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HomeMy WebLinkAbout081401 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 reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title III AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE AUGUST 14, 2001 - 7:00 P.M. At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 11:00 P.M. 6:30 P.M. - Closed Session of the City Council pursuant to Government Code Sections: Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(a) with respect to one matter of existing litigation involving the City. The following case will be discussed: 1) City of Temecula v. Tucalota Hills Association. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(c) whether to initiate litigation with respect to one item. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: No. 2001-07 Resolution: No. 2001 ~69 CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Kate Welsh Invocation: Pastor Randy R. Johnson of Temecula United Methodist Flag Salute: Venture Crew No. 337 ROLL CALL: Naggar, Pratt, Roberts, Stone, Comemhero R:~Agenda\081401 1 PRESENTATIONS/PROCLAMATIONS Good Neiqhbor Award Recipient Recoqnition of the Temecula Valley Volleyball Club "Viper" - National Champions Balloon and Wine Festival Presentation PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter no~t listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10).minutes will be devoted to these reports. CONSENT CALENDAR NOTICETOTHEPUBLIC 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 tor separate action. Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of July 10, 2001. R:~Agenda\081401 2 3 4 5 6 Resolution approvin,q List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TENIECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Report as of June 30, 2001 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of June 30, 2001. Purchase of City Vehicles RECOMMENDATION: 5.1 Approve the purchase of one 2001 Ford Ranger from Rancho Ford at $16,856.26; two Ford 1/2 ton, four-wheel drive, pick-up trucks from Ranch Ford at $45,035.28; one 2001 Chevrolet 1/2 ton, four-wheel drive, four-door pick-up truck from Paradise at $31,317.98; and one 2001 Ford utility truck from Rancho Ford at $54,825.00. Records Destruction Report RECOMMENDATION: 6.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. Approval of Contracts for Plan Review Services RECOMMENDATION: 7.1 Approve a three-year agreement for Consultant Services with Esgil Corporation to perform plan review services for the Building and Safety Department for a total amount not to exceed $100,000.00 annually. 7.2 Approve a three-year agreement for Consultant Services with VanDorpe Chou and Associates to perform plan review services for the Building and Safety Department for a total amount not to exceed $100,000.00 annually. R:~.genda\081401 3 8 Consideration of The Inland Empire Susan G. Komen Breast Cancer Foundation Race for the Cure Sponsorship Request RECOMMENDATION: 8.1 Approve the event sponsorship agreement in the amount of $25,000 with the Inland Empire Affiliate of the Susan G. Komen Breast Cancer Foundation and authorize the Mayor to execute the agreement. 9 Approve Sponsorship Requests for the Temecula Town Association Special Events RECOMMENDATION: 9.1 Approve funding for the Rod Run for actual City-support costs in the amount up to $34,880; 9.2 Approve funding for the Frontier Days Rodeo for actual City-supporf costs in the amount up to $8,470; 9.3 Approve funding for the Great Temecula Tractor Race for actual City-support costs in the amount up to $15,720. 10 Tract Map Nos. 23143-61 23143-7, 23143-8, 23143-9, 23143-10, 23143-11, and 23143-F (located south of Pauba Road, east of Butterfield StaRe Road, and north of De Portola Road) now in conformance with its oriqinal approvals). RECOMMENDATION: 10.1 Approve Tract Map Nos. 23143-6, 231~t3-7, 23143-8, 23143-9, 23143-10, 23143-11, and 23143-F in conformance with the conditions of approval; 10.2 Approvethe Subdivision Improvement Agreements; 10.3 Approve the Subdivision Monument Agreements and accept the Faithful Performance Bonds, Labor and Material Bonds, and Monument Bonds as security for the agreements. 11 Tract Map No. 23209 - Subdivision Aqreement RECOMMENDATION: 11.1 Approve the Subdivision Agreement and accept the Performance Bond security to guarantee the performance of the subdivider under this agreement. 12 Professional Services Agreement for Desiqn Services - Fire Station Wolf Creek Site - Project No. PW01-11 RECOMMENDATION: 12.1 Approve an acceleration of $100,000.00 from the Capital Improvement Program Budget for FY2002-03 to the current FY2001-02 budget for the Fire Station Wolf Creek Site - Project No. PW01-11; R:~Agenda\081401 4 12.2 Approve a Professional Services Agreement with STK Architecture, Inc. in an amount not to exceed $159,500.00 to provide design services for the Fire Station Wolf Creek Site - Project No. PW01-11 - within the planned wolf Creek Development and authorize the Mayor to execute the agreement; 12.3 Authorize the City Manager to approve amendments/change orders not to exceed the contingency amount of $15,950.00, which is equal to 10% of the agreement. 13 Completion and Acceptance for the Low-Flow Crossinq at Via Montezuma - Proiect No. PW99-15 RECOMMENDATION: 13.1 Accept the project for the Low-Flow Crossing at Via Montezuma - Project No. PW99-15 - as complete; 13.2 File a Notice of Completion, release the Pedormance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract; 13.3 Release the Materials and Labor Bond'seven months after filing of the Notice of Completion, if no liens have been filed.. 14 Completion and Acceptance of the Liqht Emittinq Diode (LED) Traffic Signal Conversion Program - Proiect Number PW01-03 RECOMMENDATION: 14.1 Accept the Light Emitting Diode (LED) Traffic Signal Conversion Program - Project No. PW01-03 - project as complete; 14.2 File a Notice of Completion, release the Pertormance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract; and 14.3 Release the Materials and Labor Bond seven months after filing of the notice of completion, if no liens have been filed. 15 Parcel Map No. 30044 (located on the south east corner of Dendy Parkway and Winchester Road} RECOMMENDATION: 15.1 Approve Parcel Map No. 30044 in conformance with the conditions of approval; 15.2 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. 16 Roripauqh Specific Plan - Status Report RECOMMENDATION: 16.1 Receive and file. R:~Agenda\081401 5 RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY R:~Agenda\081401 6 TEMECULA COMMUNITY SERVICES DISTRIC'!~ MEETING ***************************************************************************************************************** Next in Order: Ordinance: No. CSD 2001-01 Resolution: No. CSD 2001-15 CALL TO ORDER: President Jeff Stone ROLL CALL: DIRECTORS: Comerchero, Naggar, Pratt, Roberts, Stone PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item no.~t on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of July 10, 2001. 2 Second Amendment to the Tree Maintenance Services Contract with West Coast Arborists, Inc~ RECOMMENDATION: 2.1 Approve the Second Amendment for the extension of the Tree Maintenance Services Contract with West Coast Arborists, Inc. through June 30, 2002 in an amount of $75,000.000; 2.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $7,500.00, which is equal to 10% of the contract amount. R:~Agenda\081401 7 3 Janitorial Maintenance Services Contract for Park Restrooms and Picnic Shelters RECOMMENDATION: 3.1 Approve a twenty-two month contract to Grace Building Maintenance Company to provide park restroom and picnic shelter janitorial maintenance services. Contract term shall commence on September 1, 2001 and continue through June 30, 2003; 3.2 Authorize the expenditure of funds in the amount of $82,060.00 for the base contract and a contingency of 10% in the amount of $8,206.00 for supplemental services. 4 Amendment No. 1 to Aqreement between the Temecula Community Services District (TCSD) and the Temecula Swim Club RECOMMENDATION: 4.1 Approve Amendment No. 1 to the Agreement with the Temecula Swim Club to include water polo training as an enhanced skill proficiency opportunity. 5 Amendment No. 1 to the Consultant Services Aqreement for the Children's Museum Exhibit Design and Installation RECOMMENDATION: 5.1 Approve Amendment No. 1 to the Consultant Services Agreement with Sparks Exhibits and Environments in the amount of $320,000 for the design, fabrication, and installation of exhibits and tenant improvement drawings for the Children's Museum Improvement Project; 5.2 Approve a 10% contingency in the amount of $32,000. DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, August 28, 2001, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\081401 8 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 2001-01 Resolution: No. RDA 2001-05 CALL TO ORDER: Chairperson Ron Roberts ROLL CALL AGENCY MEMBERS: Comerchero, Naggar, Pratt, Stone, Roberts PUBLIC COMMENTS 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 decide to speak to the Board of Directors on an item no__t on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Cterk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of July 10, 2001. 2 Sub-Lease of Aqency Property - 27500 Jefferson Avenue RECOMMENDATION: 2.1 Approve the sublease between the Norm Reeves Group and San Bernardino Mitsubishi. R:~Agenda\081401 9 3 Acquisition of Real Property for Low and Moderate Income Housinq Purposes RECOMMENDATION: 3.1 Approve the expenditure of $130,000 from the Housing Fund for the purchase of property and necessary closing and acquisition expenses. 4 Proposed First-Time Homebuyer Amendment RECOMMENDATION: 4.1 Amend the First-Time Homebuyer Program to allow qualifying income to be based on 120% of the median income. 5 Temecula Redevelopment Aqenc¥ Housin.q Update RECOMMENDATION: 5.1 Receive and file the Housing Update. 6 Resolution approvinq the participation by the City of Temecula with the Riverside-San Bernardino Housinq and Finance Aqency (RSHFA), a Joint Powers Authority (JPA), Lease-to-Own Home Purchase Proqram RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. RDA 01- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING PARTICIPATION OF THE CITY OF TEMECULA WITH THE RIVERSIDE-SAN BERNARDINO HOUSING AND FINANCE AGENCY (RSHFA), A JOINT POWERS AUTHORITY (JPA), LEASE-TO-OWN HOME PURCHASE PROGRAM EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, August 28, 2001, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~genda\081401 10 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public Hearing or may appear and be heard in support of or in opposition to the Approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City'Clerk at, or prior to, the public hearing. 17 Harveston RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 01 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE HARVESTON SPECIFIC PLAN AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE HARVESTON SPECIFIC PLAN, LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN'CITY LIMITS (PLANNING APPLICATION 00-0189) 17.2 Adopt a resolution entitled: RESOLUTION NO. 01 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 99- 0419 (GENERAL PLAN AMENDMENT) FOR THE HARVESTON SPECIFIC PLAN AREA AND THE TWO EXCLUDED PARCELS WITHIN THE SPECIFIC PLAN ON PARCELS TOTALING 550 ACRES LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT R:~Agenda\081401 tl 17.3 Adopt a resolution entitled: RESOLUTION NO. 01 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING SPECIFIC PLAN NO. 13 (PLANNING APPLICATION NO. 99-0418) ON PARCELS TOTALING 550 ACRES LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT 17.4 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 01 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ZONE CHANGE, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA, AMENDING SECTION 17.16.070 OF THE TEMECULA MUNICIPAL CODE, AND ADOPTING ZONING STANDARDS FOR THE HARVESTON SPECIFIC PLAN NO. 13 ON PARCELS TOTALING 550 ACRES LOCATED ADJACENT TO INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT (PLANNING APPLICATION 99-0245) 17.5 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 01 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND LENNAR COMMUNITIES AND WINCHESTER HILLS I LLC" FOR THE HARVESTON SPECIFIC PLAN AREA (PLANNING APPLICATION NO. 99-0446) R:V~genda\081401 12 17.6 Adopt a resolution entitled: RESOLUTION NO. 01 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 00- 0295 - TENTATIVE TRACT MAP NO. 29639, THE SUBDIVISION OF APPROXIMATELY 550 ACRES INTO 91 LOTS WHICH CONFORM TO THE PLANNING AREAS, OPEN SPACE AREAS, SCHOOL AND PARK SITES OF THE HARVESTON SPECIFIC PLAN LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 910- 261-001, 910-261-002, 910-110-013, 910-110-015, 910-110-020, 910-110-021, 910-110-027, 910-110-076, 910-100-007, 910-100- 008, 910-060-009, 910-120-008, 911-630-001,911-630-002, 911- 630-003, 911-640-001,911-640-002, 911-180-002, 911-180-003, 911-180-004, 911-180-008, 911-180-009, 911-180-015, 911-180- 023 AND 911-180-028 17.7 Adopt a resolution entitled: RESOLUTION NO. 01 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01- 0030 - TENTATIVE TRACT MAP NO. 29928, THE SUBDIVISION OF APPROXIMATELY 40 ACRES INTO 140 RESIDENTIAL LOTS AND 21 OPEN SPACE LOTS IN PLANNING AREA 7 OF THE HARVESTON SPECIFIC PLAN; LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 911-180-003, 911-180-004, 911-640- 001 AND 911-630-003 17.8 Adopt a resolution entitled: RESOLUTION NO. 01 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01- 0031 - TENTATIVE TRACT MAP NO. 29929, THE SUBDIVISION OF APPROXIMATELY 20 ACRES INTO 118 RESIDENTIAL LOTS AND 3 OPEN SPACE LOTS IN A PORTION OF PLANNING AREAS 3 AND 4 OF THE HARVESTON SPECIFIC PLAN; LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 910-261-001,910- 261'002, 911'180'002, 911-180-003, 911'180-004 AND 911'180' 015 R:~Agenda\081401 13 17.9 Adopt a resolution entitled: RESOLUTION NO. 01 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01- 0032 - TENTATIVE TRACT MAP NO. 30088, THE SUBDIVISION OF APPROXIMATELY 9.18 ACRES INTO 38 RESIDENTIAL LOTS AND 8 OPEN SPACE LOTS IN A PORTION OF PLANNING AREA 4 OF THE HARVESTON SPECIFIC PLAN; LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 911-630-001,911- 630-002 AND 911-180-015 18 Planning Application No. 01-0121 (5th One-Year Extension of Time-Appeal) Tentative Tract Map No. 23209 (located east of the intersection of La Serena Way and Walcott Lane along Butterfield Sta,qe Road) RECOMMENDATION: 18.1 Withdraw the appeal of Condition of Approval No. 33. COUNCIL BUSINESS 19 Prima Facie Speed Limit on Certain Streets (Temeku Hills) RECOMMENDATION: 19.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTION 10.44.010 TO THE TEMECULA MUNICIPAL CODE DESIGNATING HONORS DRIVE FROM MARGARITA ROAD TO TEE DRIVE AND TEMEKU DRIVE FROM TEE DRIVE TO LA SERENA WAY AS ROADS ON WHICH GOLF CARTS ARE PERMI'I-rED PURSUANT TO VEHICLE CODE SECTION 21115 AND SE'I-rING THE SPEED LIMIT THEREON R:~Agenda\081401 14 19.2 Adopt an urgency ordinance entitled: ORDINANCE NO. 01- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTION 10.44.010 TO THE TEMECULA MUNICIPAL CODE DESIGNATING HONORS DRIVE FROM MARGARITA ROAD TO TEE DRIVE AND TEMEKU DRIVE FROM TEE DRIVE TO LA SERENA WAY AS ROADS ON WHICH GOLF CARTS ARE PERMI'I'rED PURSUANT TO VEHICLE CODE SECTION 21115 AND SETTING THE SPEED LIMIT THEREON 20 Amendment to City Commissioners Compensation RECOMMENDATION: 20.1 Adopt an urgency ordinance entitled: ORDINANCE NO. 01- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.40.100 OF THE TEMECULA MUNICIPAL CODE RELATING TO COMPENSATION FOR CITY COMMISSIONERS 20.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.40.100 OF THE TEMECULA MUNICIPAL CODE RELATING TO COMPENSATION FOR CITY COMMISSIONERS 21 Appointment of State Lobbyist Ad Hoc Advisory Group RECOMMENDATION: 21.1 Appoint one to two members to serve as an ad hoc advisory group in assisting the selection of a State Lobbyist to represent the interests of the City of Temecula in Sacramento. CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: City Council, Tuesday, August 28, 2001, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\081401 15 In 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 reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE AUGUST 14, 2001 - 7:00 P.M. At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 11:00 P.M. 6:30 P.M. - Closed Session of the City Council pursuant to Government Code Sections: Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(a) with respect to one matter of existing litigation involving the City. The following case will be discussed: t) City of Temecula v, Tucalota Hills Assocation. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(c) whether to initiate litigation with respect to one item. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: No. 2001-07 Resolution: No. 2001-69 CALL TO ORDER: Mayor Jeff Comerchero Pretude Music: Kate Welsh Invocation: Pastor Randy R. Johnson of Temecula United Methodist Flag Salute: Venture Crew No. 337 ROLL CALL: Naggar, Pratt, Roberts, Stone, Comerchero R:~Agenda\081401 1 PRESENTATIONS/PROCLAMATIONS Good Neiqhbor Award Recipient Reco,qnition of the Temecula Valley Volleyball Club "Viper" - National Champions Balloon and Wine Festival Presentation 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 pdor to the Council addressing that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of July 10, 2001. R:~Agenda\081401 2 3 4 5 6 Resolution approvin,q List of Demands RECOMMENDATION: 3.1 Adopt:a resolution entitled: RESOLUTION NO, 01- 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, 2001 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of June 30, 2001. Purchase of City Vehicles RECOMMENDATION: 5.1 Approve the purchase of one 2001 Ford Ranger from Rancho Ford at $16,856.26; two Ford ~ ton, four-wheel drive, pick-up trucks from Ranch Ford at $45,035.28; one 2001 Chevrolet ~ ton, four-wheel drive, four-door pick-up truck from Paradise at $31,317.98; and one 2001 Ford utility truck from Rancho Ford at $54,825.00. Records Destruction Report RECOMMENDATION: 6.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. Approval of Contracts for Plan Review Services RECOMMENDATION: 7.1 Approve an expenditure in an amount not to exceed $100,000.00 per year for Plan Check Services with Esgil Corporation for the Building and Safety Department. 7.2 Approve and expenditure in an amount not to exceed $75,000.00 per year for plan review services with YanDorpe Chou and Associates for the Building and Safety Department. R:~Agenda\081401 3 8 Consideration of The Inland Empire Susan G. Komen Breast Cancer Foundation Race for 9 the Cure Sponsorship Request RECOMMENDATION: 8.1 Approve the event sponsorship agreement in the amount of $25,000 with the Inland Empire Affiliate of the Susan G. Komen Breast Cancer Foundation and authorize the Mayor to execute the agreement. Approve Sponsorship Requests for the Temecula Town Association Special Events RECOMMENDATION: 9.1 Approve funding for the Rod Run for actual City-support costs in the amount up to $34,880; 9.2 Approve funding for the Frontier Days Rodeo for actual City-support costs in the amount up to $8,470; 9.3 Approve funding for the Great Temecula Tractor Race for actual City-support costs in the amount up to $15,720. 10 Tract Map Nos. 23143-6, 23143-7, 23143-8, 23143-9, 23143-10, 23143-11, and 23143-F (located south of Pauba Road, east of Butterfield Sta.qe Road, and north of De Portola Road) now in conformance with its ori.qinal approvals). RECOMMENDATION: 10.1 Approve Tract Map Nos. 23143-6, 23143-7, 23143-8, 23143-9, 23143-10, 23143-11, and 23143-F in conformance with the conditions of approval; 10.2 Approvethe Subdivision Improvement Agreements; 10.3 Approve the Subdivision Monument Agreements and accept the Faithful Performance Bonds, Labor and Material Bonds, and Monument Bonds as security for the agreements. 11 Tract Map No. 23209 - Subdivision Aqreement RECOMMENDATION: 11.1 Approve the Subdivision Agreement and accept the Performance Bond security to guarantee the performance of the subdivider under this agreement. 12 Professional Services Aqreement for Desiqn Services - Fire Station Wolf Creek Site - Proiect No. PW01-11 RECOMMENDATION: 12.1 Approve an acceleration of $100,000.00 from the Capital Improvement Program Budget for FY2002-03 to the current FY2001-02 budget for the Fire Station Wolf Creek Site - Project No. PW01-11; R:~Agenda\081401 4 13 12.2 Approve a Professional Services Agreement with STK Architecture, Inc. in an amount not to exceed $159,500.00 to provide design services for the Fire Station Wolf Creek Site - Project No. PW01-11 - within the planned wolf Creek Development and authorize the Mayor to execute the agreement; 12.3 Authorize the City Manager to approve amendments/change orders not to exceed the contingency amount of $15,950.00, which is equal to 10% of the agreement. Completion and Acceptance for the Low-Flow Crossinq at Via Montezuma - Project No, PW99-15 RECOMMENDATION: 13.1 Accept the project for the Iow-Flow crossing at Via Montezuma - Project No. PW99- 15 - as complete; 13.2 File a Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract; 13.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion, if no liens have been filed. 14 Completion and Acceptance of the Light Emittin,q Diode (LED) Traffic Si.qnal Conversion Proqram - Project Number PW01-03 RECOMMENDATION: 14.1 Accept the Light Emitting Diode (LED) Traffic Signal Conversion Program - Project No. PW01-03 - project as complete; 14.2 File a Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract; and 14.3 Release the Materials and Labor Bond seven months after filing of the notice of completion, if no liens have been filed. 15 Parcel Map No. 30044 (located on the south east corner of Dendy Parkway and Winchester Road) RECOMMENDATION: 15.1 Approve Parcel Map No. 30044 in conformance with the conditions of approval; 15,2 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. 16 Roripau,qh Specific Plan - Status Report RECOMMENDATION: 16.1 Receive and file. R:~Agenda\081401 5 RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, AND THE INDUSTRIAL DEVELOPMENT AUTHORITY R:~,genda\081401 6 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 2001-01 Resolution: No. CSD 2001-15 CALL TO ORDER: President Jeff Stone ROLL CALL: DIRECTORS: Comerchero, Naggar, Pratt, Roberts, Stone PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of July 10, 2001. 2 Second Amendment to the Tree Maintenance Services Contract with West Coast Arborists, Inc. RECOMMENDATION: 2.1 2.2 Approve the Second Amendment for the extension of the Tree Maintenance Services Contract with West Coast Arborists, Inc. through June 30, 2002 in an amount of $75,000.000; Authorize the City Manager to approve change orders not to exceed the contingency amount of $7,500.00, which is equal to 10% of the contract amount. R:~,genda\081401 7 3 Janitorial Maintenance Services Contract for Park Restrooms and Picnic Shelters RECOMMENDATION: 3.1 Approve a twenty-two month contract to Grace Building Maintenance Company to provide park restroom and picnic shelter janitorial maintenance services. Contract term shall commence on September 1, 2001 and continue through June 30, 2003; 3.2 Authorize the expenditure of funds in the amount of $82,060.00 for the base contract and a contingency of 10% in the amount of $8,206.00 for supplemental services. 4 Amendment No. I to Agreement between the Temecula Community Services District (TCSD) and the Temecula Swim Club RECOMMENDATION: 4.1 Approve Amendment No. 1 to the Agreement with the Temecula Swim Club to Include water polo training as an enhanced skill proficiency opportunity. 5 Amendment No. 1 to the Consultant Services A,qreement for the Children's Museum Exhibit Desi,qn and Installation RECOMMENDATION: 5.1 Approve Amendment No. I to the Consultant Services Agreement with Sparks Exhibits and Environments in the amount of $320,000 for the design, fabrication, and installation of exhibits and tenant improvement drawings for the Children's Museum Improvement Project; 5.2 Approve a 10% contingency in the amount of $32,000. DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, August 28, 2001, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\081401 8 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 2001-01 Resolution: No. RDA 2001-05 CALL TO ORDER: Chairperson Ron Robeds ROLL CALL AGENCY MEMBERS: Comerchero, Naggar, Pratt, Stone, Roberts PUBLIC COMMENTS 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 decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of July 10, 2001. 2 Sub-Lease of Aqency Property - 27500 Jefferson Avenue RECOMMENDATION: 2.1 Approve the sublease between the Norm Reeves Group and San Bernardino Mitsubishi. R:~Agenda\081401 9 3 Acquisition of Real Property for Low and Moderate Income Housing Purposes RECOMMENDATION: 3.1 Approve the expenditure of $130,000 from the Housing Fund for the purchase of property and necessary closing and acquisition expenses. 4 Proposed First-Time Homebuyer Association RECOMMENDATION: 4.1 Amend the First-Time Homebuyer Program 1o allow qualifying income to be based on 120% of the median income. 5 Temecula Redevelopment Aqency Housin.q Update RECOMMENDATION: 5.1 Receive and file the Housing Update. 6 Resolution approving the participation by the City of Temecula with the Riverside-San Bernardino Housin.q and Finance Aqenc¥ (RSHFA), a Joint Powers Authority (JPA), Lease-to-Own Home Purchases Program RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. RDA 0l- A RESOLUTION OF THE CITY OF TEMECULA REDEVELOPMENT AGENCY BOARD APPROVING PARTICIPATION OF THE CITY OF TEMECULA WITH THE RIVERSIDE-SAN BERNARDINO HOUSING AND FINANCE AGENCY (RSHFA), A JOINT POWERS AUTHORITY (JPA), LEASE-TO-OWN HOME PURCHASE PROGRAM EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, August 28, 2001, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\081401 10 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public Hearing or may appear and be heard in support of or in opposition to the Approval of the project(s) at the time of the hearing. If you challenge any of the proJect(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 17 Harveston RECOMMENDATION: 17.1 XXX 18 Plannin,q Application No. 01-0121 (5th One-Year Extension of Time-Appeal) Tentative Tract Map No. 23209 (located east of the intersection of La Serena Way and Walcott Lane along Butterfield StaRe Road) RECOMMENDATION: 18.1 Withdraw the appeal of Condition of Approval No. 33. COUNCIL BUSINESS 19 Prima Facie Speed Limit on Certain Streets (Temeku Hills) RECOMMENDATION: 19.1 Introduce and read by title only an ordinance entitled: ORDINANCENO. 01- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTION 10.44.010 TO THE TEMECULA MUNICIPAL CODE DESIGNATING HONORS DRIVE FROM MARGARITA ROAD TO TEE DRIVE AND TEMEKU DRIVE FROM TEE DRIVE TO LA SERENA WAY AS ROADS ON WHICH GOLF CARTS ARE PERMITTED PURSUANT TO VEHICLE CODE SECTION 21115 AND SETTING THE SPEED LIMIT THEREON 19.2 Adopt an urgency ordinance entitled: R:~Agenda\081401 11 ORDINANCE NO. 01- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTION 10.44.010 TO THE TEMECULA MUNICIPAL CODE DESIGNATING HONORS DRIVE FROM MARGARITA ROAD TO TEE DRIVE AND TEMEKU DRIVE FROM TEE DRIVE TO LA SERENA WAY AS ROADS ON WHICH GOLF CARTS ARE PERMITTED PURSUANT TO VEHICLE CODE SECTION 21115 AND SETTING THE SPEED LIMIT THEREON 20 Amendment to City Commissioners Compensation RECOMMENDATION: 20.1 Adopt an urgency ordinance entitled: ORDINANCE NO. 0'1- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.40.t00 OF THE TEMECULA MUNICIPAL CODE RELATING TO COMPENSATION FOR CITY COMMISSIONERS 20.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.40.100 OF THE TEMECULA MUNICIPAL CODE RELATING TO COMPENSATION FOR CITY COMMISSIONERS 21 Appointment of State Lobbyist Ad Hoc Advisory Group RECOMMENDATION: 21.1 Appoint one to two members to serve as an ad hoc advisory group in assisting the selection of a State Lobbyist to represent the interests of the City of Temecula in Sacramento. CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: City Council, Tuesday, August 28, 2001, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\081401 12 PROCLAMATIONS AND PRESENTATIONS ITEM 1 ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CiTY COUNCIL JULY 10, 2001 The City Council convened in Open Session at 7:00 P.M., on Tuesday, July 10, 2001, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. There were no Closed Session Items. Present: Councilmembers: Naggar, Pratt, Roberts, Stone, Comerchero Absent: Councilmember: None PRELUDE MUSIC The prelude music was provided by Eve Craig. INVOCATION The invocation was given by Pastor Skip McComas of Hope Lutheran. ALLEGIANCE The salute to the Flag was led by Cub Pack No. 148. PUBLIC COMMENTS A. Relaying the Board's opposition with the article, Mr. Paul Orozco, representing Southwest Hispanic Chamber of Commerce, referenced the article published in the Valley Times with regard to Housing. B. Mr. Clif Hewlett, 42890 Calle Corto, representing De Luz 2000, relayed his opposition to the high-density housing project previously proposed for Walker Basin; advised that a new plan has been proposed with a total housing density of 106 dwelling units; and requested that the City of Temecula officially support the newly proposed plan which will be considered by the County Planning Commission. Mayor Comerchero informed Mr. Hewlett that the matter has already been agendized for the City Council rneeting of July 24, 2001. Relaying his delight with the proposed reduction in density, Mayor Pro Tem Roberts continued to voice concerns with regard to the removal of existing oak trees. Advising that staff will be submitting a letter to the County Planning Commission, on his behalf, relaying his support of De Luz 2000, Councilman Naggar as well presented a copy of his letter to Mr. Hewlett and welcomed him to read the letter into the record at the County Planning Commission meeting. C. Ms. Eve Craig, 42960 Calle Reva, President of the Temecula Valley Historical Society, thanked the City Council for its recent sponsorship of the Historical Society Barbeque and commended those individuals involved on a job well done. R:\Minutes\071001 1 CITY COUNCIL REPORTS A. In response to Mr. Orozco, Councilman Stone requested that the Redevelopment Agency's Housing Program be agendized, within the next 30 days, for City Council review. B. With regard to the requests to lower the speed limit in Temeku Hills (golf course community), Mayor Pro Tern Roberts advised that the City of Norco is in the process of drafting a new law with regard to this issue and as well suggested that such law, if approved, be applied to the Meadowview community (horse community). Mayor Pro Tem Roberts informed the City Council and viewing public that he has been elected as the Chair of the Transportation Committee of the Southern California Association of Governments and as well has been reappointed as a Member of the California League of Cities (Riverside County Division Executive Board) for one year. C. By way of overhead, Councilman Naggar referenced a brochure that reflects various examples of densities and suggested that such examples be included in the City's newsletter. Concurring with Mr. Naggar's suggestion, Mayor Comerchero requested that staff be given the opportunity to create examples appropriate for the City. Mayor Pro Tem Roberts as well concurred Councilman Naggar's suggestion to publish such examples in the City's newsletter. D. Supporting Mayor Pro Tem Roberts' comments relative to the speed limit in Temeku Hills, Councilman Pratt noted that such action, where applicable, should apply to the entire City. Mr. Pratt also commented on the need to change the autoculture. E. Advising that the Public Utilities Commission is conducting a hearing at the Community Recreation Center (CRC) this evening and will continue to conduct other hearings to address the Environmental Impact Report for the Valley Rainbow Powerline Project, Mayor Comerchero noted that he had briefly attended the hearing at the CRC in order to read into to the record an official statement from the City and encouraged those individuals with concerns to attend the upcoming hearings in order to provide input. F. Councilman Naggar commended staff on an excellent job with regard to the Fourth of July Festivities. CONSENT CALENDAR Standard Ordinance and Resolution Adoption Procedure. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of June 12, 2001. R:~'vlinutes\071001 2 3 Resolution approvin,q List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 01-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of May 31, 2001 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of May 31, 2001. 5 City Treasurer's Statement of Investment Policy RECOMMENDATION: 5.1 Adopt the Treasurer's Statement of Investment Policy as proposed by staff, which provides safety, liquidity, and yield for City funds. 6 Authorization of Special Tax Levy in Community Facilities District No. 88-12 (Ynez Corridor) RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO, 0t-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN FACILITIES DISTRICT NO. 88-12 {YNEZ CORRIDOR) 7 Purchase of Police Motorcycles RECOMMENDATION: 7.1 Approve the purchase of two police motorcycles from Quaid Harley Davidson for a total amount of $36,948.76. Because of the reliability, durability, and cost after buy back, Mayor Pro Tern Roberts relayed his support of the purchase of two Harley Davidson motorcycles. R:\Minutes\071001 3 8 Contract Inspection Services for Building and Safety RECOMMENDATION: 8.1 Approve an agreement for Consultant Services with P & D Consultants in an amount not to exceed $165,000 to provide supplemental building inspection services to the Building and Safety Department. 9 David Turch & Associates Contract Amendment RECOMMENDATION: 9.1 Approve the contract amendment for Federal legislative services to be provided by David Turch & Associates in the amount of $30,000 with an additional $2,500 reimbursement for all ordinary and reasonable expenses incurred on the City's behalf. 10 Maintenance Facility OfficeNVorkstation Furnishinqs RECOMMENDATION: 10.1 Approve a contract in the amount of $83,061 to purchase refurbished modular workstations and space planning services from Business Furniture Solutions. With regard to Consent Calendar Item Nos. 1'1, ~12, t3, itwas noted by Public Works Director Hughes, for Councilman Naggar, that staff has followed the RFQ process; that a vast majority of the participating vendors are local; that any company has the opportunity to be placed on the City's vendor list; and that these Annual Professional Services Agreements are not exclusive agreements. Councilman Naggar voiced his desire to ensure the ability for newer firms to be given an opportunity. 11 Annual Professional Services Agreement for Real Estate Appraisal Services for various Capital Improvement Projects for FY 2001-2002 RECOMMENDATION: 11.1 Approve an agreement with Robert Shea Perdue Real Estate Appraisal in an amount not to exceed $30,000 to provide as-needed real estate appraisal services; 11.2 Authorize the Mayor to execute the agreement. 12 Annual Professional Services A,qreements for Geotechnical and Material Testinq Services for various Capital Improvement Projects for FY 2001-2002 RECOMMENDATION: 12.1 Approve the agreement with Petra Geotechnical, Inc. in an amount not to exceed $60,000 to provide as-needed geotechnical and materials testing services; 12.2 Approve the agreement with Ninyo & Moore in an amount not to exceed $60,000 to provide as-needed geotechnical and materials testing services; R:\Minutes\071001 4 12.3 Authorize the Mayor to execute the agreements. 13 Annual Professional Services Aqreements for En.qineering and Construction Survey Services for various Capital Improvement Projects for FY 2001-2002 RECOMMENDATION: 13.1 Approve the annual agreement with Kevin Cozad & Associates in an amount not to exceed $60,000 to provide as-needed engineering and construction survey services; 13.2 Approve the annual agreement with Adikson Engineers, Inc., dba Adkan Engineers1 in an amount not to exceed $60,000 to provide as-needed engineering and construction survey services; 13.3 Authorize the Mayor to execute the agreements. 14 Public Works Annual Maintenance Aqreements RECOMMENDATION: 14.1 Approve the minor annual maintenance and construction contracts with: · Monteleone Contractors, Inc. in an amount not to exceed $100,000.00 · Walter K. Becker (dba Becker Engineering) in an amount not to exceed $100,000.00 · Rene's Commercial Management in an amount not to exceed $100,000.00 · Toran Development & Construction in an amount not to exceed $100,000.00 · NPG Corp (Nelson Paving & Sealing) in an amount not to exceed $100,000.00 · Murrieta Development Company in an amount not to exceed $100,000.00 · Graham Crackers-Demo, Inc. in an amount not to exceed $100,000.00. 15 Amendment No. 2 with West Coast Arborists, Inc. for renewal of City-wide Tree Trimming Maintenance Contract RECOMMENDATION: 15.1 Approve Amendment No. 2 for the extension of the City-wide Tree Trimming Maintenance Services Contract with West Coast Arborists, Inc. for a period of one year beginning July 1, 2001 in an amount of $150,000.00 and authorize the Mayor to execute the contract extension; 15.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $15,000.00, which is equal to 10% of the contract amount. R:\Minutes\071001 5 16 Completion and Acceptance of Pala Road Bridge Improvements - Environmental Mitigation - Proiect No. PW97-15EM RECOMMENDATION: 16.1 Accept the project Pala Road Bridge Improvements - Environmental Mitigation - Project No. PW97-15EM - as complete; 16.2 Authorize the City Clerk to file the Notice of Completion and release the Performance Bond; 16.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion, if no liens have been filed. 17 Professional Services Agreement - Converse Consultants Contract for Geotechnical and Material Testing Services - Pavement Management Project - FY2000-01 - Project No. PW00-30 RECOMMENDATION: 17.1 Approve an agreement with Converse Consultants in an amount not to exceed $32,020.00 to provide as-needed geotechnical and material testing services for the Pavement Management Project for FY2000-01 and authorize the Mayor to execute the agreement; 17.2 Authorize the City Manager to approve change orders not to exceed the contingency amount cf $3,202.00, which is equal to 10% of the agreement amount. 18 Department of Parks and Recreation Per Capita Grant Proqram RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. 01-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COSTAL PROTECTION BOND ACT OF 2000 19 Acceptance of Median Landscape Bonds and Agreement along Meadows Parkway for Tract Nos. 29431 and 24136- Newland Communities, LLC RECOMMENDATION: 19.1 Accept the agreement and surety bonds from Newland Communities, LLC, Inc. to the landscaped medians along Campanula Way and De Portola Road in Paseo del Sol - Specific Plan No. 219 - Tract Nos. 29431 and 24136. R:\Minutes\071001 6 20 Legislation 2001 RECOMMENDATION: 20.1 Approve staff to prepare various positions of support with the Mayor's signature for current legislation. 21 Roripau,qh Specific Plan - Status Report RECOMMENDATION: 21.1 Receive and file. MOTION: Councilman Nagger moved to approve Consent Calendar Item Nos. 1-21. The motion was seconded by Councilman Stone and voice voted reflected unanimous approval. At 7:39 P. M., the City Council convened as the Temecula Community Services District, the Temecula Redevelopment Agency, and the Winchester Hills Financing Authority. After a shod recess, the City Council, at 8:03 P.M., resumed with regularly scheduled City Council business. 22 Pedestrian Bridqe over Winchester Road at Nicolas Road (at the request of Councilman Nagger) RECOMMENDATION: 22.1 Direct: the Public Works Department to process an application for the construction of a pedestrian bridge over Winchester Road at Nicolas Road through Caltrans; 22.2 Approve a transfer of $400,000.00 in Capital Reserves from the Murrieta Hot Springs Road Flyover Project (Date/Cherry Street Improvements from Murrieta Hot Springs Road to Margarita Road - Phase V) to the pedestrian bridge project over State Route 79 North/VVinchester Road at Nicolas Road. Public Works Director Hughes reviewed the staff report (as per agenda material); commented on the process necessary in order for Caltrans to make a decision as to whether or not to permit the construction of a pedestrian overcrossing; advised that Caltrans has full jurisdiction over the roadway; addressed funding, noting that pedestrian safety grants may be available through the State/Federal; relayed that all avenues will be pursued after which the matter would be forwarded to the Public Traffic/Safety Commission for input and to the City Council for final recommendation. In response to Mayor Pro Tem Roberts, Mr. Hughes confirmed that because the construction of such an overcrossing would not be a regional project but a local project, Caltrans would not require the City to attain approvals from SCAG or RCTC unless funding were being sought from those agencies. Having personally viewed such traffic measures in the City of Laguna Beach, Mayor Pro Tem Roberts requested that staff determine if Caltrans have approved the flashing ambers (pavement and overhead) and if it were an approved device that has been approved, requested that staff explore such options for the City. Councilman Nagger requested that the City Council and the public be kept apprised of the process. R:\Minutes\071001 7 Councilman Pratt requested that staff discuss the construction of such an overcressing with the Temecula Unified School District in order to determine if other possible sites may be necessary. MOTION: Councilman Naggar moved to approve the staff recommendation. The motion was seconded by Mayor Pro Tem Roberts and voice vote reflected unanimous approval. 23 Potential City Hall Site (at the request of Councilman Pratt) RECOMMENDATION: 23.1 Provide direction to staff regarding this item. Viewing the City's City Hall as a centerpiece location of the community, Councilman Pratt commented on sites that he would find, architecturally and Iocationally, as suitable sites. Concurring that the City Hall site should be a centralized location for the community, Councilman Stone stated that the current site will not indefinitely satisfy the City's needs; that the City purchased its City Hall with the intent of utilizing it for approximately 10 years (City Hall has been operating at the current site for the past five years in October); that the City has other capital needs (Police Station, an additional library) prior to funding a future City Hall; that staff should begin to explore potential sites, centrally located, for a future Civic Center; and that this project should be addressed in the Capital Improvement Program. Concurring with the idea of exploring future City Hall sites, Mayor Pro Tern Roberts as well noted that the City has other immediate priorities such as the construction of a library. Councilman Naggar concurred with staff exploring potential City Hall sites and continuing to maintain a reserve to ensure the ability to purchase the appropriate site when located. As well concurring with the idea of exploring potential City Hall sites, Mayor Comerchero suggested that the process be identified in the Capital Improvement Program. City Manager Nelson advised that approximately $1 million has been set aside for the City Hall location; recommended to proceed with the development of a work plan and for staff to analyze potential sites in order for the City Council to identify a site and then proceed with acquiring the property and land banking for the desired site; and to present the work plan to the City Council within 60 days; MOTION: Councilman Stone moved that staff to proceed with the development of a future City Hall work plan, to analyze potential sites, to include a future City Hall site in the Capital Improvement Program, and that the matter be readdressed by the City Council within the next 60 days. The motion was seconded by Mayor Pro Tern Roberts and voice vote reflected unanimous approval. R:~',,linutes\071001 8 24 City Council Term Limits (at the request of Councilman Pratt) RECOMMENDATION: 24.1 Provide direction to staff regarding this item. Having requested this particular item, Councilman Pratt reviewed the issue, relaying his support of limiting City Council to two terms in order to give other individuals the opportunity to serve the community. For Councilman Naggar, Councilman Pratt noted that, to his understanding, the proposed term limits would not apply to the upcoming election. Mr. David Micheal, 30300 Churchill Court, relayed his support of terms limits (total of 8 years) and, therefore, suggested that it be placed on the November ballot. Referencing an article, written by Rod Pacheco (64th District), in support of term limits, Mr. Chris Pedersen, 31052 Wellington Circle, as well spoke in support of term limits. Adamantly opposing term limits, Councilman Stone noted that term limits, even at a State level, have proven, because of inconsistencies, to be a failure; that the residents of the City have the ability to impose term limits every four years; and that term limits could even be imposed earlier than the four years by way of a recall. Commenting on the impacts term limits have had at the State/Federal level, Mayor Pro Tem Roberts noted that he could possibly, in the future, support a three-term limit (12 years) for the City. Addressing the need for leadership, knowledge base, and history, in order to serve on various agency boards, Mr. Roberts noted that such qualities take time. As per the listing provided by staff, Assistant City Attorney Curley, for Councilman Naggar, reiterated that 22 of the 371 General Law Cities have adopted term limits. Viewing the power of incumbency as powerful, Councilman Naggar relayed his support of term limits (8 years); stated that new candidates bring new ideas; and suggested the following option: two term limits after which a two-year hiatus be taken and then the individual may again choose to run for another two terms. Strongly opposing the adoption of term limits, Mayor Comerchero viewed terms limits as an insult to the voters, noting that an incumbent only has an advantage if he/she has done a good job; otherwise, he stated that he would not view incumbency as an advantage; that working in government is a slow process as to how the individual develops as a leader; and that involvement in regional issues takes time. Mr. Comerchero noted that of the 371 General Law Cities only 22 have adopted term limits and that of the 17,000 cities in the United States, only 3,000 have adopted term limits. Councilman Pratt noted that the Cities of Los Angeles and San Francisco have term limits and reiterated his support of term limits. Councilman Naggar requested that staff provide information to him as to how Riverside County voted with regard to State limits. R:~Vlinutes\071001 9 MOTION: Councilman Stone moved to reject term limits at the local level and that staff provide to Mr. Naggar the information he had requested. The motion was seconded by Mayor Pro Tern Roberts and voice vote reflected approval with the exception of Councilman Pratt and Councilman Naggar who voted n_po. 25 Release of letter from City Attorney re.qardin.q use of City Facilities (at the request of Councilman Naggar) RECOMMENDATION: 25.1 Provide direction to staff regarding this item. Advising the public that the proposed request to make public a letter, marked confidential Attorney/Client privilege, written by the City Attorney with regard to the use of City facilities for political activities is an unusual request, Mayor Comerchero noted that the City Council will have to vote on whether or not to release the letter to the public. Mr. Comerchero relayed his support of releasing the letter. With regard to Mayor Pro Tem Roberts' request of the City Attorney to provide a legal opinion as to the use of City Hall for the Kitchen Cabinet meetings, Mr. David Micheal, 30300 Churchill Court, noted that the Attorney has given a ruling but has evoked Attorney/Client privilege, stating that a client may waive such a privilege. With regard to the City Attorney's opinion, Mr. Micheal stated that the City Council never approved the City Attorney to give such a legal opinion on this issue or approved expenditures with regard to the matter and, therefore, requested that Mayor Pro Tem Roberts be submitted a bill for payment. City Manager Nelson clarified that he had made the request of the City Attorney not Mayor Pro Tem Roberts. MOTION: Mayor Pro Tem Roberts moved to release the letter to the public. The motion was seconded by Councilman Naggar and voice vote reflected approval with the exception of Councilman Stone who voted n._9o. At this time, Mayor Comerchero read into the record the letter written by City Attorney Thorson, dated 6/25/01, with regard to the use of City facilities for political activities. Councilman Naggar noted that the formation of the Kitchen Cabinet was a campaign promise he had made; described the initial organization of the committee; and commented on the meetings and the make-up of the members. Advising that a member of the committee had sent a letter to him submitting her resignation from the committee, Mr. Naggar noted that her resignation letter was never received by him but was received by Mayor Pro Tern Roberts; and that the resignation letter was then provided to the press and that accusations were made that he was improperly using City Hall for political means. Referencing the ruling from the United States Justice Foundation with regard to this issue, Mr. Naggar noted that no violation of any municipal, regulatory, or State Law has occurred and that, in fact, the founder of the Kitchen Cabinet has acted with the highest regard for citizen involvement. He reiterated that the Kitchen Cabinet meetings are open and press has been invited to attend. Having apologized to the individual who submitted the resignation letter, Mayor Pro Tem Roberts advised that he had received a copy of the letter; that he was under the impression that it was copied to all City Councilmembers; and that he was in Italy during the time this letter was received. Referencing the individual's letter and noted comments, Mr. Roberts questioned whether these committee meetings are open or closed meetings. As stated by the United R:\Minutes\071001 10 States Justice Foundation, Mr. Roberts requested that equal access to these meetings be given all City Councilmembers and, if so desired, to the entire public. Extending an apology to the citizens of Temecula, Councilman Stone stated that the past two years, any issue that could be politicized has been politicized and, therefore, explained his reason for voting no to releasing the letter to the public. Mr. Stone noted that the City Council should be spending more time on City issues instead of the issues such this, viewing such discussion as a waste of time to the City Council as well as to the viewing audience. Concurring that this is not the forum in which to address this matter, Mayor Comerchero noted that the item was to release the letter; that the City Council had voted to release the letter; that the letter was read into the record; and that the requested action has been taken. Councilman Naggar reiterated that the Kitchen Cabinet meetings are open and noted that he as well is embarrassed by such action and that it is a political issue -- one that he did not cause. 26 Consideration of Mail Security Measures for City Council Correspondence (at the request of Councilman Naggar) RECOMMENDATION: 26.1 Provide direction to staff regarding this item. Reviewing the City's mail delivery procedure for the City Councilmembers, Councilman Naggar readdressed the issue and questioned of how a resignation letter from the Kitchen Cabinet member addressed to him was received by Mayor Pro Tom Roberts and subsequently received by the press. As a result of this issue, Mr. Naggar advised that his mail will now be under lock and key. Advising that staff receives hundreds of correspondence on a monthly basis, City Manager Nelson noted, for Councilman Naggar, that he cannot specifically answer why the letter of discussion was not stamped and/or routed as usually done or why it was received by Mayor Pro Tern Roberts. Noting that staff takes pride in their work and that staff does their best to route information to the City Councilmembers as well as internal staff within the City, Mr. Nelson stated that all such documents are public documents. Clarifying the standard mail delivery/distribution procedure, Mr. Nelson advised that a new procedure has been developed for Mr. Naggar to ensure a level of comfort for him but noted that he cannot promise a mistake will not be made because human error does occur, summarizing that a mistake was made and for that he apologizes. In the past nine years, Councilman Stone stated that staff has done an exceptional and responsible job in the distribution/delivery of City Councilmembers mail, noting that any mail he receives may be viewed as a public document; that he personally has nothing to hide; and that he is satisfied with the current procedure and the security of it. Mr. David Micheai, 30300 Churchill Court, reiterated that any City Councilmember could have come to the Kitchen Cabinet meetings and noted that the Cabinet members have chosen to not want press in attendance in fear of being misquoted or inhibited by discussion. Mr. Micheal stated that Mayor Pro Tem Roberts should have given the resignation letter to Councilman Naggar. In response to Mayor Pro Tem Roberts, Assistant City Attorney Curley reviewed the Public Records Act and, thereby, defining a public record as a written system with information relating to the conduct of public/City business that is prepared, owned, used, retained by the City in the R:\Minutes\071001 11 normal cause of business and stating that any communication pertaining to City business, not marked confidential/private, would fall into that broad definition of a public record. Viewing the majority of staff as outstanding, Councilman Naggar relayed his dismay with the randomness of this act. Addressing the current mail delivery/distribution procedure, Mayor Comerchero noted that a vast majority of letters received by him are letters addressed to another City Councilmember and that are copied to the entire City Council unless marked personal/confidential. In closing, Mayor Comerchero voiced no concern with the current mail procedure and as well viewed his mail as public information. Viewing such discussion as wasteful, Councilman Stone requested that staff agendize an item, as in the City of Murrieta, requiring three City Council votes to agendize any item for discussion. CITY MANAGER'S REPORT No comment. CITY ATTORNEY'S REPORT No comment. ADJOURNMENT At 9:44 P.M., the City Council meeting was formally adjourned to Tuesday, July 17, 2001, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California, for the purpose of a Joint City Council/Planning Commission Workshop. ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:~Vlinutes\071001 12 ITEM 3 RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $3,311,199.01. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 14th day of August, 2001. ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:/Resos2OO1/Resos 01- 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 01 - was duly adopted at a regular meeting of the City Council of the City of Temecula on the 14th day of August, 2001 by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos2001/Resos 01~ 2 CITY OF TEMECULA LIST OF DEMANDS 07/19/01 TOTAL CHECK RUN: 07/26/01 TOTAL CHECK RUN: 08~02/01 TOTAL CHECK RUN: 08/02/01 TOTAL CHECK RUN: 08/14/01 TOTAL CHECK RUN: 07119/01 TOTAL PAYROLL RUN: 08/02/01 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 08/14/01 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND 120 DEVELOPMENT IMPACT FUND 165 RDA DEV-LOW~VlOD SET ASIDE 190 CON.UNITY SERVICES DISTRICT 192 TCBD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ. FUND 261 CFD 88-12 ADMIN EXPENSE FUND 280 REDEVELOPMENT AGENCY-ClP 300 INSURANCE FUND 310 VEHICLES FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 380 RDA - DEBT SERVICE 100 GENERAL FUND 165 RDA-LOWR~IOD SET ASIDE 190 COI~MUNIT~ SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D REDEVELOPMENT AGENCY~IP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES TOTAL BY FUND: SHA~LSON, CITY MANAGER $ 413,282.95 690,390.73 732,761.48 45,000.00 933,012.06 245,265.82 251,485.97 3,311,199.01 1,404,458.03 45,000.00 22,426.58 191,313.28 89.26 19,592.99 771.17 518,433.42 55.50 178,508.82 20,916.39 29,084.85 35,947.67 19,818.58 286,345.97 328,132.35 8,222.17 118,875.26 116.74 6,250.50 3,816.82 14,992.79 4,292.30 9,316.00 $ 2,814,447.22 496,751.79 $ 3,311,199.01 HEREBY CERTIFY THAT THE FOLLOWING IS TRUE A~ID CORRECT. HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. VOUCNRE2 CITY OF TEHECULA PAGE 11 07/19/01 15:08 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE 001 GENERAL FUND 165 RDA DEV- LO~/HOD SET ASIDE 190 COHHUNITY SERVICES DISTRICT 192 TESD SERVICE LEVEL B 193 -TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IHPROVEHENT PROJ FUND 261 CFD 88-12 ADHIN EXPENSE FUND 280 REDEVELOPNENT AGENCY - CIP 300 INSURANCE FUND 320 INFORMATION SYSTENS 330 SUPPORT SERVICES 340 FACILITIES AMOUNT 208,927.47 5,777.59 71,623.33 42.96 9,544.06 350.79 69,132.49 55.50 11,903.95 19,804.45 12,826.89 1,023.40 2,270.07 TOTAL 413,282.95 VOUCHRE2 CITY OF TEMECULA PAGE 1 07/19/01 15:08 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK NUMSER 87651 87651 87651 87651 87651 87651 87651 87651 87651 87651 87651 87651 87651 87651 87651 87651 87651 87651 87651 87651 87651 87651 87651 87651 926133 926133 926133 926133 926133 926133 926133 926133 926133 926133 926133 926133 926133 926133 926133 926133 926133 926133 926133 926133 926133 926133 CHECK DATE 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 07/19/01 VENDOR NUMBER 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 VENDOR NAME PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES~ RETIRE PERS EMPLOYEES~ RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES~ RETIRE PEAS EMPLOYEES~ RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES~ RETIRE PERS EMPLOYEES~ RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES~ RETIRE PERS ENPLOYEES~ RETIRE PERS EMPLOYEES~ RETIRE PERS EMPLOYEES~ RETIRE PERS EMPLOYEES~ RETIRE PERS (EMPLOYEES~ RETIRE PERS (EMPLOYEES~ RETIRE PERS (EMPLOYEES' RETIRE 000283 IRSTATAX (IRS) 000283 INSTATAX (IRS) 000283 INSTATAX (IRS) 000283 INSTATAX (IRS) 000283 1NSTA1AX (IRS) 000283 INSTATAX (IRS) 000283 INSTATAX (IRS) 000283 INSTATAX (IRS) 000283 INSTATAX (IRS) 000283 INSTATAX (IRS) 000283 INSTATAX (IRS) 000283 IHSTATAX (IRS) 000283 INSTATAX (IRS) 000283 [NSTATAX (IRS) 000283 INSTATAX (IRS) 000283 INSTATAX (IRS) 000283 INSTATAX (IRS) 000283 INSTATAX (IRS) 000283 INSTATAX (IRS) 000283 INSTATAX (IRS) 000283 INSTATAX (IRS) 000283 INSTATAX (IRS) ITEM DESCRIPTION 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS-PRE 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 MEDICARE 000283 MEOICARE 000283 MEOICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE ACCOUNT NUMBER 001-2390 165-2390 190-2390 192-2390 193-2390 194-2390 280-2390 300-2390 320-2130 320'2390 330-2390 340-2390 001-2130 001-2390 165-2390 190-2390 192-2390 193-2390 194-2390 280-2390 300-2390 320-~90 330-2390 340-2390 001-2070 165-2070 190-2070 192-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-2070 165-2070 190-2070 192-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 340-2070 ITEM AMOUNT 25,832.29 659.93 4,841.67 11.19 425.13 97.59 286.03 139.55 26.51 1,153.52 215.31 604.45 182.91 86.73 1.87 19.07 .05 1.82 .36 .92 .46 3.72 1.39 2.65 26,285.21 480.56 8,506.87 16.30 460.14 128.70 173.82 91.19 1,240.51 321.66 701.62 6,191.78 156.10 2,163.35 2.62 120.88 22.26 67.14 32.51 297.50 77.58 171.11 CHECK AMOUNT 34,595.12 47,709.41 926172 07/19/01 000444 INSTATAX (EDD) 000444 SOl 001-2070 112.11 926172 07/19/01 000444 INSTATAX (EDD) 000444 SOI 165-2070 5.27 926172 07/19/01 000444 INSTATAX (EDD) 000444 SDI 190-2070 295.00 VOUCHRE2 CITY OF TEHECULA 07/19/01 15:08 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 2 VOUCHER/ CHECK CHECK VENDOR VEHDOR ITEM ACCOUNT HUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM M4OUNT CHECK AMOUNT 926172 07/19/01 000444 INSTArAX (EDD) 000444 SDI 193-2070 3.01 926172 07/19/01 000444 INSTArAX (EDD) 000444 SDI Z80-2070 1.36 926172 07/19/01 000444 INSTAtAX CEO0) 000444 SDI 320-2070 6.87 926172 07/19/01 000444 INSTATAX (EO0) 000444 SOI 330-2070 7.01 926172 07/19/01 000444 INSTATAX (EDD) 000444 SOl 340-2070 3.34 926172 07/19/01 000444 INSTA'rAX (EDO) 000444 STATE 001-2070 7,299.90 926172 07/19/01 000444 INSTATAX (EDD) 000444 STATE 165-2070 133.20 926172 07/19/01 000444 INSTATAX (EDD) 000444 STATE 190-2070 1,783.48 926172 07/19/01 000444 IRSTATAX (EDD) 000444 STATE 192-2070 5.19 926172 07/19/01 000444 INSTATAX (EDD) 000444 STATE 193-2070 114.11 926172 07/19/01 000444 [NSTATAX (EOD) 000444 STATE 194-2070 40.18 926172 07/19/01 000444 INSTATAX (EDD) 000444 STATE 280-2070 54.42 926172 07/19/01 000444 IHSTATAX (EDD) 000444 STATE 300-2070 22.01 926172 07/19/01 000444 INSTATAX (EDD) 000444 STATE 320-2070 27'3.27 926172 07/19/01 000444 [NSTATAX (EDD) 000444 STATE 330-2070 79,15 926172 07/19/01 000444 INSTATAX (EDD) 000444 STATE 340-2070 171.56 70323 07/19/01 000724 A & R CUSTOM SCREEN PR! SHIRTS FOR S.M.A.R.T. PROGRAM 190-183-999-5372 70323 07/19/01 000724 A & R CUSTOM SCREEN PAl SHIRTS FOR S.M.A.R.T. PROGRAM 190-183-999-5372 70323 07/19/01 000724 A & R CUSTOM SCREEN PR! SHIRTS FOR S.M.A.R.T. PROGRAM 190-183-999-5372 70323 07/19/01 000724 A & R CUSTOM SCREEN PRI SHIRTS FOR S.M.A.R.T. PROGRAM 190-183-999-5372 70323 07/19/01 000724 A & R CUSTOM SCREEN PRI SALES TAX 190-183-999-5372 70323 07/19/01 000724 A & R CUSTOM SCREEN PAl RECREATION STAFF UNIFORMS 190-180-999-5243 144.00 144.00 180.00 27.00 37.13 446.13 10,410.44 978.26 70324 07/19/01 ADAMS, DEBBIE REFUND:PARENT/ME S~IM LESSONS 190-186-4970 55.00 55.00 70325 07/19/01 003810 AMERICAN ASSOCIATION OF MEMBERSHIP: TEM MUSEUM ~60~ 190-185-999-5226 174.55 174.55 70326 07/19/01 004022 AMERICAN MINI STORAGE, JUL C115 UNIT RENT-STORAGE PLN 001-162-999-5234 70326 07/19/01 004022 AMERICAN MiNi STORAGE, dUL B109 UNIT RENT-STORAGE PLN 001-162-999-5234 70326 07/19/01 004022 AMERICAN MINI STORAGE, AUG UNIT Cl15 RENT-STORAGE PLN 001-162-999-5234 70326 07/19/01 004022 AMERICAN MINI STORAGE, AUG 8109 UNIT RENT-STORAGE PLN 001-162-999-5234 70327 07/19/01 000747 AMERICAN PLANNING ASSOC MEMBERSHiP:STEPHEN L. BROWN 001-161-999-5226 70328 07/19/01 000101 APPLE ONE, INC. TEMP HELP W/E 06/16 DICLEMENTE 190-180-999-5118 70328 07/19/01 000101 APPLE ONE, INC. TEMP HELP W/E 06/30 ALLEN 190-180-999-5118 70329 07/19/01 BANKHEAD, MICHELLE REFUND:SWIM LESSONS LEVEL 2 190-1~-4970 70330 07/19/01 004206 BANUELOS, TERESA TCSD INSTRUCTOR EARNINGS 190-183-999-5330 70331 07/19/01 0034~ BASKET & BALLOUNS TO{)! 2 GIFT BASKETS AND WRAP 001-111-999-5270 70331 07/19/01 0034~ BASKET & BALLOUNS TOU! GIFT BASKET AND WRAP 001-111-999-5270 70332 07/19/01 003126 BOOMRAARDEN, DENNIS TCSD INSTRUCTOR EARNINGS 190-183-999-5330 70333 07/19/01 004081 BUSINESS FURNITURE SOLU OEPOSIT:FURNITURE FOR MNTC FAC 210-190-158-5610 70334 07/19/01 C S A I A SPRING TRAINI SEXUAL ASSAULT TAN:CAMPBELL 001-170-999-5261 124.00 124.00 124.00 124.00 320.00 520.00 365.56 55.00 170.00 112.88 53.50 247.20 41,530.19 350.00 496.00 320.00 885.56 55.00 170.00 166.38 247.20 41,530.19 350.00 VOUCHRE2 07/19/01 15.'08 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 70335 07/19/01 70336 07/19/01 003138 70337 07/19/01 000674 70338 07/19/01 000658 70338 07/19/01 000638 70338 07/19/01 000638 70339 07/19/01 000131 70340 07/19/01 70341 07/19/01 002534 70342 07/19/01 000137 70343 07/19/01 002989 70344 07/19/01 70345 07/19/01 004405 70345 07/19/01 004405 70345 07/19/01 004405 70345 07/19/01 004405 70345 07/19/01 004405 70345 07/19/01 004405 70346 07/19/01 004414 70346 07/19/01 004414 70347 07/19/01 001193 70348 07/19/01 001264 70349 07/19/01 70350 07/19/01 002900 70351 07/19/01 003681 70351 07/19/01 003681 70352 07/19/01 004192 70355 07/19/01 001380 70353 07/19/01 001380 70353 07/19/01 001380 70353 07/19/01 001380 70555 07/19/01 001580 70353 07/19/01 001380 VENDOR HAME CSTI CAL MAT CALIF CONTRACT CITIES CALIF DEPT OF CONSERVAT CALIF DEPT OF CONSERVAT CALIF DEPT OF CONSERVAT CARL NARREN & COMPAHY I CAROPI NO, CHRISTIE CATERERS CAFE CHEVRON U S A IHt CLEAR IMAGE NINDO~ CLEA CLEWI ~.;, SUSAN COMMUNITY HEALTH CHARIT COMMUNITY HEALTH CHARIT COMMUNITY HEALTH CHARIT COMMUNITY HEALTH CHARIT COMMUNITY HEALTH CHARIT COMMUNITY HEALTH CHAMIT COMMUNITY ~ORKS DESIGN COMMUNITY ~ORKS DESIGN COMP U S A INC COSTCO WHOLESALE CURIEL, MARLO DANIEL HAHN JOHNSON DAVIDSON & ALLEN, ARCHI DAVIDSON & ALLEN, ARCHI DO~NS COMMERCIAL FUELIH E S EMPLOYMENT SERVIC E S EMPLOYMENT SERVIC E S EMPLOYMENT SERVIC E S EMPLOYMENT SERVIC E S EMPLOYMENT SERVIC E S EMPLOYMENT SERVIC CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCRIPTION PUBLIC LEGAL UPDATE:GY/AA:IO/2 P~ PATCH TRUCK MATERIALS 2001-2002 CITY ANNUAL DUES 1ST QTR OF 2001 STRONG MOTION IST QTR OF 2001 STRONG MOTION 1ST QTR OF 2001 STRONG HOTION CLAIM ADJUSTER SERVICES REFUND: TAKING CHARGE COOK SVCS FOR ANNEXATION EVENT FUEL EXPENSE FOR CITY VEHICLES CITY HALL NINDO~/ CLEANING REFUND: SHIM LESSONS LEVEL 1 004405 CHC 004405 CHC 004405 CHC 004405 CHC 004405 CHC 004405 CHC APR PROF ARCH[TECTURAL:PWO0-20 MAR/APR FIRST ST BRDG:PW95-08 MISC COMPUTER SUPPLIES EE COMPUTER PURCH PRGM:J.ZUNA REFUND:DANCE-BALLROOM MAR/APR DESIGN SVC:PALA RD PH2 MAR DESIGN SVCS:SENIOR CENTER TEM MNTC DESIGN PHASE III SVCS FUEL FOR CITY VEHICLES TEMP HELP W/E 06/29 HANSEN TEMP HELP V/E 06/29 HAHSEH TEMP HELP N/E 06/29 HANSEN TEMP HELP N/E 06/29 HAMSEN TEMP HELP W/E 06/29 HANSEN TEMP HELP N/E 06/29 HANSEN ACCOUNT NUMBER 001-110-999-5260 001-164-601-5218 001-100-999-5226 001-2280 001-2290 001-162-4229 300-199-999-5205 190-183-4982 190-183-999-5370 001-170-999-5262 340-199-701-5250 190-186-4970 001-2120 190-2120 193~2120 194-2120 330-2120 340-2120 210-165-611-5802 280-199-807-5804 320-199-999-5242 001-11;5 190-183-4982 210-165-668-5802 210-190-163-5802 210-190-158-5802 190-180-999-5265 190-180-999-5118 001-161-999-5118 001-161-999-5118 001-120-999-5118 001-120-999-5118 001-1990 ITEM AMOUNT 250.00 1,315.31 560.00 1,348.95 3,228.81 228.88- 614.79 30.00 100.00 72.83 45.00 10.00 123.29 5.81 .60 .20 5.50 .60 1,600.00 1,050.00 150.48 300.99 15.00 1,783.40 348.69 42.02 503.25 173.70 806.02 592.27 125.65 202.80 360.56 PAGE 3 CHECK AMOUHT 250.00 1,315.31 560.00 4,348.88 614.79 30.00 100,00 72.83 45.00 10.00 136.00 2,650.00 150.48 300.~ 15.00 1,783.40 390.71 503.25 2,261.00 VOUCHRE2 07/19/01 15:08 VOUCHER/ CHECK CHECK NUMBER OATE 70354 07/19/01 70355 07/19/01 70356 07/19/01 70357 07/19/01 70358 07/19/01 70359 07/19/01 70359 07/19/01 70359 07/19/01 70560 07/19/01 70360 07/19/01 70360 07/19/01 70361 07/19/01 70362 07/19/01 70362 07/19/01 70362 07/19/01 70362 07/19/01 70362 07/19/01 70362 07/19/01 70362 07/19/01 70362 07/19/01 70362 07/19/01 70362 07/19/01 70363 07/19/01 70364 07/19/01 70365 07/19/01 70366 07/19/01 70367 07/19/01 70368 07/19/01 70369 07/19/01 70369 07/19/01 70370 07/19/01 70371 07/19/01 70372 07/19/01 VENDOR VENDOR NUMBER NAME 000523 EASTERN MUNICIPAL WATER 002283 EMBASSY SUITES HOTEL ESPOSITO, KELL! EVANS, SUSAN EVENSON, 001056 EXCEL LANDSCAPE 001056 EXCEL LANDSCAPE 001056 EXCEL LANDSCAPE 000478 FAST SIGNS 000478 FAST SIGNS 000478 FAST SIGNS 000166 FIRST AMERICAN TITLE CO 003347 FIRST BAMKCARD CENTER 003347 FIRST BAMKCARD CENTER 003347 FIRST 8ANKCARD CENTER 005547 FIRST BANKCARD CENTER 003347 FIRST BANKCARD CENTER 003347 FIRST BANKCARD CENTER 003347 FIRST BANKCARD CENTER 003347 FIRST SAMKCARD CENTER 003347 FIRST BANKGARD CENTER 003347 FIRST 8ANKCARD CENTER 002982 FRANCtlISE TAX BOARD - W 003531 GATEWAY GEORGE, ANTHONY GOLEC, NATASHA 004159 GOODENOUGR, DONNA HARDCASTLE, MICHELLE 002372 HARMON, JUDY 002372 HARMON, JUDY 004242 HARMONY ARTISTS INC HARRISON, CONNIE 002906 NEMET FENCE COMPANY CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCRIPTION 39656 DIEGO DR WATER SUPPLY HTL:CSAIA CF:10-9-12 #87893549 REFUND:PARENT/HE SWIM LESSONS REFUND:SWIM LESSONS LEVEL 2 REFUND:TODDLER SWIM LESSONS JUN LDSCP SVC:EASEMENT CLEANUP JUN LDSCP IMPR:VETERANS PRK JUN LDSCP IMPH:R.C.COLOR REPLC SIGN FOR STREET PAINTING ADDTL STREET PAINTING SIGNS WALL SIGNAGE FOR MUSEUM LITIGATION GUARANTEES:SWEDISH XX-3083 NAGGAR:URBAN WTR/PRKG XX*0902 O'GRADY:PROE MTG-TOGOS XX-2576 NELSON:LEAGUE OF CITIE XX-5288 JONES:EARTHLXNK/MTGS XX-5288 JONES:EARTHLINK/MTGS XX-5288 JONES:EARTHLINK/MTGS XX-5288 JONES:EARTHLINK/MTGS XX-5288 JONES:EARTHLINK/MTGS XX-6702 MEYER:TARGET/PROF MTGS XX-6702 MEYER:TARGET/PROF MTGS 002982 ST DED EE COMPUTER PURCH PRGM:J.ZUNA REFUND:SWIM LESSONS LEVEL 1 REFUND: PARENT/ME SWIM LESSONS TCSD INSTRUCTOR EARNINGS REFUND:SWIM LESSONS LEVEL 1 TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS ENTERTA]NMENT:STREET PAINTING REFUND:SWIM LESSONS LEVEL 4 RES IMPR PRGM:NICHOLS ACCOUNT NUMBER 193-180-999-5240 001-170-999-5261 190-186-4970 190-186-4970 190-186-4970 193-180-999-5212 190-180-999-5415 190-180-999-5415 280-199-999-5362 280-199-999-5362 190-185-999-5250 210-165-611-5802 001-1990 001-110-99(2-5260 001-110-999-5258 320-19(2-999-5211 001-120-999-5220 001-120-999-5261 001-100-999-5260 001-120-999-5260 280-199-999-5220 280-1990 190-2140 001-1175 190-186-4970 190-186-4970 190-183-999-5330 190-1~-4970 190-183-999-5330 190-183-999-5330 280-199-999-5362 190-1~-4970 165-199-~13-5804 ITEM AMOUNT 190.60 681.70 25.00 25.00 10.00 1,800.00 1~5.00 475.20 300.00 142.24 32.48 400.00 3T9.00 53.31 395.00 535.25 29.04 161.74 78.82 32.00 5.36 39.00 156.58 1,181.43 25.00 25.00 56.00 55.00 363.20 544.60 400.00 25.00 1,785.00 PAGE 4 CHECK AMOUNT 190.60 681.70 25.00 25.00 10.00 2,450.20 474.72 400.00 1,708.52 156.58 1,181.43 25.00 25.00 56.00 55.00 907.80 400.00 25.00 1,785.00 VOUCHRE2 07/19/01 15:08 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 7037~ 07/19/01 000194 7037'5 07/19/01 000194 70573 07/19/01 000194 7037'5 07/19/01 000194 70373 07/19/01 000194 70373 07/19/01 000194 70374 07/19/01 001517 70375 07/19/01 002424 70376 07/19/01 004481 70377 07/19/01 004104 70377 07/19/01 004104 70377 07/19/01 004104 70378 07/19/01 003631 70378 07/19/01 003631 70378 07/19/01 003631 70378 07/19/01 003631 70379 07/19/01 70380 07/19/01 70301 07/19/01 70382 07/19/01 70383 07/19/01 70383 07/19/01 70385 07/19/01 70384 07/19/01 003286 70385 07/19/01 70386 07/19/01 70387 07/19/01 70388 07/19/01 70389 07/19/01 70390 07/19/01 70591 07/19/01 70392 07/19/01 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS 004051 L 0 R GEOTECHNICAL 6ROU 000945 L P S COMPUTER SERVICE VENDOR ITEM NAME DESCRIPTION 003605 LAKE ELSINORE STORM 004412 LEANDER, KERRY D. 004412 LEANDER, KERRY D. 004412 LEANDER, KERRY O. 000213 004087 LOWE~S MASCARINA-VO, JUDITH 000220 MAURICE PRINTERS INC MCGINN, KELLY 003448 MELOOYS AD WORKS 003790 MOCKINGBIRD NURSERIES C M A RETIREMENT TRUS 000194 DEF COMP C M A RETIREMENT TRUS 000194 DEF COMP C M A RETIREMENT TRUS 000194 DEF COMP 0 M A RETIREMENT TRUS 000194 DEF COMP C M A RETIREMENT TRUS 000194 DEF COMP C M A RETIREMENT TRUS 000194 DEF COMP INTEGRATED INSIGHTS DBA MID MANAGEMENT ~ORKSHOP 6/28 KELLEY DISPLAY INC 7 AMERICAN FLAG BANNERS KIMLEY HORN & ASSOCIATE MAY PROF SVC:DIAZ RO EXTENSION KINETIC SYSTEMS INC EMERG:CITY HALL HVAC REPAIRS KINETIC SYSTEMS INC EMERG:CRC NVAR REPAIRS KINETIC SYSTEMS INC NVAC REPAIRS:CITY HALL KLEIHFELDER INC JUN GEOTECH SVC:R.C.SPTS PRK KLEINEELDER lNG dUN GEOTECH SVO:R.C.SPTS PRK KLEINFELDER INC dUN GEOTECH SVCS:STARLGT RIDGE KLEINFELDER INC JUN GEOTECH SVCS:SANTIAGO BRDG dUN GEOTECH SVC:IST ST EXT. COMPUTER PRINTER REPAIR SVC LABEAUX, VENIA REFUND:AQUATICS-LIFEGUARD TRN EE NGHT @ THE STORM:71 TICKET TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS LIBRARy SYSTEMS & SERVI JUN SVCS-LIBRART SYSTEM AGRMT LIGHT, ROGER'M. REFUND:SPRT-SKYHAWKS ROLLR HOC LOCAL GOVERNMENT COMMIS SUBSCRIPTION:LIVABLE PLACES HARDWARE SUPPLIES-TCSD MNTC REFUND-TINY TOTS CREATIVE BEG DEMOGRAPHIC PROFILE REFUND-SUMMER OAT CAMP ADD~L EXPENSES:STR.PAINT FEST. REISS CK#69803-PALA BRDG LDSCP ACCOUNT NUMBER 001-2080 165-2080 190-2080 194-2080 280-2080 300-2080 001-150-999-5261 001-111-999-5271 210-165-684-5802 340-199-701-5212 190-182-999-5212 340-199-701-5215 210-190-178-5804 210-190-178-5804 210-190-141-5802 001-164-601-5248 280-199-807-5804 320-199-999-5221 190-183-4982 001-2175 190-183-999-5330 190-183-999-5330 190-183-999-5330 001-101-999-5285 190-183-~982 001-161-~-5228 190-180-999-5212 190-183-4982 001-111-999-5270 190-182-4984 280-199-999-5362 210-165-631-5804 ITEM AMOUNT 2,269.71 445.85 465.13 16.50 148.62 50.00 800.00 9O9.30 4,995.00 180.00 60.00 90.00 896.50 322.50 1,382.00 2,006.00 2,356.92 220.53 55.00 284.00 270.00 146.00 190.00 1,144.57 87.00 15.00 274.56 35.00 1,481.35 145.00 957.76 5,409.72 PAGE 5 CHECK AMOUNT 3,395.81 800.00 909.30 4,995.00 330.00 4,607.00 2,356.92 220.53 55.00 284.00 606.00 1,144.57 87.00 15.00 274.56 35.00 1,481.35 145.00 957.76 5,409.72 VODCHRE2 CITY OF TEMECULA 07/19/01 15:08 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 6 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAHE DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 70393 07/19/01 004162 MONSTER.CON 70394 07/19/01 000437 MORELAND & ASSOCIATES 70394 07/19/01 000437 MORELAND & ASSOCIATES JULY-PREPAY FOR 10 RECRUIT AOS 001-150-999-5254 PROVIDES AUDIT SERVICES 001-140-999-5248 PROVIDES ALIOIT SERVICES 001-140-999-5248 2,350.00 235.75 559,65 2,350.00 795.40 70395 07/19/01 000718 NATIONAL RECREATION &PA ANNUAL MEMBERSHIP:PARKER:Z1539 190-180-999-5258 365.00 365.00 70396 07/19/01 002139 NORTH COUNTY TIMES- ATT RECRUITMENT ADS FOR HR 001-150-999-5254 70396 07/19/01 002139 NORTH COUNTY TIMES- ATT RECRUITMENT ADS FOR HR 001-150-999-5254 70396 07/19/01 002139 NORTH COUNTY TIMES- ATT RECRUITMENT ADB FOR HR 001-150-999-5254 70396 07/19/01 002139 NORTH COUNTY TIMES- ATT RECRUITMENT ADS FOR HR 001-150-999-5254 70396 07/19/01 002139 NORTH COUNTY TIMES- ATT RECRUITMENT ~DS FOR HR 001-150-999-5254 70396 07/19/01 002139 NORTN COUNTY TIMES- ATT RECRUITMENT ADS FOR HR 001-150-999-5254 115.00 70.00 70.00 155.00 67.50 82.50 560.00 70397 07/19/01 004191 NORTH COUNTY TIMES-PMT ANN'L SUBSCRIPTION:CALIFORNIAN 001-16~-604-5228 61.00 61.00 70398 07/19/01 003964 OFFICE DEPOT BUSINESS S OFFICE SUPPLIES-FINANCE DEPT 001-140-999-5220 70398 07/19/01 00396/* OFFICE OEPOT BUSINESS S MISC OFFICE SUPPLIES:POLICE 001-170-999-5220 69.19 60.33 129.52 70399 07/19/01 002103 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-161-999-5214 70399 07/19/01 002105 OLD TOWN TIRE & SERVICE CZTY VEHICLE REPAIRS & MAINT 001-164-601-5214 70399 07/19/01 002105 OLD TOUN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-164-601-5214 70399 07/19/01 002105 OLD TOUR TIRE & SERVICE CITY VEHICLE REPAIRS & ftRINT 001-164-601-5214 70399 07/19/01 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-164-601-5214 99.87 101.42 55.70 193.74 98.30 549.03 70400 07/19/01 003955 PANE CONSULTING SERVICE RAINBOW SPRING 659X 190-180-999-5301 70400 07/19/01 003955 PANE CONSULTING SERVICE SET UP & SCREEN 190-180-999-5301 70400 07/19/01 003955 PANE CONSULTING SERVICE FREIGHT 190-180-999-5301 70400 07/19/01 003955 PANE CONSULTING SERVICE SALES TAX 190-180-999-5301 236.00 40.00 24.00 21.16 321.16 70401 07/19/01 003218 PELA 70401 07/19/01 003218 PELA 70402 07/19/01 002331 PEP BOYS INC 70402 07/19/01 002331 PEP SOYS INC 70402 07/19/01 002331 PEP BOYS INC 70402 07/19/01 002331 PEP BOYS INC JUN LDSCP PLAN CHECK SVCS:TCSD 190-180-999-5248 dUN LDSCP PLAN CHECK SVCS:TCSD 193-180-999-5248 MISC SUPPLIES FOR PW MNTC CREW 001-164-601-5214 MISC SUPPLIES FOR PW MNTC CREW 001-164-601-5214 MISC SUPPLIES FOR PW MNTC CREW 001-164-601-5214 MISO SUPPLIES FOR PW MNTC CREW 001-164-601-5214 450.00 1,305,00 12.93 11.34- 7.45 .97 1,755.00 10.01 70403 07/19/01 001958 PEAS LONG TERM CARE PRO 001958 PERS L-T 001-2122 83.99 70404 07/19/01 000249 PETTY CASH PETTY CASB REIMBURSEMENT 001-162-999-5220 70404 07/19/01 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5261 70404 07/19/01 000249 PETTY CASN PETTY CASH REIMBURSEMENT 001-120-999-5260 70404 07/19/01 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5260 70404 07/19/01 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-601-5250 70404 07/19/01 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-601-5250 70404 07/19/01 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5265 70404 07/19/01 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-111-~99-5270 70404 07/19/01 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-185-999-5301 70404 07/19/01 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-~9-5265 70404 07/19/01 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-120-999-5260 18.26 5.00 4.50 15.00 39.56 22.59 16.76 9.46 1.91 19.47 11.00 83.99 VOUCHRE2 07/19/01 15:08 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE 7 VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME ITEM DESCRIPTION ACCOUNT ITEM CHECK NUMBER AMOUNT AMOUNT 70404 07/19/01 000249 PETTY CASN 70404 07/19/01 000249 PETTY CASH 70404 07/19/01 000249 PETTY CASH 70404 07/19/01 000249 PETTY CASH 70404 07/19/01 000249 PETTY CASH 70404 07/19/01 000249 PETTY CASH 70404 07/19/01 000249 PETTY CASH 70404 07/19/01 000249 PETTY CASH 70404 07/19/01 000249 PETTY CASH 70404 07/19/01 000249 PETTY CASH 70404 07/19/01 000249 PETTY CASH PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT 001-150-999-5265 11.13 001-150-999-5265 30.65 001-150-999-5265 28.97 001-150-999-5265 24.34 001-120-999-5260 4.50 001-161-610-5262 8.00 190-183-999-5340 25.00 190-18~-999-5340 75.00 001-100-999-5260 9.89 210-190-i73-5802 16.22 001-111-999-5270 38.00 435.21 70405 07/19/01 000580 PHOTO WORKS OF TEMECULA PHOTO DEVELOPING FOR MUSEUM 70405 07/19/01 000580 PHOTO WORKS OF TEMECULA PHOTO DEVELOPING FOR CIP 190-185-999-5250 32.25 001-165-999-5250 40.68 72.93 70406 07/19/01 000254 PRESS ENTERPRISE COMPAN 70406 07/19/01 000254 PRESS ENTERPRISE COMPAN 70406 07/19/01 000254 PRESS ENTERPRISE COMPAR 70406 07/19/01 000254 PRESS ENTERPR/SE COMPAN 70406 07/19/01 000254 PRESS ENTERPRISE COMPAN 70406 07/19/01 000254 PRESS ENTERPRISE COMPAN JUN VAR.PUBLIC NTCS:CITY CLERK 001-120-999o5256 JUN VAR.PUBLIC NTCS:PLANNING 001-161-999-5256 JUN VAR.PUBLIC NTCS:CITY CLERK 001-120-999-5256 JUN VAR.PUBLIC NTCS:PLANNING 001-161-999-5256 JUN VAR.PUBLIC NTCS:CITY CLERK 001-120-999-5256 dUN VAR.PUSLIC NTCS:PLANNING 001-161-999-5256 533.71 19.00 9.25 54.25 18.75 18.75 653.71 70407 07/19/01 003493 PRO-CRAFT OVERHEAD DOUR RES IMPRV PRGM: VEDRA 165-199-813-5804 835.00 835.00 70408 07/19/01 000635 R & J PARTY PALACE 70408 07/19/01 000635 R & J PARTY PALACE 70409 07/19/01 000728 RAMSEY BACKFLOW & PLUM8 EQUIPMENT RENTAL:V.R. ANNEX. 190-180-999-5301 RENTAL EQUIPMENT:4TH OF JULY 190-183-999-5370 REISS CK#69507-REPLACE BCKFLOW 193-180-999-5212 979.95 145.00 892.00 1,124.95 892.00 70410 07/19/01 000262 RANCRO CALIF WATER DIST 70410 07/19/01 000262 RANCHO CALIF WATER DIST 70410 07/19/01 000262 RANCHO CALIF WATER DIST 70410 07/19/01 000262 RANCHO CALIF WATER DIST 70411 07/19/01 000907 RANCHO CAR WASH 70411 07/19/01 000907 RANCHO CAR WASH 70411 07/19/01 000907 RANCHO CAR WASH 70411 07/19/01 000907 PJ~NCHO CAR WASH 70411 07/19/01 000907 RANCHO CAR WASH 70411 07/19/01 000907 RANCHO CAR WASH 70411 07/19/01 000907 RANCHO CAR WASH 70411 07/19/01 000907 RANCHO CAR WASH 70411 07/19/01 000907 RANCHO CAR WASH 70411 07/19/01 000907 RANCHO CAR WASH 70412 07/19/01 000947 RANCHO REPROGRAPHICS 70413 07/19/01 002110 RENTAL SERVICE CORPORAT 70413 07/19/01 002110 RENTAL SERVICE CORPORAT VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS CITY VEHICLE DETAILING CITY VEHICLE FUEL CITY VEHICLE DETAILING & GAS CITY VEHICLE DETAILING CITY VEHICLE DETAILING & GAS CITY VEHICLE DETAILING CITY VEHICLE DETAILING & GAS CITY VEHICLE DETAILING & GAS CITY VEHICLE DETAILING & GAS CITY VEHICLE DETAILING BLUEPRINT REPROOUCTIONS:CIP RENTAL EQUIPMENT:PW MNTC CREW RENTAL EQUIPMENT FOR PW MNTC 190-180-999-5240 193-180-999-5240 001-164-603-5240 210-165-828-5804 001-162-999-5214 001'162-999-5265 001-165-999-5214 001-171-999-5214 001'163-999-5214 001-161-999-5214 001-164-601-5214 001-164-604-5263 001-164-604-5214 190-180-999-5214 001-165-999-5250 001-164-601-5238 001-16~-601-5238 6,262.30 2,437.7'5 426.22 38.55 58.00 15.25 14.00 11.00 45.86 14.00 47.00 14.00 7.00 21.00 7.23 189.21 227.86 9,164.82 247.11 7.23 417.07 70414 07/19/01 002412 RICHARDS WATSON & GERSH 12/00-5/01ADD~L LEGAL SVCS 001-1990 18,013.33 VOUCHRE2 CITY OF TEMECULA PAGE 8 07/19/01 15=08 VOUCHER/CHECK REGISTER FOR ALL PERIODS VODCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER CATE NUMBER NAME DESCRIPTION HUMBER ITEM AMOUNT CHECK AMOUNT 70414 07/19/01 002412 RICHARDS WATSON & GERSH NAY 2001 LEGAL SERVICES 001-130-999-5246 70414 07/19/01 002412 RICHARDS WATSON & GERSH NAY 2001 LEGAL SERVICES 001-1990 70414 07/19/01 002412 RICHARDS WATSON & GERSH NAY 2001 LEGAL SERVICES 190-180-999-5246 70414 07/19/01 002412 RICHARDS WATSON & GERSH NAY 2001 LEGAL SERVICES 300-199-999-5246 70414 07/19/01 002412 RICHARDS WATSON & GERSH NAY 2001 LEGAL SERVICES 280-199-999-5248 70414 07/19/01 002412 RICHARDS WATSON & GERSH NAY 2001 LEGAL SERVICES 261-199<2-999<2-5246 70414 07/19/01 002412 RICHARDS WATSON & GERSH NAY 2001 LEGAL SERVICES 210-165-631-5801 70414 07/19/01 002412 RICHARDS WATSON & GERSH MAY 2001 LEGAL SERVICES 001-2643 70414 07/19/01 002412 RICHARDS WATSON & GERSH NAY 2001 LEGAL SERVICES 001-2642 70414 07/19/01 002412 RICHARDS WATSON & GERSH NAY 2001 LEGAL SERVICES 001-2643 70414 07/19/01 002412 RICHARDS WATSON & GERSH MAY 2001 LEGAL SERVICES 165-199-999-5246 70415 07/19/01 RICHES, TOM REFUND-SUMMER DAY CAMP 190-182-4984 70416 07/19/01 000418 RIVERSIDE CO CLERK & RE APERTURE CARDS DUPLICATES 001-163-999-5250 28,471.85 17,37~.92 1,645.25 18,765.40 5,691.00 55.50 1,241.00 520.00 28,401.46 196.00 165.00 370.00 5.00 120,539.71 370.00 5.00 70417 07/19/01 000271 ROBER'r BEIN~q FROST & MAR 2001 ENGINEERING SVCS:DIAZ 210-165-632-5802 70418 07/19/01 001048 ROGAS CANTINA RESTAURAN REFRESHMENTS:4TH OF JULY 190-183-999-5370 9,126.70 560.00 9,126.70 560.00 70419 07/19/01 003001 ROSS FENCE COMPANY RES IMPRV PRGM: GORDON 165-199-813-5804 896.00 896.00 70420 07/19/01 004560 ROSS INDUSTRIES PUBL.EDUCATION MATERIALS-FIRE 001-1990 214.97 214.97 70421 07/19/01 RUCKER, TINA 70422 07/19/01 SANIDAD, SAMANTHA REFUND-PARENT/ME SWIM LESSONS 190-186-4970 REFUND-CHARGED NON-RES FEE 190-186-4970 25.00 10.00 25.00 10.00 70423 07/19/01 003766 SMALL, SANDRA K. TCSD INSTRUCTOR EARNINGS 190-183-999-5330 80.00 80.00 70424 07/19/01 000645 SMART & FINAL INC CRC RECREATION SUPPLIES 190-182-999-5301 100.53 100.53 70425 07/19/01 000537 SO CAI. IF EDISON JUL 2-22-331-0400 VARIOUS MTRS 190-180-999-5319 70425 07/19/01 000537 SO CALIF EDISON JUL 2-22-575-0934 VARIOUS MTRS 190-180-999-5240 70425 07/19/01 000537 SO CALIF EDISON JUL 2-22-057-2226 VARIOUS MTRS 190-180-999-5319 70425 07/19/01 000537 SO CALIF EDISON JUL 2-22-057-2234 VARIOUS MTRS 190-180-999-5319 70425 07/19/01 000557 SO CALIF EOISON dUL 2-22-496-3462 VARIOUS MTRS 190-180-99<2-5319 70425 07/19/01 000537 SO CAI. IF EDISON JUN 2-00-397-5059 190-180-999-5240 70425 07/19/01 000537 SO CALIF EDISON dUL 2-07-626-6063 VARIOUS MTRS 193-180-999-5240 70425 07/19/01 000537 SO CALIF EOISON dUL 2-22-417-8772 RANCHO VISTA 190-180-999-5240 70425 07/19/01 000537 SO CALIF EDISON FEB-JUN 2-22-417-8772 R.VISTA 190-180-999-5240 70425 07/19/01 000537 SO CALIF EDISON dUL 2-05-791-8807 VARIOUS MTRS 190-180-999-5319 70425 07/19/01 000537 SO CALIF EDISON dUN 2-20-140-9299 VARIOUS MTRS 190-1990 70426 07/19/01 001212 SO CALIF GAS COMPANY JUL 095-167-7907-2 STN ~ 001-171-999-5240 70426 07/19/01 001212 SO CALIF GAS COMPANY dUL VARIOUS CITY FACILITY MTRS 190-181-999-5240 70426 07/19/01 001212 SO CALIF GAS COMPANY dUL VARIOUS CITY FACILITY MTRS 190-182-999-5240 70426 07/19/01 001212 SO CALIF GAS COMPANY JUL VARIOUS CITY FACILITY #TRS 190-184-999-5240 70426 07/19/01 001212 SO CALIF GAS COMPANY JUL VARIOUS CITY FACILITY MTRS 190-185-999-5240 70426 07/19/01 001212 SO CALIF GAS COMPANY dUL VARIOUS CITY FACILITY MTRS 190-186-999-5240 70426 07/19/01 001212 SO CALIF GAS COMPANY dUL VARIOUS CITY FACILITY MTRS 190-188-999-5240 30.99 160.57 82.26 50.47 11.59 3,96~.74 12.96 7,127.84 12,722.08 3,597.19 385.42 109.55 21.13 66.39 24.01 12.70 597.58 13.46 28,146.11 VOUCHNE2 07/19/01 15:08 VODCHER/ CHECK CHECK VENDOR VENDOR HUMBER DATE NUMBER NAME 70426 07/19/01 001212 SO CALIF GAS COMPANY 70427 07/19/01 000519 SOUTH COUNTY PEST CONTR 70428 07/19/01 SPAARGAREN, CAROLYN 70429 07/19/01 004247 STERICYCLE INC 70430 07/19/01 001546 STRAIGHT LINE GLASS INC 70431 07/19/01 000307 TEMECULA TROPHY COHPANY 70432 07/19/01 002766 THOMAS BROTHERS MAPS 70433 07/19/01 003633 TOLL ROADS, THE 70434 07/19/01 000320 TC)WNE CENTER STATIONERS 70435 07/19/01 001065 U S C M WEST (DEF COMP 70435 07/19/01 001065 U S C M WEST (DEF COMP 70435 07/19/01 001065 U S C M WEST (DEF COMP 70435 07/19/01 001065 U S C M WEST (DEF COMP 70435 07/19/01 001065 U S C M WEST (DEF COMP 70435 07/19/01 001065 U S C M WEST (DEF COMP 70435 07/19/01 001065 U S C M WEST (DEF COMP 70435 07/19/01 001065 U S C M WEST (DEF COMP 70435 07/19/01 001065 U S C M WEST (DEF COMP 70435 07/19/01 001065 U S C M WEST (DEF COMP CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM ACCOUNT DESCRIPTION NUMBER JUL VARIOUS CITY FACILITY MTRS 340-199-702-5240 TEE POOL PEST CONTROL SVCS 190-186-999-5250 REFUND-SUMMER DAY CAMP 190-182-4984 MEDIC SQUAD MED WASTE DISPOSAL 001-171-999-5311 MAINTENANCE FACILITY REPAIR 340-199-702-5212 SPORTS & AWARD TROPHIES 001-150-999-5265 LICENSE AGREEMENT-GIS MAP 001-161-610-5250 TOLL ROAD USAGE FOR RDA 280-199-999-5250 OFFICE SUPPLIES:PW ADMIN 001-164-604-5220 ITEM AMOUNT 25.06 39.00 360.00 54.94 ~.00 61.49 3,225.00 17.00 433.13 001065 DEF COMP 001-2080 10,164.01 001065 DEF COMP 165-2080 101.16 001065 DEF COMP 190-2080 2,028.94 001065 DEF COMP 192-2080 7.50 001065 DEF COMP 193-2080 128.72 001065 DEF COMP 194-2080 44.51 001065 DEF COMP 280-2080 101.16 001065 DEF COMP 300-2080 88.54 001055 DEF COMP 320-2080 1,416.68 001065 DEF COMP 340-2080 171.24 70436 07/19/01 000389 U S C N WEST COBRA) 000389 PT RETIR 001-2160 984.16 70436 07/19/01 000389 U S C M WEST COBRA) 000389 PT RETIR 165-2160 103.90 70436 0~/19/01 000389 U S C M WEST~(OBRA) 000389 PT RETIR 190-2160' 2,538.50 70436 07/19/01 000389 U S C M WEST COBRA) 000389 PT RETIR 193-2160 25.14 70436 07/19/01 000389 U S C M WEST COBRA) 000389 PT RETIR 280-2160 31.32 70436 07/19/01 000389 U S C M WEST COBRA) 000389 PT RETIR 320-2160 57.28 70436 07/19/01 000389 U S C M WEST (OBRA) 000389 PT RETIR 330-2160 58.42 70436 07/19/01 000389 U S C M WEST COBRA) 000389 PT RETIR 340-2160 27.84 POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT POSTAGE METER DEPOSIT 001-100-999-5230 001-110-999-5230 001-120-999-5230 001-162-999-5230 190-180-999-5230 280-199-999-5230 001-140-999-5230 001-150-999-5230 001-161-999-5230 001-164-604-5230 001-171-999-5230 001-111-999-5230 001-100-999-5230 70437 07/19/01 002702 U S POSTAL SERVICE 70437 07/19/01 002702 U S POSTAL SERVICE 70437 07/19/01 002702 U S POSTAL SERVICE 70437 07/19/01 002702 U S POSTAL SERVICE 70437 07/19/01 002702 U S POSTAL SERVICE 70437 07/19/01 002702 U S POSTAL SERVICE 70437 07/19/01 002702 U S POSTAL SERVICE 70437 07/19/01 002702 U S POSTAL SERVICE 70437 07/19/01 002702 U S POSTAL SERVICE 70437 07/19/01 002702 U S POSTAL SERVICE 70437 07/19/01 002702 U S POSTAL SERVICE 70437 07/19/01 002702 U S POSTAL SERVICE 70437 07/19/01 002702 U S POSTAL SERVICE .34 93.55 136.85 38.76 570.74 37.29 350.46 76.77 600.55 422.05 10.06 474.59 .68 PAGE 9 CHECK AMOUNT 869.88 39.00 360.00 54.94 ~.00 61.49 3,225.00 17.00 433.13 14,252.46 3,826.56 VOUCHRE2 . CITY OF TEMECULA PAGE 10 07/19/01 15:08 VOUCHER/CHECK REGISTER FOR ALL PERH~DS VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER HAME 70437 07/19/01 002702 U S POSTAL SERVICE 70437 07/19/01 002702 U S POSTAL SERVICE 70437 07/19/01 002702 U S POSTAL SERVICE 70437 07/19/01 002702 U S POSTAL SERVICE 70437 07/19/01 002702 U S POSTAL SERVICE 70437 07/19/01 002702 U S POSTAL SERVICE 70437 07/19/01 002702 U S POSTAL SERVICE 70437 07/19/01 002702 U S POSTAL SERVICE 70437 07/19/01 002702 U S POSTAL SERVICE 70437 07/19/01 002702 U S POSTAL SERVICE 70437 07/19/01 002702 U S POSTAL SERVICE 70437 07/19/01 002702 U S POSTAL SERVICE 70437 07/19/01 002702 U S POSTAL SERVICE 7043? 07/19/01 002702 U S POSTAL SERVICE ITEM ACCOUNT ITEM CHECK DESCRIPTION NUMBER AMOUNT AMOUNT POSTAGE METER DEPOSIT 001-110-999-5230 POSTAGE METER DEPOSIT 001-120-999-5230 POSTAGE METER DEPOSIT 001-162-999-5230 POSTAGE METER DEPOSIT 190-180-999-5230 POSTAGE METER DEPOSIT 280-199-999-5230 POSTAGE METER DEPOSIT 001-140-999-5230 POSTAGE METER DEPOSIT 001-150-999-5230 POSTAGE METER DEPOSIT 001-161-999-5230 POSTAGE METER DEPOSIT 001-1990 POSTAGE METER DEPOSIT 001-164-604-5230 POSTAGE METER DEPOSIT 320-199-999-5230 POSTAGE METER DEPOSIT 001-171-999-5230 POSTAGE METER DEPOSIT 001-111-999-5230 POSTAGE METER DEPOSIT 190-185-999-5230 96.55 85.14 77.25 556.74 40.09 502.67 89.76 340.52 580.80 61.06 3.52 42.44 345.10 70438 07/19/01 000325 UNITED WAY 000325 UU 001-2120 126.63 70438 07/19/01 000325 UNITED WAY 000325 UW 165-2120 8.75 70438 07/19/01 000325 UNITED WAY 000325 UW 190-2120, 23.02 70438 07/19/01 000325 UNITED WAY 000325 UW 192-2120 .11 70438 07/19/01 000325 UNITED WAY 000325 UW 193-2120 2.20 70438 07/19/01 000325 UNITED WAY 000325 UW 194-2120 .49 70438 07/19/01 000325 UNITED WAY 000325 LR/ 280-2120 2.50 70438 07/19/01 000325 UNITED WAY 000325 UW 320-2120 5.00 70438 07/19/01 000325 UNITED WAY 000325 UW 330-2120 5.00 70438 07/19/01 000325 UNITED WAY 000325 UW 340-2120 .60 70439 07/19/01 VAN DYK, LAPJ~ REFUND-TINY TOTS CREATIVE BEG 190-1~-4982 70440 07/19/01 004261 VERIZON CALIFORNIA 70440 07/19/01 004261 VER[ZON CALIFORNIA 70440 07/19/01 004261 VER[ZON CALIFORNIA 70440 07/19/01 004261 VERIZON CALIFORNIA 70441 07/19/01 003730 WEST COAST ARBORISTB IN WINCHESTER HISTORICAL S ?0442 07/19/01 JUL XXX-O0?3 GENERAL USAGE JUL XXX-1941 PTA CD TTACBD dUL XXX-5072 GENERAL USAGE dUL XXX-~51 FIREWORKS 320-199-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 TREE TRIMMING;VILLAGES/WELLING 193-180-999-5415 "GALLERY TALK"-6/O7/O1-MUSEUM 190-185-999-5250 JUN LEASE DC220 COPIER 330-2800 JUN MNTC/SUPPLIES DC200 COPIER 330-199-999-5217 JUN INTEREST ON DC220 COPIER 330-199-~-5391 70443 07/19/01 000345 XEROX CORPORATION BILLI 70443 07/19/01 000345 XEROX CORPORATION BILLI 70443 07/19/01 000345 XEROX CORPORATION 81LLI 35.00 1,502.71 47.75 5,661.40 186.85 1,624.00 50.00 131.55 76.98 43.85 7,257.12 174.30 35.00 7,398.71 1,624.00 50.00 252.38 TOTAL CHECKS 413,282.95 VOUCHRE2 CITY OF TEMECULA PAGE 9 07/26/01 :1:51 VOUCHER/CHECK REGISTER FOR ALL PERIOOS FUND TITLE 001 GENERAL FUND 165 RDA DEV- LO~/MO0 SET ASIDE 190 COMMUNITY SERVICES DISTRICT 193 TCSD SERVICE LEVEL C 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 380 RDA - DEBT SERVICE TOTAL AMOUNT 182,857.89 7,005.44 51,694.99 7,746.27 129,321.21 6,568.69 5,608.81 9,966.79 3,274.67 286,345.97 690,390.73 VOUCRRE2 CITY OF TEMECULA PAGE 1 07/26/01 11:51 VOUCHER/ORECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK NUMBER CHECK VENDOR VENDOR DATE NUMBER NAME ITEM DESCRIPTION ACCOUNT NUMBER CHECK AMOUNT 10725 70182 70444 07/25/01 07/24/01 07/25/01 003228 U S BANK TRUST NATIONAL 000609 DOUBLETREE HOTEL LONG BEACH AQUARIUM OF RDA TABS DEBT SERVICE PAYMENT HTL:CITIES CF:HP/COMM:7/25-27 TCSD EXCURSZON:15CHILD/ZOADULT 380-1040 190-180-999-5258 190-183-999-5350 286,345.97 1,394.72 342.75 286,345.97 1,394.72 342.75 967241 967241 967241 967241 967241 967241 967241 967241 70448 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 000444 INSTATAX (EDD) 000444 INSTATAX (EDD) 000444 INSTATAX (EDD) 000444 [NSTATAX (EDD) 000444 INSTATAX (EDD) 000444 [NSTATAX (EDD) 000444 [NSTATAX (EDD) 000444 INSTATAX (EDD) 002038 ACT[ON POOL & SPA SUPPL U[ & ETT TAX 06/30/01 U[ & ETT TAX 06/30/01 U[ & ETT TAX 06/30/01 UI & ETT TAX 06/30/01 U[ & ETT TAX 06/30/01 U[ & ETT TAX 06/30/01 U[ & ETT TAX 06/30/01 U[ & ETT TAX 06/30/01 POOL SANITIZING CHEMICALS 001-2350 165-2350 190-2350 193-2350 280-2350 320-2350 330-2350 340-2350 190-186-999-5212 1,16~.91 50.88 1,546.81 26.06 12.68 89.36 99.11 50.20 12.89 3,040.01 12.89 70449 70450 70451 70452 70453 70453 70453 70453 70454 70455 70455 70455 70455 70455 70455 70456 70457 70457 70457 70457 70457 70458 70458 70459 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 003304 ADAMS PJ)VERTIS[NG IRC 003802 ADOLF KIEFER & ASSOC[AT 001538 ALBERT GROVER & ASSOCIA 004582 ALL TOGETHER SEPERATE 0028~7 ALTA LOMA CHARTER LINES 002877 ALTA LOMA CHARTER LINES 002877 ALTA LC}MA CHARTER LINES 002877 ALTA LOMA CHARTER LINES ALVAREZ, CAROLINA 003706 AMBIENT AVL [NO 003706 AMBIENT AVL ]NO 003706 AMBIENT AVL INC 003706 AMBIENT AVL [NC 003706 AMBIENT AVL [NC 003706 AMBIENT AVL [NC 004022 AMERICAN MINI STORAGE, 000101 APPLE ONE, INC. 000101 APPLE ONE, INC. 000101 APPLE ONE, INC. 000101 APPLE ONE, INC. 000101 APPLE ONE, INC. 004561 AUDIO EVOLUTION 004561 AUDIO EVOLUTION BALOER, SARA JUL CHRGS:OLD TWN BILLBOARD LIFEGUARD TANK-TOP RESCUE TUBE JUN SVCS:TRFF SIGNAL TIMING ENTERTAINMENT:SUMMER CONCERT DAY CAMP BUS SVCS:MULLIGAN DAY CAMP BUS SVCS:W[LD ANIMAL DAY CAMP BUS SVCS:SEA WORLD DAY CAMP BUS SVCS:SKATE CITY 280-199-999-5362 190-186-999-5243 001-164-602-5250 190-183-999-5370 190-183-999-5340 190-183-999-5340 190-183-999-5340 190-183-999-5340 REFUND:SECURITY DEPT MS01-1235 190-2900 CRC REPAIR CH 11 BUZZ 2 HRS REPAIR AUDIO LINE AMPHITHEATER CLEAN SOUND BOARD CIRCUITS:CRC OLD TWN AUDIO LINES:RO0 RUN OLD TO~N AUDIO LINES:ROO RUN CRC PWR SUPPLY FOR SOUND BOARD JUL Blll UNIT RENT:STORAGE TEMP HELP W/E 6/23 DICLEMENTE TEMP HELP ~/E 06/23 CRAMER TEMP HELP ~/E 06/23 CRAMER TEMP HELP W/E 7/7 ~YTRYKUS TEMP HELP W/E 07/07 DICLEMENTE PCS HANDS FREE INSTALLATION PC HANDS FREE INSTALLATION REFUND: SUMMER DAY CAMP 190-182-999-5250 190-182-999-5250 190-182-999-5250 001-164-603-5250 001-164-603-5212 190-182-999-5212 320-199-999-5238 190-180-999-5118 190-186-999-5118 190-1990 001-162-999-5118 001-150-999-5118 320-199-999-5215 320-199-999-5215 190-182-4984 1,926.00 52.47 2,000.00 2,550.00 320.80 962.40 1,759.39 320.80 100.00 90.00 45.00 360.00 90.00 45.00 265.00 124.00 312.00 808.19 333.86 457.60 249.60 94.00 94.00 145.00 1,926.00 52.47 2,000.00 2,550.00 3,363.39 100.00 895.00 124.00 2,161.25 188.00 145.00 VOUCNRE2 CITY OF TEMECULA PAGE 2 07/26/01 11:51 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM HUMBER DATE NUMBER NAME DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 70460 07/26/01 003466 BASKET & BALLOONS TO0! SCHL RESOURCE WINE GLASSES 70460 07/26/01 003466 BASKET & BALLOONS TO0! SALES TAX 001-111-999-5270 001-111-999-5270 300.00 22.50 322.50 70461 07/26/01 002541 BECKER CONSTRUCTION SRV 70462 07/26/01 003817 BLUE RIDGE MEDICAL 70462 07/26/01 003817 BLUE RIDGE MEDICAL REPAIR RETAINING WALL SOLANA g PARAMEDIC SQUAD SUPPLIES:FIRE PARAMEDIC SQUAD SUPPLIES:FIRE 001-164-601-5401 001-171-999-5311 001-171-999-5311 3,620.00 242.11 129.00 3,620.00 371.11 70465 07/26/01 004513 BROCK ENTERPRISES, INC. SWIM LESSONS TEACHING PLATFORM 70465 07/26/01 004513 BROCK ENTERPRISES, INC. FREIGHT 70464 07/26/01 BROWN, STEVE 70465 0~/26/01 004225 BURL SLONE COUNTRY MUSI 70465 07/26/01 004225 BURL SLONE COUNTRY MUSl 70465 07/26/01 004225 BURL SLONE COUNTRY MUSI 70466 07/26/01 000486 CALIF MUNICIPAL BUSINES 70467 07/26/01 004093 CARDIO CARE PLUS 70468 07/26/01 002534 CATERERS CAFE 70468 07/26/01 002534 CATERERS CAFE 70469 07/26/01 001555 CHRISTOPHERSON FIRE PRO 70470 07/26/01 001193 COMP U S A INC 70470 07/26/01 001193 COMP U S A INC 70470 07/26/01 001193 COMP U S A IRC 70470 07/26/01 001193 COMP U S A IRC 70471 07/26/01 000442 COMPUTER ALERT SYSTEMS 70471 07/26/01 000442 COMPUTER ALERT SYSTEMS 70471 07/26/01 000442 COMPUTER ALERT SYSTEMS 70471 07/26/01 000442 COMPUTER ALERT SYSTEMS 70471 07/26/01 000442 COMPUTER ALERT SYSTEMS 70471 07/26/01 000442 COMPUTER ALERT SYSTEMS 70471 07/26/01 000442 COMPUTER ALERT SYSTEMS 70471 07/26/01 000442 COMPUTER ALERT SYSTEMS 70471 07/26/01 000442 COMPUTER ALERT SYSTEMS 70472 07/26/01 001923 CONVERSE CONSULTANTS 70473 07/26/01 001014 COUNTRY SIGNS & DESIGNS 704~ 07/26/01 001014 COUNTRY SIGNS & DESIGNS 70474 07/26/01 002631 COUNTS UNLIMITED INC 70475 07/26/01 CRAWFORD, THERESE 70476 07/26/01 CROSLEY, DONNA REIMB:INTERVIEW PANEL REFSHMNT ENTERTAINMENT:7/13 ST PAINTING ENTERTAINMENT:7/20 ST PAINTING ENTERTAINMENT:7/6 ST PAINTING ANNUAL CF:lO/24'26:SMITH,Z. TCSO INSTRUCTOR EARNINGS REFSHMENTS:EE LUNCHON 7/12 ADDTL SUPPLIES:EE LUNCHON CRC-SEMIANNUAL FIRE TESTING MISC COMPUTER SUPPLIES:INF SYS CREDIT:RETURNED ITEM:INF SYS SOFTWARE TRAIN:VARIOUS TOPICS MISC COMPUTER EQUIP:INF SYS JUL/AUG/SEPT:ALARM SVCS:C.RALL JUL/AUG/SEPT:ALARM SVCS:MNTC F JUL/AUG/SEPT:ALARM SVCS:6TH ST JUL/AUG/SEPT:ALARM SVC:MUSEUM JUL/AUG/SEPT:ALARM SVCS:CHAPEL dUL/AUG/SEPT:ALARM SVCS:SR CTR JUL/AUG/SEPT:ALARM SVCS:CRC dUL/AUG/SEPT:ALARM SVCS:CHILD dUL/AUG/SEPT:ALARM SVCS:SIC~TE MAY GEOTECH SVC:MNTC FAC PH I[ FAC IMPR PGRM:JAMES JEWELERS PERMIT FEES & TAX JUN PROF SVCS:TRFF COUNT DATA REFUND:SWIM LESSONS LEVEL 1 REFUND:MUSIC-INSTANT PIANO 190-186-999-5610 190-186-999-5610 001-161-999-5260 280-199-999-5362 280-199-999-5362 280-199-999-5362 001-140-999-5261 190-183-999-5530 001-150-999-5265 001-150-999-5265 190-182-999-5250 320-199-999-5242 320-199-999-5242 320-!99-999-5261 320-199-999-5242 340-199-701-5250 340-199-702-5250 001-164-603-5250 190-185-999-5250 190-185-999-5250 190-181-999-5250 190-182-999-5250 190-188-999-5250 190-180-999-5250 210-190-158-5801 280-199-813-5804 280-199-813-5804 001-164-602-5250 190-186-4970 190-18~-4982 1,669.00 174.00 62.54 50.00 50.00 50.00 150.00 326.40 1,500.00 510.25 65.00 562.64 42.99- 1,550.00 697.12 210.00 135.00 75.00 135.00 111.00 135.00 246.00 246.00 75.00 1,113.50 486.~5 93.26 56.00 25.00 50.00 1,843.00 62.54 150.00 150.00 326.40 2,010,25 65.00 2,566.77 1,368.00 1,115.50 580.01 56.00 25.00 50.00 VOUCHRE2 07/26/01 VOUCHER/ CHECK NUMBER 7O477 7O478 70479 70480 70480 70480 70481 70482 70483 7O484 70484 70484 704,8/+ 70485 70485 70486 70486 70487 70487 70487 70488 70489 70489 70490 70491 70492 70493 70494 70495 70496 70496 11:51 CHECK DATE 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR VENDOR NUMBER NAME DENTOII, RONNA DESCHEPPER, KELLY 002954 DIAMOND GARAGE 001380 E S I EMPLOYMENT SERVIC 001380 E S I EMPLOYMENT SERVIC 001380 E S I EMPLOYMENT SERVIC 003171 EMPIRE ECONOMICS LLC EPIC HANAGEMENT~ LP 002037 EXPANETS 000478 FAST SIGNS 000478 FAST SIGNS 000478 FAST SIGNS 000478 FAST SIGNS 000165 FEDERAL EXPRESS 000165 FEDERAL EXPRESS FETTY, HELEN FETTY, HELEN 000166 FIRST AMERICAN TITLE CO ITEM DESCRIPTION REFUND:SECURITY DEPT MS01-0171 REFUND:TENNIS-TENNIS CAMP TEEN RES[D IMPR PRGM: GORDOR~JOSEPR TEMP HELP W/E 07/13 EBON TEMP HELP W/E 07/13 OBMANN TEMP HELP W/E 07/13 HEER MKT ANALYSIS:HARVESTON CFD REFUND:SECURITY DEPT MS01-0916 PHONE MHTC & REPAIRS:CITY HALL COLODPLAST HEADERS:CITY BOOTH SALES TAX VlP AUTO SIGNS:JUL 4TH EVENT CITY HALL ELEVATOR SIGNS EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES REFUND: ROOH REHTAL REFUND:SECURITY DEPT NS01-1876 LOT BOOK REPT: MUNOZ 000166 FIRST AMERICAN TITLE CO LOT BOOK REPT: MURPHY 000166 FIRST AMERICAN TITLE CO LOT BOOK REPT: BELL 001135 004243 004243 002528 004159 000711 000520 004053 FIRST CARE INDUSTRIAL M PRE-EMPLOYMENT PHYSICALS GHERARDI, LUCIAMO GHERARDI, LUCIAMO GLASS BLASTERS GOLLOGLY, dOHN GOODENOUGH, OONRA ENTERTAINMENT:7/13 SUMMER NGTS ENTERTAINMENT:7/20 SUMMER NGTS CITY MUGS FOR NEW HIRES REIMB:SISTER CITY EXCHG PRGM TCSD INSTRUCTOR EARNINGS GRAPHICS UNLIMITED LITH RE-CREATE S.M.A.R.T. LOGO H 0 L COREH & CONE INC HABITAT WEST INC HACKBARTR CO. HACKBARTH CO. CAFR STATISTICAL SECTION PKG MAY/JUN/JUL SVC:PALA BRDG MRTC REFD:TEMP USE PERMIT:PA01-0325 REFD:TEMP USE PERMIT:PA01-0325 ACCOUNT HUMBER 190-2900 190-183-4982 165-199-813-5804 340-199-701-5118 001-171-999-5118 001-162-999-5118 001-2643 190-2900 320-199-999-5215 190-183-999-5370 190-183-999-5370 190-18~-999-5370 340-199-701-5212 001-165-999-5230 001-162-999-5230 190-182-4990 190-2900 165-199-999-5250 165-199-999-5250 165-199-999-5250 001-150-999-5250 280-199-999-5362 280-199-999-5362 001-150-999-5265 001-170-999-5261 190-183-999-5330 190-183-999-5372 001-140-999-5248 210-1990 001-161-4125 001-163-43~ ITEM AMOUNT 100.00 85.00 720.00 1,194.40 1,330.70 2,286.40 4,000.00 100.00 96.00 327.25 24.54 277.35 32.25 21.24 50.63 122.00 100.00 150.00 150.00 150.00 703.00 250.00 250.00 32.25 85.17 84.00 198.88 200.00 2,025.00 176.00 14.00 PAGE 3 CHECK AMOUNT 100.00 85.0O 720.00 4,811.50 4,000.00 100.00 96.00 ~1.39 71.87 222.00 450.00 703.00 500.00 32.25 85.17 84.00 198.88 200.00 2,025.00 190.00 VOUCHRE2 07/26/01 11:51 VOUCHER/ CHECK CHECK NUMBER DATE 70497 07/26/01 70498 07/26/01 70499 07/26/01 70500 07/26/01 70501 07/26/01 70502 07/26/01 70503 07/26/01 70503 07/26/01 70504 07/26/01 70504 07/26/01 70505 07/26/01 70505 07/26/01 70506 07/26/01 70507 07/26/01 70508 07/26/01 70509 07/26/01 70510 07/26/01 70511 07/26/01 70512 07/26/01 70513 07/26/01 70514 07/26/01 70514 07/26/01 70514 07/26/01 70514 07/26/01 70514 07/26/01 70514 07/26/01 70514 07/26/01 70514 07/26/01 70514 07/26/01 70515 07/26/01 70515 07/26/01 70515 07/26/01 70515 07/26/01 VENDOR VENDOR NUMBER NAME 004242 HARMONY ARTISTS IRC 003106 HERITAGE SECURITY SERVI HERRERA, PETER 003198 HOME DEPOTt THE HUXFORDt REX D. 001314 I E S - A P A 001407 INTER VALLEY POOL SUPPL 001407 INTER VALLEY POOL SUPPL 002140 JAGUAR COMPUTER SYSTEMS 002140 JAGUAR COMPUTER SYSTEMS 003280 dON LASKIN BAND 003280 JON LASKIN BAND 001667 KELLY TEMPORARY SERVICE 000205 KIDS PARTIES ETC 000206 KINKOS INC 000548 KIPL[NGER CALIFORNIA LE 001282 KNORR SYSTEMS INC KRUEGER, OANIEL 004412 LEANDER, KERRY D.' LENNAR C~UN1TY SOUTHE 004499 LESL[ES POOL SUPPLY 004499 LESLIES POOL SUPPLY 004499 LESLIES POOL SUPPLY 004499 LESLIES POOL SUPPLY 004499 LESLIES POOL SUPPLY 004499 LESLIES POOL SUPPLY 004499 LESLIES POOL SUPPLY 004499 LESLIES POOL SUPPLY 004499 LESLIES POOL SUPPLY 004141 MAINTEX INC 004141 HA]NTEX IHt 004141 NAINTEX JNC 004141 MAINTEX INC CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION ENTERTAINMENT:7/20 SUMMER NGTS SECURITY SVC FOR JUL 4TH EVENT REIMB:SISTER CITY EXCHG PRGM RESID IMPR PROM: MUNOZ~M. REFUND:TENNIS CAMP FOR TEEN GRADING 101WKSHP:BS/CM:8/1/01 POOL SANITIZING CHEMICALS POOL SANITIZING CHEMICALS APR/MRY/JUN E-MAIL SVCS NETWORK CLIENT SERVICES ENTERTAINMENT:7/13 SUMMER NGTS ENTERTAINMENT:7/6 SUMMER NGTS TEMP HELP W/E 06/29 DANIELS ENTERTAINMENT:VAIL ANNEX EVENT STATIONERY PAPER/NISC SUPPLIES RENEWAL:12 MONTHS CAL LETTER MISC POOL SUPPLIES - CRC REFUND:GRADING DEPT LDOO-IOgGR TCSD INSTRUCTOR EARNINGS REFUND:OVRPAIO FEES LD01-043C0 SHORT LIFEGUARD CHAIR PORTABLE ELECTRIC PACE CLOCK NO DIVING SIGNS POOL CAPACITY SIGNS POOL RULES FOR TES CPR SIGN FOR TES EMERGENCY PNONE NUMBERS SALES TAX SALES TAX VAR PARN SITES CUSTODIAL SUPPL SR CTR CUSTODIAL SUPPLIES T.V. MUSEUM CUSTODIAL SUPPLIES MAINT FAC CUSTODIAL SUPPLIES ACCOUNT NUMBER 280-199-999-5362 190-180-999-5250 001-170-999-5261 165-199-813-5804 190-183-4982 190-180-999-5261 190-186-999-5250 190-186-999-5250 320-199-999-5211 320-199-999-5248 280-199-999-5362 280-199-999-5362 001-161-999-5118 190-18~-999-5370 190-180-999-5250 001-140-999-5228 190-186-999-5212 001-2670 190-183-9~-5330 001-163-4380 190-186-999-5610 190-186-999-5301 190-186-999-5301 190-186-999-5301 190-186-999-5301 190-186-999-5301 190-186-999-5301 190-186-999-5610 190-186-999-5301 190-180-999-5212 190-181-999-5212 190-185-999-5212 340-199-702-5212 ITEM AMOUNT 600.00 1,690.21 107.55 671.50 85.00 160.00 285.41 285.41 300.00 626.02 100.00 250.00 532.00 545.00 13.71 73.00 25.57 2,000.00 396.00 25.00 1,191.14 288.99 9.48 14.22 11.38 11.38 14.22 89.34 26.22 173.68 211.22 154.45 115.35 PAGE 4 CHECK AMOUNT 600.00 1,690.21 107.55 671.50 85.00 160.00 570.82 926.02 350,00 532.00 545.00 13.71 25.57 2,000.00 396.00 25.00 1,656.37 VOUCHRE2 07/26/01 11:51 VOUCHER/ CHECK CHECK NUMBER DATE 70515 07/26/01 70516 07/26/01 70517 07/26/01 70517 07/26/01 70517 07/26/01 70518 07/26/01 70519 07/26/01 70520 07/26/01 70520 07/26/01 7O521 07/26/01 70522 07/26/01 70523 07/26/01 70524 07/26/01 70524 07/26/01 70524 07/26/01 70524 07/26/01 70525 07/26/01 70526 07/26/01 70527 07/26/01 70527 07/26/01 70527 07/26/01 70527 07/26/01 70527 07/26/01 70527 07/26/01 70527 07/26/01 70528 07/26/01 70529 07/26/01 70529 07/26/01 70529 07/26/01 70530 07/26/01 70531 07/26/01 70531 07/26/01 70532 07/26/01 70532 07/26/01 VENDOR VERDOR NUMBER NAME 004141 MA[NTEX [NC 002693 MATROS, ANDREA 000220 MAUR[CE PRINTERS [NC 000220 MAURICE PRINTERS INC 000220 MAURICE PRINTERS INC MEDERIOSt MICHELLE 003448 MELOOYS AD WORKS 004208 MILANOS 004208 MILANOS 001384 MINUTEMAN PRESS 004172 RATIORAL CORSTRUCT[ON R 000915 NATIONAL NOTARY ASSOCIA 002139 NORTH COUNTY TIMES- ATT 002159 NORTH COUNTY TIMES- ATT 002139 NORTH COUNTY TIMES- ATT 002139 NORTH COUNTY TIMES- ATT 004152 O~MALLEY ENGINEERING CO 003964 OFFICE DEPOT BUS[NESS S 002105 OLO TOWR TIRE & SERVICE 002105 OLO TONH TIRE & SERVICE 002105 OLD TOWN TIRE & SERVICE 002105 OLD TOWN TIRE & SERVICE 002105 OLD TOWN TIRE & SERVICE 002105 OLD TOWN TIRE & SERVICE 002105 OLD TOWN TIRE & SERVICE 004491 OLD TYME FOLK 003762 P M X MEDICAL SPECIALTY 003762 P M X MEDICAL SPECIALTY 003762 P M X MEDICAL SPECIALTY 003253 PACIFIC TECNRICAL SERVI 000733 PARTY PZAZZ 0007~3 PARTY PZAZZ 000247 PESTMASTER 000247 PESTMASTER CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION TCC CUSTODIAL SUPPLIES TCSD INSTRUCTOR EARNINGS BLANK STOCK FOR BUDGET/CIP DOC BLANK STOCK FOR BUDGET/CIP DOC SALES TAX REIMB:SISTER CITY PRGM:HOLLAND CONSULTING SVCS:SUMMER NIGHTS ACCOUNT NUMBER 190-184-999-5212 190-183-999-5330 001-140-999-5222 001-140-~99-5222 001-140-999-5222 001'170-999-5261 280'199-999-5362 REFRSHMNTS:DEV.AGRMNT MTG:6/18 001-161'999-5260 REFRESHMNTS:COUNC[L WKSHP:7/17 001-100-999-5260 BUSINESS CARDS:McCOY/HARRIS 001-161-999-5222 RENTALS FOR 4TH OF JULY EVENTS 190-183-999-5370 5 YEAR MEMBERSHIP:M.COHEE 001-120-999-5226 RECRUIT AD:PRJT 8LDG INSPECTOR 001-150-999-5254 RECRUIT AD:MUSEUM SPECIALIST 001-150-999-5254 RECRUIT AD:ASST TRAFFIC ENG. 001-150-999-5254 JUR OISPLAY ADS:VAR CIP UPDATE 001-165-999-5256 EXTRA WORK:MARG RD WIDENING 210-165-706-5804 OFFICE SUPPLIES FOR PLANNING 001-161-999-5220 CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAIRT CITY VEHICLE REPAIRS & MAINT 001-164-601-5214 001-164-601-5214 190-180-999-5214 001-162-999-5214 001-162-999-5214 190-180-999-5214 190-180-999-5214 ENTERTAINMENT:SUMMER NIGHT:7/6 280-199-999-5562 PARAMEDIC SQUAD SUPPLIES PARAHEDIC SQUAD SUPPLIES PARAMEDIC SQUAD SUPPLIES 001-171-999-5311 001-171-999-5311 001-171-999-5311 IRRIGATION EQUIP:R.C.SPRTS PRK 190-180-999-5610 RENTAL EQUIP:V.R.ANNEX.:7/1/01 190-185-999-5370 RENTAL EQUIP FOR 4TH OF JULY 190-183-999-5570 RIGHT-OF-WAY WEED SPRAYING RIGHT-OF-WAY UEED SPRAYING 001-164-601-5402 001-164-601-5402 ITEM AMOUNT 115.35 326.40 37.65 464.35 37.65 85.17 2,000.00 91.25 187.50 82.24 1,376.30 154.00 82.50 82.50 82.50 533.80 1,240.00 490.57 74.55 81.45 19.15 193.14 19.15 237.51 12.00 100.00 803.98 297.81 1,731.32 9,436.35 1,175.60 916.20 2,531.00 954.00 PAGE 5 CHECK AMOUNT 770.03 326.40 539.65 85.17 2,000.00 278.75 82.24 1,376.30 154.00 781.30 1,240.00 490.57 636.95 100.00 2,833.11 9,436.35 2,091,80 VOUCHRE2 07/26/01 11:51 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS PACE 6 VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER . NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 70533 07/26/01 000249 PETTY CASH 70533 07/26/01 000249 PETTY CASH 70533 07/26/01 000249 PETTY CASH 70533 07/26/01 000249 PETTY CASH 70533 07/26/01 000249 PETTY CASH 70533 07/26/01 000249 PETTY CASH 70533 07/26/01 000249 PETTY CASH 70533 07/26/01 000249 PETTY CASH 70533 07/26/01 000249 PETTY CASH 70533 07/26/01 000249 PETTY CASH PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMSURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT 001-150-999-5265 001-150-999-5265 001-100-999-5260 001-100-999-5260 190-183-999-5320 001-161-610-5258 190-18~-999-5340 001-110-999-5220 001-150-999-5261 190-183-999-5370 50.00 57.93 5.99 3.59 23.28 14.00 25.00 6.98 40.56 1.90 229.23 70534 07/26/01 0027/6 PRIME MATRIX INC 70534 07/26/01 0027/6 PRIME MATRIX INC JUN CELLULAR SVCS:SR VAN JUN CELLULAR SVCS:CITY VAN 190-180-999-5208 190-180-999-5208 39.91 28.44 68.35 70535 70536 70537 07/26/01 004576 PRIMEDIA WORKPLACE LEAR 07/26/01 003697 PROJECT DESIGN CONSULTA 07/26/01 PUBLIC UTILITIES COMMIS PULSE MO VIDEO SUBSC:6/01-7/02 001-171o999-5228 5/28-6/30 DSGN SVCS:MURR CREEK 210-165-602-5802 REFUNO:SEC.DEPOSIT:MS01-1758 190-2900 1,059.95 4,617.16 100.00 1,059.95 4,617.16 100.00 70538 70538 70538 70539 70540 70540 70541 07/26/01 004318 R J BULLARD CONSTRUCTIO 07/26/01 004318 R J 8ULLARD CONSTRUCTIO 07/26/01 004318 R d BULLARD CONSTRUCTIO 07/26/01 002612 RADIO SHACK INC 07/26/01 000262 RANCHO CALIF WATER DIST 07/26/01 000262 RANCHO CALIF WATER DIST 07/26/01 000947 RANCHO REPROGRAPHICS PRGS PMT#4:PALA RD SOUNDWALL 210-165-631-5804 REISS-PRGS PMTffS:PALA SOUNDWAL 210-165-631-5804 REISS-RET W/H PMT~rS:PALA SNOWL 210-2035 MISC COMPUTER SUPPLIES 320-199-999-5221 VARIOUS WATER METERS VARIOUS WATER METERS 190-180-999-5240 193-180-999-5240 DUP BLUEPRINTS:VAIL RANCH PHIl 001-162-999-5222 2,168.00 85,710.34 8,571.03- 174.09 1,568.32 7,720.21 74.01 ~,307.31 174.09 9,288.53 74.01 7O542 70543 70544 70544 70545 70546 70547 70548 70549 70550 70551 07/26/01 004506 RAZZBERRY BLUES 07/26/01 003710 RIVERA, FRED 07/26/01 000357 RIVERSIDE CO TRANSPORTA 07/26/01 000357 RIVERSIDE CO TRANSPORTA 07/26/01 RUSH, RICK 07/26/01 00027/ S & S ARTS & CRAFTS 07/26/01 004528 SAN DIEGO BANdO BAND 07/26/01 004562 SCHIRMER ENGINEERING CO 07/26/01 002864 SEA WORLD OF CALIFORNIA 07/26/01 003297 SKATE CITY 07/26/01 000645 SMART & FINAL INC ENTERTAINMENT:DIXIELAND:5/12 280-199-999-5362 ENTERTAINMENT FOR 4TR OF JULY 190-183-999-5370 APR-JUN TRF SGNL/LIGHT MNTC SV 001-164-602-5405 APR-JUN TRF SGNL/LIGHT MNTC SV 001-1~0 MILEAGE REIMB:1/15-6/21/01 CRC CRAFT SUPPLIES ENTERTAINMNT:SUMMER NIGHTS:7/6 dUN PLAN CHECK/INSPECTION SVCS DAY CAMP EXCURSION:7/12/01 DAY CAMp EXCURSION 7/05/01 S~RT PRGM RECREATION SUPPLIES 001-161-999-5262 190-182-999-5301 280-199-999-5362 001-171-999-5250 190-183-999-5340 190-183-999-5340 190-183-999-5572 100.00 200.00 13,158.18 7,562.82 52.7/ 10.74 250.00 4,200.00 2,625.00 332.00 ?3.07 100.00 200.00 20,721.00 52.7/ 10.74 250.00 4,200.00 2,625.00 332.00 VOUCHRE2 CITY OF TEMECULA PAGE 7 07/26/01 11:51 VOUCNER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CNECK NUMBER 70551 70551 70551 70551 70551 70551 70551 CHECK VENDOR VENDOR DATE NUMBER NAHE 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 000645 SMART & FINAL INC 000645 SMART & FINAL INC 000645 SMART & FINAL INC 000645 SMART & FINAL INC 000645 SMART & FINAL INC 000645 SMART & FINAL INC 000645 SMART & FINAL ITEM DESCRIPTION SMART PRGM RECREATION SUPPLIES SMART PRGM RECREATION SUPPLIES SMART PRGM RECREATION SUPPLIES SMART PROM RECREATION SUPPLIES SMART PRGM RECREATION SUPPLIES OFFICE SUPPLIES FOR FINANCE HIGH MOPES PRGN AEC SUPPLIES ACCOUNT ITEM CHECK NUMBER AMOUNT AMOUNT 190-183-999-5372 17.50 190-183-999-5372 20.25 190-183-999-5372 99.63 190-183-999-5372 12.36 190-183-999-5372 97.83 001-140-999-5220 26.55 190-183-999-53T3 34.33 381.52 70552 70552 70552 70552 70553 70554 70555 70556 70557 70558 70558 70559 70559 70560 70560 70561 70561 70562 70563 70564 70564 70565 70566 70567 70567 70568 07/26/01 o~/26/Ol 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 000537 SO CAI. IF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CAI. IF EDISON 000537 SO CALIF EDISON SOCIETY FOR HUMAN RESOU SORENSEN, PAULA 001546 STRAIGHT LINE GLASS INC 000574 SUPERTONER 004456 T & M CONSTRUCTION 004456 T & M CONSTRUCTION 003828 TANGRAM INTERIORS 003828 TANGRAM INTERIORS 000305 TARGET STORE 000305 TARGET STORE 004541 TEMECULA RADIATOR/AUTO 003960 TEMECULA SECURITY FENCI 003140 TEMECULA VALLEY TAEK~ON 003140 TEMECULA VALLEY TAEIG~ON 000919 TEMECULA VALLEY UNIFIED 001483 TOM DODSON & ASSOCIATES 004244 TRUGREEN LAND CARE 004244 TRUGREEN LAND CARE U.S. BANK JUL 2-21-518-0340 H~Y 79 JUL 2-21-981-4720 HWY ~9 JUL 2-21-560-5874 MARGARITA JUN 2-19-999-9442 VARIOUS MTRS G7893 ?7-2000-04255 YNEZ RD MEMBERSHIP:IO/O1-9/30/O2:BG/DL REFUNO:TODDLER SWIM LESSONS RES IMPRV PROM: SWALWELL dUL/AUG PRINTER MAINT SVCS PRGS PMT~rS:MAINT FAC:PWO0-16 RET.W/H PMT ~rS:MAINT FAC:O0-16 REFUNO:INDOOR RENTAL REFUND:SEC.DEPOSIT:MS01-1255 PEDESTAL FILES:GILLILANO/ZIGLE LATERAL FILE-TCSD MAINT.OFFICE SMART PRGM RECREATION SUPPLIES SMART PRGM RECREATION SUPPLIES REPLACE TRANSMISSION:MEDIC SQ. RES IMPRV PRGM: SCHAPEL TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS FIELD RENTAL:V.R.ANNEX:7/01/01 JUN CONSULT SVC:MURRIETA CREEK JUN PRG PMT:O.T,SO.SIDE PK LOT RET.W/H PMT:O.T.SO.SIDE PK LOT REISS CK#70082:HWY 79S TRVL LN 190-180-999-5319 44.18 210-1990 63.83 190-180-999-5319 50.51 190-1990 933.58 1,092.10 190-180-999-5319 7,365.46 7,365.66 001-150-999-5226 320.00 320.00 190-186-4970 25.00 25.00 165-199-813-5804 138.06 138.06 320-199-999-5215 1,174.6~ 1,174.64 210-190-158-5804 44,404.90 210-2035 4,440.49- 39,964.41 190-182-4990 62.75 190-2900 100.00 162.75 190-1990 796.58 340-1990 1,537.47 2,334.05 190-18~-999-5372 39.70 190-183-999-5372 4.48 44.18 001-171-999-5214 3,340.74 3,340.74 165-199-813-5804 4,975.00 4,975.00 190-183-999-5330 124.80 190-18~-999-5330 218.40 343.20 190-183-999-5370 227.50 227.50 210-165-707-5801 180.00 180.00 210-165-828-5804 900.00 210-2035 90.00- 810.00 001-2030 121,000.00 121,000.00 VOUCHRE2 CITY OF TEMECULA PAGE 8 07/26/01 11:51 VOUCHER/CHECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK NUMBER 70569 70570 70570 70571 70572 7057~ 70574 ~574 ~574 70575 70575 70575 70575 70575 70575 70575 7O575 70575 70575 70575 70575 70575 CHECK DATE 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 0~/26/01 07/26/01 07/26/01 07/26/01 07/26/01 07/26/01 VENDOR NUMBER 004504 004261 004261 VENDOR NAME VAIL RANCH SELF STORAGE VERIZON CALIFORNIA VERIZON CALIFORNIA VISTA TICKETING WALMART 000339 WEST PUBLISHING COMPANY WOODSIDE HOHE/CHANTEMAR ~OODSIDE HOHE/CHANTEMAR NOODSIDE HOME/CHANTEHAR 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILL[ 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION DILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI ITEM DESCRIPTION JUL AUDIO/VIDEO TAPE STORAGE JUL XXX-O074 GENERAL USAGE JUL XXX-3564 ALARM TKTS:BOWER MUS. EXCURSION:9/11 WALK]E TALKIES FOR EXPLORERS CITY HALL LEGAL PUBLICATIONS REFUND:BLDG PERMIT:801-126~ REFUND:BLDG PERMIT:B01-126~ REFUND:BLDG PERMIT:B01-126~ JUN BASE CHARGE:5830 COPIER SALES TAX MAY LEASE 2 460 COPIERS MAY LEASE 240/460 COPIERS MAY INTEREST - 240/460 COPIERS MAY POOLED MAINT SUPPLIES MAY POOLED MAINT SUPPLIES MAY LEASE 420 COPIER @ TCC MAY POOLED MAINT SUPPLIES MAY LEASE 5800 COPIER MAY MAINT/SUPPLIES 5800 COPIER MAY LEASE 420 COPIER ~ STN 84 SALES TAX ACCOUNT NUMBER 001-120-999-5277 320-199-999-5208 320-199-999-5208 190-183-999-5350 001-171-999-5235 001-120-999-5228 001-162-4200 001-162-4285 001-2290 330-199-999-5217 330-199-999-5217 330-2800 330-2800 330-199-999-5391 330-199-999-5217 330-199-999-5217 190-184-999-5239 330-199-999-5217 330-2800 330-199-999-5391 001-171-999-5239 001-171-999-5239 ITEM AHOUNT 57.00 221.78 48.15 472.50 64.44 94.60 4.60 29.33 .70 80.00 .30 1,003.40 1,097.60 1,367.48 674.36 2,6~8.73 224.62 614.34 1,812.27 569.20 208.02 15.60 CHECK AMOUNT 57.00 269.93 472.50 64.44 94.60 34.63 10,315.92 TOTAL CHECKS 690,390.73 VOUCHRE2 CITY OF TEMECULA PAGE 17 08/02/01 11:36 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOt~/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SEEVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL iMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY- CIP 300 INSURANCE FUND 310 VEHICLES FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES TOTAL AMOUNT 209,873.35 9,643.55 62,619.96 46.30 2,301.76 420.38 222,013.18 160,036.18 1,111.94 29,08~.85 11,048.71 10,287.48 14,273.84 7~2,761.48~// VOUCHRE2 CITY OF TEMECULA PAGE 1 08/02/01 11:36 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAHE 15774 08/02/01 000246 PERS 15774 08/02/01 000246 PEAS 15774 08/02/01 000246 PERS 15774 08/02/01 000246 PERS 15774 08/02/01 000246 PERS 15774 08/02/01 000246 PERS 15774 08/02/01 000246 PERS 15774 08/02/01 000246 PERS 15774 08/02/01 000246 PEAS 15774 08/02/01 000246 PERS 15774 08/02/01 000246 PEAS 15774 08/02/01 000246 PERS 15774 08/02/01 000246 PERS 15774 08/02/01 000246 PERS 15774 08/02/01 000246 PERS 15774 08/02/01 000246 PEBS 15774 08/02/01 000246 PERS 15774 08/02/01 000246 PERS 15774 08/02/01 000246 PEAS 15774 08/02/01 000246 PERS 15774 08/02/01 000246 PERS 15774 08/02/01 000246 PERS 15774 08/02/01 000246 PERS 15774 08/02/01 000246 PERS 15854 08/02/01 000245 PERS 15854 08/02/01 000245 PERS 15854 08/02/01 000245 PEAS 15854 08/02/01 000245 PERS 15854 08/02/01 000245 PERS 15854 08/02/01 000245 PERS 15854 08/02/01 000245 RERS 15854 08/02/01 000245 PERS 15854 08/02/01 000245 PERS 15054 08/02/01 000245 PERS 15854 08/02/01 000245 PERS 15854 08/02/01 000245 PEBS 15854 08/02/01 000245 PERS 15854 08/02/01 000245 PERS 15854 08/02/01 000245 PERS 15854 08/02/01 000245 PERS 15854 08/02/01 000245 PERS 15854 08/02/01 000245 PEBS 15854 08/02/01 000245 PRES 15854 08/02/01 000245 PERS 15054 08/02/01 000245 PEAS 15854 08/02/01 000245 PERS 15854 08/02/01 000245 PERS 15854 08/02/01 000245 PERS 15854 08/02/01 000245 PEBS 15854 08/02/01 000245 PEAS ITEM DESCRIPTION EMPLOYEES' RETIRE 000246 PERS RET EMPLOYEES~ RETIRE 000246 PERS RET EMPLOYEES~ RETIRE 000246 PERS RET EMPLOYEES~ RETIRE 000246 PEAS RET EMPLOYEES~ RETIRE 000246 PERS RET EMPLOYEES~ RETIRE 000246 PERS RET EMPLOYEES' RETIRE 000246 PERS RET EMPLOYEES' RETIRE 000246 PEAS RET EMPLOYEES' RETIRE 000246 PERS RET EMPLOYEES~ RETIRE 000246 PEAS RET EMPLOYEES~ RETIRE 000246 PEAS RET EMPLOYEES~ RETIRE 000246 PEAS RET EMPLOYEES~ RETIRE 000246 PEAS-PRE EMPLOYEES~ RETIRE 000246 SURVIVOR EMPLOYEES~ RETIRE 000246 SURVIVOR EMPLOYEES~ RETIRE 000246 SURVIVOR EMPLOYEES~ RETIRE 000246 SURVIVOR EMPLOYEES~ RETIRE 000246 SURVIVOR EMPLOYEES~ RETIRE 000246 SURVIVOR EMPLOYEES' RETIRE 000246 SURVIVOR EMPLOYEESf RETIRE 000246 SURVIVOR EMPLOYEES~ RETIRE 000246 SURVIVOR EMPLOYEES~ RETIRE 000246 SURVIVOR EMPLOYEES~ RETIRE 000246 SURVIVOR (HEALTH INSUR. PRE 000245 AETNA (HEALTH INSUR. PRE 000245 AETNA (HEALTH INSUR. PRE 000245 AETNA (HEALTH INSUR. PRE 000245 AETNA (HEALTH [NSUR. PRE 000245 AETNA (HEALTH INSUR. PRE 000245 AETNA (HEALTH INSUR. PRE 000245 BLSHIELD (HEALTH INSUR. PRE 000245 BLSHIELD (:HEALTH INSUR. PRE 000245 CIGNA (HEALTH INSUR. PRE 000245 HELTHNET (HEALTH INSUR. PRE 000245 HELTHNET (HEALTH INSUR. PRE 000245 NELTHNET (HEALTH INSUR. PRE 000245 HELTHNET (HEALTH INSUR. PRE 000245 HELTHNET HEALTH INSUR. PRE 000245 KAISER HEALTH INSUR. PRE 000245 PA(CARE HEALTH INBUR. PRE 000245 PA(CARE HEALTH INBUR. PRE 000245 PA(CARE HEALTH INSUR. PRE 000245 PA(CARE HEALTH INSUR. PRE 000245 PC HEALTH INSUR. PRE 000245 PERB (HO HEALTH INSUR. PRE 000245 PEAS (HO HEALTH INSUR. PRE 000245 PERS HEALTH INSUR. PRE 000245 PEAS DEO HEALTH INSUR. PRE 000245 PERS-AOM HEALTH INSUR. PRE 000245 UNI ACCOUNT NUMBER 001-2390 165-2390 190-2390 192-2390 193-2390 194-2390 280-2390 300-2390 320-2130 320-2390 330-2390 340-2390 001-2130 001-2390 165-2390 190-2390 192-2390 193-2390 194-2390 280-2390 300-2390 320-2390 330-2390 340-2390 001-2090 165-2090 190-2090 280-2090 330-2090 340-2090 001-2090 190-2090 001-2090 001-2090 190-2090 193-2090 194-2090 340-2090 001-2090 001-2090 190-2090 193-2090 340-2090 001-2090 001-2090 190-2090 280-2090 001-2090 001-2090 001-2090 ITEM AMOUNT 26,592.70 660.17 4,912.00 11.19 401.22 97.76 286.27 139.55 26.51 1,181.04 216.19 626.54 182.91 95.66 1.87 19.06 .05 1.82 .36 .92 .46 3.~2 1.39 2.66 3,042.39 254.63 1,141.99 84.87 97.00 244.07 1,594.12 468.53 555.90 4,806.83 1,438.36 59.18 29.59 768.95 2,847.96 4,638.41 958.01 244.62 144.45 758.00 4,050.97 4.21 1.26 9~7.11 160.80 2,220.14 CHECK AMOUNT 35,462.02 VOUGNRE2 CITY OF TEMECULA PAGE 2 08/02/01 11:36 VOUCHER/CHECK REGISTER FOR ALL PERIOUS VOUCHER/ CNECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 15854 08/02/01 000245 PERS 15854 08/02/01 000245 PERS 15854 08/02/01 000245 PERS 15854 08/02/01 000245 PERS 15854 08/02/01 000245 PENS 15854 08/02/01 000245 PERS 15854 08/02/01 000245 PERS 15854 08/02/01 000245 PERS 15854 08/02/01 000245 PERS 15854 08/02/01 000245 PENS 15854 08/02/01 000245 PENS 15854 08/02/01 000245 PERS 15854 08/02/01 000245 PERS 15854 08/02/01 000245 PENS 15854 08/02/01 000245 PERS 15854 08/02/01 000245 PERS 15854 08/02/01 000245 PER$ 104240 08/02/01 000283 104240 08/02/01 000283 104240 08/02/01 000283 104240 08/02/01 000283 104240 08/02/01 000283 104240 08/02/01 000283 104240 08/02/01 000283 104240 08/02/01 000283 104240 08/02/01 000283 104240 08/02/01 000283 104240 08/02/01 000283 104240 08/02/01 000283 104240 08/02/01 000283 104240 08/02/01 000283 104240 08/02/01 000283 104240 08/02/01 000283 104240 08/02/01 000283 104240 08/02/01 00028~ 104240 08/02/01 000283 104240 08/02/01 000283 104240 08/02/01 000283 104240 08/02/01 000283 104291 08/02/01 000444 104291 08/02/01 000444 104291 08/02/01 000444 104291 08/02/01 000444 104291 08/02/01 000444 104291 08/02/01 000444 104291 08/02/01 000444 104291 08/02/01 000444 104291 08/02/01 000444 104291 08/02/01 000444 ITEM DESCRIPTION HEALTH INSUR. PRE 000245 UNI HEALTH INSUR. PRE 000245 AETNA HEALTH INSUR, PRE 000245 AETNA HEALTH INSUR. PRE 000245 AETNA HEALTH INSUR. PRE 000245 AETNA HEALTH INSUR. PRE 000245 AETNA HEALTH INSUR. PRE 000245 BLSHIELD HEALTH INSUR. PRE 000245 BLSNIELD HEALTH INSUR. PRE 000245 HELTHNET HEALTH INSUR. PRE 000245 HELTHRET HEALTH INSUR. PRE 000245 HELTflNET HEALTH INSUR. PRE 000245 KAISER HEALTH INSUR. PRE 000245 PACCARE HEALTH INSUR. PRE 000245 PACCARE NEALTH IRSUR. PRE 000245 PACCARE HEALTH IRSUR. PRE 000245 PERS CHO REALTH INSUR. PRE 000245 PERS REV ACCOUNT NUMBER 190-2090 001-2090 165-2090 190-2090 280-2090 340-2090 001-2090 190-2090 001-2090 190-2090 340-2090 001-2090 001-2090 190-2090 340-2090 001-2090 001-2090 ITEM AMOUNT 166.98 158.61 123.68 119.01 41.22 8.13 55.47 54.51 140.69 31.24 .36 23.43 119.46 5.41 2.33 93.56 977.11- INSTA[AX (IRS) 000283 FEDERAL 001-2070 26,669.77 INSTATAX (IRS) 000283 FEDERAL 165-2070 549.53 INSTArAX (IRS) 000283 FEDERAL 190-2070 8,031.31 INSTAfAX (IRS) 000283 FEDERAL 192-2070 16.30 INSTATAX (IRS) 000283 FEDERAL 193-2070 353.61 INSTATAX (IRS) 000283 FEDERAL 194-2070 128.88 INSTATAX (IRS) 000283 FEDERAL 280-2070 209.95 INSTATAX (IRS) 000283 FEDERAL 300-2070 91.19 INSTAIAX CIRS) 000283 FEDERAL 320-2070 1,358.95 INSTA[AX (IRS) 000283 FEDERAL 330-2070 332.17 INSTATAX (IRS) 000283 FEDERAL 340-2070 668.22 INSTATAX (IRS) 000283 MEDICARE 001-2070 6,389.32 INSTA'rAX (IRS) 000283 MEDICARE 165-2070 165.00 IRSTATAX (IRS) 000283 MEDICARE 190-2070 2,149.20 INSTATAX (IRS) 000283 MEDICARE 192-2070 2.62 INSTATAX (IRS) 000283 MEDICARE 193-2070 102.69 INSTATAX (IRS) 000283 MEDICARE 194-2070 22.28 INSTA'rAX (IRS) 000283 MEDICARE 280-2070 74.23 INSTATAX (IRS) 000283 MEDICARE 300-2070 32.51 INSTATAX (IRS) 000283 MEDICARE 320-2070 324.48 INSTATAX (IRS) 000283 MEDICARE 330-2070 72.53 INSTA'rAX (IRS) 000283 MEDICARE 340-2070 167.51 INSTATAX (EDD) 000444 SDI INSTATAX (EDD) 000444 SDI INSTATAX (EDD) 000444 SDI IHSTATAX (EDD) 000444 SDI INSTA'rAX (EDD) 000444 SD! INSTATAX (EDD) 000444 SDI INSTATAX (EDD) 000444 INSTATAX (EDD) 000444 SDI INSTATAX (EDD) 000444 STATE INSTATAX (EOD) 000444 STATE 001-2070 165-2070 190-2070 193-2070 280-2070 320-2070 330-2070 340-2070 001-2070 165-2070 130.76 6.00 321.35 2.80 1.52 13.44 5.29 4.24 7,308.55 153.72 CHECK AMOUNT 31,739.33 47,912.25 VOUCHRE2 CITY OF TEMECULA 08/02/01 11:36 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 3 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 104291 08/02/01 000444 INSTATAX (EDD) 000444 STATE 190-2070 1,559.80 104291 08/02/01 000444 INSTATAX (EDD) 000444 STATE 192-2070 5.18 104291 08/02/01 000444 INSTATAX (EO0) 000444 STATE 193-2070 81.26 104291 08/02/01 000444 INSTATAX (EDD) 000444 STATE 194-2070 40.21 104291 08/02/01 000444 INSTATAX (EDD) 000444 STATE 280-2070 61.33 104291 08/02/01 000444 INSTA[AX (EDD) 000444 STATE 300-2070 22.01 104291 08/02/01 000444 INSTAFAX (EDD) 000444 STATE 320-2070 306.64 104291 08/02/01 000444 INSTATAX (EDD) 000444 STATE 330-2070 81.30 104291 08/02/01 000444 INSTATAX (EDD) 000444 STATE 340-2070 159.92 70578 08/02/01 000724 A & R CUSTOM SCREEN PRI STAFF SHIRTS XLG 190-180-999-5243 70578 08/02/01 000724 A & R CUSTOM SCREEN PRI STAFF SHIRTS XXLG 190-180-999-5243 70578 08/02/01 000724 A & R CUSTOM SCREEN PAl SALES TAX 190-180-999-5243 39.00 48.00 6.53 10,265.32 93.53 70579 08/02/01 003552 A F L A C 003552 CANCER 001-2330 357.70 70579 08/02/01 003552 A F L A C 003552 CANCER 190-2330 14.35 70579 08/02/01 003552 A F L A C 003552 CANCER 193-2330 14.35 70579 08/02/01 003552 A F L A C 003552 CANCER 194-2330 4.79 70579 08/02/01 003552 A F L A C 003552 CANCER 340-2330 14.31 70579 08/02/01 003552 A F L A C 003552 EXP PROT 001-2330 128.30 70579 08/02/01 003552 A F L A C 003552 EXP PROT 190-2330 55.80 70579 08/02/01 003552 A F L A C 003552 EXP PROT 320-2330 27.90 70579 08/02/01 003552 A F L A C 003552 NOSP IC 001-2330 17.50 70579 08/02/01 003552 A F L A C 003552 STD 001-2330 566.40 70579 08/02/01 003552 A F L A C 003552 STD 190-2330 155.20 70579 08/02/01 003552 A F L A C 003552 STD 193-2330 9.60 70579 08/02/01 003552 A F L A C 003552 STD 194-2330 3.20 70579 08/02/01 003552 A F L A C 003552 STD 340-2330 20.80 70580 08/02/01 004148 A T & T LG DISTANCE:POLICE SUB-STATION 001-170-999-5208 51.05 1,390,20 51.05 70581 08/02/01 000745 A T & T WIRELESS SERVIC CELLULAR PNONE SVCS:POL[CE DPT 001-170-999-5208 217.08 217.08 70582 08/02/01 000116 A V P VISION PLANS 000116 AVP 001-2310 706.03 70582 08/02/01 000116 A V P VISION PLANS 000116 AVP 165-2310 17.60 70582 08/02/01 000116 A V P VISION PLANS 000116 AVP 190-2310 89.03 70582 08/02/01 000116 A V P VISION PLANS 000116 AVP 193-2310 5.58 70582 08/02/01 000116 A V P VISION PLANS 000116 AVP 194-2310 1.68 70582 08/02/01 000116 A V P VISION PLANS 000116 AVP 280-2310 5.86 70582 08/02/01 000116 A V P VISION PLANS 000116 AVP 330-2310 5,58 70582 08/02/01 000116 A V P VISION PLANS 000116 AVP 340-2310 42.23 873.59 70583 08/02/01 002038 ACTION POOL & SPA SUPPL POOL SANITIZING CHEMICALS 190-186-999-5212 11.81 11.81 70584 08/02/01 ADAMS, AARON REFUND:SPRTS-BB MENS LEAGUE 190-187-4961 70584 08/02/01 ADAMS, AARON REIMB:MMASC CONF:7/25-27/01 001-110-999-5261 40.00 62.10 102.10 70585 08/02/01 70586 08/02/01 70586 08/02/01 002733 ALBAO, NANCY 00287/ ALTA LOMA CHARTER LINES 002877 ALTA LOMA CHARTER LINES TCSD INSTRUCTOR EARNINGS 190-183-999-5330 EXCURSION:BUS SVC:L.B.AQUARIUM 190-183-999-5350 ADDITIONAL HOURS 190-183-999-5350 1,648.00 320.00 156.00 1,648.00 VOUCHRE2 08/02/01 11:36 VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 70586 08/02/01 70586 08/02/01 70587 08/02/01 AMATO, KYM 70588 08/02/01 004539 AMERICAN NEWS 70589 08/02/01 000936 AMERICAN RED CROSS 70589 08/02/01 000936 AMERICAN RED CROSS 70589 08/02/01 000936 AMERICAN RED CROSS 70590 08/02/01 004482 ANSWER, THE 70591 08/02/01 000101 APPLE ONE, INC. 70592 08/02/01 002987 70593 08/02/01 001323 ARROWHEAD WATER INC 70593 08/02/01 001323 ARROWHEAD WATER INC 70593 08/02/01 001323 ARROWHEAD WATER INC 70593 08/02/01 001323 ARROWIIEAD WATER IBC 70594 08/02/01 003485 AUDIO VIDEO SUPPLY IBC 70595 08/02/01 004546 AUNT KIZZYZ BOYZ 70596 08/02/01 AVILES. ROSA 70597 08/02/01 BAIRD, LESLIE 70598 08/02/01 BALDER, SARA' 70599 08/02/01 BARNETT, TRICIA 70600 08/02/01 BERTA, MARY 70601 08/02/01 004262 BIO-TOX LABORATORIES 70601 08/02/01 004262 BIO-TOX LABORATORIES 70602 08/02/01 BOWEN, TRACY 70603 08/02/01 004176 SROADWING 70604 08/02/01 004225 70604 08/02/01 004225 70605 08/02/01 70606 08/02/01 70607 08/02/01 002099 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM ACCOUNT DESCRIPTION NUMBER 190-183-999-5350 190-183-999-5340 REFUND: TINY TOTS-CREATIVE BEG 190-183-4982 PUBLIC NOTICE:PW99-19CSD SR CT 210-190-163-5801 JR LIFEGUARD TEXTBOOKS 190-186-999-5261 STAFF TRAIN:RE-CERTIF CPR-PFR 190-1~-999-5261 VIDEO RENTAL CPR-COMMUNITY 190-186-999-5261 ENTERTAINMENT:CONCERT SERIES 190-183-999-5370 TEMP HELP W/E 07/14 WYTRYKUS 001-162-999-5118 001-164-604-5248 BOTTLED WATER SVCS:MNTC FAC 340-199-702-5250 BOTTLED WATER SVCS:CRD 190-182-999-5250 WATER FOR S.M.A.R.T. PROGRAM 190-18~-999-5372 BOTTLED WATER SVCS:CITY HALL 340-199-701-5250 320-199-999-5210 280-199-999-5362 190-2900 190-183-4982 190-186-4970 190-1~-4982 190-186-4970 001-170-999-5328 001-170-999-5328 REFUND: YOUNO DISOOVERERS CLUB 190-183-4982 320-199-999-5208 280-199-999-5362 280-199-999-5362 190-187-4961 190-187-4961 280-199-999-5234 002877 ALTA LC)MA CBARTER LINES P.U.C. TAX 002877 ALTA LC)MA CHARTER LINES DAY CAMP BUS SVCS:PHARAOH'S ARMSTRONG DEVELOPMENT S CONSULTING SVCS:YNEZ/SANTIAGO AUDIO VIDEO EQUIP:INF SYSTEM ENTERTAINMENT:SUMMER NIGHTS REFUND:SECURITY DEPT M501-1336 REFUND:SPRTS-SKYHAWKS SOCCER REFUND: SWIM LESSONS LEVEL 2 REFUND: CPR/FIRST AID TRAINING REFUND:TODDLER SWIM LESSONS LAB ORUG TESTIBG:POLICE/CHP LAB DRUG TEBTING:POLICE/CHP LONG DISTANCE & INTERNET SVCS BURL SLONE COUNTRY MUSI ENTERTAINMENT:SUMMER NIGHTS BURL SLONG COUNTRY MUSI ENTERTAINMENT:SUMMER NIGHTS BUSINESS FURN. SOLUTION REFUND: SPRTS-BB MENS LEAGUE BUSINESS FURN. SOLUTION REFUND: SPRTS-SS MENS LEAGUE BUTTERFIELD ENTERPRISES JUL RESTROOM FAC RENT ITEM A~OUNT 1.19 1,353.38 35.00 175.18 84.00 85.00 10.00 800.00 557.70 4,528.52 192.29 194.15 3~5.00 311.12 105.52 400.00 100.00 20.00 49.00 48.00 25.00 1,432.80 16.70 75.00 1,195.00 50.00 50.00 40.00 40.00 826.00 PAGE 4 CHECK AMOUNT 1,830.57 35.00 175.18 179.00 800.00 557.70 4,528.52 1,072.56 105.52 400.00 100.00 20.00 49.00 48.00 25.00 ll449.50 75.00 1,195.00 100.00 40,00 40.00 826.00 VOUCHRE2 CITY OF TENECULA PAGE 5 08/02/01 11:36 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 70608 08/02/01 003553 70608 08/02/01 003553 70608 08/02/01 003553 70608 08/02/01 003553 70608 08/02/01 003553 70608 08/02/01 003553 70608 08/02/01 003553 70608 08/02/01 003553 70608 08/02/01 003553 70608 08/02/01 003553 70608 08/02/01 003553 70608 08/02/01 003553 70608 08/02/01 003553 70608 08/02/01 003553 70608 08/02/01 003553 70608 08/02/01 003553 70608 08/02/01 003553 70608 08/02/01 005553 70608 08/02/01 003553 70608 08/02/01 003553 70608 08/02/01 003553 70608 08/02/01 003553 VENDOR NAME C GNA C GNA C GNA C GNA C GNA GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GNA C GHA 70610 08/02/01 004248 CALIF DEPT OF JUSTICE/A 70610 08/02/01 004248 CALIF DEPT OF JUSTICE/A 70610 08/02/01 004248 CALIF DEPT OF JUSTICE/A 70610 08/02/01 004248 CAL]F DEPT OF JUSTICE/A 70610 08/02/01 004248 CALIF DEPT OF JUSTICE/A 70610 08/02/01 004248 CALIF OEPT OF JUSTICE/A 70610 08/02/01 004248 CALIF DEPT OF JUSTICE/A 70610 08/02/01 004248 CALIF DEPT OF JUSTICE/A ITEM DESCRIPTION 003553 LTD 003553 LTD 003553 LTD 003553 LTD 003553 LTD OO3553 LTD 003553 LTD 003553 LTD 003553 LTD 003553 LTD 003553 LTD 003553 STD 003553 BTD 003553 STD 003553 STD OO3553 STD 003553 STD 003553 STD OO3553 STD 003553 STD 003553 STD OO3553 STD FEB BLOOD ALCOHOL ANALYSIS JAN/NAR BLOOD ALCOHOL ANALYSIS NAR/APR BLOOD ALCOHOL ANALYSIS JAN/APR/NAY BLOOD ALCOHOL TEST JUN BLOOD ALCOHOL ANALYSIS SVC CREDIT:OUTSIDE CITY LIMITS CREDIT:INVOICE DISCREPANICES CREDIT:INVOICE DISCREPANICES 70611 08/02/01 003554 CANADA LIFE ASSURANCE C 003554 AD&D 70611 08/02/01 003554 CANADA LIFE ASSURANCE C 003554 AD&D 70611 08/02/01 003554 CANADA LIFE ASSURANCE C 003554 AD&D 70611 08/02/01 003554 CANADA LIFE ASSURANCE C 003554 AD&D 70611 08/02/01 003554 CANADA LIFE ASSURANCE C 003554 AD&O 70611 08/02/01 003554 CANADA LIFE ASSURANCE C 003554 AD&D 70611 08/02/01 003554 CANADA LIFE ASSURANCE C 003554 AD&D 70611 08/02/01 003554 CANADA LIFE ASSURANCE C 003554 AD&D 70611 08/02/01 003554 CANADA LIFE ASSURANCE C 003554 AD&D 70611 08/02/01 003554 CANADA LIFE ASSURANCE C 003554 AD&D 70611 08/02/01 003554 CANADA LIFE ASSURANCE C 003554 AD&D 70611 08/02/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 70611 08/02/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 70611 08/02/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 70611 08/02/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 70611 08/02/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 70611 08/02/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 70611 08/02/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 70611 08/02/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS ACCOUNT NUMBER 00t-2380 165-2380 190-2380 192-2380 193-2380 194-2380 280-2380 300-2380 320-2380 330-2380 340-2380 001-2500 165-2500 190-2500 192-2500 193-2500 194-2500 280-2500 300-2500 320-2500 330-2500 340-2500 001-170-999-5328 001-170-999-5328 001-170-999-5328 001-170-999-5328 001-170-999-5328 001-170-999-5328 001-170-999-5328 001-170-999-5328 001-2360 165-2360 190-2360 192-2360 193-2360 194-2360 280-2360 300-2360 320-2360 330-2360 340-2360 001-2360 165-2360 190-2360 192-2360 193-2360 194-2360 280-2360 300-2360 ITEM AMOUNT 1,594.48 39.10 299.92 .71 26.38 6.08 17.29 7.99 66.99 13.45 37.67 2,225.60 54.57 418.65 .99 36.81 8.49 24.15 11.15 95.49 18.78 52.59 3,360.00 700.00 630.00 700.00 1,050.00 35.00- 2,660.00- 3,080.00- 147.38 3.01 30.76 .08 2.93 .59 1.49 .74 6.00 2.25 4.27 638.63 13.01 133.26 .33 12.68 2.59 6.49 3.24 CHECK AMOUNT 5,055.33 665.00 VOUCHBE2 CITY OF TEMECULA PAGE 6 08/02/01 11:36 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM NUMBER DATE NUMBER RAHE DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 70611 08/02/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE 1NS 70611 08/02/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 70611 08/02/01 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 70612 08/02/01 002534 CATERERS CAFE REFSHMNTS:C.MGR MTG W/GUIDANT 320-2360 330-2360 340-2360 001-110-999-5260 26. O0 9.75 18.52 75.98 1,064.00 75.98 70613 08/02/01 003021 CINGULAR WIRELESS (CELL 70613 08/02/01 003021 CINGULAR WIRELESS (CELL 70613 08/02/01 003021 CINGULAR WIRELESS (CELL 70613 08/02/01 003021 CINGULAR WIRELESS (CELL 70613 08/02/01 003021 CINGULAR WIRELESS (CELL 70613 08/02/01 003021 CINGULAR WIRELESS (CELL 70613 08/02/01 003021 CINGULAR WIRELESS (CELL 70613 08/02/01 003021 CINGULAR WIRELESS (CELL 70613 08/02/01 003021 CINGULAR WIRELESS (CELL 70613 08/02/01 003021 CINGULAR WIRELESS (CELL 70613 08/02/01 003021 CINGULAR WIRELESS (CELL 70613 08/02/01 003021 CINGULAR WIRELESS (CELL 70613 08/02/01 003021 CINGULAR WIRELESS (CELL 70613 08/02/01 003021 CINGULAR WIRELESS (CELL 70613 08/02/01 003021 CINGULAR WIRELESS (CELL 70613 08/02/01 003021 CINGULAR WIRELESS (CELL 70614 08/02/01 CLEM, SANDRA 70615 08/02/01 004328 CNL APF PARTNERS 6/09-7/08/01 CELLULAR PHONE SV 6/09-7/08/01 CELLULAR PHORE SV 6/09-7/08/01 CELLULAR PHONE SV 6/09-7/08/01 CELLULAR PHONE SV 6/09-7/08/01 CELLULAR PHONE SV 6/09-7/08/01 CELLULAR PHONE SV 6/09-7/08/01 CELLULAR PHONE SV 6/09-7/08/01 CELLULAR PHONE SV 6/09-7/08/01 CELLULAR PHONE SV 6/09-7/08/01 CELLULAR PHONE SV 6/09-7/08/01 CELLULAR PHONE SV 6/09-7/08/01 CELLULAR PHONE SV 6/09-7/08/01 CELLULAR PHONE SV 6/09-7/08/01 CELLULAR PHONE SV 6/09-7/08/01 CELLULAR PHONE SV 6/09-7/08/01 CELLULAR PHONE SV REFUND: MUSIC-PIANO CAMP CFD 88-12 REIMBURSEMENT 70616 08/02/01 004405 COMMUNITY HEALTH CHARIT 004405 CHC 70616 08/02/01 004405 COMMUNITY HEALTH CHARIT 004405 CHC 70616 08/02/01 004405 COMMUNITY HEALTH CHARIT 004405 CHC 70616 08/02/01 004405 COMMUNITY HEALTH CHARIT 004405 CHC 70616 08/02/01 004405 COMMUNITY HEALTH CHARIT 004405 CHC 70616 08/02/01 004405 COMMUNITY HEALTH CHARIT 004405 CHC 001-120-999-5208 001-140-999-5208 001-161-999-5208 001-162-999-5208 190-180-999-5208 280-199-999-5208 320-1~-999-5208 001-163-999-5208 001-164-601-5208 001-164-602-5208 001-164-604-5208 001-165-999-5208 001-100-999-5208 001-110-999-5208 001-150-999-5208 330-1990 190-183-4982 001-2030 001-2120 190-2120 193-2120 194-2120 330-2120 340-2120 100.58 48.78 502.10 630.17 1,188.48 66.37 196.27 250.53 343.99 97.56 48.78 466.24 383.36 272,42 49,59 58.09 45.00 2,990.93 123.50 5.60 .60 .20 5.50 .60 4,703.31 45.00 2,990.93 136.00 70617 08/02/01 001193 COMP IJ S A INC 70617 08/02/01 001193 COMP {J S A INC COMPUTER SUPPLIES:SPEAKERS 320-199-999-5221 COMPUTER SUPPLIES:EXPSION PACK 320-199-999-5242 25.82 187.72 213.54 70618 08/02/01 000442 COMPUTER ALERT SYSTEMS TROUBLE SHOOT MNTC GATE WIRING 340-199-702-5212 260.00 260.00 70619 08/02/01 COOKE, ELIZABETH REFUND:SPRTS-SKYHWK FLG FTBALL 190-183-4982 92.00 92.00 70620 08/02/01 004123 D L PHARES & ASSOCIATES AUG RENT:POLiCE SUB-STATION 001-170-999-5229 70621 08/02/01 D'AQUINO, TAMMY REFUND:SWIM LESSONS LEVEL 2 190-186-4970 70622 08/02/01 001233 DANS FEED & SEED INC PROPANE GAS FOR PUBLIC WORKS 001-164-601-5218 70623 08/02/01 002954 DIAMOND GARAGE RES IMPR PRGM:LURRIEWSKI,DAN 165-199-813-5804 70624 08/02/01 003754 DOWNTONN IDEA EXCHANGE ONE YR SUBSCRIPTION:RDA/MEYER 280-199-999-5228 1,661.73 22.00 7.70 845.00 167.00 1,661.73 22.00 7.70 845.00 167.00 VOUCHRE2 CITY OF TEMECULA PAGE 7 08/02/01 11:36 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CNECK NUMBER 70625 70626 70626 70626 70626 70626 70626 70626 70627 70628 70629 70630 70630 7O631 70631 70631 70631 70631 70631 70631 70631 70631 70632 70633 70634 70634 70634 70634 70634 70634 70634 70634 70634 7O634 70634 70634 70635 70636 70637 CHECK VENDOR VENDOR DATE NUMBER NAME 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 08/02/01 001669 DUNN EDWARDS CORPORATIO 001380 001380 001380 001380 001380 001380 001380 E S EMPLOYMENT SERVIC E S EMPLOYMENT SERVIC E S EMPLOYMENT SERVIC E S EMPLOYMENT SERVIC E S EMPLOYMENT SERVIC E S EMPLOYMENT SERVIC E S EMPLOYMENT SERVIC 002939 ENVIRONMENTAL SYSTEMS R 002060 EUROPEAN DELI & CATERIN 003959 EVERETT & EVERETT PAINT 0044{54. EXXONMOBIL CARD SERVICE 004464 EXXONMOBIL CARD SERVICE 000165 FEDERAL EXPRESS INC 000165 FEDERAL EXPRESS ]NC 000165 FEDERAL EXPRESS 000165 FEDERAL EXPRESS 000165 FEDERAL EXPRESS INC 000165 FEDERAL EXPRESS INC 000165 FEDERAL EXPRESS INC 000165 FEDERAL EXPRESS ]NC 000165 FEDERAL EXPRESS 003853 FENCING BY BUZZ FIELDING, WILHEMETA 003347 FIRST BANKCARD CENTER 003347 FIRST BANKCARD CENTER 003347 FIRST BANKCARD CENTER 003347 FIRST BANKCARD CENTER 003347 FIRST SANNCARD CENTER 003347 FIRST BANKCARD CENTER 003347 FIRST BANKCARD CENTER 003347 FIRST BANKCARD CENTER 003347 FIRST BANKCARD CENTER 003347 FIRST BANKCARD CENTER 003347 FIRST BANKCARD CENTER 003347 FIRST BANKCARD CENTER FOSTER~ PATRICIA FRAZIER, LINDA FREDERICK, SETH ITEM DESCRIPTION SUPPLIES FOR GRAFFITI REMOVAL TEMP HELP W/E 06/15 VOSHALL TEMP HELP W/E 06/15 N~SEH TEMP HELP W/E 06/29 VOSNALL TEMP HELP W/E 06/29 N~L~SEN TEMP HELP W/E 06/29 OS~NN TEMP HELP W/E 06/15 MCCOY TEMP HELP W/E 06/29 MCCOY ESRI TRAINING:KANIGOWSKI.D. RFSHMNTS:CLOSED SESSION 7/24 RES IMPR PRGM:NICHOLS,G. CITY VEHICLE FUEL EXPENSE CITY VEHICLE FUEL EXPENSE EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS ~LRIL SERVICES EXPRESS MAIL SERVICES EXPRESS ~L~IL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES RES IMPR PGRM: SMALL~ INEZ ~CCOUNT NUMBER 001-164-601-5218 001-161-999-5118 001-161-999-5118 001-161-999-5118 001-161-999-5118 001-1990 001-161-999-5118 001-161-999-5118 001-161-610-5261 001-100-999-5260 165-199-813-5804 001-110-999-5262 001-170-999-5262 001-120-999-5230 001-111-999-5230 001-171-999-5230 001-165-999-5230 001-140-999-5230 001-162-999-5250 001-150-999-5230 190-180-999-5230 001-111-999-5230 165-199-813-5804 REFUND:SEC.DEPOSIT:MS01-0167 190-2900 XX-7824 COMERCHERO:SW/HTL CONF XX-7824 COMERCNERO:SW/HTL CONF XX-9277 R.ROBERTS:SW AIR XX-2292 G.ROBERTS:TEAM SLD/BK XX-2292 G.ROBERTS:TEAM BLD/BK XX-1405 USNOSKE:PROF MTGS XX-0432 ELMO:UNITED/ICBO/SUPPL XX-0432 ELMO:UNITED/ICBO/SUPPL XX-1143 PARKER:ASC MUSEUM/CONF XX-1143 PARKER:ASC MUSEUM/CONF XX-1143 PARKER:ASC MUSEUM/CONF XX-1143 PARKER:ASC MUSEUM/CONF REFUND: SWIM LESSONS LEVEL 4 REFUND:SWIM LESSONS LEVEL 3 REFUND:SPTS-SKYNAWKS ROLLR HOC 001-100-999-5258 001-100-999-5260 001-100-999-5258 001-140-999-5261 001-140-999-5228 001-161-999-5260 001-171-999-5261 001-162-999-5258 190-180-999-5258 190-183-999-5340 190-180-999-5258 190-180-999-5228 190-186-4970 190-186-4970 190-183-4982 ITEM AMOUNT 226.98 2,153.02 11,107.88 2,075.20 13,836.13 1,720.41 1,303.60 2,~78.30 800.00 243.81 2,200.00 37.10 171.93 11.00 44.41 55.32 15.81 13.40 30.63 27.34 17.53 15.81 1,800.00 100.00 1,362.55 30.83 128.00 123.43 25.00 79.25 86.40 864.00 784.00 495.00 610.00 35.00 55.00 22.00 87.00 CHECK AMOUNT 226.98 34,974.54 800.00 243.81 2,200.00 209.03 231.25 1,800.00 100.00 4,623.46 55.00 22.00 87.00 VOUCHRE2 CiTY OF TEMECULA PAGE 8 08/02/01 11:36 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 70638 08/02/01 004178 FREEDOM SIGNS 70638 08/02/01 004178 FREEDOM SIGNS 70638 08/02/01 004178 FREEDOM SIGNS 70638 08/02/01 004178 FREEDOM SIGNS 70638 08/02/01 004178 FREEDOM SIGNS 70638 08/02/01 004178 FREEDOM SIGNS 70638 08/02/01 004178 FREEDOM SIGNS 70638 08/02/01 004178 FREEDOM SIGNS 70638 08/02/01 004178 FREEDOM SIGNS 70638 08/02/01 004178 FREEDOM SIGHS 70638 08/02/01 004178 FREEDOM SIGNS 70638 08/02/01 004178 FREEDOM SIGNS 70638 08/02/01 004178 FREEDOM SIGNS 70639 08/02/01 004514 G T S ! CORP 70639 08/02/01 004514 G T S i CORP 70640 08/02/01 003815 GFB FRIEDRICH & ASSOCIA 70640 08/02/01 003815 GFB FRIEDRICH & ASSOCIA 70640 08/02/01 003815 GFB FRIEDRZCH & ASSOCIA 70640 08/02/01 003815 GFB FRIEDRICH & ASSOCIA 70641 08/02/01 GOMEZ, JENNIFER 70642 08/02/01 001609 GREATER ALARM COMPANY I 70643 08/02/01 BART, FLOYD 70644 08/02/01 HARVEY, KIMBERLY 70645 08/02/01 HESSER, LINDSAY 70646 08/02/01 002107 NIGHMARK INC 70646 08/02/01 002107 HIGHMARK 70646 08/02/01 002107 HIGHMARK INC 70646 08/02/01 002107 HIGHMARK INC 70646 08/02/01 002107 HIGHMARK ]NC 70646 08/02/01 002107 HIGHMARK INO 70646 08/02/01 002107 HIGBMARK INC 70647 08/02/01 70647 08/02/01 70647 08/02/01 70647 08/02/01 70647 08/02/01 70647 08/02/01 000194 C M A RETIREMENT TRUS 000194 C M A RETIREMENT TRUS 000194 C M A RETIREMENT TRUS 000194 C M A RETIREMENT TRUS 000194 C M A RETIREMENT TRUS 000194 C M A RETIREMENT TRUS 70648 08/02/01 001407 INTER VALLEY POOL SUPPL 70649 08/02/01 001186 IRWIN, JOHN ITEM DESCRIPTION FAC IMPR PRGH:BEIJING ACUPUNCT BALLOON & WINE BOARD POSTERS SALES TAX R&R EVENT SiGN ON POSTER BOARD SALES TAX 2ND DEPST-R.TEN REALTY SiGN 2ND DEPST-LOPEZ MARKET SIGN 2ND DEPST'ALLSTATE INS SIGN 2ND DEPST-CLASBIC TOUCH SiGN 2ND DEPST-TALCOTT CO. SIGN 2ND DEPST-EUROPEAN DELi SIGN 2ND DEPST-RANCHO GRAPHICS SIGN 2ND DEPST-S.D.CRDT UNION SIGN 128MB RAM FOR FIRE LAP TOP SALES TAX MAY PRGSS:CO#2:MARG PW99-01 MAY PRGSS:CO#2:MARG PW99-01 MAy PRGSS:CO#6:MARG PW99-01 JUNE PRGSS:CO#6:MARG PW99-01 REFUND:EX-LONG BEACH AQUARIUM ALARM SVCS:POLICE SUG-STATION REFUND: SPRTS-BB MENS LEAGUE REFUND:SWIM LESSONS LEVEL 4 REFUND:SPRTS-BB MENS LEAGUE 002107 VL ADVAN 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 000194 DEF COMP 000194 DEF COMP 000194 DEF COMP 000194 DEF COMP 000194 OEF COMP 000194 DEF COMP POOL SANITIZING CHEMICALS TCSD INSTRUCTOR EARNINGS ACCOUNT NUMBER 280-199-813-5804 001-111-999-5270 001-111-999-5270 001-111-999-5271 001-111-999-5271 280-199-813-5804 280-199-813-5804 280-199~813-5804 280-199-813-5804 280-199-813-5804 280-199-813-5804 280-199-813~5804 280-199-813-5804 001-171-999-5221 001-171-999-5221 210-165-706-5802 210-165-713-5802 210-165-706-5802 210-165-706-5802 190-183-4986 001-170-999-5229 190-187-4961 190-186-4970 190-187-4961 001-2510 001-2510 190-2510 193-2510 194-2510 300-2510 340-2510 001-2080 165-2080 190-2080 194-2080 280-2080 300-2080 190-186-999-5250 190-18~-999-5330 ITEM AMOUNT 1,696.50 75.00 5.63 90.00 6.75 669. O0 943. O0 629.00 629.00 629.00 1,543. O0 743. O0 640. O0 556.00 41.70 150.71 14.29 3,394.76 4,894.19 17.00 81.00 40.00 3.00 40.00 243.15 222.65 11,88 2.22 .74 .80 4.86 2,478.71 445.85 520.09 16.50 165.01 49.99 228.33 544.00 CHECK AMOUNT 8,298.88 597.70 8,453.95 17.00 81.00 40.00 3.00 40.00 486.30 3,676.15 228.33 544.00 VOUCHRE2 CITY OF TEMECULA PAGE 9 08/02/01 11:36 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VEHDOR NUMBER NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 70650 08/02/01 70651 08/02/01 70651 08/02/01 70652 08/02/01 70653 08/02/01 70653 08/02/01 70653 08/02/01 JEANPLONG, MARLA 003181 JON EDWARDS & ASSOCIATE 003181 JON EDWARDS & ASSOCIATE 004115 K T U & ASSOCIATES 002424 KELLEY DISPLAY INC 002424 KELLEY DISPLAY INC 002424 KELLE'r DISPLAY INC REFUND: SWIM LESSONS LEVEL 3 VARIOUS LOCATION PHOTO SHOOTS SALES TAX MAY SVCS:TEM MULTI-USE TRAILS HARDWARE TO HANG BANNERS FREIGHT SALES TAX 190-186-4970 001-111-999-5270 001-111-999-5270 210-190-176-5802 001-111-999-5271 001'111-999-5271 001-111-999-5271 55.00 900.00 67.50 4,825.00 247.50 11.17 18.56 55.00 967.50 4,825.00 277.23 70654 08/02/01 KILPATRICK, DENISE REFUND: DANCE-BALLROOM 190-183-4982 70.00 70.00 70655 08/02/01 KILPATRICK~ JEFFREY REFUND: DANCE-BALLROOM 190-183-4982 70.00 70.00 70656 08/02/01 000206 KINKOS INC 70656 08/02/01 000206 KINKO$ INC GTE/VERIZON DISCOVERY REPONSE 300-199-999-5246 GTE/VERIZON DISCOVERY REPONSE 300-199-999-5246 338.60 175.17 513.~7 70657 08/02/01 003631 KLEINFELDER INC 70658 08/02/01 001282 KNORR SYSTEMS INC 70658 08/02/01 001282 KNORR SYSTEMS INC )LAY/JUN GEOTECN SV:MARG PW9901 CRC SMALL POOL BLANKET MISC POOL SUPPLIES - CRC 210-165-706-5804 190-186-999-5301 190-186-999-5212 4,488.50 680.96 66.20 4,488.50 747.16 70659 08/02/01 000209 L & M FERTILIZER INC 70659 08/02/01 000209 L & M FERTILIZER lNG 70660 08/02/01 000945 L P S COMPUTER SERVICE 70660 08/02/01 000945 L P S COMPUTER SERVICE 70661 08/02/01 001534 LA MASTERS OF FINE TRAV 70661 08/02/01 001534 LA MASTERS OF FINE TRAV 70661 08/02/01 001534 LA MASTERS OF FINE TRAV 70662 08/02/01 LA QUINTA, CITY OF 70663 08/02/01 000210 70664 08/02/01 003428 LEAGUE OF CAL1F CITIES M V P TEMECULA SHUTTLE 70665 08/02/01 MAGNER, LAWREN 70666 08/02/01 003782 MAIN STREET SIGNS 70666 08/02/01 003782 MAIN STREET SIGNS 706~ 08/02/01 003782 MAIN STREET SIGNS 70666 08/02/01 003782 MAIN STREET SIGNS 70667 08/02/01 004141 MAINTEX INC 70667 08/02/01 004141 MAINTEX INC 70667 08/02/01 004141 MAINTEX INC 70660 08/02/01 002664 MAR CO INDUSTRIES INC MNTC SUPPLIES FOR PW MNTC CREW MNTC SUPPLIES FOR Pg MNTC CREW 3 BP OEFICEJET 95G PRINTERS SALES TAX SW AIR:LIBRARY BOND:RUSE/ADAMS SW AIR:LIBRARY 80ND:RUSE/AOAJ4S SW AIR:LIBRARY BOND:RUSE/ADAMS LEAGUE MTG:R.ROBERTS:8/13/01 ANNUAL DUES/NETWORK START-UP SBTL:LEAGUE CF:TCSD COMM:?/25 REFUND:TAKING CHARGE "NO DUMPING~1SIGNS-VAR.PARKS SALES TAX SUPPLIES OF VAR. STREET SIGNS PAVEMENT MARKERS - PW MAINT CITY HALL CUSTODIAL SUPPLIES CRC CUSTODIAL SUPPLIES SR CTR CUSTODIAL SUPPLIES PLANNED MAINT-CLARK FLR MACH. 001-164-601-5218 001-164-601-5218 320-199-999-5242 320-199-999-5242 001-110-999-5260 190-180-999-5260 190-1990 001-100-999-5260 001-100-999-5226 190-180-999-5258 190-183-4982 190'180-999-5244 190-180-999-5244 001-164-601-5244 001-164-601-5244 340-199-701-5212 190-182-999-5212 190-181-999-5212 190-184-999-5212 12.77 17.16 2,373.00 177.98 221.50 105.93 115.57 35.00 2,232.00 77.05 20.00 472.50 35.44 463.86 126.31 335.56 397.44 84.99 85.51 29.93 2,550.98 443.00 35.00 2,232.00 77.05 20.DO 1,098.11 817.99 VOUCHRE2 08/02/01 11:36 VOUCHER/ CHECK CHECK NUMBER DATE 70668 08/02/01 70669 08/02/01 70670 08/02/01 70670 08/02/01 70671 08/02/01 70672 08/02/01 70673 08/02/01 70674 08/02/01 70675 08/02/01 70676 08/02/01 70677 08/02/01 70677 08/02/01 70677 08/02/01 70677 08/02/01 70677 08/02/01 70677 08/02/01 7067-/ 08/02/01 706~ 08/02/01 70678 08/02/01 70679 08/02/01 70679 08/02/01 70680 08/02/01 70681 08/02/01 70682 08/02/01 70683 08/02/01 70684 08/02/01 70685 08/02/01 70686 08/02/01 70687 08/02/01 70688 08/02/01 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS VENDOR VENDOR NUMBER NAME 002664 MAR CO INDUSTRIES INC 003669 MARC FAULKENBURY PAINTI RES IMPRV PRGM: SMALL 002011 MARTIN, KATHARINA E. TCSD INSTRUCTOR EARNINGS 002011 MARTIN, KATHARINA E. TCSD INSTRUCTOR EARNINGS MARTIN, STEPHARIE REFUND:TODDLER SWIM LESSONS 004107 MASSA-LAVITT, SANDRA MCCORMACK, CONNIE MEDULLA~ SHERYL 003448 MELODYS AD WORKS MENDOZA~ ALISSA ITEM ACCOUNT DESCRIPTION NUMBER PLANNED MAINT-FAC CAT FLR MACH 190-180-999-5212 165-199-813-5804 190-183-999-5330 190-183-999-5330 190-186-4970 7/03-18/01 CONSULTING SERVICES 001-161-999-5248 REFUND:SECURITY DEPT MS01-1201 190-182-4990 REFUND:LEVEL 6/7 SWIM LESSONS 190-186-4970 HOT SUMMER NIGHTS POSTERS 280-199-999-5362 REFUND:SUMMER DAY CAMP 003076 MET LIFE INSURANCE COMP 003076 003076 MET LIFE INSURANCE COMP 003076 003076 MET LIFE INSURANCE COMP 003076 003076 MET L]FE INSURANCE COMP 003076 003076 MET L]FE INSURANCE COMP 003076 003076 MET LIFE INSURANCE COMP 003076 003076 MET LIFE INSURANCE COMP 003076 003076 MET LIFE INSURANCE COMP 003076 190-182-4984 DENTALML 001-2340 DENTALML 165-2340' DERTALML 190-2340 DENTALML 193-2340 OENTALML 194-2340 DENTALML 280-2340 DENTALML 330-2340 DENTALML 340-2340 METRO, PATRICIA GAIL REFUND:AQUATICS-SYNCNRO SWIM 190-183-4982 001905 MEYERS, DAVID WILLIAM TCSD INSTRUCTOR EARNINGS 001905 MEYERS, DAVID WILLIAM TCSD INSTRUCTOR EARNIN6S 001868 004549 MILLENNIUM HOTEL 190-183-999-5330 190-183-999-5330 HTL:BOCA/ICSO CONF:9/16-20:M.H 001-162-999-5258 MIYAMOTO-JURKOSKY, SUSA TCSD INSTRUCTOR EARNINGS 190-183-999-5330 MOHAVE INSTRUMENTS SOFTWARE-PD TRAF SURVEY CAMERA 001-1990 MORAMARCO, TONY MYERS, DOUGLAS REFUND:SPORTS-BB MENS LEAGUE 190-187-4961 NELSON, ALYSIA 003570 NORM REEVES 002139 NORTH COUNTY TIMES- ATT 004191 NORTH COUNTY TIMES-PMT REIMB:CODE HEARINGS:5~23-24~01 001-171-999-5260 REFUND:LEVEL 3 SWIM LESSONS 190-186-4970 DODGE DURANGO FOR CITY MANAGER 310-1910 JUN DISPLAY AD:4TH OF JULY 190-180-999-5254 8/08/01-2/07/02 SUBSCR - TCSD 190-180-999-5228 ITEM AMOUNT 125.00 1,040.00 217.60 108.80 22.00 3,501.18 113.50 25.00 106.43 220.00 4,215.51 200.93 68?.56 61.12 5.44 100.45 18.15 130.60 45.83 288.00 160.00 552.52 360.00 1,364.88 40.00 236.29 30.00 29,084.85 187.59 61.00 PAGE 10 CHECK AMOUNT 210.51 1,640.00 326.40 22.00 3,501.18 113.50 25.00 106.45 220.00 5,419.76 45.83 448.00 552.52 360.00 1,364.88 40.00 236.29 30.00 29,084.85 187.59 61.00 VOUCHRE2 CITY OF TEMECULA 08/02/01 11:36 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 11 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 70689 08/02/01 OBLACHINSKI, BETH REFUND:TAKING CHARGE 190-183-4982 20.00 20.00 70690 08/02/01 003964 OFFICE DEPOT BUSINESS S OFFICE SUPPLIES - FINANCE DEPT 001-140-999-5220 70690 08/02/01 003964 OFFICE DEPOT BUSINESS S CREDIT:ITEM RETURNED:PLANNING 001-161-999-5220 70690 08/02/01 005964 OFFICE DEPOT BUSINESS S OFFICE SUPPLIES:PLANNING 001-161-999-5220 70690 08/02/01 003964 OFFICE DEPOT BUSINESS S CREDIT:ITEM RETURNED 001-140-999-5220 92.91 23.06- 19.78 3.14- 86.49 70691 08/02/01 002105 OLD TOgN TIRE & SERVICE CITY VEHICLE REPAIRS & MAIBT 001-164-601-5214 91.46 91.46 70692 08/02/01 002668 OMEGA LAKE SERVICES JUL DUCK POND gATER NAINT SVCS 190-180-999-5250 800.00 800.00 70693 08/02/01 OPTO 22 REFUND:SPORTS-BB MENS LEAGUE 190-187-4961 40.00 40.00 70694 08/02/01 OTT, UENDELL REIMB:MUSEUM ASSOC CF:7/12-14 190-185-999-5258 121.33 121.33 70695 08/02/01 004520 PAINT CONNECTION, THE #2 DRAg-FAC IMPR PRG:CHAPARRAL 280-199-813-5804 70695 08/02/01 004520 PAINT CONNECTION, THE ~r5 DRAg-FAC IMPR PRG:CHAPARRAL 280-199-813-5804 70696 08/02/01 PARAFINA, JULIE REFUND:SEC.DEPOSIT:MS01-1487 190-184-4990 5,000.00 5,000.00 100.00 10,000.00 100.00 70697 08/02/01 004577 PARTY SUPPLIES BY SUSAN RECREATION SUPPLIES-MOBILE AEC 190-183-999-5320 89.42 89.42 70698 08/02/01 PEFFERS, GAYLE REFUND:TAI CHI INTR 190-183-4982 35.00 35.00 70699 08/02/01 004463 PERFECT FORM BUSINESS S QTY 2500 PURCHASE ORDER FORMS 001-140-999-5222 70699 08/02/01 004463 PERFECT FORM BUSINESS S TYPESETTING CHARGE 001-140-999-5222 70699 08/02/01 004463 PERFECT FORM BUSINESS S FREIGHT 001-140-999-5222 70699 08/02/01 004463 PERFECT FORM BUSINESS S SALES TAX 001-140-999-5222 70700 08/02/01 001958 PERS LONG TERM CARE PRO 001958 PERS L-T 001-2122 9?7.57 25.00 35.80 73.32 83.99 1,111.69 83.99 70701 08/02/01 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-170-999-5214 70701 08/02/01 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-170-999-5220 70701 08/02/01 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-170-999-5220 70701 08/02/01 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5301 70701 08/02/01 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5540 70701 08/02/01 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5350 70701 08/02/01 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-170-999-5220 70701 08/02/01 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-170-999-5229 70701 08/02/01 000249 PETTY CASH PETTY CASH REIMSURSEMEHT 190-183-999-5320 70701 08/02/01 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5370 70701 08/02/01 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001'161-999-5260 70701 08/02/01 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-162-999-5220 70701 08/02/01 000249 PETTY CASH PETTY CASH REIMBURSEMENT 210-190-165-5802 70701 08/02/01 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5370 70701 08/02/01 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-601-5260 70701 08/02/01 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-181-999-5301 70701 08/02/01 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-604-5250 70701 08/02/01 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-165-999-5220 70701 08/02/01 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5372 70701 08/02/01 000249 PETTY CASN PETTY CASH REIMBURSEMENT 001-111-999-5260 35.80 9.35 26.85 8.47 75.00 20.00 25.69 19.44 10.99 38.46 12.50 16.11 17.86 13.69 15.00 8.51 8.62 9.66 2.49 40.00 VOUCHRE2 CITY OF TEMECULA PAGE 12 08/02/01 11:36 VOUCHER/CHECN REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK NUMBER DATE 707O1 08/02/01 70701 08/02/01 70701 DS/OZ/01 70701 08/02/01 70703 08/02/01 70704 08/02/01 70704 08/02/01 70704 08/02/01 70705 08/02/01 70706 08/02/01 70707 08/02/01 70707 08/02/01 70708 08/02/01 70708 08/02/01 70708 08/02/01 70708 08/02/01 70708 08/02/01 70708 08/02/01 70708 08/02/01 70709 08/02/01 70709 08/02/01 70710 08/02/01 70711 08/02/01 70712 08/02/01 70712 08/02/01 70712 08/02/01 70712 08/02/01 70713 08/02/01 70713 08/02/01 70714 08/02/01 70715 08/02/01 70716 08/02/01 70717 08/02/01 70718 08/02/01 VENDOR VENDOR NUMBER NAME 000249 PETTY CASH 000249 PETTY CASH 000249 PETTY CASH 000249 PETTY CASH ITEM DESCRIPTION PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT RELEASE CLAIMS AGREEMENT PMT JUN DISPLAY ADS:VAR CIP UPDATE JUN DISPLAY ADS:JULY 4TH/ANNEX JUN DISPLAY AD:MURRIETA lOTH 8/02/01-7/31/02 SUBSCR P~ APR DSGN SVC:AQUATIC FAC PHIl PRGS PMT#1:JEFFERSON AVE:99-17 RET.W/H PMT#1:JEFFERSON:99-17 VEHICLE REPAIR/MAINT-MEDIC SQD VEHICLE REPAIR/MAINT-MEDIC SQD VEHICLE MAINT/REPAIR:FIRE DEPT VEHICLE MAINT/REPAIR:FIRE DEPT SALES TAX FOR INV# 64368 SALES TAX FOR INV# 64368 SALES TAX FOR INV# 64959 JUL 01-99-02003-0 FLOATING HTR JUL 02-79-10100-1 NN SPRTS PRK ACCOUNT NUMBER 001-120-999-5262 001-140-999-5260 190-183-999-5372 190-183-999-5371 300-199-999-5207 001-165-999-5256 190-180-999-5254 001-110-999-5254 001-164-604-5228 210-190-170-5802 210-165-656-5804 210-2035 001-171-999-5214 001-171-999-5214 001-171-999-5214 001-171-999-5214 001-171-999-5214 001-1990 001-171-999-5214 001-164-601-5250 190-180-999-5240 REFUND:SECURITY DEPT MS01-1604 190-2900 REFUND:SPORTS-SB MENS LEAGUE SPORTS PARK PARKING LOT LIGHTS SALES TAX SPORTS PARK PARKING LOT LIGHTS SALES TAX WEED ABATEMENT-DIAZ/VIA MONTEZ TRASH PICK-UP/WEED ABATE:V.R. RENTAL EQUIP FOR PW NAINT CREW REPAIR RENTAL EQUIP-RIVERTON APR-JUN 01 VECTOR CONTROL SVCS SIGNATURE COUNT FOR ~OLF CREEK RETRIEVAL/DUPL MAPS-PLANS:V.R. 190-187-4961 190-180-999-5212 190-180-999-5212 190-180-999-5212 190-180-999-5212 001-164-601-5401 001-164-601-5402 001-164-601-5238 190-180-999-5238 001-172-999-5255 001-120-999-5225 001-163-999-5224 ITEM AMOUNT 10.00 12.25 19.30 20.33 150.00 1,026.00 1,053.00 425.00 143.00 3,817.38 222,483.68 22,248.37- 153.98 795.28 15.03 23.33 2.80 3.95 52.14 700.38 67.34 100.00 40.00 321.86 24.14 263.34 19.75 4,990.00 4,950.00 26.88 41.82 152.48 2,681.00 1,500.00 CHECK AMOUNT 476.37 150.00 2,504.00 143.00 3,817.38 200,235.31 1,046.51 767.72 100.00 40.00 629.09 9,940.00 26.88 41.82 152.48 2,681.00 1,500.00 VOUCHRE2 CITY OF TEMECULA PAGE 13 08/02/01 11:36 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME ITEM ACCOUNT ITEM CHECK DESCRIPTION NUMBER AMO(JNT AMOUNT 70719 08/02/01 002181 RIVERSIDE CONSTRUCTION 70719 08/02/01 002181 RIVERSIDE CONSTRUCTION 70720 08/02/01 ROBINSON, KELLY PRGS PMT# 16-1ST ST BRDG:95-08 STOP NOTICE:O'DUFFY:IST ST BRD REFUND:PARENT/ME S~IM LESSONS 280-199-807-5804 280-2038 190-186-4970 147,515.53 8,600.00- 25.00 138,915.53 25.00 70721 08/02/01 00457'3 ROCK FEVER ROCKCLIMBER-V.R.ANNEX-7/01/01 190-183-999-5370 250.00 250.00 70722 08/02/01 002226 RUSSO, MARY ANNE 70723 08/02/01 003804 SKYHAWKS SPORTS ACADEMY 70723 08/02/01 003804 SKYNAWKS SPORTS ACADEMY 70724 08/02/01 000645 SMART & FINAL INC 70724 08/02/01 000645 SMART & FINAL INC TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSO INSTRUCTOR EARNINGS RECREATION SUPPLIES-NIGH HOPES RECREATION SUPPLIES-SMART PRGM 190~183-999-5330 190-185-999-5330 190-183-999-5330 190-183-999-5373 190-185-999-5372 728.00 2,582.40 1,862.40 226.62 60.93 728.00 4,444.80 287.55 70725 08/02/01 SMITH, PHILLIP O. REIMB:EVAL EQUIP:6/11-12/01 001-162-999-5260 68.53 68,53 70726 08/02/01 000537 SO CALIF EDISON 70726 08/02/01 000537 SO CALIF EDISON 70726 08/02/01 000537 SO CALIF EDISON ?0726 08/02/01 000537 SO CALIF EDISON 70726 08/02/01 000537 SO CALIF EDISON 70726 08/02/01 000537 SO CAI. IF EDISON 70726 08/02/01 000537 SO CALIF EDISON 70726 08/02/01 000537 SO CALIF EDISON 70726 08/02/01 000537 SO CAI. IF EDISON 70726 08/02/01 000537 SO CALIF EDISON 70726 08/02/01 000537 SO CALIF EDISON 70726 08/02/01 000537 SO CALIF EDISON 70726 08/02/01 000537 SO CALIF EDISON 70726 08/02/01 000537 SO CALIF EDISON 70726 08/02/01 000537 SO CALIF EDISON 70726 08/02/01 000537 SO CALIF EDISON 70727 08/02/01 000282 SO CALIF MUNICIPAL ATHL JUL 2-11-007-0455 6TH ST PK LT JUL 2-10-747-1393 VARIOUS MTRS JUL 2-14-204-1615 FRNT ST RDIO JUL 2-20-792-2444 VARIOUS MTRS JUL 2-18-937-3152 MUSEUM JUL 2-19-683-3263 FRONT ST PED JUL 2-22-496-3439 VARIOUS MTRS JUL 2-02-351-4946 SR CTR JUL 2-00-397-5042 CITY HALL JUL 2-00-397-5067 VARIOUS MTRS JUL 2-00-397-5067 VARIOUS MTRS JUL 2-18-049-6416 FRONT ST PED dUL 2-21-911-7892 S.SIDE PK LT JUL 2-19-171-8568 WED CBAPEL JUL 2-20-817-9929 PD SATELLITE dUL 2-18-528-9980 SANTIAGO RD SUM/FALL ~01SFTRLL RULEBOUKS 001-164-603-5240 190-180-999-5240 340-199-701-5240 190-180-999-5319 190-185-999-5240 001-164-603-5319 190-180-999-5319 190-181-999-5240 340-199-701-5240 190-180-999-5240 193-180-999-5240 001-164-603-5319 001-165-999-5250 190-185-999-5240 001-170-999-5229 190-180-999-5319 190-187-999-5301 411.95 29.37 24.89 144.28 984.72 334.23 118.23 1,071.34 7,8~2.87 27.22 711.51 230,78 153.17 100.84 265.17 42.48 492.00 12,493.05 492.00 70728 08/02/01 004163 SPORTS CHALET 70720 08/02/01 004163 SPORTS CHALET 70728 08/02/01 004163 SPORTS CHALET 70728 08/02/01 004163 SPORTS CHALET 70729 08/02/01 004554 SPORTSART 70?30 08/02/01 SPRING, KERRI POLICE BICYCLE REPAIR & MAINT. DUDLEY SW 12 RF-80 SOFTBALLS FREIGHT SALES TAX DELIVER/INSTALL ART DECOS:S.P. REFUND:TINY TOTS-CREATIVE BEG 001-170-999-5215 190-187-999-5301 190-187-999-5301 190-187-999-5301 190-180-999-5610 190-183-4982 35.00 2,008.80 50.54 150.66 3,100.00 35.00 2,245.00 3,100.00 35.00 707'51 08/02/01 STEWART, LAURA REFUND:LEVEL 1 SWIM LESSONS 190-1~-4970 25.00 25.00 70?32 08/02/01 000574 SUPERTONER 70?32 08/02/01 000574 SUPERTONER RP PRINTER SUPPLIES HP PRINTER SUPPLIES 320-199-999-5221 320-199-999-5221 1,561.91 38.16 1,600.07 70?33 08/02/01 000305 TARGET STORE RECREATION SUPPLIES-SMART PRGM 190-183-999-5372 74.39 VOUCHRE2 08/02/01 11:36 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOUS PACE 14 VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME IYEM ACCOUNT ITEM DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 70733 08/02/01 000305 TARGET STORE 70735 08/02/01 000305 TARGET STORE 70733 08/02/01 000305 TARGET STORE AQUATIC SUPPLIES FOR TCSD 190-186-999-5301 RECREATION SUPPLIES-NIGH HOPES 190-183-999-5373 RECREATION SUPPLIES-SMART PRGM 190-183-999-5372 103.04 205.54 47.40 430.37 707'34 08/02/01 001547 TEAMSTERS LOCAL 911 001547 UN DUES 001-2125 596.25 70734 08/02/01 001547 TEAMSTERS LOCAL 911 001547 UN DUES 190-2125 96.75 70734 08/02/01 001547 TEAMSTERS LOCAL 911 001547 UN DUES 193-2125 6.75 70734 08/02/01 001547 TEAMSTERS LOCAL 911 001547 UN DUES 194-2125 2.25 70?34 08/02/01 001547 TEAMSTERS LOCAL 911 001547 UN CUES 320-2125 45.00 70734 08/02/01 001547 TEAMSTERS LOCAL 911 001547 UN DUES 330-2125 33.75 70?34 08/02/01 001547 TEAMSTERS LOCAL 911 001547 UN DUES 340-2125 51.75 832.50 70?35 08/02/01 000642 TEMECULA CITY FLEXIBLE 70?35 08/02/01 000642 TEMECULA CITY FLEXIBLE 70735 08/02/01 000642 TEMECULA CITY FLEXIBLE 70735 08/02/01 000642 TEMECULA CITY FLEXIBLE 70735 08/02/01 000642 TEMECULA CITY FLEXIBLE 70735 08/02/01 0006~2 TEMECULA CITY FLEXIBLE 70?35 08/02/01 000642 TEMECULA CITY FLEXIBLE 70?35 08/02/01 000642 TEMEOULA CITY FLEXIBLE 70735 08/02/01 0006/*2 TEMECULA CITY FLEXIBLE 70736 08/02/01 000168 TEMECULA FLCR4ER CORRAL EMPLOYEE CONTRIBUTION TO FLEX 001-1020 EMPLOYEE CONTRIBUTION TO FLEX 165-1020 EMPLOYEE CONTRIBUTION TO FLEX 190-1020 EMPLOYEE CONTRIBUTION TO FlEX 192-1020 EMPLOYEE CONTRIBUTION TO FLEX 193-1020 EMPLOYEE CONTRIBUTION TO FLEX 194-1020 EMPLOYEE CONTRIBUTION TO FLEX 280-1020 EMPLOYEE CONTRIBUT]ON TO FLEX 330-1020 EMPLOYEE CONTRIBUTION TO FLEX 340-1020 FLOWERS FOE 4TH OF JULY PARADE 190-183-999-5370 4,424.10 225. O0 534.00 1.25 9.75 3.75 75.00 466.66 11.25 48.50 5,750.76 48.50 70?37 08/02/01 003067 TEMECULA R V PD VEHICLE REPAIR/MAINTENANCE 001-170-999-5214 38.76 38.76 70738 08/02/01 000307 TEMECULA TROPHY COMPANY AODfL AWARDS-JULY 4TN PARADE 70?38 08/02/01 000307 TEMECULA TROPHY COMPANY NAMETAGS:M.MCCOY/M.HARRIS 190-183-999-5370 001-161-999-5222 16.43 13.98 30.41 70?39 08/02/01 004274 TEMECULA VALLEY SECURIT 70739 08/02/01 004274 TEMECULA VALLEY SECURIT 70739 08/02/01 004274 TEMECULA VALLEY SECURIT 70740 08/02/01 003862 THYSSEN DOVER ELEVATOR 70740 08/02/01 003862 THYSSEN DOVER ELEVATOR 70741 08/02/01 TOSCANO, JOSE J. JR. 70742 08/02/01 TOYAMA, KAREN LOCKSMITH SVCS-6TH & PUJOL 001-164-603-5250 LOCKSMITH SVCS:C.H./MAINT.FAC. 340-199-701-5212 LOCKSMITN SVCS:C.H./MAINT.FAC. 340-199-702-5212 JUL CITY HALL ELEVATOR SVCS 340-199-?01-5250 JUL T.V. MUSEUM ELEVATOR SVCS 190-185-999-5250 REFUND:SPORTS-BB MENS LEAGUE 190-187-4961 REFUND:PARENT/ME SWIM LESSONS 190-186-4970 50.00 1,552.26 362.19 135.00 135.00 40.00 25.00 1,964.45 270.00 40.00 25.00 70743 08/02/01 004001 U C REGENTS PVMNT MNTC TRAINING TAPE:CIP 001-165-999-5261 39.70 39.70 70744 08/02/01 001065 U S C M WEST (DEF COMP 70744 08/02/01 001065 U S C M WEST (DEF COMP 70744 08/02/01 001065 U S C M WEST (DEF COMP 70744 08/02/01 001065 U S C M WEST (DEF COMP 70744 08/02/01 001065 U S C M WEST (DEF COMP 70744 08/02/01 001065 U S C M WEST (DEF COMP 70744 08/02/01 001065 U S C M WEST (DEF COMP 70744 08/02/01 001065 U S C M WEST (DEF COMP 70744 08/02/01 001065 U S C M WEST (DEF COMP 001065 DEF COMp 001-2080 10,040.82 001065 DEF COMP 165-2080 126.16 001065 DEF COMP 190-2080 2,024.11 001065 DEF COMP 192-2080 7.50 001065 DEF COMP 193-2080 128,70 001065 DEF COMP 194-2080 44.50 001065 DEF COMP 280-2080 140.85 001065 DEF COMP 300-2080 88.54 001065 DEF COMP 320-2080 1,416.68 VOUCHRE2 08/02/01 11:36 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 15 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM NUMBER DATE NUMBER NAME DESCRIPTION 70744 08/02/01 70745 08/02/01 70745 08/02/01 70745 08/02/01 70745 08/02/01 70745 08/02/01 70745 08/02/01 70745 08/02/01 70745 08/02/01 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 000389 U S C M WEST (OBRA) 000389 PT RETIR 000389 U S C M WEST (OBRA) 000389 PT RETIR 000389 U S C M WEST (OBRA) 000389 PT RETIR 000389 U S C M WEST (OBRA) 000389 PT RETIR 000389 U S C M WEST (OBRA) 000389 PT RETIR 000389 U S C M WEST (OBRA) 000389 PT RETIR 000389 U S C M WEST (OBRA) 000389 PT RETIR 000389 U S C M WEST (OBRA) 000389 PT RETIR ACCOUNT NUMBER 340-2080 001-2160 165-2160 190-2160 193-2160 280-2160 320-2160 330-2160 340-2160 ITEM AMOUNT 169.45 1,139.66 109.97 2,758.16 23.38 32.69 112.04 44.12 35.40 70746 08/02/01 000325 UNITED WAY 000325 UW 001-2120 127.05 70746 08/02/01 000325 UNITED WAY 000325 UW 165-2120 8.75 70746 08/02/01 000325 UNITED WAY 000325 UW 190-2120 22.60 70746 08/02/01 000325 UNITED WAY 000325 UW 192-2120 .10 70746 08/02/01 000325 UNITED WAY 000325 UW 193-2120 2.20 70746 08/02/01 000325 UNITED WAY 000325 UW 194-2120 .50 70746 08/02/01 000325 UNITED WAY 000325 UW 280-2120 2.50 70746 08/02/01 000325 UNITED WAY 000325 UW 320-2120 5.00 70746 08/02/01 000325 UNITED WAY 000325 UW 330-2120 5.00 70746 08/02/01 000325 UNITED WAY 000325 UW 340-2120 .60 70747 08/02/01 VEGA, CHARLOTTE VELEZ, KIMBERLY VENGCO, ZEYNEP 004261 VERIZON CALIFORNIA 004261 VERIZON CALIFORNIA 004261 VERIZON CALIFORNIA 004261 VERIZON CALIFORNIA VILLANUEVA, THOF~S 003756 WHITE HOUSE SANITATION 000345 XEROX CORPORATION 81LLl 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI REFUND:TINY TOTS-CREATIVE BEG REFUND:SPORTS-MINI HAWKS CAMP REFUND:LEVEL 6/7 SWIM LESSONS JUL XXX-2626 PD SATELLITE STN JUL XXX-2676 GENERAL USAGE JUL XXX-3526 FIRE ALARM JUL XXX-9897 GENERAL USAGE REFUND:SPORTS-BB MENS LEAGUE JUL CLEANING SVC:BTRFLD STAGE JUN LEASE 240/460 COPIERS JUN INTEREST 240/460 COPIERS JUN LEASE 420 COPIER @ TOD JUN INTEREST 240/460 COPIERS JUN LEASE 240/460 COPIERS JUN P~)LED MAINT SUPPLIES JUN LEASE 420 COPIER @ TOD JUN LEASE 5800 COPIER JUN INTEREST 5800 COPIER JUL LEASE 420 COPIER @ STN 84 SALES TAX 70748 08/02/01 70749 08/02/01 70250 08/02/01 70750 08/02/01 70750 08/02/01 70750 08/02/01 190-183-4982 190-183-4982 190-1~6-4970 001-170-999-5229 320-199-999-5208 320-199-999-5208 320-199-999-5208 190-187-4961 190-180-999-5250 330-2800 330-199-999-5391 190-184-999-5239 330-199-999-5391 330-2800 330-199-999-5217 190-184-999-5239 330-2800 330-199-999-5391 001-171-999-5239 001-171-999-5239 70751 08/02/01 70752 08/02/01 70753 08/02/01 70753 08/02/01 70753 08/02/01 70753 08/02/01 70753 08/02/01 70753 08/02/01 70753 08/02/01 70753 08/02/01 70753 08/02/01 70753 08/02/01 70753 08/D2/01 35.00 82.00 55.00 200.40 24.96 72.31 76.18 40.00 50.00 55.47 570.05 100.06 468.61 1,634.11 3,690.82 124.56 1,824.35 557.12 208.02 15.60 CHECK AMOUNT 14,187.31 4,255.42 174.30 35.00 82.00 55.00 373.85 40.00 50.00 9,248.77 70754 08/02/01 003607 XPECT FIRST AID CRDT:IST AID SUPPLIES RETURNED 340-199-702-5250 111.98- 70}'54 08/02/01 003607 XPECT FIRST AID CRDT:IBT AID SUPPLIES RETURNED 340-199-701-5250 111.98- VOUCHRE2 CITY OF TEMEOULA PAGE 16 08/02/01 11:36 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK NUMBER 70754 70754 70754 70754 70754 70754 70755 CHECK VENDOR VENDOR DATE NUMBER NAME 08/02/01 003607 XPECT FIRST AID 08/02/01 003607 XPECT FIRST AID 08/02/01 003607 XPECT FIRST AID 08/02/01 003607 XPECT FIRST AID 08/02/01 003607 XPECT FIRST AID 08/02/01 003607 XPECT FIRST AID 08/02/01 ZDANOWSKI, SUSAN ITEM ACCOUNT ITEM CHECK DESCRIPTION NUMBER AMOUNT AMOUNT CRDT:IST AID SUPPLIES RETURNED 001-164-601-5218 FIRST AID SUPPLIES-AQUATICS 190-186-999-5301 CITY MALL FIRST AID SUPPLIES 340-199-701-5250 FIRST AID SUPPLIES-SMART PRGM 190-183-999-5372 FIRST AID SUPPLIES - PW 001-164-601-5218 FIRST AID SUPPLIES - PW )L~INT 001-164-601-5218 REFUND:LEVEL 1 SWIM LESSONS 190-I~-4970 111.98- 199.37 89.34 129.60 34.72 326.13 30.00 443.22 30.00 TOTAL CHECKS 732,761.48 VOUCHRE2 CITY OF TEMECULA PAGE 2 08/02/01 15:Z0 VOUCHER/CHECK REGISTER FOR ALL PER[OOS FUND TITLE 120 DEVELOPMENT IMPACT FUND TOTAL AMOUNT 45,000.00 45,000.00 VOUCHRE2 08/02/01 15:20 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER 70777 08/02/01 WOOOSIDE HOMES OF CALF~ REFUND:TRF SGNL DIF;MARG/VERDE 120-199-4243 ITEM AMOUNT 45,000.00 PAGE 1 CHECK AHOUNT 45,000,00 TOTAL CHECKS 45,000.00 VOUEHRE2 CITY OF TEMECULA PAGE 2 08/02/01 14:17 VOUCHER/CNECK REGISTER FOR ALL PERIOOS FUND TITLE 001 GENERAL FUND 190 COMHUNITY SERVICES DISTRICT 210 CAPITAL IMPROVEHENT PROJ FUND INFORMATION SYSTEMS SUPPORT SERVICES AHOUNT 802,799.32 5,375.00 97,966.54 12,201.20 14,670.00 TOTAL 933,012.06 VOUCBRE2 08/02/01 14:17 VOUCHER/ CHECK CNECK VENDOR NUMBER DATE NUMBER 70758 08/14/01 003706 70759 08/14/01 002187 70760 08/14/01 002541 70761 08/14/01 002900 70762 08/14/01 000164 70763 08/14/01 001056 70764 08/14/01 000945 70764 08/14/01 000945 70764 08/14/01 000945 70764 08/14/01 000945 70764 08/14/01 000945 70765 08/14/01 004144 70766 08/14/01 001189 70767 08/14/01 004152 70768 08/14/01 002256 70768 08/14/01 002256 70769 08/14/01 001999 70770 08/14/01 003697 70770 08/14/01 003697 70771 08/14/01 004029 70771 08/14/01 004029 70772 08/14/01 000267 70T'/3 08/14/01 000406 70773 08/14/01 000406 70773 08/14/01 000406 70773 08/14/01 000406 70774 08/14/01 003599 70775 08/14/01 003149 70775 08/14/01 003149 70776 08/14/01 003063 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR ITEM NAME DESCRIPTION AMBIENT AVL INC REPAIR CHAMBER PROJECTORS ANIHAL FRIENDS OF THE V JURE ANIMAL CONTROL SERVICES BECKER CONSTRUCTION SRV REPAIR:SiDEWALK/CURB @ OVRLD DANIEL MANN JORNSOM ESGIL CORPORATION EXCEL LANDSCAPE L P S COMPUTER SERVICE L P S COMPUTER SERVICE L P S COHPUTER SERVICE L P S COHPUTER SERVICE L P S COMPUTER SERVICE MINAGAR & ASSOCIATES, MURRIETA DEVELOPMENT CO O~HALLEY ENGINEERING CO P & D CONSULTANTS iRC P & D CONSULTANTS PITNEY BOt/ES FEB/MAR DESIGN SVCS:PALA PH II JUNE 2001 PLAN CHECK SVCS JUN LDSCP SVC:BALLFiELD PREP HP LASERJET 4100N HP LASERJET 4550N HP OFFICEJET G95 SALES TAX SALES TAX MAY/JUN PHOTO ENFORCENRT STUDY REPAIR SINK HOLE:R.C,/BTRFLD JUN SVCS:MARG RD WIDENING:9901 JUN TEMP BLDG INSPECTORS JUN TEMP BLDG INSPECTORS ACCOUNT NUMBER 320-199-999-5250 001-172-999-5255 001-164-601-5402 210-165-668-5802 001-162-999-5248 190-180-999-5212 320-1970 320-1970 320-199-999-5242 320-1970 320-199-999-3242 001-1~-602-5406 001-1~-601-5402 210-165-706-5804 001-162-999-5118 001-162-999-5118 ELECTRONIC SCALE/STAND:COPY CT 330-1940 PROJECT DESIGN CONSULTA MAY DSGN SVCS:MURRIETA CREEK 210-165-602-5802 PROdECT DESIGN CONSULTA CREOIT:REIMBURSABLE CHARGES 210-165-602-5802 R J H DESIGN GROUP INC MAR DSGN SVCS:AQUATIC FAC PHIl 210-190-170-5802 R J M DESIGN GROUP INC MAY DSGN SVC:AQUATIC FAC PHII 210-190-170-5802 RIVERSIDE CO FIRE DEPAR JAN-NAR 2001 FIRE SERVICES 001-171-999-5251 RIVERSIDE CO SHERIFFS D 00~1 NEW DEFTYFLDTRAIN-VAR. RIVERSIDE CO SHERIFFS D 0~01 NEW DEFTYFLD'mAIN-VAIL RIVERSIDE CO SHERIFFS D JUNE 2001 BOOKIRG FEES RIVERSIOE CO SHERIFFS D JUNE 2001 BOOKING FEES 001-170-999-5323 001-170-999-5323 001-170-999-52T3 001-1990 T Y LIN INTERNATIONAL JUN DSGN SVCS:R.C.BRIDGE WIDEN 210-165-710-5802 TERRA CAL CONSTRUCTION PRGS PMTffS:VIA MONTEZUMA:99-15 210-165-707-5804 TERRA CAL CONSTRUCTION RET.W/B PMT#3:MONTEZUMA:99-15 210-2035 WEAVER PACIFIC PUBLICAT AD-ANAHIEM CONV./VISITOR MAG. 001-111-999-5270 ITEM AMOUNT 5,252.40 9,430.26 16,875.00 7,361.90 8,418.37 5,375.00 3,234.00 2,439.00 ~1.00 425.48 59.32 10,018.00 18,476.31 6,340.80 6,733.50 10,621.10 14,670.00 6,807.15 305.32- 17,242.55 5,590.80 467,339.33 117,056.00 117,056.00 3,936.00 6,883.20 24,841.89 33,429.75 3,342.98- 9,956.25 PAGE 1 CHECK AMOUNT 5,252.40 9,430,26 16,875.00 7,361.90 8,418.37 5,375.00 6,948.80 10,018.00 18,476.31 6,340.80 17,354.60 14,670.00 6,501.83 22,833.35 467,339.33 244,931.20 24,8/.1.89 30,086.77 9,956.25 TOTAL CHECKS 933,012.06 ITEM 4 APPROVAL CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Genie Roberts, Director of Finance-~ August 14,2001 City Treasurer's Report as of June 30, 2001 PREPARED BY: Tim McDermott, Assistant Finance Director ~ Pascale Brown, Senior Accountant ,f'~ RECOMMENDATION:That the City Council receive and file the City Treasurer's Report as of June 30, 2001. DISCUSSION: Reports to the City Council regarding the City's investment portfolio, receipts, and disbursements are required by Government Code Sections 53646 and 41004 respectively. Attached is the City Treasurer's Report which provides this information. The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of June 30, 2001. FISCAL IMPACT: None Attachments: 1. City Treasurer's Report as of June 30, 2001 City of Temecula City Treasurer's Report As of June 30,200'1 Cash Activity for the Month of June: Cash and Investments as of June 1, 2001 Cash Receipts Cash Disbursements Cash and Investments as of June 30, 2001 $ 67,468,739 3,714,458 (5,385,623) $ 65,797,574 Cash and Investments Portfolio: Maturity/ Termination Type of Investment Institution Yield Date Petty Cash City Hall n/a General Checking Union Bank n/a Sweep Account Union Bank 2.960 % (Money Market Account) (Highmark U.S. Treasury) Benefit Demand Deposits Union Bank n/a Local Agency Investment Fund State Treasurer 4.958 % Certificate of Deposit Community Bank 4.350 (Retention Escrow) Various U.S. Bank Various (Retention Escrow) Checking Account Union Bank (Parking Citations) Trust Accounts- CFD 88-12 U.S. Bank (First Am. Treasury) 3.630 % (Money Market Account) Reserve Account- CFD 88-12 CDC Funding Corp 5.430 % 9/1/2017 (Investment Agreement) Delinq. Main. Reserve Account - CFD 88-12 CDC Funding Corp 5.422 % 9/1/2017 (Investment Agreement) Trust Accounts- CFD 98-1 U.S. Bank (First Am. Treasury) 3.630 (Money Market Account) Reserve Account- CFD 98-1 State Treasurer 4.958 % (Local Agency Investment Fund) Trust Accounts-TCSD COPs U.S. Bank (First Am. Treasury) 3.630 % (Money Market Account) Reserve Account-TCSD COPs Bayerische Landesbank 6.870 % 10/1/2012 (Investment Agreement) Trust Accounts-RDA Bonds U.S. Bank (First Am. Treasury) 3.630 % (Money Market Account) Reserve Account-RDA Bonds Bayerische Landesbank 7.400 % 2/1/2013 (Investment Agreement) Contractual/ Market Value PaEBook Balance 1,500 $ (2,068,717) 2,484,000 (185) 59,669,263 276,814 249,044 4,723 252,602 1,531,469 500,000 626 943,400 291 502,690 1,114 1,448,920 1,500 (2,068,717) (1) 2,484,000 (165) (1) 59,669,263 (2) 276,814 249,044 4,723 252,602 1,531,469 500,000 626 943,400 291 502,890 1,114 1,448,920 $ 65,797,574 (1)-This amount is net of outstanding checks. (2)-At June 30, 2001 total market value (including accrued interest) for the Local Agency Investment Fund (LAIF) was $55,175,428,123. The City's proportionate share of that value is $59,802,774. All investments are liquid and currently available. The City of Temecula's portfolio is in compliance with the investment policy. Adequate funds will be available to meet budgeted and actual expenditures of the City of Temecula for the next six months. ITEM 5 CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Genie Roberts, Director of Financ~('~/' August 14, 2001 Purchase of City Vehicles Prepared by: Gus Papagolos, Fiscal Services Manager RECOMMENDATION: That the City Council approve the purchase of: 1) One (1) 2001, Ford Ranger from Rancho Ford 2) Two (2) 2001, Ford ~ ton 4WD pick up trucks from Rancho Ford 3) One (1) 2001, Chevrolet % ton 4WD, 4 door pick up truck from Paradise 4) One (1) 2001, Ford utility truck from Rancho Ford $16,856.26 $45,035.28 $31,317.98 $54,825.00 DISCUSSION: The adoption of the 2001/02 annual Operating Budget approved the funding for the purchase of these five (5) vehicles. Four of these vehicles are additions to the current fleet and will be used by Fire, Public Works and the Community Services District. One vehicle is a replacement vehicle for the electric Ford Ranger pick-up truck used by Code enforcement. On July 3, 2001, City staff met with the local dealerships to announce the Request for Proposal (RFP) for the purchase of City vehicles and mailed the RFPs to six (6) local dealerships (see attached vendor list). Three (3) local dealerships provided a bid response to the RFP. The specifications called for a bid to be placed on model year 2001 vehicles that could be delivered within a 60 to 90 day period. Based on previously purchased vehicles the below bids are considered competitive and are recommended by staff. The purchase of these vehicles will satisfy the vehicular requirements for the identified department. The following are the bid results: Fire Vehicle: Dealer Vehicle / Model Price Rancho FoR Ranger Mid Size Pick Up $16,856.26 Norm Reeves Dodge Dakota Mid Size Pick Up $19,199.20 Planning Vehicles (Code Enforcement, 2 Trucks): Dealer Rancho Ford Paradise Chevrolet Norm Reeves Dodge Vehicle / Model two (2) % ton full size 4WD two (2) % ton full size 4WD two (2) % ton full size 4WD Price $22,517.64 (each) $25,024.93 (each) $27,657.80 (each) Community Services Vehicle (Maintenance): Dealer Vehicle / Model Price Rancho Ford % ton full size extended cab 2Door $22,558.49* Paradise Chevrolet % ton full size 4WD 4Door $31,317.98 * This bid was made in error and was for a vehicle that will not meet the City's requirements, therefore it was not considered. Public Works: Dealer Vehicle / Model Price Rancho Ford 1 ton UtilityTruck $54,825.00 FISCAL IMPACT: Adequate funds are available in the Fiscal Year 2001-02 Operating Budget for the total vehicle purchase amount. Attachment: Vehicle Vendor List Vehicle Vendor List Paradise Chevrolet 26845 Ynez Road Temecula, CA 92591 Rancho Ford 26895 Ynez Rd Temecula, CA 92591 Temecula Valley Toyota 26631 Ynez Road Temecula, CA 92591 Norm Reeves Super Group 26755 Ynez Road Temecula, CA 92591 Carriage Motor Company 41872 Motor Car Parkway Temecula, CA 92591 Nissan of Temecula 41895 Motor Car Parkway Temecula, CA 92591 ITEM 6 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Susan W. Jones, CMC, City Clerk "--'August 14, 2001 Records Destruction Approval APPROVAL CITY ATTORNEY FINANCE DIRECTO~,R4--./~ ~ CITY MANAGER ~_--_.~/ PREPARED BY: gwyn R. Flores, Records Coordinator RECOMMENDATION: Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. BACKGROUND: On March 22, 1992, the City Council approved Resolution No. 92-17 which authorizes the destruction of certain City records which have become outdated, obsolete or are excess documents, in compliance with State of California Government Code, Sections 34090 through 34090.7. Attached Exhibit A, lists records from the City Clerk Department, consisting of 1991-1993 contract files, 1989-1996 bid files, 1997 Council & Commission Agendas and 1989-1996 Certificates of Insurance. These records have been imaged and identified within Group V of the Records Retention Schedule. Attached Exhibit B, lists records from the Finance Department consisting of FY96197 Accounts Payable Invoices. These records have been imaged and identified with group XII of the Records Retention Schedule. Attached Exhibit C, lists records from the Building and Safety Department consisting of vadous years of residential building permits. These records have been imaged and identified with group IV of the Records Retention Schedule. The imaging of these records complies with the requirements of Government Code Section 340903,5. The City attorney has reviewed this request and has signed the Exhibits, as provided for in Resolution No. 92-17. ATTACHMENTS: Destruction of Records Request, City Clerk Department Exhibit A, List of Records recommended for destruction Destruction of Records Request, Finance Department Exhibit B, List of Records recommended for destruction Destruction of Records Request, Building & Safety Department Exhibit C, List of Records recommended for destruction TO: FROM: DATE: SUBJECT: Susan W. Jones, CMC, City Clerk Gwyn R. Flores, Records Coordinator August 14, 2001 Request for Destruction of Records Attached Exhibit A is a listing of records maintained in the City's City Clerk Department. These documents have been identified in Group V & III and are eligible for destruction in accordance with the City of Temecula's approved Retention Policy as outlined in "Exhibit 1", Schedule A, of Resolution No. 92-17. The undersigned have reviewed and approved this destruction request. Pursuant to the requirements of Government Code Section 34090.5, I hereby give my consent to the destruction of records under the direction of the City Clerk pursuant to the City of Temecula's adopted Destruction of Obsolete Records Policy. APPROVED: ~ Department Head:/~ [. Susan~W, Jones,[CMC, ~ Cle~ D~ APPROVED: City Attomey: ~)ate (~ / EXHIBIT "A" CITY OF TEMECULA RECORDS MANAGEMENT DESTRUCTION FILE REPORT Document Date Item Brief File Refemnce~ Storage Media Reference Reference DescriplJon Security Class Storage LocalJon 120 1991-1993 602-00 Contract & Group V N/A Agreement Files 120 1989-1996 601-03 Bid Files G~oup V N/A N/A 120 1997 701-02 City Council Group III Agendas 120 1997 701-23 Commission Group Ill N/A Agendas 120 1989-1996 305-01 CerElcates of Group V N/A Insurance ~.xm~BIT A CITY OF TEMECULA LIST OF AGREEMENTS FOR DESTRUCTION 1990 90-A SD County of Riverside Assistance with Service Contracts 90-AA SD Bedford Development Company License Agreement for City Limit Signs 90-01 D City/-I'emecula Valley Unified School District Use of Facilities Agreement 90-02 D Dept. of Ca{if. Highway Patrol Agreement for Traffic Enforcement 90-03 D Riverside County Health Department Health Services 90-04 D Paul CSD 90-05 D Jim Judge Consultant in area of Personnel & Labor Relations 90-06 D Windsor Properties City Hall Net Office Lease 90-07 D County of Riverside Maintenance of Traffic Signals 90-08 D County of Riverside Street Maintenance Services 90-09 SD County of Riverside/CSD Operation of TCSD 90-10 D Willdan Building Plans Examining Services 90-t 1 D Marlborough/CSD Maintenance of Parkways 90-13 SD County of Riverside Fire Services 90-14 SD County of Riverside General Services Agreement 90-15 D All City Management - EXTENSION 03-13-91 Private Security Traffic Control Program 90-16 D Dickson Company Street Sweeping Agreement 90-18 D Willdan Engineering/Traffic and Planning 90-19 D One Step Maintenance Janitorial Services 90-20 D Margarita Village Dev. Maintenance of Parkways 90-21 D Hinderliter Sales Tax Audit 90-22 SD Bedford Reimbursement Agreement 90-23 D Davlin Recording Council Meetings 90-24 SD David F. Dixon City Manager's Contract 90-25 SD Rancho Ca Water, County of Riv/Tayco/City Joint Funding Agreement CFD 88-3 90-27 D City/Caltrans Freeway Maintenance Agreement 90-28 SD Riverside County/City/Bedford Riverside County Flood Control and Water Agreement 90-29 SD Riverside County Animal Control Agreement 90-30 SD Riverside County 3-year Cooperative Agree. Community Dev./Block G rants Records\List of Agreements for Destruction 1 90-31 SD Riverside County Law Enforcement Services 90-32 D Riverside County Call-ID Systems Agreement 90-33 SD Calif. Dept. of Fish & Game Stephen's Kangaroo Rat 90-34 D C.M. "Max Gilliss Temporary Letter Agreement Admn. of Mello Roos 90-35 D Ranpac Engineering Corp. Design of Interim Improv. Winchester/Nicolas Rd. 90-38 SD Xerox Copier Lease Agreement 90-41 D Information for Public Affairs (IPA) "CITYLINK" - Bill tracking, electronic mail, etc. 90-42 D Lightfoot Planning Inventory of Approved Development Projects 90-43 D CSA-143 Extension of Landscape Maint. Agr. 90-44 D Management Resource Associates 125 Plan 90-45 SD PERS/City Retirement 90-46 SD County of Riverside Memo of Understanding re: Waste Management 90-47 SD Temecula Valley Unified School District/City Additional Limited Police Protection 90-49 D Morningstar Musical Prod. Christmas Party 90-50 D John McTighe Gann Limit Review 90-51 D Reedcorp Engineering Sports Park and TVHS Lighting System Project 90-55 SD Western Riverside Assoc. of Govn. (WRCOG) Joint Powers Agreement 90-56 SD J.F. Davidson Engineering Services for CFD-88-12 Ynez Road Corridor 90-57 D State of California/William B. Sleeter Property Data Consultant 1991 91-01 SD County/City of Temecula Community Development Block Grants/Sam Hicks Park 91-02 SD CalTrans/City Signals at 1-15 and Rancho Calif. Road 91-04 D Assured Electrical/CSD Phase I Ball field Lighting 91-05 D John P. Neet, MAI/CSD Inspection and Appraisal Services 91-06 D Accurate Landscape & Maintenance Landscape services Services 91-08 D Robert E. Brotherton Architects (RBA) Sports Park Restroom and Snack Bar 91-09 D Ranpac Soils, Inc. Soils Engineering Guidelines Sports Park Lighting 91-10 D Willdan/John Wisz Preparation of Plans & Specs for Phase II (PURCHASE ORDER) Ball field Lighting Records\List of Agreements for Destruction 2 91-11 D Tim Sullivan Graffiti Removal Service Graffiti Removal 91-13 D CalTrans Design/Construction/Landscape at (ALSO CHECK 91-002 for SIGNALS) 1-15/Rancho California Road (3 Contracts) 91-14 D Margarita Officials Association Provide Officials for CSD Spods Events 91-15 D Artesia Implement Tractor Lease 91-16 D MacKenzie Landscape Landscape Services 91-17 D California Landscape Maintenance Inc. Landscape Services 91-18 D Muni Financial Services, Inc. TCSD Assessment Audit 91-19 D California Landscape Installation of Two Tot Lots Sand and Curbing 91-20 D Southwest Fence Co. Installation of Woodcrete 3-Rail Fencing System for La Serena Park 91-21 D Assured Electrical Contractors Phase II Lighting Project - CSD 91-22 D R.J. Noble Company Sam Hicks Park Street Improvements 91-23 D Purkiss Rose Master Plan for TCSD 91-25 D Temecula Valley Unified School District Joint Facility Use Agreement (TVUSD) 91-26 SD Bedford Properties Standstill Agreement/Quimby Fees 91-27 SD Bedford Properties Standstill Agreement/Permit Fees 91-28 D C & C Grading & Paving Temporary Emergency Street Repair Services 91-29 D Ramtek Contractors, Inc. Temporary Emergency Street Repair Services 91-30 D Space Saver System, Inc. Space Saver Filing SystemNault (aka: McMurray-Stern) 91-32 SD County of Riverside RDA Agreement/Pass Through Agreement 91-33 D Chamber of Commeme Provide public relations and promotional services to City 92 Renewal 91-34 D Roberts Sign & Lighting Service Provide and install flag pole at City Hall 91-35 SD Johnson Tractor Company Memo of Understanding Johnson Ranch 91-36 SD Ranpac French Valley Memo of Understanding 91-37 SD Sales Tax Agreement for Ynez Corridor Agreement Regarding Sales Tax Revenues for Businesses within the CFD 88-12 Ynez Corridor 91-39 D AEI Security, Inc. Alarm System Agreement 91-40 SD Murrieta Springs Memo of Understanding 91-41 SD Rancho California Spa & Country Club Memo of Understanding 91-42 SD Rancho California Spa & Country Club I1-1 Memo of Understanding Records\List of Agreements for Destruction 3 91-43 SD Rancho California Spa & Country Club 11-2 Memo of Understanding 91-44 SD Johnson, Allen & Kinney Memo of Understanding 91-45 SD Murrieta Hot Springs Country Club Memo of Understanding 91-46 SD Rancho California Dairy Associates and Memo of Understanding Ranch California Dairy Associates #2 91-47 SD Rancho Core Associates No. 2 Memo of Understanding 91-48 SD Rancho California City Associates I Memo of Understanding 91-49 SD Rancho California City Associates II Memo of Understanding 91-50 SD Rancho Core Associates No. 1 Memo of Understanding 91-51 D GTEL City Hall Telephone Equipment Lease 91-52 SD Temecula Museum Foundation Lending Agreement 91-53 SD Costco Memo of Understanding, Owner Participation Agreement and Sales Tax Allocation Agreement 91-54 D Temecula Valley Unified School District Use of Facilities/No Cost Refuse and Recycling Services 91-55 D Old Town Temecula Merchants Association Farmer's Market Loan 91-56 D The Planning Center General Plan Contract 91-57 D Temecula Community Center Usage Agreement 91-58 SD CalTrans Memo of Understanding - Access to Winchester Rd. and State Route 79 South 91-59 SD Riverside County Flood Control National Pollutant Discharge Elimination System (NPDES - Santa Margarita Drainage Area) First Amendment 05-26-92 91-60 D Mahr Construction Sports Park Restroom & Concession Bldg. 91-61 SD Silverwood-Temecula, H.R. Remington Parkland Donation Agreement 91-62 SD Temecula Redevelopment Agency/City Redevelopment Administrative and Revolving Funds 91-64 D Advanced Cardiovascular Systems, Inc. Traffic Signal Agreement - Motor Parkway & Ynez Road 91-65 D Kleinfelder/Mike Perry Consulting/CR&R Franchise Agreement will pay costs 91-66 D Geotechnicat & Environmental Engineers, Preliminary Geotechnical investigation - Inc. Sports Park Concession Stand (Amendments - Margarita Rd., West of Moraga, & Veterans Park) 91-67 D Eric E. Thompson Agreement for Selling of Food (Hot Dog Stand) 91-68 D Forma (Planning Consultant) Professional Services Agreement Planning Dept. Records\List of Agreements for Destruction 4 91-69 SD County of Riverside/City Riverside County Habitat Conservation Agency (RCHCA) Agreements (Contract file #94-02 is fifth amendment dated 1/11/94) 91-70 D Laursen & Laursen Electrical Contractors Rancho California Road Bridge Lighting Repair 91-71 SD Boys & Girls Club Loan 91-72 D California Landscape Slope and Park Maintenance City Wide 91-73 D William B. Sleeter Property Valuation and Classification Study 91-74 D Stein¥ & Company Towne Center Signal 91-75 D Ramtek Contractors Street Maintenance Program 1992 Renewal 91-76 D ESGIL Corporation Plan Check Services 91-77 D Geotechnical Environmental Engineers, Inc. Environmental Assessment - NW of 6th St North of Mercedes St. 91-78 D Campbell's Lighting, Sign & Electrical Sports Park Rancho Vista Parking Lot Services Lighting 91-79 SD State of Calif. Department of Transportation City/State Electrical Agreement for Traffic CalTrans Signals and Safety Lighting 91-80 D Graffiti Removal, Inc. Graffiti Removal Services 91-81 D Maloney Specialties, Inc. Furnish and Install (5) Restroom Privacy Doors and (5) Restroom Pilasters at Rancho California Sports Park Existing Restroom 91-82 D Robert Bein, William Frost & Associates Storm Drain Improvement Plans 91-84 D Robert Bein, William Frost & Associates Design Contract for Street and Drainage Improvements for Margarita Road from Winchester Road to General Kearney Rd. 91-85 SD Bedford Development Company Cooperative Agreement - Design & Construction of Traffic Signal at intersection of Winchester and Margarita Roads 91-86 SD Bedford Development Co., Marlborough Margarita Village Specific Plan/Rancho Development Corp., Margarita Village California Road Reimbursement Development Co. & Tayco Agreement 91-87 D The Californian Award of Bid for Recreation Brochures 91-88 D John McTighe & Associates User Fee Cost Recover,/Program Study 91-89 SD Bedford Development Company Memorandum of Understanding - First Sale of Bonds - CFD 88-12 Records\List of Agreements for Destruction 5 91-90 D Geotechnical & Environmental Engineers, Preliminary Geotechnical Investigation & Inc. Phase I Environmental Assessment; Rancho Vista Road - ClP Project #129 (91029) 91-91 SD Xerox Lease Agreement for 5100 Model 91-92 D Robert E. Brotherton (RBA) Provide Structural Engineering, Civil Engineering and Architectural Changes for Sports Parks Restroom & Concession 91-93 D Jennaco Cleaning maintenance for City Hall and Police Dept. 91-94 D Geotechnical & Environmental Engineers, Preliminary Geotechnical Invest. & Phase I Inc. Environmental Ass. - Rancho Vista Road (ClP Project #129) 91-95 D Melad and Associates, a Plan Review Plan Review Consultant Corporation 91-96 D MGM Associates, a Plan Review Corporation Plan Review Consultant 91-97 D VanDorpe Chou Associates, Inc. Plan Review Consultant 91-98 SD Agreement to Sell Property, Front Street Rosewood Escrow Corporation 91-99 D Robert Bein, William Frost & Associates Evaluate improvement cost for road connection from Rancho CA Road northerly to Nicolas Road 1992 92-01 D John McTighe & Associates Analyses of Structural Fire Tax in Relation to the City 92-02 D Campbell's Lighting Sign & Electrical Repair for Street Lighting in Old Town and Services Surrounding areas. 92-03 D Franklin C. A Stuart Address Numbering Service 92-04 D Lewis Valley Contractors Remove Sediment in Empire Creek from 1- 15 to Murrieta Creek 92-05 SD Temecula Balloon and Wine Festival Loan to the Temecula Valley Balloon and Association Wine Festival Assoc. 92-06 D Robert Bein, William Frost & Associates Prep of legal description, improvement plans and cost estimate to extend Margarita Road with Ultimate Street Improvements 92-07 D RJM Design Group, Inc. Conceptual Schematic Design Drawings CRC Project 92-08 D Olson-Dodd Final Touch Marketing. City Promotional Program 92-09 SD Owner Participation Agreement between $50,000 Grant for Seismic Retrofitting Redevelopment Agency and California Curves (CCI) Records\List of Agreements for Destruction 6 92-10 D Alhambra Group Design Contract for Landscape Amhitect Services in Conjunction with the Ynez Corridor (CFD 88-12) 92-11 SD Redevelopment Agency Cooperative Agreement between City/RDA regarding Auto Mall Project (Storm Drain Facilities - Toyota of Temecula) 92-12 SD County of Riverside Supplemental Agreement for the Use of Community Development Block Grant Funds (CDBG - 17th Year) 92-13 SD Bedford Development Company/Mesa Memorandum of Understanding Homes/City (Paloma del Sol) 92-14 D W. Dean Davidson A.I.A. & Associates Conceptual Plans and Specs for Senior Center 92-15 SD Book Publishing Company (BPC) Codification and Publication of the Code of Ordinances 92-16 D John P. Neet, MAI Formal Appraisal on Eastern Portion of Assessors Parcel No. 909-120-018 - RDA Project. 92-17 SD Atwood and Andrews Development Acquisition Agreement/RDA (Toyota of Temecula) (Drainage Facilities) 92-18 D Hinderliter/De Llamas and Associates Property tax and economic analysis 92-19 D NBS/Lowry, Incorporated Preliminary Route Design for the Western Bypass Corridor 92-20 D Southcreek Mall Lease - The Mary Mitchell Lease of facility for Temporary Teen Estate Center 92-21 D Margarita Officials Association Provide Officials for Sports Events 92-22 D J.F. Davidson Associates, Inc. Land Surveying Construction Survey for PW 91-03 Rancho California Road 92-23 D Ronald L. Smith Assist Blue Ribbon Committee on assessing Development Services by reviewing current procedures 92-24 D Oliver Brothers PW 91-03 Rancho California Road Benefit District 92-25 D County of Riverside Sam Hicks Park Improvements (Corner of Moreno Road and Mercedes St.) 92-26 SD Tomond Properties CFD 88-12 Sales Tax Agreement Between with Tomond Properties 92-27 D Urban Design Studio Prepare Specific Plan for Old Town 92-28 SD County of Riverside Animal Control Agreement (Supersedes 90-29) 92-29 SD County of Riverside Cooperative Agreement to Permit Issuance of Mortgage Credit Certificates in Lieu of Bonds Records\List of Agreements for Destruction 7 92-30 D Inland Asphalt & Coatings Construction of Concrete Sidewalks at Rancho, Vail and Temecula Elementary - Street Improv. on Margarita and Moraga Roads 92-31 D Harold F. Greek Horticulture/Landscape Consultant Review of landscape and irrigation plans as needed 92-32 SD Temecula Valley Unified School District Memo of Understanding implementing the (TVUSD) D.A.T.E. Program 92-33 SD Jack and Mary Davis License Agreement for use of flood Control Parcel as Required for Permanent Certificate of Occupancy 92-35 D Leighton and Associates Professional Services Contract for Geotechnical Services on the Rancho California Road Benefit District Project (PW 91-03) 92-36 D NBS/Lowry Professional Services Contract for Land Surveying Services on the Street and Sidewalk Improvements at Various Schools Project (PW 92-01) 92-37 D NBS/Lowry Construction Management Contract for Rancho California Ramp Widening (PW 91-04) 92-38 SD County of Riverside/Flood Control Flood Control Agreement for Long Valley Wash 92-39 D Dean Davidson, A.I.A. & Associates Senior Center Construction Documents 92-40 D Oliver Brothers PW 91-04 1-15 at Rancho California Road Off Ramps and Signals 92-41 D Robert Bein, William Frost & Associates Design of Interim Margarita Road from Solana Way to Winchester Road 92-42 D Robert Bein, William Frost & Associates Design of Margarita Road from Solana Way to Winchester Road (Southern Portion) 92-43 D Law/Crandall, Inc. Geotechnical Soils Testing Services on the Street and Sidewalk Improvements at Various Schools Project (PW 92-01 ) 92-44 D Rober~ Bein, William Frost and Associates Revision to approved Rancho CA Road Benefit District, Improvement Plans due to an inability to obtain easements. 92-45 D Bruce Stewart Address Numbering Service 92-46 SD Temecula Valley Unified School District Resource Officer Agreement 92-47 D Los Angeles County, Orange County Public Works Mutual Aid Agreement 92-48 D Temecula Town Association License Agreement 92-50 D Works Striping & Marking Service, Inc. Initial Bike Way Project Records\List of Agreements for Destruction 8 92-51 SD County of Riverside, Department of Vector Control Services Environmental Health Services 92-52 SD County of Riverside, Eastern Municipal Joint Financing and Acquisition Agreement Water District, Tomond Properties CFD 88-12 (Ynez Corridor) 92-53 SD County of Riverside Joint Financing Agreement Between Community Facilities District No. 88-12 of the County of Riverside and the City of Temecula 92-54 D Fieldman, Rolapp and Associates TCSD/Financial Advisor to Evaluate Bond Capacity- Contract Issuing Bonds 7/31/92 92-55 SD Eden Systems, Inc. Licensing Agreement Finance/Accounting Software 92-56 SD County of Riverside Settlement of Dispute Regarding Development Processing Fees 92-57 D J.F. Davidson Associates, Inc. Professional traffic engineering services 92-58 D Geotechnical & Environmental Engineers, Proposal for Geotechnical Services Inc. Analysis of De-Silting Fill Adjacent to Sports Park Complex, Temecula, California. 92-59 D Fieldman, Rolapp & Associates RDA - Financial Advisor to perform a bond capacity study. Contract Issuing Bonds 7/31/92 92-60 D Trans-Pacific Consultants, Inc. Rich Valdez (Schedule, coordinate, supervise and conduct pothole survey of existing gas mains.) 92-62 D Esgil Corporation Primary Plan Review Services 92-63 D Vandorpe Chou Associates, Inc. ' Plan Review Services 92-64 D Melad and Associates Plan Review Services 92-65 D Sierra Computer Systems Permit Software Package & Maintenance Agreement 92-66 D Villages Homeowners Association Agreement for Maintenance of Landscape 92-67 D Bruce Stewart Address Numbering Service 92-68 D Davlin Video and Audio Taping of City Council Meetings and Planning Commission 92-69 D Barbie's Dogs - Barbara Thompson Food Vendor for special events 92-70 SD Temeka Advertising "Kiosk" Sign Program - License Agreement 92-71 D Bedford Development Company Reimbursement Agreement for Consultant Services (Steve Jiannino) 92-72 D NBS/Lowry Professional Engineering Services Interchange Study on 1-15 north of Winchester 92-73 D Ramtek Contractors Inc. Construction of street and sidewalk improvements on Sixth Street, PW92-02 Records\List of Agreements fo~ Destruction 9 92-74 D Leighton and Associates Geotechnical Services on the Sixth Street Project, PW92-02 92-75 D Robert Bein, William Frost and Associates Survey Services on Sixth Street (RBF) 92-76 SD Cable News Network Personal Viewing License Agreement 92-77 D R.J. Noble Company Construction of Road Extension Interim Improvements, PW92-04 92-78 D Wimmer Yamada Associates Design Services - Pala Road Park Project 92-79 D Temecula Valley Unified School District Pool Lease 92-80 D Trans-Pacific Consultants Survey and certify accuracy of proposed mass grading fill for Community Recreation Center (CRC) 92-81 D Orange County Striping Service, InD. FY92-93 Street Stenciling & Striping Program 92-82 D Rick Engineering Company Margarita Road Extension Interim Improvement, PW 92-04 92-84 D Alhambra Group Design Services, construction documents and project administration for the Riverton Park Site 92-85 D R.W. Cash Construction Engineering Mass grading contract for Phase I of the Community Recreation Center (CRC) 92-87 D Law Crandall, Inc. Geotechnical Observation and Testing Services for PW 92-04 - Margarita Road Extension and Interim Improvements 92-88 D Best, Best & Krieger San Bernardino Valley Audobon Society (4-0-1) Councilmember Parks absent. City of Moreno Valley Lawsuit - Agreement to defend member agencies 92-89 D Edward Wentz Entertainment for Commissioner's Banquet 92-90 D Trans-Pacific Consultants, Inc. Professional Engineering Services De- Silting Basin at Rancho California Sports Park 92-91 D Robert Bein, William Frost and Associates Research and Mapping Services 92-92 D The Lightfoot Planning Group Irrigation Plans, drinking fountain 92-93 D Law/Crandall, Inc. Geotechnical Services for Margarita Road Extension Interim Improvement, PW 92-04 92-94 D Leighton and Associates, Inc. Proposed Pala Road Park Site, Tract 21067-1 - Geotechnical Investigation 92-95 D Anthony J. Terich Extension of Time to Pave Parking Lot 92-96 D The Alhambra Group Master plan, construction documents and professional services for landscape development of Loma Linda Park Site Records\List of Agreements for Destruction 10 92-97 D Mentone Turf Supply Install irrigation system Loma Linda Park Site 92-98 D Lewis Valley Contractors, Inc. Site Grading and install concrete walking paths - Loma Linda Park Site 92-99 D Leighton and Associates Geotechnical soils testing on the Community Recreation Center, PW 92-029 92-100 D NBS/Lowry, Incorporated Land Surveying Services on the Community Recreation Center Project, PW 92-029 92-101 D County of Riverside Lease of Breathing Apparatus Vehicle 92-102 D Alhambra Group Landscape development plans for Avenida De La Reina Park 92-103 D Rogers Engineering Topographic Survey for Pala Road Park 92-104 D California Department of Fish and Game Stream bed Alteration Agreement 5-494-92 92-105 D County of Riverside Tolling the Statue of Limitations for the City of Temecula to Bring an Action Against the County of Riverside 92-106 D Dwight, French & Associates Pavement Management System 92-107 D Tierra Madre Consultants, Inc. Biological Assessment for 29 acre Pala Road Park site 92-108 D California Landscape Grading, installation of irrigation and provision for proper drainage - Northeast portion of Rancho California Sports Park - area surrounding "tot lot" 92-109 D Concise Construction Corporation Building Construction portion of Project No. CSD 92-03, the Temecula Valley Senior Center 92-110 D I.P.S. Services, Inc. Grading and Parking Portion of Project No. CSD 92-03, The Temecula Valley Senior Center 92-111 SD State of California/Department of Water Agreement under the Urban Creek Resources/U.R.G.E. Restoration and Flood Control Act (The Union for a River Greenbelt) 92-112 SD Keith L. McCann, Jr., and Lou Kashmere Owner Participation Agreement 92-113 SD County of Riverside Economic Development Community Development Block Grant Agency Funds - CDBG Funds 18th Year 92-114 SD Temecula Valley Unified School District Community Partnership Demonstration Office for Substance Abuse Prevention Grant Memorandum of Understanding 92-115 D California Landscape Tot Lot Renovation - Rancho California Sports Park (Phase II) 92-116 D Alexander Traffic Signal/Lighting Company Modification of existing traffic signal at Jefferson Ave. and Winchester Road Records\List of Agreements fo~ Destruction 1 1 92-117 D T.B. Penick & Sons, Inc. Construction Contract for Phase II of the Community Recreation Center (CRC) 92-120 D The EIliott Group Draft ordinance for City to meet water management plans required by AB 325 92-121 SD Chevron USA Products Co. Real Property License Agreement 1993 93-01 D Larue Painting Graffiti Removal 93-02 D Fencing By Buzz Installation of "Woodcrete" concrete fencing - Sports Park 93-03 D Robert Bein, William Frost & Associates Horizontal Control and Rough Grading Stakes - Senior Center 93-04 D Geotechnical & Environmental Engineering Inspection and Grading Control Senior Center 93-05 SD LSA Associates, Inc. Stephens Kangaroo Rat Habitat Assessment 93-06 D The Elliott Group Landscape Plan Review Services and Update City Standards as they Relate to Landscape Plan Review 93-07 D Vance Corporation of Rialto Construction of Ynez Road Widening from Rancho California Road to Palm Plaza, Project No. PW92-05 93-08 SD United States Fish and Wildlife Service, Amendment to Section 10(a) Permit (PRT- County of Riverside, Joint Cities 739678), Short-Term Habitat Conservation Plan for the Stephens' Kangaroo Rat 93-09 SD Riverside County Flood Control Emergency Funding Agreement 93-10 D CDBG/Assistance League of Temecula CDBG Recipient Agreement Valley 93-12 D Oakridge Landscape and Irrigation Loma Linda Park Improvements 93-14 D Golden State Fence Company Install Ballfield Fencing on North and South fields in the Rancho California Sports Park 93-15 D Daniel J. Mispagel, Real Estate Consultant Proposed Expansion of Temecula auto Center 93-16 D Final Touch Marketing - Kenneth Dodd 1993 City's Promotion/Marketing Program 93-17 D Carroll Landscape Construction Placement of Sand/Delivery of Materials to play areas 93-18 D Southern California Association of Membership Agreement for SCAG Governments (SCAG) 93-19 D H & D Entertainment Festival Agreement - Rides and booths for Teen Fest 93-20 D Jennaco Teen Center Cleaning Records\List of Agreements for Destruction 12 93-21 D Lekos Electric, Inc. Traffic Signal Installation at Winchester road (HWY 79N) and Margarita Road, PW 92-08 93-22 D Signal Maintenance, Inc. Traffic Signal Installation at Margarita Road and La Serena Way, PW92-06 93-23 D J.F. Davidson Associates, Inc. Land Surveying Services, PW92-05, Construction of Ynez Road Widening Project, CFD 88-12 93-24 D Law/Crandall Soils Testing - Construction of Ynez Road Widening Project CFD 88-12 93-25 D NBS/Lowry Project Coordinator - PW 92-05 Construction of Ynez Road Widening Project - CFD 88-12 93-26 SD State of California - Department of. Local Agency/State Agreement for Federal Transportation Aid Projects - Program Supplement 002 for Traffic Signal @ Winchester Rd. and Margarita PW 92-08 and Program Supplement 003 for Traffic Signal @ Margarita Road and La Serena Way PW 92-06 93-27 D Steven J. Ford Project Coordinator for CRC Community Recreation Center (Project No. 92-029B) 93-28 D Professional Services Industries Material Testing Services during construction of Community Recreation Center (CRC), Project No. 92-029B 93-29 SD State of California - Department of Forestry Lease Agreement for Parking Lot for and Fire Protection Temecula Valley Senior Center 93-30 D Robert Caran Productions July 4th 1993 Fireworks Show 93-31 D Kris Winchak Plan Check - Surveying/Land lanning 93-32 D First Interstate Bank Provide banking services 93-33 D The Presley Companies Parkland/Landscape Improvement Agreement 93-34 D NBS/Lowry Process grant application for CMAQ Funds 93-35 D Surety Indemnity Company of California Take over contract Oliver Brothers 93-36 D Muni Financial Services TCSD Assessment Administration Services 93-37 D NBS/Lowry 1-15 Corridor- Program Management 93-38 D Van Daele Development Corporation Parkland/Landscape Improvement Agreement 93-39 D Keyser Marston Associates, Inc. Consultant Firm (Real Estate) Records\List of Agreements for Destruction 13 93-40 D Campbell's Lighting, Sign & Electrical Parks Lighting Systems Maintenance Services, Inc. (Ballfields) 93-41 D California Landscape Landscape Maintenance Neighborhood Parks 93-42 D Excel Landscape(J & R Landscape) Landscape Maintenance - Slope Service Levels B & C, and A 93-43 D Pro-Scape Inc. Landscape Maintenance - Medians Service Area 93-44 D Fallbrook Landscape Landscape Maintenance - Slope Service Area A 93-45 D Accurate Landscape Landscape Maintenance - Community Parks 93-46 D Dix Development Parks and Recreation Fees and Land (JLD Properties & Barclay Estates) Dedication Deferral Agreement 93-47 SD Herman Weissker, Inc. License Agreement 93-48 D Quicksilver Enterprises Tenant Participation Loan and Security Agreement 93-49 SD County of Riverside - CDBG Cooperation Agreement - Block Grant Funds 93-51 D Smith Tractor Services Weed Abatement Services 93-52 D Rory Rieck Weed Abatement Services 93-53 D Economics Research Associates/City of Professional Services Agreement for "1993 Murrieta/City of Temecula Labor Force Analysis" 93-54 D Daniel J. Mispagel Consulting Services for Temecula Auto Park 93-55 D Muni Financial Services Contract · Assessment Administration services related to the TCSD rates and charges 93-56 D Davlin 1993- Video Contract for City Council/Planning Commission Meetings 93-57 SD Community Lutheran Church and the Pacific Settlement of Claim and Release Southwest District - Lutheran Church (Aisc in litigation files) Missouri Synod 93-58 SD Caltrans - State-Local Entity Master Agreement for Construction and Agreement No. SLTPP-5459 (cc received - maintenance of proposed projects before no original) State-aid will be made available. 93-59 SD Caltrans - Program Supplement No.'s 001, 001-Funding for Ynez Road Widening 002, 003, 005, 006, 007 Project002-Traffic Signal Winchester Rd & Margarita003-Traffic Signal Margarita & La Serena005-Traffic Signal Margarita & Avenida Barca006-15/215 Corridor Study007-Pala Road Bridge 93-60 SD Wal-Mart Stores, Inc. & the Redevelopment Disposition and Development Agreement Agency of the City of Temecula . Records\List of Agreements for Destruction 14 93-61 D Leighton and Associates Soils Testing - PW93-02 - Liefer Road Crossing 93-62 D McDaniel Engineering Structural Engineering Services PW 93-02 - Liefer Road Crossing 93-63 D NBS Lowry Civil Engineering Services, PW 93-02 Liefer Road Crossing, Construction Staking Services 93-64 SD County of Riverside Assessment District No. Improvement Funding Agreement 161 (Leo Roripaugh) (Winchester Properties) Roripaugh Property 93-65 SD Rancho California Water District Reimbursement Agreement (Avenida De Ventas Road Improvements) 93-66 D Bruce Stewart Street Address Numbering Service 93-67 D Boys and Girls Club Loan and Promissory Note 93-69 D Cunningham-Davis Riverton Park - PW 93-04CSD 93-70 D Leo Roripaugh/County of Riverside/City of Improvement Funding Agreement for Temecula Santa Gertrudis Creek Channel and Grading of Roripaugh Property 93-71 D Shoemaker Temecula Motorsports Park 93-72 D Central Security Systems, Inc. CRC Alarm System 93-73 SD County of Riverside - Economic Amendment to Supplemental Agreement Development Agency (EDA) for the use of Community Block Grant Funds (CDBG) 93-74 SD County of Riverside Agreement for Riverside County Abandoned Vehicle Abatement Service Authority 93-75 SD KRDC, Inc. Reimbursement Agreement for CFD 88-12 Ynez Road Widening PW92-05 93-76 SD Rancho California Water District Reimbursement Agreement for CFD 88-12 Ynez Road Widening PW92-05 93-77 D Chamber of Commerce FY 1993-94 Agreement 93-78 D Esgil Corporation Primary Plan Review Services FY 93-94 93-79 D VanDorpe/Chou and Associates, Inc. Plan Review Services FY 93-94 93-80 D Melad and Associates Plan Review Services FY - 93-94 93-81 D Gosney Construction Backhoe & Equipment Rancho Vista Road Sidewalk Improvements, PW 92-12 93-82 D Accurate Construction Inc. Jefferson Avenue Storm Drain Improvements at Winchester Road, PW93- 01 93-83 D Mike Monteleone Excavating Emergency Road Repairs due to Ramtek breach of contract - received from PW on 9/15/93 - Original Date 4/19/93 Records\List of Agreements for Destruction 15 93-84 D M & P Underground, Inc. Underground Utility and Joint Trench, PW92-029B 93-85 SD Temecula Valley Unified School District Working Arrangement for Additional Limited Police Protection 93-86 SD Temecula Valley Unified School District Drug Alcohol and Tobacco Education (D.A.T.E.) Program Memorandum of Understanding 93-87 SD Rancon Reimbursement Agreement CFD 88-12, Ynez Road Widening, PW 92-05 93-88 D Richard Gabriel Lease Agreement - Shared Yard Facility for Public Works and CSD 93-89 D NBS Lowry Professional Surveying Services for Construction of Solana Between Ynez Road and Margarita Road 93-90 D Temecula Valley Film Council Lending Agreement 93-91 SD Zev Buffman 93-92 D Nelson Paving Paving an Access Road and Repairing P.C.C. Sidewalk at Via Lobo Channel 93-93 D Monteleone Excavating Construction of Single Concrete Box Culvert Located at 28960 Ynez Road 93-94 D Monteleone Excavating Road Grading and Installation of three 36" x 40' CMP's at two locations on John Warner Road 93-95 D Central Security, Services, Inc. CRC Fire Alarm System 93-96 SD Costain Homes Settlement Agreement regarding Via Sevilla Street Failure 93-97 D Alhambra Group Landscape Architecture for Loma Linda Park Site (Phase Two) 93-98 D Kris Winchak Land Development Plan Check Services on an as needed basis. 93-99 D Monteleone Excavating Work Order No. 61, Street Maintenance, Additional 24" corrugated metal pipe located at 28841 Vallejo 93-100 D Kingsway Development Corporation Temecula Lane Reimbursement Agreement, Developer did not sign 93-101 SD Johnson Machinery Company - William R. Memorandum of Understanding Johnson Johnson Ranch 93-103 D Geotechnical & Environmental Engineers, Preliminary Geotec Investigation, Inc. Sam Hicks Monument Park 93-104 D Dean Davidson Furnish Architectural and Engineering Services for New Restroom and Snackbar Facility, Kent Hintergardt Park Records\List of Agreements for Destruction 16 93-105 D K.E. Patterson Company Liefer Road Bridge and Street Improvements, PW93-02 93-106 D Spancrete of California Install Pre-fabricated Concrete Bridge at Liefer Road Crossing 93-107 D J.F. Davidson Associates Design Services for Rancho California Sports Park Improvement Project 93-108 D Alhambra Group Design Services for Sam Hicks Monument Park Improvement Project 93-109 D Pestmaster Services Right-of-Way Weed Control Program for FY 93-94, FY94-95, FY96-97 (See contract files 95-06 & 97-217) 93-110 D Markham & Associates Northwest Spods Park and Retention Basin Proposal 93-111 D IPS Services, Inc. Pujol Street and First St. Street Widening, PW92-09 93-112 D Old Town Merchants Association Lease Agreement for Billboard Advertising 93-113 D Episcopal Community Services Agreement between City and ECS Healthcare for Medical Services 93-114 D Rancho California Water District Reimbursement Agreement Liefer Rd. Bridge 93-115 SD Donna L. Reeves Trust U.T.D. Disposition and Development Agreement 93-116 SD Donna L. Reeves Trust U.T.D. Agreement to Exchange Real Property 93-117 SD Donna L. Reeves Trust U.T.D. Lease Agreement 93-118 D Geotechnical & Environmental Engineers, Materials Testing During Construction of Inc. Pala Community Park, PW93-03CSD 93-119 D Geotechnical & Environmental Engineers, Phase I Environmental Site Assessment Inc. 93-120 D Crystal Ridge Business Park Owners Emergency and Temporary Assistance to (transmitted from CSD 10/06/94) water common landscape areas Records\List of Agreements for [)estruction 17 CITY OF TEMECULA LIST OF BID FILES FOR DESTRUCTION 1990 BID FILES 90-01 Sports Park Ballfield Lighting 90-02 Legal Advertising Bids 90-03 City Managers Vehicle 1991 BID FILES Not Towne Center Signal PW91-02 (9/19/91) numbered Not City's 2nd Anniversary Celebration (11/91) Numbered 91-01 TCSD Tractor Lease/Purchase 91-02 4-Wheel Drive Trucks 91-03 One 2-Wheel Drive Extended Cab Truck 91-04 Two 2-Wheel Drive Regular Cab Trucks 91-05 4 Mid-Sized Extended Cab Pick-up Truck 91-06 Sports Park Restroom/Snackbar Stand 91-09 Sports Park Ballfield Lighting Phase II 91-13 Sam Hicks Park Street Improvements 91-14 Mobile Flood Lights (2) 91-15 Five Extended Cab Trucks 91-16 One 3A Ton Flat Stake Bed Truck 91-17 One Regular Cab Truck 91-18 One 4-wheel Drive Extended Cab Truck 91-23 Six Extended Cab Pick-up Trucks 91-24 Breathing Support Truck 91-25 Street Maintenance 91-26 Landscape Maintenance Service 91-33 Two Trucks & One Utility Vehicle 91-36 Two 2-door Extended Cab 4-Wheel Drive Trucks Records\Bid Files for Destruction 1 1992 BID FILES Not Rancho Calif. Road Benefit District PW91-03 (2-6-92) numbered Not H5 at Rancho California Road - Off Ramp widening & Signals(2-20-92) numbered 92-01 Street Sidewalk Improvements Schools 92-02 Loma Linda Rd. Park Site Irrigation CSD92-01 92-03 Riverton Lane Park Irrigation CSD 92-02 92-04 Sixth St. Road Improvement PW92-02 92-05 Senior Center CSD92-03 92-06 Abatement Public Nuisance 034 28613 Puj01 St. 92-07 CRC Phase I CSD92-029 92-08 Signal Winchester Rd. & Margarita 92-08 92-09 Margarita Rd. Extension PW92-04 92-10 Ynez Rd. widening CSD 88-12 92-11 Signal Lighting Margarita & La Serena PW92-08 92-12 Senior Center (Grading & Paving) PW92-07 92-13 CRC Phase II CSD92-029B 92-14 Waste Management 92-15 FY 92-93 Street Stenciling & Stripping Program 1993 BID FILES Not Loma Linda Park Landscaping CSD92-01B (1-14-93) numbered 93-01 Landscape Maintenance Services CSD93-01 93-02 Jefferson Ave, Storm Drain Improvement PW93-01 93-03 Riverton Park CSD 93-04 93-04 FY 93-94 Street Maintenance Program 037 93-05 Street Widening Pujol St. & First St. PW92-09 ***CANCELLED AND RE-ESTABLISHED AS 93-11 BELOW 93-06 Rancho Vista Rd. Sidewalk Improvement PW92-12 93-07 Pala Community Park PW93-03 CSD 93-08 Bridge Liefer Rd. at Nicolas (PW93-02) 93-09 One, Two-Door Extended Cab, Two Wheel Drive Pick-Up Vehicle Records\Bid Files for Destruction 2 93-10 Roadside Weed Control Pre and Post Emergent Applications 93-11 Pujol St. & 1st St. Widening PW92-09 93-12 Job No. 50 - Deportola Road 93-13 Job No. 52 - Nicolas Rd. 93-14 Job No. 53 - 40515 La Colima Rd. 93-15 Job No. 54 - North General Kerney Rd. 93-16 Job No. 55 - Via Node 93-17 Job No. 56 - 31070 Avenida Del Reposo 93-18 Job No. 57- 30495 Via Node 93-19 Job No. 58 - Diaz Rd. 93-20 Job No. A60 - Del Re)/Rd. 93-21 Job No. B60 - Via Node Rd. 93-22 Job No. 61 - 30475 Del Rey Rd. 93-23 Job No. 62 - 40625 Calle Fiesta 93-24 Job No. 63 - South General Keamey 93-25 Job No. 64 - Santiago Rd. 93-26 Job No. 49 - Pala Rd. 93-27 Job No. 51 - La Serena/Calle Medusa 93-28 Job No. 52 - 28516 Pujol St. 93-29 Job No. 70 -Jefferson Ave. 93-30 Job No. 71 - Rainbow Canyon Rd. 93-31 Job No. 72 -Rancho California Rd. 93-32 Job 73 - Rainbow Canyon Rd. 93-33 Job No. 74 - Calle De Velada 93-34 Job. No. 75 - Vallejo Channel 93-35 Job No. 80 - DePortola Channel 93-36 Job No. 81 - Diaz between Rancho California Road 93-37 Job No. 82 - Via Lobo Channel between Nicolas Road 93-38 Job No. 83 - Nicolas Rd. between Winchester Road 93-39 Job No. 79 A & B 6th & Pujol Street 93-40 Job No. 80 Pujol & Main Street 93-41 Job No. 85 - Calle Fiesta/Via Node 93-42 Margarita Rd. Sidewalk Improvement PW93-08 Records~Bid Files for Destruction 3 93-43 Job No. 76 - Vallejo Ave/Santiago Road 93-44 Solana Way Street Improvement PW93-12 93-45 Job No. 86 - 31625 DePortola Rd. - Deportola Channel 93-46 Sports Park Slope Repair PW93-06 (Bid redone - See 94-01 below) 93-47 Job No. 87 - Pala Rd./Jedediah Smith 1994 BID FILES 94-01 Sports Park Slope Repairs PW93-06 94-02 Job No. 88 Generic Emergency Asphalt Road Patching 94-03 Job No. 92 Rancho California Rd Eastbound just West of Margarita Rd. 94-04 Job No. 93 Ynez Rd. 352' S/O Vallejo on the East side at Equestrian Trail 94-05 Job No. 94 In a drainage ditch between 2 concrete head walls Approx 250' South of Ave. AIvarado, West of Southbound Diaz Rd., directly South of SKS Fuel Center to directly South of 42181 Ave. Alvarado (Del Rio Building) 94-06 Job No. 94-04 Ynez Road Landscape Improvement Plans 94-07 Job No. 97 Overlay on Winchester Road E/B West of Jefferson, Jefferson South of Winchester Road. S/B #1 and #2 travel lanes. 94-08 Job No. 96 Diaz Road (Southbound) at Ave. AIvarado 94-09 Job No. 103 Pauba Road West Bound 3/8 mile East of Margarita Road 94-10 Job No. 99 Deportola Rd/Jededia Smith Rd, DePortola Rd/MargaritaRd (Sparkman Channel) 94-11 Job No. 100 Santiago between Vallego and John Warner Roads & John Warner east of Cabrillo 94-12 Job No. 101 Jedediah Smith Road at Calle de Velardo 94-13 Job No. 102 Via Lobo West of Nicloas Road - "Via Lobo Channel" 94-14 Job No. 95 Pujol Street Approx. 50' South of Main 94-15 Job No. 98 Avenida Bama, north of Via Monterey and Avenida Barca at Del Ray Road 94-16 PW 94-02CSD Loma Linda Park-Phase II 94-18 PW 94-06CSD Long Valley Wash - Channel Repairs 94-19 PW 94-01CSD Kent Hintergardt Memorial Park 94-20 One 2-Wheel Drive, Extended Cab, Pick-Up Vehicle 94-21 PW94-08 Pala Road and 79 South Interim Improvements 94-22 PW93-11 Traffic Signal and Safety Lighting Installation Nicolas Road and Winchester Road (SR79N) 94-23 PW94-09 Traffic Signal and Modification Rancho California Road and Front Street Records\Bid Files for Destruction 4 94-24 PW94-05 Traffic Signal and Vehicle Pre-emption Installation 94-25 Tree Bid 94-26 Job No. 94-95-01 Removal of right-of-way weeds/Clean debris 94-27 Job No. 94-95-02 Clear grub and dispose of vegetation/grade bottom of channel - Santiago at Front Street 94-28 Job No. 94-95-03 Main Street Bridge 94-29 Job No. 94-95-04 Number Two Lane Rancho California Road 94-30 Job No. 94-95-05 Rainbow Canyon Road - Pothole Repair 94-31 Nuisance Abatement - Rancho Roses - 30301 Nicolas Road 94-32 Job #94-95-14 Construct 3 Desilting Ponds on Santiago 94-33 PW94-12 FY 94-95 Slurry Seal Project 94-34 PW94-13 FY 94-95 City Wide P.C.C. Repair Program 94-35 PW94o14 FY 94-95 City Wide A.C. Street Repairs 94-36 PW94-17 FY 94-95 Street Striping Program 94-37 Job No. 94-95-06 A C Burm inclusive of radius's kicker (Street Maintenance Santiago Road/Margarita Road) 94-38 Job No. 94-95-07 Weed Abatement on Pala Rd. between Loma Linda and Improved Drainage Structure 94-39 Job No. 94-95-08 Shoulder Grading on Pala Rd. 94-40 Job No. 94-95-09 Clean & Grub and dispose of legally Margarita and Moraga Roads 94-41 Job No. 94-95-10 Repair Sides of Channel at 28750 Vallego Avenue 94-42 Job No. 94-95-11 Del Rey Road West of Via Norte 94-43 Job No. 94-95-12 Clear Grubb Natural Drainage Area - Ynez Rd. northbound between Via Serrito and Calie Halcon 94-44 Job No. 94-95-15 Construct 2 Desilting Ponds on Jedediah 94-45 Job No. 94-95-13 Sports Park (Margarita/Rancho Vista) Regrade Dirt Road 94-46 PW94-03 Winchester Road Interim Street Improvements 94-47 Job No. 94-95-16 Rainbow Canyon Road 94-48 Project No. 93-10 Traffic Signal & Safety Lighting Installation Margarita Road and Avenida Barca 94-49 Project No. 94-20 Right-of-Way Weed Control Pre-Emergent and Post-Emergent Applications Records\Bid Files for Destruction 5 94-50 Job No. 94-95-17 Pala Rd/Jedediah Smith Channel 94-52 Job 94-95-18 Nicholas Road at Calle Medusa 94-53 Job 94-95-19 Rainbow Canyon Road 94-54 Job 94-95-20 Rancho California Road @ Meadows Parkway 1995 BID FILES 95-01 Moraga Road Street Widening PW92-10 95-02 Lindfield School Site Job 94-95-21 95-03 Job No. 94-95-22 Pauba Road West Bound Lane just West of Via Rami 95-04 Right of Way Tree Trimming 95-05 Rancho California Sports Park PW94-07CSD 95-06 Job No. 94-95-23 Rancho California Road @ Northbound 115 Freeway Ramp 95-07 Job No. 94-95-24 Ynez Road south of Rancho California Road between Rancho Highland Drive and Tierra Vista Road 95-08 Job No. 94-95-25 Remove and replace asphalt roadway on Rancho Vista Road, Pescado Drive, and Business Park Dr. 95-09 Publication of Legal Notices 95-10 94-95-26 Remove and Replace Curb, Overlay bikelane and backfill w/clean material on Margarita Road 95-11 PW93-09 Parkview Site Rough Grading and Improvements 95-12 Job. No. 94-95-27 Entrance of Temecula Creek Inn to Northerly City Limits 95-13 Job No. 94-95-28 Deletion of Desilting Ponds - Santiago and John Warner 95-14 Job No. 94-95-29 Deletion of Desilting Ponds - Jedediah Smith Road 95-15 Job No. 94-95-30 Remove silt and debris from earthen and concrete channel Vic Lobo 95-16 PW95-04 Handicap Access Ramp Improvements 95-17 Job No. 94-95-31 Calina Verde West of La PrimaVera Cul-de-sac 95-18 Job No. 94-95-32 Front Street at Del Rio Road 95-19 Job No. 94-95-33 City Right-of-Way Tree Trimming List 95-20 PW94-19 Sidewalk Improvements on Rancho Vista Rd and Mira Loma Dr 95-21 PW95-01CSD Temecula Middle School Lighting Project 95-22 PW94-15 CSD Sam Hicks Monument Park Records\Bid Files for Destruction 6 95-23 Job No. 94-95o34 Remove and Replace A.C. on Commeme Center Drive and Enterprise Circle 95-24 PW94-10 Walcott Corridor Project 95-25 Solana Way Storm Drain Improvements PW95-03 95-26 Replacement Network Server for City Hall Facility 95-27 Winchester Road @ 115 Bridge Widening and Northbound Ramps Improvements PW94-21 95-28 FY95-96 Slurry Seal Project 95-29 Job No. 95-96-01 Rancho California road Between Ynez Rd and Moraga Rd 95-30 Job No. 95-96-02 Rancho Calif Rd Between Moraga Rd and Margarita Road 95-31 Vehicle for Building and Safety (Pick-up) 95-32 Parkview Site Improvement Project - Phase I Fire Station 84 PW95-09CSD 95-33 Replacement Network Server for City Hall Facility 95-34 Job No. 95-96-03 Vallejo Avenue (south side) & 54" CMP north of Flores Drive 95-35 Job No. 95-96-04 Rancho Calif Rd west of Margarita for east bound traffic 95-36 Mercedes at 3rd Street Desilting Pond Job No. 95-96-05 95-37 Margarita Road Northbound 500' of N General Kearny Job No. 95-96-06 95-38 Right-of-Way Tree Trimming FY95-96-07 95-39 Job No. 95-96-08 Margarita Road/Stonewood Road 95-40 Job No. 95-96-09 Santiago Road 95-41 Job No. 95-96-10 Pala Road 95-42 Job No. 95-96-11 Ynez RoadJia Serrito and Calle Halcon 95-43 FY 95-96 Citywide A.C. Street Repairs PW95-20 95-44 FY 95-96 Citywide P.C.C. Repair Program PW95-21 95-45 Right-of-Way Weed Control Pre-Emergent and Post-Emergent Applications 95-46 Sam Hicks Monument Park PW94-15CSD 95-47 Job No. 95-96-12 Pauba Road Westbound -Slurry 95-48 Job No. 95-96-13 Rainbow Canyon Road from County Club Drive to City Limits - Patch NC Potholes 95-49 Winchester Road at Interstate Route 15 Bridge Widening and Northbound Ramp Improvements PW94-21 95-50 4-Door Mid-sized sedan - Planning Department Records\Bid Files for Destruction 7 95-51 Job No. 95-96-14 Street Maintenance - Santiago Rd. between John Warner Road and Vallejo Ave. 95-52 Job No. 95-96-15 Street Maint. - Jedediah Smith Rd at Calle De Velardo 95-53 Job No. 95-96-16CSD Flood Control Channel Maint. - Calle Pina Colada 95-55 Traffic Signal Installation 79S & Margarita/Redhawk 95-57 1994/95 Pavement Managment Systems PW95-06 95-58 Barrier Rail on Front Street at Empire Creek PW95-17 1996 BID FILES 96-01 Replacement Computer Workstations for City Hall 96-02 Job No. 95-96-16 City Wide Right-of-Way Tree Trimming 96-04 Job No. 95-96-17 Street Maintenance - Commerce Center Drive 96-05 Job No. 95-96-18 Street Maintenance - Via Norte at Kahwea Road 96-06 Traffic Signal @ Pala Road & Route 79 South PW95-14 96-07 Right-of-way Tree Trimming - Job No. FY95-96-19 96-08 Street Maintenance - Del Rey Road #95-96-20 96-09 Remodeling of North/South Restroom Facility at Rancho Calif Sports Park 96-10 Street Maintenance - Winchester Rd. Between Bridge Deck & Enterprise Circle South #95-96-21 96-11 Street Maintenance - Winchester Rd. 200 ft. West of El Rancho Animal Hospital #95-96-22 96-12 Sports Park Creek Restoration PW95-10CSD 96-13 Rancho California/Santa Cecilia Sidewalk Project No. 5 PW95-25 96-14 Right-of-Way Tree Trimming FY95-96-23 96-15 Project No. PW 95-13 Interim Traffic Signal Installation @ SR79S & La Paz Street 96-16 City Hall Modifications and Tenant Improvements PW95-22 96-17 City Maintenance Facility PW95-29 96-18 FY95-96 Citywide P.C.C. Repair Program PW96-06 96-19 Pond Desilting - Santiago Rd. Between Vallejo Ave. & John Warner Rd. #95-96-25 96-20 Pond Desilting - Jedediah Smith Rd at Calle De Velardo 95-96-26 96-21 Pond Desilting - Via Lobo West of Nicolas Rd #95-96-27 96-22 Shoulder Grading at Various Locations #95-96-28 Records\Bid Files for Destruction 8 96-23 Street Maintenance - Vallejo Ave Between Santiago Rd & Ynez Rd. Ynez Rd southerly to end of drainage channel #95-96-29 96-24 Traffic Signal - Margarita Rd. & Rustic Glen Dr. PW96-03 96-25 Street Maintenance - 28999 Front Street - 95-96-30 96-26 Street Maintenance - Various Locations Job #95-96-32 96-27 Street Maintenance - Various Locations Job #95-96-33 96-28 CRC Emergency Generator PW95-02 CSD 96-29 Right-of-Way Tree Trimming - Project No. FY96-97-01 96-30 Traffic Signal at Rancho California Road & Cosmic PW96-08 96-31 FY96-97 Citywide A.C. Street Repairs PW96-10 96-33 Sixth Street Parking Lot PW95-26 96-34 FY96-97 Slurry Seal Project PW96-11 96-36 Traffic Signal Interconnect, Phase I PW95-16 96-37 Job #96-97-02 Slope across from New Community Lutheran Church 96-38 Job #96-97-01 Paula Road between Hwy 79S and Bridge Deck 96-39 Job #96-97-04 City Wide P.C.C. Repairs 96-40 Job #96-97-05 Street Maintenance - Jedediah Smith Rd at Calle De Velardo 96-41 Job 96-97-06 Street Maintenance - Santiago Rd between John Warner and Vallejo Avenue 96-42 Job 96-97-07 Street Maintenance - Via Norte at Avenida Del Sol & Across from 29855 Del Rey Road 96-43 Job 96-97-08 Street Maintenance - Ynez Rd between Via Serrito and Calle Halcon 96-44 Job 96-97-09 Street Maintenance - Pala Rd between Loma Linda and improved drainage structure 96-45 Job 96-97-10 Street Maint. - Santiago Rd northeast of 28780-A Front Street 96-46 Job 96-97-11 Street Maintenance - Margarita Rd south of Stonewood Road 96-47 PW96-16 Acoustical Panels at the CRC Gym Records\Bid Files for Destruction 9 City Council Aqendas City of Temecula Records for Destruction January 14, 1997 February 25, 1997 April 22, 1997 June 3, 1997 July 22, 1997 September 9, 1997 November 18, 1997 January 28, 1997 March 18, 1997 May 8, 1997 June 10, 1997 August 4, 1997 September 23, 1997 November 25, 1997 February 5, 1997 March 25, 1997 May 13, 1997 June 24, 1997 August 12, 1997 October 7, 1997 December 9, 1997 February 11, 1997 April 8, 1997 May 27, 1997 July 8, 1997 August 26, 1997 October 28, 1997 December 16, 1997 Planninq Commission Aqendas January 6, 1997 March 17, 1997 May 19, 1997 August 18, 1997 October 6, 1997 December 1, 1997 January 27, 1997 April 7, 1997 June 2, 1997 August 25, 1997 October 20, 1997 December 15, 1997 February 24, 1997 April 21, 1997 July 7, 1997 September 8, 1997 November 3, 1997 March 3, 1997 May 5, 1997 July 21, 1997 September 15, 1997 November 17, 1997 Community Services Commission January 13, 1997 April 14, 1997 September 9, 1997 February 7, 1997 May 12, 1997 October 13, 1997 February 10, 1997 June 9, 1997 November 10, 1997 March 10, 1997 July 14, 1997 Public Traffic Safety Commission January 23, 1997 April 24, 1997 September 25, 1997 February 13, 1997 May 22, 1997 October 23, 1997 February 27, 1997 June 26, 1997 December 11, 1997 March 27, 1997 August 28, 1997 Old Town Redevelopment Advisory Committee February 4, 1997 August 5, 1997 March 4, 1997 October 7, 1997 May 6, 1997 June 3,1997 Agenda List for Destructien TO: FROM: DATE: SUBJECT: Susan W. Jones, CMC, City Clerk Gwyn R. Flores, Records Coordinator August 14, 2001 Request for Destruction of Records Attached Exhibit B is a listing of records maintained in the City's Finance Department. The documents identified in Group XII have been imaged into the City's LaserFiche Imaging System and are eligible for destruction in accordance with the City of Temecula's approved Retention Policy. The imaging of these records complies with the requirements of Government Code Section 34090.5. The records identified in Group V are eligible for destruction in accordance with the City of Temecula's approved Retention Policy. The attached list of records has been identified within Retention Groups XII & V, as outlined in "Exhibit 1", Schedule A, of Resolution No. 92-17. The undersigned have reviewed and approved this destruction request. Pursuant to the requirements of Government Code Section 34090.5, I hereby give my consent to the destruction of records under the direction of the City Clerk pursuant to the City of Temecula's adopted Destruction of Obsolete Records Policy. ,// APPROVED: ~ ~ Department Head: Gem'~ Robert{, Director of Finance Date APPROVED: City Attorney: I~at~ (~' ~ R:~orms~nuct~s EXHIBIT CITY OF TEMECULA RECORDS MANAGEMENT DESTRUCTION FILE REPORT Document Date Item Brief File Reference~ Storage Media Reference Reference DescdplJon Secudty Class Storage Localion 140 FY97FJ8 401-06 Accounts Payable Group XII LaserFiche Invoices 140 FY93/94 601-01 Purchase Orders Group V N/A Boxes 60 & 61 N/A 140 FY94/95 601-01 Pumhase Orders Group V Boxes 58 & 59 140 FY95/96 601-01 Pumhase Orders Group V N/A Boxes 195, 196, 197 140 FY96/97 60t-01 Purchase Orders Group V N/A Boxes 118, 119, 120 &121 TO: FROM: DATE: SUBJECT: Susan W. Jones, CMC, City Clerk Gwyn R. Flores, Records Coordinator August 14, 2001 Request for Destruction of Records Attached Exhibit C is a listing of building permits maintained in the City's Building and Safety Department. The documents identified in Group IV have been imaged into the City's LaserFiche Imaging System and are eligible for destruction in accordance with the City of Temecula's approved Retention Policy as outlined in "Exhibit 1", Schedule A, of Resolution No. 92-17. The imaging of these records complies with the requirements of Government Code Section 34090.5. The undersigned have reviewed and approved this destruction request. Pursuant to the requirements of Government Code Section 34090.5, I hereby give my consent to the destruction of records under the direction of the City Clerk pursuant to the City of Temecula's adopted Destruction of Obsolete Records Policy. APPROVED: Department Head: APPROVED: City Attorney: Tony Elmo, Director of Building & Safety Date EXHIBIT"C" 42102 1st St. 41972 3~ St. 42180 6th St. 42182 6th St. 42220 6th St. 42230 6th St. 42291 6th St. 42004 Acacia Wy. 42013 Acacia Wy. 42014 Acacia Wy. 42022 Acacia Wy. 42030 Acacia Wy. 42033 Acacia Wy. 42038 Acacia Wy. 42043 Acacia Wy. 42046 Acacia Wy. 42053 Acacia Wy. 42054 Acacia Wy. 42063 Acacia Wy. 42064 Acacia Wy. 42073 Acacia Wy. 42074 Acacia Wy. 42083 Acacia Wy. 42084 Acacia Wy. 42093 Acacia Wy. 42094 Acacia Wy. 42103 Acacia Wy. 42104 Acacia Wy. 42113 Acacia Wy. 42114 Acacia Wy. 42116 Acacia Wy. 42123 Acacia Wy. 42124 Acacia Wy. 42133 Acacia Wy. 42134 Acacia Wy. 42143 Acacia Wy. 42144 Acacia Wy. 42153 Acacia Wy. 42154 Acacia Wy. 42164 Acacia Wy. 42174 Acacia Wy. 32921 Adelante St, 32922 Adelante St. 32929 Adelante St. 32932 Adelante St. 32935 Adelante St. 32941 Adelante St. 32942 Adelante St, 32947 Adelante St. 32952 Adelante St. 32953 Adelante St. 32969 Adelante St. 32961 Adelante St. 32962 Adelante St. 32972 Adelante St. 32975 Adelante St. 32982 Adelante St. 32983 Adelante St. 32991 Adelante St. 32992 Adelante St. 33000 Adelante St. 33001 Adelante St. 33006 Adelante St. 33007 Adelante St. 33012 Adelante St. 33013 Adelante St. 33018 Adelante St. 33021 Adelante St. 33026 Adelante St. 33031 Adelante St. 33032 Adelante St. 33040 Adelante St. 40065 Adian Ct. 40077 Adian Ct. 42360 Agena St. 42208 Agena St. 42270 Agena St. 42338 Agena St. 42954 Agena St. 43097 Agena St. 31707 Ahern PI. 43667 Alcoba Dr. 43671Alcoba Dr. 43674 Alcoba Dr. 43674 Alcoba Dr. 43675 Alcoba Dr. 43679 Alcoba Dr. 43628 Alcoba Dr. 43683 AIcoba Dr. 43686 Alcoba Dr. 43687 Alcoba Dr. 43690 Alcoba Dr. 43691Alcoba Dr. 43694 Alcoba Dr. 43695 Alcoba Dr. 43696 Alcoba Dr. 43699 Alcoba Dr. 43700 Alcoba Dr. 43703 Alcoba Dr. 43707 Alcoba Dr. 43711Alcoba Dr. 43716 Alcoba Dr. 43726 Alcoba Dr. 43736 Alcoba Dr. 43746 Alcoba Dr. 43756 Alcoba Dr. 43766 Alcoba Dr. 43776 Alcoba Dr. 43786 Alcoba Dr. 43796 Alcoba Dr. 43808 Alcoba Dr. 43820 Alcoba Dr. 43832 Alcoba Dr. 43844 AIcoba Dr. 43856 Alcoba Dr. 43858 AIcoba Dr. 43868 Alcoba Dr. 43878 Alcoba Dr. 43888 Alcoba Dr. 43915 Alencon Ct. 43919 Alencon Ct. 43960 Alencon Ct. 43985 Alencon Ct. 43938 Alencon Ct. 40138 Alexandria Dr. 40138 Alexandria Dr. 40178 Alexandria Dr. 43608 Altamura Ct. 43611 Altamura Ct. 43620 Altamura Ct. 43623 Altamura Ct. 43632 Altamura Ct. 43635 Altamura Ct. 43659 Altamura Ct. 43644 AItamura Ct. 43647 AItamura Ct. 43656 Altamura Ct. 43659 Altamura Ct. 43668 Altamura Ct. 43671 Altamura Ct. 43682 Altamura Ct. 43683 Altamura Ct. 43695 Altamura Ct. 43705 Altamura Ct. 43710 Altamura Ct. 43715 Altamura Ct. 43720 Altamura Ct. 43725 Altamura Ct. 43732 Altamura Ct. 43735 Altamura Ct. 39976AmberleyCr. 30470 Anaconda Ct. 30872 Andrews Wy. 44674 Arbor Ln. 41421 Ashburn Rd. 41433 Ashburn Rd. 41438 Ashburn Rd. 41443 Ashburn Rd. 41448 Ashburn Rd. 41453 Ashburn Rd. 41458 Ashburn Rd. 41463 Ashburn Rd. 41468 Ashburn Rd. 41473 Ashburn Rd. 41478 Ashbum Rd. 41483 Ashbum Rd. 41493 Ashburn Rd. 41503 Ashburn Rd. 41513 Ashburn Rd. 41519 Ashburn Rd. 41523 Ashbum Rd. 40231Atmore Ct. 40238 Atmore Ct. 40243AtmoreCt. 40255 Atmore Ct. 40256 Atmore Ct. 40277 Atmore Ct. 40270 Atmore Ct. 40278 Atmore Ct. 40299 Atmore Ct. 40300 Atmore Ct. 40311AtmoreCt. 40312 Atmore Ct, 40323 Atmore Ct. 40324 Atmore Ct. 40331Atmore Ct. 42011 Avenida Alvarado 42353 Avenida AIvarado 41621 Avenida Barca 30570 Avenida Buena Suerte 30661Avenida Buena Suerte 29860 Avenida Cima Del Sol 41495 Avenida De La Reina 31213 Avenida Del Reposo 31560 Avenida Del Reposo 29611 Avenida Del Sol 29680 Avenida Del Sol 30518 Avenida Estrada 30560 Avenida Estrada EXHIBIT "C" 42002 Avenida Sonoma 41050 Avenida Verde 41090 Avenida Verde 41125 Avenida Verde 42057 Avenida Vista Ladera 43044 Avola Ct. 43054 Avola Ct. 40640 Baccarat Rd. 40664 Baccarat Rd. 40683 Baccarat Rd. 40834 Baccarat Rd. 40774 Baccarat Rd. 40863 Baccarat Rd. 30875 Bardmoor Dr. 30849 Balata Dr. 30905 Balata Dr. 30916 Balata Dr. 30922 Balata Dr. 39751 Barberry Ct. 31340 Baret Ct. 41763 Bargil Ct. 43787 Barletta St. 43810 Barfetta St. 43853 Barletta St. 43874 Badetta St. 43888 Barletta St. 43928 Barletta St. 43937 Barletta St. 43980 Barletta St. 43987 Badetta St. 43993 Barletta St. 43105 Barsanti Dr. 43117 Barsanti Dr, 43129 Barsanti Dr. 43140 Barsanti Dr. 43141 Barsanti Dr. 43152 Barsanti Dr. 43153 Barsanti Dr. 43164 Barsanti Dr. 43165 Barsanti Dr. 43176 Barsanti Dr. 43177 Barsanti Dr. 43188 Barsanti Dr. 43189 Barsanti Dr. 2 43163 Bassano Dr. 43153 Bassano Dr. 43143 Bassano Dr. 43133 Bassano Dr. 43140 Bassano Dr. 43150 Bassano Dr. 43160 Bassano Dr. 43170 Bassano Dr. 43173 Bassano Dr. 43180 Bassano Dr. 43183 Bassano Dr. 43188 Bassano Dr. 43183 Bassano Dr. 43196 Bassano Dr. 44520 Bedford Ct. 44535 Bedford Ct. 43100 Bellota Ct. 43112 Bellota Ct. 43113 Bellota Ct. 43123 Bellota Ct. 43124 Bellota Ct. 43133 Bellota Ct. 43136 Bellota Ct. 43143 Bellota Ct. 43148 Bellota Ct. 43153 Bellota Ct. 43155 Bellota Ct. 43160 Bellota Ct. 43163 Bellota Ct. 43172 Bellota Ct. 43173 Bellota Ct, 43184 Bellota Ct. 43185 Bellota Ct. 40225 Benwood Ct. 40247 Benwood Ct. 32431 Bergamo Ct. 32463 Bergamo Ct. 32472 Bergamo Ct. 32495 Bergamo Ct, 32520 Bergamo Ct. 41695 Big Sage Ct. 41399 Bitter Creek Ct. 41404 Bitter Creek Ct. 30409 Bogart PI. 30534 Bogart PI. 27421 Bolanda Ct. 27495 Bolanda Ct. EXHIBIT "C" 32817 Bonita Mesa St. 32825 Bonita Mesa St. 32835 Bonita Mesa St. 32847 Bonita Mesa St. 32857 Bonita Mesa St. 32867 Bonita Mesa St. 32877 Bonita Mesa St. 32918 Bonita Mesa St. 32927 Bonita Mesa St. 32938 Bonita Mesa St. 32957 Bonita Mesa St. 41792 Borealis Dr. 27460 Bostik 27460 Bostik 27460 Bostik 32988 Bonita Mesa St. 32967 Bonita Mesa St. 41735 Brandeis Cr. 41740 Brandeis Cr. 41745 Brandeis Cr. 41750 Brandeis Cr. 41755 Brandeis Cr, 41760 Brandeis Cr. 41765 Brandeis Cr. 41770 Brandeis Cr. 41775 Brandeis Cr. 41780 Brandeis Cr. 41781 Brandeis Cr. 41788 Brandeis Cr. 30760 Branford Dr. 30770 Branford Dr. 30780 Branford Dr. 30922 Branford Dr, 30945 Branford Dr. 30959 Brassie Ln. 30975 Brassie Ln. 41334 Bravos Ct. 43397 Brewster Ct. 43428 Brewster Ct. 43439 Brewster Ct. 43449 Brewster Ct. 43458 Brewster Ct. 43478 Brewster Ct. 31648 Briarwood PI. 31407 Britton Cr. 31455 BriEon Cr. 31516 BriEon Cr. 31524 Briton Cr. 40469 Brixton Cove 40483 Brixton Cove 43280 Brockway Dr. 43200 Brockway Dr. 43216 Brockway Dr. 43224 Brockway Dr. 43232 Brockway Dr. 43236 Brockway Dr. 43240 Brockway Dr. 43247 Brockway Dr. 43248 Brockway Dr. 43255 Brockway Dr. 43256 Brockway Dr. 43263 Brockway Dr. 43264 Brockway Dr, 43271 Brockway Dr. 43272 Brockway Dr. 43280 Brockway Dr. 31073 Bunker Dr. 40955 Burgess Ct. 40960 Burgess Ct. 40963 Burgess Ct. 40968 Burgess Ct. 40971 Burgess Ct. 40976 Burgess Ct. 40979 Burgess Ct. 40985 Burgess Ct. 40987 Burgess Ct. 40995 Burgess Ct. 41003 Burgess Ct. 41010 Burgess Ct. 41011 Burgess Ct. 41019 Burgess Ct. 41024 Burgess Ct. 41027 Burgess Ct. 41035 Burgess Ct. 41040 Burgess Ct. 41043 Burgess Ct. 41051 Burgess Ct. 43200 Burgess Ct. 43872 Burgess Ct. 41875 C St. 31406 Cabern Ct. 31416 Cabern Ct. 30105 Cabrillo Ave. 30241 Cabrillo Ave. 30285 Cabrilfo Ave. 30287 Cabrillo Ave. 29911 Cactus PI. 29930 Cactus PI. 29950 Cactus PI. 29981 Cactus PI. 43740 C~on Dr. 43751C~on Dr. 32040 CaJa Gerona 32065 Cala Gerona 42938 Caia Rosso 32126 Cala Torrente 32174 Cala Torrente 32179 Cala Torrente 42008 Calabria Dr. 42000 Calabria Dr. 42008 Calabria Dr. 42016 Calabria Dr. 42024 Calabria Dr. 42032 Calabria Dr. 42043 Calabria Dr. 42048 Calabria Dr. 42051 Calabria Dr. 42056 Calabria Dr. 42059 Calabria Dr. 42064 Calabria Dr. 42067 Calabria Dr. 42072 Calabria Dr. 42075 Calabria Dr. 42080 Calabria Dr. 42090 Calabria Dr. 42100 Calabria Dr. 42105 Calabria Dr. 42110 Calabria Dr. 42115 Calabria Dr. 42120 Calabria Dr. 42125 Calabria Dr. 42130 Calabria Dr. 42135 Calabria Dr. 42140 Calabria Dr. 42145 Calabria Dr. 42150 Calabria Dr. 42155 Calabria Dr. 42160 Calabria Dr. 42165 Calabria Dr. 42170 Calabria Dr, 42180 Calabria Dr. 42190 Calabria Dr. 43602 Calabro St. 43612 Calabro St. 3 EXHIBIT "C" 43622 Calabro St. 43641 Calabro St. 43711 Calabro St. 43717 Calabro St. 43723 Calabro St. 43740 Calabro St. 43746 Calabro St. 43752 Calabro St. 43800 Calabro St. 43824 Calabro St. 43832 Calabro St. 32249 Calle Avella 31863 Calle Ballentine 31875 Calle Ballentine 31935 Calle Ballentine 31987 Calle Ballentine 30070 Calle Carranza 30081 Calle Carranza 30090 Calle Carranza 31685 Calle Cataldo 31730 Calle Cataldo 31760 Calle Cataldo 41820 Calle Cedral 31775 Calle Chapos 40820 Ca[[e De Velardo 43394 Calle De Velardo 43396 Calle De Velardo 43420 Calle De Velardo 43528 Calle De Velardo 43746 Calle De Velardo 43775 Calle De Velardo 43845 Calle De Velardo 43864 Calle De Velardo 43996 Calle De Velarde 31280 Calle Felididad 40481 Calle Fiesta 40628 Calle Fiesta 30979 Calle Fuente 30979 Calle Fuente 30989 Calle Fuente 30991 Calle Fuente 31680 Calle Girasol 31695 Calle Girasol 30313 Calle Halcon 30325 Calle Halcon 30326 Calle Halcon 40406 Calle Katerine 40478 Calle Katerine 40671 Calle Katerine 40769 Calle Katerine 40810 Calle Katerine 40811 Calle Katerine 42929 Calle Londe 31470 Calle Los Padres 31554 Calle Los Padres 40435 Calle Madero 40550 Calle Madero 32030 Calle Marquis 32053 Calle Marquis 32069 Calle Marquis 43106 Calle Mataro 43265 Calle Mataro 39930 Calle Medusa 40336 Calle Medusa 40811 Calle Medusa 43301 Calle Nacido 43392 Calle Nacido 43399 Calle Nacido 43402 Calle Nacido 31855 Calle Novelda 31996 Calle Novelda 29756 Calle Palmas 29749 Calle Pantano 30557 Calle Pina Colada 30647 Calle Pina Colada 30787 Calle Pina Colada 30949 Calle Pina Colada 30969 Calle Pina Colada 31829 Calle Pina Colada 31829 Calle Redonela 32048 Calle Resaca 32060 Ca[le Resaca 32070 Calle Resaca 32265 Calle Resaca 42920 Calle Reva 43016 Calle Reva 43024 Calle Reva 43048 Calle Reva 31705 Calle Saragoza 31811 Calle Saragoza 30310 Calle Sonora 30399 Calle Sonora 40470 Calle Tomida 40544 Calle Torcida 40564 Calle Torcida 40566 Calle Torcida 40590 Calle Torcida 40612 Calle Torcida 31820 Calle Vimianzo 43155 Caminata Dr. 40209 Camino CamposVerdes 40217 Camino CamposVerdes 40225 Camino CamposVerdes 40233 Camino CamposVerdes 40241 Camino CamposVerdes 40250 Camino CamposVerdes 40251 Camino CamposVerdes 40261 Camino CamposVerdes 40270 Camino CamposVerdes 40271 Camino CamposVerdes 40281 Camino CamposVerdes 40290 Camino CamposVerdes 40300 Camino CamposVerdes 40310 Camino CamposVerdes 40320 Camino CamposVerdes 40330 Camino CamposVerdes 40340 Camino CamposVerdes 40350 Camino CamposVerdes 40360 Camino CamposVerdes 42983 Camino Caruna 42995 Camino Caruna 43038 Camino Caruna 43187 Camino Caruna 43264 Camino Caruna 41951 Camino Caruna 42014 Camino Caruna 42029 Camino Casana 43176 Camino Casillas 31053 Camino Del Este 31106 Camino Del Este 31114 Camino De[ Este 4 EXHIBIT "C" 29740 Camino Del Sol 29741 Camino Del Sol 29780 Camino Del Sol 29860 Cam[no Del Sol 29951 Camino Del Sol 29981 Cam[no Del Sol 32105 Camino Herencia 32159 Camino Herencia 31820 Camino Marea 31945 Camino Marea 31996 Camino Marea 31992 Camino Molnar 32247 Camino Nuez 32059 Camino Seneco 32110 Camino Seneco 31017 Camino Verde 27547 Campana Cr, 27548 Campana Cr. 27557 Campana Cr. 27558 Campana Cr. 27567 Campana Cr. 27568 Campana Cr. 27577 Campana Cr. 27578 Campana Cr. 27587 Campana Cr. 27588 Campana Cr. 27597 Campana Cr. 27598 Campana Cr. 32104 Campanula Wy. 32798 Campanula Wy. 30079 Campo Verde 31275 Canterbury Ct. 31311 Canterbury Ct. 31329 Canterbury Ct. 31326 Canterbury Ct. 31364 Canterbury Ct. 30735 Canterfield Dr. 30767 Canterfield Dr. 39675 Cantrell Rd. 39419 Canyon Rim Cr. 30205 Capdce Ct. 30222 Caprice Ct. 30258 Caprice Ct. 30286 Caprice Ct. 29602 CaraWy. 43772 Carentan Dr. 43812 Carentan Dr. 43839 Carentan Dr. 43849 Carentan Dr. 43883 Carentan Dr. 43891 Carentan Dr. 43898 Carentan Dr. 43906 Carentan Dr. 43907 Carentan Dr. 43914 Carentan Dr. 43917 Carentan Dr. 43922 Carentan Dr. 43927 Carentan Dr. 43930 Carentan Dr. 43935 Carentan Dr. 43938 Carentan Dr. 43943 Carentan Dr. 43946 Carentan Dr. 43951 Carentan Dr. 42457 Carino PI. 42500 Carino PI. 41763 Cadeton Wy. 41771 Carleton Wy. 41774 Carleton Wy. 41777 Carleton Wy. 41793 Carleton Wy. 41825 Carleton Wy. 41826 Carleton Wy. 41833 Carleton Wy. 41839 Carleton Wy. 41845 Carleton Wy. 41861 Carleton Wy. 41864 Cadeton Wy. 41872 Carleton Wy. 41880 Carleton Wy. 41888 Carleton Wy. 41896 Cadeton Wy. 41901 Carleton Wy. 41904 Carleton Wy. 41907 Carleton Wy. 41910 Carleton Wy. 41911 Cadeton Wy. 41914 Carleton Wy. 41776 Cascades Ct. 31698 Case~a Dr. 32687 Caseda Dr. 32688 Case~a Dr. 32690 Caseda Dr. 32704 Caseda Dr. 32778 Caseda Dr. 32798 Case~a Dr. 32835 Case~a Dr. 32836 Case~a Dr. 32846 Case~a Dr. 32348 Cassino Ct. 32396 Cassino Ct. 32372 Cassino Ct. 32406 Cassino Ct. 32411 Cassino Ct. 32416 CassJno Ct. 32431 Cassino Ct. 32439 Cassino Ct. 32488 Cassino Ct. 32500 Cassino Ct. 32708 Castana Dr. 32720 Castana Dr. 32732 Castana Dr. 32744 Castana Dr, 32745 Castana Dr. 32755 Castana Dr. 32756 Castana Dr. 32765 Castana Dr. 32768 Castana Dr. 32775 Castana Dr. 32780 Castana Dr. 32792 Castana Dr, 40463 Carmelita Cr. 32280 Cemle Beauregard 32297 Cercle Beauregard 32353 Cercle Beauregard 32345 Cercle Beauregard 32361 Cercle Beauregard 32369 Cercle Beauregard 32376 Cemle Beauregard 31318 Cercle Latour 32310 Cercle Latour 32326 Cercle Latour 32937 Cesena St. 32940 Cesena St. 32944 Cesena St. 32945 Cesena St. 32953 Cesena St. 32956 Cesena St. 32961Cesena St. 32971Cesena St. 32974 Cesena St. 5 EXHIBIT "C" 32981Cesena St. 41735 Chablis Ct. 39872 Chalon Ct, 39880 Chalon Ct, 39892 Chalon Ct. 31039 Chaldon Cr. 40426 Chantemar Wy. 40322 Chantemar Wy. 40332 Chantemar Wy. 40342 Chantemar Wy. 40352 Chantemar Wy. 40362 Chantemar Wy. 40372 Chantemar Wy. 40382 Chantemar Wy. 40392 Chantemar Wy. 40402 Chantemar Wy. 40410 Chantemar Wy. 40418 Chantemar Wy. 40426 Chantemar Wy. 40461 Chantemar Wy. 40469 Chantemar Wy. 40477 Chantemar Wy. 40485 Chantemar Wy. 40508 Chantemar Wy. 40513 Chantemar Wy. 40517 Chantemar Wy. 40518 Chantemar Wy. 40519 Chantemar Wy. 40525 Chantemar Wy. 40528 Chantemar Wy. 40531 Chantemar Wy. 40537 Chantemar Wy. 40543 Chantemar Wy. 40549 Chantemar Wy. 40555 Chantemar Wy. 40561 Chantemar Wy. 40567 Chantemar Wy. 40573 Chantemar Wy. 40579 Chantemar Wy. 40585 Chantemar Wy. 40591 Chantemar Wy. 40597 Chantemar Wy. 40600 Chantemar Wy. 40603 Chantemar Wy. 40606 Chantemar Wy. 40609 Chantemar Wy. 40612 Chantemar Wy. 40615 Chantemar Wy. 40618 Chantemar Wy. 40621 Chantemar Wy. 40624 Chantemar Wy. 40627 Chantemar Wy. 40630 Chantemar Wy. 40636 Chantemar Wy. 40642 Chantemar Wy. 40648 Chantemar Wy. 40654 Chantemar Wy. 40660 Chantemar Wy. 32849 Charmes Ct. 40441ChaunceyWy. 31623 Chelsa Wy. 41598 Chenin Blanc 31369 Chemin Chevalier 31376 Chemin Chevalier 31383 Chemin Chevalier 31384 Chemin Chevalier 31389 Chemin Chevalier 31392 Chemin Chevalier 31395 Chemin Chevalier 31400 Chemin Chevalier 31401 Chemin Chevalier 41137 Chemin La Tache 27102 Cherry Grove Ct. 27105 Cherry Grove Ct. 27122 Cherry Grove Ct. 27125 Cherry Grove Ct. 27142 Cherry Grove Ct. 27145 Cherry Grove Ct. 39840 Cherry Grove Ct. 42002 Chestnut Dr. 42003 Chestnut Dr. 42010 Chestnut Dr. 42013 Chestnut Dr. 42018 Chestnut Dr. 42023 Chestnut Dr. 42026 Chestnut Dr. 42033 Chestnut Dr. 42034 Chestnut Dr. 42041 Chestnut Dr. 42042 Chestnut Dr. 42049 Chestnut Dr. 42050 Chestnut Dr. 42057 Chestnut Dr. 42058 Chestnut Dr. 42065 Chestnut Dr. 42066 Chestnut Dr, 42073 Chestnut Dr. 42074 Chestnut Dr. 42081 Chestnut Dr. 42082 Chestnut Dr. 42089 Chestnut Dr. 42090 Chestnut Dr. 42097 Chestnut Dr. 42098 Chestnut Dr. 42105 Chestnut Dr. 42106 Chestnut Dr. 42116 Chestnut Dr. 42115 Chestnut Dr. 42125 Chestnut Dr. 42126 Chestnut Dr. 42135 Chestnut Dr. 42136 Chestnut Dr. 42145 Chestnut Dr. 42146 Chestnut Dr. 42155 Chestnut Dr. 42156 Chestnut Dr. 42165 Chestnut Dr. 42166 Chestnut Dr. 42175 Chestnut Dr. 42176 Chestnut Dr. 42186 Chestnut Dr. 43335 Cielo De Azul 30033 Cielo Mesa 45514 Classic Wy. 45587 Classic Wy. 45617 Classic Wy. 45801 Classic Wy. 45841 Classic Wy. 45981 Classic Wy. 45817 Clubhouse Dr. 41187 Coghill Dr. 41197 Coghill Dr. 41207 Coghill Dr. 41216 Coghill Dr. 41217 Coghill Dr. 41226 Coghill Dr. 41227 Coghill Dr. 41237 Coghill Dr. 30310 Colina Verde 30369 Colina Verde 30425 Colina Verde 30499 Colina Verde 30434 Colina Verde 30586 Colina Verde 41684 Colonial Ct. 41726 Colonial Ct. 41741 Colonial Ct. 41750 Colonial Ct. 41725 Colonial Ct. 41766 Colonial Ct. 6 EXHIBIT "C" 27450 Colt Ct. 27469 Colt Ct. 30445 Colt Ct. 29905 Compania Dr. 29915 Compania Dr. 29925 Compania Dr. 29935 Compania Dr. 29945 Compania Dr. 29955 Compania Dr. 31370 Congressional Dr. 31380 Congressional Dr. 31390 Congressional Dr. 31391 Congressional Dr. 31400 Congressional Dr. 31401 Congressional Dr. 31410 Congressional Dr. 31415 Congressional Dr. 31420 Congressional Dr. 31431 Congressional Dr. 31440 Congressional Dr. 31441 Congressional Dr. 31450 Congressional Dr. 31451 Congressional Dr. 31460 Congressional Dr. 31461 Congressional Dr. 31470 Congressional Dr. 31475 Congressional Dr. 31480 Congressional Dr. 31485 Congressional Dr. 31490 Congressional Dr. 31495 Congressional Dr. 31505 Congressional Dr. 31510 Congressional Dr. 31515 Congressional Dr. 31525 Congressional Dr. 31103 Code Alamar 32025 Code Albano 31180 Corte Alhambra 31231 Corte Alhambra 43110 Corte Almeria 43120 Code AImeria 43130 Code Almeria 43450 Code AImeria 43190 Code Almeria 43135 Code Almonte 43215 Code Almonte 43790 Corte Amaya 31042 Corte Anza 31096 Corte Anza 30891 Corte Arroyo Vista 30939 Corte Arroyo Vista 30955 Corte Arroyo Vista 31009 Corte Arroyo Vista 43165 Corte Astorga 43168 Corte Astorga 31976 Code Avalina 31990 Corte Avalina 32094 Corte Bacarro 43365 Code Barbaste 43490 Corte Barbaste 45042 Corte Belle Donna 43495 Corte Benavente 33549 Corte Bonilla 33552 Corte Bonilla 33570 Corte Bonilla 33581 Code Bonilla 33620 Corte Bonilla 45059 CoKe Bravo 45062 Code Bravo 45065 Corte Bravo 43073 Corte Cabrera 43163 Corte Calanda 43211 Corte Calanda 42929 Corte Cabello 43614 Corte Cabral 32085 Code Canel 30255 Corte Cantania 30231 Code Cantera 32025 Code Cermela 32096 Code Carmela 32099 Code Carmela 32155 Code Carmela 32168 Code Carmela 32161 Corte Carmona 30077 Code Carrizo 30140 Code Carrizo 30152 Code Carrizo 29825 Corte Castille 32001 Code Castro 30010 Code Coelho 30039 Code Coelho 30040 Code Coelho 30069 Code Coelho 30070 Code Coelho 30099 Code Coelho 30110 Code Coelho 30135 Co~e Coelho 30170 Code Coelho 30175 Code Coelho 30195 Code Coelho 30225 Code Coelho 30236 Code Coelho 30241 Code Coelho 30257 Code Coelho 30266 Code Coelho 30266 Code Coelho 30273 Co~e Coelho 30276 Code Coelho 30288 Co~e Coelho 30289 Code Coelho 42999 Code Colucci 32280 Code Coronado 32352 Code Coronado 43060 Code Davila 32145 Code Del Cerro 32158 Corte Del Cerro 32170 Corte Del Cerro 32182 Corte Del Cerro 31692 Corte Encinas 31731 Code Encinas 32028 Code Escobar 32047 Code Escobar 31657 Code Esparza 43003 Code Fresca 43004 Code Fresca 43028 Code Fresca 43131 Code Fresca 32253 Code Gardano 7 EXHIBIT "C" 32235 Corte Illora 32245 Corte IIIora 43070 Corte Landeras 31951 Corte La Puenta 41788 Corte Lara 41802 Code Lara 41827 Corte Lara 41875 Corte Lara 32283 Corte Las Cruces 32353 Corte Las Cruces 43555 Corte Logrono 31420 Corte Madera 31445 Corte Madera 31455 Corte Madera 28259 Code Malbino 31395 Corte Mallorca 33462 Code Mangarino 33404 Corte Mangarino 33487 Corte Mangarino 31824 Corte Mendoza 31354 Corte Montiel 31468 Corte Montiel 43245 Corte Montilla 28289 Corte Ocaso 31555 Corte Pacheco Ct. 31578 Code Pacheco Ct. 31645 Corte Padrera 32289 Code Palacio 32290 Corte Palacio 32325 Corte Palacio 32374 Corte Palacio 32313 Corte Palacio 41529 Corte Pergamino 30235 Corte Plata 33493 Corte Porfirio 43312 Corte Rialto 31450 Code Rimola 31490 Corte Rimola 31580 Code Rosario 31780 Code Sagunto 31835 Corte Sagunto 31554 Code Sa[inas 31585 Code Salinas 43100 Corte Salamanca 44672 Corte San Gabriel 29989 Corte San Luis 29990 Code San Luis 30060 Code San Luis 30115 Corte San Luis 32302 Corte San Vincente 32293 Corte Santa Catalina 32317 Code Santa Catalina 32350 Code Santa Catalina 32353 Code Santa Catalina 41585 Corte Seda 41628 Code Seda 41888 Code Selva 32007 Code Soledad 32040 Code Soledad 32101 Code Soledad 31335 Corte Sonora 31404 Code Talvera 31396 Corte Tunas 31438 Code Tunas 45054 Code Valle 45090 Code Valle 45096 Corte Valle 45099 Corte Valle 44630 Code Veranos 43129 Corte Villa 32330 Code Zamora 32345 Corte Zamora 32370 Corte Zamora 41467 Cour Beaune 32241 Cour Meyney 39739 Creative Dr. 45668 CreeksideWy. 45754C~eksideWy. 37843 Cresta Del Reyo 41201 Crooked Stick Dr. 41211 Crooked Stick Dr. 31306 Crooked Stick Dr. 41131 Crooked Stick Dr. 41150 Crooked Stick Dr. 43139 Crowne Hill 30886 Cr stalaire Dr. 30890 Cr stalaire Dr. 30894 Cr fstalaire Dr. 30898 Cr fstalaire Dr. 30902 Cr Cstalaire Dr. 30906 Cr Cstalaire Dr. 30910 Cr Cstalaire Dr. 30914 Cr Cstalaire Dr. 30918 Crystalaire Dr. 30922 Crystalaire Dr. 30926 Crystalaire Dr. 30930 Crystalaire Dr. 30934 Crystalaire Dr. 30938 Crystalaire Dr. 30942 Crystalaire Dr. 30946 Crystalaire Dr. 30950 Crystalaire Dr. 30956 Crystalaire Dr. 30962 Crystalaire Dr. 30968 Crystalaire Dr. 30974 Crystalaire Dr. 30980 Crystalaire Dr. 30986 Crystalaire Dr. 31377 Culberttson Ln. 31389 Culberttson Ln. 31401 Culberttson Ln. 31413 Culberttson Ln. 31425 Culbertson Ln. 31430 Culbertson Ln. 31437 Culbertson Ln. 31440 Culbertson Ln. 31449 Culbertson Ln. 31460 Culbertson Ln. 31461 Culbertson Ln. 31473 Culberttson Ln. 31480 Culbertson Ln. 8 EXHIBIT "C" 31485 Culbertson Ln, 31490 Culbertson Ln. 31497 Culbertson Ln. 31509 Culbertson Ln. 31510 Culbertson Ln. 31520 Culbertson Ln. 31521 Culbertson Ln. 31530 Culbertson Ln. 31533 Culbertson Ln. 31540 Culbertson Ln. 31545 Culbertson Ln. 31550 Culbertson Ln. 31557 Culbertson Ln, 31577 Culbertson Ln. 31588 Culbertson Ln. 42004 Dahlia Wy. 42028 Dahlia Wy. 42030 Dahlia Wy. 27503 Dandelion Ct. 27552 Dandelion Ct. 27587 Dandelion Ct. 31664 Dane Ct. 30493 Danube Ct. 29710 Dawncrest Cr. 29792 Dawncrest Cr. 30355 De Portola Rd. 30375 De Portola Rd. 30405 De Portola Rd. 30600 De Portola Rd. 32503 De Portola Rd. 32813 De Portola Rd. 43943 De Podola Rd. 29645 Deal Ct. 41849 Deepwood Cr. 30375 Deer Meadow Rd. 30376 Deer Meadow Rd. 30476 Deer Meadow Rd. 30021 Del Mar Ct. 41979 Delmonte St. 41965 Delmonte St. 42001 Delmonte St. 42017 Delmonte St. 42033 Delmonte St. 29638 Del Rey Rd. 29935 Del Rey Rd. 29980 Del Rey Rd. 30040 Del Rey Rd. 30045 Del Rey Rd. 30100 Del Rey Rd. 30130 Del Rey Rd. 30220 Del Rey Rd. 30244 Del Rey Rd. 30275 Del Rey Rd, 30277 Del Rey Rd. 30380 Del Rey Rd. 30470 Del Rey Rd. 30475 Del Rey Rd. 30625 Del Rey Rd. 30673 Del Rey Rd. 30745 Del Rey Rd. 30983 Del Rey Rd. 30994 Del Rey Rd. 31098 Del Rey Rd. 31270 Del Rey Rd. 31283 Del Rey Rd. 27880 Del Rey Rd. 28046 Del Rey Rd. 41950 Delmonte St. 41953 Delmonte St. 41977 Delmonte St. 41980 Delmonte St. 41989 Delmonte St. 42000 Delmonte St. 42009 Delmonte St. 42010 Delmonte St. 42016 Delmonte St. 42024 Delmonte St. 42025 Delmonte St. 42032 Delmonte St. 42033 Delmonte St. 42040 Delmonte St. 42041 Delmonte St, 42048 Delmonte St, 42049 Delmonte St. 42056 Delmonte St. 42057 Delmonte St. 42064 Delmonte St. 42065 Delmonte St. 42072 Delmonte St. 42073 Delmonte St. 42081 Delmonte St. 39444 Diego Dr. 39523 Diego Dr. 31163 Dog Leg Cr. 41901 Driver Ln. 31004 Dulce Ct. 42034 Dunes Ct. 31308 Durney Ct. 41506 Eagle Point Wy. 42885 El Domino PI. 42977 El Domino PI. 43675 EIFaro PI. 43925 El Lucero Pi. 43973 El Lucero PI. 43978 El Lucero PI. 33269 Elizabeth Rd. 33270 Elizabeth Rd. 33279 Elizabeth Rd. 33280 Elizabeth Rd. 33289 Elizabeth Rd. 33290 Elizabeth Rd. 33299 Elizabeth Rd. 33300 Elizabeth Rd. 33309 Elizabeth Rd. 33310 Elizabeth Rd. 33319 Elizabeth Rd. 33320 Elizabeth Rd. 33333 Elizabeth Rd. 33340 Elizabeth Rd. 33350 Elizabeth Rd. 33357 Elizabeth Rd. 33360 Elizabeth Rd. 33367 Elizabeth Rd. 33370 Elizabeth Rd. 31224 Eona Cr. 42523 Escolacata Dr. 42535 Escolacata Dr, 45263 Esmerado Ct. 45288 Esmerado Ct. 41228 Essex Ct. 41238 Essex Ct. 41233 Essex Ct. 30540 Estero St. 30550 Estero St. 27051 Falling Creek Ct. 43455 Fassano Ct. 9 EXHIBIT "C" 32381 Favara Dr. 32409 Favara Dr. 32493 Favara Dr. 32507 Favara Dr. 32535 Favara Dr. 32545 Favara Dr. 32555 Favara Dr. 32575 Favara Dr. 32577 Favara Dr. 32585 Favara Dr. 32595 Favara Dr. 32595 Favara Dr. 32605 Favara Dr. 32614 Favara Dr. 32615 Favara Dr. 32624 Favara Dr. 32625 Favara Dr. 32634 Favara Dr. 32635 Favara Dr. 32644 Favara Dr. 32645 Favara Dr. 32654 Favara Dr. 32655 Favara Dr. 32663 Favara Dr. 30605 Feather Ct. 30610 Feather Ct. 30645 Feather Ct. 30665 Feather Ct. 30670 Feather Ct. 30675 Feather Ct. 31225 Felicita Rd. 28373 Felix Valdez Rd. 28403 Felix Valdez Rd. 28464 Felix Valdez Rd. 28545 Felix Valdez Rd. 28545 Felix Valdez Rd. 32823 Fermo Ct. 32827 Fermo Ct. 32831Fermo Ct. 32835 Fermo Ct. 32839 Fermo Ct. 32840 Fermo CL 32843 Fermo 01. 32846 Fermo Ct. 32849 Fermo Ct. 32852 Fermo Ct. 32853 Fermo Ct. 32856 Fermo Ct. 32858 Fermo Ct. 32859 Fermo Ct. 32865 Fermo Ct. 32866 Fermo Ct. 32869 Fermo Ct. 32872 Fermo Ct. 32875 Fermo Ct. 32878 Fermo Ct. 32879 Fermo Ct. 32883 Fermo Ct. 32884 Fermo Ct. 44000 Festivo St. 44015 Festivo St. 44029 Festivo St. 44043 Festivo St. 44057 Festivo St. 44070 Festivo St. 44071 Festivo St. 44085 Festivo St. 44090 Festivo St. 44099 Festivo St. 44110 Festivo St. 44113 Festivo St. 44127 Festivo St. 44130 Festivo St. 44141 Festivo St. 44150 Festivo St. 44155 Festivo St. 44180 Festivo St. 44197 Festivo St. 44200 Festivo St. 44211 Festivo St. 44220 Festivo St. 44225 Festivo St. 44239 Festivo St. 31132 Firestone St. 43419 Flores Dr. 43930 Flores Dr. 43901 Fondi Ct. 43908 Fondi Ct. 43909 Fondi Ct. 43916 Fondi Ct. 43917 Fondi Ct. 43925 Fondi Ct. 43935 Fondi Ct. 43935 Fondi Ct. 33433 Fox Rd. 33067 Fox Rd. 33074 Fox Rd. 33075 Fox Rd. 33082 Fox Rd. 33085 Fox Rd. 33091 Fox Rd. 33098 Fox Rd. 33099 Fox Rd. 33106 Fox Rd. 33107 Fox Rd. 33114 Fox Rd. 33115 Fox Rd. 33122 Fox Rd. 33123 Fox Rd. 33130 Fox Rd. 33131 Fox Rd. 33147 Fox Rd. 33162 Fox Rd, 33171 Fox Rd. 33140 Fox Rd. 33139 Fox Rd. 33147 Fox Rd. 33150 Fox Rd. 33155 Fox Rd, 33163 Fox Rd, 33170 Fox Rd, 33171 Fox Rd. 33179 Fox Rd. 33187 Fox Rd. 33195 Fox Rd, 33203 Fox Rd, 33210 Fox Rd, 33211 Fox Rd. 33218 Fox Rd. 33219 Fox Rd, 33226 Fox Rd. 33227 Fox Rd. 33235 Fox Rd. 33250 Fox Rd. 33251 Fox Rd. 33259 Fox Rd. 33267 Fox Rd. 33275 Fox Rd, 33283 Fox Rd. 33291 Fox Rd. 33298 Fox Rd. 33305 Fox Rd. 33306 Fox Rd. 33318 Fox Rd. 33342 Fox Rd. 33355 Fox Rd. 33390 Fox Rd. 33402 Fox Rd. 33414 Fox Rd. 33426 Fox Rd, 32676 Gabbiano Dr. 32655 Gabbiano Dr. 32667 Gabbiano Dr. 32691 Gabbiano Dr, 32703 Gabbiano Dr, 32715 Gabbiano Dr, 32727 Gabbiano Dr. 32593 Ga~ina St. 10 EXHIBIT "C" 32381 Galatina St, 32391 Galatina St. 32401 Galatina St. 32401 Galatina St. 32411 Galatina St. 32415 Galatina St. 32426 Galatina St. 32433 Galatina St. 32487 Galatina St. 32497 Galatina St. 32523 Galatina St. 29820 Gateview Ct. 29695 N. General Kearny Rd. 39786 N. General Kearny Rd. 31115 General Kearny Rd. 31130 S. General Kearny Rd. 39804 N. General Kearny Rd. 39827 N. General Kearny Rd. 39835 N. General Kearny Rd. 39867 N. General Kearny Rd. 39938 N. General Kearny Rd. 31135 S. General Kearny Rd. 29350 N. General Kearny Rd. 29426 Georgetown Ln. 29436 Georgetown Ln. 29448 Georgetown Ln. 29457 Georgetown Ln. 29462 Georgetown Ln. 29477 Georgetown Ln. 29487 Georgetown Ln. 29497 Georgetown Ln. 29513 Georgetown Ln. 29522 Georgetown Ln. 29532 Georgetown Ln. 29538 Georgetown Ln. 29533 Georgetown Ln. 29512 Georgetown Ln. 29472 Georgetown Ln. 41751Gilwood Ct. 31264 Gleneagles Dr. 31276 Gleneagles Dr. 31582 Golden Lion Dr. 30932 Greensboro Dr. 30948 Greensboro Dr. 27195 Greenstone St. 41763 Green Tree Rd. 41797 Green Tree Rd. 41825 Green Tree Rd, 41960 Green Tree Rd. 30554 Greenway Cr. 30574 Greenway Cr. 32424 Greenway Cr. 32432 Guevara Dr. 32433 Guevara Dr. 32440 Guevara Dr. 32448 Guevara Dr. 32453 Guevara Dr. 32456 Guevara Dr. 32464 Guevara Dr. 32463 Guevara Dr. 32443 Guevara Dr. 32433 Guevara Dr, 32497 Guevara Dr. 32528 Guevara Dr. 32540 Guevara Dr. 32552 Guevara Dr. 32564 Guevara Dr. 32593 Guevara Dr. 32576 Guevara Dr. 32585 Guevara Dr. 32588 Guevara Dr. 32599 Guevara Dr. 32600 Guevara Dr. 32609 Guevara Dr. 32612 Guevara Dr, 32621 Guevara Dr. 32624 Guevara Dr. 32525 Guevara Dr. 32633 Guevara Dr. 32537 Guevara Dr. 32549 Guevara Dr. 32660 Guevara Dr. 32672 Guevara Dr. 32684 Guevara Dr. 31625 Heather Wy. 31634 Heather Wy. 40010 Holden Cr. 40030 Holden Cr. 40047 Holden Cr. 40050 Holden Cr. 40067 Holden Cr. 40070 Holden Cr. 40087 Holden Cr. 40090 Holden Cr. 40107 Holden Cr. 40110 Holden Cr. 40127 Holden Cr. 40130 Holden Cr. 40147 Holden Cr. 40150 Holden Ct. 40167 Holden Cr. 40170 Holden Cr. 40187 Holden Cr. 40190 Holden Ct. 40206 Holden Cr. 40207 Holden Cr, 40212 Holden Ct. 40213 Holden Cr. 40218 Holden Cr, 40219 Holden Ct. 40224 Holden Cr. 40225 Holden Cr. 40230 Holden Cr. 40236 Holden Cr. 40237 Holden Cr. 40242 Holden Cr. 40245 Holden Ct. 40246 Holden Cr. 40251 Holden Cr. 40252 Holden Cr. 49970 Holden Cr. 41954 Humber Dr. 42019 Humber Dr. 42245 Humber Dr. 31133 Humbolt Ct. 31369Inverness Ct, 31386Inverness Ct. 31437Inverness Ct. 31440Inverness Ct. 31465Inverness Ct. 31016 Iron Cr, 31024 Iron Cr. 31034 Iron Cr. 31105 Iron Cr. 31422 Jedediah Smith Rd. 44080 Jeramie Dr. 43550 John Warner Rd. 31263 Jura Ct. 31268 Jura Ct. 31264 Jura Ct. 31283 Jura Ct. 41960 Kaffirboom Ct. 41985 Kaffirboom Ct. 31099 Kahewa Rd. 31145 Kahwea Rd. 31150 Kahewa Rd. 11 EXHIBIT "C" 31183 Kahewa Rd. 31205 Kahwea Rd. 43042 Kensington PI. 43052 Kensington PI, 43053 Kensington PI. 43062 Kensington PI. 43063 Kensington PI. 43072 Kensington PI. 39318 Kimberly Ln. 43012 Knightsbridge Wy. 43013 Knightsbridge Wy. 43021 Knightsbridge Wy. 43026 Knightsbridge Wy. 43037 Knightsbridge Wy. 43040 Knightsbridge Wy. 43053 Knightsbridge Wy. 43054 Knightsbridge Wy. 43068 Knightsbridge Wy. 43069 Knightsbridge Wy. 43084 Knightsbridge Wy. 43109 Knightsbridge Wy. 43110 Knightsbridge Wy. 43123 Knightsbridge Wy. 43124 Knightsbridge Wy. 43137 Knightsbridge Wy. 43151 Knightsbridge Wy. 43152 Knightsbridge Wy. 43166 Knightsbridge Wy. 43168 Knightsbridge Wy. 39698 Knollridge Dr. 39619 Knollridge Dr. 39627 Knollridge Dr. 40680 La Colima Rd. 40688 La Colima Rd. 29840 La Corona Ct. 44140 La Paz Rd. 44300 La Paz Rd. 44517 La Paz Rd. 30445 La Presta Loop 31120 Lahontan St. 43102 Lancashire Common 43110 Lancashire Common 43118 Lancashire Common 43126 Lancashire Common 43134 Lancashire Common 43142 Lancashire Common 43155 Lancashire Common 43180 Lancashire Common 43896 Larino Ct. 43913 Larino Ct. 43926 Larino Ct. 43938 Larino Ct. 43947 Larino Ct. 27495 Lark Ct. 28790 Las Haciendas St. 42741 Las Violettas Ct. 30058 Laurel Creek Dr. 30077 Laurel Creek Dr. 30090 Laurel Creek Dr. 30098 Laurel Creek Dr. 30106 Laurel Creek Dr. 30114 Laurel Creek Dr. 30122 Laurel Creek Dr. 30130 Laurel Creek Dr. 30138 Laurel Creek Dr. 41593 Laurel Valley Cr. 41594 Laurel Valley Cr. 41601 Laurel Valley Cr. 41602 Laurel Valley Cr. 41609 Laurel Valley Cr. 32426 LeenaWy. 32682 LeenaWy. 32682 LeenaWy. 30041Levande PI. 30085 Levande PI. 30115 Levande PI. 39055 Liefer Rd. 30681 Links Ct. 30688 Links Ct. 30706 Links Ct. 30709 Links Ct. 30717 Links Ct. 30725 Links Ct, 30739 Links Ct. 30820 Links Ct. 30800 Lolta Rd. 30703 Loma Linda Rd. 30848 Loma Linda Rd. 31580 Loma Linda Rd. 31741 Loma Linda Rd. 39769 Longleaf St. 39770 Longleaf St. 39779 Longleaf St. 39780 Longleaf St. 39789 Longleaf St. 39799 Longleaf St. 39809 Longleaf St. 39819 Longleaf St. 39829 Longleaf St. 39830 Longleaf St. 39839 Longleaf St. 39849 Longleaf St. 39850 Longleaf St. 39859 Longleaf St. 39869 Longleaf St. 39870 Longleaf St. 39879 Longleaf St, 39880 Longleaf St. 39889 Longleaf St. 39890 Longleaf St. 39899 Longleaf St. 39556 Long Ridge Dr. 39564 Long Ridge Dr. 39585 Long Ridge Dr. 29888 Longvale Ct. 30038 Los Nogales Rd. 30040 Los Nogales Rd. 43041 Maidstone Ct. 43050 Maidstone Ct. 43051 Maidstone Ct. 43060 Maidstone Ct. 43061 Maidstone Ct. 43070 Maidstone Ct. 43071 Maidstone Ct. 32397 Magenta Ct. 32450 Magenta Ct. 32460 Magenta Ct. 32461 Magenta Ct. 43001 Manchester Ct. 43033Manchester Ct. 43041 Manchester Ct, 43046 Manchester Ct. 43049Manchester Ct. 43057Manchester Ct. 43086Manchester Ct. 43078Manchester Ct. 30036 Manzanita Ct. 43544 Manzo Dr. 12 EXHIBIT "C" 43601Manzo Dr. 31149 Mariposa PI. 30884 Mashie Wy. 30908 Mashie Wy. 30916 Mashie Wy. 30941 Mashie Wy. 45539 Masters Dr. 45631 Masters Dr. 43128 Matera Ct. 43137 Matera Ct. 43138 Matera Ct. 43147 Matera Ct. 43148 Matera Ct. 43157 Matera Ct. 43158 Matera Ct. 43167 Matera Ct. 46168 Matera Ct. 43177 Matera Ct. 43178 Matera Ct. 43187 Matera Ct. 43188 Matera Ct. 43197 Matera Ct. 43198 Matera Ct. 43207 Matera Ct. 43208 Matera Ct. 43217 Matera Ct. 43218 Matera Ct. 30881 Meade River Ct. 30901 Meade River Ct. 42075 Meadows Pkwy. 43374 Meadows Pkwy. 28624 Mercedes St. 28690 Mercedes St. 32010 Merlot Crest 32023 Merlot Crest 32027 Merlot Crest 32040 Merlot Crest 32060 Merlot Crest 30368 Mersey Ct. 43353 Messina St. 43363 Messina St. 43373 Messina St. 43383 Messina St. 43393 Messina St. 43403 Messina St. 43413 Messina St. 43423 Messina St. 43433 Messina St. 43453 Messina St. 43463 Messina St. 43473 Messina St. 43483 Messina St. 30055 Milano Rd. 30596 Milano Rd. 30561MilkyWay Dr. 40257MimulusWy. 40293 MimulusWy. 29561 Mira Loma Dr. 29575 Mira Loma Dr. 29720 Mira Loma Dr. 29800 Mira Loma Dr. 29830 Mira Loma Dr. 29911 Mira Loma Dr. 29930 Mira Loma Dr. 30113 Mira Loma Dr. 43252 Modena Dr. 43312 Modena Dr. 43422 Modena Dr. 43431Modena Dr. 43442 Modena Dr. 43451Modena Dr. 43452 Modena Dr. 43461Modena Dr. 43462 Modena Dr, 43471Modena Dr. 43472 Modena Dr. 43478 Modena Dr. 43482 Modena Dr. 43492 Modena Dr. 43502 Modena Dr. 43522 Modena Dr. 43523 Modena Dr. 43532 Modena Dr. 43535 Modena Dr. 43542 Modena Dr. 43551Modena Dr. 43552 Modena Dr. 43561Modena Dr. 43562 Modena Dr. 43572 Modena Dr. 43573 Modena Dr. 43582 Modena Dr. 43585 Modena Dr. 43599 Modena Dr. 43602 Modena Dr. 43605 Modena Dr. 43611Modena Dr. 43612 Modena Dr. 43622 Modena Dr. 43632 Modena Dr. 41000 Montelena Cr. 41032 Montelena Cr. 41778 Monterey PI. 30667 Moontide Ct. 44849 Muirfield Dr. 44852 Muirfieid Dr. 43502 Nantes Ct. 43519 Nantes Ct. 43529 Nantes Ct. 43539 Nantes Ct. 43549 Nantes Ct. 43560 Nantes Ct. 43569 Nantes Ct. 32838 Naples Ct. 32830 Naples Ct. 32848 Naples Ct. 32850 Naples Ct. 32845 Naples Ct. 32851 Naples Ct. 32859 Naples Ct. 32860 Naples Ct. 32865 Naples Ct. 32866 Na )les Ct. 32871 Na )les Ct. 32874 Na )les Ct. 32877 Na )les Ct. 32878 Na )les Ct. 31089 Na )les Ct. 31090 Na )les Ct. 31097 Nassau Ct. 31136 Nassau Ct. 31137 Nassau Ct. 31145 Nassau Ct. 31153 Nassau Ct. 31161 Nassau Ct. 31169 Nassau Ct. 27550 Nellie Ct. 27555 Nellie Ct. 27560 Nellie Ct. 27565 Nellie Ct. 27570 Nellie Ct. 27575 Nellie Ct. 27580 Nellie Ct. 27585 Nellie Ct. 27590 Nellie Ct. 13 EXHIBIT "C" 27595 Nellie Ct. 40536 New Town Dr. 41707 Niblick Rd. 41719 Niblick Rd. 41758 Niblick Rd. 41766 Niblick Rd. 41774 Niblick Rd. 41783 Niblick Rd. 41833 Niblick Rd. 41857 Niblick Rd. 41869 Niblick Rd. 41967 Niblick Rd. 41974 Niblick Rd. 41979 Niblick Rd. 41986 Niblick Rd. 41991 Niblick Rd. 33325 Nicholas Common 33345 Nicholas Common 33375 Nicholas Common 27321 Nicholas Common 33300 Nicholas Common 33310 Nicholas Common 33315 Nicholas Common 33320 Nicholas Common 33330 Nicholas Common 33339 Nicholas Common 33340 Nicholas Common 33341 Nicholas Common 33351 Nicholas Common 33359 Nicholas Common 33360 Nicholas Common 33367 Nicholas Common 33375 Nicholas Common 33380 Nicholas Common 33380 Nicholas Common 33383 Nicholas Common 33390 Nicholas Common 33391 Nicholas Common 33399 Nicholas Common 27229 Nicolas Rd. 27380 Nicolas Rd. 29703 Nightcrest Cr. 40584 Nob Ct. 43010 Noble Ct. 43011 Noble Ct. 43020 Noble Ct. 43021 Noble Ct. 43031 Noble Ct. 43040 Noble Ct. 43041 Noble Ct. 43048 Noble Ct. 43051 Noble Ct. 43056 Noble Ct. 43064 Noble Ct. 43061 Noble Ct. 43071 Noble Ct. 43072 Noble Ct. 43080 Noble Ct. 43081 Noble Ct. 43088 Noble Ct. 43091 Noble Ct. 42764 North Star Ct. 32938 Novara Ct. 32939 Novara Ct. 32946 Novara Ct. 32947 Novara Ct. 32954 Novara Ct. 32955 Novara Ct. 32962 Novara Ct. 32963 Novara Ct. 32968 Novara Ct. 32969 Novara Ct. 32971 Novara Ct. 32982 Novara Ct. 32985 Novara Ct. 39281 Oak Cliff Dr. 39437 Oak Cliff Dr. 39503 Oak Cliff Dr. 39693 Oak Cliff Dr. 39707 Oak Cliff Dr. 39752 Oak Cliff Dr. 39792 Oak Cliff Dr. 30900 Oak Hill Dr. 30908 Oak Hill Dr. 30916 Oak Hill Dr. 30924 Oak Hill Dr. 30927 Oak Hill Dr. 30932 Oak Hill Dr. 30940 Oak Hill Dr. 30943 Oak Hill Dr. 30948 Oak Hill Dr. 30956 Oak Hill Dr. 30964 Oak Hill Dr. 30969 Oak Hill Dr. 30972 Oak Hill Dr. 30982 Oak Hill Dr. 30989 Oak Hill Dr. 30990 Oak Hill Dr. 30997 Oak Hill Dr. 30998 Oak Hill Dr. 31005 Oak Hill Dr. 31008 Oak Hill Dr. 31013 Oak Hill Dr. 31016 Oak Hill Dr. 31021 Oak Hill Dr. 31024 Oak Hill Dr. 31029 Oak Hill Dr. 31032 Oak Hill Dr. 31037 Oak Hill Dr. 31045 Oak Hill Dr. 31056 Oak Hill Dr. 31061 Oak Hill Dr. 61069 Oak Hill Dr. 31074 Oak Hill Dr. 31075 Oak Hill Dr. 31075 Oak Hill Dr. 40248 Odessa Dr. 40108 Odessa Dr. 40128 Odessa Dr. 40129 Odessa Dr. 40148 Odessa Dr. 40149 Odessa Dr. 40159 Odessa Dr. 40168 Odessa Dr. 40188 Odessa Dr. 40193 Odessa Dr. 40203 Odessa Dr. 40205 Odessa Dr. 40208 Odessa Dr. 40223 Odessa Dr. 40228 Odessa Dr. 40248 Odessa Dr. 40253 Odessa Dr. 40263 Odessa Dr. 40268 Odessa Dr. 40273 Odessa Dr. 40283 Odessa Dr. 40288 Odessa Dr. 40293 Odessa Dr. 40305 Odessa Dr. 40308 Odessa Dr. 40325 Odessa Dr. 40328 Odessa Dr. 40233 Odessa Dr. 40335 Odessa Dr. 40337 Odessa Dr. 40348 Odessa Dr. 40355 Odessa Dr. 40368 Odessa Dr. 40375 Odessa Dr. 40388 Odessa Dr. 40395 Odessa Dr. 45546 Olympic Wy. 30611 Open Ct. 14 EXHIBIT "C" 43652 Ortona St. 42081 Orange Blossom 42092 Orange Blossom 42101 Orange Blossom 42111 Orange Blossom 42116 Orange Blossom 42121 Orange Blossom 42124 Orange Blossom 42131 Orange Blossom 42132 Orange Blossom 42141 Orange Blossom 42142 Orange Blossom 42161 Orange Blossom 42151 Orange Blossom 42168 Orange Blossom 42171 Orange Blossom 42181 Orange Blossom 43216 Ormsby Rd. 43218 Ormsby Rd. 43652 Odona St. 43668Odona St. 43696 OKona St. 43718 O~ona St. 31327 Otter Creek Dr. 31348 Otter Creek Dr. 41704 Overland Dr. 41886 Pacific Grove Wy. 41898 Pacific Grove Wy. 41899 Pacific Grove Wy. 41910 Pacific Grove Wy. 41913 Pacific Grove Wy. 41922 Pacific Grove Wy. 41927 Pacific Grove Wy. 41943 Pacific Grove Wy. 41982 Pacific Grove Wy. 31397 Pahuta St. 45620 Pala Rd. 39130 Pala Vista Dr. 44123 Parcella Ct. 44143 Parcella Ct. 44163 Pamella Ct. 44183 Parcella Ct. 44203 Parcella Ct. 44223 Parcella Ct. 27596 Parkside Dr. 31416 Paseo De Las Olas 31669 Paseo De Las Olas 31681Paseo De Las Olas 40298 Paseo Del Cielo 40320 Paseo Del Cielo 40396 Paseo Del Cielo 40396 Paseo Del Cielo 31616 Paseo Goleta 40160 Paseo Sereno 40165 Paseo Sereno 32815 Paterno St. 32873 Paterno St. 32912 Paterno St. 32920 Paterno St. 32921 Patemo St. 32929 Paterno St. 33031 Paterno St. 43795 Paulita Rd. 30112 Pechanga Dr. 30200 Pechanga Dr. 30208 Pechanga Dr. 30276 Pechanga Dr. 31402 Pennant Ct. 31408 Pennant Ct. 31414 Pennant Ct. 31420 Pennant Ct. 32300 PensadorSt. 32308 PensadorSt. 32309 Pensador St. 32316 Pensador St. 32319 PensadorSt. 32324 Pensador St. 32329 Pensador St. 32332 Pensador St. 32339 PensadorSt. 32340 PensadorSt. 32349 PensadorSt. 32350 Pensador St. 32359 Pensador St. 32370 PensadorSt. 32380 PensadorSt. 32390 PensadorSt. 32400 Pensador St. 32410 Pensador St. 32420 PensadorSt. 32430 Pensador St. 32440 PensadorSt. 32369 Pensador St. 32379 Pensador St. 32389 Pensador St. 32399 Pensador St. 32409 PensadorSt. 32419 Pensador St. 32429 PensadorSt. 32439 Pensador St. 32449 Pensador St. 30975 Pescado Dr. 30977 Pescado Dr. 31045 Pescado Dr. 43686 Piasano PI. 43692 Piasano Pi. 42004 Pine Needle 42005 Pine Needle 42016 Pine Needle 42017 Pine Needle 42028 Pine Needle 42029 Pine Needle 42040 Pine Needle 42041 Pine Needle 42052 Pine Needle 42053 Pine Needle 42064 Pine Needle 42065 Pine Needle 42076 Pine Needle 42077 Pine Needle 42088 Pine Needle 42089 Pine Needle 41205 Pine Tree Cr. 41211 Pine Tree Ct. 41219 Pine Tree Cr. 41224 Pine Tree Cr. 41227 Pine Tree Ct. 41232 Pine Tree Cr. 41233 Pine Tree Cr. 41237 Pine Tree Cr. 41247 Pine Tree Ct. 41250 Pine Tree Cr. 41253 Pine Tree Cr. 41256 Pine Tree Cr. 41263 Pine Tree Cr. 41266 Pine Tree Ct. 41274 Pine Tree Cr. 41277 Pine Tree Cr. 41280 Pine Tree Cr. 41281 Pine Tree Cr. 41288 Pine Tree Cr. 41294 Pine Tree Cr. 41295 Pine Tree Ct. 41297 Pine Tree Cr. 43102 Pine Tree Cr. 15 EXHIBIT "C" 41303 Pine Tree Cr. 41309 Pine Tree Cr. 41310 Pine Tree Cr. 41315 Pine Tree Cr. 41318 Pine Tree Cr. 41321 Pine Tree Cr. 41375 Pine Tree Cr. 32049 Pinot Blanc Ct. 31690 Plo Pico Rd. 45585 Piute St. 45635 Piute St. 31464 Placer Conddeu 31366 Placer Condrieu 31373 Placer Condrieu 31381 Placer Condrieu 41256 Placer Lafite 30829 Point Woods Ct. 30840 Point Woods Ct. 30847 Point Woods Ct. 31812 Poole Ct. 31914 Poole Ct. 43128 Primavera Dr. 43138 Primavera Dr. 43141 Primavera Dr. 43148 Primavera Dr. 43158 Primavera Dr. 43159 Primavera Dr. 43168 Primavera Dr. 43169 Primavera Dr. 43178 Primavera Dr. 43176 Primavera Dr. 43179 Primavera Dr. 43185 Primavera Dr. 43188 Primavera Dr. 43191 Primavera Dr. 43120 Primavera Dr. 43199 Primavera Dr. 40986 Promenade Chardonnay 41004 Promenade Chardonnay 41007 Promenade Chardonnay 41010 Promenade Chardonnay 41013 Promenade Chardonnay 41016 Promenade Chardonnay 41019 Promenade Chardonnay 41022 Promenade Chardonnay 41025 Promenade Chardonnay 41028 Promenade Chardonnay 41031 Promenade Chardonnay 41034 Promenade Chardonnay 41037 Promenade Chardonnay 41040 Promenade Chardonnay 41043 Promenade Chardonnay 41046 Promenade Chardonnay 41049 Promenade Chardonnay 41051 Promenade Chardonnay 41055 Promenade Chardonnay 41063 Promenade Chardonnay 41056 Promenade Chardonnay 41067 Promenade Chardonnay 41292 Promenade Chardonnay 43034 Pudding Ct. 43062 Pudding Ct. 43083 Pudding Ct. 43104 Pudding Ct. 43105 Pudding Ct. 43118 Pudding Ct. 43119 Pudding Ct. 43132 Pudding Ct. 43133 Pudding Ct. 43146 Pudding Ct. 43147 Pudding Ct. 43160 Pudding Ct. 32379 Puerto Oro St. 32391 Puerto Oro St. 32403 Puerto Oro St. 32415 Puerto Oro St. 32427 Puerto Oro St. 32439 Puerto Oro St. 32451 Puerto Oro St. 28496 Pujol St. 28516 Pujol St. 28640 Pujol St. 45004 Putting Green Ct. 45023 Putting Green Ct. 45036 Putting Green Ct. 27087 Quail Creek Ct. 27097 Quail Creek Ct. 43992 Quiet Meadow Rd. 44083 Quiet Meadow Rd. 40133 Ram Ct. 40137 Ram Ct. 30901 Rancho Vista Rd. 31755 Rancho Vista Rd. 44873 Rein Ct. 41541Riesling Ct. 39175 Rising Hill Dr. 31093 Rivedon Ln. 31150 Rivedon Ln. 42075 Roanoake St. 42112 Roanoake St. 42168 Roanoake St. 42195 Roanoake St. 32426 Rosa Ct. 32442 Rosa Ct. 32434 Rosa Ct. 27498 Rosebay Ct. 27518 Rosebay Ct. 27558 Rosebay Ct. 40086 Roshani Dr. 40106 Roshani Dr. 32751 Rovato St. 32761 Rovato St. 32771 Rovato St. 32781 Rovato St. 32791 Rovato St. 32801 Rovato St. 32811 Rovato St. 32821 Rovato St. 32831 Rovato St. 32841 Rovato St. 32750 Rovato St. 32851 Rovato St. 32760 Rovato St. 32861 Rovato St. 32770 Rovato St. 32780 Rovato St. 32911 Rovato St. 32921 Rovato St. 41475 Royal Dornoch Ct. 31379 Royal Oaks Dr. 31382 Royal Oaks Dr. 31387 Royal Oaks Dr. 31388 Royal Oaks Dr. 31393 Royal Oaks Dr. 31394 Royal Oaks Dr. 31400 Royal Oaks Dr. 31406 Royal Oaks Dr. 31412 Royal Oaks Dr. 31418 Royal Oaks Dr. 31424 Royal Oaks Dr. 31424 Royal Oaks Dr. 16 EXHIBIT "C" 31452 Royal Oaks Dr. 31617 Royal Oaks Dr. 42009 Rubicon Cr. 42051 Rubicon Cr. 42052 Rubicon Cr. 42150 Rubicon Cr. 42163 Rubicon Cr. 42208 Rubicon Cr. 41355 Rue Jadot 31049 Ruidosa St. 31082 Ruidosa St. 31086 Ruidosa St. 31078 Ruidosa St. 31128 Ruidosa St. 39657 Rustic Glen Dr. 39860 Rustic Glen Dr. 39585 Rustic Glen Dr. 31134 Saho Ct. 43615 San Fermin Pi. 32400 San Mamo Dr. 32443 San Mamo Dr. 32475 San Marco Dr. 32484 San Marco Dr. 32628 San Mamo Dr. 32642 San Marco Dr. 32717 San Marco Dr. 30357 San Pasqual Rd. 30357 San Pasqual Rd. 30663 San Pasqual Rd. 30687 San Pasqual Rd. 30700 San Pasqual Rd. 27621 Sanderling Wy. 27628 Sanderling Wy. 27631 Sanderling Wy. 27641 Sanderling Wy. 27648 Sanderling Wy. 27668 Sanderling Wy. 31631 Sandhill Ln. 31681 Sandhill Ln. 31691 Sandhill Ln. 31703 Sandhill Ln. 31715 Sandhill Ln. 31727 Sandhill Ln. 31739 Sandhill Ln. 31751 Sandhill Ln. 31755 Sandhill Ln. 31767 Sandhill Ln. 31774 Sandhill Ln. 31775 Sandhill Ln. 31782 Sandhill Ln. 31783 Sandhill Ln. 31790 Sandhill Ln. 31791 Sandhill Ln. 31798 Sandhill Ln. 31799 SandhiJl Ln. 31806 Sandhill Ln. 31807 Sandhill Ln. 31814 Sandhill Ln. 31815 Sandhill Ln. 31822 Sandhill Ln. 31823 Sandhill Ln. 30026 Santiago Rd. 30985 Santiago Rd. 30020 Santa Cecilia Dr. 30070 Santa Cecilia Dr. 30157 Santa Cecilia Dr. 30169 Santa Cecilia Dr. 30170 Santa Cecilia Dr. 30240 Santa Cecilia Dr, 30327 Santa Cecilia Dr. 30363 Santa Cecilia Dr. 42696 Santa Suzanna PI. 42710 Santa Suzanna PI. 42780 Santa Suzanna PI. 42864 Santa Suzanna PI. 43813 Sassad St. 43821 Sassari St. 43837 Sassari St. 43843 Sassari St, 43845 Sassari St. 43853 Sassari St. 43861 Sassari St. 43885 Sassari St. 43893 Sassari St. 43901 Sassari St. 43914 Sassari St. 43925 Sassari St. 43498 Savona St. 43503 Savona St. 43506 Savona St. 43511Savona St. 43514 Savona St. 43522 Savona St. 43530 Savona St, 43557 Savona St, 43585 Savona St. 43586 Savona St. 43538 Savona St. 43546 Savona St. 43554 Savona St. 43564 Savona St. 43567 Savona St. 43570 Savona St. 43573 Savona St. 43578 Savona St. 43594 Savona St. 43597 Savona St, 43604 Savona St. 43607 Savona St. 43614 Savona St. 43670 Savona St. 43697 Savona St. 43700 Savona St. 41205 Sea island Ct. 31680 Sebastiani Cr. 31309 Seminole St. 31317 Seminole St. 31349 Seminole St. 31359 Seminole St. 31369 Seminole St. 31379 Seminole St. 31389 Seminole St. 31399 Seminole St. 31405 Seminole St. 31413 Seminole St. 31421 Seminole St. 31439 Seminole St. 31442 Seminole St. 31449 Seminole St. 31458 Seminole St. 31457 Seminole St. 31459 Seminole St. 31459 Seminole St. 31467 Seminole St. 31473 Seminole St. 31481 Seminole St. 31483 Seminole St. 30388 Senela Ct. 30392 Senela Ct. 27519 Senna Ct. 43136 Sereno Dr. 46146 Sereno Dr. 43156 Sereno Dr. 43166 Sereno Dr. 43176 Sereno Dr. 43186 Sereno Dr. 43185 Sereno Dr. 17 EXHIBIT "C" 43175 Sereno Dr. 43165 Sereno Dr. 30946 Shaba Cr. 30999 Shaba Cr. 31002 Shaba Cr. 31002 Shaba Cr. 31018 Shaba Cr. 31031Shaba Ct. 39527 Shadow View Ct. 31121 Shicali Ct. 31122 Shicali Ct. 31125 Shicali Ct. 41929 Shorewood Ct. 30198 Sierra Madre Dr. 30214 Sierra Madre Dr. 30241 Sierra Madre Dr. 30393 Sierra Madre Dr. 30484 Sierra Madre Dr. 30485 Sierra Madre Dr. 30544 Sierra Madre Dr. 30183 Silver Ridge Ct. 30332 Silver Ridge Ct. 41030 Simi Ct. 41057 Simi Ct. 29502 Solana Wy. 29504 Solana Wy. 27600 Sonora Cr. 27603 Sonora Cr. 27609 Sonora Cr. 27612 Sonora Ct. 27615 Sonora Ct. 27621 Sonora Cr. 27624 Sonora Cr. 27627 Sonora Cr. 27633 Sonora Cr. 27636 Sonora Cr. 27637 Sonora Cr. 27643 Sonora Cr. 27648 Sonora Cr. 27649 Sonora Cr. 27655 Sonora Cr. 27660 Sonora Cr. 27661 Sonora Cr. 27667 Sonora Cr. 27672 Sonora Ct. 27673 Sonora Ct. 27679 Sonora Cr. 27684 Sonora Cr. 27685 Sonora Cr. 27691 Sonora Cr. 27697 Sonora Cr. 27800 Sonora Cr. 30570 Southern Cross 30609 Southern Cross 42068 Southern Hills Dr. 42078 Southern Hills Dr. 42088 Southern Hills Dr, 42103 Southern Hills Dr, 30465 Spica Ct. 30563 Spica Ct. 31051 Spoon Cr. 31060 Spoon Cr. 31071 Spoon Cr. 31078 Spoon Cr. 31081 Spoon Cr. 27601 Stanford Dr. 27606 Stanford Dr. 27609 Stanford Dr. 27616 Stanford Dr. 27617 Stanford Dr. 27625 Stanford Dr. 27626 Stanford Dr. 27633 Stanford Dr. 27636 Stanford Dr. 27641 Stanford Dr. 27643 Stanford Dr. 27646 Stanford Dr. 27649 Stanford Dr. 40187 Starling St. 29140 Stone Wood Rd. 29210 Stone Wood Rd. 42211 Stone Wood Rd. 42211StoneWood Rd. 31129 Sunningdale Dr. 31141 Sunningdale Dr. 31178 Sunningdale Dr. 31179 Sunningdale Dr. 31202 Sunningdale Dr. 31207 Sunningdale Dr. 31226 Sunningdale Dr. 31238 Sunningdale Dr. 31245 Sunningdale Dr. 31250 Sunningdale Dr. 31257 Sunningdale Dr. 31274 Sunningdale Dr. 31358 Sunningdale Dr. 31262 Sunningdale Dr. 31269 Sunningdale Dr. 31274 Sunningdale Dr. 31283 Sunningdale Dr. 31286 Sunningdale Dr. 31295 Sunningdale Dr. 31298 Sunningdale Dr. 31307 Sunningdale Dr. 31317 Sunningdale Dr. 31318 Sunningdale Dr. 31322 Sunningdale Dr. 31333 Sunningdale Dr. 31345 Sunningdale Dr. 31358 Sunningdale Dr. 31359 Sunningdale Dr. 31370 Sunningdale Dr. 31373 Sunningdale Dr. 31382 Sunningdale Dr. 31384 Sunningdale Dr. 31393 Sunningdale Dr. 31394 Sunningdale Dr. 31413 Sunningdale Dr. 31418 Sunningdale Dr. 31427 Sunningdale Dr. 31430 Sunningdale Dr. 31442 Sunningdale Dr. 31443 Sunningdale Dr. 31454 Sunningdale Dr. 31459 Sunningdale Dr. 31466 Sunningdale Dr. 31475 Sunningdale Dr. 31478 Sunningdale Dr. 31490 Sunningdale Dr. 31527 Sunningdale Dr. 43803 Sunny Meadows Dr. 27511 Swallow Ct. 27488 Swallow Ct. 39936 Sweet Brier Cr. 42048 Sweetshade Ln. 42120 Sweetshade Ln. 42212 Tanager Cr. 42130 Teatree Ct. 42133 Teatree Ct. 31096 Tecumseh Ct. 45345 T~on Ct. 45360 T~on Ct. 41404 Temeku Dr. 18 EXHIBIT "C" 41486 Temeku Dr. 41504 Temeku Dr. 41522 Temeku Dr. 41637 Temeku Dr. 41687 Temeku Dr. 43111 Teramo St. 43113 Teramo St. 43140 Teramo St. 43149 Teramo St. 43159 Teramo St. 43169 Teramo St. 43179 Teramo St. 43219 Teramo St. 39527 Terrill Ct. 27455 Tierra Alta Wy. 42677 Tierra Flobles 42820 Tierra Robles 27709 Tierra Vista Rd. 27735 Tierra Vista Rd. 27759 Tierra Vista Rd. 27783 Tierra Vista Rd. 27807 Tierra Vista Rd. 27833 Tierra Vista Rd. 28187 Tierra Vista Rd. 28251 Tierra Vista Rd. 28304 Tierra Vista Rd. 28344 Tierra Vista Rd. 28360 Tierra Vista Rd. 39552 Tischa Dr. 39564 Tischa Dr. 45264 Tournament Ln. 45320 Tournament Ln. 45332 Tournament Ln. 45470 Tournament Ln. 45513 Tournament Ln. 30251 Tradewater 30261 Tradewater 30330 Tradewater 30360 Tradewater 30370 Tradewater 44861 Trotsdale Dr. 44868 Trotsdale Dr. 44870 Trotsdale Dr. 44953 Trotsdale Dr. 44961 Trotsdale Dr. 42767 Twilight Ct. 42815 Twilight Ct. 43407 Tylman St. 43430 Tylman St. 43440 Tylman St. 43450 Tylman St. 43480 Tylman St. 43503 Tylman St. 43522 Tylman St. 43523 Tylman St. 29885 Vail Brook Dr. 32901 Valence Ct. 32904 Valence Ct. 32917 Valence Ct. 32935 Valence Ct. 32940 Valence Ct. 32945 Valence Ct. 32961 Valence Ct. 32972 Valence Ct. 32983 Valence Ct. 32973 Valence Ct. 32982 Valence Ct. 32987 Valence Ct. 32988 Valence Ct. 32995 Valence Ct. 32996 Valence Ct. 33002 Valence Ct. 33003 Valence Ct. 33004 Valence Ct. 33007 Valence Ct. 33010 Valence Ct. 33011 Valence Ct. 33014 Valence Ct. 33017 Valence Ct. 33020 Valence Ct. 33025 Valence Ct. 33030 Valence Ct. 33031 Valence Ct. 33039 Valence Ct. 40143 Valeriana Ct. 29620 Valle Olvera 29960 Valle Olvera 29976 Valle Olvera 28850 Vallejo Ave. 29172 Vallejo Ave. 29176 Vallejo Ave. 29675 Vallejo Ave. 29675 Vallejo Ave. 29710 Vallejo Ave. 29835 Vallejo Ave. 41756 Vardon Dr. 41762 Vardon Dr. 41769 Vardon Dr. 41796 Vardon Dr. 41831 Vardon Dr. 41869 Vardon Dr. 42027 Veneto Dr. 42132 Veneto Dr. 42134 Veneto Dr. 42142 Veneto Dr. 42144 Veneto Dr. 42152 Veneto Dr. 42154 Veneto Dr. 42162 Veneto Dr. 42164 Veneto Dr. 42172 Veneto Dr. 42174 Veneto Dr. 42182 Veneto Dr. 42192 Veneto Dr. 32841 Veneto Dr. 32842 Veneto Dr. 32842 Veneto Dr. 32844 Verona Ct. 32845 Verona Ct. 32849 Verona Ct. 32854 Verona Ct. 32855 Verona Ct. 32858 Verona Ct. 32865 Verona Ct. 32861 Verona Ct. 32864 Verona Ct. 32869 Verona Ct. 32870 Verona Ct. 32873 Verona Ct. 32876 Verona Ct. 32881 Verona Ct. 32882 Verona Ct. 41221 Via Aguila 41261 Via Aguila 42857 Via Alhama 42881 Via Alhama 42897 Via Alhama 42905 Via Alhama 42923 Via AIhama 33223 Via Alvaro 33254 Via Alvaro 33254 Via Alvaro 33314 Via Alvaro 43125 Via Angeles 43135 Via Angeles 19 EXHIBIT "C" 43145 Via Angeles 43155 Via Angeles 43232 Via Angeles 43256 Via Angeles 43319 Via Angeles 43384 Via Angeles 43384 Via Angeles 30124 Via Arboleda 32215 Via Arias 32225 Via Arias 32226 Via Arias 32255 Via Arias 32265 Via Arias 32266 Via Arias 32275 Via Arias 32166 Via Bande 32219 Via Bande 42065 Via Beso 32031 Via Bonilla 32031 Via Bonilla 32208 Via Brande 31765 Via Campanario 30348 Via Canada 30367 Via Canada 32265 Via Cesario 33185 Via Chapparo 32253 via Cirillo 42312 Via Consuelo 42312 Via Consuelo 31665 Via Cordoba 61665 Via Cordoba 61675 Via Cordoba 32025 Via Cordoba 32045 Via Cordoba 32100 Via Cordoba 30207 Via Corsica 30170 Via De La Mesa 32301 Via Destello 32307 Via Destello 32315 Via Destello 32323 Via Destello 32331 Via Destello 32339 Via Destello 32341 Via Destello 32080 Via Cordoba 32355 Via Destello 32363 Via Destello 32371 Via Destello 32403 Via Destello 32411 Via Destello 32419 Via Destello 32427 Via Destello 32435 Via Destello 32545 Via Destello 43094 Via Dos Picos 31408 Via Eduardo 31029 Via Gilbedo 43034 Via Jumilla 43082 Via Jumilla 40900 Via Los Altos 29797 Via Las Chacras 29489 Via Las Colinas 29489 Via Las Colinas 40895 Via Los Altos 40940 Via Los Altos 27873 Via Montezuma 28753 Via Montezuma 28870 Via Node 28870 Via Node 29290 Via Norte 29370 Via Notre 29370 Via Node 29385 Via Node 29760 Via Norte 29930 Via Node 29933 Via Node 29991 Via Node 29996 Via Norte 30577 Via Node 31040 Via Node 31100 Via Node 45111 Via Quivera 45126 Via Quivera 45179 Via Quivera 43210 Via Sabino 43220 Via Sabino 43230 Via Sabino 43230 Via Sabino 43240 Via Sabino 43242 Via Sabino 43250 Via Sabino 43299 Via Sabino 43402 Via Sabino 43416 Via Sabino 31797 Via Saltio 31454 Via San Carlos 31548 Via San Carlos 31835 Via Tafalla 31755 Via Telesio Ct. 31757 Via Telesio Ct. 30318 Via Val Verde 41859 Via Vasquez 30097 Via Velez Pi. 33463 Victoria Ct. 40211 Vidette Ct. 40212 Vidette Cr. 40227 Vidette Cr. 40232 Vidette Cr. 29847 Villa Alturas Dr. 29900 Villa Alturas Dr. 29921 Villa Alturas Dr. 29943 Villa Alturas Dr. 30030 Villa Alturas Dr. 30031 Villa AIturas Dr. 30047 Villa Alturas Dr. 30066 Villa Alturas Dr. 30120 Villa AIturas Dr. 42821 Villa Terrace Ct. 42835 Villa Terrace Ct. 31847 Vineyard Ave. 41090 Vintage Cr. 41112 Vintage Cr. 43080 Vista Del Rancho 43113 Volterra St. 43145 Votterra St. 20 43180 Volterra St. 43210 Volterra St. 40095 Walcott Ln. 39557 Warbler Dr. 39556 Warbler Dr. 30563 Warbler Dr. 30941 Wedge Wy. 31664 Weibel Cr. 30944 Wellington Cr. 30979 Wellington Cr. 30850 White Rocks Cr. 30881 White Rocks Cr. 30910 White Rocks Cr. 30055 Willow Dr. 30065 Willow Dr. 30075 Willow Dr. 30085 Willow Dr. 30088 Willow Dr. 30095 Willow Dr. 30098 Willow Dr. 30105 Willow Dr. 30108 Willow Dr. 30115 Willow Dr. 30125 Willow Dr. 30135 Willow Dr. 30145 Willow Dr. 41452 Willow Run 40337 Windsor Rd. 40479 Windsor Rd. 29667 Windwood Ct. 29670 Windwood Ct. 29679 Windwood Cr. 29681 Windwood Cr. 29682 Windwood Cr. 29691 Windwood Cr. 29694 Windwood Cr. 29670 Windwood Cr. 29811 Windwood Cr. 29813 Windwood Ct. 28510 Woodside 40461 Yardley Ct. 30088 Ynez Rd. EXHIBIT "C" 41685 Yorba Ave. 41628 Zinfandel Ave. 41655 Zinfandel Ave. 21 ITEM 7 APPROVAL CITY ATTORNEY DIRECTOR OF FINANq~E_~:~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Anthony J. Elmo, Chief Building Official DATE: August 14, 2001 SUBJECT: Approval of Contracts for Plan Review Services RECOMMENDATION: That the City Council approve: A three year Agreement for Consultant Services with Esgil Corporation, to perform plan review services, for the Building and Safety Department for a total amount not to exceed one hundred thousand ($100,000) dollars annually. A three year Agreement for Consultant Services with VanDorpe Chou and Associates, to perform plan review services for the Building and Safety Department for a total amount not to exceed one hundred thousand ($100,000) dollars annually. DISCUSSION: The Building and Safety Department has utilized consultant services to perform both structural and non-structural building plan check since 1990. Since 1998, Building and Safety has maintained contract agreements with Esgil Corporation and Van Dorpe Chou and Associates, utilizing consultant plan check services to our customers on an as needed basis. The current plan check contract agreements expired on June 30, 2001. Staff sent out Requests for Proposal (RFP) to various plan check firms and received proposals from six (6) qualified firms interested in providing plan check services to the City. The firms that responded to the RFP were: Willdan Associates Scott Fazekas and Associates Van Dorpe Chou and Associates Melad and Associates Young Engineering Services Esgil Corporation 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 $704,000. 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. After careful review and analysis of current service levels and the qualifications and proposals of the RFP respondents, it was determined that Esgil Corporation and Van Dorpe Chou and Associates best meet the plan check service needs of the Building and Safety Department. FISCAL IMPACT: $200,000 has been included in the Fiscal Year 2001-02 budget in Account No. 001-162-999-5248, "Consulting Services", for the anticipated cost of these contracts for Fiscal Year 2001-02. R:\BROCKMEIIAGENDA%ESGILVAN 2001-02.D0C ] 8/8/01 CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES PLAN CHECK SERVICES THIS AGREEMENT, is made and effective as of July 1, 2001, 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 2001, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2004, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks, in an amount not to exceed one-hundred thousand ($100,000) dollars annually for the three (3) year term of this Agreement. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Building Official. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Building Official and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. P~Agreernents\Consultant 00 I 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 4. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer P~Ag reements\Consulta nt 00 2 software and hardware for purposes of accessing, compiling, transferring and printing computer files. 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, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code I (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 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. (City may waive if travel will not be required. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. p~Ag reements\Consu[tant 00 3 (4) Professional Liability coverage: :) Two million ($2,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (2) (3) (4) (5) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. For any claims related to this project, the Consultant's ~nsurance 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. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except 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:Vll, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. 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 P~Ag reernents~Consu]ta nt 00 4 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. t 0. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11, LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. t2. 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 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 P~Ag reements\Consulta nt 00 5 provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: To Consultant: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Clerk Esgil Corporation 9320 Chesapeak Dr. #208 San Diego, CA 92123 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the nature of the services to be rendered pursuant to this Agreement, only Esgil Corporation shall perform the services described in this Agreement. Esgil Corporation may use assistants, under their direct supervision, to perform some of the services under this Agreement. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgement, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractodconsultant covenants and agrees to their knowledge that no board member, office or employee of the City of Temecula has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to P~Agreements~Consultant O0 6 the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 18. 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. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero, Mayor Attest: Susan W. Jones, CMC City Clerk P~Ag reements\Consulta nt 00 7 Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Esgil Corporation Name: By: Richard Esgate Title: By:. Name: Title: (Signatures of two corporate officers required for Corporations) P~Agreements\Consultant 00 8 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 codes as follows: Completion by consultant of a comprehensive building fee mock-up designed by the City of Temecula 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 Mechanical Code Requirements State Title 24 energy conservation compliance City amendments to the uniform codes p~Agreements\Consultant O0 9 ~.x- [BIT B . scm coiip0ks o I. Full plan review for compliance with the following regulations as applicable: - U.B.C.~ U.P.C., U.M.C., N.E.C. - local code amendments - Disabled Access - Energy Conservation (Includes all rechecks) H. Stmctural.0nly plan review for compliance with U.B.C. ' (Includes all rechecks) III. Plan review of major plan revisions initiated by designer after eompletlon of plan review. . (This does not include revisions required tn comply with our. deficiency list) IV. Subdivision model homes including all options and Elevations. (City checking the repel/fives). Note: The single fee in I, II, & IV include: l. Preliminary consultation by phone, fax, mail or meeting in Esg/l's office. 2. Typed !ists of. code deficiencies provided to the designer and jurisdictiOn for.all initial reviews and rechecks. 3. All required rechecks ofc°rrections. 4. All liaison, with Building Official on discretionar7 items and appeals. 5...Telephone recheck confereaee.or in person reeheck conferences with all plan review engineer disciplines. % OF TEMECULA ADOPTED PERMIT FEE 52% hourly when authorized by jurisdiction at our preferred rate. 75% surcharge added to."l" above for each tllod(~]. 8/'6/01 CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES PLAN CHECK SERVICES THIS AGREEMENT, is made and effective as of July 1, 2001 between the City of Temecula, a municipal corporation ("City") and Van Dorpe Chou and Associates, ("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, 2001 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2004, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks, in an amount not to exceed one hundred thousand ($100,000) dollars annually for the three year term of this Agreement. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Building Official. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Building Official and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. P~Agreements\Consultant 00 1 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSF, a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS, a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer P~Ag reements\Consultant O0 software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnity, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain 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 arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 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 projectJlocation 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. (City may waive if travel will not be required. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. P~Ag reements\Consulta nt O0 3 (4) Professional Liability coverage: :) Two million ($2,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retention,~ Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (2) (3) (4) ($) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. For any claims related to this project, the Consultant's insurance coverage shall be 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. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except 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. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Covera,qe. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on P~Agreemenls\Cons ullanl O0 4 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. t0. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. '12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without 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 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 P~Agreements\Cons uitant 00 5 provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: TO Consultant: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: Building Official Van Dorpe Chou and Associates 295 N. Rampart St. Orange, CA 92668 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the nature of the services to be rendered pursuant to this Agreement, only Van Dorpe Chou and Associates shall perform the services described in this Agreement. Van Dorpe Chou and Associates may use assistants, under their direct supervision, to perform some of the services under this Agreement. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 18. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgement, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, office or employee of the City of Temecula has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either P~Ag reements\Consultant 00 party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 18. 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. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero, Mayor Attest: Susan W. Jones, CMC City Clerk P~Agreements\Consullant 00 7 Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Van Dorpe Chou and Associates Name: By: Dan Van Dorpe Title: By: Name: Title: (Signatures of two corporate officers required for Corporations) P~Ag reements~Consulta nt 00 8 EXHIBIT A TASKS TO BE PERFORMFI') PLAN CHECKING Provide a complete plan check service to the City of Temecula including analysis for compliance with the City's adopted codes as follows: Completion by consultant of a comprehensive building fee mock-up designed by the City of Temecula 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 Mechanical Code Requirements State Title 24 energy conservation compliance City amendments to the uniform codes P~Ag reements\Cons ultant O0 9 EXHIBIT "B" Commercial Building Plan Check per the California Building Code Fifty-two percent (52%) of the permit fee collected by the City. Rechecks are included in the basic fee. After the third recheck, an hourly fee will be assessed. Reviews of revisions to plans that have been previously approved for permit issuance will be performed in accordance with the attached hourly fee schedule. Structural Plan Check Only Hourly in accordance with the attached hourly fee schedule. Accelerated Plan Check Accelerated plan reviews will be provided when specifically requested by the City at no additional cost. Plan Check at City Office For long term in-house structural and non-structural plan check, we can furnish a plan check engineer at an hourly rate of equal to 80% of our normal hourly rates. Additional Service Additional service not included in the basic services listed above will be provided at an hourly rate in accordance with the following "2001 Hourly Fee Schedule" or as otherwise agreed upon. For typical tract model homes with multiple elevations and options, we propose an increase by approximately seventy five percent (75%). The plan review fee shall be ninety-one percent (91%) of the permit fee. -1- VANDORPE CHOU ASSOCIATES, INC. 2001 HOURLY FEE SCHEDULE Personnel Services Licensed Professional Plan Check Engineer .............................................. $75.00 Structural Plan Check Engineer .............................................................. $80.00 Plan Checker .................................................................................... $60.00 Combination Building Inspector ............................................................. $55.00 Building Inspector .............................................................................. $45.00 Programmer Analyst ........................................................................... $75.00 ITEM 8 APPROVAL V~,¢, '~'"'"' CITY ATTORNEY DIRECTOR OF FINA~/.~5~E._/~/~' CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Jim O'Grady, Assistant City Manager August 14, 2001 Consideration of The Inland Empire Susan G. Komen Breast Cancer Foundation "Race For The Cure" Sponsorship Request PREPARED BY: Aaron Adams, Sr. Management Analyst RECOMMENDATION: That the City Council approve the event sponsorship agreement in the amount of $25,000 with The Inland Empire Affiliate of The Susan G. Komen Breast Cancer Foundation and authorize the Mayor to execute the agreement. BACKGROUND: Staff has received a request from The Inland Empire Affiliate of The Susan G. Komen Breast Cancer Foundation, to provide City support costs for the Race For The Cure. The Race will be held at the Promenade Mall in Temecula, corner of Ynez and Winchester Road, on Sunday, October 21, 2001. This event is family-oriented, with something for everyone. In addition to the Team Competition, the schedule includes Women's and Coed 5K Run/Walks, a family One-Mire Fun Run/Walk, live entertainment, exhibits, a Guidant Kids' Expo, a health and fitness expo, refreshments and prize drawings. A special ceremony will be held that pays tribute to the hundreds of breast cancer survivors expected to participate. The Race will serve as a fundraiser for The Susan G. Komen Breast Cancer Foundation, a non- profit organization that was established in 1982. 75% of the net Race proceeds will fund local breast health education programs to spread the lifesaving message of early detection to thousands of Inland Empire men and women. 25% of the net Race proceeds support cutting edge research grants of the Komen Foundation. The Komen Foundation is a national organization with a volunteer network in the Inland Empire and other affiliates across the countryfighting to eradicate breast cancer as a life-threatening disease by advancing research, education, screening and treatment. In just eighteen years, The Komen Foundation has raised more than $200 million, becoming one of the word's leading catalysts in the fight against breast cancer. Races will be held in 107 U.S. cities and two foreign countries in 2000 with over one million participants e~aected. In the United States an estimated 175,000 women and 1,300 men will be diagnosed with breast cancer and 43,700 women and 400 men will die from the disease this year. Every day in the Inland Empire a woman dies of breast cancer. For the last 2 years the Inland Empire Race has been held in Temecula and proved to a success. Last year's event raised over $300,000 for treatment, education and outreach. In addition, $125,000 was also raised last year exclusively for cancer research. The attendance for this year's event is estimated at between 10,000 - 12,000 participants Businesses are encouraged to support this event by getting their employees involved. Many local and out-of-area businesses have registered their teams. The City of Temecula employees are planning to enter a team in the e,,ent. In January 2001, the committees began implementing plans for the Inland Empire's Race. E~ent promotions began in May of this year which have included event posters, website, print media, radio, and the distribution of over 300,000 entry forms. This event has gained wide support by our community, throughout the inland Empire and on a national level. A sampling of Temecula sponsors includes Guidant, Home Depot, Milgard Windows, Plant Equipment, Albertsons, Sav-On and The Promenade Mall. National sponsors include: American Airlines, Johnson & Johnson, Ford, Yoplait, New Balance and the National Football League. In addition to its primary aim of fundraising for The Susan G. Komen Breast Cancer Foundation, the event has the potential to provide tourism and economic benefits to the City of Temecula. The Race For The Cure will give exposure for Temecula both on a local and national level. The event should increase tourism revenue for the City's restaurants, hotels, shopping areas, and the v~neries. Based on last years event, staff estimates that should Council choose to approve this sponsorship, City support costs such as police, fire, and public works would be approximately $7,000. FISCAL IMPACT: It is estimated that City support costs for this event would be approximately $7,000.00. In addition, a total of $25,000 is budgeted in the Community Services Funding Line-Item in the FY2001-02 Operating Budget. ATTACHMENTS: Attachment A - Attachment B - Attachment C - Attachment D - Sponsorship Benefits Race for the Cure Mid-Year Report, Grant Progress Report, & Budget Report Estimated CitySupport Costs Sponsorship Agreement ATTACHMENT A - SPONSORSHIP BENEFITS The City of Temecula's benefits as a Bronze Sponsor of The Inland Empire Susan G. Komen Breast Cancer Foundation Race For The Cure: · City logo/or name will appear on flyers, advertisements, and program relating to the event. · The City logo/or name will appear on posters and promotional items relating to the 2001 event. · Free booth space at event · City banner displayed · City name on all press releases · City of Temecula advertisement in the official program ATTACHMENT B - RACE FOR THE CURE MID YEAR REPORT, GRANT PROGRESS REPORT AND BUDGET REPORT Susan G. Komen Breast Cancer Foundation Mid-Year Report 2001 Press Enterprise and La Prensa Newspaper Ads Temecula FamilV Health Center and Susan G. Komen Breast Cancer Foundation want you to take care of yoUrself because Don't be too busy to take care of yourself Breast Cancer is the leading cause of cancer deaths among women ages 40-59. See your medical provider for a clinical breast exam every year Call the Temecula Family Health Center at 600-6300 to make an appointment today. 41002 County Center Drive by the Temecula Public Library Financial assistance available if eligible El Ce.tro de Solud Familiar de Temec.~o · Y La FundaciSn de Susan G. Komen de CAncer del Seno Quieren que usted se cuide. El cdncer en/os senos es_la causa principal de muertes de cdncer en las mu]eres, entre las edades de 40 a 59 afios. Visite al doctor para hacerse un exdmen de los senos cada a~o. Llame al Centro de Salud Familiar de Temecula Haga su cita ahora. (909) 600-6300 41002 County Center Drive cerca de la Biblioteca Pdblica de Temecula Se offece ayucla flnanclera si es eleglble Temecula Family Health Center and Susan G. Komen Breast Cancer Foundation Bsea~t Health/Breast Cancer Education Project January' 1, 2001 to December 31, 2001 PROJECT SUMMARY Project: This outreach/inreach education project will target women over 40 years who are medically undetserved to increase their awareness of the need for monthly breast self-ex~ nas; an ntlal clinical breast exarn~ and mammograms. Service access points for breast health services will be highlighted and target population will be encouraged to take advantage of free services offered at Temecula Family Health Center (TFHC) through the Breast Cancer Early Detection Program (BCEDP). This will be accomplished through extensive outreach and marketing. Need: Before outreach was started in the Temecula and Murrieta Valley areas by TFHC in January 2000, an average of 6 women a month received CBEs at TFHC. With the start of the marketing project funded through the Susan G. Komen Foundation in 2000, the number rose to 11 per month within six months and is currently at 15 per month. Continued outreach and marketing will maintain and increase the number of women coming to the health center to receive clinical breast care services. Once women are seen byTFHC, dinic records sho,~ a high percentage of women are rescreened within the recommended time and most women follow through on receiving their recom mended mammogram- Target Popnladon: Women over 40 with an emphasis on medically tmderserved women, to indude Afri: can/American, Asian, Hispanic and American Indian women living in the Temecula and Murfieta Valley areas. It is estimated that over 53,000 women will be impacted by the project. Aetivitiea: This is a continuation activity for TFHC. Last year, TFHC was awarded Susan G. Kamen Breast Cancer Foundation funding to begin a marketing campaign to inform the community about the breast care services available through the health cente~ Up to this time, TFHC had very little visibility in the community due to lack of marketing funds. Very few people knew that TFHC was the only community health center serving the needs of the low income and underserved population in Temecula and Murrieta Valley areas. Last year's project utilized movie theater advertisements, newspaper advertisements and educational fliers as a means of getting the word out about the project. Staff funded through the project included the Director/Graphic Designer while the Project Advisor and Outreach Worker were in-kind. In this continuation project, the Project Director, Project Advisor (Coordinator) and Outreach Worker are funded to complete the following activities: Devdop and publish breast health education advertisements in The Press Enterprise, La Prensa and Neigh- bors newspapers Develop and air Public Service Announcements for the local Spanish and English speaking radio stations. Develop and distribute educational rnatetials to local businesses, community organizations, church groups and the Temecula Family Health Center. Give educational presentations at local businesses, community organizations, gathering places, church groups and the Tem. egfla Family Health Center Contact: Taide V'dla, Project Advisor (760) 737-2030 41002 County Center Dr., #310, Temecula, CA 92591 Susan G. Komen Breast Cancer - Foundation Mid-Year Report 2001 Breast Cancer Educational Flyers for the Community Temecula Family Health Center and Susan G. Komen Breast Cancer Foundation want you to take care of yourself. Breast Cancer is the leading cause of cancer deaths among women ages 40-59. 1. Do a breast self-exam every month. 2. see your medical provider for a clinical breast exam every year. 3. Get mammograms done on a regular basis if you are over 40. If you are a woman over 40 years old and need a clinical breast exam Call the Temecula Family Health Center today to make an appointment. (909) 600-6300 Located at 41002 County Center Drive by the Temecula Public Library Financial assistance available for those who are eligible El Centro de Salud Familiar de Temecula Y La FundacicSn de Susan G. Komen de C~Sncer del Seno ©uieren que usted se cuide. El c6ncer en los senos es la causa, principal de muertes de c6ncer en las mujeres, entre, las edades de 40 a 59 a~os. Visite al doctor para hacerse un ex6men de los senos cada aflo. Llame al Centro de Salud Familiar de Temecula Haga su cita ahora. (909) 600-6300 41002 County Center Drive cerca de Ia Biblioteca POblica deTemecula ' Se' ofrece ay'uda financiera si es elegible EXIBIT B GRANT PROGRESS REPORT TO THE Inland Empire Affiliate of the Susan G. Komen Breast Caneer Foundation PROJECT.DIRECTOR: __Gagnon Last Name AGENCY: Temeeula Family Health Center PROJECT TITLE: KOMEN PROJECT PERIOD COVERED BY PROGRESS REPORT: FROM: 01/01/01 TO: Month/Day/Year Doreen First Name Due Date: 07/01/01 Middle Initial 06/30/01 Month/Day/Year 1. Project Progress Report: In this section, list progress of project toward meeting objectives as outlined in Grant Application, including number of people served during this period. (1 page) Taide Villa and Aha Nomura, the outreach worker and project coordinator have gone out in the eommanity to distribute Komen flyers and breast clinic edueatinn. A total of 700 Komen flyers were distn"outed in the Temecula area. The following are the agencies and businesses we have outreached and have given out flyers: Temecula School District Nurses, Temecula Head Start, Molina Restaurant, Temecula Tortilleria, ABC Preschool and Child Care Clx., Anne Sullivan NUrSery School, Murrieta Ranch Nursery Preschool, Backyard Buddies, Hope Children's Center, Temecula Public Library, KinderCare Learning Center, WIC and the Alternatives to Domestic Violence. The newspaper ads 'have gone out already for the months of May, June and July. The ads were printed in the Press Enterprise Newspaper and La Prensa (spanish newspaper). The staffhas been developing the public service announcement (PSA) for the radio. We are researching English and Spanish radio stations to place the PSA. The PSA will state the importance of breast exams and mammograms for women over 40 and the different sites where women can go to have them done. Arm Nomura, the project's outreach worker, has been working with Dr. Nevarez, Temecula Family Health Center Medical Director, to organi?e the volunteers for the health education booth at the "Race for the Cure" event and to obtain incentives to give out. Dorcen Gagnon, the project's director, has updated all flyers with the Komen information and the newspaper ads, since the beginning of the year. Proposed Changes: In this section, please report any proposed changes in project design, project personnel, or project budget. Please use the "Request for Change/Amendment" form. (1 page per change, if any) None Other Sources of Support: In this section, please list any notice or receipt of other sources of support for this project received during the past six months. (1 page plus attachments) BCEDP cominues to support breast clinical exams and mammograms for eligible wome~ 4. Project Materials: In this section, please list and attach all published or produced materials, pict~ures, etc. for the past six months. (1 page plus attachments) English Komen Flyer Spanish Komen Flyer English Komen Ad Spanish Komen Ad 5. Accounting of Grant Funds: Please attach a current accounting of grant funds using the Budget Progress Report form. (1 page) Additional Information: The Press Enterprise and La Prensa Newspapers are distn"outed in the Riverside County. We print a Spanish and English ad every month. Our newspaper ad covers 20~000 residents between Murricta, Lake Elsinore and Temeeulm This means we send our educational message to 20,000 residents per month. The Temecula Health Center has seen 146 clinical breast exams patients fxom January 2001 to June 2001. Sig~nature of Project Directo~ Date Suean G. Korean Breaat Cancar Foundation Pemonnel Sewloea D.Gagnan - project Director T. Villa. Project Coordinatnr A. Nomura - Outmaoh WoOer E. Nvar,= - Admln Assistant F~nge Benefits (1 Total Personnel: 1,182.60 1,182.6D ~2,330.00 1,147.40 3,105A8 ' 3,106.48 $6,400.00 3,293.52 2,258.00 2,288.00 $4,780.00 2,492,00 2,410.96 2,410.98 $4,700.00 2'289.05 lr415.61 1~415.61 $2~868.00 .1~482,3g 10,403.64 10,403.64 21,078.00 10,674.36 Operating Ex~n~ea: Education M Offkie 6uppll Equipment Phctocopyln; Marketing E] Mileage Communlcal Total Indlm~ (10%): Total Grant F~ Signed: ~ 181ide Production Itl md~ Expendi~uma 0.00 0.00 3,000.00 3,000.00 117.86 '117.86 2,740.00 2,622.14 0,00 0.00 600.00 600.00 :300.00 :300.00 fl00.00 230.$5 230.85 2,587.00 2,368.46 ~8.oo 888.00 1,382.00 a04.0o 198.00 198.00 390.00 192.00 677.60 57;'.60 1~170.00 592.50 12,4t8.58 t2.415.55 ~3,887.00 10.457.0~ 1,241 .~ t ,241.58 3,356.00 2,114.44 13,65T.11 13,887.11 3~f813.00 , , , ~3,211~.88 · Date: ATTACHMENT C - ESTIMATED CITY SUPPORT COSTS Based on last years event sponsorship, the following expenses can be anticipated for this event: Police: $2,400.00 Fire: $ 300.00 Public Works: $3,700.00 Code Enforcement: $ 600.00 TOTAL: $7,000.00 ATTACHMENT D- SPONSORSHIP AGREEMENT FUNDING AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE INLAND EMPIRE AFFILIATE OF THE SUSAN G. KOMEN BREAST CANCER FOUNDATION This Agreement, made this 14th day of Auqust 2001, by and between the CITY OF TEMECULA, (hereinafter referred to as "City"), and THE INLAND EMPIRE AFFILIATE OF THE SUSAN G. KOMEN BREAST CANCER FOUNDATION, a California nonprofit corporation (hereinafter referred to as "IESGKF"). A. IESGKF will operate the "Inland Empire Susan G. Komen Race For The Cure" on October 21, 2001. The Race For The Cure is a special event located at The Promenade Mall in Temecula, corner of Ynez and Winchester Road. The event includes Women's and Coed 5K RunNValks, a family One-Mile Fun Run/Walk, live entertainment, exhibits, a Guidant Kids' Expo, a health and fitness expo, refreshments and prize drawings. Las year's attendance was approximately 7,000 people. The attendance for this year's event is estimated between 10,000 - 12,000 attendees. B. The City of Temecula desires to provide Community Services Funding and city-support costs of Public Works, Fire and Police for the 2001 Inland Empire Susan G. Komen Race For The Cure. AGREEMENT NOW, THEREFORE, it is agreed by and between the padies as follows: A. In exchange for providing for the Inland Empire Susan G. Komen Race For The Cure of approximately $7,000.00 for all city-support costs of Public Works, Fire and Police, the City of Temecula shall receive the benefits as listed in Attachment A - 1. B. The Community Services Funding Grant of $25,000 cash will be allocated to pay for breast exams, counseling and other services for under served Temecula citizens as noted in the document titled "Affiliate Procedures and Qualifications for Acceptance of Restricted Donations" (refer to Attachment A - 2). C. Within 60 days following the Inland Empire Race For The Cure, IESGKF shall prepare and Submit to the Assistant City Manager a written report evaluating the Race For The Cure, its attendance, and describing the materials in which the City was listed as a financial supporter. The repod should also include samples of media press clippings, flyers, pamphlets, etc. in a presentation notebook format. D. The IESGKF shall file Temporary Use Permit and Special Event Permit applications with the City of Temecula no later than 90 days preceding the day of the Race For The Cure event. E. IESGKF agrees that it will defend, indemnify and hold the City and its elected officials, officer, agents, and employees free and harmless from all claims for damage to persons or by reason of IESGKF's acts or omissions or those of IESGKF's employees, officers, agents, or invites in connection with the Inland Empire Race For The Cure to the maximum extent allowed by law. F. IESGKF shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive general liability and liquor liability in which the City is named insured or is named as an additional insured with IESGKF and shall furnish a Certificate of Liability by the City (refer to Attachment B). Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached hereto, the protection offered by the policy shall; Include the City as the insured or named as an additional insured covering all claims arising out of, or in connection with, the Inland Empire Race For The Cure. Include the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with Inland Empire Race For The Cure. 3. Provide the following minimum limits: (A) General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. The insurer shall agree to waive all rights of subrogation against the City, its officer, officials, employees and volunteers for losses arising from the Inland Empire Race For The Cure. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days beforehand. Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officers, officials and employees or IESGKF shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. G. Should any litigation be commenced between the parties, hereto, concerning the provisions of this Agreement, the prevailing party concerning the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition to any other relief to which it may be entitled. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. DATED: THEINLAND EMPIRE AFFILIATE OF THE SUSAN G. KOMEN BREAST CANCER FOUNDATION CITY OF TEMECULA BY: Joan Sparkman, President of the Inland Empire Affiliate of the Susan G. Komen Breast Cancer Foundation Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney ATTACHMENT A - 1 SPONSORSHIP BENEFITS In exchange for providing for the Inland Empire Susan G. Komen Race For The Cure of approximately $7,000.00 for all city-support costs of Public Works, Fire and Police, the City of Temecula shall receive the following benefits. · City logo/or name will appear on flyers, advertisements, and program relating to the event. · The City logo/or name will appear on posters and promotional items relating to the 2001 event. · Free booth space at event · City banner displayed · City name on all press releases · City of Temecula advertisement in the official program ATTACHMENT A - 2 COMMUNITY SERVICES FUNDING GRANT The Community Services Funding Grant of $25,000 cash will be allocated to pay for breast exams, counseling and other services for under served Temecula citizens as noted in the document titled "Affiliate Procedures and Qualifications for Acceptance of Restricted Donations" (document attached). In 6 months and again in 12 months following the Inland Empire Race For The Cure, the IESGKF will provide a general summary report on how funds were expended and what clinics/health agencies received funding and that funds were used for under served Temecula residents. Upon request, City staff may audit the supporting documentation from the IESGKF. ATTACHMENT B CERTIFICATE OF LIABILITY ITEM 9 CITY ATTORNEY DIRECTOR OF FINANC~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council James O'Grady, Assistant City Manage~,~--~ August 14, 2001 Approve Sponsorship Requests for the Temecula Town Association Special Events Prepared by: Gloria Wolnick, Marketing Coordinator RECOMMENDATION: 1) That the City Council approve funding for the following Temecula Town Association events: a) b) c) Funding for the Rod Run for actual city-support costs in the amount up to $34,880. Funding for the Frontier Days Rodeo for actual city-support costs in the amount up to $8,470. Funding for the Groat Temecula Tractor Race for actual city-support costs in the amount up to $15,720. 2) That the City Council approves the event sponsorship agreements with the Temecula Town Association and authorizes the Mayor to execute the agreements. DISCUSSION: Staff has received from the Temecula Town Association (TTA) the annual sponsorship requests for the Temecula Rod Run, Frontier Days Rodeo, and The Great Temecula Tractor Race. On Tuesday, June 12, 2001, the City Council approved funding for these events as part of the City's FY 2001-02 Operating Budget. The Economic Development Sub-committee, Mayor Jeff Comerchero and Mayor Pro Tern Ron Roberts, and Staff met with representatives from the Temecula Town Association (TTA) to discuss their funding on Monday, April 9th. At that time the TTA made a presentation and provided additional information to the Sub-committee members. The Sub-committee funding recommendations for the TTA contained different levels than last year's funding due to the increase in costs of police and fire services for the TTA events. The City of Temecula hosts a wide array of special events year-round all adding to its rich quality of life. Residents and visitors look fonNard to attending these popular events each year and the events help make Temecula the unique community that it is. R:~Wolnickg~Agendareports~2001-02 TTA Requests.doc The events have proven to be very effective in getting exposure for Temecula both on a local and national level. The events increase tourism revenue for the City's restaurants, hotels, shopping centers and wineries. Due to the fact that the events promote tourism in Temecula, the funding of city-support services would come from the General Fund's budget. There will be no commissions paid to any party for the City of Temecula's sponsorships. Temecula Town Association The Temecula Town Association is asking for the City to provide funding for all city- support costs and no direct funding. The TTA feels that their three major fund raising events are adequately controlled and they no longer require direct financial help from the city. Temecula Rod Run The Temecula Town Association will produce the 16t~ Annual Temecula Rod Run event for the fifth year. The Temecula Rod Run 2002 will be held in Old Town Temecula on February 16 - 17, 2001. The event will include invitations to celebrity car buffs, special events and activities spread throughout the City of Temecula, and additional publicity events. The attendance at the 2001 Rod Run was estimated at 55,000 to 65,000 people for the two-day event. The TTA staged several activities to enhance the event. On Fdday evening, there was a concert at Pechanga featuring The Platters, The Drifters & Comell Gunter Coasters. A dance was held on Saturday evening at the Temecula Stampede. The 2001 marketing program included publicity consisting of television, newspaper, radio, website, flyers, posters and programs. Additional advertising included billboard and in-store displays at Albertson's Grocery stores within the Inland Empire. A Rod Run Preview Media Day, consisting of a Poker Run, was held 1% months prior to the event. Publicity, press releases and feature articles appeared in local and regional publications totaling over 7.5 million impressions. Event articles appeared in major newspapers as the Los Angeles Times, San Diego Union Tribune, Press-Enterprise, Orange County Register and local papers. Magazine coverage included trade publications as DRIVE Magazine, RV Journal, Old Town Gazette and Petersen's Custom Classic Trucks. Local magazine coverage included the Chamber Newsletter, Neighbors magazine and The Country Review. Radio coverage reached a cumulative listening audience of neady 3.5 million. Major stations promoting the event included: KOLA, KATY, and T94.5. Television and cable coverage included Channel 3 and the Inland Valley News. Marketing and publicity for the 2002 Rod Run will be similar to the 2001 program which will include the website, flyers/posters, in-store displays, radio, print and television advertising. R:\Wolnickg~Agendareports~001-02 TTA Requests.doc Fundin~ Staff has received the sponsorship request to fund all city-support service costs including police, fire and public works for the Rod Run. Based upon this request, the estimated costs of support services requested by the Temecula Town Association (TTA) for the sponsorship of the Rod Run would be approximately $34,880. Last year the City paid for all actual city-support service costs including police, fire and public works. Future police costs projected for the 2002 Rod Run is budgeted for $24,500 plus public works, fire and additional departmental costs with total costs estimated at $34,880. The FY 2001-02 budget provides for funding up to $34,880 for actual city-support service costs. The Economic Development Sub-committee supports this request. If the Rod Run requires any significant and unanticipated city-support expenses including police, fire and/or public works above the budgeted amount, further billing of the TTA would be required. The Rod Run event must be held within the City of Temecula limits. The TTA will need to adhere to the Rod Run Model Conditions of Approval, which are included as an attachment to the Contract Agreement. Frontier Da s Rodeo The Frontier Days Rodeo, a PRCA-Sanctioned Rodeo, is produced by the Temecula Town Association. The rodeo will be held on Memorial Day weekend, May 24 - 25, 2002. Over the past few years the event was held at the Northwest Sports Complex at Diaz and Winchester Roads. Due to the uncertainty of availability of this site, the TTA may need to select an alternate site to be located within the City of Temecula limits. The Rodeo will include the free Lil' Cowpokes Rodeo which will be held on Friday, May 23rd. This continues to be a popular event for Temecula elementary school students. The 2001 rodeo drew an attendance of approximately 6,000 - 8,000 for the three performances, over 150 cowboys from the Western United States, and 1,100 Temecula school-aged children for the free Friday performance. This event gains national exposure through the Pro-Rodeo news, PRCA website, and PRCA sponsors including Wrangler Jeans, Dodge Truck and Coca-Cola. Media coverage for the 2001 event consisted of radio, print, cable television and webslte coverage. Radio coverage included major stations such as KATY & KFRG. Key national publications included the PRCA Business Journal and WPRA Journal. Newspaper/magazine advertising included The Californian, Country Review, San Diego Union Tdbune, The Press-Enterprise, Valley News, Rancho News, The Vineyard Press, Entertainment Roundup, Valley Business Journal and Neighbors magazine. Final marketing plans and data will be provided to the City as the event nears. Fundin R.g_~ Staff has received the sponsorship request to fund all actual city-support service costs including police, fire and public works for the Frontier Days Rodeo. Based upon this R:~Wolnickg~Agendareports~2001.02 TTA Requests.doc request, the estimated costs of support services requested by the Temecula Town Association (TTA) for the sponsorship of the Rodeo would be approximately $8,470. Last year the City paid for all actual city-support service costs including police, fire and public works. The City's FY 2001-02 Operating Budget provides for funding for actual city-support costs in the amount up to $8,470. The Economic Development Sub-committee supports this request. If the Frontier Days Rodeo requires any significant and unanticipated city-support expenses of police, fire and/or public works above the budgeted amount, further billing of the TTA would be required. The Gmat Temecula Tractor Race The 25th Great Temecula Tractor Race, sponsored by the Temecula Town Association, will be held at the Northwest Sports Complex at Diaz and Winchester Roads on October 5 - 7, 2001. Over 100 tractors ranging from garden lawnmowers to large farm diesel tractors race over an oval dirt track. The event begins with a "Parade of Tractors" through Old Town Temecula on Friday, October 5th. Other activities include: Friday Casino Night, Kids Country Faire, Saturday and Sunday live music concerts, mud surfing, mud volleyball tournament and muddy tug of wars. Promoted through newspapers, radio, cable television, web site and local direct mail shoppers, the event draws 16,000 - 18,000 spectators. Television stations over the years have found this event great for footage, with special features aidng on FOX, KTLA, KCAL, and KABC and NBC sports broadcasts. The 2000 mud volleyball event offered a $1,000 purse and had a field of over 30 teams. Clubs, restaurants, radio stations and individual spectators in teams of four and six competed for two full days. Press coverage included The Press Enterprise, North County Times, The Californian, Neighbors Newspaper, Entertainment Round-up and The Vineyard Press. Marketing for the 2001 event has already begun with a media day scheduled for September 7, 2001. The Outdoor Channel will be filming this year's event in order to create a half-hour show that will be televised nationally and draw mom than 18,000,000 viewers with 776,000 in California alone. In addition to the one-half hour show, the Outdoor Channel will be creating sixty-second commercials for the TTA to air on various cable channels for this year's event. Staff has received the sponsorship request to fund all actual city-support service costs including police, fire and public works for the Great Temecula Tractor Race. Based upon this request, the estimated costs of support services requested by the Temecula Town Association (TTA) for the sponsorship of the Tractor Race would be approximately $15,720. R:~Wolnickg~Agendareports~2001.02 TTA Requests.doc 4 Last year the City paid for all actual city-support service costs including police, fire and public works. The FY 2001-02 budget provides for up to $15,720 for actual city-support service costs. The Economic Development Sub-committee supports this request. If the Tractor Race requires any significant and unanticipated city-support expenses of police, fire and/or public works above the budgeted amount, further billing of the TTA would be required. FISCAL IMPACT: The city-support costs for each event have been included in the FY 2001-02 Operating Budget of the various support departments for the recommended sponsorship amounts. Once the event agreements have been executed in final form, the TTA will be able to receive city-support services at the time of each event. ATTACHMENTS: I. Temecula Rod Run Attachment A - Sponsorship Package Attachment B - City Support Services and Costs Attachment C -2001Rod Run Media/Promotions Recap Attachment D - Sponsorship AgreementJModel Conditions of Approval II. Fro ntie r D__E_D__a_ys_Rod eo Attachment A - Sponsorship Package Attachment B - City Support Services and Costs Attachment C-- 2001 Frontier Days Rodeo Media/Promotions Recap Attachment D - Sponsorship Agreement III. The Great Temecula Tractor Race Attachment A - Sponsorship Package Attachment B - City Support Services and Costs Attachment C - 2001 Event Information Attachment D - 2001 Budget Attachment E - 2000 Great Temecula Tractor Race Media/ Promotions Recap Attachment F - Sponsorship Agreement R:~Wolnickg~Agendareports~001.02 TTA Requests.doc Temecula Rod Run Attachment A - Sponsorship Package Teme( ula Town & soation City of Temecula Sponsorship Benefits 2002 Temecula Rod Run The Temecula Rod Run will be held February 16th and 17th, 2002. As a Main Event Sponsor of the Temecula Rod Run, the City of Temecula will receive the following: 1. The Temecula Rod Run will be promoted thru press kits, press releases and "Media Day" with newspapers and magazines through out San Diego, Riverside, Orange and Los Angeles Counties as well as Arizona, Nevada, Montana, Washington and Oregon. 2. Sponsor will receive free banner space area where the sponsor's banner can be displayed. Sponsor can furnish up to three banners. 3. Sponsor will receive 10X10 booth space to display and promote business, if needed. 4. Sponsor will be listed in all Temecula Rod Run publications including all news releases and logo recognition on posters and flyers. 5. Sponsor will receive full-page ad in Official Event Program. Sponsor to provide camera-ready artwork within stated deadlines. 6. Sponsor will receive on-going recognition through announcements on events main PA System. 7. Each Rod Run participant receives a packet when he/she checks in at the event. In the packet are "official" souvenirs and various literature and other gifts donated by the community. Sponsor has the right to include information in all participants' packets (800 total). 8. Sponsor receives ten (10) V.I.P./Hospitality Passes. The Temecula Town Association reserves the right to sell associate sponsorship packages for the Temecula Rod Run. P.O. Box 435 Temecula, CA 92593 (909) 676~4718 Fax (909) 694-9216 Temecula Community Center 28816 Pujol Street Temecula, CA 92590 Temecula Rod Run Attachment B - City Support Services and Costs City Support Services and Costs for the Temecula Rod Run Below are the City generated services and their costs provided to the Temecula Town Association (TTA) for the Rod Run event. Staffing in vadous classifications is dependent upon event configuration and anticipated needs. Police Services Service costs: $24,500 Fire Services Service costs: $4,820 Public Works Service costs: $3,100 Community Services Service costs: $1,460 Plannin.q (Code Enforcement) Service costs: $1,000 TOTAL SERVICE COSTS: $34,880 R:~Wolnickg~Agendareports~2001-02 TTA Requests.doc Temecula Rod Run Attachment C - 2001 Rod Run ~leclia/P~omotions Recap Temecula Town Association 15th Annual Temecula Rod Run Marketing Strateqy 2001 Concentration on coop advertising by partnering with businesses and media was a major marketing focus for the 15t~ Annual Temecula Rod Run. Even with the constant threat of rain, this marketing strategy proved successful through the number of visitors at Rod Run 2001. Police estimated Saturday's attendance at 35,000 to 40,000 visitors. Based on souvenir sales, Sunday's attendance was estimated at 25,000. In addition, according to police the crowds were family oriented and mellow. The 2001 event was, by all accounts, a qualified success. Quotes regarding Rod Run 2001 from Old Town Temecula business owners: "We had our busiest weekend in the history of Temecula Stampede"/Para Black - Temecula Stampede "Saturday was the single busiest day since our family has owned the restaurant", said Mike Thesing, Jr., manager of Rosa's Cantina. (The Californian) "People were lined up all around the store to make their purchases. It was a huge success from the merchant's point of view.", said Judi Steffan, owner of Wild Cactus in Old Town Temecula. (The Californian) "I've had probably the busiest day I've ever had (after) three years in business" said Jan Hughes owner of Country Goose. (The Press Enterprise) Quotes from Rod Run 2001 vendors: "We sold 12 track covers as a direct result of our 2 day involvement in Rod Run 2001. Our normal sales are 5 per week." Terry Kobylski - TK Track Kovers "We sold more souvenirs than ever. Great show." Hot Rod Miscellaneous quotes: 'Tve never seen this many people here before", said one Temecula police officer assigned to the crowd Saturday. (Temecula Valley News) "The crowd was very mellow and family-oriented," said Police Chief Jim Domenoe. (The Press Enterprise) P.O. Box 435 Temecula Community Center Temecula, CA 92593 28816 Pujol Street (909) 676-4718 Fax (909) 694-9216 Temecula, CA 92590 Marketin.q Strategy 2001 Page 2 Print Newspaper Articles- Extensive coverage was received by The Press Enterprise, Orange County Register, Los Angeles Times, San Diego Union Tribune, The Californian, Temecula Valley News, Rancho News, Old California Gazette, Entertainment Round-up, Neighbors Newspaper, Vineyard Press, The Valley Business Journal, and Murrieta Bugle, In addition, ads were placed in most publications mentioned above as well as The Scout and Pennysaver's Bargain Bulletin. Magazines TVCC Newsletter - Temecula Valley Chamber of Commerce listed the Rod Run on their calendar section and ran two press releases in their monthly newsletter. Country Review - Full color ¼ page ad and listing of Schedule of Events. Trade publications RV Journal - Calendar listing and article in Winter, 2000/01 edition. DRIVE Magazine - Ads were placed for three consecutive months as well as a feature article in March publication, which was distributed in the beginning of February. K. Hovnanian - Rod Run 2001 listed in their Special Event publication distributed to home-shoppers. California Celebrations - Calendar listing in February edition. Petersen's Custom Classic Trucks - 4 page layout including last year's Best of Show Winner, various photos and article. Programs - 54,850 distributed through The Press Enterprise. Additional programs were distributed at the event. Marketinq Strateqy 2001 Page 3 Community Calendar - Rod Run 2001 featured on the February page. This popular community calendar is distributed through The Press Enterprise and various businesses within the community. Broadcast Broadcast coverage included live remotes, live mentions, promotional ads and ticket giveaways on KOLA 99.9 (Oldies), KATY 101.3 and T94.5. Television Inland Valley News - Filming and interviews took place on Saturday that will be utilized on this local news channel. Production Video - Professional footage was taken which will be used to develop B-rolls to be disthbuted to television stations and the ESPN extreme sports channel for the 2002 event. Channel 3 - Rod Run 2001 was listed on the Calendar of the local cable cable company community listings. Internet Rod Run 2001 was listed on several web-site calendars including temecula.org, temecula.com, and listings on industD, magazine web-sites. Promotions Rooftop balloon - A rooftop balloon promoting the event was located at 1- 15, Rancho California Road exit starting February 1, 2001. Flyer distribution - Rod Run 2001 flyers were distributed at various car shows throughout California and Arizona. In addition, flyers were distributed through businesses including grocery stores (all Albertson's in the Inland Empire), Old Town Temecula merchants, high traffic businesses within Temecula and Murrieta as well as throughout the Inland Empire. Marketing Strate,qy 2001 Page 4 Poster distribution - Official Rod Run 2001 posters were displayed literally evep.~vhere with focus locally. Budweiser distributed their version of the poster to all of their customers throughout Southern California. In-store displays - Most Albertson's within the Inland Empire set-up large in-store displays promoting the event. In addition, Stater Bros. provided displays in two of their stores. T-shirts - Local restaurants such as Richie's Diner and Penfold's had official t-shirts available for sale. Signage Electronic Auto Sign - Rod Run 2001 was visible on Electronic Auto Freeway Sign starting in January, 2001. Old Town Billboard - The Old Town Temecula billboard was tagged with a Rod Run 2001 sign. Old Town Banners - Displayed on poles down Old Town Front Street. Temecula Banners - Displayed on every 3rd pole along Rancho California and Winchester Roads. Media Day - Media Day took place 1 ½ months prior to the event. Car owners escorted media representatives to 7 stops on the Poker Run. Media had a chance to interview car owners, take photos and enjoy lunch at the final stop. T94.5 DJ, Dan Steele rode with a car owner and provided live broadcasting at each Poker Stop. Media Day resulted in extensive press coverage for participating businesses and Rod Run 2001. ~ ~§aooo§ oo~o o~oooo~oo ooooo ~ i ~ °~°°~°~°°~°°~°~° ~ ~o~o~.$1 ..................... .... ~ ............. ~o8o~o~o~1 ~ ~o~o~o8oo~o~ ~~ .................... Z Temecula Rod Run Attachment D - Sponsorship Agreement & Model Conditions of Approval ADVERTISING AGREEMENT BETWEEN CITY OF TEMECULA AND TEMECULA TOWN ASSOCIATION This Agreement, made this 14th day of August, 2001, by and between the CITY OF TEMECULA, (hereinafter referred to as "City"), and TEMECULA TOWN ASSOCIATION, a California nonprofit corporation (hereinafter referred to as ("TTA"). A. TTA will operate the 16t~ Annual "Temecula Rod Run" on February 16 - 17, 2002. The Temecula Rod Run is a special event located in Old Town Temecula involving the display of classic cars. Attendance in previous years has been between 25,000 to 65,000 people for the event. B. The City of Temecula desires to be a "Special Event Sponsor" of the 2002 Temecula Rod Run. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: A. In exchange for providing for the Rod Run of up to $34,880.00 for all city- support costs of Public Works, Fire and Police, the City of Temecula shall be designated as a "Special Event Sponsor" of the 2002 Temecula Rod Run. In the event that City support services exceeds $34,880.00, the sponsor may seek City authorization for payment above that amount. In exchange for being a Special Event Sponsor, the City of Temecula will receive the benefits as listed in Attachment A. B. Within 60 days following the Rod Run, TTA shall prepare and submit to the Assistant City Manager a written report evaluating the Rod Run, its attendance, and describing the materials in which the City was listed as a Special Event Sponsor. The report should also include samples of media press clippings, flyers, pamphlets, etc. in a presentation notebook format. In addition, a complete financial statement of the revenue and expenses of the Rod Run must be included. C. The TTA shall file Temporary Use Permit and Special Event Permit applications with the City of Temecula no later than 120 days preceding the first day of the Rod Run event. D. Once the Temporary Use Permit and Special Event Permit applications have been submitted and the event agreement has been executed in final form, the TTA will receive city-support services at the time of the event. E. TTA agrees that it will defend, indemnify and hold the City and its elected officials, officers, agents, and employees fi'ce and harmless fi.om all claims for damage to persons or by reason of TTA's acts or omissions or those of TTA's employees, officers, agents, or invites in connection with the Temecula Rod Run to the maximum extent allowed by law. F. TTA shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive general liability and liquor liability in which the City and Redevelopment Agency is named insured or is named as an additional insured with TTA and shall furnish a Certificate of Liability by the City. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached hereto, the protection offered by the policy shall; Include the City and Redevelopment Agency as the insured or named as an additional insured covering all claims arising out of, or in connection with, the Temecula Rod Run. Include the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with Temecula Rod Run. Provide the following minimum limits: (A) General Liability: $4,000,000 per occurrence for bodily injury, personal injury and property damage with a $4,000,000 aggregate. Liquor Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. The insurer shall agree to waive all rights of subrogation against the City, its officer, officials, employees and volunteers for losses arising from the Temecula Rod Run. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days beforehand. Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officers, officials and employees or TTA shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Should any litigation be commenced between the parties, hereto, concerning the provisions of this Agreement, the prevailing party concerning the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition to any other relief to which it may be entitled. H. The Rod Run event must be held within the City of Temecula limits. I. The TTA will need to adhere to the Rod Run Model Conditions of Approval, which are included as an attachment to the Contract Agreement. Any violation of this document is subject to termination of the advertising agreement between the City and TTA. 1N WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. DATED: TEMECULA TOWN ASSOCIATION CITY OF TEMECULA BY: John Sterling, General Manager 41934 Main Street, Suite 100 Temecula, CA 92590 Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney DRAFT MODEL CONDITIONS OF APPROVAL 2002 ROD RUN April 3, 2001 Mr. John Sterling Temecula Town Association P.O. Box 435 Temecula, CA 92593 Subject: Planning Application No. PA01- (Temporary Use Permit) for the 2002 Temecula Town Association Rod Run to be held in Old Town Temecula on February 16th and 17th, 7:00 AM - 5:00 PM. Dear Mr. Sterling: Planning Application No. PA01- approval: __ is hereby approved subject to the following conditions of City of Temecula Planning Department 1. The perrnittee/applicant shall indemnify, protect, defend, and hold hat.,dess, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instmmentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application PAO1- which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require RAPlanning Files~2002 ROD RUN MODELCONDITIONS OF APPROVAL. doc additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. Should the Applicant fail to timely post the required deposit, the Director may terminate this Temporary Use Permit without further notice to the Applicant. The following liability insurance requirements apply to the Temecula Town Association as the main sponsor of the 2002 Temecula Rod Run: General Liability ($~,000,000) and Liquor Liability ($2,000,000) The insurance cartier selected by the Temecula Town Association must have a minimum A rating. Along with the Certificate of Insurance identifying coverage limits, the carder must also sign the Additional Insured Endorsement for the City of Temecula and the City of Temecula Redevelopment Agency. The Temecula Town Association shall require that all participating food and non-food vendors identified on Exhibit C and the private security company used for this event provide evidence of general liability insurance in the amount of $1,000,000. The certificates must show the City of Temecula and the City of Temecula Redevelopment Agency as additional insured. All insurance certificates shall be submitted to and approved by the City of Temecula Finance Department no later than February 1, 2002. All food and non-food vendors who are approved to be located in the road right-of-way areas of the site plan for this event shall not set up prior to 5:00 AM on each day of the event and shall be removed by 5:00 PM each day of the event. All food and non-food vendors shall display a laminated authorization card provided by the applicant indicating the name of the vendor and space number. This event is approved for February 16~ and 17t~ from 7:00 AM - 5:00 PM per the approved business plan (Old Town activities only), Exhibit B. All Conditions of Approval shall supersede the approved Business Plan which shall be submitted to the City of Temecula Planning Department no later than January 15, 2002. 9. The Temecula Town Association shall obtain written permission from private property owners of all parcels used for the bypass road between Mercedes St. and First St., parking lots, car display areas and vendor locations. Documentation of this written permission RAPlanning Files~2002 ROD RUN MODELCONDITIONS OF APPROVALdoc 2 shall be provided to the City of Temecula Planning Department no later than January 15, 2002. I0. All on-street car display parking within the event area shall be parallel in order to maintain required emergency access. 11. The event shall be developed per the approved site plan, Exhibit A. 12. Code Enforcement Officers shall be assigned to the event on February 15t~, 16t~ and 17th, 2002. 13. Off-site signs are not allowed in the City of Temecula without authorization from all property owners of the parcels where the signs are placed and the Community Development DimctodDeputy City Manager. Applicants shall obtain permits from the City of Temecula Planning Department for all approved sign locations. City of Temecula Building and Safety Department 14. An adequate amount of handicapped parking spaces shall be provided as indicated on the approved site plan, Exhibit A. Parking lots and spaces shall be clearly marked for handicapped use. City of Temecula Public Works Department 15. The applicant shall submit a completed Special Event Package Application to the City of Temecula Public Works Department no later than December 15, 2001 with the $100 application fee. 16. All off-street parking shall be accessed through existing curb cut driveway approaches only. No entry shall be permitted over standard curbs. 17. All No Parking restrictions throughout the event must be adhered to. 18. No participant shall use, sell or distribute any self-adhesive stickers during this event. RAPlanning File$~2002 ROD RUN MODELCONDITIONS OF APPROVAL, doc 3 City of Temecula Community Services Department 19. Applicant shall comply with all comments and conditions outlined in the attached letter from the City of Temecula Community Services Department dated March 22, 2001. Riverside County Health Department 20. Applicant shall comply with all comments and conditions outlined in the attached letter from the Riverside County Health Department dated December 21, 2000. Temecula Police Department 21. Applicant shall comply with all comments and conditions outlined in the attached letter from the Temecula Police Department dated March 28, 2001. Temecula Fire Prevention Bureau 22. Applicant shall comply with all comments and conditions outlined in the attached letter from the Temecula Fire Prevention Bureau dated March 30, 2001. Should you have any further questions regarding these conditions, please do not hesitate to contact me at (909) 694-6400. Sincerely, Knute Noland Development Processing Coordinator RAPlanning Filesk2002 ROD RUN MODELCONDmONS OF APPROVAl. doc 4 By placing my signature below, I confirm that I have read, understand and accept all the above-mentioned Conditions of Approval. I further understand that any changes I may wish to make to the event shall be subject to Planning Department approval. John Sterling Applicant CC: Lynn Fanene - City of Temecula Police Department Kevin Hamngton - City of Temecula Community Services Department Norm Davidson - City of Temecula Fire Prevention Bureau Don Hazen - City of Temecula Planning Department (Current Planning Division) Marianne Salazar - City of Temecula Planning Department (Code Enforcement Division) Mark Hodges - California Highway Patrol (Temecula Office) R:~Planning FilesX2002 ROD RUN MODELCONDmONS OF APPROVAL. doc 5 CITY OF TEMECULA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: Knute Noland, Development Processing Coordinator Kevin T. Harrington, Maintenance Superintendent March 22, 2001 2002 Rod Run Conditions Please include the attached conditions/comments in the agreement with the TTA. · The Mary Phillips Senior Center parking lot will not be utilized for recreational vehicle parking. The lot may be utilized for additional rod parking. The City Shall be notified of the Temecula Town Associations intent to utilize the parking lot for additional rod parking. (2 weeks prior to event). · A portion of the Temecula Community Center parking may be utilized for recreational vehicle parking. Note: The recreational vehicle parking area shell be staffed and monitored by Temecula Town Association personnel at all times. The parking lot and surrounding area shall be maintained in a neat and clean condition at all times. · An additional trash dumpster (3 Yard) shall be provided at the Temecula Community Center if this facility is utilized for recreational vehicle parking. This dumpster shall be provided by the TTA. · The Temecula Valley Museum parking lot will be utilized by the City of Temecula for city staff parking and the concurrent Museum event. · Provide the TCSD a layout of the proposed vendor locations. Include request for electrical service, uses and description of set up. (2 weeks prior to event). · All vendors shall be oriented in a way to minimize damage to City property. Additional temporary fencing may be required to direct patron and vendor traffic. · Designate a specified set up period on Saturday and Sunday for all vendors. TCSD will provide oversight of set up to ensure that no stakes are used and to minimize potential damage to City property and landscaped areas, · Use of stakes to support canopies, fences or any structures is strictly prohibited. · All electrical hookups shall be inspected and approved by Fire Services and/or 3/2 2/01 Building & Safety prior to energizing any vendor. Vendors shall not access City power supply without City review and approval, Additional trash receptacles shall be provided throughout the Old Town area. All trash and debris shall be cleaned up and remove from the Old Town area daily. Designated TTA representative shall walk the Old Town area with a TCSD and PW representative at 8:30 A.M. the following Monday to ensure the site has been cleaned to the satisfaction of the City. If you have any questions regarding any of my comments do not hesitate to call. C OUb[I f OF RIVERSIDE · HEALTH Sr_RVICES AGENCY DEPARTMENT OF ENVIRONMENTAL HEAl./ City ofTemecula. P!annlng Department P.O. Box 9033 Temecula, CA 92589 Al IN: Knute Noland: RE: Minor Outdoor Event No. Dear Mr. Noland: .,~oO'~od Run The Deparunent of Envirunmental Health has reviewed the Minor Outdoor Eveat md has the following coima:tents: APPLICANT TO PROVIDE: 1. Toilets at the rate as per Riverside County Resolution #91474, Under Ordinance #712. At least one (1) male and one (1) female. One handicapped per gender. 2.Provide a 32-gallon refuse container for each 100 persons. 3.Adequate safe supply of potable water (bottles water to be stored on-site). 4. All food facilities must contact District Environmental Health Services Dave Bishop at 909461-0284 to obtain proper approval/permits. John Sterling / Temecula Town Association February l~h and ITa, 2002- 20,000 Old Town - Arch to Arch & side streets including city owned lots 7:00 AM to 5:00 PM Contact Person: Dates of event: Estimated daffy attendance: Event location: Hours of operation: ~c~er?yt) Irene K. Van Stoclcum, Environmental Health Specialist III IKVS:dr (909) 955-8980 TEMECULA POLICE DEPARTMENT Conditions of Approval Rod Run 2002 Date: March 28, 2001 Permit Number: PA Dates of Event: Friday-Sunday, February 15-17, 2002 Case Planner: Knute Noland, City Planning Department Police Event Coordinator: Traffic Sergeant Mark DiMaggio Public Safety Staffing: The Temecula Police Department is committed to an active partnership with event coordinators and sponsors in providing a safe and successful event, which will present the City of Temecula in a positive manner. Event patrons may expect the Temecula Police Department to strictly enforce local codes and state laws in order to dissuade behavior that could jeopardize public safety or otherwise compromise the positive, family oriented nature of the event. Driving under the influence of alcohol or drugs, open header demonstrations, unscheduled parades and contests or exhibitions of speed will not be tolerated. The public consumption of alcohol and possession of open alcoholic beverage containers, for consumption, are prohibited by city ordinance. This ordinance will be enforced. The Temecula Police Department utilizing on-duty and extra duty officers, reserve officers, police explorers and police volunteers, will provide event security and traffic control. Uniformed private security personnel will provide security at both beer gardens. A total of five (5) security officers will be required for the duration of the Rod Run on a daily basis. Alcoholic Beveraqes: Two beer gardens will be established in pre-approved locations and will meet the following requirements: Event organizers will ensure beer gardens are cleady marked and surrounded by a six-foot chain link, snow, or similar fence to provide a secure perimeter. Each beer garden will have one "entry/exit" point and will be constructed/designed in such a fashion that will prohibit the passing of alcoholic beverages from inside the restricted area to the outside area. The construction/design will also prohibit patrons from freely entering or leaving the beer garden without being screened by private security personnel. Color-coded wristbands are to be used to identify patrons who are a minimum of twenty-one years of age. Color-coded wristbands are to change colors on a daily basis. Wristbands are to be attached to patron's hands in a manner that restricts easy removal and prohibits the transferring of the wristband to another individual. Wristbands that have been tampered with or removed will not be honored. Temecula Police Department and private security personnel are to be provided a sample of the type and color of wristbands to be used each day of the event prior to final approval. Each beer garden will be staffed with two uniformed private security officers. The following assignments will be adhered to for each beer garden: A security officer will be posted at the entry/exit point and ensure proper color-coded identification wristbands are utilized. A security officer will be posted at the emergency exit and ensure no one enters or leaves through this entrance unless there is an emergency, Both security officers will randomly monitor activities in the beer garden and ensure that all alcoholic beverages are consumed within the confines of the beer garden. Security officers will not allow patrons to enter or leave the beer gardens or walk from one beer garden to another with alcoholic beverages in-hand, The fifth security officer will do periodic checks of the interior and exterior perimeter of both beer gardens to ensure their integrity. Persons issuing color-coded wristbands for alcoholic beverages at the beer gardens must be 21 years of age or older and will use proper identification to verify the age of patrons, Event coordinators will ensure that event personnel assigned to issue color-coded wristbands for alcoholic beverages at the beer gardens adhere to the legal drinking age of twenty-one years. · Identification will be verified utilizing one of the following: a. A valid California Drivers License. b. A valid California Identification Card. c. A valid Military ID Card (ActivelReservelRetiredlDependent) d. A valid Driver's License from any of the Fifty States or Territories of the United States. e. A valid Identification Card from any of the Fifty States or Territories of the United States. As noted above, only a valid government issued identification card issued by a federal, state, county or city agency is acceptable, providing it complies with the below requirements. (25660 B&P). The following must be on the identification card: · Name of person · Date of birth · Physical description · Photograph · Currently valid (not expired) In accordance with Temecula City Ordinance 9.14.010 and 9.14.020, no person shall drink or have in his/her possession, with the intent to consume any part of the contents thereof, any bottle, can or other receptacle containing beer, wine, liquor, fermented malt beverage, intoxicating liquor, or other alcoholic beverage, which has been opened, or a seal broken, or the contents of which have been partially removed, except on the premises of a commercial establishment holding a valid on-sale license or permit from the California Department of Alcoholic Beverage Control. The sale of alcoholic beverages within the beer gardens is limited to the following dates and times. Hours of operation may be adjusted at the discretion of the Temecula Police Department at any time: Saturday, February 16, 2002 Sunday, February 17, 2002 7:00am - 4:00pm 7:00am - 4:00pm The cup size will be limited to 14 ounces. No more than 2 cups will be sold per customer at any time. Post of SiRnaRe: In accordance with City Ordinance 97-07 (9.14.010 sedes TMC), the consumption of alcoholic beverages in public is prohibited. The following police requirements will be adhered to: Organizers will have a minimum of 22 temporary signs posted in the exterior, entry/exit areas of the event and both parking lots designated for this event with the following: 3 WARNING POSSESSION OF ALCOHOLIC BEVERAGES IN OPEN CONTAINERS PROHIBITED VIOLATORS WILL BE CITED CITY OF TEMECULA ORDINANCE 97-07 The word "WARNING" will be in red lettering, underlined, with letters measuring two inches in height. Lettering for "POSSESSION OF ALCOHOLIC BEVERAGES IN OPEN CONTAINERS PROHIBITED" will be in black letters with all lettering measuring 1~,/~" in height. Lettering for "VIOLATORS WILL BE CITED" will be in black with all lettering measuring 1" and underlined. Lettering and numerals for "CITY OF TEMECULA ORDINANCE 97-07" shall measure 3~4" in height. Background shall be white on a metal sheet measuring 18"X24". Posted signs should be visible from a distance of at least 25 feet. Tentative Street Closure Approval: Old Town Temecula will be closed to all traffic between Moreno Road, northern boundary, and First Street, southern boundary, and Front Street, western Boundary, and Mercedes Street, eastern boundary. These areas will be closed from 7:00 a.m. to 5:00 p.m. on Saturday, February 16, 2002 and 7:00 a.m. to 4:00 p.m., Sunday, February 17, 2002. All roads are to be reopened no later than 6:00 p.m. on each day of the event days, except in the case of an emergency that will be determined by the Temecula Police or Fire Departments. Mercedes Street will remain open as a one way street throughout the event with the south end of Mercedes Street connecting with the eastern end of First Street via the dirt extension to ensure proper traffic flow in a south to north direction. All road closures will be at the direction of the Temecula Police Department. The First Street Bridge from Old Town Front Street to Pujol will continue to operate as a two-way traffic flow from east to west and west to east. Traffic Control will be necessary at the followinR locations: o:o First Street Brid.qe at Front Street Three Officers Officers will divert traffic from northbound Front Street to eastbound First Street to Mercedes Road in a one-way direction from south to north. Officers will allow traffic westbound onto the First Street Bridge to Pujol Street. Front Street at Moreno Road Two Officers Officers are to divert traffic from S/B Front Street to N/B Moreno Road. Vehicular traffic will not be allowed into or out of the event area at this location. Front Street at First Street One Officer Officer will divert traffic from NIB Front Street to EIB First Street to Memedes Road. All vehicular traffic, including Old Town business owners and residents, must enter the event from Front Street and travel up Mercedes Street to either of two parking lots located on First or Sixth Streets. This is a one-way flow of traffic from south to north. Main Street BridRe (west end) and Pujol Street Two Officers Officers will ensure that only vehicle entries with a proper pass are allowed to cross the Main Street bridge into the event area. Vendors or local business vehicles will not be allowed access once the roadway is closed. Pedestrians will be allowed to cross Main Street Bridge in both directions. o,-° Second~ Third~ Fourth~ Fifth~ Sixth Streets~ Main Street (east end) at Mercedes Street Staffed by two of the following: officers/volunteers/explorers. Temecula Police Department personnel will divert all traffic on Mercedes Street away from the event area. Vehicular traffic will not be allowed into or out of the event area at these locations. Vendor or local business vehicles will not be allowed access once the roadway is closed. Pedestrians will be allowed access to the event at each of these closures. State Hiqhwa¥ 79 South at Front Street Two Officers This area to be controlled by the California Highway Patrol (CHP). Officers assigned to this area will direct traffic from both N/B and S/B off ramps to the event area. In the event traffic congestion causes a hazard on the 1-15 freeway, the California Highway Patrol will close the 1-15 freeway off ramps at their discretion. · :. Special Merchant Parking All North and South sides of the following streets (Second, Third, Main, Fourth, Fifth and Sixth) shall be reserved for merchant parking between the primary barricade closure located on Mercedes Street and the secondary barricade closure located on the above streets. All merchant parking in this designated area shall be by permit only (posted on the inside front dashboard of each vehicle). Event organizers will issue all merchant-parking permits. Furthermore, no public on-street parking is authorized on all side streets (Second, Third, Main, Fourth, Fifth and Sixth) west of Mercedes Street. "No Parking" signs will be posted in these areas. o.*o AssiRnment of Private Security Personnel: The Temecula Police Department will require uniformed security officers, each day of the event at the following locations: Two officers at the beer garden located at Front StreetJFourth Street. Two officers at the beer garden located at Front Street21'hird Street. One supervisor assigned within the event area to supervise private security officers at both beer gardens, monitor activities within the interior and exterior of both beer gardens, and respond to any inquiries per the police department. Miscellaneous: Due to the concern for public safety and traffic control, registration for this event will be limited to no more than 600 vehicles. All flyers, posters, correspondence and press releases relating to this issue will indicate this set limit. Once registration reaches its maximum count of 600 vehicles, no further registrations will be accepted prior to, or during the event days. Furthermore, organizers will notify the police department immediately when the maximum count has been reached. No vendors or participants are allowed to set up on any public streets or sidewalks within the event area, noting the liability risks involved and the safety of foot pedestrian during non-rod run hours unless authorized by the police department. Furthermore, vendor set-up for both Saturday and Sunday mornings will be no eadier than 6:00 a.m. each day. At the conclusion of each day's activities, all vendor booths will be taken down immediately and set-up again the following morning. This does not apply to booths set-up on private property. No event personnel or volunteers shall consume any type of alcoholic beverages while working this event. This includes personnel driving or as passengers on any gas-operated or battery-powered carts/vehicles. Personnel not in compliance with this section will be cited and/or arrested. Event organizers will assign a liaison staff member to the Police Command Post area for the duration of the event. The liaison will be the primary contact with the Police Department throughout the event and during emergencies. Liaison person should have a handi-talkie to communicate directly with event staff personnel. All volunteer rod run personnel working this event will wear color-coordinated vests or T-shirts as to be identified as an event worker. This will assist patrons and other agencies in identifying rod run personnel when assistance is required. Private security agency to provide radio to Police Command Post for duration of event. Event organizers will provide two (2) sign boards. One for the nodhbound and the second board for the southbound I-15 freeway. Signboards will be in-place prior to 6:00 p.m. on Friday, February 15, 2002. Lynn N. Fanene, Sr. CITY OF TEMECULA · FIRE PREVENTION BUREAU 43200 Business Park Drive · Temecula + CA · 92590 · Telephone (909)694-6405 + fax (909)506-5169 SPECI'AL EVENT CONDITIONS of APPROVAL' TO: Temecula Town Association DATE: March 30, 2001 SUBJECT: Rod Run2002 Februa~ 15,16,17,2002 The following are the Fire Department Conditions of Approval for this project. All questions regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau. Fire department access road, a minimum of 20 feet of unobstructed width shall be maintained through out the event. See site plan for location of access road. (CFC 902.2.2.1 ) Booths, tents or canopies used for cooking shall not be located within 20 feet of property lines, buildings, temporary membrane structures, other tents and canopies, parked vehicles or internal combustion engines. For the purpose of determining required distances, support ropes and guy wires shall be considered as part of the temporary membrane structure, tent or canopy. (CFC 3205) Internal combustion power source, including motor vehicles, generators and similar equipment, shall: Fuel tanks shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when the equipment is not in use or running. Shall be isolated from contact with the public by either physical guards, fencing or an enclosure. A minimum of minimum of one fire extinguisher with a rating of not less than 2- A:10-B:C shall be provided. Gas-, solid- and liquid-fuel-burning cooking equipment shall not be located within 10 feet of exits or combustible material. LP gas containers shall be adequately protected. (CFC 3216.3) 5. Post 'NO SMOKING' signs in the tents and canopies. (CFC 3215) 6. Tents and canopies shall comply with CFC section 3207 and California Code of Regulations Title 19 Section 335; they shall be labeled or provide certification of flame- retardant as required by the State Fire Marshal. P:LnLANNING\TUPLRod Run 2002 Special Event Fire COA.doc 7. Provide fire extinguishers in the vendor area spaced no more than 75 feet from any location. Any single tent or canopy shall have fire extinguishers as follows (CFC 3208): a. 200 to 500 square feet of floor area One 2-A: 10-B:C b. 501 to 1,000 square feet of floor area: Two 2-A: 10-B:C Each additional 2,000 square feet of floor area or fraction thereof: One 2-A.: 10- B:C Provide a 40-B:C fire extinguisher at all cooking locations with deep-fat fryers, in addition to the 2-A:10-B:C fire extinguisher, all others to have a minimum 2A:10BC fire extinguisher. (CFC 2504.3.3) Concession stands utilized for cooking shall have a minimum of 10 feet clearance on two sides. (CFC 2504.3.2) 10. Extension cords shall be of a commercial type and be in good working condition. Extension cords shall not be subjected to physical damage. No damaged cords or multi- head cords will be allowed. Extension cords shall be in accordance with Article 85 of the California Fire Code. 11. Hay or any other type of combustible material shall not be used as ground cover. Hay, straw, trash and other similar flammable material shall not be stored within 30 feet of any tent. (CFC 3221.3) 12. All flammable vegetation within 30 of any tent shall be removed. (CFC 3221.2) 13. The beer area to have two separate exits each 6 feet wide. Half the diagonal distance of the area apart. 14. All food serving vendors shall sign the 'food vendor' letter and be inspected by the fire prevention staff before any cooking is done. 15. There shall be two (2) Fire Prevention staff on duty to monitor these conditions and to work with event staff to maintain fire protection and the elimination of fire and life safety hazards. (CFC 103.2.1.1 and Title 19 section 320) The cost will be paid by the City Fire budget. Call the Fire Prevention Bureau at (909) 694-6405 to schedule an inspection and issuance of a Fire Department permit prior to the event. If you have any questions contact the Fire Prevention Bureau at (909) 694-6405. Sincerely, Norm Davidson Fire Safety Specialist P:~PLANN/NG\TUP~Rod Run 2002 Special Event Fire COA.doc Frontier Days Rodeo Attachment A - Sponsorship Package Town tssoation City of TemeCula Sponsorship Benefits 2002 Frontier Days Rodeo The Annual Frontier Days Rodeo is scheduled for May 25th and 26a', 2002. As a premier sponsor of the Frontier Days Rodeo, the City of Temecula will receive: 1. The Frontier Days Rodeo will promote the event thru press kits, press releases and "Media Day" with newspapers in San Diego, Riverside, Orange and Los Angeles Counties as well as media avenues through the P.R.C.A. circuit through out the United States. 2. Sponsor will receive free banner space area where the sponsor's banner can be displayed. Sponsor will furnish banner. 3. Sponsor will be listed in all Frontier Days Rodeo publications including all news releases and logo recognition on posters and flyers. 4. Sponsor will receive full-page ad in Official Event Program. Sponsor to provide camera-ready artwork within stated deadlines. 5. Sponsor will receive on-going recognition through announcements on events main PA System. 6. Sponsor receives ten (10) general admission tickets for Saturday and Sunday at the Frontier Days Rodeo and receives ten (10) V.I.P. Tent Passes. The Temecula Town Association reserves the right to sell associate sponsorship packages for the Frontier Days Rodeo. P.O. Box 435 Temecula, CA 92593 (909) 676-4718 Fax (909) 694-9216 Temecula Community Center 28816 Pujol Street Temecula, CA 92590 Frontier Days Rodeo Attachment B - City Support Services and Costs City Support Services and Costs for the Frontier Days Rodeo Below are the City generated services and their costs provided to the Temecula Town Association (TTA) for the Frontier Days Rodeo event. Staffing in various classifications is dependent upon event configuration and anticipated needs. Police Services Service costs: $5,000 Fire Services Services include 3 Fire Safety Specialists and Company 84 Service costs: $2,170 Public Works Services include 2 maintenance workers, one-ton truck stake bed and barricades Service costs: $800 Plannin.q (Code Enforcement) Service costs: $500 TOTAL SERVICE COSTS: $8,470 R:\Wolnickg~Agendareports~001-02 TTA Requests.doc Frontier Days Rodeo Attachment C - 2001 Frontier Days Rodeo Media/Promotions Recap Teme ula To3 n ~001 ~CULA FRONTIER DAY'S ROI~O Marketing and Publici ,ty Recap Marketing Events: Media Day Media from Southern California were invited to attend a media preview at D.L.R. Ranch in Temecula. In attendance were: The Californian, The Press Enterprise, Temecula Valley News, Entertainment Round-up, Neighbors Newspaper and Community Publications Group. Lil Cowpokes Rodeo Invitations were sent to all schools in the Temecula School District for kids 1st through 5th grades to attend a free rodeo presentation. McDonald's provided lunch and Coca-Cola sponsored the beverages. Over 1,000 children attended and enjoyed the field-trip and education of rodeo. In addition, "Murphy's Law", a Morgan Horse, provided an educational lesson on "say no to drugs" and "being good in school". Marketing Tools Flyers - Flyers were distributed through McDonald's Restaurants, local grocery stores, retail outlets and high traffic businesses. In addition, the 1,000 Lil Cowpoke attendees received flyers to take home. Posters - 800 posters were distributed throughout the Inland Empire and posted in store windows, restaurants, and shopping centers. P.O. Box 435 Temecula, CA 92593 (909) 676-4718 Fax (909) 694-9216 Temecula Community Center 28816 Pujol Street Temecula, CA 92590 Marketing Strategy 2001 Page 2 Advertising - Media sponsors for the event included The Californian, The Press Enterprise, KATY 101.3, FROGGY 92.9, Neighbors Newspaper, Entertainment Round-up, Valley Business Journal, Country Review Magazine and Temecula Bugle. Program - 6,000 programs were distributed at the event. Day Sheets - 10,000 day sheets listing the competitors were distributed at the event. Publicity Press Releases and PSA's Publicity began in February, 2001. As a Dodge Circuit, PRCA Rodeo, the rodeo was listed in PRCA Rodeo News with 40,000 circulation, and on the PRCA Web Page with 1 million hits per year. Press releases were distributed to Southern Californian Media for seven weeks prior to the event. PSA's and radio ticket giveaways were offered with the following results. Radio - PSA/Announcements and Ticket Giveaways on the following stations: KATY 101.3 50 Mentions FROGGY 92.9 100 Mentions KCXX 103.9 20 Mentions Publicity - Press releases and stories in the following: PRO RODEO NEWS San Diego 'Union Trib. The Press Enterprise North County Times The Californian Neighbors Newspaper Valley Business Journal Corona Independent Lake Etsinore Valley Entertainment Rotmd-up Vineyard Press Murrieta Bugle Temecula Valley News 40,000 Circulation 200,000 Circulation 180,000 Circulation 75,000 Circulation 15,000 Circulation 15,000 Circulation 9,000 Circulation 8,000 Circulation 8,000 Circulation 8,000 Circulation 7,500 Circulation 6,000 Circulation 5,000 Circulation ~~ ..................... i N'' oooo o o~oo o o ~oo~oo ..................... ~o~o~o~o~oo~o- ooo~o 0 uJ Frontier Days Rodeo Attachment D - Sponsorship Agreement ADVERTISING AGREEMENT BETWEEN CITY OF TEMECULA AND TEMECULA TOWN ASSOCIATION This Agreement, made this 14th day of August, 2001, by and between the CITY OF TEMECULA, (hereinafter referred to as "City"), and TEMECULA TOWN ASSOCIATION, a California nonprofit corporation (hereinafter referred to as "TTA"). A. TTA will operate the "Frontier Days Rodeo" on May 24 - 25, 2002, including the Lfl Cowpokes Rodeo on May 23, 2002. Over the past few years the event was held at the Northwest Sports Complex at Diaz and Winchester Roads. Due to the uncertainty of availability of this site, the TTA will need to select an alternate site to be located within the City of Temecula limits. This event features official rodeo performance events, vendor areas featuring food, drinks, retail sales and children activities. Attendance in previous years has been approximately 6,000 - 8,000 spectators for the weekend. B. The City of Temecula desires to be a "Special Event Sponsor" of the 2002 Frontier Days Rodeo, provided that the event is held within the city limits of the City of Temecula. In the event that such a location cannot be found, this agreement is null and void. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: A. In exchange for providing for the Fromier Days Rodeo of approximately $8,470 for all city-support costs of Public Works, Fire and Police, the City of Temecula shall be designated as a "Special Event Sponsor" of the 2002 Frontier Days Rodeo. In the event that City support services exceeds $8,470, the sponsor may seek City authorization for payment above that amount. In exchange for being a Special Event Sponsor, the City of Temecula will receive the benefits as listed in Attachment A. B. Within 60 days following the Fromier Days Rodeo, TTA shall prepare and submit to the Assistant City Manager a written report evaluating the Frontier Days Rodeo, its attendance, and describing the materials in which the City was listed as a Special Event Sponsor. The report should also include samples of media press clippings, flyers, pamphlets, etc. in a presentation notebook format. In addition, a complete fmancial statement of the revenue and expenses of the Frontier Days Rodeo must be included. C. The TTA shall file Temporary Use Permit and Special Event Permit applications, if required for street closures, with the City of Temecula no later than 60 days preceding the first day of the Frontier Days Rodeo event. D. Once the Temporary Use Permit and Special Event Permit applications have been submitted and the event agreement has been executed in final form, the TTA will receive city-support services at the time of the event. E. TTA agrees that it will defend, indemnify and hold the City and its elected officials, officers, agents, and employees free and harmless from all claims for damage to persons or property by reason of TTA's acts or omissions or those of TTA's employees, officers, agents, or invites in connection with the Frontier Days Rodeo to the maximum extent allowed by law. F. TTA shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive general liability and liquor liability in which the City is named insured or is named as an additional insured with TTA and shall furnish a Certificate of Liability by the City (refer to Attachment D). Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached hereto, the protection offered by the policy shall; 1. Include the City as the insured or named as an additional insured covering all claims arising out of, or in connection with, the Frontier Days Rodeo. 2. Include the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with the Frontier Days Rodeo. 3. Provide the following minimum limits: (A) General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage with a $2,000,000 aggregate. Liquor Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. 4. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from the Frontier Days Rodeo. 5. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days beforehand. 6. Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officers, officials and employees or TTA shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. G. Should any litigation be commenced between the parties, hereto, concerning the provisions of this Agreement, the prevailing party concerning the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition to any other relief to which it may be entitled. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. DATED: TEMECULA TOWN ASSOCIATION CITY OF TEMECULA BY: John Sterling, General Manager 41934 Main Street, Suite 100 Temecula, CA 92590 Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney Great Temecula Tractor Race Attachment A - Sponsorship Package Teme ula Town & sociation City of Temecula Sponsorship Benefits 2001 Great Temecula Tractor Race The Great Temecula Tractor Race is celebrating its Silver Anniversary. Over the event's 25-year history, the Great Temecula Tractor Race has entertained 1,000's of event enthusiasts and has enjoyed the title of not only the "dirtiest" sport around but, the only tractor race in the world! The Great Temecula Tractor Race will be held October 5th through 7th, 2001. As a Main Event Sponsor of the Great Temecula Tractor Race, the City of Temecula will receive: 1. The Great Temecula Tractor Race will promote the event thru press kits, press releases and "Media Day" with newspapers in San Diego, Riverside, Orange and Los Angeles Counties. 2. Sponsor will receive free banner space area where the sponsor's banner can be displayed. Sponsor will furnish up to three banners. 3. Sponsor will receive 10X10 booth space to display and promote their business if needed. 4. Sponsor will be listed in all Great Temecula Tractor Race publications including all news releases and logo recognition on posters and flyers. 5. Sponsor will receive full-page ad in Official Event Program. Sponsor to provide camera-ready artwork within stated deadlines. 6. Sponsor will receive on-going recognition through announcements on events main PA System. 7. Each Race Driver receives a packet when he/she checks in at the event. In the packet are hats, coffee mugs, or other "official" souvenirs in addition to the Racers Manual, program pictorial and other gifts donated from the community. Sponsor will have the right to include information in all participants' packets. 8. Fees would be waived for one entry for sponsor's mud tractor race and mud surfing. 9. Sponsor receives ten (10) general admission tickets for Saturday and Sunday at the Great Temecula Tractor Race and receives ten (10) V.I.P. Tent Passes. 10. Sponsor invited to ride in the Grand Entry Parade on Saturday, October 6th. 11. Sponsor will have the first fight of refusal for the next year's event. The Temecula Town Association reserves the right to sell associate sponsorship packages for the Great Temecula Tractor Race. P.O. Box 435 Temecula, CA 92593 (909) 676-4718 Fax (909) 694-9216 Temecula Community Center 28816 Pujol Street Temecula, CA 92590 Great Temecula Tractor Race Attachment B - City Support Services and Costs City Support Services and Costs for the Great Temecula Tractor Race Below are the City generated services and their costs provided to the Temecula Town Association (TTA) for the Great Temecula Tractor Race event. Staffing in vadous classifications is dependent upon event configuration and anticipated needs. Police Services Service costs: $10,000 Fire Services Services include 2 Fire Safety Specialists, Com-33 Unit and Company 84 Service costs: $4,420 Public Works Services include 2 maintenance workers, one-ton truck stake bed and barricades Service costs: $800 .plann n.q (Code Enforcement) Service costs: $500 TOTAL SERVICE COSTS: $15,720 R:~Wolnickg~Agendareports~001-02 TTA Requests.doc Great Temecula Tractor Race Attachment C - 2001 Event Information Teme a Town & so iation 25th ANNUAl, GREAT TEMECULA TRACTOR RACE OCTOBER 5, 6 & 7, 2001 ~Special National Recognition The 25th anniversary of the Great Temecula Tractor Race will provide an extra and exciting promotional benefit for the City of TemecUla. The Outdoor Channel will be filming this year's event in order to create a half-hour show that will be televised nationally and draw more than 18~000~000 viewers with 776,000 in California alone. We are very excited about this opportunity although not a benefit for this year's event, it will certainly put Temecula's name in front of thousands of people nationwide, as well as, giving future Tractor Races a head start in promotional activities. In addition to the one~half hour show, the Outdoor Channel will be creating sixty-second commercials for the Temecula Town Association to air on various cable channels for this year's great silver anniversary event. P.O. Box 435 Temecula, CA 92593 (909) 676-4718 Fax (909) 694-9216 Temecula Community Center 28816 Pujol Street Temecula, CA 92590 Teme ula Town &ssoation FOB IMMEDIATE RELEASE Centact: John Sterling (909) 676-4718, Event Operations Kelly Daniels (909) 693-1680, PR/Marketing Great Temecula Tractor Race Celebrates Silver Anniversary Temecula, CA (July 12, 2001) The Annual Great Temecula Tractor Race celebrates its Silver Anniversary this October 5th through 7th. Bred from a challenge between two local residents some 25 years ago, the Great Temecula Tractor Race was born! This classic challenge is known as the farmer's Indy 500 as over 100 tractors - not automobiles - take on the dirt oval track. Most of the tractors are best described as "depression-era" tractors. Farmers did not have funds for new tractors during the Great Depression, and so they often took old trucks from the barn, fitted them with special hitches and equipment, and tumed their old vehicles into working tractors. The Great Temecula Tractor Race is the only event of its kind in the United States. Tractors of all shapes and sizes, from garden lawnmowers to large farm diesel tractors, speed around the track and splash their way through the mighty 100-foot mud bog. Drivers and pit crews come from all over Southern California for the one "true" race of the year. The weekend of mad-tractor fun begins in Historic Old Town Temecula on Friday, October 5th with a "Parade of Tractors". This year's events include Friday's Casino Night at the show-grounds, Saturday and Sunday live music concerts, a Kid's Country Faire, Mud Volleyball Tournament & Competition, Mud Tug-O-War, and the return of Mud Surfing. To enter your tractor, volunteer or apply for vendor space, contact the Temecula Town Association at 909-676-4718. P.O. Box 435 Temecula, CA 92593 (909) 676-4718 Fax (909) 694-9216 Temecula Community Center 28816 Pujol Street Temecula, CA 92590 Great Temecula Tractor Race Attachment D - 2001 Budget TEMECULA TOV~NASSOCIATION 2001 BUDGET DEPT. 3(TRACTORRACE) INCOME: Admissions Beer/Bar Casino Night Entries Event Parking RV Parking Sponsors Vendors TOTAL INCOME 30.000.00 15,000.00 2,000.00 5,000.00 3,000.00 1,000.00 25,000.00 8.000.00 90,500.00 EXPENSES: Advertising & PR Awards Beer/Bar Casino Night Contingen(~es Donations-Service-cant Electric Power-Util. Entertainment Equipment Rental Insurance-General Licenses & Permits Media Day Sanitation Signs Site Prep Traslu'Clean Up VIP Tent Work Parties TOTAL EXPENSES 7,500.00 1,800.00 4,2(~0.00 1,000.00 1,800.00 1,500.00 15,000.00 22,000.00 5,000.00 2,400.00 500.00 300.00 3,000.00 4,400.00 I 500.00 1,000.00 2,500.00 500.00 600.00 76,500.00 NET INCOME-PROFIT/(LOS S) 13,500.00 Great Temecula Tractor Race Attachment E - 2000 Great Temecula Tractor Race Media/Promotions Recap Teme ula Town & soalion 000 GREAT TEMECULA TACTOR RACE Marketing and Publicity Recap Marketing Events: Media Day Media from throughout Southern California were invited to attend a media preview of the 24th annual event held at the Northwest Sport Complex, home o£the Tractor Race. Fifteen media representatives attended the ~arm up for the races." Marketing Tools: Flyers Approximately 20,000 flyers were printed and distributed through grocery stores, local restaurants, hotels and motels in the valley as well as retail outlets and high traffic businesses in the area. Flyers were also distributed by volunteers to events outside the Riverside area several months in advance of the event as well as sent with the newsletters and other mailings. Posters Over 1,000 brightly colored, collector posters were distributed throughout the valley and displayed at major centers and general retail stores as well as special interest locations. Programs 40,000 programs were printed and inserted in the Press-Enterprise as well as distributed at the event. P.O. Box 435 Temecula, CA 92593 (909) 676-4718 Fax (909) 694-9216 Temecula Community Center 28816 Pujol Street Temecula, CA 92590 Website/Page A website was developed for the Great Temecula Tractor Race as well as the Rod Run, PRCA Rodeo and the Temecula Town Association. This was a free service provided by a local PR enterprise and included: · Web Page Tractor Race · Web Hosting · E-mail · Site updates Publicity: Press Releases and PSA's Press releases were distributed through the TTA office and were released throughout the Southern California area for several weeks prior to the event. KATY 101.3 FROGGY 92.9 The Press Enterprise North County Times The Californian Neighbors Newspaper Entertainment Round-up Vineyard Press 180,000 circulation 75,000 circulation 15,000 circulation 15,000 circulation 8,000 circulation 7,500 circulation Special Activities within the Event Events unique to the Tractor Race were promoted throughout the area. In addition, participants from past years were invited to be a part of the 24th annual event that included such fun sports at mud volleyball and the special kids area. ~ ~ o ~oo ~ o ~ o o~ oo o o~ ~o°~°°~o°°°*'°°°~~°,o Great Temecula Tractor Race Attachment F - Sponsorship Agreement ADVERTISING AGREEMENT BETWEEN CITY OF TEMECULA AND TEMECULA TOWN ASSOCIATION This Agreement, made this 14th day of August, 2001, by and between the CITY OF TEMECULA, (hereinafter referred to as "City"), and TEMECULA TOWN ASSOCIATION, a California nonprofit corporation (hereinafter referred to as ("TTA"). A. TTA will operate the "Great Temecula Tractor Race" on October 5 - 7, 2001. The Great Temecula Tractor Race is a special event located at the Northwest Sports Complex at Winchester Road and Diaz, featuring Tractor Races, Friday Casino Night, Kids Country Faire and entertainment. The event draws approximately 16,000 - 18,000 people for the 3-day event. B. The City of Temecula desires to be a "Special Event Sponsor" of the 2001 Great Temecula Tractor Race. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: A. In exchange for providing for the Great Temecula Tractor Race of approximately $15,720 for all city-support costs of Public Works, Fire and Police, the City of Temecula shall be designated as a "Special Event Sponsor" of the 2001 Great Temecula Tractor Race. In the event that City support services exceeds $15,720, the sponsor may seek City authorization for payment above that mount. In exchange for being a "Special Event Sponsor," the City of Temecula will receive the benefits as listed in Attachment A. B. Within 60 days following the Great Temecula Tractor Race, TTA shall prepare and submit to the Assistant City Manager a written report evaluating the Great Temeeula Tractor Race, its attendance, and describing the materials in which the City was listed as a "Special Event Sponsor." The report should also include samples of media press clippings, flyers, pamphlets, etc. in a presentation notebook format. In addition, a complete financial statement of the revenue and expenses of the Great Temecula Tractor Race must be included. C. The TTA shall file a Temporary Use Permit application and a Special Event Permit application, if required for street closures, with the City of Temecula no later than 60 days preceding the first day of the Great Temecula Tractor Race. D. Once the Temporary Use Permit and Special Event Permit applications have been submitted and the event agreement has been executed in final form, the TTA will receive city- support services at the time of the event. E. TTA agrees that it will &fend, indemnify and hold the City and its elected officials, officers, agents, and employees fxee and harmless from all claims for damage to persons or property by reason of TTA's acts or omissions or those of TTA's employees, officers, agents, or invites in connection with the Great Temecula Tractor Race to the maximum extent allowed by law. F. TTA shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive general liability and liquor liability in which the City and Redevelopment Agency is named insured or is named as an additional insured with TTA and shall furnish a Certificate of Liability by the City. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached hereto, the protection offered by the policy shall; 1. Include the City and Redevelopment Agency as the insured or named as an additional insured covering all claims arising out of, or in connection with, the Great Temecula Tractor Race. 2. Include the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with Great Temecula Tractor Race. 3. Provide the following minimum limits: General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage with a $2,000,000 aggregate. Liquor Liability: $2,000,000 combines single limit per occurrence for bodily injury personal injury and property damage. 4. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from the Great Temecula Tractor Race. 5. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days beforehand. 6. Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officers, officials and employees or TTA shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. G. Should any litigation be commenced between the parties hereto concerning the provisions of this Agreement, the prevailing party concerning the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition to any other relief to which it may be entitled. 1N WITNESS WHEREOF, the parties hereto have caused this Agreemem to be executed the day and year first above written. DATED: TEMECULA TOWN ASSOCIATION CITY OF TEMECULA BY: John Sterling, General Manager 41934 Main Street, Suite 100 Temecula, CA 92590 Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC Acting City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney ITEM 10 TO: FROM: DATE: SUBJECT: APPROVAL ClTYATTORNEY ~ DIRECTOR OFFINANCE._,~:~t~.~ CITY MANAGER ~ CITY OFTEMECULA AGENDA REPORT City ManagedCity Council ql~,Villiam G. Hughes, Director of Public Works/City Engineer August 14, 2001 Tract Map Numbers 23143-6, 23143-7, 23143-8, 23143-9, 23143-10, 23143-11, and 23143-F, located South of Pauba Road, East of Butterfield Stage Road, and North of De Portola Road, now in conformance with its original approvals PREPARED BY: /~Ronald J. Parks, Deputy Director of Public Works Ward B. Maxwell, Associate Engineer RECOMMENDATION: That the City Council approve 1) Tract Map Numbers 23143-6, 23143-7, 23143-8, 23143-9, 23143-10, 23143-11, and 23143-F in conformance with the Conditions of Approval 2) Subdivision Improvement Agreements 3) Subdivision Monument Agreements and accept the Faithful Performance Bonds, Labor and Material Bonds and Monument Bonds as security for the agreements. BACKGROUND: Vesting Tentative Tract Map Numbers 23143-6, 23143-7, 23143-8, 23143-9, 23143-10, 23143-11, and 23143-F were originally approved bythe Riverside County Board of Supervisors on August 16, 1988. The maps have been extended five times. The Planning Director approved the Second Extension of Time on July 16, 1992, the Third Extension of Time on September 17, 1998, and the Fourth Extension of Time on September 13, 2000. The Fifth and final extension of time was approved on February 15, 2001 by the Planning Director, expiration date being August 16, 2001. Final Tract Map No. 23143-6 is a one hundred fourteen (114) lot single family residential subdivision with seven open space lots, one HOA open space lot and a 2.81 acre park site. Final Tract Map No. 23143-7 is an eighty five (85)lot single family residential subdivision with one open space lot. Final Tract Map No. 23143-8 is an one hundred five (105) lot single family residential subdivision with one open space lot. Final Tract Map No. 23143-9 is an one hundred twenty seven (127) lot single family residential subdivision with five open space lots, one HOA monument sign lot and a 11.04 acre park site. Final Tract Map No. 23143-10 is a seventy one (71) lot single family residential subdivision with six open space lots, one HOA monument sign lot, and 0.4 acre HOA private park site. Final Tract Map No. 23143-11 is a ninety six (96) lot single family residential subdivision with five open space lots, two HOA monument sign lots and 8 acre HOA private park site. Final Tract Map No. 23143-F is a ninety six (96) lot single family residential subdivision with five open space lots, two HOA open space lots one of which is for a monument sign and a 5.15 acre public park site. The tract is located South of Pauba Road, East of Butterfield Stage Road, and North of De Portola Road. The site is currently undeveloped. I r:~agdrpt~2001\0814\TR23143.rnap This Developer has met all of the Conditions of Approval. This final maps are in conformance with the approved tentative map. The approval of a final subdivision map which substantially complies with the previously approved tentative map is a mandatory ministerial act under State law. The following fees have been deferred for Tract Map No. 23143-6, 23143-7, 23143-8, 23143-9, 23143-10, 23143-11, and 23143-F: Riverside County Flood Control District (ADP) Fee due prior to issuance of Building Permit. Development Impact Fee due prior to issuance of Occupancy. FISCAL IMPACT: None ATTACHMENTS: Individual Reports with each tract 2. 3. 4. Development Fee Checklist Fees & Securities Report Project Vicinity Map Tract Map 2 r:~agd rpt~2001\0724~3143-5 Tract Map 23143-6 r:~agdrpt~2001\0814~23143-MAP CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 23143-6 DATE: AucJust 1,2001 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR MONUMENT SECURITY SECURITY SECURITY Streetand Drainage $ 1,133,500 $ 566,750 Water $ 200,000 $ 100,000 Sewer $ 276,500 $ 138,250 TOTAL $ 1,610,000 $ 805,000 $ 49,250 DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due *To Be Determined. * To be paid prior to Building Permit ** To be paid prior to Occupancy $ 0.00 $ TBD* $ TBD** 226.00 8.00 3,250.00 2,462.50 1178.25 o r:~agdrpt~001\0814~.3143-MAP TO SAN D~EGO HWY. 79 3JECT SITE VICINITY MAP NOT TO SCALE gE-GI./GOL '~'H 'ON {,,,,{J~l,{ {~, {~1 'kJlih'll'{{l{llJllr{llrl{ll{ll,ll,Ji {klk :/ g ~il~hl~l~lJ~j~llJ~ 6J,'~l.//.~. 'g'H'd 6Z';Z~ 'tin dYH 'l~D~¥d Ld l,l 1~'6L/60~ 6~!,~l. 'ON ,L~)y~.L Tract Map 23143-7 r:~agdrpt~2001\0814~23143.MAP CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 23143-7.__~ IMPROVEMENTS FAITHFUL PERFORMANCE Street and Drainage Water Sewer TOTAL SECURITY $ 784,500 $ 161,000 $ 194,500 $ 1,140,000 DATE MATERIAL & LABOR SECURITY $ 392,250 $ 80,500 $ 97,250 $ 570,000 A~2001 MONUMENT SECURITY $ 34,375 DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due *To Be Determined. * To be paid prior to Building Permit ** To be paid prior to Occupancy $ 0.00 $ TBD* $ TBD** $ 187.00 $ 8.oo $ 2,47O.OO $ 1,718.75 $ 4,383.75 $ o r:~agdrpt~2001~0814~3143.MAP TO SAN DIEGO VICINITY MAP NOT TO SCALE HWY. 79 )JECT SITE ,/ / / 9~'6~,/60[ '8'H 6~1.~1. 'ON 12v~r 6 8 E'61./60~. '~'hl 6EI. E~. 'ON J. 3¥bI.L Tract Map 23143-8 r:~agdrpt~001\0814~23143.MAP CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 23143-8 DATE: Au~lust 1, 2001 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR MONUMENT SECURITY SECURITY SECURITY Streetand Drainage $ 857,500 $ 428,500 Water $ 183,500 $ 91,750 Sewer $ 243,500 $ 121,750 TOTAL $ 1,284,000 $ 642,000 $ 35,000 DEVELOPMENT FEES City Traffic Signing and Stdping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due *To Be Determined. * To be paid prior to Building Permit ** To be paid prior to Occupancy $ 0.00 $ TBD* $ TBD** $ 207.00 $ 8.00 $ 2,870.00 $. 1,750.00 $ 4,835.00 $ o r:\agdrpt~2001~0814~23143.MAP JECT SITE TO SAN DIEGO HWY. 79 VICINITY MAP NOT TO SCALE 9~-6!./60t 'H'H ~b / / / / .,,,, / / / / / bJ ,/ ~'0~ v~fff: 9~-6!./60!, '6'H Tract Map 23143-9 r:~agdrpt~001\0814~23143.MAP CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 23143-9 ..... DATE: August 1, 2001 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR MONUMENT SECURITY SECURITY SECURITY Streetand Drainage $ 1,022,500 $ 511,250 Water $ 234,500 $ 117,250 Sewer $ 293,500 $ 146,750 TOTAL $ 1,550,500 $ 775,250 $ 52,375 DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due *To Be Determined, * To be paid prior to Building Permit ** To be paid prior to Occupancy $ 0.00 $ TBD* $ TBD** $ 234.00 $ 8.00 $ 3,410.00 $. 2,618.75 $ 6,270.75 $ o r:~agdrpt~001\0814~3143.MAP JECT SITE TO SAN DIEGO HWY. 79 VICINITY MAP NOT TO SCALE I® Lid I,I 3;" Ld il ,i ~'6L/60[ '8'H 6 ~1.~, 'ON Tract Map 23143-10 r:~agdrpt~2001\O814~3143.MAP CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 23143-10 IMPROVEMENTS Street and Drainage Water Sewer TOTAL FAITHFUL PERFORMANCE SECURITY $ 881,000 $ 181,500 $ 185,500 $ 1,248,000 MATERIAL & LABOR SECURITY $ 440,500 $ 90,750 $ 92,750 $ 624,000 DATE: ~1, 2001 MONUMENT SECURITY $ 36,000 DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due *To Be Determined. * To be paid prior to Building Permit ** To be paid pdor to Occupancy $ 0.00 $ TBD* $ TBD** $ 180.00 $ 8.oo $ 2,330.0O $ 1,800.O0 $ 4,318.00 $ o r:\agdrpt~001\0814~3143.MAP JECT SITE TO SAN DIEGO HWY. 79 VICINITY MAP NOT TO SCALE 0 .0 \ ,=, \ U~C)IZWI3H ~-- W W Z W 9['6!./601, 'l~'H Tract Map 23143-11 r:~agdrpt~2001\0814~23143.MAP CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT.~MAP NO. 23143-11 IMPROVEMENTS FA~UL PERFORMANCE J..~SECURITY Streetand Drainage--'~ $.__~_843,000 Water $ 148,000 Sewer $ 200,500 TOTAL $ 1,191,500 DATE MATERIAL & LABOR SECURITY $ 421,500 $ 74,000 $ 100,250 $ 595,750 A u_._.~q..~.~_l, 2001 MONUMENT SECURITY $ 37,125 DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due 'To Be Determined. * To be paid prior [o Building Permit ** To be paid prior to Occupancy $ 0.00 $ TBD* $ TBD** $ 204.00 $ 8.00 $ 2,810.00 $ 1 856.25 $ 4,878.25 $ o r:~agdrpfl2001~0814~23143.MAP SITE TO SAN DIEGO HWY, 79 VICINITY MAP NOT TO SCALE 'ON J. 3¥~L,L , / / / / / / / / / ,It / / R I o / g I I / I I I / _z Tract Map 23143-F r:~agdrpt~001\0814~23143.MAp CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT_~MAP NO. 23143-F IMPROVEMENTS Street and Drainage Water Sewer TOTAL FAITHFUL PERFORMANCE SECURITY $ 1,037,000 $ 248,500 $ 295,000 $ 1,580,500 MATERIAL & LABOR SECURITY $ 518,500 $ 124,250 $ 147,500 $ 790,250 DATE:Au~,2001 MONUMENT SECURITY $ 42,875 DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due *To Be Determined. * To be paid pdor to Building Permit ** To be paid prior to Occupancy $ 0.00 $ TBD* $ TBD** $ $ $ $. $ $ 205.00 8.00 2,830.00 2,143.75 5,186.75 0 r:~agdrpfl2001\0814~23143.MAP )JECT SITE TO SAN DIEGO HWY. 79 VICINITY MAP NOT TO SCALE IlL I J i i 'ON i3~ui OL / / / t I ,3: ,.-? !i ITEM 11 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council APPROVAL CITY ATTORNEY ~ DIRECTOR OF FINANCE CITY MANAGER William G. Hughes, Director of Public Works/City Engineer August 14, 2001 Tract No. 23209 - Subdivision Agreement PREPARED BY: ~,j~onald J. Parks, Deputy Director of Public Works RECOMMENDATION: That the City Council approve the Subdivision Agreement and accept the Performance Bond security to guarantee the performance of the SUBDIVIDER under this agreement. BACKGROUND: Tentative Tract No. 23209 is a 220 lot Subdivision at the easterly extension of La Serena Way at Butterfield Stage Road. The tentative map was originally approved by City Council June 9, 1992. There have been several extensions of time to the map. The current tentative map extension will expire on June 9, 2002. Condition #33 requires that the Developer prior to Final Map recordation, participate in and pay their fair share in an Assessment District or other public financing mechanism to provide access to the project via Butterfield Stage Road and Nicholas Road prior to recording the final map for this subdivision. The City is currently processing the formation of a Community Facility District (CFD) to improve Buttedield Stage Road and the Developer has limited control over the timing of the District's formation. This creates a problem that the developer may not be able to fulfill Condition #33 before his map expires. The intent of Condition #33 was to provide access to the site without adding project traffic and disturbing existing residents adjacent to the new subdivision. Since the Tentative Map was approved the Developer has provided right of way for the extension of La Serena Way and Walcott Road, which have been improved providing access to this project without impacting the adjacent residents. This new Subdivision Agreement commits the Developer to participate in the CFD or if the CFD is not formed by December 31, 2002, the Developer is required to complete the westerly two lanes of Butterfield Stage Road from the southeasterly boundary of Tr. No. 23209 south to Chemin Clinet Road. Also, these improvements would have to be constructed before the 121st building permit in this development. R:~AGDRP'r~2001\0814~Tr.23209 Agreement.doc 1 The attached agreement is the City's Standard Subdivision Agreement modified to satisfy the intent of Condition # 33. If the CFD is formed this agreement will become null and void. The Developer will post a Performance Bond of approximately $660,000 guaranteeing that these improvements will be built if the CFD is not formed. FISCAL IMPACT: None ATTACHMENTS: Subdivision Improvement Agreement for Tr. No 23209 Vicinity Map Tract Map 23209 Tentative Map Condition #33 R:~AGDRP'r~2001\0814\Tr.23209 Agreement,doc 2 City of Temecula Subdivision Improvement Agreement Page 1 Recording Requested by City of Temecula When recorded mail to: City of Temecula Office of the City Clerk Post Office Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 CITY OF TEMECULA SUBDIVISION IMPROVEMENT AGREEMENT DATE OF AGREEMENT: March 27, 2001 NAME OF SUBDIViDER: NAME OF SUBDWISION: TRACT NO.: La Verda E'Mond Trust and Barbara J. French (referred to as "SUBDIVIDER") Tract No. 23209 (referred to as "SUBDiVISION") 23209 OFFSITE IMPROVEMENTS TENTATIVE MAP RESOLUTION OF APPROVAL NO.: (referred to as "Resolution or Approval") IMPROVEMENT PLANS NO.: To be Provided By SUBDIViDER if required (referred to as "Improvement Plans") ESTIMATED TOTAL COST OF IMPROVEMENTS: $ 660,000 ESTIMATED TOTAL COST OF MONUMENTATION: $ N/A COMPLETION DATE: To Be Determined NAME OF SURETY AND BOND NO. FOR LABOR AND MATERIALS BOND: NAME OF SURETY AND BOND NO. FOR FAITHFUL PERFORMANCE BOND: City of Temecula Subdivision Improvement Agreement Page 2 This agreement is made and entered into by and between the City of Temecula, California, a Municipal Corporation of the State of California, hereinafter referred to as CITY, and the SUBDIVIDER. RECITALS SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this agreement as the "Subdivision Laws". A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this Agreement by reference. The Subdivision Laws establish as a condition precedent to the approval of a final map that SUBDIVIDER must have complied with the Resolution of Approval and must have either (a) completed, in compliance with CITY standards, all of the improvements and land development work required by the Subdivision Laws and the Resolution of Approval or, (b) have entered into a secured agreement with CITY to complete the improvements and land development within a period of time specified by CITY. In consideration of approval of a final map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this agreement, whereby SUBDIVIDER promises to participate in an Assessment District or other public financing mechanism in order to pay a fair share of the costs and improvements for Butterfield Stage Road and La Serena Way as the satisfaction of condition number 33 of the Conditions of Approval of the Tentative Map. In the event that a public financing mechanism is not established, the SUBDIVIDER promises to install and complete, at SUBDIVIDER'S own expense, all the public improvement work required by City in connection with this Agreement. SUBDIVIDER has secured this agreement by improvement security required by the Subdivision Laws and approved by the City Attomey. Complete Improvement Plans for the construction, installation and completion of the improvements will be prepared by SUBDIVIDER and approved by the City Engineer if the referenced improvements become necessary. All references in this agreement to the Improvement Plans shall include reference to any specifications for the improvements as approved by the City Engineer. City of Temecula Subdivision Improvement Agreement Page 3 An estimate of the cost of construction of the public improvements and performing land development work in connection with the improvements according to the Improvement Plans has been made and had been approved by the City Engineer. The estimated amount is stated on Page 1 of this agreement. The basis for the estimate is attached as Exhibit "A" to this agreement. The CITY has adopted standards for the construction and installation of improvements within the CITY. The Improvement Plans will be prepared in conformance with the CITY standards in effect on the date of approval of the Resolution of Approval. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the SUBDIVISION, and has taken the final act necessary to subdivide the property within the SUBDMSION. As a result, CITY will be damaged to the extent of the cost of installation of the improvements by SUBDIVIDER'S failure to perform its obligations under this agreement, including, but not limited to, SUBDIVIDER'S obligation to complete construction of the improvements by the time established in this agreement. CITY shall be entitled to all remedies available to it pursuant to this agreement and the Subdivision Laws in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the SUBDIVISION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of CITY. NOW, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDWISION, SUBDIVIDER and CITY agree as follows: Formation ofPublicFinancing. SUBDIVIDER shall, as satisfaction of condition number 33 of the Resolution of Approval, participate in the formation of an assessment district or other public financing mechanism established by CITY, the County of Riverside and other property owners for the improvement and/or construction of Butterfield Stage Road, Nicolas Road, and La Serena Way. The SUBDIVIDER shall pay for its fair share in such assessment district or other public financing mechanism formed to provide the improvement. The entering into this Agreement by the SUBDIVIDER does not alter SUBDIVIDER'S obligations for payment of its fair share under the Assessment District, or other Public Financing mechanism, as determined by the Assessment Engineer. Public Financing Contingency. In the event that the public financing (as set out above) has not been established prior to December 31, 2002, SUBDIVIDER shall improve westerly two (2) lanes of Butterfield Stage Road from Chemin Clinet, northerly to where the Butterfield Stage Road westerly right-of-way meets Tract 23209. These improvements shall be complete prior to the issuance of the 121st City of Temecula Subdivision Improvement Agreement Page 4 building permit. All of such improvements shall be completed in accordance with plans and specifications approved by the City of Temecula. Security. To guarantee SUBDIVIDER'S performance under this Agreement, SUBDIVIDER shall furnish to CITY a good and sufficient security on forms approved by CITY in the following amounts: $375,049.00 - for the estimated costs of the improvements form the centerline of Chemin Clinet northerly to the centerline of Ahem Lane; and $284,855.00 - for the estimated costs of the improvements from the centerline of Ahem Lane northerly to the improved portion adjacent to Tract 23209 completed as a requirement of Tract 23209. The securities required by this agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on Page 1 of this agreement am incorporated into this agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this agreement. Upon filing ora replacement security with the City Clerk, the former security may be released. 4. Fee Credit. In the event the SUBDIVIDER completes the improvements of Butterfield Stage Road as described in paragraph 3(a) and (b) above, then CITY shall grant SUBDIVIDER a Development Impact Fee credit for all capital improvement work in accordance with the Development Impact Fee Ordinance adopted by CITY under Ordinance Number 15.06.04(A) in the amount of $165,224.40 (220 lots x $751.02 = $165,224.40); and/or CITY shall consider granting SUBDIVIDER credit under the appropriate fee ordinance then in effect for the balance. 5. Inspection. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the public improvements by CITY inspector and to the shops wherein any work is in preparation. Upon completion of the work the SUBDIVIDER may request a final inspection by the City Engineer, or the designated representative, determine that the work has been completed in accordance with this agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and CITY standards. SUBDIVIDER shall bear all costs of inspection and certification. 6. Release of Securities. Subject to approval by the City Council of CITY, the securities required by the Agreement, and SUBDIVIDER'S under this Agreement shall be released as follows: Either one or both of the securities given for faithful performance of improvement work shall be released upon the final completion and City of Temecula Subdivision Improvement Agreement Page 5 acceptance of the act or work; or Either one or both of the securities given for faithful performance of improvement work shall be released upon the deliver to CITY of another good and sufficient security on forms approved by CITY in satisfactory amount or amounts; or The formation of the assessment district or other public financing mechanism originally anticipated, as set out above in Paragraph 1. d4 The CITY may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attomeys' fees. Injury to Public Improvements, Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public or public utilityproperty damaged or destroyed byreason of any work done under this agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the CITY or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. Permits. SUBDIVIDER shall, at SUBD1VIDER'S expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. Default of SUBDIVIDER. Default of SUBDIVIDER shall include, but not be limited to, SUBDIVIDER'S failure to timely commence construction of this agreement; SUBDIVIDER'S failure to timely complete construction of the improvements; SUBD1VIDER'S failure to timely cure any defect in the improvements; SUBD1VIDER'S failure to perform substantial construction work for a period of 20 calendar days after commencement of the work; SUBDIVIDER'S insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER'S failure to perform any other obligation under this agreement. R:~agmts'ddag/nt s[Trac t 23209 Agmt City of Temecula Subdivision Improvement Agreement Page 6 The CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER'S obligations under this agreement. The CITY shall have the right, subject to this section, to draw upon or utilize the appropriate security to mitigate CITY damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the improvements and, therefore, CITY damages for SUBDIVIDER'S default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the public improvements in accordance with the improvement plans and specifications contained herein. In the event of SUB DIVIDER'S default under this agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDW1DER, and SUBDWIDER'S Surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. Failure of SUBDIVIDER to comply with the terms of this agreement shall constitute consent to the filing by CITY of a notice of violation against all the lots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDiVISION to acreage. The remedy provided by this Subsection c is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBD1VIDER'S breach shall be in the discretion of CITY. In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attorney's fees. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. City of Temecula Subdivision Improvement Agreement Page 7 10. Warranty. SUBDiVIDER shall guarantee or warranty the work done pursuant to this agreement for a period of one year after final acceptance by the City Council of the work and improvements against any defective work or labor done or defective materials furnished. Where certain improvements are to be constructed in phases or sections, the one year warrant period shall commence after City acceptance of the last completed improvement. If within the warranty period any work or improvement. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by SUBDiVIDER fails to fulfill any of the requirements of this agreement or the improvement plans and specifications referred to herein, SUBDiVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should SUBDiVIDER fail to act promptly or in accordance with this requirement, SUBDiVIDER hereby authorizes CITY at CITY option, to perform the work twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S and agrees to pay the cost of such work by CITY. Should the CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. SUBDIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this agreement. 12. Injury to Work. Until such time as the improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all improvements required by this agreement are fully completed and accepted by CITY, SUBDIVIDER will be responsible for the care, maintenance of, and any damage to such improvement. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. Other Agreements. Nothing contained in this agreement shall preclude CITY fi.om expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinance providing therefore, nor shall anything in this agreement commit CITY of any such apportionment. 14. SUBD1VIDER'S OBLIGATION TO WARN PUBLIC DURING CONSTRUCTION. City of Temecula Subdivision Improvement Agreement Page 8 Until final acceptance of the improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. 15. Vesting of Ownership. Upon acceptance of the work on behalf of CiTY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this agreement shall vest in CITY. 16. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by City Council upon recommendation of the City Engineer after final completion and inspection of all improvements. The City Council shall act upon the Engineer's recommendation within thirty (30) days from the date the City Engineer certifies that the work has been finally completed, as provided in Paragraph 5. Such acceptance shall not constitute a waiver of defects by CITY. 17. lndemnit3'/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this agreement. SUBDIVIDER further agrees to protect and hold harmless CITY, its officials and employees from any and all claims, demands, causes or action, liability or loss of any sort, because of, or arising out of, acts or omissions of SUBDIVIDER, its agents or employees in the performance of this agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. Acceptance by the CITY of the improvements shall not constitute an assumption by the CITY of any responsibility for any damage or taking covered by this paragraph. CiTY shall not be responsible for the design or construction of the subdivision or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by the CITY in approving the plans or map, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect, however SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten years following the acceptance by the CITY of improvements. It is the intent of this R:Xagmt~ldagrnCs\Tract 23209 Agmt City of Temecula Subdivision Improvement Agreement Page 9 section that SUBDIVIDER shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The improvement security shall not be required to cover the provisions of this paragraph: 18. Sale or Disposition of SUBDIVISION. Sale or other disposition of this property will not relieve SUBDIVIDER from the obligations set forth herein. If SUBDIVIDER sells the property or any portion of the property within the SUBDIVISION to any other person, the SUBDIVIDER may request a novation of this agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Paragraph 17 for the work or improvement done by SUBDIVIDER. 19. Time of the Essence. Time is of the essence of this agreement. 20. Time for Completion of Work/Time Extensions. SUBDIVIDER shall complete construction of the improvements required by this agreement within eighteen (18) months of this agreement. In the event good cause exists as determined by the City Engineer, the time for completion of the improvements hereunder may be extended. The extension shall be made by writing executed by the City Engineer. Any such extension may be granted without notice to SUBDIVIDER's Surety and shall not affect the validity of this agreement or release the Surety or Sureties on any security given for this agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God, which SUBDIVIDER could not have reasonable foreseen, or by storm or inclement weather which prevent the conducting of work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of the time for completion. As a condition of such extension, the City Engineer may require SUBDIVIDER to furnish new security guaranteeing performance of this agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. 21. No Vesting of Rights. Performance by SUBDIVIDER of this agreement shall not be construed to vest SUBDIVIDER'S rights with respect to any change in any zoning or building law or ordinance. 22. Notices. All notices required or provided for under this agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as City of Temecula Subdivision Improvement Agreement Page 10 provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with the City: Notice to CITY: City Engineer City of Temecula 43200 Business Park Dr. Post Office Box 9033 Temecula, CA 92589-9033 Notice to SUBDIVIDER: C/O Tony Angelica for: LaVerda E'Mond Trust 1850 Enterprise Way Monrovia, CA 91016-4271 23. SeverabiliW. The provisions of this agreement are severable. If any portion of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full fome and effect unless amended or modified by the mutual consent of the parties. 24. Captions. The captions of this agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this agreement. 25. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. 26. 27. Incorporation of Recitals. The Recitals to this agreement are hereby incorporated into the terms of this agreement. Entire Agreement. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties. In the case of the CITY, the appropriate party shall be the City Manager. IN WITNESS WHEREOF, this agreement is executed by CITY, by and through its Mayor. SUBDIVIDER CITY OF TEMECULA By: R:~gmts~ldagmts\Tract 23209 Agmt City of Temecula Subdivision Improvement Agreement Page I 1 Name: Tony Angelica for Title: Laverda E'Mond Trust Jeff Comerchero, Mayor By: Name: Title: Barbara J. French ATTEST: Susan W. Jones, CMC Cio/Clerk (Proper Notarization of SUBD1VIDER's signature is required and shall be attached) RECOMMENDED FOR APPROVAL: By: William G. Hughes Director of Public Works/Cio/Engineer APPROVED AS TO FORM: By: Peter M. Thorson, Cio/Attorney City of Temecula Subdivision Improvement Agreement Page 12 Attachment 2 Vicinity Map Tentative Map 23209 R:~AGDRPT~2001\0814\Tr.23209 Agreement.doc 3 Attachment 3 Tentative Map Condition #33 R:~AGDRP'I~2.001\0814\Tr.23209 Agreement.doc 4 32. Prior to the issuance of any occupancy permits the developer shall submit to the Cily a disclosure statement for the tract area which Identifies the potential future impact of noise associated with the potential placement of wind machines at the adjacent vineyard. Said disclosure shall Inform buyers that fights to protest have been waived by the developer. Said document shall be subject to the approval of the Planning Director and the City Attorney. Said epprog~l shall be obtained prior to the issuance of occupancy permits, The City will require that said document will be submitted to and signed In agreement by future residential occupants. (Added at the Planning Commission meeting on March 16, 1992)** DEPARTMENT OF PUBLIC WORKS The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning o{ the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Subdivider has correctty shown on the tentative roap all existing and proposed easements, traveled ways, improvements constraints and drainage course~, and their omission may require the project to be resubmitted for further review and revision. PRIOR TO RECORDATION OF THE 'FINAL MAP: 33. 'Prior to recordation of the final map, an Assessment District or other public financing mechanism shall be established to address access to th T,--.,.~ e area .......... ~, Butterfield Stage Road and Nich~as Road. The Subdivider shall participate in and pay for its fair share of any such Assessment District or o.ther public financing mechanism formed to'provide the improvements.' (Amended at City Council August '11, 1992) 34. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho Califomia Water District;, Eastern Municipal Water District; Riverside County Flood Conlml disbict; City of Temecuia Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; - 'CATV Franchise; Parks and Recreation Department; and Metropolitan Water District. 35. Pursuant to Section 66493 o! the S[Jbdivision Map A~t, any subdivision which is part of an existing Assessment District Must comply with the requiremente of said section. 36.. All road easements and/or street dedications shall be offered for dedicatio~ to the pablid and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from ali encumbrances as approved by the Department of Public Works. ~'~c_~s~o~wo~.! ..~. ~,~£ o 'n~o-Ous 'rr~ssp^oo~ co^.,~ City of Temecula '4~200 Business Park Drive # PO Box 9033 # Temecula # California 9258~.9033 (909) 694-6400 #FAX (909) 694-6477 August I, 2000 Tracy Wall SDI Communities, LLC 27431 Enterprise Circle West Temecula, CA 92590 SUBJECT: RECEIVED AUg 0 3 ZOO0 CITY OF TEMECULA ENGINEERING DEPARTMENT Planning Director Approval and Final Conditions of Approval for Planning' Application No. PA00-0155 (Extension of Time) - for Tentative Tract. Map 23209 located east of the intersection of La Seieua Way and Walcott Way along Butlerfield. Dear Trar:y; On July 13, 2000, thc City of Temecul~ City Council Planning Director approved the above referenced pwj~:t subject to the inclosed Conditions of A~.oval. Please review the final Conditions of Approval for tha project and retom a w~t signed copy within three (3) working clay of the m:eipt of Ibis letter. This approval is effective until June 9. 2001, unless extended in accordan ,c,c with thc Dcvclopmant Code. Written request for a time extension muSt b~ submitted to the City ofTemecola a minimum of 30 days prior to the expiration date. To furdxer assist you in thc timely completion of your project, we would encourage you to schedule a rz~eting with City staff to discuss thes~ final conditions of approval. This meeting will provide you an oppommizy to ask specific questions on the City's expectations or requirements. _ If you have any further questions regarding this subject or this appioval, please contact me at (909) 694-6400. Sincerely, John Dc Gange, GIS A~ministralor cc: r~dff Xl~'~i-i~;'Dq~cm of Public Works '~,~fl~ony Elmo.q3ui~ing & S~ ~t Rive=ide Co~ty Fl~ Coati Sou~em Cglf~ia G= Co~=y ~.. ITEM 12 TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT APPROVAL CITY ATTORNEY DIRECTOR OF FINANUE,~:=,~_ II CITY MANAGER ::~/'~'~ City ManagedCity Council William G. Hughes, Director of Public Works/City Engineer August 14, 2001 Professional Services Agreement for Design Services Fire Station Wolf Creek Site, Project No. PW01-11 PREPARED BY: Greg Butler, Senior Engineer - CIP RECOMMENDATION: That the City Council: Approve an acceleration of $100,000 from the Capital Improvement Program Budget for FY2002-2003 to the current FY2001-2002 budget for the Fire Station Wolf Creek Site, Project No. PW01-11. Approve a Professional Services Agreement with STK Architecture, Inc. in an amount not to exceed $159,500.00 to provide design services for the Fire Station Wolf Creek Site, Project No. PW01-11, within the planned Wolf Creek Development and authorize the Mayor to execute the agreement. Authorize the City Manager to approve amendments/change orders not to exceed the contingency amount of $15,950.00, which is equal to 10% of the agreement. BACKGROUND: The current CIP budget indicates an expenditure over a two (2) fiscal year period. In order to award the design contract for the Wolf Creek Fire Station, in the full contract amount plus have funds available for the contingency, and adequately provide for administration costs in this fiscal year, staff is requesting that the City Council accelerate the $100,000 obligation of Administration funds from Fiscal Year 2002-2003 to Fiscal Year 2001-2002 for a total of $105,730.00. In order to maintain the City's goal of a maximum 5-minute response time for emergencies, a new Heavy Urban Fire Station is needed in the southern portion of the City. The Wolf Creek development has been conditioned to provide the land for the planned Fire Station, with the City being responsible for the completion of the design and construction. Design, construction and occupancy of this new Fire Station has been placed on a fast track, high priority schedule in an effort to provide a permanent Fire Station to serve the Vail Ranch portion of the City and the future Wolf Creek development. For this reason the City has elected to utilize STK to complete the design of the new station. STK has been selected by Riverside County Fire as the best qualified firm to complete the design of the last 6 fire Stations. They will be able to make minor modifications and adapt their existing Riverside County Fire Department Standard Heavy Urban Fire Station design to the Wolf Creek site. 1 FISCAL IMPACT: The Fire Station Wolf Creek Site is a Capital Improvement Project funded through Development Impact Fees - Fire, Public Facilities & Public Service. The acceleration of funds from the Capital Improvement Budget FY2002-03 to the current FY2001-02 is necessary to cover administrative costs and the professional design services agreement and administration costs in the amount of $159,500.00, plus the contingency amount of $15,950.00, for a total amount of $175,450.00. ATTACHMENTS: Project Location Project Description Professional Services Agreement 2 R:~AGDRPT~2001\0814~PW01-11STKagr. DOC CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR THE WOLF CREEK FIRE STATION PROJECT NO. PW01-11 THIS AGREEMENT, is made and effective as of August 14, 2001, between the City of Temecula, a municipal corporation ("City") and STK Amhitecture, 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 August 14, 2001, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2002, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at ail times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment ara null and void. This amount shall not exceed One hundred fifty nine thousand five hundred Dollars and no Cents ($159,500.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. I R:~CIP'~°ROJECTS\PW01~PW01-1 I\STK ,~reemnt.doc b. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give wdtten notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 7. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder 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 wdtten notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the 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. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly 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 there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained fora period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall submit electronic copies of the designs in AutoCAD® 2000 format. All word processing files shall be submitted in Microsoft Word format, all spreadsheets shall be submitted in Microsoft Excel format. Any other electronic files submitted shall be submitted in industry standard formats, subject to the approval of the City. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or properly 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. The City shall indemnify and hold the consultant harmless when any material from th. is scope of work is re-used without the consultant'§ permission. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability adsing out of the negligence of the City. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (4) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injuryand propertydamage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: Two million ($2,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 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 4 R:\ClF~PROJ ECTS\PW01',PW01-1 I\STK Agreemnt.doc either party, reduced in coverage or in limits except after thirty (30) days' pdor 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. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraqe. Consultant shall fumish the City with odginal endorsements effecting coverage required by this clause. The endorsements are to be signed bya 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. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's pdor written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without wdtten 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 R:~CIP'~PROJECTS\PWO 1 \PW01-1 I\STK Aoreernnt doc request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fullywith Cityand to provide Citywith the opportunityto review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewdte said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Attention: City Manager Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 Street Address: 43200 Business Park Drive Temecula, California 92590 To Consultant: STK Architecture, Inc. 2575 South San Jacinto Ave. San Jacinto, CA 92583-5318 Attention: G.V. Salts 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior wdtten consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or 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. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 7 R:\CIP~PROJ ECTS\PW0 I\PW01-1 I\STK Agreemnt.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comemhero, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT STK Architecture, Inc 2575 San Jacinto Ave. San Jacinto, CA 92583-5318 By: Name: Title: By: Name: Title: (Signatures of two corporate officers required for Corporations) R:\CIP\PROJ ECTS~NOI~PWO 1-11 \s'rK Aoreemnt.doc EXHIBIT A TASKS TO BE PERFORMED 9 R:\CIP\PROJ ECTS\PW0 I~PW01-1 I\STK A(3reemnt.doc EXHIBIT "A" TASKS TO BE PERFORMED 18 July 2001 Greg Butler, Senior Engineer Department of Public Works CITY OF TEMECULA 30650 Pauba Road Temecula, California 92592 RECEIVED JUL 2, 3 2_001 c~"Y OF TEMECULA ENGINEERING DEPARTMENT RE: PROPOSAL FOR ARCHITECTURAL SERVICES FOR FOR 3-BAY HEAVY-URBAN PLAN, RFQ NO. 101 WOLF CREEK FIRE STATION Mr Butler: We appreciate the opportunity to work with the City of Temecula. In order to be clear about our effort, and based on our experience, the following tasks are necessary to accomplish your goals. 1.0 Research 1.1 Review available Wolf Creek Design Guidelines. 1.2 Verify on-site field conditions. (STK to provide site Topo and preliminary Soils Report.) 1.3 Establish exact design (based on Development Guidelines), and utility program requirements. 1.4 The street design and utility extension plans to the project site will be provided by the Developer. 2.0 Schematic Design 2.1 2,2 2.3 Clearly develop exterior elevations and site plan consistent with Wolf Creek Development Guidelines. Provide colored elevations, a rendering, and material sample boards. Meet with the City, the Fire Department, and all City Departments. Prepare exterior elevations, rendering, floor plan, site plan, and landscape planting concept plan for DRC. ARCHITECTURE INTERIOR DESIGN PLANNING CONSTRUCTION MANAGEMENT Greg Butler, City of Temecula Wolf Creek F.S. - Exhibit "Ar 18 July 2001 Page Two 3.0 Design Development: 3.1 Meet with the City and Fire Department to review and adjust design as needed. 3.2 Develop Document Package and Cost Estimate. 4.0 Construction Documents: 4.1 Develop plans and specifications for final Construction Package, based on direction approved by the City in 3.0 above. 4.2 Complete all Construction drawings & specifications, and submittal forms for Plan Check submission to the City. 4.3 Incorporate City Plan Check comments into plans for approved Permit Set. 4.4 Submit one (1) set of drawings (mylar) and one (1) set of specifications to the City for bidding. 4.5 Provide "onsite" topo survey, precise grading plans, erosion control plan, planting and irrigation plan, fire water line and domestic water plan, sewer connection, and dry utility plans to the property lines. 4.6 Provide one copy of electronic drawings and specifications of final construction plans to the City. 5.0 Bidding: 5.1 Assist the City with bidding questions, clarifications, addenda, etc. 5.2 Assist the City in making final contractor selection. 5.3 Provide Addenda as required. 6.0 Construction Support: 6.1 Review submittals and shop drawings. 6.2 Complete on-site observations by the Design Team, on a bi-monthly (every two weeks) basis. 6.3 Answer questions, provide clarification sketches, issue Change Orders, approve Pay Applications, etc, throughout construction. 6.4 Prepare "punch list" of final corrections at construction completion, and review their incorporation. 6.5 Prepare "As-Built" plans (mylar), and provide on disk as well. Greg Butler, City of Temecula Wolf Creek F.S. - Exhibit "A" 18 July 2001 Page Two The Fee reflects the following assumptions: The Station is to be a site adaptation/reuse of the RivCo heavy urban 3~Bay Fire Station to conform to the Developer's architectural requirements. The Fee includes complete plans and specifications as approved by the Fire Department and all City Departments. The Consultants provided within this scope to include Soils Engineering (Preliminary Soils Report), Civil Engineer (Topo Survey and on-site grading plan), Structural, Mechanical, Electrical Engineering, and Landscape Architecture. Our scope of work for the site plan is to develop a design incorporating the Fire Station, access (ingress and egress), parking, trash enclosure, fuel storage tanks, hose drying ramp, CMU walls, etc. 5. Included are anticipated meetings between the Architect, Fire Department, and all City Departments. This Fee does not include any of the following: A. Permit, Assessment, Development, Utility, or Processing Fees. B. Geotechnical and Material Testing during construction phase. C. Street design or utility extension plans. D. Specialty Consultants (i.e. Deputy/Special Inspectors, Hazardous Waste, Traffic, Archeological, etc) E. Miscellaneous reimbursables such as mileage, mailing charges (UPS, etc), or printing for Plan Check (plans & specifications). We look forward to working with you on this project. Please call if you have any questions or require further information. Sincerely, STK ARCHITECTURE, INC G.V. Salts, Architect Partner GVS/pma EXHIBIT B PAYMENT RATES AND SCHEDULE 10 R:\CIP\PROJECTS\PW0 l~'W01-11~STK Aoreemnt.doc EXHIBIT "B" FEE & PAYMENT RATE SCHEDULES 18 July 2001 Greg Butler, Senior Engineer Department of Public Works CITY OF TEMECULA 30650 Pauba Road Temecula, California 92592 RE: PROPOSAL FOR ARCHITECTURAL SERVICES FOR FOR 3-BAY HEAVY-URBAN PLAN, RFQ NO. 101 WOLF CREEK FIRE STATION Mr Butler: Based on Exhibit "A" Tasks to be Performed (copy enclosed), we propose a Lump Sum Fee of $142,000. The Fee will be broken down into the following Phases: Research/Base Plans/Schematics (15%) Design Development (15%) Construction Documents (50%) Bidding (5%) Construction Support (15%) Contract "A" (Lump Sum Fee) Total = $ 21,300 = 21,300 = 71,000 = 7,100 = 21,300 $142,000 Contract "B" - Estimate $15,000 (Hourly for coordination of all "offsite work.) Contract "C" - Estimate $2,500 (Miscellaneous reimbursable for printing, mailing, travel, etc.) The Fee will be invoiced monthly, based on the percentage of work completed, plus any reimbursable expenses. Any invoices unpaid 45 days after the invoice date will bear interest at the rate of 1% per month, or 12% per year. STK Inc assumes the contract will be executed on a standard City of Temecula Contract, edited to suit the project specifics. Please also note, that STK Inc carries $2,000,000 of Professional Liability coverage. (Note: STK can provide all the insurance requirements requested.) ARCHITECTURE INTER[OR DESIGN PLANNING CONSTRUCT]ON MANAGEMENT Greg Butler, City of Temecula Wolf Creek Fire Station - Exhibit "B" 18 July 2001 Page Two If Extra Services are required, and approved by the City of Temecula, the following rates would apply: Principal $135/Hr Associate 85/H r Project Manager 70/Hr Senior Draftsman 60/Hr Junior Draftsman 55/Hr Clerical 35/Hr Consultants Cost x 1.15 Reimbursables Cost x 1.0 Reimb. Agency Fees Cost x 1.05 We look forward to the opportunity of our Team working with your City. Should you have any questions, or wish to discuss this Proposal, please give me a call. Sincerely, STK ARCHITECTURE, INC G.V. Salts, Architect Principal GVS/pma Enc's: Exhibit "A" and Consultant's Hourly Rates ITEM 13 APPROVAL CITY A-FI'ORNEY DIRECTOR OF FINAN~E./~.~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City ManagedCity Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: August 14, 2001 SUBJECT: PREPARED BY: Completion and Acceptance for the Low-Flow Crossing at Via Montezuma, Project No. PW99-15 ,~ scmer Attar, Senior Engineer ott Harvey, Associate Engineer RECOMMENDATION: That the City Council: 1. Accept the project for the Low-Flow Crossing at Via Montezuma, Project No. PW99-15, as complete. 2. File a Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract. 3. Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. BACKGROUND: On FebruaPj 13, 2001, the City Council awarded the contract to Terra- Cai Construction for an amount of $404,587.70. Three contract change orders for an amount of $25,232.80 were approved by the City Manager. Change Order No. 1 was for the realignment of Via Montezuma to keep the read within R.C.F.C.D.'s property. Change Order No. 2 was for placing additional base material per the geotechnical recommendation, construct a 35' wide wier, and install drainage pipes under the road. Change Order No. 3 was for the installation of delineators and reflective marker. Also, there were increases and decreases in quantities that increased the contract amount by $13,659.75. This brings the total cost of the project to $443,480.25. The Contractor has completed the work in accordance with the approved plans and specifications and within the allotted contract time to the satisfaction of the City Engineer. The construction retention for this project will be released on or about 35 days after the Notice of Completion has been recorded. FISCAL IMPACT: The total bid amount for this project was $404,587.70. Contract change order nos. 1 through 3 were approved in the amount of $25,232.30. Increases and decreases in quantities increased the contract amount by $13,659.75, bringing the total cost of the project to $443,480.25. This project is funded through Capital Project Reserve funds, account no. 210-165- 707-5804. 1 ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit 2 RECORDING REQUESTED BY AND RETURN TO: CITf CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 92590. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, Califomia 3. A Contract was awarded by the City of Temecula to Terra-Cai Construction, Inc. to perform the following work of improvement: Low-Flow Crossing at Via Montezuma, Project No. PW99-'15 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on August 14, 2001. That upon said contract the Fidelity and Deposit Company of Maryland was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: PROJECT NO. PW99-15. 6. The street address of said property is: Via Montezuma and Diaz Road. Dated at Temecula, California, this 14th day of August, 2001. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Susan W. Jones CMC, City Clerk I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 14th day of August, 2001. Susan W. Jones CMC, City Clerk ~OND NO.: 8082674M CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MNNTENANCE BOND PROJECT NOo PW'Jg.I$ LOW FLOW CROSSING AT VIA MONTEZUMA KNOW ALL PERSONS BY THESE PRESENT THAT: Terra-Cai Construction~ Inc., 14530 Joanbridge St., Baldwin Park, CA 91706 NAME AND ADDRESS CONTRACTOR'S · a -- Corporation , hereinafter called Principal, and (fill In whether e Co~omSgn. _Fidelity and DeRosit Company of Maryland, 225 S. Lake Ave., Ste 700, Pasaden.., CA NAME AND ADDRESS OF SURETY 911Ol hereinafter called SURETY, ere held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER. in the penal sum of FORTY THOUS;~ND FOUR [~UNORED FTFTy EZG~? DOLLARS arid ,, ****************************** ($ 40r458.77'*'*****) In lawful money of the United States, said sum being not less than ten (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION Is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the day of , 2000, a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW99. 15, LOW FLOW CROSSING AT VIA MONTEZUMA. WHEREAS, said Contract provides that the Pflnclpal will furnish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said Job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and -- WHEREAS, the said Contract has been completed, and was the final estimate approved on august 14 ,200~. 1 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that If within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work clone under the terms of said Contract shall disclose poor ,workmanship In the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials wee furnished thereunder, then this obligation shall remain In full force and virtue, otherwise this Instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees Incurred by the City of Temecula In successfully enforcing this obligation, all to be taxed as costs and Included In any Judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall In any way effect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the wod(, or to the Specifications. Signed and sealed this 19th day0f. July ,200{~ (Seal) Fidelity. and Deposit SURETY Company of Maryland By: ,' ....... /r __ J0~HI~D. "~uNs INGER (Name) Attorney-In-Fact ['Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney PRINClP/~ Terra- l~l Co.Con uction, Inc. (Name) "4 President Steve Pe,r z'~ (Name) /" CFO (TiUe) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ) County of [J~ A.,',,CR.Eq j~ ss. On ~.~ ] U ~.-~C)?'~d)C%~., before ~ A. ROAC}-I ' ~ Date me, Name and Title of Officer (e.g., 'Jane Doe, NotaP/Public") personally appeared ~ S']~[]',E~ & ~ ~ Name(s) of Signer(s) [] personally known to me [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that ~e'/~/r~e//they executed the same in r~'~J/'~)/r/t h e i r authorized capacity(ies), and that by I,{J~'/)~'Jtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer -- Title(s): [] Partner -- E~ Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Coun~ of Los Anqeles On auly 19, 2001 beforeme. Pilar M. Landeta, Notary Public Date Name and Tiffe of Officer (e.g., 'Jane Doe, Notary Public") personally appeared John D. Hunsin§er Name{s) of Signer{s) [] personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the persont~ whose name(~) is/~subscribed to the within instrument and acknowledged to me that he/sl~executed the same in his/laer~NeJx authorized capacity(~Y~ and that by his/~r,/XlZ~Ksignature~ on the instrument the persork'~, or the entity upon behalf of which the person(~) acted, executed the instrument. COMM. ¢f 1159393 [~ ~1[~1~] NOTARY PUBLIC · CALfFORNIA LOS ANGELES COUNTY y Comm. Expires Om?4, 2001 WITNESS my hand and official seat. Signature of Nota~' Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another dcoument. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: [] Individual [] Corporate Officer Title(s): [] Partner-- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here Signer's Name: [] Individual [] Corporate Officer Title(s): [] Partner-- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAIqD HOME OFFICE, BALTIMORE, MB KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland. by C. M, PECOT, JR., Vice-President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint John D. Hunsinger of South Pasadena, California ........................................................................... its true and lawlul agent and Attorney-in-Fact. to make, execute ~ behalf as surety, and as its act and deed: any and all bonds and undertakings ............... ~on of such beeds or undertakings in pursuance amply, to all intents and purposes, as if they had been at its office in Baltimore, Md., in their own behalf of ,John D. Hunsinger, dated The said Assistant Secretary does hereby certify that 2, of the By-Laws of said Company, and is now m IN WITNESS WHEREOF, the said ........... A..u_ gt .u. _s_ t_ ................ A.D. 19__9_.5._ s be as binding upon said Company, as fully and t by the regularly elected officers of the Company attorney revokes that issued on reverse side hereof is a true copy of Article VI, Section have hereunto subscribed their names and affixed the 8th .......................................................... day of OFMARYLAN;a, . j~,_~ By__ ~,/~"~V~e.3~ident ~ On this___8__t__h________day oL_____A__u_gg_s.~_ ............ ~-D. 19__9__.5_, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C, M, PECOT, JR., Vice-President and C. W. ROBBINS, Assistant Secretary of the F1DELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. My Commiss on Expires ................. .A..u_g.u.s_t_._l_,__l__99__6_ .............. CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same three and effect as though manually affixed." 1N TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seal of the said Company, this __l_?__t___h___ day of.______G___u__Z.[r_ .............................. .X~____2__QO1 H LJ v Assistant Secretary L/ LI428c CITYOF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW99-15 LOW FLOW CROSSING A T VIA MONTEZUMA This is to certify that Terra-Cai ConstructSq~ereinafter the "CONTRACTOR") d~clares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the'CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW99-15, LOW FLOW CROSSING AT VIA MONTEZUMA, situated in the City of Temecula, State of California, more particularly described as follows: LOW FLOW CROSSING AT VIA MONTEZUMA The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant tolPublic Contracts Code {}7200, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. Dated: CONTRACTOR RELEASE R-1 r~p~o~99~99-15~BIDDOC9915rebar ITEM 14 APPROVAL CiTY A'I-I'ORN EY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: //~ William G. Hughes, Director of Public Works/City Engineer DATE: August 14, 2001 SUBJECT: Completion and Acceptance of the Light Emitting Diode (LED) Traffic Signal Conversion Program - Project Number PW01-03 PREPARED BY: ,~Amer Attar, Senior Engineer ' Julie Dauer, ClP Specialist RECOMMENDATION: That the City Council: Accept the "Light Emitting Diode (LED) Traffic Signal Conversion Program,-Project Number- PW01-03" project as complete; and File a Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract; and Release the Materials and Labor Bond seven months after filing of the Notice of Completion, if no liens have been filed. BACKGROUND: On April 10, 2001, the City Council awarded the contract for the Light Emitting Diode (LED) Traffic Signal Conversion Program, Project No. PW01-03, to Republic Electric for the amount of $368,714.25 and authorized the City Manager to approve change orders not to exceed the contingency amount of $36,871.43, which is equal to 10% of the contract amount. On May 22, 2001, The City Council approved Change Order No. 1 in the amount of $55,984.94. This change order increased the number of amber LED units, balls and arrows, and pedestrian indications. The City Manager approved Change Order No. 2 for $6,343.41, which increased the number of all LED units to provide spare parts. The final count of all LED units provided by the contractor reduced the contract amount by$8,309.71. As a result of all change orders and actual LED units count, the final contract amount is $422,732.89. The City of Temecula received a grant from the California Energy Commission (CEC) in the amount of $140,870. The purpose of the grant is to replace incandescent traffic signal lights with Light Emitting Diode (LED) units at each traffic signal and intersection within the City of Temecula. The California Energy Commission has implemented this retrott rebate program to all state, local and regional agencies to encourage the replacement of incandescent lights with those using LED units in an effort to reduce peak electricitydemands throughout the State of California. The Contractor has completed the work in accordance with the approved plans and specifications and within the allotted contract time to the satisfaction of the City Engineer. The construction retention for this project will be released on or about 35 days after the Notice of Completion has been recorded. R:~AGDRPT~2001\0814\PW01-03Accept. DOC FISCAL IMPACT: This project is funded by a State of California Energy Commission (CEC) grant in the amount of $140,870.00 and Capital Project Reserves. The total amount available for this project, including the CEC grant is $445,870. The final Contract amount, including all change orders and adjustments, is $422,732.89. Adequate funds from the CEC grant and Capital Project Reserves are available to cover the entire cost of this contract. The City has already initiated the process for reimbursement from the CEC. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit R:~AGD RP'F~001~0814\PW01-03Accept. DOC RECORDING REQUEeTED BY AND RETURN TO: CITY CLERK CiTY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 92590. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 3. A Contract was awarded by the City of Temecula to Republic Electric, Inc. to perform the following work of improvement: Light Emitting Diode (LED) Traffic Signal Conversion Program Project No. PW01-03 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on August 14, 2001. That upon said contract the "Colonial American Casualty and Surety Company" Insurance Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: PROJECT NO. PW 01-03. 6. The project location is: All signalized intersections in the City of Temecula Dated at Temecula, California, this 14th day of August, 2001. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Susan W. Jones CMC, CityClerk I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 14m day of August, 2001. Susan W. Jones CMC, City Clerk "BONDS ISSUED IN DUPLICATE" BOND NO. PREMIUM: ' cf-r( OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND FOR PROJECT NO. PWOf.473 LIGHT EM; I liNG DIODE (LED) TRAF~TC SlGNAL CONVERSION PROGRAM KNOW ALi PERSONS BY THESE PRESENT THAT: REPUBLIC ELECTRIC, 7120 REDWOOD BLVD., NOVATO, CA 94945 08549333-~ INCLUDED NAME AND ADDRESS CONTRACTOR'S a CORPORATION , hereinafter called Pdndpal, and (fl# in whe~er a Corpora~n, Permemhip ~ COLONIAL AMaER~CAN CASUALTY AND SURETY CQMPANY '-']3 ROCK HILL ROAD, BALA !5'YNWYD, PA 1 9004 NAME AND ADDRESS OF SURETY herelnafter.called SURETY, are held and firmly bound unto CiTY OF TEMECULA, hereinafter called OWNER. in the penal sum of FORTY TWO THOUSAND TWO HUNDRED SEVENTY THREE-. ............. DOLLARS and 2.9{100THS CENTS i$ 4 2,2 7 3.2 9 ) in lawful m,~ney of the United Slmtes, said sum being not less than ten (10%) of.the Contract value payable by the said City of Temecula under the terms of the Contract. for'the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas,, the Principal entered into a certain Contraot with the OWNER, datedthe 10TE dayof APRIL ~ 2001, a c~3py of which is hereto attached and made a part hereof tot Me .construcaon o1' pROJECT NO. PWI)I- 03, LIGHT EMITTING DIODE (LED) TRAFFIC SIGNAL GONVERSlON PROGRAM. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the pedod of o_~ne (1) year after approval of the final estimate on.said ich, by the OWNER, against all defects m workmanship and materials which may become apparent dudng said period; and WHEREAS, the said Contract has been completed, and was the final sstmate approved on JULY 1 3TH ,2001. NOW, THEREFORE, THE CONDmON OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pumuant to the Contract, the work done under the terms of said Contract shall' discJose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defects materfals were furnished tflereundar, then fl~is obJigation shall remain in full force and vir~e, otherwise this insa'ument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, c~:sts and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by the City of Temscula in successfully enforcing this 0biigaficn, ail to be taxed as costs and included in any judgment rendered. t4~IN'TEN~NC~ aC:NO ~1 ~.AC~:~ OJE~l~Wa31,~a~amm~ ~n The Surety hereby stipulates 'and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 1 3TH day of JULY ,2001. (Seal) COLONIAL AMERICAN CASUALTY AND SURETY COMPANY SURE'D( ATTORNEY- IN-FACT APPROVED AS TO FORM: Peter M. Tnorson, City Attorney REPUBLIC ELECTRIC PRINCIPA~ _ _ WADE L. WHITE (Name) PRESIDENT By: (Name) (TiUe) MAINTENANCE BOND M-2 R.'~CfPV~R DJECT~PW~IV~M) 1,0~,J~ks~DoaJmepm ~dac 0~4 T, i-FO RA;I.4 .A T , L-P U-RPOSE .A OIf_N'O WI , R DG. EM'RNT State of CALIFORNIA County of SONOMA On 7-1 3-01 before me~ KELLY I{ERMAN personally appearad BONNIE K. FRYMIRE .................................... ~ per~nMly ~o~ to me - 0R - ~ prov~ ~ me on ~e b~ of ~ac~ e~dence ~ ~ ~e ~r~n~ whose ~.~ ~ to the ~th~ ~ent ~d ~owl~g~ ~ me t~t ~e~ ~ the ~me ~ ~~autho~ ~d~, ~d t~t by ~er~. ~ on the ~ent the ~or ~e ~W u~n b~l~ of w~ the ~ ac~ ~t~ the WITNESS my h~d mhd official, seel OPTIONAL Though ~he dab belew /s not r~quii~d by lzw, it n~y prove v~/usble ~o l~rsons ~elyin~ on '~he docUrnen~ end prevent fraudulent ~achrnent of ~h3a forrm CAPACITY CLAIMED BY SIGNER DESCRIPTION OF A'CFACHED. DOCUMENT [] INDIVIDUAL [] CORPORATE [] PAR~,'TNER(S) [] LIMITED [] GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] o~em MAINTENANCE BOND TITLE OR TYPE OF DOCUMENT TW~ NUMBEROF PAGES JULY 13TH, 2001 DATE OF DOCUMENT SIGNER. IS.REPPJSSENTING: COLONIAL__AMERICAN CASUALTY AND SURETY COMPANY n/a OTHER THAN NAMED Power of Attorney COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, by W. B. WALBI~'~ER, Vice-President, and T. E. SMITH, Assistant Secretory, in pursuance of authority granted by Article V1,/,~f122, of the ~<~ws of said Company, which are set forth on the reverse side hereof and are hereby certifie.~'C~b~ ~n full f~e~f'effect on the date hereof, does hereby nominate, constitute and appoint Bonnie K. FRY~,~of Petalu~l]fornia, its ~ue and lawful agent and Anomey-in-Fact, to make, execute, seal and deliver~oI~h~'~n its ,b~l~a~s~rety, and as its act and deed: any and all bonds and undertakings, each in a penalty n~eed the sub%f-SlX MILLION DOLLARS ($6,000,000) and the execution of such bonds or undertakings in ~ance of the~_/~esents, shall be as binding upon said Company, as fully and amply, to all intents and purpo~,e~'~if they h~n duly executed and acknowledged by the regularly elected officers of the Company at its office ~ Baltimor~.~vl~ ~,~ .their own proper persons. The said Assistant Secretary does her,~b~ffy that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws~6d~'Company, and is now in force. IN WITNESS WHEREOF, t~d Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 17th day of May, A.D. 1999. ATTEST: .® COLONIAL AMERICAN CASUALTY AND SURETY COMPANY 7~ E. Smith Assistant Secretary W. B. Walbrecher Vice-President State ofMaryland } County of Baltimore SS: On this 17th day of May, A.D. 1999, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. WALBRECHER, Vice-president and T. E. SMITH, Assistant Secretary of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Carol d. Fad~rr v Notary Public My Commission Expires: August 1, 2000 L1428- I 86-2036 ClTYOF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW01..03 LIGHT EMITTING DIODE (LED) TRAFFIC SIGNAL CONVERSION PROGRAM This is to certify that ~-~l C. ~-~-~ereinaffer the 'CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW01-03, LIGHT EMITTING DIODE (LED) TRAFFIC SIGNAL CONVERSION PROGRAM, situated in the City of Temecula, State of California, more partic~Jlariy described as follows: INSERT TITLE OF WORK HERE The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contracts Code §7200, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. Dated: CONTRACTOR RELEASE R-1 R~Ci~OJE~ 11J:~91 ~l=r~ doc ITEM 15 TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT City ManageflCity Council APPROVAL ClTYATTORNEY DIRECTOROFFINANCE_,~..~____I ClTY MANAGER ~) William G. Hughes, Director of Public Works/City Engineer August 14, 2001 Parcel Map No. 30044, Located on South East Corner of Dendy Parkway and Winchester Road ~O PREPARED BY: ~-~ Ronald J. Parks, Deputy Director of Public Works Gerald L. Alegria, Senior Engineer-Land Development RECOMMENDATION: That the City Council approve 1) Parcel Map No. 30044 in conformance with the Conditions of Approval 2) Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. BACKGROUND: Parcel Map No. 30044 is a two (2) parcels subdivision located on the south east corner of Dendy Parkway and Winchester Road. The street improvements associated with this map are in place. The improvements were completed as required by the Conditions of Approval of the underlying Parcel Map 29895. However, the one-year warranty period has not expired. Therefore a new Warranty Bond is being collected to cover the remaining one-year warranty period and to substitute the underlying Warranty Bond. In addition a new Monument Bond and Agreement is placed. The Monument Bond for the underlying Parcel Map 29895 will be released accordingly. On February 21, 2001, the Planning Commission for the City of Temecula approved Tentative Parcel Map No. 30044, with the appropriate condition of approvals. This final map is in conformance with the approved tentative map. The approval of a final subdivision map, which substantially complies with the previously approved tentative map is a mandatory ministerial act under State law. FISCAL IMPACT: None ATrACHMENTS: 2. 3, 4. Development Fee Checklist Fees & Securities Report Project Vicinity Map Parcel Map No. 30044 r:~agdrpt~2001\0724\pm29406.ma p CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. PM 30044 Staff reviewed the following fees relative to their applicabilityto this project. FEE Flood Control (ADP) Development Impact Fee CONDITIONS OF APPROVAL Paid Paid 2 r:~agdrpt~.001 \0724\pm29406.ma p CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP NO. 30044 DATE: August 14, 2001 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 35,600 $ 0 Water $ 0 $ 0 Sewer $ 0 $ 0 TOTAL $ 35,600 $ 0 Monument $ 14,000 DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due $ 0.00 $ Paid $ Paid $ 56.00 $ 4.00 $ 790.00 $ 250.00 $ 1,100.00 $ o.oo 3 r:~agdrpt~2001\0724\pm29406.map City of Temecula Subdivision Improvement Agreement Page 1 Record~0g Requested by City of Temecula When recorded mail to: City of Temecula Office of the City Clerk Post Office Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 DATE OF AGREEMENT: NAME OF SUBDIVIDER: CITY OF TEMECULA SUBDIVISION IMPROVEMENT AGREEMENT (referred to as "SUBDIVIDER") (referred to as "SUBDIVISION") NAME OF SUBDIVISION: TRACT NO.: TENTATIVE MAP RESOLUTION OF APPROVAL NO.: (~d/'~ (referred to as "Resolution or Approval") IMPROVEMENT PLANS NO.: (referred to as "Improvement Plans") ESTIMATED TOTAL COST OF IMPROVEMENTS: ESTIMATED TOTAL COST OF MONUMENTATION: courT,ON DATE: NAME OF SURETY AND BOND NO. FOR LABOR AND MATERIALS BOND: NAME OF SURETY AND BOND NO. FOR FAITHFUL PERFORMANCE BOND: P.4. doJ,, 4er AT,;. R:~AGMTS~LD^GMTS~SUBDIMPROVEMENT AGMT,doc Revised 12Z20t~O City of Temecula Subdivision Improvement Agreement Page 2 This agreement is made and entered into by and between the City of Temecula, California, a Municipal Corporation of the State of California, hereinafter referred to as CITY, and the SUBDIVIDER. RECITALS SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of Califomia and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this agreement as the "Subdivision Laws". A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this agreement by reference. The Subdivision Laws establish as a condition precedent to the approval of a final map that SUBDIVIDER must have complied with the Resolution of Approval and must have either (a) completed, in compliance with CITY standards, all of the improvements and land development work required by the Subdivision Laws and the Resolution of Approval or, (b) have entered into a secured agreement with CITY to complete the improvements and land development within a period of time specified by CITY. In consideration of approval of a final map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this agreement, whereby SUBDIVIDER desires to enter into this agreement, whereby SUBDIVIDER promises to install and complete, at SUBD1VIDER'S own expense, all the public improvement work required by CITY in connection with the proposed subdivision. SUBDIVIDER has secured this agreement by improvement security required by the Subdivision Laws and approved by the City Attorney. Complete Improvement Plans for the construction, installation and completion of the improvements have been prepared by SUBDIVIDER and approved by the City Engineer. The Improvements Plans numbered as referenced previously in this agreement are on file in the Office of the City Engineer and are incorporated into this agreement by this reference. All references in this agreement to the Improvement Plans shall include reference to any specifications for the improvements as approved by the City Engineer. R:XAGMTS~DAGMTS~S UBDIMPROVE2dEI~IT AGMT.doc Revised 12/20/60 · City of Temecula Subdivision Improvement Agreement Page 3 An estimate of the cost of construction of the public improvements and performing land development work in connection with the improvements according to the Improvement Plans has been made and had been approved by the City Engineer. The estimated amount is stated on Page 1 of this agreement. The basis for the estimate is attached as Exhibit "A" to this agreement. The CITY has adopted standards for the construction and installation of improvements within the CITY. The Improvement Plans have been prepared in conformance with the CITY standards in effect on the date of approval of the Resolution of Approval. Within thirty (30) days after completion of the required improvements and their acceptance by CITY, it is necessary that certain monuments and stakes as specified on the final map for the SUBDIVISION, shall be installed and, also, that street signs be placed at intersections. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the SUBDIVISION, and has taken the final act necessary to subdivide the property within the SUBDMSION. As a result, CITY will be damaged to the extent of the cost of installation of the improvements by SUBDIVIDER'S failure to perform its obligations under this agreement, including, but not limited to, SUBDIVIDER'S obligation to complete construction of the improvements by the time established in this agreement. CITY shall be entitled to all remedies available to it pursuant to this agreement and the Subdivision Laws in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the SUBDIVISION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of CITY. NOW, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows: 1. SUBDIVIDER'S Obligations to Construct Improvements. SUBDIVIDER shall: Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. Complete by the time established in Section 20 of this agreement and at SUBDIVIDER'S own expense, all the public improvement work required on the Tentative Map and Resolution of Approval in conformance with the Improvement Plans and the CITY standards: Furnish the necessary materials for completion of the public improvements in conformity with the Improvement Plans and CITY standards. R:~AGMTS~I)AGMTSkqUBDIMPROVEMENT AGMT. doc Reviaed 12/20/00 · City of Temecula Subdivision Improvement Agreement Page 4 Acquire and dedicate, or pay the cost of acquisition by CITY, of all right-of- way, easements and other interests in real property for construction or installation of the public improvements, free and clear of ail liens and encumbrances. The SLrBD1VIDER'S obligations with regard to acquisition by CITY of off-site rights-of-way, easements and other interests in real property shail be subject to a separate agreement between SUBDIVIDER and CITY. SUBDIVIDER shall aiso be responsible for obtaining any public or private drainage easements or authorizations to accommodate the SUBDMSION. Install all SUBDIVISION monuments required by law within thirty (30) days after the completion and acceptance of the public improvements by the CITY. Instail street name signs conforming to CITY standards. If pennanent street name signs have not been installed before acceptance of the improvements by the CITY, SUBDIVIDER shall install temporary street name signs according to such conditions as the City Engineer may require. Acquisition and Dedication of Easement or Rights-of-Way. If any of the public improvement and land development work contemplated by this agreement is to be constructed or installed on land not owned by SUBD VIDER, no construction or installation shall be commenced before: The offer of dedication to CITY of appropriate rights-of-way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the improvements or work, or The dedication to, and acceptance by, the CITY of appropriate rights-of-way, easements or other interests in real property, as determined by the City Engineer, or The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shail comply in all respects with the order of possession. Nothing in this Section 2 shall be construed as authorizing or granting an extension of time to SUBDIVIDER. Security SUBDIVIDER shall at ail times guarantee SUBDIVIDER'S performance of this agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: a. to assure faithful performance of this agreement in regard to said improvements in an amount of 100% of the estimated cost of the improvements; and R:ka, GMTS~&DAGMTS k~ UBDIMPROVE34EYJT AGMT.doc Revised 12/20/00 City of Temecula Subdivision Improvement Agreement Page 5 bo to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 50% of the estimated cost of the improvements; and to guarantee or warranty the work done pursuant to this agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the improvements; and do SUBDIVIDER shall also furnish to CITY good and sufficient security in the amount of 100% of the estimated cost of setting subdivision monuments as stated previously in-this agreement. The securities required by this agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on Page 1 of this agreement are incorporated into this agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. 4. Alterations to Improvement Plans. Any changes, alterations or additions to the improvement plans and specifications or to the improvements, not exceeding 10% of the original estimated cost of the improvement, which are mutually agreed upon by CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for faithful performance as required by Paragraph 3 of this agreement for 100% of the total estimated cost of the improvement as changed, altered, or amended, minus any completed partial releases allowed by Paragraph 6 of this agreement. The SUBDIVIDER shall construct the improvements in accordance with the CITY Standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this agreement, when necessary to protect the public health, safety or welfare or comply with applicable State or federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. R:XAG MTSkL.DAG MTS~S UBDIMPROVE/v~e2~ AGMT. dcc Revised 12/20/110 City of Temecula Subdivision Improvement Agreement Page 6 Inspection. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the public improvements by CITY inspector and to the shops wherein any work is in preparation. Upon completion of thee work the SUBDIVIDER may request a final inspection by the City Engineer, or the City Engineer's authorized representative. If the City Engineer, or the designated representative, determine that the work has been completed in accordance with this agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and CITY standards. SUBDIVIDER shall bear all costs of inspection and certification. Release of Securities. Subject to approval by the City Council of CITY, the securities required by this.agreement shall be released as follows: Security given for faithful performance of any act, obligation, work or agreement shall he released upon the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. The City Engineer may release a portion of the security given for faithful performance of improvement work as the improvement progresses upon application therefore by the SUBDIVIDER; provided, however, that no such release shall be for an amount less than 25% of the total improvement security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than 50% of the total improvement security given for faithful performance until final completion and acceptance of the improvement work. In no event shall the City Engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this agreement. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for who lien have been filed and of which notice has been given to the legislative body, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 10, the warranty period shall not commence until final acceptance of all the work and improvements by the City Council. RAAGMTS~LDAGMTS~S U BDIMPROVE~O~/T AGMT.doc · City of Temecula Subdivision Improvement Agreement Page 7 e. The CITY may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. Injury to Public Improvements, Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the CITY or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. Permits. SUBDIVIDER shall, at SUBDIVIDER'S expense, obtain all necessm'y permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. Default of SUBDIVIDER. Default of SUBDIVIDER shall include, but not be limited to, SUBDIVIDER'S failure to timely commence construction of this agreement; SUBD1VIDER'S failure to timely complete construction of the improvements; SUBDIVIDER'S failure to timely cure any defect in the improvements; SUBDIVIDER'S failure to perform substantial construction work for a period of 20 calendar days after commencement of the work; SUBDIVIDER'S insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER'S failure to perform any other obligation under this agreement. The CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER'S obligations under this agreement. The CITY shall have the right, subject to this section, to draw upon or utilize the appropriate security to mitigate CITY damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to C1TY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the improvements and, therefore, CITY damages for SUBDIVIDER'S default shall be measured by the cost of completing the required improvements. The sums provided by the R:~AGMTSkLDAGMTSXS UBDIMPROVElvlI~T AGMT.doc Revised City of Temecula Subdivision Improvement Agreement Page 8 improvement security may be used by CITY for the completion of the public improvements in accordance with the improvement plans and specifications contained herein. In the event of SUBDIVIDER'S default under this agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety, and agrees to pay the entire cost of such performance by C1TY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. Failure of SUBDIVIDER to comply with the terms of this agreement shall constitute consent to the filing by CITY of a notice of violation against all the lots in the SUBDMSION, or to rescind the approval or otherwise revert the SUBDIVISION to acreage. The remedy provided by this Subsection c is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S broach shall be in the discretion of CITY. In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attorney's fees. The failure of CITY to take an enfomement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. 10. Warranty. SUBDIVIDER shall guarantee or warranty the work done pursuant to this agreement for a period of one year after final acceptance by the City Council of the work and improvements against any defective work or labor done or defective materials furnished. Where certain improvements are to be constructed in phases or sections, the one year warrant period shall commence after City acceptance of the last completed improvement. If within the warranty period any work or improvement. If within the warranty period any work or improvement or part of any work or improvement done, fumished, installed, constructed or caused to be done, furnished, installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this agreement or the improvement plans and specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or R:'~AGMTShLDAGMTS',SUBD1MPRO~ AGMT. dOC Revised City of Temecula Subdivision Improvement Agreement Page 9 reconstruct any defective or otherwise unsatisfactory pan or parts of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY at CITY option, to perform the work twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S and agrees to pay the cost of such work by CITY. Should the CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. SUBDIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this agreement. 12. Injury to Work. Until such time as the improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all improvements required by this agreement are fully completed and accepted by CITY, SUBDIVIDER will be responsible for the care, maintenance of, and any damage to such improvement. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. Other Agreements. Nothing contained in this agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinance providing therefore, nor shall anything in this agreement commit CITY of any such apportionment. 14. SUBDIVIDER'S OBLIGATION TO WARN PUBLIC DURING CONSTRUCTION. 15. 16. Until final acceptance of the improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. Vesting of Ownership. Upon acceptance of the work on behalf of CITY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this agreement shall vest in CITY. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by City Council upon recommendation of the City Engineer after final completion and inspection of all improvements. The City Council shall act upon the City of Temecula Subdivision Improvement Agreement Page 10 Engineer's recommendation within thirty (30) days from the date the City Engineer certifies that the work has been finally completed, as provided in Paragraph 5. Such acceptance shall not constitute a waiver of defects by CITY. 17. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or orrfissions of SUBDIVIDER, its agents or employees in the performance of this agreement. SUBDIVIDER further agrees to protect and hold harmless CITY, its officials and employees from any and all claims, demands, causes or action, liability or loss of any sort, because of, or arising out of, acts or omissions of SUBDIVIDER, its agents or employees in the performance of this agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. Acceptance by the CITY of the improvements shall not constitute an assumption by the CITY of any responsibility for any damage or taking covered by this paragraph. CITY shall not be responsible for the design or construction of the subdivision or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by the CITY in approving the plans or map, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect, however SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten years following the acceptance by the CITY of improvements. It is the intent of this section that SUBDIVIDER shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The improvement security shall not be required to cover the provisions of this paragraph: 18. Sale or Disposition of SUBDIVISION. Sale or other disposition of this property will not relieve SUBDIVIDER from the obligations set forth herein. If SUBDIVIDER sells the property or any portion of the property within the SUBDIVISION to any other person, the SUBDIVIDER may request a novation of this agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the City of Temecula Subdivision Improvement Agreement Page 11 securities required by this agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Paragraph 17 for the work or improvement done by SUBDIVIDER. 19. Time of the Essence. Time is of the essence of this agreement. 20. Time for Completion of Work/Time Extensions. SUBDIVIDER shall complete construction of the improvements required by this agreement within eighteen (18) months of this agreement. In the event good cause exists as determined by the City Engineer, the time for completion of the improvements hereunder may be extended. The extension shall be made by writing executed by the City Engineer. Any such extension may be granted without notice to SUBDIVIDER's Surety and shall not affect the validity of this agreement or release the Surety or Sureties on any security given for this agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of~work, resulting from an act of CITY, or by an act of God, which SUBDIVIDER could not have reasonable foreseen, or by storm or inclement weather which prevent the conducting of work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of the time for completion. As a condition of such extension, the City Engineer may require SUBDIVIDER to furnish new security guaranteeing performance of this agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. 21. No Vesting of Rights. Performance by SUBDIVIDER of this agreement shall not be construed to vest SUBDIVIDER'S rights with respect to any change in any zoning or building law or ordinance. 22. Notices. All notices required or provided for under this agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mall. Notices shall be addressed as follows unless a written change of address is filed with the City: Notice to CITY: City Engineer City of Temecula 43200 Business Park Dr. Post Office Box 9033 Temecula, CA 92589-9033 Notice to SUBDIVIDER: R:~kGMTSkLDAGMTSk~ UBDIMPROVEMENT AGMT.doc City of Temecula Subdivision Improvement Agreement Page 12 24. 25. 26. 27. 23. Severabilit¥. The provisions of this agreement are severable. If any portion of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full fome and effect unless amended or modified by the mutual consent of the parties. Captions. The captions of this agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this agreement. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. Incorporation of Recitals. The Recitals to this agreement are hereby incorporated into the terms of this agreement. Entire Agreement. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties. In the case of the CITY, the appropriate party shall be the City Manager. R:'tAGMTS'~DAGMTS',S UBDIMPROVEMENT AGMT.doc City of Temecula Subdivision Improvement Agreement Page 13 IN WITNESS WHEREOF, this agreement is executed by CITY, by and through its Mayor. SUBDIVIDER ..--.-,....j Title: CITY OF TEMECULA Jeff Comerchero, Mayor By: ATTEST: Name~ Title: Susan W. Jones, CMC City Clerk (Proper Notarization of SUBDIVIDER's signature is required and shall be attached) RECOMMENDED FOR APPROVAL: By: William G. Hughes Director of Public Works/City Engineer APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney R fiAGMTS~LDAGMTS~SUBDIMPROVEMENT AGMT.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of .~./~/' ss. On ~'- ,/- ~)/ ,beforeme, Dste personally appeared Name(s) of Signer(s) ,.pperSonally known to me roved to me on the basis of satisfactory evidence to the subscribed person~),, whose name~,.) re acknowledged to me th.~/she/they executed the same in ~er/their authorized capacity~, and that by ~s~her/their signature(s) on the instrument the person~(,S~, or the entity upon behalf of which the person~. acted, executed the instrument. WITNESS my hand and official seal. oP'rlONAL ' Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and rea~lachment of this form to another document. Uescription of Attached Document _ Title or Type of Document:~_/..'~_~:~//~/ Documen~t Date: '~ - / - Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer -- Title(s): [] Partner-- [] Limited [] General , [] Attomey in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: CITY OF TEMECULA SUBDMSION FAITHIrCL PERFORMANCE BOND BOND N0 .KO_67&I71~_ _ WHEREAS, the City' of Temeeula, State of California, and /~Ar~ (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated ~ ~ ~o~, and identified as Project ~,,~. ~ Oo t//l? , is hereby referred to and made a part hereof; and WHERE,~S, Principal is required under the terms of the agreement to furnish a bond for the Faithful Perfor~nnce of the agreement: NOW,' TI-IEREFORE, we the Principal andCO~lP~w/ -....~.. . ~as surety, are held and t rmiy bound unto the City of Teme a, Califo a, in the p nal lawful money of the United States, for the payment of such sum w~ll and truly to be wade, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above-bounded principal, his or its heirs, executors, adwinisu'ators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covennnts, conditions, and provisions in the agreement and any alteration thereof made as therein provided, on his or their pa~, to be kept and performed at the time and in the manner therein specified, and in all respects according to this or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change,, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on [SEAL] [SEAL] SURETY I~S~= :' FIRIg INSUI1ANCF.: COI~PANY By: '~5~/2~ ~~) (Name) B~ G~ZZ~O (Title) (Tit/e) By: (Name) (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney ACKNOWLEDGEMENT OF SURETY STATE OF NEW YORK ) CITY OF- NEW-YORK-- ) COUNTY OF NEW YORK ) SS: On this 25th day of July in the year 2001, before me personally came to me known, who, being by me duly sworn, did depose and say that Barbara Guzzardo he/she resides in New York, NY, that he/she is the Attorney-in-Fact of Westchester Fire Insurance Company the corporation described in and which executed the above instrument; and that he/she signed his/her name thereto by order of the Board of Directors of said Corporation. Not~a~ Public or Commissioner of Deeds KnoW all m~h by thgS~ Ores~nts: ~ C~ ~ ~' P offieemtheCityofAflanta,Georgia~pursuanttoth~:follo~n ~ ~solut fi, :~. : ~, t v ~ ~ 11,. OE~ A. D~G~ B~: CALDERON~ B~ GU~O:~?~A ~ ~ ~.l~n L~A ~IERC~K, C~ILLE ~I~A~ and AN~O~ CORPSE all of~e CiW of New York, State of New d any ~nd ~]l bonds~ ~d~kin~, incidences, ¢ ~ ~EsS ~H~, t~ s~i~ will~m J~i8:~ ~ : COMPly ~s~c~ ' · ~ ~: ' :.: ~ ~s~co~ , :;:i:; ~ ~TIMO~HE~0~ Lhave hmunt6 ~i my hind an 1, the undersigned Secreta~ of WESTCHESTER FIRE iNsURANcE COMPLY ! do hereb ATFORNEY, of which the foregoing is a substantially ~rue and correct copy, is in full force and effect. have hereunto subscribed my name as Secretary and affixed the corporat~ sea of the Corporat on th s25TH WESTCHESTER FIRE INSURANCE COMPANY FINANCIAL STATEMENT DECEMBER 31, 1999 BONDS SHORT-TERM INVESTMENTS STOCKS REAL ESTATE CASH ON HAND AND IN BANK PREMIUM IN COURSE OF COLLECTION' INTEREST ACCRUED OTHER ASSETS TOTAL ASSETS $593.710.367 21.4~.718 0 0 18,085,418 38,091,283 7.995.249 72.757.659 $752,128.694 RESERVE FOR UNEARNED PREMIUMS RESERVE FOR LOSSES RESERVE FOR TAXES FUNDS HELD UNDER REINSuRaNCE TREATIES OTHER LIABILITIES TOTAL LtABILITIES $92,412,997 617.969.715 4.390,628 0 (222.563.124) 492,210.216 CAPITAL: 928.592 SHARES, $3.77 PAR VALUE CAPITAL: PAJD IN AGGREGATE WRITE-INS FOR SPECIAL SURPLUS FUNDS SURPLUS (UNASSIGNED) -SURP~.US ~'O POLICYHOLDERS 3.500.792 79,336,379 117.300.000 59,781,307 259,918.478 $752.128.694 TOTAL ('EXCLUDES PREMIUM MORE THAN 90 DAYS DUE.) STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA Joseph S~agliano, being duly sworn, says tha! he ~s Vice Presi,~en[ - Assis[ant Controllar of ~r Fi~ Insu~n~ C~ny and thai to lhe D~ of n~s Kn~l~ge an~ ~lief ~e roman9 is a ~e a~ ~e~ s~nt of ~e ~id ~mpany's finan~l ~nQ~ion as of Sw~ ~fore me m~ 2~ ~y of~ 20~. ~ Pres~ en s a o CITY OF TEMECULA SUBDIVISION MONUMENT AGREEMENT DATE OF AGREEMENT: NAME OF SUBDWDER: (referred to as "SUBDIVIDER") / NAME OF SUBDIVISION: (referred to as "SUBDIVISION") TRACT NO.: TENTATIVE MAP RESOLUTION OF A PRovALNo.: .TOO z.//.-/ (referred to as "Resolution of Approval") / ,/ ESTIMATED TOTAL COST OF IMPROVEMENTS: ESTIMATED TOTAL COST OF MONUMENTATION: COMPLETION DATE: $ NAME OF SURETY AND BOND NO. FOR SUBDIVISION MONUMENT BOND: SUBDIVISION MONUMENT AGREEMENT This agreement is made and entered into by and between the City of Temecula, California, a Municipal Corporation of the State of California, hereinafter referred to as CITY, and the SUBDIVIDER. RECITALS SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this agreement as the "Subdivision Laws". A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this agreement by reference. The Subdivision Laws establish as a condition precedent to the approval of a final map that SUBDIVIDER must have complied with the Resolution of Approval and must have either (a) completed, in compliance with CITY standards, all of the improvements and land development work required by the Subdivision Laws and the Resolution of Approval or, (b) have entered into a secured agreement with CITY to complete the improvements and land development within a period of time specified by CITY. In consideration of approval of a final map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this agreement, whereby SUBDIVIDER promises to install and complete, at SUBDIVIDER'S own expense, all monumentation required by CITY in connection with the proposed subdivision. SUBDIVIDER has secured this agreement by improvement security required by the Subdivision Laws and approved by the City Attorney. For the purpose of this agreement, the only improvements that remain to be completed for this unit is installation of the subdivision monumentation, and Aimprovements as used throughout this agreement implies said monumentation. An estimate of the cost of the Subdivision Monumentation, has been made and have been approved by the City Engineer. The estimated amount is stated on Page 1 of this agreement. The basis for the estimate is attached as Exhibit "A" to this agreement. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION, CITY has conferred substantial fights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the SUBDIVISION, and has taken the final act necessary to subdivide the property within the SUBDIVISION. As a result, CITY will be damaged to the extent of the cost of installation of the improvements by SUBDIVIDER'S failure to perform its obligations under this agreement, including, but not limited to, SUBD1V'IDER'S obligation to complete installation of the Subdivision Monumentation by the time established in this agreement. CITY shall be entitled to all remedies available to it pursuant to this agreement and the Subdivision Laws in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the SUBDIVISION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of CITY. SUBDIVISION MONUMENT AGREEMENT NOW, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDWISION, SUBDIVIDER and CITY agree as follows; 1. SUBDWIDER'S Obligations to Construct Improvements. SUBDIVIDER shall: Install all SUBDIVISION monuments required by law within eighteen (18) months of the date of this agreement. Nothing in this Section 1 shall be construed as authorizing or granting an extension ofhme to SUBDIVIDER. Security SUBDIVIDER shall at all times guarantee SUBDIVIDER'S performance of this agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: Good and sufficient security in the amount o_f 100% of the estimated cost of setting subdivision monuments as stated previously in this agreement. The securities required by this agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on Page 1 of this agreement are incorporated into this agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. Inspection. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the monumentation by CITY inspector. Upon completion of the work the SUBDIVIDER may request a final inspection by the City Engineer, or the City Engineer's authorized representative. If the City Engineer, or the designated representative, determine that the work has been completed in accordance with this agreement, then the City Engineer shall certify the completion of the monumentation to the City Council. SUBDIVIDER shall bear all costs of inspection and certification. Release of Securities. Subject to approval by the City Council of CITY, the securities required by this agreement shall be released as follows: Security given for installation of the Subdivision Monumentation shall be released upon the final completion and acceptance of the act or work. Iniury to Public Improvements, Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the CITY or uny public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. SUBDIVISION MONUMENT AGREEMENT Permits. SUBDIVIDER shall, at SUBD1VIDER'S expense, obtain all necessary perm/ts and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. Default of SUBDIVDER. Default of SUBDIVIDER shall include, but not be limited to, SUBDIVIDER'S failure to timely commence construction of this agreement; SUBDIVDER'S failure to timely complete installation of the monumentation. SUBDIVIDER'S insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER'S failure to perform any other obligation under this agreement. -The CITY reserves-to itself all remedies available to it at law or in equity for breach of SUBDIVIDER'S obligations under this agreement. The CITY shall have the right, subject to this section, to draw upon or utilize the appropriate security to mitigate CITY damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of installation of the improvements and, therefore, CITY damages for SUBDIVIDER'S default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the public improvements in accordance with the final map and specifications contained herein. In the event of SUBDIVIDER'S default under this agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by con~'act or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBD1VIDER'S Surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. Failure of SUBDIVIDER to comply with the terms of this agreement shall constitute consent to the filing by CITY of a notice of violation against all the lots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDMSION to acreage. The remedy provided by this Subsection c is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S breach shall be in the discretion of CITY. In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attorney's fees. 4 SUBDIVISION MONUMENT AGREEMENT 10. lI. 12. 13. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. SUBDIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this agreement. Injury to Work. Until such time as the improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the installed improvements. Until such time as all improvements required by this agreement are fully completed and accepted by CITY, SUBDIVIDER will be responsible for the care, maintenance of, and any damage to such improvement. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDWIDER. - Other Agreements. Nothing contained in this agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinance providing therefore, nor shall anything in this agreement commit CITY of any such apportionment. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by City Council upon recommendation of the City Engineer after final completion and inspection of all monumentation. The City Council shall act upon the Engineer's recommendation within thirty (30) days from the date the City Engineer certifies that the work has been finally completed, as provided in Paragraph 3. Indemn!ty/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this agreement. SUBDIVIDER further agrees to protect and hold harmless CITY, its officials and employees from any and all claims, demands, causes or action, liability or loss of any sort, because of, or arising out of, acts or omissions of SUBDIVIDER, its agents or employees in the performance of this agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the installation or review of the improvements. Provisions of this paragraph shall remain in full force and effect for ten years following the acceptance by the CITY of improvements. It is the intent of this section that SUBDIVIDER shall be responsible for all liability for installation and inspection of the improvements installed or work done pursuant to this agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any map or specifications or in approving, reviewing or inspecting any work or construction. The improvement security shall not be required to cover the provisions of this paragraph: Sale or Disposition of SUBDMSION. Sale or other disposition of this property will not relieve SUBDIVIDER from the obligations set forth herein. If SUBDIVIDER sells the property or any portion of the property within the SUBDMSION to any other person, the SUBDIVIDER may request a novation of this agreement and a substitution of security. Upon SUBDIVISION MONUMENT AGREEMENT 14. 15. 16. 17. approval of thc novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Paragraph 17 for the work or improvement done by SUBDIVIDER. Time of the Essence. Time is of the essence of this agreement. Time for Completion of Workfrimc Extensions. SUBDIVIDER shall complete construction of the improvements required by this agreement within eighteen (18) months of this agreement. In the event good cause exists as determined by the City Engineer, thc time for completion of the improvements hereunder may be extended. The extension shall be made by writing executed by the City Engineer. Any such extension may be granted without notice to SUBDIVIDER's Surety and shall not affect the validity of this agreement or release the Surety or Sureties on any security given for this agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God, which SUBDIVIDER could not have reasonable foreseen, or by storm or inclement weather which prevent the conducting of work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of the time for completion. As a condition of such extension, the City Engineer may require SUBDIVIDER to furnish new security guaranteeing performance of this agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. No Vesting of Rights. Performance by SUBDIVIDER of this agreement shall not be construed to vest SUBDIVIDER'S rights with respect to any change in any zoning or building law or ordinance. Notices. All notices required or provided for under this agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on thc date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with the City: Notice to CITY: William G. Hughes, Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Notice to SUBDIVIDER: SUBDIVISION MONUMENT AGREEMENT 18. 19. 20. 21. 22. Severability. The provisions of this agreement are severable. Ifanyportion of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. Captions. The captions of this agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this agreement. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable at~omeys' fees. Incorporation of Recitals. The Recitals to this agreement are hereby incorporated into thc terms of this agreement. Entire Agreement. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties. In the case of the CITY, the appropriate party shall be the City Manager. SUBDIVISION MONUMENT AGREEMENT 1N WITNESS WHEREOF, this agreement is executed by CITY, by and tln-ough its Mayor. SUBDIVIDER Title: ~"~; e.. ~"~ ¢ ~-t'e.~ ,~, ?~ CITY OF TEMECULA By: Jeff Comerchero, Mayor By: Name: Title: (Proper Notarization of SUBDIVIDER's signature is required and shall be attached RECOMMENDED FOR APPROVAL: By: William G. Hughes, Director of Public Works/City Engineer APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC City Clerk CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California t ss. County of ~.~=::~3/- z~)/~="~ ~ On ~'-t- O/ ,beforeme, ~ /---//--~ Date Name a~d RUe of ~r (e.g., 'Jane D~, No~ff Pu~ic") personally appeared ~ ~ ~, /~ ~ ~ ~ ~' Name(s) of S~ne~s) ~ personally known to me ~proved to me on the basis of satisfacto~ idence to be the person(~whose na~s)~re subscribed to the Within instrument and acknowledged to me th~she/they executed the same in ~her/their authorized ~- - ;~;;; -- - ~ capacity(~ and that by--her/their signature~ on the instrument the person~ or ~~ ~ ~ the entity upon behalf of which the person~) ~ ~~ Pu~-- ~~ ~ acted, executed the instrument. ......... _ W TNESS_my hand:e omcia ,,-.-,,-,-. y / O~NAL Though the info~ation below is not required by law, it may p~ve valuable ~o pe~ons ~lying on the d~ument and could prevent fraudulen~ removal and rea~achmen~ of ~his fo~ ~o another document. Description of A~aChed Document ~tle orType of Document: ~/V/~/~ ~~ Document Date: ~' - '/- /_2 /' Signer(s) Other Than Named Above: ~). Capacity(les) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer -- Title(s): [] Partner-- [] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Number of Pages: Signer Is Representing: Top of thumb here CITY OF TIeMECI_'LA SI.'BDIVISION MONUMlrNT BOND no. r067 55 WHEREAS, the City of Tcmecula, State of California, and /J~-~ "~tvl~ ¢,~/,~ __[hereinafter designated as "Principal") have entered into art a~cement whereby Principal has presented to the City for its approval a Final Subdivision Map, which Map carries the Engineer's or Surveyor's certificate that the monuments will be set on or before a specified later date, which said Agreement dated ///_q ~a~ qZ,ff ,Z-l-9- and identified as Project t~/?~/ ~ ~.%~O is hereby referred to and made a par[ hereof; and WHEREAS, said Principal shall insure the setting of monuments and to guarantee paymem to the Engineer or Surveyor for setting such monuments in said Subdivision, and as a prerequisite to the approval ot'said Final Subdivision Map; and WESTCHESTER FIRE NOW, THEREFORE, we Ire Principal and I/qSURANCE COMPANY as Surety, are held and firmly bound unto the City of Temecuh. California. in the penal sum of S14,000.001z:wful money or'the Umted States, [or Ire payment of such sum well and truly Io be made. we bind ourselves, our he~rs. successors, executors and administrators, jointly and severally. The condition of this obliganon is such that the obligation shall become null and void if the above- bounded Principal. his or its heirs, executors, administrators, successors, or assLkms, shall in all things stand m. abide by. well and Iruly keep~ and perform the covenants, conditions, and provisions in the agreemenl and :my alterauon thereof made as thereto provided, on his o~' their part, to be kept and perfonmed at the t~me and m thc manner thereto sl>eclficd, and m all respects according to his or tl~eir rruc intent and meaning, and shall mdcmml~' and save ham~lcss the C~ty of Temecula. its otIicers, agents, and employee's, as therein stipulated: mhcrw~sc, this obligatmn :,i~ail bc :nd remain in lull three and ct'feet. .-\s a Dart o '1 ~c o)h~auon ~ecurcd hereby and in addilion ti) tile Ii, cc x::mum specified thercfurc. ti~crc shall bc included costs and reasonable expenses and fees. Including rcasonat~lc attorney's Ibcs. nlcurrcd !?.' t',ty m succcssl'ully cnlbrcmg such obligatmn, all to be taxed as costs and included in any jodgmcnt rendered. City of Temecula Subdivision Monument Bond PaRe 2 'I'he surety hereby stipulates and a~eea that no change, extension of time. alteration or addition to :?.e ret'ms of the agreement or to the work to be performed thereunder or the specifications accompanying :!'.~' same shall in any way affect its obligations on this bond. and it does hereby waive notice of any such · :::nge. extension of time. alteration or addition to the terms of the agreement or to the work or to the :peCll'tcatJons. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety 2!:ove named, on JULY 25 ,~._~.2001 .. [SE, LI [SEAL] SURETY M~ WESTCHESTER FIRE INSURANCE COMPANY [Name/ (~ BARBARA GUZZARD0 ATTORNEY-IN-FACT fTitle) By;. (TitleJ (Namej \PPP, OVED AS 'FO FORM: rTitle) ~ ) S~c.h o~.O~.c~, offl~y, andAttom~'Ts.ln.F~t s~all haw~c~t~ toceru~ orv~dfy ~:~f~a ~o ~ thcB-L, nw~nfthe ~, ty~ U~II,:D~B~ A. DEM~O~BEI 1 Y CALDERON BA~A~ GUZT~:`~fi~Al.n ~.)~ A ~Z~ERC~, CAMILLE ~I~A~ ~d A~O~ CORTESE all of~e CiW of New York State of New York, each mdwMually ff th~ be mo~ than one na~d, ~B ~e and la~uI attorney*in-fact, to ~ke, execute, ~al and deliv~ on iB act and ~d a and ail bonds; ~de~kings, ~co~izanees I:th¢ &x~euti0n:0f such ~ ~ESS WHE~OF, th~ said Willifi~ Jun ' :Kathleefi ~ni~ No~ PUfili~ . N6~ Publid >:: sJn ~eSs ~ [ h~b~un~ subs~ my na~ ~ Secm~, ~d affixed ~ co.orate sea~ ~f the Co.omtion, ~is25~H day of:::::~ : , :,, ~IS POWER OF A~O~EY MA~ NOT BE USED ZO ~XEC~ ANY BOND WITH AN ~C[PTION DA~E A~ER E~bm~ 9, WESTCI.IfSTI~R FiRE INSLIRANCE COMPANY BONDS SNORT-TERM INVESTMENT6 STOCK~ REAL ES'rATE CASH ON HAND AND IN i~%NK PREMIUM IN COURSE OF COLLECTION, INTEREST ACCRUED OTHER ASSETS TOTAL ASSETS $593,710,367 21.484.718 0 0 18,085.418 38.091,283 7.995,249 72,757 8sg J752.128.694 RESERVE FOR UNEARNEO PREMIUM~ RESERVE FOR LC~SEE RESERVE FOR TAXr~_ F'UND~ HELD UNDER REINSURANCE TREAT/ES OTHER LIABILITIES ¥OTAL L.~ABILITIF_~ ~ITA~ ~2.8.582. SHARES, $3,77 PA~ VALUE CARITA~ PAID IN AGGREGATE WRITE-INS FOR SPECIAL SURPLUS FUND~ SURPLUS (UI~LSS~GNED) SURPLL~ TO POLICYHOLDERS TOTAL ('EXCLUDES PREMIUM MORE THAN go OAYS DUE.~ STATE OF PENNb'~'LVANIA $92,412,997 617, g6~.715 4.3g0,62~ 0 492,210.216 ~.~.?~ 79,338.37g 111.31)0,1~ll 5g, 761,3(]7 259, S18.478 ~52.12a.694 COUNTY OF PHILADELPI.IIA S~m berate me mia 2lin ~lay of Aer~ 2000' V~e PreS~tnl.~ isl~nl Conln~ter ol SITE VICINITY MAP N.T.$. ITEM 16 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Debbie Ubnosk~=,CDirector of Planning August 14, 2001 Roripaugh Specific Plan - Status Report APPROVAL CITY ATTORNEY DIR.OFFINANCE ~1~__ CITY MANAGER PREPARED BY: Saied Naaseh, Project Planner RECOMMENDATION: Receive and File DISCUSSION: On August 1, 2001 the applicant resubmitted the Specific Plan to staff. Staff had expected to receive the Specific Plan on July 30, 2001 and this delay, coupled with the on-going changes to the proposed Land Use Plan have made it impossible for the applicant's consultants to prepare cohesive, complete, and consistent documentsfor staff to review in a timely manner. As a result, staff will be recommending that the Planning CommiSsion, at their meeting on August 15, 2001, discuss the item, open the public hearing and provide direction to staff. On August 2, 2001 a community meeting was held by staff tOaddress resident's concerns on Nicolas Road. Attachment 1 provides a summary of the issues raised and discussed at the meeting Following is a partial list of the major issues relating to this project: 1) The Specific Plan is not consistent with the Environmental Impact Report (EIR). For example, the EIR requires Planning Area (PA) 30 to be Open Space ifthe developer does not submit a Habitat Management Plan signed by the appropriate resource agencies to the City. However, the Specific Plan proposes 55 single-family units for this Planning Area. In addition, the numerous project changes will require changes to the linal EIR. 2) The proposed Land Use Plan does not comply with the Council subcommittee's buffering recommendations. 3) The Specific Plan document is not internally consistent. It is not consistent with the Response to Comments that the applicant's consultant has prepared. As an example, the number of lots, lot sizes, and density for the project are internally inconsistent in the Specific Plan. As a second example, the Response to Comments refers to trails that are not proposed in the Specific Plan. R:\s p~roripaugh Ranch SP\new\cc stat~s Report august 14.doc 1 4) The Airport Land Use Commission (ALUC) has not approved the elementary school site location within the Panhandle. Overriding the ALUC decision will require a 2/3 vote of the City Council (4 out of 5 in favor). 5) The applicant has not addressed all of staffs comments on the Specific Plan. 6) The concerns from the neighboring residents have not been fully addressed. 7) The applicant would like to pay their fair share of 19 off-site intersection improvements. Then, the applicant would like the City to use those funds to help fund the construction of Butterfleld Stage Road. If the 19 intersections are not improved by this project, other projects, or the City, they will operate at worse than LOD D. 8) The fire stations and fire truck issues have not been fully resolved since the CFD issues have not been fully resolved. 9) The Design Guidelines need to be tightened up with Conditions of Approval and brought back to the Planning Commission for further review and approval if the project is ultimately approved by the City Council. 10) Many mitigation measures in the EIR need to be complied with prior to approval of the Tentative maps for the project on August 28, 2001. Staff has requested the applicant deliver an action plan to comply with these mitigation measures to ensure the feasibility of achieving these mitigation measures byAugust 28, 2001. To date, staff has not received this action plan. FISCAL IMPACT: Not known at this time due to the uncertaintyassociated with the CFD. Attachment 1. Summary of community's concerns raised at the August 2, 2001 CommunityMeeting - Page 3 R:~s p\roripaugh Ranch SP~new\cc stares Report august 14.doc 2 ATFACHMENT NO. t SUMMARY OF COMMUNITY'S CONCERNS RAISED AT THE AUGUST 2, 2001 COMMUNITY MEETING R:~s p\roripaugh Ranch SP~new[cc status Report august 14.doc 3 1) The residents believe the developer or the Cityshould construct four lanes for Nicolas Road instead of the proposed two lanes. The following is their rationale: a) They do not want to be assessed in the future for the additional 2 lanes of Nicolas Road. Staff explained that would require a 2/3 majorityvote of the residents being impacted. They have been concerned for a long time that the Citywill start assessing them for the Nicolas Road improvements. They want something in writing from the City to guarantee that they will not have to pay future assessments. Star[ also explained that Nicolas Road is an off-site improvement and we can legally only require the developer to provide 2 lanes. They responded by saying that the Cityshould construct the remaining two lanes or make the developer construct it as part of the Development Agreement. b) They believe there will be enough traffic on Nicolas Road to require 4 lanes to carryit. We explained that according to the trafic study, ultimately Nicolas (the current dirt portion) would carry about 13,000 trips per day, which is within the capacity of a two-lane road. We further explained that the project is onlyadding 3,000 trips per dayto the traff.ic on Nicolas Road; therefore, staff is requiring a two-lane road. However, they believed that traffic numbers are not accurate and realisticallya lot more people are going to use Nicolas Road. c) They were concerned about the urgency of the City Council to approve the project and they questioned the need for the "eastern bypass" which was cited by some council members as very important to the City Staff provided a number for the ultimate number of trips on Buttedield Stage Road and indicated that the trafic study does not make references to the "eastern bypass" and its crucial importance to the City. d) They were concerned about the safety of Nicolas Road. e) The need for sidewalks came up again. Stall indicated that the road would have a graded shoulder that could provide a safe walking path for children going to school. Staff' would pursue having a "DG" path installed within the ROW separated from the pavement to provide a safe pathway for pedestrians. They were also concerned about the safety of their vehicular access to Nicolas Road. They have long horse trailers which would make it difficult for them to get out of their driveway and get up to the speed of the traffic traveling on Nicolas Road. Staff did not have specific comments on this issue. 2) They had concerns regarding how the existing driveways will be connected to Nicolas Road. They had great concern about the grade oftheir driveway again because they have long horse trailers. Staff explained that during the road design stage access issues tom driveways will be addressed and everyone currently enjoying an access will be provided adequate access. 3) They were not pleased that Calle Contento is proposed to be closed gi~ing the folks over there a quiet neighborhood while all the traffic is being channeled through Nicolas Road. Staff explained that Calle Contento provides no destination and will not carry a lot of traffic; therefore, it is not a necessarycirculation road. They proposed to have Nicolas closed and divert all traffic to Calle Contento. R:\s p\roripaugh Ranch SP[new\cc status Report august 14.doc 4 TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 2 3 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT JULY 10, 200t A regular meeting of the City of Temecula Community Services District was called to order at 7:39 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Stone presiding. ROLLCALL PRESENT: 5 DIRECTORS: Comerchero, Naggar, Pratt, Roberts, Stone ABSENT: 0 DIRECTORS: None Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of June 12, 2001. Professional Services A,qreement for Geotechnical and Materials Testinq for Chaparral .High Schoo Swimminq Pool - Proiect No. PWO0-08CSF) RECOMMENDATION: 2.1 Approve the agreement with Ninyo and Moore to provide professional geotechnical and materials testing services for the Chaparral High School Swimming Pool - Project No. PW00-08 - for an amount not to exceed $48,927.00 and authorize the President to execute the agreement; 2.2 Authorize the General Manager to approve amendments not to exceed the contingency amount of 10% of the contract or $4,892.70. Professional Services Aqreement for Construction Manaqement for Chaparral Hi,q ' School Swimminq Pool - Project No. PW00-08CSD RECOMMENDATION: 3.1 Approve the agreement with Don Sidell to provide construction management services for the Chaparral High School Swimming Pool - Project No. PW00-08 - for an amount not to exceed $46,600.00 and authorize the President to execute the agreement; Minutes.csd\071001 1 3.2 Authorize the General Manager to approve amendments not to exceed the contingency amount of 10% of the contract or $4,660.00. 4 Award the Construction Contract for Chaparral High School Swimming Pool - Proiect No. PW00-08CSD ' RECOMMENDATION: 4.1 Award a construction contract to California Commercial Pools, Inc. of Glendora, California, for the Chaparral High School Swimming Pool - Project No. PW00- 08CSD - in the amount of $2,370,147.71 which includes Additive Bid No. 1 less Bid Item No. 26 of the Base Bid; and to authorize the President to execute the contract; 4.2 Authorize the General Manager to approve change orders not to exceed the contingency amount of $237,014.77 which is equal to 10% of the contract amount; 4.3 Approve a transfer of $276,000.00 in Capital Reserves from the Date/Cherry Street Improvements from Murrieta Hot Springs Road to Margarita Road - Phase V to the Chaparral High School Swimming Pool Project. For Director Naggar, Community Services Director Parker noted that the Chaparral High School pool will be completed by early Spring 2002. MOTION: Director Naggar moved to approve Consent Calendar Item Nos. 1 - 4. The motion was seconded by Director Comerchero and voice vote reflected unanimous approval. DIRECTOR OF COMMUNITY SERVICES REPORT Community Services Director Parker expressed appreciation to the community for its support of the Fourth of July Festivities and thanked the Community Services Department, Police Department, Fire Department, and Code Enforcement Division for their associated efforts. GENERAL MANAGER'S REPORT Echoing Community Services Director Parker's comment, General Manager Nelson as well extended appreciation to the Public Works Department for its associated efforts with the Fourth of July Festivities. BOARD OF DIRECTORS' REPORT,~ President Stone commended the Community Services Department staff on its efforts in the development of the Summer Months Activities and Recreation in Temecula (S. M.A.R. 7~ ) Program, noting that he has received positive responses from participating children. Minutes.csd\071001 2 ADJOURNMENT At 7:42 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, July 24, 2001, 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 [SEAL] Minutes.csd\071001 3 ITEM 2 APPROVAL i~,.~"'"'""~ CITY ATTORNEY DIRECTOR OF FINANCE ClTY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors Herman D. Parker, Director of Community Service~ August 14, 2001 Second Amendment to the Tree Maintenance Services Contract with West Coast Arborists, Inc. PREPARED BY: RECOMMENDATION: Kevin T. Harrington, Maintenance Superintendent That the Board of Directors: Approve the Second Amendment for the extension of the Tree Maintenance Services Contract with West Coast Arborists, Inc. through June 30, 2002 in an amount of $75,000.00. Authorize the City Manager to approve change orders not to exceed the contingency amount of $7,500.00, which is equal to 10% of the contract amount. BACKGROUND: In June, 1999 Request for Proposals (RFP) and specifications for the Citywide Tree Trimming Contract were sent to twelve (12) tree trimming contractors. On July 6, 1999 three (3) bids were received for Citywide tree maintenance services. West Coast Arborists was selected as the lowest qualified contractor. On September 14,1999 the Board of Directors awarded the Tree Maintenance Services Contract to West Coast Arborists, Inc. in the amount of $50,000.00. The original Contract contains provisions that allow the Contract to be extended on a yeady basis by mutual agreement of both parties for up to three (3) additional )ears. On August 22, 2000 the Board of Directors approved the First Amendment to extend the Tree Maintenance Services Contract with West Coast Arborists, Inc. through June 30, 2001, in the amount of $75,000.00. Thus bringing the total contract amount to $125,000.00. Staff continues to be extremely satisfied with the services provided to date and is requesting that the contract term be extended an additional year, through June 30, 2002. R:\HARRINGK\AGENDA.RPT\WCA Tree Maim Amend No.2.doc The work to be performed includes tree trimming, tree and stump removals, root pruning, tree planting, tree inventory and emergency work call-outs. This work is necessary to maintain park, facility and slope area trees, which are part of the City's Urban Forest. The cost for these services for Fiscal Year 2001-02 is estimated at $75,000. This will bdng the total contract amount to $200,000.00. West Coast Arborists are currently providing tree maintenance services for the Public Works Department under another agreement. FISCAL IMPACT: Sufficient funds are available in the TCSD Annual Operating Budget in accounts 190-180 and 193-180. The contract amount for Fiscal Year 2001-2002 shall not exceed $82,500.00, which includes the base contract amount of $75,000.00 and the 10% contingency of $7,500.00. Attachments: 1 ) Second Amendment 2) First Amendment 3) Original Contract R:\HARRINGK~AGENDA. RFr~WCA Tree Maint Amend No.2.doc SECOND AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND WEST COAST ARBORIST, INC. THIS SECOND AMENDMENT is made and entered into as of August 14, 2001 by and between the Temecula Community Services District, a municipal corporation ("District") and West Coast Arborists, Inc. ("Contractor"). in consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On September 15, 1999 the District and Contractor entered into that certain agreement entitled "Temecula Community Services District Agreement for Tree Maintenance Services" ("Agreement"). B. The odginal Agreement was amended on August 22, 2000, in order extend the term through June 30, 2001. The September 15, 1999 Agreement, as amended, shall be referred to as the "Agreement". B. The parties now desire to amend the Agreement as set forth in this Amendment. 2. The term of the Agreement is herebyextended through June 30, 2002. The District agrees to pay Contractor monthly, in accordance with the payment rates as set forth in Exhibit B attached hereto and incorporated herein by this raferance as though set forth in full, based upon actual services provided. This amount shall not exceed 'rvvo HUNDRED THOUSAND DOLLARS and NO CENTS ($200,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. R:\fU%RRINGK\AGREEMNT\WCA2nd~endment.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT BY: Jeffrey E. Stone, President ATTEST: BY: Susan W. Jones, CMC City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney CONTRACTOR BY: NAME: TITLE: BY: NAME: TITLE: (Two Signatures Required For Corporations) R:\H~RINGK\AGREEMNT\WCA2nd.~ndmenE.dOC EXHIBIT "B" FISCAL YEAR 2001/2002 ADJUSTED PRICES ITEM DESCRIPTION UNIT PRICF 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Grid Trimming Service Request Clearance Trimming Tree and Stump Removal Stump Removal Root Pruning w/Root Barrier Root Pruning w/o Root Barrier Plant 15 gal w/RB Plant 15 gal w/o RB Plant 24" box w/RB Plant 24" box w/o RB Crew Rental - 3 man Emergency Crew Rental Watering Tree Inventory The 2001-2002 prices reflect a 3.3% increase. Each Each Each Inch Inch Each Each Each Each Each Each Hour Hour Day Each 30.00 30.00 15.00 16.00 4.20 128.40 64.30 101.60 85.60 208.70 171.30 101.60 214.00 278.30 2.50 R:\HARRINGK\AGREEMNT\WCA2nd/~endment.doc FIRST AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND WEST COAST ARBORIST, INC. THIS FIRST AMENDMENT is made and entered into as of August 22, 2000 by and between the Temecula Community Services District, a municipal corporation ("Dist~ct') and West Coast Arborists, Inc. ('Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On September 15, 1999 the Distdct and Contractor entered into that certain agreement entitled "Temecula Community Services Distdct Agreement for Tree Maintenance Services" ("Agreement"). B. The parties now desire to amend the Agreement as set forth in this Amendment. 2. The term of the Agreement is hereby extended through June 30, '2001. The Distdct agrees to pay Contractor monthly, in accordance with the payment rates as set forth in Exhibit B attached hereto and incorporated herein by this reference as though set forth in full, based upon actual services provided. This amount shall not exceed ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS and NO CENTS ($125,000.00) for the total term of the Agreement unless addilJonal payment is approved as provided in this Agreement. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. R: \ HA~RINGK\AGP.~B~4T \ ~ stAmendme~t, doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Approved As to Form: CONTRACTOR NAME: Pat ric~k M~a~one7/ TITLE: ~e~t BY: ~-~' . NAME: Rose Epperson TITLE: Treasurer (Two Signatures Required For Corporations) EXHIBIT "B" FISCAL YEAR 200012001 ADJUSTED PRICES ITEM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 DESCRIPTION Grid Trimming Service Request Clearance Trimming Tree and Stump Removal Stump Removal Root Pruning wi Root Barrier Root Pruning w/o Root Barrier Plant 15 gal w/RB Plant 15 gal w/o RB Plant 24" box w/RB Plant 24" box w/o RB Crew Rental - 3 man Emergency Crew Rental Watering Tree Inventory The 2000-2001 prices reflect a 3.6% increase. UNIT Each Each Each Inch Inch Each Each Each Each Each Each Hour Hour Day Each PRICE 29.00 29.00 14.50 15.50 4'.10 124.30 62.20 98.40 82.90 202.00 165.80 98.40 207.20 269.40 2.50 TEMECULA COMMUNITY SERVICES DISTRICT CONTRACT FOR TREE MAINTENANCE SERVICES THIS CONTRACT, made and entered into the 15~ day of September, 1999, by and between the Temecula Community Services District, a municipal corporation, hereinafter referred to as "DISTRICT", and West Coast Arborists, Inc., herein referred to as "CONTRACTOR." WITNESSETH: That DISTRICT and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 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 TREE MAINTENANCE SERVICES, 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 Techni~J~l 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 TREE MAINTENANCE SERVICES. Copies of these Standard Specifications are available from the publisher: Building New, 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 Provision, and Technical Specifications for TREE MAINTENANCE SERVICES. 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. The Conlract 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. CONTRAC'fOR shall perform everything required to be pedormed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all ulility and transportation services required for the following: TREE MAINTENANCE SERVICES 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 DISTRICT. DISTRICT 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 DISTRICT or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE. The DISTRICT agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: FIFTY THOUSAND DOLLARS and NO CENTS ($50,000.00) the total amount of the base bid. TERM: The term of the contract shall commence upon award by the District and continue through June 30, 2000. The District reserves the option to extend the contract(s) for an additional three (3) years. No price adjustments will occur during the first thirty-six (36) months of this agreement. Upon request of the contractor and agreement by the District, the item prices may be adjusted by the amount equal to the increase or decrease, during the previous twelve (12) months, in the Riverside, San Bernardino ALL Urban Consumers Index to determine the percentage of increase or decrease, the term "previous twelve months" shall mean the twelve (12) month period ending June 30~h of that year, or if not available, the prior month. CONTRACTOR: The work to be performed shall be completed within THIRTY FIVE (35) CALENDAR DAYS after execution of contract and Notice to Proceed has been issued. Work shall not commence until bonds and insurance are approved by the District. CHANGE ORDERS. All change orders shall be approved by the District Board of Directors, except that the General Manager is hereby authorized by the District Board of Directors to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the District Board of Directors. PAYMENTS LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the Community Services Director a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Community Services Director may require. This schedule, as approved by the Community Services Director, shall be used as the bas~s for reviewing the CONTRACTOR's payment requests. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the DISTRICT, 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 DISTRICT on forms provided by the DISTRICT. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the General 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 Contra'~t Code Section 7107 is hereby incorporated by reference. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract 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 DISTRICT shall retain a podion of the Contract award price, to assure warranty performance and correction of construction deficiencies according to the following schedule: CONTRACT AMOUNT $25,000 0 $75,000 RETENTION PERIOD RETENTION PERCENTAGE 180 days 3% $75,00- $500,000 180 days $2,250 + 2% of amount in excess of $75,000 Over $500,000 One Year $10,750 + 1% of amount in excess of $500,000 SUSPENSION OR 'I'ERMiNATION OF AGREEMENT WITHOUT CAUSF. a. The District may at any time, for any reason, with or without cause, suspend or terminate this contract, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Contract, unless the notice provides otherwise. If the District suspends or terminates a portion of this Contract such suspension or termination shall not make void or invalidate the remainder of this Contract. 10. 11. 12. 13. b. In the event this Contract is terminated pursuant to this Section, the District shall pay to the Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the District. Upon termination of the Contract pursuant to this Section, the Contractor will submit an invoice to the District pursuant to Section 6. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to DISTRICT, 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 DISTRICT related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the District Board of Directors 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 Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRAC'[OR shall forfeit to the DISTRICT, 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. TIME OF THE ESSENCE. Time is of the essence in this contract. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend DISTRICT, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRAC'[OR'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 litigation arising through the sole active negligence or sole willful misconduct of the DISTRICT. The CONTRAC'I'OR shall indemnify and be responsible for reimbursing the DISTRICt' for any and all costs incurred by the DISTRIC'T as a result of Stop Notices filed against the project. The DISTRICT shall deduct such costs from Progress Payments or final payments due to the DISTRICT. GRATUITIES. CONTRACTOR warrants that neither it nor any o! its employees, agents, or representatives has offered or given any gratuities or promises to DISTRICT's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 14. 15. 16. 17. 18. 19. 20. 21. CONFLICT OF INTEREST. CONTRAC'fOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any District 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 DISTRICT within one year of the date of the Notice Inviting Bids. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the General 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. NOTICE TO DISTRICT 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 DISTRICT. 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 DISTRICT. INSPECTION. The work shall be subject to inspection and testing by DISTRICT and its authorized representatives during manufacture and construction and all other times and places,Jr~cludiag-~withoutJimitation,-the_ plans ~f~;O NTRACTO R 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. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex age, or handicap. GOVERNING LAW. The District 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 'remecula Community Services District of 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. 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 perfformed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set lorth in the Contract Documents, and to the DISTRICT addressed as follows: Herman Parker, Community Services Director 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: DATED: Peter M. Thorson. City Attorney CONTRACTOR .. WEST COAST ARBORISTS, iNC. 2200 E. Via Burton Street Anaheim, CA 92806"//'/ By:(714) 991-1900 ,~~~'~ ? ..... Patri~/C~ahoney~Presidem---7- TEMECULA COMM~JNCrY SERVICES DISTRICT ones. ANNUAL TREE HAINTENANCE HIGHLIGHT REPORT Temecula West Coast Arborists and the City of Temecula entered into a part- nership over five years ago. Together, we have introduced a pro-active tree maintenance strategy with the benefits of long-term reduction in costs, increased public safety, satisfied residents, and an increased value of an essential City asset. Throughout the past fiscal year, West Coast Arborists, Inc. pruned over 3,200 trees in accordance with the 2000-2001 tree maintenance contract. Tree pruning xvas performed to prevent branch and foliage interference with any aspect of safety, remove broken or loose branches, clear trees of sprout and sucker growth, obtain an overall balanced appearance, and remove and con- trol tree limbs as to cause no damage to other parts of the tree. In addition to the pruning, there were 48 trees removed due to declina- tion or death and 596 trees planted throughout the City. MAINTENANCE RECAP · Pruned 3,226 trees Work Performed Monthly · Planted 596 trees · Removed 48 trees · Crew rental was provided on an as needed basis · All billing information was pro- vided in hard copy as well as com- puterized diskette compatible with the City's software program 700 ~ #1 SPECIES PBUNED Of the 3,226 trees pruned, 690 were guca~ptus siderozyylons, making them the #1 SPECIES PRUNED for this period. The photo below is a visual representation of the species. The Red Ironbark Tree is an evergreen tree that flourishes in full sun and is tolerant of aridity. The leaves are a bluish-green color that turn bronze in the winter. The floxvers arc fluffy light pink to crimson and bloom from fall to late sprin~ This tree will reach approximately 90 feet in height. The SPECIES FREQUENCY graph shown beloxv displays the Top 10 Species Pruned this fiscal year. l~ucalosOtus siderox2v/on 9% Red Gum t 2% SPECIES FREQUENCY Top 10 Species Pruned American Sweefoum Eucalyptus Species 5% Carob Aleppo Pine 6% J 4% 7% White Alder 12% California Pepper t4% Chinese Pis[ache 3% REDIRONBARK 28% COMMUNITY RELATIONS We pride ourselves on outstanding customer relations. As an industry leader, effective customer service and client relations keeps WCA in the forefront of Complete Urban Forestry Management. Numer- ous letters were received commending the City for selecting WCA and for a job well done. Temecula resident, Rusty Anderson xvrites, '~ was looking~forward to having some new trees in m~y yart~ but was nervous about the location to be planted and the q~ecies. W/ell, not to worry, I {poke with the foreman from F~est Coast ~lrbori~:ts and I explained my concerns. He was so friend~ and vesy cooperative and made sure I was happy with the tree selecte~ ~4s the planting, continued in the neighborhood, I ¢o/et with a couple members of the crew and thfy mere all so friend~. " S ecialt Services GREEN WASTE DIVERSION With the steadily increasing concern for the ecological health of our communities, WCA has embarked on a landfill diversion process where all green waste is taken to recycling facilities and it is used in the production of soil amendments such as mulch, compost, and firewood. Also, an old idea with a new approach is converting City trees into usable lumber. In an on-going effort to reduce: waste from the urban forest, West Coast Arborists is currently distributing valuable urban lumber to cities throughout California. The process begins with removing a dead, diseased, or declining tree; branches and remaining foliage are recycled into mulch and large logs are sorted by specie. The logs arc then milled into usable lumber. Following milling, they are stacked and dried in a kiln where the wood is used to build park and lawn benches. Over the past holiday season, WCA presented the City with a bench made from recycled urban lumber along with a flowchart depicting the process of this operation. This segment of our business is not fo~profit; the program was initiated as a step toward environmental preservation and green waste diversion. Our green waste diver- sion program is a way for WCA to take environmental responsibility and a way for us to give back to the community. COMPUTER SOFTWARE West Coast Arborists, in conjunction with sevcral California cities, designed a computer software program to manage tree inventories as a tool in the Complete Urban Forestry Management Program. The inventory is updated concurrently with each billing cycle to eliminate the process of dual inputting by WCA and the City This process also assists the City in keeping the tree inventory current. Some special features that cmn be utilized in the program are work history by location, scheduling of work to be performed, list tracldng and several types of frequency reports. TREE INVENTORY & GASB34 Using a handheld computer and a Global Positioning System (GPS) backpack receiver, WCA data collectors can identify tree sites by their global coordinates of longitude and latitude. By collecting the data using the GPS system, the City can consolidate the tree data with various other asset layers as directed by the recently enacted GASB34 requirements. GASB34 requires an up to-date inventory of all infrastructure assets including street and park trees. Tbe public entity must perform or obtain condition assessments of these assets every three ),ears. The City must make an annual estimate of the amount needed to maintain and preserve those assets. WCA's Urban Forest Management Program meets all of these requirements. A Certified Arborist will plot latitude and longitude coordinates, perform a condition assessment and gather several physical attributes of each tree to be entered in the tree inventory database. The database is loaded into ArborAccess and can also be linked directly to a GIS program, such as ArcView, for geo coding purposes. All data will be provided to the City in hard copy and electronically for ease of use. About West Coast Arborists Inc. West Coast Arborists, Inc.'s (WCA) vision is to deliver the best Urban Forestry Man- agement Program in California. We achieve our vision by making total quality our way of doing business, by relentless pursuit of full customer satisfaction in every respect, by empower!ng our trained professionals, by leading the industry in state-of-the-art urban tree care services, and by performing superior and safe operations on a seven day, twenty-four hour basis. Our corporate values include listening to our Customers and improving our services to meet Cities' present and future needs. We are committed to providing superior perfor- mance and are accountable for our actions and results. Our leadership sets clear goals and expectations for the organization, is supportive of our outstanding and diverse WCA Team, and provides and seeks frequent feedback from our Customers. As a corporate citizen, WCA's responsibility and accountability are to the Communities where we do 15usiness. We hold ourselves to the highest standards of ethical conduct and environmental responsibility, communicating openly with our Customers and the public. Our specialized services are used as a tool by many Cities throughout California in the management of the urban forest. The unique blend of proper tree maintenance, informa- tion services, safety training and green waste recycling are unparalleled in our industry. WCA is a complete urban forestry manager and full service contractor that specializes in comprehensive, continu- ous, consistent, and safe tree care. Services include tree pruning, raising, removal, planting, watering, emergency, and custom information management. Our Company has been in business in California since 1972. In ~978, WCA incor- porated under the laws of the State of California. We are one of the largest tree care companies in California; our corporate headquarters are in Anaheim, with district offices in Fresno, Pleasanton, Buena Park, and Irvine. We are a professional organization that employs only the highest standard of tree care professionals, including over 3° ISA Certified Arborists and over 80 ISA Certified Treeworkers. Our modern fleet consists of over 3o0 custom-designed vehicles and associated equip- ment. We have a full service, in-house, fleet maintenance depart- ment and maintain our immaculate equipment through preventative maintenance scheduling. We believe in an Interactive Partnership where municipalities can confidently rely on WCA to assist them with any of their tree care needs. Our goals in urban tree care are to extend the life of all trees, preserve public safety, and produce a reliable source of shade, beauty, and the many non-commercial benefits that result from healthy trees in parks and City right-of-ways. WCA is committed to a pro-active policy that reflects our sense of corporate and social responsibility. We have the qualifications, equipment, and corporate capabilities to meet the community's environmental and public safety needs. Our certified teams ensure the community that the work performed will be in accordance with industry standards. Our large fleet of equipment allows us to dedicate specific pieces to the City. Our sup- port staff aids the field team with tailored information and database access which provides communities with a comprehensive urban tree care program. 'Free Care Professionals Serving Communities Who Care About 'l~rees ITEM 3 AP PROVA~-"'~xt CITY ATTORNEY DIRECTOR OF FINANC~ CITY MANAGER ~ ~' TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors Herman D. Parker, Director of Community Service~~) August 14, 2001 Approve Janitorial Maintenance Services Contract for Park Restrooms and Picnic Shelters PREPARED BY: f~Kevin T. Harrington, Maintenance Superintendent RECOMMENDATION: The Board of Directors: 1. Award a twenty two (22) month contract to Grace Building Maintenance Companyto provide park restroom and picnic shelter janitorial maintenance services. Contract term' shall commence on September 1, 2001 and continue through June 30, 2003. 2. Authorize the expenditure of funds in the amount of $82,060.00 for the base contract and a contingency of 10% in the amount of $8,206.00 for supplemental services. BACKGROUND: The Temecula Finance Department in cooperation with the Temecula Community Services Department (TCSD) released a Request for Proposal (RFP) for Park Restroom and Picnic Shelter Janitorial Maintenance Services on July 5, 2001 as directed by the Board of Directors. The TCSD received three (3) proposals, which were evaluated to determine qualifications and to assess the competitiveness of their pricing. Grace Building Maintenance Company was determined to be the lowest qualified bidder for the required services. The contract will provide janitorial maintenance services for park restrooms and designated picnic shelters. This contract will also allow for addition of supplemental services, such as, providing janitorial services at special events, detailed cleaning of snackbar and kitchen facilities and the possible addition of new sites. R:\HARRINGK~,AGENDA.RPT\GRACE BUILD MT RR MAINT CONTRACT 0Id)2 DOC FISCAL IMPACT: The amount of the contract for FY 2001-02 is $41,030.00. Sufficient funds have been included in the TCSD and the Public Works Annual Operating Budgets for FY 2001-02 in accounts: 190-180-999-5250,5212 001-164-603-5250,5212 Attachments: 1 ) Agreement 2) Cost per Unit Comparison R:\HARRINGKX~AGENDA.RPT~GRACE BUILD MT RR MAINT CONTRACT 01~Y2.DOC CITY OF TEMECULA REQUEST FOR PROPOSAL JANITORIAL SERVICES-PARK RESTROOMS 2001 PRICE COMPARISON SHEET DESCRIPTION GRACE A&A DAVENPORT BUILDING JANITORIAL BUILDING MAINTENANCE SERVICES MAINTENANCE. Sam Hicks Monument Park $2,340.00 $3,600.00 $3,600.00 6th Street Parking Lot Restroom $2,340.00 $3,600.00 $3,600.00 Pala Community Park $2,340.00 $3,600.00 $3,600.00 Rancho California Sports Park Rancho Vista field) $2,340.00 $3,600.00 $3,600.00 Skate Park Restroom (At Rancho California Sports Park) $2,340.00 $3,600.00 $3,600.00 Noah/South Restroom (^t Rancho California Sports Park) $2,340.00 $3,600.00 $5,400.00 Kent Hintergardt Memorial Park $2,340.00 $3,600.00 $3,600.00 Paloma Del Sol Park $2,340.00 $3,600.00 $3,600.00 Butterfield Stage Park $2,340.00 $3,600.00 $3,600.00 Temeku Hills Park (Playground reslroom) $2,340.00 $3,600.00 $5,400.00 Temeku Hills Park (SNack b~r estmom) $2,340.00 $3,600.00 $5,400.00 remecula Duck Pond $2,340.00 $3,600.00 $3,600.00 Winchester Creek Park $2,340.00 $3,600.00 $4,560.00 ~Margarita Community Park $2,340.00' $3,600.00 $4,560.00 Temecula Valley High (Tennis courts) $2,340.00 $3,600.00 $4,560.00 Sam Hicks Monument Park $1~380.00 $480.00 $4~560.00 Winchester Creek Park $1~380.00 $480.00 $5~400.00 Rancho Califomia Sports Park $1~380.00 $480.00 $5~400.00 Pala Community Park $1~380.00 $480.00 $4~560.00 Margarita Community Park $1,380.00 $480.00 $4~560.00 Temecula Duck Pond $1 ~380.00 $480.00 $ 5 ~400.00 Temeku Hills Park $1~380.00 $480.00 $4~560.00 TOTAL $44,760.00 $57,360.00 $96,720.00 ALTERNATE BID ITEMS Maintain an additional park reslzoor~ $2,340.00 I $3,600.00 [ $5,475.00 Special event restroom cleaning $10.50 Per Hr. $10.00 Per Hr. $15.00 Per Hr. wedekib\rfp~001parkrestroom~001 Restroom clean Price Comps.Sheet1 CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT CONTRACT AGREEMENT FOR JANITORIAL MAINTENANCE SERVICES THIS MAINTENANCE CONTRACT, made and entered into as of AuC:lust 14, 2001, by and between the Temecula Community Services District ("District"), and Grace Buildin.q Maintenance Company ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM.This Agreement shall commence on September 1, 2001 and shall remain and continue in effect until June 30, 2003 unless sooner terminated pursuant to the provisions of this Agreement. The District reserves the option to extend the Agreement under the same terms and conditions for two (2) additional one-year terms per the attached pricing schedule in Exhibit B. 2. SCOPE OF WORK. Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work") and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. 3. PAYMENT. The District agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Eighty Two Thousand Sixty Dollars ($82,060.00) for Restroom and Picnic Shelter Maintenance Services and Eight Thousand Two Hundred Six Dollars ($8,206.00) for Additional Service Items, for the total term of the Agreement unless additional payment or change order is approved as provided in this Agreement. a. Contractor shall submit invoices monthly for actual services performed detailing the work performed in a form acceptable to the Director of Finance. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the District disputes any of contractor's fees it shall give written notice to Contractor within 30 days of receipt of invoice of any disputed fees set forth on the invoice. 4. CHANGE ORDERS. The City Manager may approve additional payment not to exceed 10% of the Agreement, but in no event shall such sum exceed twenty-five thousand dollars ($25,000.00). Change orders exceeding these limits shall be approved by the Board of Directors. 5. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. R:\HAP. R[NGK\AGREEMNT\Grace Building Maint RR 01-02.doc 6. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the District or its authorized representatives. 7. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 3., above, Contractor shall submit to District, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the District under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District 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 District shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the District pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the District shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the District 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. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the District, 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 District, 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 Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the District. R:\HARRiNGK\AGREEMNT\Grace Building Maint RR 01-02.doc 11. LIABILITY INSURANCE. Contractor 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 Contractor, 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. Minimum Limits of Insurance. Contractor 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. c. 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 District. d. Verification of Coveraqe. Contractor shall furnish the District 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. All endorsements are to be received and approved by the District before work commences. e. Contractor, by executing this Agreement, hereby certifies: "1 am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. R:\HARRINGK\AGREEMNT\Grace Building Maint RR 01-02.doc 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the District nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor 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 District. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against the District, or bind District in any manner. a. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for District. District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the District for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work 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. 17. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. R:\HARRINGK\AGREEMNT~Grace Building Maint RR 01-02.doc 18. 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. 19. 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 District. 20. UTILITY LOCATION. The District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 21. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 22. 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. 23. WRITTEN NOTICE. 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 District: Temecula Community Services District 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Grace Building Maintenance Company 3580 Wilshire Blvd. Suite 1615 Los Angeles, CA 90010 Phone: (213) 386-2003 Fax: (213) 386-2119 24 HR: (213) 386-2003 24. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the District. 25. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. R:\HARRiNGK\AGREEMNT\Grace Building Maim RR 01-02.doc 26, GOVERNING LAW. The District 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 Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 27. 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. 28, AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. //// IIII R:\HARRINGK\AGREEMNT\Grace Building Maint RR 01-02.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT BY: Jeffrey E. Stone, President Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Grace Building Maintenance Company By: Name: Title: By: Name: Title: (Two Signatures Required for Corporations) R:\HARR[NGK\AGREEMNT\Grace Building Maint RR 01-02.doc CITY OF TEMECULA RESTROOM MAINTENANCE SPECIFICATIONS/SCOPE OF WORK EXHIBIT "A" SCOPE OF WORK Lock all facilities between 10:00 PM - 11:00 PM. Clean and stock all facilities between the hours of 10:00PM and 6:00AM. Record and submit daily maintenance activities, vandalism, and graffiti on Restroom Maintenance Checklist (Exhibit E} form to the City's Maintenance Supervisor or other designated person. Keep and provide records as required by City representative. Provide all necessary equipment, tools, chemicals, supplies, etc. necessary to perform specified work. Perform all activities in a safe manner per OSHA's requirements, utilizing all personal safety items required to prevent accidents, illness or injury to maintenance personnel. SPECIFICATIONS FOR CLEANING AND STOCKING FACILITY * City to provide replenishable paper products (toilet paper, can liners, seat covers, paper towels). Submit request for products weekly. * Sweep restrooms and remove litter from interior and exterior of building (this shall include a 6' walkway at restroom entrance). * Empty interior trash containers and replace liners (washout containers and clean receptacles). * Scrub and sanitize toilets and lavatories. * Wipe down all fixtures, removing water, dirt, stains and any other incongruous substance. ** Wash (hose out) floors. Squeegee excess water out of building and off of hardscape. Remove any paper or other trash accumulated from this procedure. ** Remove dirt, stains, or other debris on walls, ceilings, and light fixtures. * Stock all toilet paper, or other paper products. All dispensers to be filled daily. * Remove minor graffiti from building interior. Record on report form both graffiti removed, as well as graffiti that you were unable to remove. *** Wash floors and wails, using a pressure washer rated at a minimum of 2,200 psi. Use cleaning and disinfectant chemicals to remove odors. **** Picnic shelters at various parks as indicated in "Pricing Sheet" shall be cleaned Friday and Saturday nights. Concrete and picnic tables will be washed, trash removed, trash cans emptied at/or near shelter, and any signs or party streamers removed. FREQUENCY: * Items to be performed daily. ** Items to be performed Mondays and Fridays. *** Items to be performed monthly. .... Items to be performed Friday and Saturday nights. NOTE: The specifications are minimum requirements for the maintenance of City restroom facilities. The restrooms shall be maintained in a neat, clean, and sanitary condition on a daily basis. Some situations may require additional work to be performed to insure the health and safety of the public. No additional compensation will be given for such work. No unsafe condition shall be left without notification of City's authorized representative. 8 CITY OF TEMECULA PAYMENT RATES AND SCHEDULE PRICING SHEET EXHIBIT B DESCRIPTION ADDRESS PRICE PER PRICE PER MONTH YEAR RESTROOM MAINTENANCE Sam Hicks Monument Park 41970 Moreno Road $195.00 $2,340.00 6'" Street Parking Lot Restroom 41952 Sixth Street $195.00 $2,340.00 Pala Community Park 44900 Temecula Lane $195.00 $2,340.00 Rancho California Sports Park (Rancho Vista field) 30875 Rancho Vista Road $195.00 $2,340.00 Skate Park Restroom (At Rancho Catifornia Sports 42569 Margarita Road $195.00 $2,340.00 Park) North/South Restroom (At Rancho California Sports 42775 Margarita Road $195.00 $2,340.00 Park) Kent Hintergardt Memorial Park 31465 Via Cordoba $195.00 $2,340.00 Paloma Del Sol Park 32099 De Portola Road $195.00 $2,340.00 Butterfield Stage Park 33654 De Portola Road $195.00 $2,340.00 Temeku Hills Park (Playground restroom) 31367 La Serena $2,340.00 $195.00 Temeku Hills Park (Snack bar restroom) 31367 La Serena $195.00 $2,340.00 Temecula Duck Pond 28250 Ynez Road $195.00 $2,340.00 Winchester Creek Park 39950 Margarita Road $195.00 $2,340.00 Margarita Community Park 29119 Margarita Road $195.00 $2,340.00 Temecula Valley High School (Tennis courts) 31555 Rancho Vista Road $195.00 $2,340.00 SUBTOTAL $2,925.00 $35,100.00 GAZEBO/PICNIC SHELTER ADDRESS PRICE PER PRICE PER MAINTENANCE MONTH YEAR Sam Hicks Monument Park (1Shelter) 41970 Moreno Road $115.00 $1,380.00 Winchester Creek Park (2 Shelters) 39950 Margarita Road $115.00 $1,380.00 Rancho California Sports Park (1 Shelter) 41569 Margarita Road $115.00 $1,380.00 Pala Community Park (3 Shelters) 44900 Temecula Lane $115.00 $1,380.00 Margarita Community Park (2 Shelters) 29119 Margarita Road $115.00 $1,380.00 Temecula Duck Pond (1 Shelter) 28250 Rancho California $115.00 $1,380.00 Road Temeku Hills Park (1 Shelter) 31367 La Serena Way $115.00 $1,380.00 SUBTOTAL $806.00 $9,660.00 RESTROOM MAINTENANCE AND I GAZEBO/PICNIC SHELTER MAINTENANCE I GRAND TOTAL $3,730.00 $44,760.00 ADDITIONAL SERVICE ITEMS DESCRIPTION SCOPE OF WORK PRICE PER PRICE PER MONTH YEAR Maintain an additional park May be added to contract as new $195.00 $2,340.00 restroom, which will include both facilities are constructed. More then men and women areas, totaling one restroom building may be added approximately 500 s.f. to 900s.f. during contract term. Maintain per above Specifications/Scope of Work, Exhibit A above. DESCRIPTION SCOPE OF WORK PRICE PER HOUR Provide Supplemental Restroom Provide Staff to clean and stock $10.50 Maintenance Services for Special restroom facility (both men and women Events. restrooms) houdy per Exhibit "A" Daily Requirements. Provide General Janitorial Provide Specified General Janitorial Maintenance Services Maintenance Services 10 ITEM 4 APPROVAI~,~,~ CITY ATTORNEY /] ~'"'v/) FINANCE DIRECTOR ~_~ - CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors Herman D. Parker, Director of Community ServicerS, August14,2001 Amendment No. 1 to Agreement between the Temecula Community Services District (TSCD) and the Temecula Swim Club PREPARED BY: ~'~¢"'~ Phyllis L. Ruse, Deputy Director of COmmunity Services RECOMMENDATION: That the Board of Directors approve Amendment No. 1 to the Agreement with the Temecula Swim Club to include water polo training as an enhanced skill proficiency opportunity. BACKGROUND: In February 2000, the Board of Directors approved an agreement with the Temecula Swim Club (TSC) for the use of the Community Recreation Center (CRC) pool and the Temecula Elementary School (TES) pool. The agreement provides for the TSC to schedule, with TCSD approval, dates and hours for pool use on a seasonal basis. The TSC has successfully provided advanced swim skill instruction and swim competition training for youth in the community for several years. The program has grown and expanded and the TSC now desires to enhance its program by offering water polo skills training. The additional training will be offered during the TSC's currently scheduled pool use time and will not expand demands for pool time. The City's risk manager has reviewed the TSC request and has no concerns in allowin9 the addition of water polo skills training to the TSC's allowable uses at the CRC pool. The TES pool may not be used for water polo skills training because the pool is too shallow. The City Attorney and staff have reviewed the TSC's current insurance policy provisions and coverages and find that water polo training is a covered activity. The Swim Team will train its members in water polo techniques and condition its members for water polo play, but the team will not compete in water polo matches against other teams while using the CRC pool. Inclusion of water polo training will provide a positive benefit to youth in the community wishing to learn to play or enhance their skills in water polo. FISCAL IMPACT: The Temecula Swim Club pays a fee of $10 per hour for each hour of use of any pool scheduled through the District. The revenue generated from TSC pool use is estimated to be $6,500 annuallyand is budgeted in account 190-186-4974. R:\RUSEP\AGENDAS\Temecula Swim Club Amendment 1 8-14-01.doc FIRST AMENDMENT TO AGREEMENT BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE TEMECULA SWIM CLUB THIS FIRST AMENDMENT is made and effective as of August 14, 2001 by and between the Temecula Community Services District ("District") and the Temecula Swim Club, a California non-profit corporation ("Swim Club"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This First Amendment is made with respect the following facts and purposes which the parties agree to be true and correct: a. The Swim Team is a non-profit corporation devoted to providing competitive swimming training and competition for young people in Temecula. b. The Swim Team has been training competitive swimmers and competing in swim meets at the swimming pool at the Temecula Community Recreation Center pool pursuant to the "Agreement Between the Temecula Community Services District and the Temecula Swim Club" dated as of February 22, 2000 ("Agreement"), which Agreement is in full fome and effect. c. The Swim Team now wishes to expand its operations to include training for water polo. The Swim Team will train its members in water polo techniques and condition its members for water polo play, but the team will not compete in water polo matches against other teams. d. The Swim Team and the District now wish to modify the Agreement to accommodate the Swim Team's desire to provide water polo training. 2. Section 1 of the Agreement is amended to read as follows: "1. The District hereby grants permission to the Swim Club to use the Temecula Community Recreation Center Swimming Pool, hereafter referred to as the "Swimming Pool" located at 30875 Rancho Road, Temecula, California pursuant to the terms of this Agreement. a. The Swim Club may use the Swimming Pool from the first week in January through November of each year, at the times and under the terms set forth in this Agreement. The Swim Club may use the Swimming Pool for: (1) Training its members for swimming competitions; (2) competing in swim meets with other swim clubs; (3) special events related to the Swim Team, such as swim meets and pool parties, subject to June 30, 2001 659721.1 the approval of the District pursuant to Section 6 of this Agreement; and (4) training its members in water polo techniques and conditioning its members for water polo play, provided, however, the Swim Team shall not compete in water polo matches against other teams. The Swim Team agrees that it will only engage in those activities for which it has insurance coverage under the insurance policies approved by the District pursuant to Section 16 of this Agreement. Upon the respective dates when the District is able to utilize the pool at Temeeula Elementary School, the term "Swimming Pool" shall include the pool at Temecula Elementary School and the Swim Club shall have the right to use the School swimming pool at such times and for such purposes as approved in writing by the Temecula Valley Unified School District. The Swim Club's use of the Temecula Elementary School pool shall also be subject to the terms of the Joint Facilities Use Agreements between the District and the Temecula Valley Unified School District." IIII IIII Section 5 of the Agreement is amended to read as follows: "5. The Swim Club shall provide certified lifeguard services at all times during swim practices, swim meets, water polo training, and special events. The lifeguard(s) shall meet all of the requirements and standards of the American Red Cross or the American Heart Association for lifeguards and cardio-pulmonary reeessitation." Except as specifically provided in this First Amendment, all terms and conditions of the Agreement shall remain in full fome and effect. June 30, 2001 659721.1 IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed on the day and year first written above. CITY OF TEMECULA Jeff Comerchero Mayor Attest: Susan Jones, CMC City Clerk Approved As to Form: Peter M. Thorson City Attomey June 30, 2001 659721.1 TEMECULA SWIM CLUB, a California non- profit corpor~ioi By: ~, I (Signatures of two corporate officers required for corporations) June 30, 2001 659721.1 ITEM 5 APPROVAL CITY ATTORNEY FINANCE DIRECTOR_~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors Herman D. Parker, Director of Community ServicerS, August14,2001 Amendment No. 1 to Consultant Services Agreement for the Children's Museum Exhibit Design and Installation PREPARED BY: Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the Board of Directors: 1. Approve Amendment No. I to the consultant services agreement with Sparks Exhibits and Environments in the amount of $320,000 for the design, fabrication, and installation of exhibits and tenant improvement drawings for the Children's Museum Improvement Project. 2. Approve a 10% contingency in the amount of $32,000. BACKGROUND: On December 12, 2000, the Board of Directors approved a consultant services agreement with Sparks Exhibits and Environments (Sparks) for the design, fabrication and installation of exhibits and the preparation of tenant improvement drawings for the new Imagination Workshop, the Temecula Children's Museum. Sparks has been working with staff and the project design committee to develop the interior and exterior conceptuals, a name for the facility and a logo. Through the FY 2001/02 Capital Improvement Program process, the City Council appropriated additional funds for this project in order to fulfill the vision for the Children's Museum. Amendment No. 1 will provide an engaging, innovative and interesting environment that will make this facility a "one of a kind" experience for children and families. Sparks and the design committee have developed an overall facility theme that will create the Imagination Workshop into a distinctive and intriguing space. The exhibits will be cohesive and inter-related, carrying the theme throughout, while enhancing the overall impact on children and families visiting the facility and making their trip to the Imagination Workshop a unique encounter. FISCAL IMPACT: Cost of the original consultant services agreement was $550,000 plus a 10% contingency, for a total of $605,000. Amendment No. 1 to the consultant services agreement is $320,000, plus a 10% contingency of $32,000 for a total amendment amount of $352,000 and a total contract value of $957,000. This project is budgeted in the FY 2001/02 Capital Improvement Program and sufficient funds are available in account numbers 210-190-165-5804. R:\RUSEP~AGENDAS\sparks amendment nc.l-bcd.doc AMENDMENT NO. 1 CONTRACT ORDER NO. 27999 Children's Museum Improvement Proiect August 14, 2001 The Agreement dated December 12, 2000 between the Temecula Community Services District and Sparks Exhibits and Environments, (hereinafter referred to as "Agreement") is hereby amended as follows: Section 1 Scope of Work is hereby amended to include services as described in Exhibit "A" attached hereto. Compensation for these additional services is a not to exceed $320,000 to be paid in accordance with the Agreement. Total agreement compensation, including this amendment, not to exceed $870,000 plus a 10% contingency of $87,000 as approved in accordance with the agreement. Section 2 All other terms and conditions of the Agreement shall remain the same. The parties hereto have executed this Amendment on the date and ~ear above written. CONSULANT CITY OF TEMECULA By: Name: Title: Jeffrey E. Stone, President Attest: By:. Name: Title: (Signatures of two corporate officers required for Corporations) Susan W. Jones, CMC, City Clerk Approved as to Form: Peter M. Thorson, City Attorney R:\RUSEP\CONTRACT~children's museum - amd 1- sparks.doc EXHIBIT "A ~ Temecull, Dated: 08/08/2001, Page 1 of 2 Phase Two SHOW SET DESIGN TEMECULA REVISED SCOPE Detailed Program of Exhibits, Attractions, Gags, Story Boards, Elevation Sketches, Logo Floor Plan: Secondary Circulation (secret passages) Detailed Room Design: Secondary Interactive Exhibits Kinetic Props & Dressing Static Prop & Dressing Overall Sketch of Each Room Theme Characteristics: Floor, Walls, Ceilings, Details, Lighting Advanced Story Line Overlay: Secret Codes, Clues, Puzzles, Progressive Instructions and Primary Signals Set Drawings: Room Design Complete Cross sections Room Elevations Reflected Ceiling Plan Accessibitity plan Exiting/Room Capacity Plan Room Finish Schedule Color Key Plan Interior Design Exhibit Detail Phase Graphic and Signage Package Theme Graphics, Exhibit, Graphic Standards Character and Theme Lighting Backgrounds Advanced Story Line Graphics Set Drawings complete SHOW TECHNICAL DESIGN: Compressed Air Floor Plan Show Sound Special Effects Show Controls $15,000 $15,000 ARCHITECTURE & ENGINEERING: Building Shell Facility Design Site Plan Floor Plan Rool Plan Reflected Ceiling Plan Exterior Improvement Details Intedor Improvement Plans Restrooms, Storage, Offices Sheet Specifications Structural Sheet Design & Details Plumbing Design Electrical Design HVAC Design Life / Safety Design Fire Sprinklers / Exiting Plan Check Review & Coordination Construction Administration (Hourly) Design Phase Complete Shop Drawings: Shop Drawings (Construction} Field Art Direction presentation and coordination with Steering Committee Fabdcation: Installation: Construction of Exhibit Prop Purchase Shop Setup - Room by Room Takedown and Packaging Shipping to Site Fabrication Phase 25% Complete Fabrication Phsse 50% Complete Fabrication Phase 75% Complete Fabrication Phase 100% Complete Tax installation Labor & Materials Installation Supervision Equipment Punchlist Installation Phase 50% Complete Installation Phase 100% Complete Temecull, Dated: 08/08/2001, Page 2 of 2 $23,100 $46,873 $46,873 $46,873 $46,873 $23,016 Phase Two Total: Design $53,100 $28,197 $28,197 Fabrication / Installation $266,900 TOTAL $320,O00 ] ] ] ] ] ] ] REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY JULY t0, 2001 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:42 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Naggar, Pratt, Stone, Roberts ABSENT: 0 AGENCY MEMBER: None Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of June 12, 2001; MOTION: Agency Member Naggar moved to approve Consent Calendar Item No. 1. The motion was seconded by Agency Member Comerchero and voice vote reflected unanimous approval. DEPARTMENTAL REPORT No additional input. EXECUTIVE DIRECTOR'S REPORT No comment. AGENCY MEMBERS' REPORTS No comments. R:\Minutes.rda\071001 1 ADJOURNMENT At 7:43 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, July 24, 2001, in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Ron Roberts, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:\Minutes.rda\071001 2 ITEM 2 APPROVAL CITY ATTORNEY DIRECTOR OF FINA~C.,,E CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: DATE: SUBJECT: Executive Director/Redevelopment Agency Members John Meyer, Redevelopment Director August 14, 2001 Sub-Lease of Agency Property - 27500 Jefferson Avenue RECOMMENDATION: That the Temecula Redevelopment Agency Board approve a sublease between the Norm Reeves Group and San Bernardino Mitsubishi as outlined in the attached letter. BACKGROUND: On March 27, 2001, the Agency Board approved a two-year lease with the Norm Reeves Group for the Agency Property located at 27500 Jefferson. Per the terms of the lease agreement, the Norm Reeves Group must receive Agency approval prior to entering into a sublease arrangement. The lease further provides that the City may not unreasonably withhold approval of such a sublease. The Norm Reeves group had intended to open a dealership of its own and has invested over $120,000 upgrading this property. They have also paid rent at the rate of $15,000 per month since April 1, 2001, while these renovations were underway. They have now decided to accommodate that dealership within its Ynez Road location. This provided the opportunity to sublease to San Bernardino Mitsubishi who is interested in establishing a dealership in Temecula. The Mitsubishi lease will cover the investment into the property by the Reeves Group. The sublease with Mitsubishi will end in March 2003, consistent with the master lease with the Agency. The sublease is at the rate of $20,000 per month, which will allow Reeves to recover a portion of their investment costs. The proposed use of the property is consistent with the provisions of the lease. Staff, therefore, recommends approval of the sublease. FISCAL IMPACT: Approval of this sublease has no fiscal impact to the Agency. Staff estimates the annual addition of the two auto dealerships will generate $300,000 sales tax. ATTACHMENTS: Letter from Dick Kennedy www. normreeves-sg-temecula.com NORM REEVES TEMECULA nrsupergroup@msn.com July 26, 2001 James B. O'Grady Assistant City Manager CITY OF TEMECULA Post Office Box 9033 Temecula, California 92590 RECEIVED JUL 3 0 2001 CITY MANAGER's -- OFFI_CE Re: 27500 Jefferson Street, Temecula Dear Jim: This letter will serve as our formal request to the City of Temecula to sublease the property located at 27500 Jefferson Street, Temecula, to Mike Graeber of San Bernardino Mitsubishi. The sublease will commence on August 10, 2001, and end on March 31, 2003, the stipulated expiration date in the master lease. We understand the Council will consider this request at your August 14, 2001 meeting. We are providing Mr. Graeber access to the facility on August 10, 2001 to prepare for sales operations as soon as the official City approval is received. Both parties understand that the sublease is subject to City approval. Thank you in advance for your consideration in this matter. Very truly yours, DICK KENNEDY~~ Vice President DK/sas 26755 Ynez Road · Temecula, CA 92591-4686 · (909) 676-0010 ITEM 3 APPROVAL CITY ATTORNEY j ~ . DIRECTOR OF FINANCA~' ~ CITY MANAGER /~,~ ~/') REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: Executive Director/Redevelopment Agency Members John Meyer, Housing and Redevelopment Manager August 14, 2001 Acquisition of Real Property for Low and Moderate Income Housing Purposes Prepared by: Don Hillberg, Management Analyst RECOMMENDATION: That the Agency Board approve the expenditure of $130,000 from the Housing Fund for the purchase of property and necessary closing and acquisition expenses. BACKGROUND: The property owner purchased the property in January 1997 and received a $20,552.00 supplemental loan from the Agency under the Agency's First Time Homebuyer Program. The Agency loan is secured by a second deed of trust on the property, which is subordinate to the primary loan on the property. In April 1999, the Agency received a Notice of Default from the primary lender. The deficiency was paid and the primary loan was reinstated. In January 2000, the Agency received another Notice of Default from the primary lender. On March 29, 2000 the property owner filed for bankruptcy. The primary lender has removed the property from bankruptcy and noticed the proper~y for public auction on August 24, 2001. To protect the First Time Homebuyer funds, the Agency needs to bid the primary and subordinate loan balances at the public auction. If the Agency is the winning bid, the Agency will then sell the property at its fair market value and should be able to recoup the outstanding balance of the primary loan and Agency loan and the Agency's costs of acquiring and selling the property. The estimated value exceeds the balance of the primary loan and the Agency's loan. In the event an acceptable sale cannot be quickly closed, the Agency could rent the property to Iow and moderate income pending an acceptable sale. If the Agency were not the winning bid, our interest would be protected because there would be sufficient proceeds from the sale to repay our loan. The Agency has had one other First Time Homebuyer delinquency where the property was acquired and subsequently sold and all monies recovered. FISCAL IMPACT: Adequate funds are available in the Agency's housing fund to pay for the purchase of the property. ATTACHMENT: Notice of Trustee's Sale R:~'lillbedVKeat in g\Sale Acquisition 1 ·. Recording Retludsted By: LANDSAFE 'flTLE When Recorded Mail To: LONE, STAR MORTGAGEE SERVICES, L.L.( 15000 SURVEYOR BOULEVARD, SUI'I'If 250 ADDISON, TEXAS 75001 (800)795-5041 TS No.: 20009073500042 Loan No.: 1506203807 FHA/VA/MI No.: 046-9944505 Space above rials line for Recorflcr'$ use only NOTICE OF TRUSTEE'S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST. DATED 0i/02/1997 UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On 08/24/2001 at 10:00AM LONESTAR MORTGAGEE SERVICES, L.L.C. appointed Trustee under and pursuant to Deed of Trust recorded 01/10/1997 , as Instrument No. in book , page , of Official Records in the office of the County Recorder of RIVERSIDE County, State of California. Executed by MARY K KEATENG, A SINGLE WOMAN · as duly 009643 WILL SELL AT PUBLIC AUCTION TO HIGHEST BIDDER FOR CASH, CASHIER'S CHECK/CASH EQUIVALENT or other form of payment authorized by 2924h(b). (payable at time of sale in lawful money of the United States) AT THE MAIN STREET EN'I3L~NCE TO THE COUNTY COURTHOUSE, 4050 MAIN STREET, RIVERSIDE, CA All right, title and interest conveyed to and now held by it under said Deed of Trust in the property situated in said County and State described as: AS MORE FULLY DESCRIBED IN THE ABOVE MENTIONED DEED OF TRUST APN# 911-214-018-7 The street address and other common designation, if any, of the real property described above is purported to be: 27035 RAINBOW CREEK DRIVE TEMECULA CALl. FORA'IA 92591 The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. Said sale will be made, but without covenant or warranty, expressed or implied, regarding tide, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by said Deed of Trust, with interest thereon, as provided in said note(s), advances, if any, under the terms of said Deed of Trust, fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust. The total amount of the unpaid balance of the obligation secured by the property to be sold and reasonable estimated costs, expenses and advances at the time of the initial publication of the Notice of Sale is: $97,488.34 The beneficiary under said Deed of Trust heretofore executed and delivered to the undersigned a written Declaration of Default and Demand for Sale, and a written Notice of Default and Election to Sell. The undersigned caused said Notice of Default and Election to Sell to be recorded in the county where the real property is located. First American Lenders Advantage LoneStar Mortgagee Services, L.L.C. 3 First/~erican Way /5 Sant~Ana,\CA 92707 . // . Date: 07/26/2001 LONESTAR MORTGAGEE SERVICES.I I L.L.C. ISA DEST COLLECTORI IAi-it,MI~TLNG TO COLLECT A DEBT.] I ANY LNFORMATION OBTAINED WILLI I BE USED FOR THAT PURPOSE. ITEM 4 APPROVAL CITY A'I-rORNEY FINANCE OFFICER CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: DATE: SUBJECT: Executive Director/Redevelopment Agency Members John Meyer, Redevelopment Director August 14, 2001 Proposed First Time Homebuyer Amendment RECOMMENDATION: That the Temecula Redevelopment Agency Board: Amend First Time Homebuyer Program to allow qualifying income to be based on 120% of Median Income. DISCUSSION: The purpose of the First-Time Homebuyer Program is to provide down- payment assistance in order to increase the opportunity for home ownership. The program has been in place since 1996 and has assisted 59 households. To be eligible for the program, participants may not have a household income that exceeds 100% of the median inc°me f°r Riverside C°unty' The program provides up to $24,000 in down payment assistance. No interest or payments accrues in the first five years, and then the loan is fully amortized in years 6-20. Participation in the program has dropped off in recent years. Only seven applications were funded in the last two years as compared to 36 in the first two years. Staff believes this is a result of homes prices accelerating faster than the Riverside County median income. To offset this staff is recommending increasing the maximum income from 100% to 120% of median income. The following is a comparison between a family of four earning 100% and 120% of median income: Family Size Maximum Income Sales Price of Home 100% 4 $49,900 $147,000 120% 4 $59,900 $179,000 Based on a review of the Multiple Listing Service by a local realtor, there are approximately 8 condominiums and 1 single family home available to a household earning 100% and there would be an additional 8 single family homes available if the income was raised to 120%. FISCAL IMPACT: Amending the income limitations of the First-Time Home Buyer will not affect the amount of assistance provided by the Agency. There is $200,000 included in the current budget for this program. The lease-to-own program requires no assistance by the Agency. ATTACHMENT: Proposed Amendment to First Time Homebuyer Program R:',Housing2001 ~ousing amendment,doc CITY OF TEMECULA REDEVELOPMENT AGENCY FIRST TIME BUYER PROGRAM Revised 8/14/01 The City of Temecula FTHB Program is designed to provide loan assistance to lower income persons in the purchase of their first home. Assistance may be provided for a portion of the down payment and/or closing costs associated with the purchase of a home. The amount of assistance available depends upon the buyer's qualifications and the price of the home. The maximum amount of assistance is twenty percent (20%) of the purchase price plus closing costs, up to a total loan amount of $24,000. Loan Terms: This is a 30-year second mortgage loan at 5% interest. The loan is deferred for the first 5 years, then fully amortized in years 6-30. If the borrower transfers title, ceases to occupy the property as his or her principal residence, or refinances with cash taken out, the loan becomes due and payable. To qualify as a first time homebuyer: The purchaser cannot have owned a home for the previous three years from the date of application. The purchaser must sign a sworn application attesting that they have not owned a home. In addition, the last three years tax returns will be reviewed to ascertain that no mortgage interest or real estate tax deductions have been claimed. For the purposes of determining home ownership, a dwelling unit that was not permanently affixed to a permanent foundation (i.e., a mobile home) shall not be included in the three-year requirement. ~ncomes: In order to be eligible for this program, the buyer's annual income shall not exceed 120% of the area median income, as determined by HUD, adjusted for family size. Income limits are adjusted annually and are as follows: Max. Income $41,950 $47,900 $53,900 $59,900 $64,700 $69,500 $74,300 $79,050 Other buyer requirements: The buyer must have sufficient income and creditworthiness to qualify for a first mortgage through one of the Participating Lenders. In addition, the buyer must provide a minimum of three percent (3%) of the purchase price as a down payment from their own funds and must accept the highest loan-to-value ratio first loan for which they qualify. .Maximu~ The purchase price of the home is limited only by the applicant's ability to qualify for financing. The purchase price shall not exceed the fair market value indicated by a property appraisal. Eli ible ro erties: The FTHB program may be used to purchase any new or resale home that is: (1) in the City limits; (2) permanently fixed to a permanent foundation; (3) has a minimum of two bedrooms; and, (4) is currently occupied by the Seller or vacant (tenant-occupied homes are not eligible.) The purchaser must reside in the home as his or her principal residence within sixty (60) days of purchase. The home must be in sound condition and meet both Housing Quality Standards as determined by the RDA and applicable Building and Safety standards; it must also be suitable for occupancy upon purchase. Furthermore, the borrower shall agree to maintain the home in good condition for the term of the RDA assistance. The purchaser shall be required to obtain a one-year home warranty as part of the home purchase. For more information, contact: The Redevelopment Agency (909) 694-6412 ITEM 5 APPROVAL CITY ATTORNEY FINANCE DIRECTO.~.,~ CITY MANAGER~ TEMECULAREDEVELOPMENTAGENCY AGENDA REPORT TO: FROM: DATE: SUBJECT: Executive Director/Redevelopment Agency Members John Meyer, Redevelopment Director August 14, 2001 Temecula Redevelopment Agency Housing Update RECOMMENDATION: That the Temecula Redevelopment Agency Board: Receive and File Housing Update, DISCUSSION: The Temecula Redevelopment Agency has been engaged in the development, rehabilitation and preservation of affordable housing since 1995. The following is an update on the projects and programs established by the Agency. PROJECTS Two major projects have been undertaken by the Agency. They are Rancho West and Mission Village, both located within the Pujol Neighborhood. Rancho West is a 150-unit apartment complex owned and operated by the Coachella Valley Housing Coalition. All of the units are reserved as affordable units for a 30-year period. Mission Village is a 76-unit apartment complex owned and operated by Affirmed Housing on a 55-year ground lease. One hundred percent of the units are reserved as affordable for a 55-year period. In addition to the existing projects, the Agency has acquired over 5 acres of land within the Pujol Neighborhood to develop an additional 75 -100 affordable housing units. The Agency has budgeted approximately $2.5 million to assist in the development of these properties. The Agency has also budgeted $2 million for the creation of senior affordable housing in or around Old Town. RIVERSIDE COUNTY ANNUAL INCOME LIMITS (2001) Family Size 1 2 3 4 5 6 7 8 Moderate 41,950 47,900 53,900 59,900 64,700 69,500 74,300 79,050 Income Median 34,900 39,900 44,900 49,900 53,900 57,900 61,900 65,900 Income R:',Housing2001'~RDA Housing Update.doc PROGRAMS Residential Improvement Program The purpose of the Residential improvement Program is to provide assistance in exterior improvements to residences. The program has been in place since 1996 and has assisted 175 households. To be eligible for the program, participants may not have a household income that exceeds 100% of the median income for Riverside County. The program provides a maximum $5,000 loan to provide exterior improvements to the homes, Participants typically use the assistance to repaint, repair or replace roofs, garage doors and/or fences. There is no payment collected and the loan is forgiven after five years. If the participant sells the house within five years, the loan is repaid with interest (5%). Rancho Creek Apartments on Felix Valdez has participated in the Multi-Family Residential Improvement Program. The 30-unit apartment complex was given an Agency loan of $67,000. The money was used to repaint the facility, landscape the grounds and install a tot-lot. The loan has recently been paid off. First-Time Homebuyer Program The purpose of the First-Time Homebuyer Program is to provide down-payment assistance in order to increase the opportunity for home ownership. The program has been in place since 1996 and has assisted 59 households. To be eligible for the program, participants may not have a household income that exceeds 100% of the median income for Riverside County. The program provides up to $24,000 in down payment assistance. No interest or payments accrues in the first five years, and then the loan is fully amortized in years 6-20. Participation in the program has dropped off in recent years. Only seven applications were funded in the last two years as compared to 36 in the first two years. Staff believes this is a result of homes prices accelerating faster than the Riverside County median income. To offset this staff is recommending increasing the maximum income from 100% to 120% of median income. The following is a comparison between a family of four earning 100% and 120% of median income: Family Size Maximum Income Sales Price of Home 100% 4 $49,900 $147,000 120% 4 $59,900 $179,000 Based on a review of the Multiple Listing Service by a local realtor, there are approximately 8 condominiums and 1 single family home available to a household earning 100% and there would be an additional 8 single family homes available if the income was raised to 120%. In a separate report, the Agency will be considering the income limitations to 120% for the First- Time Home Buyer Program. Employee Relocation Program The Employee Relocation Program is offered as an economic development incentive to businesses relocating to or expanding within the City of Temecula. This program is nearly identical to the First Time Homebuyer Program; however, it does allow a participant to have previously owned a home. This program already uses 120% of median income as the qualifying income. This program has been in place since 1999 and no applications have been funded. R:\Housing2001\RDA Housing Update.doc Lease-to-Own Program The Riverside-San Bernardino Housing and Finance Agency (RSBHFA) has requested permission to offer its lease-to-own program within Temecula. The RSHFA is a Joint Powers Authority under California state law selling tax-exempt bonds to raise the necessary capital to fund their program. The bonds are insured, bringing an AAA bond credit rating. More than 80 California cities and counties have participated with similar JPA agreements throughout the state. By participating in this program, the City of Temecula would incur no debt, no financial risk, and no responsibility for management of the program. Participating families get pre-qualified by a program lender using FHA or Freddie Mac lending guidelines and would select a home of their choice for purchase. The RSBHFA purchases the home on behalf of the family. The family in turn leases the home from RSBHFA for 39 months. At the end of the lease period, the family assumes the existing mortgage for the remaining 26 years, 9 months. This program does not use affordable housing dollars and therefore, participating families can earn up to 140% of the state medium income ($81,000 for a family of four) and can borrow up to the Freddie Mac limit of $275,000. In a separate report, the Agency will be considering participation in this program. FISCAL IMPACT: None. R:~Housing20Ol'~RDA Housing Update,doc ITEM 6 APPROVAL ClTY ATTORNEY FINANCE OFFICER ClTY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: DATE: SUBJECT: Executive DirectodRedevelopment Agency Members John Meyer, Redevelopment Director August 14, 2001 Resolution by the Temecula Redevelopment Agency approving the participation by the City of Temecula with the Riverside-San Bemardino Housing and Finance Agency (RSHFA), a Joint Powers Authority (JPA), Least-to-Own Home Purchase Program. RECOMMENDATION: entitled: That the Temecula Redevelopment Agency Board adopt a Resolution RESOLUTION NO. RDA NO. 01- A RESOLUTION OF THE CITY OF TEMECULA REDEVELOPMENT AGENCY BOARD APPROVING PARTICIPATION BY THE CITY OF TEMECULA WITH THE RIVERSIDE-SAN BERNARDINO HOUSING AND FINANCE AGENCY (RSHFA), A JOINT POWERS AUTHORITY (JPA), LEASE-TO-OWN HOME PURCHASE PROGRAM DISCUSSION: The Riverside-San Bernardino Housing and Finance Agency (RSBHFA) has requested permission to offer its lease-to-own program within Temecula. The RSHFA is a Joint Powers Authority under California state law selling tax-exempt bonds to raise the necessary capital to fund their program. The bonds are insured, bringing an AAA bond credit rating. More than 80 California cities and counties have participated with similar JPA agreements throughout the state. By participating in this program, the City of Temecula would incur no debt, no financial risk, and no responsibility for management of the program. Participating families get pre-qualified by a program lender using FHA or Freddie Mac lending guidelines and would select a home of their choice for purchase. The RSBHFA purchases the R:V-Iousing2001~Housingfthbreso.doc home on behalf of the family. The family in turn leases the home from RSBHFA for 39 months. At the end of the lease period, the family assumes the existing mortgage for the remaining 26 years, 9 months. This program does not use affordable housing dollars and therefore, participating families can earn up to 140% of the state medium income ($81,000 for a family of four) and can borrow up to the Freddie Mac limit of $275,000, FISCAL IMPACT: None. ATTACHMENT: Resolution No. RDA 01-__. R:~Housing200 l'~-Iousingflh breso.doc RESOLUTION NO. 200~1- A RESOLUTION OF THE CITY OF TEMECULA REDEVELOPMENT AGENCY BOARD APPROVING PARTICIPATION BY THE CITY OF TEMECULA WITH THE RIVERSIDE-SAN BERNARDINO HOUSING AND FINANCE AGENCY (RSBHFA), A JOINT POWERS AUTHORITY (JPA), LEASE-TO-OWN HOME PURCHASE PROGRAM. THE CITY OF TEMECULA REDEVELOPMENT AGENCY DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION t. The Agency is responsible for the creation, preservation, and rehabilitation of affordable housing within the community. SECTION 2. The Agency recognizes the RSBHFA's Lease-to-Own Program as a valuable tool to increase the opportunity for home ownership within the City of Temecula. SECTION 3. The Agency acknowledges that by participating in the Lease-to-Own Program it is not a member of the JPA, nor are we obligated to any bonds or any debt the RSBHFA may issues in relation to this program. SECTION 4. The Agency further acknowledges that by participating in the Lease-to- Own Program it is does not have any operating or financial obligations for this program. SECTION 5. The City Clerk shall certify to the passage and adoption of this Resolution. R:~Housing2001~RDA Housing Update.doc PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Redevelopment Agency this 14 day of August, 2001. Ron Roberts, Chairperson ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE )ss CiTY OF TEMECULA ) I, Susan W. Jones, CMC, Secretary of the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. RDA 2001- __ was duly and regularly adopted by the Board of Directors of the Temecula Redevelopment Agency at a regular meeting thereof held on the 14 day of August, 2001, by the following vote: AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Redevelopment Agency this 14 day of August, 2001. Ron Roberts, Chairperson ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:'~Housing2001~RDA Housing Update.doc ITEM 17 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Deputy City Manager' August14,2001 Harveston Specific Plan and Related Applications Prepared by: Patty Anders, Project Planner RECOMMENDATION: The Planning Commission recommends that the City Council: 1. ADOPT a resolution entitled: RESOLUTION NO. 01 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE HARVESTON SPECIFIC PLAN AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE HARVESTON SPECIFIC PLAN, LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMITS (PLANNING APPLICATION 00-0189). 2. ADOPT a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 99-0419 (GENERAL PLAN AMENDMENT) FOR THE HARVESTON SPECIFIC PLAN AREA AND THE TWO EXCLUDED PARCELS WITHIN THE SPECIFIC PLAN ON PARCELS TOTALING 550 ACRES LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT. R:'ff'LANNING~S P~larveston Sl~City CouncihSTAFFRPT 8-14-01.doc ADOPT a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING SPECIFIC PLAN NO. 13 (PLANNING APPLICATION NO. 99-0418) ON PARCELS TOTALING 550 ACRES LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT READ by title only and introduce an ordinance entitled: ORDINANCE NO. 01- __ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ZONE CHANGE, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA, AMENDING SECTION 17.16.070 OF THE TEMECULA MUNICIPAL CODE, AND ADOPTING ZONING STANDARDS FOR THE HARVESTON SPECIFIC PLAN NO. 13 ON PARCELS TOTALING 550 ACRES LOCATED ADJACENT TO INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT (PLANNING APPLICATION 99-0245) READ by title only and introduce an ordinance entitled: ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND LENNAR COMMUNITIES AND WINCHESTER HILLS I LLC" FOR THE HARVESTON SPECIFIC PLAN AREA (PLANNING APPLICATION NO. 99-0446) R:\S P~Harveston SP~City CounciI\STAFFRPT 8-14-01.doc 2 ADOPT a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 00-0295 - TENTATIVE TRACT MAP NO. 29639, THE SUBDIVISION OF APPROXIMATELY 550 ACRES INTO 91 LOTS WHICH CONFORM TO THE PLANNING AREAS, OPEN SPACE AREAS, SCHOOL AND PARK SITES OF THE HARVESTON SPECIFIC PLAN LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 910-261-001,910-261-002, 910-110-013, 910-110-015, 910-110-020, 910-110-021,910-110-027,910- 110-076, 910-100-007, 910-100-008, 910-060-009, 910-120-008, 911-630- 001, 911-630-002, 911-630-003, 911-640-001,911-640-002, 911-180-002, 911-180-003, 911-180-004, 911-180-008, 911-180-009, 911-180-015, 911 - 180-023 AND 911-180-028. ADOPT a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01-0030 - TENTATIVE TRACT MAP NO. 29928, THE SUBDIVISION OF APPROXIMATELY 40 ACRES INTO 140 RESIDENTIAL LOTS AND 21 OPEN SPACE LOTS IN PLANNING AREA 7 OF THE HARVESTON SPECIFIC PLAN; LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 911- 180-003, 911-180-004, 911-640-001 AND 911-630-003. ADOPT a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01-0031 - TENTATIVE TRACT MAP NO. 29929, THE SUBDIVISION OF APPROXIMATELY 20 ACRES INTO 118 RESIDENTIAL LOTS AND 3 OPEN SPACE LOTS IN A PORTION OF PLANNING AREAS 3 AND 4 OF THE HARVESTON SPECIFIC PLAN; LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 910-261-001,910-261-002, 911-180-002, 911- 180-003, 911-180-004 AND 911-180-015. R:\S P~l-larveston SP~City CounciI\STAFFRPT 8-14-01.doc 3 ADOPT a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01-0032 - TENTATIVE TRACT MAP NO. 30088, THE SUBDIVISION OF APPROXIMATELY 9.18 ACRES INTO 38 RESIDENTIAL LOTS AND 8 OPEN SPACE LOTS IN A PORTION OF PLANNING AREA 4 OF THE HARVESTON SPECIFIC PLAN; LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARC EL NOS. 9'11-630-00'1, 9t 1-630-002 AND 911 -'180-0t 5. BACKGROUND This project was heard by the Planning Commission on June 20, 2001 and July 12, 2001. The project was presented to the City Council on July 24, 2001, at which time the Council continued the item to the August 14, 2001 hearing to allow the Council to review the Development Agreement and to provide staff an opportunity to respond to comments made by members of the public. All previous information submitted to the Council in the July 24, 2001 staff report and supplemental material is incorporated by reference herein and made a part of this report. The Planning Commission staff reports are contained in Attachment Nos. 11 and 12. Public Comments During the Public Testimony, seven people spoke in support of the projec~ and eight people spoke in opposition to the project. Penny Alexander-Kelley of Gresham, Savage, Nolan and Tilden spoke on behalf of Channel Commercial and expressed Channell's concerns regarding park access, land use compatibility and road alignment concerns. The City of Murrieta's Community Development Director and Councilmember spoke about concerns relative to the future interchange, the Transportation Uniform Mitigation Fee (TUMF) and adequacy of the EIR relative to the traffic analysis. City staff and the Council Subcommittee met with representatives of the City of Murrieta and Lennar Communities on July 31,2001. The meeting was positive and resulted in the following conceptual agreement. The Applicant agreed to pay any future TUMF fee on the commercial property as long as all other commercial properties within the region are also charged an equivalent TUMF fee. The applicant also agreed to pay the full cost for the intersection improvements within the City of Murrieta. City staff agreed to provide all future traffic studies to the City of Murrieta and to make a recommendation to the City Council that the City pledge half the sales tax revenue from this area toward the costs of the future interchange improvements. The current recommendation to the Council includes an addition to the Development Agreement and a modification to the resolution approving the Specific Plan to implement these measures. These concerns are more fully discussed in the memorandum contained in Attachment No. 22. At the previous meeting, representatives from Channell Commercial requested that additional conditions of approval be put on the Specific Plan to address their concerns. Staff and the City Attorney have reviewed their request, and are recommending that several conditions of approval be added to the Specific Plan. A copy of these additional conditions of approval are contained in Attachment No, 22. The final revised Deve, lopment Agreement is contained in Attachment No. 10. R:~S p~larveston SP\City CounciI\STAFFF, PT 8-14-0l.doc 4 Attachments: 1. City Council Resolution No. 01- Certifying the Environmental Impact Report and Mitigation Monitoring Program (Planning A-~plication No. 00-0189) for the Harveston Specific Plan - Blue Page 7 Exhibit A - Mitigation Monitoring Program 2. City Council Resolution No. 01 Approving the General Plan Amendment (Planning Application 99-0419)--Blue Page 8 Exhibit A - General Plan Land Use Map 3. City Council Resolution No. 01 Approving the Specific Plan (Planning Application 99- 0418)--Blue Page 9 Exhibit A - General Plan Consistency Analysis Exhibit B - Specific Plan 13 (On file in the Official Records of the City Clerk) Exhibit C--Conditions of Approval for Specific Plan 13 4. City Council Ordinance No. 01- Approving the Change of Zone, Amending the Official Zoning Map, a Development Code Amendment and adopting the Zoning Standards for the Harveston Specific Plan (Planning Application No. 99-0245)--Blue Page 10 Exhibit A - Specific Plan 13 (On file in the Official Records of the City Clerk) Exhibit B - Revised Zoning Map Exhibit C - Zoning Standards for Harveston Specific Plan 5. City Council Ordinance No. 01- Approving the Development Agreement (Planning Application 99-0446) with Lennar Communities--Blue Page 11 Exhibit A - Copy of Development Agreement (located in Attachment 10 of this Agenda Report) 6. City Council Resolution No. 01 - Approving Tentative Tract Map 29639---Blue Page 12 Exhibit A- Conditions of Approval for Tentative Tract Map 7. City Council Resolution No. 01 - Approving Tentative Tract Map 29928--Blue Page 13 Exhibit A - Conditions of Approval for Tentative Tract Map 29928 8. City Council Resolution No. 01 - Approving Tentative Tract Map 29929--Blue Page 14 Exhibit A - Conditions of Approval for Tentative Tract Map 29929 9. City Council Resolution No. 01 - Approving Tentative Tract Map 30088--Blue Page 15 Exhibit A - Conditions of Approval for Tentative Tract Map 30088 10. 11. 12. 13. 14. R:\S l~larveston SP~City CounciI\STAFFRPT 8-14-01.doc Development Agreement and Attachments--Blue Page 16 Planning Commission Staff Report dated June 20, 2001--Blue Page 17 Planning Commission Staff Report dated July 12, 2001--Blue Page 18 Modifications to the Draft Plan being Recommended by the Planning Commission--Blue Page 19 Proposed Land Use Plan for the Harveston Specific Plan --Blue Page 20 15. General Plan Land Use Acreage Comparisons and Corrected EIR Exhibit 12--Blue Page 21 16. Correspondence received by the Planning Commission --Blue Page 22 17. City Response Letter to Channell Commercial - Blue Page 23 18. Material and Letters concerning School Impact Mitigation-Blue Page 24 19. Materials and Letters concerning Lake Liability-Blue Page 25 20. Community Mobility Enhancement Plan - Blue Page 26 21. Supplemental Material handed out at the July 24, 2001 hearing - Blue Page 27 22. Memorandum from the City Attorney - Blue Page 28 R \S IAHarveston SP~City CounciI\STAFFRPT 8 14-01.doc 6 A'I-FACHMENT NO 1 DRAFT RESOLUTION CERTIFYING THE EIR AND APPROVING THE MITIGATION MONITORING PROGRAM R:\S lC~larveston SPeCify CounciI\STAFFRPT 8-14-01.doc 7 ATTACHMENT NO. I RESOLUTION NO. 01 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE HARVESTON SPECIFIC PLAN AND RELATED ACTIONS, AND ADOPTING THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE HARVESTON SPECIFIC PLAN, LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMITS (PLANNING APPLICATION 00-0189) Statement of Findings of Fact Pursuant to CEQA Guideline Section 15091 For the Harveston Specific Plan WHEREAS, the Harveston Specific Plan and related actions ("Specific Plan"), initiated and prepared on behalf of the City of Temecula. The Harveston Specific Plan proposes the development of a 549.5-acre planned community in the City of Temecula. The Project site is located adjacent to and east of Interstate 15 Freeway (I-15) in the City of Temecula, California, in southwest Riverside County, south of the City of Los Angeles and north of the City of San Diego. From the 1-15, direct access to the project site is provided by Winchester Road (Highway 79 North) and Ynez Road, both located near the southern boundary of the site, and Margarita Road, which runs along the eastern boundary of the site. Winchester Road runs near the southern edge of the project site and continues north adjacent to Chaparral High School. The proposed Specific Plan is divided into 12 planning areas in an effort to create a distinct cluster of future uses/activities and to identify potential time frames for individual project development to occur in a timely manner, within the overall Specific Plan concept. The Harveston Specific Plan proposes a maximum of 1,921 dwelling units (1,621 single family and 300 multi family rental units). The project will consist of 150.9 acres of Iow medium density residential (3-5 du/acre), 79.1 acres of medium 1 density residential (5-7 du/acre), 60.0 acres of medium 2 density residential (7-13 du/acre), and 16.8 acres of high-density residential (13-20 du/acre). Other components of the project include a 13-acre mixed-use zone overlaying area designated as village center, which allows uses such as retail, restaurant, office, daycare, worship, and private clubhouse; a 112.5-acre service commercial area; a 16.5-acre community park, a 12.0-acre elementary school; a 17.3-acre lake/lake park; a 1.8-acre village green; 60.2- acre of major streets and slopes, and two 1.3 and 2.5-acre excluded parcels (Specific Plan, p. 3-5 through 3-10). WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City is the lead agency for the Specific Plan as the public agency with both general governmental powers and the principle responsibility for implementing the Specific Plan; and, WHEREAS, a Notice of Preparation of a Draft Environmental Impact Report ("Draft EIR") was issued on April 1, 1999, inviting comments from responsible agencies, other regulatory agencies, organizations and individuals pursuant to State CEQA Guidelines section 15082; and, ! R:XPLANNING~S P'xHarveston SP\City Council'~RESO CC EIR Findings.doc WHEREAS, written statements were received by the City in response to the Notice of Preparation, which assisted the City in narrowing the issues and alternatives for analysis in the Draft EIR; and, WHEREAS, a Draft EIR was prepared by the City pursuant to State CEQA Guidelines section 15168 to analyze potential adverse environmental impacts of Specific Plan implementation pursuant to CEQA; and, WHEREAS, upon completion of the Draft EIR dated November 2, 2000, the City initiated a 45- day public comment period by filing a Notice of Completion with the State Office of Planning and Research in November 2, 2000; and, WHEREAS, the City also published a Notice of Availability for the Draft EIR in a newspaper of general circulation. Copies of the Draft EIR were sent to public agencies, organizations, and individuals. In addition, the City placed copies of the Draft EIR in public libraries in Riverside County and made copies available for review at City offices; and, WHEREAS, during and before the official public review period for the Draft EIR, the City received 14 written comments, all of which were responded to by the City. Those comments and the responses are included as part of the Final Environmental Impact Report/Response to Comments document ("Final EIR"); and, WHEREAS, on November 1, 2000, December 20, 2000, January 17, 2001, and January 31, 2001, Planning Commission workshops and on January 24, 2001 and January 27, 2001, Community Workshops were conducted to provide information about the Specific Plan; and, WHEREAS, pursuant to Public Resources Code section 21092.5, the City provided its responses to all commentors on February, 2001; and, WHEREAS, Section 15091 of the State CEQA Guidelines prevents the City from approving or carrying out a project for which an EIR has been completed that identifies any significant environmental effects unless the City makes one or more of the following written finding(s) for each of those significant effects accompanied by a brief explanation of the rationale for each finding: (1) Changes or alterations have been required in, or incorporated into. the project which avoid or substantially lessen the significant environmental effects as identified in the final EIR; or, (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency;or, (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR; and, 2 R:~S P~Iarveston SP~City Council'&,ESO CC EIR Findings.doc WHEREAS, Section 15093 of the State CEQA Guidelines requires that if the Specific Plan will cause significant unavoidable adverse impacts, the City must adopt a Statement of Overriding Considerations prior to approving the project. A Statement of Overriding Considerations states that any significant adverse project effects are acceptable if expected project benefits outweigh unavoidable adverse environmental impacts; and, WHEREAS, environmental impacts identified in the Final EIR which the Planning Commission finds are less than significant and do not require mitigation are described in Section 2 hereof; and, WHEREAS, environmental impacts identified in the Final EIR as potentially significant, but which the Planning Commission finds can be mitigated to a less than significant level through the imposition of mitigation measures and/or conditions identified in the Final EIR and Specific Plan and set forth herein are described in Section 3 hereof; and, WHEREAS, environmental impacts identified in the Final EIR as potentially significant but which the Planning Commission finds cannot be fully mitigated to a less than significant level despite the imposition of all feasible mitigation measures described in Section 4 hereof, and, WHEREAS, alternatives to the Specific Plan that might eliminate or reduce significant environmental impacts are described in Section 5; and, WHEREAS, a discussion of Specific Plan benefits identified by City staff and a Statement of Overriding Considerations for the environmental impacts that cannot be fully mitigated to a less than significant level are set forth in Section 6 hereof; and, WHEREAS, Public Resoumes Code section 21081.6 requires the City to prepare and adopt a mitigation monitoring and reporting program for any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures; and, WHEREAS, prior to taking action, the Planning Commission has heard, been presented with, reviewed and considered ail of the information and data in the administrative record including the Final EIR, and all oral and written testimony presented to it during meetings and hearings. The Final EIR reflects the independent judgment of the Planning Commission and is deemed adequate for purposes of making decisions on the merits of the Specific Plan and related actions. No comments or any additional information submitted to the City have produced any substantial new information requiring circulation or additional environmental review of the Final EIR under CEQA, nor do the minor modifications to the Final EiR require additional public review because no new significant environmental impacts were identified, no substantial increase in the severity of any environmental impacts would occur. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby determines the following: Section 1. Findings. The City Council of the City of Temecula determined that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, the environmental impacts associated with the Harveston Specific Plan will have a less than significant impact through the Initial Study: 3 R:',S P~Harveston SP~City Council~LESO CC EIR Findings.doc A. Agricultural Resources. According to the General Plan, the project site is considered farmland of local importance; however, it is not considered prime or unique farmland, or farmland of Statewide Importance pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency. The site currently is not zoned for agriculture use, is not under a Williamson Act Contract, nor is it located within an Agricultural Preserve. None of the surrounding properties support long-term productive agricultural activities (Initial Study, p. 5). B. Mineral Resources. No mineral resources are known to occur within the project boundaries (Initial Study, p. 10). C. Population/Housing/Employment. The buildout of the Harveston Specific Plan is accounted for in the General Plan and future growth scenarios for the City. However, there will be extensions of infrastructure associated with this project. The project will serve as an attractor for additional growth in the local area or region. Population The proposed project will provide a maximum of 1,921 new housing units in the City of Temecula. Based on the current population generation factor (Temecula Subdivision Ordinance) of 2.85 persons per single family unit and 2.43 persons per multi-family unit, the project is expected to generate a residential population of 5,349 new residents (Draft EIR, p. 5- 164). The proposed project is consistent with the regional population projections of the Southern California Association of Government (SCAG) and does not exceed the 6,205 persons forecasted by SCAG for the project, as set forth in the Regional Comprehensive Plan and Guide and the Subregional Comprehensive Plan prepared by the Western Riverside Council of Governments (WRCOG) (Final EIR, p. 2-20). According to the General Plan, at buildout, the area within the City limits will have39,658 dwelling units and a population of 112,254 persons. By providing 5,349 persons, the project will enable the City to provide housing to meet the needs of this expected population growth. Therefore, the level of population generation is consistent with the General Plan and is not considered significant. Housing The project will add 1,921 dwelling units to the City's existing housing stock. The project is consistent with the City's land use policies contained in the City of Temecula General Plan. The project proposes single family and multi-family units with a range of different densities, which will provide housing opportunities for a range of people. The provision of housing of this type is consistent with the City's objective to encourage the provision of adequate sites for housing (City of Temecula, 1994-1999 Housing Element, p. 4-42). In addition, the development of the housing units proposed in the project would help the City to achieve its 1998-2005 Regional Housing Needs Assessment (RHNA) number as determined by SCAG and WRCOG. The RHNA is a key tool for SCAG and WRCOG to plan for projected growth in the region. As specified by the RHNA, the City of Temecula has a projected housing need for 7,798 housing units during the 1998-2005 period 0NRCOG, July 23, 1999). Since the project is consistent with the Temecula General Plan City land use policies, impact will be less than significant (Final EIR, p. 2-20). 4 R:XS PkHarveston SP\City CouncilXRESO CC EIR Findings.doc Employment In a regional context, the Harveston site lies within the WRCOG Subregion, which is defined by SCAG to be housing-rich and jobs-poor (Regional Comprehensive Plan and Guide, SCAG, 1994). SCAG projects a jobs/housing ratio of 0.99 for the year 2015. The project is expected to create 1,400 jobs in the service commercial and neighborhood mixed uses (i.e., retail, restaurant, etc.) within the Mixed Use Village Center. Although the project will result in the development of residential units in an already housing-rich subregion, SCAG projects a housing-rich ratio for the subregion in 2015. Therefore, the project is is not in conflict with the SCAG projections. Additionally, SCAG's regional growth management policies are based on the adopted General Plan development projections. As discussed above, the Harveston project is consistent with the City of Temecula General Plan. Furthermore, according to the General Plan EIR, the jobs/housing balance is measured on a citywide basis rather than a project specific basis, and as a whole, Temecula's land use policy works toward achieving regional jobs/housing goals (City of Temecula General Plan EIR, p. 199). Implementation of the Specific Plan project would be growth-inducing in terms of a localized employment increase. However, the increase in local employment is a major goal of the City's General Plan (Draft EIR, p. 7-1). Section 2. Findings. The City Council of the City of Temecula determined that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, the environmental impacts associated with the Harveston Specific Plan will have a less than significant impact through the EIR and therefore do not require the imposition of mitigation measures: A. Land Use Compatibility. The 549.5-acre site currently consists of vacant land once used for cattle and sheep grazing. The proposed Harveston project site is surrounded by existing and proposed/approved developments (Draft EIR, p.5-3). The proposed project will result in the development of single family residential, multi family residential, service commercial, retail commemial, community park, lake, lake park, trails, and school site, which will establish new land use relationships with adjacent land uses. These uses proposed are consistent with the density and intensities of the City of Temecula General Plan Land Use Plan (Draft EIR, p.5-14). Due to the overall design of the proposed Harveston project, no significant impact, including on- and off-site land use relationships, were identified in this area (Draft EIR, p. 5-15 and 5-18). The proposed project will not result in conflicts or inconsistencies with the applicable goals and policies of the Land Use, Circulation, Housing, Open Space/Conservation, Growth Management/Public Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the City of Temecula General Plan. Additionally, no impacts to the City of Temecula Development Code are anticipated (Draft EIR, p. 5-19 through 5-23). The proposed project in conjunction with other past, present, and reasonably foreseeable future projects will incrementally contribute to the cumulative impact of development in the area. However, the proposed project is consistent with the City of Temecula General Plan, City Development Code and Subdivision Ordinance and Citywide design guidelines. Therefore, no significant cumulative land use consistency impacts are anticipated. (Draft EIR, p. 5-3). 5 R:~ l:~Harveston SP\City CouncilkRESO CC EIR Findings.doc B. Transportation and Circulation - Emergency Access and Parking Emergency Access The proposed project will improve local circulation (including emergency access) as well as access to nearby uses by providing needed roadway and intersection improvements. The cimulation portion of the Specific Plan will help provide adequate access for local residents and emergency vehicles. Parking The proposed public facilities (e.g., parks, schools) will provide adequate onsite parking, so no offsite parking should be impacted. The circulation portion of the Specific Plan will provide for adequate parking both in terms of numbers of spaces and location. There will be no construction parking on adjacent streets; therefore, offsite parking impacts would not be significant. C. Air Quality. Construction activities generate evaporative emissions of volatile organic compounds (VOC) from paints, solvents, asphalt, roofing tar and other coatings. Through compliance with SCAQMD regulations on paint volatility, and with the anticipated rate of project completion, ROGNOC emission impacts will be less than significant (Draft EIR, p. 5- 98). Through compliance with SCAQMD regulations on paint volatility, and with the anticipated rate of project completion, the project's incremental contribution to ROG / VOC emission impacts will be less than significant (Draft EIR, p. 5-103). D. Noise. The project noise impact study indicated that off-site noise impacts will be individually and cumulatively less than significant. Additionally, the noise impacts on the site from the French Valley Airport are considered to be less than significant (Draft EIR, p. 5-120). E. Biological Resources. 1. Potential Project Impacts to Biological Resources (General Impacts). Implementation of the proposed project would not remove or alter any significant natural or native vegetation formations on the property because they do not currently exist on site. The site contains no natural wetland habitat or other sensitive natural assemblages. No natural plant communities or natural populations of native species would be affected, directly or indirectly, by the proposed development. The project would generate no direct significant adverse impacts to natural wildlife habitats on a local or regional scale (Draft EIR, p. 5-155). At least one native raptorial bird species, the red-tailed hawk, uses the site as foraging habitat. However, foraging habitat for raptor species is not regionally unique, therefore the loss of this resource would not be considered a significant impact (Draft EIR, p. 5-156). 2. Impacts to Sensitive Species. No sensitive (rare or endangered) plant, invertebrate, fish, amphibian, reptile, bird or mammal species are known or expected to reside within, or occur in a resource-dependant relationship with, any portion of the overall site. Although the proposed project occurs within the SKR Habitat Conservation Plan Area, this species is highly unlikely to occur onsite and implementation of the SKR mitigation fees will reduce potential impacts to a level less than significant. Additionally, the focused survey for the QCB revealed that there are no QCB occurring on this parcel and therefore no impacts from development would occur (Draft EIR, p. 5-156). 6 R:~S P\Harveston SP\City CouncilXRESO CC EIR Findings.doc The proposed project will not result in impacts to sensitive (rare or endangered) plant or animal species as none has been identified as occurring onsite (Draft EIR, p.5-157). F. Cumulative Impacts (Land Use, Aesthetics and Geology) The Temecula General Plan EIR examined impacts associated with build out within the corporate city limits, its sphere of influence, and a larger "area of interest." The Harveston Specific Plan is accounted for within the total unit count. Regional growth plans were also examined in evaluating cumulative impacts on a regional basis (Final EIR, p. 2-20). The General Plan policies and standards which serve as mitigation measures for the potential cumulative effects of all development under the General Plan have been applied to the Harveston Specific Plan whenever applicable. Among the many General Plan policies applied to the Harveston Specific Plan are the following (Final EIR, p. 2-20 and Specific Plan, Appendix A): Incorporating the village concept into large master-planned developments; Providing development standards that ensure high quality design; Incorporating pedestrian and bicycle trails into project design; Providing adequate circulation improvements to support the level of development proposed; and Establishing setbacks along Alquist-Priolo Special Studies zones; The incorporation of the General Plan policies and standards in the Specific Plan from the start have ensured that land use, aesthetic and geology cumulative impacts associated with the development are less than significant (Specific Plan, Appendix A). Land Use The proposed project in conjunction with other past, present, and reasonably foreseeable future projects will incrementally contribute to the cumulative impact of development in the area. The potential development of the project is consistent with the City of Temecula General Plan, City of Temecula Development Code and Subdivision Ordinance and Citywide Design Guidelines. No significant cumulative land use consistency impacts are anticipated (Draft EIR, p. 5-23). Aesthetics The project in conjunction with other proposed or on-going projects occur within an urbanizing area. The City of Temecula General Plan designates the area for urban uses. Development will result in changes to the appearance of the landscape as viewed from public roads. Proposed cumulative development will also contribute to cumulative night lighting and daytime glare and reflective impacts. Because the proposed development is a master planned community with detailed Specific Plan Design Guidelines and is anticipated by the General Plan, and it is a continuation of existing land use patterns, the project's incremental cumulative aesthetic impact is not considered significant (Draft EIR, p. 5-31 ) 7 R:k,S P~Harveston SP~City Council~RESO CC EIR Findings.doc Geology and Soils Generally, geotechnical issues are sit-specific and will be limited to within the development boundaries of the Specific Plan site; therefore, no cumulative geotechnical impacts are anticipated (Draft EIR, p. 5-131). Section 3. The City Council hereby finds that mitigation measures outlined in the Draft EIR have been incorporated into the Harveston Specific Plan that avoid or substantially lessen the following potentially significant environmental impacts identified in the Specific Plan Draft EIR to a less than significant level. The potentially significant project impacts and the mitigation measures which have been adopted to mitigate them to a less than significant level are as follows: A. Aesthetics / Light and Glare 1. Potential Significant Impact. The project site is currently undeveloped. Implementation of the Harveston project will alter the aesthetic character of the area. The project's development could potentially degrade the existing visual character or quality of the site and its surrounding; however, the proposed project includes features, which help avoid potential aesthetic impacts. These features include consideration of residential planned development with comprehensive landscaping plans, and other site design proposals (i.e., expanded landscaped parkways along the perimeter roadways and aesthetically pleasing wail treatments) which will minimize the aesthetic impacts of the project (Draft EIR, p.5-30). Aesthetic compatibility and light pollution are potentially significant impacts. While the Specific Plan includes provisions to ensure quality design and compatibility, ongoing review and monitoring will be required to avoid potential impact. The proposed community park will include ball fields and lighting associated with sporting activities. The "sky glow" condition emanating from the proposed development may impact the Mount Palomar Observatory. A potential exists for a significant aesthetic impact if the project results in substantial light and glare (Draft EIR, p. 2-3,4) 2. Findings. Implementation of the following mitigation measures will reduce potential aesthetic impacts to a less than significant level: a. During development plan review process, all architectural and landscape design plans and plant palettes shall be reviewed and approved by the City. (Draft EIR, p.5-32) b. Prior to the issuance of building permits for Phase 2, the community park lighting shall be reviewed and approved by the Community Services Director as part of the review process of the construction plans. (Draft EIR, p. 5-32) c. The Master Developer shall provide the prospective homebuyers a notice that the 16-acre community park will include sports field lighting for evening use. Proof of this notification shall be provided to the Planning Director prior issuance of building permits. (Draft EIR, p.5-32) d. In order to mitigate potential impacts to the Mt. Palomar Observatory, all lighting shall be reviewed by the City to assure utilization of Iow pressure sodium vapor lamps; shielding to prevent upward illumination; and compliance with the Ordinance No. 655. (Draft EIR, p.5-32) 8 R:~S P~Harveston SP~City CouncilkRESO CC EIR Findings.doc 3. Supporting Explanation. The following details from the Draft EIR and Specific Plan illustrate that the project will not have any significant impact upon aesthetics and that any potential aesthetic impact will be reduced to a less than significant level through requirements and standards in the Specific Plan and the mitigation measure identified above: The proposed Harveston project shall comply with the applicable codes and standards including the California building Code, Uniform Fire Code, etc. Compliance with the City's standards shall assure safe utilization of the facilities at night bythe public (Draft EIR, p. 5-32). With implementation of the above mitigation measures, no significant impacts related to aesthetics and light and glare are anticipated (Draft EIR, p. 5-32). B. Transportation / Circulation 1. Potentially Significant Impact Phase I -2002 Scenario: Under this scenario there will be an increase in traffic levels. At Phase I buildout the project is anticipated to generate approximately 12,515 trips per day (Draft EIR, p. 5-43). When project-related traffic is added to the 2002 background traffic, all of the study intersections are found to operate at Level of Service D or better except for the two intersections, Winchester Road/Ynez Road and Winchester Road/Margarita Road. This is considered a significant impact. Intersection improvements have been identified that would allow Level of Service D or better to be maintained at both intersections and reduce this impact to a less than significant level. The additional left-turn opportunity would also improve the current operation of both intersections. Please refer to Mitigation Measure 1 below in Section 3.2.2, which requires the project's implementation of these intersection improvements (Draft EIR, p.5-45). In addition to improvements proposed at the two intersections mentioned above, the Phase I project traffic generated by the Harveston project would require additional intersection and roadway improvements in order to achieve acceptable service levels. The onsite roadway improvements (see Mitigation Measures 2a and 2b) are part of the Harveston project's Circulation Plan (Draft EIR, P. 5-50). Project Buildout - 2005 Scenario: Under this scenario there will be an increase in traffic levels. Based on the assumed land uses, the entire project (both components) would generate approximately 41,767 daily vehicle trips. It should be noted that at project buildout the residential planned community component of the Specific Plan generates 17,678 daily trips or 42% of the total 41,767 daily trips and the service commercial component generates 24,089 daily trips or 58% of the total daily trips (Draft EIR, p. 5-41). The HCM analysis indicates that with the project, a total of ten off-site intersections would result in a level of Service F during one or both of the peak hours. Since the project's traffic contributes incrementally to this cumulative impact, it will be responsible for its fair-share cf the improvements. With the implementation of Mitigation Measure 3 below in Section 3.2.2, the project's incremental impact can be reduced to a less than significant level (Draft EIR, p. 5-60). in addition to the off-site intersection improvements, the 2005 with project build-out scenario will require the additional intersection and roadway improvements in the immediate project vicinity to accommodate project traffic access and to achieve acceptable service levels. The on-site roadway improvements (see Mitigation Measures 4a and 4b) are part of the Harveston project's Circulation Plan (Draft EIR, p. 5-74). The impact is mitigated with project improvements and mitigation measures (Mitigation Measures 3 through 5) (Draft EIR, p.5-82 and 83). R:XS l:'~Harveston SP\City Council'&,ESO CC EIR Findings.doc Additionally, the currently adopted Temecula Cimulation Plan is no longer consistent with the adopted City of Murrieta Circulation Plan which shows a Cherry Street alignment. Although the project site plan evaluated in this Traffic Impact Analysis proposes a circulation system, which is consistent with the currently adopted Circulation Plan for Temecula, the onsite circulation could be easily modified to accommodate and facilitate implementation of the Alternative Draft Proposed Circulation Plan if it is adopted. The modifications necessary to provide consistency with the Draft Circulation Plan would not measurably alter the offsite impacts and improvement needs that have been identified in the EIR Traffic section. Because the adoption of the City's Draft Proposed Cimulation Plan may occur subsequent to the City's action on the proposed project, Mitigation Measure 6 has been proposed to ensure that the Harveston project's- implementation would not prevent implementation of the City's Draft Cimulation Plan (Draft EIR, p. 5-77). Traffic Demand and Systems Management The existing site does not now provide alternative transportation opportunities for area residents. The circulation portion of the Specific Plan will provide for alternate transportation opportunities. The project site does not presently provide access for pedestrians or bicyclists due to its unimproved condition and isolated location. The circulation plan of the Specific Plan provides both pedestrian and bicycle circulation for area residents as well as project visitors. This proposed network of sidewalks and trails will provide non-vehicular access to the service commercial area, onsite and offsite schools, the extensive park and recreation system and the mixed use Village Center. The proposed sidewalks and Class II bike lanes on Margarita Road will eventually allow non-vehicular access offsite, and will tie into trails along Santa Gertrudis Creek. A separate transit plan, bicycle plan and open space / recreation plan (which includes trails) have all been included in the Specific Plan. Mitigation Measures 7 through 9 will help reduce vehicle trips and traffic congestion (Draft EIR, p. 5-76). 2. Findings. Implementation of the following mitigation measures will reduce Phase I project traffic impacts to a less than significant level: Phase 1 Scenario - Year 2002 a. Prior to issuance of 1st occupancy permit for Phase I Residential and 1st occupancy permit for Phase I service commercial, the developer(s) shall implement the improvements for intersections 28, 29, 30A, 30B and 31 outlined in Table 6, Exhibits 26A-26C of this EIR, and listed below. Prior to issuance of 326th occupancy permits for the Phase I Residential and more than 8 acres of Phase I Service Commercial development (i.e. the southern portion of Planning Area 12), the developer(s) shall implement the improvements for intersections 4 and 5 outlined in Table 6, Exhibits 26A-26C of this EIR, and listed below. City may review and adopt a funding mechanism for the improvement costs above the Project percentage for "fair share" consistent with Section 12.3 of the Specific Plan, the "Financing Mechanism". l0 R:XS P~-Iarveston SP~City Council~ESO CC EIR Findings.doc Intersection Improvement Needs 2002 With Project Phase I ID No. I Intersection I Improvements I Project % Prior to issuance of 1st Occupancy Permit for Phase I Residential and 1st Occupancy Permit for Phase I Service Commemial 28 :~ustic Glen Dr @ (1) Add EB Left Turn Lane Margarita Rd (2) Add EB Shared Through and Right Turn Lane (3) Add NB Left Turn Lane (4) Add NB Through Lane 1(5) Modify WB Right Turn Lane to Shared Through 100% and Right Turn Lane (6) Add SB Through Lane (7) Add SB Right Turn Lane 8) Modify Signal to Accommodate New EB Approach 29 Margarita Rd @ (1) Add NB Left Turn Lane South Project (2) Add SB Right Turn Lane Residential (3) Add EB Left Turn Lane 100% (4) Add EB Right Turn Lane (Dual) (5) Install Traffic Signal 30A South Project (1) Add EB Through Lane Residential Access Rd Inbound @ Internal (2) Add NB Left Turn Lane 100% Loop Access Rd (3) Add NB Right Turn Lane (4) Add WB Through Lane (5) Install Traffic Signal 30B South Project (1) Add EB Through Lane Residential Access Rd Outbound @ Internal (2) Add EB Right Turn Lane Loop Access Rd (3) Add WB Through Lane 100% (4) Add WB Right Turn Lane (5) No Intersection Controls Needed 31 East Project (1) Add NB Through Lane Residential Access Rd @ Internal Loop (2) Add NB Right Turn Lane Access Rd (3) Add WB Left Turn Lane 100% (4) Add WB Right Turn Lane (5) Add SB Through Lane (6) Add SB Left Turn Lane (7) Install Stop Signs on WB Approach =rior to issuance of 326'n Occupancy Permit for Phase I residential and more than 8 acres of Phase I Service Commercial 4 Winchest&r Rd @ (1) Modify Signal to Provide NB Right Turn Ynez Rd Overlap Phase 2) Modify Signal to Provide SB Right Turn 45% Overlap Phase (3) Add EB Through Lane 5 Winchester Rd @ (1) Modify Signal to Provide SB Right Turn 51% Margarita Rd Overlap Phase (2) Add EB Left Turn Lane 11 R:~S P~Harveston SP~City Council'u~.ESO CC E1R Findings.doc b. Prior to issuance of occupancy permits for Phase I, the developer(s) shall implement the Roadway Improvement Needs identified below. Exhibit 10, Development and Roadway Phasing Plan identifies the proposed timing for on-site Roadway Improvement Needs. A program for the improvements listed below with an "*" shall be completed to the satisfaction of the City and the developer (Draft EIR, p.5-81 ). · Complete 4-lane widening of Margarita Road to Arterial highway standards between Santa Gertrudis Creek and Date Street.* · The proposed South Residential Access Road and Loop access Road will be constructed to provide adequate access to the first phase of the I~arveston project. This will include at a minimum, the following key on-site circulation components: · South Residential Access Road, which provides two lanes in each direction with provisions for a median left-turn lane at the intersection with Margarita Road. · East Residential Access Road (i.e., extension of Rustic Glen), which provides one lane in each direction with provisions for a median left turn lane at margarita Road and the internal Loop Access Road. · Loop Access Road, which provides a single lane in each direction with a center two-way left-turn lane. Additionally, turn lanes may be needed at key intersections (refer to Exhibits 26A-26C). Curbside parking should not generally be provided along the internal Loop Access Road except where required by the City of Temecula. The provision of curb parking should consider sight distance limitationS, which may occur along the interior of the Loop Access Road. · Bike lanes shall be provided on the three principal on-site roadway described above. c. Prior to issuance of occupancy permits for Phase I, the developer(s) shall pay the City's established DIF, less any DIF credits applicable to the project. In lieu of the DIF payment, at the City's discretion, the developer(s) may implement the off-site Improvement Needs identified previously in Mitigation Measures 1 and 2a above (Draft EIR, p.5- 82). 3. Findings. Implementation of the following mitigation measures will reduce project Build-Out traffic impacts to a less than significant level: Project Build-Out Scenario - Year 2005 a. Prior to the issuance of occupancy permits for the Phase II build- out of Resident a (i.e. beyond 476 single family un ts and 346 multi-family units) and Service Commercial (i.e., beyond 20 net acres in Planning Area 12), and Village Center ne ghborhood commercial (i.e., beyond 8,000 square feet), the developer(s) shall pay their fair-share improvement costs for the intersection improvements outlined in Table 8 of this EIR and listed below. The specific timing of project 2005 build-out improvements (Phase 2 through Phase 4) shall be consistent with the Traffic Mitigation Monitoring Program (TMMP), as required in Mitigation Measure 5 below. 12 R:XS Phttarveston Sl~City CounciBRESO CC EIR Findings.doc Intersection Improvement Needs 2005 WITH PROJECT BUILD-OUT SCENARIO ID No. Intersection Improvements Project % I Winchester Rd @ (1) Add EB Right Turn Lane Jefferson Ave (2) Add NB Right Turn Lane (Dual Right) (3) Add Southbound Left Turn Lane 16% (4) Convert SB Right Turn Lane to Shared Through and Right Turn Lane 2 ~/inchester Rd @ (1) Add EB Right Turn Lane 1-15 Southbound (2) Add SB Dedicated Left Turn Lane (Dual Left) and 23% Ramp Widen Off Ramp to Accommodate the Added Lane 4 Winchester Rd @ (1) Add EB Left Turn Lane (Dual Left) Ynez Rd (2) Add EB Through Lane (3) Modify NB Through Lane to Shared Through and Left Turn Lane (4) Modify Signal to Provide NB Right Turn Overlap 62% Phase (5) Split NB and SS Signal Phases (6) Add WB Through Lane (7) Add SB Shared Through and Right Turn Lane 5 Winchester Rd @ (1) Modify Signal to Provide SB Right Turn Overlap Margarita Rd Phase (2) Modify Signal to Provide NB Right Turn Overlap 42% =hase 3) Add EB Left Turn Lane (Dual) 10 Murrieta Hot Springs (1) Add WB Left Turn Lane (Dual) Rd. @ Jefferson Ave (2) Channelize NB Right Turn Lane to Allow Free 4% Right Turn Movement 12 Murrieta Hot Springs (1) Add WB Right Turn Lane Rd @ Alta Murata Dr (2) Modify WB Shared Through and Right Turn Lane 21% to Through Lane 13 Murrieta Hot Springs (1) Modify EB Through Lane to Shared Through and Rd @ Margarita Rd Right Turn Lane (2) Modify NB Through Lane to Shared Through and 43% Left Turn Lane 18 Overland Dr @ (1) Modify Signal to Provide WB Right Turn Overlap Jefferson Ave Phase ,(2) Modify Signal to Provide NB Right Turn Overlap 14% Phase (3) Split NB and SB Signal Phases 4) Add EB Right Turn Lane 19 Overland Dr @ (1) Add WB Right Turn Lane Ynez Rd (2) Modify WS Shared Through and Right Turn Lane to Through Lane 27% (3) Modify Signal to Provide WB Right Turn Overlap ~hase (4) Modify Signal to Provide SB Right Turn Overlap Phase 26 Overland Dr @ (1) Modify NB Through Lane to Shared Through and Margarita Rd Left Turn Lane 100% (2) Split NB and SB Signal Phases 13 R:~S l~Iarveston SP~City CouncilkRESO CC EIR Findings.doc Intersection Improvement Needs 2005 WITH PROJECT BUILD-OUT SCENARIO ID No. Intersection Improvements Project % 28 Rustic Glen Dr @ 1) Add EB Left Turn Lane Margarita Rd (2) Add EB Shared Through and Right Turn Lane (3) Add NB Left Turn Lane (4) Add NB Through Lane (5) Modify WB Right Turn Lane to Shared Through 100% and Right Turn Lane (6) Add SB Through Lane (7) Add SB Right Turn Lane (8) Modify Signal to Accommodate New EB Approach 30A South Project - (1) Add EB Through Lane Residential Access (2) Add NB Left Turn Lane Rd Inbound @ (3) Add NB Right Turn Lane 100% Internal Loop Access 4) Add WB Through Lane Rd. (5) Install Stop Signs on EB and WB Approaches 30B South Project Resi- (1) Add EB Through Lane dential Access Rd. (2) Add EB Right Turn Lane Outbound @ Internal (3) Add WB Through Lane 100% Loop Access Rd (4) Add WB Right Turn Lane (5) No Intersection Controls Needed 31 East Project (1) Add NB Through Lane Residential Access (2) Add NB Right Turn Lane Rd. @ Internal Loop (3) Add WB Left Turn Lane Access Rd (4) Add WB Right Turn Lane 100% (5) Add SB Through Lane (6) Add SB Left Turn Lane (7) Install Stop Sign on WB Approach 32 Date St @ Ynez Rd (1) Add 3 EB Through Lanes 2) Add EB Left Turn Lane (3) Add EB Right Turn Lane (4) Add 2 NB Through Lanes (5) Add NB Left Turn Lane (6) Add NB Right Turn Lane 42% (7) Add 2 WB Through Lanes (8) Add 2 WB Left Turn Lanes (Dual Left) (9) Add WB Right Turn Lane (10) Add 2 SB Through Lanes (11 ) Add SB Left Turn Lane (12) Add SB Right Turn Lane (13) Install Traffic Signal 33 Date St @ Service (1) Add NB Through Lane Commercial Access I (2) Add NB Right Turn Lane 3) Add WB Left Turn Lane 4) Add WB Right Turn Lane 100% (5) Add SB Through Lane (6) Add SB Left Turn Lane (7) Install Stop Signs on NB and SB Approaches 14 R:~S P~larveston SP',City CounciYxRESO CC EIR Findings.doc Intersection Improvement Needs 2005 WITH PROJECT BUILD-OUT SCENARIO ID No. Intersection Improvements Pr°iect % 34 Date St @ North 1) Add 2 EB Through Lanes , Project Residential 2) Add EB Left Turn Lane Access Rd (3) Add EB Right Turn Lane (4) Add NB Shared Through and Left Turn Lane (5) Add NB Left Turn Lane (6) Add NB Right Turn Lane 76% (7) Add 2 WB Through Lanes (8) Add WB Left Turn Lane (9) Add WB Right Turn Lane (10) Add SB Shared Through and Right Turn Lane (11 ) Add SB Left Turn Lane :(12) Install Traffic Signal 35 North Project (1) Add EB Through Lane Residential Access (2) Add EB Left Turn Lane Rd. Internal Loop (3) Add WB Through Lane Access Rd (4) Add WB Right Turn Lane 100% (5) Add SB Left Turn Lane (6) Add SB Right Turn Lane (7) Install Stop Si~lns on EB and WB Approaches 36 Ynez Rd @ (1) Add EB Through Lane Service Commercial (2) Add EB Right Turn Lane Access II (3) Add NB Left Turn Lane (4) Add NB Right Turn Lane 100% (5) Add WB Through Lane 6) Add WB Left Turn Lane (7) Install Stop Signs on EB and WB Approaches 37 Ynez Rd @ (1) Add EB Right Turn Lane Service Commercial (2) Add 2 NB Through Lanes ~,ccess III (3) Add NB Left Turn Lane 77% (4) Add 2 SB Through Lanes (5) Add SB Right Turn Lane (6) Install Stop Sign on EB Approach 38 Ynez Rd @ (1) Add EB Shared Through and Right Turn Lane Service Commercial (2) Add EB Left Turn Lane ~,ccess IV (3) Add 2 NB Through Lanes 86% (4) Add NB Left Turn Lane (5) Add NB Right Turn Lane (6) Add WB Shared Through and Right Turn Lane (7) Add WB Left Turn Lane (8) Add 2 SB Through Lanes 86% (9) Add SB Left Turn Lane 10) Add SB Right Turn Lane 11) Install Traffic Signal 15 R:XS P~Harveston SP',City CouncilkP. ESO CC EIR Findings.doc Intersection Improvement Needs 2005 WITH PROJECT BUILD-OUT SCENARIO ID No. Intersection Improvements Project % 39 Date St @ (1) Add EB Shared Through and Left Turn Lane Margarita Rd .(2) Add EB Left Turn Lane 3) Add EB Right Turn Lane 4) Add 2 NB Through Lanes (5) Add NB Left Turn Lane (6) Add NB Right Turn Lane (7) Add WB Shared Through and Right Turn Lane 37% (8) Add WB Left Turn Lane (9) Add SB Through Lane (10) Add SB Shared Through and Right Turn Lane (11 ) Add SB Left Turn Lane (12) Add SB Right Turn Lane (13) Install Traffic Signal b. Prior to issuance of occupancy permits for the build-out of residential and service commercial (Planning Area 12), the developer(s) shall implement the Roadway Improvement Needs identified below. Exhibit 10, Development Phasing Plan identifies the proposed timing for On-site Roadway Improvement Needs. A fair-share program for the improvements listed below with an * may be completed to the satisfaction of the City and the developer (Draft EIR, p.5-85, 86). · Construct Date Street between the Service Commercial Access Driveway and Margarita Road as a 6-lane restricted access Urban Arterial. The exact alignment of Date Street (or Cherry Street) needs to be coordinated with study efforts related to the proposed future Date Street (or Cherry Street) intemhange. · Realign and extend Ynez Road from current terminus to just south of Date Street as a 4- lane Major. · Construct Ynez Road from the northern project boundary to just south of Date Street as a 4-lane Arterial. · Construct the North Residential Access Road between Date Street and the internal Loop Access Road as a 4-lane road with provisions for a median left-turn lane at the intersection with Date Street. · Construct the internal Loop Access road as a two-lane roadway with center two-way left turn lane. Curbside parking shall not generally be provided along the Loop Access Road except where required by the City of Temecuia. The provision of curb parking shall consider right distance limitations that may occur along the interior side of the Loop Access Road. · Bike lanes shall be provided along the Loop Access Road and all three project access roads from Date Street and margarita Road. 16 R:~S P'fflarveston SP\City Council'xRESO CC EIR Findings.doc c. Prior to issuance of occupancy permits for the build-out of residential and service commercial (Planning Area 12), the developer(s) shall pay the City's established DIF, less any available DIF credits, in lieu of the DIF payment, at the City's discretion, the developer(s) may implement the off-site Roadway Improvement Needs identified previously in Mitigation Measures 3 and 4a above (Draft EIR, p.5-86). d. Prior to the recordation of the first map or the approval of the first development application in Planning Area 12, whichever occurs first, the land area required for the future interchange (approximately 10 acres) shall be dedicated to the City of Temeculao e. Consistent with the City's Circulation Element policies, the Harveston project shall implement a Traffic Mitigation Monitoring Program (TMMP) related to the project's traffic impacts. This program would include a series of focused traffic studies that address the potential incremental traffic impacts and roadway system needs associated with subsequent development phases of the project. The EiR traffic study has identified the project- related traffic impacts and roadway system improvement needs at both build-out of the project and for Phase 1 of the project. This traffic study also provides a measure of the overall project's mitigation responsibilities. The intent of the Traffic Mitigation Monitoring Program is not to re- define mitigation responsibility, but rather to assist in the refinement of area improvement needs and the timing of these improvements (Draft EIR, p.5-86). The Traffic Mitigation Monitoring Program proposes that a focused traffic study be prepared prior to occupancy of development included in each of the future development phases (e.g., 2, 3, and 4). The focused traffic study would: 1) document ambient traffic volumes conditions; 2) estimate trip generation for the particular development phase; and 3) assess traffic conditions with the traffic added by the particular development phase. The exact study area to be addressed in each of the focused traffic studies should be defined through discussions with the City Traffic Engineer. In general the study area should include the immediate access intersections and roadways, which would serve the new development phase and those critical off-site intersections and roadways that will provide access to the new development. Critical intersections / roadways are defined as those facilities that are experiencing high levels of peak period traffic congestion (at the time the focused traffic study is to be performed) and/or those roadways that are part of the General Plan arterial road network. City in proactively planning for area roadway improvements (Draft EIR, p.5-86). f. Prior to approval of the Final Map, the developer(s) shall demonstrate to the satisfaction of the City's Department of Public Works that the project will allow for the facilitation of the City's ultimate Circulation Plan (Draft EIR, p.5-86). Traffic Demand and Systems Manaqement Measures: In addition to the previously roadway and/or intersection improvements identified in Mitigation Measures a through f above, the following transportation system management / transportation demand management (TSM / TDM) measures are recommended to help reduce vehicular trips and traffic congestion: g. Prior to the approval of a tentative map or development plan, the developer will forward tract maps to the Riverside County Transit Agency (RTA) for review and comment regarding bus turnouts, shelters, etc. Transit-oriented facilities and design features will be incorporated into the design of the project as appropriate, to the satisfaction of the City and the RTA (Draft EIR, p.5-86). 17 R:~S P~Harveston SPXCity Council~RESO CC EIR Findings.doc h. Prior to the approval of a tentative map for individual planning areas or development plan, the developer and City staff will review plans, specially for multi- family housing areas, commercial uses, and parks for the provision of appropriate, necessary, and adequate pedestrian and bicycle facilities (Draft EIR, P.5-86, 87). i. During the development plan review, major employers (i.e., more than 250 employees) who locate their business within the project shall prepare Transportation Demand Management (TDM) plans in accordance with the Riverside County Council of Governments (RCTC/VVRCOG) guidelines (Draft EIR, p.5-87). 4. Supporting Explanation. In order to lessen the need for vehicle trips and to facilitate pedestrian and bicycle movement throughout the Project, the Specific Plan provides a system of bikeway and pedestrian pathways. These amenities will be provided along Margarita Road, Ynez Road, Santa Gertrudis Creek, Date Street and Loop Access Road (Draft EIR, p. 5-76). With the implementation of the project as proposed, including the Specific Plan Circulation Element and Mitigation Measures (including recommended roadway and intersection improvements), no significant traffic impacts will result from the proposed project under the Phase I - 2002 and Full Build-Out 2005 Scenarios (Draft EIR, p. 5-87). The main objective of the Circulation Plan is to provide direct and convenient access to individual residential enclaves, employment and service land uses through a safe and efficient network including arterial, secondary, collector, and local roadways, and a pedestrian trail/sidewalk system. The Loop Road, which will be the primary circulation route through Harveston, is envisioned as a landscaped parkway, with a right-of-way width of 66-feet. This accommodates a 44-foot road width, with wide parkway strips on either side (Draft EIR, p. 5-74 - 75). Roadways adjacent to the site will be improved to provide efficient access. All other residential roads, cul-de-sacs, and alley designs will be developed in conjunction with tentative tract maps for individual planning areas (Draft EIR, p. 5-74 - 75). C. Noise 1. Potential Significant Impacts. Construction activities, especially heavy equipment, will create short-term noise increases near the project site. With little development on the project site, initial heavy construction will not have significant noise impact potential. Such impacts may however, become important if construction occurs near already completed residential uses during later phases of project development (Draft EIR, p. 5-108). Upon completion, project-related traffic will cause an incremental increase in areawide noise levels throughout the Temecula area. Traffic noise impacts are generally analyzed both to insure that the project does not adversely impact the acoustic environment of the surrounding community, as well as to insure that the project site is not exposed to an unacceptable level of noise resulting from the ambient noise environment acting upon the project (Draft EIR, p. 5- 108). 2. Findings. The following Mitigation Measures will be implemented to reduce potential noise impacts to a less than significant level 18 R:~S Phtlarveston SP~City Council~RESO CC E1R Findings.doc Short-term construction impact The following measures are required to reduce short-term construction noise impacts: a. As specified in City of Temecula Ordinance No. 94-25, no construction may occur within one-quarter (1/4) of a mile of any occupied residence during the following hours (Draft EIR, p. 5-119): i. 6:30 p.m. to 6:30 a.m., Monday through Friday. ii. Before 7:00 a.m, or after 6:30 p.m., Saturday. iii. At any time on Sunday or any nationally recognized holiday. b. All construction equipment shall use properly operating mufflers, and no combustion equipment such as pumps, generators or motors shall be allowed to operate within one quaff[er (1/4) mile of any occupied residence from 6:30 p.m, to 6:30 a.m. unless such equipment is surrounded by a noise protection eaff[hen berm or solid barrier (Draft EIR, p. 5- 119). c. All construction staging shall be performed as far as possible from occupied dwellings (Draft EIR, p. 5-119). Lonq-term noise impact The following measures are required to achieve compliance with City standards for land use compatibility with respect to interior and exterior noise: d. A noise mitigation analysis shall be performed, at the final map stage (for individual planning areas), for all future project noise-sensitive uses potentially exposed to noise levels in excess of 60dB CNEL to verify that planned noise protection will meet City of Temecula standards (Draft EIR, p. 5-119, 120). i. Exterior recreational areas shall be protected to achieve noise levels of less than 65 dB CNEL. ii. Interior living areas shall be protected to achieve noise levels of less than 4 dB CNEL. Substantial perimeter walls separating rear yards from the roadway right-of way along Date Street are anticipated to be necessary. Precise wall geometrics shall be determined once exact setbacks and building pad grades are established. Moderately upgrading window treatments shall be necessary along Date Street in upstairs bedrooms closest to the roadway. Minor acoustical upgrades shall be needed along Margarita or Ynez beyond simply closing windows to shut out roadway noise. The building code requires that supplemental fresh air ventilation be provided in rooms where window closure for traffic noise protection is necessary. A detailed noise attenuation evaluation shall be conducted in a supplemental acoustical study to be submitted when the tract map is filled with the appropriate agency. 19 R:~S P~tarveston SP\City CouncilXRESO CC EIR Findings.doc 3. Supporting Explanation. The proposed Harveston project shall comply with the applicable codes and standards. Compliance with the City's standards shall assure regulations of nuisance noise during all phases of construction and operation of the project (Draft EIR, p. 5-119). Implementation of mitigation measure 4 and the rear yard perimeter protection for usable outdoor space (yard, patio, spa, etc.) for proposed homes along Date Street, Ynez Road, and Margarita Road will reduce the impacts to less than significant. In addition, implementation of mitigation measures 1-3 listed above, for temporary noise impacts emanating from construction activities, will reduce the short-term impacts to a level of less than significant (Draft fIR, p. 5- 120). D. Geology and Soils 1. Potential Significant Impact. The proposed project may introduce potential impacts related to seismic activity and other soils and geologic hazards (i.e., liquefaction, lateral spreading, earth-quake induced flooding, expansive soils, permanent cut slopes, surficial slopes instability, shrinkage and subsidence, and soil corrosivity) (Draft EIR, p. 2-18). Generally, geotechnical issues are site-specific and will be limited to within the development boundaries of the specific Plan site; therefore, no cumulative geotechnical impacts are anticipated (Draft EIR, p. 5-131). 2. Findings. The following Mitigation Measures will be implemented to reduce potential project geology and soils impacts to a less than significant level: a. During staff review of the tentative map for individual planning areas, an updated geotechnical/geologic report shall be prepared to include any necessary revisions to earthwork, foundation, design, and construction recommendations (Draft fIR, p. 5- 132). b. Prior to the issuance of a grading permit, the recommendations contained in section 6.0 of the geotechnical study, located in Appendix E of the Draft EIR shall be incorporated into the earthwork activities of the proposed project to the satisfaction of the City Engineer. Earthwork activities include grading removals, subdrains, permanent slopes, temporary slope excavations, utility trench backfill, and site drainage. Additional recommendations are presented to mitigate the potential impacts related to liquefaction, expansive soil potential, and shrinkage and subsidence (Draft EIR, p. 5-132). c. Prior to the issuance of a building permit, the recommendations contained in Section 7.0 of the geotechnical study, located in Appendix E of this document, shall be incorporated into the structural design of the proposed project to the satisfaction of the Chief Building Official. Structural design activities include: foundation design; retaining walls; slabs- on-grade; and appurtenant facilities (Draft EIR, p. 5-132). d. Prior to issuance of a building permit, it shall be proven to the Department of Building and Safety that al structures shall be designed in accordance with the seismic design provisions of the California Building Codes or Structural Engineering Association of California to promote safety in the event of an earthquake (Draft EIR, p. 5-132, 133). 3. Supporting Explanation. Application of the following standard conditions and uniform codes will reduce a number of potential impacts to a level of less than significant (Draft EIR, p. 5-131,132): 20 R:~S l:~larveston SP\City Council'uRESO CC EIR Findings.doc · UBC, City Building Codes, and applicable seismic standards will reduce ground-shaking and related seismic effects to a level of less than significant. · UBC, City Building Codes, and geotechnical report requirements will reduce impacts related to liquefication and seismically related soil conditions to a level of less than significant. · City grading and Building Codes will reduce impacts related to disposal of excavated material, to a level of less than significant. · UBC or City grading and Building Codes will reduce impacts related to unstable cut and fill slopes to a level of less than significant. · Cai OSHA Construction Safety Orders and City grading and Building Codes will reduce impacts related to trench wall stability to a level of less than significant. · City grading and Building Codes will reduce impacts related to erosion of graded areas to a level of less than significant. · City grading and Building Codes will reduce impacts related to alteration of runoff, to a level of less than significant. · City grading and Building Codes will reduce impacts related to unprotected drainage ways to a level of less than significant. · City grading and Building Codes will reduce impacts related to increased impervious surfaces to a level of less than significant. With implementation of the mitigation measures listed above and compliance with standard federal, state, and local building codes, potential project impacts associated with seismic activity and other soil / geologic hazards will be reduced to levels less than significant (Draft EIR, p. 5- 133). E. Hydrology and Drainage 1. Potential Significant Impact. The proposed project has the potential to result in a long-term impact on water quality due to the addition of pollutants typical of urban runoff. Additionally, the proposed project has the potential to increase impervious surfaces, leading to increased runoff. The proposed project, in conjunction with other past, present, and reasonably foreseeable future projects will result in a cumulative impact related to hydrology and drainage issues (i.e., water quality impacts, erosion, down stream siltation). The project's incremental contribution to this impact can be mitigated to a level less than significance. Water runoff will cumulatively increase due to the introduction of impervious surfaces. The proposed mitigation measure will reduce the project's incremental cumulative impact to a level less than significant (Draft EIR, p. 5-146). 2. Findings. The following Mitigation Measures will be implemented to reduce potential hydrology and drainage impact to a less than significant level: 21 R:',S P~Harveston SimCity CouncilhRESO CC EIR Findings.doc a. Prior to issuance of any grading permits for any areas larger than 5 acres in size, the developer shall submit a "Notice of Intent" (NOI), along with the required fee to the applicable Regional Water Quality Control Board or the State Water Resources Control Board to be covered under the State national Pollutants Discharge Elimination System (NPDES) General Construction permit and provide the City with a copy of the written reply containing the developer's identification number (Draft EIR, p. 5-146). b. Prior to the issuance of the grading permits, the developer shall provide a Water Quality Management Plan showing conformance to all NPDES requirements (enacted by the Environmental Protection Agency (EPA) and Regional Water Quality Control Board, San Diego Region) for review and approval by the City Engineer. The plan shall reduce the discharge of pollutants 'to the maximum extent practical using best management practices, erosion control techniques and systems, design and engineering method and such other provision which are appropriate (Draft fIR, p. 5-147). Storm Water Quality Alternatives c. Catch Basin Filters: Storm water runoff may contain quantities of oil and grease from the use of vehicles. Catch basin filters could be installed on the on-site catch basins to absorb these contaminants before they get into the storm drain system. Catch basin filter is a filter which utilizes a natural absorbent material called Amorphos Alumina silicate (Fossil Rock) to filter out oil and grease and also maintain sufficient flow rate. Exact design of the filters may vary according to the characteristics of the proposed catch basins. A maintenance program would need to be developed, if possible to make this practice practical. Such a program typically includes periodic inspections, debris removal, local area cleanup, and replacement of filter absorbent material. An entity would need to be identified to carry out the maintenance program (Draft fIR, p. 5-147). d. Catch Basin Cleanin : Cleaning of catch basin would be performed regularly to remove debris and reduce pollutant concentrations before first flush during storm seasons. Cleaning would also minimize clogging of the catch basin filter and underground drainage system. This catch basin cleaning practice should be at minimum provided once a year before the wet season to eliminate debris accumulated during the summer (Draft EIR, p. 5-147) e. Storm Drain System Siqna(~e'.The Standard "No Dumping" signs would be posted at all the catch basin on-site (Draft EIR, p. 5-147) f. Household Hazardous Waste Collection and Education: Information regarding the City's or County's mobile collection program, or a stationary collection site if the City or County has one in the area, or businesses in the area certified to take in such waste could be given to new home buyers by the homebuilder at the time of new home purchase. If a homeowners association (HOA) is formed for this development, similar information could be disseminated on a regular basis (newsletters, billings, etc.) through this organization. The HOA and homebuilder could obtain information on programs from and coordinate with the City's Community Services Department (Draft EIR, p. 5-147). 3. Supporting Explanation. All construction activity will comply with NPDES requirements, as implemented and enforced by the California Regional Water Quality Control Board, San Diego Region. Also, all commercial development will comply with NPDES requirements for stormwater runoff control, as implemented and enforced by the California Regional Water Quality Control Board, San Diego Region. Prior to the issuance of occupancy R:~S ~a'vcsmn S~Cit¥ Couacil~°,ESO CC F~IR permits, the City will ensure that any required permanent facilities are in place. Compliance with these standard requirements will be mandated for the project (Draft EIR, p. 5-146). With implementation of proposed Mitigation Measure 1, the potential impacts to drainage will be reduced to a level less than significant (Draft EIR, p. 5-147). With implementation of proposed Mitigation Measure 1, the potential impacts associated with flooding will be reduced to a level less than significant (Draft EIR, p. 5-147). With implementation of proposed Mitigation Measures 2 and 3, the potential impacts to water quality will be reduced to level less than significant (Draft EIR, p. 5-147). Implementation of proposed Mitigation Measures 1 through 3 will reduce the project's contribution to potential cumulative drainage, flooding, and water quality impacts to a level less than significant (Draft EIR, p. 5-147). Incorporation into the Specific Plan of these mitigation measures will result in changes or alterations to the Specific Plan that will reduce hydrology and drainage impacts to a less than significant level. F. Biological Resources 1. Potential Significant Impacts. impacts to Sensitive Species Although the proposed project occurs within the SKR Habitat Conservation Plan Area, this species is highly unlikely to occur onsite, and implementation of the SKR mitigation fees will reduce potential impacts to a level less than significant. !mpacts to Jurisdictional Areas The proposed project will impact approximately 2.86 acres of '~vaters of the United States." No wetlands or riparian plant communities will be effected by the proposed project. The project has obtained a 404 permit from the Army COE and a 1603 Agreement from the CDFG. Mitigation for these impacts includes avoidance and habitat creating. With the implementation of the 404 and 1603 permit conditions, no significant impacts to Jurisdictional Waters are anticipated (Draft EIR, p. 5-156). 2. Findings. The following Mitigation Measures will be implemented to reduce potential biological resoumes impact to a less than significant level a. Prior to the issuance of a grading permit, the developer shall provide proof to the Department of Public Works and planning that the conditions of 404 and 1603 permits pertaining to the arroyo Park restoration have been bonded for and shall be implemented consistent with the timing requirements of the permits (Draft EIR, p. 5-157). b. Prior to the issuance of a grading permit, the developer shall pay applicable SKR mitigation fees in accordance with Chapter 8.24 (Habitat Construction) of the Temecula Municipal Code (Draft EIR, p. 5-157). 3. Supporting Explanation. Although no impact has been identified to SKR, implementation of the above standard condition will ensure that any potential impact to SKR regionally is mitigated to less than significant level. The proposed project will impact 23 R:~S Pht-Iarveston SP\City CouncilhRESO CC EIR Findings.doc approximately 2.86 acres of "waters of the United States." No wetlands or riparian plant communities will be effected by the proposed project. Lennar Homes has obtained a 404 permit from the army COE and a 1603 Agreement from the CDFG. Mitigation for these impacts includes avoidance and habitat creation. Mitigation Measure 1 requires implementation of conditions of 404 and 1603 regarding restoration of the Arroyo Park, which will reduce impacts to levels of insignificance. The project, in conjunction with other past, present, and reasonably foreseeable future projects, will incrementally contribute to the cumulative loss of biological resources. The project's incremental contribution to this impact will be mitigated to a less than significant level (Draft EIR, p. 5-157). G. Public Services and Utilities 1. Potential Significant Impact. The proposed project will create increased demand for public services and utilities on a local and regional basis (Draft EIR, p. 2-22). Fire According to the Temecula Fire Services and Riverside County Fire Department, future development of the project site will not create a need for expansion of facilities or addition of staff nor will it adversely impact the level of Service presently provided. Because the proposed project is located within City limits, the Fire Services Fees are included in the City's Development Impact Fees (DIF). With implementation of Mitigation Measures 1-4, potential impacts would be mitigated to less than significant levels (Draft EIR, p. 5-163). Police Development within the project area will adversely impact the level of police services presently provided. Calls for service will increase, requiring additional staff and office time to manage the project area. According to the City of Temecula Police Department, development of the project site will create the need for an additional storefront field office facility to support walk-in type Calls for Service (Draft EiR, p. 5-163). The proposed project would also create the need for additional staff. Presently, there is no revenue budgeted for such an expansion (Draft EIR, p. 5-163). Schools The development of 1,921 new residential units would generate 787 additional elementary school students, 337 middle school students, and 244 high school students. A new elementary school site would be needed since the school currently serving the area in no longer able to expand on the existing site. Additionally, expansions to Day Middle School and Chaparral High School would be required to house new students. Additional staff would also be required to serve the students (Draft EIR, p. 5-164). Parks and Recreation The proposed project would create additional demands on existing recreation facilities and service related programs. Implementation of the Harveston Specific Plan will create an additional demand for parks and recreation facilities. Additional staffing would be anticipated to fulfill these needs in concurrence with project development (Draft EIR, p. 5-164). 24 R:~S P~-larveston SP\City Council~RESO CC EIR Findings.doc Library The development of 1,921 new houses will generate additional patrons and will ultimately create a need for additional library staff, space, and additional resources. Additionally, the proposed project will create an increase in traffic though the library. The project will pay library fees, which are included in the City's DIR Fees to offset the project's effect on library facilities. The annual special tax paid by property owners helps offset library operations and maintenance. With implementation of Mitigation Measure 12, potential significant impacts would be mitigated to less than significant levels (Draft EIR, p. 5-165). Public Transportation The proposed project is anticipated to result in an increased demand for extended service to cover the project site. The project will create a need to expand coverage of the current Temecula/Murrieta routes. Additional buses are also needed to meet demands for increased service. Bus turnouts and shelters to serve future residents shall be provided as required and established by the City Engineer, director of Planning, and the RTA (Draft EIR, p. 5-165). Water Implementation of the proposed project would result in development of land uses that may impact existing water services and facilities. Although the Rancho California Water District foresees no problems serving the proposed project, construction of Winchester Reservoir No. 2 by RCWD will occur on an as-needed basis as water demands increase in the 1380 Pressure zone (Draft EIR, p. 5-165). Sewer Implementation of the proposed project may result in additional demand on the existing sewer system from increased sewage flows, but will not adversely impact the level of service presently provided (Draft EIR, p. 5-166). Harveston Specific Plan area is located within the sewer service boundaries of Eastern Municipal Water District (EMWD). According to the Eastern Municipal Water District, the existing facilities can accommodate this increased demand. Expansion of facilities and additional staff will be required over time (Draft EIR, p. 5-166). Storm Drainaqe / Flood Control The proposed project, in conjunction with other past, present, and reasonably foreseeable future projects will result in a cumulative impact related to hydrology and drainage issues. The project's incremental contribution to this impact can be mitigated to a level less than significance. Water runoff will cumulatively increase due to the introduction of impervious surfaces. The proposed mitigation measure will reduce the project's incremental cumulative impact to a level less than significant (Draff EIR, p. 5-146). Natural Gas Southern California Gas Company (SCG) indicated that gas service could be provided in accordance with the Company's policies and extension rules on file with the California Public Utilities Commission at the time contractual arrangements are made. With implementation of Mitigation Measure 13, potential significant impacts would be mitigated to less than significant levels (Draft EIR, p. 5-171). 25 R:~ P~I-larveston SP',City Council~q. ESO CC EIR Findings.doc Electricity Southern California Edison Company (SCE) does not anticipate any significant impacts in providing the project site with electrical power. SCE stands ready to install distribution facilities for the project site. With implementation of Mitigation Measure 14, potential significant impacts would be mitigated to less than significant levels (Draft EIR, p. 5-171 ). Solid Waste Project implementation will increase the amount of solid waste generated in the region, which in turn will increase the demand upon services of waste haulers in the project area. In addition, the construction phase of the development will also produce on-site solid waste (Draft EIR, p. 5- 171). There appears to be adequate landfill space for the present and immediate future, and the City participates in solid waste management activities through its SRRE. Based on this information, no significant solid waste utility impacts are expected with the implementation of Mitigation Measure 15 through 19. The project will be consistent with the goals of the General Plan related to utility systems after implementation of the proposed Mitigation Measures 15 through 19 (Draft EIR, p. 5-172). 2. Findings. The following Mitigation Measures will be implemented to reduce potential public services and utilities impact to a less than significant level: Fire a. Prior to the issuance of building permits, developer of individual projects shall pay the Development Impact Fee - Fire Protection Facilities Component per dwelling unit and per square foot of commercial spaces as adopted by the City of Temecula (Draft EIR, p. 5-176). b. Prior to issuance of building permits, the developer will demonstrate that all structures on-site shall be constructed with fire retardant roofing material as described in section 3202 of the California building Code. All roof materials shall be a class "B" rating and shall be approved by the Fire Department prior to installation (Draft EIR, p, 5-177). c. Prior to the issuance of building permits, the developer will demonstrate that all water mains and fire hydrants provide required for flows and shall be constructed in accordance with the appropriate sections of the Temecula Municipal Code Ordinance No. 99-14 and No. 99-23, subject to approval by Temecula Fire Service during design review (Draft EIR, p, 5-177). d. Prior to the issuance of building permits, the developer will demonstrate compliance with fire flow, street width, and design requirements as established by the City and County departments, as appropriate (Draft EIR, p, 5-177). Police e. Prior to the approval of development plans, the developer shall incorporate the following crime prevention measures within the detailed design plans for each tract map submitted to the City for review. The City of Temecula, Crime Prevention Officer shall review detailed plans for proposed residential and commercial uses in order to insure incorporation on these measures (Draft EIR, p, 5-177): R:~S ]5.~a~rvcston S[SCit¥ Council~RESO CC EIR Findings.doc · On-site street, walkways and bikeways shall be illuminated in order to enhance night time visibility; · Doors and windows shall be visible from the street and between buildings in order to discourage burglaries and potential suspect hiding places; · Fencing heights and materials utilized are intended to discourage climbing; · The numbering identification system utilized on-site shall be visible and readily apparent in order to aid emergency response agencies in quickly finding specific locations; and · Walls along backbone streets will utilize graffiti resistant materials in their construction. In addition, shrubs, vines and espaliers shall be planted along the outside of these walls in order to provide coverage thereby further discouraging graffiti and climbing. Schools f. The project developer has entered into a Mitigation Agreement with the Temecula Valley Unified School District to insure the provision of adequate facilities at the time of project occupancy. The developer has been required to provide a school site and/or pay school fees pursuant to the agreement. (Draft EIR, p, 5-177). g. The conveyance of the elementary school site has occurred in accordance with District policies in effect at the time of development. The agreement regarding conveyance shall be provided to the City prior to the recordation of the tentative tract map for Phase 1 (Draft EIR, p. 5-177, 178). Parks and Recreation h. Prior to tentative map approval for individual planning areas, all recreational facilities shall be reviewed and approved by the Temecula Community Services Department (TCSD) and the Planning Department, to ensure that said facilities are in accordance with the City of Temecula standards (Draft EIR, p, 5-178). i. Prior to the approval of the final map for individual planning areas, the developer will dedicate land or contribute to the City's in lieu park fees in accordance with the City of Temecula Subdivision Ordinance (Draft EIR, p, 5-178). j. Prior to final map approval for individual planning areas, the developer will certify that ownership and maintenance of all open space/conservation areas will be the responsibility of a private entity and/or the Temecula Community Services Department, as determined by the Temecula Community Services Department (Draft EIR, p, 5-178). k. Prior to the issuance of building permits for Phase 2, specified in the Specific Plan, the 16.5-acre Community Park shall be completed per TCSD requirements and conveyed by grant deed to the City of Temecula (Draft EIR, p. 5-178). Library ]. Prior to the issuance of building permits, developer of individual projects shall pay the Development Impact Fee - Libraries Component (Draft EIR, p, 5-178). 27 R:~S P~larveston SPXCity CouncilXRESO CC EIR Findings.doc Public Transportation impacts are addressed in Section 5.3 of the Draft EIR. Please refer to Mitigation Measures 6 through 8 in Transportation / Circulation Section of this Mitigation Monitoring Program (Draft EIR, p, 5-178). Water Because implementation of the project as proposed, including the Specific Plan master utility plans, standard conditions, and uniform codes, is not expected to produce any significant impacts on water, no mitigation measures are necessary (Draft EIR, p, 5-178). Sewer Because implementation of the project as proposed, including the Specific Plan master utility plans, standard conditions, and uniform codes, is not expected to produce any significant impacts on sewer, no mitigation measures are necessary (Draft EIR, p. 5-179). Storm Drainaqe / Flood Control Please refer to Hydrology and Drainage Section of this Mitigation Monitoring Program for a discussion of impacts related to storm drainage (Draft EIR, p. 5-179). Natural Gas m. Prior to issuance of building permits, The Gas Company or designated natural gas provider shall be consulted with during the building design phase for further energy conservation measures Draft EIR, p. 5-179). Electricity n. Prior to ~ssuance of building permits, Southern California Edison (SCE) shall be consulted with during the building design phase for further energy conservation measures (Draft EIR, p. 5-179). Solid Waste o. Prior to the issuance of occupancy permits, the developers will inform all refuse generators within the project site, in writing, about opportunities for recycling and waste reduction (i.e., buy-back centers, curbside recycling, etc.). The use of such facilities will be encouraged by the developer, through information (e.g., materials accepted, location, etc.) provided in sales literature (Draft EIR, p. 5-179). p. Prior to the issuance of building permits, the developer will provide adequate areas for collecting and loading recyclable materials (recycling areas) in the commercial and multi-family residential areas. This will help the City comply with the California Solid Waste Reuse and Recycling Access Act of 1991 (AB 1327). The developer will also demonstrate compliance with established standards for design, siting, and operation of recycling areas and programs (Draft EIR, p. 5-179). 28 R:\$ P~Harveston SP~Cit¥ Council'~RESO CC EIR Findings.doc q. All residential units within the Harveston Specific Plan shall participate in the City's three (3) bin recycling system for the collection of solid waste, recyclable, and green waste materials (Draft EIR, p. 5-179). r. All multi-family, commercial, and industrial waters shall be processed at the material Recovery Facility in the City of Perris or similar recovery facility (Draft EIR, p. 5-179). s. Proof shall be provided to TCSD that, construction debris, including but not limited to lumber, asphalt, concrete, sand, paper, metal, etc. shall be recycled (Draft EIR, p. 5-179). 3. Supporting Explanation. All utility and public services improvements proposed as part of the Harveston Specific Plan/EIR will meet applicable City of Temecula, County of Riverside, and uniform codes (i.e., plumbing, fire, building) including potable water and sewer pipelines, electrical cables and writing, and natural gas lines. The proposed improvements will go through City's development review process and construction inspection program to ensure proper compliance with these standards and codes (Draft EIR, p. 5-176). The proposed project will create increased demand for public services and utilities on a local and regional basis. After mitigation, potential project impacts are reduced to a less than significant level. Additionally, the project, in conjunction with other past, present and reasonably foreseeable future projects, will create an increased demand on fire, police, schools, parks and recreation, library, public transportation, water, sewer, storm drainage/flood control, natural gas, electricity, and solid waste services and facilities. Implementation of mitigation measures will reduce each incremental cumulative impact on the associated public services and/or utilities to a level less than significant (Draft EIR, p. 5-180). P. Cultural Resources 1. Potential Significant Impact. Pursuant to Section 15064.5 of the CEQA Guidelines, the proposed project would not result in substantial adverse change in the significance of a historic or archaeological resource; however, it may directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. According to the General Plan, the project site does not contain areas of sensitivity for archaeological resources, but it does contain areas considered to be high in sensitivity for paleontological resources. RMW Paleo Associates prepared a cultural resource study for the Specific Plan area, which consisted of a literature review and records search and a walkover survey (Initial Study, p. 7). 2. Findings. a. Inspection personnel will monitor onsite grading, including excavated soil stockpiles, especially in areas where Pauba or unnamed Sandstone formations are disturbed, for evidence of paleontological, archaeological, or historical artifacts (e.g., shells, fossils, bones, pottery, charcoal deposits, arrowheads, etc.). If any artifacts are discovered during grading, work will be halted and qualified personnel will be retained to examine, evaluate, and determine the most appropriate disposition of the resource(s) (Draft EIR, p. 8-21). 3. Supporting Explanation. According to the study, no archaeological sites were found on the project site. Although paleontological sites were not found on the site, according to the study, project implementation could expose fossils through grading and other 29 R:~S P~Harveston SPeCify Council~RESO CC EIR Findings.doc development activities. Implementation of the above mitigation measure ensures that exposure of cultural resources during grading/construction does not occur (Initial Study, p. 7). Section 4. The City Council hereby finds that, despite the incorporation of mitigation measures outlined in the Draft EIR, the following impacts cannot be fully mitigated to a less than significant level, and a Statement of Overriding Considerations is therefore included herein: A. Air Quality (Short-term Construction Related and Long-term) 1. Potential Significant Impact. The proposed project will have a short-term impact on air quality from construction activities. The grading of the project site, the construction of the buildings, and construction worker trips will create temporary emissions of dust, fumes, equipment exhaust, and other air contaminants throughout the project construction period. Pollutant emissions can vary substantially from day to day, depending on the level of activity, the specific operations, and the prevailing weather (Draft EIR, p. 5-97). Additionally, the proposed project will result in short-term air quality impact by daily exceeding the threshold for NOx. It will also add emissions to a non-attainment air basin causing significant impact, which cannot be mitigated (Draft EIR, p. 2-12). The proposed project will also result in long-term air quality impact by daily exceeding the threshold for CO, NOx, PM10 and ROG. The proposed project will add emissions to a non- attainment air basin, causing significant impact (Draft EIR, p. 2-15). The proposed project in conjunction with other past, present, and reasonably foreseeable future projects will result in significantly cumulative long-term impacts to air quality (Draft EIR, 2-16). 2. Findings. Implementing the following mitigation measures will reduce long-term air quality impacts to the extent feasible: a. Prior to grading and construction, the developer shall be responsible for compliance with the following (Draft EIR, p. 5-101 ): i. During clearing, grading, earth moving, or excavation, maintain equipment engines in proper tune, ii. crust on the surface with repeated dust pick up be the wind. After clearing, grading, earth moving, or excavation: 1) Wet the area down, sufficient enough to form a soakings, as necessary, to maintain the crust and prevent 2) 3) Spread soil binders; and Implement street sweeping as necessary. iii. During construction: 1) Use water trucks or sprinkler systems to keep all areas where Vehicles move damp enough to prevent dust raised when leaving the site; 2) Wet down areas where vehicles move damp enough to prevent dust raised when leaving the site; 3) Use Iow sulfur fuel (.05% by weight) for construction equipment. iv. Discontinue construction during second stage smog alerts. 30 R:~S P~-Iarveston SP~City Council'xRESO CC EIR Findings.doc b. Prior to grading and construction, the developer shall be responsible for compliance with the following (Draft fIR, p. 5-101,102): i. Require a phased schedule for construction activities to minimize daily emissions. ii. Schedule activities to minimize the amount of exposed excavated soit during and after the end of work periods. iii. Treat unattended construction areas with water (disturbed lands which have been, or are expected to be unused for four or more consecutive days). iv, possible on construction sites. at construction sites. Require the planting of vegetative ground cover as soon as Install vehicle wheel-washers before the roadway entrance vi. Wash off truck leaving sites. vii. Require all truck hauling dirt, sand, soil, or other loose substances and building materials to be covered, or to maintain a minimum freeboard of two feet between the top of the load and the top of the truck bed sides. viii. Use vegetative stabilization, whenever possible, to control soil erosion from storm water especially on super pads. ix. Require enclosures or chemical stabilization of open storage piles of sand, dirt, or other aggregate materials. x. Control off-road vehicle travel by posting driving speed limits on these roads, consistent with City standards. xi. Use electricity from power poles rather than temporary diesel or gasoline power generators. c. Prior to grading and construction, the developer shall be responsible for the paving of all access aprons to the project site and the maintenance of the paving (Draft EIR, p. 5-102). d. Prior to issuance of grading permits, the developer shall be responsible for assuring that construction vehicles be equipped with proper emission control equipment to substantially reduce emissions (Draft EIR, p. 5-102). e. Prior to issuance of grading permits, the developer shall be responsible for the incorporation of measures to reduce construction related traffic congestion into the project grading permit. Measures, subject to the approval and verification by the Public Works Department, shall include, as appropriate (Draft EIR, p. 5-102): i. Provision of rideshare incentives. 3! R:~ P~-Iarveston SPiCily Council~RESO CC E1R Findings.doc ii. Provision of transit incentives for construction personnel. iii. Configuration of construction parking to minimize traffic interference. iv. Measures to minimize obstruction of through traffic lanes. v. Use of a flagman to guide traffic when deemed necessary. f. Prior to the building/construction operations, individual contractors will commit in writing to the following (Draft EIR, p. 5-102): i. Scheduling receipt of construction materials to non-peak travel periods (i.e., 7:30 - 8:30 AM and 4:00 - 6:00 PM); ii. Routing construction traffic through areas of least impact sensitivity; and iii. Limiting lane closures and detours to oft-peak travel periods. g. Prior to the approval of tentative maps and/or development plans, developers will submit tract maps and/or street improvement plans to the RTA for review and comment regarding bus turnouts, shelter, etc. Transit-oriented facilities and design features will be incorporated into the design of the project as appropriate, to the satisfaction of the City. City staff will focus of the review plans for commercial uses to provide transit related features (Draft EIR, p. 5-102). h. Prior to the approval of a development plan, City staff will review plans, especially for commercial and park uses, for the provision of appropriate, necessary, and adequate pedestrian and bicycle facilities (Draft EIR, p. 5-103). i. Prior to the approval of a development plan, City staff will review plans for all service commercial uses to encourage the provision of park and ride facilities (Draft EIR, p. 5-103). j. Prior to the issuance of building permit, the developer shall provide proof to the City's Traftic Engineer that the project has contributed its fair-share towards regional traftic improvement systems (i.e., traftic impact fees) for the area. This shall include efforts to synchronize traffic lights on streets impacted by project development (Draft EIR, p. 5- 103). k. Prior to the issuance of building permits, the developer shall provide proof that energy saving features will be installed in project homes as required by the California Building Code. Features may include: solar or Iow-emission water heaters, solar roof tiles, energy efticient appliances, dual paned windows, Iow-pressure sodium parking lights, etc. Additionally, residential products constructed by the home building division of Lennar shall incorporate "Comfort Wise" energy-efficiency features (Draft EIR, p. 5-103). 32 R:~S P~Harveston SP\City Council~RESO CC EIR Findings.doc 3. Supporting Explanation. The proposed project is anticipated to exceed SCAQMD's daily threshold emission levels for construction activities. Further, the addition of emissions to an air basin designated as non-attainment is considered under CEQA to be a significant impact. Mitigation Measure 1 though 6 are proposed to reduce this impact (Draft EIR, p. 5-103). The proposed project, in conjunction with other past, present, and reasonably foreseeable future project, will result in a short-term air quality impact due to construction activities. The addition of emissions to an air basin designated as non-attainment is considered under CEQA to be a significant impact. The project's incremental contribution to this impact will be reduced by Mitigation Measures 1 through 6. The project's incremental impact, after mitigation, remain significant (Draft fIR, p. 5-103). The City of Temecula requires all projects within its jurisdiction to conform with SCAQMD Rule 403.2 and other applicable SCAQMD regulations regarding grading and construction. The SCAQMD Rule 403.2 includes standard conditions for construction activities to minimize the production of air pollutants including fugitive dust (Draft EIR, p. 5-101). The proposed project is anticipated to exceed SCAQMD's daily threshold emission levels for CO, NOx, PM10 and ROC. The daily exceedance of the thresholds for CO, NOx, PM10 and ROC is a long-term air quality impact. Further, the addition of emissions to an air basin designated as non-attainment is considered under CEQA to be a significant impact. Mitigation Measure g and k are proposed to reduce this impact. This impact even with proposed mitigation cannot be reduced to a level less than significant (Draft EIR, p. 5-103). The proposed project, in conjunction with other past, present, and reasonably foreseeable future projects, will result in significant cumulative long-term impacts to air quality. The addition of emissions to an air basin designated as non-attainment is considered under CEQA to be a significant impact. Mitigation Measures g through k will reduce the proposed project's incremental contribution to this impact by reducing the proposed project's mobile and stationary source emissions. The project's incremental impact, after mitigation, remains significant (Draft EIR, p. 5-103). Under CEQA Guidelines Section 15093, a Statement of Overriding Considerations would need to be adopted for the air quality impacts, which remain significant after mitigation (Draft EIR, p. 5-103). B. Cumulative Impact on Air Quality 1 Potential Significant Impact. The proposed project, in conjunction with other past, present, and reasonably foreseeable future projects, will result in a short-term air quality impact due to construction activities. The addition of emissions to an air basin designated as non-attainment is considered under CEQA to be an impact (Draft EIR, p. 5-100). The proposed project in conjunction with other past, present, and reasonably foreseeable future projects will result in significant cumulative long-term impacts to air quality. The addition of emissions to an air basin designated as non-attainment is considered under CEQA to be an impact. The project's incremental impact cannot be reduced to a level less than significant (Draft EIR, p. 5-100). 2. Findings. The same mitigation measures identified in Section 4.1 above will help to slightly lessen the cumulative air quality impacts. Yet, no feasible mitigation measures exist which would reduce the cumulative impact of average daily pollutant emissions to a less than significant level. 33 R:XS PXHarveston SP~City Council~RESO CC EIR Findings.doc 3. The City of Temecula requires all projects within its jurisdiction to conform with SCAQMD Rule 403.2 and other applicable SCAQMD regulations regarding grading and construction. The SCAQMD Rule 403.2 includes standard conditions for construction activities to minimize the production of air pollutants including fugitive dust (Draft EIR, p. 5-101). The proposed project is anticipated to exceed SCAQMD's daily threshold emission levels for CO, NOx, PM10 and ROC. The daily exceedance of the thresholds for CO, NOx, PM10 and ROC is a long-term air quality impact. (Draft EIR, p. 5-103). The proposed project, in conjunction with other past, present, and reasonably foreseeable future projects, will result in significant cumulative long-term impacts to air quality. The addition of emissions to an air basin designated as non-attainment is considered under CEQA to be a significant impact. Mitigation Measures g through k will reduce the proposed project's incremental contribution to this impact by reducing the proposed project's mobile and stationary source emissions. The project's incremental impact, after mitigation, remains significant (Draft EIR, p. 5-103). Under CEQA Guidelines Section 15093, a Statement of Overriding Considerations would need to be adopted for the air quality impacts, which remain significant after mitigation (Draft EIR, p. 5-103). Section 5. Alternatives. The City Council hereby declares that it has considered the alternatives identified in the Draft EIR as described below. CEQA requires that an EIR evaluate a reasonable range of alternatives to a Project, or to the location of the Project, which: (1) offer substantial environmental advantages over the Project proposal, and (2) may be feasibly accomplished in a successful manner within a reasonable period of time considering the economic, environmental, social and technological factors involved. An EIR must only evaluate reasonable alternatives to a Project which could feasibly attain most of the Project objectives, and evaluate the comparative merits of the alternatives. In all cases, the consideration of alternatives is to be judged against a "rule of reason." The lead agency is not required to choose the "environmentally superior" alternative identified in an EIR if the alternative does not provide substantial advantages over the proposed Project and (1) through the imposition of mitigation measures the environmental effects of a Project can be reduced to an acceptable level, or (2) there are social, economic, technological or other considerations which make the alternative infeasible The City's General Plan identifies goals and policies that are relevant to the Specific Plan and the City as a whole, which are to provide for the orderly development of Temecula, in general, and also specifically for the Harveston site. A. Land Use Alternative 1. Description. The "Business Park Land Use" alternative proposes 30-acre of Business Park within southern portion of Planning Area 12 which under the proposed project is designated as Service Commercial. Please note that the proposed alternative described herein would be designated as "Business Park" in the City of Temecula General Plan and would be similar to the "Light Industrial" under the City of Temecula Development Code. The advantage of this alternative is to create a better transition between the Service Commercial within the Specific Plan area (remaining 82.4 acres of the proposed Service Commercial) and the existing adjacent Business Park/Light Industrial uses to the south. Additionally, while creating a more compatible use with the existing surrounding uses to the south, the addition of 34 R:YS P~Iarveston SP~City Council'~RESO CC EIR Findings.doc this use diversity within the overall Specific Plan area. It introduces new uses within the Business Park designation which otherwise would not be permitted within the Harveston Specific Plan. Depending on the final location of the interchange, the Business Park alternative may constrain the ability to implement commercial uses south of Date Street. If the alternative Cherry Street alignment is selected, the exact business park area would be somewhat modified but would remain roughly the same size (Final EIR, p. 6-2). This alternative is to be consistent with the Rate and Method of Apportionment adopted as part of Community Facility District 98- 01. 2. Finding. The Planning Commission finds that the environmental impacts for this alternative would remain the same as the original proposed project, except for transportation/circulation impacts, which are reduced from the proposed project. The reduction of traffic under this alternative resulting in reduced transportation/circulation impacts would also be carried through to air quality and noise impacts (Draft EIR, p. 6-2). 3. Supporting Explanation. This alternative is feasible. While it meets the City's objectives, it does not meet the developer's objective to maximize future potential property values. This alternative does not require any additional land that would not be under the City or developer's ownership. This alternative reduces overall traffic by reducing total ADT by (6%). This reduction would also create less long-term air quality and noise impacts compared to the original proposed land use plan. It introduces better compatibility with the existing uses to the south and creates more diversity within the Specific Plan area. This alternative should remain under consideration (Draft EIR, p. 6-4). B. City-Wide Build-Out Circulation Alternatives 1. Description. As indicated in the April 1999, Notice of Preparation for this project and within Section 5.3 of this EIR, the City of Temecula's Circulation Element Update is currently in progress (Draft EIR, p. 6-5). The proposed Land Use Plan (Exhibit 4 in Section 3.0) identifies proposed land uses, as well as a proposed Circulation Plan that would accommodate the City's Citywide transportation needs. The Date Street Connection (as shown on Exhibit 4) is identified on the City's Existing Circulation Element. As identified within Section 5.3 of this EIR, under the City's Ultimate Build-Out Traffic Scenario, significant cumulative build-out impacts (i.e., LOS D or greater) occur along several roadways in the project vicinity (refer to Exhibit 44). The following circulation alternatives were analyzed in the EIR (Draft EIR, p. 6-5). Alternative 1 - Cherry Street Interchange Alternative The current Draft Proposed Circulation Plan that refers to a Cherry Street Connection (Over- crossing / Interchange Alternative) is consistent with the recently adopted Circulation Plan roadway configuration within the City of Murrieta. The objectives of this alternative Circulation Plan were: 1) to conform to the General Plans for the Cities of Temecula and Murrieta, 2) to maintain the Cherry Street Connection and any associated improvements wholly within the Temecula City Limits, and 3) maintain an alignment, which is consistent with City Traffic Engineer Design Standards. Alternative 2 - Date Street Over-Crossing Alternative This roadway configuration alternative proposes a Date Street over-crossing, which has been incorporated into the build-out model network component. A build-out traffic analysis was performed for this alternative (Draft EIR, p. 6-8). 35 R:~S P~Harveston SP~City Council~RESO CC EIR Findings.doc Alternative 3 - Cherry Street Over-Crossing Alternative This roadway configuration alternative proposes a Cherry Street over-crossing, which has been incorporated into the build-out model network component. A build-out traffic analysis was performed for this alternative (Draft EIR, p. 6-8). 2. Finding. The City Council finds that because the three (3) above described circulation alternatives would essentially include the same quantity of development (i.e., 1,921 dwelling units and + 112 acres of Service Commercial). The majority of environmental issue impacts associated with the circulation alternatives would essentially be similar to the impacts identified in the EIR (i.e., biology, geology, etc). Aside from the differences in the long-term City-wide traffic impacts, the Cherry Street Connection Circulation Alternatives would result in a slightly larger Arroyo Park (+ 1.5 acres) and the Cherry Street Interchange alternative would require the acquisition of additional property not currently under the developer's or City's ownership. Both the Date and Cherry Over Crossing Only Alternatives would result in greater long-term Citywide circulation impacts (Draft EIR, p. 6-8). Therefore, the City Council hereby adopts the Cherry Street Intemhange Alternative. 3. Supporting Explanation. The above discussed circulation alternatives are feasible. The Cherry Street Connection Alternatives would require land not currently under the City or developer ownership. The Draft Circulation Plan Alternative with a Cherry Street Interchange does reduce long-term Citywide circulation impacts over the existing adopted City's Circulation Element. It should be noted that the Draft Circulation Plan Alternative with a Date Street Intemhange would result in similar Citywide circulation improvements beyond the City's existing Circulation Element. Both the Date and Cherry Over-crossing Alternatives would result in greater long-term Citywide circulation impacts (Draft EIR, p. 6-12). C. Community Park Design Alternatives 1. Description. The five (5) Community Park design alternatives were developed in response to suggestions / input from Temecula Community Services Department (TCSD) and the City of Temecula Planning Department, following their review of the original Conceptual Community Park Plan (Draft EIR, po 6-14). Aside from the variation in the layout of park facilities (which do not change the impacts analysis results), the five (5) proposed park design alternatives incorporate the following modifications: 1) the realignment of Equity Drive, and 2) the utilization of the 1.25-acre out parcel in Alternatives 1 through 4. The rational for these modifications are: 1) the Equity Drive realignment provides for greater buffer / separation of the proposed park from the existing Winchester Highlands Business Park uses (i.e., Channel Commercial), and 2) the utilization of the 1.25-acre excluded parcel allows for a more balanced park parcel configuration, which result in a greater efficiency of park facility layout. The discussion below summarizes each design alternative. It should be noted that the key difference between these alternatives for CEQA analysis purposes is the Equity drive interface and how the excluded-parcel issue is addressed (Draft EIR, p. 6-14). Alternative 1 - Equity Drive Realiqnment and Use of Excluded Parcel This alternative includes all the TCSD required facilities. Although the ballfields meet the TCSD dimension criteria, there is some overlap in centerfield of the baseball / softball fields. This alternative requires approximately 12 light poles for the athletic fields. (Draft EIR, p. 6-14). 36 R:XS P~,Harveston SPXCity Council~RESO CC E1R Findings.doc Alternative 2 - Equity Drive Realiqnment and Use of Excluded Pamel This alternative is a slight variation of the alternative 1 layout with the parking lot off Equity Drive shifting below the picnic area. The snack facility was also moved in this alternative. This alternative includes all the required TCSD facilities; however, in an effort to reduce the balifield overlap, the 2 softball fields were reduced to 260' from 300'. The 2 baseball fields still remain at 300'. Additionally, 4 basketball courts (not a TCSD required facility) were provided in this plan. This alternative requires approximately 11 light poles for the athletic fields (Draft EIR, p. 6-15). Alternative 3 - Equity Drive Realiqnment and Use of Excluded Parcel This alternative is a further variation of the alternative 2 layout with the parking lot, picnic area, and snack facility remaining in the same location as alternative 2. However, the ballfields are laid out in a different manner with the diamonds side by side and the bleachers back to back. This configuration is the most efficient from a facility standpoint, and allows a direct path from the bleachers to the snack facility. This alternative includes all the TCSD required facilities; however, in an effort to reduce the ballfield overlap, the 2 softball fields were reduced to 260' from 300'. The 2 baseball fields still remain at 300'. Additionally, 4 basketball courts (not a TCSD required facility) were provided in this plan. This alternative requires approximately 11 light poles for the athletic fields (Draft EIR, p. 6-15). Alternative 4 - Equity Drive Realiqnment, But No Use of the Excluded Parcel This alternative is a partial variation of the alternative 1 layout with the parking lots, picnic area, and tot lot/play area occurring in a similar location to that of alternative 1. The layout of the fields is however, modified from alternative 1 to be more efficient. The baseball / softball diamonds and bleachers are all back to back with the snack facility centrally located between the four fields. This alternative includes all the TCSD required facilities; however, in an effort to reduce the ballfield overlap, the 2 softball fields were reduced to 260' from 300'. This alternative requires approximately 12 light poles for the athletic fields (Draft EIR, p. 6-15). Alternative 5 - Equity Drive Realiqnment, But No Use of the Excluded Pamel This alternative is a slight variation of alternative 3 with the exception that the parking lot at Equity Drive and a smaller picnic area is shifted to allow for the excluded parcel to remain. The basketball courts provided in alternative 3 are eliminated in this alternative. The ballfields area laid out in the same manner as alternative 3 with the diamonds side by side and the bleachers back to back. This configuration is the most efficient from a facility standpoint, and allows a direct path from the bleachers to the snack facility. This alternative requires approximately 11 poles from the athletic fields (Draft EIR, p. 6-15). 2. Finding. The Planning Commission finds that because ail of the above described park alternatives are the same size (i.e., approximately 16.5 acres) and essentially occur in the same location as the original Community Park Plan, the environmental issue impacts associated with the park alternatives would essentially be similar to the impacts identified in the EIR. The following are the major differences and issues, which may affect the feasibility of the alternatives (Draft EIR, p. 6-20): · The alternatives would require acquisition of additional property not currently under the developer's or City's ownership (alternatives I through 5 would require land for the Equity Drive realignment, and alternatives 1 through 4 would require excluded parcel acquisition). 37 R:~S PXHarveston SPXCity Council'xRESO CC EIR Findings.doc · The alternatives do provide a greater buffer between the Community Park and existing Channel Commercial. · The alternatives 1 through 4 do provide for a more efficient park parcel with a greater amount of useable area. 3. Supporting Explanation. These alternatives are typically feasible. They also meet the City and project developer objectives; however Alternatives 1-3 would require land not currently under City or developer ownership. Because Alternatives 1-3 require land not currently under City or developer ownership and could potentially impede the development of the Community Park, they are not the preferred alternatives and should be rejected from further consideration. All of these alternatives do not substantially reduce impacts associated with the original Plan, although they do provide for a greater buffer and more efficient park layouts. Alternatives 4 and 5 should remain under consideration (Draft EIR, p. 6-21). D. CEQA Alternatives 1. Descriptions> Alternative 1 - No Proiect / No Development An evaluation of a "No Project/No Development" alternative is required by CEQA Guidelines Section 15126(d)(2). Under this alternative, the proposed project would not be implemented and the site would remain in its current undeveloped state (Draft EIR, p. 6-21). 2. Finding. The Planning Commission find that the "No Development" Alternative fails to address many of the Goals identified in the City's General Plan. The No Project/No Development alternative would restrict development of the project site by not allowing the construction of the uses proposed as a result of the Specific Plan. Land uses within the project area would remain as they are currently and no development identified in the specific Plan would occur (Draft EIR, p.6-21). Based on the above rationale, it is determined that the proposed Harveston project would already be creating less impacts compared to the General Plan buildout assumptions. The City of Temecula has become more urbanized, potential sites appropriate for development of specific plan projects have become more scarce. Currently, the proposed Harveston project site is one the last remaining pieces of undeveloped land proposed for a specific plan (Draft EIR, p. 6-24). 3. Supporting Explanation. The assumption that no development at all would occur within the project boundary is an unlikely outcome based on existing zoning and the existing General Plan Land Use designations. This alternative does not meet the Project developer's objectives such as provision of residential, park/recreational and public/institutional (i.e., school) uses. Nor does it meet the City's objectives for the site such as (Draft EIR, p. 6- 23): 38 R:~ PXHarveston SPXCity Council~RESO CC EIR Findings.doc It is, however, environmentally consideration (Draft EIR, p. 6-23). · Provide a variety of housing types and opportunities for all economic segments of the community; · Develop new residential housing, which is compatible with the character of existing individual neighborhoods and minimizes land use incompatibility; · Encourage the use of Specific Plans in the undeveloped areas of the community; and · Ensure that a full range of public facilities and services are provided to meet the needs of the community. · Provide a complete and integrated mix of residential, service commemial, recreation, public and open space land uses. · Provide a land use pattern and intensity of development that encourages alternative modes of transportation, including transit, bicycling, and walking. · Ensure that right-of-way dedication is provided to meet the City's long-term cimulation goals and needs as identified in the Cimulation Element of the General Plan. superior to the proposed project and remains under E. Other Alternatives Not Analyzed Alternative 2 - Development Under Ex st nq General Plan/Zon n.q The Harveston project proposes 1,921 dwelling units, which is below the general plan buildout of 39,658 dwelling units. Additionally, the proposed number of vehicle trips from the Specific Plan is lower compared to the buildout of the General Plan. The site has a SP zoning designation and has been analyzed as a Specific Plan area under the General Plan EIR. The currently proposed Specific Plan has made minor changes to existing General Plan land use configurations by shifting certain uses around. The following lists the major differences in the Harveston Specific Plan (Draft EIR, p. 6-24): · Location of the community park has changed from a more internal location to be moved adjacent to the service commercial (across and adjacent to Ynez Road) to provide more Citywide visibility of the park. · The currently proposed specific plan includes more open space and recreation facilities than depicted on the General Plan land use map for the site. · A riparian habitat is proposed, as an Arroyo Park to preserve and enhance the US waters and Fish and Game streambed. The Arroyo Park contains an area of 13.8 acres and is located across Date Street, within Planning Areas 10 and 11. 39 R:~ P'xHarveston SP~City Council'~RESO CC EIR Findings.doc Development under existing General Plan/Zoning would not be an environmentally superior alternative because the environmental impacts would be more significant than the proposed project. No further analysis is warranted (Draft EIR, p. 6-24). Alternative 3 - Alternative Location This alternative considers locating the proposed project at a different site. This alternative is required by CEQA and is intended to evaluate the option of the development of the proposed project at another site. Pursuant to CEQA Guidelines, any alternative site evaluated herein must have similar characteristics as the project site including size, landform, and amenity opportunities. Development would include the same type of use, density, and intensity as the proposed project site (Draft EIR, p. 6-24). With regard to alternative locations for a Project, the CEQA Guidelines state that such analysis should be performed if "significant effects of the Project would be avoided or substantially lessened by putting the Project in another location" (Section 15126[d][5][B]). This EIR does not consider an alternative site for the following reasons: (a) Since the Project covers such a large area (549.5 acres), a similar site with existing infrastructure improvements, and one that is not already master planned for urban development, does not exist within the City of Temecula; and (b) Locating the same project at another site would not avoid or lessen the identified unavoidable significant (i.e., air quality) of the project; (c) the project proponent could not reasonably acquire an alternative site (Draft EIR, p. 6-24). Due to the fact that the City does not have a comparable area within its jurisdiction, the alternative location would not be a viable option. No further analysis is warranted (Draft EIR, p. 6-24). Section 6. Project Benefits and Statement of Overriding Considerations Pursuant to State CEQA Guidelines section 15093, the City Council must balance the benefits of the Specific Plan against any unavoidable environmental impacts in determining whether to recommend approval of the Harveston Specific Plan. If the benefits of the Specific Plan outweigh the unavoidable adverse environmental impacts, those impacts may be considered "acceptable." The City Council hereby finds that the Draft EIR has identified and discussed significant effects that will occur as a result of the Specific Plan. With the implementation of the mitigation measures discussed in the Draft EIR and Specific Plan, these effects can be mitigated to a less than significant level except for the unavoidable significant impacts as discussed in Section 4 of these Findings. The City Council declares that it has made a reasonable and good faith effort to eliminate or substantially mitigate the potential impacts resulting from the Specific Plan. The City Council finds that to the extent any mitigation measures recommended in the Draft EIR and/or Specific Plan could not be incorporated, such mitigation measures are infeasible because they would impose restrictions on the Specific Plan that would prohibit the realization of specific economic, social, and other benefits that this Planning Commission finds outweigh the unmitigated. The City Council declares that, having reduced the adverse significant environmental effects of the Specific Plan to the extent feasible by recommending adopting of the proposed mitigation 4O ESS PXHarveston SPXCity Council~RESO CC EIR Findings.doc measures, having considered the entire administrative record on the Specific Plan, and having weighed the benefits of the Specific Plan against its unavoidable adverse impacts after mitigation, the Planning Commission has determined that the following social, economic, and environmental benefits of the Specific Plan outweigh the potential unavoidable adverse impacts and render those potential adverse environmental impacts acceptable based upon the following overriding considerations: ]. The Specific Plan will allow the orderly, well planned development of the Harveston site, providing a range of housing types complementary to existing development in the City (Specific Plan, p. 3-1 & -5). 2. The Specific Plan introduces a "unified project design" with standards and requirements for architectural forward residential development (Specific Plan, p. 10-68). 3. The Specific Plan will provide for the development of a Village Center concept that centralizes activities, consistent with General Plan policy (Specific Plan, p. 3- 1). 4. The Specific Plan will provide over 75 acres of active and passive recreational park space (i.e., the lake as a central theme) (Specific Plan, p. 3-1, -6 & -7). The park recreation and open space provided by the Specific Plan is in excess of twice the open space uses provided for in the existing General Plan. 5. The Specific Plan will integrate into the community an open space network comprised of parks, paseos, and connecting pedestrian/bicycle routes (Specific Plan, p. 3-6). 6. The Specific Plan will include a 16.5-acre Community Park with four lighted 300' baseball/softball field with 2 full size soccer field overlays; 100 parking spaces within the park off Equity Drive; 25 parking spaces within the park off the Loop Road; large snack badrestroom facility (1,800 square feet); small restroom adjacent to tot lot and picnic areas; and ball field and park lighting to be approved by the City. ?. The Specific Plan will provide for the development of neighborhood and community commercial centers to provide needed services and reduce the number of cars traveling across the City for these services (Specific Plan, p. 3-5 & -6). 8. The Specific Plan will provide housing to meet anticipated population growth throughout the Temecuia Valley (Specific Plan, p. 3-1 & -5). 9. The Specific Plan has provided for a new elementary school site prior to the construction of the first dwelling unit (Specific Plan, p. 3-6). R:~S P~Harveston t0. The Specific Plan will provide for the improvement of currently inadequate regional flood control facilities to provide 100-year storm protection {Specific Plan, p. 5-1). 11. The Specific Plan has provided in accordance with CFD 98-01 roadway improvements consistent with the General Plan Circulation Element and Specific 41 SP~City Council~RESO CC EIR Findings.doc Plan 3-7. 12. The Specific Plan accomplishes and implements the Temecula General Plan goals and policies (Specific Plan, p. 2-2 & 3-9). 13. During the life of the project, the Harveston Specific Plan will pay approximately 27 million in special tax pursuant to CFD 98-01 to finance the design and construction of public improvements currently serving the City in areas adjacent to the Harveston Specific Plan. 14. The proposed General Plan Land Use Designations allocated a total of 53.7 acres of open space compared to the existing General Plan Land Use Designations which allocated 25.4 acres of open space. The proposed general plan land use designations exceed the existing general plan land use designation of open space by 28.3 acres. The City Council finds that the foregoing benefits provided to the public through approval and implementation of the Specific Plan outweigh the identified significant adverse environmental impacts of the Specific Plan which cannot be mitigated. The Planning Commission further finds that each of the Specific Plan benefits outweighs the unavoidable adverse environmental effects identified in the Draft EIR and therefore finds those impacts to be acceptable. Each of the benefits listed above, standing alone, is sufficient justification for the Planning Commission to override these unavoidable environmental impacts. The City Council finds that it has reviewed and considered the Final EIR in evaluating the Specific Plan, that the Final EIR is an accurate and objective statement that fully complies with the CEQA, State CEQA Guidelines and the City's local CEQA Guidelines and that the Final EIR reflects the independent judgment of the Council. The City Council hereby certifies the Environmental Impact Report based on the following findings and conclusions: A. Findings. The following significant environmental impacts have been identified in the Draft EIR and will require mitigation as set forth in Section 4 of this Resolution but cannot be mitigated to a level of insignificance: long-term and short-term project and cumulative air quality impacts. B. Conclusions 1. All significant environmental impacts from implementation of the Specific Plan have been identified in the Draft EiR and, with implementation of the mitigation measures identified, will be mitigated to a level of insignificance, except for those impacts listed in Section 6.1 above. 2. Other reasonable alternatives to the Specific Plan, which could feasibly achieve the basic objectives of the Specific Plan, have been considered and rejected in favor of the Specific Plan. 3. Environmental, economic, social and other considerations and benefits derived from the development of the Specific Plan override and make infeasible any alternatives to the Specific Plan or further mitigation measures beyond those incorporated into the Specific Plan. 42 R:~S PXHarveston SPXCiq' CouncilW, ESO CC EIR Findings.doc Section 7. Selection of Project Alternatives The City Council hereby adopts Circulation Alternative 1 - Cherry Street Interchange and directs that the final Harveston Specific Plan be modified to reflect this selected alternative. Section 8. Adoption of Recommendation for the Adoption of a Mitigation Monitoring and Reporting Program The City Council hereby adopts the Mitigation Monitoring and Reporting Program in Section 8.0 of the Final EIR and attached to this Resolution as Exhibit A. Exhibit A is attached hereto and incorporated herein by this reference as though set forth in full. In the event of any inconsistencies between the mitigation measures as set forth herein and the Mitigation Monitoring and Reporting Program, the Mitigation Monitoring and Reporting Program shall control. Section 9. Location of Records The documents and materials that constitute the record of proceedings on which these Findings have been based are located at the City of Temecula, 43200 Business Park Drive, Temecula, California 92590. The custodian for these records is the City of Temecula Planning Director. This information is provided in compliance with Public Resources Code section 21081.6. Section 10. Effective Date The Resolution shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 14th day of August 2001. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 43 R:\S P\Harveston SP\Ci[y Council~RESO CC EIR Findings.doc EXHIBIT A MITIGATION MONITORING AND REPORTING PROGRAM 45 R:~S P'dtarveston SP\City Council~RESO CC EIR Findings.doc Z © Z 0 © 0 Z © 0 0 0 .~ Z © Z © Z 0 Z © Z © © ATrACHMENT NO 2 DRAFT RESOLUTION APPROVING THE GENERAL PLAN AMENDMENT (PA 99-0419) R:\S P~Harveston SP~City CounciI\STAFFRPT 8-14-01.doc 8 Attachment No. 2 RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 99-0419 (GENERAL PLAN AMENDMENT) FOR THE HARVESTON SPECIFIC PLAN AREA AND THE TWO EXCLUDED PARCELS WITHIN THE SPECIFIC PLAN ON PARCELS TOTALING 550 ACRES LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. Procedural History. The City Council of the City of Temecula does hereby find, determine and declare that: a. Lennar Communities ("Ownef') filed Planning Application No PA99-0419 (General Plan Amendment), PA99-0418 (Specific Plan, Development Code Amendment and Specific Plan Zoning Standards), PA 00-0189 (Environmental Impact Report), PA 99-0245 (Change of Zone), PA99-0446 (Development Agreement), PA00-0295 (Tentative Tract Map 29639), PA01- 0030 (Tentative Tract Map 29928), PA01-0031 (Tentative Tract Map 29929), and PA01-0032 (Tentative Tract Map No. 30088) (the "Application") in accordance with the City of Temecula General Plan and Development Code for land use approvals for a 550 acre planned community located adjacent to and east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road, south of the northern City Limit which area includes the following parcels as designated by Assessor Parcel Numbers: 910-261-001,910-261-002,910-110-013,910-110-015,910-110-020, 910-110-021,910-110-027, 910-110-076, 910-100-007, 910-100-008, 910-060-009, 910-120-003, 910-120-007, 910-120-008, 911-630-001,911-630-002, 911-630-003, 911-640-001,911-640-002, 911-180-002, 911-180-003, 911-180-004, 911-180-008, 911-180-009, 911-180-015, 911-180-023 AND 911-180-028 ("Project"). b. On June 20, 2001 and July 12, 2001, the Planning Commission of the City of Temecula held duly noticed public hearings on the Project at which time all persons interested in the Project had the opportunity and did address the Planning Commission on these matters. c. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2001-025 recommending to the City Council that the Project be approved, subject to certain recommended conditions. d. On July 24, 2001 and August 14, 2001, the City Council of the City of Temecula held duly noticed public hearings on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. e. Followin9 consideration of the entire record of information received at the public hearings before the Planning Commission and the City Council, and due consideration of the proposed Project, the City Council adopted Resolution No. 2001- , entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE HARVESTON SPECIFIC PLAN AND RELATED ACTIONS, AND ADOPTING THE FINDING PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A R:\S P~-larveston SP~City Council\GPA Reso,DOC MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE HARVESTON SPECIFIC PLAN, LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMITS (PLANNING APPLICATION NO. 00-0189)." The Final Environmental Impact Report (FEIR) and mitigation monitoring reporting program accurately addresses the impacts associated with the adoption of this Resolution. Section 2. Findin.qs. That the City Council, in approving the Application, hereby makes the following findings: A. The project as proposed and conditioned is compatible with the health, safety and welfare of the community. The project has been reviewed and determined to be in conformance with the City's General Plan. These documents set policies and standards that protect the health, safety and welfare of the community. Access and circulation are adequate for emergency vehicles. The two excluded parcels not under the applicant's ownership that are located within the Specific Plan shall hereby be re-designated to become compatible with the surrounding land uses of the Harveston Specific Plan. The City hereby finds it necessary to change the Land Use Designation of the two excluded parcels to ensure the public health, safety and welfare of the City and to facilitate future development of these two parcels by removing the requirement for a separate Specific Plan. B. The project is compatible with surrounding land uses. The project proposes similar residential neighborhoods adjacent to existing surrounding neighborhoods, with interface buffers and full roadway improvements. The limited neighborhood commercial development is proposed within a Village Center and is designed to be pedestrian oriented to serve the needs of the Harveston community. The Service Commercial is west of Ynez Road, adjacent to Interstate 15 where similar commercial and retail uses currently exist along the Interstate corridor. C. The proposed project will not have an adverse effect on the community because it remains consistent with the goals and policies of the adopted General Plan. The project does not represent a significant change to the planned land uses for the site. The General Plan Amendment is a relocation and reallocation of existing land use designations that conforms to the design of the specific plan. Section 3. Approval of General Plan Amendment. The City Council of the City of Temecula hereby approves the Application changing the General Plan Land Use Designations on 550 acres on property located east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern City, and known as Assessor Parcel Nos. 910-261-001, 910-261-002,910-110-013,910-110-015,910-110-020,910-110-021,910-110-027,910-110-076, 910-100-007,910-100-008,910-060-009,910-120-003, 910-120-007,910-120-008, 911-630-001, 911-630-002, 911-630-003, 911-640-001,911-640-002, 911-180-002, 911-180-003, 911-180-004, 911-180-008, 911-180-009, 911-180-015, 911-180-023, and 911-180-028, to designate the land uses set fodh in Exhibit A. Exhibit A is attached hereto and incorporated herein bythis reference as though set forth in full. R:\S PXHarveston SP~City Council\GPA Reso. DOC 2 Section 5. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this day of 2001. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 2001- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the day of ,2001, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk R:\S P\Harveston SP\Ci~y Council\GPA Reso DOC 3 EXHIBIT A GENERAL PLAN LAND USE MAP R:~S P~l~rveston SP~City Council~RESO CC GPA .doc 4 I I I I I .- I ATTACHMENT NO 3 DRAFT RESOLUTION APPROVING THE SPECIFIC PLAN (PLANNING APPLICATION NO. 99-0418) R:\S P~Harveston SPXCity CounciI\STAFFRPT 844-01.dcc 9 Attachment No. 3 RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING SPECIFIC PLAN NO. 13 (PLANNING APPLICATION NO. 99- 0418) ON PARCELS TOTALING 550 ACRES LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. Procedural History. The City Council of the City of Temecula does hereby find, determine and declare that: a. Lennar Communities ("Owner") filed Planning Application No PA99-0419 (General Plan Amendment), PA99-0418 (Specific Plan, Development Code Amendment and Specific Plan Zoning Standards), PA 00-0189 (Environmental Impact Report), PA 99-0245 (Change of Zone), PA99-0446 (Development Agreement), PA00-0295 (Tentative Tract Map 29639), PA01- 0030 (Tentative Tract Map 29928), PA01-003t (Tentative Tract Map 29929), and PA01-0032 (Tentative Tract Map No. 30088) (the "Application") in accordance with the City of Temecula General Plan and Development Code for land use approvals for a 550 acre planned community located adjacent to and east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road, south of the northern City Limit which area includes the following parcels as designated by Assessor Parcel Numbers: 910-261-001,910-261-002, 910-110-013, 910-110-015, 910-110-020, 910-110-021,910-110-027, 910-110-076, 910-100-007, 910-100-008, 910-060-009, 910-120-003, 910-120-007,910-120-008, 911-630-001,911-630-002, 911-630-003, 911-640-001,911-640-002, 911-180-002, 911-180-003, 911-180-004, 911-180-008, 911-180-009, 911-180-015, 911-180-023 AND 911-180-028 ("Project"). b. On June 20, 2001 and July 12, 2001, the Planning Commission of the City of Temecula held duly noticed public hearings on the Project at which time all persons interested in the Project had the opportunity and did address the Planning Commission on these matters. c. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2001-025 recommending to the City Council that the Project be approved, subject to certain recommended conditions. d. On July 24, 2001 and August 14, 2001, the City Council of the City of Temecula held duly noticed public hearings on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. e. Following consideration of the entire record of information received at the public hearings before the Planning Commission and the City Council, and due consideration of the proposed Project, the City Council adopted Resolution No. 2001 - , entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE HARVESTON SPECIFIC PLAN AND RELATED ACTIONS, AND ADOPTING THE FINDING PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE HARVESTON SPECIFIC PLAN, LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA R:\S PxHarveston SP~City Council\SP Reso. DOC 1 GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMITS (PLANNING APPLICATION NO. 00-0189)." The Final Environmental Impact Report (FEIR) and mitigation monitoring reporting program accurately addresses the impacts associated with the adoption of this Resolution. Section 2. Findinqs. That the City Council, in approving the Application, hereby makes the following findings: A. The Project as proposed and conditioned is compatible with the health, safety and welfare of the community. The Project has been reviewed and determined to be in conformance with the City's General Plan. These documents set policies and standards that protect the health, safety and welfare of the community. Access and circulation are adequate for emergency vehicles. The two excluded parcels not under the applicant's ownership that are located within the Specific Plan shall hereby be re-designated to become compatible with the surrounding land uses of the Harveston Specific Plan. The City hereby finds it necessary to change the Land Use Designation of the two excluded parcels to ensure the public health, safety and welfare of the City and to facilitate future development of these two parcels by removing the requirement for a separate Specific Plan. B. The Project is compatible with surrounding land uses. The Project proposes similar residential neighborhoods adjacent to existing surrounding neighborhoods, with interface buffers and full roadway improvements. The limited neighborhood commercial development is proposed within a Village Center and is designed to be pedestrian oriented to serve the needs of the Harveston community. The Service Commercial is west of Ynez Road, adjacent to Interstate 15 where similar commercial and retail uses currently exist along the Interstate corridor. C. The proposed Project will not have an adverse effect on the community because it remains consistent with the goals and policies of the adopted General Plan. The Project does not represent a significant change to the planned land uses for the site. The General Plan Amendment is a relocation and reallocation of existing land use designations that conforms to the design of the specific plan. Section 3. Approval of Harveston Specific Plan. The City Council of the City of Temecula hereby approves mixed use specific plan known as the Harveston Specific Plan (SP No. 13), on property located east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern City, and known as Assessor Parcel Nos. 910-261-001, 910-261 ~ 002,910-110-013, 910-110-015,910-110-020,910-110-021,910-110-027, 910-110-076, 910-100- 007, 910-100-008, 910-060-009,, 910-120-008, 911-630-001,911-630-002, 911-630-003, 911-640- 001,911-640-002, 911-180-002, 911-180-003, 911-180-004, 911-180-008, 911-180-009, 911-180- 015, 911-180-023, and 911-180-028 as set forth in Exhibit B, the Harveston Specific Plan (SP13), and subject to those certain Conditions of Approval set forth in Exhibit C. Exhibit B is on file in the Official Records of the City Clerk and is expressly incorporated herein by this reference as though set forth in full. Exhibit C is attached hereto and incorporated herein as though set forth in full. Section 4. Futu re Sales Tax Revenues. The City Council of the City of Temecula further commits, that an amount equal to one-half of the sales tax revenues received from Planning Area 12, will be committed to the future improvements associated with the Intemhange of Interstate 15 and Date/Cherry Streets. Section 5. Future Traffic Studies. The City Council of the City of Temecula further directs staff to forward copies of all future traffic studies associated with the Harveston Specific Plan to the City of Murrieta. R:\S P~Harveston SP~Cit~ Council\SP Reso. DOC 2 Section 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this day of 2001. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 2001- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the day of ,2001, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk R:\S P~Harveston SimCity Council~SP Reso,DOC 3 The following documents were presented at the Council Meeting of August 14, 2001 as additional information to Item 17 Attachment No. 3 RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING SPECIFIC PLAN NO. 13 (PLANNING APPLICATION NO. 99- 0418) ON PARCELS TOTALING 550 ACRES LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. Procedural History. The City Council of the City of Temecula does hereby find, determine and declare that: a. Lennar Communities ("Owner") filed Planning Application No PA99-0419 (General Plan Amendment), PA99-0418 (Specific Plan, Development Code Amendment and Specific Plan Zoning Standards), PA 00-0189 (Environmental Impact Report), PA 99-0245 (Change of Zone), PA99-0446 (Development Agreement), PA00-0295 (Tentative Tract Map 29639), PA01 - 0030 (Tentative Tract Map 29928), PA01-0031 (Tentative Tract Map 29929), and PA01-0032 (Tentative Tract Map No. 30088) (the "Application") in accordance with the City of Temecula General Plan and Development Code for land use approvals for a 550 acre planned community located adjacent to and east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road, south of the northern City Limit which area includes the following parcels as designated by Assessor Parcel Numbers: 910-261-001,910-261-002, 910-110-013, 910-110-015,910-110-020, 910-110-021,910-110-027,910-110-076,910-100-007,910-100-008, 910-060-009,910-120-003, 910-120-007, 910-120-008, 911-630-001,911-630-002, 911-630-003, 911-640-001,911-640-002, 911-180-002, 911-180-003, 911-180-004, 911-180-008, 911-180-009, 911-180-015, 911-180-023 AND 911-180-028 ("Project"). b. On June 20, 2001 and July 12, 2001, the Planning Commission of the City of Temecula held duly noticed public hearings on the Project at which time all persons interested in the Project had the opportunity and did address the Planning Commission on these matters. c. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2001-025 recommending to the City Council that the Project be approved, subject to certain recommended conditions. d. On July 24, 2001 and August 14, 2001, the City Council of the City of Temecula held duly noticed public hearings on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. e. Following consideration of the entire record of information received at the public hearings before the Planning Commission and the City Council, and due consideration of the proposed Project, the City Council adopted Resolution No. 2001 - , entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE HARVESTON SPECIFIC PLAN AND RELATED ACTIONS, AND ADOPTING THE FINDING PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE HARVESTON SPECIFIC PLAN, LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA R \S P~Harveslon Sl~Cily Council\SP Reso. DOC GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMITS (PLANNING APPLICATION NO. 00-0189)." The Final Environmental Impact Report (FEIR) and mitigation monitoring reporting program accurately addresses the impacts associated with the adoption of this Resolution. Section 2. Findinqs. That the City Council, in approving the Application, hereby makes the following findings: A. The Project as proposed and conditioned is compatible with the health, safety and welfare of the community. The Project has been reviewed and determined to be in conformance with the City's General Plan. These documents set policies and standards that protect the health, safety and welfare of the community. Access and circulation are adequate for emergency vehicles. The two excluded parcels not under the applicant's ownership that are located within the Specific Plan shall hereby be re-designated to become compatible with the surrounding land uses of the Harveston Specific Plan. The City hereby finds it necessary to change the Land Use Designation of the two excluded pamels to ensure the public health, safety and welfare of the City and to facilitate future development of these two parcels by removing the requirement for a separate Specific Plan. B. The Project is compatible with surrounding land uses. The Project proposes similar residential neighborhoods adjacent to existing surrounding neighborhoods, with interface buffers and full roadway improvements. The limited neighborhood commercial development is proposed within a Village Center and is designed to be pedestrian oriented to serve the needs of the Harveston community. The Service Commercial is west of Ynez Road, adjacent to Interstate 15 where similar commercial and retail uses currently exist along the Interstate corridor. C. The proposed Project will not have an adverse effect on the community because it remains consistent with the goals and policies of the adopted General Plan. The Project does not represent a significant change to the planned land uses for the site. The General Plan Amendment is a relocation and reallocation of existing land use designations that conforms to the design of the specific plan. Section 3. Further Findinqs. That the City Council, in approving the Application, hereby makes the following findings as required in Chapter 17.16 of the Temecula Municipal Code: A. The proposed specific plan is consistent with the General Plan, as it is proposed to be amended, and compatible with the Development Code. The findings of General Plan consistency are attached as Exhibit A and incorporated herein as though set forth in full The proposed Specific Plan is consistent with the goals and policies of the general plan. The Specific Plan is a reallocation and redistribution of the majority of the existing Land Use Designations and serves as an implementation tool for the General Plan. Therefore, as proposed, the Specific Plan is consistent with the general plan, as it is proposed to be amended, and development code. B. The proposed Specific Plan would not be detrimental to the public interest, health, safety, convenience or welfare of the city. The proposed Specific Plan has been reviewed and determined to be in conformance with the City's General Plan (as it is proposed to be amended), and Growth Management Action Plan. These documents set policies and standards that protect the health, safety and welfare of the community. In addition, the Specific Plan is a master planned community with specific design guidelines and standards that ensure compatibility and inter[ace with the surrounding community in terms of density, design and circulation. Therefore, as proposed, conditioned and designed, the Specific Plan is compatible with the health, safety and welfare of the community. C. The subject property is physically suitable for the requested land use designations and the anticipated land use developments. There are no physical constraints of the site which R:\S PxHarveslon SPeCify Council~SP Reso. DOC 2 would preclude or prohibit the requested land use designations or anticipated developments. Moreover, the proposed Specific Plan tand uses are consistent with the land uses of the General Plan and will serves as the tool to regulate and implement the goals and policies of the General Plan. The applicant has submitted applications for Tentative Tract Maps which indicate that the site is physically suitable for the land uses and development proposed in the Specific Plan. D. The proposed Project shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. The Project proposes similar residential land uses adjacent to the existing surrounding neighborhoods, with extensive landscape buffers and interfaces. The limited neighborhood commercial development is proposed within a Village Center and is designed to be pedestrian oriented to serve the needs of the Harveston community. The proposed Service Commemial land uses west of Ynez Road, adjacent to Interstate 1 5 where similar commercial and retail uses currently exist along the Interstate corridor. The Specific Plan took under consideration the existing developments and surrounding zoning classifications to ensure development that will be complementary and compatible with the surrounding neighborhood. Section 4. Approval of Harveston Specific Plan. The City Council of the City of Temecula hereby approves mixed use specific plan known as the Harveston Specific Plan (SP No. 13), on property located east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern City, and known as Assessor Pamel Nos. 910-261-001,910-261 - 002, 910-110-013, 910-110-015, 910-110-020, 910-110-021,910-110-027, 910-110-076, 910-100- 007, 910-100-008, 910-060-009,, 910-120-008, 911-880-001,911-630-002, 911-650-003, 911-640- 001,911-640-002, 911-180-002, 911 -180-003, 911-180-004, 911-180-008, 911-180-009, 911-180- 015, 911-180-023, and 911-180-028 as set forth in Exhibit B, the Harveston Specific Plan (SP13), and subject to those certain Conditions of Approval set forth in Exhibit C. Exhibit B is on file in the Official Records of the City Clerk and is expressly incorporated herein by this reference as though set forth in full. Exhibit C is attached hereto and incorporated herein as though set forth in full. Section 5. Future Sales Tax Revenues. The City Council of the City of Temecula further commits, that an amount equal to one-half of the sales tax revenues received from Planning Area 12, will be committed to the future improvements associated with the Interchange of Interstate 15 and Date/Cherry Streets. Section 6. Future Traffic Studies. The City Council of the City of Temecula further directs staff to forward copies of all future traffic studies associated with the Harveston Specific Plan to the City of Murrieta. R:\S P\Harveslon SimCity Council\SP Reso. DOC 3 Section 7. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this day of 2001. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 2001- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the day of ,2001, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk R:\S P~Harveston SPxCity CouncilXSP Reso. DOC 4 Ru~ 14 O1 03:51p Stephen R. Bieri (858) 4.2.4.4 TUMF for the Winchester Property. The CITY and Winchester acknowledge that a Traffic Uniform Mitigation Fcc ("TUMS") program is currently being considered and that no such TUMF has been adopted by the County of PJverside or by thc CITY. To the extent a TUMF is adopted, thc CITY shall use its best efforts to ensure that Winchester receives any and all credits available with regard to the Winchester Property pursuant to a TUMF program. Thc City hereby'finds and determines that each of the following satisfy thc purposes for which a TUMF would be imposed and therefore should qualify for credit: ti) Winchestcr's or the Winchester Property's participation in and payment of special taxes under Community Facilities District 98-1 or subsequent district formed pursuant to Section 4.4 of this Agreement; (ii) any future special taxes paid by Winchester or the Winchester Property imposed under Community Facilities District 98-1 or subsequent districts formed pursuant to Section 4.4; (iii) all off-site Public Infrastructure Improvements and other infrastructure improvements to be constructed or financed by Winchester under this Agreement; and (iv) Winchcstcr's conveyance o£the Interchange Improvement Area pursuant to Section 4.3.3 of this Agrcemcnt. In no event shall the Winchester Property be required to pay any TUMF ti) retroactively in regards to any portion of thc Winchester Property for which entitlements are obtained before the effective date of the legislation establishing thc TUMF, (ii) which arc not imposed in equal or greater an~oums on all commercial proper~ in the City of Murrieta and in thc other incorporated cities and thc unincorporated areas in thc region, or (iii) if any other commercial property within thc C~[TY is exempted from TUMF or given a credit agains! TUMF for its con~butions unless thc Winchester Property receives the same or more favorable txca~ncnt with regards to credits. EXHIBIT A GENERAL PLAN CONSlSTANCY ANALYSIS R:\S l~Harveston SP~City Council\SP Reso. DOC 4 GENERAL PLAN CONSISTENCY GENERAL PLAN CONSISTENCY The Specific Plan is consistent with the General Plan and serves to implement all aspects of the General Plan relevant to the designated area. A Specific Plan is a plan adopted either by ordinance or resolution for a particular area of land. A Specific Plan may contain its own development standards (zoning), and thus provides greater flexibility in the distribution of the land uses. The Harveston Specific Plan is intended to be supportive of, and consistent with, the goals and policies of the Temecula General Plan. It has been written to implement the Specific Plan designation assigned to Harveston Specific Plan area by the General Plan, updated on November 9, 1993. The purpose of this section is to ensure that the Specific Plan is consistent with the goals and policies of the City of Temecula's General Plan as required per Government Code Section 65454. The following are the ten elements included within the Temecula General Plan: 1. Land Use Element 2. Circulation Element 3. Housing Element 4. Open Space/Conservation Element 5. Growth ManagemenffPublic Facilities Element 6. Public Safety Element 7. Noise Element 8. Air Quality Element 9. Community Design Element 10. Economic Element The goals and policies for each General Plan element have been evaluated in the following pages. Following each goal of the General Plan elements, specific policies are laid out. Following each goal and policy, a statement is made in italics, indicating how the Specific Plan is consistent with that goal and/or policy. In some cases, it is indicated that the specific goal or policy is not applicable to the Specific Plan. The following sections list the applicable goals and policies of the above elements of the General Plan. FEBRUARY 2001 LAND USE ELEMENT LAND USE ELEMENT Goal 1: A complete and integrated mix of residential, commercial, industrial, recreational, public and open space land uses. Discussion: The proposed Harveston Specific Plan has been prepared in conformance with the City of Temecula General Plan and is consistent with the City of Temecula' s zoning code and General plan densities and intensities. The Specific Plan Project seeks to create a community character and quality that compliments the surrounding area. The proposed plan contains a variety of housing products and designs, which would cater to different groups of home buyers/renters in the City of Temecula, Additionally, development of the service commercial component of the Specific Plan will provide opportunities for the region and Harveston are& The Plan also includes a generous amount of open space and recreational opportunities (_¥- 70 acres), and more than adequate public facilities and services. PoHcies 1.1 Review all proposed development plans for consistency with the community goals, policies and implementation programs of this General Plan. The proposed Harveston Specific Plan has been prepared in conformance with the City of Temecula General Plan and is consistent with community goals, policies, and implementation programs outlined in the General Plar~ 1.2 Promote the use of innovative site planning techniques that contribute towards the development of a variety of residential product styles and designs including housing suitable to the community's labor force. The proposed plan contains a variety of housing products and innovative site planning designs (see Section 3.0, Land Use Plan and Section 10.0, Design Guidelines), which would cater to different groups of home buyers/renters in the City of Temecala. 1.3 Require the development of unified or clustered community-level and neighborhood-level commercial centers and discourage development of strip commercial uses. The Harveston Specific Plan proposes a Mixed Use Village Center, which would include uses such as retail, restaurant, office, daycare, worship, and a private club facility and fitness center. Additional commercial uses are located in the Service Commercial area of the Specific Plan~ The Specific Plan does not encourage development of strip commercial uses. 1.4 Consider the impacts on surrounding land uses and infrastructure when reviewing proposals for new development. The proposed plan is consistent with the City of Temecula general plan densities and intensities and seeks to create a community character and quality that reflects the surrounding area. The Harveston EIR provides an analysis of the project's impacts on surrounding land uses and infrastructure. Infrastructure is consistent with the General Plan requirements and will be installed concurrently with development. FEBRUARY 2001 2 ~:~ooo*w~rcoNs~sravc~twc LAND USE ELEMENT 1.5 1.6 1.7 1.8 1.9 1.10 Support the development of light industrial, manufacturing, research and development, and office uses to diversify Temecula's economic base. 7~he Harvestan Specific Plan proposes a ll2.4-acre service commercial area that includes a mixture of uses that could serve or expand upon the adjacent business park development. This service commercial component of the Specific Plan will provide employment opportunities and needs for the region and Harveston area. Provide well-defined zoning and development standards and procedures to guide private sector planning and development. The Harveston Specific Plan creates development standards consistent with the philosophy of the City of Temecula Development Code. Detailed development standards for the Specific Plan have been prepared (see Section 11.0, Development Standards) to manage implementation of general or unique conditions in each Planning Area. Require the preparation of specific plans as designated on the Specific Plan Overlay to achieve the comprehensive planning and phasing of development and infrastructure. The Harveston Specific Plan has been prepared in order to achieve comprehensive planning and phasing of development and infrastructure. Consider taking the lead on preparing specific plans for areas designated on the Land Use Plan that have multiple landowners. This policy is not applicable, because it is a City directed policy. However, the subject site is designated Specific Plan on the General Plan Land Use Map. Encourage flexible zoning techniques in appropriate locations to preserve natural features, achieve innovation site design, achieve a range of transition of densities, provide open space and recreation facilities, and to provide necessary amenities and facilities. The Harveston Specific Plan includes components that achieve many innovative site designs and a range of densities within the proposed residential development and the mixed use Village Center. The plan also provides for a variety of open space and recreation facilities including a Lake, a Lake Park, Paseo Park, Arroyo Park, and three mini park, a comprehensive trail ~stem and bike path& Pursue opportunities to locate higher density housing with supporting commercial and public uses on the west side of 1-15. This policy (locating higher density housing with supporting commercial and public uses on the west side of 1-15) is not the responsibility of the Harveston development. This development is located on the east side of l-J5. Although the Specific Plan area is located east of 1-15 it does include higher density housing ~ supporting commercial and public uses. FEBRUARY 2001 3 e:eoo~ss~ozarcoNs~sr~czt~c LAND USE ELEMENT Goal 2: A City of diversified development character where rural and historical areas are protected and co-exist with newer urban development. Discussion: The Harveston Specific Plan has been designed with sensitivity to its surrounding uses and seeks to conform to the overall character of the area. However, Harveston Specific Plan area is not located within a historical or rural area of the City. Policies 2.1 Provide physical and visual buffer areas to create a transition between rural residential and agricultural areas and commercial, industrial and other higher density residential development. The proposed plan includes extensive uses of paseos and landscaping setbacks/buffers to create physical and visual buffers to create appropriate transitions within the different types of development. 2.2 Apply rural development standards to specified areas of the City to maintain the rural character of those areas. The policy is not applicable because the rural development standards do not apply to this project. The proposed project is in an area adjacent to existing development and the 1-15 Freeway and has been designated for mixed use development by the City's General Plan. 2.3 Define the rural and historical areas of the community to be conserved, and establish a procedure for adding areas or altering boundaries as necessary. This policy is not applicable to the Harveston project. It is the responsibility of the City of Temecula to define the rural and historical areas of the community to be conserved and establishing a procedure for adding or altering the boundaries if necessary. The City has already defined rural areas within the community and assigned L (.5-2 dwelling units per acre), VL (.2-.4 dwelling units per acre) and HR (0-.1 dwelling units per acre)residential designation on the General Plan Land Use Map. In addition, the City has adopted the Old Town Specific Plan which has defined a historical area of the community to be coaservett 2.4 Require the use of landscaped, open space buffers along roadways in-lieu of residential subdivision walls where feasible in light of noise and other constraints. The Harveston Specific Plan Design Guidelines (Section 10.0) has incorporated the use of landscape and open space buffers along the roadways in-lieu of residential subdivision walls where feasible in light of noise and other constraints. Figure 10.4 (Community Fencing and Walls Plan)presents a variety of wall and fence types within Harveston to meet the intent of this General Plan Policy. The project perimeter walls are required for noise mitigation; however, they will be planted with vines to create a green wall. The interior of the project will allow a variety of walls, fences and landscaping that will be well landscaped. FEBRUARY 2001 4 ,:,2ooo~N~ozarcoNs~sravczooc LAND USE ELEMENT Goal 3: A land use pattern that will protect and enhance residential neighborhoods. Discussion: The design of the Harveston Specific Plan is sensitive to and compatible with the surrounding uses and takes into account existing conditions and natural features. While the plan seeks to create a distinguishable character for the Harveston Specific Plan area, it will be compatible with and will enhance the adjacent uses. Policies 3.1 Consider the compatibility of proposed projects on surrounding uses in terms of the size and configuration of buildings, use of materials and landscaping, preservation of existing vegetation and landform, the location of access routes, noise impacts, traffic impacts, and other environmental conditions. The design of the Harveston Specific Plan is sensitive to and compatible with the surrounding uses and takes into account existing conditions in terms of the size and configuration of buildings, use of materials and landscaping, the location of access routes, noise impacts, traffic impacts and other environmental conditions. Specific Plan Land Use designations are consistent with the General Plan Land Use designations. The General Plan designations were reviewed for consistency, and compatibility with adjacent development. The Specific Plan land uses have been developed to be complimentary to and compatible with the surrounding uses. Residential designations have been appropriately located next to those of like intensity. The Community Park has been situated to provide a buffer to the existing light industrial uses. The Service Commercial area has been located adjacent to 1-15 and west of Ynez Road. In addition, Design Guidelines and Development Standards within the Specific Plan assure the appropriate use of color, materials, architectural styles, landscaping, etc., to ensure compatibility with surrounding uses, 3.2 Provide infill development incentives in the residential sections of the Old Town area through the Old Town Specific Plan. The policy is not applicable because this is a City directed policy and the proposed project is not located in Old Town. 3.3 Require parcels developed for commercial or industrial uses to incorporate buffers that minimize the impacts of noise, light, visibility of activity and vehicular traffic on surrounding residential uses. Location of the service commercial uses with their lack of direct roadway access to the residential uses and special features such as landscape buffers, incorporated into the design of the service commercial, will minimize the impacts on surrounding residential uses. 3.4 Protect single-family residential areas from encroachment by commercial uses. The Harveston Specific Plan proposes a service commercial area (adjacent to the existing business park) away from existing residential and the proposed residential planning areas. Landscape buffers will provide separation between the Service Commercial and residential uses. FEBRUARY 2001 5 v:xzooo~m~r~vcous~srevcz, ooc LAND USE ELEMENT 3.5 3.6 3.7 Additionally, the Specific Plan area consists of distinct planning areas with specific development standards that will prevent any encroachment by the commercial uses into residential areas. Obtain aviation easement as required by the Comprehensive Land Use Plan for the French Valley Airport to ensure that landowners acknowledge the impacts associated with aircraft. This policy is not applicable because the Harveston Specific Plan area is not within the Comprehensive Land Use Plan for the French Valley Airport, and therefore, no aviation easement is required for the project. Require proposed development to evaluate the incremental traffic impacts on local roads throughout the proposed project phasing in order to ensure that any adverse impacts to local roads in residential areas are avoided or adequately mitigated. A Traffic Analysis for this project was prepared by Wilbur Smith Associates (dated July 19, 2000) and reviewed and approved by the City's Traffic Engineer. According to the Analysis, impacts from the project at opening year (2002) and at project buildout (2005) result in a minimum Level of Service D at all critical intersections within the vicinity of the project provided that certain transportation improvements are made by the project. These improvements have been identified and included as mitigation measures within the project's Environmental Impact Report. The project has already paid approximately 2.5 million and 1.8 million into Assessment Districts 156 and 161 (respectively), which contributed to improvements on Ynez, Winchester and Margarita Roads. In addition, the project will pay its fair share of Development Impact Fees (DIF); implement all recommendations contained within the Traffic Analysis for traffic improvements; as well as support the City's efforts to design and secure jurisdictional approval for the construction of a new interchange at 1-15 at Cherry and/or Date Street. Require proposed development to evaluate the incremental traffic impacts on local roads throughout the proposed project phasing in order to ensure that any adverse impacts to local roads in residential areas are avoided or adequately mitigated. Please see consistency analysis for Policy 3.6, above. Goal 4: A development patterns that preserve and enhance the environmental resources of the Study Area. Discussion: The Harveston Specific Plan has taken into consideration the natural and man-made opportunities and constraints in determining its land use designations and their intensities. Except for the preservation and enhancement of the Arroyo Park in its natural state, there are no other natural features/hazards that would affect the land use designation within the project site. FEBRUARY 2001 6 r:xzoo~s~Pcosstrr~cr.~oc LAND USE ELEMENT Policies 4.1 Enforce hillside grading standards to naturalize the effects of grading, require the preservation of unique natural features and to encourage a broad range of hillside architectural and site planning solutions. The project site will be mass graded and will result in a balance of cut and fill materials on the site. The project will be graded in a manner which is similar to the other specific plans in the City of Ternecula (Paloma del Sol, Margarita Village, Roripaugh Estates, Campos Verdes, Rancho Highlands) and surrounding Riverside County (Warm Springs, Vail Ranch, Red Hawk). The grading will result in madificatit~as to the natural terrain~ This type of grading is necessary to achieve the General Plan~Specific Plan land use designations for the site. Hillside grading standards are more appropriately applied in the areas designated L (.5-2 dwelling units per acre) , VL (.2-.4 dwelling units per acre) and HR (0-.1 dwelling units per acre) on the General Plan Land Use Map. 4.2 Consider the constraints of natural and man-made hazards in determining the location, type and intensities of new development. The Harveston Specific Plan takes into consideration the natural and man-made realities and constraints in determining its land use designations and their intensities. Except for preservation of the Arroyo Park in its natural state, there are no other natural features/hazards that would affect the land use designation within the project site. Man-made hazards such as existing and future roadways have been also considered. Additionally, the proposed project incorporates contour grading techniques in grading the site in order to maintain the integrity of the natural setting. 4.3 Cooperate with other agencies to develop Multi-species Habitat Conservation Plans in western Riverside and northern San Diego Counties. This policy is not applicable, because it is a City directed policy, and it is the responsibility of the City of Temeculc~ 4.4 Work with the utility districts to develop a trail system and enhance the natural resources along the San Diego Aqueduct, creeks, and other utility easements where feasible. The proposed Specific Plan area is not in the vicinity of the above aqueduct, however, the Specific Plan provides a comprehensive trail system with connection point to the off-site trails along Santa Gertrudis Creek. The project also proposes enhancement and preservation of a 13.8-acre Arroyo Park consistent with U.S. Army Corps and Fish and Game guidelines. The Arroyo Park includes a nature trail system. 4.5 Work with the Riverside County Flood Control District and other responsible agencies on the design of the flood control project for Murdeta Creek, Temecula Creek, Pechanga Creek, and other waterways in the City. The Specific Plan preparation has included contact with the Riverside County Flood Control and other responsible agencies on the issue of waterways and flood control in the City of Temecula. FEBRUARY 2001 7 ~.,eo~snt~2~apconsts'r~c~ooc LAND USE ELEMENT 4.6 Consider alternative flood cona-ol methods to reduce capital and maintenance costs and provide recreational and open space oppommities. Section 5.0, Infrastructure Plan, of the Specific Plan includes the proposed drainage plan, which incorporates existing drainage courses into recreational open space areas (i.e., lO. 5-acre Arroyo Park and 2.5-acre Paseo Park). 4.7 Conserve the resources of Pechanga, Temecuia and Murrieta Creeks through appropriate densities of development, setbacks, landscaping, and site design of surrounding projects. This policy is not applicable, because it is a City directed policy. The project is however consistent with the General Plan density designations for the property. Goal 5: A land use pattern and intensity of development that encourages alternative modes of transportation, including transit, bicycling, and walking. Discussion: The Harveston Specific Plan includes a transit plan, which provides for alternative mode of transportation~ The transit plan has been developed with input provided from the Riverside Transit Authority (RTA ) and incorporates the service needs of the RTA. The Village Center, High- density residential (I3-20 dwelling units/acre) and the M2 (Medium-density residential 7-13 dwelling units/acre) are located at the "core" of the project to provide the critical density needed to support public transit. Bus turnouts and shelters are included, as required by the RTA and approved by the Department of Public Works. Additionally, the Harveston Specific Plan includes a comprehensive paseo and trail system providing the project's residents the opportunity to walk, jog, or bike around the entire community. Bike trails and transit facilities will also be provided along the project roadways. The Specific Plan includes a Mixed Use Village Center, which consists ora mixture of compatible uses such as retail, restaurant, office, daycare, worship, and a private club facility and fitness center. The Mixed Use Village Center creates an environment where walking is encouraged. For ease of access this "core area" is connected to various residential areas within the development via walking and biking trails. Policies 5.1 Include in the Development Code and through other ordinances a package of incentives to encourage development to include: 2. 3. 4. 5. 6. 7. 8. Additional active parkland Development of parkland and trails Preservation of historic buildings or sites Additional open space Preservation and enhancement of natural habitat Additional public or community facilities Additional or improved public spaces or plazas for community use Additional amenities in multifamily developments FEBRUARY 2001 LAND USE ELEMENT 10. 11. Transit facilities and/or additional fight-of-way along future transit corridors Housing that meets the needs of very Iow and low income households. Provision of cultural facilities. The Harveston Specific Plan has included many of these items. This is.further discussed below. Additional Active Parkland. The project provides 57.4 acres of parkland/recreation facilities (including the Winchester Creek Park). This figure does not include the 15.9 acres within the LDZ's, which brings the total to 73.3 acres. Development of Parkland and Trails. The parkland acreage is discussed above. The Open Space and Recreation Plan (Figure 6.1 of the Specific Plan) and Bicycle Plan (Figure 4.8 of the Specific Plan) depict the open space/recreational opportunities within the Plan, as well as comprehensive walking and bicycle network within the project. A ten foot (10') wide trail easement along the western perimeter of the project. In artdition to providing opportunities within the project, these networks also tie into the existing City wide bicycle plan. Further, it is anticipated that these systems will ultimately become a component of the City's Trails Master Plan (currently under development). Preservation of Historic Buildings or Sites. There are no known historic buildings or sites at the project location. Additional Open Space. As discussed above, the project is providing 57.4 acres of recreation facilities. Based upon the requirements of the City of Temecula Community Services Department, 26.75 acres or parldand is required. The project exceeds this amount by 30.65 acres. Preservation and Enhancement of Natural Habitat. As part of the Environmental Impact Report, a biological assessment was prepared for the project site. No sensitive or endangered species were identified on-site. The project will impact 2.86 acres of "waters of the United States." As mitigation for this impact, the creation of 8 acres of a riparian corridor must be created on-site. The Arroyo Park has been developed to serve as this mitigation and will encompass 13.8 acres. This is greater than what was required by the United States Army Corps of Engineers for mitigation. In addition, should the Cherry Street interchange be approved for this project, this acreage may be subject to an increase. Additional Public or Community Facilities. Public and Community facilities are included within many of the recreation facilities within the project. It is anticipated that people residing within the project and those within the vicinity of the project will use those facilities. These include the elementary school, the Lake, Lake Park, Paseo Park, Village Green as well as the Community Park. In addition, private facilities will be provided to serve the Harveston residents. Additional or Improved Public Spaces or Plazas for Community Use. These have been listed above. In addition, public and quasi-public spaces will be provided within the Village Center. Also, mini-parks are included within most of the residential neighborhoods. FEBRUARY 2001 9 e:eo~ss~oz~rcoNstsT~crooc LAND USE ELEMENT 5.2 5.3 5.4 Additional Amenities in Multifamily Developments. It is anticipated that the multi, family component of the project will contain amenities, which are typically found within these types of development. The multi-family development is centrally located adjacent to the Village Center and within immediate proximity of the project's recreation facilities. Transit Facilities and/or additional right-of-way Along Future Transit Corridors. The transit plan has been developed with input provided from the Riverside Transit Agency (RTA). Potential Transit Routes & Stops have been developed for current and future transit needs, with input from RTA. A transit station is planned within the Village Center and will be integrated into the design of the streetscape. The transit station will be installed when adjacent development occurs, in accordance with the requirements of the RTA. It is anticipated that the buses will initially make a small loop through the project, entering the site from Margarita Road, passing by the Elementary School, Lake and Lake Park, Village Green and Village Center and exiting the site via Margarita Road. Future transit stops will be provided within the project, along the Loop Road. Transit stops are also proposed on the perimeter of the project, along Date Street, Ynez Road and Margarita Road. In addition, transit stops will be provided in key locations within the Service Commercial portion of the project. All of the transit stops are anticipated to connect to the current and future major transit hubs within the area, including the Promenade Mall. Housing That Meets the Needs of Very Low and LOw Income Households. The project includes a variety of housing types, which will provide a wide array of housing opportunities for both owners and renters. It is not anticipated that Harveston will provide housing that meets the needs of very low and Iow income households. · Provision of Cultural Facilities. These are discussed above in the recreation facilities. Require the provision of pedestrian and bicycle linkages from residential areas to open space/recreation facilities, commercial and employment centers. The Harveston Specific Plan includes a comprehensive paseo and trail system providing the project's residents the opportunity to walk, jog, or bike around the entire community. Bike trails and transit facilities will also be provided along the project roadways. (See Figures 4.8, Bicycle Plan and 11.5, Mixed Use Vehicular Circulation and Parking). Encourage variety in the design of sidewalks and trails with respect to alignment and surface materials to provide a convenient and enjoyable experience for the users. The sidewalks and paseos included in the proposed plan incorporate unique design features, landscaping, and amenities offering users a variety of different recreational experiences. Many of the proposed paseos will meander through the adjacent landscape. Provide grade separated bike paths along major arterials where feasible. Ensure that non-grade separated bike paths are designated for safety. The proposed Specific Plan includes Class II bike lane along Margarita Road, consistent with the City of Temecula General Plan (see Figure 10.1-4, Margarita Road). FEBRUARY 2001 10 p:,~N~a~coNswr~c~voc LAND USE ELEMENT 5.5 5.6 5.7 5.8 5.9 $.10 Designate Mixed Use Village Centers on the Land Use Plan to provide areas within the community that are urban in character, contain a mixture of compatible uses, and are designed to reduce or eliminate the need for the automobile in traveling to or within Mixed Use Village Centers. The Specific Plan includes a Mixed Use Village Center, which consists of a mixture of compatible uses such as retail, restaurant, office, daycare, worship, and a private club facility and fitness center. The Mixed Use Village Center creates an environment where walking is encouraged. For ease of access this "core area" is connected to various residential areas within the development via walking and biking trails. Encourage higher density residential, mixed use development, and supporting public and community facilities within Mixed Use Village Centers. The Mixed Use Village Center proposed within the proposed Harveston plan includes mixed use development, public and community facilities, and higher density residential uses. Establish design guidelines, development standards, and incentive programs for uses within Mixed Use Village Centers. The proposed plan establishes guidelines, development standards, and incentive programs for Mixed Use Village Center uses. (See Section 11.4. 7, Mixed Use Overlay Zone). Develop a plan to link Mixed Use Village Centers by trails and potential transit systems including bus, shuttle and light rail. The Harveston Specific Plan includes extensive system of paseos and potential transit facilities that link the Mixed Use Village Center to the remainder of the community. (See Figure 11.15, Mixed Use Vehicular Circulation and Parking). Ensure that architecture, landscape design, and site planning within Mixed Use Village Centers emphasizes a pedestrian scale and safe and convenient access between uses. The Mixed Use Village Center is pedestrian oriented and facilitates access between uses within the Village. Walking and biking trails are provided to connect the Mixed Use Village Center to other areas within the Specific Plan. (See Figure 11.16, Mixed Use Village Center Pedestrian Circulation). Ensure that adequate public gathering areas or plazas are incorporated within Mixed Use Village Centers to allow for social interaction and community activities. The Mixed Use Village Center proposed within the Harveston Specific Plan allows for gathering areas and plazas. Additionally, the Village Green creates a public gathering place, which will encourage social interaction and community activities, such as concerts or farmers markets. 5.11 Discourage the development of strip commercial centers that increase automobile dependency. FEBRUARY 2001 11 r:xzooo~o~a~coNstsr~cr, voc LAND USE ELEMENT The Harveston Specific Plan does not propose the development of strip commercial uses within the Specific Plan aretz Its objective is to create a pedestrian friendly environment where the use of the car is not encouraged. Goal 6: A plan for Old Town Temecula that enhances economic viability, preserves historic structures, addresses parking and public improvement needs, and establishes design standards to enhance and maintain the character and economic viability of Old Town. This goal is not applicable because the Specific Plan is not located within the Old Town area of the Oty of Temecula. This goal is not applicable because it is a City directed goal. Goal 7: Orderly annexation and development of unincorporated area within Temecula's Sphere of Influence. This goal is not applicable because the Harveston Specific Plan is not located within the unincorporated areas of Temecula's Sphere of Influence. Goal 8: A City that is compatible and coordinated with regional land use patterns. Discussion: The Specific Plan land uses have been laid out consistent with the City of Temecula General Plan, which takes into account larger regional goals and policies. Additionally, the Specific Plan was coordinated with the U.S. Army Corps of Engineers and the State Department offish and Game, which take a mare regional and comprehensive approach. Policies 8.1 Provide a pattern of land uses that maintain and enhance the viability of neighboring communities including the City of Mun'ieta, and the counties of Riverside and San Diego, through compatible uses and linkages. The compatibility between the Harveston project and the adjacent developments has been discussed in Policy 3.1. The architectural styles, design guidelines and development standards will create a development that will maintain and enhance the viability of neighboring communities including the City of Murrieta and the Counties of Riverside and San Diego. Compatible uses and linkages have been provided throughout the project. 8.2 Provide a system of open space that is coordinated with regional open space uses to comprehensively address the management and conservation of resources. The Arroyo Park open space proposed within the Harveston Specific Plan was coordinated with the United States Army Corps of Engineers and the California Department ofFish and Game as FEBRUARY 2001 12 LAND USE ELEMENT 8.3 8.4 a mitigation measure to address the management and consemation of resources. The Harveston Open Space and Recreation Plan (Figure 6.1) provides a system of open space that is coordinated with the City-wide and regional system. The project will tie into the Santa Gertrudis Trail System, as well as provide a 10' wide easement along the western project boundary for regional trial systems. Participate with the Airport Land use Commission in the planning process in the preparation of the Comprehensive Land use Plan for the French Valley Airport, to the extent feasible. The policy is not applicable because the Harveston Specific Plan is not within the Comprehensive Land Use Plan for the French Valley Airport. Continue to participate with the Western Riverside Council of Governments in the preparation of plans and programs addressing regional issues, including the Growth Management Swategy, Comprehensive Transportation Plan, Water Resources Strategy, and School Facilities Plan. This Policy is the responsibility of the City of Temecula and not that of the Harveston project. The project will be reviewed for consistency with the City of Temecula Growth Management Program Action Plar~ In addition, transportation items have been addressed above (see Policy 3.3). Water resources and project impacts have been discussed and mitigated as necessary in the project's Environmental Impact Report. An elementary school site is currently under construction on the project site and sufficient resources are available to accommodate the middle and high school students generated by the project. FEBRUARY 2001 13 e:~ooo~o~vrcoN~cy, ooc CIRCULATION ELEMENT CIRCULATION ELEMENT Goal 1: Strive to maintain a Level of Service 'CD" or better at all intersections within the City during peak hours and Level of Service "C" or better during non-peak hours. Discussion: A Traffic Analysis for this project was prepared.by Wilbur Smith Associates (dated July 19, 2000) and reviewed and approved by the City's Traffic Engineer. According to the Analysis, impacts from the project at opening year (2002) and at project buildout (2005) result in a minimum Level of Service D at all critical intersections within the vicinity of the project provided that certain transportation improvements are made by the project. Ten intersections have been identified as needing improvements (2005 with 2 of the I0 requiring improvements at year 2002). These improvements are located at the following intersections: · Winchester & Ynez Roads; · Winchester Road & 1-1& · Winchester Road & Jefferson Avenue; · Winchester & Margarita Road; · Overland Drive & Margarita Road; · Overland Drive & Ynez Road; · Overland Drive & Jefferson Avenue; · Murrieta Hot Springs & Margarita Roads; · Murrieta Hot Springs & Alta Murrieta Roads; · Murrieta Hot Springs & Jefferson Avenue. Overall project impacts (percentage) to these intersections have been identified in the EIR. Mitigation measures have been included within the project's Environmental Impact Report to ensure that this Goal is met. Policies 1.1 Establish street standards and all new roadway facilities shall be constructed or upgraded to meet City standards where feasible. The proposed Specific Plan includes a Circulation Plan and standards, which will dictate construction and upgrade of the roadway facilities consistent with City standards. Ali roadway and intersection designs will comply with City standards providing safe and efficient traffic patterns and circulatiorr 1.2 Require an evaluation of potential traffic impacts associated with new development prior to project approval, and require adequate mitigation measures prior to, or concurrent with, project development. Please see consistency analysis for Goal 1, above. 1.3 Use the Circulation Element Roadway Plan to guide detailed planning and implementation of the City's roadway system. FEBRUARY 2001 14 p:~ooo~s~r~aecosstsr~c~c CIRCULATION ELEMENT 1.4 1.5 The Circulation Plan within the Harveston Specific Plan has been produced based on the City's Circulation standards. Pursue trip reduction and transportation systems management measures to reduce and limit congestion at intersections and along streets within the City. Please see consistency analysis for Goal 1, above. Trip reduction measures include: · Transit provisions · Location of housing near employment areas · An extensive bicycle path network · An extensive walking/pedestrian network. Transportation System Management measures include (General Plan): Adding turn lanes or restricting turning movements during peak traffic periods at congested intersections Widening of intersection approaches to accommodate additional through movement lanes or to improve visibility Installation of bus turnout bays Pavement marking modifications/improvements Completion of "missing links" in the roadway network Update every three years, or as needed, "build-out" traffic forecasts to monitor the impact of development approvals and the adequacy of the Circulation Element Roadway Plan. The policy is not applicable because it is a City directed policy. Goal 2: Enhance traffic safety on City streets. Discussion: The Circulation Plan within the Harveston Specific Plan minimizes traffic conflicts and promotes safe traffic circulation within the Specific Plan area. A Loop Road is included within the circulation plan for ease of access to different residential planning areas, reducing undesirable through traffic within the residential areas. The Circulation Plan encourages safety for all pedestrian traffic by separating vehicular and pedestrian traffic, especially in commercial and high-density areas. As such, the plan includes a safe and efficient paseo, urban trail and sidewulk network, providing pedestrian and bicycle circulation in conjunction with the roadway network. Policies 2.1 The City shall enforce speed restrictions throughout the City. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 15 CIRCULATION ELEMENT 2.2 2.3 2.4 2.5 Require that future roads and improvements to existing roads be designed to minimize traffic conflicts such as those which result from curb parking maneuvers and uncontrolled access along heavily Waveled roadways. The Circulation Plan within the Harveston Specific Plan minimizes traffic conflicts and promotes safe traffic circulation within the Specific Plan area. A Loop Road is included within the circulation plan for ease of access to different residential planning areas, reducing undesirable through traffic within the residential areas. Require that the development of new private driveways do not introduce significant traffic conflicts along major streets and primary residential collectors roads. The Harveston Specific Plan does not propose new private driveways off of the major streets or primary residential collector roads. Three project entries are proposed off the major streets (2 on Margarita Road and 1 on Date Street). Internal to the project, neighborhoods will access the Loop Road. All driveway locations are subject to review and approval of the Director of Public Works. Require that vehicular and pedestrian traffic be separated to the maximum extent feasible. The Circulation Plan within the Harveston Specific Plan encourages safety for all pedestrian traffic by separating vehicular and pedestrian traffic, especially in commercial and high density areas. As such, the plan includes a safe and efficient paseo, urban trail and sidewalk network, providing pedestrian and bicycle circulation in conjunction with the roadway networlc Establish an ongoing maintenance_program to ensure the safety of the City's roadway system. This policy, is not applicable because it is a City directed policy. Goal 3: A regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community. Discussion: The Harveston Specific Plan includes City-wide and regional circulation roadways. The Specific Plan currently includes roadway segments, which are consistent with the City's General Plan Circulation Element (Margarita Road, Date Street, Ynez Road). In addition, a City directed alternative has been included in the Plan. With the inclusion of the project's roadway network, transit provisions, bicycle and pedestrian pathways, the project will contribute to this goal of accommodating the safe and efficient movement of people and goods to and from the community. Poficies 3.1 Support the completion of the Riverside County Master Plan of Arterial Highways. The Circulation Plan within the Harveston Specific Plan includes roadway extensions and future improvements consistent with the City's existing Circulation Element Plan. FEBRUARY 2001 16 ~:uooo~oz~coNstsr~c~ooc CIRCULATION ELEMENT 3.2 3.3 3.4 3.5 3.6 3.7 Actively pursue the construction of a new interchange north of Winchester Road and other recommended system improvements outside its jurisdiction in cooperation with Caltrans, the City of Murrieta, Riverside County, and local developers. Measures should be taken to preserve anticipated fight-of-way needs and to identify funding mechanisms for the interchange improvements. The location of a new interchange north of Winchester Road is currently being reviewed through a Project Study Report (PSR) by Caltrans. It is anticipated that Caltrans will complete this review by mid-2001 and the location for this interchange will be determined. The project contains two alternatives for the location of this interchange. Subdivision maps are also being processed which will reserve nrl~litional right-of-way for the ultimate location for the interchange. It should be noted that the applicant will support the City's efforts to design and secure jurisdictional approval for the construction of a new interchange at 1-15 at Cherry and/or Date Street. Actively pursue the improvements to existing interchanges within the City and construction of new overpasses as required to achieve the adopted service level standards. Reference response to Policy 3.2. In addition, a mitigation measure in the project's E1R requires improvements to the 1-15/Winchester Road interchange. This mitigation would help achieve level of service standards required in Goal 3. Coordinate with the Riverside Transit Agency to provide fixed route transit service (bus or shuttle) along major transportation corridors connecting to regional employment and commercial areas, airports, health care facilities, and major recreation areas. The Harveston Specific Plan will comply with the City of Temecula and the Riverside Transit Agency to facilitate provision of transit service. Coordination and correspondence with the Riverside Transit Agency was completed as part of the Harveston EIR preparation. Provide for express transit service through implementation of park-and-ride facilities along regional transportation corridors. This policy is not applicable because it is a City directed policy, and park-and-ride facilities are not proposed with the Harveston project. Coordinate with Western Riverside Council of Governments to identify, protect, and pursue opportunities for a light rail transit along major transportation corridors which connect Temecula to other population centers. This policy is not applicable because it is a City directed policy, and it is the responsibility of the City of Temecula. Encourage the formation of a special Southwest County agency or task force which would be responsible for identifying and prioritizing selected system improvements having regional significance and the development of funding sources which would allow for the timely implementation of these improvements. FEBRUARY 2001 17 ~:~OOO~O~GPCONSt~r~VCZ~OC CIRCULATION ELEMENT This policy is not applicable because it is a City directed policy, and it is the responsibility of the City of Temecula. Goal 4: An efficient City circulation system through the use of transportation system management and travel demand management strategies. Discussion: This goal is not applicable because it is a City directed goal. However, the Harveston E1R incorporates Travel Demand Management (TDM) requirements, as mitigation measures, consistent with the Air Quality Management Plan (AQMP). The proposed project will comply with the conditions and requirements set forth by the City of Temecula and will implement all traffic signals us required by the traffic study in order to maximize efficient flow of traffic. The Harveston Specific Plan includes a comprehensive pedestrian trail system and incorporates features such as bus turnouts and shelters, as required by the Director of Public Works and the Riverside Transit Agency (RTA). PoHci~ 4.1 Establish a City-wide Circulation System Phasing and Financing Program for the orderly implementation of system improvements identified in the Circulation Element. This policy is not applicable because it is a City directed policy. 4.2 Require proper spacing and interconnect traffic signals where feasible to maximize the smooth progression of traffic flows and to minimize delay and stop and go conditions which result in higher vehicle emissions and noise levels. The proposed project will comply with the conditions and requirements set forth by the City of Temecula and will implement all traffic signals us required by the traffic study in order to maximize efficient flow of traffic. 4.3 Discourage the provision of on-street (curbside) parking along principal arterial roadways to minimize traffic conflicts and increase the traffic carrying capacity of these roadways. The Specific Plan does not propose on-street parking along the principal arterial roadways (i.e., Date Street, Margarita Road, and Ynez Road). 4.4 Require new development to incorporate design features which facilitate transit service and encourage transit ridership such as bus pullout areas, covered bus stop facilities, efficient trail systems through projects to transit stops, and incorporation of pedestrian walkways that pass through subdivision boundary walls. The Harveston Specific Plan includes a comprehensive pedestrian trail system and incorporates features such as bus turnouts and shelters, as required by the Director of Public Worlcs and the Riverside Transit Agency (RTA). FEBRUARY 2001 18 CIRCULATION ELEMENT 4.5 4.6 4.7 4.8 4.9 4.10 4.11 Require specific plans and other mixed use projects to provide an internal system of trails linking schools, shopping centers, transit, and other public facilities within residential areas. The Harveston Specific Plan includes an extensive internal system of trails/paseos that connect the Mixed Use Village Center to the school, the lake~lake park and community park, and different residential areas. Provide a comprehensive system of Class I and/or Class ri bicycle lanes to meet the needs of cyclist traveling to and from work and other destinations within the City. Consistent with the City of Temecula General Plan, the Harveston Specific Plan provides Class H bicycle lanes along most roadways within the Specific Plan area for recreational as well as ease of access between different planning areas and uses. (See Figure 4.8, Bicycle Plan). Encourage a mix of uses within a project designed to maximize internal trip making, maximize the use of parking facilities, and to promote a shift from auto use to pedestrian and bicycle modes of travel. The proposed project is pedestrian oriented encouraging internal movement between the different uses and planning areas via trails and bike lanes. Encourage the provision of additional regional public transportation services. The Harveston Specific Plan will comply with the City of Temecula and the Riverside Transit Agency to facilitate provision of transit service. Coordination and correspondence with the Riverside Transit Agency was completed as part of the Harveston EIR preparation. Require transportation demand management plans to be submitted for preliminary review at the Specific Plan or Plot Plan stage of site development and submitted for final approval prior to the issuance of building permits, in accordance with the City's Transportation Demand Management Ordinance. The Harveston EIR incorporates Travel Demand Management (TDM) requirements, as mitigation measures, consistent with the Air Quality Management Plan (AQMP). Encourage the implementation of employer Travel Demand Management (TDM) requirements included in the Sonthem California Air Quality Management District's Regulation 15 of the Air Quality Management Plan. The Harveston EIR incorporates TDM requirements as mitigation measures consistent with the AQMP. The City shall establish a local Congestion Management Plan and monitor the performance and effectiveness of travel demand management programs within the City. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 19 ~:~oax~oz~rcoNstrr~vcr.~oc CIRCULATION ELEMENT Goal 5: An adequate supply of private and public parking to meet the needs of residents and visitors of the City. Discussion: The proposed Specific Plan contains parking requirements and standards (see Section 11.0, Development Standards) to provide adequate parking facilities on-site. A tapered street section will be used at internal neighborhood intersections and in locations where on-street parking is otherwise adequately provided. Adequate on-street parking has been defined in Section 11 of the Specific Plan. The Mixed Use Village Center provides the opportunity for "shared joint use parking" which helps minimize the number of ingress and egress points. Policies 5.1 Enforce City parking ordinances and standard design requirements which apply. The Harveston Specific Plan is prepared based on the City's General Plan and other applicable ordinances (i.e., parking ordinances) and standard design requirements. Parking standards, are contained in Section 1LO, Development Standards, of the Specific Plan. 5.2 Require the consolidation of parking, and related circulation facilities, where appropriate, to minimize the number of ingress and egress points onto arterials. The Mixed Use Village Center provides the opportunity for "shared joint use parking" which helps minimize the number of ingress and egress points. 5.3 Provide additional public parking in the Old Town area where feasible through common parking areas or establishment of a parking district. This policy is not applicable because the Harveston Specific Plan is not within the Old Town Specific Plan area. 5.4 Require project developers to provide adequate on-site parking and/or to contribute to a program to acquire and maintain off-site facilities. The proposed Specific Plan contains parking requirements and standards (see Section ILO, Development Standards) to provide adequate parking facilities on-site. 5.5 Encourage underground parking or parking stmctares where economically feasible in commercial The proposed Specific Plan contains parking requirements and standards (see Section ILO, Development Standards) to provide adequate parking facilities on-site. Additional measures will be incorporated to meet the demand and requirement in commercial areas. 5.6 Encourage joint development of parking facilities (e.g. joint-use of parking facilities) where feasible to maximize the efficient use of available parking. FEBRUARY 2001 20 r:~zoo~s~ar~a~coNstrrescrDoc CIRCULATION ELEMENT The proposed Specific Plan contains parking requirements and standards (see Section 11.0, Development Stanclards) to provide adequate parking facilities on-site. Additional measures will be incorporated to maximize efficiency. Goal 6: Safe and efficient alternatives to motorize travel throughout the City. Discussion: The proposed project provides for a separate system of paseo/trails that will be utilized by pedestrians and non-motorized modes of transportatior~ This system provides for ease of access between the different planning areas. This system of trails will also connect to the regional trails for ease access to other areas within the City. PoHcies 6.1 Promote the safety of pedestxians and bicyclist by adhering to uniform trail standards and practices and communicating safety practices to the public. Unless modified through this Specific Plan, all trails shall be constructed to ultimate City standards and practices that will ensure public safety. 6.2 Off-street bicycle and equestrian trails should minimize the number of locations where automobile cross traffic will be experienced. The proposed project provides for bicycle trails throughout the project site (see Figure 4.8, Bicycle Plan). The Specific Plan's loop road system will minimize the number of locations for automobile cross traffic. 6.3 Ensure accessibility of pedestrian facilities to the elderly and disabled. The Harveston Specific Plan seeks to ensure accessibility of facilities to all users, including the elderly and the disabled. ADA standards will be complied with throughout the Specific Plan. 6.4 Traffic signals along bike routes and where significant pedestrian activity is present shall be properly timed and periodically adjusted to allow for the safe movement of these non-motorized modes. The proposed Specific Plan includes a Circulation Plan and standards, which will dictate construction and upgrade of the roadway facilities consistent with City standards. All roadway and intersection designs will comply with City standards providing safe and efficient traffic patterns and circulation~ 6.5 Adequate linkages shall be provided for non-motorized modes, between residential areas and commercial / employment activity centers, public institutions, and recreation areas. The proposed project provides for ease of access between the different planning areas by non- motorized modes of transportation. As such, the project includes designated trail systems for use by pedestrians and bicycles and other non-motorized modes of transportation. FEBRUARY 2001 21 CIRCULATION ELEMENT 6.6 Motorized vehicles and motorized cycles shall be prohibited fi.om using the City's recreation trail system. The Harveston Specific Plan provides for a separate system of paseos/trails that will be utilized by pedestrians and non-motorized cycles only. Motorized vehicles and motorized cycles will be prohibited from using the pedestrian designated paseos/trails within the Specific Plan. Goal 7: A truck circulation system that provides for the safe and efficient transport of commodities and also minimizes noise, air pollution and traffic impacts to the City. Discussion: The Circulation Plan for Harveston project is based on the City of Temecula Circulation Element and does not designate primary truck routes on roadways providing access to different residential areas within the project site. The proposed project provides for measures to facilitate access and loading by trucks in order to minimize any potential circulation conflicts. Polides 7.1 Designate primary track routes on selected arterial streets to minimize the impacts of track traffic on residential areas. The Harveston Specific Plan Circulation Plan is based on the City of Temecula Circulation Element and does not designate primary truck routes on roadways providing access to different residential areas within the project site. 7.2 Require loading areas and access ways for trucks that minimize or eliminate conflicts with automotive and pedestrian areas to maintain safe and efficient traffic circulation. The proposed project provides for measures (see Section ILO, Development Standards) to facilitate access and loading by trucks in order to minimize any potential circulation conflicts. FEBRUARY 2001 22 ~:~ooo~N~o~a~coNstrr~c~ooc HOUSING ELEMENT HOUSING ELEMENT Goal 1: A diversity of housing opportunities that satisfies the physical, social and economic needs of existing and future residents of Temecula. Discussion: The Specific Plan will provide 1,921 dwelling units on a wide range of lots to accommodate the existing and projected housing needs in the City. The residential development will provide a range of housing type options in terms of cost, density and type. The Harveston Specific Plan includes a wide variety of housing types within each density category and proposes a sustainable land use concept by incorporating the open space and recreational opportunities through a generous selection of park types. Policies i.i Provide an inventory of land at varying densities sufficient to accommodate the existing and projected housing needs in the City. The Harveston Specific Plan provides 1,921 dwelling units on individual lots ranging in size from 2,000 to 5,000 square feet. The target density for the proposed project is 6.3 dwelling units per acre. The Harveston Specific Plan also includes 300 high-density residential dwelling units at a target density of 1Z8 units per acre. In addition to the high density, three densities of Low Medium (578 dwelling units), Medium 1 (475 dwelling units), and Medium 2 (568 dwelling units), are included in the Specific Plan. The proposed housing types will provide a range of opportunity, which will satisfy the needs of various segments of the local housing market. 1.2 Encourage residential development that provides a range of housing types options in terms of cost, density and type, and provides the opportunity for local residents to live and work in the same community by balancing jobs and housing types. The proposed project introduces a wide range of housing type in terms of cost, density and design in order to meet the needs of the different segments of the local population. The project also includes commercial uses, which would create jobs locally and regionally. 1.3 Require a mixture of diverse housing types and densities in new developments around the mixed use village centers to enhance their people-orientation and diversity. The Harveston Specific Plan proposes high density housing in the Mixed Use Village Center overlay along with other uses. Additionally, in close proximity to the Mixed Use Village Center are proposed a variety of housing types and densities. 1.4 Support the use of innovative site planning and architectural design in residential development. The proposed project includes a wide variety of housing types within each density category. These varieties are achieved through innovative site planning and design and will cater to the needs of different groups of clients. FEBRUARY 2001 23 p:~o~sN~coNs~rre~crvoc HOUSING ELEMENT 1.5 1.6 Encourage the use of clustered development to preserve and enhance important environmental resources, and maintain important areas in open space. The Harveston Specific Plan proposes an efficient land use concept where different residential development types, including clustered development, are introduced and vast areas of open space are incorporated throughout the Specific Plan in the form ora community park, mini parks, paseo park, lake, lake park, arroyo park, and paseos. Promote the development of compatible mixed use projects that promotes and enhances the village concept, facilitates the efficient use of public facilities, and supports alternative transit options. The Harveston Specific Plan is a project that incorporates different types of uses such as residential, service commercial, school, parks, and Mixed Use Village Center. Within the Mixed Use Village Center there is a wide range of uses which promote a pedestrian oriented concept (see Figure 11.16, Mixed Use Village Center Pedestrian Circulation). Paseos, trails, and bike lanes are provided for ease of access to recreational and other public facility uses (i.e., school, and church). Goal 2: Affordable housing for all economic segments of Temecula. Discussion: The Harveston Specific Plan is promoting a variety of housing opportunities that accommodate the needs of all economic levels of the population, and is providing opportunities to meet the City's fair share of low- and moderate-income housing. The project includes housing affordable to households with earnings in excess of approximately 120 percent of the current median income of the County of Riverside. The higher density dwelling units will be more affordable to buyers as well as renters. Po~ci~ 2.1 Promote a variety of housing opportunities that accommodate the needs of all economic levels of the population, and provides opportunities to meet the City's fair share of low- and moderate- income housing. The Harvestan Specific Plan provides 1,921 dwelling units on individual lots ranging in size from 2,000 to 5,000 square feet. The target density for the proposed project is 6.3 dwelling units per acre. The Harveston Specific Plan also includes 300 high-density residential dwelling units at a target density of 17.8 units per acre. In ~aaition to the high density, three densities of Low Medium (578 dwelling units), Medium I (475 dwelling units), aru~ Medium 2 (568 dwelling units), are included in the Specific Plan. The proposed housing types will provide a range of opportunity, which will satisfy the needs of various economic levels of the local housing market. 2.2 Support innovative public, private and non-profit efforts in the development of affordable housing, particularly for special needs groups. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 24 ~:~ooo~o~a~coNstrr~c~voc HOUSING ELEMENT 2.3 2.4 Encourage the use of non-traditional housing models, including single-room occupancy sWactures (SRO) and manufactured housing, to meet the needs of special groups for affordable housing, temporary shelter and/or transitional housing. This policy is not applicable because it is a City directed policy. Pursue all available forms of private, local, state and federal assistance to support development and implementation of the City's housing programs. The proposed Harveston project includes housing affordable to households with earnings in excess of approximately 120 percent of the current median income of the County of Riverside. The higher density dwelling units will be more affordable to buyers us well as renters. Goal 3: Removal of governmental constraints in the maintenance, improvement and development of housing, where appropriate and legally possible. This goal is not applicable because it is a City directed goal. Policies 3.1 Provide reasonable processing time and fees for new conslxuction or rehabilitation of housing. This policy is not applicable because it is a City directed policy. 3.2 Consider mitigating development fees for projects providing affordable and senior citizen housing. This policy is not applicable because it is a City directed policy. 3.3 Periodically review City development standards to ensure consistency with the General Plan and to facilitate high-quality affordable housing. This policy is not applicable because it is a City directed policy. Goal 4: Conservation of the existing affordable housing stock. This goal is not applicable because it is a City directed goal. Policies 4.1 Monitor and regulate, if necessary, the number of affordable units eligible for conversion to market-rate units and develop pro.ams to minimize the loss of these units. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 25 e:~oo~ar~coNstrr~cr, ooc HOUSING ELEMENT 4.2 4.3 Develop rehabilitation programs that are directed at preserving the integrity of the housing stock. This policy is not applicable because it is a City directed policy. Support the efforts of private and public entities in maintaining the affordability of units through implementation of energy conservation and weatherization programs. This policy is not applicable because it is a City directed policy. Goal 5: Equal housing opportunity for all residents in Temecula. Discussion: The Harveston Specific Plan promotes housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, age, physical handicap, or color. PoHcies 5.1 Encourage and support the enforcement of laws and regulations prohibiting the discrimination in lending practices in the sale or rental of housing. The Harveston Specific Plan promotes housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, age, physical handicap, or color. 5.2 Assure and support the efforts of others to ensure that unrestricted access to housing is available to all segments of the community. The proposed project supports and encourages unrestricted access to housing to all interested clients without discrimination. 5.3 Encourage housing design standards that promote the accessibility of housing for the eldefly and disabled. The Specific Plan anticipates the use of certain residential product types by elderly and disabled, therefore, it incorporates the City's building codes and ADA measures in order to accommodate such use. 5.4 Encourage and consider supporting local private non-profit groups that address the housing needs of the homeless and other disadvantaged groups. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 26 OPEN SPACE / CONSERVATION ELEMENT OPEN SPACE / CONSERVATION ELEMENT Goal 1: A high quality parks and recreation system that meets the varying recreational needs of residents. Discussion: A major feature of the Harveston Specific Plan is the system of parks and landscaped parkways with puseos, which link the lake complex, and school recreational facilities and the community park in the Open Space and Recreation Prograrrr The Project Park Program is extensive and provides a vast array of recreational opportunities in which all members of the community can participate. Further, the program incorporates many diverse elements in a coordinated, cohesive plan that interrelates with and links the various neighborhoods of the community with each other and to certain destination points, such as the lake, school, parks and mixed-use village. Policies 1.1 Apply the policies and standards contained in the City's Park and Recreation Master Plan to acquire sufficient parkland and recreation facilities to support new development. The Harveston Specific Plan includes a substantial amount of open space as community park, mini parks, arroyo park, lake park, paseo park and paseos and trails throughout the development. The provision of parks and open space complies with the City's Park and Recreation Master Plan. 1.2 Require the dedication of parkland and development of facilities to be consistent with the Parks and Recreation Master Plan. The proposed plan complies with the Parks and Recreation Master Plan. 1.3 Require developers of residential projects greater than fifty dwelling units to dedicate land based on the park acre standard of five (5) acres of usable parkland to one thousand (1,000) population, or the payment of in-lian fees in accordance with the parks and Recreation Master Plan. Adequate amount of parks and open space has been dedicated based on the above standards and calculations. 1.4 Park credit for land with floodplains shall be given in accordance .with the Parks and Recreation Master Plan. 1.5 This policy is not applicable because the project site does not contain any flood plains. Pursue the joint use of public lands available and suitable for recreation purposes, including lands under the jurisdiction of the Riverside County Flood Control District, Southern California Edison, water districts, and other public agencies. This policy is not applicable because the project proposes community and neighborhood parks throughout the development, and it is not in close vicinity of any public lands that can be utilized for joint use. FEBRUARY 2001 27 e.~ooo~m, arcoNsts-r~c~ooc OPEN SPACE ! CONSERVATION ELEMENT 1.6 1.7 1.8 1.9 1.10 Encourage the enhancement and preservation of significant natural features, including riparian areas, rock outcroppings, sensitive habitat areas and viewpoints through park design and site development. One feature of the Harveston Specific Plan is the Arroyo Park, which is a naturalistic park that preserves the existing creek bed and creates a riparian environment. The Arroyo Park will provide a different recreational experience to the residents of the community. Encourage the enhancement and preservation of historic structures and landscape features in the design, development and use of parks. The design and development of the different parks within the Specific Plan area will be bused on extensive use of landscape features to create a unique experience. No historic structures exist within the project area. Encourage public safety and compatibility with adjacent use in park design and development, including location of buildings, activity areas, lighting and parking. Design features such us special architectural treatment, perimeter and interior landscaping, and lighting will be incorporated into the project for safety and compatibility with the adjacent uses. The Community Park has been designed consistent with City standards (see Figure 6.3, Community Park Detail). Coordinate long range park and open space planning with Riverside County and the City of Murrieta. This policy is not applicable_ because it is a City directed policy. Maximize pedestrian and bicycle access to existing and new parks as an alternative to automobile access. The Specific Plan project proposes extensive trails and bike lanes that would connect to all the different planning areas and uses, including parks. 1.11 Encourage joint recreational use between school and park facilities when appropriate. 1.12 This policy is not applicable because the community park and the proposed elementary school are not in close adjacency to one another, therefore making it difficult to encourage true joint use. Consider the establishment of development impact fees to cover the cost of capital improvements for parks and recreation facilities needed to serve new development. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 28 ~:eooo~s~2v~coNs~rresc~c OPEN SPACE / CONSERVATION ELEMENT Goal 2: Conservation and protection of surface water, groundwater and imported water resources. Discussion: The Harveston Specific Plan will coordinate with Riverside County Flood Control District to design necessary flood control improvements for Murrieta Creek and Temecula Creek that preserve the important natural features and resources of the local creeks and the riparian forest of the Santa Margarita River Watershed, to the maximum extent feasible. The project will protect groundwater in cooperation with the Rancho California Water District and conserve potable water by requiring water conservation techniques in all new development. The project will also encourage utilization of reclaimed water, if available, for irrigation and other appropriate uses. Policies 2.1 Coordinate with Riverside County Flood Control District to design flood control improvements for Murrieta Creek and Temecula Creek that preserve the important natural features and resources of the local creeks and the riparian forest of the Santa Margarita River, to the maximum extent feasible. The Harveston Specific Plan provides for drainage and flood control facilities and improvements in accordance with the City of Temecula and the Riverside County Flood Control District requirements. (See Section 5.0, Infrastructure Plan). 2.2 Identify and protect groundwater resources from depletion and sources of pollution in cooperation with the Rancho California Water District. The proposed project will comply with standard specifications to protect groundwater resources from depletion and sources of pollution in cooperation with the Rancho California Water District. 2.3 Conserve potable water by requiting water conservation techniques in all new development. The Harveston Specific Plan will comply with Title 20, California Administrative Code Section 1604 (f) (Appliance Efficiency Standards), which establish efficiency standards that set the ma~imum flow rate of all new showerheads, lavatory faucets, etc., as well as Health and Safety Code Section 17621.3 which requires Iow-flush toilets and urinals in virtually all buildings. 2.4 Use reclaimed water for the irrigation of parks, golf courses, publicly landscaped areas and other feasible applications as service becomes available from RCWD and EMWI). The proposed project will encourage utilization of reclaimed water, if avadable, for irrigation and other appropriate uses. FEBRUARY 2001 29 OPEN SPACE / CONSERVATION ELEMENT 2.5 2.6 2.7 2.8 2.9 2.10 Require the use of soil management techniques to reduce erosion, eliminate off-site sedimentation, and prevent other soil-related problems that may adversely affect waterways in the community. All construction activities that results in the disturbance of at least five acres of total land area or activity which is part of a larger common plan of development of five acres or greater, will obtain the appropriate State general permit for National Pollution Discharge Elimination System (NPDES) permits and pay the appropriate fees. All development within the Specific Plan boundaries will be subject to future requirements adopted by the City to implement the NPDES program. Mitigation measures may include, but not be limited to: onsffe retention; covered storage of all outside storage facilities; vegetated swales; monitoring programs, etc. Regulate and manage lands adjacent to or affecting watercourses as stipulated by the Regional Water Resources Control Board. This policy is not applicable because it is a City directed policy. The Specific Plan Project has, however, obtained 401 permits from the RWQCB. Ensure that approved projects have filed a Notice of Intent and Stormwater Pollution Prevention Plan in accordance with the Federal Clean Water Act, prior to issuance of building permits. This policy is not applicable because it is a City directed policy. The EIR does, however, require filing of a Notice of lntent as mitigation. Ensure adequate inspection and enforcement of the requirements of General Construction Permits, particularly related to erosion conu-ol during grading and construction. This policy is not applicable because it is a City directed policy. Participate in regional planning for the Santa Margarita River Watershed in conjunction with Federal, State, Regional and local agencies, and non-profit organization. This policy is not applicable because it is a City directed policy. Participate in water resources management planning to facilitate the long-term availability of water resources for western Riverside County. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 30 OPEN SPACE / CONSERVATION ELEMENT Goal 3: Conservation of important biological habitats and protection of plant and animal species of concern, wildlife movement corridors, and general biodiversity. Discussion: Based upon the findings of the biological studies performed for the site, the proposed project site does not include significant onsite biological resources. The project proposes an arroyo park, which will include the creation of a riparian habitat. The Arroyo Park will be developed consistent with the mitigation requirement and permits of the U.S. Army Corps and State Department of Fish and Game. The Specific Plan will also incorporate local native vegetation, mature trees, and/or other significant vegetation into the landscape design of the proposed development. Policies 3.1 Require development proposals to identify significant biological resources and provide mitigation, including the use of adequate buffering; selective preservation; the provision of replacement habitats; the use of sensitive site planning techniques including wildlife corridor/recreational u'ails; and other appropriate measure. Based upon the findings of the biological studies performed for the site, the proposed project site does not include significant onsite biological resources. The project proposes an arroyo park, which will include the creation of a riparian habitat. The Arroyo Park will be developed consistent with the mitigation requirement of the U.S. Army Corps and State Department ofFish and Game. 3.2 Work with State, regional and non-profit agencies and organizations to preserve and enhance significant biological resources on publicly owned lands. This policy is not applicable because it is a City directed policy. 3.3 Coordinate with the County of Riverside and other relevant agencies in the adoption and implementation of the Riverside County Multi-Species Habitat Conservation Plan. This policy is not applicable because it is a City directed policy. 3.4 Encourage developers to incorporate native drought-resistant vegetation, mature trees, and other significant vegetation into the site and landscape design for proposed projects. The Harveston Specific Plan will incorporate local native vegetation, mature trees, and/or other significant vegetation into the landscape design of the proposed development (see Section 10.0, Design Guidelines). 3.5 Maintain an inventory of existing natural resources in the City through periodic updates of the Master Environmental Assessment. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 31 ~:~o~o~s~oz~rcon~s'ascr. voc OPEN SPACE / CONSERVATION ELEMENT 3.6 3.7 Limit the recreational use of designated open space ~reas where sensitive biological resources are present. This policy is not applicable because it is a City directed policy. Maintain and enhance the resources of the Temecuia Creek, Santa Margarita River, Pechanga Creek and other water ways to ensure the long-term viability of the habitat, wildlife, and wildlife movement corridors. This policy is not applicable because it is a City directed policy. Goal 4: Conservation of energy through the use of available technology and conservation practices. Discussion: To reduce energy use, the proposed Specific Plan will utilize energy saving techniques such as orienting buildings properly (i.e., north/south lot orientation), planting trees to take advantage of the sun, ensuring adequate roof overhangs, providing properly insulated walls and providing simple heat storage systems such as dual-paned windows. The project development will also include utilization of energy efficient building materials for construction in order to reduce energy use. Policies 4. t -Encourage the use of site planning techniques, building orientation and building design that reduce energy use. To reduce energy use, the proposed Specific Plan will utilize energy saving techniques such as orienting buildings properly (i.e., north/south lot orientation), planting trees to take advantage of the sun, ensuring adequate roof overhangs, providing properly insulated walls, and providing simple heat storage systems such as dual-paned windows. 4.2 Require the use of energy efficient building materials to reduce energy use. Besides using the above techniques, the project development will also include utilization of energy efficient building materials for construction in order to reduce energy use. Goal 5: Conservation of open space areas for a balance of recreation, scenic enjoyment, and protection of natural resources and features. Discussion: The Specific Plan will conserve open space areas for a balance of recreation, scenic enjoyment and protection of natural resources and features by including clustered housing as part of its land use proposal, and by dedicating substantial areas of open space as FEBRUARY 2001 32 ~:~ooo~ozv~coNstsr~vczvoc OPEN SPACE / CONSERVATION ELEMENT 5.2 5.3 5.4 5.5 5.6 community park, mini parks, arroyo park, lake, lake park, paseo park, and extensive paseos and trail system PoHcies 5.1 Pursue the conservation of the western and southern ridgelines, the Santa Margarita River, slopes in the Sphere of Influence, and other important landforms and historic landscape features through the development review process and as a condition of project approval. This policy is not applicable because it is a City directed policy. 5.7 Identify significant viewsheds to proposed projects that may be preserved through the dedication of open space or the use of sensitive grading, site design and building techniques. This policy is not applicable because it is a City directed policy. Encourage the use of clustered development and other site planning techniques to maximize the preservation of open space. The Harveston Specific Plan includes clustered housing as part of its laud use proposals, and it dedicates substantial areas of open space as community park, mini parks, arroyo park, lake, lake park, paseo park, and extensive paseos and trail system. Retain and improve the quality of landscaping in parkways, public slopes, rights-of-way, parks, civic facilities and other public open areas. The Design Guidelines Section (10.0) of the Specific Plan includes landscaping guidelines, which proposes landscaping of high standards and quality for the entire site. Coordinate with Homeowner's Association to maintain landscaping along slopes adjacent to public right-of-ways. The Harveston Specific Plan includes a maintenance plan (see Figure 12.2) which outlines the .future maintenance responsibilities of slopes, roadways and public ~ private open space and recreational facilities. Landscape sections, which identify maintenance responsibilities, are also included in Section 12.0. Coordinate with Homeowner's Associations to maintain landscaping along slopes adjacent to public right-of-ways. The Harveston Specific Plan has dedicated parkland in conformance with the policies and standards of the Park and Recreation Master Plan of the City of Temeculc~ The Specific Plan included a maintenance plan, which addresses maintenance responsibilities adjacent to Public right-of-way. Require adequate 'open space in new development for both passive and active recreation. FEBRUARY 2001 33 ~:~oo~Nt~oz~rco~s~sr~crvoc OPEN SPACE / CONSERVATION ELEMENT 5.8 5.9 5.10 5.11 5.12 The Harveston Specific Plan has dedicated adequate amounts of open space for both active and passive recreation, based on the requirements of the TCSD. Require the vegetation of graded slopes concurrent with project development to minimize erosion and maintain the scenic character of the community. Vegetation of graded slopes will be required in order to minimize erosion and visual impacts concurrent with project development. Require the connection of open space and recreation areas to adjacent developments and publicly owned recreation areas where appropriate. The proposed trail system will connect to the public Community Park which, is part of the Specific Plan area and also to City wide trails and the existing Margarita Park located off- site. Study the feasibility of establishing a System of Transferable Development Credits, in conjunction with the County, to conserve open space or agricultural uses. This policy is not applicable because it is a City directed policy. Incorporate seismic hazard safety zones into valley-wide open space and park systems. This policy is not applicable because it is a City directed policy. Encourage the use of native vegetation where re-vegetation and landscaping is to occur. The proposed plan will utilize native vegetation for the re-vegetation of the Arroyo Park. Goal 6: Preservation of significant historical and cultural resources. Discussion: This goal is not applicable because according to the Initial Study (and the City of Temecula General Plan), the site does not contain any sensitive archaeological resources. Although the study found no paleontological sites, project implementation could expose fossils through grading and other development activities. Implementation of EIR mitigation measures will ensure that exposure of cultural resources during grading/construction does not Occur. Policies 6.1 Maintain an inventory of areas of sensitive archaeological/paleontological sensitivity in the planning area. According to the Initial Study (and the City of Temecula General Plan), the site does not contain any sensitive archaeological resources. The cultural resources study that was prepared concluded the same. Although paleontological sites were not found on the site, FEBRUARY 2001 34 r:~ooo~zapcosstrr~c~.voc OPEN SPACE / CONSERVATION ELEMENT 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 project implementation could expose fossils through grading and other development activities. Implementation of EIR mitigation measures will ensure that exposure of cultural resources during grading/construction does not occur. Require sites proposed for future development to be evaluated for archaeological resources in accordance with the procedures established in a Memorandum of Agreement with the Eastern Information Center at UC Riverside. A cultural resource study was performed evaluating for archaeological resources in conformance with the procedures established in a Memorandum of Agreement with the Easter Information Center at UC Riverside. Require sites proposed for future development that are identified in this Element as being of high or undetermined paleontological sensitivity to be evaluated by a qualified vertebrate paleontologist. Although the study found no paleontological sites, project implementation could expose fossils through grading and other .development activities. Implementation of EIR mitigation measures will ensure that exposure of cultural resources during grading/construction does not occur. Require sites containing significant archaeological or paleontological resources to either preserve identified sites or provide for the professional federal of artifacts prior to development. Implementation of the mitigation measures contained in the EIR will ensure that exposure of cultural resources during grading/conservation does not occur. Require that a certified archaeologist and/or paleontologist be present on site during grading, earth moving, or demolition of structures when these resources have been discovered during construction, and for sites designated or potentially designated as culturally significant in order to ensure these sites are preserved and protected. Native American observers may be requested to be present on site to observe and relrieve cultural resources when deemed necessary by a certified archaeologist or paleontologist and/or when mandated by state law. Although the cultural resources study performed did not identify any paleontological sites, project implementation could expose fossils through grading and other development activities. Implementation of mitigation measures will ensure that exposure of cultural resources during grading/construction does not occur. Not applicable because project is not in Old Town Specific Plan area. Not applicable because project is not in Old Town Specific Plan area. Not applicable because project is not in Old Town Specific Plan area. Not applicable because project does not contain historic structures on-site. FEBRUARY 2001 35 OPEN SPACE / CONSERVATION ELEMENT 6.10 Not applicable because project does not contain historic structures on-site. 6.11 Not applicable because project does not contain historic structures on-site. Goal 7: Protection of prime agricultural land from premature conversion to urbanized uses. This goal is not applicable because the Harveston Specific Plan site does not contain any prime agricultural land, which would be converted to urbanized uses. Goal 8: A trail system that serves both recreational and transportation needs. Discussion: The proposed Harveston Specific Plan trail system proposed connections to the City wide trail systena It also seeks to create a pedestrian friendly environment where extensive trails and bike lanes are provided for ease of access between different planning areas and land uses. Policies 8.1 Provide a City-wide recreation system that connects to the County's regional trail system through adoption of a Master Plan of Trails that provides for bicycling, equestrian, hiking and jogging trails and support facilities. This policy is not applicable because it is a City directed policy. 8.2 Negotiate land deeds as necessary to implement the City-wide trail system. This policy is not applicable because it is a City directed policy. 8.3 Require proposed development to provide trail connections to the ciB)-wide trail system as defined by the Parks and Recreation Master Plan and Master Plan of Trails. 8.4 The proposed Harveston Specific Plan trail system proposes connections to the City-wide trail system, according to the Parks and Recreation Master Plan and Master Plan of Trails. Require development plans to identify locations for an internal trails/sidewalk system that links land uses and provides convenient travel to transit facilities. The Specific Plan seeks to create a pedestrian friendly environment where extensive trails and bike lanes are provided for ease of access between different planning areas and land uses. FEBRUARY 2001 36 OPEN SPACE / CONSERVATION ELEMENT Goal 9: Protection of dark skies from intrusive light sources, which may impact the Palomar Observatory Discussion: The Harveston Specific Plan is located within thirty (30) miles of Mount Palomar Observatory. In order to reduce light and glare impacts to the operations at the Observatory, outdoor lighting will be from Iow-pressure sodium lamps that are oriented and shielded to prevent direct illumination above the horizon plane passing through the luminare. Current supplies of electrical service have been strained due to recent de-regulation of the power industry. Recent shortages in generation capacity may require residents and business owners to pay higher costs for electricity or accept limitations required by the utility pur~eyors during periods of limited supply. The State of California is in the process of addressing this issue, as it is a Statewide and regional issue. Limitations will be resolved as new generating capacity is brought on line over the next few years. The project will be developed in stages and is anticipated to commence construction in early-2001. Policies 9.1 Coordinate with the County of Riverside and California Institute of Technology for Economic Research Purposes to ensure preservation procedures for dark skies are incorporated into the City development review process. This policy is not applicable because it is a City directed policy. Please see consistency analysis for Goal 9, above. 9.2 Participate in Palomar Observatory's dark sky conservation areas. The Harveston Specific Plan is located within thirty (30) miles of Mount Palomar Observatory. In order to reduce light and glare impacts to the operations at the Observatory, outdoor lighting will be from low pressure sodium lamps that are oriented and shielded to prevent direct illumination above the horizon plane passing through the luminare. FEBRUARY 2001 37 GROWTH MANAGEMENT ELEMENT GROWTH 1VIANAGEMENT / PUBLIC FACILITIZS ELEMENT Goal 1: Cooperate management of growth among local governments within Riverside County. Discussion: This goal is not applicable because it is a City directed goal. However, the Harveston Specific Plan provides ample amounts of open space for the enjoyment of the future residents of the Harveston community as well as the residents of neighboring development and the City in general. Also, the infrastructure standards have been prepared in coordination with the adjacent jurisdiction and property owners to help ensure compatibility. The plan does create unique development standards that will maintain the quality of life and the integrity of the proposed development. Policies 1.1 Continue to participate with the Western Riverside Council of Governments in the preparation of plans and programs addressing regional issues, including the Growth Management Strategy, Comprehensive Transportation Plan, Water Resources Strategy, and School Facilities Plan. This policy is not applicable because it is a City directed policy. 1.2 Strive to achieve the policies of WRCOG's Growth Management Strategy as appropriate through Temecula's Growth Management Program. This policy is not applicable because it is a City directed policy. 1.3 Assist in the establishment of cooperative efforts to implement development standards, which address quality of life issues. The Harveston Specific Plan contains extensive development standards, which strive to enforce a set of standards that would enhance and maintain a high quality of life for the community residents. 1.4 Strive to achieve economic growth and prosperity, while preserving natural beauty and the social quality of life in southwestern Riverside County. The Harveston Specific Plan has been prepared in conformance with the City of Temecula General Plan, and as such the goal of the Specific Plan is to introduce a development within the southwestern Riverside County that will achieve economic growth (i.e., 112.4 acres of Service Commercial proposed) and yet preserve the beauty and quality of life in the area (£e., extensive park and open space program proposed). 1.5 Encourage or assist in the establishment of natural reserves for the preservation of sensitive and endangered species, and to provide open space for residents. The Harveston Specific Plan provides ample amounts of open space for the enjoyment of the future residents of the Harveston community as well as the residents of neighboring developments and the City in general. The plan also includes a lO.5-acre arroyo park, which will create a riparian habitat and preserve the defined U.S. waters creek bed in its natural state. The project site does not contain any sensitive or endangered species. FEBRUARY 2001 38 GROWTH MANAGEMENT ELEMENT 1.6 1.7 1.8 1.9 1.10 Seek to establish minimum compatibility with adjacent jurisdictions for basic development standards related to infrasu'ucture and engineering, while preserving unique zoning and design standards. The Harveston Specific Plan infrastructure standards have been prepared in coordination with the adjacent jurisdictian and property owners to help ensure compatibility. The plan does create unique development standards that will maintain the quality of life and the integrity of the proposed development. Establish a joint planning process with the County to plan for future development in the Sphere of Influence. This policy is not applicable because it is a City directed policy. Establish a joint review process with the County to ensure that proposed projects in the Sphere of Influence can be adequately served in the future by the City. This policy is not applicable because it is a City directed policy. Guide the timing and provision of facilities and services to support development and protect or enhance the quality of life. The Harveston Specific Plan proposes a phasing plan of development (see Figure 12.1, Phasing Plan, in Section 12.0, Implementation and Administration) that would ensure provision of facilities and services to support development as the project buildout proceeds. Require development tO pay its fair share of the costs of facilities and services required to serve the resulting level of growth. The Harveston Specific Plan will be conditioned to pay Development Impact Fees and other required fees to mitigate its share of impacts on facilities and services that will serve the future growth. 1.11 Pursue joint efforts to achieve fiscal stability for both City and County government. 1.12 This policy is not applicable because it is a City directed policy. Consider options to jointly contract with other jurisdictions for the provisions of services or facilities to achieve economies of scale. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 39 GROWTH MANAGEMENT ELEMENT Goal 2: Orderly and efficient patterns of growth within Temecula that enhance the quality of life for residents. Discussion: In an effort to enhance the quality of life for residents, the Harveston Specific Plan includes a Mixed Use Village Center that proposes a mix of uses with an efficient circulation and open space system. The proposed project also includes a variety of housing types in terms of cost, density and design to meet the needs of different segments of the population. In nd~tition, it includes commercial uses, which would create jobs locally and regionally, therefore, maintaining a balance between jobs and housing opporttmities. Policies 2.1 Prepare and implement a Growth Management Program for Temecula. 2.2 2.3 2.4 2.5 This polio, is not applicable because it is a City directed policy. 2.6 Ensure that phasing of public facilities and services occur in such a way that new development is adequately supported as it develops. The Harveston Specific Plan proposes a phasing plan of development (see Figure 12.1, Phasing Plan, Section 12.0, Implementation and Administration) that would ensure provision of facilities and services to support development as the project buildout proceeds. Establish and maintain level of service standards in order to document adequacy requirements. The Harveston Specific Plan E]R provides an analysis of the project's impacts on levels of service and proposes mitigation to ensure adequate level of service standards are maintained with project implementation. Encourage development of Mixed Use Village Centers, as defined in the Land Use and Community Design Elements to reduce public service costs and environmental impacts through compatible land use relationships, and efficient circulation and open space systems. The Harveston Specific Plan includes a Mixed Use Village Center that proposes a mix of uses with an efficient circulation and open space system. Encourage new development that helps to create and maintain a balance between jobs and housing opportunities. The proposed project includes a variety of housing types in terms of cost, density and design to meet the needs of different segments of the population. In addition, it includes commercial uses, which would create jobs locally and regionally, therefore, maintaining a balance between jobs and housing opportunities. Establish priority growth areas within the City and Sphere of Influence where near-term urbanization will be encouraged. FEBRUARY 2001 40 ~':,2oa~m~oz~coNstrr~crvoc GROWTH MANAGEMENT ELEMENT 2.7 2.8 This policy is not applicable because it is a City directed policy. Discourage the use of assessment districts that promote urban sprawl and premature urbanization in rural and agricultural areas. This policy is not applicable because it is a City directed policy. Coordinate the Growth Management Program with the Congestion Management Pro.am as necessary. This policy is not applicable because it is a City directed policy. Goal 3: Effective and cost efficient sheriff, fire and emergency medial service within the City. Discussion: The Harveston Specific Plan E1R provides an analysis of the project's impacts on police and fire protection levels of service and proposes mitigation to ensure adequate level of service standards ts mazntained with project implementation. .P. olicies 3.1 Strive to provide a minimum of one full-time officer per 1.000 residents for police protection services. The Harveston Specific Plan EIR provides an analysis of the project's impacts on police protection levels of service and proposes mitigation to ensure adequate level of service standards are maintained with project implementation. 3.2 Strive to provide a minimum response time of between 7 and 10 minutes of an alarm for 90 percent of all fires, in accordance with the Riverside County Fire Protection and Emergency Master Plan. The Harveston Specific Plan EIR provides an analysis of the project's impacts on fire protection levels of service and proposes mitigation to ensure adequate level of service standards are maintained with project implementation. 3.3 Require new development to address fire and police protection in a proactive and preventative way through sU'eet design, orientation of enttyways, siting of structures, landscaping, lighting and other security features. 3.4 The Harveston Specific Plan design guidelines and standards (see Section' 10.0, Design Guidelines) provide for features listed above that would create a safe and secure environment for the residents. Additionally, the Specific Plan and EIR will be reviewed by police and fire so additional recommendation can be incorporated if necessary. Coordinate with the County of Riverside in the location and phasing of new sheriff facilities or fire stations to ensure that adequate service levels are maintained. FEBRUARY 2001 41 GROWTH MANAGEMENT ELEMENT 3.5 3.6 3.7 This policy is not applicable because it is a City directed policy. Promote the establishment of Neighborhood Watch Programs in conjunction with the Sheriff's Department to increase the surveillance of neighborhoods. This policy is not applicable because it is a City directed policy. Consider the provision of police services by the City if it is more cost effective than contracting with the County of Riverside. This policy is not applicable because it is a City directed policy. Promote community awareness regarding drug use and gangs through the Police Department, Community Service Department, and public service organivations. This policy is not applicable because it is a City directed policy. Goal 4: A quality school system that contains adequate facilities and funding to educate the youth of Temecula. Discussion: The Temecula Valley Unified School District has been actively involved in the Harveston Specific Plan process, and a 12.0-acre site has been designated for an elementary school in response to the District's request. The School District will be made aware of future legislative land use policy decisions. The~e will be a need to expand school facilities at all levels to accommodate students from the proposed project. The District anticipates funding the school facilities for the proposed project from the fees collected through an existing school agreement, with half of the estimate being funded by the State, so long as those funds are available. Policies 4.1 Provide information to the Temecula Valley Unified School district, when considering General Plan amendments, specific plans, zone changes, or other legislative land use policy decisions, to support the School district in providing adequate school facilities for students for new development to the extent permitted by law. The Temecula Valley Unified School District has been actively involved in the Harveston Specific Plan process, and a 12.0-acre site has been designated for an elementary school in response to the District's request. The School District will be made aware of future legislative land use policy decisions. 4.2 Promote and encourage the phasing of project development so that the School district may plan, finance, and construct school facilities intended to serve the development. The proposed project applicant is having continual discussions with the School District regarding the phasing of the development plan in relation to the timing of the school site development. FEBRUARY 2001 42 GROWTH MANAGEMENT ELEMENT 4.3 4.4 4.5 4.6 Review proposed legislative land use decisions in the context of the adequacy of present and future facilities as permitted by law. The Harveston Specific Plan has been prepared based on the City of Ternecula General Plan, and as such adheres to all the requirements of the City and takes into account adequacy of present and future facilities in making land use proposals. Provide safe access for school children walking, bicycling, or driving to and from school sites through coordination between the school disu'ict, and City depa~Unents of Planning, Public Works, and Engineering. The proposed project provides for an extensive system of trails, paseos, and bike lanes. These pedestrian/bicycle circulation systems have been designed through coordination with the City and School District and are consistent with the guidelines and requirements of the City of Temeculc~ Pursue the establishment of a txade school, junior college or 4-year college in Temecula that offers an emphasis in the education required by the engineering, biotechnical and biomedical industries located in Temecula. This policy is not applicable because it is a City directed policy. PI.an for the joint use of school/municipal facilities wherever feasible and desirable including: the joint use of school grounds, buildings, City parks, multi-purpose buildings, and recreation facilities. This policy is not applicable because it is a City directed policy. Goal 5: Public and Quasi-public facilities and services which provide for the social, cultural, civic, religious, and recreational needs of the commulfity, Discussion: The Harveston Specific Plan provides areas (i.e., community park, village green, lake park, club house facility and school) where citizens would come together and participate in community programs. Child care facilities are permitted uses within the Mixed Use Village Center and High-Density Residential areas of the Specific Plan area. Senior citigens centers are permitted uses within the Mixed Use Village Center of the Specific Plan area. Religious institutions and other quasi-public uses are permitted and encouraged within the Mixed Use Overlay Zone. The proposed project encourages promoting such use for the benefit of all the community. Policies 5.1 Acquire a civic center site and consmact permanent City Hall facilities when feasible. This policy is not applicable because it is a City directed policy FEBRUARY 2001 43 p,~oo~m~oz~vcomta~eucz~oc GROWTH MANAGEMENT ELEMENT 5.2 Continue to encourage citizens to participate in community programs and volunteer for public service positions. The Harveston Specific Plan provides areas (i.e., community park, club house facility and school) where citizens would come together and participate in community programs. The proposed project encourages promoting such activities for the benefit of all the community. 5.3 Evaluate the feasibility of providing child care facilities in connection with employment- generating uses. Child care facilities are permitted uses within the Mixed Use Village Center and High Density Residential areas of the Specific Plan area. The proposed project encourages promoting such use for the benefit of all the community. 5.4 Encourage the development of a senior citizens center(s). Senior citizens centers are permitted uses within the Mixed Use Village Center of the Specific Plan area. The proposed project encourages promoting such use for the benefit of all the community. 5.5 Encourage the provision of cultural facilities within the community, including: art museums, theaters, a performing arts center, special exhibitions, an outdoor amphitheater, and Indian Cultural Interpretive Center. The proposed Specific Plan includes an array of uses including, outdoor amphitheater, art displays, outdoor exhibition areas, and more. Such uses are permitted and encouraged within this zone. 5.6 Encourage the provision of special recreation facilities such as a stadium, a zoo, and an amusement park. This policy is not applicable because the proposed Harveston Specific Plan does not propose a stadium, a zoo, and an amusement park. 5.7 Encourage the sharing or combining of public facilities for educational, cultural, and recreational purposes to more efficiently utilize public spaces and to provide viable community gathering Multi-purpose facilities, which confirm the above listed uses are permitted and encouraged within the Mixed Use Overlay Zone. 5.8 Encourage the availability of sites for religious institutions and other quasi-public uses in the City. Religious institutions and other quasi-public uses are permitted and encouraged within the Mixed Use Overlay Zone. 5.9 Cooperate with Riverside County to provide for library facilities and services that are consistent with community needs. FEBRUARY 2001 44 p:~ooo~m~o~arcoN~vmucztwc GROWTH MANAGEMENT ELEMENT 5.10 This policy is not applicable because it is a City directed policy. Continue to assist non-profit community organizations in terms of financial and other forms of support to the extent feasible. This policy is not applicable because it is a City directed policy. Goal 6: A water and wastewater infrastructure development in the Study Area, system that supports existing and future Discussion: The proposed waster and wastewater plans for Harveston Specific Plan area will support.future development in the area, The proposed Harveston Specific Plan area is located within the Rancho California Water District water service area. The proposed water plan consists of 12- inch and 16-inch backbone pipelines for domestic and fire service to the proposed commercial, residential, and parkland uses. The wastewater flows are proposed to be treated at the Santa Rosa Water Reclamation Plant, which is owned and operated by the RCWD. Sewer from the proposed project area will be directed to the Eastern Municipal Water District sewer system along Santa Gertrudis Creek at two location*. PoHci~ 6.1 6.2 6.3 6.4 Require landowners to demonstrate that an available water supply and sewer treatment capacity exists or will be provided to serve proposed development, prior to issuance of building permits. Section 5.0, Infrastructure Plan, of the Specific Plan requires that future development provide assurance for provision of adequate water supply and sewer treatment capacity prior to issuance of building permits. Require landowners, prior to issuance of building permits, to demonstrate that adequate wastewater capacity exists to accommodate the proposed development. Section 5.0, Infrastructure Plan, of the Specific Plan requires that future development provide assurance for provision of adequate wastewater capacity prior to issuance of building permits. Coordinate with the water and wastewater disndcts when considering General Plan amendments, annexations, or development agreements; in order to assist the districts in planning for adequate capacity to accommodate future growth. The Harveston Specific Plan water and wastewater plans have been prepared in coordination with the appropriate districts. The districts were also contacted for input during the EIR process. Coordinate with the wastewater district to make reclaimed water available for irrigation purposes in the City. FEBRUARY 2001 45 GROWTH MANAGEMENT ELEMENT 6.5 6.6 The irrigation system will be designed to conform to the State's Water Conservation Assembly Bill 325 and City of Temecula Water Conservation Ordinances in effect. Additionally, the project will utilized reclaimed water, as available, for irrigation. Encourage the preparation of a long-term water management program by the District, and assist the District where appropriate. The District has been contacted for information and requirements during preparation of the utility plan for the Harveston Specific Plar~ The District was also contacted for input during the EIR process. Require all new construction of water and sewer infrastructure to be consistent with utility master plans and to implement the policies of the General Plan. The Harveston Specific Plan Section 5.0, Infrastructure Plan, requires all new construction of water and sewer infrastructure be consistent with the utility master plans and policies of the General Plan. All water and sewer lines will be designed per EMWD and/or RCWD District requirements. Goal 7: An effective, safe and environmentally compatible flood control system. Discussion: Drainage and flood control facilities and improvements will be provided in accordance with the City of Temecula and the Riverside County Flood Control District requirements. The proposed drainage plan utilizes the project streets and storm drains to carry storm water to the existing natural drainage courses and to the drainage facilities under the 1-15 freeway. A storm drain system is proposed to carry storm water that exceeds surface street capacity. Pohcies 7.1 7.2 Work with the Riverside County Flood Control District and other agencies involved in the Murrieta Creek flood control improvements to implement a flood control solution that maximizes the retention of natural resources and the provision of recreation opportunities along the creek. This policy is not applicable because it is a City directed policy. Prepare a City of Temecula Master Drainage Plan, which incorporates the Murrieta Creek Area Drainage Plan and additional planning efforts into one document. 7.3 This policy is not applicable because it is a City directed policy. Develop master drainage plans, when appropriate, for the Sphere of Influence, in conjunction with the Flood Control District. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 46 GROWTH MANAGEMENT ELEMENT Goal 8: A solid waste management system that provides for the safe and efficient collection, transportation, recovery and disposal of solid wastes. Discussion: The solid waste produced within the development area will be safely carried to the disposing facilities. Polici~ 8.1 Coordinate with the County of Riverside to provide and expand service for the collection, storage, transportation, recovery, and disposal of solid waste to meet the needs of the City. The proposed project will comply with the City of Temecula and County of Riverside requirements, and it will implement existing collection, storage, transportation, recovery and disposal of solid waste. 8.2 Provide for the collection and disposal of household hazardous waste through the adoption of a Household ~l'~Tardous Waste Element. 8.3 This policy is not applicable because it is a City directed policy. Provide for solid waste reduction and recycling within the City through the adoption of a Source Reduction and Recycling Element. This policy is not applicable because it is a City directed policy. Goal 9: Adequate electrical, natural gas, and telecommunication systems to meet the demand of new and existing development. Discussion: Electrical service is currently provided in the area by Southern California Edison Company (SCE). Adequate electric power supply can be provided. Natural gas service is currently provided by Southern California Gas Company. SCG indicates that gas service could be provided to the Specific Plan area in accordance with the Company's policies and extension rules on file with the California Public Utilities Commission at the time contractual arrangements are made. Policies 9.1 Coordinate with the responsible companies to provide for the continued maintenance, development, and expansion of electricity, natural gas, and telecommunications systems to serve residents and businesses. 9.2 As part of the Specific Plan EIR process, all utilities companies responsible for providing services to the new development were contacted to inquired about the level of service availability and additional requirements. Pursue the undergrounding of utilities along arterial roads, where feasible. The Harveston Specific Plan requires all new utility lines be undergrounded, in conformance with the requirements of the City of Temecula. ! FEBRUARY 2001 47 ~:~ooo~s~o~vrcosstsrav~ooc PUBLIC SAFETY ELEMENT PUBLIC SAFETY ELEMENT Goal 1: Protection from natural hazards associated with geologic instability, seismic events, and flooding. Discussion: To protect from natural hazards associated with geologic instubiliry, seismic events, and flooding, the Harveston Specific Plan EIR includes a geotechnical investigation that evaluates soils and geologic conditions w determine stability. Also, the Specific Plan and the EIR require that all new development onsite comply with the most recent Uniform Building Code seismic design standards. Po~cies 1.1 1.2 1.3 1.4 1.5 Require review of soil and geologic conditions to determine stability prior to project approval. In areas that may have significant geologic constraints, require analysis by a Registered Geotechnical Engineer. The Harveston Specific Plan E1R includes a geotechnical investigation prepared by a registered geotechnical engineer that evaluates soils and geologic conditions to determine stability. Geotechnical recommendations and mitigation measures will be incorporated as necessary. Require mitigation of potential adverse impacts of geologic and seismic hazards, including ground surface rapture and liquefaction, at the project level. Mitigation measures are proposed and will be enforced at the project level for all identified potential geologic and seismic hazard impacts. Monitor baTa~dous buildings in Old Town and work with property owners to remediate these buildings to improve slmctmal integrity. This policy is not applicable because the Harveston Specific Plan is not located within the Old Town, and this is a City directed policy. Require all new development to comply with the most recent Uniform Building Code seismic design standards. The proposed Harveston Specific Plan and the EIR will require that all new development onsite comply with the most recent Uniform Building Code seismic design standards. Monitor the potential for seismic events and other geologic activity with the County of Riverside and California Division of Mines and Geology. This policy is not applicable because it is a City directed policy. Additionally, the Specific Plan and the EIR require that all new development onsite comply with the most recent Uniform Building Code seismic design standards. FEBRUARY 2001 48 ~':,~oco~6oza~,coNstrr~crvoc PUBLIC SAFETY ELEMENT 1.6 1.7 1.8 1.9 Establish development management techniques to lessen the potential for erosion and landslides. Prior to initial grading, a soils report and geotechnical study will be performed that further analyze onsite soil conditions and slope stability and include appropriate measures to control erosion and landslide (see Sections 8.0, Grading Plan and 10.0, Design Guidelines). Prohibit development in the floodway portion of the lO0-year floodplain. This policy is not applicable because the project site is not located within the lO0-year floodplain. Encourage only compatible uses within the lO0-year floodplain. This policy is not applicable because the project site is not located within the lO0-year floodplain. Minimize the intrusion into and alteration of the lO0-year floodplain. This policy is not applicable because the project site is not located within the IO0-year floodplain. Goal 2: Protection of the public and environmental resources from exposure to hazardous materials and waste. Discussion: Based on the results of a Phase I analysis for the site, there are no potential risks associated with hazardous materials. Policies 2.1 Minimize the risks associated with hazardous materials through careful land use planning. The Harveston Specific Plan provides a comprehensive development plan of all land within the Specific Plan area~ Land use determination is based on the best and most appropriate use for the land and situation. Based on the results of a Phase I analysis for the site, there are no potential risks associated with hazardous materials. Goal 3: A safe and secure community, free from the threat of personal injury and loss of property. Discussion: To build a safe and secure community free from the threat of personal injury and loss of property, the Harveston Specific Plan incorporates defensible space into site plan and building design. The proposed project also provides secondary access points in conformance with the City standards to ensure timely emergency service response. Policies 3.1 Ensure adequate facilities and police and fire service personnel are provided in the City. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 49 p:~ooo~m~coN~sr~cv, voc PUBLIC SAFETY ELEMENT 3.2 Continue to work with the community in operating Neighborhood Watch prog~arm that promote mutual assistance and crime prevention activities among residents. This policy is not applicable because it is a City directed policy. 3.3 Reduce the risk of wildland fire through imposition of site-specific development standards during project review. This policy is not applicable because it is a City directed palicy. 3.4 Require new development to incorporate defensible space into site plan and building design. The Harveston Specific Plan incorporates defensible space into site plan and building design (see Section JO.O, Design Guidelines). 3.5 Require all residential development with 35 or more dwelling units to provide secondary access that meets all City standards to ensure timely emergency service response. The proposed project does provide secondary access points in conformance with the City standards to ensure timely emergency service response. Goal 4: Policies 4.1 4.2 4.3 4.4 4.5 An effective response of emergency services following a disaster. This goal is not applicable because it is a City directed goal. Provide for and maintain a coordinated emergency service response to reduce community risks and property damage in the event of a disaster. This policy is not applicable because it is a City directed policy. Coordinate emergency response planning with Riverside County and the Federal Emergency Management Agency. This policy is not applicable because it is a City directed policy. Encourag. e community-wide emergency preparedness among City residents and the business commumty. This policy is not applicable because it is a City directed policy. Regulate location of critical facilities to ensure their continued functioning following a disaster. This policy is not applicable because it is a City directed policy. Establish and maintain an emergency operations center (EOC) for emergency and disaster situations in a safe and secure location. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 50 ~:~ooo~oza~cosstrr~cr. voc NOISE ELEMENT NOISE ELEMENT Goal 1: Land Use planning that provides for the separation of significant noise generators from sensitive receptor areas. Discussion: The design of the Harveston land use plan has taken into account noise factors and has sought to maintain a balance where no significant noise impact would result. There are no significant noise generators included within the Harveston Specific Plan arecr The noise emanating from construction activities is considered temporary, however the EIR provides mitigation measures to mitigate this impact. Policies 1.1 1.2 1.3 1.4 1.5 Discourage noise sensitive land uses in noisy exterior environments unless measures can be implemented to reduce exterior and interior noise to acceptable levels. Alternatively, encourage less sensitive uses in areas adjacent to major noise generators but require appropriate interior working environments. The design of the Harveston land use plan has taken into account noise factors and has sought to .maintain a balance where no significant noise impact would result The EIR provides a detailed tmpact analysis and mitigation measures, as necessary. Limit the hours of construction activity in residential areas in order to reduce the inmasion of noise in the early morning and late evening hours, and on weekends and holidays. As part of the Harveston Specific Plan EIR, a noise study was conducted to analyze potential noise impacts and introduce mitigation measures, including limitations on hours of constructior~ Incorporate noise standards in the Development Code to ensure that residents are not exposed to excessive levels of noise from stationary sources. As part of the Harveston Specific Plan EIR, a noise study was conducted to analyze potential noise impacts and introduce mitigation measures. The Development Code includes standards that ensure the residents are not exposed to excessive noise levels from stationary sources. Require proposed industrial or commercial projects located near existing or planned residential ureas to demonstrate that the project when constructed, will comply with the City noise requirements. The Harveston Specific design guidelines and development standards require the Service Commercial uses comply with the City noise requirements. Work with the school district to relocate the school bus maintenance yard to an area that will not adversely impact sensitive receptors. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 51 p:eooo~v~ozarcosst~czooc NOISE ELEMENT 1.6 1.7 1.8 Ensure that current noise hazard areas in the City are identified, quantified, and mapped in a form that is available to decisionmakers. This policy is not applicable because it is a City directed policy. Utihze the information from the noise contour map in the General Plan in the development review process to ensure that noise sensitive land uses are not located near major stationary noise sources. Development of the land use plan of the proposed project utilized information from the noise contour map to ensure that the noise sensitive land uses are not located near major stationary noise sources. Additionally, as part of the Harveston Specific Plan EIR, a noise study was conducted to analyze potential noise impacts and introduce mitigation measures, including noise standards in the Development Code. Minimize noise conflicts between land uses and the circulation network. The land use relationships of the Harveston Specific Plan area have been arranged in a manner to minimize any potential noise conflicts between land uses and the circulation network. Additionally, as part of the Harveston Specific Plan EIR, a noise study was conducted to analyze potential noise impacts and introduce mitigation measures, including noise standards in the Development Code. Existing light industrial uses will located next to residential uses in Planning Area No. 1. It should be noted that this will not present any conflict, as the side of the existing industrial building will be located at the rear of the residential uses. In addition, an additional landscape buffer has been included at the rear of these parcels. Goal 2: The control of noise between land uses. Discussion: As part of the Harveston Specific Plan EIR, a noise study was conducted to analyze potential noise impacts and to introduce mitigation measures, including noise standards in the Development Code. PoHci~ 2.1 Limit the maximum permitted noise levels which cross property lines and impact adjacent land uses. As part of the Harveston Specific Plan EIR, a noise study was conducted to analyze potential noise impacts and introduce mitigation measures, including noise standards in the Development Code. FEBRUARY 2001 52 r:uo*o~vt~o~v~cosstrmvc~ooc NOISE ELEMENT Goal 3: Consider noise issues in the planning process. Discussion: The Harveston Noise Study evaluates potential noise conflicts from project buildout and based upon identified noise impacts proposes the use of site design and building design techniques, including the use of landscape setbacks or berms, building orientation, and buffering of noise sensitive areas, as a means to minimize noise impacts and/or additional mitigation measures as appropriate. PoHcies 3.1 Establish standards for acceptable limits of noise for various lands use in the City. This policy is not applicable because it is a City directed policy. 3.2 Work with the County of Riverside and the City of Murrieta in minimizing or avoiding conflicts between land use and noise prior to project approvals. This policy is not applicable because it is a City directed policy. 3.3 Encourage the use of site design and building design techniques, including the use of landscape setbacks or berms, building orientation, and buffering of noise sensitive areas, as a means to minimize noise impacts. The Harveston Noise Study evaluates potential noise conflicts from project buildout and based upon identified noise impacts proposes the above techniques and/or additional mitigation measures as appropriate. 3.4 Evaluate potential noise conflicts for individual sites and projects. The Noise Study evaluates potential noise conflicts, and based upon identified noise impacts proposes mitigation measures as appropriate. 3.5 Require mitigation of all significant noise impacts as a condition of project approval. The Noise proposes mitigation measures, as necessary, which will be enforced as conditions of project approval. Goal 4: M~nlmi~e noise impacts from transportation noise sources. Discussion: To minimize noise impacts from transportation noise sources the Noise Study in the EIR evaluates the potential noise impacts and proposes mitigation measures as appropriate. Additionally, the proposed Specific Plan has been coordinating efforts with Caltrans and will comply with the requirements set forth by that agency. FEBRUARY 2001 53 r:eooo~o'~a~coNstz~vczvoc NOISE ELEMENT PoUcies 4.1 4.2 4.3 4.4 4.5 Develop a program to construct barriers to mitigate sound levels where necessary or where feasible to ensure the peace and quiet of the community. The Noise Study as part of the EIR, evaluates the potential noise impacts and proposes mitigation measures as appropriate, in order to ensure peace and quiet within the community. Ensure the effective enforcement of City, State, and Federal noise standards by all appropriate City Divisions. This poli0, is not applicable because it is a City directed policy. Enforce the speed limit on arterials and local roads to reduce noise impacts from vehicles, particularly in residential areas. This policy is not applicable because it is a City directed policy. Coordinate with Caltrans to ensure the inclusion of noise mitigation measures in the design of new highways projects or improvements to existing facilities including, interchange improvements along 1-15, widening of SR 79 South, SR 79 North and the proposed Date Street/I- 15 interchange. The proposed Specific Plan has been coordinating efforts with Caltrans and will comply with the requirements set forth by that agency The City shall participate in the planning and impact assessment activities of the Airport Land Use Commission and other regional or state agencies relative to any proposed expansion of the airport or change in flight patterns. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 54 p:~oo~N~*o~ecoNstrr~c~voc COMMUNITY DESIGN ELEMENT AIR QUALITY ELEMENT Goal 1: Improvement of air quality through proper land use planning in Temecula. Discussion: The Harveston Specific Plan contains a balanced mix of residential and employment opportunities, therefore, reducing vehicle miles traveled. The circulation plan and the land use plan have been coordinated to minimize land use conflicts and prevent potential impacts. As part of the E1R document, an Air Quality analysis was conducted to evaluate the air pollutant emissions and introduce mitigation measures, which will be enforced in order to reduce air pollution. Policies 1.1 Encourage new development that provides employment opportunities for residents of Temecala to improve the balance of jobs relative to housing. The Harveston Specific Plan contains a balanced mix of residential and employment opportunities, therefore, reducing vehicle miles traveled. The Specific Plan area contains a service commercial area, and a Mixed Use Village Center, which also includes commercial and retail. 1.2 Encourage in-fill development near activity centers and along transportation corridors. This policy is not applicable because it is a City directed policy. 1.3 Minimize land use conflicts between emission sources and sensitive receptors. The circulation plan and the land use plan have been coordinated to minimized this conflict and prevent potential impacts. 1.4 Reduce air pollutant emissions by mitigating air quality impacts associated with development projects to the greatest extent feasible. As part of the EIR document, an Air Quality analysis was conducted to evaluate the air pollutant emissions and introduce mitigation measures, which will be enforced in order to reduce air pollution. Goal 2: Enhanced mobility to minimize air pollutant emissions, Discussion: The Harveston Specific Plan proposes a pedestrian-friendly environment where walking and biking are encouraged through provision of extensive walking trails/paseos and bike lanes that connect different planning areas and uses within the community. To have an efficient flow of traffic, the Specific Plan proposes a hierarchy of streets, in which arterials circumvent the FEBRUARY 2001 55 p:X2OO~MNiSO2~Gi~CON$1$'I'F.~¢EDOC COMMUNITY DESIGN ELEMENT PoHcies 2.1 2.2 2.3 community, collector roads proceed into the community, and internal neighborhood streets web throughout the neighborhoods. 2.4 2.5 Implement transportation demand management techniques to reduce motor vehicle trips, including walking, bicycling, ridesharing, local txansit, staggered work schedules and telecommunications. The Harveston Specific Plan proposes a pedestrian-friendly environment where walking and biking are encouraged through provision of extensive walking trails/paseos and bike lanes that connect different planning areas and uses within the community. 2.6 Maintain an orderly flow of traffic and improve mobility through the use of transportation systems management techniques. A Traffic and Circulation Analysis was prepared as part of the EIR, which analyzed the future traffic `flow and proposed mitigations to improve the `flow. Additionally, the Specific Plan proposes a hierarchy of streets, in which arterials circumvent the community, collector roads proceed into the community, and internal neighborhood streets web throughout the neighborhoods. This system allows an efficient flow of traffic. Pursue development of a public transit system including local shuttle and bus routes, and bicycle and pedestrian trails that are linked to regional light rail. The Harveston Specific Plan will comply with the City of Temecula and the Riverside Transit Agency to facilitate provision of transit service. Coordination and correspondence with the Riverside Transit Agency was completed as part of the Harveston EIR preparation. All maps will be conditioned during the review stage to ensure compliance. Promote alternatives to motorized transportation by establishing a convenient and efficient system of bicycle routes and pedesu-ian walkways. The proposed Specific Plan introduces a pedestrian and bicycle friendly environment where extensive systems of trails/paseos and bike lanes are provided for ease of access between different planning areas and uses. Promote the use of alternative clean fueled vehicles for personal and business use. This policy is not applicable because it is a City directed policy. Encourage programs that reduce local traffic congestion at peak hours and during special events. A Traffic and Circulation Analysis was prepared which analyzes circulation in the Specific Plan area and its potential impact on a larger area during peak hours. The analysis proposes mitigations to reduce potential congestion. FEBRUARY 2001 56 COMMUNITY DESIGN ELEMENT Goal 3: Incorporate energy conservation practices and recycling to reduce emigsions. Discussion: The Harveston Specific Plan requires future developments employ passive solar heating techniques in order to save energy consumption. Passive systems will include orienting buildings properly (i.e., north/south lot orientation), planting trees to take advantage of the sun, ensuring adequate roof overhangs, properly insulating walls, and incorporating simple heat storage systems, including dual-paned windows. Policies 3.1 Encourage community-wide reductions in energy consumption through conservation. The Harveston Specific Plan encourages future developments employ passive solar heating techniques in order to save energy consumption. Passive systems will include orienting buildings properly (£e., north/south lot orientation), planting trees to take advantage of the sun, ensuring adequate roof overhangs, properly insulating walls, and incorporating simple heat storage systems, including dual-paned windows. 3.2 Promote local recycling of wastes and the use of recycled materials. The Harveston Specific Plan will comply with City of Temecula curb--side recycling programs. Goal 4: Effective coordination of air quality improvement efforts in the Western Riverside area. This goal is not applicable because it is a City, regional, and state agency directed goal. Policies 4.1 Coordinate planning efforts with other local, regional and state agencies, including WRCOG, SCAQMD and SCAG, in theix efforts to improve regional aix quality. This policy is not applicable because it is a City, regional, and state agency directed policy. Encourage participation of local citizens, the business community and interested groups and individuals in air quality planning and implementation efforts. This policy is not applicable because it is a City, regional, and state agency directed policy. Promote programs, which educate the public about regional air quality issues. This policy is not applicable because it is a City, regional, and state agency directed policy. 4.2 4.3 FEBRUARY 2001 57 COMMUNITY DESIGN ELEMENT COMMUNITY DESIGN ELEMENT Goal 1: Enhancement of the City's image related to its regional and natural setting and its tourist orientation. Discussion: The proposed Harveston Specific Plan project includes plans for a 13.8-acre Arroyo Park, which will recapture more naturalistic California landscape and provide a naturalistic setting for walking, hiking, and picnicking, therefore offering a different recreation experience for the residents of the community as well as the City. Additionally, the proposed project offers extensive systems of trails and open space, which will be connected to different areas within the development. Another feature of the project, .which would be attractive for visitors to the community is the lake connected to other parts of the community through trails. Policies 1.1 Promote the development of a comprehensive system of trails and open space areas that connect schools, public recreation areas, residential areas, and commercial centers. The Harveston Specific Plan has incorporated plans for a paseo/trail system that will connect public recreation area, schools, residential areas and commercial areas. 1.2 Promote the development of a comprehensive system of trails and open space areas that connect schools, public recreation areas, residential areas, and commercial centers. This policy is not applicable because the Harveston Specific Plan area is not located within the Old Town area. 1.3 Develop design standards to enhance the visual character of commercial centers that are located adjacent to 1-15. The Harveston Specific Plan includes extensive design guidelines (see Section 10.0) and development standards (see Section 11.0) that will apply to the whole Specific Plan area (including the service commercial areas - adjacent to 1-15) and provide unifying elements to visually tie the community and create a distinct character. 1.4 Promote community identity by providing specially designed gateway signage at the primary enWances to the City. The Harveston Specific Plan proposes entry monumentation at the primary and secondary entrances to the community to promote an identity for the project area. (See Figures 10.2-10.5, Section 10.0, Design Guidelines). 1.5 Maintain and incorporate natural amenities such as: rock outcroppings, indigenous vegetation, streams and watercourses into development projects to protect the environment and provide natural landscaping, protect views, and to provide recreational opportunities in order to maintain the quality of life. FEBRUARY 2001 58 COMMUNITY DESIGN ELEMENT The proposed project includes plans for a lO. 5-acre Arroyo Park, which will recapture more naturalistic California landscape and provide a naturalistic setting for walking, hiking, and picnicking, therefore offering residents a different recreation experience. Goal 2: Design excellence in site plonning, architecture, landscape architecture and signage in new development and modifications to existing development. Discussion: The Harveston Specific Plan introduces consistent and unifying design guidelines that would apply throughout the community to tie different elements into a design theme that would reflect the image of the community. The Specific Plan includes flexible design standards for the commercial development that are compatible with standards for other uses in the community, yet create an identity for the commercial development. Additionally, the Harveston Specific Plan proposes entry monumentation at the primary and secondary entrances to the community to promote an identity for the project area. Policies 2.1 Establish and consistently apply design standards and guidelines for residential and non- residential development. The Harveston Specific Plan introduces consistent and unifying design guidelines (see Section 10.0) that would apply throughout the community to tie different elements into a design theme that would reflect the image of the community. 2.2 Promote a cohesive and iategrated pattern of development for large undeveloped areas, by requiring the preparation of Specific Plans. This policy is not applicable because it is a City directed policy. 2.3 Provide development standards to ensure higher quality design that is well integrated with the infrastructure and circulation systems. The Harveston Specific Plan as well as the Planning Area Development Standards (see Section ILO) is compatible and well integrated with other elements in the Specific Plan document. 2.4 Formulate flexible design standards for commercial development that enhances the special identity and visual character of the commercial development. The Specific Plan includes flexible design standards for the commercial development that are compatible with standards for other uses in the community, yet create an identity for the commercial development. 2.5 Limit light/glare pollution through design standards for outdoor lighting and the use of low intensity lights. FEBRUARY 2001 59 COMMUNITY DESIGN ELEMENT 2.6 The Harveston Specific Plan is located within thirty (30) miles of Mount Palomar Observatory. In order to reduce any potential impacts from light and glare, outdoor lighting will be from low pressure sodium lamps that are oriented and shielded to prevent direct illumination above the horizontal plane passing through luminare. Enhance the individuality and special visual identity of commercial districts and unified streetscape plans. The proposed plan includes guidelines for different uses within the community and streetscape plans that seek to enhance the individuality and identity of each district and yet unify the whole community into a distinct design theme. Goal 3: Preservation and enhancement of the positive neighborhoods. qualifies of individual districts or Discussion: Although this goal is not applicable because it pertains to existing older communities, the Specific Plan seeks to create neighborhoods with distinct character, yet tying th~m with unifying architectural and landscape themes. The use of landscaping is an important element in design of the Harveston Specific Plan. Landscape features from passive turf areas to group shade arbors and thematic and buffer landscape treatments all play important roles in creating a visually interesting development and reduce conflicts between different land uses. The Mixed Use Village Center in the Specific Plan area creates a pedestrian friendly environment where City residents can enjoy amenities such as plazas, gardens, gathering places, benches, and much more to have a recreational as well as social experience. Policies 3.1 Improve the appearance of neighborhood areas and the "edge" between neighborhoods through, landscaping, location of open space buffers, and special landscape features. The Harveston Specific Plan provides for special landscaping techniques as buffers between different planning areas and uses. 3.2 Preserve the scale and character of residential development by creating appropriate transitions between lower density, rural areas, and higher density development. The different land uses within the Specific Plan are arranged in a manner that creates transitions between different densities and different uses. Special design elements and landscaping achieves this transition- 3.3 Encourage the use of creative landscape design to create visual interest and reduce conflicts between different land uses. The use of landscaping is an important element in design of the Harveston Specific Plan. Landscape features from passive turf areas to group shade arbors and thematic and buffer FEBRUARY 2001 60 p:eooo~v~o~coNs~rr~czooc COMMUNITY DESIGN ELEMENT 3.4 landscape treatments all play important roles in creating a visually interesting development and reduce conflicts between different land uses. Improve the pedestrian orientation, convenience and safety of commercial centers through the provision of pedestrian amenities such as benches, plaza areas, information kiosks and other street furniture, and through careful site planning and architectural design. The Mixed Use Village Center in the Specific Plan area creates a pedestrian friendly environment where pedestrians can enjoy amenities such as plazas, gardens, gathering places, benches, and much more to have a recreational as well as social experience. Goal 4: A streetscape system that provides cohesiveness and enhances community image. Discussion: The sidewalks and paseos included in the proposed plan incorporate unique design features, landscaping, and amenities. Many of the proposed paseos will meander through the adjacent landscape; generous landscape parkways between roads and sidewalks create a positive image and provides identity for the community. PoHcies 4.1 Promote the development of a continuous sidewalk and trail system throughout the City. The Harvestan Specific Plan includes an extensive system of trails/paseos, bike lanes, and sidewalks that circulate throughout the development and connect to city wide trail systems off- site. 4.2 Formulate a comprehensive streetscape program for the major streets in the City, including unified landscaping, lighting, paving patterns, and other public improvements. 4.3 This policy is not applicable because it is a City directed policy. Encourage variety in the design of sidewalks and trails, with respect to alignment and surface materials, to provide a convenient and enjoyable experience for the users. The sidewalks and paseos included in the proposed plan incorporate unique design features, landscaping, and amenities offering users a different recreational experience. Many of the proposed paseos will meander through the adjacent landscape. 4.4 Establish a city-wide street wee and median/slope planting program. Section 10.0, Design Guidelines, of the Harveston Specific Plan requires that a detailed landscape program and guidelines for roadways and slopes be prepared by a qualified landscape architect, subject to review by City staff. The landscaping guidelines include a special street tree and median/slope planting program. The City (TCSD) will maintain all the landscaped medians and LDZ's adjacent to single family residential, on roadways with a 66-foot ROW of larger. The applicant or master developer will be responsible for maintenance of all slopes planting areas until such time as these operations are the responsibility of other parties. FEBRUARY 2001 61 COMMUNITY DESIGN ELEMENT 4.5 4.6 4.7 4.8 Where feasible, require the provision of landscaped parkways between roads and sidewalks. · The roadway sections contained in Section 10.0, Design Guidelines, of the Specific Plan depict generous landscaped parkways between roads ar~ sidewalks. Arterial roads should be designed as landscaped parkways that serve as unifying urban design elements. The Design Guidelines (Section 10.0) of the Specific Plan include a unifying urban design theme for the arterial roads. Encourage the use of drought tolerant landscape materials that are easy to maintain and are approved by the City's Parks and Recreation Department. The plant material selection for common landscape areas for Harveston is presented in a plant palette that is broken down into different types of uses within the Specific Plan area (see Section 10.0, Design Guidelines). The plant material guidelines provide flexibility and diversity in plant material selection, while maintaining a limited palette in order to give greater unity and thematic identity to the community. The plant palette includes drought tolerant materials and will be subject to approval by the City's Community Services Department. Establish and enforce weed abatement programs on undeveloped properties and along major arterials. An effort to enforce weed abatement programs along major arterials will be part of the maintenance program for roadways identified in Section 10.0, Design Guidelines, of the Specific Plan. Goal 5: Protection of public views of significant natural features. Discussion: The Harvestan Specific Plan will not impact public views of the surrounding significant natural features. The project site does not include any natural features that would be impacted by the development. Poficies 5.1 Work with the County of Riverside to protect the surrounding hillside areas. This policy is not applicable because it is a City directed policy. 5.2 Promote the development of mm-outs on scenic roads. This policy is not applicable because it is a City directed policy. FEBRUARY 200I 62 ~:~ooo~s~oz~nzosstrr~czooc COMMUNITY DESIGN ELEMENT 5.3 Require the revegetation and maintenance of graded slope areas. The Harveston Specific Plan (see Section 8.0, Grading Plan and 9.0, Landscaping) requires the revegetation and maintenance of graded slope areas. Goal 6: Maintenance and enhancement of the City's public spaces and resources. Discussion: The Harveston Specific Plan promotes public spaces within the development. In areas of high pedestrian activity (i.e., the Mixed Use Village Center) provisions for street furniture and shade trees are included. Outdoor sitting area and plazas are part of the Mixed Use Village Center. In ndrlition, in paseos and passive recreation parks, trees and benches are provided for the convenience and comfort of the users. Policies 6.1 Provide for street furniture in areas with high pedestrian activity and provide for shade trees in shopping areas. The Design Guidelines of the Specific Plan provides detailed description of roadways, including street furniture and other elements. In areas of high pedestrian activity (i.e., the Mixed Use Village Center) provisions for street furniture and shade trees are included. In addition, in paseos and passive recreation parks, trees and benches are provided for the convenience and comfort of the users. 6.2 Establish improvement plans for ~he City's public spaces and include these plans in the Capital Improvement Program. This policy is not applicable because it is a City directed policy. 6.3 Assure that operating and maintenance costs are adequately provided for public facilities. Section 12.0. Implementation and Administration, of the Specific Plan ad, tresses costs of operating and maintaining public facilities. Additionally, Development Impact Fees, to be paid by the project, will provide for capital improvements. Goal 7: Community gathering areas, which provide for the social, civic, cultural and recreational needs of the community. Discussion: The Harveston Specific Plan proposes gathering areas and plazas within the commercial developments (Mixed Use Village Center) that will also accommodate social events. Additionally, the Village Green creates a public gathering place, which will encourage social interaction and community activities, such as concerts or farmers markets. Also, mini parks in FEBRUARY 2001 63 COMMUNITY DESIGN ELEMENT addition to paseos and passive recreational parks and a clubhouse facility are provided throughout the development where residents will gather for social and recreational actt'vities. PoHcies 7.1 Encourage the development of public spaces and plazas within commercial developments that can accommodate cultural and social events and function as community gathering areas. The Harveston Specific Plan proposes gathering areas and plazas within the commercial developments (Mixed Use Village Center) that will accommodate social events. Additionally, the Village Green creates a public gathering place, which will encourage social interaction and community activities, such as concerts or farmers markets. 7.2 Encourage the development of multi-purpose facilities within commercial developments that may be leased for a variety of public and private events. The Harveston Specific Plan proposes multi-purpose facilities within the commercial developments (Mixed Use Village Center) that will accommodate public and private events. The Village Club will include facilities that can be utilized for events such as weddings. Additionally, uses within the Mixed Use Village Center such as church can accommodate public and private events. 7.3 Encourage the development of a range of uses within commercial developments that provide for day and evening activities. Day and evening activities are permitted and encouraged within the Mixed Use Village Center and Service Commercial areas. 7.4 Encourage development of common areas and facilities within residential developments to provide gathering areas for social and recreational activities. Mini parks in nd~tition to paseos and passive recreational parks and a clubhouse facility are provided throughout the development where residents will gather for social and recreational activities. 7.5 Encourage the development of employee lunch areas within the industrial/business park facilities. Some industrial/business park uses are permitted within Planning Are No. 12 of the Specific Plan. While the Specific Plan does not expressly require employee lunch areas within the industrial/business park areas, the City's Development Code does. Section 12.1 of the Specific Plan states: "any development regulation and building requirement not addressed in the Specific Plan shall be subject to the City's adopted regulations." It is anticipated that these employee lunch areas will be provided if these uses are developed. 7.6 Promote the provision of cultural facilities within the community including: art museums, theaters, performing art centers, outdoor amphitheaters, and special cultural exhibitions. The Harveston Specific Plan includes a Village Club where above activities are allowed and encouraged. Additionally, outdoor activities such as exhibitions, outdoor amphitheaters, and public gathering are also permitted in open space areas adjacent to the Mixed Use Village Center. FEBRUARY 2001 64 ECONOMIC DEVELOPMENT ELEMENT ECONOMIC DEVELOPMENT ELElVIENT Goal 1: Development of a strong base of clean manufacturing activities which employs a skilled labor force and can be successfully integrated into Temecnia's community character. Some clean manufacturing uses are allowed in the Planning Area No. 12 of the Specific Plan. This may contribute to ihe existing strong base of clean manufacturing activities which employs a skilled labor force. This type of development will also be held to the standards required of other clean manufacturing uses, thereby being successfully integrated into Temecula's community character. Goal 2: Diversification of the economic base to include a range of manufacturing, retail and service activities. Discussion: The Harveston Specific Plan has been designed taking into account the City of Temecula's socio- economic patterns, and therefore, will adapt to the City's both short and long-term economic conditions. The proposed project includes plans for retail, service commercial, and other activities that provides a broad selection of high-quality goods and services for residents, workers and tourists. Policies 2.1 Provide for industrial land uses, which facilitate a variety of user types, including manufacturing space, storage and dis~bution, back-office space, and research and development space. This policy is not applicable because the Harveston Specific Plan does not include industrial and manufacturing uses. 2.2 Plan for land use and development patterns that allow succession of use and will adapt to Temecula's economic conditions. The Harveston Specific Plan has been destgned taktng mto account the Ctty of Temecula s soc o- economic patterns, and therefore, will adapt to the City's both short and long-term economic conditions. 2.3 Promote development of properly located and well designed commercial centers to meet the diverse service needs of the City. The Harveston Specific Plan includes plans for well designed commercial centers that will meet the many service needs of the City. The appropriate location of the Service Commercial supports the above policy. 2.4 Promote retail and other support activities that provide a broader selection of high-quality goods and services for residents, workers and tourists, including apparel, general merchandise, home furnishings and appliances. FEBRUARY 2001 65 ECONOMIC DEVELOPMENT ELEMENT 2.5 The proposed project includes plans for retail and other activities that provides a broad selection of high-quality goods and services for residents, workers and tourists. Use redevelopment powers and opporttm/ties to enhance development opportunities. This policy is not applicable because it is a City directed policy. Goal 3: Maintain an economic base to provide a sound fiscal foundation for the City as well as quality community facilities and high service levels. Discussion: The Harveston Specific Plan proposes a broad array of uses ranging from neighborhood retail commercial to service commercial, residential, recreational and school The uses are phased in a manner to balance revenue generating land uses with uses that have negative fiscal impacts. The commercial activities provided for within the Specific Plan area will greatly help in providing fiscal balance, local tax, and employment opportunities. Policies 3.1 Encourage a pattern of development that balances revenue generating land uses in phase with other uses that have negative fiscal impacts. The Harveston Specific Plan proposes a broad array of uses ranging from neighborhood retail commercial to service commercial_, residential, recreational and school. The uses are phased in a manner to balance revenue generating land uses with uses that have negativefiscal impacts. 3.2 Encourage the growth or relocation of industries that generate local tax and employment advantages. The commercial activities provided for within the Specific Plan area will greatly help in providing fiscal balance, local tax, and employment opportunities. 3.3 Evaluate fiscal impacts of new development on an ongoing basis and provide appropriate mitigation stxategies. This policy is not applicable because it is a City directed policy. 3.4 Take advantage of Temecula's regional capture of taxable sales and continue to establish Temecala as retailing center along the Interstate 15 conidor. The Harveston Specific Plan contains 112.4 acres of service commercial uses, which will help continue to establish Temecula as a retailing center along the Interstate 15 corridor. FEBRUARY 2001 66 ECONOMIC DEVELOPMENT ELF. MENT Goal 4: Establishment of a diverse education and training and job placement system, which will develop and maintain a high quality work force in Temecula. Discussion: The Harveston Specific Plan proposes learning institutions, such as university extension, a junior college, and learning centers (for elementary through high school) within the Mixed Use Village Center. Policies 4.1 Support economic development goals through a range of education and training activities. The Harveston Specific Plan supports educational programs and activities that would benefit the residents locally and throughout the City of Temecula. The Mixed Use Village Center contained in the Specific Plan permitted uses that would allow for different education and training activities and program*. 4.2 Establish a proactive, periodic dialogue early in the planning process between the City and educational institutions, including school districts and community colleges, on issues related to the phasing of development, service standards and demands. During the development and design of the Harveston Specific Plan, the project's planners have continually been in contact with educational institutions on issues such as phasing of development, service standards and demands. The project's impacts on these institutions have been analyzed in the Environmental Impact Report. The project has been particularly in contact with the School District on the issue of locating a 12.0-acre elementary school within the project site. 4.3 Explore the potential for a comprehensive extension center through UC Riverside and/or the California State University system. The Harveston Specific Plan proposes learning institutions, such as university extension, a junior college, and learning centers (for elementary through high school) within the Mixed Use Village Center. Goal 5: Promote the advantages to businesses of locating in Temecula, including cost advantages, amenities, housing, comrnnnity activilies and civic services. Discussion: The Harveston Specific Plan includes many incentives for businesses locating in Temecula and in the Harveston community. The proposed project provides an array of housing opportunities with varying costs, sizes, and densities, which provide opportunities to different income levels. In addition, it offers diverse amenities, recreation facilities, and open spaces throughout the community, which will appeal to many businesses. FEBRUARY 2001 67 ECONOMIC DEVELOPMENT ELEMENT 5.1 Develop and maintain a marketing program to publicize the virtues of relocating to Temecula. This policy is not applicable because it is a City directed policy. 5.2 Monitor the economic conditions in Temecula in comparison to other locations in California and throughout the nation to determine relative advantages. This policy is not applicable because it is a City directed policy. 5.3 Monitor the supply of housing in relation to the supply of jobs in terms of balancing area-wide jobs, households, worker earnings and housing expenses. This policy is not applicable because it is a City directed policy. 5.4 Monitor existing businesses in Temecula and identify the elements of a business retention program. This policy is not applicable because it is a City directed policy. Goal 6: Develop Temecula as a comprehensive, recognizable tourist destination, with a range of attractions throughout and beyond the sphere of influence. This goal is not applicable because it is a City directed goal. Policies 6.1 Encourage and enhance cooperative efforts with the wine-making industry in the Temecula Valley to promote Temecula as a destination resort. This policy is not applicable because it is a City directed policy. 6.2 Identify commercial recreation, convention and resort activities - including golf-oriented resorts - that can take advantage of Temecula's character and climate, while complementing wine- making activities. This policy is not applicable because it is a City directed policy. 6.3 Revitalize and enhance Old Town to expand its role in local tourism and to improve its attractiveness, accessibility, and economic vitality. This policy is not applicable because it is a City directed policy. 6.4 Enhance the City's image through development of cultural facilities, including performance arts, This policy is not applicable because it is a City directed policy. FEBRUARY 2001 68 EXHIBIT B SPECIFIC PLAN 13 (Specific Plan 13 is on file in the Official Records of the City Clerk and incorporated herein by this reference as though set forth in full.) R:\S P~Harveston SP~City Council\SP Reso. DOC 5 EXHIBIT C CONDITIONS OF APPROVAL FOR SPECIFIC PLAN 13 R:\S PXHarveston SP~Ciw CouncihSP Reso. DOC 6 EXHIBIT C CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA99-0418 (Specific Plan) - Harveston Specific Plan No. 13 Project Description: A Specific Plan consisting of approximately 550 acres that proposes 1,921 residential units with a variety of residential product types and lot sizes; a 12 acre elementary school site; a 7 acre lake with a 6.9 acre lake park; a 15.5 acre community park; a 13.8 acre arroyo open space park; a Mixed-Use Overlay zone (Village Green) which may be as large as 13 acres; and 112.5 acres of Service Commercial land adjacent to Interstate 15. Assessor's Parcel Nos. 910-261-001, 910-261-002, 910-110-013, 910-110-015, 910-110- 020, 910-110-021, 910-110-027, 910-110-078, 910-100-007, 910- 100-008, 910-080-009, 910-120-008, 911-630-001, 911-630-002, 911-630-003, 911-640-001, 911-640-002, 911-180-002, 911-180- 003, 911-180~004, 911-180-008, 911-180-009, 911-180-015, 911 - 180-023 AND 911-180-028. Approval Date: August 14, 2001 PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project The applicant shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Nine Hundred Twenty-Eight Dollars ($928.00) which includes the Eight Hundred and Fifty Dollar ($850.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Seventy-Eight Dollars ($78.00) County administrative fee, to enable the City to file the Notice of Determination for the Environmental Impact Report required under Public Resources Code Section 21151 and California Code of Regulations Section 15904. If within said forty-eight (48) hour period the Applicant has not delivered to the Community Development Department - Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). General Requirements The permittee/applicant shall indemnify, defend with counsel of City's own election, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. R:\S P\Harveston SP\PC Docs\COA-SP.doc The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. All development within this site shall be in accordance with the requirements of all City ordinances, except as expressly modified herein or by development agreement, and State laws, and shall conform with the approved Specific Plan. Regulations or procedures not covered by the Specific Plan or appurtenant documents shall be subject to the City ordinances in effect at the time entitlement is required. Approval of this Specific Plan is contingent upon and shall not become effective nor shall it vest until a General Plan Amendment (GPA) and Zone Change are approved by the City Council, and an Environmental Impact Report (EIR) or any other environmental review under the provisions of the California Environmental Quality Act (CEQA) are certified by the City Council. Nothing in this approval, as memorialized in this Resolution, shall require or be interpreted to require the City of Temecula to fund or cause to be funded the development of any facilities or improvements, including but not limited to infrastructure improvements, which are necessary or convenient to cause, allow or fudher the development of the subject Specific Plan, except as may be expressly agreed to by the City of Temecula." Notwithstanding any of the conditions contained herein, the Developer and the City may enter into a development agreement, pursuant to Government Code Section 65864 through 65869.5 or other agreement(s) requiring the Developer to: 1) advance the funding or construction of public improvements; 2) redefine the scope of any public improvement; 3) acquire or fund the acquisition of land for public purposes; and 4) waive any right to reimbursement for facilities or the dedication of land. Further, notwithstanding any of the conditions contained herein, Developer may seek an agreement for reimbursement for any improvements or facilities that qualify for reimbursement at such time as the City of -Temecula adopts an ordinance-for-suchmeimbursement-pursuantto-and-consistei~t w;th California Government Code Sections 66485 through 66489, inclusive, and further shall waive the same in the event of agreements, consistent with the foregoing, that require or include any or all of the terms set forth immediately above. Once the Project Study Report (PSR) conducted by Caltrans is completed, the road alignments affecting the individual planning areas (i.e. Ynez Road and Cherry/Date Street) may be altered or modified to implement the PSR. The alternation or modification of the roads will not require a Specific Plan Amendment; however, all applicable text, sections, figures and exhibits in the Specific Plan shall be modified to reflect the actual roadway alignments as determined in the PSR subject to the approval of the Director of Planning and Public Works Director. Within thirty (30) days of approval of the Specific Plan, the applicant shall submit a final copy reflecting all the changes necessary to make the document consistent with City Council's final action. The final Specific Plan shall be reviewed for consistency and approved by the Planning Director. The applicant shall comply with ail applicable mitigation measures contained in the adopted City of Temecula General Plan and the Harveston Environmental Impact Report. R:\S P~Harveston SP\PC Docs\COA-SP,doc 2 10. 11. 12. 13. A detailed noise mitigation analysis shall be performed, at the final map stage (for individual planning areas) for all future project noise-sensitive uses potentially exposed to noise levels in excess of 60 dB CNEL to verify that planned noise protection will meet City of Temecula standards. A. Exterior recreational areas shall be protected to achieve noise levels of less than 65 dB CNEL. B. Interior living areas shall be protected to achieve noise levels of less than 45 dB CNEL. Substantial perimeter walls separating rear yards from the roadway right-of-way along Date Street area are anticipated to be necessary. Precise wall geometrics shall be determined once exact setbacks and building pad grades are established. Moderately upgrading window treatments shall be necessary along Date Street in upstairs bedrooms closest to the roadway. Minor acoustical upgrades shall be needed along Margarita or Ynez beyond simply closing windows to shut out roadway noise. The building code requires that supplemental fresh air ventilation be provided in rooms where window closure for traffic noise protection is necessary. A detailed noise attenuation evaluation shall be conducted in a supplemental acoustical study to be submitted when the tract map is filed with the appropriate agency. During staff review of any tentative map, an updated geotechnical/geologic report shall be prepared to include any necessary revisions to earthwork, foundation, design, and construction recommendations. On residential streets that generate less than 250 vehicular trips, the road (curb to curb) shall be thirty-six feet (36') with a parkway separating the sidewalk from the curb. During the development plan review, major employer (more than 250 employees) who locate their businesses within the project shall prepare Transportation Demand Management (TDM) plans in accordance with the Riverside County Transportation Commission/Western Riverside Council of Governments (RCCTC/WRCOG) guidelines. 14. Prior to the approval of a development plan or tentative map for individual planning areas, the developer and City staff will review plans, especially for multi-family housing areas, commercial uses, and parks for the provision of appropriate, necessary, and adequate pedestrian and bicycle facilities. 15. Prior to the approval of a development plan, City staff will review plans, especially for commercial and park uses, for the provision of appropriate, necessary and adequate pedestrian and bicycle facilities. 16. Prior to the approval of a development plan, City staff will review plans, for all service commercial uses and shall encourage the provision of park and ride facilities. 17. Prior to approval of any development projects, appropriate clearances, conditions and approvals from all agencies with jurisdiction on project review shall be obtained by the developer. These agencies shall be determined by the Director of Planning and the City Engineer. 18. he developer or the developer s successor-m-~nterest shall be responsible for maintaining the undeveloped portion of the site including weed abatement and litter removal. R:\S P\Harveston SP\PC C'ocs\COA*SP.doc 3 19. Prior to approval of any development projects, the developer shall investigate the feasibility of a reclaimed water system, to irrigate landscaping within the roadway medians, parkways, drainage channel, schools, the community park, the paseo park, neighborhood parks, and other common open space areas. The developer shall provide evidence that compliance with this condition is in accordance with Senate Bill 2095. 20. The Master Developer shall provide the prospective home buyers a notice that the 16.5-acre community park will include sports field lighting for evening use. Proof of this notification shall be provided to the Planning Department and included in the Master Covenants, Codes and Restrictions (CC&R's) prior to the recordation of the first Final Map. 21. All lighting shall be reviewed by the City to assure compliance with the Ordinance No. 655. 22. The lake park, but not the surface of the lake, shall be open to the public. 23. The approval granted by this Resolution shall become effective upon the Effective Date of the Development Agreement, as the term Effective Date is defined in the Development Agreement adopted concurrently with this Resolution. In addition to the foregoing, in the event a Development Agreement is entered into that supercedes or alters these conditions of approval and the applicant causes a default or terminates by conduct the Development Agreement, then the City shall immediately consider the revocation of the approval granted by this Resolution. Prior to the Issuance of Grading Permits 24. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. 25. The developer shall provide a Water Quality Management Plan showing conformance to all NPDES requirements (enacted by the Environmental Protection Agency (EPA) and Regional Water Quality Control Board, San Diego Region) for review and approval by the City Engineer. 26. The developer shall provide proof to the Department of Public Works and Planning that the conditions the 404 and 1603 permits pertaining to the Arroyo Park restoration have been bonded for and shall be implemented consistent with the timing requirements of the permits. 27. The applicant shall sign both copies of the final conditions of approval that will be provided by the Community Development Department - Planning Division staff, and return one signed set to the Planning Department for their files. Prior to the Issuance of Building Permits 28. The developer shall provide proof to the City's Traffic Engineer that the project has contributed its fair-share towards regional traffic improvement systems (i.e., traffic impact fees) for the area th rough a Development Agreement or other agreement. This shall include efforts to synchronize traffic lights on streets impacted by project development. 29. Prior to the approval of a development plan or tentative map, staff shall forward the proposed application to the Riverside County Transit Agency (RTA) for review and comment regarding bus turnouts, shelters, etc. Transit-oriented facilities and design features will be incorporated into the design of the project as appropriate, to the satisfaction of the City and RTA. R:\S P\Harveston SP\PC Docs\COA-SP.doc 30. The developer shall provide proof that energy saving features will be installed in project homes as required by the California Building Code. Features may include: solar or Iow- emission water heaters, solar roof tiles, energy efficient appliances, dual parted windows, Iow pressure sodium parking lights, etc. Additionally, residential products constructed bythe home building division of Lennar shall incorporate "Comfort Wise" energy-efficiency features. 31. Landscaping design and water conservation devices that conform to the California Model Water Conservation Ordinance shall be required, such as Iow flow toilets, faucets and showerheads, shade tree selection and placement. PUBLIC WORKS DEPARTMENT Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the tentative site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission will subject the project to further review and may require revision. GENERAL CONDITIONS 32. All utility systems such as electric, including those which provide direct service to the project site and/or currently exist along public rights-of-ways adjacent to the site (except electrical lines rated 33 kv or greater), gas, telephone, water, sewer, and cable TV shall be placed underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. 33. Prior to the issuance of any grading permit, as deemed necessary by the Department of Public Works, the Developer shall consult with the State of California Department of Fish and Game, U.S. Army Corps of Engineers, and U.S. Fish and Wildlife Service to determine if permits or approvals are necessary from such agencies for any action contemplated by this proposal. Such consultation shall be in writing, and copies of said correspondence, including responses from agencies, shall be submitted to the City. Where appropriate, the terms, conditions, and recommendations of the noted agencies shall be incorporated as Conditions of Approval into the areas of development. 34. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved bythe Department of Public Works. 35. Landscaping and permanent irrigation facilities shall be installed with all street improvements on and off-site grading. Perimeter walls, where required, shall be treated with graffiti- resistant coating and shall be installed adjacent to street improvements within each phase. 36. A phasing plan addressing the schedule of necessary infrastructure requirements shall be approved by the Department of Public Works and the Planning Director prior to approval of any subsequent application. 37. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06, unless otherwise provided for by a written agreement between the City and the Developer. 38. The Developer shall make a good faith effort to acquire the required real property interests necessary to carry out these conditions, and if he or she should fail to do so, the Developer R:\S P\Harveston SP\PC Docs\COA-SP.doc 5 shall, prior to submittal of the Final Map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the Developer of all costs incurred by the City to acquire the real property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the Developer, at the Developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. CIRCULATION 39. Prior to Final Map recordation, the Developer is responsible to bond for or construct the traffic signals at the project's accesses, as required, including the associated street improvements, based on traffic signal warrants analysis relative to subsequent tentative maps and/or development applications. 40. Adequate primary and secondary access shall be provided for each phase of development as approved by the Department of Public Works. Access to office and commercial areas shall be reviewed by the Department of Public Works at the time of submittal of individual tentative maps and/or development applications. Additional rights-of-way at entries to the aforementioned sites may be required to provide for turning lanes as directed by the Department of Public Works. 41. The exact location and number of access points shall be subject to review and approval by the Department of Public Works upon future tentative map and/or development plan approvals. 42. All street sections shall correspond with Typical Roadway Cross Sections and requirements of the Circulation Element of City's General Plan, City ordinances and standards or as approved with the Harveston Specific Plan. 43. All intersection intervals shall comply with City standards and requirements. '~he-Developer_shall_provide_bus_bays_and.shelters_withinJ.he~Specific p!~n I nr~ti_nn number of bus bays shall be subject to approval of the City and Riverside Transportation Agency (RTA). Additional rights-of-way dedications associated with bus bays shall be provided by the Developer. 45. 46. Necessary improvements have been/will be conditioned based on the project traffic studies and the conceptual phasing plan shown on Section 12 of the Specific Plan. Any substantive rephasing of the development must be approved by the Planning and Public Works Director through a rephasing application. Prior to the issuance of occupancy permits within any phase, all on and offsite improvements as referred to in the Traffic Reports and subsequent addenda along with additional requirements set herein, or as set by conditions on individual tracts, must be constructed and/or bonded as required by the Department of Public Works. Ensuing Traffic Reports, analyzing traffic impacts associated with subsequent development stages of the Specific Plan, shall be submitted to identify implementation and timing of the necessary improvements to mitigate cumulative traffic impacts. TRAFFIC MITIGATION MONITORING PROGRAM 47. The Traffic Mitigation Monitoring Program proposes that a traffic study be approved prior to the issuance of first occupancy permit in each additional phases of the development. The R:\S P\Harveston SP\PC Oocs\COA-SP.doc 6 intent of the Traffic Mitigation Monitoring Program is not to re-define mitigation responsibility, but rather to assist in the refinement of area improvement needs and the timing of the improvements. The traffic study would: 1 ) document ambient traffic volumes conditions; 2) estimate trip generation for the particular development phase; and 3) assess traffic conditions with the traffic added by the particular development phase. The exact study area to be addressed in each of the traffic studies should be defined through discussions with the City Traffic Engineer. In general the study area should include the immediate access intersections and roadways, which would serve the new development phase and those critical off-site intersections and roadways that will provide primary access to the new development. Critical intersections / roadways are defined as those facilities that are experiencing high levels of peak period traffic congestion (at the time the traffic study is to be performed). The traffic study findings would assist the City in proactively planning for area roadway improvements. DRAINAGE 48. Drainage and flood control facilities shall be provided in accordance with the requirements of the City and/or Riverside County Flood Control and Water Conservation District (RCFC&WCD). 49. Prior to approval of any subsequent development applications, the Developer shall submit the master drainage plan to the City and RCFC&WCD to review the adequacy of the proposed and existing downstream drainage facilities. 50. Drainage facilities within each phase shall be constructed immediately after the completion of the site grading and prior to or concurrently with the initial site development within that phase. 51. All drainage facilities shall be designed to convey 100-year storm flows, subject to the approval of the Department of Public Works and RCFC&WCD, as applicable. 52. The Developer shall construct the proposed on and offsite drainage facility improvements and the interim detention basin provision as recommended in the Specific Plan and D~a~nage St~d~-~loc~-eht~-and/or as dir~t~-th~-Depa~t~t~f~=Obiic VV~tk-s-a-n-d RCFC&WCD, as applicable. 53. As required by the Department of Public Works, additional Hydrology and Hydraulic Reports shall be submitted with subsequent tentative maps and/or development applications to study the drainage impacts and analyze necessary measures to mitigate the runoff created as part of the development of this project. 54. The Developer shall accept and properly dispose of all off-site drainage flowing onto or through the site. 55. The Developer shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by secudng drainage easements. WATER AND SEWER 56. Water and sewer facilities shall be installed in accordance with the requirements and specifications of the City, Rancho California Water District (RCWD), and Eastern Municipal R:\S P~--larveston SP\PC Docs\COA-SP.doc 7 57. 58. Water District (EMWD). Such requirements shall be applied at the subdivision or plot plan stages of the development. Prior to the approval of subsequent development applications, the Developer shall submit the master water plan to RCWD to check for adequacy of the proposed water facilities. The Developer shall obtain written approval for the water system from RCWD. Prior to the approval of subsequent development applications, the Developer shall submit the master sewer plan to EMW D to check for adequacy of the proposed sewer facilities. The Developer shall obtain written approval for the sewer system from EMWD, GRADING 59. No grading shall be permitted for any development area prior to tentative map or plot plan approval and issuance of grading permits for the specific area of development. 60. Grading plans and operations shall be in accordance with the Uniform Building Code, City Grading Standards, the recommendations contained in the Geotechnioal Report, or any subsequent reports prepared for the project, the conditions of the grading permit, and accepted grading construction practices and the recommendations and standards specified in the Specific Plan and Environmental Impact Report (EIR) document. 61. Prior to issuance of any grading permit, erosion control plans shall be prepared in conformance with applicable City Standards and subject to approval by the Department of Public Works. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements. 62. The Developer shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit regulated by the State Water Resources Control Board, and the Storm Water Pollution Prevention Plan (SWPPP) implemented by the San Diego Regional Water Quality Control Board. 63. Each subsequent application for a phase of development shall include a conceptual grading plan~icate at a mm~mum: a) Preliminary quantity estimates for grading. b) Techniques and methods which will be used to prevent erosion and sedimentation during and after the grading process in compliance with the City Standards and NPDES requirements. c) Preliminary pad and roadway elevations. d) Designation of the borrow or stockpile site location for import/export material. e) Approximate time frames for development including the identification of areas which will be graded during the rainy months. f) Hydrology and hydraulic concerns and mitigations. 64. 65. 66. R:\S P~-[arveston SP~PC Docs~COA-SP.doc Major grading activities shall be scheduled during the dry season wherever possible, or as otherwise approved by the Department of Public Works. Soils stabilization, which may include revegetation of graded areas, shall occur within 30 days of completion of grading activities as directed by the Department of Public Works. The site shall be watered during grading operations to control dust. 8 67. Temporary drainage and sediment control devices shall be installed as di['ected by the Department of Public Works. 68. An import/export route shall be submitted to the Department of Public Works prior to issuance of any grading permit. The plan shall include limitation to the duration of the grading operation and construction activities, a Traffic Control Plan, and a daily time schedule of operations. 69. Prior to issuance of any grading permit, a soils reports shall be submitted to the Department of Public Works for review and approval, to address engineering, geologic, seismic, and soils engineering concerns for each tentative map or commercial parcel map for each phase of proposed development. 70. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of public Works with the initial grading plan check. The report shall address special study zones and identify any geotechnical hazards for the site including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. 71. All public streets shall be maintained and cleaned if necessary on a daily basis during grading operation and construction activities. Cash deposit, letter of credit or posting of bond to guarantee maintenance of all public rights-of-way affected by the grading operations and construction activities, shall be posted prior to issuance of grading permits. 72. If subsequent Geotechnical and Soils Reports determine that dewatering of the site is necessary during construction, necessary permits (ie. in compliance with NPDES permit) shall be obtained from appropriate agencies prior to approval of the grading plans. PHASING 73. Construction of the development permitted by the Specific Plan, including recordation of final subdivision maps, may be carried out in stages provided that, adequate vehicular access is constructed for all dwelling units in each stage of development and further provided that such development conforms substantially with the intent and purpose of the Specific Plan 74. 75. Phasing Plan. Development applications shall be submitted for each planning unit in each phase. Total acreage and land uses within each phase shall be substantially in accordance with the specifications of the Specific Plan. The Developer shall be permitted to seek a reimbursement agreement for qualifying facilities and improvements, as the same are authorized in Condition 6 of the Resolution. The City and the Developer shall proceed in good faith to allocate appropriate reimbursements to the Developer pursuant to the City's then enforceable ordinance applicable to such reimbursement. 76. PHASE 1 a. CIRCULATION The following improvements shall be completed as part of Phase 1 and prior to 1st building permit in Phase 2. i. Improve Date Street from Margarita Road to the Major Entry at Date Street (Urban Arterial Highway Standards - 134' PJW) to include dedication of half- R:\S P~-farveston SP\PC Docs\COA-SP.doc 9 width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median ii. Improve the Major Entry at Date Street from Date Street to Loop Road (Modified Major Highway Standards - 100' PAN) to include dedication of full- width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) and a 14 foot wide raised landscaped median iii. Improve the Loop Road from Major Entry at Date Street to School Site Modified Collector Road Standards - 66' R/W) to include dedication of full- width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) iv. Improve northbound Margarita Road from Santa Gertrudis Creek to the southerly boundary of Tract Map No. 21340 (Arterial Highway Standards - 110' R/W) to include installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median. CIRCULATION The following improvements shall be completed prior to the first occupancy permit in Phase I i. Improve the Loop Road from the Major Entry at Margarita Road to the westerly boundary of Planning Area 5 ( Modified Collector Road Standards - 66' R/W) to include dedication of full-width right-of-way, installation of full- width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) ii. iii. iv. 1. Provide an Eastbound Free Right Turn Lane from the Loop Road onto the Major Entry at Margarita Road Improve Southbound Margarita Road from Santa Gertrudis Creek to Date Street (Arterial Highway Standards - 110' R/VV) to include dedication of half- width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities {including but not limited to water and sewer), and a 14 foot wide raised landscaped median. Improve the Major Entry at Margarita Road from Margarita Road to Loop Road (Modified Street Section per the Specific Plan - 106' R/W) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 20 foot wide raised landscaped median Improve the Minor Entry at Margarita Road from Margarita Road to Loop Road (Modified Street Section per the Specific Plan - 82' R/W) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and R:\S P\Harveston SP\PC Docs\COA-SP.doc 10 sewer) v. Improve the Village Center Road from the Loop Road to the Major Entry at Margarita Road (Modified Street Section per the Specific Plan - 63' R/VV) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) The following improvements shall be completed prior to the first occupancy permit in Phase 1 of the Service Commercial area vi. Improve Ynez Road from the southerly Specific Plan boundary to Equity Drive (Arterial Highway Standards - 110' R/VV) to include dedication of half- width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median. vii. On or before January 1,2003 the Developer shall reserve for the City's use or commitment to use the same for freeway interchange and/or freeway- related traffic circulation purposes, a component of real property that is: (i) approximately twenty (20) contiguous acres in area; (ii) identified and defined by the City Engineer of City of Temecula; (iii) reserved for a twenty (20) year period for the purpose of offering a permanent dedication for freeway related purposes to the City of Temecula if and when the City represents to Developer that a freeway interchange is to be constructed on the burdened property. Any portion of the Reserved real property shall be released from the reservation at the time the City determines such real property is not necessary for the freeway improvements. "Reservation" shall mean _the-Owner~an/or_Developer_of_the_subject_[eal_pr_op_e_rt,~_shall not improve the real property but shall instead maintain the property in a non-nuisance condition and in an undeveloped/unimproved state during the term of the Reservation. The Owner or Developer shall submit an enforceable written instrument so burdening the subject real property for the review and approval of the City Attorney and Director of Public Works prior to, and have the same approved, in such time so as to allow the Reservation to be enforceable on or before January 1,2003. C= OFFSITE CIRCULATION Prior to issuance of 326th occupancy permit for the Phase 1 Residential and more than 8 acres of Phase 1 Service Commercial development (southern portion of Planning Area 12), the developer(s) shall implement the improvements for the following: i. Improve the intersection of Winchester Road at Ynez Road 1. Add Eastbound Through Lane 2. Add Southbound Right Turn Overlap Phase 3. Modify Signal to Provide Northbound Right Turn Overlap Phase R:\S P\Harveston SP\PC Docs\COA-SP.doc 11 ii. Improve the intersection of Winchester Road at Margarita Road 1. Add Right Turn Lane and Modify Signal to Provide Southbound Right Turn Overlap Phase 2. Add Eastbound Left Turn Lane (Dual Left) TRAFFIC SIGNALS Prior to the first occupancy permit or as warranted, the developer shall install a traffic signal with conduits for future interconnect at the following intersections: 2. 3. 4. 5. DRAINAGE i. Margarita Road and Major Entry at Margarita Road Major Entry at Margarita Road and Loop Road Margarita Road and Date Street Date Street and Major Entry at Date Street Modify the existing traffic signal at the intersection of Margarita Road and Rustic Glen Drive Construct backbone channel and/or drainage facilities and all associated improvements per Riverside County Flood Control and Water Conservation District and the City of Temecula WATER AND SEWER i. Install water mains per Rancho California Water District requirements and sewer mains per Eastern Municipal Water District requirements 77. PHASE 2 a. CIRCUL-ATION The following improvements shall be completed as part of Phase 2 and prior to first building permit in Phase 3. i. Improve Date Street from the Major Entry at Date Street to the westerly boundary of Planning Area 3 (Urban Arterial Highway Standards - 134' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median. ii. Improve the Loop Road from Major Entry at Date Street to the westerly boundary of Planning Area 5 (Modified Collector Road Standards - 66' R/W) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). iii. Improve Ynez Road from Equity Drive to Service Commercial Access III (Arterial Highway Standards - 110' R/W) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities R:\S P\Harveston SP\PC Oocs\COA-SP.doc 12 iV, (including but not limited to water and sewer) and a 14 foot wide raised landscaped median. On or before January 1,2003 the Developer shall reserve for the City's use or commitment to use the same for freeway interchange and/or freeway- related traffic circulation purposes, a component of real property that is: a) approximately twenty (20) contiguous acres in area; b) identified and defined by the City Engineer of City of Temecula; e) reserved for a twenty (20) year period for the purpose of offering a permanent dedication for freeway related purposes to the City of Temecula if and when the City represents to Developer that a freeway interchange is to be constructed on the burdened property. Any portion of the Reserved real property shall be released from the reservation at the time the City determines such real property is not necessary for the freeway improvements. "Reservation" shall mean the Owner an/or Developer of the subject real property shall not improve the real property but shall instead maintain the property in a non-nuisance condition and in an undeveloped/unimproved state during the term of the Reservation. The Owner or Developer shall submit an enforceable written instrument so burdening the subject real property for the review and approval of the City Attorney and Director of Public Works prior to, and have the same approved, in such time so as to allow the Reservation to be enforceable on or before January 1,2003. Improve Equity Drive from County Center Drive to the new Ynez Road (Modified Principal Collector Road Standards - 78' RAN) to include to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and s-ewer~) OFFSITE CIRCULATION Prior to the issuance of occupancy permits for the Phase II build-out of Residential (defined as issued building permits in excess of 476 for single family detached units and 346 for attached multiple family units) and Service Commercial (defined as development that involves real property that in the aggregate exceeds twenty (20) net acres of real property within Planning area 12) and Village Center neighborhood commercial (beyond an aggregate of eight thousand (8000) square feet of developed area) the improvements generally described hereafter shall have been completed to the reasonable satisfaction of the City and the Developer shall be au!horized to seek a reimbursement agreement as provided for in condition 6, unless wawed pursuant to condition 6. Winchester Road at Jefferson Avenue 1. Add Eastbound Right Turn Lane 2. Add a Southbound Left Turn Lane (Dual Left) 3. Convert Southbound Right Turn Lane to Shared Through and Right Turn Lane R:\S P~Harveston SP\PC Docs\COA-SP.doc 13 4. Add Northbound Right Turn Lane (Dual Right) ii. Winchester Road at 1-15 Southbound Ramp 1. Add Eastbound Right Turn Lane 2. Add Southbound dedicated Left Turn Lane (Dual Left) and widen off ramp to accommodate the added lane iii. Winchester Road at Ynez Road 1. Add Eastbound Left Turn Lane (Dual Left) 2. Add Eastbound Through Lane 3. Add Northbound Left Turn Lane (Triple Left) 4. Modify Signal to provide Northbound Right Turn Overlap Phase 5. Split Northbound and Southbound Signal Phases 6. Add Westbound Through Lane 7. Add Southbound Shared Through and Right Turn Lane (300' Minimum) iv. Overland Drive at Jefferson Avenue 1. Modify Signal to Provide Westbound Right Turn Overlap Phase 2. Modify Signal to Provide Northbound Right Turn Overlap Phase 3. Split Northbound and Southbound Signal Phases 4. Add Eastbound Right Turn Lane v. Overland Drive at Ynez Road 1. Add Westbound Right Turn Lane 2. Modify Westbound Shared Through and Right Turn Lane to Through Lane 3. Modify-Signal-to-Provide-Westbound Right-Tu rnOverlap~has.~ 4. Modify Signal to Provide Southbound Right Turn Overlap Phase vi. Overland Drive at Margarita Road 1. Modify Northbound Through Lane to Shared Through and Left Turn Lane 2. Split Northbound and Southbound Signal Phases vii. Winchester Road at 1-15 Northbound Ramp 1. Add Westbound right turn lane (Dual right) CITY OF MURRIETA CIRCULATION A fair-share contribution shall be made to the City of Murrieta prior to the first occupancy permit in Phase 2 to improve the intersection of: i. Murrieta Hot Springs Road at Jefferson Avenue 1. Add Westbound Left Turn Lane (Dual Left) 2. Channelize Northbound Right Turn Lane to Allow Free Right Turn Movement R:\S P~Harveston SP\PC Docs\COA-SP.doc 14 78. ii. Murrieta Hot Springs Road at Alta Murrieta Drive 1. Add Westbound Right Turn Lane 2. Modify Westbound Shared Through and Right Turn Lane to Right Turn Only Lane iii. Murrieta Hot Springs Road at Margarita Road 1. Modify Eastbound Through Lane to Shared Through Lane/Right Turn Lane 2. Modify Northbound Through Lane to Shared Through Lane/Left Turn Lane TRAFFIC SIGNALS i. Prior to the first occupancy permit, or as warranted, the developer shall install a traffic signal with conduits for future interconnect at the following intersections: 1. Date Street and Major Entry at Date Street DRAINAGE i. Construct backbone channel and/or drainage facilities and all associated improvements per Riverside County Flood Control and Water Conservation District and the City of Temecula requirements. f. WATER AND SEWER i. Install water mains per Rancho California Water District requirements and sewer mains per Eastern Municipal Water District requirements. PHASE 3 a. CIRCULATION The following improvements shall be completed as part of Phase 3 and prior to the first building permit in Phase 4: ii. Improve Date Street from the westerly boundary of Planning Area 3 to Ynez Road (Urban Arterial Highway Standards - 134' R/W) to include dedication of full-width street right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median 1. Provide Eastbound Right Turn Lane onto Ynez Road per EIR ID. No. 32 2. Provide Westbound Right Turn Lane onto Ynez Road per EIR ID. No. 32 Improve Ynez Road from Service Commercial Access III to Date Street (Arterial Highway Standards - 110' R/W) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) and a 14 foot wide raised landscaped median 1. Provide Southbound Right Turn Lane onto Date Street per EIR ID. No. 37 R:\S P\Harveston SP\PC Docs\COA*SP.doc 15 iii. 2. Provide Northbound Right Turn Lane onto Date Street per EIR ID. No. On or before January 1,2003 the Developer shall reserve for the City's use or commitment to use the same for freeway interchange and/or freeway- related traffic circulation purposes, a component of real property that is: a) approximately twenty (20) contiguous acres in area; d) identified and defined by the City Engineer of City of Temecula; c) reserved for a twenty (20) year period for the purpose of offering a permanent dedication for freeway related purposes to the City of Temecula if and when the City represents to Developer that a freeway interchange is to be constructed on the burdened property. Any portion of the Reserved real property shall be released from the reservation at the time the City determines such real property is not necessary for the freeway improvements. "Reservation" shall mean the Owner an/or Developer of the subject real property shall not improve the real property but shall instead maintain the property in a non-nuisance condition and in an undeveloped/unimproved state during the term of the Reservation. The Owner or Developer shall submit an enforceable written instrument so burdening the subject real property for the review and approval of the City Attorney and Director of Public Works prior fo, and have the same approved, in such time so as to allow the Reservation to be enforceable on or before January 1,2003. b. DRAINAGE i. Construct backbone channel and/or drainage facilities and all associated improvements per Riverside County Flood Control and Water Conservation District and the City of Temecula requirements. c. WATER AND SEWER __i._ Install_water_mains per_Bancho Califomia_V~ater_District_mqui~;ements and sewer mains per Eastern Municipal Water District requirements. 79. PHASE 4 a. CIRCULATION The following improvements shall be completed as part of Phase 4. i. Improve Date Street from Ynez Road to Interstate 15 (Urban Arterial Highway Standards - 134' R/W) to include dedication of full-width right-of- way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) and a 14 foot wide raised landscaped median ii. Improve Ynez Road from Date Street to the northerly Specific Boundary (Arterial Highway Standards - 110' R/W) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) and a 14 foot wide raised landscaped median All necessary right-of-way in Planning Areas 8 and 12, including slope areas iii. R:\S P~-Iarveston SP~PC Docs\COA-SP.doc 16 for the Date/Cherry Interchange shall be granted free and clear of encumbrances in fee title. The location and limits of the right-of-way shall be as approved by the City and the California Department of Transportation. DRAINAGE i. Construct backbone channel and/or drainage facilities and all associated improvements per Riverside County Flood Control and Water Conservation District and the City of Temecula c. WATER AND SEWER i. Install water mains per Rancho California Water District requirements and sewer mains per Eastern Municipal Water District requirements FIRE DEPARTMENT The following are the Fire Department Conditions of Approval for this Specific Plan. All questions regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau. 80. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 81. The Fire Prevention Bureau is required to set a minimum fire flow for residential land division per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20-PSI residual operating pressure with a 2-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) 82. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III.B, Table A-Ill-B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be located on 'Fir~-Department access roads--~h-d~-dja~t~blic-streetsT-Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access read(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B 83. The Fire Prevention Bureau is required to set a minimum fire flow for commercial land division per CFC Appendix Ill-A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 4000 GPM at 20-PSI residual operating pressure with a 4 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) 84. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-1. Super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2,903.4.2, and Appendix Ill-B) R:\S P~-Iarveston SP\PC Docs\COA-SP.doc 85. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul- de-sac shall be thirty-seven (37) feet for residential and forty-five (45) feet for commercial. (CFC 902.2.2.3, CFC 902.2.2.4) 86. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) 87. Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2) 88. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) 89. Fire Department vehicle access roads shall have a clear paved section of thirty-six (36) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1). 90. Private roads and alleys may be as narrow as 20 feet unobstructed travel width, not including parking with Fire Prevention approval on a map by map basis. 91. Cul-de-sacs with planters must maintain 24 foot clear unobstructed travel width around the planters, not including parking. Hardscape areas are permissible provided that they meet the 80,000 lb. load requirements and are at road level. 92. The gradient for a fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 902.2.2.6 Ord. 99-14) 93.~]l~ffi~-c~l~ic~-th~t coul ~mcYT~-pedeTslow em-etg~enc~7-velllcle access are prohibited, except those approved individually on a map by map basis when they maintain the required travel widths and radii. 94. As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site fire hydrants are required. (CFC 903.2) 95. Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) 96. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatu res. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building R:\S P\Harveston SP\PC Oocs\COA-SP.doc 18 materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1) 97. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) 98. Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single family residences and multi-family residential units shall have four (4) inch letters and/or numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) 99. Prior to issuance of a Certificate of Occupancy or building final, a directory display monument sign shall be required for all apartment, condominium, townhouse or mobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location of the sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. 100. Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) 101. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) 102. 'Prio~h~-issuance of~ C~-rtifi6~t~-6f-Occupancy or ~fin-alTa-"Knox-l~ox"-sttai113e provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door. (CFC 902.4) 103. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel. (CFC 902.4) 104. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. 105. Prior to the issuance of a Certificate of Occupancy, building final or occupancy, buildings housing high-piled combustible stock shall comply with the provisions of Uniform Fire Code Article 81 and all applicable National Fire Protection Association standards. The storage of high-piled combustible stock may require structural design considerations or modifications to the building. Fire protection and life safety features may include some or all of the following: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. (CFC Article 81) R:\S P~Harveston SP\PC Docs\COA-SP.doc 19 106. 107. Prior to the building final, speculative buildings capable of housing high-piled combustible stock, shall be designed with the following fire protection and life safety features: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. Buildings housing high-piled combustible stock shall comply with the provisions California Fire Code Article 81 and all applicable National Fire Protection Association standards. (CFC Article 81) Prior to the issuance of a Certificate of Occupancy or building final, the developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health department and Fire Prevention Bureau. (CFC 7901.3 and 8001.3) Special Conditions 108. Prior to issuance of building permits, fuel modification plans shall be submitted to the Fire Prevention Bureau for review and approval for all open space areas adjacent to the wildland- vegetation interface. (CFC Appendix II-A) 109. Prior to issuance of building permits, plans for structural protection from vegetation fires shall be submitted to the Fire Prevention Bureau for review and approval. The measures shall include, but are not limited to, enclosing eaves, noncombustible barriers (cement or block walls), and fuel modification zones. (CFC Appendix II-A) 110. Prior to building permit issuance, a full technical report may be required to be submitted and to the Fire Prevention Bureau for some commercial occupancies. This report shall address, but not be limited to, all fire and life safety measures per 1998 CFC, 1998 CBC, NFPA- 13, 24, 72 and 231-C. 111. Prior to issuance of a building construction in each phase a simple plot plan or map in an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative fire formats may be acceptable, contact fire prevention for approval. 112. The applicant shall comply with the requirements of the Fire Code permit process and update any ch~ih-th~tem-'~-~-d~titi~ approved~fth-eir Fire Code permi[. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) 113. The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports. (CFC Appendix II-E) TEMECULA COMMUNITY SERVICES DEPARTMENT General Requirements: 114. If any of the following conditions of approval differ from the Specific Plan text or exhibits, the conditions enumerated herein shall take precedent. 115. The current park dedication requirement (Quimby) shall be satisfied with the 16.5 acre community park, the existing Winchester Creek Park and the HCA owned and maintained R:\S P\Harveston SP\PC Docs\COA-SP.doc 20 recreational areas identified in the Harveston Specific Plan including the 6.9 acre Lake Park, the 1.8 acre Village Green, the 2 acre Village Club and the mini parks totaling 1.5 acres. 116. The actual design of the 16.5 acre community park in Planning Area 1 shall be in substantial conformance with the conceptual designs and guidelines identified within the Specific Plan. Prior to submittal of construction plans, the developer shall meet with the Director of Community Services to determine the location and specifications of the park amenities to be provided on site. Construction plans and specifications must be approved bythe Director of Community Services. 117. All park and slope/landscape plans submitted for consideration shall be in conformance with the City of Temecula Landscape and Irrigation Specifications and Installation Details and the Park Land and Landscape Dedication Process. 118. The design of the community park in Planning Area 1 shall provide for pedestrian circulation and access for the disabled throughout the park. 119. Construction of the 16.5 acre community park site and proposed TCSD landscape maintenance areas shall commence pursuant to a pre-job meeting with the developer and TCSD Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance programs. 120. The developer, the developer's successor or assignee, shall be responsible for all maintenance of the park sites and slopes/landscaping areas until such time as those responsibilities are accepted by the TCSD. 121. The 16.5 acre community park shall be improved and dedicated to the City free and clear of any liens, assessment fees, or easements that would preclude the City from utilizing the property for public purposes. A policy of title insurance and a soils assessment report shall also be provided with the conveyance of the property. 122. All perimeter slope/landscape areas adjacent to roadways with a 66 foot right of way or larger, adjacent.t(~ single_family residential develqpment shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City standards and completion of the application process. All other landscape areas, entry monumentation, signage, pedestrian portals, bus shelters and walls shall be maintained bythe Homeowners Association (HCA), private maintenance association or property owner. 123. A ten (10) foot wide multi-use trail will be constructed around the Lake Park. An 8' paseo will be constructed within the Paseo Park and along the outside of the Loop Road. 124. Class Il bicycle lanes will be included on both sides of Ynez Road, Date Street (within the project area), the Loop Road and the three entrance roads, and the adjacent portions of Margarita Road and Date Street (bordering the County line). Class II bike lanes shall be constructed in concurrence with the street improvements. 125. The developer is entitled to receive a credit against the park component of the City's Development Impact Fee (DIF) based upon the actual cost of improving the community park in Planning Area 1. The fee/credit issue shall be addressed pursuant to the execution of a Development Agreement or a Park Improvement Agreement between the applicant and the City prior to approval of the final map. 126. The 16.5-acre community park in Planning Area 1 shall be constructed, including the 90-day R:\S P\Harveston SP~PC Oocs\OOA-SP.doc 21 maintenance and establishment period, and the conveyance accepted by the City Council prior to the issuance of the first residential building permit in Phase 2 (excluding models). Notwithstanding the foregoing, if the completion of the 16.5 acre Community Park is delayed because the final and permanent alignment of Ynez Road has not been determined which prevents the designation of the boundaries of the subject park, the City may, in the reasonable discretion of the City Manager and which shall not be unreasonably withheld, continue to issue building permits during the term of such uncertainty. The City Manager may require, and the Owner or Developer shall provide, the provision of notice to potential purchasers of the scope of improvements intended to occur within the subject park, including, but not limited to, lighted athletic fields. Notice, as required by the City Manager, may include, but is not limited to, signage (both on and off the anticipated park site), letters, displays or handbills. Prior to Approval of the Final Map: 127. 128. The developer, or his assignee, shall offer for dedication, enter into an agreement and post security with the TCSD to improve the proposed parkland located in Planning Area 1 in accordance with the City standards, prior to the approval of the respective final map. All areas intended for dedication to the TCSD for maintenance shall be identified on each final map by numbered lots and indexed to identify said lots numbers as a proposed TCSD maintenance areas. 129. All TCSD slope/landscaping maintenance easements shall be offered for dedication on each final map. 130. Construction drawings for all landscape medians and proposed TCSD slope/landscape m~intenance areas shall be reviewed and approved by the Director of Community Services prior to the approval of each final map. 131. The subdivider shall post security and enter into an agreement to improve all landscape medians and proposed TCSD maintenance areas prior to the approval of each final map. 132. The developer shall file a notice of-int~io~i~h-th~-Te~l~-Co~t~ Services Distdct to initiate election proceedings for acceptance of residential street lights and perimeter slope/landscape into the TCSD maintenance program prior to approval of each final map. All costs associated with this process shall be borne by the developer. Prior to Issuance of Building Permits: 133. Prior to the installation of street lights or issuance of building permits, whichever comes first, the developer shall file an application and pay the appropriate fees to the TCSD for the dedication of arterial and residential street lights into the appropriate TCSD maintenance program. Prior to Issuance of Certificates of Occupancy: 134. Prior to the issuance of the first certificate of occupancy within each phase map, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. 135. It shall be the developer's responsibility to provide written disclosure of the existence or TCSD and its service level rates and charges to all prospective purchasers. R:~S P~Fiarveston SP~PC Docs\COA-SP.doc 22 OUTSIDE AGENCY LE'rI'ERS 136. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District transmittal dated March 31, 1999, a copy of which is attached. 137. The applicant shall comply with the recommendations set forth in the Rancho Water transmittals dated November 9, 1999 and September 8, 2000, a copy of which is attached. 138. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health transmittal dated February 1,2000, a copy of which is attached. 139. The applicant shall comply with the recommendations set forth in the Riverside County Flood Control and Water Conservation District transmittal dated January 1,2000, a copy of which is attached. 140. The applicant shall comply with the recommendations set forth in the Department of Transportation transmittal dated November 15, 1999, a copy of which is attached. 141. The applicant shall comply with the recommendations set forth in the Eastern Information Center, Department of Anthropology transmittal dated November 3, 1999, a copy of which is attached. 142. The applicant shall comply with the recommendations set forth in the Temecula Valley Unified School District transmittal dated November 5, 1999, a copy of which is attached. 143. Comply with the terms and conditions of the U.S. Fish and Wildlife and Army Corps of Engineer permits obtained for this project. 144. The applicant shall comply with the recommendations set forth in the Riverside Transit Agency transmittal dated May 31,2001, a copy of which is attached. By placing my signature below, I confirm that I have read, und~d~h-d~pt'~ll-th~bove Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant Name R:\S P\Harveston SP\PC Docs\COA-SP.doc 23 Board of Directors Pre$idettt David J. Slawson lqce President Clayton A. Record. Jr. Marion V. Ashley Richard R. Hall Rodger D. Siems Board Secretary Maff C. White General Manager John B. Brudin Director of the Metropolitan Water District of $o. Calif. Clayton A. Record, Jn Joseph J. Kuebler, CPA Legal Counsel Redwine and Sherrill October 4, 2000 County of Riverside Environmental Health Department P.O. Box 1208 Riverside, CA 92502 Dear Co leat=lUU. Re: SAN53-Sewer Will Serve 1,921 Units, Located west of Margarita Rd., north of Date St. in the County of Riverside. EMWD is willing to provide water and/or sewer service to the subject project. The provisions of service are contingent upon the developer completing the necessary arrangements in accordance with EMWD rules and regulations. The arrangements may include plan check, facility construction, annexation, payment of financial participation charges, coordination with a sub-agency, reclaimed water facilities and other requirements. The developer should contact EMWD's New Business Development Department eady in the process to determine the necessary arrangements for service. EMWD's ability to serve is subject to limiting conditions, such as water shortages, regulatory requirements, legal issues, or conditions beyond EMWD's control. Thank you for your cooperation in serving our mutual customers. If you have any questions, please call me at (909) 928-3777, ext. 4518. Sincerely 7 Civil Engineering Assistant New Business Development MHS/ C: Ms. Patty Anders City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Mailing .4ddress: \\fpsnts2\J_\WORDPROC\WORD\NEW BUSI.11\Will Serve\YearZ000\marg&datest.doc Post Office Box 8300 Perris, CA 9257-2-8300 Telephone: (909) 928-3777 Fax: (909) 928-6177 £ocation: 2270 Trumble Road Perris, CA 92570 l%anchu Water Ralph H. Daily Doug Kulberg Csaba F. Ko Jeffrey L. Minkler George M. Woods John F. Hennigar Phil]ip h Forbes November 9, 1999 Patty Anders, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY SWEETWATER SPECIFIC PLAN ASSESSMENT DISTRICT NO. 161 VARIOUS ASSESSOR'S PARCEL NUMBERS PLANNING APPLICATION NO. PA99-0418 AND PA99-0419 Dear Ms. Anders: Please be advised that the above-referenced development is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner along with the construction of any required on-site and/or off-site water facilities. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. If you have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager 99',SB:mc303~012-T1 ~FC F Board of Directors Douglas V. Kulberg President George M. Woods Sr. Vice Fresident Ra}ph H. Daily Lisa D. Herman Csaba F. Ko Scott A. Melntyre General Manager Phillip L. Forbes September 8, 2000 Patty Anders, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY HARVESTON SPECIFIC PLAN Dear Ms. Anders: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. RCWD has reviewed the Specific Plan for the Harveston development. As stated above, RCWD will provide water service to this project. The proposed demands have been incorporated into both the RCWD Water Resource Master Plan and Water Facilities Master Plan. These plans have been reviewed and adopted by the District's Board of Directors. The review of the above-referenced documents affirms that the water demand for Linda M. Fregoso ' ,~tr~ct S~cret,,~^d~s,-~[~w thru area was evaluated and incorporated into the RCWD Master Plans. BestC' MichaeIBest &C°wettKrieger LLP Also, please refer to our letter of August 23, 2000 (copy enclosed) concerning the General Counsel proposed lake. RCWD highly recommends that the issue of utilizing reclaimed water be completely addressed in the site master plan and specific plan. If you have any questions, please do not hesitate to call. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager Enclosure County of Riverside HEALTH SERVICES AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH DATE: February 1,2000 TO: CITY OF TEMECULA PLANNING DEPARTMENT ATTN: Patty Anders FROM: GREGOR DELLENBACH, Interim Supervisor RE: SWEETWATER SPECIFIC PLAN The Sweetwater Specific Plan dated September 1999 has been received and reviewed. Will-serve letters from the water and sewering agencies will be required and the use of reclaimed water on all parklands and other greenbelt zones and other landscaped zones is highly recommended. In order to serve domestic water and provide sanitary sewer service to the project area, "will-serve" letters from Rancho California Water District (RCWD) and Eastern Municipal Water District (EMWD) respectively will be required. Domestic water demands are calculated to be 2.02 MGD and wastewater flows to be 0.723 MGD. The report advises that RCWD and EMWD can handle those demands. The report identifies that 254.7 acres of park, open space and school sites that should be eligible to receive reclaimed water. These irrigation systems should be designed to accommodate a reclaimed water system. The concerns regarding re-claimed water have not been addressed in the document reviewed. Sincerely, Gregor Dellenbach, Interim Supervisor GD:dr (909) 955~8980 DAVID P. ZAPPE General Mana.-,er-Chief Emzincer RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT City of Temecula Planning Department Post Office Box 9033 Temecu[a, California 92589-9033 Attention: ~/~ "/"T ~ g/~'l'~ ~Jl~- S· Ladies and Gentlemeh: 1995 MARKET STREET RIVERSIDE. CA 92501 909.955.1200 909.788.9965 FAX 51180.1 The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The D strct a so does not p an check city land use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases. Distnct comments/recommendations for such cases are normally limited to tems of specific interest to the District including District Master Drainage Plan facilities, other regional flood oontro and drainage facilities wh ch cou d be considered a logical oomponentor extension of a master plan system, and District Area Drainage Plan fees (development mitigation fees). In addition, information of a general nature is provided. The District has not reviewed the proposed pro ect in detail and the following checked comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue: This project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional interest proposed. This project involves District Master Plan facilities. The District will accept ownership of such facilities on written request of he C ty Facilities must be constructed to District standards and Distdct plan check and inspection will be required for District acceptance. Plan check, inspection and administrabve fees will be required. ~ This proiect may propose channels, storm drains 36 inches or larger in diameter, or other· facilities that coed be consdered regona n nature and/or a logical extension of the adopted ~UR.~IC-.TA L.~~-~,~' Master Drainage Pan The District would consider accepting ownership ct such facilities on written request of the City. Facilities must be constructed to District standards and District plan check and inspection will be required for District acceptance. Plan check, inspection and adm n strat ve fees wi I be required. ~/' This project is located within the limits of the District's ~OR.IM ~I'A (~[:F__,I~/i~[,,Igifgg. Tl~ VF~/"'I"~A~ea Dra nage Plan for which drainage fees have been adopted; appl cable tees t, houid be paid by cashier's check or money order on y to the Flood Control Distr ct pr or to ssuance of building or grading permits, whichever comes first. Fees to be paid should be at the rate in effect at the time of issuance of the actua permit. GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Contro Board. Clearance for gradina recordation, or other final approva/should not be given until the City has determined that the project has been graY'ted a permit or is shown to be exempt. If th s project nvo ves a Federal Emergency Management Agency FEMA) mapped flood plain, then the City should requre the applicant to provide all studies calculatons, plans and other reformation required to meet FEMA requirements and should further require that the app cant obta n a Conditonal Letter of Map Revision (CLOMR) prior to grading, recordat on or other final approval of the project, and a Letter of Map Revision (LOMR) pr or to occupancy. If a natural watercourse or mapped flood plain is impacted by this project, the City should require the applicant to obtain a Section 1601/1603 Agreement from the California Department of F sh and Game and a Clean Water Act Section 404 Permit from the U.S. Army Corps of Engineers, or written correspondence from these agencies nd cat ng the proiect s exemet from these requ rements A Clean Water Act Section 401 Water Quality Certification may be required from the Icc'al California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. Very truly yours, STUART E. MCKIBBIN Senior Civil Engineer Date: /' IZ-C'O STATE OF CALiFORNIA--BUSINESS DEPARTMENT OF TRANSPORTATION DISTRICT 8 464 W Fourth Street, 6th Floor MS 726 San Bernardino, CA 92401-1400 PHONE (909) 383-6327 FAX (909) 383-6890 November 15, 1999 08-Riv-79-R3.300 Ms. Patty Anders Assistant Planner PO Box 9033 Temecula, CA 92589-9033 Dear Ms. Anders: AGENCY ~NOV 7 1999 GRAY DAVIS, Governor Sweetwater Specific Plan The City of Temecula should ensure that the applicant complies with the current Congestion Management Program in place as defined by the Riverside County Transportation Commission (1997). Please forward all future plans and documents to this office regarding this proposal. If you have any questions, please contact Jim Belty at (909) 383-4473 or FAX (909) 383-6890 Sincerely, LINDA GRIMES, Chief Office of Forecasting/ IGR/CEQA Review c: Mosie Boyd, State Clearinghouse ~ N~'e;ber ~ 1999 11:26am .... Page 2] SENT BY:UGH 3-99 ;11:07AM ; ARCH 90969464?7;# 2 ( ALIFORNIA HISTORICAL RESOURCES INFORMATION YSTEM MONO: EeStem Information Center Dep~'tment of AnthropoloG~r University of Cn~mla Riverside, CA 92521..0418 Phone (9o9) 787-5746 F= (9o0) ;'87.64o9 CUI, R,ES01 l~,: Case TranSmltta~ Reference Designation: Records at the East=re In~rmadon Center oldie CaZEo£ been reviewed to determine ifthia project would adverse -- The IgOpoood l~ojo~ ~ hs mx bet:o m~vcyod for cu]gu~ retouree(s). A Phse I itudy ;- ~_ b r~otnmmxb~ __ A F~aso I ~ultu~l rMour~ et~dy 0dp # 'T'ne Mabn~on of a mltm~l mso~tm~ man~ement ~o~ b i~ou~,= h4~na j~mmt Repom pmt;~ed by t~ C&llf~rnb OtTo, RCE i Historical Re~ou~ces Information System have affect prehistoric or hh;o~lc cultural resources: '~;--'l for =omn;q;_n4 eulluml ~sottt'~t. A ]*tla~ I atudy , m~m~] n:~umm. How~.~r, due to ,h,. natmu of ~ho kMI ~uour~j b not ~nt~l~tcd. Fuflb~ study b ~ ) pub,_~l rcfmuues. Pu.rth~ study b ~ nxx~nn~.i~cied. dhould be h,lr~d or diver, ed b~ tho intmed;*te BtM ~ urifl~; OOnst~u~ou shoLdd ~ ~ by a ~ ~ Phase] _,._ Plmse I! __ ~ Iii COMMENTS:__ Ir'you have any questions, please contact us. ,re~t'vatlon in ph~, er i oombhudoa Qf ~m two.] Eastern Information Center BOARD OF EDUCATION November 5, 1999 TEMECULA VALLEY Unified School District Oav,dB.^,,, en NOV 1 6 1999 By Patti Smith Richard Shafer Clerk Ed Elder Jerry Hobbs Member Barbara Tooker Member Ms. Patty Anders City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 SUBJECT: PA99-0419 (Sweetwater) Dear Ms. Anders: Temecula Valley Unified strongly supports the inclusion of a twelve-acre elementary school within the proposed Sweetwater Specific Plan. An elementary school within the community will be vital to serve the students generated by the homes there, as well as other City of Temecula residents. There is a need to open this school as early as August of 2000. As was discussed in an earlier meeting with City Manager Shawn Nelson, and Deputy City Manager, Gary Thomhill, this may require an acceleration of the school site portion of the specific plan. Lennar Communities has worked closely with the school district m establishing the location and configuration of the school site shown in the proposed plan. The District encourages an expeditious approval of that aspect of the plan as shown. Sincerely, Te~mecula Valle? Unifie/d)School District /Lanet Dixon J . /Coordinator of Facilities Services Cc: Dave Gallaher, Director of Facilifies Services 31350 Rancho Vista Road / Temecula, CA 92592 / (909) 676-2661 RTA ID:9096841007 MRY 51'01 9:14 No.O01P.02 May 3 I, 2001 Riverside Transit Agency 1825 Third Street P.O, BOX 59968 Riverside. CA 92517 Phone:(909) 684-0850 Fax: (909) SM-lO07 City of Temccula Planning Dcpartmcnt I met recently with Matt Fagan to discuss thc Harvcston Specific Plan. It appears that all attempts have been made to design the project in a transit-friendly maturer, including thc open-ended clustering otresidential units. The mixed-uses in the Village Green Center arc also conducive to transit usage.. We hope to jointly design a pilot program to encourage tr~sit usage and thc usc ofothcr alternatives to the single occupancy vehicle. It would be beneficial for the community to provide transit access to adjacent areas, such as thc Promenade Mall, middle and high schools and local employment centers. Please continue to keep us posted so we can maximize coordination of planning efforts. Thank you for the opportunity to commcnl on this project. ATFACHMENT NO 4 DRAFT ORDINANCE APPROVING THE CHANGE OF ZONE, AMENDING THE OFFICIAL ZONING MAP, A DEVELOPMENT CODE AMENDMENT AND ADOPTING THE ZONING STANDARDS FOR THE HARVESTON SPECIFIC PLAN (PLANNING APPLICATION NO. 99-0245) R:~S P~Harveston SP~City Council\STAFFRPT 8-I4-01.doc 10 Attachment No. 4 ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ZONE CHANGE, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA, AMENDING SECTION 17.16.070 OF THE TEMECULA MUNICIPAL CODE, AND ADOPTING ZONING STANDARDS FOR THE HARVESTON SPECIFIC PLAN NO. 13 ON PARCELS TOTALING 550 ACRES LOCATED ADJACENT TO INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT (PLANNING APPLICATION 99-0245) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Procedural History. The City Council of the City of Temecula does hereby find, determine and declare that: a. Lennar Communities ("Owner") filed Planning Application No PA99-0419 (General Plan Arnendment), PA99-0418 (Specific Plan, Development Code Amendment and Specific Plan Zoning Standards), PA 00-0189 (Environmental Impact Report), PA 99-0245 (Change of Zone), PA99-0446 (Development Agreement), PA00-0295 (Tentative Tract Map 29639), PA01 - 0030 (Tentative Tract Map 29928), PA01-0031 (Tentative Tract Map 29929), and PA01-0032 (Tentative Tract Map No. 30088) (the "Application") in accordance with the City of Temecula General Plan and Development Code for land use approvals for a 550 acre planned community located adjacent to and east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road, south of the northern City Limit which area includes the following parcels as designated by Assessor Parcel Numbers: 910-261-001,910-261-002,910-110-013, 910-110-015, 910-110-020, 910-110-021,910-110-027, 910-110-076, 910-100-007, 910-100-008, 910-060-009, 910-120-003, 910-120-007, 910-120-008, 911-630-001,911-630-002, 911-630-003, 911-640-001,911-640-002, 911-180-002, 911 -180-003, 911-180-004, 911-180-008, 911-180-009, 911-180-015, 911-180-023 AND 911-180-028 ("Project"). b. On June 20, 2001 and July 12, 2001, the Planning Commission of the City of Temecula held duly noticed public hearings on the Project at which time all persons interested in the Project had the opportunity and did address the Planning Commission on these matters. c. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2001-025 recommending to the City Council that the Project be approved, subject to certain recommended conditions. d. On July 24, 2001 and August 14, 2001, the City Council of the City of Temecula held duly noticed public hearings on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. e. Following consideration of the entire record of information received at the public hearings before the Planning Commission and the City Council, and due consideration of the proposed Project, the City Council adopted Resolution No. 2001 - , entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF TEMECULA CERTIFYING THE FINAL 086/0097/662467.1 ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE HARVESTON SPECIFIC PLAN AND RELATED ACTIONS, AND ADOPTING THE FINDING PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE HARVESTON SPECIFIC PLAN, LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMITS (PLANNING APPLICATION NO. 00-0189)." The Final Environmental Impact Report (FEIR) and mitigation monitoring reporting program accurately addresses the impacts associated with the adoption of this Ordinance. Section 2. determines Findinqs. The City Council of the City of Temecula fudher finds, and declares that: a. Specific Plan No. 13 implements the goals and policies of the City's General Plan and provides balanced and diversified land uses, and impose appropriate standards and requirements with respect to land development and usage in order to maintain the overall quality of life and the environment within the City. b. The City has engaged in extensive studies and review of the potential impacts of Specific Plan No. 13 as well as the various potential benefits to the City by the development of Specific Plan No. 13 and concluded that Specific Plan No. 13 is in the best interests of and is not detrimental to the health, safety and general welfare of the City. c. Specific Plan No. 13 is consistent with the City's General Plan, and each Element thereof, the City's Growth Management Program Action Plan and constitutes a present valid exercise of the City's police power. d. Specific Plan No. 13 is compatible with surrounding land uses. It proposes similar residential neighborhoods adjacent to existing surrounding neighborhoods, with interface buffers and full roadway improvements. e. Specific Plan No. 13 will not have an adverse effect on the community because it remains consistent with the goals and policies of the adopted General Plan. f. On , 2001 the City Council adopted Resolution No. 01- the Harveston Specific Plan (SP 13). The Harveston Specific Plan is set forth on Exhibit A of this Ordinance. Exhibit A is on file in the Official Records of the City Clerk and is incorporated herein by this reference as though set forth in full. g. All legal prerequisites to the adoption of this Ordinance have occurred. Section 3. Further Findinqs. determines and declares that: The City Council of the City of Temecula further finds, a. That the Project as proposed and conditioned is compatible with the health, safety and welfare of the community. The Project has been reviewed and determined to be in conformance with the City's General Plan. These documents set policies and standards that protect the health, safety and welfare of the community. Access and circulation are adequate for emergency vehicles. The two excluded parcels not under the applicant's ownership that are located within the Specific Plan shall hereby be re-designated to become compatible with the surrounding land uses of 11086/0097/662467.1 - 2 - the Harveston Specific Plan. The City hereby finds it necessary to change the Land Use Designation of the two excluded parcels to ensure the public health, safety and welfare of the City and to facilitate future development of these two parcels by removing the requirement for a separate Specific Plan. b. That the Project is compatible with surround ng and uses. The Project proposes sim ar residential neighborhoods adjacent to existing surrounding neighborhoods, with interface buffers and full roadway improvements. The limited neighborhood commercial development is proposed within a Village Center and is designed to be pedestrian oriented to serve the needs of the Harveston community. The Service Commercial is west of Ynez Road, adjacent to Interstate 1 5 where similar commercial and retail uses currently exist along the Interstate corridor. c. That the proposed Project will not have an adverse effect on the community because it remains consistent with the goals and policies of the adopted General Plan. The Project does not represent a significant change to the planned land uses for the site. Section 4. Amendment of Zoninq Map. The Official Zoning Map for the City of Temecula is hereby amended as shown in Exhibit B of this Ordinance. Exhibit B is attached hereto and incorporated herein by this reference as though set forth in full. Section 5. .Adoption of Development Code Text Amendment. Section 17.16.070 of the Temecula Municipal Code is amended by adding the following to the end of the list contained in Section 17.16.070:"SP-13 Harveston." Section 6. Adoption of Zonin.q Standards for Harveston Specific Plan. The City Council for the City of Temecula hereby adopts Sections 11.4, 11.5, and 11.6 of Chapter 11 of the Harveston Specific Plan Development Standards, as set forth in Exhibit C, as the Zoning Standards for the Harveston Specific Plan area. Exhibit C is attached hereto and incorporated herein by this reference as though set forth in full. Section 7. Severability. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. 11086/0097/662467.1 - 3 - Section 8. Certification. 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. 2001. PASSED, APPROVED AND ADOPTED this dayof ATTEST: Jeffrey Comerchero, Mayor Susan Jones, CMC City Clerk 11086/0097/662467.1 - 4 - 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. 01 - was duly introduced and placed upon its first reading at a regular meeting of the City Council on the __ day of ,2001, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the __ day of ,2001 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: SUSANJONES, CMC CITY CLERK APPROVED AS TO FORM: Peter M. Thorson City Attorney 11086/0097/662467.1 - 5 - EXHIBIT A HARVESTON SPECIFIC PLAN [Exhibit A, the Harveston Specific Plan No. 13, is on file in the Official Records of the City Clerk and is incorporated herein by this reference as though set forth in full.] R:\S P~Harveston SPiCily Council\DevCode&Zone Change Ord. DOC 6 EXHIBIT B REVISED ZONING MAP R:\S ~Ha/veston SPiCily Council\DcvCode&Zone Change Ord.DOC 7 City of Temecula Proposed Zoning EXHIBIT C ZONING STANDARDS FOR HARVESTON SPECIFIC PLAN R:\S P\Harveston SP~City Council\DevCode&Zone Change Ord. DOC 8 SECTION 11.0 DEVELOPMENT STANDARDS 11.4 ZONING ORDINANCE 11.4.1 Low Medium (LM) Density Residential Zone (3-5 dwelling units per acre) planning Areas 1, 4, 7~ and 10 The following regulations shall apply in the Low Medium Density Residential: Permitted / Conditionally Permitted Uses Matrix Low Medium Residential All types of non-commercial horticulture P Churches, synagogues and other similar religious structures and facilities including C incidental uses such as assembly, work rooms, living quarters of a priest, minister or family, and day care and educational facilities. Congregate care residential facilities for the elderly P Day care centers C Family day care homes - large, as defined by State law. C Family day care homes - small - 6 or fewer P Group care facilities and residential retirement homes, 6 or less people P Guest house or granny fiat P Home occupations, provided such occupations are customarily conducted as an accessory P use entirely within a building containing a residential use or attached garage. No outdoor storage or uses shall be permitted. Public and private recreational facilities including, but not limited to: country clubs, tennis P and swim c!ubs, golf courses, lakes, parks, racquetball and handball. Limited commercial uses which are commonly associated and directly related to the primary uses are permitted. Public parks and public playgrounds P Residential care facilities for the elderly (six or fewer) P Secandary dwelling units/granny flats/guest house P Single family detached, single family attached P Telecc, mmnnication towers P Temporary real estate tract offices located within a subdivision, to be used only for and P during the original sale of the subdivision, provided a development plan is approved pursuant to City Ordinance. Trails P Other Uses: Any use that is not specifically listed above may be considered a permitted use provided that the Director of Planning finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process, which governs the category in which it falls. The Harveston Specific Plan SECTION 11.0 DEVELOPMENT STANDARDS 10. 11. d. The corner side yard shall not be less than ten feet (10'). The Director of Planning may administratively approve modifications to these standards up to 15% for innovative and quality designs that meet the intent of the provisions for this Specific Plan. Parking. A minimum of two (2) enclosed spaces shall be provided per unit/lot. Enclosures shall comply with all yard requirements. For second units, one additional enclosed parking space shall be provided. Fences and Walls. Fences and walls shall be permitted within the front, side, and rear yard set back areas, except as provided for below: a. Fences may not be erected within either public or private street rights-of-way. b. Wherever fencing is visible from public view, the t-mished side of the fencing shall be exposed to public view. c. No fence or wall shall exceed six feet (6') in height, unless a higher wall is specifically required for sound attenuation purposes. The height of the fence or wall shall be measured from the highest ground level immediately adjacent to the base of the wall. d. Privacy walls, if provided in side and rear yards, shall be a minimum of five feet (5') in height. e. In front yard set back areas, solid fences and walls shall not exceed thirty inches (30") in height; provided, however, that fences and walls up to six feet (6') in height are permitted in front yards if the area above thirty inches (30") is no more than thirty percent (30%) solid. f. All pool enclosure fencing shall conform to applicable State of California or City of Temecula pool code fencing requirements, whichever is more stringent. SECTION 11.0 DEVELOPMENT STANDARDS T~LE IL1 SUMMARY DEVELOPMENT STANDARDS FOR LM (Low MEDnJM DENsrrY RF_,SmEm~&) ZONE Minimum Lot Area Per Dwelling Unit 4,000 Average Lot Area Per Dwelling Unit 5,000 Dwelling Units Per Net Acre 3 - 5 LOT DIMENSIONS Minimum Lot Width at Front Property Line 30 Minimum Lot Width for a Flag Lot, cul-de-sac, or knuckle at Front 20 Property Line Minimum Lot Width at Required Front Setback Area 40 Average Lot Width 45 Minimum Lot Depth 80 SETBACKS Minimum Front Yard Variable* Minimum Comer Side Yard 10 Minimum Interior Side Yard Variable* Minimum Rear Yard Variable* MAXIMUM HEIGHT 35 *Refer to Page 11-29 for specific setback requirements. ~RONT LOADED .I RECESSED r Harveston Specific Plan 11-31 ,~,,~,~,~,~,.~.~.~ ~,~,.~,~,.,,,~,~,.~ SECTION 11.0 DEVELOPMENT STANDARDS 11.4.2 Medium ! (MI) Density Residential Zone (5-7 dwelling units per acre) Planning Areas 2 and 8 The following regulations shall apply in the Medium 1 Density Residential: Permitted / Conditionally Permitted Uses Matrix Medium 1 All types of non commercial horticulture P Churches, synagogues and other similar religious structures and facilities including C incidental uses such as assembly, work rooms, living quarters of a priest, minister or family, and day care and educational facilities. Congregate care residential facilities for the elderly P Day care centers Family day care homes - large, as defined by State law. Family day care homes - small - 6 or fewer Group care facilities and residential retirement homes, 6 or less people Guest house or granny flat Home occupations, provided such occupations are customarily conducted as an accessory use entirely within a building containing a residential use or attached garage. No outdoor storage or uses shall be permitted. Public and private recreational facilities including,, but not limited to: country clubs, tennis and swim clubs, golf courses, lakes, parks, racquetball and handball. Limited commercial uses which are commonly associated and directly related to the primary uses are permitted. Public parks and public play~'ounds Rear access Residential care facilities for the elderly (six or fewer) Secondary dwelling units/granny flats/guest house Single family detached, small lot single family detached, single family attached, cluster Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, provided a development plan is approved >ursuant to City Ordinance. Trails C C P P P P P P P P P P Other Uses: Any use that is not specifically listed above may be considered a permitted use >rovided that the Director of Planning finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process, which governs the category in which it falls. Harveston Specific Plan 11-33 ~.~om~.m,~s,~o~*ea~_a*~:mc_a.o~a'n*~ }u~o~.a~.~,. SECTION 11.0 DEVELOPMENT STANDARDS Development Standards The following development standards shall apply in the Medium 1 Density Residential Zone of Planning Areas 2 and 8. Table 11.2 provides a graphic summary of the following Medium 1 (MI) development standards at the end of this section. For cluster projects within the M1, M2 and High density zoning districts, the development standards for lot sizes and setbacks may be varied by the Director of Planning as long as the cluster project falls within the allowed density ranges of the appropriate zone district. The purpose of this provision is to allow for innovative and altemative housing types around courtyards and common areas. 1. Building height shall not exceed two (2) stories, with a maximum height of thirty five feet (35'). 2. A minimum of 50% of Medium i units shall incorporate architecture forward designs. Minimum residential lot area shall be not less than three thousand (3,000) square feet and the average residential lot area shall be not less than three thousand five hundred (3,500) square feet. Airspace condominiums are exempt from the minimum lot size requirements provided that the overall density is consistent with the planning area requirements. Land acreage located wittiin Landscape Development Zones (I..DZ's) shall not be included in area calculations for meeting minimum lot size requirements. The minimum lot width at the front property line shall be twenty five feet (25'), with an average lot width of forty feet (40') and a minimum lot depth of seventy feet (70'). Lots at the end of cul- de-sacs and knuckles may vary from the minimum depth requirement provided a lot provides aa adequate area for development. The minimum lot width for a flag lot, cul-de-sac, or knuckle at front property line shall be twenty feet (20'). 8. The minimum lot width at required front setback area shall be thirty five feet (35'). 9. Minimum yard requirements are as follows: Minimum front yard - Variable Front Yard Setback: In order to allow for a more interesting visual image and more flexible site planning, variable setbacks shall be used in the M1 planning area in accordance with Section 10.5 (Principal Design Criteria). Front yard setbacks from garage doors to back of sidewalk shall be a minimum of 18 feet. The main building structure setback shall be i0 feet from the property line. Other portions of a structure (including patios, porches and entrances) may be setback a minimum of 7 feet. Building setbacks shall be measured from the property line. Minimum interior side yard - Variable Side Yard Setbacks: Variable side yard setbacks may be permitted provided the sum of the side yard setbacks is not less than 8 feet and the distance between adjacent smactures is not less than 8 feet. For front loaded Harveston Specific Plan I 1-34 ~0~ou~m~s~,~o,vma~m~*~m~ ~w~o~. SECTION 11.0 DEVELOPMENT STANDARDS 10. 11. 12. conditions a minimum of four-foot setback area, free of architectural encroachments shall be maintained on at least one side. Variable rear yard setback: 1) Garage forward and front loaded: a lO-foot minimum rear yard setback is permitted in the M-1 district, provided an average setback of 15 feet shall be maintained. 2) Rear vehicle access: the minimum rear yard setback to the garage shall be 3 feet and the main slructure setback shall be 15' (ground floor) and a 3' minimum with a 5' average setback for second story elements over the garage. At the rear of each lots, a minimum of 14 square feet of landscaping shall be provided (refer to Figure 11.13). c. The comer side yard shall not be less than ten feet (10') The Director of Planning may administratively approve modifications to these standards up to 15% for innovative and quality designs that meet the intent of the provisions for this Specific Plan (refer to Section 11.5 of this document). Parking. A minimum of two (2) enclosed spaces shall be provided per unit/lot. Enclosures shall comply with all yard requirements. Fences and Walls. Fences and walls shall be permitted within front, side, and rear yard set back areas except as provided for below: a. Fences may not be erected within either public or private street rights-of-way. Wherever fencing is visible from public view, the finished side of the fencing shall be exposed to public view. f. No fence or wall shall exceed six feet (6') in height, unless a higher wall is specifically required for sound attenuation purposes. The height of the wall or fence shall be measured from the highest ground level immediately adjacent to the base of the wall. Privacy walls, if provided in' side and rear yards, shall be a minimum of five feet (5') in height. In front yard set back areas, solid fences and walls shall not exceed thirty inches (30") in height; provided, however, that fences and walls up to six feet (6') in height are permitted in front yards if the area above thirty inches (30") is no more than thirty percent (30%) solid. All pool enclosure fencing shall conform to applicable State of California or City of Temecula pool code fencing requirements, whichever is more stringent. Harveston Specific Plan 11-35 ~:~',ou~.oa~-~,~:m~c~ ~.~a, rmosam.~,~. SECTION 11.0 DEVELOPMENT STANDARDS TABLE 11.2 SUMMARY DEVELOPMENT STANDARDS FOR MI (MEDRrM DENSITY RESmENTIAL, 5-7 DU's / AC) ZONE Minimum Lot Area Per Dwelling Unit Average Lot Area Per Dwelling Unit 3,500 Dwelling Units Per Net Acre 5 - 7 LOT DIMlgNSIONS Minimum Lot Width at Front ProperV/Line 25 Minimum Lot Width for a Flag Lot, cul-de-sac, or knuckle at Fronl 20 Propcrt~ Line Minimum Lot Width at R~uired Front Setback Area 35 Avera[~e LOt Width 40 Minimum LOt Depth 70 Minimum Froot Yard Variable* Minimum Comer Side Yard 10 Minimum Interior Sid.e Yard Variable* Minimum Rear Yard Variable* MAXIMUM HEIGHT 35 *Refer to Page 11-34 for specific setback requirements. FRONT LOADED REAR ACCESS Harveston Specific Plan 11-36 ~,~,,.~.~o~c.z~.~-.,.~,..,~,_oo~ SECTION 11.0 DEVELOPMENT STANDARDS 11.4.3 Medium 2 (M2) Density Residential Zone (7-13 dwelling units per acre) Pl~nnlng Areas 3~ 5~ 9 and 11 The following regulations shall apply in the Medium 2 Density Residential: Permitted/Conditionally Permitted Uses Matrix Medium 2 All types of non-commercial horticulture P Churches, synagogues and other similar religious structures and facilities including C incidental uses such as assembly, work rooms, living quarters of a priest, minister or family, and day care and educational facilities. Condominium~ p Congregate care residential facilities for the elderly P Day care centers C Duplex (two-family dwellings) P Family day care homes - large, as defined by State law. C Family day care homes - small - 6 or fewer P Group care facilities and residential retirement homes, 6 or less people P Home occupations, provided such occupations are customarily conducted as an P accessory use entirely within a building containing a residential use or attached garage. No outdoor storage or uses shall be permitted. Public facilities (Planning Area 9 only) P Public and private recreational facilities including, but not limited to: country clubs, P tennis and swim clubs, golf courses, lakes, parks, racquetball and handball. Limited commercial uses which are commonly associated and directly related to the primary uses are permitted. Public parks and public playgrounds P Rear access p Residential care facilities for the elderly (six or fewer) P Secondary dwelling units/granny flats/~uast house P Single family attached p Single family detached (small lots, clustered) P Temporary real estate lxact offices located within a subdivision, to be used only for and P during the original sale of the subdivision, provided a development plan is approved ~ussuant to City Ordinance. Trails p Other Uses: Any use that is not specifically listed above may be considered a permitted use provided that the Director of Planning finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process, which governs the category in which it falls. Harveston Specific Plan 11-37 SECTION 11.0 DEVELOPMENT STANDARDS Develooment Standards The following standards of development shall apply in the Medium 2 Density Residential Zone of Planning Areas 3, 5, 9 and 11, Table 11.3 provides a graphic summary of the following Medium 2 (M2) development standards at the end of this section. For cluster projects within the M1, M2 and High density zoning districts, the development standards for lot sizes and setbacks may be varied by the Director of Planning as long as the cluster project falls within the allowed density ranges of the appropriate zone district. The purpose of this provision is to allow for innovative and alternative housing types around courtyards and common areas. 1. Building height shall not exceed three (3) stories, with a maximum height of forty feet (40'). 3. 4. 5. Minimum residential lot area shall be not less than two thousand (2,000) square feet and the average residential lot area shall be not less than two thousand five hundred (2,500) square feet. Airspace condominiums are exempt from the minimum lot size requirements provided that the overall density is consistent with the planning area requirements. Land acreage located within Landscape Development Zones (LDZ's) shall not be included in area calculations for meeting minimum lot size requirements. The .minimum lot width at the front property line shall be twenty five feet (25'), with an average lot width of thirty feet (30') and a minimum lot depth of sixty feet (60'). Lots at the end of cul-de- sacs and knuckles may vary from the minimum depth requirement provided a lot provides an adequate area for development. The minimum lot width for a flag lot, cul-de-sac, or knuckle at front property line shall be twenty feet (20'). The minimum lot width at required front setback area shall be thirty feet (30'). Minimum yard requirements are as follows: Minimum front yard - The main building structure setback shall be 10 feet from the property line. Other portions of a structure including patios and courtyards may be setback a minimum of 3 feet. Porches shall be setback a minimum of eight feet (8'). Front yard setbacks from garage doors to back of sidewalk shall be a minimum of 18 feet. Building setbacks shall be measured from the property line. Minimum interior side yard - Variable Side Yard Setbacks: Variable side yard setbacks may be permitted provided the sum of the side yard setbacks is not less than 6 feet and the distance between adjacent structures is not less than 6 feet. For attached units, interior side yard setback shall be reduced to zero feet. c. Variable rear yard setbacks: 1) Front loaded: an 8-foot minimum rear setback is permitted in the M-2 district, provided an average setback of 10 feet shall be maintained. Harveston Specific Plan 11-38 ~n~m.~am.x~,~-~0~>~c~ SECTION 11.0 DEVELOPMENT STANDARDS 10. 11. 12. 2) Rear vehicle access: the minimum mar yard setbacks to the garage shall be 3 feet and the main structure setback shall be 10' (ground floor) and a 3' minimum with a 5' average setback for second story elements over the garage. At the rear of each lot, a minimum of 12 square feet of landscaping shall be provided (refer to Figure 11.13). d. The comer side yard shall not be less than ten feet (10') Minimum yard requirements in the Mixed Use Overlay zone may be waived or altered by the Director of Planning in order to achieve the mix of uses, building scale and design elements, as described in Section 11.4.5. The Director of Planning may administratively approve modifications to these standards up to 15% for innovative and quality designs that meet the intent of the provisions for this Specific Plan (refer to Section 11.5 of this document). Parking. A minimum of two (2) enclosed spaces shall be provided per unit/lot. Enclosures shall comply with all yard requirements. Fences and Walls. Fences and wails shall be penrdtted within front, side, and rear yard set back areas except as provided for below: a. Fences may not be erected within either public or private street fights-of-way. Wherever fencing is visible from public view, the £mished side of the fencing shall be exposed to public view. No fence or wall shall exceed six feet (6') in height, unless a higher wall is specifically required for sound attenuation purposes. The height of the fence or wall shall be measured from the highest ground level immediately adjacent to the base of the wall. Privacy walls, if provided in side and rear yards, shall be a minimum of five feet (5') in height. In front yard set back areas, solid fences and walls shall not exceed thirty inches (30") in height; provided, however, that fences and walls up to six feet (6') in height are permitted in front yards if the area above thirty inches (30") is no more than thirty percent (30%) solid. f. All pool enclosure fencing shall conform to applicable State of California or City of Temecula pool code fencing requirements, whichever is more stringent. For religious institutions and community facilities in Planning Area 9 supplemental landscaping, screening and buffering shall be required adjacent to residential uses. The Director of Planning shall determine the adequacy of this requirement. Harveston Specific Plan 11-39 SECTION 11.0 DEVELOPMENT STANDARDS TABLE 11.3 SUMMARY DEVELOPMENT STANDARDS FOR M2 (MEDII.r~ DENSITY RESmEIq~AL, 7-13 DU's / AC) - ZONE Minimum Lot Area Per Dwelling Unit Average Lot Area Per Dwelling Unit Dwelling Units Per Net Acre LOT DIMENSIONS Ma2 ' 2,000 2,500 7-13 Minimum Lot Width at Front Property Line Minimum Lot Width for a Flag Lot, cul-de-sac, or knuckle at Fron Proper~ Line 25 Minimum Lot Depth 20 Minimum LOt Width at Required Front Setback Area 30 Average Lot Width 30 ~ETBACKS Minimum Front Yard 18 Minimum Comer Side Yard Variable* Minimum Interior Side Yard Variable* Minimum Rear Yard MAXIMUM HEIGI~ *Refer to Page 11-38 for specific setback requirements. Variable* 40 FRONT LOADED I I I OF SIDEWALK PARKWAy REAR ACCESS  s MAY B~ REDUCED I , ' I , I ' , Harveston Specific Plan 11-40 SECTION 11.0 DEVELOPMENT STANDARDS 11.4.4 High (H) Density Residential Zone (13- 20 dwelling units per acre) Planning Area 6 The following regulations shall apply in the High Density Residential: Permitted / Conditionally Permitted Uses Matrix High Density Residential All types of horticulture P Attached residential units (apartments, condominiums, duplex, etc.) P Churches, synagogues and other similar religious s~'uctures and facilities including C incidental uses such as assembly, work rooms, living quarters of a priest, minister or family, and day care and educational facilities. Congregate care residential facilities for the elderly P Day care centers P Family day care homes - large C Family day care homes - small P Group care facilities and residential retirement homes, 6 or less people P Home occupations, provided such occupations are customarily conducted as an P accessory use entirely within a building containing a residential use or attached garage. No outdoor storage or uses shall be permitted. Nursery schools for preschool day care P Public and private recreational facilities P Public parks and public playgrounds P Residential care facilities for the elderly (six or fewer) P Secondary dwelling units/granny flats/guest house P Temporary real estate tract offices located witlfin a subdivision, to be used only for P and during the original sale of the subdivision, provided a development plan is approved pursuant to City Ordinance. Trails P Other Uses: Any use that is not specifically listed above may be considered a permitted use provided that the Director of Planning finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process, which governs the category in which it falls. Harveston Specific Plan 11-41 SECTION 11.0 DEVELOPMENT STANDARDS Development Standards The following standards of development shall apply in the High Density Residential Zone of Planning Area 6. Table 11.4 provides a graphic summary of the following High (H) development standards at the end of this section. For cluster projects within the Mi, M2 and High density zoning districts, the development standards for lot sizes and setbacks may be varied by the Director of Planning as long as the cluster project falls within the allowed density ranges of the appropriate zone district. The purpose of this provision is to allow for innovative and alternative housing types around courtyards and common areas. 1. Building height shall not exceed three (3) stories, with a maximum height of fifty feet (50'). 2. Minimum residential lot area shall be not less than five thousand (5,000) square feet. Land acreage located within Landscape Development Zones (LDZ's) shall not be included in area calculations for meeting minimum lot size requirements. The minimum lot width at the front property line shall be thirty feet (30'), with an average lot width of fifty feet (50') and a minimum lot depth of one hundred feet (100'). Lots at the end of cul-de-sacs and knuckles may vary from the minimum depth requirement provided a lot provides an adequate area for development. 5. The minimum lot width at required front setback area shall be thirty feet (30'). 6. Minimum yard requirements are as follows: Variable Development Perimeter Setback: In order to allow for a more interesting visual image and more flexible site planning, variable setbacks may be permitted in the high density planning area. Development Perimeter Setbacks for the main structure shall be a minimum of 6'. Patios, porches, and entrances may be setback a minimum of 3'. Where the property abuts a minimum 25' parkway (which may include a sidewalk), the setback for patios, porches, and entrances may be reduced to 0'. Setbacks shall be measured from the property line. b. Minimum interior lot setback. The minimum interior lot setback shall be 5 feet. Variable Building Separation: Building separation setbacks shall have a minimum of 20 feet with an average of at least 25 feet. The Director of Planning may administratively approve modification to these standards up to 15% for innovative designs and quality that meet the intent of the provisions for this Specific Plan (refer to Section j 1.5 of this document). Multi-family residential development abutting a side property line to a single-family development shall not exceed the height of the adjacent single-family residential by more than one story in height. Harveston Specific Plan 11-42 ~,~m~.~,,~,~,~,m~,~ ~,~o~,. SECTION 11.0 DEVELOPMENT STANDARDS 10. 11. 12. 13. Parking. Automobile storage space shall be provided as follows for multiple-family residences: a. Duplex, triplexes: 2 covered spaces/unit, plus 1 guest space / 2 units. Multiple family residential - 3 or fewer bedrooms: 2 covered spaces/unit, plus 1 guest space / 2 units. Multiple family residential - 4 or more bedrooms: 2 covered spaces/unit for first 3 bedrooms, then 1 space/bedroom for each additional bedroom. Open space shall be provided as follows for multiple family residences. For ground-level units, a minimum of seventy-five (75) square feet of private outdoor open space in the form of a patio or fenced yard shall be provided per unit with a minimum width of eight feet (8'). All other dwelling units shall be provided with a minimum of fifty (50) square fee~ of private outdoor space in the form of a balcony, with a minimum width of six feet (6). Recreational Area. A minimum of two hundred (200) square feet per dwelling unit shall be provided as common passive and active recreational space. This common open space/recreational space shall exclude all parking areas. Walls and Fences. Walls and fences shall be permitted within front, side, and rear yard set back areas except as provided for below: a. Fences may not be erected within either public or private street rights-of-way. b. Two-sided fencing shall be used wherever visible from a public or private street. No fence or wall shall exceed six feet (6') in height, unless a higher wall is specifically required for sound attenuation purposes. The height of the wall or fence shall be measured from the highest ground level immediately adjacent to the base of the wall. Privacy walls, if provided in side and rear yards, shall be a minimum of five feet (5') in height. In front yard set back areas, solid fences and walls shall not exceed thirty inches (30") in height; provided, however, that fences and walls up to six feet (6') in height are permitted in front yards if the area above thirty inches (30") is no more than thirty percent (30%) solid. All pool enclosure walls and fencing shall conform to applicable State of California or City of Temecula pool code fencing requirements, whichever is more stringent. Refuse Collection Areas: All refuse collection areas and structures shall be designed and provided in accordance with applicable City of Temecula guidelines and policies. Harveston Specific Plan 1143 SECTION 11.0 DEVELOPMENT STANDARDS Storage and trash collection structures shall not be located within any required setback area, including front, side, and rear yard setbacks. Refuse collection areas and structures shall be conveniently accessible to the units/buildings they are designed to serve. Structures which are used for storage or trash collection shall be screened by landscaping, solid walls/fencing, or combination thereof, in such a manner as not to be visible from a public street or from any adjacent residential area. Walls and fences used to screen storage or trash collection areas shall be solid and shall not exceed six feet (6') in height from the highest grade. Recycling processing facilities shall not be permitted; however, recycling collection facilities are specifically permitted uses subject to the conditions of this section. Harveston Specific Plan 11-44 SECTION 11.0 DEVELOPMENT STANDARDS TABLE 11.4 SUMMARY DEVELOPMENT STANDARDS FOR H (HIGH DENSITY RESIDF3Vrla~ 13-20 DU's / AC) - ZONE [ ~RESIDE~EDEVELOPMENT b-~ANDARI~: H I Minimum Lot Area 5,000 Dwelling Units Per Net Acre 13 - 20 LOT DIMENSIONS Minimum Lot Width at Front Property Line 30 Minimum Lot Width for a Flag Lot, cul-de-sac, or knuckle at Front NA Property Line Minimum Lot Width at Required Front Setback Area 30 Average Lot Wzdth 50 Minimum Lot Depth 100 SETBACKS Minimum Development Perimeter Variable* Minimum Interior Lot Setback 5 Minimum Building Separation Variable* MAXIMUM HEIGHT 50 *Refer to Page 11-42 for specific setback requirements. PAIRtGVAY MULTI-FAMILY Harveston Specific Plan 1145 SECTION 11.0 DEVELOPMENT STANDARDS 11.4.5 Mixed-Use Overlay Zone Plonning Areas 3~ 4~ and 6 The following regulations shall apply in the Mixed-Use Overlay zone: Permitted / Conditionally Uses Matrix Mixed-Use Overlay Zone Adult education programs P Adult exercise, health and fimess center P Antique shops P Apparel and accessory shops P Art supply shops and studios P Athletic courts (tennis/basketball) P Bakery shops retail P Bandstand P Banks/credit union ATM's P Barber and beauty shops P Bars and cocktail lounges when associated with live entertainment C Bicycle (sales, rentals, services) without outside storage P Bicycle sales and rentals with outside storage C Blueprint, reprographics and duplicating services P Bookstores (with library/coffee shop) P Boys and ~irls club P Cable TV office P Camera shop P Candy/confectionery sales P Catering services P Clothing stores P Clubhouse with meeting rooms for uses such as homeowners associations, clubs, P physician/nurse training, university extension courses, vocational training classrooms, etc, Coffee shop P Coin shop P Community playground P Computer and copy center P Computer and typewriter sales and rental, including incidental repairs P Congregate care (does not count against the 1,921 units) P Cultural aris facility P Dance halls C Da), care centers P Delicatessens P Drug stores and pharmacies P D~ cleaners P Harveston Specific Plan 11-46 SECTION 11.0 DEVELOPMENT STANDARDS Permitted / Conditionally Uses Matrix Mixed-Use Overlay Zone P Dry goods stores p Employment agencies p Financial, insurance real estate offices p Fire and police stations p Florists shops p Fortune telling, spiritualism or ~imilar activity P Gift shops p Hardware stores, not inclndin~o ontnide storage - p Healthcare facility p Historic interpretive center p Hobby shops Household goods sales, in~luding but not limited to, new and used appliances, P furniture, carpets, draperies, lamps, radios and television sets, including repair thereof P ce cream shops p Interior decorating shops p Jewelry stores, including incidental repairs P Library (school/city or county) C Liquor stores p Locksmith shops p Mail order businesses Markets, including but not limited to food, wholesale, produce, fruit, vegetable, fish, P and poult~ and meat markets, but not including slaughtering, p ~ledical equipment sales/rental p Music stores p Neighborhood coffee house p News stores Noticm~ or novelty stores P Offices, including but not limited to business, law, medical, dental, chiropractic, P ar~-hltP~mr en~ineerino commnni Jannin~ and real estate. ....... al, . ~ ~,, ty p ~ Outdoor venders (refer to "Outdoor Vendors" in this section) P Paint and wallpaper stores, not including paint contractors P P Parcel delivery services p Performing arts facility/theater p Personal service shops p Pet shops and pet supply shops p Photography shops and studios and photo engraving P Picnic areas Post office (and other federal/state functions) P P Pottery store p Pti_'nt~m ur publishers p Private utility facilities Religious institutions, without a daycare or private school C Religious institutions, with a private school C SECTION 11.0 DEVELOPMENT STANDARDS Permitted / Conditionally Uses Matrix Mixed-Use Overlay Zone Religious institutions, with a daycare C Residential P Restaurants and other eating establishments, not including drive-in and drive-thru P restaurants or restaurants with bars/cocktail lounges that offer live entertainment. Restaurants or other eating establishments with bars that offer live entertainment C Schools, business and professional, including but not limited to art, barber, beauty, P dance, drama, music and swimming, p Senior center p Senior citizen housing p Shared parking area p Sporting goods stores Stationer stores P Tailor shops P Telecommuting center P Telephone exchanges P Theaters, not inc]nd!ng &rive-ins C Tobacco shops P T,~nri~t information centers P To)' shops P Travel agencies P Visitor/sales information center P Watch repair shops P Other Uses: Any use that is not specifically listed above may be considered a permitted use provided that the Director of Planning finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process, which governs the category in which it falls and is compatible with the overall cnmmHnlty character within the I-Ia~eston Specific Plan area. Use of the Village Green: This is a unique urban space designed to ~ovide for gathering places and entertainment uses that are compatible with the surrounding uses. Outdoor entertainment uses are also permitted in this area. Temporary uses axe permitted in the Mixed-Use Overlay Zone of Planning Areas 3, 4, and 6 provided a temporary use permit has been granted pursuant to Section 17.040.020 of Temecula Development Code. Harveston Specific Plan 11-48 SECTION 11.0 DEVELOPMENT STANDARDS Development Standards The following lists the development standards for the Mixed Usc Overlay Zone. Any development standard that is not referenced in this section will revert back to the underlying zoning for the Mixed Use Overlay Zone, which is residential. The following standards of development are required in the Mixed-Use Overlay zone of Planning Ar~as 3, 4, and 6. I. Lot Area. There is no minimum lot area requirement; however, no subdivision of the Mixed-Use Overlay zone shall be permitted without an approved development plan, which shall occur at an administxative level, provided the plan is consistent with the "Site Planning Guidelines" in the proceeding pages. A minimum of 10,000 sq. ft. of retail development is required. Within the Village Center no minimum size is required for individual development. Setbacks. a. Where the front, side or rear yard adjoins a street, the setback shall be (0) from the LDZ (please refer to Figure 10.1-11 ). b. Where the side or rear yard adjoins a lot zoned for single family detached residential use, the mlnimunl setback shall be ten feet (10') from the property line. c. Setback areas may be used for driveways, parking and landscaping. Height Requirements. All buildings and structures shall not exceed fifty feet (50') in height. Landscaping. There shall be no landscape requirements for retail and office uses. For all other uses, a minimum of fifteen percent (15%) of the site proposed for development shall be landscaped and irrigated. Parking lot landscaping and shading shall conform to applicable City of Temeeuia Developmeat Cede. Parking. Automobile storage space shall generally be five (5) spaces for every one thousand (1,000) square feet of gross leasable floor area. Specific parking requirements for future uses shall be addressed at the site plan review phase when the type of use is known. Mechanical Equipment. All roof mounted mechanical equipment shall be screened from the ground elevation view to a minimum sight distance of one thousand three hundred twenty feet (1,320'). Screening shall be incorporated into the architecture with similar materials and finishes. 7. Refuse Collection Areas: All refuse collection areas and slructures shall be designed and provided in accordance with applicable City of Temecula roles and policies. Harveston Specific Plan 11-49 SECTION 11.0 DEVELOPMENT STANDARDS Storage and trash collection structures shall not be located within any required setback area, including front, side, and rear yard setbacks. Refuse collection areas and structures shall be conveniently accessible to the buildings they are designed to serve. Structures which are used for storage or trash collection shall be screened by landscaping, solid walls/fencing, architectural features, or combination thereof, in such a manner as not to be visible from a public street or from any adjacent residential area. Walls and fences used to screen storage or trash collection areas shall be sohd and shall not exceed six feet (6') in height from the highest grade. Lighting a. All lighting fixtures, including spot lights, electrical reflectors and other means of illumination for signs, structures, landscaping, parking, loading, unloading, and similar areas shah be focused, directed and arranged to prevent glare or direct ill,,mlnation on streets or adjoining property. b. The level of on-site lighting, as well as the type of lighting fixtures, shall comply with all applicable requirements of the City of Temecula and Mount Palomar Observatory. High pressure sodium lights may be used as street lighting in the pedestrian areas of the Village Center. c. The maximum height for parking lighting fixtures shall not exceed twenty feet (20'). Outdoor Vendors Outdoor vending on private property promotes public interest by contributing to an active pedestrian environment. However, reasonable regulation of outdoor vending is necessary to protect the public health, safety and welfare. 2. De£mitions For purposes of this section, the following definitions shall apply: "Stand" means a pushcart, wagon or any other wheeled vehicle or device which may be moved without the assistance of a motor and is used for the displaying, storing or transporting of articles offered for sale by a vendor. "Vending" means the sale of food or merchandise from a stand operating on private property within the Specific Plan area (Mixed Use Village Center). Harveston Specific Plan 11-50 ~,,~oLx.w~n,~0~.m~.~cmea~,~ SECTION 11.0 DEVELOPMENT STANDARDS Vendors License Required It shall be unlawful to sell, or offer for sale, any food, beverage or merchandise on any property within the Mixed Use Village Center area without first obtaining a Vendors License. Applications The application for a Vendors License shall be signed by the applicant and shall include: a. The name, home, and business address of the applicant, and the name and address of the owner, if other than the applicant, of the vending stand to be used in the operation of the vending business. A description of the type of food, beverage, or merchandise to be sold. A description and photograph (including signage and colors) of any stand to be used in the operation of the business. Issuance Not later than 30 days after the filing of a completed application for a vendor's license, the applicant shall be notified of the decision on the issuance or denial of the license. a. Licenses to vend within the Mixed Use Village Center area shall be reviewed and approved by the Director of Planning in conjunction with the Business License Registration Program, Building and Safety and the Public Works Depamnent. b. There should be at least 150 square feet of useable or recognizable plaza or courtyard area for each allowed outdoor vending cart. The vending should be free of all obstructions. Locations for vending within the Mixed Use Village Center area shall be approved by the Director of Planning. Vending locations shall be designated based on the ability of the site to safely accommodate the use by not interfering with pedestrian circulation and access or vehicle circulation or parking. The Director of Planning may require that the stand be removed from the location and stored out of public view when not in use. Vending locations may change only upon written request by an applicant and approved by the Director of planning. All vending locations shall be on privately owned, developed, commercial property within the Mixed Use Village Center area. Harveston Specific Plan 11-51 ~,~,~,,.,~n~,.,~,,~,.~,~'~._~ '~" SECTION 11.0 DEVELOPMENT STANDARDS 6. Term and Renewal o All licenses are valid for one year unless revoked or suspended prior to expiration. An application to renew a license shall be made not later than 60 days before the expiration of the current license. License fees and renewal procedures shall be established in accordance with the Business License Registration Program procedures outlined in the Municipal Code. Prohibited Conduct and Hours of Operation It shall be prohibited for any outdoor vendor to operate under any of the following conditions: a. Operate between 10 p.m. to 6 a.m. of the following day unless in conjunction with a special event. Leave any vending stand unattended. Store, park or leave any vending' stand within any public right-of-way or on any undeveloped or otherwise vacant property. Sell food or beverages for immediate consumption unless there is a litter receptacle available nearby for public use. Leave any location without first picking up, removing and disposing of ali trash or refuse remaining from sales made from the stand. Allow any items relating to the operation of the vending business to be placed anywhere other than in, on or under the stand. Set up, maintain or permit the use of any additional table, crate, canon, rack or any other device to increase the selling or display capacity of the stand where such additional items have not been approved by the Director of Planning. h. Solicit or conduct business with persons in motor vehicles. Sell anything other than that which the license permits. Sound or permit the sounding of any device which produces a loud and raucous noise, or use or operate any loud speaker, public address system, radio, sound amplifier, or similar device to attract the attention of the public. Vending Stand Requirements a. Vendor shall be required to submit a photograph or drawing of the vending stand to be used for review during application approval process, including materials, colors and signage. b. The design and appearance of the vending cart shall be consistent in character with the design theme of the Mixed Use Village Center. Harveston Specific Plan 11-52 SECTION 11.0 DEVELOPMENT STANDARDS 10. 11. 12. No stand shall exceed four feet ( ) in width, six feet (6) m length, and e~ght feet (8) in height. Safety Requirements All stands in or from which food is prepared or sold shall comply with the following requirements: a. All equipment installed in any pan of the stand shall be secured in order to prevent movement during transit and to prevent detachment in the vent of a collision or overturn. b. All utensils shall be stored in order to prevent their being hurled about in the event of a sudden stop, collision or overturn. A safety knife holder shall be provided to avoid loose storage of knives. c. Compressors, auxiliary engines, generators, batteries, battery chargers, gas fueled water heaters, and similar equipment shall be installed so as to be hidden from view to the extent possible and be easily accessible. Display of License All licenses shall be displayed in a visible and conspicuous location at all times during the operation of the vending business. Advertising No advertising, except the posting of prices, shall be permitted on any stand, except to identify the name of the product or the name of the vendor. Denial, Suspension and Revocation Any license may be denied, suspended or revoked in accordance with the procedures in the Municipal Code for any of the following causes: Fraud or misrepresentation contained in the application for the license. Fraud or misrepresentation made in the course of carrying on the business of vending. Conduct of the licensed business in such manner as to create a public nuisance, or constitute a danger to the public health, safety, welfare or morals. d. Conduct which is contrary to the provision of this section. Harveston Specific Plan 11-53 SECTION 11.0 DEVELOPMENT STANDARDS Site Planning Guidelines As stated in Section 3.1.4, this overlay zone provides the opportunity to develop a mix of potential uses such as retail, restaurant, office uses, a daycare facility, a worship site, and private club house with fimess center (Village Club) and park, recreation, educational and residential uses. A maximum of 20,000 square feet of commercial/retail/office is permitted in this zone along with the 15,000 square feet Village Club, residential, recreation and educational uses. This overlay will provide the potential for development projects which create a "live, work and play environment." For an overall, "conceptual design" of the Mixed-Use Overlay zone, please refer to Figure 11.14, Mixed Use Village Center Conceptual Plan with Building Placement and Landscape Treatment. This design is "conceptual" subject to revisions as individual properties are developed. The plan and guidelines which follow are intended to ensure that this area is developed in a manner consistent with the intent of the Mixed-Use Overlay to create a "Village Center" at I4_arveston. A proposed permitted mixed-use which the Community Development Department deems to be in conformance with the following guideline principles, s.h~ll be approved administratively by the Director of Planning. The Director of Planning reserves the right to bring any project or use to the Planning Commission due to contzoversial or complex issues related to the use or development. Mixture of Uses 1. Integrate mixed-uses into a single structure with retail on the lower level, office and residential on upper levels. 2. Residential units should always be located above any commercial use. 3. Vertical mixed use projects (where uses are combined in a single snmcture) is preferred over horizontal mixed use projects (where uses are distributed in separate structures). 4. When mixed uses are combined within a single structure, the intensity of use should decrease as the floors increase. 5. Permanent barriers, which preclude pedestrian circulation through a mixed use project, are strongly discouraged. 6. Opportunities for convenient transit access from the Village Center are strongly encouraged. 7. The commercial anchors for the Village Center should be entertainment, restaurant or grocery stores, versus the suburban prototypical deparanent store. 8. Encourage the provision of community facilities in the Mixed-use Village Center area~. 9. Allow for residential densities at the top of the density range for those projects that offer mixed- uses. 10. Consider higher residential densities and intensities that will support mass Uansit options. I 1. Compliment retail uses with personal service shops, office and residential uses. 12. Provide for community gathering spaces, public meeting rooms, conference rooms and exhibition areas. Harveston Specific P/an 11-54 ,~0,,~ou,~r.m,~,mmm~x.~*~c.,u~mm.~ v.~v=t~,- SECTION 11.0 DEVELOPMENT STANDARDS Buildin~ I. Buildings shall be adjacent to the street or the adjacent landscape planter area to create a pedestrian oriented streetscape within the Mixed Use Village Center. 2. The overall design of buildings in the Mixed-use Village Center area shall be compatible in terms of landscaping, architectural design, building materials and the relationship between buildings. The overall scale and design of buildings in a Village Center area should be compatible with one another. Single story commercial sUuctures are discouraged. The first floor of any multi floor building should be oriented to the pedestrian. Buildings with large landscaped setbacks are not desirable. Whenever possible, consolidate multiple landscape setback areas into usable "urban" plazas with seating, paving, and lighting accen[3. Whenever it is impossible or undesirable to provide multiple floors, the use of mezzanines or open ceiling spaces are preferred. Large landscaped buffer yards are discouraged in favor of pedestrian plazas, civic plazas, transit station facilities and other public open space options. Residential units shall be at least two stories high and employ neo-traditional principles. Parking and Vehicular Circulation 1. Parking lots shall be located internally within the project area and not located only on the perimeter as with the "typical" shopping center. 2. Parking lots, garages, and other facilities should generally be located at the rear or at the side of buildings. 3. Shared parking between businesses shall be provided whenever possible. 4. Parking areas shall be well-landscaped internally as well as along the perimeter. 5. Large expanses of paving uninterrupted by landscaping shall not be pennitted. One tree shall be provided for every six (6) parking stalls. 6. Parking aisles shall be separated from pedestrian access mutes whenever possible. 7. Parking lot design should incorporate pedestrian pathways through the lot versus around the perimeter. 8. Separate vehicular and pedestrian circulation systems shall be provided in Mixed-use Village Center areas. (Refer to Figure 11.15, Mixed Use Village Center Pedestrian and Vehicular Circulation and Parking). Harveston Specific Plan 11-56 SECTION 11.0 DEVELOPMENT STANDARDS Pedestrian Circulation/Pedestrian-Oriented Design Provide pedestrian and non-motorized vehicular access between the Mixed-use Village Center area and other uses in the Harveston community. 3. 4. 5. 6. 7. 8. 9. Site Planning for the Mixed-use Village Center areas shall provide pedestrian circulation areas that are linked to the I.nop Road paseo system. The design of the building facades shall be architecturally interesting and in scale with the pedestrian. Sidewalks adjacent to shop sterefronts should be at least ten feet wide to facilitate browsing, stopping to talk, or walking through. Ground floor elevations shall avoid large blank walls, with windows and doorways located at frequent intervals. Large wall surfaces shall be divided with offsets, projections, step-backs, and penetrations to provide distinctive shadow lines. Site planning and design shall be sensitive to the need to create defensible spaces for the protection of the pedestrian. Consider pedestrian circulation patterns, sunlight conditions, wind pattern, and the selection of building and landscape materials, when locating a pedestrian open space. Landscape treatment throughout the Mixed-use Village Center shall have a unifying theme emphasizing the more urban-like environment, yet blends with the adjoining residential neighborhoods. Transit Connection Provide facilities for future connections to regional bus systems. (Refer to Figure 11.15, Mixed Use Village Center Pedestrian and Vehicular Circulation and Parking). Harveston Specific Plan 11-57 ~0,,voL,,~u2u~N~o,~,a~_s~c~c.a~n~ ~*mo~ms~,- SECTION 11.0 DEVELOPMENT STANDARDS 11.4.6 Service Commerdal Planning Area 12 The following regulations shall apply in the service commercial zone: Permitted / Conditionally Permitted Uses Matrix Sou~ ($) or Son (~0 Service Commercial oate ~'eet Aerobics/dance/g~rnnastics/jaz~ercise/martial arts studios p S&N Alcohol and drug treatment (oum~ atlent) C S&N Alcoholic beverage sal~ C S&N Alcoholism or drug tre~am~ant facilities C S&N Ambulance services p S&N Animal hospital/shelter p S&N Antique restoration C S&N Antique shops p S&N Apparel and accessory shops p S&N Appliance stores, household (glass and mirror retail services) P S&N Arcades (pinball and video ?roes) C S&N Art supply shops and studios p S&N Auction houses P S&N Auditoriums and conference facilities C S&N Automobile paintln~ and body shop C S&N Automobile pans and sales P S&N Automobile rental P , S&N Automobile repair services (no outdoor storage) P S&N Automobile sales P S&N Automobile service stations with or without an automated car wash P S&N Bakery goods distributors P S&N Bakery retail P S&N Bakery whoJe~al~ P S&N Banks and financial institutions P S&N Barber and beaut~ shops. P S&N Bicycle (sales, ren~a!s~ services) P S&N Bilhard parlor/pool hall C S&N Binding of books and similar publications P S Blood banks p S&N Blueprinting, duplicating and copy services. P S&N Bookstores P S&N Bowling alley P S&N Building materials sales (with exterior storage/sales areas greater than 50% of total P S&N sales area) Building materials sales (with exterior storage/sales areas less than 50% of total P S&N sales area) Butcher shop P S&N Cabinet shop p S&-N SECTION 11.0 DEVELOPMENT STANDARDS Permitted / Conditionnlly Permitted Uses Matrix ~oum (~) or Norm Service Commercial ~ate strut Cabinet shops under 20,000 sq. ft. - no outdoor storage P S&N C~mera shop (sales/minor repairs) P S&N Candy/confectionery sales P S&N Car wash, full service C S&N Carpet and mg cleanin~ P S&N Catering services p S&N Clr~thin~ stores P S&N Coins purchase and sales P S&N Cnmmunications equipment sales P S&N Cnmmnnity care facilities p S&N Computer sales and service P S&N Congregate care housing for the elderly P S&N Construction equipment sales, service or rental C S&N Contractor's equipment sales, service or rental C S&N Convenience market P S&N Costume rentals p S&N Cutlery P S&N Data processing equipment and systems P S&N Day Care C S&N Delicatessens P S&N Discount/department stores P S&N Distribution facility C S&N Drug stores/pharmacy p S&N Dry cleaners P S&N Dry cleaning plant C S&N Electronics kales P S&N Emergency sbelter~ C S&N Equipment sales and l~.ntal~ P S&N Equipment sales and rentals (outdoor storage) C S&N Feed and ~rain sales p S&N Financial, insurance real estate offices P S&N Fire and police itations P S&N Floor covering sales P S&N Florist shop P S&N Fortune telling, spirinmli~m, or similar activity C S&N Funeral parlors, mortuary P S&.N Furniture sales (no outdoor storage or display of merchandise) P S&N Furniture transfer and storage C S&N Garden supplies and equipment sales and service P S&N Gas dis~bution, meter and control station C S&N General memb~dJ se/retail store P S&N Government offices P S&N Harveston Specific Plan 11-60 SECTION 11.0 DEVELOPMENT STANDARDS Permitted / Conditionally Permitted Uses Matrix ~,~ (s) or North (U) Service Commercial oat~ smut Grocery store, retail p S&N p S&N Grocery store, wholesale Guns and firearms sales p S&N Hardware stores p S&N Health and exercise clubs p S&N Health care facility p S Health food stores p S&N Heliports C S&N p S&N Hobby supply shops Home and business maintenance service P S&N Hospitals C S&N Hotels/motels p S&N Ice cream parlor p S&N Interior decorating shops p S&N Kennel C S&N Laboratories, film, medical, research or testing centers P S Laundromat p S&N Laundry service (commercial) p Libraries, museums and galleries (private) C S&N Liquor stores C S&N Lithographic service p S&N Locksmith p S&N Mail order bn*inesses p S&N Manufacturing of products similar to, but not limited to, the following: Custom-made product, processing, assembling, packaging, and fabrication of goods P S within enclosed building (not outside storage), such as jewelry, furniture, art objects, clothing, labor intensive manufacturing, assembling, and repair processes which do not involve frequent txuck traffic. Compounding of materials, processing, assembling, packaging, treatment or P S fabrication of materials and products, which require frequent tmek activity or the transfer of heavy or bulky items. Wholesaling, storage, and warehousing within enclosed building, freight handling, shipping, truck services and terminals, storage and wholesaling from the premises or unrefined, raw or semi-refined products requiring further proces*ing or manufacturing, and outside storage. Medical equipment sales/rental p S&N Membership clubs, organiyations, lodges C S&N Mini-storage or mini-warehouse * S&BI Mobile home sales and service p S&N Motion picture studio P S&N Motorcycle sales and service p S&N * Please refer to Section 17.08 050R of the Development Code I Musical and recording studio SECTION 11.0 DEVELOPMENT STANDARDS $ou~ ($) or Permitted / Conditionally Permitted Uses Matrix norm Service Commercial Oate Seeet Nightclubs/taverns/bars/dance club teen club C S&N Nurseries (retail) p S&N Nursing homes/convalescent homes C S&N Office equipment/supplies, sales/services p S&N Office, administrative or corporate headquarters with ~'?ater than 50,000 sq. ft. p S&N Offices, including but not limited to business, law, medical, dental, chiropractic, p S&N architectural, en~neering, community planning and real estate. Paint and wallpaper stores p S&N Parcel deliver), services p S&N Parking lots and parkin~ structures C S&N Pawn shops p S&N Personal service shops p S&N Pest control services p S&N Pet grooming/pet shop p S&N Photographic studio p S&N Plumbing supply yard (enclosed or unenclosed) C S&N Postal services p S&N Printin~ and publishing (newspapers, periodicals, books, etc.) p S&N Private utility facilities (regulated by the public utilities commission) p S&N Radio and broadcasting studio, offices p S&N Recreational vehicle sales . C S&N Recreational vehicle, trailer and boat storage - exterior yard C SSdq Recreational vehicle, trailer, and boat storage within an enclosed building C S&N Religious institutions C S&N Restaurant, drive-in/fast food C S&N Restaurants and other eating establishment~ p S&N Restaurants with lounge or live entertainment C S&N Roomln~ and boarding houses C S&N Schools, business and professional p S&N Scientific research and development offices and laboratories p S Sports and recreational facilities C S&N Swimming pool supplies/equipment sales p S&N Taxi or limousine services p S&N Telecommunication towers * S&N Tile sales p S&N Tobacco shop p S&N Track sales/rentals/service C S&N TV/VCR repair p S&N Upholstery shop C S&N Ve~din~ machine sales and service p S&N Warehousing/distribution C S Watch repair p S&N Welrlin~o supply and service (enclosed) p S&N * Please refer to Section 17.40 of the Development Code Harveston Specific Plan 11-62 SECTION 11.0 DEVELOPMENT STANDARDS Development Standards The following standards of development are required in the Service Commercial Zone of Planning Area 12. To ensure the integrated development of Planning Area 12, the areas north and south of Date/Cherry Street shall be master planned prior to any land subdivision or development. Table 11.5, at the end of this section, provides a graphic summary of the following Service Commercial development standards. Development Standard (Planning Area 12) Lot Area. The minimum net lot area shall be thirty thousand square feet (30,000 sq. ft.) Height a. b. C. The maximum height of all structures, including buildings, shall be fifty feet (50'). A maximum height for fence, wall or hedge shall be six feet (6'). A maximum height for an accessory slructure shall be twelve feet (12'). Landscaping a. A minimum of twenty percent (20%) of the site shall be landscaped and automatic irrigation shall be installed. b. Parking lot landscaping and shading shall conform to applicable City Ordinance. Setbacks a. A minimum of yard area setback adjacent to a street shall be twenty five feet (25') for an arterial street; twenty feet (20') for a collector; and ten feet (I0') for a local street. b. A minimum yard adjacent to residentially zoned property shall be thirty feet (30'). c. A minimum interior side yard shall be (0), except that side yards adjacent to the Freeway shall be ten feet (10'). d. A minimum rear yard shall be ten feet (10'). e. A minimum side/rear setback for an accessory sU'ucture shall be five feet (5'). f. A minimum width at required front setback area shall be one hundred feet (100'). g. A minimum depth shall be one hundred twenty feet (120'). h. A minimum frontage on a street shall be eighty feet (80'). A target floor area ratio for the uses within the Service Commercial shall be 0.40. Harveston Specific Plan 11-63 SECTION 11.0 DEVELOPMENT STANDARDS lO. 11. 12. A maximum floor area ratio with intensity bonus as per Section 17.08.050 of the Temecula Development Code shall be 1.5. Screening. Parking, loadhg, trash and service areas shall be screened by structures and landscaping. They shall be located in such a manner as to minimize noise or odor nuisance. Screening shall be required at the face of buildings to break / soften long, two dimensional. It should be noted extensive landscaping will not be provided at the rear of buildings whose loading areas are not in the public view. This will be addressed at the development plan stage. Outside Storage Areas. Outside storage shall be screened with structures and landscaping. Landscaping shall be placed in a manner adjacent to the exterior boundaries of the area so that materials stored are screened from view. If a non-screened exhibit of products is proposed, it shall be part of the Industrial Park Development Plan, and shall be setback at least ten feet (10') from the property line. Refuse Collection Areas/Loading Docks All refuse collection areas and structures and loading docks shall be designed and provided in accordance with applicable City of Temecula roles and policies. Storage and trash collection structures and loading docks shall not be located within any required setback area, including front, side, and rear yard setbacks. Refuse collection areas and structures shall be conveniently accessible to the buildings they are designed to serve. Loading docks and structures, which are used for storage or trash collection, shall be screened by landscaping, solid walls/fencing, architectural features, or combination thereof, in such a manner as not to be visible from a public street or from any adjacent residential area. eo Walls and fences used to screen storage or trash collection areas or loading docks shall be solid and shall not exceed six feet (6') in height from the_highest grade. Parking. Automobile parking shall comply with Chapter 17.24 of the Temecula Development Code. Utilities. All new utilities shall be underground. Mechanical Equipment. All mol mounted mechanical equipment shall be screened from the ground elevation view to a minimum sight distance of one thousand three hundred twenty feet (1,320'). Screening shall be incorporate into the architecture through the use of increased parapet wall height and other building wall elements. Harveston Specific Plan 11-65 SECTION 11.0 DEVELOPMENT STANDARDS 13. 14. Lighting a. All lighting fixtures, including spot lights, electrical reflectors and other mean of illumination for signs, structures, landscaping, parking, loading, unloading, and similar areas shall be focused, directed and arranged to prevent glare or direct illumination on steers or adjoining property. b. The level of un-site lighting, as well as the type of lighting fixtures, shall comply with all applicable requirements of the City of Temecula and Mount palomar Observatory. c. The maximum height for parking area lighting fixtures shall not exceed thirty feet (30'). Building'Structure Design. All buildings and structures shall comply with the applicable provisions of the City-wide design guidelines. In addition, all elevations facing the freeway shall include substantially similar architectural treatments that are locat~l on the buildings' front elevations. Harveston Specific Plan 11-66 SECTION 11.0 DEVELOPMENT STANDARDS 11.4.7 Signage Village Center Signage: Guidelines and Standards Special signage guidelines and standards are required for the Village Center. Effective signage will conwibute to the urban feel and the pedestxian scale of the development. Special siguage requirements will also serve to identify the Village Center, while at the same time, effectively providing the necessary visibility needed by commercial development. These guidelines and standards, when combined with the building and landscape guidelines and standards will help create a "sense of place" in the Village Center. General Sign Guidelines 1. Appropriate. a. Generally, small, low key siguage program for tenant spaces. Building mounted signs for project identity. Eye level signs; window and door signs, including pedestrian oriented projecting signs. Signs consistent with building texture, color and architectural style. Uniquely shaped signs that are related to the product or service provided (i.e., barber poll). Signs which have illumination sources consistent with Mount Palomar lighting standards and restrictions. 2. Inappropriate/Prohibited a. Typical "can" or "box" signs with entire face areas in plastic. b. Individual plastic channel letters. L Signs mounted above building rooflines (parapet), or roof-mounted signs. Signs which incorporate any manner of mechanical movement, audible elements, flashing or intermittent lighting, and/or moving or otherwise animated forms.. Signs which interfere with or conflict with any txaffic control device, create a safety hazard by obstructing the clear view of pedestrian or vehicular traffic or interfere with efficient operations of emergency vehicles. Signs, which prevent free access to or from any fire escape, door, window or exit, or access to any standpipe. g. Landscaping or the use of annual or ornamental flowers that form a sign or message. Harveston Specific Plan 11-67 SECTION 11.0 DEVELOPMENT STANDARDS h. Signs not in scale with the pedestrian orientation. i. Neon window signs. j. Vehicle signs. k. Signs eitending above the cave or parapet and roof-mounted signs. 1. Signs painted onto building surfaces or trash bins and their enclosures. m. Signs with disproportionate, visually distracting, or reflective surfaced background or graphics. n. Signs with non-contrasting background/graphics, which render the sign illegible. o. Inflatable signs. p. Off-site signage. q. Monument signs (except a theater monument or marquee). General Sign Standards and Specifications 1. A comprehensive sign program for the entire Village Center shall be required prior to the approval of the first Development Plan. 2. The area of a sign or logo with individual letters shall be measured by a rectangle around the outside of the lettering and/or the pictorial symbol. 3. Planning and Building and Safety Departments review and approval is required prior to the placing, erecting, moving, or reconstructing of any sign within the Specific Plan area. 4. All permanent signs shall require a permit prior to erecting or attaching the sign. 5. If a situation arises that is not covered by these sign regulations or the type of permit required, the Director of Planning shall provide written interpretation after consulting the City's Sign Ordinance. 6. All building-mounted signs shall meet all applicable city, state and federal codes. 7. All signs containing electrical components shall conform to the Uniform Lighting Code. 8. Signs shall be placed to be compatible with the building and accent the architectural design of the structure. 9. Sign colors should be compatible with the building's color and the building. 10. Signs and letter sizes shall be used which are complementary to the building scale. Harveston Specific Plan 11-68 SECTION 11.0 DEVELOPMENT STANDARDS 11. 12. Signs should have individually spaced letters. Signs shall have concealed illumination source, either internal or external. Building Mounted Signs Retail and office uses shall have one (1) square foot of sign area per linear foot of business frontage, with a maximum letter height of sixteen (16") inches. Each business may use any combination of the following signs to arrive at the total allowable square footage. Awning Signs Twenty percent (20%) maximum coverage allowed of the total exterior surface of each awning. Internal illumination is prohibited. Projecting Signs No more than one (1) projecting sign will be allowed per tenant. The maximum size may not exceed six (6) square feet and shall not extend more than three feet (3') from the wall surface. Projecting signs shall only be attached to buildings and shall not be illuminated. Signs may encroach into the public right-of-way a maximum of three feet (3') subject to approval of the Director of Public Works. Accessory Signs Permanent Window Signs. Store identity, graphics, typography and/or company logo may be silkscreened or etched on the tenant's window. The maximum square foot graphic area allowed per window shall not exceed fifteen percent (15%) of the total window area from the exterior of the building, whichever is greater. Signs will not be permitted on doors. Hanging Signs and Under Canopy Signs No more than one (1) hanging sign shall be allowed per tenant. Signs are permitted under a canopy and parallel to the primary street; maximum size of three (3) square feet; minimum of seven feet (7') vertical clearance shall be required from walking grade to the bottom of the sign. 3. Menu Boards. One menu board, up to four (4) square feet in area, is allowed for each restaurant or other eating establishment. Menu boards may contain only the name of the establishment and the food available inside. The menu board must be located on a wall adjacent to the main customer SECTION 11.0 DEVELOPMENT STANDARDS Daily Special Signs. One display area, up to four (4) square feet in area, is allowed for each restaurant or other eating establishment. Dally Special signs may contain only the name of the menu item. The daily special sign must be located near the entrance or hostess stand. .Address Nmnerals All building mounted address numerals are to conform with all graphic requirements for signage, herein and the requirements of the Temecula Fire Department. Directional Signa~e 1. Shall consist of small-scale signs that are compatible with the buildings architecture and wall signs. 2. Shall have contxasting background/graphic colors. Shall have direct or indirect concealed illumination. Individual directional signs shall not exceed three (3) square feet in area, or have an overall height exceeding three feet (3') above f'mished grade. Flags A maximum of three (3) colored flags, which contain no writing, insignia or logns may be displayed at one time. Leasing and Temporary Signs Leasing, temporary, and future facilities signage shall be permitted for any office or institutional use, provided that the maximum area does not exceed sixteen (16) ~quare feet, nor shall the height of the sign exceed eight feet (8') above finished grade. Temporary window signs shall not be illuminated, shall be limited to fifteen percent (15%) of the tenants storefront glass area, and shall be displayed for no more than fourteen (14) days. All other temporary signs shall be regulated and permitted pursuant to the City of Temecula Sign Ordinance. 3. A-frames are permitted no more than twelve (12) days per month. Theater Marquee Permanent signage for all theaters and special event facilities shall be permitted and may be provided in the form of either theater monument signs and/or marquee signs. These signs, if provided, shall consist of a permanent portion displaying the name of the theater or special event facilities and, if desired, may also include a changeable section accommodating program information. The marquee will comply with the standards for the monument sign discussed above, except the maximum area of the sign may be increased to forty (40) square feet and the width increased to ten feet (10'). Harveston Specific Plan 11-70 ~¥o~,.m~.~s~,~m,~x.s~mc.~s.o~ns~ ~,~ro~rn~,- SECTION 11.0 DEVELOPMENT STANDARDS Service Commercial Si~nage: Guidelines and Standards A single thematic sign program for the Service Commercial development areas that dictates the design of signage must be incorporated so as to blend with the master community landscape and signage theme carried throughout the Harveston community. This sign program incorporates cohesive il]uminnfion techniques, a building coverage and monument sign guidelines to support and accentuate the monument concepts within the Landscape Architectural Guidelines. Gener~ Si Guidelines 1. Appropriate. a. Monument signs. Building mounted signs for project identity. One color for sign lettering and one color for sign background. Additional colors are acceptable only when incorporating logos. d. Generally, small, low key signage program for tenant spaces. e. Eye-level signs; window and door signs. f. g. h. Individual channel letters. Signs consistent with building texture, color and architectural style. Signs which have illumination soumes consistent with Mount Palomar lighting standards and restrictions. 2. Inappropriate/Prohibited f. Free standing freeway-oriented signage. Typical "can" or "box" signs with entire face areas in plastic. Signs mounted above building rooflines (parapet), or roof-mounted signs. Signs which incorporate any manner of mechanical movement, audible elements, flashing or intermittent lighting, and/or moving or otherwise animated forms. Signs which interfere with or conflict with any traffic control device, create a safety hazard by obstructing the clear view of pedestrian or vehicular traffic or interfere with efficient operations of emergency vehicles. Signs, which prevent free access to or from any fire escape, door, window or exit, or access to any standpipe. SECTION 11.0 DEVELOPMENT STANDARDS Landscaping or the use of annual or ornamental flowers that form a sign or message. Illumination of signage by floodlights, lighting from unconcealed sources, sources which do not conform with set design style. i. Absence of illumination. j. Neon window signs. 1. Vehicle signs. Signs extending above the eave or parapet, roof-mounted signs, non-projecting signs which project more than twelve inches (12") from a given building face. Signs painted onto building surfaces or trash bins and their enclosure~. Signs with disproportionate, visually distracting, or reflective surfaced background or graphics. Signs with non-contrasting background/graphics, which render the sign illegible. p. Off-site signage. q. A-frames. General Sign Standards and Specifications 1. The area of a sign or logo with individual letters shall be measured by a rectangle around the outside of the lettering and/or the pictorial symbol. 2. Planning and Building and Safety Departments review and approval is required prior to the placing, erecting, moving, or reconsWucting of any sign within the Specific Plan area. 3. All permanent signs shall require a permit prior to erecting or attaching the sign. 4. A comprehensive sign program shall be required to be reviewed and approved by the planning Department prior to the first development in the Service Commercial area. The comprehensive sign program shall precisely implement the sign standards of the Specific Plan area. 5. Signage which is not approved as part of the Development Plan process shall be approved administratively by the Director of planning. 6. If a situation arises that is not covered by these sign regulations or the type of permit required, the Director of Planning shall provide written interpretation after consulting the City's Sign Ordinance. 7. All building-mounted signs shall meet or exceed all applicable city, state and federal codes. 8. All signs containing electrical components shall conform to the Uniform Lighting Code. Harveston Specific Plan 11-72 ~oLt.~ar~m~N~mao~.~*~,~'n~ ~vmos~,- SECTION 11.0 DEVELOPMENT STANDARDS Monument Signs 1. Signs shall be constructed with materials and colors that are compatible with, and serve to complement the building. 2. Not more than one (1) freestanding sign shall be perm/ned per lot, except that ff the lot has frontage on two (2) or more streets, the project shall be permitted two (2) freestanding signs, provided that the two (2) signs are not located on the same street and are not closer than three hundred feet (300'). 3. A freestanding sign shall never be located within three hundred feet (300") of another freestanding sign. 4. Freestanding signs shall refer only to the permitted uses conducted on the premises, shall be located outside the road fight-of-way, shall not exceed six feet (6') in height above grade and the maximum surface area of the sign shall not exceed thirty-two (32) square feet. All monument signs shall include the address of the site. Numerals shall be no larger than ten inches (10") in height and no smaller than six inches (6") in height. A minimum of one hundred (100) square feet of landscaping of low growing shrubs, groandcover and/or annual color shall surround the base of the sign. Entry Monumentation Primary entry monumentation shall not exceed an area of one hundred (100) square feet; provided, however, that the sign shall not exceed six feet (6') in height above grade or twenty feet (20') in length. Primary entry monumentation shall identify the name of the center and shall be landscaped consistent with Section 10.3.1 item (4) of the Specific Plan. Entry monumentation letter types styles, sizes and colors shall be reviewed and approved by the City during the Development Plan review process. Primary entry monumentation shall be limited to entry points for the Service Commercial planning Area, with a maximum of five (5) signs total (see Section 10.3.1 item (4) of the Specific Plan). Buildin~ 1. General. Signs shall be placed to be compatible with the building and accent the architectural design of the structure. b. Sign colors should be compatible with the building's color and the building. SECTION 11.0 DEVELOPMENT STANDARDS c. Signs and letter sizes shall be used which are complementary to the building scale. Signs should have individually spaced letters. Signs shall have concealed illumination source, either internal or external. Maximum letter height shall not exceed forty-two inches (42") unless approved by the City during the Development Plan review process. All on-building fascia signage shall be coordinated with other signage within the center. Wall Signs. a. The maximum number of signs shall be one per building frontage. b. The maximum area of signs shall be one (1) square foot for each sign area per linerd foot of building frontage. c. Building identification signs are only permitted if no tenant identification signs are placed on the building. Tenant Window Identification. Store identity, graphics, typography and/or company logo may be silkscreened or etched on the tenant's window in white only. The maximum square foot graphic area allowed per window shall not exceed four (4) square feet or fifteen percent (15%) of the total window area from the exterior of the building, whichever is greater. Signs will not be permitted on doors. Hanging Signs bio more than one (1) hanging sign shall be allowed per tenant. Signs are permitted under a canopy and parallel to the primary street; maximum size of six (6) square feet; minimum of seven feet (7') vertical clearance shall be required from walking grade to the bottom of the sign. Letters shall be four inches (4") maximum in height. Accessory Signs Menu Boards. One menu board, up to four (4) square feet in area, is allowed for each restaurant or other eating establishment. Menu beards may contain only the name of the establishmant and the food available inside. The menu beard must be located on a wall adjacent to the main customer entr'ance. Dally Special Signs. One display area, up to four (4) square feet in area, is allowed for each restaurant or other eating establishment. Daily Special signs may contain only the name of the menu item. The daily special sign must be located near the entrance or hostess stand. Harveston Specific Plan 11-74 SECTION 11.0 DEVELOPMENT STANDARDS 3. Other. a. Any signage provided for Handicap parking, advertising, sales/leasing signage. Handicap parking to conform to Americans with Disabilities Act (ADA) codes and requirements, as well as City requirements for appropriate graphics, color and size restrictions. Parking, advertising, and on-site shopping signage to be restricted per applicable City of Temecula ordinance by the Planning Department. Address Numerals All building mounted address numerals are to conform with all graphic requirements' for signage, herein and the requirements of the Temecula Fire Department. Directional Siena~e Shall consist of small-scale versions of monument sign design and contain graphics conforming to the design for monument signs and building mounted signs. 2. Shall have contrasting background/graphic colors. 3. Shall have direct or indirect concealed illumination. Individual directional signs shall not exceed three (3) square feet in area, or have an overall height exceeding three feet (3') above finished grade. Multiple-tenant directional signs shall not exceed twelve (12) square feet in area, or have an overall height exceeding six feet (6') above finished grade. Directional signs shall be internally oriented and not located within the required street setback area. 6. Shall not contain logos. Flags A maximum of three (3) colored flags, which contain no writing, insignia or logos may be displayed at one time. Leasing and Temporary Signs Leasing, temporal, and future facilities signage shall be permitted for any office or institutional use, provided that the maximum area does not exceed thirty-two (32) square feet, nor shall the height of the sign exceed eight feet (8') above finished grade. Temporary window signs shall not be illuminated, shall be limited to fifteen percent (15%) of the tenants storefront glass area, and shall be displayed for no more than fourteen (14) days. All Harveston Specific Plan 11-75 SECTION 11.0 DEVELOPMENT STANDARDS other temporary signs shall be regulated and permitted pursuant to the City of Temecula Sign Ordinance. 3. No A-frame signs shall be permitted in this planning Area. Permanent signage for hotels, theaters and special event facilities shall be permitted and may be provided in the form of either theater monument signs and/or marquee signs. These signs, if provided, shall consist of a permanent portion displaying the name of the hotel, theater or special event facilities and, if desired, may also include a changeable section accommodating program information. The marquee will comply with the standards for the monument sign discussed above. 11.5 EXCEPTIONS TO DEVELOPMENT STANDARDS The development standards contained herein, except lot size, setbacks and height, may be waived or modified by the Director of Planning, or an appropriate hearing body, as part of the development plan or conditional use permit process if it is determined that the standard is inappropriate for the proposed use, and that waiver or modification of the standard will not be contrary to the public health and safety. For clUSter projects within the M1, M2 and High density zoning disu-icts, the development standards for lot sizes and setbacks may be varied by the Director of Planning as long as the cluster project falls within the allowed density ranges of the appropriate zone district. The purpose of this provision is to allow for innovative and alternative housing types around courtyards and common areas. Harveston Specific Plan 11-76 ATI'ACHMENT NO 5 DRAFT ORDINANCE APPROVING THE DEVELOPMENT AGREEMENT (PLANNING APPLICATION NO. 99-0446) R:\S P~Harveston SP~City CounciI\STAFFRPT 8-14-01.doc FOLLOWS: Attachment No. 5 ORDINANCE NO. 01- __ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND LENNAR COMMUNITIES AND WINCHESTER HILLS I LLC" FOR THE HARVESTON SPECIFIC PLAN AREA (PLANNING APPLICATION NO. 99-0446) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS Section 1. Procedural History. The City Council of the City of Temecula does hereby find, determine and declare that: A. Lennar Communities ("Owner") filed Planning Application No PA99-0419 (General Plan Amendment), PA99-0418 (Specific Plan, Development Code Amendment and Specific Plan Zoning Standards), PA 00-0189 (Environmental Impact Report), PA 99-0245 (Change of Zone), PA99-0446 (Development Agreement), PA00, 0295 (Tentative Tract Map 29639), PA01-0030 (Tentative Tract Map 29928), PA01-0031 (Tentative Tract Map 29929), and PA01-0032 (Tentative Tract Map No. 30088 (the "Application") in accordance with the City of Temecula General Plan and Development Code for land use approvals for a 550 acre planned community located adjacent to and east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road, south of the northern City Limit which area includes the following parcels as designated by Assessor Parcel Numbers: 910-261-001, 910-261-002, 910-110-013, 910-110-015, 910-110-020, 910-110-021, 910-110-027, 910-110-076, 910-100-007, 910-100-008, 910-060-009, 910-120-003, 910-120-007, 910-120-008, 911-630-001, 911-630-002, 911-630-003, 911-640-001, 911-640-002, 911-180-002, 911-180-003, 911-180-004, 911-180-008, 911-180-009, 911-180-015, 911-180-023 AND 911-180-028 ("Project"). B. Government Code Section 65864 authorizes the City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to, among other matters: ensure high quality development in accordance with comprehensive plans; provide certainty in the approval of development projects so as to avoid the waste of resources and the escalation in the cost of housing and other development to the consumer; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules and regulations and subject to conditions of approval, in order to strengthen the public planning process and encourage private participation in comprehensive planning and reduce the private and public economic costs of development; and provide for economic assistance to Owner for the entitlements authorizing development related improvements. C. On June 20, 2001 and July 12, 2001 the Planning Commission of the City of Temecula held a duly noticed public hearing on the Draft Environmental R:~S P~Harveston SP\City Council'~DA Ord. DOC 1 Impact Report, the proposed Development Agreement(s) and the other land use applications for the Project at which time all persons interested in the Draft EIR, proposed Development Agreement and the Project had the opportunity and did address the Planning Commission on these matters. D. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Development Agreement and the Project, the Planning Commission adopted Resolution No. 2001-025 recommending to the City Council that the Development Agreement be approved, subject to certain recommended conditions. E. On July 24, 2001 and August 14, 2001 the City Council of the City of Temecula held duly noticed public hearings on the Draft Environmental Impact Report, proposed Development Agreement(s) and the other land use applications for the Project at which time all persons interested in the proposed Development Agreement and the Project had the opportunity and did address the City Council on these matters. F. Following consideration of the entire record of information received at the public hearings before the Planning Commission and the City Council, and due consideration of the proposed Final EIR, General Plan Amendment, Change of Zone, Code Amendment, Specific Plan Zoning Ordinance, Tentative Tract Maps (Level A and B), and Development Agreement, the City Council adopted a resolution entitled "A Resolution of the City Council of the City Of Temecula, California, Recommending Certification of the Final Environmental Impact Report Prepared for the Harveston Specific Plan and Related Actions and Recommending Adoption of the Environmental Findings Pursuant to the California Environmental Quality Act, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program in Connection therewith for the Harveston Specific Plan, Located on the North Side of Winchester Road, between Interstate 15 and Margarita Road (Planning Application 00-0189)?' The Final Environmental Impact Report (FEIR) and mitigation monitoring reporting program accurately addresses the impacts associated with the adoption of this Ordinance. Section 2. Findinqs. The City Council of the City of Temecula further finds, determines and declares that: A. In consideration of the substantial public improvements and benefits to be provided by Owner and the Project, in further consideration of the implementation of the Harveston Specific Plan and in order to strengthen the public financing and planning process and reduce the economic costs of development, by the Development Agreement, the City intends to give Owner assurance that Owner can proceed with the development of the Project for the Term of the Development Agreement pursuant to the terms and conditions of the Development Agreement and in accordance with the City's General Plan, ordinances, policies, rules and regulations existing as set forth in the Development Agreement. In reliance on the City's covenants in the Development Agreement concerning the development of the Property, Owner has and will in the future incur substantial costs in site preparation and the construction and installation of major infrastructure and facilities in order to make the Project feasible. B. The Development Agreement and the Existing Project Approvals, as defined in the Development Agreement, implement the goals and policies of the City's General Plan, and the Harveston Specific Plan, provide balanced and diversified land R:\S P\Harveston SP\City Council\DA Ord. DOC 2 uses, and impose appropriate standards and requirements with respect to land development and usage in order to maintain the overall quality of life and the environment within the City. C. The City has engaged in extensive studies and review of the potential impacts of the Project as well as the various potential benefits to the City by the development of the Project and concluded that the Project is in the best interests of and is not detrimental to the health, safety and general welfare of the City. D. The Development Agreement is consistent with the City's General Plan, and each Element thereof, and the City's Growth Management Action Plan, and constitutes a present valid exercise of the City's police power. E. The Development Agreement is being entered into pursuant to and in compliance with the requirements of Government Code Section 65867. All legal prerequisites to the adoption of this Ordinance have occurred. Section 3. Adoption of Development Aqreement. The City Council of the City of Temecula hereby approves certain agreement entitled "Development Agreement by and Between the City of Temecula and Lennar Communites" and authorizes the Mayor to execute said Agreement on behalf of the City in substantially the form attached hereto as Exhibit A.. Exhibit A is attached hereto and incorporated herein by this reference as though set forth in full. Section 4. Severability. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Section 5. Certification. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the manner required by law. PASSED, APPROVED AND ADOPTED this day of ,2001. Jeffrey Comerchero Mayor ATTEST: R:\S P\Harveston SP\City Council'~DA Ord. DOC 3 Susan Jones, CMC City Clerk R:\S P\Harveston SP\City Council\DA Ord. DOC 4 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. 01- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of 2001 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the __ day of ,2001 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: SUSANJONES, CMC CITY CLERK APPROVED AS TO FORM: Peter M. Thorson City Attorney R:\S P\Harveston SP\City Council\DA Ord. DOC 5 EXHIBIT A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND LENNAR COMMUNITIES (PROVIDED UNDER ATTACHMENT NO. 10 OF THIS REPORT) R:~S P~larveston SP~City Council\Ord for DA .DOC 5 ATI'ACHMENT NO 6 DRAFT RESOLUTION APPROVING TI'M 29639 (PLANNING APPLICATION NO. 00-0295) R:\S PXFIarveston SP~City CouncihSTAFFRPT 8-14-01.doc 12 Attachment No. 6 RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 00-0295 - TENTATIVE TRACT MAP NO. 29639, THE SUBDIVISION OF APPROXIMATELY 550 ACRES INTO 91 LOTS WHICH CONFORM TO THE PLANNING AREAS, OPEN SPACE AREAS, SCHOOL AND PARK SITES OF THE HARVESTON SPECIFIC PLAN LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 910-261-001,910-261-002, 910-110-013, 910-110-015, 910-110-020, 910-110-021,910-110-027, 910- 110-076, 910-100-007, 910-100-008, 910-060-009,910-120-008, 911-630- 001,911-630-002, 911-630-003, 911-640-001,911-640-002, 911-180-002, 911-180-003, 911-180-004, 911-180-008, 911-180-009, 911-180-015, 911 - 180-023 AND 911-180-028 WHEREAS, Lennar Communities filed Planning Application No. PA00-0295 (the "Application") in a manner in accord with the City of Temecula General Plan, Development Code and Subdivision Ordinance; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on June 20, 2001, and July 12, 2001 at duly noticed public hearings as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, the City Council considered the Application on July 24, 2001 and August 14, 2001, 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 opposition to this matter; WHEREAS, at the conclusion of the Council hearing and after due consideration of the testimony, the Council approved of the Application, and certified the Environmental Impact Report and adopted the Mitigation Monitoring Program after finding that the project proposed in the Application conformed to the City of Temecula General Plan; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated R:\S P\Harveston SP\City Counci1~29639--CC RESO.DOC Section 2. Findinqs. That the City Council, in approving the Application, hereby makes the following findings as required in Section 16.09.140 of the Temecula Municipal Code. A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, any applicable specific plan and the City of Temecula Municipal Code; B. The proposed subdivision map is consistent with the subject specific plan and related General Plan Amendment. C. The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting pamels following division of the land will not be too small to sustain their agricultural use; D. The site is physically suitable for the type and proposed density of development proposed by the tentative map; E. The design of the subdivisions and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat as no sensitive species or habitant exist within the project boundaries; F. An environmental impact report has been prepared and a finding has been made, pursuant to Public Resources Code Section 21081 (a) (3), finding that specific economic, social, or other considerations make infeasible mitigation measures or project alternatives identified in the environmental impact report; G. The design of the subdivisions and the type of improvements are not likely to cause serious public health problems; H. The design of the subdivisions provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; I. The design of the subdivisions and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. (Quimby). The subdivisions are consistent with the City's parkland dedication requirements Section 3. Environmental Compliance. Residential projects approved under a Specific Plan are exempt from further environmental review pursuant to Section 15182 of the California Environmental Quality Act Guidelines. All environmental impacts were previously identified and in the Final Environmental Impact Repod (FEIR) and Mitigation Monitoring Program in order to approve the project. Section 4. Conditions. The City Council of the City of Temecula approves Planning Application No. PA00-0295 (Tentative Tract Map 29639), the subdivision of approximately 550 acres into 91 lots which conform to the Planning Areas, school and park sites of the Harveston Specific Plan, subject to the project specific conditions set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all other necessary conditions that may R:\S P~Harveston SP\City Counci1~29639--CC RESO.DOC 2 be deemed necessary, for the property located east of Interstate 15, north or Santa Gertrudis Creek, west of Margarita Road and south or the northern City limit, and further identified as Assessor Parcel Nos. 910-261-001,910-261-002, 910-110-013, 910-110-015, 910-110-020, 910-110-021,910-110- 027, 910-110-076, 910-100-007, 910-100-008, 910-060-009, 910-120-008, 911-630-001,911-630- 002, 911-630-003, 911-640-001,911-640-002, 911-180-002, 911-180-003, 911-180-004, 911-180- 008, 911-180-009, 911-180-015, 911-180-023 AND 911-180-028. Section 5. PASSED, APPROVED AND ADOPTED this 14th day of August, 2001. ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTYOFRIVERSIDE ) ss CITY OFTEMECULA) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 2001- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 14th of August, 2001, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk R:\S P\Harveston SP\City Council~9639--CC RESO.DOC 3 EXHIBIT A CONDITIONS OF APPROVAL FOR 'rrM 29639 R:~ P'~-Iarveston SP\City Council~?.9639--CC RESO.DOC 4 EXHIBIT A (Attachment No. 6) CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No.: PA00-0295 (Tentative Tract Map No. 29639) Project Description: The subdivision of approximately 550 acres into 91 lots which conform to the Planning Areas, Open Space Areas, School and Park sites of the Harveston Specific Plan. Assessor's Parcel Nos.: 910-261-001,910-261-002, 910-110-013, 910-110- 015, 910-110-020, 910-110-021,910-110-027, 910- 110-076, 910-100-007, 910-100-008, 910-060-009, 910-120-008, 911-630-001, 911-630-002, 911-630- 003, 911-640-001, 911-640-002, 911-180-002, 911- 180-003, 911-180-004, 911-180-008, 911-180-009, 911-180-015, 911-180-023 AND 911-180-028. Approval Date: Expiration Date: August 14, 2001 August 14, 2003 PLANNING DIVISION General Requirements The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of the Temecula Subdivision Ordinance, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be R:XS P'xHarveston SI~PC Docsk29639-COA.doc responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. Should the applicant fail to timely post the required deposit, the Director may terminate the land use approval without further notice to the applicant. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 13, the Harveston Specific Plan. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the Final Environmental Impact Report for the Harveston Specific Plan, and the approved Mitigation Monitoring Program thereof. Once the Project Study Report (PSR) conducted by Caltrans is completed, the road alignments affecting the individual planning areas (i.e. Ynez Road and Cherry/Date Street) may be altered or modified to implement the PSR. The alternation or modification of the roads will require a revised tentative tract map ("A" Map) subject to the approval of the Director of Planning and Public Works Director. Within thirty (30) days of the final approval of the project by the City Council, the map shall be submitted to the Planning Department in final form for review and approval. The final form shall include all conditions of approval and all modifications made by the Planning Commission and City Council. The Developer shall disclose to all home buyers that Date Street is planned to be a six (6) lane urban arterial roadway and will include a freeway interchange pursuant to the City of Temecula General Plan Circulation Element. All modifications to the phasing map after the first phase of development shall not require a Specific Plan Amendment and shall be approved administratively. The approval granted by this Resolution shall become effective upon the Effective Date of the Development Agreement, as the term Effective Date is defined in the Development Agreement adopted concurrently with this Resolution. 10. Further, notwithstanding any of the conditions contained herein, Developer may seek an agreement for reimbursement for any improvements or facilities that qualify for reimbursement at such time as the City of Temecula adopts an ordinance for such reimbursement pursuant to and consistent with California Government Code Sections 66485 through 66489, inclusive, and further shall waive the same in the event of agreements, consistent with the foregoing, that require or include any or all of the terms set forth immediately above. Prior to Issuance of Grading Permits 11. A copy of the Rough Grading plans shall be submitted and approved by the Planning Division. 12. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula R:~S P~Harvestoa SP~PC Docs~29639-COA.doc 2 Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. Prior to Recordation of the Final Map 13. The following shall be submitted to and approved by the Planning Division: a. A copy of the Final Map. b. A copy of the Environmental Constraint Sheet (ECS) with the following notes: This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. ii. The Harveston Environmental Impact Report (EIR) was prepared for this project and is on file at the City of Temecula Community Development Department - Planning Division. c. A copy of the Covenants, Conditions, and Restrictions (CC&R's) CC&R's shall be reviewed and approved by the Planning Director. The CC&R's shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings and all landscaped and open areas including parkways. ii. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the city prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. iii. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or R:~S l:~larvestoa SP',PC Docs~29639~2OA.dcc 3 voting membership in an association owning the common areas and facilities. Prior to Issuance of Building Permits 14. The applicant shall conduct an acoustical study to ensure acceptable interior and exterior noise standards pursuant to the General Plan noise levels for residential and commercial structures. All recommend construction techniques, improvements and/or walls recommended in the acoustical report shall be incorporated into the construction of the structures and subdivision. PUBLIC WORKS DEPARTMENT Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the tentative site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission wilt subject the project to further review and may require revision. GENERAL CONDITIONS 15. All utility systems such as electric, including those which provide direct service to the project site and/or currently exist along public rights-of-ways adjacent to the site (except electrical lines rated 33 kv or greater), gas, telephone, water, sewer, and cable TV shall be placed underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. 16. Prior to the issuance of any grading permit, as deemed necessary by the Department of Public Works, the Developer shall consult with the State of California Department of Fish and Game, U.S. Army Corps of Engineers, and U.S. Fish and Wildlife Service to determine if permits or approvals are necessary from such agencies for any action contemplated by this proposal. Such consultation shall be in writing, and copies of said correspondence, including responses from agencies, shall be submitted to the City. Where appropriate, the terms, conditions, and recommendations of the noted agencies shall be incorporated as Conditions of Approval into the areas of development. 17. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. Ali dedications shall be free from all encumbrances as approved by the Department of Public Works. 18. Landscaping and permanent irrigation facilities shall be installed with all street improvements on and off-site grading. Perimeter walls, where required, shall be treated with graffiti-resistant coating and shall be installed adjacent to street improvements within each phase. 19. A phasing plan addressing the schedule of necessary infrastructure requirements shall be approved by the Department of Public Works and the Planning Director prior to approval of any subsequent application. 20. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal R:~S P~larveston SP'xPC Docs~29639-COA.doc 4 Code and all Resolutions implementing Chapter 15.06 unless otherwise provided for by a written agreement between the City and the Developer. 21. The Developer shall make a good faith effort to acquire the required real property interests necessary to carry out these conditions, and if he or she should fail to do so, the Developer shall, prior to submittal of the Final Map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shatl provide for payment by the Developer of all costs incurred by the City to acquire the real property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the Developer, at the Developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. CIRCULATION 22. Prior to Final Map recordation, the Developer is responsible to bond for or construct the traffic signals at the project's accesses, as required, including the associated street improvements, based on traffic signal warrants analysis relative to subsequent tentative maps and/or development applications. 23. Adequate primary and secondary access shall be provided for each phase of development as approved by the Department of Public Works. Access to office and commercial areas shall be reviewed by the Department of Public Works at the time of submittal of individual tentative maps and/or development applications. Additional rights-of-way at entries to the aforementioned sites may be required to provide for turning lanes as directed by the Department of Public Works. 24. The exact location and number of access points shall be subject to review and approval by the Department of Public Works upon future tentative map and/or development plan approvals. 25. All street sections shall correspond with Typical Roadway Cross Sections and requirements of the Circulation Element of City's General Plan, City ordinances and standards or as approved with the Harveston Specific Plan. 26. All intersection intervals shall comply with City standards and requirements. 27. The Developer shall provide bus bays and shelters within the Specific Plan. Location and number of bus bays shall be subject to approval of the City and Riverside Transportation Agency (RTA). Additional rights-of-way dedications associated with bus bays shall be provided by the Developer. 28. Necessary improvements have been/will be conditioned based on the project traffic studies and the conceptual phasing plan shown on Harveston Cherry Alternative, Revised Proposed Phasing (8/12"Xl1") 4/23/01. Any substantive rephasing of the development must be approved by the Planning and Public Works Director through a rephasing application. Prior to the issuance of occupancy permits within any phase, all on and offsite improvements as referred to in the Traffic Reports and subsequent addenda along with additional requirements set herein, or as set by conditions on individual tracts, must be constructed and/or bonded as required by the Department of Public Works. R:kS P~Harveston SP~C Docs'~29639-COA.doc 5 29. Ensuing Traffic Reports, analyzing traffic impacts associated with subsequent development stages of Tentative Tract 29639, shall be submitted to identify implementation and timing of the necessary improvements to mitigate cumulative traffic impacts. TRAFFIC MITIGATION MONITORING PROGRAM 30. The Traffic Mitigation Monitoring Program proposes that a traffic study be approved prior to the issuance of first occupancy permit in each additional phases of the development. The intent of the Traffic Mitigation Monitoring Program is not to re-define mitigation responsibility, but rather to assist in the refinement of area improvement needs and the timing of the improvements. The traffic study would: 1) document ambient traffic volumes conditions; 2) estimate trip generation for the particular development phase; and 3) assess traffic conditions with the traffic added by the particular development phase. The exact study area to be addressed in each of the traffic studies should be defined through discussions with the City Traffic Engineer. In general the study area should include the immediate access intersections and roadways, which would serve the new development phase and those critical off-site intersections and roadways that will provide primary access to the new development. Critical intersections / roadways are defined as those facilities that are experiencing high levels of peak period traffic congestion (at the time the traffic study is to be pedormed). The traffic study findings would assist the City in proactively planning for area roadway improvements. DRAINAGE 31. Drainage and flood control facilities shall be provided in accordance with the requirements of the City and/or Riverside County Flood Control and Water Conservation District (RCFC&WCD). 32. Prior to approval of any subsequent development applications, the Developer shall submit the master drainage plan to the City and RCFC&WCD to review the adequacy of the proposed and existing downstream drainage facilities. 33. Drainage facilities within each phase shall be constructed immediately after or concurrently with the completion of the site grading and prior to or concurrently with the initial site development within that phase. 34. All drainage facilities shall be designed to convey 100-year storm flows, subject to the approval of the Department of Public Works and RCFC&WCD, as applicable. 35. The Developer shall construct the proposed on and offsite drainage facility improvements and the interim detention basin provision as recommended in the Specific Plan and Drainage Study documents and/or as directed by the Department of Public Works and RCFC&WCD, as applicable. 36. As required by the Department of Public Works, additional Hydrology and Hydraulic Reports shall be submitted with subsequent tentative maps and/or development applications to study the drainage impacts and analyze necessary measures to mitigate the runoff created as part of the development of this project. 37. The Developer shall accept and properly dispose of all off-site drainage flowing onto or through the site. RAS PXHarveston SPh~C DocsX2963942OA.doc 6 38. The Developer shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing drainage easements. WATER AND SEWER 39. Water and sewer facilities shall be installed in accordance with the requirements and specifications of the City, Rancho California Water District (RCWD), and Eastern Municipal Water District (EMWD). Such requirements shall be applied at the subdivision or plot plan stages of the development. 40. Prior to the approval of subsequent development applications, the Developer shall submit the master water plan to RCWD to check for adequacy of the proposed water facilities. The Developer shall obtain written approval for the water system from RCWD. 41. Prior to the approval of subsequent development applications, the Developer shall submit the master sewer plan to EMWD to check for adequacy of the proposed sewer facilities. The Developer shall obtain written approval for the sewer system from EMWD. GRADING 42. No grading shall be permitted for any development area prior to tentative map or plot plan approval and issuance of grading permits for the specific area of development. 43. Grading plans and operations shall be in accordance with the California Building Code, City Grading Standards, the recommendations contained in the Geotechnical Report, or any subsequent reports prepared for the project, the conditions of the grading permit, and accepted grading construction practices and the recommendations and standards specified in the Specific Plan and Environmental Impact Report (EIR) document. 44. Prior to issuance of any grading permit, erosion control plans shall be prepared in conformance with applicable City Standards and subject to approval by the Department of Public Works. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements. 45. The Developer shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit regulated by the State Water Resources Control Board, and the Storm Water Pollution Prevention Plan (SWPPP) implemented by the San Diego Regional Water Quality Control Board. 46. Each subsequent application for a phase of development shall include a conceptual grading plan to indicate at a minimum: a. Preliminary quantity estimates for grading. b. Techniques and methods which will be used to prevent erosion and sedimentation during and after the grading process in compliance with the City Standards and NPDES requirements. c. Preliminary pad and roadway elevations. d. Designation of the borrow or stockpile site location for import/export material. R:\S ~Harveston SP~PC Docs\29639-COA.doc 7 e. Approximate time frames for development including the identification of areas which will be graded during the rainy months. f. Temporary and permanent storm drain systems to safely convey storm flows through the site and prevent damage to adjacent property. 47. Major grading activities shall be scheduled during the dry season wherever possible, or as otherwise approved by the Department of Public Works. 48. Soils stabilization, which may include revegetation of graded areas, shall occur within 30 days of completion of grading activities as directed by the Department of Public Works. 49. The site shall be watered during grading operations to control dust. 50. Temporary drainage and sediment control devices shall be installed as directed by the Department of Public Works. 51. An import/export route shall be submitted to the Department of Public Works prior to issuance of any grading permit. The plan shall include limitation to the duration of the grading operation and construction activities, a Traffic Control Plan, and a daily time schedule of operations. 52. Prior to issuance of any grading permit, a soils reports shall be submitted to the Department of Public Works for review and approval, to address engineering, geologic, seismic, and soils engineering concerns for each tentative map or commercial parcel map for each phase of proposed development. 53. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of public Works with the initial grading plan check. The report shall address special study zones and identify any geotechnical hazards for the site including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. 54. All public streets shall be maintained and cleaned if necessary on a daily basis during grading operation and construction activities. Cash deposit, letter of credit or posting of bond to guarantee maintenance of all public rights-of-way affected by the grading operations and construction activities, shall be posted prior to issuance of grading permits. 55. If subsequent Geotechnical and Soils Reports determine that dewatering of the site is necessary during construction, necessary permits (ie. in compliance with NPDES permit) shall be obtained from appropriate agencies prior to approval of the grading plans. PHASING 56. Construction of the development permitted by Tentative Tract 29639, including recordation of final subdivision maps, may be carried out in stages provided that, adequate vehicular access is constructed for all dwelling units in each stage of development and further provided that such development conforms substantially with the intent and purpose of the Tentative Tract 29639 Phasing Plan. 57. Development applications shall be submitted for each planning unit in each phase. Total acreage and land uses within each phase shall be substantially in accordance with the specifications of the Specific Plan. R:~S PXHarveston SP~PC Docs~29639-COA.doc 8 58. 59. A fair share program to reimburse the Developer for oversized improvements as specified by the EIR's allocation of fair share responsibility may be established to the satisfaction of the City and developer consistent with any of the methods authorized by the provisions of California Government Code Section 66485 through 66489. PHASE 1 a. CIRCULATION The following improvements shall be completed as part of Phase 1 and prior to first building permit in Phase 2. i. Improve Date Street from Margarita Road to the Major Entry at Date Street (Urban Arterial Highway Standards - 134' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median ii. Improve the Major Entry at Date Street from Date Street to Loop Road (Modified Major Highway Standards - 100' RNV) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) and a 14 foot wide raised landscaped median iii. Improve the Loop Road from Major Entry at Date Street to the School Site (Modified Collector Road Standards - 66' RNV) to include dedication of full-width right-of-way, installation of full- width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) iv. Improve northbound Margarita Road from Santa Gertrudis Creek to the southerly boundary of Tract Map No. 21340 (Arterial Highway Standards - 110' RNV) to include installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median. b. CIRCULATION The following improvements shall be completed prior to the first occupancy permit in Phase 1 i. Improve the Loop Road from the Major Entry at Margarita Road to the westerly boundary of Planning Area 5 (Modified Collector Road Standards - 66' RNV) to include dedication of full-width right- of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) R:~S P~larveston SI~?C Docs~29639-COA.doc 9 (1) Provide an Eastbound Free Right Turn Lane from the Loop Road onto the Major Entry at Margarita Road ii. Improve Southbound Margarita Road from Santa Gertrudis Creek to Date Street (Arterial Highway Standards - 110' R/VV) to include dedication of half-width street right-of-way, installation of half- width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median. iii. Improve the Major Entry at Margarita Road from Margarita Road to Loop Road (Modified Street Section per the Specific Plan - 106' R/W) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 20 foot wide raised landscaped median iv. Improve the Minor Entry at Margarita Road from Margarita Road to Loop Road (Modified Street Section per the Specific Plan - 82' R/W) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) v. Improve the Village Center Road from the Loop Road to the Major Entry at Margarita Road (Modified Street Section per the Specific Plan - 63' RAN) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) The following improvements shall be completed prior to the first occupancy permit in Phase 1 of the Service Commercial area: vi. Improve Ynez Road from the southerly Specific Plan boundary to Date (Arterial Highway Standards - 110' R/W) to include dedication of half-width street right-of-way, installation of half- width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median. vii. On or before January 1, 2003 the Developer shall reserve for the City's use or commitment to use the same for freeway intemhange and/or freeway-related traffic circulation purposes, a component of real property that is: (i) approximately twenty (20) contiguous acres in area; (ii) identified and defined by the City Engineer of City of Temecula; R:~S PXHarveston SPXPC Docs~9639-COA.dcc 10 reserved for a twenty (20) year period for the purpose of offering a permanent dedication for freeway related purposes to the City of Temecula if and when the City represents to Developer that a freeway interchange is to be constructed on the burdened property. Any portion of the Reserved real property shall be released from the reservation at the time the City determines such real property is not necessary for the freeway improvements. "Reservation" shall mean the Owner an/or Developer of the subject real property shall not improve the real property but shall instead maintain the property in a non-nuisance condition and in an undeveloped/unimproved state during the term of the Reservation. The Owner or Developer shall submit an enforceable written instrument so burdening the subject real properly for the review and approval of the City Attorney and Director of Public Works prior to, and have the same approved, in such time so as to allow the Reservation to be enforceable on or before January 1,2003. OFFSITE CIRCULATION Prior to issuance of 326t" occupancy permit for the Phase 1 Residential and more than 8 acres of Phase 1 Service Commercial development (Southern portion of Planning Area 12), the developer(s) shall implement the improvements for the following, subject to reimbursement as provided in Condition 58 above unless waived as provided in Condition 10 above: i. Improve the intersection of Winchester Road at Ynez Road 1. Add Eastbound Through Lane 2. Add Southbound Right Turn Overlap Phase 3. Modify Signal to Provide Northbound Right Turn Overlap Phase ii. Improve the intersection of Winchester Road at Margarita Road 1. Add Right Turn Lane and Modify Signal to Provide Southbound Right Turn Overlap Phase 2. Add Eastbound Left Turn Lane (Dual Left) TRAFFIC SIGNALS Prior to the first occupancy permit or as warranted, the developer shall install a traffic signal with conduits for future interconnect at the following intersections: 2. 3. 4. Margarita Road and Major Entry at Margarita Road Major Entry at Margarita Road and Loop Road Margarita Road and Date Street Date Street and Major Entry at Date Street R:~S l~larveston SPXFC Docsk29639-COA.doc 11 5. Modify the existing traffic signal at the intersection of Margarita Road and Rustic Glen Drive DRAINAGE i. Construct backbone channel and/or drainage facilities and all associated improvements per Riverside County Flood Control and Water Conservation District and the City of Temecula standards WATER AND SEWER i. Install water mains per Rancho California Water District requirements and sewer mains per Eastern Municipal Water District requirements PHASE2 a. CIRCULATION The following improvements shall be completed as part of Phase 2 and prior to first building permit in Phase 3. i. Improve Date Street from the Major Entry at Date Street to the Loop Road west of Ynez Road (Urban Arterial Highway Standards - 134' R.NV) to include dedication of full-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median ii. iii. 1. Provide Eastbound Right Turn Lane onto Ynez Road per EIR iD. No. 32 2. Provide Westbound Right Turn Lane onto Ynez Road per EIR ID. No. 32 Improve the Loop Road from Major Entry at Date Street to the westerly boundary of Planning Area 5 (Modified Collector Road Standards - 66' RAN) to include dedication of full-width right-of- way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) Improve Ynez Road from the south tract boundary to the north tract boundary (Arterial Highway Standards - 110' PAN) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer)and a 14 foot wide raised landscaped median. 1. Provide Southbound Right Turn Lane onto Date Street per EIR iD. No. 37 2. Provide Northbound Right Turn Lane onto Date Street per EIR ID. No. 37 R:\S PXHarveston SP~PC Docs\29639-COA.doc 12 iv On or before January 1, 2003 the Developer shall reserve for the City's use or commitment to use the same for freeway interchange and/or freeway-related traffic circulation purposes, a component of real property that is: (a) approximately twenty (20) contiguous acres in area; (b) identified and defined by the City Engineer of City of Temecula; (c) reserved for a twenty (20) year period for the purpose of offering a permanent dedication for freeway related purposes to the City of Temecula if and when the City represents to Developer that a freeway interchange is to be constructed on the burdened property. Any portion of the Reserved real property shall be released from the reservation at the time the City determines such real property is not necessary for the freeway improvements. "Reservation" shall mean the Owner an/or Developer of the subject real property shall not improve the real property but shall instead maintain the property in a non-nuisance condition and in an undeveloped/unimproved state during the term of the Reservation. The Owner or Developer shall submit an enforceable written instrument so burdening the subject real property for the review and approval of the City Attorney and Director of Public Works prior to, and have the same approved, in such time so as to allow the Reservation to be enforceable on or before January 1, 2003. Improve Equity Drive from County Center Drive to the new Ynez Road (Modified Principal Collector Road Standards - 78' RNV) to include to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) OFFSITE CIRCULATION Prior to the issuance of occupancy permits for the Phase II build-out of Residential (i.e., beyond 476 single family units and 346 multi-family units) and Service Commercial (i.e., beyond 8,000 square feet), the developer(s) shall improve the intersections below, subject to reimbursement as provided in Condition 58 above unless waived as provided in Condition 10 above: i. Winchester Road at Jefferson Avenue 1, Add Eastbound Right Turn Lane 2. Add a Southbound Left Turn Lane (Dual Left) R:~SP~-larveston Sl~Docs~9639-COA.doc 13 ii. iii. iV. vi. vii. 3. Convert Southbound Right Turn Lane to Shared Through and Right Turn Lane 4. Add Northbound Right Turn Lane (Dual Right) Winchester Road at 1-15 Southbound Ramp 1. Add Eastbound Right Turn Lane 2. Add Southbound dedicated Left Turn Lane (Dual Left) and Widen Off Ramp to Accommodate the Added Lane Winchester Road at Ynez Road 1. Add Eastbound Left Turn Lane (Dual Left) 2. Add Eastbound Through Lane 3. Add Northbound Left Turn Lane (Triple Left) 4. Modify Signal to Provide Northbound Right Turn Overlap Phase 5. Split Northbound and Southbound Signal Phases 6. Add Westbound Through Lane 7. Add Southbound Shared Through and Right Turn Lane (300' Minimum) Overland Drive at Jefferson Avenue 1. Modify Signal to Provide Westbound Right Turn Overlap Phase 2. Modify Signal to Provide Northbound Right Turn Overlap Phase 3. Split Northbound and Southbound Signal Phases 4. Add Eastbound Right Turn Lane Overland Drive at Ynez Road 1. Add Westbound Right Turn Lane 2. Modify Westbound Shared Through and Right Turn Lane to Through Lane 3. Modify Signal to Provide Westbound Right Turn Overlap Phase 4. Modify Signal to Provide Southbound Right Turn Overlap Phase Overland Drive at Margarita Road 1. Modify Northbound Through Lane to Shared Through and Left Turn Lane 2. Split Northbound and Southbound Signal Phases Winchester Road at 1-15 Northbound Ramp 1. Add Westbound right turn lane (Dual right) R:~S P~Harveston SP~C Docs~29639-COA.doc CITY OF MURRIETA CIRCULATION A fair-share contribution shall be made to the City of Murrieta prior to the first occupancy permit in Phase 2 to improve the intersection of: i. Murrieta Hot Springs Road at Jefferson Avenue 1. Add Westbound Left Turn Lane (Dual Left) 2. Channetize Northbound Right Turn Lane to Allow Free Right Turn Movement ii. Murrieta Hot Springs Road at Alta Murrieta Drive 1. Add Westbound Right Turn Lane 2. Modify Westbound Shared Through and Right Turn Lane to Right Turn Only Lane iii. Murrieta Hot Springs Road at Margarita Road 1. Modify Eastbound Through Lane to Shared Through Lane/Right Turn Lane 2. Modify Northbound Through Lane to Shared Through Lane/Left Turn Lane TRAFFIC SIGNALS i. Prior to the first occupancy permit, or as warranted, the developer shall install a traffic signal with conduits for future interconnect at the following intersections: 1. Date Street and Major Entry at Date Street DRAINAGE i. Construct backbone channel and/or drainage facilities and all associated improvements per Riverside County Flood Control and Water Conservation District and the City of Temecula requirements. WATER AND SEWER Install water mains per Rancho California Water District requirements and sewer mains per Eastern Municipal Water District requirements: PHASE3 a. CIRCULATION The following improvements shall be completed as part of Phase 3 i. Improve Date Street from the Loop Road west of Ynez Road to west tract boundary (Urban Arterial Highway Standards - 134' R/W) to include dedication of full-width street right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and R:~S P~Harveston SP~PC Docs~29639-COA.doc 15 ii. striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median 1. Provide Eastbound Right Turn Lane onto Ynez Road per EIR ID. No. 32 2. Provide Westbound Right Turn Lane onto Ynez Road per EIR iD. No. 32 On or before January 1, 2003 the Developer shall reserve for the City's use or commitment to use the same for freeway interchange and/or freeway-related traffic circulation purposes, a component of real property that is: (a) approximately twenty (20) contiguous acres in area; (b) identified and defined by the City Engineer of City of Temecula; reserved for a twenty (20) year period for the purpose of offering a permanent dedication for freeway related purposes to the City of Temecula if and when the City represents to Developer that a freeway interchange is to be constructed on the burdened property. Any portion of the Reserved real property shall be released from the reservation at the time the City determines such real property is not necessary for the freeway improvements. "Reservation" shall mean the Owner an/or Developer of the subject real property shall not improve the real property but shall instead maintain the property in a non-nuisance condition and in an undeveloped/unimproved state during the term of the Reservation. The Owner or Developer shall submit an enforceable written instrument so burdening the subject real property for the review and approval of the City Attorney and Director of Public Works prior to, and have the same approved, in such time so as to allow the Reservation to be enforceable on or before January 1,2003. TRAFFIC SIGNALS Prior to the first occupancy permit in Phase 3 or as warranted, the developer shall install a traffic signal with conduits for future interconnect at the following intersection: 1. Date Street and Ynez Road DRAINAGE i. Construct backbone channel and/or drainage facilities and all associated improvements per Riverside County Flood Control and Water Conservation District and the City of Temecula requirements. R:~S PXHarveston SPxPC Docs~29639-COA.doc 16 WATER AND SERVER i. Install water mains per Rancho California Water District requirements and sewer mains per Eastern Municipal Water District requirements. COMMUNITY SERVICES DEPARTMENT General Requirements: 60. If any of the following conditions of approval differ from the Specific Plan text or exhibits, the conditions enumerated herein shall take precedent. 61. The current park dedication requirement (Quimby) shall be satisfied with the 16.5 acre community park (Lot 53), the existing Winchester Creek Park and the HCA owned and maintained recreational areas identified in the Harveston Specific Plan including the 6.9 acre Lake Park (Lots 33, 34 and 37), the 1.8 acre Village Green (Lot 35), the 2 acre Village Club (Lot 36) and the mini parks totaling 1.5 acres. 62. The actual design of the 16.5 acre community park (Lot 53) shall be in substantial conformance with the conceptual designs and guidelines identified within the Specific Plan. Prior to submittal of construction plans, the developer shall meet with the Director of Community Services to determine the location and specifications of the park amenities to be provided on site. Construction plans and specifications must be approved by the Director of Community Services. 63. All park and slope/landscape plans submitted for consideration shall be in conformance with the City of Temecula Landscape and Irrigation Specifications and Installation Details and the Park Land and Landscape Dedication Process. 64. The design of the community park (Lot 53) shall provide for pedestrian circulation and access for the disabled throughout the park. 65. Construction of the 16.5 acre community park site and proposed TCSD landscape maintenance areas shall commence pursuant to a pre-job meeting with the developer and TCSD Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance programs. 66. The developer, the developer's successor or assignee, shall be responsible for all maintenance of the park sites and slopes/landscaping areas until such time as those responsibilities are accepted by the TCSD. 67. The 16.5 acre community park shall be improved and dedicated to the City free and clear of any liens, assessment fees, or easements that would preclude the City from utilizing the property for public purposes. A policy of title insurance and a soils assessment report shall also be provided with the conveyance of the property. 68. All perimeter slope/landscape areas adjacent to roadways with a 66 foot right of way or larger adjacent to single family residential development shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City standards and completion of the application process. All other landscape areas, entry monumentation, signage, pedestrian portals, bus shelters R:~S PXHarveston S~PC Docs~9639-COA.dcc and walls shall be maintained by the Homeowners Association (HOA), private maintenance association or property owner. 69. A ten (10) foot wide multi-use trail will be constructed around the Lake Park (Lots 33, 34 and 37). An 8' paseo will be constructed within the Pasco Park (Lot 31) and along the outside of the Loop Road. 70. The developer shall dedicate a fifteen (15) foot easement for a multi-use trail along the northerly edge of Lot 47, 48 and 49 between 1-15 and Ynez Road. 71. Class II bicycle lanes will be included on both sides of Ynez Road, Date Street (within the project area), the Loop Road and the three entrance roads, and the adjacent portions of Margarita Road and Date Street (bordering the County line). Class II bike lanes shall be constructed in concurrence with the street improvements. 72. The developer is entitled to receive a credit against the park component of the City's Development Impact Fee (DIF) based upon the actual cost of improving the community park (Lot 53). The fee/credit issue shall be addressed pursuant to the execution of a Development Agreement or a Park Improvement Agreement between the applicant and the City prior to approval of the final map. 73. The 16.5-acre community park in Planning Area I shall be constructed, including the 90-day maintenance and establishment period, and the conveyance accepted by the City Council prior to the issuance of the first residential building permit in Phase 2 (excluding models). Notwithstanding the foregoing, if the completion of the 16.5 acre Community Park is delayed because the final and permanent alignment of Ynez Road has not been determined which prevents the designation of the boundaries of the subject park, the City may, in the reasonable discretion of the City Manager and which shall not be unreasonably withheld, continue to issue building permits during the term of such uncertainty. The City Manager may require, and the Owner or Developer shall provide, the provision of notice to potential purchasers of the scope of improvements intended to occur within the subject park, including, but not limited to, lighted athletic fields. Notice, as required by the City Manager, may include, but is not limited to, signage (both on and off the anticipated park site), letters, displays or handbills. Prior to Approval of the Final Map: 74. The developer, or his assignee, shall offer for dedication, enter into an agreement and post security with the TCSD to improve the proposed parkland located in Planning Area 1 in accordance with the City standards, prior to the approval of the respective final map. 75. AIl areas intended for dedication to the TCSD for maintenance shall be identified on each final map by numbered lots and indexed to identify said lots numbers as a proposed TCSD maintenance areas. 76. All TCSD slope/landscaping maintenance easements shall be offered for dedication on each final map. R:~S P~Harveston SP~FC Docs~29639-COA.doc 18 77. Construction drawings for all landscape medians and proposed TCSD slope/landscape maintenance areas shall be reviewed and approved by the Director of Community Services prior to the approval of each final map. 78. The subdivider shall post security and enter into an agreement to improve all landscape medians and proposed TCSD maintenance areas prior to the approval of each final map. 79. The developer shall file a notice of intention with the Temecula Community Services District to initiate election proceedings for acceptance of residential street lights and perimeter slope/landscape into the TCSD maintenance program prior to approval of each final map. All costs associated with this process shall be borne by the developer. Prior to Issuance of Building Permits: 80. Prior to the installation of street lights or issuance of building permits, whichever comes first, the developer shall file an application and pay the appropriate fees to the TCSD for the dedication of arterial and residential street lights into the appropriate TCSD maintenance program. Prior to Issuance of Certificates of Occupancy: 81. Prior to the issuance of the first certificate of occupancy within each phase map, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. 82. It shall be the developer's responsibility to provide written disclosure of the existence or TCSD and its service level rates and charges to all prospective purchasers. FIRE DEPARTMENT 83. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 84. The Fire Prevention Bureau is required to set a minimum fire flow for residential land division per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20- PSI residual operating pressure with a 2-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) 85. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall R:\S I~,Harveston SP~IK2 Docs\29639-COA.doc 19 86. 87. 88. 89. 90. 91. 92. 93. 94. be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2,903.4.2, and Appendix Ill-B) The Fire Prevention Bureau is required to set a minimum fire flow for commercial land division per CFC Appendix Ill-A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 4000 GPM at 20- PSI residual operating pressure with a 4 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-1. Super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet from any point on ~he street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix Ill-B) Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-de-sac shall be thirty-seven (37) feet for residential and forty-five (45) feet for commercial. (CFC 902.2.2.3, CFC 902.2.2.4) If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2) Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) Fire Department vehicle access roads shall have a clear paved section of thirty- six (36) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) Private roads and alleys may be as narrow as 20 feet unobstructed travel width, not including any parking with Fire Prevention approval on a map by map basis. On this map these are approved where homes also face a public road. Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (160) feet which have not been completed shall have a R:XS PXHarveston SP'J'C Docs~29639-COA.doc 20 turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) 95. Prior to building construction, this development and any street within serving more than 35 homes or any commercial developments shall have two (2) points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) Where phasing affects planned road connections temporary construction roads may serve as the second point of access. 96. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be: signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1) 97. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) 98. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel. (CFC 902.4) Special Conditions 99. Prior to construction of roads a simple map in an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. OTHER AGENCIES 100. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated August 18, 2000, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 101. The applicant shall comply with the recommendations set forth in the County of Eastern Information Center, U.C. Riverside dated August 9, 2000, a copy of which is attached. 102. The applicant shall comply with the recommendations set forth in the Riverside Transit Agency transmittal dated May 31,2001, a copy of which is attached. R:~S P~Iarveston SPh~C Docs~9639-COA.doe 21 By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant Signature R:\S I>~Harveston SPxFC Dccs\29639-COA.doc 22 DAVID P, ZAPPE General Manager-Chief Engineer City of Temecula Planning Department Post Office Box 9033 Temecula, California 92589-9033 Attention: ~,CITTY A/xr~.~_~· / Ladies and Gentlemen: 1995 MARKET STREET RIVERSIDE, CA 92501 909/955-1200 909/788-9965 FAX 51180.1 The District does not normally recommend conditions for land divisions or other land use cases in incorporated c ties._Th .e.District. also .do.es not ,Dian check_, ci.t!/land use ca.ses or prov!d.e. State Divis. ion of Real Estate lepers or. other hOOD hazard repons TOt sucncases, uis[nct comments/racommenoations for sucn cases are normally fimiteo to items of specific ~nterest to the District including District Master Drainage Plan facilities, other regional flood contre and dra na.~e facil ties which could be considered a logical componen[or extension of a master plan system and District Area urainage Plan fees (development mitigation fees). In addition, information of a general nature s provided. The District has not reviewed the proposed project in detail and the fo!lowing checked comments do not in any way constitute.or !m. ply District approval or endorsement of the proposeD project with respect to flood hazard, public health ann saraty or any other such issue: v,/ This pr.Die.ct would not b.e impacted by District Master Drainage Plan facilities nor are other facilities of regiona~ mmrest proposeD. Th s project involves District Master Plan facilities. The District will accept ownership of such facilities on written request of the City. Facilities must be constructed to District staneards and District plan check and inspection will be required for District acceptance. Plan check, inspection and administrative fees will be required. This pr0je .ct propos,es channels storm .drains. 36 inches or larger, in .dia. meter, or other facilities that could be considered regional in nature and/or a logical extension of the aDopteD Master Drainage Plan. The District woul(] consider accepting ownership ot such tacilit~es on written request of the Cty Fac t es must be constructed, to District standards, and District plan check and inspection will be required for District acceptance. Plan check, inspection and administrative fees will be required. ,/ ,/ This project s ocated with n the limits of the Distfict'.s Dra nage P an for wh ch dm nage fees have been aaopted applicable'tees/Should be paicl by cashier's check or money order only to the Flood Control District prior m issuance of building or gradingpermits, whichever comes first. Fees to be paid should be at the rate in effect at the time of issuance of[he actual permit. GENERAL INFORMATION This project_may require a Nationa Po utant ..D scharge Elimination System (NPDES) permit from the State Water ~Resource.s .uomrol Board. Clearance fo.r graDing, re,cordation or oth,~r nnal .approva/should not be given until the ~ity has neterrnined that the project has aeen granteD a permit or is Shown to De exempt. If this project nv,.olves a Federal Emergen.c.y Management Age, ncy (FE,MA.~ mapped flood plain, then the City should requ re the appficant to provide all stuaies, calculations p~ans ane Diner inTormation required to meet FEMA requirement,s, and sho.uld further require that the applicant obtain a Cond!tional Letter of Map Revision (CLOMR) pdor to graD ng, recorDation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy. If a natu~l watercourse or mapped flood plain is impacted by this project, the City should require the applicant to obtain a ~ection 1601/1603 Agreement from the California Department of Fish and Game and a Clean Water Act Section 404 Permit from the U.S. Army Corps of Eng neers, or wdtten correspondence Tro..m these agencies indicating the project s exempt from these requirements. A Clean water Act Section 401 Water uuality Certification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. Very truly yours, STUART E. MCKIBBIN Senior Civil Engineer Date: r¢3- It~:::~' ~ I~ESOURCES tNFORMATION ~YSTEM JWednesday August 9~ 1900 &:19~ -- From '909 (F~' -- Page 'CALIFORNIA '~ RISTORICAL Eadem I~m'mal~mi ~ Univen;~y ~ R;ve~3~e, CA g25214~,18 Phone (000) Fax (90g) 787~g August 9, 2000 TO: Patty Anders City of Temecula Planning Department RE: Cultural Resource Review Case: PA 00-0295; Lennar Homes Financing Tentative Tract Map A Records at the Eastern Information Center of the California Historical Resources Information System have been reviewed to determine if this project would adversely affect prehistoric or historic cultural resources: The proposed project area has not been surveyed for cultural resources and contains or is adjacent to known cultural resource(s). A Phase I study is recommended. Based upon existing data tl~a proposed project area has the potential for containing cultural resources. A Pha-~e I study is recommended. A Phase I cultural resource study (MF # ) identified one or more cultural resources. The project area contains, or has the possib~ity of containing, cultural resources. However, due to the nature of the project or prior data re~ovew studies, an adverse effect on culturaJ resources is not anticipated. Further study is not recommended. A Phase I cultural resource study IMF ~f991124731266412827) identified no cultural resources. Further study is not recommended. There is a Iow probability of cultural resources. Further study is not recommended, If, during constructioll, cultural resources are encountered, work should be halted or dive,tad in the w immediate area while a qualified archaeologist evaluates the finds and makes recommendations. I/ Due to the archaeological sensitivity of the area, aarthmoving during construction should be monitored by a professional archaeologist. The submiss on of a cultural resource management report is recommended following guidelines for -- Archaeological Resource Management Reports prepared by the Ca fornia Office of Historic I~eservadon, Preservation PJanning Bulletin 4(pi, December 1989. Phase I Records search and field survey -- Phase II Tasting [Evaluate resource significance; propose mitigation measures for 'significant' sites.] -- Phase III Mitigation IDsta recovery by excavation, preservation in place, or a combination of the two.] -- Phase IV Monitor earthmoving activities COMMENTS: If you have any questions, please contact us. Eastern Information Center RTA ID:9096841007 May 31,2001 RivsrMde Transit Agency 1825 Third Street P.O. Box 59968 Riverside, CA 92517 Phone:{909) 684-0850 Fax: (909) 684-1007 City of Temccula Planning Department I met recently with Matt Fagan to discuss th~ Harveston Specific Plan. It appears that all attempts have bccn made to design thc project in a transit-frlcndly manner, including thc open-ended clustering ofresidenfial units. Thc mixed-uses in the Village Green Center · are also conducive to transit usage.. We hope to jointly design a pilot program to encourage transit usage and thc usc of other alternatives to the single occupancy vehicle. It would be beneficial for the community to provide transit access to adjacent ar~as, such a~ thc Promenade Mall, middle and high schools and local employment canters. Please continue to keep us posted so we can maximize coordination ofplanning efforts. Thank you for the oppmlunity to commcnl on this project. Planning Directo~r'-~ ATI'ACHMENT NO 7 DRAFT RESOLUTION APPROVING 'i-I'M 29928 (PLANNING APPLICATION NO. 01-0030) R:\S l~Harveston SPXCity CounciI\STAFFRPT 8-14-Ol.doc 13 Attachment No. 7 RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01-0030 - TENTATIVE TRACT MAP NO. 29928, THE SUBDIVISION OF APPROXIMATELY 40 ACRES INTO 140 RESIDENTIAL LOTS AND 21 OPEN SPACE LOTS IN PLANNING AREA 7 OF THE HARVESTON SPECIFIC PLAN; LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 911-180-003, 911-180-004, 911-640- 001 AND 911-630-003 WHEREAS, Lennar Communities filed Planning Application No. PA 01-0030 (Tentative Tract Map 29928), (the "Application") in a manner in accord with the City of Temecula General Plan, Development Code and Subdivision Ordinance; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on June 20, 2001, and July 12, 2001 at duly noticed public hearings as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, the City Council considered the Application on July 24, 2001 and August 14, 2001, 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 opposition to this matter; WHEREAS, at the conclusion of the Council hearing and after due consideration of the testimony, the Council approved of the Application, and certified the Environmental Impact Report and adopted the Mitigation Monitoring Program after finding that the project proposed in the Application conformed to the City of Temecula General Plan; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. R:XS P~Harveston SPxCity CouncilL29928--CC RESO.doc 1 Section 2. Findinqs. That the City Council, in approving the Application, hereby makes the following findings as required in Section 16.09.140 of the Temecula Municipal Code. A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, any applicable specific plan and the City of Temecula Municipal Code; B. The proposed subdivision map is consistent with the subject specific plan and related General Plan Amendment. C. The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use; D. The site is physically suitable for the type and proposed density of development proposed by the tentative map; E. The design of the subdivisions and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat as no sensitive species or habitant exist within the project boundaries; F. An environmental impact report has been prepared and a finding has been made, pursuant to Public Resources Code Section 21081(a) (3), finding that specific economic, social, or other considerations make infeasible mitigation measures or project alternatives identified in the environmental impact report; G. The design of the subdivisions and the type of improvements are not likely to cause serious public health problems; H. The design of the subdivisions provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; I. The design of the subdivisions and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. J. The subdivisions are consistent with the City's parkland dedication requirements (Quimby). Section 3. Environmental Compliance. Residential projects approved under a Specific Plan are exempt from further environmental review pursuant to Section 15182 of the California Environmental Quality Act Guidelines. All environmental impacts were previously identified and in the Final Environmental Impact Report (FEIR) and Mitigation Monitoring Program in order to approve the project. R:\S PXHarveston SPXCity Counci1~29928--CC RESO.doc 2 Section 4. Conditions. The City Council of the City of Temecula approves Planning Application No. PA 01-0030 (Tentative Tract Map 29928), the subdivision of approximately 40 acres into 140 residential lots and 21 open space lots in Planning Area 7, located within the Harveston Specific Plan, subject to the project specific conditions set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all other necessary conditions that may be deemed necessary, for the property located east of Interstate 15, north or Santa Gertrudis Creek, west of Margarita Road and south or the northern City limit, and further identified as Assessor Parcel Nos. 911-180-003, 911-180-004, 911-640-001 and 911-630-003. Section 5. PASSED, APPROVED AND ADOPTED this 14th day of August, 2001. ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 2001- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 14th of August, 2001, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: OUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk R:~S P~Harveston SP~City Counci1\29928--CC RESO.doc 3 EXHIBIT A CONDITIONS OF APPROVAL FOR 'l-tM 29928 R:',S PXHarveston SPXCity Councilk29928--CC RCa,SO.doc 4 EXHIBIT A (Attachment No. 7) CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No.: PA01- 0030 (Tentative Tract Map No. 29928) Project Description: The subdivision of approximately 40 acres into 140 residential lots and 21 open space lots in Planning Area 7, located within the Harveston Specific Plan. Assessor's Parcel Nos.: 911-180-003, 911-180-004, 911-640-001, and 911-630-003. Approval Date: Expiration Date: August 14, 2001 August 14, 2003 PLANNING DIVISION General Requirements The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Temecula Subdivision Ordinance, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and ail claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. Should the applicant fail to timely post the required deposit, the Director may terminate the land use approval without further notice to the applicant. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 13, the Harveston Specific Plan. R:\S P~Harveston S~PC Docs\29928 COA,doc 1 The project and all subsequent projects within this site shall comply with all mitigation measures identified within the Final Environmental impact Report for the Harveston Specific Plan, and the approved Mitigation Monitoring Program thereof. Within thirty (30) days of the final approval of the project by the City Council, the map shall be submitted to the Planning Department in final form for review and approval. The final form shall include all conditions of approval and all modifications made by the Planning Commission and City Council. The Developer shall disclose to all home buyers that Date Street is planned to be a six (6) lane urban arterial roadway and will include a freeway interchange pursuant to the City of Temecula General Plan Circulation Element. The approval granted by this Resolution shall become effective upon the Effective Date of the Development Agreement, as the term Effective Date is defined in the Development Agreement adopted concurrently with this Resolution. Notwithstanding any of the conditions contained herein, the Developer and the City may enter into a development agreement, pursuant to Government Code Section 65864 through 65869.5 or other agreement(s) requiring the Developer to: 1) advance the funding or construction of public improvements; 2) redefine the scope of any public improvement; 3) acquire or fund the acquisition of land for public purposes; and 4) waive any right to reimbursement for facilities or the dedication of land. Further, notwithstanding any of the conditions contained herein, Developer may seek an agreement for reimbursement for any improvements or facilities that qualify for reimbursement at such time as the City of Temecula adopts an ordinance for such reimbursement pursuant to and consistent with California Government Code Sections 66485 through 66489, inclusive, and further shall waive the same in the event of agreements, consistent with the foregoing, that require or include any or all of the terms set forth immediately above. Prior to Issuance of Grading Permits A copy of the Rough Grading plans shall be submitted and approved by the Planning Division. 10. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. Prior to Recordation of the Final Map 11. The following shall be submitted to and approved by the Planning Division: a. A copy of the Final Map. b. A copy of the Environmental Constraint Sheet (ECS) with the following notes: 1) This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. R:~S PxHarveston SPXPC Docs~29928-COA.doc 2 2) The Harveston Environmental Impact Report (EIR) was prepared for this project and is on file at the City of Temecula Community Development Department - Planning Division. c. A copy of the Covenants, Conditions, and Restrictions (CC&R's) 1) CC&R's shall be reviewed and approved by the Planning Director. The CC&R's shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings and all landscaped and open areas including parkways. 2) No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the city prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 3) Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. Prior to Issuance of Building Permits 12. The applicant shall conduct an acoustical study to ensure acceptable interior and exterior noise standards pursuant to the General Plan noise levels for residential and commercial structures. All recommend construction techniques, improvements and/or walls recommended in the acoustical report shall be incorporated into the construction of the structures and subdivision. 13. The following shall be submitted to and approved by the Planning Division: Three (3) copies of Construction Landscaping and Irrigation Plans. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Landscaping Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: 1) Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). 2) One (1) copy of the approved grading plan. R:',S l~tarves[on SPh~C DocsW.9928*COA.doc 3 3) Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), 4) Automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from the view of the public from streets and adjacent property for: Front yards and slopes within individual Pots prior to issuance of occupancy permits for any lot(s). b. Private common areas prior to issuance of occupancy permits. All landscaping excluding Temecula Community Services District (TCSD) maintained areas and front yard landscaping which shall include, but may not be limited to private slopes and common areas. All street frontage of school sites along General Plan and Specific Plan designated roadways. Wall and Fence Plans consistent with the Harveston Specific Plan and the Conceptual Landscape. Precise Grading Plans consistent with the approved rough grading plans including all structural setback measurements. 14. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Manager approval. Prior to Issuance of Occupancy Permits 15. If deemed necessary by the Director of Planning. the applicant shall provide additional landscaping to effectively screen various components of the project. 16. All required landscape planting and irrigation shall be installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning, The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order, 17. Front yard and slope landscaping within individual lots shall be completed for inspection prior to issuance of each occupancy permit (excluding model home complex structures). 18. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. R:\S ~Harveston SPXPC Docs\29928~2OA.doc 4 PUBLIC WORKS DEPARTMENT The Department of Public Works recommends the following Conditions of Approval for this project. Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any Government Agency. General Requirements 19. It is understood that the Developer correctly shows on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 20. A Grading Permit for either rough or precise grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. 21. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 22. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Approval of the Final Map, unless other timing is indicated, the Developer shall complete the following or have plans submitted and approved, subdivision improvement agreements executed and securities posted: 23. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies; a. San Diego Regional Water Quality Control Board b. Rancho California Water District c. Eastern Municipal Water District d. Riverside County Flood Control and Water Conservation District e. City of Temecula Fire Prevention Bureau f. Planning Department g. Department of Public Works h. Riverside County Health Department i. Cable TV Franchise j. Community Services District R:X.S PXHarveston SPXPC D~x:sX29928-COA.doc 5 24. 25. General Telephone Southern California Edison Company m. Southern California Gas Company The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: Improve Street "B" (Modified Street Section per the Specific Plan - 100' RNV) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), raised landscaped median. Improve Harveston School Drive - (Modified Street Section per the Specific Plan - 82' RRV) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). Improve Harveston Drive - (Modified Street Section per the Specific Plan - 66' R/W) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). Improve Streets "HH", "11", "JJ", and "KK" - (Modified Street Section per the Specific Plan - 66' R/W) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). Improve Streets "LL", "MM", "NN", "OO", "PP", "QQ", "RR", "SS", 'q-r", and "UU" (Modified Street Section per the Specific Plan - 56' RNV) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. A School Zone signing and striping plan, per Caltrans standards, shall be designed by a registered Civil Engineer for the school site within this project and included with the street improvement plans for the project. Design shall also include a warrant analysis for a flashing yellow beacon and if warrants are met, shall be installed by the Developer. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: R:% FM-larveston SPYPC Dccs~9928-COA.doc 6 a. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City Standard Nos. 207, 207A and/or 208. Streetlights shall be installed along the public streets and shall be designed in accordance with Specific Plan Standards. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401 or as modified in the Specific Plan to 5' width. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. f. Minimum centerline radii shall be in accordance with City Standard No. 113. g. All reverse curves shall include a 100-foot minimum tangent section. h. All street and driveway centerline intersections shall be at 90 degrees. All units shall be provided with zero clearance garage doors and garage door openers if the driveway is less than 18 feet in depth from back of sidewalk. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. All utilities, except electrical lines rated 33ky or greater, shall be installed underground 26. A construction area Traffic Control Plan shall be designed by a registered Civil Engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. 27. Relinquish and waive right of access to and from Margarita Road, Harveston School Road and Harveston Drive on the Final Map with the exception of any opening(s) as delineated on the approved Tentative Tract Map. 28. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805. 29. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. R:~S PXHarveston SP~PC DocsX29928-COA.doc 7 30. Any delinquent property taxes shall be paid. 31. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Final Map to delineate identified environmental concerns and shall be recorded with the map. A copy of the ECS shall be transmitted to the Planning Department for review and approval. 32. The Developer shall comply with all constraints, which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 33. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit shall be installed to cable TV Standards at time of street improvements. 34. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works in consultation with RTA and the Developer. 35. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. 36. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 37. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating, "drainage easements shall be kept free of buildings and obstructions." Prior to Issuance of Grading Permits 38. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Planning Department d. Department of Public Works 39. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of Temecula standards and approved by the Department of Public Works prior to commencement of any grading. The plan shall incorporate adequate erosion control measures to protect the site and adjoining properties from damage due to erosion. 40. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall R:\S PXHarveston SP~PC Dccs\29928-COA.doc 8 address all soils conditions of the site, and provide recommendations for the construction of engineered structures and preliminary pavement sections. 41. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of public Works with the initial grading plan check. The report shall address special study zones and identify any geotechnical hazards for the site including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. 42. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the Department of Public Works with the initial grading plan check. The study shall identify storm water runoff quantities expected from the development of this site and upstream of the site. It shall identify all existing or proposed off-site or on-site, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate ouffall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. The basis for analysis and design shaTI be a storm with a recurrence interval of one hundred years. 43. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 44. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 45. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the .full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 46. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties, The letters or easements shall be in a format as directed by the Department of Public Works. 47. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. Prior to Issuance of Building Permits 48. Final Map shall be approved and recorded. 49. A Precise Grading Plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressJng compaction and site conditions. R:~S P~Harveston SPxPC Docs~29928-COA.doc 9 50. Grading of the subject property shall be in accordance with the California Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 51. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06 unless otherwise provided for by a written agreement between the City and the Developer. Prior to Issuance of Certificates of Occupancy 52. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 53. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 54. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 55. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to the construction operations of this project shall be repaired or removed and replaced to the satisfaction of the Director of Public Works. COMMUNITY SERVICES DEPARTMENT The Temecula Community Services District (TCSD) has reviewed Tentative Tract Map No. 29928 and provides the following conditions of approval: General Requirements 56. All slope/landscape plans submitted for consideration for TCSD maintenance shall be in conformance with the City of Temecula Landscape and Irrigation Specifications and Installation Details and Park Land and Landscape Dedication Process. 57. All perimeter slope and parkway landscaping, designated as Temecula Community Services Department (TCSD) maintenance areas, shall be identified and offered for dedication to the TCSD as a maintenance easement on the final map. Underlying ownership of the respective areas shall remain with the individual property owner or the Homeowner's Association. All other landscape areas, open space, entry monumentation, signage, pedestrian portals, bus shelters, fences and walls shall be maintained by the Homeowners Association (HOA), private maintenance association or property owner. R:\S P~Harveston SP~PC Docs~29928-COA.doc l0 58. Construction of the proposed TCSD landscape maintenance areas and landscape medians shall commence pursuant to a pre-construction meeting with the developer and TCSD Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance programs. 59. The developer, the developer's successor or assignee, shall be responsible for all maintenance of the slopes/landscaping areas until such time as those responsibilities are accepted by the TCSD or other responsible party. 60. Class II bicycle lanes on both sides of the Loop Road (Harveston Drive), Harveston School Drive, Street "B", Date Street and Margarita Road shall be identified on the street improvement plans and constructed in concurrence with the completion of said street improvements. ,.. 61. The developer is entitled to receive a credit against the park component of the City's Development Impact Fee (DIF) based upon the actual cost of improving the community park as identified in Planning Area I of the Harveston Specific Plan. The fee/credit issue shall be addressed pursuant to the execution of a Development Agreement or a Park Improvement Agreement between the applicant and the City prior to approval of the final map. Prior to Approval of the Final Map 62. All areas intended for dedication to the TCSD for maintenance shall be identified on the final map by numbered lots with the square footage of said lot numbers indexed as proposed TCSD maintenance areas. 63. All TCSD slope/landscaping maintenance easements shall be offered for dedication on the final map. 64. Landscape construction drawings for all proposed TCSD slope/landscape maintenance areas and landscape medians shall be reviewed and approved by the Director of Community Services. 65. The developer shall post security and enter into an agreement to improve all proposed TCSD maintenance areas and landscape medians. 66. The developer shall file a notice of intention with the Temecula Community Services District to initiate election proceedings for acceptance of residential street lights and perimeter slope/landscape into the respective TCSD maintenance programs. All costs associated with this process shall be borne by the developer. Prior to Issuance of Building Permits 67. Prior to the installation of street lights or issuance of building permits, whichever comes first, the developer shall file an application and pay the appropriate fees to the TCSD for the dedication of arterial and residential street lights into the appropriate TCSD maintenance program. Prior to Issuance of Certificates of Occupancy R:~S l~Harveston SPXPC Docs~29928-COA.doc 11 68. Prior to the issuance of the first certificate of occupancy within each phase map, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. 69. It shall be the developer's responsibility to provide written disclosure of the existence of TCSD and its service level rates and charges to all prospective purchasers. FIRE DEPARTMENT The following are the Fire Department Conditions of Approval for this project. All questions regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau. 70. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 71. The Fire Prevention Bureau is required to set a minimum fire flow for residential land division per CFC Appendix III.A, Table A-Ill-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20-PSI residual operating pressure with a 2-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix m-A) 72. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix 73. The Fire Prevention Bureau is required to set a m~nimum fire flow for commercial land division per CFC Appendix Ill-A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 4000 GPM at 20-PSI residual operating pressure with a 4 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix 74. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-1. Super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix m-B) R:xS P~-larveston SP~C Docs~29928-COA.doc 12 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-de-sac shall be thirty-seven (37) feet for residential and forty-five (45) feet for commercial. (CFC 902.2.2.3, CFC 902.2.2.4) If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 lbs. GV~V. (CFC 8704.2 and 902.2.2.2) Prior to building final, all locations where structures'are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVVV with a minimum AC thickness of .25 feet. (CFC sec 902) Fire Department vehicle access roads shall have a clear paved section of thirty-six (36) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) Private roads and alleys may be as narrow as 20 feet unobstructed travel width, not including any parking with Fire Prevention approval on a map by map basis. On this map these are approved where homes also face a public road. Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) Prior to building construction, this development and any street within serving more than 35 homes or any commercial developments shall have two (2) points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) Where phasing affects planned read connections temporary construction roads may serve as the second point of access. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be: signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1 ) Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) R:\S PXHarveston SP~PC Docs~29928-COA.doc 13 85. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Depadment building access shall be provided with the Knox Rapid entry system for emergency access by firefighting ~ersonnel. (CFC 902.4) Special Conditions 86. Prior to construction of roads a simple map ~n an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. BUILDING AND SAFETY DEPARTMENT 87. All design components shall comply with applicable provisions of the 1998 edition of the California Building, Plumbing and Mechanical Codes; 1998 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 88. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 89. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 90. Obtain all plans checks and permit approvals prior to commencement of any construction work. 91. Obtain street addressing for all proposed buildings prior to submittal for plan review. 92. Disabled access from the public way to the main entrance of any public building is required. The path of travel shall meet the California Disabled Access Regulations in terms of cross slope, travel slope stripping and signage. Provide all details on plans (California Disabled Access Regulations effective April 1, 1998). 93. All public building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998). 94. Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. 95. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 96. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 97. Provide precise grading plan for plan check submittal to check for handicap accessibility. RSS P~Harveston SP~C Docsk29928-COA.doc 14 98. Show all building setbacks 99. Post conspicuously at the entrance to the project the hours of construction as allowed by City of Temecula Ordinance #0-90-04, and specifically Section G (1) of the Riverside County Ordinance # 457.73, for any site within one-quarter mile of an occupied residence. Construction hours are as follows: Monday - Friday Saturday 6:30 a.m. - 6:30 p.m. 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Code Holidays OTHER AGENCIES 100. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated February 25, 2001, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 101. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated February 22, 2001, a copy of which is attached. 102. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated January 25, 2001, a copy of which is attached. 103. The applicant shall comply with the recommendations set forth in the Riverside Transit Agency transmittal dated Ma 31, 2001, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant Signature R:~S PXHarveston SPXPC Docs\29928-COA.doc 15 DAVID P. ZAPPE General Manager-Chief Engineer City of Temecula Planning Department Post Office Box 9033 Temecula, California 92589-9033 Attention: Ladies and Gentlemen: RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995 MARKET STREET RIVERSIDE, CA 92501 909/955-1200 909/788-9965 FAX 51180.1 The District does not normally re~mmend ~nditions for land divisions or other land use cases in inco~orated cities. The Distd~ also do~s not ~lan chec[ ci~ land use ~ses or provide Stat~ Diwsion of Real Estate le~em or other flood?azarg~ repods mr sucn ~ses.` uist~ co~nt~re~m~ndations tot such ~ases are no.ally limite~ to items or specinc interest to the uistdc[ inc~ueing uis[d~ Master urainage Plan mci~ifies, other regional flooo ~ntrol and drainage facilities which could be ~nsidemd a Iogi~l ~m~nentor e~ension of a master p~an system and Distdct ~ea um nage P an fees (deve opment m figat on fees), n add t on, nfo~at on of a genera nature is provided. ~e Distd~ has not reviewed the proposed proje~ in de~il and the follo~ng ~ecked ~mments do not in any ~y constit~e or imply Distri~ approval or endomement of the proposed proje~ with respect to flood h~ard, public health and safe~ or any other such issue: ~ ~is prgject would not be impacted by Distd~ Master Drainage Plan facilities nor are other facilities of regional ~nterest proposed. ~is proje~ involves Distdct Master Plan facilities. ~e Distdct will accept ownership of such futilities on ~iffen request of the Ci~; ~a~liti~s ~ust b~ construed tp D~stdct sta~eards,~n~ Dist~.pla~ check.~pd inspe~ion ~11 be requiree mr uistdm a~eptance. F~an cne~ inspection uno aeministmuve tees Will De requ red. This p~ojeqt proposes channels ~torm ~rain~ 36.inches or ~rger,in ~i~meter or other facilities that ~uld be cons~eeree regiona~ in nature un.or a ~og[~ e~ension of [ne aeoptee Master Drainage Plan. ~e Distdct woul8 ~nsider a~pfing o~emhig ot suc~ ta~liaes on wnEen request of ~e Ci~. Facilities must be constm~ed to Dis~ standard~ and D~sM~ plan che~ and inspe~on ~11 be mqu md for D std~ a~eptan~. P an ch~k, ns~on uno adm n stmfive fees ~ be required. ~is pmje~ is Io~ted ~thin the limi~ of ~e Dis~s ~O~ET~ ~l_~r~ ~~7~" Drainage Plan for which drainage fees have been adopted; applicable tees ~hould be paid ,~y ~shiefs check or money order only to the Flood Control DisM~ pdor m issuance of building or graoing pe~its~ ~ichever ~mes first. Fees to be paid should be at ~e rote in effe~ at the time of issuan~ of[he a~ua~ pe~it. GENE~L INFORMATION ~is proje~ may require a National Pollutant pischarge Elimina~on System (NPDES) pe~it ~om the State Water Resou~s Comrol Board. Clearance for graoing, re~a~on, or other final approva~should not be given until the Ci~ has dete~ined ~at the proje~ has been granted a pe~it or is sho~ to be exempt. . ' If ~is proje~ invplves a Fedem~ Emergen~ Management Ag~n~ (FE~ mapped flood plain then.the Ci~ [~ld require the appli~nt to pmvMe all stueies, ~cu~a~ons, plans uno omer Imo~ation reguired ~o meet ~ requirements and should fuAher requ?e ~hat the ~ppli~nt obtain a Cpnd~ti9gal Le~er o~Map Re~i~gn_(CLOM~) pdor to grading, re~ation or other ~nal approval of the proje~, uno a LeEer of Map ~e~s on {LUMK) pdor to ~panw. If a natural ~ter~urse or mapped flood plain is impaled by this proje~, the Ci~ should require the a~Rli~nt to obtain a Se~ion 1601/1603 Agreement from the California Depa~ment of Fish and Game and a Clean water A~ S~ion 404 Pe~it from the U.S. Army Co~s of ~ngineem, 9r w~en ~ffesponden~ fr~m ~ese ~[engies inei~ng the prgje~ is exempt fro~.these requ~remems. A Clean water A~ Se~on 401 Water uuafi~ C~m.~tion may be required from the Io~1 California Regional Water Quali~ Control Board pdor to issuance of the co~s 404 pe~it. Very truly yours, STUART E. MCKIBBIN Senior Civil Engin..~er Date: COUNTY OF RIVERSIDE · HEAUf ~ SERVICES AGENCY DEPARTMENT OF ENVIRONMENTAL HEALT} Febmary22,2001 City of Temecula Plamfing Department P.O. Box 9033 Temecula, CA 92589-9033 ATTN: Patty Anders, Associate Planner RE: TENTATIVE TRACT MAP NO. RIVERSIDE, STATE OF CALIFORNIA. (1 LOTS) Dear Gentlemen: 2992~ CITY OF TEMECULA, COUNTY OF 1. The Department of Environmental Health has reviewed Tentative Tract Map No. 2992~and recommends: A water system shall be installed according to plans and specifications as approved by the water company and the Environmental Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate, with a minimum scale not less than one-inch equal's 200 feet, along with the original drawing to the City of Temecula. The prints shall show the internal pipe diameter, location of valves and fire hydrants; pipe and joint specifications, and the size of the main at the junction of the new system to the existing system. The plans shall comply in all respects with Div. 5, Part 1, and Chapter 7 of the California Health and Safety Code, California Administrative Code, Title 1 I, Chapter 16, and General Order No. 103 of the Public Utilities Commission of the State of California, when applicable. The plans shall be signed by a registered engineer and water company with the following certification: "I certify that the design of the water system in Tentative Tract Map No. 2992~is in accordance with the water system expansion plans of the Rancho California Water District and that the water services, storage, and distribution system will be adequate to provide water service to such Tract Map". This certification does not constitute a guarantee that it will supply water to such Tract Map at any specific quantities, flows or pressures for fire protection or any other purpose. This certification shall be signed by a responsible official of the water company. The plans must be submitted to the City of Temecula's Office to review at least TWO WEEKS PRIOR to the request for the recordation of the final map. This subdivision has a statement from Rancho California Water District agreeing to serve domestic water to each and every lot in the subdivision on demand providing satisfactory financial arrangements are completed with the subdivider. It will be necessary for financial arrangements to be made PRIOR to the recordation of the final map. Local Enforcement Agency * PO. Box 1280. Riverside. CA 92502-1280 * (909) 955-8982 * FAX (909~ 781-9653 * 4080 Lemon Sheet. 9th Hoot. Riverside. CA 92501 City of Temecula Planning De Page Two Attn: Patty Anders February 22, 2001 This subdivision is within the Eastern Municipal Water District and shall be connected to the sewers of the District. The sewer system shall be installed according to plans and specifications as approved by the District, the City of Temecula and the Environmental Health Department. Permanent prints of the plans of the sewer system shall be submitted in triplicate, along with the original drawing, to the City of Temecula. The prints shall show the internal pipe diameter, location of manholes, complete profiles, pipe and joint specifications and the size of the sewers at the junction of the new system to the existing system. A single plat indicating location of sewer lines and waterlines shall be a portion of the sewage plans and profiles. The plans shall be signed by a registered engineer and the sewer district with the following certification: "I certify that the design of the sewer system in Tentative Tract Map No. 2992.~ is in accordance with the sewer system expansion plans of the Eastern Municipal Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed Tract Map". The plans must be submitted to the City of Temecula's Office to review at least two weeks PRIOR to the request for the recordation of the final map. It will be necessary for financial arrangements to be completely finalized PRIOR to recordation of the final map. It will be necessary for the annexation proceedings to be completely finalized PRIOR to the recordation of the final map. Additional approval from Riverside County Environmental Health Department will be required for all tenants operating a food facility or generating any hazardous waste. Sincerely, Sam Mart~nvironmental Health SM:dr (909) 955-8980 Specialist January 25, 2001 Patty Anders, Case Planner City of Temeeula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY TRACT NO. 29928 HARVESTON SPECIFIC PLAN PLANNING APPLICATION NO. PA01-0030 Dear Ms. Anders: John F. He~nigar General Manager Phillip L. Forbes Director of Finance- E.P. 'W, ob" Lemons Director of Engineering Kenneth C. Deal3' & Maintenance Perry R. Louck Control]er Linda M. Fregoso Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available npon completion of financial arrangements between RCWD and the property owner. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. In our previous correspondence to Debbie Ubnoske dated December 5, 2000, RCWD requested that the developer consider the use of recycled water for the proposed pond to be located in this development and for any other appropriate uses. We request that the developer discuss these requirements with RCWD staff. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager 0 IXSB:at030W012-TIWCF RTA ID:9096841007 MgY $1'01 9:14 No.O01P.02 May 31, 2001 i ~' ~ Riverside Transit Agancy 1825 Third Street P.O. Sox 59968 Riverside, CA 92517 Phone;(gOg) &84-0850 Fa~ (90g) 884-1007 City of Tcmccula Planning Department I met recently with Matt Fagan to discuss the Harveston Specific Plan. It appears that all attempts have been made to design the project in a transit-friendly maturer, including the open-ended clustering ofresidentlal units. Thc mixed-uses in the Village Green Center · are also conducive to transit u~age.. We hope to jointly design a pilot program to encourage transit usage and thc usc of other alternatives to the single occupancy vehicle. It would be beneficial for the community to provide transit access to adjacent areas, such as thc Promenade Mall, middle and high schools and local en~ployment centers. Please continue to keep us posted so we can maximize coordination of planning efforts. Thank you for the opportunity to comment on this project. A'I-I'ACHMENT NO 8 DRAFT RESOLUTION APPROVING 'l-rM 29929 (PLANNING APPLICATION NO. 01-0031) R:\S I~Harveston SP~City CounciI\STAFFRPT 8-14-01.doc Attachment No. 8 RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01-0031 - TENTATIVE TRACT MAP NO. 29929, THE SUBDIVISION OF APPROXIMATELY 20 ACRES INTO 118 RESIDENTIAL LOTS AND 3 OPEN SPACE LOTS IN A PORTION OF PLANNING AREAS 3 AND 4 OF THE HARVESTON SPECIFIC PLAN; LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 910-261- 001, 910-261-002, 911-180-002, 911-180-003, 911-180-004 AND 911- 180-015 WHEREAS, Lennar Communities filed Planning Application No. PA 01-0031 (Tentative Tract Map 29929 the "Application") in a manner in accord with the City of Temecula General Plan, Development Code and Subdivision Ordinance; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on June 20, 2001, and July 12, 2001, at duly noticed public hearings as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, the City Council considered the Application on July 24, 2001 and August 14, 2001, 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 opposition to this matter; WHEREAS, at the conclusion of the Council hearing and after due consideration of the testimony, the Council approved of the Application, and certified the Environmental Impact Report and adopted the Mitigation Monitoring Program after finding that the project proposed in the Application conformed to the City of Temecula General Plan; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: R:\S P'klarveston SP~City CouncilX29929--CC RESO.doc Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs. That the City Council, in approving the Application, hereby makes the following findings as required in Section 16.09.140 of the Temeeula Municipal Code. A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, any applicable specific plan and the City of Temecula Municipal Code; B. The proposed subdivision map is consistent with the subject specific plan and related General Plan Amendment. C. The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use; D. The site is physically suitable for the type and proposed density of development proposed by the tentative map; E. The design of the subdivisions and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat as no sensitive species or habitant exist within the project boundaries; F. An environmental impact report has been prepared and a finding has been made, pursuant to Public Resources Code Section 21081(a) (3), finding that specific economic, social, or other considerations make infeasible mitigation measures or project alternatives identified in the environmental impact report; G. The design of the subdivisions and the type of improvements are not likely to cause serious public health problems; H. The design of the subdivisions provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; I. The design of the subdivisions and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. J. The subdivisions are consistent with the City's parkland dedication requirements (Quimby). Section 3. Environmental Compliance. Residential projects approved under a Specific Plan are exempt from further environmental review pursuant to Section 15182 of the California Environmental Quality Act Guidelines. All environmental impacts were previously identified and in the Final Environmental Impact Report (FEIR) and Mitigation Monitoring Program in order to approve the project. R:\S PXHarveston SimCity CouncilX29929--CC RESO.doc 2 Section 4. Conditions. The City Council of the City of Temecula approves Planning Application No. PA 01-0031 (Tentative Tract Map 29929), the subdivision of approximately 20 acres into 118 residential lots and 3 open space lots in a portion of Planning Areas 3 and 4, located within the Harveston Specific Plan, subject to the project specific conditions set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all other necessary conditions that may be deemed necessary, for the property located east of Interstate 15, north or Santa Gertrudis Creek, west of Margarita Road and south or the northern City limit, and further identified as Assessor Parcel Nos. 910-261-001,910-261-002, 911-180-002, 911-180- 003, 911-180-004 and 911-180-015. Section 5. PASSED, APPROVED AND ADOPTED this 14th day of August, 2001. ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 2001- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 14th of August, 2001, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk R:\S P~l-larveston SPXCity Councih29929--CC RESO.doc 3 EXHIBIT A CONDITIONS OF APPROVAL FOR TFM 29929 R:~S P~Harvestou SPXCity Counci1~2,9929--CC RESO.doc 4 EXHIBIT A (Attachment No. 8) CITY OF TEMECULA CONDITIONS OFAPPROVAL Planning Application No.: PA01- 0031 (Tentative Tract Map No. 29929) Project Description: The subdivision of approximately 20 acres into 118 residential lots and 3 open space lots in a portion of Planning Areas 3 and 4, located within the Harveston Specific Plan Assessor's Parcel Nos.: 910-261-001,910-261-002, 911-180-002, 911-180-003, 911-180- 004 and 911-180-015. Approval Date: Expiration Date: August 14, 2001 August 14, 2003 PLANNING DIVISION General Requirements The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Temecula Subdivision Ordinance, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. Should the applicant fail to timely post the required deposit, the Director may terminate the land use approval without further notice to the applicant. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 13, the Harveston Specific Plan. R:\S PXHarveston SP~PC Docsk29929-COA.doc The project and all subsequent projects within this site shall comply with all mitigation measures identified within the Final Environmental Impact Report for the Harveston Specific Plan, and the approved Mitigation Monitoring Program thereof. Within thirty (30) days of the final approval of the project by the City Council, the map shall be submitted to the Planning Department in final form for review and approval. The final form shall include all conditions of approval and all modifications made by the Planning Commission and City Council. The Developer shall disclose to all home buyers that Date Street is planned to be a six (6) lane urban arterial roadway and will include a freeway interchange pursuant to the City of Temecula General Plan Circulation Element. The approval granted by this Resolution shall become effective upon the Effective Date of the Development Agreement, as the term Effective Date is defined in the Development Agreement adopted concurrently with this Resolution. Notwithstanding any of the conditions contained herein, the Developer and the City may enter into a development agreement, pursuant to Government Code Section 65864 through 65869.5 or other agreement(s) requiring the Developer to: 1) advance the funding or construction of public improvements; 2) redefine the scope of any public improvement; 3) acquire or fund the acquisition of land for public purposes; and 4) waive any right to reimbursement for facilities or the dedication of land. Further, notwithstanding any of the conditions contained herein, Developer may seek an agreement for reimbursement for any improvements or facilities that qualify for reimbursement at such time as the City of Temecula adopts an ordinance for such reimbursement pursuant to and consistent with California Government Code Sections 66485 through 66489, inclusive, and further shall waive the same in the event of agreements, consistent with the foregoing, that require or include any or all of the terms set forth immediately above. Prior to Issuance of Grading Permits A copy of the Rough Grading plans shall be submitted and approved by the Planning Division. 10. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. Prior to Recordation of the Final Map 11. The following shall be submitted to and approved by the Planning Division: a. A copy of the Final Map. b. A copy of the Environmental Constraint Sheet (ECS) with the following notes: This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. R:~ I~Harveston SPxPC Docs't29929-COA.doc 2 ii. The Harveston Environmental Impact Report (EIR) was prepared for this project and is on file at the City of Temecula Community Development Department - Planning Division. c. A copy of the Covenants, Conditions, and Restrictions (CC&R's) CC&R's shall be reviewed and approved by the Planning Director. The CC&R's shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings and all landscaped and open areas including parkways. ii. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the city prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. iii. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. Prior to Issuance of Building Permits 12. The applicant shall conduct an acoustical study to ensure acceptable interior and exterior noise standards pursuant to the General Plan noise levels for residential and commercial structures. All recommend construction techniques, improvements and/or wails recommended in the acoustical report shall be incorporated into the construction of the structures and subdivision. 13. The following shall be submitted to and approved by the Planning Division: Three (3) copies of Construction Landscaping and Irrigation Plans. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Landscaping Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: R:~S PXHarveston SPXPC Docs~29929-COA.doc 3 1) Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). 2) One (1) copy of the approved grading plan. 3) Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). 4) Automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from the view of the public from streets and adjacent property for: i. Front yards and slopes within individual lots prior to issuance of occupancy permits for any lot(s). ii. Private common areas prior to issuance of occupancy permits. iii. All landscaping excluding Temecula Community Services District (TCSD) maintained areas and front yard landscaping which shall include, but may not be limited to private slopes and common areas. iv. Shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to sixty-six (66) feet or larger. v. All street frontage of school sites along General Plan and Specific Plan designated roadways. Wall and Fence Plans consistent with the Harveston Specific Plan and the Conceptual Landscape Plan. Precise Grading Plans consistent with the approved rough grading plans including all structural setback measurements. 14. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Director of Planning approval. Prior to Issuance of Occupancy Permits 15. If deemed necessary by the Director of Planning, the applicant shall provide additional landscaping to effectively screen various components of the project. 16. All required landscape planting and irrigation shall be installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 17. Front yard and slope landscaping within individual lots shall be completed for inspection prior to issuance of each occupancy permit (excluding model home complex structures). 18. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. R:\S PXHarveston SP'xPC DocsL29929*COA.doc 4 PUBLIC WORKS DEPARTMENT The Department of Public Works recommends the following Conditions of Approval for this project. Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any Government Agency. General Requirements 19. It is understood that the Developer correctly shows on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their emission may require the project to be resubmitted for further review and revision. 20. A Grading Permit for either rough or precise grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. 21. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 22. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula myiars. Prior to Approval of the Final Map, unless other timing is indicated, the Developer shall complete the following or have plans submitted and approved, subdivision improvement agreements executed and securities posted: 23. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Rancho' California Water District c. Eastern Municipal Water District d. Riverside County Flood Control and Water Conservation District e. City of Temecula Fire Prevention Bureau f. Planning Department g. Department of Public Works h. Riverside County Health Department i. Cable TV Franchise j. Community Services District R:XS P~Harveston SPxPC Docs~2992942OA.doc 5 k. General Telephone I. Southern California Edison Company m. Southern California Gas Company 24. The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: improve Street "AA" from Street "EE" to Harveston Drive - (Modified Street Section per the Specific Plan - 66' R/W) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). Improve Street "DD" (Modified Street Section per the Specific Plan - 60' RNV) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) Improve Streets "AA", "CC", "EE", "FF", and "GG" (Modified Street Section per the Specific Plan - 56' R/W) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). Improve Street "BB" (Modified Street Section per the Specific Plan - 46.5' R/W) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. 25. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City Standard Nos. 207 and/or 207A Streetlights shall be installed along the public streets and shall be designed in accordance with Specific Plan Standards. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401or as modified in the Specific Plan to 5' width. e. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. R:\S PXHarveston SPXPC DoesLZ9929-COA.floc 6 26. 27, 28. 29. 30. 31. 32. f. Minimum centerline radii shall be in accordance with City Standard No. 113. g. All reverse curves shall include a 100-foot minimum tangent section. h. All street and driveway centerline intersections shall be at 90 degrees, i. All knuckles shall be constructed in accordance with City Standards No. 602 j. All cul-de-sacs shall be constructed in accordance with City Standards No. 600 All units shall be provided with zero clearance garage doors and garage door openers if the driveway is less than 18 feet in depth from back of sidewalk. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. AIl utilities, except electrical lines rated 33kv or greater, shall be installed underground A construction area Traffic Control Plan shall be designed by a registered Civil Engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. Relinquish and waive right of access to and from Harveston Drive on the Final Map with the exception of any opening(s) as delineated on the approved Tentative Tract Map. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. Any delinquent property taxes shall be paid. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Final Map to delineate identified environmental concerns and shall be recorded with the map. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The Developer shall comply with all constraints, which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. R:~S P~Harveston SP'h°C Docs~29929-COA.doc 7 33. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit shall be installed to cable TV Standards at time of street improvements. 34. A 20 foot easement shall be dedicated for public utilities and emergency vehicle access for all private streets and drives. 35. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. 36. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating, "drainage easements shall be kept free of buildings and obstructions." Prior to Issuance of Grading Permits 37. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Planning Department d. Department of Public Works e. Riverside County Health Department f. Community Services District 38. 39. 40. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of Temecula standards and approved by the Department of Public Works prior to commencement of any grading. The plan shall incorporate adequate erosion control measures to protect the site and adjoining properties from damage due to erosion. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and preliminary pavement sections. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of public Works with the initial grading plan check. The report shall address special study zones and identify any geotechnical hazards for the site including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. R:\S I~Harveston SPXPC Docs\29929-COA.doc 8 41. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the Department of Public Works with the initial grading plan check. The study shall identify storm water runoff quantities expected from the development of this site and upstream of the site. It shall identify all existing or proposed off-site or on-site, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. The basis for analysis and design shall be a storm with a recurrence interval of one hundred years. 42. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 43. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 44. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. if the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 45. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties. The letters or easements shall be in a format as directed by the Department of Public Works. 46. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. Prior to Issuance of Building Permits 47. Final Map shall be approved and recorded. 48. A Precise Grading Plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 49. Grading of the subject property shall be in accordance with the California Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 50. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06 unless otherwise provided for by a written agreement between the City and the Developer. R:xS l~Harveston SI~C Docs~29929-COA.doc 9 Prior to Issuance of Certificates of Occupancy 51. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 52. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 53. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 54. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to the construction operations of this project shall be repaired or removed and replaced to the satisfaction of the Director of Public Works. COMMUNITY SERVICES DEPARTMENT General Requirements 55. All slope/landscape plans submitted for consideration shall be in conformance with the City of Temecula Landscape and Irrigation Specifications and Installation Details and Park Land and Landscape Dedication Process. 56. A~I perimeter slope and parkway landscaping, designated as Temecula Community Services Department (TCSD) maintenance areas shall be identified and offered for dedication to the TCSD as a maintenance easement on the final map. Underlying ownership of the respective areas shall remain with the individual property owner or the Homeowner's Association. All other landscape areas, open space, entry monumentation, signage, pedestrian portals, bus shelters and walls shall be maintained by the Homeowners Association (HOA), private maintenance association or property owner. 57. Construction of the proposed TCSD landscape maintenance areas shall commence pursuant to a pre-construction meeting with the developer and TCSD Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance programs. 58. The developer, the developer's successor or assignee, shall be responsible for all maintenance of the slopes/landscaping areas until such time as those responsibilities are accepted by the TCSD or other responsible party. 59. Class II bicycle lanes on both sides of the Loop Road (Harveston Drive) shall be identified on the street improvement plans and constructed in concurrence with the completion of said street improvements. R:',S P~Harveston SP~PC Docs~9929-COA.doc l0 60. The developer is entitled to receive a credit against the park component of the City's Development Impact Fee (DIF) based upon the actual cost of improving the community park as identified in Planning Area 1 of the Harveston Specific Plan. The fee/credit issue shall be addressed pursuant to the execution of a Development Agreement or a Park Improvement Agreement between the applicant and the City prior to approval of the final map. Prior to Approval of the Final Map 61. All areas intended for dedication to the TCSD for maintenance shall be identified on the final map by numbered lots with the square footage of said lot numbers indexed as proposed TCSD maintenance areas. 62. All TCSD slope/landscaping maintenance easements shall be offered for dedication on the final map. 63. Landscape construction drawings for all proposed TCSD slope/landscape maintenance areas shall be reviewed and approved by the Director of Community Services. 64. The developer shall post security and enter into an agreement to improve all proposed TCSD maintenance areas. 65. The developer shall file a notice of intention with the Temecula Community Services District to initiate election proceedings for acceptance of residential street lights and perimeter slope/landscape into the respective TCSD maintenance programs. All costs associated with this process shall be borne by the developer. Prior to Issuance of Building Permits 66. Prior to the installation of street lights or issuance of building permits, whichever comes first, the developer shall file an application and pay the appropriate fees to the TCSD for the dedication of arterial and residential street lights into the appropriate TCSD maintenance program. Prior to Issuance of Certificates of Occupancy 67. Prior to the issuance of the first certificate of occupancy within each phase map, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. 68. It shall be the developer's responsibility to provide written disclosure of the existence of TCSD and its service level rates and charges to all prospective purchasers. FIRE DEPARTMENT The following are the Fire Department Conditions of Approval for this project. All questions regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau. 69. Final fJre and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the R:XS ~Harvcston SPxPC Docsk29929-COA.doc 11 70. 71. 72. 73. 74. 75. 76. California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal The Fire Prevention Bureau is required to set a minimum fire flow for residential land division per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20-PSI residual operating pressure with a 2-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix H~-A) The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix The Fire Prevention Bureau is required to set a minimum fire flow for commercial land division per CFC Appendix Ill-A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 4000 GPM at 20-PSI residual operating pressure with a 4 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix HI-A) The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-1. Super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-de-sac shall be thirty-seven (37) feet for residential and forty-five (45) feet for commercial. (CFC 902.2.2.3, CFC 902.2.2.4) If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access reads shall be an all weather surface for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2) RAS P~Harveston SP~C Docs~29929~2OA.dac 12 77. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVVV with a minimum AC thickness of .25 feet. (CFC sec 902) 78. Fire Department vehicle access roads shall have a clear paved section of thirty-six (36) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) 79. Private roads and alleys may be as narrow as 20 feet unobstructed travel width, not including any parking with Fire Prevention approval on a map by map basis. On this map these are approved where homes also face a public road. 80. Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) 81. Prior to building construction, this development and any street within serving more than 35 homes or any commercial developments shall have two (2) points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) Where phasing affects planned road connections temporary construction roads may serve as the second point of access. 82. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be: signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1 ) 83. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) 84. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel. (CFC 902.4) Special Conditions 85. Prior to construction of roads a simple map in an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. BUILDING AND SAFETY DEPARTMENT 86. All design components shall comply with applicable provisions of the 1998 edition of the California Building, Plumbing and Mechanical Codes; 1998 National Electrical Code; RAS PXHarveston Sl~n2 Docs~29929-COA.doc 13 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. Obtain all plan checks and permit approvals prior to commencement of any construction work. Obtain street addressing for all proposed buildings prior to submittal for plan review. Disabled access from the public way to the main entrance of any public building is required. The path of travel shall meet the California Disabled Access Regulations in terms of cross slope, travel slope stripping and signage. Provide all details on plans (California Disabled Access Regulations effective April 1,1998). All public building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998). Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. Provide precise grading plan for plan check submittal to check for handicap accessibility. Show all building setbacks Post conspicuously at the entrance to the project the hours of construction as allowed by City of Temecula Ordinance #0-90-04, and specifically Section G (1) of the Riverside County Ordinance # 457.73, for any site within one-quarter mile of an occupied residence. Construction hours are as follows: Monday - Friday Saturday 6:30 a.m. - 6:30 p.m. 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Code Holidays R:XS P~Harveston SPXPC DocsX29929-COA.doc OTHER AGENCIES 99. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated February 25, 2001, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 100. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated February 22, 2001, a copy of which is attached. 101. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated January 25, 2001, a copy of which is attached. 102. The applicant shall comply with the recommendations set forth in the Riverside Transit Agency transmittal dated May 31,2001, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant Signature R:\S P~Harveston SP~PC Docs\29929-COA.doc 15 DAVID P. ZAPPE General Manager-Chief Engineer  1995 MARKET STREET RIVERSIDE, CA 92501 909/955-1200 909/788-9965 FAX 51180. I RIVERSIDE COUNTY FLOOD CONTRO - AND WATER CONSERVATION DIS I TM - Planning Department Post Office Box 9033 Temecula, California 92589-9033 Attention: ~-r"/~ ~/~ ~.~ Ladies and Gentleme/n: Re: "r"~/v~ 2.c~ , The Distdct does not normally recommend conditions for land divisions or other land use cases in incorporated cities..The Distdct also does not plan check city land use cases, or provide State Division of Real Estate letters or other r~ood, hazard reports for suchcases. Distnct comments/recommendations tar such cases are normally limited to items or specific interest to the Distdct including Distdct Master Drainage Plan facilities other regional flood control and draina.,,qe facilities which could be considered a logical componentor extension of a master plan system and District Area Drainage Plan fees (development mitigation fees). In addition, information of a general nature is provided. The District has not reviewed the proposed project in detail and the following checked comments do not in any way constitute.or imply District approval or endorsement of the proposed project with respect to flood hazard, public health aha saraty or any other such issue: ~,,'/' This prgject would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional ~nterest proposed. This project involves Distdct Master Plan facilities. The District will accept ownership of such facilities on written request of the City. Facilities must be constructed t.o District standards and District plan check and insp.ecti.on will be required for Distdct acceptance. Plan check, inspection and administrative fees will be requ~rea. This p.roject proposes channels, storm drains 36 inches or larger in diameter, or other facilities that could be cens~oered regional in nature and/or a logical extension of the adopted Master Drainage Plan. The Distdct woul{] consider accepting ownership ot such tacilities on written request of the City. Facilities must be constructed to Distdct standards, and D~stdct plan check and inspection will be required for Distdct acceptance, plan check, inspection and administrative fees will be required. I_J _This project is located within the limits of the Disthct's ~UAI~.IE, I'~ ~__.~K.//,.~I~t.~1'1~ ~-.~&.~,?'l~j]811~rVe~ L~rainage Plan for which drainage fees have been adopted; applicable fees. s.?ould be paid by cashier's che ,ck or money order only to the Flood Control Distdct pdor m issuance o~ euilding or grading permits whichever comes first. Fees to be paid should be at the rate in effect at the time of issuance of the actua permit. GENERAL INFORMATION This project_may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resource.s L;ontrol Board. Clearance for grading recordation or other r~nal approvalshould not be given until the C ty has (~eterm ned that the project has been granted a perm t or s shown to be exempt. . ' If this project inv.o, lves a Federal Emergency Manage, merit Age. ncy (FE.MA) mapp. ed flood plain then the City should require the applicant to provide all studies, calculations p~ans ana Diner ~nrormation re_quired to meet FEMA requirements and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grad ng, recordation or other final approva~of the project, and a Letter of Map Rev s on (LOMR) pdor to occupancy. If a natural watercourse or mapped flood plain is impacted by this project, the. City should require the app. licant to obtain a Section 1601/1603 Agreement from the Califomia Department of Fisn and Game and a Clean water Act Se..ctio. n 4.0,4 Permit from the U.S. Army Corps of Engi.ne_e.rs, o,r w. dtten. ?rr.e. spondenca, rre..m ~.es~e a.g, gnc. ies indicating the project is exempt from these requirements. A L;lean water Ac~ ~emion 401 Water ~ua~ity L;emncetion may be required from the local California Regional Water Quality Control Board pdor to issuance of the Corps 404 permit. C; Very truly yours, STUART E. MCKIBBIN Senior Civil Engineer Date: ~, "r° 5 .City of Temecula Planning D~ Page Two Attn: Patty Anders Febmary 22, 200l This subdivision is within the Eastern Municipal Water District and shall be connected to the sewers of the District. The sewer system shall be installed according to plans and specifications as approved by the District, the City of Temecula and the Environmental Health Department. Permanent prints of the plans of the sewer system shall be submitted in triplicate, along with the original drawing, to the City of Temecula. The prints shall show the internal pipe diameter, location of manholes, complete profiles, pipe and joint specifications and the size of the sewers at the junction of the new system to the existing system. A single plat indicating location of sewer lines and waterlines shall be a portion of the sewage plans and profiles. The plans shall be signed by a registered engineer and the sewer district with the following certification: "I certify that the design of the sewer system in Tentative Tract Map No. 29929 is in accordance with the sewer system expansion plans of the Eastern Municipal Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed Tract Map". The plans must be submitted to the City of Temecula's Office to review at least two weeks PRIOR to the request for the recordation of the final map. It will be necessary for financial arrangements to be completely finalized PRIOR to recordation of the final map. It will be necessary for the annexation proceedings to be completely finalized PRIOR to the recordation of the final map. Additional approval from Riverside County Environmental Health Department will be required for all tenants operating a food facility or generating any hazardous waste. Sincerely, Sam Mart~nvironmental Health Specialist SM:dr (909) 955-8980 OF RIVERSIDE · ~ERVICES AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH February 22, 2001 City of Temecula Plamfing Department P.O. Box 9033 Temecula, CA 92589-9033 ATTN: Patty Anders, Associate Planner RE: TENTATIVE TRACT MAP NO. RIVERSIDE, STATE OF CALIFORNIA. (1 LOTS) 29929: CITY OF TEMECULA, COUNTY OF Dear Gentlemen: 1. The Department of Environmental Health has reviewed Tentative Tract Map No. 29929 and recommends: A water system shall be installed according to plans and specifications as approved by the water company and the Environmental Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate, with a minimum scale not less than one-inch equal's 200 feet, along with the original drawing to the City of Temecula. The prints shall show the internal pipe diameter, location of valves and fire hydrants; pipe and joint specifications, and the size of the main at the junction of the new system to the existing system. The plans shall comply in all respects with Div. 5, Part 1, and Chapter 7 of the California Health and Safety Code, California Administrative Code, Title 11, Chapter 16, and General Order No. 103 of the Public Utilities Commission of the State of California, when applicable. The plans shall be signed by a registered engineer and water company with the following certification: "I certify that the design of the water system in Tentative Tract Map No. 29929 is in accordance with the water system expansion plans of the Rancho California Water District and that the water services, storage, and distribution system will be adequate to provide water service to such Tract Map". This certification does not constitute a guarantee that it will supply water to such Tract Map at any specific quantities, flows or pressures for fire protection or any other purpose. This certification shall be signed by a responsible official of the water company. The plans must be submitted to the City. of Temecula's Office to review at least TWO WEEKS PRIOR to the request for the recordation of the final map. This subdivision has a statement from Rancho California Water District agreeing to serve domestic water to each and every lot in the subdivision on demand providing satisfactory financial arrangements are completed with the subdivider. It will be necessary for financial arrangements to be made PRIOR to the recordation of the final map. Local Enforcement Agency * I~O. Box L.80. R vers de. CA 92502-1280 (909) 955 8982 FAX (909) 781-9653 4080 Lemon Streel, 9th Floor. Riverside, CA 92501 Land Use and Water Enginee~ing RO. Box1206, Riverside, CA 92502-1206 (909) %5-8980 FAX {909) 955-8903 4080 Lemon Street, 2ndFloor, Riverside, CA92501 January 25, 2001 Patty Anders, Case Planner Ci.ty of Temecula Plmming Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY TRACT NO. 29929 HARVESTON SPECIFIC PLAN PLANNING APPLICATION NO. PA01-0031 Dear Ms. Anders: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property ox~er. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. Se~cesM,~g~r In our previous correspondence to Debbie Ubnoske dated December 5, 2000, ~m,&~eg~m, RCWD requested that the developer consider the use of recycled water for the c~e~Co~e~ proposed pond to be located in riffs development and for any other appropriate uses. We request that the developer discuss these requirements with RCWD staff. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager 01 ~SB:at028W012-T BFCF RTA ID:9096841007 MAY $1'01 9:14 No.O01P.02 :l ./ May 31,2001 Riveraide Transit 1825 Third Street P.O. BOX 59968 Riverside, CA 92517 Phone:(909) 684-0850 Fax: (909) 684-1007 City of Temccula Planning DcpaCuacnt I met recently with Matt Fagan to discuss the Harveston Specific Plan. It appears that all attempts have been made to design thc project in a tranalt-frlendly manner, including thc open-ended clustenng ofresldent'al units. Tho mixed.uses in the Village Green Center ar~ also conducive to transit usage.. We hope to jointly design a pilot program to cneouragc transit usage and thc usc of other alternatives to the single occupancy vehicle. It would be beneficial for thc community to provide transit access tn adjasent are, as, such as thc Promenade Mall, middle and high schools and local employment centers. Please continue to keep as posted so we can maximi~.e coordination ofplanning effo~s. Thank you for the opportunity to comment on this project. ATrACHMENT NO 9 DRAFT RESOLUTION APPROVING 'l'rM 30088 (PLANNING APPLICATION NO. 01-0032) R:\S PXHarveston SP~City CouncihSTAFFRPT 8-14-01.doc 15 Attachment No. 9 RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01-0032 - TENTATIVE TRACT MAP NO. 30088, THE SUBDIVISION OF APPROXIMATELY 9.18 ACRES INTO 38 RESIDENTIAL LOTS AND 8 OPEN SPACE LOTS IN A PORTION OF PLANNING AREA 4 OF THE HARVESTON SPECIFIC PLAN; LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 911-630-001,911-630-002 AND 911-180-015 WHEREAS, Lennar Communities filed Planning Application No. PA 01-0032 (Tentative Tract Map 30088 the "Application") in a manner in accord with the City of Temecula General Plan, Development Code and Subdivision Ordinance; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on June 20, 2001, and July 12, 2001 at duly noticed public hearings as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, the City Council considered the Application on July 24, 2001 and August 14, 2001, 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 opposition to this matter; WHEREAS, at the conclusion of the Council hearing and after due consideration of the testimony, the Council approved of the Application, and certified the Environmental Impact Report and adopted the Mitigation Monitoring Program after finding that the project proposed in the Application conformed to the City of Temecula General Plan; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. R:\S P~-larveston SP~City Council~30088--CC RESO.doc 1 Section 2. Findinqs. That the City Council, in approving the Application, hereby makes the following findings as required in Section 16.09.140 of the Temecula Municipal Code. A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, any applicable specific plan and the City of Temecula Municipal Code; B. The proposed subdivision map is consistent with the subject specific plan and related General Plan Amendment. C. The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use; D. The site is physically suitable for the type and proposed density of development proposed by the tentative map; E. The design of the subdivisions and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat as no sensitive species or habitant exist within the project boundaries; F. An environmental impact report has been prepared and a finding has been made, pursuant to Public Resources Code Section 21081(a) (3), finding that specific economic, social, or other considerations make infeasible mitigation measures or project alternatives identified in the environmental impact report; G. The design of the subdivisions and the type of improvements are not likely to cause serious public health problems; H. The design of the subdivisions provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; I. The design of the subdivisions and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. J. The subdivisions are consistent with the City's parkland dedication requirements (Quimby). Section 3. Environmental Compliance. Residential projects approved under a Specific Plan are exempt from further environmental review pursuant to Section 15182 of the California Environmental Quality Act Guidelines. All environmental impacts were previously identified and in the Final Environmental Impact Report (FEIR) and Mitigation Monitoring Program in order to approve the project. R:\S l~Harveston SPxCity CouncilX30088--CC RESO.doc 2 Section 4. Conditions. The City Council of the City of Temecula approves Planning Application No. PA 01-0032 (Tentative Tract Map 30088), the subdivision of approximately 9.18 acres into 38 residential lots and 8 open space lots in a portion of Planning Area 4, located within the Harveston Specific Plan subject to the project specific conditions set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all other necessary conditions that may be deemed necessary, for the property located east of Interstate 15, north or Santa Gertrudis Creek, west of Margarita Road and south or the northern City limit, and further identified as Assessor Parcel Nos. 911-630-001, 911-630-002 and 911-180-015. Section 5. PASSED, APPROVED AND ADOPTED by the City Council this 14th day of August, 2001. ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 2001- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 14th day of August 2001, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk R:~S P~-larveston SP~City CouncilX30088--CC RESO.doc 3 EXHIBIT A CONDITIONS OF APPROVAL FOR TFM 30088 R:~ l~-larveston SP~(~ity CouncilX30088--CC PESO.doc 4 Planning Application No.: EXHIBIT A (Attachment No. 9) CITY OF TEMECULA CONDITIONS OF APPROVAL PA01- 0032 (Tentative Tract Map No. 30088) Project Description: Planning Application No. 01-0032 - Tentative Tract Map No. 30088, the subdivision of approximately 9.18 acres into 38 residential lots and 8 open space lots in a portion of Planning Area 4, located within the Harveston Specific Plan Assessor's Parcel Nos.: 911-630-001, 911-830-002 and 911-180-015. Approval Date: Expiration Date: August 14, 2001 August 14, 2003 PLANNING DIVISION General Requirements The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Temecula Subdivision Ordinance, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and ali claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. Should the applicant fail to timely post the required deposit, the Director may terminate the land use approval without further notice to the applicant. 3. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 13, the Harveston Specific Plan. R:\S PXHarveston SP~PC D¢cs~30088-COA.doc The project and all subsequent projects within this site shall comply with all mitigation measures identified within the Final Environmental Impact Report for the Harveston Specific Plan, and the approved Mitigation Monitoring Program thereof. Within thirty (30) days of the final approval of the project by the City Council, the map shall be submitted to the Planning Department in final form for review and approval. The final form shall include all conditions of approval and all modifications made by the Planning Commission and City Council. The Developer shall disclose to all home buyers that Date Street is planned to be a six (6) lane urban arterial roadway and will include a freeway interchange pursuant to the City of Temecula General Plan Circulation Element. The approval granted by this Resolution shall become effective upon the Effective Date of the Development Agreement, as the term Effective Date is defined in the Development Agreement adopted concurrently with this Resolution. Notwithstanding any of the conditions contained herein, the Developer and the City may enter into a development agreement, pursuant to Government Code Section 65864 through 65869.5 or other agreement(s) requiring the Developer to: 1) advance the funding or construction of public improvements; 2) redefine the scope of any public improvement; 3) acquire or fund the acquisition of land for public purposes; and 4) waive any right to reimbursement for facilities or the dedication of land. Further, notwithstanding any of the conditions contained herein, Developer may seek an agreement for reimbursement for any improvements or facilities that qualify for reimbursement at such time as the City of Temecula adopts an ordinance for such reimbursement pursuant to and consistent with California Government Code Sections 66485 through 66489, inclusive, and further shall waive the same in the event of agreements, consistent with the foregoing, that require or include any or all of the terms set forth immediately above. Prior to Issuance of Grading Permits A copy of the Rough Grading plans shall be submitted and approved by the Planning Division. 10. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. Prior to Recordation of the Final Map 11. The following shall be submitted to and approved by the Planning Division: a. A copy of the Final Map. b. A copy of the Environmental Constraint Sheet (ECS) with the following notes: This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the R:~S P~-larveston S[:~'C Docsk30088-COA.doc 2 California Institute of Technology, recommendations, Ordinance No. 655. Palomar Observatory ii. The Harveston Environmental Impact Report (EIR) was prepared for this project and is on file at the City of Temecula Community Development Department - Planning Division. c. A copy of the Covenants, Conditions, and Restrictions (CC&R's) CC&R's shall be reviewed and approved by the Planning Director. The CC&R's shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings and all landscaped and open areas including parkways. ii. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the city prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. iii. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. Prior to Issuance of Building Permits 12. The applicant shall conduct an acoustical study to ensure acceptable interior and exterior noise standards pursuant to the General Plan noise levels for residential and commercial structures. All recommend construction techniques, improvements and/or walls recommended in the acoustical report shall be incorporated into the construction of the structures and subdivision. 13. The following shall be submitted to and approved by the Planning Division: Three (3) copies of Construction Landscaping and Irrigation Plans. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Landscaping Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: R:XS P~Harveston SF'~aC Docsk30088-COA.doc 3 i. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). ii. One (1) copy of the approved grading plan. iii. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). iv. Automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from the view of the public from streets and adjacent property for: Front yards and slopes within individual lots prior to issuance of occupancy permits for any lot(s). 2. Private common areas prior to issuance of occupancy permits. All landscaping excluding Temecula Community Services District (TCSD) maintained areas and front yard landscaping which shall include, but may not be limited to private slopes and common areas. All street frontage of school sites along General Plan and Specific Plan designated roadways. Wall and Fence Plans consistent with the Harveston Specific Plan and the Conceptual Landscape Plans Precise Grading Plans consistent with the approved rough grading plans including all structural setback measurements. 14. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Manager approval. Prior to Issuance of Occupancy Permits 15. If deemed necessary by the Director of Planning, the applicant shall provide additional landscaping to effectively screen various components of the project. 16. All required landscape planting and irrigation shall be installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 17. Front yard and slope landscaping within individual lots shall be completed for inspection prior to each occupancy permit (excluding model home complex structures), 18. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. R:~S PXHarveston SP~PC DocsX30088-COA.doc 4 PUBLIC WORKS DEPARTMENT The Department of Public Works recommends the following Conditions of Approval for this project. Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any Government Agency. General Requirements 19. It is understood that the Developer correctly shows on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 20. A Grading Permit for either rough or precise grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. 21. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 22. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Approval of the Final Map, unless other timing is indicated, the Developer shall complete the following or have plans submitted and approved, subdivision improvement agreements executed and securities posted: 23. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Rancho California Water District c. Eastern Municipal Water District d. Riverside County Flood Control and Water Conservation District e. City of Temecula Fire Prevention Bureau f. Planning Department g. Department of Public Works h. Riverside County Health Department i. Cable TV Franchise j. Community Services District R:\S PXHarveston SP~PC Docs\30088-COA.d~c 5 General Telephone Southern California Edison Company Southern California Gas Company 24. The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Depar[ment of Public Works: Improve Street "VV" (Modified Street Section per the Specific Plan - 66' R/W) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). Improve Streets '~/VV", "XX" and "YY" (Modified Street Section per the Specific Plan - 56' R/W) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. A School Zone signing and striping plan, per Caltrans standards, shall be designed by a registered Civil Engineer for the school site within this project and included with the street improvement plans for the project. Design shall also include a warrant analysis for a flashing yellow beacon and if warrants are met, shall be installed by the Developer. 25. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City Standard No. 207. Streetlights shall be installed along the public streets and shall be designed in accordance with Specific Plan Standards. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401or as modified in the Specific Plan to 5' width, Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. f. Minimum centerline radii shall be in accordance with City Standard No. 113. g. All reverse curves shall include a 100-foot minimum tangent section. R:~S PxHarveston SP~C DocsX30088-COA.doc 6 h. All street and driveway centerline intersections shall be at 90 degrees. i. All knuckles shall be constructed in accordance with City Standard No. 602 j. All cul-de-sacs shall be constructed in accordance with City Standard No. 600 All units shall be provided with zero clearance garage doors and garage door openers if the driveway is less than 18 feet in depth from back of sidewalk. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. All utilities, except electrical lines rated 33kv or greater, shall be installed underground 26. A construction area Traffic Control Plan shall be designed by a registered Civil Engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. 27. Relinquish and waive right of access to and from Margarita Road, Harveston School Road and Harveston Drive on Final Map with the exception of 2 opening(s) as delineated on the approved Tentative Tract Map. 28. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805. 29. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. 30. Any delinquent property taxes shall be paid. 31. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Final Map to delineate identified environmental concerns and shall be recorded with the map. A copy of the ECS shall be transmitted to the Planning Department for review and approval. 32. The Developer shall comply with all constraints, which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 33. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit shall be installed to cable TV Standards at time of street improvements. R:~S l~l-larvcston SI~°C Docsk30088-COA.doc ? 34. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. 35. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. Alt offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating, "drainage easements shall be kept free of buildings and obstructions." Prior to Issuance of Grading Permits 36. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Planning Department d. Department of Public Works e, Community Services District 37. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of Temecula standards and approved by the Department of Public Works prior to commencement of any grading. The plan shall incorporate adequate erosion control measures to protect the site and adjoining properties from damage due to erosion. 38. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and preliminary pavement sections. 39. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of public Works with the initial grading plan check. The report shall address special study zones and identify any geotechnical hazards for the site including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. 40. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the Department of Public Works with the initial grading plan check. The study shall identify storm water runoff quantities expected from the development of this site and upstream of the site. It shall identify all existing or proposed off-site or on-site, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate out'fall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the R:\S ~Harveston SP~PC Doc:iX30088-COA.doc 8 storm water runoff shall be provided as part of development of this project. The basis for analysis and design shall be a storm with a recurrence interval of one hundred years. 41. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 42. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 43. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 44. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties. The letters or easements shall be in a format as directed by the Department of Public Works. 45. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. Prior to Issuance of Building Permits 46. Final Map shall be approved and recorded. 47. A Precise Grading Plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 48. Grading of the subject property shall be in accordance with the California Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 49. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06 unless otherwise provided for by a written agreement between the City and the Developer. Prior to Issuance of Certificates of Occupancy 50. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District R:~S F~Harveston SP~PC Docsk30088-COA.doc 9 51. 52. 53. c. Department of Public Works All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to the construction operations of this project shall be repaired or removed and replaced to the satisfaction of the Director of Public Works. COMMUNITY SERVICES DEPARTMENT General Requirements 54. All slope/landscape plans submitted for consideration for TCSD maintenance shall be in conformance with the City of Temecula Landscape and Irrigation Specifications and Installation Details and Park Land and Landscape Dedication Process. 55. All perimeter slope and parkway landscaping, designated as Temecula Community Services Department (TCSD) maintenance areas, shall be identified and offered for dedication to the TCSD as a maintenance easement on the final map. Underlying ownership of the respective areas shall remain with the individual property owner or the Homeowner's Association. All other landscape areas, open space, entry monumentation, signage, pedestrian portals, bus shelters, fences and walls shall be maintained by the Homeowners Association (HOA), private maintenance association or property owner. 56. Construction of the proposed TCSD landscape maintenance areas and landscape medians shall commence pursuant to a pre-construction meeting with the developer and TCSD Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance programs. 57. The developer, the developer's successor or assignee, shall be responsible for all maintenance of the slopes/landscaping areas until such time as those responsibilities are accepted by the TCSD or other responsible party. 58. Class II bicycle lanes on both sides of the Loop Road (Harveston Drive), Harveston School Road and Margarita Road shall be identified on the street improvement plans and constructed in concurrence with the completion of said street improvements. 59. The developer is entitled to receive a credit against the park component of the City's Development Impact Fee (DIF) based upon the actual cost of improving the community park as identified in Planning Area 1 of the Harveston Specific Plan. The fee/credit issue shall be addressed pursuant to the execution of a Development Agreement or a Park Improvement Agreement between the applicant and the City prior to approval of the final map. R:\S P~Harveston SP'ff'C DOC!;L30088-COA.dOC 10 Prior to Approval of the Final Map 60. All areas intended for dedication to the TCSD for maintenance shall be identified on the final map by numbered lots with the square footage of said lot numbers indexed as proposed TCSD maintenance areas. 61. All TCSD slope/landscaping maintenance easements shall be offered for dedication on the final map. 62. Landscape construction drawings for all proposed TCSD slope/landscape maintenance areas and landscape medians shall be reviewed and approved by the Director of Community Services. 63. The developer shall post security and enter into an agreement to improve all proposed TCSD maintenance areas and landscape medians. 64. The developer shall file a notice of intention with the Temecula Community Services District to initiate election proceedings for acceptance of residential street lights and perimeter slope/landscape into the respective TCSD maintenance programs. All costs associated with this process shall be borne by the developer. Prior to Issuance of Building Permits 65. Prior to the installation of street lights or issuance of building permits, whichever comes first, the developer shall file an application and pay the appropriate fees to the TCSD for the dedication of arterial and residential street lights into the appropriate TCSD maintenance program. Prior to Issuance of Certificates of Occupancy 66. Prior to the issuance of the first certificate of occupancy within each phase map, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. 67. It shall be the developer's responsibility to provide written disclosure of the existence of TCSD and its service level rates and charges to all prospective purchasers. FiRE DEPARTMENT The following are the Fire Department Conditions of Approval for this project. All questions regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau. 68. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 69. The Fire Prevention Bureau is required to set a minimum fire flow for residential land division per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20-PSI residual operating pressure with a 2-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire R:~S l:~-larveston SI:~PC DocsX30088-COA.doe 11 protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix 70. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix Ill-B) 71. The Fire Prevention Bureau is required to set a minimum fire flow for commercial land division per CFC Appendix Ill-A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 4000 GPM at 20-PSI residual operating pressure with a 4 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix 72. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-1. Super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix ¸73. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-de-sac shall be thirty-seven (37) feet for residential and forty-five (45) feet for commercial. (CFC 902.2.2.3, CFC 902.2.2.4) 74. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) 75. Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2) 76. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet. ( CFC sec 902) 77. Fire Department vehicle access roads shall have a clear paved section of thirty-six (36) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) R:\S PXHarveston SP~C Docs~3008842OA.doc 12 78. Private roads and alleys may be as narrow as 20 feet unobstructed travel width, not including any parking with Fire Prevention approval on a map by map basis. On this map these are approved where homes also face a public road. 79. Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) 80. Prior to building construction, this development and any street within serving more than 35 homes or any commercial developments shall have two (2) points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) Where phasing affects planned road connections temporary construction roads may serve as the second point of access. 81. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be: signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1) 82. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) 83. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel. (CFC 902.4) Special Conditions 84. Prior to construction of roads a simple map in an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. BUILDING AND SAFETY DEPARTMENT 85. All design components shall comply with applicable provisions of the 1998 edition of the California Building, Plumbing and Mechanical Codes; 1998 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 86. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. R:~S P~-larveston SP~PC DocsX30088~COA.doc 13 87. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 88. Obtain all plan checks and permit approvals prior to commencement of any construction work. 89. Obtain street addressing for all proposed buildings prior to submittal for plan review. 90. Disabled access from the public way to the main entrance of any public building is required. The path of travel shall meet the California Disabled Access Regulations in terms of cross slope, travel slope stripping and signage. Provide all details on plans (California Disabled Access Regulations effective April 1, 1998). 91. All public building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998). 92. Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. 93. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 94. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 95. Provide precise grading plan for plan check submittal to check for handicap accessibility. 96. Show all building setbacks 97. Post conspicuously at the entrance to the project the hours of construction as allowed by City of Temecula Ordinance #0-90-04, and specifically Section G (1) of the Riverside County Ordinance # 457.73, for any site within one-quarter mile of an occupied residence. Construction hours are as follows: Monday - Friday Saturday 6:30 a.m. - 6:30 p.m. 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Code Holidays OTHER AGENCIES 98. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated February 25, 2001, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. R:~S P~Harveston SPXPC Docs~0088-COA.doc 99. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated February 22, 2001, a copy of which is attached. 100. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated January 25, 2001, a copy of which is attached. 101. The applicant shall comply with the recommendations set forth in the Riverside Transit Agency transmittal dated May 31,2001, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant Signature R:~S P~-larveston SP~C Decsk30088-COA.doc 15 DAVID P. ZAPPE General Manager-Chief Engineer ~ 51180.1 RIVERSIDE COUNTY FLOOD CONTROL · AND WATER CONSERVATION Temecula, Califomia 92589-9033 ~ r~ LadiesandGentleme~: Re: ~ 3' ~~ OJ The DistH~ does not no.ally recommend conditions for land divisions or other land use ~ses in inco~orated cities.. ~e Dist~ also do~s not plan chec[ d~ ~and use ~es or prov[d~ Stat~ Division of Real Estate.~e~ers other T~ood hazara repo~s mr sucn ~ses. uis[nm ~mmems/recommenaadons mr sucn ~ses are notably ~imitea to items of specific ~nterest to the DistH~ including District Master Drainage Plan facilities, o~er regional flood ~ntrol and drainage facilities which could be ~nsidemd a Iogi~l ~mponemor e~ension of a master plan s~stem and D st~ Area um nage P an fees (deve opment m t gat on fees), n add ~on, info~ation of a general na[ure s . provided. The DisM~ has not reviewed the proposed pmje~ in detail and the follo~ng checked ~mments do not in any ~y cons~tute or imply Distdm approval or endorsement of the proposed proje~ with respem to flood h~ard, public health and safe~ or any other such issue: This prgje~ would not be impaled by DistH~ Master Drainage Plan facilities nor are other facilities of regional ~nterest proposed. ~is project involves Dist~ct M~,~ter Plan facilities. The Dis~ will ac~pt 9wnemhip of ~u~ fagili~s on ~Ren request of ~e Ci~. Fa~lities must be ~ns~ed to DistH~ stanaaras .an~ Dist~m.pia~ cnecK and inspe~on ~11 be required for uis~ a~eptan~. Plan check, inspection ana aaministrauve tees will be required. ~is pyojeqt proposes channels ~to~ pmin~ 36.in.es or [~rger,in ~i~meter, or other facilities that ~uld be cons~aerea regional in nmure anwor a IOgi~l e~ension of [ne aaop[ea Master Drainage Plan. ~e District would consider a~pting ownemhig ot such tamlities on wnEen request of the Ci~. Facilities must be ~nstm~e~to pist~ standard~ ~nd D~stH~ plan che~ and insp~on will be required for Dis~ a~ptance. Plan cn~K, inspe~on ana aamn stm~ve tees ~ be requirea. ~ This proje~ is lo.ted ~thin ~e li~its 9f ~e. DistH~'~ ~O~ET~ ~/5~ ~/~ Drainage Plan for ~i~ drainage tees nave peen aaopted; appli~ble tees.~o~d ~ paia .~y ~snie~s check or money order only to the Flood Control DistH~ prior m issuance oT Dui~aing or graaing pe~ks~ whichever comes flint. Fees to be paid should be at the rote in effe~ at the time of issuan~ of the amua~ pe~it. GENE~L INFORMATION Th s proje~ may requ re a Nat ona Pollutant Discha~e Elimination System (NPDES) pe~it from the State Water Resources Control Board. Clearan~ for grading recordation, or other final approva~should not be given until the Ci~ has dete~ined that the pmje~ has been granted a pe~ t or s sho~ to be exempt. f ~is proje~ involves a Federal Emergency Management Ag?nw (FE~)mapRed flo~ plain, ~en.the Ci~ [~ld requ re ~e app ~nt to prov de a stud es ~lcula~ons plans ana other ~nto~ation reguimd to meet requirements, and should fu~her require that the appli~nt obtain a Conditional LeEer of Map Revision (CLOMR) prior to grading, recordation or other final approva~ of the projem, and a Le~er of Map Revision (LOMR) p~or to occupancy. If a natural Water~urse or mapped flood plain is impamed by this projem, the Ci~ should require the a~Rli~nt to obtain a Se~ion 1601/1603 Agreement from the California Depa~ment of Fish and Game and a Clean water A~ Se~ion 4~ Pe~it from ~e U.S. A~y Co~s of Engineem, or w~ffen coffespondence fr~m t~ese agencies indicting the prqje~ is exempt from these requirements. A Clean Water A~ Sec~on 401 Water ~ua~i~ Cem~tion may be required from the Io~1 Califomia Regional Water QualiW Control Board prior to issuan~ of ~e Co~s 4~ permit. 0~T~e~ ~ ~ ~O~I~H~ ~ Ve~tmlyyours, F ~C t'~ r~ ~ · STUART E. MCKIBBIN ~. Senior Civil Engineer c: D te: 1995 MARKET STREET RIVERSIDE, CA 92501 909/955-1200 909/788-9965 FAX Z RIVERSIDE · AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH February 22, 2001 City of Temecnla Planning Department P.O. Box 9033 Temecula, CA 92589-9033 ATTN: Patty Anders, Associate Planner RE: TENTATIVE TRACT MAP NO. PdVERSIDE, STATE OF CALIFORNIA. (1 LOTS) 30088: CITY OF TEMECULA, COUNTY OF Dear Gentlemen: 1. The Department of Enviromnental Health has reviewed Tentative Tract Map No. 30088 and recommends: A water system shall be installed according to plans and specifications as approved by the water company and the Environmental Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate, with a minimum scale not less than one-inch equal's 200 feet, along with the original drawing to the City of Temecula. The prims shall show the internal pipe diameter, location of valves and fire hydrants; pipe and joint specifications, and the size of the main at the junction of the new system to the existing system. The plans shall comply in all respects with Div. 5, Part 1, and Chapter 7 of the Califomia Health and Safety Code, California Administrative Code, Title 11, Chapter 16, and General Order No. 103 of the Public Utilities Commission of the State of California, when applicable. The plans shall be signed by a registered engineer and water company with the following certification: "I certify that the design of the water system in Tentative Tract Map No. 30088 is in accordance with the water system expansion plans of the Rancho California Water District and that the water services, storage, and distribution system will be adequate to provide water service to such Tract Map". This certification does not constitute a guarantee that it will supply water to such Tract Map at any specific quantities, flows or pressures for fire protection or any other purpose. This certification shall be signed by a responsible official of the water company. The plans must be submitted to the City of Temecula's Office to review at least TWO WEEKS PRIOR to the request for the recordation of the final map. This subdivision has a statement from Rm~cho California Water District agreeing to serve domestic water to each and every lot in the subdivision on demand providing satisfactory financial arrangements are completed with the subdivider. It will be necessary for financial arrangements to be made PRIOR to the recordation of the final map. Local Enforcement Agency * RO. Box 1280. Riverside, CA 92502-1280 * 1909) 955-8982 * FAX (909) 781-9653 * 4080 Lemon Street, 9th Floor, Riverside. CA 92501 Land Use and Water Engineerin§ RO. Eox1206, Riverside, CA 92502-1206 : (909) 955-8980 FAX(909)955-8903 4080LemonStreet, 2ndFIoor, Riverside. CA92501 City of Temecula Planning Page Two Attn: Patty Anders February 22, 2001 This subdivision is within the Eastern Municipal Water District and shall be connected to the sewers of the District. The sewer system shall be installed according to plans and specifications as approved by the District, the City of Temecula and the Environmental Health Department. Permanent prints of the plans of the sewer system shall be submitted in triplicate, along with the original drawing, to the City of Temecula. The prints shall show the internal pipe diameter, location of manholes, complete profiles, pipe and joint specifications and the size of the sewers at the junction of the new system to the existing system. A single plat indicating location of sewer lines and waterlines shall be a portion of the sewage plans and profiles. The plans shall be signed by a registered engineer and the sewer district with the following certification: "I certify that the design of the sewer system in Tentative Tract Map No. 30088 is in accordance with the sewer system expansion plans of the Eastern Municipal Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed Tract Map". The plans must be submitted to the City of Temecula's Office to review at least two weeks PRIOR to the request for the recordation of the final map. 5. It will be necessary for financial arrangements to be completely finalized PRIOR to recordation of the final map. 6. It will be necessary for the annexation proceedings to be completely finalized PRIOR to the recordation of the final map. 7. Additional approval from Riverside County Environmental Health Department will be required for all tenants operating a food facility or generating any hazardous waste. Sincerely, San~ Martmez, ~uperv~s~ng Dm~omnental Health Specialist SM:dr (909) 955-8980 Board of Directors January 25, 2001 Patty Anders, Case Planner Ci.ty of Temecula Plmming Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY TRACT NO. 30088 HARVESTON SPECIFIC PI,AN PLANNING APPLICATION NO. PA01-0032 Dear Ms. Anders: John F. Hennigar C~neral Manager Phillip I~ Forbes Director of Finance- E.P. 'Bob" Lemons Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. If fire protection is required, the customer will need to contact RCWD for fees and requiremems. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. In our previous correspondence to Debbie Ubnoske dated December 5, 2000, ~,,~t&Kriego~u~P RCWD requested that the developer consider the use of recycled water for the GeneralCounsel proposed pond to be located in this development and for any other appropriate use:;. We request that the developer discuss these requirements with RCWD st~ff. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager 01 ~S B:at029hc012-T 1 ~FCF RTfl May 31,2001 ID:9096841007 Riverside Transit Agency 1825 Third Street P.O. Box 59968 Riverside, CA 92517 Phone: (909) 684-0850 Fax: (909) 684-1007 City of Temccula Planning Dcpa~uacnt 1 met recently with Matt Fagan to discuss thc Harveston Specific Plan. It appears that all attempts have bccn made to design the project in a transit-friendly manner, including thc open-ended clustering ofresidenfial units. The mixed-uses in the Village Green Center am also conducive to transit usage.. We hope to jointly design a pilot program to cncouragc transit usage and thc usc of other alternatives to the single occupancy vehicle. 1( would bo beneficial for tho community to provide transit aAcess t~ adjacent areas, such as thc Promenade Mall, middle and high schools and local employment centers. Please continue to keep us posted 60 we can maximize coordination of planning efforts. Thank you for the opportunity to comment on this project. Cia LcR~oy~ Planning Dirccto~i'-~ ATFACHMENT NO 10 DRAFT DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND LENNAR COMMUNTIES R:\S P~Harveston SP~Cit~ CounciI\STAFFRPT 8-14~Ol,doc 16 DEVELOPMENT AGREEMENT By and Between THE CITY OF TEMECULA, City, and LENNAR HOMES, INC., a California corporation and WINCHESTER HILLS I LLC, a California limited liability company collectively Owner. 11086\0092\661966.1 8/8/01 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into as of the __ day of ,2001 ("Agreement Date"), by and between LENNAR HOMES, INC., a California corporation ("Lennar") and Winchester Hills I LLC, a California limited liability company ("Winchester"), and the CITY OF TEMECULA, a municipal corporation, organized and existing under the laws of the State of California (hereinafter "CITY"), pursuant to the authority of Sections 65864 th rough 65869.5 of the California Government Code and Article XI, Section 2 of the California Constitution. RECITALS This Agreement is predicated upon the following facts: A. These Recitals refer to and utilize certain capitalized terms which are defined in this Agreement. The parties intend to refer to those definitions in conjunction with the use thereof in these Recitals. B. The Development Agreement Legislation authorizes the CITY to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to, among other matters: ensure high quality development in accordance with comprehensive plans; provide certainty in the approval of development projects so as to avoid the waste of resources and the escalation in the cost of housing and other development to the consumer; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules and regulations and subject to conditions of approval, in order to strengthen the public planning process and encourage private participation in comprehensive planning and reduce the private and public economic costs of development; assist in the financing of public improvements; protect against initiatives, moratorium (processing or development) and other actions inconsistent with the Project anticipated by this Agreement; assure reimbursement of OWNER in accordance with the terms of this Agreement and state and federal law; and provide for economic assistance to OWNER for the entitlements authorizing development related improvements. C. Lennar and Winchester are the owners of certain real property within the City of Temecula, the County of Riverside, State of California (individually, "Lennar Property" or "Winchester Property" and collectively, the "Property"), as more particularly described in Attachments "I-A", "I-B" and "1-C", [including a plat graphically depicting each] respectively. The parties agree and acknowledge that the respective boundaries may be amended to conform to final development proposals and that Attachment "I-A" and "I-B" will e amended pursuant to the Operating Memoranda set forth in Section 3.5.5. OWNER desires to develop the Property in accordance with the provisions of this Agreement, the Existing Regulations and those regulations of other agencies exercising jurisdiction upon 11086\0092\661966.1 8/8/01 the project. The Scope of Development of the Property as contemplated by this Agreement is described below. D. OWNER has applied for, and the CITY has agreed to, this Agreement in order to create a beneficial project and a physical environment that will conform to and complement the goals of the CITY, create a development project sensitive to human needs and values, facilitate efficient traffic circulation, and develop the Property. As part of the process of granting this entitlement, the City Council of the CITY has required the preparation of and has certified the Project EIR in order to identify any significant environmental effects arising from the Development and has otherwise carried out all requirements of the California Environmental Quality Act ("CEQA") of 1970, as amended. Project: The following actions were taken with respect to this Agreement and the 1. On ,2001, following a duly noticed and conducted public hearing, the City Planning Commission recommended that the City Council approve this Agreement, the General Plan amendment, the Specific Plan, Rezone and Tentative Map No. , by adoption of its Resolution No. __ and making the findings of fact thereto; 2. On ., after a duly noticed public hearing and pursuant to CEQA, the City Council certified the Project EIR and adopted the Mitigation Monitoring and Reporting Program by adoption of its Resolution No. __ and making the findings of fact thereto; 3. On ., after a duly noticed public hearing, the City Council determined that the provisions of this Agreement are consistent with the General Plan of the CITY by adoption of its Resolution No. __ and making the findings of fact thereto; 4. On , after a duly noticed public hearing, the City Council approved the Specific Plan, the General Plan amendment, the Rezone and Tentative Map No. by adoption of its Resolution No. , Ordinance No. __ and making the findings of fact thereto; 5. On , after a duly noticed public hearing, the Board of Directors of the Winchester Financing Authority will have adopted a Resolution Authorizing Changes to a Rate and Apportionment of Special Taxes of Community Facilities District 98-1. 6. On Council introduced Ordinance No. ., after a duly noticed public hearing, the City approv ng and aut..h, orizing the execution of this 11086\0092\661966.1 2 8/8/01 Agreement and on ., the City Council adopted the Ordinance, a copy of which is on file with the City Clerk of the CITY, and the findings and conditions pertaining thereto. F. The CITY has engaged in extensive studies and review of the potential impacts of the Project under the California Environmental Quality Act and all applicable Existing Regulations, as well as the various potential benefits to the CITY by the development of the Project and concluded that the Project is in the best interests of the CITY. G. In consideration of the substantial public improvements and benefits already provided and those to be provided by OWNER and the Project, as described in Attachment 2, in further consideration of the benefits that will inure to the CITY in conjunction with the implementation of the Project and in order to strengthen the public financing and planning process and reduce the economic costs of development, by this Agreement, the CITY intends to give and by this Agreement gives, OWNER assurance that OWNER can proceed with the Development of the Project for the Term of this Agreement pursuant to the terms and conditions of this Agreement and in accordance with the Development Plan Approval(s) and the Existing Regulations. In reliance on the CITY's covenants in this Agreement concerning the Development of the Property, and the rights afforded OWNER hereunder, OWNER has agreed to provide those benefits described in Attachment 2 as "Development Agreement Benefits," and OWNER has and will in the future incur substantial indebtedness, as well as costs in planning, engineering, site preparation and the construction and installation of major infrastructure and facilities that OWNER would not incur but for the covenants of CITY provided in this Agreement. H. Pursuant to Section 65867.5 of the Development Agreement Legislation, the City Council has found and determined that: (i) this Agreement and the Development Plan Approval(s) implement the goals and policies of the CITY's General Plan and the Specific Plan, provide balanced and diversified land uses and impose appropriate standards and requirements with respect to land development and usage in order to maintain the overall quality of life and the environment within the CITY, (ii) this Agreement and the Project are in the best interests of and not detrimental to the public health, safety and general welfare of the CITY and its residents; (iii) adopting this Agreement is consistent with the CITY's General Plan and constitutes a present exercise of the CITY's police power; and (iv) this Agreement is being entered into pursuant to and in compliance with the requirements of Section 65867 of the Development Agreement Legislation. I. The CITY and OWNER agree that it may be beneficial to enter into operating memoranda, additional agreements or to modify this Agreement with respect to the implementation of the separate components of the Project when more information concerning the details of each component is available, and that this Agreement should expressly allow for such contemplated operating memoranda, additional agreements or 11086\0092\661966.1 3 8/8/01 modifications to this Agreement. AGREEMENT NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Legislation, pursuant to Article XI, Section 2 of the California Constitution, and in consideration of the foregoing recitals of fact, all of which are expressly incorporated into this Agreement, the mutual covenants set forth in this Agreement, the parties agree as follows: 1. Definitions. Unless the context otherwise requires, the terms defined in this Section 1 shall, for all purposes of this Agreement, or any supplemental agreement, and any certificate, opinion or other document herein mentioned, have the meanings herein specified. All references herein to "Articles," "Sections" and other subdivisions are to the corresponding Articles, Sections or subdivisions of this Agreement, and the word "herein," "hereof," "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or subdivision hereof. "Agreement Date" means ., 2001, the date of the second introduction and reading of the Authorizing Ordinance by the City Council. "Authorizing Ordinance" means Ordinance No. __ Agreement. of the CITY approving this "CITY" means the City of Temecula, a California municipal corporation, duly organized and existing under the Constitution and laws of the State of California, and all of its officials, employees, agencies and departments and assignees or successors. "City Council" means the duly elected and constituted city council of the CITY. "Connecting Arterials" mean the arterial roads forwhich the alignment is not finally established in the Specific Plan for Planning Areas 8, 10, 11 and 12, as required for the Interchange Improvements on the east side of 1-15 within the western approximately one-third of the Project, including, without limitation, Date Street and Ynez Road. "Connecting Arterial Plan" shall mean the Alignment and Grade Plan, as the same is defined by the City of Temecula Public Works Department, as defined in Section 4.3.4.1. "Develop" or "Development" or "Developing" means the improvement of the Property for purposes consistent with the Development Plan, including, without limitation: 11086\0092\661966.1 4 8/8/01 subdividing, grading, the construction of infrastructure and public facilities related to the Off-Site Improvements, the construction of structures and buildings and the installation of landscaping, all in accordance with the phasing provided for herein. "Development Agreement Legislation" means Sections 65864 through 65869.5 of the California Government Code as it exists on the Agreement Date. "Development Impact Fees" or "DIF" means, individually and in the aggregate, the CITY's currently adopted development impact fees as set forth in Ordinance No. 97-09 in effect as of the Agreement Date as set forth in the Temecula Municipal Code in Section 15.06. "Development Plan" means the plan for Developing the Property contained in this Agreement, the City of Temecula General Plan as amended on ,2001 and as thereafter amended in accordance with Section 3.6 hereof, the Harveston Specific Plan, Rezone, Tentative Tract Map No. 29639 and Tentative Tract Map Nos. 29928, 29929 and 30088, the Project EIR (including Mitigation Monitoring Program) and those Future Development Approvals, approved in conformance with Section 3.7 hereof. Each 0f the documents enumerated in the foregoing, except for the Future Development Approvals, is expressly incorporated by reference as if fully set forth herein and are necessary to interpret and apply this Agreement. Each of the documents are maintained in the official records of the City and shall be utilized whenever required to interpret or apply this Agreement. "Development Plan Approval(s)" means the approvals of the City Council and other governmental agencies and other actions and agreements described in Attachment 3 hereto, including those amendments to this Agreement made in accordance with Section 3.5, those amended to the Development Plan Approvals made in accordance with Section 3.6 and those Future Development Approvals made in accordance with Section 3.7. "Development Transferee" means a person or entity that expressly assumes obligations under this Agreement pursuant to Section 2.5 hereof. "Effective Date" means the date the Authorizing Ordinance becomes effective. "End User" means a buyer, assignee, or transferee of one or more individual subdivided unit(s)/Iot(s) of the Project obtaining such unit(s) or lot(s) for the purpose of occupying or using such lots or units for its own purposes and not for use in the trade or business of further development or further subdivision. The term "End User" includes, but is not limited to, any homeowner's association, merchant's association, or like entity formed with respect to the Property which owns some interest in the Property, home owners, tenants, commercial building owners and owners of multi-family units. 11086\0092\661966.1 5 8/8/01 "Existing Regulations" means, except as otherwise provided herein, those ordinances, rules, regulations and official policies of the CITY other than the Development Plan Approval(s) in effect on the Agreement Date, which (i) are not inconsistent with the Development Plan Approval(s) and this Agreement; and (ii) govern the permitted uses of the Property, building heights, the size of structures, the density and intensity of use of the Property, the timing, fees, and conditions to Development, exactions, assessments, the procedures for, and types of, permits required for the Development, the provisions for reservation or dedication of land for public purposes and the design, improvement and construction standards and specifications applicable to the Property and the infrastructure required for the Development. By way of enumeration, and not limitation, the Existing Regulations include those portions of the items identified on Attachment 4 hereof that are not inconsistent with the Development Plan Approvals and this Agreement. The CITY has certified three copies of each of the documents listed on Attachment 4. The CITY has retained one set of the certified documents and has provided each OWNER with a set. "Future Development Approvals" means those entitlements and approvals that are: (a) made in accordance with Section 3.7; and (b) requested by the CITY or OWNER in order to authorize the Development to occur upon the Property in a manner consistent with the Development Plan Approval(s). By way of enumeration, and not limitation, the Future Development Approvals include actions such as development permits, development plan review, tentative maps, final maps, use permits, variances, grading permits, occupancy permits and building permits. "Interchange Improvements" mean the land and improvements required for a full service Interstate 15, including, without limitations, the Connecting Arterials, within the western approximately one-third of the Project as the same may be approved in accordance with Section 4.3.3 hereof. "Lennar" means LENNAR HOMES, INC., a California corporation. "Lennar Development" means the Development located on the Lennar Property, and Public Infrastructure Improvements related thereto. "Lennar Property" means that certain real property that is part of the Property, as described in ,Attachment 1-A hereto and subject to refinement upon recordation of the Tract Map 29639. "Merchant Builder" means a buyer, assignee, or transferee (other than the OWNER or any End User) of one or more individual lots or tracts of the Project, acquiring such lots or tracts for the purpose of engaging in the business of developing, improving, or using such lots or tracts for development. "OWNER" is Lennar and Winchester and others who subsequently are assigned 11086\0092\661966.1 6 8/8/01 the rights and obligations of OWNER pursuant to Section 2.5.3 hereof. "Planning Commission" means the duly appointed and constituted planning commission of the CITY. "Public Facilities Finance Plan" means the plan attached hereto as Attachment 7. "Public Financing" means the issuance of bonds and related provision of funds for acquisition of public facilities in accordance with the terms and conditions of the Public Facilities Finance Plan. "Public Infrastructure Improvements" mean the improvements and the time for completion thereof as described in Attachment 5 and further described in the Development Plan Approval(s). "Project" means the development of the Property as set forth in the Development Plan Approval(s). "Project EIR" means that environmental impact report prepared for the Project, as certified on ., 2001. "Project Study Report" means Project Study Report approved by Caltrans that delineates the location and nature of the Interchange Improvements. "Property" means that certain real property described in Attachment 1-C hereof. "Specific Plan" means the Harveston Specific Plan, approved by the CITY on , 2001 and as thereafter amended from time to time in accordance with Section 3.6 of this Agreement. Any reference in this Agreement to a Planning Area shall mean the specified Planning Area as the same is set forth in the adopted Specific Plan unless specifically referenced to pertain to another instrument. The Specific Plan is attached hereto as Attachment 11. "Term" means the time frames set forth in Section 2.3. "Winchester" means Winchester Hills I LLC, a California company. "Winchester Development" means the Development located on the Winchester Property, and the Public Infrastructure Improvements related thereto. "Winchester Property" means that certain real property that is a part of the Property, as described in Attachment 1-B hereto and subject to refinement upon recordation of Tract Map No. 29639, or lot line adjustment plat in accordance with Recital 11086\0092\661966.1 7 8/8/01 2. General Provisions. 2.1 Bindin.q Covenants. Except as otherwise provided for in this Agreement, the provisions of this Agreement to the extent permitted by law, constitute covenants which shall run with the Property for the benefit thereof, and the benefits and burdens of this Agreement shall bind and inure to the benefit of the parties, all successors in interest to the parties hereto to the extent provided for in this Agreement. 2.2 Interest of OWNER. OWNER represents that OWNER owns fee simple interest in the Property. 2.3 Term. This Agreement shall become effective on the Effective Date. Unless terminated pursuant to Section 2.4, with respect to the Lennar Property, this Agreement shall terminate at 11:59 p.m. on the tenth (10th) anniversary of the earlier of either (i) the date the CITY issues either the first (1st) building permit for a residential dwelling unit other than a model unit or for a commercial structu re within the Len nar Property or (ii) the second (2d) anniversary of the Effective Date. The termination shall occur subject to specific extensions, force majeure, revisions, and termination provisions ofthisAgreement. Unless terminated pursuant to Section 2.4, with respect to the Winchester Property, this Agreement shall terminate at 11:59 p.m. on the fifteenth (15th) anniversary of the later of either: (i) the date the CITY issues the first (1st) building permit for a non-residential building on the Winchester Property; or (ii) the date the limitations on development imposed by Section 4.3.4 hereof terminate. 2.4 Termination. This Agreement shall be deemed terminated and of no further effect, except for those covenants and agreements that expressly survive termination, upon the occurrence of any of the following events: 2.4.1 If termination occurs pursuant to any specific provision of this Agreement, including, without limitation, a termination in the event of default; 2.4.2 Completion of the total build-out of the Development pursuant to the terms of this Agreement and the CITY's issuance of all required occupancy permits and acceptance of all dedications and improvements required to complete Development; or 2.4.3 Entry after all appeals have been exhausted of a final judgment or issuance of a final order directed to the CITY as a result of any lawsuit filed against the CITY to set aside, withdraw, or abrogate the approval of the City Council of this Agreement. 11086\0092\661966.1 8 8/8/01 2.4.4 The expiration of the Term as set forth in Section 2.3. To provide notice to all, and not as a condition of the effectiveness of a termination of this Agreement, the parties agree to execute and record terminations of or releases of this Agreement. 2.5 Transfers and Assignments. 2.5.1 Right to Transfer or Assign to End User. Each OWNER and any Merchant Builder, shall, without the consent of the CITY or any other party, have the right from time to time and on such number of occasions as it chooses, to sell, assign or otherwise transfer any or all individual lots on final maps approved on the Property or any portion thereof, to any End User at any time during the Term of this Agreement. Absent an express written assumption of the obligations or rights hereunder, upon the sale, assignment, or other transfer to an End User of one or more individual lots, this Agreement shall terminate with respect to such lots without the execution or recordation of any further documentation. For purposes of documentation only, the transferor/assignor shall provide CITY with written notice of the name of any End User, that assumed rights or obligations hereunder, together with a description of the assumed rights and obligations. 2.5.2 Right to Assign to Merchant Builder. Provided OWNER has previously delivered the security required of that OWNER by Section 2.5.4 hereof to the CITY, that OWNER shall, without the consent of the CITY or any other party, have the right from time to time and on such number of occasions as it chooses to sell, assign or otherwise transfer its interests in a portion of the Property together with some or all of its rights and obligations under this Agreement with respect to the portion of the Property which is subject to transfer (the "Transferred Property"), to any Merchant Builder at any time during the Term of this Agreement. If the OWNER has not delivered the security required of that OWNER by Section 2.5.4 hereof to the CITY, any assignment or transfer of the Transferred Property together with some or all of that OWNER's rights and obligations under this Agreement with respect to the Transferred Property to a Merchant Builder requires the prior written consent of the CITY, which consent shall not be unreasonably withheld or delayed. Any transfer or assignment must be pursuant to a sale, assignment or other transfer of an interest of such OWNER in a portion of the Property and shall be subject to the following criteria and conditions: (i) the transferor/assignor shall notify the CITY at least twenty (20) days prior to the transfer of the name of the Merchant Builder, together with the corresponding rights and obligations, if any, being transferred to such Merchant Builder; and (ii) the agreement between the transferor/assignor and Merchant Builder pertaining to such transfer shall provide, and OWNER shall give CITY notice of such provision, which obligations of OWNER under this Agreement the Merchant Builder shall be liable to perform, and acknowledging those obligations OWNER retains. 11086\0092\661966.1 9 8/8/01 2.5.3 Assignment of Rights to Subsequent Owner. Provided OWNER has previously delivered the security required of that OWNER by Section 2.5.4 hereof to the CITY, that OWNER shall, without the consent of the CITY or any other party, have the right from time to time and on such number of occasions as it chooses to sell, assign or otherwise transfer its interests in the Transferred Property together with its rights and obligations under this Agreement as an OWNER with respect to the Transferred Property to another person or entity ("Subsequent Owner") at any time during the Term of this Agreement. If the OWNER has not delivered the security required of that OWNER by Section 2.5.4 hereof to the CITY, any assignment or transfer of the Transferred Property together with its rights and obligations under this Agreement as an OWNER with respect to the Transferred Property to a Subsequent Owner requires the prior written consent of the CITY, which consent shall not be unreasonably withheld or delayed. Any transfer or assignment must be pursuant to a sale, assignment or other transfer of an interest of such OWNER in a portion of the Property and shall be subject to the following criteria and conditions: (i) the transferor/assignor shall notify the CITY at least twenty (20) days prior to the transfer of the name of the Subsequent Owner, together with the corresponding rights and obligations, if any, being transferred to such Subsequent Owner; and (ii) the agreement between the Owner and Subsequent Owner pertaining to such transfer shall provide, and OWNER shall give CITY notice of such provision, which obligations of OWNER under this Agreement the Subsequent Owner shall be liable to perform and acknowledging those obligations OWN ER retains. Upon transfer of title to the Transferred Property, the Subsequent Owner will be considered an OWNER for all purposes under this Agreement. 2.5.4 Security for Transfer. With respect to the Lennar Property, prior to transferring or assigning all or a portion of that portion Property without obtaining the prior written consent of the CITY, Lennar shall post a corporate guarantee as security for the construction of the improvements described in Attachment 5 in an amount equal to the costs attributed the those improvements listed on Attachment 5. The amount of the corporate guarantee will be proportionately reduced as the improvements described in Attachment 5 are completed. 3. Development Provisions. 3.1 Vesting. 3.1.1 Project. CITY covenants that OWNER has, and OWNER shall have, the right to implement the Development pursuant to the Development Plan Approvals and the Existing Regulations, including, without limitation, specific uses, the intensities identified in Attachment 8, building heights, building sizes, lot sizes, infrastructure standards and specifications, densities and types of development provided for in the Specific Plan, and the CITY shall have the right to control the Development in accordance 11086\0092\661966.1 10 8/8/01 with the Existing Regulations and the Development Plan Approval(s) ("vested right"). By way of enumeration, and not limitation, the vested rights afforded by this Agreement include those identified in Attachment 8 hereof. Except as otherwise expressly specified in this Agreement, the Development Plan Approval(s) shall control the design and development, and review and approval of all Future Development Approvals and all Off-Site Improvements and appurtenances in connection therewith. Except to the extent it has been amended, canceled, modified or suspended in accordance with the terms of this Agreement, this Agreement shall be enforceable by OWNER or its assignees notwithstanding any change in any Existing Regulation. 3.1.2 Limits on Development. The California Supreme Court held in Pardee Construction Company v. City of Camarillo, 37 Cal.3d 465 (1984), that the failure of the parties to address certain limits on a CITY's ability to condition, restrict or regulate a development allowed a later adopted initiative to restrict the development. This Agreement cures that deficiency by expressly addressing the timing for the Development, the vested rights afforded by this Agreement and the scope of the CITY's Reserved Authority. Except as expressly set forth in the Development Plan Approval(s), regardless of any future enactment, by initiative, or otherwise, OWNER shall have the discretion to develop the Development in such order, and at such rate, in one phase or in multiple phases, at such times as OWNER deems appropriate within the exercise of its subjective business judgment. Specifically, the CITY agrees that OWNER shall be entitled to apply for and receive the Future Development Approvals and to develop and use the Property at any time, provided that such application is made and such development occurs in accordance with this Agreement, the other Development Plan Approval(s) and the Existing Regulations. The CITY covenants that no Existing Regulation purports to limit the scope, rate or timing of Development or alter the sequencing of Development in a manner inconsistent with the Development Plan Approval(s). No future amendment of any CITY law, or future adoption of any CITY law or other action, that purports to limit the scope, rate or timing of Development on the Property or alter the sequencing of the Development, in a manner inconsistent with the Development Plan Approval(s), whether adopted or imposed by the City Council or through the initiative or referendum process, shall apply to the Property. In particular, but without limiting any of the foregoing, no numerical restriction shall be placed by CITY on the number of dwellings units or amount of commercial development that may be built in any particular year on any portion of the Property other than as expressly permitted by this Agreement. 3.1.3 Entitlements, Permits and Approvals - Cooperation. 3.1.3.1 Processing. CITY agrees that it shall accept and expeditiously process, pursuant to CITY's regular procedures, OWNER's applications for amendments to this Agreement, amendments to the Development Plan Approval(s) and the Future Development Approvals. 11086\0092\661966.1 1 1 8/8/01 3.1.3.2 Further Mitigation. In connection with the issuance of any Future Development Approvals which are subject to review under CEQA, unless required under the California Public Resource Code and the Guidelines promulgated thereunder, the CITY shall not impose any environmental land use project alternatives or mitigation measures on OWNER orthe Property beyond those referenced in the Development Plan Approval(s). 3.1.3.3 Other Permits. The CITY further agrees to reasonably cooperate with OWNER, at no cost to the CITY, in securing any County, State and Federal permits or authorizations which may be required in connection with Development of the Property. Except as expressly provided for in this Agreement, this cooperation shall not require any economic contribution or similar consideration by the CITY. 3.1.3.4 Litigation. The CITY agrees to reasonably cooperate with OWNER in all reasonable manners in order to keep this Agreement in full force and effect. Lf any legal action is instituted by a third party or other governmental entity or official challenging the Development Plan Approval(s) or Future Development Approvals, the parties hereby agree to cooperate in jointly defending such action. Notwithstanding the foregoing OWNER shall be responsible for all costs, including, but not limited to, attorneys fees, costs, expert witnesses and the like. OWNER shall reimburse CITY its costs within thirty (30) calendar days of receipt of any invoice by OWNER. 3.1.3.5 Acquisition of Off-Site Property. The CITY shall not postpone or refuse approval of a Future Development Approval because the OWNER or Development Transferee has failed to acquire off-site property required for the construction or installation of Off-Site Improvements. To the extent the CLTY, OWNER or a Development Transferee does not have sufficient title or interest to permit the Public Infrastructure Improvements to be made at the time the Future Development Approval is filed with the CITY, the applicable OWNER or Development Transferee shall make a good faith effort to acquire the required property. If the OWNER or Development Transferee is unable to acquire the required property, the CITY shall consider in good faith the acquisition of the required property. If the CITY is unable to acquire the required property by negotiation or condemnation within the time frame provided for in Government Code Section 66462.5, the CITY shall continue to issue Future Development Approvals for the Project despite the fact that the improvement has not been completed. Notwithstanding the above, the CITY's obligation to continue to issue Future Development Approvals as provided for in this Section is contingent upon: (i) the applicable OWNER or Development Transferee submitting the improvement plans required for the improvement to the CLTY; and (ii) consistent with Government Code Section 66462.5, the OWNER or Development Transferee entering into a mutually acceptable agreement with the CITY that requires the OWNER or Development Transferee to reimburse the City for the costs incurred in acquiring the land and to construct the improvement at such time as the CITY acquires the required land 11086\0092\661966.1 12 8/8/01 3.2 Reserved Authority. 3.2.1 Uniform Codes. This Agreement shall not prevent the CITY from applying new uniform construction standards adopted by the State of California as State Codes, such as the Uniform Building Code, National Electrical Code, Uniform Mechanical Code or Uniform Fire Code, to the Development, provided those same standards are applied to all other development within the CITY. 3.2.2 State and Federal Laws and Regulations. Subject to compliance with the requirements of this Section 3.2.2, the Property may be subject to subsequently enacted state or federal laws or regulations which preempt local regulations, or mandate the adoption of local regulations, and are in conflict with the Development Plan Approval(s). Upon discovery of a subsequently enacted federal or state law meeting the requirements of this Section, CITY or OWNER shall provide the other parties with written notice of the state or federal law or regulation, provide a copy of the law or regulation, and a written statement of conflicts with the provisions of this Agreement. Promptly thereafter CITY and OWNER shall meet and confer in good faith in a reasonable attempt to determine whether a modification or suspension of this Agreement, in whole or in part, is necessary to comply with such federal or state law or regulation. In such negotiations, CITY and OWNER agree to preserve the terms of this Agreement and the rights of OWNER as derived from this Agreement to the maximum feasible extent while resolving the conflict. CITY agrees to cooperate with OWNER in resolving the conflict in a manner which minimizes any financial impact of the conflict upon OWNER without materially increasing the financial obligations of CITY under this Agreement. CITY also agrees to process in a prompt manner OWNER's proposed changes to the Project as may be necessary to comply with such Federal or State law; provided, however, that the approval of such changes by CITY shall be subject to the discretion of CITY, consistent with this Agreement. 3.2.3 Regulation for Health and Safety. Nothing in this Agreement shall be construed to be in derogation of CITY's police power to protect the public health and safety from a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate and interim action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services involving the Property or the immediate community ("Exigent Event"). Upon discovery of an Exigent Event, CITY may suspend this Agreement for a period reasonably necessaryto analyze, evaluate and develop a response to the Exigent Event. Immediately thereafter, the suspension shall end and CITY shall provide the OWNER with written notice of the existence of the Exigent Event, a detailed explanation of the CITY's proposed action, and a written statement of conflicts with the provisions of this Agreement. Promptly thereafter CITY and OWNER shall meet and confer in good faith in a reasonable attempt to determine whether a modification or suspension of this Agreement, in whole or in part, is necessary to comply with the Exigent Event. In such negotiations, CITY and OWNER agree to preserve the terms of this 11086\0092\661966.1 13 8/8/01 Agreement and the rights of OWNER as derived from this Agreement to the maximum feasible extent while resolving the conflict. CITY agrees to cooperate with OWNER in resolving the conflict in a manner which minimizes any financial impact of the conflict upon OWNER without materially increasing the financial obligations of CITY under this Agreement. CITY also agrees to process in an expedited manner OWNER's proposed changes to the Project as may be necessary to comply with the Exigent Event; provided, however, that the approval of such changes by CITY shall be subject to the discretion of CITY, consistent with this Agreement. 3.3 Authority. Further Assurances to OWNER Regarding Exercise of Reserved 3.3.1 Assurances to OWNER. The parties further acknowledge that the public benefits to be provided by OWNER to the CITY pursuant to this Agreement are in consideration for and reliance upon assurances that the Property can be developed in accordance with the Development Plan Approval(s) and the Existing Regulations. Accordingly, while recognizing that the Development of the Property may be affected by the exercise of the authority and rights reserved and excepted as provided in Sections 3.1 ("Vesting") and 3.2 ("Reserved Authority"), OWNER is concerned that normally the judiciary extends to local agencies significant deference in the adoption of rules, regulations and policies which might otherwise permit the CITY, in violation of the Reserved Authority, to attempt to apply rules, regulations and policies that are inconsistent with the Development Plan Approval(s). Accordingly, OWN ER desires assurances that the CITY shall not, and the CITY agrees that it shall not, further restrict or limit the development of the Property in violation of this Agreement except in strict accordance with the Reserved Authority, which exercising of the Reserved Authority as defined herein shall not be considered to be a violation of this Agreement. CITY agrees that CITY will issue grading, building and occupancy permits if the Development contemplated in the requested permit substantially conforms to the Developing Plan Approval(s), including all relevant conditions of approval, and the Existing Regulations. 3.3.2 Judicial Review. Based on the foregoing, if OWNER judicially (including by way of a reference proceeding) challenges the application of a future rule, regulation or policy as being in violation of this Agreement and as not being applied in accordance with the Reserved Authority, OWNER shall bear the burden of alleging that such rule, regulation or policy is inconsistent with the Existing Regulations and the Development Plan Approval(s) and the CITY shall thereafter bear the burden of proof in establishing by a preponderance of the evidence that such regulation was adopted pursuant to and in accordance with the Reserved Authority and was not applied by the CITY in violation of this Agreement. 3.4 Consistent and Inconsistent Enactments. 11086\0092\661966.1 14 8/8/01 3.4.1 No Conflicting Enactments. The CITY shall not enact a rule, regulation, ordinance, policy, permit or other measure (collectively "law"), nor take any action applicable to the Project or the Property, which governs the rate, timing, scope, intensity, use, density, manner, or sequencing of the Development, or any part thereof and which is inconsistent or in conflict with the Development Plan Approval(s). By way of enumeration, and not limitation, any law, action or inaction, whether by specific reference to the Project, this Agreement or otherwise, shall be considered to conflict if it: 3.4.1.1 Restricts the vested rights described in the Agreement or in any way limits or reduces the rate, timing, scope, intensity, use, density, manner, or sequencing of the Development or otherwise requires any reduction or increase in the number, size, height or square footage of lot(s), structures, buildings or other improvements, modifies the standards and specifications applicable to the infrastructure required for the Development or requires additional dedications, exactions, fees or mitigation other than that provided for in the Agreement; 3.4.1.2 Is consistent with Section 3.4.1.1 hereof, but is not uniformly applied by the CITY to all substantially similar development within the CITY; or 3.4.1.3 Imposes a new permit requirement or procedure not already part of the Existing Regulations. 3.4.2 Consistent Enactments. By way of enumeration and not limitation, the following types of enactments shall be considered consistent with this Agreement and Existing Regulations and not in conflict: 3.4.2.1 Transfers of units or permitted uses within the Property as provided for in Section 11.2 of the Specific Plan; 3.4.2.2 Changes in the phasing of the Development pursuant to an application from OWNER and as approved by the CITY; and 3.4.2.3 Any enactment authorized by this Agreement. 3.4.3 Consistency Between This Agreement, the Development Plan Approval(s) and Existing Regulations. To the extent a conflict exists or develops between the Existing Regulations and the Development Plan Approval(s), the Development Plan Approval(s) shall be controlling. To the extent a conflict exists or develops between the combination of this Agreement and the Existing Regulations and any other Development Plan Approval(s), this Agreement shall be controlling. 11086\0092\661966.1 15 8/8/01 3.5 Amendment of Development Aqreement. 3.5.'1 Initiation of Amendment. Either CITY or OWNER may propose an amendment to this Agreement. Lennar acknowledges that it shall not initiate an amendment of this Agreement with respect to the Development of the Winchester Property. Winchester acknowledges that it shall not initiate an amendment of this Agreement with respect to the Development of the Lennar Property. No Development Transferee assigned the rights and obligations of an OWNER pursuant to Section 2.5.3 shall have the right to initiate an amendment with respect to any property other than the portion of the Property owned by that Development Transferee. Both CITY and OWNER agree that it may be beneficial to enter into an amendment of this Agreement in connection with the implementation of the separate components of the Project. Neither an End User, a Merchant Builder nor a Development Transferee shall have the right to initiate an amendment of this Agreement without the written consent of the OWNER. An operating memorandum, as defined below, is not an amendment of this Agreement. 3.5.2 Changes Requiring an Amendment. Unless otherwise required by law, neither an amendment to the Development Plan Approval(s) or the approval of a Future Development Approval shall require an amendment of this Agreement unless the amendment: 3.5.2.1 Materially alters the permitted uses of the Property as a whole in a manner inconsistent with the procedures established in the Specific Plan; 3.5.2.2 Increases the density or intensity of use of the Property as a whole in a manner inconsistent with the procedures established in the Specific Plan; or 3.5.2.3 Increases the maximum height and size of permitted buildings. Notwithstanding anything to the contrary herein, an amendment of this Agreement is not required if OWNER pursues entitlements, permits or approvals pursuant to a waiver of vested rights as provided for in Section 4.1. 3.5.3 Procedure. Except as set forth in Section 3.5.5 below, the procedure for proposing and adopting an amendment to this Agreement shall be the same as the procedure required for entering into this Agreement in the first instance. 3.5.4 Consent. Any amendment to this Agreement shall require the written consent of both the CITY and the OWNER whose portion of the Property would be materially affected by the amendment. No amendment to all or any provision of this Agreement shall be effective unless set forth in writing, signed by duly authorized representatives of the CITY and the applicable OWNER, and adopted pursuant to legal requirements imposed on CITY. An amendment of this Agreement does not require the consent of an End User, Merchant Builder or Development Transferee. To the extent the 11086\0092\661966.1 16 8/8/01 consent of the OWNER that did not initiate the amendment is necessary, that OWNER shall not unreasonablywithhold its consent. Notwithstanding the above, that OWNER shall consent to the amendment on or before the thirtieth (30th) day after receipt of notice of the initiation of the amendment if, as determined in that OWNER's reasonable business judgment, that proposed amendment will not have a material adverse impact on the Development of that OWNER's portion of the Property. 3.5.5 Operating Memoranda. The parties acknowledge that refinements and further development of the Project may demonstrate that changes are appropriate with respect to the details and performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Development Plan and with respect to those items covered in general terms under this Agreement. If and when the City and an Owner or Owners mutually find that changes, adjustments, or clarifications are appropriate to further the intended purposes of this Agreement, and such are not materially inconsistent with the Development Plan Approval(s), they may, unless otherwise required by law, effectuate such changes, adjustments, or clarifications without amendment to this Agreement through one or more operating memoranda mutually approved by the City Manager, or designee, on behalf of the CITY and by any corporate officer or other person designated for such purpose in a writing signed by a corporate officer on behalf of that respective OWNER, which, after execution, shall be attached hereto as addenda and become a part hereof. Unless otherwise required by law or by the Development Plan Approval(s), no such changes, adjustments, or clarifications shall require prior notice or hearing, public or otherwise. Nothing herein shall authorize the delegation of authority to the City Manager, or designee, contrary to California or Federal Law. 3.6 Future Amendments to Development Plan Approval(s). The following rules apply to future amendments to the Development Plan Approval(s), except that Section 3.5 shall control with respect to an amendment of this Agreement and Section 3.7 shall control with respect to Future Development Approvals: 3.6.1 OWNER's Written Consent. It is contemplated by the parties that mutually agreed upon amendments to the Development Plan Approval(s) may be necessary. Any amendments to the Development Plan Approval(s) to which OWN ER does not agree in writing shall not apply to the Property or the Project while this Agreement is in effect. 3.6.2 Concurrent Development Agreement Amendment. Any other Development Plan amendment requiring amendment of this Agreement, as provided for in Section 3.5 hereof, shall be processed concurrently with an amendment to this Agreement in the manner required by law. 3.6.3 Effect of Amendment. Except as expressly set forth within this 11086\0092\661966.1 17 8/8/01 Agreement, an amendment of the other Development Plan Approval(s) will not alter, affect, impair or otherwise impact the rights, duties and obligations of the parties under this Agreement. To the extent an amendment to the Development Plan Approval(s) is approved in accordance with Section 3.6.1, the amendment shall constitute for all purposes a Development Plan Approval and shall be treated as if it were in existence on the Agreement Date. 3.7 Future Development Approvals. 3.7.1 Exercise of CITY Discretion. In connection with Future Development Approval or any other actions which the CITY is expressly permitted to make under this Agreement relating to the Project, the CITY shall exercise its discretion or take action in a manner which complies and is consistent with the Development Plan Approval(s) and the Existing Regulations. 3.7,2 Concurrent Development Agreement Amendment. Any Future Development Approval requiring amendment of this Agreement, as provided for in Section 3.5 hereof, shall be processed concurrentlywith an amendment to this Agreement. 3.7.3 Effect of Future Development Approvals. Except as expressly set forth within this Section 3.7, a Future Development Approval will not alter, affect, impair or otherwise impact the rights, duties and obligations of the parties under this Agreement. To the extent a Future Development Approval is approved in accordance with Sections 3.7.1 and 3.7.2, the Future Development Approval shall constitute for all purposes a Development Plan Approval and shall be treated .as if it were in existence on the Agreement Date. 4. Obligations of the Parties. 4.1 Benefits to CITY. The direct and indirect benefits the CITY (including, without limitation the existing and future residents of the CITY) will receive from the approval of the Development Plan Approval(s) generally include, but are not limited to, the items identified below. Nothing in the Development Plan Approval(s) or otherwise obligate OWNERS to construct the Development or any part thereof. OWNER further reserves the right to waive, in whole or in part, the vested rights afforded by the Development Plan Approval(s), and pursue entitlements, permits or approvals other than those provided for in the Development Plan Approval(s). 4.1.1 Growth Management. The City agrees that the Project conforms to the CITY's policy to require development provide beneficial and managed growth through the use of, among other things, comprehensive planning and design, project-wide continuity of landscaping and architectural design, design standards and layout concepts and amenities exceeding the CITY's standards for residential development, and the 11086\0092\661966.1 18 8/8/01 village-center concept. 4.1.2 Schools. The provision of a site for a new elementary school and the construction of such school on an "up front" basis to assist the local school district in meeting current area needs as well as creating adequate capacity for future needs. 4.1.3 Parks and Recreation. The public parks and other recreational facilities to be dedicated and/or constructed as provided for in this Section 4 satisfy the CITY's requirements for open space and parks, and contribute to meeting the need for open space and parks in the area, including, without limitation, the 16.5 acre Community Park, and Winchester Creek Park. 4.1.4 Project Benefits. In addition to the above benefits, the Project will provide those benefits identified in Attachment 2 hereof. 4.2 Development Fees. 4.2.1 Fee Rates. The CITY hereby agrees that neither the Property OWNER, Transferee, Merchant Builder, End User nor, except as provided hereunder, the Development shall be subject to any revised fees or charges, including, without limitation, Development Impact Fees, except as provided in 4.2.2, that the CITY may enact, adopt, or impose on or after the Agreement Date; provided that OWNER may elect to have the Development governed by fee rates made available to other owners and developers within the CITY after the Agreement Date. 4.2.2 Processing and Application Fees. OWNERshallpaytheapplication and processing fees customarily imposed on the type of entitlement sought at the rate, and in the amount, imposed by CITY pursuant to the fee schedule, resolution or ordinance applicable to all projects in the CITY and in effect at the time the application is deemed complete and accepted by CITY for action. 4.2.3 Fees for the Lennar Property. Except as expressly modified in this Agreement, the presently adopted Development Impact Fees as charged by the CITY on the Agreement Date shall be imposed upon Lennar Development at the rate in effect as of the Agreement Date. The Development Impact Fees imposed on the Lennar Development are not subject to upward adjustment. DIF payments shall be made at the time of the issuance of building permits. 4.2.3.1 TUMFFeesfortheLennarProperty. TheClTYandLennar acknowledge that a Traffic Uniform Mitigation Fee (the "TUMF") program is currently being considered and that no such TUMF has been adopted by the County of Riverside or by the CITY. To the extent a TUMF is adopted, the CITY and Lennar agree that the Lennar Property's obligations under TUMF shall be deemed satisfied through: (i) Lennar's or the 11086\0092\661966.1 19 8/8/01 Lennar Property's participation in and payment of special taxes under Community Facilities District 98-1 or subsequent district formed pursuant to Section 4.4; (ii) any future special taxes paid by Lennar or the Lennar Property imposed under Community Facilities District 98-1 or subsequent districts formed pursuant to Section 4.4; (iii) all off-site Public Infrastructure Improvements and other infrastructure improvements to be constructed or financed by Lennar under this Agreement; and (iv) Lennar's agreement to dedicate to the CITY and/or a district such rights of way as may be required for Public Infrastructure Improvements and other infrastructure improvements. 4.2.3.2 Fire Protection Facilities Fee for the Lennar Property. Upon the issuance of a building permit for a dwelling unit or commemial structure within the Lennar Development, the Lennar Development shall pay the Fire Protection Facilities Component of the DIF at the rate specified for that building permit in the DIF Ordinance in effect on the Agreement Date. Lennar agrees to pay to the CITY an additional Fire Protection Facility fee of One Hundred Fifty Thousand Dollars ($150,000) prior to the issuance of the first (1st) residential building permit for a dwelling unit other than a model home. CITY agrees to dedicate this additional fee to Fire Protection Facilities and equipment that service the Lennar Development. 4.2.3.3 Credit for Other Development Impact Fees for the Lennar Property. CITY shall credit Lennar for the following DIF components and consider the Lennar Development's obligation with respect to those DIF components to be paid in full. 4.2.3.3.1 Park and Recreation Fee Component. CITY acknowledges that Lennar will construct park and recreation improvements that satisfy the Lennar Development's obligation with respect to Park and Recreation Fee Component of the DIF. CITY agrees that one hundred pement (100%) of the Lennar Development's obligation with respect to the Park and Recreation Fee Component of the DIF shall be credited to Lennar upon CITY's acceptance of the park and recreation improvements Lennar is required to design, construct and deliver to CITY. Notwithstanding the foregoing, Lennar shall not be required to pay this component of the DIF, or a portion thereof, unless and until the CITY determines that Lennar: (i) is in default as to its obligation to design, construct and deliver a required park and recreation improvements pursuant to this Agreement; and (ii) has not designed, constructed or financed other improvements which the City and Lennar agree entitle Lennar to credit in an amount at least equal to the amount of the component of the DIF at issue. 4.2.3.3.2 Street Improvement Fee Component. CITY acknowledges that Lennar has or shall construct or finance, street improvements at a cost in excess of the Lennar Development's obligation with respect to the Street Improvements Component of the DIF. CITY agrees that one hundred percent (100%) of the Lennar Development's obligation with respect to the Street Improvement Component of the DIF shall be credited to Lennar upon CITY's acceptance of the Public Infrastructure 11086\0092\661966.1 20 8/8/01 Improvements. The Public Infrastructure Improvements and an estimate of the amount of credits due are described on Attachment 5. Notwithstanding the foregoing Lennar shall not be required to pay this component, or a portion thereof, of the DIF unless and until the CITY determines that Lennar: (i) is in default as to the obligation to complete the Public Infrastructure Improvements pursuant to this Agreement; and (ii) has not designed, constructed or financed other street improvements for which Lennar would be entitled to credit in an amount at least equal to the amount of the component of the DIF at issue. 4.2.3.3.3 Traffic Signal Fee Components. CITY acknowledges that Lennar has constructed or financed, and that Lennar will construct or finance, traffic signal related improvements in an amount in excess of the Lennar Development's obligation with respect to the Traffic Signal Fee Component of the DIF. CITY agrees that one hundred percent (100%) of the Lennar Development's obligation with respect to the Traffic Signal Component of the DI F shall be credited to Lennar upon CITY's acceptance of the Public Infrastructure Improvements. Notwithstanding the foregoing Lennar shall not be required to pay this component of the DIF, or a portion thereof, unless and until the CITY determines Lennar: (i) is in default as to the obligation to complete the Public Infrastructure Improvements pursuant to this Agreement; and (ii) has not designed, constructed or financed other improvements for which Lennar would be entitled to credit in an amount at least equal to the amount of the component of the DIF at issue. The Public Infrastructure Improvements and an estimate of the amount of credits due are described on Attachment 5. 4.2.4 Fees Applicable to the Winchester Property. 4.2.4.1 Development Impact Fees Subject to Full Credit; Limitation. Winchester shall, upon delivery to the City of the Grant Deed referenced in Section 4.3, receive full credit for the Development Impact Fees set forth hereunder. In the event the Grant Deed is not delivered pursuant to this Agreement, the Development Impact Fees identified in this Section 4.2.4.1 shall be due and payable by Winchester at the time of application for building permits in the amount the City has imposed. Component Street System Improvements Traffic Signals and Traffic Control Systems Type of Land Use Credit Office 100% Retail Commercial 100% Service Commercial 100% Business Park/Industrial 100% Office 100% Retail Commercial 100% Service Commercial 100% Business Park/Industrial 100% 11086\0092\661966.1 21 8/8/01 4.2.4.2 Development Impact Fees Winchester Must Pay. Winchester shall pay, at the time of application for building permits, the fee amount then in effect, subject to the following maximum amounts: Component Type of Land Use Current Proposed Fees Maximum With 2.2% BCl Fees (~) (2) Corporate Office 0.050 O. 100 Facilities Retail Commercial 0.124 0.248 Sen/ice Commercial 0.066 O. 136 Business Park/Industrial 0.042 0.084 Fire Protection Office 0.131 0.262 Facilities Retail Commercial 0.024 0.048 Sen/ice Commercial 0.016 0.036 Business Park/industrial 0.016 0.032 These payable Development Impact Fees are to be assessed on Winchester's nonresidential development by multiplying the square foot based fee by the square footage comprising the gross building area of the structure for which a building permit is sought. 4.2.4.3 Development Impact Fees; Land Use Based Exemptions. Winchester is not required to pay the Development Impact Fees set forth hereunder so long as no residential development occurs on the Winchester Property. In the event residential development does occur, Winchester shall pay the amount then due at the time of building application. Park and Recreation Improvements Office Retail Commercial Service Commercial Business Park/Industrial Libraries Office Retail Commercial Service Commercial Business Park/Industrial] 4.2.4.4 TUMF Fees for the Winchester Property. The CITY and Winchester acknowledge that a Traffic Uniform Mitigation Fee (the "TUMF") program is currently being considered and that no such TUMF has been adopted by the County of Riverside or by the CITY. To the extent a TUMF is adopted, the CITY and Winchester agree that the Winchester Property's obligations under TUMF shall be deemed satisfied 11086\0092\661966.1 22 8/8/01 through: (i) Winchester's or the Winchester Property's participation in and payment of special taxes under Community Facilities District 98-1 or subsequent district formed pursuant to Section 4.4; (ii) any future special taxes paid by Winchester or the Winchester Property imposed under Community Facilities District 98-1 or subsequent districts formed pursuant to Section 4.4; (iii) all off-site Public Infrastructure Improvements and other infrastructure improvements to be constructed or financed by Winchester under this Agreement; and (iv) Winchester's conveyance of the real property described in Section 4.3 of this Agreement. 4.3 Related Real Property Conveyances; Conditions to Development Agreement. 4.3.1 Intent of the Parties. The CITY and OWNER agree that the entitlements, vesting and other rights that will allow OWNER to develop the Project in accordance with the Development Plan Approval(s), along with the timely completion and performance of the real estate transactions and the related agreements described hereafter are a material component of the consideration each party has relied upon in its respective decision to enter into this Agreement. OWNER and the CITY, individually and collectively, represent that neither party would have entered into this Agreement but for these commitments. Termination of this Agreement terminates the obligation of the applicable party to perform with respect to those items discussed in Sections 4.3, 4.4, 4.5, 4.6 and 4.7. 4.3.2 Community Park. In consideration of the CITY's performance pursuant to the terms of this Agreement, Lennar has agreed to design and construct a 16.5 acre community park in the approximate location depicted in the Specific Plan ("Community Park"). The following describes Lennar's and the CITY's rights and obligations with respect to the Community Park. 4.3.2.1 All real property shall be conveyed as provided for in Section 4.3.6. Lennar shall demonstrate the condition of title pursuant to a CLTA title insurance policies, in amount equal to the fair market value of the land. 4.3.2.2 Prior to the issuance of the first building permit in Phase II, as such phase is identified in the Specific Plan, Lennar agrees to construct, complete the 90-day maintenance period to the satisfaction of the Director of Community Services and dedicate fee title to the Community Park. 4.3.2.3 Lennar shall workwith the Cityto design the Community Park site to the reasonable satisfaction of the Director of Community Services and consistent with the requirements of Section 6.0 of the Specific Plan. In summary, the Community Park will generally be improved with two (2) full sized soccer fields, two (2) full sized softball fields, appropriate athletic field lighting, a restroom/snack bar facility consisting of separate 11086\0092\661966.1 23 8/6/01 male and female facilities, and a snack bar facility of 1800 square feet containing utilities, age appropriate play structures, concrete walking paths and parking improvements. The CITY's present cost estimate for the design and construction of the improvements for the park site is $2,500,000.00. The park Development Impact Fee credit allocated to Lennar under this Agreement for the design and construction ofthe park is $2,500,000.00. Lennar shall provide verification to the CITY of actual design and construction cost. Any and all Community Park design and construction cost in excess of $2,500,000.00 shall be the sole responsibility of Lennar. The developer shall also be responsible to design and construct not less than half-width street and right-of-way improvements together with necessary temporary and permanent access to the Community Park at the developer's cost with no credits towards the Park and Recreation Component of the DIF. City and Lennar acknowledge that Lennar is further being credited the amount of Six Hundred Thousand Dollars ($600,000.00) for the private recreational improvements that will be developed. 4.3.2.4 CITY and Lennar agree to cooperate on the design of the Community Park. Conceptual plans for the Community Park are incorporated into the Specific Plan. Lennar shall prepare schematic plans for the Community Park and submit the same for review and approval by the CITY. Following approval of the schematic plans, the Lennar shall prepare construction plans and submit the same for review and approval by the CITY. 4.3.2.5 Notwithstanding anything to the contrary herein, CITY shall continue to issue building and occupancy permits for residential units within the Lennar Property even if the total number of building permits exceeds the threshold established in Section 4.3.2.2 if; (i) the CITY fails to act on the plans in a reasonable time frame; or (ii) an event described in Sections 9.3 or 9.4 occurs, including, without limitation, the failure to determine the final and permanent alignment of Ynez Road, and Lennar and CITY determine in their reasonable discretion that the event will cause, or has caused, Lennar to not be able to substantially complete the Community Park improvements (including the 90 day maintenance period) within the time frame provided for in Section 4.3.2.2. 4.3.3 Intent of the Parties. The City believes that a full service freeway interchange servicing Interstate 15 will be required to be built, in whole or in part, on a portion of OWNER'S real property. The California Department of transportation ("Caltrans") is presently reviewing the Interstate 15 corridor to determine the site for this interchange. Caltrans analysis is being conducted pursuant to a Project Study Report. CITY desires to obtain from the OWNER the real property upon which the freeway interchange is to be built, at no cost to CITY or the public and as a material component of the consideration CITY obtains from OWNER in exchange for CITY's promises as set forth in this Agreement. Because the Project Study Report is not yet finalized and approved by Caltrans the precise location and acreage of the real property necessary for the freeway 11086\0092\661966.1 24 8/8/01 interchange is unknown. The CITY and OWNER agree that it would be detrimental to their respective interests to either (i) prematurely designate the location and amount of real property OWNER is to convey in fee simple to CITY and (ii) defer the designation of the subject real property for an extended timeframe so as to interfere with OWNER's opportunities to beneficially develop the freeway frontage area. CITY and OWNER have agreed upon terms and conditions that each party believes provide the flexibility to allow each to reasonably satisfy their respective goals and objectives. CITY's goals are to (i) obtain, at no cost to the CITY or State fee title to the real property necessary to accommodate a full service interchange; (ii) to have the flexibility to make minor adjustments to the conveyed real property to accommodate future adjustments in the interchange design; and (iii) to allow OWNER the greatest flexibility to utilize the remainder of its property at the earliest reasonable time. OWNER's goals are to (i) convey fee title to the real property CITY determines to be necessary for freeway interchange development (ii) to complete such conveyance on or before January 1,2003; and (iii) to obtain reasonable flexibility in the use of its remainder real property. Winchester shall provide CITY an "Interchange Improvement Area" along the western edge of the Winchester Property abutting Interstate 15, as follows: 4.3.3.1 Time. The conveyance shall occur thirty (30) calendar days after City approval of the Connecting Arterials Plan. 4.3.3.2 Location and Area. The Interchange Improvement Area is currently estimated not to exceed ten (10) acres, but the actual amount will depend on the known or anticipated needs of Caltrans. The Interchange Improvement Area will be contiguous to Interstate 15 and large enough to accommodate a full service interchange and defined by the following subsections: 4.3.3.2.1 With Project Study Report. The location and amount of the grant shall be based on an approved Project .Study Report, if one is available. 4.3.3.2.2 Without Project Study Report. If an approved Project Study Report is not available when the conveyance is made, the location and amount of the conveyance shall be determined in the reasonable discretion o7 the City Engineer based on the following criteria: The City Engineer's discretion shall be based on current professional engineering standards for similar freeway interchange improvements. The City Engineer shall allow space for an overpass and for on-ramps and off-ramps to and from northbound 1-15 to and from Date (or Cherry) Street immediately adjacent to the freeway, east of the freeway. The allowable space shall include customary roadway, curb, gutters, drainage, signs, fencing, landscaping, and slope maintenance areas for the 11086\0092\661966.1 25 8/8/01 freeway but not for CITY Streets. 4.3.3.3 Nature of Transfer. Winchester shall convey the Interchange Improvement Area by a standard title company grant deed. The Interchange Improvement Area shall be conveyed in fee free and clear of all non-governmental pecuniary liens of record, but subject to all existing non-monetary items of record such as easements so long as they do not interfere with anticipated freeway interchange use. Winchester shall pay for a standard American Land Title Association (ALTA) owner's policy of title insurance providing coverage to CITY in the amount which reflects the reasonable value of the conveyed real property in its "as conveyed" condition. CITY shall be responsible for the cost of any additional coverage exceeding a standard ALTA owner's policy. 4.3.3.4 Disposition of Land. 4.3.3.4.1 Constructionoflnterchange. CITYshallprovide to Caltrans as much of the Interchange Improvement Area as Caltrans needs for the interchange as soon as construction of the Interchange Improvements has been assured by Caltrans. Any portion of the Interchange Improvement Area conveyed by Winchester to CITY that is not needed for the interchange shall be reconveyed to Winchester subject only to the title encumbrances that existed when Winchester granted the land to CITY. CITY and Winchester shall cooperate in achieving any boundary adjustment needed to reflect this reconveyance or minor adjustment to the Interchange Improvement Area. 4.3.3.4.2 Determination Not to Construct Interchange. If Caltrans determines at any time that it will not build the Interchange, CITY may dispose of no more than ten (10) acres of the Interchange Improvement Area as it sees fit subject to the following: (i) At least sixty (60) days before entering into a contract to sell the land, CITY shall notify Winchester of the terms of the proposed contract and offer to sell the land to Winchester on the same or better terms. (As used in this paragraph, "terms" shall include all contractual provisions, including, but not limited to, price, timing, financing, conditions and contingencies.) Winchester may exercise this right of first offer by giving CITY written notice within sixty (60) days of receipt of CITY's offer. Winchester's failure to timely exercise this right shall be deemed a refusal to exercise the right, after which CITY may proceed with the proposed sale on the terms in the notice to Winchester. If Winchester exercises this right, the parties shall split equally the costs of escrow and title. CITY shall give new notice to Winchester each time the terms of a proposed sale change. If CITY chooses to sell the property in increments, Winchester's right of first offer shall expire as to each increment of land upon its sale to a third party, if CITY had properly notified Winchester of the proposed sale. Winchester's right of first offer shall not otherwise expire, and it shall belong to Winchester, its successors and its 11086\0092\661966.1 26 8/8/01 assigns. The foregoing right of first offer language shall also be incorporated into the deed by which Winchester initially conveys the land to CITY. (ii) CITY shall use the proceeds of any such sale, whether to Winchester or to a third party, for traffic and circulation improvements that directly benefit the Winchester Property. (iii) Any land in excess of ten (10) acres that Winchester conveyed to CITY shall be returned without cost to Winchester immediately upon Caltrans' determination not to construct the interchange. 4.3.3.$ Effect. Winchester shall be in default under this Agreement if it fails to convey the Interchange Improvement Area as provided above. However, once Winchester has conveyed the Interchange Improvement Area, it shall be deemed to have fulfilled all of its obligations under this Agreement and no further Development restrictions pursuant to Section 4.3.4 shall remain with respect to the Winchester Property. 4.3.3.6 Maintenance. Following the conveyance and preceding the construction of the interchange, CITY shall maintain the Interchange Improvement Area in a clean and hazard-free manner. 4.3.3.7 Cooperation. The City will continue to work with Caltrans in an effort to cause the Project Study Report to be completed and approved on or before January 1, 2003. CITY shall share the information it receives from Caltrans with Owner subject only to any requirement from Caltrans that the information be kept confidential. Owner agrees to keep all CITY provided information confidential and not to disclose or discuss the information with any third party. 4.3.4 DevelopmentAffected bythelnterchangelmprovements. Waiting to designate the Interchange Improvement Area may interfere with Development of the Winchester Property. The Parties shall use their best efforts to minimize this interference, as follows: 4.3.4.1 Connecting Arterials Plan. OWNER shall, on or before September 1; 2002, submit to the CITY an alignment and grade plan identifying the location of the Connecting Arterials. CITY shall consider in good faith and approve or reject this proposed Connecting Arterials Plan within thirty (30) days of Caltrans' approval of the Project Study Report, but no later than January 1, 2003. If there is an approved Project Study Report, the Connecting Arterials Plan shall conform to the Project Study Report. If there is not an approved Project Study Report, CITY shall approve the Connecting Arterials Plan consistent with the interchange location and area established by CITY using the criteria set forth in Section 4.3.3.2.2. If there is not an approved Project Study Report and CITY has not otherwise set the location of the Interchange Improvement 11086\0092\661966.1 27 8/8/01 Area on or before January 1, 2003, the Connecting Arterials Plan shall conform to the alignment for Date Street and Ynez Road depicted in CITY's General Plan as of the Effective Date. 4.3.4.2 Effect of Restriction. 4.3.4.2.1 Grading. Before and after conveyance of the Intemhange Improvement Area, OWNER shall have the right to enter upon, grade and/or fill any or all of the Property including the Interchange Improvement Area in its sole discretion. Nothing in this Agreement shall be construed so as to limit OWNER's ability to grade any or all of its Property, and CITY shall issue grading permits for any or all of the Property upon proper application by OWNER. 4.3.4.2.2 Improvements. Before approval of the Connecting Arterials Plan, OWNER shall not construct permanent improvements within the Limited Development Area on Attachment 10. After approval of the Connecting Arterials Plan, any and all restrictions on Development of the OWNER Property (except the Interchange Improvement Area) imposed by Section 4.3.4 shall terminate, and OWNER shall have the vested right, pursuant to this Agreement, to construct permanent improvements anywhere on the Property except the Interchange Improvement Area. 4.3.4.3 Effect of Connecting Arterial Plan. The Connecting Arterials Plan, as proposed by OWNER and approved by CITY, will refine the alignments at certain roads shown by the Specific Plan. Because the road alignments anticipated by the Specific Plan are approximate, such plans should not and shall not be considered "amendments" to the Specific Plan requiring public hearings. The Director of Public Works is hereby granted the authority to determine that the alignment substantially conforms to the adopted Specific Plan. CITY and OWNER shall cooperate in the preparation of necessary figures, text and maps. 4.3.5 Quimby Credits. The CITY's Subdivision Ordinance parkland dedication requirements ("Quimby Act"), would require the Lennar Development to dedicate 26.75 acres, or pay an equivalent in lieu fee. Because the Winchester Development includes only commercial uses, the Winchester Development does not have a Quimby Act obligation. The proposed park facilities within the Project satisfy the Project's obligations under the Quimby Act. CITY shall not exact any additional Quimby Act dedications or contributions from the Development. 4.3.6 Liens, Encumbrances and Environmental Conditions. All real property offered for dedication to the CITY pursuant to this Agreement shall be free and clear of any and all matters of record require the direct payment of money (excluding all non-delinquent taxes and assessments), including but not limited to, deeds of trust and mechanic liens. The real property shall also be offered free of other encumbrances of 11086\0092\661966.1 28 8/8/01 record that would prevent the CITY from using such dedicated facility for its intended use as identified herein or as reasonably inferred as relating to the intended use. Further the real property shall be warranted, to the best of OWNER's actual knowledge, to be free of any known environmental conditions that would prevent the real property from being used as intended by the CITY. OWNER shall provide the CITY copies of all reports, investigations and analysis that discuss the environmental condition of the real property. In the event the real property which is to be offered as required by the Development Plan cannot be offered in the condition required by this Section 4.3.6, the OWNER and CITY shall mutually cooperate to either cause the redesign of the applicable plan or the acquisition of the necessary real property. 4.4 Public Financing. In consideration for OWNER's commitments under thisAgreementto provide the public improvements described in Attachment 5, the CITY agrees to use best efforts to cause the Public Financing in accordance with the terms and conditions contained in the Public Facilities Financing Plan, such that at the closing and issuance of bonds pursuant thereto, there will be deposited in an improvement account and made available to OWNER for reimbursement of OWNER's costs incurred in acquisition, construction and delivery of public facilities referenced in the Financing Plan, a total deposit of $5,150,000.00 as provided in the Financing Plan. Owner shall commence and pursue diligently to completion all public improvements described in Attachment 5 within the time frames set forth in that Attachment 5 and other time frames or phasing for the referenced facilities provided in this Development Agreement. As security for OWNER's completion of the public improvements within time frames set forth in Attachment 5, OWNER shall provide a Corporate Security upon terms and conditions as acceptable to both Lennar and CITY prior to commencement of work. 4.5 Development Agreement Fee. A routine term negotiated by CITY as consideration for entering into a development agreement, is a development ag reement fee. The CITY agrees that the OWNER and the Project will not have to pay a development agreement fee of any kind because Lennar has agreed to put up the security required by Section 2.5.4. 4.6 Public Art, Open Space and Habitat Preservation. In consideration of CITY's performance pursuant to the terms of this Agreement, Lennar agrees to pay a fee of Two Hundred Dollars ($200) per dwelling unit which the CITY agrees to use for public art, open space and habitat preservation programs. The fee will be paid upon the issuance of a building permit for a dwelling unit. The CITY agrees to use all proceeds of the fee it designates as being the public art component of the fee paid pursuant to this Section on projects located within the Lennar Property. The CITY shall consult with, but shall not be bound by the response of, the Lennar or its designee on the use of the fees collected for public art. CITY agrees that a public art, open space and habitat preservation fee will not 11086\0092\661966.1 29 8/8/01 be imposed against the commercial components of the Project. 4.7 Smart Shuttle Program. In consideration of the CITY's performance pursuant to the terms of this Agreement, Lennar agrees to participate with the Riverside Transportation Authority (RTA) and CITY to further the RTA's "Smart Shuttle" program. Lennar's participation shall consist of providing funding not to exceed a total of Three Hundred Thousand Dollars ($300,000.00) over a two (2) year period to further the "Smart Shuttle" program as defined by any agreement entered into between the CITY and RTA. The funds may be used to further any objective of the Agreement between the CITY and RTA. Payments as requested by City shall commence within thirty (30) days of an agreement between the CITY and RTA addressing the "Smart Shuttle" Program and use of the funds provided by Lennar. Lennar shall have the right to terminate its payments pursuant to the "Smart Shuttle" program and all of its further obligations under this Section 4.7 shall cease if RTA ceases to operate the "Smart Shuttle" program, for a period of thirty (30) days or more. 4.8 Transfer of Credits. CITY acknowledges and agrees that any credits described herein that are not used by OWNER for the Development are the personal property of OWNER and may be transferred or assigned for use as credit against DIF obligations imposed as a condition of the development of the Property by others. 4.9 Public Use of Private Park Facilities. Lennar is proposing to install a lake, park, lake and other privately owned park and recreation facilities within the Lennar Development for the benefit of the residents of the Lennar Development. With respect to the lake park, as depicted in Figure 6.4 of the Specific Plan, Lennar agrees to allow public access for public recreational uses. Notwithstanding anything to the contrary herein or otherwise, the OWNER may adopt reasonable rules and regulations regarding the public's use of the lake park. The public shall not have the right to use the lake or any of the other privately owned park and recreation facilities. 4.10 Advancing of Infrastructure Improvements. 4.10.1 Agreement to Advance. OWNER, in consideration for CITY's performance pursuant to the terms of this Agreement, has agreed to fund more than its fair share, and construct in advance of when required bythe Project EIR, certain infrastructure improvements more particularly described in Attachment 5. CITY considers these additional improvements to be the primary consideration, together with the Interchange Improvement Area supporting its decision to enter into this Agreement and, but for these Improvements and Interchange Improvement Area, would not have entered into this Development Agreement. 4.10.2 OWNER's Improvement Obligations; CITY initiated improvement reallocation. Subject to the terms of this Section, OWNER desires to authorize CITY to 11086\0092\661966.1 30 8/8/01 adjust the provision by OWNER of the infrastructure improvements required by this Agreement so as to ensure CITY has the greatest flexibility in causing necessary infrastructure improvements to be accomplished. CITY's ability to cause the reallocation of infrastructure improvements described in Attachment 5 is subject to (i) the CITY first ensuring that the deferred infrastructure improvements will be funded by CITY and' completed or cause to be completed by CITY in conformance with the Project EIR unless the change involves the substitution of an improvement required by Attachment 5 to mitigate impacts as set forth in the EIR; (ii) the reallocation not resulting in an increase in the total obligations, whether monetary or otherwise, of OWNER; (iii) the reallocation not resulting in a delay of, or a limit on, the Development of the Project; and (iv) the reallocation not requiring the financing or construction of the infrastructure improvements described in Attachment 5 at a date earlier than required by this Agreement. The terms and conditions agreed upon to accomplish the adjustment shall be set forth in an Operating Memoranda. 4.11 Street Liqht Payment. OWNER agrees to pay to CITY, upon written demand by CITY, the amounts of money necessary to operate the street lights on or to be installed on the Property at a Level of Service "B", as the same is applied by the CITY on a city-wide basis. This obligation shall terminate when adjacent residential users assume responsibility for such payment. 5. Indemnification. Except to the extent of the active negligence or willful misconduct of the Indemnified Parties (as defined below), Lennar, with respect to the portion of the Lennar Property owned by Lennar, Winchester, with respect to the portion of the Winchester Property owned by Winchester, and the Development Transferee, with respect to the portion of the Property transferred to that Development Transferee, agree that during the Term of this Agreement, to defend the CITY and its agents, officers, contractors, attorney, and employees (the "Indemnified Parties") from and against any claims or proceeding against the Indemnified Parties to set aside, void or annul the approval of this Agreement. Lennar, Winchesterand DevelopmentTransferee maybeindividually referred to herein as "Indemnifying Party" and collectively as "Indemnifying Parties". Each Indemnifying Party shall retain settlement authority with respect to any matter concerning that Indemnifying Party provided that prior to settling any such lawsuit or claim with respect to that Indemnifying Party, the Indemnifying Party shall provide the CITY and the other Indemnifying Parties with a minimum ten (10) business days written notice of its intent to settle such lawsuit or claim. If the CITY or the other Indemnifying Parties, in their reasonable discretion, do not desire to settle such lawsuit or claim, it may notify the applicable Indemnifying Party of the same, in which event the applicable Indemnifying Party may still elect to settle the lawsuit or claim as to itself, but the non-settling parties may elect to continue such lawsuit, at their cost and expense, so long as: (i) with respect to the CITY, the CITY's decision is predicated upon a legitimate and articulated threat to either the exercise of its police powers or a risk of harm to those present within the CITY; or (ii) with respect to the other Indemnifying Parties, the decision is predicated upon a 11086\0092\661966.1 31 8/8/01 legitimate and articulated threat to the Development of that Indemnifying Party's property. 6. Relationship of Parties. OWNER is not the agent or employee of the CITY. The CITY and OWNER hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained in this Agreement or in any document executed in connection with the Project shall be construed as making the CITY and OWNER joint ventures or partners. 7. Periodic Review of Compliance with ARreement. 7.1 Periodic Review. The CITY and OWNER shall review this Agreement once every 12-month period from the Effective Date until the Agreement terminates. The CITY shall notify OWNER in writing of the date for review at least thirty (30) days prior thereto. 7.2 Good Faith Compliance. During each periodic review, OWNER shall be required to demonstrate good faith compliance with all material terms of this Agreement. The parties recognize that this Agreement and the documents incorporated herein could be deemed to contain hundreds of requirements and that evidence of each and every requirement would be a wasteful exercise of the parties' resources. Accordingly, OWNER shall be deemed to have satisfied its good faith compliance when it presents evidence of substantial compliance with the material provisions of this Agreement. Generalized evidence or statements of compliance shall be accepted in the absence of any evidence that such evidence is untrue. 7.3 Failure to Conduct Annual Review. The failure of the CITY to conduct the annual review shall not constitute, or be asserted by OWNER or CITY as a breach of this Agreement. 7.4 Initiation of Review by City Council. In addition to the annual review, the City Council may at any time initiate a review of this Agreement by giving written notice to OWNER. The Notice must describe in detail the specific issues which caused the CITY to question OWNER'S good faith compliance and the evidence the CITY believes is necessary for the review. Within thirty (30) days following receipt of such notice, OWNER shall submit evidence to the CITY Council of OWNER's good faith compliance with this Agreement and such review and determination shall proceed in the same manner as provided for the annual review. The City Council shall initiate its review pursuant to this Section 7.4 only if it has probable cause to believe the CITY's general health, safety or welfare is at risk as a result of specific acts or failures to act by OWNER in violation of this Agreement. 7.5 Administration of Agreement. Any final decision by the CITY staff concerning the interpretation and administration of this Agreement and Development of the Property in accordance herewith may be appealed by OWNER first to the Planning 11086\0092\661966. I 32 8/8/01 Commission and thereafter to the City Council, provided that any such appeal shall be filed with the City Clerk within thirty (30) days after OWNER receives written notice that the staff decision is final all as pursuant to routine planning appeal procedures. The City Council shall render, at a noticed public hearing, its decision to affirm, reverse or modify the staff decision within thirty (30) days after the appeal was filed. 7.6 Availability of Documents. If requested and reimbursed for all costs, by OWNER, the CITY agrees to provide to OWNER copies of any documents, reports or other items reviewed, accumulated or prepared by or for the CITY in connection with any periodic compliance review by the CITY, provided OWNER reimburses the CITY for all reasonable and direct costs and fees incurred by the CITY in copying the same. The CITY shall respond to OWNER's request on or before ten (10) business days have elapsed from the CITY's receipt of such request. 8. Events of Default: Remedies and Termination. Unless amended as provided in Section 3.5, or modified or suspended pursuant to Section 3.2.2 or terminated pursuant to this Section 8, this Agreement is enforceable by CITY, OWNER or express assignee under Section 2.5.3 hereto. 8.1 Defaults by OWNER. If, after following the procedures established in Section 7 hereof, the CITY determines on the basis of a preponderance of the evidence that Lennar or Winchester or a Development Transferee has not complied in good faith with the material terms and conditions of this Agreement, the CITY shall, by written notice to Lennar, Winchester, and the applicable Development Transferee, specify the manner in which the allegedly defaulting party has failed to so comply and state the steps the allegedly defaulting party must take to bring itself into compliande. If, within thirty (30) days after the effective date of notice from the CITY specifying the manner in which the allegedly defaulting party has failed to so comply, the allegedly defaulting party does not commence all steps reasonably necessary to bring itself into compliance and thereafter diligently pursue such steps to completion, then the allegedly defaulting party shall be deemed to be in default under the terms of this Agreement and the CITY may terminate this Agreement with respect solely to the allegedly defaulting party's property pursuant to Government Code Section 65865.1 or may seek specific performance as set forth in Section 8.3. 8.2 Defaults by CITY. If OWNER determines on the basis of a preponderance of the evidence that the CITY has not complied in good faith with the terms and conditions of this Agreement, OWNER shall, by written notice to the CITY, specify the manner in which the CITY has failed to so comply and state the steps the CITY must take to bring itself into compliance. If, within sixty (60) days after the effective date of notice from OWNER specifying the manner in which the CITY has failed to so comply, the CITY does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then the CITY shall be deemed 11086\0092\661966.1 33 8/8/01 to be in default under the terms of this Agreement and OWNER may terminate this Agreement and, in addition, may pursue any other remedy available at law or equity, including specific performance as set forth in Section 8.3. 8.3 Specific Performance Remedy. Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, OWNER may be foreclosed from other choices it may have had to utilize the Property and provide for other benefits. CITY and OWNER has already invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it may not be possible to determine the sum of money which would adequately compensate OWN ER for such efforts. For the above reasons, the CITY and OWNER agree that damages may not be an adequate remedy if the CITY or OWNER fails to carry out its obligations under this Agreement and that CITY or OWNER shall have the right to seek and obtain specific performance as a remedy for any breach of this Agreement. Notwithstanding the foregoing, if the CITY is authorized by Section 8.4.1 to withhold an approval or permit upon a specified condition being satisfied by Lennar, Winchester or a Development Transferee in the future, and if Lennar, Winchester or a Development Transferee then fails to satisfy such condition, the CiTY may be entitled to specific performance for the sole purpose of causing that nonperforming party, and only that nonperforming party, or any other party with an express obligation under the Agreement to so perform the condition, to satisfy such condition as a condition of granting the approval or issuing the permit. The CITY's right to specific performance shall be limited to those circumstances set forth above, and the CITY shall have no right to seek specific performance to cause OWNER or a Development Transferee to otherwise proceed with the Development of the Project in any manner. Notwithstanding the above, to the extent Attachment 5 requires the completion and acceptance of an infrastructure improvement specified in Attachment 5 prior to the issuance of a particular Future Development Approval, and OWNER requests that the CITY approve the Future Development Approval, the CITY may seek specific performance of the construction of that infrastructure improvement as a condition of issuance of that Future Development Approval. 8.4 Institution of Legal Action. Any legal action hereunder shall be heard by a reference from the Riverside County Superior Court pursuant to the reference procedures of the California Code of Civil Procedure Sections 638, et seq. OWNER and the CITY shall agree upon a single referee who shall then try all issues, whether of fact or law, and report a finding and judgment thereon and issue all legal and equitable relief appropriate under the circumstances of the controversy before him. If OWNER and the CITY are unable to agree on a referee within ten (10) days of a written request to do so by either party hereto, either party may seek to have one appointed pursuant to the California Code of Civil Procedure Section 640. The cost of such proceeding shall initially be borne 11086\0092\661966.1 34 8/8/01 equally by the parties. Any referee selected pursuant to this Section 8.4 shall be considered a temporary judge appointed pursuant to Article 6, Section 21 of the California Constitution. 8.4.1 Effect of Noncompliance. Notwithstanding the foregoing, to the extent the Development Plan Approval(s) expressly provide(s) that Development of the Project or a portion thereof is directly dependent upon the performance of material obligations assumed by a Development Transferee and/or OWNER, which material obligations have not been performed, the CITY may, in its reasonable discretion, withhold any approvals, including, without limitation, certificates of occupancy, with respect to those directly dependent portions of the Project from OWNER and/or the Development Transferee until such obligations have been substantially performed. CITY agrees that CITY will not withhold approvals if the OWNER or the Development Transferee provides security for the provision of Public Infrastructure Improvements. 8.4.'1.1 Non Compliance by Development Transferee. From and after the assumption of obligations under this Agreement by a Development Transferee pursuant to Section 2.5, noncompliance by any such Development Transferee with a material term and condition of this Agreement assumed by such Development Transferee shall entitle CITY to pursue any and all of its rights under this Agreement against such Development Transferee. Such noncompliance by Development Transferee shall not be deemed a default or grounds for termination hereof with respect to, or constitute cause for CITY to initiate enforcement action against or withhold any approvals from, OWNER or other persons then owning or holding an interest in the property or any portion of the Property, regardless of the ownership. 8.4.1.2 Noncompliance by Lennar. Noncompliance by Lennarwith respect to any material term and condition of this Agreement assumed by Lennar shall entitle CITY to pursue any and all of its rights under this Agreement against Lennar. Such noncompliance by Lennar shall not be deemed a default, grounds for specific performance or grounds for termination hereof with respect to, or constitute cause for CITY to initiate enforcement action against or withhold any approvals from a Development Transferee, Winchester or other persons then owning or holding interest in the 1-A or any portion of the Property, regardless of ownership. 8.4.1.3 Noncompliance by Winchester. Noncompliance by Winchester with respect to any material term and condition of this Agreement assumed by Winchester shall entitle CITY to pursue any and all of its rights under this Agreement against Winchester, but, such noncompliance by Winchester shall not be deemed a default, grounds for specific performance or grounds for termination hereof with respect to, or constitute cause for CITY to initiate enforcement action against or withhold any approvals from a Development Transferee, Lennar or other persons then owning or holding interest in the 1-B Property or any portion of the Property, regardless of ownership. 11086\0092\661966.1 35 8/8/01 8.5 Estoppel Certificates. A party may at any time deliver written notice to the other party requesting an estoppel certificate (the "Estoppel Certificate"). A party receiving a request for an Estoppel Certificate shall provide a signed certificate to the requesting party within thirty (30) days after receipt of the request. The City Manager or any person designated by the City Manager may sign Estoppel Certificates on behalf of the CITY. Any officer or member of a private party may sign on behalf of that party. An Estoppel Certificate is intended to be relied on by assignees and mortgagees. If that one party requests an Estoppel Certificate from the other, the requesting party shall reimburse the other party for all reasonable and direct costs and fees incurred by such party with respect thereto. The Estoppel Certificate shall address issues such as whether: 8.5.1 The Agreement is in full force and effect and is a binding obligation of the parties. 8.5.2 The Agreement has been amended or modified either orally or in writing and, if so amended, identifying the amendments. 8.5.3 A default in the performance of the requesting party's obligations under the Agreement exists and, if a default does exist, the nature and amount of any default. 9. Waivers and Delays. 9.1 No Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, and failure by a party to exercise its rights upon a default by the other party hereto, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. 9.2 Third Parties. Non-performance shall not be excused because of a failure of a third person, except as provided in Sections 9.3 or 9.4. 9.3 Force Maieure. A party shall not be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond that party's control, action or inaction by the CITY, other governmental bodies or public utilities other than those related to the normal and customary processing of Future Development Approvals or any modifications to the Development Plan Approval(s), judicial decisions, litigation regarding the Development Plan Approval(s) or Future Development Approvals or other similar events. To the extent applicable to the Project and Property pursuant to Section 3.4 hereof, government regulations (including, without limitation, local, state and federal environmental and natural resource regulations), voter initiative or referenda or moratoria (including, without limitation, 11086\0092\661966.1 36 8/8/01 any "development moratorium" as that term is applied in Government Code Section 66452.6) constitute force majeure events. 9.4 Extensions. The Term of this Agreement and the time for performance by a party of any of its obligations hereunder or pursuant to the other Development Plan Approval(s) shall be extended by the actual period of time that any of the events described in Section 9.3 exist and/or prevent performance of such obligations. Notwithstanding anything to the contrary herein, the performance by CITY of its obligations shall not be delayed or extended by the action or inaction of the CITY. 9.5 Notice of Delay. OWNER or CITY shall give notice to the other party of any delay which OWNER or CITY anticipates or believes to have occurred as a result of the occurrence of any of the events described in Sections 9.3 or 9.4. In no event, however, shall notice of a delay of any length be given later than thirty days after the end of the delay or ten (10) days before the end of the Term (unless the cause of the delay arises during that time), whichever comes first. 10. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person, sent by certified mail, postage prepaid, return receipt requested or by Federal Express or other similar nationwide overnight delivery service. Notices required to be given to the CITY shall be addressed as follows: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 Attention: Planning Director With a copy to: Richards, Watson & Gershon Thirty-Eighth Floor 333 South Hope Street Los Angeles, CA 90071-1469 Attention: Peter M. Thorson, City Attorney 11086\0092\661966.1 37 8/8/01 Notices required to be given to OWNER shall be addressed as follows: Lennar Lennar Communities 6529 Riverside Avenue, Suite 133 Riverside, CA 92506 Attention: Ray Becker With a copy to: Luce, Forward, Hamilton & Scripps LLP 600 West Broadway, Suite 2600 San Diego, CA 92101 Attention: Craig K. Beam, Esq. Winchester Winchester Hills I LLC P.O. Box 261109 San Diego, CA 92196-1109 Attention: Stephen A. Bieri With a copy to: Hecht, Solberg, Robinson & Goldberg, LLP 600 West Broadway, 8th Floor San Diego, CA 92101 Attention: Richard A. Schulman and Paul E. Robinson Any notice given as required by Section 10 shall be deemed given only if in writing and upon delivery as provided for in this Section 10. A party may change its address for notices by giving notice in writing to the other party as required by this Section 10 and thereafter notices shall be addressed and transmitted to the new address. 11. Attorneys' Fees. If legal action is brought by any party against another for breach of this Agreement, including actions derivative from the performance of this Agreement, or to compel performance under this Agreement, the prevailing party shall be entitled to an award of its costs, including reasonable attorneys' fees, and shall also be entitled to recover its contribution for the costs of the referee referred to in Section 8.4 above as an item of damage and/or recoverable costs. 12. Recordin,q. This Agreement and any amendment or cancellation hereto shall be 11086\0092\661966.1 38 8/8/01 recorded, at no cost to the CITY, in the Official Records of Riverside County by the City Clerk within the period required by Section 65868.5 of the Government Code. 13. Effect of Aqreement on Title. 13.1 Effect on Title. OWNER and the CITY agree that this Agreement shall not continue as an encumbrance against any portion of the Property as to which this Agreement has terminated or released. 13.2 Encumbrances and Lenders' Rights. The mortgagee of a mortgage or beneficiary of a deed of trust encumbering the Property, or any part thereof, and their successors and assigns shall, upon written request to CITY, be entitled to receive from CITY written notification of any default by OWNER of the performance of OWNER's obligations under the Agreement which has not been cured within the time frame established in Section 8.1 hereof. 13.2.1 Notwithstanding OWNER's default, this Agreement shall not be terminated by CITY as to any mortgagee or beneficiary to whom notice is to be given and to which either or the following is true: (i) the mortgagee or beneficiary cures any default by OWNER involving the payment of money within ninety (90) days after receipt from CITY of the written notice of default; (ii) as to defaults requiring title or possession of the Property or any portion thereof to effectuate a cure: (i) the mortgagee/beneficiary agrees in writing, within ninety (90) days after receipt from CITY of the written notice of default, to perform the proportionate share of OWNER's obligations under this Agreement allocable to that part of the Property in which the mortgagee/beneficiary has an interest conditioned upon such mortgagee's/beneficiary's acquisition of the Property or portion thereof by foreclosure (including a trustee sale) or by a deed in lieu of foreclosure; (ii) the mortgagee/beneficiary commences foreclosure proceedings to reacquire title to the Property or applicable portion thereof within said ninety (90) days and thereafter diligently pursues such foreclosure to completion, and (iii) the mortgagee/beneficiary promptly and diligently commences to cure such Default after obtaining title or possession. 13.2.2 Notwithstanding Section 13.2.1 of this Agreement, if any mortgagee/beneficiary is prohibited from commencing or prosecuting foreclosure or other appropriate proceedings including by any process of injunction issued by any court or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving OWNER, the times specified in Section 13.2.1 of this Agreement for commencing or prosecuting foreclosure or other proceedings shall be extended for the period of the prohibition. 11086\0092\661966.1 39 8/8/01 13.2.3 The lien of any existing or future deeds of trust recorded against all or any part of the Property shall be superior and senior to any lien created by this Agreement or the recordation thereof. At the request of any lender whose loan will be secured by a deed of trust on all or any part of the Property, CITY shall execute a subordination agreement subordinating their interest hereunder to the lien of such deed of trust, which subordination agreement shall be subject to the reasonable approval of CITY. Nothing in this Agreement shall be deemed to construe, permit, or authorize any such mortgagee to devote the Property, or any part thereof, for any uses, or to construct any improvements thereon, other than those uses or improvements provided for or authorized by this Agreement. 13.2.4 Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any existing or future mortgage or deed of trust on the Property made in good faith and for value. 13.2.5 Except as provided to the contrary in this Agreement, no mortgagee or beneficiary shall have an obligation or duty under this Agreement to perform the obligations of OWNER or other affirmative covenants of OWNER hereunder, or to guarantee such performance, and no mortgagee or beneficiary shall be liable for any defaults or monetary obligations of OWNER arising prior to acquisition of title to the Property by such mortgagee or beneficiary or their respective successors or assigns; except that to the extent any covenant to be performed by OWNER is expressly identified in the Development Plan Approval(s) as a condition to the performance of a covenant by CITY, the performance thereof shall continue to be a condition precedent to CiTY's performance hereunder. If a mortgagee or beneficiary elects to develop the Property in accordance with the Development Plan Approval(s), the mortgagee or beneficiary shall be required to assume and perform the obligations or other affirmative covenants of OWNER under this Agreement. 14. Severability of Terms. If any term, prevision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby if the tribunal finds that the invalidity was not a material part of consideration for the OWNER or the CITY. If the tribunal finds that the invalidity was a material part of the consideration, this Agreement will terminate unless CITY and OWNER agree to amend this Agreement as provided for herein. 15. Subsequent Amendment to Authorizing Statute. This Agreement has been entered into in reliance upon the provisions of the Development Agreement Legislation in effect as of the Agreement Date. Accordingly, subject to Section 3.2.2 above, to the extent that subsequent amendments to the Government Code would affect the provisions of this Agreement, such amendments shall not be applicable to this Agreement unless necessary for this Agreement to be enforceable or required by law or unless this Agreement is 11086\0092\661966.1 40 8/8/01 modified pursuant to the provisions set forth in this Agreement. 16. Rules of Construction and Miscellaneous Terms. 16.1 Interpretation and Governing Law. The language in all parts of this Agreement shall, in all cases, be construed as a whole and in accordance with its fair meaning. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. The parties understand and agree that this Agreement is not intended to constitute, nor shall be construed to constitute, an impermissible attempt to contract away the legislative and governmental functions of the CITY, and in particular, the CITY's police powers. In this regard, the parties understand and agree that this Agreement shall not be deemed to constitute the impermissible surrender or abnegation of the CITY's governmental powers over the Property or any decision arising from the Agreement, directly or indirectly. 16.2 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 16.3 Gender. Thesingularincludestheplural;themasculinegenderincludesthe feminine; "shall" is mandatory, "may" is permissive. 16.4 No Joint and Several Liability. No breach hereof by Lennar, Winchester or Development Transferee shall constitute a breach by the non breaching party. Any remedy, obligation, or liability, including but not limited to the obligations to defend and indemnify the CITY, arising by reason of such breach shall be applicable solely to the party that committed the breach. However, the CITY shall send a copy of any notice of violation to all OWNERS and Development Transferee, including those not in breach. 16.5 Covenant of Good Faith and Fair Dealinq. No party shall do anything which shall have the effect of materially harming or injuring the right of the other parties to receive the benefits provided for in this Agreement; each party shall refrain from doing anything which would render its performance under this Agreement impossible; and each party shall do everything which this Agreement contemplates that such party shall do in order to accomplish the objectives and purposes of this Agreement. 16.6 No Waiver of Vesting. Nothing in this Agreement shall be construed as limiting or impairing any vested rights to proceed with the Development or use of the Property arising independently from entitlements, including those approved for the Project, issued by the CITY or others prior to, concurrently with, or subsequent to the approval of this Agreement, Federal and State Constitutions, statutes, or decisional law. 16.7 Time of Essence. Time is of the essence regarding each provision of this Agreement of which time is an element. 11086\0092\661966.1 41 8/8/01 16.8 Recitals. All Recitals set forth herein are incorporated in this Agreement as though fully set forth herein. 16.9 Entire Aqreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and the Agreement supersedes all previous negotiations, discussion and agreements between the parties, and no parol evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 17. Extension of Maps. In accordance with Government Code Section 66452.6(a), any tentative map which relates to all or a portion of the Property shall be extended for the greater of (i) the Term of the Agreement or (ii) expiration of the tentative map pursuant to Section 66452.6. 18. Not for Benefit of Third Parties. This Agreement and all provisions hereof are for the exclusive benefit of the CITY and OWNER and its assignees pursuant to Section 2.5 and shall not be construed to benefit or be enforceable by any third party. 19. Attachments. The following attachments are hereby incorporated by reference as if fully set out in the body of this Agreement. Attachments Description 1-A 1-B 1-C 2 3 4 5 6 7 8 9 10 11 Legal Description of the Lennar Property Legal Description of the Winchester Property Legal Description of the Property Benefits of the Project Project Actions and Approvals Existing Regulations Public Infrastructure Intentionally Omitted Public Finance Plan Vested Rights Intentionally Omitted Limited Development Area Specific Plan 11086\0092\661966.1 42 8/8/01 20. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year dated below. Dated: ,2001 "CITY" CITY OF corporation TEMECULA, a municipal By: Name: Title: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Dated: ,2001 "OWNER" LENNAR HOMES, corporation INC., a California By:¸ Name: Title: Vice President By:¸ Name: Title: WINCHESTER HILLS I LLC, a California limited liability company 11086\0092\661966.1 43 8/8/01 By:. Name: Title: 11086\0092\661966.'1 8/8/01 State of California County of Riverside ) ) ss ) On before me, , personally appeared ., personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Signature of Notary State of California County of Riverside ) ) ss ) On before me, , personally appeared ., personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Signature of Notary 11086\0092\661966.1 8/8/01 TABLE OF CONTENTS II Definitions ..................................................... 4 General Provisions ............................................... 8 2.1 2.2 2.3 2.4 2.5 Binding Covenants ................................... 8 Interest of OWNER ................................... 8 Term .............................................. 8 Termination ......................................... 9 Transfers and Assignments ............................ 9 Development Provisions ......................................... 11 3.1 Vesting ........................................... 11 3.2 Reserved Authority .................................. 13 3.3 Further Assurances to OWNER Regarding Exercise of Reserved Authority ................................................ 14 3.4 Consistent and Inconsistent Enactments ................. 15 3.5 Amendment of Development Agreement ................. 16 3.6 Future Amendments to Development Plan Approval(s) ...... 18 3.7 Future Development Approvals ......................... 18 Obligations of the Parties ......................................... 19 4.1 Benefits to CITY .................................... 19 4.2 Development Fees .................................. 20 4.3 Related Real Property Conveyances; Conditions to Development Agreement ............................................... 24 4.4 Public Financing .................................... 29 4.5 Development Agreement Fee .......................... 30 4.6 Public Art, Open Space and Habitat Preservation ..........30 4.7 Smart Shuttle Program ............................... 30 4.8 Transfer of Credits ............................ 31 4.9 Improvements Not Completed in Accordance With the Phasing Plan .................................................... 31 [4.10] Public Use of Private Park Facilities ..................... 32 [4.11] Advancing of Infrastructure Improvements ................ 32 Indemnification ................................................. 33 Relationship of Parties ........................................... 34 11086\0092\661966.1 8/8/01 TABLE OF CONTENTS Periodic Review of Compliance with Agreement ....................... 34 7.1 7.2 7.3 7.4 7.5 7.6 Periodic Review .................................... 34 Good Faith Compliance .............................. 34 Failure to Conduct Annual Review ...................... 34 Initiation of Review by City Council ...................... 34 Administration of Agreement ........................... 35 Availability of Documents ............................. 35 Events 8.1 8.2 8.3 8.4 8.5 of Default: Remedies and Termination ........................ 35 Defaults by OWNER ................................. 35 Defaults by CITY .................................... 36 Specific Performance Remedy ......................... 36 Institution of Legal Action ............................. 37 Estoppel Certificates ................................. 38 Waivers and Delays ............................................. 39 9.1 9.2 9.3 9.4 9.5 No Waiver ......................................... 39 Third Parties ....................................... 39 Force Majeure ...................................... 39 Extensions ......................................... 39 Notice of Delay ..................................... 39 10. Notices ....................................................... 39 11. Attorneys' Fees ................................................ 41 12. Recording ..................................................... 41 13. Effect of Agreement on Title ...................................... 41 13.1 Effect on Title ...................................... 41 13.2 Encumbrances and Lenders' Rights ..................... 41 14. Severability of Terms ............................................ 43 15. Subsequent Amendment to Authorizing Statute ....................... 43 16. Rules of Construction and Miscellaneous Terms ....................... 43 16.1 Interpretation and Governing Law ....................... 43 16.2 Section Headings ................................... 44 16.3 Gender ........................................... 44 16.4 No Joint and Several Liability .......................... 44 16.5 Covenant of Good Faith and Fair Dealing ................. 44 11086\0092\661966.1 8/8/01 17. 18. 19. 20. II TABLE OF CONTENTS 16.6 No Waiver of Vesting ................................ 44 16.7 Time of Essence .................................... 44 16.8 Recitals ........................................... 44 16.9 Entire Agreement ................................... 44 Extension of Maps .............................................. 45 Not for Benefit of Third Parties .................................... 45 Attachments ................................................... 45 Counterparts .................................................. 45 11086\0092\661966.1 818101 ATTACHMENT 1 HARVESTON DEVELOPMENT AGREEMENT ATI'ACHMENT NO. 1-A Legal Description of the Lennar Property RBF CONSULTING 27555 YNEZ ROAD, SUITE 400 TEMECULA, CA 92591 EXHIBIT "A' LEGAL DESCRIPTION LENNAR PROPERTY May 10, 2001 JN 15100181-M1 Page 1 of 5 That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being Lots 136, 143, 144, 145, 161 and 162; together with those portions of Lots 137, 138, 139, 142, 163, 166, 167, and 168; together with all sreets adjoining said lots which would pass with the title to said lots, all as shown on a map of the Temecula Land and Water Company on file in Book 8, Page 359 of Maps, Records of San Diego County, California; and also together with a portion of Parcel 4 of Parcel Map No. 19677 as shown on a map filed in Book 135, Pages 85 and 86 of Parcel Maps in the Office of the County Recorder of said Riverside County,-described as a whole as follows: BEGINNING at the most westerly corner of said Lot 136, said corner being a point on the centerline of Jackson Avenue; thence along said centerline through the following courses: South 41038'09'' East 1290.73 feet to the most westerly corner of said Lot 137; thence South 42014'33'' East 1290.79 feet to the most southerly corner of said Lot 137; thence South 41052'47'' East 741.98 feet to the boundary line of Parcel Map No. 21361 filed in Book 139, Pages 89 and 90 of Parcel Maps in the Office of the County Recorder of said Riverside County; thence leaving said centerline, along said boundary line through the followingcourses: North 30°07'20" East 55.26 feet to an angle point therein; thence South 59°52'40" East 100.00 feet; thence South 13039'32'' East 33.24 feet to a point on a non-tangent curve concave northeasterly and having a radius of 811.00 feet, a radial line of said curve from said point bears North 30007'20'' East; Exhibit "A" Legal Description Lennar Property May 10, 2001 JN 15100181-M1 Page 2 of 5 thence along said curve southeasterly 397.97 feet through a central angle of 28006'57'' to a point of reverse curvature with a curve concave southwesterly and having a radius of 889.00 feet, a radial line of said curve from said point bears South 02000'23.' West; thence along said curve southeasterly 422.79 feet through central angle of 27°14'56"; thence tangent from said curve South 60°44'41'' East 39.00 feet; thence South 60°56'17" East 936,88 feet to the most easterly coruer of said Parcel Map and a point in the northwesterly line of the Santa Gertrudis Channel as described in a deed recorded November 8, 1991 as Instrument No. 389573 of Official Records in said Office of the Riverside County Recorder; thence leaving said boundary line, along said northwesterly line of the Santa Gertrudis Channel North 32°39'01'' East 109.75 feet to an angle point in the northwesterly line of Parcel "A" as described in a deed recorded October 30, 1991 as Instrument No. 375618 of Official Records in said Office of the Riverside County Recorder; thence along said northwesterly line the Santa Gertrudis Channel as described in said Parcel "A" through the following courses: North 37012'02'' East 1203.85 feet; thence North 21°20'13" East 133.00 feet to the beginning of a tangent curve concave southeasterly and having a radius of 50.00 feet; thence along said curve northeasterly 58.04 feet through a central angle of 66°30'33"; thence non-tangent from said curve South 87°51'25" East 55.00 feet to a point on a non-tangent curve in the centerline of Margarita Road concave easterly and having a radius of 1200.00 feet, a radial line of said curve from said point bears South 87051'25'' East; thence leaving said northwesterly line, along said centerline through the following courses: along said curve northerly 632.82 feet through a central angle of 30°12'53"; thence tangent from said curve North 32021'28'' East 745.62 feet to the beginning of a tangent curve concave westerly and having a radius of 1600.00 feet; thence along said curve northerly and northwesterly 2100.47 feet through a central angle of 75o13'03"; Exhibit "A" Legal Description Lennar Property May 10, 2001 JN15100181-Ml' Page 3 of 5 thence tangent from said curve North 42051'35.' West 1399.68 feet to the centerline of Date Street; thence leaving said centerline of Margarita Road, along said centerline of Date Street through the following courses: South 48011'45'' West 751.48 feet to the most northerly corner of said Lot 161; thence South 47°56'13'' West 1324.74 feet to the most westerly comer of said Lot 161; thence leaving said centerline North 41°46'09" West 1295.09 feet to the most northerly corner of said Lot 145; thence South 48008'27.' West 1322.95 feet to the most northerly corner of said Lot 136; thence South 47°28'25" West 1322.70 feet to the POINT OF BEGINNING: EXCEPTING therefrom a school site described as follows: COMMENCING at the centerline intersection of Margarita Road with Rustic Glen Drive as shown on a map of Tract No. 21340- 6 filed in Book 183, Pages 92 through 94 of Maps in the Office of the County Recorder of said Riverside County, said intersection being a point on a curve in said centerline of Margarita Road concave southwesterly and having a radius of 1600.00 feet, a radial line of said curve from said point bears South 61o27'29'' West; thence along said curve and centerline northwesterly 67.30 feet through a central angle of 02°24'36"; thence radially from said curve South 59002'53'' West 55.00 feet; thence South 15°15'11" West 33.20 feet; thence South 61o27'29'' West 413.60 feet; thence North 66°37'11.' West 29.19 feet to a point on a non-tangent curve concave southwesterly and having a radius of 739.00 feet, a radial line of said curve from said point bears South 61°22'37'' West; thence along said curve northwesterly 5.04 feet through a central angle of 00°23'26"; Exhibit "A" Legal Description Lennar Property May 10, 2001 JN 15100181-M1 ' Page 4 of 5 thence tangent from said curve North 29°00'49'' West 92.67 feet to the beginning of a tangent curve concave southwesterly and having a radius of 789.00 feet; thence along said curve northwesterly 691.50 feet through a central angle of 50°12'57"; thence radially from said curve South 10°46'14'' West 66.00 feet to a point on a non-tangent curve concave sonthwesterly and having a radius of 723.00 feet, said curve being concentric with and 66.00 feet southwesterly from last said curve, said point being the TRUE POINT OF BEGINNING; thence along said curve southeasterly 633.66 feet through a central angle of 50°12'57"; thence tangent from said curve South 29000'49'' East 92.67 feet to the beginning of a tangent curve concave westerly and having a radius of 673.00 feet; thence along said curve southerly 562.64 feet through a central angle of 47°54'02"; thence tangent from said curve South 18°53'13'' West 7.49 feet; thence South 63°53'13'' West 28.28 feet; thence North 71006'47'' West 291.04 feet; thence North 42027'45'' West 19.18 feet to a point on a non-tangent curve concave southwesterly and having a radius of 67.00 feet, a radial line of said curve from said point bears South 76°11'16'. West; thence along said curve northwesterly and westerly 140.49 feet through a central angle of 120°08'19'' to an intersection with a non-tangent curve concave northeasterly and having a radius of 370.00 feet, a radial line of said curve from said intersection bears North 22006'45'' East; thence along said curve northwesterly 193.43 feet through a central angle of 29°57'14"; thence tangent from said curve North 37°56'01'' West 105.79 feet to the beginning of a tangent curve concave southwesterly and having a radius of 530.00 feet; thence along said curve northwesterly 178.44 feet through a central angle of 19°17'27"; Exhibit "A" Legal Description Lennar Property May 10, 2001 JN 15100181-M1 Page 5 of 5 thence tangent from said curve North 57013'28'' West 104.31 feet; thence North 35°48'18'' East 203.84 feet; thence North 25°32'01'' East 358.49 feet to the TRUE POINT OF BEGINNING. Also, excepting from said Lot 138, the southeast 165.00 feet of the southwest 330.00 feet (measured from the centerline of Jackson Avenue - vacated) of the northwest one-half of said lot. Also, excepting from said Lot 138, the northwest 330.00 feet (measured from the centerline of Cherry Street - vacated) of the southwest 330.00 feet (measured from the centerline of Jackson Avenue - vacated). CONTAINING: 398.34 Acres, more or less. SUBJECT To all covenants, rights, rights-of-way and easements of record. EXHIBIT "A-I" attached hereto and made a part hereof. This description was prepared by me or under my direction. Raymond L. Mathe, P.L.S. 6185 My license expires 3/31/02. H:\PDATA\I5100181\OFFICE\WPwIN~1811gl001.WPD .1000 0 1000 2000 3000 GRAPHIC SCALE / / EXHIBIT ATTACHMENT NO. 1 LEGAL DESCRIPTION LENNAR PROPERTY OF <~PCL "A" PER INST. NO. 375618,0.R. (10-50-91) ~/~ INST. NO. 389573,0.R. (1~-oa-91) SHEET 1 OF 1 SHEET 27555 YNEZ ROAD. SUIT~ 400 T~MECULA, CALIFORNIA 92591~4679 C D N 5 U LTl N G 909676.8042 · FAX 909,676,7240 · www. RBFcom SCALE FIELD BOOK JOB NO. MAY 10, 2001 1"=1000' 15100181-M1 ATTACHMENT NO. 1-B Legal Description of the Winchester Property RBF CONSULTING 27555 YNEZ ROAD, SUITE 400 TEMECULA, CA 92591 EXHIBIT "B" LEGAL DESCRIPTION WINCHESTER HILLS I LLC PROPERTY Revised July 19, 2001 May 10, 2001 JN 15100181-M2 Page 1 of 2 That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lots 109, 110, 120 and 121 (together with those portions of vacated Date Street, Monroe Avenue and Jackson Avenue adjoining said lots), all as shown on a Map of the Temecula Land and Water Company filed in Book 8, Page 359 of Maps, Records of San Diego County, California, together with a portion of Parcel 4 of Parcel Map No. 19677 (together with that portion of Ynez Road adjoining said Parcel 4), allas shown on a map filed in Book 135, Pages 85 and 86 of Parcel Maps, Records of Riverside County, California, described as a whole as follows: BEGINNING at the most northerly corner of said Lot 121, said corner being a point on the centerline of said Jackson Avenue; thence along said centerline South 41038'09'' East 1290.73 feet to the most northerly corner of said Lot 120; thence continuing along said centerline South 42014'33'' East 1290.79 feet to the most easterly corner of said Lot 120; thence continuing along said centerline South 41°52'47" East 794.56 feet to the centefline of said Ynez Road; thence along said centerline of Ynez Road South 30007'20'' West 432.14 feet to .the beginning of a tangent curve concave southeasterly and having a radius of 1675.00 feet; thence along said curve southwesterly 699.71 feet through a central angle of 23°56'04" to the easterly prolongation of a course in the southeasterly line of said Parcel 4 shown as "North 83°48'37" West" on said Parcel Map; thence radially from said curve, along said course and prolongation North 83048'44'' West 142.82 feet to an angle point in said southeasterly line; Exhibit "B" Legal description Winchester Hills I LLC Property Revised July 19, 2001 May 10, 2001 JN 15100181-M2 Page 2 of 2 thence along said southeasterly line South 63°31'52" West 962.68 feet to the most ~outherly corner of said Parcel 4 and a point in the northeasterly line of Interstate 215; thence along said northeasterly line through the following courses: North 29026'02" West 376.97 feet; thence North 30o35'46'' West 450.40 feet; thence North 28°41'12'' West 758.78 feet; thence North 18040'57.' West 346.24 feet; thence North 28039'30'' West 199.91 feet; thence North 37°45'11" West 253.17 feet; thence North 29°58'20" West 449.97 feet; thence North 21"49'02" West 251.95 feet; thence North 28°24'39" West 519.02 feet to the northwesterly line of said Lot 121; thence along said northwesterly line North 48o10'42'' East 1190.56 feet to the POINT OF BEGINNING. CONTAINING: 135.24 Acres, more or less. SUBJECT To all covenants, rights, rights-of-way and easements of record. EXHIBIT "B-I" attached hereto and made a part hereof. This description was prepared by me or under my direction. Raymond L. Mathe, P.L.S. 6185 My license expires 3/31/02. H:\PDATA\15100181\OFFICE\WPWIN~1811gI002.WPD ~000 1000 GRAPHIC SCALE 2000 3000 . '<9 ~b J 'b ? .~ ,~' EXHIBIT ATTACHMENT NO. 2 LEGAL DESCRIPTION WINCHESTER HILLS I LLC PROPERTY OF SHEET CONSULTING <~PCL "A" PER INST. NO. 375618,0.R. (10-50-91) ' ~NST. NO. 389573,0.R. (11-o8-91) 1 BF 1 SHEET 27555 YNEZ ROAD, SUI'~ 400 3~_MECULA, CALJFORNIA 9259P4679 909.676.~042 · FAX 909.676.7240 · w',w~BF.com REVISED dULY 19, 2001 SCALE FIELD BOOK I JOB ND, MAY t0, 2001 1"=1000' I 15100181-M2 A'I-I'ACHMENT NO. 1-C Legal Description of the Property RBF CONSULTING 27555 YNEZ ROAD, SUITE 400 · TEMECULA, CA 92591 Revised July 19, 2001 May 31, 2001 JN 15100181-M3 Page 1 of 6 EXHIBIT "C" LEGAL DESCRIPTION LENNAR/WINCHESTER HILLS I LLC PROPERTY That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being Lots 136, 143, 144, 145, 161 and 162; 'together with those portions of Lots 109, 110, 120, 121, 137, 138, 139, 142, 163, 166, 167 and 168; together with all streets adjoining said lots which would pass with the title to said lots, all as shown on a map of the Temecula Land and Water Company on file in Book 8, Page 359 of Maps, Records of San Diego County, California; and also together with Parcel 4 of Parcel Map No. 19677 and a portion of Ynez Road adjoining said Parcel 4 as shown on a map filed in Book 135, Pages 85 and 86 of Parcel Maps in the Office of the County Recorder of said Riverside County, described as a whole as follows: BEGINNING at the most northerly corner of said Lot 121, said comer being a point on the centerline of Jackson Avenue; thence along the northwesterly line of said Lot 121 South 48010'42'' West 1190.56 feet to the northeasterly line of Interstate 215; thence along said northeasterly line through the following courses: South 28o24'39'' East 519.02 feet; thence South 21°49'02" East 251.95 feet; thence South 29o58'20'' East 449.97 feet; thence South 37°45'11" East 253.17 feet; thence South 28°39'30'' East 199.91 feet; thence South 18°40'57'' East 346.24 feet; thence South 28°41'12" East 758.78 feet; Exhibit "C" Legal Description Lennar/Winchester Hills I LLC Property Revised July 19, 2001 May 31, 2001 JN 15100181-M3 Page 2 of 6 thence South 30035'46'.. East 450.40 feet; thence South 29°26~02" East 376.97 feet to the southwesterly corner of said Parcel 4 of Parcel Map No. 19677; thence leaving said northeasterly line, along the southerly line of said Parcel 4 North 63°31'52" East 962.68 feet to an angle point therein; thence continuing along said southerly line South 83048'44TM East 92.82 feet; thence continuing South 83o48'44'' East 50.00 feet to a point on a non-tangent curve in the centerline of ynez Road concave southeasterly and having a radius of 1675.00 feet, a radial line of said curve from said point bears South 83°48'44" East; thence along said curve and centerline northerly 699.71 feet through a central angle of 23°56'04"; thence continuing along said centerline, tangent from said curve North 30007'20'' East 432.14 feet to the boundary line of Parcel Map No. 21361 filed in Book 139, Pages 89 and 90 of Parcel Maps in the Office of the County Recorder of said Riverside County; thence along said boundary line through the following courses: North 41o52'47'' West 52.57 feet to an angle point therein; thence North 30007'20'' East 55.26 feet; thence South 59052'40.' East 100.00 feet; thence South 13°39~32" East 33.24 feet to a point on a non-tangent curve concave northeasterly and having a radius of 811.00 feet, a radial line of said curve from said point bears North 30o07'20'' East; thence along said curve southeasterly 397.97 feet through a central angle of 28006'57'' to a point of reverse curvature with a curve concave southwesterly and having a radius of 889.00 feet, a radial line of said curve from said point bears South 02o00'23'' West; thence along said curve southeasterly 422.79 feet through central angle of 27°14~56"; Exhibit "C" Legal Description Lennar/Winchester Hills I LLC Property thence tangent from said curve South 60°44'41'' East 39.00 feet; Revised July 19, 2001 May 31, 2001 JN 15100181-M3 Page 3 of 6 thence South 60°56'17" East 936.88 feet to the most easterly corner of said Parcel Map and a point in the northwesterly line of the Santa Gertrudis Channel as described in a deed recorded November 8, 1991 as Instrument No. 389573 of Official Records in said Office of the Riverside County Recorder; thence leaving said boundary line, along said northwesterly line of the Santa Gertrudis Channel North 32°39'01" East 109.75 feet to an angle point in the northwesterly line of Parcel "A" as described in a deed recorded October 30, 1991 as Instrument No. 375618 of Official Records in said Office of the Riverside County Recorder; thence along said northwesterly line the Santa Gertrudis Channel as described in said Parcel "A" through tl~e following courses: North 37°12'02" East 1203.85 feet; thence North 21°20'13TM East 133.00 feet to the beginning of a tangent curve concave southeasterly and having a radius of 50.00 feet; thence along said curve northeasterly 58.04 feet through a central angle of 66°30'33"; thence non-tangent from said curve South 87°51'25" East 55.00 feet to a point on .a non-tangent curve in the centerline of Margarita Road concave easterly and having a radius of 1200.00 feet, a radial line of said curve from said point bears South 87°51'25" East; thence leaving said northwesterly line, along said centerline through the following courses: along said curve northerly 632.82 feet through a central angle of 30°12'53"; thence tangent from said curve North 32021'28'' East 745.62 feet to the beginning of a tangent curve concave westerly and having a r.adius of 1600.00 feet; thence along said curve northerly and northwesterly 2100.47 feet through a central angle of 75°13'03"; thence tangent from said curve North 42051'35'' West 1399.68 feet to the centerline of Date Street; thence leaving said centerline of Margarita Road, along said centerline of Date Street through the following courses: S6uth 48011'45" West 751.48 feet to the most northerly coruer of said Lot 161; Exhibit "C" Legal Description Lennar/Winchester Hills I LLC Property Revised July 19, 2001 May 31, 2001 JN 15100181-M3 Page 4 of 6 thence South 47°56'13'' West 1324.74 feet to the most westerly corner of said Lot 161; thence leaving said centerline North 41046'09" West 1295.09 feet to the most northerly corner of said Lot 145; thence South 48008'27'' West 1322.95 feet to the most northerly corner of said LOt 136; thence South 47o28'25'' West 1322.70 feet to the POINT OF BEGINNING: EXCEPTING therefrom a school site described as follows: COMMENCING at the centerline intersection of Margarita Road with Rustic Glen Drive as shown on a map of Tract No. 21340- 6 filed in Book 183, Pages 92 through 94 of Maps in the Office of the County Recorder of said Riverside County, said intersection being a point on a curve in said centerline of Margarita Road concave southwesterly and having a radius of 1600.00 feet, a radial line of said curve from said point bears South 61027'29'' West; thence along said curve and centerline northwesterly 67.30 feet through a central angle of 02°24'36"; thence radially from said curve South 59002'53'' West 55.00 feet; thence South 15°15'11'' West 33.20 feet; thence South 61027'29'' West 413.60 feet; thence North 66%7'11" West 29.19 feet to a point on a non-tangent curve concave southwesterly and having a radius of 739.00 feet, a radial line of said curve from said point bears South 61022'37'' West; thence along said curve northwesterly 5.04 feet through a central angle of 00°23'26"; thence tangent from said curve North 29000'49'' West 92.67 feet to the beginning of a_tangent curve concave south~vesterly and having a radius of 789.00 feet; thence along said curve northwesterly 691.50 feet through a central angle of 50°12'57"; thence radially from said curve South 10°46'14'' West 66.00 feet to a point on a non-tangent Exhibit "C" Legal DescriptiOn Lennar/Winchester Hills I LInC Property Revised July 19, 2001 May 31, 2001 JN 15100181-M3 Page 5 of 6 curve concave southwesterly and having a radius of 723.00 feet, said curve being concentric with and 66.00 feet southwesterly from last said curve, said point being the TRUE POINT OF BEGINNING; thence along said curve southeasterly 633.66 feet through a central angle of 50°12'57"; thence tangent from said curve South 29°00'49" East 92.67 feet to the beginning of a tangent curve concave westerly and having a radius of 673.00 feet; thence along said curve southerly 562.64 feet through a central angle of 47°54'02"; thence tangent from said curve South 18°53'13'' West 7.49 feet; thence South 63°53'13'' West 28.28 feet; thence North 71006'47'' West 291.04 feet; thence North 42027'45'' West 19.18 feet to a point on a non-tangent curve concave southwesterly and having a r.adius of 67.00 feet, a radial line of said curve from said point bears South 76°11'16'' West; thence along said curve northwesterly and westerly 140.49 feet through a central angle of 120°08'19'' to an intersection with a non-tangent curve'concave northeasterly and having a radius of 370.00 feet, a radial line of said curve from said intersection bears North 22006'45" East; thence along said curve northwesterly 193.43 feet through a central angle of 29°57'14"; thence tangent from said curve North 37°56'01'' West 105.79 feet to the beginning of a tangent curve concave southwesterly and having a radius of 530.00 feet; thence along said curve northwesterly 178.44 feet through a central angle of 19°17'27"; thence tangent from said curve North 57013'28'' West 104.31 feet; thence North 35°48'18" East 203.84 feet; thence North 25°32'01'' East 358.49 feet to the TRUE POINT OF BEGINNING. Exhibit "C" Legal Description Lennar/Winchester Hills I LLC Property Revised July 19, 2001 May 31, 2001 ' JN 15100181-M3 Page 6 of 6 ALSO, EXCEPTING from said Lot 138, the southeast 165.00 feet of the southwest 330.00 feet (measured from the centerline of Jackson Avenue - vacated) of the northwest one-half of said lot. ALSO, EXCEPTING from said Lot 138, the northwest 330.00 feet (measured from the centerline of Cherry Street-- vacated) of the southwest 330.00 feet (measured from the centerline of Jackson Avenue - vacated). CONTAINING: 533.58 Acres, more or less. SUBJECT To all covenants, rights, rights-of-way and easements of record. EXHIBIT "C-I" attached hereto and made a part hereof. This description was prepared by me or under my direction. Raymond L. Mathe, P.L.S. 6185 My license expires 3/31/02. H:\PDATA\15100181\OFFICE\WPWIN~1811gl003.WPD 1000 0 IOO0 GRAPHIC SCALE 2000 EXHIBIT ~C-1~ ATTACHMENT NO. 5 LEGAL DESCRIPTION LENNAR/WlNCHESTER LLC PROPERTY OF HILLS <¢~ PCL "A" PER INST. NO. 575618,0.R. (m-5o-91) . INST. NO. 389573,0.R. <~> (11-08-91) SHEET 1 gF 1 SHEET 0 0 N $ U.LTI N B 27555 ~ ROAD, SUrTE 400 TEMECULA, CALIFORNIA 92591-4679 gog.676.8042 · FAX 909.676.7240 · '¢nw~BF.cam REVISED JULY 19, 2001 SCALE FIELD BOOK JOB NO, MAY 31, 2001 1"=1000' 15100181-M5 ATTACHMENT NO. 2 Benefits of the Project t ATTACHMENT NO. 3 Project Actions and Approvals ATTACHMENT 3 TO HARVESTON DEVELOPMENT AGREEMENT DEVELOPMENT PLAN APPROVALS 2. 3. 4. General Plan, as amended on by Ordinance No. Harveston Specific Plan No. 13 (Ordinance No. ) Harveston Final Environmental Impact Report (Resolution No. ) Mitigation Monitoring Program for the Harveston Final Environmental Impact Report (Resolution No. .) 5. Development Agreement (Ordinance No. 6. Change of Zone (Ordinance No. ) 7. Tentative Tract Map No. 29639 (Resolution No. 8. Tentative Tract Map No. 29928 (Resolution No. 9. Tentative Tract Map No. 29929 (Resolution No. 10. Tentative Tract Map No. 30088 (Resolution No. 11. Development Code Amendment (Ordinance No. 12. Specific Plan Zoning Standards (Ordinance No. ) ) ) ) 1650814.1 (Word) ATTACHMENT NO. 4 Existing Regulations ATTACHMENT 4 TO HARVESTON DEVELOPMENT AGREEMENT 2. 3. 4. 5. 6. EXISTING REGULATIONS City of Temecula General Plan, as amended by Ordinance No. __ City of Temecula Development Code (Ordinance No. __) Subdivision Ordinance (Ordinance No. 99-23) City - Wide Design Guidelines (Ordinance No. ) Ordinance No. 655 (Mt. Palomar Lighting) Growth Management Program Action Plan as adopted by the City on March 21, 2000 CFD 98-01 Development Impact Fee Municipal Code Section 15.06 1650797.1 (Word) ATTACHMENT NO. 5 Public Infrastructure Attachment 5 I. Prior to issuance of 1st Building Permit for' Phase I Residential Production Units and Ist Occupancy Permit for Phase I Service Commercial ID No. Intersection Improvements Cost 28 Rustic Glen Dr @ (1) Add EB Left Turn Lane 67,700 Margarita Rd (2) Add EB Shared Through and Right Turn Lane (3) Add NB Left Turn Lane (4) Add NB Through Lane (5) Modify WB Right Turn Lane to Shared Through and Right Turn Lane (6) Add SB Through Lane (7) Add SB Right Turn Lane (8) Modify Signal to Accommodate New EB Approach 29 Margarita Rd @ (1) Add NB Left Turn Lane 167,500 South Project (2) Add SB Right Turn Lane Residential (3) Add EB Left Turn Lane (4) Add EB Right Turn Lane (Dual) (5) Install Traffic Signal 30A South Project (1) Add EB Through Lane 322,000 Residential Access Rd (2) Add NB Left Turn Lane - Inbound @ Internal (3) Add NB Right Turn Lane Loop Access Rd (4) Add WB Through Lane (5) Install Traffic Sign_al 30B South Project (1) AddEB Through Lane 172,000 Residential Access Rd (2) Add EB Right Turn Lane - Outbound @ Internal (3) Add WB Through Lane Loop Access Rd (4) Add WB Right Turn Lane (5) No Intersection Controls Needed 31 East Project (1) Add NB Through Lane 207,000 Residential Access Rd (2) Add NB Right Turn Lane @ Internal Loop (3) Add WB Left Turn Lane Access Rd (4) Add WB Right Turn Lane (5) Add SB Through Lane (6) Add SB Left Turn Lane 4 Winchester Rd @ (1) Add EB Left Turn Lane (Dual Left) 1,933,200 Ynez Rd (2) Add EB Through Lane (3) Modify NB Through Lane to Shared Through and Left Turn Lane (4) Modify Signal to Provide NB Right Turn Overlap Phase (5) Split NB and SB Signal Phases (6) Add WB Through Lane (7) Modify Signal to Provide SB Right Turn Overlap Phase (8) Add SB Shared Through and Right Turn Lane 5 Winchester Rd @ (1) Modify Signal to Provide SB Right Turn 665,800 Overlap Phase Margarita Rd (2) Modify Signal to Provide NB Right Turn Overlap Phase (3) Add EB Left Tum Lane (Dual) 1 Winchester Rd @ (1) Add EB Right Turn Lane 645,800 Jefferson Ave (2) Add NB Right Turn Lane (Dual Right) (3) Add SB Left Tum Lane (4) Convert SB Right Turn Lane to Shared Through and Right Turn Lane 2 Winchester Rd @ (1) Add EB Right Turn Lane 419,100 1-15 Southbound (2) Add SB Dedicated Left Turn Lane (Dual Left) Ramp and Widen Off Ramp to Accommodate the Added Lane NONE Margarita Road Complete East half Widening of Margarita Road 450,000 Total of Improvements Prior to 1st Building Permit $5,050,100 II. Prior to Project Build-out, per the Project EIR ID Intersection Improvements Cost No. 10 Murrieta Hot Springs (1) Add WB Left Turn Lane (Dual) 351,900 Rd @ Jefferson Ave (2) Channelize NB Right Turn Lane to Allow Free Right Turn Movement 12 MurrietaHot Springs (1) AddWB RightTurn Lane 242,300 Rd @ Alta Murata Dr (2) Modify WB Shared Through and Right Turn Lane to Through Lane 13 Murrieta Hot Springs (1) Modify EB Through Lane to Shared Through 9,600 Rd @Margarita Rd and Right Turn Lane (2) Modify NB Through Lane to Shared Through and Left Turn Lane 18 Overland Dr @ (1) Modify Signal to Provide WB Right Turn 227,400 Overlap Phase Jefferson Ave (2) Modify Signal to Provide NB Right Turn Overlap Phase (3) Split NB and SB Sig~aI Phases (4) Add EB Right Tum Lane 19 Overland Dr @ (1) Add WB Right Tum Lane 227,400 Ynez Rd (2) Modify WB Shared Through and Right Turn Lane to Through Lane (3) Modify Signal to Provide WB Right Turn Overlap Phase (4) Modify Signal to Provide SB Right Turn Overlap Phase 26 Overland Dr @ (1) Modify NB Through Lane to Shared Through 1,700 Margarita Rd and Left Turn Lane (2) Split NB and SB Signal Phases 32 Date St @ (1) Add 3 EB Through Lanes 184,500 Ynez Rd (2) Add EB Left Turn Lane (3) Add EB Right Turn Lane (4) Add 2 NB Through Lanes (5) Add NB Left Turn Lane (6) Add NB Right Turn Lane (7) Add 2 WB Through Lanes (8) Add 2 WB Left Turn Lanes (Dual Left) (9) Add WB Right Turn Lane (10) Add 2 SB Through Lanes (11) Add SB Left Turn Lane (12) Add SB Right Turn Lane (13) Install Traffic Signal 33 Date St @ (1) Add NB Through Lane 24,200 Service Commercial (2) Add NB Right Turn Lane Access I (3) Add WB Left Turn Lane (4) Add WB Right Tum Lane (5) Add SB Through Lane (6) Add SB Left Turn Lane (7) Install Stop Signs on NB and SB Approaches 34 Date St @ (1) Add 2 EB Through Lanes 174,200 North Project (2) Add EB Left Turn Lane Residential Access Rd (3) Add EB Right Turn Lane (4) Add NB Shared Through and Left Turn Lane (5) Add NB Left Turn Lane (6) Add NB Right Tum Lane (7) Add 2 WB Through Lanes (8) Add WB Left Turn Lane (9) Add WB Right Tum Lane (10) Add SB Shared Through and Right Turn Lane (11) Add SB Left Turn Lane (12) Install Traffic Signal 35 North Project (1) Add EB Through Lane 104,100 Residential Access Rd Internal Loop Access (2) Add EB Left Turn Lane Rd (3) Add WB Through Lane (4) Add WB Right Turn Lane (5) Add SB Left Turn Lane (6) Add SB Right Turn Lane (7) Install Stop Signs on EB and WB Approaches 36 Ynez Rd @ (1) Add EB Through Lane 26,850 Service Commercial (2) Add EB Right Turn Lane Access II (3) Add NB Left Turn Lane (4) Add NB Right Turn Lane (5) Add WB Through Lane (6) Add WB Left Turn Lane (7) Install Stop Signs on EB and WB Approaches 37 Ynez Rd @ (1) Add EB Right Turn Lane 13,425 Service Commercial (2) Add 2 NB Through Lanes Access HI (3) Add NB Left Turn Lane (4) Add 2 SB Through Lanes (5) Add SB Right Tum Lane (6) Install Stop Sign on EB Approach 38 Ynez Rd @ (1) Add EB Shared Through and Right Turn Lane 176,850 Service Commercial (2) Add EB Left Turn Lane Access IV (3) Add 2 NB Through Lanes (4) Add NB Left Turn Lane (5) Add NB Right Turn Lane (6) Add WB Shared Through and Right Turn Lane (7) Add WB Left Tum Lane (8) Add 2 SB Through Lanes (9) Add SB Left Turn Lane (10) Add SB Right Turn Lane (11) Install Traffic Signal 39 Date St @ (1) Add EB Shared Through and Left Turn Lane 157,000 Margarita Rd (2) Add EB Left Turn Lane (3) Add EB Right Turn Lane (4) Add 2 NB Through Lanes (5) Add NB Left Turn Lane (6) Add NB Right Turn Lane (7) Add WB Shared Through and Right Turn Lane (8) Add WB Left Turn Lane (9) Add SB Through Lane (10) Add SB Shared Through and Right Turn Lane (11) Add SB Left Turn Lane (12) Add SB Right Turn Lane (13) Install Traffic Signal Sub-total of Improvements prior to Build-out Total of Ail Intersection Improvements $1,921,425 $6,971,525 ATTACHMENT NO. 6 Intentionally Omitted Intentionally Omitted ATTACHMENT NO. 7 Public Finance Plan ATTACHMENT NO. ? TO HARVESTON DEVELOP _A~_-NT AGJ~s'r MF. NT PI~OPOSED PUBLIC FACILFTI~S FINANCING PLAN Thc City of Temecula (thc "City") will use its be~ efforts m cause the Temecula Public F!,?~ein8 Authority (the "TPFA") 9,~d the W'mchestcz Hills Financing Autho~ty (the "W'EPA") to underm~ th~ following actions, subject in any cvcnt to any applicable reqmr~nents of the California Governmem Code (the '~ode") ~.d the outstanding Fiscal Agent Agn~n~nt (the "1998 Agreement*') to w~ch the W'HFA is a party: Proposed A_~ions by the WHFA: a. Execut~ an ~ to the 1~8 .d~rccmant (th~ "Am,'~r") to pcrmi~ a one timc special ol~omd rcdm~tion of Thc bon~ oul:mnding und~ the 19~8 ^gt~ement (thc "WHOA Bonds"), on any d~c on o~ prior m Fcbrmuy I, 20ol, a~ a _~,'~.~inn pricc ~ lO.3% of T~ prin~pel ammm~ of thc WHFA Boats To be reckcm& together with a~cruai inun'est to thc n-~. __~. ~ion date. b. Work with Stone & Yo,~.*t~erg LLC to obutin thc necessary WHFA If tl~ sale of th~ TPFA bonds descn'b~ below (thc "TPFA Bonds") socces.~ direct the fiscal agent under the 1998 Agrecn~nt to call the WHlrA Bonds for redemption, ~,t upon r~.elpt of a potion of thc pn~cecds of thc TPFA Bonds s~l~cicnt for such purpose, direct the ~scal agent Io redea~ all rite ou~stancling WHFA Bonds, with such rcd~m,n~ion to occur an the d~e of issuance of the 'FPFA Bonds. Upon rcdcroptlon of the WI-IFA Bonds, record a not'cc of ~elcase of special tax licn in the o~ce of the County R~order acknowledl~ing releas~ of all pan:els in th~ W't~A's Cov~munity Facilities District No. 98-1 f~m the special tax lien securing payment of the WHFA Bonds. Proposed Actions by the TPFA: The Board of Directors of the TPFA will adopt, em tl~ smmc date as d~e City Council conside~ approval of the Development Agreement. resolu~om of ip!,.~,~,~ u) form and incur bonded indebtedness of a communJt~ facilities district (the "(~'*) to include property currantly owned by Lenmr Homes of California, Lq~. ("Lennar') and W*mchcsu~ Hills f, LLC, which propm'ty was previously im:tuded in the community faci~ties disuic[ ~ by th~ WHOA. TI~ Boml of Direcu~ of d~ TPFA will conduct a public hearing on d~ fonrm~ion o£ the C~ and, 2~53t-9; 164~t~6o..3 [~,om'] 1 ncccsse~ ~u finel convcrsion of' the in~-~s~ re~ on ~he TPFA Bo~d~ ~ v~lc m ~ Sp~ ~ ~ on ~clo~ pmp~ ~ ~ lc~ ~y ~ 1~ mo~y on ~vel~ p~ ~ ~ w~ch ~e ~e ~ Ci~ will ~ iu b~ · A~hmmt No. ~ espn ~ my way ob~ ~ ~ ~ C~ m ~ee ~ F~ m be o~ ~or ~ by ~ ~. A'I-I'ACHMENT NO. 8 Vested Rights M~achment No. 8 to Htrveston Development Agreement LENNAR PROPERTY - The vested fights afforded by the Agrccrncut include, without limitation, the r~gin lo the following. Bui!~_,_'~S and occupancy permits for 1,921 dwelling units, incl~4!~S: a- approximately 578 'Low Medium" density, as defined in thc Sp~it~c Plan, dwelling b. approximately 475 "Medium 1" density, as defined in t~ Specific Plan, dwelling c. approximately 568 "Medium 2" density, aa d~fined in the Specific Plan, dwelling units; and "High" ,!?,,!ty, as defined in thc Specific Plan. dw¢!!!%· traits. d. q~proxLmamlY 300 Building ~ occupancy permits for 20,000 square feet of mixed u~e developm~m! within the Village Cemcr. Building and occupancy p~its for a privale Village Club facility of approxinmely 10,000 square feet with pool and o,,_a~or facilities on approximately 2.5 acres. Permits for the construc6on of a lake of ~ppmximately 8 acres. Build and occupy the village club, dwelling units and mixed use dcvelopmen~ in accordance with tho Design Guidclines set fm'~h in Section 10 of thc Specific Plan and th~ Developmev~ S~andarda scl forth in Section 11 of thc Specific Plan. Tm~fcr dwelling units between PI-,,-i-S Areas, and vary the intensity of developmm~ within a Planning Arcs, in accordance with Secdon 12.7 of the Specific Plan. WINCHESTER PROPERTY - Thc vested right~ afforded by thc Agreement include, without }!,~i~ation, the right Io the following: Building ?,~d occupancy pcrmits for thc development of 112.~ acres of Service Ce~,,,~.wial at floor area mio range of.3 to 1.~. BuiM and occupy thc servicc c~_mmercial development in accordance with the Design Guidelines set forth in Section 10 of the Specific Plan and thc Dcvelopmcn! Standa.,ds set forth in Section ! 1 of the Spec~c Plan. ATTACHMENT NO. 9 Intentionally Omitted Intentionally Omitted ATTACHMENT NO. 10 Limited Development Area ATTACHMENT NO. 11 SPECIFIC PLAN 13 (Specific Plan 13 is on file in the Official Records of the City Clerk and incorporated herein by this reference as though set forth in full.) ATTACHMENT NO 11 PLANNING COMMISSION STAFF REPORT - JUNE 20, 2001 R:\S P~Harveston Sl~City CounciI\STAFFRPT 8-14-01.doc 17 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION June 20, 2001 01 1811V4t Planning Application Planning Application Planning Application Planning Application Planning Application Planning Application Planning Application Planning Application Planning Application Planning Application Planning Application No. 00-0419 - General Plan Amendment for Harveston No. 99-0418 - Harveston Specific Plan No. 13 No. 99-0418 - Development Code Amendment No. 99-0418 - Specific Plan Zoning Standards No. 00-0189 - Harveston Environmental Impact Report No. 99-0245 - Change of Zone No. 99-0446 - Development Agreement No. 00-0295 - Tentative Tract Map No. 29639 No. 01-0030 - Tentative Tract Map No. 29928 No. 01-0031 - Tentative Tract Map No. 29929 No. 01-0032 - Tentative Tract Map No. 30088 Prepared By: Patty Anders, Associate Planner RECOMMENDATION: The Community Development Department - Planning Division Staff recommends the Planning Commission: 1. ADOPT a Resolution entitled: PC RESOLUTION NO. 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA, CALIFORNIA, RECOMMENDING CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE HARVESTON SPECIFIC PLAN AND RELATED ACTIONS AND RECOMMENDING ADOPTION OF THE ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE HARVESTON SPECIFIC PLAN, LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT (PLANNING APPLICATION 00-0189). R:\S P~arveston SP~PC Docs\ PC STAFFRPT.doc 1 2. ADOPT a Resolution entitled: PC RESOLUTION NO. 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE THE FOLLOWING: 1) GENERAL PLAN AMENDMENT FOR THE HARVESTON SPECIFIC PLAN (PLANNING APPLICATION NO. 00-0419); 2) THE HARVESTON SPECIFIC PLAN NO. 13 (PLANNING APPLICATION NO. 99-0418); 3) ADOPT AN ORDINANCE AUTHORIZING THE HARVESTON SPECIFIC PLAN ZONING STANDARDS (PLANNING APPLICATION NO. 99- o418); 4) ADOPT AN ORDINANCE AUTHORIZING A CHANGE OF ZONE TO AMEND THE OFFICIAL ZONING MAP OF THE CITY (PLANNING APPLICATION 99-0246); AND 5) ADOPT AN ORDINANCE AUTHORIZING A CODE AMENDMENT TO SECTION 17.16.070 OF THE TEMECULA MUNICIPAL CODE (PLANNING APPLICATION NO. 99-0418); 6) ADOPT AN ORDINANCE AUTHORIZING THE HARVESTON DEVELOPMENT AGREEMENT FOR THE SERVICE COMMERCIAL AND RESIDENTIAL PORTIONS OF THE SPECIFIC PLAN (PLANNING APPLICATION NO. 00-0446); ON PARCELS TOTALING APPROXIMATELY 550 ACRES LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 910- 261-001,910-261-002, 910-t 10-013, 910-110-0t5, 910-110-020, 9t0-110- 021, 910-110-027, 910-110-076, 910-100-007, 9t 0-100-008, 910-060-009, 910-120-005, 910-120-007, 910-120-008, 911-630-001, 9t 1-630-002, 91 t - 630-003, 911-640-001, 911-640-002, 911-180-002, 911-180-003, 911-180- 004, 911-180-008, 911-180-009, 911-180-015, 911-180-023, AND 9t 1-180- 028. ADOPT a Resolution entitled: PC RESOLUTION NO. 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF PLANNING APPLICATION NO. 00-0296 - TENTATIVE TRACT MAP NO. 29639, THE SUBDIVISION OF APPROXIMATELY 650 ACRES INTO 9t LOTS WHICH CONFORM TO THE PLANNING AREAS, OPEN SPACE AREAS, SCHOOL AND PARK SITES OF THE HARVESTON SPECIFIC PLAN; PLANNING APPLICATION NO. 01-0030 - TENTATIVE TRACT MAP NO. 29928, THE SUBDIVISION OF APPROXIMATELY 40 ACRES INTO 140 RESIDENTIAL LOTS AND 21 OPEN SPACE LOTS IN PLANNING AREA 7 OF THE HARVESTON R:~S P~arveston SP~PC Docs\ PC STAFFRPT.doc 2 SPECIFIC PLAN; PLANNING APPLICATION NO. 01-0031 -TENTATIVE TRACT MAP NO. 29929, THE SUBDIVISION OF APPROXIMATELY 20 ACRES INTO 118 RESIDENTIAL LOTS AND 3 OPEN SPACE LOTS IN A PORTION OF PLANNING AREAS 3 AND 4 OF THE HARVESTON SPECIFIC PLAN; AND PLANNING APPLICATION NO. 0'1-0032 - TENTATIVE TRACT MAP NO. 30088, THE SUBDIVISION OF APPROXIMATELY 9.18 ACRES INTO 38 RESIDENTIAL LOTS AND 8 OPEN SPACE LOTS IN A PORTION OF PLANNING AREA 4 OF THE HARVESTON SPECIFIC PLAN LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE CITY LIMIT, AND KNOWN AS ASSESSOR PARCEL NOS. 910-261, -001,910-261-002, 910-110-013, 910-t10-015, 9'10-110-020, 910-110-021,9'10-110-027, 910-'110-076, 910-100-007, 910- 100-008, 910-060-009~ 910-120-008, 9'1 '1-630-001, 9'1 t -630-002, 9'1 '1-630- 003, 9t t -640-001, 9t t -640-002, 911-180-002, 9t 1-180-003, 9t 1-180-004, 911-'180-008, 9t1-180-009, 9'11-180-0t5, 911-180-023 AND 911-180-028. APPLICATION INFORMATION APPLICANT: Lennar Communities REPRESENTATIVES: Bill Storm, Lennar Communities Jayna Morgan, EDAW Matthew Fagan, Fagan Consulting Bill Green, RBF Consulting PROPOSAL: A Specific Plan consisting of approximately 550 acres proposing 1,921 residential units with a variety of residential product types and lot sizes; a 12 acre elementary school site; a 7 acre lake with a 6.9 acre lake park; a 16.5 acre community park; a 13.8 acre arroyo open space park; a Mixed-Use Overlay zone (Village Green); and 112.5 acres of Service Commercial land adjacent to Interstate 15. A Development Code Amendment to amend Section 17.16.070 of the City of Temecula Development Code and adopt the Specific Plan Zoning Standards for residential and commercial development contained in Chapter 11, Development Standards, of the Harveston Specific Plan. A General Plan Amendment for the reallocation of the existing land uses within the Specific Plan, for the two excluded parcels that are not owned by Lennar and the approximately 1.3 acre parcel north and west of Ynez Road and Equity Drive. The Land Use designation for the excluded parcels will be changed from NC (Neighborhood Commercial) to LM (Low Medium Density Residential). The Land Use Designation of the triangular piece will be changed from Service Commercial (SC) to Business Park (BP). R:~S P~Harveston SP~PC Docs\ PC STAFFRPT.doc 3 A change of zone for the 1.3-acre pamel located north and west of Ynez Road and Equity Drive to remove this parcel from the existing SP (Specific Plan) zoning classification, as it is not part of the proposed Specific Plan. The zoning will be changed to LI (Light Industrial) and will be consistent with the General Plan Land Use Designation of Business Park (BP). A City initiated change of zone for the two excluded parcels is also required. The two parcels are currently zoned SP and will be changed to LM (Low Medium Density Residential) to provide appropriate development potential. LOCATION: East of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern City limit. EXISTING ZONING: SP (Specific Plan) SURROUNDING ZONING: North: Residential/Business Park South: Community Commercial and Public Institutional East: Low Medium and Medium Residential West: Service Commercial and City of Murrieta MU-2 (Industrial) PROPOSEDZONING: SP (Specific Plan) No. 13, Harveston, LM (Low Medium) density for the two excluded parcels not owned by Lennar, and LI (Light Industrial) for the approximately 1.3 acre parcel being removed from the Specific Plan zoning classification. EXISTING GENERAL PLAN DESIGNATIONS: LM (Low Medium Density), M (Medium Density), H (High Density), NC (Neighborhood Commercial), SC (Service Commercial), OS (Open Space) and P (Public/Institutional) PROPOSED GENERAL PLAN DESIGNATIONS: LM (Low Medium Density), M (Medium Density), H (High Density), SC (Service Commercial), OS (Open Space) and P (Public/institutional) EXISTING LAND USE: Vacant SURROUNDINGLAND USES: North: South: East: West: ResidentialNacant Land Business Park/Retail/Commercial Chaparral High School, Winchester Creek Park and Existing Residential Interstate 15, Business and Industrial Parks, Vacant Land R:\S P~Harveston SP~PC Docs\ PC STAFFRPT.doc 4 BACKGROUND Staff has been working with the applicant and his team of consultants for approximately one and one half years on the proposed Specific Plan, General Plan Amendment and Environmental Impact Report. Per the Commissioner's request, staff held three Commission workshops to discuss the Commissioners' primary areas of concern: Open SpaceNillage Green, Design Guidelines/Architecture and Traffic Impacts/Mitigation Measures. In addition, two community workshops were held at the Chaparral High School: one in the evening on January 24, 2001 and one Saturday morning workshop on January 27, 2001. Both workshops had limited attendance with six people at the evening workshop and two people at the Saturday morning workshop. Staff has had several meetings throughout the process with Channell Commercial. Channell is located in the existing business park immediately south of the subject site. Channell's primary issues are safety impacts relative to traffic, rezoning of the Neighborhood Commercial land to residential, park access off of Equity Drive and losing frontage on Ynez Road with the proposed re- alignment and extension of Ynez Road. The applicant has tried to address their concerns as much as feasible, while still complying with the City's direction relative to park, land use and circulation needs of the overall community. PROJECT DESCRIPTION The Harveston Specific Plan proposes a maximum of 1,921 dwelling units (1,621 single family and 300 multi-family rental units). The project will consist of 150.9 acres of Iow medium density residential (3-5 du/ac), 79.1 acres of medium 1 density residential (5-7 du/ac), 60 acres of medium 2 density residential (7-13 du/ac), and 16.8 acres of high density residential (13-20 du/ac). Other components of the project include 112.4 acres of service commercial (gross site acre excluding Date Street and Ynez Road), a 16.1 acre community park, a 13.8 acre arroyo park, a 17.3 acre lake/lake park facility, three mini-parks (a minimum of 1.5 acres total for the three parks), a 2.5 acre paseo trail, a 1.8 acre Village Green, trails, paseos, bike lanes, and a 12 acre elementary school site within approximately 550 acres. The Specific Plan also allows for an approximately 13 acre mixed-use overlay district. The 13 acre mixed-use district is intended to function as the "Village Center" for the Specific Plan. The development concept for this area allows for a mix of the following uses: retail, restaurant, office, daycare, worship, and a private club house (Village Green). Additional uses such as recreation, education, and residential (including multi-family) will be provided adjacent to or within the Village Center. A maximum of 20,000 square feet of commercial/retail, which may include residential, recreation, educational and office uses are permitted in this zone along with a 2.0-acre Village Club. The residential uses that may occur within the mixed-use district would not be in addition to nor would they exceed the maximum 1,921 dwelling units. The "Village Center" uses are intended for retail and service uses of a community nature that will attract people from the immediate neighborhoods. The proposed project also includes an overall phasing map and three tentative tract maps for the first phase of development. To implement the project, a Change of Zone and General Plan amendment are required for the two excluded parcels and the approximately 1.3 acre parcel north and west of Ynez Road and Equity Drive. The zoning and land use designation of the two excluded parcels is proposed to change from Neighborhood Commercial (NC) to Low Medium Density Residential (LM). The approximately1.3 acre triangular parcel is proposed to change from a zoning classification of Specific Plan (SP) to Business Park (BP), and the land use designation is being R:~S P',Harveston SP~PC Docs\ PC STAFFRPT.doc 5 changed from Service Commercial (SC) to Light Industrial (LI). The overall existing General Plan Land Use Designations will be reailocated within the project area. A Development Code Amendment to amend Section 17.16.070 of the City of Temecula Development Code to add the Harveston Specific Plan is also required. Due to the uncertainty of the Ynez Road alignment, the triangular piece may vary in size and result in a parcel with a very irregular shape, limited access and difficult to develop. The applicant has tentatively agreed to sell this unusual piece of land to the adjacent industrial user, Channell Commercial. As part of the negotiations with Channel Commercial, staff has agreed that due to the unusual circumstances, irregular shape and uncertainty of this parcel, a variance to the development standards will likely be required and supported by staff. ANALYSIS LAND USE The Specific Plan has twelve Planning Areas and eight different land use classifications. The land use classifications are as follows: LM (Low-Medium, Density 3-5 du/ac), M1 (Medium-I, Density 5-7 du/acre), M2 (Medium-2, Density 7-13 du/ac), H (High Density, 13-20 du/ac), Mixed-Use Overlay Zone, Park, School and Service Commercial. Shown below are the density ranges, target densities, and the number of dwelling units proposed for each Planning Area: DETAILED LAND USE SUMMARY TARGET PLANNING DENSITY TARGET DWELLING DESIGNATION AREA ACREAGE I~NGE DENSITY UNITS RESIDENTIAL Low Medium 1 41.1 3-5 4.0 164 4 24.5 3-5 3.4 83 7 39.1 3-5 3.6 140 10 46.2 3-5 4.1 191 SUBTOTAL '150.9 -- 3.8 578 Medium 1 2 40.1 5-7 6.0 241 8 39.0 5-7 6.0 234 Subtotal 79.1 -- 6.0 475 Medium 2 3 35.9 7-13 9.2 330 5 7.5 7-13 10.0 75 9 8.6 7-13 9.6 83 11 8.0 7-13 10.0 80 Subtotal 60.0 -- 9.7 568 High 6 16.8 13-20 17.8 300 Subtotal 16.8 -- 17.8 300 RESIDENTIAL TOTAL 306.8 -- 6.3 1,921 R:~S P~--larveston SP',PC Docs\ PC STAFFRPT.doc 6 NON-RESIDENTIAL Community Park 1 16.5 ...... Mini Parks 1 / 7 / 10 1.5 ...... Paseo Park 2 / 3 2.0 ...... Lake Park Facility 3 17.3 ...... Mixed-Use Overlay 3 / 4 / 6 * - ..... Elementary School 4 12.0 ...... Village Green 3 1.8 ...... Arroyo Park 9 13.8 ...... Service Commercial 12 112.5 0.3 - 1.5 .... Major Streets -- 60.2 ...... Triangle Site -- 1.3 ...... Out Parcels -- 3.6 ...... NON-RESIDENTIAL TOTAL 242.7 PROJECT TOTAL 549.5 3.5 1~92t NOTE: The Density Range for the Service Commercial is actually the Floor Area Ratio. COMMUNITY DESIGN At the center or "heart" of the development is the 17.3 acre lake and lake park. The general public will have access to fishing, walking and jogging activities around the lake. However, only the residents of Harveston will have access to the boating facilities and the private Village Club. The lake park contains a 10 foot multi-purpose trail that will allow walking, jogging, picnicking, etc. In addition to the lake park, the Specific Plan provides an extensive trail system adjacent to the collector and arterial roadways. There is also a paseo trail that connects the lake park to the Community Park. The 13.6 acre arroyo park is an environmental mitigation area that will re-create a riparian environment and will be fenced. It will provide a unique opportunity for walking, hiking and picnicking near the arroyo, but not within the mitigation area due to its environmental sensitivity. The Specific Plan is proposing an expanded parkway greenbelt system, or Landscape Development Zones (LDZ) adjacent to collector and higher volume roadways. The LDZ will be landscaped with turf, trees, and various additional plant materials and will vary in width. The sidewalk on the outside of the Loop Road and on Date Street adjacent to the arroyo will meander. Sidewalks that are parallel to the street will be provided in the greenbelt on both sides of the street throughout the development. The Mixed-Use Overlay zone or Village Green is a unique space that allows flexibility for a vadety of uses up to a maximum of 20,000 square feet of commercial/retail uses and a maximum of 15,000 square feet for a Village Club, residential, recreation and educational uses. This area is intended to be a neighborhood "village" with opportunities for live/work situations, outdoor cafes, neighborhood retail, restaurant, office, daycare, worship, and a private clubhouse (Village Club). Additional uses such as recreation, education, and multi-family will be provided adjacent to or within the Village Center. There are specific development standards to ensure a pedestrian oriented, neighborh°°d village within this area through site planning, architecture, landscaping and signage requirements (see Section 11 Development Standards and Figure 11.14). The Village Green is a turf amphitheatre that is located at the major entry off of Margarita Road at the southern end of the Lake. The Village Club is a private area for Harveston residents which may provide a swimming pool, a fitness center and private community facilities. R:~S P~-Iarveston SP\PC Docs\ PC STAFFRPT.doc 7 In an effort to create a less "auto-dependent" development, a transit plan has been developed with input provided from Riverside Transit Agency (RTA). The Village Center, high density residential and the M2 (medium density) are located at the "core" of the project to provide the critical, necessary density needed to support public transit. Moreover, the comprehensive sidewalk/trails system provided within the project provides excellent pedestrian access to the potential transit stops. To ensure a high level of architectural quality, staff has required the applicant to provide extensive, detailed architecture and site planning standards (see Sections 10 Design Guidelines and Section 11 Development Standards). These standards encourage architectural forward site planning by allowing reduced front and rear yard setbacks for homes that meet the definition of architecture forward. In general, the architecture forward is defined as advancing the architecture of the living space forward on the lot, while concurrently, the garage is held in place, or in some instances, the garage may be further recessed (see Section 10.0 Design Guidelines for an expanded definition). This allows the home to be the predominant architectural element of the home, not the garage. Moreover, the Director of Planning may administratively approve modifications to the development standards up to 15% for innovative, quality architecture and site planning. This option is similar to the Development Code's Minor Exception permit. Another feature of the plan is that the individual neighborhoods have been designed with landscape treatments such as open ended cul-de-sacs and extensive open space lots in addition to the required Landscape Development Zone. The individual communities will have landscaped arbors or trellis that are architecturally compatible with the residenecs within the development. The Specific Plan also requires unique light poles and mail boxes in the neighborhoods (not arterial roadways) that compliment the individual community architecture. RESIDENTIAL AREAS The applicant is proposing a variety of product types that will fit on a range of different lot sizes. The lot sizes of the residential Planning Areas are as follows: Planninq Areas 1, 4, 7 and 10 (Low Medium Density 3-5 du/ac): These Planning Areas will have the largest lots and are located predominantly on the outside of the Loop Road and above the arroyo park. A small portion of PA 4 is located within the Loop Road, adjacent to the school. The minimum lot size for these Planning Areas is 4,000 square feet with an average lot size of 5,000 square feet. The Planning Areas are intended to have standard detached single family homes, although there is a provision for attached and clustered products. Planning Areas 2, and 8 (Medium-1 Density 5-7 du/ac): These Planning Areas are to the west of the lake/lake park and located between the Community Park and south of Date Street. The minimum lot size is 3,000 square feet with an average lot size of 3,500 square feet. These Planning Areas are intended to have detached single family homes, as well as attached or clustered product types. Planninq Areas 3, 5, 9 and 11 (Medium-2 Density 7-13 du/ac): These Planning Areas are to the north and south of the lake/lake park, adjacent to the High Density and north of Date Street. The minimum lot size is 2,000 square feet with an average lot size of 2,500 square feet. These Planning Areas are intended to be more dense, detached single family homes on narrower lots, as well as condominium or clustered product types. R:~S P~Harveston SP~C)C Docs\ PC STAFFRPT.doc 8 Planning Area 6 (HLqh Density 13-20 du/ac): This Planning Area is intended to have multi-family product types such as apartments. It is strategically located at the Village Center to be close to the neighborhood commercial and lake facilities. This density is crucial in that it is in walking distances to the future bus services and future commemial/retail businesses that are anticipated in the Village Center. TENTATIVE TRACT MAPS Planning Application No. 00-0295 (Tentative Tract Map No. 29639) is a financing map for the subdivision of approximately 550 acres into 91 lots which conform to the various Planning Areas, Open Space areas, school and park sites of the Harveston Specific Plan. Because the actual alignment of the future interchange is unknown at this time and will not be resolved quickly, the City is requiring the amount of land reasonably foresees as accommodating the required right-of-way to be dedicated for the future interchange at Cherry Street at Interstate 15. Staff is also proposing that no maps be recorded and no development plans be approved in the western half of the project until the Cherry Street alignment is finalized and the future alignment of Ynez Road has been determined. Planning Application No. 01-0030 (Tentative Tract Map No. 29928) proposes the subdivision of approximately 40 acres into 140 residential lots and 21 open space lots in Planning Area 7. The zoning for Planning Area 7 is Low Medium which requires a minimum lot size of 4,000 square feet and an average lot size of 5,000 square feet. Residential lots in Tentative Tract Map No. 29928 range in size from a minimum of 6,000 square feet to a maximum of 14, 647 square feet with an average lot size of 8, 278 square feet. As proposed, this map far exceeds the minimum lot size, width and depth requirements for the LM zoning district. Planning Application No. 01-0031 (Tentative Tract Map No. 29929) proposes the subdivision of approximately 20 acres into 118 residential lots and three open space lots in a portion of Planning Areas 3 and 4. The zoning for Planning Area 3 is Medium 2 and requires a minimum lot size of 2,000 square feet and an average lot size of 2,500 square feet. The proposed residential lots in PA 3 range in size from a minimum of 2,715 square feet to a maximum of 4,529 square feet with an average of 3158 square feet. A portion of the map is within Planning Area 4 which is Low Medium Density. The minimum lot size for Planning Area 4 is 4,000 square feet with an average lot size of 5,000 square feet. The proposed residential lots in PA 4 range in size from a minimum of 4,675 square feet to a maximum of 9,621 square feet with an average of 5,937 square feet. Accordingly, all proposed lots exceed the minimum lot size requirements and each Planning Area provides a variety of lot sizes to help create unique neighborhoods within the same Planning Areas. Planning Application No. 01-0032 (Tentative Tract Map No. 30088) proposes the subdivision of approximately 9.18 acres into 38 residential lots and eight open space lots in a portion of Planning Area 4. The zoning of Planning Area 4 is Low Medium and requires a minimum lot size of 4,000 square feet and an average of 5,000 square feet. The residential lots in Tentative Tract Map 30088 range in size from a minimum of 5,440 square feet to a maximum of 10, 326 square feet with an average of 6,649 square feet. R:~S P~-~arveston SP~PC Docs\ PC STAFFRPT.doc 9 All three tentative tract maps, not including the financing map described above, are providing a variety of lot sizes, site layout, open ended cul-de-sacs and additional open space lots. Maps 29928 and 29929 have been designed with open space lots at the main entries to break up the streetscape and create an area for neighbors to gather. All three maps provide open space lots at the end of the cul-de-sac which will provide pedestrian access to and through the neighborhoods. As proposed, the site layout will allow a variety of plotting to create a varied and interesting streetscape. GENERAL PLAN AMENDMENT A General Plan Amendment is being proposed to allow for the reallocation of the existing land uses within the project area, the two excluded parcels that are not owned by Lennar and the approximately 1.3 acre triangular pamel north and west of Ynez Road. If approved, the General Plan Amendment would change the General Plan Land Use Map in this area to reflect the land uses in the approved Specific Plan. The land use densities for the current General Plan Land Use Designations range from 1,329 to 2,475 dwelling units (d.u.) with a mid-range density of 1,902 d.u. The Land Use Designation range for the Harveston Specific Plan varies from 1,332 d.u. and 2,440 d.u. with a mid-range density of 1,921 d.u. For reference, the previous draft Specific Plan (Winchester Hills) for this property was not approved, but proposed to construct a total of 1,948 units. A copy of this analysis is contained in Attachment No. 7. The analysis of the density ranges illustrates that the proposed density of the Harveston Specific Plan is within the mid range density classification and does propose an overall project density of 3.4 dwelling units/acre. This is consistent with the overall project densities for many of the approved specific plans within the City. The two out pamels are not part of the Specific Plan, and therefore, are not included in the density calculation. Staff has met with both property owners and their respective representatives to review the proposed Specific Plan and General Plan Land Use amendment. The owner of the 2.5 acre parcel is opposed to the property's Land Use Designation being changed from Neighborhood Commercial to Low Medium Residential. The owner of the 1.25 acre pamel would prefer their parcel not be changed from Neighborhood Commercial to Low Medium Residential; however, as an alternative, they would not be opposed to the zoning classification of Medium 1 as proposed within the Specific Plan. They were initially concerned that their parcel would be designated as open space and become part of the Community Park (see correspondence, Attachment No. 6) but feel comfortable that will not occur. In proposing to change the land use and zoning designations of the two excluded parcels, staff was concerned that leaving these parcels Neighborhood Commercial would create the potential for a significant land use conflict. It is the staff's position that the two excluded parcels' land use designations must be changed to ensure that future development of these two parcels will be compatible with the land uses proposed in the Harveston Specific Plan and to facilitate future development of these two parcels by removing the requirement for a separate Specific Plan. Without this change, the owners of the parcels would be required to prepare and receive approval of a specific plan to do any development on these properties. R:~S P'~Harveston SP\PC Docs\ PC STAFFRPT.doc 10 As a result, Staff is recommending that the land use designation of the two excluded parcels be changed from NC (Neighborhood Commercial) to LM (Low Medium Density Residential). Lennar is also requesting that the triangular remnant parcel (approximately 1.3 acres in size) be re-zoned to BP (Business Park). GENERAL PLAN AND ZONING CONSISTENCY The Harveston Specific Plan development concept is consistent with all applicable goals and programs contained within the General Plan and effectively implements the policies of the General Plan and the applicable zoning requirement. The issues and goals identified within each element of the General Plan have been evaluated, and a statement of compliance with the General Plan has been included as Appendix A of the Specific Plan. Staff has also compared the project with the Growth Management Program Action Plan (GMAP) The project supports the goals, policies, and other provisions contained in the GMAP relative to housing needs, alternative modes of transportation, employment opportunities, open space and recreational needs, etc. With the approval of the General Plan Land Use Map Amendment, the Harveston Specific Plan will be consistent with the Land Use Element of the General Plan. Finally, the General Plan Circulation Element Map contains the provision for a roadway, heading east from the intersection with Margarita Road and Date Street, crossing Interstate 15, and intersecting with Jefferson Avenue. Current discussions with Caltrans have indicated that the best location for this connection is south of the current Cherry Street alignment. The City and Developer are currently working with Caltrans to receive approval of a Project Study Report (PSR) that would determine the exact location, size and configuration of this future interchange. The City has historically viewed mad locations in undeveloped areas as conceptual until the final locative details can be determined. The proposed roadway location, labeled the Cherry Street alignment is consistent with both the conceptual location contained in the City of Temecula's General Plan as well as the more precise location depicted in the City of Murrieta's General Plan. The current Circulation Element network map for the City of Murrieta shows a location similar to the Cherry Street Alignment shown in the Specific Plan and EIR. For these roasons, staff believes that the alignment is consistent with the General Plans for both the Cities of Murrieta and Temecula. Staff is recommending that the Planning Commission recommend that the City Council approve the Cherry Street alignment in certifying the EIR and approving the Specific Plan. DEVELOPMENTAGREEMENT Staff has been working with the Applicant on the Development Agreement (D.A.) to resolve the outstanding financing issues and timing of improvements. A complete copy of the D.A. is attached for your review in Exhibit D of Attachment No. 2. CORRESPONDENCE Them are two out parcels located within the Specific Plan that aro not owned by Lennar. Staff has contacted both property owners and had meetings with both of them. Staff met with Mro. Blake who is the owner of the 2.5 acre parcel on October 31, 2000, and with Mr. Bob Stockmar and Mr. Bill Stockmar, the owners of the 1.25 acre parcel, on November 8, 2000. Mro. Blake is not in support of her parcel being changed from neighborhood commercial to residential. A letter dated December R:\S P~an/eston SP~C Docs\ PC STAFFRPT.doc 11 19, 2000, (see Attachment No. 6) was received from the Stockmar's indicating they preferred their parcel not be changed from neighborhood commercial to Iow medium density residential. However, the Stockmar's did indicate that, as an alternative, they would not be opposed to a Medium 1 zoning classification. Another letter was received from Michelle Bedard dated May 30, 2001, requesting, primarily, the multi-family component of the plan be relocated from Margarita Road and placed adjacent to Ynez Road and the proposed Community Park (see Attachment 6). A letter dated May 11, 2001 from Gresham, Savage, Nolan and Tilden, LLP, the legal counsel retained by the Channell Family Trust and Channell Commercial, was submitted to staff challenging the adequacy of portions of the EIR prepared for the project. The letter challenged the land use compatibility, traffic analysis and noise components of the EIR. Staff and the environmental consultant responded to the challenges of the EIR. Both letters are contained in this staff report under Attachment 6-a). Staff feels the EIR was analyzed and prepared in compliance with the requirements and regulations of the California Environmental Quality Act. Staff also received three phone calls through the process from residents expressing concern over the proposed multi-family component of the project. The concern was proximity to their homes in the Winchester Collection and Winchester Creek development. ENVIRONMENTAL DETERMINATION A Draft Environmental Impact Report was prepared under Staff's direction by EDAW, Inc., and was distributed to responsible agencies, interested groups, organizations, and individuals. The Draft Environmental Impact Report (EIR) was made available for public review and comment for a period of forty-five (45) days. The public review and comment period for the Draft EIR established by the State Clearinghouse commenced on November 1,2000 and expired on December 18, 2000. The City of Temecula received written comments and responded to each comment in the Final Environmental Impact Report (FEIR). A copy of the City's response to their comments has been provided to the commenting agencies as required by State law. A copy of both the Draft and Final EIR documents have been previously provided to the Commission. The environmental analysis identified one area where impacts were not considered to be significant (land use) and seven areas where potentially significant impacts were identified which could be avoided or mitigated. These seven areas are: aesthetics/light and glare, transportation, noise, geology and soils, hydrology and drainage, biological resources, and public services and utilities. The one impact area that was identified as resulting in an unavoidable, significant impact was air quality. In accordance with Section 15093 of the State CEQA Guidelines, the City Council must adopt a Statement of Overriding Considerations prior to approving the Harveston Specific Plan. The Statement of Overriding Considerations states that any significant adverse project effects are acceptable if expected project benefits outweigh unavoidable adverse environmental impacts. Ail large projects ir~ Southern California that cause un-mitigatable impacts requiring statements of over- riding consideration. Among the benefits that this project provides the community are: needed General Plan level roadways, including the area for the future interchange with Interstate 15, new varieties of housing types to complement the City's current housing stock, a needed elementary school, and the potential for significant new employment. A copy of the Final Mitigation Monitoring Program is contained in Attachment No. 9. R:~S PV-tarveston Sp~c~C Decs\ PC STAFFRPT.doc 12 Traffic Analysis A Traffic Study report was prepared for the project to determine the traffic impacts at "Project Build- Out". The study assumed that at project build-out Ynez Road would not be extended north to Murdeta Hot Springs Road and the Cherry Interchange at I-15 would not be completed. The City of Murrieta has previously stated that they would not allow Ynez Road to be extended northward until the interchange at Cherry Street was open. As a result, the Traffic Study identified 39 intersections that needed road improvements to mitigate the additional traffic impact caused by the Harveston Specific Plan (see Attachment Nos. 5 and 6). These road improvements are proposed to mitigate the impacts of the project to Level of Service (LOS) D or better. The proposed road improvement mitigation measures are included in the Conditions of Approval of the Specific Plan and Tentative Tract Maps. In addition1 the cumulative impact of traffic after project build-out was addressed by staff. The City Circulation Element shows a need for the Cherry Street Interchange at 1-15 at build out. The Harveston Specific Plan land uses would generate at least 10% of the traffic using the future interchange. In order to mitigate this cumulative impact, staff has conditioned the project to dedicate the necessary right-of- way for construction of the Cherry Street Interchange. This will be included in the Conditions of Approval of the Tentative Tract Maps showing subdivisions in that area. With the mitigation measures shown in the Conditions of Approval, the traffic impacts of this project are determined to be less than significant. Timing of the Mitigation Measures is addressed in the various phases of the project. The intent is to require the traffic mitigation improvements prior to the impact of the construction phase. The Development Agreement will require all improvements to impacted intersections to be built prior to the issuance of the first building permit. Community Mana.qement Enhancement Plan (CMEP} The CMEP is a proposal to make Harveston a less auto dependent community. The CMEP is proposing a shuffle system that would provide an alternative means of transportation for the residents of Harveston, As proposed, the shuttle system would not only provide transportation options within the Harveston community, but would offer service to other key locations within the City such as the mall, schools, CRC, post office, etc. The CMEP was developed in cooperation with Riverside Transit Agency (RTA) and the developer is proposed to implement the CMEP as part of the project. A copy of the CMEP is included as Exhibit 11 of this report. SUMMARY/CONCLUSIONS Staff recommends that the Planning Commission recommend that the City Council certify the Environmental impact Report, approve the Mitigation Monitoring Program, the Harveston Specific Plan, Development Agreement and the four tentative tract maps pursuant to the following findings and subject to the attached conditions of approval. FINDINGS Plannin.q Application No. 00-0189 - Harveston Environmental Impact Report The Environmental Impact Report was prepared and circulated in conformance with the provisions of the California Environmental Quality Act and Guidelines. R:~S P~Harveston SP~PC Docs\ PC STAFFRPT,doc 13 The Planning Commission reviewed the Draft and Final Reports prior to considering these matters, and listened to all testimony prior to making their decision to recommend certification of the Final Environmental Impact Report to the City Council. PlanninR Application No. 0041 - General Plan Amendment The project as proposed and conditioned is compatible with the health, safety and welfare of the community. The project has been reviewed by agencies and staff and determined to be in conformance with the City's General Plan, Development Code, Design Guidelines and Growth Management Program Action Plan. These documents set policies and standards that protect the health, safety and welfare of the community. Access and circulation are adequate for emergency vehicles. The two excluded parcels not under the applicant's ownership that are located within the Specific Plan shall hereby be rezoned from SP (Specific Plan overlay district) to LM (Low Medium Density Residential) to be compatible with the surrounding land uses of the Harveston Specific Plan. The General Plan Land use Designation of these two parcels will be changed from NC (Neighborhood Commercial) to LM (Low Medium Density Residential). The City hereby finds it necessary to change the zoning and Land Use Designation of the two excluded parcels to ensure the public health, safety and welfare of the City and to facilitate future development of these two parcels by removing the requirement for the preparation and approval of a separate Specific Plan. The applicant is proposing a General Plan amendment and Change of Zone for the approximately 1.3 acre parcel located north and west of Ynez Road and Equity Drive to remove this parcel from the Specific Plan. The Land Use Designation shall be changed from Service Commercial (SC) to Low Medium Density Residential (LM). The zoning classification will be changed from Specific Plan (SP) to Low Medium Density Residential (LM) to be compatible with the proposed land uses in the Harveston Specific Plan. As proposed and conditioned is compatible with the health, safety and welfare of the community. The project is compatible with surrounding land uses. The project proposes similar residential neighborhoods adjacent to existing surrounding neighborhoods, with interface buffers and full roadway improvements. The limited neighborhood commercial development is proposed within a Village Center and is designed to be pedestrian oriented to serve the needs of the Harveston community. The Service Commercial is west of Ynez Road, adjacent to Interstate 15 where similar commercial and retail uses currently exist along the Interstate corridor. The proposed project will not have an adverse effect on the community because it remains consistent with the goals and policies of the adopted General Plan. The project does not represent a significant change to the planned land uses for the site. The General Plan Amendment is a relocation and reallocation of existing land use designations that conforms to the design of the Specific Plan. PlanninR Application No. 99-0418 - Harveston Specific Plan No. 13 The proposed Specific Plan is consistent with the General Plan, as it is proposed to be amended, and the Development Code. The proposed Specific Plan is consistent with the goals and policies of the General Plan and development code. The Specific Plan is a R:~S P~'-Iarveston SP~C Docs~ PC STAFFRPT.doc 14 reallocation and redistribution of the majority of the existing Land Use Designations and serves as an implementation tool for the General Plan. Therefore, as proposed, the Specific Plan is consistent with the General Plan, as it is proposed to be amended, and Development Code. The proposed Specific Plan would not be detrimental to the public interest, health, safety, convenience or welfare of the city. The project has been reviewed by agencies and staff, and is determined to be in conformance with the City's General Plan (as it is proposed to be amended), Development Code, Design Guidelines and Growth Management Program Action Plan. These documents set policies and standards that protect the health, safety and welfare of the community. In addition, the Specific Plan is a master planned communitywith specific design guidelines and standards that ensure compatibility and interface with the surrounding community in terms of density, design and circulation. Therefore, as proposed, conditioned and designed, the Specific Plan is compatible with the health, safety and welfare of the community. The subject property is physically suitable for the requested land use designations and the anticipated land use developments. There are no physical constraints of the site which would preclude or prohibit the requested land use designations or anticipated developments. Moreover, the proposed Specific Plan land uses are consistent with the land uses of the General Plan and will serve as the tool to regulate and implement the goals and policies of the General Plan. The applicant has submitted applications for Tentative Tract Maps which illustrate that the site is physically suitable for the land uses and development proposed in the Specific Plan. The proposed project shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. The project proposes similar residential land uses adjacent to the existing surrounding neighborhoods, with extensive landscape buffers and interfaces. The limited neighborhood commercial development is proposed within a Village Center and is designed to be pedestrian oriented to serve the needs of the Harvesten community. The proposed Service Commercial land is west of Ynez Road, adjacent to Interstate 15 where similar commercial and retail uses currently exist along the Interstate corridor. The Specific Plan took under consideration the existing developments and surrounding zoning classifications to ensure development that will be complementary and compatible with the surrounding neighborhood. Plann n.~ Application No. 99-0418--Development Agreement 1. An environmental review has been conducted and approved for this Agreement in accordance with the California Environmental Quality Act. The City desires to obtain the binding agreement of the Developer and Owner for the development of the Property in accordance with the provisions of this Agreement. The Developer desires to obtain the binding agreement of the City to permit the Developer to develop the Developer's Project on the Developer's Parcels in accordance with the "Applicable Rules" (as hereinafter defined) and this Agreement. The Owner desires to obtain the binding agreement of the City to permit the Owner to develop the Owner's Parcel in accordance with the "Applicable Rules" (as hereinafter defined) and this Agreement. R:\S P~larveston SP~PC Docs~ PC STAFFRPT.doc 15 Developer and Owner have applied to the City in accordance with applicable procedures for approval of this mutually binding Agreement. The Planning Commission and City Council of the City have given notice of intention to consider the Agreement, have conducted public hearings thereon pursuant to the Government Code, and have found that the provisions of this Agreement are consistent with the Specific Plan and the City's General Plan. This Agreement is consistent with the public health, safety, and welfare needs of the residents of the City and the surrounding region. The City has specifically considered and approved the impact and benefits of the development of the Property in accordance with this Agreement upon the welfare of the region. This Agreement will bind the City to the terms and obligations specified in this Agreement and will limit, to the degree specified in the Agreement and under State law, the future exercise of the City's ability to delay, postpone, preclude or regulate development on the Property, except a provided for herein. In accordance with the Development Agreement Statutes, this Agreement eliminates uncertainty in the planning process and provides for the orderly development of the Property. Further, this Agreement eliminates uncertainty about the validity of exactions imposed by the City, allows installation of necessary improvements, provides for public services necessary for the region with incidental benefits for the Property, and generally serves the public interest within the City of Temecula and the surrounding region. Planning Application Nos. 00-0295~ 01-0030~ 01-0031~ 01-0032--Tentative Tract Maps The proposed subdivision and the design or improvements of the subdivision is consistent with the General Plan, the Harveston Specific Plan, Development Code, and other applicable regulations and requirements. The tentative maps do not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use. The site is physically suitable for the type and density of development proposed by the tentative map. Access is proposed from five adjacent, existing streets within the Specific Plan. The site is adjacent to already developed and similar residential uses. Public utilities are available at or in close proximity to the site. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. The map has provided that all proposed and existing public utility easements over landscape areas shall be granted as shown on the map. The subdivision is consistent with the City's parkland dedication requirements. The subdivision's Quimby Park Fee obligations have been met through the execution of the Amendment and Restatement of Development Ag reement, recorded on February 18, 1993. R:\S P~--larveston SP'~PC Docs\ PC STAFFRPT.doc 16 ATTACHMENT NO 12 PLANNING COMMISSION STAFF REPORT- JULY 12, 2001 R:\S l~Harveston SP~City COuaciI\STAFFRPT 8-14-01.doc STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION Date: July 12, 2001 Planning Application No. 00-0419 - General Plan Amendment for Harveston Planning Application No. 99-0418 - Harveston Specific Plan No. t3 Planning Application No. 99-0418 - Development Code Amendment Planning Application No. 99-0418 - Specific Plan Zoning Standards Planning Application No. 00-0189 - Harveston Environmental Impact Report Planning Application No. 99-0246 - Change of Zone Planning Application No. 99-0446 - Development Agreement Planning Application No. 00-0295 -Tentative Tract Map No. 29639 Planning Application No. 01-0030 -Tentative Tract Map No. 29928 Planning Application No. 0!-0031 -Tentative Tract Map No. 29929 Planning Application No. 01-0032 - Tentative Tract Map No. 30088 Prepared By: Patty Anders, Associate Planner RECOMMENDATION: The Community Development Department - Planning Division Staff recommends that the Planning Commission: BACKGROUND The Planning Commission heard the above referenced applications at the June 20, 2001 public hearing. These items were continued to a special meeting on July 12, 2001 to allow the applicant and the City to resolve a few outstanding issues on the Development Agreement and to provide staff an opportunity to get additional information that the Commission requested. DISCUSSION During the hearing, three nearby residents spoke in favor of the project and one person spoke against the project. After the public hearing, the Commission requested additional information on the following items of the Specific Plan: 1. The General Plan designations and the zoning of the two out-parcels; 2. The rezoning of Planning Areas 9 and 11 from Medium 2 to Low Medium; 3. The surface area of the lake being available to all residents of Temecula, not just Harveston residences; 4. The Mitigation of school impacts; and 5. Architectural standards for the Service Commemial area in the Specific Plan. General Plan and Zoning of the Out Pamels: There are two parcels not owned by Lennar within the Specific Plan. The existing zoning for these out-pamels is SP (Specific Plan) and the existing Land Use Designation on the General Plan Land Use Map is Neighborhood Commercial (NC). The current proposal includes a change of zone to remove the specific plan requirement from these sites and make the land use designations compatible with the surrounding specific p~an. R:~S P~arveston SP~PC Docs~PC STAFF RPT 7-12-01,doc 1 The Commission suggested that the 1.3 acre parcel could be zoned Open Space and incorporated into the Community Park. Staff suggested this, but Lennar has been unable to acquire the property. From a practical perspective, the zoning of this site as open space, without the land owners approval might be considered a "taking" under the law. The designation of this site as Low Medium Density Residential will not preclude its ultimate inclusion into the park area if it is acquired by the applicant or the City. The owner of the this parcel submitted a letter (included in Attachment 6 in the June 20, 2001 staff report attached herein) stating they are opposed to their pamel being zoned Open Space but would accept a Zoning and Land Use Designation of residential. The other out-pamel (approximately 2.5 acres) was also proposed to be re-designated to Low Medium Density Residential to be consistent with the surrounding Specific Plan when the Date Street alignment was preferred early on in the process. However, at this time, it appears that Cherry Street will be the most likely location. The property is currently located near a probable location for the ultimate alignment of Ynez Road. As a result, the site could end up to be either west and/or east of Ynez Road. To deal with this uncertainty, staff is recommending, that at this point, the Planning Commission recommend to the City Council that those portions of the property west of Ynez Road be designated as Service Commercial and those portions that are east of Ynez Road be designated as Low Medium Density Residential. The owner of the 2.5 acre parcel has communicated verbally that they would like their pamel to remain Neighborhood Commercial due to the loss of property value if the pamel is rezoned to residential. Planning Areas 9 and 11 The Commission expressed a concern that Planning Areas 9 and 11 should be designated for Low Medium Density residential uses. Planning Area 9 is a relatively isolated portion of the project on Date Street, west of the main project access onto Date Street. The current Specific Plan proposal would allow additional community supporting uses, such as churches and other community enhancing facilities, in addition to the typical Medium Density 2 Residential uses. These variable land uses were proposed because of the limited number of suitable sites for these facilities within the City. For this reason, staff believes that the Medium Density designation is more appropriate for this potential mixture of uses. However, if the Commission feels that the Medium 2 designation is inappropriate for the site, staff would recommend that a Medium 1 density be considered as an alternative. However, the Medium 1 designation is more likely to create potential land use conflictd if any of these community enhancing uses are constructed in this area. Planning Area 11 was originally zoned LM (Low Medium Density residential) but was rezoned to Medium 2 when staff discovered that a medium density housing project, approximately (11 dwelling units/acre was located immediately north in the City of Murrieta. Therefore, to provide an appropriate land use transition, staff felt th .a.t the higher densities in this area were appropriate and justified. Surface Area of the Lake The Commission has requested Lennar to make the surface area of the lake open to all the residents of the City, not just the future residents of the Harveston project. To date, Lennar has been unable to secure insurance that would reduce their liability to an acceptable level without financially burdening the future residents of Harveston. Lennar is continuing to reseamh insurance companies to see if insurance is available with the lake open to all the citizens of Temecula. R:~ P~Harveston SP~PC Docs~PC STAFF RPT 7-12-01.doc ~ 2 School Miti,qation The Commission also inquired if the school impacts had been mitigated to an acceptable level. The Temecula Valley Unified School District (TVUSD) is the agency responsible for determining the mitigation of school impacts. Lennar Communities has entered into a Mitigation Fee Agreement with the Temecula Valley Unified School District (see attachment 2, school fee summary letter). The Agreement, in summary, requires Lennar tO pay an up-front fee and a deferred fee. The upfront fee is approximately $4,600 per single family detached unit and approximately $3,322 per multi-family unit, for a total upfront fee of $8,272,700. The Agreement also requires Lennar to pay additional deferred mitigation fees if state funding for construction of an elementary school, middle school and high school is not secured. To date, elementary and middle school funding has been secured, but funding for the high school has not been secured. As a result, Lennar is still responsible for the high school deferred mitigation fee. If the high school funding is not secured, Lennar has agreed to pay an additional $3,350,500 to mitigate their impacts to the high school. Therefore, with the mitigation agreement requiring Lennar to pay up-front fees at issuance of building permits ($8,272,700), and the requirement of Lennar to pay a deferred high school mitigation fee ($3,350,500), impacts to the local school system have been fully mitigated. Architectural Standards in the Specific Plan The Commission expressed concern about the architectural requirements in Specific Plan referring back to the Development Code. The Commissions desire was to have detailed standards contained within the Specific Plan to ensure quality architecture throughout the service commercial area, especially along the Interstate 15 corridor. Section 10.6 Service Commercial Architectural Guidelines provides detailed language on the siting, orientation; form, scale and massing; appropriate architectural features and details; appropriate extedor materials and colors; appropriate roof forms and materials; permissible walls and fences types and styles; and appropriate accessory structures, street furniture, bus shelters, lighting and mechanical equipment. This Section also requires the areas north and south of Date/Cherry Street to be master planned prior to any land or subdivision to ensure an attractive Service Commercial environment, sympathetic in scale and aesthetic to the entire development. In addition, Item 14 of Section 11.4.6 of the Specific Plan, Building/Structure Design, provides detailed development and sign standards that would require that "all elevations facing the freeway shall include substantially similar architectural treatments that are located on the buildings' front elevation." This language was explicitly added to ensure all rear elevations visible from Interstate 15 would be articulated with the same level of detail as the front elevation so that the visual quality along the Interstate corridor would not be compromised. If the Commission is not comfortable with this existing language, additional language,could be added to the Specific Plan under Section 10.6 Service Commercial Architectural Guidelines. Development A.qreement All the primary issues of the Development Agreement (DA) have been resolved and the draft DA is contained herein as Attachment No. 3. Attachments: 1. Staff Report from the June 20, 2001 Planning Commission Hearing - Blue Page 4 2. School Fee Summary Letter- Blue Page 5 3. Development Agreement and Exhibits - Blue Page 6 R:~S P~-Iarveston SP~PC DocstPC STAFF Ri:q' 7-12-01.doc 3 ATTACHMENT NO 13 MODIFICATIONS TO THE DRAFT PLAN BEING RECOMMENDED BY THE PLANNING COMMISSION R:\S P~Harveston SP~City CouncihSTAFFRPT 8-14-01.doc LIST OF PLANNING COMMISSION RECOMMENDED CHANGES TO THE HARVESTON SPECIFIC PLAN (July 24, 2001) All references to the requirement that the general public be allowed to use the lake throughout the document will be modified to reflect this position. This clarification does not apply to the Lake Park that surrounds the lake. Table 3.1, the first asterisk, clarify that the maximum commercial/retail square footage in the Village Center is 20,000 square feet. The second sentence shall be modified to read as follows: '`The development concept for this area allows for a mix of the following uses: retail and restaurant (with a maximum of 20,000 square feet), office, daycare, worship, park, recreation, educational and residential, and a private club house (the" Village Club") with an additional 15,000 square feet." Page 3-10, No. 1, add the following to the end of this section: "No more than 1,921 units are permitted, not including any density bonus for senior housing as allowed pursuant to the City of Temecula General Plan." 4. Page 10-14, Section 10.1.3, Number 1, the fifth bullet, add "6'" before "curb". Page 10-65, Section 10.3.6, add the following to the end of Number 8, "The light fixture heights and locations need to comply with the conceptual designs shown in Figures 7.1 and 7.2." Page 10-67, Section 10.4.1, add the following to the end of this section: "No architectural style shall constitute more than 20% of all of the single family residences constructed within the Harveston Specific Plan." Page 11-3, No. 4, insert the words "both sides of" between "shall be provided along" and "the Loop Road". Page 11-9, Number 3 under Planning Standards, delete the words "flag pole" and add the following sentence to the end of this section: 'q'he required focal point element shall be submitted to the Planning Commission for approval." Page 11-11, Section 11.3.5, Planning Standards, Number 5, remove the references to the non-existent Figures 10.1-5A. 10.1-B, and 10.1-C. 10. Page 11-30, delete Number 9. * 11. Page 11-35, delete Number 10. * 12. Page 11-39, delete Number 9. * 13. Page 11-42, delete Number 7. * 14. Page 11-63, No. 3, add the following: "c. A minimum of a fifty foot (50') landscaped buffer/setback area shall be provided adjacent to the Interstate 15 right-of-way. No parking or driving surfaces are allowed in this area." * 15. Page 11-65, Number 7, add the word "wails" to the end of the third sentence. * R:\S P'~Harveston SP~City Council~.lST OF PLANNING COMMISSION CHANGES.doc 16. 17. 18. 19. 20. 21. 22. Page 11-66, Number 14, add the following to the end this item: "No freeway oriented display areas or display windows are allowed in this Planning Area. * Page 11-70, Theatre Marquee, modify the last sentence to read as follows: "The marquee can have a maximum sign areas of forty (40) square feet and a maximum width of ten (10) feet, shall be architecturally compatible with the adjacent structures, and located outside the public right-of-way." * Page 11-72, General Sign Standards, Number 4, add "approval of a" between 'lirst" and "development". * Page 11-74, Number 3 (Tenant Window Identification), delete the words "in white only". * Page 11-76, amend Section 11.5, Exceptions to Development Standards, to replace "by the Director of Planning" with "with the approval of the Planning Commission". * Page 'I 1-76, Add a new paragraph to the end of this section that reads as follows: 'q'he Planning Commission may delegate this approval authority to the Director of Planning." * Page 11-76, add a Section 11.6 to read as follows: "11.6 PRODUCT APPROVAL No single family residences (including the models) shall be constructed without the Planning Commission's prior approval of the architecture and elevations. The Planning Commission may delegate this approval authority to the Director of Planning," * NOTE: The suggested changes marked with a" * "will also be made to the Ordinance adopting the Development Standards located in Exhibit A of Attachment No. 3. R:\S P',Harveston SFSCity Council~LIST OF PLANNING COMMISSION CHANGES.doc ATFACHMENT NO 14 PROPOSED LAND USE PLAN FOR THE HARVESTON SPECIFIC PLAN R:\S PxHarveston SP~City CounciI\STAFFRPT 8-14-01.doc 20 A'I-rACHMENT NO 15 GENERAL PLAN LAND USE ACREAGE COMPARISONS R:\S P~Harveston SPxCity CounciI\STAFFRPT 8-14-01.doc Revised Harveston General Plan Density Calculation Existing General Plan Land Uses Acres Low High Total Units (Low) Total Units (High) LM 246.8 3 740.4 246.8 6 1480.8 M 68.4 7 478.8 68.4 12 820.8 H 17.5 13 227.5 17.5 20 350 TOTAL 1446.7 2651.6 Winchester Hills Specific Plan Residential Units (Proposed) Mid-point 2049.15 1948 Proposed General Plan Land Uses Acres Low High LM 228 3 228 6 M 61.4 7 429.8 61.4 12 H 16.8 13 218.4 16.8 20 TOTAL 1332.2 Total Units (Low) Total Units (High) 684 1368 736.8 336 2440.8 Mid-point 1886.5 Harveston Specific Plan Residential Units (Proposed) 1921 A'I-I'ACHMENT NO 16 CORRESPONDENCE RECEIVED BY THE PLANNING COMMISSION R:\S I~Harveston SP~City CouaciI\STAFFRPT 8-14-01.doc 22 INTEX INTEX PROPERTII~ CORP. December 19, 2000 Ms. Patty Anders Associate Planner CITY OF TEMECULA 43200 Business Park Drive P. O. Box 9033 Temecula, CA 92589-6477 Harveston Specific Plan Area Stockmar Property Dear Ms. Anders: We appreciate the time you spent with us reviewing the proposed General Plan Amendment and specifically, the Harveston Specific Plan proposed by Lennar Communities. The Plan, as currently designed and when implemented, appears to be a substantial enhancement to the City's residential component of the General Plan, and a community in which the City can be pleased upon development. As the Stockmar's indicated in our meeting of November 8, 2000, and you confirmed in your letter of November 13, 2000, they are generally supportive of the proposed GPA and Specific Plan, but are concerned that the land use and zoning of their 1.25 acre Neighborhood Commercial parcel is proposed to be modified to Open Space. This change in land use and zoning removes the utility and the potential future value of the parcel from the Stockmar family. The Specific Plan identifies the parcel as an out piece, but surrounds it with park, thereby making the only logical land use park, and in effect, preventing the Stockmar family alternatives in future development. As Bob Stockmar stated, his preference would be not to change the land use or zoning from Neighborhood Commercial. As an alternative or compromise, the Stockmar family would not be opposed to shifting the boundary of Planning Area 8 to include their parcel in the Medium 1, zoning classification of the Specific Plan. Correspondingly, the park area can adjust its size or encroach slightly into Planning Area 1 to compensate for the gain in acreage of Planning Area 8. We feel that this would be fair and just allowing the Stockmar parcel the potential for fimlre use, while the proponent of the Harveston SP can easily modify its proposed land uses to the benefit of their vast holdings. Otherwise, should this property's proposed land use and zoning remain as Open Space in the General Plan Amendment, the Stockmar family wishes to go on record as formally opposing any action which would alter the property's current entitlements. Please include this letter in your staff report for all Planning Commission workshops and hearings. ~. pl~grelv, ti /~ Cc: Bob Stockmar Bill Stockmar 4130 SANTA FE AVE. P.O. BOX 1440 LONG BEACH, CA 90801-1440 TEL (310) 549-5400 FAX (310) 513-6905 MAY-~l-2001 06:26 AM P.01 ~.II(.'~I'IELLE I~EI)AI.~,]') 39857 KnollrldgeDr · Temecula, CA 92591 909-698-2436 Fax 909-677-1965 May 30, 2001 Ma, PattyAndam CIt~ of Temeculo Planning Division Business Park Drive Temecula, CA 92692 Dear Ms. Anders, Thank you for taking the time to dlsouss our concerns with the development project of Harveston Homes. I feel there could be some improvements that I would like to hove taken under consldemtlea. My neighbors have said ~vhat's the point?', decisions like these have been made and one person Isn't going to make a difference but i'm willing to take the chance. It saddens me to see our rolling hills becoming a mass of homes and more homes. We have done ver~ little In this Communltyto presewe our natural landscape that brought many of us here. While change Is inevitable i feel that the less impact on those that have been In this communfty for a number of years Is a reasonable request to make. Firstly, I obJect to the addition of 300 apartments to be added to the Margarita aide of the Haweston project. It would be better if they were placed adjacent to the newly planned Sports Park than the currenUy planned single family homes in that IocaUon. The traffic created by the apartments would be diverted to Ynez Rd having less of an Impact on all of the homeowners Jn both the new homes as well as current owners. I would think the builder wnuld benefit by selling single family homes away the ball fields but close enough for them to take advantage of the sefvlees offered there. Those renters o fthe apartments would have easier access to the Sports Park, the Industrial park for job opportunities and the Single Family home ownms slated to that area would have a location closer to Main Street Hafveston, the Lake and more Importantlythe School. I am also concemed about the safety of our children mossing the street from the Winchester Creek and Collection fram Rustic Glen to Ysabel Barnett School. The speed of Margarita Is currently posted at 50 mpr and that is easily exceeded by 10 to 20 mpr at this time. The 300 plus apartment dwellers would add 400 or more cars to Margarita Rd as well. 400 cam In the scheme of things may not s~am like much to you but I am t~kJng In to consideration the to and from home, tho groomy store nm and the many other running around they will make and are entitled to make. I would hope some measures are taken to provide them with the safest ~esslng possible to schnnl, the park, the lake and the Main Street Harveston stores. The other safety Issue I am concerned with Is the response time for ambulances, fire department and Pollco. I would think that would be reduced and wond~ If any provisions have been made to add more safety personnel to the area? Lastly, I would like to see more amenities added to the project such as tennis courts and public penis. With the ener~ crisis of today and the more public pools that ore available tho less likely people will be Inclined to build a pool of their own. Speaking of the energy edsls, are we going to bo on urea that Is proactive in t~ngto limit additional housing in' order to play our part in conserving energy? Are we going to contribute to possible blackouts? What role Is Temecula playing in this? Sincerely, Mlchefle Penelope Alexander-Kelley GRESHAM, SAVAGE, NOLAN & TILDEN, LLP May 11, 2001 HAND DELIVERED City of Temecula Attn: Ms. Debbie Ubonoske Director of Planning 43200 Business Park Drive Temecula, CA 92589-9033 Re: Comments on the Environmental Impact Report for the Harveston Specific Plan Dear Ms. Ubonoske: MAY 1 1 2_001 This law firm has been retained by the Channel Family Trust and Channell Commercial Coxporation (collectively "Channell") to assist Channell in the review of the Environmental Impact Report for the Harveston Specific Plan (the "EIR"), including the draft EIR dated November, 2000, the Final EIR dated January, 2001, and the Technical Appendices. As the City is aware, Channell has owned and occupied a manufacturing facility located at 26040 Ynez Road, Temecula, for the past 12 years. When Channell first relocated its operations to Temecula, it sought out an area of the city with good freeway accessibility for its delivery and distribution truck traffic and room for expansion. Channell now employs 300400 employees, working in three 8-hour shifts, five days a week, although historic operations have required operations for full week periods. Channell's location is just north of the intersection of Winchester Road and Ynez, at the present terminus of Ynez Road. This location is a part of the Winchester Highlands Business Park (the "Business Park"). Channell has been interested in the City's plans regarding the undeveloped acreage to the west and north of the Business Park. In earlier plans, portions of this area were designated for additional industrial park development, which would not likely cause any conflicts with the existing uses in the Business Park. When the City rezoned the area and was considering the Sweetwater Specific Plan, the predecessor to the Harveston Specific 'Plan, Channell stated its concerns to any plan that would bring residential and recreational uses into direct conflict with the Business Park uses. The Harveston Specific Plan appears to present the same likelihood of such conflicts. In reviewing the EIR, it appears that the City, as the CEQA lead agency, has failed to properly analyze potential impacts which will be caused by the development of the Harveston Specific Plan related to traffic and circulation; pedestrian safety and land use conflicts, and noise. Riverside Office * 3403 Tenth Street, Suite 518, Riverside, CA 92501 * (909) 684-2171 * Facsimile (909) 684-2150 VicWrville Office * 14350 Civic Drive, Suite 120, Victorville, CA 92392 · (760) 243-2889 * Facsimile (760) 2434)467 GRESHAM, SAVAGE, NOLAN & TILDEN, LLP Ms. Debbie Ubonoske City of Temecula May 11, 2001 Page 2 To assist in this review of the EIR, we retained the services of Raymond V. Hussey, AICP, Project Manager for LSA Associates, with 13 years experience as a transportation planner, to analyze the potential traffic impacts and to review the traffic study prepared for the Harveston Specific Plan. Mr. Hussey's anaiysis, dated May 10, 2001, is attached hereto and incorporated herein. Mr. Hussey concludes, in essence, that the trip generation for the proposed project has been undercounted by as much as 23% for the PM Peak Hour period. The severe traffic congestion in the Temecula area is well documented, therefore, the City cannot approve the Harveston Specific Plan, or any project, when it is based upon such a flawed traffic analysis. As the CEQA lead agency, the City's duty is to properly assess the environmental impacts of a project, prior to approving a project, in order to determine what feasible alternatives or mitigation measures are available that would substantially lessen any significant effects on the environment. CEQA Guidelines § 15021. As the traffic generation for this project as reflected in the EIR is so seriously undercounted, the City cannot properly assess the available alternatives for mitigation to lessen the impacts to fulfill its CEQA obligations. Approval of the project without further analysis would violate CEQA and be subject to judicial review. Due to the inadequacy of thc traffic analysis and the severity of thc potential impacts which have not been addressed in the EIR, as discussed below, it is clear that the EIR should be revised to address these additional issues and then recirculated for additional public review and comment pursuant to CEQA Guidelines § 15088. Channell provides herein its comments on the EIR. SURROUNDING LAND USE CONFLICT ISSUES: As stated above, Channcll owns and operates the manufacturing facility at 26040 Ynez Road, located south and east of the proposed project, within the Business Park. Figure 2 in the draft EIR depicts the location of the Business Park. Channell owns the three buildings encimled by Ynez Road, Equity Drive and County Center Drive. The EIR appears not to address any potential impacts that the Harveston Plan may have on the Business Park, and appears to ignore the existing Business Park activities and how the proposed project may conflict with those activities. In fact, in the draft EIR, Section 5, the EIR falls to introduce the Business Park as one of the surrounding land uses. The draft EIR states, in part: "Immediately north of the project site, in southwestern Riverside County, is the Warm Springs Specific Plan, a 475-acre project approved for residential, retail, and neighborhood commercial uses. The Campos Verdes Specific Plan area, composed of a shopping center (Lowes), and varying densities of residential uses, is located east of Margarita Road and south of Winchester Road, adjacent to the existing Roripaugh Estates development. Lastly, southeast of the project site, east of Winchester Road, there are GRESHAM, SAVAGE, NOLAN & TILDEN, LLP Ms. Debbie Ubonoske City of Temecula May 11, 2001 Page 3 the Promenade Mall and Palm Plaza (Please refer to Exhibit 2, Local Vicinity/Surrounding Land Uses)." (Emphasis added.) (Draft EIR, p. 5-3, and repeated at p. 5-18.) The draft EIR concludes, with no analysis, that the Community Park located in Planning Area 1 of the Harveston Specific Plan "is intended to act as a buffer between the existing Winchester Highlands Business Park (including Channel Commercial) and proposed residential." While the Community Park may be a "buffer" between the proposed residential uses and the existing industrial park uses, the EIR does not analyze the impacts of placing a community park use directly adjacent to the existing, operating, industrial uses. "Design alternatives" for the Community Park are reviewed in Section 5 of the draft F_JR (Page 5-18.) The draft EIR explains that: "[T]he community park in Planning Area 1 and the elementary school in Planning Area 4, both being public facilities, were located at the exterior of the Harveston community in order to be easily visible and accessible for the public outside the Harveston development." (Emphasis added.) (Draft EIR, p. 5- 180 Thus, the express intention of the proposed project is to bring additional traffic, unrelated to its own residential development, into this Community Park. Section 6 of the draft EIR states that TCSD requires that there be 100 parking spaces within the Community Park, accessible from Equity Drive; however, these trips are not identified in the h-:IR. See also, Mr. Hussey's analysis of this issue. The EIR also fails to analyze the potential impacts between conflicting vehicle traffic trying to access the Community Park from Equity Drive, and semi-track traffic accessing the Business Park. An alternative in the draft EIR calls for the realignment of Equity Drive to provide "for greater buffer / separation of the proposed park from the existing Winchester Highlands Business Park uses (i.e. Channel Commercial)", but ignores the fact that Equity Drive is used by track traffic accessing the Channell buildings and for accessing other businesses with the Business Park. Exhibit 50 of the draft EIR does not explain how the realignment of Equity Drive will provide a "buffer" between these uses. Additionally, the Channell facility includes outside storage of finished goods awaiting shipment. This storage is in the lot at the comer of Equity Drive and County Center Drive. This storage area, while completely fenced, will be clearly visible from the proposed Community Park and Equity Drive. The entry to Channell's building is improved with decorative waterscaping, which is presently "used" by unauthorized children and adults, which will certainly be GRESHAM, SAVAGE, NOLAN & TILDEN, LLP Ms. Debbie Ubonoske City of Temecula May 11, 2001 Page 4 exacerbated by the dev.elopment of a Community Park with soccer and ball fields. The EIR does not analyze how the realignment of Equity Drive will provide a buffer for these types of impacts. TRAFFIC/CIRCULATION AND PEDESTRIAN SAFETY IS SUES: Based upon our review of the EIR and Channell's knowledge of the various uses within the Business Park, it appears that the EIR does not take into account the impact of the proposed project on the existing manufacturing facilities, including potential conflicts with semi-truck traffic going to and leaving from the Business Park, and safety hazards to increased pedestrian traffic. Traffic/Circulation Issues: For Channell's operations alone, semi-track traffic begins to arrive at and stage for early morning pick-ups at about 3:00 a.m. This usually involves an average of six (6) trucks per day. Other semi-track traffic arrives at and departs from the Channell facilities at all times of the day, involving an average of twenty (20) tracks per day. Some of the tracks access the Channell facilities using Equity Drive or County Center Drive, however, one of Channell's truck delivery driveways is located on Ynez Road. This delivery site is for steel deliveries, with one trailer of about forty-eight (48) feet in length. These deliveries occur as often as two (2) trucks per day. Currently, these delivery trucks leave the Channell site by turning left onto Ynez Road and then accessing the freeway at Winchester Road. With the proposed development of Ynez Road, and the increased traffic using this parallel to the 1-15 freeway, conflicts with this truck access driveway will result. Also, many of the trucks leaving the Channell facilities and the Business Park generally, exit at County Center Drive, turning left onto Ynez Road to access the freeway at Winchester Road. Potential impacts to the intersection of Ynez Road and County Center Drive are not adequately analyzed in the traffic section of the draft EIR. With increased traffic caused by the development of Ynez Road, conflicts at this intersection will occur as semi-trucks try to negotiate the left-hand turn out of the Business Park. Although the draft EIR analyzes access intersections to the Service Commercial development along Ynez Road within the Specific Plan development, it fails to analyze the impacts to existing access intemections along Ynez in the Business Park, which will be impacted by the increased traffic. If tracks are forced to turn fight on Ynez Road, they will drive directly through the Harveston Specific Plan development. The impacts from this truck traffic through the Specific Plan are not addressed in the EIR. Potential impacts include air quality impacts, including a CO (hot spot) analysis from idling diesel engines. These potential traffic and circulation impacts are not properly analyzed in the EIR. The draft EIR states that one threshold of significance of a transportation/cimulation effect is: %. Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses." (Draft EIR, p. 5-39). The potential impacts identified GRESHAM, SAVAGE, NOLAN & TILDEN, LLP Ms. Debbie Ubonoske City of Temecula May I1, 2001 Page 5 herein have the poten, tial to surpass this threshold, thereby requiring the City to revise its environmental analysis to identify impacts and provide for feasible mitigation measures to lessen or eliminate the impacts. Pedestrian Safety Issues: Them are potential safety hazards to pedestrian traffic from the project resulting from the close proximity of the proposed Community Park use to the Business Park. Since there is no proposal to prohibit street parking for the Community Park, there will be traffic and circulation impacts on Equity Drive. Equity Drive is currently used by semi-trucks, both for travel and for staging for early morning pick-ups. There is no mention in the EIR of potential circulation impacts as both semi-tracks and vehicles attempt to access Equity Drive. Clearly, the Park is designed to accommodate soft ball and soccer games, drawing numerous children at various times of the day. As access to the Community Park is allowed from Equity Drive, pedestrians exiting their vehicles along Equity Drive will encounter semi-track traffic. By bringing children and adult pedestrians into a well-traveled semi-truck mute, the proposed project exposes them to potential dangers which are not identified in the EIR. Since these impacts are not analyzed at all in the EIR, there are no measures to mitigate these potential impacts, as CEQA requires. As such, the EIR is fatally defective and must be revised to address these serious public safety issues. NOISE: The draft EIR contains a description of the ambient noise levels at the site of the proposed development. However, the analysis does not identify noise levels at the site of the proposed community park, which is proposed to be located directly north of the Business Park. The allowable noise level for the Community Park is not identified in the draft EIR, but appears to be up to 65 dB. (Draft EIR, pp. 5-105 to 5-106.) The EIR does not contain an analysis of noise levels at the proposed Community Park site which would be generated by the semi-track traffic and industrial activities within the Business Park. As these impacts are not identified, there is no feasible mitigation identified in the EIR. Noise Mitigation Measure 4, which provides for future noise studies, impermissibly delays the analysis of potential impacts to recreational user of the Community Park and impermissibly delays the identification of feasible mitigation. The purpose of CEQA is to require a lead agency to make a knowing and informed decision about the potential environmental impacts of a proposed project, prior to approving the project. Because the City does not analyze noise impacts at the Community Park, it cannot now determine whether its own noise standards will be exceeded at this proposed outdoor recreational site. The EIR analysis is fundamentally flawed, and should be revised to account for these potent/al impacts. Failure to provide an adequate analysis of the project's potential GRESHAM, SAVAGE, NOLAN & TILDEN, LLP Penelope Alexander-Kelley Ms. Debbie Ubonoske City of Temecula May 11, 2001 Page 6 environmental impacts.prior to approving the project is a violation of the City's duties as the CEQA lead agency. Public Resources Code § 21167. In conclusion, we appreciate this opportunity to provide these comments on the EIR for the Harveston Specific Plan. We request that the City's consideration of the Harveston Specific Plan be postponed until the environmental analysis can be revised to provide a legally adequate analysis of all potential impacts. Channell, as a good corporate citizen and neighbor in the City of Temecula, looks forward to reviewing the revised EIR addressing its concerns. If you have any questions of us, please do not hesitate to contact me directly, or Mr. Ed Burke at Channell. Sincerely, Penelop~ lex~ ander-Kelley of GRESHAM, SAVAGE, NOLAN & TIIADEN, 1.1 .P PAK/Ir Enclosure cc: Bill Storm, Project Manager, Lennar Communities May 10,2001 ~.._~ GRESHAM, SAVAGE, NOLA~'~ & TILDEN, LLP Penny Alexander-Kelley Gresham, Savage, Nolan & Tilden 600 N. Arrowhead Avenue, Suite 300 San Bernardinn, CA 92401-1148 Subject: Review of the Harveston Specific Plan Traffic Study Dear Ms. Alexander-Kelley: We have conducted a brief review of the Revised Traffic Impact Study for the Harveston Specific Plan EIR dated July 19, 2000, prepared by Wilbur Smith Associates (WSA). In summary, we have identified three major issues that should be addressed prior to approval of the project, and may require a revision to the traffic study. The three issues involve estimated trips for the residential components proposed within the Specific Plan, trip generation estimates for the service commercial portion of the Specific Plan, and potential conflicts and safety baTards between existing truck traffic on Equity Drive and the proposed project. Residential Trip Generation The Institute of Transportation Engineem (IRE) Trip Generation is the industry accepted source for developing trip generation estimates and, for some land uses, provides both a weighted average rate and a regression equation. WSA appears to have utilized the regression equations for determining trips attributable to the 1,921 single-family detached housing (ITE land use code 210) dwelling units proposed within the Specific Plan. As shown in the graphs on pages 263 - 265 of Trip Generation (attached), thc number of residential dwelling units produces an inveme correlation with trip generation based on the regression equations. This implies that as the size of a subdivision gets larger, the rate of trip making gets smaller. This illogical result is why the transportation profession does not utilize these regression equations, since it is commonly acknowledged that the number of trips per a residential household is a function of socioeconomic attributes such as income, household population, or size oftbe house, not the number of homes in a subdivision. Otherwise, the following irrational scenario could occur. Suppose a 1,000 lot subdivision is proposed in ten equal phases. Application of the regression equations to the overall 1,000 units yields a trip generation estimate of 9,435 daily, 709 a.m. peak hour and 855 p.m. peak hour trips. Application of the weighted average rates yields a trip generation estimate of 1,134 daily, 79 a.m. peak hour and 107 p.m. peak hour trips. When multiplied by a factor of ten, the corresponding ~ip generation becomes 11,343 daily, 795 a.m peak hour and 1,074 p.m. peak hour trips, exceeding the trip generation per 1,000 units. The purpose of this exercise is to demonstrate 5/10/01 (R:\GVS033\Task 6 - Harveston TS Rev~e~ review, w~d) why it is the standard practice within the transportation industry is to use the weighted average rates, and not the regression equations, for developing trip estimates from single family homes. The trip estimate for the single family residential components within the Specific Plan should be revised using the ITE weighted average rates, which yield a trip generation estimate of 18,384 daily, 1,364 a.m. peak houi' and 1,575 p.m. peak hour trips. A comparison of trips estimated for single family homes as contained in the WSA study versus application of the weighted average rates is presented in Table A. Table A - Single Family Trip Generation Comparison Daily AM Peak Hour PM Peak Hour Source Rate Trips Rate Trips Rate Trips [TE Rates 9.57 18,384 0.75 1,441 1.01 1,940 WSA Study 8.33 16,002 0.71 1,364 0.82 1,575 Trips under-counted 2,382 77 365 % under-counted 15% 6% 23% As shown in Table A, the traffic study appears to have undemounted 365 p.m. peak hour trips associated with single family residential development, or 23% of the p.m. peak hour estimate from the WSA study. This could be a significant quantity of under-counted trips, given the general traffic congestion in the Temecula area. Service Commercial Trip Generation Although there is no footnote or text discussion explaining the derivation of the trip rates used for estimating trips for the service commercial land use, the rates appear to be reasonable for the range of potential uses that could be developed within the service commercial planning areas. However, due to the flexibility provided by the Specific Plan, it also appears that land uses with higher trip making characteristics could be developed within the service commercial area. Under this worst case example, a regional shopping mall of approximately 1,000,000 square feet could be developed based on a floor area ratio (FAR) of 0.25 applied to the 92.65 net acres of service commercial area. Such a center would result in higher trip generation than analyzed in the WSA study. A summary of this comparison is provided in Table B. As shown in Table B, the traffic study appears to have undereoanted 131 p.m. peak hour trips associated with the development of the service commercial land use, or 6% of the p.m. peak hour estimate from the WSA study. Again, this could be a significant quantity of under-counted trips, given the general traffic congestion in the Temecula area. 5/10/01(R:~OVS033~Task 6 - Harveston TS Revkpeer review.wpd) 2 Table B - Service Commercial Trip Generation Comparison Daily AM Peak Hour PM Peak Hour Source Rate Trips Rate Trips Rate Trips ITE Equations for na 26,995 na 505 na 2,299 Shopping Center WSA Study (per acre) 260 24,090 13.78 1,277 23.40 2,168 Trips under-counted 2,905 -772 131 % under-counted 12% na 6% One solution to this issue is to create a mitigation measure that establishes a "txip generation budget" per planning area. The trip generation budget concept should consider the maximum allowable trips generated within each planning area. This way, land use development flexibility can be maintained while traffic impacts greater than those analyzed in the WSA study can be avoided. Conflicts With Existing Truck Traffic Access to the proposed community park within Planning Area 1 of the Specific Plan appears to be proposed from Equity Drive. Currently, existing conditions on Equity Drive are characterized by a high percentage ofbeavy truck traffic associated with the Winchester Highlands Business Park. The Specific Plan will introduce the potential for conflicts between these existing trucks and pedestrians and passenger vehicles destined to and from the community park. There does not appear to be any discussion regarding compatibility of the proposed community park next to the existing truck oriented uses, especially the potential conflicts and laaTards that may be created. Consideration should be given to requiring that the park be accessed via its own roadway system offof Ynez Road, thereby eliminating the direct conflict and safety baTard potential on Equity Drive. This concludes our analysis of the Revised Traffic Impact Study for the Harveston Specific Plan EIR. Please feel free to call me at (909) 781-9310 should you have any questions. Sincerely, LSA ASSOCIATES, INC. Raymond V. Hassey, AICP Project Manager Attachments: Excerpts from Trip Generation (3 pages) 5/10/01 (R:\GVSO33\Task 6 - Hmve~ton TS Revkpe~ review.v, pd) 3 Sir, lle-Family Detached Hodsing (210) Average Vehicle Trip Ends vs: On a: Number of Studies: Avg. Number of Dwelling Units: Directional Distribution: Dwelling Units Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. 271 202 25% entering, 75% exiting Trip Generation per Dwelling Unit I Average Rate · Range of Rates Standard Deviation 0.75 0.33 2.27 0.90 Data Plot and Equation If 1,000 - I-. x x x x X x x 0 0 X Actual Data Points 1000 X = Number of Dwelling Units ~ Fitted Curve FIRed Curve Equation: T = 0.700(X) + 9.477 2000 ...... Average Rate R2 -- 0.89 Trip Generation, 6th Edition 264 Institute of Transportation Engineem Single-Family Detached Housing (210) Average Vehicle Trip Ends vs: Dwelling Units On a: Weekday Number of Studies: Avg. Number of Dwelling Units: Directional Distribution: 348 198 50% entering, 50% exiting Trip Generation per Dwelling Unit r Average Rate Range of Rates Standard Deviation 9.57 4.31 21.85 3.69 Data Plot and Equation 30,000 ~ 10,000 ' I.- 0 0 X 1000 20OO X = Number of Dwelling Units X Actual Data Polnt~ -- fitted Curve Fitted Curve Equation: In(T) = 0.920 In(X) + 2.707 ...... Average Rate R2 =' 0.96 Trip Generation.. 6th Edition 263 Institute of Transportation Engineers Single-Family Detached Housing (210) Average Vehicle Trip Ends vs: Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Number of Studies: Avg. Number of Dwelling Units: Directional Distribution: 294 216 64% entering, 36% exiting Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 1.01 0.42 2.98 1.05 )ata Plot and Equation X X X X X = Number of Dwelling Units X Actual Data Points ~ Fitted Curve Fitted Curve Equation: Ln(T) = 0.901 Ln(X) + 0.527 ...... Average Rate R2 = 0.91 Trip Generation, 6th Edition 265 Institute of Transportation Engineem June 20,2001 Mr. Chairman, Commissioner's, and Staff: My name is Ed Burke. I represent Channell. We have approximately 20 acres, 350,000 square feet, immediately adjacent to the project. We have several issues with regards to our facilities impacting with the project. Page 5 Background References several meetings we have had, but there has been no resolution to any of the issues we are trying to address. Page 6 The small triangular piece of property we are negotiating to buy from Lennar has been excluded from the project. Our ability to use it is in question, as there are many issues with respect to underground utilities, the Ynez Road realignment, etc. If this is not addressed as a condition of development, what assurances do we have to address our concerns and utilize the property? Page 11 Zoning Issues The proposed zoning change on the adjacent property to ours from neighborhood commercial to residential has impacts on the parr, design and the buffer between the uses. How can this be resolved without understanding the final alignment of Ynez? Page 27K The Community Park is to be completed prior to issuance of Phase 2 building permits. As stated in the city's response to our EIR questions, the final design of the part cannot be made until the street alignment is final. It is my understanding that that question may not be answered for 2-1/2 years. How does this fit in with the timing of the entire project? Page 36 & 36 The park recommendations of staff, Alternatives 4 or 5, do not appear to provide any buffer areas between the Business Park. Most of our concerns seem to be focused around the alignment of Ynez. Attached to these notes, is a letter to Debbie Ubnoske from Channell and a letter to Penelope Alexander from Raymond Hussey responding to the responses from the City on our traffic questions and my notes from the traffic study workshop. Thank you and we look forward to working together to resolve these issues. CHANNELL June 20, 2001 Ms. Debbie Ubnoske City of Temecula 43200 Business Park Drive Temecula, CA 92589 Dear Debbie: Channell Commercial Corporation still has many questions and issues that we feel have not been resolved at this time. Most of our concerns are tied to the realignment of Ynez and access to the park off Equity Drive. In discussions with Bill Storm of Lennar Communities, neither of us can plan for, or determine, the potential development impacts on each other without the Ynez Road alignment issue resolved. Your latest Phase I map includes the Southern portion of the "service commercial" area, which is in the area of the proposed Ynez realignment. This raises many concerns. There has also been discussion of building the park earlier than Phase 2. If the park is completed before the Ynez alignment is resolved; it appears the park traffic would be entirely routed through the industrial park and on Ynez. This would have direct correlation to the traffic study Channell has provided at no charge to the city. We believe that these unresolved issues have direct impacts not analyzed in the current "EIR". We look forward to working with the City of Temecula and Lennar Communities to resolve these issues. Sincerely, Edward J. Burke Vice President of Global Engineering EJB/sld 26040 Ynez Road · F~O. Box 9o,t2 · Temecula, CA · USA · 9z589-9oz2 tel 9o9.694-916o · fax 9o9.694-917o 04:43pm From-RIV 2 LSAi $09TrgSgZ4 June 20. 2001 Penny Alexander-Kelley Gresham, Savage, Nolan & Tilden 600 N. An-owhead Avenue, Suite 300 San Bernardino, CA 92401-11:18 Suhjcct: HarvestO: Specific Plan Dear Ms. Ale~:ander-Kelley: LSA Associates, Inc. (LSA) has reviewed the City of Temeeula's June 12.2¢Y)1 letter providing responses to your May l 1, 2001 comreem letter addressing the Draft EIR for the Harveston Specific Plan. The City's letter also includes responses from Wilbur Smith nnd Associates (WSA) to the three comments contained in oar May 10, 2001 letter addressing their Harveston Specific Plan traffic study. We offer the lbllowing commentary. LSA Comment 1: Residential Trip Generation There is no question that WSA has rigorously followed the step-by-step methodology contained in Chapter 3, "Guidelines for Estimating Trip Generation" from the Institute of Transportation Engineers (ITE) ??ip Generation Handbook. However, the point that we made in our May 10, 2001 letter remains valid: we believe use of the equations for estimating trip generation of single family residential land uses to be incorrect and inconsistent with the :r~thods customarily used in the transportation engineering profession. Although they have followed the steps correctly, such a mechanical application of the Trip Generation Handbook methodology regarding application ot trip gcncration data ignores the common sense "check" of the results of this process, Chapter 2, "Selection of Independent Variable and Time Period for Analysis," of the Trip Generation H~nd&;ok outlines five characteristics ora preferred independent variable tbr generation. What is in question here is the first characteristic, whereby the prefen~d independent variable is "a "cause" tbr the variation in trip ends generated by a land use." It is not logical that the size of a single family residential project has m~ything to due with the per capita rat~ of trip tm'firing, which was the result as applied by WSA. Since use of the equations as opposed to average rates results in lower trip generation, overall project impacts may be underestitrmted, and sufficient mitigation :nay not be identified. Thc reason why use of equations in this case is wrong was already identified in our previous letter where we showed thai use of the equations yields less trips fo:' a 1.000 home project in comparison to t~n I00 holm projects contiguous to one another. The equations appear to relate trips to an independent variable defined as a specific number of homes, although the correct independent variable was intended to be a single home. Although it is probable :hat a huge single family subdivision would have a small number of internalized trips that would not reach outside of'the Irip counting !orations of a trip generation survey, this still leaves ns with an illogical coneluslou. LSA Comment 2: Service Commercial Trip Generation Measm~ 5 l~zluiles additional studies to detenx~.ne the Iocatien and timing ofclrculat/on improvements. However. it does not address our comments fromMay 10, 2001 whereby potential uses with trip generation greater than that analyz~ in the EFR are permitted within the proposed Specific Plan. Again. thc EIR should add a lmtiganon measure that puts a ceiling on the amount ut' trips that m~e allowed within t~¢ s.:rvice commercial areas. LSA Comment 3: Conflicts with Existing Truc~ The issue involves "eMstJng" truck use and access on Eqmty Drive and the ptoposat to place a park fronting on the east side of Equity Drive. Consideration should be gtven to placing the park so that better land use compatibility is obtained. Otherwise, a less than adequate land use compatibility, such as proposed in the Specific Plan. results. Given that the park has not been built yet, there ace no significant constraints regarding where it could be located. To conclude, it is cmr professional opinion that the Draft ELR for th~ Flarveston Specific Plan contains three circulation inadequacies that have not been addressed in the City's June 12, 20.31 letter response to our original May 10, 2001 comments. Those three issues include the f611owing: Under counted trips from the proposed single family homes due to an incorrect use of the trip generation equationa. The El3', is missing a mitigation measure tlmt would put a ceiling on the quaintly of trips from thc proposed service commercial ames, so that impacts remain wiflfin those analyzed in the EIR. The proposed park on Equity Drive should be relocated to an area with more compatible land na¢s. Should you have any more questions or wish to discuss this letter, please feel free to call me at (909) 7g14310. Sincerely, LSA ASSOCIATES, INC. Raymond V. FIussey, AICP Project Manager Re: Traffic Mitigation Workshop Mr. Chairman, Commissioners, and Staff: My name is Ed Burke. I represent Channell. We have approximately 20 acres, 350,000 square feet, immediately adjacent to the project. We have been working with prospective developers and staff for years and most recently, with Lennar and Bill Storm and we appreciate the process of working together. We have several issues with respect to traffic and circulation, which we are discussing and are not comfodable with, at this time. We are concerned with the project's location next to a commercial/industrial area with respect to traffic safety issues, examples: large commercial carriers and families. How has the traffic flow been modeled from the commercial areas immediately adjacent on Ynez? Twenty-four-hour, 7-day, industrial use type traffic is somewhat incompatible with residential uses. We have employee traffic from: 6:00 AM to 8:00 AM; 3:00 PM to 6:00 PM; and 11:30 PM to 12:30 AM Southbound Ynez access from existing business: How do planned signals affect traffic flow? What is the projected through traffic expected from Ynez, south of Winchester and north of Winchester? Is on street parking on Equity planned? As that puts commercial use and public uses together. There are some current occupants in the business park that have considerably large truck traffic. We have concerns with the realignment of Ynez and its proximity to our facility and our access concerns. With respect to continuation to Hot Springs Road, timing and controlled by whom, I have questions with the connection between on-site and off-site improvements. Our employees will take the shodest and most direct path they determine to get home even if that involves driving through residential streets. We would like a copy of the presentation. CITY OF MURRIETA 26442 Beckman Com't, Murrieta, CA 92562 Internet Address: Telephone: 909~304-CITY(2489) Fax: 909-698-4509 http.//murrieta.ca.us June 20, 2001 City of Temecula Members of the Planning Commission 43174 Business Park Drive Temecula, CA 92590 Re: Planning Application 00-0189 (Harveston Specific Plan) Dear Commission Members: The City of Murrieta's Traffic Engineer, Hank Mohle, reviewed the traffic study for the Harveston Specific Plan and his comments have been submitted to the Commission under separate cover. Based on Mr. Mohle's review, it is the City of Murrieta's position that the Transportation and Circulation impacts analyzed in the EIR for the project have been underestimated. For example, the traffic study prepared by Wilbur Smith Associates identified a project build-out date for all phases of the project in 2005. This build-out scenario includes the 112 acres of land designated as Service Commercial. Our concern with this assumption is that it is highly unlikely that the project will build out in 2005. Based on historical trends and the amount of vacant commercial property within the surrounding areas, absorption of 112 acres of Service Commercial land is not realistic. In addition, we also have concerns that the 1,921 residential units may not be built out in 2005 because of the amount of vacant residential land in the area. Our records indicate that there are approximately 23 large residential projects being proposed totaling over 34,000 dwelling units wi,thin the Munieta, Temecula, and Southwest Riverside County area. These 34,000 units are in addition to the 1,921 units proposed by the Harveston Specific Plan. The reason that the above facts are significant is that the Harveston Specific Plan most likely will build-out several years beyond 2005, given the amount of available developable land and the historic growth rotes for the area. Therefore, the Mitigation Measures, in our opinion, will not be adequate to mitigate traffic to below a level of significance as defined by the California Environmental Quality Act (CEQA), because they were based on traffic impacts for build out in 2005, and not a later build out year. Consequently, it may not be feasible to achieve the Level of Service (LOS) of"D" or better as required by the Temecula General Plan. The City of Murrieta requests that the Resolution adopting the EIR for the Harveston Specific Plan, identify that Transportation and Circulation impacts will not be mitigated to less than significant /evers and that a Statement of Overriding Considerations be adopted to reflect that the benefits of the project to the City of Temecula outweigh the unavoidable adverse environmental effects created by the project (ref CEQA 15093). Thank you for the oppommity to comment on this project and have our concerns entered into the record. Sincerely, Ernest Perea Planning Manager c: Murrieta City Council Stephen Mandoki, Murrieta City Manager CITY OF MURRIETA MEMORANDUM DATE: TO: FROM: BY: RE: ~ 20, 2001 City of Temecula Planning Commission Jim Miller, Development Services Director Hank Mohle, Traffic Engineer~_~ Comments on "Revised Traffic Impact Study Harveston Specific Plan EIR" Dated July 19, 2000 Pursuant to your request, I have reviewed the subject study and provided my comments as follows. 1) PM Peak Hour Proiect Trip Generation From "Traffic Impact Study" Low. Thc proposed project has an estimated daily total traffic generation of 41,767 trip ends. The PM peak hour "in-bound" volume estimate is 2110 vph. Thc "out-bound" PM peak hour volume is estimated to be 1734 vph. Exhibit "A" shows the comparison of our trip project generation estimate to the project trip generation shown in the project's "Traffic Impact Study". The comparison shows that "Traffic Impact Study" (here after called "Study") trip generation estimates are lower than our estimates by the following percentages for the PM peak hour and dally periods: IN OUT -13% -19% The use of the lower traffic volume estimates result in better "level of service" (LOS) results at the "Study" intersections. 2) Report Signature. The technical traffic report for thc EIR was not documented as being prepared and signed by a California licensed engineer and the report may, therefore, be subject to legal challenge. 3) Growth Rate Low. The five (5) percent growth for the period 1998 to 2005 as mentioned on page 13 of the project's "Traffic Impact Study" dated July 19, 2000 is significantly below the measured 9.5% historical growth rate for Murrieta Hot Springs Road between Alta Murrieta and Whitewood Road as documented on Exhibit "B". 4) 5) 6) If the four (4) year period 1998 to 2001 is used, the traffic volume data shown on Exhibit "B" indicates that the annual (compounded yearly) growth rate is 13.2%. It is concluded that the "Study's" ambient growth rate may be significantly low, at least for Murrieta Hot Springs Road. Year 2002 Volume Analyses. Based on the traffic count taken on April 26, 2001 on Murrieta Hot Springs Road between Alta Murrieta and Whitewood Road that showed a total 24-hour volume of 25,798 (Exhibit "B") the PM peak hour total westbound volume was 1150 vehicles per hour. Figure 21 titled "2002 PM Peak Total Traffic Volumes, Background and Project" shows the total westbound volume on Murrieta Hot Springs Road at Alta Murrieta to be 939 vehicles per hour. The actual Year 2001 counted volume is 211 vehicles per hour higher than the projected Year 2002 volumes. The projected "Studf' volume is therefore 18% lower than the actual Year 2001 volume. Year 2005 Proiection For Murrieta Hot Springs Road. The projected Year 2005 total westbound (at Alta Murrieta on Murrieta Hot Springs Road) PM peak hour volume without the proposed project is 1847 vehicles per hour (see figure 24). Figure 29A titled "2005 Project Traffic Only" of the "Study" shows that the estimated total westbound PM peak hour project volume at Murfieta Hot Springs Road at Alta Murfieta is 298 vph. Adding the 2005 westbound PM volume of 1847 (without the project) to the 298 vph from the project the total is 1847 + 298 = 2145 vph. Year 2005 Volume "Study" Analyses at Murrieta Hot Springs Road and Alta Murrieta. Figure 3lA titled "2005 With Project Scenario PM Peak Total Traffic Volumes" shows that the estimated PM peak hour total westbound volume is 1985 plus 150 = 2045 vph. This volume is 100 vph lower than the above calculation. Table 6, following page 27 of the "Study" shows that for Year 2005 with the project and with improvements the Murrieta Hot Springs Road at Alta Murrieta intersection will have a PM peak hour level of service (LOS) of"C" (22.7 sec) and a "critical v/c" of 1.00. It is not possible to determine fi.om the "Study" the following that are involved in the LOS or "critical v/c" calculations: · Actual volumes used · "Lost time" assumption · "Saturation flow rates" · Peak hour factor · Signal cycle length · Definition of"critical v/c" i.e. is this for the critical movements or just one movement? Since this intersection is close to the northbound exit ramp of the 1-215 fi'eeway coordination of the signals between the interchange and the Alta Murrieta at Murrieta Hot Springs Road intersection is an important issue to be considered in the overall analysis. The report (Figure 32B following page 30) shows that the recommended mitigation for this intersection is an added "right mm only" lane for westbound to northbound traffic. This figure shows that the improvement is needed with "project build-out" but is not needed without the project. There are no geometrics, i.e. length of right mm lane, for this needed improvement in the "Study". 7) 8) Proiect Build-Out Year Beyond 2005. In attendance at the 4:00 p.m. meeting on May 14, 2001 at the Murrieta City Hall were Raymond C. Becker, Vice President, Community Development, Lermar Communities, Ernest Perea, Planning Manager and Hank Mohle, Traffic Engineer. Mr. Becker stated that the approximately 100 acres of"service commemial" of the Harveston Specific Plan would not be "built-out" until after Year 2005, compared to the completion date of 2005 for all five (5) phases as stated on page 6 of the July 19, 2000 "Revised Traffic Impact Study" by Wilbur Smith Associates. If the "build-out" year is after 2005 the ambient traffic volumes would be higher than the ambient traffic volumes shown in the Traffic Study for Year 2005. The "build-out" analyses for Year 2005 would, therefore, be incorrect and would not represent a realistic "level of service" (LOS) estimate at the "Study" intersections. With a "build-out" year beyond Year 2005, it is quite possible that it would not be practical (in terms of required improvements at the critical "Study" intersections) to achieve a LOS of"D" or better. If in fact, the "build-out" year for the project is beyond Year 2005, the "build-out" year traffic analysis should be redone for a realistic "build-out" year. Southbound 1-15 Exit Ramp To Winchester. According to the "Study", the "existing" Year 1999/2000 PM peak hour traffic volume on the southbound exist ramp t~om 1-15 was 1661 vph (see Figure 8). Based on Figure 24 of the "Study" by Year 2005, this southbound 1-15 exit ramp PM peak hour will increase to 2328 vph, without the project..With the project by Year 2005, this exit ramp PM peak hour volume will total 2359 vph (see Figure 3lA). Comparing the volumes in Figure 3 lA and Figure 24 the proiect volume on this exit ramp for the PM peak hour is 2359 - 2328 = 31vph. This volume of 3 lvph is significantly (78%) lower than the proiect volume of 141vph for this ramp shown, on Figure 29A. The existing queuing on the southbound 1-15 approach to this exit ramp is a well-known dangerous continuing situation. Many rear-end crashes per month are reported because of the queuing back onto the freeway lanes from the S/B ramp terminal signals at Winchester Road. The "Studf' estimates that with the project the volume by Year 2005 could increase form 1661 vph to 2464 vph an increase of 49%! As shown in Figure 31 A of the "Study", the estimated Year 2005 PM peak hour volume with the project shows southbound volume from the 1-15 exit ramp at Winchester Road is 2359 vph. Of this total, 1418 vph (60%) are projected to turn left. Based on a Sim-Traffic simulation analysis, using the "Study's" projected Year 2005 PM peak hour traffic volumes and the proposed lane arrangement (after improvements) for the southbound exit for I-15 to Winchester Road intersection it is estimated that the southbound queue length will be more than 900 feet (assuming optimized signal timing). With this length queue, the southbound 1-15 right hand thru traffic lane will still be impacted. It is clear that efforts in reducing this queuing by reducing the peak hour traffic volumes (or other means) are important fi'om a safety point of view. 9) Level of Service (LOS) Analyses at Selected Intersections. Based on knowledge of the area four (4) intersections included in the "Traffic Impact Study" were selected for level of service (LOS) and operational characteristics review because they form a closely-spaced system of high volume, multiphase signals. The selected intersections are: I.D. NAME NO. 1. Winchester Road and Jefferson Ave 2. Winchester Road and I-15 SB Ramps 3. Winchester Road and I~15 NB Ramps 4. Winchester Road and Ynez Road Year 2005 "with project" PM peak hour volumes from Figure 3 lA of the "Study" and the intersection lane configurations shown on Figure 32A of the "Study" were used for the analysis. Since intersection No. 3 (Winchester at N/B Ramps) was not shown on Figure 32A, the lane arrangement currently existing as determined from aerial photos and a field review were used to establish the lane arrangement. Two (2) methodologies were used in the analyses. The first was use of using the "Highway Capacity" (Year 2000 edition) criteria and the Synchro Model. The second analysis was the use of the Sim-Traffic simulation model to evaluate the interaction of the closely-spaced intersections. The computer "out put" sheets for these two (2) calculation methods are included with this report and identified as Exhibit "C". A summary of the LOS results are listed below for these four (4) intersections that were assumed to be operating with optimized and coordinated signal timing with consideration for pedestrians and a background signal system cycle length of 120 seconds. The LOS summary shown below is based on the weighted average delay per vehicle for all the intersection movements. The stated minimum acceptable LOS is "D". YEAR 2005 TRAFFIC WITH PROJECT, LOS AND AVERAGE DELAY PER ID INTERSECTION NAME VEHICLE, SEC. 1 Jefferson & Winchester "D"; 49.9 sec./veh. "F"; 611 sec./veh.. 2 Winchester & 1-15 SB Rumps "F"; 131 sec./veh. "F"; 278 sec./veh. 3 Winchester and 1-15 NB Ramps "D"; 38 sec./veh. "F"; 93 sec./veh. 4 Winchester and Ynez "E"; 70 sec./veh. "F"; 495 sec./veh. The Sim-Traffic simulation results for 15 minutes shows higher average per vehicle delays because of queu/ng and the inter-action of those relatively closely-spaced signals. An issue of equal importance to average delay per vehicle is "queue lengths". Both the Synchro and Sim-Traffic analyses show the queue lengths for each movement at the four (4) intersections. The excessive lengths of these queues will have significant detrimental impact on "up-stream" signals and driveways. In reviewing the performance of signal operations where signalized intersection spacing is relatively short, the "queuing" issue becomes of equal importance to the vehicle delay issue. It is concluded that there are excessive traffic volumes at these intersections compared to the overall geometries and intersection spacing. TRIP GENERATION Temecula, CA (Phases 1 thru 4) PROPOSED; ~ ~ Single Family 210 1,528 DU 0.18 0.53 0.52 0.3 8.33 275 8t0 795 458 12,728 ApaAmenm 221 393 DU 0.09 0.35 0.37 0.t9 6.11 35 138 1~ 75 2,401 Neighbo~ood 820 20 TSF 1.87 1.19 5.21 5.64 t2t.09 37 24 t04 113 2,422 Shopping Commercial 820 1,009~ TSF 0.38 0.24 1.37 1.49 29.87 383 242 t,382 t,503 30,139 Haveston Tm~c Impact Study To~l Project T~p ~eneraUon 1,137 t,687 2,1 t0 1,734 41,767 EXHIBIT A Traffic Growth Oil Murrieta Hot Springs Road Between Alta Murrieta and Whitewood Road YEAR 24 HOUR VOL. COUNT DATE 1992 11,422 6/18/92 1993 1994 12,905 9/15/94 1995 1996 15,609 7/31/96 1997 16,067 6/26/97 1998 15,663 8/2/98 1999 19,055 6/14/99 2000 20,895 8/16/00 2001 25,798 4/26/01 Notes: 1) Data based on City of Murrieta traffic count records. 2) Average 9.5% / yr. increase compounded yearly for 9 years) EXHIBIT B City of Temecula Winchester Rd 5122/2001 O:ld._Syn c_Prtd_oth~Rt._?9~RT79_Y2015_PM.sy6 City of Temecula Winchester Rd 5/27J2001 O:~d_Sync_Pr~d_oth~Rt_79~RT79_Y2015_PM.sy6 City of Temecula Year 2005 (P.M. Peak Hour) 2: JEFFERSON AVE & WINCHESTER RD 5/22/2001 ?:SEt~ :. i :. SET iiiSERi :.NWEi i iNVVTii i NVqRi i i il NEE i il N E'~ii iii N ERii i ~?:::?S~ i SWR Lane Configurations ~ ~ Total Lost Time (s) 4.0 4.0 Satd. Flow (prot) 3433 3476 Fit Permitted 0.950 Satd. Flow (perm) 3433 3476 Satd. Flow (RTOR) 12 Volume (vph) 789 678 Confl. Peals. (#/hr) Confl. Bikes (~Whr) Peak Hour Factor 1.00 1.00 Growth Factor 100% 100% Heavy Vehicles (%) 2% 2% Bus Blockages (~hr) 0 0 Parking (#/hr) Mid-Block Traffic (%) 0% Lane Group Flow (vph) 789 769 Turn Type Prot Protected Phases 7 4 Permitted Phases Detector Phases 7 4 Minimum Initial (s) 4.0 4.0 Minimum Split (s) 8.0 30.0 Total Split (s) 31.0 40.0 Total Split (%) 26% 33% Yellow Time (s) 3.5 3.5 Ali-Red Time (s) 0.0 0.0 Lead/Lag Lag Lag Lead-Lag Optimize? Yes Yes Recall Mode None None Act Effct Green (s) 27.0 38.8 Actuated g/C Ratio 0.23 0.32 v/c Ratio 1.02 0.68 Uniform Delay, dl 46.5 34.6 Delay 76.0 35.5 LOS E D Approach Delay 56.0 Approach LOS E Stops (vph) 889 949 Fuel Used(gal) 26 20 CO Emmisions (g/hr) 1839 1406 NOx Emmisions (g/hr) 358 274 VOC Emmisions (g/hO 426 326 Dilemma Vehicles (~ 0 28 Queue Length 50th (It) ~334 268 Queue Length 95th (It) #458 350 Internal Unk Dist (fi) 922 50th Up Block Time (%) 95th Up Block Time (%) Turn Bay Length (fi) 400 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 0 1770 3539 2787 1770 5085 1583 3433 3539 1583 0.950 0,950 0.950 0 1770 3539 2787 1770 5085 1583 3433 3539 1583 609 218 509 91 120 742 1022 286 1249 281 715 504 509 1.00 1.00 1;00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 0 0 0 0 0 0 0 0 0 0 0% 0% 0% 0 120 742 1022 286 1249 281 715 504 509 Prot Perm Prot Perm Prot custom 3 8 5 2 I 6 8 2 8 3 8 8 5 2 2 1 6 8 4.0 4.0 4,0 4.0 4.0 4.0 4.0 4.0 4.0 8.0 8.0 8,0 8.0 30.0 30.0 8.0 30.0 8,0 0.0 19.0 28.0 28.0 28.0 33.0 33.0 28.0 33.0 28.0 0% 16% 23% 23% 23% 28% 28% 23% 28% 23% 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Lead Lead Lead Lead Lead Lead Lag Lag Lead Yes Yes Yes Yes Yes Yes Yes Yes Yes None None None None Coord Coord None Coord None 12.2 24.0 24.0 21.9 29.0 29.0 24.0 31.1 24.0 0.10 0.20 0,20 0.18 0,24 0.24 0,20 0.26 0.20 0.67 1,05 0.98 0.89 1~02 0.51 1.04 0.55 0.70 51.9 48.0 19.1 47.8 45.5 8.1 48.0 38.4 0.0 51.5 85,0 35.2 54.1 68.7 10.1 52.5 19.8 8.7 D F D D E B D B A 55.8 57.4 30.0 E E C 113 878 838 276 1360 69 521 216 242 3 26 22 7 36 2 15 6 5 219 1831 1542 484 2482 161 1049 401 341 43 356 300 94 483 31 204 78 66 51 424 357 112 575 37 243 93 79 0 28 0 0 49 0 0 38 0 91 ~329 209 213 ~365 39 -154 92 191 152 #453 #338 #350 ~469 122rn~166 m97 m208 859 470 385 200 200 200 200 200 O:~d_Sync_Pr~_ot h~Rt_79~RT79..Y2015_PM.sy6 2: JEFFERSON AVE & WINCHESTER RD hankmooran-st51 Synchro 5 Report Page 1 City of Temecula Year 2005 (P.M. Peak Hour) 2: JEFFERSON AVE & WINCHESTER RD 5/22/2o01 ~ine Gr~iSi: i :.:::: ii i ::i: i i S EEi :. S~iii S ERii N~ i :: N~i NVVRii:ii NEEi ii NE3; :: i N ERi ~ i iSW3'iii::SWR 50th Bay Block Time % 32% 3% 10% 33% 3% 95th Bay Block Time% 15% 49% 17% 38% 45% 4% Queuing Penalty (veh) 28 48 31 99 111 8 Cycle Length: 120 Actuated Cycle Length: 120 Offset: 111 (93%), Referenced to phase 2:NET and 6:SWT, Start of Yellow Natural Cycle: 120 Control Type: Actuated-Coordinated Maximum v/c Ratio: 1.05 Intersection Signal Delay: 49.9 Intersection LOS: D Intersection Capacity Utilization 100.9% ICU Level of Service F ~ Volume exceeds capacity, queue is theoretically infinite. Queue shown is maximum after two cycles. # 95th percentile volume exceeds capacity, queue may be longer. Queue shown is maximum after two cycles. m Volume for 95th percentile queue is metered by upstream signal. Splits and Phases: 2: JEFFERSON AVE & WINCHESTER RD e4 e5 O:~d_Sync_Pr~d_ot h~Rt_79 ~RT79_Y2015_PM.sy6 2: JEFFERSON AVE & WINCHESTER RD hankmooran-st51 Synchro 5 Report Page 2 City of Temecula Year 2005 (P.M. Peak Hour) 5: YNEZ RD & WINCHESTER RD 5/22/2001 Lane Configurations ~ Total Lost Time (s) 4.0 Satd. Flow (prot) 1770 Fit Permitted 0.950 Satd. Flow (perm) 1770 Satd. Flow (RTOR) Volume (vph) 198 Confl. Peds~ (#/hr) Confl. Bikes (#/hr) Peak Hour Factor 1.00 1:00 1.00 1.00 Growth Factor 100% 100% 100% 100% Heavy Vehicles (%) 2% 2% 2% 2% Bus Blockages (#/hr) 0 0 0 0 Parking (~hr) Mid-Block Traffic (%) 0% Lane Group Flow (vph) 198 899 393 709 Turn Type Prat Perm Prot Protected Phases 7 4 3 Permitted Phases 4 Detector Phases 7 4 4 3 Minimum Initial (s) 4.0 4.0 4.0 4.0 Minimum Split (s) 7.5 29.5 29.5 7.5 Total Split (s) 16.0 30.5 30.5 27,0 Total Split (%) 13% 25% 25% 23% Yellow Time (s) 3.5 3.5 3.5 3.5 Ali-Red Time (s) 0.0 0.0 .0;0 0.0 Lead/Lag Lead Lead Lead Lag Lead-Lag Optimize? Yes Yes Yes Yes Recall Mode None None None None Act Effct Green (s) 12.0 25.6 25.6 24.0 Actuated g/C Ratio 0.10 0.21 0.21 0.20 v/cRatio. 1.12 0.86 0.80 1.17 Uniform Del;'y, dl 54.0 40.1 15.1 48.0 Delay 129.4 41,1 18.6 128.0 LOS F D B F Approach Delay 46.9 Approach LOS D Stops (vph) 285 1007 208 1052 Fuel Used(gal) 9 21 6 31 CO Emmisions (g/hr) 612 1497 407 2132 NOx Emmisions (g/hr) 119 291 79 415 VOC Emmisions (g/hr) 142 347 94 494 Dilemma Vehicles (~ 0 35 0 0 Queue Length 50th (fi) -177 232 122 -391 Queue Length 95th (fi) #330 232 #246 #-526 Internal Link Dist (fl) 895 50th Up Block Time (%) 95th Up Block Time (%) Turn Bay Length (fi) 200 200 'f'ft, ff ff tttt ff tilt, 4.0 4.0 4.0 4.0 4.0 4.0 4,6 4.0 4.0 4~0 ~4.0 4556 1362 3044 3143 1583 3433 6408 1583 3433 6337 0 0.950 0.602 0.950 0.950 4556 1362 3044 1929 1583 3433 6408 1583 3433 6337 0 101 253 244 436 15 590 702 1064 577 443 553 2053 869 417 2045 160 1.00 1.00 1,00 1.00 1:00 1.00 1.00 1.00 100% 100% 100% 100% 100% 100% 100% 100% 2% 2% 2% 2% 2% 2% 2% 2% 0 0 0 0 0 0 0 0 0% 0% 932 443 553 2053 869 417 Perm Prot Perm Prot 8 5 2 1 8 2 8 8 5 2 2 1 4.0 4.0 4.0 4.0 4.0 4.0 7.5 7.5 7.5 29.5 29.5 7.5 41.5 41.5 21.0 45.5 45.5 17.0 35% 35% 18% 38% 38% · 14% 3.5 3.5 3.5 3.5 3.5 3.5 0.0 0.0 0.0 0.0 0.0 0.0 Lag Lag Lag Lag Lag Lead Yes Yes Yes Yes Yes Yes None None None Coord Coord None 37.6 37.6 17.0 41~5 4t.5 13.0 0.31 0.31 0.14 0.35 0.35 0.11 1.20 0.67 1.14 0.93 1.04 1.12 44.4 15.0 51.5 37.8 18.7 53.5 129:9 15.8 65.8 31~0 ' 20.3 117,1 F B E C C F 105.0 33:9 F C 1366 291 565 1855 558 578 40 6 16 42 14 19 2819 432 1114 2951 960 1335 548 84 217 574 187 260 653 100 258 684 ~ 309 32 0 0 93 0 0 "515 133 ~257 438 -108 -191 #659 255 rn~55 m378 rrdt481 #294 724 244 8% 19% 2% 6% 15% 13%' 200 200 200 200 O% 2205 0 6 4.0 29.5. 41.5 35% 3.5 0.0 Lead Yes None 37~6 0.31 1.11 40.9 91.5 F 95.6 F 2974 89 6199 1206 1437 82 -565 f~42 1148 0.0 0% O:~d_Sync.._PAd_ot h~Rt_79~RT79_Y2015_PM.sy6 5: YNEZ RD & WINCHESTER RD hankmooran-st51 Synchro 5 Repoit Page 3 City of Temecula Year 2005 (P.M. Peak Hour) 5: YNEZ RD & WINCHESTER RD 5/22/2001 L~ h eiG rossi ii ii i ii il i ::iii S~:: ii: SEmi iSERi i NWEii N~i iNWR :: i NEIEi ii i N E~:i iiNER:, ii iSV~ S~ iiSWR 50th Bay Block Time % 5% 39% 40% 23% 23% 3% 43% 95th Bay Block Time% 43% 5% 54% 50% 12% 19% 20% 16% 34% 47% Queuing Penalty (veh) 64 10 216 319 29 146 460 107 94 187 i~i~:~ ~ ~::~: :, '~ ~ ~ ~?~:~ :::i~ :: i'~i ~:. ~: i:~ :~i~:::~:: ::::: :.:~ i:.'~ ~ii :.:: :i :~ ;~ii ~i ~: :~i :~:~:~i ~:, '~i ~i :: ::: ::~i:~ii ~ili :: :::,i:,i '.ii'~ ~ i~: ::: i i'~i':'~ii~ i:~:: !': i'ii'~:~i~: i~.i :: i:.:, :.i'.'i~il iii:~ i:, i'.~ '~iiii Cycle Length: 120 Actuated Cycle Length: 120 Offset: 11 (9%), Referenced to phase 2:NET, Start of Yellow Natural Cycle: 150 Control Type: Actuated-Coordinated Maximum v/c Ratio: 1.20 Intersection Signal Delay: 67.9 Intersection LOS: E Intersection Capacity Utilization 101.5% ICU Level of Service F ~ Volume exceeds capacity, queue is theoretically infinite. Queue shown is maximum after two cycles. # 95th percentile volume exceeds capacity, queue may be longer. Queue shown is maximum after two cycles. m Volume for 95th percentile queue is metered by upstream signal. Splits and Phases: 5: YNEZ RD & WINCHESTER RD ~el e2 e4 e3 O:~d_Sync_Pr~d_ot h ~Rt_79~RT79_Y2015_PM.sy6 5: YNEZ RD & WINCHESTER RD hankmooran-st51 Synchro 5 Report Page 4 City of Temecula Year 2005 (P.M. Peak Hour) 7: N/B Loop & WINCHESTER RD 5/22/2OOl Lane Configurations Satd. Flow (prat) Fit Permitted Satd. Flow (perm) Volume (vph) Confl. Peds. (~hr) Confl, Bikes (~Whr) Peak Hour Factor Growth Factor. Heavy Vehicles (%) Bus Blockages (#/hr) Parking (#/hr) Mid-Block Traffic (%) Lane Group Flow (vph) Sign Control 0 0 4806 1362 0 5085 0 0 4806 1362 0 5085 0 0 2506 1617 0 788 1.00 1.00 1.00 1.00 1.00 1.00 100% 100% 100% 100% 100% 100% 2% 2% 2% 2% 2% 2% 0 0 0 0 0 0 0% 0% 0% 0 0 2506 1617 0 788 Stop Free Free Control Type: Unsignalized Intemection Capacity Utilization 70.1% ICU Level of Sen/ice C O:~d_Sync._Pr~l_oth~Rt_79~RT79_Y2015_PM.sy6 7.' N/B Loop & WINCHESTER RD hankmooran-st51 Synchm 5 Report Page 5 City of Temecula Year 2005 (P.M. Peak Hour) 8:1-15 S/B RAMP & WINCHESTER RD 5/22/2001 Lane Configurations ~ ~ Total Lost Time (s) 4.0 4,0 4.0 4.0 4.0 Satd. Flow (prot) 3433 0 2787 0 0 Fit Permitted 0.950 Satd. Flow (perm) 3433 0 2787 0 0 SaM. Flow (RTOR) 1920 Volume (vph) 1418 0 941 0 0 Confl. Peds. (fflhr) Confl. Bikes (#/hr) Peak Hour Factor 1.00 1.00 1.00 1.00 1.00 Growth Factor 100% 100% 100% 100% 100% Heavy Vehicles (%) 2% 2% 2% 2% 2% Bus Blockages (#/hr) 0 0 0 0 0 Parking (#/hr) Mid-Block Traffic (%) 0% 0% Lane Group FIow(vph) 1418 0 941 0 0 Turn Type custom custom Protected Phases 7 Permitted Phases 7 6 Detector Phases 7 6 Minimum Initial (s) 4.0 4.0 Minimum Split (s) 8.0 8.0 Total Split (s) 43.0 0.0 19.0 0.0 0.0 Total Split (%) 36% 0% 16% 0% 0% Yellow Time (s) 3.5 3.5 Ali-Red Time.(s) 0.0 0.0 Lead/Lag Lead-Lag Optimize? Recall Mode None Min Act Effct Green (s) 39.0 15.0 Actuated g/C Ratio 0.33 0.13 v/c Ratio t.27 0.46 Uniform Delay, dl 40.5 0.0 Delay 148.4 0.0 LOS F A Approach Delay Approach LOS Stops (vph) 2417 0 Fuel Used(gal) 67 7 CO Emmisions (g/hr) 4681 ' 499 NOx Emmisions (g/hr) 911 97 VOC Emmisions (g/hr) 1085 116 Dilemma Vehicles (~ 0 0 Queue Length 50th (ft) ~714 0 Queue Length 95th (fi) #850 0 internal Unk Dist (It) 893 670 50th Up Block Time (%) 95th Up Block Time (%) Turn Bay Length (fi) 480 4.0 4.0 4.0 4.0 4.0 4.0 0 4999 0 0 5085 0 0 4999 0 0 5085 0 25 0 2705 356 0 788 0 1.00 1.00 1.00 1.00 1.00 1.00 100% 100% 100% 100% 100% 100% 2% 2% 2% 2% 2% 2% 0 0 0 0 0 0 0% 0% 0 3061 0 0 788 0 2 6 2 6 4.0 4.0 29.0 8.0 0.0 58.0 0.0 0.0 19.0 0.0 0% 48% 0% 0% 16% 0% 3.5 3.5 0.0 0.0 Coord Min 54.0 15.0 0.45 0.13 1.35 1.24 32.6 52.5 161.5 136.3 F F 161.5 136.3 F F 5568 1272 165 36 11536 2514 2244 489 2674 583 171 42 ~1117 ~273 m#1109 m#294 385 221 24% 13% 23% 18% O:~d_Sync_Pr~d_ot h ~Rt_79'~RT79_Y2015_PM .sy6 8:1~15 S/B RAMP & WINCHESTER RD hankmooran-st51 Synchre 5 RepoR Page 6 City of Temecula Year 2005 (P.M. Peak Hour) 8:1-15 S/B RAMP & WINCHESTER RD 5/22/2001 ~;a~ G~;~:i i :. :: :. !ii:. :.~:i iiiiis~iii i SBEiiii S BR: iii:NWLi N~i~:i i NEE ii i ~T ~ ~R~ :.~ ~S~S~ ~?~? ??: 5~h Bay BIo~ ~me % 35% 95th Bay BIo~ Time % 45% Queuing penal~ (veh) 376 726 121 Cycle Length: 120 Actuated Cycle Length: 120 Offset: 112 (93%), Referenced to phase 2:NET, Start of Yellow Natural Cycle: 50 Control Type: Actuated-Coordinated Maximum vic Ratio: 1.35 Intersection Signal Delay: 130.9 Intersection LOS: F Intersection Capacity Utilization 107.3% ICU Level of Service F ~ Volume exceeds Capacity, queue is theoretically infinite. Queue shown is maximum after two cycles. # 95th percentile volume exceeds capacity, queue may be longer. Queue shown is maximum after two cycles. m Volume for 95th percentile queue is metered by upstream signal. Splits and Phases: 8:1-15 S/B RAMP & WINCHESTER RD O:~d_s ync_Pr~l_ot h~Rt_79~RT79_Y2015_PM.sy6 8:1-15 S/B RAMP & WINCHESTER RD hankmooran-st51 Synchro 5 Report Page 7 City of Temecula 10:1-15 NIB RAMP & WINCHESTER RD Year 2005 (P.M. Peak Hour) 5/22/2001 Lane Configurations Total Lost Time (s) Satd. Flow (prat) Fit Permitted Satd. Flow (perm) Satd. Flow (RTOR) Volume (vph) Confl. Peds~ (~Vhr) Confl. Bikes (~h0 Peak Hour Factor Growth Factor Heavy Vehicles (%) Bus Blockages (~hr) Parking (#/hr) 4.0 4.0 4,0 4.0 4.0 4,0 4.0 4.0 4.0 4:0-4.0 3433 0 1583 0 0 0 5085 0 0 4537 1362 0.950 3433 0 1583 0 0 0 5085 0 0 4537 1362 2 207 1091 121 0 969 0 0 0 2505 0 0 1616 2216 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1;00 1.00 1,00 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 0 0 0 0 0 0 0 0 0 0 0 Mid-Block Traffic (%) 0% Lane GrouP Flow (vph) 121 0 969 Tum Type custom custom Protected Phases 3 Permitted Phases 3 8 Detector Phases ' 3 8 Minimum Initial (s) 4.0 4.0 Minimum Split (s) ' 8.0 8:0 Total Split (s) 48.0 0,0 48.0 Total Split (%) 40% 0% 40% Yellow Time (s) 3.5 3.5 Ali-Red Time (s) 0.0 0.0 Lead/Lag Lead-Lag Optimize? Recall Mode None None Act Effct Green (s)'44.0 44.0 Actuated g/C Ratio 0.37 0.37 v/cRatio · · 0.10 1.66 Uniform. Delay, dl 24,9 37.9 Delay ~ ' · 25.1 241.4 LOS C F Approach Delay Approach LOS Stops (vph) 77 2207 Fuel Used(gal) 2 65 CO Emmisions (g/hr) 123 4578 NOx Emmisions (g/hr) 24 891 VOC Emmisions (g/hr) 28 1061 Dilemma Vehicles (~ 0 0 Queue Length 50th (ft) 31 -1103 Queue Length 95th (fi) 52 #1357 Internal Link Dist :(ft) 672 50th Up Block Time (%) 53% 95th Up Block Time (%) 63% Tum Bay Length (fi) 0% 0% 0 0 0 2505 0.0 0.0 0.0 0% 0% 0% 0 0 2582 1250 Free 2 6 Frae 2 6 4.0 4.0 29~0 8.0 72.0 0.0 0.0 72.0 0.0 60% 0% 0% 60% 0% 3.5 3.5 0.0 0.0 954 Coord Coord 68.0 68.0 120.0 0.57 0.57 1.00 · 0.87 1:03dr ~0~92 22.2 22.9 0.0 8.4 5.7 11.3 A A B 8.4 7.5 A A 1388 991 775 23 27 17 1610 1859 1203 313 362 234 373 431 279 73 56 0 286 108 - 776 m198 m106 m688 220 387 10% 14% . · ,11% O:~d_Sync_Pr~_ot h~Rt_79~RT79_Y2015_PM.sy6 10:1-15 N/B RAMP & WINCHESTER RD hankmooran-st51 Synchro 5 Report Page 8 City of Temecula 10:1-15 NIB RAMP & WINCHESTER RD Year 2005 (P.M. Peak Hour) 5/22/2001 50th Bay Block Time % 95th Bay Block Time % Queuing Penalty (veh) 129 153 Cycle Length: 120 Actuated Cycle Length: 120 Offset: 4 (3%), Referenced to phase 2:NET and 6:SWT, Start of Yellow Natural Cycle: 50 Control Type: Actuated-Coordinated Maximum v/c Ratio: 1.66 Intersection Signal Delay: 38.6 Intemection LOS: D Intersection Ca paclty Utilization 115.1% ICU Level of Service G ~ Volume exceeds capacity, queue is theoretically infinite. Queue shown is maximum after two cycles. # 95th percentile volume exceeds capacity, queue may be longer. Queue shown is maximum after two cycles. m Volume for 95th percentile queue is metered by upstream signal, dr Defacto Right Lane. Recode with 1 though lane as a dght lane. Splits and Phases: 10:1-15 N/B RAMP & WINCHESTER RD O:~d_Sync_Pr~_oth~'t_79~RT79_Y2015._PM.sy6 10:1-15 N/B RAMP & WINCHESTER RD hankmooran-st51 Synchre 5 Report Page 9 City of Temecula Year 2005 (P.M. Peak Hour) 20: S/B Loop & WINCHESTER RD 5/22/2001 0 0 0 5085 5085 1583 Lane Configurations Satd. Flow (prot) Fit Permitted Satd. Flow (perm) Volume (vph) Confl. Peds. (#~hr) Confl. Bikes (~/hr) Peak Hour Factor Growth Factor Heavy Vehicles (%) Bus Blockages (~Wh0 Parking (#/hr) Mid-Block Traffic (%) Lane Group Flow (vph) Sign Control 0 0 0 5085 5085 1583 0 0 0 2506 788 949 1.00 1.00 1.00 1.00 1.00 1.00 100% 100% 100% 100% 100% 100% 2% 2% 2% 2% 2% 2% 0 0 0 0 0 0 0% 0% 0% 0 0 0 2506 788 949 Stop Free Free Control Type: Unsignalized Intersection Capacity Utilization 62.1% ICU Level of Service B O:~d_Sync_Pr~d_ot h~Rt_7g~RT79._Y2015_PM.sy6 20: S/B Loop & WINCHESTER RD hankmoomn-st51 Synchm5 RepoR Page10 City of Temecula Winchester Rd 5122/2001 O:~d_Sync_Pr~d_oth~Rt_79~RT79_Y2015._PM.sy6 City of Temecula Year 2005 (P.M. Peak Hour) SimTraffic Performance Report 5/21/2001 2: JEFFERSON AVE & WINCHESTER RD Performance by movement Total Delay (hr) 63.7 46.2 6.1 3.1 16.4 26.4 2.0 10.8 2.5 2.3 0.6 0.2 St Del/Veh(s) 300.7 401.5 434.1 125.7 124.3 155.9 55.2 26.5 8.8 Fuel Used (gal) 30.2 21.7 2.9 2.0 10.3 15.2 1.4 7.6 1.7 2.3 1.6 0.9 CO Emissions (g) 821 549 81 87 406 466 61 364 70 124 230 103 Vehicles Entered 0 0 0 37 144 220 50 279 58 139 73 80 Hourly Exit Rate 0 0 0 132 548 784 232 1160 208 500 292 312 2: JEFFERSON AVE & WINCHESTER RD Intersection Performance Total Delay (hr) 115.9 45.9 15.3 3.1 180.3 St Del/Veh (s) 410.0 128.9 34.9 598.5 Fuel Used (gal) 54.8 27.5 10.8 4,7 97.8 CO Emissions (g) 1450 958 495 457 3360 Vehicles Entered 0 401 387 292 1080 Hourly Exit Rate 0 1464 1600 1104 4168 5: YNEZ RD & WINCHESTER RD Performance by movement Total Delay (hr) 3.7 2.3 2.4 36.5 18.4 14.1 3.1 2.4 0.4 15.7 97.6 11.5 St Del/Veh (s) 268.8 47,9 48.1 1086.5 1040.1 1115.4 107.7 17,8 5.1 1049.1 1500.4 2278.7 Fuel Used (gal) 2.3 3.4 3.4 18.9 9.7 7.2 1.9 2.8 0.6 8.3 50.6 5.9 CO Emissions (g) 142 408 369 573 323 229 65 157 32 319 1664 158 Vehicles Entered 53 156 170 120 65 41 92 375 149 50 216 18 Hourly Exit Rate 164 580 608 476 244 192 412 1536 592 224 984 72 O :~l_Sync._Pr~d_oth~Rt_79~RT79._Y2015_PM .sy6 5/21/2001 hankmooran-st51 SimTraffic Report Page 1 City of Temecula SimTraffic Performance Report 5: YNEZ RD & WINCHESTER RD Intersection Performance Year 2005 (P.M. Peak Hour) 5/21/2001 Total Delay (hr) 8,4 69.0 5.8 124.8 208.1 St Del/Veh (s) 77.0 1079.4 28,9 1467.6 485.0 Fuel Used (gal) 9.1 35.8 5.4 64.7 114.9 CO Emissions (g) 919 1126 254 2141 4439 Vehicles Entered 379 226 616 284 1505 Hourly Exit Rate 1352 912 2540 1280 6084 7: NIB Loop & WINCHESTER RD Performance by movement Total Delay (hr) 0.4 0.5 1,3 St DelNeh (s) 0.1 0.2 33.7 Fuel Used (gal) 4,6 1.4 0.8 CO Emissions (g) 729 91 27 Vehicles Entered 410 262 123 Hourly Exit Rate 1664 1044 492 7: NIB Loop & WINCHESTER RD Intersection Performance Total Delay (hr) 0.9 1.3 2.2 St Del/Veh (s) 0.1 33.7 5.3 Fuel Used (gal) 8.0 0.8 6.8 CO Emissions (g) 821 27 848 Vehicles Entered 672 123 795 Hourly EXit Rate 2708 492 3200 O:~d_Sync_P~d_ot h~Rt_79~RT79_Y2015_PM .sy6 5/21/2001 hankmoomn-st51 SimTraffic Report Page 2 City of Temecula Year 2005 (P.M. Peak Hour) SimTraffic Performance Report 5/21/2001 8:1-15 S/B RAMP & WINCHESTER RD Performance by movement Total Delay (hr) 43,3 21.3 5,4 1.1 8.1 St Del/Veh (s) 620.1 458.4 33.5 52.5 223.4 Fuel Used (gal) 23.6 12.9 6.9 0.9 4.5 CO Emissions (g) 732 501 507 30 139 Vehicles Entered 259 158 429 57 123 Hourly Exit Rate 900 660 1788 248 508 8:1-15 S/B RAMP & WINCHESTER RD Intersection Performance Total Delay (hr) 64.6 6.5 8.1 79.2 St Del/Veh (s) 556.7 35.8 223.4 263.2 Fuel Used (gal) 36,4 7.8 4.5 48.8 CO Emissions (g) 1233 537 139 1909 Vehicles Entered 417 486 123 1026 Hourly Exit Rate 1560 2036 508 4104 10:1-15 N/B RAMP & WINCHESTER RD Performance by movement Total Delay (hr) 2.0 20.6 0.6 3.8 3.3 St Del/Veh (s) 298.1 368.4 3.2 47.8 26.2 Fuel Used (gal) 1.5 12.1 1.9 4.0 3.4 CO Emissions (g) 87 396 164 310 139 Vehicles Entered 25 201 418 226 305 Hourly Exit Rate 96 756 1708 940 1192 O:~_Sync._Pr~l_ot h~Rt_79~RT79_Y2015_PM.sy6 5/21/2001 hankreooran-st51 SimTraffic Report Page 3 City of Temecula Year 2005 (P.M. Peak Hour) SimTraffic Performance Report 5/21/2001 10:1-15 N/B RAMP & WINCHESTER RD Intersection Performance Total Delay (hr) 22.6 0.6 7.1 30.3 St DelNeh (s) 360.7 3.2 35.6 84.6 Fuel Used (gal) 13.7 1.9 7.4 23.0 CO Emissions (g) 483 164 448 1095 Vehicles Entered 226 418 531 1175 Houdy Exit Rate 852 1708 2132 4692 20: S/B Loop & WINCHESTER RD Performance by movement Total Delay (hr) 0.1 0.3 0.3 St DelNeh (s) 0.0 4.1 0.1 Fuel Used (gal) 1.8 0.7 0.9 CO Emissions (g) 211 113 68 Vehicles Entered 416 120 139 Hourly Exit Rate 1672 492 564 20: S/B Loop & WINCHESTER RD Intersection Performance Total Delay (hr) 0.1 0.6 0.7 St DeEVeh (s) 0.0 1.9 0.7 Fuel Used (gal) 1.8 1.6 3.4 CO Emissions (g) 211 181 392 Vehicles Entered 416 259 675 Hourly Exit Rate 1672 1056 2728 O:~,d_Sync_P r~d_ot h'J~_79~RT79_Y2015_PM,sy6 5/21/2001 hankmooran-st51 SimTraffic Report Page 4 City of Temecula SimTraffic Performance Report Total Network Performance Year 2005 (P.M. Peak Hour) 5/21/2001 Total Delay (hr) 506.4 St DelA/eh (s) 758.9 Fuel Used (gal) 353.0 CO Emissions (g) 20962 Vehicles Entered 2322 Hourly Exit Rate 9192 O:~d_Syn c_Pr~d_ot h~t_79~RT79_Y2015_PM .sy6 5/21/2001 hankmooran-st51 SimTraffic Report Page 5 City of Temecula Queuin~l and Blocking Report Intersection: 2: JEFFERSON AVE & WINCHESTER RD Year 2005 (P.M. Peak Hour) 5/21/2001 Directions Served L T TR L T T R R L T T T Average Queue (fl) 419 937 947 99 876 879 237 221 201 414 448 487 Link Distance (fl) 939 939 862 862 495 495 495 Queuing Penalty (veh) 0 0 0 0 0 0 0 Storage BIk Time (%) 1.00 0.00 0.33 0.19 0.48 0.36 0.11 0.42 0,67 Intersection: 2: JEFFERSON AVE & WINCHESTER RD Directions Served R L L T T R Average Queue (ft) 164 149 166 27 55 60 Link Distance (It) 354 354 354 Queuing Penalty (veh) Storage BIk Time (%) 0.04 0.00 0.02 O:~d_Sync_Pr~d_ot h~'t_79~RT79._Y2015._PM.sy6 5/21/2001 hankmooran-st51 SimTraffic Report page 6 City of Temecula Queuing and Blocking Report Intersection: 5: YNEZ RD & WINCHESTER RD Year 2005 (P.M. Peak Hour) 5/21/2001 Directions Served L T T TR R L L LT T R L L Average Queue (It) 224 397 292 260 186 175 234 735 729 105 205 204 Link Distance (It) 897 897 897 897 718 718 Queuing Penalty (veh) 0 0 0 0 Storage BIk Time (%) 0.88 0.01 0.00 0.82 0.75 0.07 0.00 0.17 0.25 Intersection: 5: YNEZ RD & WINCHESTER RD Directions Served T T T T R T T T L L T T Average Queue (It) 201 158 150 178 116 52 47 47 101 154 1159 1176 Link Distance (it) 221 221 221 221 401 401 401 1163 1163 Queuing Penalty (veh) 79 9 0 0 0 Storage BIk Time (%) 0.01 0.01 0.22 Intersection: 5: YNEZ RD & WINCHESTER RD Directions Served T TR Average Queue (it) 1174 1178 Link Distance (It) 1163 1163 Queuing Penalty (veh) 0 0 Storage BIk Time (%) O:~d_Sync_Pr~d_ot h~RL79~RT79_Y2015_PM.sy6 5/21/2001 hankmooran-st51 SimTraffic Report Page 7 City of Temecula Queuing and BIockin~ Report Intersection: 7: NIB Loop & WINCHESTER RD Year 2005 (P.M. Peak Hour) 5/21/2001 Directions Served TR R T T T Average Queue (fi) 3 25 122 74 70 Link Distance (fl) 214 214 86 86 86 Queuing Penalty (veh) 103 36 37 Storage BIk Time (%) Intersection: 8:1-15 S/B RAMP & WINCHESTER RD Directions Served < < R R T T TR T T T Average Queue (fi) 909 912 278 24 310 340 369 280 266 259 Link Distance (ft) 896 896 354 354 354 214 214 214 Queuing Penalty (veh) 0 0 23 74 513 247 161 127 Storage Blk Time (%) 0.45 OAd_Sync_Pr~d_ot h~Rt_79~RT79_Y2015_PM.sy6 5/21/2001 hankmooran-st51 SimTmffic Report Page 8 City of Temecula Queuin~l and Blockin~l Report Intersection: 10:1-15 NIB RAMP & WINCHESTER RD Year 2005 (P.M. Peak Hour) 5/21/2001 Directions Served < < R T T T T T TR R T T Average Queue (ft) 700 701 703 74 80 91 259 364 474 475 56 243 Link Distance (ft) 688 686 686 231 231 231 401 401 401 401 221 221 Queuing Penalty (veh) 0 0 0 14 35 840 538 2 382 Storage BIk Time (%) Intersection: 10:1-15 N/B RAMP & WINCHESTER RD Directions Served T Average Queue (ft) 231 Link Distance (ft) 221 Queuing Penalty (veh) 301 Storage BIk Time (%) Intersection: Bend #19 Directions Served Average Queue (fl) Link Distance (fi) Queuing Penalty (veh) Storage BIk Time (%) O:~d_Sync_P r~d_oth~Rt_79~RT79_Y2015_PM .sy6 5/21/2001 hankmooran-st51 SimTraffic Report Page 9 City of Temecula Year 2005 (P.M. Peak Hour) Queuin~l and Blocking Report 5/21/2001 Intersection: 20: S/B Loop & WINCHESTER RD Directions Served T T T Average Queue (fl) 46 5 15 Link Distance (ft) 231 231 231 Queuing Penalty (veh) Storage BIk Time (%) Nework Summary O:~d_Sync_Pr~l_oth~RL79~RT79_Y2015_PM.sy6 5/21/2001 hankmooran-st51 SimTrafflc Report Page 10 July 10, 2001 City of Temecula Planning Department Debbie Ubnoske, Direcwr ce: G-ueniero e,c: Mathewson cc: Olhasso ce: Telesio ce: Chiniaeff Re: Harveston Specific Plan (SCH#99041033) I request that these remarks be made an official part of the record. I am opposed to the Haweston Project. This development will create serious impacts that, even after mitigation measures, are--~cceptable. Section 5.1, Land Use Comp~'bilky I urge the planning commission not to approve the l~vised C-encral Plan Land Use Designations to Exhibit 12 of the ~ The revision reduces the area zoned Low-Medium by 29.4 acres, and increases the area zoned Medium by 29.4 acres. The calculatioas for the EIR (Exlu'bit 12) are correct. The data was calculated using the "Wiachester I-Tills Specific Plan" Detailed Land Use Sumrruuy. The acreage was compiled ~nto categories that more closely resemble the Land Use D~geations th~, the city adopted for/ts General Plan ia 1993. The Iqarveston Draft ~ wes prepared November, 2000. The Temecula Planning Dept. did not request a revi~'on of the General Plan Land Use Desi~e,~at'ions until the plA,mi%o commission meefin~ on June 21, 2001. During the planning meeting, the revised information was not made av~u]abJe to the public. Furthermore, I strongly urge~the commission not to approve the proposed amendmenthapzone to the General Plan Land Use Dealg~ations. The amenflme~t would further reduce the area zoned Low-Medium to 150.9 acres, for a total reduction of 125.3 acres. The area zoned Medium would be increased to 139.1 acres, for a total increase of I00.1 acres. The EIR (Section 1.1) reports that the overall Harveston site is 552 acres. Exhibit 12 reports that the Existing General Plan Land Use (Residential) Designations are: 276.2 acres of Low-Medium (3-5 du/ac max.), 39.0 acres of Medium (7-12 du/ac max.), and 17.5 acres of High (13-20 du/ac max.). In comparison, the Wolf Creek EIR (SCH ~g030705) reports the overall site is 557 acres. The Wolf Creek Statistical Summary reports that the Land Use Desisnafions are: 4.1 acres of Low (.5-2 du/ac max.), 332.7 acres of Low-Medlum (3-5 chi/ac max.), 29.0 acres of Medium (7-12 du/ae rna~ ), and 14.1 acres of I-Iigh (13-20 du/ac max.). The data eontaiaed in Exhibit 12 is consistent with the Land Use Designations the City adopted for its General Plan in 1993, and previous projects of the same acreage, and should not be amended. The Harvcston ELK also falls to identify the projection of various residential lot sizes, other than the minimum and average residential lot size. Theoretically, this project could build every residential lot, in the Low-Medium area, at 5,000 s.f. This project also proposes to build, in the Low-Medium area, residential lots as small as 4,000 s.f. The Wolf Creek Project was required to build on lots no smaller than 5,000 This requirement should be maintained for this project, and a reasonable ratio of larger lots to smaller lots established. Section 5.3 Transportation / Circulation The ELK dearly identifies significant impacts to traffic/circulation. The interactions at W'mehester road and Jefferson Ave., Io15 SB Ramps, Ynez Road, and Nicolas Road ace identified as already operating at LOS D. The project will generate approximately 41,767 additional daily vehicle trips. Table 6 reports that the level of service on Winchester Road at Ynez Road, and Margarita Road will worsen to LOS D at AM Peak, and LOS F at PM Peak, in 2002, with the addition of Harveston traffic. However, the imersection at Winchester Road and. the 1-15 SB Ramp will reportedly operate at LOS C. Anyone who has ever used this ramp knows this must be a mistake. It is wishful thinkiag to believe the mitigation measures will reduce impacts to less than significant levels along Winchester Road. The City Build-Out ~.n~lysis Findings state fiat the City's currently adopted Circulation Plan results in si~i~cant impacts at City build-out particularly along Winchester Road- This is why alternative plans to add another interchange on the 1-15 are discussed in Section 6.3 of the EIR. How will it be funded'? Will the developer pay anything towards the interchange7 When would the interchange be completed? Section 5.4, Air Quality The Harveston Project will result in si_tm~flcant impacts to air quality, even after mitigation measures. Under CEQA Guidelines, this project requires a Statement of .Overriding Considerations. This project's benefits do not outweigh the significant nnpacts it will have on our air quality. What is more important than breathing clean air? The City Of Temecula cannot continue to approve projects at these densities, that create significant impacts on traffic circula~on and air quality. Furthermore, considering the City recently announced plans to sue Riverside County because of changes in development plan.% and zoning amendments/upzones, it is irresponsible to approve an ameadment, tupzone for this project. This is nothing more than a carefully calculated plml to circumvent the Growth Management Action Plan, and increase densities. An increase of 592 units (44%) over the project low density is not acceptable, even with the reported amenities. Tl]a~kyou for your time and 45501 Clubhouse Drive Temeeula, Ca. 92592 atteafion regarding this matter. July 12, 2001 To: Temecula Planning Commission From: John and Klm Kelliher 29909 Cone Castille Temecula, CA 92591 909-699-9463 Re: Harveston Project We would like to take this opportunity to express our support for the Harveston project under consideration today. As four-year ms/dents of the community, registered voters, parents of three, we have a sincere interest in preserving the quality of Temecula. It was the beauty of the city and the obvious well-planned nature of its streets and residential communities that attracted our family here four years ago. We have seen an amazing amount of growth since that time. But we have to say that Temecula has handled the challenges of growth rather well. The city will continue to grow, no matter how much slow-growth advocates try to stop it. The focus should be not on stopping growth, but on managing that growth in a way that preserves the attsact/veness and quality of life of the area. We believe Harveston is the .type of project that can help do that. After a review, we have come to believe that the developers have adequately addressed the necessary road improvement projects, schools and other infrastructure considerations. And the project itself- with its lake, community gathering areas, retail centers, and various types of housing -~ ig truly innovative~ ......................... Th.e type of community Harveston offers has the potential to become that sort of family- oriented, almost-utopian society where neighbors help each other, feel safe and are part of a greater community. To us, it is exactly the type of project that we should welcome into this area. You might have heard the key line from the movie, FieM of Dreams: "Build it, and they will come." In Temecula's case, if we don't build it, they xv/II come anyway. Let's continue building the types of communities that we can be proud of and that preserve the charm of our city. Joh~ and K/m Kelliher Temecula residents ATrACHMENT NO 17 CITY RESPONSE LE'I-I'ER TO CHANNELL COMMERCIAL R:\S l~Harveston SP\City CounciI\STAFFRPT 8q4-01.doc 23 City of Temecula 43200 Business Park Drive - PO Box 9033 - Temecula- California - 92589-9033 (909) 694-6400 .- FAX (909) 694-6477 June 12, 2001 Ms. Penelope Alexander-Kelly GRESHAM, SAVAGE, NOLAN & TILDEN, LLP, 600 N. Arrowhead Ave., Suite 300 San Bernardino, CA 92401-1148 Dear Ms. Alexander-Kelly: This letter is response to your letter dated May 11,2001 on behalf of the Channell Family Trust and Channell Commercial regarding the Draft Environmental Impact Report (EIR) prepared for the proposed Harveston Specific Plan. Pursuant to the requirements of Sections 15088 and 15132 of the State of Califomia Environmental, Quality Act (CEQA) Guidelines (Title 14, CCR, Section 15000 et seq.), City of Temecula Planning Department prepared responses to comments by the persons, agencies and organizations on the Draft EIR for Harveston Specific Plan, received during the public review pedod, which was held from November 1,2000 through December 18, 2000. The Response to Comments/Final EIR document, dated February 2001 serves as the Response to Comments on the Draft Environmental Impact Report (EIR) for the Harveston Specific Plan project. The document contains all information available in the public record related to the Draft EIR and responds to comments in accordance with Section 15088 of the California Environmental Quality Act (CEQA) Guidelines. Although the comment letter prepared by Gresham, Savage, Nolan and Tilden, LLP on behalf of Channell Family Trust and Channell Commercial Corporation, is dated May 11,2001, which is five (5) months beyond the close of the public review period, the City of Temecula Planning Department is providing the following responses to the comments raised in the above referenced letter. A copy of your comment letter showing the breakdown of the comments and responses is enclosed with this letter. Response1 Introduction The introductory section of the comment letter makes references to "earlier plans," which had, according to the comment letter, portions of the area adjacent to the existing business park designated for additional industrial park development. The letter further states that "when the City rezoned the area and was considering the SweetWater Specific Plan, Channel stated its concerns..." However, these statements are not entirely correct. First, the earlier plan (1993), which was the initial City General Plan, designated this area as business park. The existing City General Plan, amended in 1995, designated the area to the west as Service Commercial, to the north as Neighborhood Commercial, and to the north and east of the existing business park as Medium Density Residential (7-12 dwelling units per acre). Second, when the City rezoned the area R:kS P\Harveston SP\Channe~esp..doc 1 in 1995 it was not considering the "SweetWater" Specific Plan, but rather the "VVinchester Hills" Specific Plan, which was proposed by Bedford Development Company. The SweetWater Specific Plan, which is the predecessor to the current Harveston Specific Plan, came into being about 1998 and has Lennar Communities as its owner/developer. The proposed Harveston General Plan designations west of Ynez Road are proposed to remain Service Commercial (Exhibit 13 of the Draft EIR and Final EIR). However, the areas north and east of the existing business park are proposed to be "low medium" density residential (3-5 dwelling units per acre) and open space (i.e., the proposed community park). It is the City's belief that the communitypark is a more compatible use with the existing business park compared to medium density residential of the existing General Plan land use. Furthermore, the proposed zoning for the project site (E~ibit 14a of the Draft EIR and Final EIR) designates the area immediately north of the existing business park (with the realignment of Equity) as light industrial, which is also more compatible with the existing business park. The analysis of Alternative 2 (Development under Existing General Plan) to the proposed project contained in the Draft EIR on page 6-24 clearly indicates that development of Harveston Specific Plan is below the general plan build out, and the proposed traffic (i.e., number vehicle trips) from the proposed Specific Plan is lower compared to the build out of the existing General Plan designations. Therefore, the "proposed" General Plan and Zoning designations, under the Harveston Specific Plan, present a superior and more compatible land use and takes into account the sensitivity of the existing uses around the project site. With respect to the commentor's concerns on traffic impacts and trip generation undercount for the proposed project, please refer to Responses A-1 through A-3, prepared by the project traffic engineer, Mr. Bob Davis of Wilbur Smith and Associates. Additionally, regarding the general comment on the "inadequacy'' of the Draft EIR, the Draft EIR has been prepared pursuant to CEQA Guidelines, and the City as the lead agency has propedy analyzed the potential impacts that may arise related to traffic and circulation, pedestrian safety, land use conflicts and noise. As supported by the responses provided below, the traffic study has analyzed the existing, plus future, build out scenarios and takes into account traffic generated by all the proposed uses, and the proposed number of dwelling units and traffic generated by the project area below the existing General Plan. Therefore, the Draft EIR is adequate, and per section 15088.5 of the CEQA Guidelines "does not" require re-circulation. Response2 Surrounding Land Use Conflict Issues The Harveston Draft EIR has acknowledged the existence of the Winchester Highlands Business Park, including Channell Commercial. The Business Park has been introduced as one of the surrounding land uses (Section 3.1, Project Location, of the EIR). Additionally, Section 4.4, Local Setting, of the Draft EIR discusses location of Winchester Highlands Business Park, and as noted by the commentor Exhibit 2, Local Vicinity/Surrounding Land Uses shows the existing Winchester Highlands Business Park. Regarding location of the Community Park as a buffer, professional land planners consider a "park" as a good transitional use between residential and commercial uses. This use is consistent with the City of Temecula General Plan, and based upon several prior meetings between City staff and representatives of Channell Commercial. It was acknowledged that the community park would provide a good land use buffer and is more compatible than the existing General Plan designation of Medium Density residential. The five (5) design alternatives for the community park (refined per suggestions from Temecula Community Services Department) were developed considering compatibility between the proposed park and the existing Winchester Highlands Business Park (i.e., Channel Commercial) uses. The final community park design will be completed upon the final approved alignment for Ynez Road. The final park design developed by City staff will take into account the existing adjacent land uses, R:LS P\Harveston SP\Channc~,csp..dcc 2 Response 3 The location of the community park within Harveston is consistent with the City of Temecula General Plan. The express intention of every community or public park is to draw not only local residents, but also for the facility to be used by other members of the community as well. This in turn will bdng some additional traffic, unrelated to the residential development into the vicinity of the community park. However, because park usage in the City is during non-peak hours, the additional traffic will not necessarily result in additional peak hour congestion. Additionally, on page 5-42 of the Draft EIR, the project trip generation table includes 800 daily tr~ps for the 16-acre community park. Please see following responses A-1 to A-3 for traffic/circulation. Response 4 According to Mr. Bob Davis of Wilbur Smith Associates, the number of trucks using Equity Ddve is not sufficient to cause a significant impact. The majodty of the trucks will use County Center Drive rather than the Equity Drive. Finally, Equity Drive is built to a 78' Industrial Collector standard and few of the vehicle tdps will be generated by the Harveston project. Additionally, please refer to Response A-3, below. Response 5 This comment does not raise an issue requiring a response under CEQA. ']he comment is noted and will be forwarded to the appropriate decision-makers. Traffic/Circulation and Pedestrian Safety Issues Response 6 Traffic/Circulation Issues Please refer to Response A-3, below. Response 7 The following response has been prepared by Mr. Hans Giroux of Giroux and Associates: Diesel engines are not major CO emitters compared to automobiles. Diesel engines emit far more NOw than cars per vehicle, and diesel exhaust contains carcinogenic particulates. NOx emissions are important on a regional scale in their role as an ozone precursor, but not as a "hot spot" pollutant. Diesel exhaust particulates are forecast to be reduced dramatically over the next several years, and no impacts to Harveston residents and off-site users are anticipated. Any local air quality issues are thus related to CO emissions which will be minimally affected by truck routing. CO emissions from all vehicles, including a substantial (9%) truck fraction, were included in the project air quality analysis. A screening level microscale air quality "hot spot" analysis was conducted for two intersections, Winchester/Ynez and Murrieta Hot Springs/Margarita. This analysis incorporates worst-case atmospheric dispersion conditions and maximum traffic to predict CO concentrations in very close proximity to the roadway edge. The peak one-hour concentrations area predicted as follows: Winchester / Ynez 6 ppm Murrieta Hot Springs / Margarita 6 ppm Source: Caltrans Air QualityTechnical Analysis Notes, 1988. R:'G P\Harveston SP\ChanneResp_doc Existing peak hour background CO levels are 5.0 ppm. It would require a local contribution of 15 ppm to equal the California one-hour CO standard. The maximum theoretical combined background (5 ppm) plus local (6 ppm) concentration is 11 ppm. Based upon theresults of this analysis, there will be no CO "hot spot" ,~ithin the project vicinity. Response 8 Based on the following Response A-3, the analysis contained in the EIR for Harveston Specific Plan, and incorporation of proposed mitigation measures and design guidelines, there will be no hazards anticipated due to a design faature or incompatible uses. 'the analyses contained in the EIR are adequate per the CEQA guidelines. Response 9 Pedestrian Safety Issues Little, if any, organized sports activity occurs on sport parks between the hours of 7 am and 3:30 pm Monday through Friday. Peak sport park use hours will be Monday through Friday 4 to 9 pm and all day Saturday. During design development TCSD may consider additional onsite parking to help mitigate conflicts. Conflicts should be limited based upon the number of trucks coming to the area, the times for delivery and the peak hour of park usage. Additionally, please refer to responses to traffic/circulation issues, below. Response10 Noise Mr. Hans Giroux, acoustical engineer for Giroux and Associates, has provided the following response: Parks are considered as both noise-sensitive receivers as well as noise generators from active recreation. Allowable noise exposures for community parks are therefore slightly less stringent than for usable exterior residential space. The noise standard for siting active recreation uses is 70 dB CNEL, rather than the 65 dB CNEL standard generallyapplied to residential uses. This siting standard is based upon the CNEL (CommunityNoise Equivalent Level) metric. CNEL is a weighted 24-hour exposure. Isolated truck movements within the Business Park will not measurably increase the CNEL at the adjoining proposed community park. The noise level from 115 trucks per hour at a 25 mph travel speed is 70 dB (FHWA-RD-77-108, calveno REMELs) at 50 feet from the travel path. It would require 2,760 trucks dudng a 12-hour period traveling as close as 50 feet to the proposed community park to exceed 70 dB CNEL. As indicated by the commentor (page 4, 2nd paragraph of the comment letter), Channell's e~sting operations involve a total of 28 trucks per day. The Business Park will never generate 2,760 dai!ytruck trips within 50 feet of the proposed community park interface with the development of the Harveston project. Noise-sensitive recreation would, furthermore, not be placed directly at the park boundary, but generally more in the interior to further increase the buffer distance between any Business Park activity and recreation users. Any reasonable assumptions of both Business Park activity levels and/or park use layouts suggest that there is zero constraint of one use upon the other. Active recreation ball fields and other community park uses operate very successfully in close proximity to heavily traveled arterials or freeways. A shared boundary with a Business Park would neither impact the ability of business to conduct its normal operations or for park users to enjoy community amenities. There are, therefore, no anticipated significant noise impacts that would require additional mitigation, or that ~ould render the EIR as "fatally defective." R:~S P\Harvesto~ SP\Channe~,esp..doc Response11 The comment is acknowledged and will be forwarded to the appropriate decision-makers. Additionally, based on the responses provided above and below, it is the opinion of the City of Temecula that the Draft EIR is adequate and does not need to be revised or recirculated. ATTACHMENT - LSA ASSOCIATES, INC., MAY 10, 2001. The following responses have been provided by Mr. Bob Davis of Wilbur Smith and Associates (WSA), traffic consultant for the project, based on the comments provided in the letter by LSA Associates, Inc., dated May 10, 2001: Response A-1 Residential Trip Generation - WSA agrees that the Institute of Transportation Engineers (ITE) Trip Generation is the industry-accepted source for developing trip generation estimates for proposed development projects. The ITE Trip Generation publication is a three volume set of documents that includes a "Trip Generation Handbook." The Trip Generation Handbook sets forth ITE's recommended practice concerning the use and application of trip generation data/reseamh contained in the ITE Trip Generation documents. The Trip Generation Handbook clearly states the recommended practice regarding the use of regression equations and weighted average rates. Regression equations are recommended when sufficient data and other factors exist that validate the use of the equations. In summary, ITE recommends that the regression equation be used when: 1 ) more than 20 data points are provided in the research data; 2) the calculated R2 value (level of data correlation) is at least 0.75; and 3) the number of dwelling units being studied falls within the cluster of data points used to calculate the regression equation, if all three of these conditions exist, then the regression produces as estimate of trip generation that is more accurate based on the research data than use of the average rate. As can be seen in the ITE Trip Generation Data Plots that were attached to the LSA Associates letter, there are clearly more than 20 data points and data correlation value is well above 0.75. Additionally, the number of single-family residential units (1,528) falls within the cluster of data points (e.g. from under 100 to approximately 2,900). Therefore, the ITE recommended practice'was used for the Harveston Specific Plan traffic study. Response A-2 -- Service Commercial Trip Generation - The service commercial trip rate was derived based on a careful review of the types of uses that are allowed within the service commercial zoning and the typical mix of uses that currently occur along the 1-15 corridor in Temecula. While the assumption that the entire site develops as regional shopping center type commercial (predominantly retail commercial) would probably yield the highest trip generation estimate, it does not appear to be realistic given the proximity to the Promenade Mall, adjacent Power Center; and Palm Plaza. Furthermore, this would not be typical of the variety of uses that currently occur along the 1-15 corridor. A mechanism (i.e., traffic mitigation monitoring program - refer to Mitigation Measure 5 of the EIR) is currently in place that will allow for the monitoring of traffic generation and off-site impacts as future phases of the project are proposed for development. Response A-3 Conflicts with Existing Truck Traffic - Due to the configuration of Equity Drive and County Center Drive, the layout of the Winchester Highlands Business Park, and how access is provided to Ynez Road, it would appear that most traffic and truck traffic uses will continue to use County Center Drive. While there may be a higher than typical number of trucks being generated specifically by the Channell Commercial business, the total number of trucks (up to 28 per day) in our opinion is not a volume of truck traffic that would present a safety concem for pedestrian activity at the park. The RAS P~Harvcsion SP~ChannelResp..doc primary parking area for the park will be on the park site (i.e., 100 space parking lot) thereby minimizing the potential for conflicts. Furthermore, much of the truck traffic will be occurring early in the morning and not during peak usage time of the park. With regard to the concerns about truck traffic being able to turn left onto Ynez Road from County Center Drive, Ynez Road has been designated a high capacity Major Roadway on the County and City of Temecula Circulation Element for over 15 years. As the City nears build-out, it is expected that significant volumffs of traffic will be using the Ynez Road corridor whether or not the Harveston Specific Plan Project is implemented. At some point in the future, it is likely that traffic volumes at this intersection will reach levels that warrant a traffic signal. The future traffic signal would facilitate the left turn movement that is of concern to Channell Commercial. In summary, the Planning Department feels the Draft EIR project was prepared pursuant to regulations of CEQA and meets the requirements therein. The Planning Commission will consider the proposed project on June 20, 2001. The project will subsequently be presented to the City Council for their consideration. If you have any additional questions or would like to discuss this matter further, please feel free to contact me. Sincerely, Dave Hogan Senior Planner Enclosure R:',S PXHaiweston SP',ChannelRcsp..d~c ATTACHMENT NO 18 MATERIAL AND LE'I-FERS CONCERNING SCHOOL IMPACT MITIGATION R:\S P~Har~eston Sl~City CounciI\STAFFRPT 8-14-01.doc 24 June 26, 2001 Ms. Patty Anders City of Temecula, Planning Department 43200 Business Park Drive Temecula, CA 92590 Subject: Harveston School Agreements Response to Planning Commission Meeting on June 20, 2001 Dear Ms. Anders: As you know, we have been touting the fact that Harveston will be providing improvements first, that is, facilities being built prior to pulling permits for the construction of Phase 1 homes. In addition to providing off-site and on-site street and park improvements, we are also absolutely committed to the continued expansion of Temecula's marvelous school program. In that context, we are pleased to respond to your phone call from the other day, and the questions posed by Commissioner Mathewson at the subject Planning Commission meeting. In October 1998, Lennar Communities executed a school fee mitigation agreement with the Temecula Valley Unified School District whereby Lennar committed to pay $16,545,500 in school fees. The total value of the fees was based on Lennar's proposed d~elopment program of-585 a~h~-d-fi-fi-d~-'filt~--i--f~--d~"611ing-~-~$662~ per unit, anct 1374 detached dwellings at $9213 per unit. The dwelling unit total included the 38 homesites previously developed on the east side of Margarita at Date Street. The school fee payments were further broken down into two groupings, those fees (50%) immediately payable at issuance of building permits, and those fees (50%) which were to be deferred in the event the district was unsuccessful in securing school construction funding from the state. The deferred :fees were then divided into elementary school, middle school and high school obligations. The agreement indicated that the elementary school fee would equal approximately 32.4% of the total deferred fee and be payable within 5 years of the first building permit; the middle school fee would equal approximately 27% of the total deferred fee and be payable within 6 years of the first building permit; and the high school fee would equal approximately 40.5% of the total deferred fee and be payable within 8 years of the first building permit. 24800 Chrisanta Drive, Mission Viejo, CA 9269'1 - [949] 598-8500 Page 2 June 26, 2001 Additionally, the 1998 agreement required Lennar to grant an option to the TVUSD to convey approximately I0 acres of land for the construction of an elementary school within the Harveston community. The district was required to make their decision to acquire the property prior to approval of the 450~h building permit. About a year 'after execution of the fee mitigation agreement, Lennar was approached by the TVUSD regarding conveyance of the elementary school parcel to the district. The district disclosed that they had an opportunity to secure state funding for an elementary school. They also indicated that they needed a 12 acre parcel of land, rather than 10, that they couldn't wait for the property to be entitled, that they needed a finished site, that they needed utilities and street access, and that they needed to be open for business by fall, 2001. The district further revealed that they would have to pay for the land through school fee credits granted to Lennar for the yet to be entitled Harveston project. On March 1, 2000 Lennar Communities executed a pumhase and sale agreement with TVUSD to convey a 12 acre finished graded school site to the district for the sales price of $1,795,000. Also, in cooperation with the City of Temecula, Lennar agreed to install road and utility improvements to the school parcel at an approximate cost of $2,000,000. These improvements were to be built at Lennar's risk, inasmuch as the property was not entitled. In October 2000, the district advised Lennar that TVUSD had secured state funding for construction of the elementary school, and that the obligation for the elementary school portion of the deferred school fee had been satisfied. As of this date, the school and Lennar's improvements are better than 90% completed, and this facility will be opening in late August. Lennar ha--'~-al~S-be-'~-~d4i~'gd'b-~ TVUSD-~h~ construction funding has been secured for the middle school and that Lennar's deferred middle school obligation has been satisfied. As of the date of this letter, the Harveston school obligations are as follows: Fee Residential Residential M/F M]F Total Category At Permit Deferred At Permit Deferred Obligated Elem. School $6,329,300 Satisfied $1,943,400 Satisfied $8,272,700 Middle School (Incl.) Satisfied (Incl.) Satisfied (Incl.) High School (Incl.) $2,563,400 (Incl.) $787,100 $3,350,500 Total $6,329,300 $2,563,400 $1,943,400 $787,100 $11,623,200 Page 3 June 26, 2001 Of our original $16,545,500 school fee obligation, Lennar is still required to pay $11,623,200. This includes $8,272,700 in fees payable at building permit; and in the unlikely event that the high school construction is not funded by the state, Harveston will be required to pay an additional deferred fee of $3,350,500. Also, keep in mind that Lennar is owed fee credits for the $1,795,000 property it conveyed to the district. It is anticipated that these credits will be cashed in during the first phase of Harveston construction. Ms Anders, if you have any questions about this, or if you require additional information, please do not hesitate to contact me. I have also copied Dave Gallaher, Director of Facilities Services at TVUSD, you may wish to contact him regarding our school agreements. Additionally, would you please pass this correspondence on to the Planning Commission, as mentioned earlier in this letter, Commissioner Mathewson had questions on this subject at the meeting of the 20th. Sincerely, Bill Storm Project Director Enclosures: TVUSD Satisfaction of Deferred Obligation for Elementary School Letter Dated October 12, 2000 TVUSD Satisfaction of Deferred Obligation for Middle School Letter CC: Dated August, 1 I, 2000 Ray Becket, Lennar Communities Dave Gallaher, TVUSD October 12, 2000 Dave Gallaher Director of Facilities Services Temecula Valley Unified School District 31350 Rancho Vista Road Temecula, CA 92592 TVUSD/Lennar Mitigation Agreement; · ...Satisfaction of Ele~nent S~I Deferred Fee Obligations Dear Dave: I am writing this letter to memorialize the fact that the Deferred Fee Obligations under Section 3(e) of the Agreement dated October 2, 1998 (the "Mitigation Agreement") between Lennar and the School District are now satisfied. To memorialize the satisfaction of the Elementary School Deferred Fee, please sign the enclosed copy of this letter and remm it to me for my files. Sincerely, / Bill~ Project Director Enclosure cc: Penny Alien, Allen & Company Tom May, Luce, Forward, Hamilton & Scripps Acknow~dged and agreed that the Elementary School Deferred Fees under Mitigation Agr. f, efnent Section 3(e) have been satisfied in full. . , /ME~IFIE~DOL DISTRICT ( By: / ~- ~ ,_.' · 24800 Chrisonto Drive, Mission Viejo. CA 9269'1 - [949] 598-8500 August 11, 2000 Dave Gallaher Director of Facilities Services Temecula Valley Unified School District 31350 Rancho Vista Road Temecula, CA 92592 R.Ei TVUSD/Lennar Mitigation Agreement; Satisfaction of Mid~dle School Deferred Fee Obligations Dear Dave: I am writing this letter to memorialize the fact that the Deferred Fee Obligations under Section 3(0 of the Agreement dated October 2, 1998 (the "Mitigation. Agreement") between Lennar and the School District are now satisfied. To memoffalize the satisfaction of the Middle School Deferred Fee, please sign the enclosed copy of this letter and return it to me for my files. Sincerely, -----_ Bill Storm Project Director Enclosure CCi Penny Alien, Allen & Company Tom May, Luce, Fonvard, Hamilton & Scripps Acknowledge~nd agreed that the Middle School Deferred Fees under Mitigation Agreernefi~ Section 3(0 have been satisfied in full. 24800 Chrisonto Drive. Mission Viejo. CA 92691 - [949] 598-8500 ATTACHMENT NO 19 MATERIALS AND LETFERS CONCERNING LAKE LIABILITY R:\S PXHarveston SP~City CounciI\STAFFRPT 8-14-01.doc 25 CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: City Councilmembers Planning Commissioners Patty Anders, Project Planner July 6, 2001 Additional Information on the Lake Access to the General Public and a Draft Copy of the Harveston Development Agreement. Attached is a memo from Herman Parker in response to the Planning Commission's inquiry regarding allowing the general public to have access to the lake and the possibility of obtaining insurance if the lake is opened to the public. The second item is a draft copy of the Harveston Development Agreement and the corresponding attachments. Please be aware that although it is a draft document, the Assistant City Attorney has indicated that this document represents a substantially completed document, approximately 96% complete. It is still, however, a work in progress to resolve the few remaining issues (approximately 4%) and therefore, additional changes may be made. Any changes will be communicated to you the night of the public hearing on July 12, 2001. CITY OF TEMECULA ADMINISTRATIVE SUPPORT GROUP MEMORANDUM TO: FROM: DATE: RE: Shawn D. Nelson, City Manager Gary Thornhill, Deputy City Manager Debbie Ubnoske, Planning Director City of Temecula Planning Commission Herman D. Parker, Director of Community Servic~ July 3, 2001 Lake Insurance Issues At the last Planning Commission meeting, staff was requested to investigate the feasibility of an insurance company providing coverage for a privately owned and operated lake facility, if the facility is open and accessible to the general public. Over the last few days I have contacted insurance companies that represent HOA owned and maintained lakes and lake park facilities similar to the facility proposed in the Harveston development. These sites include Lake Forest, Woodbridge in Irvine, Lake Mission Viejo, Sunnymead Ranch Lake in Moreno Valley, East Lake in Yorba Linda, Menifee Lakes Association and Rancho Santa Margarita Lake. Four (4) different insurance companies represent these HOA facilities. Marsh Insurance represents Lake Forest, Woodbridge and Mission Viejo. I spoke with agent Randy Hughes who informed me that all of these lakes are privately owned and maintained by the Homeowner's Associations. Some of ilitiee~:)ermitted -' '~"- s-the-greunds these-fac -thc ~ .....',c ccc-es -arcund t,",c ,_u_ ,..., none of them permitted the public to have access to the bodies of water itself. Mr. Hughes stated that although he felt it would be possible to find an insurance carrier to insure public access to a private lake, he felt the premiums would be high and could be cost prohibitive for the HOA. He knows of no HOA that has taken on that responsibility. LaBarre/Oksnee Insurance represents Sunnymead Ranch Lake and East Lake. Both of these facilities are privately owned and maintained by a HOA. The public is not allowed access to the lake, unless they are present as a guest of HOA members. Agent Scott Oksnee informed me his insurance company would not be willing to take on the additional liability of allowing the public to have access to the body of water. He also stated that it may be possible to obtain insurance, but the premiums may be fairly substantial. The premium for insurance carriers is based on exposure. The more exposure you have for accidents to occur, generally the higher the rate for the premiums. Once again, his company would not be willing to insure an HOA owned and maintained lake if the public had complete access to the facility. R:~ZIGLERG~MEMOS\Harveston Lake Insurance Issues.doc Tompkins & Company Insurance represents Menifee Lakes Association. Agent Martha Cook informed me that the facility is privately owned, maintained and operated by the HOA. The facility does not allow public access to the lake unless you are guest of a resident of the HOA. Ms. Cook emphatically stated that her company would not insure any lake that was open to the general public. My final contact was with Edward Jacobs & Company Insurance. Agent Marc Nelson informed me that his company provides the insurance coverage for the lake in the Rancho Santa Margarita development. Mr. Nelson stated that the Rancho Santa Margarita Lake does allow the public to use the grounds around the lake, however the public does not have access to the body of water itself, unless they enter the facility through the Lake Club as a guest of a resident. Mr. Nelson stated that his company would not be willing to provide insurance for a privately owned HOA lake facility if the general public had complete access to the facility. He went on to say that there may be a few companies out there that would be willing to provide this insurance, however he cautioned that the premiums might be excessive. In summary, it would appear from the companies that I have been able to contact that most HOA owned and maintained lake facilities do not allow the general public access to the body of water itself, however some do allow public access to the grounds around the lake. If public access were granted at these facilities, the premiums would be substantial. Staff feels that public access to a lake park and the surrounding grounds in the Harveston development would be a tremendous asset. The trail and open space will I:irovlde-the-public-t~ortunity-ofwvatkiflg-af~Jeggi~,-3 "'"~ ,.,k ...... ;,,,, recreation opportunities. 95% of the recreational uses that are provided by the Harveston lake facility are available to the public without access to the body of water itself. Such is the case for the Temecula Duck Pond, one of our premier City park facilities, which allows no access to the body of water and is still thoroughly enjoyed by the community on a daily basis. If you should have any questions, please do not hesitate to contact me. cc: City Council Phyllis Ruse Cathy McCarthy Patti Anders Saied Naaseh Dave Hogan R:~ZIGLERG\MEMOS\Harveston Lake Insurance Issues.doc ATTACHMENT NO 20 COMMUNITY MOBILITY ENHANCEMENT PLAN R:\S P~Harveston SP~City CounciI\STAFFRPT 8*14*01.doc 26 ATrACHMENT NO 20 COMMUNITY MOBILITY ENHANCEMENT PLAN R:~S PxHarveston SP~City COuociI~STAFFRPT 7-24-01.doc 30 Harveston Community Mobility Enhancement Plan (CMEP) This purpose of the Community Mobility Enhancement Plan (CMEP) is to provide a wide array of options for residents of Harveston to move within their Community, as well as the City of Temecula and other surrounding destinations. Focus has been placed on reducing dependency upon the automobile. The goal is to have a safe, efficient system that provides mobility for people of all ages. Enhanced mobility leads to more personal freedom and increased opportunities for social interaction. Potential options may include: a shuttle system, walking, hiking and jogging paths, bike lanes, ridesharing/carpools, vanpools, school pools, walking school buses, commuter services, appropriately situated land uses (employment and services nearby) and enhanced communications amongst the residents. Shuttle Loops (Private and/or Public) The Harveston Depot is located in the Village Center of the community. Convenient, safe and well- landscaped paths are provided for the residents to get to the Village Center. The Depot is envisioned to be a hub of activity within the community. · Potential shuttle destinations could include the following: · Promenade Mall. · Industrial area of City of Temecuta & Murrieta. · Adjacent employment areas. · Day Middle School. · Chaparral High School. · Temecula Sports Park/CRC. · Mt. San Jacinto College. · Senior Center/Old Town. · Post Office. · The Loop Road (transport residents to the school, village, lake/lake park and the Community Park). · City of Temecula Community Functions. - 4~JutyParade/Fi~wo,-ks. · Festival of Lights Parade (December). · Council & Commission meetings. · A special rate for passes should be considered for Harveston residents. · The coordination of resources will be beneficial to utilizing resources in the most efficient manner. The following agencies and programs should work in conjunction with each other: · Local programs: · RTA. · TVUSD. · Smart Shuttle. · Dial-a-ride. · Resoumesflunding soumes to be explored: · State of California. · Federal programs. · Private (non-project). · Private (project). · Local/regional. Specific Plan Figure 3.1 (Land Use Plan). This Plan has been designed with clustered units located in proximity to Harveston Lake/Lake Park and the Village Center. According to PTA, these densities create the "efficiencies" to support a shuttle system. Multiple paths and trails lead to the Harveston Depot in the Village Center. Specific Plan Figure Z 4 (Public Transit Plan). This Plan shows existing PTA routes and stops as well as routes and stops proposed within Harveston. PTA has indicated that the shuttle could serve the project initially at the Harveston Depot located in the Villager Center. This component can be marketed to potential buyers. · The program should be promoted with a regular marketing campaign. The mobility of Harveston residents should be made to be fun. In addition, the safety, reliability and convenience of the systems need to be stressed. The following should be encouraged: · Unique shuttle design. · Promotions. · Coupons/discount tickets. · Gifts. · Recognition events. A survey should be conducted when residents move in. Find out where they want to go, how often, etc. and provide the necessary shuttle services to meet their needs. Walkinq to School Harveston has been designed as a walkable community. Sidewalks, paseos and multi-purpose trails connect all portions of the project. These pathways are well landscaped and vehicular conflicts are reduced to provide safe and convenient mutes for walkers. Open-ended cul-de-sacs provide easy access to the Loop Road Paseo and remove potential obstacles to walkers. Pedestrian friendly short cuts are available throughout the project, including paths to the elementary school. Create programs to foster walking to the ama schools (Harveston Elementary School and Chaparral High School). · Explore the possibility to provide incentives for the walkers (i.e., tokens, trading cards, and gift certificates from local businesses). Work this into the school's athletic or fitness programs. · The model has been established: "Walking School Bus" features from "Street Reclaiming" by David Engwicht. · Create a safe walking environment. · Establish a volunteer program, which is coordinated by Harveston's Lifestyle Maintenance Organization (LMO), that schedules parents, elderly, etc. to chaperone the children to and from the elementaw school. · Coordinate with the TVUSD to make the crossing @ the Santa Gertrudis Creek safe for the students going to and from the high school. A crossing exists at the Margarita Road Bridge and there is an entrance from the Creek to the school site. Trails The mobility of Harveston residents will also be affected by the extent of the on-site and oft-site regional trails system. As these develop, the transportation options will be enhanced. Bike trail maps can be obtained on-line. Walking. · Walking path maps can be obtained on-line. · Use calming devices (i.e., signage) to encourage motorists to drive slowly in heavy pedestrian areas. 2 · Special Events. · Harveston Hiking Day. · Fund-raising walk-a-thons. · Trail clean-up day. · Specific Plan. · Figure 4.7: Bicycle Plan. This plan has been developed to provide bike lanes and paths within Harveston and ties into existing and planned bike lanes and paths. · Figure 6.1: Open Space and Recreation Plan. This plan illustrates the open space and recreation components of Harveston. Walking paths are abundant throughout the project and connect key open space and recreation components. · City-wide Trails Plan. This Plan is currently being developed. Harveston will serve as a point of origin and destination for those utilizing the City-wide system. Internet/Intranet This will foster communication between the Lifestyle Maintenance Organization (LMO) and the residents, as well as communication between the residents. Programs/Information that should be provided: · Carpooling/ridesharing Information, · Utilize the system to coordinate ridesharing efforts between the residents. Provide incentives for rideshadng. · Have a series of coordinators in the commun~y (similar to a block captain for neighborhood watch). Have the coordinators meet regularly to foster communications and brainstorm to make the system better. Vanpools may be coordinated at this time. · Have regularly scheduled social events where potential rideshare candidates can meet each other. Make these fun and festive events, · Have incentives/parties (perhaps Friday social hour) for those that rideshare 3 or more times within a week. · Schoolpooling Information. Similar to carpooling, but used for coordinating school-aged riders. Emphasis should be placed on trips to Day Middle School, Chaparral High School and Mt. San Jacinto College. · Bike · Provide. · Maps of bike routes. · Dates and locations for: · Maintenance clinics. · Bike safety clinics. · Bike club meetings. · Use incentives like those provided for carpool/rideshare. · Transit. · Utilize the GPS system that is being developed by RTA to make the shuttle system moro efficient to the user. Wire homes with bells or lights to announce that the shuttle will be at the station in 5 minutes. Have interactive kiosks at the transit station and on-line that provides schedules for the shuttle. · Bulletin Boards. These boards can be used for communication between Harveston residents and can be similar to the Community Bulletin Board on Adelphia (Channel 28) or that used at Ladera Ranch (www. laderaranch.com). The Bulletin Boards may identify services, social and employment opportunities, as well as other items that are located w'f[hin Harveston that could reduce vehicle trips to other portions of the City. · Potential applications include: · Clubs. · Organizations. · Babysitting. · Daycare (in-home), · In-home care. · Employment Oppodunities. · Excursions. · Phone numbers and e-mail addresses for businesses that offer home and office deliveries. The cost to the business can be minimal. They can include coupons/discounts on-line or revenue can be used for other subsidies or incentives. · Commuter Services to employment areas outside of Temecula (i.e., San Diego, Los Angeles). Much of this information can be included in a monthly newsletter provided by the LMO. Uses Within the Villaqe Center By encouraging and focusing marketing efforts on certain types of uses within the Village Center, City,vide mobility is enhanced by reducing trips outside of the project. Potential uses to be rigorously recruited include: · Contract Postal Units. · Cafes. · Day Care. · Religious institutions. · Senior Housing. · Other convenience uses that keep trips within the project. · Specific Plan Section 11.4.5 (Mixed Use Overlay Zone) Permitted/Conditionally Permitted Uses Matrix. Public Education The benefits of these programs need to be expressed and understood by the public. · Benefits include: · Improved mobilib/. · Transportation options. · Health benefits (exemise). · Air Quality benefits. · Increased time for parents (no need to drive everywhere). · Increased opportunities for social interaction. · Decreased costs for transportation. · Potential options for education include: · Community newsletter. · Bulletin Board. · Local newspaper interest stories. · Schools. · Harveston walk/shuttle days (w/incentives). · Smart grewth/livable communities example. A'I-rACHMENT NO 21 SUPPLEMENTAL INFORMATION HANDED OUT AT THE JULY 24, 2001 PUBLIC HEARING R:\S PXHarveston SP~City CounciI\STAFFRPT 8-14-01.doc 27 ATI'ACHMENT NO 21 SUPPLEMENTAL INFORMATION HANDED OUT AT THE JULY 24, 2001 PUBLIC HEARING R:\S P~Harveston SP~City CounciBSTAFFRPT 8-14-01.doc 27 I I ,J ozmm r-~ 3 AN EXCERPT FROM THE JUNE 20, 2001 PLANNING COMMISSION MEETING MINUTES REGARDING AGENDA ITEM NO. 3 (THE HARVESTON PROJECT) Plannin,q Application No. 99-0418- Harveston Specific Plan No. 13 Planning Application No. 99-0418 - Development Code Amendment Planninq Application No. 99-0418 - Specific Plan Zoninq Standards Planninq Application No. 00-0189 - Harveston Environmental Impact Report Planninq Application No. 99-0245 - Chan,qe of Zone Planninq Application No. 99-0446 - Development Aqreement Planninq Application No. 00-0295 - Tentative Tract Map No. 29639 Planninq Application No. 01-0030 - Tentative Tract Map No. 29928 Planninq Application No. 01-0031 - Tentative Tract Map No. 29929 Planninq Application No. 01-0032 - Tentative Tract Map No. 30088 Patty Anders, Associate Planner/Saied Naaseh, Proiect Planner V/Dave Hoqan, Senior Planner/Debbie Ubnoske, Director of Planninq. Continued from May 16, 2001 and June 6, 2001. RECOMMENDATION: 3.1 Adopt a Resolution entitled: PC RESOLUTION NO. 2001- A RESOLUTION OF THE PLANNING COMMISSION OF TIlE CITY OF TEMECULA, CALIFORNIA, RECOMMENDING CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE HARVESTON SPECIFIC PLAN AND RELATED ACTIONS AND RECOMMENDING ADOPTION OF THE ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE HARVESTON SPECIFIC PLAN, LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE CITY LIMIT (PLANNING APPLICATION 00-0189). 3,2 Adopt a resolution entitled: R:Excerpt~PCMinutes\06200 l~AgendaltemNo.3(Harveston) I PC RESOLUTION NO. 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE THE FOLLOWING: 1) GENERAL PLAN AMENDMENT FOR THE HARVESTON SPECIFIC PLAN (PLANNING APPLICATION NO. 00-0419); 2) THE HARVESTON SPECIFIC PLAN NO. 13 (PLANNING APPLICATION NO. 99-0418); 3) ADOPT AN ORDINANCE AUTHORIZING THE HARVESTON SPECIFIC PLAN ZONING STANDARDS (PLANNING APPLICATION NO. 99-0418); 4) ADOPT AN ORDINANCE AUTHORIZING A CHANGE OF ZONE TO AMEND THE OFFICIAL ZONING MAP OF THE CITY (PLANNING APPLICATION 99-0245); AND 5) ADOPT AN ORDINANCE AUTHORIZING A CODE AMENDMENT TO SECTION 17.16.070 OF THE TEMECULA MUNICIPAL CODE (PLANNING APPLICATION NO. 99~0418); ON PARCELS TOTALING APPROXIMATELY 550 ACRES LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 910-261-001, 910-261-002, 910-110-013, 910-110- 015, 910-110-020, 910-110-021, 910-110-027, 910-110- 076, 910-100-007, 910-100-008, 910-060-009, 910-120- 005, 910-120-007, 910-120-008, 911-630-001, 911-630- 002,- 911-630-003, 911-640-001,~911~640-002~-911-180- 002, 911-180-003, 911-180-004, 911-180-008, 911-180- 009, 911-180-015, 911-180-023, AN D 911-180-028; 3.3 Adopt a Resolution entitled: R:Excerpt',PCMinutes~062001~AgendaltemNo.3(Harveston) 2 PC RESOLUTION NO. 2001-__ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF PLANNING APPLICATION NO. 00-0295 - TENTATIVE TRACT MAP NO. 29639, THE SUBDIVISION OF APPROXIMATELY 550 ACRES INTO 91 LOTS WHICH CONFORM TO THE PLANNING AREAS, OPEN SPACE AREAS, SCHOOL AND PARK SITES OF THE HARVESTON SPECIFIC PLAN; PLANNING APPLICATION NO. 01-0030 -TENTATIVE TRACT MAP NO. 29928, THE SUBDIVISION OF APPROXIMATELY 40 ACRES INTO 140 RESIDENTIAL LOTS AND 21 OPEN SPACE LOTS IN PLANNING AREA 7 OF THE HARVESTON SPECIFIC PLAN; PLANNING APPLICATION NO. 01-0031 - TENTATIVE TRACT MAP NO. 29929, THE SUBDIVISION OF APPROXIMATELY 20 ACRES INTO 118 RESIDENTIAL LOTS AND 3 OPEN SPACE LOTS IN A PORTION OF PLANNING AREAS 3 AND 4 OF THE HARVESTON SPECIFIC PLAN; AND PLANNING APPLICATION NO. 01-0032 - TENTATIVE TRACT MAP NO. 30088, THE SUBDIVISION OF APPROXIMATELY 9.18 ACRES INTO 38 RESIDENTIAL LOTS AND 8 OPEN SPACE LOTS IN A PORTION OF PLANNING AREA 4 OF THE HARVESTON SPECIFIC PLAN LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE CITY LIMIT, AND KNOWN AS ASSESSOR PARCEL NOS. 910-261, -001,910-261- 002, 910-110-013, 910-110-015, 910-110-020, 910-110- 021, 910-110-027, 910-110-076, 910-100-007, 910-100- 008,_910-060-009,_910-120_-008,_ 911-630-_00_1, 911-630- 002, 911-630-003, 911-640-001, 911-640-002, 911-180- 002, 911-180-003, 911-180-004, 911-180-008, 911-180- 009, 911-180-01 $, 911-180-023 AN D 911-180-028. Noting the complexity involved with the matters associated with this project (i.e., issues related to the Conditions of Approval, and the Development Agreement) Assistant City Attorney Curley relayed that there were a few points yet to be resolved among the parties; advised that it has been requested that the Planning Commission commence this hearing, but take no final action regarding the applications, in order to allow staff and the applicant to continue efforts to resolve these matters; and in light of the Planning Commission's upcoming full agendas, queried whether the Commissioners would be available for a July 12, 2001 meeting scheduled solely for the purposed of addressing the Harveston project. In response, it was the consensus of the Planning Commission to take no final action regarding this item at this time, and to continue this matter to July 12, 2001. Addressing Commissioner Chiniaeff's queries regarding the Planning Commission's authority with respect to the Development Agreement (DA), Assistant City Attorney R:Excerpt',PCMinutes~O62001~AgendaltemNo.3(Harveston) 3 Curley noted that when the DA was presented to the Planning Commission in its substantial form, the Planning Commission could make recommendations, and that if there was a consensus, the comments would be forwarded to City Council with the DA document for their consideration. Staff Reports Presented Via overheads, Associate Planner Anders presented the project plan (of record), highlighting the specific location, the adjacent properties, and the twelve (12) planning areas within the 550-acre site with eight (8) different land use classifications (i.e., four residential classifications, service commercial, park, school, and a mixed use overlay zone); provided an overview of the lake, and the lake park which was proposed at the heart of the community, comprising approximately 17.3 acres; noted the 307 acres of residential land with a variety of densities, the mixed use overlay zone (which included a Village Green), the 16.5-acre community park, the 13.8 acre Arroyo Park, the 12-acre elementary school (which is under construction at this time), and approximately 112 acres of service commercial area; specified that there were two out parcels that were not under the ownership of Lennar Communities; with respect to densities, relayed that this project proposes 1621 attached, detached, and clustered residential units, as well as 300 multi- family units (apartments) for a total of 1,921 units; specified the four different residential planning areas, noting the variances within each area with the largest lots located in the Iow medium (LM)density area which proposed 3.5 dwelling units per acre, with a minimum lot size of 4,000 square feet, and an average lot size of 5,000 square feet, whereas the smallest lots would be located in the medium density (MD) -2 zone, advising that the overall project density would be 3.4 units per acre, and the overall residential density would be 6.3; with respect to the Village Center concept which allows a mixed use component, relayed the applicant's efforts to achieve a live/work/play opportunity, as well as a variety of uses (i.e., retail, restaurant, office, daycare, workshop, and a private clubhouse), specifying that this area would allow a maximum of 20,000 square feet of commercial\retail, and 15,000 square feet for the Village Club, and included an additional 1.8 acre Village Green (which is an outdoor amphitheater); noted that this center would be pedestrian-oriented in terms of site design, architecture, signage, and walkways, and was strategically Iobatedadjac~r~t to-the h~ggh densities-which would aid In-the-support of the commercial uses; with respect to the landscape plan which would provide 74 acres of open space/recreation area and comprised thirteen percent (13%) of the total acreage, noted the trails which would connect the service commercial area, the community park, the paseo, the lake park, through the Village Center, to the school, and to the exterior boundaries of the property, relaying the sidewalks located on both side of the loop road; noted that while the community park design was conceptual, the following elements would be included: four lighted baseball~softball fields, two full-size soccer field overlays, a large snack bar\restroom facility, and parking; relayed that the 13.8 acre Arroyo Park would be a re-creation of a riparian environment, planted with native California species; with respect to the architecture, specified that this particular Specific Plan has defined architectural forward elements requiring the homes to be built to these standards (i.e., 50% of the homes in the LM and the M-1 zoning classifications were required to be architecturally forward), noting the goal of the Specific Plan to have individual neighborhoods with their own design and character, comprised of no more than 50 homes, while maintaining continuity within the communities by linking the architecture, the landscaping, the colors, the walls, and the entry statements; provided an overview of the Environmental Impact Report (EIR) conducted for this site, noting that with respect to air quality, it was determined that a statement of overriding consideration was R:Excerpt~PCMinutes~062001~AgendalternNo.3(Harveston) 4 necessary; with respect to the two out parcels which are not owned by Lennar Communities, but are within the Specific Plan, noted that with the staff-initiated Zone Change and General Plan Amendment the parcels will have a land use designation and zoning of Low Medium (LM) Density residential, relaying that the 1.3-acre triangular portion will additionally be excluded from the Specific Plan due to its irregular shape and size, and will be re-zoned as Light Industrial (LI); and advised that the General Plan Amendment will reflect the Cherry Street alignment (per Caltrans' most recent direction). Presenting the details of the Development Agreement (DA), Project Planner Naaseh relayed following: that this document was the culmination of discussions between staff and the applicant, as well as input from the Subcommittee; that the two parties involved were Lennar Communities and Winchester Properties; that the term of the agreement would be ten years (with minor variances); that.via the DA, a new Community Facilities District (CFD) would be formed; that the applicant will receive Development Impact Fee (DIF) credits, and Transportation Uniform Mitigation Fee (TUMF) credits, and the City will receive improvements in exchange for these credits; that the shuttle program was included in the DA (with a contribution up to $300,000), as well as the applicant's contributions for Fire equipment (in the amount of $150,000); advised that the interchange right-of-way dedication was a critical component of this agreement, noting that at this time Caltrans is in the process of developing a Project Study Report (PSR), which when approved will reveal the alignment of the intemhange (which was expected to be approved in late 2001 ), clarifying that language has been added stating that if Caltrans has not approved this alignment by January of 2003, that the City Engineer will determine the alignment, and that prior to 2003 that there will be restrictions with respect to developing certain areas which may be used for the future alignment. For clarification, Assistant City Attorney Curley advised that since the DA document was a work in process at this point, that the final agreement may vary from the one presented at this time; and noted that the interchange issue would be addressed. Commissioner Chiniaeff recommended that there be a complete traffic circulation loop with Ynez Road going up to the Date Street area. In response, Deputy Director of Public Works P~rk~l~ifiL~-tha~Pth~ ~glfcnment of Data-Street and Ynez Road-am ~3ot determinable until the alignment of the interchange is known, noting that the City is working with Caltrans regarding the determination of this alignment, reiterating that it was expected to be approved by the latter part of this year. Continuing his presentation regarding the Development Agreement (DA), Project Planner Naaseh noted the acceleration of numerous improvements, relaying that while at eleven (11) intersections the project's impacts would be less than 100%, the applicant has agreed to provide 100% of those improvements at their cost; noted that four (4) intersections will be improved prior to the Issuance of Building Permits; and relayed that the applicant would additionally be improving Margarita Road. In response to Commissioner Mathewson, Project Planner Naaseh relayed that staff was of the opinion that waiting until January of 2003 was an ample timeframe for Caltrans to make a determination regarding the interchange, reiterating that if at that point no decision has been made, the City Engineer would make a determination, making a specific area available for the interchange. Providing additional information, Assistant City Attorney Curley relayed that Caltrans has jurisdiction over the freeway corridor, noting that the surrounding properties would not be contingent upon Caltrans' plans, relaying the R:Exce~pt\POMinutes\06200 l~AgendaltemNo.3(Harveston) 5 cooperative efforts of this applicant. Further commenting regarding this issue, Deputy Director of Public Works Parks relayed the efforts of staff and the applicant via the Development Agreement to restrict the development in this area until a determination is made by Caltrans, providing additional information regarding the process if Caltrans did not make a determination by 2003, and then opted to not utilize the right-of-way selected by the City Engineer; and relayed that there has been, and would be, continuing discussions with Caltrans regarding this issue. Concluding her presentation, Associate Planner Anders provided additional specifications regarding the tract maps, highlighting the densities, the lot sizes, the rear access of various lots with amhitectural forward designs, the variety of site layouts, the open-ended cul-de-sacs, and the open space areas; and provided information regarding the Community Management Enhancement Plan, noting the goal to encourage the public to utilize the Harveston shuttle system, and thereby further reduce traffic impacts. For Commissioner Chiniaeff, Project Planner Naaseh specified the DIF credits the applicant would be receiving. In response to Commissioners Chiniaeff and Mathewson, Development Services Administrator McCarthy relayed that the applicant would be receiving fifty percent (50%) Quimby credit for the mini-parks, and would receive no DIF credits for these particular elements, one hundred pement (100%) Quimby credit for the community park, one hundred percent (100%) credit for four (4) acres of the Winchester Creek Park, fifty pement (50%) credit for the lake park, fifty pement (50%) credit for the Village Club, and fifty pement (50%) credit for the Village Green. Applicant's Presentation Mr. Bill Storm, representing Lennar Communities, provided an overview of the 1.5 year planning process with the City, including the numerous workshops presented to the Planning Commission, and the various entities' review which have been involved during this course; noted that Mr. Ray Becker would provide a PowerPoint presentation, and subsequently the applicant's representatives would be available for questions v! the Planning Commission; advised that with this project would be a Lifestyle Management Organization (LMO) created to encourage a sense of community via various activities which was an important element due to Lennar Communities' goal to not just develop a project, but a community, and with this particular project, a community with diverse housing opportunities. Thanking staff for their efforts with respect to this project, Mr. Ray Becker, representing the applicant, provided a PowerPoint presentation, relaying the following information: The existing General Plan was compared to this particular proposal. The goal to create hometown character via a variety of architectural styles, neighborhood gathering places, open-ended cul-de-sacs, landscaped parkways, narrower streets, enhanced lighting and mailbox elements, and a Village Center core which was pedestrian-oriented. The proposed parkland and open space areas, providing a detailed overview of the lake, the outdoor amphitheater, the community park, the paseo park (which provided linkage), the loop road with extensive landscaping, and the Arroyo Park. R:ExcerpflPCMinutes~06200 l~AgendaltemNo,3(Harveston) 6 The requirements for managed growth that this project addresses, detailing the agreement with the Temecula Valley Unified School District (TVUSD), the plethora of improvements completed via the CFD totaling a cost to the applicant in the amount of $14.4 million, and the additional infrastructure improvements the applicant has agreed to complete which are included in the DA at an additional cost of $22 million. The connectivity elements implemented in an effort to create cohesiveness. Addressing the comments of staff, Mr. Becker clarified that with respect to the overall Tentative Tract Map which was referenced as a financing map, that this was a full Tentative Map; concurred with Assistant City Attorney Curley's comments, advising that with the staff's continued cooperation, the applicant and staff will be able to work together to resolve the few disagreements; and with respect to the CFD, clarified that the CFD would not be financing all of the off-site improvements. Public is Invited to Provide Comments The following individuals spoke in opposition to. the project: [3 Mr. Ed Burke r~ Mr. Mark Broderick 30944 Wellington Circle 45501 Clubhouse Drive The above-mentioned individuals were not in favor of the project for the following reasons: The impacts of the project (i.e., buffering, the access to the proposed park) with respect to the facility backing the project (Channell Commercial Corporation) with no resolution at this point in time. The proposed zoning changes. Concerns regarding the alignment of Ynez Road. The significant impact related to traffic cimulation, and air quality. The small lot sizes, and the high densities proposed. The General Plan use designation changes which circumvent the Growth Management Plan. The impact on water resoumes (i.e., the lake) in light of the shortages. Recommended that the interchange be constructed Prior to Occupancy. For Mr. Burke, Chairman Guerriero noted that the Planning Commission had receipt of his written correspondence. In response to Mr. Broderick's comments, Commissioner Mathewson clarified that the applicant was receiving no credits for the lake element. The following individuals spoke as proponents of the project: Mr. John Dedovesh Ms. Jennifer Thurmond Mr. Rodolfo Martinez Ms. Pamela Voit 39450 Long Ridge Drive 39811 Knollridge Drive 43714 Buckeye Road 43922 Carentau Drive R:Excerpt~PCMinutes\O62001~AgendaltemNo.3(Harveston) 7 The above-mentioned individuals were in favor of the project for the following reasons: ,' The project is well-planned and family-oriented, and would be beneficial to the City. ¢ The negative traffic impacts are primarily due to the impacts from the County development. ,' Delighted with the new school, the project concept with the pedestrian links which creates a sense of community and permanence, the lighted fields, the parks, the lake, and the innovative architecture. · , The need for diversity and growth, and the well-organized cultural activity enhancements which this plan addresses. ,' Commended the developer for going above and beyond the requirements. · , This project would bring new amenities to the City which will enhance the community. v The traffic solutions offered (i.e., transit opportunities). ¢ The LMO which was a wonderful concept aiding in fostering a sense of community. · , The commercial area which would address various needs of the project residents, thereby reducing traffic. Mr. Jim Miller, representing the City of Murrieta, clarified that he was not opposed to the project; relayed that he had distributed a letter with attached exhibits to the Planning Commission and staff, detailing the concerns of the City of Murrieta; with respect to the Cherry Street Interchange project, noted that per discussions with Caltrans, it appeared that an alignment determination would soon be decided, relaying that Caltrans desired a joint resolution between the Cities of Temecula and Murrieta, endorsing the alignment, which has not yet occurred; and due to the freeway improvements necessary to meet the projected growth, recommended that this project not be exempt from TUMF. At 8:28 P.M. the meeting recessed, reconvening at 8:37 P,M, Commission Closing Comments In light of the fact that this item was being continued, Commissioner Chiniaeff advised that he would postpone his comments until additional information was received. Noting that there were some minor issues regarding the Specific Plan that he desired to have addressed at the July 12, 2001 meeting, Commissioner Mathewson relayed the following; With respect to the overall density, recommended that the applicant consider revising the densities in the northern property area where currently that are two (2) M-1 designations, recommending that this are be modified to reflect LM designations. With respect to the out parcels and the 1.5 acre parcel, and the adjacent property owner's desire that this area not be a park area, but maintain an LM residential designation, recommended that there be consideration to incorporate this into the community park. With respect to the Quimby requirements, noted his satisfaction that the applicant has gone beyond the requirements, providing additional open space and recreational opportunities throughout the project. With respect to the lake use, acknowledged the liability concerns, recommending that there be consideration for the lake to be open to the public, requesting the Planning Commission for input. R:Excerpt~PCMinutes\06200 l~AgendaltemNo.3(Harveston) 8 In response, Chairman Guerriero relayed a desire for clarification regarding the rationale for the lake use not being open to the public. For the Planning Commission, Mr. Storm noted that at this point in time, there are no insurance carriers willing to insure the facility if it is publicly used, relaying that in researching this issue with respect to other lake uses, that there were no lakes allowing public use of the water surface area; provided additional information regarding staff's concerns regarding opening the lake use up to the public; and for Chairman Guerriero, clarified that the area surrounding the lake would be open to the public, and was conditioned as such. Addressing Commissioner Mathewson's queries, Mr. Becker advised that the applicant was making efforts to allow the public to fish on the lake, confirming that the Menifee Lake was restricted to HOA use only; provided additional information regarding the risks associated with public use, reiterating the research conducted regarding every community lake in southern California; clarified the difference from a liability perspective regarding granting the public use of the lake; and for Commissioner Chiniaeff, relayed that the lake would not be fenced. In response to the Planning Commission, Director of Community Services Parker noted that staff would provide additional information regarding the restrictions related to public use of the lake. Commissioner Chiniaeff noted that if a lake was to be publicly used, it would need to be a larger facility, advising that in his opinion, this particular lake should be exclusively utilized by the homeowners. Chairman Guerriero noted that if the lake was not open to the public, it would not meet the criteria qualifying as a public amenity. Continuing his comments, Commissioner Mathewson relayed the following; That he was enthusiastic with the project, noting concern regarding whether the proposal presented would actually be implemented into the project, recommending that the Design Guidelines, the Conditions of Approval, and the DA have standards that aid in ensuring that the presented concepts are actually developed. In response to Chairman Guerriero's queries regarding the landscape buffer along the 1- 15 freeway, referencing the agenda material Associate Planner Anders advised that this issue has been addressed, noting the requirement that the elevation facing the 1-15 freeway would be required to have equal architectural detail as the main elevation, clarifying that this view would not be compromised, additionally noting the 50-foot landscape setback requirements. For Commissioner Mathewson, Mr. Bob Davis, traffic engineer representing the applicant, provided additional information regarding the Institute of Traffic Engineer's (ITE's) recommended procedures, which indicated that the regression equation methodology be utilized due to the certain factors that exist, detailing the data points utilized; provided assurance, that in his opinion, the numbers used for this study were appropriate, noting that additional discounts have not been factored in for reduction for transit, or internal R:Exce~pt~PCMinutes\062001~AgendaltemNo.3(Harveston) 9 trips; and with respect to the rates utilized for the service commercial area, relayed the composite rate utilized which resulted in a slightly lower trip generation for the PM peaks, and provided a higher trip generation for the AM peaks. Concluding his comments, Commissioner Mathewson relayed the following: With respect to school funding for the expansion needs for James Day Middle School, and Chaparral High School, and the recent significant shortfall with respect to State funding, requested that the applicant provide additional information regarding these particular issues at the July 12th meeting. Director of Planning Ubnoske requested the Planning Commission to provide any additional questions to staff as soon as possible in order for the remarks to then be forwarded to the applicant, and so the issues could to be addressed at the July 12, 2001 meeting. In response to Director of Planning Ubnoske, Commissioners Chiniaeff and Guerriero relayed that it would be their desire that the applicant consider modifying the Design Guidelines, and include language in the Specific Plan in order to address enhancing the commemial area, in lieu of referring back to the Development Code standards. MOTION: Commissioner Chiniaeff moved to continue this item to the July 12th Planning · Commission meeting. Commissioner Mathewson seconded the motion and voice vote reflected unanimous approval. Chairman Guerriero relayed thanks to all the residents who expressed their comments regarding the project, additionally expressing gratitude to staff for a job well done with respect to this particular proposal. R:Excerpt~PCMinutes\062001~AgendaltemNo.3(Harveston) 10 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION JULY 12, 2001 CALL TO ORDER The City of Temecula Planning Commission convened in an adjourned regular meeting at 6:00 P.M., on Thursday July 12, 2001, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE The audience was led in the Flag salute by Commissioner Olhasso. ROLL CALL Present: Commissioners Chiniaeff, Mathewson, Olhasso, Telesio, and Chairman Guerriero. Absent: None. Also Present: Director of Planning Ubnoske, Assistant City Attorney Curley, Deputy Director of Public Works Parks, Senior Planner Hogan, Associate Planner Anders, and Minute Clerk Hansen. PUBLIC COMMENTS Councilman Naggar (City Council liason to the Planning Commission) extended congratulations to Commissioner Telesio for his recent reappointment to the Planning Commission; and welcomed Commissioner Olhasso, the newly appointed Commissioner, relaying that she would be a fine addition to the Planning Commission; and noted that his regularly quarterly meetings with the Planning Commission's Chairman and Vice Chairman would continue. CONSENT CALENDAR 1 Aqenda RECOMMENDATION: 1.1 Approve the Agenda of July 12, 2001 2 Minutes RECOMMENDATION: 2.1 Approve the Minutes of May 16, 2001 With respect to Consent Calendar Item No. 2 (the minutes of May 16, 2001), Commissioner Olhasso noted for the record that although she had not attended the May 16, 2001 Planning Commission meeting that she had reviewed the tape and would be taking action regarding the approval of the minutes. MOTION: Commissioner Chiniaeff moved to approve Consent Calendar Item Nos. 1-2. The motion was seconded by Commissioner Telesio and voice vote reflected approval with the exception of Chairman Guerriero who abstained from Item No. 2. COMMISSION BUSINESS PUBLIC HEARING ITEMS Planninq Application No. 00-0419 - Generat Plan Amendment for Harveston, Planninq Application No. 99-0418 - Harveston Specific Plan No. 13, Planning Application No. 99-0418 - Development Code Amendment, Planninq Application No. 99-0418 - Specific Plan Zoninq Standards, Planninq Application No. 00-0189 - Harveston Environmental Impact Report, Planning Application No. 99-0245 - Change of Zone, Planninq Application No. 99-0446 - Development Aqreement, Planning Application No. 00-0295 - Tentative Tract Map No. 29639, Plannin.q Application No. 01-0030 - Tentative Tract Map No. 29928, Planning Application No. 01-0031 - Tentative Tract Map No. 29929, Planninq Application No. 01-0032 - Tentative Tract Map No. 30088 - located east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern City limit. Patty Anders, Associate Planner/Saied Naaseh, Proiect Planner V/Dave Hoqan, Senior PlannedDebbie Ubnoske, Director of Planninq. RECOMMENDATION: 3.1 Adopt a Resolution entitled: PC RESOLUTION NO. 2001-024 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA, CALIFORNIA, RECOMMENDING CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE HARVESTON SPECIFIC PLAN AND RELATED ACTIONS AND RECOMMENDING ADOPTION OF THE ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE HARVESTON SPECIFIC PLAN, LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE CITY LIMIT (PLANNING APPLICATION 00- 0189). R P~anComr~Vrmnutes/071201 2 3.2 Adopt a resolution entitled: PC RESOLUTION NO. 2001-025 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE THE FOLLOWING: 1) GENERAL PLAN AMENDMENT FOR THE HARVESTON SPECIFIC PLAN (PLANNING APPLICATION NO. 00-0419); 2) THE HARVESTON SPECIFIC PLAN NO. 13 (PLANNING APPLICATION NO. 99-0418); 3) ADOPT AN ORDINANCE AUTHORIZING THE HARVESTON SPECIFIC PLAN ZONING STANDARDS (PLANNING APPLICATION NO. 99- 0418); 4) ADOPT AN ORDINANCE AUTHORIZING A CHANGE OF ZONE TO AMEND THE OFFICIAL ZONING MAP OF THE CITY (PLANNING APPLICATION 99-0245); 5) ADOPT AN ORDINANCE AUTHORIZING A CODE AMENDMENT TO SECTION 17.16.070 OF THE TEMECULA MUNICIPAL CODE (PLANNING APPLICATION NO. 99-0418); AND 6) ADOPT AN ORDINANCE AUTHORIZING THE HARVESTON DEVELOPMENT AGREEMENT FOR THE SERVICE COMMERCIAL AND RESIDENTIAL PORTIONS OF THE SPECIFIC PLAN (PLANNING APPLICATION NO. 00-0446); ON PARCELS TOTALING APPROXIMATELY 550 ACRES LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 910-261-001, 910-261-002 910-110-013, 910-110-015, 910-110-020, 910-110-027, 910-110-076, 910-100-007, 910-060-009, 910-120-005, 910-120-007, 911-630-001, 911-630-002, 911-630-003, 911-640-002, 911-180-002, 911-180-003, 911-180-008, 911-180-009, 911-180-015, AN D 911-180-028; 91 0-110-021 91 0-100-008 910-120-008 911-640-001 911-180-004 911-180-023 3.3 Adopt a Resolution entitled: PC RESOLUTION NO. 2001-026 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF PLANNING APPLICATION NO. 00-0295 - TENTATIVE TRACT MAP NO. 29639, THE SUBDIVISION OF APPROXIMATELY 550 ACRES INTO 91 LOTS WHICH CONFORM TO THE PLANNING AREAS, OPEN SPACE AREAS, SCHOOL AND PARK SITES OF THE HARVESTON SPECIFIC PLAN; PLANNING APPLICATION NO. 01-0030 - TENTATIVE TRACT MAP NO. 29928, THE SUBDIVISION OF APPROXIMATELY 40 ACRES INTO 140 RESIDENTIAL LOTS AND 21 OPEN SPACE LOTS IN PLANNING AREA 7 OF THE HARVESTON SPECIFIC PLAN; PLANNING APPLICATION NO. 01-0031 - TENTATIVE TRACT MAP NO. 29929, THE SUBDIVISION OF APPROXIMATELY 20 ACRES INTO 118 RESIDENTIAL LOTS AND 3 OPEN SPACE LOTS IN A PORTION OF PLANNING AREAS 3 AND 4 OF THE HARVESTON SPECIFIC PLAN; AND PLANNING APPLICATION NO. 01-0032 - TENTATIVE TRACT MAP NO. 30088, THE SUBDIVISION OF APPROXIMATELY 9.18 ACRES INTO 38 RESIDENTIAL LOTS AND 8 OPEN SPACE LOTS IN A PORTION OF PLANNING AREA 4 OF THE HARVESTON SPECIFIC PLAN LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE CITY LIMIT, AND KNOWN AS ASSESSOR PARCEL NOS. 910-261, - 001, 910-261-002 020, 910-110-021 007, 910-100-008 001, 911-630-002 002, 911-180-002 008, 911-180-009. 180-028. 910-110-013, 910-110-015, 910-110- 910-110-027, 910-110-076, 910-100- 910-060-009, 910-120-008, 911-630- 911-630-003, 911-640-001, 911-640- 911-180-003, 911-180-004, 911-180- 911-180-015, 911-180-023 AND 911- Staff Report Presented Due to the numerous workshops, the previous project presentation, and per the Planning Commission's request, Associate Planner Anders relayed that she would not be providing an additional presentation at tonight's hearing; specified the supplemental agenda material distributed to the Planning Commission for its consideration which was inclusive of the memorandums dated June 19, 2001, and July 12, 2001, and the Development Agreement (DA) in its substantial form, advising that Assistant City Attorney Curley could address any questions regarding the DA; and for the record, noted the two additional letters staff received regarding the project since the agenda packets were distributed, listed as follows: 1) a letter dated July 10, 2001 written by Mr. Mark Broderick, outlining his concerns regarding the project, and 2) a letter date July 12, 2001 written by Mr. And Mrs. John and Klm Kelliher, relaying their support of the project. R: PianComm#~nutesZ071201 4 Public is Invited to Provide Comments Noting the applicant's desire to address the Planning Commission after the public comment period, Chairman Guerriero opened the public hearing at this time, reiterating, for the record, the Planning Commission's receipt of two letters regarding the project (as referenced by Associate Planner Anders), written by Mr. Mark Broderick, and Mr. and Mrs. Kelliher. The following individuals spoke as proponents of the project: Mr. Mark Bailey Mr. David Rosenthal 44763 Calle Banuelos 27315 Jefferson Avenue The above-mentioned individuals were in favor of the project for the following reasons: The project will aid in addressing the sports needs for the youth of the community. The high quality of the project, desiring to see additional development with like- qualities. The positive impacts this project will have on the manufacturing community due to the vast range of housing types offered. The following individuals spoke in opposition to the project: Mr. Mark Broderick Mr. Chris Pedersen Mr. Joseph R. Terrazas 45501 Clubhouse Drive 31052 Wellington Circle P.O. Box 2289 The above-mentioned individuals were not in favor of the project for the following reasons: The significant impacts denoted in the EIR. The small lot sizes. The air quality, and traffic impacts. Recommended lowering the densities. Temecula is not an urban community. While pleased with numerous concepts included in the project plan, Ms. Michelle Anderson, 43797 Barletta Street, relayed her concerns regarding this particular proposal, listed as follows: traffic impacts, the high densities proposed, and school overcrowding. In response to Ms. Diane Gaynor, a representative of Lennar Communities, Chairman Guerriero confirmed that the Planning Commission had received the letter dated July 12th written by John and Klm Kelliher. R: PlanComrrVrninutesz07 t 201 5 Applicant Rebuttal Addressing the public comments, Mr. Ray Becker, representing the applicant, provided the following information: With respect to the issue of densities, noted that the overall project density of 1921 homes was in the middle range with respect to the General Plan, relaying the applicant's efforts to provide a wide range of home types; advised that within the project, density was controlled in various manners, noting that within each planning area there are minimum lot size, a minimum average lot size, and a maximum number of homes that can be built within each planning area, clarifying that if 2,000 square foot home sites were constructed in an individual planning area that the end result would be a large portion of green areas since there was a maximum number of home sites which could be built in each planning area; and reiterated the goal to accommodate a wide variety of housing needs, noting the design standards proposed which are far beyond the minimum City standards. With respect to traffic issues, advised that the analysis for this project included the evaluation of 39 intersections, and the impacts associated with this project; clarified that this project has proposed to take an approximate 5-year schedule of improvements and to expedite the plan and install these road improvements prior to the project's first building permit, noting that this particular proposal includes mitigation for twice the amount of traffic impacts than the project's fair share as determined in the EIR, relaying efforts to aid in solving a wide range of traffic problems; noted that at this point in time there are approximately $10.5 million of existing improvements that have been funded by this applicant. With respect to the school issues, provided information regarding the agreement reached between the Temecula Valley Unified School District (TVUSD) and Lennar Communities which guarantees to subsidize one hundred percent (100%) of the costs for all three schools for the Harveston students (elementary, middle, and high schools), clarifying the applicant's guarantee of all the mitigation costs for the Harveston students school needs if not provided via State funding. In response to queries regarding the School District, Mr. Dave Gallaher, representing TVUSD, provided the following information: With respect to the middle school, advised that this facility has already been built (James Day Middle School), and was located approximately 1.5 miles from the Harveston site; noted that the permanent facility was opened (in anticipation of the Harveston Project, and other projects) in August of 2000, noting the extra capacity at this school for the Harveston Project, and other projects; specified that the current population was approximately 1100 students with a capacity of approximately 1400 students; relayed that the Harveston Project would potentially generate approximately 342 middles school students; relayed that the Harveston Project was located closer to James Day Middle School than many of the neighborhoods sending students to this school, noting the current process of expanding other schools (i.e., Margarita Middle School is currently receiving a permanent expansion); provided additional information regarding the process of opening schools, and until the anticipated neighborhoods are built, the students are drawn from a larger areas since it is more efficient to run a school full, advising that the elementary school for Harveston will be completed in August 2001 and will be filled with students from other area (i.e., French Valley) to serve an interim solution until additional R: PlanComm/minute~071201 6 schools open; with respect to the high school for Harveston residents, relayed that Chaparral High School (which is located ~ mile from the Harveston site) will be the home school for this neighborhood, noting that the mitigation agreement recognized that all the students will not fit into Chaparral High School, ergo this applicant's high school mitigation payment will not actually go directty into Chaparral High School, but to other high schools so that the residents living further from Chaparral High School can attend their home schools which will create room for the Harveston students at Chaparral High School; advised that with the mitigation agreement associated with Harveston the School District will receive additional funds if the much needed high schools are not funded by [he State; and confirmed that Chaparral High School will be expanded due to the general growth in this area. With respect to the school fee mitigation agreement, noted that this agreement was entered in 1998, relaying that with the State monies received in anticipation of this development, and the remaining monies to be paid by Lennar Communities, that the sum total of this funding was the best mitigation received by the TVUSD from a development; clarified that the overall situation with the Harveston Project was beneficial to the School District, and that TVUSD had no objections to the Harveston Project; with respect to the School District's application for State funding, advised that it was always site specific, as well as project specific, noting the necessity to have a construction-ready project; and confirmed that the development school fee mitigation was not site specific, reiterating that those monies may be utilized to fund schools further away from the project in order to leave room for the project's students; specified that if the TVUSD does not receive State funding for a new high school, Lennar Communities will pay $11.6 million towards this project, whereas if there is State funding, Lennar would pay approximately $8.4 million. For clarification regarding the School District issues, Mr. Becker noted that if the District receives no State funds for the high school, Lennar will be obligated to pay one hundred percent (100%) of its fee, and not fifty percent (50%), relaying that if the State does provide funding to the District for the high school (even up to one hundred percent), Lennar's fee would drop to fifty percent (50%), but not lower, under any circumstances. With respect to the issue of small lot sizes, Mr. Becker relayed that at this time there were no plans for 2,000 square foot lots, as referenced during the public comment period, while noting that in the townhome area (if the total acreage was divided by the number of townhomes), these particular lots would be approximately 2,000 square feet; clarified that the zoning did permit single-family detached homes on 2,000 square foot lots, reiterating that within any planning area, the total number of units cannot be exceeded which would create additional green space if cluster homes were constructed; and noted that the 2,000 square foot lots were still available as an option. Regarding the school issues, Commissioner Olhasso provided additional information regarding her past experience while in Sacramento, noting that the State Legislature places caps (limits) on what School District's can charge per dwelling unit. Commission Deliberations Providing a brief history of the project site, Commissioner Chiniaeff noted that the variety of housing opportunities was desirable, providing for the needs of seniors, and other housing needs; opined that this project would provide an innovative development plan, additionally noting the open spaces, and the reserve area; with respect to the proposed R: PlanComm/mlnutes/071201 7 increase in density (over the minimum density in the General Plan) of 475 units, relayed that this increase was offset by the proposed amenities (i.e., the lake); with respect to the school issues, noted that in Eight of the School District's comments which clarified that this project has met its obligation, that this issue has been fully addressed; with respect to the interchange issue (i.e., at either Date Street, or Cherry Street), advised that ultimately this project would be constructed, noting that issues with Caldrons and the Federal Government needed to be resolved; with respect to Winchester Road, advised that the majority of the traffic impacts related to this area are primarily generated from traffic from the County, and ultimately from the future reservoir patrons; commended the applicant for addressing the signal projects prior to a single person moving into this development; and relayed that this particular proposal was a good project and that he was prepared to support it. While noting that he was enthusiastic regarding the proposed plans associated with this project presented to the Planning Commission from the onset, Commissioner Mathewson relayed his fear concerning whether the concepts presented to staff and the Planning Commission would be implemented ultimately, specifically in terms of the quality and the amenities; with respect to the proposed densities, advised that he considered the Growth Management Plan (GMP) a serious matter, and that it was his opinion that this project's proposed densities were offset with the numerous amenities offered (i.e., the architectural treatments, the funding of the first years of a shuttle service); concurred with previous comments regarding the benefits of the wide range of housing opportunities; with respect to the proposed streetscape design, opined that the open-ended cul-de-sacs, the trelliswork, the mailbox treatments, the decorative street lighting would be a tremendous asset to the City; with respect to the lake, recommended that to the extent possible efforts should be make to have this facility be opened to the public specifically for fishing, operating remote control boats, and utilizing the paddleboat rentals, recommending that the maintenance issues be overcome, and that if additional monies were needed to open the lake to the public, that this avenue be pursued; with respect to the Village Center, recommended that since there was such a limited amount of commercial retail that there were specific issues he would desire to address with the Commission in order to consider modifying some of the permitted uses; and advised that per additional discussions with staff, he was becoming more confident that the conceptual design plans would be reflected in the final product. Advising that he began living in Temecula twenty years ago, Commissioner Telesio noted the changes over the years, relaying the need at this point in time for a variety of housing types; with respect to this particular project, noted that he was pleased with the proposed diversity in housing, as well as the amenities; relayed that with respect to the use of the lake, that it was his opinion that this private use was part of the rights associated with individuals who opted to purchase a home in this development, clarifying that he could support exclusivity with respect to the lake use, advising that the community as a whole would still be benefited due to the visual appearance, and the access (i.e., to be able to walk, jog, or bicycle around it); and noted that he was concerned with respect to the design plans presented and the ultimate end product which will be actually constructed, recommending that product review be conducted at the Planning Commission level; and relayed his support of the project. In response to Commissioner Olhasso's queries, Deputy Director of Public Works Parks confirmed that the issue of the Winchester Road improvements being constructed prior to the first building permit was included in the Development Agreement. R: PianComm~minut es/071201 8 Acknowledging the time and effort expended investigating this complex project, Commissioner Olhasso commended the residents who spoke regarding this proposal', relaying appreciation for their expressed care for their community. Noting the growth in the City of Temecula over that last decade, Commissioner Olhasso resolved that the solution in her opinion was to raise the bar (i.e., standards), specifically with respect to design, and amenities (i.e., lakes, paseos, parks, and pedestrian-oriented elements); relayed that she was pleased with this particular project's pedestrian links, specifying that the paseos lead to the neighborhoods, and the parks; due to the problems in other developments with respect to following through with proposed amenities, concurred that product review should be conducted at the Planning Commission level to ensure that a quality project implemented; and advised that since financial issues were not within the scope of the Planning Commission approval process, it was her recommendation to the City Council that the CFD be closely scrutinized, that there be assurance that there was comfort (from a financial perspective) with respect to the appraisals, and that there not be a plethora of months of capitalized interest in the CFD upfront. Opining that this particular proposal was a Cadillac project for Temecula, Chairman Guerriero advised that it was vital that the design concepts presented be the actual standards implemented in the City of Temecula, concurring with the product review being held at the Planning Commission level; noted that this project has mitigated beyond the requirements, that the diverse housing elements were in accordance with the General Plan which would offer housing opportunities for all income levels (i.e., firefighters, teachers); recommended to the City Council that there be a policy change in order to incorporate the streetscapes proposed in this project (i.e., narrower streets separated with landscaped strips), noting that this element has been proven to reduce speeds, and encourage walking; and with respect to the applicant's willingness to provide a transit system, expressed kudos to the applicant, relaying hopes that when the citizens are offered this alternate means of transportation, it will be utilized. Related to the transit provisions, Assistant City Attorney Curley noted that there have been recent discussions regarding providing opportunities (for the same dollar amount) with a broader spectrum of use, clarifying that this provision may not ultimately entail capital equipment, but may fund the operational aspects of transit, noting the goal for this transportation component to be more effective for the community. MOTION: The motion was seconded by Commissioner Chiniaeff and voice vote reflected unanimous approval. COMMISSIONER'S REPORTS PLANNING DIRECTOR'S REPORT A. Director of Planning Ubnoske relayed that R: PlanComnYr~nutes/071201 9 ADJOURNMENT At 8:01 P.M. Chairman Guerriero formally adjourned this meeting to the next regular meeting to be held on Wednesday~ July 18~ 2001 at 6:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. Ron Guerriero, Chairman Debbie Ubnoske, Director of Planning R: PlanComrr~mlnutes/071201 10 ATFACHMENT NO 22 MEMORANDUM FROM THE CITY ATI'ORNEY R:\S P~l~rveston SP~City CounciI\STAFFRPT 8-14-01.doc 28 CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Jeff Comerchero Councilmembers William P. Curley III, Assistant City Attorney August 14, 2001 Harvest Entitlements; Recommendations regarding July 24, 2001 issues. At the July 24, 2001 public hearing for the Harveston project, several concerns were raised by the City Council and the public. The City staff has worked with the appropriate parties to development solutions to those issues. The following identifies the issue areas and the recommended response and/or solution. ' t. Concerns raised by the City of Murrieta In response to the issues presented to this City Council, City Manager Nelson established discussions with both Lennar and the City of Murrieta. These preliminary discussions set the stage for a meeting to resolve the issues. The City's representative included Mayor Comerchero, Councilmember Pratt, City Manager Nelson, Deputy City Manager Thornhill and other staff. The City of Murrieta representatives included Mayor Kelly Seyarto, Councilmember Van Haaster, City Manager Mandoki and other Murrieta staff. The development team was represented by Mr. Ray Becker and Mr. Steve Bieri. The several hour-long meeting was very productive, resulting in mutually crafted proposals which have been reviewed and approved by both the City of Murrieta and the Developer. These proposals are attached hereto as Attachment 1. The changes to the Development Agreement that are required to implement Items 1 and 3 are contained in Attachment 2. The remaining items are best implemented by means other than the Development Agreement. Staff has included Items 2 and 5 into the Specific Plan Resolution as Sections 4 and 5. The remaining Item 4, will be handled administratively pursuant to the Development Agreement. 2. Issues raised by Channel Engineering The City followed the lead of the developers' representation of consent to being conditioned so as to accommodate the Channel Engineering's requests. With the exception of the request for a presently issued variance, Proposed conditions of approval have been prepared and have been approved by all parties. The recommended conditions of approval are attached hereto as Attachment 3. 3. Public Use and Control of the Lake, Lake Park and Amphitheatre. Lennar and the City have had several discussions regarding the proposal to transfer the Lake, Lake Park and amphitheatre from private ownership to public ownership and use. The parties have identified a number of issues that require resolution. These issues are related primarily to design and operational factors. R:~S P\Harveston SP\City Council'~-Iarveston Entitlements 7-24-01-1st.doc 1 The City and Lennar have developed language that this City Council could insert in the Development Agreement to allow the project to advance while the issues are solved. The substitute language set forth on Attachment 4, would replace the existing section 4.9 in the Development Agreement. Development Agreement In addition to the issues addressed in parts 1 through 3 of this memorandum, the Development Agreement has been refined as regards to ensuring internal consistency and "type" correction. These matters are not substantive and did not alter any negotiated term or condition. The developer has agreed with these minor revisions. The remaining outstanding issue is the length of the term of the Development Agreement as applied to the Service-Commercial component. The owner has requested a fifteen (15) year term while staff has recommended a ten (10) year term to maintain consistency with prior Development Agreements, This office will be present at the August 14, 2001 City Council meeting if the City Council desires further information in regards to these issues. R:\S P~arveston SP~City CounciN-larveston Entitlements 7-24-01-lst.doc 2 ATTACHMENT NO. 1 HARVESTON DEVELOPMENT ISSUES R:\S P\Harveston SP~City Council~larveston Entitlements 7-24-01-1st.doc 3 ATTACHMENT 1 Harveston Development Issues - August 3, 2001 After meeting with several public officials fxom both the Cities of Murdeta and Temecula, the following issues were identified that if addressed by the City of Temecula and Lennar, representatives from the City of Murdeta would not be opposed to the development of the Harveston Project. The City has since met with Ray Becker from Lennar and has reached agreement on the issues subject to City Council approval. Lennar and Winchester Hills I agree to have the service commercial component of the project pay a commercial TUMF fee if adopted by the County at some future point within the term of the Development Agreement for all development entitled after the TUMF fee's adoption. Response: Lennar and Winchester Hills I is agreeable to this condition as long as if the commercial TUMF fee is adopted by the Board of Supervisors, that it is applied consistently throughout all commercial properties within the region. The City of Temecula pledge a sum equal to a minimum of 50% of the sales tax revenues generated from the 113 acre commercial property to improvements to the Cherry Interchange or the Date/Cherry corridor. Response: The City of Temecula will bring a recommendation forward to the City Council pledg/ng 50% of such sum for the Cherry Interchange or the Date/Cherry corridor. Lennar has conditionally agreed to pay the City of Murrieta $603,800 for improvements within their City boundaries. The City of Murrieta requested that this commitment be included in the Development Agreement. Response: The City of Temecula will include this language in the Development Agreement upon receipt of the agreement to be entered into between Lennar and City of Murrieta. ~ The City of Temecula will agree to transfer $1 million from the Development Agreement Improvements to be constructed by Lennar to the southbound hook off ramp project pursuant to the Development Agreement. Response: The City of Temecula will bring a recommendation forward to the City Council to transfer $1 million dollars from the Development Agreement Improvements to the southbound off-ramp project. The City of Murrieta requested that all subsequent traffic studies prepared as each phase of the Harveston Project develops be submitted to the City of Murdeta. Response: The City of Temecula is agreeable to this request. ATTACHMENT NO. 2 D.A. TUMF LANGUAGE R:\S P~l-larveston SP\City Council~-Iarveston Entitlements 7-24q31-1st.doc 4 ATTACHMENT 2 A) New Section 4.2.4.4; Application of TUMF fees to the Service Commercial component. 4.2.4.4 TUMF fees for the Winchester Property. Winchester or any successor shall pay any subsequently Riverside County adopted commercial TUMF fee consistent with terms and conditions of the adopted fee. Winchester shall not be required to pay any TUMF fees (i) retroactively in regards to any portion of the Winchester Property for which entitlements have been obtained prior to the effective date of the legislative action that establishes the TUMF fee or (ii) which are not equally applicable to similar commercially developed real property in the City of Murrieta or in unincorporated areas in the local region. B) City of Murrieta Full Share Funding. A new Section 4.12 is proposed to read as follows: The City acknowledges that Lennar and the City of Murrieta are to enter into an agreement wherein Lennar will fully fund, rather than fund only the fair share amount of $603,800.00 for off-site traffic improvements within the City of Murrieta as identified in the EIR. The City will use its best efforts to facilitate the timely negotiation and execution of the subject agreement so as to ensure this commitment is satisfied. R:~S P\Harveston SP\lcnnar.doc ATTACHMENT NO. 3 CONDITIONS OF APPROVAL R:\S P~arveston SP\City Council~Harveston Entitlements 7-24-01-1st.doc 5 RICHARDS, WATSON & GERSHON ATTACHMENT 3 CONDITIONS OF APPROVAL 1. If any portion of Ynez Road located between County Center Drive and Equity Drive is abandoned as a result of relocation of Ynez Road to accommodate the Harveston project, then Lennar, at its sole cost, shall remove or relocate, or cause the same to occur, the existing utilities and related easements, if any, out of the vacated right of way. 2. Lennar shall design and improve Equity Drive in a manner that both prohibits vehicular access and discourages pedestrian ingress and egress from the adjacent park except from the eastbound travel lane of Equity Drive. All aspects of the design and improvement shall conform to the standards imposed by the City of Temecula in regard to public streets. Further, the design shall provide for a setback between the Equity Drive right of way and the east side of the Channell Engineering facility that reflects a minimum ratio six to one (6:1) in relationship to the setback between Ynez Road and the front of Channell Engineering's facility. 3, Lennar, at its sole cost, shall design and improve Ynez Road to ensure that all driveways providing access from Ynez Road to and from Channell Engineering's facility allow for safe ingress and/or egress. Improvements may include, but not be limited to, track deceleration, acceleration and mm-in lanes. The improvements shall conform to the standards adopted by the City of Temecula for public roadway and rights of way. 4. Lennar, at its sole cost, shall fund the acquisition and installation of traffic signals and related roadway and right of way improvements, when warranted, at (i) the intersection of County Center Drive and Ynez Road and at (ii) the intersection of Equity Drive and Ynez Road. The design and installation shall conform to the standards imposed by the City of Temecula. 11086.0092/662401 ATTACHMENT NO. 4 REVISED DEVELOPMENT AGREEMENT LANGUAGE R:\S P\Harveston SP\City Council\Harveston Entitlements 7-24-01-1st,doc 6 ATTACHMENT 4 Proposed Draft (Revision 2) 4.9 (Probably should relocate to Section 4.3) Public Recreation Amenities. In accordance with the Specific Plan Lennar is required to design and construct a lake, lake park and amphitheatre for public and private use. These amenities are provided in addition to other required public and private recreation features required by the Specific Plan. City desires to obtain litle to the .... , ..... v ......... v ........... Lake, Lake Park and Am~hitheatre subsequent to the time the improvement of these amenities have been completed, for the purpose of allowing regulated use by the public. Lennar desires to convey fee title to the completed facilities to the City, subject to certain as yet unfinalized terms and conditions. City is willing to accept the.~,~,'~1'~ .~,~ ..... ~.,~- ,~.~,~'~ ,~..~,...,..~,.~-~;+~-~+~ dedication of the Lake. Lake Park and Amt~hitheatre so long as the final terms and conditions are acceptable. Lennar and the City shall, oia~r4efo~ .......................... ~, .......... prepare an execute an agreement that controls the r s; three-fac4tit~ and resvonsibilities of the Parties or their successors in interest with resvect to the Lake. Lake Park and Amvhitheatre. The agreement shall address incorporate the following terms and conditions: 4.9.1 Lake 4.9.1.1 Design. Lennar, at its own cost shall design the ~ Lake, including necessary access ways and pipelines, easement and collateral structures consistent with the requirements of the Specific Plan. City shall have the right to participate in the design process, including the review and the City C,q"~nc~! approval of the final lake design. Lennar, at its sole cost, shall mak~e its Lake consultant available to the City an~d cause the take bak_ e and appurtenances to be constructed pursuant to all requirements of law. 4.9.1.2 Maintenance and Operation. The agreement shall provide: a. for an allocation of funding res~vonsibilities for the ongoing maintenance and operation of the !a!ce Lake on a fifty percent share basis between the City and Lennar or its HOA, including a consideration of various vublic finance mechanisms annlicable to Harveston. for the Lennar/HOA share; b. that the City shall exclusively conduct or cause to be conducted all elements of maintenance of the water and the subsurface area of the ~ Lake. usina wher~e reouired oualified nrofessionals and consult with Lennar reeardin~ maintenance issues: c. that Lennar or its HOA shall exclusively maintain and manage the !~dce Lak~e concession use, as the same is agreed to by Lennar and City; Lennar/Harveston 24531-9 - 1664561.1 I d. foyer roles and regulations regarding the use of the surface and waters of the ~ Lake includine those affectine hours of ot~eration, safety. ¢rioritv of com¢etine users and roles designed to address the imoact of the recreational facilities ut~on adjacent land uses: approaches to minimizine the need to develoo additional ~arkine within Harveston which may adversely affects develoCment of housine or commercial areas, such as the use of Smart Shuttles. consideration of revised bus routes with RTA and use of other areas owned bv the City or other entities for event varking; _f. contingency provisions responding to water shortages, cessation of use geo-technical risk occurrences and lake Lake site reuse. 4.9.2 Lake Park 4.9.2.1 Design. Lennar at its own sole cost shall design the Lake Park, including all necessary access ways, easements and appurtenances consistent with the requirements of the Specific Plan. City shall have the rieht to oartici¢ate in the Lake Park desien orocess. Upon Lennar/l-larveston 24531-9- 1664561.1 2 C~ty ........ ~ Lennar shall, at its own sole ~ approval of the p!a~g design by the ' '~ ..... ;~ cost, construct the lakc ~ar!c Lake Park pursuant to such approved plan. 4.9.2.2 Maintenance and Operation. The agreement shall provide: a. fo~r an allocation of one hundred percent (100%) funding resnonsibilities for the maintenance and operation of the lahe-pa~ Lake Park by Lennar or its HOA. includin~ a consideration of various public finance mechanisms applicable to Harveston. for the Lennar/HOA share; b. that the City shall exclusively conduct or cause to be conducted all elements of maintenance; c. fo~r rules and regulations regarding the use of the Lake Park including those affectine hours of operation, safety, priority of comvetine users and rules desiened to address the impact of the recreational facilities upon adjacent land uses ..... v .... Lennar/Harveston 24531-9 - 1664561.1 3 4.9.3 Amphitheater 4.9.3.1 Design. Lennar, at its sole cost shall design the amphi0aea~ Amphitheater, including all necessary access ways, easements and appurtenances consistent with the requirements of the Specific Plan. Upon City's review and approval of the plans by the City Council Lennar shall, at its own sole cost, construct the ampt,klhea~ Amphitheater pursuant to such approved plan. 4.9.3.2 Maintenance and Operation. The agreement shall provide: a. an allocation of one hundred percent (100%) funding resnonsibilities for the maintenance and operation of the ~ Amohitheater by Lennar or its HOA. includine a consideration of various public finance mechanisms anolicable to Harveston for the Lermar/HOA share; b. that the City shall exclusively conduct or cause to be conducted all elements of maintenance; c. for roles and regulations regarding the use of the ~;'~'~'~ Amphitheatre includine those affectinu hours of oueration, safety, urioritv of comuetinu users and rules desiuned to address the impact of the recreational facilities upon adjacent land uses. 4.9.4 Conveyance. a. the timing of the conveyance of fee title to the amphithea~ Lake. Lake Park and Amphitheatre vropertv to the City; b. the responsibilities of each of Lennar and City as regards indemnification, insurance and risk management issues, (joint, several, third party) arising from amphithea~ ~:~ the Lake. Lake Park and Amohitheatre desiens, construction, fundine and usage activities; c. the condition of title to the amphittaeat~ Lake. Lake Park and _Amphitheatre property; d. related grants, interests, conveyances, licenses and entitlements necessary for the ~':*~'~+~ ~v ......... Lake, Lake Park and Amphitheatre. 4.9.5 General Provisions. The agreement shall identify the remedies available to each respective party which respond to th~e risks identified in the agreement and other eeneral normal and customary contract provisions. Lennar/Harveston 24531-9- 1664561.1 4 ITEM 18 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY OF TEMECULA AGENDA REPORT City ManagedCity Council Gary Thornhill, Deputy City Manage~'~'~- August 14, 2001 Planning Application No. 01-0121 (5th One-Year Extension of Time-Appeal) Tentative Tract Map 23209, located east of the intersection of La Serena Way and Walcott Lane along Butterfield Stage Road. PREPARED BY: RECOMMENDATION: Rick Rush, Project Planner In a letter dated August 6, 2001 the applicant Won S. Yoo has requested that his appeal of Condition of Approval #33 be withdrawn. The letter, which was faxed to Deputy City Manager Thornhill, was received after the Public Hearing notifications were mailed out and posted. ATTACHMENT: Letter of Withdrawal Ruc 06 O1 04:S3p RRNPRC 909-684-8413 ................ CALLOWAY 2-20, LLC August 6, 2001 VIA FAX 694-6400 Mr. Gary Thomhill Deputy City Manager City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Re: TRACT 23209 - WITHDRAWAL OF APPEAL OF PLANNING COMMISSION'S DECISION Dear Gary: In light of the agreement we made with the Public Works Department of the City of Temecula, we hereby withdraw our appeal of the decision of the Planning Commission regarding the timing of Condition of Approval #33 for Tract 23209. Very truly yours, CALLOWA Y 220, LLC Won S. Yoo Managing Member cc: Ronald Parks, Deputy Director of Public Works (Fax 694-6475) 27431 Enterprise Circle West Temecula, CA 92590-4833 Phone: (909) 676-7000 Fax: (909) 694-8413 ITEM 19 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FINANC/I~,~.. CITY MANAGER //,/~// CITY OF TEMECULA AGENDA REPORT City Manager/City Council William G. Hughes, Director of Public Works/City Engineer August 14, 2001 Ordinance 2001- Prima Facie Speed Limit on Cedain Streets PREPARED BY:(~-'~Ali Moghadam, Senior Engineer - Traffic RECOMMENDATION: That the City Council 1. Introduce and read by title only: ORDINANCE 2001- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ADDING SECTION 10.44.010 TO THE TEMECULA MUNICIPAL CODE DESIGNATING HONORS DRIVE FROM MARGARITA ROAD TO TEE DRIVE AND TEMEKU DRIVE FROM TEE DRIVE TO LA SERENA WAY AS ROADS ON WHICH GOLF CARTS ARE PERMITTED PURSUANT TO VEHICLE CODE SECTION 21115 AND SETTING THE SPEED LIMIT THEREON Adopt an Urgency Ordinance entitled: ORDINANCE 2001- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTION 10.44.010 TO THE TEMECULA MUNICIPAL CODE DESIGNATING HONORS DRIVE . FROM MARGARITA ROAD TO TEE DRIVE AND TEMEKU DRIVE FROM TEE DRIVE TO LA SERENA WAY AS ROADS ON WHICH GOLF CARTS ARE PERMITTED PURSUANT TO THE VEHICLE CODE SECTION 21115 AND SETTING THE SPEED LIMIT THEREON BACKGROUND: At the meeting of February 22, 2001, the Public/Traffic Safety Commission received a request to review the feasibility of implementing Neighborhood Traffic Calming measures on Temeku Drive to mitigate vehicular volumes and speeds caused by cut-through traffic. The Commission was advised that the majority of vehicles traveled in excess of the 30 MPH posted speed limit. Staff responded that the existing posted speed limit was arbitrarily established by the developer without an Engineering and Traffic Survey to support the speed limit as required in the California Vehicle Code (CVC). I r;~agdrpt~2001 ~0814\temekuSPDLIMIT.ord A survey of vehicular speeds and volumes was conducted in January 2001, along Temeku Ddve to determine vehicular patterns prior to the opening of Meadows Parkway. Following the opening of Meadows Parkway a survey of vehicular volumes was performed at the same locations during the same consecutive seven-day period. In addition to the volume data collected a radar speed survey was conducted on Temeku Drive and Honors Drive. The results of the analysis were presented to the Public/Traffic Safety Commission at their meeting of April 26, 2001 (Exhibit "AW). Following a public hearing and lengthy discussion, the Public/Traffic Safety Commission recommended that the City Council adopt an Ordinance establishing a 35 MPH speed zone on Temeku Drive and Honors Drive and that the Police Department enforce the newly established speed limit including the use of the radar speed trai~er. A concern was raised at the Commission meeting that because of the designation under CVC Section 21115, the proposed speed limit of 35 MPH was unreasonable and illegal and that Temeku Drive and Honors Drive should be posted at 25 MPH as prescribed in CVC Section 21716, "Golf Cart Operation". The City Attorney has addressed this issue in a letter to the City Council dated July 19, 2001, which is attached as Exhibit "B". In April 2001, an Engineering and Traffic Surveywas performed on Honors Ddve and Temeku Ddve. An Engineering and Traffic Survey as described in the CVC, is a survey of the prevailing speeds, accident records and roadway conditions not readily apparent to the motorist. Based on the results of the Engineering and Traffic Survey, staff determined that a posted speed limit of 35 MPH could be supported on Honors Drive/Temeku Drive between Margarita Road and Royal Birkdale and a posted speed limit of 40 MPH could be supported on Temeku Drive between Royal Birkdale and La Serena Way. However, because of the golf cart designation, a 5 MPH reduction was recommended on Temeku Drive between Royal Birkdale and La Serena Way. Therefore, Staff recommends the establishment of a 35 MPH speed zone on Honors Drive between Margarita Road and Tee Drive and on Temeku Drive between Tee Drive and La Serena Way. Although a speed limit of 35 MPH is the staff recommendation, it should be noted that the City Council would have the authority to set the speed limit at 25 MPH as noted in the City Attorney's letter. This would require adopting the rules and regulations as noted in the letter. FISCAL IMPACT: Funds are available in Public Works Signing and Striping Account. ATTACHMENTS: 2. 3. 4. Ordinance 2001- Urgency Ordinance 2001- Exhibit "A" - Public/Traffic Safety Commission Agenda Report & Minutes - April 26, 2001 Exhibit "B", City Attorney's Letter of July 19, 2001 2 r:~agdrpt~001\0814~temekuSPDLIMIT.ord ORDINANCE NO. 2001- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTION 10.44.010 TO THE TEMECULA MUNICIPAL CODE DESIGNATING HONORS DRIVE FROM MARGARITA ROAD TO TEE DRIVE AND TEMEKU DRIVE FROM TEE DRIVE TO LA SERENA WAY AS ROADS ON WHICH GOLF CARTS ARE PERMITTED PURSUANT TO VEHICLE CODE SECTION 21115 AND SETTING THE SPEED LIMIT THEREON THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Code to read as follows: Section 10.44.010 is hereby added to the Temecula Municipal "Chapter 10.44 Streets Designated for Joint Use of Golf Carts and Vehicles "Section '10.44.0t0. Honors Drive and Temeku Drive "A. The City Council of the City of Temecula does hereby find, determine and declare that: (1) Honors Drive from Margarita Road to Tee Drive and Temeku Drive from Tee Drive to La Serena Way are streets within the jurisdiction of the City of Temecula and, for the purposes of this Section, shall be collectively referred to as the "Street." (2) The Street is located adjacent to and provides access to the Temeku Hills Golf course. Further, the Street is located between the golf course and the place where golf cads are parked or stored. The Street is within one mile of the golf course. (3) The Street is within and bounded in pad by a real estate development offering golf facilities. (4) The Street is designed and constructed so as to safely permit the use of regular vehicular traffic and also the driving of golf carts on the Street. "B, Pursuant to the authority of Vehicle Code Section 21115 the City Council of the City of Temecula hereby designates the Street as a street for the combined use of vehicles and golf cads. "C. Pursuant to the authority of Vehicle Code Section 21115, the following rules and regulations are hereby enacted for the use of vehicles and the use of golf carts on the Street. it shall be unlawful for a vehicle or golf cad to be operated in violation of the following rules and regulations, which shall have the force of law: R:~Agdrpt~2001\0814\Terneku Ordinance (1) A white line of six inches in width shall be painted on the Street at a distance of foudeen (14) feet from the centerline of the street so as to designate an area for vehicular traffic and a separate area for golf cad traffic. (2) Vehicles shall travel in the designated foudeen (14) foot travel lanes closest to the centerline and shall not travel in the area designated for golf cads unless necessary for an emergency. (3) Golf cads shall travel in the designated eight (8) foot lane between the white line and the edge of the roadway. Golf cads shall not travel in the vehicular lane. (4) The posted speed limit for vehicles traveling on the Street shall be 35 miles per hour. (5) The speed limit for golf cads traveling on the podion of the street designated for golf cads shall be 25 miles per hour. (6) Golf cad crossings shall be permitted across the Street at the locations designated in Exhibit "A", attached hereto and incorporated herein as though set fodh in full. (7) Golf cad crossings shall conform to the plans and the signage requirements set fodh in Exhibit "B', attached hereto and incorporated herein as though set fodh in full. If a golf cad is operated on the Street during darkness, the golf cad shall be subject to the provisions of Vehicle Code Section 24001.5 regarding equipment. Section 2. The designation, and the rules and regulations described in Section 1 shall become effective upon the posting of signage on the Street which gives notice of the speed limit and the rules and regulations governing operation of vehicles and golf cads. Section 3, If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Section 4, The City Clerk of the City of Temecula shall cedify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED AND ADOPTED this 14th day of August, 2001. ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC, City Clerk R:~Agd rpt~2001\0814\Temeku Ordinance STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 01 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 14~hday of August, 2001, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the August 28th day of August, 2001 by the following vote, to wit: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNClLMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: SUSAN W. JONES, CMC, CITY CLERK APPROVED AS TO FORM: Peter M. Thorson, City Attorney R:~Agdrpt~2001\0814\Temeku Ordinance .3- ORDINANCE NO. 2001- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTION 10.44.010 TO THE TEMECULA MUNICIPAL CODE DESIGNATING HONORS DRIVE FROM MARGARITA ROAD TO TEE DRIVE AND TEMEKU DRIVE FROM TEE DRIVE TO LA SERENA WAY AS ROADS ON WHICH GOLF CARTS ARE PERMITTED PURSUANT TO VEHICLE CODE SECTION 21115 AND SETTING THE SPEED LIMIT THEREON THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Code to read as follows: Section 10.44.010 is hereby added to the Temecula Municipal "Chapter 10.44 Streets Designated for Joint Use of Golf Carts and Vehicles "Section 10.44.010. Honors Drive and Temeku Drive "A. The City Council of the City of Temecula does hereby find, determine and declare that: (1) Honors Drive from Margarita Road to Tee Drive and Temeku Drive from Tee Drive to La Serena Way are streets within the jurisdiction of the City of Temecula and, for the purposes of this Section, shall be collectively referred to as the "Street." (2) The Street is located adjacent to and provides access to the Temeku Hills Golf course. Further, the Street is located between the golf course and the place where golf carts are parked or stored. The Street is within one mile of the golf course. (3) The Street is within and bounded in part by a real estate development offering golf facilities. (4) The Street is designed and constructed so as to safely permit the use of regular vehicular traffic and also the driving of golf carts on the Street. "B. Pursuant to the authority of Vehicle Code Section 21115 the City Council of the City of Temecuia hereby designates the Street as a street for the combined use of vehicles and golf carts. "C. Pursuant to the authority of Vehicle Code Section 21115, the following rules and regulations are hereby enacted for the use of vehicles and the use of golf carts on the Street. It shall be unlawful for a vehicle or golf cart to be operated in violation of the following rules and regulations, which shall have the force of law: (1) A white line of six inches in width shall be painted on the Street at a distance of fourteen (14) feet from the centerline of the street so as to designate an area for vehicular traffic and a separate area for golf cart traffic. R:\agdrpt~2001\0814\Temeku Urgency Ord (2) Vehicles shall travel in the designated fourteen (14) foot travel lanes closest to the centerline and shall not travel in the area designated for golf carts unless necessary for an emergency. (3) Golf carts shall travel in the designated eight (8) foot lane between the white line and the edge of the roadway. Golf carts shall not travel in the vehicular lane. (4) The posted speed limit for vehicles traveling on the Street shall be 35 miles per hour. (5) The speed limit for golf carts traveling on the portion of the street designated for golf cads shall be 25 miles per hour. (6) Golf cart crossings shall be permitted across the Street at the locations designated in Exhibit "A", attached hereto and incorporated herein as though set forth in full. (7) Golf cart crossings shall conform to the plans and the signage requirements set forth in Exhibit "B", attached hereto and incorporated herein as though set forth in full. If a golf cart is operated on the Street during darkness, the golf cart shall be subject to the provisions of Vehicle Code Section 24001.5 regarding equipment. Section 2, The designation, and the rules and regulations described in Section 1 shall become effective upon the posting of signage on the Street which gives notice of the speed limit and the rules and regulations governing operation of vehicles and golf carts. Section 3. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining previsions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Section 4, This ordinance is adopted as an urgency ordinance pursuant to the provisions of Government Code Sections 36934 and 36937 and shall be effective immediately upon its adoption. The City Council hereby finds and determines that it is necessary to clarify the status of Honors Drive from Margarita Road to Tee Drive and Temeku Drive from Tee Drive to La Serena Way as to whether golf carts are permitted to use the Street and necessary to determine the appropriate rules and regulations governing the joint use of the Street by vehicles and golf carts. The rules and regulations provide for safety features designed to minimize the potential conflicts between vehicle use and golf cart use so that it must be implemented immediately. Therefore, the City Council finds and determines that the adoption of this ordinance as an urgency ordinance is necessary for the immediate preservation of the public peace, health or safety pursuant to the requirements of Government Code Sections 36934 and 36937. Section 5. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted in the manner required by law. R:\agdrpt\2001\0814\Temeku Urgency Ord .2. PASSED, APPROVED AND ADOPTED this 14th day of August, 2001. ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2001- was duly adopted and passed as an urgency ordinance at a regular meeting of the City Council on the 14th day of August, 2001 by the following vote, to wit: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: SUSAN W. JONES, CMC, CITY CLERK APPROVED AS TO FORM: Peter M. Thorson, City Attorney R:\agdrpt~2001\0814\Temeku Urgency Ord .3. 14,7 aC 100 DU MH 16.0 ac 82 DU 66.1 ac 356 DU NAP H MH 15.2 ac 14.6 ac 175 DU 43.2 ac, 40.1 ac 198DU nc. ho MH 29.3 ac .181 DU Ordinance No. 01- - Exhibit "A" Proposed Golf Cart Crossings POSTED SPEEDt MIN"X5 30 MPH 250F.~ IFT 35 MPH 300 FT 40 MPH 350 TYPICAL CROSSING LAYOUT PLAN VIEW J¢ CROSSING · WARNING SIGN STOP SIGN R1 18' x 18' ~,~ T E)NIX ~./ GOLE CART PATHWAY GOLF CART CROSSING  "~ WARNING SIGN "X' FEET ~ SIDEWALK ~/_~ CURB 8' 32' 8' ' X C) MIN 10 " .......... FEET ~:. ~'; 8" WHITE D~HED LINE ~ ~ CENTER ON CURB CUT STOP SIGN GOLF CART CROSSING WARNING SIGN ROADWAY SIDEWALK 4.5 FT XING 6.5 FT M[N Ordinance No. 01- - Exhibit "B" Golf Cart Crossing Signing and Markings EXHIBIT "A" TO: FROM: DATE: SUBJECT: AGENDA REPORT Public/Traffic Safety Commission Ali Moghadam, P.E., Senior Engineer, Traffic April 26, 2001 Item 4 Request for Neighborhood Traffic Calming - Temeku Drive RECOMMENDATION: That the Public/Traffic Safety Commission: 1. Recommend that the City Council adopt an Ordinance establishing speed zones on Temelm Drive and Honors Drive; 2. Direct the Police Department to enforce the newly established speed limit including use of the radar speed trailer. BACKGROUND: At the meeting of February 22, 2001, the Public/Traffic Safety Commission received a request from Mr. Mark Wedel to review the feasibility of implementing Neighborhood Traffic Calming measures on Temeku Drive to mitigate vehicular volumes and speeds caused by cut-through traffic. Subsequently, Mr. Wedel met with staff and Chairperson Edwards to reiterate his concerns and explore possible solutions. Mr. Wedel was advised that the Commission would consider the issue at a future meeting, following the opening of Meadows Parkway. The public has been notified of the Public/Traffic Safety Commission's consideration of this issue through the agenda notification process and by written correspondence. Temeku Drive/Honors Drive is a 44-foot wide residential collector street that provides access to numerous residential dwelling units between La Serena Way, Rancho California Road and Margarita Road. Access to the majority of Temeku Drive/Honors Drive is limited to street intersections except on the segment between Flag Way/lveruess Court and Surmingdale Drive where access is provided directly onto Temeku Drive for approximately 14 single-family residential units (3 existing and 11 proposed). The average daily traffic (ADT) volume on Temeku Drive is approximately 1,734 south of La Serena Way, 1,298 ADT north of Flag Way/Inverness Court, 2,331 ADT south of Royal Birkdale Drive and 2,198 ADT on Tee Drive north of Rancho California Road. The developer has posted the speed limit at 30 MPH along Temeku Drive. However, this speed limit is not an enforceable speed limit because it was not established by an Engineering and Traffic Survey as required in the California Vehicle Code. In January 2001, traffic volume data was collected at three (3) locations on Temeku Drive and at one (1) location on Tee Drive to determine vehicular travel patterns prior to the opening of Meadows Parkway. In addition to the traffic count data collection, a speed survey was performed on Temeku Drive. The speed and traffic count data was collected for a period of seven consecutive days. In April 2001, traffic count r: \traHic\commissn~agenda~2001 \0426\TemelmDriv~/ajp data was collected at the same locations for a similar seven-day period. Copies of the vehicular volume and speed data are included as Exhibits "B" and "C". The table below summarizes the results of the data collection: LOCATION 01/22/01 04/07/01 I Temeku Drive S/O La Volume (ADT) 1,379 1,734 Serena Way Temeku Drive N/O Flag Volume (ADT) 1,711 1,298 Way/Iverness Court Speed (85~ %) 41.5 MPH 43 MPH Temeku Drive S/O Par Volume (ADT) 2,467 2,331 Way Speed (85~ %) 38 MPH 40 MPH Tee Drive N/O Rancho Volume (ADT) 2,157 2,198 California Road. The before and after data collection indicates that although some segments experienced an increase in traffic volumes and others experienced a decrease, overall the traffic volumes decreased by approximately 2% with the opening of Meadows Parkway. In addition to the traffic count data, a radar speed survey was conducted in April 2001 on Honors Drive and Temeku Drive to determine vehicular speeds. As shown in the table above, the 85t~ percentile speeds observed in April 2001 are slightly higher than those observed in January. The speed survey data was incorporated into the Engineering and Traffic (E&T) Survey, to determine an enforceable-posted speed limit. The results of the E&T Survey indicate that a posted speed limit of 35 MPH could be supported and deemed enforceable on Honors Drive between Margarita Road and Tee Drive and on Temeku Drive between Tee Drive and Royal Birkdale Drive. The E&T Survey revealed that a posted speed limit of 40 MPH could be supported and deemed enforceable on the segment between Royal Birkdale Drive and La Serena Way. Although, there may be a perception that vehicles are traveling at a high rate of speed on Temeku Drive, the 85~ percentile speeds and enforceable speed limits are consistent with speed limits observed on other City streets that are residential collector streets such as, Amarita Way/Montelegro Way (40 MPH), Leena Way (40 MPH) and Sunny Meadows Drive (40 MPH). Having an unjustified posted speed limit of 30 MPH further compounds the perception that motorists are traveling too fast. It is staff's opinion that the majority of drivers are traveling at a safe and prudent speed for conditions on Temeku Drive. Copies of the Engineering and Traffic Survey are included as Exhibit "D". The concerns expressed about the high volume of "cut-through" traffic on Temeku Drive are not entirely supported by the results of the data collection. The before and after traffic volume data indicates that Temeku Drive carries 1,379 ADT to 2,157 ADT between La Serena Way and Rancho California Road. Collectively, the Temeku Golf Course development has approximately 1,351 single-family dwelling units (existing and under construction) that can potentially generate a traffic volume of 13,510 ADT. This volume is based on a trip generation rate of 10 trips per day per dwelling unit. With the completion of all the residential units, it is likely that Temeku Drive will carry between 2,500 ADT to 4,500 ADT. These volumes are based on trips generated by Temeku Hills residential units only. The total volumes shown are approximately 52% of what would normally be expected from the number of residemial units within the community that have access to Temek-a Drive and Honors Drive. Although it is the residents' perception that there is a high volume of "cut-through" traffic, it is staff's opinion that the majority of "cut-through" traffic observed by the residents is attributed to intra-subdivision trips between the Temeku Hills community. Moreover, it is staff's opinion that Temeku Drive and Honors Drive are being used as they were designed, to provide residential aec, ess to Margarita Road, Rancho California Road, Meadows Parkway, and La Serena Way. Based on our observations, there is no logical reason to use Temeku Drive as a "short-cut" since Meadows Parkway provides a more direct route between La Serena Way and Rancho 2 r:~n'a ffic~commissn~agenda~2001 ~0426\TemekuDrive/ajp California Road. Moreover, it is a very circuitous mute and there are no "real" timesavings by using Temeku Drive instead of Meadows Parkway. Insofar as the use of multi-way stop signs, it is staff's position that multi-way stop signs should be recommended where there is strong evidence that overall traffic safety can be improved and should not be used solely for controlling vehicular speeds or volumes. Studies have shown that when stop signs are installed at locations that do not satisfy the minimum warrant criteria, they become ineffective traffic control devices. Thus, by installing signs at unwarranted locations, some drivers become conditioned to disregard traffic controls such as speed limits, stop signs and signals. Those motorists who actually stop for the controls are forced to stop for no apparent reason. This often results in driver frustration and lack of respect to traffic control devices while doing nothing to address the real problem of speeding as our own studies have shown on Via Cordoba and Calle Medusa. For these reasons, staff is not recommending the installation of multi-way stop signs along Temeku Drive to address the residents' concerns. The consideration of other traffic control devices such as, speed undulations would not be considered an appropriate use on Temeku Drive because the 85~ percentile speed limit is greater that 25 MPH, the vertical alignment is greater than five percent in some areas, there are numerous curves along the roadway and the roadway serves as a residential collector street. More importantly, the speed undulations have not been embraced as an effective means of reducing vehicular speeds and volumes as experienced on Calle Pina Colada. For these reasons, staffis not recommending the use of speed undulations on Temeku Drive to address the residents' concerns. The results of the Engineering and Traffic Survey suggest that an appropriate and enforceable speed limit on Temeku Drive and Honors Drive would be 35 MPH between Margarita Road and Royal Birkdale Drive and 40 MPH between Royal Birkdale Drive and La Serena Way. Therefore, staff recommends establishment of the appropriate speed zones, removal of the existing non-enforceable 30 MPH speed limit signs, and enforcement of the newly established speed zone and use of the radar speed trailer. FISCAL IMPACT: Funds are available for signing and pavement markings in the Public Works Routine Street Maintenance Account. Attachment: 1. Exhibit "A' - Location Map 2. Exhibit "B" - Vehicular Speed and Volume Data, January 2001 3. Exhibit "C' - Vehicular Speed and Volume Data, April 2001 4. Exhibit "D" - Engineering and Traffic Survey r :\u'a ffic\commissn~agenda~2001 \0426\TemekuDrive/aj p EXHIBIT "A" LOCATION MAP EXHIBIT "B" VEHICULAR SPEED AND VOLUME DATA JANUARY 2001 h/J ~'-~o Vv' S t EXHIBIT "C" VEHICULAR SPEED AND VOLUME DATA APRIL 2001 EXHIBIT "D" ENGINEERING AND TRAFFIC SURVEY ENGINEERING AND TRAFFIC SURVEY (CVC SECTION 627) Street: Honors Drive between Margarita Road and Tee Driverremeku Drive Year of Survey: 2001 PART I: PREVAILING SPEED MEASUREMENT Date of Survey April 17. 2001 50~' Percentile [ 85m Percentile 33 MPH [ 37 MPH [ 10 mph pace (% of vehicles) 29 TO 38 MPH (81.1%) Posted Speed Limit 30 MPH** PART II: ACCIDENT RECORD: Time Period Covered Mamh 1, 1999- March 31. 2001 Number of Intersection 0 I Accidents Mid-Block 0 Mid-Block Accident Rates per Million Vehicle Miles 0 Expected Mid-Block Accident Rate 1.90/MVM HIGHWAY, TRAFFIC AND ROADSIDE CHARACTERISTICS NOT READILY APPARENT Date of Observation April 18. 2001 Highway: Geometrics, Numerous intersections, limited access(driveways, intersections, other) visibility due to horizontal and vertical alignment of roadway Traffic: Pedestrians, on-street parking Striped bike lane both sides of the turnover, school crossings, etc .... street Roadside: Land uses not apparent Golf Course (park, school, etc...) other conditions PART IV: ADDITIONAL REMARKS RECOMMENDED SPEED 35 MPH **Unjustified Speed Limit ENGINEERING AND TRAFFIC SURVEY (CVC SECTION 627} Street: Temeku Drive between Tee Drive/Temeku Drive and Royal Birkdale Drive Year of Survey: 2001 PART I: PREVAILING SPEED MEASUREMENT Date of Survey Aoril 17. 2001 50t" Percentile I 85t~ Percentile 32 MPH I 40 MPH I 10 mph pace (% of vehicles) 27 TO 36 MPH (69%) Posted Speed Limit 30 MPH** PART II: ACCIDENT RECORD; Time Period Covered Mamh 1. 1999- March 31. 2001 Number of Intersection 0 Accidents Mid-Block 0 Mid-Block Accident Rates per , Million Vehicle Miles 0 Expected Mid-Block Accident Rate 1.90/MVM PART III: HIGHWAY, TRAFFIC AND ROADSIDE CHARACTERISTICS NOT READILY APPARENT Date of Observation April 18. 2001 Highway: Geometrics, Numerous intersections, limited access(driveways, intersections, other) visibility due to horizontal and vertical ali[rnment of roadway Traffic: Pedestrians, on-street parking Striped bike lane both sides of the turnover, school crossings, etc .... street Roadside: Land uses not apparent Golf Course (park, school, etc...) other conditions PART IV: ADDITIONAL REMARKS RECOMMENDED SPEED 35 MPH **Unjustified Speed Limit ENGINEERING AND TRAFFIC SURVEY (CVC SECTION 627) S~reet; Temeku Drive between Royal Birkdale Drive and La Serena Wa)' Year of Survey: 2001 PART I: PREVAILING SPEED MEASUREMENT Date of Survey Avri117. 2001 50m Percentile [ 85m Percentile 38 MPH [ 43 MPH 10 mph pace (% of vehicles) 32 TO 41 MPH (67.8%) Posted Speed Limit 30 MPH** PART II: ACCIDENT RECORDS Time Period Covered Mamh 1. 1999- March 31. 2001 Number of Intersection 0 Accidents Mid-Block 0 Mid-Block Accident Rates per Million Vehicle Miles 0 Expected Mid-Block Accident Rate 1.90/MVM HIGHWAY, TRAFFIC AND ROADSIDE CHARACTERISTICS NOT READILY APPARENT Date of Observation Aoril 18. 2001 Highway: Geometrics, Numerous intersections, limited access(driveways, intersections, other) visibility due to horizontal and vertical ali[mment of roadway Traffic: Pedestrians, on-street parking Striped bike lane both sides of the turnover, school crossings, etc .... street Roadside: Land uses not apparent Golf Course (park, school, etc...) other conditions PART IV: ADDITIONAL REMARKS RECOMMENDED SPEED 40 MPH **Unjustified Speed Limit MOTION: Commissioner Connedon moved to approve staff's recommendation which was to deny the request for the multi-way stop signs on Promenade Chardonnay Hills at the requested locations, and to recommend the implementation of Stage 1 of the Neighborhood Traffic Calming Program which includes increased enforcement, the use of a radar trailer, and the installation of speed limit signs; and moved to additionally recommend the installation of signage posting the $181 fine for speeding. The motion was seconded by Commissioner Katan and voice vote reflected approval with the exception of Commissioner Lanier who abstained. For the residents' information, Chairwoman Edwards clarified the Public/Traffic Safety Commission's recommendation regarding this neighborhood. Commissioner Connerton advised Officer Nelson to relay to Police Sergeant DiMaggio the importance of expeditiously increasing enforcement in this area due to the expressed comments from the residents regarding issues of safety. 4. Request for Nei.qhborhood Traffic Calmin.q - Temeku Drive RECOMMENDATION: 4.1 That the Public/Traffic Safety Commission: 1. Recommend that the City Council adopt an Ordinance establishing speed zones on Temeku Drive and Honors Drive; 2. Direct the Police Department to enforce the newly established speed limit including use of the radar speed trailer. Senior Engineer Moghadam presented the staff report (of record), noting that on Temeku Drive there are currently three-four fronting homes, and approximately eleven more to be built, ergo, the 25 MPH prima facie speed limit was not an option; with respect to cut-through traffic, via overheads, relayed that the data revealed that at two of the three locations studied volumes decreased after the opening of Meadows parkway, providing the traffic count data, advising that this area would not be a short cut for vehicles to use as a cut-through, reiterating the definition for cut-through traffic; with respect to speeds in this area, provided a brief history of the area during development, noting that the developer installed signs indicating speed limits, advising that at this point in time those speed limits were unjustified; via overhead statistical data, presented the speed information, concurring with the residents' comments that vehicles are traveling faster than the posted limits (which are not justifiable limits), advising that the justified speed limits would be 40 MPH on a portion of Temeku Hills up to Royal Birkdale Drive, and from this point to Margarita Road a 35 MPH limit would be justified, based on prevailing speeds, accident history, and roadway conditions; clarified that any speed limits posted below those speeds would create difficulties with enforcement; advised that stop signs are not warranted, and that the speed limits, based on the traffic engineering study, should be posted; and noted staff's recommendation, that Stage 1 of the NTCP be implemented. For Commissioner Connerton, Associate Engineer Gonzales specified the portion of Te~neku Di'i[,~-~6i~h was n-(~t dedicated, noting theportions 0f'H~)i'i~)-r§-D~iv-~-that have .... not been accepted for use by the City, clarifying that neither Honors Drive nor Temeku Drive had been accepted at this time; and confirmed that the Public/Traffic Safety Commission had previously recommended the placement of a stop sign in this area. In response to Commissioner Coe, Senior Engineer Moghadam confirmed that the Public/Traffic Safety Commission could make a recommendation for a speed limit on a road that was not dedicated; for Commissioner Katan, noted that it was a better situation if a street was accepted by the City prior to implementing any recommendation, while relaying the City's efforts to aid in ensuring the safety of residents traveling in this area, noting the City's efforts to expedite the acceptance process; and clarified that the stop sign had been installed due to the safety issues at hand. Providing additional information, Chairwoman Edwards noted her discussions with Dr. Wedel regarding the concerns in this neighborhood, noting that she appealed to the City Council and staff for aid in addressing these concerns, noting that since the streets were not dedicated the residents had no other recourse; and relayed a brief history of the development construction in this area. For Commissioner Lanier, Officer Nelson advised that the Police cannot enforce the posted speeds in this area, noting that the citations could be contested due to the lack of supporting analysis, and the streets not being dedicated. In response to Commissioner Coe, Chairwoman Edwards relayed that the Public/Traffic Safety Commission's efforts would be to establish a speed limit tonight, and to discuss recommendations for enforcing that limit. The following individuals relayed their concerns regarding traffic in the Temeku Drive area: Dr. MarkWedel Ms. MaryWedel Ms. Joanna O'Neill n Mr. Michael O'Neill Mr. James Dent Mr. Bill Miner 41522 Temeku Drive 41522 Temeku Drive 41504 Temeku Drive 41504 Temeku Drive 41791 Cascades Court 41832 Cascades Court The above-mentioned individuals noted the following comments regarding the Temeku Drive area: · Relayed that the primary concern was speeding, and not volumes of vehicles. · Noted the traffic impacts generated from the clubhouse. Advised that there was limited visibility (i.e., blind corners) due to the configuration of the street. Recommended not posting a speed limit higher than 30 MPH. Noted that vehicles were seen traveling at high speeds which created a situation where_c~'ossing th~_e st!'_eet !o~a~cess mailboxes was unsafe.. .................. Relayed a fear that an individual would be hurt on this street if the speeding issue is not addressed. Queried the setting of a speed limit, advising that the speed violators appear to be accommodated by setting the limits based on the 85th percentile of speeds traveled analysis utilized for setting the speed limits, advising that enforcement should be increased to maintain the current limits. Noted the permitting of golf carts which should contribute to the rationale for a lower speed limit, referencing the Vehicle Code which states that for an area to be designated for golf cad use the speed limit is to be 25 MPH. Advised that the initial plans were for this area to be a gated community. Recommended that there be a line-of-sight study to reveal the significant negative impacts related to the visibility of approaching vehicles. Thanked the City for the placement of the much-needed stop sign. -Noted an ande~rstanding that Officers-coald cite-individuals traveling at speeds deemed unreasonable and not safe for the conditions existing at that time. · Relayed that when vehicles park in the bicycle lanes, there is no enfomement. Strongly opposed posting a 40-MPH speed limit, noting discussions with the developer. Dr. Wedel provided a PowerPoint presentation, highlighting the applicable law, the Vehicle Code regulations, the City's right to set speeds deemed appropriate, the minimum front yard setbacks due to the initial plan for the community to be gated, the negative visibility impacts, the golf cads use in this area, the previous efforts of the residents, the lack of help to address the issue of speeding, the safety hazards at hand, the opposition to setting the speed limit on Temeku Drive at 40 MPH due to the houses fronting the street, the insignificant reduction in traffic after Meadows Parkway opened (i.e., 2%), the volume study which was conducted on Easter Sunday to compare to previous data, cut-through traffic due to the beauty of the drive and the speed limits not being enforced, and the 4% of vehicles that are adhering to the 30 MPH posted limits; and queried who would benefit by increasing the speed limits. Advising that if the golf cads were permitted to travel in this area, and if the Vehicle Code states that the speed limit can only be 25 MPH with this condition, Commissioner Katan noted his concurrence with the residents, recommending a 25-MPH speed limit. Commissioner Coe relayed that if the streets are not dedicated there should be efforts to expedite the process; and noted concurrence with Commissioner Katan's comments, recommending enforcing a 25-MPH speed limit. For clarification, Director of Public Works Hughes relayed that the City Council may or may not have designated this area as a golf cad community, confirming that the Vehicle Code does require that the posted speed limits should not exceed 25 MPH where golf cads are ~sed; ad~,i~ed that the mere fact that the City design.~t~-d 'thi{~ar-ea as-'~"golf cad community does not preempt the ability to set enforceable speed limits based on the 85th percentile of speeds traveled; clarified that golf cads should not be permitted on the streets posted above 25 MPH regardless of previous designations, advising that the 25 MPH cannot be enforced simply due to the area being designated as a golf cart street; confirmed, for Chairwoman Edwards, that the 85th percentile data takes precedence over the golf cart designation; and advised that if the City does posts the limits higher than 25 MPH, golf cart travel on the streets should be restricted (per the Vehicle Code standards). Commissioner Coe relayed that he was not so concerned with setting reasonable speed limits which would be technically enforceable, advising that the majority of drivers would not be aware of the required support analysis and would most likely adhere to the limits set. For Commissioner Coe, Director of Public Works Hughes relayed that numerous studies have proven that merely posting a speed limit on a street has almost no effect on what the prevailing speeds will be, advising that people will always drive at a speed they deem comfortable, safe, and reasonable; provided additional information regarding the issues associated with Police Officers citing individuals for speeding while knowing that there was no supporting traffic analysis supporting the limits; reiterated that a City Council designation as a golf cart area cannot preempt the laws in setting speed limits; for Chairwoman Edwards, clarified that the City Council could not continue to allow golf carts in this area and then set the speed limit at 25 MPH, and expect this speed to be enforceable; and relayed that there was the ability to lower the speed limit under 40 MPH if other conditions exist, requesting the Public/Traffic Safety Commission ensure that the Traffic Engineer supports the setforth special conditions because legally a registered engineer would have to make this determination. Referencing the Vehicle Code, Commissioner Connerton noted that the golf carts could operate in crossings with a speed limit of 45 MPH or below. Chairwoman Edwards, echoed by Commissioner Coe, relayed that in this area the golf carts were operating on the streets. Commissioner Connerton relayed that this situation was not typical, noting that with the 85th percentile of traveled speeds data, the speed limit could be posted at 35-40 MPH, could be reduced to 30 MPH if special conditions exist, querying whether setting speed limits in this range would restrict the use of golf cads. In response to Commissioner Connerton, Senior Engineer Moghadam provided additional information regarding typical drivers travelling at speeds they feel are safe, noting the rationale for the laws being based on setting the limits on the 85th percentile of traveled speeds; and advised that accident history was one of the viable conditions justifying a reduction in the speed limit, clarifying that there was no accident pattern in this area. For Commissioner Lanier, Senior Engineer Moghadam noted that staff's focus was on the safety issues, ergo, the placement of the stop sign in this area; and confirmed that line-of-sight impacts would justify lowering the speed limit. Chairwoman Edwards noted that she appreciated Dr. Weders research and time spent regarding-this issue; and additionally relayed gratitude to staff for addressing this complicated and unique situation with her. For Chairwoman Edwards, Director of Public Works Hughes relayed that the City was in the process of accepting the streets which could take from a few weeks time to a few months time; noted the goal to place an enforceable speed limit in this area as soon as possible, advising that in the event that the street acceptance takes longer, staff would seek avenues to ensure that the Officers can enforce the justified speed limits; provided additional information regarding the City Council accepting the streets as soon as there is satisfaction that the streets are ready for this acceptance; and confirmed, for Commissioner Connerton, that the Public/Traffic Safety Commission could move forward as though the streets were accepted, making a recommendation for a posted speed limit. in response to Chairwoman Edwards' queries, Director of Public Works Hughes relayed that the curb heights at a measurement of five or six inches would not be considered a mitigating factor in reducing the speed limits; and in response to querying whether a center line stripe would aid in slowing vehicle speeds, noted that Senior Engineer Moghadam could make this determination, relaying that at times speeds increased with this §triping. ' .... Chairwoman Edwards advised that she saw as a mitigating circumstance the fact that the golf cads are, and would continue to be, driven in the streets, which in her opinion should be considered. MOTION: Commissioner Coe moved to recommend an established speed limit of 35 MPH on the entire roadway including Temeku Drive and Honors Drive. The motion was seconded by Commissioner Connerton for discussion purposes. (Ultimately this motion passed; see page 14.) Director of Public Works Hughes noted that this limit would be lower than the 85th percentile of speeds traveled in certain sections, questioning what circumstances and conditions this was based on. Senior Engineer Moghadam noted that this limit (i.e., 35 MPH) could be justified on the sight visibility distance issues; and for Chairwoman Edwards, clarified that it would be difficult to justify a speed limit any lower than 35 MPH, providing additional information regarding the speeds that are typically traveled. In response to Chairwoman Edwards' queries as to whether she was correct in understanding staffs comments, that if the speed limit is posted at 35 MPH, in lieu of the 30 MPH posting at this time, that staff was of the opinion that the speeds traveled would not change, Director of Public Works Hughes noted that after dealing with this issue for over 21 years, that the posting of a speed has had almost no effect, citing an example in the City of Indian Wells where regardless of data and the lack of being able to enforce the limits, the City Council of this City changed the speed limits throughout the City to a posted limit of 25 MPH, noting that after six weeks all the new signage was changed back to the enforceable limits, clarifying that merely posting a speed was not effective. Chairwoman Edwards relayed a preference to post an enforceable speed limit, and to increase enforcement, ensuring that vehicles traveled at that speed. For Chai~v~6-Edwards, Officer Nelson relayed that if the limits wei'~ supp(~rtedl the citations for violations would be defensible in court, noting that an additional Neighborhood Officer would be coming on board in July; and confirmed, for Commissioner Lanier, that the Officers could issue citations in this area at the limit of 35 MPH. At this time voice vote was taken regarding the motion reflecting unanimous approval. Commissioner Connerton commended Dr. Wedel for his fine presentation, relaying that it had been informative and detailed. Resolution Amending Meetin,q Schedule of the Public/Traffic Safety Commission RECOMMENDATION: 5.1 That the Public/Traffic Safety Commission adopt a resolution entitled: RESOLUTION NO. PTS 2001-01 A RESOLUTION OF THE PUBLIC/TRAFFIC SAFETY COMMISSION OF THE CITY OF TEMECULA AMENDING RESOLUTION NO. PTS 99-01 ESTABLISHING THE FOURTH THURSDAY OF EACH MONTH AS THE REGULAR MEETING SCHEDULE In response to Commissioner Coe's queries, staff relayed that changing the meeting date to the third Thursday would create scheduling problems. MOTION: Commissioner Coe moved to approve staff's recommendation. The motion was seconded by Commissioner Connerton for discussion purposes. (Ultimately this motion passed; see below.) Noting that he did not support this recommendation in the past due to his opinion that there was much for the Public/Traffic Safety Commission to accomplish, Commissioner Connerton advised that he would not support this recommendation at this time. At this time voice vote was taken reflecting approval with the exception of Commissioner Connerton who voted n._9o. TRAFFIC ENGINEER'S REPORT In response to Commissioner Coe's previous queries, Senior Engineer Moghadam noted that in the agenda material staff had only included staff's response to various letters from residents, and not copies of the original letters, advising that in the future staff would include copies of the original letters. Advising that the ClP process has begun, Director of Public Works Hughes noted that the draft CIP would most likely be presented to the Public/Traffic Safety Commission at the May meeting, relaying that the CIP would be presented to the City Council at a workshop approximately one week before pr6seht~tion to the" Public/Traffic Safety Commission. EXHIBIT "B" PETER M. THORSCN pt HORSON@RWGLAW.CO~,I (213) 253-0216 RICHARDS, WATSON & GERSHON ATTORNEYS AT LAW A PROFESSIONAL CORPORATION THIRTY-EIGHTH FLOOR 333 SOUTH HOPE STREET LOS ANGELES, CALIFORNIA 90071 ° 1469 (213) 626-8484 FACSIMILE (213) 626-0078 OFFICES IN LOS ANGELES SAN FRANCISCO ORANGE COUNTY July 19, 2001 Honorable Mayor Comerchero and Members of the City Council City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 Re: Speed Limits on Honors Drive and Temeku Drive Honorable Mayor Comerchero and Members of the City Council: I am writing to address the steps the City may take to regulate the speed limits of roads shared by automobiles and golf carts, such as Honors Drive and Temeku Drive. I have reviewed the April 26 and May 22, 2001 agenda reports, as well as the letter to the Council submitted by Dr. Mark Wedel of Temeku Drive. There is an apparent conflict between the authority of the City to designate certain roads for the combined use of golf carts and vehicles and impose rules, including speed limits, for such use (Vehicle Code Section 21115) and the requirements of the "speed trap law" requiring a traffic engineering study prior to establishing a speed limit on any highway (Vehicle Code Sections 22357, 40802, and 40803. Based on our research, our conclusions are: Honors Drive and Temeku Drive are not properly designated as "golf cart" streets for the purposes of Vehicle Code Section 21115. The designation in the Margarita Village Specific Plan No. 199 of streets within the Temeku community as golf cart streets is not sufficient under Section 21115 as the designation does not provide for m/es and regulation for the operation of golf carts and vehicles on the streets. Until such time as the Council adopts an ordinance pursuant to Vehicle Code Section 21115 making appropriate findings and establishing rules and regulations for the operation of golf carts on Honors Drive and Temeku Drive, the speed limit must be set under the speed trap law with an engineering study as required by Vehicle Code Sections 22357 and 40802-40803. 3. Until such time as the Council adopts an ordinance pursuant to Vehicle Code Section, R~C~ARDS, WATSON & GERSHON ? ' Honorable Mayor Comerchero and Members of the City Council July 19, 2001 Page 2 21115, golf carts are prohibited on Honors Drive and Temeku Drive pursuant to Vehicle Code Section 21716 because the current speed limit is higher than 25 mile per hour. If an ordinance is adopted designating Honors Drive and Temelm Drive as golf cart streets pursuant to Vehicle Code Section 21115, we believe the Council would have authority to set the speed limit for these streets at 25 miles per hour, even if the engineering study which would otherwise be required by Vehicle Code Sections 22357 and 40802-40803 for streets without a golf cart designation would not justify such a speed limit. The rules and regulations required by Section 21115 would need to address the proper operation of golf carts and vehicles on the streets at this speed limit. While we believe a sound legal argument can be made to support such authority, no appellate cases have addressed this specific question and the issue will undoubted be litigated. If an ordinance is adopted designating Honors Drive and Temeku Drive as golf cart streets pursuant to Vehicle Code Section 21115, we believe the Council would also have the authority to set the speed limit for these streets at 35 miles per hour as recommended by the Director of Public Works based on the engineering study conducted pursuant to Vehicle Code Sections 40802 and 40803. The rules and regulations required by Section 21115 would need to address the proper operation of golf carts and vehicles on the streets at this speed limit. While we believe a sound legal argument can be made to support such authority, no appellate cases have addressed this specific question and the issue will undoubted be litigated. Ordinarily, a city has broad discretion within its boundaries to establish speed limits on streets other than county, state and federal highways. Veh. Code § 22357.~ Before setting a speed limit, a city must complete an engineering and traffic survey, determining the prevailing speeds on the roadway pursuant to Sections 40802 and 40803. The City may then either set the speed limit at the first five mile per hour increment below the 85~ percentile of the prevailing speed, or at a lower speed if the City makes certain fmdings of necessity. California Department of Transportation Traffic Manual § 8-03.3. However, roads on which golf carts travel are subject to special statutory provisions. Specifically, Vehicle Code Section 21716 provides that except for roads on which golf carts are present only at designated crossings, "no person shall operate a golf cart on any highway except in a speed zone of 25 miles per hour or less." A "highway," under Vehicle Code Section 360, "is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of ~All statutory citations are to the California Vehicle Code. ~IC~IARDS, WATSON & GEf~SHON Honorable Mayor Comerchero and Members of the City Council July 19, 2001 Page 3 vehicular travel. Highway includes street," and so any roads subject to local regulation would also be subject to Section 21716. Aside from the golf cart crossings, Section 21716 provides no exceptions. Vehicle Code Section 21115, allows a local entity to desigr~ate local highways for use by both automobiles and golf carts, and the golf cans need not comply with DMV licensing and equipment requirements. This section requires that in designating a local highway for joint use of golf carts and automobiles, the local entity must "roles and regulations that shall have the force of law." Section 2115 provides: "21115. (a) Ifa local authority finds that a highway under its jurisdiction is located adjacent to, or provides access to, a golf course and between the golf course and the place where golf carts are parked or stored or is within or bounded by a real estate development offering golf facilities and is designed and constructed, so as to safely permit the use of regular vehicular traffic and also the driving of golf carts on the highway, the local authority may, by resolution or ordinance, designate the highway or portion of the highway for combined use and prescribe rules and regulations that shall have the force of law. No highway shall be so designated for a distance of more than one mile from the golf course if the highway is not located within a development or beyond the area of a development, provided, the finding of the local authority in this respect shall be conclusive. Upon the designation becoming effective it shall be lawful to drive golf carts upon the highway in accordance with the prescribed rules and regulations. The rules and regulations may establish crossing zones and speed limits and other operating standards but shall not require that the golf carts conform to any requirements of this code with respect to registration, licensing, or equipment, except that if operated during darkness the golf cart shall be subject to the provisions of Section 24001.5 regarding equipment. The roles and regulations shall not be effective until appropriate signs giving notice thereof are posted along the highway affected. A 'real estate development offering golf facilities,' for purposes of this section, means an area of single-family or multiple-family residences, the owners or occupants of which are eligible for membership in, or the use of, one or more golf courses within the development by virtue of their ownership or occupancy of a residential dwelling unit in the development. "(b) For pta'poses of this section, a 'golf cart' includes a low-speed vehicle." (Emphasis added.) Section 21716 of the Vehicle Code provides that: "Except as provided in Section 21115.1 and Chapter 6 (commencing with Section 1950) of Division 2.5 of the Streets and Highways Code, no person shall operate a golf cart on any highway except in a speed zone of 25 miles per hour or less." The emphasized language of the Section 21115 provides clear authority for the Council to set speed limits on roads which are designated for golf carts. Despite this clear language, two issues remain with respect to other statutes relating to golf carts and establishment of speed limits: (1) Must RIC?ARDS, WATSON & GERSHON Honorable Mayor Comerchero and Members of the City Council July 19, 2001 Page 4 the provisions of the "speed trap" law be complied with in order to set the speed limit for road designated for golf carts so that a 25 mile per hour speed limit may be established; and (2) does Section 21716 preclude the establishment of a speed limit for roads designated for golf carts higher than 25 miles per hour? We believe sound legal authority exists that the City Council has the authority to set speed limits on roads designated for golf carts whether or not an engineering study would not supporl a 25 mile per hour speed limit or even if the established speed limit exceeds 25 miles per hour. Under the roles of statutory construction and interpretation established by the courts, statutes address specific issues are given effect even if in conflict with a more general statute on the same issue and all statutes are to be given their full effect. Vehicle Code Section 21115 is a specific statute addressing the joint use of local roads by golf carts and vehicles which essentially will have no effect if its provisions are superceded by Section 21716 or the speed trap statute of Section 40802. At this point, however, no appellate cases have addressed these issues and litigation is likely with respeqt to these questions, whatever option the Council chooses. Please do not hesitate to contact me if you have any questions or concems. Very truly yours, Peter M. Thorson City Attorney cc. Shawn Nelson Jim O'Gmdy Gary Thomhill Bill Hughes William P. Curley, III ITEM 20 APPROVAL CITY ATTORNEY DIRECTOR OFFINANCE ,~'~-~ CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT City ManagedCity Council -~usan W. Jones ity Clerk/Director of Support Services August 14, 2001 Amendment to City Commissioners Compensation RECOMMENDATION: 1.1 Adopt an urgency ordinance entitled: ORDINANCE NO. 01- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.40.100 OF THE TEMECULA MUNICIPAL CODE RELATING TO COMPENSATION FOR CITY COMMISSIONERS 1.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO, 01- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2,40,100 OF THE TEMECULA MUNICIPAL CODE RELATING TO COMPENSATION FOR CITY COMMISSIONERS BACKGROUND: At the City Council Meeting of July 24, 2001, Council direction was given to amend the Municipal Code regarding Commission Compensation. The workload of the City commissions has increased dramatically over the last few months due to the significant increase in complex development projects pending before the City and the numerous additional difficult projects, which the Council has assigned to the commissions. With the dramatic increase in the volume and complexity of the commissions' work and the severe negative impact on the City if the development projects are not carefully reviewed in a timely manner, it is necessary for the commissioners to receive additional compensation to reflect the increased time being devoted to this work. It is proposed that the Commissions receive $50 per meeting attended. R:agenda reports/Commission Compensation Due to the need to immediately preserve public peace, health or safety pursuant to the requirements of Government Code Sections 36934 and 36937, this is being proposed as an urgency ordinance to become effective immediately, with a regular ordinance following to be enacted as the permanent City ordinance. FISCAL IMPACT: Adequate funds are available for this increase. A'I-FACHMENT: Urgency Ordinance No. 01- Ordinance No. 01- R:agenda reports/Commission Compensation ORDINANCE NO. 01- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.40.100 THE TEMECULA MUNICIPAL CODE RELATING TO COMPENSATION FOR CITY COMMISSIONERS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. amended to read as follows: Section 2.40.100 of the Temecula Municipal Code is hereby "Section 2.40.100 Compensation "City commissioners shall receive monthly compensation as follows: "Planning Commission" "Public Traffic/Safety Commission" "Community Services Commission" $50 per meeting attended $50 per meeting attended $50 per meeting attended Section 2. This ordinance is adopted as an urgency ordinance pursuant to the provisions of Government Code Sections 36934 and 36937 and shall be effective immediately upon its adoption. The City Council hereby finds and determines that the workload of the City commissions has increased dramatically over the last few months due to the significant increase in complex development projects pending before the City and the numerous additional difficult projects which the Council has assigned to the commissions. City commissioners have traditionally been asked to devote an enormous amount of time to their commission duties. Now, with the dramatic increase in the volume and complexity of the commissions' work and the severe negative impact on the City if the development projects are not carefully reviewed in a timely manner, it is necessary for the commissioners to receive additional compensation to reflect the increased time being devoted to this complex work. Therefore, the City Council finds and determines that the adoption of this ordinance as an urgency ordinance is necessary for the immediate preservation of the public peace, health or safety pursuant to the requirements of Government Code Sections 36934 and 36937. Section 3. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Ords\01 - 1 Section 4. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED AND ADOPTED this 14th day of August, 2001 ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 01- was duly adopted and passed as an Urgency Ordinance at a regular meeting of the City Council on the 14th day of August, 2001 by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk O~s~l- 2 ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEtVIECULA AMENDING SECTION 2.40.100 OF THE TEI'VIECU LA MUNICIPAL CODE RELATING TO COMPENSATION FOR CITY COMMISSIONERS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. amended to read as follows: Section 2.40.100 of the Temecuia Municipal Code is hereby "Section 2.40.100 Compensation "City commissioners shall receive monthly compensation as follows: "Planning Commission" "Public Traffic/Safety Commission" "Community Services Commission" $50 per meeting attended $50 per meeting attended $50 per meeting attended Section 2. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Section 3. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED AND ADOPTED this 14th day of August, 2001. ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC City Clerk [SEAL] Ords\01- 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, DO HEREBY CERTIFY that the foregoing Ordinance No. 01- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 14th day of August, 2001 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 28th of August, 2001, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk Ords\01o 2 ITEM 21 APPROVAL CITY ATTORNEY DIRECTOR OF FINAN~E_~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Grant Yates, Assistant to the CityManager August 28, 2001 Appointment of State Lobbyist Ad Hoc Advisory Group PREPARED BY: Aaron Adams, Sr. Management Analyst RECOMMENDATION: That the City Council appoint 1-2 members to ser~e as an ad hoc advisory group in assisting the selection ora State Lobbyist to represent the interests of the City of Temecula in Sacramento. BACKGROUND: The recently adopted budget includes funds for a state lobbyist. In addition, staff has contacted 20 cities of which 90% currently contract for State lobbying services. The City of Temecula has significantly benefited by having a Federal lobbyist in Washington D.C., who has assisted in bringing over $7 million dollars back to the City of Temecula for capital projects. It is staff's recommendation that a contract with a qualified State lobbying firm will assist in exploring similar funding opportunities at the State level. The appointment of a 1-2 member ad hoc committee will assist staff in reviewing the list of qualified firms who will have responded to a request for proposal/qualification. This ad hoc advisory group will be instrumental in the interview process and ultimate selection of a firm. FISCAL IMPACT: None at this time.