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HomeMy WebLinkAbout091702 CC Agenda 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 SEPTEMBER 17, 2002 - 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 11 :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. . 6:00 P.M. - Closed Session of. the City Council pursuant to Governrnent Code Sections: 1. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(a) with respect to two matters of existing litigation involving the City. The following case will be discussed: 1) City of Temecula v. Riverside County (Tucalotta Hills Associates) and 2) City of Temecula v. Riverside County (Domenigoni-Barton). 2. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(b)(1) with respect to one matter of potential litigation. With respect to such matter, the City Attorney has determined that a point has been reached where there is .asignificant exposure to litigation involving the City based on existing facts and circumstances and the City will decide whether to initiate litigation. Public Information concerning existing litigation between the Cityalld;various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: No. 2002-04 Resolution: No. 2002-76 CALL TO ORDER: Mayor Ron Roberts Prelude Music: Hayley Lieberg Invocation: Rabbi Yitzchock Hauvurim of Chabad of Temecula Valley Flag Salute: Councilman Pratt ROLL CALL: Comerchero, Naggar, Pratt, Stone, Roberts R:\AgendaI091702 PRESENT A TIONS/PROCLAMA TlONS Kids Dav Americallnternational Proclamation Santa Marqarita Watershed Clean-Up Dav Proclamation 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 t~ Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Approval of Minutes RECOMMENDATION: 2.1 Approve the minutes of July 23, 2002; 2.2 Approve the minutes of July 30, 2002. R:\AgendaI091702 2 3 Resolution Approvinq List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 02-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Citv Treasurer's Report RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of July 31, 2002. 5 Financial Statements for the Fiscal Year ended June 30, 2002 RECOMMENDATION: 5.1 Receive and file the Financial Statements for the Fiscal Year ended June 30, 2002; 5.2 Approve a budget transfer of $55,400 to City Attorney Department from CIP Admin Department; 5.3 Approve a budget transfer of $7,200 to City Council Department from CIP Admin Department; 5.4 Approve an estimated revenue and appropriation of $129,600 to the AB3229-COPS Fund; 5.5 Approve a reduction of the estimated revenues for Grants (COPS) and an increase in operating transfers into the General Fund in the amount of $129,600. 6 Holiday Schedule for City Council Meetinqs RECOMMENDATION: 6.1 Direct the City Clerk to reschedule the City Council meeting of December 24, 2002, to December 17, 2002 and to perform the appropriate postings and noticing requirements of the Government Code. 7 Purchase of Hiqh-Speed Emerqency Notification System RECOMMENDATION: 7.1 Authorize the purchase of a City-wide Emergency Notification System from Plant Equipment for $42,791.25. R:\AgendaI091702 3 8 Purchase of one Fire Department Rescue Squad Vehicle RECOMMENDATION: 8.1 Approve the purchase of the Rescue Squad Vehicle Apparatus from KME in the amount of $108,906.16. 9 Substitute Aqreements and Bonds for various Tracts within the Crowne Hill Subdivision (located east of Butterfield Staqe Road, south of Pauba Road, and north of De Portola Road) RECOMMENDATION: 9.1 Accept the Substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map No. 23143; 9.2 Accept the Substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map No. 23143-1; . 9.3 Accept the Substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map No. 23143-1; 9.4 Accept the Substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map No. 23143-5; 9.5 Accept the Substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map No. 23143-6; 9.6 Accept the Substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map No. 23143-6; 9.7 Accept the Substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map No. 23143-8; 9.8 Accept the Substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map No. 23143-8; 9.9 Accept the Substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map No. 23143-10; 9.10 Accept the Substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map No. 23143-10; 9.11 Accept the Substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map No. 23143-11; 9.12 Accept the Substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map No. 23143-11; R:\AgendaI091702 4 9.13 Accept the Substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map No. 23143-F; 9.14 Accept the Substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map No. 23143-F; 9.15 Acknowledge that original bonds collected by the original subdivider, Crowne Meadows, LP, will be released upon acceptance of substitute bonds by separate administrative action; 9.16 Direct the City Clerk to so advise the developer and surety. 10 Completion and Acceptance of Construction Contract for the FY2001-2002 Slurry Seal Proqram - Proiect No. PW02-05 RECOMMENDATION: 10.1 Accept the FY2001-2002 Slurry Seal Program Project - Project No. PW02-05 - as complete; 10.2 File a Notice of Completion, release the Performance Bond, and accept a 12-month Maintenance Bond in the amount of 10% of the contract; 10.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 11 Tract Map No. 29639-1 (located south of Date Street and west of Marqarita Road within the Harveston Specific Plan) RECOMMENDATION: 11.1 Approve Tract Map No. 29639-1 in conformance with the conditions of approval; 11.2 Approve the Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Materials Bond as security for the agreement; 11.3 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. 12 Tract Map Nos. 29928, 29928-1, 29928-2, and 29928-3 (located within the Harveston Specific Plan) RECOMMENDATION: 12.1 Approve Tract Map Nos. 29928, 29928-1, 29928-2, and 29928-3 in conformance with the conditions of approval; 12.2 Approve the Subdivision Improvement Agreements and accept the Faithful Performance and Labor and Materials Bonds as security for the agreement; 12.3 Approve the Subdivision Monument Agreements and accept the Monument Bonds as security for the agreement. R:\AgendaI091702 5 13 Tract Map Nos. 29929 and 29929-1 (located within the Harveston Specific Plan) RECOMMENDATION: 13.1 Approve Tract Map Nos. 29929 and 29929-1 in conformance with the conditions of approval; 13.2 Approve the Subdivision Improvement Agreements and accept the Faithful Performance and Labor and Materials Bonds as security for the agreement; 13.3 Approve the Subdivision Monument Agreements and accept the Monument Bonds as security for the agreement. 14 Tract Map No. 30088 (located north of Township Road, south of Harveston School Road. west of Marqarita Road, and east of Harveston Drive within the Harveston Specific Plan) RECOMMENDATION: 14.1 Approve Tract Map No. 30088 in conformance with the conditions of approval; 14.2 Approve the Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Materials Bond as security for the agreement; 14.3 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY ******************** R:\AgendaI091702 6 . ..:..... . .......................0..,..... ..... '. .'.'..... cHn;:,:,;;:!k:j.1:n:>EF:!;;E'.;[{:..~ .Y.' '.. ... ... [V~.....:;,:;~:",{{~'.f~j, >'\.~r~ :~C" \ ;'~;~"';;,~ ********7,.******~*~.*:~~t~t~.jrTh~t*:t,~rr.rrmf~t~!:1:rr,~,~;rrM;~.rr'~r:~:n.rr1~f!trrrr:n:t'.rr:.,:n'~t:~!fl~'8!~.1~:~r*:f*t7:h~7:~'r~m~~rr.~llirm{~mlm2*'1~t~*;~,t TEMECULA COMMUNITY SERVICES DISTRICT MEETING" ~~ **********************************************************~****************************************************** Next in Order: Ordinance: No. CSD 2002-01 Resolution: No. CSD 2002-08 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 August 27, 2002. 2 Tract Map No, 23209 - Service Level B, Service Level C, and Service Level D Rates and Charqes RECOMMENDATION: 2.1 Adopt a resolution entitled: R:\AgendaI091702 7 RESOLUTION NO. CSD 02-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL B, SERVICE LEVEL C, AND SERVICE LEVEL D RATES AND CHARGES FOR TRACT MAP NO. 23209 BEGINNING FISCAL YEAR 2003-2004 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH 3 Acceptance of Landscape Bonds and Aqreements for Tract Map No. 29639 - Harveston, LLC RECOMMENDATION: 3.1 Accept the agreement and surety bonds from Harveston, LLC, to improve the perimeter slopes and parkways along Date and Margarita Roads within Tract. Map No. 29639; 3.2 Accept the agreement and surety bonds from Harveston, LLC, to improve the Landscaped medians on Margarita, Date, and Lakeview Roads within Tract Map No, 29639; 3.3 Accept the agreement and surety bonds from Harveston, LLC, to improve the perimeter slopes along the interior Loop Road within Tract Map No. 29639. 4 Award of Construction Contract - Proiect No. PW02-01CSD - Children's Museum Buildinq Shell Improvements RECOMMENDATION: 4.1 Award a construction contract to R.E. Fleming Construction, Inc. of Hesperia, California, for the Children's Museum Building Shell Improvements - Project No, PW02-01 CSD - in the amount of $347,881.00 and authorize the President to execute the contract; 4,2 Authorize the General Manager to approve change orders not to exceed the Contingency amount of $52,182.15 which is equal to 15% of the contract amount. 5 Financial Statements for the Fiscal Year ended June 30, 2002 RECOMMENDATION: 5.1 Receive and file the Financial Statements for the Fiscal Year ended June 30, 2002. R:\AgendaI091702 8 DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, September 24, 2002, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\AgendaI091702 9 ';'j<;;; ".!- "',"""""1(;>";;"'" *************,*,*~*:~t:*~,:*'~m"m:~~~~'~n~'~~m~~~,!,t,f~,~f::~0~t[~~~tmr1~~~mmmm' ",' TEMECULA REDEVELOPMENT AGENCY MEETING' . 'T:''"'' ;;:<":"':: ;;"'; "; :' ,:; '" ',: " : :; ***************************************************~***************************************.********************* Next in Order: Ordinance: No. RDA 2002-01 Resolution: No. RDA 2002-09 CALL TO ORDER: Chairperson Jeff Comerchero ROLL CALL AGENCY MEMBERS: Naggar, Pratt, Stone, Roberts, Comerchero 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 August 27, 2002. 2 Financial Statements for the Fiscal Year ended June 30. 2002 RECOMMENDATION: 2.1 Receive and file the Financial Statements for the Fiscal Year ended June 30, 2002; 2.2 .Increase the Debt Service bond proceeds revenue estimate by $23,586,600; 2.3 Increase the Debt Service Fund appropriation for refunding bonds by $12,044,100; 2.4 Increase the Debt Service Fund appropriation for cost of issuance by $997,300. R:\AgendaI091702 10 EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, September 24, 2002, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\AgendaI091702 11 Next in Order: Ordinance: No. TPFA 2002-02 Resolution: No. TPFA 2002-07 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 Temecula Public Financing Authority on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item 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 vour name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of August 13, 2002. RECONVENE CITY COUNCIL MEETING COUNCIL/AUTHORITY BUSINESS 2 Initial Actions relatinQ to formation of Community Facilities District for Crown Hill RECOMMENDATION: 2.1 That the City Council adopt a resolution entitled: R:\AgendaI091702 12 RESOLUTION NO. 02-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING DEPOSIT/REIMBURSEMENT AGREEMENT 2.2 That the Authority adopt a resolution entitled: RESOLUTION NO. TPFA 02-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE TO THE FORMATION OF A COMMUNITY FACILITIES DISTRICT AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO RECESS CITY COUNCIL EXECUTIVE DIRECTOR'S REPORT BOARD MEMBERS' REPORTS ADJOURNMENT R:\AgendaI091702 13 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. 15 Villaqes of Temecula General Plan Amendment (PAOO-0138), Chanqe of Zone (PAOO- 0139), Development Plan (PAOO-0140), Tentative Parcel Map (PAOO-0152) RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 02-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM BASED ON THE INITIAL STUDY AND ADOPTION OF THE ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 15.2 Adopt a resolution entitled: RESOLUTION NO. 02-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PAOO-0138, A GENERAL PLAN AMENDMENT TO REALIGN THE PROFESSIONAL OFFICE (PO) AND MEDIUM DENSITY RESIDENTIAL (M) LAND-USE DESIGNATION BOUNDARIES OF A 23-ACRE SITE, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD, WEST OF COSMIC ROAD, AND EAST OF THE MORAGA ROAD INTERSECTION OF RANCHO CALIFORNIA ROAD KNOWN AS ASSESSOR'S PARCEL NOS. 944-290-012, -013, AND -014, BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT R:\AgendaI091702 14 15.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 02-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PAOO-0139, A CHANGE OF ZONE FROM PROFESSIONAL OFFICE (PO) AND MEDIUM DENSITY RESIDENTIAL (M) TO PLANNED DEVELOPMENT OVERLAY (PDOI AND ADOPTING THE STANDARDS AND REGULATIONS CONTAINED IN THE ACCOMPANYING PDO DOCUMENT, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD, WEST OF COSMIC ROAD, AND EAST OF THE MORAGA ROAD INTERSECTION OF RANCHO CALIFORNIA ROAD KNOWN AS ASSESSOR'S PARCEL NOS. 944-290-012, -013, AND -014 15.4 Adopt a resolution entitled: RESOLUTION NO. 02-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PAOO-0140, A DEVELOPMENT PLAN FOR THE DESIGN, CONSTRUCTION, AND OPERATION OF A 160-UNIT APARTMENT COMPLEX AND EIGHT RETAIL/OFFICE BUILDINGS TOTALING 68,700 SQUARE FEET, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD, WEST OF COSMIC ROAD, AND EAST OF THE MORAGA ROAD INTERSECTION OF RANCHO CALIFORNIA ROAD KNOWN AS ASSESSOR'S PARCEL NOS. 944-290-012, -013, AND -014 15.5 Adopt a resolution entitled: RESOLUTION NO. 02-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PAOO-0152 - TENTATIVE PARCEL MAP NO. 29140 SUBDIVIDING THE SITE FROM THREE LOTS INTO EIGHT LOTS, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD, WEST OF COSMIC ROAD, AND EAST OF THE MORAGA ROAD INTERSECTION OF RANCHO CALIFORNIA ROAD KNOWN AS ASSESSOR'S PARCEL NOS. 944-290-012, -013, AND -014 CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: City Council, Tuesday, September 24, 2002, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\AgendaI091702 15 PROCLAMA TIONS AND PRESENTATIONS .;3 ..... Cil 5 'tl .. cd ~~ .~ 1l t I-< t}'-'- 'tl .2 '" 0 0 ~ 'tl ~:.a 'tl c:l .s.o>> v 8 9'''' cd ~ :0 () .~ U'tl ~ t: v p.. ~51-- ~ v rn $ ~ g 'tl5 i 'tl b ..c:.......... cd :0 ~ ~"O v 0 ..!:l t: ..i:I lea .'" ..b ~ is:;a v .....rJS:s s ,c ~ 'S o I-< ~ r:.;Q)'tl ..... ."" !E.si I rn 5 () ~~~ ~ . rn S B 1l] rn ..... ..!:l .... ~ ~ ~ Q) . ;:l rn () {J ] () {J ..... "'.oC'! 5 ..bel r- () 0 ~ ..i:I 0 r- 5 t:...... 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'tl ;:l 0 ~5 ,c ... ~ 0 Cil c-i ;g~ & rn ..... ..... ..8<"2 cd 0 ..... rn :.a v t:C'! .;3 t: 0 Cil ..b ~ ~ 1l \) () s &8 ~ v .S "2 v v..... ......C'! ..c: rn 0 v .;3 S "2~ . ~ 5 v .~ "\ij ..... ~~ .;3 t: 'tl .;3 ~ ~ > I v B .~ ,g ..... cd ~~ '" ~~ I ~] . ~ ~ .s II i () ~JS ~ ~ .g ~"O .~ ~, ~~ ~ . ~ ~~ ~ 5 B ~ Ii!:;- () O'tl C'I -a~ ;S 5 ITEM 1 ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JULY 23, 2002 After the Closed Session that convened at 5:30 P.M., the City Council convened in Open Session at 7:00 P.M., on Tuesday, July 23, 2002, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Councilmembers: Comerchero, Naggar, Pratt, Stone, Roberts Absent: Council member: None PRELUDE MUSIC The prelude music was provided by Matthew Fagan. INVOCATION The invocation was given by Pastor David Shirley of Church on the Rock. ALLEGIANCE The flag ceremony was presented by Boy Scout Troop No. 384. PRESENT A TIONS/PROCLAMA TIONS National Kids Day Proclamation Ms. Michelle Arerrano, Director of the Boys and Girls Club, and Mr. Chuck Washington, Vice Chairman of the Board for the Boys and Girls Club, were in attendance to accept the proclamation from Mayor Roberts. Paramedic Assessment Squad Presentation Fire Chief Windsor introduced the newly hired fire personnel, as follows: Fire Captain/Paramedic Greg Adams, Fire Fighters IllParamedics Dean Fehler, Ty Davis, Curtis Tate, and Dave Strickler, and Fire Apparatus Engineer/Paramedic Gad Amith; thanked the City Council for its continue support, and welcomed the public to view the new Paramedic Assessment Squad. Special Achievement Award for attaininq Eaqle Scout rank - Aaron Shaw Mayor Roberts presented the Special Achievement Award to Aaron Shaw who, in turn, briefly provided an overview of. his Eagle Scout project. PUBLIC COMMENTS A. Commenting on traffic management and enforcement concerns as it relates to the Winchester/Jefferson Roads intersection, Mr. Michael Angel, P.O. Box 893460, advised that the yellow light is too short and, therefore, creates a clearing problem; he suggested that the green light for on-coming traffic be delayed. R:\Minutes\072302 Mayor Roberts requested that City Manager Nelson follow-up on the matter. B. Ms. Anne Cameron, representing Gateway Computers, apprised the City Council and the public of an upcoming community service event to provide free photo identification of children. CITY COUNCIL REPORTS A. In light of the recent abduction, Councilman Naggar advised that the City Council has taken proactive measures to support AB 415 (Amber Alert Bill); suggested that the City Council consider the adoption of a resolution of support of AB 415; noted that the City has received a $20,000 grant toward a Reverse 911 System; provided information with regard to the Megan Law information that will be available through the City's Website; stated that more in depth information will be available through the County's database at the Old Town Police Store Front location; noted that the Citizens' Action Patrol will be expanded; and advised that he will be contacting the School Board to determine its process in educating families with regard to this matter. B. Addressing the issue of the City generating/distributing its own electricity, Councilman Pratt relayed his support of this concept. Mr. Pratt commended the Musicians' Workshop on its performance of South Pacific; advised that he has been appointed to the Land Use Committee and commented on his efforts to protect the French Valley Airport; and requested that the City Council agendize the 90-day Emergency Traffic Plan for the meeting of August 13, 2002. C. Advising that he had attended the July 18, 2002, Metrolink Rail Station Groundbreaking Ceremony, Mayor Roberts noted that this facility will function as the main Corona station, accommodating approximately 625 parking spaces and two 680' long concrete passenger loading/unloading platforms and noting the project should be completed by October 25, 2002. Mr. Roberts as well advised that next year the Riverside Transit Authority (RTA) Commuter Bus System will go into affect, providing direct access to the MetrolinK by way of the freeway. Commenting on the fatal accident on the south side of Winchester Road (County area), Mayor Roberts advised that 30% of the intersection construction would be the responsibility of the City and the remaining percentage would be the County's responsibility and commented on the County's difficulty in finding funding sources to construct the intersection with signals. D Commending staff on its efforts associated with the purchase of the second paramedic squad, Mayor Pro Tem Stone advised that the City has its own independent paramedic service which competes with the County provider, advising that the paramedics are trained on needle tracheotomy and that both City squads are equipped with Fire GIS systems. E. Reiterating the City's continued efforts to ensure that infrastructure be developed prior to County development, Councilman Comerchero echoed Mayor Roberts' comment with regard to the Winchester Road (County area) intersection. In addition to Councilman Naggar's comments with regard to the City's proactive measures with regard to informing the public of Megan's Law, Councilman Comerchero encouraged the public to become involved with the Neighborhood Watch Program through the Police Department. In closing, Mr, Comerchero advised that Mayor Roberts and he had been appointed, by Congressman Issa, to the Transportation Advisory Committee. R:IMinutes1072302 2 CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda, 2 Approval of Minutes RECOMMENDATION: 2.1 Approve the minutes of June 11, 2002. 3 Resolution Approvinq List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 02-64 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 Statement of Investment Policy RECOMMENDATION: 4.1 Adopt the Treasurer's Statement of Investment Policy as proposed by staff which provides safety, liquidity and yield for City funds. 5 Consideration of Cost-Sharinq Aqreement with Save Southwest Riverside County (SSRC) for ConsultinQ Services RECOMMENDATION: 5.1 Approve a Cost-Sharing Agreement with Save Southwest Riverside County (SSRC) for Consulting Services in a matter of the Application of the San Diego Gas & Electric Company for a Certificate of Public Convenience and Necessity for the Valley-Rainbow 500 KV Interconnect Project, in an amount not-to-exceed $25,000. 6 Sister City Monument Dedication In Honor of September 11 RECOMMENDATION: 6.1 Approve the Temecula Duck Pond as the permanent installation location of our Sister City monument "Singing In The Rain" to commemorate the tragedies of September 11, 2001. R:\MinutesI072302 3 7 Parcel Map No. 30178. located on the east side of Orsmby Road and north of Santiaqo Road RECOMMENDATION: 7.1 Approve Parcel Map 30178 in conformance with the conditions of approval; 7.2 Approve the Subdivision Improvement Agreement; 7.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. 8 Approval of Cooperative Aqreement with the Temecula Redevelopment Aqency for Construction and Fundinq of the Mercantile Buildinq Seismic Retrofit (Community Theater) - Proiect PW01-20 RECOMMENDATION: 8.1 Approve an Agreement entitled "Cooperative Agreement" between the City of Temecula and the Redevelopment Agency of the City of Temecula for construction and funding of the Mercantile Building Seismic Retrofit (Community Theatre) - Project No. PW01-20; 8.2 Authorize the Mayor to execute the Agreement on behalf of the City in substantially the form attached to the Agenda Report. 9 Annual Professional Service Aqreements for Real Estate Appraisal Services for various Capital Improvement Proiects for FY 2002-2003 RECOMMENDATION: 9.1 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; 9.2 Approve an agreement with Mason & Mason Real Estate Appraisers & Consultants in an amount not to exceed $30,000 to provide as needed real estate appraisal services: 9.3 Authorize the Mayor to execute the agreements. 10 Annual Professional Service Aqreements for Geotechnical and Material Testinq Services for various Capital Improvement Proiects for FY 2002-2003 RECOMMENDATION: 10.1 Approve an agreement with EnGEN Public Works Services, LLC in an amount not to exceed $60,000 to provide as needed geotechnical and materials testing services; 10,2 Approve an agreement with Kleinfelder, Inc, in an amount not to exceed $60,000 to provide as needed geotechnical and materials testing services; R:IMinutesI072302 4 10.3 Authorize the Mayor to execute the agreements. 11 Annual Professional Service Aqreements for Enqineerinq and Construction Survey Services for various Capital Improvement Proiects for FY 2002-2003 RECOMMENDATION: 11.1 Approve the annual agreement with Kevin Cozad & Associates, Inc. in an amount not to exceed $60,000 to provide as needed engineering and construction survey services; 11.2 Approve the annual agreement with Project Design Consultants in an amount not to exceed $60,000 to provide as needed engineering and construction survey services; 11.3 Authorize the Mayor to execute the agreements. 12 Amendment NO.5 to Professional Services Aqreement - DMJM+HARRIS Pechanqa Parkway (formerly known as Pala Road) Improvements - Phase II. Proiect No. PW99-11 RECOMMENDATION: 12.1 Approve Amendment NO.5 to the Professional Services Agreement with DMJM+HARRIS in the amount of $20,103.75 to provide additional project management and field surveying services, and authorize the Mayor to execute the amendment; 12.2 Authorize the City Manager to approve change orders above the original 10% contingency approved by City Council on November 16, 1999 by an additional 5% (or $28,980.00) 13 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for Citywide asphalt Concrete Repairs for FY2002-2003, Proiect No. PW02-04 RECOMMENDATION: 13.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Asphalt Concrete Repairs for FY2002-2003, Project No. PW02-04. 14 Resolution of support for the passaqe of Measure A on the November. 2002 ballot RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 02-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE PASSAGE OF MEASURE A ON THE NOVEMBER, 2002 BALLOT R:\MinutesI072302 5 15 Morqan Hill Proiect Mitiqation Aqreement. Approval of Joint Community Facilities Aqreement 15.1 Adopt a resolution entitled: RESOLUTION NO. 02-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED JOINT COMMUNITY FACILITIES AGREEMENT AMONG EASTERN MUNICIPAL WATER DISTRICT AND CITY OF TEMECULA AND MCMILLIN MORGAN HILL, LLC 16 Second Readinq of Ordinance No. 02-03 RECOMMENDATION: 16.1 Adopt an ordinance entitled: ORDINANCE NO. 02-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF TEMECULA MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1 - 16. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Mayor Pro Tem Stone who abstained with regard to Item Nos 7 and 8 and Mayor Roberts who abstained with regard to Item NO.2 At 7:39 PM., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency and after a short recess, the City Council Meeting resumed will regular business at 8:19 P.M. PUBLIC HEARING 17 Remove a Condition of Approval on Amendment NO.7 of the Paloma del Sol Specific Plan (Planninq Application No. 02-0299) Recommendation: 17.1 Adopt a resolution entitled: RESOLUTION NO. 02-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REMOVING A CONDITION OF APPROVAL FOR AMENDMENT' NO. 7 OF THE PALOMA DEL SOL SPECIFIC PLAN, ALSO KNOWN AS PLANNING APPLICATION NO. 99- 0285 (PLANNING APPLICATION NO. 02-0299) R:IMinutes1072302 6 Planning Director Ubnoske reviewed the staff (of record), noting that the existing interim detention basin will remain and that staff recommends removal of Condition NO.7 (the Butterfield Stage Interceptor ultimate improvements shall be built, or the City Council, following a public hearing, determines that significant improvements have occurred in the negotiations for a reasonable compromise, at which time, the Council has authority to issue building permits for Parcel Map No, 29431, Parcel 6 and 7 (Planning Areas 6A and 6B), consisting of 508 multi-family units. The City shall process the request for a public hearing, if needed, as a "no fee" application. [Amended by the City Council, November 9,1999, and modified by the City Council November 16,1999].) At this time, Mayor Roberts opened the public hearing. Having reviewed the staff report, Mr. Sam Alhadeff, 43460 Ridge Park Drive, #270, Temecula, relayed his concurrence with staff's recommendation, noting the following: . That there have been two years of negotiations; . That the last definitive study by the Transportation Department of the County of Riverside (copies provided - dated January 28, 2002) concluded the Coronas' desire to have the Interceptor Channel constructed in such a fashion to protect their entire 160 acres even including property outside of the City of Temecula and Assessment District; . That the necessary funds to complete the improvements are not available; . That there would not be a nexus to the Coronas' request. In response to City Council comments, Mr. Alhadeff responded as follows: . That it would be the position of the County Flood Control District, the County of Riverside, the Transportation Department, and City staff that the interim detention basin (as per Condition No. 40) is working and protecting the property; . That Condition No. 40 may not be removed nor is Newland Communities seeking to remove the condition; that the interim detention basin must remain in place until such time as the Butterfield Interceptor Channel or some other adequate facility is built to convey offsite storm flows to the Temecula Creek; . That the lawsuit will to trial in late September; . That Assessment District Nos. 159 and 161 surround the City of Temecula and that there would be no dispute with the challenges of the management of these Districts; . That the Coronas are not desirous of the originally designed improvements because it would not protect their entire 160 acres only 19 acres; . That the Coronas are unwilling to place their remaining 140 acres into a new assessment district plus the 19 acres which are currently in the old assessment district; . That the Coronas' property, at present, is not zoned for residential. Mr. Dennis O'Neil, 19900 MacArthur Boulevard, Irvine, representing Newland Communities, advised that he was present to answer questions. Ms. Michele Staples, 4 Park Plaza, 16th Floor, Irvine, representing the Corona Family, noted the following: . That Condition NO.7 placed a hold on 508 units until one of two circumstances have been met: either that the Butterfield Stage Interceptor Channel ultimate improvements are built or other significant improvements have occurred in the negotiations for a reasonable compromise; that the purpose of the condition was to ensure that the project does not get built out without construction of the Interceptor facility; that neither of the two circumstances have been met; R:IMinutes1072302 7 . That the Assessment District, after two years of negotiations, has been unable to reach a resolution; . That Condition No. 40 does not mitigate flooding to the Corona Ranch because water runs downhill; that the detention basin is downhill from the Corona property; that new filling of the former drainage area serves as a damn and, thereby, backing water up onto the Corona property and, therefore, it remains in a Flood Control Hazard condition which includes preexisting commercial buildings at the corner of Butterfield Stage Road and Highway 79; . That the recommended action would be retaliation against the Coronas for exercising their First Amendment rights to access the courts and enforce the condition of approval and mitigation measures on the Newland project; . That the Coronas filed litigation in February 2002 and that, thereafter, Newland Communities submitted the application for removal of Condition No.7; . That the staff report misrepresents the Coronas position; that the Coronas are not desirous for flood protection for their entire property at Newland's expense; that the Coronas' position is if Newland Communities would like a facility on the Corona property, then that facility would need to be sited in a way that it does not interfere with existing agricultural business or future plans to develop the property; that if that were unacceptable to Newland Communities, Newland should place the facility on its own property; . That CEQA, Government Code, City ordinances, and General Plan violations would occur if the condition were deleted. In response to the City Council, Ms. Staples noted the following: . That the nexus to retain this condition would be between the permits withheld and potential flooding of the property; that the parcel map is expressly linked to the condition of the Specific Plan; that the condition of the Specific Plan requires the construction of the Interceptor Channel prior to the development of the downstream properties; . That many downstream properties have already been constructed and that the Interceptor Channel is not in place; that the Specific Plan is out of compliance with the conditions of approval; . That the original condition on the Specific Plan and these parcel maps require Newland Communities to construct the Interceptor facility; . That versus denying project approvals, the City Council may choose to impose an additional condition on the project, as a safety net, to attempt to ensure compliance with the condition; . That Newland Communities has not agreed to a culvert facility on Newland property, which would as well relieve flood conditions; . That if a reasonable compromise were not achieved, the 508 units should not be constructed until Newland constructs the Interceptor Channel; . That with regard to litigation, although a Council subcommittee had been formed, no meetings had been scheduled and that the filing deadline for litigation was approaching; that Newland declined to enter into a Tolling agreement (extending time in which a lawsuit may be filed); · That the Coronas are not willing to dedicate their land, business, income to solve this developer's problem; that the Coronas would prefer the construction of a culvert under Butterfield Stage Road and an open channel on Newland's property; that the Coronas have compromised to the construction of a channel on their property as long as it is sited in a way that it does not impact current agriculture business or future development. Mr. Steve Co~ona, 33320 Highway 79, Temecula, reviewed the amendments to the Paloma del Sol Specific Plan along with a resolution to form a subcommittee (Comerchero and Stone) to address the Butterfield Stage Interceptor Channel, noting that there had been no communication from the subcommittee and, therefore, no other alternative was available but to file a lawsuit. Mr. Corona proceeded with his opinion as to why not to remove the condition, noting the following: R:IMinutes1072302 8 . That Newland Communities is not entitled to use Corona property to meet flood mitigations; . That two alternatives, with the least amount of damages, have been proposed on the Corona property -- a buried box culvert through the middle of the property which was deemed as unfeasible by Flood Control and the eastern facility; . That the facility be built on Newland property with no benefit to the Coronas; . That there are insufficient monies in the District to build any facility regardless of location; . That in 1999, Newland pledged $3.5 million in additional bonds to build the facility but such funding has to date not been provided; . That the proposed location of the facility was determined by the developer not the Coronas nor AD 159; . That none of the Coronas 165 acres is located within a 1 OO-year flood plane only the portion that has been caused by the filling of the natural basin on Newland property. Mayor Pro Tem Stone relayed his dismay with receiving lengthy packets the night of the meeting, not giving the City Council ample review time. Mr. Stone as well objected to Ms. Staples' retaliation comment, stating that the court will be deciding the outcome in two months and that a drainage facility could have been built on the Corona property but that the Coronas choose to not have the facility on the proposed site. In response to Mayor Pro Tem Stone, Mr. Alhadefffurther clarified the Tolling Agreement, commented on Newland's objection to a waiver of rights, and noted the following: . That Newland did not construct Butterfield Stage Road; that the District and the County constructed this road; . That the District/County have recommended that the channel be located on the Corona property to protect the District but that the Coronas are not desirous of having that channel placed on their property because they oppose the construction of an open channel because it would interfere with the farming operation; . That the developer has dedicated property for the detention basin - 33 acres. For the City Councilmembers, Mr. Alhadeff noted the following: . That 19.17 acres of the Corona property is located in the Assessment District and that the proposed channel would be located within those acres; . That the purpose of an Assessment District would be to provide regional infrastructure to ensure development may proceed; . That the Coronas have a deferral agreement with regard to their assessments and that all associated properties have agreed to that agreement; . That the County could have and may at any time exercise the power of eminent domain but have been reluctant to do so because of lawsuit threats; . That on January 28, 2002, the Assessment District and the County issued the Butterfield Stage Road East Interceptor alternative analysis, summaries, and cost estimates; that the analysis was unacceptable to the Coronas because of insufficient funding; . That City Council action this evening will not preclude the court from taking action. There being no additional public input, at 9:17 PM., Mayor Roberts closed the public hearing, Reiterating that the City Council will not be judge and jury in terms of the proposed Interceptor Channel, Councilman Comerchero noted that the City Council must address public safety; that the 33-acre detention basin provide flood control to the City; that safety concerns are not in question; that the purpose of originally imposing Condition NO.7 was for the purpose of negotiation in order to formulate a resolution; that it was always the City Council's intent to release this condition; and that R:IMinutes1072302 9 the condition should be released at this time considering negotiations were attempted with the involved parties. Concurring with Councilman Comerchero's comments, Mayor Pro Tem Stone noted that, in his opinion, there is no nexus; stated that the Assessment District language is vague; questioned why the Coronas would place 19 acres of their property into the Assessment District when they are not desirous of having a channel built on their property; and relayed his concurrence with the staff recommendation, Councilman Pratt noted that there would be a nexus in the form of a bond to ensure the channel would be constructed. Being of the opinion that the decision of location of the channel is that of the County and that the County should make this decision, Councilman Naggar reiterated that the City Council's action will not harm the Coronas considering the court will be considering the matter in two months and in light of Condition No. 40 (interim detention basin); that flood control measures are in place; that filing the lawsuit renders Condition NO.7 mute, noting that negotiations between the parties have stopped; that there is not a nexus between withholding the 508 units and flood control; and that the City does not have an obligation to preserve the future development of the Corona property beyond its current agricultural use, MOTION: Mayor Pro Tem Stone moved approve the staff recommendation. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Councilman Pratt who opposed, COUNCIL BUSINESS 18 Consideration of Fundinq Mechanism for the Acquisition of Open Space (Placed on the agenda at the request of Councilmember Naggar.) RECOMMENDATION: 18.1 Discuss this matter and provide direction to Staff. Councilman Naggar reviewed the staff report (of record), commenting on Mayor Pro Tem Stone's earlier suggestion that once the $10 million threshold of reserves is met that monies be set aside for the purchase of open space; noting that the City Council had made this commitment in its recent budget approval; and suggesting that the City Council define open space and as well identify possible funding sources. Relaying his desire to acquire open space within the City as well as around the City perimeter while available, Mayor Pro Tem Stone noted that the City's annual contributions to open space will increase; suggested that a Transient Occupancy Tax (TOT) survey be completed to determine the City's position; and recommended that a subcommittee be formed to identify potential open space properties. Concurring with the formulation of a subcommittee, Councilman Comerchero offered to serve on the committee and noted the following: . That it would be critical to define open space as well as define the desired amount of open space (developed parkland, natural habitat, trails, natural park-like setting, etc.); . That future mitigation agreements be considered R:\MinutesI072302 10 . That a Transient Occupancy Tax survey should be completed to consider the possibility of raising the tax, noting that this tax is not paid by the City residents but by individuals from outside the City/Region. Commending Councilman Naggar for placing this item on the agenda, Mayor Roberts concurred with the formulation of a subcommittee and relayed his support of the concept. Having previously recommended this concept as a proposed ballot measure, Councilman Pratt relayed his support and as well suggested the consideration of purchasing/annexing buffer parcels such as the wineries to Vail Lake. Reiterating previously made comments, Mayor Pro Tem Stone spoke in support of formulating a subcommittee so that the committee work with staff to define open space as well as the amount and type of open space, methods of purchase, and identification of site. MOTION: Councilman Comerchero moved to form a subcommittee (comprised of Councilman Naggar and Mayor Pro Tem Stone) in order to work with staff to formulate an overall policy with regard to the acquisition of open space for City Council review. The motion was seconded by Mayor Roberts and voice vote reflected unanimous approval. . DEPARTMENTAL REPORTS None. CITY MANAGER'S REPORT Echoing his support of the formulation of an Open Space Subcommittee, City Manager Nelson expressed his excitement with the project and noted that he would envision citizen support in terms of raising funds for the purchase of open space. CITY ATTORNEY'S REPORT With regard to the real estate matter, City Attorney Thorson noted that City Council provided direction to staff but that final action would be taken at a public hearing and that there were no other items to report with respect to Closed Session. ADJOURNMENT At 9:51 P.M., the City Council meeting was formally adjourned to Tuesday July 30,2002, at 6:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California, for the purpose of a Joint City Council of Temecula/City Council of Murrieta Workshop. ATTEST: Ron Roberts, Mayor Susan W, Jones, CMC City Clerk [SEAL] R:IMinutesI072302 11 MINUTES OF AN ADJOURNED REGULAR JOINT CITY OF TEMECULA/CITY OF MURRIETA WORKSHOP JULY 30, 2002 CALL TO ORDER The City Councils of Murrieta and Temecula convened in an adjourned regular joint workshop at 6:01 P.M., on Tuesday, July 30, 2002, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ROLL CALL City of Temecula Present: Councilmembers: Comerchero, Naggar, Pratt, and Roberts Absent: Council member: Stone City of Murrieta Present: Council members: Enochs, van Haaster, Youens, and Ostling Absent: Council member: Seyarto ALLEGIANCE The audience was led in the Flag salute by Councilman Enochs. PUBLIC COMMENTS No comments. COUNCIL BUSINESS 1 Discussion of Riverside County Inteqrated Plan (RCIP) and Transportation Issues RECOMMENDATION: 1.1 Discuss RCIP and Transportation issues. It is noted that this item was considered after consideration of Item No.2; see page 4. 2 Discussion of SDG&E Vallev Rainbow Interconnect Proiect RECOMMENDATION: 2.1 Discuss the SDG&E Valley Rainbow Interconnect Project City Manager Mandoki, representing the City of Murrieta, provided a brief overview of the manner in which the City of Murrieta has addressed the SDG&E Valley Rainbow Interconnect Project, advising that on July 16, 2002 the Murrieta City Council approved an agreement with R:IMinutes1073002 Save Southwest Riverside County (SSRC) to fund up to $75,000 towards the cost of needed additional experts. Assistant to the City Manager Yates, representing the City of Temecula, presented an update on the status of the project, relaying that the project had two phases, that the first phase was to determine whether there was a need for the project, that if the Public Utilities Commission (PUC) determined there was a need, hearings would continue and the project would enter the second phase which would determine the location of the line; advised that the Administrative Law Judge hearings concluded in May whereas the City of Temecula, SSRC, SDG&E and others provided information, that closing briefs were due on August 5th, that closing arguments were scheduled for August 20th, that the City of Temecula would be participating in these phases as well, that the judge's decision (which was advisory to the PUC) was expected after the closing arguments; noted that the PUC has scheduled tentative dates for the second phase of the project (in the case it was determined that the second phase will be entered), that October 21 5t was the tentative date scheduled for SDG&E to provide their Opening Brief, that the cities have until November 18th to file their briefs; relayed that the City's current efforts were focused on advocacy and public information and that the City of Temecula's website had information regarding the project as well as a draft letter to the Governor (addressing concerns regarding the project) which the public could access; and for Councilman Comerchero, advised that if the project enters the second phase, staff would obtain additional information regarding Congressman Issa's Bill (HR. 3476). Ms. Barbara Wilder, representing Save Southwest Riverside County (SSRC) provided a detailed overview of the project's process, relaying the following: . Noted her pleasure and thanks that the Cities of Murrieta and Temecula have joined together in addressing this particular project; Provided additional information regarding the project's course, relaying that Phase I of the project concluded with the last day of evidentiary hearings on May 16th, that expert witnesses provided by SSRC, the City of Temecula, and the Pechanga Band of Luiseno Mission Indians appeared at the hearings and provided testimony which was compelling and impressive; . That if required to go to Phase II, additional aid for the expert witnesses' fees may be needed at that time; . That at this time the parties to the proceedings are preparing their briefings for Phase I, that attorneys for SSRC, the City of Temecula, and the Pechanga Band of Luiseno Mission Indians have been cooperating in preparing the Briefs for Phase I which asserts that the Valley Rainbow Project is not needed and should be denied by the Commission at this time based on the evidence and testimony submitted during the May hearings; . That the Opening Brief was filed on July 12th which presented arguments demonstrating that the project was not needed and should be denied; that the Reply Brief was to be filed by August 5th which responds to arguments made by the Independent System Operator (ISO) and SDG&E in the Opening Briefs in Phase I, and that closing arguments before the PUC were scheduled for August 20th at which time it would be argued that the project should be denied; . That it is not clear when a decision would be issued on the "need" question addressed in Phase I; R:IMinutes1073002 2 . That the project could be denied at this time, that no decision could be made and the project could proceed to Phase II, or that it could be determined there was a need for the project and then the project would proceed to Phase II; noted that deadlines for testimony and briefing for Phase II of the proceeding were set by the Commission at the onset of the proceeding, the earliest of which would be this fall; . That the City of Murrieta has joined the Cities of Hemet and Temecula with funding to hire public relations experts as well as other experts to research avenues to bring attention to the cause, that SSRC's attorneys and the joined cities and their attorneys were planning strategy for potential future phases of the Valley Rainbow proceedings, that SSRC was continuing to build alliances with organizations which would assist in the public process, that due to letter-writing campaigns potentially more than 2,000 letters will have been sent to the Governor by the end of August, and that the City of Temecula's website has a sample letter to the Governor, encouraging the City of Murrieta to also have the draft letter (to the Governor) available on its website; . That fundraising efforts continue to pay the attorneys' fees; and . That the efforts of SSRC's volunteers and staff have been very diligent, taking the time to attend meetings and community forums to inform the public of the concerns associated with the project, and to engage the media to cover this issue. Councilman Enochs, echoed by Councilman Comerchero, thanked the SSRC for all their assiduous efforts regarding this particular project. In response to Councilman Enochs, Ms. Wilder relayed that it would be helpful if the City of Murrieta had a section of its website dedicated to this issue, as well as assisting in eliciting the support of developers; for Councilman van Haaster, noted that via contact with her, additional information could be obtained regarding the project; and for Councilman Comerchero, advised that it was her understanding that Congressman Issa was supporting the western route, noting that the matter was being investigated. Mayor Roberts noted his dismay with the lack of support by the County Board of Supervisors regarding this issue (opposition to the project); relayed the concerns of the Temecula Valley Winegrowers Association (based on quarterly meetings he has attended) associated with the SDG&E Valley Rainbow Project due to the potential loss of millions of dollars in lost future revenue, which would also impact the County. For Mayor Roberts, Ms. Wilder provided information regarding SSRC's meeting with Supervisor Venable whereby technical data regarding the lack of need for the project was presented; advised that if SSRC would be open to any recommendations the Council members had on avenues to further address the issue with the Supervisors. In response to Councilman Pratt, Ms. Wilder confirmed that the costs associated with implementing high voltage underground facilities were the concern of SDG&E. For Councilman Pratt, SSRC staff indicated that the Draft Environmental Impact Report (EIR) associated with Phase II of the project includes an alternative regarding under grounding the lines. R:IMinutes1073002 3 Ms. Mary Ann Edwards, representing Citizens Alliance for Reliable Enterprise (CARE), advised that if the PUC determined that there was a need for the project, CARE would support the easterly remote route which traversed through the Cleveland National Forest, noting CARE's fear that if "need" was determined and an alternate route had not been identified and explored; provided additional information regarding the Forest Service's lack of support for the western route, copies of CARE's correspondence regarding the project, and various additional documentation. For Councilman Comerchero, Ms. Edwards clarified that in all CARE's communications it was stated that the support for the easterly route was only in the case it was determined that there was a need for the project; confirmed that CARE has not take a specific position opposing the need for the project, relaying that it was the aim of CARE to fill the void whereupon if it was ultimately determined that there was a need for the project, there would be expressed support of an alternate location for the line. Councilman Comerchero, echoed by Councilman Pratt, noted his concern specifically due to CARE not clarifying its opposition to the project, and advocating a specific route, that passive approval of the project was being provided. For Councilman Naggar, Ms. Edwards provided additional information regarding the CARE organization. Councilman van Haaster relayed a desire for the Murrieta Council members to meet with CARE organization representatives in order to gain a better understanding as to the organization's direction. For Mayor Roberts, Temecula City Manager Nelson relayed that staff would provide additional information regarding CARE, and its correspondences associated with the project. At this time the Councils considered Agenda Item NO.1. 1 Discussion of Riverside County Inteqrated Plan (RCIP) and Transportation Issues RECOMMENDATION: 1.1 Discuss RCIP and Transportation issues. Relaying various transportation issues associated with the Riverside County Integrated Plan (RCIP), Director of Public Works Hughes, representing the City of Temecula, specified the following: > That per the. County's analysis, the freeway corridors (the 1-15 and the 215) will be experiencing a great increase in traffic with the development of the County over the next 25 years; > That in the year 2025 there could be more than 240,000 vehicle trips on the 1-15 Freeway, south of the "Y," and at build out more than 340,000 trips per day. > That while the majority of the arterial systems within Southwest Riverside County was anticipated to be operating at relatively satisfactory levels of service according to the County's data, that typically the impacts to the arterial systems were substantial when the major backbone infrastructure was failing. R:\MinutesI073002 4 That the City of Temecula has had numerous meetings with County staff regarding the land use proposals; That it would take a multi-dimensional approach to attempt to accommodate the grow1h of Riverside County, and that the following would be important components: seeking job development in our communities to balance the commuter issues, implementation of Park and Ride facilities, Measure A funds, and the Transportation Uniform Mitigatjon Fees (TUMF); > > > Provided the status of two important transportation projects, as follows: o The French Valley Interchange Project which was recently approved by Caltrans via a preliminary project study report; noted that efforts would next be expended to develop a project report, as well as conducting design and environmental work necessary; that funding sources would need to be identified (I.e., Measure A, TUMF, local funding); that this particular project was critical (to both cities) in balancing the County impacts; noted the commitment of over $5 million in City funds to accelerate various right-of-way acquisitions for this project; and provided additional information regarding the associated improvements the Harveston Project will be required to implement with development; and o The Eastern Bypass Project which has been a CET AP corridor under study by the County; relayed that efforts have been made to identify that the project is needed to help balance the projected volumes on the 1-15 and the 215 Freeways; that as to the specific location, the City of Temecula was opposed to the current identified location of Butterfield Stage Road; that since the land uses the County intends to develop would be generating the high volumes of traffic, it was the opinion of City staff that it was the County's responsibility to identify a north/south corridor to alleviate those impacts, but not at the expense of the Temecula residents. Via overheads, Environmental and Transportation Planning Manager Miller, representing the City of Murrieta, provided a general update regarding the RCIP, noting the three primary components of the plan, as follows: > The Multi-Species Habitat Conservation Plan (MSHCP), which encompassed the aim to acquire an additional 153,000 acres of priyate property, noting that this plan only includes U.s. Fish&Wildlife clearance, that regarding the funding for this project, there would be a Habitat Fee, Measure A funds would be impacted, as well as TUMF fees mostly likely being contributed to this plan. > Community and Environmental Transportation Acceptability Process (CETAP), which would encompass funding work for two of the seven studied corridors; provided additional information regarding the need for an eastern bypass; noted that CETAP was identified in Measure A; and emphasized the importance of acquiring right-of way. > The General Plan Update which would encompass the development of a Zoning Map; noted that once the Zoning Map was produced there was a commitment to a five-year moratorium for amendments to the General Plan; provided additional information regarding the goal to create community centers which were more pedestrian-friendly; advised that with R:\Minutes\073002 5 the General Plan Update the County would also be updating the Circulation Element; and highlighted the anticipated traffic volumes. For Councilman Enochs, Mr. Miller relayed that approximately 500 acres in the City of Murrieta would be included in the additional 153,000 acres in the MSHCP; in response to Mayor Roberts' comments regarding the similar impacts to residents if a route was developed on Butterfield Stage Road or on Clinton Keith Road, advised that the route (eastern bypass) developed would need to be an expressway with medians and restricted access to adequately address the traffic impacts. In response to Mayor Roberts' request, Mr. Hughes provided an overview of the most recent discussions regarding the eastern bypass, noting that during discussions regarding developing the routes which would be funded by Development Impact Fees via TUMF, the City of Temecula has been supporting a four-lane expressway system which would be a north/south corridor to the east of the City and would ultimately connect back to the 1-15 Freeway south of Temecula, reiterating the opposition to this route being developed along Butterfield Stage Road; and noted the importance of TUMF being one of the funding mechanisms for the corridor, advising that potentially $120,000 million could come from this funding source towards the development of the corridor. Councilman van Haaster recommended that there be a formal joint (including the Cities of Murrieta and Temecula) effort to address the corridor issue in order that the Cities become active proponents with a recommended solution. Councilman Enochs relayed that since constructing a corridor route of this magnitude would be an extremely timely process, that the cities should support a solution to mitigate the impacts of the anticipated trips on the freeway before it is too late. For Councilman Enochs, Mr. Hughes relayed the rationale for the proposal to develop a 4-lane expressway and the support received by the associated entities. Concurring with Councilman van Haaster, Councilman Comerchero advised that it would be' beneficial to form a Joint MurrietalTemecula Subcommittee in order to explore regional transportation issues. For informational purposes, Mr. Miller advised that joint comments should be relayed by approximately September 1, 2002. Councilman Pratt noted the importance on focusing on transit (e.g., bus rapid transit) and not the building of additional roadways. It was the consensus of both Councils to agendize the issue (on the subsequent City Council agendas) to form a Subcommittee with two members from each City's Council to address the discussed regional transportation issues. Mayor Pro Tem Youens noted the strength of working together to address these critical issues. Mayor Roberts recommended that the Subcommittee discussions include Metrolink, as well as high-speed rail issues. Councilman Naggar commented on the negative impacts to the cities due to development in the French Valley, with no provisions for libraries and parks, and the City's commitment of $5 million R:IMinutes1073002 6 for a regional project, the French Valley Parkway; and complimenting the City of Murrieta regarding the Jefferson Road Widening Project, queried the Murrieta Council and staff as to the anticipated timing of extending Ynez and Diaz Roads into Murrieta. For Councilman Naggar, Councilman van Haaster relayed that although there was concurrence that the Diaz and Ynez Roads Extension Projects were necessary, that the City of Murrieta does not have funding at this time to address the increased resulting traffic these projects would generate in the City of Murrieta. Mr. Miller, echoed by Councilman Enochs, noted the City of Murrieta's priority projects which encompassed eight freeway interchanges and the three bridge projects, confirming that Murrieta does not have the necessary facilities to accept the additional traffic if these roads were extended at this time. Councilman Comerchero recommended that the Diaz and Ynez Roads Extension Projects be agendized as a discussion topic for the Subcommittee in order that an expected timeframe could be developed; and provided additional information regarding efforts to obtain funding for the Date/Cherry Streets Interchange, recommending that there be a joint (with both Cities and the County) recommendation forwarded to Congressman Issa regarding the half funding of the project. In response to Councilman Comerchero , Councilman van Haaster relayed that while the City of Murrieta was not opposed to the Interchange Project that there were concerns regarding the relative phasing and funding. It was determined that the Interchange Project would be added to the Subcommittee's Agenda. With respect to the RCIP, Temecula City Manager Nelson relayed that it was critical that the County be encouraged to have an infrastructure-phasing plan connected with the issuance of certain building permits. Councilman van Haaster advised that if the cities of Southwest County worked together, speaking as one voice, it would have a significant impact on Riverside County; and with respect to Councilman Pratt's point of view regarding traffic issues, relayed that he reads the data Councilman Pratt (orwards him, concurring that even after billions of dollars have been spent on infrastructure, the projected traffic impacts for 20 to 30 years from now were dismal, advising that as soon as this fact was realized, traffic alternatives would be more likely to be considered. In response to Councilman van Haaster, Councilman Pratt noted the importance of focusing on transporting people (via alternate modes of transit) verses the focus being on moving cars, advising that this has been accomplished in other cities and could be accomplished here. Mayor Pro Tem Youens concurred with the benefits of the two cities working together to jointly address these critical County issues, Councilman Comerchero concurring that efforts should be expended to move forward as a cohesive unit. It is noted that Item No.2 was considered prior to consideration of Item No.1; see page 1. At this time the Councils considered Agenda Item No.3. 3 General Discussion With respect to obtaining funding for much-needed transportation projects, Councilman van Haaster reiterated the importance of forming a joint political force in Southwest Riverside R:IMinutes1073002 7 County to more effectively influence Measure A, Riverside County Transportation Committee (RCTC) and Western Riverside County Council of Government (WRCOG) issues, and to ensure that the Southwest County's point of view was well represented. Additional discussion ensued regarding the roles of WRCOG and RCTC. Mayor Pro Tem Youens noted his gratitude to both City's staff for their efforts organizing this joint meeting, recommending that the joint meetings be held bi-annually at a minimum. ADJOURNMENT At 7:59 P.M., Mayor Roberts formally adjourned the Joint City Council/Planning Commission Workshop to the next Temecula City Council regular meeting on Tuesday, August 13, 2002, 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Ron Roberts, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:\MinutesI073002 8 ITEM 3 RESOLUTION NO. 02-_ 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 $3,438,338.68. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 17th day of September, 2002. Ron Roberts, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R/Resos2002/Resos 02- 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. 02-_ was duly adopted at a regular meeting of the City Council of the City of Temecula on the 17th day of September, 2002 by the following roll call vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos2002/Resos 02- 2 I I I CITY OF TEMECULA LIST OF DEMANDS 08122/02 TOTAL CHECK RUN: 08130102 TOTAL CHECK RUN: 09/05102 TOTAL CHECK RUN: 08129/02 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR D9/17/D2 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 165 190 192 193 194 210 261 280 300 320 330 340 390 460 470 001 165 190 192 193 194 280 300 320 330 340 GENERAL FUND RDA-LOWIMOD INCOME HOUSING COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D CAPITAL IMPROVEMENT PROJ. FUND CFD 88-12 ADMIN EXPENSE FUND RDA-REDEVELOPMENT INSURANCE INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES RDA DEBT SERVICE CFD 88-12 DEBT SERVICE FUND CFD 98-1 ADMIN EXPENSE FUND GENERAL FUND RDA-LOW/MOD INCOME HOUSING COMMUNITY SERVICES DISTRICT TCSD SERViCE LEVEL B TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D RDA-REDEVELOPMENT INSURANCE INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES PREPARED BY RETA WESTON, ACCOUNTING SPECIALIST TOTAL BY FUND: "'-'-:it= I SSI~NCE DIRECTOR SHAWN NELSON, CITY MANAGER $ 374.328.62 2,292,941.33 471,265.76 299.802.97 $ 3,438,338,68 $ 776.409.12 19.202.88 210.233.18 49.81 65.380.84 417.46 218.510.05 5.614.75 19,896.51 14.782.06 49.965.00 3.357.57 23.175.08 100.00 1,095,376.51 636,064.89 $ 3,138,535.71 $ 196,269.32 4,670.65 75,569.26 73.54 4,251.78 621.65 2,032.27 985.98 8,117.22 1,921,65 5,289.65 299,802.97 $ 3,438,338.68 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT . HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT, apChkLst Final Check List Page: 1 0812212002 .3:09:59PM City of Temecula Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 78784 8122/2002 003157 A M A /KEY PRODUCTIVITY Front desk Security Sem: 1 0/15 & 10/1 507.00 507.00 78785 8122/2002 005288 AOAMS, GREG Reimb:Rvsd Paramedic Certification 75.00 75.00 78786 8122/2002 002877 AL TA LOMA CHARTER LINES Excursion bus svc:Knott's 1,684.20 Excursion bus svc:Skate City 320.80 2,005.00 78787 8122/2002 000101 APPLE ONE, INC. Acosta temp help PPE 08103 1,060.00 Arreola temp help PPE 07/06102 897.00 1,957.00 78788 8122/2002 003203 ARTISTIC EMBROIDERY Activewear inventory Team Pace 627.50 Finance dept staff shirts 362.04 Creditorder missing one shirt -25.86 963.68 78789 8122/2002 005197 ARTUKOVICH, JERRY, C. EntertainmentSummer Concert Saris 700_00 700.00 78790 8122/2002 002541 BECKER CONSTRUCTION SRV Construct statue wall:Duck Pond 10,972.00 Construct & Install Traffic Control 2,767.00 13,739.00 78791 8122/2002 005308 BOLECHOWSKI, JOY Refund:Aquatics-Ufeguard Training 130.00 130.00 78792 8122/2002 005306 BOTTO. MARIA ESTELA Refund: Tiny Tots-Creative Beg 30.00 30.00 78793 8122/2002 005292 BUTLER. GREG Reimb:Caltrans Mtg:8112 84.50 84.50 78794 8122/2002 002099 BUTTERFIELD ENTERPRISES Jul-Aug Old Twn restroom rental 1,652.00 1 ,652.00 78795 8122/2002 001374 CALIF SECRETARY OF STATE Notary mbshp:Susan Jones 40.00 40.00 78796 8122/2002 005297 CASTELLI. VINCENT Refund: Parking Citation 29636 325.00 325.00 78797 8122/2002 004161 CD TOONS EntertainmentEmployee Picnic 300.00 300.00 78798 8122/2002 002147 COMPLIMENTS COMPLAINTS & Entertainment for Family Fun Night 200.00 200.00 78799 8/22/2002 000442 COMPUTER ALERT SYSTEMS 125 - 12V BATTERY FOR UPS 7.811.88 97 - 12v Batterys for UPS Replacemen 1,874.65 9,686.73 78800 8122/2002 002945 CONSOLIDATED ELECTRICAL Elect repairs @ TCSD 16.70 16.70 78801 8122/2002 005290 CORPORATE COMPLIANCE CE Annual Minutes Compliance 100.00 100.00 78802 8122/2002 003739 COTTON BELAND ASSOCIATE Consultant svcs:Update general plan 3,390.20 3,390.20 78803 8122/2002 005284 CUTTING EDGE, VINYL GRAPHI employee's picnic vinyl banners 160.00 160.00 78804 8122/2002 004810 DAVID-RICHARDS ELECTRIC I Asphalt patching repairs citywide 789.90 789.90 Page:1 apChkLst Final Check List Page: 2 08122/2002 3:09:59PM City of Temecula Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 78805 8/22/2002 005291 DEGANGE, JOHN Reimb:ESRI conf:07/09 97.45 97.45 78806 8/22/2002 005305 DENISON, CASEY Refund: Gymnastics - Circus Camp 175.00 175.00 78807 8/22/2002 003006 DEWITT CUSTOM PAINTING Res impr prgm: Flores 1.875.00 Res impr prgm: Stevens 1,750.00 3,625.00 78808 8/22/2002 004192 DOWNS COMMERCIAL FUELI Fuel for city vehicles 522.25 522.25 78809 8/22/2002 004985 DREAMPAINTING INC Res Impr Prgm: Gilkey, Sandy 1,580.00 1,580.00 78810 8/22/2002 001380 E S I EMPLOYMENT SERVICES Montecino temp help PPE 08/09 2,264.80 Rosales temp help PPE 08/09/02 1 ,828.49 Bragg temp help PPE 08/09 1 ,726.20 HEER TEMP HELP PPE 08/09/02 1 ,600.48 Obmann temp help PPE 08/09/02 1 ,527.92 WYTRYKUS TEMP HELP PPE 08/ 1,186.83 Rosa temp help PPE 08/09/02 1,126.48 Martinez temp help PPE 08/09/02 1,058.40 CAMMAROTA TEMP HELP PPE 08 854.28 13,153.88 78811 8/22/2002 003223 EDAW INC Environmental consulting svc:Pala Sr 659.38 859.38 78812 8/22/2002 000161 EDEN SYSTEMS INC Inforum gold upgrade:Prjt Mgmt 718.75 Inforum gold upgrade: Exp Reimb 342.50 1,061.25 78813 8/22/2002 005286 EDMONDS, GARY Mileage relmb for fire inspections 43.80 43.80 78814 8/22/2002 005052 EMCOR SERVICE Repair compressor @ museum 446.17 Relocate ductwork in city mgrs dept 90.00 CreditTruck chrg8 not part of agrment -20.00 CreditTruck chrge not part of agrment -25.00 491.17 78815 8/22/2002 003665 EMERITUS COMMUNICATIONS July long distance phone 5VCS 588.30 588.30 78816 8/22/2002 002577 ENGINEERING RESOURCES Engineer svcs:John Warner Rd Imprv 5.905.00 5,905.00 78817 8/22/2002 005115 ENTERPRISE RENT A CAR INC Van rental for SMART Excursions 94.73 94.73 78818 8/22/2002 000164 ESGIL CORPORATION Building & Safety plan check svcs 11,312.92 11,312.92 78819 8/22/2002 002060 EUROPEAN DELI & CATERING City Clerk Team Building Follow up 163.83 RefrshmntStaff/Mgmt Brainstorm:Pfan 125.04 288.87 78820 8/22/2002 003959 EVERETT & EVERETT PAINTI Res Impr prgm: Sanchez, April 1,800.00 1,800.00 Page2 apChkLst Final Check List Page: 3 0812212002 3:09:59PM City ofTemecula Bank: union UNION BANK OF CALtFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 78821 8/22/2002 001056 EXCEL LANDSCAPE JUNE LDSCP IMPR:PASEO PARK 388.49 JUNE LDSCP IMPR:RANCHO HIGHL 265.96 July Idscp impr:Winchester Creek 187.63 JUNE LDSCP IMPR: VAIL RANCH 160.13 JUNE LDSCP IMPR:JOHN MGEE PR 149.12 JUNE LDSCP IMPR:CAMPOS VERD 100.97 MAY LDSCP IMPR:BUTTERFIELD S 71.63 JULY LDSCP IMPR:WINCHESTER C 50.00 June Idscp impr:Paseo Park 50.00 1,423.93 78822 8/22/2002 004464 EXXONMOBIL CARD SERVICES Fuel expense for City vehicles 125.22 125.22 78823 8/22/2002 000478 FAST SIGNS Old town jail signs 1.456.78 Fae impr prgm:Rancho Atty svc sign 1 ,098.20 Restroom w/arrow signs 614.18 3,169.16 78824 8/22/2002 005289 FEHLER, DEAN Reimb:Rvsd Paramedic Certification 75.00 75.00 78825 8/22/2002 001511 FIELD MAN ROLAPP & ASSOCIA Financial advisory svs:Wolf Creek CF 1,188.80 1,188.80 78826 8/22/2002 003347 FIRST BANKCARD CENTER xx-5288 Jones:EarthlinklComputer 1,164.58 xx-3063 Naggar:Prof Mlgs & Con! 1,068.12 )()(-0902 O'Grady:ICMA ConflUnited Ai 972.00 )()(-4117 Hughes:Prof Mlg in Twn 52.45 3,257.15 78827 8/22/2002 004239 FISHER MERRIMAN SEHGAL July Design svcs:Old Twn Theatre 47,250.00 47,250.00 78828 8/22/2002 003281 FOREMOST FIRE PROMOTION FIRE PREVENTION PUBLIC ED MAT 410.81 410.81 78829 8/22/2002 004178 FREEDOM SIGNS Old Town plaza lighting fixtures 3,628.12 Fae Impr Prgm:Thome,Steven 3,442.61 Deduction: BCSE_ 404757 -25.00 7,045.73 78830 8/22/2002 005304 GANIME, MARITZA Refund: Tiny Tots-Creative Beg 30.00 30.00 78631 8/22/2002 005307 GELINAS, ELENA Refund:Tiny Tots-Creative Beg 170.00 170.00 78832 8/22/2002 000173 GENERAL BINDING CORPORAT Binding supplies for copy center 42.68 Binding supplies for copy center 37.66 80.34 78833 8/22/2002 000177 GLENNIES OFFICE PRODUCTS Office Supplies:TCSD 1,410.95 Office Supplies: City Clerk 557.80 1,968.75 78834 8/22/2002 004607 GRACE BUILDING Custodial svcs for Old Twn restrooms 3,925.00 3.925.00 78835 8/22/2002 004053 HABITAT WEST INC Long Canyon Basin Mntc 761.66 761.66 78836 8/22/2002 005293 HANSEN INFORMATION Innovative Gov't Conf:8125-27:Windsor 1.190.00 1,190,00 78837 8/22/2002 000871 HILTON Hotel:McBride:conf# RRCYG:11/18-22 909.06 909.06 Page3 apChkLst Final Cheek List Page: 4 0812212002 3:09:59PM City of Temeeula Bank: union UNION BANK OF CALIFORNIA (Continued) Cheek # Date Vendor Description Amount Paid Cheek Total 78838 8/22/2002 003624 HOWELL, ANN MARIE Graphic design tourism CD labels 19.95 19.95 78839 8/22/2002 001407 INTER VALLEY POOL SUPPLY I Pool sanitizing chemicals 445.73 445.73 78840 8/22/2002 000388 INTL CONFERENCE BLOG Uniform building code books 393.77 393.77 78841 8/22/2002 005310 IRION, JEANA Refund: Sports Mini-Hawk 84.00 84.00 78842 8/22/2002 005309 KEMP, JAYLEE Refund: Swim Lessons Level 1 30.00 30.00 78843 8/22/2002 005287 KEY 3 MEDIA GROUP Comdex conf:McBride:po22443622 100.00 100.00 78844 8/22/2002 000205 KIDS PARTIES ETC Party hostess:Employee Picnic 1,570.00 1,570.00 78845 8/22/2002 005303 KINDERCARE LEARNiNG CENT Refund: Grading Deposit 29974 parcei 995.00 995.00 78846 8/22/2002 000206 KINKOS INC Stationery paper/mise supplies 41.72 41.72 78847 8/22/2002 004850 LIBERTY COLLISION CENTER towing sves for police dept 250.00 250.00 78848 8/22/2002 003286 LIBRARY SYSTEMS & SERVICE July sves-library system agrmnt 1 1 ,056.77 July sves-library system agrmt 1 ,332.32 12,389.09 78849 8/22/2002 005285 L1FWIN,INC Fire Prevention staff teambuilding 113.14 113.14 78B50 8/22/2002 003782 MAIN STREET SIGNS Various Street Signs/Hardware 2,493.07 2.493.07 78851 8/22/2002 004068 MANALlLI, AILEEN TCSD INSTRUCTOR EARNINGS 686.00 TCSD INSTRUCTOR EARNINGS 280.00 966.00 78852 8/22/2002 005302 MEYER, SUSAN LEE Refund:Parking Cit# 22356 325.00 325.00 78853 8/22/2002 001384 MINUTEMAN PRESS BUSINESS CARDS:HOGAN/BROWNI 344.58 QTY 2000 POLICE LETTERHEAD 115.63 Business Cards:R.Rush 42.83 503,04 78854 8/22/2002 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD INSTRUCTOR EARNINGS 571.20 571.20 78855 8/22/2002 002139 NORTH COUNTY TIMES- ATTN: Jul SMART Prgm Display Ads 261.38 261.38 78856 8/22/2002 003964 OFFICE DEPOT BUSINESS SVS Office Supplies:P.D. Main Station 64.33 64.33 78857 8/22/2002 005301 ORTENZO, ELIZABETH Refund: Parking cite# 46327 325.00 325.00 78858 8/22/2002 005300 PAQUIA, M. ARLENE Refund:Summer Day Camp 70.00 70,00 78859 8/22/2002 005019 PARK SPECIALTIES Upgrd Playground Equip:Vail Ranch P 22,589.23 22.589.23 Page:4 apChkLst Final Check List Page: 5 08122/2002 3:09:59PM City 01 Temecula Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 78850 8/22/2002 005295 PATTERSON,SHARON Refund:Art-Portrait Drawing 35.00 35.00 78851 8/22/2002 000249 PETTY CASH Petty cash reimbursement 324.48 324.48 78852 8/22/2002 001999 PITNEY BOWES postage meter rental 07/03102 - 09/30 293.48 293.48 78853 8/22/2002 003493 PRO-CRAFT OVERHEAD DOOR Res lmprv prgm: De La Torre 770.00 770.00 78854 8/22/2002 004453 R C ENTERPRISES Self-Inking Stamps for Finance- 143.31 143.31 78855 8/22/2002 000252 RANCHO CALIF WATER DIST Various water meters 13,557.53 13.557.53 78855 8/22/2002 002412 RICHARDS WATSON & June 2002 legal services 113,283.44 113,283.44 78857 8/22/2002 001355 RIVERSIDE CO Annual permit renewal:TCC 368.00 358.00 78868 8/22/2002 001309 RUSE, PHYLLIS Reimb:membership to SCAN NATOA 75.00 75.00 78859 8/22/2002 005227 SAN DIEGO CO OF THE DA Deduction: BCSE_ 404757:Freedom Signs 25.00 25.00 78870 8/22/2002 000278 SAN DIEGO UNION TRIBUNE May Various Recruit Ads for H.R. 2,040.84 May Various Recruit Ads for H.R. 1,289.58 Jun Various Recruit Ads for H.R. 957.40 4,287.82 78871 8/22/2002 005278 SCIENCE ENRICHMENT SRVCS TCSD Instructor Earnings 13,314.40 leSO Instructor Earnings 12,811.20 26,125.50 78872 8/22/2002 000403 SHAWN SCOTT POOL & SPA' TES pool maintenance services 828.00 828.00 78873 8/22/2002 005294 SIEGEL, LINDA Refund:Exercise-Relax & Breath 20.00 20.00 78874 8/22/2002 000537 SO CALIF EDISON Jul 2-00-397-5059 various meters 4,368.82 Aug 2-19-999-9442 Various Meters 2,032.77 CredltLate fee due to disputed chrgs -20.43 6,381.16 78875 8/22/2002 001212 SO CALIF GAS COMPANY Aug 091-024-9300-5 CRC 469.54 Aug 133-040-7373-0 West Wing 19.15 Aug 101-525-0950-0 TCC 17.67 506.36 78876 8/22/2002 000455 STRADLEY, MARY KATHLEEN TeSD Instructor Earnings 550.00 TeSO Instructor Earnings 204.00 754,00 78877 8/22/2002 005299 TAYLOR, BABE-RUTH Refund:Ex-San Diego Wild Animal Prk 60.00 60.00 78878 8/22/2002 000310 TEMECULA CREEK INN INC Refund:Eng Deposit:44501 Rnbw Cyn 995.00 995.00 78879 8/22/2002 003140 TEMECULA VALLEY TAEKWON TCSD INSTRUCTOR EARNINGS 187.20 187.20 78880 8/22/2002 004261 VERIZON CALIFORNIA AUG XXX-5072 GENERAL USAGE 5,379.75 AUG XXX-0073 GENERAL USAGE 1,953.01 8,332.77 PageS apChkLst 0812212002 Final Check List City of Temecula 3:09:59PM Page: 6 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid 78881 8/22/2002 004200 VERIZON WIRELESS LLC Replacement Pager:J.Stone 34.50 78882 8/22/2002 005298 VRT SQUARE, LP Refund:Confonnance Plan:960-Q20-Q 333.00 78883 8/22/2002 004826 WEST COAST OVERHEAD 000 Res Imprv Prgm:Flores 650.00 78884 8/22/2002 005296 WILSON, ROBIN Refund:Parent & Me Swim Lessons 25.00 Sub total for UNION BANK OF CALIFORNIA: Check Total 34.50 333.00 650.00 25.00 374,328.62 Page:6 apChkLst 08122/2002 3:09:59PM Final Check List City 01 Temecula Page: 7 101 checks In this report. Grand Total All Checks: 374,328.62 Page:7 apChkLst Final Check List Page: 1 08130/2002 11 :49:45AM City of Temecula Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 30 8/29/2002 000246 PERS (EMPLOYEES' RETIREME Employees state retirement 43,084.11 43,084.11 31 8/28/2002 003228 US BANK TRUST NATIONAL AS Final payoff for refinancing CFO 98-1 636,064.89 636,084.89 32 8/29/2002 000444 INSTATAX (EDD) Employees fed pr taxes 12,951.90 12,951.90 33 8/29/2002 000283 INSTATAX (IRS) Employees fed pr taxes 56,564.28 56,564.28 34 8/30/2002 003228 US BANK TRUST NATIONAL AS CFD 88-12 Debt Service Payment 1,095,376.51 1,095,376.51 78885 8/30/2002 004148 AT & T Long distance sves: P.O. 142.65 142.65 78886 8/30/2002 000745 AT & T WIRELESS SERVICES Internet connection svcs:lnfo Sys 317.40 317.40 78887 8/30/2002 000745 AT & T WIRELESS SERVICES Cellular phone svcs:police 253.76 253.76 78888 8/30/2002 000434 ACCElACOM Permits+ Level 1 train:Mclntyre/Ching 2,400.00 2.400.00 78889 8/30/2002 003859 ALL ABOUT SELF STORAGE Jul 02 -June 03 Storage Rental: Musel. 2,280.00 2,280.00 78890 8/30/2002 002877 AL TA LOMA CHARTER LINES Charter bus svc:San Diego Wild Anima 566.42 Charter bus svc:Castle Park BnlO2 100.00 666.42 78891 8/30/2002 005322 ALTERNATIVES TO OOMESTIC, SW Family Violence Cf:4 police 100.00 100.00 78892 8/30/2002 005037 AMERICAN ASPHALT SOUTH I Citywide slurry seal prjt:PW02-05 286,350.52 286,350.52 78893 8/30/2002 000101 APPLE ONE, iNC. Acosta temp help PPE 08/10 1,182.00 Kissam temp help PPE 08110 104.00 1,286.00 78894 8/30/2002 003203 ARTISTIC EMBROIDERY LADIES V-NECK SPORT SHiRTS FO 807.05 807.05 78895 8/30/2002 004206 BANUELOS. TERESA TCSD instructor earnings 170.00 170,00 78896 8/30/2002 005327 BAUER, JUDY Refund: Security Deposit 215.00 215.00 78897 8/30/2002 002541 BECKER CONSTRUCTION SRV Repairs P.C.C. flow line Vintage Hills 9.254.00 9,254.00 Page:1 apChkLst Final Check List Page: 2 0813012002 11:49:45AM City of Temecula Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 78898 8130/2002 005326 BERRY, TERRELL Refund: Security Deposit 100.00 100.00 78899 8/30/2002 004262 BIO- TOX LABORA TORI ES DUI/Drug/Alcohol Screening Svcs 644.S0 DUIIDrug/Alcohol Screening Svcs 249.40 893.90 78900 8/30/2002 005331 BROWN, DIANA Refund: Picnic Shelter rental cancalle 25.00 25.00 78901 8/30/2002 005321 CA ASSOC OF CODE ENFORCE Annual CACE Sem:9/4-5:Cole 295.00 295.00 78902 8/30/2002 000128 CAL SURANCE ASSOCIATES I O'Grady bond renewal 9/02-9/03 350.00 350.00 78903 8/30/2002 000413 CALIF DEPT OF FISH & GAME Extension Fee:Mowing Murrieta Crk 127.25 127.25 78904 8/30/2002 004248 CALIF DEPT OF JUSTICElACCT Fingerprints info for new ae 1,512.00 1,512.00 78905 8/30/2002 002534 CATERERS CAFE refreshments:Fire Prey Staff MtgITea 78.00 78.00 78906 8/30/2002 000137 CHEVRON USA INC Fuel expense for city vehicles 258.25 258.25 78907 8/30/2002 005155 CLARK, JUDY Refund: Summer Day Camp 155.00 155.00 78908 8/30/2002 004017 COMERCHERO, JEFF Reimb:Nat'l League Steering Comm:6/ 136.45 Reimb:League Exec Forum:7/24-27 49.07 185.52 78909 8130/2002 004405 COMMUNITY HEALTH CHARI Employees Charities contributions 136.50 136.50 78910 8/30/2002 005324 CROSSROADS CHURCH Refund: Security Deposit 100.00 Refund: Security Deposit 39.50 139.50 78911 8130/2002 001009 DB X INC Trffc Signal Modil Jefferson/Overland 6,100.00 6,100.00 78912 8/30/2002 004123 D L PHARES & ASSOCIATES Sept Lease:Potice sub-sin in Old Tow 1,849.64 1,849.64 78913 8/30/2002 002900 DANIEL MANN JOHNSON Prof Svcs Agrmnt Pechanga Pkwy (P 1,405.68 1,405.68 78914 8/30/2002 001716 DANS ROOFING Replace roof tiles @ Pala Park 500.00 500.00 78915 8/30/2002 003383 OEAMER APPLIANCE SERVICE Plumber svcs for fire sin 84 200.82 200.82 Page2 apChkLst Final Check List Page: 3 08/3012002 11 :49:45AM City of Temecula Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 78916 8130/2002 003006 DEWITT CUSTOM PAINTING Res lmpr prgm: Bidding 2,765.00 2,765.00 78917 8130/2002 004294 DIVERSIFIED LANDSCAPE CO. Rei Retention:PWOl-21 Stn92 2,378.48 Rei Retention:PWOl-21 Stn92 Ldscp 572.28 2,950.76 78918 8130/2002 004192 DOWNS COMMERCIAL FUELI Fuel for city vehicles 48.87 48.87 78919 8130/2002 005052 EMCOR SERVICE H.V.A.C. repair @ City Hall 352.41 H.V.A.C. repair @ CRC 171.25 H.V.A.C. repair @ City Hall 155.00 CreditTruck chrge not part of agrment -25.00 CreditTruck chrge not part of agrment -25.00 Credit:Truck chrge not part of agrment -25.00 603.66 78920 8130/2002 005251 EQUIPMENT REPAIR SERVICE Mobile Equip & Truck Repair Svcs:PW 368.17 Mobile Equip & Truck Repair Svcs:PW 345.51 Mobile Equip & Truck Repair Svcs:PW 76.56 Mobile Equip & Truck Repair Svcs:PW 72.52 862.76 78921 8130/2002 000478 FAST SIGNS More shops signs for Old Twn 1,012.85 After school hours signs:TCSD 80.54 Exhibit Signs for Museum 79.90 1,173.29 78922 8130/2002 001135 FIRST CARE INDUSTRIAL MED ( Pre-employment physicals 160.00 160.00 78923 8130/2002 000795 FRED PRYOR SEMINARS/CARE Advanced Access Sem:Robinson 149.00 149.00 78924 8130/2002 005317 GRACE CHAPEL AFRICAN MET Refund: Security Deposit 155.00 155.00 78925 8130/2002 002906 HEMET FENCE COMPANY Res Impr Pgrm:De La Torre, A 2,320.00 2,320.00 78926 8130/2002 004943 HOUSTON RIDGE PAINTING C Res Impr Pgrm:Shaw, M 300.00 300.00 78927 8130/2002 004833 IMPERIAL PAVING COMPANY I AC/PCC Grinding to correct "DipN Haz 2.700.00 2,700.00 78928 8130/2002 001517 INTEGRATED INSIGHTS DBA: H Employee Assistance Program 582.54 582.54 78929 8130/2002 001407 INTER V ALLEY POOL SUPPLY I Pool sanitizing chemicals 330.58 330.58 78930 8130/2002 000388 INTL CONFERENCE BLOG OFF II Lateral Loads sem:Formoe 9/12 25.00 25.00 Page3 apChkLst Final Check List Page: 4 0813012002 11 :49:45AM City of Temecula Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 78931 8/30/2002 002140 JAGUAR COMPUTER SYSTEMS Crystal Reports Upgrade 8.5 Pro 5Use 831.83 Network Client Services 813.52 Network equipment mntclrepairs 97.33 1,542.68 78932 8/30/2002 003046 K FRO G 95.1 FM RADIO Broadcasting for Summer Nights 100.00 100.00 78933 8/30/2002 001667 KELLY TEMPORARY SERVICES Harrington temp help PPE 07/14 1,080.00 Harrington temp help PPE 07/21 1,080.00 Harrington temp help PPE 08/04 1,080.00 Harrington temp help PPE 08/11 1,080.00 Harrington temp help PPE 07/07 884.25 Harrington temp help PPE 07/28 864.00 6,068.25 78934 8/30/2002 000206 KINKOS INC Stationery paper/mise supplies 88.30 Stationery paper/mise supplies 65.73 Statione'Y paper/mise supplies 51.29 Stationery paper/mise supplies 10.95 216.27 78935 8/30/2002 000488 KNOTTS BERRY FARM Day camp excursion - adult tickets 1,191.10 1,191.10 78936 8/30/2002 005325 LAFERA JR, GEORGE Refund: Security Deposit 100.00 100.00 78937 8/30/2002 005328 LAMBS FELLOWSHIP OF TEME Refund: Security Deposit 329,00 329.00 78938 8/30/2002 005323 LINFIELD SCHOOL, THE Refund: Security Deposit 100.00 100.00 78939 8/30/2002 000213 LOCAL GOVERNMENT COMMiS Membership 9/02-9/03 Thomhill 75.00 75.00 78940 8/30/2002 001967 MANPOWER TEMPORARY SER Temp help w/e 7/14 Novotny 516.00 Temp help w/e 7/07 Novotny 283.80 799.80 78941 8/30/2002 004208 MILANOS Rfrshmnts:Council/Planning Comm wr 202.50 Refreshments:Dev. Process Review:? 99.00 Refreshments:Roripaugh mtg:8/05 47.25 348.75 78942 8/30/2002 005333 NATIONAL ASSOC CITIZENS/P Citizen Patrol Conf:Borok/O'Keefe:9/2 30.00 30.00 78943 8/30/2002 001599 NORTH COUNTY BASKETBALL Basketball Official Services 240.00 Basketball Official Services 132.00 372.00 78944 8/30/2002 002139 NORTH COUNTY TIMES- ATTN: Jul display ads:CIP Constr Updates 825.18 Jul recruitment ads for H.R. 613.40 1,438.58 Page4 apChkLst Final Check List Page: 5 08130/2002 11 :49:45AM City of Temecula Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 78945 8/30/2002 003964 OFFICE DEPOT BUSINESS SVS Planning Office Supplies 570.23 Planning Office Supplies 237.72 Planning Office Supplies 219.46 Credit items returned:Planning -6.18 Credit items returned:Planning -161.03 860.20 78946 8/30/2002 002105 OLD TOWN TIRE & SERVICE City vehicle maint/repair svcs 1,022.84 City vehicle maintlrepair svcs 304.40 City vehicle maintJrepair svcs 176.70 City vehicle maintlrepair svcs 113.88 City vehicle maintlrepair svcs 110.52 REPAIR & MAINT OF VEHICLES- 68.05 REPAIR & MAINT OF VEHICLES- 68.05 City vehicle maintlrepair svcs 66.59 City vehicle maintJrepair SVCS 55.65 City vehicle maintlrepair svcs 54.23 City vehicle maint/repair svcs 19.19 City vehicle maint/repair svcs 19.19 2,079.29 78947 8/30/2002 001619 ORANGE COUNTY REGISTER I Aug recruitment ads for H.R. 366.00 366.00 78948 8/30/2002 004074 PARTY CITY OF TEMECULA IN Recreation Supplies for MPSC 61.71 Recreation Supplies:Family Fun Night 43.66 105.37 78949 8/30/2002 004538 PAULEY EQUIPMENT COMPAN repair & maintenance of tractor:TCSD 310.63 310.63 78950 8/30/2002 004805 PEACOCK ENTERPRISES INC HP LASERJET 8550DN Printer 6,356.17 HP LASERJET 8550DN (C7098A) 2,451.31 HP Officejet Printer 799.51 9,606.99 78951 8/30/2002 005319 PEOPLES CHURCH OF THE VA Refund:Sec. Deposit:MS02-1769 100.00 100.00 78952 8/30/2002 001958 PERS LONG TERM CARE PROG Employee benefits 136.61 136.61 78953 8/30/2002 000254 PRESS ENTERPRISE COMPAN Jul recruitment ads for H.R. 3,430.72 Jul display ads:CIP Constr Updates 1,965.53 Jul Public Notices:City Clerk 104.34 5.500.59 78954 8/30/2002 005330 PROJECT KIDS OUTREACH Sponsorship:Project kids - Endless 1,500.00 1,500.00 78955 8/30/2002 002612 RADIO SHACK INC Misc Computer Supplies 150.46 150.46 78956 8/30/2002 000879 RADISSON HOTEL HTL:ACCELA TRAIN:MCINTYRElCHI 739.20 739.20 Pages apChkLst Final Check List Page: 6 08130/2002 11 :49:45AM City of Temecula Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 78957 8/30/2002 005332 RAHN, WilLIAM Reimb:School Safety Conf:7/7-11/02 97.68 97.68 78958 8/30/2002 000262 RANCHO CALIF WATER DIST Various water meters 16,304.81, 16,304.81 78959 8/30/2002 000907 RANCHO CAR WASH City vehicle detailing & fuel usage 125.31 City vehicle detailing svcs 64.00 City vehicle detailing services 60.00 City vehicle detailing svcs 42.00 City vehicle detailing services 30.30 City vehicle detailing services 25.98 City vehicle detailing services 16.00 City vehicle detailing services 10.00 City vehicle detailing services 8.00 381.59 78960 8/30/2002 000947 RANCHO REPROGRAPHICS Dupl. Blueprints for Children's Museu 766.59 Dupl. Blueprints for Children's Museu 715.48 Dupl. Blueprints:Pala Rd Imprv 126.94 Dupl Blueprints for Land Dav. 19.29 Dupl. Blueprint for CIP Division 10.72 Dupl. Blueprint for CIP Division 6.47 Dupl. Blueprints:Pechanga Pkwy Impr 6.47 Dupl. Blueprints for Planning 5.50 Dupl. Blueprints for Land Dev. 5.39 1,662.85 78961 8/30/2002 003591 RENES COMMERCIAL MANAGE Citywide Weed AbatementlDebris Rarr 5,000.00 5,000.00 78962 8/30/2002 000353 RIVERSIDE CO AUDITOR May 2002 parking citation assessment 2,146.00 Jun parking citation assessment 1,947.50 4,093.50 78963 8/30/2002 000418 RIVERSIDE CO CLERK & RECOF CEQA Compliance:PA99.0451 1,314.00 1,314.00 78964 8/30/2002 000418 RIVERSIDE CO CLERK & RECOI July 2002 recordings & copies 10.00 10.00 78965 8/30/2002 005334 RIVERSIDE CO FACILITIES MG~ 2 yrs rent for Vail Ranch Interim Fire 2.00 2.00 78966 8/30/2002 000277 S & S ARTS & CRAFTS INC Day Camp Supplies 122.80 Recreation Supplies:Family Fun Night 80.88 203.68 78967 8/30/2002 005329 SAFE AL TERNA TIVE FOR EVER FY 02/03 SAFE prgm Sponsorship 15,000.00 15,000.00 78968 8/30/2002 004562 SCHIRMER ENGINEERING COR Plan check svcs: Fire 4,200.00 Plan check svcs: Fire 200.00 4,400.00 Pages apChkLst Final Check List Page: 7 0813012002 11 :49:45AM City of Temecula Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 78969 8/30/2002 000385 SHELDON EXTINGUISHER COM Recharge Fire Extinguisher's:PW veh 97.50 Fire extinguishers maintenance svcs 91.27 RECHARGE FIRE EXTiNGUISHER'S 52.50 241.27 76970 8/30/2002 003804 SKYHAWKS SPORTS ACADEM TCSD Instructor Earnings 1,425.60 1,425.60 78971 8/30/2002 000645 SMART & FINAL INC Recreation Supplies - Teen Program 123.04 Supplies:Sister Gities Exchange prgm 60.99 Supplies:Sister Cities Exchange prgm 51.10 Recreation Supplies:Family Fun Night 11.27 246.40 78972 8/30/2002 005154 SMITH, ROBIN CREATE AND ADMINISTER A Bill 160.00 160.00 78973 8/30/2002 000537 SO CALIF EDISON Aug 2.0-397-5042 City Hall 7,706.88 Aug 2.02-351-4946 Senior Ctr 1,641.37 Aug 2.18.937-3152 Museum 1,012.24 Aug 2-00-397-5067 various meters 970.22 Aug 2.23.365-5992 Sin 92 540.57 Aug 2.20.817.9929 Old Town Stn 415.03 Aug 2.1 1-007-0455 61h St. 406.08 Aug 2-22-891-0550 various meters 267.50 Aug 2.18.049.6416 Front SI Ped 241.01 Aug 2.21-911-7892 So.Side Prk Lot 161.09 Aug 2.19-171.6568 Wed Chapel 107.76 Aug 2.21.981-4720 Hwy 79 70.01 Aug 2.22.496.3439 Winchester 45.85 Aug 2-22-057-2226 6th St 43.29 Aug 2-14.204.1615 Front St Radio 24.06 Aug 2-24-151.6582 Overland 19.50 13,672.46 78974 8/30/2002 005250 STARR, DEBRA release claims agreement payment 200.00 200.00 78975 8/30/2002 005320 SUTTON PLACE HOTEL Htl:CACE 2002 Seminar:Cole:9/04/02 130.90 130.90 78976 8/30/2002 002224 SYNDISTAR INC Public Education Materials:Fire Prevo 2,047.60 2,047.60 78977 8/30/2002 000305 TARGET STORE Summer Day Camp Supplies 65.61 Recreation Supplies - Family Fun Nig 17.50 Summer Day Camp Supplies 13.99 Summer Day Camp Supplies 11.62 108.72 78978 8/30/2002 001672 TEMECULA DRAIN SERV & PLU Various Parks Plumbing Services 120.00 120.00 78979 8/30/2002 005318 TEMECULA PLAY & LEARN SC Refund:Sec. DepositMS02.0879 100,00 100,00 Page:? apChkLst Final Check List Page: 8 0813012002 11:49:45AM City 01 Temecula Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 78980 8130/2002 004274 TEMECULA VALLEY SECURITY, Maint Fae locksmith services 125.00 locksmith svcs:K. H. Park 55.39 180.39 78981 8130/2002 005316 THOMPSON, MICHELLE Refund:Tiny Tots - Creative Beg 143.75 143.75 78982 8130/2002 004979 TRINIDAD STEEL DRUM BAND EntertainmentSummer Nights:9/02 660.00 650.00 78983 8130/2002 000389 U S C M WEST (OBRA) PIT EE retirement pmt 4,573.22 4,573.22 78984 8/30/2002 002065 UNISOURCE paper supplies for Copy Center 1,228.54 Maintenance Supplies:TCC/CRC/Sr C 201.50 Credit items returned -52.80 1,377.24 78985 8130/2002 000325 UNITED WAY Employee contributions 255.80 255.80 78986 8130/2002 005315 VALLE, NADINE ACOSTA Refund:Sec. Deposit:MS02-206812156 106.00 106.00 78987 8130/2002 004261 VERIZON CALIFORNIA Duplicate payment of inv# 2039 4,391.00 4,391.00 78988 8/30/2002 004261 VERIZON CALIFORNIA Aug xxx-0074 general usage 256.25 AUG XXX-2626 PD TARGET STOREF 223.98 AUG XXX-1603 GENERAL USAGE 89.60 AUG XXX-3526 GENERAL USAGE 83.18 Aug xxx.3564 general usage 55.45 AUG XXX-8573 GENERAL USAGE 32.41 AUG XXX-2676 GENERAL USAGE 28.69 AUG XXX-3923 GENERAL USAGE 27.55 797.11 78989 8130/2002 004848 VERIZON SELECT SERVICES I Jul telecommunication svcs 1,303.98 1,303.98 78990 8130/2002 004268 WESTERN FIRE COMPANY TCC RE-CHRG KITCHEN FIRE SUPP 350.00 350.00 Sub total lor UNION BANK OF CALIFORNIA: 2.292,941.33 Page:8 apChkLst 0813012002 11 :49:45AM Final Check List City of Temecula Page: 9 111 checks In this report. Grand Total All Checks: 2,292,941.33 Page:9 apChkLsI 08130/2002 11 :49:45AM Final Check List City of Temecula Page: 10 <none) Bank code: union " " " !loid'Checks Page:10 apChkLst Final Check List Page: 1 09/05/2002 3:34:36PM City olTemecula Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 78991 9/312002 005336 LOS ANGELES FREIGHT BROKE Duty chrges for Statue from Netherlan 540.73 540.73 78992 9/5/2002 005344 79 S. MOTORSPORTS, INC Refund:Cert~icate of Occupancy 30.00 30.00 78993 9/5/2002 005339 ADMINISTRATIVE PROFESSION 12 issues of Admin Prof:City Mgr 48.00 48.00 78994 9/5/2002 002733 ALBAO, NANCY TCSD instructor earnings 1,506.00 1,506.00 78995 9/5/2002 002877 ALTA LOMA CHARTER LINES Day camp excursion bus to Castle Prk 1 ,395.48 Day camp excursion bus to San Diego 501.25 Day camp excursion bus to Movie Exp 320.80 2,217.53 78996 9/5/2002 004431 AMERICAN PAYROLL INSTITU Year-End Sem:11/06:Jorgenson 329.00 329.00 78997 9/5/2002 004431 AMERICAN PAYROLL INSTITU Annual membership:Monica Jorgenso 155.00 155.00 78998 9/5/2002 002187 ANIMAL FRIENDS OF THE VALL Animal control services for July 2002 9,584.04 9,584.04 78999 9/5/2002 000101 APPLE ONE, INC. Acosta temp help PPE 08117/02 1,182.00 1,182.00 79000 9/5/2002 001323 ARROWHEAD WATER INC Bottled wtr servs @ City Hall 597,07 Bottled wtr servs @ Mnte Fae 223.77 Bottled wtr servs @ CRC 151.92 Bottled wtr servs @ Museum 23.48 996.24 79001 9/5/2002 003203 ARTISTIC EMBROIDERY TCSO staff team shirts 3,101.48 TCSD staff team shirts 806.51 TCSD staff doby caps 83.51 TCSD staff Red Jackets 66.81 City Clerk staff team shirts 22.63 Finance staff team shirts 12.93 4,093.87 79002 9/5/2002 005343 BEAZLEY,REBECCA Refund: Eng Depst 31083 Avenida Bu 995.00 995.00 79003 9/5/2002 005340 BENGTSON, CARRIE Refund: Summer Day Camp 200.00 200.00 79004 9/5/2002 004778 BERRYMAN & HENIGAR INC Design svcs:Pavement mgmnt update 7,065.20 7,065.20 79005 9/5/2002 005312 BITCH'N STITCH'N Safe driver award jackets for City staff 282.31 282.31 Page:l apChkLst Final Check List Page: 2 09/0512002 3:34:36PM City of Temecula Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 79006 9/5/2002 003617 BLUE RIDGE MEDICAL Misc. paramedic supplies:Fire 208.88 208.88 79007 9/5/2002 005345 BRIGHT, KATHLEEN Refund: Toddler Swim Lessons 25.00 25.00 79008 9/512002 005342 BRINGHURST, GREGORY Refund: Eng Depst 3883 tract map lot: 995.00 995.00 79009 9/5/2002 004176 BROADWING TELECOMMUNICA Long distance & intemet svcs 1,195.00 1,195.00 79010 9/5/2002 005347 BROWN, TAMI Refund: Summer Day Camp 155.00 155.00 79011 9/5/2002 005063 CELSOC Add't freight chrges for various manual 13.11 13.11 79012 9/512002 000154 CSMFO Applic. fee for budget award prgm 25.00 Applic. fee for Budget awards prgm 25.00 50.00 79013 9/5/2002 005346 CAHA, WENDE Refund: Level 2 Swim Lessons 35.00 Refund: Parent & Me Swim lessons 35.00 70.00 79014 9/5/2002 005338 CALIFORNIA RETAIL SURVEY Publication:Calif Retail Survey 2002e 172.40 172.40 79015 9/5/2002 004093 CARDIO CARE PLUS TCSD instructor earnings 1,215.00 1,215.00 79016 9/5/2002 002358 CERTIFIED FOLDER DISPLAY Tourism brochure distribution Souther 14,811.99 14,811.99 79017 9/5/2002 001326 CHULA VISTA, CITY OF Agency's share expense for CCPA tr 615.00 615.00 79018 9/5/2002 003021 CINGULAR WIRELESS (CELL PC 07/09 - 08108 cellular phone svcs 5,629.22 5,629.22 79019 9/5/2002 003735 CINGULAR WIRELESS (EQUIP Cellular phone equipment 26.93 26.93 79020 9/5/2002 000912 CITY CLERKS ASSN OF CALIF Nuts & Bolts conf:Rosa:09/19-20/02 200.00 200.00 79021 9/5/2002 005348 CLENDENON, KRISTA Refund: Toddler Swim Lessons 25.00 Refund: Parent & Me Swim Lessons 25.00 Refund: Toddler Swim Lessons 22.00 Refund: Toddler Swim Lessons 22.00 94.00 79022 9/5/2002 004626 COMFORT ZONE FURNITURE 3 chest of drawer:Fire Stn 92 702.53 702.53 Page2 apChkLst Final Check List Page: 3 09/0512002 3:34:36PM City 01 Temecula Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 79023 9/5/2002 001193 COMP USA INC Mise Computer supplies:lnfo Sys 111.58 111.58 79024 9/5/2002 001233 DANS FEED & SEED INC Propane Gas for PW mntc Division 28.28 28.28 79025 9/5/2002 001393 DATA TICKET INC JULY PARKING CITATION PROCESE 253.20 July parking citation processing 140.00 393.20 79026 9/5/2002 002990 DAVID TURCH & ASSOCIATES Retain advocacy firm:lobbyistlconsul 3,000.00 3,000.00 79027 9/5/2002 005349 DENOFRIO, RENEE Refund: Toddler Swim Lessons 25.00 Refund: Level 1 Swim Lessons 25.00 50.00 79028 9/5/2002 004294 DIVERSIFIED LANDSCAPE CO. Mulch for Landscape at City's Fac 13,000.00 13,000.00 79029 9/5/2002 001380 E S I EMPLOYMENT SERVICES Naaseh-Shahry temp help PPE 07/26 6,236.00 Naaseh-Shahry temp help PPE 07/12 5,612.40 Naaseh-Shahry temp help PPE 08109 5,456.50 McCoy temp help PPE 08109/02 2,900.51 McCoy temp help PPE 08123/02 2,753.86 Hansen temp help PPE 08109/02 2,641.80 McCoy temp help PPE 07/26/02 2,607.20 McCoy temp help PPE 07/12/02 2.574.61 McClanahan/Ching temp help PPE 07 2.460.63 McClanahan/Ching temp help PPE 08 2,356.60 McClanahan/Ching temp help PPE 07 2,320.22 Hansen temp help PPE 07/26/02 2,283.27 Montecino temp help PPE 08/23/02 2,264.80 TEMP HELP - OFC ASST & BLDG IN 2,057.76 Obmann temp help PPE 08123/02 1,850.72 Rosales temp help PPE 08123/02 1,762,40 McClanahan/Ching temp help PPE 08 1,374.54 Kanigowski temp help PPE 08/09/02 1,326.19 Kanigowski temp help PPE 08123/02 1,258.40 Kanigowski temp help PPE 07/26/02 1,242.67 Martinez temp help PPE 08123/02 1,176.00 Kanigowski temp help PPE 07/12/02 1,101.10 Rosa temp help PPE 08123/02 1,061.90 TEMP HELP - OFC ASST & SLDG IN 908.36 Bragg temp help PPE 08123/02 863.10 Cammarota )emp help PPE 08123/02 607.03 59,258.57 79030 9/5/2002 000161 EDEN SYSTEMS INC EDEN USER CONF:10/14-17:KJ/P 1,050.00 1,050.00 79031 9/5/2002 000161 EDEN SYSTEMS INC 2002 Eden user cant: 1 O/14-17:Kruege 475.00 Eden User Conf:10/14-17:Gutierrez 350,00 825.00 Page3 apChkLst Final Check List Page: 4 09105/2002 3:34:36PM City of Temecula Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 79032 9/5/2002 005115 ENTERPRISE RENT A CAR INC Van rental for SMART Excursions 94.73 94.73 79033 9/5/2002 001056 EXCEL LANDSCAPE Idscp mntc:Neighborhood prks 92,445.00 92,445.00 79034 9/5/2002 002037 EXPANETS Telephone Maintenance Agmmt 7/15- 2,198.40 Installation Labor 1,076.00 3,274.40 79035 9/5/2002 000478 FAST SIGNS REIMBURSEMENT OF DEVELOPME 190.00 190.00 79036 9/5/2002 000165 FEDERAL EXPRESS INC Express mail services 215.21 Express mail services 114.26 329.47 79037 9/5/2002 001511 FIELDMAN ROLAPP & ASSOCIA Financial sves for Butterfield CFD 1,931.71 Financial sves for Butterfield CFD 1,256.00 Financial Bves for Butterfield CFD 834.75 Financial Bves for Butterfield CFD 171.50 4,193.96 79038 9/5/2002 000166 FIRST AMERICAN TITLE COMPP Preliminary Title Report:Library 500.00 Title report:Parksite "CII in Vail Ranch 500.00 Title report for 41281 Via Aguila 150.00 1,150.00 79039 9/5/2002 003347 FIRST BANKCARD CENTER xx-6165 Yates:Prof mtgiconf/misc 2,926.70 xx-1405 Ubnoske: Prof MtgslStafl Edu 227.59 3,154.29 79040 9/5/2002 004239 FISHER MERRIMAN SEHGAL YP ARCHITECTUAL DESIGN:OLD TOW 889.69 889.69 79041 9/5/2002 005270 FLAGS UNLIMITED INC 4" X 6" Nylon Flag of the Netherlands 3,232.94 3,232.94 79042 9/5/2002 005196 GARVEY EQUIPMENT COMPAN Chainsaw & Chain for Stn 84 716.54 716.54 79043 9/5/2002 005337 GIANT PHOTO SERVICE Photo mural for E.S.Gardner 521.51 521.51 79044 9/5/2002 004159 GOODENOUGH, DONNA TCSD instructor earnings 112,00 112.00 79045 9/5/2002 004607 GRACE BUILDING MAINTENANC Custodial svcs for park restrooms 3,925.00 3,925.00 79046 9/5/2002 000711 GRAPHICS UNLIMITED L1THOG Comm Recreation elr Brochures 1,888.86 1 ,888.86 79047 9/5/2002 005350 HARGROVE, GINA Refund: level 4 Swim Lessons 25,00 25,00 79048 9/5/2002 002767 IDENTICATOR CORPORATION Fingerprint equip & Supplies:Police De 556.76 556.76 Page:4 apChkLst Final Check List Page: 5 09105/2002 3:34:36PM City 01 Temecula Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 79049 9/5/2002 004288 IMITATORS OF ROCK LEGEND High Hopes Program Entertainment 9/ 600.00 600.00 79050 9/5/2002 004219 INDUSTRIAL DISTRIBUTION GR Mote supplies for PW Mote Division 197.19 197.19 79051 9/5/2002 003670 INLAND OVERHEAD DOOR CO~ Repairs to garge door @ Stn 84 770.50 770.50 79052 9/5/2002 001407 INTER VALLEY POOL SUPPLY I Pool sanitizing chemicals 356.01 Pool sanitizing chemicals 273.36 629.37 79053 9/5/2002 001186 IRWIN, JOHN TCSD instructor earnings 392.00 392.00 79054 9/5/2002 004007 J L WINGERT COMPANY CRC pool buck-up pool pump 1,003.17 1,003.17 79055 9/5/2002 005351 JACKSON, CELESTE Refund: Toddler Swim Lessons 25.00 25.00 79056 9/5/2002 002140 JAGUAR COMPUTER SYSTEMS Network equipment mntc/repairs 528.52 528.52 79057 9/5/2002 000203 JOBS AVAILABLE INC EE recruitment ads:Sr Planner/Prop A 128.80 128.80 79058 9/5/2002 005341 KELLERHALS,TERESA Refund: Security Deposit 100.00 100.00 79059 9/5/2002 003986 KEVIN COZAD & ASSOCIATES I Design Svcs:Pala Ad Impr Phase II 40,404.73 40,404.73 79060 9/5/2002 001091 KEYSER MARSTON ASSOCIAT Consulting svcs:CBH review & Analys 2,510.06 Consulting svcs:Welty Building rehab 318.76 2,828.82 79061 9/5/2002 001282 KNORR SYSTEMS INC AquatiC - Pool Mote supplies 38,98 38.98 79062 9/5/2002 000209 L & M FERTILIZER INC Misc. mnte supplies for PW Mote 337.32 337.32 79063 9/5/2002 000869 LAWRENCE WELK RESORT TH 11 tickets to show and buffet Dutch 396.00 396.00 79064 9/5/2002 004905 LIEBERT. CASSIDY & WHITMOR Human Resource Legal svcs 5,431.34 5,431.34 79065 9/5/2002 005352 LIGHT, CINDI Refund: Parent & Me Swim Lessons 25.00 25.00 79066 9/5/2002 004087 LOWE'S Mise hardware supplies: TCSD 534.75 534.75 Pages apChkLst Final Check List Page: 6 09/05/2002 3:34:36PM City olTemecula Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 79067 9/5/2002 004697 LOWES HiW INC Mise hardware supplies:Fire Stn 117.09 117.09 79068 9/5/2002 003762 MAIN STREET SIGNS Var. Street Signs for PW Maint. 765.03 765.03 79069 9/5/2002 004141 MAINTEX INC C.R.C Custodial Supplies 191.51 191.51 79070 9/5/2002 002664 MAR CO INDUSTRIES INC Custodial equipment prevo maintenanc 248.09 248.09 79071 9/5/2002 000217 MARGARITA OFFICIALS ASSN Jul Officiating Services 600.00 600.00 79072 9/512002 000220 MAURICE PRINTERS INC Skateboard Park Brochures 1,387.82 1,387.82 79073 9/512002 005239 MAYO, KRISTINA Refund:ParenVMe Swim Lessons 25.00 25.00 79074 9/5/2002 005360 MCDERMOTT, CANDY Refund:ParentlMe Swim Lessons 25.00 25.00 79075 9/5/2002 001384 MINUTEMAN PRESS Office Supplies: Finance Dept. 283.07 Qty 2000 envelopes - Police 130.39 Business Cards:J. Meyer 114.86 Business Cards:Fire Dept. (Generic) 85.66 Business Cards:J. Jemegan 85.66 Letterhead Stationery:RDA 67.34 Business Cards:S. Rossini 42.63 Business Cards:J. Payne 42.83 Business Cards:G. FomlOe 42.63 695.47 79076 9/5/2002 000973 MIRACLE RECREATION EQUIP Resurface Pala Park. Tot Lot 3,050.32 3,050.32 79077 9/512002 004534 MOBILE SATELLITE VENTURES Aug emergency satellite phone sves 69.00 69.00 79078 9/5/2002 005355 MORA, LEONEL Refund:Toddler 8im Lessons 25.00 25.00 79079 9/5/2002 005354 MORENO, SYLVIA Refund:Level 2 Swim Lessons 25.00 25.00 79080 9/5/2002 001986 MUZAK INC Sept Music Broadcasting:Old Town 59.50 59.50 79081 9/5/2002 005361 NORTH AMERICAN V AN LINES Shipping Chrgs:Gold Fever Exhibition 229.27 229.27 79082 9/5/2002 002292 OASIS VENDING Kitchen/Coffee Supplies:Cily Hall 381.62 Kitchen/Coffee Supplies:West Wing 77.58 459.20 Pages apChkLst Final Check List Page: 7 09105/2002 3:34:36PM City of Temecula Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 79083 9/5/2002 002105 OLD TOWN TIRE & SERVICE City vehicle mainVrepair svcs 138.95 138.95 79084 9/5/2002 003762 P M X MEDICAL Paramedic Supplies for Fire 145.17 145.17 79085 9/512002 001248 PAPER DIRECT INC Invitation for 9/11 dinner. Vineyard 111.89 111.89 79086 9/5/2002 003663 PECHANGA BAND OF LUISENO QtMy management meeting:7/1 8/02 1,016.49 1,016.49 79087 9/5/2002 003218 PELA Ldscp plan ck/inspect svc:R.C. media 86,00 86.00 79088 9/5/2002 000249 PETTY CASH Petty cash reimbursement 413.86 Petty cash reimbursement 290.16 704.02 79089 9/5/2002 003155 PRICE CHOPPER INC Wristbands for Aquatics 116.00 116.00 79090 9/5/2002 000981 R H F INC Repair/maint radar equipmentPolice 61.27 61.27 79091 9/5/2002 004457 R J NOBLE COMPANY Jul Prgs PmtPala Rd Ph 1:PW99-11 11,682.63 11,682.63 79092 9/5/2002 000879 RADISSON HOTEL Htl:SCACEO Training:#1246VFT:1011 188.16 Htl:SCACEO Training:#1246VFT:1011 188.16 376.32 79093 9/5/2002 004584 REGENCY LIGHTING T.V. Museum electrical supplies 171.97 Old Town area electrical supplies 147.29 Var Parks electrical supplies 69.82 389.08 79094 9/5/2002 003742 REHAB FINANCIAL CORPORATI Loan Servicing for ADA Loan prgm 100.00 100.00 79095 9/5/2002 000266 RIGHTWAY Equipment rental - Paseo Park 189.05 Equipment Rental - Riverton Park 70.89 Equipment Rental - Veteran's Park 54.39 314.33 79096 9/5/2002 000268 RIVERSIDE CO HABITAT Aug 2002 K-Rat payment 2,700.00 2,700.00 79097 9/5/2002 000955 RIVERSIDE CO SHERIFF SW ST Add', Patrol Svcs:Tem. Rodeo OS/25/0 965.96 965.96 79098 9/5/2002 001097 ROADLlNE PRODUCTS INC Misc. Parts & Supplies:PW Stencil Tru 581,35 581.35 79099 9/5/2002 005359 SAN GORGONIO GIRL SCOUT C Refund:Picnic Shelter:7/16/02 24,00 24.00 Page:;" apChkLst Final Check List Page: 8 0910512002 3:34:36PM City of Temecula Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 79100 91512002 005353 SCHOSSOW-BYLAND, JAMIE Refund:Level2 Swim Lessons 25.00 25.00 79101 91512002 005358 SCHWENKMEYER, HANNAH Refund:Hawaiian Dance Teen Begin 65.00 65.00 79102 91512002 000403 SHAWN SCOTT POOL & SPA T.E.S. pool maintenance services 743.80 743.80 79103 91512002 000645 SMART & FINAL INC Day Camp Supplies 382.64 Day Camp Supplies 153.65 Day Camp Supplies 109.59 Supplies for 4th of July 65.31 Day Camp Supplies 22.46 733.65 79104 91512002 000722 SO CALF ASSN CODE ENF.OFF SCACEO Training:SalazarNoshall 500.00 500.00 79105 91512002 002718 SO CALIF CITY CLERKS ASSN Business Mtg:9127102:S.J.lM.B.lC.D. 90.00 80.00 79106 91512002 000537 SO CALIF EDISON Aug 2-02-502-8077 West Wing 2,225.04 Aug 2-10-331-2153 TCC 1,414.11 Aug 2-19-683-3255 Front St Ped 715.40 Aug 2-19-683-3263 Front St Ped 385.44 Aug 2-22-575-0876 Old Town Front S 283.49 Aug 2-19-538-2262 various meters 161.64 Aug 2-18-528-9980 Santiago Rd 54.61 5,239.73 79107 91512002 000519 SOUTH COUNTY PEST CONTRe Pest Control Srves: CRC 90.00 Pest Control SlVes: Maint Fae. 40.00 Pest Control Srves: Tee 36.00 166.00 79108 91512002 004496 SPARKS EXHIBITS & ENVIRON~ CHILDRENS MUSUEM CONSTRUCTI 73,648.00 73,648.00 79109 91512002 004768 SPLASH DOWN ANCHORS Summer/Fait 2002 Softball Awards 3,071.83 3,071.63 79110 91512002 000293 STADIUM PIZZA Refreshments for SMART Pgrm 400.00 400.00 79111 91512002 004420 STATE COMP INSURANCE FUN Aug workers' cemp premium 27,200.11 27,200.11 79112 91512002 003840 STRONGS PAINTING PREP & SEAL ALL BENCHES, PLAN 5,400.00 5,400.00 79113 91512002 003599 T Y L1N INTERNATIONAL Jul/Aug Design Svcs:R.C. Bridge Wide 4,480.25 4,480.25 79114 91512002 000305 TARGET STORE Supplies for 4th of July 68.00 SUPPLIES FOR SMART PGRM- 50.58 118.58 Page:B apChkLst 0910512002 Final Check List City olTemecula 3:34:36PM Page: 9 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Description 995.00 Vendor 79115 9/5/2002 004541 TEMECULA RADIATOR/AUTO R Refund:Grading DepositLD01-107GR 79116 9/5/2002 004260 TEMECULA STAMP & GRAPHIC Office Supplies for Fire Prevention 79117 9/5/2002 004209 TEMECULA SUNRISE ROTARY I Public Bus Bench placement/main!. 79118 9/5/2002 000668 TIMMY 0 PRODUCTIONS INC OJ for Summer Concert Series 79119 9/512002 003228 US BANK TRUST NATIONAL AS Trustee Admin Fees:CFD 88-12 79120 9/5/2002 004504 VAIL RANCH SELF STORAGE Sept Off-Site Storage:Records Mgmt 79121 9/5/2002 005356 VALDEZ, DARLENE Refund:Level2 Swim Lessons 79122 9/5/2002 000332 VANDORPE CHOU ASSOCIATE Permits Plus Screen/Report Dev.:Fire 79123 9/5/2002 004261 VERIZON CALIFORNIA AUG XXX-1408 P.D. OLD TOWN STN AUG XXX-9897 GENERAL USAGE 79124 9/5/2002 001890 VORTEX DOORS Doors repairs & installation:Stn 84 79125 9/5/2002 004948 WESTCO FURNITURE SERVI Furniture repair:Stn 84 79126 9/5/2002 003667 WESTERN EXTERMINATOR CO Inspection fee:Mercantile Bldg Retrofit 79127 9/5/2002 005357 WHiLDIN, LAURA Refund:Level 2 Swim Lessons 79128 9/5/2002 003756 WHITE HOUSE SANITATION Aug cleaning svcs:Butter1ield Stage 79129 9/5/2002 003607 XPECT FIRST AID First Aid Supplies for PW Maint City Hall First Aid Kit Supplies Amount Paid 995.00 22.63 3,000.00 2,125.00 3,300.00 30.00 25.00 2,655.00 444.57 89.60 3,599.78 450.00 65.00 25.00 50.00 581.85 47.57 Sub total for UNION BANK OF CALIFORNIA: Check Total 22.63 3,000.00 2,125.00 3,300.00 30.00 25.00 2,655.00 534.17 3,599.78 450.00 65.00 25.00 50.00 629.42 471,265.76 Pagel) apChkLst 09105/2002 3:34:36PM Final Check List City of Temecula Page: 10 139 checks In this report. Grand Total All Checks: 471,265.76 Page:lO ITEM 4 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC~ CITY MANAGER ~ CITY OF TEMECULA AGENDA REPORT FROM: City Manager/City Council Genie Roberts, Director of Financ~ ~ GI2-- September 17, 2002 TO: DATE: SUBJECT: City Treasurer's Report as of July 31,2002 PREPARED BY: Pascale Brown, Senior Accountant ~ RECOMMENDATION: Report as of July 31, 2002. That the City Council receive and file the City Treasurer's 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 July 31,2002. FISCAL IMPACT: None Attachments: 1. City Treasurer's Report as of July 31,2002 Cash Activity for the Month of July: Cash and Investments as of July 1, 2002 Cash Receipts Cash Disbursements Cash and Investments as of July 31, 2002 Cash and Investments Portfolio: City of Temecula City Treasurer's Report As of July 31,2002 Type of Investment Petty Cash General Checking Sweep Account (Money Market Account) Benefit Demand Deposits Local Agency Investment Fund Certificate of Deposit (Retention Escrow) Checking Account (Parking Citations) Trust Accounts- CFO 88-12 (Money Market Account) Delinq. Main. Reserve Account - CFO 88-12 (Investment Agreement) Delinq. Main. Reserve Account - CFD 88-12 (Money Market Account) Reserve Account- CFD 88-12 (Investment Agreement) Reserve Account- CFD 86-12 (Money Market Account) Trust Accounts- CFO 96-1 (Money Market Account) Reserve Accounts- CFD 98-1 (Money Market Account) Trust Accounts-TCSD COPs (Money Market Account) Project Account- TCSD COPs (Money Market Account) Project Account- TCSD COPs (Local Agency Investment Fund) Delivery Cost Account-TCSD COPs (Money Market Account) Trust Accounts-RDA Refinance Bonds (Money Market Account) Project Account-RDA Refinance Bonds (Money Market Account) Project Account-RDA Refinance Bonds (Local Agency Investment Fund) Admin Account-RDA Refinance Bonds (Money Market Account) Institution CityHatt Union Bank Unjon Bank (High mark U.S. Treasury) Union Bank State Treasurer Bank of Sacramento Union Bank U.S. Bank (First Am. Treasury) COC Funding Corp U.S. Bank (First Am. Treasury) CDC Funding Corp u.s. Bank (First Am. Treasury) U.S. Bank (First Am. Treasury) U.S. Bank (First Am. Treasury) U.S. Bank (First Am. Treasury) U.S. Bank (First Am. Treasury) State Treasurer U.S. Bank (First Am. Treasury) U.S. Bank (First Am. Treasury) U.S. Bank (First Am. Treasury) State Treasurer U.S. Bank (First Am. Treasury) $ $ 68,363,736 3,665,704 (11,464,420) 60,765,020 Maturityl Termination Yield Date nl. nl. 0.730 % nl. 2.714 % nl. nl. 1.300 % 5.430 % 9/1/2017 1.300 % 5.430 % 9/1/2017 1.300 % 1.300 % 1.300 % 1.300 % 1.300 % 2.714 % 1.300 % 1.300 % 1.300 % 2.714 % 1.300 % (1 )-This amount is net of outstanding checks. (2)~At July 31, 2002 total market value (including accrued interest) for the Local Agency Investment Fund (LAIF) was $46,068,744,600. The City's proportionate share of that value is $63,646,552. 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. $ $ Par/Book Balance 1,500 (338,053) (1) 556,160 2,903 (1) 63,669,542 (2) 126,366 3,777 52 500,000 369,397 1,531,469 64 744 923.595 22 2,952 2,704,551 6,437 319,632 4,965 10,346,646 25,679 60,765,020 ITEM 5 APPROVAL CITY ATTORNEY DIR.OF FINAN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: September 17, 2002 SUBJECT: Financial Statements for the Fiscal Year Ended June 30, 2002 PREPARED BY: Karen Jester, Assistant Director of Finance RECOMMENDATION: Thatthe City Council receive and file the Financial Statements for the Fiscal Year Ended June 30, 2002 and approve the following: 1. A budget transfer of $55,400 to City Attorney Department from CIP Admin Department; 2. A budget transfer of $7,200 to City Council Department from CIP Admin Department; 3. An estimated revenue and appropriation of $129,600 to the AB3229-COPS Fund; 4. A reduction of the estimated revenues for Grants (COPS) and an increase in operating transfers into the General Fund in the amount of $129,600. DISCUSSION: The attached financial statements reflectthe unaudited activity of the City for the Fiscal Year ended June 30, 2002. Attached are the Financial Statements with an analytical review of financial activity. The request for an additional budget transfer request for the City Attorney Department line item is due to an increase in legal costs reiating to various litigation and development project activity. The additional budget transfer request for the City Council Department line item is due to additional information systems support costs. The estimated revenue and appropriation for AB3229-COPS Fund is as a result of the grant guidelines that require a separate fund to be set up in order to account for the grant monies. These grant funds were originally budgeted in the General Fund. The related Police Department costs will continue to be expended in the Police Department budget with an offsetting operating transfer in to the General Fund from the AB3229-COPS Fund. FISCAL IMPACT: The operating budget transfer for the City Attorney and City Council budgets is offset by budget savings in the CIP Admin Department budget. The estimated revenue and appropriation for AB3229-COPS Funds has no net impact as these funds have previously been budgeted in the General Fund. ATTACHMENTS: Combining Balance Sheet as of June 30, 2002 Statement of Revenues, Expenditures and Changes in Fund Balance for the Fiscal Year Ended June 30, 2002 Combining Balance Sheet (Internal Service Funds) as of June 30, 2002 Statement of Revenues, Expenses and Changes in Retained Earnings (Internal Service Funds) for the Fiscal Year Ended June 30, 2002 Combining Balance Sheet (Community Facilities Districts) as of June 30, 2002 Statement of Revenues, Expenditures and Changes in Fund Balance (Community Facilities Districts) for the Fiscal Year Ended June 30, 2002 CITY OF TEMECULA Combining Balance Sheet as of June 30, 2002 and the Statements of Revenues, Expenditures and Changes in Fund Balance For The Fiscal Year Ended June 30, 2002 and the Statement of Revenues, Expenses and Changes in Retained Earnings For The Fiscal Year Ended June 30,2002 (Unaudited) Prepared by the Finance Department CITY OF TEMECULA FINANCE DEPARTMENT MEMORANDUM TO: City Council FROM: Genie Roberts, Director of Finance ~ DATE: September 16, 2002 SUBJECT: Replacement pages for attachments Attached please find replacement pages for City Council consent calendar item #5. The originally submitted pages reflected the amended budget figures pnorto the Council approval. Please contact me if you need additional clarification. R:\ROBERTSGIMEMOSIFINANCIALS63002SUPPLEMENTAL.DOC 9/16102 City ofTemecula Combining Balance Sheet As ofJune 30, 2002 State General Gas Tax Transportation Dev Impact CDBG Fund Fund Fund Fund Fund Assets: Cash and investments $ 21,599,9t8 $ $ 8,591,297 Receivables 5,313,2t5 $ 38,267 22,619 274,557 131,507 Due from other funds 169,774 Advances to other funds 2,817,574 Deposits 18,463 Land held for resale 530,401 Total assets $ 30,449.345 $ 38,267 22,619 $ 8.865,854 $ 131,507 Liabilities and fund balances: Liabilities: Due to other funds $ 17,433 $ 38,267 $ t3t,507 Advance from other funds Other current liabilities 6.348,208 Deferred revenue 522,397 $ 69.97t T otalliabilities 6,888,038 38,267 69,971 131 ,507 Fund balances: Reserved 2,844,041 Designated $ 22,619 8.795,883 Undesignated 20,717,266 Total fund balances 23,561,307 22,619 8,795,883 Total liabilities and fund balances $ 30,449,345 $ 38,267 22,619 $ 8,865,854 $ 131,507 City of Temecula Combining Balance Sheet As ofJune 30, 2002 Law Enforcement AB 2766 Grants Measure "A" CIP Fund Fund Fund Fund Total Assets: Cash and investments $ 103,904 $ t4t $ 1,776,812 $ 15,654,728 $ 47,726,800 Receivables 17,621 726 62,282 1,987,944 7,848,738 Due from other funds 169,774 Advances to other funds 2,8t 7,574 Deposits t 8,463 Land held for resale 530,40 t Total assets $ t21,525 $ 867 $ t,839.094 $ 17,642,672 $ 59,t 11,750 Liabilities and fund balances: Liabilities: Due to other funds $ t 87,207 Advance from other funds $ 1,425,000 t,425,000 Other current liabilities 1,463,521 7,8t t.729 Deferred revenue 592,368 Total liabilities 2,888,52t 10,016,304 Fund balances: Reserved 2,844,041 Designated $ t.839,094 10,657,596 Undesignated $ 121,525 $ 867 14.754.151 35,593,809 Total fund balances 121.525 867 1.839,094 14,754,151 49,095,446 T otalliabilities and fund balances $ 121,525 $ 867 $ 1,839.094 $ 17,642,672 $ 59,11 1,750 City of T emecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actuat General Fund For the Fiscal Year Ended June 30, 2002 Annual Amended YTD Percent Budget Activity of Budget Revenues: Sales tax $ t 7,670,000 $ 19,237,317 109% Developmental services: Planning 312,000 509,655 163% (I) Building & safety 1,595,000 1,464,047 92% Land development 1,218,000 2,135,359 t75% (1) Fire 172,000 173,029 101% Grants 374,800 207,214 55% Motor vehicle in lieu 3,128,000 3,803,347 122% (2) Property tax 2,072,000 2,330,54 t 112% Property transfer tax 407,000 570,974 140% (3) Franchise fees t,676,000 1,861,385 111% Transient occupancy tax 1,417,000 1,424,167 101% Reimbursements 280,000 270,997 97% Reimbursements from TCSD 162,000 162,000 100% Reimbursements from RDA 225,000 225,000 100% Reimbursements from CIP 1,207,000 695,225 58% (4) Investment interest 805,000 908,409 113% Business licenses 205,000 230,941 113% Vehicle code fines 363,000 483,801 133% Miscellaneous 72,000 120,811 168% (5) Fee Mitigation 0 150,000 Recovery of prior year expense 0 99,t66 Parking citations/impound fees 100,000 102,563 103% Operating transfers in 1,157,000 t ,278,978 111% Total Revenues $ 34,617,800 $ 38,444,926 111% 3 City ofTemecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual General Fund For the Fiscal Year Ended June 30, 2002 Annual YTD Amended YTD Activity Percent Bud~et Activity Encumbr. + Encumbr of Bud~et Expenditures: City Council $ 334,060 $ 341,195 $ 341,195 102% (6) Community Support 428,414 402,728 $ 8,000 410,728 96% City Manager 689,537 645,778 645,778 94% Economic Development 859,206 784,817 59,045 843,862 98% City Clerk 746,387 720,500 720,500 97% City Attorney 695,000 750,311 750,311 108% (7) Finance 1,236,840 1,103,970 33,862 1,137,832 92% Human Resources 399,932 372,119 449 372,568 93% Planning 3,079,669 2,467,971 310,527 2,778,498 90% Building & Safety 1,986,541 1,758,025 2,180 1,760,205 89% Land Development 1,202,197 1,101,301 1,101,301 92% Public Works 4,934,003 3,681,382 562,165 4,243,547 86% (8) elP Admin 1,623,993 1,335,456 1,335,456 82% Police 8,942,011 8,578,956 14,010 8,592,966 96% Fire Dept 3,102,664 2,914,919 41,253 2,956,172 95% Animal Control 115,700 81,105 81,105 70% (9) Non-departmental 4,222,000 4,217,577 4,217,577 100% Total Expenditures (Excluding Transfers) 34,598,154 31,258,110 1,031,491 32,289,601 93% Revenues Over/(Under) Expenditures 19,646 7,186,816 Operating Transfers Out 5,030,000 5,030,000 Revenues Over/(Under) Expenditures and Operating Transfers (5,010,354) 2,156,816 Beginning Fund Balance, July 1,2000 21,404,491 21,404,491 Ending Fund B!llance, June 30, 2001 $ 16,394,137 $ 23,561,307 Notes: (I) The variance in community development revenue is due mainly to several specific plans being processed during the current fiscal year and higher than anticipated levels of land development and building activity. (2) The variance in motor vehicle revenues is due to greater than anticipated revenue based on per capita allocation of the state revenue pool. (3) The variance is due to increase in sales of property during the fiscal year. (4) The variance is crp reimbursement revenue is offset by corresponding budget savings in the CIP administration department budget. (5) The variance in Miscellaneous revenues is due primarily to unbudgeted State Mandated Costs of$72,119 and non-receipt of budgeted police Donations- Every 15 Minutes Program of$20,000. (6) The variance in City Council expenditures is due to more computer allocation expense than anticipated. (7) The variance in the City Attorney expenditures is due to higher than anticipted cost for development related projects and various litigation activity. (8) The variance is due primarily to lower than anticipated costs being incurred for the administration ofCIP projects. (9) The variance in Animal Control is due to expenditures are based on actual services provided and were less than anticipated. City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Gas Tax Fund For the Fiscal Year Ended June 30, 2002 Annual Amended YTD Totat Percent Budget Activity Encumbr. Activity of Budget Revenues: Section 2t05-2107 $ 1,150,500 $ t, t 33,649 $ 1,133,649 99% Investment interest 6,500 5,738 5,738 88% Total Revenues 1,157,000 t, t 39,387 t, t 39,387 98% Expenditures: Operating transfers out 1,157,000 1,139,387 1,139,387 98% Revenues Over/(Under) Expenditures Beginning Fund Batance, July 1, 2001 Ending Fund Balance, June 30, 2002 $ $ City ofTemecuta Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual State Transportation Fund For the Fiscal Year Ended June 30, 2002 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget Revenues: Investment interest $ 13,790 $ 13,790 Traffic congestion relief $ 194,600 166,529 t 66,529 86% Total Revenues 194,600 180,319 180,319 93% Expenditures: Operating transfers out 489,600 556,319 556,319 114% Revenues Over/(Under) Expenditures (295,000) (376,000) Beginning Fund Balance, July 1, 2001 398,619 398,619 Ending Fund Balance, June 30, 2002 $ 103,6t9 $ 22,619 City ofTemecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Development Impact Fund For the Fiscal Year Ended June 30, 2002 Annual Amended YTD Totat Percent Budget Activity Encumbr. Activity of Budget Revenues: Quimby $ 160,000 $ 364,436 $ 364,436 228% Street improvements 998,000 855,959 855,959 86% Traffic signals 248,000 199,773 199,773 81% Parks 793,000 661,959 661,959 83% Corporate facilities 252,000 224,192 224,192 89% Fire protection 65,000 70,098 70,098 108% Library t97,000 160,987 160,987 82% Public facilities 4,082 4,082 Investment interest 260,829 260,829 Miscellaneous 21,708 21,708 Total Revenues 2,713,000 2,824,023 2,824,023 104% Expenditures: Operating transfers out 7,991,380 2,575,833 2,575,833 32% (1) Revenues Over/(Under) Expenditures (5,278,380) 248,190 Beginning Fund Balance, July 1, 2001 8,547,693 8,547,693 Ending Fund Balance, June 30, 2002 $ 3,269,3 t 3 $ 8,795,883 Notes: (1) The variance in operating transfers out is due to the timing of when DIF funded projects are started and costs are incurred. 7 City ofTemecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Community Development Block Grant For the Fiscal Year Ended June 30, 2002 Grant revenue Annual Amended YTD Totat Percent Budget Activity Encumbr. Activity of Budget $ 754,300 $ 621,460 $ 621,460 82% 754,300 621,460 621,460 82% Revenues: Total Revenues Expenditures: Other outside services Operating transfers out 58,000 696,300 40,000 58t,460 40,000 581,460 84% Total Expenditures 754,300 621,460 621,460 82% Revenues Over/(Under) Expenditures Beginning Fund Balance, Juty t, 2001 Ending Fund Balance, June 30, 2002 $ $ A City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual AB 2766 Fund For the Fiscal Year Ended June 30, 2002 AB 2766 Investment interest Annual Amended YTD Totat Percent Budget Activity Encumbr. Activity of Budget $ 58,000 $ 68,535 $ 68,535 118% 2,019 2,019 58,000 70,554 70,554 122% Revenues: Total Revenues Expenditures: Operating transfers out 130,000 6,000 6,000 5% (I) 130,000 6,000 6,000 5% (72,000) 64,554 56,971 56,97t $ (15,029) $ 121,525 Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2001 Ending Fund Batance, June 30, 2002 (1) The variance in transfers out is due to the timing of when AB 2766 funded project(s) (79S Sidewalk Landscape) are started and costs are incurred. a City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual AB 3229 COPs For the Fiscal Year Ended June 30, 2002 Total Revenues AB 3229 - COPS Investment interest Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget $ $ 139,591 139,591 867 867 0 140,458 t40,458 Expenditures: Operating transfers out 139,591 139,591 Revenues Over/(Under) Expenditures o 867 Beginning Fund Balance, July I, 2001 $ o Ending Fund Balance, June 30, 2002 $ o $ 867 <n City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Measure "At! For the Fiscat Year Ended JundO, 2002 Measure "A" Investment interest Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget $ 1,643,000 $ 1,768,963 $ 1,768,963 108% (I) 69,014 69,014 1,643,000 1,837,977 1,837,977 112% Revenues: Total Revenues Expenditures: Debt service - principal Debt service - interest Operating transfers out 396,t38 397,580 397,580 100% 183,344 168,021 168,021 92% 3,517,880 2,460,286 2,460,286 70% (2) 4,097,362 3,025,887 3,025,887 74% (2,454,362) (1,187,910) 3,027,004 3,027,004 $ 572,642 $ 1,839,094 Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1,2001 Ending Fund Balance, June 30, 2002 Notes: (1) The variance in Measure "A" revenue is due to higher than anticipated per capita growth in Temecula, as well as strong retail sales activity county-wide. (2) The variance in operating transfers out is due to the timing of when Measure "A" funded projects are started and costs are incurred. " City of Temecula Statement of Revenues, Expenditures and Changes in Fund Batance - Budget and Actual Capital Improvement Projects Fund For the Fiscat Year Ended June 30, 2002 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget Revenues: (1) Operating transfers in $ 20,112,840 $ 11,679,898 $ 11,679,898 58% Grants 1,176,200 1,074,738 1,074,738 9t% Reimbursements 6,258,850 t,203,11O t,203,11O 19% Investment interest 248,472 248,472 Article 3 (SB 821) 216,750 38,843 38,843 18% Total Revenues 27,764,640 14,245,061 14,245,061 51% Expenditures: (t) Murrieta creek bridge/Overland ext 602 2tl,426 29,231 29,250 58,481 28% Pala Rd Interim improvements 603 4,554 4,429 4,429 97% Overland overcrossing 604 74,328 t,OOO 1,000 1% Pauba Rd Improvements II 606 32,044 25,37t 7,Ot6 32,387 101% Intersection monitoring system 607 868,242 (539) 21,568 21,029 2% Winchester Rd widening 608 1,960,9tO 22,182 22,t82 1% Rancho Ca Rd widelY nez Rd 6tl 322,866 6,806 6,806 2% Emergency generator 612 195,000 145,589 145,589 75% Traffic signals ButterfieldlRancho Ca 627 169,518 89,732 89,732 53% Pata Rd. bridge 631 383,426 72,898 127,413 200,3t 1 52% Diaz realignment 632 933,447 88,667 2,409 91,076 10% Pavement management 655 2,53 t ,868 1,558,727 652,514 2,211,241 87% Jefferson pavement improvement 656 466,619 361,559 361,559 77% t t 5/79S interchange (ultimate) 662 533,203 3,240 19,828 23,068 4% Pala Road improvements 668 2,610,316 600,067 385,4 tl 985,478 38% Ftashing beacons 2000 670 20,000 Diaz road extension at Date street 684 168,686 54,429 tl4,257 168,686 100% I I5/Winchester Road ramp improvemell1 697 69,116 68,316 68,316 99% Date street/Cherry Overpass 704 1,186,059 4,687 4,687 0% I 15/Santiago interchange 705 8,601 1,208 7,393 8,601 100% Margarita improvements Pio Pico/79S 706 1,164,987 t,094,855 54,327 t,149,182 99% Murrieta creek interim.Nia Montezuma 707 35,180 28,687 28,687 82% Murrieta creek bridge widening R.C. 710 678,409 191,332 86,279 277,611 41% Traffic signal equipment installation 712 210,000 10,014 IO,Ot4 5% Traffic signals MargaritalDePortola 713 2,238 2,947 2,947 t32% Traffic signals Margarita/Stonewood 714 149,426 135,444 135,444 91% Woodside landscaping 7t7 78,292 78,292 78,292 100% Fiber optic conduits 718 tl8,800 tl8,000 tl8,000 99% Date/Cherry Street S.B. offramp 719 1,232,064 55,613 55,613 5% 1-15 onramp widening @ Winchester 720 960 960 960 100% Margarita/Winchester intersection imp. 721 33,862 2,799 2,799 8% Bridge Barrier Rail Replacement 722 190,000 31,t68 23,895 55,063 29% Butterfield Stage Rd Ext 723 130,000 Date/Cherry Ext Diaz-Jefferson 724 1,820,000 Date/Cherry MHS to Margarita 725 5,372,000 Date/Cherry t-15 Off-ramp 726 1,000,000 546 546 0% John Warner/Santiago Rd 727 220,000 4,903 60,940 65,843 30% Signal Diaz @ Winchester 728 168,000 130,722 130,722 78% Winch/79S Landscaping 729 100,000 Ynez Road Median 730 170,000 45,685 45,685 27% (continued) 12 City ofTemecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Capital Improvement Projects Fund For the Fiscal Year Ended June 30, 2002 Annuat Amended YTD Totat Percent Budget Activity Encumbr. Activity of Budget Tax Defaulted Properties 731 103,toO Maint Fac Parking Lot 732 245,000 6,853 6,853 3% Fire Station Wolf Creek 733 229,230 tl9,096 57,983 177,079 77% 79S SidewalklLandscape 734 260,000 5,826 5,826 2% Murrieta Creek Improvement 735 150,000 125,000 125,000 83% Rainbow Canyon Sidewatk 736 53,750 2,04t 2,041 4% Pedestrian BridgelHwy 79N 738 400,000 2t,867 3,749 25,6t6 6% Vail Rch Interim Fire Station 739 250,000 245,856 1,000 246,856 99% Startight Ridge sidewalk 141 167,839 54,580 54,580 33% Murrieta Creek multi-purpose trail 142 200,000 7,497 37,300 44,797 22% Maintenance facility modification 158 859,932 856,479 856,479 toO% Maintenance facility parking lot 161 Senior center expansion 163 614,068 608,596 1,142,699 1,751,295 285% Children's museum 165 2,259,497 457,478 457,478 20% Civic center t66 Community theater t67 445,621 239,288 167,375 406,663 91% Calle Aragon park drainage t69 Chaparral HS swimming pool 170 2,876,677 2,831,492 18,292 2,849,784 99% Desiltation pond 171 5,040 3,285 1,800 5,085 to1% Margarita community park fencing 172 Sports complex 173 5,845,027 25,076 21,623 46,699 1% Sports park field tighting t74 33,9tO Sports park parking lot rehabilitation 175 Trails master plan 176 18,02t t5,74t 15,741 87% Chaparrat HS Stadium track 177 Sports park culvert design 178 11,339 10,672 10,672 94% Play Structure Retrofit 179 50,000 15,669 25,535 41,204 82% RC Sports Park ADA Access t80 79,500 379 379 0% Schoot Site ADA Improve. t81 500 490 490 98% Vail Ranch Add Amenities t82 300,000 20,062 7,443 27,505 9% City Hall Complex 199-166 75,000 City halt improvements 199-808 791 Library 129 429,012 117,388 169,624 287,012 67% Tntal Expenditures (Excluding Transfers) 41,587,301 10,673,961 3,433,239 14,107,200 34% Revenues Qver/(Under) Expenditures (t3,822,661) 3,571,100 Beginning Fund Balance, Juty 1, 200 t 11,183,05t t 1,183,051 Ending Fund Balance, June 30, 2002 $ (2,639,6 to) $ 14,754,15t Notes: (I) The variances in CIP Fund revenues and in project expenditures are due to the timing of when the various projects are actually started and costs are incurred. 12 Internal Service Funds Combining Balance Sheet As of June 30, 2002 Information Support Insurance Vehicles Systems Services Facilities Fund Fund Fund Fund Fund Total Assets: Cash and investments $ 1,396,854 $ 333,836 $ 655,424 $ 2t5,2t t $ 114,048 $ 2,715,373 Receivables 44,036 1,517 7,100 1,471 2,514 56,638 Prepaid assets 126,842 126,842 Property, plant and equipment (net of accumulated depreciation) 640,604 580,660 233,606 t,454,870 Total assets $ t,567,732 $ 975,957 $ 1,243,184 $ 450,288 $ 116,562 $ 4,353,723 Liabilities and fund equity: Liabilities: Current liabilities $ 684,520 $ 67,437 $ 74,944 $ t7,877 $ 42,420 $ 887,t98 Capital leases payable 224,411 224,4lt Total liabilities 684,520 67,437 74,944 242,288 42,420 t,ltt,609 Fund equity: Contributed capital 500,000 214,539 473,065 94,177 1,28t,78t Retained earnings 383,212 693,981 695,175 t 13,823 74,142 1,960,333 T ota! fund equity 883,2t2 908,520 1,168,240 208,000 74,142 3,242, lt4 T ota! liabilities and fund equity $ 1,567,732 $ 975,957 $ 1,243,184 $ 450,288 $ lt6,562 $ 4,353,723 Please note that these balances are unaudited. 14 Statement of Revenues, Expenses and Changes in Retained Earnings Internal Service Funds For the Fiscal Year Ended June 30, 2002 Infonnation Support Insurance Vehicles Systems Services Facilities Fund Fund Fund Fund Fund Total Revenues: Charges for services $ 471,8t5 $ 196,248 $ 1,168,859 $ 253,375 $ 432,109 $ 2,522,406 Investment interest 41,234 5,t4t 12,408 5,414 961 65,158 Miscellaneous 3,335 1,795 304 28,821 25 34,280 Operating transfer in 333,268 333,268 Total Revenues 516,384 536,452 t,181,571 287,610 433,095 2,955,1 t 2 Expenses: Salaries & wages 34,989 3tO,258 89,169 232,Q61 666,477 Operating expenses 468,263 3,024 410,349 85,497 202,137 l,t69,270 Interest 14,285 14,285 Depreciation 164,552 34t,897 69,673 576,t22 Total Expenses 503,252 t67,576 1,062,504 258,624 434,198 2,426,154 Net tncome (Loss) 13,132 368,876 119,067 28,986 (1,103) 528,958 Retained Earnings, Juty 1, 2001 370,080 325,105 576,108 84,837 75,245 t,43 t,375 Retained Earnings, June 30, 2002 $ 383,212 $ 693,981. $ 695, t 75 $ tl3,823 $ 74,t42 $ 1,960,333 Conununity Facilities Districts Combining Balance Sheet As ofJW1e 30, 200] CFD 88-12 CFD 88-12 CFD 98-0] CFD 98-01 Admin Debt Debt Admin Expense Service Service Expense Fund Fund Fund Fund Total Assets: Cash and investments $ 20,479 $ 3,578,437 $ 1,566,438 4,069 $ 5,169,423 Receivables (136) 60,367 ]5,003 $ 75,234 Total assets $ 20,343 $ 3,638,804 $ 1,581,441 $ 4,069 $ 5,244,657 Liabilities and fund balances: Liabilities: Current liabilities $ 9,725 $ 3,638,804 $ ],58],44] $ 4,069 $ 5,234,039 Total liabilities 9,725 3,638,804 1,581,441 4,069 5,234,039 Fund balances: Reserved Designated 10,618 10,618 Total fund balances 10,618 10,618 T otalliabilities and fund balances $ 20,343 $ 3,638,804 $ 1,58],44] $ 4,069 $ 5,244,657 Please note that these balances are unaudited. 16 City ofTemecula Statement of Revenues, Expenditures and Changes in Fund Balance Community Facilities Districts For the Fiscal Year Ended June 30, 2002 CFD 88-t2 CFD 88.12 CFD 98-1 CFD 98-1 Admin Debt Debt Admin Expense Service Service Expense Fund Fund Fund Fund Total Revenues: Investment interest $ 707 $ 210,539 $ 76,880 $ 80 $ 288,206 Reimbursements 221 2,184 2,405 Special assessments 26,780 1,357,920 836,652 18,400 2,239,752 Total Revenues 27,708 1,570,643 913,532 t8,480 2,530,363 Expenditures: Legal services 10,479 10,479 Sataries & Wages 500 Other outside services 42,812 t7,500 60,312 Bond Premium Expense 7,350 7,350 Debt service - principal 640,000 420,000 t ,060,000 Debt service - interest 875,897 74t,509 t,617,406 Total Expenditures 53,291 1,5t5,897 t, t 68,859 18,000 2,756,047 Revenues Over/(Under) Expenditures (25,583) $ 54,746 $ (255,327) $ 480 $ (225,684) Beginning Fund Balance, July 1,2001 36,201 Ending Fund Balance, June 30, 2002 $ to,6t8 17 ITEM 6 APPROVAL CITY A HORNEY DIRECTOR OF FINANCE iq;< CITY MANAGER 1i / . CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council , FROM: ~susan W. Jones, City Clerk/Director of Support Services DATE: September 17, 2002 SUBJECT: Holiday Schedule for City Council Meetings RECOMMENDATION: Direct the City Clerk to re-schedule the City Council Meeting of December 24, 2002, to December 17, 2002, and to perform the appropriate postings and noticing requirements of the Government Code. BACKGROUND: The second regularly scheduled City Council Meeting in Decemberfalls on December 24, 2002, Christmas Eve. Therefore, it is suggested that this meeting be rescheduled to December 17,2002. FISCAL IMPACT: No impact. Agenda Reports/Holiday Schedule ITEM 7 " CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Grant Yates, Assistant to the City Manager DATE: September 17, 2002 SUBJECT: Purchase of High-Speed Emergency Notification System PREPARED BY: Aaron Adams, Sr. Management Analyst RECOMMENDATION: That the City Council 1) Authorize the purchase of a City-Wide Emergency Notification System from Plant Equipment for $42,791.25. 2) Appropriate $22,000 in the Police Department Equipment line item and increase estimated revenue grant revenue for $22,000. BACKGROUND: Staff has been investigating ways to more effectively communicate with City residents during an emergency. Earlier this year, staff was introduced to new technology that has since been implemented in many jurisdictions around the country. This system is called the "Communicator" and is available through local vendor, Plant Equipment. Before staff recommended purchasing this system, we also reviewed other products, but found the Communicator to better fit our needs. In addition this purchase can be considered a sole- source purchase as the Communicator will integrate with our existing GIS system and is the only product that we found that allows for staff notification in an emergency. The Communicator is a high-speed telephone based notification system that offers a very high calling capacity for large-scale notifications as required before, during and after such events as inclement weather, chemical releases, missing persons, and evacuations, This system works in conjunction with the City's Geographic Information System and can be activated,from the field, by police or fire personnel to provide information to the community about an emergency situation, Recently the City was successful in obtaining $22,000 in grant funding for this system through the Riverside County Fire Department Emergency Services Division. The balance of $20,791.25 will be funded through a Local Law Enforcement Block Grant. FISCAL IMPACT: This new program will be funded entirely through grant funding. A total of $22,000 will be funded by a FEMA grant and the remaining funds through a Local Law Enforcement Block Grant (LLEBG). The LLEBG funds have already been appropriated in the amount of $20,791.25. As a result, the appropriation of $22,000 is offset by the increase estimated grant revenue. Attachment: Agreement & Plant Equipment Quote . R:\ADAMSA\COUNCIL\Reverse 911 staff report.doc Proposal Date: September 9, 2002 Proposal No.: 6438 The Communicator Automatic Notification System - Upgrade City of Temecula Customer Information Customer: City of Temecula Contact: Phone: Fax: E-Mail: PEl Contact Information Sales Representative: Phone: Fax: E-Mail: Account Exec: John Bourne Phone: 909-719-2100 Fax: 909-296-2739 E-Mail: ibournelRl...einc.com 1 TSD THE COMMUNICATOR™ : '>Dfisi:ljbtiaiii ~'. i();UifitielicJi :UlMijYi ;;. ;i;Uj.;;I:QUW, The Communicator includes: Phone Line Expansion (8 Ports) $ 35.500.00 EA $ 35,500.00 Networking for CommunicatorlGeoNotify with one(1) Seat License Commercial Data (maps, addresses & phone numbers) OneCall Offsite Back-Up with FTP Access (3,000 calls included) Multi-Form Chassis Hardware Package Pre-Installation Set-up One Year 24/7 Support & Warranty 0; Part No. The Communicator System Subtotal $ 35,500.00 Plant Equipment. Inc. - P.O. Box 9007 - 42505 Rio Nedo, Temecula, CA 92589. Tel: 909.676.4802 - Fax: 909.676.9651 Visit OUf Web Site at http://www.peinc.com Page 1 of 2 The Communicator Automatic Notification System - Upgrade City of Temecula Services Q F?aI'tN6, "'QiiifcnotiifilJ '/:lil"it'F?ncii' " ,J'J'/:lIMJ'W ;;, "wmofilm Services 1 809800-17101 On-Site InstallationfTraining (3 days) $ 4,500 $ 4,500.00 1 T5D One Year 24/7 Support & Warranty Services and Training Subtotal $ 4,500.00 Quote Summa The Communicator System Services subtotal CA Sales Tax $35.500.00 89% 11% Additional Comments Quote is valid for 45 days from Proposal Date. Lead Time: 6 - 8 Weeks ARO. Quote includes an 8 line Communicator System. Installation and training for 3 days has been included. 24/7 manufactuer support and warranty has been included through year one. A block of back up calls not to exceed 3000 per year has been included. Call volumes that exceed 3000 will be charged at .25c per call. Plant Equipment, Inc.. P.O. Box 9007 - 42505 Rio Nedo, Temecula, CA 92589 - Tel: 909.676.4802 - Fax: 909.676.9651 Visit our Web Site at http://www.peinc.com Page 2 of 2 CITY OF TEMECULA PURCHASE AND INSTALLATION AGREEMENT COMMUNICATOR AUTOMATIC NOTIFICATION SYSTEM-UPGRADE This Purchase and Installation Agreement ("Agreement") is made and entered into as of September 17, 2002 by and between the City of Temecula ("City"), a municipal corporation, and Plant Equipment, Inc. ("Vendor"). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Purchase and Sale of EauiDment. On and subject to the terms and conditions set forth in this Agreement and the Contract Documents, Vendor agrees to design, manufacture, sell, deliver and install to the City modular and private office furniture for City Hall as more particularly described in Exhibit A Description of Equipment & Exhibit C Vendor proposal, attached hereto and incorporated herein as though set forth in full (hereafter "Equipment"). 2. Purchase/Installation Price. The Purchase and Installation price which City agrees to pay to Vendor for the equipment, training, 1-year warranty and installation of the Communicator Automatic Notification System, is Forty-Two Thousand, Seven Hundred and Ninety One Dollars and Twenty-Five Cents ($42,791.25) The Purchase price is final and shall be paid by City to Vendor in accordance with the following schedule: 50% deposit at the time of approved contract with balance d/:le upon completion of project as set forth in Exhibit B. 3. Chanae Orders. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the Work in an amount not to exceed the contingency as established by the City Council. A 10% contingency in the amount" of $4,279.00 is available if change orders should take place above the purchase price amount. 4. ScoDe of Work. Vendor shall design, manufacture, and install the equipment as described in the Scope of Work, attached hereto and incorporated herein as Exhibit A and Exhibit C ("Work"). Vendor shall provide and furnish all design sketches, 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. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed by the City. 5. ReDresentations and Warranties of Vendor. Vendor makes the following representations and warranties to City: a. Authoritv and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery, installation and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, installation and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. R:\vollmum\agreements.all\reverse911.2002 1 b. Title and Operatina Condition. Vendor has good and marketable title to all of the Equipment designed, manufactured and installed. All of the Equipment are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Equipment are in good operating condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Contract Documents. Vendor is aware the City is purchasing the Equipment for use as an emergency back-up generator for electrical power to City Hall and that City is relying on Vendor's warranties that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. c. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contain, or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 6. Performance. Vendor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent perform all tasks described herein. Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Vendor hereunder in meeting its obligations under this Agreement. Installation of the Equipment shall be performed by a licensed contractor. 7. City Approval. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. The City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 8. Time of Deliverv. be completed by November 30, 2002. The date and time of delivery of the furniture shall 9. Place of Deliverv. The Equipment shall be delivered to this location: 43200 Business Park Drive, Temecula, California. On-site installation date and time must be pre-approved by City. 10. Reiection. In the event of such notice of non-conformity by City pursuant to Section 6, City may, at its option, (1) reject the whole of the Equipment and Installation, (2) accept the whole of the Equipment and Installation, or (3) accept any commercial unit or units of the Equipment and reject the remainder or the Installation. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by the City, City agrees to comply with all reasonable instructions of Vendor and, in the event that R:\vollmum\agreements.all\reverse911.2002 2 expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses. 11. No Replacements of Cure. This Agreement calls for strict compliance. Vendor expressly agrees that the design, manufacture and installation of Equipment tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Equipment or any part thereof pursuant to Section 8, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to effect a cure of the original tender by Vendor. 12. Indemnification. Vendor agrees to defend, indemnify, protect and hold harmless the City, its officers. officials, employees, agents and volunteers from and against any and all claims, demands, losses, damages, costs and liability of any kind or nature which the City, its officers, officials, employees, agents or volunteers 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 or from the Equipment or Vendor's maintenance thereof, excepting only liability arising out of the sole negligence of the City. 13. Contract Documents. a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: (1) Vendor quotes, dated June 28, attached hereto as Exhibit A. b. In the event any term or condition of the Contract Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. c. In the event of a conflict in terms between this Agreement, the quote provided by the Vendor and attached to this Agreement shall prevail. 14. Default of Vendor. a. The Vendor's failure to comply with the provisions of this Agreement shall constitute a default. In the event the Vendor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Vendor for any work performed after the date of defauit and can terminate this Agreement immediately by written notice to the Vendor. If such failure by the Vendor to make progress in the performance of work hereunder arises out of causes beyond the Vendor's control, and without fault or negligence of the Vendor, it shall not be considered a default. b. If the City Manager or his delegate determines the Vendor is in default in the performance of any of the terms or conditions of this Agreement, it shall service the Vendor with written notice of the default. The Vendor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event the Vendor 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. R:\vollmum\agreements.all\reverse911.2002 3 15. Liabilitv Insurance. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projecVlocation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per occurrence. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, R:\vollmum\agreements.all\reverse911.2002 4 occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceotability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coveraae. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 16. Prevailina Waaes. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the District 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. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the 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. R:\vollmum\agreements.all\reverse911.2002 5 17. Survival of Representations and Warranties. All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, installation and performance of this Agreement. 18. leqal Responsibilities. The Vendor 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 Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 19. 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 warrrants 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. 20. Independent Contractor. Vendor 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 the Vendor shall at all times be under the Vendor's exclusive direction and control. Neither the City nor any of its officers, employees, agents or volunteers shall have controi over the conduct of the Vendor or any of the Vendor's officers, employees, agents or volunteers except as set forth in this Agreement. Vendor 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 of Temecula. Vendor shall not incur or have the power to incur any debt, obligation or liability whatever against the City, or bind the City in any manner. 21. Assiqnment. The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 22. Notices. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to. Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To Vendor at: Plant Equipment, Inc. PO Box 9007 42505 Rio Nedo Temecula, CA 92589 To City at: City of Temecula Attn: City Manager 43200 Business Park Drive Temecula, California 92589 R:\vollmum\agreements.all\reverse911.2002 6 23. Governina Law. The City and Vendor understand and agree that the iaws 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. 24. Entire Aareement. 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 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. 25. Authoritv To Execute This Aareement. The person or persons executing this Agreement on behalf of Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties to this Agreement have duly executed in on the day and year first above written. CITY OF TEMECULA Ron Roberts, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney R:\vollmumla9reements.alllreverse911.2002 7 Vendor Plant Equipment, Inc. PO Box 9007 42505 Rio Nedo Temecula, CA 92589 Phone (909) 676-4802 Fax (909) 676-9651 BY: Signatures two (2) Corporate Officers required for corporations. R:\vollmum\agreements.all\reverse911.2002 8 EXHIBIT A DESCRIPTION OF EQUIPMENT/SCOPE OF WORK All work to be performed as per specifications attached hereto and incorporated herein. . Equipment to be installed should include: Phone Line Expansion (8 ports) Networking for Communicator/GeoNotify with one (1) Seat License Commercial Data (maps, addresses & phone numbers) OneCall Offsite Back-Up with FTP Access (3,000 calls included) Multi-Form Chassis Hardware Package Pre-Installation Set-Up One Year 24/7 Support and Warranty . On-Site InstallationfTraining (3 days) One Year 24/7 Support and Warranty R:\vollmum\agreements.all\reverse911.2002 9 EXHIBIT B PAYMENT RATES AND SCHEDULE Cost of Work shall not exceed $42,791.25 as quoted by the Vendor in the letters dated September 9, 2002 attached hereto and incorporated herein. R:\vollmumlagreements.all\reverseg11.2002 10 EXHIBIT C VENDOR'S PROPOSAL DATED R:\vollmum\agreements.all\reverse911.2002 11 ITEM 8 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER pI0 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Howard Windsor, Fire Chief ~)::I DATE: September 17, 2002 SUBJECT: Purchase of one (1) Fire Department Rescue Squad Vehicle Prepared by: Howard Windsor, Fire Chief and Gus Papagolos, Fiscal Services Manager RECOMMENDATION: That the City Council: 1. Approve the purchase of the Rescue Squad Vehicle Apparatus from KME in the amount of $108,906.16. DISCUSSION: The City currently has two paramedic assessment squads located at stations 84 and 73. With the purchase of this vehicle the City will have a third fire rescue vehicle in full operating capacity. This vehicle will become the front line rescue unit located at Parkview Fire Station (Station #84). And the first vehicle purchased by the City at the inception of this program will become the fire rescue back-up vehicle Station #84 (Medic Squad 84R) for the City. The purchase of the fire rescue squad vehicle is being made based on the previous purchase from KME Fire Apparatus. The bid price from the last purchase is being honored by KME Fire Apparatus and applied to this purchase. Staff has requested several modifications to the original vehicle specification, which has affected an overall increase of $3,070 from the previous purchase price of the vehicle. The price increase is the result of a cab and chassis increase as well as the modification to the original specifications to include additional 110-volt receptacles, three (3) 12-volt power supplies, strip lighting in all compartments and a hydraulic generator. Because of a limited number of vehicle cab and chassis types that meet this specification the model year 2002 Ford F550 cab and chassis is the only platform that can meet the county's specification for this emergency vehicle application. The purchase agreement is based on an approximate 90-120-calendar day delivery from the time KME receives the cab and chassis. The followin9 information applies to the KME "Walk Around" light duty rescue vehicle body mounted on a 2002 Ford F550 cab and chassis: Dealer KME Fire Apparatus Vehicle/Model F-550 Extended Cab and Chassis (2002) Price $1 08,906.16 tax included FISCAL IMPACT: squad vehicle. Adequate funds are available in the operating budget to purchase this rescue Attached: City Purchase Agreement With KME Fire Apparatus CITY OF TEMECUlA PURCHASE AND INSTAllATION AGREEMENT KME FIRE APPARATUS PARAMEDIC SQUAD BODY This Purchase and Installation Agreement ("Agreement") is made and entered into as of August 27, 2002, by and between the City of Temecula ("City"), a municipal corporation, and KME Fire Apparatus ("Vendor"). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Purchase and Sale of Eauipment. On and subject to the terms and conditions set forth in this Agreement and the Contract Documents, Vendor agrees to manufacture, sell and deliver to the City a KME "Walk Around" Light Duty Rescue Vehicle body as more particularly described in Exhibit A, Paramedic Squad Specifications, attached hereto and incorporated herein as though set forth in full (hereafter "Equipment"). 2. Purchase/Installation Price. The Purchase and Installation price which City agrees to pay to Vendor for the Equipment, Service and Installation is One Hundred Eight Thousand, Nine Hundred and Six Dollars and Sixteen ($108,906.16). The Purchase price is final and shall be paid by City to Vendor within 30 days of receipt of invoice and acceptance by the Riverside County, City of Temecula, Fire Department. 3. Scope of Work. Vendor shall manufacture and install the equipment as described in the Scope of Work, attached hereto and incorporated herein as Exhibit A ("Work"). Vendor shall provide and furnish all 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. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed by the City. 4. Representations and Warranties of Vendor. Vendor makes the following representations and warranties to City: a. Authoritv and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery, installation and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, installation and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title and Ooeratina Condition. Vendor has good and marketable title to all of the Equipment manufactured and installed. All of the Equipment are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions R:\Finance\Purchasing\Agrreements.AIl\KME.Rescue Squad Cab.2002 1 and restrictions except for such as may be created or granted by City. All of the Equipment are in good operating condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Contract Documents. Vendor is aware the City is purchasing the Equipment for use as Paramedic Squad body to City supplied Vehicle cab and chassis and that City is relying on Vendor's warranties that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. c. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contain or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 5. Performance. Vendor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent perform all tasks described herein. Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Vendor hereunder in meeting its obligations under this Agreement. 6. City Approval. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 7. Time of Deliverv. The date and time of delivery of the Equipment shall be approximately 120 days from receipt of Contract by the Vendor. 8. Place of Deliverv. The Equipment shall be delivered to this location: Parkview Fire Station 84, 30650 Pauba Road, Temecula CA 92592 9. Reiection. In the event of such notice of non-conformity by City pursuant to Section 6, City may, at its option, (1) reject the whole of the Equipment and Installation, (2) accept the whole of the Equipment and Installation, or (3) accept any commercial unit or units of the Equipment and reject the remainder or the Installation. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses. 10. No Replacements of Cure. This Agreement calls for strict compliance. Vendor expressly agrees that both the Equipment and Installation tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Equipment or any part thereof pursuant to Section 8, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to effect a cure of the original tender by Vendor. R:\Finance\Purchasing\Agrreements.AII\KME.Rescue Squad Cab.2002 2 11. Indemnification. Vendor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees, agents and volunteers from and against any and all claims, demands, losses, damages, costs and liability of any kind or nature which the City, its officers, officials, employees, agents or volunteers 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 or from the Equipment or Vendor's maintenance thereof, excepting only liability arising out of the sole negligence of the City. 12. Contract Documents. a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: (1) Paramedic Squad Specifications, attached hereto as Exhibit A; (2) Vendor's Proposal Sheet dated January 10, 2002, attached hereto as Exhibit B. b. In the event any term or condition of the Contract Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. c. In the event of a conflict in terms between this Agreement, the RFP and/or the Vendor's response to the RFP, this Agreement shall prevail over the RFP and the Vendor's Response to the RFP, and the RFP shall prevail over the Vendor's Response to the RFP. 13. Default of Vendor. a. The Vendor's failure to comply with the provisions of this Agreement shall constitute a default. In the event the Vendor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Vendor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Vendor. If such failure by the Vendor to make progress in the performance of work hereunder arises out of causes beyond the Vendor's control, and without fault or negligence of the Vendor, it shall not be considered a default. b. If the City Manager or his delegate determines the Vendor is in default in the performance of any of the terms or conditions of this Agreement, it shall service the Vendor with written notice of the default. The Vendor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event the Vendor 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. 14. Liability Insurance. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). - 3 - P:\AGREEMENTS\EQUIPMENTAND INSTALLATIONOl. (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. 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 ofthe City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officiais, 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. -4- P:\AGREEMENTS\EQUIPMENT AND INST ALLA TIONO 1 (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coveraqe. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 15. Survival of Representations and Warranties. All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, installation and performance of this Agreement. 16. Leaal Responsibilities. The Vendor 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 Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 17. Prohibited Interest. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. Independent Contractor. Vendor 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 the Vendor shall at all times be under the Vendor's exclusive direction and control. Neither the City nor any of its officers, employees, agents or volunteers shall have control over the conduct of the Vendor or any of the Vendor's officers, employees, agents or volunteers except as set forth in this Agreement. Vendor shall not at any time or in any manner - 5 - P:\AGREEMENTS\EQUIPMENT AND INST ALLA TIONO! represent that it or any of its officers, employees or agents are in any manner, officers, employees or agents of the City of Temecula. Vendor shall not incur or have the power to incur any debt, obligation or liability whatever against the City, or bind the City in any manner. 19 Assianment. The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 20. Notices. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To Vendor at: KME Fire Apparatus Attn: Edward G. Shabro 5400 E. Jurupa Street Ontario, CA 91761 To City at: City of Temecula 43200 Business Park Drive Temecula, California 92589 Attn: City Manager - 6- P:\AGREEMENTS\EQUIPMENT AND INST ALLA TIONOl 21. Governino Law. The City and Vendor 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. 22. Entire Aqreement. 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 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. 23. Authoritv To Execute This Aoreement. The person or persons executing this Agreement on behalf of Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the performance of its obligations hereunder. -7 - P:\AGREEMENTS\EQUIPMENT AND INST ALLA TIQNOI IN WITNESS WHEREOF, the parties to this Agreement have duly executed in on the day and year first above written. CITY OF TEMECULA Ron Roberts, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney Vendor KME Fire Apparatus Attn: Edward G. Shabro 5400 E. Jurupa Street Ontario, CA 91761 (909) 937-3326 By: Title: By: Title: Two Signatures Required for Corporations - 8- P:\AGREEMENTS\EQUIPMENTAND INSTALLATIONOl EXHIBIT A Paramedic Squad Specifications All work is to be in accordance with the attached specifications attached hereto and incorporated herein. - 9- P:\AGREEMENTS\EQUlPMENTAND INSTALLATIONOl EXHIBIT B KME Proposal Sheet The purchase and installation is for one (1) KME "Walk Around" Light Duty Rescue Vehicle body to be mounted per City of Temecula Fire Department specifications on KME supplied 2002, Ford F550 cab & chassis. The cost for manufacture and installation of the body shall not exceed One Hundred and Eight Thousand Nine Hundred and Six Dollars and Sixteen Cents ($108,906.16) as per the proposal sheet attached hereto and incorporated herein. - 10- P:\AGREEMENTS\EQUIPMENT AND INST ALLATIONOl CITY OF TEMECUlA PURCHASE AND INSTAllATION AGREEMENT KME FIRE APPARATUS PARAMEDIC SQUAD BODY This Purchase and Installation Agreement ("Agreement") is made and entered into as of August 27, 2002, by and between the City of Temecula ("City"), a municipal corporation, and KME Fire Apparatus ("Vendor"). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Purchase and Sale of Eauipment. On and subject to the terms and conditions set forth in this Agreement and the Contract Documents, Vendor agrees to manufacture, sell and deliver to the City a KME "Walk Around" Light Duty Rescue Vehicle body as more particularly described in Exhibit A, Paramedic Squad Specifications, attached hereto and incorporated herein as though set forth in full (hereafter "Equipment"). 2. Purchase/Installation Price. The Purchase and Installation price which City agrees to pay to Vendor for the Equipment, Service and Installation is One Hundred Eight Thousand, Nine Hundred and Six Dollars and Sixteen ($108,906.16). The Purchase price is final and shall be paid by City to Vendor within 30 days of receipt of invoice and acceptance by the Riverside County, City ofTemecula, Fire Department. 3. Scope of Work. Vendor shall manufacture and install the equipment as described in the Scope of Work, attached hereto and incorporated herein as Exhibit A ('Work"). Vendor shall provide and furnish all 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. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed by the City. 4. Representations and Warranties of Vendor. Vendor makes the following representations and warranties to City: a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery, installation and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, installation and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title and Ooeratina Condition. Vendor has good and marketable title to all of the Equipment manufactured and installed. All of the Equipment are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions R:\Finance\Purchasing\Agrreements.All\KME.Rescue Squad Cab.2002 1 and restrictions except for such as may be created or granted by City. All of the Equipment are in good operating condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Contract Documents. Vendor is aware the City is purchasing the Equipment for use as Paramedic Squad body to City supplied Vehicle cab and chassis and that City is relying on Vendor's warranties that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. c. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contain or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 5. Performance. Vendor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent perform all tasks described herein. Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Vendor hereunder in meeting its obligations under this Agreement. 6. City ADDroval. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 7. Time of Deliverv. The date and time of delivery of the Equipment shall be approximately 120 days from receipt of Contract by the Vendor. 8. Place of Deliverv. The Equipment shall be delivered to this location: Parkview Fire Station 84, 30650 Pauba Road, Temecula CA 92592 9. Reiection. In the event of such notice of non-conformity by City pursuant to Section 6, City may, at its option, (1) reject the whole of the Equipment and Installation, (2) accept the whole of the Equipment and Installation, or (3) accept any commercial unit or units of the Equipment and reject the remainder or the Installation. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses. 10. No ReDlacements of Cure. This Agreement calls for strict compliance. Vendor expressly agrees that both the Equipment and Installation tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Equipment or any part thereof pursuant to Section 8, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to effect a cure of the original tender by Vendor. R:\Finance\Purchasing\Agrreements.AII\KME.Rescuc Squad Cab.2002 2 11. Indemnification. Vendor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees, agents and volunteers from and against any and all claims, demands, losses, damages, costs and liability of any kind or nature which the City, its officers, officials, employees, agents or volunteers 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 or from the Equipment or Vendor's maintenance thereof, excepting only liability arising out of the sole negligence of the City. 12. Contract Documents. a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: (1) Paramedic Squad Specifications, attached hereto as Exhibit A; (2) Vendor's Proposal Sheet dated January 10, 2002, attached hereto as Exhibit B. b. In the event any term or condition of the Contract Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. c. In the event of a conflict in terms between this Agreement, the RFP and/or the Vendor's response to the RFP, this Agreement shall prevail over the RFP and the Vendor's Response to the RFP, and the RFP shall prevail over the Vendor's Response to the RFP. 13. Default of Vendor. a. The Vendor's failure to comply with the proviSions of this Agreement shall constitute a default. In the event the Vendor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Vendor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Vendor. If such failure by the Vendor to make progress in the performance of work hereunder arises out of causes beyond the Vendor's control, and without fault or negligence of the Vendor, it shall not be considered a default. b. If the City Manager or his delegate determines the Vendor is in default in the performance of any of the terms or conditions of this Agreement, it shall service the Vendor with written notice of the default. The Vendor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event the Vendor 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. 14. Liability Insurance. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). -3- P:\AGREEMENTS\EQUIPMENT AND INS! ALLA TIONOI . (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily InJury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of'the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. -4- P:\AGREEMENTS\EQUIPMENT AND INST ALLA TIONOl (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coveraae. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 15. Survival of Representations and Warranties. All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, installation and performance of this Agreement. 16. Leaal ResDonsibilities. The Vendor 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 Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 17. Prohibited Interest. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. IndeDendent Contractor. Vendor 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 the Vendor shall at all times be under the Vendor's exclusive direction and control. Neither the City nor any of its officers, employees, agents or volunteers shall have control over the conduct of the Vendor or any of the Vendor's officers, employees, agents or volunteers except as set forth in this Agreement. Vendor shall not at any time or in any manner - 5 - P:\AGREEMENTS\EQUIPMENT AND INST ALLA TION01 represent that it or any of its officers, employees or agents are in any manner, officers, employees or agents of the City of Temecula. Vendor shall not incur or have the power to incur any debt, obligation or liability whatever against the City, or bind the City in any manner. 19 Assianment. The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior wrillen consent of the City. 20. 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 (i1i) 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 Vendor at: KME Fire Apparatus Alln: Edward G. Shabro 5400 E. Jurupa Street Ontario, CA 91761 To City at: City of Temecula 43200 Business Park Drive Temecula, California 92589 Alln: City Manager -6- P:\AGREEMENTS\EQUIPMENT AND INST ALLA TIONot 21. Governina Law. The City and Vendor 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 T emecula. 22. Entire Aareement. 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 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. 23. Authority To Execute This Aareement. The person or persons executing this Agreement on behalf of Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the performance of its obligations hereunder. -7- P:\AGREEMENTS\EQUIPMENT AND INST ALLA TIONOl IN WITNESS WHEREOF, the parties to this Agreement have duly executed in on the day and year first above written. CITY OF TEMECULA Ron Roberts, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney Vendor KME Fire Apparatus Attn: Edward G. Shabro 5400 E. Jurupa Street Ontario, CA 91761 (909) 937-3326 By: Title: By: Title: Two Signatures Required for Corporations - 8 - P:\AGREEMENTS\EQUIPMENT AND INST ALLA TIONOt EXHIBIT A Paramedic Squad Specifications All work is to be in accordance with the attached specifications attached hereto and incorporated herein. - 9- P:\AGREEMENTS\EQUIPMENT AND INST ALLA TIONOI EXHIBIT B KME Proposal Sheet The purchase and installation is for one (1) KME "Walk Around" Light Duty Rescue Vehicle body to be mounted per City of Temecula Fire Department specifications on KME supplied 2002, Ford F550 cab & chassis. The cost for manufacture and installation of the body shall not exceed One Hundred and Eight Thousand Nine Hundred and Six Dollars and Sixteen Cents ($108,906.16) as per the proposal sheet attached hereto and incorporated herein. P:\AGREEMENTS\EQUIPMENT AND INST ALLATIONOl -10 - ~~ of TEMECfl. CJ' FIRE DEPARTMENT EQUIPMENT SPECIFICATIONS PARAMEDIC/RESCUE SQUAD SPECIFICATION: 2002-MS8-27 8/27/02 TABLE OF CONTENTS 1. Section 1 - General Specifications 1.1. Intent of specifications 1.5. Acceptance authority 1.2. Bid information 1.6. Delivery schedule 1.3. Other bid information 1.7. Paint 1.4. Terms of purchase 1.8. Slriping 2. Section 2 - Cab & Chassis 2.1. Inspection 2.10. Engine 2.2. Chassis and cab 2.11. Fuel system 2.3. GWVR 2.12. Coolant system 2.4. Steering system 2.13. Exhaust 2.5. Axle requirements 2.14. Transmission 2.6. Suspension requirements 2.15. Cab interior 2.7. Brakes 2.16. Exterior mirrors 2.8. Tires 2.17. Controls 2.9. Wheels 2.18. Other items required 3. Section 3 - Rescue Bodv 3.1. General tire rescue body 3.2. Compartments 3.3. Body features 3.4. Right side compartments 4. Section 4 - Electric 4.1. Emergency lighting 4.2. Upper level warning devices 4.3. lower level warning devices 4.4. Lower zone "e" rear signal master 4.5. Lower zone "A" wig wags 4.6. Audible warning devices/control heads 4.7. Apparatus communication system 4.8. Intercom system 5. Section 5 - Illustrations 5.1. Outside left 5.2. Inside left 5.3. OutBide right 5.4. Inside right 5.5. Outside rear 5.6. Inside Rear 3.5. Left side compartments 3.6. Rear/Back compartment bed area 3.7. Air bottle storage compartment 3.8. Bumper rear 4.9. 12 volt power access 4.10. Additional lighting requirements 4.11. Compartment lighting 4.12. Scene lighting 4.13. StBpli9hts 4.14. Diesel generator 4.15. Power switch 08/27/02 . Section 1. General Specifications RIVERSIDE COUNTY FIRE DEPARTMENT EQUIPMENT SPECIFICATIONS PARAMEDIC/RESCUE SQUAD CONVENTIONAL DRIVE 08/27/02 1_1 Intent of Soecifications 1.1.1 These specifications are intended to describe type, size, and quality of apparatus desired. Bids will be considered on equipment complying substantially with these specifications, provided each deviation is stated and the substitution is described, including technical data, when applicable, in a letter attached to the bid. Each and every exception must be clearly stated on previous page opposite each specification where an exception is made, lengthy detail or technical data requiring more space to explain must be easily identifiable and referred back to the specification page and line number. Riverside County Fire Department as the authorizing agency for the City of Temecula Fire Services reserves the right to accept or reject any substitutions or exceptions to these specifications. Price will not wholly detennine award. Efficiency, delivery date, reliabiltty. construction details, and manufacturing abiltty will be considered in determining which builder shall fumish the proposed apparatus. 1.1.2 Details of construction and materials not otherwise specified are lefl to the discretion of the manufacturer. The manufacturer shall be solely responsible for the design and construction of all features. The manufacturer must keep in mind the fire department plans to utilize the rescue body on a second chassis. The Fire Department will require that the manufacturer design this rescue body to last a minimum of 10 years@ 30,000 miles a year. 1.2 Bid Information 1.2.1 Sealed proposals are desired from reputable domestic manufacturers of motor fire apparatus equipment in accordance with these specifications. When submitting bids, manufacturers are required to report each and every ttem of their specifications, which does not comply with these specifications. 1.2.2 Bidders may not take exception to items in these specifications where the term "No Exceptions" is entered. Exceptions may result in rejection of the bid. 1.2.3 Each builder shall fumish satisfactory evidence of their ability to construct the apparatus specified and shall state the location of the factory where apparatus is to be built. They shall also show that they are in a position to render prompt service. 1.3 Other Bid Information 1.3.1 Each bid shall be accompanied by two (2) sets of builder's proposals consisting of a detailed description of the apparatus. 1.3.2 Should a question arise, apparatus fumished under any contract, which may be entered into, as a result of this bid shall confonn to these specifications. except as provided below: 1.3.2.1 Exceptions to specified requirements which are not clearly indicated as "Exception" on this specification by the builder as required (and if the Fire Department has not approved said exceptions in writing) may be cause for rejection. In any case, the final contract issued pursuant to the bidding process shall prevail over these specifications and the builder's proposal. 08127/02 1.3.2.2 Builders will utilize this document in their response. Indicate opposite each item of these specs where the item offered differs from the item requested. Builder's proposal shall indicate size, type, model, and make of all component parts and equipment. It is the intent of the builder's proposal to cover the furnishing and delivery to the purchaser of complete apparatus equipped as hereinafter specified. The complete vehicle shall comply in every respect with the latest editions of the Vehicle Administrative Codes of the State of California, Federal Motor Vehicle Safety standards, and Provisions of the Occupational Safety and Health Act. 1.3.2.3 1.3.2.4 1.4 Terms of Purchase 1.4.1 A sales slip and weight slip showing front axle, rear axle, and total vehicle weight shall accompany the apparatus when delivered. Dealer's report of sale shall be attached to the windshield of the vehicle. 1.4.2 A Califomia Highway Patrol Motor Vehicle Safety Inspection Report will also accompany the vehicle upon delivery, which will declare no safety or weight violations. 1.4.3 All contacts concerning any proposed deviations from these specifications after award must be made to the Fire Department Apparatus Design Officer. 1.4.4 Notification oftest and delivery of apparatus shall be made with the Fire Department Apparatus Design Officer. 1.4.5 The apparatus shall not be stored on any property of the Fire Department prior to final acceptance. 1.4.6 No repairs, additions, or alterations shall be perfonned on the apparatus while on Fire Department property prior to final acceptance of the apparatus. 1.5 Acceptance Authority 1.5.1 The Fire Chief delegate's fonnal acceptance authority, to the Fire Department Apparatus Design Officer named in the request for proposal. 1.6 Delivery Schedule 1.6.1 The builder shall state the number of calendar days required for delivery of the completed apparatus after receipt of order, and specify a calendar date for delivery. 1.6.2 Delivery schedule shall be provided to the Fire Department on receipt of order. Schedule will allow for no more than four vehicles arriving during any calendar week. This schedule will be used as the basis for detennining specified delivery date, and in the application of LIQUIDATED DAMAGES, should the need arise. 08127/02 1.6.3 Delays in delivery will severely impact the operation of the fire department. Should delivery not be completed by the promised date, liquidated damages will be applied against the amount owed for the apparatus to the builder. An amount of one hundred and fifty ($150) dollars per calendar day for each and every day of delay for each unit, will be established as liquidated damage to the fire department. And not as a penalty or forfeiture for the breach of agreement to complete delivery by the specified date on the purchase order. Liquidated damages may be applied for a maximum of ninety (90) days. After a delay in deiivery of ninety (90) days, the fire department reserves the right to cancel the order and invoke its right under the PERFORMANCE BOND. 1.6.4 The provisions of liquidated damages will apply in cases where delivery of non- acceptable apparatus is made, where replacement or repair is not made prior to the promised delivery date. 1.6.5 Should the builder be obstructed or delayed in the work required hereunder by changes in the work, or by an act, default, or omission of the fire department, or by strike, fire, or act of God, or due to Federal Govemment restrictions due to defense or war, then the lime for completion shall be extended as agreed to by the builder and the fire department. Should there be insufficient time to grant an extension prior to the completion date, the fire department may upon acceptance. waive accrued liquidated damages after hearing evidence as to the reasons for such delay, and making a finding as to the cause of same. 1.7 PaintinQ 1.7.1 The Dupont Chroma I system or equivalent will be utilized. 1.7.2 A monotone red with a clear-coat finish similar to Ford paint chip F1 shall be utilized. 1.7.3 All exposed welds will be ground smooth for final finishing of areas to be painted and primer surfacer applied for leveling of small imperfections and topcoat sealing. 1.7.4 The underside areas of the complete rescue body will be painted with an undercoat material prior to the installation of the body on the chassis. 1.7.5 The cab and body will be finish sanded and prepared for final paint. Upon completion of final preparation the apparatus will be painted utilizing the highest quality. state of the art, low V.O.C., polyurethane base paint. Finish paint will be applied in multiple coats to ensure proper paint coverage with high gloss finish. The finish will be warranted against defects for a period of not less than five (5) years, including such defects as fading, cracking, peeling, or corrosion. 1.7.6 The fire-body compartments will be sprayed utilizing polyurethane coating in graphite gray pigment. Rhino Lining or equivalent. No wires, tubes, or hoses will be painted. 1.7.7 One (1) pint of red exterior color paint with matching batch color, for touch-up purposes will be supplied when the apparatus is delivered to the end user. 1.8 StripinQ 1.8.1 The lettering and striping will be computer generated, 3M "Scotch-Cal" non- reflective gold metallic acrylic vinyl applique with 1/8" black border. Font will be Optima Semi-Bold 08/27102 1.8.2 Computer generated lettering and striping configuration have been developed to ensure symmetrical layout design and durability, which exceeds current hand applied gold leaf standards and provides economical replacement costs. 1.8.3 A white four- (4) inch Scotch lite adhesive reflective tape will be applied on the vehicle that meets NFPA requirements. Must match existing Riverside County Fire Department policy. Photographs and specifications will be provided to the contractor upon request. 08127/02 Section 2. Cab & Chassis RIVERSIDE COUNTY FIRE DEPARTMENT EQUIPMENT SPECIFICATIONS PARAMEDIC/RESCUE SQUAD CONVENTIONAL DRIVE 08127/02 2.1 Inspection 2.1.1 Fire officials shall inspect the apparatus at mid-construction prior to installation of fire body to the chassis and upon completion of apparatus. Vendors to supply drawing for approval by fire department before beginning manufacturing of body (NO EXCEPTIONS). 2.2 Chassis and Cab 2.2.1 Our need is for a domestically produced fully enclosed commercial cab and chassis powered as specified, similar to a Ford F550 Super Cab or equal. 2.2.2 A heavy-duty cab and chassis with a 60 inch rear of cab to rear axle length. 2.2.3 The chassis shall be 162" wheelbase; super-cab or equal. capable of carrying four firefighters fully clothed in fire fighting protective equipment. 2.2.4 The overall bumper to bumper length shall be approximately 260" including push bumper. 2.2.5 The overall top of cab to ground shall be approximately 90" including light bar and excluding antenna. 2.2.6 The vender will provide a drawing with the angle of departure and approach for pre-construction evaluation. 2.3 GVWR 2.3.1 GVWR will,be a minimum of 16,000 pounds with a minimum payload of 7,000 pounds. 2.4 SteerinQ System 2.4.1 Will be equipped with power steering. 2.5 Axle Requirements 2.5.1 Front axle will have a weight rating of 5.500 pounds minimum. 2.5.2 Rear axle will have a weight rating of 10.500 pounds minimum and shall have an axle width no greater than 94 inches and no less than 90 inches. Rear axle ratio shall be 4;30 to 5:13 (4;88 PREFERRED) 2.5.3 Rear axle clearance shall be approximately 8". 2.5.4 Rear axle shall be of the limited slip type. 2.6 Suspension Requirements 2.6.1 Two (2) double acting shock absorbers per axle will be supplied; capable of dampening the shock of the load carried. 2.6.2 Front and rear axle will be equipped with leaf type springs; spring capacity will exceed the capacity of the rear axle. OSn7102 2.6.3 Front axle will be equipped with a stabilizer bar. 2.7 Brakes 2.7.1 All wheel power discs, systems will comply with FMVSS 121. 2.7.2 All wheel Anti-lock brakes shall be supplied. 2.8 Tires 2.8.1 Seven (7) tires, with all season tread, will be supplied with a capacity capable of carrying a load equal to or greater than axle weight rating or as required by the manufacturers. 2.8.2 Spare tire to be mounted in under fire-body carriage. (If possible) 2.9 Wheels 2.9.1 Seven (7), wheels will be provided. They will be rated equal to or greater than axle weight rating. Wheels will be steel and painted to match the apparatus (except spare) utilizing the same preparation process established for the fire body. 2.9.2 Chrome lug nuts and axle covers will be provided to enhance the overall appearance. 2.10 EnQine 2.10.1 Shall be a Turbo-Charged diesel with a minimum of 250 hp and 505 Ib.lft torque or greater. 2.11 Fuel System 2.11.1 Will have a minimum of 33 gallons. ("Saddle" style tanks are acceptable). 2.12 Coolant System 2.12.1 Will be equipped with a heavy duty cooling system and heavy-duty transmission cooler. 2.13 Exhaust 2.13.1 Shall tenninate behind the right rear tire at a 30-degree angle with a chrome tip. 08127/02 2.14 Transmission 2.14.1 Heavy-duty automatic electronic 4 speed transmission with overdrive or equivalent with PTO port capability for a hydraulically powered generator. 2.15 Cab Interior 2.15.1 Front seats will be high back captain chairs. 2.15.2 All seats will be equipped with three (3) point seatbelts. 2.15.3 Gray vinyl upholstery for the cab. Two (2) padded visors, right visor will be equipped with vanity mirror. 2.15.4 Dual air bags shall be supplied; right side air bag will be equipped with a passenger deactivation switch. NO EXCEPTION. 2.15.5 Factory tinted safety glass will be provided in all windows. 2.15.6 The chassis will be designed and manufactured for heavy-duty fire fighting service, with adequate strength and capac~y for the intended load to be sustained and the type of service required. 2.15.7 Scuff plates will be located in all high impact areas. to be discussed in pre- construction meeting. 2.15.8 Door operated dome/courtesy light. 2.15.9 Power windows and door locks with key!ess entry will be provided. 2.16 Exterior mirrors 2.16.1 Large trailer tow mirrors that extend out from the body. Remotely operated and heated preferred. 2.17 Controls 2.17.1 This cab is to be equipped with all controls needed to operate the vehicle. 2.17.2 Two speed electric windshield wiper with intenniltent selection and washer. 2.17.3 Dash gauges provided will include the following: 2.17.3.1 Oil Pressure 2.17 .3.2 Speedometer/Odometer 2.17 .3.3 TachometerlTrip Odometer 08/27/02 2.17.3.4 Water Temperature with Alert Light 2.17.3.5 Voltmeter 2.17.3.6 Fuel Gauge 2.17.3.7 Open Compartment with alann 2.17.4. The manufacturer will be solely responsible that vehicle-handling characteristics are within accepted tolerances at all loads up to maximum gross axle weights. 2.17 .5. We have outlined specific chassis requirements, such as brakes, axles and frame components. The intent of these specific components references are as follows: 2.17.5.1. To support our logistical effort in maintaining the fire department fleet. 2.17.5.2. To eliminate components which have been unreliable or difficult to service and repair. 2.17.5.3. To incorporate proven components in new vehicles. 2.17.6 This specification requires the vehicle manufacturer to employ industry acceptable engineering criteria in the design of the vehicle and to certify its compliance with all applicable standards in force at the time of manufacture. Vehicle safety will remain the most important design criteria. 2.17.7 It will be incumbent on the builder to evaluate these specifications as to any deviations from acceptable standards of vehicle manufacture. Should the contractor identify any problem, They will be brough1 to the attention of the Fire Department. No deviations from Federal motor vehicle safety standards are intended. 2.18 Other Items Reauired 2.18.1 The vehicle shall be equipped with the following; 2.18.1.1 Ambulance prep package or equivalent which includes; 2.18.1.1.1 Auxiliary idle control 2.18.1.1.2 Dual 1 05 amp alternators or greater 2.18.1.1.3 Air conditioning 2.18.1.1.4 Passenger side airbag 2.18.2 HD Heater/Side Window Defrosters 2.18.3 Chrome Front Bumper & Front Grill 2.18.4 Fronllow hooks 08/27/02 2.18.5 Heavy-duty push bumper for the use of mounting extemal siren speakers and waming lights. (Smittybilt Outland Sport 213310-S) 2.18.6 Bright Windshield Molding 2.18.7 AM/FM Radio With Digital Clock and Door Mounted Speakers 2.18.8 Inside Hood Release 2.18.9 Locking Glove Box 2.18.10 Map Pocket in Door Trim 2.18.11 Factory OEM chrome tubular side running boards or equivalent. 2.18.12 Dual 78 A.H. HD Batteries with cab operated on/off switch 2.18.13 A solid state back-up alann will be provided and installed at the rear of the apparatus under the tailboard. The back-up alann will activate automatically when the transmission is placed in reverse gear and ignition is "on". 2.18.14 Two (2) rear tow eyes will be provided and bolted directly to the chassis frame protruding below the body at the reannost portion of the frame. Each tow eye will be a minimum thickness of;S" and will have a 3" inch diameter hole. LIFE SAFETY ONLY and labeled appropriately. 08/27/02 Section 3. Rescue Body RIVERSIDE COUNTY FIRE DEPARTMENT EQUIPMENT SPECIFICATIONS PARAMEDIC/RESCUE SQUAD CONVENTIONAL DRIVE 08/2 7/02 3.1 General Fire Rescue Bodv 3.1.1 3.1.2 3.1.3 3.1.4 3.1.5 3.1.6 3.1.7 3.1.8 3.1.9 3.1.10 3.1.11 3.1.12 3.1.13 3.1.14 Rescue body shall be mounted on an appropriate wheel base cab and chassis. The cab to axle length shall be 60". The body shall have sufficient support from the frame, both front and rear, and at the sides, so that, under full rated load, no body sagging will occur throughout the useful life of the apparatus. The body side and compartment structure will be designed and assembled to provide maximum strength and durability under all operating conditions. Special attention will be taken to minimize rust and corrosion on all fabricated parts and structural members of the body. The body design will incorporate removable panels to access spring hangers, rear body mounts, and fuel tank-sending unit. The body assembly will be a complete unit isolated from the cab. No welding or cutting shall be permitted on the chassis frame. All brackets, braces, etc. shall be boned to the frame and through the body or component part. Boltholes shall be drilled through the web of the frame member. No drilling through either frame flange will be permitted. The body shall be attached to the chassis in such a manner to enable the removal of the body from the chassis without cutting or othelWise damaging the body. The body will be all heliarc-welded construction for maximum strength and integrity for the entire life of the apparatus. All seams will be caulked prior to finish paint to ensure proper compartment seal. All Compartment panels and body side sheets will be constructed entirely from 1/8" aluminum. Each side compartment will be both plug welded and stitch welded to ensure proper weld penetration on all panels while avoiding the warping caused by a full seam weld. The side compartments will be welded on a fixture to ensure true body dimensions and squareness of all door openings. The side compartments and body side panels are then set into a squaring fixture where the superstructure is installed and the entire body aligned to be completely symmetrical. The super structure is then welded to the compartment side panels and reinforcement plates are inserted which allows the compartment panels to become an integral component of the body support structure. Proper reinforcing and supports will be utilized throughout all construction to assure strength and rigidity for this type of unil. All smooth .125 aluminum 5052H 34 will have a tensile strength of 34.000 PSI and a yield strength of 31,000 PSI. The super structure is designed to utilize 6061 extruded aluminum 3" x 1-1/2" x .375" vertical wall thickness rectangular tubing for the main transverse cross supports, and all cross bracing between the main supports in an all welded configuration. Which extends the full length and width of the body to maximize body support and structurai integrity while accommodating walkway support. This structure rests on the chassis frame rails and is secured to the chassis frame. An isolation barrier will be inserted between the body support structure and the chassis frame rails to prevent dissimilar metals corrosion. Welded construction shall not be used in the attachment of compartment hinges. Welded fenders and compartments are acceptable, but shelving within compartments must be adjustable other than noted. The front face of the body side compartments including the entire fOlWard area of the body, will be overlaid with a polished aluminum tread plate. full height protection panel. 08/27/02 3.1.15 3.1.16 3.1.17 3.1.18 3.1.19 Sacrificial, aluminum tread plate rub rails will be mounted at tha base of the body and will extend outwaro a minimum Of%", downward 2", and flange inward 1". The rub rails will extend the full length of the main body and wrap around the corners. Rub rails will be designed to boll to the body from the bottom side of the compartment area, so as not to damage the compartment panels on initial impact and to provide for ease of replacement. Both compartment tops to be covered with polished aluminum tread plate and fonned into drip rail of body. All exterior fasteners used for holding panels or tread plate will be stainless steel. In no case will pop rivets or self-tapping screws be used. Fully removable, bolt-in, 1/8" aluminum fender liners, which extend into the truck frame and have vertical splash shields, inward of the wheels will be provided. The completely washable fender liners are designed to protect the front and rear compartments and the main body supports from road salts, dirt accumulation and corrosion. The rear wheel wells will be trimmed with bolt-in replaceable type. polished extruded aluminum fenderettes. Heavy-duty mud flaps will be securely attached at the rear of the body wheel well liners behind the rear wheels. 3.2 Compartments 3.2.1 The compartment doors will be flush type with the outer skin fabricated from 3/16" (5052 H32) aluminum. The door skin will have a formed flange on one side used as a hinge, mounting flange. The door skin will have reinforcing channels welded intemally, which accommodate the inner door pan mounting. The 2" inner pan, made from 1/8" aluminum, will be boiled to the 2" thick reinforcing channels for accessibility to the latch mechanism and will enclose the latch and reinforcements completely to provide a smooth and snag free inner door configuration. 3.2.2 All horizontally hinged doors will be 1" thick in order to optimize compartment space. 3.2.3 All compartment doors shall be hinged on their vertical edge, and where possible on the leading edge. All doors shall be full length, stainless steel piano type with y." minimum stainiess steel pin size and shall be securely bolted to both the compartment and the compartment door. 3.2.4 Protection panels will be located in the rear compartments providing access to lights and associated wiring. The covers will also serve as protective covers to prevent inadvertent damage to lights or wiring from tools or equipment located in the compartment. 3.2.5 Compartment doors shall have "Cleyeland dual spring' stay rods to hold door in its open position. The stay rods shall be stainless steel. A.L. Hansen Company, Model #5 door checks or equivalent. 3.2.6 Top hinged compartment door will be furnished with Eberhard gas shock, type door stay anns. 3.2.7 Door latches will be Eberhard #206 automotive type mechanism or equal. Latches will be stainless steel "0" ring style for ease of operation even with gloves on. The blank. door in a double configuration will be provided with an internal two-point slam latch with a squeeze type inner door opener. Dissimilar metals insulating gaskets will be placed between the door handles and outer door panels to prevent any electrolytic reaction between dissimilar metals to protect paint. All doors shall be lockable and k.eyed to Riverside County Fire Department standards. Keys will be provided at pre-construction meeting. 08/27/02 3.2.8 3.2.9 3.2.10 3.2.11 3.2.12 3.2.13 3.2.14 Compartment floors are welded to compartment walls, with door opening flanges flanged down to provide a sweep-out design to pennit easy cleaning. Compartments set on running boards or with a lip at bottom of door are not acceptable. All compartments shall be weatherproof. All shall have weather stripping and adhesive seals on all four (4) sides of the door opening. All double doors shall have weather stripping at the point where they join in the closed position. Compartment shelving will consist of 3/16" brush finished aluminum, with a 2" lip on all four (4) sides. Shelves will be vertically adjustable by mounting in heavy- duty aluminum unistrut "CO channel tracking material. securely fastened to the wall. Shelving must be lockable type to pennsnently secure in place and allow full adjustment of shelves regardless of accessories utilized. There shall be two strips per compartment wall. Heavy-duty slide-out trays to be installed at bottom of compartments as noted and to have Grant-slides #3320-20 (250# cap.). All compartment floors shall have polyurethane coating applied to minimize movement of stored equipment, Rhino Linings or equivalent. Orip molding will be provided around the perimeter of the roof edge panels as an integral component of the panels. A secondary extruded aluminum drip molding will be attached to and directly over all of the compartment doors. Machine stamped ventilating louvers will be fumished in each enclosed compartment and will be positioned towards the rear bed compartment so that airflow through the center of the apparatus can occur and water will not nonnally enter the compartment. 3.3 Bodv Features Length: Height: Compartment depth: Bed Width: Overall width: 108" long 54" high 25' deep 40' wide 90" wide 3.4 RiQht Side Compartments 3.4.1 R-1, Front Compartment- 54"H x 37"W x 25"0. (1) Heavy-duty adjustable shelf mounted 16" from bottom frame rail. 3.4.2 R-2, Horizontal Compartment- 33"H x 44'W x 25'0 with double doors. (1)Heavy- duty adjustable shelf center mounted. Compartment shall have a sweep out floor and an electronically controlled locking mechanism that may be activated via dash mounted switch. 3.4.3 R-3, Rear Vertical Compartment- 54'H x 27"W x 25"0. This compartment will contain six heavy-duty slide out drawers (2) 8'H x 17"0 (4) 6"H x 22'0. 3.5 Left Side Compartments 3.5.1 L-1, Front Compartment - 54'H x 37'W x 25'0. (1) Heavy-duty adjustable shelf mounted 16" from bottom frame. 3.5.2 L-2. Lower Center Compartment- 19'H x 44"W x 25'0. (1) Heavy-duty slide out tray mounted to the bottom of compartment. 08/27/02 3.5.3 L-3, Rear Vertical Compartment- 40'H x 27W x 25'0 (2) adjustable shelves with a single downward opening door utilizing two gas shocks capable of supporting the door 3.5.4 L-4, Upper Center Compartment- 14"H x 71"W x 25"0 with a single door utilizing two gas shocks capable of supporting the door at 110 degree angle. 3.6 Rear/Back Compartment Bed Area 3.6.1 B-1, Top Rear Compartment- 108"0 x 38"H x 40W 3.6.2 Double doors (barn type) with door holders. Door Holders rear compartment bed area, must not create safety hazard to personnel, Le., pointed sharp profile. Must provide adequate protection to ensure that rescue body and/or doors do not cause damage to one another. 3.6.3 B-2, Bottom Rear Compartment- 88"D x 13"H x 40'W. A partition shall be established to separate backboards from a rescue basket. 3.6.4 A two (2) section compartment cover that slides as far forward as possible and will be hinged at the front stationary section WITh lifting cylinders for easy lifting and to hold in the upright position regardless of weight. 3.6.5 The rear surface of the body, around the rear compartment access doors will be overlaid with a polished aluminum tread plate, to protect the painted surfaces around rear compartment. 3.7 Air Bottle Storage Compartments 3.7.1 A total of three (3) air bottle storage compartments (8" high x 8" wide x 25" deep) will be inserted into the body fender area on a 5 degree, pitch. The compartments will be located one (1) toward the front and one (1) toward the rear of the passenger side fender well area and one (1) toward the front of the drivers side fender well area. The lower portion of the compartment will be rubber lined to absorb shock. 3.7.2 Each storage compartment will be equipped with a polished aluminum door. 3.8 Bumper Rear 3.8.1 10' rear bumper (step type with a 0.5' space between the body and the bumper) to be covered with tread plate all sides. A recessed hole will be cut into the vertical portion of the bumper to allow for mounting of the Signal Master warning device. 08127102 Section 4. Electrical RIVERSIDE COUNTY FIRE DEPARTMENT EQUIPMENT SPECIFICATIONS RESCUE SQUAD CONVENTIONAL DRIVE 08/27/02 4.1 EMERGENCY LIGHTING 4.1.1 Vehicle lighting, reflectors and warning equipment will comply with all Federal Department of Transportation, California Vehicle Code lighting standards, Title 13 Sirens Article 8, Sections: 1020 through 1028, Installation Section 1029, and Lamps Article 22, Section: 810 through 818. Whenever possible all lights shall be LED. NO EXCEPTION. All emergency equipment shall meet or exceed NFP A requirement and California Vehicle Code requirements. 4.1.2 All wiring will be in a fire resistive; split convoluted polypropylene loom, adequately protected from damage due to vibration or mechanical injury. All wiring will be neatly supported and clamped throughout the vehicle. At any point where wire or looms must pass through metal, rubber grommets shall be installed to protect the wire from abrasion. 4.1.3 All wiring in the fire body compartments shall be done in a manner that does not interfere with the mounting of equipment on any surface. NO EXCEPTION. 4.1.4 ALL EMERGENCY WARNING SYSTEMS COMPONENTS WILL BE CONTROLLED THROUGH THE SIREN CONTROL HEAD (with the exception of the siren brake, hom/siren switch and master code 3 switch) WITHOUT THE NEED FOR AN ADDITIONAL ROCKER SWITCH BANK ON THE DASH. 4.1.5 Strobe lighting unacceptable. 4.1.6 Relays will be used on all lighting to provide adequate current and switch protection. 4.2 UPPER LEVEL WARNING DEVICES 4.2.1 Zone "A" (front) shall have one (1) Federal Signal 53" Vista light-bar (Model #: X232P2XXC) mounted on the cab roof. The light-bar shall have; two (2) 120FPM standard speed rotators. two (2) 175FPM fast-speed rotators, two (2) trapezoid mirrors, two (2) VR intersection "sweep" lights, four (4) rear flashing halogen lights, two (2) alley lights, two (2) CA steady burn lights, one (1) TCL and one (1) 3M Opticom emitter (Model #: 3M-792H). The light-bar will be pennanent mounted to the cab roof. 4.2.2 Zone "C" (rear) shall have two (2) Federal Signal MODLED 3-up LED warning lights with clear lenses (Model #: MODLED3F-RRA). Each light shall be connected to one (1) Federal Signal solid state LED flasher (Model #: FA5). These lights shall be flush mounted. If flush mount product not ayailable, a surface mount light is acceptable. 4.3 LOWER LEVEL WARNING DEVICES 4.3.1 Eight (8) Federal Signal MODLED 1-up LED warning lights with clear lenses shall be installed in the following manner: 4.3.1.1 Two (2) lights on the front of the apparatus (Zone "Ai. 08/27/02 4.3.1.2 One (1) light on each front comer point of the apparatus (Zone "B" & "0"). 4.3.1.3 Two (2) lights on each rear corner points (Zone "B" & "0"). 4.3.1.4 Two (2) lights on the rear of the apparatus (Zone "c'). 4.3.2 Each LED warning light shall be connected to one of two (2) Federal Signal solid- state LED flashers (Model #: FA5). These lights shall be flush mounted. If flush mount product is not available, a surface mount light is acceptable. 4.4 LOWER ZONE "C" REAR Sianal Master 4.4.1 Signal Master Model SML8 to be flush mounted in the rear bumper of the apparatus, in a manner that will provide protection during routine operations. Exact location to be determined at pre-construction meeting. 4.4.2 The Signal Master shall only operate when vehicle transmission is in the park position. 4.4.3 Once the transmission has been placed in drive the Signal Master shall automatically go to the rear flash mode. 4.5 LOWER ZONE "A" WIG WAGS 4.5.1 Wig Wag headlights shall utilize (model #: PSE 360 HL). A switch near the siren control head will activate an override control for night driving. Wig Wag mode shall be automatically canceled whenever the high beams are in use. 4.6 AUDIBLE WARNING DEVICES/CONTROL HEADS 4.6.1 One (1) Federal Signal 200W electronic "Q" siren with PA microphone (Model #: EQ2B) shall be installed and connected to two (2) 1 OOW DynaMax flush-mount electronic siren speakers (Model #: MS100-01) mounted on push bumper of apparatus. This system shall include all necessary options provided by Federal Signal. 4.6.1.1 Control head will be wired to allow vehicle horn button to activate siren or change siren from "wail to yelp" and automatically retum to "wail" within eight (8) seconds. 4.6.2 All of the lights listed shall automatically be deactivated when the transmission is placed in park and parking brake set: 4.6.2.1 Wig wag 4.6.2.2 Clear intersection and clear rotators mounted in the light bar including opticom. 4.6.4. Federal Signal (Model #:SS2000SM-SC) control head. Switches for emergency lighting shall be provided through siren control head in the following manner: 08/27/02 4.6.4.1. Left first switch: left alley light in light bar and left Fire Research scene light. 4.6.4.2. Second switch: right alley light in light bar and right Fire Research scene light. 4.6.4.3. Third switch: rear clear work lights in light bar and rear pick-up lights. 4.6.4.4. Forth switch: intersection light in light bar ovenide/deactivation, clear rotators in light bar ovenide/deactivation, and front wigwag ovenide/deactivation. 4.6.4.5. Siren control head position #1: rear amber's and Signal Master. 4.6.4.6. Siren control head position #2: rear amber's and rear red's, Signal Master, red rotating lights in the light bar, front reds mounted in cab, front solid reds and front flashing reds mounted in light bar, all side lights mounted on the cab and rescue body, air horn officer side and EQ2B siren switches. 4.6.4.7. Siren control head position #3: rear amber's and red, Signal Master, all rotating lights in the light bar, wig wags, intersection lights mounted in light bar, front reds mounted in cab, front solid reds and front flashing reds mounted in light bar, all side light mounted on the cab and rescue body, air horn officer side and EQ2B siren switches. 4.6.4.8. The Control Head shall allow operator to select one of the alternating modes; center out, right or left. 4.6.4.9. Must meet California Vehicle Code requirements. 4.7 APPARATUS COMMUNICATION SYSTEMS 4.7.1 The siren and communication equipment will be mounted into a Gamber Johnson Epic 17 console with cup holders. 4.7.2 Riverside County Fire Department to provide all radio communication equipment. 4.7.3 The builder will be required to mount all control heads and speakers howeyerthe builder will have Commtronix Company of Hemet, Califomia pull all wiring, mount the antenna, along with making all of the final hook-ups and testing of the system. Contact Commtronix@ 909-925-7539 4.8 INTERCOM SYSTEM 4.8.1 Riverside County Fire Department to provide all radio communication equipment. 4.9 12 VOLT POWER ACCESS R-2 COMPARTMENT 4.9.1 A 12-volt cigarette adapter style power supply will be supplied near the top, hinge side corner of compartments R-1 and L 1 and front corner of compartment R-2 for the purpose of maintaining continual power access to ALS equipment and hand held lighting equipment. 08/27/02 4.10 ADDITIONAL LIGHTING REQUIRMENTS 4.10.1 Two (2) Federal Signal MODLED 5-up LED brake/turn/backup light assemblies, (Model #: MODLED5F-BTTB) shall be installed (Zone "C"). Installation shall be in accordance w~h FMVS 121 of the California Vehicle Code standards. 4.10.2 A license plate light will be provided. Area must also be provided for a California license plate with no modification to fire body or license. 4.10.3 Clearance lights will be armored style LED; installation and placement will be according to FMVSS 121, California Vehicle Code standards. 4.11 Compartment LiQhtinQ 4.11.1 All hinged door compartments shall have a switch mounted on the hinged side door jam, which will turn the light on when the door is opened and off when the door is closed. The wiring of these compartment lights shall be so arranged that only the light for the compartment, which is opened, will turn on. Switches shall have protective insulated cover so that tools will not ground the circuit. In addition, the switch shall activate a 2" red flashing light located in the cab to alert the driver that a body door is open. 4.11.2 Compartment lights will be installed in each compartment proYided; Sufficient lighting will be provided so that entire compartment is illuminated with shelving installed. Both florescent and strip lighting shall be used. Installation must protect assembly from external damage and water spray. 4.12 Scene Liahts 4.12.1 Two (2) bottom raise pole Fire Research (Model #: C530) with Focus lights (Model #: D30) 30Ow, 25 amp spot with a 22" outer pole and a 56" inner pole, with 2" offset, will be mounted on front of rescue body. Top of pole, bottom of light shall be mounted level with rescue body when fully retracted. Left light will be activated by left switch in siren control head and right light by switch to the right of the far-left switch. Relays will be used to provide adequate current and switch protection. 4.12.2 Right and left sidelights in the light bar shall be wire with the appropriate switch to work in conjunction with the appropriate Fire Research light. 4.13 Step Liahts 4.13.1 The apparatus shall have sufficient lights to properly illuminate the work areas, steps, walkways and ground areas around the apparatus. Areas under the driver and crew exit areas shall be activated automatically when the exit doors are opened. Ground area lights shall be switched from the cab dash with the work light switch. Strip lighting shall be used. 4.13.2 A strip lighting shall be provided to illuminate the rear step area. Step lights shall be activated with work lights switch in cab and the transmission in park. 08/27/02 4.14 Generator 4.14.1. A PTO dliven hydraulic generator, Onan (Model CMHG 6000) shall be provided and specific details discussed at pre-construction meeting. 4.14.2. The generator will have a remote starting system allowing operator start-up fonn the cab of apparatus. 4.14.3. The generator will be mouhted in rear/bed compartment as far forward as possible for weight distlibution. The front bulkhead will be louvered to allow for adequate airflow. The floor in the front area will be of a mesh matelial open to the frame rails below allowing for airflow from beneath the chassis. A super structure designed to carry the weight of the generator will be integrated with the designed super structure of the rescue body. 4.14.4. All wiling will be THHW or THW stranded conductors installed in flexible liquid tight conduit. The installation of all 120/240 wiling will meet the current 1996 revisions of NFPA 1901 Standards. NO EXCEPTIONS. 4.14.5. Generator output will be wired from the generator compartment to a Square D (Model #: QC816100DS) eight (8) space breaker panel box located in the upper left side front compartment. The breaker panel will be equipped with four (4) appropliately sized 110-vo~ 20 amp circuit breakers and one (1) main breaker sized accordingly to the generator size. 4.14.6. All voltage conductors located inside the main breaker panel box will be individually and pennanenUy identified. When pre-wiring for future power wiling installations, the untenninal ends will be labeled showing function and wire size. 4.14.7. The neutral conductor of the power source will be bonded to the vehicle frame. The neutral bonding will only occur at the power source. The grounded current carrying conductor (neutral) will be insulated from the equipment-grounding conductors and from the equipment enclosures and other grounded parts. The neutral conductor will be colored white or gray. In addition to the bonding required for the lower vo~age retum current, each body and crew compartment enclosure will be bonded to the vehicle frame by a copper conductor, The conductor will have a minimum amperage rating of 115% of the name plate current rating on the power source specification label. 4.14.8. Any receptacle installed in a wet location must be a minimum of 24" above the ground and provided with an approved wet location cover. 4.14.9. Two (2) 110-volt, 15 amp, single one (1) standard and one (1) twist receptacle with weather proof covers will be installed on left side of the bOdy above the rear wheels wells. One (1) 110-volt, 20 amp and one (1) 110-vo1t15 amp, single twist receptacle will be installed on the right side of the body above the rear wheels. 4.15 Power Switch 4.15.1 A battery disconnect switch will be provided in the dlivers area of cab. This switch will be utilized to isolate all battery power from the apparatus so as not to allow for drainage from non-essential components during inactivity. 08127/02 4.15.2 Priority of non-essential components will be discussed at pre-construction meeting. 4.15.3 A master diagram of all wiring pertinent to the apparatus and its function will be provided upon delivery. 12/15/01 Section 5 Illustrations RIVERSIDE COUNTY FIRE DEPARTMENT EQUIPMENT SPECIFICATIONS PARAMEDIC/RESCUE SQUAD CONVENTIONAL DRIVE - w.:r r- ...- b -.r : r- 01 .... h f- Z w . -=- :q ~ fo- '::- """ 0::: :J <:( Z D.... OJ 0 W 0::: c o 0 0 W>-o - 0:::00 ro "- _ (1 ....... 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OU::JlO C;:;~:J)D o::<=(:nl- \.Uo:::Lt- -== <i( :) '..> 0:: 0... ::.J 7' I"- \""1 >- I- ..J :z: :: j,j"j 0 :! z: ~ 0 CI:: - -ca: I- Cl. ~~ ~>-Q~ ~gg~ LI:rn~j Q~- >-.- ... ~-J:Cl :z::='IJj.... ~ " ,- ~ Ot/.l:=-..J UUIJj~ -"CV ~ CII ._ t/.I -:E~O ~c:(lll- 1.l.IC::1Jj~ ~ccL...o C2c..cnz: l1J .g Ux ~o l.1J III ~ LD ": ~ - r:-- (Y) .... .~< II ~ o .- - ~ ~ N u: "", ~ " o o 0 o o o ,,> - ID r:-- ;s: N l1J o M Il:: ~,a,. l' , _'" " I- :z: L.U > :E ...J I- :z: c::: 0 cc C Q. 0 L.U .- => ti ::!28 "- 'to U::=lQ :$ >=0 I-CC "- :z:=o,s =0'= 0",_L.U (,)v~~ L.UC~(,) 5!L.U '" lQ:ESO L.U~c:::1- :>CCCCI- I 2!2o.::!2g J I ~ It! = . I I co ~ (V) N cD .... : . in N 3 ~I ~ OJ~"I' It! N ~ :z W >- :: ~ ~ ~ q: c: Q. CI ~>- i Ll.IQ ... e:O '!l; u..a:l(/)::l >-cs= ~q:CI'" :z=C';! =0 Ocn.ew UU3:~ W- q: c3:U SWlIlcn ~:::;O W~...~ ::=Oq:a:l~ iXQ.~~ . = ell . I Ot "" . I ..., "" . N .... "" N N ... t.i. .... "" N rn cD """1' I.' ." ,'-,{ -:. ',..;' .'. {'I.~' J"" ,. '.1< ," }'.,,'; .,," ....'.v -.' '8,: :t ~ ~ rn C') N ..., N - , , KME FIRE APPARATUS By Kovatch Mobile Equipment Corp. 5400 East Jurupa Street Ontario, CA 91761 (909) 937-3326 Phone (800) 328-1033 Toll Free (909) 937-3945 Fax www.kovatch.com URL TEMECULA FIRE DEPARTMENT PARAMEDIC SQUAD, 2ND UNIT I) August 8, 2002 Below is a list of items that Temecula Fire Department deleted on the first unit. 1. Delete two tone paint on cab 2. DeletelO' attic ladder 3. Delete load manager 4. Delete standard cab switches II) Total credits ($431.00) ($169.00) ($200.00) ($62.00) ($862.00) Below is a list of items provided by KME Fire Apparatus on the first unit delivered to the Temecula Fire Department. These items were not included in the original specifications/ bid and will be an additional charge on the second unit. 1. Ford chassis price increase (KME option 2 vs. current price) Additional $1,469.00 2. Four (4) total I IO volt receptacles located (2) each side in the wheel well area IPO two (2) total Additional $253.00 3. KME to supply Gamber Johnson "Epic 17" center console lPOFire Department supplied Additional $433.00 4. Three (3) totall2 volt power supply/ cigarette lighter plugs IPO one (1) total Additional $216.00 " ..... - . . . -, 5. Onan # CMHG-6000 hydraulic generator IPO Onan diesel Additional $564.00 6. One (1) recessed light in the passenger side rear compartment door in addition to standard lighting Additional $211.00 7. Strip lighting in all compartments IPO standard compartment lighting Additional $786.00 TOTAL ADDITIONS. ......... ....... ........... ......... .......$3,932.00 TOTAL CREDITS....... ......... ......... ......... ......... ......($862.00) ADDITIONAL AMOUNT DUE FOR 2ND UNIT...........$3,070.00 IIn KME Fire Apparatus supplied chassis price breakdown: 2002 Ford F-550, Super Cab, 4x2, XL T Spare tire and wheel Keyless Entry Adjustible foot peddles PTO provision for generator $36,057.00 $251.00 $225.00 $102.00 $250.00 TOTAL $36,885.00 {Delivered} . " , KME FIRE APPARATUS By Kovatch Mobile Equipment Corp. 5400 East Jurupa Street Ontario, CA 91761 (909) 937-3326 Phone (800) 328-1033 Toll Free (909) 937-3945 Fax www.kovatch.com URL REVISED PROPOSAL SHEET, Option 2 DATE: ATTN: DEPARTMENT: August 8, 2002 BATTALION CHIEF MIKE RITCHEY ADDRESS: CDF, RIVERSIDE COUNTY 30650 Paba Rd Temecula, CA 92592 Bidder hereby proposes to manufacture and furnish to Purchaser, subject to Purchaser's acceptance of the Bidder's proposal and the proper execution of the appropriate contract, the following apparatus and equipment to be built in accordance with the attached specifications. Quantity: One (1) KME "Walk Around" Light Duty Rescue Vehicle body mounted on KME supplied 2002 Ford F550 cab and chassis per the Fire Department specifications dated 10/24/2001 with e-mailed changes dated 07/28/2002. ORIGINAL OPTION 2, DATED 12/1712001: CREDITS FOR DELETED OPTIONS ON 1ST UNIT: ADDITIONS TO ORIGINAL SPECIFICATIONS: FORD CHASSIS PRICE INCREASE: ADJUSTED SUB TOTAL: TAX @ 7.75%: $98,003.00 ($862.00) $2,463.00 $1.469.00 $101,073.00 $7,833.16 NEW TOTAL FOR 2ND UNIT: $108,906.16 F.O.B. TEMEC/:lLA, CA. Delivery is to be made subject to all clauses of the attached contract, within approximately 90-120 calendar days from receiDt of chassi'!,. This proposal is valid until August 16, 2002. Edward G. Shabro Area Sales Manager FIRE DEPARTMENT ACCEPTANCE NAME TITLE DATE ITEM 9 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC - CITY MANAGER CITY OF TEMECULA AGENDA REPORT FROM: City Manager/City Council ty{~ William G. Hughes, Director of Public Works/City Engineer September 17, 2002 TO: DATE: SUBJECT: Substitute Agreements and Bonds for Various Tracts within the Crowne Hill Subdivision (East of Butterfield Stage Road, South of Pauba Road, and North of De Portola Road) PREPARED BY: W Ronald J. Parks, Deputy Director of Public Works Clement M. Jimenez, Associate Engineer RECOMMENDATION: That the City Council: 1. ACCEPT substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map 23143. 2. ACCEPT substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bond as security for improvements and labor and materials for Tract Map 23143-1. 3. ACCEPT substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map 23143-1. 4_ ACCEPT substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map 23143-5_ 5. ACCEPT substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bond as security for improvements and labor and materials for Tract Map 23143-6_ 6. ACCEPT substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map 23143-6_ 7. ACCEPT substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map 23143-8. 8_ ACCEPT substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map 23143-8. R:\agdrpt\2002\09171crowne hill.sub bond & agmt 9. ACCEPT substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map 23143-10. 10. ACCEPT substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map 23143-10. 11. ACCEPT substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map 23143-11. 12. ACCEPT substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map 23143-11. 13. ACCEPT substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map 23143-F. 14. ACCEPT substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map 23143-F. 15. ACKNOWLEDGE that original bonds collected by the original subdivider, Crowne Meadows, LP, will be released upon acceptance of substitute bonds by separate administrative action. 16. DIRECT the City Clerk to so advise the developer and surety. BACKGROUND: The past land owner, Crowne Meadows, LP, finalized their sale with Greystone Homes, Inc. earlier this year and recently submitted substitute bonds and agreements. The following lists existing bonds and agreements secured by Crowne Meadows, LP and posted by American Motorists Insurance Company to be released: Tract Faithful Performance Labor & Materials Monument Number Bond No. Bond Am!. Bond No. Bond Am!. Bond No. Bond Am!. 23143 3SM98235800 $194,000 3SM98235800 $97,500 N/A N/A 23143-1 3SM91451100 $1,409,000 3SM91451100 $704,500 3SM91450900 $38,148 23143-6 3SM96425100 $1,610,000 3SM96425100 $805,000 3SM96425200 $49,250 23143-8 3SM9642550 $1,284,000 3SM9642550 $642,000 3SM9642600 $35,000 23143-10 3SM96425900 . $1,248,000 3SM96425900 $624,000 3SM96426000 $36,000 23143-11 3SM96426100 $1,191,000 3SM96426100 $595,750 3SM96426200 $37,125 23143-F 3SM96426300 $1,580,000 3SM96426300 $790,250 3SM96426300 $42,875 The original subdivider, Crowne Meadows, LP, has decided to sell the land to Greystone Homes, Inc. Therefore, Greystone Homes, Inc. has elected to submit substitute bonds and agreements that will replace the ones on file from the original subdivider as follows: Greystone Homes, Inc. 40980 County Center Drive, Suite 110 Temecula, CA 92591 Attn: Bob Diehl 2 R:\agdrpt\2002\0917\crowne hill.sub bond &. agml Accompanying the agreements are the following substitute bonds posted by St. Paul Fire and Marine Insurance Company as follows: Tract Faithful Performance Labor & Materials Monument Number Bond No. Bond Amt. Bond No. Bond Amt. Bond No. Bond Amt. 23143 SV 9463 $194,000 SV 9463 $97,500 N/A N/A 23143-1 SV 9485 $1,409,000 SV 9485 $704,500 SV 9466 $38,148 23143-5 N/A N/A N/A N/A SV 9468 $5,125 23143-6 SV 9459 $1,610,000 SV 9459 $805,000 SV 9460 $49,250 23143-8 SV 9455 $1,284,000 SV 9455 $642,000 SV 9456 $35,000 23143-10 SV 9470 $1,248,000 SV 9470 $624,000 SV 9471 $36,000 23143-11 SV 9473 $1,191,000 SV 9473 $595,750 SV 9474 $37,125 23143-F SV 9476 $1,580,000 SV 9476 $790,250 SV 9457 $42,875 FISCAL IMPACT: None ATTACHMENTS: 1. Vicinity Map 3 R:lagdrpt\2002\0917\crowne hill.sub bond & agml \, :r -n-~ )j ; r i :~ ; ~-!- . " i1"~ .....,.. . l . I. i -4 I ~l y _. _."""".-~Ii ~- ., ~ . I I .' i!ll~ !1I1:~-a In 'iii~1 !el! ! i! liilii i I ____ 'll'I'I"'iii. __ i':. inlll III !!' ,_ _ ,tc--~~- c......, '_" ;. -~"" '~' '. . . - - - -1:::::::'..' L, - ~; iff ' . ...! . ,; , " ' ~ ','C , it . - '-n...,.. :" ," - '=1' . I I: '. '. . _, . ' ~ - "b~:.. r\." .:.,/ "'''''-',If ' . , . , , . ' , " ""'I" t 1;-" r:,U '~:r:tF.: : rr~~ .~. . .: _ 1\1 ' ~ '. . . '=-.:.M:' .:,] , . ~ L. . "J!.. '. ." . f,. . ~. ~" . ., pi;. """.(.,:...1 '. . '/.-. '. ",.. '~':"11'7:, '. . C. '", ' - . , '. l~ ~, _'.., , l . , . "",,'" 1\\.::'\1, , . '- . t: 0, S '/, ',' " "'. ~ ""' . " . , ..., , ,,' ',"" . -' L.lIO' l..' . ~ .,".. l . // " . \/ ~ ~ . ~ . ..I..:..L'"..l: -. -~-- - ~ -1' t. ' \~ .. , 'mi'l En" . -"'1"'" --..\ I~ ':l' . , . _'. :::A~ ,~ .. -a.~. ... ..... .' : t r: ., " . a__ . . '. . 0/... . ; . ~ ',' . . ' tiZl'f. '. .- .... ~ .- l\: , - , , . .~ 7..... " '""l'lJ;' . -=--J . ~\Fb' 0, I . :._.... ,[ ...... , ..~" , ... - . . 5"."' 0 . ;.1.: . . ;- . , . . ,. . '.... ""/ , .CC', ' L'.~ .:Jo. . ., , ..." Ii ~ , '0 - . , . . .~'. I . ~ " S1 . . . " . " . . . . . /,- . .' ,.~.~' {/lPf:.. "'~~:'. " "'~V.'. . ,,' '~~~""k":"~~,- ' . ,,,... ........ ., . ' , "". ..... ' ,'.. "'{;". . Ii:]': . ,~" "0 . ~ . . ',lo.~ . li""r-:. . .:. . ,: :"t,l'';j./,. ." . ~~ rT~ , ..yr.......;- 000 ~.' ~, './.if; , ..~~. \. " ><-:'""j . '. '--t!kJ-. . '. '. .' ~ . ,. 'I. :11, ~: '/)T..' . . . ''If.~. . . ' , :!II . ,'f'-1'~ :' . ~r-:- , Q~. .'..; 'r.-: ~",:.;;,.:_. . rr: . r;; r:;.- /... r ~ I J.i..J..L : .. r.' - r~ ~ - -:'L : ' ,/. '. , 'J - I -, Li' 'r:: oJ pll. IJ - 1---: I T il/... ' . . oJ ~ r.- r-- iF -J ,,~ '.., 0:: J"" .i. j,t!!~ "7 . .- . r: ~ . : . , ' . . .,.- \,;.~- "':....~ ' . !~.'f.'" .0.......... . .." ". . , / " ~. , .. II 'T/j . . .. ~" -= Ijl_ -01- I III ! II. I wU i !il ; I j t~ ", . "z o . ~ r ITEM 10 APPROVAL CITY ATTORNEY DIRECTOR OF FINA CITY MANAGER CITY OF TEMECULA AGENDA REPORT FROM: City Manager/City Council ~illiam G. Hughes, Director of Public Works/City Engineer September 17, 2002 TO: DATE: SUBJECT: Completion and Acceptance of Construction Contract for the FY2001- 2002 Slurry Seal Program, Project No. PW02-05 PREPARED BY: IJl;1 Greg Butler, Principal Engineer ~ Eric Weck, Assistant Engineer RECOMMENDATION: That the City Council: 1. Accept the project, FY2001-2002 Slurry Seal Program, Project No. PW02-05, as complete; and 2. File a Notice of Completion, release the performance Bond, and accept a twelve (12) month Maintenance Bond in the amount of 10% of the contract; and 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 May 28, 2002 the City Council awarded the construction contract to American Asphalt South, Inc. in the amount of $343,269.12 for said project and authorized the City Manager to approve change orders that are within the 10% contingency. This project entailed street sweeping, cleaning and sealing cracks in the pavement and then applying a rubberized asphalt slurry over approximately 2,886,500 sq ft of the City's streets. The contractor has completed the work in accordance with the approved plans and specifications and within the allotted 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: This project is a Capital Improvement Project and is funded with Public Works Routine Street Maintenance Funds, account 001-164-601-5402. The total cost of the project including authorized contract change orders and quantity adjustments was $355,563.06. Final fieid measured quantities resulted in a net savings of $19,457.07. Contract Change Orders 1 & 2 were approved in the amount of $31,751.01. Contract Change Order 1 involved the application of Type II slurry on various residential streets with higher than average traffic loads in place of Type I slurry. Contract Change Order 1 also added additional streets for slurry sealing because they were not slurry sealed in the last project. Contract Change Order 2 involved the repainting of two intersections and freshening up various golf cart legends along golf cart trails. A:\AGENDA REPORTS\2002\091702\PW02.QSNoticeofCompletion.doc ATTACHMENT: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release 2 R:\AGENDA REPORTS\2002\091702\PW02-oSNoticeofCompletion.doc RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 BusinesB Park Drive Temecula, CA 925a9-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. Nature of Interest Vendee Under Contract. 92590. 2. The full address of the City ofTemecula is 43200 Business Park Drive, Temecula, California 3. A Contract was awarded by the City of Temecula to American Asphalt South, Inc.: 14436 Santa Ana Ave., Fontana, CA 92337 to perform the foliowing work of improvement: SLURRY SEAL PROGRAM - FY2001-2002 Project No. PW02-05 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 September 17, 2002. That upon said contract the Insurance Company of the West was surety for the bond given by the said company as required by law. 5. The property on which said work of improyement was completed is in the City of Temecula, County of Riverside, State of California, and is described as foliows: Slurry Seal Program FY2001-2002, Project No. PW02-05 6. The location of said property is: Various Streets within, Temecula, California Dated at Temecula, California, this 17th day of September, 2002 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 Temecu'la. 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 17'h day of September, 2002. Susan W. Jones CMC, City Clerk R\CIP\PROJECTS\PW02\PW02-DS Slurry\COMPLETJON NOTE.doc /' CITY OF TEMECUI,.A, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND PROJECT NO, PW02-05 SLURRY SEAL PROGRAM - FY2001-2002 KNOW ALL PERSONS ay THESE PRESENT THAT: BOND It 1883069-M Premium Incl.in Perf.Bond American Asphalt South,Inc. : 14436 Santa Ana Ave., Fontana, CA. 92337 NAMe AND ADDRESS CONTRACTOR'S a corporation (ffll in Whether B Corr>oratlon. Paflner.;!Jip or iIlr:lividuaO , hereinafter called Principal, and Insurance Company of the West: 1575 Treat Blvd., Walnut Creek, CA. 94598 NAMe AND ADDRess OF SURCTY hereinafter called SURETY, are held and finnly bound unto CITY OF TEMECULA, ________ hereinafter called OWNER, in the penal sum of Thirty-Five Thousand, Five Hundred Fiftv-Six DOLLARs and thirty-one CENTs ($ 35,556.31 1 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 Temeclila under the lenns of the Contract, far the payment of which, we bind ourselves, successors, and assigns, jointly and severally, finn/yo by these presents. IHE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain Contract with the OWNER, dated the 28th day of May , 2002, a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. PWOZ- 05, SLURRY SEAL PROGRAM _ FY2001-Z002. WHEREAS, said Contract provides that the Principal will fumish 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 --2:!.t day of August ,2002_ , NOW, THEREFORE, THE CONDITION OF THIS dBUGATION 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 done under the tenns of said Contract Shall disclose poor WOrkmanShip in the execution of said Work, and the carrying out of the tenns of said Contract, or it shall appear that d~fective materials were 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 successfuiTy enforcing this obligation, all to be taxed as costs and included in any JUdgment rendered. . M.I./I>lTENANCE eONO M-1 R~ClP\PROJeC1'S\PW02\PW02~ Sltmy\$pecs\810 speC.do<; 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 23rd day of August .2002. (Seal) Insurance Company of the W st \ By: By: lJ>'Lli5 v, :f2r:hVl....-tt (Name) PrtP.stl'1.t9 n~ (TiUe) By. '<f!/D/ k';';l~ <"~f' ~. 5eC('C.l-c...-'6 _ (TrtJe) David (Name) attorney-in-fact (Title) APPROVED AS TO FORM: Peler M. Thorson; City Attorney MAINTENANCE BONO M-2 R:\CIP\?ROJECTS'PW02\PW02oll5 SlunylSpeclBlO SPEC.dcc No. 0002037 ICW GROUP Power or Attorney Insurance Company or the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS, That .Jnsunnce Company of the Wes~ a Corporation duly organized under the laW. of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corpollltion duly organized under the laws oCthe State of Texas, (collectively referred to as the "Companies), do hereby appoint DERMOD E. HOUWELING,JAMES W. UNTIEDT, BONNIE T. ATNIP, DAVID G. HARRIS,MAUREENE. SCHMIDT their true and lawful Attomey{s)-in-Fact with authority to date, execute, sign,. seal, and deliver on behalf oCthe Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. IN WITNESS WHEREOF. the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. ~~ {~ ~.~ INSURANCE COMPANY OF TIlE WEST TIlE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY Jolm H. Craig, Assistant Secretary Jolm L. Hannum, Executive Vice President State of California } County of San Diego 58. On January 16, 2001. before me, Nonna Porter, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. I.... NOAMAPOflTEA I _. COMM.#1257540 ",0 . _ - NO. TAAY. PU .U.C.CAllFO~NfA .g o SAN D1~Go COUNTY (; J' '. MyComrniS$ion EXpires i MARCH 19.:/004 - 1~ 4fw Norma Porter, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies; "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Pact to date, execute, sign. seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakinBs, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER That the signatures of the officers makinB the appointmen~ snd the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing. typing, or pbotocopying. ' CERTIFICATE ~ the undenigned, Assistant Secretary of Insorance Company of the West, The Explorer Insorance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full foree and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. INWlTNESSWHEREOF,Ihavesetmyhandthis 23rd day of August 2002 John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of AttomeyNumber, the above named individual(s) and details of the bond to which the power is attached. For infonnation or flling claims, plesse contact Surety Claims, ICW Group, 11455 EI Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT County of San Francisco } ss. State of California On August 23,2002 Date before me, Maureen E. Schmidt,notary public personally appeared Name and Trtle 01 OIficer (e.g., "Jane Doe,Notary Public") David G. Harris Name(s)of Signer(s) IQ personally known to me o proved to me on the basis of satisfactory evidence --..... '" ~.............~_...._-( MAUREEN E. SCHMIDT!: COMM. # 1249846 Gl NOTARY PUBLlC.CALlFORNIA City & County of San Francisco ~ COMM. EXP. FEB. 11, 2004 l - .,.,. ...., ...,. ...., ...., - ....,.. ...., to be the person(s) whose name(s) is/are subscribed fo the within insfrument and acknowledged to me that he/she/they executed the same in his/her/their aulhorized 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.j,1 '. .I ~mR.AA R, .j~ Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons refying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Titie or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: TOp of thumb here Signer Is Representing: C 1999 National Notaly Assodel/on. 9350 [}a Solo Ave., P.O. BoK 2402' Chatsworth, CA 91313-240:2' www.natlooalnolary.org Prod. No. 5907 Reorder:CaIlToII-Froo1-8Q0.876-6827 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of Califomia } County 01 ~3:LY1 ~Cm.r&i(1f) ss. On~JJbI"t ~W/~lXJa beforeme,,<i....IVLr'I L,^la..rnopj. ~}../IJ:Pubt. personally ap~eare:" Le\..Di.s 1), "&h()eltN'm~"'~ctr;;~DS'.b~.'~ , Name(s)ofSlgllQr(s) J pg,personally known to me D proved to me on the basis of satisfactory evidence l.~~~\ r'- _ ~;~":~l to be the person@ whose name@ ~ subscribed to the within instr ment and acknowledged to me that ey xecuted the same in hel authorized capacily(leS), and that by' heir signature~on the instrument the person s or the entity upon behalf of which the person@> acted, executed the inslrument. OPTIONAL Though the information below is not required by Jaw; 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 'Tltle or Type of Document: .rJ1::Al.a}:e4jC.p ,~d - l-e.vne c u..lc. . <hbI02- Document Date: Number 01 Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: . Top of thumb here D Individual 'i1 :t Jll Corporate Office':7 Tltle(s): -r (\O~I'c(..e.Y) D Partner - D limited D General D Attomey-in-Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: Avvt.p..ll" j (laY) A:"Jf~CL.l-J- ,<},,)+h, ItJc.. 5eu.p~ C 1999 National Notary AssocIatioo. 9350 De Solo Ave., P.O. Bolt 2402' Chatsworth, CA 91313-2402' www.nationalnotary.org Prod.No.S907 Reoroer: Call Toll-Free 1-800-676-6827 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW02-0S SLURRY SEAL PROGRAM - FY2001-2002 This is to certify that Ar"eric4~ A~~ f-S, I, (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that e/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. PW02..()S, SLURRY SEAL PROGRAM. FY2001-2002, situated in the City of Temecula, State of Califomia, more particularly described as follows: FY2001-2002 SLURRY SEAL PROGRAM 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 Contract Code 37100, the CONTRACTOR does hereby fully release and acquit the City of T emecula 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: ~ ~{ o;Z By: CZ02f8J# Signature l.eil>i 5 D. 'Bohn-e-tf, fr<es;&€.-fl+ Print Name and Title A 5 AM -e. ri c..c.u'\ '5.p kc.-{ f-- 0 . J I tJ Co . RElEASE R-1 R:\CIPIPROJECTSIPW02\PW02-05 SlunylSpecs\8ID SPEC.doc CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California County of ~U'\ ~(~dlt'\7'l } ss. Namlland leolOlflCer(e.g,,"Jane .P, :B?~r1t'-tt Name(s) 01 Signer(s) tl( personally known to me o proved to me on the basis of satisfactory evidence on~~ldlOCl~ 0.. personally appeared ---.l-.ewis before me. j a SUSAN It. WAllNER _ eo.,u.64ol.'I264I71 ~ ,.. NoIay P\.tllIc . CaIlfanIa z Son Bemadlno Ccx.my ~ _ _ _ _My.~~"'_~l~~1 to be the personteo) whose nametlll ~ subscribed to the within instrument and acknowledged to me that@helthey executed the same in @n;u/1I16" authorized capacity(i&&). and that by ~,ill,oi, signature\i) on the instrument the persontsl. or the entity upon behalt ot which the persontsl acted. executed the instrument. OPTIONAL Though the information below is not required by law, n 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: ~1vr5 A..fh'dudi t / fiYlUl R elf'us <e ", II I Document Date: ~I 0"2- Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer signer'sNarne:~;5 D. ~ . Top 01 thumb nere o Individual 1). .0 I j1(corporate Officer - Title(s): _~rl.f..c, I c;<. ~ r o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Signer Is Representing: Am of',;(i ~Cu1 Aspha11-Sou* IIAJe. C 1999 National NotalY Association. 9350 De Solo Ave., P.O. 80. 2402. Chalsworth, CA 91313-2402' _.n.alionalnotary.org Prod. No. 5901 Reorder: Call Toll-Free 1-800-876-6827 ITEM 11 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: ryJ)~William G. Hughes, Director of Public Works/City Engineer DATE: September 17, 2002 SUBJECT: Tract Map No. 29639-1 , Located south of Date Street and west of Margarita Road within the Harveston Specific Plan PREPARED BY: ~nald J. Parks, Deputy Director of Public Works nnie Bostre-Le, Assistant Engineer RECOMMENDATI. That the City Council approve 1) Tract Map No. 29639-1 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Materials Bond as security for the agreement 3) Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. BACKGROUND: Tract Map No. 29639-1 is a fifty-four (54)-lot subdivision located south of Date Street and west of Margarita Road within the Harveston Specific Plan. The tract is bordered by the County of Riverside Tract Map Numbers. 29111,29111-1, and 28184 to the north and Tract Map Numbers. 29286 and 21340-6 to the east. On July 12 and August 14, 2001, the City Planning Commission and City Council, respectively, approved the Tentative Tract Map, with the appropriate Conditions of Approval. The Developer, Harveston, LLC, A Delaware Limited Liability Company, by Lennar Homes of California has met all of the Conditions of Approval. This final map is in conformance with the approved tentative tract map. The approval of a final subdivision map, which substantially complies with the approved tentative map is a mandatory ministerial act under State law. FISCAL IMPACT: None ATTACHMENTS: 1. Development Fee Checklist 2. Fees & Securities Report 3. Project Vicinity Map 4. Tract Map No. 29639-1 r:\agdrpt\2002\0423\tm26828.map CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 29639-1 Staff reviewed the following fees relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) Paid. This fee is due prior to issuance of a grading permit. Development Impact Fee Not Paid. This fee will be collected prior to issuance of building permits. 2 r:\agdrpt\2002\0423\tm26828.map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT C o E S b 17 2002 TRA T MAP N .29639-1 DAT: eotem er , IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ $2,778,500.00 $ $1,389,250.00 Drainage (RCFC&WCD) $ $1,565,523.60 $ $ 782,761.80 Water $ $ 649,500.00 $ $ 324,750.00 Sewer $ $ 275,500.00 $ $ 137,750.00 TOTAL $ $5,269,023.60 $ $2,634,511.80 Monumentation $ 81,000 DEVELOPMENT FEES RCFCD (ADP) Fee $ Paid Development Impact Fee $ *TBD SERVICE FEES Planning Fee $ 142.00 Comprehensive Transportation Plan $ 8.00 Plan Check Fee $ 1,570.00 Monument Inspection Fee $ 4,050.00 Fees Paid to Date $ 5,707.00 Balance of Fees Due $ 0,00 *To Be Determined 3 r:\agdrpt\2002\0423\tm26828.map V> ~ ~. ~ ~ ~en; i II ~ , ."1 ~..,' 'i f II i ! g I ~~, M I'i ~I i I I I '. ~.~ eil I II I . I. ~ i · i ..I~ .'s'! h I j I' ~ R 81~ i:e g!ft =1 Ii ' 'I: ' I' ~l' il,; d' I ~ ,. !l~ ~i~ II !!! ~! h ! 1 ~ !;~g 15!:< ~i ~ :! !:! H 8 III ~ ~. ~ ~ ii~ ;il i; i, i. Ii' ! I " ~! ~ ~i b ;:~ ~I ~I d I ~I ~; ~ ;", I 8~ III ell I, II II ~ h I I l:-l~~ m~ij:=~; ,I _.. .. .. .. . ... ~ D :: l's N ~ ~ ..-- ~ I ~~~~ ~ (J) n~g u """' ~.i~ 15 1-) ~.~. ~ CD ~~~~ ~ (J) ~.~~ 15 N;!I~~ ! ~~~i "- ~~~ . ~ O:~~~! ~ z .i'. u ~.~~ << ....-c-L ~ ~;~.; ~ .gB~ ~ I- ~-~ ;;~~. l's U>,,'~ g <( ~.a~ ~ 0:: ih~ =1- d~ ~I! ! 1;'"l:;L I i~ :ip ~ ~ !! l," II! · 'i' !.' · ~ I i~~ dUh I :Ii ~:!~ IPI ~ !:.t:S '-;1= i.. ~ . " 'E ! l:g . ~ 8 ~:! el . I, e i . 8 " "13 ~ 'I g' " ,I I,~ Ii m .~ ~U 1!ln~! lll~ h. ~ II" ~ I~i~ ~ MI" 'Il~j ~ ~" '" ~ ~;l- i~i~ B I., ~ l..~ . ' ! ,- 1';,0. ,II '" i ~'I - ,-,- '. ..i ,. . ,I .1 , ~j' ,;1, '"1 '," ~.," <! ii! iii Ii! IIi II! illj i!! 1,1 !.. I.. oft)! li~ I'i~ !I~ t..1!I ! 'Il ;~ b 10 _ .. ,Ei ,!I ,II <~t ,.~ 5"~ II' ~~;i Iii ;;i ill! ;I~ ;~!~ i~! ~I'! II. !I~ II,! !II ~~I~ --. 1111ll! il~ 'il: ~I; 'il! I!: ~I.' ai' .i' ;!~, ~II ~~il 1'1 , I~ '!I '!I "ll'~ h, Ii, Il.!-~ hg I~g I!;; hi lili I~I d il Ii;~ I:ii~ tAh tCla II!I:_l!I IS e 6l '" '" El El €I ~ a 1.!~I;~~!~~!i~li!II!!1 , ;0000000000000000000000 I ; ;1!m~~V!I!~i~~!~!ii! i ~ ! "Ao;l::HI;l;n!lllilR;:;RA;lI"~IIU..tll ~ 9 ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ ~~2!!~'li5~ag~:!a~~la~~VI~;~g~~'8~!~:la~R~S~e!~in~i~a.~~~~i :! Ilg~I~~II~ll1111~~~lllgll~l!iE!~I~gt 18:~g8:III8:IB:8:11118:1'1!8:1B:18:1 ! j ! fll n ~6fi! ;!!ii 1i!5 Ie ~i! ~ a~" 5 ~E ~ ~ i f~ ~~~~~~~~~F~~~~~~~~~~;~~~~F~~~~;~;;~~~~~~~~~~~!~~~~~~~~;~~~~ 8zaoo&~sagtl~~=b'~8'~~~8=t~~'aA..8..8o;~!..~t~~Z~8~83AJ8~i..~;:;"R iii'i"ii'iiiiii"'iiiiii'oi'~j'jii.'i'iii'i'!i~ii;i"j'jbi _~"~~.~..2=~2~~~~~:A~~~;I;g&~R&R;:;RA;lI~II~lIl1i;~;;Vt~':2..tlAJRII~III ~i~ . " ; { $ r1 s " w ~ . ci . IIi 0 ':' z ~ :,,: ~ ~ , <ri u ;i "' Cl Z <( ...J 00.. ~~ i ox ~ uw Cl >-z '!i- ~ '2l t;j ~ iSw - miJj~ ,. " ~. o ITEM 12 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT FROM: JCiry Manager/Ciry Council . .11i 11 William G. Hughes, Director of Public Works/Ciry Engineer September 17,2002 TO: DATE: SUBJECT: Tract Map Nos. 29928, 29928-1, 29928-2, and 29928-3 located within the Harveston Specific Plan PREPARED BY: nald J. Parks, Deputy Director of Public Works nnie Bostre-Le, Assistant Engineer RECOMMENDATI N: That the Ciry Council approve 1) Tract Map Nos. 29928, 29928-1, 29928-2, and 29928- n conformance with the Conditions of Approval 2) Subdivision Improvement Agreements and accept the Faithful Performance and Labor and Materials Bonds as securiry forthe agreement 3) Subdivision Monument Agreements and accept the Monument Bonds as securiry for the agreement. BACKGROUND: Tract Map No. 29928 is a forty-five (45)-lot subdivision located east of Date Street, west of Harveston Drive and north of Lakeview Road. Tract Map No. 29928-1 is a forty- one (41 )-Iot subdivision located south of Margarita Road, north of Harveston Drive and west of Harveston School Road. Tract Map No. 29928-2 is a forty-six (46)-lot subdivision located south of Margarita Road, north of. Harveston Drive and east of Date Street. Tract Map No. 29928-3 is a thirty-six (36) lot subdivision located south of Date Street, north of Harveston Drive and west of Tract Map No. 29928-2. All subdivisions are located in the Harveston Specific Plan. On July 12 and August 14, 2001, the City Planning Commission and Ciry Council, respectively, approved the Tentative Tract Maps, with the appropriate Conditions of Approval. The Developer, Harveston, LLC, A Delaware Limited Liabiliry Company, by Lennar Homes of California has met all of the Conditions of Approval. These final maps are in conformance with the approved tentative tract map. The approval of a final subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State law. FISCAL IMPACT: None ATTACHMENTS: \ 1. Development Fee Checklist 2. Fees & Securities Report for Tract Map No. 29928, 29928-1,29928-2 and 29928-3 3. Project Viciniry Map 4. Tract Map No. 29928 5. Tract Map No. 29928-1 6. Tract Map No. 29928-2 7. Tract Map No. 29928-3 R:\AGENDA REPORTS\2002\091702\TM29928 ALL FNL.doc CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 29928, 29928-1, 29928-2 and 29928-3 Staff reviewed the following fees relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) Paid. This fee is due prior to issuance of a grading permit. Development Impact Fee Not Paid. This fee will be collected prior to issuance of building permits. 2 R:\AGENDA REPORTS\2002\091702\TM29928 ALL FNL.doc CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 29928 . eptem er , IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 233,000 $ 116,500 Water $ 67,500 $ 33,750 Sewer $ 91,500 $ 45,750 TOTAL $ 392,000 $ 196,000 Monumentation $ 21,625 DATE S b 17 2002 DEVELOPMENT FEES RCFCD (ADP) Fee $ Paid Development Impact Fee $ *TBD SERVICE FEES Planning Fee $ 145.00 Comprehensive Transportation Plan $ 8.00 Plan Check Fee $ 1,630.00 Monument Inspection Fee $ 1.081.25 Fees Paid to Date $ 2,864.25 Balance of Fees Due $ 0.00 *T 0 Be Determined 3 R:IAGENDA REPORTS\2002\091702\TM29928 ALL FNL.doc CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 29928-1 DATE: SeDtem er 17, 2002 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 219,000 $ 109,500 Water $ 67,000 $ 33,500 Sewer $ 78,500 $ 39,250 TOTAL $ 364,500 $ 182,250 Monumentation $ 20,750 $ b DEVELOPMENT FEES RCFCD (ADP) Fee $ Paid Development Impact Fee $ *TBD SERVICE FEES Planning Fee $ 142.00 Comprehensive Transportation Plan $ 8.00 Plan Check Fee $ 1,570.00 Monument Inspection Fee $ 1,037.50 Fees Paid to Date $ 2,757.50 Balance of Fees Due $ 0.00 *To Be Determined 4 R:\AGENDA REPORTS\20021091 7021TM29928 ALL FNL.doc CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 29928-2 DATE: Seotember 17, 2002 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 243,500 $ 121,750 Water $ 86,000 $ 43,000 Sewer $ 99,500 $ 49,750 TOTAL $ 429,000 $ 214,500 Monumentation $ 22,875 DEVELOPMENT FEES RCFCD (ADP) Fee $ Paid Development Impact Fee $ *TBD SERVICE FEES Planning Fee $ 147.00 Comprehensive Transportation Plan $ 8.00 Plan Check Fee $ 1,670.00 Monument Inspection Fee $ 1.143.75 Fees Paid to Date $ 2,968.75 Balance of Fees Due $ 0.00 *To Be Determined 5 R:\AGENDA REPORTS\200210917021TM29928 ALL FNL.doc CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 29928-3 DATE: SeDtember 17, 2002 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 167,500 $ 83,750 Water $ 58,500 $ 29,250 Sewer $ 84,500 $ 42,250 TOTAL $ 310,500 $ 155,250 Monumentation $ 17,375 DEVELOPMENT FEES RCFCD (ADP) Fee $ Paid Development Impact Fee $ *TBD SERVICE FEES Planning Fee $ 137.00 Comprehensive Transportation Plan $ 8.00 Plan Check Fee $ 1,470.00 Monument Inspection Fee $ 868.75 Fees Paid to Date $ 2,753.75 Balance of Fees Due $ 0.00 *To Be Determined 6 R\AGENDA REPORTS\2002\091 702\TM29928 ALL FNL.doc (J ~ f Vj /...... ~ LO ~ C\J I- lJ.J~ aU) a: ~ ~ '6 '0> ~ ~ ~ c... <C ~~ <r: )-obi ~~ ~ Zi::; = z () """'" > OtrOc!l tr 81 :t lc!ltr()c!I~fV OQ <.'-1 !S ~ on b N ~ < ~ ex) ~ ~ N ~~ is OJ .;; ~ OJ ~B in N ~~ l'i I~ Vi ~l!I ~ ~ ~ 0 n I: Z ~~ g -. .< ~. cl .a '!! ~ ~" i" U ~~:i ~ --~ ~ <( :~3 ~ Ct: ~!~ "'~iWl ~ "~ 5"~ . . ~ ~i~t-~~In g 'i 5.~.~" ~ . ~ i ~ l!Ia!: it:i': ~ w~ .' -,.~ ~~ ' ;' - ;I ::i III I::! ~!Il!. ...... * ..... ! ~ HHI ~~g il d ~ ; ~ : ~ ~~ ~~ BSS !~ '" Ii ~ ii i i Hi ;~ ~HI i n ~ i ~ :' i "3 "j; ",~~ ~~ ~ ~ ~ ~ ~ ~ ~ ~. ~. ,.~~ ~~ . . . - , ~ I. ~ ~ ~~ ~;. ~~~ ii ; ; ; ~ ;~ :;1' ~ !l_ II S lli~ i ~ ~ ~ <S ~ Ii~ Ii ~ i~ i~~ ~.~ ~iij ~ ~ ~ g f:! l!~ l! il -~ At;; .5S ~. ~ ~ ~ ~ ~ ~ ~~ ~ : h m ~i~ ~~ ~ ~ ~ ~ g ~ .: N ,.j .; ..; ..;,.:..;.,;!:! 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'5 ~ ~...J I- " ~ --' ~~ ~ !z '" ~ ~~ ~ 0::- ~ ~<1- g W ~ ~ - gVl~ ITEM 13 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: 'VI1( William G, Hughes, Director of Public Works/City Engineer DATE: September 17, 2002 SUBJECT: Tract Map Nos. 29929 and 29929-1 located within the Harveston Specific Plan PREPARED BY: to aid J. Parks, Deputy Director of Public Works ie Bostre-Le, Assistant Engineer RECOMMENDATIO That the City Council approve 1) Tract Map Nos, 29929 and 29929-1 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreements and accept the Faithful Performance and Labor and Materials Bonds as security for the agreement 3) Subdivision Monument Agreements and accept the Monument Bonds as security for the agreement. BACKGROUND: Tract Map No, 29929 is a fifty-one (51 )-Iot subdivision located south of Harveston Drive and west of Ysabel Barnett Elementary School. Tract Map No, 29929-1 is a seventy-four (74)-lot subdivision located north of Lake Front Road, south of Bristol Road, west of Village Road and east of Newport Road, Both subdivisions are located in the Harveston Specific Plan, On July 12 and August 14, 2001, the City Planning Commission and City Council, respectively, approved the Tentative Tract Maps, with the appropriate Conditions of Approval. The Developer, Harveston, LLC, A Delaware Limited Liability Company, by Lennar Homes of California has met all of the Conditions of Approval. These final maps are in conformance with the approved tentative tract map, The approval of a final subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State law, FISCAL IMPACT: None ATTACHMENTS: 1, Development Fee Checklist 2, Fees & Securities Report for Tract Map No. 29929 and 29929-1 3. Project Vicinity Map 4. Tract Map No, 29929 5. Tract Map No, 29929-1 1 R:\AGENDA REPORTS'2002\091702\TM29929 and 29929-' FNL.doc CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 29929 and TM 29929-1 Staff reviewed the following fees relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) Paid, This fee is due prior to issuance of a grading permit. Development Impact Fee Not Paid, This fee will be collected prior to issuance of building permits. 2 R:\AGENDA REPORTS\2002\091702\TM29929 and 29929-1 FNL.doc CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 29929 . eptem er 17, 2002 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 152,000 $ 76,000 Water $ 37,000 $ 18,500 Sewer $ 40,000 $ 20,000 TOTAL $ 229,000 $ 114,500 Monumentation $ 23,875 DATE S b DEVELOPMENT FEES RCFCD (ADP) Fee $ Paid Development Impact Fee $ *TBD SERVICE FEES Planning Fee $ 152,00 Comprehensive Transportation Plan $ 8,00 Plan Check Fee $ 1,770,00 Monument Inspection Fee $ 1,193.75 Fees Paid to Date $ 3,123,75 , Balance of Fees Due $ 0,00 *To Be Determined 3 R:\AGENDA REPORTS\2002\091702\TM29929 and 29929.1 FNL.doc CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 29929-1 DATE: September 17, 2002 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 415,500 $ 207,750 Water $ 119,000 $ 59,500 Sewer $ 141,500 $ 70,750 TOTAL $ 676,000 $ 338,000 Monumentation $ 32,000 DEVELOPMENT FEES RCFCD (ADP) Fee $ Paid Development Impact Fee $ -TBD SERVICE FEES Planning Fee $ 175.00 Comprehensive Transportation Plan $ 8,00 Plan Check Fee $ 2,230,00 Monument Inspection Fee $ 1 ,600,00 Fees Paid to Date $ 4,013,00 Balance of Fees Due $ 0,00 *To Be Determined 4 R:\AGENDA REPORTS\2002\091702\TM29929 and 29929-' FNL.doc ~ ~ & ~ rf Vj /...... -f' ~~ OCi5 a: o/YOc!l g /Y.1/c!I/YQc!I~fV /......'?: ~ ~ ~ <2 ~ '6 ~ 'i ~ i;. a.. <C :2:w ~ <( >~ 1= 2 ...... 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"'< ~ 1-::< Z OX ~ uw Cl ~~ ~ < ~ ~w 2 ::>~ - ffiVl ~ ITEM 14 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council trJ~ William G, Hughes, Director of Public Works/City Engineer September 17, 2002 DATE: SUBJECT: Tract Map No. 30088 located north of Township Road, south of Harveston School Road, west of Margarita Road and east of Harveston Drive within the Harveston Specific Plan PREPARED BY: ~onald J, Parks, Deputy Director of Public Works nnie Bostre-Le, Assistant Engineer RECOMMENDATI. That the City Council approve 1) Tract Map No, 30088 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Materials Bond as security for the agreement 3) Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. BACKGROUND: Tract Map No. 30088 is a forty-nine (49) lot subdivision located north of Township Road, south of Harveston School Road, west of Margarita Road and east of Harveston Drive within the Harveston Specific Plan, On July 12 and August 14, 2001, the City Planning Commission and City Council, respectively, approved the Tentative Tract Map, with the appropriate Conditions of Approval. The Developer, Harveston, LLC, A Delaware Limited Liability Company, by Lennar Homes of California has met all of the Conditions of Approval. This final map is in conformance with the approved tentative tract map, The approval of a final subdivision map, which substantially complies with the approved tentative map is a mandatory ministerial act under State law, FISCAL IMPACT: None ATIACHMENTS: 1, Development Fee Checklist 2, Fees & Securities Report 3, Project Vicinity Map 4, Tract Map No, 30088 r:lagdrpt\2002\0423\tm2682B.map CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 30088 Staff reviewed the following fees relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) Paid, This fee is due prior to issuance of a grading permit. Development Impact Fee Not Paid, This fee will be collected prior to issuance of building permits, 2 r:\agdrpt\2002\0423\tm26B2B.map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP N . 30088 DATE: eptember 17, 2002 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 251,000 $ 125,500 Water $ 81,000 $ 40,500 Sewer $ 92,000 $ 46,000 TOTAL $ 424,000 $ 212,000 Monumentation $ 22,000 o S DEVELOPMENT FEES RCFCD (ADP) Fee $ Paid Development Impact Fee $ *TBD SERVICE FEES Planning Fee $ 147,00 Comprehensive Transportation Plan $ 8,00 Plan Check Fee $ 1,670,00 Monument Inspection Fee $ 1,100,00 Fees Paid to Date $ 2,925.00 Balance of Fees Due $ 0.00 *To Be Determined 3 r:\agdrpl\2002\0423\tm26B2B.map ROAD GS p~\~ 0<(' <5 z ,",0 \ ~-! woo >0< O:::IO <U~ IVl~ \t1~ t.'U~R a. <( Q) ~ 0 () (f) ~ 0 - -rJ Z -rJ - 0 0 Z - > ca ~ .4- ':::. ~ <& 4 ~ Ob-oc::Y <~-1{ C) d Q:' ft {:] is f ~ on b N ~ .. _.c ~ ex) a! !: ex) l!~ ~ 0 ~~ b 0 ,,~ ~ ~- ;: "'"' .~ I/} 1- .J liD: ~ I" lQ ~I ~ . ~. ~ 0 ~! ~z ~; u . . .; < " a ~ 3~ ~ u i~ ~ <( Ea !:; rv ~. u L.L .- iii L- ~~ ~ r- Ill;;: ~ ~ ~ .~ i;!t ~. ~ ~~: . ! ~ 5 ~~" ~ ".._ ~ ~~ ~ ~,,~ :'.~ ~ ~ ~ia I ~: g! ~ ~ ~~ ~~ ~~~ ~i' ; ~ ~~; ~ ~ i ~ ~I ~ m ~ ~~ i,l ~;g i~ ~ ~ ~. "i~ d ~ ~ ;; ~ ~ ~ . ~ ,w.~ ~.~ ~~ * . il ~ ~>" ~ ~ ~, ~. . . ~ .~ ~ SB_.S ~ ~" t" ~ ~ ~ I ~e I I i !I;i ::1:1 ii' i ':; .! ~ il ,I!I ! · i ~n~ ~~i ~~ ~ d~ ini: h ~ ; ~ :il ~ ! ~ ~~~; ~~n~ ~ n~ ~i F;: ~,~ i ~m _ ~~' ~ ~ ~ ~ ~~ ~;. ,~~~ I" 1 ~ ~~ ~ -~ ~~,~, m ~z ~ ~l! ! ;~: ~ ~~ ~ ~ ~~ ~~! ~~! ~~ ~~ ~ ~II ~~ ~:~ ~ ~h H ~ ~~~ . ~9 ~ ~ ~ ~.. .5, i8 ~~ ~ ~ g. __~,. ~~~ I in ~ ~I ~!j ~i~ :~ ~~ ~ : . 0 . B 8 B ~ ~." , " "<- !lu~ . . ~~~ n~~ .-. ~ .~~ ~ ~,,~ ~~i~ I j~'~ ;: ~:;i~ l:l ~!!!l!5! ~ ~~8~~~~~~~~~~ ~ lQ~~~!:::i:;la~jjj"'''~ ~ 1111~1~1~81Ig f ~ ~ · ~~ : < ~~~~.~ ~. ~~~~ ~ a ~~~;~~~~~~~~~ 3 ~ a~~8~~~~~~9~~ E ~~i~2i~2:!!:iii ~ ~ OS;;", -< 15_..._8 ~ 00000 ~ ~ "30-- ~ I'~~.~ . 2 ~ i ~~~!t~ u . ~ 3 lid ~ I[i ~ O_rH'l -.....,.............---- 'OJ"lT585E/R'1Il; 'OJ ~ "-;'\~"'t. \\ ~.i.4l"' \...~\ \~~ ~ ~. M,i ~ u- "'-. U " "';! i=- .=~ t':'l' j='" g~1 h_ ~ g I :I I i :I ~ , . " :' ;~~ { ~ g~ i 8~ ~ ~- ~ ~i~ TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT AUGUST 27, 2002 A regular meeting of the City of Temecula Community Services District was called to order at 7:31 P.M, at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Stone presiding. ROLL CALL PRESENT: 5 DIRECTORS: Comerchero, Naggar, Roberts, Pratt, Stone ABSENT: o DIRECTORS: None Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No comments. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of July 23, 2002; 1.2 Approve the minutes of August 13, 2002. 2 Arts Council Communitv Grant AQreement RECOMMENDATION: 2.1 Approve the Community Grant Agreement between the Temecula Community Services District (TCSD) and the Arts Council of Temecula Valley in the amount of $40,000.00 MOTION: Director Naggar moved to approve Consent Calendar Item Nos. 1 and 2. The motion was seconded by Director Comerchero and voice vote reflected unanimous approval. DEPARTMENTAL REPORT No additional comments. DIRECTOR OF COMMUNITY SERVICES REPORT Development Services Administrator McCarthy advised that the last concert at the CRC amphitheater will be on Thursday, July 25, 2002, at 6:30 P.M. Minutes.csd\082702 GENERAL MANAGER'S REPORT President Stone commented on the upcoming Pre-Film Festival Media Extravaganza and invited the public to attend on Thursday, July 25,2002,6:00 P.M., at Tower Plaza. BOARD OF DIRECTORS' REPORTS No comments. ADJOURNMENT At 7:33 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, September 17, 2002, 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\082702 2 ITEM 2 APPRO~ CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER {)D TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA AGENDA REPORT TO: FROM: Board of Directors Herman D, Parker, Director of Community servicestfi> September 17, 2002 DATE: SUBJECT: Tract Map No, 23209 - Service Level B, Service Level C and Service Level D Rates and Charges PREPARED BY: Barbara Smith, Management Analyst ~:;,..- Adopt a resolution entitled: RECOMMENDATION: RESOLUTION NO. CSD 02- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL B, SERVICE LEVEL C, AND SERVICE LEVEL 0 RATES AND CHARGES FOR TRACT MAP NO. 23209 BEGINNING FISCAL YEAR 2003-2004 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH BACKGROUND: The Temecula Community Services District (TCSD) operates under the authority of Community Services District Law and provides residential street lighting, perimeter landscaping and slope landscaping maintenance and trash/recycling collection services to numerous residential subdivisions within the City of Temecula through Service Level "B", Service Level "c" and Service Level "D", The boundaries of the TCSD are coterminous with the City, and the City Council also serves as the Board of Directors of the TCSD, Tract Map No. 23209 is a future 220 lot residential development. The development consists of approximately 80.0 gross acres of vacant property located to the west of Butterfield Stage Road and east of Walcott Lane. The property owner has requested that the TCSD establish the future parcel charges necessary to provide ongoing revenue for residential street lighting, perimeter landscaping and slope maintenance, and trash/recycling collection services within this development. R:\smithb\Elections\23209 Election\Staff-Notice of Hearing 9-02.doc 09/09/2002 Beginning Fiscal Year 2003-2004, the following TCSD rates and charges are proposed for residential street lighting, perimeter landscaping and slope maintenance, and trash/recycling collection services within Tract Map No. 23209: Service Level B $ 25,68 per residential parcel $ 200,00 per residential parcel Service Level C Service Level D $172,56 per occupied parcel Pursuant to the provisions of Proposition 218, the TCSD is required to hold a public hearing and obtain voter or property owner approval in order to establish certain new rates and charges, In addition, a report must be prepared and filed with the Secretary/City Clerk which identifies all of the affected parcels and the amount of the proposed rates and charges, A notice is mailed to the property owner identifying the proposed rates and charges and date of the Public Hearing, The Public Hearing is held at least 45 days after the mailing of the notices, If the proposed rates and charges are not reJected pursuant to a written protest, then the TCSD will conduct a mailed ballot proceeding not less than 45 days after the public hearing, The proposed rates and charges for Service Level B and Service Level C cannot be imposed unless the property owner has approved the new charges, In accordance with Proposition 218, property owners shall receive notice of the proposed charges for Service Level D, however, mailed ballot proceedings are not required to impose rates and charges for trash/recycling collection services, Staff recommends that the Board of Directors adopt the resolution to accept the filing of the report on the proposed residential street lighting, perimeter landscaping and slope maintenance and trash/recycling collection services rates and charges for Tract Map No, 23209 beginning in Fiscal Year 2003-2004 and schedule a public hearing concerning this issue for November 12, 2002, Staff will then proceed with noticing the owner of Tract Map No, 23209 regarding the proposed rates and charges and the public hearing date, If there is no majority protest against the rates and charges on November 12, 2002 staff will then proceed with the mailed ballot process for Service Level Band Service Level C, FISCAL IMPACT: If voter approved, upon buildout of the development, the proposed rates and charges of $25,68 and 200,00 per parcel will generate an annual levy of $5,649,60, forthe Service Level Band $44,000,00 for Service Level C, The proposed Service Level D charge of $172.56 per parcel will generate an annual levy of $37,963,20, (Pursuant to Proposition 218, this amount may be increased by the TCSD for Fiscal Year 2003-2004 after conducting an additional public hearing, However, mailed ballot proceedings are not required to increase Service Level D rates and charges,) Actual costs for providing long-term residential street lighting and perimeter landscaping and slope maintenance services within Tract Map No, 23209 will be absorbed into Service Level B and Service Level C upon installation of said improvements, The owner of Tract Map No, 23209 has paid the administrative and mailing costs associated with the public notices and ballot information required per Proposition 218, ATTACHMENTS: 1. 2, 3, Vicinity Map TCSD Landscape Maintenance Area Resolution of Intention R;\smithb\Elections\23209 Election\Staff.Notice of Hearing 9-02.doc 09/09/2002 VICINITY MAP Tract No. 23209 Not to Scale PROJECT SITE ~. PROJECT MAP T:~~~::,::~~~~j -----:. :::; 0.. III III ,;.; I"") ..;f o N o o N " I'- " <0 o ~ :J g, o ...J 0> ;< ~~ x N I ~ I co I c o E I C>- () (JJ -0 C ...J I ~ .D .<::: x OJ / (JJ ~ 1i .<::: x w~ /(1) col'- I"");::! 0jLl'i /.;:. a: C) . z<l: w~ /5 .. .... f-LL . / OFFSITE /.' A.~fA 2 , / /. .' /~ ) SYMBOL DESCRIPTION - SLOPES MAINTAINED BY TCSD TCSD LOT AREA S. FT.) /11,7ZZ 41,8U 17.J86 10,880 z"" 6.492 2,916 In 128 D4 WJ "" OFFSITE AREA J QFFSITE AREA I ! ROAD R10HT-OF_WA. Y I LANDSCA.PING , 89,605 TOTAL 348,104 .I I ! i / ~ \ \ \ OFFSITE AREA 1 , ~ i ~ ~C<HVLTANlS ~ r..w.a.~.a--.S-IGPS 41460 RCdp Pla.... lJoroWt. s..u. "0 ~ a. U510 ""US'SSM 'AX 696.6697 NOT TO SCALE RESOLUTION NO. CSD 02-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL B, SERVICE LEVEL C, AND SERVICE LEVEL D RATES AND CHARGES FOR TRACT MAP NO. 23209 BEGINNING FISCAL YEAR 2003-2004 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICE DISTRICT HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: Section 1. Upon incorporation of the City of Temecula, effective December 1,1989, voters approved the formation of the Temecula Community Services District ("TCSD"), to provide specified services to properties within its jurisdiction, Section 2. The TCSD provides long-term residential street lighting, perimeter landscaping and slope landscape maintenance, and trashlrecycling collection services in numerous residential developments within the City of Temecula, Pursuant to Government Code Sections 61621 and 61621,2, the TCSD has prescribed, revised and collected rates and charges for residential street lighting (Service Level B), perimeter landscaping and slope maintenance (Service Level C), and trash/recycling collection (Service Level D) services furnished by it, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes in the manner prescribed by Government Code Sections 61765,2 to 61765,6, inclusive, Section 3. The TCSD hereby initiates proceedings to provide residential street lighting, perimeter landscaping and slope maintenance, and trash/recycling collection services within Tract Map No. 23209 beginning Fiscal Year 2003-2004, Pursuant to Government Code Section 61621,2, the TCSD has caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD, (Exhibit A) which Report contains a description of the real property and the proposed amount of the Service Level B, Service Level C, and Service Level 0 rates and charges required for residential street lighting, perimeter landscaping and slope maintenance, and trash/recycling collection services provided to each parcel within Tract Map No, 23209 and its subsequent phases beginning fiscal year 2003-2004. The TCSD proposes to collect the rates and charges at the same time, in the same manner, by the same persons and together with and not separately from, the property taxes collected within the TCSD, These rates and charges shall be delinquent at the same time and thereafter be subject to the same delinquency penalties as such property taxes, All laws applicable to the levy, collection, and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, shall be applicable to these rates and charges, except for California Revenue and Taxation Code Section 4831, However, if for the first year the charges are levied, the real property to which the charge relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of such taxes appear on the roll, then the charge shall not result in a lien against the property, but instead shall be transferred to the unsecured roll for collection, Section 4. The Board of Directors hereby acknowledges the filing of the Report, and appoints the day of November 12, 2002 at the hour of 7:00 p,m" or as soon thereafter as feasible, in the City Council Chambers at City Hall, 43200 Business Park Drive, Temecula, California, 92590, as the time and place for the public hearing on the Report and the proposed Service Level B, Service Level C, and Service Level D rates and charges, At the public hearing, the Board of Directors will hear and consider all objections or protests, if any, to the Report. The Board may continue the hearing from time to time, Section 5. The Secretary of the TCSD is hereby directed to give notice of the filing of the Report and of the time and place of hearing on the Report pursuant to the requirements of Government Code Section 61765,2 and Section 6 of Article XIIID of the California Constitution, Section 6. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula Community Services District this September 17th of 2002, Jeffrey E, Stone, Presideni ATTEST: Susan W. Jones, CMC/AAE City Clerk/District Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA) I, Susan W. Jones, City Clerk/District Secretary for the Temecula Community Services District, do hereby certify that Resolution No, CSD 02- was duly and regularly adopted by the board of Directors of the Temecula Community Services District at a regular meeting thereof held on September 17'h of 2002. AYES: NOES: BOARD MEMBERS BOARD MEMBERS ABSENT: BOARD MEMBERS Exhibit A CITY OF TEMECULA TRACT MAP NO. 23209 INITIAL LEVY REPORT Service Levels B, C and D Temecula Community Services District (TCSD) Commencing Fiscal Year 2003-2004 INTENT MEETING: PUBLIC HEARING: September 17, 2002 November 12, 2002 INTRODUCTION: A. The TCSD Since December 1, 1989, the Temecula Community Services District ("TCSD") has provided residential street lighting, perimeters landscaping and slope maintenance, trash and recycling collection and other services to properties within its jurisdiction, The boundary of the TCSD is coterminous with the boundary of the City of Temecula ("City"). To fund its services and maintain improvements within its boundaries, the TCSD collects rates and charges ("Charges"). The TCSD was formed, and Charges are set and established, pursuant to the Community Services District Law, Title 6, Division 3 of the California Government Code. Pursuant to Government Code Sections 61621 and 61621.2, the TCSD has prescribed, revised and collected rates and charges for residential street lighting (Service Level B), perimeter landscaping and slope maintenance (Service Level C), trash/recycling collection (Service Level D), and road improvement and maintenance (Service Level R) services furnished by the TCSD, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes in the manner prescribed by Government Code Sections 61765,2 to 61765,6, inclusive, As required by these sections of the Government Code, the TCSD Board approves an Annual Levy Report each year describing the proposed rates and charges for that year, B. This Report This Initial Levy Report ("Report") is prepared and presented to the Board pursuant to Section 61621.2 of the Government Code to prescribe Rates and Charges beginning in FY 2003-2004 for the parcels and territory identified as Tract Map No, 23209, The territory identified and described in this Report includes all parcels within the Tract Map No, 23209, a future residential subdivision that consists of 80,01 gross acres of vacant property located on the west side of Butterfield Stage Road, east of Walcott Lane and north of Rancho California Road, with 220 planned residential units, The owner of record (sole property owner) has requested that the TCSD establish the parcel charges necessary to provide ongoing revenue for residential street lighting, perimeter landscaping and slope maintenance, and trash/recycling collection services within this future residential subdivision, PLANS AND SPECIFICATIONS A. Period Covered By Report This Report describes rates and charges to be imposed for Fiscal Year 2003-2004, The expectation of the TCSD is that these rates and charges will continue to be imposed on an annual basis thereafter in connection with the TCSD's annual rate and charge levy proceedings, B. Parcels Affected By This Report The rates and charges set forth in this Report shall affect all parcels included on Tract Map No, 23209, recorded in Book P 1 of Parcel Maps, Pages 44 through 46 in the Office of the Riverside County Recorder as No. 119017 recorded December 5, 1968. C. Description of Service Levels The proposed services to be provided to parcels within Tract Map No, 23209 include: residential street lighting; perimeter landscaping and slope maintenance; and trash/recycling collection. Service Level B, Residential Street Lighting - includes all developed single family residential parcels and residential vacant parcels for which the TCSD provides on-going servicing, operation, and maintenance of local street lighting improvements, The cost of providing Service Level B services is $31.35 per residential parcel per year, meaning that the cost of providing Service Level B services for the 220 parcels within Tract Map No. 23209 will be $6,897.00per year. However, in order to conform the rates and charges for Tract Map No. 23209 with the rates and charges levied for Service Level B elsewhere within the TCSD service area, only $5,649,60 per year of this cost will be recovered through rates and charges levied against parcels within Tract Map No, 23209, Service Level C, Perimeter Landscaping and Slope Maintenance - includes all developed single family residential parcels and residential vacant parcels fOr which the TCSD provides on-going servicing, operation, and maintenance of perimeter landscaped areas and slopes within the public right-of-ways and dedicated easements adjacent to and associated with each development. The landscaped areas associated with this particular development include, but are not limited to, perimeter slope and landscaping, as follows: Within Tract 23209 the perimeter slopes within Lots 224 and 226 along Waleott Lane, the perimeter slopes within Lot 225 and portions of Lots 223 and 222 along La Serena Way and perimeter slopes within a portion of Lots 222 and 223 along Butterfield Stage Road. There are two (2) off-site areas located between Butterfield Stage Road and Lot 95 and between La Serena Way, Lot 225 and the bulb of Calle Elenita. The cost of providing these services for these areas of slopes and landscaping is estimated to be $44,000.00 per year, Service Level D, Trash and Recycling Services - provides for the operation and administration of the trash/recycling collection program including street sweeping services for all single-family residential homes within the TCSD. The current cost of providing these services to a single family residential home is $172,56 per year. Thus, the cost of providing this service to the 220 parcels that have been identified as developed with a residential home within Tract Map No, 23209 will be $37,963,20 per year, METHOD OF APPORTIONMENT The cost to provide services within Tract Map No, 23209 will be fairly distributed among each assessable property by the same methods and formulas applied to all parcels within the various Service Levels of the TCSD. The following is the formula used to calculate each property's TCSD charges and is applied to Service Level B (Residential Street Lighting); Service Level C (Perimeter Landscaping and Slope Maintenance); and Service Level D (Trash/Recycling Collection): Total Balance to Levyrrotal Parcels (in Service Level) = Parcel Charge The following table reflects the levy calculation for each Service Level. TABLE I Proposed Service Level Charges For Tract Map No, 23209 Estimated Budl!et and Charl!es for Fiscal Year 2003-2004 SERVICE LEVEL Total Levy Planned Charge Per Budl!et LeVY Units LeVY Unit Service Level B: Residential Street Lighting $5,649,60 220 $25,68 Service Level C: Local Landscaping and Slopes $44,000,00 220 $200.00 Rate Level #8 (C-8) Service Level D: $37,963,20 220 $172.56 Trash/recvclinl! Collection The following tables (Table II through IV) show the methodology used to compute the levy for each parcel affected by this Report, TABLE II Parcel Charge Calculation for Service Level B Parcel Char e $25,68 $25,68 A charge is imposed on all residential parcels developed or undeveloped, Parks, open space areas, easements and non-buildable parcels are not charged, TABLE III Parcel Charge Calculation for Service Level C e residential vacant Parcel Char e $200,00 $200,00 A charge is imposed on all residential parcels developed or undeveloped. Parks, open space areas, easements and non-buildable parcels are not charged, TABLE IV Parcel Charge Calculation for Service Level D Parcel e Char e residential $172,56 This charge is imposed only on developed single-family residential parcels (with a residential home), APPENDIX A - PARCEL LISTING (FY 2003-2004) The actual parcels subject to rates and charges for Service Level B, Service Level C and Service Level D beginning Fiscal Year 2003-2004 shall be those parcels within Tract Map No, 23209 identified on the Riverside County Secured Roll at the time all TCSb rates and charges are submitted to the County Auditor/Controller for inclusion on the tax roll for that fiscal year. The rates and method of apportionment outlined in this Report are consistent with the rates and methods previously approved by the TCSD Board of Directors for each applicable Service Level contained herein, However, all rates and methods described in this Report are subject to revision and modification within the prescribed parameters of the law, The actual rates and charges applied on the tax roll each fiscal year shall be apportioned and submitted according to the rates and method described in the final TCSD Annual Levy Report presented and approved by the Board of Directors at an annual Public Hearing, The following pages encompass a complete listing of all parcels within Tract Map No. 23209 subject to the TCSD Service Level B, Service Level C and Service Level D rates and charges beginning Fiscal Year 2003-2004, This listing shows the rate and charge that will be charged to each parcel based on development with a single family residential unit. The rates and charges applied to each newly subdivided residential parcel will reflect the services provided and the development of each respective parcel at the time the rates and charges are applied. Fiscal Year 2003-2004 Rates and Charges Servi ce Service Service Total Level B Level C Level D** Assessment 1 $25,68 $200,00 $172.56 $398,24 2 $25.68 $200.00 $172.56 $398,24 3 $25,68 $200.00 $172.56 $398,24 4 $25.68 $200,00 $172.56 $398.24 5 $25.68 $200,00 $172.56 $398,24 6 $25.68 $200,00 $172.56 $398,24 7 $25.68 $200,00 $172.56 $398.24 8 $25,68 $200,00 $172.56 $398,24 9 $25,68 $200.00 $172.56 $398,24 10 $25,68 $200,00 $172.56 $398,24 11 $25,68 $200,00 $172.56 $398,24 12 $25,68 $200,00 $172.56 $398,24 13 $25.68 $200,00 $172.56 $398,24 14 $25,68 $200,00 $172.56 $398,24 15 $25.68 $200.00 $172.56 $398,24 16 $25.68 $200.00 $172.56 $398,24 17 $25,68 $200.00 $172.56 $398,24 18 $25,68 $200.00 $172.56 $398.24 19 $25,68 $200,00 $172.56 $398,24 20 $25,68 $200,00 $172.56 $398,24 21 $25,68 $200,00 $172.56 $398,24 22 $25,68 $200,00 $172.56 $398,24 23 $25,68 $200,00 $172.56 $398,24 24 $25,68 $200,00 $172.56 $398,24 25 $25.68 $200,00 $172.56 $398,24 26 $25.68 $200,00 $172.56 $398,24 27 $25.68 $200.00 $172.56 $398,24 28 $25,68 $200.00 $172.56 $398,24 29 $25,68 $200,00 $172.56 $398,24 30 $25,68 $200,00 $172.56 $398,24 31 $25.68 $200.00 $172.56 $398,24 32 $25.68 $200,00 $172.56 $398,24 33 $25.68 $200,00 $172.56 $398,24 34 $25.68 $200,00 $172.56 $398,24 35 $25.68 $200.00 $172,56 $398.24 36 $25,68 $200,00 $172.56 $398,24 37 $25.68 $200,00 $172.56 $398,24 38 $25,68 $200.00 $172.56 $398.24 39 $25,68 $200.00 $172.56 $398,24 40 $25,68 $200.00 $172.56 $398,24 41 $25,68 $200.00 $172.56 $398,24 42 $25.68 $200.00 $172.56 $398,24 43 $25,68 $200,00 $172.56 $398,24 44 $25.68 $200,00 $172.56 $398,24 45 $25,68 $200.00 $172.56 $398,24 46 $25,68 $200.00 $172,56 $398,24 47 $25,68 $200.00 $172.56 $398,24 48 $25,68 $200,00 $172.56 $398,24 49 $25,68 $200,00 $172.56 $398,24 50 $25,68 $200,00 $172.56 $398,24 51 $25.68 $200,00 $172.56 $398,24 52 $25.68 $200,00 $172.56 $398,24 53 $25,68 $200,00 $172.56 $398,24 54 $25.68 $200,00 $172.56 $398,24 55 $25,68 $200,00 $172.56 $398,24 56 $25,68 $200.00 $172.56 $398,24 57 $25,68 $200,00 $172.56 $398,24 58 $25,68 $200,00 $172.56 $398,24 59 $25,68 $200.00 $172.56 $398,24 60 $25,68 $200.00 $172.56 $398,24 61 $25.68 $200,00 $172.56 $398,24 62 $25,68 $200,00 $172.56 $398,24 63 $25,68 $200,00 $172.56 $398,24 64 $25,68 $200,00 $172.56 $398,24 65 $25,68 $200,00 $172.56 $398,24 66 $25,68 $200,00 $172.56 $398,24 67 $25.68 $200,00 $172.56 $398,24 68 $25.68 $200.00 $172.56 $398,24 69 $25,68 $200.00 $172.56 $398.24 70 $25,68 $200.00 $172.56 $398.24 71 $25.68 $200,00 $172.56 $398,24 72 $25,68 $200,00 $172.56 $398,24 73 $25,68 $200,00 $172.56 $398,24 74 $25,68 $200,00 $172.56 $398,24 75 $25.68 $200,00 $172.56 $398,24 76 $25.68 $200,00 $172.56 $398,24 77 $25.68 $200.00 $172.56 $398,24 78 $25.68 $200.00 $172.56 $398,24 79 $25,68 $200,00 $172.56 $398,24 80 $25,68 $200.00 $172.56 $398.24 81 $25,68 $200,00 $172.56 $398,24 82 $25.68 $200,00 $172.56 $398,24 83 $25,68 $200.00 $172.56 $398,24 84 $25,68 $200.00 $172.56 $398,24 85 $25,68 $200.00 $172.56 $398,24 86 $25.68 $200.00 $172.56 $398,24 87 $25,68 $200.00 $172.56 $398,24 88 $25,68 $200.00 $172.56 $398.24 89 $25.68 $200.00 $172.56 $398,24 90 $25,68 $200,00 $172.56 $398,24 91 $25.68 $200,00 $172.56 $398.24 92 $25.68 $200,00 $172.56 $398,24 93 $25,68 $200,00 $172.56 $398,24 94 $25.68 $200,00 $172.56 $398,24 95 $25.68 $200,00 $172.56 $398,24 96 . $25,68 $200.00 $172.56 $398,24 97 $25,68 $200.00 $172.56 $398,24 98 $25,68 $200,00 $172.56 $398,24 99 $25.68 $200.00 $172.56 $398,24 100 $25,68 $200.00 $172.56 $398,24 101 $25,68 $200,00 $172.56 $398,24 102 $25,68 $200,00 $172.56 $398,24 103 $25,68 $200,00 $172.56 $398,24 104 $25.68 $200,00 $172.56 $398,24 105 $25,68 $200,00 $172.56 $398,24 106 $25,68 $200,00 $172.56 $398,24 107 $25,68 $200,00 $172.56 $398,24 108 $25.68 $200.00 $172.56 $398,24 109 $25,68 $200,00 $172.56 $398,24 110 $25,68 $200,00 $172.56 $398.24 111 $25,68 $200,00 $172.56 $398,24 112 $25,68 $200.00 $172.56 $398.24 113 $25,68 $200,00 $172.56 $398,24 114 $25.68 $200.00 $172.56 $398,24 115 $25,68 $200,00 $172.56 $398,24 116 $25,68 $200,00 $172.56 $398,24 117 $25,68 $200,00 $172.56 $398,24 118 $25,68 $200,00 $172.56 $398,24 119 $25,68 $200,00 $172.56 $398,24 120 $25.68 $200,00 $172,56 $398,24 121 $25,68 $200,00 $172.56 $398.24 122 $25,68 $200,00 $172.56 $398,24 123 $25.68 $200,00 $172.56 $398,24 124 $25,68 $200,00 $172.56 $398,24 125 $25.68 $200.00 $172.56 $398,24 126 $25,68 $200.00 $172.56 $398,24 127 $25,68 $200,00 $172.56 $398,24 128 $25,68 $200.00 $172.56 $398,24 129 $25.68 $200.00 $172.56 $398,24 130 $25,68 $200.00 $172.56 $398,24 131 $25,68 $200.00 $172.56 $398,24 132 $25.68 $200.00 $172.56 $398,24 133 $25,68 $200.00 $172.56 $398,24 134 $25,68 $200.00 $172.56 $398,24 135 $25,68 $200.00 $172.56 $398.24 136 $25,68 $200,00 $172.56 $398,24 137 $25.68 $200.00 $172.56 $398,24 138 $25,68 $200.00 $172.56 $398,24 139 $25.68 $200.00 $172.56 $398,24 140 $25,68 $200.00 $172.56 $398,24 141 $25,68 $200.00 $172.56 $398.24 142 $25,68 $200.00 $172.56 $398,24 143 $25,68 $200.00 $172.56 $398,24 144 $25,68 $200,00 $172.56 $398,24 145 $25.68 $200,00 $172.56 $398,24 146 $25,68 $200,00 $172.56 $398,24 147 $25,68 $200,00 $172.56 $398,24 148 $25,68 $200,00 $172.56 $398.24 149 $25,68 $200,00 $172.56 $398.24 150 $25,68 $200,00 $172.56 $398,24 151 $25.68 $200,00 $172.56 $398,24 152 $25.68 $200,00 $172.56 $398,24 153 $25,68 $200,00 $172.56 $398,24 154 $25,68 $200,00 $172.56 $398,24 155 $25,68 $200.00 $172.56 $398,24 156 $25,68 $200,00 $172.56 $398,24 157 $25,68 $200,00 $172.56 $398,24 158 $25,68 $200,00 $172.56 $398.24 159 $25,68 $200,00 $172.56 $398,24 160 $25,68 $200,00 $172.56 $398,24 161 $25.68 $200,00 $172.56 $398,24 162 $25,68 $200,00 $172,56 $398,24 163 $25,68 $200,00 $172.56 $398,24 164 $25,68 $200,00 $172.56 $398,24 165 $25,68 $200,00 $172.56 $398,24 166 $25.68 $200,00 $172.56 $398,24 167 $25,68 $200,00 $172.56 $398,24 168 $25.68 $200,00 $172.56 $398.24 169 $25.68 $200,00 $172,56 $398,24 170 $25,68 $200,00 $172.56 $398.24 171 $25,68 $200,00 $172.56 $398,24 172 $25.68 $200,00 $172.56 $398,24 173 $25,68 $200.00 $172.56 $398,24 174 $25,68 $200.00 $172.56 $398,24 175 $25.68 $200.00 $172.56 $398,24 176 $25,68 $200,00 $172.56 $398,24 177 $25,68 $200,00 $172.56 $398,24 178 $25,68 $200,00 $172.56 $398.24 179 $25,68 $200,00 $172.56 $398,24 180 $25.68 $200,00 $172.56 $398,24 181 $25,68 $200,00 $172.56 $398,24 182 $25.68 $200,00 $172.56 $398.24 183 $25.68 $200.00 $172.56 $398,24 184 $25.68 $200.00 $172.56 $398,24 185 $25,68 $200.00 $172.56 $398,24 186 $25.68 $200.00 $172.56 $398,24 187 $25.68 $200.00 $172,56 $398,24 188 $25.68 $200.00 $172.56 $398,24 189 $25.68 $200.00 $172.56 $398,24 190 $25,68 $200.00 $172.56 $398,24 191 $25.68 $200.00 $172.56 $398,24 192 $25.68 $200.00 $172.56 $398.24 193 $25,68 $200.00 $172.56 $398,24 194 $25.68 $200.00 $172.56 $398,24 195 $25.68 $200.00 $172.56 $398,24 196 $25,68 $200.00 $172.56 $398,24 197 $25.68 $200.00 $172,56 $398,24 198 $25.68 $200.00 $172.56 $398,24 199 $25.68 $200.00 $172.56 $398,24 200 $25,68 $200.00 $172.56 $398,24 201 $25.68 $200.00 $172.56 $398.24 202 $25,68 $200.00 $172.56 $398,24 203 $25.68 $200.00 $172.56 $398,24 204 $25.68 $200.00 $172.56 $398,24 205 $25,68 $200.00 $172.56 $398,24 206 $25.68 $200.00 $172.56 $398,24 207 $25,68 $200.00 $172.56 $398,24 208 $25,68 $200.00 $172.56 $398,24 209 $25,68 $200.00 $172.56 $398,24 210 $25,68 $200.00 $172.56 $398,24 211 $25,68 $200.00 $172.56 $398,24 212 $25,68 $200.00 $172.56 $398,24 213 $25,68 $200.00 $172.56 $398.24 214 $25,68 $200.00 $172.56 $398,24 215 $25,68 $200.00 $172.56 $398,24 216 $25,68 $200.00 $172.56 $398,24 217 $25.68 $200.00 $172.56 $398,24 218 $25,68 $200.00 $172,56 $398,24 219 $25,68 $200.00 $172.56 $398,24 220 $25.68 $200.00 $172.56 $398,24 Totals $5,649.60 $44,000.00 $37,963,20 $87,612.80 *Alllot numbers are by reference to Tract Map No, 23209 as recorded by the Riverside County Office Recorder No. 2002-357382 recorded on June 28, 2002, **Rates for Service Level D for Fiscal Year 2003-2004 may be increased by further action of the City Council. ITEM 3 APPROVAL CITY ATTORNEY DIRECTOR OF FINA~E ""1171- CITY MANAGER t.p rr~ CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: Board of Directors Herman D, Parker, Director of Community service~ September 17,2002 SUBJECT: Acceptance of Landscape Bonds and Agreements for Tract Map No, 29639; Harveston LLC PREPARED BY: Barbara Smith, Management Analyst ~\G7 RECOMMENDATION: That the Board of Directors: 1, Accept the agreement and surety bonds from Harveston, LLC to improve the perimeter slopes and parkways along Date and Margarita Roads within Tract Map No. 29639, 2. Accept the agreement and surety bonds from Harveston, LLC to improve the landscaped medians on Margarita, Date and Lakeview Roads within Tract Map No, 29639, 3, Accept the agreement and surety bonds from Harveston, LLC to improve the perimeter slopes along the interior Loop Road within Tract Map No, 29639, BACKGROUND: Pursuant to the conditions of approval for Tract Map No, 29639, Harveston, LLC is proposing to improve certain perimeter slopes and landscaped parkways adjacent to Margarita and Date Roads, as well as the interior Loop Road along Harveston Drive and a small segment of Village Road, In addition, the developer is proposing to improve and dedicate to the TCSD landscaped medians along Margarita, Date and Lakeview Roads, Once the landscaping is installed and the Temecula Community Services District (TCSD) has approved these landscaped areas TCSD will take over the maintenance responsibilities of the proposed landscaped improvements within Tract Map No, 29639, To insure that the slopes/parkways and landscaped medians are constructed to City standards, the developer is normally required to post securities to improve these areas based upon the approved landscape/irrigation plans and the certified construction cost estimates for the improvements, As of this date, the final landscape plans for the medians on Date, Margarita and Lakeview Roads and the parkways along Margarita and Date Roads have been through two plan checks and have been tentatively approved, Since these plans do not have a final approval, TCSD has agreed to accept the bonds in the amount of 125% of the landscape/irrigation improvement costs for these two areas. R:\smithb\Bonds'Staff Tract 29639 Harveston.doc The Interior Loop Road has been though one plan check and based on this status, TCSD has agreed to accept the bonds in the amount of 200% of the initial landscape/irrigation improvement costs, As a result, Harveston, LLC has entered into an agreement with the City and has provided surety bonds, issued by St. Paul Fire and Marine Insurance Co, as follows: Slopes and Parkwav Landscapinq Alonq Marqarita and Date Roads: 1. Faithful Performance Bond No. SV9730 in the amount of $365,800,00, 2, Labor and Materials Bond No, SV9730 in the amount of $182,900,00, 3. Warranty Bond No, SV9730 in the amount of $36,580,00, Landscaped Medians 1, Faithful Performance Bond No, SV9731 the amount of $308,500,00, 2, Labor and Materials Bond No, SV9731 in the amount of $154,250,00, 3, Warranty Bond No, SV9731 in the amount of $30,850,00, Interior Loop Road Alonq Harveston Drive and Villaqe Road 1. Faithful Performance Bond No, SV9729 in the amount of $471 ,000,00, 2. Labor and Materials Bond No, SV9729 in the amount of $235,500,00, 3. Warranty Bond No, SV9729 in the amount of $47,100,00, Upon completion and acceptance of the improvements by the TCSD, staff will recommend the appropriate release or reduction of the bonds, FISCAL IMPACT: None, The cost of construction for the perimeter slope areas and medians will be borne by the developer, ATTACHMENTS: Vicinity Map Project Map Agreement/Bonds, R:\smithb\Bonds\Staff Tract 29639 Harveston.doc ~ ~ ~ Vj ~ ~ /......"'f ~ ~ ~ I- U ~~ o CiS ~ o~~ ~ '\~ ~:\. ~ 0tf. " " ~~~r;~i ~ -.:- "~O;-, ~ - ~, ,oJ ~'~'--=J ~ " ~ , , ~ ~ ~ ~ ~ ~ ~ a.. <( w ~ ...J <1: ~ U ([J 0 - Z f- - f- (J 0 z - > I Ii Il j ~ I Eh. , I I III iL IE. I I I I ___-=L_ -.....- h800 am.aw. DrIft MIilIdaq...jD.Cdlfonaia It2fi1 , i i I . f i i _ TEMECUlA COMMUNITY SERVICES DIS1llICT lTCSDl - 40\188 SF !STREET AND SLOPE IAAlNTENANCEl lHARVESTON COMIMITY lMD - LEVa Ol f I . I.8nnar Communltlea I I CITY OF TEMECULA MEDIAN/PARKWAY IMPROVEMENT AGREEMENT HARVESTON PROJECT DATE OF AGREEMENT: September 9, 2002 NAME OF SUBDIVIDER:. Harveston, LLC., a Delaware limited liability company (Referred to as "SUBDIVIDER") NAME OF SUBDIVISION: . Harveston TRACT NO.: 29639 TENTATIVE MAP RESOLUTION OF APPROVAL NO.: (Referred to as "Resolution of Approval") ESTIMATED TOTAL COST OF MEDIANIPARKWAY IMPROVEMENTS: ($ .00) $1 , 1 45 , 300 One million, one hundred forty-five thousand, three hundred dollars COMPLETION DATE: QIC>3 NAME OF SURETY AND BONO NO. FOR LABOR AND MATERIALS BONO: st. Paul Fire and Marine Insurance Co. SV 9729 $235,500; SV 9730 $182,900; SV 9731 $154,250 NAME OF SURETY AND BONO NO. FOR FAITHFUL PERFORMANCE BONO: st. Paul Fire and Marine Insurance Co. SV 9729$471,000; SV 9730 $365,800; SV 9731 $308,500 NAME OF SURETY AND BONO NO. FOR WARRANTY BONO: st. Paul Fire and Marine Insurance Co. SV 9729 $47.100; SV 9730 $36,580; SV 9731 $30,850 704981,1 8/24/02 1 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 Harveston, LLC" a Delaware limited liability company (the "SUBDIVIDER"). RECITALS A, 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," B, 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, C, SUBDIVIDER is required, as a condition of the approval of the tentative map, to submit Median/Parkway Improvement plans to the City for approval by the City and to complete the approved Median/Parkway Improvement by the Completion Date. The Subdivision Laws establish as a condition precedent to the approval of a final map, that the SUBDIVIDER has entered into a secured Agreement with the CITY to complete the Median/Parkway Improvements within the Completion Date, 0, 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 the Median/Parkway Improvement work required by City in connection with proposed subdivision, Subdivider has secured this agreement by Median/Parkway/Landscaping 704981.1 8/24/02 2 Improvement Security required by the Subdivision Laws and approved by the City Attorney. The term "Median/Parkway" includes landscape areas, other than parks, lakes and the lake park,. as designated on the Median/Parkway Improvement Plans to be maintained by the Temecula Community Services District, E, Complete Median/Parkway Improvement Plans for the construction, installation and completion of the Median/Parkway Improvements have been prepared by SUBDIVIDER and submitted to the City for approval by the Director of Community Services pursuant to Section 1 of this Agreement. F. An estimate of the cost for construction of the proposed Median/Parkway Improvements according to the Improvement Plans submitted to the City for approval has been made and approved by the Director of Community Services, The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement based on the preliminary plans submitted to the City and includes a twenty five percent (25%) contingency to accommodate an changes in the plans which may be required by the City as part of the final approval.. G, The CITY has adopted standards for the construction and installation of Median/Parkway Improvements within the CITY, The Median/Parkway Improvement Plans shall be in conformance with the CITY standards, (in effect on the date of approval of the Resolution of Approval), H, 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 properly within the SUBDIVISION, As a result, CITY will be damaged to .the extent of the cost of installation of the Median/Parkway Improvements by SUBDIVIDER'S failure to perform its obligation under this Agreement, including, but not limited to, SUBDIVIDER'S obligation to complete construction of Median/Parkway 704981 ,1 8/24/02 3 Improvements by the Completion Date, 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 Obliaations to Construct Median/Parkwav Improvements, SUBDIVIDER Shall: a, Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws, b, Pursuant to the requirements of Labor Code Section 1720, SUBDIVIDER shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for the Median/Parkway Improvement Work required by this Agreement. In accordance with 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 Cleric Copies may be obtained at cost at the City Clerk's office of the City of Temecula, Subdivider shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum, Subdivider shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 704981,1 8/24/02 4 1777,6, and 1813 of the Labor Code and other applicable laws and regulations with respect to the payment of prevailing wages, Pursuant to the provisions of 1775 of the Labor Code, Subdivider 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 Agreement, by it or by any subcontractor under it, in violation of the provisions of the Agreement or in violation of any applicable laws or regulations pertaining to the payment of prevailing wages. c, Prepare and submit to the City Median/Parkway Improvement Plans for the construction, installation and completion of the Median/Parkway Improvements, The Median/Parkway Improvement Plans shall be approved, conditionally approved, or rejected by the Director of Community Services pursuant to this Agreement. If rejected, the Subdivider shall resubmit the Plans with such changes as may be required by the Director of Community Services, Once approved by the Director of Community Services, the Median/Parkway Improvement Plans numbered as referenced previously in this Agreement shall be placed on file in the Office of the Director of Community Services and are incorporated into this Agreement by this reference, All references in this Agreement to the "Median/Parkway Improvement Plans" or "Median/Parkway Improvements" shall include reference to the Median/Parkway improvement plans and any specifications for the Improvements as approved by the Director of Community Services, d, Complete by the time established in Section 20 of this Agreement and at SUBDIVIDER'S own expense, all the Median/Parkway 704981.1 8/24/02 5 Improvement work required on the Tentative Map and Resolution of Approval in conformance with the Median/Parkway Improvement Plans and the CITY standards: d, Furnish the necessary materials for completion of the Median/Parkway Improvements in conformity with the Median/Parkway Improvement Plans and CITY standards. e. Except for easements or other interested in real property to be dedicated to the Homeowners Association of the SUBDIVISION, acquire and dedicate, or pay the cost of acquisition by CITY, of all rights- of-way, easements and other interests in real property for construction or installation of the Median/Parkway Improvements, free and clear of all liens and encumbrances for the SUBDIVIDER'S obligations with regard to acquisition by CITY 01 oft-site rights-ol-way, easements and other interests in real property shall be subject to a separate Agreement between SUBDIVIDER and CITY, 2, Acauisition and Dedication of Easements or Riahts-of-Wav, If any of the Median/Parkway Improvements and land development work contemplated by this Agreement are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before: a. The ofter of dedication to CITY or 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 b. The dedication to, and acceptance by, the CITY of appropriate rights-of-way, easements or other interests in real property, 704981,1 8/24/02 6 and approved by the Department of Public Works, as determined by the Director of Community Services, c, The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession, SUBDIVIDER shall comply in all respects with order of possession. Nothing in this Section 2 shall be construed as authorizing or granting an extension of time to SUBDIVIDER. 3, Securitv, 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: a, to assure faithful performance of this Agreement in regard to said improvements in and amount of one hundred percent (100%) of the estimated cost of the Median/Parkway Improvements; and \ b, to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for Median/Parkway Improvements required to be constructed or installed pursuant to this Agreement in the additional amount of fifty percent (50%) of the estimated cost of the Improvements; and c, 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 ten percent (10%) of the estimated cost of the Median/Parkway Improvements, 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 704981.1 8/24/02 7 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 Median/Parkwav Imorovement Plans, a, Any changes, alterations or additions to the Median/Parkway Improvement Plans and specifications or to the improvements, not exceeding ten (10%) of the original estimated cost if the improvement, which are mutually agreed upon by the 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. b, The SUBDIVIDER shall construct the Median/Parkway 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 704981 ,1 8/24/02 8 completion of the improvements, CITY may apply the standards in effect at the time of the extension, 5, Insoection and Maintenance Period. a, SUBDIVIDI;:R shall obtain City inspection of the Median/Parkway Improvements in accordance with the City standards in effect at the time of adoption of the Resolution of Approval. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the Median/Parkway Improvements by CITY inspectors and to the shops wherein any work is in preparation, Upon completion of the work the SUBDIVIDER may request a final inspection by the Director of Community Services, or the Director of Community Service's authorized representative. If the Director of Community Services, or the designated representative, determine that the work has been completed in accordance with this Agreement, then the Director of Community Services shall certify the completion of the Median/Parkway Improvements to the Board of Directors, b, SUBDIVIDER shall continue to maintain the Median/Parkway Improvements for ninety (90) days after they have been certified completed, No improvements shall be finally accepted unless the maintenance period has expired, and all aspects of the work have been inspected and determined to have been completed in accordance with the Median/Parkway Improvement Plans and CITY standards. SUBDIVIDER shall bear all costs of inspection and certification, 6. Release of Securities, Subject to approval by the Board of Directors of the Community Services District of the CITY, the securities required by this Agreement shall . be released as follows: 704981,1 8/24/02 9 704981 ,1 8/24/02 10 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, d, 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 work and improvements by the City Council. e, The CITY may retain from any security released, and amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees, 7, Iniurv to Public Improvements, Public Propertv or Public Utilities Facilities, SUBDI\fIDER 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 or destroyed by reason of any work done under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public property on 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 or such owners, Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer, 8, Permits, SUBDIVIDER shall, at SUBDIVIDER'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, 9, Default of SUBDIVIDER 704981 ,1 8/24/02 11 a, default of SUBDIVIDER shall include, but not be limited to, SUBDIVIDER'S failure to timely commence construction pursuant to this Agreement; SUBDIVIDER'S failure to timely commence construction of the Median/Parkway Improvements; SUBDIVIDER'S failure to timely cure the defect in the Median/Parkway 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. b. 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 his 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 Median/Parkway 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 Median/Parkway Improvements in accordance with the Median/Parkway Improvement 704981,1 8/24/02 12 '- 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 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 SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for an 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, plan and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work, c, 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 SUBDIVIDER'S breach shall be in the discretion of CITY. d, 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, 704981,1 8/24/02 13 e, 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. 10. Warranty, SUBDIVIDER shall guarantee or warranty the work done pursuant this Agreement for a period of one. year after expiration of the maintenance period and final acceptance by the City Council of the work and improvements against any defective work or labor done or defective materials furnished, Where Median/Parkway Improvements are to be constructed in phases or sections, the one year warranty period shall commence after CITY acceptance of the last completed 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 Median/Parkway 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 Surety and agrees to pay the cost of such w~rk by CITY, Should 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 replacements or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs, 704981,1 8/24/02 14 11. Subdivider Not Aaent of Citv, 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, Iniurv to Work, Until such time as the Median/Parkway Improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed, 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 Aareements, 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 agreement with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. 14, SUBDIVIDER'S Obliaation to Warn Public Durina Construction. Until final acceptance of the Median/Parkway 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, Vestina of Ownership. Upon acceptance of 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. 704981,1 8/24/02 15 16. Final Acceptance of Work, Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the Director of Community Services after final completion and inspection of all Median/Parkway Improvements, The Board of Directors shall act upon the Director of Community Services recommendations within thirty (30) days from the date the Director of Community Services certifies that the work has finally completed, as provided in Paragraph 5. Such acceptance shall not constitute a waiver of defects by CITY, 17. IndemnitvlHold 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 of 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 Median/Parkway 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 the Median/Parkway 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 of any of the Median/Parkway Improvements shall not constitute any 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 Median/Parkway Improvements pursuant to the approved Median/Parkway Improvement Plans, regardless of any negligent action or inaction taken by the CITY in approving the plans, unless the particular improvement design was 704981 ,1 8/24/02 16 specifically required by CITY over written objection by SUBDIVIDER submitted to the Director of Community Services 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 Median/Parkway 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 Median/Parkway Improvements, It is the intent of this section that SUBDIVIDER shall be responsible for all liability for design and construction of the Median/Parkway Improvements installed or work done pursuant to this Agreement and .the 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 provision of this paragraph, 18, Sale or Disoosition 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 Comoletion of Work Extensions, SUBDIVIDER shall complete construction of the improvements required by this Agreement no later than September 9, 704981,1 8/24/02 17 2003, In the event good cause exists as determined by the City Engineer, and if otherwise permitted under the tentative map condition, the time for completion of the improvements hereunder may be extended, The extension shall be made by writing executed by the Director of Community Services. 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 Director of Community Services 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 reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting or work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of time for completion, As a condition of such extension, the Director of Community Services may require SUBDIVIDER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for an increase in construction costs as determined by the Director of Community Services, 21, No Vestina of Riahts, Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER'S rights with respect to any change in 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 Mail. 704981,1 8/24/02 18 Notices shall be addressed as follows unless a written change of address is filed with the City: Notice to CITY: City Clerk City of Temecula 43200 Business Park Drive P,O, Box 9033 Temecula, CA 92589-9033 Notice to SUBDIVIDER: Harveston LLC 24800 Chrisanta Drive Mission Viejo, CA 92691 23. . Severabilitv, 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 force 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, Litiaation or Arbitration, In the event that suit or arbitration is brought to enfo~ce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorney's fees, 26, Incorporation of Recitals, The recitals to this agreement are hereby incorporated into the terms of this agreement. 27, Leaal Responsibilities, The Subdivider shall keep itself informed of all local, State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this 704981,1 8/24/02 19 Agreement. The Subdivider shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Subdivider to comply with this section, 28, Entire Aareement. 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 representative 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, CITY OF TEMECULA Ron Roberts, Mayor ATTEST: Susan W, Jones, CMC, City Clerk RECOMMENDED FOR APPROVAL: William Hughes, City Engineer Herman Parker, Director of Community Services 704981,1 8/24/02 20 APPROVED AS TO FORM: Peter M, Thorson City Attorney SUBDIVIDER \ .. """"'\. By: .... --- , Name: Tom Banks Title: Vice President By: ~~ Name: Dee Baker Title: Assistant Secretary (Proper Notarization of SUBDIVIDER'S signature is required and shall be attached) 704981.1 8/24/02 21 ALL-PURPOSE ACKNOWLEDGMENT State of California County of Olf' /I~C;;E } } On. BE!",. II personally appeared V personally kno,wn to me -OR- . 11 proved.to me n the basis of satisfactory evidence to be the pers~whose nam. subscribed to the wit~~=nt and acknowledged to me that e ecuted the same in h' uthorized capacitY~, and that by , ei signatur~ the instrument the pers~ or the entity upon behalf of w ich the pers~cted, executed the instrument. ,2002 before me, .:1#NfeG L ,ZL/t,(Er Witness my hand and official seal. J ~ JANICE l. ZlAKET ~ - Comm, # 1228574 Ul . NOTARY PUBLIC ,CALifORNIA ~ Orlngl Counly My Comm, bpl," Jul 11,2001'" ~ c,~ ~ V __ -'---' X:'- NATURE OF NO Y ALL-PURPOSE ACKNOWLEDGMENT State of California County of } } On , personally appeared , 2002 before me, [] 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. 704981.1 8/24/02 22 E)(IJ~jt A1 Harveston Parkway Slopes CSD02-0019 01-153 BUDGET ESTIMATE DESCRIPTION QUANTITY UNIT PRICE TOTAL PLANTING TREES 36" BOX EA. 600.00 0.00 24" BOX 190.00 EA. 225.00 42,750.00 15 GAL 642.00 EA. 75.00 48,150.00 SHRUBS 5 GAL 4,510.00 EA. 16,00 72,160.00 1 GAL 838.00 EA. 5.00 4,190.00 JUTE NETTING S.F. 0.12 0.00 LAWN HYDRO SEED 40,397.00 S.F. 0.10 4,039.70 SOIL CLEARlWEED 153,627.00 S.F. 0.03 4,608.81 GRADFJAMEND S.F. 0.10 0.00 BARK 113,230.00 S.F. 0.15 16,984.50 CONCRETE MOW STRIP 409.00 L.F. 2.95 1,206.55 PLANTING SUB-TOTAL 194,089,56 IRRIGATION KBI CHECK VALVE 2.00 EA. 7.50 15.00 CONTROLLER ASSEMBLY 2.00 EA. 5,000.00 10,000.00 BASKET STRNR 1 INCH 2.00 EA. 200.00 400.00 R.c.v. 1 INCH 14.00 EA. 35.00 490.00 11/2 INCH 28.00 EA. 40.00 1,120.00 RAlNBIRD PRS REG 3/4 14.00 EA. 12.00 168.00 API WYE STRNR 14.00 EA. 20.00 280.00 QUICK COUPLER 56.00 EA. 30.00 1,680.00 API END FLUSH CAP 74.00 EA. 3.50 259.00 RVALVE 2 INCH 5.00 EA. 30.00 150.00 BOWSMITH EMITTER 7,702.00 EA. 0.90 6,931.80 RAlNBIRD RAIN GUAGE EA. 42.00 0.00 MASTER VALVE 2 INCH 2.00 EA. 150.00 300.00 FLOW METER 2 INCH 2.00 EA. 525.00 1,050.00 RAlNBIRD 6 POP-UP 1,653.00 EA. 6.00 9,918.00 MAIN 2 INCH 5,436.00 L.F. 2.25 12,231.00 1 INCH 100.00 L.F, 1.25 125.00 LATERAL 2 INCH 250.00 L.F. 2.25 562.50 1-1/2 INCH 250.00 L.F. 1.60 400.00 1-1/4 INCH 250.00 L.F. 1.40 350.00 1 INCH 500.00 L.F 1.20 600.00 3/4 INCH 23,747.00 L.F. 1.05 24,934.35 IRRIGATION SUBTOTAL 71,949,65 PLANTING AND IRRIGATION TOTAL 266,039,21 MAINTENANC /MONTH 153,627.00 S.F. 0.015 2,304.41 PER YEAR 27,652.86 01-153 C.B. Parkway Slopes 08/16/02 Harveston Parkway Slopes CSD02-0019 01-153 WATER BUDGET PROCESS STEP (I) (2) (3) NUMBER DRIP SHRUB SPRAY LAWN SPRAY HYDROZONE NUMBER ETORATE (I) 55.45 55.45 55.45 (IN.NR) (TABLE NO. I) AREA OF HYDROZONE (2) 113,230.00 0,00 40,397.00 (SQ,FT.) PLANT COEFFICIENT (3) 0.30 0.30 0,70 (TABLE NO.4) , IRRlGATION (4) 0.90 0.70 0.70 DISTRIBUTION EFFICIENCY (TABLE NO,2) IRRlGATION (5) 0.85 0.85 0,85 OPERATION EFFICIENCY (TABLE NO, 3) YEARLY (6) 16.64 16,64 38,82 WATER DEMAND (STEP #1 xSTEP #3) (IN.NR) TOTAL WATER (7) 156,337.23 0,00 130,144,79 DEMAND (0,083 xSTEP #2 xSTEP #6) (CU. FT.) IRRlGATION EFFICIENC (8) 0,72 0.77 0.60 (STEP #4 x STEP #5) HYDROZONE WATER (9) 217,135.04 0.00 218,730.74 DEMAND(STEP #7 / STEP #8 (CU,FT.) -------------------------------------------- 565,636.18 Allowable Project Demand (Step #10) (0.083 x 0.8 x Step #1 x total of all Step #2's), 435,865.78 Total of all water demands, 08/16/02 Harveston Parkway Slopes CSD02-0019 01-153 DRIP ETO %ETO CU,FT. GALLONS DAYS GPM MINIDA Y JANUARY 2.10 0,04 8,223.33 61,510.50 10.00 128.37 48 FEBRUARY 2,75 0,05 10,768,64 80,549.46 13.00 128,37 48 MARCH 3.90 0.07 15,271.90 114,233,78 18.00 128.37 49 APRIL 4.40 0.08 17,229.83 128,879.14 21.00 128.37 48 MAY 5,90 0,11 23,103,64 172,815,21 31.00 128.37 43 JUNE 7.40 0.13 28,977.44 216,751.28 30.00 128.37 56 JULY 7.60 0.14 29,760.62 222,609.43 31.00 128.37 56 AUGUST 7,00 0,13 27,41 I.IO 205,035,00 30.00 128.37 53 SEPTEMBER 5.80 0.10 22,712.05 169,886.14 26,00 128.3 7 51 OCTOBER 3.90 0.07 15,271.90 114,233.78 20,00 128.37 44 NOVEMBER 2,60 0,05 10,181.26 76,155.86 12.00 128.37 49 DECEMBER 2.10 0.04 8223,33 61,510.50 10,00 128,37 48 ------------------------ 55.45 1.00 217,135.04 CU.FT, CU,FT./GAL, 217,135.04 7.48 OB/16102 Harveston Parkway Slopes CSD02-0019 01-153 LAWN ETo KC ETc PR MlM DIM MID JANUARY 2.10 0.70 1.47 1.50 59 6 10 FEBRUARY 2.75 0.70 1.93 1.50 77 8 10 MARCH 3.90 0.70 2.73 1.50 109 12 9 APRIL 4.40 0.70 3.08 1.50 123 13 9 MAY 5.90 0.70 4.13 1.50 165 17 10 JUNE 7.40 0,70 5.18 1.50 207 22 9 JULY 7.60 0.70 5.32 1.50 213 22 10 AUGUST 7.00 0.70 4.90 1.50 196 22 9 SEPTEMBER 5.80 0.70 4.06 1.50 162 18 9 OCTOBER 3.90 0.70 2.73 1.50 109 12 9 NOVEMBER 2.60 0.70 1.82 1.50 73 8 9 DECEMBER 2.10 0.70 1.47 1.50 59 6 10 TOTAL 55.45 NOTE: Daily run time will have to be increased during the plant establishment period. ETo Reference Evapotranspiration KC Crop Coefficient ETc Crop Evapotranspiration PR Precipitation Rate M/M Minutes per Month DIM Days per Month MID Minutes per Day OB/16/02 E)(J..;/oif A2 Harveston Medians CSD02-0015 01-153 BUDGET ESTIMATE DESCRIPTION QUANTITY UNIT PRICE TOTAL PLANTING TREES 24" BOX 67.00 EA. 225.00 15,075.00 SHRUBS 5 GAL 681.00 EA. 16.00 10,896.00 I GAL 689.00 EA. 5.00 3,445.00 SOIL CLEARlWEED 50,101.00 S.F. 0.03 1,503.03 GRADE/AMEND o S.F. 0.10 5,010.10 BARK 50,101.00 S.F. 0.15 7,515.15 CONCRETE MOW STRIP L.F, 2.95 0.00 PLANTING SUB-TOTAL 43,444,28 IRRIGATION KBI CHECK VALVE 6.00 EA. 7.50 45.00 CONTROLER ASSEMBLY 1.00 EA. 5,000.00 5,000.00 BASKETSTRNR I INCH 1.00 EA. 200.00 200.00 R.C.V. I INCH 3.00 EA. 35.00 105.00 RAINBIRD PRS REG 3/4 3.00 EA. 12.00 36.00 API WYE STRNR 3.00 EA. 20.00 60.00 QUICK COUPLER 18.00 EA. 30.00 540.00 API END FLUSH CAP 12.00 EA. 3.50 42.00 BVALVE 2 INCH 2.00 EA. 30.00 60.00 BOWSMITH EMITTER 1,575.00 EA. 0.90 1,417.50 RAINBIRD RAIN GUAGE EA. 42.00 0.00 MASTER VALVE 2 INCH 1.00 EA. 150.00 150.00 FLOW METER I INCH 1.00 EA. 400.00 400.00 RAINBIRD BUBBLERS EA. 1.00 0.00 MAIN 2 INCH 930.00 L.F. 2.25 2,092.50 I INCH 494.00 L.F. 1.25 617.50 LATERAL 1-1/2 INCH L.F. 1.60 0.00 1-1/4 INCH 2.00 L.F. 1.40 2.80 I INCH L.F 1.20 0.00 3/4 INCH 3,048.00 L.F. 1.05 3,200.40 IRRIGATION SUBTOTAL 13,923,70 PLANTING AND IRRIGATION TOTAL 57,367.98 MAINTENANC /MONTH 50,101.00 S.F. 0.015 751.52 PER YEAR 9,018.18 * Controller "J" separate from this estimate 01-153 c.E. Medians 08116/02 Harveston Medians CSD02-0015 01-153 WATER BUDGET PROCESS STEP (I) (2) (3) NUMBER DRIP SHRUB SPRAY LAWN SPRAY HYDROZONE NUMBER ETO RATE (I) 55.45 55.45 55.45 (IN./YR) (TABLE NO. I) AREA OF HYDROZONE (2) 50,101.00 0.00 0,00 (SQ,FT,) PLANT COEFFICIENT (3) 0.30 0.30 0.70 (TABLE NO, 4) IRRIGATION (4) 0.90 0,70 0.70 DISTRIBUTION EFFICIENCY (TABLE NO,2) IRRIGATION (5) 0,85 0.85 0.85 OPERATION EFFICIENCY (TABLE NO, 3) YEARLY (6) 16,64 16.64 38,82 WATER DEMAND (STEP #1 xSTEP #3) (IN./YR) TOTAL WATER (7) 69,174,70 0.00 0,00 DEMAND (0,083 xSTEP #2 xSTEP #6) (CD. FT.) IRRIGATION EFFICIENC (8) 0.72 0,77 0.60 (STEP #4 x STEP #5) HYDROZONE WATER (9) 96,075,97 0,00 0,00 DEMAND(STEP #7 I STEP #8 (CD.FT.) -------------------------------------------- 184,465.87 Allowable Project Demand (Step #10) (0,083 x 0.8 x Step #1 x total of all Step #2's). 96,075.97 Total of all water demands. 08/16/02 . Harveston Medians CSD02-0015 01-153 DRIP ETO %ETO cu. FT, GALLONS DAYS GPM MINIDA Y JANUARY 2,10 0,04 3,638.59 27,216,62 7.00 26,25 148 FEBRUARY 2.75 0.05 4,764.81 35,640.81 9,00 26.25 151 MARCH 3,90 0.07 6,757.37 50,545.15 12,00 26.25 160 APRIL 4.40 0.08 7,623,70 57,025.29 13.00 26.25 167 MAY 5.90 0,11 10,222.69 76,465.73 18.00 26.25 162 JUNE 7.40 0.13 12,821.68 95,906.17 22,00 26,25 166 JULY 7,60 0.14 13,168,21 98,498.23 22,00 26,25 171 AUGUST 7.00 0,13 12,128,62 90,722,06 20.00 26,25 173 SEPTEMBER 5.80 0,10 10,049.43 75,169,70 17.00 26,25 168 OCTOBER 3.90 0,07 6,757.37 50,545,15 12,00 26,25 160 NOVEMBER 2.60 0.05 4,504.91 33,696.76 8.00 26.25 160 DECEMBER 2.10 0.04 3638.59 27,216,62 7.00 26.25 148 ------------------------ 55.45 1.00 96,075,97 CU.FT. CU,FT./GAL, 96,075,97 7.48 OB/16/02 ex'-f&it A'3 *East Margarita Parkway (Controller J) CSD02-0015 01-153 BUDGET ESTIMATE DESCRIPTION QUANTITY UNIT PRICE TOTAL PLANTING TREES 24" BOX 153.00 EA. 225.00 34,425.00 SHRUBS 5 GAL 3,335.00 EA. 16.00 53,360.00 1 GAL 4,526.00 EA. 5.00 22,630.00 SOIL CLEARlWEED 12,743.00 S.F. 0.03 382.29 GRADE/AMEND S.F. 0.10 0.00 BARK 12,743.00 S.F. 0.15 1,911.45 CONCRETE MOW STRIP 2,036.00 L.F. 2.95 6,006.20 PLANTING SUB-TOTAL 118,714.94 IRRIGATION KBI CHECK VALVE 44.00 EA. 7.50 330.00 CONTROLER ASSEMBLY 2.00 EA. 5,000.00 10,000.00 BASKET STRNR 1 INCH 2.00 EA. 200.00 400.00 R.C-V. 1 INCH 19.00 EA. 35.00 665.00 RAlNBIRD PRS REG 3/4 19.00 EA. 12.00 228.00 API WYE STRNR 19.00 EA. 20.00 380.00 QUICK COUPLER 44,00 EA. 30.00 1,320.00 API END FLUSH CAP 42.00 EA. 3.50 147.00 B.VALVE 2 INCH 15.00 EA. 30.00 450.00 BOWSMITH EMITTER 8,174.00 EA. 0.90 7,356.60 RAlNBIRD RAIN GUAGE 3.00 EA. 42.00 126.00 MASTER VALVE 2 INCH 2.00 EA. 150.00 300.00 FLOW METER 1 INCH 2.00 EA. 400.00 800.00 RAlNBIRD BUBBLERS 306.00 EA. 1.00 306.00 MAIN 2 INCH 6,389.00 L.F. 2.25 14,375.25 1 INCH 518.00 L.F. 1.25 647.50 LATERAL 1-112 INCH 127.00 L.F, 1.60 203.20 1-114 INCH 125.00 L.F. 1.40 175.00 1 INCH 3,800.00 L.F 1.20 4,560.00 3/4 INCH 5,565.00 L.F. 1.05 5,843.25 IRRIGATION SUBTOTAL 48,282,80 PLANTING AND IRRIGATION TOTAL 166,997,74 NUUNTENANC ~ONTH 12,743.00 S.F. 0.015 191.15 PER YEAR 2,293.74 * This estimate is for Controller "J" only. 01-153 C.R Medians I-Parkway 08116/02 *East Margarita Parkway (Controller J) CSD02-0015 01-153 WATER BUDGET PROCESS STEP (1) (2) (3) NUMBER DRIP SHRUB SPRAY LAWN SPRAY HYDRaZONE 12743 NUMBER 12743 ETa RATE (1) 55.45 55.45 55.45 (IN.NR) (TABLE NO, 1) AREA OF HYDRaZONE (2) 12,743.00 0.00 0.00 (SQ,FT.) PLANT COEFFICIENT (3) 0,30 0,30 0,70 (TABLE NO, 4) IRRlGATION (4) 0,90 0,70 0.70 DISTRIBUTION EFFICIENCY (TABLE NO,2) IRRlGATION (5) 0.85 0,85 0.85 OPERATION EFFICIENCY (TABLE NO, 3) YEARLY (6) 16.64 16,64 38.82 WATER DEMAND (STEP #1 xSTEP #3) (IN,NR) TOTAL WATER (7) 17,594,32 0,00 0,00 DEMAND (0.083 xSTEP #2 xSTEP #6) (Co. FT,) IRRIGATION EFFICIENC (8) 0.72 0.77 0,60 (STEP #4 x STEP #5) HYDRaZONE WATER (9) 24,436.56 0,00 0,00 DEMAND(STEP #7 / STEP #8 (Co. FT.) -------------------------------------------- 46,918,20 Allowable Project Demand (Step #10) (0.083 x 0,8 x Step #1 x total of all Step #2's), 24,436.56 Total of all water demands, 08/16/02 . < *East Margarita Parkway (Controller J) CSD02-0015 01-153 DRIP ETO %ETO co. FT. GALLONS DAYS GPM MINIDAY JANUARY 2,10 0.04 925.46 6,922.44 7,00 136,23 7 FEBRUARY 2.75 0.05 12,743.00 95,317.64 9.00 136.23 78 MARCH 3.90 0,07 12,743.00 95,317.64 12,00 136.23 58 APRIL 4.40 0,08 1,939,06 14,504.17 13.00 136.23 8 MAY 5,90 0.11 2,600.10 19,448.77 18,00 136,23 8 JUNE 7.40 0.13 3,261.15 24,393,37 22.00 136.23 8 JULY 7,60 0.14 3,349,29 25,052.65 22.00 136.23 8 AUGUST 7.00 0,13 3,084,87 23,074.81 20.00 136.23 8 SEPTEMBER 5.80 0.10 2,556,03 19,119.13 17,00 136.23 8 OCTOBER 3,90 0,07 1,718.71 12,855.97 12.00 136.23 8 NOVEMBER 2,60 0.05 1,145,81 8,570,64 8,00 136,23 8 DECEMBER 2,10 0.04 925.46 6,922.44 7,00 136,23 7 ------------------------ 55.45 1.00 46,991.94 Co.FT. Co.FT.lGAL. 24,436.56 7.48 08/16/02 -- Exlli" il- A4 Loop Road 01-153 BUDGET ESTIMATE DESCRIPTION QUANTITY UNIT PRICE TOTAL PLANTING TREES 36" BOX EA. 600.00 0.00 24" BOX EA. 225.00 0.00 15 GAL 1,038.00 EA. 75.00 77,850.00 SHRUBS 5 GAL 2,443.00 EA. 16.00 39,088.00 I GAL 1,827.00 EA. 5.00 9,135.00 JUTE NETTING S.F. 0.12 0.00 LAWN HYDRO SEED 10,138.00 S.F. 0.10 1,013.80 SOIL CLEARlWEED 20,508.00 S.F. 0.Q3 615.24 GRADEl AMEND 10,138,00 S.F. 0.10 1,013.80 BARK 10,370.00 S.F. 0.15 1,555.50 CONCRETE MOW STRIP 307.00 L.F. 2.95 905.65 PLANTING SUB-TOTAL 131,176,99 IRRIGATION KBI CHECK VALVE 37.00 EA. 7.50 277.50 CONTROLLER ASSEMBLY 2.00 EA. 5,000.00 10,000.00 BASKET STRNR I INCH 1.00 EA. 200.00 200.00 R.Cv. I INCH 19.00 EA. 35.00 665.00 I 112 INCH 38.00 EA. 40.00 1,520.00 RAINBIRD PRS REG 3/4 19.00 EA. 12.00 228.00 API WYE STRNR 19.00 EA. 20.00 380.00 QUICK COUPLER 75.00 EA. 30.00 2,250.00 API END FLUSH CAP 89.00 EA. 3.50 311.50 RVALVE 2 INCH 16.00 EA. 30.00 480.00 BOWSMITH EMITTER 11,165.00 EA. 0.90 10,048.50 RAINBIRD RAIN GUAGE 1.00 EA. 42.00 42.00 MASTER VALVE 2 INCH 1.00 EA. 150.00 150.00 FLOW METER 2 INCH 1.00 EA. 525.00 525.00 RAINBIRD 6 POP-UP 1,829.00 EA. 6.00 10,974.00 MAIN 2 INCH 7,063.00 L.F. 2.25 15,891.75 LATERAL 2 INCH 250.00 L.F. 2.25 562.50 1-l/2INCH 2,456.00 L.F. 1.60 3,929.60 1-l/4INCH 2,456.00 L.F. 1.40 3,438.40 I INCH 4,900.00 L.F 1.20 5,880.00 3/4 INCH 14,737.00 L.F, 1.05 15,473.85 IRRIGATION SUBTOTAL 82,950.10 PLANTING AND IRRIGATION TOTAL 214,127,09 MAINTENANCE /MONTH 20,508.00 S.F. 0.Ql5 307.62 PER YEAR 3,691.44 01-153 C.R L<>op Road 08116/02 y Loop Road 01-153 WATER BUDGET PROCESS STEP (1) (2) (3) NUMBER DRIP SHRUB SPRAY LAWN SPRAY HYDROZONE NUMBER ETORATE (1) 55.45 55.45 55.45 (IN,NR.) (TABLE NO, 1) AREA OF HYDROZONE (2) 10,370,00 0.00 10,138,00 (SQ.FT,) PLANT COEFFICIENT (3) 0,30 0.30 0.70 (TABLE NO, 4) IRRIGATION (4) 0.90 0.70 0,70 DISTRIBUTION EFFICIENCY (TABLE NO.2) IRRIGATION (5) 0,85 0,85 0,85 OPERATION EFFICIENCY (TABLE NO.3) YEARLY (6) 16,64 16.64 38.82 WATER DEMAND (STEP #1 xSTEP #3) (IN.NR.) TOTAL WATER (7) 14,317,91 0,00 32,661.04 DEMAND (0.083 xSTEP #2 xSTEP #6) (CU. FT.) IRRIGATION EFFICIENC (8) 0,72 0,77 0.60 (STEP #4 x STEP #5) HYDROZONE WATER (9) 19,885.99 0,00 54,892.50 DEMAND(STEP #7 / STEP #8 (CU.FT.) -------------------------------------------- 75,508.00 Allowable Project Demand (Step #10) (0,083 x 0,8 x Step #1 x total of all Step #2's), 74,778.49 Total of all water demands, OB/16/02 Loop Road 01-153 DRIP ETO %ETO CU.FT, GALLONS DAYS GPM MIN/DA Y JANUARY 2.10 0,04 753,12 5,633.35 10,00 186.08 3 FEBRUARY 2.75 0.05 986.23 7,377.00 13.00 186.08 3 MARCH 3.90 0.07 1,398.65 10,461.93 18,00 186,08 3 APRIL 4.40 0.08 1,577.97 11,803.20 21.00 186,08 3 MAY 5,90 0,11 2,115.91 15,827.02 31.00 186.08 3 JUNE 7.40 0.13 2,653.86 19,850.84 30.00 186.08 4 JULY 7.60 0,14 2,725.58 20,387,35 31.00 186,08 4 AUGUST 7,00 0,13 2,510.40 18,777.82 30,00 186.08 3 SEPTEMBER 5,80 0.10 2,080.05 15,558,77 26,00 186.08 3 OCTOBER 3.90 0.07 1,398.65 10,461.93 20.00 186,08 3 NOVEMBER 2.60 0.05 932.44 6,974.62 12.00 186,08 3 DECEMBER 2,10 0,04 753,12 5,633,35 10.00 186.08 3 ------------------------ 55.45 1.00 19,885.99 CU.FT, CU.FT./GAL, 19,885.99 7.48 OB/16/02 Loop Road 01-153 LAWN ETo KC ETc PR MlM DIM MID JANUARY 2.10 0.70 1.47 1.50 59 6 10 FEBRUARY 2.7~ 0.70 1.93 1.50 77 8 10 MARCH 3.90 0.70 2.73 1.50 109 12 9 APRIL 4.40 0.70 3.08 1.50 123 13 9 MAY 5.90 0.70 4.13 1.50 165 17 10 JUNE 7.40 0.70 5.18 1.50 207 22 9 JULY 7.60 0.70 5.32 1.50 213 22 10 AUGUST 7.00 0.70 4.90 1.50 196 22 9 SEPTEMBER 5.80 0.70 4.06 1.50 162 18 9 OCTOBER 3.90 0.70 2.73 1.50 109 12 9 NOVEMBER 2.60 0.70 1.82 1.50 73 8 9 DECEMBER 2,10 0.70 1.47 1.50 59 6 10 TOTAL 55.45 NOTE: Daily run time will have to be increased during the plant establishment period. ETo Reference Evapotranspiration KC Crop Coefficient ETc Crop Evapotranspiration PR Precipitation Rate MlM Minutes per Month DIM Days per Month MID Minutes per Day 08/16/02 , , , CITY OF TEMECULA PARKLANDILANDSCAPE FAITHFUL PERFORMANCE BOND Bond No. SV 9729 Premium: $1,178.00 WHEREAS, the City of Temecula, State of California, and Harveston LLC (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain Parkland Improvements, which said Agreement, dated ~'e.f*~ '1-20D2 , and identified as Project Tract 29639-1, Harveston Drive (Loop Road) , is hereby referred to and made a part hereof; and ParkR'!Y~ W HbREAS, Principal is required under the terms of the Agreement to furnish a bond for the Faithful Performance of the Agreement; NOW, THEREFORE, we the Principal and St. Paul Fire* as surety, are held and firmly bound unto the City of Temecula, California, in the penal sum of $ 471,000.00 lawful money of the United States, for the payment of such sum well and truly to be made, 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, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his 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 therefor, 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 judgement 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 anyway affect its obligations on this bond, and it *and Marine Insurance Company '. does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or the work or to the specifications, //1 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on September 11 ,20~, ST. PAUL FIRE AND MARINE INSURANCE COMPANY SURETY HARVESTON LLC a Delaware limited liability company By: Lennar HBmes of California, Inc. its administrative member PRINCIPAL BY: a.~..!71n~ BY:-\ ~ '- Patricia H. Brebner (NAME) Attorney-in-Fact (TITLE) ThomAS RAnks (NAME) Vice President (TITLE) BY: C(.QLL)~.~ Dee Baker (NAME) Asst. Secretary (TITLE) APPROVED AS TO FORM: Peter Thorsen City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oranae On September 11, 2002 before me, S. McDonald. Notary Public, personally appeared Thomas Banks and Dee Baker, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the person or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. ~/I~/J'# i-------...,'~,.~. . @ s. Me DONALD - ~. Commission # 1260983 ~ ~ -.. .}, Notary PUblic. California ~ j' Orange County f _ _ _ _My_~m.ExpjresAp'16,2CX)4 - - - - - - OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officers Dee Baker - Asst. Secretary Thomas Banks - Vice President Lennar Homes of California, Inc, DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Performance Bond No, SV9729 Number of Pages: Two (2) Date of Document: September 11, 2002 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California Cou nty of Orange On September II 2002 DATE personally appeared Patricia H. Brebner before me, Alexis H, Bryan, Notary Public NAME, TITLE OF OFFICER - EG., "JANE DOE, NOTARY PUBLIC" NAME(S) OF SIGNER(S) ~ personally known to me - OR - 0 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/shelthey executed the same in his/herltheir authorized capacity(ies), and that by his/herllheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ALEXIS H. BRYAN ~ Commission#13~13~ ~ ~ .. Notary Public - California ~ Z Orange County My Comm. Expires Jun 1,2005 WITNESS my hand and official seal. ~p t\,~J-0 SIGNATU E OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o INDIVIDUAL o CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT o PARTNER(S) ~ o o o TlTlE(S) o LIMITED o GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTI1Y(IES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-40B7/GEEF 2/98 C 1993 NATIONAL NOTARY ASSOCIATION" B238 RemmetAve., P.O. Box 7184" Canoga Part<, CA 91309.7184 CITY OF TEMECULA Bond No. SV 9729 Premium included in charge for performance bond PARKLANDILANDSCAPE LABOR AND MATERIALS BOND WHEREAS, the City of Temecula, State of California, and Harveston LLC . (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain Parkland Improvements, which said Agreement, dated ~ t ~ <1-, 20 Eb and identified as Tract 29639-1, Harveston Project Drive (L6op Road) Parkways, is hereby referred to and made a part hereof; and WHEREAS, under the term of said Agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Temecula, to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California; and NOW, TIlEREFORE, we the principal and St. Paul Fire and* as Surety, are held and firmly bound unto the City of Temecula, California, and all contractors, subcontractors, laborers, materialmen, other persons employed in the performance of the aforesaid Agreement and referred to in Title 15 of the Civil Code, in the penal sum of $ 235,500. QQawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that Surety will pay the same in an amount not exceeding the amount set forth, As a part of the obligation secured hereby and in addition to the face amount specified therefor, 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 judgement rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 *Marine Insurance Company C:\DOCUME-I\Pbrebner\LOCAL8-l\Temp\parkland landscape labor and materials bond.doc -1- (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. If the condition of this bond is fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. 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 anyway affect its obligations on this bond, and it does hereby waive notice of any such changes, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. C:\DOClJME..IIPbrebner\LOCALS-l\Templparkland landscape labor and materials bond.doc -2- IN WTINESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on September 11 ,20~, (Seal) (Seal) ST. PAUL FIRE AND MARINE INSURANCE COMPANY SURETY By: l!k~:.;'JI./f~ HARVESTON LLC a Delaware limited liability company By: Lennar Homes of California, Inc. its administrative member PRINCIPAL BJ== ~ ---- - Patricia H. Brebner (Name) Thomas Banks (Name) Vice President Attorney-in-Fact (Title) (Title) By: t(P/J .~ Dee Baker (Name) Asst. Secretary (Title) APPROVED AS TO FORM: Peter Thorson, City Attorney C:\DOCUME-I IPbrebner\LOCALS-IITemplparkland landscape labor and materials bonddoc -3 - CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oranae On September 11, 2002 before me, S, McDonald. Notary Public, personally appeared Thomas Banks and Dee Baker, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the person or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. . ~Aa/c7 ~------------J ..,..,.,..,. S, MC DONAlD ! ~? Commission # 1260983 ~ ,,;~.. ':1;'.:t' Notary Public - California ~ ~z \"~,';'C:);V Orange.caunty r ~="" MyComm. Expires Apr16,2004 , ~~~ OPTIONAL Thaugh the data belaw is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER- SIGNER IS REPRESENTING: Corporate Officers Dee Baker - Ass!. Secretary Thomas Banks Vice President Lennar Homes of California, Inc, DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Payment Bond No. SV9729 Number of Pages: Three (3) Date of Document: September 11. 2002 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of Orange On September 11 2002 DATE personally appeared Patricia H. Brebner before me, Alexis H. Bryan, Notary Public NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" NAME(S) OF SIGNER(S) ~ personally known to me - OR - D 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. ALEXIS H. BRYAN . Commission" 130673& z ~ _.; Notary Public. Califomia ~ Z Orange County , My Comm. Expires Jun 1. 2005 WITNESS my hand and official seal. . ~-\\.~ 0 SIGNATU OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT D INDIVIDUAL D CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT D PARTNER(S) ~ D D D TlTlE(S) D LIMITED D GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 @1993NATIONALNOTARYASSOCIATION'8236RemmetAve., P.O. Box 7184 . Canoga Park, CA 91309-7184 Bond No. SV 9729 Premium included in charge for performance bond CITY OF TEMECULA P ARKLAND/LANDSCAPE WARRANTY BOND WHEREAS, the City of Temecula, State of California (hereinafter designated as "City"), and Harveston LLC (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain designated Parkland Improvements, which said Agreement, dated .st€fr~v '1 20 D2.. , and m~act 29639-1, Harveston identified as Project Drive (Loop Road) Parkways, is hereby referred to and made a part hereof; and WHEREAS, Principal is required to warranty the work done under the terms of the Agreement for a period of one (1) year following acceptance thereof by City against any defective work or labor done or defective materials furnished, in the amount of ten percent (10%) of the estimated cost of the improvements; NOW, THEREFORE, we the Principal and St. Paul Fire and* as surety, are held and firmly bound unto the City of Temecula, California, in the penal sum of $ 47,100.00 , lawful money of the United States, for the payment of such sum well and truly to be made, 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, administrators, successors, or assigns shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their true intent and meaning, and shall indemnifY and save harmless the City of Temecula, its officers, agents, and employees, aB therein stipulated; otherwise, this obligation shall be and remain in full force and effect. *Marine Insurance Company C:\DOCUME-l IPbrebnerILOCALS-1 ITemplparkland landscape Warranty Bond l,doc As a part of the obligation secured hereby and in addition to the face amount specified therefor, 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 judgement 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 anyway 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, C:\DOCUME-I IPbrebnerILOCALS-1 ITemplparkland landscape Warranty Bond I.doc IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on September 11 ,20~, (Seal) (Seal) ST. PAUL FIRE AND MARINE INSURANCE COMPANY SURETY By: /a;;~:_))?(I?~ HARVESTON LLC a Delaware limited liability company By: Lennar Homes of California, Inc. its administrative member PRIN~ By: 1 ~ "\. ~ , Patricia H. Brebner (Name) Thomas Banks (Name) Attorney-in-Fact (Title) Vice President (Title) By:--tii/ ~--'-' Dee Baker (Name) Asst. Secretary (Title) APPROVED AS TO FORM: Peter Thorson, City Attorney C:\DOCUME-l \Pbrebner\LOCALS-l ITemplparkland landscape Warranty Bond l.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oranoe On September 11, 2002 before me, S, McDonald. Notary Public, personally appeared Thomas Banks and Dee Baker, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the person or the entity upon behalf of which the persons acted, executed the instrument. ~~('Pjld l-----..-....---~ ____ s, Me DONALD i~J """OM""""" . J~'';J~t~'': NOj&~~~~C c~~~omla r ~ MyComm.8cpiresAprl6.2004 ------------ Witness my hand and official seal. OPTIONAL Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Coroorate Officers Dee Baker - Asst. Secretary Thomas Banks - Vice President Lennar Homes of California, Inc, DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Maintenance Bond No, SV9729 Number of Pages: Three (3) Date of Document: September 11. 2002 Signers (other than those named above): Patricia H, Brebner C.(LIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of Orange On September II 2002 DATE personally appeared Patricia H. Brebner before me, Alexis H, Bryan, Notary Public NAME, TITLE OF OFFICER" E.G., "JANE DOE, NOTARY PUBLIC" NAME(S) OF SIGNER(S) i:8J personally known to me - OR - 0 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. ~------------~ ALExiS H, BRYAN -~ Commission' 1306738 z ~ ..: Notary Public" California ~ j .' Orange County t _ _ _ _My:o:m~Ex~i~J:1.:...2~5 WITNESS my hand and official seal. ~ \\.~~ SIGNATURE F NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o INDIVIDUAL o CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT o PARTNER(S) i:8J o o o TITLE(S) B LIMITED GENERAL ATTORNEY-iN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 10 1993 NATIONAL NOTARY ASSOCIATION. 8236 RemmetAve., P.O. Box 7184. Canoga Park, CA 91309-7184 TheStRlul POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company U oited States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Power of Attorney No. 22775 Certificate No. 1401224 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that 81. Paul Fire and Marine Insurance Company, 81. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint James A, Schaller, Rhonda C. Abel, Jane Kepner, Nanette Marlella-Myers, Mike Parizino, Unda Enright, Jeri Apodaca, Patricia H. Brebner, Leigh McDonough and Alexis H, Bryan of the City of Costa Mesa ,State California ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the perfonnance of contracts and executing or guaranteeing bonds and undertakings required or pennitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this 4th day of October .2001 Seaboard Surety Company S1. Paul Fire and Marine Insurance Company S1. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. e @ PETER W. CARMAN, Vi" Pre,id,nl ~e,r1~ State of Maryland City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary On this 4th day of October , 2001 , before me, the undersigned officer, personally appeared Peter W Carman and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. ~t~./)~.!~ My Commission expires the 1st day of July, 2006. REBECCA EASLEY-ONOKALA, Notary Public 86203 Rev. 7-2002 Printed in U.S.A. , CITY OF TEMECULA PARKLANDILANDSCAPE FAITHFUL PERFORMANCE BOND Bond No. SV 9730 Premium: $915.00 WHEREAS, the City of Temecula, State of California, and Harveston LLC (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain Parkland Improvements, which said Agreement, dated ~~1-200Z., and identified as ProjectTract 29639-1, Date Street! Margarita Road Parkways , is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for the Faithful Performance of the Agreement; NOW, TIIEREFORE, we the Principal and St. Paul Fire* as surety, are held and firmly bound unto the City of Temecula, California, in the penal sum of $ 365,800,00 lawful money of the United States, for the payment of such sum well and truly to be made, 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, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his 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 therefor, 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 judgement 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 anyway affect its obligations on this bond, and it *and Marine Insurance Company does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or the work or to the specifications, III IN WIlNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on September 11 , 20~, ST. PAUL FIRE AND MARINE INSURANCE COMPANY SURETY BY: 12t:.~:. ),l1f3~ Patricia H. Brebner (NAME) Attorney-in-Fact (TITLE) APPROVED AS TO FORM: Peter Thorsen City Attorney HARVESTON LLC a Delaware limited liability company By: Lennar HBmes of California, Inc. its administrative member PRINCIPAL r \ .~ BY: ~ Thomas Banks (NAME) Vice President (TITLE) BY: l(k ~JA Dee Baker (NAME) Asst. Secretary (TITLE) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oranae On September 11, 2002 before me, S. McDonald. Notary Public, personally appeared Thomas Banks and Dee Baker, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the person or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. l-------..----I S. Me DONALD '< tt:fl; Commission # 126.0983 z Z f.+--ffi -e,::. <j;: Nomry PUDlIc - California ~ [2 \~';.,l~:,; Orange Couniy f ~'" MyComm.E>piresAp'16.2lXl4 -,~ ~ .' 0r'IiI' ~ .JJ. _ _ .~ffM OPTIONAL Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officers Dee Baker - Asst. Secretary Thomas Banks - Vice President Lennar Homes of California. Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Performance Bond No. SV9730 Number of Pages: Two (2) Date of Document: September 11. 2002 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of Orange On September II 2002 DATE personally appeared Patricia H. Brebner before me, Alexis H. Bryan, Notary Public NAME, TITLE OF OFFICER - E.G.. "JANE DOE, NOTARY PUBLIC" NAME(S) OF SIGNER(S) [gJ personally known to me - OR - 0 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. ~------------~ @ ALEXIS H. BRYAN ' Commission # 1306738 - z ~ --".' - Notary Public" California ~ ~. Orange County t _ ~ _ ~y:o:m~~in:J~1~2~5 WITNESS my hand and official seal. c~ 4. V~~ SIGNATURE OF OTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o INDIVIDUAL o CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TlTLE(S) 8 LIMITED GENERAL o PARTNER(S) [gJ o o o ATTORNEY-iN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTl1Y(IES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 C> 1993 NATIONAL NOTARY ASSOCIATlON. 8236 RemmetAve., P.O. Box 7184. Canoga Park, CA 91309-7184 CITY OF TEMECULA Bond No. SV 9730 Premium included in charge for performance bond PARKLAND/LANDSCAPE LABOR AND MATERIALS BOND WHEREAS, the City of Temecula, State of California, and Harveston LLC , (hereinafter designated as ''Principal'') have entered into an Agreement whereby Principal agrees to install and complete certain Parkland Improvements, which said Agreement, dated -~,.J-&lLhu '1-, 2001., and identified as Tract 29639-1 Date Stree~ Project Margarita Road Parkways, is hereby referred to and made a part hereof; and WHEREAS, under the term of said Agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond, with the City of Temecula, to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California; and NOW, THEREFORE, we the principal and St. Paul Fire and* as Surety, are held and firmly bound unto the City of Temecula, California, and all contractors, subcontractors, laborers, materialmen, other persons employed in the performance of the aforesaid Agreement and referred to in Title 15 of the Civil Code, in the penal sum of $ 182,900. o.aawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment insurance Act with respect to such work or labor, that Surety will pay the same in an amount not exceeding the amount set forth. As a part of the obligation secured hereby and in addition to the face amount specified therefor, 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 judgement rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 *Marine Insurance Company C:IDOClJME...I IPbrebnerlLOCALS-IITemp\parldand landscape labor and materials bond.doc -I. (commencing with Section 3082) ofPart 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. If the condition of this bond is fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. 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 anyway affect its obligations on this bond, and it does hereby waive notice of any such changes, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. C:\DOC1lM&- tIPbrebnerlLOCALS-IITemplparldand landscape labor and materials bond.doc -2- IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on September 11 , 2002 . (Seal) (Seal) ST. PAUL FIRE AND MARINE. INSURANCE COMPANY SURE~ By: ,.,:_)118~ HARVESTON LLC a Delaware limited liability company By: Lennar Homes of California, Inc. its administrative member PRTNC'TPAT<!- ?, ""'~ By:-.J- - ____ Patricia H. Brebner (Name) Thomas Banks (Name) Attorney-in-Fact (Title) Vice President (Title) By: {L~;,.L Dee Baker (Name) Asst. Secretary (Title) APPROVED AS TO FORM: Peter Thorson, City Attorney C:\DOCUME-I IPbrebneJ\LOCALS-l\Templparldand landscape labor and materials bonddoc -3 - CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oranae On September 11. 2002 before me, S. McDonald. Notarv Public, personally appeared Thomas Banks and Dee Baker, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the person or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. L ~M/7/d ---_-...-----_.-._-~ ..~_ s. Me DONALD 1 (Ji;~t"';. Commi;sion # 1260'183 z 3!!:-~'-'",;, '"~'4 Notary Public - California ~ Z f.,- t >A"; '. -7 Oronce County I J >..'" ~ / .... ~ <"'::'~" My Comm. "xph" Ap'16. 2lXl4 ~\~-.&,.~...",~ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officers Dee Baker - Asst. Secretary Thomas Banks Vice President Lennar Homes of California. inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Payment Bond No. SV9730 Number of Pages: Three (3) Date of Document: September 11. 2002 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of Orange On before me, Alexis H. Bryan, Notary Public NAME, TITLE OF OFFICER - E.G.. "JANE DOE, NOTARY PUBLIC" September II 2002 DATE personaily appeared Patricia H. Brebner NAME(S) OF SIGNER(S) [gJ personally known to me - OR - 0 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. ~-----------~~ ~ ALEXIS H. BRYAN _ Commission' 1306738 z ~,. Notary Public. California ~ ~ Or. nge County t _ ~ _ ~Y:O~~~ire~J,:,1.:..2~5 WITNESS my hand and official seal. A0il~ C ' SIGNATU OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o INDIVIDUAL o CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) 8 LIMITED GENERAL o PARTNER(S) [gJ o o o ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 @1993NATlONAlNOTARYASSOCIATlON.8236RemmetAve., P.O. Box 7184. Canoga Pal1<, CA 91309-7164 CITY OF TEMECULA Bond No. SV 9730 Premium incidded in charge for performance bond PARKLANDILANDSCAPE WARRANTY BOND WHEREAS, the City of Temecula, State of California (hereinafter designated as "City"), and Harveston LLC (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain designated Parkland Improvements, which said Agreement, dated~1-~"'" 1 20 6:2 . and Tract 29639-1 Date St~ identified as Project Margarita Road Parkways , is hereby referred to and made a part hereof; and WHEREAS, Principal is required to warranty the work done under the terms of the Agreement for a period of one (1) year following acceptance thereof by City against any defective work or labor done or defective materials furnished, in the amount of ten percent (10%) of the estimated cost of the improvements; NOW, THEREFORE, we the Principal and St. Paul Fire and* as surety, are held and firmly bound unto the City of Temecula, California, in the penal sum of $ 36,580.00 , lawful money of the Unip:d States, for the payment of such sum well and truly to be made, 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, administrators, successors, or assigns shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his 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. *Marine Insurance Company C:\DOCUME-IIPbrebnerILOCALS-IITemplparkland landscape Warranty Bond l.doc As a part of the obligation secured hereby and in addition to the face amount specified therefor, 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 judgement render.ed. 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 anyway 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. C:\DOCUME-I \PbrebnerILOCALS-I \Templpark1and landscape Warranty Bond I.doc , IN WITNESS WHEREOF, this ins1ntment has been duly executed by the Principal and Surety above named, on September 11 ,20~. (Seal) (Seal) ST. PAUL FIRE AND MARINE INSURANCE COMPANY SURE~ By: ~~~:-)~fi~ HARVESTON LLC a Delaware limited liability company By: Lennar Homes of California, Inc. its.administrative member JmR" (;11> ftL - ~ l - l - By: Patricia H. Brebner (Name) Thomas Banks (Name) Vice President .Attorney-in-Fact (Title) (Title) By: ~~ Dee Baker (Name) Asst. Secretary (Title) APPROVED AS TO FORM: Peter Thorson, City Attorney C:\DOCUME-I\Pbrebner\LOCAL8-1\Templparkland landscape Warranty Bond I.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oranae On September 11. 2002 before me, S. McDonald. Notarv Public, personally appeared Thomas Banks and Dee Baker, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the person or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. ~diJdhl r1t,....~...../~...pl/;;~.,..._.:lh.~..,~.C1 ::;, fvL.':: QCh:\LD 1 Cc'nr'~i,~'~'''-':!:'c ")6"98'~ ~. "', ..:f: ..}- ., '-"~"" ,~ \.- . .. z Z '5.," , 'j NO!ury Puu';c- California ~ z~ ":,,,.;:'.} Ororge County d- '.~"fi"-'-/>-/ . ~ .. t{,~"r-- {V,;,.. :.0iT1('!"\. ;:xci'-esApr16.2CXJ4 .t-".....3~...,,'-'~:......i,.''W--.,''''~'~;''~'V~~ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officers Dee Baker - Asst. Secretary Thomas Banks - Vice President Lennar Homes of California. Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Maintenance Bond No. SV9730 Number of Pages: Three (3) Date of Document: September 11. 2002 Signers (other than those named above): Patricia H. Brebner CAliFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of Orange September II 2002 DAnE personally appeared Patricia H. Brebner before me, Alexis H. Bryan, Notary Public NAME. TITLE OF OFFICER" E.G.. "JANE DOE. NOTARY PUBLIC" On NAME(S) OF SIGNER(S) 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. [gJ personally known to me - OR - 0 i------------ @ ALEXIS H. BRYAN - Commission' 1306138 ~ ~ -e: . Notary Public. Cafifomia ~ j , Orange County f , MyComm. EJcpiresJun 1, 2005' WITNESS my hand and official seal. A-lzf2 \-\- ~ C 'SIGNATURE NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o INDIVIDUAL o CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TlTLE(S) 8 LIMITED GENERAL o [gJ o o o PARTNER(S) ATTORNEY-iN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTlTY(IES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/9B C 1993 NATIONAL NOTARY ASSOCIATION' 8236 RemmetAve., P.O. Box 7184' Canoga Park, CA 91309M7184 TheStRlul POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Power of Attorney No. 22775 Cortin.ato No. 14 0 12 2 5 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that 51. Paul Fire and Marine Insurance Company, 51. Paul Guardian Insurance Company and 51. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies ''), and that the Companies do hereby make, constitute and appoint James A. Schaller, Rhonda C. Abel, Jane Kepner, Nanette Mariella-Myers, Mike Parizino, Linda Enright, Jeri Apodaca, Patricia H. Brebner, Leigh McDonough and Alexis H. Bryan of the City of Costa Mesa , State California , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed b~ law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this 4th day of October 2001 Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. e @ PETER W. CARMAN, V;ce Pm;d,,! ~e.rI~ State of Maryland City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary On this 4th day of October 2001, before me, the undersigned officer, personally appeared Peter W. Cannan and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, 51. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof, J hereunto set my hand and official seal. ~J;AA1Jg'~ My Commission expires the 1st day of July, 2006. REBECCA EASLEY-ONOKALA, Notary Public 86203 Rev. 7-2002 Printed in U.S.A. CITY OF TEMECULA PARKLANDILANDSCAPE FAITHFUL PERFORMANCE BOND Bond No. SV 9731 Premium: $771.00 WHEREAS, the City of Temecula, State of California, and Harveston LLC (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain Parkland Improvements, which said Agreement, dated Serte~ '1 2002. , and identified as Project Tract 29639-1 Date Street/ Margarita Road Medians . is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for the Faithful Performance of the Agreement; NOW, THEREFORE, we the Principal and St. Paul Fire* as surety, are held and firmly bound unto the City of Temecula, California, in the penal sum of $ 308,500.00 lawful money of the United States, for the payment of such sum well and truly to be made, 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, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his 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 therefor, 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 judgement 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 anyway affect its obligations on this bond, and it *and Marine Insurance Company does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or the work or to the specifications. III IN WIlNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on September 11 , 20...QL... ST. PAUL FIRE AND MARINE INSURANCE COMPANY SURETY HARVESTON LLC a Delaware limited liability company By: Lennar Hames of California, Inc. its administrative member PRINCIPAL BY: /J.:: ))(jj~ - ::j ~ Patricia H. Brebner (NAME) Attorney-in-Fact (TITLE) Thomas Banks (NAME) Vice President (TIlLE) BY: '(.o1.J ~ Dee Baker Asst. ~~~ry (TIlLE) APPROVED AS TO FORM: Peter Thorsen City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oranae On September 11, 2002 before me, S. McDonald, Notarv Public, personally appeared Thomas Banks and Dee Baker, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the person or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. . ~A/J/~ r ~.. .~.' ",--."...- - - -I .-n.- $. Me DGt'~ALD . "C ';r.. ft':-.! :t':;\ Commission it 1260983 z ~ ~".r:.;" ___....:;d Notary PuoHe - Caj~fomia ~ -, 1.:'" ;'" .} Orange CounTY d ~~!;.'~ t-.~y Cor11m. Expires ~.16, 2004 --'(J~~~'~~ W Qi V OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officers Dee Baker - Asst. Secretary Thomas Banks - Vice President Lennar Homes of California. Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Performance Bond No. SV9731 Number of Pages: Two (2) Date of Document: September 11, 2002 Signers (other than those named above): Patricia H. Brebner CAL1FORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of Orange On September II 2002 DAnE personally appeared Patricia H. Brebner before me, Alexis H. Bryan, Notary Public NAME, TITLE OF OFFICER - E.G., "JANE DOE. NOTARY PUBLIC" NAME(S) OF SIGNER(S) [gJ personally known to me - OR - 0 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. @ ALEXIS H. BRYAN _ t Commission' 1306738 z ~ _. Notary Public - Califomia ~ z - Orange County .. My ComO" Expires Jun 1, 2005 WITNESS my hand and official seal. ~tt.D vJ ~E OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o INDIVIDUAL o CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT o PARTNER(S) [gJ o o o TITLE(S) 8 LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 01993 NATIONAL NOTARY ASSOCIATION. 8236 RemmetAve., P.O. Box 7184. Canoga Park, CA 91309.7184 . CITY OF TEMECULA P ARKLANDILANDSCAPE LABOR AND MATERIALS BOND Bond No. SV 9731 Premium included in charge for performance bond WHEREAS, the City ofTemecula, State of California, and Harveston LLC , (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain Parkland Improvements, which said Agreement,. dated ~enk{ ~ 20~ and identified as Tract 29639-1 Date Streett Project Margarita Road Medians , is hereby referred to and made a part hereof; and WHEREAS, under the term of said Agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond. with the City of Temecula, to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California; and NOW, THEREFORE, we the principal and St. Paul Fire and'" as Surety, are held and firmly bound unto the City of Temecula, California, and all contractors, subcontractors, laborers, materialmen, other persons employed in the performance of the aforesaid Agreement and referred to in Title 15 of the Civil Code, in, the penal sum of $ 154.250. OGBwful money of the United States, for materials furnished or labor thereon ofany kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that Surety will pay the same in an amount not exceeding the amount set forth. As a part of the obligation secured hereby and in addition to the face amount specified therefor, 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 judgement rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 "'Marine Insurance Company C:\DOCUME-IIPbrebneJll.OCALS-JlTemplparldand landscape labor and materials bond.doc -1- (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. If the condition of this bond is fully perfonned, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or . addition to the tenns of the Agreement or to the work to be perfonned thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such changes, extension of time, altemtion or addition to the terms of the Agreement or to the work or to the specifications. C:IDOClJM&..l IPbrebnerlLOCALS-IITemplparldand landscape labor and materials bond. doc -2- IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on September 11 ,20~. (Seal) (Seal) ST. PAUL FIRE AND MARINE . INSURANCE COMPANY SUREI2 By: h:..:.)71iJ~ HARVESTON LLC a Delaware limited liability company By: Lennar Homes of California, Inc. its administrative member PRINCIPAL By:_I- - ~ '----- Patricia H. Brebner (Name) Thomas Banks (Name) Attorney-in-Fact (Title) Vice President (Title) By: ~&.~ Dee Baker (Name) Agst. Secretary (Title) APPROVED AS TO FORM: Peter Thorson, City Attorney C:lDOCIJME...t IPbrebnerlLOCALS-tlTemp\parkland landscape labor and materials bond.doc -3. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oranae On September 11, 2002 before me, S. McDonald, Notarv Public, personally appeared Thomas Banks and Dee Baker, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the person or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. J------------~ ~ s. Me DONALD -l;~~~~ Commission # 1260983 z ~ ;orb. :;Jl~~:t, Notary Pt;bl1c. Caiifomia ~ 2~ ~.at:'ill Orange Couniy f """""'" My Comm. Expires Ap' 16, 2lXl4 r ""~. ,A~~u OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officers Dee Baker Asst. Secretarv Thomas Banks - Vice President Lennar Homes of California. Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Payment Bond No. SV9731 Number of Pages: Three (3) Date of Document: September 11, 2002 Signers (other than those named above): Patricia H. Brebner .. CAL:iFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of Orange On before me, Alexis H. Bryan, Notary Public NAME, TiTlE OF OFFICER. E.G., "JANE DOE, NOTARY PUBLIC" September 11 2002 DATE personally appeared Patricia H. Brebner NAME(S) OF SIGNER(S) [gJ personally known to me - OR - 0 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. EXtS H. BRyAN 'I A\nissionll'306738 Z t Com Public'" Ca\ifoml3 ! -, Notal'! ~ .. Orange County 005 Z . c~ire.Jun1.2 .. MyComm.~... WITNESS my hand and official seal. ~~.~~ SIGNATUR OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o INDIVIDUAL o CORPORATE OFFiCER TITLE OR TYPE OF DOCUMENT o PARTNER(S) [gJ o o o TlTLE(S) 8 LIMITED GENERAL ATTORNEY-iN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 Cl1993 NATIONAL NOTARY ASSOCIATION. 8236 RemmetAve., P.O. Box 7184' Canoga Park, CA 91309.7184 '. CITY OF TEMECULA Bond No. SV 9731 Premium included in charge for performance bond PARKLANDILANDSCAPE WARRANTY BOND WHEREAS, the City of Temecula, State of California (hereinafter designated as "City"), and Harveston LLC (hereinafter designated as ''Principal'') have entered into an Agreement whereby Principal agrees to install and complete certain designated Parkland Improvements, which said Agreement, dated &.rl-~"" q 20 02. . and Tract 29639-1 Date Street! ~ identified as Project Margarita Road Medians . is hereby referred to and made a part hereof; and WHEREAS, Principal is required to warranty the work done under the terms of the Agreement for a period of one (I) year following acceptance thereof by City against any defective work or labor done or defective materials furnished, in the amount of ten percent (I 0%) of the estimated cost of the improvements; NOW, TIffiREFORE, we the Principal and St. Paul Fire and* as surety, are held and firmly bound unto the City of Temecula, California, in the penal sum of $ 30.850.00 , lawful money of the United States, for the payment of such sum well and truly to be made, 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, administrators, successors, or assigns shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his 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 *Marine Insurance Company C:\DOCUME-l\Pbrebner\LOCALS-I\Templparkland landscape Warranty Bond I.doc As a part of the obligation secured hereby and in addition to the face amount specified therefor, 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 judgement 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 anyway 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. C:\DOCUME-l IPbrebner\LOCALS-1 \Templparkland landscape Warranty Bond l.doc .' IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on September 11 ,20~. (Seal) (Seal) ST. PAUL FIRE AND MARINE INSURANCE COMPANY SUREM By: ~.,,:~)1I fi~ HARVESTON LLC a Delaware limited liability company By: Lennar Homes of California, Inc. its administrative member PRINCIPAL By: ---r - """"-- Patricia H. Brebner (Name) - \. Thomas Banks (Name) .Attorney-in-Fact (Title) Vice President (Title) BY:_~~)LV Dee Baker (Name) Asst. Secretary (Title) APPROVED AS TO FORM: Peter Thorson, City Attorney C:\DOCUME-i\PbrebnerILOCAL8-l\Templparkland landscape Warranty Bond i.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of OranQe On September 11, 2002 before me, S. McDonald, Notarv Public, personally appeared Thomas Banks and Dee Baker, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the person or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. ~d4~/d )-----..................-J .....,~ s. Me DONALD ~. j,~.'''~.... Commission # 1260'183 -~",,'~1;:<"\l-a . . Z ~ ~~-~; ..;':l.'.~,i.:'J Notary Public - Caiifomia ~ J \~.,t:.(:q~~/ Orar,.,ge CQu.niy d- , '''--::~..&l'-<;/ tv.yCof'lm.::\(li-c-sAtx16,2a)4 j. ,.:,,"....':,-~,...'....4.~...,_:'...''''f.j-.4t.J;-..~J,~. j; OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officers Dee Baker Asst. Secretarv Thomas Banks - Vice President Lennar Homes of California. Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Maintenance Bond No. SV9731 Number of Pages: Three (3) Date of Document: September 11, 2002 Signers (other than those named above): Patricia H. Brebner CAliFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On No. 5907 September II 2002 DATE personally appeared Patricia H. Brebner before me, Alexis H. Bryan, Notary Public NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" NAME(S) OF SIGNER(S) [gJ personally known to me - OR - 0 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. ALEJOS H. BRYAN @ Commissionj1306738 z ~ ... Notsrv p. ublic - California ~ z _. - Orange County .. My Comm &pires Jun 1,2005 WITNESS my hand and official seal. ~ \\.~A-0 SIGNATUR OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER o INDIVIDUAL o CORPORATE OFFICER o PARTNER(S) [gJ o o o TlTLE(S) 8 LIMITED GENERAL ATTORNEY-iN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTlTY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2196 Cl1993 NATIONAL NOTARY ASSOCIATION. 8236 RemmetAve., P.O. Box 7184 . Canoga Park, CA 91309-7184 11IeStRlul POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Power of Attorney No. 22775 Certificate No. 1401223 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that S1. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State oflowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies''), and that the Companies do hereby make, constitute and appoint James A. Schaller. Rhonda C. Abel, Jane Kepner, Nanette Mariella-Myers, Mike Parizino, Linda Enright, Jeri Apodaca, Patricia H. Brebner, Leigh McDonongh and Alexis H. Bryan of the City of Costa Mesa ,State California ,their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and execqting or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this 4th day of October ,2001 Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 51. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. e @ PETER W. CARMAN, Vi" Pre,id,n! -;Le.r!~ State of Maryland City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary On this 4th day of October 2001, before me, the undersigned officer, personally appeared Peter W. Carman and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, S1. Paul Fire and Marine Insurance Company, S1. Paul Guardian Insurance Company, S1. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. My Commission expires the 1st day of July, 2006. ~~~.~ In Witness Whereof, I hereunto set my hand and official seal. REBECCA EASLEY-ONOKALA, Notary Public 86203 Rev. 7.2002 Printed in U.S.A. ITEM 4 APPROVAL CITY ATTORNEY DIRECTOR OF FINA CITY MANAGER TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA FROM: General Manager/Board of Directors Herman Parker, Director of Community service~ September 17, 2002 TO: DATE: SUBJECT: Award of Construction Contract Project No. PW02-01 CSD, Children's Museum Building Shell Improvements PREPARED BY: killiam G. Hughes, Director of Public Works/City Engineer Brian Guillot, Assistant Engineer - Capital Projects RECOMMENDATION: That the Board of Directors: 1. Award a construction contract to R.E. Fleming Construction, Inc., of Hesperia, California for the Children's Museum Building Shell Improvements, Project No. PW02-01CSD, in the amount of $347,881.00; and, authorize the President to execute the contract. 2. Authorize the General Manager to approve change orders not to exceed the contingency amount of $52,182.15, which is equal to 15% of the contract amount. BACKGROUND: On March 26, 2002, the Board of Directors approved the Construction Plans and Specifications and authorized the Department of Public Works to solicit construction bids for the Children's Museum Building Shell Improvements, Project No. PW02-01 CSD. On December 12, 2000, the Board of Directors awarded a contract to Sparks Exhibits and Environments to design the conceptual master plan for the Imagination Workshop, Temecula Children's Museum. A committee consisting of Mayor Jeff Comerchero, Mayor Pro Tem Ron Roberts, Commissioner Jack Henz, educational staff, and TCSD staff worked with the consultant to design the facility. Through a series of community workshops and several sub-committee meetings the master plan was developed and forwarded to the Board of Directors for approval. On March 26, 2002, the Board of Directors approved the master plan and Amendment No. 2 to the Sparks agreement, which authorized the construction and installation of the interior exhibits. The subject construction contract provides for major modifications to the existing building interior and exterior, which are not a part of the Sparks agreement. The improvements consist of modifications to the architecture of the building, structural modifications, mechanical, electrical, and plumbing system modifications. The work includes the replacement of the roof and certain offsite improvements such as removal and replacement of the drive approach. Two (2) bids for the project were publicly opened on September 5, 2002. The results of the bids are as follows: 1. R.E. Fleming Construction, Inc. ................................................................$347,881.00 2. Amelco Construction ................................................................................. $490,418.40 R:\AGENDA REPORTS\2002\091702\PW02.01.AWARD.DOC R.E. Fleming Construction, Inc. has extensive experience in constructing general building improvements. They have successfully completed similar projects for the County of Riverside, Desert Sands Unified School District, and the Snowline Joint Unified School District. The construction period for this project is 40 working days. Work is expected to begin in October 2002 and be completed in December 2002. A copy of the bid summary is available for review in the office of the Director of Public Works. The engineer's estimate was $354,900.00. FISCAL IMPACT: The Children's Museum Building Shell Improvements is a Capital Improvement Project funded through Capital Project Reserves, Proposition 12 (State Urban Centers/Education Grant) and the Redevelopment Agency. The total project cost is $400,063.15, which includes the contract amount of $347,881.00 plus a 15% contingency in the amount of $52,182.15. Adequate funds are available for this project in Account No. 210-190-165-5804. ATTACHMENTS: 1. Project Location 2. Project Description 3. Contract R\AGENDA REPORTS\2002\091702IPW02-01.AWARD.DOC ~ en ~ ~ en <to.."" ~ ~ " ~ @ ~ ~ % ~ ~ J 0 t:: 2i 0 ~ 0 u ~ c ~ '-l a <i b ;:: - ~ ~ - :-: ~ "S ... z~ l>-o ~ .:- ,,0 o plJp,S"l: """",,,"0 0"",,, '" - - 1=1 ~ o ~ j:l.., ~ ~ ~ ~ ~ ~ u ~ ~ b ~ ~ 00 z [:2 ~ U q; ., 1= .... <J .. .~ o .. j:l.., 8 ::s <> '" ~ '" "" ~ ::9 :E U - o <8 <> lil ::s <:r '" o o '" .-: oS t) E '" " <> 0 il~ <.> 8 ~ 6b oS ._ ~ '" " <> _0 q; """ ;"0 f-c'l:l .... "" f;l'S:: .~ ... o '" .. '" j:l..,~ ~ '0 <fl ~ <> '" ~ '" ~ :E U oS ... o " .9 - ~ " o <.> "0 8 6b 'V; <> "0 <> '" -oS <> <> <'>"0 .~ ~ 00 .S p- .~ .~ - 8 3 8"5' o .... Up.. .;.: ... '" :; '0' " .. ",p.. €'o .. 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N '" E o 0 Ol~ 000 00'" 00 00" 0\ ....00\ O\MO\ - '" ~ tJ " o .~ <J ::s .", ~ .... <> 1:: o <> o U ~ 8 ~ en of ~ "'~~<.> :::~~~ tn fI) iX1 bD o Q)....._<( u~~..... ..... 1) N = C1) Q)_ Q) Z'O''' 8 o '"'" 0 0.. o ~ '.0 .9 0_0- co oO$cg> -.::t '~e~ ",Up..JX: - <> <2l ... o C> S:! - '" o U g ~ ;,; .... '" o r.; U"O ~ = ol$"" 0'0 f '" ::s ~ .. ::s ::s 0 ""'" TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW02-01CSD CHILDREN'S MUSEUM BUILDING SHELL IMPROVEMENTS THIS CONTRACT, made and entered into the 17th day of September, 2002, by and between the Temecula Community Services District of the City of Temecula, a municipal corporation, hereinafter referred to as "DISTRICT", and R.E. Fleming Construction, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That DISTRICT and CONTRACTOR, for the consideration hereinafter named, rlJutually agree as follows: 1.a. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Perfonmance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW02-01CSD, CHILDREN'S MUSEUM BUILDING SHELL IMPROVEMENTS, Insurance Fonms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (1992 Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Associated General Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW02-01CSD, CHILDREN'S MUSEUM BUILDING SHELL IMPROVEMENTS. 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 PROJECT NO. PW02-01CSD, CHILDREN'S MUSEUM BUILDING SHELL IMPROVEMENTS. 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 CONTRACT CA-1 R:\CIP\PROJECTS\PWD2I.PW02.Q1 Child Museum\PS&E\Conlractdol 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 Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between.this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: . PROJECT NO. PW02-01CSD, CHILDREN'S MUSEUM BUILDING SHELL IMPROVEMENTS 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. 3. 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. 4. CONTRACT AMOUNT AND SCHDULE. The DISTRICT agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: THREE HUNDRED FORTY SEVEN THOUSAND EIGHT HUNDRED EIGHTY ONE DOLLARS and NO CENTS ($347,881.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed forty (40) working days, commencing with delivery of a Notice to Proceed by DISTRICT. Construction shall not commence until bonds and insurance are approved by DISTRICT. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS LUMP SUM BID SCEHDULE: A. Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer 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 City Engineer may require. This schedule. as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. UNIT PRICE BID SCHEDULE: CONTRACT CA-2 R:\CIPlPROJECTS\PWQ2\PW02-01 Child MuselaTl1\PS&E'IContactdot B. 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. C. 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. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. 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. The District hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to DISTRICT the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by DISTRICT. CONTRACTOR is required to promptly notify DISTRICT of any such delay. 8. 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. 9. 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 CONTRACT CA-3 R:\CIP\PROJECTS\PW02lPW02-Cll Ctulll Museum\PS&BCootract.dot craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet Web Site at http://www.dir.ca.gov. 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, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. 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 (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the DISTRICT. The CONTRACTOR shall indemnify and be responsible for reimbursing the DISTRICT for any and all costs incurred by the DISTRICT 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. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of 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. 13. CONFLICT OF INTEREST. CONTRACTOR 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. 14. 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. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely CONTRACT CA-4 R:\ClP\PROJECTS\PW{)2\PW02.Ql Child MusellTl\PS&E\Contractdot performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. 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. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. 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 convenants 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 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. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. CONTRACT CA-5 R:\CIP\PROJECTSIPW02\PWONJ1 Child Musellll\PS&BContractdot 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: William G. Hughes Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Street Address: William G. Hughes Director of Public Works/City Engineer City of Temecula 43200 Business Park Drive Temecula, CA 92590 CONTRACT CA-6 R;\ClP\PROJECTS\PWD2\PWOZ-Q1 ChDd MusellnlPS&E\Con\racttlot IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR R.E. Fleming Construction, Inc. 15415 Bear Valley Hesperia, CA 92345 Phone (760) 949-1781 By: Donna Fleming, President DATED: CITY OF TEMECULA COMMUNITY SERVICES DISTRICT By: Jeffrey E. Stone, President APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk CONTRACT CA-? R;\CIPlPROJECTS\PW02\PW02-01 Child Museumll'S&E\Conlract.dot ITEM 5 APPROVAL CITY ATTORNEY DIR.OF FINANCE ~ CITY MANAGER I TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: FROM: General Manager/Board of Directors Genie Roberts, Director of Financef September 17, 2002 DATE: SUBJECT: Financial Statements for the Fiscal Year Ended June 30, 2002 PREPARED BY: Karen Jester, Assistant Finance Direct RECOMMENDATION: That the Board of Directors receive and file the Financial Statements for the Fiscal Year ended June 30, 2002. DISCUSSION: The attached financial statements reflect the unaudited activity of the Community Services District for the Fiscal Year ended June 30, 2002. See the attached Financial Statements for an analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheet as of June 30, 2002 Statement of Revenues, Expenditures and Changes in Fund Balance for the Fiscal Year Ended June 30, 2002 TEMECULA COMMUNITY SERVICES DISTRICT Combining Balance Sheet as of June 30, 2002 and the Statement of Revenues, Expenditures and Changes in Fund Balance For The Fiscal Year Ended June 30, 2002 (Unaudited) Prepared by the Finance Department T emecula Community Services District Combining Balance Sheet As of JWle 30, 2002 Parks & Service Service Service Recreation Level A Level B Level C Assets: Cash and investments $ 1,457,752 $ 57,783 $ 433,417 Receivables 54,442 9,866 31,166 Due from other funds 17,433 T ota! assets $ 1,529,627 $ $ 67,649 $ 464,583 Liabilities and fWld balances: Liabilities: Other current liabilities $ 351,437 $ 144 $ 113,527 351,437 144 113,527 FWld balances: Reserved Designated 1,178,190 67,505 351,056 T ota! fund balances 1,178,190 67,505 351,056 T ota!liabilities and fWld balances $ 1,529,627 $ $ 67,649 $ 464,583 Please note that these balances are unaudited 2 Temecula Community Services District Combining Balance Sheet As of June 30, 2002 Service Service Debt Level D Level R Service Total Assets: Cash and investments $ 1,551,485 $ 24,514 $ 2,695,564 $ 6,220,515 Receivables 73,802 919 27,033 197,228 Due from other funds 17,433 Total assets $ 1,625,287 $ 25,433 $ 2,722,597 $ 6,435,176 Liabilities and fund balances: Liabilities: Other current liabilities $ 1,521,687 $ 1,986,795 1,521,687 1,986,795 Fund balances: Reserved 2,722,597 2,722,597 Designated 103,600 25,433 1,725,784 Total fuod balances 103,600 25,433 2,722,597 4,448,381 Total liabilities and fund balances $ 1,625,287 $ 25,433 $ 2,722,597 $ 6,435,176 Please note that these balances are unaudited 3 T emecula Community Services District Citywide Operations Statement of Revenues, Expenditures and Changes in FIDld Balance - Budget and Actual For the Fiscal Year Ended JIDle 30, 2002 Annual Amended Y1D Total Percent Budget Activity Encumbr. Activity of Budget Revenues: Special tax $ 2,626,000 $ 2,505,301 $ 2,505,301 95% (1) TCSD admin fee creditl"REST" 2,117,000 2,117,000 2,117,000 100% Recreation programs 515,000 606,168 606,168 118% Investment interest 40,000 21,522 21,522 54% Miscellaneous 266,000 130,9] 9 130,919 49% Operating transfer in Total Revenues 5,564,000 5,380,910 5,380,910 97% Expenditures: Parks, medians and arterial street lighting 3,6]8,240 3,320,543 $ 26,922 3,347,465 93% Seniors 160,53] ]55,083 1,900 ]56,983 98% Community Recreation Center (CRC) 426,830 395,354 395,354 93% Recreation programs 440,885 368,2] 9 11 ,458 379,677 86% Temecula Community Center (TCC) 137,850 111,768 6,000 117,768 85% Museum 173,550 ]42,681 6,484 149,165 86% Aquatics 384,24 ] 278,703 3,490 282,193 73% Sports 170,920 ]27,403 ]27,403 75% Children's Museum 38,000 16,315 ],100 ]7,415 46% Operating transfers out 430,000 429,386 429,386 100% Total Expenditures 5,981,047 5,345,455 $ 57,354 $ 5,402,809 90% Revenues Over/(Under) Expenditures (417,047) 35,455 Beginning FIDld Balance, July], 2001 1,]42,735 1,]42,735 Ending FIDld Balance. JIDle 30, 2002 $ 725,688 $ 1,178,] 90 (1) Revenues are accrued on an availability basis. Final payment of revenues does not occur until October 2002 and does not meet the availability criteria. 4 T emecula Conununity Services District Service Level B Residential Street Lights Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Fiscal Year Ended June 30, 2002 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget Revenues: Assessments $ 420,000 $ 410,829 $ 410,829 98% (2) Investment interest 2,000 667 667 33% Street lighting fees 106,000 12,210 12,210 12% (1) Miscellaneous 12,000 0 0% Total Revenues 540,000 423,706 423,706 78% Expenditures: Salaries & wages 3,370 2,929 2,929 87% Street lighting 596,100 451,718 451,718 76% (2) Miscellaneous 20,000 7,895 7,895 39% Total Expenditures 619,470 462,542 462,542 75% Revenues Over/(Under) Expenditures (79,470) (38,836) Beginning Fund Balance, July I, 2001 106,341. 106,341 Ending Fund Balance, June 30,2002 $ 26,871 $ 67,505 (I) The variance in Street lighting fees is due to no CSA 143, allocation was not calculated in time for FYOlI02. Amount rebudgeted for FY 02103. (2) Revenues are accrued on an availability basis. Final payment of revenues does not occur until October 2002 and does not meet the availability criteria. However, street lighting payments are due irrespective of when assessment revenue is received. 5 T emecula Community Services District Service Level C Perimeter Landscaping and Slope Maintenance Statement of Revenues, Expenditures and Changes in Food Balance - Budget and Actual For the Fiscal Year Ended Jooe 30, 2002 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget Revenues: Assessments $ 985,000 $ 962,076 $ 962,076 98% (2) Investment interest 20,000 7,608 7,608 38% Plan check and inspections 40,000 6,757 6,757 17% Miscellaneous 12,000 0 0% Total Revenues 1,057,000 976,441 976,441 92% Expenditures: Salaries and wages 184,880 141,210 141,210 76% Landscape maintenance and rehab 630,000 581,270 9,852 591,122 94% Utilities 260,000 202,677 202,677 78% Other expenditures 126,500 56,983 56,983 45% (I) Total Expenditures 1,201,380 982,140 9,852 991,992 83% Revenues Over/(Under) Expenditures (144,380) (5,699) Beginning Fund Balance, July 1,2001 356,755 356,755 Ending Food Balance, Jooe 30, 2002 $ 212,375 $ 351,056 Notes: (I) The variance is primarily due to lower than anticipated slope repair and maintenance costs, consulting services and election costs being incurred. (2) Revenues are accrued on an availability basis. Final payment ofrevenues does not occur until October 2002 and does not meet the availability criteria. 6 T emecula Community Services District Service Level D Refuse Collection, Recycling and Street Sweeping Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Fiscal Year Ended JundO, 2002 AIUlUal Amended Y1D Tota! Percent Budget Activity Encwnbr. Activity of Budget Revenues: Assessments $ 3,030,000 $ 2,958,472 $ 2,958,472 98% (1) Grants 15,000 15,471 15,471 ]03% Investment interest 20,000 8,571 8,571 43% Miscellaneous 5,000 22,619 22,619 452% Total Revenues 3,070,000 3,005,133 3,005,133 98% Expenditures: Salaries and wages 26,240 24,927 24,927 95% Refuse hauling 3,030,330 3,031,016 3,031,016 100% (1) Other expenditures 37,740 35,406 $ 35,406 94% Tota! Expenditures 3,094,310 3,091,349 0 3,091,349 100% Revenues Over/(Under) Expenditures (24,310) (86,216) Begiruting Fund Balance, July I, 2001 189,816 189,816 Ending Fund Balance, June 30, 2002 $ 165,506 $ 103,600 (1) Revenues are accrued on an availability basis. Final pa)TI1ent of revenues does not occur until October 2002 and does not meet the availability criteria. However, refuse hauling payments are due in June or July each year irrespective of when assessment revenue is received. TIris causes the 2% difference between revenues and corresponding expenditures. 7 Temecula Community Services District Service Level R Streets and Roads Statement of Revenues, Expenditures and Changes in Fwd Balance - Budget and Actual For the Fiscal Year Ended Jwe 30, 2002 Annual Amended YID Total Percent Budget Activity Encumbr. Activity of Budget Revenues: Assessments $ 12,000 $ 11,453 $ 11.453 95% (1) Investment interest 1,000 592 592 59% Total Revenues 13,000 12,045 12,045 93% Expenditures: Emergency street maintenance 17,080 4,800 $ 4,800 28% Other expenditmes 80 48 48 60% Total Expenditures 17,160 4,848 0 4,848 28% Revenues Over/(Under) Expenditures (4,160) 7,197 Beginning Fwd Balance, July 1, 2001 18,236 18,236 Ending Fwd Balance, Jwe 30,2002 $ 14,076 $ 25,433 (1) Revenues are accrued on an availability basis. Final payment of revenues does not occur wtil October 2002 and does not meet the availability criteria. 8 Temecula Community Services District Debt Service Fund Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Fiscal Year Ended June 30, 2002 Annual Amended Total Percent Budget Activity of Budget Revenues: Operating transfers in $ 430,000 $ 429,386 100% Investment interest 35,000 56,731 162% Bond Procees 6,454,000 6,454,313 100% Total Revenues 6,919,000 6,940,430 Expenditures: Debt service - principal 225,000 225,000 100% Debt service - interest 215,500 216,350 100% Bond Costs 275,680 274,415 100% Payment to escrow agent 4,008,720 4,008,254 100% Other expenditures 6,300 5,430 86% Operating transfers out 700,000 0% (I) Total Expenditures 5,431,200 4,729,449 87% Revenues Over/(Under) Expenditures 1,487,800 2,210,981 Beginning Fund Balance, July 1,2001 511,616 511,616 Ending Fund Balance, June 30, 2002 $ 1,999,416 $ 2,722,597 (I) The variance in operating transfers out is due to the timing of when CFD Bond funded project(s) (Sports Complex) are started and costs are incurred. Sports Complex is also funded by DIF - Parks/Rec ($319K in the current year). 9 REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY August 27, 2002 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:33 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Naggar, Pratt, Roberts, Stone Comerchero ABSENT: o 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 August 13, 2002. MOTION: Agency Member Stone moved to approve Consent Calendar Item NO.1. The motion was seconded by Agency Member Naggar and voice vote reflected unanimous approval. EXECUTIVE DIRECTOR'S REPORT No comment. AGENCY MEMBERS' REPORTS No comments. R:\Minutes.rda\081302 ADJOURNMENT At 7:33 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, September 17, 2002, in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:\Minutes.rda\081302 2 ITEM 2 APPROVAL CITY A TIORNEY DIR.OF FINANCE ~ CITY MANAGER__ TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT DATE: Executive Director/Redevelopment Agency Members Genie Roberts, Director of Fin~nc~ September 17, 2002 TO: FROM: SUBJECT: Financial Statements for the Fiscal Year Ended June 30, 2002 PREPARED BY: Karen Jester, Assistant Finance Direc~ RECOMMENDATION: That the Agency Members: 1. Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2002; 2. Increase the Debt Service bond proceeds revenue estimate by $23,586,600; 3. Increase the Debt Service Fund appropriation for refunding bonds by $12,044,100; 4. Increase the Debt Service Fund appropriation for cost of issuance by $997,300. DISCUSSION: The attached financial statements reflect the unaudited activity ofthe Redevelopment Agency for the Fiscal Year ended June 30, 2002. See the attached Financial Statements for an analytical review of financial activity. The increase in the revenue and expenditures is primarily due to the refinance of the Tax Allocation Bonds (TAB). The 1993 TABs were refinanced and the life of the bonds was extended in May 2002, which resulted in additional bond proceeds and costs of issuance. FISCAL IMPACT: None. ATTACHMENTS: Combining Balance Sheet as of June 30, 2002 Statement of Revenues, Expenditures and Changes in Fund Balance for the Fiscal Year Ended June 30, 2002 TEMECULA REDEVELOPMENT AGENCY Combining Balance Sheet as of June 30, 2002 and the Statement of Revenues, Expenditures and Changes in Fund Balance For The Fiscal Year Ended June 30, 2002 (Unaudited) Prepared by the Finance Department CITY OF TEMECULA FINANCE DEPARTMENT MEMORANDUM TO: Agency Members FROM: Genie Roberts, Director of Finance ~ DATE: September 16, 2002 SUBJECT: Replacement pages for attachments Attached please find replacement pages for Redevelopment Agency consent calendar item #2. The originally submitted pages reflected the amended budget figures prior to the Agency Member approval. Please contact me if you need additional clarification. R:\ROBERTSGIMEMOSIFINANCIALS63002RDASUPPLEMENTAL.DOC 9/16/02 T emecula Redevelopment Agency Combining Balance Sheet As of June 30,2002 LowlMod Redevelopment Debt Fund Fund Service Total Assets: Cash and investments $ 6,981,580 $ ],376,117 $ ]8,]73,93] $ 26,53],628 Receivables 1,606,431 330,297 ]42,679 2,079,407 Land held for resale 2,103,053 2,103,053 Total assets $ 8,588,011 $ 3,809,467 $ 18,316,610 $ 30,714,088 Liabilities and fund balances: Liabilities: Other current liabilities $ 32,948 $ 407,439 $ 6,001,250 $ 6,441,637 Deferred revenue 943,704 ] 57,059 ],100,763 T otalliabilities 976,652 564,498 6,001,250 7,542,400 Fund balances: Reserved 7,611,359 $ 12,315,360 ] 9,926,719 Designated 3,244,969 3,244,969 Total flmd balances 7,611,359 3,244,969 12,315,360 23,171,688 Total liabilities and fund balances $ 8,588,011 $ 3,809,467 $ 18,316,610 $ 30,714,088 Please note that these balances are unaudited City of Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Food Balance - Budget and Actual Redevelopment Agency Low/Moderate Income Housing For the Fiscal Year Ended Jooe 30, 2002 Annual Amended YTD Total Percent Budget Activity Encwnbr. Activity of Budget Revenues: Property tax increment $ 2,084,234 $ 2,125,311 $ 2,125,311 102% (I) Investment interest 165,000 205,108 205,108 124% Rental income 30,000 40,706 40,706 136% Miscellaneous 7,000 254,078 254,078 3630% (4) Total Revenues 2,286,234 2,625,203 2,625,203 115% Expenditures: Salaries and wages 196,310 182,404 182,404 93% Operating and administrative expenditures 297,953 231,043 231,043 78% (2) COooty Admin Fees 32,475 32,475 (5) Hornebuyer programs 200,000 120 120 0% Residential rehabilitation programs 1,086,664 233,975 45,756 279,731 26% Housing development & acquisition 3,963,451 28,331 26,511 54,842 ]% (3) Affordable housing I future obligation 1,407,000 1,101,512 1,101,512 78% Total Expenditures 7,151,378 1,809,860 72,267 1,882,127 26% Revenues Over/CUncler) Expenditures (4,865,144) 815,343 Beginning Food Balance, July 1, 2001 6,796,016 6,796,016 Ending Food Balance, Jooe 30, 2002 $ 1,930,872 $ 7,611,359 Notes: (1) Property tax increment revenue is received in January and May each fiscal year. (2) The variance in operating and administrative expenditures is primarily due to lower than anticipated consulting costs and other outside services being incurred. (3) Minimal costs have been incurred to date on the Senior Housing and Northwest Housing and Pujol Neighborhood projects. (4) There were $235K First Time Homebuyer forgiveable loans made during the year. (5) This is 20% portion OfCOOOty Admin Fees. The full amooot is budgeted in RDA CIP Food. 2 City of T emecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Redevelopment Agency- Redevelopment For the Fiscal Year Ended June 30, 2002 Annual Amended YfD Total Percent Budget Activity Encumbr. Activity of Budget Revenues: Investment interest $ 30,000 $ 37,519 $ 37,519 125% (I) Rental income 180,000 180,000 180,000 100% Loan interest 14,000 12,384 12,384 88% Reimbursements 125,682 125,682 125,682 100% Operating transfers in 1,020,375 808,000 808,000 79% (3) Miscellaneous 6,702 6,702 Total Revenues 1,370,057 1,170,287 1,170,287 85% Capital Projects (4): Public Restrooms Adjacent to O.T. 1,223 127 127 10% First Street bridge 289,347 222,414 $ 69,617 292,031 101% General Contractor 21,617 OT S. Gateway Landscape 50,000 4,818 6,072 10,890 22% Old Town central parking lot Operations and Maintenance: Salaries and wages 80,040 76,826 76,826 96% Operating and administrative expenditures 446,182 260,567 3,308 263,875 59% (3) Owner participation agreements 300,000 300,000 300,000 100% Old Town plan implementation 105,980 84,277 84,277 80% Old Town development incentives 200,000 (2) Old Town building facades 140,545 115,674 19,301 134,975 96% Total Expenditures 1,634,934 1,064,703 98,298 1,163,001 71% Revenues Over/(Under) Expenditures (264,877) 105,584 BegilU1ing Fund Balance, July 1, 2001 3,139,385 3,139,385 Ending Fund Balance, June 30, 2002 $ 2,874,508 $ 3,244,969 Notes: (1) The variance in investment interest is due to higher than anticipated cash balances being maintained during the fiscal year. (2) No costs have yet been incwred for providing development incentives in Old Town. (3) Budget includes County Admin Fees and a corresponding Transfer In from RDA Debt Service. County Admin Fees were recorded in RDA Debt Service and Low/Mod Housing Funds (80%/20%). 3 City of Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Redevelopment Agency - Debt Service For the Fiscal Year Ended June 30, 2002 Annual Amended YTD Percent Budget Activity of Budget Revenues: Property tax increment $ 8,336,940 $ 8,501,242 102% (1) Investment interest 150,000 288,085 192% Advances from other funds 72,932 (6) Bond Proceeds 4,300,000 27,886,585 649% (3) Total Revenues 12,786,940 36,748,844 287% Expenditures: Passthrough agreements 5,715,830 11,004,008 193% (2) County Admin Fees 129,899 (5) Debt service w principal 990,000 765,000 77% Debt service - interest 682,140 755,072 111% Bond Costs 997,217 (3) Payment to escrow agent 12,044,032 (4) Miscellaneous 7,500 7,498 100% Operating transfers out 2,808,055 1,508,000 54% Total Expenditures 10,203,525 27,210,726 267% Revenues Over/(Under) Expenditures 2,583,415 9,538,118 Beginning Fund Balance, July 1,2001 2,777,242 2,777,242 Ending Fund Balance, June 30,2002 $ 5,360,657 $ 12,315,360 Notes: (I) Property tax increment revenue is received in January and May each fiscal year. (2) The variance in the passthrough agreements expenditure is due to a renegotiation of the county's passthrough agreement. (3) New bonds were issued in FYOI/02. (4) Old honds were defeased in FYOl/02. (5) This is 80% portion of County Admin Fees. The full amount is budgeted in RDA C1P Fund. (6) The advance was not budgeted as it was anticipated the advance would be fully repaid during FYOl/02. 4 TEMECULA PUBLIC FINANCING AUTHORITY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUGUST 13, 2002 A regular meeting of the City of Temecula Public Financing Authority was called to order at 7:39 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 5 BOARD MEMBERS: Comerchero, Naggar, Pratt, Stone, and Roberts ABSENT: o BOARD 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 April 9, 2002; MOTION: Board Member Stone moved to approve Consent Calendar Item NO.1. The motion was seconded by Board Member Naggar and voice vote reflected unanimous approval. AUTHORITY BUSINESS 2 Issuance of Bonds for Temecula Public Financinq Authoritv Community Facilities District No. 01-2 (Harveston) RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 02-07 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF SPECIAL TAX BONDS OF THE TEMECULA PUBLIC FINANCING AUTHORITY FOR TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 01-2 (HARVESTON), APPROVING AND DIRECTING THE EXECUTION OF AN INDENTURE OF TRUST AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS R:m in utes. tpfa\040902 Finance Director Roberts reviewed the staff report (of record). MOTION: Board Member Comerchero moved to approve staff recommendation. The motion was seconded by Board Member Stone and voice vote reflected unanimous approval. EXECUTIVE DIRECTOR'S REPORT Executive Director Nelson noted that the $5 million improvements will be constructed on Winchester Road and completed prior to the issuance of a building permit for the Harveston Development. BOARD OF DIRECTORS' REPORTS Board Member Stone clarified that through this bonding, the City will not be jeopardizing the City Treasury but that it will provide the infrastructure which will be a benefit to the entire community. ADJOURNMENT At 7:42 P.M., the Temecula Public Financing Authority meeting was formally adjourned. Ron Roberts, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:min utes. tpfa\040902 2 ITEM 2 APPROVAL CITY ATTORNEY DIRECTOR OF FI~ CITY MANAGER /'k) . /f CITY OF TEMECULA and TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: City Council/temecula Public Financing Authority FROM: City Manager/Executive Director DATE: September 17,2002 SUBJECT: Initial Actions Relating to Formation of Community Facilities District for Crown Hill RECOMMENDATION: 1. That the City Council adopt the resolution entitled: RESOLUTION NO. 02-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING DEPOSIT/REIMBURSEMENT AGREEMENT 2. That the Authority adopt the resolution entitled: RESOLUTION NO. TPFA 02- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE TO THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO BACKGROUND: Lennar Homes of California, Inc. (the "Developer") has requested that a community facilities district be formed to assist in the financing of publiC improvements in the Crown Hill area. The City and the Redevelopment Agency created the Authority, by execution of a joint exercise of powers agreement, to provide an independent governmental entity that could consider the proposed community facilities district financings and act as the issuer of any related bonds. It is expected that the Authority will consider the adoption of a resolution related to the formation of a community facilities district. The CFD will only include land owned or controlled by the Developer or other properties owners that consent to be included in the CFD. The Developer has requested that the CFD issue bonds to finance certain public improvements so that development of the land can proceed. The Developer has agreed to pay all City and Authority costs related to the proposed CFD formation and bond issue, and a deposiUreimbursement agreement has been prepared with respect thereto. The bonds would be payable solely from special taxes levied on land in the CFD and collected by the Authority. SPECIFIC ACTIONS: In order to begin the process to consider the formation of the community facilities district and the issuance of the bonds, the City Council will consider adoption of a resolution approving a deposiUreimbursement agreement, and the Authority will then consider adoption of a resolution accepting the Developer's deposit, approving a deposiUreimbursement agreement with the City and the Developer and engaging professionals to assist the City and the Authority in forming the CFD and issuing bonds of the Authority for the CFD. FISCAL IMPACT: The Developer has agreed to pay all out of pocket expenses incurred relative to the proposed CFD formation. Costs of issuance of the proposed bond issue will be paid from the proceeds of the bonds to be issued by the Authority. All annual costs of administering the bond issued will be paid by special taxes levied on the properties in the community facilities district. Any CFD bonds will not be obligations of the City, but will be limited obligations of the Authority, payable solely fFem special taxes levied on land in the community facilities district. Attachments: Resolutions (2) DeposiUReimbursement Agreement DEPOSIT/REIMBURSEMENT AGREEMENT Temecula Public Financing Authority Community Facilities District No. 03-1 (Crown Hill) THIS DEPOSIT/REIMBURSEMENT AGREEMENT (the "Agreement") is by and among the City of Temecula (the "City"), the Temecula Public Financing Authority (the "Authority") for itself and on behalf of the proposed Temecula Public Financing Authority Community Facilities District No. 03-1 (Crown Hill) (the "CFD"), and Lennar Homes of California, Inc. (the "Developer"). RECITALS: WHEREAS, the Developer has requested that the Authority consider the issuance of bonds for the CFD (the "Bonds") under Sections 53311 et seq. of the California Government Code (the "Act"); and WHEREAS, the Developer is willing to deposit funds with the City to ensure payment of the costs of the Authority and the City in forming the Authority and otherwise in connection with the issuance of bonds for the CFD and the proposed expenditure of the proceeds thereof, provided that such funds so advanced are reimbursed to the Developer from the proceeds of any bonds issued by the Authority for the CFD to the extent provided herein; and WHEREAS, the Authority and the Developer now desire to specify the terms of said deposit and reimbursement. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set forth herein, and for other consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. The Deposit: Additional Advances. The Developer is, concurrently with its execution of this Agreement, delivering to the City's Finance Director $120,000.00 (the "Deposit"), to be used by the City to pay the costs in conducting proceedings for the issuance of bonds for the CFD (as more fully described in Section 2(a) below, the "Initial Costs"), said amount being in the form of a check made payable to the "City of Temecula." The City, by its execution hereof, acknowledges receipt by the City of the Deposit. The check representing the Deposit will be cashed by the City, and the Deposit may be commingled with other funds of the City for purposes of investment and safekeeping, but the City shall at all times maintain records as to the expenditure of the Deposit. The Developer hereby agrees to advance any additional amounts necessary to pay any Initial Costs incurred by the City or the Authority, in excess of the amount of the Deposit, promptly upon written demand therefore by the Finance Director of the City; provided that the amount of the Deposit, plus any such additional amounts (th~ "Additional Deposits" and, collectively with the Deposit, the "Deposits"), shall not exceed $200,000 without the prior written consent of the Developer. Notwithstanding the foregoing, the City Manager may direct City and Authority staff and consultants to cease all work related to the issuance of the Bonds and/or the formation of the Authority and the CFD until any additional amounts so demanded has been received by the City. Section 2. Use of Funds. The Deposits shall be administered as follows: (a) The Finance Director of the City may draw upon the Deposits from time to time to pay the Initial Costs, including but not limited to: (i) the fees and expenses of any consultants to the City or the Authority employed in connection with the issuance of the Bonds and the proposed expenditure of the proceeds thereof (such as engineering, legal counsel, including the City Attorney, Bond Counsel and financing and special tax consultants); (ii) the costs of appraisals, market absorption and feasibility studies and other reports necessary or deemed advisable by City staff or consultants in connection with the Bonds; (iii) costs of publication of notices, preparation and mailing of ballots and other costs related to any election with respect to the CFD, the rate and method of apportionment of the special taxes to be levied therein and any bonded indebtedness thereof; (iv) a reasonable charge for City staff time, as determined by the City Manager in his sole discretion, in analyzing the CFD, the eonds and the expenditure of the proceeds thereof, including a reasonable allocation of City overhead expense related thereto; and (v) any and all other actual costs and expenses incurred by the City or the Authority with respect to the CFD or the Bonds after the date of execution of this Agreement. The Developer hereby acknowledges that, at a minimum, the following amounts will or may be charged against the Deposits, whether or not the CFD is formed and the Bonds are issued: (i) up to $30,000.00 to Albert A. Webb Associates, special tax consultant, (ii) up to $30,000.00 to an appraiser, (iii) up to $12,000.00 to Richards, Watson & Gershon, City Attorney and general counsel to the Authority, (iv) up to $15,000.00 for a market absorption analysis related to the CFD, (v) up to $20,000.00 to Fieldman, Rolapp & Associates for financial advisory services, and (vi) up to $13,000.00 to the City for City Staff time in analyzing the CFD, the Bonds and the expenditure of the proceeds thereof, including a reasonable allocation of City overhead expense related thereto, including all other actual costs and expenses incurred by the City. (b) If the -Bonds are issued under the Act by the Authority secured by spec.ial taxes levied upon the land within the CFD, the Authority shall provide for reimbursement to the Developer,without interest, of all amounts charged against the Deposits, said reimbursement to be made solely from the proceeds of the Bonds and only to the extent otherwise permitted under the Act. On or within ten (10) business days after the date of issuance and delivery of the Bonds, the Finance Director of the City shall return the then unexpended Deposits to the Developer, without interest, less an amount equal to any costs incurred by the City or the Authority or that the City or the Authority is otherwise committed to pay, which costs would be subject to payment under Section 2(a) above, but have not yet been so paid. (c) If the Bonds are not issued, the Finance Director of the City shall, within ten (10) business days after adoption of the resolution stating the intent of the Authority to terminate proceedings under the Act with respect to the issuance of the Bonds, return the then unexpended Deposits to the Developer, without interest, less an amount equal to any costs incurred by the City or the Authority or that the City or the Authority is otherwise committed to pay, which costs would be subject to payment under Section 2(a) above but have not yet been so paid. Section 3. Reimbursement of Other Developer Costs. Nothing contained herein shall prohibit reimbursement of other costs and expenses of the Developer or any successor in -2- interest thereto with respect to the land in the CFD incurred in connection with the CFD from the proceeds of the Bonds, including, but not limited to fees and expenses of legal counsel to the Developer and/or its successor in interest and special consultant expenses. Any such reimbursement shall be made solely from the proceeds of the Bonds and only to the extent otherwise permitted under the Act and otherwise provided for, at the reasonable discretion of the Authority, in the proceedings for the issuance of the Bonds. Section 4. Aoreement Not Debt or Liability of Citv or Authority. It is hereby acknowledged and agreed that this Agreement is not a debt or liability of the City or the Authority, as provided in Section 53314.9(b) of the Act. Neither the City nor the Authority shall in any event be liable hereunder other than to return the unexpended and uncommitted portions of the Deposits as provided in Section 2 aboye and provide an accounting under Section 7 below. Neither the City nor the Authority shall be obligated to adyance any of their own funds with respect to the CFD or for any of the other purposes listed in Section 2(a) hereof. No member of the City Council, the Board of Directors of the Authority or officer, employee or agent of the City or the Authority shall to any extent be personally liable hereunder. Section 5. No Oblioation to Issue Bonds. The provisions of this Agreement shall in no way obligate the City or the Authority to issue any bonds, or to expend any of their own funds in connection with the CFD. Section 6. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. Section 7. Accountina. The City Finance Director shall provide the Developer with a written accounting of moneys expended under this Agreement, within ten (10) business days of receipt by the Finance Director of the City of a written request therefor submitted by an authorized officer of the Developer. No more than one accounting will be provided in any calendar month and the cost of providing the accounting shall be charged to the Deposits. Section 8. Successors and Assions. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. -3- Section 9. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. *****.** IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year written alongside their signature line below. Executed on: September 17, 2002 DEVELOPER: LENNAR HOMES OF CALIFORNIA, INC. By: Its: Executed on: September 17, 2002 CITY: CITY OF TEMECULA By: Shawn D. Nelson, City Manager Executed on: September 17, 2002 AUTHORITY: TEMECULA PUBLIC FINANCING AUTHORITY, for itself and on behalf of the proposed Temecula Public Financing Authority Community Facilities District 03-1 (Crown Hill) By: Shawn D. Nelson, Executive Director -4- RESOLUTION NO. TPFA 02-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE TO THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, Lennar Homes of California, Inc. (the "Developer") has submitted to the Finance Director of the City of Temecula (the "City") monies (the "Deposit") to be used by the City to pay costs of the City and the Temecula Public Financing Authority (the "Authority") in connection with proceedings under Section 53311 et seq. of the California Government Code (the "Act") to create a community facilities district to be designated "Temecula Public Financing Authority Community Facilities District No. 03-1 (Crown Hill)" (the "CFD"); and WHEREAS, there has also been submitted a DeposiVReimbursement Agreement (the "Agreement"), among the Developer, the City of Temecula and the Authority, and this Board of Directors now desires to accept the money advanced by the Developer, to authorize the execution and delivery by the Authority of the Agreement, employ certain consultants necessary for the formation of the CFD and the sale of bonds of the Authority for the CFD, and authorize and direct Authority staff to take actions necessary to present to this Board of Directors for approval the documents necessary to form the CFD and issue bonds of the Authority for the CFD. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. The Director of Finance of the City of Ternecula is hereby authorized and directed to accept the Deposit, and to use the Deposit in the manner contemplated by the Agreement. The Executive Director of the Authority is hereby authorized and directed to execute the Agreement for and on behalf of the Authority, and to take all actions necessary, in his discretion, to implement the Agreement. Section 2. City staff, acting for and on behalf of the Authority, are hereby authorized and directed to take all actions necessary or advisable to present to the Board of Directors for its review and approval all proceedings necessary to create the CFD and issue bonds of the Authority therefore. The passage of this Resolution shall in no way obligate this Board of Directors to form the CFD or issue bonds of the Authority for the CFD. Section 3. The firm of Stone & Youngberg LLC is hereby designated as underwriter to the Authority for any bonds to be issued for the CFD. Section 4. The firm of Albert A. Webb Associates is hereby designated as Special Tax Consultant to the Authority for the CFD, the firm of Fieldman Rolapp & Associates is hereby designated as financial advisor to the Authority for the CFD, the firm of McFarlin & Anderson is hereby designated as disclosure counsel to the Authority for the CFD, and the firm of Quint & Thimmig LLP is hereby designated as Bond Counsel to the Authority for the CFD. The Executive Director is hereby authorized and directed to execute agreements with said firms for A:frPFA Aesos 2002/02-_ their services in connection with the CFD, in form and substance acceptable to the Executive Director. The fees and expenses of such consultants shall be payable solely from the Deposit and lor the proceeds of bonds, if any, issued by the Authority for the CFD. Section 5. The Executive Director is hereby authorized and directed to engage an appraiser to appraise the property subject to the special taxes to be levied within the CFD, and a market absorption consultant to analyze the proposed development in the CFD, on such terms as are acceptable to the Executive Director. The fees and expenses of such consultants shall be payable solely from the Deposit and lor the proceeds of bonds, if any, issued by the Authority for the CFD. Section 6. The Executive Director, Treasurer, Secretary, legal counsel to the Authority and all other officers and agents of the Authority are hereby authorized and directed to take all actions necessary or advisable to give effect to the transactions contemplated by this Resolution. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Public Financing Authority at a meeting held on the 17'h day of September, 2002. Ron Roberts, Chairperson ATTEST: Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL] -2- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 02-_ was duly adopted at a regular meeting of the Board of Directors of the Temecula Public Financing Authority on the 17'h day of September, 2002, by the following vote: AYES: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: BOARDMEMBERS: BOARDMEMBERS: ABSTAIN: Susan W. Jones, CMC City Clerk /Authority Secretary -3- RESOLUTION NO. 02-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING DEPOSIT/REIMBURSEMENT AGREEMENT WHEREAS, Lennar Homes of California, Inc. (the "Developer") has requested that the Temecula Public Financing Authority (the "Authority") form a community facilities district in the Crown Hill area of the City of Temecula (the "City"), and has advanced funds to pay costs of the City and the Authority related thereto; and WHEREAS, the City desires to enter into a DeposiVReimbursement Agreement with the Authority and the Developer (the "Deposit Agreemenf'), regarding the disposition of funds advanced by the Developer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. Deposit Aqreement. The City Council hereby approves and authorizes the City Manager to execute and deliver the Deposit Agreement, in the form on file with the City Clerk together with any changes therein deemed advisable by the City Attorney, the approval of such changes to be conclusively evidenced by the execution and delivery by the City of the Deposit Agreement. Section 2. Official Actions. The Mayor, City Manager, City Clerk and all other officers of the City are hereby authorized and directed to take all actions and do all things necessary or desirable hereunder with respect to the implementation of the Deposit Agreement, including but not limited to the execution and delivery of any and all agreements, certificates, instruments and other documents, which they, or any of them, may deem necessary or desirable and not inconsistent with the purposes of this Resolution. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula, at a regular meeting held on the 17th day of September, 2002. Ron Roberts, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R: Resos2002/02-_ STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 02-_ was duly adopted at a regular meeting of the City Council of the City of Temecula on the 17'" day of September, 2002, by the following roll call vote: NOES: COUNCILMEMBERS: COUNCILMEMBERS: AYES: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:Resos2002/02-~ 2 ITEM 15 APPROVAL CITY ATTORNEY ~ DIRECTOR OF FINANC CITY MANAGER CJJ CITY OF TEMECULA AGENDA REPORT TO: City Manager/CitY?f~ Debbie Ubnoske~r~ctor of Planning FROM:' DATE: SUBJECT: September 17, 2002 Villages of Temecula General Plan Amendment (PAOO-0138); Change of Zone (PAOO-0139); Development Plan (PAOO-0140); Tentative Parcel Map (PAOO- 0152) PREPARED BY: Rolfe Preisendanz, Assistant Planner RECOMMENDATION: The Planning Commission recommends that the City Council: 1. ADOPT a resolution entitled: RESOLUTION NO. 02-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM BASED ON THE INITIAL STUDY AND ADOPTION OF THE ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. 2. ADOPT a resolution entitled: RESOLUTION NO. 02-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PAOO-0138, A GENERAL PLAN AMENDMENT TO REALIGN THE PROFESSIONAL OFFICE (PO) AND MEDIUM DENSITY RESIDENTIAL (M) LAND-USE DESIGNATION BOUNDARIES OF A 23 ACRE SITE; GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD, WEST OF COSMIC ROAD AND EAST OF THE MORAGA ROAD INTERSECTION OF RANCHO CALIFORNIA ROAD KNOWN AS ASSESSORS PARCEL NO(S). 944-290-012, 013, AND 014, BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT. RID P\2000l00-0140 Village of TemeculalCC Agenda Report.doc 1 3. READ by title only and introduce an ordinance entitled: ORDINANCE NO.02- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION PAOO- 0139, A CHANGE OF ZONE FROM PROFESSIONAL OFFICE (PO) AND MEDIUM DENSITY RESIDENTIAL (M) TO PLANNED DEVELOPMENT OVERLAY (PDO), AND ADOPTING THE STANDARDS AND REGULATIONS CONTAINED IN THE ACCOMPANYING PDO DOCUMENT, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD, WEST OF COSMIC ROAD AND EAST OF THE MORAGA ROAD INTERSECTION OF RANCHO CALIFORNIA ROAD KNOWN AS ASSESSORS PARCEL NO(S). 944-290-012, 013,014. 4. ADOPT a resolution entitled: RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PAOO-0140, A DEVELOPMENT PLAN FOR THE DESIGN, CONSTRUCTION AND OPERATION OF A 160 UNIT APARTMENT COMPLEX AND EIGHT RETAIL I OFFICE BUILDINGS TOTALING 68,700 SQUARE FEET, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD, WEST OF COSMIC ROAD AND EAST OF THE MORAGA ROAD INTERSECTION OF RANCHO CALIFORNIA ROAD KNOWN AS ASSESSORS PARCEL NO(S). 944-290-012, 013, AND 014. 5. ADOPT a resolution entitled: RESOLUTION NO, 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PAOO-0152 - TENTATIVE PARCEL MAP NO, 29140 SUBDIVIDING THE SITE FROM 3 LOTS INTO 8 LOTS, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD, WEST OF COSMIC ROAD AND EAST OF THE MORAGA ROAD INTERSECTION OF RANCHO CALIFORNIA ROAD KNOWN AS ASSESSORS PARCEL NO(S), 944-290-012, 013, AND 014. BACKGROUND: The Villages of Temecula project is located south of Rancho California Road, west of Cosmic Road and east of the Moraga Road / Rancho California Road intersection. The project includes three (3) Assessor Parcel number(s), 944-290-012, 013 and 014. In 1993, upon adoption of the City's General plan the property was designated Professional Office (PO) and Medium Density RID P\2000100-0140 Village of TemeculalCC Agenda Report.doc 2 Residential (7-12 du/ac). In 1995, the City adopted the City of Temecula Official Zoning Map and Development Code, which designated Assessor Parcel number(s) 944-290-012 and 013 as Professional Office (PO) and 944-290-014 as Medium (M) D~nsity Residential. The first application, PAOO-0138, is a proposal for a General Plan Amendment to realign the Professional Office (PO) and Medium Density Residential (M) land-use designation boundaries, which will also increase the gross acreage of the residential area by 5.03 acres (with a corresponding decrease in the Professional Office area). The second application, PAOO-0139, is a request for a Zoning Map Amendment from Professional Office (PO) and Medium Density Residential (M) to Planned Development Overlay (PDO) and the adoption of the standards and regulations contained in the PDO document. The third application, PAOO-0140, is an application to construct a 160 unit multi-family residential complex on approximately 15.26 acres (which equates to 10.5 du/ac) and nine (9) retail/office buildings, totaling approximately 68,700 square feet on 7.71 acres. The final application, PAOO-0152, is a proposal for a Tentative Parcel Map to subdivide the site into eight parcels. Summary of Public Participation The Planning Department has held two Community Meetings for this project. The first Community Meeting was held on February 9, 2001. Approximately 30 people attended this meeting. A second Community Meeting was held on January 14, 2002 to review revised plans. Approximately 20 people were in attendance, including City Staff and project representatives. Both meetings were open for questions and there was some concern expressed about neighborhood compatibility. On February 20, 2002 the Planning Commission held a pUblic hearing, and all property owners and tenants within 600 feet of the project site were notified via a mailed public notice. A number of issues were raised during the hearing procedures as summarized below. On March 18, 2002, planning staff met with two homeowners from the Starlight Ridge subdivision. A number of issues and concerns were voiced by these two residents regarding lighting, sound attenuation, sight, grading and property boundaries. These concerns have been transmitted in writing to the applicant. On May 7, 2002, staff met again with two neighborhood representatives to discuss the project. DISCUSSION Planning Commission Hearing and Issues At the Planning Commission hearing, three members of the public spoke in favor of the project and five members of the public spoke against the project. After closing the pUblic hearing and discussing the applications, the Planning Commission voted to recommend the following approvals by the City Council: Environmental: Unanimous recommendation to adopt the Mitigated Negative Declaration and Mitigation Monitoring Plan. General Plan Amendment: Unanimous recommendation to approve. R:ID P12000l00-0140 Village of TemeculalCC Agenda Report.doc 3 Development Plan: Three to two (3-2) recommendation to approve. (Commissioner Guerriero and Commissioner Mathewson voting against because of the gas station) with the following conditions: . Approve the Service Station as proposed. . Planning Commission to review architectural design of the apartments at a future public hearing. . Residential Building #3 (Adjacent to Starlight Ridge) be redesigned to reduce negative view impacts. . That a tot lot be added to the residential project as deemed appropriate by staff. . That the project participate in the Crime Free Multi- Housing Program. . That the trees on the easterly portion of the site of the site be increased in size. . That a walkway be constructed for pedestrian access on the easterly portion of the site. . And, as a separate request, for staff and the City Attorney to develop an amenity fee to satisfy the Growth Management Plan requirements for amenities, to be reviewed by the Planning Commission and City Council. Tentative Map: Unanimous recommendation to approve. Subsequent to the Planning Commission action on this item, the applicant held several meetings with staff and concerned citizens regarding the design of the project. As a result of these discussions, the applicant has revised the site plan. Staff recommends the Council continue this item to allow staff time to review the revisions and make any necessary changes to the conditions of approval, Resolutions and Ordinance. FISCAL IMPACT: ATTACHMENTS: None. 1. Draft Resolution adopting a Mitigated Negative Declaration/Mitigation Monitoring Plan 2. Draft Resolution approving a General Plan Amendment 3. Draft Ordinance approving Zone Change and PDO document 4. Draft Resolution approving Development Plan 5. Draft Resolution approving a Tentative Parcel Map 6. Planning Commission Minutes 7. Planning Commission Staff Report and Exhibits 8. Letters received R:\d p\2000\OO-0140 Village of Temecula\CC Agenda Report.doc 4 ATTACHMENT NO.1 DRAFT RESOLUTION ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM R:\D P\2000l00-0140 Village of Temecula\CC Agenda Report.doc 5 RESOLUTION NO. 02-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM BASED ON THE INITIAL STUDY AND ADOPTION OF THE ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR PAOO- 0138, PAOO-0139, PAOO-0140 AND PAOO-0152, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD, WEST OF COSMIC ROAD AND EAST OF THE MORAGA ROAD INTERSECTION OF RANCHO CALIFORNIA ROAD KNOWN AS ASSESSORS PARCEL NO(S). 944-290-012,013, AND 014. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. declare that: C. D. E. The City Council of the City of Temecula does hereby find, determine and A. MJW Property Group filed Planning Application Nos. PAOO-0138, General Plan Amendment, PAOO-0139, Zone Change, PAOO-0140, Development Plan, and PAOO-0152, Tentative Parcel Map, for the property consisting of approximately 23 acres and generally located south of Rancho California Road, west of Cosmic Road and east of the Moraga Road intersection of Rancho California Road known as Assessors Parcel No(s). 944-290-01 2, 013, AND 014 ("Project"). . B. The applications for the Project were processed and an environmental review was conducted as required by law, including the California Environmental Quality Act. The Planning Commission of the City of Temecula held a duly noticed pUblic hearing on February 20, 2002 to consider the applications for the Project and environmental review. / 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. 2002-003 approving a Mitigated Negative Declaration and Mitigation Monitoring Plan for the Project, Tentative Parcel Map and Development Plan for the Project and recommended that the City Council approve of a General Plan Amendment and zone change for the Project. On June 25, 2002, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. Section 2. The City Council has reviewed the Mitigated Negative Declaration and Mitigation Monitoring Program for the Project and all comments received regarding the Mitigated R:/Resos 2002lResos 02-_ Negative Declaration and Mitigation Monitoring Program and, based on the whole record before it, finds, determines and declares that: A. Pursuant to California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study (Environmental Assessment No. EA- _) of the potential environmental effects of the proposed Project. Based upon the findings contained in that Study, City staff determined that there was no substantial evidence that the project could have a significant effect on the environment and a Mitigated Negative Declaration has been prepared. A copy of the Initial Study and Negative Declaration are attached hereto as Exhibit "An and incorporated herein by reference. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law and copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 43200 Business Park Drive, Temecula, Ca. 92589. C. The City Council reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration. The Project and the Mitigated Negative Declaration were discussed at a public hearing of the City Council held on June 25, 2002. D: The Mitigated Negative Declaration was prepared in compliance with CEQA E. There is no substantial evidence that the Project, as conditioned, will have a significant effect on the environment. F. The Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. G. The Mitigation Monitoring Plan set forth in the Mitigated Negative Declaration has been prepared in accordance with law. Section 3. The City Council of the City of Temecula hereby approves the Mitigated Negative Declaration for the Project and approves the Mitigation Monitoring Program for the Project. Section 4. The City Clerk is hereby authorized and directed to file a Notice of Determination describing the approval of the Mitigated Negative Declaration and Mitigation Monitoring Program by the City Council in the Offices of the County Clerk of the County of Riverside in accordance with the requirements of California Environmental Quality Act. Section 5. The City Clerk shall certify to the adoption of this Resolution. R:/Resos 2002/Resos 02-_ 2 PASSED, APPROVED AND ADOPTED this 25th day of June, 2002. Ron Roberts, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 02-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting held on the 25th day of June, 2002, by the following vote: AYES: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NOES: ABSENT: ABSTAIN: Susan W. Jones, CMC City Clerk R:lResos 2002lResos 02._ 3 EXHIBIT A INITIAL STUDY AND NEGATIVE DECLARATION a., .. . City of Temecula P.O, Box 9033, Temecula, CA 92589-9033 Environmental Checklist Project Title Temecula Village Development Lead Agency Name and City of T emecula Address P.O. Box 9033, TemecuJa, CA 92589-9033 Contact Person and Phone Rolfe Preisendanz, Assistant Planner Number (909) 694-6400 Project Location The south side of Rancho California Road, approximately 200 feet west of the intersection of Rancho California Road and Cosmic Drive. Unsectioned land within T8S, R3W, located on the USGS 7.5' Topographic Quadrangle, San Bernardino Base and Meridian. IAPN # 944-290-012,013,014) Project Sponsor's Name and TV Development, LP Address c/o Markham Development Management Group, Inc. 41750 Winchester Road, Suite N Temecula, CA 92590 General Plan Designation Professional Office (12.74 acres) Medium Densitv Residential (7-12 dwellino units/acre) 110.23 acres) Zoning Same as General Plan Description of Project The Project consists of the following planning applications: 1. PAOO-0138 proposes a General Plan Amendment which will reorient the current north / south boundaries of (PO) Professional Office (12.74 acres) and (M) Medium Density (10.23 acres) to an east / west orientation of 7.71 acres of (PO) Professional Office and 15.26 acres of (M) Medium Density. 2. PAOO-0139 proposes a Zoning Amendment which overlays the current zoning of (PO) Professional Office and (M) Medium Density with a mixed- use office/retail (PDO-5) Planned Development Overlay. 3. PAOO-0152 proposes a Tentative Parcel Map subdividing the current three parcels, which are a portion of lot 24 of Tract 3334, into 8 individual parcels. 4. PAOO-0140 proposes to construct 160 attached single-family residential units on approximately 15.26 acres. The apartment buildings will consist of two-story structures with stucco exteriors consisting of simple horizontal or gabled parapets. The project also proposes 71,100 square foot of single story and two-story office/retail space on approximately 7.71 acres. Access to the proiect site will be from Rancho California Road. Surrounding Land Uses and Rancho California Road serves as the north boundary of the project site, Setting with commercial and multi-family development located on the .north side of the road. Single-family residential uses are located to the east and south. Undeveloped open area, approved by the City for multi-family residential use is located to the west. Other pubic agencies whose The only other agency approval that may be required is an incidental take approval is required permit (ITP) from the U.S. Fish and Wildlife Service. No stream channels are located on this ridge located south of Rancho California Road, therefore an Army Corps 404 Permit or Department of Fish and Game 1603 Agreement appears not to be required. No Regional Board approvals are reauired. R:\D P\2000\OO.Ol40 Village of Temecula\lnitial Study.rtf : ' Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one imoact that is a "Potentiallv Sionificant Imoact' as indicated b\l the checklist on the followino Paaes. Land Use Planning X Hazards and Hazardous Materials Population and Housing Noise X Geology and Soils Public Services Water Utilities and Service Systems Air Quality Aesthetics Transportation/Circulation X Cultural Resources X Biological Resources Recreation Energy and Mineral Resources Mandatory Findings of Significance None R:\O P\2ooo\OO-o140 Village of Temeculallnnial Study.rtf ... k,,-o. Determination (To be comoleted bv the lead alJencvl On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be oreoared X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to bv the oroiect orooonent. A MITIGATED NEGATIVE DECLARATION will be oreoared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is reouired I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a 'potentially significant impact' or 'potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is reauired, but it must analvze on Iv the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imoosed unon the oroDosed oroiect, nothinn further is renuired. Signature:~"'I?e:,~Date: ~ 7/ Zoo I Printed Name: Rolfe Preisendanz, Assistant Planner For: City of Temecula R:\D P\2000\OO-O 140 Village of T emecula\lnitiaJ Study.rtf '''', ". ~ \~>:::J/t-I -~r\S . ~ :!='ILZ- -C f'f-'~,< lI~ I \ ~ ;!Ltf'\ K ~ '1\ \ I , ~ I ~"'l<~1Sl1JrY1lTI--'\L ~~,,~ ~~J?;f f-- ~ ~ ~8:q!~ ~)E:r Y\ 'i\~ ;::: p Im!- W~ ~h p II (m\y(!T nTTll'i ~ u.,\l~ ~ >:'?-i IllllllllllmT T/A ~ ~ ~ ~ I!g; K \\)\\"" ':;'~ ~:i~~I; ij ~ \ ~IJ ~ ~ ~~ ~ +- m <;:::11/ f::I 1"- g ,] ___ TirE l I _/_-(':" l - L "'" ~, :J -I If:: , ~ / ~ "-. /7>-- cTIU "'- 111111 I'-V" \ ~ n!-- '~~ _ j. !;0G "'~ '- '2~ ~ I ~ Y ~ '\ ",l~ " \' ~\,[\\n\\l . -)~ ~ .,- j,' I " 1 F""" ~= ~<1 ~.;.. d >= 'V '7)<. ~U ~ ~\ ""'/. 0./ >= '= \ \"~_~ ,#<." ~ ~ ~E p ~ "--/1 ~. ~ ~w ~~ IIZJ~ . ~ ~ ~ I ~ '~" ~ ""'- \\'ill ;;,,, ~../ ~ ~ ,Jrg, Y' 'V- ~ ~, h" ~ ~ ,'i~ v"~ P c '\ui I 'L c'~ ;m II .Ih~ Ki ,/ 'T /J ~ 'l., . . 1. LAND USE AND PLANNING, Would the project: Issues and Supporting Information Sources Potentially Potentially Less Than No Significatlt Significant Significant ,,,,,,", ,,,,,,,,, Unless Mitigation ,,,,,,,,, I""'^""""rated a. Physically divide an established community? X b. Conflict with applicable land use plan, policy, or regulation X of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoidinQ or mitiQation an environmental effect? c. Conflict with any applicable habitat conservation plan or X natural communitv conservation olan? Comments: 1.a The project site is surrounded with urban/suburban development. Residential uses exist to the south and east; multi-family residential development has been approved on the vacant property located immediately to the west; and commercial development exists to the north of Rancho California Road which is one of the major east-west arterials in the City of Temecula. The construction and occupancy of 160 residential units and 71,100 square feet of office/retail on this approximate 22.97 -acre property will be an urban infill development project. The type of project proposed and the location of the project eliminate any possibility of causing adverse impact from physically dividing an established community. 1.b Based on the site's medium density residential and professional office designations, and the infill character of the project site, the proposed Temecula Village project is consistent with the village center and planned development overlay concepts presented in the General Plan and Development Code. The proposed project does not pose any significant adverse land use impacts with implementation of required mitigation. The project requires the approval of a General Plan Amendment and a Change of Zone. Potential mitigation for other issues is discussed in the appropriate sections of this Initial Study. No mitigation is required for land use issues beyond those that are already included in the proposed project Planned Development Overlay. 1.c The project site constitutes an island of undeveloped property that is surrounded on all sides by urban and suburban development. The site does contain disturbed Coastal Sage Scrub (CSS) habitat, but it is not identified in the City General Plan or any other agency plans as part of a habitat conservation plan or a natural community conservation plan. Converting the property to suburban uses comparable to that surrounding the site will require mitigation through acquisition of an incidental take permit from the U.S. Fish and Wildlife Service, but discussions with the Service biologists indicate that the appropriate solution for this site is not to retain it as permanent habitat due to the surrounding level of development. If mitigation is required based on the presence of the California Gnatcatcher, the Service Staff indicates that it should be acquired offsite at a location determined suitable by the Service (See Biological Resources Section). R:\D P\200Q\tX)-()l40 Villaga of Temecula~n~ial Study.rtf .... 2: POPULATION AND HOUSING. Would the project: Issues and Supporting Information Sources Potentially Potentially Less Than No Significant Significant Significant ,,,,,oct ,,,,,oct Unl~~:tion ''''''''' 'OCO od a. Induce substantial population growth in an area, either X directly (for example, by proposing new homes and businesses) or indirectly {for example, through extension of roads or other infrastructurel? b. Displace substantial numbers of existing housing, X necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers of people, necessitating the X construction of replacement housina elsewhere? Comments: 2.a The City General Plan designated a total of 772 acres of medium density residential land use. The proposed project will convert -15.26 acres of this designation to 160 apartment units. At an occupancy rate of 2.83 persons per unit, the total population that will occupy this project at full occupancy is forecast to be 453 persons. However, as Temecula Village is an infill project where many service needs of residents are provided onsite, it is not forecast to induce population growth that will exceed the capacity of roads, utilities, and other infrastructure anticipated in the General Plan. Additionally, the proposed office/retail uses on site are only approximately two-thirds of the minimum FAR square footage anticipated in the General Plan for this site (.21 compared to a minimum of .3), and 20% of the maximum FAR (.21 compared to the maximum FAR of 1.0). Based on this evaluation, the proposed project is not forecast to cause significant growth within the City of T emecula. 2.b The project site is presently unoccupied and the proposed project has no potential to displace any existing housing. The project will provide critically needed apartment housing units for the City, and equally important, the adjacent professional and commercial development can reduce the overall trip generation by allowing pedestrian trips to replace vehicle trips. 2.c The project site is presently unoccupied and the proposed project has no potential to displace any existing population. The project provides essential rental housing that will serve a portion of the City's residents which relies upon this type of housing which is in very short supply within the City and surrounding area No mitigation is required. R:\O P\20001OO-Q140 Village of Temeoula~n"ial Study.rtf , , 3. GEOLOGY AND SOILS. Would the project: Issues and Supporting Information Sources Potentially Potentially less Than No Significant Significant Significant In'O'CI I"".., Unl~~~ation In-oact Inco led a. Expose people or structures to potential substantial X adverse effects, including the risk of loss, injury, or death involvino: . i) Rupture of a known earthquake fault, as delineated on the X most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geoloav SDecial Publication 42. iI) Strong seismic ground shaking? X iii) Seismic-related ground failure. including liquefaction? X iv) Landslides? X b. Result in substantial soil erosion or the loss of topsoil? X c. Be IDeated on a geologic unit or soil that is unstable, or X that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral snreadinn, subsidence. Iiouefaction or collaDse? d. Be located on expansive soil, as defined in Table 1801-B X of the Uniform BUild~~ Code (1994), creating substantial risks to life or nronert . e. Have soil incapable of adequately supporting the use of X septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: 3.a A detailed description of the City's geology and soils is contained in Chapter 4.1 of the City's General Plan Environmental Impact Report (GPEIR). According to the GPEIR. the City of Temecula is in Ground shaking Zone II, which will experience moderate to intense ground shaking in the event of a major regional earthquake. Geologic mitigation measure 5 is identified in Section 4.1.3 of the GPEIR and it is deemed adequate to reduce potential ground shaking impacts to a level of no significance. No additional m~igation is required. A review of the City's Fault Hazard Zones in the General Plan (Figure 7-1) indicates that the project site is not located within a fault hazard zone and it has a very low probability of being exposed to fault rupture. A review of the City's SubsidencelLiquefaction Hazards in the General Plan (Figure 7-2) indicates that the project site is not located within a zone of potential subsidence or liquefaction. The proposed project has a very IDW probability of being exposed to these geologic hazards. Although the project site is located on a low ridge, no landslides were observed on the property proposed for development. A geotechnical investigation by CHJ Incorporated reached this same conclusion. A copy of this geotechnical study is available at the City Planning Department office for review if desired. The lack of observed landslides, the low vertical relief of the site, and the shallow slopes would indicate a low potential for being exposed to significant landslide hazards on this project site. 3.b Development of the project site will expose it to potential erosion and downstream sedimentation. The General Plan requires mitigation for project to control erosion. Further, specific requirements have been established under the state-wide NPDES program that requires every project to implement a Storm Water Pollution Prevention Plan (SWPPP) during construction and over the long-term. Best Management Practices (BMPs) are identified in the SWPPP to control erosion on a site and any sedimentation A:\D P\2000\oo...()140 Village of Temecula\lnitial Study.rtf -." generated by disturbing the site for development. Mitigation is required to control potential erosion and sedimentation. The following standard City condition of approval shall be implemented. S.b.l The SWPPP prepared for this project shall implement BMPs identified in the County's Drainage Area Management Plan (DAMP) and the performance standard that must be met is to minimize erosion on the site in accordance with DAMP BMPs and to contain all eroded sediment on the project site. 3.c As noted under issue 3.a, the project site has a minimal potential for any instability reiated to subsidence, liquefaction, or landslides. 3.d Based on a review of the General Plan, the Friant-Lodo-Escondido Association underlies the site and it has no potential to be expansive or create hazards related to expansive soils. 3.e The project site will be served by a sewer collection system so there is no potential for the site to have adverse impacts related to use of subsurface wastewater disposal systems. Implementation of mitigation measure #5 (General Plan) in the General Plan for ground shaking impacts and measure 3.b.l for erosion/sedimentation impacts will reduce the only potentially significant geology and soil impacts to a level of no significance. R:\D P\20001OO-Q140 Village of Temecula~nttial Study.rtf ". '" 4. HYDROLOGY AND WATER QUALITY, Would the project: . Issues and Suppolting lnfonnation Sources Potentially Potentially .....Th.. No Signilicant Significant Significant '0'''''' ."""" UnI8$$ r.ttlgation ....... Inco-ate<! a. Violate any water quality standards or waste discharge X reauirements? b. Substantially deplete groundwater supplies or interfere X substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been oranted\? c. Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in f1oodino on- or offsite? e. Create or contribute runoff water, which would exceed the X capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f. Otherwise substantially degrade water quality? X g. Place housing within a 1 DO-year flood hazard area as X mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation maD? h. Place within 1 DO-year flood hazard area structures, which X would imDede or redirect flood flows? i. Expose people or structures to a significant risk of loss, X injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? X Comments: 4.a The proposed project would permit development of 160 multi-family residential dwelling units and 71,100 sq. ft. of office/retail space. This type of development does not generally generate any wastewater, other than domestic or municipal, which will require treatment or waste discharge requirements. No water quality standards are forecast to be violated by implementing the proposed project. Wastewater will be delivered to the regional treatment plant for treatment under waste discharge requirements established by the San Diego Regional Water Quality Control Board. During construction and occupancy implementation of BMPs as outlined in Supplement A of the Riverside County DAMP will be implemented which will control pollution to a level of no significance. See mitigation measure 3.b.1.{See Condition Of Approval, 3.b.1) 4.b The project site is located on a ridge, which has no potential to serve as a recharge location for surface runoff. Therefore, the project has no potential to adversely interfere with groundwater recharge. The proposed project does not include any extraction of groundwater, so no adverse direct impact can result from implementing the proposed project. The GPEIR addresses water demand from development in the City of T emecula, including 772 acres of medium density residential uses and 520 acres professional R:\D P\2000\oO.()140 Village of Temecula\lnitial Study.rtf . . office uses. Rancho California Water District has confirmed in the "will serve" letter dated May 17, 2000 that water will be available upon the property owner signing an Agency Agreement that assign water rights. The GPEIR concludes that the City's two purveyors can meet cumulative water demand within the City without having a significant adverse impact on the environment, including depletion of the areas groundwater supplies. The proposed development increases the number of dwelling units anticipated in the General Plan by 37 and increases demand for residential uses. However, the decrease in commerciaVoffice acreage (5.03) and actual proposed commerciaVoffice square footage (71, tOO square feet compared to a permissible a range of between t 00,754 and 335,000 square feet under the applicable Floor Area Ratio (FAR)), and consequent decrease in water demand for commerciaVoffice uses, decreases water demand more than the additional 37 residences will increase demand. Therefore, the proposed project will not contribute to a significant cumulative, indirect adverse impact on the area groundwater aquifers. 4.c The project site presently drains to existing storm drains in Rancho California Road and at the southwest corner of the project site. From there runoff enters the regional drainage system, which terminates in Murrieta Creek and ultimately the Santa Margarita River. The existing drainage pattern will be retained after project development. Erosion and siltation issues are addressed in previous discussions under geology and hydrology. A preliminary drainage/hydrology study prepared by engineers of Markham Development Management Group, Inc. verifies that the existing drainage system is adequate to accept the volume project runoff from the developed site without causing any significant adverse downstream impacts. 4.d As noted in 4.c above, the project would not alter the existing site or area drainage system. It will increase runoff as a result of increasing the impervious surface on the project site, but the City imposes standard conditions to detain surface runoff on the property to ensure that the maximum runoff volume from the site is not be significantly increased. No adverse impacts are forecast to affect properties downstream of the site from developing the project as proposed. 4.e Please refer to the discussion under 4.d above. 4.1 Please refer to the discussion under 4.a above. 4.g The project site is located on a ridge and is not located in the vicinity of any identified tOO-year flood hazard area. No potential for exposure to significant flood hazards will occur from developing the project site as proposed. 4.h The project site is located on a ridge and is not located in the vicinity of any identified dam inundation flood hazard area. No potential for exposure to significant flood hazards will occur from developing the project site as proposed. 4.i-j Since the project is not near any water body and is located on a ridge, no potential exists for the site to be adversely impacted by inundation from seiche, tsunami, or mudflow. R:\D P\2000\OO-0140 Village of Temecula\lnitial Study.rtf . , . . , 5. AIR QUALITY. Where available, the significance criteria established by the applicable quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Issues and Supporting Information Sources Potentially POlantially Less Than No Significant Significant Significant ,,,,,,,,, ,,,,,,,,, Unless Mitigation .""act IncOroorated a. Conflict with or obstruct implementation of the applicable x air aualitv plan? b. Violate any air quality standard or contribute substantially x to an existina or oroiected air aualitv violation? c. Result in a cumulatively considerable net increase of any x criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed auantitative thresholds for ozone precursors? d. Expose sensitive receptors to substantial pollutant x concentrations? e. Create objectionable odors affecting a substantial number x of oeoole? Comments: 5.a The land use designations will vary somewhat from that which is contained in the City's General Plan. A total of 37 additional multifamily residential units are being proposed on the project site than would be permitted under the existing land use designations. In addition, the amount of commercial development has been reduced on the project site in order to create a pedestrian scale commerciaVoffice development. The proposed project modification is of such a small scale and meets the objective of providing adequate multifamily housing adjacent to a commercial and job generating development that the overall reduction in trip generation and vehicle miles traveled will be fully consistent with SCAG's Regional Comprehensive Plan and Guide (RCPG) and the SCAQMD Air Quality Management Plan (AQMP). Development of the project site with mitigation measures as outlined in the SCAQMD "CEQA Air Quality Handbook" will not conflict with any applicable air quality plan. 5.b Air quality within the South Coast Air Basin (SoCAB) is improving, and development of the proposed project will be in full conformance with the RCPG and AQMP because it contains all of the elements identified in these plants to minimize trip generation and vehicle miles traveled. The proposed project's development will ensure that the emissions will be minimized to the maximum extent possible and will contribute to the regional programs being implemented to ensure that air quality emissions in the SoCAB will ultimately be brought within the carrying capacity of the Basin. 5.c The CEQA Air Quality Handbook contains a screening table for operations and construction impacts. Under Table 6-2 of the Handbook, the threshold for potential cumulative significant air emissions is 261 apartment units. The comparable threshold for development of office and commercial development is 96,221 square feet and 50,000 square feet respectively. The project proposes 36,000 square feet of office space and about 35,100 square feet of commercial development, including an -9,600 square foot day care center. The proposed project falls below these thresholds and therefore, this project does not have a patential to cause significant air emissions within the basin during operation. Regarding construction (refer to Table 6-3 in the Handbook), the total area to be graded is approximately -23 acres, which will occur over a period of one to two months. The threshold for significant grading air quality impacts is 177 acres quarterly; therefore, the proposed project falls below these thresholds. Assuming an average of 2,000 square feet for each unit, the total gross floor area (GFA) for the multifamily project is 320,000 square feet of GFA which is also below the threshold of significance for apartments (1,410,000 GFA) and the 71,1000 square foot commercial area falls well below the 975,000 GFA in Table 6-3 of the Handbook. Based on these comparisons, the proposed project will not cause or contribute to cumulative significant increases in air emissions. To prevent nuisance fugitive dust standard erosion/dust control measures are required as conditions of grading and building permits. R:\D Pl20001OO.0140 Village of TemeculaUnitial Study.rtf '" '. 5.d None of the activities at the project site (multifamily residences or the commercial/office uses) have a potential to generate significant volumes of pollutants or create substantial pollutant concentrations that could harm sensitive receptors. 5.e None of the activities at the project site have a potential to generate significant odors or create substantial odor concentrations that could harm sensitive receptors. R:\D Pl20001OO.Q140 Village of TemeculaUnitial Study.rtf '." ." 6. TRANSPORTATION / TRAFFIC. Would the project: Issues and Supporting Imormation Sources Potentially Poterltially Less Than No Significant Significant Significant ""'""' ''''''''' Unless Mitigation ,,,,,,,ct Incnmarated a. Cause an increase in traffic, which is substantial in X relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections? b. Exceed, either individually or cumulatively, a level of X service standard established by the county congestion manaaement aaencv for desianated roads or hiahways? c. Result in a change in air traffic patterns, including either X an increase in traffic levels or a change in location that results in substantial safetv risks? d. Substantially increase hazards due to a design feature X (e.g., sharp curves ar dangerous intersections) or incomoatible uses Ie. a., farm eauiomeritl? e. Result in inadequate emergency access? X f. Result in inadequate parking capacity? X g. Conflict with adopted policies, plans, or programs X supporting alternative transportation (e.g., bus turnouts, bicvcle racks? Comments: 6.a A Traffic Impact Analysis was prepared by Wilbur Smith Associates (Traffic Impact Analysis Temecula Village Development) for a project with a total of 454 single family units and a mixed-use retail and commercial village center on the project site and an adjacent -21 acre parcel to the west. This study was revised and updated in August 2000. The proposed project consists of 160 apartment units and 71,100 square feet of officefretail use, which fall within the scope of the Traffic Impact Analysis (TIA). The proposed project is an infill development. The TIA concluded the following regarding the area circulation system impacts: "Under both year 2001 With and Without Project traffic conditions, the intersections of Rancho California Road at the 1-15 Southbound Ramps, 1-15 Northbound Ramps and Ynez Road are projected to operate at unacceptable levels of service (i.e., worse than LOS D) during the PM peak hour..'with roadway improvements planned at these intersections, and with the opening of Overland Drive overpass...the three intersections are projected to operate at LOS D or better, for both the Year 2001 Without Project and With Project traffic conditions. These improvements are now in place. Consequently, WSA does not propose any specific measures to mitigate project traffic impacts." "The developer will be responsible for payment of development impact fees in accordance with the fee schedule established by the City. Prior to project opening, the City may negotiate an agreement with the developer to implement off-site improvements in exchange for fee credits." Based on the data contained in the TIA, the proposed project can be implemented without causing any significant adverse impacts to the circulation system. 6.b Please refer to the discussion in 6.a above. 6.c The project site is not located near any airport and has no potential to adversely impact any air traffic patterns. 6.d Based on the TlA, the proposed project circulation system improvements will not cause any roadway hazards. 6.e Emergency access to the project site will be via Rancho California Road on the north and two private roads, one extending south from Rancho California Road along the west side of the proposed project and another road entering the shopping center. These two roads will provide adequate emergency access. R:\O Pl20001OO.Q140 Village of T emeculaUnttial Study.rtf 6.1 The applicant has provided adequate parking spaces to meet the City's Development Code requirements in both the commerciaVoffice (Sub areas A and B) and multifamily development (Sub area C) areas. 6.g The project will be conditioned to provide alternative transportation facilities consistent with the road improvements serving the project site and provides a bus bay and seating with shelter designed to be used as a transit stop No conflict or adverse impact to adopted alternative transportation policies, plans or programs is forecast to occur from implementing the proposed project. R:\D Pl20001OO.Q140 Village of TemeculaUnnial Study.rtf '. . 7. BIOLOGICAL RESOURCES. Would the project: Issues and Supporting Inlormalion Sources PotentiaUy Potentially Less Than No Significant Significant Significant I"""", ,,,,,,,,, Unless Mitigation I"""" Incorporated a. Have a substantial adverse effect, either directly or X through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies. or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or X regional plans, policies, and regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c. Have a substantial adverse effect of federally protected X wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruotion, or other means? d. Interfere substantially with the movement of any native X resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or imoede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting X biological resources, such as a tree preservation policy or ordinance? f. Conflict with the provisions of an adopted habitat X Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation olan? Comments: 7.a The leller from United States Department of the Interior, Fish and Wildlife Service dated May 31,2000, recommends that focused surveys occur within suitable habitat on site prior to any ground disturbing activities. According to the Biological Survey, the project site contains a mix of coastal sage scrub (CSS), ruderaVdisturbed lands and non-native trees. Biological surveys were prepared for the project site. No sensitive plants and no Quino Checkerspot Butterflies (QCB) were identified on the property, but a pair California Gnatcatchers (CAGN) were identified. Therefore, based on the current survey, an incidental take permit will need to be obtained from the U.S. Fish and Wildlife Service (Service or FWS). Based on initial discussions with the Service's Staff, the preference is for offsite mitigation at a 3:1 ratio for CSS and a 1:1 ratio for the disturbed grassland, with appropriate endowments and protection of resources at the mitigation site. Therefore, the following mitigation measure will be implemented. 7.a.1 The project developer shall acquire compensatory mitigation acreage off the project site as outlined above for the -23 acre parcel. Prior to grading the project site, the developer shall provide the City with a copy of the incidental take permit issued for the proposed development. 7.b The project site does not contain any waters of the United States, riparian or wetland resources. Therefore, development of the proposed project cannot adversely impact such resources. 7.c Please refer to the discussion in 7.c above. R:\O P\2000\OO-ol40 Village of Temecula\lnitial Study.rtf .. . 7.d The project site is surrounded by urban/suburban development and as an infill parcel, its development has no potential to adversely impact wildlife movement. 7.e There are non-native tree species on the site that may require acquisition of a permit for removal. The developer is required to obtain such a permit and no mitigation is required to ensure that the permit will be obtained prior to removal of any trees on the property. 7.f Development of the proposed project does not conflict with the provisions of any habitat conservation plan and, in fact, with the mitigation outlined above should support implementation of such plans. No additional mitigation will be required for the proposed project. 8. MINERAL RESOURCES. Would the project: Issues and Supporting Information Sources Potentially Potentially Less Than No Significant Significant Significant IrTllaCl Impact Unles;~:tion ,,,,,act loco ted a. Result in the loss of availability of a known mineral X resource that would be of value to the region and the residents of the state? b. Result in the loss of availability of a locally important X mineral resource recovery site delineated on a local oeneral olan, soecific plan or other land use plan? Comments: B.a There are no mineral resource designations nor any known mineral resources on this project site Since the site is located on a ridge, outside of alluvial deposits, no potential for sand and gravel resources exists on the project site. B.b Development of the site has no potential to lose access to known and available mineral resources since none occur on the project site, nor is access required across the site to such resources. No mitigation is required for the proposed project. R:\D Pl20001OO-D140 Village of T emeculaUnttial Sludy.rtf 9. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Issues and Supporting Inlormation Sources Potentially Potentially Less Than No Significant Significant Signfficant '''''OCl ,,,,,,,,, Unless Miligation ."""" lnco~ed a. Create a significant hazard to the public or the X environment through the routine transportation, use, or disposal of hazardous materials? b. Create a significant hazard to the public or the X environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely X hazardous materials, substances, or acutely hazardous materials, substances, or waste within one-quarter mile of an existina or proposed school? d. Be located on a site which is included on a list of X hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, X where such a plan has not been adopted, within two miles or a public airport or public use airport, would the project result in a safety hazard for people residing or working in the oroiect area? f. For a project within the vicinity of a private airstrip, would X the project result in a satety hazard for people residing or workina in the oroiect area? g. Impair implementation of or physically interfere with an X adopted emergency response plan or emergency evacuation plan? h. Expose peopie or structures to a significant risk or loss, X injury or death involving wild land fires, including where wild lands are adjacent to urbanized areas or where residences are intermixed with wild lands? Comments: 9.a The proposed project will consist of residential, office and retail uses that do not involve significant potential for routine transport or use of hazardous materials or routine generation of hazardous wastes beyond those normally encountered in urban/suburban "village center" type setting, typically termed "household hazardous wastes". The one exception to this finding is the possibility of installing a gasoline station at the project site. Therefore, a potential does exist for this project to create a significant hazard to the public or the environment through its implementation. Gasoline service stations are heavily regulated, regarding both the management of fuel on the site and required operating conditions, which are established through the County and other regulatory agencies, such as the South Coast Air Quality Management District. To ensure that the implementation of a service station on the project site does not pose any significant health hazard through the routine transport of hazardous materials for use and for disposal, the following mitigation measure shall be implemented. 9.a.l Prior to authorization to begin operations by receiving fuel or other hazardous petroleum materials, fhe developer shall provide fhe City with the following materials: fhe Business Plan filed with the Department of Environmental Health that outlines how hazardous products will be safely delivered to the site; managed on the site; and removed from the site as hazardous waste, if any. This will include all safety measures required to minimize hazards and public health risks as outlined in the required spill prevention, response and countermeasures plan. All requirements for managing hazardous A:\D P\2000\OQ.0140 Village of Temecula\lnitial Study.rtf , . materials and wastes must conform to local and state public health and safety requirements established by the State Department of Toxic Substances Control. Riverside County and the City of Temecula. 9.b Since significant quantities of hazardous material (petroleum products, including gasoline and diesel fuel) will be used or hazardous wastes generated on the site, a potential exists for significant impacts to the environment from upset or accidental release conditions. The mitigation outlined under 9.a above will ensure that any hazards related to upset or accidental release conditions are managed within the level of safety established by regulatory agencies to ensure such a potential falls below a nonsignificant level of potential safety hazard. Additional requirements may be necessary at the time a specific development proposal is reviewed. 9.c Since substantial quanlilies of hazardous materials or wastes will be handled on the project site (petroleum fuels), there is a potential to emit hazardous emissions in quanlilies that could cause a significant public health impact. SCAQMD Rules 461-464 establish the controls for operating gasoline stations, and each station must conduct a public health risk analysis before obtaining operating permits from the District. Regardless, there is no school within 1/4 mile that would be exposed to such emissions. These emission control requirements are in place and mandatory, so additional mitigation is not required to ensure that public health is not adversely impacted. Additional requirements may be necessary at the time a specific development proposal is reviewed. 9.d The project site is not identified as a contaminated site under Government Code Section 65962.5. 9.e The project site is not near any airport or private airstrip and has no potential to adversely impact airport operations. 9.f Please refer to the discussion under 9.e above. 9.g Development of the project site has no potential to modify or adversely affect an adopted emergency response plan or evacuation plan. 9.h The project site does contain a minimal wild land fire hazard onsite based on the presence of the CSS, but due to the surrounding urban development this fire hazard is not considered significant. The proposed project will eliminate the wild land fire hazard on the property if it is approved. No adverse wild land fire hazard impact is forecast to occur and no mitigation is required. R:\O P\2000\OO.0140 Village of Temecula\lnitial Study.rtf , . 10. NOISE. Would the project: Issues and Supporting Inlormation Sources Potentially Potentially less Than No Significan1 Significant Significant ''''''''' ."""" Unless Mitigation ''''''''' Incoroorat(Kj a. Exposure of people to severe noise levels in excess of X standards established in the local general plan or noise ordinance, or applicable standards of other aoencies? b. Exposure of persons to or generation of excessive ground X borne vibration or around borne noise levels? c. A substantial permanent increase in ambient noise levels X in the project vicinity above levels existing without the proiect? d. A substantial temporary or periodic increase in ambient X noise levels in the project vicinity above levels existing without the project? e. For a project located within an airport land use plan or, X where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would X the project expose people residing or working in the . project area to excessive noise levels? Comments: 10.a According to a summary noise evaluation by Mestre Greve Associates, the project would be exposed to noise levels of approximately 64.7 Ldn from traffic noise on Rancho California Road. However, the residential uses included in the proposed project would not be exposed to noise at this level. The Temecula Village Development design buffers the residential uses from traffic noise on Rancho California Road with the office/retail development abutting Rancho California Road. The landscape elements between the office/retail development and the residential component of the project also buffer noise from Rancho California Road. The future residents of the site will not be exposed to severe noise levels. (Please also see response 10.c). 10.b Based on the discussion in 10.a above, development of the proposed project will not expose future residents to excessive ground borne vibration or noise levels. 10.c Future background noise levels will be dominated at the project site by noise generated from traffic on Rancho California Road, directly north of the project site. The proposed project permits or conditionally permits the development of use such as a restaurant, small health club, small dance/aerobics/martial arts studio (less than 5000 sq. ft.), Laundromat, and speCialty retail uses in Sub Area A. These businesses may operate during evening hours causing nuisance noise to residents in the development and in the surrounding area. The proposed project also permits or conditionally permits the development of a fast-food restaurant, health club, dance/aerobics/martial arts studio (greater than 5000 sq. ft.), auditorium, conference facilities, gas station with car wash, market, movie theater, Laundromat, nightclubfteen club, veterinary clinic with overnight facilities, and specialty retail uses in Sub Area B. These businesses may also operate during evening hours, but there is a nuisance ordinance requirement to ensure noise levels are not excessive. 10.d Construction noise levels will be above background noise levels during daylight hours, but the City General Plan requires construction noise mitigation by restricting construction activities to daylight hours. With implementation of this measure the short-term noise impacts are not forecast to be significant to the surrounding land uses. R:\O P\2000\OO..o140 Village of Temecula\lnitial Study.rtf 10.e The project site is not located near an airport or a private airstrip and has no potential to be exposed to significant airport operation noise impacts. 10.1 Please refer to the discussion in 10.e above. 11. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered Government services in anv of the following areas: Issues and Supporting Information Sources Potentially _ Potentially Less Than No Significant Significant Significant IfTlIact lnl)aCl Unles:~~gation ,,,,,,,,, Inco rated a. . Would the project result in substantial adverse physical X impacts associates with the provisions of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services? b. Fire protection? X c. Police protection? X d. Schools? X e. Parks? X f. Other public facilities? X Comments; 11.a The proposed project is an infill development within the central portion of the City of Temecula and all services are already available at the project site. The development of 160 apartment units and 71,100 sq. ft. of office/retail space will place a small increment of cumulative demand on the service systems (fire, police, schools, and parks). Based on a review of the GPEIR all of the service system impacts from developing the proposed project can be mitigated to below a significant level by implementing mitigation measures identified in that document. These measures include: Fire Service, Measures 1 and 2; Police Service, Measures 1-4, and Education Measures 1-1 and 1-6, as appropriate. For park and recreation services, those appropriate mitigation measures for the proposed project from Measures 1-3, 1-8 and 1-12 shall be implemented. With implementation of these measures, the proposed project can be implemented without causing or contributing to a significant cumulative public services impact. 11.b Please refer to the discussion in 11.a above. 11.c Please refer to the discussion in 11.a above. 11.d Please refer to the discussion in 11.a above. 11.e Please refer to the discussion in 11.a above. 11.f Please refer to the discussion in 11.a above. R:IP Pl20001OO.0140 Village of Temeculallnftial Study.rtf 12. UTILITIES AND SERVICE SYSTEMS. Would the project: Issues and SUPPOrting In/ormation Sources Potentially Potentially Less Than No Significant Signilicant Significant l/TlIact ''''''''' Unless Mitigation ''''''''' Incornorated a. Exceed wastewater treatment requirements of the X applicable Reaional Water Quality Control Board? b. Require or result in the construction of new water or X wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c. Require or result in the construction of new storm water X drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the X project from existing entitiements and resources, or are new or expanded entitlements needed? e. Result in a determination by the wastewater treatment X provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f. Be served by a landfill with sufficient permitted capacity to X accommodate thej:ll'oiect's solid waste disposal needs? g. Comply with federal, state, and local statutes and X reQulations related to solid waste? Comments: 12.a The proposed project will deliver wastewater to the regional treatment wastewater reclamation plant in Temecula. The Rancho California Water District (RCWD) operates the facility and it has capacity to meet the demand from the proposed project within its authorized treatment capacity. This facility operates within its waste discharge requirements. Therefore, the proposed project is not forecast to cause a violation of wastewater treatment requirements, either directly or indirectly. 12.b According to the GPEIR, adequate capacity exists within the RCWD water supply and wastewater treatment systems to provide water and wastewater capacity for the proposed project. This conclusion is aiso supported by urban water master plan adopted by the RCWD. 12.c The site already drains to existing storm drains in the area and a regional storm water system. The connection of this site will not cause the need to expand these facilities based on detention of storm runoff. Future volume of flow from the site would not exceed the current maximum flows due to onsite retention. The drainage analysis for the project site outlines the detailed information regarding existing . and future storm water runoff. 12.d Adequate water supplies have been identified by the RCWD to meet the City of Temecula's current and immediate future demands, including the proposed project. See also 12.b above. 12.e Adequate wastewater treatment capacity has been identified by the RCWD to meet the City of Temecula's current and immediate future demands, including the proposed project. See also 12.b above. 12.1 According to the General Plan and the County Solid Waste Management Plan adequate landfill disposal capacity exists within the regional landfills to meet current and future demands. 12.g By participating in the City's source reduction and recycling element, the proposed project will comply with all statutes and regulations for management of solid waste. The proposed commercial and residential project does not pose any significant or unique management requirements. R:\D Pl20001OO.0140 Village of TemeculaUnitial Study.rtf . . Regarding energy supplies to the project and region, the City of Temecula's General Plan identified adequate capacity for energy systems. Since this document was adopted electric and natural gas utilities have been deregulated and short-term shortages in electricity and natural gas will be experienced until new electrical generation and natural gas production have been installed and are in operation. This impact is not considered a significant adverse impact at the level of individual urban developments, because adequate capacity is available but at a higher costs than have occurred in the past, i.e., the commercial systems are functioning but at a much higher cost than forecasted. The energy availability issue will cause short-term inconvenience during the higher electricity and natural gas consumption periods, specifically on the hottest summer days when air conditioning loads are the greatest or during the winter on cold days. The City has adopted building codes that require implementation of energy conservation measures for new development. Implementation of these design and construction standards is considered adequate compliance with energy conservation goals and policies. The additional energy demands resulting from the project would normally be considered a less than significant impact. However, as noted above recent shortages in generation capacity may require the new residents to pay higher costs for electricity or to accept short-term rolling black outs in response to excessive short-term demand. These limitations will be resolved as new generating capacity is brought on line over the next few years. This short-term electricity constraint is not considered to be a significant adverse impact, particularly since the new structures will be constructed with an awareness of these constraints. 13. AESTHETICS. Would the project: Issues and Supporting Information Sources Potentially Potentially less Than No Significanl Significant Significant IlTllact ,,,,,,,01 Unl~~ation ''''''''' Inco ted a. Have a substantial adverse effect on a scenic vista? X b. Substantially damage scenic resources, including, but not X limited to, trees, rock outcropping, and historic building within a state scenic hiahwav? c. Substantially degrade the existing visual character or X oualitv of the site and its surroundinos? d. Create a new source of substantial light or glare, which X would adverselv affect day or niahttime views in the area? Comments: 13.a The proposed project will infill a small undeveloped area along the Rancho California Road urban corridor. No scenic vistas will be adversely impacted at the project location from developing the proposed _ project based on the surrounding land uses, which are consistent with that proposed by this project. 13.b No major tree resources, rock outcroppings or historic buildings exist on the project site. The project site is not located on a scenic highway, but it will be required to meet design requirements along Rancho California Road to be consistent with existing development. This is a planning and design issue for which the City has established design guidelines and no adverse environmental impact or mitigation is required to ensure that the project conforms to local design guidelines. 13.c. The proposed project will be located adjacent to existing single-family units to the east of the project site. Design requirements will be imposed on the proposed project by application of standards in the Planned Development Overlay District in addition to the Community Design Element standards and design plan. - Based on the City's requirement to meet these design guidelines, the proposed project has no potential to substantially degrade the existing visual character of the site and surroundings, which is comprised of a combined urban/suburban visual setting. R:\D P\2000\oo-Q140 Village of Temecula\lnitlal Study.rtf 13.d The proposed project must meet the County's Palomar lighting Ordinance No. 655 requirements for no conflict with Palomar Observatory. Due to proximity to residential uses, the project will be conditioned to not create significant light and glare impacts onsite or impacting the surrounding area and uses. Implementation of this measure will ensure that no light or glare sensitive areas are exposed to significant light and glare impacts. 14. CULTURAL RESOURCES. Would the project: Issues and Supporting Information Sources P01entially Potentia/ly less Than No Significant Significant Significant ''''''''' ''''''''' Unless Mitigation ''''''''' Incornorated a. Cause a substantial adverse change in the signfficance of X a historical resource as defined in Section 1506.5? b. Cause a substantial adverse change in the significance of X an archaeoloaical resource pursuant to Section 1506.5? c. Directly or indirectly destroy a unique paleontological X resource or site or uniaue aeologic feature? d. Disturb any human remains, including those interred X outside of formal cemeteries? Comments: 14.a A cultural resources survey of the project site was conducted by Jean A. Keller and no historical resources are known to occur on the project site. Therefore, no potential exists for the proposed project to adversely impact such resources. 14.b The GPEIR sensitivity map for archaeological resources identified the project site as being within a sensitive area for archaeological resources. Jean A. Keller completed a survey of the site and no resources were discovered on the property. However, due to the potential for such resources to occur in the subsurface of the property, the following mitigation measure will be implemented: 14b.1 During initial grading and ground disturbance activities, a qualified cultura/ resources monitor shall be present and shall have the authority to stop and redirect ground disturbance activities to evaluate the significance of any cultural resources exposed. 14.b.2 If any cultural resources are exposed during initial grading and ground disturbance activities the City shall be contacted, and a qualified archaeologist shall evaluafe the resources. If discovered resources merit long-term consideration, adequate funding shall be provided to collect, curate and report these resources in accordance with standard archaeological management requirements. 14.b.3 If any human remains are encountered during initial grading activities, all ground disturbing activities in the vicinity of the discovery shall be terminated immediately and fhe County Coroner's office shall be contacted to manage such remains. Although the probability is low, any cultural resources discovered during site preparation and grading will be managed to ensure that all resource value is protected and preserved. With implementation of the above measures, the potential for significant cultural resource impact has been reduced to a level of no significance. 14.c The GPEIR sensitivity map for paleontological resources identified the project site as being within a sensitive area for paleontological resources. Due to the potential for such resources to occur on the property, the following mitigation measure will be implemented: R:\D Pl20001OO.Q 140 Village of T emeculaUn~ial Study.rtf 14.c.1 During excavation and hill-side cutting activities, a qualified paleontological monitor shall be present and shall have the authority to stop and fedirect grading activities to evaluate the significance of any paleontological resources exposed during the grading activity within the alignment. If paleontological resources are encountered, adequate funding shall be provided to collect, curate and report on these resources to the ensure the values inherent in the resources are adequately characterized and preserved. 14.d Please refer to the discussion in 14.a above. 15. RECREATION. Would the project: Issues and SUpporting Information Sources Potentially Potentially Less Than No Significant Significanl Significant ."""" ,,,,,,,,, UntessMitigation ,,,,,,,,, Inco.....orated a. Would the project increase the use of existing X neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Does the project include recreational facilities or require X the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Comments: 15.a The proposed project includes recreation areas as part of the project including swimming pool, clubhouse and play areas. Based on the inclusion of these recreational features as part of the proposed project, existing neighborhood park utilization is not forecast to increase significantly. The residents of the development are likely to increase demand for regional facilities, such as baseball diamonds, basketbali courts, etc. However, these are managed facilities where the individual users is typically integrated into existing leagues and the cumulative demand for such facilities is not forecast to increase substantially from implementing the proposed project. No significant adverse impact to recreational resources is forecast to occur from implementing the proposed project. 15.b Please refer to the discussion in 15.a above. R:\D P\2000\OO-Q140 Village of Temecula\lnitial Study.rtf 16. MANDATORY FINDINGS OF SIGNIFICANCE. Issues and SUpporting Information Sourc8li Potentially Potentially lass Than No S1gnifican1 Significant SiliJl'ificant ''''''''' ''''''''' Unless Mitigation ''''''''' IncO~ed a. Does the project have the potential to degrade the quality X of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California historv or prehistorv? b. Does the project have impacts that are individualiy limited, X but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current oroiects, and the effects of probable future projects? c. Does the project have environmental effects, which will X cause substantial adverse effects on human beings, either directlv or indirectly? Comments: 16.a-c The Temecula Village Development consists of a 160-unit apartment complex and 71,100 sq. ft. office/retail space that is proposed to be constructed on an infili parcel of land located on the south side of Rancho California Road, approximately 200 feet west of the intersection of Rancho California Road and Cosmic Drive. The proposed project is not consistent with the details of the City of Temecula General Plan and zoning designations as delineated on current land use and zoning maps. However, it is consistent with the concept of Village Center and Planned Development Overlay presented in the General Plan as a method of integrating multiple uses over a large site containing more than one land use or zoning designation. For the majority (eight of fifteen) of environmental issues discussed in this Initial Study Environmental Checklist Form (Land Use and Planning, Population and Housing, Geology and Soils, Mineral Resources, Hazards and Hazardous Materials, Public Services, Utilities and Service Systems, and Recreation) no potential for significant adverse impact has been identified and no project specific mitigation, other than standard conditions utilized by the City, will be required. For the remaining seven issues project specific mitigation will be required to ensure that implementation of the proposed project does not cause significant adverse physical changes in the environment. Specifically, mitigation is identified to control erosion and sedimentation on the site for Hydrology and Water Quality issues. Mitigation is established to prevent nuisance fugitive dust from impacting adjacent uses during construction. The project site contains coastal sage scrub habitat that was determined to be occupied by the California Gnatcatcher. Based on discussions with the U.S. Fish and Wildlife Service, this site will not be managed for long-term habitat and offsite compensation is the appropriate mitigation to reduce this impact to a level of no significance. The project's traffic is identified as having a potential to adversely impact the local circulation system and a combination of recently completed improvements and project specific improvements are required to ensure that the circulation system operates at acceptable levels of service in the future. The site is identified as having a potential for significant paleontological resources and the possibility of archaeological resources. Mitigation is identified to reduce the potential impacts to such resources to a no significant level of impact. Mitigation is also provided to reduce the nuisance noise, from evening/night-time uses on the project site, to a less than significant level. Finally, mitigation is identified to control potential commercial lighting impacts on adjacent residential property. Based on the evaluation contained in this Initial Study, the City proposes to adopt a Mitigated Negative Declaration as the appropriate environmental determination to comply with the California Environmental Quality Act (CEQA). A:\D P\2000\OO-0140 Village of Temecula\lnitial Study.rtf 17. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed In an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a. Earlier analvses used. Identifv earlier analvses and state where thev are available for review. b. Impacts adequately addressed. Identify which affects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed bv mitiaation measures based on the earlier analvsis. c. Mitigation measures. For effects that are 'Less than Significant with Mitigation Incorporated.' describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which thev address site-specific conditions for the proiect. SOURCES 1. CityofTemecula General Plan, 1993. 2. City of Temecula General Plan Final Environmental Impact Report, 1993. 3. South Coast Air Quality Management District CEQA Air Quality Handbook 4. 1999 Quino Checkers pot Butterfly Survey 45-Day Letter Report Rancho California Road Project, Merkel & Associates, Inc., June 10, 1999 5. Kading/Rancho California Road City of Temecula Biological Constraints Report, Merkel & Associates, Inc. June 4, 1999. 6. Revised Traffic Impact Analysis Temecula VillagefTemecula Ridge Development Temecula, California, Wilbur Smith Associates, August 28, 2000. 7. Temecula Village Planned Development Overlay, Markham Development Management Group, Inc., January 2001. 8. Drainage/Hydrology Study for Tentative Parcel Map No. 29140 Village Commercial and Apartments 9. San Diego Regional Water Quality Control Board Water Quality Control Plan (Basin Plan) 1997 10. Southern California Association of Governments 'Regional Comprehensive Plan and Guide", 1996 11. Phase I Cultural Resources Assessment -Temecula Ridge (PA99-0371), Jean A. Keller, 1999 12. Preliminary Noise Analysis for T emecula Ridge, Mestre Greve Associates, February 14, 2000. 13. Geotechnical Investigation Proposed Residential/Commercial Development City of Temecula, CHJ, Inc., June 8, 1999 14. Riverside County Flood Control District "Supplement A to the Riverside County Drainage Area Management Plans, and Attachment to Supplement A", 1996 15. Rancho California Water District, Steve Brannon, P.E., May 17, 2000 R:\D P\2000\OO-0140 Village of Temecula\lnitial Study.rtf @ Bancha Water BoltTciofDire<:ton; Dou'l'las V. Kulberl{ Pr"~l<i..m Georl(e:\-L Woods Sr. \"ice President Ralph H. Daily Li~a D. Herman Csaba F. Ko Scot! A. :\Iclnt)"re .Jeffrl'Y L :\llnkler Offk..rs: .John F. Henniltar G..n..rai :\Ianugef Phillip L Forbes Dir"(:,'r,,iFinanc... Tl"E'a~UTl'r E.P. "Bob" U!moltll Din>L'l<l1" 'Jf En~neeri~ K.mnl.'lh Co Dealy Din-n"!"oiOperati"ru; &.:\la.imenance Perry R. Louck C.mtfo:olJ.,r r ..-:-; ~: ~ i!1:i May 17, 2000 MAY 1 8 zOOO '''- -"--.". '---":"":':':"":::':'-:::':::.:."".::-."=-:..::.. Carole Donahoe, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY LOT NO. 24 OF TRACT NO. 3334 APN 944-290-012, APN 944-290-013 AND APN 944-290-014 PLANNING APPLICATION NO. PAOO-0149 Dear Ms. Donahoe: 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 requirements. Linda .'II. f'n'l(OSO Di""" '~,"'"~;Admini",.u,.< Water availability would be contingent upon the property owner signing an Sm"""M'""' Agency .Agreement that assigns water management rights, if any, to ('. :\tkhael Cowell Best Be"l & Kriegt'r u..P RCWD. G"n..ral C'Junst'1 If you have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT At-1A-<-'~ ~ Steve Brannon, P.E. Development Engineering Manager OO\SB:at066\FOI2- T3\FCF Hun(.'ho Califurnia WUI,'r District Ii id' JUN 0 9 2000 ~)/ , :y United States Department of the Interior Fish and Wildlife Service Ecological SelVices Carls bad Fish and Wildlife Office 2730 Loker Avenue West Carlsbad, California 92008 u.& ....... AW1LIlCDZ SE.'''''' ~ Carole Donahoe Case Planner City of Temecula Planning Department P.O. Box 9033 Temecula, California 92589-9033 MAY 3 1 2000 Re: Planning Application PAOO-OI49, City ofTernecula. Riverside COl.mty, California Dear Ms. Donahoe: We have reviewed Planning Application PAOO-0149, Village ofTemecula Apartments, Riverside County, California. We offer the following comments and recommendations on the biological resources that could be affected by the proposed project based on our knowledge of sensitive and declining species and habitat types in Riverside County. Weare concerned about "take" offederally listed species protected under the Endangered Species Act of 1973 (Act), as amended. Section 9 of the Act prohibits the take of any federally listed endangered species by any person subject to the jurisdiction of the United States. Take includes "harass" and "harm", as defined by section 3 of the Act. Harass in the definition of take means "an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering." Harm in the definition of take in the Act means "an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering." (see 50 CFR S 17.3). Take incidental to an otherwise lawful activity may be authorized under sections 7 or 10 of the Act. The proposed project is to construct a l60-unit, two-story apartment complex with clubhouse and pool. The project site is located on the south side of Rancho California Road, west ofCosrnic Drive in Riverside County. This area is known to support occupied habitat for the federally threatened coastal California gnatcatcher (Polioptila califo1'llica calif arnica, gnatcatcher), endangered Quino checkerspot butterfly (Euphydryas editha quina), and the endangered Stephens' kangaroo rat (Dipodomys stephensi, SKR). Populations of these species have been documented in the Rancho California area. If habitat, such as remnant coastal sage scrub, clay soils, or grasslands, occurs on the proposed project site, then the site may support listed species. Therefore, we recommend that focused sUlVeys occur within suitable habitat on site prior to any .. ... j. (' Carole Donahoe 2 ground disturbing activities. If these wildlife species occupy the project site, incidental take authorization likely will be required before the proposed project can proceed. The proposed project occurs within the boundary of the Stephens' kangaroo rat Habitat Conservation Plan. Compliance with the regional incidental take permit will be required prior to any ground disturbing activities. Ifwetlands are affected by the proposed project, an U.S. Army Corps of Engineers section 404 permit and/or California Department ofFish and Game 1600 permit may be required. We recommend that impacts to coastal sage scrub or any other sensitive resource be considered cumulatively significant and mitigated prior to any ground disturbing activities. We appreciate the opportunity to review and comment on the proposed project. If you have any questions or cornments please contact Ruth Olsen of my staff at (760) 431-9440. Sincerely, 11~~ ~ Jim A. Bartel Assistant Field Supervisor 1-6-00-NFTA-339 cc: Glenn Black (CDFG, Chino) j .j .fJ Mitigation Monitoring Program Project Description: Planning Application PAOO-0138 General Plan Amendment Planning Application PAOO-0139 Zoning Amendment Planning Application PAOO-0152 Tentative Parcel Map Planning Application PAOO-0140 Development Plan Location: Applicant: South of Rancho California Road, east of Cosmic Drive and west of Moraga Road intersection, (APN# 944-290-012, 013, & 014). The MJW Property Group, Barton L. Buchalter, 7131 Owensmouth Ave, Suite 6-0 Canoga Park, CA 91309-7961 Bioloqical Resources General Impact: Mitigation Measures: Specific Process: Mitigation Milestone: Responsible Monitoring Party: Affect endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals and birds). (1). The project developer shall acquire compensatory mitigation acreage oft the project site as discussed with the U.S. Fish and Wildlife SeNtce staft whose preference is for oft site mitigation at 3:1 ratio for costal sage scrub and a 1:1 ratio for undisturbed grassland, with appropriate endowments and protection of resources at the mitigation site. The developer shall provide the City with a copy of the incidental take permit issued for the proposed development prior to grading the project site. Planning staff will verify compliance with the above rnitigation rneasures as part of the grading plan check review process. Prior to the issuance of a grading perrnit. Department of Public Works and Planning Departrnent Hazards and Hazardous materials General Impact: Mitigation Measures: Create a significant hazard to the public or the environment through routine transportation, use, or disposal or hazardous materials. (2). Prior to authorization to begin operations by receiving fuel or other hazardous petroleum materials, the developer shall provide the City with the following materials: the Business Plan filed with the Department of Environmental Health that outlines how R:\D P\2000\OO..Q140 Village of Temecula\Mitigation Monitoring Program.doc 1 , .J. t~ ~' ~ . hazardous products will be safely delivered to the site; managed on the site; and removed from the site as hazardous waste, if any. This will include all safety measures required to minimize hazards and public healfh risks as outlined in the required spill prevention, response and countermeasures plan. All requirements for managing hazardous materials and wastes must conform to local and state public health and safety requirements established by the State Department of Toxic Substances Control. Riverside County and the City of Temecula. Specific Process: Planning staff will verify cornpliance with the above mitigation measures prior to the issuance of a building permit for uses producing hazardous materials (e.g. gas station). Mitigation Milestone: Prior to the issuance of a building permit. Responsible Monitoring Party: Riverside County Fire Department, Building and Safety Departrnent, Public Works Departrnent and Planning Department Cultural Resources Generallrnpact: Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 1506.5 Mitigation Measures: (3). During initial grading and ground disturbance activities, a qualified cultural resources monitor shall be present and shall have the authority to stop and redirect ground disturbance activities to evaluate the significance of any cultural resources exposed. (4). If any cultural resources are exposed during initial grading and ground disturbance activities the City shall be contacted, and a qualified archaeologist shall evaluate the resources. If discovered resources merit long-term consideration, adequate funding shall be provided to collect, curate and report these resources in accordance with standard archaeological management requirements. (5). If any human remains are encountered during initial grading activities, all ground disturbing activities in the vicinity of the discovery shall be terminated immediately and the County Coroner's office shall be contacted to manage such remains. Specific Process: Planning staff will verify compliance with the above mitigation measures as part of the grading and building plan check review process. R:\D P\2000\OO-0140 Village of Temecula\Mitigation Monitoring Program.doc 2 A ...;. ~~ . " v Mitigation Milestone: Responsible Monitoring Party Cultural Resources (cont.) Generallrnpact: Mitigation Measures: Specific Process: Mitigation Milestone: Responsible Monitoring Party Prior to the issuance of a building permit. Department of Public Works and Planning Department Directly or indirectly destroy a unique paleotological resource or site or unique geological feature. (6). During excavation and hill-side cutting activities, a qualified pa/eontological monitor shall be present and shall have the authority to stop and redirect grading activities to evaluate the significance of any paleontological resources exposed during the grading activity within the alignment. If paleontological resources are encountered, adequate funding shall be provided to collect, curate and report on these resources to ensure that the values inherent in the resources are adequately characterized and preserved. Planning staff will verify compliance with the above mitigation measures as part of the grading plan check review process. Prior to the issuance of a grading permit. Department of Public Works and Planning Department General Impact: Mitigation Measures: Specific Process: Mitigation Milestone: Responsible Monitoring Party Disturb any hurnan remains, including those interred outside of formal cemeteries. (7). If any human remains are encountered during initial grading activities, all ground disturbing activities in the vicinity of the discovery shall be terminated immediately and the County Coroner's office shall be contacted to manage such remains. Planning staff will verify compliance with the above mitigation rneasures as part of the grading and building plan check review process. During any ground disturbance and prior to the issuance of a building permit. Department of Public Works and Planning Department R:\D P\2000100-0140 Village of TemeculalMitigation Monttoring Program.doc 3 ATTACHMENT NO.2 DRAFT RESOLUTION APPROVING A GENERAL PLAN AMENDMENT R:ID P12000l00-0140 Village of TemeculalCC Agenda Report.doc .~,- 6 RESOLUTION NO. 02-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PAOO-0138, A GENERAL PLAN AMENDMENT TO REALIGN THE PROFESSIONAL OFFICE (PO) AND MEDIUM DENSITY RESIDENTIAL (M) LAND-USE DESIGNATION BOUNDARIES OF A 23 ACRE SITE; GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD, WEST OF COSMIC ROAD AND EAST OF THE MORAGA ROAD INTERSECTION OF RANCHO CALIFORNIA ROAD KNOWN AS ASSESSORS PARCEL NO(S). 944-290-012, 013,014, BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT. THE CITY COUNCil OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOllOWS: Section 1. The City Council of the City of Temecula does hereby find, deterrnine and declare that: A. MJW Property Group filed Planning Application Nos. PAOO-0138, General Plan Arnendment, PAOO-0139, Zone Change, PAOO-0140, Development Plan, and PAOO-0152, Tentative Parcel Map, for the property consisting of approximately 23 acres generally located south of Rancho California Road, west of Cosmic Road and east of the Moraga Road intersection of Rancho California Road known as Assessors Parcel No(s). 944-290-01 2, 013, AND 014 ("Project"). B. The applications for the Project were processed and an environmental review was conducted as required by law, including the California Environmental Quality Act. C. The Planning Commission of the City of Temecula held a duly noticed public hearing on February 20, 2002 to consider the applications for the Project and environmental review. D. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Comrnission adopted Resolution No. 2002-003 approving a Mitigated Negative Declaration and Mitigation Monitoring Plan for the Project, Tentative Parcel Map and Development Plan for the Project and recornmended that the City Council approve of a General Plan Amendment and zone change for the Project. E. On June 25, 2002, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these rnatters. F. On June 25, 2002, the City Council of the City of Temecula approved a Mitigated Negative Declaration and a Mitigation Monitoring Program for R:/Resos 2002lResos 02-_ Section 2. findings: A. B. C. the Project when it adopted Resolution No. 02-_ entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM BASED ON THE INITIAL STUDY AND ADOPTION OF THE ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR PAOO-0138, PAOO-0139, PAOO-0140 AND PAOO-0152, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD, WEST OF COSMIC ROAD AND EAST OF THE MORAGA ROAD INTERSECTION OF RANCHO CALIFORNIA ROAD KNOWN AS ASSESSORS PARCEL NO(S). 944-290-012,013, AND 014." The City Council of the City of Temecula hereby makes the following The Project, including the General Plan Amendrnent, is compatible with the health, safety and welfare of the community. The Project, including the General Plan Arnendrnent has been reviewed and deterrnined to be in conforrnance with the City's General Plan. These docurnents set policies and standards that protect the health, safety and welfare of the community. Access and circulation are adequate for emergency vehicles. The Project, including the General Plan Amendment, is compatible with surrounding land uses. The Project, including the General Plan Amendment, will not have an adverse effect on the comrnunity 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 and represents a relocation of existing land uses. Section 3. The official "General Plan Land Use Map" of the General Plan of the City of Ternecula is hereby amended to realign the Professional Office (PO) and Medium Density Residential (M) land-use designation boundaries of a 23 acre site, generally located south of Rancho California Road, west of Cosrnic Road and east of the Moraga Road intersection of Rancho California Road known as Assessors Parcel Nos. 944-290-012, 013, 014 as shown on Exhibit A, attached hereto, and incorporated by reference and made a part hereof. Section 4. The City Clerk shall certify to the adoption of this Resolution. R /Resos 2002lResos 02. 2 PASSED, APPROVED AND ADOPTED this 251h day of June, 2002. Ron Roberts, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Ternecula, do hereby certify that Resolution No. 02-_ was duly and regularly adopted by the City Council of the City of Ternecula at a regular meeting held on the 25'h day of June, 2002, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2002lResos 02-_ 3 [JJt1fi'S/~, Exhibl't A ~1it~~\I+ ,,\\W~ TIm J-~~w~~ ~~~,,\~,~~~jfk T,c-lf; 1f:\\Vi ' eel \ I j "J ), " ~ - -!\ II I IhT" :\\1'\'1 'if ,_:I )\'-- II I ~- '07. III T T \~~-~ I\' ",(11),1" \ \~1J<<~ ~?::t.J/ I I IT ,ir~r i<\?'XY ,y I \(\\\\' ,\0,Q's2;]" If 7f-111b--l=t, _ ~ Uj 0; ~ _,_ \\1 ~ 11" v q, 'Tv 'I J II I TT ,-' ' v ~ K\:;- ,- \- '- '~Iili _ _ ? ~ ~~ 'i I ,,{t'iE-y ~ f-- e--- ~ all::-1:./ \ cc=~, ::;// ~rffi0i> ~lI\r ~ ~ cv1 j)i/Ifi ~'/lIl1ljj, / _ t:: II n ImM 'mLQi11] -=-~-::::c=--::! ' c\~ /c~'6r)ff-i L1 I ~ I-,! fl/irr \~ - W :::;~TllT II IT~ ~"1 ~, IE '~I~' ~f!! - 1f1~~i~ ~ J-- ..~ Tj~~~' i -e '- 'c F' ~ II>> \. J I ,\ \-Nli" Q'tW >>-- '\ , ~~-~'~ -;/f- CC'- iW IT ~ "\;?-~O ~ L- I-D:' 'y \ ,,1 '(' v--J 1=, f- ,e.fc >--J-))-;': , ;{ ILrm-C-' df ~21 c= - C""ejc< H ~~ @:", 0<~':cI :c-~' ~: ~ ~~~C}f0,~ ~ ~,~~~ :::::-- /' ~ /I ATTACHMENT NO.3 DRAFT ORDINANCE APPROVING ZONE CHANGE AND PDO DOCUMENT RID P\2000l00-0140 Village ofTemeculalCC Agenda Report.doc 7 ORDINANCE NO. 02-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION PAOO- 0139 A CHANGE OF ZONE FROM PROFESSIONAL OFFICE (PO) AND MEDIUM DENSITY RESIDENTIAL (M) TO PLANNED DEVELOPMENT OVERLAY (PDO), AND THE STANDARDS AND REGULATIONS CONTAINED IN THE ACCOMPANYING PDO DOCUMENT, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD, WEST OF COSMIC ROAD AND EAST OF THE MORAGA ROAD INTERSECTION OF RANCHO CALIFORNIA ROAD KNOWN AS ASSESSORS PARCEL NO(S). 944-290-012, 013,014. THE CITY COUNCil OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOllOWS: Section 1. declare that: E. F. R:/Resos 2002lResos 02,_ The City Council of the City of Ternecula does hereby find, determine and A. MJW Property Group filed Planning Application Nos. PAOO-0138, General Plan Amendrnent, PAOO-0139, Zone Change, PAOO-0140, Development Pian, and PAOO-0152, Tentative Parcel Map, for the property consisting of approximately 23 acres generally located south of Rancho California Road, west of Cosmic Road and east of the Moraga Road intersection of Rancho California Road known as Assessors Parcel No(s). 944-290-01 2, 013, AND 014 ("Project"). B. The applications for the Project were processed and an environmental review was conducted as required by law, including the California Environmental Quality Act. C. The Planning Commission of the City of Temecula held a duly noticed public hearing on February 20, 2002 to consider the applications for the Project and environmental review. D. Following consideration of the entire record of inforrnation received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2002-003 approving a Mitigated Negative Declaration and Mitigation Monitoring Plan for the Project, Tentative Parcel Map and Developrnent Plan for the Project and recomrnended that the City Council approve of a General Plan Arnendrnent and zone change for the Project. On June 25, 2002, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. On June 25, 2002, the City Council of the City of Temecula approved a Mitigated Negative Declaration and a Mitigation Monitoring Program for Section 2. findings: A. B. C. the Project when it adopted Resolution No. 02-_ entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM BASED ON THE INITIAL STUDY AND ADOPTION OF THE ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR PAOO-0138, PAOO-0139, PAOO-0140 AND PAOO-0152, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD, WEST OF COSMIC ROAD AND EAST OF THE MORAGA ROAD INTERSECTION OF RANCHO CALIFORNIA ROAD KNOWN AS ASSESSORS PARCEL NO(S). 944-290-012,013, AND 014." The City Council of the City of Temecula hereby makes the following The Project, including the zone change and text amendment, is compatible with the health, safety and welfare of the community. The Project, including the zone change and text amendment, 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 Project, including the zone change and text amendrnent, is compatible with surrounding land uses. The Project, including the zone change and text amendment, will not have an adverse effect on the cornmunity because it remains consistent with the goals and policies of the adopted General Plan. Section 3. The City Council hereby amends the Official Zoning Map for the City of T emecula as follows: A. For the parcel identified as APN # 944-290-012, change the zoning designation from Professional Office (PO) to Planned Development Overlay (PDO 5), as shown on Exhibit A, attached hereto and incorporated herein as though set forth in full. B. For the parcel identified as APN # 944-290-013, change the zoning designation from Professional Office (PO) to Planned Development Overlay (PDO 5), as shown on Exhibit A, attached hereto and incorporated herein as though set forth in full.. C. For the parcel identified as 944-290-014, change the zoning designation from Medium Density Residential (M) to Planned Development Overlay (PDO 5), as shown on Exhibit A, attached hereto and incorporated herein as though set forth in full. Section 4. The City Council hereby amends Chapter 17.22 of the Temecula Municipal Code by adding thereto the Villages of Ternecula Planned Development Overlay District as Sections 17.22.140 through 17.22.149, inclusive, of the Temecula Municipal Code, as R:/Resos 20Q2IResos 02"_ 2 said sections are set forth in the document attached hereto as Exhibit B to this Ordinance and incorporated herein as though set forth in full. 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 in the manner required by law. PASSED, APPROVED AND ADOPTED this 111h day of July, 2002. Ron Roberts, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] 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. 02-_ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 25'h day of June, 2002, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 111h day of July, 2002 by the following VOTE, to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2002lResos 02-_ 3 ~ ~ ~~ _, ,Exhibit A ~~c~ 71fJ,K I~'" '~~ 1'1' )(0 II ~ "= r I J- ::::?X \ ~ 'r!JJ ~'}'" / ~ I -l07; \ j"~ ,[\w"(' ,W "1'1' = " j T I I I ' TI\ ",,~\IY ~C'-::'~n:1\ II/'~ 1:", TIT \YO '-n\~Jl: ,)', T L _, .. -v>rl'5 ~ ~ :r' \--0/< Y IlV dill Tfy -rl -T \ ,'V/ \- ~;/ ::::. v' ,.~ ~\ ::.::::: III '10V'" = ~___~wvl 'Jl BB e- ~ .. - n ,,,,-,~ ' - ~~ I 'L~~~-----O' I-' -,--J--- ~ Tf\ S 1/ J::.t h= \ ,IT 11 Ifj. UlITi' \ I \ -"" '-I J5jj j::f:f II m: ~ _ \;N~~~ ~J lJIi1i --==---.J n ,:c - IliIclhry _________ ilTl -I L [(rrrrrF 1-) L L LJ~, \ \ IT ffiTn b- I \ T' 'f U ~ lI7;=;: \i It---j ~~ -.::::::::: '0./ \-l --i '-1/ "o' T "':S '\ \' . T 1-t11--L/"V\ Y '\ ____ ,_.- 1/ '?if!'> ;, r r;jYOw,y ee h'>' e\)J ~ P I i \ I ;0,T ff \Ye:\. '- 11 ~ ,.Yri/~ \ \ \ \ ~ I ~\^~)-; l: ,~ \ TTII \~y I' 'Y1<.' ,,0) :x / 7"C ,~" ~..-cl--T ;;;/7/'f,iP):'''' w/,ltF! :\ II II /-01 T:0 t'fl. ~ ~O ~k~\ - v ',r-,;c"J. iX-; I ,-rr:1fN /--_' Ie'- rem ClJ., .j)( e:: if-t:SJ., ~-L. II" ~,n \, \ ra~~'~' '= C=" cf'i ^ ~ ~w:'-...r r\\ 'F' W ;.c .=,::1 _, ~ c ~ J~- .~ ~~w -> 1 :f<Y-A~ ~. /I ~ \ l- ::-- :--~, .'. --l ~ J - n () ) j Errata Sheet - Planning Commission Modifications Planning Application No. PA 00-0139 Temecula Village Planned Development Overlay (PDO) . The Planning Commission made the following recommendations to the City Council pertaining to Planning Application No. 00-0139 (Planned Development Overlay - PDO) at their meeting of February 22, 2002: Table 17.22.1XX (Schedule of Permitted Uses) - 00.7 throuah 14 · Aerobicsldance/gymnastics/martial arts studios (less than 5,000 square feet): delete "CO from Sub Area A and change "PO to "C' in Sub Area B. · Animal Hospital (indoor only): delete "Po from Sub Area B. · Appliance sales and repairs (household and small appliances): delete "Po from Sub Areas A and B. · Automobile parts - sales: delete "Po from Sub Areas A and B. · Bowling alley: delete "Po from Sub Area B. · Community care facilities, less than 5,000 square feet: delete "Po from Sub Areas A, Band C. · Congregate care housing for the elderly, less than 5,000 square feet: delete "Po from Sub Areas A, Band C. . · Fumiture sales: delete "Po from Sub Area B. · Garden supplies and equipment sales and service: delete "CO from Sub Area B. · Grocery store, retail & specialty less than 10,000 sq. ft.: change "Po to "C' in Sub Area B. · Health and exercise clubs (less than 5,000 sq. ft.): delete "C' from Sub Area A and change "Po to "C' in Sub Area B. · Laboratories, film, medical, research or testing center: delete "research or testing centers' from Description of Use and add .P'to Sub AreaS. · Nursing homes/convalescent homes, less than 5,000 sq. ft.: delete .C. from Sub Areas A, Band C. · Parcel deliverY services: delete .p. from Sub Areas A and B. · Public utility facilities (Regulated by the Public Utilities Commission): delete "C' from Sub Areas A and B. · Senior citizen housing (see also congregate care): delete .p. from Sub Areas A, B andC. · Swimming pool supplies/equipment sales: add "no outdoor storage' to Description of Use. · Temporary real estate tract offices: delete "Po from Sub Area A, Band C. · Wedding chapels: delete "PO from Sub Area B. 1 Section 17.22.1XX. 8.2 (Pedestrian Linkaaes) - 0.17 . The 1st bullet item shall be revised to reaej: "Two (2) pedestrian linkages shall be provided between Sub Area 8 and Sub Area C. In addition to the pedestrian linkage depicted on Exhibit 8 (Sidewalk Plan). a pedestrian linkage shall be provided to the east of the drive lane that connects Sub Area 8 to Sub Area C". Section 17.22.1XX 8.7.A.1 (Sianaae Proaram) - 0.35 . Delete last bullet Item: "Individual plastic channel letters". () (-' , ) ~) 2 Exhibit B Temecula Village Planned Development Overlay R:\D P\2000\OO-0140 Village ofTemecula\Temecula Village PDQ - PC Changes.doc I 17.22.140 17.22.142 17.22.143 17.22.144 17.22.146 17.22.148 17.22.150 17.22.152 17.22.154 17.22.156 Temecula Village Planned Development Overlay District Chapter 17.22, Sections 17.22.140 through 17.22.156 Table of Contents Title Purpose and Intent Project Vision Relationship With Development Code and Citywide Design Guidelines 1. Development Standards 2. Design Guidelines 3. Approval Authority Use Regulations Schedule of Permitted Uses Design Standards and Setback Standards Vehicular Circulation Systern Standards Architectural and Landscape Design Standards Incorporation of Exhibits Exhibit 17.22.156 A. Conceptual Site Plan and Sub Area Map Exhibit 17.22.156 B. Sidewalk Plan Exhibit 17.22.156 C. Landscape Plan and Section Legend, Plans and Sections Exhibit 17.22.156 D. Conceptual Building Elevations" Exhibit 17.22.156 E. Color and Material Board Exhibit 17.22.156 F through ff Exhibits Attached to Application Text of new section 17.22.156: "17.22.156 Incorporation of Exhibits. All development within the Temecula Village Planned Development Overlay District shall conform and comply with the requirernents set forth in the following Exhibits, which exhibits are on file in the Official Records of the City Clerk and incorporated herein by this reference as though set forth in full and which are also reduced in size to be included in the Zoning Code Text: Exhibit 17.22.t56 A. Conceptual Site Plan and Sub Area Map Exhibit 17.22.156 B. Sidewalk Plan Exhibit 17.22.156 C. Landscape Plan and Section Legend, Plans and Sections Exhibit 17.22.156 D. Conceptual Building Elevations Exhibit 17.22.156 E. Color and Material Board Exhibit 17.22.156 F through ff Exhibits Attached to Application" R:\D P\2000\OO-OI40 Village of Temecula\Temecula Village POD. PC Changes.doc 2 TEMECULA VILLAGE PLANNED DEVELOPMENT OVERLAY DISTRICT 17.22.140 TITLE. Sections 17.22.140 through 17.22.156 shall be known as "PDO-5" (Temecula Village Planned Developrnent Overlay District). 17.22.142 PURPOSE AND INTENT The Temecula Village Planned Developrnent Overlay District (PDO-5) is intended to provide regulations for the safe and efficient operation, and creative design of a unique office/retail and residential area within the City. PDO-5 encompasses 22.97 acres and is located on the south side of Rancho California Road, approximately 200 feet west of the intersection of Rancho California Road and Cosmic Way. PDO-5 has been divided into three distinctive sub areas, as depicted on Exhibit A (Conceptual Site Plan & Sub Area Map). Sub Area A consists of office/retail property which irnmediately abuts existing single-family residential to the east. Sub Area B consists of the remainder of the office/retail area. Sub Area C consists of M (Medium Density Residential, 7-12 dwelling units/acre) which encompasses the rear portion of the site and abuts existing single- family residential to the south. The PDO area is surrounded by existing single-family development to the northeast, east and south and multi-family development to the northwest. The property to the west is currently vacant, but zoned M (Medium Density Residential, 7-12 dwelling units/acre). This special overlay zoning district regulation is intended to permit a range of neighborhood convenience uses, which are compatible and complimentary to the existing residential development and M (Medium Density Residential, 7-12 dwelling units/acre) proposed as part of the PDO. Performance standards, in addition to those referenced from the City's Development Code and City-wide Design Guidelines, have been provided to ensure internal project compatibility as well as compatibility with the adjacent single-family residential development and to protect these adjoining uses from excessive noise, odor, smoke, toxic materials, and other potentially objectionable impacts. It is the intent of the City to use these special regulations to supplement the regulations of land uses and development already existing within the adopted Development Code. (Ord. 99-03 !}2) 17.22.143 PROJECT VISION The Temecula Village Planned Development Overlay District (PDO) is intended to provide a comprehensive planning approach to the development of 22.97 acres. As discussed above, the project has been divided into three distinctive sub-areas, which have been created to foster an overall development to serve the needs of existing and future residents. While it is not feasible to create a pure "Village Center" at this location because the project is considered "in-fill," the project will include many design features, which are found in a Village Center. These features include: pedestrian scale of development, unique signage, gathering places, transit provisions and neighborhood serving uses. This is accomplished through its design, development standards, permitted and conditionally permitted uses and guidelines that will be irnplemented at the Development Plan stage. R:\D NOOO\OO-Ol40 Village of Temecula\Temecula Village PDO . PC Changes.doc 3 Sub Areas A & B comprises the officelretail component of the project. Uses in Sub Area A have been selected which provide support services to existing and future residents. These uses are limited in size and scope and are intended to be compatible with the existing single-family residential to the east. Single story elevations have been included to help to create a pedestrian scale. Drive-through facilities have been prohibited in Sub Area A. This area will also provide a place for existing and future residents to work. Uses in Sub Area B have been chosen that cater to both the pedestrian and the automobile. Existing and future residents, as well as passing motorists will be able to utilize potential services provided in this area. Some auto-oriented uses are permitted in Sub Area B. This is a necessary component to the project, as it will serve to internalize vehicle trips and reduce vehicle trips to auto-oriented services along Rancho California Road. Sub Area C is the residential component of the PDO. A total of one hundred sixty (160) units may be developed in this area. As depicted on Exhibit A, multi-family residential development is envisioned in this Sub Area, although other residential and limited non- residential uses are also envisioned in this Sub Area (reference Section 17.22.146, Use Regulations). Large landscaped buffer areas have been provided between this Sub Area and the existing single-family development to the east and south. Several obstacles to pedestrian access exist within the Sub Areas, as well as to the existing single-farnily residential to the east and south, the existing multi-family residential to the north (across Rancho California Road) and to planned multi-family residential development to the west. A comprehensive sidewalk plan, which has been coordinated with the landscape plan, is included as Exhibit B (Sidewalk Plan). This plan will foster pedestrian access within the site. When coupled with the existing/proposed pedestrian network, obstacles to pedestrian movement will be greatly reduced. 17.22.144 RELATIONSHIP WITH THE DEVELOPMENT CODE AND CITYWIDE DESIGN GUIDELINES A. The list of permitted, conditionally permitted, and prohibited uses for the Temecula Village Planned Development Overlay District is contained in Table 17.22.148. B. Except as modified by the provisions of Section 17.03.050, the following rules and regulations shall apply to all planning applications in this area. 1. Development Standards. a. The development standards in the Development Code (Chapter 17.08) that would apply to any development within a Neighborhood Commercial zoning district that are in effect at the time an application is deemed complete for Sub Area A. b. The development standards in the Development Code (Chapter 17.08) that would apply to any development within a Community Comrnercial zoning district that are in effect at the time an application is deemed complete for Sub Area B. R:\D P\2000\OO-014O Village ofTemecula\Temecula Village PDQ - PC Changes.doc 4 c. The development standards in the Development Code (Chapter 17.06) that would apply to any development within a Medium Density Residential zoning district that are in effect at the time an application is deemed complete for Sub Area C. This includes site open space and private open space requirements, as well as overall project density. d. Off-Street Parking and Loading Requirements per Chapter 17.24 of the Development Code will apply to Sub Areas A, B & C. e. Water Efficient Landscape Design Requirements per Chapter 17.32 of the Development Code will apply to Sub Areas A, B, and C. 2. Design Guidelines. The City-Wide Design Guidelines that are in effect at the time an application is deemed complete. a. Chapter 3 (General Commercial Design Guidelines) and Chapter 4 (Specific Commercial Development Type Design Guidelines) for Sub Area A and Sub Area B. b. Chapter 5 (Multi-Family Residential Design Guidelines) for Sub Area C. 3. Approval Authority. The Conceptual Site Plan is depicted in Exhibit A. Approximate building square footage and location, as well as approximate location of parking, drive lanes, access points and landscaping, are shown on this Exhibit. Conformance with Exhibit A, as well as the provisions contained below will allow the Approval Authority for projects approved under PDO-5 as follows: a. Permitted uses, which are within Sub Area A and Sub Area B of PDO-5, and are consistent with the provisions contained within PDO-5, shall be a staff level approval and shall not require a noticed public hearing. Those permitted uses found to not be consistent with the above shall be heard by the Planning Director at a noticed public hearing. b. Conditionally Permitted uses, which are within Sub Area A and Sub Area B of PDO-5, and are consistent with the provisions contained within PDO- 5, shall be approved by the Planning Director and will require a noticed public hearing. c. The approval requirements contained in the Development Code that are in effect at the tirne an application is deemed complete for Permitted and Conditionally Permitted Uses within Sub Area C. 4. Any other relevant rule, regulation or standard that is in effect at the time an application is deemed complete. (Ord. 99-03 9 2) R:\D P\2000\OO-Ol40 Village of Temecula\TemecuIa Village PDQ - PC Changes.doc 5 17.22.146 USE REGULATIONS The list of permitted land uses for the Temecula Village Planned Development Overlay district is contained in Table 17.22.148. Where indicated with a letter "P" the use shall be a permitted use. A letter "COO indicates the use shall be conditionally permitted subject to the approval of a conditional use permit. Where indicated with a "-", the use is prohibited within the zone. R:\D P\2000\00..()I40 Village of Temecula\Temecula Village PDQ. PC Changes.doc 6 Table 17.22.148 Schedule of Permitted Uses Temecula Village Planned Development Overlay District Description of Use A I B I c A Adult business - - - Aerobicsldance/gymnasticsljazzercise/martial arts studios (less C PC than 5,000 sq. ft.)' - Aerobics/dance/gymnastics/jazzercise/rnartial arts studios (greater - p than 5,000 sq. ft.)' - Airports - - - Alcoholism or drug treatment facilities - - - Alcohol and drug treatment (outpatient) - - - Alcoholic beverage sales'- - C - Ambulance services - - - Anirnal hospital (indoor only) - P - Antique restoration - C - Antique sales . p p - Apparel and accessory shops p P - Appliance sales and repairs (household and small appliances) P P - Arcades (pinball and video games) - - - Art supply stores p p - Auction houses - - - Auditoriums and conference facilities - C - Automobile dealers (new and used) - - - Automobile sales (brokerage)-showroom only (new and used)-no - - outdoor display - Automobile Oil Change/Lube Services with no major repairs - - - Automobile painting and body shop - - - Automobile repair services - - - Automobile rental - C - Automobile salvage yardslirnpound yards - - - Automobile service stations - p - Automotive parts -sales P P - Automotive service stations selling beer and/or wine - with or - - without an automated car wash 1 - B Bakery goods distribution - - I - R:\D P\2000\00-Ol40 Village of Temecula\Temecula Village POO - PC Qumges.doc 7 Table 17.22.148 Schedule of Permitted Uses Temecula Village Planned Development Overlay District Description of Use A B C Bakery retail - p - Bakery wholesale - - - Banks and financial institutions, without drive-through p p - Banks and financial institutions, with drive-through - p - Barber and beauty shops p P - Bed and breakfast - C - Bicycle (sales, rentals, services) p p - Billiard parlor/pool hall - - - Binding of books and similar publications - - - Blood bank p p - Blueprint and duplicating and copy services - p - Bookstores p p - Bowling alley - p. - Building material sales - - - Butcher shop - p - C Cabinet shop - - - Camera shop (sales/minor repairs) P P - Candy/confectionery sales P P - Car wash, full service - - - Carpet and rug cleaning - - - Catering services - P - Clothing sales P P - Coins, purchase and sales P P - Cold storage facilities - - - Comrnunications and microwave installations - - C Communications equipment sales - C - Comrnunity care facilities, less than 5,000 square feet> P. P. P. Computer sales and service P P - ConfJregate care housing for the elderly, less than 5,000 square P. P. P. feee Construction equiprnent sales, service or rental - - - Contractor's equipment, sales, service or rental - - - Construction trailer P P P R\D P\2000\OO-Ol40 Village of Temecula\Temecula Village POO - PC Changes.doc 8 Table 17.22.148 Schedule of Permitted Uses Temecula Village Planned Development Overlay District Description of Use A B C Convalescent facilities, less than 5,000 square feet> - C P Convenience market' - - - Costume rentals p p - Crematoriums - - - Cutlery sales - p - D Data processing equiprnent and systems C C - Day care centers - C C Delicatessen C p - Discount/department store - - - Distribution facility - - - Drug store/pharmacy p p - Dry cleaners, no drive through p p - Dry cleaning plant - - - E Emergency shelters - - - Equipment sales and rentals (no outdoor storage) - p - Equipment sales and rentals (outdoor storage) - - - F Family day care homes (small and large) - - p Feed and grain sales - - - Financial, insurance, real estate offices p p - Fire and police stations - - - Floor covering sales - p - Florist shop p P - Food processing - - - Fortune telling, spiritualism, or similar activity - - - Freight terrninals - - - Fuel storage and distribution - - - Funeral parlors, mortuary - - - Furniture sales - p - Furniture transfer and storage - - - R:\D P\2000\OO-Ol40 Village of Temecula\Temecula Village PDQ - PC Olanges.doc 9 Table 17.22.148 Schedule of Permitted Uses Temecula Village Planned Development Overlay District Description of Use A I B I c G Garden supplies and equiprnent sales and service - e - Gas distribution, meter and control station - - - General merchandise/retail store less than 10,000 sq. ft.* C P - Glass and mirrors, retail sales - p - Governmental offices, less than 5,000 sq. ft.* C p - Granny Flat - - p Grocery store, retail & specialty less than 10,000 sq. ft. - PC - Grocery store, wholesale - - - Guest House - - p Guns and firearm sales - - - H Hardware stores, less than 2,000 square feet' P P - Health and exercise clubs (less than 5,000 sq. ft.)' e PC - Health and exercise clubs (greater than 5,000 sq. ft.)' - P - Health food store C P - Health care facility, less than 5,000 square feet' P P C Heliports - - - Hobby supply shop P P - Home and business maintenance service - - - Hospitals - - - Hotels/motels - - - I Ice cream parlor P P - Impound yard - - - Interior decorating service P P - J Junk or salvage yard - - I - K Kennel - - I - R:\D P\2000\00-Ol40 Village of Temecula\Temecula Village PD~ - PC Changes.doc 10 Table 17.22.148 Schedule of Permitted Uses Temecula Village Planned Development Overlay District Description of Use A B C L Laboratories, film, medical, research er testiRg ceRters - p - Laundromat p p - Laundry service (commercial) - - - Libraries, museums and galleries (private) C p - Liquefied petroleurn, sales and distribution - - - Liquor stores and wine shops 1 - C - Lithographic service - - - Locksmith p p - M Machine shop - - - Machinery storage yard - - - Mail order businesses p p - Manufactured homes - - p Manufacturing of products sirnilar to, but not limited to, the Following: Custorn-made product, processing, assembling, - - - packaging, and fabrication of goods within enclosed building (no outside storage), such as jewelry, furniture, art objects, clothing, labor intensive manufacturing, assembling, and repair processes which do not involve frequent truck traffic. Compounding of materials, processing, assembling, - - - packaging, treatment or fabrication of materials and products which require frequent truck 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 of unrefined, raw or semi refined products requiring further processing or manufacturing, and outside storage. Uses under 20,000 sq. ft. with no outside storage - - - Massage - - - Medical equipment sales/rental p p - Membership clubs, organizations, lodges - - - R:\D P\2000\00-Ol40 Village of Temecula\Temecula Village POD. PC Changes.doc 11 Table 17.22.148 Schedule of Permitted Uses Temecula Village Planned Development Overlay District Description of Use A B C Mini-storage or mini-warehouse - - - Mobile home sales and service - - - Motion picture studio - - - Motorcycle sales and service - - - Movie theaters - C - Musical and recording studio - C - N Nightclubs/tavems/bars/dance club/teen club' - C - Nurseries (retail) - C - Nursing hornes/convalescent homes, less than 5,000 square feet' G G G 0 Office equipment/supplies, sales/services C P - Offices, administrative or corporate headquarters with greater than - C 50,000 sq. It: - Offices, professional services with less than 50,000 sq. It., including, but not limited to, business law, medical, dental, P P - veterinarian, chiropractic, architectural, engineering, real estate, insurance' P Paint and wallpaper stores - P - Parcel delivery services p p - Parking lots and parking structures, appurtenant to the primary C C - use Pawnshop - P - P~rsonal service shops P P - Pest control services - - - Pet grooming/pet shop P P - Photographic studio P P - Plumbing supply yard (enclosed or unenclosed) - - - Postal distribution - - - Postal services P P - Printing and publishing (newspapers, periodicals, books, etc.) - C - Private utility facilities (Regulated by the Public Utilities G G Comrnission) - R:\D NOOO\OO-Ol40 Village of Temecula\Temecula Village POO - PC Changes.doc 12 Table 17.22.148 Schedule of Permitted Uses Temecula Village Planned Development Overlay District Description of Use I A B I c Q Reserved - - - R Radio and broadcasting studios, offices P P - Radio/television transmitter - - - Recreational vehicle parks - - - Recreational vehicle sales - - - Recreational vehicle, trailer, and boat storage within an enclosed - - building - . Recreational vehicle, trailer and boat storage-exterior yard - - - Recycling collection facilities - p - Recycling processing facilities - - - Religious institution, without a day care or private school C C C Religious institution, with a private school C C - Religious institution, with a day care C C - Residential (one dwelling unit on the same parcel as a commercial C C or industrial use for use of the proprietor of the business) - Residential, multiple-family housing - - P Residential, single-family detached - - p Residential, duplex - - P Residential, single-family attached (greater than two units) - - P Residential care facilities for the elderly C C P Restaurant, drive-in/fast food - C - Restaurants and other eating establishments C P - Restaurants with lounge or live entertainment' - C - Retail support use (15 percent of total development square - - footage in BP and L1) - Rooming and boarding houses - C p S Scale, public - - - Schools, business and professional C C - Schools, private (kindergarten through Grade 12) C C - Scientific research and development offices and laboratories - - - Senior citizen housing (see also congregate care) < p p p R:\O P\2000\OO-014O Village of Temecula\Temecula Village PDQ - PC Changes.doc 13 Table 17.22.148 Schedule of Permitted Uses Temecula Village Planned Development Overlay District Description of Use A B C Solid waste disposal facility - - - Sports and recreational facilities - - - Swap Meet, entirely inside a permanent building - - - Swap Meet, outdoor - - - Swimming pool supplies/equipment sales - p - T Tailor shop p p - Taxi or limousine service - - - Temporary real estate tract offices P P P Tile sales - p - Tobacco shop - C - Tool and die casting - - - Transfer, moving and storage - - - Transportation terminals and stations - - - Truck rentals (no sales or /service) - - - TVNCR repair P P - U Upholstery shop I - I - - V Vending machine sales and service - - - Veterinarian clinic w/overnight facilities (indoor kennels) - P - W Warehousing/distribution - - - Watch repair P P - Wedding chapels - P - Welding shop - - - Welding supply and service (enclosed) - - - y Reserved - - - R:\D P\2OOO\OO-Ot 40 Village of Temecula\Temecula Village PDQ . PC Changes.doc 14 Table 17.22.148 Schedule of Permitted Uses Temecula Village Planned Development Overlay District Description of Use I A T B I c Z Reserved I - I - I - 1. The CUP will be subject to Section 17.0B.050(G) of the Development Code, special standards for the sale of alcoholic beverages. 2. All Senior Project housing residential projects shall use the development and performance standards for the M (Medium Density Residential) zone and the provisions contained in Section 17.06.050.H of the Ternecula Development Code. . The Director of Planning may approve an increase in floor area up to 15% for those uses that have a maximurn square footage specified. (Ord. 99-039 2) 17.22.150 DESIGN AND SETBACK STANDARDS The following standards are designed to increase the compatibility between uses within and adjacent to the project. The standards are to be irnplemented based upon the appropriate Sub Area. A. Sub Area A 1. Landscape Setback/Buffer. . A landscaped buffer area, not less than twenty-five feet (25') in width shall be provided between Sub Area A, and the existing residential development to the east. Reference Exhibits C-3a (Plan) and C-3b (Section). . The landscaping shall include (at a minimum) specimen trees, shrubs, and appropriate ground cover. No parking areas are allowed in this visual buffer area. A wall shall be provided on the eastern property line between Sub Area A, and the existing residential development to the east. The height of the wall shall be six feet and may be increased to eight feet if deemed necessary and appropriate by the Community Development Director. . A minimurn twenty-five foot (25') landscape setback from the property line shall be provided along the Rancho California Road frontage. No parking or drive lanes may be allowed to encroach into this area. Reference Exhibits C-2a (Plan) and C-2b (Section). R:\D P\2000\OO-Ol40 Village of Temecula\Temecula Village POO - PC Changes.doc IS 2. Pedestrian Linkaaes. · Pedestrian linkages shall be provided in accordance with Exhibit B (Sidewalk Plan). . Pedestrian linkages shall be provided between Sub Area B, Sub Area A and Rancho California Road. Pedestrian access between Sub Area C and Sub Area A will be via Sub Area B. A pedestrian linkage shall be provided to the east of the drive lane that connects Sub Area B to Sub Area C. 3. Buildina Heiaht. All buildings in Sub Area A shall be one-story. Varied roof heights shall not exceed twenty-eight feet (28') in height. Towers and other architectural features shall not exceed thirty-nine feet (39') in height. 4. Gatherina Soaces. A minimum of one (1) pedestrian gathering space shall be provided in Sub Area A. Gathering spaces shall contain the following items: . Shading. (I.e., urnbrellas, shade structures). . Plantings (i.e., a mixture of trees, shrubs, vines). These may be within planter areas or potted. . Seating. (i.e., chairs, benches, seat walls). . Eating area. 5. Transit Provisions. Provisions for a transit stop shall be provided in either Sub Area A or B. Final location shall be determined at the Development Plan stage, through consultation with the developer, Riverside Transit Agency (RT A) and the City Traffic Engineer. 6. Loadina Areas. All required loading spaces shall be located in the front of the building. No loading shall be allowed on the side or the rear of the buildings. 7. Trash enclosures. No trash enclosures shall be permitted on the rear sides of the buildings or along Rancho California Road. All enclosures shall be architecturally compatible with the main building and screened with landscaping. Exact locations shall be determined at the Development Plan stage. B. Sub Area B. 1. Landscaoe Setback. A rninirnurn twenty-five foot (25') landscape setback from the property line shall be provided along the Rancho California Road frontage. No parking or drive lanes may be allowed to encroach into this area. Reference Exhibits C-1a (Plan) and C-1b (Section). 2. Pedestrian Linkaaes. Pedestrian linkages shall be provided in accordance with Exhibit B (Sidewalk Plan). R:\D P\20oo\oo-014O Village of Temecula\TemecuIa Village PDQ - PC Changes.doc 16 . /\ minimum sf eRe (1) Two (2) pedestrian linkages shall be provided between Sub Area B and Sub Area C. In addition to the pedestrian linkage depicted on Exhibit B (Sidewalk Plan), a pedestrian linkage shall be provided to the east of the drive lane that connects Sub Area B to Sub Area C. . Pedestrian linkages shall be provided between Sub Area B, Sub Area A and Rancho California Road. 3. Transit Provisions. Provisions for a transit stop shall be provided in either Sub Area A or B. Final location shall be determined at the Oeveloprnent Plan stage, through consultation with the developer, Riverside Transit Agency (RTA) and the City Traffic Engineer. 4. Gatherino Soaces. A minimum of one (1) pedestrian gathering space shall be provided in Sub Area B. Gathering spaces shall contain the following items: . Shading. (i.e., umbrellas, shade structures). . Plantings (i.e., a mixture of trees, shrubs, vines). These may be within planter areas or potted. . Seating. (i.e., chairs, benches, seat walls). . Eating area. 5. Loadino Areas. All required loading spaces shall be located in the front of the building. No loading shall be allowed on the side or the rear of the buildings. 6. Trash enclosures. No trash enclosures shall be permitted on the rear sides of the buildings or along Rancho California Road. All enclosures shall be architecturally compatible with the main building and screened with landscaping. Exact locations shall be determined at the Oeveloprnent Plan stage. C. Sub Area C. 1. Buildino Setbacks. All structures shall be setback a minimum of forty-five (45) feet along the eastern and southerly property line, which abuts existing single-family residential development. Reference Exhibits C-6a (Plan) and C-6b (Section). 2. Pedestrian Linkaoes. Pedestrian linkages shall be provided in accordance with Exhibit B (Sidewalk Plan). . A minimum of one (1) pedestrian linkage shall be provided between Sub Area C and Sub Area B and between Sub Area B or Sub Area C and Sub Area A. . A pedestrian pathway system shall be provided within Sub Area C. 3. Buildino Heioht. The height of structures shall not exceed two (2) stories or thirty-five (35) feet in height. R:\D P\2000\OCJ-Ol40 Village of Temecula\Temecula Village POO. PC Qumges.doc 17 4. Buildina Plottina. Buildings on the eastern property line shall be plotted so that they will not view into the existing residences to the east of the project. The ends of units or garages shall be located on the perimeter. R:\D NOOO\OO-Ol40 Village of Temecula\Temecula Village POO - PC Changes.doc 18 17.22.152 VEHICULAR CIRCULATION SYSTEM STANDARDS Vehicular Circulation System Standards have been developed to assure that adequate vehicular access ingress and egress exist for the project, that internal project circulation and vehicle stacking are sufficient and that necessary emergency vehicle access requirements are met. A Conceptual Site Plan (Exhibit A) has been prepared with input from the Planning, Public Works and Fire Departments. Locations and approximate square footage for building envelopes, access points from Rancho California Road and the western road, drive lanes, parking lots and parking lot landscaping have been provided on the conceptual plan in an effort to depict typical overall development of the site. Minor changes or rnodifications to the conceptual plan may occur provided they are reviewed and approved by the City of Temecula at the developrnent plan stage. Access Points: Three (3) access points to the project have been provided to the site from Rancho California Road. 1. Access to Sub Area A shall be provided from the easterly access point on Rancho California Road and by a drive lane, which is perpendicular to Rancho California Road (through Sub Area B). 2. Access to Sub Area B shall be provided from all three (3) access points on Rancho California Road. 3. Access to Sub Area C shall be provided frorn the two westerly access points on Rancho California Road and from the property to the west via the westerly Rancho California Road project access point. 17 .22.154 ARCHITECTURAL AND LANDSCAPE DESIGN GUIDELINES Architectural and Landscape Design Guidelines have been included for the commercial component of PDQ-5 (Sub Area A and Sub Area B). These guidelines, when used in conjunction with the Citywide Design Guidelines, will provide the necessary assurances that a cornprehensive and high quality project is developed on the site. Unless expressly stated below, Residential Architectural Guidelines for Sub Area Care contained within Chapter 5 of the City-Wide Design Guidelines. A. ARCHITECTURAL DESIGN GUIDELINES 1. Form, Height And Massing A variety of building form, height and massing techniques shall be utilized to achieve a pedestrian scale of development. The Guidelines contained below correspond to the Conceptual Building Elevations (Elevations), contained in Exhibit D. The Elevations are representative of the design concept that is strongly encouraged in the commercial component of Temecula Village. Final design of the individual buildings will utilize the design concepts depicted on the Elevations and may vary from the Elevations depicted in Exhibit D. . The architectural design of the office and retail area in Sub Area A shall be single-story structures with covered walkways, colonnades, arcades and R:\D P\2000\OO-Ol40 Village of Temecula\Temecula Village PDQ ~ PC Changes.doc 19 openings that create interest. Structures in Sub Area B may be increased to two- stories; however, they must meet the criteria mentioned above. · Two-story buildings shall not exceed thirty-four feet (34') in height. Exceptions to this height limitation, up to forty feet (40') in height, shall be allowed for towers and other architectural features. . Offsets in planes shall be used to reduce the mass of building walls, accent entry areas, and create architectural interest. . Building forms shall be of simple geometry with sculptural or traditional forms acceptable. . Second floor balconies/dormers is a method that can be used to reduce the mass of large buildings. . Pediment entries, colorful window and door trim shall be used for accent purposes. . Building entries shall be defined and articulated through the use of items such as colurnns and stone veneers. . Recessed windows and entryways shall be used, especially at the ground level as they add interest to the product. . Windows or window-type elements are encouraged on second story elernents. . Windows on the second floor should line up with windows on the first floor, making the column/structure apparent. . All sides of the buildings shall receive adequate detail treatment; however, reduced articulation shall be permitted for those sides of the buildings that are not clearly visible from public view. . The use of arcades is encouraged on front elevations of larger buildings (Shops "B" and Building UP') and on the western elevations of the buildings in Sub Area A (Buildings "G", "H" and "I"). 2. Colors & Materials The colors and materials for all Sub Areas shall be consistent with the color and material board (Exhibit E). The purpose of the color and material board is to provide continuity between the components of the Temecula Village POO. A. Colors . The predominant building color includes a mixture of earth tones (grays, whites, yellows, tans and browns, similar to colors already used throughout the City of Temecula and other Southern California cities. Warrn or light colors are the most appropriate for trirn. . Brighter colors shall be limited to signs, doors, window trirn and other detailing related to pedestrian areas. B. Materials . Cernent Plaster, or similar rnaterials will be used predominantly throughout as will natural color ledger stone, wood trellis and copper patina metal roofing. . The use of canvas awnings is strongly encouraged over windows and entries. . Textured concrete (poured in place or tilt up) and concrete block may be used on building elevations. R:\D NOOO\OO.OI40 Village of Temecula\TemecuIa Village PD~ - PC Changes.doc 20 . High quality, dark colored roofing, such as sealed non-reflective metal, wood or concrete shingles or shakes, and asphalt/concrete composites are recommended. . Beams, posts and wooden or stone columns should be simple with camps and toes. Care should be taken so that the width of the column is in proportion to the scale of the building. 3. Roof Forms . Flat roofs with simple horizontal or gabled parapets are encouraged. Roofs shall be high enough to hide rooftop equipment. . Rooftops shall be designed to be visually attractive when viewed from adjacent buildings or roadways. . Varied roof heights shall be incorporated to reduce building massing. . The use of cornices is strongly encouraged. B. LANDSCAPE DESIGN GUIDELINES 1. Project-Wide Landscaping Plant communities currently represented on the site are annual grasslands and woodland tree plantings. Existing development in the area also establishes a plant palette for the project to draw from. The landscape theme for the site development is intended to cornplirnent the existing development, while at the same tirne establishing it own identity. The landscape theme is also intended to support the architectural guidelines by creating screens and buffers where needed and views where opportunities exist. Guidelines: . Plant material selection for street trees shall be determined by the Chapter 8 (Public Design Guidelines) of the City-Wide Design Guidelines and complement the existing street trees on Rancho California Road. . Introduced plant rnaterials will be installed so that they reflect the surrounding plant species. . Irrigation systems shall include low flow drip systems, consistent with the Section 17.32 of the City's Development Code (Water-Efficient Landscape Design). . Landform grading and the use of berming shall be used in coordination with development pad landscaping to screen parking and loading areas. 2. Project Edges Project edges will be the rnost visible cornponents of the project. These edges include: Rancho California Road edge, residential (internal)/office/retail (internal) edge, residential (internal)/residential (external) edge and residential (internal)/residential (external) edge. The intent is to provide a comprehensive landscape approach to the project, while paying attention to the particular needs of each edge condition. Plans and Sections are provided to guide future R:\D P\2000\OO-OI40 Village of Temecula\Temecula Village PDQ . PC Changes.doc 21 Development Plans in these areas. The Landscape Plan and Section Legend, Plans and Sections are included as Exhibit C and Exhibits C-1a through C-7b. a. Rancho California Road Edae Landscaping along Rancho California Road will be complimentary to existing landscaping along Rancho California Road, as well as serve to identify the project. Streetscape plantings will be coordinated with interior streetscape and parking treatments as well as with adjacent parcel landscaping. Enhanced project entries at two locations will provide a gateway into the project. Reference Exhibits C-1a (Plan) and C-1b (Section): Rancho California Road/Sub Area B Interface and Exhibits C-2a (Plan) and C-2b (Section): Rancho California Road/Sub Area A Interface. b. Residential (External)/Office/Retail Edae This edge will serve to buffer the proposed development in Sub Area A from the existing single-family residential to the east. A minimum twenty (20) foot landscape buffer shall be required frorn the eastern property line to any structure. An architecturally treated wall shall be constructed on the eastern property line to further serve as a buffer. Evergreen trees with broad canopies may be utilized to allow for maximum privacy for the existing single-family residents. Reference Exhibits C-3a (Plan) and C-3b (Section): Sub Area A Interface at East. c. Residential (Internal)/Office/Retail (Internal) Edae This edge will be viewed by residents living adjacent to the project and will act as a buffer between the development and residential use. Native vegetation in good condition will be retained where possible and layered densely planted evergreen landscape rnaterials will be provided for further screening. Reference Exhibits C- 4a (Plan) and C-4b (Section): Sub Area C/Sub Area B Interface and Exhibits C- 5a (Plan) and C-5b (Section): Sub Area C/Sub Area A Interface. d. Residential (lnternal)/Residential (External) Edae Slopes created on the eastern and southern slopes will be extensively landscaped to meet current City Development Code standards. Since these are down slopes of various lengths, trees and shrubs are provided near the top of the slope to allow for maximum privacy for the existing single-family residents. The southwestern portion of the site will not be altered and will remain in a natural state. Reference Exhibits C-6a (Plan) and C-6b (Section): Sub Area C Interface at East and Exhibits C-7a (Plan) and C-7b (Section): Sub Area C Interface at South. 3. Major Entries Special landscaping will occur at the major entries that will identify the points of entry and set the tone for the center. Plantings will be coordinated with the Rancho California Road edge. Clear views for traffic safety and project signage must be maintained. Enhanced vehicular and pedestrian access will identify major entries, as follows. R:\O P\2000\OO-OI40 Village of Temecu1a\Temecula Village PDQ - PC Changes.doc 22 "17.22.156 Incorporation of Exhibits. All development within the Temecula Village Planned Developrnent Overlay District shall conform and comply with the requirements set forth in the following Exhibits, which exhibits are on file in the Official Records of the City Clerk and incorporated herein by this reference as though set forth in full and which are also reduced in size to be included in the Zoning Code Text: Exhibit 17.22.156 A. Conceptual Site Plan and Sub Area Map Exhibit 17.22.156 B. Sidewalk Plan Exhibit 17.22.156 C. Landscape Plan and Section Legend, Plans and Sections Exhibit 17.22.156 D. Conceptual Building Elevations Exhibit 17.22.156 E. Color and Material Board Exhibit 17.22.156 F through ff Exhibits Attached to Application" R:\D P\2000\OO+Ol40 Village of Temecula\Temecula Village POO - PC Changes.doc 23 ~: Ii :;:.;;:;:;;;;;;:;;: C.d ; ...J ~~~~ m!iH HHIHm ~I ; I!I~I!I~II!-; !~[~~ ~~ 0 ! i i mii~m!!!!! im . . .... · _ ~.. 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" ',-- - ~",,~..... ~ I .~ " i,~\ ""~ ,,'" /:;/ \ ...;' ~ ;~ >'1 ;".,.~-~,...::!'. "J.: " ~ ~l '.-, '\.. ----. L" _ ......,?;,,71,....~~ J'l ,.\ ~- ~ \1 1,', \ I --" ..-- ~--" .- ... ~ ""'''''' ' 1'1" . "'/. ....-~..~-'... f "'o---:.'-.,-"-'''.,,.. ':"'-"{;;b:~~~.r "-,':,' 'M""'.,:-:-;: '.' " I I 'I : {, ~,II'I ,- ' .,~ ..,', ,r' 'Vp'fi"'" ".'1"",''''~ " "--0; '" '<;l . 1 I ! '\: I' .,- ,7;T-O.,..T-....L.-::_,Z;J;-'::-.n' ' /1 (7~! ',.'''' -. ~-,: ,'~...~~~~, 'j -_ \ __'~l" _.f ':. " \~ ~ I,;~ -"'; ,I ''':;;''_:;'-~~_="".......~:-~;..-;-~:;"___~..,._:.~",,. .loer..t.Nsn,"r'" -~ - ,1" ,~,"t~''';'''-'''--........_, "...,fi:... '...L':, , '~'I.; -.-..- ,'- - ",' .. "'..' H" v/8"'<,-' '-, ' ~, ,~,~.. "1'1'=: - , ' I' . ~ . ! , .. ", - ..... " <' 1 e G/p-rl '"<.t f ,," r~' '. 0/.. '~, "., , ,,~--"--7 ........ I , , -. 'r' ... .-. , ~ -- ,." . '" 81" "././81 ,~' . '.- ' " ~--' : " :t:~.:s:=_ " I .<i .. I' / l...lo, /.,. r\~'< -.. ~'1 ':{ l:PnrvS(]I'fj- I,... ~,' '. _ - -...._.... .... :~'1' , , " '" ,. ,- ~" , " ~ - lI! /' r;:" "'-CoP J,., 'I1r tI/ '- ~ " ... I , ' I I I" I: :, I - "'-... ,-t,' ,,",><;-H-J': _T ~-'.~" ,. ''', ,., "c ':I,j, ~IIOSpt; !!j" -...t:~ ' :;f;- "'-_...~ ; ; ~, ;; '1 \:\J i -- - '~" I ~ ~'J:~;"~~"'~l' .~:._~:~~~~, ;,;~,' ,u, ~~.~. ~ ,~-~~~O~fV ~"j"'-'.':'.'l,'_- Q"~IJ ,,~. --,"" j '~ . : , i i" ,m - " ,~li,~~i,;~~,~c,t:;;;;;~J~, .i"'>"tfl~Q~7::~';;: ,':1 .IL__' ! . e. 'f/ 9!iI" ZZ. Ll /!lO!;WllS ;LlllIllXll .t~:.. '. '. " . .' .' . '~';>;~.:~_:."':';:'-~,..........olA. .......:.....olA...:..i... ...............;.. ~.......,:..:.....:-........... _ _ ~ ....... _;:.,..~.~ _ _ ...... ...... .- ...... ...... ...... .-;........'":. ! 41.... .. ...... ..... ...... U.liI ll: ... ..... ... IH I IH 1m IH >- -l E ~ I g It c~h lblbt:.lblb inn ..,.. :,tl ..... .. .... sU! . e. -l , i i i:. ,}:- l-t:t . ' I \ . . ! }\- Ji( \ · c_ I . .." 'I. ,,-,' , I " r ; .. , '. 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Ll J.lllllOOl f' T ,,,.....'''' !,.,,~- , EXHIBIT SECTION 17.22.156 C LANDSCAPE PLAN AND SECTION LEGEND, PLANS AND SECTIONS Exhibit C: Landscape Section and Plan Legend Exhibits C-1a (Plan) and C-1b (Section): Rancho California Road/Sub Area B Interface Exhibits C-2a (Plan) and C-2b (Section): Rancho California Road/Sub Area A Interface Exhibits C-3a (Plan) and C-3b (Section): Sub Area A Interface at East Exhibits C-4a (Plan) and C-4b (Section): Sub Area C/Sub Area B Interface Exhibits C-5a (Plan) and C-5b (Section): Sub Area C/Sub Area A Interface Exhibits C-6a (Plan) and C-6b (Section): Sub Area C Interface at East Exhibits C-7a (Plan) and C-7b (Section): Sub Area C Interface at South R;\D P\2000\OO-Ol40 Village of Temecula\Temecula Village POO - PC Changes.doc 24 EXHIBIT SECTION 17.22.156 C (') CD :! -) ;< ) / ~ 0- <( ::E j1jl/) .~. !z . . EXlIBIT SEcTlOa-17.22.156 C . !. RANCHO CALIFORNIA RD. , CONiCAl DECIDUOUS BROAD CANOPY i J STREET TREE TYPICAl DECIDUOUS TREE TYPICAl MEDIUM FOREGROUND. 1 6' CONCRETE. SHRUB MASSING TYP. SIDEWAlK TYPiCAl LARGE BACKGROUND SMALL FLOWERING ACCENT SHRUB MASSING TYPiCAl SHRUB MASSING TYPiCAl \ ( \ \ \ i , \ \ .1 .j \\ I RESTAURANT r UPRIGHT EVERGREEN ',\ TREE TYPiCAl 1.....1 PYRAMIDAl EVERGREEN TREE TYPiCAl PLAN VIEW .~ Rancho CalUornia Road I Sub Area B Interface NTS ,r EXHIBIT SECTION 17.22.156 C I ',' o '. :\ \( .I \ )' , '.~ EXllDlI'l SECTIONMl1. 22 .156 C . RANCHO CALIFORNIA RD. lARGE BACKGROUND SHRUB MASSING TYPICAL PYRAMIDAL EVERGREEN TREE TYPICAL 6' CONCRETE SIDEWALK TYPICAL CONICAL DECIDUOUS STREET TREE TYPICAL BROAD CANOPY DECIDUOUS TREE TYPICAL SMAlL FLOWERING ACCENT SHRUB MASSING TYPICAL 2 OFFICE MEDIUM FOREGROUND SHRUB MASSING TYP. MINOR ENTRY MONUMENT PLAN VIEW ~ Rancho California Road I Sub Area A Interface NTS <:> I- ~~~ Z - I- ~~ liioS -w o' -' 0- (:S::l;Q. 5~ V) (5 oC(~ ~- ~ 0 ~~ <:> 0::<:> ~<:> ~ Q) <:>z o::z ~~ w- Uw w- 0 0:: V) ~V) o!tl ww o!tl td 00:: o::~ "':::1: I- ~::l; 1: ~~ .0-, ::l;1D -,ID 8~ Q) 2~ -w ~~ 00:: Zo:: 0 - W:I: 8lii Coin C ::l;V) V) V) - 0 i<,. <( ~ '" I .td 0 Q) ~. L- ! <( .a .' ID ::J CI) Co -' -- ~ Q. "0 0:: .~ i td ZID 0 '. , ::l;~ in V) a: J Nd td 0 .- ...J - C IDID '" L- V) C\l0 - w I~ If)- ~~ C\I td I . > zO ~ Co 00 i. '1 ~ bg " ~ ~ ~ ~ w as(/) CI) a: 1z .\ ~ ~ ~~ 0 -'Ill ii IIlw w w ~ ~cr ~~ ~~ 0<:> H< '1 o::z N> <:>- , 01- 01- ~V) j ~~ ~~ ~~ 0 00:: ~. wID oC(<:> ~Q <:>~ 00:: .00 0::0:: lB~ o::w :5~ ( ) mo j . EXHIBIT SECTION 17.22.156 C b\ i ! -j i ; !l ", i ; f) : EXHIBIT 'SECTION 17.22.156 C . RANCHO CALIFORNIA RD. BROAD CANOPY EVERGREEN TREE TYPICAl lARGE BACKGROUND SHRUB MASSING' TYPICAL MEDIUM FOREGROUND SHRUB MASSING TYP. PYRAMIDAL DECIDUOUS ACCENT TREE TYPiCAl 3 ~ f'.- ..- 'I I, (J)C"-J ..- <X> , ..- ' , C"-JLO ..- t-r) OFFICE SINGLE FAMILY RESIDENTIAL 'f %0000 % :z: I, I ..- 0::: I-CO ~ CONCRETE BLOCK PERIMETER WALL TYPICAL VINES ATTACHED TO WALL TYPiCAl PLAN VIEW ~ Rancho California Road / Sub Area A Interface NTS EXlUBIT SECTION 17.22.156 C p t.... b t4 · t;r' .}j~ 4p .!" -' tS ~ ~ _ lIl. 00. ~~ z>- otS 0 a: .... ~I- ~_ z>- >-.... 00 00. 61- o.g: o::z u~ 0:: 0 o Oiij .... 0 z ~;z; ~lIl' 0.... ....- Ul::l u<( .... 0:: III 0:: ~::i! ~ e ~ ~ ....00 91- ::i! ~o:: o~ ~::i!Z ::i! 00 ~ ~o:: .... ~ ~ ::;>:1: u - ~ 00 .JlIl U 8 0:: <( ::i!Vi " '/ ~ ~ i~ ~ ~~ u-' :::J g:;{ 80 oo~ :I:- ....0:: ~~ w~ ~-' 0::.... -' CJ::i!' lIl<( 20:: ....~ 8.... Zo a. 51- i~ i ~ o 0:: ~ III .... 0:: a:: L5 <(, It: > - gJ W - as 8 as 't: CD - (1).& J.,<c Z as o ~ F<C 0.0 ~ ~Ul , (f.)'Z 10 N ..u) EXHIBIT SEcTION 17.22.156 C lARGE BACKGROUND SHRUB MASSING TYPiCAl x x i i I ! ! PYRAMIDAl DECIDUOUS ACCENT TREE TYPiCAl RETAIL 4 PYRAMIDAl EVERGREEN TREE TYPiCAl BROW DITCH BROAD CANOPY EVERGREEN TREE TYPiCAl MEDIUM FOREGROUND SHRUB MASSING TYP. SMALL FLOWERING ACCENT SHRUB MAsSING TYPICAL f-r [j 4 MULTI-FAMILY RESIDENTIAL 5' CONCRETE SIDEWAlK TYPiCAl VINES ATTACHED TO FENCE TYPICAL 8' TUBULAR STEEL FENCE TYPiCAl PLAN VIEW Sub Area C / Sub Area B Interface NTS ~.. ,) KlDIBIT SECTION 17.22.156 C . -' <( au w- 5~ .<( ~~ Z -' UI""' W w.... w In-' ~g S() =J IIiw =>u I-z _ W ex> ..... ~~ ~g =>t: g- ~Cl g~ g 8z ~""' ...! - ~~ Ow m~ -' ~ e~ cil= () 0 ~~ ~~ ~~ ~-~ => 01- W:I: U ~~ g~ ~UI <( ~~ ~ r5 IIi o~ ~~ lB ~ ~~ :s~ w 0- OUl -'w UI(2 ':':~ N 0 d ~~ !ZJ.. ~~ ~~ I ~() i u- I <~ -' Cl <( ~C) ~ I u ~z ~~ w- ~Vl 9~ if ~l<: .....~ U-' -,aD 5 8~ <'~ ~ :;) 0 ~:I: inUl VlVl ~ ^ CD o as 1: ~ ~ - m as CD L.. <( .0 ::J en 'il:t-.. ~O as. ~~ 1=<( 0.0 W ::J (/) CI) en !Z _J EXHIIIIT SECTION 17.22.156 C -' BROAD CANOPY DECIDUOUS TREE TYPiCAl lARGE BACKGROUND SHRUB MASSING TYPiCAl BROAD CANOPY EVERGREEN TREE TYPiCAl PYRAMIDAL. EVERGREEN TREE TYPICAl PYRAMIDAl DECIDUOUS ACCENT TREE TYPiCAl MEDIUM FOREGROUND SHRUB MASSING TYP. ., 8' TUBUlAR STEEL FENCE TYPiCAl VINES ATTACHED TO FENCE TYPiCAl 5' CONCRETE SIDEWALK TYPiCAl ,. , ~ PARKING 5 I I I TWO STORY OFFICE I . I I 5 I MULTI-FAMILY RESIDENTIAL ~ PLAN VIEW Sub Area C / Sub Area A Interface NTS (,) ~ EXHIBIT SECTION 17.22.156 C . , . I I ~ ~ ~~ ::J .... 0 u ~~!3~ ~ 01- ~iii .... gVl 0!f2 :::> .....~ >-~ 0 Q. o=> ~m 01- <0 2:::> Zz 0- 00:: <........ O::~....::I: U me ~Ul. 0!3 (50:: 85~ ~ .~~ => OCl o::z Cl- ll<:Ul 5i!f2 m~ ....m Cl=> ~~ Cl Z ...J - ...J .~ ~ <VI Q. ...J o(s ....- ::I:~ 5i ~~ Z ...J Ul.... t:I w...... I-...J ~o Ul< ...1- ~g :::>~ m.... i=~ . . .... co..... .... Q. OVl ...J.... Ulo:: ~~ N I ;;=::1: OU a::!::: me ,! e 'J ~~ ~J. I a:: 1 ~~ ., ....< i Uu Ul...J u- :::>< <~ ou I :::>- Cl ~~ ~ ~Cl .~ :J. o::z d ....- . ........ ~~ ;;=Ul .0.... ::E ffi 0!f2 ...JO:: ~ .... ~~ <I- O::ll<: 91- 0 U...J ...Jm ~~ 5 ~~ ...J:::> m <0:: u.... ~:I: ~5i ~ 0 UlUl ioUl Q) o aI t: Q) - c: - ) ,.- ..~ <C aI Q) L- <C .a :J CJ) 1.0"""'- .},O zal O~ F<C O.a W :J (f) CJ)CJ)'Z ( ) ---~/ EXHIBIT SECTION 17.22.156 C LARGE BACKGROUND SHRUB MASSING TYPiCAl MEDIUM FOREGROUND SHRUB MASSING TYP. UPRIGHT EVERGREEN TREE TYPiCAl 5' CONCRETE SIDEWALK TYPiCAl ~ / / SING~~j7'AMIL Y RESI~1'1j TIAL / .~ MULTI-FAMILY RESIDENTIAL. 6 I :0 ( BROAD CANOPY DECIDUOUS TREE TYPiCAl BROAD CANOPY EVERGREEN TREE TYPiCAl LAWN TYPICAL 8' TUBULAR STEEL FENCE TYPiCAl ,. L.O - - - - - - PLAN VIEW Sub Area C Interface at East NTS rJ ~. . mrnmIT SECTION 17.22.156C . ~ ~ w -' ~~ 0-, . w 85 w 0 !n~ ~~ ;;::- ~ (.:)~ ~- O~ ~.~ ::sa. <(.:) ~w ::I~ o~ !nU il OOw ~~ -z ::I xw 0(.:) ::Iu ........... Q:Z .....z (.:)- . ..... l<:lf) 00...... u~ -~~ ~m .....00 (.:)::1 5~ ia: Cl Q: ~13 ~~ b) H_ Q: m a,J .w 1ii CI) z 0 , ~ m , I "t I() -t CI) - ~l (0.& cl,O ~ Zm ~5 ~ o - u- O~ 5~ <a. ..... Cl (.:)~ ~<l F< Q:(.:) ~(.:) ~~ c>z Q:Z U.o w- w- 0"'" ~Ul ;;::Ul itffi W ::::J Ul z(/) o~ o~ 5::1 ......~ iZ~ !J~ (J) (J) !Z 0 0::1 ~oo -,00 " <59 2::1 -'::I ) OQ: <Q: ~~ Q:~ .....:1: ~:I: / IDO ~Ul (/) (/) EXHIBIT SECTION 17.22.156 C .! I- Z-' ~() 0- <~ o . <:> ~~ ~~ o w- ~ 3= en 5~ O~ ~iii~~ ~ ~! ~; ~~ ~~ enen D:: ~en <:>w n:W ~~ z -'w :;tw ~5 en en en-, 5() ~- 9~ o. Ww Ow :;t~ . 9.... ~~ j , - , I -' () ~~ ~ 0<:> n:z <:>- ~en. ~~ 3=:1: O~ Ir- mo Q:..I . ) -' -' w < w 00 ~~ 5~ ~p.. ~w ~(::. <0 z mw enw ~o w'" I-z - W ~o Ul... >.... III11I11II1I1I11I1 III11II1IIIII1I111 III1II1IIII1II1111 111m m 111111111111111'" 11,11'11,111'1,1' '11111111~lr 111-1 ~~ ~ffi i~ w Q.en Ow -' - enD:: ~ ~ .. . N o Ir ~t3 D::~ ~~ Ir -' () wii: t;j~ D::~ o 8~ o iniii ~ .c. - ::::J o CI) - as CI> o as 1: CI> - ".6 ~o zas oCl> I=~ O.a W::::J(I) Cl)CI)~ EXHIBIT SECTION 17.22.156 C . lARGE BACKGROUNO SHRUB MASSING TYPICAl PYRAMIDAl DECIDUOUS ACCENT TREE TYPICAL 5' CONCRETE SIDEWALK TYPICAL BROAD CANOPY EVERGREEN TREE TYPICAL MEDIUM FOREGROUND SHRUB MASSING TYP. .1 PYRAMIDAl EVERGREEN TREE TYPICAL 8' TUBUlAR STEEL FENCE TYPICAL SMAll EVERGREEN SCREEN TREE TYPICAL 7 MULTI-FAMILY RESIDENTIAL fnJ ".; I j ...... " :! 26 '23 PLAN VIEW Sub Area C Interface at South NTS @ ( ) Guidelines: . Accent trees with fall or flowering color should be used as identify plantings. . Low-scale walls, shrubs and groundcovers with annual or perennial color should be used to highlight key areas, such as the base of project entry monuments. . Trees should be massed to create an effect similar to native plantings in undisturbed areas. R:\D NOOO\OO-OI40 Village of Temecula\Temecula Village POO - PC Changes.doc 25 , i ....J CIllS ::l_ ~.~ 0.... w.... 00:: I- ~W -.... Zo:: 01- OCll i { d a: <( Z a: ft :J <( o o ::r: o Z <( a: I I. i ....J lS ~ Ow z.... 0::0:: ........ ~CIl S::l ......0 ....J::l ....JQ ~8 VlO EXHIBIT SECTION 17.22.156 C CIl 0:: ........ Z"" ~S ::l- zD.. ~oId ~::l !z~ ........ o::~~ oz_ JOD.. ::::Eiii~ ....J ....< Z::l ....z Uz ~< o old Zo ....J 0:: Z < ....iii U ~Vl- Q<D.. C:::.~ ....JlD 0:: ....J::lQ <0:: ....J :::.xo VlVl U ~ ~~ o::~ u....J ~~ U.... o 'Coiii <:> . ~~ o 0::0 OZ w- 0:: VI e~ :::'ID 2::l 00:: wx :::'VI g !2~ ::l 00 O::Z Cl- :.::VI ~~ wID Cl::l ~~ I- Z <( 0::: :J ~ (/) W 0::: .... ~~ :;; 0"" ~ ~~ ~..J 00 lS 0::l::J VI {1. ~QO ffi ~ 0::f;3e- ~ VI mo'::: a.. 0 ~ VI....J 55 ::>- ~~ Ww Ow :;;i~ QI- ~~ ~~ z .... .... 0:: o 0:: .... ~. a.. j:~ t:> -.... o::w a.. 0:: ::ll- z (/)0 <(~ 01- (/) w t;j 0:: o Z o o '... --' - C CI> E :J C o ~ 3:~ We 5w ZL- <(.g. ...J as Vl a.. ~~ ) EXBIBlT SECTION 17.22.156 C =f,S m5 ::>- 0::0. :r:~ 1II 1-0:: --' vi zO --' w--' < ow..... O~ 00 Z .0 00 0 00:: woo 5 1II111 zOo <--, z~ 1II",~ ::>~ C)< ::> w w 0 z::> G:o:: OC) o . 0::C) _z -w o::z lk!W:r: <.:lz o::z I-z <.:l- w- w< ~3: l<:1II ::Jo 0::1II ~~ o~ .........-L5 o~ go 3:~ W ~:::; a. .....:::; --' Ofu --' 0--, .....<.:l wm a.z< --'< :::;m --'~ w <.:l.::> <300 1II0 2::> --'1II -,>- 0::- 0::0:: _a. ~O:: on:: ~~ 00. :S~ Jdl-~ N~ .w:r: 0::0 :::;1II 1II:::; 0.0 o:::r: _ w<.:lo I-::>w ~o~ O::z ! . _3:- !! a. :::; .Ill::> :r: --,. lIIl<::::!::J ZO < .G:o~== --'--, om<o:: OlllZ~ - OlllO::Z C ::>:s~:s G> lii<.:l~a. E ~ c 0 ~ Z >- --' 0-= ~ 0:: 5 ~tfi ~:::; a. z- ~ :s~ I- fij L. <.:lw a. .Ill gf5. .~ Zw 0::0:: :r:a. :r:--, WI- !:Q< !:Q--, ~~ ...J ~ ~ 3:1II ~o ~~ woW z ~b ..... 0 .....0 "- OW ->- 03:--' I-m --,::> ,1> o < o~ ~~ ) --,0 0--'S:2 Oz <0 ::>--'0. ::><.:l Zo :::;w .9 lii~~ 1-- ~o 1II0 1II111 ..9'"",Z Secondary Entries Secondary entries delineate the entry to the project interior. They are located at the westerly and easterly edges of the project along Rancho California Road. Design elements may include accent plantings, low scale walls, and monumentation. Guidelines: . Shrubs and groundcovers with annual or perennial color should be used at the base of project entry monumentation. . Accent trees, such as palm trees or crape myrtle varieties should be used to identify entries. R:\D P\2000\OO-Ol40 Village of Temecu1a\Temecula Village PDQ - PC Changes.doc 26 _.- .,.---. j~i~;r" ".t EXHiBIT SECTION 17.22.15 "j d a: <( Z a: f( :J <( () o :r: () Z <( a: -' 1-< z=> wz oz ~< Cloll:! ~Cl-, o::Z < W-O ~~- ~~~ -,m 0:: r )ci~ g _ ~IO VI VI 0 Vl5 =>- 00. 5~ Uw Ww 00:: I- 5w -w Zo:: 01- OVl VI 0:: I-W Zl- ~S =>- Za. o oil:! ~ ~::J I-~ Z wW-, o::Cl< O~!:? ZCla. S1in~ 5 ~ Clw ~w 0::0:: WI- ~ OVl -'=> L...o -,=> -,0 <- ~tl VlO -' () ~~ O::li<: 0-, 6~ Ow o win . o . ~~ o O::Cl ClZ w- 0:: VI e~ ~ ~m 2=> 00:: WI ~VI . x . 5 ~~ => OCl o::z ClVl- li<:!,? ~:E m- w=> Clo:: SVi 5 ~ 5 lQ ~ ~ VI a. 0 ~ w t;j 0:: o Z o o ~I o =>. 3~ Ww Ow -,0:: <I- 91- ~z a?~ t~ Z w w 0:: Cl 0:: ~. a. 5:~ !::!w O::w 0.0:: =>1- ~ - c:: Q) E ::::J c:: o ~ ~.b saD ZL.. <(0 ....J .~ VI Q..~~ EXHIBIT SECTION 17.22.156 C ...J ;j ~ =F,S ...J O~ 00< Oil: M9-,Z z~ :::lU z~ :::l~ ~~ :::l 0 Ot:> Q:t:> en o::z t:>z I-Q: t:>- w- zO ~en Q:en ~~ O~ w...J Z uO 1L.:=< UU 0 wOO :=<00 <(...J 5 t:><( t:>:::l 2:::l z:::l G:Q: 0::0:: OQ: ~~ WI _z -w :=<en ffi~ !ZZ ~oId w3= 90 ...J lJfu 1L.t:> Vl ...J~ W OWIL. ...Jen ....,>- ~en O~ w90 <( Q:O en en en:=< ~u '.' ~..,~ U W w. O::~I ...JU ........-<( ~~w I ~::z;j <(OU UQ:- -~ oIdl-~ I 0:: t:> . w:::lO ~O~ Q:z -3=- I ~~~ 1 I ...J' Ul~:::!::l ~g>-~ tJ.. -oJ -,. - om;jo:: C UVlz~ Q) u~tz :::l w~ E \ I- I- Ult:>Z~ :J , C , ( 0 ~ Z >- ...J Q.b ~ Q: FC ~ W I-:=< <(w ~ z- ~~ t:>w >L.. ~W ~oId WO O::Q: I I...J ...J .&;; Vl WI- W en~ ~. 0 -<( !!l...J W~!z OUl ~ ~U ~~ ...J:::l II... .....0 t:>...J ........ ...J:::l 0~...J OW ...JO ,t ::c...J U <( U~ ) <(U en~ U...JU' Uz :=<w z :::l...Jil: :::It:> .~ . UlO ,S G:@ lii~~ 1-- UlVl Project-Wide Hardscape Concept Hardscape elements should be used in coordination with the architecture and landscaping to provide a link between the street edge and individual developments. Attention to hardscape details can create a strong sense of community by relating different developments to an overriding theme. In addition, property hardscaping can improve pedestrian safety, movement and visual enjoyment of public areas. a. Pavino Materials The use of enriched paving treatment has been recommended for the major entry into the site and intersections to highlight key areas of the streetscape. Guidelines: . Paving materials that incorporate natural rock or stone are highly recommended. . Major intersection and project entry crosswalks shall be highlighted by enriched paving treatments such as stamped, colored concrete, interlocking pavers or cobblestones to visually denote crosswalks. . Near buildings, paving materials should be consistent with major intersection treatments, using interlocking pavers, cobblestone, natural stone, or textured concrete. R:\D P\2000\OO-OI40 Village ofTemecula\Temecula Village PDQ. PC Changes.doc 27 EXHIBIT SECTION 17.22.156 C SMOOTH CONCRETE BANDS TYPICAL EXPOSED AGGREGATE CONCRETE ACCENT TYPICAL INTERLOCKING PAVERS TYPICAL 0\ I I 5;//'~'~:<~'; ./~<; :":: <:'i:~"'C:;~"~.. I ~ o \ I f ,'~'::' ~':....: .... .. ~.. ..>:"." :::';~ ( I FREE STANDING PIlASTER WI DIRECTIONAl SIGNAGE & BUILT -IN LAMP TYPICAL PLAN VIEW Enhanced Paving at Intersection Alternate 1 ~ NTS ( '- I I I Q [ I i ) EXHIlIrr SECTION 17.22.156 C INTERLOCKING PAVERS TYPICAl. SMOOTH CONCRETE BANDS TYPICAl. EXPOSED AGGREGATE CONCRETE ACCENT TYPICAl. COBBLE STAMPED COLORED CONCRETE TYPICAL \ / ~ o o \ / I I .~ l"-:::'-': Z l'~~::~.~' '''~;':' ~':;' '~':; ..~.~ ....",. :~.!':::~: ~.: ~:..' ....- :...... :.....,... ........ ~ :..~ ('':' ." ..... . -', -'~ ;'~}~~::.{;~': ::.;.g;;~;~s FREE STANDING PIlASTER wi DIRECTIONAL SIGNAGE & BUILT -:-IN LAMP TYPICAL PLAN VIEW Enhanced Paving at Intersection Alternate 2 ~ NTS b. Street Furniture Hardscape elements such as benches, bollards, paving and light standards should reflect the theme of the overall commercial center, complimenting the architecture and landscape. Materials used in construction of street furniture should compliment architectural materials used on adjacent buildings. Safety and durability need special consideration. Guidelines: . Natural stone, rock, textured concrete, wood, or metal are all acceptable building materials for street furniture. . Street furniture should be located within gathering and/or shaded seating areas within the center. . All benches should be of simple design of wrought-iron metal, or concrete with supports and scroll detailing and finished natural wood slats for the sitting area. . Trash receptacles and other minor details particular to individual parcels must relate to the architectural style of buildings. R;\D 1'\2000\00-0140 Village of Temecula\Temecula Village PDO - PC Changes.doc 28 EXBIBIT SECTION 17.22~156 C !: i' I iQ BENCH I i: ( ) '- / c. Walls and Fences When necessary for security or to mitigate grading, walls or retaining walls and fences can reinforce the project's identity and image. The material, style, and height of walls and fences shall in order to ensure visual consistency, provide an element of continuity throughout the center. Guidelines: . Construction materials and colors shall be consistent with the project architecture with dark-toned hues and earthtone colors preferred. The use of a hedge/bollard treatment is acceptable and encouraged. . For walls built to screen ancillary structures adjacent to buildings such as trash enclosures, construction materials should compliment the architecture. . The horizontal mass of continuous walls should be softened by landscape planting and vines. . Tubular steel or an equivalent may be used for fencing. 4. Lighting Concept In the design of lighting, careful consideration must be given the overall architectural theme as well as to the safety of the site users. An emphasis should be made to emphasize human scale in public areas adjacent to buildings and along walks. Guidelines: . Warm white lighting is encouraged, bright colored or blinking lights shall not be allowed. . Light standards will blend architecturally with buildings, pedestrian areas, and other hardscape elements. . Design and placement of site lighting must minimize glare affecting adjacent properties, buildings and roadways. . Natural stone and concrete may be used for light standard bases. . All lighting shall be consistent with the Mt.Palomar Lighting Ordinance. . "Old town Style" lighting fixtures, either attached to building or pedestal mounted along pedestrian walkways and gathering areas shall be utilized. R:\D P\2000\OO.Ol40 Village of Temecula\Temecula Village PDQ - PC Changes.doc 29 , i i.O I I 10 ( ) "--_/ KXBIBIT SECTION 17.22.156 C .. -. II LIGHTING STANDARD 5. Signage Program A comprehensive sign program is provided for Temecula Village in order to meet the different type of signage needs. Building-mounted signage will need to be oriented to both to the pedestrian (internal to the project) and motorist (along Rancho California Road). In addition, it will be necessary to be sensitive to the existing single-family development to the south and east of the project site. Monument signs will be permitted along the Rancho California Road frontage, at project entries, which identify the comrnercial center, as well as the rnajor tenants. Lastly, directional sign age will be necessary to safely guide throughout all Sub Areas. A. Guidelines 1. Appropriate. . Generally, small, low key signage for tenant spaces. . Building mounted signs for project identity. . A limit of four colors on a sign. Additional colors are acceptable only when incorporating a company logo. . Eye level signs; window and door 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 that have illumination sources consistent with Mount Palomar lighting standards and restrictions. . Indi...idl,jal plastio oRaARSIIEllters. 2. Inappropriate . Typical "can" or "box" signs with entire face areas made of plastic. . Signs rnounted above building rooflines (parapet), or roof-mounted signs. . Signs that incorporate any manner of mechanical movement, audible elements, flashing or intermittent lighting, and/or moving or otherwise animated forms. . Signs that 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 ernergency vehicles. . Signs, which prevent free access to or from any fire escape, door, window or exit, or access to any standpipe. . Landscaping or the use of annual or ornamental flowers that form a sign or message. . Signs not in scale with the pedestrian orientation. . 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 enclosures. R:\D P\2000\00-Ol40 Village of Temecula\Temecula Vi.lIage POO - PC Changes.doc 30 . Signs with disproportionate, visually distracting, or reflective surfaced background or graphics. . Signs with non-contrasting background, graphics or font, which render the sign illegible. . Inflatable signs. . Off-site signage. B. General Sian Standards and Specifications . 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. . 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. . All permanent signs shall require a permit prior to erecting or attaching the sign. . Signage that is not approved as part of the Development Plan process, shall be approved administratively by the Planning Director. . If a situation arises that is not covered by these sign regulations or the type of permit required, the Planning Director shall provide written interpretation after consulting the City's Sign Ordinance. . All building-mounted signs shall meet or exceed all applicable city, state and federal codes. . All signs containing electrical components shall conform to the Uniform Lighting Code. C. Buildina-Mounted Sians 1. General. . Signs shall be placed to be cornpatible with the building and accent the architectural design of the structure. . Sign colors should be compatible with the building's color. . 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. 2. Wall signs. . Signs attached to front walls and/or side walls of buildings shall have a surface area not to exceed one (1) square foot per linear foot of the respective face of the building. Sign attached to rear walls of buildings shall have a surface area not exceeding one-half (~) square foot per linear foot of the surface area of the rear face of the building. No wall-mounted signs shall be permitted on the rear of the buildings in Sub Area A, which face the existing single-family residential developrnent. . For storefronts thirty feet (30') wide or less, a maximum letter height of 8" is required. R:\D P\2000\00-0140 Village of Temecula\Temecula Village PDQ - PC Changes.doc " . For storefronts 30'-60' wide, a maximum letter height of 12" is required. . For storefronts 60' wide or greater, a maximum letter height of 16" is required. . The maximum letter height allowed is 24". 3. 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 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. 4. Awning Signs . Twenty percent (20%) maximum coverage allowed of the total exterior surface of each awning. . Internal iIIurnination is prohibited. 5. 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. 6. 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 parking lot; maximum size of six (6) square feet; minimum of seven feet (1') vertical clearance shall be required from walking grade to the bottom of the sign. D. Monument Sians 1. General Requirements . All portions of signs, including the base, shall be constructed with materials and colors that are compatible with, and serve to complement the building. . 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. . Low growing shrubs, groundcover and/or annual color shall surround the base of the sign. The landscaping shall be a minimum of one (1) foot distance from the sign. R:\D P\2000\OO-OI40 Village of Temecula\Temecula Village POO - PC Changes.doc 32 2. Specific Requirements o Maior Monument Sion o One major monument sign, not to exceed nine feet (9') in height above grade with up to fifty (50) square feet of signage area shall be permitted at the project major entry. o Colors and materials for the sign shall reflect the center. o Up to five (5) tenants may be advertised on the sign. o Each tenant placard shall not exceed one foot (12") high. R:\D P\2000\OO~Ol40 Village of Temecu1a\Temecula Village PDQ - PC Changes.doc EXHIBIT SECTION 17.22.156 C . I I STUCCO FINISH PIlASTER CAP I , I .: ..' . i ,... . . . . RECESSED GlASS BLOCK 0 wi WROUGHT IRON GRILLE ~ I INTERNALLY ILLUMINATED. I ..., TYPICAL 4 SIDES STUCCO FINISH '0 MASONARY PIlASTER I c:o i VIage Martot ~ i DIRECTIONAL SIGNAGE I <? Book store , N c GIla ~ MOUNTED TO PIlASTER LEDGERSTONE VENEER lD PIlASTER BASE ALTERNATE: I c:o COBBLE STONE VENEER I PIlASTER BASE . ~ J FINISH GRADE i I 6" 2' -6" SQ. TYP. i 3' -6" SQ. I ELEVATION Pilaster Lamp / Directional Sign NTS ( Minor Monument Sians . A minor entry monument sign, not to exceed five feet (5') in height above grade with up to thirty-six (36) square feet of signage area shall be permitted at each minor entry monument sign. . Colors and materials for the sign shall reflect the center. . Up to three (3) tenants may be advertised on the sign. . Each tenant placard shall not exceed ten inches (10") high. R:\D P\2000\()().OI40 Village of Temecula\Temecula Village PDQ. PC Changes.doc E. Directional Sians . Shall consist of small-scale versions of monument sign design and contain graphics conforming to the design for monument signs and building mounted signs. . Shall have contrasting background/graphic colors. . Shall have direct or indirect concealed iIIurnination. . 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. . Shall not contain logos. R:\D P\2000\OO-OI40 Village of Temecula\Temecula Village PDQ - PC Changes.doc 35 EXHIBIT SECTION 17 . 22. 156 D i l.i,.t .''*" r G..~' ,"."" IQ~' ';;".,1- - J";~"i-' , .\il:~! I " I~ ~~-tf' n ~}". i 1~'N "" !I ! - Ii I, . =1~li - 't' "'[ , , " ~ " -r.: ! ~ 'i . r', , , i .~ : ~' , I .~ '''', . , i h '-'f(! , ( , ~, . , Ii l.ll' '" -.to -'--? 11 Cl t,~~; ~ I ~<4 -_-l{! .:iI , : w.~"f " ~ --L-_:t ~ ~I.:f. ~ " --.---.-J ,. _~i' ~ :1 .. --~' ., ~ - tJ 1 , , ~ - -''''-jo; ~ /< ') ~ t < -', , , ~", ec:, ; 1, i.{~,: !I:: . ~.' " ~ ~ "" 'I --- f l:'::~~-'; .,J in'- i ---1 m ---.J. .~ -y z ~'. I ~r, w ....... (J -~.~<~., ! -\- W .':~ 11 " ---q:i ,,,.... ,', 0 ' r ?' C -_.~---- J i;-L~? ... ! ~ : I', .- , "- ... , : x.. - I / , > __..1!____ \ '~, C . .' , 5 . -- -- - ., f ., " , " ~ '" " " .r ;1, . , , ~ --l ~tj ~ it' " -+ - --{t b1 3 .I.... H ,. 't*..... -f' ." ,-, ! ..-..... --..~.. " ---1i ~! ...;..;;. < -- - -., ~ , '-' ~ ... . ,ko. .3 ! rl) ~ -- ~~ '" ~. " Cl , t ~ '" . . '" " ,-- ,-~; ~ ~ t " 8 ~ ~ , I' ., S, ~ " - , ~ f? ~ ;. ~ - ""':'1: ,: ; s ~ " . '" :.. I: to.- '" ~ oj ~J~* i -..J ~ " i' '" ~ ~{-,~~ " l- ;[ ~ t::U ~ ~ ,,, ~ .. r~ '~;"0 :"-'l'.,l" ".'.'IL-'J1-: F"l .,.'-J'{rr: ';:~ ..~ -'-: ~':~ ":: "~l:':, "':-:mft<..:. ~.ifl{, .; . ~,;." ,.~.. 1. ,. .,.....~ ~.,. h. : "i;~, ,,' .tj . " :.,;,.:):! . "IDJ' "'''. !"';'-:".'-,..: . ";';'::,:' "'1"; _"f);_; Ii I. . ...I f......." "," ". , ",:' 8 'l.. , el' "Ii, ;-~t, jJ~ " i. ~ r} >'f .L :.\~~ ~, !.~l; t ~_ I! ,~ ~~ !If S.~ '\o-j.': . ~l 1, .t EXHIBIT SECTION 17.22.156 E ATTACHMENT NO.4 DRAFT RESOLUTiON APPROVING A DEVELOPMENT PLAN RID P\2000l00-0140 Village of TemeculalCC Agenda Report.doc 11 RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PAOO-0140, A DEVELOPMENT PLAN FOR THE DESIGN, CONSTRUCTION AND OPERATION OF A 160 UNIT APARTMENT COMPLEX AND EIGHT RETAIL OFFICE BUILDINGS TOTALING 68,700 SQUARE FEET; GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD, WEST OF COSMIC ROAD AND EAST OF THE MORAGA ROAD INTERSECTION OF RANCHO CALIFORNIA ROAD KNOWN AS ASSESSORS PARCEL NO(S). 944-290-012, 013, AND 014. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. MJW Property Group filed Planning Application Nos. PAOO-013a, General Plan Amendment, PAOO-0139, Zone Change, PAOO-0140, Development Plan, and PAOO-0152, Tentative Parcel Map, for the property consisting of approximately 23 acres generally located south of Rancho California Road, west of Cosmic Road and east of the Moraga Road intersection of Rancho California Road known as Assessors Parcel No(s). 944-290-01 2, 013, AND 014 ("Project"). B. The applications for the Project were processed and an environmental review was conducted as required by law, including the California Environmental Quality Act. C. The Planning Commission of the City of Temecula held a duly noticed public hearing on February 20, 2002 to consider the applications for the Project and environmental review. D. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2002-003 approving a Mitigated Negative Declaration and Mitigation Monitoring Plan for the Project, Tentative Parcel Map and Development Plan for the Project and recommended that the City Council approve of a General Plan Amendment and zone change for the Project. E. On June 25, 2002, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. F. On June 25, 2002, the City Council of the City of Temecula approved a Mitigated Negative Declaration and a Mitigation Monitoring Program for the Project when it adopted Resolution No. 02-_ entitled "A R:lResos 2002lResos 02-_ Section 2. findings: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM BASED ON THE INITIAL STUDY AND ADOPTION OF THE ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR PAOO-013a, PAOO-0139, PAOO-0140 AND PAOO-0152, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD, WEST OF COSMIC ROAD AND EAST OF THE MORAGA ROAD INTERSECTION OF RANCHO CALIFORNIA ROAD KNOWN AS ASSESSORS PARCEL NO(S). 944-290-012,013, AND 014." The City Council of the City of Temecula hereby makes the following The Project, including the Development Plan, is compatible with the health, safety and welfare of the community. The Project, including the Development Plan, 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. B. The Project, including the Development Plan, is compatible with surrounding land uses. The Project, including the Development Plan, 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 and represents a relocation of existing land uses. C. Section 3. The City Council hereby makes the following findings as required in Section 17.05.010 of the Temecula Municipal Code: A. The proposed uses are in conformance with the General Plan and with all applicable requirements of state law and local ordinances. The plan to develop an office/retail center and 160 apartment units is consistent with the General Plan land use designation of Office Professional and Medium Density Residential for the site, provided the service station is deleted from the plan. B. The overall development of the land as conditioned, is designed for the protection of the public health, safety, and general welfare. The development plan for the site is consistent with the City's Design Guidelines and conforms to all of the applicable sections of the Development Code and related Planned Development Overlay document. Provisions have been made to minimize the visual impact of the project, and all phases of construction will be inspected to ensure compliance with the applicable building and fire codes. Section 4. The City Council of the City of Temecula hereby approves the Application for a Development Plan (PAOO-0140) for the design, construction and operation of a 160 unit apartment complex and eight retail / office buildings totaling 6a,700 square feet, generally R:/Resos 2002!Resos 02-_ 2 located south of Rancho California Road, west of Cosmic Road and east of the Moraga Road intersection of Rancho California Road known as Assessors Parcel No(s). 944-290-012, 013, and 014 subject to the specific conditions of approval set forth in Exhibit A, attached hereto, and incorporated herein by this reference as though set forth in full. Section 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 25th day of June, 2002 Ron Roberts, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 02-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting held on the 25th day of June, 2002, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2002/Resos 02,_ 3 EXHIBIT A DEVELOPMENT PLAN CONDITIONS OF APPROVAL R:\D P\2000\OO-0140 Village ofTemecula\RESOCC DP .doc ] EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PAOO-0140 Development Plan Project Description: PAOO-0140 Construct 160 attached single-family residential units on approximately 15.26 acres and a 68,700 square foot office/retail center on approximately 7.71 acres. Development Impact Fee Category: Residential Attached and Retail Commercial Assessor's Parcel No.: 944-290-012, 013,and 014. Approval Date: February 20, 2002 Expiration Date: February 20, 2004 PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of One thousand three hundred and fourteen dollars ($1314.00) for the County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty- eight (48) hour period the applicant has not delivered to the 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 2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend with Legal Counsel of the City's own selection, the City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, void, annul, seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. City shall promptly notify the both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves its right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. The project and all subsequent projects within this site shall comply with all mitigation measures contained in the Mitigation Monitoring Program and conditions set forth. R\D P\2000\OO-0140 Village of Temecula\Development Plan COA's.doc t 4. After grading, all slopes shall be planted in accordance with the City's Slope Planting Guidelines. Jute netting will be required on all slopes greater than ten linear feet. 5. An Administrative Development Plan application shall be submitted and approved by the Planning Department for buildings on Pads C, D, and E , prior to issuance of building permits. 6. The final landscape plan shall indicate street trees planted along the Rancho California Road frontage as a minimum of 24-inch box London Plane (Plantus Acerfolia 'Bloodgood'). 7. Areas proposed for development in another phase occurring not within six months of the completion of the previous phase shall be temporarily seeded and irrigated for dust and soil erosion control. a. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 10. The development of the premises shall substantially conform to the approved Exhibits A through ff and the Color and Material Board on file with the Community Development Department - Planning Division. 11. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer, Property Owner's Association, or any successors in interest. 12. All mechanical and roof equipment shall be fully screened from public view by being placed below the lowest level of the surrounding parapet wall. 13. The colors and materials for the project shall substantially conform to those noted directly below and with the Color and Material Board on file with the Community Development Department - Planning Division. Primary wall exterior: 9. Entry Doors, Railing, Shutters Roof Fascia, Trim and Garage doors La Habra Stucco "Cortez" (Base 200) La Habra Stucco "Meadow Brook" (Base 100) Frazee "Old Porch" LRV 10 Lifetile California "Mission Blend" Frazee "Old Porch" LRV 10 14. The construction landscape drawings shall indicate coordination and grouping of all utilities, which are screened from view per applicable City Codes and guidelines. Prior to Issuance of a Building Permit 15. The applicant shall submit the architectural design of the apartment buildings for Planning Commission review. The architecture of the apartment shall be consistent with the architecture of the office/commercial buildings. (Added by the Planning Commission at the February 20, 2002 public hearing) 16. The apartment building on the east edge of the property in proximity to Lot numbers 36 and 37 of the Starlight Ridge Development shall be redesigned to the satisfaction of the Planning Department in order to reduce the negative view shed impacts. (Added by the Planning R\D P\2000\Oo-0140 Village of Temecula\Development Plan COA's.doc 2 Commission at the February 20, 2002 public hearing) 17. Prior to issuance of building permits, Covenants, Conditions, and Restrictions (CC&R's) shall be approved by the Planning Department and recorded with the Riverside County Recorder. The CC&R's shall contain provisions for the creation of a Property Owner's Association for the maintenance of all landscaping on the commercial parcels, and maintenance of all internal roadway and hardscape surfaces within those parcels. 18. The applicant shall provide a pedestrian access from the east portion of the Apartment Complex to Rancho California Road. A Site Plan shall be submitted to the Planning Department for approval prior to the issuance of a building permit. (Added by the Planning Commission at the February 20, 2002 public hearing) 19. The applicant shall insure that all trees planted along the east property line of the subject development be a minimum size of 24" box trees. The applicant shall revise the landscape plans and resubmit the plans for Planning Department approval prior to the issuance of a building permit. (Added by the Planning Commission at the February 20, 2002 public hearing) 20. The applicant shall add various tot lots throughout the apartment complex. The size, content and location shall be incorporated in the landscape plans and submitted to the planning Department for approval. (Added by the Planning Commission at the February 20, 2002 public hearing) 21. An Administrative Development Plan application shall be submitted and approved by the. Planning Department for all (9) nine apartment buildings, garages, carports and clubhouse proposed in this project. The applicant shall revise the architecture of the apartment buildings by incorporating the elements found in the retail! office buildings proposed. The elevations shall be reviewed by the Planning Commission and be approved by the Planning Department prior to the issuance of any building permits. (Added by the Planning Commission at the February 20, 2002 public hearing) Prior to Issuance of an Occupancy Permit 22. All perimeter and slope landscaping, including the Rancho California Road landscape planter area shall be installed to the approval of the Planning Director, prior to the first certificate of occupancy. 23. All conditions shall be complied with prior to any occupancy or use allowed by this Development Plan. 24. A one-year landscape maintenance bond of sufficient amount shall be submitted and approved by the Planning Department. 25. The applicant and owner of the real property represented by this approval shall join and maintain active membership in the Crime Free Multi-housing Program. (Added by the Planning Commission at the February 20, 2002 public hearing) Prior to Issuance of Grading Permits 26. A copy of the Rough Grading plans shall be submitted and approved by the Planning Department. 27. 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. DEPARTMENT OF PUBLIC WORKS 2a. 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. R:ID P\2000100-0140 Village of TemeculalDevelopmenl Plan COA's.doc ] General Requirements 29. It is understood that the Developer correctly shows on the tentative map all existing and propose? ~asements, traveled ways, improvement constraints and drainage courses, and their omiSSion may require the project to be resubmitted for further review and revision. 30. 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. 31. 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. 32. 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 issuance of a grading permit: 33. 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. Verizon g. Southern California Edison Company h. Southern California Gas Company Development Plan 34. 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. 35. 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. 36. 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. 37. 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. R\D P\2000\OO-Q140 Village of Temecula\Development Plan COA's.doc 4 3a. 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. 39. 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. 40. 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. 41. 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. 42. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: a. 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, 207 A and/or 208. c. Street lights shall be installed along the public streets shall be designed in accordance with City Standard Nos. 800, 801, 802 and a03. d. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400, 401 and 402. e. All street and driveway centerline intersections shall be at 90 degrees. \. All concentrated drainage directed towards the public street shall be conveyed through curb outlets per City Standard No. 301, 302 and/or 303. g. 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. h. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. i. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. 43. Private roads shall be designed to meet City public road standards. Unless otherwise approved the following minimum criteria shall be observed in the design of private streets: a. Street "A" (private street) shall have a minimum paved width of 28-ft. with 50-ft. right- of-way. b. The driveway at the main entrance shall have a minimum paved width of 76-ft. with a 6' sidewalk on each side. c. The easterly driveway shall have a minimum paved width of 30-ft. with a 6' sidewalk on each side. d. The driveway leading to the residential section shall have a minimum paved width of 2a-ft. with a 5' sidewalk on each side. e. Cul-de-sac geometries shall meet current City Standards. f. 90 parking immediately adjacent to the private streets shall be located a minimum safe distance from intersections. R:ID P\2000100,0140 Village of TemeculalDevelopmenl Plan COA's.doc 5 g. Identify whether gates will be proposed at entrances to project. If so, configuration, stacking distance, and turn-around ability will need to be reviewed and approved by the Fire Department and the Department of Public Works. h. All intersections shall be perpendicular (90). i. All driveways providing access to two or more buildings shall be designed as a cul- de-sac or a loop road. 44. 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. 45. The westerly and easterly driveways shall be restricted to right-in/right-out. The main driveway shall have full turning movements. 46. 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. 47. 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. 4a. The Developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the Developer shall, prior to submittal of the Parcel 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 off-site 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 City prior to commencement of the appraisal shall have approved the appraiser. 49. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 50. 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. 51. A minimum 24' easement shall be dedicated for public utilities and emergency vehicle access for all private streets and drives. 52. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 53. A reciprocal ingress/egress access easement shall be provided for the review and approval of the Department of Public Works. Prior to Issuance of Building Permits 54. Parcel Map 29140 shall be approved and recorded. 55. 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. 56. 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. R:\O P\2000\OQ-0140 Village of Temecula\Development Plan COA's.doc 6 57. 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. 5a. An easement for a joint use driveway shall be provided prior to approval of the Parcel Map or issuance of building permits, whichever occurs first. Prior to Issuance of Certificates of Occupancy 59. A bus bay within the property frontage will be provided on Rancho California Road, as determined by the Department of Public Works. 60. 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: a. Improve Rancho California Road (Arterial Highway Standards -110' RfW) to include installation of sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), 14' raised landscaped median, deceleration lane. (i) The Developer shall reimburse the City the cost for the construction of half width of the raised landscape median (yet to be built along Rancho Califomia Road) at a rate not to exceed $50.00 per lineal foot. (ii) The Developer is to reimburse the City for their fair share of the cost of the existing median built by adjoining properties along Rancho California Road. The Developer is responsible for the frontage along their property. b. Install a 200' long deceleration lane on Rancho California Road at the proposed main entrance, as approved by the Department of Public Works. Dedicate an additional 1 0' of right-of-way for the deceleration lane. c. Provide an easement at the main entrance for the maintenance of traffic signal equipment, loops, and interconnect. d. Design and install a traffic signal at the intersection of Rancho California Road and the main entrance. 61. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. 62. 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 63. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 64. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 65. 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. Prior to Issuance of Grading Permits 66. 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 R\D P\200Q\OQ.Q140 Village of Temecula\Development Plan COA's.doc 7 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 g. Verizon h. Southern California Edison Company i. Southern California Gas Company 67. 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. 68. 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. 69. 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. 70. 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. 71. 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. 72. 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. 73. 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. 74. 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. Prior to Issuance of Building Permits 75. Parcel Map shall be approved and recorded. R\D P\2000\OQ-0140 Village of Temecula\Development Plan COA's.doc 8 76. 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. 77. Grading ofthe 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. 78. 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. Prior to Issuance of Certificates of Occupancy 79. 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 d. Southern California Edison ao. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. al. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 82. 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 83. Prior to installation of arterial street lighting, the developer shall file an application with the TCSD and pay the appropriate energy fees related to the transfer of said street lighting into the respective TCSD maintenance program. 84. All parkway landscaping, slope areas and interior streetlights shall be maintained by the property owner or private maintenance association. 85. The Developer shall provide adequate space for a recycling bin within the trash enclosure areas. a6. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 87. Class II bike lanes shall be included on the street improvement plans for Rancho California Road. Any damage caused to the existing Class II bike lanes on Rancho California Road as a result of construction shall be repaired or replaced, as determined by Public Works. Prior to the issuance of buildinQ permits: 8a. The developer shall satisfy the City's parkland dedication requirement through the payment of in-lieu fees equivalent to .97 acres of parkland, based upon the City's the current land evaluation. Said requirement includes a 50% credit for private recreational opportunities provided on-site and shall be pro-rated at a per dwelling unit cost prior to the issuance of each building permit requested. BUILDING AND SAFETY a9. All design components shall comply with applicable provisions of the 1998 edition of the R:\D P\2000\OQ-0140 Village of Temecula\Development Plan COA's.doc 9 California Building, Plumbing and Mechanical Codes; 199a National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 90. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 forthe regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 91. 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. 92. Obtain all building plans and permit approvals prior to commencement of any construction work. 93. Obtain street addressing for all proposed buildings prior to submittal for plan review. 94. Disabled access from the public way to the main entrance of the 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) 95. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1 , 1998) 96. Provide disabled access from the public way to the main entrance of the building. 97. Provide van accessible parking located as close as possible to the main entry. 98. Show path of accessibility from parking to furthest point of improvement. 99. Provide house electrical meter provisions for powerfor the operation of exterior lighting, fire alarm systems. 100. Restroom fixtures, number and type, to be in accordance with the provisions of the 199a edition of the California Building Code Appendix 29. Obtain the Division of the State Architect recommendation for the accessible restroom dimensions for toddlers from the Building Official, to implement in the building design. 101. Provide an approved automatic fire sprinkler system. 102. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 103. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 104. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 105. Provide precise grading plan for plan check submittal to check for handicap accessibility. 106. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 107. Trash enclosures, patio covers, light standard and any block walls if not on the approved building plans, will require separate approvals and permits. 108. Show all building setbacks. 109. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one- R\D P\200Q\OO-0140 Village of Temecula\Development Plan COA's.doc 10 quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Holidays FIRE DEPARTMENT 110. Final fire and life safety conditions will be addressed when the Fire Prevention Bureau reviews building plans. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes that are in force at the time of building plan submittal. 111. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-l. The developer shall provide for this project, a water system capable of delivering 1a75 GPM at 20-PSI residual operating pressure, plus an assumed sprinkler demand of a50 GPM for a total fire flow of 2725 GPM with a 3-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 III-A) 112. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. A minimum of4 hydrants, in a combination of on-site and off- site (6" x 4" x 2-21/2" outlets) on a looped system shall be located on fire access roads and adjacent to public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to an hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B). 113. 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) 114. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul- de-sac shall be forty-five (45) feet. (CFC 902.2.2.2.3 and Subdivision Ord 16.03.020) 115. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC a704.2 and 902.2.2) 116. 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 Ibs. GVW. (CFC 8704.2 and 902.2.2.2) 117. 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 ao,ooo Ibs. GVW with a minimum AC thickness of .25 feet. ( CFC see 902) 118. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) 119. The gradient for a fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 902.2.2.6 Ord. 99-14) 120. Prior to building construction, dead end roadways and streets in excess of one hundred and RID P\20001OD-0140 Village ofTemeculalDevelopment Plan COA's.doc \I fifty (150) feet, which have not been completed, shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) 121. Prior to building construction, this development shall have two (2) points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) 122. 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) 123. 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) 124. 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 have a minimum of six (6) inch high letters andlor numbers on both the front and rear doors. Single-family residences and multi-family residential units shall have four (4) inch letters and lor numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) 125. Prior to issuance of a Certificate of Occupancy or building final, a directory display monument sign shall be required for 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. 126. 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) 127. 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) 128. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located in locations approved by the Fire Department. (CFC 902.4) 129. 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) 130. 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. 131. 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 R:\O P\2000\OG-0140 Village of Temecula\Development Plan COA's.doc 12 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) 132. 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 133. 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) 134. 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) 135. Prior to building permit issuance, a full technical report may be required to be submitted and to the Fire Prevention Bureau. This report shall address, but not be limited to, all fire and life safety measures per 199a CFC, 1998 CBC, NFPA -13,24,72 and 231-C. 136. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a simple floor plan, each as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. 137. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) 138. The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports. (CFC Appendix II-E) OUTSIDE AGENCIES 139. The applicant shall comply with all the mitigation measures identified in the attached Mitigation Monitoring Plan. (Environmental Mitigation Measures) 140. The applicant shall comply with all the requirements set forth in the letter from the United States Department of the Interior Fish and Wildlife Services dated May 31, 2000. (Attached letter) 141. The applicant shall comply with all the requirements set forth in the letter from the Pechanga Cultural Resources dated January 10, 2002. (attached letter) 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. R:ID P\2000100-0140 Village of TemeculalDevelopment Plan COA's.doc Il Applicant's Signature Date Name printed R\O P\2000\OO-0140 Village of Temecula\Development Plan COA's.doc 14 ATTACHMENT NO.5 , DRAFT RESOLUTION APPROVING A TENTATIVE PARCEL MAP RID P\2000l00-0140 Village of TemeculalCC Agenda Report.doc 12 RESOLUTION NO. 02_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PAOO-0152 - TENTATIVE PARCEL MAP NO. 29140 RE- SUBDIVIDING THE SITE FROM 3 LOTS INTO 8 LOTS, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD, WEST OF COSMIC ROAD AND EAST OF THE MORAGA ROAD INTERSECTION OF RANCHO CALIFORNIA ROAD KNOWN AS ASSESSORS PARCEL NO(S). 944-290-012, 013, AND 014. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. declare that: R:/Resos 2002fResos 02-_ The City Council of the City of Temecula does hereby find, determine and A. MJW Property Group filed Planning Application Nos. PAOO-013a, General Plan Amendment, PAOO-0139, Zone Change, PAOO-0140, Development Plan, and PAOO-0152, Tentative Parcel Map, for the property consisting of approximately 23 acres generally located south of Rancho California Road, west of Cosmic Road and east of the Moraga Road intersection of Rancho California Road known as Assessors Parcel No(s). 944-290-01 2, 013, AND 014 ("Project"). B. The applications for the Project were processed and an environmental review was conducted as required by law, including the California Environmental Quality Act. C. The Planning Commission of the City of Temecula held a duly noticed public hearing on February 20, 2002 to consider the applications for the Project and environmental review. D. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2002-003 approving a Mitigated Negative Declaration and Mitigation Monitoring Plan for the Project, Tentative Parcel Map and Development Plan for the Project and recommended that the City Council approve of a General Plan Amendment and zone change for the Project. E. On June 25, 2002, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. F. On June 25, 2002, the City Council of the City of Temecula approved a Mitigated Negative Declaration and a Mitigation Monitoring Program for the Project when it adopted Resolution No. 02-_ entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA Section 2. findings: A. Section 3. declare that: R:/Resos 2002lResos 02-_ ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM BASED ON THE INITIAL STUDY AND ADOPTION OF THE ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR PAOO-0138, PAOO-0139, PAOO-0140 AND PAOO-0152, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD, WEST OF COSMIC ROAD AND EAST OF THE MORAGA ROAD INTERSECTION OF RANCHO CALIFORNIA ROAD KNOWN AS ASSESSORS PARCEL NO(S). 944-290-012,013, AND 014." The City Council of the City of Temecula hereby makes the following The Project, including the Tentative Map, is compatible with the health, safety and welfare of the community. The Project, including the Tentative Map, 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. B. The Project, including the Tentative Map, is compatible with surrounding land uses. C. The Project, including the Tentative Map, 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 and represents a relocation of existing land uses. The City Council of the City of Temecula does hereby find determine and A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code and General Plan. Each lot will conform to the minimum lot size requirement of the original zoning district, and as permitted by the Planned Development Overlay zone, may have parcels with access across other parcels created on the same site. Conditions of approval will ensure that the common-use facilities such as parking, sidewalks, and landscaping are maintained by a Property Owner's Association. B. 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 C. The site is physically suitable for the type and proposed density of development proposed by the tentative map. Based on environmental documents submitted with the application and an Initial Study which was prepared by staff in accordance with the California Environmental Quality Act, it has been determined that the site is physically suitable for the type and density of development being proposed. Conditions of approval have 2 been added to ensure that final soils reports are submitted with the construction plans. D. The design of the subdivision 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. Based on the Initial Study, a Mitigated Negative Declaration and Mitigation Monitoring Plan has been prepared which will provide conditions and requirements to reduce the impacts of the project to a less than significant level. City staff will ensure compliance of the mitigation measures as provided in the Monitoring Plan. E. The design of the proposed land division or the type of improvements is not likely to cause serious public health problems. All phases of construction will be inspected by appropriate City staff to ensure compliance with all construction and fire codes. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The project has been conditioned to comply with the Uniform Building Code, which contains requirements for energy conservation. G. 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. As conditioned, the project will be required to provide access easements across each lot to provide for parking and on-site circulation. H. The subdivision is consistent with the City's parkland dedication requirements (Quimby). Section 4. The City Council of the City of Temecula hereby approves Tentative Parcel Map No. 29140, Application No. PA 00-0152, subdividing the existing 3 lots into a lots, for the property generally located south of Rancho California Road, west of Cosmic Road and east of the Moraga Road intersection of Rancho California Road known as assessors parcel no(s). 944-290-012, 013, and 014 subject to the specific conditions set forth in Exhibit A, attached hereto, and incorporated herein by this reference as though set forth in full. Section 5. The City Clerk shall certify to the adoption of this Resolution. R:/Aesos 2002lResos 02~ _ 3 PASSED, APPROVED AND ADOPTED this 25th day of June, 2002. Ron Roberts, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 02-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting held on the 25th day of June, 2002, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:!Resos 2002lResos 02-_ 4 EXHIBIT A CONDITIONS OF APPROVAL FORA TENTATIVE PARCEL MAP R:\D P\2000\OO-0140 Village ofTemecula\RESO CC TPM.doc 4 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PAOO-0152 Tentative Parcel Map Project Description: PAOO-0152 Tentative Parcel Map subdividing the current three parcels, which are a portion of lot 24 of Tract 3334, into 8 individual parcels. Development Impact Fee Category: Residential Attached and Retail Commercial Assessor's Parcel No.: 944-290-012, 013,and 014. Approval Date: February 20, 2002 Expiration Date: February 20, 2004 PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of One thousand three hundred and fourteen dollars ($1314.00) for the County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 2110a(b) and California Code of Regulations Section 15075. If within said forty- eight (48) hour period the applicant has not delivered to the Community Development Department - Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements 2. The parcel map shall comply with the State of California Subdivision Map Act and to all the requirements of the City of Temecula's 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. 3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend with Legal Counsel of the City's own selection, the City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, void, annul, seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters ofthe City, concerning the Planning Application. City shall promptly notify the both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves its right to take any and all action the City R:ID P\2000100-Q140 Village ofTemeculalParcel Map COAs.doc I deems to be in the best interest of the City and its citizens in regards to such defense. 4. The project and all subsequent projects within this site shall comply with all mitigation measures contained in the Mitigation Monitoring Program and conditions set forth. Parcel Map Prior to Approval of the Parcel 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: 5. 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. Cable TV Franchise i. Community Services District j. Verizon k. Southern California Edison Company I. Southern California Gas Company 6. 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: a. Improve Rancho California Road (Arterial Highway Standards - 110' R/W) to include installation of sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), 14' raised landscaped median, deceleration lane. (i) The Developer shall reimburse the City the cost for the construction of half width of the raised landscape median (yet to be built along Rancho California Road) at a rate not to exceed $50.00 per lineal foot. (ii) The Developer is to reimburse the City for their fair share of the cost of the existing median built by adjoining properties along Rancho California Road. The Developer is responsible for the frontage along their property. b. Install a 200' long deceleration lane on Rancho California Road at the proposed main entrance, as approved by the Department of Public Works. Dedicate an additional 1 0' of right-of-way for the deceleration lane. c. Provide an easement at the main entrance for the maintenance of traffic signal equipment, loops, and interconnect. d. Design and install a traffic signal at the intersection of Rancho California Road and the main entrance. 7. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. 8. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: a. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. R:\D P\2000\OO-0140 Village of Temecula\Parcel Map COAs.doc 2 b. Driveways shall conform to the applicable City Standard Nos. 207, 207 A and/or 208. c. Street lights shall be installed along the pUblic streets shall be designed in accordance with City Standard Nos. aoo, 801, 802 and a03. d. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400, 401 and 402. e. All street and driveway centerline intersections shall be at 90 degrees. f. All concentrated drainage directed towards the public street shall be conveyed through curb outlets per City Standard No. 301, 302 and/or 303. g. 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. h. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. i. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. 9. Private roads shall be designed to meet City public road standards. Unless otherwise approved the following minimum criteria shall be observed in the design of private streets: a. Street "A" (private street) shall have a minimum paved width of 2a-ft within a 50-ft. right-of-way. b. The driveway at the main entrance shall have a minimum paved width of 76-ft. with a 6' sidewalk for each. c. The easterly driveway shall have a minimum paved width of 30-ft. with a 6' sidewalk on each side. d. The driveway leading to the residential section shall have a minimum paved width of 28-ft. with a 5' sidewalk on each side. e. Cul-de-sac geometries shall meet current City Standards. f. 90 parking immediately adjacent to the private streets shall be located a minimum safe distance from intersections. g. Identify whether gates will be proposed at entrances to project. If so, configuration, stacking distance, and turn-around ability will need to be reviewed and approved by the Fire Department and the Department of Public Works. h. All intersections shall be perpendicular (90). i. All driveways providing access to two or more buildings shall be designed as a cul- de-sac or a loop road. 10. 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. 11. Relinquish and waive right of access to and from Rancho Califomia Road on the Parcel Map with the exception of three (3) openings, as delineated on the approved Tentative Parcel Map. a. The westerly and easterly driveways shall be restricted to right-inlright-out. The main driveway shall have full turning movements. 12. 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. a05. 13. All easements and/or right-of-way dedications shall be offered for dedication to the public or R:\D P\2000100,0140 Village of Temecula\Parcel Map COAs.doc ] 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. 14. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision, which is part of an existing Assessment District, must comply with the requirements of said section. Prior to City Council approval of the Parcel Map, the Developer shall make an application for reapportionment of any assessments with appropriate regulatory agency. 15. Any delinquent property taxes shall be paid. 16. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Parcel 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 following information shall be on the ECS: a. The delineation of the area within the 1 OO-year floodplain. b. Special Study Zones. c. Geotechnical hazards identified in the project's geotechnical report. d. Archeological resources found on the site. 17. 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. 18. The Developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the Developer shall, prior to submittal of the Parcel 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 off-site property interests required in connection with the subdivision. Security of a portion ofthese 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. 19. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 20. 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. 21. A bus bay within the property frontage will be provided on Rancho California Road, as determined by the Department of Public Works. 22. A minimum 24' easement shall be dedicated for public utilities and emergency vehicle access for all private streets and drives. 23. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. 24. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 25. An easement for a joint use driveway shall be provided prior to approval of the Parcel Map or issuance of building permits, whichever occurs first. 26. A reciprocal ingress/egress access easement shall be provided for the review and approval of the Department of Public Works. 27. Easements, when required for roadway slopes, landscape easements, drainage facilities, R\D P\2000\OQ-0140 Village of Temecula\Parcel Map COAs.doc 4 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 Building Permits 28. Parcel Map shall be approved and recorded. OUTSIDE AGENCIES 29. The applicant shall comply with all the mitigation measures identified in the attached Mitigation Monitoring Plan. (Environmental Mitigation Measures) 30. The applicant shall comply with all the requirements set forth in the letter from the United States Department of the Interior Fish and Wildlife Services dated May 31, 2000. (Attached letter) 31. The applicant shall comply with all the requirements set forth in the letter from the Pechanga Cultural Resources dated January 10, 2002. (attached letter) By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Name printed R:ID P\200010o-0140 Village ofTemeculalParcel Map COAs.doc 5 CITY OF TEMECULA " G . -- - - 11II -'l.t'J~ -- .~ ::== ::o..:::::.~,.,.,._ --- -'--"' =. .'_".1 - -- --......- ~ ~==-= .,.' ~ .- -. --- - CASE NO. - PAOO-0138, 0139, 0140 & 0152 EXHIBIT -I PLANNING COMMISSION DATE- February 20,2002 TENTATIVE PARCEL MAP R:\D P\2000100-G140 Village of TemeculalStaff Report and COAs,doc 41 ATTACHMENT NO.6 PLANNING COMMISSION MINUTES R:ID P12000l00-0140 Village of TemeculalCC Agenda Report.doc 1a Planning Application No. 00-0138, 0139, 0140 and 0152 (General Plan Amendment, Change of Zone, Development Plan and a Tentative Parcel Map) - Rolfe Preisendanz, Assistant Planner 1.1 Recommend to City Council, adoption of a Mitigated Negative Declaration and Mitigation Monitoring Program based on the Initial Study, which was prepared pursuant to CEQA Guidelines Section 15072; 1.2 Adopt a Resolution entitled: PC RESOLUTION NO. 2002-003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING CITY COUNCIL APPROVAL OF PLANNING APPLICATION NO. 00-0138, A GENERAL PLAN AMENDMENT TO REALIGN THE PROFESSIONAL OFFICE (PO) AND MEDIUM DENSITY RESIDENTIAL (M) LAND-USE DESIGNATION BOUNDARIES OF A 23 ACRE SITE; PLANNING APPLICATION NO. 00-0139, A CHANGE OF ZONE FROM PROFESSIONAL OFFICE (PO) AND MEDIUM DENSITY RESIDENTIAL (M) TO PLANNED DEVELOPMENT OVERLAY (PDO), AND THE STANDARDS AND REGULATIONS CONTAINED IN THE ACCOMPANYING PDO DOCUMENT, PLANNING APPLICATION NO. 00-0140, A DEVELOPMENT PLAN FOR THE DESIGN, CONSTRUCTION AND OPERATION OF A 160 UNIT APARTMENT COMPLEX AND EIGHT RETAIL I OFFICE BUILDINGS TOTALING 68,700 SQUARE FEET, AND PLANNING APPLICATION NO. 00-0152, A TENTATIVE PARCEL MAP SUBDIVIDING 3 LOTS AND CREATING 8 LOTS, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD, WEST OF COSMIC ROAD AND EAST OF THE MORAGA ROAD INTERSECTION OF RANCHO CALIFORNIA ROAD KNOWN AS ASSESSORS PARCEL NO(S). 944-290-012, 013,014. Staff's presentation By way of overheads, Assistant Planner Preisendanz provided an overview of the project plan (per agenda material), relaying the following: 1) the proposal to amend the General Plan in order to realign the current vertical designation to a more horizontal orientation which would allow for the Commercial and Office portion of the property to be located along Rancho California Road and the Medium Density to be located along the southerly portion of the project, 2) the proposal to amend the Zoning Map which would allow for a Planned Development Overlay (PDO) and will provide the Development Standards and Design Guidelines for future development, 3) the proposal to develop a 160-unit apartment complex with garages and carports on the southern portion of the project site, and Commercial/Retail/Office buildings on the northerly portion, and 4) to subdivide the site (three existing parcels) into eight parcels via a Tentative Parcel Map with seven of these parcels being in the Commercial/Office area, and one remaining in the Residential area. Continuing his presentation, Assistant Planner Preisendanz relayed that staff has been working with the applicant regarding this particular project for over two years, addressing land use R:ID P\2000100-0140 Village of T emeculalCC Agenda Report.doc 19 compatibility (primarily with neighboring residents in the Starlight Ridge, The Villages, and the Temecula Ridge Apartments) and buffering elements, advising that due to these issues of concern, staff requested the applicant to submit a PDO which will require an increased setback along the easterly portion of the property (25 feet), and require an additional setback along the southerly portion of the property that abuts the apartments in Starlight Ridge (noting the requirement for a 25-foot landscaped buffer), relaying that the closest building along the southerly portion would 65 feet, the closest apartment building along the easterly portion would be 45 feet, noting the requirement for enhanced landscaping to further the buffering of the property from the adjacent homeowners; via maps, specified the area within the PDO where the Commercial buildings would be required to be one story in order to lower the impact to the adjacent homeowners to the east; relayed that within the PDO area, the apartment complexes will be required to be kept at a two-story level maximum (with a 35-foot height limit); advised that in order to provide land use compatibility through the PDO, staff is requiring the applicant (in order to retain staff's recommendation for approval) to remove the gas station which is proposed at the front entry of the project, noting that staff was of the opinion that this use would be more vehicular-oriented rather than pedestrian-oriented; and concluded that it was staff's opinion that this project plan would provide a better project than was originally designated under the General Plan and zoning. For Chairman Chiniaeff, via overheads, Assistant Planner Preisendanz provided additional specification regarding the easterly edge of the property with respect to the relationship between the height of the one building (which was at a distance of 45 feet) and the adjacent lots (Lot Nos. 2, 5, and 6) in the Starlight Ridge development. Mr. Larry Markham, representing the applicant, specifying how the height of this building would relate to the pad elevations of these adjacent lots. The applicant's presentation Mr. Barton L. Buchalter, the applicant, thanked City staff for their efforts regarding this particular proposal, noting that since approximately 199a this project has been through numerous machinations; noted his willingness to continue working with staff, now the Planning Commission, ultimately the City Council, as well as the surrounding residents, to make efforts to ameliorate the concerns expressed; with respect to the fear expressed from various residents regarding an increase in traffic and crime with the development of an apartment complex, relayed that based on other projects that this particular company has developed in the community, this project development would be an asset to the community; noted that this family has a history of building the highest quality project feasible and maintaining ownership after the project's completion; specified the allowable uses with the current zoning, and the vast improvement with the current proposal; provided additional information regarding the Commercial area; apprised the Planning Commission of the community meeting the applicant held with the Portolino Apartment and Woodcreek Apartment communities (inviting 6aa residents and/or families) to review the project plan, advising that during the four-hour event only one negative comment was expressed whereby a resident noted a desire to exclude the proposed gas station; with respect to the gas station use, noted the relative importance of this use due to the associated economic viability of the project, clarifying that this use would be restricted, as follows: no alcohol sold on the premises, limited hours, and high architectural standards; and relayed that with these restrictions, the benefits of including this use in the project would outweigh any detrimental impacts, additionally noting the lack of gas stations in this area. Mr. Larry Markham, representing the applicant, presented the project plan; provided a brief history of the property, the previous zoning, and the proposed PDO; noted the efforts of the applicant to mitigate the impacts related to the view shed; relayed the benefit of being able to R:ID P12000l00,0140 Village ofTemeculalCC Agenda Report.doc 20 eliminate left-turn movements into the Target Center (to enter the Mobil gas station), the Texaco gas station, and the Shell station with the inclusion of the proposed gas station; introduced the development team members who were available to answer questions; with respect to the letters staff received today (dated February 13, 2002, and January 29,2002, from representatives of the Starlight Ridge, Alta Vista, and The Villages Homeowners Associations), advised that the applicant would address these comments in written detail prior to City Council presentation of the project; and with respect to architectural design, noted that the applicant was open to architectural comments from the Planning Commission. The applicant addresses the PlanninQ Commission's Questions For informational purposes, Commissioner Olhasso noted that for future projects, it would be her preference that three- and four-story projects be developed in Temecula; with respect to this particular project, recommended that the European-styled design of the retail area be carried over to the apartment architecture; and recommended the inclusion of tot lots in the project plan. For Commissioner Telesio, Mr. Markham provided information regarding the applicant's view of what constitutes an "amenity," advising that it would be an element that enhanced the project (I.e., a pool, a recreation room, an exercise room), creating a more attractive high quality apartment complex which would be an asset to the community, noting the applicant's openness for input from the Planning Commission regarding a definition for the term "amenity:' specified the proposed access points in the project, additionally noting the pedestrian access points; advised that the signage for the gas station would most likely be a low profile monument sign, relaying that the applicant would be willing to come back to the Planning Commission for review of the signage plan for the Commercial area, and in particular the gas station when a sign program was developed. Addressing Commissioner Mathewson's queries, Mr. Markham confirmed that the minimum landscape setback requirement on the eastern portion of the project proximate to the Commercial area was 25 feet, 45 feet on the eastern side proximate to the residential area, 65 feet on the south, and approximately 25 feet on Rancho California Road; specified the pedestrian linkage from the Multi-family area to the Commercial area on the western portion of the project, providing additional information regarding the design of this access which met ADA requirements, confirming that while there was no pedestrian access route on the east side of the access road, there was a possibility that a route could be incorporated into the slope, advising that the project was designed to encourage all the pedestrian access on the western side. For Commissioner Guerriero, the applicant's representative noted that the Portofino Project's setback was approximately 15 feet (Commissioner Guerriero relaying that the Temecula Ridge Development had a setback of approximately 120 feet), Mr. Markham advising that this particular project's setback along Rancho California Road for the Commercial area was 25 feet from the property line which constituted 31 feet of landscaped setback including the area behind the sidewalk, additionally noting that there was also a slight grade difference. For clarification, Mr. Buchalter noted that the property owner inherited certain elements included in this project, and subsequently made revisions as staff directed, and time allowed; and in response to Commissioner Olhasso's comments, advised that the applicant would not be opposed to revising the design of the apartment complex, implementing a more contemporary style. For the Planning Commission's information, Senior Planner Hogan confirmed that a clear definition of what constitutes an "amenity" has not yet been determined (as the term relates to R:\D P\2000\OO-0140 Village of Temecula\CC Agenda Report.doc 21 the Growth Management Plan), noting that both the Planning Commission and the City Council have struggled with this term. For Commissioner Mathewson, Mr. Vince Di Donato, landscape architect representing the applicant, specified the various trees proposed which would provide varying heights, some color, screening, and a softening effect on the wall, advising that when the trees mature the building would nearly completely be screened; confirmed that the majority of the trees would be 24-inch box size, providing additional information regarding each species growth rate; and advised that the applicant would not be opposed to increasing the size of a portion of the trees if that was the desire of the Planning Commission. The public is invited to comment The following individuals spoke as proponents of the project: " Mr. A. G. Kading " Ms. Carolyn Fritchey " Mr. Robert Oder 2000 Rancho California Road 42763 North Star Court 29911 Mira Loma Drive The above-mentioned individuals were in favor of the project for the following reasons: . The zone change was preferable. . Impressed with this ultimate proposal, noting the changes the project has undergone. . The proposed retail center will be a stabilizing influence for the Multi-family areas. . In favor of the proposed service station if a high level of architectural design were to be implemented. . Noted that alternate projects this particular company has developed have been exemplary. . Relayed a desire to obtain information regarding the uses in the retail center. . Per comments relayed at a National Association of Homebuilders Conference, advised that "amenities" were described as any element, which could assist in the improvement of the lifestyle in an apartment (i.e., a gated complex). . After attending an informational meeting regarding the project, noted that numerous concerns were allayed, in particular the grading plan (which would lower the site), the location, the design, the proposed permitted uses at the Commercial Center, the fact that this property owner has a history of continuing ownership after development of projects, and the owner's contention that he will continue with the ownership of this property, and the proposed fencing. . As an 1 a-year resident residing adjacent to this property, opined that it was an individual's responsibility to obtain information regarding parcels surrounding one's residence, advising that she had known for years that this property was planned to be a Commercial/Multi-family development. . Emphasized the importance of the rights of property owners to develop on their own land. . Advised that the concerns of the residents residing proximate to the project site should be addressed, if feasible. . The benefits due to the shopping center with its pedestrian links. . The need for apartments in Temecula, and the probable decrease in rental prices as the demand is met. For informational purposes, Mr. Oder noted his concurrence with Commissioner Olhasso's comments regarding the recommendation for future apartment projects to be taller, and fewer to be of the traditional box-shaped design. The following individuals expressed oppOSition to the project: R:\D P\2000\OO,0140 Village ofTemecula\CC Agenda Report.doc 22 " Mr. David Boucher 42797 Twilight Court " Mr. Scott Hanson 42298 Cosmic Drive " Ms. Marli Calabrese 42059 Cosmic Drive " Ms. Laura Hanson 42298 Cosmic Drive " Mr. Thomas Chisham 42422 Agena Street The above-mentioned individuals were opposed to the project for the following reasons: . Concerned regarding air quality and noise impacts associated with this project. . Desired a greater buffer between the project and the surrounding areas. . Opposed to the proposed gas station. . Concerned regarding the view of the parking lot from the street. . Expressed a preference for the development of professional offices rather than retail uses. . Decreased property values. . Noted a preference for the development of condominiums in lieu of apartments, in particular, at the top portion of the project. . The natural rural character of the community would be decreased with implementation of this project. . Recommended that there be more of a transitional project (i.e., office buildings) developed and not a major commercial center. . Read a letter (which was submitted to staff) written by Ms. Debra Moreno who could not attend this hearing but had concerns regarding the project, the letter including comments previously expressed, as well as a concern regarding traffic impacts. . Inadequate access points for children traveling to school. In response to Mr. Boucher's comments regarding the negative impacts this project would have on his view shed, Chairman Chiniaeff noted that if this property was graded flat, a single-family home would be proximately the same ultimate height as this multi-family unit with the proposed grading plan. In response, Mr. Boucher additionally noted his preference for multi-family units for ownership, and not as rentals. For Chairman Chiniaeff, Mr. Scott Hanson noted that his residence did not back directly adjacent to the project, reiterating his concern regarding noise impacts. For the record, Chairman Chiniaeff noted the Planning Commission's receipt of two letters, which staff received today, February 20, 2002 (dated February 13, 2002, and January 29, 2002, from representatives of the Starlight Ridge, Alta Vista, and The Villages Homeowners Associations), which were previously referenced by Mr. Markham. It is additionally noted for the record that a petitiori with 27 signatures attached to the letter of February 13, 2002 (which outlined concerns regarding the project) was submitted to staff, as well as the letter from Ms. Moreno, which was read into the record during the public comment period. The applicant's rebuttal Mr. Markham further addressed the following issues: o Concurred that this project would have no greater impact regarding the view shed than would a single-family home, which Chairman Chiniaeff had explained earlier. o Relayed that the setbacks had been increased at the direction of staff (between the time of last year's and this year's community meetings). R:ID P\2000l00,0140 Village of TemeculalCC Agenda Report.doc 23 o Provided additional information regarding the PDO, which is a zoning document; and noted that the least intensive commercial area was located proximate to the single-family homes (in Sub-area A). o With respect to concern raised regarding the maintenance of the property since it was for rental occupants and not for ownership, specified the alternate projects in the community that this company owns and maintains. o Relayed that the project was conditioned to design and construct a signal, which would additionally assist the Portofino residents. o Advised that it was likely that the primary cause of the noise impact that residents are experiencing was derived from the traffic onramps on Rancho California Road and would not be as a result of this project, noting that Mr. Dodson could further address this issue. o Noted that the project was conditioned to build an a-foot high wrought iron fence along the property line, which will be consistent with the fencing along the Kading property, relaying that this fencing would aid in addressing various concerns of the surrounding residents. o In response to Commissioner Mathewson's queries, provided additional information regarding the development of condominiums and the associated construction liability issues. Mr. Buchalter provided the following information: o Clarified that this property was purchased due to the existing Multi-family zoning, specifying the efforts to make numerous improvements in the project plan. o With respect to the ownership vs. rental issue, specified that this particular company solely develops rental projects (i.e., high-end apartment complexes), additionally noting the success of the Ryland Development, which was located adjacent to the Portofino Apartment complex. o In response to Commissioner Olhasso, noted that the project will have high-speed connectivity (i.e., fiber, Digital Subscriber Line.) With respect to traffic issues, Mr. Bob Davis, traffic engineer representing the applicant, noted the following: o Provided additional information regarding the location of the proposed signal (Director of Public Works Hughes noting that the distance from Cosmic Drive to this location was approximately 740 feet). o Confirmed, for Chairman Chiniaeff, that the uses allowed per the existing General Plan would have generated more trips than will be generated by this particular project, noting that with Professional Office uses there would have been a greater impact during peak periods. o Relayed that a conservative discount of trips was factored into the data for the anticipated internal trips between the Residential and the Commercial areas; and for Commissioner Telesio, provided additional information regarding the relationship between particular types of permitted uses and the associated impact with respect to an anticipated reduction in trips. The Commission deliberates For informational purposes, Commissioner Olhasso noted that with respect to letters from the public for Planning Commission consideration, that if the information is received on the day of the hearing (as were the two letters referenced at this particular meeting) there was inadequate time for the Planning Commission to thoroughly review the comments, recommending that information be submitted at an earlier date. Noting that Starlight Ridge was one of her favorite communities, Commissioner Olhasso thanked the residents who attended this hearing in order to express their comments to the Planning Commission; with respect to the remarks noted regarding a preference for the RID P\2000100-0140 Village of TemeculalCC Agenda Report.doc 24 development of condominiums vs. apartments, relayed that from a crime prevention standpoint, apartments were more easily policed due to the single ownership; and with respect to this particular project expressed the following recommendations: That this project be conditioned to participate in the Crime Free Multi-Housing Program; That the trees proposed to be installed adjacent to the residential area be increased in size; That this project be conditioned to have staff investigate park amenities, specifically considering inclusion of a tot lot; and That the architectural design on the apartment complex be brought back to the Planning Commission for review prior to construction. After echoing Commissioner Olhasso's comments, in particular that the zoning for this area had been identified and the residents could have obtained information regarding the future development of this property located adjacent to the residential area, Commissioner Telesio expressed the following recommendations regarding the proposed project: Concurred that the design of the apartments should come back to the Planning Commission for review, noting hopes of the architectural style being consistent with the proposed design of the Commercial area; and With respect to the proposed gas station use, relayed that he could support the inclusion of this use at the proposed location subject to the landscaping plan being adequate, and the signage subdued, recommending that this use also be brought back to the Planning Commission for approval of the specific plans; Addressing the proposed plan, Commissioner Mathewson relayed the following recommendations: With respect to the proposed gas service station, relayed his opposition to inclusion of this use, noting that the negative impacts could not be adequately mitigated; With respect to the architectural design of the Commercial area, advised that he was impressed with the proposal; Regarding the permitted uses in the Commercial area, noted concern regarding adequate parking provisions if the uses were high attractors (i.e., the Trader Joe's use located on Winchester Road); Recommended that there be an additional pedestrian linkage incorporated on the eastern side of the project accessing the Commercial area (to be located down the slope face from the apartment pad level to the Commercial pad level); and With respect to the amenities issue, as it relates to the Growth Management Plan (GMP), recommended that there be investigation pursued regarding implementing a trails system to and from this site, if feasible, noting that if this system was not feasible that there be consideration for imposing an additional fee, an amenity fee, to be deposited into a fund to be used for recreation facilities in the community; and opined that on-site amenities did not fulfill the GMP requirements due to not benefiting the community, as a whole. With respect to this particular proposal, Commissioner Guerriero noted the following recommendations: Advised that he was strongly opposed to the inclusion of the gas station due to traffic and environmental impacts; With respect to the proposed signal, noted his opposition to locating a signal in this area in light of the existing five signals, recommending that an alternate plan be investigated; With respect to setbacks, recommended that there be efforts to increase the 25-foot setback; With respect to community amenities, relayed that it appeared that this project was not proposing any amenities which would benefit the community, as a whole; RID P\2000100-0140 Village ofTemeculalCC Agenda Report.doc 25 Recommended that a certain portion of the apartments be allocated for low- income/affordable housing; Queried why patio homes could not be incorporated into the proposal, noting the plethora of apartments in the area; and With respect to the negative view shed impacts, concurred with the resident's comments, recommending that there be the elimination of one story of the building in the area where the residential views would be negatively impacted. Chairman Chiniaeff made the following recommendations regarding this particular project: With respect to the apartment complex elevations, concurred with the need for improvement, noting that to create consistency with the architectural style proposed for the Commercial area would be appropriate; and With respect to the landscaped setbacks, recommended that proximate to Sub-area A (along the eastern portion of the project), that this setback be increased in order to screen the project from the houses located in this area. Commentino on the permitted uses in Areas A. B. and C. the Plan nino Commission made the followino recommendations for the Citv Council's consideration: That Animal hospitals be deleted; That Appliance sales and repairs not be permitted in Areas A or B; That aerobics/dancelgymnasticsljazzerciselmartial arts studios solely be permitted in Area B via a CUP; That Automotive parts sales be removed as a permitted use in Areas A and B; That Bowling alley be deleted; That Community care facilities and Congregate care be deleted; That Furniture sales be deleted; That Garden supplies and equipment sales and service be deleted; That Grocery story, retail and specialty be permitted solely by CUP in Area B and that the size of the use be limited to less than 10,000 square feet. That Health and exercise clubs be solely permitted in Area B via a CUP; That Laboratories, film, medical (deleting research or testing) be added as a permitted use in Area B; That Nursing Homes be deleted; That Private utility be deleted; That Parcel delivery services be deleted; That Senior citizen housing be deleted; That with respect to Swimming pool supplies/equipment sales that there be a restriction prohibiting outside storage; That Temporary Real Estate tract offices be deleted; and That Wedding Chapels be deleted. With respect to the gas station use, Chairman Chiniaeff noted his support of the inclusion of this use, subject to the use being well-screened, and with exemplary architectural design, advising that he would visit the gas station located in the Dana Point area, which had been referenced by the applicant as an example of what would be proposed at this site; and with respect to the overall project plan, concurred with Commissioner Mathewson's concept regarding imposing an amenity fee as a recommendation for the City Council's consideration. For Commissioner Telesio, Mr. Markham and Mr. Kading specified the off-site installments proposed with the T emecula Ridge Project in order to offset the GMP's requirements for amenities. R:\D P\2000\OQ,Q140 Village of Temecula\CC Agenda Report.doc 26 In response to Chairman Chiniaeff, Director of Public Works Hughes relayed that the signal would be installed in conjunction with the project's development, advising that staff would not want the signal installed until it was warranted, noting that the timing of the installation would be affected by the project's phasing; and confirmed that if the Commercial area was proposed in Phase I of development, that the signal would be installed at that time. In light of Commissioner Mathewson's comments, Commissioner Olhasso queried whether this project was conditioned for park mitigation fees to pay for active fields in the City. In response, Senior Planner Hogan advised that there was imposition of a Development Impact Fee component for park and recreational amenities, as well as the project being subjected to the Quimby Act requirements. For clarification, Commissioner Mathewson noted that his recommendation was for a fee over and above the typical requirements in order to address the GMP amenities issue. With respect to monument signage, Commissioner Mathewson recommended that corporate logos be avoided (which has resulted in a mish-mash of signage at alternate sites, with no consistency with respect to design); recommended that the design of the monument sign age be exemplary. In response, Mr. Markham relayed that the applicant could bring the sign program before the Planning Commission, when developed, while noting that wood signage (which was recommended by Commissioner Mathewson) degrades rapidly. Commissioner Mathewson advised that he would provide staff with photographs of pleasing signage in order for the applicant to pursue similar design concepts. In response to Chairman Chiniaeff, Assistant City Attorney Curley noted that the Planning Commission might desire to take action on the General Plan Amendment recommendation separately, relaying the vote ratio necessary for approval of this particular component. The Planning Commission opted to take action separately on the various components of this proposed project, approving the associated documents, including Resolution No. PC 2002-003 (as amended), as follows: MOTION: Chairman Chiniaeff moved to approve inclusion of the gas station use in the project subject to the following revisions: Add- That the design plan be brought back to the Planning Commission for review; That the hours of operation would be limited; That alcohol sales be prohibited, That the signage plan be brought back to the Planning Commission for review; and That the reference in the associated approving documents be revised to delete denial of the gas station use (as had been recommended by staff). The motion was seconded by Commissioner Telesio. (Ultimately this motion passed; see page 15.) Commissioner Mathewson relayed that he still had concerns regarding the lighting impacts, and the potential for signage to be placed on the canopy of the gas station use. Chairman Chiniaeff RID P12000l00,0140 Village of TemeculalCC Agenda Report.doc 27 noted that during the design review the Planning Commission could deny approval of the plan if it was not satisfactory. At this time voice vote was taken, reflecting approval of the motion with the exception of Commissioners Guerriero and Mathewson who voted no. MOTION: Commissioner Guerriero moved to approve the General Plan Amendment (PAOO- 0138). The motion was seconded by Commissioner Olhasso and voice vote reflected unanimous approval. MOTION: Commissioner Mathewson moved approve the Zoning Map Amendment (PAOO- 0139); and to adopt the PDO document subject to the previously noted recommendations and removal of any references to plastic channel lettering on signage, ergo restricting this particular use on signage. The motion was seconded by Commissioner Guerriero and voice vote reflected unanimous approval. For Director of Planning Ubnoske, Chairman Chiniaeff clarified that it was not the Planning Commission's desire to have the applicant bring back the redesign of the architectural plan for the apartments prior to City Council approval, advising that it would be the Planning Commission's recommendation that the project be approved in conceptual form by the City Council, and be subject to Planning Commission approval of the design plan prior to construction. For Commissioner Olhasso. Commissioner Guerriero relayed that it was his desire that the signal be eliminated and that either left-turn movements in and out be restricted, or that an alternative be discussed with the Kading Project representatives, relaying that both projects could be accessed onto Moraga Road; and advised that in his opinion a community amenity would be attained if the signal was eliminated and the Kading's project's access was shared. Director of Public Works Hughes advised that if the Planning Commission was considering approval of the project without the signal, that staff had not analyzed the impacts associated with this recommendation (i.e., the U-turn motions created), relaying that from a stacking impact standpoint, there would need to be off-site improvements to mitigate the added U-turn movements; advised that while staff would support the elimination of any signals, if feasible, that this project had not been analyzed without the installation; noted alternatives that while could be considered, would cause impacts that would need to be mitigated; for Commissioner Telesio, relayed that the signal may, or may not, be warranted at the first of occupancy; for Commissioner Guerriero, provided additional information regarding the need to analyze the project if the signal was not included; and with regard to the existing signals on Rancho California Road, confirmed that the phasing was not synchronized due to the varying capacities on this particular street, advising that at as future point, the signals would be synchronized. MOTION: Chairman Chiniaeff moved to approve the construction of the Multi-family Residential units and Retail/Office buildings (PAOO-0140) subject to the following revisions: Add- That the conditions added regarding the gas station use (as noted in the first motion) be imposed. That the architectural design of the apartments be brought back to the Planning Commission for review with a style consistent with the Commercial area. RID P\2000100,0140 Village ofTemeculalCC Agenda Report.doc 28 That the building (i.e., Building No.3), which was proximate to the Starlight Ridge Development, and the building proximate to Lot Nos. 36 and 37 (which needs to be decreased in height on the back side) be re-designed to reduce the negative view shed impacts. That the inclusion of a tot lot be investigated by staff, and included in the project plan, if determined appropriate by staff. Recommendation that the City Council consider imposing a separate amenity fee to satisfy the GMP requirements for amenities (Assistant City Attorney Curley relaying that staff would investigate the feasibility of this recommendation) since the Planning Commission cannot determine the City Council's definition of a qualifying community amenity. That the project be subject to participate in the Crime Free Multi-Housing Program. That the trees on the eastern portion of the project be increased in size. That there be a walkway installed for pedestrian access on the easterly portion of the project. (Mr. Markham noting that a driveway could be added on the eastern portion in order for pedestrians to avoid the existing necessity to cross, and could instead be directed to the sidewalk.) The motion was seconded by Commissioner Telesio and voice vote reflected approval with the exception of Commissioner Guerriero and Mathewson who voted no. MOTION: Commissioner Guerriero moved to approve the Tentative Parcel Map (PAOO-0152). The motion was seconded by Commissioner Telesio and voice vote reflected unanimous approval. MOTION: Commissioner Olhasso moved to close the public hearing: and to adopt the Mitigated Negative Declaration and Mitigation Monitoring Program. The motion was seconded by Commissioner Guerriero and voice vote reflected unanimous approval. R:\D P\2000\OO-0140 Village of Temecula\CC Agenda Report.doc 29 ATTACHMENT NO.7 PLANNING COMMISSION STAFF REPORT AND EXHIBITS RID P\2000l00-0140 Village of TemeculalCC Agenda Report.doc 30 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION February 20, 2002 Planning Application No(s). PAOO-0138, 0139, 0140 & 0152 Prepared By: Don Hazen, Senior Planner 1. RECOMMEND TO CITY COUNCIL. ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring Program based on the Initial Study, which was prepared pursuant to CEOA Guidelines Section 15072. 2. ADOPT a Resolution entitled: PC RESOLUTION NO. 2002-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING CITY COUNCIL APPROVAL OF PLANNING APPLICATION NO. 00-0138, A GENERAL PLAN AMENDMENT TO REALIGN THE PROFESSIONAL OFFICE (PO) AND MEDIUM DENSITY RESIDENTIAL (M) LAND-USE DESIGNATION BOUNDARIES OF A 23 ACRE SITE; PLANNING APPLICATION NO. 00-0139, A CHANGE OF ZONE FROM PROFESSIONAL OFFICE (PO) AND MEDIUM DENSITY RESIDENTIAL (M) TO PLANNED DEVELOPMENT OVERLAY (PDO), AND THE STANDARDS AND REGULATIONS CONTAINED IN THE ACCOMPANYING PDO DOCUMENT, PLANNING APPLICATION NO. 00-0140, A DEVELOPMENT PLAN FOR THE DESIGN, CONSTRUCTION AND OPERATION OF A 160 UNIT APARTMENT COMPLEX AND EIGHT RETAIL I OFFICE BUILDINGS TOTALING 68,700 SQUARE FEET, AND PLANNING APPLICATION NO. 00-0152, A TENTATIVE PARCEL MAP RE- SUBDIVIDING THE SITE FROM 3 LOTS INTO 8 LOTS, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD, WEST OF COSMIC ROAD AND EAST OF THE MORAGA ROAD INTERSECTION OF RANCHO CALIFORNIA ROAD KNOWN AS ASSESSORS PARCEL NO(S). 944-290-012, 013,014. APPLICATION INFORMATION APPLICANT: The MJW Property Group, Barton L. Buchalter PROPOSAL: PAOO-0138: General Plan Amendment to realign the Professional Office (PO) and Medium Density Residential (M) land-use designation boundaries, and increasing the gross acreage of the Residential area by 5.03 acres, with a corresponding decrease in the Professional Office area. PAOO-0139: A Zoning Map Amendment from Professional Office (PO) Medium Density Residential (M) to Planned RID P\2000100,0140 Village of TemeculalSlaff Report and COAs.doc t Development Overlay (PDO) and adoption of the standards and regulations contained in the PDO document. PAOO-0140: Construct 160 multi-family residential units on approximately 15.26 acres and nine (9) retail/office buildings totaling approximately 71,100 square feet on 7.71 acres. P AOO-0152: A Tentative Parcel Map to subdivide the site into eight parcels. LOCATION: South side of Rancho California Road, west of Cosmic Road and east of the Rancho California Road I Moraga Road Intersection EXISTING ZONING: Medium Density and Professional Office SURROUNDING ZONING: North: High Density South: Low Medium East: Low Medium West: Medium Density GENERAL PLAN DESIGNATION: Medium Density and Professional Office EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: Portofino Apartments (16.5 du/ac) South: Starlight Ridge Residential Tract (4.82 du/ac) East: Starlight Ridge Residential Tract (included) West: Vacant; approved apartments (11.8 du/ac) BACKGROUND March 03, 2000 March 30, 2000 May 1, 2000 May 5, 2000 May 25, 2000 June a, 2000 September 21, 2000 February a, 2001 June 5, 2001 July 5, 2001 January 14, 2002 Project submitted Project deemed incomplete First Development Review Committee (DRC) Project deemed incomplete Second DRC Deemed incomplete Third DRC First Community Meeting Received resubmittal from third DRC comments. Project deemed complete Second Community Meeting PROJECT DESCRIPTION Environmental Determination The following technical reports were submitted with the application as reference documents for the environmental review: . 1999 Quino Checkerspot Butterfly Survey, 45-Day Letter Report, Rancho California Road Project (Merkel & Associates, Inc., June 10, 1999) R:\D P\2000\QO.0140 Village of Temecula\Staff Report and CQAs.doc 2 . Kading/Rancho California Road City of Temecula Biological Constraints Report (Merkel & Associates, Inc., June 4, 1999) . Revised Traffic Impact Analysis Temecula VillagelTemecula Ridge Development Temecula, California (Wilbur Smith Associates, August 2a, 2000) . Drainage/Hydrology Study for Tentative Parcel Map No. 29140 Village Commercial and Apartments . Phase I Cultural Resources Assessment -Temecula Ridge (PA99-0371)(Jean A. Keller) . Preliminary Noise Analysis for Temecula Ridge (Mestre Greve Associates, February 2000) . Geotechnical Investigation, Proposed Residential/Commercial Development City of Temecula (CHJ, Inc., June 8, 1999) Staff has prepared an Initial Study and determined that the project could potentially result in significant environmental impacts, unless mitigation measures are included as conditions of approval. Based on those findings, staff has determined that a Mitigated Negative Declaration and Mitigation Monitoring Plan as summarized below, will satisfactorily comply with the regulations of the California Environmental Quality Act (CEQA). Villages of Temecula EnvironmentallmpactlMitigation Summary Impact Mitigation Measures Time Frame Responsible Party Biological Resources Potential removal of The project developer shall Prior to the Department of Public California acquire compensatory Issuance of a Works and the gnatcatcher, mitigation acreage off the grading permit Planning Department Quino checkers pot project site as discussed with butterfly, and the U.S. Fish and Wildlife Stephen's kangaroo Service. rat habitat Hazards and Hazardous materials Create a significant Provide the City with a Prior to the Riverside County Fire hazard to the public or Business Plan that outlines issuance of a County Fire the environment the management of building Department, Building through routine hazardous materials. permit. and Safety transportation, use, or Department, Public disposal of petroleum Works Department materials such as and Planning . aasoline and oil. Department Cultural Resources Potentially cause a During initial grading and Prior to the Department of Public substantial adverse ground disturbance activities, issuance of a Works and Planning change in the a qualified cultural resources building permit Department significance of an monitor (and Pechanga rep.) archaeological shall be present and shall resource pursuant to have the authority to stop and Section 1506.5 redirect ground disturbance activities to evaluate the significance of any cultural resources exposed. R:ID P\2000100-0140 Village ofTemeculalStaff Report and COAs.doc ] Could directly or During excavation and Prior to the Department of Public indirectly destroy a hillside cutting activities, a issuance of a Works and Planning unique paleotolgical qualified paleontological grading permit Department resource or site or monitor shall be present and unique geological shall have the authority to featu re stop and redirect grading activities to evaluate the significance of any paleontolgical resources exposed during the grading activity. Disturb any human If any human remains are During any Department of Public remains, including encountered during initial ground Works And Planning those interred outside grading activities, all ground disturbance Department of formal cemeteries disturbing activities in the and prior to vicinity of the discovery shall the issuance be terminated immediately of a building and the County's Coroner's permit. office shall be contacted to manaQe such remains. General Plan Amendment The applicant requests a General Plan amendment to realign the Professional Office (PO) and Medium Density Residential (M) land use plan boundaries from a vertical alignment to horizontal. This will result in office/retail uses on the northerly portion of the site along Rancho California Road, and the residential use on the southerly "uphill" portion of the lot furthest from the street. The amendment will also have a net effect of increasing the residential acreage by 5.03 acres. Because General Plan Amendments and Zone Changes require City Council approval, the Planning Commission will be reviewing the entire project proposal and making a recommendation to the City Council for final action. Zone Change The applicant proposes to change the zoning designation of the site from PO and M to Planned Development Overlay (PDO). Chapter 17.22 of the Development Code specifies the procedures and land use flexibility that is possible with a PDO designation. In this case, the applicant desires a PDO zone in order to broaden the range of retail uses than would otherwise be permitted with the current PO zoning designation; and to create parcels that do not have frontage on public streets and/or cannot "stand alone" with respect to parking/access and approval. The applicant has also submitted an accompanying PDO document that contains development standards, a use matrix, and architectural design standards that supercede the Development Code. Development Plan The applicant requests Development Plan approval for nine (10) office/retail buildings and 160 apartment units on the site. If approved, this would require no further design review of the individual buildings prior to submittal of a building permit application, except for Pads C (service station), D (restaurant), and E (daycare), which will require subsequent architectural review as Development Plan applications, because the applicant wishes to defer designing the buildings until actual tenants are known. Following is a proposed land use summary for the site: R\D P\2000\OO-0140 Village of Temecula\Staff Report and COAs.doc 4 BUILDINGS PLANNING AREA PROPOSED USE SQUARE FOOTAGE PAD "A" Sub Area B Retail 6,000 SF PAD"B" Sub Area B Retail 11,100 SF PAD"C" Sub Area B Service Station 2,400 SF PAD"D" Sub Area B Restaurant 6,000 SF PAD"E" Sub Area B Davcare 9,600 SF PAD"F" Sub Area B Two-storv Office 20,000 SF PAD"G" Sub Area A Office 4,500 SF PAD"H" Sub Area A Office 6,000 SF PAD "I" Sub Area A Office 5,500 SF (10) two-story Sub-Area C 160 Apartment Units, 700-1151 sq.ft. residential buildings 80-1 bdr./aO-2bdr. containing 16-units ea. Office/Retail Plan The office/retail portion of the site will be located along the Rancho California Road frontage and extend southward, approximately 260-400 feet. The site will be graded so that the office/retail portion of the site is generally level with Rancho California Road (+/- 2 feet). The plan shows the offices to be located along the southeast and easterly portions of the site (adjacent to Starlight Ridge subdivision). The retail buildings will be located along the street frontage and the westerly portion of the site. All buildings along the perimeter will have a minimum 25-foot landscaped setback from the property lines. Residential Plan The residential development of the site will consist of 160 "stacked" apartment units located in ten (10) two-story buildings. The site will be graded so that the building pads are approximately 45 feet above the office/retail grade, and 20 feet below the pad elevations of the adjacent homes on the uphill slope to the east and rear. The rooftop-to-rooftop grade difference between the apartment buildings and the adjacent homes will be approximately the same if the adjacent homes are single-story; and the apartment roofs will be approximately 5-8 feet lower if the adjacent homes are two-story. The nearest apartment buildings to the adjacent residences will be set back a minimum 45-feet from the east property line; 65-feet from the rear property line; and 52-feet from the private access street along the west property line. Detached carports and uncovered parking will be sited in proximity to the units they are intended to serve. The B-4 unit type will have lower level garages with units above. A pool and clubhouse will be located in the interior courtyard as project amenities. Architecture The application includes a Development Plan for all proposed buildings, except for Pads C, D, and E. The architectural style of the buildings can be described as "Eclectic Mediterranean", which is characterized by clay tile roofs, arches, heavy use of stucco, and flat cornice parapets. The commercial buildings will also incorporate canvas awnings and wood trellises as accent treatment. Each retail/office building will have custom tower elements as distinguishing features. The residential buildings will have a complementary architectural style, but have a distinctive "look" that is different from the commercial development. The colors and materials proposed for the development will consist of earth tones similar to colors used throughout Temecula and typical for the architectural styles. R:IO P\2000100-0140 Village ofTemeculalStaff Report and COAs.doc 5 Landscaping All exposed graded surfaces and setbacks will be landscaped with a combination of trees and shrubs. Trees planted along Rancho California Road will include a condition for 24-inch box London Plane (Condition #7). The setback areas along the easterly and westerly portions of the site will include rows of 15-gallon Pepper Trees. The graded slope between the commercial site and the residential site will be planted with Peppers, Mondell Pine, Chinese Flame trees, and assorted shrubbery. The slope will be approximately aO-feet in depth and 40 feet high. The rear of the site will have similar landscaping and include an a-foot high tubular steel "view fence" along the perimeter. A large portion of the rear of the site at the southwesterly corner will remain in its natural state with native vegetation. Access and Circulation Three (3) access points to the project will be provided. The primary access (which will be 740 lineal feet west of the center line of Cosmic Drive, and opposite the intersection across the street) will be signalized. The remaining two access points will be "right-in", "right-out" unsignalized driveways located to the east and west of the primary entrance. An internal drive will extend uphill to the residential project and terminate as a circular loop. For the most part, internal circulation through the residential project will consist of loop drives, with parking accessed directly off of those drives. Tentative Parcel Map The Tentative Parcel Map application proposes to create the following eight (a) parcels out of three (3) existing parcels: Parcel 1 Parcel 2 Parcel 3 Parcel 4 Parcel 5 Parcel 6 Parcel 7 Parcel a 0.93 acres 1.a3 acres 0.99 acres 1.35 acres 0.7a acres O.a6 acres 0.97 acres 15.25 acres (Office) (Office) (Day Care) (Restaurant) (Gas Station) (Retail) (Retail) (Apartments) ANALYSIS 1. Environmental Determination Staff has conducted an environmental assessment of the project in accordance with CEQA, and determined that no significant environmental impacts will occur if properly mitigated. Therefore, staff recommends that a Mitigated Negative Declaration and Mitigation Monitoring Plan be adopted for the project. The mitigation measures have been included in the Exhibit A, Conditions of Approval. 2. General Plan Amendment The request to re-align the Professional Office and Medium Density Residential land use boundary is logical from a land use compatibility standpoint. The current General Plan land use map shows the Professional Office designation extending from Rancho California Road to the rear of the site for the westerly half of the site; and the Medium Density Residential designation extending the full depth of the lot on the easterly half of the site. By realigning the land use boundaries in a "horizontal" fashion, the commercial uses are located R\D P\2000\OQ-0140 Village of Temecula\Staff Report and COAs.doc 6 along Rancho California Road and the residential use is located on the rear half of the site, which serves as a buffer use between the commercial uses and the adjacent Low-Medium residential density to the rear and easterly portion of the site. Additionally, developing the site according to its current land use map configuration would likely create the need to level the entire site to avoid split-level development projects extending the full depth of the lot and causing handicap accessibilify problems. At the first community meeting, there was some public concern expressed about the type of residential use and density being proposed. The General Plan states that the Medium Densify designation is intended for "attached and detached residential development. Typical housing types may include single family zero lot line, patio homes, duplexes, townhouses, and multi- family garden apartments" (Land Use Element, pg. 2-24). Staff supports the proposed use, because it provides an opportunify to diversify the housing stock and help meet the City's long- term housing needs. The density range specified by the General Plan for the Medium Density designation is 7-12 du/ac. The application proposes 160 units, which equates to 10.48 du/ac. While the City Council Growth Management policies encourage housing projects to develop at the lower end of the densify range, the traffic analysis indicates that the total peak hour traffic for the site will actually be reduced with the proposed zone change. The Traffic Engineer determined that the plan to increase the retail intensify of the site is actually more beneficial than office uses, from a peak- hour traffic standpoint. Therefore, staff can support the proposed density because the concern about traffic has been satisfactorily addressed. 3. Zone Change The request for a PDO zoning designation will permit flexibility in the development of the site. The primary benefit for the applicant is it will allow a broader range of retail uses than would otherwise be permitted with the current PO designation. Staff is concerned that an excessive amount or intensify of retail use would be inconsistent with the intent of the Professional Office General Plan designation, and that issues of neighborhood compatibilify would arise. Staff supports the proposed mix of retail and office uses being proposed in the PDO document, however the inclusion of a service station increases the vehicle-orientated retail intensity of the site, which staff believes is not compatible with the residential character of the surrounding area. Staff has discussed this issue with the applicant, and the applicant has advised staff that he wishes to proceed to public hearing with the plan as proposed. The intent of the City's Growth Management policy is to discourage zone changes that will result in higher traffic levels. The City Traffic Engineer has analyzed the projected traffic impacts resulting from the proposed mix of uses permitted by the PDO, and has determined that the project would generate approximately 1,455 fewer daily trips and 78 fewer PM peak hour trips then is projected for uses with the current zoning designation. 4. Development Plan a. Site Plan The project conforms to the requirements of the Cify of Temecula's Development Code, Design Guidelines, and intent of the General Plan. The project proposes a village design concept, which will provide a pedestrian-scale commercial project (with the elimination of the service station), and will provide pedestrian access from the apartment complex to the commercial center. The orientation of the buildings will also allow for various pedestrian amenities between buildings, as well as serve to minimizing the potential for monotonous views of buildings from adjacent vantage points. RIO P\2000100,0140 Village of TemeculalStaff Report and COAs.doc 7 The residential project complies with the development standards for multiple-family projects. The building orientation, building separation, open space, and recreational amenities planned for the project will enhance the livability of the project. The grading plan, landscaping, and building placement will also help create view corridors to reduce the visual impact of the site. It should be acknowledged that there would be view impacts regardless of whether the application is approved. The applicant proposes lowering the grade of the southerly rear of the site in order to reduce the height of the residential units-but not to the extent that neighbors are looking down on an entire site of roofs. b. Architecture The proposed architectural styles for each building conform to the City's Design Guidelines and will be compatible with the architectural character of the surrounding area. The project proposes the use of various architectural elements designed to break up the building mass. Techniques such as varying the roof planes, introducing unique elements to each building, and varying the color and materials will help to create "visual interest" in the site. Staff concurs with the basic design guidelines outlined in the PDO document and recommends approval of the building designs. c. Landscaping The project effectively utilizes landscaping to buffer the adjacent land uses and visually "soften" the appearance of the structures and parking lot. The plan will continue the landscape design theme along the Rancho California Road frontage, particularly by using the London Plane Tree. The overall percentage of site landscaping is 3a% of the total site area-or more specifically, 30% coverage for the commercial area (which exceeds the minimum required 25% for the PO district); and 38% for the residential site (17% exclusive of the slope area). There is no minimum requirement for landscape coverage in the M zoning district, but there is a minimum open space standard. Landscaping will also be an integral part of the open space area for the residential project. The Medium Density Residential zone requires 25% of the site area to be open space. The plan provides approximately 25% open space, excluding the major slope portions of the site. d. Access and Circulation Staff has reviewed the access and circulation of the proposed project and finds that the proposed project will meet the requirements set forth in the City of Temecula's Development Code. The proposed access points off of Rancho California Road have minimized the effect of traffic conditions by providing "right-in" and "right out" driveways at two locations, and a signalized intersection at the primary entry. The City of Temecula's Traffic Engineer has reviewed the access and circulation plan for the project and supports the proposed design as conditioned. 5. Tentative Parcel Map The tentative parcel map proposes to subdivide three lots into eight lots. The residential area will be on one lot, and the commercial development will be on seven other lots. The tentative map conforms with the intent of the City's Subdivision Ordinance. A condition to establish reciprocal access and parking easements across all lots will ensure that the site functions as one integrated project. Because the commercial site will be developed over multiple parcels, staff R\D P\2000\OO-0140 Vi11age of Temecula\Staff Report and CQAs.doc 8 has added a condition (Condition #16) requiring the formation of a Property Owner's Association to provide for maintenance of the landscaping and hardscape surfaces throughout the commercial site. CONCLUSION / RECOMMENDATION Staff has concerns about the neighborhood compatibility of the proposed office/retail portion of the plan if a service station is approved. Since state law prohibits placing conditions on zone changes, staff recommends that the applicant be required to delete all references to service stations before the application is approved. With that change, staff can make the necessary findings for project approval. All other aspects of the proposal are consistent with the General Plan land use policies and staff recommends approval with the attached conditions and environmental mitigation measures. The Planning Commission will need to forward its recommendation to the City Council for final action. FINDINGS: General Plan Amendments and Zone Changes are "legislative acts" and do not require specific findings to be made, other than the changes will be consistent with other portions of the General Plan. Development Plan (Section 17.05.010F) 1. The proposed uses are in conformance with the General Plan and with all applicable requirements of state law and local ordinances. The plan to develop an office/retail center and 160 apartment units is consistent with the General Plan land use designation of Office Professional and Medium Density Residential for the site, provided the service station is deleted from the plan. A service station at this location would introduce a vehicle-oriented use that is not compatible with the residential character of the surrounding area. 2. The overall development of the land as conditioned, is designed for the protection of the public health, safety, and general welfare. The development plan for the site is consistent with the City's Design Guidelines and conforms to all of the applicable sections of the Development Code and related Planned Development Overlay document. Provisions have been made to minimize the visual impact of the project, and all phases of construction will be inspected to ensure compliance with the applicable building and fire codes. Tentative Parcel Map (Section 16.09.140) 1. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code and General Plan. Each lot will conform to the minimum lot size requirement of the original zoning district, and as permitted by the Planned Development Overlay zone, may have parcels with access across other parcels created on the same site. Conditions of approval will ensure that the common-use facilities such as parking, sidewalks, and landscaping are maintained by a Property Owner's Association. 2. 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 3. The site is physically suitable for the type and proposed density of development proposed by the tentative map. Based on environmental documents submitted with the application and an Initial Study which was prepared by staff in accordance with the California Environmental Quality Act, it has been determined that the site is physically suitable for the type and density of development being proposed. Conditions of approval have been added to ensure that RID P\2000l00,0140 Village ofTemecula\Staff Report and COAs.doc 9 final soils reports are submitted with the construction plans. 4. The design of the subdivision 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. Based on the Initial Study, a Mitigated Negative Declaration and Mitigation Monitoring Plan has been prepared which will provide conditions and requirements to reduce the impacts of the project to a less than significant level. City staff will ensure compliance of the mitigation measures as provided in the Monitoring Plan. 5. The design of the proposed land division or the type of improvements is not likely to cause serious public health problems. All phases of construction will be inspected by appropriate City staff to ensure compliance with all construction and fire codes. 6. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The project has been conditioned to comply with the Uniform Building Code, which contains requirements for energy conservation. 7. 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. As conditioned, the project will be required to provide access easements across each lot to provide for parking and on-site circulation. 8. The subdivision is consistent with the City's parkland dedication requirements (Quimby). Attachments: 1. PC Resolution No. 02-_ - Blue Page 11 Exhibit A - Conditions of Approval - Blue Page 16 2. Exhibits - Blue Page 34 A Vicinity map B General Plan map C Zoning map D Initial Study / Mitigation Monitoring Plan E Site plan F-H Grading plans I Tentative Parcel Map J Landscape plans K-O Commercial floor plans / elevations P Clubhouse floor plan Q Clubhouse elevations R-ee Apartment floor plans/elevations ff PDO document R\D P\2000\OQ-0140 Village of Temecula\Staff Report and COAs,doc 10 ATTACHMENT NO.1 PC RESOLUTION NO. 02-_ R:ID P\2000l00,0140 Village of TemeculalStaff Report and COAs.doc II PC RESOLUTION NO. 2002-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING CITY COUNCIL APPROVAL OF PLANNING APPLICATION NO. 00-0138, A GENERAL PLAN AMENDMENT TO REALIGN THE PROFESSIONAL OFFICE (PO) AND MEDIUM DENSITY RESIDENTIAL (M) LAND-USE DESIGNATION BOUNDARIES OF A 23 ACRE SITE; PLANNING APPLICATION NO. 00-0139, A CHANGE OF ZONE FROM PROFESSIONAL OFFICE (PO) AND MEDIUM DENSITY RESIDENTIAL (M) TO PLANNED DEVELOPMENT OVERLAY (PDO), AND THE STANDARDS AND REGULATIONS CONTAINED IN THE ACCOMPANYING PDO DOCUMENT, PLANNING APPLICATION NO. 00-0140, A DEVELOPMENT PLAN FOR THE DESIGN, CONSTRUCTION AND OPERATION OF A 160 UNIT APARTMENT COMPLEX AND EIGHT RETAIL I OFFICE BUILDINGS TOTALING 68,700 SQUARE FEET, AND PLANNING APPLICATION NO. 00-0152, A TENTATIVE PARCEL MAP SUBDIVIDING 3 LOTS AND CREATING 8 LOTS, GENERALLY LOCATED SOUTH OF RANCHO CALIFORNIA ROAD, WEST OF COSMIC ROAD AND EAST OF THE MORAGA ROAD INTERSECTION OF RANCHO CALIFORNIA ROAD KNOWN AS ASSESSORS PARCEL NO(S). 944-290-012, 013,014. WHEREAS, MJW Property Group, filed Planning Application No(s). PAOO-013a General Plan Amendment, PAOO-0139 Change of Zone (Planned Development Overlay), PAOO-0152 Tentative Parcel Map and PAOO-0140 Development Plan "Application"), in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on February 20, 2002, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended City Council approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs. The Planning Commission, in recommending approving of the Application hereby makes the following findings as required by Section 17.05.010F and Section 16.09.140 of the Temecula Municipal Code: RID P\2000100-Q140 Village ofTemeculalSlaff Report and COAs.doc 12 Development Plan (Section 17.05.010) 1. The proposed uses are in conformance with the General Plan and with all applicable requirements of state law and local ordinances. The plan to develop an office/retail center and 160 apartment units is consistent with the General Plan land use designation of Office Professional and Medium Density Residential for the site, provided the service station is deleted from the plan. A service station at this location would introduce a vehicle-oriented use that is not compatible with the residential character of the surrounding area. 2. The overall development of the land as conditioned, is designed for the protection of the public health, safety, and general welfare. The development plan for the site is consistent with the City's Design Guidelines and conforms to all of the applicable sections of the Development Code and related Planned Development Overlay document. Provisions have been made to minimize the visual impact of the project, and all phases of construction will be inspected to ensure compliance with the applicable building and fire codes. Tentative Parcel Map (Section 16.09.140) 3. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code and General Plan. Each lot will conform to the minimum lot size requirement ofthe original zoning district, and as permitted by the Planned Development Overlay zone, may have parcels with access across other parcels created on the same site. Conditions of approval will ensure that the common-use facilities such as parking, sidewalks, and landscaping are maintained by a Property Owner's Association. 4. 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 5. The site is physically suitable for the type and proposed density of development proposed by the tentative map. Based on environmental documents submitted with the application and an Initial Study which was prepared by staff in accordance with the California Environmental Quality Act, it has been determined that the site is physically suitable for the type and density of development being proposed. Conditions of approval have been added to ensure that final soils reports are submitted with the construction plans. 6. The design of the subdivision 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. Based on the Initial Study, a Mitigated Negative Declaration and Mitigation Monitoring Plan has been prepared which will provide conditions and requirements to reduce the impacts of the project to a less than significant level. City staff will ensure compliance of the mitigation measures as provided in the Monitoring Plan. 7. The design of the proposed land division or the type of improvements is not likely to cause serious public health problems. All phases of construction will be inspected by appropriate City staff to ensure compliance with all construction and fire codes. a. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The project has been conditioned to comply with the Uniform Building Code, which contains requirements for energy conservation. 9. 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 R:\D P\2000100,0140 Village ofTemeculalStaff Report and COAs.doc Il those previously acquired by the public will be provided. As conditioned, the project will be required to provide access easements across each lot to provide for parking and on-site circulation. 10. The subdivision is consistent with the City's parkland dedication requirements (Quimby). Section 3. Environmental Compliance. Recommend Adoption of a Mitigated Negative Declaration and Mitigation Monitoring Plan based on the Initial Study, which was prepared pursuant to CEQA Guidelines Section 15072. Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally recommends approval of the Application(s) according to the specific conditions set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all necessary conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of February 2002. Dennis Chiniaeff, Chairperson ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the T emecula Planning Commission, do hereby certify that PC Resolution No. 02-_was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of February, 2002, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: R:ID P\2000\Oo-0140 Village of TemeculalSlaff Report and COAs.doc 14 ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: R:\D P\2000\OO-0140 Village of Temecula\Staff Report and COAs.doc 15 Debbie Ubnoske, Secretary EXHIBIT A CONDITIONS OF APPROVAL RID P\2000100-0140 Village of TemeculalStaff Report and COAs.doc 16 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PAOO-0140 PAOO-0152 Development Plan Tentative Parcel Map Project Description: PAOO-0140 Construct 160 attached single-family residential units on approximately 15.26 acres and a 71,100 square foot office/retail center on approximately 7.71 acres. PAOO-0152 Tentative Parcel Map subdividing the current three parcels, which are a portion of lot 24 of Tract 3334, into a individual parcels. Development Impact Fee Category: Residential Attached and Retail Commercial Approval Date: 944-290-012, 013,and 014. TBD Assessor's Parcel No.: Expiration Date: TBD PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of One thousand three hundred and fourteen dollars ($1314.00) for the County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 2110a(b) and California Code of Regulations Section 15075. If within said forty- eight (4a) 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 2. The parcel map shall comply with the State of California Subdivision Map Act and to all the requirements of the City of Temecula's 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. 3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend with Legal Counsel of the City's own selection, the City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, R\O P\200Q\QQ-0140 Village of Temecula\Staff Report and CQAs.doc 17 consultants, contractors, legal counsel, and agents from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, void, annul, seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. City shall promptly notify the both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves its right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 4. The project and all subsequent projects within this site shall comply with all mitigation measures contained in the Mitigation Monitoring Program and conditions set forth. 5. After grading, all slopes shall be planted in accordance with the City's Slope Planting Guidelines. Jute netting will be required on all slopes greater than ten linear feet. 6. An Administrative Development Plan application shall be submitted and approved by the Planning Department for buildings on Pads C, D, and E , prior to issuance of building permits. 7. The final landscape plan shall indicate street trees planted along the Rancho California Road frontage as a minimum of 24-inch box London Plane (Plantus Acerfolia 'Bloodgood'). 8. Areas proposed for development in another phase occurring not within six months of the completion of the previous phase shall be temporarily seeded and irrigated for dust and soil erosion control. 9. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan. 10. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 11. The development of the premises shall substantially conform to the approved Exhibits A through ff and the Color and Material Board on file with the Community Development Department - Planning Division. 12. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer, Property Owner's Association, or any successors in interest. 13. All mechanical and roof equipment shall be fully screened from public view by being placed below the lowest level of the surrounding parapet wall. 14. The colors and materials for the project shall substantially conform to those noted directly below and with the Color and Material Board on file with the Community Development Department - Planning Division. Primary wall exterior: Entry Doors, Railing, Shutters Roof Fascia, Trim and Garage doors La Habra Stucco "Cortez" (Base 200) La Habra Stucco "Meadow Brook" (Base 100) Frazee "Old Porch" LRV 10 Lifetile California "Mission Blend" Frazee "Old Porch" LRV 10 R:\D P\200Q\OO-0140 Village of Temecula\Staff Report and CQAs.doc 18 15. The construction landscape drawings shall indicate coordination and grouping of all utilities, which are screened from view per applicable City Codes and guidelines. Prior to Issuance of a Building Permit 16. The applicant shall submitthe architectural design ofthe apartment buildings for Planning Commission review. The architecture of the apartment shall be consistent with the architecture of the office/commercial buildings. (Added by the Planning Commission at the February 20, 2002 public hearing) 17. The apartment building on the east edge of the property in proximity to Lot numbers 36 and 37 of the Starlight Ridge Development shall be redesigned to the satisfaction of the Planning Department in order to reduce the negative view shed impacts. (Added by the Planning Commission at the February 20, 2002 public hearing) 18. Prior to issuance of building permits, Covenants, Conditions, and Restrictions (CC&R's) shall be approved by the Planning Department and recorded with the Riverside County Recorder. The CC&R's shall contain provisions for the creation of a Property Owner's Association for the maintenance of all landscaping on the commercial parcels, and maintenance of all internal roadway and hardscape surfaces within those parcels. 19. The applicant shall provide a pedestrian access from the east portion of the Apartment Complex to Rancho California Road. A Site Plan shall be submitted to the Planning Department for approval prior to the issuance of a building permit. (Added by the Planning Commission at the February 20, 2002 public hearing) 20. The applicant shall insure that all trees planted along the east property line of the subject development be a minimum size of24" box trees. The applicant shall revise the landscape plans and resubmit the plans for Planning Department approval prior to the issuance of a building permit. (Added by the Planning Commission at the February 20, 2002 public hearing) 21. The applicant shall add various tot lots throughout the apartment complex. The size, content and location shall be incorporated in the landscape plans and submitted to the planning Department for approval. (Added by the Planning Commission at the February 20, 2002 public hearing) 22. An Administrative Development Plan application shall be submitted and approved by the Planning Department for all (9) nine apartment buildings, garages, carports and clubhouse proposed in this project. The applicant shall revise the architecture of the apartment buildings by incorporating the elements found in the retail/ office buildings proposed. The elevations shall be reviewed by the Planning Commission and be approved by the Planning Department prior to the issuance of any building permits. (Added by the Planning Commission at the February 20, 2002 public hearing) Prior to Issuance of an Occupancy Permit 18. All perimeter and slope landscaping, including the Rancho California Road landscape planter area shall be installed to the approval of the Planning Director, prior to the first certificate of occupancy. 19. All conditions shall be complied with prior to any occupancy or use allowed by this Development Plan. 20. A one-year landscape maintenance bond of sufficient amount shall be submitted and approved by the Planning Department. 21. The applicant and owner of the real property represented by this approval shall join and maintain active membership in the Crime Free Multi-housing Program. (Added by the Planning Commission at the February 20, 2002 public hearing) R:ID P\200010Q,0140 Village of TemeculalStaff Report and COAs.doc 19 Prior to Issuance of Grading Permits 20. A copy of the Rough Grading plans shall be submitted and approved by the Planning Department. 21. The applicant shall comply with the provisions of Chapter a.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. DEPARTMENT OF PUBLIC WORKS 22. 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 23. 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. 24. 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. 25. 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. 26. 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 issuance of a grading permit: 27. 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. Verizon g. Southern California Edison Company h. Southern California Gas Company Development Plan 28. 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. 29. 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. 30. 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 R\D P\2000\OQ-0140 Village of Temecula\Staff Report and COAs.doc 20 including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. 31. 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. 32. 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. 33. 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. 34. 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, priorto 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. 35. 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. 36. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: a. 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, 207 A and/or 208. c. Street lights shall be installed along the public streets shall be designed in accordance with City Standard Nos. aoo, 801, a02 and 803. d. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400, 401 and 402. e. All street and driveway centerline intersections shall be at 90 degrees. f. All concentrated drainage directed towards the public street shall be conveyed through curb outlets per City Standard No. 301, 302 and/or 303. g. 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. h. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. i. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. 37. Private roads shall be designed to meet City public road standards. Unless otherwise approved the following minimum criteria shall be observed in the design of private streets: R:ID P\2000100,0140 Village ofTemeculalStaff Report and COAs.doc 2t a. Street "A" (private street) shall have a minimum paved width of 28-ft. with 50-ft. right- of-way. b. The driveway at the main entrance shall have a minimum paved width of 76-ft. with a 6' sidewalk on each side. c. The easterly driveway shall have a minimum paved width of 30-ft. with a 6' sidewalk on each side. d. The driveway leading to the residential section shall have a minimum paved width of 2a-ft. with a 5' sidewalk on each side. e. Cul-de-sac geometries shall meet current City Standards. f. 90 parking immediately adjacent to the private streets shall be located a minimum safe distance from intersections. g. Identify whether gates will be proposed at entrances to project. If so, configuration, stacking distance, and turn-around ability will need to be reviewed and approved by the Fire Department and the Department of Public Works. h. All intersections shall be perpendicular (90). i. All driveways providing access to two or more buildings shall be designed as a cul- de-sac or a loop road. 38. 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. 39. The westerly and easterly driveways shall be restricted to right-inlright-out. The main driveway shall have full turning movements. 40. 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. 41. 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. 42. The Developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the Developer shall, prior to submittal of the Parcel 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 off-site 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 City prior to commencement of the appraisal shall have approved the appraiser. 43. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 44. 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. 45. A minimum 24' easement shall be dedicated for public utilities and emergency vehicle access for all private streets and drives. 46. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 47. A reciprocal ingress/egress access easement shall be provided for the review and approval R:ID P\2000100-0140 Village ofTemeculalStaff Report and COAs.doc 22 of the Department of Public Works. Prior to Issuance of Building Permits 4a. Parcel Map 29140 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 addressing compaction and site conditions. 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 ofthe Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 52. An easement for a joint use driveway shall be provided prior to approval of the Parcel Map or issuance of building permits, whichever occurs first. Prior to Issuance of Certificates of Occupancy 53. A bus bay within the property frontage will be provided on Rancho California Road, as determined by the Department of Public Works. 54. 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: a. Improve Rancho California Road (Arterial Highway Standards -110' RNI/) to include installation of sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), 14' raised landscaped median, deceleration lane. (i) The Developer shall reimburse the City the cost for the construction of half width of the raised landscape median (yet to be built along Rancho California Road) at a rate not to exceed $50.00 per lineal foot. (ii) The Developer is to reimburse the City for their fair share of the cost of the existing median built by adjoining properties along Rancho California Road. The Developer is responsible for the frontage along their property. b. Install a 200' long deceleration lane on Rancho California Road at the proposed main entrance, as approved by the Department of Public Works. Dedicate an additional 1 0' of right-of-way for the deceleration lane. c. Provide an easement at the main entrance for the maintenance of traffic signal equipment, loops, and interconnect. d. Design and install a traffic signal at the intersection of Rancho California Road and the main entrance. 55. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. 56. 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 R:IO P\2000\00,0140 Village of TemeculalStaff Report and COAs.doc 23 57. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 58. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 59. 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. Parcel Map Prior to Approval of the Parcel 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: 60. 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. Cable TV Franchise i. Community Services District j. Verizon k. Southern California Edison Company I. Southern California Gas Company 61. 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: a. Improve Rancho California Road (Arterial Highway Standards -110' R/W) to include installation of sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), 14' raised landscaped median, deceleration lane. (i) The Developer shall reimburse the City the cost for the construction of half width of the raised landscape median (yet to be built along Rancho Califomia Road) at a rate not to exceed $50.00 per lineal foot. (ii) The Developer is to reimburse the City for their fair share of the cost of the existing median built by adjoining properties along Rancho California Road. The Developer is responsible for the frontage along their property. b. Install a 200' long deceleration lane on Rancho California Road at the proposed main entrance, as approved by the Department of Public Works. Dedicate an additional 1 0' of right-of-way for the deceleration lane. c. Provide an easement at the main entrance for the maintenance of traffic signal equipment, loops, and interconnect. d. Design and install a traffic signal at the intersection of Rancho California Road and the main entrance. 62. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. R:\D P\2000\OQ-0140 Village of Temecula\Staff Report and CQAs.doc 24 63. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: a. 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, 207 A and/or 20a. c. Street lights shall be installed along the public streets shall be designed in accordance with City Standard Nos. 800, a01, a02 and a03. d. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400, 401 and 402. e. All street and driveway centerline intersections shall be at 90 degrees. f. All concentrated drainage directed towards the public street shall be conveyed through curb outlets per City Standard No. 301, 302 and/or 303. g. 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. h. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. i. Design of street improvements shall extend a minimum of 300 feet beyond the. project boundaries to ensure adequate continuity of design with adjoining properties. 64. Private roads shall be designed to meet City public road standards. Unless otherwise approved the following minimum criteria shall be observed in the design of private streets: a. Street "A" (private street) shall have a minimum paved width of 2a-ft within a 50-ft. right-of-way. b. The driveway atthe main entrance shall have a minimum paved width of 76-ft. with a 6' sidewalk for each. c. The easterly driveway shall have a minimum paved width of 30-ft. with a 6' sidewalk on each side. d. The driveway leading to the residential section shall have a minimum paved width of 28-ft. with a 5' sidewalk on each side. e. Cul-de-sac geometries shall meet current City Standards. f. 90 parking immediately adjacent to the private streets shall be located a minimum safe distance from intersections. g. Identify whether gates will be proposed at entrances to project. If so, configuration, stacking distance, and turn-around ability will need to be reviewed and approved by the Fire Department and the Department of Public Works. h. All intersections shall be perpendicular (90). i. All driveways providing access to two or more buildings shall be designed as a cul- de-sac or a loop road. 65. 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. 66. Relinquish and waive right of access to and from Rancho Califomia Road on the Parcel Map with the exception of three (3) openings, as delineated on the approved Tentative Parcel Map. a. The westerly and easterly driveways shall be restricted to right-inlright-out. The main driveway shall have full turning movements. R:ID P12000100-G140 Village of TemeculalStaff Report and COAs.doc 25 67. 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. 68. 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. 69. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision, which is part of an existing Assessment District, must comply with the requirements of said section. Prior to City Council approval of the Parcel Map, the Developer shall make an application for reapportionment of any assessments with appropriate regulatory agency. 70. Any delinquent property taxes shall be paid. 71. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Parcel 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 following information shall be on the ECS: a. The delineation of the area within the 1 OO-year floodplain. b. Special Study Zones. c. Geotechnical hazards identified in the project's geotechnical report. d. Archeological resources found on the site. 72. 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. 73. The Developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the Developer shall, prior to submittal of the Parcel 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 off.site 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. 74. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 75. 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. 76. A bus bay within the property frontage will be provided on Rancho California Road, as determined by the Department of Public Works. 77. A minimum 24' easement shall be dedicated for public utilities and emergency vehicle access for all private streets and drives. 78. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. 79. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 80. An easement for a joint use driveway shall be provided prior to approval of the Parcel Map or R\D P\2000\OO-Q140 Village of Temecula\Staff Report and COAs.doc 26 issuance of building permits, whichever occurs first. a1. A reciprocal ingress/egress access easement shall be provided for the review and approval of the Department of Public Works. a2. 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 a3. 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 g. Verizon h. Southern California Edison Company i. Southern California Gas Company 84. 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. 85. 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. 86. 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. a7. 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. 88. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No R:\D P\2000\OO-0140 Village of Temecula\Staff Report and COAs.doc 27 grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. a9. 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. 90. 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. 91. 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. Prior to Issuance of Building Permits 92. Parcel Map shall be approved and recorded. 93. 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. 94. 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. 95. 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. Prior to Issuance of Certificates of Occupancy 96. 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 d. Southern California Edison 97. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 9a. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 99. 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 100. Prior to installation of arterial street lighting, the developer shall file an application with the TCSD and pay the appropriate energy fees related to the transfer of said street lighting into the respective TCSD maintenance program. 101. All parkway landscaping, slope areas and interior streetlights shall be maintained by the property owner or private maintenance association. R\D P\200Q\OO-0140 Village of Temecula\Staff Report and COAs.doc 28 102. The Developer shall provide adequate space for a recycling bin within the trash enclosure areas. 103. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 104. Class II bike lanes shall be included on the street improvement plans for Rancho California Road. Any damage caused to the existing Class II bike lanes on Rancho Califomia Road as a result of construction shall be repaired or replaced, as determined by Public Works. Prior to the issuance of buildina permits: 105. The developer shall satisfy the City's parkland dedication requirement through the payment of in-lieu fees equivalent to .97 acres of parkland, based upon the City's the current land evaluation. Said requirement includes a 50% credit for private recreational opportunities provided on-site and shall be pro-rated at a per dwelling unit cost prior to the issuance of each building permit requested. BUILDING AND SAFETY 106. All design components shall comply with applicable provisions of the 1998 edition of the California Building, Plumbing and Mechanical Codes; 199a National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 107. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 108. 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. 109. Obtain all building plans and permit approvals prior to commencement of any construction work. 110. Obtain street addressing for all proposed buildings prior to submittal for plan review. 111. Disabled access from the public way to the main entrance of the 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) 112. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1 , 1998) 113. Provide disabled access from the public way to the main entrance of the building. 114. Provide van accessible parking located as close as possible to the main entry. 115. Show path of accessibility from parking to furthest point of improvement. 116. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 117. Restroom fixtures, number and type, to be in accordance with the provisions of the 1998 edition of the California Building Code Appendix 29. Obtain the Division of the State Architect recommendation for the accessible restroom dimensions for toddlers from the Building Official, to implement in the building design. 118. Provide an approved automatic fire sprinkler system. 119. Provide appropriate stamp of a registered professional with original signature on plans prior\R:ID P\2000100-0140 Village of TemeculalStaff Report and COAs.doc 29 to permit issuance. 120. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 121. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 122. Provide precise grading plan for plan check submittal to check for handicap accessibility. 123. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 124. Trash enclosures, patio covers, light standard and any block walls if not on the approved building plans, will require separate approvals and permits. 125. Show all building setbacks. 126. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one- quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Holidays FIRE DEPARTMENT 127. Final fire and life safety conditions will be addressed when the Fire Prevention Bureau reviews building plans. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes that are in force at the time of building plan submittal. 128. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1875 GPM at 20-PSI residual operating pressure, plus an assumed sprinkler demand of a50 GPM for a total fire flow of 2725 GPM with a 3-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 III-A) 129. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-l. A minimum of 4 hydrants, in a combination of on-site and off- site (6" x 4" x 2-21/2" outlets) on a looped system shall be located on fire access roads and adjacent to public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to an hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B). 130. 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) 131. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum tuming radius on any cul- de-sac shall be forty-five (45) feet. (CFC 902.2.2.2.3 and Subdivision Ord 16.03.020) 132. 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) R:\D P\2000\OQ.0140 Village of Temecula\Staff Report and COAs.doc ]0 133. 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 ao,ooo Ibs. GVW. (CFC a704.2 and 902.2.2.2) 134. 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 ao,ooo Ibs. GVW with a minimum AC thickness of .25 feet. ( CFC see 902) 135. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) 136. The gradient for a fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 902.2.2.6 Ord. 99-14) 137. Prior to building construction, dead end roadways and streets in excess of one hundred and fifty (150) feet, which have not been completed, shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) 13a. Prior to building construction, this development shall have two (2) points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) 139. 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) 140. 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) 141. 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 have a minimum of six (6) inch high letters andlor numbers on both the front and rear doors. Single-family residences and multi-family residential units shall have four (4) inch letters and lor numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) 142. Prior to issuance of a Certificate of Occupancy or building final, a directory display monument sign shall be required for 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. 143. 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) 144. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for R:ID P\2000100-0140 Village ofTemeculalStaff Report and COAs.doc ]1 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) 145. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located in locations approved by the Fire Department. (CFC 902.4) 146. 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) 147. 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. 148. 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 a1 and all applicable National Fire Protection Association standards. (CFC Article al) 149. 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 a001.3) Special Conditions 150. 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) 151. 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) 152. Prior to building permit issuance, a full technical report may be required to be submitted and to the Fire Prevention Bureau. This report shall address, but not be limited to, all fire and life safety measures per 1998 CFC, 199a CBC, NFPA -13,24,72 and 231-C. 153. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a simple floor plan, each as an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. 154. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) 155. The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports. (CFC Appendix II-E) R\D P\2000\OO-Q140 Village of Temecula\Staff Report and COAs.doc ]2 OUTSIDE AGENCIES 156. The applicant shall comply with all the mitigation measures identified in the attached Mitigation Monitoring Plan. (Environmental Mitigation Measures) 157. The applicant shall comply with all the requirements set forth in the letter from the United States Department ofthe Interior Fish and Wildlife Services dated May 31,2000. (Attached letter) 158. The applicant shall comply with all the requirements set forth in the letter from the Pechanga Cultural Resources dated January 10, 2002. (attached letter) By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Name printed R\O P\2QOQ\QO-0140 Village of Temecula\Staff Report and COAs.doc ]] CITY OF TEMECULA UJ AC-J- 7~ o ?J t; )> CASE NO. - PAOO-0138, 0139, 0140 & 0152 EXHIBIT - A PLANNING COMMISSION DATE- February 20, 2002 VICINITY MAP R:\D P\2000\OD-0140 Village ofTemecula\Slaff Report and COAs.doc ]4 CITY OF TEMECULA EXHIBIT B -.GENERAL PLAN MAP DESIGNATION -(LM) LOW MEDIUM AND (PO) PROFESSIONAL OFFICE EXHIBIT C - ZONING DESIGNATION - LM LOW MEDIUM AND PO PROFESSIONAL OFFICE CASE NO. - PAOO-0138, 0139, 0140 & 0152 PLANNING COMMISSION DATE - February 20, 2002 R:\D P\2000\OO-Q140 Village of Temecula\Staff Report and COAs.doc ]5 CITY OF TEMECULA SEE ATTACHED DOCUMENT . CASE NO. - PAOO-0138, 0139, 0140 & 0152 EXHIBIT - D INITIAL STUDY/MITIGATION MONITORING PLAN PLANNING COMMISSION DATE. February 20,2002 R:\D P\2000100'0140 Village of TemeculalStaff Report and COAs.doc ]6 CITY OF TEMECULA . ," . .-. - COMMERCIAL -~ ::.::= - -. ~5Y=! !! : =m::.:~. - . ----_. ---..- .---., ---..- .---.. ---..- rlil:::::--=L.M. --.-.J - _3~ J~: -...,---- ..---- -_..._..~ -- ----.!i =-- :5i -- .-. ~ [ :~ .;..,.. ~; ....-........ -"':\~.:.... CASE NO. - PAOO-0138, 0139, 0140 & 0152 EXHIBIT - E PLANNING COMMISSION DATE- February 20, 2002 SITE PLAN R:\D P\2000\OO-0140 Village of Temecula\Staff Report and COAs.doc ]7 CITY OF TEMECULA . - - . -~-=-~ ~ , CONCEPTUAL GRADING PLAN -_...-.... --- -....-.. -- .ur..... CASE NO. - PAOO-0138, 0139, 0140 & 0152 EXHIBIT - F PLANNING COMMISSION DATE- February 20,2002 GRADING PLAN R:ID P\2000100,0140 Village of TemeculalStaff Report and COAs.doc ]8 CITY OF TEMECULA SEClXW- "., - " stcnCft _ "J( SEel"" "y(" S[ClKW T SITE SECTIONS PA#OO-O/40 .......... ~-- .._....wo' --~ -...-....,..,...,J01". CASE NO. - PAOO-0138, 0139, 0140 & 0152 EXHIBIT - G PLANNING COMMISSION DATE- February 20, 2002 GRADING PLAN R:\D P\2000\OO-0140 Village of Temerula\Staff Report and COAs.doc ]9 CITY OF TEMECULA DEVELOPMENT PLAN T'l'PICA.l SlREET SECTIONS PA#00-0/40 ; ~ ~:;~ _. "1'::;,.J -~- R'-N~r::::r.;::."nAl1 RAHr:: r~I::MMA !lnAn -~ t4 :~!~ hll -. AI'T.F"<;<; nmllF....... .~_I'" h4ftI+t 'b lit ~ ::r.,-' ".INI'N~A~(~aAJ..) ~ .~~.!i[ qcrHl)"~=lll.Nff((':(lI,fMEflaAl) ~ '~ ~ = 11 - T " I ~~ ...... ~N':.':; (~l1-r.o.lolllY) CASE NO. - PAOO-0138, 0139, 0140 & 0152 EXHIBIT - H PLANNING COMMISSION DATE- February 20,2002 R:\O P\2000100,0140 Village of TemeculalSlaff Report and COAs.doc 40 -........--..-- ---. 5-..=l..'l::::Il... ~ Ei=':--:::E= --- ~--- = Bl/""',__ """-"'" .. ........... ::-'::::''':i:;';'-'' --- =::. ~-.. :...'":"=.... I:i== ~.::...~ =~::..":.""-.... "'(104_'" '_"nr;._~.~r ....-- . -,- ""--..... ~"ii~:i:-- ~~..:::: -.- -'''''''- """"-'" IIulduom~CDt......~tG....,.bloc. . 4l1ll.......-~. ....CollI.io!MI lIIllIi-_n .,....,...F.II ......,'..-. GRADING PLAN CITY OF TEMECULA -___-C"- . . --. - . ~--- -- UIIIl..ll-. :u:r= E':::":;.-;:~.::::- =:: :.::..... -......- ~~~ ~ - ~ . - -~-_. - CASE NO.- PAOO-0138, 0139, 0140 & 0152 EXHIBIT -I PLANNING COMMISSION DATE- February 20, 2002 TENTATIVE PARCEL MAP R\O P\2000\OO-Q140 Village of Temecula\Staff Report and COAs.doc 41 o . . '. --- ,-- ., I -- -..... ....- -- ......... -,,- -- -.... -,,- --- -..... -..-- --....-..... = ~""=r.o1 ~-_.. =....- - . ...---.. .. ....- _...,,- --- [-- .. I -- .........-..- -- -..... -"- -- -.... -..- --- -.. ..-- ~ :.:r=n.'l -.. :.."':::.-,:,:" -. ~.::rr _. . ~:: ,....-...... - - '1II~_-==-==:I.. '~~'-.n- .="~'l'Il'.TU.r_ :~.-~:::.. ..--..--...- --..- CITY OF TEMECULA .. m:u.ttWlY PlANTNG PLAN --~ -~- l1J.OlID<SIOOUTI<-......O_D CIfOOlPNll,OOUCII-7!61 PlD€:IIB-&6-M50 ~ ~~ ---.- "'"'" ~~ \lD --- -- _.."'L"'1:I=---"''1oI._ l/14/'1<<1l1\X1-13J CASE NO. - PAOO-0138, 0139, 0140 & 0152 EXHIBIT - J PlANNING COMMISSION DATE- February 20,2002 LANDSCAPE PLANS R:\D P\2000100.{)140 Village ofTemeculalStaff Report and COAs,doc 42 CITY OF TEMECULA -=6WJi' ~., I! 1 j I _,--. 1 j r-_. -""-~.LJ...._~' 'MIW .... fA""""'" NOIh1lmv"lJOH~.5t.t: ~nfa.o:"'TJOfI~.!: J I ! 1 ! , ! I JJ' r j I k.---~ I I . ! I ! i j : 'l ! I ~I-.._!,_! : I ;",..~ t j i ,X; Ii. ,~t"'I","",~~' """-OC::_;-_-~J"1.._.-"""-__....II --=-- I r - I (' I I 11 J '--- v '--'..- : ~ .I'AIfJIoUNAN J ~_"".~__""'...l"I..-^~:i ~'" . ' 'r I'AIl1l..Q.ft.AJI . ...~~...~ } .~, I _. l .-. j I _.~ . l!Iu'UU''''UN.lIJI.OW(;S~''::''$ .~QflIAno;m-'.ADA \5i!So~~~ . ...........,. .=:==-== ~ .~~~ R___ .___ R__ __ TEMECULA VILLAGE CENTER _a ~k CASE NO. - PAOO-0138, 0139, 0140 & 0152 EXHIBIT - K PLANNING COMMISSION DATE- February 20, 2002 COMMERCIAL FLOOR PLANS/ELEVATIONS R:\D P\2000\OO-0140 Village of Temecula\Staff Report and COAs.doc 4] :m e!r~Ancw-llJIl1JINCt; 'JSkr" .,-' , , , ' DmfflEVA~-I/UIU}(H(;G ~ ' , lllSTflEV.lTICW_IUIl.OiNGH .._......""".......,,-.... CITY OF TEMECULA I ' ~~ ~1dl!J ___ : 1iil, ,,' " '.~.., " , , , , ' ~Eb I"AA1lAl.PL4N A.Et 2~""TlOH~-~ -. - - . WES"Falv....lJl:IolI--~r ~~"1XW-~1L ~~qlVAJX'I'L-5!J.9I'.'-__ ~ ..m.,.,,.,, ~"_~I dL ~<< 'I I '-'-._.' !'" --": -':" ~flEV"TION_llIII.DfH(;;l ..MJIlfflaEVATION_ItKl.OrHCI. ~,-- sc:lIll&uvATION.IWJJfNGH M2B1l1.fUV"JI(W.II.Il.Dl'NGH " ~~lUVA7IClN-ltJIlDtHGF . ~~UfV"'OOH_.$HOP' ~ . '.' ,; ~c131 i:biiQ -- ~ t sourHlUVATIC!N-'MJA c 0:...-.......__ -p===, ~-= ~!=sF I~~ ijE-=- ~-- ~- ~- ._- , ~.~"71Oi>'-,...wA TEMECULA VILLAGE CENTER _a ~ ~ CASE NO. - PAOO-0138, 0139, 0140 & 0152 EXHIBIT - L COMMERCIAL FLOOR PLANS/ELEVATIONS PLANNING COMMISSION DATE- February 20,2002 R:\D P\2000\OO-Q140 Village of TemeculalStaff Report and COAs,doc 44 CITY OF TEMECULA "'. ~I ~~f~ ... ... PAD-A FET......-TWEVNRJU.ySf'll'fQ..EAED ~NEA;G.OOOSF PAD-B fET......-n'P'EVNRJU.yllf'f'lN(l.EREO LEASE.la...ENEJo;tI,1XISF ~ --'1'..-"""""",........ TEMECUlA VilLAGE CENTER -~ I -M6A- CASE NO. - PAOO-0138, 0139, 0140 & 0152 EXHIBIT - M COMMERCIAL FLOOR PLANS/ELEVATIONS PLANNING COMMISSION DATE- February 20,2002 R:\D P\2000\OQ..0140 Village of Temecula\Staff Report and COAs.doc 45 CITY OF TEMECULA I-'-~'----'---- J- I I I I I BLDO. I 1ETAl..-Tlf'E'<t<lRllY9f'ffl<l..BlED ~NEA>5.500SF BLDO. H flETM...Tn'EVNFLU..YSI'f'HJ..B'ED l.EA.SEABLEA/El.<4.0008l' BLDO. G AET.....-nre..,. R.llUlll'fIH(lflI3) l..EASEA.9LE~4,520SF .. ~ __'~I'(...UI.al.M.~N'a TEMECULA VILLAGE CENTER """"-'''' CASE NO. - PAOO.Q138, 0139, 0140 & 0152 EXHIBIT - N PLANNING COMMISSION DATE- February 20,2002 ~A COMMERCIAL FLOOR PLANS/ELEVATIONS R:\O P\2000100-Q140 Village ofTemeculalSlaff Report and COAs.doc 46 I CITY OF TEMECULA , ii. . ana. F SECOND R.OOR PLAN IETAL4TYPEYNFU.LT~ l.b\.9E.Io&.ENEJ,;O,9OOSF . B..OO. F RFlST A...OOR PLAN . 1ET......-TYl'E'lNFU.J...TI3f'JN::l..EFEO l..E/l:lEAa.E~g~8F TEMECULA VILLAGE CENTER -.aM ~ CASE NO. - PAOO-0138, 0139, 0140 & 0152 EXHIBIT - 0 PLANNING COMMISSION DATE- February 20, 2002 ~ .-.-..oy..._...... __. ~ -M€J.A COMMERCIAL FLOOR PLANS/ELEVATIONS R:\D P\2000\QO-Q140 Village of Temecula\Staff Report and COAs.doc 47 ( \ CITY OF TEMECULA If-e' IF:.:::=:t!lL=-=::::::::,ill~.ft ii Ii ii ", '\. ,/ : ~ :~~_J .. .._=,,=.--===.~~ ~'- 'Jjm[Ji II ,-- :1 !1 =- 1j ioi:.::::_ -loJ fgt=::-.::' bl- .::::::kJ CLUBHOUSE FLOOR PLAN 3750 sq.fl. s.:..L""V......-o' VILLAGE OF TEMECULA HOMES FOR LEASE TEMECULA, CALIFORNIA CASE NO. - PAOO-0138, 0139, 0140 & 0152 EXHIBIT - P PLANNING COMMISSION DATE- February 20,2002 R:ID P\2000100.0140 Village of TemeculalStaff Report and COAs.doc 48 r'-~'~ , , L .j [--I , , 1--._.1 . ~ _.l.R.....,ARCIlIT8::TI.IIC.j;; _.....=.::-.:.: --- CLUBHOUSE FLOOR PLANS CITY OF TEMECULA " ~ l ~ :. ~EFAONTB..EY"'TIOM REAREUVA110N . ;, I LEFTSDEnEYATION RIQKT SIDE nEYATION - VILLAGE OF TEMECULA HOMES FOR LEASE TEMECULA, CALIFORNIA _.l.fI......~lM(:.b;! -.-="'.. A-2 --- CASE NO. - PAOO-0138, 0139, 0140 & 0152 EXHIBIT - Q PLANNING COMMISSION DATE- February 20,2002 CLUBHOUSE ELEVATIONS R:\D P\2QOO\DO-0140 Village of Temecula\Staff Report and COAs.doc 49 CITY OF TEMECULA ...~. t 10 10 t '0 .0 BUILDING TYPE 'I' FIRST FLOOR PLAN . VILLAGE OF TEMECULA HOMES FOR LEASE TEMECULA, CALIFORNIA _......VNltAl'tClWlU:'n,-.c.~ -..="'''" A-3 --- . CASE NO. - PAOO-0138, 0139, 0140 & 0152 EXHIBIT - R PLANNING COMMISSION DATE- February 20, 2002 APARTMENT FLOOR PLANS/ELEVATIONS R:\D P\2000100.0140 Village of TemeculalStaff Report and COAs.doc 50 CITY OF TEMECULA 'IN'''. ~ BUILDING TYPE 'I' SECOND FLOOR PLAN &(;-..z'II...1'-<1" VILLAGE OF TEMECULA HOMES FOR LEASE TEMECULA, CALIFORNIA _L",~~,",..-c.Fl -:.::=.~ ~ A", CASE NO. - PAOO-0138, 0139, 0140 & 0152 EXHIBIT - S PLANNING COMMISSION DATE- February 20, 2002 APARTMENT FLOOR PLANS/ELEVATIONS R:\D P\2000\DO.0140 Village of Temecula\Staff Report and COAs.doc 5t CITY OF TEMECULA .. e. 8tIIl.O"O TYPE I - FRONT ILeVATlON 8UlLDDCO TYPE I" 6lDf ELEYAllOtI VILLAGE OF TEMECULA HOMES FOR LEASE TEMECULA, CALIFORNIA _I.FLY"AII~.INC.F1 -..::s.= ~ A-& CASE NO. - PAOo-0138, 0139, 0140 & 0152 EXHIBIT - T PLANNING COMMISSION DATE- February 20, 2002 APARTMENT FLOOR PLANS/ELEVATIONS R:\D P\2000100-Q140 Village of Teme<:tJlalStaff Report and COAs.doc 52 CITY OF TEMECUlA -~. 1 . t BUILDING TYPE 'lIa' FIRST FLOOR PLAN VillAGE OF TEMECUlA HOMES FOR LEASE TEMECULA. CALIFORNIA sc......,"...1'-O" _.............AftCHI1'EC'n".MC.[;;;I -..---.. A- --- CASE NO. - PAOO-0138, 0139, 0140 & 0152 EXHIBIT - U PLANNING COMMISSION DATE- February 20, 2002 APARTMENT FLOOR PLANS/ELEVATIONS R:\D P\2000\OO-o140 Village of Temecula\Staff Report and COAs.doc 5] CITY OF TEMECULA _.r t !').---f. : II III It-_-_~ : BUILDING TYPE 'lIa' SECOND FLOOR PLAN VILLAGE OF TEMECULA HOMES FOR LEASE TEMECULA. CALIFORNIA sc.....ev...1'-O" _.LR.,.,..~CItrTECTS,IIfC.[;;I -.=""" A-7 ---- CASE NO. - PAOO-0138, 0139, 0140 & 0152 EXHIBIT - V PLANNING COMMISSION DATE- February 20, 2002 APARTMENT FLOOR PLANS/ELEVATIONS R:IO P\2000100-0140 Village of TemeculalStaff Report and COAs.doc 54 CITY OF TEMECULA 1111 Ill! II i , VILLAGE OF TEMECULA HOMES FOR LEASE TEMECULA, CALIFORNIA _.a.Fl,.YMNj"IteKrECTa,INC.Fl -'-:'::;;'= ~ A-a CASE NO. - PAOO-0138, 0139, 0140 & 0152 EXHIBIT - W PLANNING COMMISSION DATE- February 20, 2002 APARTMENT FLOOR PLANS/ELEVATIONS R:\D P\2.00Q\OO-o140 Village of Temecula\Staff Report and COAs.doc 55 CITY OF TEMECULA Q~W A-1R B-2R t " " BUILDING TYPE 'III' FIRST FLOOR PLAN . . , , VILLAGE OF TEMECULA HOME;S FOR LEASE TEMECULA, CALIFORNIA _"'R,*~~.~~ A-91 CASE NO. - PAOO-0138, 0139, 0140 & 0152 EXHIBIT - X . PLANNING COMMISSION DATE- February 20, 2002 APARTMENT FLOOR PLANS/ELEV ATIONS RID P\2000100-Q140 Village ofTemecula\Slaff Report and COAs.doc 56 CITY OF TEMECULA ur~ t ~-~1 .1 III it_-_~ I . = r'i------{'ll 'I [II tt-____~: BUILDING TYPE 'III' SECOND FLOOR PLAN """'-""........ VILLAGE OF TEMECULA HOMES FOR LEASE TEMECULA, CALIFORNIA _...R.,......~,IJfC.~ ----=."."" A-1C --- CASE NO_ - PAOO-o138, 0139, 0140 & 0152 EXHIBIT - Y PLANNING COMMISSION DATE- February 20,2002 APARTMENT FLOOR PLANS/ELEVATIONS R:\D P\2QQQ\QQ-Q14Q Village of Temecula\Staff Report and COAs.doc 57 CITY OF TEMECULA ~ r ~ BUa...olNG TYPE m FRONT -AND REAR ELEVATION II II ----------------- ----------------- . . BlM..DlNG TYPE m SIDE ELEV A TlON BUILDING TYPE HI SIDE ELEVATION VILLAGE OF TEMECULA HOMES FOR LEASE TEMECULA, CALIFORNIA _"'I'I.YllNoUI~n.-.c.b;j _.-="."" A-11 --- . CASE NO. - PAOO-o138, 0139, 0140 & 0152 EXHIBIT -Z PLANNING COMMISSION DATE- February 20, 2002 APARTMENT FLOOR PLANS/ELEVATIONS R:\D P\2000\OO-0140 Village ofTemeculalStaff Report and COAs.doc 58 CITY OF TEMECULA 13<&'''. t A-1R '10 I t BUILDING TYPE 'IV' FIRST FLOOR PLAN SCA'-e..........,. VILLAGE OF TEMECULA HOMes FOR LEASE. TEMECULA, -CALIFORNIA _"'R.~~C'1lI.INC.b;j -.--=."."" A-12 --- CASE NO. - PAOO-o138, 0139, 0140 & 0152 EXHIBIT - aa PLANNING COMMISSION DATE- February 20,2002 APARTMENT FLOOR PLANS/ELEVATIONS R:\D P\2000\OO-0140 Village of Temecula\Staff Report and COAs.doc 59 CITY OF TEMECULA ~ BUILDING TYPE 'IV' SECOND FLOOR PLAN .CAU:'''....-o- VILLAGE OF TEMECULA HOMEs. FOR ~EASE ' TEMECULA, CALIFORNIA _...R.......~IMC.~ -~..__.... --- A-13 CASE NO. - PAOO-o138, 0139, 0140 & 0152 EXHIBIT - bb PLANNING COMMISSION DATE- February 20, 2002 APARTMENT FLOOR PLANS/ELEVATIONS R:\D P\2000100-0140 Village of TemeculalStaff Report and COAs,doc 60 CITY OF TEMECULA BUILOlMO TYPE I y. FROtfT ELEVAllON 8UIl..DCNQ TYPE: I Y- SlOE ELEVATION Yol~h~R~fisPF TEMECULA TEMECULA, CALIFORNIA r ;, Ii _.l.A.V..ARCHIftC'n...:.[;] -'.-=."''''' A-14 --- CASE NO. - PAOO-D138, 0139, 0140 & 0152 EXHIBIT - cc PLANNING COMMISSION DATE- February 20,2002 APARTMENT FLOOR PLANS/ELEVATIONS R:\D P\2000\OO-0140 Village of Temecula\Staff Report and COAs,doc 61 PLAN B-1 ...BIT..IIU!....... _'G.l'T. __R.ooII.uru. _'O-Ff. ~- I PLAN B-3 UJlTAILE.Ao .. IOIT. __R..OOllARE&. ....ton. CITY OF TEMECULA PLAN 8-2 IIABlTAaLEAfIEIu ton'OIT. __I\.OOIIAIIEA. _1tQ..fT. , ~ -(t.:::j) II] ~ BUILDING TYPE II - TYPICAL 4-CAR GARAGE UNDER 8-4 UNIT PLAN B-4 KAm~'1lEL VILLAGE OF TEMECULA HOMES FOR LEASE TEMECULA, CALIFORNIA tat.an, CASE NO. - PAOO-o138, 0139, 0140 & 0152 EXHIBIT - dd PLANNING COMMISSION DATE- February 20, 2002 TYPICAL 4.CAR GARAGE PLAN 1ll!Ma.LA.nIillollCtlnCn '~[;J -.....--.... _-:.-:.::: A-15 APARTMENT FLOOR PLANS/ELEVATIONS R:\D P\2000100-0140 Village of Temecula\Slaff Report and COAs,doc 62 CITY OF TEMECULA r PLAN A-1 IU.lIfTAaI.a"AIIEAo 7OO1Q.F'T. --~_ ntlCU'T. PLAN A-3 IlA8ITAIU MEA. JOO IQJ'T. ItM..DItl3A.OO1lAIIU. mlQ}'T. VILLA GE OF TEMECULA HOMES FOR LEASE . TEMECULA, CALIFORNIA CASE NO. - PAOO-o138, 0139, 0140 & 0152 EXHIBIT - ee PLANNING COMMISSION DATE- February 20,2002 R:\D P\2000\OO-0140 Village of Temecula\Staff Report and COAs.doc r ~, =--- '--'. ,--- "- .u.'1;i';;"TI!-- ~-- PLAN A-2 MUlTAaE:AIltA. ,.. ICl.FT. -.... "- _ 7711Q.JT. PLAN A-4 IIAlIJTAIU!Idlf4. ..'IQ.F'T. ~IlGFI.OOIl.IlEA. 8M'~.FT_ -- "-1'\..,.. AllCIflYCTI. Me. [;;] _..,=~.:o; A-16 --- APARTMENT FLOOR PLANS/ELEVATIONS 63 ATTACHMENT NO.8 LETTERS RECEIVED R:ID P\2000l00-0140 Village of TemeculalCC Agenda Report,doc 31 2/19/02 ' Temecula City Planning Commission 43174 Business Park Drive Temecula, CA 92591 To Whom It May Concern: Subject: SEE ATTACHED My name is Debra Moreno I am a homeowner in the Starlight Ridge my address is 42767 Twilight Court, I am one of the Twenty-one homeowners that border the proposed project,l have been a resident of T emecula for 11 years, When I first moved here it was great, no traffic, no noise you could sit in your backyard and only hear cricketts chirpping. I have lived at my current address for 8 years, 6 of the years I rented the home I currently reside in. I bought my home two years ago because of the great view that I have from my backyard and the open space between my home and or homes in the vicinity, the noise 2 years ago was minimal and the traffic was minimal. That has all changed, The traffic as we all know is horrible now and the noise from the traffic goes on untif late in the night. The proposed project will: 1), Obstruct my view and the view of the other bordering residents. 2), Lower the value of my home/property, 3). Increase traffic (which the city does not need), 4). Noise levels will double due to increased traffic and people. These are the main reasons I oppose the project. Please view this as if it were your home. iJrr;~lJff Debra Moreno &i?V0?0~J'1~" j, . ps,. J (!Add J1d cdiMUI vf)1J!I!fi'-?! ~J w~ J~M, z,'1 ~o'lS Co5n.;'C D/". kr'), -p.f!'(L-fj-r,j/iWi0ttll LiZ050 CC>~/M LC- Ve, '5€-A. l1ZfJS~ C-a9't/o -#2. v:c/f l./2'f1-'L ~ S-t- ~ 32 III ~;:,r ~Oyec~ l125'l2 lj.7-~-r- ~-9.M' {j2JJ2 LId. '; n h CluL. cLuvv Pc "7//:7/ /if/#:#- dl.HtIi- DIL- 31/1/ /JJ//?/J o!.MJ/j zY. ~ .~/7fo 9JTI Coj)~W 3t>!!b srn. 0p,~J.h:;:2)r)/ "tS ,.J 2-13-02 Temecula City Planning Commission 43174 Business Park Drive Temecula, CA 92591 The people of Alta Vista, Star Light Ridge North, Star Light Ridge South, and the Villages homeowners associations are disappointed in the design acceptance and handling of matters regarding the Temecula Village project located on the south side of Rancho California Road approximately 200 feet west of the intersection at Cosmic Dr. The first neighborhood meeting regarding the project brought opposition to more apartments and a rezoning to commercial of the bottom half of the properties in question. David Hogan recorded citizens' expectations and promised no impact to the single-family homes adjoining the project. Recently another neighborhood meeting was held. The project concept had not changed. Attending residents again raised similar opposition to the project. Unfortunately the mailed notice for the meeting identified the wrong wly. Many impacted residents were unable to voice their concerns. Twenty-one homeowners directly border the proposed project on the eastern and southern sides. Several hundred surrounding homeowners will be impacted as well. Other Temecula residents currently needing to use the Rancho California corridor will also feel the consequences ofTemecula Villages. Correct planning is essential to benefit residents, developer, and .the city. " Our concerns address several issues. Plans for Temecula Villages show apartments blocking view sheds of single home residents along the eastern border. Commercial buildings are 10 feet from the fence line of Cosmic Dr. residences. Parking lots are visible from Rancho California Road. No Buffer exists between residential and commercial. Commercial buildings and apartments are not the proper transitional structures to single home . neighborhoods. Layout of commercial structures doe ot encourage a sense of community. Another stop light on Rancho fo' a road at the Portofino Apartments will be a necessity not an amenity if c is to gain access to businesses in Temecula Villages. Commercial build' . add to the volume of noise, light, and traffic in our neighbor s. 1 ............ )' The current Temecula Villages project is in violation of the General Plan and places neighborhoods in direct conflict with developers. Noted violations of the General Plan are included in the following document. Planning still has the ability to remedy the current violations and provide a long term, beneficial situation to all residents, developer, and the city of Temecula. Sincerely, Scott Hanson, President Starlight Ridge North Homeowners Association Ray Johnson, President Starlight Ridge South Homeowners Association Burlie Cole, President Alta Vista Homeowners Association Clark Cegley, President The Villages Homeowners Association 2 \~ /bY ;J 1J~"'3 tko7/f!oJIYl! (/ ]~--/!/6 ~~ 14Ah/ - '1~S-.2{) tIeJ dk1-lJ PE 1~ /Y~ /{ ~r>t Lf;Wlb~'v 'Pr.~ ~(LL, $~--~c-/ " , ~/L/6ff7 ~ / ~ /Y)-f()~ '1rJ1IJI rwdiffhJ lj-. VYlfM\'l0 G. S'cA~_ y { f! f.{ :BOYEo.J,;:s . v.e-- ~. keuk ~ ((cfJ @o1Ul~;PL ~ /~~ (/ 'I / ~ 1 J JJt'J>tl-uui; -; PV>: ~ 2-13-02 ~~ @ ~ 0 w ~ml uU FES 2 0 2002 @, Temecula City Planning Commission 43174 Business Park Drive Temecula, CA 92591 8y The people of Alta Vista, Star Light Ridge North, Star Light Ridge South, and the Villages homeowners associations are disappointed in the design acceptance and handling of matters regarding the Temecula Village project located on the south side of Rancho California Road approximately 200 feet west of the intersection at Cosmic Dr. The first neighborhood meeting regarding the project brought opposition to more apartments and a rezoning to commercial of the bottom half of the properties in question. David Hogan recorded citizens' expectations and promised no impact to the single-family homes adjoining the project. Recently another neighborhood meeting was held. The project concept had not changed. Attending residents again raised similar opposition to the project. Unfortunately the mailed notice for the meeting identified the wrong day. Many impacted residents were unable to voice their concerns. Twenty-one homeowners directly border the proposed project on the eastern and southern sides. Several hundred surrounding homeowners will be impacted as well. Other Temecula residents currently needing to use the Rancho California corridor will also feel the consequences of Temecula Villages. Correct planning is essential to benefit residents, developer, and the city. Our concerns address several issues. Plans for Temecula Villages show apartments blocking view sheds of single home residents along the eastern border. Commercial buildings are 10 feetfrom the fence line of Cosmic Dr. residences. Parking lots are visible from Rancho California Road. No Buffer exists between residential and commercial. Commercial buildings and apartments are not the proper transitional structures to single home neighbClrhoods. Layout of commercial structures does not encourage a sense of community. Another stop light on Rancho California road at the Porto fino Apartments will be a necessity'not an amenity if traffic is to gain access to businesses in Temecula Villages. Commercial buildings will add to the volume of noise, light, and traffic in our neighborhoods. , The current Temecula Villages project is in violation of the General Plan and places neighborhoods in direct conflict with developers. Noted violations of the General Plan are included in the following document. Planning still has the ability to remedy the current violations and provide a long term, beneficial situation to all residents, developer, and the city of Temecula. Sincerely, <f~~tfV/ Scott Hanson, President Starlight Ridge North Homeowners Association f),~ d Crk- Burlie Cole, President Alta Vista Homeowners Association C ar Cegley, The Villages Homeowners Association 1-29-2002 I~~ @ ~ 0 w ~ nil 1 u; 11 I I~ FEB 202002 III ur Ilj/ E~_ U --- Temecula City Planning Commission 43174 Business Park Drive Temecula, CA 92591 Dear Planning Commission, Alta Vista, Starlight Ridge North, Starlight Ridge South and the Villages homeowners associations are very disappointed in the design acceptance and handling of matters regarding the Temecula Village project. The first neighborhood meeting regarding this project was held about a year ago and brought great neighborhood opposition to more apartments and a potential up zoning to commercial in this area. Notes were made by Dave Hogan regarding citizens expectations and the project was to be redesigned to meet land use compatibility issues. A recent neighborhood meeting was held. The project concept did not change from a year ago and the advertised meeting notice sent out by mail to impacted residences identified the wrong day for the meeting. This has not allowed a group of impacted residents opportunity to voice their concerns. However, this letter is meant to do so. This project directly impacts 21 homes on the eastern and southern borders. Impact creates a ripple effect through all homeowners associations as like properties become a comparable. This project violates zoning consistency requirements, land use compatibility requirements, CEQA requirements, transitional density requirements, growth management requirements, noise requirements, traffic impact requirements, air quality requirements, basic design standards and multiple general planning guidelines as out lined in the City General Plan. \ It was clearly stated at both community meetings by the developer and Planning that owners view sheds would not be obstructed and that roof tops would never be above the existing ridge line. After reviewing the grading, plot and site plans, it clearly shows that roof lines are well above the existing ridge line and between 15-30 feet of building will be blocking view sheds of houses along the easterly border of this project. This is a direct violation of chapter 10 of the General Plan and ruins our quality of life. after purchasing our homes. Proiect Background and Violations of the General Plan If you drive around Temecula and look at structures within the "M" zoning designation, with the exception of the inappropriately passed Temecula Ridge Apartment complex, ' you will see the new Richmond and Ryland single family home developments as well as the other completed single family home developments of California Summit, 1 Country Glen and La Serena. These projects are consistent in housing type, old or new, and live up to the General Plan guidelines for zoning consistency requirements as required by law. It is ordered by the State that day to day actions by the City be ,consistent. If personal judgment of a planner is outside of what is consistently built within the City, then it is wrong. A developer suggesting incompatible land use that is not consistent with other structure types within a zoning designation is wrong. The General Plan calls for "transitional density, transitional structure types, open buffers and protection to surrounding single family homes". The land use element ensures a quality of life to the citizens of Temecula. Land use goals emphasize compatibility. The community has expressed a desire for lower densities with an adopted Growth Management Plan. Due to single family homes being classified as a sensitive receptor, commercial and apartments fail to meet land use compatibility issues and produce an overall negative impact in terms of light pollution, noise pollution, traffic pollution, and undesirable visual effects as defined in the Land Use Element. Apartments fall short of meeting Goal 3 of chapter 2 that requires planning "to protect and enhance residential neighborhoods". The size, bulk and out-of-scale configuration of this project violates policies 3.1,3.2 and 3.3 of this element. These policies clearly protect single family homes from apartments and commercial developments. Goal 4 of the land use element says "to preserve and enhance the environmental resources of the study area. This includes retaining open space, natural landscape, enforcement of hillside grading standards, habitat conservation and trail system development". Chapter 3 of the General Plan strives to "maintain a traffic level better than Service Level D during peak hours and better that Service Level C du'ring non peak hours". Policies 1.1 - 1.5 will not be met with up zoning and increased density. Failure to update and implement traffic studies per our General Plan is wrong, clouds planning decisions and ultimately hurts the community. Chapter 4 of the General Plan wants to "conserve" existing housing and remain "responsive to the unique concerns of the community". The City has the opportunity and power to do so rather than to let a developer dictate a land use. Chapter 50f the General Plan states that "open space is one of the key features that defines the character of Temecula and contributes to the quality of life that residents want to maintain. Open space performs a multitude of functions that are beneficial to the community. Open space functions to: provide for outdoor recreation areas; protect view sheds; preserve important natural resources; provide flood control; protect public health and safety; and establish buffers between incompatible land uses". Goal 1 states that "It is important that land use and development decisions capitalize on and maintain the natural assets of a given location. The preservation of the remaining 2 hillsides and ridge lines of the city and'of the surrounding area is important to many residents and results in a more enjoyable and satisfying urban environment. The transition between the urbanized areas and rural areas is particularly important in creating a cohesive image of the community. There is a need for hillside development standards that encourage innovative site and building design to enhance the visual quality of development and preserves significant natural features or special habitat areas. The city also has the opportunity to create a positive urban design element with enhancement and linkage between its parks, water features and other open space lands". Chapter 6 of the General Plan states "properly designed and implemented, a comprehensive growth management program provides a framework that will enable Temecula to balance and accommodated diverse and competing interests, WHILE ENSURING THE QUALITY OF LIFE EXPECTED BY THE CITIZENS OF THE COMMUNITY". Chapter 8 of the General Plan states that "It is intended that the noise exposure information developed for the Noise Element be incorporated into the General Plan to serve as a basis for achieving land use compatibility. It is also intended that noise exposure information be used to provide BASELINE information" . "Noise sensitive land uses include, but are not limited to residences, schools, libraries, hospitals and churches These typify land uses where suitability is restricted by intrusive noises". "Many jurisdictions consider residential uses particularly noise sensitive because families and individuals expect to use time in the home for rest and relaxation, and intrusive noise can interfere with those activities. Single family uses are frequently considered the most sensitive". This sensitivity to noise is reflected in the guidelines for acceptability provided in Figure 8-1 of the General Plan. Noise measurements were taken during a typical week day at 19 locations throughout the City of Temecula. Noise levels exceeded the 65 CNEL criteria at seven of the nineteen locations. Six of these locations are noise sensitive receptors. One site location was from Cosmic Drive at a house 5 feet above grade. The noise level was 66.8 CNEL. This was a baseline test in 1993. Chapter 8 states that "the 65CNEL is generally considered the maximum exterior level acceptable for these uses". If a residence fronts along a roadway, the noise exposure in this area would be considered excessive. Goal 1 of chapter 8 wants "land use planning that provides for the separation ,of significant noise generators from sensitive receptor areas. Proper planning will ensure that sensitive receptors are not impacted by noise hazards by locating these land uses distant from each other". Policy 1.1 "discourages noise sensitive land uses in noisy exterior environments". Policy 1.8 says "to minimize noise conflicts between land uses". Goal 2 of chapter 8 wants the "control of noise between land uses". Policy 2.1 "limits 3 the maximum permitted noise levels which cross property lines and impact adjacent land uses". Goal 3 says to "consider noise issues in the planning process. Noise issues should always be considered during the planning process so that needed measures are incorporated in design and location of land uses", Policy 3.4 says to "evaluate potential noise conflicts for individual sites and projects". Goal 4 says to "minimize noise impacts from transportation noise sources", Policy 4.1 says to "develop a program to construct barriers to mitigate sound levels where necessary or where feasible to ensure the peace and quiet of the community". Goal 1 of chapter 9 wants "the improvement of air quality through proper land use planning in Temecula". Policy 1.3 says "to minimize land use conflicts between . , emission sources and sensitive receptors". Policy 1.4 says "to reduce air pollution emissions by mitigating air quality impacts associated with development projects to the greatest extent feasible". Chapter 9, under land use, says "to locate sensitive receptors" away from major air pollution sources and require full buffering of sensitive receptors from air pollution sources through the use of landscaping, open space and other separation techniques". Chapter 10 of the General Plan states that "the goals, policies, and design concepts of the community design element are an integral part of all the elements of the General Plan. Community design objectives contribute to how we perceive the community, what we experience and those characteristics that we want to preserve. Temecula has a rich tradition and an outstanding natural environmental setting, New development can enhance this character or it can destroy it. Through effective community design and land planning, the important spatial considerations for the land use; circulation patterns and the details of design can be directed into the most effective and beneficial community design for the City". Goals and policies of Chapter 10 state that "many residents are concerned about the height and bulk of recently constructed structures in the City. Standards need to be carefully developed for the Development Code to achieve a scale of development that is in balance with the surrounding area". Policy 2,1 says "to establish a'nd consistently apply design standards and guidelines for residential and non-residential development". Policy 2.2 says "to promote a cohesive and integrated pattern of development for large undeveloped areas", Policy 2.3 says "to provide development standards to ensure higher quality design that is well integrated", POlicy 2.5 says "to Limit light I glare pollution", Goal 3 of chapter 10 says wants "preservation and enhancement of the positive qualities of individual districts or neighborhoods. While there is a major concern about the overall city-wide character of Temecula, it is also important to preserve and ehhance the character and identity of the neighborhood areas or special districts of the community. Of oarticular imoortance. is the oreservation of the character for the sinale familv neighborhoods and their orotection from intrusions from buildinas that are "out of scale". incomoatible land uses and 4 excessive vehicular traffic". Policv 3.2 savs "to preserve the scale and character of residential develooment by creatinq aooropriate transitions between lower densitv. rural areas. and hiaher density development". Goal 5 of chapter 10 wants the "protection of public views of significant natural features. One of Temecula's most important resources is its environmental setting. The community desires to protect and enhance the views to these natural features.. Policy 5.1 says to "work with the County of Riverside to protect the surrounding hillside areas". Chapter 10 states that "hillside design should result in minimal disturbance of the natural terrain and vegetation". Chapter 10 states that "the compatibility between the character of existing single family neighborhoods and adjacent proposed projects is also an important consideration within the community. Key considerations in the planning and design of projects adjacent to existing single family neighborhoods includes the following : 1. Proposed land use densities should provide a density transition or buffer to improve compatibility with adjacent neighborhoods. 2. Proposed projects should be designed in terms of height, architectural style, bulk, location of parking and vehicular and non- vehicular access, to be compatible with surrounding neighborhoods". When we became a General Law City, inappropriate up zoning and mistakes by the county should have been changed. A City has the power to do so. We became a City to make our community a better place. The General Plan states that "a potentially effective tool that will be examined is the feasibility of a TRANSFER OF , DEVELOPMENT RIGHTS (TOR) PROGRAM. This is a critical component of the General Management Plan due to the significance of the resources to the long-term quality of life within the community. Prior to incorporation, the City experienced a , severe loss of open space, and shortage of parks and recreation facilities due to deficient park planning. Repetition of this situation, as Temecula continues to grow, can be avoided through proactive growth management planning". Conclusions On February 8th, 2001, Planning should have stated to the developer that commercial and more apartments were not acceptable for this area. With proper ground rules from planning regarding proper transitional structure type and density, the MJW Property Group could choose not to purchase this property for their project design. The developer could then choose to move on to another piece of land or offer the correct product for the neighborhood. Planning has again failed to eliminate conflict between the development and the adjoining neighborhoods. 5 All "H" or high density apartment zones are "built out" except for a redevelopment area in Old Town. Planning "build out" should simply mean "no more". To up zone this area at the expense of an entire neighborhood to benefit a developers pocket book is wrong. To place apartments next to single family homes is poor planning and wrong according to the General Plan. A summary and preponderance of evidence from the General Plan stating why this project is wrong for this area is enclosed. This raw land, although up zoned "M" and "PO" from a hillside residential density horse ranch, is currently a proper buffer for the single family homes of the Starlight Ridge and Alta Vista Tracts. By description, this includes steep terrain, natural watercourses, natural coastal sage vegetation and natural habitat. The uniqueness of this property makes it impossible to mitigate the damages of another apartment project and commercial uses in this area. The General Plan states that all chapters of the General Plan are equal in stature and weight equally when considering a projects' land use. One chapter cannot be mitigated over another because it is against Government Code Sections 65860 and 65567 to do so. In review of the General Plan, we find that the Temecula Village project violates 9 chapters of the General Plan in concepts, goals and policies. In doing so, this project violates California State laws and Government Codes governing our General Law City. We also feel that the Temecula Village Apartments do not meet the goals of the Growth Management Plan and should not be allowed increased density over 7 units per acre. Apartments or commercial can never enhance the design or character of a single family neighborhood. Close proximity, high density, extreme height or bulk, out.of- scale buildings, light or glare pollution, noise pollution, air pollution, blocked views or unsightly views of large buildings next toa single family home development make the single family homes unattractive to potential buyers and unlivable for the occupants. Privacy of a single family home is so obviously disturbed that a potential buyer may not purchase the home if it was offered for sale. This devalues a long term investment for the Citizens and hurts them financially. If homes in a tract are devalued then all of the tract is devalued due to comparable sales of like kind and quality of home. This creates a ripple affect lowerina all values in the tract and ultimatelv lowerin9 the City's tax base. An example of a City on the verge of bankruptcy due to the erosion of the property value base due to an overabundance of apartments is the City of Upland. You should speak with them about the mistakes that they made by giving developers what they want. Obvious effects to the quality of life include increased gridlock past level "0" , overcrowded schools and a potential for increased crime. High density without the proper infrastructure or facilities only hurts a community. The increased density of this project will increase the cost to maintain the City services in this area. Approving high density projects of any kind before new schools can be built only worsens our current condition of overcrowded schools and hurts our children. Our City has grown very 6 rapidly and the schools claim that they cannot keep up with the educational demands placed on them. By passing the Temecula Village Apartments, the developer has not ensured the quality of life expected by the citizens of the community. Temecula Village will create a total of 400 new families in this area in conjunction with Temecula Ridge. Commercial traffic will add significantly more trips on top of the residential trips in this immediate area. Logically, a few thousand additional car trips between Cosmic and Moraga per day added to the current traffic levels is not in the best interests of the City or the neighboring tracts. The General Plan is very clear about noise and the effects on single family homes. , Land use and type of structure is highly stressed in chapter 8 of the General Plan. The 65 CNEL level was exceeded in this general area and corridor in 1993 as stated in the General Plan baseline data and can only be higher in 2002. Increased housing density makes noise intolerable in this general area. The noise study submitted by the Temecula Ridge Apartment Project is highly suspect. Highly suspect because the level stated was lower than the baseline study at Cosmic Drive in 1993. How can this be? We suspect that the same study was used for Temecula Village. General Plan traffic data is supposed to be updated every 3 years as stated in the enclosed excerpts for review. Citizens would like to have a current independent noise study done in this area as well as the other areas stated in the General Plan. New studies would probably yield this whole area unsuitable for residential units. The Temecula Village project fails to meet guidelines of the Design Element of the General Plan. Commercial and apartments are not how the citizens of Temecula perceive our community. The City markets Temecula with a picture of rural residential rather than a picture of an apartment complex. Why is that? Commercial and apartments show no spatial considerations for land use. Commercial and apartments, by nature, are never really compatible with single family homes and not intended to be due to the many reasons stated iri the General Plan. The developer did not own the land at the time. Responsibility went to the Planning Department to discourage the project due to land use compatibility issues and should have ensured the right product for the neighborhood. At the time, Dave Hogan stated a great concern over not creating impact to adjoining single family homes and promised citizens no impact to their adjoining neighborhoods. In a neighborhood meeting approximately a year ago regarding Temecula Ridge, citizens asked about T emecula Village and Dave Hogan denied the existence of an application or what was actually being planned for this area. Based on the concerns at the Kading meeting, Mr. Kading told us that he wished that he owned the Temecula Village project land so that he could fully develop the area into a compatible as well as suitable project to not impact himself as well as the other neighborhoods. Citizens asked him if he owned the land if a medium density project like a Ryland or Richmond project would economically work to protect our single family homes. He said yes and then stated that he did not own the land. 7 We want the City to choose the right type of structure and land use for this area. Citizens feel that the proper Land use in this area is single family or single family detached condominiums such as the Ryland or Richmond projects in order to preserve the property values of the existing single family homes with ownership as well as to mitigate all other issues. We ask that you reject this project as proposed. We expect the City to follow the guidelines of the General Plan. The Citizens of Temecula have the right to maintain their quality of life as this is provided for them in the City General Plan iffollowed. The City Planning Department is chartered to protect the Citizens of T emecula and have failed to do so regarding this particular land use. It is important that this information be a part of the public record. If our property values diminish over time, potential class action litigation mayor may not arise based on your final decisions. Please choose to protect our quality of life and property values. Sincerely, A~~ Scott Hanson, President Starlight Ridge Homeowners Association ~.(..1': cI C~ Burlie Cole, President Alta Vista Homeowners Association cc Susan Jones, City Clerk Sam Pratt, City Council Mike Naggar, City Council Jeff Comerchero, City Council Ron Roberts, City Council Jeff Stone, City Council Dennis Chiniaeff, Planning Commission Ron Guerriero, Planning Commission David Mathewson, Planning Commission John Telesio, Planning Commission Mary Jane Ohlasso, Planning Commission Debbie Ubnoske, Director of Planning Dave Hogan, City Planning Department Rolfe Preisendanz, Planning 8 TEMECULA MEETING CITY PLANNING~MMISSION JANUARY 14th 2002 AT 7 P.M. . We the undersigned residents/homeowners of Starlight Ridge directly impdted by the proposed change in zoning, are vehemently opposing the change to Retail zoning,plaKned for this property,if granted this chan- ge will lower the property values in our area by at least JO%. We respectfully ask to not validate this zoning change....., Homeowners .-Jacob. J .Hes - Charlotte Me Donald Mike and Terry Nagy _ Bob, and Denise Grimsey - Carmella Last~~ --Billand Billy Chamberlain ~edrick and Laura Sadler ~~im and Lisa Fuller - Darrel and Jackiee St.illman __Giovanni Calabresa 'J0275 J0291 JOJ05 JOJ21 JOJJ6 JOJJO J0290, J0260 ~ .------ '. L~ne ~~~~ " //7/:<$/:h)-s /~ ?cat#- Nebula " " " " " " Y>v-- " " 42050 42059 Cosmic " , ~ ( SUPPLEMENTAL MATERIAL PUBLIC HEARING Agenda Item No. 15 September 17, 2002 _,.c":":":'.' CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: City Council\Cit;'t.l~mJger Debbie Ubnos~ ~j;:'ector of Planning September 17, 2002 PAOO-0140 Temecula Village - Site Sections Please find attached to this memorandum site sections for the Temecula Village project. 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