HomeMy WebLinkAbout011105 CC Agenda
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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
JANUARY 11, 2005 - 7:00 P.M.
/
At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items
can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which
additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M.
6:00 P.M. - Closed Session of the City Council pursuant to Government Code
Sections:
1. Conference with City Attorney and legal counsel pursuant to Government
Code Section 54957.6 with respect to labor negotiations. The negotiating
parties are the City of Temecula and California Teamsters Local 911. City
negotiators are Shawn Nelson, Jim O'Grady, and Grant Yates.
2. Conference with City Attorney and legal counsel pursuant to Government
Code Section 54956.9 with respect to six matters of existing litigation
involving the City. The following cases will be discussed: 1) City of Temecula
v. KIR Temecula, L.P., a California Limited Partnership, et al. - Riverside
County Superior Court Case No. RIC 401200; '2) City of Temecula v. EHG
Associates, a California General Partnership, et al. - Riverside County
Superior Court Case No. RIC 401208; 3) City of Temecula v. Taco Bell
Corporation, a California Corporation, et al. - Riverside County Superior Court
Case No. RIC 401211; 4) City of Temecula v. Sansom, et al. - Riverside County
Superior Court Case No. RIC 401218; 5) City of Temecula v. Ellis-Faerber
Medical Building, LLC, et al. - Riverside County Superior Court Case No. RIC
401224; and 6) City of Temecula v. D'Angelo, Trustee, etc., et al. - Riverside
County Superior Court Case No. RIC 401227.
3. Conference with City Attorney and legal counsel pursuant to Government
Code Section 54956.9(a) with respect to one matter of existing litigation
involving the City. The following cases will be discussed: 1. City of Temecula
v. County of Riverside (RCIP litigation - Riverside County Superior Court
Case No. 402766).
Public Information concerning existing litigation between the City and various
parties may be acquired by reviewing the public documents held by the City
Clerk.
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Next in Order:
Ordinance: No. 2005-01
Resolution: No. 2005-01
CALL TO ORDER:
Mayor Jeff Comerchero
Prelude Music:
JoAnn Algier
Invocation:
Pastor Randy Ponder of Lamb of Life
Flag Salute:
Councilman Naggar
ROLL CALL:
Naggar, Roberts, Washington, Comerchero
PRESENT ATIONS/PROCLAMATIONS
Report on the Spark of Love Toy Drive
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 iisted on the Consent Calendar or a matter not listed on the agenda, a
pink "Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all Public Hearing or Council Business matters on the agenda, a "Request to
Speak" form must be filed with the City Clerk prior to the Council addressing that item.
There is a five (5) minute time iimit 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.
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2 Minutes
RECOMMENDATION:
2.1 Approve the minutes of November 23, 2004;
2.2 Approve the minutes of December 7, 2004;
2.3 Approve the minutes of December 14, 2004.
3 Resolution approvina List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 05-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
4 City Treasurer's Report
RECOMMENDATION:
4.1 Receive and file the City Treasurer's Report as of November 30, 2004.
5 Community Development Block Grant Application Proposals for Fiscal Year 2005/06
RECOMMENDATION:
5.1 Approve the Community Development Block Grant (CDBG) funding
recommendation from the Finance Committee and staff;
5.2 Authorize the Director of Finance to execute Sub-Recipient Agreements and to
reprogram CDBG funds in accordance with the current budget resolution for general
administration of the Fiscal Year 2005-06 Community Development Biock Grant
Funds.
6 Parcel Map No. 31751 (located on the southeast side of County Center Drive -
approximatelY 850 feet east of Ynez Road)
RECOMMENDATION:
6.1 Approve Parcel Map No. 31751 in conformance with the conditions of approval;
6.2 Approve the Subdivision Monument Agreement and accept the Monument Bond as
security for the agreement.
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7 Parcel Map No. 31724 (located south of Overland Drive. east of Ynez Road. west of
Maraarita Road. beina a subdivision of parcel no. 1 as shown by Tract Map No. 30107
RECOMMENDATION:
7.1 Approve Parcel Map No. 31724 in conformance with the conditions of approval;
7.2 Approve the Subdivision Monument Agreement and accept the Certificate of
Deposit for Monuments as security for the agreements.
8 Completion and Acceptance of Citywide Concrete Repairs FY2003/2004 - Proiect No.
PW04-11
RECOMMENDATION:
8.1 Accept the Citywide Concrete Repairs FY2003-2004 - Project No. PW04-11 as
complete;
8.2 File a Notice of Completion, release the Performance Bond, and accept a one-year
Maintenance Bond in the amount of 10% of the contract;
8.3 Release the Materials and Labor Bond seven months after fiiing of the Notice of
Completion if no liens have been filed.
9 Authorize Temporary Street Closures for Good Old Oavs Car Show 2005 Event in Old
Town (Old Town Front Street. between Moreno Road and Second Street and other
related streets)
RECOMMENDATION:
9.1 Adopt a resolution entitled:
RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AUTHORIZING STREET
CLOSURES FOR OLD TOWN FRONT STREET AND
ABUTTING STREETS FROM SECOND STREET TO MORENO
DRIVE EAST FOR THE GOLD OLD DAYS CAR SHOW 2005
EVENT ON FEBRUARY 25, 26, AND 27, 2005 AND
AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT
FOR THIS SPECIFIC SPECIAL EVENT
10 Pauba Road Improvements - Phase II - Proiect No. PWOO-09 - Approval of the Plans
and Specifications and Solicitation of Construction Bids
RECOMMENDATION:
10.1 Approve the Construction Plans and Specifications and authorize the Department of
Public Works to solicit construction bids for Project No. PWOO-09 - Pauba Road
Improvements - Phase II.
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11 Amendment NO.2 to Professional Services Aareement with Vali Cooper & Associates.
Inc. for Inspection Services for various CIP Proiects
RECOMMENDATION:
11.1 Approve Amendment NO.2 to the agreement with Vali Cooper & Associates, Inc. to
provide professional inspection serYices in an amount not to exceed $45,000.00 and
authorize the Mayor to execute the agreement.
12 State Route 79 Relinauishment
RECOMMENDATION:
12.1 Adopt a resolution entitled:
RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA REQUESTING CONSIDERATION FROM THE
CALIFORNIA TRANSPORTATION COMMISSION (CTC) TO
PROCEED WITH THE PHYSICAL RELINQUISHMENT OF
STATE ROUTE 79 (SR 79) AND DEFERMENT OF THE
NEGOTIATED PAYMENT IDENTIFIED IN COOPERATIVE
AGREEMENT NO. 8-1258 TO A LATER DATE, AS
DETERMINED BY THE AVAILABILITY OF STATE FUNDING
13 Temecula Lodaina. LLC - Median Reimbursement Aareement
RECOMMENDATION:
13.1 Approve the Temecula Lodging, LLC, Median Reimbursement Agreement between
the City of Temecula and Temecula Lodging, LLC, in the amount of $163,255.94
and authorize the Mayor to execute the agreement.
14 Renovation of the Swimmina Pool at Temecula Elementary School
RECOMMENDATION:
14.1 Approve renovations to the Temecula Elementary School (TES) Swimming Pool in
the amount of $142,500 as a FY 20004/05 Capital Project;
14.2 Approve the transfer of appropriations in the amount of $67,500 from the Dog Park
to the TES Pool Project;
14.3 Approve the transfer of appropriations in the amount of $75,000 from the Skate Park
Drainage Project to the TES Pool Project;
14.4 Authorize the release of a formal public bid for the Temecula Elementary School
Swimming Pool Improvement Project.
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15 Emeraency Expenditure - Murrieta Creek
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA RATIFYING EMERGENCY EXPENDITURES FOR
THE RESTORATION OF PORTIONS OF THE COMMUNITY
THEATER AND CHILDREN'S MUSEUM SITES CAUSED BY
STORM WATER AND AUTHORIZING EXPENDITURES FOR
THE IMMEDIATE CONSTRUCTION OF IMPROVEMENTS TO
THE SITE TO PREVENT FURTHER DAMAGE DURING THE
RAINY SEASON
15.2 Approve a contract with Road Builders, Inc. in the amount of $125,000 to provide
the necessary emergency repairs and authorize the City Manager to execute the
contract;
15.3 Appropriate $125,000 from the City's General Fund Designated Fund Balance for
Flood Control.
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RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT,
THE CITY OF TEMECULA REDEVELOPMENT AGENCY,
AND,
THE TEMECULA PUBLIC FINANCING AUTHORITY
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TEMECULACOMMUNITY SERVICES DISTRICT MEETING
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Next in Order:
Ordinance: No. CSD 2005-01
Resolution: No. CSD 2005-01
CALL TO ORDER: President Chuck Washington
ROLL CALL:
DIRECTORS:
Comerchero, Naggar, Roberts, Washington
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 December 14, 2004.
DIRECTOR OF COMMUNITY SERVICES REPORT
GENERAL MANAGER'S REPORT
BOARD OF DIRECTORS' REPORTS
ADJOURNMENT
Next regular meeting: Tuesday, January 25, 2005, 7:00 PM, City Council Chambers, 43200
Business Park Drive, Temecula, California.
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TEMECULA REDEVELOPMENT AGENCY MEETING
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Next in Order:
Ordinance: No. RDA 2005-01
Resolution: No. RDA 2005-01
CALL TO ORDER: Chairperson Ron Roberts
ROLL CALL
AGENCY MEMBERS: Comerchero, Naggar, Washington, Roberts
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the
Redevelopment Agency on items that are not listed on the agenda or on the Consent
Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the
Board of Directors on an item not on the agenda or on the Consent Calendar, a pink
"Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please
come forward and state your name and address for the record.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of December 14, 2004.
EXECUTIVE DIRECTOR'S REPORT
AGENCY MEMBERS' REPORTS
ADJOURNMENT
Next regular meeting: Tuesday, January 25, 2005, City Council Chambers, 43200 Business Park
Drive, Temecula, California.
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TEMECULA PUBLIC FINANCING AUTHORITY
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Next in Order:
Ordinance: No. TPFA 2005-01
Resolution: No. TPFA 2005-01
CALL TO ORDER: Chairperson Jeff Comerchero
ROLL CALL:
AGENCY MEMBERS:
Naggar, Roberts, Washington, and Comerchero
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 your name and address for the record.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of December 7, 2004
RECONVENE THE CITY COUNCIL AND THE COMMUNITY SERVICES DISTRICT
JOINT CITY COUNCIL. TEMECULA PUBLIC FINANCING AUTHORITY, AND COMMUNITY
SERVICES DISTRICT PUBLIC HEARING
Any person may submit written comments to the City Council, Temecula Public
Financing Authority, and the Community Services District 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.
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2 Formation of Temecula Public Financina Authority Community Facilities District No. 03-
02 (Roripauah Ranch)
RECOMMENDATION:
2.1 That the City Council hold a public hearing regarding the proposed bond
financing by the Temecula Public Financing Authority Community Facilities
District No. 03-02 (Roripaugh Ranch) of various public improvements;
2.2 That the City Council adopt a resolution entitled:
RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA MAKING FINDINGS WITH RESPECT TO AND
APPROVING THE ISSUANCE OF BONDS BY THE TEMECULA
PUBLIC FINANCING AUTHORITY - RORIPAUGH RANCH 03-
02
2.3 That the City Council adopt a resolution entitled:
RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING JOINT COMMUNITY FACILITIES
AGREEMENTS RELATING TO THE FINANCING OF PUBLIC
IMPROVEMENTS AND IMPLEMENTATION OF ACQUISITION
AGREEMENT, AND APPROVING MAINTENANCE
AGREEMENT FOR LONG VALLEY WASH RECREATIONAL
TRAILS - RORIPAUGH RANCH
2.4 That the Temecula Community Services District adopt a resolution entitled:
RESOLUTION NO. CSD NO. OS-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT APPROVING
JOINT COMMUNITY FACILITIES AGREEMENT RELATING TO
THE FINANCING OF PUBLIC IMPROVEMENTS - RORIPAUGH
RANCH
2.5 That the Public Financing authority hold the continued public hearings regarding
the formation of the proposed Temecula Public Financing Authority Community
Facilities District No. 03-02 (Roripaugh Ranch - the CFD), the levy of special
taxes in the CFD, and the issuance of bonds by the Public Financing Authority for
the CFD;
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2.6 That the Temecula Public Financing Authority adopt a resolution entitled:
RESOLUTION NO. TPFA 05-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY OF
FORMATION OF TEMECULA PUBLIC FINANCING
AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02
(RORIPAUGH RANCH), AUTHORIZING THE LEVY OF A
SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY
ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE
DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX
AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT
TO THE QUALIFIED ELECTORS OF THE DISTRICT
2.7 That the Temecula Public Financing Authority adopt a resolution entitled:
RESOLUTION NO. TPFA OS-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY DETERMINING
THE NECESSITY TO INCUR BONDED INDEBTEDNESS
WITHIN TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH
RANCH) AND SUBMITTING PROPOSITION TO THE
QUALIFIED ELECTORS OF THE DISTRICT
2.8 That the Temecula Public Financing Authority adopt a resolution entitled:
RESOLUTION NO. TPFA 05-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY CALLING
SPECIAL ELECTION WITHIN COMMUNITY FACILITIES
DISTRICT NO. 03-02 (RORIPAUGH RANCH)
2.9 That the Public Financing Authority hold an election regarding the CFD;
2.10 That the Temecula Public Financing Authority adopt a resolution entitled:
RESOLUTION NO. TPFA OS-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY DECLARING
RESULTS OF SPECIAL ELECTION AND DIRECTING
RECORDING OF NOTICE OF SPECIAL TAX LIEN -
RORIPAUGH RANCH 03-02
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2.11 That the Temecula Public Financing Authority introduce and read by title only an
ordinance entitled:
ORDINANCE NO. TPFA OS-_
AN ORDINANCE OF THE TEMECULA PUBLIC FINANCING
AUTHORITY LEVYING SPECIAL TAXES WITHIN TEMECULA
PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES
DISTRICT NO. 03-02 (RORIPAUGH RANCH)
ADJOURN THE COMMUNITY SERVICES DISTRICT AND RECESS THE CITY COUNCIL.
EXECUTIVE DIRECTOR'S REPORT
BOARD MEMBERS' REPORTS
ADJOURNMENT
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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.
16 Amendments to TUMF Ordinance
RECOMMENDATION:
16.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. OS-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 15.08, SECTION 4(A);
SECTION 6(B), AND SECTION 11 OF THE TEMECULA
MUNICIPAL CODE, AND ALLOWING FOR FUTURE FEE
ADJUSTMENTS TO BE ESTABLISHED BY RESOLUTION
(TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM)
17 Plannina Application for a Specific Plan Amendment to the Maraarita Villaae Specific Plan
(SP-3 - PA04-0486)
RECOMMENDATION:
17.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. OS-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE EXT WITHIN THE MARGARITA
VILLAGE SPECIFIC PLAN (SP-3) ZONING ORDINANCE FOR
PLANNING AREA 46 TO ALLOW NO MINIMUM BUILDING
SETBACK REQUIREMENT FROM ADJOINING PROPERTY
LINES WITHIN PLANNING AREA 46 AS LONG AS THE
ADJACENT PROPERTY IS USED SOLELY FOR RECREATION,
OPEN SPACE, OR PARKING PURPOSES (PA04-0486)
18 Roripauah Ranch Specific Plan Amendment - PA04-0370: General Plan Amendment-
PA04-0371: Specific Plan Amendment - PA04-0369: Tentative Tract Map No. 32004:
Amendment to Development Aareement - PA04-0590
RECOMMENDATION:
18.1 Adopt a resolution entitled:
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RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A GENERAL PLAN AMENDMENT TO
CHANGE THE LAND USE DESIGNATION OF PLANNING
AREA 7B IN THE RORIPAUGH RANCH SPECIFIC PLAN FROM
OPEN SPACE (OS) TO LOW MEDIUM RESIDENTIAL (LM),
AND CHANGE THE LAND USE DESIGNATION OF PLANNING
AREA 10 FROM LOW RESIDENTIAL (L) TO LOW ESTATE
RESIDENTIAL (L-E) - LOCATED NEAR THE FUTURE
INTERSECTION OF MURRIETA HOT SPRINGS ROAD AND
POURROY ROAD (PA04-0370)
18.2 Adopt a resolution entitled:
RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA04-0371 (SPECIFIC PLAN AMENDMENT) TO CHANGE THE
LAND USE DESIGNATIONS OF PLANNING AREA 7B FROM
OPEN SPACE (OS) TO LOW MEDIUM RESIDENTIAL (LM),
CHANGE THE LAND USE DESIGNATION OF PLANNING
AREA 10 FROM LOW RESIDENTIAL (L) TO LOW-ESTATE
RESIDENTIAL (L-E), MODIFY THE FUEL MODIFICATION
ZONE BOUNDARY, ADD ADDITIONAL DEVELOPMENT
STANDARDS FOR ACCESSORY STRUCTURES, AMEND THE
DESCRIPTION SUMMARIES OF PLANNING AREAS 1 A, 7B,
10, 12, AND 27, REVISE THE DESIGN GUIDELINES, AND
MAKE OTHER MINOR TEXT CHANGES TO THE RORIPAUGH
RANCH SPECIFIC PLAN (PA04-0371)
18.3 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. OS-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA04-0371 (SPECIFIC PLAN AMENDMENT) TO AMEND THE
RESIDENTIAL DEVELOPMENT STANDARDS OF THE
RORIPAUGH RANCH SPECIFIC PLAN TO INCLUDE A LOW-
ESTATE ZONE, AND ADD DEVELOPMENT STANDARDS FOR
ACCESSORY STRUCTURES, GARAGES, AND
ENCROACHMENTS INTO YARD AREAS (PA04-0371)
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18.4 Adopt a resolution entitled:
RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA04-0369 (TENTATIVE TRACT MAP 32004) TO CREATE SIX
ADDITIONAL LOTS AND MODIFY THE CONFIGURATION OF A
TOTAL OF 18 LOTS IN PLANNING AREA 1A TO
ACCOMMODATE THE EXTENSION OF A CUL-DE-SAC,
LOCATED NEAR THE INTERSECTION OF MURRIETA HOT
SPRINGS ROAD AND POURROY ROAD (PA04-0369)
18.5 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. OS-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE FIRST AMENDMENT TO THE
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY
OF TEMECULA AND ASHBY USA, LLC FOR THE RORIPAUGH
RANCH SPECIFIC PLAN (PA04-05090)
COUNCIL BUSINESS
19 Council Vacancy created by the election of Jeff Stone to Riverside County Board of
Supervisors
RECOMMENDATION:
19.1 Provide direction to staff regarding filling of Council vacancy.
20 Selection of City Council Committee Assianments
RECOMMENDATION:
20.1 Appoint a member of the City Council to serve as liaison to each of the City
Commissions and Committees:
Commission Liaison (One Member)
Community Services Commission
Old Town Local Review Board
Old Town Redevelopment Advisory Committee
Planning Commission
Public/Traffic Safety Commission
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20.2 Appoint two members of the City Council to serve on each of the following Advisory
Committees:
Advisorv Committees (Two Members)
Community Service Funding Ad Hoc Committee
Economic Development/Oid Town Steering Committee
Finance Committee
Joint City Council/TVUSD Committee
Library Task Force
Old Town Temecula Community Theater Ad Hoc Committee/Theater Advisory
Committee
Public Works/Facilities Committee
20.3 Appoint member(s) of the City Council to serve on each of the following external
committees:
Representative AssiQnments (External Organizations)
Animal Friends Liaison/JPA Representative
French Valley Airport Committee
League of Calif. Congress - 2005 Voting Delegates
Murrieta Creek Advisory Board
National League of Cities Annual Congress - 2005 Voting Delegate
Pechanga Tribal Council Liaison
Riverside County Habitat Conservation Agency (adYisory only)
Riverside County Transportation Commission
Riverside Transit Agency Representative
Temecula Sister City Corporation Board of Directors
Trails Master Plan Development Committee
WRCOG/RCA Representative
20.4 Appoint member(s) of the City Council to serve on each of the following Council
Subcommittees:
Council Subcommittees
Cable Franchise Renewal Committee
Campus Project Ad Hoc Council Subcommittee
Children's Museum Ad Hoc Subcommittee
Electrical Needs Ad Hoc Subcommittee
Old Town Civic Center Ad Hoc Subcommittee
Open Space Subcommittee
Ronald Reagan Sports Park Ad Hoc Subcommittee
SAF-T NET Subcommittee
Technology Ad Hoc Subcommittee
Telecommunications Subcommittee
Temecula Hospital Ad Hoc Subcommittee
Temecula/Murrieta Subcommittee
Veteran's War Memorial
Villages of Old Town Ad Hoc Committee
Wall of Honor Ad Hoc Subcommittee
Zone Committee (relating to TUMF Program for WRCOG)
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20.5 Review the current members of the General Plan Community Advisory Committee
and appointment new members as appropriate:
General Plan Community Advisorv Committee
1 Planning Commissioner - David Matthewson.
1 Public Traffic Safety Commissioner - Darrell Connerton
1 Community Services Commissioner - Jim Meyler
5 City Residents - Mark Broderick, Tony Harris, Paul Jacobs, Greg Morrison, John
Telesio
1 Representative of the Chamber of Commerce - Janese Reyes
1 Representative of the EDC - Gary Youmans
1 Representative of a local environmental or community organization - Bob
Wheeler
The 5 City ~esidents represent one appointment from each Council member. Darrell
Connerton is no longer on the Traffic Commission so another representative for that
commission will need to be appointed.
21 Disaster Relief Donation to the American Red Cross (Tsunami Victims)
(Requested by Mayor Comerchero and Councilman Naggar)
RECOMMENDATION:
21.1 Provide direction to staff regarding an appropriation and donation of $25,000 to the
American Red Cross to assist with the disaster relief efforts underway in South Asia;
21.2 Adopt a resolution entitled:
RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA IN SUPPORT OF THE CONTINUED TSUNAMI
DISASTER RELIEF EFFORT IN SOUTH ASIA
22 Draft Heritaae Tree Policy
RECOMMENDATION:
22.1 Review the draft of the Heritage Tree Preservation and Protection Policy and
appoint a subcommittee to finalize the policy.
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
ADJOURNMENT
Next regular meeting: City Councii, Tuesday, January 25, 2005, at 7:00 P.M., City Council
Chambers, 43200 Business Park Drive, Temecula, California.
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17
~
ITEM 1
,
,
ITEM 2
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
NOVEMBER 23, 2004
The City Council convened in Closed Session at 6:00 P.M. and in Open Session at 7:00 P.M. on
Tuesday, November 23, 2004, in the City Council Chambers of Temecula City Hall, 43200
Business Park Drive, Temecula, California.
Present:
5
Council members:
Comerchero, Roberts, Stone, Washington, and
Naggar
Absent:
o
Council members:
None
PRELUDE MUSIC
The prelude music was provided by Sienna Naggar accompanied by Helen Miller.
INVOCATION
The invocation was given by Reverend Lance Kerwin of Calvary Chapel of Temecula.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Councilman Stone.
PRESENT A TIONS/PROCLAMA TIONS
Candleliaht Tribute Proclamation
Ms. Mejia introduced Ms. Harkey, Ms. Strickland, and Chaplain Wimberly; accepted the
proclamation; and invited the public to attend the Candlelight Tribute.
Chaplain Wimberly as well welcomed the community to come together to take this opportunity to
remember those that were loved and lost.
Mayor Naggar thanked those involved for sharing their loss and, thereby, allowing the
community to grieve together.
Certificate of Appreciation for Darrell Connerton
Thanking the City Council for this recognition, Mr. Connerton accepted the certificate and
expressed his delight with having had the opportunity to serve the City.
PUBLIC COMMENTS
A. Sharing a picture and fond comments made to him by visitors of the Veterans' Memorial,
Mr. and Mrs. David and Barbara Micheal, Murrieta, publicly praised Community Services
Director Parker for his dedicated effort, support, patience, and care and presented to the City a
check in the amount of $23,000 from the Veterans of Foreign Wars for its share of the expenses
for the Path of Honor - Veterans' Memorial.
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Mrs. Micheal extended a special gratitude to the Community Services Department for
their associated efforts.
Mayor Naggar thanked Mr. Micheal for his dedicated efforts with the completion of this
memorial.
B. Commenting on the number of times this matter has been addressed at the City Council,
Ms. K. Laura Upton, Temecula, expressed continued concern with the speeding problem on
Calle Pina Colada and requested that the City Council address this issue and suggested the
possibility of installing stop signs.
C. Noting that Calle Pina Colada is being utilized as a collector road/arterial road, Ms.
Jayme Christian, Temecula, requested that this matter be addressed by the City Council.
D. Mr. Todd Johnson, Temecula, representing 3M Company, familiarized to the City
Council with an effective traffic control device - driver feedback sign.
Having invited Mr. Johnson to the City Council to share this device, Councilman Stone
requested that a few extra minutes be granted to Mr. Johnson.
Continuing with his presentation, Mr. Johnson described the driver feedback sign.
Mr. Stone encouraged the City Council to grant Mr. Johnson the ability to meet with the
Public Works Department in an effort to reduce speeds throughout the City.
Mayor Naggar suggested that Mr. Johnson contact Public Works Director Hughes to
explore the services of the 3M Company or any other company with similar services. For the
public, Mr. Hughes briefly advised that the City is currently utilizing similar signs.
E. Speaking on behalf of Mr. Howard Cunningham, Ms. Sue Heh, Wildomar, addressed the
closure of the Workforce Development Center; encouraged the City Council to continue its
efforts on behalf of the unemployed or underemployed; and suggested that the City obtain
further assistance in reestablishing the Workforce Development Center.
Mayor Naggar requested that information with regard to possible closure of the
Workforce Development Center be forwarded to the City Council. City Manager Nelson noted
that staff is in process of working on this matter.
CITY COUNCIL REPORTS
A. Having lost a recent golf bet, Councilman Washington, as a result of this loss, confessed
his loss on television.
Having heard a number of complaints about the new Employee Benefit Program with
Sprint, Mr. Washington requested that the matter be explored by staff.
Commending City Manager Nelson, Community Services Director Parker, and City staff
for the wonderful Veterans' ceremony, Mr. Washington expressed his feelings with regard to the
outstanding memorial. Mr. Washington as well commended Mr. Micheal on his efforts
associated with the memorial.
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In light of the upcoming Candlelight Tribute on December 4, 2004, at the Promenade
Mall, Mr. Washington expressed his and his family's deepest sympathy to Sheryl Brogden and
her children on the loss of her husband and their father.
B. Councilman Roberts commended Mr. Washington on publicly announcing that he had a
bad golf game.
Concurring with the comments made by the residents of Pina Colada, Councilman
Roberts noted that the problem is that Pina Colada is a wide street and it has no stop signs for a
long distance, viewing this street as a cut-through street and noting that the previously installed
speed bumps did not resolve the problem; and that, therefore, these bumps were removed. Mr.
Roberts requested that this matter be addressed by the Public Traffic Safety Commission.
C. Having recently traveled to Nakayama, Japan, Councilman Roberts commented on the
10-year Sister City relationship celebration and shared City-to-City gifts. By way of a video, Mr.
Roberts shared the unveiling ceremony, celebrating the 10th anniversary of our Sister City
relationship in Nakayama. Mr. Roberts commended Community Services Director Community
Services Director Parker, Maintenance Superintendent Harrington, and the Community Services
Department staff for their diligent efforts in completing the Japanese Garden, with special
recognition to Mr. Harrington on his design of the garden and the coordination of it. In closing,
Mr. Roberts distributed commemorative anniversary gifts to each Councilmember.
Echoing Councilman Roberts, City Manager Nelson as well commended Maintenance
Superintendent Harrington on his efforts and as well recognized Mr. Vince Dedonado who
volunteered his time to assist Mr. Harrington in the completion of the Japanese Garden.
D. Thanking Councilman Roberts for bringing the Japanese Garden project to the Council's
attention, Mayor Pro Tem Comerchero encouraged the public to visit the Duck Pond.
Expressing his appreciation of the Veterans' Memorial, Mr. Comerchero encouraged the public
to view the memorial.
Thanking those involved in the Children's Museum project, Mr. Comerchero advised that
the museum has received an award from the Themed Entertainment Association - an
international association.
E. Congratulating Mayor Pro Tem Comerchero and Mrs. Pat Comerchero on their vision of
the Children's Museum, Councilman Stone commended the City on its receipt of this award.
Mr. Stone commended Councilman Roberts for his vision of the Duck Pond property and
extended kudos to Councilman Washington for his efforts with the construction of the City's
theater.
In response to Ms. Christian's concerns with regard to Pina Colada, Mr. Stone noted that
he was under the impression that the cut-through problem was under control and appreciated
her input and encouraged the public to communicate with the City Council members regarding
any concerns.
Having attended a California Association of County Governments seminar, Councilman
Stone commented on this learning experience for incumbent supervisors and newly elected
supervisors to better acquaint themselves with their new job responsibilities, noting that there
are 257 supervisors in the State of California; that 50 of these 257 were newly elected
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supervisors, which was one of the highest percentage turnoyers of supervisors; that at the
seminar, he had met Mr. Todd Johnson of 3M Company; and that he had as well communicated
with a company that explores State and Federal grants for cities for various projects.
And, lastly, having visited the Farmers' Market last weekend, Mr. Stone expressed his
delight with the market and its operation and encouraged the expansion of the Farmers' Market.
F. Mayor Naggar wished everyone a Happy Thanksgiving.
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 Minutes
RECOMMENDATION:
2.1 Approve the minutes of October 26, 2004;
2.2 Approve the minutes of November 9, 2004.
(Councilman Roberts abstained with regard to 2.2.)
3 Resolution approvina List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 04-114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
4 Acceptance of the northerly half-width of Deer Hollow Way into the City-maintained Street
System within Tract Map No. 29305-1
RECOMMENDATION:
4.1 Adopt a resolution entitled:
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4
RESOLUTION NO. 04-115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING THE NORTHERLY HALF-WIDTH OF
DEER HOLLOW WAY INTO THE CITY-MAINTAINED STREET
SYSTEM (WITHIN TRACT MAP NO. 29305-1)
5 Environmental Enhancement and Mitiaation Proaram (EEM) Grant Application for FY
2005-2006
RECOMMENDATION:
5.1 Receive and file this report regarding our Enyironmental Enhancement and
Mitigation Program (EEM) Grant Application for the development of the Temecula
Park and Ride Landscape Enhancement Project and authorize the Director of Public
Works to forward said application to the California Resources agency;
5.2 Adopt a resolution entitled:
RESOLUTION NO. 04-116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE APPLICATION FOR GRANT
FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND
MITIGATION PROGRAM UNDER SECTION 164.56 OF THE
STREETS AND HIGHWAYS CODE FOR THE TEMECULA
PARK AND RIDE LANDSCAPE ENHANCEMENT PROJECT
6 Revisions to the Schedule of Authorized Positions
RECOMMENDATION:
6.1 Approve the Schedule of Authorized Positions as amended.
7 Purchase of six City Vehicles
RECOMMENDATION:
7.1 Approve the purchase of the following vehicles from Paradise Chevrolet:
. One 2005 - Sedan Impala
. One 2005 - SUV Trailblazer
$17,457.78
$27,208.87
7.2 Approve the purchase of the following vehicles from Carriage Motor Company:
. Two 2005 - 2WD GMC Sierra Pick-up Trucks
$17,801.38 (each)
$24,670.95
. One 2005 - 4WD % ton GMC Sierra Pick-up Truck
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5
. One 2005 - 1 ton Cargo Van
$20,131.67
8 Appointment to Weed Abatement Appeals Board
RECOMMENDATION:
8.1 Appoint the Standing Chairs of the Public/Traffic Safety Commission and the
Community Services Commission to the Weed Abatement Appeals Board.
9 Second Readina of Ordinance No. 04-14 (Temecula Creek Villaae)
RECOMMENDATION:
9.1 Adopt an ordinance entitled:
ORDINANCE NO. 04-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE TEXT OF THE TEMECULA
CREEK VILLAGE PLANNED DEVELOPMENT OVERLAY (PDO)
ZONING DOCUMENT TO PERMIT THE SALE OF ALCOHOL IN
THE VILLAGE COMMERCIAL PLANNING AREA AND OTHER
MINOR TEXT AMENDMENTS FOR CLARIFICATION
MOTION: Councilman Washington moved to approve Consent Calendar Item Nos. 1 - 9. The
motion was seconded by Mayor Pro Tem Comerchero and electronic vote reflected approval
with the exception of Councilman Roberts who abstained with regard to Item No. 2.2.
At 7:59 P.M., the City Council convened as the Temecula Community Services District, the
Temecula Redevelopment Agency, and the Temecula Public Financing Authority. At 8:06 P.M.,
the City Council resumed with regular business.
10 Taraet Corporation - PA03-0726 - Minor Conditional Use Permit and Findinqs of Public
Convenience and Necessity
RECOMMENDATION:
10.1 Adopt a resolution entitled:
RESOLUTION NO. 04-117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA UPHOLDING THE PLANNING COMMISSION
DENIAL FOR A MINOR CONDITIONAL USE PERMIT AND
FINDINGS OF PUBLIC CONVENIENCE AND NECESSITY TO
ALLOW THE SALES OF BEER AND WINE (TYPE 20 LICENSE)
WITHIN AN EXISTING 101,909 SQUARE FOOT TARGET
STORE LOCATED AT 19676 RANCHO CALIFORNIA ROAD
AND KNOWN AS ASSESSORS PARCEL NO. 921-320-053
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6
As an owner of property outside of the City but because he is negotiating an easement over his
property to accommodate the expansion of a Target Store, City Attorney Thorson advised that
Mayor Naggar will be abstaining from this matter.
Planning Director Ubnoske provided the staff report (as per agenda material), noting that
Alcohol Beverage Control (ABC) uses census tracts as its means of calculating, based on
existing population, the allowable number of permits; that, in response to Councilman
Washington, noted that the boundary map drawn by ABC has no correlation to City zoning; that,
for Councilman Stone, advised that City staff used the same argument as far as convenience
and necessity in denying a neighboring business the opportunity to sell spirits as was used for
the Target Corporation; and that, for Councilman Roberts, Section 2 of the Findings was
answered by the applicant.
At this time, the public hearing was opened.
Ms. Sharon Bishop, representing Target Corporation, provided an oyerview of Target
Corporation's desire to sell premium wine in the Temecula Target Store; emphasized that
Target shares the City's concerns with regard to the sale of alcohol; that, therefore, training and
point-of-sale measures have been implemented to ensure the proper sale of wine; that currently
100 Target stores in California sell wine; and that Target Corporation has an interest in selling
wine in order to expand its market.
For Councilman Roberts, City Attorney Thorson confirmed that the Target Corporation is only
requesting the sale of wine.
At this time, the public hearing was closed.
Although having no problem with Target Corporation selling wine, Councilman Stone stated that
the City must be consistent in its approval/denial process for all businesses. Having, in the
past, entertained an alcohol license for spirits, Mr. Stone advised that the City has denied such
a license to a business owner who owns a couple of convenience stores. Mr. Stone reiterated
the need for the City to be consistent with its decisions regarding this matter and, therefore,
concurred with the Planning Commission to deny the Target Corporation the ability to sell wine.
Not having been on the Council when that prior denial of an alcohol license was considered, as
mention by Councilman Stone, Councilman Washington relayed his opposition to the arbitrary
nature of the boundaries set by ABC and its basis on population; that the sale of wine at Target
would be a public convenience; that the request would not be to consume wine on the premises;
that living in wine country, this would be an opportunity to promote premium wines at Target;
that although he concurred with Mr. Stone with respect to inconsistency on the decision-making
process, Mr. Washington stated that the Target Corporation should not be penalized for this
action and, therefore, spoke in support of establishing a consistent policy.
Considering the number of Type 20 alcohol licenses (12) in the surrounding neighborhood and
considering only five should have been approved, Councilman Roberts expressed his
opposition to the sale of wine at Target. Having previously yoted against an upgrade to sell
hard spirits for a neighboring business, Mr. Roberts reiterated his opposition.
Making the general acknowledgement that the system by which the City approves and allocates
liquor license should be addressed, Mayor Pro Tem Comerchero noted that the City is in the
process of overhauling that system; however, at this point, other businesses within the City have
R:lMinutes\112304
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had to adhere to this standard. Mr. Comerchero echoed the comments made with regard to
consistency and to treat all business owners the same.
In response to Mayor Pro Tem Comerchero, City Attorney Thorson advised that with regard to
this matter, the City is operating under the City's Conditional Use Permit which may be
amended and the State law which requires the City to address the findings of necessity and
convenience in the census tract and that if the applicant were denied at this time, the applicant
may reapply at a future date.
In response to Councilman Washington, Councilman Stone commented on the City's reasoning
for exceeding the allowable licenses, noting that these licenses were primarily for larger retailers
(grocery stores and department stores); that he would prefer the findings for convenience and
necessity be completely eliminated; and that the City must apply these decisions on a
consistent basis whether for a larger retail business or a small business.
If the request before the Council were denied, Deputy City Manager Thornhill suggested that it
be denied without prejudice, giving the applicant the ability to reapply within a 12-month period
in the event the City were to resolve this issue within the near future.
MOTION: Councilman Stone moved to deny the appeal without prejudice for a 12-month period
and to uphold the Planning Commission's decision. The motion was seconded by Councilman
Roberts. The electronic vote reflected approval with the exception of Mayor Naggar who
abstained and Councilman Washington who voted in opposition.
While staff will be addressing this issue, Councilman Stone suggested that there should be a
distinction between the two different types of licenses.
By denying this appeal without prejudice, City Attorney Thorson advised that the applicant will
not have to wait one year to readdress this matter and that the applicant will not have to
resubmit fees.
11 Rancho Temecula Town Center - PA02-0360 General Plan Amendment: PA02-0363
Specific Plan Amendment: PA02-0364 Development Plan: PA02-0365 Tentative Parcel
Map: PA04-0540 Conditional Use Permit
RECOMMENDATION:
11.1 Adopt a resolution entitled:
RESOLUTION NO. 04-118
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING A MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING PROGRAM
FOR THE RANCHO TEMECULA TOWN CENTER, GENERALLY
LOCATED ON THE NORTHEAST CORNER OF WINCHESTER
ROAD AND NICOLAS ROAD AND KNOWN AS ASSESSORS
PARCEL NOS. 920-100-001 THROUGH 920-100-013 (PA02-
0360, 02-0363, 02-0364, 02-0365, AND 04-0540)
,
11.2 Adopt a resolution entitled:
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8
RESOLUTION NO. 04-119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE GENERAL PLAN LAND USE
DESIGNATION FROM NEIGHBORHOOD COMMERCIAL (NC)
TO COMMUNITY COMMERCIAL (CC) ON 20.2 ACRES
GENERALLY LOCATED ON THE NORTHEAST CORNER OF
WINCHESTER ROAD AND NICOLAS ROAD AND GENERALLY
KNOWN AS ASSESSORS PARCEL NOS. 920-100-001.
THROUGH 920-100-013 (PA02-0360)
11.3 Introduce and read by title only and ordinance entitled:
ORDINANCE NO. 04-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE LAND USE DESIGNATION OF
THE RORIPAUGH ESTATES SPECIFIC PLAN FROM
NEIGHBORHOOD COMMERCIAL (NC) TO COMMUNITY
COMMERCIAL (CC) AND REVISE THE DESIGN GUIDELINES
AND DEVELOPMENT STANDARDS FOR PLANNING AREA 9,
LOCATED ON THE NORTHEAST CORNER OF WINCHESTER
ROAD AND NICOLAS ROAD (PA02-0363)
11.4 Adopt a resolution entitled:
RESOLUTION NO. 04-120
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING TENTATIVE PARCEL MAP NO.
30719 TO SUBDIVIDE 20.2 ACRES INTO 12 PARCELS,
LOCATED ON THE NORTHEAST CORNER OF WINCHESTER
ROAD AND NICOLAS ROAD AND KNOWN AS ASSESSORS
PARCEL NOS. 920-100-001 THROUGH 920-100-013 (PA02-
0365)
11.5 Adopt a resolution entitled:
RESOLUTION NO. 04-121
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA02-0364 - A DEVELOPMENT PLAN TO CONSTRUCT
APPROXIMATELY 162,860 SQUARE FEET OF COMMERCIAL
RETAIL SPACE, INCLUDING THREE MAJOR TENANTS,
SEVEN PADS, AND A TOTAL OF FOUR DRIVE-THROUGH
FACILITIES, LOCATED ON THE NORTHEAST CORNER OF
WINCHESTER ROAD AND NICOLAS ROAD KNOWN AS
ASSESSORS PARCEL NOS. 920-100-001 THROUGH 920-100-
013
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9
11.6 Adopt a resolution entitled:
RESOLUTION NO. 04-122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA04-0S40 - A CONDITIONAL USE PERMIT ALLOWING A
TOTAL OF FOUR DRIVE-THROUGH FACILITIES WITHIN A
RELATED DEVELOPMENT PLAN (PA02-0364) CONSISTING
OF APPROXIMATELY 162,860 SQUARE FEET OF RETAIL
COMMERCIAL SPACE, LOCATED ON THE NORTHEAST
CORNER OF WINCHESTER ROAD AND NICOLAS ROAD
KNOWN AS ASSESSORS PARCEL NOS. 920-100-001
THROUGH 920-100-013
Planning Director Ubnoske reviewed the staff report (as per agenda material), noting that there
will be a right in and right out exit on Winchester Road.
For Councilman Roberts, Public Works Director Hughes advised that a bus turnout has been
proposed but that no deceleration/acceleration lane has been proposed or required. Mr.
Roberts expressed concern with no deceleration/acceleration lane and requested that it be
imposed as a condition.
Concurring with the suggestion of a deceleration/acceleration lane, Councilman Stone
suggested that some of the landscaped area on Winchester Road be utilized as a
deceleration/acceleration lane. Public Works Director Hughes noted that based on the
Council's comments, the matter could be reviewed in more detail during the design process of
the construction drawings, advising that the additional landscaped area is part of the 25'
transportation corridor. .
While reviewing the possibility of a deceleration/acceleration lane, Councilman Washington
requested that staff provide information as to the determination of when such a lane is
necessary and when it's not.
In response to Councilman Washington's comments regarding the architectural review of this
project by the Planning Commission, Planning Director Ubnoske noted that the L.A. Fitness
structure was a concern as to its different appearance from the rest of the center, requesting the
incorporation of tower elements and that with regard to the Rite~Aid structure, concern was
expressed with regard to its proximity to the street but that no concern was expressed with its
appearance or the appearance of the rear elevation of all buildings.
Councilman Roberts reiterated his reasoning for the need for a deceleration/acceleration lane.
City Manager Nelson ensured the City Council that if it were the wish of the Council, a condition
of approval could be imposed, requiring the installation of a deceleration/acceleration lane.
For Mayor Naggar, Public Works Director Hughes advised that the Roripaugh Ranch Specific
Plan does require the developer to provide extensive improvements at Nicolas and Winchester
Roads; that the proposed project will be dedicating the additional right-of-way necessary for
Roripaugh Ranch to make these improvements; that the proposed project as well has been
conditioned to complete improvements at the intersection to mitigate the project's impacts on
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10
the intersection; and that it would be expected that the improvements from both projects (the
proposed and Roripaugh Ranch) will be completed in unison.
For Mayor Naggar, Planning Director Ubnoske noted that the land use to the south of the
proposed project is a mini-storage facility and that the land use to the east of the proposed
project is residential (County).
At this time, the public hearing was opened.
Requesting the City Council's support of the proposal, Mr. Matthew Fagan, representing Pacific
Development Partners, Temecula, noted that the applicant has diligently worked with staff over
several years and the Planning Commission, advising that the Commission unanimously
approved the project; stated that the applicant is in support of the conditions of approval; that
although L.A. Fitness expressed flexibility of incorporating its appearance into the center, L.A.
Fitness has requested the retention of the rotunda feature; and that with regard to the
deceleration/acceleration lane, the applicant would be open to exploring any option for the
betterment of the project and the community.
There being no additional requests to speak, the public hearing was closed.
Viewing the proposed uses compatible with the community's needs, Mayor Pro Tem
Comerchero expressed his support of the project. With regard to the architectural design of the
project, Mr. Comerchero was of the opinion that those discussions should be held at the
Planning Commission level and that Council discussion should be confined to the issue of the
General Plan Amendment and its associated issues. Mr. Comerchero expressed concurrence
with the installation of a deceleration/acceleration lane.
Reiterating his support of the deceleration/acceleration lane, Councilman Roberts voiced no
concern with the proposed project.
Viewing the proposed plan as one that will meet the needs of the community, Councilman Stone
commented on the sales tax revenue for the City, future jobs, and the positive impacts on
lessening traffic; supported the architectural details; and expressed his support of the project.
MOTION: Councilman Stone moved to adopt Resolution Nos. 04-118 and 04-119 with the
addition of a condition of approval, requiring the installation of a deceleration/acceleration lane.
The motion was seconded by Councilman Roberts. (After additional Council discussion,
this motion ultimately passed; see page 12.)
Because appropriate and mitigating measures haye been implemented to address traffic
concerns, Councilman Washington stated that he would not view this center as creating
additional traffic; concurred with the installation of a deceleration/acceleration lane; and as well
concurred with Mr. Comerchero's comments pertaining to architectural reyiew occurring at the
Planning Commission level; and, therefore, spoke in support of this project.
At this time, the previously made motion, by electronic vote, reflected unanimous approyal.
At this time, City Attorney Thorson introduced Ordinance No. 04-15.
MOTION: Councilman Stone moved to introduce Ordinance No. 04-15. The motion was
seconded by Mayor Pro Tem Comerchero and electronic vote reflected unanimous approval.
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11
MOTION: Councilman Stone moved to adopt Resolution Nos. 04-120, 04-121, and 04-122 with
the addition of a deceleration/acceleration lane. The motion was seconded by Mayor Pro Tem
Comerchero and electronic vote reflected unanimous approval.
DEPARTMENTAL REPORTS
No additional comments.
CITY MANAGER'S REPORT
No additional comment.
CITY ATTORNEY'S REPORT
City Attorney Thorson advised that with respect to the first Closed Session Item (potential
litigation - Domenigoni-Barton Specific Plan pending before the County of Riverside), the City
Council's action was to direct the City Attorney to take the necessary actions to express the
City's acceptance of the conditions of approval and the phasing plan for that project as
currently proposed, noting the vote on that action was three in favor and two did not participate
(Councilman Stone and Mayor Pro Tem Comerchero who has a potential conflict of interest,
owning an interest in property next door). With regard to the second Closed Session Item
(Educational Project), the Council gave direction to staff and stated that this item will be
forwarded to the City Council forfinal action at a public hearing on December 7, 2004.
ADJOURNMENT
At 9:09 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday,
December 7, 2004, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive,
Temecula, California.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
R:\Minutes\112304
12
MINUTES OF AN ADJOURNED REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
DECEMBER 7, 2004
The City Council convened in Closed Session at 6:00 P.M. and in Open Session at 7:00 P.M. on
Tuesday, December 7, 2004, in the City Council Chambers of Temecula City Hall, 43200
Business Park Drive, Temecula, California.
Present:
5
Councilmembers:
Comerchero, Roberts, Stone, Washington, and
Naggar
Absent:
o
Councilmembers:
None
PRELUDE MUSIC
The prelude music was provided by eve Craig.
Ms. Caylie Gregorio sang the National Anthem.
INVOCATION
The invocation was given by Pastor Ranch of Calvary Baptist Church of Temecula.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Councilman Washington.
PRESENT A TIONS/PROCLAMATIONS
Viewing Guidant Corporation as a community neighbor and appreciating the work Guidant
Corporation has accomplished in the community, Mayor Naggar stated that the City of
Temecula is a better place as a result of Guidant Corporation and, therefore, noted that Guidant
would be honored in the following manner:
Certificate of Appreciation to Ronald Dollens. President and CEO of Guidant Corporation
Advising that Mr. Ronald Dollens has recently retired, Mayor Naggar presented a certificate of
appreciation, in his absence, to Mr. Ken Carlisle, Senior Vice President of Guidant Corporation.
By way of a video presentation, Mr. Dollens expressed his honor in receiving this certificate and
provided an overview of the Guidant Corporation and City of Temecula relationship.
Proclamation - December 14. 2004. Guidant Corporation Day
At this time, Mayor Naggar presented to Mr. Ken Carlisle, Senior Vice President of the Guidant
Corporation, a proclamation proclaiming December 14, 2004, Guidant Corporation Day. With
appreciation, Mr. Carlisle accepted the proclamation and expressed his desire to continue the
work relationship between Guidant and the City of Temecula. He briefly explained the products
produced by Guidant.
R:\Minutes\120704
2004 Spark of Love Toy Drive and Dent Event Update
Commenting on the 2004 Spark of Love Toy Drive and the Fifth Annual Dent Event, Fire Safety
Specialist Horton advised that the event was hosted by the Guidant Corporation and shared the
many activities throughout the day and the many generous toy and cash donations. Mr. Horton
thanked all the co-sponsors of the event and with great pleasure, announced that this year's
event yielded 694 toys, 29 bikes with helmets, 6 bike pumps, and a grand total of $9,445.
City's 15-year Anniversarv Slide Show
With much appreciation, Mayor Naggar presented to Mrs. Eve Craig a poinsettia plant for her
continued efforts associated with coordinating the prelude music all year long.
At this time, a slide show presentation was shown reflecting the many City accomplishments
over the past 15 years.
PUBLIC COMMENTS
A. Ms. Lanae Turley-Trejo, Temecula, invited the City Councilmembers and the public to
the Second Annual Community Creche Festival on Friday and Saturday, December 10 and 11,
2004, at the Church of Jesus Christ of Latter Day Saints on North General Kearney, from 5:00
to 8:00 P.M.
CITY COUNCIL REPORTS
A. Having seen significant progress with the City's Sprint Employee Servicing Contract,
Councilman Washington thanked Information Systems Director Thorson and Administrative
Assistant Casey for their efforts associated with rectifying this matter.
Commenting on the recent Youth in Government Program hosted by the City and held at
City Hall, Mr. Washington thanked Danielle Clark from the Temecula Unified School District,
City Clerk Jones, and City Manager Nelson for their efforts in putting together a meaningful
program for the students.
Having attended the Candlelight Tribute, Mr. Washington thanked Ms. Mejia, Ms.
Harkey, and Ms. Strickland for their efforts with this very moving and touching event to
recognize those we loved and lost.
Mr. Washington thanked Captain Neuman for chaperoning him to the Spark of Love Toy
Drive, commenting on an outstanding effort; thanked the Community Services Department on
another outstanding Tree Lighting Ceremony at the Duck Pond; reminded the public of the
Annual Holiday Parade on Friday, December 10, 2004, at 7:00 P.M.; and in closing, praised his
wife for being selected as Employee of the Year at her workplace.
B. Mayor Pro Tem Comerchero extended a special tribute to Fire Safety Specialist Horton
for his efforts associated with the 2004 Spark of Love Toy Drive and commended all those
involved with this very special event.
Expressing emotions he felt during the 15-year City Anniversary slide show, Mayor Pro
Tem Comerchero addressed the accomplishments this City has achieved during such a short
period of time.
R:\Minutes\ 120704
2
C. Having attended a conference in Washington, D.C. which addressed the infrastructure
issues in the United States, Councilman Stone noted that this City is not the only City with such
dilemma; shared important statistics; forwarded the Fourth Annual Underground Infrastructure
Advanced Technology Conference Manual to Public Works Director Public Works Director
Hughes; and requested, at the next City Council meeting, the adoption of a resolution in support
of legislation to improve infrastructure at the local, State, and Federal level.
D. Thanking staff for their efforts associated with the completion of the 15-year Anniversary
Slide Show, Councilman Roberts noted that it had brought back many memories and wished
everyone a safe Holiday Season.
E. Advising that staff has explored the possible closure of the Workforce Development
Center, Mayor Naggar noted that this center will be downsizing and relocating but will not be
closing.
Since the December 14, 2004 City Council meeting will primarily be dedicated to
recognizing Councilman Stone for his years of service to the City, Mayor Naggar welcomed
those that wish to honor, celebrate, share fond memories, or express appreciation to Mr. Stone
for his years of service.
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 Resolution approvina List of Demands
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. 04-123
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
3 City Treasurer's Report
RECOMMENDATION:
3.1 Receive and file the City Treasurer's Report as of October 31, 2004.
R:\Minutes\ 120704
3
4 Financial Statements for the three months ended September 30. 2004
RECOMMENDATION:
4.1 Receive and file the Financial Statements for the three months ended September
30, 2004.
5 Southwest Communities Joint Powers Authority Aareement for Animal Shelter
RECOMMENDATION:
5.1 Approve formation of the Southwest Communities Joint Powers Authority (JPA)
agreement.
6 1-15/SR 79S Ultimate Interchanae (PR) - Desian Cooperative Aareement with the State of
California Department of Transportation - PW04-08
RECOMMENDATION:
6.1 Adopt a resolution entitled:
RESOLUTION NO. 04-124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A DESIGN COOPERATIVE
AGREEMENT - NO. 08-1249 - BETWEEN THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION AND THE
CITY OF TEMECULA FOR THE DESIGN OF A MODIFICATION
TO THE INTERCHANGE ON INTERSTATE 15 AT STATE
ROUTE 79 SOUTH
7 Pechanaa Parkway Phase liB Storm Drain Improvements - Wolf Valley Creek Channel-
Staae 2 - Proiect No. PW99-11CH -Increase Construction Continaencv
RECOMMENDATION:
7.1 Increase the project contingency and the City Manager's contract change order
approval limit by $300,000 above the previously approved 10% contingency for the
Pechanga Parkway Phase liB Storm Drain Improvement Project (Wolf Valley Creek
Channel- Stage 2) - Project No. PW99-11CH.
8 Aareement for Consultinq Services between the City of Temecula and Nichols Melbura
and Rossetto (NM&R) Architects and Enaineers
RECOMMENDATION:
8.1 Approve the contract with Nichols Melburg and Rossetto, Architects and Engineers
for master planning consulting services in the amount of $161,550.00.
8.2 Approve a contract contingency of 10% for an amount of $16,155.00.
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4
9 Second Readina of Ordinance No. 04-15 (Amendina Land Use Roripauah Specific Plan)
RECOMMENDATION:
9.1 Adopt an ordinance entitled:
ORDINANCE NO. 04-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE LAND USE DESIGNATION FOR
PLANNING AREA 9 OF THE RORIPAUGH ESTATES SPECIFIC
PLAN FROM NEIGHBORHOOD COMMERCIAL (NC) TO
COMMUNITY COMMERCIAL (CC) AND INCORPORATE
DESIGN GUIDELINES AND DEVELOPMENT STANDARDS
FOR PLANNING AREA 9 (PA02-0363)
MOTION: Mayor Pro Tem Comerchero moved to approve Consent Calendar Item Nos. 1 - 9.
The motion was seconded by Councilman Stone and electronic vote reflected unanimous
approval.
At 7:52 P.M., the City Council convened as the Temecula Community Services District, the
Temecula Redevelopment Agency, and the Temecula Public Financing Authority. At 8:15 P.M.,
the City Council resumed with regular business.
COUNCIL BUSINESS
10 Appointment of Mayor and Mayor Pro Tem for Calendar Year 2005
RECOMMENDATION:
10.1 Entertain motions from the City Councilmembers to appoint the Mayor to preside,
effective January 1, 2005, to the end of Calendar Year 2005;
10.2 Entertain motions from the City Councilmembers to appoint the Mayor Pro Tem,
effective January 1, 2005, who will assume the duties of the Mayor in the Mayor's
absence and hold this office until the end of Calendar Year 2005.
MOTION: Mayor Naggar moved to appoint Mayor Pro Tem Comerchero as Mayor for calendar
year 2005. The motion was seconded by Councilman Washington and electronic vote reflected
unanimous approval.
Mayor Pro Tem Comerchero thanked his colleagues for the vote of confidence and expressed
his desire for the coming year to be an equally productive year as was 2004.
MOTION: Mayor Pro Tem Comerchero moved to appoint Councilman Roberts as Mayor Pro
Tem for calendar year 2005. The motion was seconded by Councilman Stone and electronic
vote reflected unanimous approval.
Councilman Stone thanked Mayor Pro Tem Comerchero for his years of service to this
community. To Councilman Roberts, Councilman Stone expressed his excitement with
supporting him as Mayor Pro Tem for 2005 and as well commended Mayor Naggar on an
R\Minutes\ 120704
5
outstanding job in representing the City. In closing, Mr. Stone as well commended Mr.
Washington on his first year on the Council.
Councilman Washington commended Mayor Naggar on a job well done as Mayor, commenting
on his leadership skills and his ability to represent the City in a professional and outstanding
manner.
Viewing 2004 as one of the least stressful year on the Council, Councilman Roberts
commended Mayor Naggar on his ability to handle many issues in a positive manner.
Echoing the commendations for Mayor Naggar, Mayor Pro Tem Comerchero noted that
because the Councilmembers like each other and work well together, many goals are
accomplished for the City.
Mayor Naggar thanked his colleagues for the kind comments. He complimented the staff, the
community, and the volunteers of this community on a wonderful City.
CITY MANAGER'S REPORT
In light of the previous comments, City Manager Nelson as well expressed his gratitude for the
leadership provided by the City Council and the teamwork of this City Council, commenting on
the positive message it sends to staff and to the community. Although being extremely proud
of the accomplishments achieved in 2004 as well as those accomplished over the past 15
years, Mr. Nelson stated that even greater goals are planned for 2005.
CITY ATTORNEY'S REPORT
City Attorney Thorson advised that there were no matters to report for Closed Session.
ADJOURNMENT
At 8:25 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday,
December 14, 2004, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive,
Temecula, California.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
R:\Minutes\ 120704
6
MINUTES OF AN ADJOURNED REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
DECEMBER 14, 2004
The City Council convened in Closed Session at 6:00 P.M. and in Open Session at 7:00 P.M. on
Tuesday, December 14, 2004, in the City Council Chambers of Temecula City Hall, 43200
Business Park Drive, Temecula, California.
Present:
5
Councilmembers:
Comerchero, Roberts, Stone, Washington, and
Naggar
Absent:
o
Councilmembers:
None
PRELUDE MUSIC
The prelude music was provided by eve Craig.
INVOCATION
The invocation was given by Mayor Naggar.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Mayor Pro Tem Comerchero.
PRESENT A TIONS/PROCLAMA TIONS
Mayor Naggar noted that all Council, District, and Agency business would be considered out of
order after which the presentation portion of the agenda will be considered which will be a
tribute to Councilman Stone.
Certificate of Appreciation to Executive Assistant Steffen
On behalf of the City Council, Mayor Naggar commended Ms. Steffen on her professionalism,
her dedication, and her abilities and presented her with a Certificate of Appreciation.
A Historv in Stone
At this time, a slide show was presented, reflecting the many accomplishments achieved by
Councilman Stone.
Mayor Naggar presented to Councilman Stone a Certificate of SpeCial Congressional
Recognition from Congressman Issa.
Expressing his delight with haYing the opportunity to honor Councilman Stone, Assemblyman
Benoit congratulated Mr. Stone on his successful election to the Board of Supervisors and
presented to him a Resolution from the California State Legislature.
R\Minutes\121404
With great pleasure, on behalf of the Registrar of Voters, Mayor Pro Tem Comerchero
presented the framed Certificate of Election to Councilman Stone and read the Oath of Office
that Mr. Stone has already taken.
On behalf of Team PACE and City staff, Administrative Assistant Casey and Senior
Management Analyst Adams thanked the City Councilmembers and Executive Staff for the
support and encouragement provided to Team PACE; congratulated Councilman Stone on his
newly elected position; wished him much success; and presented to Mr. Stone a clock in
appreciation of his support.
On behalf of the Southern California Association of Governments, Councilman Roberts
recognized Councilman Stone for his leadership and dedication to the critical policy issues
facing the City of Temecula and personal commitment to public service and presented to him a
Certificate of Recognition.
Mayor Naggar presented to Councilman Stone a City proclamation proclaiming December 14,
2004, as Jeff Stone Day, honoring him for his diligent service, active membership in many
organizations, his many accomplishments, for his vision, and leadership.
Having known Mr. Stone for over 20 years, Ms. Joan Sparkman, Murrieta, expressed how proud
she is of his accomplishments and noted that his mother would, as well, be very proud of him.
Sharing fond memories of Councilman Stone, Mr. Bill Harker, Temecula, expressed his and his
late wife's support of him for Council and now his support of him as Supervisor.
On behalf of the Temecula Valley Chamber of Commerce Board of Directors, Ms. Alice SUllivan
and Ms. Pamela Voight, Temecula, thanked Councilman Stone for his continued support not
only of the Chamber but of the business community and presented an Award of Appreciation for
the 12 years of dedicated service, devotion, and service to the City and wished him much
success.
On behalf of the Economic Development Corporation's Board of Directors and Members of the
Economic Development Corporation, Mr. Dennis Frank, Temecula, expressed appreciation for
the many achievements Councilman Stone has accomplished for the City and, personally, Mr.
Frank expressed appreciation to Mr. Stone for his vision, leadership, and guidance.
Representing the Rancho Community Church, Pastor Struikmans, Temecula, on behalf of the
Pastors of this Valley, thanked Mr. Stone for his support, encouragement, and participation and
wished him much success.
Not having voted for Councilman Stone for every Council term, Mr. Chris Peterson, Temecula,
expressed appreciation to Mr. Stone for his years of service and accomplishments and advised
that he did vote for him as Supervisor.
Having attended City Council meetings for almost 10 years, Mr. Elton Ward and his wife,
Jeannie, County, relayed their delight with Mr. Stone's election as Supervisor and wished him
much success.
Mrs. Pat Birdsall, Temecula, expressed her pride in haYing had the opportunity to serve with
Councilman Stone on the City Council and her appreciation of his accomplishments for this City.
R:\Minutes\121404
2
"
Congratulating Mr. Stone for his 12-years of service to this City, Mr. Jim Domenoe, Temecula's
Police Chief, expressed his appreciation for Councilman Stone's strong support of law
enforcement for this City, looking forward to working with him as Supervisor and for his
continued support.
Having served with Councilman Stone on the Council since 1992, Councilman Roberts
commented on Mr. Stone's vision for the Promenade Mall property; noted that Mr. Stone will
continue to represent the City; and relayed how proud he is of his accomplishments.
Having served with Councilman Stone on the Council for only one year, Councilman
Washington, as a former Murrieta City Council member, shared fond memories of his
relationship with Mr. Stone; commented on the respect he has for Mr. Stone and his visionary
approach as well as his sincerity and concern for citizens; and wished him much success.
Commenting on Councilman Stone's fingerprint throughout the City, Mayor Pro Tem
Comerchero advised that in 1993, Mr. Stone nominated him to serve as a Commissioner to the
Community Services Commission; noted that in 1997, Mr. Stone and he co-chaired Measure C;
commended Mr. Stone on his vision of the Promenade Mall property; and wished him much
success.
City Manager Nelson relayed fond memories of Mr. Stone particularly expressing great
appreciation to Mr. Stone for his assistance/support to the Nelson Family in 1997 during this
time of need when Mr. and Mrs. Nelson's daughter was involved in a car accident. Mr. Nelson
expressed great enthusiasm with Mr. Stone serving in his new leadership position. On behalf of
all City employees, Mr. Nelson thanked Mr. Stone for his strong support of staff and wished him
much success.
Sharing fond memories of Councilman Stone, Mayor Naggar viewed Councilman Stone as a
mentor and commended Mr. Stone on his political ethics.
On behalf of the City Council, Mayor Naggar presented to Councilman Stone an aerial
photograph, signed by each Council member, of the City of Temecula.
At this time, Mayor Naggar handed the floor to Councilman Stone.
Thanking everyone for their kind comments, Councilman Stone thanked staff for its teachings
over the past 12 years, paying special tribute to key individuals throughout this organization as
well as many other individuals; extended appreciation to Assemblyman Benoit for attending this
meeting; commended Councilman Roberts on his experience with public safety, his leadership,
and his dedication to this City and, therefore, advised that Mr. Roberts will be a member of his
staff, beginning January 3, 2005; wished he would have had more time on the Council with
Councilman Washington, expressing how fortunate this City is to have Mr. Washington on the
Council; appreciated Mayor Pro Tem Comerchero's support on the Veterans' Memorial;
commended City Manager Nelson on his very strong work ethic and high-professional
standards, stating that Mr. Nelson's priorities are in the right place; and although having
disagreed over the year on certain issues, Mr. Stone commended Mayor Naggar on his maturity
as a public official and congratulated Mr. Naggar on an outstanding year as Mayor.
In closing, Mr. Stone recognized his family for their continued support, acknowledging his
daughter, Britney - a freshman at the University of San Diego; his son, who is back East at
George Washington University, studying law; his wife, Regina; his sister, Lori, and brother-in-
R:\Minutes\1214Q4
3 .
law, Dan; his son, Anthony; his other son, Vincent; and his nephews, Travis and Chase. Noting
that anyone in the community can make a difference, Mr. Stone encouraged residents to get
involved in their community. Mr. Stone promised that he will work hard as County Supervisor in
an effort to improve the quality of life and to obtain what is deserved for Southwest Riverside
County - roads, bridges, freeway improvements, and public safety. He advised that he would
be accessible for input as well welcomed volunteers for his offices in Riyerside, Menifee, Hemet,
and Idyllwild; thanked the citizens of Temecula for their confidence and for the opportunity to
serve them; and promised to not let them down in the future.
PUBLIC COMMENTS
On behalf of the Board of Directors of the Temecula Valley Balloon and Wine Festival and
Executive Director Carol Pope-Joy, Mr. Dennis Frank thanked the City Council for its continued
support of the Festival and apprised the City Council of awards the Festival has recently
received.
CITY COUNCIL REPORTS
A. Councilman Washington congratulated the recipients of the Holiday Lights and Festive
Sites Awards and thanked Deputy Director of Community Services Ruse, Senior Recreation
Coordinator Gilliland, and Community Services Department staff on another outstanding Holiday
Parade; encouraged everyone to be safe during the Holidays; and wished everyone a Happy
Hanukah, Merry Christmas, and a Happy Holiday Season
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 Resolution approvina List of Demands
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. 04-126
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
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4
3 Comprehensive Annual Financial Report (CAFR) for Fiscal Year ended June 30, 2004
RECOMMENDATION:
3.1 Receive and file the Comprehensive Annual Financial Statements, Auditor's Report,
and Management's Discussion and Analysis (MD&A) for Fiscal Year ended June 30,
2004.
4 Professional Services Aareement for Bridae Inspection Services - Parsons Brinkerhoff
Construction Services. Inc. - Ynez Road Bridae (widen) over Santa Gertrudis Creek-
LD04-051 CO
RECOMMENDATION:
4.1 Approve an agreement with Parsons Brinkerhoff Construction Services, Inc. in an
amount not to exceed $48,577 for professional bridge inspection and construction
engineering services for the Ynez Road Bridge (widen) over Santa Gertrudis Creek
Road Undercrossing - Project No. LD04-051 CO - and authorize the Mayor to
execute the agreement;
4.2 Authorize the City Manager to approye amendments to the agreement not to exceed
the 10% contingency amount of $4,857.00.
5 Bonds and Aareement for additional Storm Drain Improvements in Tract Map No. 29305-1
(located east of Pechanaa Parkway and south of Loma Linda Road in the Wolf Creek
Development)
RECOMMENDATION:
5.1 Approve and accept the Subdivision Improvement Agreement, Subdiyision Faithful
Performance and Labor and Materials Bonds as security for additional storm drain
improvements for Tract Map No. 29305-1;
5.2 Direct the City Clerk to record the Improvement Agreement and file the Faithful
Performance and Labor and Materials Bonds.
6 1-15/SR 79 South Ultimate Interchanae Proiect (PW04-08) - Property Acauisition and
TUMF Reimbursement Aareement
RECOMMENDATION:
6.1 Appropriate $1,423,408 from Tribal Association of Sovereign Indian Nation (TASIN)
funds and $4,000,000 from Transportation Uniform Mitigation FEE (TUMF) funds to
the 1-15/SR 79 South Ultimate Interchange Project (PW04-08) for the acquisition of
right-of-way;
6.2 Approye an advance of $4,000,000 from Capital Reserves to the 1-15/SR 79 South
Ultimate Interchange Project (PW04-08) for the acquisition of right-of-way.
(Mayor Naggar and Mayor Pro Tem Comerchero abstained with regard to this item.)
R:lMinutes\121404
5
7 Parcel Map No. 30798 (located north of HiQhway 79 South. east of Avenida De Missiones
and the future Rancho Pueblo Road (known as Rancho Community Church)
RECOMMENDATION:
7.1 Approve Parcel Map No. 30798 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 Materials Bond and Monument Bond as security for
the agreements.
8 Acceptance of Grant Deed - Harveston Community Park
RECOMMENDATION:
8.1 Authorize acceptance of the Grant Deed for Harveston Community Park, located in
the Harveston development and direct staff to proceed with the necessary actions to
cause the deed to be recorded.
9 Police Department Office of Traffic Safety (OTS) Proaram Grant Fundina
RECOMMENDATION:
9.1 Increase estimated General Fund Grant Reyenue by $29,220;
9.2 Appropriate $29,220 from General Fund Grant Revenue to the Police Department.
10 Resolution in Support of Leqislation to Improve Infrastructure
(At the request of Councilman Stone.)
RECOMMENDATION:
10.1 Adopt a resolution entitled:
RESOLUTION NO. 04-127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA IN SUPPORT OF LEGISLATION TO IMPROVE
INFRASTRUCTURE AT THE LOCAL, STATE, AND FEDERAL
LEVEL
MOTION: Councilman Stone moyed to approye Consent Calendar Item Nos. 1 - 10. The
motion was seconded by Councilman Washington and electronic vote reflected approval with
the exception of Mayor Naggar and Mayor Pro Tem Comerchero who abstained with regard to
Consent Calendar Item NO.6.
R:\Minutes\121404
6
At 7:09 P.M., the City Council convened as the Temecula Community Services District and the
Temecula Redevelopment Agency. At 7:12 P.M., the City Council resumed with regular
business.
At this time, a special tribute was paid the outgoing Councilman Stone and incoming Supervisor
Stone; see page 1 - Presentations/Proclamations.
CITY MANAGER'S REPORT
No additional comment.
CITY ATTORNEY'S REPORT
City Attorney Thorson advised that there was nothing to report under Closed Session.
ADJOURNMENT
At 8:28 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday,
January 11, 2005, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive,
Temecula, California.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
R:\Minutes\121404
7
ITEM 3
RESOLUTION NO. 05-_
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 $4,706,529.20.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED, this 11th day of January, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
R:/Resos 2005/Resos 05-
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. 05-_ was duly adopted at a regular meeting of the City Council of the
City of T emecula on the 11 th day of January, 2005 by the following roll call vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:lResos 2005/Resos 05-
2
12109/04 TOTAL CHECK RUN:
12/16/04 TOTAL CHECK RUN:
12/22/04 TOTAL CHECK RUN:
12129/04 TOTAL CHECK RUN:
12109/04 TOTAL PAYROLL RUN:
12116/04 TOTAL PAYROLL RUN:
12129/04 TOTAL PAYROLL RUN:
CITY OF TEMECULA
LIST OF DEMANDS
$ 1,144,973.48
1,480,574.50
859,350.93
487,954.85
24,307.58
356,511.58
352,856.28
$ 4,706,529.20
TOTAL LIST OF DEMANDS FOR 01111/05 COUNCIL MEETING:
DISBURSEMENTS BY FUND:
CHECKS:
001
165
190
192
193
194
195
210
280
300
310
320
330
340
001
165
190
192
193
194
280
300
320
330
340
GENERAL FUND
RDA DEV.LOW/MOD SET ASIDE
COMMUNITY SERVICES DISTRICT
TCSD SERVICE LEVEL 8
TCSD SERVICE LEVEL C
TCSD SERVICE LEVEL D
TCSD SERVICE LEVEL R
CAPITAL IMPROVEMENT PROJ. FUND
REDEVELOPMENT AGENCY.CIP
INSURANCE FUND
VEHICLES FUND
INFORMATION SYSTEMS
SUPPORT SERVICES
FACILITIES
GENERAL FUND
RDA.lOW/MOD SET ASIDE
COMMUNITY SERVICES DISTRICT
TCSD SERVICE LEVEL B
TCSD SERVICE LEVEL C
TCSD SERVICE LEVEL D
REDEVELOPMENT AGENCY-CIP
INSURANCE FUND
INFORMATION SYSTEMS
SUPPORT SERVICES
FACilITIES
PREPARED BY LEAH THOMAS, ACCOUNTING ASSISTANT
TOTAL BY FUND:
I
GENIE ROBERTS, DIRECTOR OF FINANCE
I
SHAWN NELSON. CITY MANAGER
S 1,724,868.15
49,090.08
314,315.63
42,242.37
72,083.32
10,975.30
920.00
1,259,718.63
27,433.55
276,415.43
44,743.87
116,004.73
7,323.97
26,718.73
$ 3,972,853.76
$ 503,694.23
10,776.75
133,776.74
229.89
10,819.39
1.646.57
6,148.77
1,462.07
44,636.30
6,605.05
13,879.68 733,675.44
$ 4,706,529.20
. HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
,HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
I
I
I
12/09/04 TOTAL CHECK RUN:
12/16/04 TOTAL CHECK RUN:
12/22/04 TOTAL CHECK RUN:
12/29/04 TOTAL CHECK RUN:
12/09/04 TOTAL PAYROLL RUN:
12/16/04 TOTAL PAYROLL RUN:
12/29/04 TOTAL PAYROLL RUN:
CITY OF TEMECULA
LIST OF DEMANDS
TOTAL LIST OF DEMANDS FOR 01111/05 COUNCIL MEETING:
DISBURSEMENTS BY FUND:
CHECKS:
001
165
190
192
193
194
195
210
280
300
310
320
330
340
GENERAL FUND
RDA DEV-LOW/MOD SET ASIDE
COMMUNITY SERVICES DISTRICT
TCSD SERVICE LEVEL B
TCSD SERVICE LEVEL C
TCSD SERVICE LEVEL D
TCSD SERVICE LEVEL R
CAPITAL IMPROVEMENT PROJ. FUND
REDEVELOPMENT AGENCY-CIP
INSURANCE FUND
VEHICLES FUND
INFORMATION SYSTEMS
SUPPORT SERVICES
FACILITIES
001 GENERAL FUND
165 RDA.LOW/MOD SET ASIDE
190 COMMUNITY SERVICES DISTRICT
192 TCSD SERVICE LEVEL B
193 Teso SERVICE LEVEL C
194 TeSD SERVICE LEVEL 0
280 REDEVELOPMENT AGENCY-CIP
300 INSURANCE FUND
320 INFORMATION SYSTEMS
330 SUPPORT SERVICES
340 FACILITIES
TOTAL BY FUND:
I
GEN
I
SHAWN NELSON, CITY MANAGER
s
1 ,144,973.48
1,480,574.50
859,350.93
487,954.85
24,307.58
356,511.58
352,856.28
$
4,706,529.20
$ 1,724,868.15
49,090.08
314,315.63
42,242.37
72,083.32
10,975.30
920.00
1,259,718.63
27,433.55
276,415.43
44,743.87
116,004.73
7,323.97
26,718.73
$ 3,972,853.76
$ 503,694.23
10,776.75
133,776.74
229.89
10,819.39
1,646.57
6,148.77
1,462.07
44,636.30
6,605.05
13,879.68 733,675.44
$ 4,706,529.20
. HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
,HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
apChkLst Final Check List . Page: 1
12/0912004 1:10:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
418 12/09/2004 000283 INSTATAX (IRS) Federal Income Taxes Payment 2,500.71 2.500.71
419 12/09/2004 000444 INSTATAX (EDD) State Income Taxes Payment 478.98 478.98
96386 12/09/2004 004918 A W DIRECT INC Supplies for Paramedic squad 398.68 398.68
96387 '2/09/2004 008394 ALBERTSON, RENEE Refund: Fee chg for temp use permit 97.00 97.00
96388 12/09/2004 006915 ALLlE'S PARTY EQUIPMENT Equip rental: Veterans Memorial 4,208.18
Equip rental: Japanese Garden dedica 1,353.32
Equip rental: Old Twn Christmas 1 ,226.32
Equip rental: Old Twn Christmas 388.24
Equip rental: ESG Mystery weekend 358.24
Equip rental: Halloween carnival 265.43
Equip rental: Old Twn Christmas 247.66 8,047.39
96389 12/09/2004 005713 ALZHEIMER'S ASSOCIATION Alzheimers booth sponsorship 500.00 500.00
96390 12/09/2004 004240 AMERICAN FORENSIC NURSES Oct-Nay DUI Screening 382.50
Credit: 435307 SIB billed to RVSD Co. -32.50 350.00
96391 12/09/2004 007280 AMERICAN MEDICAL RESPONS CPRlAED cards for fire paramedics 150.00 150.00
96392 12/09/2004 002187 ANIMAL FRIENDS OF THE VALL Refund: Fee chg for temp use permit 97.00 97.00
96393 12/09/2004 008386 ANIOL, KONRAD A Refund: Security Depst: CRC 12/10/0 165.00 165.00
96394 12/09/2004 000101 APPLE ONE INC. Temp help PPE 11/13 Wills 906.88
Temp help PPE 11/06 Wills 854.56
Temp help PPE 11/20 Wills 697.60
Temp help PPE 11/20 Kasparian 672.30
Temp Help Ppe 11/20 Buchanan 526.50 3,657.84
96395 12/09/2004 008393 ARNOLD. KRYSTA Refund: Cotillion. Sock Hop 6.00 6.00
96396 '2/09/2004 008062 ARROW STAFF RESOURCES, I Temp help PPE 11/14 Grove/Heer 2.626.69
Temp help PPE 11/28 Grove/Heer 2,389.37
Temp help PPE 11/21 Grove/Heer 2,389.37 7,405.43
Page:1
apChkLst Final Check List Page: 2
12/09/2004 1:10:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
96397 12/09/2004 001323 ARROWHEAD WATER INC Bottled wtr servs @ City Hall 348.04
Bottled wtr servs @ Mnte Fae 158.83
Bottled wtr servs @ CRG 92.20
Bottled wtr servs @ C.Museum 46.41
Bottled wtr servs @ City Hall 39.86
Bottled wtr servs @ T.Museum 26.16
Bottled wtr servs @ Skate Park 17.02
Bottled wtr servs @ Tee 11.47
Bottled wtr servs @ lES Pool 9.69 749.68
96398 12/09/2004 002648 AUTO CLUB OF SOUTHERN CA Membership: Jeff Grove 84339291 45.00 45.00
96399 12/09/2004 008387 BAKER, GLEN Refund: Security Depst: TCC 11/12/04 150.00 150.00
96400 12/09/2004 002713 BALLOONS GALORE Veterans Memorial balloons decoratio 329.71 329.71
96401 12/09/2004 003137 BARKERS FOOD MACHINERY S Refrigerator repairs: CAG 168.00 168.00
96402 12/09/2004 008395 BARRELS UNLIMITED INC. Old Town used whole oak barrels 416.88 416.88
96403 12/09/2004 008295 BASSETT SULLIVAN. JOE ESG Mystery Weekend performance 100.00 100.00
96404 12/09/2004 002541 BECKER CONSTRUCTION SRV Heavy rains damage street repairs 11,910.00
Low Flow damaged gate repairs 2,820.00 14,730.00
96405 12/09/2004 003984 BENOIT, VINCENT H,'....... Santa Claus: Old Town Christmas 500.00
Deduction: DA# 16-28-86 -187.50 312.50
96406 12/09/2004 005712 BINKY PATROL FY 04105 Comm Sves Funding Award 1,500.00 1,500.00
96407 12/09/2004 006721 BOISE CASCADE OFFICE Office Supplies: Finance 83.81
Office Supplies: Finance 64.53
Office Supplies: Finance 55.95
Credit returned merchandise:Finance -6.83 197.46
96408 12/09/2004 004380 BOY SCOUTS OF AMERICA FY 04105 Comm Svcs Funding Award 1,500.00 1,500.00
96409 12/09/2004 004380 BOY SCOUTS OF AMERICA FY 04105 Comm Svcs Funding Award 1,500.00 . 1.500.00
96410 12/09/2004 006930 BROWN, TAMMY Refund:Cotillion.Sock Hop 6.00 6.00
96411 12/09/2004 006908 C C & COMPANY INC D.T. Halloween entertainment 1.800.00
Mr & Mrs Claus Suit Rentals 879.19 . 2.679.19
Page2
apChkLst Final Check List Page: 3
12/09/2004 1:10:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
96412 12/09/2004 007629 C S LEGACY CONSTRUCTION I Sr 79 S. Sidewalk Improvements 553.50 553.50
96413 12/09/2004 000924 CALIF ASSOC OF PUBLIC Ann'l Conf:1/17-21/05:Vollmuth 400.00 400.00
96414 12/09/2004 001159 CALIF DEPT OF JUSTICE Fingerprinting 10 svcs:Police Dept 32.00 32.00
96415 12/09/2004 000502 CALIF MUNI STATISTICS CAFR Debt statement as of 6/30/04 400.00 400.00
96416 12/09/2004 004228 CAMERON WELDING SUPPLY Helium tanks refill:TCSD 28.40 28.40
96417 12/09/2004 005714 CAMP DEL CORAZON FY 04/05 Comm Svcs Funding Award 4,000.00 4,000.00
96418 12/09/2004 008392 CARBY, LEIGH Refund: Cotillion- Sock Hop 6.00 6.00
96419 12/09/2004 008069 CHIN, VIKKI Refund:Cotillion-Sock Hop 6.00 6.00
96420 12/09/2004 008385 CINEMA ENTERTAINMENT ALL Refund: Fee chg for temp use permit 344.00 344.00
96421 12/09/2004 000447 COMTRONIX OF HEMET Motorcycle squad radios repairs 75.43 75.43
96422 12/09/2004 005216 DEGAETANO, MONTSERRAT Refund:Cotillion- Sock Hop 6.00 6.00
96423 12/09/2004 004450 DENNIS A HIBBERTS PLUMBIN Repair toilet @ Fire Stn 84 377.50
Repair toilet @ Fire SIn 92 192.75 570.25
96424 12/09/2004 006150 DIALOGIC COMMUNICATIONS Emerg Notification Sys ann'] support 2,322.00 2,322.00
96425 12/09/2004 003945 DIAMOND ENVIRONMENTAL Portable Restrooms: Veteran 314.65
Portable restrooms:Halloween Camiva 116.56
Portable restrooms:C.Museum 114.95 546.16
96426 12/09/2004 004222 DIAMONDBACK FIRE & RESCU Fire & rescue equip: Throttle Cable 15.47 15.47
96427 12/09/2004 003610 DOMENOE, JIM Reimb: Mgmt Analyst Flash Drive 79.99 79.99
,
Page:3
apChkLsl Final Check List Page: 4
12/0912004 1:10:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
96428 12/0912004 004192 DOWNS COMMERCIAL FUELI Fuel for city vehicles: PW mnte 61353 793.31
Fuel for city vehicles: TCSD 61343 677.19
Fuel for city vehicles: Land D. 61345 607.13
Fuel for city vehicles: 8&8 61348 478.24
Fuel for city vehicles: Planning 61347 356.26
Fuel tor city vehicles: C1P 61351 224.21
Fuel for city vehicles: Trtfc 61953 204.02
Fuel for city vehicles: City Van 61349 84.45
Fuel for city vehicles: Land D. 61345 78.97
Fuel for city vehicles: TCSD 61343 45.83
Fuel for city vehicles: CIP 61863 39.05
Fuel for city vehicles: Police 61347 13.79 3,602.45
96429 '2/0912004 002528 EAGLE GRAPHIC CREATIONS I New employee glass mugs 50.64 50.64
96430 12/0912004 006002 ELWELL, JENNIFER Refund:Cotillion-Sock Hop 6.00 6.00
96431 12/0912004 002438 ENGEN CORPORATION Veteran's Memorial Geotech S 385.00 385.00
98432 12109/2004 005251 EQUIPMENT REPAIR SERVICE Repair PW backhoe 595.97 595.97
96433 1210912004 000478 FAST SiGNS Duck Pond closed for remodeling sig 250.92 250.92
96434 1210912004 000165 FEDERAL EXPRESS INC Express mail services 63.03 63.03
96435 1210912004 008064 FELDEN. DAHRIS Refund:Coti11ion-Sock Hop 12.00 12.00
96436 1210912004 000166 FIRST AMERICAN TITLE Lot Book Report: Okabayashi 75.00 75.00
Page:4
apChkLst Final Check List Page: 5
12109/2004 1:10:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
96437 12/09/2004 003347 FIRST BANKCARO CENTER
008397 BENJAMIN MEDIA INC. JS Reg:Udrgrnd Infrastructure Cl:.l2/ 495.00
007115 LIGHTHOUSE LODGE. LLC AE htl:CALBO Ann'l Mtg:l0/28-3O 490.23
003478 CLOUD 9 LIMOUSINE SERVICE GY Airpt Transp:Sister City-LAX 258.00
005531 BAILY WINE COUNTRY CAFE DU Rfrshmnts:Dept structure mtg 246.14
008027 ISLANDS TEMECULA GY Refreshments: Gift giving cammill 204.47
001060 HYATT RR HtI: SCAG Mtg:l1/11-12 176.05
008272 JOHNNY CARINO'S GY Refreshments:Team Pace Mtg 172.79
001060 HYATT RR Htl: SCAG lorecast:11/17-18104 164.76
004808 DINE IN DELIVERY GY Refreshments:City Business 153.91
000871 HILTON AE Htl:Access Tmg:1119-10104 142.55
007148 MARIE CALLENDER HP Refrshmnts:Theater Interviews 131.72
007023 HUNGRY HUNTER GY Refreshments:lnterview Panel Fire 90,09
007747 MIMI'S CAFE HP Refrshmnts: Sister Cities Mtg 64.85
000152 CALIF PARKS & RECREATION S HP CPRS Label rental 55.00
000170 FRANKLIN OUEST COMPANY I AE Day timer supplies - B&S 50.52
004432 ALBERTSONS GROCERY STOR GY Refreshments:Public Safety Expo 44.71
004980 RITZ CAMERA GY film processing: 15yr slide show 32.33
000854 URBAN LAND INSTITUTE GT Reg:ULI Dist. Mtg:11111104 30.00
008396 TAPEANDMEDIA.COM GY 3 pack Sony Compac Disc 25.61
007065 B & H PHOTO VIDEO INC GY computer disk for Citizen Corp 23.65
008398 ST REGIS MONARCH BEACH GR Parking:Econ & Strategy Sem:1111 10.00
RR bank charges 1.75 3,064.13
96438 12/09/2004 007576 FITZPATRICK, KELLY Refund:Cotillion-Sock Hop 6.00 6.00
96439 12/09/2004 005270 FLAGS UNLIMITED INC US Flags for Japanese Garden Dedica . 222.50 222.50
96440 12/09/2004 008391 FOSTER. JUDI Refund:2 Tennis- Beg.llnter. Jr. 31.67 31.67
96441 12109/2004 000170 FRANKLIN QUEST COMPANY I Day timer supplies. Finance 99.04 99.04
PageS
apChkLst
12/09/2004
1:10:32PM
Final Check List
CITY OF TEMECULA
Page: 6
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Description
Amount Paid
Check Total
Check # Date.
Vendor
96442 12/09/2004' 008390 GERKE, JON
. Refund: CotHlion- Sock Hop
6.00
6.00
96443 12/09/2004 000177 GLENNIES OFFICE PRODUCTS Office supplies: Police Dept
23.32
23.32
96444 12/09/2004 005947 GOLDEN STATE OVERNIGHT Express Mail Service: Fire Prevo
45.09
45.09
96445 12/09/2004 008245 GROVE. JEFF Reimb: Employee uniform purchase
157.32
157.32
96446 12/09/2004 005056 GUTIERREZ. BETH refrshmnts:lnterview panel/EE luncheo
190 .Q1
190.01
96447 12109/2004 000186 HANKS HARDWARE INC Hardware supplies: TCSD
Hardware supplies: PW 8t mnte
Hardware supplies:TCSD
Hardware supplies: CRG
Hardware supplies: Fire Prevo
Hardware supplies: TCSD
Hardware supplies: Tee
Hardware supplies: Sr. Center
1,044.95
472.21
288.51
222.11
. 147.54
141.71
37.10
14.03
2,368.16
96448 12109/2004 004525 HUMANSCALE CORPORATION Ergonomic supplies: Info Sys
Ergonomic supplies: Info Sys
1,103.19
635.95
1,739.14
96449 12/09/2004 004624 INFOPLACE USA Spark of Love Drive gih cards
1.000.00
1.000.00
96450 12/09/2004 002166 INGRAM ELECTRIC Troubleshoot Duck Pond lights
690.00
690.00
96451 12109/2004 001407 INTER VALLEY POOL SUPPLY I Pool sanitizing chemicals
76.29
76.29
96452 12/09/2004 007654 INTERACTIVE DESIGN
ArChitectural study: Old Town
2.068.00
2.068.00
96453 12/09/2004 004795 J B E S
Telephone Input Module:Pala Prk
685.00
685.00
96454 12/09/2004 008241 JOHN WEBER CONSTRUCTION Rei Retention: Japanese Garden
12.628.00
12,628.00
96455 12/09/2004 008389 JOHNSON, AMIE
Refund: Cotillion- Sock Hop
6.00
6.00
96456 12109/2004 000820 K R W & ASSOCIATES
Sept-Nay Plan check svcs
Tract No. 30264.8 calc wrong
7,560.00
210.00
7,770.00
96457 12/09/2004 005271 KARMA, VIVIAN
Refund:2 Cotillion-Sock Hop
12.00
12.00
Page:6
apChkLst Final Check List Page: 7
12/09/2004 1:10:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
96458 i 2/09/2004 001282 KNORR SYSTEMS INC Pool equip: 318N white tube 188.38 188.38
96459 12/09/2004 004024 KOCH HEATING & AIR CONDIT Resid impr prgm: Garcia, Albert 3,480.00
Sr Resid impr prgm: Bowman, D. 1,171.00 4,651.00
96460 12/09/2004 000209 L & M FERTILIZER INC PW Small Tools/Stn 73 Chains 893.77 893.77
96461 12/09/2004 000945 L P S COMPUTER SERVICE LJ 8550 Printer troubleshooting 125.00 125.00
96462 12/09/2004 006744 LAMAR CORPORATION, THE Billboard chg outs:Old Town 455.00 455.00
96463 12/09/2004 003726 LIFE ASSIST INC Supplies For Paramedic Squad 1,456.22
Supplies for Paramedic squad 584.95
Fire medical s~pplies: Hmld security 424.23 2,465.40
96464 12/09/2004 008388 LINDSAY, COURTNEY Refund: Cotillion- Sock Hop 12.00 12.00
96465 12/09/2004 003782 MAIN STREET SIGNS misc. signslhardware: PW Maint 745.09 745.09
96466 12/09/2004 004141 MAINTEX INC City Hall custodial supplies 446.89
CRC custodial supplies 351.94
Old Town custodial supplies 288.79
Parks custodial supplies 253.69 1.341.31
96467 12/09/2004 001967 MANPOWER TEMPORARY SER temp help wle 11/21 Hoof/Dankworth 1,162.40
temp helpw/e 11/14 Hoof/Dankworth 929.92 2.092.32
96468 12/09/2004 000217 MARGARITA OFFICIALS ASSN Nov Sports Prgm Officiating Svcs 2,030.00 2,030.00
96469 12/09/2004 000220 MAURICE PRINTERS INC CAFR document covers: Finance 758.56
CAFR tab dividers: Finance 410.53 1.169.09
96470 12/09/2004 008067 MAWBERRY, YVONNE Refund:Cotillion - Sock Hop 6.00 6.00
96471 12/09/2004 000944 MCCAIN TRAFFIC SUPPLY INC Traf. Poles/Mast Arms:Pech. P 1.204.56 1 ,204.56
96472 12/09/2004 006571 MELODY'S AD WORKS reimb expenses: Dickens holiday 685.83 685.83
96473 12/09/2004 007669 MILES, KATRINA TCSD Instructor Earnings 126.00
TCSD Instructor Earnings 42.00
TCSD Instructor Earnings 42.00 210.00
Page:7
apChkLst
12/09/2004
1:10:32PM
Final Check List
CITY OF TEMECULA
Page: 8
Bank; union UNION BANK OF CALIFORNIA
(Continued)
Description
Amount Paid
Check Total
Check # Date
Vendor
96474 12/09/2004 001384 MINUTEMAN PRESS
windowenvelopes:Finance
business cards: AlberVKurlowicz
business cards: HanhardVDekker
875.29
85.66
85.66
1.046.61
96475 12/09/2004 004534 MOBILE SATELLITE VENTURES Dec EOC stn satellite phone svcs
70.82
70.82
96476 12/09/2004 000883 MONTELEONE EXCAVATING
Remove silVdebrls: Vallejo Channel
Install Temp Fence:Nw Sport
Service Level "R" area's grading svc
5,800.00
4,900.00
920.00
11.620.00
96477 12/09/2004 004586 MOORE FENCE COMPANY
Res Impr Prgm: Ristau, Fred & Leoni
448.00
448.00
96478 12/09/2004 007860 MT SAN JACINTO COMMUNITY O.T. holiday pertormance 12/04/04
300.00
300.00
96479 12/09/2004 001986 MUZAK -SOUTHERN CALlFORN Dec Music Broadcast:Old Tow
64.86
64.86
96480 12/09/2004 006077 NTH GENERATION COMPUTIN engineering time for SAN support
405.00
405.00
96481 12/09/2004 002139 NORTH COUNTY TIMES
Nav internet ad for H.R. Dept.
50.00
50.00
96482 12/09/2004 003964 OFFICE DEPOT BUSINESS SVS mise office supplies: P.D. O.T. Stn
371.50
371.50
96483 12/09/2004 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Mainl Svcs
City Vehicle Repair/Maint Svcs
City Vehicle Repair/Maint Svcs
City Vehicle Repair/Maint Svcs
City Vehicle Repair/Maint SVGS
City Vehicle Repair/Maint Svcs
City Vehicle Repair/Maint Svcs
City Vehicle Repair/Maint SVGS
City Vehicle Repair/Maint Svcs
306.35
246.03
217.23
198.90
156.09
123.12
106.92
46.34
26.19
1,427.17
96484 12/09/2004 005819 ORANGE CO DA FAMILY SUPP supportpmt: 16-28-86
187.50
187.50
96485 12/09/2004 001171 ORIENTAL TRADING COMPANY TCSD special events supplies
TCSD special events supplies
TCSD special events supplies
406.34
281.20
123.85
811.39
96486 12/09/2004 008376 ORTIZ, MARIA Refund: Sec. Deposit: TCG
100.00
100.00
96487 12/09/2004 008378 P & R PRODUCTIONS Refund:!ee change for temp use perm
344.00
344.00
Page:8
apChkLst Final Check List Page: 9
.12/09/2004 1:10:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
96488 12/09/2004 005161 PAGEL. TERESA Refund:Cotillion - Sock Hop 6.00 6.00
96489 12/09/2004 004074 PARTY CITY OF TEMECULA IN High Hopes prgm supplies 122.31 122.31
96490 12/09/2004 000249 PETTY CASH Petty Cash Reimbursement 536.12 536.12
96491 12/09/2004 000249 PETTY CASH ee's of the year raeogn. awards 500.00 500.00
96492 12/09/2004 008068 PLANTIER. WENDI Refund:Cotillion - Sock Hop 6.00 6.00
96493 12/09/2004 005362 PONTARELLI, ANTHONY A. performance:ESG Mystery weekend 100.00 100.00
96494 12/09/2004 002185 POSTM!'.STER - TEMECULA postage for business license renewals 2,858.60 2.858.60
96495 12/09/2004 002185 POSTMASTER - TEMECULA annual p.o. box fee: Police 410.00 410.00
96496 12/09/2004 003697 PROJECT DESIGN CONSULTAN 8/9-9/5/04 Dsgn Svc:79s Medians 28,030.00
9/6-10/10/04 Dsgn Svc:79s Median 6,590.00 34,620.00
96497 12/09/2004 004529 QUAID TEMECULA HARLEY-DA Police motorcycles repair/maint svcs 3,092.89 3.092.89
96498 12/09/2004 002012 R D 0 EQUIPMENT COMPANY maint parts for PW back hoe 61.15
maint parts for PW back hoe 44.18 105.33
96499 12/09/2004 000981 R H F INC Police radar equip. repair/maint 64.68 64.68
96500 12/09/2004 002612 RADIO SHACK INC misc. supplies for 1.8. Dept 54.48 54.48
96501 12/09/2004 000262 RANCHO CALIF WATER DIST Various Water Meters 2.694.87
Various Water Meters 581.82
Various Water Meters 67.13 3.343.82
96502 12/09/2004 008381 RANCHO CHRISTMAS TREES Refund: temporary use permit 300.00 300.00
96503 12/09/2004 006738 RANCHO COMMUNITY CHURC Refund:fee change for temp use perm 97.00 97.00
96504 12/09/2004 000947 RANCHO REPROGRAPHICS Dupl Blueprints:Pech. Soundwall 28.84 28.84
96505 12/09/2004 004584 REGENCY LIGHTiNG various parks electrical supplies 230.93
C. Museum electrical supplies 57.67 288.60
Page:9
apChkLst
12/09/2004
1:10:32PM
Final Check List
CITY OF TEMECULA
Page: 10
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
96506 12/09/2004 000526 REGENTS OF UNIVERSITY OF General/Community Plans:l/6-3124/05
395.00
395.00
96507 12/09/2004 003591 RENES COMMERCIAL MANAGE weed spraying:City owed properties
7,775.00
7.775.00
96508 12/09/2004 004498 REPUBLIC ELECTRIC Oct On-Call Traffic Signal Maint Svc
2,217.81
2,217.81
96509 12/09/2004 000267 RIVERSIDE CO FIRE trench rescue training:2/23-24/05
100.00
100.00
96510 12/09/2004 000406 RIVERSIDE CO SHERIFFS DEP 9/16-10/13104:lawenforcement
832,194.50
832,194.50
96511 12/09/2004 000406 RIVERSIDE CO SHERIFFS DEP Oct 04 booking fees
11,150.40
11,150.40
96512 12/09/2004 003587 RIZZO CONSTRUCTION INC
Repair broken window:City Hall
1,200.00
1,200.00
96513 12/09/2004 006555 S B C PACIFIC BELL
annual maint on Cisco Routers
2,400.71
2,400.71
96514 12/09/2004 004598 S T K ARCHITECTURE INC
Oct dsgn svc: Wolf Crk Fire Stn
Oct Dsgn Sves: Wolf Crk Fire S
8,973.57
405.00
9,378.57
96515 12/09/2004 005018 SACHER. SUZANNE L.
TCSD Instructor Earnings
96.00
96.00
96516 12/09/2004 008384 SAFF2NAY INC
Spark/Love toy drive gift cards
1,000.00
1,000.00
96517 12/09/2004 004562 SCHIRMER ENGINEERING COR Oct plan check srvcs:Fire prev
6,500.00
6,500.00
96518 12/09/2004 008327 SEAWEST STUDIOS INC partial pmVconstruct 2 gates: C.Museu
5,000.00
5,000.00
96519 12/09/2004 008377 SHARED SERVICE CENTER Refund: fee change for temp use perm
344.00
344.00
96520 12/09/2004 004814 SIMON WONG ENGINEERING 1 Oct Dsgn Svcs: Main Street B
5,129.00
5.129.00
96521 12/09/2004 000645 SMART & FINAL INC
ee recognition supplies
High Hopes prgm supplies
TCSD special events supplies
209.92
155.52
60.35
425.79
Page:l0
apChkLst
12109/2004
Final Check List
CITY OF TEMECULA
1:10:32PM
Page: 11
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Check Total
96522 12/09/2004 000537 SO CALIF EDISON
Nov 2-00-397-5042 City Hall
Nov 2-02-502-8077 Maint Fac
Oct 2-19-683-3263 various mtrs
Nav 2-00-397-5067 various mtrs
Dee 2-10-331-2153 TCC
Nov 2-22-575-0876 O.T. Front St.
Nov 2-18-528-9980 Santiago Rd
96523 12/09/2004 001212 SO CALIF GAS COMPANY Nov091-085-1632-0T.E.S. Pool
96524 12/09/2004 000282 SO CALIF MUNICIPAL ATHLETI annual mbrshp dues: McCarthy 1788
annual mbrshp dues: Willcox 1792
annual mbrshp dues: ,Parker 635
96525 12/09/2004 000519 SOUTH COUNTY PEST pest control svcs: City Hall
pest control sves: T. Museum
pest control Bves: Maint Fac
pest control Bves: C. Museum
pest control Bves: Tee
pest control Bves: Wedding ChpJ
pest control Bves: MPSC
96526 12/0912004 007851 SOUTHCOAST HEATING & AIR HVAC Repairs: CRC
HY AC repairs: CRC
96527 12/09/2004 000293 STADIUM PIZZA
refreshments: O.T. wreath decorating
96528 12/09/2004 004420 STATE COMP INSURANCE FUN November 04 Workers' Comp Premi
96529 12/09/2004 003000 STATE WATER RESOURCES
StOlTIl water permitW.C.Sprts Cmplx
96530 12/09/2004 003000 STATE WATER RESOURCES
Storm water permit: Library prjt
96531 12109/2004 006145 STENO SOLUTIONS TRANSCRI Novtranscription svcs: Police
96532 12/09/2004 004247 STERICYCLE INC Paramedic med waste disposal Bve
96533 12/09/2004 000465 STRADLEY. MARY KATHLEEN TCSD Instructor Earnings
TCSD Instructor Earnings
96534 12109/2004 004221 SUSAN G KOMEN INLAND VAL Refund:fee change for temp use perm
96535 12109/2004 000305 TARGET STORE Spark/Love toy drive gift cards
Amount Paid
5.544.20
1,467.46
1,131.61
955.73
596.84
272.76
48.82
14.30
50.00
50.00
50.00
56.00
42.00
40.00
36.00
36.00
32.00
29.00
140.00
70.00
65.94
48,098.23
521.00
356.00
1,601.12
94.60
580.00
288.00
344.00
1,000.00
10,017.42
14.30
150.00
271.00
210.00
65.94
48.098.23
521.00
356.00
1.601.12
94.60
868.00
344.00
1,000.00
Page:11
apChkLsl Final Check List Page: 12
12/09/2004 1:10:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
96536 12/09/2004 000305 TARGET STORE TCSD special events supplies 119.20
TCSD special events supplies 89.91
TCSD special events supplies 54.90
MPSC recreation supplies 44.94 308.95
96537 12/09/2004 006465 TEMECULA AUTO REPAIR Paramedic vehicle repair/maint Bves 1.323.60 1,323.60
96538 12/09/2004 006914 TEMECULA COPIERS INC. Copier supplies for Copy elr 42.02 42.02
96539 12/09/2004 005412 TEMECULA GARDEN & POWER small equip repair/maint: PW Maint 28.00 28.00
96540 12/09/2004 000515 TEMECULA V ALLEY CHAMBER Refund:fee change for temp use perm 1 ,528.00 1,528.00
96541 12/09/2004 000306 TEMECULA VALLEY PIPE & SU various parks irrigation supplies 526.91' 526.91
96542 12/09/2004 003067 TEMECULA V ALLEY R V SERV Police Command elr repair/maint 366.87 366.87
96543 12/09/2004 000977 TEMECULA V ALLEY SPECIAL Community Service Funding Award 2,000.00 2,000.00
96544 12/09/2004 000919 TEMECULA VALLEY UNIFIED S Oct City vehicle fuel usage 55.45 55.45
96545 12/09/2004 008379 THEATER FOUNDATION. THE Refund:fee change for temp use perm 344.00 344.00
96546 12/09/2004 003031 TRAFFIC CONTROL SERVICE I barricades for various parks 424.54
traffic control supplies: PW Maint 45.26 469.80
96547 12/09/2004 002702 US POSTAL SERVICE Postage meter deposit 2,825.25 2,825.25
96548 12/09/2004 004504 V AIL RANCH SELF STORAGE doc. removal from storage:Rcrds Mgrn 145.75 145.75
96549 12/09/2004 006398 VALUE MANAGEMENT STRATE Nov Consultant Svcs:F.V.Pk 947.41 947.41
96550 12/09/2004 004261 VERIZON Nav xxx-9897 general usage 90.10 90.10
96551 12/09/2004 004789 VERIZON INTERNET SOLUTION Internet svcs: xx0544 72.35 72.35
96552 12/09/2004 004789 VERIZON INTERNET SOLUTION Internetsvcs: xx7411 72.35 72.35
Page:12
apChkLsl
12/09/2004
1:10:32PM
Final Check List
CITY OF TEMECULA
Page: 13
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Description
Amount Paid Cheek Tolal
12.00 12.00
912.28 912.28
1,000.00 1,000.00
1,610.00 1.610.00
65.00 65.00
6.00 6.00
3,500.00 3,500.00
194.40 194.40
Cheek # Dale
Vendor
96553 12/09/2004 008380 VOLM. LISA Refund:Cotillion - Sock Hop
96554 12/09/2004 001890 VORTEX DOORS garage doorrepair/maint: Fire Stn B4
96555 12/09/2004 007987 WALMART Spark/Love toy drive gift cards
96556 12/09/2004 003730 WEST COAST ARBORISTS INC Oct Citywide tree trimming svcs
96557 12/09/2004 008382 WILLIAM HODGSON FML Y LMT Refund: dupl NSF payment
96558 12/09/2004 008070 WILLIAMS. LORENA Refund:Colillion - Sock Hop
96559 12/09/2004 004829 WILSON GROUP LLC, THE Dee State lobbyist svos for City issues
96560 12/09/2004 000348 ZIGLER. GAIL ReimbursementTree Lighting 12/6
Grand lotallor UNION BANK OF CALIFORNIA:
1,144,973.48
Page:13
apChkLsl Final Check List Page: 1
12/16/2004 2:56:21 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
420 12/16/2004 000444 INSTATAX (EOD) State Disability Ins Payment 17,030.26 17,030.26
421 12/16/2004 000283 INSTATAX (IRS) Federal Income Taxes Payment 64,922.66 64.922.66
422 12/16/2004 001065 NATIONWIDE RETIREMENT SO Nationwide Retirement Payment 19.092.15 19,092.15
423 12/16/2004 000246 PERS (EMPLOYEES' RETIREME PERS ER Paid Member Cantr Pmt 89,502.63 89.502.63
424 12/16/2004 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 2.726.60 2,726.60
96561 12/14/2004 000305 TARGET STORE Spark of Love toys/gift certificates 3.000.00 3.000.00
96562 12/16/2004 004594 2 HOT ACTIVEWEAR Sprts prgm prizes: Gildan T-shirts 57.11
Sprts prgm prizes: Gildan t-shirts 50.64 107.75
96563 12/16/2004 004973 ABACHERLI, LINDI leSO instructor earnings 374.40
leSO instructor earnings 141.84 516.24
96564 12/16/2004 004240 AMERICAN FORENSIC NURSES Dee stand by DUI Screening svcs 500.00 500.00
96565 12/16/2004 004446 AMERICAN SOCIETY OF CIVIL Membership: Steve Beswick 354626 240.00 240.00
96566 12/16/2004 008279 AMERICOMP INFOSYSTEMS I Misc. Computer Supplies: IS 75.43 75.43
96567 12/16/2004 002187 ANIMAL FRIENDS OF THE VALL Nav Animal control services 8,750.00 8,750.00
96568 12/16/2004 000101 APPLE ONE INC. Temp help PPE 11/27 Wills 906.88
Temp help PPE 11/27 Buchanan 324.00
Temp help PPE 12/04 Mason 57.38 1 ,288.26
96569 12/16/2004 008062 ARROW STAFF RESOURCES, I Temp help PPE 1215 Grove/Hear 2,789.96 2,789.96
96570 12/16/2004 005335 ARTIST TOUCH STUDIO Sister City Gift - framed photo 283.90 283.90
96571 12/16/2004 003203 ARTISTIC EMBROIDERY Info System Staff jackets 124.99 124.99
96572 12/16/2004 002648 AUTO CLUB OF SOUTHERN CA Membership: Ryan,Patrick 53956093 45.00 45.00
Page:l
apChkLst Final Check List Page: 2
12/16/2004 2:56:21 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
96573 12/16/2004 004778 BERRYMAN & HENIGAR INC Nav temp 8&8 inspector help: Grance 7,500.00 7,500.00
96574 12/16/2004 000128 BROWN & BROWN OF CALIF. I 04.05 Insurance policy renewal 208,514.50
04-05 Insurance policy renewal 65.547.88 274,062.38
96575 12/16/2004 003138 CAL MAT PW patch truck materials 1.846.95 1,846.95
96576 12/1612004 000790 CALIF OEPT OF PESTICIOE Certificate renewal: K.Harrington 60.00 60.00
96577 12/16/2004 000790 CALIF DEPT OF PESTICIOE Certificate renewal:D.Camberos 60.00 60.00
96578 12/16/2004 008411 CALIF DEPT OF REHABILlTATI Refund: Massage establishment 496.00 496.00
96579 12/16/2004 002534 CATERERS CAFE Refreshments: Breakfast w/Santa 2,670.00 2,670.00
96580 12/16/2004 000137 CHEVRON USA INC Police motorcycle fuel expense 527.88
eM vehicle fuel expense 80.90 608.78
96581 12/16/2004 004405 COMMUNITY HEALTH CHARI Community Health Charities Payment 158.00 158.00
96582 12/16/2004 002756 COMPLETE EMBROIOERY OES Embroidered baseball caps for PD 323.25 323.25
96583 12/1612004 000442 COMPUTER ALERT SYSTEMS Jan/FeblMar Alarm monitoring SVCS 1.659.00 1,659.00
96584 12/16/2004 001923 CONVERSE CONSULTANTS Aug-Sept Geo Testing: Jefferson 751.00 751.00
96585 12/16/2004 003739 COTTON BRIDGES ASSOCIATE OCI-Nav consultant update general pin 5.460.30 5,460.30
96586 12/16/2004 006954 CRAFTSMEN PLUMBING & HV A Plumbing repairs @ CRG 219.16
Plumbing repairs @ City Hall 191.43 410.59
96587 12/1612004 004123 D L PHARES & ASSOCIATES Dee Lease/earn Chrgs:Police 2.086.14 2,086.14
96588 12/16/2004 008413 D'SOUZA, NEIL Refund: Security DepstMPSC 100.00 100.00
96589 12/16/2004 001393 DATA TICKET INC Oct prkg citation processing svcs 306.00
Oct prkg citation processing svcs 200.00 506.00
96590 12/16/2004 007057 DERNBACH. ESTHER MARIE TCSD instructor earnings 604.80
TCSD instructor earnings 504.00 1.108.80
Page2
apChkLst Final Check List Page: 3
12/16/2004 2:56:21 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
96591 12/16/2004 003945 DIAMOND ENVIRONMENTAL Portable Restroom: Bttrild Stage Prk 77.48
Portable Restroom:Riverton Prk 57.48
Portable Restroom:Veterans Prk 57.48
Portable Restroom:Lg Canyon Prk 57.48
Portable Restroom:Vail Ranch Prk 57.48
Credit: Items returned: Bttrfd Stage Pk -20.00 287.40
96592 12/16/2004 002701 DIVERSIFIED RISK Nav special events premiums 1,603.16 1,603.16
96593 12/16/2004 004192 DOWNS COMMERCIAL FUELI Fuel for city vehicles: Gode Enf 61384 32.99 32.99
96594 12/16/2004 002577 ENGINEERING RESOURCES Sept-Oct svcs:Wolf Creek Storm Drain 196.00 196.00
96595 12/16/2004 000164 ESGIL CORPORATION Nov B&S Plan Check sves 26,009.57 26.009.57
96596 12/16/2004 006487 EUROPEAN CAFE & VINEYARD Refreshments:4th Otr ae luncheon 3,237.89
RefreshmentCouncil closed session 202.03 3,439.92
96597 12/16/2004 001056 EXCEL LANDSCAPE Oct Idscp mntc: Sports Parks 32.219.00
Oct Idscp mntc: South Slopes 25.731.00
Oct Idscp mntc: North Slopes 22,173.00
Oct ldscp mntc: Medians 6.924.00
Oct Idscp mntc: City Facilities 6.686.00
Oct Idscp impr: Slope Area 2.308.00
Oct Idscape impr: Slope Area 1,933.98
Irrigation Repairs: Slopes 1,847.37
Oct Idscp impr: Santiago Rd 950.00
Oct Idscp impr: Sports Park 675.00
Oct Idscp impr: Slope Area 550.00
Oclldscp impr: Vail Ranch 502.00
Oct Idscp impr: Slope Area 454.35
Oct Idscp impr: Mntc Fac. 408.00
Oct Idscp impr: Old Town 360.00
Oct Idscp impr: Sports Park 350.00
Oct Idscp impr: Medians 288.00
Oct Idscape impr: Slope Area 225.00
Irrigation repairs: TCC 177.90
Oct Idscp impr: Slope Area 72.00 104,834.60
96598 12/16/2004 000165 FEDERAL EXPRESS INC Express mail services 21.00 21.00
96599 12/16/2004 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00
96600 12/16/2004 000795 FRED PRYOR SEMINARS/CARE Trng:Managing Priorities:01/12:Casey 149.00 149.00
Page::!
apChkLsl Final Check List Page: 4
12/16/2004 2:56:21 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
96601 12/16/2004 004944 FULLCOURT PRESS Business license applications printing 1.516.65 1.516.65
96602 12/16/2004 007866 G C S SUPPLIES INC computer printer toner supplies 705.07
computer printer toner supplies 337.74 1.042.81
96603 12/16/2004 003946 G T ENTERTAINMENT Me for breakfast w/Santa 250.00
Me for Holiday tree lighting ceremony 50.00 300.00
96604 12/16/2004 004514 G T S I CORP 8-Panasonic 18" tablet pes 41,049.39 41,049.39
96605 12/16/2004 000177 GLENNIES OFFICE PRODUCTS Office Supplies: Land Devel. 771.72
Shelving for T. Museum 538.48
Office Supplies: Planning 523.99
Office Supplies: Finance 432.62
Office Supplies: City Manager 346.39
Office Supplies: Fire Dept 233.84
Office Supplies: Human Resources 190.13
Office Supplies: Info System 181.99
Office Supplies: Bldg & Safety 179.19
Office Supplies: Sr. Center 158.31
Office Supplies: RDA/Low-Mod 108.95
Office Supplies: TCSD 107.13
Office Supplies: Central Sves 102.50
Office Supplies: Records Mgmt 34.44
Office Supplies: City Clerk 26.91 3,936.59
96606 12/16/2004 005947 GOLDEN STATE OVERNIGHT Express Mail Service: Fire Prevo 27.39 27.39
96607 12/16/2004 008409 GOLOVICH, MICHAEL Refund: Overpmt of Bldg fees 70.20 70.20
96608 12/16/2004 000175 GOVERNMENT FINANCE OFFI Applic Fee:Excellence in Financial Rp 550.00 550.00
96609 12/16/2004 000186 HANKS HARDWARE INC Hardware supplies:T.& C.Museums 136.89 136.89
96610 12/16/2004 002372 HARMON. JUDY TCSD instructor earnings 151.20 151.20
96611 12/16/2004 008412 HIGGINS, CORBIN Refund: Ovrpmt-Temp use permit 97.00 97.00
96612 12/16/2004 001013 HINDERLITER DE LLAMAS & AS 4th Qtr Sales tax & recovery srvcs 13.933.74 13.933.74
96613 12/16/2004 003624 HOWELL. ANN MARIE New tourism ad for existing publication 452.55 452.55
Page:4
apChkLst Final Check List Page: 5
12/16/2004 2:56:21 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
96614 12/16/2004 004525 HUMANSCALE CORPORATION Ergonomic supplies: CIP 228.65 228.65
96615 12/16/2004 001060 HYATT HtI:CAPPO Conf:1/17-21:M.Vollmuth 430.08 430.08
96616 12/16/2004 000194 I C M A RETIREMENT TRUST 45 I C M A Retirement Trust 457 Pmt 7,328.62 7,328.62
96617 12/16/2004 006924 INTL MUNiCIPAL SIGNAL Membership: Richard Uribe 21276 60.00 60.00
96618 12/16/2004 001186 IRWIN,JOHN TCSD instructor earnings 476.00 476.00
96619 12/16/2004 004795 J B E S Telephone 1 yr. Contract: Pala Prk 360.00 360.00
96620 12/16/2004 004908 JIFFY LUBE 1878 City Vehicle Repair/Maint Sves 33.79 33.79
96621 12/16/2004 003046 K FRO G 95.1 FM RADIO Radio broadcasting: Summer Nights 696.00 696.00
96622 12/16/2004 002424 KELLEY DISPLAY INC Car show banners cleaning/date chg 1.404.91 1,404.91
96623 12/16/2004 001091 KEYSER MARSTON ASSOCIAT Nav affordable housing consulting svc 13,365.02 13,365.02
96624 12/16/2004 001719 L P A INC Nav prof. SVCS: Library project 3,443.45 3,443.45
96625 12/16/2004 006744 LAMAR CORPORATION. THE Dee billboard advertising: Old Town 2,700.00 2,700.00
96626 12/16/2004 008410 LAMB'S FELLOWSHIP Refund: Security Deposit CRe 100.00 100.00
96627 12/16/2004 003286 LIBRARY SYSTEMS & SERVICE Nav svcs-library system agrmnt 10,028.00
Nav svcs-library system agnnnt 1,268.68 11.296.68
96628 12/16/2004 008414 LICITRA, ALDO Reimb:Arrest-Search-Seizure: 12J6~1 0 100.00 100.00
96629 12/16/2004 004697 LOWES HIW INC Mise hardware supplies: Fire 304.11
Mise hardware supplies: Fire 167.83 471.94
96630 12/16/2004 004087 LOWES INC Mise Hardware Suppfies: eRC 192.31
Mise hardware supplies: TCSD 133.06 325.37
96631 12/16/2004 004776 M P SIGNS vehicle renumberinglstriping:Fire Prev 734.00 734.00
PageS
apChkLsl Final Check List Page: 6
12/16/2004 2:56:21 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
96632 12/16/2004 004141 MAINTEX INC custodial supplies: City Hall 276.14 276.14
96633 12/16/2004 001967 MANPOWER TEMPORARY SER temp help w/e 11/28 HooflDankworth 697.44 697.44
96634 12/16/2004 000220 MAURICE PRINTERS INC printing svcs:Temecula newsletter 5,634.25 5.634.25
96635 12/16/2004 000944 MCCAIN TRAFFIC SUPPLY INC traffic poles/mast arms:Muirfield/Pech. 14.636.44 14,636.44
96636 12/16/2004 006571 MELODY'S AD WORKS Old Town holiday promotion SVCS 3.000.00 3,000.00
96637 12/16/2004 007210 MIDORI GARDENS Nav ldscp maint: neighborhood prks 30,000.00
install shrubs/tree @ Butterfield Park 314.00
irrigation repairs: Rotary Park 119.98
irrigation repairs: Vail Ranch Park 83.42 30.517.40
96638 12/16/2004 001384 MINUTEMAN PRESS business cards; M. Allen 114.86
business cards: B. Beers 114.86
business cards: K. Harrington 114.86
business cards: B. Deyo 114.86
business cards: T. Arborgast 114.86 574.30
96639 12/16/2004 000883 MONTELEONE EXCAVATING remove siltldebris:DePortola Channel 9,850.00
install fence: Pechanga Pkwy Ph liB 600.00 10,450.00
96640 12/16/2004 001214 MORNINGSTAR PRODUCTION announcer for holiday parade: 12/1 0 1.300.00 1,300.00
96641 12/16/2004 004898 NEIGHBORHOOD HEALTHCAR Community Service Funding Award 5,000.00 5,000.00
96642 12/16/2004 008407 NELSON, GAIL Refund:Sec.Deposit:TCC 150.00 150.00
96643 12/16/2004 002139 NORTH COUNTY TIMES Nov holiday ads: TCSD/RDA 1,862.06
Nov public ntcs:City ClerklPW/PJn 702.90 2,564.96
96644 12/16/2004 002292 OASIS VENDING coffeelkitchen supplies: City Hall 258.60
coffeelkitchen supplies: Maint Fac 51.72 310.32
96645 12/16/2004 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs 231.24
City Vehicle Repair/Maint Svcs 151.22
City Vehicle Repair/Maint Svcs 65.00
City Vehicle Repair/Maint Svcs 49.95
City Vehicle Repair/Maint Svcs 49.95 547.36
96646 12/16/2004 002668 OMEGA LAKE SERVICES Nov Duck Pond water maint. svcs 620.00 620.00
Page:6
apChkLst Final Check List Page: 7
12/16/2004 2:56:21 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
96647 12/16/2004 008406 ONARECKER, SHASTA M Refund:Sec. DepositCRC 12/2 100.00 100.00
96648 12/16/2004 000472 PARADISE CHEVROLET CADI 2005 Chevy Trailblazer:PW 27,208.87
2005 Chevy Impala:B&S Dept 17,457.78 44.666.65
96649 12/16/2004 002099 PASCOE MANAGEMENT LLP Dee lease:Old town restroom 826.00 826.00
96650 12/16/2004 004538 PAULEY EQUIPMENT COM PAN equipment repairs: TCSD Maint 292.10
parts for equip repairs: TCSD Maint 119.98 412.08
96651 12/16/2004 001958 PERS LONG TERM CARE PROG PERS Long Term Care Payment 288.55 288.55
96652 12/16/2004 000249 PETTY CASH Petty Cash Reimbursement 634.62
Petty Cash Reimbursement 222.07 856.69
96653 12/16/2004 000253 POSTMASTER Express Mail & Postal SVC5 80.95 80.95
96654 12/16/2004 000254 PRESS ENTERPRISE COM PAN Old Town holiday ads for RDA 342.00 342.00
96655 12/16/2004 002176 RANCHO CALIF BUS PRK ASSN Jan-Mar Business Park Dues: Diaz 1,948.77
Jan-Mar Business Park Dues: C.H. 1,417.29
Jan-Mar Bus.Prk Dues:C.H. Adj Prop 1.169.26 4,535.32
96656 12/16/2004 000262 RANCHO CALIF WATER DIST Various Water Meters 5,236.43
Various Water Meters 3,838.93
Various Water Meters 65.58 9.140.94
96657 12/16/2004 006738 RANCHO COMMUNITY CHURC Refund:Bldg permit31352 RComm. 110.00 110.00
96658 12/16/2004 004584 REGENCY LIGHTING electrical supplies: Parks 318.34
electrical supplies: Parks 105.51
electrical supplies: CRG 98.70
electrical supplies: T. Museum 57.67 580.22
96659 12/16/2004 006408 REYNOLDS, AMY Refund:Sec. DepositCRC 10/26/04 100.00 100.00
96660 12/16/2004 000352 RIVERSIDE CO ASSESSOR Nov Assessor Maps: B&S Dept 3.00 3.00
96661 12/16/2004 000353 RIVERSIDE CO AUDITOR Oct parking citation assessments 1,690.50 1,690.50
96662 12/16/2004 000873 ROBERTS, RONALD H. reimb;Nat'l League Cf:11/30.1214 44.62 44.62
96663 12/16/2004 002226 RUSSO, MARY ANNE TCSD Instructor Earnings 776.00 776.00
Page:?
apChkLst Final Check List Page: 8
12/1612004 2:56:21PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
96664 12/16/2004 007113 RYLE, SHEILA H. TCSD Instructor Earnings 1,108.80
TCSD Instructor Earnings 403.20
TCSD Instructor Earnings 100.80 1.612.80
96665 12/16/2004 000277 S & S ARTS & CRAFTS INC TCSD special event supplies 119.67
Credit: Items returned -11.98 107.69
96666 12/16/2004 005227 SAN DIEGO COUNTY OF Support Payment Case # DF099118 25.00 25.00
96667 12/16/2004 006815 SAN DIEGO. COUNTY OF Support Payment Account # 58109502 12.50 12.50
96668 12/16/2004 008405 SHAFFER POOLS INC Refund: overpayment of fees 72.00 72.00
96669 12/16/2004 008281 SIGN-A-RAMA Fac Imprv Prgm: Art Diaspora 1,636.72 1,636.72
96670 12/16/2004 000645 SMART & FINAL INC supplies for holiday parade 136.78
MPSC Recreation Supplies 83.48
CRG Teen Program Supplies 74.77 295.03
96671 12/16/2004 000537 SO CALIF EDISON Dee 2-01-202~7330 City street lamps 38,621.88
Dee 2-01-202-7603 various mtrs 16,187.98
Nav 2-00-397-5059 various mtrs 9,390.01
Nav 2-05-791-8807 Nov 4,737.89
Dee 2-00-987-0775 Vail Ranch 4,655.72
Dee 2-02-351-5281 CRC 4,187.71
Dee 2-06-105-0654 various rntrs 2,603.07
Dee 2-20-798-3248 C. Museum 1,065.77
Dee 2-10-331-1353 Fire Stn 84 852.71
Nav 2-24-151-6582 various mtrs 144.88 82,447.62
96672 12/16/2004 000519 SOUTH COUNTY PEST bee pest control svcs: Maint Fac 84.00 84.00
96673 12/16/2004 000293 STADIUM PIZZA refreshments:Duck Pond tree lighting 77.33 77.33
96674 12/16/2004 008337 STAPLES BUSINESS Misc office supplies: Finance 206.71 206.71
96675 12/16/2004 004221 SUSAN G KOMEN INLAND VAL 2004 Sponsorship:Race for the Cure 25,000.00 25,000.00
96676 12/16/2004 006465 TEMECULA AUTO REPAIR Fire Prev vehicle repair/maint svcs 103.95 103.95
96677 12/16/2004 006914 TEMECULA COPiERS INC. Nov copier usage chrgs:City Facilities 4,558.59 4,558.59
Page:8
apChkLst
12/16/2004
Final Check List
CITY OF TEMECULA
2:56:21 PM
Page: 9
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Description
Vendor
96678 12/16/2004 000168 TEMECULA FLOWER CORRAL Sunshine Fund
96679 12/16/2004 005633 TEMECULA MIDDLE SCHOOL pertormance:O.T. holiday:12/11/04
96680 12/16/2004 004274 TEMECULA VALLEY SECURITY locksmith svcs: City HalllT. Museum
96681 12/16/2004 003140 TEMECULA VALLEY TAEKWON TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
96682 12/16/2004 003858 TOM RONEY ROOFING Refund:overpayment of fees:29762
Refund:overpayment of tees:29760
96683 12/16/2004 007433 TOVEY SHULTZ CONSTRUCTIO Prgs pmt #8: Community Theater
stop ntc:C.E.D.lComm. Theater prjt
96684 12/16/2004 006192 TRIST AFF GROUP temp help w/e 11/07 LonglTidwell
temp help w/e 11/21 LongITidwell
temp help w/e 11/14 LonglTidwell
96685 12/16/2004 002706 US POSTAL SERVICE AIS viewer carrier route subseT
96686 12/16/2004 007766 UNDERGROUND SERVICE ALE Dee Udrgmd svcs alert tickets:PW
96687 12/16/2004 004981 UNISOURCE SCREENING &
11/16-30/04 bckgrnd screening svc
96688 12/16/2004 000325 UNITED WAY
United Way Charities Payment
96689 12/16/2004 004794 V ALLEY WINDS COMMUNITY B pertormance:O.T. holiday 12/11/04
96690 12/16/2004 003665 VARTEC SOLUTIONS INC
Nov long distance phone SVCS
96691 12/16/2004 006941 VERISIGN INC.
Payflow Pro Pricing svcs:Safari Sys.
Amount Paid
Check Total
129.20
150.00
33.47
60.00
60.00
40.00
40.00
40.00
25.00
20.00
19.60
19.60
343.947.15
-4,162.84
1,425.13
1.323.40
1,063.40
50.00
96.60
96.00
213.00
150.00
25.05
850.00
129.20
150.00
33.47
285.00
39.20
339,784.31
3,811.93
50.00
96.60
96.00
213.00
150.00
25.05
850.00
Page:9
apChkLst
12/16/2004
Final Check List
CITY OF TEMECULA
2:56:21 PM
Page: 10
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Description
Amount Paid
Check Total
Vendor
96692 12/1612004 004261 VERIZON
Dee xxx-5072 general usage
Nav xxx-5509 general usage
Nav xxx-1540 general usage
Dec xxx-1941 PT A CD TT ACSD
Dee xxx-3851 general usage
Nav xxx.1999 general usage
Nov xxx-2629 Naggar
Nov xxx-0049 general usage
4,662.71
147.49
90.10
58.03
39.98
37.40
29.29
28.22
96693 12/16/2004 004279 VERIZON CALIFORNIA INC.
Nav access-CRG phone line
Nav access-C. Museum phone line
348.48
292.72
96694 12/16/2004 004789 VERIZON INTERNET SOLUTION Internet svcslEOC backup @ sIn 84
72.35
96695 12/16/2004 004864 VINEYARD OF THE NEW WINE- Community Service Funding Award
5,000.00
96696 12/16/2004 002658 VOLLMUTH, MARY ee computer loan prgm
1,174.47
96697 12/16/2004 003063 WEAVER PACIFIC PUBLlCATI 2005 Official Visitors Guide wls
5,226.00
9669B 12/1612004 003730 WEST COAST ARBORISTS INC Nov Citywide tree trimming svcs
12,000.00
96699 12/16/2004 000621 WESTERN RIVERSIDE COUNC Nov '04 TUMF fees
86,43B.43
96700 12/16/2004 008402 WESTERN RIVERSIDE COUNT Nov 2004 MSHCP payment
4,953.00
96701 12/16/2004 002109 WHITE CAP INDUSTRIES INC Misc supplies for PW Mainl Div
12.95
96702 12/16/2004 003932 WOODSIOE HOMES OF CALIF I Refund: Eng. Deposit: TM29798-7
1,030.00
96703 12116/2004 003776 ZQLL MEDICAL CORPORATION defibrillator paddles/sensor:Paramedic
1,816.47
Grand total for UNION BANK OF CALIFORNIA:
5,093.22
641.20
72.35
5,000.00
1,174.47
5.226.00
12,000.00
86,438.43
4,953.00
12.95
1,030.00
1,816.47
1,4BO,574.50
Page:l0
apChkLsI Final Check List Page: 1
12/22/2004 8:23:59AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
96704 12/22/2004 001587 AMERICAN PUBLIC WORKS AS 2005 membership dues: G. Butler 152.50 152.50
96705 12/22/2004 001823 ATKINSON, DAVID MICHAEL Ctd 88.12 reimbursement 192.48 192.48
96706 12/22/2004 004855 BABER, GABRIELE TCSD instructor earnings 294.40
TCSD instructor earnings 192.00 486.40
96707 12/22/2004 003984 BENOIT, VINCENT H......... Santa Claus: Old Town Holiday 500.00
Deduction: DA# 16-28-86 -187.50 312.50
96708 12/22/2004 006908 C C & COMPANY INC D.T. holiday entertainment 750.00
Marionette show:12/12:0.T. holiday 600.00
Santa Claus suit rental: MPSC 150.00 1.500.00
96709 12/22/2004 008422 CHAVEZ, SANDRA refund:sec. deposit:CRC 11/28/04 100.00 100.00
96710 12/22/2004 008421 CHENG, LEONILA refund: room rental/sec. deposit 357.00 357.00
96711 12/22/2004 005708 CLEAR CHANNEL BROADCASTI '04 Holiday advertising svcs 930.00
ESG Weekend advertising svcs 510.00 1.440.00
96712 12/22/2004 008425 CONSTRUCTION REHABILlTA Refund: Pin Deposit 909370037 62.52 62.52
96713 12/22/2004 008424 COVE EQUITY GROUP. THE Refund: Pin Deposit 922110013 601.00 601.00
96714 12/22/2004 008426 DE ROBERT, RAYMOND Refund: Admin Citation 1901 25.00 25.00
96715 12/22/2004 003610 DOMENOE, JIM Reimb: MS Project 2003 Software 77.97 77.97
96716 12/22/2004 000523 EASTERN MUNICIPAL WATER 95366-02 Deigo Dr Ldscp 29.63 29.63
96717 12/22/2004 005692 ELMO, ANTHONY Reimb:I.C.C.:9/26-28/04 286.90 286.90
96718 12/22/2004 008372 FAGERNESS, TARYN Speaker:Erle Stanley Gardner Mystery 250.00 250.00
96719 12/22/2004 003174 FIREHOUSE MAGAZINE 1 yr subscription for Stn 84 30.00 30.00
Page:1
apChkLsl Final Check List Page: 2
12/22/2004 8:23:59AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
96720 12/22/2004 003347 FIRST BANKCARD CENTER
SOUTHWEST AIRLINES MN AirFare: D.C. Coni 01/19.22/05 770.70
HYATT TT htl:MISAC Conl:l1n-8/04 263.20
AARON BROTHERS ART & FRA SJ recogn awards: Stone 221.70
STADIUM PIZZA SJ refreshments: YouthlGovt 11/16 117.18
BARNES AND NOBLE STORE TT Microsoft Sharepoint Pro:I.S. Opt 67.87
STADIUM PIZZA SJ refreshments: Gift Giving Campaig 47.96
RIVERSIDE CO CLERK & SJ copy fees for recorded documents 41.00
MICHAELS STORES INC SJ holiday supplies:Council Chambers 37.66
CALIFORNIA PIZZA KITCHEN TT library mtg: 11/18/04 32.60
PARTY CITY OF TEMECULA IN SJ recogn supplies:Council mtg 12114 28.00
EARTHLlNK INC TT Council members internet sves 26.45
TARGET STORE SJ holiday supplies:Council Chambers 17.75
AARON BROTHERS ART & FRA SJ recogn. certificate: Stone 16.15
FIVE STAR PARKING LOT JO parking:Auto Mall Hearing:12/1 16.00
OFFICE DEPOT BUSINESS SVS MN mise computer supplies 11.84
WORLD CHOICE TRAVEL MN booking fee: D.C. Coni 1/19.22/05 10.50
TT Additional Bank charges 1.75 1,728.31
96721 12/22/2004 004053 HABITAT WEST INC Lg Canyon Detention Basin Mnte 450.00 450.00
96722 12/22/2004 006081 HALL & FOREMAN INC Prof. Survey Srvcs: long Canyon 5,720.00 5,720.00
96723 12/22/2004 008427 HAPIOT. MICHELE NELLY Refund: Admin Citation 1901 25.00 25.00
96724 12/22/2004 006356 HORIZON MECHANICAL OF CA Install pool water heater: CRC 33, 110.00 33,110.00
96725 12/22/2004 001186 IRWIN, JOHN TCSD instructor earnings 96.00 96.00
96726 12/22/2004 002575 JONES, SUSAN W. '04 New Law/Ejection Sern:121B.9 6.00 6.00
96727 12/22/2004 004051 LOR GEOTECHNICAL GROUP Geotech testPechanga Storm Drain 2,697.50
Geotech testPechanga Storm Drain 2,407.50 5,105.00
Page2
apChkLst
12/22/2004
Final Check List
CITY OF TEMECULA
B:23:59AM
Page: 3
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Description
Vendor
96728 1212212004 003975 LAWRENCE, JEFF
Computer purchase program
96729 1212212004 008423 LIFE CHURCH OF TEMECULA V refund:sec.depositCRC 12112104
96730 1212212004 006897 LORY, SUSAN, J.
TCSD instructor earnings
leBD instructor earnings
leSO instructor earnings
leBD instructor earnings
leSO instructor earnings
leSO instructor earnings
96731 1212212004 004697 LOWES HIW INC
res imprv prgm: Benazngo, Ronald
96732 1212212004 000394 MAINTENANCE
basic supervision:1/19-20/0S
96733 12122/2004 005887 MOFFATT & NICHOL ENGINEER Oct Prof Svcs: F.V.Pkwy SIB off-ramp
96734 1212212004 007096 MUSICIANS WORKSHOP entertainmentO.T. Holidays
96735 1212212004 005372 OASIS CHRISTIAN FELLOWSHI Refund:Sec. DepositCRC 12111/04
96736 12122/2004 002100 OBJECT RADIANCE INC TCSD Instructor Earnings
leSO Instructor Earnings
TCSD Instructor Earnings
leBD Instructor Earnings
96737 12122/2004 005819 ORANGE CO DA FAMILY SUPP support pmt 16-28-86
96738 12/22/2004 005850 PAISNER, WILLIAM Relund:Sec. DepositCRC 12/12/04
96739 12/22/2004 003218 PELA Oct Idscp inspect svc:Soundwall
Oct Idscp dsgn svc:W.C.Sprts Cmplx
96740 12/22/2004 002185 POSTMASTER - TEMECULA postage for CSD wtr/spr brochures
96741 12122/2004 003697 PROJECT DESIGN CONSULTAN 10/11-11/14/04 dsgn svc:Murr. Creek
10/11-11/14/04 dsgn svc:SR79median
96742 12122/2004 008419 PUTERBAUGH, CECELlA
Refund:Sec. DepositCRC 12/04/04
96743 12/22/2004 004029 R J M DESIGN GROUP INC
Oct dsgn SVCS: W.C. Sports Complex
Amount PaId
Check Total
624.94
100.00
367.50
311.50
294.00
227.50
196.00
175.00
775.45
120.00
64,845.55
400.00
100.00
364.80
230.40
136.80
136.80
187.50
100.00
495.00
180.00
4,519.39
7,804.52
6,222.50
100.00
20,315.27
624.94
100.00
1,571.50
775.45
120.00
64,845.55
400.00
100.00
868.80
187.50
100.00
675.00
4,519.39
14.027.02
100.00
20,315.27
Page3
apChkLst Final Check List Page: 4
12/22/2004 8:23:59AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
96744 12/22/2004 000262 RANCHO CALIF WATER DIST Various Water Meters 5,914.54
Dee 01-02-98010-0 Fire Stn 84 174.16
Dee 01-04-10033-2 Marg. Rd. 104.57
Dee 01-02-98000-0 Fire Stn 84 12.73 6.206.00
96745 12/22/2004 003591 RENES COMMERCIAL MANAGE annual weed spraying/City's R.O.W.'s 9,500.00
Street clean-up/City R.O.W.'s 4,500.00 14,000.00
96746 12/22/2004 002110 RENTAL SERVICE CORPORATI equip fuel usage: PW Maint 13.94 13.94
96747 12/22/2004 008420 RICE, BRETT Refund:permit lee5:41925 Kaffirboom 141.95 141.95
96748 12/22/2004 006483 RICHARDS, TYREASHA I. TCSD Instructor Earnings 200.00 200.00
96749 12/22/2004 005406 RIVERSIDE CO TRAIN OFF. Mgmt 2A: 02/14-17. 19/05: J.Neuman 130.00 130.00
96750 12/22/2004 003587 RIZZO CONSTRUCTION INC light towers: holiday light parade 4,143.36 4,143.36
96751 12/22/2004 007830 ROAD BUILDERS INC prgs pmt #5: Pechanga Pkwy PhllB 477,865.83 477,865.83
96752 12/22/2004 004872 SANTA MARGARITA Community Service Funding Award 2,500.00 2.500.00
96753 12/22/2004 000537 SO CALIF EDISON Nav 2-19-999-9442 various mtrs 1,444.96
Dee 2-25-393-4681 T.E.S. Pool 651.48
Dee 2-23-365-5992 Fire Stn 92 435.39
Dee 2-24-628-8963 Btrfld Stage 29.23 2,561.06
96754 12/22/2004 000282 SO CALIF MUNICIPAL ATHLETI SCMAF Instilute:1 017104:9 TCSD Staff 490.00 490.00
96755 12/22/2004 004465 STITCH PRO Embroidery svcs:Temecula Police 745.63 745.63
96756 12/22/2004 004221 SUSAN G KOMEN INLAND VAL sponsorship:H.S. educational literature 5.000.00 5,000.00
96757 12/22/2004 004274 TEMECULA VALLEY SECURITY locksmith svcs: Harveston Camm etr 364.59
locksmith svcs: C. Museum 95.00 459.59
96758 12/22/2004 000919 TEMECULA VALLEY UNIFIED S Refund:Sec. DepositTCC 150.00 150.00
96759 12/22/2004 004030 TEMECULA VOLUNTEER FIRE support/training reimbursement 2,808.10 2,808.10
96760 12/22/2004 004001 U C REGENTS Suburban growth/20 yrs:01/21/05 95.00 95.00
Page:4
apChkLsI
12/22/2004
Final Check List
CITY OF TEMECULA
B:23:59AM
Page: 5
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Amount Paid
Vendor
Description
Check Total
96761 12/22/2004 004001 U C REGENTS Suburban growth/20 yrs:01/21/05
95.00
95.00
96762 12/22/2004 004001 U C REGENTS Suburban growth/20 yrs:01/21/05
95.00
96763 12/22/2004 007118 US TELPACIFIC CORPORATIO Dee Internet IP Addresses Block
539.75
96764 12/22/2004 004261 VERIZON Dee xxx-0074 general usage
Dee xxx-Q073 general usage
Dee xxx-1473 P.D. O.T. Stn
Dee xxx-3564 alarm
Dee xxx-8573 general usage
Dee xxx-5473 Moraga Rd
253.58
233.95
99.85
56.43
30.64
28.22
96765 12/22/2004 008418 WOODSIDE WOLF CREEK 1211 Refund:permit fees:TR29798-1 17-18
Refund:permit fees:TR29798-1 44-48
22.52
22.51
96766 12/22/2004 001544 YEAGER SKANSKA INC Prgs pm! #7: Peehanga Pkwy PhllA
178,888.39
Grand lotal for UNION BANK OF CALIFORNIA:
95.00
539.75
702.67
45.03
178.888.39
859.350.93
PageS
apChkLst
12/29/2004
Final Check List
CITY OF TEMECULA
3:14:34PM
Page: 1
Bank: union UNION BANK OF CALIFORNIA
Check # Date
Vendor
Description
425 12/29/2004 000389 US C M WEST (OBRA),
OBRA. Project Retirement Payment
426 12/29/2004 000246 PERS (EMPLOYEES' RETIREME PERS ER Paid Member Contr pmt
427 12/29/2004 000444 INSTATAX (EDD)
State Disability Jns Payment
428 12/29/2004 000283 INSTATAX (IRS)
Federal Income Taxes Payment
429 12/29/2004 001065 NATIONWiDE RETIREMENT SO Nationwide Retirement Payment
96767 12/29/2004 002038 ACTION POOL & SPA SUPPLY Aquatics pool supplies
96768 12/29/2004 004765 ACTIVE NE1WORK INC. THE RecWare Safari Main!. & Software
96769 12/29/2004 004064 ADELPHIA Dec-Jan high speed internet svcs
96770 12/29/2004 000106 ALFAX WHOLESALE FURNITUR Chairs for Harveston Park Facility
96771 12/29/2004 002877 AL TA LOMA CHARTER LINES
2004 Holiday Lights Bus Tour 12/12
96772 12/29/2004 004240 AMERICAN FORENSIC NURSES DUI Drug & Alcohol Screening
DUI Drug & Alcohol Screening
QUI Drug & Alcohol Screening
QUI Drug & Alcohol Screening
96773 12/29/2004 000101 APPLE ONE INC. Temp help PPE 12/04 WillS/Plaseen
Temp help PPE 12111 Buchanan
Temp help PPE 12/04 Lynn
96774 12/29/2004 008062 ARROW STAFF RESOURCES, I Temp help PPE 12/12 Grove/Heer
Temp help PPE 12/19 Grove/Heer
96775 12/29/2004 008437 BETZ, MARTIN Reimb: Airtare tor second interview
96776 12/29/2004 004262 BIO-TOX LABORATORIES Nov-Dec DUI Drug & Alcohol Screen
Nov QUI Drug & Alcohol Screening
Amount Paid
Check Total
2.145.68
90,639.22
17,741.88
66,660.39
4,291.65
112.38
17,656.39
40.95
922.07
751.88
403.95
390.00
155.00
34.45
751.60
108.00
3,146.04
1.840.33
700.00
1,006.20
573.97
2,145.68
90.639.22
17.741.88
66,660.39
4.291.65
112.38
17.656.39
40.95
922.07
751.88
963.40
1,399.60
4,986.37
700.00
1,580.17
Page:1
apChkLst Final Check List Page: 2
12/29/2004 3:14:34PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
96777 12/29/2004 006721 BOISE CASCADE OFFICE Space Plan Modifications 6,336.47
Office Supplies: City Hall Space Plan 890.43
Office Supplies: Finance 100.19
Office Supplies: Finance 31.71
Office Supplies: Finance 22.95 7.381.75
96778 12/29/2004 007243 BROOKSTONE Service Award For Employees 1.599.42 1.599.42
96779 12/29/2004 005321 CALIF ASSOC OF CODE Annual CACE Dues: Grove, Jeff 40.00 40.00
96780 12/29/2004 005321 CALIF ASSOC OF CODE Annual CACE Dues: Voshall, Jean 40.00 40.00
96781 12/29/2004 005321 CALIF ASSOC OF CODE Annual CACE Dues: Cole, Tom 40.00 40.00
96782 12/29/2004 005321 CALIF ASSOC OF CODE Annual CACE Dues: Parker, Marianne 40.00 40.00
96783 12/29/2004 005384 CALIF BAGEL BAKERY & DELI refreshments: PW team bldg 12/08 518.55
refreshments: Council mtg 232.74
refreshments: Council mtg 10/26 181.02 932.31
96784 12/29/2004 000837 CALIF DEPT OF FRANCHISE T State Withholding Payment 185.00 185.00
96785 12/29/2004 004248 CALIF DEPT OF JUSTICElACCT fingerprinting ID svcs:HR & Police 2.348.00 2,348.00
96786 12/29/2004 002543 CALIF DEPT OF WATER Annual Waste Discharge Fees 11.109.00 11,109.00
96787 12/29/2004 004604 CALPELRA 2005 membership dues: G. Yates 255.00 255.00
96788 12/29/2004 005417 CINTAS FIRST AID & SAFETY First aid supplies: City Halt 55.73
First aid supplies: Maintenance 41.89 97.62
96789 12/29/2004 008435 COLDWELL BANKER 1 st place winner: Electric Parade 200.00 200.00
96790 12/29/2004 004405 COMMUNITY HEALTH CHARI Community Health Charities Payment 127.00 127.00
96791 12/29/2004 001193 COMP USA INC Computer Supplies for IS dept 293.03 293.03
96792 12/29/2004 003739 COTTON BRIDGES ASSOCIATE Nov-Dec consuJtantupdate gnl plan 5,790.26 5.790.26
96793 12/29/2004 002631 COUNTS UNLIMITED INC Citywide traffic count collection svcs 765.00 765.00
Page2
apChkLsl Final Check List Page: 3
12129/2004 3:14:34PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
96794 12129/2004 004123 D L PHARES & ASSOCIATES Lease & Carn Chrgs:Police 5tn 2.186.14
Lease & Carn Chrgs:Police 5tn -100.00 2,086.14
96795 12129/2004 004194 D L T SOLUTIONS INC Autocad 2005 For Info System 6.888.95
Autocad 2005 For Info System 905.10 7.794.05
96796 12129/2004 005766 DATA BUSINESS SYSTEMS INC W2Jl099 forms and envelopes 257.44 257.44
96797 12129/2004 004569 DAVID TAUSSIG & ASSOCIATE Special tax consulting: Roripaugh CFD 1,681.01 1,681.01
96798 12129/2004 002990 DAViD TURCH & ASSOCIATES Jan Federal lobbyist svcs 3,000.00 3.000.00
96799 12129/2004 003383 DEAMER APPLIANCE SERVICE Repair Sin 84 Dishwasher 78.00 78.00
96800 12129/2004 008436 DECRAUSAZ, LISA Refund: CPR & First Aid Training 45.00 45.00
96801 12129/2004 003945 DIAMOND ENVIRONMENTAL Portable Restroom:Children'sMuseum 114.95
Portable Restroom:Bttrtld Stage Prk 67.48 182.43
96802 12/29/2004 004192 DOWNS COMMERCIAL FUELI Fuel for city vehicles: TCSD 61343 774.07
Fuel for city vehicles: PW 61353 680.94 1,455.01
96803 12129/2004 001669 DUNN EDWARDS CORPORATI PW graffiti removal supplies 95.73 95.73
96804 12129/2004 002528 EAGLE GRAPHIC CREATIONS I New employee glass mugs 119.60 119.60
96805 12/29/2004 008399 ELSINORE VALLEY RENTALS Light Tower Rentals: Holiday Parade 161.00 161.00
96806 12/29/2004 005251 EQUIPMENT REPAIR SERVICE Repair/Maint. PW Truck 635.77
Repair/Maint. PW Patch Truck 544.88 1,180.65
96807 12129/2004 008434 ERDEL YI, ANA Refund: Dep. Tract 3929 Lot 148 995.00 995.00
96808 12/29/2004 006487 EUROPEAN CAFE & VINEYARD Museum Docent Brunch 963.02
refreshments: Nakayama Visit 148.43 1.111.45
96809 12/29/2004 001056 EXCEL LANDSCAPE Irrigation Repairs: Sports Park 470.15
Irrigation Repairs: Slopes 429.20
Irrigation Repairs: Slopes 367.92
Irrigation Repairs: Medians 344.70
Irrigation Repairs: Sports Park/School 308.39 1,920.36
96810 12/29/2004 004464 EXXONMOBIL CARD SERVICES Fuel expense for City vehicles 62.77 62.77
Page3
apChkLst Final Check List Page: 4
12/29/2004 3:14:34PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
96811 12/29/2004 000478 FAST SIGNS Facade Imp Prog: Old Town Leather 1.636.00
Sports Park Signs -Field Closed" 377.13
City Seal Sign PW CIP Pool Vehicle 77.22 2,090.35
96812 12/29/2004 000165 FEDERAL EXPRESS INC Express mail services 61.85 61.85
96813 12/29/2004 000166 FIRST AMERICAN TITLE Lot Book Report: Kester 75.00
Lot Book Report: Williams/Ritter 75.00
Lot Book Report: Morton 75.00
Lot Book Report: Lehman 75.00 300.00
96814 12/29/2004 003347 FIRST BANKCARD CENTER
FORGE, THE DU rfrshmnts:PlnlComm. team bldg 300.42
BAILY WINE COUNTRY CAFE DU Creditdupl billing of sales tax -5.26 295.16
96815 12/29/2004 003281 FOREMOST PROMOTIONS Crime prevention supplies 743.55
Crime prevention .supplies 397.41
Crime prevention supplies 370.17 1,511.13
96816 12/29/2004 002982 FRANCHISE TAX BOARD Support Payment Case#452379267 75.00 75.00
96817 12/29/2004 004944 FULLCOURT PRESS Business License Certificates 413.01 413.01
96818 12/29/2004 003946 G T ENTERTAINMENT Holiday Light ParadeJBus Tour 300.00 300.00
96819 12/29/2004 000711 GRAPHICS UNLIMITED L1THOG Printing of Annual Recycling Calendar 9.780.47 9,780.47
96820 12/29/2004 002174 GROUP 1 PRODUCTIONS Video Taping: Erie Stanley Gardner 400.00 400.00
96821 12/29/2004 005209 GUZON, SUSAN Refund: Sec. Deposit: Tee 100.00 100.00
96822 12/29/2004 005311 H20 CERTIFIED POOL WATER Nav pool mnte SVC$ @ CRG I TES 1.500.00 1,500.00
96823 12/29/2004 001135 HEAL THPOINTE MEDICAL GRO New Hire Pre-employment physicals 135.00 135.00
96824 12/29/2004 003106 HERITAGE SECURITY SERVIC Security Guards: Veterans Memorial 649.00 649.00
96825 12/29/2004 004811 HEWLETT PACKARD HP Storage Works Software 3,176.47
2m LC.LC Fibre Channel Cable 118.53 3,295.00
96826 12/29/2004 002126 HILLYARD FLOOR CARE SUPPL CRC Gym floor cleaning supplies 116.16 116.16
Page:4
apChkLst
12/29/2004
3:14:34PM
Final Check List
CITY OF TEMECULA
Page: 5
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
96827 12/29/2004 005748 HODSON. CHERYL A.
Support Payment
11.69
11.69
96828 12/29/2004 001517 HORIZON HEALTH
Dee 04 EE Assistance Program
715.14
715.14
96829 12/29/2004 000194 I C M A RETIREMENT TRUST 45 Det Comp Catch Up Contribution
750.00
750.00
96830 12/29/2004 004406 IGOE & COMPANY INC
Flex Benefit Plan Design
400.00
400.00
96831 12/29/2004 006713 iNTEGRATED MEDIA SYSTEMS Service Call: AMX Power Supply
1,296.04
1,296.04
96832 12/29/2004 001407 INTER VALLEY POOL SUPPLY I Pool sanitizin9 chemicals
127.15
127.15
96833 12/29/2004 007247 10MA SUBSCRIPTION 1099 CDs for Finance
96834 12/29/2004 003266 IRON MOUNTAIN OFFSITE Records mgmt microfilm storage unit
96835 12/29/2004 004265 JEWELL FENCE COMPANY Res Imp Prgm: Cockrell, Alice
Res Imp prgm: Legg. Merrell
96836 12/29/2004 008241 JOHN WEBER CONSTRUCTION Rei Retention: Japanese Garden
96837 12/29/2004 003046 K FRO G 95.1 FM RADIO Radio broadcasting: Summer Nights
96838 12/29/2004 000206 KINKOS INC Stationery paper/mise supplies
96839 12/29/2004 004062 KUSTOM SIGNALS INC Radar Trailer:Police Smart VMS
Tamper Alarm for trailer
96840 12/29/2004 000945 L P S COMPUTER SERViCE printer repair/maint svcs: 1.8. Dept.
96841 12/29/2004 000210 LEAGUE OF CALIF CITIES '05 City Membership Dues
449.00
449.00
586.50
586.50
2,530.00
1,100.00
3,630.00
6,786.00
6.786.00
780.00
780.00
20.11
20.11
24,227.59
242.44
24.470.03
85.00
85.00
16,852.00
16.852.00
96842 12/29/2004 004905 L1E8ERT, CASSIDY & WHITMOR Nov HR legal svcs for TE060-#QOO01
1,035.00
1.035.00
96843 12/29/2004 003782 MAIN STREET SIGNS
Citywide street name replacement prg
various signs for Traffic Division
9.413.31
918.57
10,331.88
PageS
apChkLsl Fillal Clleck list Page: 6
12/29/2004 3:14:34PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
96844 12/29/2004 004141 MAINTEX INC custodial supplies: C. Museum 470.84
custodial supplies: City Hall 158.77
custodial supplies: City Halt 43.25
Credit: custodial supplies returned -43.25 629.61
96845 12/29/2004 001967 MANPOWER TEMPORARY SER temp help wle 12/05 Hoof/Dankworth 1,162.40
temp help w/e 12/12 HooflDankworth 1,162.40 2,324.80
96846 12/29/2004 000217 MARGARITA OFFICIALS ASSN Nav/Dee Sports ?rgm Officiating Svcs 150.00 150.00
96847 12/29/2004 001384 MINUTEMAN PRESS window envelopes: CRCITCSD 244.46
business cards: DC/BW/JW/BS/DT 214.15
business cards: P.D.Stns/Dep.H 128.49
business cards: J. Domenoe 114.86
business cards: P. Ruse 114.86
business cards: A. Loera 42.83
business cards: L. Nottingham 42.83 902.48
96848 12/29/2004 001067 MITY UTE INC Tables:Harveston Park Facility 3,067.35 3.067.35
96849 12/29/2004 001892 MOBILE MODULAR Dee modular bldg rental:Fire SIn 92 832.40 832.40
96850 12/29/2004 007011 MORRIS MEYERS .MAINTENAN Nav maint svcs:park r.r.lpicnic shelle 4,690.00
credit: Nav svcs not provided @ T.E.S -210.00 4,480.00
96851 12/29/2004 002257 MOST DEPENDABLE FOUNTAI drinking fountain parts: var. park sites 876.00 876.00
96652 12/29/2004 008329 MURRIETA WEST HVAC Res Imp Pgrm: Gibbs, Vivian 3,225.00 3.225.00
96853 12/29/2004 002925 NAP A AUTO PARTS equip parts/supplies: PW Maint 67.10
equip parts/supplies: PW Maint 53.85
equip parts/supplies: PW Maint 30.15 151.10
96854 12/29/2004 003964 OFFICE DEPOT BUSINESS SVS mise office supplies: P.O. C.T. Stn 58.00
credit: item returned: P.O. OT. Stn -11.56 46.44
96855 12/29/2004 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs 754.52
City Vehicle Repair/Maint Svcs 547.54
City Vehicle Repair/Maint Svcs 522.11
City Vehicle Repair/Maint Svcs 135.61
City Vehicle Repair/Maint Svcs 19.19 1,978.97
96856 12/29/2004 002256 P & D CONSULTANTS INC Nov temp help bldg inspector: R.H. 10,385.76 10,385.76
96857 12/29/2004 004074 PARTY CITY OF TEMECULA IN MPSC recreation supplies 102.41 102.41
Page:6
apChkLst final Checklist Page: 7
12/29/2004 3:14:34PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Cheek Total
96858 12/2912004 004538 PAULEY EQUIPMENT COMPAN battery for TCSD maint equipment 48.43 48.43
96859 12/29/2004 001958 PERS LONG TERM CARE PROG PEAS Long Term Care Payment 288.55 288.55
96860 12/29/2004 000249 PETTY CASH Petty Cash Reimbursement 522.11 522.11
96861 12/29/2004 007484 PHILIPS MEDICAL SYSTEMS I AED cabinet: Comm.Grant AED Prgm 282.85 282.85
96862 12/29/2004 007771 PPSN CORPORATION Refund: deposit CRG room rental 100.00 100.00
96863 12/29/2004 003493 PRO-CRAFT OVERHEAD DOOR Res Imp Pgrm: Betancourt, Robert 1,022.00 1.022.00
96864 12/29/2004 002880 PRO-CRAFT SASH & SUPPLY Res Imp Prgm: Hiscks, Rodney 3,561.00 3,561.00
96865 12/29/2004 005075 PRUDENTIAL OVERALL SUPPL uniforms/mat/towel rentals: city facility 896.60
Credit: items not received: CRGIG.Mus -12.64 883.96
96866 12/29/2004 002012 R D 0 EQUIPMENT COMPANY maint/svcs for PW Maint back hoe 888.64
credit: sales tax on labor chrg -15.50 873.14
96867 12/29/2004 002612 RADIO SHACK INC mise computer supplies: I.S. dept. 56.61 56.61
96868 12/29/2004 000262 RANCHO CALIF WATER DIST Various Water Meters 523.42
Dee 01-08-38009-0 Fire Stn 92 54.29 577.71
96869 12/29/2004 000947 RANCHO REPROGRAPHICS dupl blueprints: B&S dept. 72.95
dupl blueprints: B&S dept. 9.07 82.02
96870 12/29/2004 004584 REGENCY LIGHTING electrical supplies: City Hall 63.36
electrical supplies: C. Museum 28.45
credit: item returned -9.61 82.20
96871 12/29/2004 000418 RIVERSIDE CO CLERK & nte/exemption filing fee: Heritage Tree 64.00 64.00
96872 12/29/2004 001592 RIVERSIDE CO INFO Nov emerg. radio rentals: Police 627.00 627.00
96873 12/29/2004 000406 RIVERSIDE CO SHERIFFS DEP Raves/Rave Drugs trn:L. Alves 11/22 29.00 29.00
96874 12/29/2004 003587 RIZZO CONSTRUCTION INC light towers: holiday light parade 5.049.92 5.049.92
96875 12/29/2004 003027 ROOFTEK Res Imp Prgm: Disilvestro, Donald 3.700.00 3,700.00
Page:7
apChkLst
12/29/2004
3:14:34PM
Final Check List
CITY OF TEMECULA
Page: 8
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
96876 12/29/2004 001942 S C SIGNS
Nav-Dee posting public nics: Planning
Sep-Oct posting public nics: Planning
Sep-Oct invoice incorrectly billed
1,785.00
1,105.00
340.00
3.230.00
96877 12/29/2004 003843 SCREEN DOCTOR, THE
Res Imp Prgm: Sroka, Reannette
Res Imp Prgm: Mendoza, Jesus
361.96
351.00
712.96
96878 12/29/2004 008327 SEAWEST STUDIOS INC
balance: construct 2 gates: C. Museu
8,828.00
8.828.00
96879 12/29/2004 007342 SHUTE, MIHALY & WE]NBERGE Nov legal services pmt
243.20
243.20
96880 12/29/2004 000645 SMART & FINAL INC
supplies for Council/City Mgr meetings
special event supplies: holiday lights
meeting supplies for Finance
82.42
62.92
47.92
193.26
96881 12/29/2004 000537 SO CALIF EDISON
Dee 2-02-351-4946 MPSC
Dec 2-18-937-3152 T. Museum
Dee 2-22-891-0550 Various Mtrs
Dec 2-11-007-0455 6th Street
Dec 2-20-817-9929 P.D. O.T. Stn
Dee 2-21-911-7892 S. Side Prk Lot
Dee 2-21-981-4720 Hwy 79
Dec 2-19-171-8568 Wedding Chpl
Dee 2-14-204-1615 Front 8t Radio
685.78
540.77
353.76
249.66
238.46
145.91
70.01
66.15
32.02
2,382.52
96882 12/29/2004 001212 SO CALIF GAS COMPANY Dec City facilities gas meters
Dec 095-167-7907-2 Fire SIn 84
2,618.40
334.64
2,953.04
96883 12/29/2004 002503 SOUTH COAST A]R QUALITY generator operating fees: Stn 84
emissions fees: Stn 84/109664
207.82
77.25
285.07
96884 12/29/2004 000519 SOUTH COUNTY PEST Sep/Dec pest control svcs: CRC
Dee pest control svcs: Stn 92
Dee pest control svcs: C. Museum
180.00
42.00
36.00
258.00
96885 12/29/2004 002366 STEAM SUPERIOR CARPET CL floor maint svcs @ City facilities
800.00
800.00
96886 12/29/2004 000305 TARGET STORE misc office supplies for PW dept.
recreation supplies for C. Museum
TCSD special events supplies
TCSD special events supplies
Teen Program Supplies
recreation supplies for MPSC
Teen Program supplies
Teen Program supplies
247.71
236.89
156.D1
128.78
46.88
46.09
45.89
28.84
937.09
96887 12/29/2004 006465 TEMECULA AUTO REPAIR vehicle repair/maint svc: Fire Prey.
68.50
68.50
Page:8
apChkLst Final Check List Page: 9
12/29/2004 3:14:34PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
96888 12/29/2004 007929 TEMECULA POLICE EXPLORER re1reshments: Safety Expo 11/06/04 520.00 520.00
96889 12/29/2004 000307 TEMECULA TROPHY COMPAN TCSD basketball sports prgm awards 66.81 66.81
96890 12/29/2004 004274 TEMECULA VALLEY SECURITY Locksmith svcs; CRG 65.00 65.00
96891 12/29/2004 000919 TEMECULA VALLEY UNIFIED S Fac Rental: Public Safety Expo 11/6 840.00
Nov vehicle fuel usage:L.D.lPW Mote 435.72
Nav vehicle fuel usage: B&S dept. 212.27
Nav vehicle fuel usage: Police dept. 34.99
Nav vehicle fuel usage: PW Mote 33.87 1,556.85
96892 12/29/2004 005937 TOMCZAK, MARIA T. TCSD Instructor Earnings 40.00 40.00
96893 12/29/2004 003366 TORAN DEVELOP. & CONSTRU Reseal Boardwalk in Old Town 11,500.00 11,500.00
96894 12/29/2004 000978 TRAUMA INTERVENTION PRG 2nd Otr Emerg. Response Vol. prgm 2,181.25 2.181.25
96895 12/29/2004 005873 TRI AD ACTUARIES INC Dee Administration Fees 365.50
Credit: 41 participants for Dee -17.00 348.50
96896 12/29/2004 006192 TRISTAFF GROUP temp help PPE 12/19 Tidwell/Long 1,309.43
temp help PPE 12/05 RG/MUKT 1,009.78
temp help PPE 11/28 Tidwell/Long 791.38
temp help PPE 12/12 Tidwell 512.04 3,622.63
96897 12/29/2004 000325 UNITED WAY United Way Charities Payment 202.00 202.00
96898 12/29/2004 003497 VAIL RANCH MIDDLE SCHOOL Old Town holiday perfonnance: 12/13 150.00 150.00
96899 12/29/2004 004261 VERIZON Dee xxx.3923 Stone 28.24 28.24
96900 12/29/2004 004848 VERIZON SELECT SERVICES I Dee long distance phone svcs 1,344.34 1.344.34
96901 12/29/2004 007695 VIDO SAMARZICH INC Prgs Pmt #3: Pablo Apis Park 42.850.00 42,850.00
96902 12/29/2004 003730 WEST COAST ARBORISTS INC Nav Citywide tree stump removal svcs 495.00 495.00
96903 12/29/2004 007949 WESTERN ARTS ALLIANCE membership dues: B. BeerslOOOO86 250.00 250.00
Page:9
apChkLsI
12/29/2004
3:14:34PM
Final Check List
CITY OF TEMECULA
Page: 10
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
96904 12/29/2004 008316 WESTSIDE SELF STORAGE Off-site records storage: unit Al000
1,000.00
1,000.00
96905 12/29/2004 003932 WOODSIDE HOMES OF CALIF I Refund: permit fees:TR 29798-5 38-40
171.19
171.19
96906 12/29/2004 003434 Z E P MANUFACTURING Misc. supplies for PW Maint
239.85
239.85
Grand lolallor UNION BANK OF CALIFORNIA:
487,954.85
Page:10
ITEM 4
APPROVAL ,~
CITY ATTORNEY~;?~
DIRECTOR OF FINANCE l':1//
CITY MANAGER /WI'
rr
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City Council
Genie Roberts, Director of Finance p1"'"
January 11, 2005
DATE:
SUBJECT:
City Treasurer's Report as of November 30, 2004
PREPARED BY:
Karin Grance, Revenue Manager ffgfJ--
Shannon Domenigoni, Accountant~
That the City Council receive and file the City Treasurer's Report as of
RECOMMENDATION:
November 30, 2004.
DISCUSSION: Government Code Sections 53646 and 41004 require reports to the
City Council regarding the City's investment portfolio, receipts, and disbursements respectively.
Attached is the City Treasurer's Report that provides this information.
The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635
as of November 30, 2004.
FISCAL IMPACT:
None
Attachments:
City Treasurer's Report as of November 30, 2004
Cash Activity for the Month of Novemher:
Cash and Investments as of November 1,2004
Cash Reccipts
Cash Disbursements
Cash and Investments as of November30, 2004
Cash aud Investments Portfolio:
Type of Investment
Generdl Checking
Rex Bencfit Demand Deposits
Checking Account- Parking Citations
Local Agency Investment Fund
Petty Cash
Federal Agency- Callahle
Federal Agency- Callable
Fedeml Agency- Callable
Fedcml Agency- Calluble
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callahle
Federal Agcncy- Calh:lble
Federal Agency- Callable
Federal Agency- Callable
Fedeml Agency- Callable
Federdl Agency- Callable
Bond l-<und - Cf1) B8-12
(Money Market Account)
Delinquency Maintenance Account - CFD 88-12
(Invcsunent Agreement)
Delinqucncy Maintenance Account - Cf1) 88-12
(Money Market Account)
RcscrvePund - CFD 88-12
(Investment Agreement)
Reserve Fund - CFD 88-12
(Investment Agreement)
Special TaxPund - CFD 01-2
(Money Market Account)
Admin Expense Fund - Cf1) 01-2
(Money Market Account)
Variable Bond Fund - CFD 01-2
(Money Market Account)
Interest Differential Fund - CFD 01-2
(Money Market Account)
Improvement Fund - CFD 01-2
(Money Market Account)
Special Tax Fund - Cf1) 03-1
(Money Market Account)
Capit.allnterest Fund - em 03-}
(Money Market Account)
Reserve Fund - CFD 03-1
(Investment Agreement)
City Improvement Fund - CFD 03-1
(Money Market Account)
City Improvement Fund - CFD 03-1
(Local Agency Investment Fund)
Cal Trans Improvement Fund - CFD 03-1
(Money Market Account)
CaI Trans Improvement Fund - CFD 03-1
(Local Agency Investment Fund)
Acquisition Account Fund - CFD 03-1
(Money Market Account)
City of Temecula
City Treasurer's Report
As of November 30, 2004
Institution
Union Bank
Union Bank
Union Bank
State Treasurer-LAIF
City Hall
Federal Home Loan Bank
Fedeml Home Loan Bank
Feder:11 Home Loan Bank - BDS
Federal Home Loan Bank - BDS
Federal Home Loan Bank
Fedeml Home Loan Bank. BDS
Federal Home Loan Bank - BDS
Federal Home Loan Bank - BDS
Fedeml Home Loan Bank - BDS
Fedeml Home Loan Bank. BDS
Federal Home Loan Bank
Federal Home Loan Mortgage Co
U.S. Bank (First Am Treasury)
CDC Funding Corp
U.S. Bank (First Am Treasury)
CDC Funding Corp
U.S. B,nk (Fm;t 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)
U.S. Bank (First Am. Treasury)
U.S. Bank: (First Am Treasury)
U.S. Bank (First Am. Treasury)
Aig Match Fed Corp Ref
U.S. Bank (First Am. Treasury)
State Treasurer-LAlF
U.S. Bank (First Am Treasury)
State Treasurer-LAIF
u.s. Bank (First Am. Treasury)
Yield
nt,
n/.
nt,
2.003 %
nt,
1.885 %
2.500 %
3.000 %
3.000 %
3.000 %
3.070 %
3.100 %
3.125 %
3.150 %
3.520 %
2.250 %
2.000 %
1.120 %
5.430 %
1.120 %
5.430 %
1.100 %
1.120 %
1.120 %
1.120 %
1.120 %
1.120 %
1.120 %
1.110%
4.830 %
1.120 %
2.003 %
1.120 %
2.003 %
1.120 %
Page 1
$ 126,140,792
4.093.133
(4.650.530)
$ 125.583,395
Maturityl
Purchase Tennination Market Par/Book
Date Date Value Balance @ 11130/04
762.452 (I)
9,635 (I)
4,018
57,608,112 (2)
$ 1.500
6n6/2003 1123/2006 988.130 987.500
7/16/2003 8/14/2006 1.979.380 1,975.620
4n/2004 In/2008 2.878,837 2,852.894
4122/2004 1122/2008 1.966,260 1.951.260
3/29/2004 12/28/2007 3,936.240 3.907.520
4/15/2004 1/15/2008 1.970.620 1,956.880
4/8/2004 1/8/2008 3,008,063 2.988.054
4/16/2004 1/16/2008 986,880 980.000
4/14/2004 1/14/2008 987.500 980.940
4130/2004 1130/2008 1.993.120 1.983.760
6/26/2003 7/24/2006 986.250 983,750
6/6/2003 6/30/2006 983.480 979,800
56.247
9/1/2017 500,000
535,560
9/1/2017 1,531,469
9
561,065
644.613
7.569
131,728
3,550,79g
18.549
32
863,900
170,613
1.235.785
1,119
1.010.882
1.332
Acquisition Account Fund - CFD 03-1
(Local Agency Investment Fund)
Capital Interest Fund - CFD 03-3
(Money Market Account)
Capital Interest Fund - Cf1) 03-3
(Local Agency Investment Fund)
Resenre Fund - CFD 03-3
(Investment Agreement)
Resenre Fund - OU 03-3
(Money Market Account)
City Improvement Fund - crn 03-3
(Money Market Account)
City Improvement Fund - Cffi 03-3
(Local Agency Investment Fund)
EMWD Improvement Fund - Cl-<U 03-3
(Money Market Account)
EMWD Improvement Fund - CFD 03-3
(Local Agency Investment Fund)
Acquisition Account Fund - CFD 03-3
(Money Market Account)
Acquisition Account Fund - CFD 03-3
(Local Agency Investmcnt Fund)
Capital Inten~<;t Fund - CFD 03-06
(Moncy Market Account)
Rcscnrc Fund - CFD 03-06
(Money Market Account)
City Improvement Fund. CFD 03-06
(Money Market Account)
Cost ofIssuancc Fund - CPO 03-06
(Money Market Account)
Redemption Fund - AD 03.04
(Money Market Account)
Admin Ex.pense Fund - AD 034
(Money Market Account)
Resenre Fund - AD 03-04
(Money Market Account)
Interest Account - RDA TABs
(Money Market Account)
Reserve Account - RDA TABs
(SUrelY Bond)
Project Account - RDA TABs
(Money Market Account)
Project Aceount-RDA TABs
(Local Agency Investment Fund)
Installment Payment f"'Und - TCSD COPs
(Money Market Account)
Project Fund - TCSD COPs
(Money Market Account)
Project Fund. TCSD COPs
(Local Agency Investment Fund)
City of Temecula
City Treasurer's Report
As of November 30, 2004
State Treasurer-LAIP
2.003 %
U.S. Bank (FJISl Am Treasury) Ll20 %
State Treasurer-LAIF 2.003 %
Cdc Funding Corp 3.000 %
U.S. Bank (First Am. Treasury) LI20 %
U.S. Bank (First Am Treasury) Ll20 %
State Treasurer-LAIF 2.003 %
U.S. Bank (First Am. Treasury) Ll20 %
State Treasurer-LAIF 2.003 %
U.S. Bank (FJISl Am Treasury) Ll20 %
State Treasurer-LAIF 2.003 %
U.S. Bank (Fust Am. T=sury) Ll20 %
U.S. Bank (FJISl Am Treasury) Ll20 %
US. Bank (Frrst Am. Treasury) Ll20 %
U.S. Bank (First Am. Treasnry) Ll20 %
U.S. Bank (FlfSt Am Treasury) Ll20 %
U.S. Bank (First Am. Tcc.asury) Ll20 %
U.S. Bank (First Am. Tre.1sury) 1.120 %
U.S. Bank (First Am. Treasury) Ll20 %
US. Bank (First Am. Treasury) nta
US. Bank (FJISl Am Treasury) 1.l20 %
State Treasurer-LAIF 2.003 %
US. Bank (First Am. Treasury) Ll20 %
U.S. Bank (First Am Treasury) LI20 %
State Treasurer-LAlF 2.003 %
(I)-This alllount is net of outstanding checks.
(2)-At November 30,2004 total market value (including accrued interest) for the Local Agency Investment Fund (LAIF) was $51 ,500,151 ,707.
TIIC City's proportianate share of that valuc is $57,535,343.
All investments are liquid and currently available.
The City ofTemecula's portfolio is in compliance with the investment policy.
Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six. months.
Page 2
1,293,186
4.492
2.441
2,171.120
11,588
1.242
7.460.619
2,959
3,657.449
9,974
9.992.780
245.389
338,398
3,831,381
21.482
8,103
370
100,151
81
504
2.714,585
264
868
1.979.002
$ 125,583.395
001
100
101
120
150
160
165
170
190
192
193
194
195
210
261
271
273
274
275
276
280
300
310
320
330
340
380
390
460
470
471
473
474
475
476
CITY OF TEMECULA
CASH AND INVESTMENT REPORT
NOVEMBER 2004
GENERAL FUND
STATE GAS TAX FUND
STATE TRANSPORTATION FUND
DEVELOPMENT IMPACT FUND
AB 2766 FUND
AB 3229 COPS
RDA DEV LOW/MOD 20% SET ASIDE
MEASURE A FUND
TEMECULA COMMUNITY SERVICES DISTRICT
TCSD SERVICE LEVEL "B" STREET LIGHTS
TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE
TCSD SERVICE LEVEL "D" REFUSElRECYCLING
TCSD SERVICE LEVEL "R" STREETIROAD MAINT
CAPITAL IMPROVEMENT PROJECT FUND
CFD 88-12 ADMIN EXPENSE FUND
CFD 01-2 HARVESTON IMPROVEMENT FUND
CFD 03-1 CROWNE HILL IMPROVEMENT FUND
AD 03-4 JOHN WARNER IMPROVEMENT FUND
CFD 03-3 WOLF CREEK IMPROVEMENT FUND
CFD 03-6 HARVESTON 2 IMPROVEMENT FUND
REDEVELOPMENT AGENCY - CIP PROJECT
INSURANCE FUND
VEIDCLES FUND
INFORMATION SYSTEMS
SUPPORT SERVICES
FACILITIES
RDA 2002 TABS DEBT SERVICE
TCSD 2001 COP'S DEBT SERVICE
CFD 88-12 DEBT SERVICE FUND
CFD 01-2 HARVESTON DEBT SERVICE FUND
CFD 98-1 WINCHESTER HILLS DEB SERVICE
CFD 03-1 CROWNE HILL DEBT SERVICE FUND
AD 03-4 JOHN WARNER ROAD DEBT SERVICE
CFD 03-3 WOLF CREEK DEBT SERVICE FUND
CFD 03-6 HARVESTON 2 DEBT SERVICE FUND
GRAND TOTAL
Fund Total
18,567,740.27
250,015.12
1,381.48
13,106,467.75
164,232.37
113,790.00
7,907,255.43
4,930,380.56
138,622.53
16,544.13
58,218.62
73,254.35
29,045.07
29,426,160.70
7,975.38
3,546,868.80
3,712,917.60
102,953.74
21,125,023.82
3,831,380.93
5,216,538.74
1,517,134.79
164,752.01
703,453.12
190,766.83
97,043.14
1,708,028.04
132,161.1 5
2,756,303.77
2,010,151.39
11 ,598.31
943,050.64
124,139.52
2,262,754.67
635,290.06
125,583,394.83
ITEM 5
APPROVAL ,L)
CITY ATTORNEY CftJ;?~
DIR.OF FINANCE ~
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Genie Roberts, Director of Finance
DATE: January 11,2005
SUBJECT: Community Development Block Grant Application Proposals for FY 2005/06
PREPARED BY:
Gus Papagolos, Fiscal Services Manager
RECOMMENDATION:
That the City Council:
1. Approve the Community Development Block Grant (CDBG) funding recommendation
from the Finance Committee and staff.
2. Authorize the Director of Finance to execute Sub-Recipient Agreements and to
reprogram CDBG funds in accordance with the current budget resolution for general
administration of the Fiscal Year 2005-06 Community Development Block Grant
Funds.
DISCUSSION: The CDBG program is a federal grant program administered by the
Department of Housing and Urban Development (HUD) in which funding is allocated to the City
annually through the Economic Development Agency (EDA) of Riverside County.
The application requests were reviewed for eligibility for CDBG funding by our program representative
at the EDA and all of the applications are eligible for funding. In order for a project to be considered
for funding, it must meet one of the following national goals:
1. The activity benefits 51 percent low/moderate income persons; or,
2. The activity aids in the prevention or elimination of slums or blight; or,
3. The activity meets an emergent community development need.
A total often (10) applications were submitted to the City for consideration and all were determined to
be eligible for CDBG funding. The City's allocation for FY 05/06 is anticipated to be $481 ,825. CDBG
regulations impose a 15 percent cap from the total allocation for Public Services. The Finance
Committee is recommending a total expenditure of $72,273 for Public Services, which is within the
15% cap and the balance of $409,552 is for public facilities and capital improvement projects (refer to
the table on the foliowing page).
FY 05/06 CDBG ALLOCATION
FUNDING CATEGORY FUNDING
ALLOCATION
2005-06 CDBG Allocation - estimate $481,825
Less Public Services (15% CAP) -72,273
Project Funding available for Public Facilities/Infrastructure $409,552
Due to the possibility that the City's allocation may be reduced, it is recommended that all projects
be reduced equally, according to the percentage in allocation reduction. All projects are subject to
final approval at a future Riverside County Board of Supervisors meeting. The EDA will submit a
supplemental agreement to the City identifying the projects approved for funding in June 2004.
Also, for general information this FY 2005/2006 CDBG funding cycle begins the second year of a
three-year cooperation agreement with the County EDA. At the term of this agreement the City will
review the benefits for application of entitlement status with HUD.
The Finance Committee composed of Mayor Mike Naggar, and Councilmember Jeff Stone, met on
December 14, 2004 and after thorough review, are proposing CDBG funding for ten (10) public
service organizations and two (2) City capital projects as described in the attachment.
FISCAL IMPACT: The CDBG funds allocated to outside agencies have no impact on the City,
other than staff time needed to administer program requirements.
Attachments: 1. Finance Committee Recommendations
2. FY 05/06 CDBG Applications Funding Summary
FINANCE COMMITTEE FUNDING RECOMMENDATIONS
Alternatives to Domestic Violence $10,000 $69,222 $10,000
(ADV)
Operation School Bell 14,000 15,000 11,000
Boys & Girls Club of Temecula 11,000 30,000 11,000
Court Appointed Special 2,000 10,500 2,000
Advocates
Rape Crisis Center 4,000 5,000 4,000
Safe Alternative For Everyone 5,000 10,000 8,000
Emergency Food Aid 10,000 10,000 10,000
Circle of Care 7,000 46,200 7,500
YMCA 7,500 10,000 4,773
American Red Cross 0 20,000 4,000
Total Public Services Projects $70.500 $225.922 $72 273
115% Cap = $72,273)
Prior Year
Public Services Award
Funding
Requested
Finance Committee
Funding Recommendation
Non-Public Service Projects Prior Year
City Facility Award
Funding
Requested
Finance Committee
Funding Recommendation
Old Town Gym $203,332 $216,500 $216,500
Temecula Community Center 206,730 216,500 216,500
Expansion
$410.062 $433.000 $433.000
Total Non-Public Service
Grand Total $478.426 $658.922 $505 273
(Total Projected CDBG Allocation
= $433,000
City of Temecula
FY 05/06 CDBG Applications Funding Summary
FUNDING QUALIFYING PROJECT SUMMARY
APPLICATION TITLE AGENCY REQUEST CRITERIA
Alternatives to Alternatives to Public Servicel Provide 24-hour crisis
Domestic Violence Domestic $69,222 Limited Clientele intervention, advocacy
Violence services, shelter, community
education and the Children's
Support Program.
Operation School Asst. League of Public Service/ Provide clothing to children
Bell Temecula $15,000 Low-Mod Income identified by TVUSD in need of
Valley clothing.
Boys & Girls Club of Boys & Girls Public Servicel Scholarship program for low-
Temecula Club of $30,000 Low-Mod Income income families to participate
Temecula in AM/PM Camp activities &
transportation.
Court Appointed Court Public Service/ CASA trains community
Special Advocates Appointed $10,500 Low-Mod Income volunteers to serve as court
of Riverside County Special advocates for
Advocates of abused/neglected children
Riverside who have been removed from
County (CASA) their homes in order to ensure
the child's safety.
Riverside County Local Rape Public Service/ This program provides
Rape Crisis Center Crisis Center $5,000 Low-Mod Income assistance to victims of
sexual assault in the
Temecula area at Rancho
Springs Medical Center.
Safe Alternatives for Safe Public Servicel Provide services for children,
Everyone Alternatives for $10,000 Low-Mod Income youth and families who have
Everyone experienced or are at risk of
(SAFE) abuse and violence.
Emergency Food & Temecula Public Servicel Provide emergency food
Aid Senior Center $10,000 Limited Clientele distribution and limited utility
assistance to households
based on referrals from Social
Services and local churches.
Circle of Care Vineyard of the $46,200 Public Service/ Provide emergency food
New Wine Low-Mod Income distribution and resource
center assistance (clothing &
house hold items) based on
referrals and a walk-in basis.
1
,
City of Temecula
FY 05/06 CDBG Applications Funding Summary
\
APPLICATION TITLE AGENCY FUNDING QUALIFYING PROJECT SUMMARY
REQUEST CRITERIA
YMCA YMCA Public Service/ This program will provide
$10,000 Low-Mod Income scholarships to day camp for
under privileged children at
Temecula Elementary School.
American Red Cross Temecula $20,000 Public Servicel Emergency services for low
Low-Mod Income and moderately low income
persons
Subtotal Public .
$225.922
Services
. .
Old Town Temecula Temecula $216,500 Design and construct an
Gymnasium Community Public Facility indoor Gymnasium in Old
Services Town with approx 6,800 sq ft
District and spectator seating. The
, City will partner with the
Temecula Boys & Girls Club
on this proiect.
Temecula Temecula
Community Center Community $216,500 Public Facility This project will include an
Expansion Services expansion of 2,800 square
District feet and add an office and
meeting area to the TCC
facility.
Subtotal Facilityl $433.000
Infrastructure :
TOTAL FUNDING
REQUESTED $658.922
2
ITEM 6
APPROVAL;)
CITY ATTORNEY ~rrl
DIRECTOR OF FINAN~
CITY MANAGER ~
CITY OF TEMECULA
AGENDA REPORT
FROM:
City Manager/City Council
-yJ~ William G. Hughes, Director of Public Works/City Engineer
. January 11, 2005
TO:
DATE:
SUBJECT:
Parcel Map No. 31751 located on the southeast side of County Center Drive,
approximately eight hundred and fifty (850) feet east of Ynez Road
.
PREPARED BY: {/f Ronald J. Parks, Deputy Director of Public Works
~ Kendra Hannah, Assistant Engineer
RECOMMENDATION:
That the City Council approve:
1) Parcel Map No. 31751 in conformance with the Conditions of Approval
2) Subdivision Monument Agreement and accept the Monument Bond as security
for the agreement.
BACKGROUND: Parcel Map No. 31751 is a Parcel Map with two (2) commercial
parcels located on the southeast side of County Center Drive, approximately eight hundred and fifty
(850) feet east of Ynez Road. All Street improvements have been completed on County Center
Drive.
On August 12, 2004, the City of Temecula Planning Director approved Tentative Parcel Map 31751,
with the appropriate Conditions of Approval.
The Developer, Temecula Highlands, LLC, A California Limited Liability Company has met all of the
Conditions of Approval. This final map is in conformance with the approved tentative parcel 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 Parcel Map No. 31751
3. Project Vicinity Map
4. Parcel Map No. 31751
R:\AGENDA REPORTS\200510111 051PM 31751.doc
CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
CASE NO. PM 31751
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\200510111051PM 31751.doc
CITY OF TEMECULA ENGINEERING DEPARTMENT
FEES AND SECURITIES REPORT
PARCEL MAP NO. 31751
DATE: JanuaN11,2005
IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY
SECURITY
Street and Drainage $ 0 $ 0
Water $ 0 $ 0
Sewer $ 0 $ 0
TOTAL $ 0 $ 0
Monumentation $ 1,400.00 -
DEVELOPMENT FEES
RCFCD (ADP) Fee $ Paid
Development Impact Fee $ *TBD
SERVICE FEES
Planning Fee $ 291.00
Fire Fee $ 206.00
TCSD Fee $ 141.00
Plan Check Fee $ 1907.00
Monument Inspection Fee $ 274.00
Fees Paid to Date $ 2819.00
Balance of Fees Due $ 0.00
''To Be Determined
3
R:\AGENOA REPORTS\200510111051PM 31751.doc
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ITEM 7
APPROVAL
CITY ATTORNEY --t:rJ/1
DIRECTOR OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
FROM:
City Manager/City Council
~1 William G. Hughes, Director of Public Works/City Engineer
January 11, 2005
Parcel Map No. 31724, Located South of Overland Drive, EastofYnez Road,
West of Margarita Road, Being a subdivision of parcel 1 as shown by tract
map 30107.
TO:
DATE:
SUBJECT:
PREPARED BY: fflRonald J. Parks, Deputy Director of Public Works
Chris White, Assistant Engineer
RECOMMENDATION: That the City Council approve 1) Parcel Map No. 31724 in
conformance with the Conditions of Approval 2.) Subdivision Monument Agreement and accept the
Certificate of Deposit for Monuments as security for the agreements.
BACKGROUND: Parcel Map No. 31724 is located within Parcel Map 30107, Parcel
Map No. 31724 is subject to all underlying conditions of approvals.
Parcel Map No. 31724 is a Parcel with three (3) lot commercial parcels. The parcel is located South
of Overland Drive, West of Margarita Road and East of Ynez Road. The site is currently being
constructed for commercial/retail purposes.
The owners of the property is:
Overland Land & Cattle Company, A California Limited Liability Company has met all of the
Conditions of Approval. This Parcel Map is in conformance with the approved tentative parcel map.
The approval of a final parcel map, which substantially complies with the approved parcel map, is a
mandatory ministerial act under State Law.
The following fees have been deferred for Parcel Map No. 31724:
Development Impact Fee due prior to issuance of building permit.
FISCAL IMPACT: None
ATTACHMENTS:
1. Development Fee Checklist
2. Fee & Security Report
3. Project Vicinity Map
4. Parcel Map No. 31724
r:\a9drptI04/tm29798,-1,-2.,map
CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
CASE NO, PM 31724
The following fees were reviewed by Staff relative to their applicability to this project.
FEE
CONDITIONS OF APPROVAL
Flood Control (ADP)
N/A
Quimby Fees
N/A
Development Impact Fee
To be paid prior to issuance of a building
permit
2
r:\aQdrptI04/tm2Q7Q8..1,-2,.map
CITY OF TEMECULA ENGINEERING DEPARTMENT
FEES AND SECURITIES REPORT
Parcel MAP NO. 31724 DATE: Januarv11,2005
IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR
SECURITY SECURITY
Street and Drainage $ 0 $ 0
Water $ 0 $ 0
Sewer $ 0 $ 0
TOTAL $ 0 $ 0
Monument $ 2,000 -
DEVELOPMENT FEES
City Traffic Signing and Striping Costs $ 0.00
RCFCD (ADP) Fee $ N/A
Development Impact Fee $ 0.00
SERVICE FEES
Planning Fee $ 58.00
Comprehensive Transportation Plan $ 4.00
Plan Check Fee $ 830.00
Monument Inspection Fee $ 250.00
Fees Paid to Date $ 1,058.00
Balance of Fees Due $ 84.00
I
3
r:lagdrptI04/tm29798,-1. ,2.,map
,,~,y
SCALE'-=60'
,~~ ~~~.1~ AC PJtRCEIi.M~P31724
GROSS ACREACE=5.19 AC
IN THE CiTY Of 1EMECULA, COUNTY Of RIVERSlOE. STATE OF CAUFORNIA
BEING A'SUBDIVlSlON Of PARCEL 1 OF PARCEl )lAP 30107 AS SHOVIN ON A MAP
RECORDED 'IN BOOK 204 OF PARCELMAPS,-,'PAGES60 THROUGH 64, INCLUSIVE,
. 'RECORDS OF RIVERSIDE. COUNTY, STAlE,OF CALIFORNIA.
,'. '.-;
DEHNlSC. fARNSWORTH, R.C.E. 31653 ;,AJL Y 2003
.'
DWIt/F11'S'iTATFIIF.NT
JJF H€RE8'1 SrATe YE'ARC THE ottNERS OF mE LAND /NCLl/OEJ),MTHIN THE SlJ81)IIIfSKJN
. SHO'ftN.'HE:RffJN: ,THAT /IE HE lJE lMY PERSONS,IIfHOSf:,CONSENT IS NliCESSAfrY TO
PASS.A ClEAR,71M TO s.t4l LAND; THAT K CONSENT TO'f1(E ill"A~ AMO RE'(:(JRf)II{(;
, OF THIS SI/BOMS/ON AlAP AS SHOIW M7H/N THE /JISTfNC11.1.C fJOIWffi LINE.
lIE' HEREBY DEDIc.-. If" AavT1ERS Rf(;HTS OF Aca:ss ALONG OYmtAND lJRIlIt: AND mEZ RtAI.f)
1V THE PU8UC. THE OJlNERS OF PARCC/.S t 'THROUGH J, A8V17JNG THeSE HGHWA ~ i4N()
DURING SUCH 17ME: JlILL HA\IC NO '"GIfTS OF ACtUS E~T M:GENERAL EASDIENT OF
71i'AI-fi; ALSO EXCEPTING 7JIO ADJACENT rHIIlTY FOOT OPENINGS, ONE F:ACH, f"ORPARCELS
NtlM/JER r AN/) N!JM89 J, AND PARt."D..S NWBER 2 AHIJ NIJM8ER .:t ~S SHOItN Hef(EC#I.
ANY,CHAJiIGE OF ~UGNMOIT OR MQ1H'7H~TKESVLrs IN-TH!: ~Gl'l",W THERF:OF.SHAl.L
lER1tIINA~7fflSDaJJCI4I1ONASroTHE:PARrVACAlCO.
IIf'RETAIN UNro 0URSa~ ()(.JR HfIRS AN[) ASS1aNrrs.' THE:,RB:IPROCAL ACCE:SS EASa/VlT
FOR INCRESS ECI?<SS SHOW; ON THE: lIAP HERETJN OlE'R PAHCaS I~. AND .1 FOR THE
BENEFTT OF PARCELS r. 2 AN/) 3-
JlI: ALSO HelEBY Rt:TAIN UNTO OURSIlI.lo!'S: OUR HEIRS AND ASSIGNEES, THE PRi't'A rt: S!1lE1i'
EASEMENT O~ PMCEL I FOR JHF: BENEFIT OF PMCn 2 AND 71-fC PRiVArt: Sl1lEJi'
EASDlENT O;e;' PARCElS I AND 2 FOR THF: S€NUIT or IWlCEL .J.
O~ANO LAND ~ CAme GU. A, CAI.1FIJIfNJA l.II/ITED UABlUTY COMPANY
.JAMES C H1/N!)!EY, MANAGING UD/BER
RFNFFlC/AHY
TEllECiJlA VAlLEY BANK. No'"
8ENEFICI~RY I.INOER f)a:t) OF TR/JST ~lJE() JlJN< '&; 2tXD. AS INSTRI.iItIENT NO.
2O()J-41J076. O(F'1CTA[ RECORDS OF m'tERSJOE COI/NTY. STArt: OF CAUFOIfNIA.
'"''
NtJTARY AfYt'N(JIM~T
STATFOF'CALJFOIfNIAk
COUNTY OF )
ON BEFaiiEIJE.
f'ffiSONA1LY APPEAREl) JAMES E. HIINDlEY. PF:RSONALL Y.KNOIIIN TO liE (Off PROW
TO liE ON THe BASlSOFSA71SFACTORY ElifDENCI) ro BE THE PERSON /tHOSE NAM€ IS
SlIIJSCIlIBBJ IV THE WITHIN INS1F?IJAI€NT AND ACKNOIItIBJCED. IV ME THAT HEDtECUlCO
THE SAlK IN HiS AI/1Hamm ~PAaTY. ANlJ THATBYH/SSlCNAnJRE ON THEINS1lWJrIENT
7HE PmSON, OR THe EN71TY /JPON BOfAiF OF IfMCH 11ft; PERSON ACrm. EXECl/1EO rwF:
INS1RI.IMENr.
ItITN€SS IIYHAN/):
MY C()MI.IISS/ON EXP/IiES
NOTARY PI/BLlC IN ANlJ FOR SAID STArt:
MY PRINCIPII! RAat OF evS/NESS IS IN
"'''''''''''
"""'"
NDTARY AfYfNDWI~T
STArt: OFCAUFORNI...}
r
COON'" OF
ON BEFDR<ME;
PERSONALLY APF'F:A/f€/) PE'RSONALLY
KNOIW TO ME (OR F>ROW;D IV liE ON THE fJAS/S OF SAi1S1'ACn:ll\'Y EVlDCNCE) TO BE 11-IE
PERSON(S) WfI()!1E NAME(S) IS/ARE StlBSCffJ/E{) TO THE WITHIN INS'fR!AlOIT AND A~
1lJ ME THAT H€/SHF:/lHa EXEaJ1ED THE' SWE IN HfS/HBf/1HBR A1/1HORfZ8J CAP/IIGYTY(IE5.t
AN!) 7HAT BY HfS/'HER/1H8R SlGNA1lJR€(S) ON lHE,fNSlRIJM€NT lHE PCR$aN{S.t OR THE EN71TY
//PON BD-fAIf OF'.WI1ICH me PERSON(S} AC/!'ZI, EXEC111ED 1IIE INSrRllMWr.
ffl1/iIESS 11'1' HAND: MY COMIIIJSSION E:XPfRE:!'
NOTARY PUBUC IN AND FOR S4/O STA TF:
MY PRINCIPAL PLA~ OF 8IJS/NESS IS IN
""""""
"""'"
'i1CNA7UHF"~
PlJRSUANT TO SCC71C#1 -6UJ6 (eXI) OF THE Sl.JiW/lIIS/ON 1rI/JP ACT; THE SIGNA nJRF:S.OF THE
FOLLOIt1NC OIllNO?S OF EASEllF:N1S AND OR OTHER /N1ER€STS HA IoF BEEN OUITTrn. 1HelR
INTEREST BEING.SlJCH THAT IT CANNOT RIPEN INTO A F€€.'
1. lHE COUNTY OF R/;e;'SJ<< HOU'J€R IfCrJ)$ OF AN EASEMO<T FOR Sl.~ &SDIENTS
RECORDED ON I4PRIL ~ .,9fi6 AS INS1'RfJN!NTNO. :170S1, Cf'F1C1AL MCORbS.
NOT PLOTTABU: PER REctJRI}$.
2. THe cotINTY. OF RI'lERSIO€ Ha.lX8 OF 1W EAS€/iENT FOR PU8iIC 1/71UTY f't.mPOSES AS
SHOWN 8'1' ~ TRACT MAP 3.JJ0I- ON f1lE IN,fJOOt( 54, PACES 25 7HROUCH:JO OF UAPS;
IN THE CQl/NTy OF Rfv&Slt)f; ffECORfJ&.
.1 S{)iJTHERN Gl'll/FCRM... EVlSON COAIPNoIY AND G'F:NFRAL TElEPHONE CalPANY OF
C/lllFCIffNf'" HOWER OF AN EASEMENT FOR P/J8L1C.1/71l./TY PIJRf'OSES RECORDlif) ON
fF8RUARY 4, 1970 AS INSTRUMENT NO. 172.J2.0FFlCIA1. RECORDS.
SHEIl I OF 2 SHEETS
~~STA'1FVFNT
mro1H!S_()AYOF~2fXU
AT _ _.AI" IN 800K ~ or PARCa
J.lq<S.ATPAGES~AT1HE
RirOUEST OF THE: aD?/( OF THE CITY
OF rt:MECI/LA
NO
""I
GotIi'Yt.. ORSl:l, cotlNTYASSES:.S'CW
Q.ERK--
B"
~ l:T..7FUFNT
SIJBl>>I<fS/ON (;IJARAN1CF 8~
CHICAGO mzr COMPANY
THIS /tIAP WAS PflCPAREf},llY lIE OR iINDER MY SlIPERWSION AND IS BA.s:ro ON A
F1EW SU'i'~ IN ~ tl/7HifHE_RefJfJIREMENTS OF THE SlJB()IVlSION /JAP
ACT AND LOCAL ORDINANcE AT mE REOUES7' OF DAVCON DE'tf:I.DPIIIe/T ON JUNE /2.
"'"' '
I HEREBY STA TE: THA T AU MONIIJ.IE1flS AHE or THE: CHARACTER AND OCCUPY' THE'
PQSIllONS INOICA7FD, OR IfIU BE SET IN ACCORDANCE "'11/ 71tE TERMS OF THE
MONt.J/fIENT AGRffMENT f'(M THE MAP; AND fHAT ~fllltlONllltft:NlS ARE SfJFF/QENT TO
ENA8t.E, THE: SURl>FY TO tr Rf:WACET). I HERBJY STArE THAT THIS PARCEL MAP
SV8STANTlAUY CDNF'ORJ.IS TO 1HE APPROIlt:D OR CClNOITlQNAUY APPROW TQlTAn!>F
MAP. IFANY.
()AT~: II/#"""':
t)~ . c:.~
DENNIS G:. FARNSWORTH,
uc. EXP. 12/:11/04
~/
"" en.",
CITY,~ o;'TAT1'JIfflr
I HEREBY ST~TE: THAT THIS MAP. CONS/STINe OF ~ (2) SHEErs. HAS BEE'N EXANlNCD BY
ME OR. /.WDERMY SVPa?I<fS/ON NolO FfJlJN/) TO BE SV8STANTlALLY THE ~IK AS IT APPEARED
ON ;HE TENTA 711'f' MAP OF TRACT /tIAP 317201- AS FlLFtJ AND APPROI1f:D BY rHE CITY OF
7r:MJ:ctJlA oN FF8RUA1{i 14 2004. THE €XP/RA"fltJN a'irE BEJNC FEBRtJARy 1/1, 2006. THAT ALL
PRO\I1S/ONS OF APPLIC.A8I.E STATE LAW AND ClTr' RCCULA71CWS HAI1f: BEEN COUPUm MTH,
~NIJ THAT I All SA71SF1ED THIS IllAPIS 1'ECf/NI(;MLYCORRECT.
R<:iNAlD,J. PARKS, RCE/97#
DESlGNA TFl) AC71NC ClTr' ENGINEER .
CITY OF IntE'ClIlA
EXPlRA710N CATE: 9j)O~
CITY r.J nw-'<: ('7" TRIFNT
THE CITY (;(JIJNCfl. OF THE CITY or 1l)(!"CIIl.A, STATE OF CAJ.JFORNIA, BY ITS CITY CLERK.
SI.I~N 1f..JONES, CMC. HFRaJY APPROV€S 1HE PARGU MAP.
""""
CITY CLERK, OTYOF TF:MEctJlA
Sl.lSAN II! ~ CMC
TAl'lIDND,f:FR71F1CA7F"
I HE1?E1JY C!lrT1FY THAT A lJONl) IN 11fE'SUM or HAS BFEN EXCCI/TFD
AND RUJ) "'711 THE 8I>>.RD OF SUPCRI1SOHS OF THE COUNTY OF RI'r'ERSIDF:,
CALIFORNIA. CWOlTlONED /JPON THE: PA '/'MEWT OF AlL T..uF~ STA IF, COUNTY. MUNICIPAL
OR LOCAL. AND All SP(CIAL ASSESS1ENTS COl.UCTEI' AS TAXE:'t 'ItH1CH A T THE 1IUE: OF
7HE:F1lJNC OF 1HlS MAP II1TH THE COIJNTYRECOIltJER AIiE A /JFN AGAINST SAID
PfWPFRTY, SUT NCT l'U PA rAULE" AND SAIO BON/) HAS BEEN lNI/. Y APPROvm BY
SAI/) BOARD OF 5t1P€R\IISORS .
OAW:
CASH TAXlJON(J
PAf)l Mt:DONNn1.
COUNTY TAX C011.ECTOR
NANCY I?OMB?O
Ct.E1/f( "' THE" BOARO or SUPERI1SORS
"
-'"
TA.YtYJ//~TnI1"!;;f'$II~7F"
I HF:HEBY a:R71FY THAT ACIXBDING ro THE: ReCORDS OF THIS 0f'F1CE, AS OF THIS OAT!:
1HFRE ARE NO lKNS ACNNST THE REAL PROPF:RTY SHOlIIN ON THE 1t11HlN MN' FOR
/.JNPA/l! ST~lE,.COtJNTY.Itll.lNlC/PA1 OR LOCAL T~ M SPECIAl ASSESSMENTS caLEC1W
AS TA.I(!:S f:XCEPT T~ OR SPE'ClAL ~SSl:SSUEN1S COLlECTED AS TAXES NOW A Uf:N Bl/T
NOT rETPAYABLE, IfH1C/1AftEES11UATED TO BE ,------.
0A1ED:
PAUL ftIdJONNEU. . COUNTY TAX COLLECTOR
'"
-'"
5<C_
r.
R. .JW
,
1
SCALE '-=60'
NO. Of' ,PARCElS 3
NET Aa:tEAGE-5.19 AC
GROSS A~EAGE-5.19 AC
PARCEL MAP 31724
SHEET 2 OF 2 SHEETS
"
IN THE ClTY OF TEMECULA, COUNTY OF RI'<8<SIDE. STATE OF CAUFORNIA
BEING.ASUSDlVlSION QFPARCEL 1 OF PARCEL'MAP 30107 -AS SHO'Mll ON A MAP
I RECORDED IN. BOOK 204 OF PARCElMAPS,PAGES.60 lHROUGH 6., INQ.US11JE.
, RECORDS OF R1VERSlOECOUNlY. STAlE OfCAUFORNIA.
DENNIS C. FARNSWORTH, R.c.E. 31653 JULY 2003
I
I
D...Cft'tJI"RF~
~"!;NO~
SCALE.: 1--60'
lJCAI1N(;S ARC BASED lIF'ON THE CEHmttNE OF'
O~M' 011111(" BE1NG NIJ5"2'<<JY PET?PARCn
IiIAP:ro107 AS $HOIfN (If MAPOfI RJ..E IN 800K
~,orPMCEI.. UAPs, PACCSS~64. fWCLU$l1tE
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FNlAR'nNUFNTAI IJt'1N'I:7RANT NfJ'f'Ih
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I ~~;:~~~c:o:;~
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. 1NDICA1CS FrJtJM) 1KNf.IIIOI"A$ NOTED.
o ':ri:rTESNAll.SCT~';ArRCCPrPJriAGCED R.CE. J165.J Fl./J9IItT All. COIlNCRS
( ) INDICA TES 1lEASUf?CD ANI) RaoNJ PER PM JatO?, PM8 204/50-64-
1H1S PA/I'CCl MH CONTAINS ""'I AC (;ROSS ",7H1N
1H€OISrwcnIlFBORtJER.
tJlMINACE CASDlCNTS SHAI..L BE' KEPT FREE OF BIII/.1JtN(;S
AND alS71nJC1/ONS.
'~INDICA1CSHCSlRICrEDACC!"S:S'fNQfTS.,
OJRIF DATA'
I ""11": fRfn I!\,'\S I'i.'l/I' l~l!I"1
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ITEM 8
APPROVAL
CITY ATTORNEy~A
DIRECTOR OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
,\ City Manager/City Council
rr! fl William G. Hughes, Director of Public Works/City Engineer
January 11, 2005
DATE:
SUBJECT:
Completion and Acceptance of Citywide Concrete Repairs FY2003/2004 -
Project No. PW04-11
PREPARED BY: ~reg Butler, Principal Engineer
if Scott Harvey, Associate Engineer
RECOM!VIENDATION: That the City Council:
1. Accept the Citywide Concrete Repairs FY2003/2004 - Project No. PW04-11 as complete.
2. File a Notice of Completion, release the Performance Bond, and accept a one (1) year
Maintenance Bond in the amount of 10% of the contract.
3. Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion,
if no liens have been filed.
BACKGROUND: At the meeting of June 22, 2004, the City Council awarded the construction
contract to International Pavement Solutions, Inc. in the amount of $172,415.00 and authorized the
Mayor to execute the contract. One change order for an amount of $12,845.30 (Seventeen
additional locations) and a decrease in final quantities decreased the contract amount by
$17,900.30, bringing the total cost of the project to $167,360.00.
The project consisted of replacin9 damaged sidewalks, curb & gutter, cross gutters, spandrels,
driveway approaches, access ramps, and under sidewalk drains throughout the City. The
contractor has completed the work in accordance with the approved plans and specifications
and within the allotted contract time to the satisfaction of the City Engineer. The construction
retention for this project will be released on or about 35 days after the Notice of Completion has
been recorded.
FISCAL IMPACT: This project was funded through the Public Works Maintenance Division
Routine Street Maintenance account. The total cost of the project was $167,360.00.
ATTACHMENTS:
1. Notice of Completion
2. Maintenance Bond
3. Contractor's Affidavit
R:\AGENDA REPORTS\2005\01110S\PW04-11 Accept.DOC
RECORDING REQUESTED BY
AND RETURN TO:
CITY CLERK
CITY OF TEMECULA
P.O. Box 9033
43200 Business Park Drive
Temecula. CA 92589.9033
NOTICE OF COMPLETION'
NOTICE IS HEREBY GIVEN THAT:
1. The City of Temecula is the owner of the property hereinafter described. Nature of
Interest Vendee Under Contract.
2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula,
California 92590.
3. A Contract was awarded by the City of Temecula to International Pavement Solutions,
Inc.. P.O. Box 10458 San Bernardino, CA 92423 to perform the following work of improvement:
CITYWIDE CONCRETE REPAIRS FY2003-2004
Project No. PW04-11
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 T emecula at a regular meeting thereof held on January 11,
2005. That upon said contract the Safeco Insurance Company of America, 130 W, Vine St., Redlands,
CA 92373 was surety for the bond given by the said company as required by law,
5. The property on which said work of improvement was completed is in the City of
Temecula, County of Riverside, State of California, and is described as follows:
CITYWIDE CONCRETE REPAIRS FY2003-2004
Project No. PW04-11
6. The location of said property is: Various City Streets, Temecula, California
Dated at Temecula, California, this 11th day of January, 2004
City of Temecula
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss
CITY OF TEMECULA
Susan W. Jones CMC, City Clerk
I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under
penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said
NOTICE OF COMPLETION was duly and regularly ordered to be recorded ,in the Office of the Cou~ty
Recorder of Riverside by said City Council. '
Dated at Temecula, California, this 11th day of January, 2004.
City of Temecula
Susan W, Jones CMC, City Clerk
R:\CIP\PROJECTS\PW04\PW04-11 pcc Repairs\COMPlETlON NOTE.doc
D~e 27 2004 3:42PM
HP LASERJET 3330
p.
Bond # 6276832
Premium: Inclnded
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
MAINTENANCE BOND
FOR
PROJECT NO. PW04-11
CITY 11117DE CONCRETE REPAiRS FY2003-2004
KNOW ALL PERSONS BY THESE PRESENT THAT:
International Pavement Solutions, Inc., P.O. Box 10458, San Bemanlino, CA 92423-{1458
NAME AND ADDRESS CONTRACTORS
a Corpomtion
(MIn wftfher 8 CorpmNon, P&Ow.a:- or IhdWuW)
, hereinafter called Pri ncipal, and
Safeco Inswance Company of America, 130 W. Vine Street, Redlands, CA 92373
NAME AND ADDRESS OF SURETY
hereinafter called SURETY, are hold and firmly bound unto CITY OF TEMECULA,
hereinafter called OWNER, in the penal sum of One Hundred Seventy-Two Thousand Four Hundred
Fixteen DOLLARS and No CENTS
($ 172,415.00, \ In lawful money of the United States said sum being not less than tan
(10%) of the Contract value payable by the said City of temecula under the terms of the
Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and
severally, firmly by timm presents.
THE CONDITION OF THIS OBLIGATION Is such that whereas, the Principal entered Into a
certain Contract with the OWNER, dated the 22nd day of June 2004 a..C.O.PY
of which is hereto attached and made a part hereof for the construction of PRUJI:CT NO. PW04.
11, CITYWIDE CONCRETE REPAIRS FY2003.2004.
WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee
for the pedod 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_
Januaty 11, 2005 ,~
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if within one year
from the date of approval of the final estimate on said job pursuant to the Contract, the work done
under the terms of said Contract shall disclose poor wortmanship in the execution of said wort,
and the carrying out of the terms of said Contract, or it shall aprear that defective materials were
furnished thereunder, then this obligation shall remain In ful 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, Induding reasonable attorneys fees incurred by
the City of Temecula In successfully enforcing this obligation, all to be taxed as costs and
induded In any judgment rendered. '
MAINTENANCE VlME)
M.l
FLTlPPWK-CMPWO<WVOU-I I POC NP"fAPWW"l-l I PCC FWPlS Q$f'c
Dee 27 2004 3:42PM
HP LASERJET 3330
-p_.
(
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 therelJnder, 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
Contact or to the work, or to the Specifications.
Signed and sealed this 27th
day of
December
.2004.
(Seal)
SURETY S,.rC<:OlnsunmceC~eriC'
By: l '-(ilkJJ g,.6i"
. (/
Karen J. BJornestad
(Name) ,
AttomeylnFact
(nle)
PRINCIPAL International Pavement Solutions. Inc.
By: _ c: ~ ~___
(Name) Brent C. Rieger
(Tide) President
Peter M. Thorson, City Attorney
By:
Dennis C. Rie~r ~"
(Name)
Treasurer
(Tito)
.
...C~~
' ,
APPROVED AS TO FORM:
MAIWINAKE 8M
U.2
RZPPRWWMPWUPWD4-11 PM RV"'Ap"'-11 POC AWAh 05M4AX
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of San Bernardino
On December 27,2004
. o..t,
before me, Gabrielle B. Fulton, Notary Public
Name and Title of Officer (e.g., 'Jane Doe, Notary~ublic'
personally appeared
Karen J. Bjomestad
Name{s) of Signet1:s)
~ personally known to me - OR - 0 Jjr9'/oG ta me an tile easis af satisfaGtary e'liaeAGe to be the person{sj
whose namefsl is/af6 subscribed to the within instrument
and acknowledged to me that lleIsheltlley executed the
same in llisJher/tlleif authorized capacity{ie6t.- and that by
lli6Iher/tlleif signature{sj on the instrument the person{sj,
or the entity upon behalf of which the person(s} acted,
executed the instrument.
GAIlRIEUE 8, F JON
. C~lYl' 1452688
Notary PublIC . CallfomlO
SOn Il8'OO'dlnO CountY
., Mv' NllY2'1:llXl1
WITNESS my hand and official seal.
~~u-Q(k ~- ~~Lvr~
Signature of Nctary Public
OPTIONAL
Though the information below is not mquired by law. it may prove valuable to persons relying on the ctJcument snd could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Maintenance Bond
Document Date: December 27,2004
Number of Pages: 2
Signer(s) Other Than Named Above: Brent C. Rieger
Capacity(les) Claimed by Signer(s)
Signer's Name: Karen J. Bjornestad
Signer's Name:
o Individual
o Corporate Officer
nle(s):
o Partner - 0 Limited 0 General
~ Attorney-i n- Fact
o Trustee
o Guardian or Conservator
o Other: Top of thumb "m
- ,- -
- - --
::c.3:: ;:1,
o Individual
o Corporate Officer
Title(s):
o Partner - 0 Limited 0 General
o Attorney-i n- Fact
o Trustee
o Guardian or Conservator
o other: Top of thumb here
- - - - -
- -. - - ~
:;- :: c: ::,
Signer Is Representing:
Signer Is Representing:
Safeco InsUl'allCe Company of America
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
PROJECT NO. PW04-11
CITYWIDE CONCRETE REPAIRS FY2003-2004
'International Pavement
This is to certify that _ Solutions, Inc._, (hereinafter the "CONTRACTOR") declares
to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor,
services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of
the CONTRACTOR's agents, employees or subcontractors used or in contribution to the
execution of it's contract with the City of Temecula, with regard to the building, erection,
construction, or repair of that certain work of improvement known as PROJECT NO. PW04-11,
CITYWIDE CONCRETE REPAIRS FY2003-2004, situated in the City of Temecula, State of
California, more particularly described as follows:
Proje~ No. PW04-11 Citywide Concrete Repairs FY2003-04
INSERT ADDRESS OR DESCRIBE LOCATION OF WORK
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:
i
,
f-.JIA
Description
Dollar Amount to Dispute
-A
Pursuant to Public Contract Code !j7100, the CONTRACTOR does hereby fully release and
acquit the City of Temecula and all agents and employees of the City, and each of them, from any
and all claims, debts, demands, or cause of action which exist or might exist in favor of the
CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the
CONTRACTOR has, not disputed above. '
CONTRACTOR
/ / i'
Dated: /;)1 c2? l{iY
By:
Print Name and Tille
RElEASE
R.l
R:'CIF'PROJECTS\PW04\PWQ4.1 j FCC Repais\Specs\PW04.11 FCC Repais 052504.c1oc
ITEM 9
APPROVAL
CITY ATTORNEY '-tVI'i,
DIRECTOR OF FINANC
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
FROM:
pity Manager/City Council
.-yJ'lANilliam G. Hughes, Director of Public Works/City Engineer
TO:
DATE:
January 11, 2005
SUBJECT:
Authorize Temporary Street Closures for Good Old Days Car Show 2005
Event in Old Town. (Old Town Front Street, between Moreno Road and
Second Street, and other related streets)
PREPARED BY:
11Ronald J. Parks, Deputy Director of Public Works
~teve Charette, Associate Engineer.
RECOMMENDATION:
That the City Council adopt a resolution entitled:
RESOLUTION NO, 2005-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES
FOR OLD TOWN FRONT STREET AND ABUTTING STREETS
FROM SECOND STREET TO MORENO DRIVE EAST FOR THE
GOOD OLD DAYS CAR SHOW 2005 EVENT ON FEBRUARY 25,
26 AND 27, 2005, AND AUTHORIZING THE CITY ENGINEER TO
ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT
BACKGROUND: The first Annual Good Old Days Car Show necessitates the temporary
closure of Old Town Front Street between Second Street and Moreno Drive East as well as abutting
streets in the Old Town area on February 25,26 and 27, 2005 to accommodate and provide the
"Street Scene" ambience that allows the free movement of pedestrian traffic by minimizing potential
vehicular-pedestrian conflicts. The event times will be from 5:00 PM to 8:00 PM on Friday night and
5:00 AM to 6:00 PM for both Saturday and Sunday of the event. Motorists will be detoured through
Mercedes Street. The event will accommodate designated handicap parking.
Under Vehicular Code Section 21101, "Regulation of Highways", local authorities, for those
highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for,
among other instances, "temporary closing a portion of any street for celebrations, parades, local
special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the
closing is necessary for the safety and protection of persons who are to use that portion of the street
during the temporary closing".
The City Council adopted Resolution No. 91-96 on September 10, 1991, which provided standards
and procedures for special events on public streets, highways. sidewalks, or pUblic right of way.
While a process was established for reviews and approvals, no mechanism was provided for
delegating authority to temporarily close streets, or portions of streets, for these special events.
1
R:\AGENDA REPORTS\2005\011105\GOOD OLD DAYS CAR SHOW,CLOSURE,doc
~
The recommended resolution delegates the authority to approve temporary street closures for the
Good Old Days Car Show 2005 Event sponsored by Central Cost Productions, Inc. This authority is
limited to and delegated to the City Engineer (or an authorized representative) only. Any other
special events requiring temporary street closures, construction related closures, etc., remain
subject to the approval of the City Council subject to nules and regulations established by the City
Council. These rules and regulations shall also be adopted by resolution in accordance with
California Vehicular Code Section 21101.
The sponsors of the Good Old Days Car Show Event propose street closures as follows: Old Town
Front Street between Moreno Road (E) to Second Street from 4:30 PM to 8:00 PM on Friday,
February 25th and 4:30 AM to 6:00 PM on both Saturday, February 26th and Sunday, February
27'h,2005. Vehicles will be detoured through Mercedes Street. In addition, portions of Sixth Street,
Fifth Street, Fourth Street, Third Street, and Second Street will be closed (See Attached Exhibit).
Main Street will be closed from Mercedes Street to the southwesterly side of the Main Street Bridge.
Access is provided to handicap parking lots located at Sixth Street and Mecerdes Street and at First
Street and Old Town Front Street. Show car parking will be at designated parking lots and along
both sides of Old Town Front Street as shown on the attached Location Map.
FISCAL IMPACT: Estimated costs for the Public Works Department Maintenance Division
support is estimated at $3,800.00. Adequate funds are available in Account No. 001-164-601-5402.
ATTACHMENTS:
1. Resolution No. 2005-_.
2. Location Map
2
R:\AGENDA REPORTS\2005\011105\GOOD OLO DAYS CAR SHOW.CLOSURE,doc
RESOLUTION NO. 2005-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES
FOR OLD TOWN FRONT STREET AND ABUTTING STREETS
FROM FIRST STREET TO MORENO DRIVE EAST FOR THE
GOOD OLD DAYS CAR SHOW 2005 EVENT ON FEBRUARY 25,
26 AND 27, 2005, AND AUTHORIZING THE CITY ENGINEER TO
ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
WHEREAS, The California State Vehicle Code provides for the promulgation of rules and
regulations for the temporary closure of public streets by local authorities by Resolution; and,
WHEREAS, the City Council desires to establish rules and regulations for the temporary
closure of public streets in the interest of promoting safety and protection; and,
WHEREAS, The City of Temecula desires to authorize the closure of public streets for the
Good Old Days Car Show 2005 Event sponsored by Central Coast Productions, Inc. for which such
temporary street closures promote the safety and protection of persons using or proposing to use
those streets for the special event: and, ,
WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily
close public streets, specifically Old Town Front Street between Second Street and Moreno Road
east as well as portions of Sixth Street, Fifth Street, Fourth Street, Main Street, Third Street, and
Second Street for the Good Old Days Car Show 2005 Event; and,
NOW, WHEREAS, the City Council desires to authorize the City Engineer to approve
temporary street closures for the Good Old Days Car Show 2005 Event sponsored by Central Coast
Productions, Inc., and to establish the general rule that all other proposed temporary street closures
shall be reviewed and approved subject to conditions, or disapproved, by the City Council; and,
THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby
authorizes the City Engineer to permit temporary street closures for the Good Old Days Car Show
2005 Event, and establishes the general rule that all other temporary public street closures shaH be
approved or denied approval by the City Council.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a
regular meeting held on the 11 th day of January, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W.Jones, CMC, City Clerk
3
R:\AGENDA REPORTS\2005\011105\GOOD OLD DAYS CAR SHOW.CLOSURE,doc
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 2005- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 11th day of January, 2005, by the following vote:
AYES:
o
COUNCILMEMBERS:
COUNCILMEMBERS:
NOES:
o
ABSENT:
o
COUNCILMEMBERS:
4
R:\AGENDA REPORTS\2005\0111 05\GOOD OLD DAYS CAR SHOW. CLOSURE-doc
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ITEM 1 0
APPROVAL~
CITY ATTORNEY -uJ,Pt!;
DIRECTOR OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
FROM:
City Manager/City Council
~William G. Hughes, Director of Public Works/City Engineer
TO:
DATE:
January 11, 2005
SUBJECT:
Pauba Road Improvements - Phase II, Project No. PWOO-09
Approval of the Plans and Specifications and Solicitation of Construction
Bids
PREPARED BY:
mer Attar, Principal Engineer ~A
Laura Bragg, Project Engineer~
RECOMMENDATION: That the City Council approve the Construction Plans and
Specifications and authorize the Department of Public Works to solicit construction bids for Project
No. PWOO-09, Pauba Road Improvements - Phase II.
BACKGROUND:
The Pauba Road Improvements - Phase II Project will widen Pauba Road to its ultimate width from
Margarita Road to west of Showalter Road. This project will include asphalt pavement, curb &
gutter, sidewalk, asphalVconcrete berm, drainage facilities and striping for access to the new library
site, and construction of the new water line that will service the new Temecula Library.
The Plans, Specifications and Contract Documents have been completed and the project is ready to
be advertised for construction bids. These Plans and Specifications are available for review in the
City Engineer's office.
The Engineer's estimate for this project is $1,766,000.00.
FISCAL IMPACT: The Pauba Road Improvements - Phase II is a Capital Improvement Program
project funded through Development Impact Fees - Street Improvements and Measure A.
ATTACHMENT:
1. Location Map
2. Project Description
r:\agdrpt\2002\0423\pw02-05 bid/AJP
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ITEM 11
APPROVAL
CITY ATTORNEY .-uJ.A
DIRECTOR OF FINAN~
CITY MANAGER -?:JJ-
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City Council
IlJs:r\William G. Hughes, Director of Public Works/City Engineer
DATE:
January 11, 2005
SUBJECT:
Amendment NO.2 to Professional Services Agreement with Valj Cooper &
Associates, Inc. for Inspection Services for Various CIP Projects
PREPARED BY:
Greg Butler, Principal Engineer
David McBride, Senior Engineer
RECOMMENDATION: That the City Council approve Amendment NO.2 to the Agreement
with Vali Cooper & Associates, Inc. to provide professional inspection services, in an amount not to
exceed $45,000.00, and authorize the Mayor to execute the agreement.
BACKGROUND: The Capital Improvement Project (CIP) Division of the Public Works
Department currently has one of its full-time inspectors serving our Country in Iraq for seven months.
He is expected to end his tour of Duty at the end of January of 2005. In order to fill the gap of this
temporary staffing shortage, and to cover exceptionally high work loads staff requested proposals
for inspection services and Vali Cooper & Associates, Inc. was deemed the most qualified and cost
effective proposal. The original Agreement with Vali Cooper & Associates, Inc., in the amount of
$24,000.00, was approved administratively and Amendment No.1, approved by City Council on
August 10, 2004, increased the total compensation by $121,000.00, for an Agreement total of
$145,000.00
Based on actual expenditures through the end of November of 2004 and our forecast of inspection
needs going forward, we anticipate the current Agreement amount of $145,000.00 will be exhausted
in the middle of the January 2005. Further we do not have an exact date when our inspector will be
returning from Iraq and many of our current projects have substantial night work components.
Therefore we are requesting an additional $45,000.00 be added to the Agreement, $190,000.00
total, to cover inspection needs through the end of February.
R:\AGENDA REPOATS\ZOO5\01 1 1 05\Vali Cooper Amend 2.doc
FISCAL IMPACT: Inspection services are funded in the administrative (5801) portion of various
CIP Projects. The amount of the original inspection Agreement was $24,000.00. Amendment NO.1
was for an amount not to exceed $121,000.00, for an Agreement total of $145,000.00. Amendment
NO.2 is for an amount not to exceed $45,000 for an Agreement total of $190,000. Funding for the
original Agreement and Amendment No. 1 were identified previously. Adequate funds for
Amendment NO.2 have been identified in the following projects:
1.
Project / Account #
Pechanga Pkwy Storm Drain and Channel
(210.165.668.5801 )
Amount
$ 25,000.00
2.
Pavement Rehabilitation (Jefferson Avenue)
(210.165.621.5801 )
$ 20,000.00
Total $ 45,000.00
ATTACHMENTS:
1. Amendment NO.2
2
R:\AGENDA REPORTS\2Q05\011105\Vali Cooper Amend 2.doc
SECOND AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA
AND
VAll COOPER & ASSOCIATES,INC.
VARIOUS CAPITAL IMPROVEMENT PROJECTS
THIS SECOND AMENDMENT is made and entered into as of January 11, 2005 by and
between the City of Temecula, a municipal corporation ("City") and Vali Cooper & Associates, Inc,
("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties
agree as follows:
1. This Amendment is made with respect to the following facts and purposes:
A. , On July 22,2004 the City and Consultant entered into that certain agreement
entitled "City of Temecula Agreement for professional inspection services ("Agreement") in the
amount of $24,000.00 ("Agreement").
B. The Agreement for additional inspection services was amended on August
10, 2004, in the amount of $121,000,00, for a total contract amount of One Hundred Forty Five
Thousand Dollars and No Cents ($145,000.00) the Agreement as amended shall be referred to as
the "Agreement."
C. The parties now desire to amend the Agreement as set forth in this
Amendment.
2, Section 5 of the Agreement is hereby amended to read as follows:
PAYMENT
a. The City agrees to pay Consultant monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit A, Payment Rates and
Schedule, attached hereto and incorporated herein by this reference as though set forth in
full, based upon actual time spent 0 n t he above tasks. T he Second Amendment for
additional inspection services amount shall not exceed Forty Five Thousand Dollars and
No Cents ($45,000.00) for inspection services. The maximum amount of payment under
this Agreement shall not exceed the total Agreement amount of One Hundred and Ninety
Thousand Dollars and No Cents ($190,000.00) for the total term of the Agreement unless
additional payment is approved as provided in this Agreement.
3, Except for the changes specifically set forth herein, all other terms and conditions of
the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreementto be executed the
day and year first above written.
R:\Agreements\CIP Mise AgreementsWali Amendment 2.doc
CITY OF TEMECULA
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
Vali Cooper & Associates, Inc.
Agnes Weber, Executive Vice President
41 Washington Avenue
Point Richmond, CA 94801
(510) 788-6028
Regional Office
3900 Market Street, Suite 250
Riverside, CA 92501
(951) 788-6028
Agnes Weber, P.E., Executive Vice President
Connie Preston, Executive Vice President
(Two Signatures Required For Corporations)
2
R:\Agreements\CIP Mise Agreements\Vali Amendment 2.doc
ITEM 12
APPROVAL
CITY ATTORNEY P
DIRECTOR OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: ~~illiam G. Hughes, Director of Public Works/City Engineer
DATE: January 11. 2005
SUBJECT: State Route 79 Relinquishment
PREPARED BY: Beryl Yasinosky, Management Analyst
RECOMMENDATION:
That the City Council adopt a resolution entitled:
RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA REQUESTING CONSIDERATION FROM THE
CALIFORNIA TRANSPORTATION COMMISSION (CTC) TO
PROCEED WITH THE PHYSICAL RELINQUISHMENT OF
STATE ROUTE 79 (SR 79) AND DEFERRMENT OF THE
NEGOTIATED PAYMENT IDENTIFIED IN COOPERATIVE
AGREEMENT NO. 8-1258 TO A LATER DATE, AS
DETERMINED BY THE AVAILlBIL TY OF STATE FUNDING
BACKGROUND: On November 9, 2004, the City Council unanimously approved
Cooperative Agreement No. 8-1258 with the State of California to accept the relinquishment of
those portions of State Route 79 (SR 79) located within the City's boundaries. At that time, we
anticipated formal approval of the Cooperative Agreement by the California Transportation
Commission (CTC) in January 2005 with the actual transfer of the facilities to occur by
March/April 2005.
Last week, Caltrans' State Headquarters notified our local Caltrans' District 8 office that this
matter may be pulled from the CTC's agenda in January due to certain provisions of the
Agreement that require the State to pay the City an amount of $750,000 as part of the terms of
the relinquishment. After consulting with our District 8 office, it was recommended that the City
Council adopt a resolution requesting special consideration from the CTC to proceed with the
physical relinquishment of the highway and allow for the deferment of the $750,000 payment
until the State would be able to provide the funding.
If the CTC does not consider the City Council's request at the January 2005 commission
meeting, Caltrans' Headquarters indicated that the matter may be rescheduled for the March or
April CTC meeting (there is no February meeting). Although there has been some indication
that the State may be able to release transportation related funds sometime near the end of the
R:\agdrpt\05\0111\Relinquishment.CaltransAgrmnt
fiscal year, it is unknown if this funding would facilitate the relinquishment of SR 79. In any
event, staff is recommending that the City Council adopt the following resolution in an effort to
support the State in mitigating their financial constraints at this time, and avoid further delays in
the relinquishment of SR 79 to the City of Temecula.
FISCAL IMPACT: The CTC may deiay the relinquishment of SR 79 until adequate
State funding is made available, or approve the City's request to defer the $750,000 payrnent to
a later date. The fiscal impact to the City is unknown until the CTC takes action on this matter.
ATTACHMENTS:
Resolution No. 05-_
R:\agdrptI05\0111\RelinquishmentCaltransAgrmnt
2
RESOLUTION NO, 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA REQUESTING CONSIDERATION FROM THE
CALIFORNIA TRANSPORTATION COMMISSION (CTC) TO
PROCEED WITH THE PHYSICAL RELINQUISHMENT OF
STATE ROUTE 79 (SR 79) AND DEFERRMENT OF THE
NEGOTIATED PAYMENT IDENTIFIED IN COOPERATIVE
AGREEMENT NO, 8-1258 TO A LATER DATE, AS
DETERMINED BY THE AVAILlBIL TY OF STATE FUNDING
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
WHEREAS, the City of Temecula and Caltrans' District 8 have determined that the
residents and motorists of Temecula would be much better served if these segments of SR 79
functioned as local thoroughfares rather than State controlled highways.
WHEREAS, on November 9, 2004, the City Council unanimously approved Cooperative
Agreement No. 8-1258 between the City of Temecula and the State of California to accept the
relinquishment of those portions of State Route 79 (SR 79) located within the City's boundaries.
WHEREAS, the City of Temecula and Caltrans' District 8 anticipated formal approval of
the Cooperative Agreement No. 8-1258 by the California Transportation Commission (CTC) in
January 2005 with the actual transfer of the facilities to occur by March/April 2005.
WHEREAS, Caltrans' State Headquarters has indicated that Cooperative Agreement
No. 8-1258 may be pulled from the CTC's agenda in January due to the State's budget
constraints affecting its ability to fulfill the provisions of the Agreement that require the State to
pay the City a negotiated amount of $750,000 as part of the terms of the relinquishment.
WHEREAS, the City of Temecula recognizes that the State's budget crisis has severely
impacted its ability to fund transportation related projects.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Temecula, as
follows:
Section 1, The City Council desires to support the State in mitigating their concerns
regarding the financial obligations identified in Cooperative Agreement No. 8-1258, and
approves the deferment of said payment to the City of Temecula to a later date, as determined
by the availability of State funding.
Section 2, The City Council hereby appeals to the CTC to proceed with the approval
of Cooperative Agreement No. 8-1258 and the physical relinquishment of those portions of SR
79 to the City of Temecula at their January 2005 Commission Meeting.
Section 3, The City Council hereby finds that the proposed transfer of ownership is
statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section
15061(b)(3) of the CEQA Guidelines because there is no possibility that the City's acceptance
of operation and maintenance responsibilities and control of signal timing will have a significant
effect on the environment. ;
PASSED, APPROVED, AND ADOPTED, by the City Council of'the City of Temecula at
a regular meeting held on the 11 th day of January, 2005.
R:lagdrptI05\0111IRelinquishmentCaltransAgrmnt
3
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC, City Clerk
(SEAL)
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 2005-_ was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 11th day of January 2005, by the following
vote:
AYES: 0
NOES: 0
ABSENT: 0
AYES: 0
NOES: 0
ABSENT: 0
COUNCILMEMBERS
COUNCILMEMBERS
COUNCILMEMBERS
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:\agdrpt\05\0111\Relinquishmenl.CaltransAgrmnt
4
ITEM 13
APPROVAL
CITY ATTORNEY -uJ1l
DIRECTOR OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City Council
~1~William G. Hughes, Director of Public Works/City Engineer
January 11, 2005
DATE:
SUBJECT:
TEMECULA LODGING, LLC Median Reimbursement Agreement
PREPARED BY: Ronald J. Parks, Deputy Director of Public Works
RECOMMENDATION: That the City Council approve the TEMECULA LODGING, LLC
Median Reimbursement Agreement between the City of Temecula and TEMECULA LODGING,
LLC, in the amount of $163,255.94, and authorize the Mayor to execute the agreement.
BACKGROUND: On February 5, 2003, the Planning Commission of the City of Temecula
approved Planning Application No. PA 02-0643 allowing DEVELOPER to develop a 55,809
square foot hotel on 2.41 acres located on the east side of Jefferson Avenue, approximately 275
feet north of Rancho California Road. The Project name is HAMPTON INN & SUITES.
Condition No. 65 of the Conditions of Approval of PA 02-0643 provides that prior to Occupancy
of the hotel the DEVELOPER is required to install a 14 foot raised landscaped median from the
southerly boundary to approximately 100 feet north of the private driveway accessing the project
site on Jefferson Avenue. In addition, the City required the DEVELOPER to extend the raised
landscaped median from the southerly property boundary approximately 275 feet to the
intersection of Rancho California Road for public safety reasons. DEVELOPER had completed
the median construction and has paid the required DIF Fee for the project at the time building
permits were issued. The fees paid for this project was $86,483.01. DEVELOPER applied for
OIF Reimbursement for half the cost of the 14 foot raised landscaped median fronting their
property, which was $35,659.34, and 100% of the cost beyond the project frontage, which was
$127,596.60, because it met the definition of Regional Irnprovements. This is typically the way
the City has reimbursed Developers for construction of offsite medians.
City staff has verified the invoices and has confirmed that the amount eligible for DIF
Reimbursement was $163,255.94. The CITY now desires to refund the overpayment of DIF
Fees in the amount of $86,483.01 as well as reimburse DEVELOPER for cost beyond the
project frontage in the additional amount of $76,772.93 for a total of $163,255.94.
FISCAL IMPACT: There would be a refund of the DIF fees collected for this project in the
amount of $86,483.01. In addition, $76,772.93 would be paid from the CIP Budget for Raised
Medians Citywide for a total reimbursement of $163,255.94.
ATTACHMENTS:
TEMECULA LODGING, LLC Median Reimbursement Agreement
Hampton Inn Median Cost Summary
R:lagdrptlagendaform/ajp
REIMBURSEMENT AGREEMENT
For MEDIAN CONSTRUCTION
BETWEEN
CITY OF TEMECULA
AND
TEMECULA LODGING, LLC
THIS AGREEMENT is made and entered into as of January 11,2005, between the City
of Temecula, a municipal corporation, hereinafter referred to as the "CITY" and TEMECULA
LODGING, LLC, hereinafter referred to as "DEVELOPER". In consideration of the mutual
promises and covenants contained herein, the parties hereto mutually agree as follows:
SECTION I. Recitals. This A9reement is made with respect to the following facts
and purposes, which each of the parties hereto agree are true and correct:
a, On February 5, 2003, the Plannin9 Commission of the City of Temecula approved
Planning Application No. PA 02-0643 allowing DEVELOPER to develop a 55,809
square foot hotel on 2.41 acres located on the east side of Jefferson Avenue,
approximately 275 feet north of Rancho California Road. The Project name is
HAMPTON INN & SUITES.
b, Condition No. 65 of the Conditions of Approval of PA 02-0643 provides that prior
to Occupancy of the hotel the DEVELOPER is required to install a 14 foot raised
landscaped median from the southerly boundary to approximately 100 feet north of
the private driveway accessin9 the project site on Jefferson Avenue, In addition,
the City required the DEVELOPER to extend the raised landscaped median from the
southerly property boundary approximately 275 feet to the intersection of Rancho
California Road and to furnish and install a southbound Video Detection Camera at
Rancho California Road and Jefferson Avenue.
c. DEVELOPER applied for DIF Reimbursement for half the cost of the 14 foot raised
landscaped median and 100% of the cost beyond the project frontage because it
met the definition of Regional Improvements;
d. DEVELOPER had completed the median construction and has paid the required DIF
Fee for the project at the time building permits were issued. The fees paid for this
project was $86,483.01;
e, CITY has verified the invoices and has confirmed that the amount eligible for
Median Reimbursement and related work was $163,255,94.
f. CITY now desires to reimburse DEVELOPER for construction of the raised
landscaped median in Jefferson Avenue and related work in the amount of
$163,255.94;
g, The parties now desire to set forth the terms of the CITY's reimbursement.
SECTION II. Construction of Improvements, DEVELOPER shall have constructed and installed
all of the improvements described above in accordance with plans and specifications approved
by the Director of Public Works (the "Director") and subject to the terms of this Agreement.
R:\AGENDA REPORTS\2005\0111 05\TEMECULA LODGING REIMBERSEMENTagmt.doc
SECTION III, CITY Obligations, In order to implement the construction of the Improvements
pursuant to this Agreement, CITY shall:
a, Review and approve design of the Improvements
b. Obtain possession all of necessary rights of way necessary for the construction
of the Improvements.
c. Pay to the DEVELOPER the sum specified in Section I. f.
SECTION IV. DEVELOPER Obligations. In order to coordinate the construction of the
Improvements, DEVELOPER shall have:
a. Provided CITY with its completed plans and specifications for the construction
of the described Improvements;
b, Constructed and install the Improvements in accordance with the plans and
specifications approved by the Director of Public Works;
c. Obtained the bids of not less than three qualified bidders, as approved by the
Director of Public Works, and awarded the construction contract to the lowest
responsible bidder;
d, Required the contractor to pay prevailing wages for the work in accordance with
Labor Code Section 1770 et seq. and applicable regulations of the State Labor
Commissioner;
e. Supervise and manage the construction of the Improvements;
SECTION V. Inspection. DEVELOPER shall pay the required inspection fees and CITY will
provide inspection for improvements as conditioned for their development.
SECTION VI. Notices, Any payments or 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 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:
CITY:
City of Temecula
P;O. Box 9033
43200 Business Park Drive
Temecula, CA 92590
Attn: Ronald J. Parks, Deputy Director of Public Works
(951) 694-6411
DEVELOPER: TEMECULA LODGING, LLC
415 North 4th Street
Aberdeen, SD 57402
Attn: Mike Webber
(605) 229-0030
R:\kENOA REPORTS\2005\011105\TEMECULA LODGING RE1MBERSEMENTagmt.doc
Either party may change its address for notices by notifying the other party. All notices 9iven
at the most recent address specified, shall be deemed to have been properly given.
SECTION VII: Applicable Law. The CITY and DEVELOPER 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 A9reement.
SECTION VIII: Litigation. Any litigation concerning this Agreement shall take place in the
municipal, superior, or federal district court with geographic jurisdiction over the City of
Temecula. In the event litigation is filed by one or more of the parties to this Agreement, the
prevailing party in such litigation shall be entitled to an award of reasonable attorney fees and
litigation expenses as determined by the Court,
SECTION IX: Entire Agreement. This Agreement contains the entire understanding between
the parties relating to the obligations of the parties relating to apportionment and
reimbursement of the costs of the Improvements. All prior or contemporaneous agreements,
understandings, representations and statements, oral or written, relating to the reimbursement
for the costs of the Improvements are merged into this Agreement and shall be of no further
force or effect.
SECTION X, Independent Investigation. Each party is entering into this A9reement 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,
SECTION XI: Indemnification. Each party shall defend, indemnify, protect and hold
harmless the other party, its officers, officials, employees and volunteers from and against any
and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature
which the indemnified party, its officers, agents and employees may sustain or incur or which
may be imposed upon them for injury to or death of persons, or damage to property arising out
of other party's negligent or wrongful acts or omissions in performing or failing to perform
under the terms, of this Agreement, excepting only liability arising out of the indemnified
party's own negligence or wrongful conduct.
SECTION XII. Authority to Execute Agreement. The person or persons executing this
Agreement on behalf of DEVELOPER and CITY each warrants and represents that he or she
has the authority to execute this A9reement on behalf of the DEVELOPER or CITY, as
applicable, and has the authority to bind DEVELOPER or CITY, as applicable, to the
performance of its obli9ations hereunder.
SECTION XIII. Counterparts, This Agreement may be executed in any number of
counterparts, each of which when so executed and delivered shall be deemed to be an original
and all of which counterparts taken together shall constitute but one and the same instrument.
SECTION XIV. Modification, No modification, wavier or discharge of this Agreement
shall be valid unless the same is in writing and si9ned by the party against which enforcement
of such modification, waver or discharge is or may be sought.
SECTION XV, Further Assurances. Each party shall take all actions reasonably necessary to
implement the terms of this A9reement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year, first above written.
R:\dGENDA REPORTS\2005\011105\TEMECULA LODGING REIMBERSEMENTagmt.doc
CITY OF TEMECULA
Jeff Comerchero, Mayor
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
DEVELOPER
TEMECULA LODGING, LLC
41 5 North 4th Street
Aberdeen, SDD 57402
Attn: Mike Webber
By:
Name:
Title:
By:
Name:
Title:
R:\&-GENDA REPORTS\2005\Ol 1 1 05\TEMECULA LODGING REIMBERSEMENTagmt.doc
JEFFERSON AVENUE - MAJOR HIGHWAY
110 FOOT RIGHT-OF-WAY
14 FOOT WIDE RAISED LANDSCAPE MEDIAN
PROPERTY FRONTAGE:
ADDITIONAL LENGTH:
CREDIT LENGTH (FT):
TRAFFIC VIDEO
224 50% CREDIT
375 100% CREDIT
599
$35,659.34
$119,471.60
$8,125,00
TOTAL REIMBURSEMENT $163,255,94
COST PER LF $318.43
BASED ON DOCUMENTS PROVIDED BY DEVELOPER $190,790.28
** SOURCE: Parcel Map No. 28809 Street Improvement Plans - City approved 11/5/98
Hampton Inn
1
12/28/2004
Hampton Inn
DATE OF INVOICE INVOICE
INVOICE REFERENCE AMOUNT
CITY OF TEMECULA
07/08104 CSD03-054 $500.00
$500,00
D & D CONCRETE CONSTRUCTION, INC
04/01/04 1404 $5,372.48
06/02/04 1412 $4,550,00
06/02/04 1414 $1,641.26
06/02/04 1415 $5,000,00
02/25/04 CO $11,798,00
$28,361.74
DOUBLE D PIPELINE, INC
03/09/04 4 $2,300.00
$2,300.00
GLENN F, BARTON
04/29/04 0089-04 $12,557.00
04/29/04 009~4 $52,309.00
05/12/04 0098-04 $20,541.14
$85,407.14
JOHN MANNINGER ELECTRIC
05114/04 CO 14, $5,966.00
$5,966.00
MACADEE ELECTRICAL CONSTRUCTION
04/08/04 2511 $8,125.00
$8,125.00
PRO BUILT
03/12/04 653 $1,500.00
04/15/04 661 $2,500.00
05/12/04 665 $2,883.00
06/15/04 672 $899.40
$7.782.40
PRO ENTERPRISES
04/22/04 1126 $4,9~0,00
$4,980.00
SOUTHLAND PAVING, INC
04/22/04 4826-3 $4,558.00
OS/21/04 14965 $3,651.00
OS/21/04 14524 $1,431.00
$9,640,00
SUNSET LANDSCAPING
04130/04 13716 $5,157.00
05/31/04 13785 $31,679.00
07112/04 1049 $1,392,00
$38,228,00
TOTAL COST FOR MEDIAN:
$190,790,28
1 of 1
PW\BOSTRE\OIF\CREDITS\Hampton Inn revised 2/5/01
ITEM 14
APPROVAj., ,L';)
CITY ATTORNEY 'Wp&iJI
FINANCE DIRECTO
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Herman D. Parker, Director of Community service~
DATE: January 11, 2005
SUBJECT: Renovation of the Swimming Pool at Temecula Elementary School
PREPARED BY: ~~ Phyllis L. Ruse, Deputy Director of Community Services
RECOMMENDATION: That the City Council:
1. Approve renovations to the Temecula Elementary School (TES) Swimming Pool in the
amount of $142,500 as a FY 2004/05 Capital Project.
2. Approve the transfer of appropriations in the amount of $67,500 from the Dog Park to the
TES Pool Project.
3. Approve the transfer of appropriations in the amount of $75,000 from the Skate Park
Drainage Project to the TES Pool Project.
4. Authorize the release of a formal public bid for the Temecula Elementary School Swimming
Pool Improvement Project.
BACKGROUND: In December 1996, the Temecula Valley Unified School District
(District) and the Temecula Community Services District (TSCD) entered into a Joint Use Agreement
(Agreement) for the use of the ball fields and swimming pool atTemecula Elementary School (TES)
as public park facilities during non-school hours. In January 2003, the Agreement was amended to
transfer complete scheduling and maintenance responsibilities for the pool, deck, pool house, pump
room, and appurtenant facilities to the TCSD, as the District no longer had any need for the pool at
TES.
With the amendment, the TCSD accepted all responsibility for all utility, repair, maintenance and
renovation costs for the pool and appurtenant facilities. The TCSD continues to offer a full
complement of learn-to-swim classes and other aquatic programs at the TES venue. Without the
TES pool, the TCSD would be unable to meet the current number of swim lessons offered to the
community.
The TES pool is approximately 25 years old and in serious need of renovation. Staff has been
making moderate repairs and renovations to the facility each year through the department's operating
R:\RUSEPIAGENDASITES pool (enovations-cc-1-11-0S.doc
budget in an attempt to keep the facility operational. During last summer's aquatic programming, it
becarne apparent that the pool equipment will require renovation prior to the next Capital
Improvement Program cycle.
The facility is now in a state that requires significant renovations in order to continue to serve as a
viable recreational swimming pool for the community. The renovations needed are a new filtration
system and circulation pumps, automated chlorination system, automated PH system, automated
monitoring system, deck repairs, and replacement fencing.
Establishing and funding a capital improvement projectforthe necessary renovations to the TES pool
will allow staff to make the necessary improvements to the facility so that it will remain a reliable
venue for community use. The TCSD offers approximately 1,400 learn-to-swim lessons and other
aquatic programs at TES pool each year. Without the needed repairs, it is not certain that the facility
will accommodate that usage in the next year. The requested renovations are necessary in order for
the TCSD to be able to continue providing aquatic and athletic programs and activities to the
community at this site.
These renovations will provide a temporary solution for the pool. More extensive renovations will be
necessary in the future for continued use of the site. Staff anticipates budgeting for those ultimate
renovations through the Capital Improvement Program process.
FISCAL IMPACT: The estimated cost for the necessary renovations is $142,500. Funds
are available from cost savings or project start delays in other CIP projects budgeted and funded in
the current fiscal year. Transfer of funds from these projects will provide the necessary budget to
complete the TES pool renovations.
R:IRUSEPIAGENDASITES pool renovations-co-1.11-0S,doc
ITEM 15
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAN
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM:' William G. Hughes, Director of Public Works/City Engineer
DATE: January 11, 2005
SUBJECT: Emergency Expenditure - Murrieta Creek
PREPARED BY: Beryl Yasinosky, Management Analyst
RECOMMENDATION:
That the City Council
1. Adopt a resolution entitled:
RESOLUTION NO, 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA RATIFYING EMERGENCY EXPENDITURES
FOR THE RESTORATION OF PORTIONS OF THE
COMMUNITY THEATER AND CHILDREN'S MUSEUM
SITES CAUSED BY STORM WATER AND AUTHORIZING
EXPENDITURES FOR THE IMMEDIATE CONSTRUCTION
OF IMPROVEMENTS TO THE SITE TO PREVENT
FURTHER DAMAGE DURING THE RAINY SEASON
2. Approve a contract with Road Builders, Inc. in the amount of $125,000 to provide the
necessary emergency repairs and authorize the City Manager to execute the contract.
3. Appropriate $125,000 from the City's General Fund Designated Fund Balance for Flood
Control.
BACKGROUND: Due to the recent and extraordinary storm activity, Murrieta Creek has
experienced significant erosion along the portion of the embankment adjacent to the Community
Theater and Children's Museum sites. As a result, staff has determined that it is necessary to
provide immediate emergency repairs to the embankment to provide protection from further
erosion and property damage, which is why this emergency expenditure was authorized.
Staff has consulted with Road Builders, Inc., currently working on the Pechanga Parkway
Drainage Channel, to evaluate the situation. They have presented an estimate of $125,000 to
provide immediate emergency labor, equipment and materials to install one-ton rock slope
protection along the damaged embankment.
R:\agdrpt\2005\011105,Emergency Expenditure - Murrieta Creek
1
In addition, due to the eminent danger of further erosion and potential damage to the Theater
site and Children's Museum parking lot, staff has directed the contractor for the Theater project
to take necessary precautions to redirect the low flow of Murrieta Creek away from the problem
area by removing silt deposited within the channel. The emergency work performed by the
theater contractor is estimated to cost $10,000. There are adequate funds in the Community
Theater project contingency to cover the emergency work at this time, however it will be
necessary to replenish the project's contingency fund in the future.
Staff is recommending that the City Council approve the emergency contract with Road
Builders, Inc. in the amount of $125,000 to install immediate emergency repairs to the
embankment.
FISCAL IMPACT: An appropriation in the amount of $125,000 from the City's
General Fund Designated Fund Balance for Flood Control is necessary to fund the contract with
Road Builders, Inc.
ATTACHMENTS:
1.
2.
Resolution No. 05-_
Contract with Road Builders, Inc.
R:\agdrpt\2005\011105.Emergency Expenditure - Murrieta Creek
2
RESOLUTION NO, 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA RATIFYING EMERGENCY EXPENDITURES
FOR THE RESTORATION OF PORTIONS OF THE
COMMUNITY THEATER AND CHILDREN'S MUSEUM
SITES CAUSED BY STORM WATER AND AUTHORIZING
EXPENDITURES FOR THE IMMEDIATE CONSTRUCTION
OF IMPROVEMENTS TO THE SITE TO PREVENT
FURTHER DAMAGE DURING THE RAINY SEASON
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS:
Section 1,
declares that:
The City Council of the City of Temecula hereby finds, determines and
a. Due to the extraordinary storm activity during the period of December 27,
2004 through December 31,2004, Murrieta Creek has experienced significant erosion along the
portion of the embankment adjacent to the Community Theater and Children's Museum sites
(collectively the "Site"). Additionally, weather reports indicated that extraordinary storms were
predicted for the period of January 6, 2005 through January 10, 2005, and were likely to create
maximum flows and significant erosion in the Murrieta Creek banks adjoining the Site unless the
required repairs are made. Without immediate repair of this embankment, the anticipated
additional storms will cause significant damage to the Site and could significantly damage the
Theater and Museum buildings and structures located on the Site. Therefore, it is necessary
to provide immediate emergency repairs to the embankment to provide protection from further
erosion and property damage.
b. The estimate of the cost of the emergency work to provide labor,
equipment and materials to immediately install one-ton rock slope protection along the damaged
embankment at the Site is $125,000.00.
c. In addition, due to the eminent danger of further erosion and potential
damage to the Site and the buildings thereon, the Director of Public Works directed the
contractor for the Theater project to take necessary precautions to redirect the low flow of
Murrieta Creek away from the problem area by removing silt deposited within the channel. The
emergency work performed by the theater contractor is estimated to cost $10,000.
d Based on the findings set forth above, the City Council of the Temecula
hereby finds and determines that embankment repair and fortification work described above
must be immediately undertaken in order to avoid further damage to the Site and the buildings
thereon, and is necessary for the protection of the public health, safety and general welfare.
Based on the findings set forth above, the work proposed constitutes emergency work in
accordance with Public Contract Code Section 22050. This emergency and the anticipated
remaining effects of the rainy season will not permit the delay resulting from a competitive
solicitation for bids and that this action is necessary in order to respond to the emergency.
e. The City of T emecula further finds and determines that, based upon the
findings set forth above, full compliance with the otherwise applicable requirements of the Public
Contracts Code would be unavailing, would not produce an advantage for the City, and would
thus be undesirable, impractical, and impossible. The City's authority to proceed with the
embankment work in this manner was well established in Graydon v. Pasadena Redevelopment
Agency et a/. (1980) 104 Cal. App. 20d 631 and the cases cited therein.
R:\agdrpt\2005\011105.Emergency Expenditure - Murrieta Creek
3
Section 2. Based on the findings set forth above, the actions approved by this
Resolution are exempt from the application of the California Environmental Quality Act ("CEQA")
by virtue of the categorical and statutory exemptions set forth in the following sections of the
CEQA Guidelines (14 Cal. Code Regs.): Section 15301 (repair of existing facilities); Section
15302 (replacement of existing structures); Section 15304 (minor alterations to land); and
Section 15269 (emergency projects).
Section 3. The City Council of the City of T emecula, pursuant to the findings and
authorities cited above, hereby approves that certain Agreement between the City and Road
Builders, Inc., for the emergency embankment work along Murrieta Creek at the Community
Theater and Children's Museum Sites and authorizes the City Manager to execute the
Agreement in substantially the form submitted to the City. The City Council hereby ratifies the
actions taken by the City Manger and Director of Public Works in the emergency work taken to
repair the embankments adjoining the Site and to protect the Site from further storm damage.
Section 4,
The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at
a regular meeting held on the 11th day of January, 2005. '
Jeff Comerchero, 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, California, do hereby certify
that Resolution No. 05-_ was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 11th day of January, 2005 by the following
vote:
R:\agdrpt\2005\011105.Emergency Expenditure - Murrieta Creek
4
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:\agdrpt\2005\01110S.Emergency Expenditure - Murrieta Creek
5
CITY OF TEMECULA
EMERGENCY CONTRACT AGREEMENT
FOR
EMERGENCY RIP-RAP INSTALLATION
MURRIETA CREEK RESTORATION
THIS EMERGENCY CONSTRUCTION CONTRACT, made and entered into as of
January 11, 2005 by and between the City of Temecula, and Road Builders, Inc. ("Contractor"). In
consideration of the mutual covenants and conditions set forth, herein, the parties agree as follows:
1. SCOPE OF WORK. Contractor shall construct and install all of the work described in the
Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work") and shall provide and
furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation
services required for the Work. All of said Work to be performed and materials to be furnished for the
Work shall be in strict accordance with the specifications set forth in the Scope of Work. 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 in writing by the City of Temecula.
2. COST OF WORK. For the Work described in Section I. of this Agreement Contractor
shall receive no more than the sum of One Hundred Twenty Five Thousand Dollars and No Cents
($125,000.00) payable in accordance with the Schedule of Payments, attached hereto and incorporated
herein as Exhibit A. This amount, One Hundred Twenty Five Thousand Dollars and No Cents, shall not
exceed the attached scope of work unless additional payment is approved as provided by this Agreement.
Contractor shall not be compensated for any services rendered in connection with its performance
of this Agreement which are in addition to those set forth herein, unless such additional services are
authorized in advance and in writing by the City Manager. Contractor shall be compensated for any
additional services in the amounts and in the manner as agreed by the City Manager and Contractor at the
time City's written authorization is given to Contractor for the performance of said services.
3. PAYMENT. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services
provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as
to all non-disputed fees. If the City disputes any of contractor's fees it shall give written notice to
Contractor within 30 days of receipt of an invoice of any disputed fees set forth on the invoice.
4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of
his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing similar
services as are required of Contractor hereunder in meeting its obligations under this Agreement.
Contractor shall cause a full time experienced Superintendent to be present on the site during all
construction and to oversee and supervise the Work.
5. 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.
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6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph
2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out
of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims
against the City under or arising out of this Contract except those previously made in writing and request
for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with
each claim for payment.
7 . PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per diem wages and the
general rate for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates
are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula.
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.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior
written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this
Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this
Agreement such suspension or termination shall not make void or invalidate the remainder of this
Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall
pay to Contractor the actual value of the work performed up to the time of termination, provided that the
work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the
Contractor will submit an invoice to the City pursuant to Section 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement,
the City shall have no obligation or duty to continue compensating Contractor for any work performed after
the date of default and can terminate this Agreement immediately by written notice to the Contractor. If
such failure by the Contractor to make progress in the performance of work hereunder arises out of causes
beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be
considered a default.
b. If the City Manager or his delegate determines that the Contractor is in default in
the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with
written notice of the default. The Contractor shall have (10) days after service upon it of said notice in
which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to
cure its default within such period of time, the 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.
2
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10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all claims,
demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers,
agents and employees may sustain or incur or which may be imposed upon them for injury to or death of
persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in
performing or failing to perform under the terms of this Agreement, excepting only liability arising out of
the sole negligence of the City.
11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(I) 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 I (any auto).
(3) Worker's Compensation insurance as required by the State of California
and Employer's Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
(1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance
or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
c. 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 Contractor 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 Cont~actor; products and completed
3
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operations of the Contractor; premises owned, occupied or used by the
Contractor; or automobiles owned, leased, hired or borrowed by the
Contractor. 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 Contractor'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 Contractor'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 Contractor'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. Accentabilitv of Insurers. Insurance is to be placed with insurers with a current
A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of Coverage. Contractor 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 District before 'work commences.
As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all
required insurance policies, including endorsements affecting the coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of the work of this Contract. "
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
13. INDEPENDENT CONTRACTOR. Contractor 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 Contractor shall at all times be under Contractor's exclusive direction and control. Neither the
City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any
of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at
any time or in any manner represent that it or any of its officers, employees or agents are in any manner
officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt,
4
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obligation or liability whatever against City, or bind the City in any manner. No employee benefits shall be
available to Contractor in connection with the performance of this Agreement. Except for the fees paid to
Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to
Contractor for performing services hereunder for the City. The City shall not be liable for compensation
or indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILiTiES. The Contractor shall keep itself informed of State and
Federal laws and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times observe and
comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at
law or in equity occasioned by failure of the Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in
the execution of the work under this Contract, as a result of failure to make the necessary independent
examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the
City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or
omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will
such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of
time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work coniemplated by this
Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons
, employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that
there are no claims outstanding against the project for either labor or materials, except certain items, if any,
to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as
may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection
and audit by any authorized representative of the City.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to
locating utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate
regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subject to inspection and testing by the 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 re,asonable
facilities and assistance for the safety and convenience of inspectors. AlI 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.
21. 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.
5
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22. WRITTEN NOTICE. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery
by a reputable document delivery service, such as but not limited to, Federal Express, that provides a
receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage
prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other
address as that party may later designate by Notice:
To City:
City of Temecula
POBox 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
Road Builders, Inc.
38040 Borel Road
Murrieta, California 92563
(951) 696-6962
23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor
any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula.
24. LICENSES.' At all times during the term of this Agreement, Contractor shall have in full
force and effect, all licenses required of it by law for the performance of the services described in this
Agreement.
25. 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 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. 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.
26. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula
or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof
during his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member,
officer or employee of the City of Temecula has any interest, whether contractual, non-contractual,
financial or otherwise, in this transaction, or in the business of the contracting party other than the City of
Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and
, complete disclosure of all such information will be made, in writing, to the other party or parties, even if
such interest would not be considered a conflict of interest under Article 4 )commencing with Section 1090)
or Article 4. 6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the
State of California.
27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the
parties relating to the obligations of the parties described in this Agreement., All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into this
Agreement and shall be of no further force or effect. Each party is entering into this Agreement based
6
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solely upon the representations set forth herein and upon each party's own independent investigation of any
and all facts such party deems material.
28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute
this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of
its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first above written.
CITY OF TEMECULA
Shawn D. Nelson, City Manager
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
ROAD BUILDERS, INC.
38040 Borel Road
Murrieta, CA 92563
(951) 696-6962
Joseph Augustine, President
7
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EXHIBIT A
SCOPE OF WORK
EMERGENCY RIP-RAP INSTALLATION
MURRIETA CREEK RESTORATION
8
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UL/U~IUp ncv LV:~~ rAA ~~~O~'ZJ'O
,
KUAV ~UlLU~K~ IN~
IdJUUZ
38010 Borel Rd.
Murrieta, Cf 92563
P#UJne: (951) 696-6962
Fax: (951) 696-6963
rlJadhu/ftkrslnc<iill'C,;um.. net
January 5, 2005
City ofTemecula Dept. ofPubli~ Worlc$
43200 Business Park Drive
Post Office :Box 9033
Temecula, CA 92590
VIA FACSIMILE TRANSMITI'AL
Attn: Steven Beswick
Project Engineer
Re: Murrieta Creek
Dear Steve,
I am submitting for your approval, pricing for the emergency placement of rip-rap in the
Murrieta Creek Channel attached. Due to time constraints and riP-I1lP delivery we need to
access from the west side of the creek. This may result in some rock being wasted to
establish a crossing.
This proposal does not include re-routing of the flow of water to be done by others, Tfyou
decide to have RBI perform this- work, please notifY us immediately so we may mobilize
equipment. and begin immediate delivery of the rock.
Sincerely,
~
Wayne A. White
Project Manager
~1/05/05 WED 10:55 FAX 9518942345
,
ROAD BUILDERS INC
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TEMECULA COMMUNITY
SERVICES DISTRICT
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA COMMUNITY SERVICES DISTRICT
DECEMBER 14, 2004
A regular meeting of the City of Temecula Community Services District was called to order at
7:09 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT:
5
DIRECTORS:
Comerchero, Naggar, Roberts, Stone, and
Washington
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 December 7, 2004.
2 Second Amendment to the Excel Landscape. Inc. - Maintenance Services Contract
RECOMMENDATION:
2.1 Approve the Second Amendment to the contract with Excel Landscape, Inc. to
provide a 3% Consumer Price Index (CPI) price increase in the amount of
$35,772.00 and to allow for the addition of new and supplemental landscape
maintenance service areas in the amount of $169,224.00;
2.2 Authorize the annual expenditure of $1,397,340.00 for landscape maintenance
services for medians, facilities, sports parks, north slopes, south slopes, and new
and supplemental landscape maintenance service areas, and authorize the City
Manager to approve a 10% contingency for extra work items in the amount of
$139,734.00.
R:\Minutes,csd\121404
3 First Amendment to the Midori Gardens. Inc. - Maintenance Services Contract
RECOMMENDATION:
3,1 Approve the First Amendment to the contract with Midori Gardens, Inc. to provide
a 3% Consumer Price Index (CPI) price increase in the amount of $10,800.00
and to allow for the addition of new and supplemental landscape maintenance
service areas in the amount of $40,800.00;
3.2 Authorize the annual expenditure of $411,600.00 for landscape maintenance
services for neighborhood parks and new and supplemental landscape
maintenance service areas, and approve 10% contingency for extra work items
in the amount of $41,160.00.
MOTION: Director Naggar moved to approve Consent Calendar Item Nos. 1 - 3. The motion
was seconded by Director Comerchero and electronic vote reflected unanimous approval.
DEPARTMENTAL REPORT
No additional comments.
DIRECTOR OF COMMUNITY SERVICES REPORT
No additional comment.
GENERAL MANAGER'S REPORT
General Manager Nelson commended the Community Services Department staff on its outstanding
efforts with regard to the Holiday Parade as well as the Public Works Department, Police
Department, and the Code Enforcement Division.
President Washington echoed those comments including the Fire Department who transported
Santa.
, BOARD OF DIRECTORS' REPORTS
No additional comments.
R:lMinutes,csd\ 121404
2
ADJOURNMENT
At 7:11 P.M., the Temecula Community Services District meeting was formally adjourned to
Tuesday, January 11, 2005, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive,
Temecula, California.
Chuck Washington, President
ATTEST:
Susan W. Jones, CMC
City Clerk/District Secretary
[SEAL]
R:\Minutes,csd\121404
3
REDEVELOPMENT
AGENCY
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA REDEVELOPMENT AGENCY
DECEMBER 14, 2004
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:11
P.M., in the City Council Chambers, 43200 Business Park Drive, and Temecula.
ROLL CALL
PRESENT: 5
AGENCY MEMBERS
Naggar, Roberts, Stone, Washington, and
Comerchero
ABSENT: 0
AGENCY MEMBERS:
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 December 7, 2004.
2 Component Unit Financial Statements for Fiscal Year ended June 30. 2004
RECOMMENDATION:
2.1 Receive and file the Temecula Redevelopment Agency Component Unit
Financial Statements for Fiscal Year ended June 30, 2004.
3 Award the Construction Contract for Proiect No. PW02-20 - Old Town Southern
Gatewav Landscapina
RECOMMENDATION:
3.1 Reject the bid proposal submitted by Pete & Sons Construction, Inc. for Project
No. PW02-20 - Old Town Southern Gateway Landscaping;
3.2 Award a construction contract for Project No. PW02-20 Old Town Southern
Gateway Landscaping to International Pavement Solutions in the amount of
$351,930.50 and authorize the Agency Chairman to execute the contract;
3,3 Award a maintenance contract for Project No. PW02-20 Old Town Southern
Gateway Landscaping to International Pavement Solutions in the amount of
$3,600.00 and authorize the Agency Chairman to execute the contract;
R:lMinutes,rda\121404
3.4 Authorize the Executive Director to approve change orders not to exceed the
contingency amount of $35,553.05 which is equal to 10% of the combined
contract amount;
3,5 Transfer $40,000.00 from the Escallier House Relocation to the Old Town
Southern Gateway Landscaping project construction account no. 280-190-833-
5804.
MOTION: Agency Member Stone moved to approve Consent Calendar Item Nos. 1 - 3. The
motion was seconded by Agency Member Washington and electronic vote reflected unanimous
approval.
DEPARTMENTAL REPORT
No additional comment.
EXECUTIVE DIRECTOR'S REPORT
No additional comment.
AGENCY MEMBERS' REPORTS
No additional comment.
ADJOURNMENT
At 7:12 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, January 11, 2005, in the City Council Chambers, 43200 Business Park Drive,
Temecula, California.
Ron Roberts, Chairman
ATTEST:
Susan W. Jones, CMC
City Clerk/Agency Secretary
[SEAL]
R:\Minutes, rdal 121404
2
TEMECULA PUBLIC
FINANCING AUTHORITY
ITEM 1
MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE TEMECULA PUBLIC FINANCING AUTHORITY
DECEMBER 7, 2004
,An adjourned regular meeting of the City of Temecula Public Financing Authority was called to
order at 8:12 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula.
ROLL CALL
PRESENT:
5
AUTHORITY MEMBERS: Comerchero, Roberts, Stone,
Washington, and Naggar
ABSENT:
o
AUTHORITY 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 November 23, 2004
MOTION: Authority Member Stone moved to approve Consent Calendar Item NO.1. The
motion was seconded by Authority Member Roberts and electronic vote reflected unanimous
approval.
PUBLIC HEARING
2 Public Hearinas reaardina formation of Communitv Facilities District No. 03-02
(RoriDauah Ranch)
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. TPFA 04-11
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY MAKING
FINDINGS OF COMPLEXITY OF PROPOSED COMMUNITY
FACILITIES DISTRICT NO, 03-02 (RORIPAUGH RANCH)
Finance Director Roberts reviewed the staff report (as per agenda material), commenting on the
recommended continuance of this public hearing to January 11, 2005.
R:IMinutes,tpfal120704
MOTION: Authority Member Comerchero moved to approve the staff recommendation. The
motion was seconded by Authority Member Stone and electronic vote reflected unanimous
approval.
EXECUTIVE DIRECTOR'S REPORT
No comment.
BOARD OF DIRECTORS' REPORTS
No comments.
ADJOURNMENT
At 8:15 P.M., the Temecula Public Financing Authority meeting was formally adjourned.
Michael S. Naggar, Chairman
ATTEST:
Susan W. Jones, CMC
City Clerk/Agency Secretary
[SEAL)
R:\Minutes,tpfa\ 120704
2
ITEM 2
APPROVAL
CITY ATTORNEY
DIR.OF FINANCE~
CITY MANAGER ~
CITY OF TEMECULA
and
TEMECULA COMMUNITY SERVICES DISTRICT
and
TEMECULA PUBLIC FINANCING AUTHORITY
AGENDA REPORT
TO: City Council/Board of Directors of the TCSD/Board of Directors of the Public
Financing Authority
FROM: City Manager/Executive Director
DATE: January 11 , 2005
SUBJECT: Formation of Temecula Public Financing Authority Community Facilities District
No. 03-02 (Roripaugh Ranch)
RECOMMENDATION:
1. That the City Council hold a public hearing regarding the proposed bond financing by
the Temecula Public Financing Authority Community Facilities District No. 03-02
(Roripaugh Ranch) of various public improvements and adopt the resolutions entitled:
RESOLUTION NO. 05-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA MAKING FINDINGS WITH RESPECT TO AND
APPROVING THE ISSUANCE OF BONDS BY THE
TEMECULA PUBLIC FINANCING AUTHORITY - RORIPAUGH
RANCH 03-02
RESOLUTION NO. 05-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING JOINT COMMUNITY FACILITIES
AGREEMENTS RELATING TO THE FINANCING OF PUBLIC
IMPROVEMENTS AND IMPLEMENTATION OF ACQUISITION
AGREEMENT, AND APPROVING MAINTENANCE
AGREEMENT FOR LONG VALLEY WASH RECREATIONAL
TRAILS - RORIPAUGH RANCH
2. That the Temecula Community Services District adopt the resolution entitled:
RESOLUTION NO. TCSD 05-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT APPROVING
JOINT COMMUNITY FACILITIES AGREEMENT RELATING TO
THE FINANCING OF PUBLIC IMPROVEMENTS - RORIPAUGH
RANCH
3. That the Public Financing Authority hold the continued public hearings regarding the
formation of the proposed Temecula Public Financing Authority Community Facilities
District No. 03-02 (Roripaugh Ranch) (the "CFD"), the levy of special taxes in the CFD,
and the issuance of bonds by the Public Financing Authority for the CFD, and adopt the
resolutions entitled:
RESOLUTION NO. TPFA 05-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY OF
FORMATION OF TEMECULA PUBLIC FINANCING
AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02
(RORIPAUGH RANCH), AUTHORIZING THE LEVY OF A
SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY
ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE
DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX
AND THE ESTABLISHMENT OF THE APPROPRIATIONS
LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT
RESOLUTION NO. TPFA 05-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY DETERMINING
THE NECESSITY TO INCUR BONDED INDEBTEDNESS
WITHIN TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH
RANCH) AND SUBMITTING PROPOSITION TO THE
QUALIFIED ELECTORS OF THE DISTRICT
RESOLUTION NO. TPFA 05-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY CALLING
SPECIAL ELECTION WITHIN COMMUNITY FACILITIES
DISTRICT NO. 03-02 (RORIPAUGH RANCH)
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4. That the Public Financing Authority hold an election regarding the CFD, and adopt the
resolution entitled:
RESOLUTION NO. TPFA 05-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY DECLARING
RESULTS OF SPECIAL ELECTION, AND DIRECTING
RECORDING OF NOTICE OF SPECIAL TAX LIEN -
RORIPAUGH RANCH 03-02
5. That the Public Financing Authority have the first reading of the ordinance entitled:
ORDINANCE NO. TPFA 05-
AN ORDINANCE OF THE TEMECULA PUBLIC FINANCING
AUTHORITY LEVYING SPECIAL TAXES WITHIN TEMECULA
PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES
DISTRICT NO. 03-02 (RORIPAUGH RANCH)
BACKGROUND: Ashby USA, LLC, a California limited liability company (the "Landowner") has
requested that the Authority form a community facilities district to (i) assist in the fuhding of
various public improvements necessitated by the constrUction of the 'Roripaugh Ranch
'" subdivision or otherwise satisfying obligations arising from the development, and'(ii) eliminate
an, existing County special assessment lien on property in the proposed community facilities'
, , , "district.
. ';.'.;;
,On August 24, 2004 the Authority adopted two resolutions of intention related to ,the formation
of a community facilities district ("CFD"). The two resolutions of intention specified the facilities
eligible to be financed by the CFD, set forth a' rate and method of apportionment of special
taxes for the CFD, and expressed the intention of the Authority to incur bonded indebtedness
, for the CFD.
After the adoption of the resolutions of intention it was determined that the facilities eligible to
be funded by the CFD should have included improvements to SR-79. The Landowner has
agreed that the Authority may apply ten percent to any net CFD bond proceeds in excess of
$42,000,000 to improvements designated by the Authority, and the City expressed its intent to
use any of such funds applied to offset the cost of improvements to SR-79.
On September 28, 2004, the Authority adopted a resolution (the "Amending Resolution")
amending the two resolutions of intention for the CFD to add improvements to SR-79 to the list
of facilities eligible to be funded by the CFD. The Amending Resolution also rescheduled the
public hearings regarding the CFD to occur on November 9, 2004. On November 9, 2004, the
Board of Directors of the Authority opened the public hearings and continued them to
November 23, 2004. On November 23, 2004, the Board of Directors opened the continued
public hearings and again continued the public hearings to December 7, 2004. On December
7, 2004, the Authority adopted a resolution making a finding that the CFD was complex, and
continued the public hearings to January 11, 2005.
The City has published a notice of public hearing for January 11, 2005, with respect to yet
another, different public hearing that the City Council must hold under applicable State law for
the Authority to be able to issue bonds for the CFD. The hearing is to allow the public to
-3-
provide testimony on the public purposes of the Authority's planned issuance of bonds for the
CFD to finance public improvements.
In addition to the public hearing that must be held by the City Council prior to the issuance of
bonds for the CFD, State law also requires that the City, the Temecula Community Services
District, the Eastern Municipal Water District (the "EMWD"), the County of Riverside (the
"County") and the Riverside County Flood Control and Water Conservation District (the
"RCFCD") enter into joint community facilities agreements with the Authority recognizing that
some of the improvements to be financed by the CFD will be owned by the City, the TCSD,
EMWD, the County or RCFCD. Five joint community facilities agreements have been drafted,
and Staff recommends that the agreements to which the City or the TCSD are parties be
approved by the City Council and the TCSD, respectively, and immediately be executed by the
City, the TCSD and the Authority so that the formation of the CFD can proceed. In addition to
meeting State statutory requirements, the agreement to be executed by the City provides that
the City will assist the Authority in connection with the use of bond proceeds to acquire public
improvements.
The joint community facilities agreement to which the RCFCD, the City, the Authority, and the
Landowner are parties requires the construction of certain flood control improvements, and
pursuant to a license agreement between the City and the RCFCD (the "License Agreement"),
the City may utilize certain flood control channel right of way for recreational uses and the City
agrees to assume maintenance responsibilities and liability for such uses. In recognition of the
, benefit of the right of way to the adjacent homes, the City has caused to be prepared a
Maintenance" Agreement for Long Valley Wash Recreational Trails (the "Maintenance
"'Agreement") obligating the Landowner and the homeowners' assOciation with respect to certain
maintenance arid insurance requirements related to such land, and Staff recommends that the'
"City Council approve and authorize the execution by the City of ihe Maintenance Agreement.
As stated above, the public hearings by the Authority called pursuant to the resolutions of
intention have been continued to January 11,2005. The Board of Directors of the Authority will
hold the Authority public hearings concurrently. At the hearings, the testimony of all interested
persons or taxpayers for or against the establishment of the CFD, the extent of the CFD, the
lien tobe eliminated and the facilities to be financed by the CFD and the issuance of bonds for
the CFD must be heard. Any person interested is authorized to file a protest in writing. As the
land proposed to be included in the CFD is all owned by Ashby USA, LLC and certain other
entities that have submitted petitions to the Authority requesting the formation of the CFD, and
there are no known registered voters residing in the proposed CFD, only Ashby USA, LLC and
such other landowner entities have legal standing to formally protest the formation or any
particular aspect of the CFD.
A report has been filed by the Director of Public Works of the City with the Authority Secretary,
as required by the resolutions of intention, indicating the proposed boundaries of the CFD, the
facilities to be funded by the CFD, the lien to be eliminated by the CFD, and the estimated costs
thereof, Also, it should be noted that changes have been made to the rate and method of
app6rtionment of special taxes for the CFD as a result of a zoning change affecting planning
area 10 of the Roripaugh Ranch development. The report and the changes will be discussed
by Staff prior to the public hearings.
Following the closing of the public hearings, the property owners in the CFD have requested in
their petitions to the Authority that the Authority take the actions necessary to officially form the
CFD, to authorize the levy of special taxes in the CFD and to authorize the incurrence of
bonded indebtedness by the CFD. Staff recommends that the Authority adopt resolutions of
-4-
formation and of necessity to incur bonded indebtedness, and the resolution calling a special
election of the landowners in the CFD.
Ballots for the election have already been delivered to the property owners in the CFD, and are
expected to have been returned to the City Clerk, acting as Secretary of the Authority, prior to
January 11th. By law, each property owner is given one vote for each acre of land or portion
thereof that it owns within the boundaries of the CFD. As stated above, the only eligible voters
are the owners of the land within the boundaries of the CFD, as such boundaries are indicated
on the boundary map for the CFD on file with the Authority Secretary.
The City Clerk, as Secretary to the Authority, will be requested to canvass the election
immediately after adoption of the resolution calling the election.
If two thirds or more of the votes cast are in favor of the CFD, the Authority is then requested to
adopt a resolution declaring the results of the election, and providing for the recording of a
notice of special tax lien with the County Recorder. The notice provides all future property
owners in the Roripaugh Ranch development with knowledge of the existence of the Authority's
special taxing powers.
The Authority is then requested to have the first reading of an ordinance levying special taxes.
The ordinance permits special taxes to be levied only on property located in the CFD. It is
expected that special taxes will be levied to pay debt service on bonds proposed to be issued
for the CFD, and to pay for the costs of administering the CFD. Staff expects that a resolution
authorizing the issuance of the bonds and approving the related legal documents will be
'presented to the,Authority in late January or February of 2005.
SPECIFIC ACTIONS: That the City Council hold the public hearing on the issuance of bonds
by the Authority for the CFD, and adopt the resolutions approving the bond issue, the joint
community facilities agreements to which the City is a party and the Maintenance Agreement.
That theTCSD adopt the resolution approving the jointcommunity facilities agreement to which
the TCSD is a party. That the City, the TCSD and the Authority execute the applicable joint
community facilities agreements. That the Authority hold the public hearings on the CFD and
adopt resolutions of formation of the CFD, of necessity to incur indebtedness of the CFD and
calling a special election on the CFD. That the special election be held and canvassed. That
the Authority adopt a resolution canvassing the election, and have the first reading of an
ordinance levying the special taxes in the CFD.
FISCAL IMPACT: The CFD will be authorized to levy special taxes to repay its indebtedness,
and to pay the annual costs of administration of the CFD, The City will in no way be liable for
the repayment of any bonds issued by the Authority for the CFD or any other costs of
administrating the CFD. The CFD will only be authorized to levy the special taxes on land
included within the boundaries of the CFD. Obligations of the City to RCFCD under the License
Agreement will be assumed by the Landowner and/or the Roripaugh Ranch Homeowners'
Association under the provisions of the Maintenance Agreement.
Attachments:
Resolutions (7)
Ordinance
Community Facilities District Report
Joint Community Facilities Agreements (5)
Maintenance Agreement for Long Valley Wash Recreational Trails
Notice of Special Tax Lien
.5-
COMMUNITY FACILITIES DISTRICT REPORT
"
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 03-02
(RORIPAUGH RANCH)
COMMUNITY FACILITIES DISTRICT REPORT
CONTENTS
Introduction
A. Description of Facilities and Prior Lien
B. Proposed Boundaries of the Community Facilities District
C. Cost Estimate
Exhibit A - Description of the Proposed Facilities and Prior Lien
Exhibit B - Cost Estimate
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 03-02
(RORIPAUGH RANCH)
INTRODUCTION. The Board of Directors (the "Board of Directors") of the Ternecula
Public Financing Authority (the" Authority") did, pursuant to the provisions of the Mello-Roos
Community Facilities Act of 1982 (the "Law"), on August 24, 2004, adopt Resolution No. TPFA
04-08 entitled, "A Resolution of the Board of Directors of the Temecula Public Financing
Authority Declaring Its Intention to Establish a Community Facilities District and to Authorize
the Levy of Special Taxes Therein - Roripaugh Ranch 03-02" (the "Resolution of Intention"). In
the Resolution of Intention, the Board of Directors expressly ordered the preparation of a
written Community Facilities District Report (the "Report"), for the proposed Temecula Public
Financim: Authority Community Facilities District No. 03-02 (Roripaugh Ranch) (the
"District!i).
TIle Resolution of Intention ordering the Report did direct that the Report generally
contain the following:
1. A brief description of the facilities eligible to be funded by the District, and of
the fixed special assessment lien to be eliminated by the District; and
2. An estimate of the fair and reasonable cost of providing the facilities, and of
eliminating the fixed special assessment lien, including the incidental expenses in
connection therewith, including the costs of the proposed bond financing, any
Authority or City of Temecula administrative costs and all other related costs.
For particulars, reference is made to the Resolution of Intention for the District, as
previously adopted by the Board of Directors.
NOW, THEREFORE, I, the Director of Public Works of the City of Temecula, do hereby
submit the following data:
A. DESCRIPTION OF FACILITIES AND PRIOR LIEN. A general description of the
facilities that the Authority has determined to be eligible to be funded by the District, and of the
fixed special assessment lien to be eliminated by the District, are as shown in Exhibit "A"
attachea hereto and hereby made a part hereof.
B. PROPOSED BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT. The
proposed boundaries of the District are those properties and parcels in which special taxes may
be levied to pay for the costs and expenses of the facilities and of the elimination of the fixed
special assessment lien. The proposed boundaries of the District are described in the map of
the D;str;ct recorded on August 31, 2004, in Book 58 on Page 51 of Maps of Assessment and
Community Facilities Districts in the office of the County Recorder for the County of Rivers;de
(instrument no. 2004-0691181), a copy of which map;s on file with the Secretary.
-1-
C. COST ESTIMATE. The cost estimate for the financing of the facilities and the
defeasance of the bonds is set forth in Exhibit "B" attached hereto and hereby made a part
hereof.
Dated: January 5, 2005
,,J _JAIL
By:
Bill Hughes, Director of Public Works
of the City of Temecula
-2-
EXHIBIT A
TEMECULA PUBLIC FINANCING AUTIIORITY
COMMUNITY FACILmES DISTRICT NO. 03-02
(RORIPAUGH RANCH)
DESCRIPTION OF FACILITIES ELIGIBLE TO BE FUNDED BY THE DISTRICT
AND PRIOR LIEN TO BE ELIMINATED BY THE DISTRICT
FACILITIES
The District may finance all or part of the costs of the following:
1. Murrieta Hot Springs Road
Murrieta Hot Springs Road (MHSR) from the Westerly Boundary Line of Tract 29661
(existing end of pavement) to Butterfield Stage Road:
Improvements include grading for full right-of-way with 2:1 slopes, paving, curb and
gutter, median curb, sidewalk, street lights, signing and striping, traffic signal(s)
landscaping, irrigation, storm drain, concrete slope protection, sewer and water
pipelines, and other appurtenant improvements necessary to complete MHSR.
2. Butterfield Stage Road
Butterfield Stage Road (BSR) from the Northerly tract boundary to Rancho California
Road:
Improvements include grading full right-of-way with 2:1 slopes, paving, curb and
gutter, median curb, sidewall<, street lights, traffic signal(s), signing and striping,
landscaping, irrigation, storm drain, concrete slope protection, bridges over Santa
Gertrudis Creek, and Long Valley Channel, sewer and water pipelines, and other
appurtenant improvements necessary to complete Butterfield Stage Road.
3. Nicolas Road
3a Nicolas Road BSR to the Easterly Metropolitan Water District (MWD) R1W:
Improvements include grading right-of-way with 2:1 slopes, paving, asphalt berms,
curb and gutter, sidewalk, asphalt path, split rail fence, street lights, landscaping,
irrigation, storm drain, underground sewer and water pipelines, and other appurtenant
improvements necessary to complete Nicolas Road.
3b Nicolas Road from the Easterly MWD RIW to Liefer Road including construction of
Calle Garisol realignment to Nicolas Road:
Improvements include grading partial right-of-way (40' travel way) with 2:1 slopes,
paving, asphalt berms, curb and gutter, sidewalk, asphalt path, utility relocations, traffic
detour, split rail fence, street lights, signing and striping, landscaping, irrigation, sewer,
storm drain, bridge over Santa Gertrudis Creek (including channel lining and transition
structure to bridge), access road, exit structure and other appurtenant improvements
necessary to complete Nicolas Road.
3c Nicolas Road Sewer Pipeline from Liefer Road to Joseph Road:
Improvements include installing a 15" main line sewer including street re-pavement,
traffic detour and other appurtenant improvements necessary to complete Nicolas Road
Sewer pipeline.
A-I
3d Nicolas Road and North General Kearny Road intersection signalization:
Improvements include signalization of intersection, striping, traffic control and other
appurtenant improvements necessary to complete the signalization.
3e Nicolas Road and Winchester Road intersection widening and signal modification:
Improvements include modifications to existing traffic signal, storm drain, paving, curb
and gutter, median curb, bus turn-out, striping, traffic control and other appurtenant
improvements necessary to complete the intersection and signal modifications.
4. Calle Chapos
Calle Chapos from BSR to Walcott Lane:
Improvements include grading half right-of-way width plus twelve feet with 2:1 slopes,
paving, AC dike, storm drain and other appurtenant improvements necessary to
complete Calle Chapos.
5. Long Valley Channel
Long Valley Channel from the Westerly R/W of BSR to the Easterly Project Boundary:
Improvements include grading of channel, flow-by detention basin, construction of
drop structures, trapezoidal channel lining, transition structures to Butterfield Stage
Road Bridge, rip-rap, grading and paving of access roads, fencing, and other
appurtenant improvements necessary to complete Long Valley Channel.
6. Santa Gertrudis Creek
Santa Gertrudis Creek from the Habitat Area to the exit channel at MWD R/W:
Improvements include a flow-by detention basin, headwalls, trapezoidal channel lining
and transition structures; grading, fencing and paving for access roads; desilting and
detention basins, rip-rap protection, rip-rap dissipaters, berms, grading of exit structure
and other appurtenant improvements necessary to complete Santa Gertrudis Creek.
7, Environmental Mitigation
Mitigation for the Long Valley Channel and Santa Gertrudis Creek improvements:
Creation of 8.2 acres of habitat within open space to include grading, access road,
electrical service, irrigation, plant and seed installation and other appurtenant
improvements necessary to complete resource agency conditioned environmental
mitigation for the Long Valley Channel and Santa Gertrudis Creek improvements.
8. Sports Park
Sports Park at the SE corner of the intersection of North Loop Road and Butterfield
Stage Road:
Construct 20ic-acre Sports Park including grading, parking, building, lighting
landscaping, irrigation, playing fields, basketball courts, children's play area, equipment
with a useful life of five (5) years or more and other appurtenant improvements
necessary to complete the Sports Park.
A-2
9. Fire Station Site Grading
Roripaugh Ranch Fire Station site grading
Improvements include site grading and other appurtenant improvements necessary to
provide a rough graded fire station site.
10. North Loop Road
North Loop Road from BSR to Gate House East of BSR (Public Section only):
Improvements include grading full right-of-way with 2:1 slopes, paving, curb and
gutter, median curb, sidewalk, street lights, signing and striping, landscaping,
irrigation, storm drain, sewer and water pipelines, North Loop Road Bridge and other
appurtenant improvements necessary to complete the public segment of the North Loop
Road East of BSR.
11. South Loop Road
South Loop Road from BSR to Gate House East of BSR (Public Section only):
Improvements include grading full right-of-way with 2:1 slopes, paving, curb and
gutter, median curb, sidewalk, street lights, signing and striping, landscaping,
irrigation, storm drain, sewer and water pipelines, and other appurtenant
improvements necessary to complete the public segment of the South Loop Road East of
BSR.
12. Roripaugh Valley Road (A Street)
Roripaugh Valley Road Grading and Street Improvements from Murrieta Hot
Springs Road to Butterfield Stage Road:
Improvements include grading full right-of-way with 2:1 slopes, paving, curb and
gutter, median curb, sidewalk, street lights, signing and striping, landscaping,
irrigation, storm drain, sewer and water pipelines, and other appurtenant
improvements necessary to complete Roripaugh Valley Road between Murrieta Hot
Springs Road and Butterfield Stage Road.
13. Fiesta Ranch Road ( B Street)
Fiesta Ranch Road Grading and Street Improvements from Roripaugh Valley Road to
Nicolas Road:
Improvements include grading full right-of-way with 2:1 slopes, paving, curb and
gutter, median curb, sidewalk, street lights, signing and striping, landscaping,
irrigation, storm drain, sewer and water pipelines, and other appurtenant
improvements necessary to complete Fiesta Ranch Road between Roripaugh Valley
Road and Nicolas Road.
14. Fire Station and Fire Apparatus
Fire Station Construction and Fire Truck Purchase:
Improvements include the acquisition of land for and construction of a fire station to be
located at the Southeast comer of Butterfield Stage Road and the South Loop Road, and
to consist of a building of approximately 9,100 square feet. Also, the equipping of the
fire station, including furniture and fixtures, and the acquisition of a fire truck and other
fire fighting apparatus.
A-3
15, Neighborhood Park
Neighborhood Park at the SW comer of the intersection of Murrieta Hot Springs
Road and Roripaugh Valley Road (A Street):
Construct S.l-acre Neighborhood Park including grading, parking, restroom building,
lighting, landscaping, irrigation, open grass area, basketball court, children's play area,
equipment with a useful life of five (S) years or more and other appurtenant
improvements necessary to complete the Neighborhood Park.
16. SR-79 Improvements
Improvements include right-of-way acquisition, grading to accommodate road
widening, pavin~, curb and gutter, median curb, sidewalk, street lights, traffic signal(s),
signing and stnping, landscaping, irrigation, storm drain, and other appurtenant
improvements necessary to complete improvements to SR-79 within the City of
Temecula City limits.
PRIOR LIEN
The District may fund amounts necessary to eliminate all or a portion of the lien
imposed by the County of Riverside Assessment District No. 161 on the real property within
the District.
OTHER
The District may also finance any of the following:
1. Bond related expenses, including underwriter's discount, reserve fund, capitalized
interest, bond and disclosure counsel and all other incidental expenses.
2. Administrative fees of the Authority, the City of Temecula and the bond trustee or
fiscal agent related to the District and any bonded indebtedness of the District.
3. Reimbursement of costs related to the formation of the District advanced by the
Authority, the City or any related entity, or any landowner or developer within the District, as
well as reimbursement of any costs advanced by the Authority or any related entity, or any
landowner or developer within the District, for facilities, fees or other purposes or costs of the
District
A-4
."
EXHIBIT B
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILmES DISTRICT NO. 03-02
(RORIPAUGH RANCH)
FACILmES AND LIEN ELIMINATION COST ESTIMATE
1. ACQUISmON & CONSTRUCTION OF FACILmES
2. INCIDENTALS
(a) Bond Reserve Fund
(b) Bond Discount/Underwriter Compensation
(c) Capitalized Interest
(d) Other Costs of Issuance
(e) First Year Administration Costs
3. COST TO PREPAY FIXED ASSESSMENT LIEN
4. CONTINGENCIES
TOTAL BOND AMOUNT NEEDED
B-1
$ 45,108,591
3,647,182
1,046,600
1,952,627
515,000
60,000
1,000,000
1.670.000
$ 55,000,000
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA MAKING FINDINGS WITH RESPECT TO AND
APPROVING THE ISSUANCE OF BONDS BY THE
TEMECULA PUBLIC FINANCING AUTHORITY
RORIPAUGH RANCH 03-02
WHEREAS, the City of Temecula (the "City") and the Redevelopment Agency of the City
of Temecula have heretofore entered into a Joint Exercise of Powers Agreement establishing
the Temecula Public Financing Authority (the "Authority") for the purpose, among others, of
issuing its bonds to finance public capital improvements; and
WHEREAS, the Board of Directors of the Authority intends to form the Temecula Public
Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) (the "CFD"), and
to issue bonds of the Authority for the CFD (the "Bonds") to finance various public
improvements within or near the City of Temecula (the "Improvements") and the elimination of a
fixed special assessment lien on property in the CFD (the "Prior Lien"); and
WHEREAS, the City Council has on this date held a duly noticed public hearing on the
financing of the Improvements and the elimination of the Prior Lien with the proceeds of the
Bonds, as required by Section 6586.5(a) of the California Government Code; and
WHEREAS, the City Council now desires to make a finding of significant public benefit,
pursuant to Section 6586.5(a)(2) of the California Government Code, and to approve of the
financing of the Improvements and the elimination of the Prior Lien with the proceeds of the
Bonds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as
follows:
Section 1. Findinqs and Determinations. The City Council hereby finds that significant
public benefits will arise from the financing of the Improvements and the elimination of the Prior
Lien with the proceeds of the Bonds, in accordance with Section 6586 of the California
Government Code.
Section 2. Approval of Financinq. The City Council hereby approves the financing of
the Improvements and the elimination of the Prior Lien with the proceeds of the Bonds, and the
issuance of the Bonds by the Authority for the CFD.
Section 3. Effective Date. This Resolution shall take effect from and after the date of
its passage and adoption.
PASSED, APPROVED AND ADOPTED, bX the City Council of the City of Temecula at a
regular meeting of the City Council held on the 11' day of January, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
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. 05- _ was duly adopted at a regular meeting of the City Council of
the City of Temecula on the 11'h day of January, 2005, by the following roll call vote:
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
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RESOLUTION NO. 05-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING JOINT COMMUNITY FACILITIES
AGREEMENTS RELATING TO THE FINANCING OF PUBLIC
IMPROVEMENTS AND IMPLEMENTATION OF ACQUISITION
AGREEMENT, AND APPROVING MAINTENANCE
AGREEMENT FOR LONG VALLEY WASH RECREATIONAL
TRAILS - RORIPAUGH RANCH
WHEREAS, the Board of Directors of the Temecula Public Financing Authority (the
"Authority") is undertaking proceedings to form the Temecula Public Financing Authority
Community Facilities District No. 03-02 (Roripaugh Ranch) (the "CFD") pursuant to the Mello-
Roos Community Facilities Act of 1982, as amended (the "Act"), and the Authority intends to
issue bonds of the Authority for the CFD (the "Bonds") in order to finance costs of public
improvements (the "Improvements") to be constructed within or near the City of Temecula (the
"City") and the elimination of a prior fixed assessment lien, as described in the proceedings to
form the CFD; and
WHEREAS, in order to enable the CFD to finance the Improvements, Section 53316.2
of the California Government Code requires that the City and the Authority enter into a joint
community facilities agreement prior to the formation of the CFD with respect to the portion of
the Improvements to be owned or operated by the City for the CFD; and
WHEREAS, a form of joint community facilities agreement - City, by and between the
City and the Authority relating to the Improvements to be owned or operated by the City (the
"Joint Community Facilities Agreement - City") has been filed with the City Clerk; and
WHEREAS, a form of joint community facilities agreement by and among the City, the
Authority, Ashby USA, LLC ("Ashby") and the County of Riverside (the "County") relating to
certain street improvements eligible to be funded by the CFD (the "County JCFA"), a form of
joint community facilities agreement by and among the City, the Authority, the County, Ashby
and the Riverside County Flood Control and Water Conservation District relating to certain flood
control facilities eligible to be funded by the CFD (the "Flood Control JCFA," and, together with
the County JCFA, and the Joint Community Facilities Agreement - City, being referred to herein
collectively as the "Joint Community Facilities Agreements") have been filed with the City Clerk;
and
WHEREAS, there has been prepared a Maintenance Agreement for Long Valley Wash
Recreational Trails among the Homeowner's Association for Roripaugh Ranch, Ashby and the
City (the "Maintenance Agreement") relating to obligation to maintain certain land referenced in
the Flood Control JCFA; and
WHEREAS, the City Council, with the assistance of City staff, has reviewed the Joint
Community Facilities Agreements and the Maintenance Agreement, and the City Council now
desires to approve the Joint Community Facilities Agreements and the Maintenance Agreement
and direct their execution and delivery; and
WHEREAS, the Authority expects to enter into an Acquisition Agreement (the
"Acquisition Agreemenf') with Ashby, whereby Ashby will construct some of the Improvements
to be acquired with the proceeds of the Bonds; and
WHEREAS, the implementation of the Acquisition Agreement will involve actions by the
Director of Public Works of the City and certain other City officials, and the City Council now
desires to authorize City officials to assist in the implementation of the Acquisition Agreement
the current form of which has been reviewed by and is on file with the Director of Public Works.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as
follows:
Section 1. Approval of Joint Community Facilities Aqreements. The City Council
hereby approves the Joint Community Facilities Agreements in the respective forms on file with
the City Clerk, and hereby authorizes and directs the Mayor to execute and deliver, and the City
Clerk to attest, the Joint Community Facilities Agreements in such forms together with any
changes therein deemed advisable by the City Manager upon consultation with the City
Attorney, the approval of such changes to be conclusively evidenced by the execution and
delivery by the Mayor of the Joint Community Facilities Agreements. The City Council hereby
declares that the Joint Community Facilities Agreements will be beneficial to the residents
residing within the boundaries of the City.
Section 2. Approval of Maintenance Aqreement. The City Council hereby approves the
Maintenance Agreement in the form on file with the City Clerk, and hereby authorizes and
directs the Mayor to execute and deliver, and the City Clerk to attest, the Maintenance
Agreement in such form together with any changes therein deemed advisable by the City
Manager upon consultation with the City Attorney, the approval of such changes to be
conclusively evidenced by the execution and delivery by the Mayor of the Maintenance
Agreement.
Section 3. Approval of Assistance Under Acquisition Aqreement. The City Council
hereby authorizes the Director of Public Works and all other appropriate officials of the City to
assist the Authority in the implementation of the Acquisition Agreement, and to perform those
functions described in the Acquisition Agreement as to be performed by officials of the City.
Section 4. Official Actions. The Mayor, City Manager, Director of Finance, the Director
of Public Works and 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 to implement the
Joint Community Facilities Agreements and the Acquisition Agreement, including but not limited
to the execution and delivery of any and all agreements, certificates, docurnents and other
instruments which they, or any of them, deem necessary or desirable and not inconsistent with
the purposes of this Resolution, the Joint Cornmunity Facilities Agreements and the Acquisition
Agreement.
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Section 5. Effectiveness. This Resolution shall take effect upon its ad6ption.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a
regular meeting held on the 11 th day of January, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
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. 05-_ was duly adopted at a regular rneeting of the City Council of
the City of Temecula on the 11th day of January, 2005, by the following roll call vote:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
AYES:
ABSENT:
Susan W. Jones, CMC
City Clerk
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JOINT COMMUNITY FACILITIES AGREEMENT
CITY
JOINT COMMUNITY FACILITIES AGREEMENT - CITY
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 03-02
(RORIPAUGH RANCH)
This Joint Community Facilities Agreement (the" Agreement"), dated for convenience
as of January 1, 2005, is by and between the Temecula Public Financing Authority (the
"Authority") and the City of Temecula (the "Participating Agency").
RECITALS:
WHEREAS, the Authority is undertaking proceedings to form the Temecula Public
Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) (the "CFD")
pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the" Act"), and the
Authority intends to issue bonds of the Authority for the CFD (the "Bonds") in order to finance
various public improvements to be acquired and constructed in the City of Temecula; and
WHEREAS, the improvements to be financed with the proceeds of the Bonds may
include the improvements described in Attachment A hereto (the "Improvements"), which
Attachment is, by this reference, incorporated herein; and
WHEREAS, the parties hereto expect that the Participating Agency will own and
operate the Improvements if they comply with the standards and have been completed to the
satisfaction of the Participating Agency; and
WHEREAS, all or a portion of the Improvements are to be constructed by Ashby USA,
LLC, an owner of land in the CFD or an affiliate or designee thereof (the "Developer"), and the
Authority expects to enter into an Acquisition Agreement with the Developer (the" Acquisition
Agreement") whereby the Authority will use proceeds of the Bonds to acquire improvements
from the Developer and to reimburse the Developer for all or a portion of the costs of other
improvements; and
WHEREAS, the implementation of the Acquisition Agreement will involve actions by
officials of the Participating Agency, and the Participating Agency is willing to provide the
services of its officials as necessary to implement the provisions of the Acquisition Agreement;
and
WHEREAS, Section 53316.2 of the Act requires that the Authority enter into a joint
community facilities agreement with the Participating Agency, prior to the adoption by the
Authority of the Resolution of Formation of the CFD, in respect of the Improvements which
Improvements are to be financed with the proceeds of the Bonds, and, upon completion, are to
be owned and operated by the Participating Agency; and
WHEREAS the Authority and the Participating Agency now desire to enter into this
Agreement to satisfy the requirements of Section 53316.2 of the Act and to memorialize their
understanding with respect to the proceeds of the Bonds, the Improvements and the
Acquisition Agreement, all as more particularly set forth below.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing and mutual covenants set forth
below, the parties hereto do hereby agree as follows;
Section 1. Reservation of Bond Funds. The Authority intends to reserve a portion of the
proceeds of the Bonds in an amount necessary to finance a portion of the costs incurred in
connection with the acquisition and construction of the Improvements. Said amount, together
with any investment earnings thereon, shall be held in an account within the Improvement
Fund established for the CFD (the "Improvement Fund") for the sole and exclusive benefit of
the applicable improvement area of the CFD, and such amount shall in no way be pledged as
security for the Bonds.
Other than the funds described in the preceding paragraph, the Authority shall have no
obligation to pay for any of the costs of the Improvements, including but not limited to any
costs of planning, acquisition, construction, installation or inspection of the Improvements.
Any costs of the Improvements listed as items 1 through and including 9 in Attachment A
hereto in excess of the proceeds of the Bonds available to pay such costs will be paid by or on
behalf of a landowner in the CFD.
Section 2. Construction of Improvements. The Improvements have been or will be
constructed pursuant to plans and specifications approved by the Participating Agency. The
Participating Agency shall not have any liability whatsoever in respect of any work performed
in connection with the Improvements; provided that this sentence shall in no way limit any
rights the Participating Agency may have against any persons or entities in respect of the
acquisition or construction of the Improvements once the Participating Agency accepts title to
and control over the Improvements.
To the extent that the Participating Agency incurs expenses incident to reviewing and
approving design plans and specifications, conducting construction field inspections and
otherwise in connection with the design, construction and acceptance of the Improvements,
such expenses may be reimbursed to the Participating Agency upon presentation of invoices as
to the nature and amount of such costs and expenses, from available amounts in the
Improvement Fund, or if there are no such available funds, then from one of the owners of the
land in the CFD (as may be required in any applicable subdivision improvement agreements
pertaining thereto) or from any other legally available funds.
Section 3. Inspection and Acceptance: Use of Bond Funds. The Participating Agency
shall cause inspections to be made during the construction of the Improvements in accordance
with its customary procedures for construction projects of a similar nature. Upon completion
of construction of the Improvements to the satisfaction of the Participating Agency, the
Participating Agency shall accept dedication of the Improvements in accordance with its
customary procedures, and shall accept ownership, and responsibility for operation of the
Improvements conditioned upon the passage to the Participating Agency of fee title clear of all
encumbrances and easements not otherwise acceptable to the Participating Agency in its sole
discretion. The Participating Agency shall have no responsibility with respect to the ownership
or operation of the Improvements unless and until construction has been completed to the
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satisfaction of the Participating Agency. The Authority shall have no obligation to at any time
own or operate any of the Improvements.
Section 4. Assistance with Acquisition Agreement. The Participating Agency hereby
agrees to assist the Authority in connection with the implementation of the Acquisition
Agreement by making its Director of Public Works and other officials available for the
purposes, on the terms and as otherwise provided for in the Acquisition Agreement with
respect to any actions to be performed by Participating Agency officials under the Acquisition
Agreement.
Section 5. Limited Obligations. All obligations of the Authority under and pursuant to
this Agreement shall be limited to the amounts on deposit in the Improvement Fund and
described in Section 1 above. No Boardmember, officer or employee of the Authority shall in
any event be personally liable hereunder.
The sole obligation of the Participating Agency hereunder with respect to the
Improvements shall be to inspect and accept the Improvements as described above. The
Participating Agency shall have no responsibility or obligation with respect to the
Improvements for any action occurring prior to acceptance by the Participating Agency. If, for
any reason whatsoever, there are insufficient funds to complete the Improvements or any
portion thereof, the Participating Agency shall have no obligation under this Agreement to
fund any such shortfall.
The sole obligation of the Participating Agency hereunder with respect to the
Acquisition Agreement shall be to make available officials of the Participating Agency
specifically referenced in, and for the tasks specifically to be undertaken by such officials under
the terms of, the Acquisition Agreement.
If the Participating Agency shall fail to perform any of its obligations hereunder, the
sole remedy of the Authority shall be the commencement of an action in the Superior Court for
specific performance by the Participating Agency of such obligations.
Section 6. Termination. Notwithstanding any other provision of this Agreement, this
Agreement shall cease to be effective and shall terminate if the first series of the Bonds are not
issued by December 31, 2005. If not earlier terminated pursuant to the preceding sentence, this
Agreement shall terminate upon acceptance of the ownership and operation of the
Improvements by the Participating Agency.
Section 7. Partial Invalidity. 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 8. Successors and Assigns. This Agreement shall be binding upon and inure to
the benefit of the successors and assigns of the parties hereto. This Agreement is for the sole
benefit of the Authority and the Participating Agency and their successors and assigns, and no
other person or entity shall be deemed to be a beneficiary hereof or have an interest herein.
Section 9. Execution in Counterparts. This Agreement may be executed in counterparts,
each of which shall be deemed an original.
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* * * * * * * * * *
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year written alongside their signature below.
CITY OF TEMECULA (the "Participating
Agency")
Date of Execution; January 11, 2005
By;
Mayor
A ttes t:
By:
City Clerk
TEMECULA PUBLIC FINANCING
AUTHORITY (the "Authority")
Date of Execution; January 11, 2005
By:
Executive Director
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ATTACHMENT A
DESCRIPTION OF FACILITIES PROPOSED TO BE FUNDED BY TEMECULA PUBLIC
FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02
(RORIPAUGH RANCH) WHICH ARE TO BE OWNED, OPERATED OR PROVIDED,
AS APPLICABLE, BY THE CITY OF TEMECULA
1. Murrieta Hot Springs Road
Murrieta Hot Springs Road (MHSR) from the Westerly Boundary Line of Tract 29661
(existing end of pavement) to Butterfield Stage Road:
Improvements include grading for full right-of-way with 2:1 slopes, paving, curb and
gutter, median curb, sidewalk, signing and striping, traffic signal(s) landscaping,
irrigation, storm drain, concrete slope protection, and other appurtenant improvements
necessary to complete MHSR.
2. Butterfield Stage Road
Butterfield Stage Road (BSR) from the Northerly tract boundary to Southerly tract
boundary:
Improvements include grading full right-of-way with 2:1 slopes, paving, curb and
gutter, median curb, sidewalk, traffic signal(s), signing and striping, landscaping,
irrigation, storm drain, concrete slope protection, bridges over Santa Gertrudis Creek,
and Long Valley Channel, and other appurtenant improvements necessary to complete
Butterfield Stage Road.
Butterfield Stage Road (BSR) from the Southerly tract boundary to Rancho California
Road:
Improvements include grading westerly _ right-of-way with 2:1 slopes, paving, curb
and gutter, median curb, sidewalk, traffic signal(s), signing and striping, landscaping,
irrigation, storm drain, concrete slope protection, and other appurtenant improvements
necessary to complete Butterfield Stage Road.
3. Nicolas Road
Nicolas Road BSR to the Easterly Metropolitan Water District (MWD) R/W:
Improvements include grading right-of-way with 2:1 slopes, paving, asphalt berms,
curb and gutter, sidewalk, asphalt path, split rail fence, landscaping, irrigation, storm
drain, and other appurtenant improvements necessary to complete Nicolas Road.
A-I
Nicolas Road from the Easterly MWD R/W to Liefer Road including construction of
Calle Garisol realignment to Nicolas Road:
Improvements include grading partial right-of-way (40' travel way) with 2:1 slopes,
paving, asphalt berms, curb and gutter, sidewalk, asphalt path, split rail fence, signing
and striping, landscaping, irrigation, sewer, storm drain, bridge over Santa Gertrudis
Creek, and other appurtenant improvements necessary to complete Nicolas Road.
Nicolas Road and North General Kearny Road intersection signalization:
Improvements include signalization of intersection, striping, traffic control and other
appurtenant improvements necessary to complete the signalization.
Nicolas Road and Winchester Road intersection widening and signal modification:
Improvements include modifications to existing traffic signal, storm drain, paving, curb
and gutter, median curb, bus turn-out, striping, traffic control and other appurtenant
improvements necessary to complete the intersection and signal modifications outside
of the Caltrans right of way.
4. Calle Chapos
Calle Chap os from BSR to Walcott Lane:
Improvements include grading half right-of-way width plus twelve feet with 2:1 slopes,
paving, AC dike, storm drain and other appurtenant improvements necessary to
complete Calle Chapos.
5. Environmental Mitigation
Mitigation for the Long Valley Channel and Santa Gertrudis Creek improvements:
Creation of 8.2 acres of habitat within open space to include grading, access road,
electrical service, irrigation, plant and seed installation and other appurtenant
improvements necessary to complete resource agency conditioned environmental
mitigation for the Long Valley Channel and Santa Gertrudis Creek improvements.
6. North Loop Road
North Loop Road from BSR to Gate House East of BSR (public section only):
Improvements include grading full right-of-way with 2:1 slopes, paving, curb and
gutter, median curb, sidewalk, signing and striping, landscaping, irrigation, storm
drain, North Loop Road Bridge and other appurtenant improvements necessary to
complete the public segment of the North Loop Road East of BSR.
A-2
7. South Loop Road
South Loop Road from BSR to Gate House East of BSR (public section only):
Improvements include grading full right-of-way with 2:1 slopes, paving, curb and
gutter, median curb, sidewalk, signing and striping, landscaping, irrigation, storm
drain, and other appurtenant improvements necessary to complete the public segment
of the South Loop Road East of BSR.
8. Roripaugh Valley Road (A Street)
Roripaugh Valley Road
Springs Road to Butterfield Stage Road:
from
Murrieta
Hot
Improvements include grading full right-of-way with 2:1 slopes, paving, curb and
gutter, median curb, sidewalk, signing and striping, landscaping, irrigation, storm
drain, and other appurtenant improvements necessary to complete Roripaugh Valley
Road between Murrieta Hot Springs Road and Butterfield Stage Road.
9. Fiesta Ranch Road ( B Street)
Fiesta Ranch Road from Roripaugh Valley Road to Nicolas Road:
Improvements include grading full right-of-way with 2:1 slopes, paving, curb and
gutter, median curb, sidewalk, signing and striping, landscaping, irrigation, storm
drain, and other appurtenant improvements necessary to complete Fiesta Ranch Road
between Roripaugh Valley Road and Nicolas Road.
10. Fire Station and Fire Apparatus
Improvements include the acquisition of land for and construction of a fire station to be
located at S/E corner of Butterfield Stage Road and the South Loop Road, which will
consist of a building of approximately 9,100 square feet. Also, the equipping of the fire
station, including furniture and fixtures, and the acquisition of a fire truck and other fire
fighting apparatus.
A-3
JOINT COMMUNITY FACILITIES AGREEMENT
COUNTY: STREET IMPROVEMENTS
""
( /
JOINT COMMUNITY FACILITIES AGREEMENT
(Street Improvements)
by and among
COUNTY OF RIVERSIDE
and
CITY OF TEMECULA
and
TEMECULA PUBLIC FINANCING AUTHORITY
and
ASHBY USA, LLC
a California limited liability company
Dated as of November 1,2004
Relating to:
Temecula Public Financing Authority
Community Facilities District No. 03-02
(Roripaugh Ranch)
CFD No. 03-02 (Roripaugh Ranch) - JCFA
County Facilities - Execution Copy
TABLE OF CONTENTS
ARTICLE I
DEFINITIONS
Section 1.1. Definitions............................................................................................ ...................... 5
ARTICLE II
CONDITIONS PRECEDENT
Section 2.1. Formation Proceedings .............................................................................................. 9
ARTICLE III
ACQUISITION OF THE COUNTY FACILITIES
Section 3.1. Acquisiton of County Facilties ................................................................................ 10
Section 3.2. Determination ofthe Purchase Price........................................................................ 10
Section 3.3. Dedication of Property and Easements to County................................................... 11
Section 3.4. Modifications to Acquisition Costs ......................................................................... 12
Section 3.5. Application of Realized Savings.............................................................................. 12
ARTICLE IV
CONSTRUCTION OF THE COUNTY FACILITIES
Section 4.1. Preparation and Approval of Plans .......................................................................... 13
Section 4.2. Duty of Developer to Construct............................................................................... 13
Section 4.3. Bid and Construction Requirements ........................................................................ 13
Section 4.4. Licenses and Regulatory Permits .............................................................................15
Section 4.5. NPDES Compliance... ....................................... .... ................................................... 15
Section 4.6.Cal/OSHA, Confined Space Entry............................................................................ 17
Section 4.7. Notice of Intent to Conunence Construction ...........................................................17
Section 4.8. Bonding Requirements......... ........................ ......... ...... .......................... ................... 18
Section 4.9. Additional Conditions to be Satisfied during Construction..................................... 18
Section 4.10. Inspection, Completion of Construction ................................................................ 18
Section 4.11. Maintenance of Facilities; Warranties ................................................................... 19
Section 4.12. Maintenance Deposits by the Developer for Energizing Street Lights and
Maintenance of Retention Wall..................................................................... 19
Section 4.13. Insurance Requirements ......................................................................................... 20
Section 4.14. Ownership ofthe Facilities .................................................................................... 22
CFD No. 03-02 (Roripaugh Ranch) - JCF A
County Facilities - Execution Copy
ARTICLE V
REPRESENTATIONS, WARRANTIES AND COVENANTS; INDEMNIFICATION
Section 5.1. Representations, Warranties and Covenants ofthe Developer. ............................... 23
Section 5.2. Representations, Warranties and Covenants of the Authority................................. 24
Section 5.3. Representations, Warranties and Covenants of the County.................................... 25
Section 5.4. Representations, Warranties and Covenants of the City.......................................... 25
Section 5.6. The Developer Indemnification ............................................................................... 27
ARTICLE VI
MISCELLANEOUS
Section 6.1. The Developer as Independent Contractors ............................................................. 28
Section 6.2. Other Agreements .................................................................................................... 28
Section 6.3. Binding on Successors and Assigns......................................................................... 28
Section 6.4. Amendments ......................... .......................... ....... ...... ............................................ 28
Section 6.5 . Waivers ........... ..... ................................................ .............................. ...................... 29
Section 6.6. No Third Party Beneficiaries ................................................................................... 29 .
Section 6.7. Notices ....................... ................................... ........................................................... 29
Section 6.8. Jurisdiction and Venue.............................................................................................30
Section 6.9. Attorney's Fees ................... ...................... ............ ..... ... ............................................ 30
Section 6.10. Governing Law ......................................................................................................30
Section 6.11. Usage of Words.......................................................................:.... .......................... 30
Section 6.12. Counterparts .... ....... ....................................... .................... ............................ ......... 30
Section 6.13. Interpretation... ........................ ............... .............. ............. ....... ............ .................. 30
Section 6.14. Designation of Party Representative...................................................................... 31
EXHIBIT A PROPOSED BOUNDARY MAP OF CFD NO. 03-02....................................... A-I
EXHIBIT B COUNTY IMPROVEMENTS - DIAGRAM, DESCRIPTION AND
ACQUISITION COSTS................................................................................B-l
EXHIBIT C FORM OF SUMMARY OF BIDS RECEIVED ...................................................C-l
EXHIBIT D FORM OF PAYMENT AND PERFORMANCE BONDS ................................. D-l
EXHIBIT E FORM OF PAYMENT REQUEST ......................................................................E-l
CFD No. 03-02 (Roripaugh Ranch) - JCFA
County Facilities - Execution Copy
JOINT COMMUNITY FACILITIES AGREEMENT
THIS JOINT COMMUNITY FACILITIES AGREEMENT (this "Joint
Community Facilities Agreement") is made and entered into as of November 1, 2004, by
and among the County of Riverside, a public subdivision of the State of California
(hereinafter, the "County"), the City of Temecula, an incorporated municipality
(hereinafter, the "City"), the Temecula Public Financing Authority, a Joint Powers
Authority established pursuant to Article 4, Chapter 5, Division 5 of Title 1 of the
California Government Code (hereinafter, the "Authority"), and Ashby USA, LLC, a
California limited liability company (hereinafter, the "Developer").
RECITALS
WHEREAS, pursuant to a petition presented to the Authority executed by the
Developer who owns more than ten percent (10%) of approximately 805 vacant acres
comprising Tract Map Nos. 29353-1, 29353-2 and 29353-3 (collectively, the "Property")
that are located within the boundaries of the City and are commonly referred to as
"Roripaugh Ranch," the Board of Directors of the Authority (the "Legislative Body") has
initiated proceedings to form a community facilities district that is to be identified as
Temecula Public Financing Authority Community Facilities District No. 03-02
("Roripaugh Ranch") (the "Community Facilities District") by the adoption of its
Resolution No. TPFA 04-08 on August 24, 2004, as amended by Resolution No. TPFA
04-10 (the "Resolution of Intention"), under the authority of the Mello-Roos Community
Facilities Act of 1982 (the" Act") (commencing with Section 53311 of the California.
Government Code (the "Code")).
WHEREAS, the Developer is the master developer of the Property, as shown on
Exhibit A, attached hereto, that will allow for the construction of approximately 2,000
residential units, approximately 15 acres of related commercial development, school and
park sites, and construction of a fire station all within the boundaries or the vicinity of the
Community Facilities District.
WHEREAS, the Developer has requested and proposed that the Community
Facilities District be formed for the purpose of providing the means of financing the
construction and/or acquisition of certain streets, related drainage improvements, and
park facilities to be owned and maintained by the City, certain street and related drainage
improvements to owned and maintained by the County (the "County Facilities") certain
flood control and storm water drainage facilities to be owned and maintained by the
Riverside County Flood Control and Water Conservation District and certain water and
sewer improvements to be owned and maintained by Eastern Municipal Water District
(the "EMWD Improvements"). The County Facilities are to be owned, operated and
maintained by the County upon their acceptance by the County. The County Facilities are
CFD No. 03-02 (Roripaugh Ranch) - JCF A
County Facilities - Execution Copy
2
diagramed in concept, described and their estimated acquisition costs are stated in Exhibit
B attached hereto and incorporated herein by this reference.
WHEREAS, Section 53313.5 of the Code provides that a community facilities
district may only finance the purchase of facilities whose construction has been
completed, as determined by the legislative body of the community facilities district,
before the resolution of formation to establish the community facilities district is adopted
pursuant to Section 53325.1 of the Code, except that a community facilities district may
finance the purchase of facilities completed after the adoption of a resolution of formation
if the facility is constructed as if it had been constructed under the direction and
supervision, or under the authority of, a local public agency.
WHEREAS, alternatively, Section 53314.9 of the Code provides that at any time
either before or after the formation of a community facilities district, the legislative body
may accept advances of funds or work in-kind from any source, including, but not limited
to, private persons or entities, and may provide, by resolution, for the use of those funds
or that work in-kind for any authorized purpose, under all of the following conditions: (a)
the proposal to repay the funds or the value or cost of the work in-kind, whichever is less,
is included in both the resolution of intention to establish the community facilities district
adopted pursuant to Section 53321 of the Code and in the resolution to establish the
community facilities district pursuant to Section 53325.1 of the Code, (b) any proposed
special tax is approved by the qualified electors of the community facilities district
pursuant to the Act, and (c) any work in-kind accepted pursuant to Section 53314.9 of the
Code shall have been performed or constructed as if the work had been performed or
constructed under the direction and supervision, or under the authority, of a local public
agency.
WHEREAS, pursuant to the Act, the Board of Directors has adopted the
Resolution of Intention stating that it is the intention of the Authority to cause the
proposed Community Facilities District to be established, and if established, to reimburse
the Developer all, or a portion, of the funds or value or cost of the work in-kind,
whichever is less, without interest, provided all of the conditions of Section 53314.9 of
the Code are satisfied and that such reimbursement shall only be from the proceeds of
special tax bonds, if any are sold and issued by the proposed Community Facilities
District.
WHEREAS, the Act provides that the proposed Community Facilities District
may finance the County Facilities only pursuant to a joint community facilities agreement
adopted pursuant to Sections 53316.2, 53316.4 and 53316.6 of the Code.
WHEREAS, the County, the City, the Authority and the Developer desire to enter
into this Joint Community Facilities Agreement, as required by the aforementioned
sections of the Code and prior to the adoption by the Board of Directors of the resolution
establishing the Community Facilities District. The provisions of this Joint Community
Facilities Agreement are intended to apply only to the County Facilities, unless expressly
stated otherwise.
CFD No. 03-02 (Roripaugh Ranch) - JCFA
County Facilities - Execution Copy
3
WHEREAS, consistent with Section 53316.2 of the Code, the Authority, the
City, the Flood Control District, and the County find that the approval of this Joint
Community Facilities Agreement will be beneficial to the residents of the their respective
jurisdictions and to the owners of property within the Community Facilities District.
NOW, THEREFORE, for and in consideration of the mutual premises and
covenants contained herein, the parties hereto agree as follows:
CFD No. 03-02 (Roripaugh Ranch) - JCF A
County Facilities - Execution Copy
4
ARTICLE I
DEFINITIONS
Section 1.1 Definitions. Unless the context otherwise requires, the terms
defined in this Article I sjlall have the meaning herein specified when used in this Joint
Conununity Facilities Agreement:
"Acceptable Title" means title to land, or an easement therein, delivered free and
clear of all liens, taxes, assessments, leases, easements and encumbrances, whether any
such item is recorded or unrecorded, except those non-monetary items which are
reasonably determined by the City not to interfere with the intended use of such land or
easement and therefore are not required to be cleared from title.
"Acceptance Date" means, with respect to any County Facility, the date that the
County Facility is accepted by the County into its maintained system and the Purchase
Price therefor has been determined pursuant to the terms the this Joint Conununity
Facilities Agreement.
"Acquisition Agreement" means the "Acquisition Agreement" to be entered into
by and between the Authority and the Developer, as originally executed or as the same
may be amended from time to time in accordance with its terms
"Acquisition Account" means the account by that or a similar name established
within the "Improvement Fund" created by the Indenture.
"Acquisition Cost" means, with respect to a County Facility, the amount
specified as the Acquisition Cost for such County Facility in Exhibit B attached hereto, as
the same may be modified by one or more supplements thereto entered into in accordance
with Section 3.4 hereof or augmented as a result of cost savings pursuant to Section 3.5
hereof.
"Act" means the Mello-Roos Conununity Facilities Act of 1982, constituting
Section 53311 et seq. of the Code, as amended.
"Actual Cost" means, with respect to a County Facility, an amount equal to the
sum of (a) the Developer's actual, reasonable cost of constructing such County Facility,
including labor, material and equipment costs, (b) the Developer's actual reasonable cost of
designing and preparing the Plans for such County Facility, including engineering services
provided in connection with designing and preparing such Plans, (c) the Developer's actual,
reasonable cost of environmental evaluations required specifically for such County Facility,
(d) the amount of any fees actually paid by the Developer to governmental agencies in order
to obtain permits, licenses or other necessary governmental approvals and reviews for such
County Facility, (e) the Developer's actual reasonable cost for professional services directly
related to the construction of such County Facility, including engineering, legal, inspection,
construction staking, materials testing and similar professional services, (t) the Developer's
actual, reasonable cost for construction management bid administration services which shall
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not exceed 5% of construction costs, (g) the Developer's actual reasonable cost of payment,
performance or maintenance bonds and insurance (including any title insurance required
hereby) for such County Facility, (h) the Developer's actual, reasonable cost of any real
property or interest therein acquired after the date on which the Community Facilities
District is established pursuant to the Act for a party other than the Developer, which real
property or interest therein is either necessary for the construction of such County Facility
(e.g., temporary construction easements, haul roads, etc.) or is required to be conveyed with
such County Facility in order to convey Acceptable Title thereto to the County, all as
specified in a Payment Request that is to be reviewed and approved by the County
Engineer; provided, however, that (x) no item of cost relating to a County Facility shall be
included in more than one category of cost specified in clauses (a) through (h) of this
definition, and (y) each item of cost shall include only amounts actually paid by the
Developer to third parties and shall not include overhead or other internal expenses of the
Developer, except that, if Developer employees perform construction management, bid
administration or contract administration services with respect to a County Facility, the
actual reasonable cost of the salaries and benefits paid by the Developer to such employees
for performing such services may be included as an item of cost relating to such County
Facility for the category of cost specified in clause (f) of this definition and subject to the
5% limitation specified in clause (f).
"Administrator" means the Treasurer of the Authority, or her/his designee.
"Authority" means the Temecula Public Financing Authority, a Joint Powers
Authority established pursuant to Article 4, Chapter 5, Division 5 of Title I ofthe Code.
"Board of Directors" means the Board of Directors of the Authority.
"Board of Supervisors" means the Board of Supervisors of the County.
"Bonds" means the bonds that the Community Facilities District may attempt to
sell and issue in one or more series if the Proceedings are approved, a portion of the
proceeds of which will be used to acquire the County Facilities.
"Business Day" means a day which is not a Saturday or Sunday or a day of the
year on which the County is not required or authorized to be open.
"CEQA" means the California Environmental Quality Act (CEQA), constituting
Section 21000 et seq. of the California Public Resources Code, as amended.
"City" means the City of Temecula, an incorporated municipality.
"City Engineer" means the Director of Public Works of the City, or his/her
designee.
"Code" means the California Government Code.
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"Community Facilities District" means the Temecu1a Public Financing
Authority Community Facilities District No. 03-02 (Roripaugh Ranch), a community
facilities district to be organized and existing under the Code.
"Construction Site" means the site on which the County Facilities are to be
constructed, including off site staging areas and material storage areas.
"County" means the County of Riverside, a political subdivision ofthe State, and
its successors.
"County Engineer" means the Director of Transportation of the County (or any
successor to the responsibilities thereof if such office is no longer in existence), or his/her
designee.
"County Facility" or "County Facilities" means the street and related drainage
improvements as shown and described in Exhibit B attached hereto and are to be owned,
operated and maintained by the County.
"Developer" means Ashby USA, LLC, a California limited liability company,
and its successors and assigns, acting as the master developer of infrastructure within the
Community Facilities District, including but not limited to the County Facilities.
"Developer's Representative" means the person or persons designated as such
by the Developer in a certificate signed by the Developer and delivered to the City, the
Community Facilities District, and the County, which certificate shall contain an original
or specimen signature of each person so designated.
"General Prevailing Wage Rates" means those rates as determined by the
Director of the Department of Industrial Relations of the State.
"Hazardous Material" means any hazardous or toxic substance, material or
waste which is or becomes regulated by any local governmental authority, the State or the
United States Government, including, without limitation, any material or substance which
is (a) designated as a "hazardous substance" pursuant to Section 311 of the Federal Water
Pollution Control Act, 33 U.S.C. S 1251 et seq. (33 U.S.C. S 1321), (b) defined as a
"hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and
Recovery Act, 42 U.S.C. S 6901 et seq. (42 U.S.C. S 6903), (c) defined as a "hazardous
substance" pursuant to Section 101 of the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, 42 U.S.C. S 9601 et seq.,
(d) petroleum, or (e) asbestos.
"Indenture" means the indenture, trust agreement, resolution, fiscal agent
agreement or similar instrument, regardless of title, pursuant to which bonds, notes or
other evidences of indebtedness of the Community Facilities District have been issued
and are outstanding, as originally executed or as the same may from time to time be
supplemented or amended pursuant to the provisions thereof.
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"Joint Community Facilities Agreement" means this Joint Community
Facilities Agreement, dated as of November I, 2004, by and among the County, the City,
the Authority and the Developer, as originally executed or as the same may be amended
from time to time in accordance with its terms.
"Legislative Body" means the Board of Directors of the Temecula Public
Financing Authority, acting ex officio as the legislative body of the Community Facilities
District.
"Payment Request" means the document to be provided by the Developer to
substantiate the Purchase Price of one or more the County Facilities, which shall be
substantially in the form of Exhibit E attached hereto.
"Plans" mean the plans and specifications for the County Facilities prepared or to
be prepared at the direction of the Developer pursuant to Section 4.1 hereof.
"Proceedings" means those proceedings to be undertaken by the Board of
Directors to consider the formation of the Community Facilities District and the approval
by the Board of Directors and the qualified electors of the Community Facilities District
and of the authorization to levy special taxes therein pursuant to the Rate and Method and
by the Legislative Body to se\1 and issue the Bonds.
"Property" means the real property located within the Community Facilities
District.
"Purchase Price" means, subject to the provisions of Section 3.2 hereof, the
lesser of the Actual Cost or the Acquisition Cost of a County Facility, allowing for the
application of the provisions of Section 3.4 which provides for the modification of the
Acquisition Cost and the provisions of Section 3.5 which specifies the circumstances in
which additional monies may be made available to pay the Purchase Price.
"Rate and Method" means the rate and method of apportionment of special
taxes authorized to be levied within the Community Facilities District pursuant to the
Proceedings.
"State" means the State of California.
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ARTICLE II
CONDITIONS PRECENDENT
Section 2.1. Formation Proceedinl!s. The Developer has submitted to the
Authority a petition requesting that the Proceedings be initiated by the Authority with
regard to the formation of the Community Facilities District for the purpose of financing .
the acquisition or construction of certain public facilities, including the County Facilities,
to authorize the levy of special taxes within the Community Facilities District pursuant to
the Rate and Method and for the Legislative Body to authorize the sale and issuance of
one or more series of Bonds.
Should the formation of the Community Facilities District be approved, the
Legislative Body will use its best efforts to cause to be sold and issued, pursuant to the
terms of the Act and Indenture, the Bonds in one or more series and a portion of the
proceeds of the Bonds are intended to provide funds that will allow the Community
Facilities District to finance a portion of the costs of acquiring the County Facilities.
Should the Board of Directors not be able to approve the formation of the Community
Facilities District and/or the Legislative Body not be able to sell and issue the first series
of the Bonds within two years of the date hereof, the Authority, the City, the County, and
the Developer will not be bound by the terms of this Joint Community Facilities
Agreement and it shall be considered null and void by the parties to it.
The Developer acknowledges that the decision of the Board of Directors to
approve the formation of the Community Facilities District and of the Legislative Body to
authorize the sale and issuance of the Bonds is an exercise of the legislative discretion of
the Board of Directors and Legislative Body, respectively, and that the Authority may not
enter into a contract or obligate either the Board of Directors or the Legislative Body to
exercise its legislative discretion in a particular marmer. This Joint Commwlity Facilities
Agreement does not, therefore, in any way create a contractual, legal or equitable
obligation of or commitment by the Board of Directors to approve the formation of the
Community Facilities District or the Legislative Body to authorize the sale and issuance
ofthe Bonds.
Should the Developer elect to abandon the Proceedings, the Developer shall
provide written notification of such election to the Authority, the City, and the County
prior to the adoption by the Legislative Body of the Resolution authorizing the sale and
issuance of the Bonds.
The Board of Directors and the Legislative Body shaH have the jurisdiction to and
shall be solely responsible for undertaking the Proceedings consistent with the provisions
of the Act, the Indenture and the applicable provisions of the Acquisition Agreement.
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ARTICLE III
ACQUISITION OF COUNTY FACILITIES
Section 3.1. Acquisition of County Facilities. The Developer hereby agrees to
transfer to the County each of the County Facilities and the Community Facilities District
hereby agrees to pay the Purchase Price thereof, subject to the terms and conditions
hereof and the Acquisition Agreement. Acceptable Title to any parcels on which any
County Facility is constructed and for which title is not presently held by the County as
well as the County Facility financed pursuant hereto shall be transferred to the County as
of the Acceptance Date; provided, however, that notwithstanding such transfer, as
provided in Section 4.11 hereof, the Developer shall be solely responsible for the
maintenance of any County Facility until the Acceptance Date of said County Facility.
The Purchase Price of the County Facilities is to be paid solely from the amounts
in the Acquisition Account, and the Community Facilities District shall not be obligated
to pay the Purchase Price of the County Facilities except from the amounts in the
Acquisition Account. Neither the Authority, the Community Facilities District, the
County nor the City make any warranty, either expressed or implied, that the amount in
the Acquisition Account available for the payment of the Purchase Price of the County
Facilities will be sufficient for such purpose.
The date on which the Purchase Price is to be paid by the Community Facilities
District and whether all or any portion of the Purchase Price will be paid to the Developer
are controlled by the terms of the Acquisition Agreement.
Section 3.2. Determination of the Purchase Price. The determination of the
. Purchase Price shall be made consistent with the provisions of this Section 3.2.
In order for the County Engineer to be able to determine the Purchase Price for a
completed County Facility, the Developer shall deliver to the County Engineer:
(a) A Payment Request for said County Facility, together with all attachments
and exhibits to be included therewith, including a "Final Billing Calculation," as
incorporated in Exhibit E with the County inspector having signed off as to all
quantities stated in said form;
(b) A copy of the documents conveying or which previously conveyed to the
County Acceptable Title to the real property on, in or over which such County
Facility is located, as described in Section 3.3 thereof.
(c) A copy of the Notice of Completion for said County Facility that will be
filed in accordance with Section 3093 of the California Civil Code, if applicable.
Final lien releases addressed to the Authority, the Community Facilities District,
the County, and the City must be received by the County Engineer prior to the
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Notwithstanding anything to the contrary contained herein, no payment of the
Purchase Price for any County Facility shall be made unless the County has by written
notice to the Community Facilities District and the City stated that the County is willing
to accept ownership of the County Facility as constructed and to include it as part of its
maintained system as of the Acceptance Date.
Once the County Engineer has been provided with a complete Payment Request
Form for the Purchase Price and all other documents as required by herlhim to determine
the Purchase Price, the County Engineer will sign the Payment Request Form, identifying
the purchase Price and (i) forward said document to the Administrator for payment
consistent with the terms of the Acquisition Agreement and (ii) provide written notice to
the Community Facilities District and the City as provided above.
Section 3.3. Dedication of ProDertv and Easements to County. Acceptable
Title to all property not presently held by the County on, in or over which the County
Facility will be located shall be deeded over to County by way of grant deed, quitclaim, or
dedication of such property, or easement thereon, if such easement is approved by County
as being a sufficient interest therein to permit County to properly own, operate and
maintain such County Facility located therein, thereon or thereover, and to permit the
Developer to perform its obligations as set forth in this Joint Community Facilities
Agreement.
The Developer shall furnish to the County a title report for such property not
previously dedicated or otherwise conveyed to the County for review and approval at
least thirty (30) Business Days prior to the notice required by Section 4.7 hereof. The
County shall approve the title report unless it reveals a matter that, in the sole judgment
of the County, could materially affect the County's use and enjoyment of any part of the
property or easement covered by the title report. In the event the County does not
approve such title report, the County shall notifY the Administrator in writing and the
County shall not be obligated to accept title to said County Facility, and the Community
Facilities District shall not be obligated to pay any portion of the Purchase Price for said
County Facility until the Developer has cured such objections to title to the satisfaction of
the County
Consistent with the proceeding paragraph, the Developer shall obtain and provide,
or cause to be obtained or provided, to the County duly executed irrevocable offer(s) of
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dedication to the public for road and drainage purposes, including ingress and egress, for
rights of way deemed necessary by the County for the construction, inspection, operation
and maintenance of the County Facilities. The irrevocable offer(s) of dedication shall be
in a form approved by the County and shall be executed by all legal and equitable owners
described in the offer.
Section 3.4. Modifications to the Stated ACQuisition Cost. The
Administrator, the County and the Developer may make modifications in the composition
and description of the County Facilities, or in the amount of the Acquisition Cost for the
County Facilities, whenever the Administrator, the City Engineer, the County Engineer
and the Developer deem such modifications to be appropriate; provided, however, that
such County Facility, as so modified, must be fully functioning and capable of being used
for its intended purpose and must be consistent with the description of the County
Facilities in the Proceedings. Any such modification shall be approved and implemented
by the Administrator, with the approval of the City Engineer, on behalf of the Community
Facilities District, the County Engineer, on behalf of the County, and the Developer by
executing a supplement to Exhibit B containing a description of the modified County
Facility and, if applicable, the adjusted Acquisition Cost. Upon the execution of any such
supplement to Exhibit B, the description of the County Facility and, if applicable, the
adjusted Acquisition Cost in Exhibit B shall be deemed to have been modified in
accordance therewith. Any modification made pursuant to this Section shall not be
deemed to be an amendment of this Joint Community Facilities Agreement for purposes
of Section 6.4 hereof. No County Facility may be deleted or added from Exhibit B
pursuant to this Section 3.4. The deletion or addition of a County Facility from Exhibit B
constitutes an amendment to this Joint Community Facilities Agreement and may only be
made pursuant to Section 6.4 hereof.
Section 3.5. Application of Realized Savines. If the Purchase Price
determined by the County Engineer for a completed County Facility is less than the stated
Acquisition Cost on Exhibit B for said County Facility, then the difference is to be
identified as "realized savings" that are available and can be applied to increase the
Purchase Price of another County Facility or another improvement whose acquisition or
construction is authorized to be funded with the proceeds of the Bonds. A request for an
adjustment to the Acquisition Cost as to a specific County Facility pursuant to this
Section 3.5 is to be initiated by the Developer or the City Engineer and an appropriate
supplement to Exhibit B is to be prepared by the initiating party. Any proposed
adjustment to a County Facility's acquisition cost is subject to approval by the City
Engineer, on behalf of the Community Facilities District, the County Engineer on behalf
ofthe County, and the Developer.
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ARTICLE IV
CONSTRUCTION OF THE COUNTY FACILITIES
Section 4.1. Preparation and Approval of Plans. To the extent that the
Developer has not already done so, it shall cause Plans to be prepared for the County
Facilities. The Developer shall obtain the written approval of the Plans from the County
Engineer. The Developer shall provide a copy of all such Plans to the County Engineer
and the City Engineer. Once the Plans have been approved, no changes are to be made
thereto without prior written consent of the County and the City.
Section 4.2. Duty of Developer to Construct. The Developer shall construct
or cause to be constructed the County Facilities in accordance with the Plans approved by
the County Engineer. The Developer shall perform all of its obligations hereunder and
shall conduct all operations with respect to the construction of the County Facilities in a
good, workmanlike and commercially reasonable manner, with the standard of diligence
and care normally employed by duly qualified persons utilizing commercially reasonable
efforts in the performance of comparable work and in accordance with generally accepted
practices appropriate to the activities undertaken. Notwithstanding the foregoing, nothing
set forth in this Joint Community Facilities Agreement shall be construed (i) to require
the Developer to perform any work requiring a contractor's license, nor shall the
Developer be deemed to be performing construction services pursuant to this Joint
Community Facilities Agreement or (ii) require the Developer to cause the Plans to be
prepared for the County Facilities at a specific time or in a manner other than as required
by the approved conditions for the development of the Property.
Section 4.3. Bid and Construction Requirements.
(a) In order to ensure that a County Facility is constructed as if it had been
. constructed under the direction and supervision, or under the authority of, a public
agency, so that they may be acquired pursuant to Section 53313.5 of the Code, the
Developer shall comply with all of the applicable requirements set forth in the Public
Contract Code regarding the notice of bidding and award of a contract for a public works
project by a county.
(b) Prior to awarding the bid for any County Facilities, the Developer shall
submit a bid packet and a signed set of Plans for the County Facility(ies) being bid for
review to the County Engineer. A copy of the bid packet is to be provided to the City
Engineer. The contract for construction of any County Facility is to be awarded to the
responsible bidder submitting the lowest responsive bid after notice inviting sealed bids.
Bids are to be publicly solicited consistent with applicable provisions of the Public
Contract Code dealing with the bidding of public works projects constructed by the
County. Public notice is to be given consistent with the Public Contract Code as to the
date, time and place where bids will be opened. The County Engineer is to be provided
with copies of all bids received and a bid summary in a form similar to Exhibit C hereto
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to assure that the Developer adheres to the applicable legal requirements for public works
projects.
(c) The Developer shall require, and the Plans, bid and contract documents
shall require, all contractors, subcontractors, vendors, equipment operators and owner
operators, in each such case to the extent such individuals or entities are engaged to
perform work on a County Facility, to pay not less than General Prevailing Wage Rates to
all workers employed in the execution of the contract, as required by the Labor Code, to
post a copy of the General Prevailing Wage Rates at the job-site in a conspicuous place
available to all employees and applicants for employment, and to otherwise comply with
applicable provisions of the California Labor Code, the Code and the California Public
Contract Code relating to General Prevailing Wage Rates as required by the specifications
approved by the County Engineer. The County has provided the Developer with copies
of tables setting forth the General Prevailing Wage Rates, and the Developer hereby
acknowledges receipt thereof.
(d) The Developer shall require each. principal contractor to provide proof of
insurance coverage to the County satisfYing the requirements of Section 4.12 hereof
throughout the term of the construction of the County Facilities. Rather than requiring its
principal contractors to provide such insurance, the Developer may elect to provide the
same for the benefit of its principal contractors.
(e) Each principal contractor engaged to perform work on the County
Facilities shall be required to furnish (i) labor and material payment bonds, and (ii)
contract performance bonds, each in an amount equal to 100% of the contract price
naming the Developer, the Community Facilities District, the County, the Authority, and
the City as obligees and issued by a California admitted surety having a current A.M. Best.
A:Vm (A:8) rating or an admitted surety insurer which complies with the provisions of
Section 995.660 of the California Code of Civil Procedure. All such bonds shall be in a
form as shown in Exhibit D. The bonds tendered pursuant to this sub-section are to be
accepted and held by the City Engineer. Rather than requiring its contractors to provide
such bonds, the Developer may elect to provide the same for the benefit of its principal
contractors.
(f) The Developer shall comply, and shall cause each contractor,
subcontractor, vendor, equipment operator and owner operator, in each such case to the
extent such individual or entity is engaged to perform work on the County Facilities, to
comply, with such other requirements relating to the construction of the County Facilities
as the County may impose by written notification delivered to the Developer, to the
extent legally required as a result of changes in applicable federal, State or County laws,
rules or procedures.
(g) The Developer shall require, and the Plans and bid and contract documents
shall require, all contractors, subcontractors, vendors, equipment operators and owner
operators, in each such case to the extent such individuals or entities are engaged to
perform work on the County Facilities, to submit certified weekly payroll records or other
proof of payment of General Prevailing Wage Rates to the Developer and to furnish
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certified payroll records or such other proof of payment of General Prevailing Wage
Rates to the County Engineer and City Engineer promptly upon request.
(h) AI1 change orders shal1 be reviewed and approved by the County Engineer
for the purpose of ensuring that they comply with County standards and for the work
represented by the change order to be eligible for consideration in determining the
Purchase Price. If necessary, the provisions of Section 3.4 and 3.5 hereof may be utilized
to accommodate the construction costs associated with an approved change order.
(i) The Developer shal1 provide proof to the City Engineer and the County
Engineer, at such intervals and in such form as the City Engineer or the County Engineer
may require, that the foregoing requirements have been satisfied as to all of the County
Facilities.
G) The Developer has deposited with the County $50,000 to cover the
anticipated costs, deemed necessary and reasonable, associated with the review and
approval of the Plans, the review and approval of right of way and conveyance documents
and with the processing and administration of this Joint Community Facilities Agreement.
The Developer, within thirty (30) days after receipt of an additional billing for such
costs, will forward the billed amount to the County.
(k) At the time the Developer submits a "Notice of Intent" to commence
construction as set forth in Section 4.7 below, the Developer shal1 deposit with County
the estimated cost of providing construction inspection for the County Facilities, in an
amount as determined and approved by County in accordance with Ordinance Nos. 671
and 749, including any amendments thereto, of the County, based upon the bonded value
of County Facilities to be inspected, operated and maintained by County.
Section 4.4. Licenses, and Rel!ulatorv Permits. The Developer shall secure
all necessary licenses, agreements, permits, rights of entry and temporary construction
easements (collectively "Licenses") that may be needed for the construction, inspection,
operation and maintenance of the County Facilities. The Developer is to secure all
permits approvals or agreements, if any, required by the various Federal and State
resource and/or regulatory agencies (collectively, the "Regulatory Permits") for the
construction, operation and maintenance of the County Facilities. The Regulatory
Permits include, but are not limited to, those permits issued by the U.S. Army Corps of
Engineers, the State Water Resources Control Board ("SWRCB"), California State
Department of Fish and Game and the Regional Water Quality Control Board. All
Licenses and Regulatory Permits secured by the Developer shall be reviewed by the
County Engineer prior to execution or acceptance by the Developer to determine whether
the conditions they specify are satisfactory to the County to al10w it to operate and
maintain the County Facilities.
Section 4.5. NPDES Compliance. The Developer shal1 prepare and
implement, or cause to be prepared and implemented, a Stormwater Pollution Prevention
Plan (SWPPP) in accordance with the requirement of the State's National Pol1utant
Discharge Elimination System (NPDES) General Permit for Stormwater Discharges
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Associated with Construction Activity (SWRCB Order No. 99-08 DWQ) and any
amendments thereto (the "General Permit"). The General Permit regulates both
stormwater and non-stormwater discharges associated with construction activities
required by this Joint Community Facilities Agreement.
The SWPPP shall identify site specific "Best Management Practices" ("BMP's") to
be implemented during and after construction to control pollution of Stormwater runoff
and receiving waters. The identified BMP's shall include, but not be limited to, "good
housekeeping" practices for the Construction Site such as establishing stabilized
construction access points, providing adequate sanitary/septic waste management,
designating vehicle and equipment cleaning/maintenance areas, employing proper
material handling and storage practices, maintaining adequate soil stabilization and
erosion control practices to control the discharge of pollutants from the Construction Site
and any activities thereon. The SWPPP shall also stipulate to an ongoing program for
monitoring and maintenance of all BMP's.
The Developer shall be solely responsible throughout the duration of constructing
the County Facilities for placing, installing, constructing, inspecting and maintaining all
BMP's identified in the SWPPP and amendments thereto and for removing and disposing
of temporary BMP's.
The Developer shall become fully informed of and comply with the applicable
provisions of the General Permit, Federal, State and local regulations that govern the
Developer's activities and operation pertaining to both stormwater and non-stormwater
discharges from the Construction Site of the County Facilities and any area of disturbance
outside said Construction Site relating to the County Facilities. The Developer shall, at
all times, keep copies of the General Permit, approved SWPPP and all amendments at the.
Construction Site. The SWPPP shall be made available upon request of a representative
of the SWRCB, San Diego Regional Water Quality Control Board, or the United States
Environmental Protection Agency. The Developer shall, at reasonable times, allow
authorized agents of the above sited agencies, upon the presentation of credentials to: (i)
enter upon the Construction Site; (ii) have access to and copy any records required to be
kept as specified in the General Permit, (iii) inspect the Construction Site and determine
whether related soil stabilization and sediment control BMP's have been implemented and
maintained, and (iv) sample or monitor stormwater or non-stormwater runoff for purposes
of ensuring compliance with the General Permit.
The Developer shall be solely and exclusively responsible for any arrangements
made between it and other property owners or entities that result in disturbance of land at
the Construction Site.
The Developer shall be responsible for all costs and for any liability imposed by
law as a result of the its failure to comply with the requirements. set forth in this Section,
including but not limited to, compliance with the applicable provisions. of the General
Permit and Federal, State and local regulations. For the purpose of this Section, costs and
liabilities include, but are not limited to, fines, penalties and damages whether assessed
against the County, the City, the Authority, the Community Facilities District or the
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Developer, including those levied under the Federal Clean Water Act and the State's
Porter-Cologne Water Quality Act.
Section 4.6. CaI/OSHA. Confined Space Entrv. At all times during the
construction of the County Facilities, the Developer shall require all contractors to
comply with all CaVOSHA safety regulations including regulations concerning confined
space and maintenance of a safe working environment for the County, the City, the
Authority and their respective employees on the site. This will include the preparation of
a confined space procedure specific for all storm drain facilities. The procedure shall
comply with requirements contained in Sections 5157 and 5158 of Title 8 of the
California Code of Regulations. The confined space procedure is to be reviewed and
approved by the County Engineer before proceeding with construction of the County
Facilities.
Section 4.7. Notice of Intent to Commence Construction. Not less than
twenty (20) Business Days prior to the date on which it intends to commence construction
on a County Facility, the Developer is to provide written "Notice of Intent" to the County
Engineer. Construction on the County Facility may not proceed until the County
Engineer issues a "Notice to Proceed" to the Developer, with a copy to the City Engineer.
The "Notice of Intent" is to include the following documents:
(a) Copies of all Licenses and Regulatory Permits secured pursuant to
Sections 4.4 and 4.5, above, including a copy of the Notice of Intent ("NOI") and
waste discharge identification number ("WDID No.") received from the SWRCB
pursuant to Section 4.5, above.
(b) Copies of the bonds required by Section 4.3( e), above.
(c) Construction Inspection Deposit requinbd by Section 4.3(k), above.
(d) Duly executed irrevocable offer(s) of dedication to the public for road and
drainage purposes, including ingress and egress, for the rights of way deemed
necessary by the County for the construction, inspection, operation and
maintenance of the County Facilities.
(e) Preliminary reports of title dated not more than thirty (30) days prior to
date of submission for all property described in the irrevocable offer(s) of
dedication.
(f) A complete list of all contractors and subcontractors to be performing
work on the County Facilities, including the corresponding license number and
license classification of each. On said list, the Developer shall also identify its
designated superintendent for construction of the County Facilities.
(g) A construction schedule which shall show the order and dates in which the
Developer and the Developer's contractor proposes to carry on the various parts of
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work, including estimated start and completion dates. As the construction
progresses the Developer shall update said construction schedule upon request.
(h) The final mylar plan and profile sheets for the County Facilities and assign
their ownership to the County prior to the start of construction of each County
Facility.
(i) Certificates of insurance and endorsements as required by Section 4.13.,
below.
(j) The confined space procedure as required by Section 4.6, above.
Section 4.8. Bondin!! ReQuirements. The Developer shall post such
subdivision bonds as are required by the City in connection with the recording of all
subdivision maps for the Property. The Developer's obligations pursuant to this Section
will be considered satisfied, in part, through the contract performance bonds to be
provided by the Developer's contractors pursuant to Section 4.3(e) hereof.
Section 4.9. Additional Conditions to be Satisfied durin!! Construction.
(a) Construction of the County Facilities shall be on a five (5) day, forty (40)
hour workweek with no work on Saturday, Sundays or days designated by the County as
legal holidays, unless otherwise approved by the County. If the Developer feels it is
necessary to work more than normal forty (40) hour workweek or on holidays, the
Developer shall make a written request for permission from the County to work the
additional hours (with a copy to the City Engineer). The request shall be submitted to the
County at least 72 hours prior to the request date for additional work hours and state the
reasons for the overtime and the specific time frames required. The decision granting
permission for overtime work shall be made by the County at its sole discretion and shall
be final. If permission is granted, the Developer will be charged the cost incurred at the
overtime rates for additional inspection time required in connection with the overtime
work in accordance with Ordinances Nos. 671 and 749 of the County, including any
amendments thereto.
Section 4.10. Inspection: Completion of Construction. The County Engineer
shall have primary responsibility for providing inspection of the work of construction of
the County Facilities to ensure that the work of construction is accomplished in
. accordance with the Plans approved by the County, unless the Developer has made the
election allowed by Section 4.7(c) above. County staff shall have access to the
Construction Site at all reasonable times for the purpose of accomplishing such
inspection.
The Developer is to provide the County with written notice that it considers
construction of a County Facility to have been completed consistent with the Plans and,
upon receipt of said notice, County's staff will provide written confirmation that
construction of the County Facility is complete consistent with the approved Plans and
the provisions of this Joint Community Facilities Agreement, which would include a
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verification by the County's inspector as to the quantities used. Upon receipt of both
written notices, the County Engineer will in a timely manner notifY the City Engineer, the
Developer and the Administrator that the County Facility has been satisfactorily
completed and that the Developer is to proceed with the recording of a Notice of
Completion with respect to such construction pursuant to Section 3093 of the California
Civil Code. The Developer is to provide a duplicate copy of the recorded Notice of
Completion to the City Engineer, the Administrator and the County. Within a reasonable
time following receipt of the duplicate copy of the recorded Notice of Completion and the
Developer's compliance with other provisions of Section 3.2 hereof, the County will issue
the written notice required by said Section 3.2 that it will accept the County Facility into
its maintained system.
Section 4.11. Maintenance of Facilities; Warranties. The Developer shall
maintain the County Facilities in good and safe condition until the Acceptance Date of
the County Facilities. Prior to the Acceptance Date, the Developer shall be responsible
for maintaining the County Facilities in proper operating condition, and shall perfonn
such maintenance on the County Facilities as the County Engineerreasonably detennines
to be necessary. As of the Acceptance Date, the perfonnance bond provided by the
Developer for the County Facilities pursuant to Section 4.3(e) hereof shall be reduced to
an amount equal to 10% of the original amount thereof and shall serve as a warranty bond .
to guarantee that the County Facilities will be free from defects due to faulty
workmanship or materials for a period of 12 months from the Acceptance Date, or the
Developer may elect to provide a new warranty bond or cash in such an amount As of
the Acceptance Date, the Developer shall assign to County all of the Developer's rights in
any warranties, guarantees, maintenance obligations or other evidence of contingent
obligations ofthird persons with respect to the County Facilities.
Section 4.12. Maintenance DeDosits bv the DeveloDer for Enerl!izinl! Street
Lil!hts and Maintenance of Retention Wall.
(a) Street Lights. Plans that have been submitted to the County
indicate that there are 20 street lights that are to be constructed within the right-of-
way for the County Facilities. The County in its routine maintenance of street and
drainage facilities does not have funds to energize street lights. Consequently, as
a condition of acceptance of the initial segment of a County Facility in which a
street light has been installed within the County's right-of-way, the Developer is
to deposit with the County the sum of $240,638.25 to be placed in a trust account
to be held in the County Treasury. This amount has been detennined by the
County to energize the 20 street lights for a period of 30 years.. If at any point
after the deposit of said monies, the County Facilities in which the 20 street lights
are located are annexed into the City, City Service Area, or other public agency
that will assume responsibility for energizing the street lights, the County will
provide the Developer with a full accounting of all monies expended and return
the unused balance to the Developer, including any interest earned.. All interest
earned by the trust account will be retained in the trust account and applied to
energizing said street lights.
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(b) Retention Wall. The Plans for Segment 8 that have been submitted
to the County indicate that there is a retention wall to be constructed in the
County's right-of-way that will measure approximately 360 feet in length and
varies in height from approximately 2 feet to 25 feet. The County in its routine
maintenance of street and drainage facilities does not have funds to maintain such
a wall. Consequently, as a condition of acceptance of Segment 8 and said
retention wall, the Developer is to deposit with the County the sum of
$314,298.85 to be placed in a trust account to be held in the County Treasury.
This amount has been determined by the County to remove any graffiti and repair
the wall for a period of 30 years. If at any point after the deposit of said monies,
the Segment 8 is annexed into the City, a city service area providing such services,
or other public agency that will assume responsibility for the removal of graffiti
and the repair of said retention wall, the County will provide the Developer with a
full accounting of all monies expended and return the unused balance to the
Developer, including any interest earned. All interest earned by the trust account
will be retained in the trust account and applied to maintaining the retention wall.
Section 4.13. Insurance Requirements. Without limiting or diminishing the
Developer's obligation to indemnify or hold the County, the City, the Community
Facilities District and the Authority hannless pursuant to Section 5.5 hereof, the
Developer shall procure and maintain or cause to be maintained, at its sole cost and
expense the following insurance coverages, or alternate coverages acceptable to the
County's Risk Manager, during the term of this Joint Community Facilities Agreement:
(a) Commercial General Liability: Commercial General Liability
insurance overage, including but not limited to, premises liability, contractual
liability, products and completed operations, explosion, collapse, use of cranes,
and other heavy equipment and underground hazards, personal and advertising
injury covering claims which may arise from or out of the Developer's
performance of its obligations hereunder. Policy shall name by endorsement the
County, the City, the Community Facilities District, the Authority, their respective
directors, officers, Board of Supervisors, City Council, Board of Directors,
Legislative Body, elected officials, employees, agents or representatives as
"Additional Insureds." Policy's limit of liability shall not be less than $2,000,000
per occurrence combined single limit. If such insurance contains a general
aggregate limit, it shall apply separately to this Joint Community Facilities
Agreement or be no less than two (2) times the occurrence limit.
(b) Vehicle Liability: The Developer shall maintain liability insurance
for all owned, non-owned or hired vehicles in an arnount not less than $1,000,000
per occurrence combined single limit. If such insurance contains a general
aggregate limit, it shall apply separately to this Joint Community Facilities
Agreement or be no less than two (2) times the occurrence limit. Policyshall
name by endorsement the County, the City, the Community Facilities District, the
Authority, their respective directors, officers, Board of Supervisors, City Council,
Board of Directors, Legislative Body, elected officials, employees, agents or
representatives as "Additional Insureds."
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(c) Worker's Compensation Insurance: The Developer shall maintain
Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the
State of California. Policy shall include Employers' Liability (Coverage B)
including Occupation Disease with limits not less than $1,000,000 per person per
accident. Policy shall be endorsed to waive subrogation in favor of the County,
the City, the Community Facilities District, the Authority; and if applicable, to
provide a Borrowed Servant! Alternate Employer Endorsement.
General Insurance Provisious - all lines:
(i) Any insurance carrier providing insurance coverage hereunder
shall be admitted to the State of California and have an A.M. Best rating of not less than
an A:Vm (A:8) unless such requirements are waived, in writing, by the County's Risk
Manager.
(ii) The Developer's insurance carriere s) must declare its insurance
deductibles or self-insured retentions. If such deductibles or self-insured retentions
exceed $500,000 per occurrence such deductibles and/or retentions shall have the prior
written consent of the County's Risk Manager before the commencement of operations
under this Joint Community Facilities Agreement. Upon notification of deductibles or
self-insured retentions which are deemed unacceptable to the County, at the election of
the County's Risk Manager, the Developer's carriers shall either: (i) reduce or eliminate
such deductibles or self-insured retentions as respects this Agreement with the County, or
(ii) procure a bond which guarantees payment of losses and related investigations, claims
administration, defense costs and expenses.
(iii) The Developer shall cause its insurance carrier(s) to furnish the
County and the City with (i) a properly executed original certificate(s) of insurance and
certified original copies of endorsements effecting coverage as required herein; or (ii)
evidence of coverage acceptable to the County's Risk Manager that may include original
certified copies of policies including all endorsements and all attachments thereto,
showing such insurance is in full force and effect.
(iv) Further, said certificate(s) and endorsements to policies of
insurance shall contain the covenant of the insurance carrier( s) that it shall provide no less
than sixty (60) days written notice be given to the County, the Community Facilities
District, the City and the Authority prior to any material modification or cancellation of
such insurance. In the event of a material modification or cancellation of coverage, this
Joint Community Facilities Agreement shall terminate forthwith, unless the County, the
Community Facilities District, the City and the Authority receives, prior to such effective
date of said material modification or cancellation, another properly executed original
certificate of insurance and original copies of endorsements or certified original policies,
including all endorsements and attachments thereto evidencing coverages and the
insurance required herein is in full force and effect. Individual( s) authorized by the
insurance carrier to do so on its behalf shall sign the original endorsements for each
policy and the certificate of insurance. .
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(v) The Developer shall not commence construction of the
County Facilities until the County and the City have been furnished either original
certificate(s) of insurance and certified original copies of endorsement, policies of
insurance including all endorsements and any and all other attachments as required in
this Section, or other evidence of coverage acceptable to County's Risk Manager.
(vi) It is understood and agreed by the parties hereto and the
Developer's insurance company(s) that the certificate(s) of insurance and policies shall so
covenant and shall be construed as primary insurance, and the County's insurance and/or
deductibles and/or self-insured retentions or self-insured programs shall not be construed
as contributory.
(vii) The Developer may pass down to its principal contractors the
insurance obligations contained herein and will require it principal contractors to name on
their insurance policies by endorsement the County, the City, the Community Facilities
District, the Authority, their respective directors, officers, Board of Supervisors, City
Council, Board of Directors, Legislative Body, elected officials, employees, agents or
representatives as "Additional Insureds." Copies of such certificates and endorsements
shall be provided to the County and the City.
Section 4.14. Ownership of Facilities. Notwithstanding the fact that some or all
of the County Facilities may be constructed in dedicated street rights of way or on
property which is owned by or has been or will be dedicated to the County, a County
Facility shall be and remain the property of the Developer until Acceptable Title to
parcels not owned by the County with respect to such County Facility is conveyed to the
County as provided herein. Ownership of said parcels by the Developer or other third
parties shall likewise not be affected by any agreement that the Developer may have
entered into or may enter into with the City pursuant to the provisions of the Subdivision
. Map Act, Section 66410 et seq. of the Code, and the provisions of this Section shall
control.
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ARTICLE V
REPRESENTATIONS, WARRANTIES AND COVENANTS;
INDEMNIFICATION
Section 5.1. Representations, Warranties and Covenants of the Developer.
The Developer makes the following representations, warranties and covenants for the.
benefit of the County, the City and the Authority, as of the date hereof:
(a) Organization. The Developer represents and warrants that it is a
limited liability company duly organized and validly existing under the laws of the .
State, is in good standing under the laws of the State, and has the power and
authority to own its properties and assets and to carry on its business as now being
conducted and as now contemplated.
(b) Authority.. The Developer represents and warrants that it has the
power and authority to enter into this Joint Community Facilities Agreement, and
has taken all action necessary to cause this Joint Community Facilities Agreement
to be executed and delivered, and this Joint Community Facilities Agreement has
been duly and validly executed and delivered on behalf of the Developer.
(c) Binding Obligation. The Developer represents and warrants that
this Joint Community Facilities Agreement is a valid and binding obligation of the
Developer and is enforceable against the Developer in accordance with its terms,
subject to bankruptcy, insolvency, reorganization or other similar laws affecting
the enforcement of creditors' rights in general and by general equity principles.
(d) Completion of County Facilities. The Developer covenants that it
will use its reasonable and diligent efforts to do all things that may be lawfully
required of it in order to cause the County Facilities to be completed in
accordance with this Joint Community Facilities Agreement.
(e) Compliance with Laws. The Developer covenants that, while the
County Facilities are owned by the Developer or required pursuant to this Joint
Community Facilities Agreement to be maintained by the Developer, it will not
commit, suffer or permit any of its agents, employees or contractors to commit
any act to be done in, upon or to the County Facilities in violation in any material
respect of any law, ordinance, rule, regulation or order of any governmental
authority or any covenant, condition or restriction now or hereafter affecting the
County Facilities.
(f) Pavrnent Reauests. The Developer represents and warrants that (i)
it will not request payment from the Community Facilities District under this Joint
Community Facilities Agreement for the acquisition of any improvements that are
not part of a County Facility, and (ii) it will diligently follow all procedures set
forth in this Joint Cornmunity Facilities Agreement.
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(g) Financial Records. Until the final Acceptance Date of all County
Facilities, the Developer covenants to maintain proper books of record and
account for the County Facilities and all costs related thereto. The Developer
covenants that such accounting books wiII be maintained in accordance with
generally accepted accounting principles, and will be available for inspection by
the Community Facilities District, the County, the City and the Authority, and
their respective agents, at any reasonable time during regular business hours on
two (2) Business Days' prior written notice, subject to mutually acceptable
arrangements regarding the confidentiality of proprietary data.
(h) Hazardous Materials. The Developer represents and warrants that
neither the Developer, nor any subcontractor, agent or employee thereof will use,
generate, manufacture, procure, store, release, discharge or dispose of any
Hazardous Material on, under or about the Construction Site or the County
Facilities or transport any Hazardous Material to or from the Construction Site or
the County Facilities in violation of any federal, state or local law, ordinance,
regulation, rule, decision or policy statement regulating Hazardous Material.
(i) Permits. The Developer covenants that it will pursue in a
commercially reasonable manner all govemmental or other permits or licenses
required to proceed with the construction of the County Facilities and that it will
pay all fees relating thereto. The Developer represents and warrants that to the
best of the Developer's knowledge, as of the date hereof, there is no material legal
impediment to the Developer's proceeding with and completing the construction
of the County Facilities or to the development of the Construction Site as
contemplated by the Developer, except for govemment or other permits to be
obtained.
(j) Environmental Matters. The Developer represents and warrants
that to its present actual knowledge all govemmental agencies have complied with
CEQA as required for the construction of the County Facilities and their
conveyance to the County.
Section 5.2. Representations, Warranties and Covenants of the Authoritv.
The Authority makes the following representations, warranties and covenants for the
benefit of the County, the City and the Developer:
(a) Authoritv. The Authority represents and warrants that the
Authority has the power and authority to enter into this Joint Community
Facilities Agreement, and has taken all actions necessary to cause this Joint
Community Facilities Agreement to be executed and delivered, and this Joint
Community Facilities Agreement has been duly and validly executed and
delivered on behalf of the Authority.
(b) Binding Obligation. The Authority represents and warrants that
this Joint Community Facilities Agreement is a valid and binding obligation of the
Authority and is enforceable against the Authority in accordance with its terms,
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subject to bankruptcy, insolvency, reorganization or other similar laws affecting
the enforcement of creditors' rights in general and by general equity principles.
(c) . Payment Requests. The Authority represents and warrants that
Authority will follow all procedures applicable to it set forth in this Joint
Community Facilities Agreement.
(d) Financial Records. Until the final Acceptance Date, the Authority
covenants to maintain, or cause to be maintained, books of record and account for
the Special Taxes and the Bonds in accordance with the requirements of the Code.
The Authority covenants that such accounting books will be maintained in
accordance with generally accepted accounting principles applicable to
governmental entities, and will be available for inspection by the Developer and
its agents at any reasonable time during regular business hours on two Business
Days prior written notice.
Section 5.3. Representations. Warranties and Covenants of the County.
The County makes the following representations, warranties and covenants for the benefit
of the Authority, the City and the Developer:
(a) Authority. The County represents and warrants that the County has
the power and authority to enter into this Joint Community Facilities Agreement,
and has taken all action necessary to cause this Joint Community Facilities
Agreement to be executed and delivered, and this Joint Community Facilities
Agreement has been duly and validly executed and delivered on behalf of County.
(b) Binding Obligation. The County represents and warrants that this
Joint Community Facilities Agreement is a valid and binding obligation of the
County and is enforceable against the County in accordance with its terms, subject
to bankruptcy, insolvency, reorganization or other similar laws affecting the
enforcement of creditors' rights in general and by general equity principles.
(c) Comoletion of County Facilities. The County covenants that it will
use its reasonable and diligent efforts to take expeditiously all actions that may be
lawfully required of it in issuing permits, processing and approving Plans and
inspecting the County Facilities. in accordance with this Joint Community
Facilities Agreement.
(d) Payment Requests.
County will follow all procedures
Community Facilities Agreement.
The County represents and warrants that
applicable to it set forth in this Joint
Section 5.4. Representations, Warranties and Covenants of City. The City
makes the following representations, warranties and covenants for the benefit of the
Authority, the County and the Developer:
(a) Authority. City represents and warrants that City has the power
and authority to enter into this Joint Community Facilities Agreement, and has
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taken all action necessary to cause this Joint Community Facilities Agreement to
be executed and delivered, and this Joint Community Facilities Agreement ha~
been duly and validly executed and delivered on behalf of City.
(b) Binding Obligation. City represents and warrants that this Joint
Community Facilities Agreement is a valid and binding obligation of City and is
enforceable against City in accordance with its terms, subject to bankruptcy,
insolvency, reorganization or other similar laws affecting the enforcement of
creditors' rights in general and by general equity principles.
(c) Completion of Countv Facilities. The City covenants that it will
use its reasonable and diligent efforts to take expeditiously all actions that may be
lawfully required of it in issuing permits and processing and approving Plans in
accordance with this Joint Community Facilities Agreement.
(d) CEOA Compliance. On November 26, 2002, the City Council of
the City adopted Resolution No. 02-111 entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA,
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT
PREPARED FOR THE RORIPAUGH RANCH SPECIFIC PLAN AND
RELATED PLANNlNG APPLICATIONS ACTIONS AND ADOPTING THE
ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, AND THE STATE CEQA
GUIDELINES, A MITIGATION MONITORING AND REPORTING
PROGRAM AND A STATEMENT OF OVERRIDING CONSIDERATIONS IN
CONNECTIOIN THEREWITH FOR THE RORIPAUGH RANCH SPECIFIC
PLAN, LOCATED NEAR THE FUTURE INTERSECTION OF BUTTERFIELD
STAGE ROAD AND NICOLAS ROAD. (PLANNING APPLICATION 94-
0076)." The Notice of Determination for the Roripaugh Ranch Final EIR
approved by Resolution No. 02-111 was posted in the Riverside County Clerk's
Office on November 27, 2002 as required by law. All of the public improvements
which are to be funded by Temecula Public Financing Authority Community
Facilities District No. 03-02 (Roripaugh Ranch), including, without limitation, the
public improvements identified in this Agreement, were described, evaluated, and
studied as part of the Roripaugh Ranch EIR and Council Resolution No. 02-111.
Additionally, on August 24, 2004, the Board of Directors of the Temecula Public
Financing Authority adopted Resolution No. TPFA 04-08 entitled "A
RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO
ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE
THE LEVY OF SPECIAL TAXES THEREIN - RORIPAUGH RANCH 03-02,"
which was subsequently amended by Resolution No. TPFA 04-10 adopted on
September 28,2004. Section 14 of Resolution No. TPFA 04-08, as amended, the
Board found that: "no significant changes have occurred with respect to the
project or the environment which require further study or which render invalid the
conclusions and findings of the Roripaugh Ranch EIR. No facts exist upon which
any findings pursuant to Sections 15162, 15163, 15165 of the State CEQA
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Guidelines could be based to require the preparation of a subsequent EIR,
Supplemental EIR or addendum to an EIR."
Section 5.5. The Developer Indemnification. The Developer agrees to
protect, indemnify, defend and hold the Authority, the Community Facilities District, the
County, the City, and their respective directors, officers, Board of Supervisors, Board of
Directors, City Council, Legislative Body, elected officials, employees, representatives
and agents (the "Indemnified Parties"), and each of them, hannless from and against any
and all claims, losses, expenses, suits, actions, decrees, judgments, awards, reasonable
attorney's fees, and court costs which the Indemnified Parties, or any combination
thereof, may suffer or which may be sought against or recovered or obtained from the
Indemnified Parties, or any combination thereof, as a result of or by reason of or arising
out of or in consequence of (a) the approval of this Joint Community Facilities
Agreement, (b) the acquisition, construction, or installation' of the County Facilities, (c)
for the design, construction, or failure of the County Facilities, (d) the untruth or
inaccuracy of any representation or warranty made by the Developer in this Joint
Community Facilities Agreement or in any certifications delivered by the Developer
hereunder, or (e) any act or omission of the Developer or any of. its contractors,
subcontractors, or their respective officers, employees or agents, in connection with the
County Facilities. If the Developer fails to do so, the Indemnified Parties, or each of
them, shall have the right, but not the obligation, to defend the same and charge all of the
direct or incidental costs of such defense, including reasonable attorneys' fees or court
costs, to and recover the same from the Developer.
No indemnification is required to be paid by the Developer for any claims, losses,
expenses, suits actions, decrees, judgments, awards, reasonable attorney fees, and court
costs (a) arising directly from the willful misconduct or sole and active negligence of the
Indemnified Parties or (b) arising from the use or operation of a County Facility after the
Acceptance Date of the County Facility, unless such claim, loss or expense results from
the defective or improper design, construction or installation of such County Facility by
the Developer of its agents.
The provisions of this Section shall survive the termination of this Joint
Community Facilities Agreement.
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ARTICLE VI
MISCELLANEOUS
Section 6.1. The Developer as Independent Contractor. In perfonning under
this Joint Community Facilities Agreement, it is understood that the Developer is acting .
as an independent contractor, and not as an agent of the Authority, the Community
Facilities District, the County or the City. Neither the Authority, the County nor the City .
shan have any responsibility for payment to any contractor, subcontractor or supplier of
the Developer. The Community Facilities District shall not have any responsibility for
payment to any contractor, subcontractor or supplier of the Developer unless such entity
or individual is specificany listed as a payee on the Payment Request submitted by the
Developer pursuant to this Joint Community Facilities Agreement in which case the
Community Facilities District shall be responsible for making such payment only if such
Payment Request is approved pursuant to the provisions of this Joint Community
Facilities Agreement and only from funds available in the hnprovement Fund.
Section 6.2. Other Al!reements. Nothing contained herein. shan be construed
as affecting the County, the City or the Developer's respective duty to perfonn their
respective obligations under other agreements, land use regulations or subdivision
requirements relating to the development of the Property, which obligations are and shall
remain independent of the Developer's rights and obligations lll1d the County and the
City's rights and obligations under this Joint Community Facilities Agreement; provided,
however, that the Developer shan use its reasonable and diligent efforts to perfonn each
and every covenant to be perfonned by it under any lien or encumbrance, instrument,
declaration, covenant, condition, restriction, license, order, or other agreement, the
nonperfonnance of which could reasonably be expected to materially and adversely affect
the acquisition, construction and installation of the County Facilities.
Section 6.3. Bindinl! on Successors and Assil!ns. Neither this Joint
Community Facilities Agreement nor the duties and obligations of the Developer
hereunder may be assigned to any person or legal entity other than an affiliate of the
Developer without the written consent of the Authority, the Community Facilities
District, the County and the City, which consent shall not be unreasonably withheld or
delayed. Neither this Joint Community Facilities Agreement nor the duties and
obligations of Authority, the County, the City or the Community Facilities District
hereunder may be assigned to any person or legal entity, without the written consent of
the Developer, which consent shan not be unreasonably withheld or delayed. The
agreements and covenants included herein shall be binding on and inure to the benefit of
any partners, pennitted assigns, and successors-in-interest of the parties hereto.
Section 6.4. Amendments. This Joint Community Facilities Agreement can
only be amended by an instrument in writing executed and delivered by the Authority, the
County, the City and the Developer. Notwithstanding the foregoing, Exhibit B may be
supplemented consistent with Section 3.4 and 3.5 above.
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Section 6.5. Waivers. No waiver of, or consent with respect to, any provision
of this Joint Community Facilities Agreement by a party hereto shaH in any event be
effective unless the same shaH be in writing and signed by such party, and then such
waiver or consent shall be effective only in the specific instance and for the specific
purpose for which it was given.
Section 6.6. No Third Party Beneficiaries. Other than the Community
Facilities District when formed, no person or entity shall be deemed to be a third party
beneficiary hereof, and nothing in this Joint Community Facilities Agreement (either
expressed or implied) is intended to confer upon any person or entity, other than the
Authority, the Community Facilities District, the County, the City and the Developer (and
its respective successors and assigns), any rights, remedies, obligations or liabilities under
or by reason of this Joint Community Facilities Agreement.
Section 6.7. Notices. Any written notice, statement, demand, consent,
approval, authorization, offer, designation, request or other communication to be given
hereunder shaH be given to the party entitled thereto at its address set forth below, or at
such other address as such party may provide to the other party in writing from time to
time, namely:
County: Director of Transportation
County of Riverside
4080 Lemon Street, 8th Floor
Riverside, California 92501
Telephone: (951) 955-6740
Fax: (951) 955-3198
City: Director of Public Works
City of Temecula
43200 Business Park Drive
Temecula, California 92590
Telephone: (951) 694-6411
Fax: (951) 694-6475
Authority: Temecula Public Financing Authority
Treasurer
43200 Business Park Drive
Temecula, California 92590
Telephone: (951) 694-6430
Fax: (951) 694-6479
Developer: Richard K. Ashby
Ashby USA, LLC
407 East Harrison Street
Corona, California 92879
Telephone: (951) 898-1692
Fax: (951) 898-1693
CFD No. 03-02 (Roripaugh Ranch) - JCF A
County Facilities - Execution Copy 29
. Each such notice, statement, demand, consent, approval, authorization, offer,
designation, request or other communication hereunder shall be deemed delivered to the
party to whom it is addressed (a) if personally served or delivered, upon delivery, (b) if
given by electronic communication, whether by telex, telegram or telecopier, upon the
sender's receipt of a document confirming satisfactory transmission, (c) if given by
registered or certified mail, return receipt requested, deposited with the United States mail
postage prepaid, 72 hours after such notice is deposited with the United States mail, (d) if
given by overnight courier, with courier charges prepaid, 24 hours after delivery to said
overnight courier, or (e) if given by any other means, upon delivery at the address
specified in this Section.
Section 6.8. Jurisdiction and Venue. Each of the Authority, the Community
Facilities District, the County, the City and the Developer (a) agrees that any suit action
or other legal proceeding arising out of or relating to this Joint Community Facilities
Agreement shall be brought in state or local court in the County of Riverside or in the
Courts of the United States of America in the district in which said County is located, (b)
consents to the jurisdiction of each such court in any suit, action or proceeding, and (c)
waives any objection that it may have to the laying of venue or any suit, action or
proceeding in any of such courts and any claim that any such suit, action or proceeding
has been brought in an inconvenient forum. Each of the Authority, the Community
Facilities District, the County, the City and the Developer agrees that a final and non-
appealable judgment in any such action or proceeding shall be conclusive and may be
enforced in other jurisdictions by suit on the judgment or in any other manner provided by
law.
Section 6.9. Attornevs' Fees. If any action is instituted to interpret or enforce
any of the provisions of this Joint Community Facilities Agreement, the party prevailing
. in such action shall be entitled to recover from the other parties thereto reasonable
attorney's fees and costs of such suit (including both prejudgment and post judgment fees
and costs) as determined by the court as part of the judgment.
Section 6.10. Goveroinl! Law. This Joint Community Facilities Agreement and
any dispute arising hereunder shall be governed by and interpreted in accordance with the
laws of the State applicable to contracts made and performed in the State.
Section 6.11. Usal!e of Words. As used herein, the singular of any word
includes the plural, and terms in the masculine gender shall include the feminine.
Section 6.12. Counterparts. This Joint Community Facilities Agreement may
be executed in counterparts, each of which shall be deemed an original.
Section 6.13. Interpretation. The parties to this Joint Community Facilities
Agreement and their counsel have reviewed and revised this Joint Community Facilities
Agreement, and the normal rule of construction to the effect that any ambiguities in an
agreement are to be resolved against the drafting parties shall not be employed in the
interpretation of this Joint Community Facilities Agreement.
CFD No. 03-02 (Roripaugh Ranch) - JCF A
County Facilities - Execution Copy
30
Section 6.14. Desil!nation of Party's Representative. Each party is to prepare a
certificate designating the person or persons that are to serve as the liaison between the
County, the City, and the Community Facilities District regarding design, engineering and
construction of the County Facilities. The certificates are to contain an original and
specimen signature of each designated person. The certificates are to be provided to the
County, the City, and the Community Facilities District at the time the first series of the
Bonds are issued.
[Balance of Page Intentionally Left Blank]
CFD No. 03-02 (Roripaugh Ranch) - JCF A
County Facilities - Execution Copy
31
IN WITNESS WHEREOF, the parties hereto have executed this Joint
Community Facilities Agreement as of the day and year first hereinabove written.
COUNTY OF RIVERSIDE
RECOMMEND FOR APPROVAL:
By
Marion Ashley
Chairman, Board of Supervisors
By:
George A. Johnson
Director of Transportation
ATTEST:
Nancy Romero, Clerk to the
Board of Supervisors
By:
Deputy Clerk
APPROVED AS TO FORM:
William C. Katzenstein,
County Counsel
By:
Deputy County Counsel
CITY OF TEMECULA
ATTEST:
City Clerk
By:
Mayor
By:
APPROVED AS TO FORM:
City Attorney
By:
Peter Thorson
CFD No. 03-02 (Roripaugh Ranch) - JCF A
County Facilities - Execution Copy 32
ATTEST:
Secretary
By
CFD No. 03-02 (Roripaugh Ranch) - JCF A
County Facilities - Execution Copy
TEMECULA PUBLIC FINANCING AUTHORITY
By:
Chairperson, Board of Directors
ASHBY USA, LLC,
a California limited liability company
By: Ashby Development Company, Inc.,
a California corporation,
its Managing Member
By:
Justin K. Ashby,
President
By: USA Investment Partners, LLC,
a Nevada limited liability company,
its Member
By: USA Commercial Mortgage Company,
a Nevada corporation,
its non-Member Manager
By:
Joseph D. Milanowski,
President
33
EXHIBIT A
Proposed Boundary Map of
Temecula Public Financing Authority
Community Facilities District No. 03-02 (Roripaugh Ranch)
CFD No. 03-02 (Roripaugh Ranch) - JCF A
County Facilities - Execution Copy A-I
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EXHIBIT B
COUNTY FACILITIES
Temecula Public Financing Authority
Community Facilities District No. 03-02 (Roripaugh Ranch)
Facility No.1: Butterfield Stage Road Sta. 145+58.43 to Sta. 193+06
Street Facilities: Approximately 4,748' linear feet of easterly half
width street improvements, including paving, curb and gutter,
sidewalks, median curb, grading, acquisition of slope, storm drain,
and ingress/egress easements, but excluding street lights, and
median and parkway landscaping.
Underground Facilities: Line "A": From centerline of Butterfield
Stage to inlet strUcture easterly ofR.O.W., consists of 47.5'010 of36"
RCP, 30'010 of 18" RCP, catch basins, monolithic catch basins, local
depressions, headwall, inlet strUctures, and concrete aprons.
Underground Facilities: Line "B": From centerline of Butterfield
Stage to easterly inlet strUcture, consists of 52.7'010 of 24" RCP,
joining existing 24" RCP, manhole, cutoff wall, headwall, inlet
strUcture, and concrete aprons.
Underground Facilities: Line "C": From centerline of Butterfield
Stage to easterly inlet strUcture, consists of 35.14'010 of 30" RCP,
joining existing 30" RCP, inlet strUcture, and concrete aprons.
Underground FaclIities: Line "D2": From centerline of Butterfield
Stage to easterly inlet strUcture, consists of 62.7'010 of 24" RCP,
catch basin, monolithic catch basin, local depression, cutoff wall,
headwall, inlet strUcture, and concrete apron.
Underground Facilities: Line "D": Consists of 79.57'010 of 60"
RCP from centerline to inlet strUcture easterly of R.O.W., with
headwall, inlet strUcture, and concrete aprons.
CFD No. 03-02 (Roripaugh Ranch) - JCF A
County Facilities - Execution Copy
B-1
ACQuisition Cost
$ 3,098,523
$ 59,438
$ 22,043
$18,914
$ 20,518
$ 52,663
Underground Facilities: Line "E" (Sta. 10+87.65 to
11+50.21) consists of 62.56'01: of 60" RCP from centerline of
Butterfield Stage to inlet structure easterly of R.O.W., with
headwall, inlet structure, and concrete aprons.
Underground Facilities: Line "FI": From centerline of Butterfield
Stage to easterly inlet structure, consists of 71.45'010 of 18" RCP,
junction structure, catch basin, local depression, inlet structure, and
concrete apron. Line "F2": From centerline of Butterfield Stage
easterly inlet structure, consists of 91.52'010 of 24" RCP, junction
structure, catch basin, local depression, inlet structure, and concrete
apron. Line "F3": From centerline of Butterfield Stage easterly
inlet structure, consists of 39.65'010 of 18" RCP, junction structure,
catch basin, local depression, inlet structure, headwall, and concrete
apron.
Facility No.2: Butterfield Stage Road Sta. 193+06.89 to Sta. 226+40.43
Street Facilities: Approximately 2,827 linear feet of easterly half
width street improvements, including paving, curb and gutter,
sidewalks, median curb, grading, retaining walls, acquisition of
slope, storm drain, and ingress/egress easements, but excluding
sidewalks, street lights, and median and parkway landscaping.
Underground Facilities: Line "G" Consists of 162.08'01: of60"
RCP from centerline of Butterfield Stage to inlet structure
easterly of R.O.W., with headwall, inlet structure, and
concrete aprons.
Underground Facilities: Line "R"; From centerline of Butterfield
Stage to easterly inlet structure, consists of 135'01: of 24" RCP,
headwall, inlet structure, and concrete apron.
Underground Facilities: Line "I"; From centerline of Butterfield
Stage to easterly inlet structure, consists of llToIo of 36" RCP,
headwall, wingwall, inlet structure, and concrete apron.
Butterfield Stage Road at Rancho California Road
CFD No. 03-02 (Roripaugh Ranch) - JCF A
County Facilities - Execution Copy
B-2
Acquisition Cost
$ 32,136
$ 55,270
Total: $ 3,327,369
$ 2,564,510
$ 58,166
$ 30,194
$ 24,068
Street Facilities: Intersection improvements, including paving,
curb and gutter, grading, sidewalks, signalization, drainage devices,
retaining wall, signing and striping, and erosion control but
excluding median and parkway landscaping.
Murrieta Hot Springs Road & Pourroy Road
Street Facilities: Intersection signalization.
GRAND TOTAL:
CFD No. 03-02 (Roripaugh Ranch) - JCF A
County Facilities - Execution Copy
B-3
$ 491,549
ACQuisitiou Cost
$ 350,000
Total: $ 3,518,487
$6,845,856
'l
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EXHIBIT ''B~1.~/
RIVERSIDE COUNTYDEPARTMENT OF
TRANSf!ORfA TION FACILITIES.
RORIPAUGH RANCH TRACT 29353
Facility No. 1: Butterfield Stage Road
Sta. 145+58.43 to 193+06
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I EXHIBIT "B-2" \
RIVERSIDE COUNTY DEPARTMENT OF
I '
TIl4NSPORTA TION FACILITiES
ROR)('AUGH RANCH TRACT 29353
Facilitr No.2: Butterfield Stage koad
Sfa. 193+06.89 to 226+40.43 \
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EXHIBIT D
PAYMENT BOND
(Public Work - Civil Code Section 3247 et seq.)
The makers of this Bond are as Principal and Original Contractor and
, a corporation, authorized to issue Surety Bonds in California, as
Surety, and this Bond is issued in conjunction with that certain public works contract dated as of
2004, between Principal, as owner, for
dollars ($ ) the total amount payable. THE AMOUNT
OF THIS BOND IS 100% OF SAID SUM. Said contract is for public work of those certain
as defined and described in said agreement entitled: "Joint
Community Facilities Agreement by and among County of Riverside, City of Temecula, Temecula Public
Financing Authority, and Ashby USA, LLC" dated as of November I, 2004
The beneficiaries of this Bond are as is stated in 3248 of the Civil Code and the requirements and
conditions of this Bond are as is set forth in Sections 3248, 3249, 3250 and 3252 of said Code. Without
notice, Surety consents to extension of time for perfonnance, change in requirements, amount of
compensation, or prepayment under said Contract.
Signed and Sealed this
Day of
200_
(Firm Name - Principal)
(Business Address)
Affix Seal
if
Corporation
By:
(Signature - Attach Notary's Acknowledgment)
(Title)
(Corporation Name - Surety)
(Business Address) .
AffIX
Corporate
Seal
By:
(Signature - Attached Notary's Acknowledgment)
ATTORNEY-IN-FACT
(Title-Attach Power of Attorney)
CFD No. 03-02 (Roripaugh Ranch) - JCF A
County Facilities - Execution Copy
D-I
PERFORMANCE BOND
The makers of this Bond, as Principal, and
as Surety, are held and fmnly bound unto
hereinafter called the Owner, in the sum of Dollars ($ ) for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors,
jointly and severally, fmnly by these presents.
The condition of this obligation is such, that whereas the Principal entered into a certain contract, hereto attached, with
the Owner, dated as of , 2004 for those certain . as defmed and
described in said agreement entitled: "Joint Community Facilities Agreement by and among County of Riverside, City of
Temecula, Temecula Public Financing Authority, and Ashby USA, LLC" dated as of November 1, 2004.
Now therefore, if the Principal shall well and truly perform and fulfill all the undertakings covenants, terms, conditions
and agreements of said Contract during the original term of said Contract and any extension thereof that may be granted
by the Owner, with or without notice to the Surety, and during the file of any guarantee required under the Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and
all duly authorized modifications of said Contract that may thereafter be made, then this obligation to be void, otherwise
to remain in full force and virtue. Without notice, Surety consents to extension of time for performance, change in
requirements, change in compensation or prepayment under said Contract.
Signed and Sealed this
Day of
,200_
(Firm Name - Principal)
(Business Address)
By;
(Signature - Attach Notary's Acknowledgment)
AffIX Seal
if Corporation
(Title)
(Corporation Name - Surety)
(Business Address)
AffIX
Corporate
Seal
By:
(Signature - Attach Notary's Acknowledgment)
A TIORNEY -IN-FACT
(Title-Attach Power of Attorney)
CFD No. 03-02 (Roripaugh Ranch) - JCF A
County Facilities - Execution Copy
D-2
EXHIBIT E
FORM OF PAYMENT REQUEST
Temecula Public Financing Authority
Community Facilities District No. 03-02 (Roripaugh Ranch)
Ashby USA, LLC hereby requests payment of the Purchase Price for the County
Facility described in Attachment A attached hereto. Capitalized undefined terms shall
have the meanings ascribed thereto in the Joint Community Facilities Agreement, dated
as of November I, 2004 (the "Joint Community Facilities Agreement"), by and among
County of Riverside (the "County "), City of Temecula (the "City"), Temecula Public
Financing Authority and Ashby USA; LLC (the "Developer"). In connection with this
Payment Request, the undersigned hereby represents and warrants to the County as
follows:
I. The undersigned is a Party Representative, qualified to execute this request
for payment on behalf of the Developer and is knowledgeable as to the matters set forth
herein.
2. The Developer has submitted or submits herewith to the County Engineer
as-built drawings or similar Plans and specifications for the County Facility for which
payment is requested, and such drawings or plans and specifications, as applicable, are
true, correct and complete.
3. The County Facility has been constructed in accordance with the Plans
therefor, and in accordance with all applicable County standards and the requirements of
the Joint Community Facilities Agreement, and the as-built drawings or similar Plans and
. specifications referenced in paragraph 2 above.
4. There has not been filed with or served upon the Developer notice of any
lien, right to lien or attachment upon, or claim affecting the right to receive the payment
requested herein which has not been released or will not be released simultaneously with
the payment of such obligation, other than material men's or mechanics' liens accruing by
operation of law. Copies of lien releases for all work for which payment is requested
hereunder are attached hereto.
5. The representations and warranties of the Developer set. forth in Section
5.1 of the Joint Community Facilities Agreement are true and correct on and as of the
date hereof with the same force and effect as ifmade on and as of the date hereof.
CFD No. 03-02 (Roripaugh Ranch) - JCF A
County Facilities - Execution Copy
E-l
I hereby declare under penalty of PeDury that the above representations and
warranties are true and correct.
Date:
Developer
By:
party Representative
CFD No. 03-02 (Roripaugh Ranch) - JCF A
County Facilities - Execntion Copy
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APPROVAL BY THE COUNTY ENGINEER
The County Engineer confirms that the County Facility described in
Attachment A-I has been constructed in accordance with the Plans therefor. The Actual
Cost of each County Facility as described in Attachment A-I has been reviewed, verified
and approved by the County Engineer. The Purchase Price for said County Facility is
established at $ . Payment of the Purchase Price for the County Facility is
hereby approved.
Date:
COUNTY ENGINEER
By:
CFD No. 03-02 (Roripaugh Ranch) . JCF A
County Facilities - Execution Copy
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JOINT COMMUNITY FACILITIES AGREEMENT
COUNTY: FLOOD CONTROL IMPROVEMENTS
/
JOINT COMMUNITY FACILITIES AGREEMENT
(Flood Control Improvements)
by and among
RIVERSIDE COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT,
COUNTY OF RIVERSIDE,
CITY OF TEMECULA,
TEMECULA PUBLIC FINANCING AUTHORITY
and
ASHBY USA, LLC
a California limited liability company
Dated as of Novemberl, 2004
Relating to:
Temecula Public Financing Authority
Community Facilities District No. 03-02
(Roripaugh Ranch)
CFD No. 03-02 (Roripaugh Ranch) - JCF A
Flood Control Facilities - Execution Copy
TABLE OF CONTENTS
ARTICLE I
DEFINITIONS
Section 1.1. Definitions......................................... ... ...................................................................... 5
ARTICLE II
CONDITIONS PRECEDENT
Section 2.1. Proceedings ........................................ .................................... .............................. ...... 9
ARTICLE III
ACQUISITION OF THE FLOOD CONTROL FACILITIES
Section 3.1. Acquisiton of the Flood Control Facilties................................................................ 10
Section 3.2. Determination of the Purchase Price........................................................................ 10
Section 3.3. Dedication of Property and Easements to the Flood Control District...................... 12
Section 3.4. Modifications to Acquisition Costs ......................................................................... 12
Section 3.5. Application of Realized Savings.............................................................................. 13
ARTICLE IV
CONSTRUCTION OF THE FLOOD CONTROL FACILITIES
Section 4.1. Preparation and Approval of Plans .......................................................................... 14
Section 4.2. Duty of Developer to Construct ............................................................................... 14
Section 4.3. Bid and Construction Requirements ........................................................................ 14
Section 4.4. Licenses and Regulatory Permits ............................................................................. 16
Section 4.5. NPDES Compliance................................................................................................. 17
Section 4.6. CaVOSHA, Confined Space Entry........................................................................... 18
Section 4.7. Notice of Intent to Commence Construction ........................................................... 18
Section 4.8. Bonding Requirements..... ................................................ ..... ... ................................ 20
Section 4.9. Additional Conditions to be Satisfied during Construction..................................... 20
Section 4.10. Inspection, Completion of Construction................................................................ 20
Section 4.11. Maintenance of Facilities; Warranties ................................................................... 21
Section 4.12. Insurance Requirements......................................................................................... 21
Section 4.13. Ownership of the Facilities .................................................................................... 23
ARTICLE V
REPRESENTATIONS, WARRANTIES AND COVENANTS; INDEMNIFICATION
Section 5.1. Representations, Warranties and Covenants ofthe Developer. ............................... 25
Section 5.2. Representations, Warranties and Covenants of the Authority................................. 26
CFD No. 03-02 (Roripaugh Ranch) - JCF A
Flood Control Facilities - Execution Copy
Section 5.3. Representations, Warranties and Covenants of the Flood Control District ............. 27
Section 5.4. Representations, Warranties and Covenants of the City.......................................... 28
Section 5.4. Representations, Warranties and Covenants ofthe County..................................... 29
Section 5.6. Indemnification........................................................................................................ 29
ARTICLE VI
MISCELLANEOUS
Section 6.1. Developer as Independent Contractor ...................................................................... 31
Section 6.2. Other Agreements .................................................................................................... 31
Section 6.3. Binding on Successors and Assigns......................................................................... 31
Section 6.4. Amendments .................................... .......... ............. ................................................. 32
Section 6.5 . Waivers .......................................................................... ...... .................................... 32
Section 6.6. No Third Party Beneficiaries ................................................................................... 32
Section 6.7. Notices ............................................. .......... ............................... ......................... ... ... 32
Section 6.8. Jurisdiction and Venue.............................................................................................33
Section 6.9. Attorney's Fees .......................................................... ................................... ............ 33
Section 6.10. Governing Law ......................................................................................................34
Section 6.11. Usage of Words........................................................................... ...........................34
Section 6.12. Counterparts........................................................................................................... 34
Section 6.13. Interpretation .................................... ................................ ................. ..................... 34
Section 6.14. Designation of Party Representative......................................................................34
EXHIBIT A PROPOSED BOUNDARY MAP OF CFD NO. 03-02....................................... A-I
EXHIBIT B FLOOD CONTROL IMPROVEMENTS - DIAGRAM, DESCRIPTION AND
ACQUISITION COSTS................ ........................... .....................................B-l
EXHIBIT C PARCELS AND EASEMENTS TO BE CONVEYED TO THE FLOOD
CONTROL DISTRICT ................................................................................C-l
EXHIBIT D FORMS OF PAYMENT AND PERFORMANCE BONDS ................................E-I
EXHIBIT E FORM OF PAYMENT REQUEST ...................................................................... F-I
EXHIBIT F FORM OF LICENSE AGREEMENT .................................................................. G-I
CFD No. 03-02 (Roripaugh Ranch) - JCF A
Flood Control Facilities - Execution Copy
JOINT COMMUNITY FACILITIES AGREEMENT
THIS JOINT COMMUNITY FACILITIES AGREEMENT (this "Joint
Community Facilities Agreement") is made and entered into as of November 1, 2004, by
and among Riverside County Flood Control and Water Conservation District, a public
agency organized and existing pursuant to Chapter 48 of the Appendix to the California
Water Code (hereinafter, the "Flood Control District"), County of Riverside, a political
subdivision of the State of California (hereinafter the "County"), the City of Temecula, an
incorporated municipality (hereinafter, the "City"), the Temecula Public Financing
Authority, a Joint Powers Authority established pursuant to Article 4, Chapter 5, Division
5 of Title I of the California Govemment Code (the "Authority"), and Ashby USA, LLC,
a California limited liability company (hereinafter, the "Developer").
RECITALS
WHEREAS, pursuant to a petition presented to the Authority executed by the
Developer who owns more than ten percent (10%) of approximately 805 vacant acres
comprising Tract Map Nos. 29353-1, 29353-2 and 29353-3 (collectively, the "Property")
that are located within the boundaries of the City and are commonly referred to as
"Roripaugh Ranch," the Board of Directors of the Authority (the "Legislative Body") has
initiated proceedings to form a community facilities district that is to be identified as
Temecula Public Financing Authority Community Facilities District No. 03-02
("Roripaugh Ranch") (the "Community Facilities District") by the adoption of its
Resolution No. TPFA 04-08 on August 24,2004, as amended by Resolution No. TPFA
04-10 (the "Resolution of Intention"), under the authority of the Mello-Roos Community
Facilities Act of 1982 (the "Mello-Roos Act") (commencing with Section 53311 of the
California Government Code (the "Code")).
WHEREAS, the Developer is the master developer of the Property, as shown on
Exhibit A, attached hereto, that will allow for the construction of approximately 2,000
residential units, approximately 15 acres of related commercial development, school and
park sites, and construction of a fire station all within the boundaries or in the vicinity of
the Community Facilities District.
WHEREAS, the Developer has requested and proposed that the Community
Facilities District be formed for the purpose of providing the means of financing the
construction and/or acquisition of certain streets, related drainage improvements, and
park facilities to be owned and maintained by the City, certain street and related drainage
improvements to be owned and maintained by the County of Riverside (the "County"),
certain flood control and storm water drainage facilities to be owned and maintained by
the Flood Control District (the "Flood Control Facilities") and certain water and sewer
improvements to be owned and maintained by Eastern Municipal Water District. The
Flood Control Facilities are to be owned, operated and maintained by the Flood Control
CFD No. 03-02 (Roripaugh Ranch) - JCF A
Flood Control Facilities - Execution Copy
2
District upon their acceptance by the Flood Control District. The Flood Control Facilities
are diagramed in concept, described and their estimated acquisition costs are stated in
Exhibit B attached hereto and incorporated herein by this reference.
WHEREAS, Section 53313.5 of the Code provides that a community facilities
district may only finance the purchase of facilities whose construction has been
completed, as determined by the legislative body of the community facilities district,
before the resolution of formation to establish the community facilities district is adopted
pursuant to Section 53325.1 of the Code, except that a community facilities district may
finance the purchase of facilities completed after the adoption of a resolution of formation
if the facility is constructed as if it had been constructed under the direction and
supervision, or under the authority of, a local public agency.
WHEREAS, alternatively, Section 53314.9 of the Code provides that at any time
either before or after the formation of a community facilities district, the legislative body
may accept advances of funds or work in-kind from any source, including, but not limited
to, private persons or entities, and may provide, by resolution, for the use of those funds
or that work in-kind for any authorized purpose, under all of the following conditions: (a)
the proposal to repay the funds or the value or cost of the work in-kind, whichever is less,
is included in both the resolution of intention to establish the community facilities district
adopted pursuant to Section 53321 of the Code and in the resolution to establish the
community facilities district pursuant to Section 53325.1 of the Code, (b) any proposed
special tax is approved by the qualified electors of the community facilities district
pursuant to the Act, and (c) any work in-kind accepted pursuant to Section 53314.9 of the
Code shall have been performed or constructed as if the work had been performed or
constructed under the direction and supervision, or under the authority, of a local public
agency.
WHEREAS, pursuant to the Act, the Board of Directors has adopted the
Resolution of Intention stating that it is the intention of the Authority to cause the
proposed Community Facilities District to be established, and if established, to reimburse
the Developer all, or a portion, of the funds or value or cost of the work in-kind,
whichever is less, without interest, provided all of the conditions of Section 53314.9 of
the Code are satisfied and that such reimbursement shall only be from the proceeds of
special tax bonds, if any are sold and issued by the proposed Community Facilities
District.
WHEREAS, the Act provides that the proposed Community Facilities District
may finance the Flood Control Facilities only pursuant to a joint community facilities
agreement adopted pursuant to Sections 53316.2, 53316.4 and 53316.6 of the Code.
WHEREAS, the Flood Control District, the County, the City, the Authority and
the Developer desire to enter into this Joint Community Facilities Agreement, as required
by the aforementioned sections of the Code and prior to the adoption by the Board of
Directors of the resolution establishing the Community Facilities District. The provisions
of this Joint Community Facilities Agreement are intended to apply only to the Flood
Control Facilities, unless expressly stated otherwise.
CFD No. 03-02 (Roripaugh Ranch) - JCF A
Flood Control Facilities - Execution Copy 3
WHEREAS, consistent with Section 53316.2 of the Code, the Authority, the
City, the Flood Control District, and the County find that the approval of this Joint
Community Facilities Agreement will be beneficial to the residents of the their respective
jurisdictions and to the owners of property within the Community Facilities District.
NOW, THEREFORE, for and in consideration of the mutual premises and
covenants contained herein, the parties hereto agree as follows:
CFD No. 03-02 (Roripaugh Ranch) - JCFA
Flood Control Facilities - Execution Copy
4
ARTICLE I
DEFINITIONS
Section 1.1 Definitions. Unless the context otherwise requires, the terms
defined in this Article I shall have the meaning herein specified when used in this Joint
Community Facilities Agreement:
"Acceptable Title" means title to land, or an easement therein, delivered free and
clear of all liens, taxes, assessments, leases, easements and encumbrances, whether any
such item is recorded or unrecorded, except those non-monetary items which are
reasonably determined by the Flood Control District and/or the City not to interfere with
the intended use of such land or easement and therefore are not required to be cleared
from title.
"Acceptance Date" means, with respect to any Flood Control Facility, the date
that the Flood Control Facility is accepted by the Flood Control District into its
maintained system and the Purchase Price therefor has been determined pursuant to the
terms this Joint Community Facilities Agreement.
"Acquisition Agreement" means the "Acquisition Agreement" to be entered into
by and between the Authority and the Developer, as originally executed or as the same
may be amended from time to time in accordance with its terms
"Acquisition Account" means the account by that or a similar name established
within the "Improvement Fund" created by the Indenture.
"Acquisition Cost" means, with respect to a Flood Control Facility, the amount
specified as the Acquisition Cost for such Flood Control Facility in Exhibit B attached
hereto, as the same may be modified by one or more supplements thereto entered into in
accordance with Section 3.4 hereof or augmented as a result of cost savings pursuant to
Section 3.5 hereof.
"Act" means the Mello-Roos Community Facilities Act of 1982, constituting
Section 53311 et seq. ofthe Code, as amended.
"Actual Cost" means, with respect to a Flood Control Facility, an amount equal to
the sum of (a) the Developer's actual, reasonable cost of constructing such Flood Control
Facility, including labor, material and equipment costs, (b) the Developer's actual
reasonable cost of designing and preparing the Plans for such Flood Control Facility,
including engineering services provided in connection with designing and preparing such
Plans, (c) the Developer's actual, reasonable cost of environmental evaluations required
. specifically for such Flood Control Facility, (d) the amount of any fees actually paid by the
Developer to governmental agencies in order to obtain permits, licenses or other necessary
goverrunental approvals and reviews for such Flood Control Facility, (e) the Developer's
actual reasonable cost for professional services directly related to the construction of such
Flood Control Facility, including engineering, legal, inspection, construction staking,
CFD No. 03-02 (Roripaugh Ranch) - JCF A
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materials testing and similar professional services, (f) the Developer's actual, reasonable
cost for construction management bid administration services which shall not exceed 5% of
construction costs, (g) the Developer's actual reasonable cost of payment, performance or
maintenance bonds and insurance (including any title insurance required hereby) for such
Flood Control Facility, (h) the Developer's actual, reasonable cost of any real property or
interest therein acquired after the date on which the Community Facilities District is
established pursuant to the Act for a party other than the Developer, which real property or
interest therein is either necessary for the construction of such Flood Control Facility (e.g.,
temporary construction easements, haul roads, etc.) or is required to be conveyed with such
Flood Control Facility in order to convey Acceptable Title thereto to the Flood Control
District, all as specified in a Payment Request that is to be reviewed and approved by the
Flood Engineer; provided, however, that (x) no item of cost relating to a Flood Control
Facility shall be included in more than one category of cost specified in clauses (a) through
(h) of this definition, and (y) each item of cost shall include only amounts actually paid by
the Developer to third parties and shall not include overhead or other internal expenses of
the Developer, except that, if Developer employees perform construction management, bid
administration or contract administration services with respect to a Flood Control Facility,
the actual reasonable cost of the salaries and benefits paid by the Developer to such
employees for performing such services may be included as an item of cost relating to such .
Flood Control Facility for the category of cost specified in clause (f) of this definition and
subject to the 5% limitation specified in clause (f).
"Administrator" means the Treasurer of the Authority, or herlhis designee.
"Authority" means the Temecula Public Financing Authority, a Joint Powers
Authority established pursuant to Article 4, Chapter 5, Division 5 of Title I of the Code.
"Board of Directors" means the Board of Directors of the Authority.
"Board of Supervisors" means, respectively, the Board of Supervisors of the
Riverside County Flood Control and Water Conservation District and the Board of
Supervisors of the County of Riverside.
"Bonds" means the bonds that the Community Facilities District may attempt to
sell and issue in one or more series if the Proceedings are approved, a portion of the
proceeds of which will be used to acquire the Flood Control Facilities.
"Business Day" means a day which is not a Saturday or Sunday or a day of the
year on which the Flood Control District is not required or authorized to be open.
"CEQA" means the California Environmental Quality Act (CEQA), constituting
Section 21000 et seq. of the California Public Resources Code, as amended.
"City" means the City of Temecula, an incorporated municipality.
"City Engineer" means the Director of Public Works of the City, or hislher
designee.
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"Code" means the California Government Code.
"Community Facilities District" means the Temecula Public Financing
Authority Community Facilities District No. 03-02 (Roripaugh Ranch), a community
facilities district to be organized and existing under the Code.
"Construction Site" means the site on which the Flood Control Facilities are to
be constructed, including off site staging areas and material storage areas.
"County" means the County of Riverside, a political subdivision of the State, and
its successors.
"County Engineer" means the Director of Transportation of the County (or any
successor to the responsibilities thereof if such office is no longer in existence), or hislher
designee.
"Developer" means Ashby USA, LLC, a California limited liability company,
and its successors and assigns, acting as the master developer of infrastructure within the
Community Facilities District, including but not limited to the Flood Control Facilities.
"Developer's Representative" means the person or persons designated as such
by the Developer in a certificate signed by the Developer and delivered to the City, the
Community Facilities District, and the Flood Control District, which certificate shall
contain an original or specimen signature of each person so designated.
"Flood Control District" means the Riverside County Flood Control and Water
Conservation District, a public agency organized and existing pursuant to Chapter 48 of
the Appendix to the California Water Code.
"Flood Control Facility" or "Flood Control Facilities" means one or more of
those public improvements that are identified and described in Exhibit B attached hereto
and are to be owned, operated and maintained by the Flood Control District.
"Flood Engineer" means the General Manager-Chief Engineer of the Flood
Control District (or any successor to the responsibilities thereof if such office is no longer
in existence), or his/her designee.
"General Prevailing Wage Rates" means those rates as determined by the
Director ofthe Department of Industrial Relations ofthe State.
"Hazardous Material" means any hazardous or toxic substance, material or
waste which is or becomes regulated by any local governmental authority, the State or the
United States Government, including, without limitation, any material or substance which
is (a) designated as a "hazardous substance" pursuant to Section 311 of the Federal Water
Pollution Control Act, 33 U.S.C. 9 1251 et seq. (33 U.S.c. 9 1321), (b) defined as a
"hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and
Recovery Act, 42 U.S.C. 96901 et seq. (42 U.S.C. 96903), (c) defined as a "hazardous
substance" pursuant to Section 101 of the Comprehensive Environmental Response,
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Compensation and Liability Act of 1980, as amended, 42 U.S.C. 99601 et seq.,
(d) petroleum, or ( e) asbestos.
"Indenture" means the indenture, trust agreement, resolution, fiscal agent
agreement or similar instrument, regardless of title, pursuant to which bonds, notes or
other evidences of indebtedness of the Community Facilities District have been issued
and are outstanding, as originally executed or as the same may from time to time be
supplemented or amended pursuant to the provisions thereof.
"Joint Community Facilities Agreement" means this Joint Community
Facilities Agreement, dated as of November I, 2004, by and among the Flood Control
District, the County, the City, the Authority and the Developer, as originally executed or
as the same may be amended from time to time in accordance with its terms.
"Legislative Body" means the Board of Directors of the Temecula Public
Financing Authority, acting ex officio as the legislative body of the Community Facilities
District.
"Payment Request" means the document to be provided by the Developer to
substantiate the Purchase Price of one or more the Flood Control Facilities, which shall
be substantially in the form of Exhibit E attached hereto.
"Plans" mean the plans and specifications for the Flood Control Facilities
prepared or to be prepared at the direction: of the Developer pursuant to Section 4.1
hereof.
"Proceedings" means those proceedings to be undertaken by the Board of
Directors to consider the formation of the Community Facilities District and the approval
by the Board of Directors and the qualified electors of the Community Facilities District
of the authorization to levy special taxes therein pursuant to the Rate and Method and by
the Legislative Body to sell and issue the Bonds.
"Property" means the real property located within the Community Facilities
District.
"Purchase Price" means, subject to the provisions of Section 3.2 hereof, the
lesser of the Actual Cost or the Acquisition Cost of a Flood Control Facility, allowing for
the application of the provisions of Section 3.4 which provides for the modification of the
Acquisition Cost and the provisions of Section 3.5 which specifies the circumstances in
which additional monies may be made available to pay the Purchase Price.
"Rate and Method" means the rate and method of apportionment of special
taxes authorized to be levied within the Community Facilities District pursuant to the
Proceedings.
"State" means the State ofCalifomia.
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ARTICLE II
CONDITIONS PRECENDENT
Section 2.1. Proceedinl!s. The Developer has submitted to the Authority a
petition requesting that the Proceedings be initiated by the Authority with regard to the
formation of the Community Facilities District for the purpose of financing the
acquisition or construction of certain public facilities, including the Flood Control
Facilities, to authorize the levy of special taxes within the Community Facilities District
pursuant to the Rate and Method and for the Legislative Body to authorize the sale and
issuance of one or more series of Bonds.
Should the formation of the Community Facilities District be approved, the
Legislative Body will use its best efforts to cause to be sold and issued, pursuant to the
terms of the Act and Indenture, the Bonds in one or more series and a portion of the
proceeds of the Bonds are intended to provide funds that will allow the Community
Facilities District to finance a portion of the costs of acquiring the Flood Control
Facilities. Should the Board of Directors not be able to approve the formation of the
Community Facilities District and/or the Legislative Body not be able to sell and issue the
first series of the Bonds within two years of date hereof, the Authority, the City, the Flood
Control District, the County and the Developer will not be bound by the terms of this
Joint Community Facilities Agreement and it shall be considered null and void by the
parties to it.
The Developer acknowledges that the decision of the Board of Directors to
approve the formation of the Community Facilities District and of the Legislative Body to
authorize the sale and issuance of the Bonds is an exercise of the legislative discretion of
the Board of Directors and Legislative Body, respectively, and that the Authority may not
enter into a contract or obligate either the Board of Directors or the Legislative Body to
exercise its legislative discretion in a particular manner. This Joint Community Facilities
Agreement does not, therefore, in any way create a contractual, legal or equitable
obligation of or commitment by the Board of Directors to approve the formation of the
Community Facilities District or the Legislative Body to authorize the sale and issuance
of the Bonds.
Should the Developer elect to abandon the Proceedings, the Developer shall
provide written notification of such election to the Authority, the City, the Flood Control
District and the County prior to the adoption by the Legislative Body of the Resolution
authorizing the sale and issuance of the Bonds.
The Board of Directors and the Legislative Body shall have the jurisdiction to and
shall be solely responsible for undertaking the Proceedings consistent with the provisions
of the Act, the Indenture and the applicable provisions of the Acquisition Agreement.
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ARTICLE III
ACQUISITION OF FLOOD CONTROL FACILITIES
Section 3.1. Acquisition of Flood Control Facilities. The Developer hereby
agrees to transfer to the Flood Control District each of the Flood Control Facilities and
the Community Facilities District hereby agrees to pay the Purchase Price thereof, subject
to the terms and conditions hereof and the Acquisition Agreement. Acceptable Title to
any parcels on which any Flood Control Facility is constructed and for which title is not
presently held by the Flood Control District as we\1 as the Flood Control Facility financed
pursuant hereto shall be transferred to the Flood Control District as of the Acceptance
Date; provided, however, that notwithstanding such transfer, as provided in Section 4.11
hereof, the Developer shall be solely responsible for the maintenance of any Flood
Control Facility until the Acceptance Date of said Flood Control Facility.
The Purchase Price of the Flood Control Facilities is to be paid solely from the
. amounts in the Acquisition Account, and the Community Facilities District shall not be
obligated to pay the Purchase Price of the Flood Control Facilities except from the
amounts in the Acquisition Account. Neither the Authority, the Community Facilities
District, the Flood Control District, the County nor the City make any warranty, either
expressed or implied, that the amount in the Acquisition Account available for the
payment of the Purchase Price of the Flood Control Facilities will be sufficient for such
purpose.
The date on which the Purchase Price is to be paid by the Community Facilities
District and whether all or any portion of the Purchase Price will be paid to the Developer
are contro\1ed by the terms of the Acquisition Agreement
Section 3.2. Determination of the Purchase Price. The determination of the
Purchase Price shall be made consistent with the provisions of this Section 3.2.
In order for the Flood Engineer to be able to determine the Purchase Price for a
completed Flood Control Facility, the Developer sha\1 deliver to the Flood Engineer:
(a) A Payment Request for said Flood Control Facility, together with all
attachments and exhibits to be included therewith;
(b) A copy of the documents conveying or which previously conveyed to the
Flood Control District Acceptable Title to the real property on, in or over which
such Flood Control Facility is located, as described in Section 3.3 thereof;
(c) A copy of the Notice of Completion for said Flood Control Facility that
will be filed in accordance with Section 3093 of the California Civil Code, if
applicable. Final lien releases addressed to the Authority, the Community
Facilities District, the Flood Control District, and the City must be received by the
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Flood Engineer prior to the Flood Engineer executing the authorization for the
Community Facilities District to pay the Purchase Price.
(d) The Developer's civil engineer of record or construction civil engineer of
record duly registered in the State shall provide to the Flood Control District
redlined "as-built" plans and profile sheets for the Flood Control Facility. After
the Flood Control District's approval of the redlined "as-built" drawings, the
Developer's engineer shall schedule with the Flood Control District a time to
transfer the redlines onto the Flood Control District's original mylars at the Flood
Control District's office, after which, said engineer shall review, stamp and sign
the original mylars "As-Built."
(e) The City and the Flood Control District will enter into a license agreement
(the "License Agreement") that is substantially in the form of Exhibit F. The
License Agreement will provide that the City has access to Facility No. 1 as
described in Exhibit B for purposes of use of the maintenance roads and a
structure to be constructed within the Flood Control District's right-of way for a
multi-purpose trail. It will also require the City to indemnifY the Flood Control
District for use of portions of the Flood Control District's right-of-way as a multi-
purpose trail.
Notwithstanding anything to the contrary contained herein, no payment of the
Purchase Price for any Flood Control Facility shall be made unless the Flood Control
District has by written notice to the Community Facilities District and the City stated that
the Flood Control District is willing to accept ownership of the Flood Control Facility as
constructed and to include it as part of its maintained system as of the Acceptance Date.
Said notice will not be provided to the Community Facilities District and the City until
the Developer has provided or caused to be provided to the Flood Control District:
(a) Documents by which the Developer conveys to the Flood Control District
an easement for storm drain facilities, in a form approved by the Flood Control
District, for rights of way as shown in concept in red on Exhibit C, and policies of
title insurance, in an amount not less than fifty percent (50%) of the estimated fee
value, as determined by the Flood Control District, for each parcel so conveyed
have been provided to the Flood Control District.
(b) Documents by which the Developer conveys to the Flood Control District
an easement, including ingress and egress, in a form approved by the Flood
Control District, for the rights of way shown in concept blue on Exhibit C, and
policies of title insurance, in an amount not less than fifty percent (50%) of the
estimated fee value, as determined by the Flood Control District, for each parcel
so conveyed have been provided to the Flood Control District.
(c) Documents by which the Developer conveys to the Flood Control District
fee title, in a form approved by the Flood Control District, for the rights of way
shown in concept green on Exhibit C, and policies of title insurance, in an amount
not less than one hundred percent (100%) of the estimated fee value, as
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detennined by the Flood Control District, for each parcel so conveyed have been
provided to the Flood Control District.
Once the Flood Engineer has been provided with a complete Payment Request
Fonn for the Purchase Price and all other documents as required by him to detennine the
Purchase Price, the Flood Engineer will sign the Payment Request Fonn, identifying the
Purchase Price and (i) forward said document to the Administrator for payment consistent
with the tenns of the Acquisition Agreement and (ii) provide written notice to the
Community Facilities District and the City as provided above.
Section 3.3. Dedication of Property and Easements to Flood Control
District. Acceptable Title to all property not presently held by the Flood Control District
on, in or over which the Flood Control Facility will be located shall be deeded over to
Flood Control District by way of grant deed, quitclaim, or dedication of such property, or
easement thereon, if such easement is approved by Flood Control District as being a
sufficient interest therein to pennit Flood Control District to properly own, operate and
maintain such Flood Control Facility located therein, thereon or thereover, and to pennit
the Developer to perfonn its obligations as set forth in this Joint Community Facilities
Agreement.
The Developer shall furnish to the Flood Control District a title report for such
property not previously dedicated or otherwise conveyed to the Flood Control District for
review and approval at least thirty (30) Business Days prior to the notice required by
Section 4.7 hereof. The Flood Control District shall approve the title report unless it
reveals a matter that, in the sole judgment of the Flood Control District, could materially
affect the Flood Control District's use and enjoyment of any part of the property or
easement covered by the title report. In the event the Flood Control District does not
approve such title report, the Flood Control District shall notify the Administrator in
writing and the Flood Control District shall not be obligated to accept title to said Flood
Control Facility, and the Community Facilities District shall not be obligated to pay any
portion of the Purchase Price for said Flood Control Facility until the Developer has
cured such objections to title to the satisfaction of the Flood Control District
Consistent with the proceeding paragraph, the Developer shall obtain and provide,
or cause to be obtained or provided, to the Flood Control District duly executed
irrevocable offer(s) of dedication to the public for flood control purposes, including
ingress and egress, for rights of way deemed necessary by the Flood Control District for
the construction, inspection, operation and maintenance of the Flood Control Facilities as
shown in concept on Exhibit C which is attached hereto and by this referenced
incorporated herein. The irrevocable offer(s) of dedication shall be in a fonn approved by
the Flood Control District and shall be executed by all legal and equitable owners
described in the offer.
Section 3.4. Modifications to the Stated Acquisition Cost. The
Administrator, the Flood Control District and the Developer may make modifications in
the composition and description of the Flood Control Facilities, or in the amount of the
Acquisition Cost for the Flood Control Facilities, whenever the Administrator, the City
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Engineer, the Flood Engineer and the Developer deem such modifications to be
appropriate; provided, however, that such Flood Control Facility, as so modified, must be
fully functioning and capable of being used for its intended purpose and must be
consistent with the description of the Flood Control Facilities in the Proceedings. Any
such modification shall be approved and implemented by the Administrator, with the
approval of the City Engineer, on behalf of the Community Facilities District, the Flood
Engineer, on behalf of the Flood Control District, and the Developer by executing a
supplement to Exhibit B containing a description of the modified Flood Control Facility
and, if applicable, the adjusted Acquisition Cost. Upon the execution of any such
supplement to Exhibit B, the description of the Flood Control Facility and, if applicable,
the adjusted Acquisition Cost in Exhibit B shall be deemed to have been modified in
accordance therewith. Any modification made pursuant to this Section shall not be
deemed to be an amendment of this Joint Community Facilities Agreement for purposes
of Section 6.4 hereof. No Flood Control Facility may be deleted or added from Exhibit B
pursuant to this Section 3.4. The deletion or addition of a Flood Control Facility from
Exhibit B constitutes an amendment to this Joint Community Facilities Agreement and
may only be made pursuant to Section 6.4 hereof.
Section 3.5. Aoolication of Realized Savines. If the Purchase Price
determined by the Flood Engineer for a completed Flood Control Facility is less than the
stated Acquisition Cost of said Flood Control Facility on Exhibit B for said Flood Control
Facility, then the difference is to be identified as "realized savings" that are available and
can be applied to increase the Purchase Price of another Flood Control Facility or another
improvement whose acquisition or construction is authorized to be funded with the
proceeds of the Bonds. A request for an adjustment to the Acquisition Cost pursuant to
this Section 3.5 is to be initiated by the Developer or the City Engineer and an appropriate
supplement to Exhibit B is to be prepared by initiating party. Any proposed adjustment to
a Flood Control Facilities Acquisition cost is subject to the approval by the City Engineer,
on behalf of the Community Facilities District, the Flood Engineer on behalf of the Flood
Control District, and the Developer.
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ARTICLE IV
CONSTRUCTION OF THE FLOOD CONTROL FACILITIES
Section 4.1. Preparation and Approval of Plans. To the extent that the
Developer has not already done so, it shall cause Plans to be prepared for the Flood
Control Facilities. The Developer shall obtain the written approval of the Plans from the
Flood Engineer, the City Engineer and the CoUnty Engineer, as appropriate. The
Developer shall provide a copy of all such Plans to the Flood Engineer, the City Engineer,
and the County Engineer, as appropriate. Once the Plans have been approved, no changes
are to be made thereto without prior written consent of the Flood Control District, the.
City and the County Engineer, as appropriate.
Section 4.2. Duty of Developer to Construct. The Developer shall construct
or cause to be constructed the Flood Control Facilities in accordance with the Plans
approved by the Flood Engineer, the City Engineer, and the County Engineer. The
Developer shall perform all of its obligations hereunder and shall conduct all operations
with respect to the construction of the Flood Control Facilities in a good, workmanlike
and commercially reasonable manner, with the standard of diligence and care normally
employed by duly qualified persons utilizing commercially reasonable efforts in the
performance of comparable work and in accordance with generally accepted practices
appropriate to the activities undertaken. Notwithstanding the foregoing, nothing set forth
in this Joint Community Facilities Agreement shall be construed (i) to require the
Developer to perform any work requiring a contractor's license, nor shall the Developer
be deemed to be performing construction services pursuant to this Joint Community
Facilities Agreement or (ii) require the Developer to cause the Plans to be prepared for
the Flood Control Facilities at a specific time or in a manner other than as required by the
approved conditions for the development of the Property.
Section 4.3. Bid and Construction Requirements.
(a) In order to ensure that a Flood Control Facility is constructed as if it had
been constructed under the direction and supervision, or under the authority of, a public
agency, so that they may be acquired pursuant to Section 53313.5 of the Code, the
Developer shall comply with all of the requirements set forth in the Public Contract Code
regarding the notice of bidding and award of contract for a public works project by a
public agency such as the Flood Control District.
(b) Prior to awarding the bid for any Flood Control Facilities, the Developer
shall submit a bid packet for review to the Flood Engineer. A copy of the bid packet is to
be provided to the City Engineer. The contract for construction of any Flood Control
Facility is to be awarded to the responsible bidder submitting the lowest responsive bid
after notice inviting sealed bids. Bids are to be publicly solicited consistent with the
applicable provisions of Public Contract Code dealing with the bidding of public works
projects constructed by the Flood Control District. Public notice is to be given consistent
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with the Public Contract Code as to the date, time and place where bids will be opened.
The Flood Control District is to be provided with copies of all bids received to assure that
the Developer adheres to the applicable legal requirements for public works projects.
(c) The Developer shall require, and the Plans, bid and contract documents
shall require, all contractors, subcontractors, vendors, equipment operators and owner
operators, in each such case to the extent such individuals or entities are engaged to
perform work on a Flood Control Facility, to pay not less than General Prevailing Wage
Rates to all workers employed in the execution of the contract, as required by the Labor
Code, to post a copy of the General Prevailing Wage Rates at the job-site in a
conspicuous place available to all employees and applicants for employment, and to
otherwise comply with applicable provisions of the California Labor Code, the Code and
the California Public Contracts Code relating to General Prevailing Wage Rates as
required by the specifications approved by the Flood Engineer. The Flood Control
District has provided the Developer with copies of tables setting forth the General
Prevailing Wage Rates, and the Developer hereby acknowledges receipt thereof.
(d) The Developer shall require each principal contractor to provide proof of
insurance coverage to the Flood Control District satisfying the requirements of
\
Section 4.12 hereof throughout the term of the construction of the Flood Control
Facilities. Rather than requiring its principal contractors to provide such insurance, the
Developer may elect to provide the same for the benefit of its principal contractors.
(e) Each principal contractor engaged to perform work on the Flood Control
Facilities shall be required to furnish (i) labor and material payment bonds, and (ii)
contract performance bonds, each in an amount equal to 100% of the contract price
naming the Developer, the Community Facilities District, the Flood Control District, the
Authority, and the City as obligees and issued by a California admitted surety having a
current A.M. Best A:Vrn (A:8) rating or an admitted surety insurer which complies with
the provisions of Section 995.660 of the California Code of Civil Procedure. All such
bonds shall be in a form as shown in Exhibit D. The bonds tendered pursuant to this sub-
section are to be accepted and held by the City Engineer. Rather than requiring its
contractors to provide such bonds, the Developer may elect to provide the same for the
benefit of its principal contractors.
(f) The Developer shall comply, and shall cause each contractor,
subcontractor, vendor, equipment operator and owner operator, in each such case to the
extent such individual or entity is engaged to perform work on the Flood Control
Facilities, to comply, with such other requirements relating to the construction of the
Flood Control Facilities as the Flood Control District may impose by written notification
delivered to the Developer, to the extent legally required as a result of changes in
applicable federal, State or County laws, rules or procedures.
(g) The Developer shall require, and the Plans and bid and contract documents
shall require, all contractors, subcontractors, vendors, equipment operators and owner
operators, in each such case to the extent such individuals or entities are engaged to
perform work on the Flood Control Facilities, to submit certified weekly payroll records
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or other proof of payment of General Prevailing Wage Rates to the Developer and to
furnish certified payroll records or such other proof of payment of General Prevailing
Wage Rates to the Flood Engineer and City Engineer promptly upon request.
(h) All change orders shall be reviewed and, if appropriate, approved by the
Flood Engineer for the purpose of ensuring that they comply with Flood Control District
standards and for the work represented by the change order to be eligible for
consideration in determining the Purchase Price. If necessary, the provisions of Section
3.3 and 3.5 hereof may be utilized to accommodate the construction costs associated with
the change order.
(i) The Developer shall provide proof to the City Engineer and the Flood
Engineer, at such intervals and in such form as the City Engineer or the Flood Engineer
may require, that the foregoing requirements have been satisfied as to all of the Flood
Control Facilities. .
G) The Developer has deposited with the Flood Control District monies to
cover the anticipated costs, deemed necessary and reasonable, associated with the review
and approval of the Plans, the review and approval of right of way and conveyance
documents and with the processing and administration of this Joint Community Facilities
Agreement. The Developer, within thirty (30) days after receipt of an additional billing
for such costs, will forward the billed amount to the Flood Control District.
(k) At the time the Developer submits a "Notice of Intent" to commence
construction as set forth in Section 4.7 below, the Developer shall deposit with Flood
Control District (Attention: Business Office - Accounts Receivable) the estimated cost of
providing construction inspection for the Flood Control Facilities, in an amount as
determined and approved by Flood Control District in accordance with Ordinance Nos.
671 and 749, including any amendments thereto, of the County, based upon the bonded
value of Flood Control Facilities to be inspected; operated and maintained by Flood
Control District.
(I) At the time the Developer submits a "Notice of Intent" to commence
construction as set forth in Section 4.7 below, the Developer shall make a one time cash
deposit with the Flood Control District of $782,640 with respect to the Flood Control
Facilities that represents the Flood Control District's estimated cost to operate and
maintain each Flood Control Facility for a period often (10) years commencing upon the
Acceptance Date. The deposit will be placed in the Flood Control District's Zone 7
Maintenance Subaccount. This one time deposit for operation and maintenance shall not
be included in the determination of the Actual Cost or the Purchase Price of the Flood
Control Facilities for which the deposit is made.
Section 4.4. Licenses. and Rel!ulatorv Permits. The Developer shall secure
all necessary licenses, agreements, permits, rights of entry and temporary construction
easements (collectively "Licenses") that may be needed for the construction, inspection,
operation and maintenance of the Flood Control Facilities. The Developer is to secure all
permits approvals or agreements, if any, required by the various Federal and State
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resource and/or regulatory agencies (collectively, the "Regulatory Permits") for the
construction, operation and maintenance of the Flood Control Facilities. The Regulatory
Permits include, but are not limited to, those permits issued by the U.S. Army Corps of
Engineers, the State Water Resources Control Board ("SWRCB"), California State
Department of Fish and Game and the Regional Water Quality Control Board. All
Licenses and Regulatory Permits secured by the Developer shall be reviewed by the Flood
Engineer prior to execution or acceptance by the Developer to determine whether the
conditions they specify are satisfactory to the Flood Control District to allow it to operate
and maintain the Flood Control Facilities.
Section 4.5. NPDES Compliance. The Developer shall prepare and
implement, or cause to be prepared and implemented, a Stormwater Pollution Prevention
Plan (SWPPP) in accordance with the requirement of the State's National Pollutant
Discharge Elimination System (NPDES) General Permit for Stormwater Discharges
Associated with Construction Activity (SWRCB Order No. 99-08 DWQ) and any
amendments thereto (the "General Permit"). The General Permit regulates both
stormwater and non-stormwater discharges associated with construction activities
required by this Joint Community Facilities Agreement.
The SWPPP shall identify site specific "Best Management Practices" ("BMP's") to
be implemented during and after construction to control pollution of Stormwater runoff
and receiving waters. The identified BMP's shall include, but not be limited to, "good
housekeeping" practices for the Construction Site such as establishing stabilized
construction access points, providing adequate sanitary/septic waste management,
designating vehicle and equipment cleaning/maintenance areas, employing proper
material handling and storage practices, maintaining adequate soil stabilization and
erosion control practices to control the discharge of pollutants from the Construction Site
and any activities thereon. The SWPPP shall also stipulate to an ongoing program for
monitoring and maintenance of all BMP's.
The Developer shall be solely responsible throughout the duration of constructing
the Flood Control Facilities for placing, installing, constructing, inspecting and
maintaining all BMP's identified in the SWPPP and amendments thereto and for
removing and disposing of temporary BMP's.
The Developer shall become fully informed of and comply with the applicable
provisions of the General Permit, Federal, State and local regulations that govern the
Developer's activities and operation pertaining to both stormwater and non-stormwater
discharges from the Construction Site of the Flood Control Facilities and any area of
disturbance outside said Construction Site relating to the Flood Control Facilities. The
Developer shall, at all times, keep copies of the General Permit, approved SWPPP and all
amendments at the Construction Site. The SWPPP shall be made available upon request
of a representative of the SWRCB, San Diego Regional Water Quality Control Board, or
the United States Environmental Protection Agency. The Developer shall, at reasonable
times, allow authorized agents of the above sited agencies, upon the presentation of
credentials to: (i) enter upon the Construction Site; (ii) have access to and copy any
records required to be kept as specified in the General Permit, (iii) inspect the
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Construction Site and determine whether related soil stabilization and sediment control
BMP's have been implemented and maintained, and (iv) sample or monitor stormwater or
non-stormwater runoff for purposes of ensuring compliance with the General Permit.
The Developer shall be solely and exclusively responsible for any arrangements
made between it and other property owners or entities that result in disturbance of land at
the Construction Site.
The Developer shall be responsible for all costs and for any liability imposed by
law as a result of the its failure to comply with the requirements set forth in this Section,
including but not limited to, compliance with the applicable provisions of the General
Permit and Federal, State and local regulations. For the purpose of this Section, costs and
liabilities include, but are not limited to, fines, penalties and damages whether assessed
against the Flood Control District, the City, the Authority, the Community Facilities
District or the Developer, including those levied under the Federal Clean Water Act and
the State's Porter-Cologne Water Quality Act.
Section 4.6. CaVOSHA. Confined Space Entrv. At all times during the
construction of the Flood Control Facilities, the Developer shall require all contractors to
comply with all Cal/OSHA safety regulations including regulations concerning confined
space and maintenance of a safe working environment for the Flood Control District, the
County, the City, the Authority and their respective employees on the site. This will
include the preparation of a confined space procedure specific for all storm drain
facilities. The procedure shall comply with requirements contained in Sections 5157 and
5158 of Title 8 of the California Code of Regulations and the Flood Control District's
"Confined Space Procedure, SOM-18." The confined space procedure is to be review and
approved by the Flood Engineer before proceeding with construction of the Flood Control
Facilities.
Section 4.7. Notice of Intent to Commence Construction. Not less than
twenty (20) Business Days prior to the date on which it intends to commence construction
on a Flood Control Facility, the Developer is to provide written "Notice of Intent" to the
Flood Engineer. Construction on the Flood Control Facility may not proceed until the
Flood Engineer issues a "Notice to Proceed" to the Developer, with a copy to the City
Engineer. The "Notice of Intent" is to include the following documents:
(a) Copies of all Licenses and Regulatory Permits secured pursuant to
Sections 4.4 and 4.5, above, including a copy of the Notice of Intent ("NO I") and
waste discharge identification number ("WDID No.") received from the SWRCB
pursuant to Section 4.5, above.
(b) Copies of the bonds required by Section 4.3(e), above.
(c) Construction Inspection Deposit required by Section 4.3(k), above. The
Flood Control District's construction inspection staff is limited and, therefore, the
issuance of a Notice to Proceed is subject to staff availability. In the event the
Developer wishes to expedite issuance of the Notice to Proceed, the Developer
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may elect to furnish an independent qualified construction inspector. The
Developer shall furnish appropriate documentation of the individual's credentials
and experience to the Flood Engineer for review and approval. The Flood
Engineer shall review the individual's qualifications and experience and, upon
approval, said individual shall be "deputized" and authorized to act on the Flood
Control District's behalf on all construction inspection and quality control matters.
If the Developer's initial construction inspection deposit furnished pursuant to
Section 4.3(k) exceeds the amount of $5,000, the Flood Control District shall
refund to the Developer up to eighty percent (80%) of the Developers initial
inspection deposit within forty (45) days of Flood Engineer's approval of the
"deputized" inspector; however, a minimum balance of $5,000 shall be retained in
the account.
(d) Duly executed irrevocable offer(s) of dedication to the public for flood
control purposes, including ingress and egress, for the rights of way deemed
necessary by the Flood Control District for the construction, inspection, operation
and maintenance of the Flood Control Facilities as provided for in Section 3.3
hereof.
(e) Preliminary reports of title dated not more than thirty (30) days prior to
date of submission for all property described in the irrevocable offer(s) of
dedication.
(f) A complete list of all contractors and subcontractors to be performing
work on the Flood Control Facilities, including the corresponding license number
and license classification of each. On said list, the Developer shall also identify
its designated superintendent for construction of the Flood Control Facilities.
(g) A construction schedule which shall show the order and dates in which the
Developer and the Developer's contractor proposes to carry on the various parts of
work, including estimated start and completion dates. As the construction
progresses the Developer shall update said construction schedule upon request.
(h) The final mylar plan and profile sheets for the Flood Control Facilities and
assign their ownership to the Flood Control District prior to the start of
construction of each Flood Control Facility.
(i) Certificates of insurance and endorsements as required by Section 4.12.,
below.
(j) The confined space procedure as required by Section 4.6, above.
(k) Zone 7 Maintenance deposit required by Section 4.3(1), above.
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Section 4.8. Bondin!! Requirements. The Developer shall post such
subdivision bonds as are required by the City in connection with the recording of all
subdivision maps for the Property. The Developer's obligations pursuant to this Section
will be considered satisfied, in part, through the contract performance bonds to be
provided by the Developer's contractors pursuant to Section 4.3( e) hereof.
Section 4.9. Additional Conditions to be Satisfied durin!! Construction.
(a) The Developer shall make a good faith effort to complete construction of
the Flood Control Facilities within eighteen (18) consecutive months after the date of
issuance of the Bonds It is expressly understood that since time is of the essence in this
Joint Community Facilities Agreement, failure of the Developer to perform the work
within the agreed upon time shall constitute authority for the Flood Control District to
cause the remaining work to be performed and the cost thereof to be paid from the
Acquisition Account, and should the amounts held in the Acquisition Account prove
insufficient to complete the Flood Control Facilities, the Flood Control District may
require the Developer's surety to pay to the Flood Control District the penal sum of any
and all bonds.
. (b) Construction of the Flood Control Facilities shall be on a five (5) day,
forty (40) hour workweek with no work on Saturday, Sundays or days designated by the
Flood Control District as legal holidays, unless otherwise approved by the Flood Control
District. If the Developer feels it is necessary to work more than normal forty (40) hour
workweek or on holidays, the Developer shall make a written request for permission from
the Flood Control District to work the additional hours (with a copy to the City Engineer).
The request shall be submitted to the Flood Control District at least 72 hours prior to the
request date for additional work hours and state the reasons for the overtime and the
specific time frames required. The decision granting permission for overtime work shall
be made by the Flood Control District at its sole discretion and shall be final. If
permission is granted, the Developer will be charged the cost incurred at the overtime
rates for additional inspection time required in connection with the overtime work in
accordance with Ordinances Nos. 671 and 749 ofthe County, including any amendments
thereto.
Section 4.10. Inspection: Completion of Construction. The Flood Engineer
shall have primary responsibility for providing inspection of the work of construction of
the Flood Control Facilities to ensure that the work of construction is accomplished in
accordance with the Plans approved by the Flood Control District. Flood Control District
staff shall have access to the Construction Site at all reasonable times for the purpose of
accomplishing such inspection.
The Developer is to provide the Flood Control District with written notice that it
considers construction of a Flood Control Facility to have been completed consistent with
the Plans and, upon receipt of said notice, Flood Control District's staff will provide
written confirmation that construction of the Flood Control Facility is complete consistent
with the approved Plans and the provisions of this Joint Community Facilities
Agreement. Upon receipt of both written notices, the Flood Engineer will in a timely
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manner notifY the City Engineer, the Developer and the Administrator that the Flood
Control Facility has been satisfactorily completed and that the Developer is to proceed
with the recording of a Notice of Completion with respect to such construction pursuant
to Section 3093 of the California Civil Code. The Developer is to provide a duplicate
copy of the recorded Notice of Completion to the City Engineer, the Administrator and
the Flood Control District. Within a reasonable time following receipt of the duplicate
copy of the recorded Notice of Completion and the Developer's compliance with other
provisions of Section 3.2 hereof, the Flood Control District will issue the written notice
required by said Section 3.2 that it will accept the Flood Control Facility into its
maintained system.
Section 4.11. Maintenance of Facilities; Warranties. The Developer shall
maintain the Flood Control Facilities in good and safe condition until the Acceptance
Date of the Flood Control Facilities. Prior to the Acceptance Date, the Developer shall be
responsible for maintaining the Flood Control Facilities in proper operating condition,
and shall perform such maintenance on the Flood Control Facilities as the Flood Engineer
reasonably determines to be necessary. As of the Acceptance Date, the performance bond
provided by the Developer for the Flood Control Facilities pursuant to Section 4.3(e)
hereof shall be reduced to an amount equal to 10% of the original amount thereof and
shall serve as a warranty bond to guarantee that the Flood Control Facilities will be free
from defects due to faulty workmanship or materials for a period of 12 months from the
Acceptance Date, or the Developer may elect to provide a new warranty bond or cash in
such an amount. As of the Acceptance Date, the Developer shall assign to Flood Control
District all of the Developer's rights in any warranties, guarantees, maintenance
obligations or other evidence of contingent obligations of third persons with respect to the
Flood Control Facilities.
Section 4.12. Insurance Requirements. Without limiting or diminishing the
Developer's obligation to indemnify or hold the Flood Control District, the County, the
City, Community Facilities District and the Authority harmless pursuant to Section 5.6
hereof, the Developer shall procure and maintain or cause to be procured and maintained,
at its sole cost and expense the following insurance coverages, or alternate coverages
acceptable to the County's Risk Manager, during the term of this Joint Community
Facilities Agreement:
(a) Commercial General Liability: Commercial General Liability
insurance overage, including but not limited to, premises liability, contractual
liability, products and completed operations, explosion, collapse, use of cranes,
and other heavy equipment and underground hazards, personal and advertising
injury covering claims which may arise from or out of the Developer's
performance of its obligations hereunder. Policy shall name by endorsement the
Flood Control District, the County, the City, the Community Facilities District,
the Authority, their respective directors, officers, Board of Supervisors, City
Council, Board of Directors, Legislative Body elected officials, employees, agents
or representatives as "Additional Insureds." Policy's limit ofliability shall not be
less than $2,000,000 per occurrence combined single limit. If such insurance
contains a general aggregate limit, it shall apply separately to this Joint
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Community Facilities Agreement or be no less than two (2) times the occurrence
limit.
(b) Vehicle Liability: The Developer shall maintain liability insurance
for all owned, non-owned or hired vehicles in an amount not less than $1,000,000
per occurrence combined single limit. If such insurance contains a general
aggregate limit, it shall apply separately to this Joint Community Facilities
Agreement or be no less than two (2) times the occurrence limit. Policy shall
name by endorsement the Flood Control District, the County, the City, the
Community Facilities District, the Authority, their respective directors, officers,
Board of Supervisors, City Council, Board of Directors, Legislative Body, elected
officials, employees, agents or representatives as "Additional Insureds."
(c) Worker's Compensation Insurance: The Developer shall maintain
Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the
State of California. Policy shall include Employers' Liability (Coverage B)
including Occupation Disease with limits not less than $1,000,000 per person per
accident. Policy shall be endorsed to waive subrogation in favor of the Flood
Control District, the County, the City, the Community Facilities District, the .
Authority; and if applicable, to provide a Borrowed Servant/Alternate Employer
Endorsement.
General Insurance Provisions - all lines:
(i) Any insurance carrier providing insurance coverage hereunder
shall be admitted to the State ofCalifomia and have an A.M. Best rating of not less than
an A:VIII (A:8) unless such requirements are waived, in writing, by the County's Risk
Manager.
(ii) The Developer's insurance carrier(s) must declare its insurance
deductibles or self-insured retentions. If such deductibles or self-insured retentions
exceed $500,000 per occurrence such deductibles and/or retentions shall have the prior
written consent of the County's Risk Manager before the commencement of operations
under this Joint Community Facilities Agreement. Upon notification of deductibles or
self-insured retentions which are deemed unacceptable to the Flood Control District, at
the election of the County's Risk Manager, the Developer's carriers shall either: (i)
reduce or eliminate such deductibles or self-insured retentions as respects this Agreement
with the Flood Control District, or (ii) procure a bond which guarantees payment oflosses
and related investigations, claims administration, defense costs and expenses.
(iii) The Developer shall cause its insurance carrier(s) to furnish the
Flood Control District and the City with (i) a properly executed original certificate(s) of
insurance and certified original copies of endorsements effecting coverage as required
herein; or (ii) evidence of coverage acceptable to the County's Risk Manager that may
include original certified copies of policies including all endorsements and all
attachments thereto, showing such insurance is in full force and effect.
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(iv) Further, said certificate(s) and endorsements to policies of
insurance shall contain the covenant of the insurance carrier( s) that it shall provide no less
than sixty (60) days written notice be given to the Flood Control District, the Community
Facilities District, the City and the Authority prior to any material modification or
cancellation of such insurance. In the event of a material modification or cancellation of
coverage, this Joint Community Facilities Agreement shall terminate forthwith, unless the
Flood Control District, the Community Facilities District, the City and the Authority
receives, prior to such effective date of said material modification or cancellation, another
properly executed original certificate of insurance and original copies of endorsements or
certified original policies, including all endorsements and attachments thereto evidencing
coverages and the insurance required herein is in full force and effect. Individual(s)
authorized by the insurance carrier to do so on its behalf shall sign the original
endorsements for each policy and the certificate of insurance.
(v) The Developer shall not commence construction of the Flood
Control Facilities until the Flood Control District, the County and the City have been
furnished either original certificate(s) of insurance and certified original copies of
endorsement, policies of insurance including all endorsements and any and all other
attachments as required in this Section, or other evidence of coverage acceptable to
County's Risk Manager.
(vi) It is understood and agreed by the parties hereto and the
Developer's insurance company(s) that the certificate(s) of insurance and policies shall so
covenant and shall be construed as primary insurance, and the Flood Control District's
insurance and/or deductibles and/or self-insured retentions or self-insured programs shall
not be construed as contributory.
(vii) The Developer may pass down to its principal contractors the
insurance obligations contained herein and will require it principal contractors to name on
their insurance policies by endorsement the Flood Control District, the County, the City,
Community Facilities District, the Authority, their respective directors, officers, Board of
Supervisors, City Council, Board of Directors, Legislative Body, elected officials,
employees, agents or representatives as "Additional Insureds." Copies of such certificates
and endorsements shall be provided to the Flood Control District and the City.
Section 4.13. Ownership of Facilities. (a) Notwithstanding the fact that some
or all of the Flood Control Facilities may be constructed in dedicated street rights of way
or on property which is owned by or has been or will be dedicated to the Flood Control
District, the County or the City, a Flood Control Facility shall be and remain the property
of the Developer until Acceptable Title to parcels not owned by the Flood Control
District, the County or the City with respect to such Flood Control Facility is conveyed to
the Flood Control District or the City, as appropriate, as provided herein. Ownership of
said parcels by the Developer or other third parties shall likewise not be affected by any
agreement that the Developer may have entered into or may enter into with the City
pursuant to the provisions of the Subdivision Map Act, Section 66410 et seq. ofthe Code,
and the provisions of this Section shall control.
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(b) The City is to own, maintain and operate those catch basins, connector
pipes and laterals, within those street rights-of-way within the City in which the Flood
Control Facilities are located. The City, by execution of this Agreement, grants to the
Developer the right to construct the Flood Control Facilities and to the Flood Control
District the right to inspect, operate and maintain the Flood Control Facilities located
within those City rights-of-way in which the Flood Control Facilities are located.
(c) The County is to own, maintain and operate those catch basins, connector
pipes and laterals, within those street rights-of-way within the County in which the Flood
Control Facilities are located. The County, by execution of this Agreement, grants to the
Developer the right to construct the Flood Control Facilities and to the Flood Control
District the right to inspect, operate and maintain the Flood Control Facilities located
within those County rights-of-way in which the Flood Control Facilities are located.
(d) The City is to maintain the structural integrity of the bridge structure
within its rights-or-way for North Loop Road and its right-of-way for Butterfield Stage
Road at the Santa Gertrudis Creek Channel and the portion of the bridge structure
between the two rights-of-way and grants to the Flood Control District the right to
remove silt and debris from this portion of the Santa Gertrudis Channel.
(e) The City is to maintain the structural integrity of the bridge structure
within its right-of-way for Butterfield Stage Road at the Long Valley Wash Channel and
grants to the Flood Control District the right to remove silt and debris from this portion of
the Long Valley Wash Channel.
(f) The Developer, or its successor(s) in interest, is to maintain the structural
integrity of the bridge structure located on Long Valley Wash Channel at North Loop
Road and grants to the Flood Control District the right to remove silt and debris from this
portion of the Long Valley Wash Channel.
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ARTICLE V
REPRESENTATIONS, WARRANTIES AND COVENANTS;
INDEMNIFICATION
Section 5.1. Revresentations. Warranties and Covenants of the Develover.
The Developer makes the following representations, warranties and covenants for the.
benefit of the Flood Control District, the County, the City and the Authority, as of the
date hereof:
(a) Organization. The Developer represents and warrants that it is a
limited liability company duly organized and validly existing under the laws ofthe
State, is in good standing under the laws of the State, and has the power and
authority to own its properties and assets and to carry on its business as now being
conducted and as now contemplated.
(b) Authoritv. The Developer represents and warrants that it has the
power and authority to enter into this Joint Community Facilities Agreement, and
has taken all action necessary to cause this Joint Community Facilities Agreement
to be executed and delivered, and this Joint Community Facilities Agreement has
been duly and validly executed and delivered on behalf of the Developer.
(c) Binding Obligation. The Developer represents and warrants that
this Joint Community Facilities Agreement is a valid and binding obligation of the
Developer and is enforceable against the Developer in accordance with its terms,
subject to bankruptcy, insolvency, reorganization or other similar laws affecting
the enforcement of creditors' rights in general and by general equity principles.
(d) Completion of Flood Control Facilities. The Developer covenants
that it will use its reasonable and diligent efforts to do all things that may be
lawfully required of it in order to cause the Flood Control Facilities to be
completed in accordance with this Joint Community Facilities Agreement.
(e) Proposed Improvements Not Shown on Plans. The Developer
covenants that it shall submit plans and specification to the Flood Control District,
and obtain the Flood Control District's approval thereof, prior to construction any
proposed improvements within the Flood Control District's future rights-of-way,
as set forth herein, which are not shown on the Plans.
(f) Compliance with Laws. The Developer covenants that, while the
Flood Control Facilities are owned by the Developer or required pursuant to this
Joint Community Facilities Agreement to be maintained by the Developer, it will
not commit, suffer or permit any of its agents, employees or contractors to commit
any act to be done in, upon or to the Flood Control Facilities in violation in any
material respect of any law, ordinance, rule, regulation or order of any
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governmental authority or any covenant, condition or restriction now or hereafter
affecting the Flood Control Facilities.
(g) Payment Requests. The Developer represents and warrants that (i)
it will not request payment from the Community Facilities District under this Joint
Community Facilities Agreement for the acquisition of any improvements that are
not part of a Flood Control Facility, and (ii) it will diligently follow all procedures
set forth in this Joint Community Facilities Agreement.
(h) Financial Records. Until the final Acceptance Date of all Flood
Control Facilities, the Developer covenants to maintain proper books of record
and account for the Flood Control Facilities and all costs related thereto. The
Developer covenants that such accounting books will be maintained in accordance
with generally accepted accounting principles, and will be available for inspection
by the Community Facilities District, the Flood Control District, the City and the
Authority, and their respective agents, at any reasonable time during regular
business hours on two (2) Business Days' prior written notice, subject to mutually
acceptable arrangements regarding the confidentiality of proprietary data.
(i) Hazardous Materials. The Developer represents and warrants that
neither the Developer, nor any subcontractor, agent or employee thereof will use,
generate, manufacture, procure, store, release, discharge or dispose of any
Hazardous Material on, under or about the Construction Site or the Flood Control
Facilities or transport any Hazardous Material to or from the Construction Site or
the Flood Control Facilities in violation of any federal, state or local law,
ordinance, regulation, rule, decision or policy statement regulating Hazardous
Material.
G) Permits. The Developer covenants that it will pursue in a
commercially reasonable manner all governmental or other permits or licenses
required to proceed with the construction of the Flood Control Facilities and that
it will pay all fees relating thereto. The Developer represents and warrants that to
the best of the Developer's knowledge, as of the date hereof, there is no material
legal impediment to the Developer's proceeding with and completing the
construction of the Flood Control Facilities or to the development of the
Construction Site as contemplated by the Developer, except for government or
other permits to be obtained.
(k) Environmental Matters. The Developer represents and warrants
that to its present actual knowledge all governmental agencies have complied
with, CEQA as required for the construction of the Flood Control Facilities and
their conveyance to the Flood Control District.
Section 5.2. Representations. Warranties and Covenants of the Authoritv.
The Authority makes the following representations, warranties and covenants for the
benefit ofthe Flood Control District, the County, the City and the Developer:
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(a) Authoritv. The Authority represents and warrants that the
Authority has the power and authority to enter into this Joint Community
Facilities Agreement, and has taken all actions necessary to cause this Joint
Community Facilities Agreement to be executed and delivered, and this Joint
Community Facilities Agreement has been duly and validly executed and
delivered on behalf of the Authority.
(b) Binding Obligation. The Authority represents and warrants that
this Joint Community Facilities Agreement is a valid and binding obligation of the
Authority and is enforceable against the Authority in accordance with its terms,
subject to bankruptcy, insolvency, reorganization or other similar laws affecting
the enforcement of creditors' rights in general and by general equity principles.
(c) Payment Requests. The Authority represents and warrants that
Authority will follow all procedures applicable to it set forth in this Joint
Community Facilities Agreement.
(d) Financial Records. Until the final Acceptance Date, the Authority
covenants to maintain, or cause to be maintained, books of record and account for
the Special Taxes and the Bonds in accordance with the requirements of the Code.
The Authority covenants that such accounting books will be maintained in
accordance with generally accepted accounting principles applicable to
governmental entities, and will be available for inspection by the Developer and
its agents at any reasonable time during regular business hours on two Business
Days prior written notice.
Section 5.3. Renresentations, Warranties and Covenants of the Flood
Control District. The Flood Control District makes the following representations,
warranties and covenants for the benefit of the Authority, the City, the County and the
Developer:
(a) Authority. The Flood Control District represents and warrants that
the Flood Control District has the power and authority to enter into this Joint
Community Facilities Agreement, and has taken all action necessary to cause this
Joint Community Facilities Agreement to be executed and delivered, and this
Joint Community Facilities Agreement has been duly and validly executed and
delivered on behalf of the Flood Control District.
(b) Binding Obligation. The Flood Control District represents and
warrants that this Joint Community Facilities Agreement is a valid and binding
obligation of the Flood Control District and is enforceable against the Flood
Control District in accordance with its terms, subject to bankruptcy, insolvency,
reorganization or other similar laws affecting the enforcement of creditors' rights
in general and by general equity principles.
(c) Comnletion of Flood Control Facilities. The Flood Control
District covenants that it will use its reasonable and diligent efforts to take
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expeditiously all actions that may be lawfully required of it in issuing permits,
processing and approving Plans and inspecting the Flood Control Facilities in
accordance with this Joint Community Facilities Agreement.
(d) Payment ReQuests. The Flood Control District represents and
warrants that the Flood Control District will follow all procedures applicable to it
set forth in this Joint Community Facilities Agreement.
Section 5.4. Representations. Warranties and Covenants of City. The City
makes the following representations, warranties and covenants for the benefit of the
Authority, the Flood Control District, the County and the Developer:
(a) Authority. City represents and warrants that City has the power
and authority to enter into this Joint Community Facilities Agreement, and has
taken all action necessary to cause this Joint Community Facilities Agreement to
be executed and delivered, and this Joint Community Facilities Agreement has
been duly and validly executed and delivered on behalf of City.
(b) Binding Obligation. City represents and warrants that this Joint
Community Facilities Agreement is a valid and binding obligation of City and is
enforceable against City in accordance with its terms, subject to bankruptcy,
insolvency, reorganization or other similar laws affecting the enforcement of
creditors' rights in general and by general equity principles.
(c) Completion of Flood Control Facilities. The City covenants that it
will use its reasonable and diligent efforts to take expeditiously all actions that
may be lawfully required of it in issuing permits and processing and approving
Plans in accordance with this Joint Community Facilities Agreement.
(d) Pedestrian Bridge/Long Valley Wash Channel. The City coyenants
that it will cause all plans that are submitted to it regarding the pedestrian bridge
that is to cross the Long Valley Wash Channel to also be provided to the Flood
Engineer for review and approval.
(e) CEOA Compliance. On November 26,2002, the City Council of
the City adopted Resolution No. 02-111 entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA,
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT
PREPARED FOR THE RORIPAUGH RANCH SPECIFIC PLAN AND
RELATED PLANNING APPLICATIONS ACTIONS AND ADOPTING THE
ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, AND THE STATE CEQA
GUIDELINES, A MITIGATION MONITORING AND REPORTING
PROGRAM AND A STATEMENT OF OVERRIDING CONSIDERATIONS IN
CONNECTION THEREWITH FOR THE RORIPAUGH RANCH SPECIFIC
PLAN, LOCATED NEAR THE FUTURE INTERSECTION OF BUTTERFIELD
STAGE ROAD AND NICOLAS ROAD. (PLANNING APPLICATION 94-
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0076)." The Notice of DetermiD.ation for the Roripaugh Ranch Final EIR'
approved by Resolution No. 02-111 was posted in the Riverside County Clerk's
Office on November 27,2002 as required by law. All of the public improvements
which are to be funded by Temecula Public Fmancing AuthoritY Community
Facilities District No. 03-02 (Roripaugh Ranch), including, without limitation, the
. public improvements identified in this Agreement, were described, evaluated, and
. studied as part of the Roripaugh Ranch EIR and Council Resolution No.. 02-111.
Additionally, on August 24,2004, the Board of Directors of the Temecula Public
Financing Authority adopted Resolution No. TPFA 04-08 entitled "A
RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA.
PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO
ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE
THE LEVY OF SPECIAL TAXES THEREIN - RORIPAUGH RANCH 03-02,"
which was subsequently amended by Resolution No. TPFA 04-10 adopted on
September 28,2004. In Section 14 of Resolution No. TPFA 04-08, as amended,
the Board found that: "no significant changes have occurred with respect to the
project or the environment which require further study or which render invalid the
conclusions and findings of the Ronpaugh Ranch EIR. No facts exist upon which
any findings pursuant to Sections 15162, 15163, 15165 of the State CEQA
Guidelines could be based to require the preparation of a subsequent EIR,
Supplemental EIR or addendum to an EIR."
Section 5.5. Representations. Warranties and Covenants of County: The
County makes. the following representations, warranties and covenants for the benefit of
the Authority, the City, the Flood Control District and the Developer: .
(a) Authority. CoUnty represents and warrants that County has the
power and authority to enter into this Joint Community Facilities Agreement, and
has taken all action necessary to cause this Joint Community Facilities Agreement
to be executed and delivered, and this Joint Community Facilities Agreement has
been duly and validly executed and delivered on behalf of County.
(b) Binding Obligation. County represents and warrantS that this Joint
Community Facilities Agreement is a valid. and binding obligation of County and
is enforceable against County in accordance with its terms, subject to bankruptcy,
insolvency, reorganization or other similar laws affecting the enforcement of
creditors' rights in general and by general equity principles.
(c) Completion of Flood Control Facilities. The County covenants.
that it will use its reasonable and diligent efforts to take expeditiously all actions
that may be lawfully required of it in issuing permits and processing and
approving Plans in accordance with this Joint Community Facilities Agreement.
Section 5.6; The Developer Indemnification. The Developer agrees to
protect, indemnify, defend and .hold the Authority, the Community Facilities District, the
Flood Control District, the County, the City, and their respective directors, officers, Board
of Supervisors, Board of Directors, the Legislative Body, City Council, elected officials,
CFD No. 03-02 (Roripaugh Ranch) - JCF A
Flood Control Facilities - Execution Copy 29
employees, representatives and agents (the "Indemnified Parties"), and each of them,
harmless from and against any and all claims, losses, expenses, suits, actions, decrees,
judgments, awards, reasonable attorney's fees, and court costs which the Indemnified
Parties, or any combination thereof, may suffer or which may be sought against or
recovered or obtained from the Indemnified Parties, or any combination thereof, as a
result of or by reason of or arising out of or in consequence of (a) the approval of this
Joint Community Facilities Agreement, (b) the acquisition, construction, or installation of
the Flood Control Facilities, (c) for the design, construction, or failure of the Flood
Control Facilities or an assertion, pursuant to Article I, Section 8 of the California
Constitution, the Fifth Amendment of the United States Constitution, or any other law or
ordinance which seek to impose any other liability or damage whatsoever, from the
diversion of the waters from their natural drainage patterns, or from the discharge of
drainage from the Flood Control Facilities, (d) the untruth or inaccuracy of any
representation or warranty made by the Developer in this Joint Community Facilities
Agreement or in any certifications delivered by the Developer hereunder, or (e) any act or
omission of the Developer or any of its contractors, subcontractors, or their respective
officers, employees or agents, in connection with the Flood Control Facilities. If the
Developer fails to do so, the Indemnified Parties, or each of them, shall have the right, but
not the obligation, to defend the same and charge all of the direct or incidental costs of
such defense, including reasonable attorneys' fees or court costs, to and recover the same
from the Developer.
No indemnification is required to be paid by the Developer for any claims, losses,
expenses, suits, actions, decrees, judgments, awards, reasonable attorney Fees, and court
costs (a) arising directly from the willful misconduct or sole and active negligence of the
Indemnified Parties or (b) arising from the use or operation of a Flood Control Facility
after the Acceptance Date of the Flood Control Facility, unless such claim, loss or
expense results from the defective or improper design, acquisition, construction or
installation of such Flood Control Facility by the Developer or its agents.
The provisions of this Section shall survive the termination of this Joint
Community Facilities Agreement.
CFD No. 03-02 (Roripaugh Ranch) - JCF A
Flood Control Facilities - Execution Copy 30
ARTICLE VI
MISCELLANEOUS
Section 6.1. DeveloDer as IndeDendent Contractor. In performing under this
Joint Community Facilities Agreement, it is mutually understood that the Developer is
acting as an independent contractor, and not as an agent of the Authority, the Community
Facilities District, the Flood Control District, the County or the City. Neither the
Authority, the Flood Control District, the County nor the City shall have any
responsibility for payment to any contractor, subcontractor or supplier of the Developer.
The Community Facilities District shall not have any responsibility for payment to any
contractor, subcontractor or supplier of the Developer unless such entity or individual is
specifically listed as a payee on the Payment Request submitted by the Developer
pursuant to this Joint Community Facilities Agreement in which case the Community
Facilities District shall be responsible for making such payment only if such Payment
Request is approved pursuant to the provisions of this Joint Community Facilities
Agreement and only from funds available in the hnprovement Fund..
Section 6.2. Other Al!reements. Nothing contained herein shall be construed
as affecting the Flood Control District, the County, the City or the Developer's respective
duty to perform their respective obligations under other agreements, land use regulations
or subdivision requirements relating to the development of the Property, which
obligations are and shall remain independent of the Developer's rights and obligations,
and the Flood Control District, the County and the City's rights and obligations, under
this Joint Community Facilities Agreement; provided, however, that the Developer shall
use its reasonable and diligent efforts to perform each and every covenant to be
performed by it under any lien or encumbrance, instrument, declaration, covenant,
condition, restriction, license, order, or other agreement, the nonperformance of which
could reasonably be expected to materially and adversely affect the acquisition,
construction and installation ofthe Flood Control Facilities.
Section 6.3. Bindinl! on Successors and Assil!ns. Neither this Joint
Community Facilities Agreement nor the duties and obligations of the Developer
hereunder may be assigned to any person or legal entity other than an affiliate of the
Developer without the written consent of the Authority, the Community Facilities
District, the Flood Control District, the County and the City, which consent shall not be
unreasonably withheld or delayed. Neither this Joint Community Facilities Agreement
nor the duties and obligations of Authority, the Flood Control District, the County the
City or the Community Facilities District hereunder may be assigned to any person or
legal entity, without the written consent of the Developer, which consent shall not be
unreasonably withheld or delayed. The agreements and covenants included herein shall
be binding on and inure to the benefit of any partners, permitted assigns, and successors-
in-interest ofthe parties hereto.
CFD No. 03-02 (Roripaugh Ranch) - JCFA
Flood Control Facilities - Execution Copy
31
Section 6.4. Amendments. This Joint Community Facilities Agreement can
only be amended by an instrument in writing executed and delivered by the Authority, the
Flood Control District, the County, the City and the Developer. Notwithstanding the
foregoing, Exhibit B may be supplemented consistent with Section 3.4 and 3.6 above.
Section 6.5. Waivers. No waiver of, or consent with respect to, any provision
of this Joint Community Facilities Agreement by a party hereto shall in any event be
effective unless the same shall be in writing and signed by such party, and then such
waiver or consent shall be effective only in the specific instance and for the specific
purpose for which it was given.
Section 6.6. No Third PartY Beneficiaries. Other than the Community
Facilities District when formed, no person or entity shall be deemed to be a third party
beneficiary hereof, and nothing in this Joint Community Facilities Agreement (either
expressed or implied) is intended to confer upon any person or entity, other than the
Authority, the Community Facilities District, the Flood Control District, the County, the
City and the Developer (and its respective successors and assigns), any rights, remedies,
obligations or liabilities under or by reason of this Joint Community Facilities Agreement.
Section 6.7. Notices. Any written notice, statement, demand, consent,
approval, authorization, offer, designation, request or other communication to be given
hereunder shall be given to the party entitled thereto at its address set forth below, or at
such other address as such party may provide to the other party in writing from time to
time, namely:
Flood Control District:
Riverside County Flood Control and
Water Conservation District
Attn: Mark H. Wills
1995 Market Street
Riverside, California 92501
Telephone: (951) 955-1200
Fax: (951) 955-788-9965
County:
Director of Transportation
County of Riverside
4080 Lemon Street, 8th Floor
Riverside, California 92501
Telephone: (951) 955-6740
Fax: (951) 955-3198
City:
Director of Public Works
City of Temecula
43200 Business Park Drive
Temecula, California 92590
Telephone: (951) 694-6411
Fax: (951) 694-6475
CFD No. 03-02 (Roripaugh Ranch) - JCF A
Flood Control Facilities - Execution Copy
32
Authority:
Temecula Public Financing Authority
Treasurer
43200 Business Park Drive
Temecula, California 92590
Telephone: (951) 694-6430
Fax: (951) 694-6479
Developer:
Richard K. Ashby
Ashby USA, LLC
407 East Harrison Street
Corona, California 92879
Telephone: (951) 898-1692
Fax: (951) 898-1693
Each such notice, statement, demand, consent, approval, authorization, offer,
designation, request or other communication hereunder shall be deemed delivered to the
party to whom it is addressed (a) if personally served or delivered, upon delivery, (b) if
given by electronic communication, whether by telex, telegram or telecopier, upon the
sender's receipt of a document confirming satisfactory transmission, (c) if given by
registered or certified mail, return receipt requested, deposited with the United States mail
postage prepaid, 72 hours after such notice is deposited with the United States mail, (d) if
given by overnight courier, with courier charges prepaid, 24 hours after delivery to said
overnight courier, or (e) if given by any other means, upon delivery at the address
specified in this Section.
Section 6.8. Jurisdiction and Venue. Each of the Authority, the Community
Facilities District, the Flood Control District, the County, the City and the Developer (a) .
agrees that any suit action or other legal proceeding arising out of or relating to this Joint
Community Facilities Agreement shall be brought in state or local court in the County of
Riverside or in the Courts of the United States of America in the district in which said
County is located, (b) consents to the jurisdiction of each such court in any suit, action or
proceeding, and (c) waives any objection that it may have to the laying of venue or any
suit. action or proceeding in any of such courts and any claim that any such suit, action or
proceeding has been brought in an inconvenient forum. Each of the Authority, the
Community Facilities District, the Flood Control District, the County, the City and the
Developer agrees that a final and non-appealable judgment in any such action or
proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the
judgment or in any other manner provided by law.
Section 6.9. Attornevs' Fees. If any action is instituted to interpret or enforce
any of the provisions of this Joint Community Facilities Agreement, the party prevailing
in such action shall be entitled to recover frorn the other parties thereto reasonable
attorney's fees and costs of such suit (including both prejudgment and post judgment fees
and costs) as determined by the court as part of the judgment.
CFD No. 03-02 (Roripaugh Ranch) - JCF A
Flood Control Facilities - Execution Copy
33
Section 6.10. Governinl! Law. This Joint Community Facilities Agreement and
any dispute arising hereunder shaH be governed by and interpreted in accordance with the
laws of the State applicable to contracts made and performed in the State.
Section 6.11 Usal!e of Words. As used herein, the singular of any word
includes the plural, and terms in the masculine gender shaH include the feminine.
Section 6.12. Counterparts. This Joint Community Facilities Agreement may
be executed in counterparts, each of which shaH be deemed an original.
Section 6.13 Interpretation. The parties to this Joint Community Facilities
Agreement and their counsel have reviewed and revised this Joint Community Facilities
Agreement, and the normal rule of construction to the effect that any ambiguities in an
agreement are to be resolved against the drafting parties shall not be employed in the
interpretation of this Joint Community Facilities Agreement.
Section 6.14. Desil!nation of Party's Representative. Each partyis to prepare a
certificate designating the person or persons that are to serve as the liaison between the
Flood Control District, the County, the City, and the Community Facilities District
regarding design, engineering and construction of the Flood Control Facilities. The
certificates are to contain an original and specimen signature of each designated person.
The certificates are to be provided to the Flood Control District, the County, the City, and
the Community Facilities District at the time the series of the Bonds are issued.
[Balance of Page Intentionally Left Blank]
CFD No. 03-02 (Roripaugh Ranch) - JCFA
Flood Control Facilities - Execution Copy
34
IN WITNESS WHEREOF, the parties hereto have executed this Joint
Community Facilities Agreement as ofthe day and year first hereinabove written.
RIVERSIDE COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
RECOMMEND FOR APPROVAL:
By
By:
WARREN D. WILLIAMS
General Manager-Chief Engineer
Chairman, Board of Supervisors of the Flood
Control and Water Conservation District
ATTEST:
NANCY ROMERO, Clerk to the
Riverside County Flood Control and
Water Conservation District Board of Supervisors
By:
Deputy Clerk
APPROVED AS TO FORM:
WILLIAM C. KATZENSTEIN,
County Counsel
By:
Deputy County Counsel
COUNTY OF RIVERSIDE
RECOMMEND FOR APPROVAL:
By
By:
GEORGE A. JOHNSON
Director of Transportation
MARION ASHLEY
Chairman, Board of Supervisors
ATTEST:
NANCY ROMERO, Clerk to the
Board of Supervisors
By:
Deputy Clerk
CFD No. 03-02 (Roripaugh Ranch) - JCF A
Flood Control Facilities - Execution Copy 35 .
CITY OF TEMECULA
ATTEST:
City Clerk
By:
Mayor
By:
APPROVED AS TO FORM:
City Attorney
By:
Peter Thorson
TEMECULA PUBLIC FINANCING AUTHORITY
ATTEST:
Secretary
By:
Chairperson, Board of Directors
By
[Signatures continued on next page]
CFD No. 03-02 (Roripaugh Ranch) - JCF A
Flood Control Facilities - Execution Copy 36
CFD No. 03-02 (Roripaugh Ranch) - JCF A
Flood Control Facilities - Execution Copy
ASHBY USA, LLC,
a California limited liability company
By: Ashby Development Company, Inc.,
a California Corporation,
its Managing Member
By:
Justin K. Ashby,
President
By: USA Investment Partners, LLC,
a Nevada limited liability company,
its Member
By: USA Commercial Mortgage Company
a Nevada corporation,
its non-Member Manager
By:
Joseph D. Milanowski,
President
37
EXHIBIT A
Proposed Boundary Map of
Temecula Public Financing Authority
Community Facilities District No. 03-02 (Roripaugh Ranch)
CFD No. 03-02 (Roripaugh Ranch) - JCFA
Flood Control Facilities - Execution Copy
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EXHIBIT B
FLOOD CONTROL FACILITIES
Temecula Public Financing Authority
Community Facilities District No. 03-02 (Roripaugh Ranch)
Acquisition Cost
Facility No.1: Long Valley Wash: (Sta. 38+00.00 to 98+41.53)1
A variable width (150':l: to 340':l:) by 6,065':l: long earthen
and Armorflex lined trapezoidal channel extending from
500':l: west of Butterfield Stage Road to East Tract Boundary,
with transition structures, two road crossings, flow-by basin, ,
rip rap dissipaters, headwalls, wing walls, miscellaneous
cutoff walls, security fencing and gates, and a 16' wide paved
maintenance road paralleling both sides of the channel.
$ 7,762,515
Facility No.2: Santa Gertrudis Channel: (From Habitat Area
to Westerly Boundary ofM.W.D. Easement)1
A variable width (300':l: to 540':l:) by 8,170':l: long earthen
and Armorflex lined trapezoidal channel extending from
westerly boundary ofM.W.D. easement to habitat area, with
transition structures, two road crossings, flow-by basin, rip
rap dissipater, headwalls, wing walls, miscellaneous cutoff
walls, security fencing and gates, and a 16' wide paved
maintenance road paralleling both sides of the channel.
$ 3,161,086
Facility No.3: Line "F" (Sta. 30+29.42 to 31+63.86)
Consists of 134.44':l: of 60" RCP from centerline of
Butterfield Stage to inlet structure easterly ofR.O.W., joining
existing 60" CIPP, with headwall, wingwall, inlet structure,
trash rack, and concrete aprons.
$ 49,195
IThe work required to complete bolh channels will include, but is not limited to, all necessary clearing and
grubbing, temporary bypass channel construction and removal, dewatering, temporary shoring, grading,
excavation, backfill, construction of any necessary appurtenances including junction structnres, cutoff walls,
access roads, right-of-way fencing, flow by basins and any necessary work or utility relocation costs
required to facilitate the completion of the channels.
CFD No. 03-02 (Roripaugh Ranch) - JCF A
Flood Control Facilities - Execution Copy
B-1
Facility No.4: Line "J" (Sta. 10+00.00 to 20+39.56)
Consists ofI,039.32'~ of 72" RCP from westerly of R.O.W.
of Butterfield Stage to inlet structure easterly ofR:O.W., with
manholes, junction structures, headwall, inlet structure, and
concrete aprons.
Facility No.5: Line "M" (Sta. 9+91.25 to 19+23.50)
Consists of 428.87'j: of 54" RCP and 490.00"j: of 42" RCP
from outlet structure westerly ofR.O.W. of Butterfield Stage
to transition structure at station 19+23.50, with manholes,
junction structures, headwall, and outlet structure
TOTAL
Acquisition Cost
$ 397,111
$ 400,787
$11,770,694
CFD No. 03-02 (Roripaugh Ranch) - JCF A
Flood Control Facilities - Execution Copy
B-2
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\ EXHIBIT "B-2"
,
RIVERSIDE COUNTY FLOOD CONTROL AND WA TER
,
\ CONSERVA TION IMPROVEMENTS
---l RORIPAUGH RANCH TRACT 29353
\
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I ,1,T":;i!: I~t~)~-- ~ EXHIBIT "C-2"
I "'-:-~c~IJ! : HI' il:i RIVERSIDE COUNTY FLOOD CONTROL AND WA TER
II, /[< )'-'-,J. ~.:l-_-,---- CONSERVATION PARCELS AND EASEMENTS
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fill STORMORAIN
EASEMENT
. INGRESS/EGRESS
EXHIBIT D
PAYMENT BOND
(Public Work - Civil Code Section 3247 et seq.)
The makers of this Bond are as Principal and Original Contractor and
, a corporation, authorized to issue Surety Bonds in California, as
Surety, and this Bond is issued in conjunction with that certain public works contract dated as of July I,
2003, between Principal, as owner, for
dollars ($ ) the total amount payable. THE AMOUNT
OF THIS BOND IS 100% OF SAID SUM. Said contract is for public work of those certain
as defmed and described in said agreement entitled: "Joint
Conununity Facilities Agreement by and among Riverside County Flood Control And Water Conservation
District, County of Riverside, City of Temecula, Temecula Public Financing Authority, and Ashby USA,
LLC" dated as of November 1,2004
The beneficiaries of this Bond are as is stated in 3248 of the Civil Code and the requirements and
conditions of this Bond are as is set forth in Sections 3248, 3249, 3250 and 3252 of said Code. Without
notice, Surety consents to extension of time for performance, ,change in requirements, amount of
compensation, or prepayment under said Contract.
Signed and Sealed this
Day of
200_
(Finn Name - Principal)
(Business Address)
Affix Seal
if
Corporation
By:
(Signature - Attach Notary's Acknowledgment)
(Title)
(Corporation Name - Surety)
(Business Address)
Affix
Corporate
Seal
By:
(Signature - Attached Notary's Acknowledgment)
ATTORNEY-IN-FACT
(Title-Attach Power of Attorney)
CFD No. 03-02 (Roripaugh Ranch) - JCF A
Flood Control Facilities - Execution Copy
D-l
PERFORMANCE BOND
The makers of this Bond, as Principal, and
as Surety, are held and finnly bound unto
hereinafter called the Owner, in the sum of Dollars ($ ) for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors,
jointly and severally, fmnly by these presents.
The condition of this obligation is such, that whereas the Principal entered into a certain contract, hereto attached, with
the Owner, dated as of , 200_ for those certain as defmed and
described in said agreement entitled: "Joint Conununity Facilities Agreement by and among Riverside County Flood
Control and Water Conservation District, County of Riverside, City of Temecula, Temecula Public Financing Authority,
and Ashby USA, LLC" dated as of November I, 2004.
Now therefore, if the Principal shall well and truly perform and fulfill all the undertakings covenants, tenns, conditions
and agreements of said Contract during the original term of said Contract and any extension thereof that may be granted
by the Owner, with or without notice to the Surety, and during the file of any guarantee required under the Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, tenns, conditions, and agreements of any and
all duly authorized modifications of said Contract that may thereafter be made, then this obligation to be void, otherwise
to remain in full force and virtue, Without notice, Surety consents to extension of time for performance, change in
requirements, change in compensation or prepayment under said Contract.
Signed and Sealed this
Day of
,200_
(Firm Name - Principal)
Affix Seal
if Corporation
(Business Address)
By:
(Signature - Attach Notary's Acknowledgment)
(Title)
(Corporation Name - Surety)
(Business Address)
. Affix
Corporate
Seal
By:
(Signature - Attach Notary's Acknowledgment)
ATIORNEY-IN-FACT
(Title-Attach Power of Attorney)
CFD No, 03-02 (Roripaugh Ranch) - JCFA
Flood Control Facilities - Execution Copy
D-2
EXHIBIT E
FORM OF PAYMENT REQUEST
Temecula Public Financing Authority
Community Facilities District No. 03-02 (Roripaugh Ranch)
Ashby USA, LLC hereby requests payment of the Purchase Price for the Flood
Control Facility described in Attaclunent A attached hereto. Capitalized undefined terms
shall have the meanings ascribed thereto in the Joint Community Facilities Agreement,
dated as of November 1, 2004 (the "Joint Community Facilities Agreement"), by and
among Riverside County Flood Control and Water Conservation District (the "Flood
Control District"), County of Riverside (the County"), City of Temecula (the "City"),
Ternecula Public Financing Authority and Ashby USA, LLC (the "Developer"). In
connection with this Payment Request, the undersigned hereby represents and warrants to
the Flood Control District as follows:
1. The undersigned is a Party Representative, qualified to execute this request
for payment on behalf of the Developer and is knowledgeable as to the matters set forth
herein.
2. The Developer has submitted or submits herewith to the Flood Engineer
and the City Engineer as-built drawings or similar Plans and specifications for the Flood
Control Facility for which payment is requested, and such drawings or plans and
specifications, as applicable, are true, correct and complete.
3. The Flood Control Facility has been constructed in accordance with the
Plans therefor, and in accordance with all applicable Flood Control District standards and
the requirements of the Joint Community Facilities Agreement, and the as-built drawings
or similar Plans and specifications referenced in paragraph 2 above.
4. There has not been filed with or served upon the Developer notice of any
lien, right to lien or attaclunent upon, or claim affecting the right to receive the payment
requested herein which has not been released or will not be released simultaneously with
the payment of such obligation, other than material men's or mechanics' liens accruing by
operation of law. Copies of lien releases for all work for which payment is requested
hereunder are attached hereto.
5. The representations and warranties of the Developer set forth in Section
5.1 of the Joint Community Facilities Agreement are true and correct on and as of the
date hereof with the same force and effect as if made on and as of the date hereof.
CFD No. 03-02 (Roripaugh Ranch) - JCF A
Flood Control Facilities - Execution Copy
E-l
I hereby declare under penalty of perjury that the above representations and
warranties are true and correct.
Date:
Developer '
By:
Party Representative
CFD No, 03-02 (Roripaugh Ranch) - JCF A
Flood Control Facilities - Execution Copy
E-2
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APPROVAL BY THE FLOOD ENGINEER
The Flood Engineer confirms that the Flood Control Facility described in
Attachment A-I has been constructed in accordance with the Plans therefor. The Actual
Cost of each Flood Control Facility as described in Attachment A-I has been reviewed,
verified and approved by the Flood Engineer. The Purchase Price for said Flood Control
Facility is established at $ . Payment of the Purchase Price for the Flood
Control Facility is hereby approved.
Date:
FLOOD CONTROL ENGINEER
By:
CFD No. 03-02 (Roripaugh Ranch) - JCF A
Flood Control Facilities - Execution Copy
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EXHIBIT F
LICENSE AGREEMENT
The RIVERSIDE COUNTY FLOOD CONTROL
CONSERVATION DISTRICT, hereinafter called "DISTRICT",
TEMECULA, hereinafter called "CITY", hereby agree as follows:
AND WATER
and the CITY OF
RECITALS
A. Pursuant to the Joint Community Facilities Agreement, hereinafter called
the "AGREEMENT", dated as of November 1, 2004 by and among DISTRICT, CITY,
Temecula Public Finance Authority and Ashby USA, LLC, hereinafter called
"DEVELOPER", DEVELOPER is to construct approximately 6,065 lineal feet of the
Long Valley Wash Channel that is to be a variable width, earthen and Armorflex lined
trapezoidal channel extending from Station No. 38+00.00 to Station No. 98+41.53 and
includes a 16 feet wide paved maintenance roads paralleling both sides of the channel and
a pedestrian bridge ("CHANNEL") that is within the boundaries of the Temecula Public
Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) (the
"Community Facilities District").
B. CHANNEL has been designed to collect and convey storm and flood
waters emanating from the Long Valley Wash watershed. Pursuant to said
AGREEMENT, DISTRICT is to accept CHANNEL right of way for ownership upon its
completion of construction and transfer of the necessary fee interest to DISTRICT. Said
right of way, hereinafter called the "CHANNEL RIGHT-OF - WAY", which consists of
three (3) parcels and is shown in concept in red on Exhibit "A" attached hereto and made
a part hereof, and does not include any road or pedestrian crossing to be owned by either
CITY or DEVELOPER. '
C. CHANNEL is an essential and critical component of the proposed flood
protection and drainage infrastructure for the Long Valley Wash drainage area. Upon
acceptance by DISTRICT, CHANNEL will become an integral element of DISTRICT'S
maintained system of flood protection works.
D. The flood hazard associated with Long Valley Wash is sporadic in nature;
thus, portions of the CHANNEL RIGHT-OF-WAY may be utilized for certain public
recreation uses including pedestrian, equestrian and bicycling.
CFD No, 03-02 (Roripaugh Ranch) - JCFA
Flood Control Facilities - Execution Copy
F-l
E. As set forth herein, DISTRICT is willing to allow the public to utilize the
CHANNEL RIGHT -OF- WAY for purposes of accommodating appropriate recreational
uses, provided (i) said uses do not compromise CHANNEL's primary flood protection
purpose, (ii) said uses do not unduly interfere with DISTRICT'S ability to operate and
maintain CHANNEL and (iii) DISTRICT is held harmless and indemnified against any
claims that may result from the public's use of CHANNEL RIGHT-OF-WAY for
recreational purposes.
F. As set forth herein, CITY is willing to extend an easement to DISTRICT,
for the removal of silt and debris at road crossings, and the CITY is willing to indemnifY
and hold DISTRICT harmless against any claims resulting from the public's use of the
RCFC PARCEL or CITY's responsibilities in connection therewith or the condition
thereof.
G. It is in the public interest to proceed with this License Agreement.
NOW, THEREFORE, the parties hereto mutually agree as follows:
ARTICLE I
DISTRICT shall:
I. Grant to CITY a license to utilize CHANNEL RIGHT-OF-WAY for
public recreation purposes which are not incompatible with CHANNEL's primary flood
protection purpose and function and which do not otherwise interfere with or impair the
DISTRICT'S ability to operate and maintain CHANNEL or any of its appurtenant works.
Said license shall remain in effect indefinitely so long as CITY's use of the CHANNEL
RIGHT -OF- WAY is so limited.
2. Give written notice to CITY of any use of CHANNEL RIGHT -OF- WAY
that is not in conformity with this License Agreement or which may adversely affect the
flood protection function of CHANNEL, and grant to CITY thirty (30) days from and
after such notice to correct any such nonconforming use.
3. With regard to the use of CHM'NEL RIGHT-OF-WAY as set forth
herein, DISTRICT reserves the right to require remediation, and, if remediation is
unsuccessful, to terminate this License Agreement if, in the opinion of the General
Manager-Chief Engineer, the public's use of the CHANNEL RIGHT-OR-WAY results in,
or contributes to, a public hazard, a public nuisance, a degradation of water quality, or any
other matter of substantive concern to the DISTRICT.
CFD No. 03-02 (Roripaugh Ranch) - JCF A
Flood Control Facilities - Execution Copy
F-2
ARTICLE II
CITY shall:
1. Within CHANNEL RIGHT-OR-WAY, assume sole responsibility for
ensuring the public's safety and enjoyment thereof, including but not limited to assuming
all liability associated with the recreational use of CHANNEL RIGHT-OF-WAY,
including claims of third persons for injury or death or damage to property. Said
obligation shall not include any inverse condemnation liability of DISTRICT by reason of
the location of CHANNEL RIGHT-OF - WAY or CHANNEL unless such liability is the
result of CITY's operations or use of the property by the public pursuant to CITY's actual
or tacit consent.
2. Within the CHANNEL RIGHT-OF-WAY, or otherwise associated with
this License Agreement, indemnify and hold DISTRICT, its Board of Supervisors,
officers, agents, employees and independent contractors free and harmless from any
liability whatsoever, based or asserted upon any act or omission of CITY, its officers,
agents, employees, subcontractors, independent contractors, guests and invitees for
property damage, bodily injury or death (CITY employees included) or any other element
of damage of any kind or nature, related to or in any manner connected with or arising
from the public's use and responsibilities in connection therewith of the CHANNEL
RIGHT-OF-WAY or the condition thereof, and CITY shall defend, at its expense,
including attorneys' fees, DISTRICT, its Board of Supervisors, officers, agents,
employees and independent contractors, in any legal action based upon such alleged acts
or OmtSSlons.
ARTICLE IV
It is further mutually agreed:
I. Each party, as to any claim or liability arising out of any act or omission
with reference to any work to be performed by or authority delegated to such party as a
result of this License Agreement, shall save, defend, indemnify and hold harmless the
other party, their respective officers and employees from all liability from death or injury
to person, or damage to property, or claim therefore.
2. DISTRICT reserves the right to terminate any use granted pursuant to this
license, if for any reason whatsoever, DISTRICT determines that said use of the
CHANNEL RIGHT-OF-WAY is not compatible with CHANNEL's primary flood
protection function and purpose or said use unduly interferes with DISTRICT's ability to
operate and maintain CHANNEL.
3. Any waiver by DISTRICT or by CITY of any breach of anyone or more of
the terms of this License Agreement shall not be construed to be a waiver of any
CFD No. 03-02 (Roripaugh Ranch) - JCFA
Flood Control Facilities - Execution Copy
F-3
subsequent or other breach of the same or of any other term hereof. Failure on the part of
DISTRICT or CITY require exact, full and complete compliance with any terms of this
License Agreement shall not be construed as in any marmer changing the terms hereof, or
estopping DISTRICT of CITY from enforcement hereof.
4. If any provision in this License Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining provisions will
nevertheless continue in full force without being impaired or invalidated in any way.
5. This License Agreement is to be construed in accordance with the laws of
the State of California.
6. Any written notice, statement, demand, consent, approval, authorization,
offer, designation, request or other communication to be given hereunder shall be given to
the party entitled thereto at its address set forth below, or at such other address as such
party may provide to the other party in writing from time to time, namely:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
1995 Market Street
Riverside, CA 92501
Telephone: (909) 955-1200
Fax: (909) 788-9965
CITY OF TEMECULA
P. O. BOX 9033
Temecula, CA 92589-9033
Telephone: (909) 694-6411
Fax: (909) 694-6475
Each such notice, statement, demand, consent, approval, authorization, offer,
designation, request or other communication hereunder shall be deemed delivered to the
party to whom it is addressed (a) if personally served or delivered, upon delivery, (b) if
given by electronic communication, whether by telex, telegram or telecopier, upon the
sender's receipt of a document confirming satisfactory transmission, (c) if given by
registered or certified mail, return receipt requested, deposited with the United States mail
postage prepaid, 72 hours after such notice is deposited with the United States mail, (d) if
given by overnight courier, with courier charges prepaid, 24 hours after delivery to said
overnight courier, or (e) if given by any other means, upon delivery at the address
specified in this Section.
7. Any action at law or in equity brought by any of the parties hereto for the
purpose of enforcing a right or rights provided for by the License Agreement, shall be
tried in a court of competent jurisdiction in the County of Riverside, State of California,
and the parties hereto waive all provisions of law providing for a change of venue in such
proceedings to any other county.
8. This License Agreement is the result of negotiations between the parties
hereto, and the advice and assistance of their respective counsel. The fact that this
License Agreement was prepared as a matter of convenience by DISTRICT shall have no
import or significance. Any uncertainty or ambiguity in this License Agreement shall not
be construed against DISTRICT because DISTRICT prepared this License Agreement in
its final form.
CFD No, 03-02 (Roripaugh Ranch) - JCFA
Flood Control Facilities - Execution Copy F-4
9. This License Agreement is intended by the parties hereto as a final
expression of their understanding with respect to the subject matter hereof and as a
complete and exclusive state of the terms and conditions thereof and supersedes any and
all prior and contemporaneous agreements and understandings, oral or written, it
connection therewith. This License Agreement may be change or modified only upon the
written consent of the parties hereto.
[Balance of Page Intentionally Left Blank]
CFD No. 03-02 (Roripaugh Ranch) - JCF A
Flood Control Facilities - Execution Copy
F-5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
(to be filled in by Clerk ofthe Board)
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
RECOMMEND FOR APPROVAL:
By:
By:
WARREN D. WILLIAMS
General Manager-Chief Engineer
JAMES A. VENABLE
Chairman, Board of Supervisors ofthe Flood
Control and Water conservation District
ATTEST:
Nancy Romero, Clerk of the Riverside
County Flood Control and Water
Conservation District
By:
Deputy
APPROVED AS TO FORM:
WILLIAM C. KATZENSTEIN, County Counsel
By:
Deputy County Counsel
CITY OF TEMECULA
ATTEST:
City Clerk
By:
Michael S. Naggar, Mayor
By:
Susan W. Jones, CMC
APPROVED AS TO FORM:
City Attorney
By:
Peter Thorson
CFD No. 03-02 (Roripaugh Ranch) - JCF A
Flood Control Facilities - Execution Copy F-6
MAINTENANCE AGREEMENT
LONG VALLEY WASH RECREATIONAL TRAILS
MAINTENANCE AGREEMENT FOR LONG V ALLEY WASH
RECREATIONAL TRAILS
This Maintenance Agreement for Long Valley Wash Recreational Trail is made
and entered into as of January 11, 2004 by and between [Roripaugh Ranch Homeowners
Association, a California non-profit corporation} ("Association"), Ashby USA, a
California limited liability Company ("Developer") and the City of Temecula, hereinafter
called "City." In consideration of the mutual promises set for the herein, the parties
agree as follows:
1. Recitals. The parties agree that this Agreement is made for the
purposes and with respect to the facts set forth below, which are true and correct:
a. Pursuant that certain Joint Community Facilities Agreement dated
as of January I 1,2005 ("JCFA") by and among Riverside County Flood Control And
Water Conservation District ("District"), City, Temecula Public Finance Authority
("Authority") and Developer, Developer is to construct approximately 6,065 lineal feet of
the Long Valley Wash Channel that is to be a variable width, earthen and Armorflex
lined trapezoidal Channel extending from Station No. 38+00.00 to Station No. 98+41.53
and includes a 16 feet wide paved maintenance roads paralleling both sides of the
Channel and a pedestrian bridge ("Channel") that is within the boundaries of the
Temecula Public Financing Authority Community Facilities District No. 03-02
(Roripaugh Ranch) (the "Community Facilities District").
b. Channel has been designed to collect and convey storm and flood
waters emanating from the Long Valley Wash watershed. Pursuant to said JCFA,
District is to accept the Channel right of way for ownership upon its completion of
construction and transfer of the necessary fee interest to District. Said right of way, the
trails to be constructed thereon, and all improvements currently on the property or which
may be constructed on the property by the City is specifically described on Exhibit "A,"
attached hereto and made a part hereof (the "Channel Right of Way").
c. Channel is an essential and critical component of the proposed
flood protection and drainage infrastructure for the Long Valley Wash drainage area.
Upon acceptance by District, Channel will become an integral element of District's
maintained system of flood protection works.
d. The flood hazard associated with Long Valley Wash is sporadic in
nature; thus, portions of the Channel Right of Way may be utilized for certain public
recreation uses including pedestrian, equestrian and bicycling.
e, Accordingly, the City and the District entered into that certain
License Agreement, Dated as of January 11, 2005 ("RCFCD License Agreement").
Pursuant to the RCFCD License Agreement, District is willing to allow the public to
utilize the Channel Right of Way for purposes of accommodating appropriate recreational
uses, provided (i) said uses do not compromise Channel's primary flood protection
purpose, (ii) said uses do not unduly interfere with District's ability to operate and
maintain Channel and (iii) District is held harmless and indemnified against any claims
799677.2 December 27, 2004
that may result from the public's use of Channel Right of Way for recreational purposes,
f. Pursuant to the RCFCD License Agreement, the City will assume
maintenance responsibilities and liability for the recreational use of the Channel Right of
Way.
g. Developer will construct multi-purpose trails along either side of
the Channel for bicycling, walking, jogging and equestrian uses.
h. The Channel Right of Way will be adjacent to the homes that are
part of the Association and the Association's common property. Further, the trails to be
constructed on the Channel Right of Way will be integrated into the access plan for the
Association's common area. Accordingly, Association will derive significant benefits
from the maintenance of the public recreational uses of the Channel Right of Way.
i. City accepted the responsibility for liability for the public use of
the Channel Right of Way and the maintenance of the Channel Right of Way in reliance
on the Developer and Association's agreement to contribute to the insurance and
maintenance costs for the Channel Right of Way.
j. Developer's responsibility for the compliance with Condition 90 of
City Resolution No. 02-113, and similar conditions set forth in the Conditions of
Approval for the approval of the Specific Plan, Development Plan and the subdivision
maps, is fulfilled in part by the City entering into this Agreement.
k. Association is a California non-profit corporation which has been
formed for the purpose of establishing a homeowners association for _lots within
Tract _ adjacent to the Channel Right of Way.
2. Term of Agreement. This Agreement shall commence as of the effective
date of the RCFCDD License Agreement and shall continue in perpetuity, unless sooner
terminated as provided in this Agreement.
3. Public Access to Channel Right of Way. Association shall permit
access to the Channel Right of Way by the public at all times and shall not act or fail to
act in such a manner as to preclude access to the Channel Right of Way by members of
the public.
4, Maintenance Obligations. Association shall maintain the Channel
Right of Way in good and safe condition in accordance with all applicable federal, state,
and local laws, ordinances and regulations, the RCFCD License Agreement, the
maintenance requirements set forth Exhibit B to this Agreement, and the City's standard
polices for the maintenance of similar spaces, as such policies now exist or as may
hereafter be established or amended. Exhibit B is attached hereto and incorporated herein
as though set forth in full.
799677 ,2 December 27, 2004
2
5. Indemnification. Within the Channel Right of Way, or otherwise
associated with this Agreement, Association shall indemnify and hold City, Authority,
Temecula Community Services District ("TCSD"), County of Riverside ("County"),
District and their respective elected officials, officers, agents, employees and independent
contractors free and harmless from any liability whatsoever, based or asserted upon any
act or omission of City, Authority, TCSD, County, and District, or their respective
elected officials, officers, agents, employees, and independent contractors for property
damage, bodily injury or death (City, Authority,TCSD, County or District employees
included) or any other element of damage of any kind or nature, related to or in any
manner connected with or arising from the public's use and responsibilities in connection
therewith of the Channel Right of Way or the condition thereof, and Association shall
defend, at its expense, including attorneys' fees, City, Authority, TCSD, County, District
and their respective elected officials, officers, agents, employees and independent
contractors, in any legal action based upon such alleged acts or omissions. Association
shall defend said persons with legal counsel selected by the City.
6. Insurance. Without limiting or diminishing the Association's
obligation to indemnify or hold the City, Authority, TCSD, County, District and their
respective elected officials, officers, agents, employees and independent contractors
harmless from pursuant to this Agreement, Association shall procure and maintain for the
duration of this Agreement, at its sole cost and expense, insurance against claims for
injuries to persons or damages to property which may arise from or in connection with
from the use, occupancy, disuse or condition of the Channel Right of Way in accordance
with the insurance requirements set forth below.
a. Commercial General Liability Insurance. Commercial General
Liability insurance overage, including but not limited to, premises liability. contractual
liability, products and completed operations, explosion, collapse, use of cranes, and other
heavy equipment and underground hazards, personal and advertising injury covering
claims which may arise from or out of the Developer's performance of its obligations
hereunder. Policy's limit of liability shall not be less than Three Million Dollars
($3,000,000.00) per occurrence combined single limit. If such insurance contains a
general aggregate limit, it shall apply separately to this Agreement or be no less than two
(2) times the occurrence limit. Coverage shall be at least as broad as Insurance Services
Office Commercial General Liability coverage (occurrence form CG 0001), including a
provision providing for a comprehensive broad form of contractual liability, including
leases
b. Vehicle Liability Insurance. The Association shall maintain
liability insurance for all owned, non-owned or hired vehicles in an amount not less than
One Million Dollars ($1,000,000.00) per occurrence combined single limit. If such
insurance contains a general aggregate limit, it shall apply separately to this Agreement
or be no less than two (2) times the occurrence limit.
c. Worker's Compensation Insurance. The Developer shall maintain
Workers' Compensation Insurance (Coverage A) as prescribed by the laws ofthe State of
California, Policy shall include Employers' Liability (Coverage B) including Occupation
Disease with limits not less than $1,000,000 per person per accident. Policy shall be
endorsed to waive subrogation in favor of the Flood Control District, the County, the
799677,2 December 27, 2004 3
City, the Community Facilities District, the Authority; and if applicable, to provide a
Borrowed Servant! Alternate Employer Endorsement. Policy Coverage.
d. Increases in Policy Limits. The amount of insurance coverage
described in this Agreement shall be increased every three (3) years on the anniversary of
the effective date of this Agreement in such an amount as the City may reasonably
determine based upon inflation, increased liability awards, recommendations of
professional insurance advisors and other factors customarily used to determine
appropriate levels of coverage of the insurance required by this Agreement. City shall
provide written notice to the Association at least sixty (60) days prior to the date of the
proposed increase in insurance coverage requirements.
e. Acceptable Insurers. Insurance is to be placed with insurers with
a current A.M. Best's rating of no less than A:VIII, unless otherwise acceptable to the
City and waived in writing by the City.
f. Deductibles and Self-Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City. At the option of the
City, 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
Tenant shall procure a bond guaranteeing payment of losses and related investigations,
claim administration and defense expenses. '
g. Other Insurance Provisions. The general liability policy shall
contain, or be endorsed to contain, the following provisions:
(1) Policy shall name by endorsement the City,
Authority, TCSD, County, and District, or their respective elected officials,
officers, agents, employees, and independent contractors as "Additional Insureds."
The coverage shall contain no special limitations on the scope of protection
afforded to the City, the District or its officers, officials, employees or volunteers.
(2) For any claims related to this project, the
Association's insurance coverage shall be primary insurance as respects the City,
Authority, TCSD, County, and District, or their respective elected officials,
officers, agents, employees, and independent contractors. Any insurance or self-
insured maintained by the City, Authority, TCSD, County, and District, or their
respective elected officials, officers, agents, employees, and independent
contractors shall be excess of the Association'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, Authority, TCSD, County, and District, or their
respecti ve elected officials, officers, agents, employees, and independent
contractors.
799677 ,2 December 27, 2004
4
(4) The Association'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, amended, voided,
cancelled by either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been
given to the City.
g. Verification of Coverage. Association shall furnish the City with
original endorsements effecting coverage required by this clause and true, correct and
complete copies of all policies required by this Agreement. The endorsements shall be
signed by a person authorized by that insurer to bind coverage on its behalf. The
endorsements shall be on forms provided by the City. All endorsements and policies
shall approved in writing by the City before the policy goes into effect.
h. City May Provide Coverage, In the event the Association fails to
procure the necessary insurance coverage, City may procure such coverage and
Association shall pay all costs incurred by the City in obtaining such coverage and all
costs related to administering such insurance, including but not limited to, staff and
attorney expenses, self-insured retentions, premium costs, and increased premium costs.
2. Deposit, Concurrently with the approval of this Agreement. the
Association and Developer shall pay to the City the sum of
dollars ($ .00) [equal to two years of
insurance premiums] as a security deposit for the costs of the insurance policies required
by this Agreement. Said deposit shall be returned to the Association and Developer
without interest at such time as one thousand seven hundred (1,700) parcels of property
have been annexed to the Association. If the deposit is ever used by the City, Developer
and Association shall deposit further sums as needed to replenish the deposit.
3. Default.
a. Event of Default. Association shall be in default under this
Agreement in the event that it fails to perform any obligation under this Agreement and
fails to cure said breach within twenty (20) days notice from City ("Event of Default").
b. Remedies for Default. If an Event of Default occurs, then,
in addition to any other remedies available to Agency at law and equity: (i) Association
shall be liable to Agency for any damages caused by such Event of Default, and Agency
may thereafter commence an action for damages against Association with respect thereto;
(ii) City may draw upon the deposit described ni Section 3 of this Agreement; and (iii)
City may collect the Assessment directly from the members of the Association as
described in this Agreement.
c. Delay Not Waiver. Except as otherwise expressly provided
herein, any failure or delay by Agency in asserting any of Agency's rights or remedies as
to any Event of Default shall not operate as a waiver of any subsequent Event of Default
799677,2 December 27, 2004 5
or of any such rights or remedies or otherwise deprive Agency of its right to institute and
maintain any actions or proceedings that Agency may deem necessary to protect, assert or
enforce any such rights or remedies.
d. City Right to Association Assessments. In addition to all other
remedies available to the City pursuant to this Agreement, in the event the Association in
default of one or more of its obligations under this Agreement, City shall have the right to
collect the assessments imposed upon the owners of property within the Association for
the purpose of paying for the insurance policy or any settlement or judgment.
(I) Association and Developer shall establish covenants,
conditions, and restrictions upon the property within the tract that will require
Association to levy, impose and increase regular and special assessments in an
amount sufficient to fund the costs of the insurance policy upon a default by
Association in connection with the a default in its obligations under this
Agreement (collectively, the "Assessments")
(2) Association hereby assigns, conveys and transfers the
Assessments to City, which transfer shall be effective upon Association's default
pursuant to this Agreement. Such assignment, conveyance and transfer shall
entitle City to collect, directly from the owners of the individual parcels within the
Association, the proceeds of the Assessments in the event of a default by
Association under this Agreement.
(3) Association warrants and represents with respect to the
Assessments that (i) there has been no prior assignment of Association's interest
in the Assessments to any person or entity other than ~ssignee, and
(ii) Association's interest in the Assessments is not subject to any claims, setoffs,
encumbrances, or deductions. City shall not be liable for any defaults by
Association in the performance of Association's duties or obligations with respect
to the Channel Right of Way, if any.
(4) Association and Developer acknowledges and agrees that
that covenants, conditions and restrictions for the properties which are to be a part
of the Association ("CCRs") shall contain the requirements set forth in this
Agreement and shall be subject to the terms of this Agreement. Developer further
acknowledges and agrees that pursuant to Condition 13c. of City Resolution No.
02-113, the City shall not be obligated to record the final maps for the any portion
of the Channel Right of Way unti I such time as the CCRs are approved by the
City and contain these designated provisions. In the event that for whatever
reason, the CCRs are recorded without these provisions, the Develop shall pay to
the City the deposit and the yearly insurance costs as described in this Agreement.
In addition, Developer acknowledges and agrees that City may withhold building
permits for the properties which are a part of the Roripaugh Ranch Specific Plan
Area until such time as the CCRs are brought into complainance with this
Agreement.
9. Representations and Warranties of Association and Developer. The
Association and Developer make the following representations, warranties and covenants
for the benefit of the City:
799677 ,2 December 27, 2004 6
a, Organization. The Association and Developer each represent
and warrant that Association is a , duly organized and validly existing
under the laws of the State of California, is in good standing under the laws of the state,
and has the power and authority to carryon its business.
b. Authority. Association and Developer each warrant and
represent that Association and Developer each has the power and authority to enter into
this Agreement, and that Association and Developer has each taken all action necessary
to cause this Agreement to be executed and delivered, and this Agreement has been duly
and validly executed and delivered on behalf of Association and Developer.
c. Binding Obligation, Association and Developer each warrant and
represent that this Agreement is a valid and binding obligation of the Association and
Developer and is enforceable against the Association and Developer in accordance with
its terms hereof, subject to bankruptcy, insolvency, reorganization, or other similar laws
affecting the enforcement of creditors rights in general and by general equity principles,
10. Integration Clause. This Agreement is intended by the parties hereto as
a final expression of their understanding with respect to the subject matter hereof and as a
complete and exclusive state of the terms and conditions thereof and supersedes any and
all prior and contemporaneous agreements and understandings, oral or written, it
connection therewith. This Agreement may be change or modified only upon the written
consent of the parties hereto.
11. Attornev Fees. In the event of any controversy, claim, or dispute relating to
this instrument or the breach thereof, the prevailing party shall be entitled to recover from
the losing party reasonable attorneys' fees and costs.
12. Interpretation. This Agreement shall be construed according to its fair
meaning and as if prepared by both parties hereto. Any rule of law (including without
limitation California Civil Code Section 1654) or legal decision that would require
interpretation of any ambiguities in this Agreement against the party that has drafted it is
not applicable and is hereby waived.
13. No Third Partv Beneficiarv. No person or entity shall be deemed to be a
third party beneficiary hereof, and nothing in this Agreement (either express or implied)
is intended to confer upon any person or entity, other than the City and the Association
(and their respective successors and assigns), any rights, remedies, obligations or
liabilities under or by reason of this Agreement.
14. California Law. This Agreement shall be construed in accordance
with the laws of the State of California,
1/1/
1/1/
799677,2 December 27, 2004
7
IN WITNESS WHEREOF, the parties hereto have executed this Covenant as of
the day and year first above written.
CITY OF TEMECULA,
a municipal corporation
Jeff Comerchero
Mayor
Attest:
Susan W. Jones, CMC
City Clerk
Approved As to Form:
Peter M. Thorson
City Attorney
799677.2 December 27, 2004
8
ASHBY USA, LLC, a California limited
liability company
By: Ashby Development Co., Inc., its
Managing Partner
By:
Justin K. Ashby
President
By: USA Investment Partners, LLC, a
Nevada limited liability company, its
member
By: USA Commercial Mortgage
Company, a Nevada corporation, its
non-Member Manager.
By:
Joseph D. Milanowski
President
799677.2 December 27, 2004
9
[Roripaugh Ranch Homeowners
Association, a California non-profit
corporation I
By:
Name:
Title:
By:
Name:
Title:
799677.2 December 27, 2004
10
EXHIBIT A
LEGAL DESCRIPTION OF CHANNEL RIGHT OF WAY
799677 ,2 December 27, 2004
II
EXHIBIT B
CITY MAINTENANCE REQUIREMENTS
799677 ,2 December 27, 2004
12
RESOLUTION NO. TCSD 05-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT APPROVING
JOINT COMMUNITY FACILITIES AGREEMENT RELATING TO
THE FINANCING OF PUBLIC IMPROVEMENTS - RORIPAUGH
RANCH
WHEREAS, the Board of Directors of the Temecula Public Financing Authority (the
"Authority") is undertaking proceedings to form the Temecula Public Financing Authority
Community Facilities District No. 03-02 (Roripaugh Ranch) (the "CFD") pursuant to the Mello-
Roos Community Facilities Act of 1982, as amended (the "Act"), and the Authority intends to
issue bonds of the Authority for the CFD (the "Bonds") in order to finance costs of public
improvements (the "Improvements") to be constructed within or near the City of Temecula (the
"City") and the elimination of a prior fixed assessment lien, as described in the proceedings to
form the CFD; and
WHEREAS, in order to enable the CFD to finance the Improvements, Section 53316.2
of the California Government Code requires that the Temecula Community Services District
(the "TCSD") and the Authority enter into a joint community facilities agreement prior to the
formation of the CFD with respect to the portion of the Improvements to be owned or operated
by the TCSD for the CFD; and
WHEREAS, a form of joint community facilities agreement - TCSD, by and between the
TCSD and the Authority relating to the Improvements to be owned or operated by the TCSD
(the "Joint Community Facilities Agreement") has been filed with the Secretary; and
WHEREAS, the Board of Directors, with the assistance of City staff, has reviewed the
Joint Community Facilities Agreement, and the Board of Directors now desires to approve the
Joint Community Facilities Agreernent and direct its execution and delivery.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Tem~cula
Community Services District as follows:
Section 1. Approval of Joint Community Facilities Aqreement. The Board of Directors
hereby approves the Joint Community Facilities Agreement in the form on file with the
Secretary, and hereby authorizes and directs the President or the Executive Director, each
acting alone, to execute and deliver the Joint Community Facilities Agreement in such form
together with any changes therein deemed advisable by the Executive Director upon
consultation with the City Attorney, the approval of such changes to be conclusively evidenced
by the execution and delivery by the TCSD of the Joint Community Facilities Agreement. The
Board of Directors hereby declares that the Joint Community Facilities Agreement will be
beneficial to the residents residing within the boundaries of the TCSD.
Section 2. Official Actions, The President, the Executive Director and the Secretary,
and all other officers of the TCSD, are hereby authorized and directed to take all actions and do
all things necessary or desirable hereunder to implement the Joint Community Facilities
Agreement, including but not limited to the execution and delivery of any and all agreements,
certificates, documents and other instruments which they, or any of them, deem necessary or
desirable and not inconsistent with the purposes of this Resolution and the Joint Community
Facilities Agreement.
Section 3. Effectiveness. This Resolution shall take effect upon its adoption.
PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula
Community Services District at a meeting held on the 11 th day of January, 2005.
Chuck Washington, President
ATTEST:
Susan W. Jones, CMC
Secretary
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
TEMECULA COMMUNITY SERVICES DISTRICT )
I, Susan Jones, Secretary of the Temecula Community Services District, HEREBY DO
CERTIFY that the foregoing Resolution No. TCSD 05-_ was duly adopted at a regular
meeting of the Board of Directors of the Temecula Community Services District on the 11'" day
of January, 2005, by the following roll call vote:
AYES:
NOES:
BOARDMEMBERS:
ABSENT:
BOARDMEMBERS:
BOARDMEMBERS:
Susan W. Jones, CMC
Secretary
-2-
JOINT COMMUNITY FACILITIES AGREEMENT
TCSD
'-
JOINT COMMUNITY FACILITIES AGREEMENT - TCSD
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 03-02
(RORIPAUGH RANCH)
This Joint Community Facilities Agreement (the "Agreement"), dated for convenience
as of January 1, 2005, is by and between the Temecula Public Financing Authority (the
"Authority") and the Temecula Community Services District (the "Participating Agency").
RECITALS:
WHEREAS, the Authority is undertaking proceedings to form the Temecula Public
Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) (the "CFD")
pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), and the
Authority intends to issue bonds of the Authority for the CFD (the "Bonds") in order to finance
various public improvements to be acquired and constructed in the City of Temecula; and
WHEREAS, the improvements to be financed with the proceeds of the Bonds may
include the improvements described in Attachment A hereto (the "Improvements"), which
Attachment is, by this reference, incorporated herein; and
WHEREAS, the parties hereto expect that the Participating Agency will own and
operate the Improvements if they comply with the standards and have been completed to the
satisfaction of the Participating Agency; and
WHEREAS, Section 53316.2 of the Act requires that the Authority enter into a joint
community facilities agreement with the Participating Agency, prior to the adoption by the
Authority of the Resolution of Formation of the CFD, in respect of the Improvements which
Improvements are to be financed with the proceeds of the Bonds, and, upon completion, are to
be owned and operated by the Participating Agency; and
WHEREAS the Authority and the Participating Agency now desire to enter into this
Agreement to satisfy the requirements of Section 53316,2 of the Act and to memorialize their
understanding with respect to the proceeds of the Bonds and the Improvements, all as more
particularly set forth below.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing and mutual covenants set forth
below, the parties hereto do hereby agree as follows:
Section 1. Reservation of Bond Funds. The Authority intends to reserve a portion of the
proceeds of the Bonds in an amount necessary to finance a portion of the costs incurred in
connection with the acquisition and construction of the Improvements. Said amount, together
with any investment earnings thereon, shall be held in an account within the Improvement
Fund established for the CFD (the "Improvement Fund") for the sole and exclusive benefit of
the CFD, and such amount shall in no way be pledged as security for the Bonds.
Other than the funds described in the preceding paragraph, the Authority shall have no
obligation to pay for any of the costs of the Improvements, including but not limited to any
costs of planning, acquisition, construction, installation or inspection of the Improvements.
Section 2. Construction of Improvements, The Improvements have been or will be
constructed pursuant to plans and specifications approved by the Participating Agency. The
Participating Agency shall not have any liability whatsoever in respect of any work performed
in connection with the Improvements; provided that this sentence shall in no way limit any
rights the Participating Agency may have against any persons or entities in respect of the
acquisition or construction of the Improvements once the Participating Agency accepts title to
and control over the Improvements.
To the extent that the Participating Agency incurs expenses incident to reviewing and
approving design plans and specifications, conducting construction field inspections and
otherwise in connection with the design, construction and acceptance of the Improvements,
such expenses may be reimbursed to the Participating Agency upon presentation of invoices as
to the nature and amount of such costs and expenses, from available amounts in the
Improvement Fund, or if there are no such available funds, then from one of the owners of the
land in the CFD (as may be required in any applicable subdivision improvement agreements
pertaining thereto) or from any other legally available funds.
Section 3, Inspection and Acceptance; Use of Bond Funds. The Participating Agency
shall cause inspections to be made during the construction of the Improvements in accordance
with its customary procedures for construction projects of a similar nature. Upon completion
of construction of the Improvements to the satisfaction of the Participating Agency, the
Participating Agency shall accept dedication of the Improvements in accordance with its
customary procedures, and shall accept ownership, and responsibility for operation of the
Improvements conditioned upon the passage to the Participating Agency of fee title clear of all
encumbrances and easements not otherwise acceptable to the Participating Agency in its sole
discretion, The Participating Agency shall have no responsibility with respect to the ownership
or operation of the Improvements unless and until construction has been completed to the
satisfaction of the Participating Agency, The Authority shall have no obligation to at any time
own or operate any of the Improvements.
Section 4, Limited Obligations. All obligations of the Authority under and pursuant to
this Agreement shall be limited to the amounts on deposit in the Improvement Fund and
described in Section 1 above. No Boardmember, officer or employee of the Authority shall in
any event be personally liable hereunder.
The sole obligation of the Participating Agency hereunder with respect to the
Improvements shall be to inspect and accept the Improvements as described above. The
Participating Agency shall have no responsibility or obligation with respect to the
Improvements for any action occurring prior to acceptance by the Participating Agency. If, for
any reason whatsoever, there are insufficient funds to complete the Improvements or any
portion thereof, the Participating Agency shall have no obligation under this Agreement to
fund any such shortfall.
-2-
If the Participating Agency shall fail to perform any of its obligations hereunder, the
sole remedy of the Authority shall be the commencement of an action in the Superior Court for
specific performance by the Participating Agency of such obligations.
Section 5. Termination, Notwithstanding any other provision of this Agreement, this
Agreement shall cease to be effective and shall terminate if the first series of the Bonds are not
issued by December 31, 2005. If not earlier terminated pursuant to the preceding sentence, this
Agreement shall terminate upon acceptance of the ownership and operation of the
Improvements by the Participating Agency.
Section 6, No Obligation to Form CFD: Agreement of Benefit to Residents. The
provisions of this Agreement shall in no way obligate the Authority to form the CFD.
Notwithstanding the foregoing, by their respective execution of this Agreement, the Authority
and the Participating Agency each declare that this Agreement is beneficial to the residents
within the jurisdiction of their respective entities in assuring the provision of financing for a
portion of the costs of the Improvements in furtherance of the purposes of the Act.
Section 7. Partial Invalidity. 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 8. Successors and Assigns. This Agreement shall be binding upon and inure to
the benefit of the successors and assigns of the parties hereto. This Agreement is for the sole
benefit of the Authority and the Participating Agency and their successors and assigns, and no
other person or entity shall be deemed to be a beneficiary hereof or have an interest herein.
"""'!
Section 9. Execution in Counterparts, This Agreement may be executed in counterparts,
~.."" each of which shalLbe deemed an original.
-.'
-3-
* * * * * * * * * *
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year written alongside their signature below,
TEMECULA COMMUNITY SERVICES
DISTRICT (the "Participating Agency")
Date of Execution: January 11, 2005
By:
President
TEMECULA PUBLIC FINANCING
AUTHORITY (the" Authority")
Date of Execution: January 11, 2005
By:
Executive Director
20009.Gl'J7222
-4-
ATTACHMENT A
DESCRIPTION OF FACILITIES PROPOSED TO BE FUNDED BY TEMECULA PUBLIC
FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO, 03-02 (RORIPAUGH
RANCH) WHICH ARE TO BE OWNED, OPERA TED OR PROVIDED, AS APPLICABLE, BY
THE TEMECULA COMMUNITY SERVICES DISTRICT
Sports Park
Sports Park at the SE comer of the intersection of North Loop Road and Butterfield Stage Road:
Construct 20:t-acre Sports Park including grading, parking, building, lighting landscaping,
irrigation, playing fields, basketball courts, children's play area, equipment with a useful life of
five (5) years or more and other appurtenant improvements necessary to complete the Sports
Park.
Neighborhood Park
Neighborhood Park at the SW corner of the intersection of Murrieta Hot Springs Road and
Roripaugh Valley Road (A Street):
Construct 5,l-acre Neighborhood Park including grading, parking, restroom building, lighting,
landscaping, irrigation, open grass area, basketball court, children's play area, equipment with
a useful life of five (5) years or more and other appurtenant improvements necessary to
complete the Neighborhood Park.
A-I
RESOLUTION NO. TPFA 05-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY OF
FORMATION OF TEMECULA PUBLIC FINANCING
AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02
(RORIPAUGH RANCH), AUTHORIZING THE LEVY OF A
SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY
ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE
DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX
AND THE ESTABLISHMENT OF THE APPROPRIATIONS
LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT
WHEREAS, on August 24, 2004, this Board of Directors adopted a resolution entitled "A
Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its
Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes
Therein - Roripaugh Ranch 03-02" (the "Resolution of Intention") stating its intention to form the
Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh
Ranch) (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, California
Government Code Section 53311 et seq. (the "Law"); and
WHEREAS, the Resolution of Intention, incorporating by reference a map of the
proposed boundaries of the District and describing the public improvements eligible to be
financed by the District (the "Facilities"), and the fixed special assessment lien to be eliminated
by the District (the "Prior Lien"), the cost of financing the costs of the Facilities and of
eliminating the Prior Lien, and the rate and method of apportionment of the special tax to be
levied within the District to pay the cost of financing the costs of the Facilities and of eliminating
the Prior Lien, and to pay the principal and interest on bonds proposed to be issued with
respect to the District, is on file with the Secretary and the provisions thereof are incorporated
herein by this reference as if fully set forth herein; and
WHEREAS, the Resolution of Intention called for a public hearing on the District to be
held on September 28, 2004; and
WHEREAS, on September 28, 2004, this Board of Directors adopted a Resolution
amending the Resolution of Intention (the "Amending Resolution") to add additional facilities
eligible to be funded by the District and to change the date of the public hearing from
September 28, 2004 to November 9, 2004; and
WHEREAS, on November 9, 2004, this Board of Directors opened the public hearing
and continued the public hearing to November 23, 2004, on November 23, 2004 this Board of
Directors opened the continued public hearing and again continued the public hearing to
December7,2004;and
WHEREAS, on December 7, 2004, this Board of Directors opened the continued public
hearing and adopted a resolution making findings of complexity of the District, and then
continued the public hearing to January 11, 2005; and
WHEREAS, on this date, this Board of Directors held the public hearing as required by
the Law and the Resolution of Intention relative to the proposed formation of the District; and
WHEREAS, at the hearing all interested persons desiring to be heard on all matters
pertaining to the formation of the District, the Facilities eligible to be funded by the District, the
Prior Lien eligible to be eliminated by the District, and the levy of the special tax were heard and
a full and fair hearing was held; and
WHEREAS, at the hearing evidence was presented to this Board of Directors on the
matters before it, including a report by the Director of Public Works of the City of Temecula (the
"Report") as to the Facilities eligible to be funded by the District, the Prior Lien eligible to be
eliminated by the District, and the costs thereof, a copy of which is on file with the Secretary,
and this Board of Directors at the conclusion of the hearing was fully advised regarding the
District; and .
WHEREAS, written protests with respect to the formation of the District and/or the
furnishing of specified types of Facilities or other specific purposes of the District as described
in the Report have not been filed with the Secretary by fifty percent (50%) or more of the
registered voters residing within the territory of the District or property owners of one-half (1/2)
or more of the area of land within the District and not exempt from the special tax; and
WHEREAS, at the hearing a technical change was made to the rate and method of
apportionment of special taxes for the District to add a new land classification due to a zoning
change to a small portion of the land in the District, and the revised rate and method of
apportionment is attached to this Resolution as ExhibitA hereto; and
WHEREAS, the special tax proposed to be levied in the District to pay for a portion of
the costs of the Facilities and of the elimination of the Prior Lien, as set forth in Exhibit B to the
Resolution of Intention, has not been eliminated by protest by fifty percent (50%) or more of the
registered voters residing within the territory of the District or the owners of one-half (1/2) or
more of the area of land within the District and not exempt from the special tax.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula
Public Financing Authority as follows:
Section 1. The foregoing recitals are true and correct.
Section 2. The proposed special tax to be levied within the District has not been
precluded by majority protest pursuant to Section 53324 of the Law. On April 10, 2001, this
Board of Directors adopted a resolution approving Local Goals and Policies for Community
Facilities Districts, and this Board of Directors hereby finds and determines that the District is in
conformity with said goals and policies.
Section 3. All prior proceedings taken by this Board of Directors in connection with the
establishment of the District and the levy of the special tax have been duly considered and are
hereby found and determined to be valid and in conformity with the Law.
Section 4. The community facilities district designated "Temecula Public Financing
Authority Community Facilities District No. 03-02 (Roripaugh Ranch)" is hereby established
pursuant to the Law.
Section 5. The boundaries of the District, as described in the Resolution of Intention
and set forth in the boundary map of the District recorded on August 31, 2004 in the Riverside
County Recorder's Office at Book 58 of Maps of Assessment and Community Facilities Districts
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at Page 51 (instrument no. 2004-0691181), are hereby approved, are incorporated herein by
this reference and shall be the boundaries of the District.
Section 6. The type of facilities eligible to be funded by the District pursuant to the Law,
and the fixed special assessment lien eligible to be eliminated by the District pursuant to the
Law, are as described in Exhibit A to the Amending Resolution which Exhibit is by this reference
incorporated herein. This Board of Directors hereby finds that the Facilities are necessary to
meet increased demands placed upon local agencies as the result of development occurring in
the District.
The execution and delivery by the Executive Director or the Chairperson, as applicable,
of (a) a Joint Community Facilities Agreement between the Authority and the City of Temecula
(the "City"), (b) a Joint Community Facilities Agreement between the Authority and the
Temecula Community Services District, (c) a Joint Community Facilities District - EMWD
among the Authority, the Eastern Municipal Water District and Ashby USA, LLC ("Ashby"), (d) a
Joint Community Facilities Agreement among the Authority, the City, Ashby and the County of
Riverside (the "County"), and (e) a Joint Community Facilities Agreement among the Authority,
Ashby, the City, the County and the Riverside County Flood Control and Water Conservation
District, in the respective forms on file with the Secretary, are hereby ratified. This Board of
Directors hereby declares that said Joint Community Facilities Agreernents will be beneficial to
residents in the area of the District.
Section 7. Except to the extent that funds are otherwise available to the District to pay
for the Facilities and the elimination of the Prior Lien and/or to pay the principal and interest as
it becomes due on bonds of the District issued to finance the Facilities and the elimination of
the Prior Lien, a special tax sufficient to pay the costs thereof, secured by recordation of a
continuing lien against all non-exempt real property in the District, will be levied within the
District and collected in the same manner as ordinary ad valorem property taxes or in such
other manner as this Board of Directors shall determine, including direct billing of the affected
property owners. The proposed rate and method of apportionment of the special tax among the
parcels of real property within the District, in sufficient detail to allow each landowner within the
proposed District to estimate the maximum amount such owner will have to pay, are described
in Exhibit A to this Resolution which Exhibit is by this reference incorporated herein. This Board
of Directors hereby finds that the basis for the levy and apportionment of the special tax, as set
forth in the rate and method of apportionment of special taxes, is reasonable.
Section 8. The Treasurer of the Temecula Public Financing Authority, 43200 Business
Park Drive, Temecula, CA 92590, telephone number (909) 694-6430, is the officer of the
Authority that will be responsible for preparing annually and whenever otherwise necessary a
current roll of special tax levy obligations by assessor's parcel number and which will be
responsible for estimating future special tax levies pursuant to Section 53340.2 of the Law.
Section 9. Upon recordation of a notice of special tax lien pursuant to Section 3114.5
of the California Streets and Highways Code, a continuing lien to secure each levy of the
special tax shall attach to all nonexempt real property in the District and this lien shall continue
in force and effect until the special tax obligation is prepaid and permanently satisfied and the
lien canceled in accordance with law or until collection of the tax by the Authority ceases.
Section 10. In accordance with Section 53325.7 of the California Government Code,
the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the
California Constitution, of the District is hereby preliminarily established at $55,000,000 and
said appropriations limit shall be submitted to the voters of the District as provided below. The
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proposition establishing the appropriations limit shall become effective if approved by the
qualified electors voting thereon and shall be adjusted in accordance with the applicable
provisions of Section 53325.7 of the Law.
Section 11. Pursuant to the provisions of the Law, the proposition of the levy of the
special tax and the proposition of the establishment of the appropriations limit specified above
shall be submitted to the qualified electors of the District at an election, the time, place and
conditions of which election shall be as specified by a separate resolution of this Board of
Directors.
Section 12. This Resolution shall take effect upon its adoption.
PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula
Public Financing Authority at a meeting held on the 11th day of January, 2005.
Jeff Comerchero, Chairperson
ATTEST:
Susan W. Jones, CMC
City Clerk/Authority Secretary
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 05-_ was duly adopted at a special
meeting of the Board of Directors of the Temecula Public Financing Authority on the 11th day of
January, 2005, by the following vote:
AYES:
NOES:
ABSENT:
BOARDMEMBERS:
BOARDMEMBERS:
BOARDMEMBERS:
Susan W. Jones, CMC
City Clerk/Authority Secretary
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EXHIBIT A
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 03-02
(RORIPAUGH RANCH)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
TEMECULA PUBLIC FINANCING AUTHORITY
A Special Tax shall be levied and collected on all Taxable Property located within the
boundaries of CFD No. 03-02 Temecula Public Financing Authority Community Facilities District
No. 03-02 (Roripaugh Ranch) ("CFD No. 03-02"). The amount of Special Tax to be levied in
each Fiscal Year on a Parcel in CFD No. 03-02, commencing with Fiscal Year 2005-2006, shall
be determined by the CFD Administrator through the application of the procedures described
below. All of the real property in CFD No. 03-02, unless exempted by law or the provisions
herein, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
In addition to the capitalized terms set forth in the preceding paragraph, capitalized
terms used in this Section A shall have the following meanings:
"Acre" means 43,560 square feet of land. The Acres for a Parcel means the land area
of the Parcel as shown on or determined from the applicable Assessor's Parcel Map.
Notwithstanding the foregoing, the Acres attributable to each Parcel of Residential
Property that is (i) located in a Final Map and (ii) an individual single-family home lot or
Condominium shall be computed by the CFD Administrator by dividing the sum of the
land area for all such Parcels of Residential Property in the Final Map by the number of
such Parcels. The Acres for any leasehold or possessory interest shall be the Acres for
the Parcel which corresponds to such leasehold or possessory interest.
"Acreage Special Tax" means the special tax set forth in Section C.2 below.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of
California.
"Administrative Expenses" means the actual or reasonably estimated costs directly
related to the administration of CFD No. 03-02, including but not limited to the following:
(i) the costs of computing the Special Taxes and of preparing the annual Special Tax
collection schedules (whether by the CFD Administrator or designee thereof, or both);
(ii) the costs of collecting the Special Taxes (whether by the Authority, County, City, or
otherwise); (iii) the costs of remitting the Special Taxes to the fiscal agent or trustee for
any Bonds; (iv) the costs of commencing and pursuing to completion any foreclosure
action arising from delinquent Special Taxes; (v) the costs of the fiscal agent or trustee
(including its legal counsel) in the discharge of the duties required of it under any
Indenture; (vi) the costs of the Authority, City, or designee of complying with arbitrage
rebate and disclosure requirements of applicable federal and State of California
securities laws, the Act, and the California Government Code, including property owner
or Bond owner inquiries regarding the Special Taxes; (vii) the costs associated with the
release of funds from any escrow account; (viii) the costs of the Authority, City, or
designee related to any appeal of a Special Tax; and (ix) an allocable share of the
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salaries of the City staff and City overhead expense directly relating to the foregoing.
Administrative Expenses shall also include amounts advanced by the City or the
Authority for any administrative purposes of CFD No. 03-02.
"Assessor" means the County Assessor of the County of Riverside.
"Assessor's Parcel Map' means an official map of the Assessor designating parcels of
land or Condominium units by number.
"Authority" means the Temecula Public Financing Authority.
"Board of Directors" means Board of Directors of the Authority, acting as the legislative
body of CFD No. 03-02.
'Bonds' means any bonds or other indebtedness (as defined in the Act), whether in one
or more series, the repayment of which is secured by the levy of Special Taxes on
Parcels within CFD No. 03-02.
"CFD Administrator' means the Finance Director of the City, or designee thereof,
responsible for determining the Special Tax Requirement and providing for the levy and
collection of Special Taxes.
"City" means the City of Temecula, California.
'Condominium" means a residential dwelling unit meeting the statutory definition of a
condominium contained in the California Civil Code, Section 1351, and for which a
condominium plan has been recorded pursuant to California Civil Code, Section 1352.
"County" means the County of Riverside, California.
"Developed Property" means all Parcels of Taxable Property, for which a Final Map was
recorded as of the January 1 and a building permit for new construction was issued as
of the April 1 preceding the Fiscal Year in which the Special Tax is being levied,
exclusive of Property Owner's Association Property and Public Property.
"Dwelling Unit Special Tax" means the special tax set forth in Section C.1 below.
"Exempt Property" means any Parcel located within the boundaries of CFD No. 03-02
which is exempt from the Special Tax pursuant to law or Section E below.
"Final Map" means a subdivision of property by recordation of a (i) final map or parcel
map approved by the City pursuant to the Subdivision Map Act (California Government
Code Section 66410 et seq.), (ii) lot line adjustment approved by the City, or (iii)
condominium plan pursuant to California Civil Code 1352.
"Fiscal Year" means the period starting on each July 1 and ending on the following June
30.
"Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or
other instrument pursuant to which Bonds are issued, as modified, amended and/or
supplemented from time to time, and any instrument replacing or supplementing the
same.
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"Land Use" means the land use set forth in the Land Use Plan.
"Land Use Plan" means the approved land use plan for the Specific Plan.
"Lot" means (i) any lot within a Final Map that is located at least partially within the
boundaries of CFD No. 03-02 or (ii) any land within the boundaries of CFD No. 03-02
that is conveyed, dedicated, or otherwise acquired by or irrevocably offered to the
federal government, the State of California, the County, the City, or any local
government or other governmental agency.
"Maximum Special Tax" means the maximum special tax, determined in accordance
with Section C, that can be levied in any Fiscal Year on any Parcel.
"Non-Residential Property" means all Parcels of Taxable Property which are not
classified as Residential Property, Property Owner's Association Property, or Public
Property .
"Parcel" means a parcel (i) which is located at least partially within the boundaries of
CFD No. 03-02 and (ii) to which an Assessor's parcel number is assigned as shown on
an Assessor's Parcel Map.
"Planning Area" means those planning areas designated by number on the Land Use
Plan.
"Property Owner's Association Property" means (i) any Parcel for which the owner of
record, as determined from the County Assessor's secured tax roll for the Fiscal Year in
which the Special Tax is being levied, is a property owner's association, including any
master or sub-association, (ii) any Lot located in a Final Map that was recorded as of the
January 1 preceding the Fiscal Year in which the Special Tax is being levied and which,
as determined from such Final Map, is or will be open space, a private park or
recreation facility, or a private street owned by a property owner's association, (iii) any
Lot within a Final Map that is located within the boundaries of CFD No. 03-02 and was
recorded as of the January 1 preceding the Fiscal Year in which the Special Tax is being
levied and any Parcel for which the Land Use is private mini park or private recreation
center, or (iv) any Lot or Parcel which, as of the April 1 preceding the Fiscal Year for
which the Special Tax is being levied, has been conveyed, irrevocably dedicated, or
irrevocably offered to a property owner's association, including any master or sub-
association, provided such conveyance, dedication, or offer is submitted to the CFD
Administrator prior to the May 1 preceding the Fiscal Year for which the Special Tax is
being levied.
"Proportionately" means that with respect to a given classification of property the ratio of
the Special Tax to the Dwelling Unit Special Tax or Acreage Special Tax, as applicable,
is the same for all Parcels assigned to such classification. For example, levying the
Special Tax Proportionately on Parcels of Developed Residential Property means that
for all such Parcels the ratio of the Special Tax to the Dwelling Unit Special Tax is the
same.
"Public Property" means (i) any Parcel for which the owner of record, as determined
from the County Assessor's secured tax roll for the Fiscal Year in which the Special Tax
is being levied, is the federal government, the State of California, the County, the City,
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or any local government or other governmental agency, (ii) any property within a Final
Map that is located within the boundaries of CFD No. 03-02 and was recorded as of the
January 1 preceding the Fiscal Year in which the Special Tax is being levied and which,
as determined from such Final Map, is or will be a public street, (iii) any Lot within a
Final Map that is located within the boundaries of CFD No. 03-02 and was recorded as
of the January 1 preceding the Fiscal Year in which the Special Tax is being levied and
any Parcel for which the Land Use is neighborhood park, sports park, educational,
public institutional, habitat, flood control, or landscape slope, unless such Lot or Parcel
has an underlying residential land use and the applicable public entity has provided
notice to the City that it will not acquire or otherwise take ownership of the Parcel, or (iv)
any Lot or Parcel which, as of the April 1 preceding the Fiscal Year for which the Special
Tax is being levied, has been conveyed, irrevocably dedicated to, or irrevocably offered
to the federal government, the State of California, the County, the City, or any local
government or other governmental agency, provided such conveyance, dedication, or
offer is submitted to the CFD Administrator prior to the May 1 preceding the Fiscal Year
for which the Special Tax is being levied.
"Residential Floor Area" means all of the square footage within the perimeter of a
residential structure, not including any carport, walkway, garage, overhang, patio,
enclosed patio, or similar area as determined from the applicable building permit(s)
issued for such structure as of the April 1 preceding the Fiscal Year in which the Special
Tax is being levied. Such determination shall be final following the final inspection or
certification of occupancy for the dwelling unit(s).
"Residential Property" means all Parcels of Taxable Property, exclusive of Property
Owner's Association Property and Public Property, designated with a residential Land
Use.
"Special Tax" means the Special Tax levied in each Fiscal Year on each Parcel.
"Special Tax Requirement" means (a) that amount with respect to CFD No. 03-02
required in any Fiscal Year to pay (i) for annual debt service on all outstanding Bonds
due in the calendar year which commences in such Fiscal Year; (ii) periodic costs on the
Bonds, including, but not limited to, the costs of remarketing, credit enhancement, and
liquidity facility fees (including such fees for instruments that serve as the basis of a
reserve fund in lieu of cash related to any such Bonds) and rebate payments; (iii) the
Administrative Expenses; (iv) any reasonably anticipated delinquent Special Taxes
based on the delinquency rate for Special Taxes levied in the previous Fiscal Year or
otherwise reasonably expected; (v) any amounts required to establish or replenish any
reserve funds established for the Bonds, and less (b) available funds as directed under
the Indenture.
"Specific Plan" means the Roripaugh Ranch Specific Plan (City of Temecula Resolution
02-112, Ordinance 02-13), as amended.
"Taxable Property" means all Parcels which are not exempt from the Special Tax
pursuant to law or Section E below.
"Taxable Property Owner's Association Property" means all Parcels of Property Owner's
Association Property which are not exempt from the Special Tax pursuant to law or
Section E below.
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"Taxable Public Property" means all Parcels of Public Property which are not exempt
from the Special Tax pursuant to law or Section E below.
"Undeveloped Property" means all Parcels of Taxable Property which are not classified
as Developed Property, exclusive of Property Owner's Association Property and Public
Property .
B. ASSIGNMENT TO LAND USE CATEGORY
Each Fiscal Year, commencing with Fiscal Year 2005-2006, all Parcels shall be
classified as either Taxable Property or Exempt Property. Taxable Property shall be
further classified as Residential Property, Non-Residential Property, Taxable Property
Owner's Association Property, or Taxable Public Property. Residential Property and
Non-Residential Property shall be further classified as Developed Property and
Undeveloped Property (hereinafter referred to as "Developed Residential Property,"
"Developed Non-Residential Property," "Undeveloped Residential Property," or
"Undeveloped Non-Residential Property").
For purposes of determining the applicable Dwelling Unit Special Tax, Developed
Residential Property shall be assigned to classifications one through fifteen in Table 1
below based on Residential Floor Area. If a Parcel consists of two or more lots located
in a Final Map that was recorded as of the January 1 preceding the Fiscal Year for
which the Special Tax is being levied, each such lot shall be treated as a Parcel and
classified independently of the other; however, the aggregate Special Tax for the lots
will be levied on the Parcel.
C. MAXIMUM SPECIAL TAX RATE
The Maximum Special Tax for each Parcel of Developed Residential Property shall be
the greater of the applicable Dwelling Unit Special Tax or Acreage Special Tax. If there
are two or more residential dwelling units located on a Parcel, the applicable Dwelling
Unit Special Tax for such Parcel shall be the sum of the Dwelling Unit Special Tax for
each such residential dwelling unit. The Maximum Special Tax for each Parcel of
Undeveloped Residential Property, Non-Residential Property, Taxable Property Owner's
Association Property, and Taxable Public Property shall be the applicable Acreage
Special Tax.
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1. Dwelling Unit Special Tax
The Dwelling Unit Special Tax rates are shown in Table 1 below.
TABLE 1
DWELLING UNIT SPECIAL TAX RATES FOR
DEVELOPED RESIDENTIAL PROPERTY
DWELLING
RESIDENTIAL UNIT
FLOOR SPECIAL
SPECIAL TAX CLASSIFICATION AREA TAX
1 Residential >5,000 $4,230'
2 Residential >4,400 and <=5,000 $3,995'
3 Residential >4,200 and <=4,400 $3,520'
4 Residential >4,000 and <=4,200 $3,356'
5 Residential >3,800 and <=4,000 $3,192'
6 Residential >3,600 and <=3,800 $3,028'
7 Residential >3,400 and <=3,600 $2,865'
8 Residential >3,200 and <=3,400 $2,701'
9 Residential >3,000 and <=3,200 $2,537'
10 Residential >2,800 and <=3,000 $2,374'
11 Residential >2,600 and <=2,800 $2,210'
12 Residential >2,400 and <=2,600 $2,046'
13 Residential >2,200 and <=2,400 $1,883'
14 Residential >2,000 and <=2,200 $1,719'
15 Residential <=2,000 $1,586'
'Per residential dwelling unit
2. Acreage Special Tax
The Acreage Special Tax rates are shown in Table 2 below.
TABLE 2
ACREAGE SPECIAL TAX RATES
PROPERTY CLASSIFICATION/LAND USE ACREAGE SPECIAL TAX
Developed and Undeveloped Residential Property
Low Density (L) or Low-Estate Density (L-E) $5,620 Per Acre
Low Medium Density (LM) $17,665 Per Acre
Medium Density Standard (M1) $17,665 Per Acre
Medium Density Clustered (M2) $17,665 Per Acre
Developed and Undeveloped Non-Residential Property (NC) $8,247 Per Acre
Taxable Property Owner's Association Property $17,665 Per Acre
Taxable Public Property $17,665 Per Acre
Notwithstanding the above, if the Land Use Plan is amended or the zoning of the Planning
Areas is otherwise amended resulting in a Land Use which is not shown in Table 2 above, then
the Acreage Special Tax rate applicable to each Parcel to which the new Land Use applies shall
be $17,665. In addition, if at any time subsequent to the issuance of Bonds the Land Use Plan
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;
is amended or the zoning or configuration of the Planning Areas is otherwise amended, the
CFD Administrator shall determine if the Acreage Special Taxes that may thereafter be levied
are less than the sum of estimated Administrative Expenses and one hundred ten percent
(110%) of the maximum annual debt service for outstanding Bonds. If the amended Land Use
Plan, zoning, and/or Planning Area configuration has resulted in such a reduction, then the
Acreage Special Tax for each Parcel to which such amendments apply shall be computed using
the Acreage Special Tax rate(s) previously applicable to such Parcel. If the previous Land Use
for any portion of a Parcel to which the amended Land Use Plan, zoning, and/or Planning Area
configuration applies was not low density (L), low-estate density (L-E), low medium density
(LM), medium density standard (M1), medium density clustered (M2), or neighborhood
commercial (NC) then the applicable Acreage Special Tax rate shall be $17,665.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2005-2006 and for each following Fiscal Year, the CFD
Administrator shall levy the Special Tax on all Taxable Property to fund the Special Tax
Requirement as follows:
First: The Special Tax shall be levied Proportionately on each Parcel of Developed
Property, up to 100% of the applicable Dwelling Unit Special Tax in the case of
Developed Residential Property and up to 100% of the applicable Acreage Special Tax
in the case of Developed Non-Residential Property;
Second: If additional Special Taxes are needed after the first step, the Special Tax shall
be levied Proportionately on each Parcel of Undeveloped Property, up to 100% of the
applicable Acreage Special Tax;
Third: If additional Special Taxes are needed after the second step, the Special Tax for
Parcels of Developed Property for which the Maximum Special Tax is derived from the
applicable Acreage Special Tax shall be increased equally, measured on a percentage
basis, from the amounts levied under the preceding Step 1 up to 100% of the applicable
Acreage Special Tax (i.e., the percentage increase shall be equal for all applicable
Parcels, until the Maximum Special Tax is reached); and
Fourth: If additional Special Taxes are needed after the third step, the Special Tax shall
be levied Proportionately on each Parcel of Taxable Property Owner's Association
Property and Taxable Public Property up to the applicable Maximum Special Tax.
Notwithstanding the above, under no circumstances will the Special Taxes levied
against any Parcel used as a private residence be increased as a consequence of
delinquency or default by the owner of any other Parcel or Parcels within CFD No. 03-02
by more than ten percent (10%) per Fiscal Year. In addition, under no circumstances
will the Acreage Special Tax be levied against Parcels of Developed Residential
Property if the Special Taxes which may be levied pursuant to the first and second steps
above are equal to or greater than sum of estimated Administrative Expenses and one
hundred ten percent (110%) of the then maximum annual debt service for outstanding
Bonds.
E. EXEMPTIONS
The Board of Directors shall not levy a Special Tax on up to 511.11 Acres of Property
Owner's Association Property and Public Property. If the total number of Acres of
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Property Owner's Association Property and Public Property exceeds 511.11, the
chronological order in which such property is classified will determine which Parcels are
classified as Exempt Property and which are classified as Taxable Property. If a Lot or
Parcel is no longer classified as Property Owner's Association Property or Public
Property, its status as Exempt Property will be revoked.
The following property shall be classified as Property Owner's Association Property or
Public Property, as applicable, at the time CFD No. 03-02 is established and shall count
toward the limitation of 511 .11 Acres of Property Owner's Association Property and
Public Property set forth in the preceding paragraph:
. Property Owner's Association Property and Public Property: Lots A and B
(portion of Murrieta Hot Springs Road), Lot 2 (private mini park), Lot 5 (private
recreation center), and Lot 8 (open space) of Tract 29353-1; Lots Hand 5 (open
space), Lots A through G and M through 0 (streets), Lots I, J, and K (flood
control), Lot L (equestrian trail), Lots 2 and 9 (parks), Lots 10 and 11 (school
sites), and Lot 12 (fire station) of Tract 29353-2; and the property described in
and conveyed to the City pursuant to a grant deed dated May 21, 2003 and
recorded with the County as Document Number 2003-371374.
Subject to Section 53317.5 of the Act, if a Lot or Parcel classified as Developed
Residential Property is acquired by a public entity by any means, including by negotiated
transaction, gift, devise, or foreclosure, such Lot or Parcel will notwithstanding anything
else herein be subject to the Special Tax in accordance with the terms for Developed
Residential Property. In addition, if a Parcel of Public Property is leased to a non-
governmental entity, then the leasehold or possessory interest, in accordance with
Section 53340.1 of the Act, shall be subject to the applicable Acreage Special Tax.
F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes and shall be subject to the same penalties, the same
procedure, sale and lien priority in the case of delinquency; provided, however, that the
Special Tax may be billed directly and/or may be collected at a different time or in a
different manner if necessary or convenient to meet the financial obligations of CFD No.
03-02, or as otherwise determined by the CFD Administrator. The foreclosure remedies
provided for in the Indenture shall apply upon the nonpayment of the Special Tax.
G. REVIEW AND APPEALS
Any taxpayer may file a written appeal of the Special Tax levied on his/her property with
the CFD Administrator, provided that the appellant is current in his/her payments of
Special Taxes. During the pendency of an appeal, all Special Taxes previously levied
must be paid on or before the payment date established when the levy was made. The
appeal must specify the reasons why the appellant claims the Special Tax is in error.
The CFD Administrator shall review the appeal, meet with the appellant if the CFD
Administrator deems necessary, and advise the appellant of its determination. If the
CFD Administrator agrees with the appellant, the CFD Administrator shall grant a credit
to eliminate or reduce future Special Taxes on the appellant's property. No refunds of
previously paid Special Taxes shall be made.
A-S
H. PREPAYMENT OF SPECIAL TAX
1. Full Prepayment- Developed Residential Property, Non-Residential Property,
and Taxable Property Owner's Association Property
The Maximum Special Tax for any Parcel of Developed Residential Property,
Non-Residential Property, or Taxable Property Owner's Association Property
may be prepaid and permanently satisfied as described herein, provided that a
prepayment may be made only if at the time of the prepayment there are no
delinquent Special Taxes with respect to such Parcel and all other Parcels which
are under the same ownership and located within CFD No. 03-02. An owner of a
Parcel intending to prepay the Maximum Special Tax shall provide the CFD
Administrator with written notice of intent to prepay, and within 10 business days
of receipt of such written notice, the CFD Administrator shall notify such owner of
the non-refundable deposit determined to cover the cost to be incurred by the
CFD No. 03-02 in calculating the prepayment amount. Within 10 business days
of receipt of such non-refundable deposit, the CFD Administrator shall notify
such owner of the prepayment amount. Prepayment must be made not less
than 60 days prior to any redemption date, unless otherwise authorized by the
CFD Administrator, for any Bonds to be redeemed with the prepayment
proceeds.
The 'Full Prepayment Amount" means an amount equal to the sum of (1) Bond
Redemption Amount, (2) Redemption Premium, (3) Defeasance Amount, and (4)
Fees, less the Reserve Fund Credit, where the terms "Bond Redemption
Amount,' 'Redemption Premium," "Defeasance Amount,' 'Fees,' and 'Reserve
Fund Credit" have the following meanings:
"Bond Redemption Amount" means the principal amount of Bonds to be
redeemed and equals the greater of (a) the quotient derived by dividing
(i) the applicable Dwelling Unit Special Tax, in the case of Residential
Property, or Acreage Special Tax, in the case of Non-Residential
Property or Taxable Property Owner's Association Property by (ii) the
sum of the aggregate Dwelling Unit Special Taxes (for Residential
Property) and Acreage Special Taxes (for Non-Residential Property) for
CFD No. 03-02 (and excluding from (ii) any Special Taxes which have
been prepaid) or (b) the quotient derived by dividing (iii) the applicable
Acreage Special Tax by (iv) the sum of the aggregate Acreage Special
Taxes (for Residential Property and Non-Residential Property) for CFD
No. 03-02 (and excluding from (iv) any Special Taxes which have been
prepaid) in each case multiplied by the principal amount of outstanding
Bonds rounded up to the nearest $5,000. The aggregate special taxes
under (a) and (b) above means the aggregate special taxes upon
completion of the development of CFD No. 03-02. Prior to the completion
of the development of CFD No. 03-02, the aggregate special taxes under
(a) and (b) above shall be as projected by the CFD Administrator.
"Redemption Premium" means the Bond Redemption Amount multiplied
by the applicable redemption premium, if any, for the Bonds to be
redeemed.
A-9
"Defeasance Amount" means the amount needed to pay interest on the
Bond Redemption Amount until the earliest redemption date for the
outstanding Bonds. Credit shall be given for any portion of the Special
Tax heretofore paid by the Parcel for which the Full Prepayment Amount
is being calculated and which will be, but has not yet been, utilized to pay
interest and principal on the Bonds.
"Fees" equal the fees and expenses of CFD No. 03-02 related to the Full
Prepayment Amount, including, but not limited to, the costs of computing
the Full Prepayment Amount, the costs of redeeming Bonds, and the
costs of recording any notices to evidence that the Maximum Special Tax
has been prepaid.
"Reserve Fund Credit" shall equal the lesser of (i) the reduction in the
applicable "Reserve Requirement," as such term is defined in the
Indenture, if any, following the redemption of Bonds from proceeds of the
Prepayment Amount or (ii) the amount derived by subtracting the new
Reserve Requirement in effect after the redemption of Bonds from
proceeds of the Full Prepayment Amount from the balance in the
"Reserve Fund," as such term is defined in the Indenture, on the
prepayment date, but in no event shall such amount be less than zero.
The CFD Administrator shall remove any portion of the Special Tax which has
been enrolled but not paid. With respect to any Parcel that has prepaid the
Maximum Special Tax, the Board of Directors shall cause a suitable notice to be
recorded in compliance with the Act, to indicate the prepayment of the Maximum
Special Tax and the release of the Special Tax lien on such Parcel, and the
obligation of such Parcel to pay the Special Tax shall cease.
2. Partial Prepayment - Developed Property, Non-Residential Property, and
Taxable Property Owner's Association Property
The Maximum Special Tax for any Parcel of Developed Residential Property,
Non-Residential Property, or Taxable Property Owner's Association Property
may be prepaid in part as described herein, provided that (i) the Bond
Redemption Amount must be an integral multiple of $5,000 and (ii) at the time of
the prepayment there are no delinquent Special Taxes with respect to such
Parcel and all other Parcels which are under the same ownership and located
within CFD No. 03-02. The "Partial Prepayment Amount" shall be computed
using the methodology in Section H,1 and substituting the portion of the
Maximum Special Tax to be prepaid by the Parcel for its Dwelling Unit Special
Tax and Acreage Special Tax when determining the Bond Redemption Amount.
The owner intending to prepay a portion of the Maximum Special Tax shall notify
the CFD Administrator in writing of (i) such owner's intent to partially prepay the
Maximum Special Tax, (Ii) the percentage by which the Maximum Special Tax
shall be prepaid, and (iii) the company or agency that will be acting as the
escrow agent, if applicable, and within 10 business days of receipt of such
written notice, the CFD Administrator shall notify such owner of the non-
refundable deposit determined to cover the cost to be incurred by CFD No. 03-02
in calculating the amount of the partial prepayment. Within 10 business days of
receipt of such non-refundable deposit, the CFD Administrator shall notify such
A-10
owner of the Partial Prepayment Amount. Prepayment must be made not less
than 60 days prior to any redemption date, unless authorized by the CFD
Administrator, for any Bonds to be redeemed with the prepayment proceeds.
With respect to any Parcel that has prepaid a portion of the Maximum Special
Tax, the CFD Administrator shall indicate in the records of CFD No. 03-02 that
there has been a partial prepayment of the Maximum Special Tax, the amount of
the Maximum Special Tax which has been prepaid, and the amount of the
Maximum Special Tax which continue to be levied on such Parcel.
The Bond Redemption Amount, Redemption Premium, Defeasance Amount, and
Reserve Fund Credit shall be used to pay interest on and redeem Bonds in
accordance with the Indenture. Notwithstanding the foregoing, no prepayment
shall be allowed unless the amount of Maximum Special Taxes that may be
levied in CFD No. 03-02 after the proposed prepayment is at least the sum of (i)
the estimated Administrative Expenses and (ii) one hundred ten percent (110%)
of the annual debt service on the Bonds, taking into account the amount of
Bonds to remain outstanding after such prepayment.
I. TERM
The Maximum Special Tax shall be levied for a period not to exceed 50 Fiscal Years,
commencing with Fiscal Year 2005-2006.
A-11
JOINT COMMUNITY FACILITIES AGREEMENT
EMWD
JOINT COMMUNITY FACILITIES AGREEMENT
by and among the
TEMECULA PUBLIC FINANCING AUTHORITY
and
ASHBY USA, LLC
_.
and
EASTERN MUNICIPAL WATER DISTRICT
relating to:
Temecula Public Financing Authority
Community Facilities District No. 03-02
(Roripaugh Ranch)
JOINT COMMUNITY FACILITIES AGREEMENT
THIS JOINT COMMUNITY FACILITIES AGREEMENT (the "Agreement") is entered
into effective as of the 1" day of January, 2005, by and among TEMECULA PUBLIC
FINANCING AUTHORITY, a joint exercise of powers authority (the "Authority"), ASHBY
USA, LLC, a California limited liability company ("Property Owner"), and EASTERN
MUNICIPAL WATER DISTRICT, a public agency organized and existing pursuant to Division
20 of the California Water Code ("EMWD"), and relates to the proposed formation by Authority
of a community facilities district to be known as "Temecula Public Financing Authority
Community Facilities District No. 03-02 (Roripaugh Ranch)" (the "CFD") for the purpose of
financing certain facilities to be owned and operated by EMWD from proceeds of bonds issued
by the proposed CFD,
RECITALS:
A. The property described and depicted in Exhibit" A" hereto (the "Property") which is
located in the City of Temecula, County of Riverside, State of California, is proposed to
constitute the land within the boundaries of the CFD.
B. Property Owner intends to develop the Property for residential purposes and has
obtained or intends to obtain the necessary development approvals to construct approximately
1,761 detached single family residential units on the Property, as such development may be
modified from time to time (the "Project").
C. Property Owner petitioned the Authority to form the CFD for the purpose of
financing, among other things, the acquisition and! or construction of various public facilities to
be owned and operated by EMWD as described in Exhibit "B" hereto, which facilities will
benefit the Project in whole or in part, and will be constructed by or on behalf of Property
Owner and ultimately owned and operated by EMWD (the" Acquisition Facilities"). Upon the
construction of the Acquisition Facilities by or on behalf of Property Owner and the inspection
and acceptance thereof by EMWD as described herein, the Acquisition Facilities shall become
part of the EMWD system,
D. Property Owner has yet to determine whether it will finance any or all of the
Acquisition Facilities with Bond Proceeds (defined below) available for such purpose, The
parties hereto acknowledge that the purpose of this Agreement is to satisfy the requirements of
the Act (defined below).
E, EMWD and Property Owner agree that any Acquisition Facilities to be constructed by
Property Owner shall be eligible for acquisition by EMWD and the costs thereof shall be eligible
for reimbursement from Bond Proceeds pursuant to this Agreement.
F. [intentionally omitted]
G. In addition to the Acquisition Facilities, certain facilities to be owned and operated by
City of Temecula and the Temecula Community Services District (collectively, the "City
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Facilities") are expected to be funded from proceeds of bonds issued by proposed the CFD prior
to the funding of Acquisition Facilities.
H, Authority will have sole discretion and responsibility for the formation and
administration of the CPD.
1. The Board of Directors of the Authority (the "Board of Directors") has, by adoption of
Resolution No. TPFA 04-08 on August 24, 2004, declared its intention to form and establish the
CFD pursuant to the provisions of the Act (defined below).
J. Authority is authorized by Section 53313.5 of the Act to assist in the financing of the
acquisition and/ or construction of the Acquisition Facilities. This Agreement constirutes a joint
community facilities agreement, within the mearung of Section 53316.2 of the Act, by and
among EMWD, Property Owner, and Authority, pursuant to which the CFD, when and if
formed, will be authorized to finance the acquisition and/ or construction of all or a portion of
the Acquisition Facilities, As authorized by Section 53316,6 of the Act, responsibility for
constructing, providing for and operating the Acquisition Facilities is delegated to EMWD.
K. The parties hereto find and determine that the residents residing within the
boundaries of EMWD, City of Temecula and the CFD will be benefited by the construction
and/ or acquisition of the City Facilities and Acquisition Facilities and that this Agreement is
beneficial to the interests of such residents.
AGREEMENT
NOW, THEREFORE, in consideration of the murual promises and covenants set forth
herein, the parties hereto agree as follows:
1. Recitals. Each of the above recitals is incorporated herein and is true and correct.
2. Definitions. Unless the context clearly otherwise requires, the terms defined in this
Section shall, for all purposes of this Agreement, have the mearungs herein specified.
(a) "Acquisition Facility or Facilities" means those sewer and water facilities
listed on Exhibit "B" hereto, which are eligible to be constructed by the Property Owner,
acquired by EMWD and paid for with Bond Proceeds.
(b) "Acquisition Price" means the amount to be paid out of Bond Proceeds for an
Acquisition Facility.
(c) "Act" means the Mello-Roos Community Facilities Act of 1982, Chapter 2.5
(commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California
Government Code.
(d) "Acrual Costs" with respect to an Acquisition Facility includes: (i) the acrual
hard construction costs including labor, materials and equipment costs, (ii) the costs
incurred in design, engineering and preparation of plans and specifications, (iii) the fees
paid to consultants and government agencies in connection with and for obtaining
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permits, licenses or other required governmental approvals, (iv) construction
management fee of 5% of the costs described in clause (i) above, (v) professional costs
such as engineering, legal, accounting. inspection, construction staking, materials testing
and similar professional services, (vi) costs of payment, performance of maintenance
bonds, and insurance costs (including the costs of any title insurance), and (vii) the value
of any real property or interests therein that (1) are required for the construction of the
Acquisition Facility such as temporary construction easements, haul roads, etc. and (2)
are required to be conveyed with such Acquisition Facility in an amount equal to the fair
market value of such real property or interests therein.
(e) [intentionally omitted]
(f) "Bond Proceeds" or "Proceeds of the Bonds" shall mean those net funds
generated by the sale of the Bonds and investment earnings thereon.
(g) "Bond Resolution" means the Fiscal Agent Agreement providing for the
issuance of the Bonds.
(h) "Bonds" shall mean those bonds issued by, or on behalf of the CFD in one or
',more series, as authorized by the qualified electors within the CFD.
(i) "City Facilities" means those public improvements to be owned, operated or
maintained by the City of Temecula and the Temecula Community Services District
identified in proceedings to form the CFD that are eligible to be financed with Bond
Proceeds.
(j) "EMWD Engineer" means the engineering firm or in-house personnel used by
EMWD to determine the value of an Acquisition Facility to be acql!ireS...'Yi~ Bond
Proceeds.
(k) "EMWD Fees" means water supply development fees, water backup fees,
sewer backup fees, sewer treatment capacity charges and all components thereof
imposed by EMWD upon the Project.
(I) [intentionally omitted]
(m) "EMWD Representative" means the EMWD Engineer or his designee,
(n) "Field Engineer" shall have the meaning ascribed to the term in Section 7(a)(i)
of this Agreement.
(0) [intentionally omitted]
(p) "Party" or "Parties" shall mean anyone or all of the parties to this
Agreement.
-4-
(q) "Plans and Specifications" shall mean the plans and specifications for the
design and construction of an Acquisition Facility as approved by EMWD, which
approval shall not be unreasonably withheld.
(r) "Rate and Method" means the Rate and Method of Apportionment of the
Special Tax authorizing the levy and collection of special taxes pursuant to proceedings
undertaken for the formation of the CFD pursuant to the Act,
(s) "Special Taxes" means the special taxes authorized to be levied and collected
pursuant to the Rate and Method,
(t) "State" means the State of California.
(u) "Substantially Complete" or "Substantial Completion" with respect to an
Acquisition Facility means that such Acquisition Facility is substantially complete in
accordance with its Plans and Specifications and is available for use by the public for its
intended purpose, notwithstanding any final "punch list" items still required to be
completed, unless such items are required for the safe operation of such Acquisition
Facility, and shall be based upon approval of EMWD's inspectors, which shall not be
unreasonably withheld.
3. Proposed Formation of the CFD. Authority will undertake to analyze the
appropriateness of forming the CFD to finance the Acquisition Facilities and other facilities.
Authority has retained, at the expense of the Property Owner, the necessary consultants to
analyze the proposed formation of the CFD.
4. Sale of Bonds and Use of Proceeds. In the event that the CFD is formed, the Board of
Directors acting as the legislative body of the CFD may, in its sole discretion, finance the
Acquisition Facilities by issuing the Bonds.
Nothing herein shall supersede the obligation of an owner of the Property to pay
EMWD Fees to EMWD when due as a condition of receiving water and sewer service to the
Property. The purpose of this Agreement is to provide a mechanism by which the CFD may
issue the Bonds to provide a source of funds to fund the Acquisition Price of Acquisition
Facilities.
The Bonds shall be issued only if, in its sole discretion, the Board of Directors determines
that all requirements of State and Federal law and all Authority policies have been satisfied or
have been waived by Authority. In no event shall EMWD or any owner of the Property,
including Property Owner, have a right to compel the issuance of the Bonds or the
disbursement of Bond Proceeds to fund Acquisition Facilities.
5. [intentionally omitted]
6, Ownership of Acquisition Facilities. The Acquisition Facilities shall be and remain the
property of EMWD.
-5-
7. Acquisition Facilities. The Parties acknowledge that EMWD may require the Property
Owner, pursuant to the EMWD Rules and Regulations, to design, construct and dedicate to
EMWD the Acquisition Facilities as a condition to providing water and sewer service to the
Property. The following provisions of this Section 7 shall apply solely with respect to those
Acquisition Facilities to be constructed by Property Owner and acquired by EMWD with Bond
Proceeds:
(a) Construction and Acquisition of Acquisition Facilities.
(i) The Property Owner will complete the Plans and Specifications for such
Acquisition Facilities. The Plans and Specifications shall include EMWD's standard
specifications and shall be subject to EMWD approval, which shall not be unreasonably
withheld. EMWD agrees to process any Plans and Specifications for approval with
reasonable diligence and in a timely manner. The Property Owner may proceed with
the construction of any such Acquisition Facilities in accordance with the provisions of
Section 7(b) hereof. A qualified engineering firm (the "Field Engineer") shall be
employed by Property Owner to provide all field engineering surveys determined to be
necessary by the EMWD inspection personnel. Field Engineer shall promptly furnish to
EMWD a complete set of grade sheets listing all locations, offsets, etc., in accordance
with good engineering practices, and attendant data and reports resulting from the Field
Engineer's engineering surveys and/or proposed facility design changes. EMWD shall
have the right, but not the obligation, to review, evaluate and analyze whether such
results comply with applicable specifications.
(ii) A full-time soils testing firm, approved by EMWD, shall be employed by
Property Owner to conduct soil compaction testing and certification. Property Owner
shall promptly furnish results of all such compaction testing to EMWD for its review,
evaluation and decision as to compliance with applicable sp~c!fications, In the event the
compaction is not in accordance or compliance with applicable specifications, Property
Owner shall be fully liable and responsible therefore. A final report shall be required
fully certifying trench compaction efforts prior to acceptance of each of the Acquisition
Facilities.
(iii) The cost of all surveying, compaction testing and report costs assoCiated with
such Acquisition Facilities furnished and constructed by any contractors or sub-
contractors (collectively, "Contractors") shall be included among the costs which are
eligible to be paid from the Bond Proceeds.
(iv) EMWD shall not be responsible for conducting any environmental,
archaeological, biological, or cultural studies or any mitigation requirements related to
the Acquisition Facilities to be constructed by Property Owner that may be requested by
appropriate Federal, State, and/or local agencies. Any such work shall be paid for and
such work shall be conducted by, or on behalf of Property Owner and the costs of such
work shall be eligible to be paid from the Bond Proceeds,
(b) Public Works Requirements. In order to ensure that the Acquisition Facilities to be
constructed by the Property Owner and acquired with Bond Proceeds will be constructed as if
they had been constructed under the direction and supervision, or under the authority of, the
-6-
EMWD, so that they may be acquired by the EMWD pursuant to Government Code Section
53313.5, the Property Owner shall comply with all of the following requirements:
(i) The Property Owner shall obtain a minimum of three (3) bids from firms
reasonably determined to be qualified to construct the Acquisition Facilities in
conformance with the Plans and Specifications.
(ii) Property Owner shall make arrangements with EMWD to schedule the bid
opening, which is to be held at EMWD headquarters, conducted by Property Owner and
witnessed by EMWD staff.
(iii) The contract or contracts for the construction of such Acquisition Facilities
shall be awarded to the responsible bidder(s) submitting the lowest responsive bid(s) for
the construction of such Acquisition Facilities.
(iv) The Property Owner shall require, and the specifications and bid and
contract documents shall require all such Contractors to pay prevailing wages and to
otherwise comply with applicable provisions of the State Labor Code, Government Code
and Public Contract Code relating to public works projects to the extent applicable to a
non-governmental entity constructing infrastructure to be acquired by a public entity.
(v) Said Contractors shall be required to furnish labor and material payment
bonds and contract performance bonds in an amount equal to 100 percent of the contract
price naming the Property Owner and the EMWD as obligees and issued by insurance
or surety companies approved by the EMWD. All such bonds shall be in a form
approved by the EMWD Representative. Rather than requiring its Contractors to
provide such bonds, the Property Owner may elect to provide the same for the benefit of
its Contractors.
(vi) All such Contractors shall be required to provide proof of insurance coverage
throughout the term of the construction of such Acquisition Facilities which they will
construct in conformance with the approved Plans and Specifications,
(vii) The Property Owner and all such Contractors shall comply with such other
requirements relating to the construction of such Acquisition Facilities which the EMWD
may impose by written notification delivered to the Property Owner and each such
Contractor at any time either prior to the receipt of bids by the Property Owner for the
construction of such Acquisition Facilities or, to the extent required as a result of
changes in applicable laws, during the progress of construction thereof. In accordance
with this Section 7(b), the Property Owner shall be deemed the awarding body and shall
be solely responsible for compliance and enforcement of the provisions of the State
Labor Code, Government Code, and Public Contract Code to the extent expressly
applicable to a non-governmental entity constructing infrastructure to be acquired by a
public entity.
(viii) The Property Owner shall provide proof to the EMWD, at such intervals
and in such form as the EMWD Representative may require, that the foregoing
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requirements have been satisfied as to all of the Acquisition Facilities constructed by
Property Owner, acquired by EMWD and paid for with Bond Proceeds.
(c) Inspection; Completion of Constmction.
(i) EMWD shall have primary responsibility for providing inspection of the
constmction of the Acquisition Facilities constmcted by the Property Owner to ensure
that the construction is accomplished in accordance with the Plans and Specifications.
EMWD's personnel shall have access to the site of the work at all reasonable times for
the purpose of accomplishing such inspection. Upon Substantial Completion of the
construction of such Acquisition Facilities by Property Owner, the Property Owner shall
notify the EMWD in writing that the constmction of such Acquisition Facilities has been
Substantially Completed.
(ii) Upon receiving such written notification from the Property Owner, and upon
receipt of written notification from its inspectors that construction of any of the
Acquisition Facilities by Property Owner has been Substantially Completed, EMWD
shall within 15 days notify the Property Owner in writing that the construction of such
Acquisition Facilities has been satisfactorily completed. Upon receiving such
notification, the Property Owner shall forthwith file with the County Recorder of the
County of Riverside a Notice of Completion pursuant to the provisions of Section 3093
of the Civil Code. The Property Owner shall furnish to the EMWD a duplicate copy of
each such Notice of Completion showing thereon the date of filing with the County
Recorder. Any actual costs reasonably incurred by the EMWD in inspecting and
approving the constmction of any Acquisition Facilities by Property Owner not
previously paid by the Property Owner shall be eligible to be reimbursed from Bond
Proceeds, or shall be directly paid by Property Owner if not reimbursed with Bond
Proceeds.
(d) Liens. Upon the expiration of the time for the recording of claim of liens as
prescribed by Sections 3115 and 3116 of the Civil Code, the Property Owner shall provide to the
EMWD such evidence or proof as the EMWD shall require that all persons, firms and
corporations supplying work, labor, materials, supplies and equipment on behalf of Property
Owner for the construction of any Acquisition Facilities have been paid, and that no claims of
liens have been recorded by or on behalf of any such person, firm or corporation. Rather than
await the expiration of the said time for the recording of claims of liens, the Property Owner
may elect to provide to the EMWD a title insurance policy or other security acceptable to the
EMWD guaranteeing that no such claims of liens will be recorded or become a lien upon the
Property with priority over the lien of the special taxes to be levied thereon in the proceedings
for the formation of the CFD.
(e) Acquisition, Acquisition Price; Source of Funds.
(i) Provided the Property Owner has complied with the requirements of this
Agreement, EMWD agrees to acquire the Acquisition Facilities from the Property
Owner. Notwithstanding the above, nothing herein shall be constmed as requiring
Property Owner to construct and deliver any Acquisition Facility. The price to be paid
by the CFD for the acquisition of such Acquisition Facilities by EMWD (the" Acquisition
-8-
Price") shall be the lesser of (i) the value of the Acquisition Facilities, or (ii) the total of
the Actual Costs of the Acquisition Facilities, or (Iii) the amount otherwise permitted
under the Acquisition Agreement between the Authority and the Property Owner. The
Property Owner shall transfer ownership of the Acquisition Facilities to the EMWD by
grant deed, bill of sale or such other documentation as the EMWD may require. Upon
the transfer of ownership of the Acquisition Facilities or any portion thereof from the
Property Owner to EMWD, EMWD shall be responsible for the maintenance of the
Acquisition Facilities or the portion transferred.
(ii) For purposes of determining the Acquisition Price to be paid by the CFD for
the acquisition of the Acquisition Facilities by EMWD, the value of such improvements
shall be the amount determined by the EMWD Engineer to be the value of the
Acquisition Facilities based on the Actual Costs submitted by the Property Owner, as
hereinbefore specified; provided, however, that if the EMWD Engineer determines that
such Actual Costs, or any of them, are excessive and that the value of the Acquisition
Facilities is less than the total amount of such Actual Costs, the Acquisition Price to be
paid by the CFD for the acquisition of the Acquisition Facilities shall be the lesser of the
value thereof as determined by the EMWD Engineer, or the amount otherwise permitted
under the Acquisition Agreement between the Authority and the Property Owner.
(iii) Upon completion of the constroction of any Acquisition Facilities by
Property Owner, the Property Owner shall deliver to EMWD copies of the contract(s)
, with the Contractor(s) who have constrocted the Acquisition Facilities or other relevant
documentation with regard to the payments made to such Contractor(s) and each of
them for the constroction of such Acquisition Facilities, and shall also provide to EMWD
copies of all invoices and purchase orders with respect to all supplies and materials
purchased for the constroction of such Acquisition Facilities. EMWD shall require the
EMWD Engineer to complete its det~rmination ~Wh.lLva!ue of the Acquisition Faciliges.,
as promptly as is reasonably possible.
(iv) To the extent funds are available therefor in accordance with the Acquisition
Agreement between the Authority and the Property Owner, and to the extent otherwise
permitted under such Acquisition Agreement, the Acquisition Price of any Acquisition
Facilities may be determined and paid out of Bond Proceeds available for such purpose
prior to transfer of ownership of the Acquisition Facilities to EMWD upon a
determination of Substantial Completion of such Acquisition Facility. Property Owner
shall submit a payment request form to the Authority which must also contain therewith
approval of EMWD, which approval shall not be unreasonably withheld,
(v) Notwithstanding the preceding provisions of this section, the sole source of
funds for the acquisition by EMWD of the Acquisition Facilities or any portion thereof
shall be the Bond Proceeds made available by the CFD pursuant to the Acquisition
Agreement between the Authority and the Property Owner. If for any reason beyond
EMWD's control, the proceedings for the formation of the CFD are not completed or the
Bonds are not sold, EMWD shall not be required to acquire any Acquisition Facilities
from the Property Owner. In such event, the Property Owner shall complete the design
and constroction and offer to the EMWD ownership of such portions of Acquisition
Facilities as are required to be constructed by the Property Owner as a condition to
-9-
recordation of subdivision maps for the Property or any other agreement between
Property Owner and EMWD, but need not construct any portion of the Acquisition
Facilities which it is not so required to construct.
(vi) Any EMWD monetary reimbursements for construction of Acquisition
Facilities funded by the CFD will be paid to the CFD to pay down CFD bond debt or
otherwise be used by the CFD as permitted under the Act and the Bond Resolution. All
other reimbursements due Property Owner for the construction of facilities other than
those financed by the CFD shall be addressed in a separate agreement between Property
Owner and EMWD.
(f) Easements. The Property Owner shall, at the time EMWD acquires the Acquisition
Facilities as provided in Section 7(e) hereof, grant to EMWD, by appropriate instruments
prescribed by EMWD, all easements on private property which may be reasonably necessary for
the proper operation and maintenance of such Acquisition Facilities, or any part thereof.
(g) Maintenance. Prior to the transfer of ownership of an Acquisition Facility by the
Property Owner to EMWD, as provided in Section 7(e) hereof, the Property Owner shall be
responsible for the maintenance thereof and shall maintain and transfer such Acquisition
Facility to EMWD in as good condition as the Acquisition Facility was in at the time the
Property Owner notified the EMWD that construction of same had been completed in
accordance with the Plans and Specifications.
(h) Responsibility for Acquisition Facilities. The Parties acknowledge and agree that all
responsibility and obligation for the design, construction and dedication of such Acquisition
Facilities to EMWD, in accordance with all applicable statutes and the EMWD Rules and
Regulations, shall be and remain the responsibility of the Property Owner, The Parties also
acknowledge and agree that the construction and acquisition of the Acquisition Facilities to be
constructed by Property Owner is a matter between Property Owner and EMWD only, and that
the Authority and the CFD shall have no responsibility or liability for on-site inspection or
monitoring or for certifying that the provisions of this Section 7 be satisfied,
8. Indemnification.
(a) Indemnification by Authority. Authority shall assume the defense of, indemnify and
save harmless, EMWD, its officers, employees and agents, and each and every one of them,
from and against all actions, damages, claims, losses or expenses of every type and description
to which they may be subjected or put, by reason of, or resulting from, any act or omission of
Authority with respect to this Agreement and the issuance of the Bonds; provided, however,
that Authority shall not be required to indemnify any person or entity as to damages resulting
from negligence or willful misconduct of such person or entity or their officers, agents or
employees.
(b) Indemnification by Property Owner. Property Owner shall assume the defense of,
indemnify and save harmless Authority, CFD and EMWD, their respective officers, employees
and agents. and each and every one of them, from and against all actions, damages, claims,
losses or expenses of every type and description to which they may be subjected or put, by
reason of, or resulting from, any act or omission of Property Owner with respect to this
-10-
Agreement. and the design, engineering and construction of the Acquisition Facilities
constructed by Property Owner; provided, however, that Property Owner shall not be required
to indemnify any person or entity as to damages resulting from negligence or willful
misconduct of such person or entity or their officers, agents or employees.
(c) Inderrmification by EMWD. EMWD shall assume the defense of, inderrmify and save
harmless, Authority, CFD and Property Owner, their respective officers, employees and agents,
and each and every one of them, from and against all actions, damages, claims, losses or
expenses of every type and description to which they may be subjected or put, by reason of, or
resulting from, any act or omission of EMWD with respect to this Agreement, and the design,
engineering and construction of the Acquisition Facilities constructed by EMWD; provided,
however, that EMWD shall not be required to indemnify any person or entity as to damages
resulting from negligence or willful misconduct of such person or entity or their officers, agents
or employees.
9. Allocation of Special Taxes. The Board of Directors, as the legislative body of the
CFD, shall annually levy or cause to be levied the Special Tax as provided for in the formation
proceedings of the CFD. The entire amount of any Special Tax levied by the CFD shall be
allocated to the CFD.
10. Amendment and Assignment. This Agreement may be amended at any time but
only in writing signed by each party hereto. This Agreement may be assigned, in whole or in
part, by the Property Owner to the purchaser of any parcel of land within the Property
provided, however, such assignment shall not be effective unless and until EMWD and
Authority have been notified, in writing, of such assignment.
11. Entire Agreement. This Agreement contains the entire agreement between the
parties with respect to the matters prov~.ed for herein and supersedes all prior agreements and
negotiations between the parties with respect to the subject matter of this Agreement.
12. Notices. Any notice, payment or instrument required or permitted by this
Agreement to be given or delivered to either party shall be deemed to have been received when
personally delivered or seventy-two hours following deposit of the same in any United States
Post Office in California, registered or certified, postage prepaid, addressed as follows:
Authority I CFD:
Temecula Public Financing Authority
43200 Business Park Drive
Temecula, California 92590
Attention: Director of Public Works
with a copy to:
Temecula Public Financing Authority
43200 Business Park Drive
Temecula, California 92590
Attention: Treasurer
EMWD:
Eastern Municipal Water District
P.O. Box 8300
2270 Trumble Road
-11-
Perris. California 92572-8300
Attn: General Manager
Property Owner:
Ashby USA, LLC
470 E, Harrison Street
Corona, CA 92879-1314
Each party may change its address for delivery of notice by delivering written notice of
such change of address to the other party hereto.
13, Exhibits. All exhibits attached hereto are incorporated into this Agreement by
reference,
14, Attorneys' Fees. In the event of the bringing of any action or suit by any Party
against any other Party arising out of this Agreement, the Party in whose favor final judgment
shall be entered shall be entitled to recover from the losing Party all costs and expenses of suit,
including reasonable attorneys' fees.
15, 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.
16. Governing Law. This Agreement and any dispute arising hereunder shall be
governed by and interpreted in accordance with the laws of the State of California applicable to
contracts made and performed in such State,
17. Waiver. Failure by a party...torinsist upon the strict performance of a!!y. of the
provisions of this Agreement by the other party hereto, or the failure by a party to exercise its
rights upon the default of another party, shall not constitute a waiver of such party's right to
insist and demand strict compliance by such other party with the terms of this Agreement
thereafter.
18. No Third Party Beneficiaries. No person or entity other than the CFD, when and if
formed, shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement
(either express or implied) is intended to confer upon any person or entity, other than EMWD,
Authority, CFD, and Property Owner (and their respective successors and assigns, exclusive of
individual homebuyers), any rights, remedies, obligations or liabilities under or by reason of
this Agreement.
19. SinlPllar and Plural; Gender. As used herein, the singular of any word includes the
plural, and terms in the masculine gender shall include the feminine.
20. Counterparts, This Agreement may be executed in counterparts, each of which shall
be deemed an original, but all of which shall constitute but one instrument.
-12-
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year written above,
TEMECULA PUBLIC FINANCING
AUTHORITY
Executive Director
EASTERN MUNICIPAL WATER DISTRICT
By:
Anthony J. Pack, General Manager
ATTEST:
By:
Secretary of the Board of Directors
ASHBY USA, LLC
By: Ashby Development Company, Inc., a
California corporation, Managing
Member
By:
Justin K. Ashby, Vice President
By: USA Investment Partners, LLC, a
Nevada limited liability company,
Member
By:
Joseph D. Milanowski, President
-13-
EXHIBIT A
DESCRIPTION OF PROPERTY
Riverside County Assessor's Parcel Numbers: 957-340-001, 957-340-
003, 957-340-007, 957-340-008, 957-130-001, 957-130-002, 957-260-001
and 957-260-002
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EXHIBIT B
ACQUISITION FACILITIES DESCRIPTIONS
Acquisition Facilities, The Acquisition Facilities eligible to be financed by the CFD
under the Act are as follows:
The type of Acquisition Facilities eligible to be financed by the CFD under the Act are as
follows:
"Acquisition Facilities" means those facilities constructed by or on behalf of the
Property Owner which are needed by EMWD in order to provide services to the
Property. The Acquisition Facilities listed below are anticipated to be financed by the
CFD, Detailed scope and limits of specific projects will be determined as appropriate,
consistent with the standards of EMWD,
1. Sanitary sewer system improvements within:
.
Butterfield Stage Road, from Nicolas Road to Calle Chapos/South Loop
Road;
Nicolas Road, from Butterfield Stage Road to Joseph Road;
North Loop Road, from Butterfield Stage Road to the Gate House East of
Butterfield Stage Road (public section only);
South Loop Road, from Butterfield Stage Road to the Gate House East of
Butterfield Stage Road (public section only);
Roripaugh Valley Road (A Street), from Murrieta Hot Springs Road to
Butterfield Stage Road; and
Fiesta Ranch Road (B Street), from Roripaugh Valley Road to Nicolas
Road.
.
.
.
.
.
2, Water system improvements within:
.
Murrieta Hot Springs Road, from the West boundary of Tract 29661 to
Butterfield Stage Road;
Butterfield Stage Road, from Murrieta Hot Springs Road to Calle
Chapos/South Loop Road;
Nicolas Road, from Butterfield Stage Road to Fiesta Ranch Road (B
Street);
North Loop Road, from Butterfield Stage Road to the Gate House East of
Butterfield Stage Road (public section only);
South Loop Road, from Butterfield Stage Road to the Gate House East of
Fiesta Ranch Road (public section only);
.
.
.
.
. Roripaugh Valley Road (A Street), from Murrieta Hot Springs Road to
Butterfield Stage Road; and
. Fiesta Ranch Road (B Street), from Roripaugh Valley Road to Nicolas
Road.
:.:t""'"
;...""-
NOTICE OF SPECIAL TAX LIEN
RECORDING REQUESTED BY
AND RETURN TO:
CITY CLERK
CITY OF TEMECULA
P.O. Box 9033
Temecula, CA 92589-9033
EXEMPT FROM RECORDER'S FEES
Pursuant to Government Code
Sections 6103 and 27383
NOTICE OF SPECIAL TAX LIEN
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 03-02
(RORIPAUGH RANCH)
NOTICE OF SPECIAL TAX LIEN
Temecula Public Financing Authority
Community Facilities District No. 03-02
(Roripaugh Ranch)
Pursuant to the requirements of Section 3114.5 of the California Streets and Highways
Code and Section 53311 et seq. of the California Government Code, the undersigned Secretary
of the Temecula Public Financing Authority (the" Authority"), County of Riverside, State of
California, hereby gives notice that a lien to secure payment of a special tax which the Board of
Directors of the Authority authorized, is hereby imposed. The special tax secured by this lien is
authorized to be levied for the purpose of paying principal and interest on bonds, the proceeds
of which are being used to finance the costs of certain public improvements and of the
elimination of a fixed special assessment lien, all as described on Exhibit A attached hereto and
hereby made a part hereof.
The special tax is authorized to be levied within the Temecula Public Financing
Authority Community Facilities District No. 03-02 (Roripaugh Ranch) which has now been
officially formed and the lien of the special tax is a continuing lien which shall secure each
annual levy of the special tax and which shall continue in force and effect until the special tax
obligation is permanently satisfied and cancelled in accordance with law or until the special tax
ceases to be levied and a notice of cessation of special tax is recorded in accordance with Section
53330.5 of the Government Code.
The rate, method of apportionment, and manner of collection of the authorized special
tax is as set forth in Exhibit B attached hereto and hereby made a part hereof. Conditions under
which the obligation to pay the special tax may be prepaid in part or in whole and permanently
satisfied in part or in whole are as provided in Exhibit B hereto.
Notice is further given that upon the recording of this notice in the office of the County
Recorder, the obligation to pay the special tax levy shall become a lien upon all nonexempt real
property within the Temecula Public Financing Authority Community Facilities District No. 03-
02 (Roripaugh Ranch) in accordance with Section 3115.5 of the California Streets and Highways
Code.
The name(s) of the owner(s) of the real property included within the area of this
community facilities district and the assessor's tax parcel(s) numbers of all parcels or any
portion thereof which are included within the area of this community facilities district, in each
case which are not exempt from the special tax and as they appear on the latest secured
assessment roll as of the date of recording of this or as otherwise known to the Authority, are as
set forth in Exhibit C attached hereto and hereby made a part hereof.
Reference is made to the boundary map of the community facilities district recorded on
August 31, 2004 at Book 58 of Maps of Assessment and Community Facilities Districts at Page
51 (instrument no. 2004-0691181), in the office of the County Recorder for the County of
Riverside, State of California, which map is now the final boundary map of the community
facilities district.
-2-
For further information concerning the current and estimated future tax liability of
owners or purchasers of real property subject to this special tax lien, interested persons should
contact the Treasurer of the Temecula Public Financing Authority, Temecula Public Financing
Authority, 43200 Business Park Drive, Temecula, CA 92590, telephone number (909) 694-6430.
Dated:
.2005
By:
Susan W, Jones, Secretary
Temecula Public Financing Authority
-3-
EXHIBIT A
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 03-02
(RORIPAUGH RANCH)
DESCRIPTION OF FACILITIES ELIGIBLE TO BE FUNDED BY THE DISTRICT
AND PRIOR LIEN TO BE ELIMINATED BY THE DISTRICT
FACILITIES
The District may finance all or part of the costs of the following:
1. Murrieta Hot Springs Road
Murrieta Hot Springs Road (MHSR) from the Westerly Boundary Line of Tract 29661
(existing end of pavement) to Butterfield Stage Road:
Improvements include grading for full right-of-way with 2:1 slopes, paving, curb and
gutter, median curb, sidewalk, street lights, signing and striping, traffic signal(s)
landscaping, irrigation, storm drain, concrete slope protection, sewer and water
pipelines, and other appurtenant improvements necessary to complete MHSR.
2. Butterfield Stage Road
Butterfield Stage Road (BSR) from the Northerly tract boundary to Rancho California
Road:
Improvements include grading full right-of-way with 2:1 slopes, paving, curb and
gutter, median curb, sidewalk, street lights, traffic signal(s), signing and striping,
landscaping, irrigation, storm drain, concrete slope protection, bridges over Santa
Gertrudis Creek, and Long Valley Channel, sewer and water pipelines, and other
appurtenant improvements necessary to complete Butterfield Stage Road,
3. Nicolas Road
3a Nicolas Road BSR to the Easterly Metropolitan Water District (MWD) RJW:
Improvements include grading right-of-way with 2:1 slopes, paving, asphalt berms,
curb and gutter, sidewalk, asphalt path, split rail fence, street lights, landscaping,
irrigation, storm drain, undergrOlmd sewer and water pipelines, and other appurtenant
improvements necessary to complete Nicolas Road.
3b Nicolas Road from the Easterly MWD RJW to Liefer Road including construction of
Calle Garisol realignment to Nicolas Road:
Improvements include grading partial right-of-way (40' travel way) with 2:1 slopes,
paving, asphalt berms, curb and gutter, sidewalk, asphalt path, utility relocations, traffic
detour, split rail fence, street lights, signing and striping, landscaping, irrigation, sewer,
A-I
storm drain, bridge over Santa Gertrudis Creek (including channel lining and transition
structure to bridge), access road, exit structure and other appurtenant improvements
necessary to complete Nicolas Road.
3c Nicolas Road Sewer Pipeline from Liefer Road to Joseph Road:
Improvements include installing a 15" main line sewer including street re-pavement,
traffic detour and other appurtenant improvements necessary to complete Nicolas Road
Sewer pipeline.
3d Nicolas Road and North General Kearny Road intersection signalization:
Improvements include signalization of intersection, striping, traffic control and other
appurtenant improvements necessary to complete the signalization.
3e Nicolas Road and Winchester Road intersection widening and signal modification:
Improvements include modifications to existing traffic signal, storm drain, paving, curb
and gutter, median curb, bus turn-out, striping, traffic control and other appurtenant
improvements necessary to complete the intersection and signal modifications.
4. Calle Chapos
Calle Chapos from BSR to Walcott Lane:
Improvements include grading half right-of-way width plus twelve feet with 2:1 slopes,
paving, AC dike, storm drain and other appurtenant improvements necessary to
complete Calle Chapos.
5. Long Valley Channel
Long Valley Channel from the Westerly RIW of BSR to the Easterly Project Boundary:
Improvements include grading of channel, flow-by detention basin, construction of
drop structures, trapezoidal channel lining, transition structures to Butterfield Stage
Road Bridge, rip-rap, grading and paving of access roads, fencing, and other
appurtenant improvements necessary to complete Long Valley Channel.
6. Santa Gertrudis Creek
Santa Gertrudis Creek from the Habitat Area to the exit channel at MWD R1W:
Improvements include a flow-by detention basin, headwalls, trapezoidal channel lining
and transition structures; grading, fencing and paving for access roads; desilting and
detention basins, rip-rap protection, rip-rap dissipaters, benns, grading of exit structure
and other appurtenant improvements necessary to complete Santa Gertrudis Creek.
A-2
7. Environmental Mitigation
Mitigation for the Long Valley Channel and Santa Gertrudis Creek improvements:
Creation of 8.2 acres of habitat within open space to include grading, access road,
electrical service, irrigation, plant and seed installation and other appurtenant
improvements necessary to complete resource agency conditioned environmental
mitigation for the Long Valley Channel and Santa Gertrudis Creek improvements.
8. Sports Park
Sports Park at the SE corner of the intersection of North Loop Road and Butterfield
Stage Road:
Construct 20o!:-acre Sports Park including grading, parking, building, lighting
landscaping, irrigation, playing fields, basketball courts, children's play area, equipment
with a useful life of five (5) years or more and other appurtenant improvements
necessary to complete the Sports Park.
9. Fire Station Site Grading
Roripaugh Ranch Fire Station site grading
Improvements include site grading and other appurtenant improvements necessary to
provide a rough graded fire station site.
10. North Loop Road
North Loop Road from BSR to Gate House East of BSR (Public Section only):
Improvements include grading full right-oi-way with 2:1 slopes, paving, curb and
gutter, median curb, sidewalk, street lights, signing and striping, landscaping,
irrigation, storm drain, sewer and water pipelines, North Loop Road Bridge and other
appurtenant improvements necessary to complete the public segment of the North Loop
Road East oi BSR.
11. South Loop Road
South Loop Road from BSR to Gate House East of BSR (Public Section only):
Improvements include grading full right-ai-way with 2:1 slopes, paving, curb and
gutter, median curb, sidewalk, street lights, signing and striping, landscaping,
irrigation, storm drain, sewer and water pipelines, and other appurtenant
improvements necessary to complete the public segment of the South Loop Road East of
BSR.
A-3
12. Roripaugh Valley Road (A Street)
Roripaugh Valley Road Grading and Street Improvements from Murrieta Hot
Springs Road to Butterfield Stage Road:
Improvements include grading full right-of-way with 2:1 slopes, paving, curb and
gutter, median curb, sidewalk, street lights, signing and striping, landscaping,
irrigation, storm drain, sewer and water pipelines, and other appurtenant
improvements necessary to complete Roripaugh Valley Road between Murrieta Hot
Springs Road and Butterfield Stage Road.
13. Fiesta Ranch Road ( B Street)
Fiesta Ranch Road Grading and Street Improvements from Roripaugh Valley Road to
Nicolas Road:
Improvements include grading full right-of-way with 2:1 slopes, paving, curb and
gutter, median curb, sidewalk, street lights, signing and striping, landscaping,
irrigation, storm drain, sewer and water pipelines, and other appurtenant
improvements necessary to complete Fiesta Ranch Road between Roripaugh Valley
Road and Nicolas Road.
14. Fire Station and Fire Apparatus
Fire Station Construction and Fire Truck Purchase:
Improvements include the acquisition of land for and construction of a fire station to be
located at the Southeast comer of Butterfield Stage Road and the South Loop Road, and
to consist of a building of approximately 9,100 square feet. Also, the equipping of the
fire station, including furniture and fixtures, and the acquisition of a fire truck and other
fire fighting apparatus.
15. Neighborhood Park
Neighborhood Park at the SW corner of the intersection of Murrieta Hot Springs
Road and Roripaugh Valley Road (A Street):
Construct 5.1-acre Neighborhood Park including grading, parking, restroom building,
lighting, landscaping, irrigation, open grass area, basketball court, children's play area,
equipment with a useful life of five (5) years or more and other appurtenant
improvements necessary to complete the Neighborhood Park.
16. SR-79 Improvements
Improvements include right-of-way acquisition, grading to accommodate road
widening, paving, curb and gutter, median curb, sidewalk, street lights, traffic signal(s),
signing and striping, landscaping, irrigation. storm drain, and other appurtenant
improvements necessary to complete improvements to SR-79 within the City of
Temecula City limits.
A-4
PRIOR LIEN
The District may fund amounts necessary to eliminate all or a portion of the lien
imposed by the County of Riverside Assessment District No. 161 on the real property within
the District.
OTHER
The District may also finance any of the following:
1. Bond related expenses, including underwriter's discount, reserve fund, capitalized
interest. bond and disclosure counsel and all other incidental expenses.
2. Administrative fees of the Authority, the City of Temecula and the bond trustee or
fiscal agent related to the District and any bonded indebtedness of the District.
3. Reimbursement of costs related to the formation of the District advanced by the
Authority, the City or any related entity, or any landowner or developer within the District, as
well as reimbursement of any costs advanced by the Authority or any related entity, or any
landowner or developer within the District, for facilities, fees or other purposes or costs of the
Dis trict
A-5
EXHIBIT B
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 03-02
(RORIPAUGH RANCH)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
TEMECULA PUBLIC FINANCING AUTHORITY
A Special Tax shall be levied and collected on all Taxable Property located within the
boundaries of CFD No, 03-02 Temecula Public Financing Authority Conununity Facilities
District No. 03-02 (Roripaugh Ranch) ("CFD No. 03-02"), The amount of Special Tax to be
levied in each Fiscal Year on a Parcel in CFD No. 03-02, conunencing with Fiscal Year 2005-
2006, shall be determined by the CFD Administrator through the application of the procedures
described below. All of the real property in CFD No. 03-02, unless exempted by law or the
provisions herein, shall be taxed for the purposes, to the extent and in the manner herein
provided.
A. DEFINITIONS
In addition to the capitalized terms set forth in the preceding paragraph, capitalized
terms used in this Section A shall have the following meanings:
"Acre" means 43,560 square feet of land. The Acres for a Parcel means the land area of
the Parcel as shown on or determined from the applicable Assessor's Parcel Map.
Notwithstanding the foregoing, the Acres attributable to each Parcel of Residential
Property that is (i) located in 'a Final Map and (ii) an individual single-family home lot
or Condominium shall be computed by the CFD Administrator by dividing the sum of
the land area for all such Parcels of Residential Property in the Final Map by the number
of such Parcels. The Acres for any leasehold or possessory interest shall be the Acres for
the Parcel which corresponds to such leasehold or possessory interest.
"Acreage Special Tax" means the special tax set forth in Section C.2 below.
"Act" means the Mello-Roos Conununity Facilities Act of 1982, as amended, being
Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of
California.
"Administrative Expenses" means the actual or reasonably estimated costs directly
related to the administration of CFD No. 03-02, including but not limited to the
following: (i) the costs of computing the Special Taxes and of preparing the annual
Special Tax collection schedules (whether by the CFD Administrator or designee
thereof, or both); (ii) the costs of collecting the Special Taxes (whether by the Authority,
County, City, or otherwise); (iii) the costs of remitting the Special Taxes to the fiscal
agent or trustee for any Bonds; (iv) the costs of conunencing and pursuing to completion
any foreclosure action arising from delinquent Special Taxes; (v) the costs of the fiscal
agent or trustee (including its legal counsel) in the discharge of the duties required of it
under any Indenture; (vi) the costs of the Authority, City, or designee of complying with
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arbitrage rebate and disclosure requirements of applicable federal and State of
California securities laws, the Act, and the California Government Code, including
property owner or Bond owner inquiries regarding the Special Taxes; (vii) the costs
associated with the release of funds from any escrow account; (viii) the costs of the
Authority, City, or designee related to any appeal of a Special Tax; and (ix) an allocable
share of the salaries of the City staff and City overhead expense directly relating to the
foregoing. Administrative Expenses shall also include amounts advanced by the City or
the Authority for any administrative purposes of CFD No. 03-02.
"Assessor" means the County Assessor of the County of Riverside.
"Assessor's Parcel Map" means an official map of the Assessor designating parcels of
land or Condominium units by number.
"Authority" means the Temecula Public Financing Authority.
"Board of Directors" means Board of Directors of the Authority, acting as the legislative
body of CFD No. 03-02.
"Bonds" means any bonds or other indebtedness (as defined in the Act), whether in one
or more series, the repayment of which is secured by the levy of Special Taxes on Parcels
within CFD No, 03-02.
"CFD Administrator" means the Finance Director of the City, or designee thereof,
responsible for determining the Special Tax Requirement and providing for the levy and
collection of Special Taxes.
"City" means the City of Temecula, California.
"Condominium" means a residential dwelling unit meeting the statutory definition of a
condominium contained in the California Civil Code, Section 1351, and for which a
condominium plan has been recorded pursuant to California Civil Code, Section 1352.
"County" means the County of Riverside, California.
"Developed Property" means all Parcels of Taxable Property, for which a Final Map was
recorded as of the January 1 and a building permit for new construction was issued as of
the April 1 preceding the Fiscal Year in which the Special Tax is being levied, exclusive
of Property Owner's Association Property and Public Property.
"Dwelling Unit Special Tax" means the special tax set forth in Section C.l below.
"Exempt Property" means any Parcel located within the boundaries of CFD No. 03-02
which is exempt from the Special Tax pursuant to law or Section E below.
"Final Map" means a subdivision of property by recordation of a (i) final map or parcel
map approved by the City pursuant to the Subdivision Map Act (California
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Government Code Section 66410 et seq.), (ii) lot line adjustment approved by the City, or
(iii) condominium plan pursuant to California Civil Code 1352.
"Fiscal Year" means the period starting on each July 1 and ending on the following June
30.
"Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or
other instrument pursuant to which Bonds are issued, as modified, amended and! or
supplemented from time to time, and any instrument replacing or supplementing the
same.
"Land Use" means the land use set forth in the Land Use Plan.
"Land Use Plan" means the approved land use plan for the Specific Plan.
"Lot" means (i) any lot within a Final Map that is located at least partially within the
boundaries of CFD No. 03-02 or (ii) any land within the boundaries of CFD No. 03-02
that is conveyed, dedicated, or otherwise acquired by or irrevocably offered to the
federal government, the State of California, the County, the City, or any local
government or other governmental agency.
"Maximum Special Tax" means the maximum special tax, determined in accordance
with Section C, that can be levied in any Fiscal Year on any Parcel.
"Non-Residential Property" means all Parcels of Taxable Property which are not
classified as Residential Property, Property Owner's Association Property, or Public
Property .
"Parcel" means a parcel (i) which is located at least partially within the boundaries of
CFD No. 03-02 and (ii) to which an Assessor's parcel number is assigned as shown on
an Assessor's Parcel Map.
"Planning Area" means those planning areas designated by number on the Land Use
Plan.
"Property Owner's Association Property" means (i) any Parcel for which the owner of
record, as determined from the County Assessor's secured tax roll for the Fiscal Year in
which the Special Tax is being levied, is a property owner's association, including any
master or sub-association, (ii) any Lot located in a Final Map that was recorded as of the
January 1 preceding the Fiscal Year in which the Special Tax is being levied and which,
as determined from such Final Map, is or will be open space, a private park or
recreation facility, or a private street owned by a property owner's association, (iii) any
Lot within a Final Map that is located within the boundaries of CFD No, 03-02 and was
recorded as of the January 1 preceding the Fiscal Year in which the Special Tax is being
levied and any Parcel for which the Land Use is private mini park or private recreation
center, or (iv) any Lot or Parcel which, as of the April 1 preceding the Fiscal Year for
which the Special Tax is being levied, has been conveyed, irrevocably dedicated, or
irrevocably offered to a property owner's association, including any master or sub-
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association, provided such conveyance, dedication, or offer is submitted to the CFD
Administrator prior to the May 1 preceding the Fiscal Year for which the Special Tax is
being levied.
"Proportionately" means that with respect to a given classification of property the ratio
of the Special Tax to the Dwelling Unit Special Tax or Acreage Special Tax, as
applicable, is the same for all Parcels assigned to such classification. For example,
levying the Special Tax Proportionately on Parcels of Developed Residential Property
means that for all such Parcels the ratio of the Special Tax to the Dwelling Unit Special
Tax is the same.
"Public Property" means (i) any Parcel for which the owner of record, as determined
from the County Assessor's secured tax roll for the Fiscal Year in which the Special Tax
is being levied, is the federal government, the State of California, the County, the City,
or any local government or other governmental agency, (ii) any property within a Final
Map that is located within the boundaries of CFD No. 03-02 and was recorded as of the
January 1 preceding the Fiscal Year in which the Special Tax is being levied and which,
as determined from such Final Map, is or will be a public street, (iii) any Lot within a
Final Map that is located within the boundaries of CFD No. 03-02 and was recorded as
of the January 1 preceding the Fiscal Year in which the Special Tax is being levied and
any Parcel for which the Land Use is neighborhood park, sports park, educational,
public institutional, habitat, flood control, or landscape slope, unless such Lot or Parcel
has an underlying residential land use and the applicable public entity has provided
notice to the City that it will not acquire or otherwise take ownership of the Parcel, or
(iv) any Lot or Parcel which, as of the Aprill preceding the Fiscal Year for which the
Special Tax is being levied, has been conveyed, irrevocably dedicated to, or irrevocably
offered to the federal government, the State of California, the County, the City, or any
local government or other governmental agency, provided such conveyance, dedication,
or offer is submitted to the CFD Administrator prior to the May 1 preceding the Fiscal
Year for which the Special Tax is being levied.
"Residential Floor Area" means all of the square footage within the perimeter of a
residential structure, not including any carport, walkway, garage, overhang, patio,
enclosed patio, or similar area as determined from the applicable building permit(s)
issued for such structure as of the Aprill preceding the Fiscal Year in which the Special
Tax is being levied. Such determination shall be final following the final inspection or
certification of occupancy for the dwelling unit(s),
"Residential Property" means all Parcels of Taxable Property, exclusive of Property
Owner's Association Property and Public Property, designated with a residential Land
Use.
"Special Tax" means the Special Tax levied in each Fiscal Year on each Parcel.
"Special Tax Requirement" means (a) that amount with respect to CFD No. 03-02
required in any Fiscal Year to pay (i) for annual debt service on all outstanding Bonds
due in the calendar year which commences in such Fiscal Year; (ii) periodic costs on the
Bonds, including, but not limited to, the costs of remarketing, credit enhancement, and
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liquidity facility fees (including such fees for instruments that serve as the basis of a
reserve fund in lieu of cash related to any such Bonds) and rebate payments; (iii) the
Administrative Expenses; (iv) any reasonably anticipated delinquent Special Taxes
based on the delinquency rate for Special Taxes levied in the previous Fiscal Year or
otherwise reasonably expected; (v) any amounts required to establish or replenish any
reserve funds established for the Bonds, and less (b) available funds as directed under
the Indenture.
"Specific Plan" means the Roripaugh Ranch Specific Plan (City of Temecula Resolution
02-112, Ordinance 02-13), as amended.
"Taxable Property" means all Parcels which are not exempt from the Special Tax
pursuant to law or Section E below.
"Taxable Property Owner's Association Property" means all Parcels of Property
Owner's Association Property which are not exempt from the Special Tax pursuant to
law or Section E below.
"Taxable Public Property" means all Parcels of Public Property which are not exempt
from the Special Tax pursuant to law or Section E below.
"Undeveloped Property" means all Parcels of Taxable Property which are not classified
as Developed Property, exclusive of Property Owner's Association Property and Public
Property.
B. ASSIGNMENT TO LAND USE CATEGORY
Each Fiscal Year, commencing with Fiscal Year 2005-2006, all Parcels shall be classified
as either Taxable Property or Exempt Property. Taxable Property shall be further
classified as Residential Property, Non-Residential Property, Taxable Property Owner's
Association Property, or Taxable Public Property, Residential Property and Non-
Residential Property shall be further classified as Developed Property and Undeveloped
Property (hereinafter referred to as "Developed Residential Property," "Developed
Non-Residential Property," "Undeveloped Residential Property," or "Undeveloped
Non-Residential Property").
For purposes of determining the applicable Dwelling Unit Special Tax, Developed
Residential Property shall be assigned to classifications one through fifteen in Table 1
below based on Residential Floor Area. If a Parcel consists of two or more Lots located
in a Final Map that was recorded as of the January 1 preceding the Fiscal Year for which
the Special Tax is being levied, each such Lot shall be treated as a Parcel and classified
independently of the other; however, the aggregate Special Tax for the Lots will be
levied on the Parcel.
C. MAXIMUM SPECIAL TAX RATE
The Maximum Special Tax for each Parcel of Developed Residential Property shall be
the greater of the applicable Dwelling Unit Special Tax or Acreage Special Tax. If there
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are two or more residential dwelling units located on a Parcel, the applicable Dwelling
Unit Special Tax for such Parcel shall be the sum of the Dwelling Unit Special Tax for
each such residential dwelling unit. The Maximum Special Tax for each Parcel of
Undeveloped Residential Property, Non-Residential Property, Taxable Property
Owner's Association Property, and Taxable Public Property shall be the applicable
Acreage Special Tax.
1. Dwelling Unit Special Tax
The Dwelling Unit Special Tax rates are shown in Table 1 below.
TABLE 1
DWELLING UNIT SPECIAL TAX RATES FOR
DEVELOPED RESIDENTIAL PROPERTY
DWELLING
RESIDENTIAL UNIT
SPECIAL TAX FLOOR SPECIAL
CLASSIFICATION AREA TAX
1 Residential >5,000 $4.230'
2 Residential >4,400 and <=5.000 $3,995'
3 Residential >4,200 and <=4,400 $3,520'
4 Residential >4,000 and <=4,200 $3,356'
5 Residential >3,800 and <=4,000 $3,192'
6 Residential >3,600 and <=3.800 $3,028'
7 Residential >3,400 and <=3,600 $2,865'
8 Residential >3,200 and <=3,400 $2,701 '
9 Residential >3,000 and <=3,200 $2,537'
10 Residential >2,800 and <=3,000 $2,374'
11 Residential >2,600 and <=2,800 $2,210'
12 Residential >2,400 and <=2.600 $2,046'
13 Residential >2,200 and <=2,400 $1,883'
14 Residential >2,000 and <=2,200 $1,719'
15 Residential <=2,000 $1,586'
'Per residential dwelling unit
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2, Acreage Special Tax
The Acreage Special Tax rates are shown in Table 2 below.
TABLE 2
ACREAGE SPECIAL TAX RATES
PROPERTY CLASSIFICA nON/LAND USE ACREAGE SPECIAL TAX
Developed and Undeveloped Residential Property
Low Density (L) or Low-Estate Density (L-E) $5,620 Per Acre
Low Medium Density (LM) $17,665 Per Acre
Medium Density Standard (Ml) $17,665 Per Acre
Medium Density Clustered (M2) $17.665 Per Acre
Developed and Undeveloped Non-Residential Property (NC) $8,247 Per Acre
Taxable Property Owner's Association Property $17.665 Per Acre
Taxable Public Property $17,665 Per Acre
Notwithstanding the above, if the Land Use Plan is amended or the zoning of the Planning
Areas is otherwise amended resulting in a Land Use which is not shown in Table 2 above, then
the Acreage Special Tax rate applicable to each Parcel to which the new Land Use applies shall
be $17,665, In addition, if at any time subsequent to the issuance of Bonds the Land Use Plan is
amended or the zoning or configuration of the Planning Areas is otherwise amended, the CFD
Administrator shall determine if the Acreage Special Taxes that may thereafter be levied are
less than the sum of estimated Administrative Expenses and one hundred ten percent (110%) of
the maximum annual debt service for outstanding Bonds. If the amended Land Use Plan,
zoning, and/ or Planning Area configuration has resulted in such a reduction, then the Acreage
Special Tax for each Parcel to which such amendments apply shall be computed using the
Acreage Special Tax rate(s) previously applicable to such Parcel. If the previous Land Use for
any portion of a Parcel to which the amended Land Use Plan, zoning, and/or Planning Area
configuration applies was not low density (L), low-estate density (L-E), low medium density
(LM), medium density standard (Ml), medium density clustered (M2), or neighborhood
commercial (NC) then the applicable Acreage Special Tax rate shall be $17,665.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2005-2006 and for each following Fiscal Year, the CFD
Administrator shall levy the Special Tax on all Taxable Property to fund the Special Tax
Requirement as follows:
First: The Special Tax shall be levied Proportionately on each Parcel of Developed
Property, up to 100% of 'the applicable Dwelling Unit Special Tax in the case of
Developed Residential Property and up to 100% of the applicable Acreage Special Tax in
the case of Developed Non:Residential Property;
Second: If additional Special Taxes are needed after the first step, the Special Tax shall
be levied Proportionately on each Parcel of Undeveloped Property, up to 100% of the
applicable Acreage Special Tax;
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Third: If additional Special Taxes an; needed after the second step, the Special Tax for
Parcels of Developed Property for which the Maximum Special Tax is derived from the
applicable Acreage Special Tax shall be increased equally, measured on a percentage
basis, from the amounts levied under the preceding Step 1 up to 100% of the applicable
Acreage Special Tax (i.e., the percentage increase shall be equal for all applicable
Parcels. until the Maximum Special Tax is reached); and
Fourth: If additional Special Taxes are needed after the third step, the Special Tax shall
be levied Proportionately on each Parcel of Taxable Property Owner's Association
Property and Taxable Public Property up to the applicable Maximum Special Tax.
Notwithstanding the above, under no circumstances will the Special Taxes levied
against any Parcel used as a private residence be increased as a consequence of
delinquency or default by the owner of any other Parcel or Parcels within CFD No. 03-
02 by more than ten percent (10%) per Fiscal Year. In addition, under no circumstances
will the Acreage Special Tax be levied against Parcels of Developed Residential Property
if the Special Taxes which may be levied pursuant to the first and second steps above
are equal to or greater than sum of estimated Administrative Expenses and one hundred
ten percent (110%) of the then maximum annual debt service for outstanding Bonds.
E. EXEMPTIONS
.
The Board of Directors shall not levy a Special Tax on up to 511.11 Acres of Property
Owner's Association Property and Public Property. If the total number of Acres of
Property Owner's Association Property and Public Property exceeds 511.11, the
chronological order in which such property is classified will determine which Parcels
are classified as Exempt Property and which are classified as Taxable Property. If a Lot
or Parcel is no longer classified as Property Owner's Association Property or Public
Property, its status as Exempt Property will be revoked.
The following property shall be classified as Property Owner's Association Property or
Public Property, as applicable, at the time CFD No. 03-02 is established and shall count
toward the limitation of 511.11 Acres of Property Owner's Association Property and
Public Property set forth in the preceding paragraph:
.
Property Owner's Association Property and Public Property: Lots A and B
(portion of Murrieta Hot Springs Road), Lot 2 (private mini park), Lot 5 (private
recreation center), and Lot 8 (open space) of Tract 29353-1; Lots Hand 5 (open
space), Lots A through G and M through 0 (streets), Lots I, J, and K (flood
control), Lot L (equestrian trail), Lots 2 and 9 (parks), Lots 10 and 11 (school
sites), and Lot 12 (fire station) of Tract 29353-2; and the property described in
and conveyed to the City pursuant to a grant deed dated May 21, 2003 and
recorded with the County as Document Number 2003-371374.
Subject to Section 53317.5 of the Act, if a Lot or Parcel classified as Developed
Residential Property is acquired by a public entity by any means, including by
negotiated transaction, gift, devise, or foreclosure, such Lot or Parcel will
notwithstanding anything else herein be subject to the Special Tax in accordance with
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the terms for Developed Residential Property. In addition, if a Parcel of Public Property
is leased to a non-governmental entity, then the leasehold or possessory interest, in
accordance with Section 53340.1 of the Act, shall be subject to the applicable Acreage
Special Tax.
F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary
ad valorem property taxes and shall be subject to the same penalties, the same
procedure, sale and lien priority in the case of delinquency; provided, however, that the
Special Tax may be billed directly and/ or may be collected at a different time or in a
different manner if necessary or convenient to meet the financial obligations of CFD No.
03-02, or as otherwise determined by the CFD Administrator, The foreclosure remedies
provided for in the Indenture shall apply upon the nonpayment of the Special Tax.
G. REVIEW AND APPEALS
Any taxpayer may file a written appeal of the Special Tax levied on his/her property
with the CFD Administrator, provided that the appellant is current in his/her payments
of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied
must be paid on or before the payment date established when the levy was made. The
appeal must specify the reasons why the appellant claims the Special Tax is in error. The
CFD Administrator shall review the appeal, meet with the appellant if the CFD
Administrator deems necessary, and advise the appellant of its determination. If the
CFD Administrator agrees with the appellant, the CFD Administrator shall grant a
credit to eliminate or reduce future Special Taxes on the appellant's property. No
refunds of previously paid Special Taxes shall be made.
H. PREPAYMENT OF SPECIAL TAX
1. Full Prepayment- Developed Residential Property, Non-Residential Property,
and Taxable Property Owner's Association Property
The Maximum Special Tax for any Parcel of Developed Residential Property,
Non-Residential Property, or Taxable Property Owner's Association Property
may be prepaid and permanently satisfied as described herein, provided that a
prepayment may be made only if at the time of the prepayment there are no
delinquent Special Taxes with respect to such Parcel and all other Parcels which
are under the same ownership and located within CFD No. 03-02. An owner of a
Parcel intending to prepay the Maximum Special Tax shall provide the CFD
Administrator with written notice of intent to prepay, and within 10 business
days of receipt of such written notice, the CFD Administrator shall notify such
owner of the non-refundable deposit determined to cover the cost to be incurred
by the CFD No. 03-02 in calculating the prepayment amount. Within 10 business
days of receipt of such non-refundable deposit, the CFD Administrator shall
notify such owner of the prepayment amount. Prepayment must be made not
less than 60 days prior to any redemption date, unless otherwise authorized by
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the CFD Administrator, for any Bonds to be redeemed with the prepayment
proceeds,
The "Full Prepayment Amonnt" means an amonnt equal to the sum of (1) Bond
Redemption Amonnt, (2) Redemption Premium, (3) Defeasance Amonnt, and (4)
Fees, less the Reserve Fnnd Credit, where the terms "Bond Redemption
Amount," "Redemption Premium," "Defeasance Amount," IIFees," and
"Reserve Fnnd Credit" have the following meanings:
"Bond Redemption Amonnt" means the principal amonnt of Bonds to be
redeemed and equals the greater of (a) the quotient derived by dividing
(i) the applicable Dwelling Unit Special Tax, in the case of Residential
Property, or Acreage Special Tax, in the case of Non-Residential Property
or Taxable Property Owner's Association Property by (ii) the sum of the
aggregate Dwelling Unit Special Taxes (for Residential Property) and
Acreage Special Taxes (for Non-Residential Property) for CFD No, 03-02
(and excluding from (ii) any Special Taxes which have been prepaid) or
(b) the quotient derived by dividing (iii) the applicable Acreage Special
Tax by (iv) the sum of the aggregate Acreage Special Taxes (for
Residential Property and Non-Residential Property) for CFD No. 03-02
(and excluding from (iv) any Special Taxes which have been prepaid) in
each case multiplied by the principal amonnt of outstanding Bonds
ronnded up to the nearest $5,000. The aggregate special taxes nnder (a)
and (b) above means the aggregate special taxes upon completion of the
development of CFD No. 03-02. Prior to the completion of the
development of CFD No, 03-02, the aggregate special taxes nnder (a) and
(b) above shall be as projected by the CFD Administrator.
"Redemption Premium" means the Bond Redemption Amonnt
multiplied by the applicable redemption premium, if any, for the Bonds
to be redeemed.
"Defeasance Amonnt" means the amonnt needed to pay interest on the
Bond Redemption Amonnt nntil the earliest redemption date for the
outstanding Bonds. Credit shall be given for any portion of the Special
Tax heretofore paid by the Parcel for which the Full Prepayment Amonnt
is being calculated and which will be, but has not yet been, utilized to
pay interest and principal on the Bonds.
"Fees" equal the fees and expenses of CFD No, 03-02 related to the Full
Prepayment Amonnt, including, but not limited to, the costs of
computing the Full Prepayment Amonnt, the costs of redeeming Bonds,
and the costs of recording any notices to evidence that the Maximum
Special Tax has been prepaid.
"Reserve Fnnd Credit" shall equal the lesser of (i) the reduction in the
applicable "Reserve Requirement," as such term is defined in the
Indenture, if any, following the redemption of Bonds from proceeds of
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the Prepayment Amount or (ii) the amount derived by subtracting the
new Reserve Requirement in effect after the redemption of Bonds from
proceeds of the Full Prepayment Amount from the balance in the
"Reserve Fund," as such term is defined in the Indenhtre, on the
prepayment date, but in no event shall such amount be less than zero.
The CFD Administrator shall remove any portion of the Special Tax which has
been enrolled but not paid. With respect to any Parcel that has prepaid the
Maximum Special Tax, the Board of Directors shall cause a suitable notice to be
recorded in compliance with the Act, to indicate the prepayment of the
Maximum Special Tax and the release of the Special Tax lien on such Parcel, and
the obligation of such Parcel to pay the Special Tax shall cease.
2. Partial Prepayment - Developed Property, Non-Residential Property, and
Taxable Property Owner's Association Property
The Maximum Special Tax for any Parcel of Developed Residential Property,
Non-Residential Property, or Taxable Property Owner's Association Property
may be prepaid in part as described herein, provided that (i) the Bond
Redemption Amount must be an integral multiple of $5,000 and (ii) at the time of
the prepayment there are no delinquent Special Taxes with respect to such Parcel
and all other Parcels which are under the same ownership and located within
CFD No. 03-02, The "Partial Prepayment Amount" shall be computed using the
methodology in Section H.l and substihtting the portion of the Maximum
Special Tax to be prepaid by the Parcel for its Dwelling Unit Special Tax and
Acreage Special Tax when determining the Bond Redemption Amount.
The owner intending to prepay a portion of the Maximum Special Tax shall
notify the CFD Administrator in writing of (i) such owner's intent to partially
prepay the Maximum Special Tax, (ii) the percentage by which the Maximum
Special Tax shall be prepaid, and (iii) the company or agency that will be acting
as the escrow agent, if applicable, and within 10 business days of receipt of such
written notice, the CFD Administrator shall notify such owner of the non-
refundable deposit determined to cover the cost to be incurred by CFD No. 03-02
in calculating the amount of the partial prepayment. Within 10 business days of
receipt of such non-refundable deposit, the CFD Administrator shall notify such
owner of the Partial Prepayment Amount. Prepayment must be made not less
than 60 days prior to any redemption date, unless authorized by the CFD
Administrator, for any Bonds to be redeemed with the prepayment proceeds.
With respect to any Parcel that has prepaid a portion of the Maximum Special
Tax, the CFD Administrator shall indicate in the records of CFD No. 03-02 that
there has been a partial prepayment of the Maximum Special Tax, the amount of
the Maximum Special Tax which has been prepaid, and the amount of the
Maximum Special Tax which continue to be levied on such Parcel.n
The Bond Redemption Amount, Redemption Premium, Defeasance Amount,
and Reserve Fund Credit shall be used to pay interest on and redeem Bonds in
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accordance with the Indenture. Notwithstanding the foregoing, no prepayment
shall be allowed unless the amount of Maximum Special Taxes that may be
levied in CFD No. 03-02 after the proposed prepayment is at least the sum of (i)
the estimated Administrative Expenses and (ii) one hundred ten percent (110%)
of the annual debt service on the Bonds, taking into account the amount of
Bonds to remain outstanding after such prepayment.
1. TERM
The Maximum Special Tax shall be levied for a period not to exceed 50 Fiscal Years,
commencing with Fiscal Year 2005-2006.
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EXHIBIT C
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 03-02
(RORIPAUGH RANCH)
ASSESSOR'S PARCEL NUMBERS AND OWNERS OF LAND WITHIN THE DISTRICT
County Assessor's
Parcel Numbers
Owner of Record of Parcels
C-l
RESOLUTION NO. TPFA 05-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY DETERMINING
THE NECESSITY TO INCUR BONDED INDEBTEDNESS
WITHIN TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH
RANCH) AND SUBMITTING PROPOSITION TO THE
QUALIFIED ELECTORS OF THE DISTRICT
WHEREAS, on August 24, 2004, this Board of Directors adopted a resolution entitled "A
Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its
Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes
Therein - Roripaugh Ranch 03-02" (the "Resolution of Intention") stating its intention to form the
Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh
Ranch) (the "District"), pursuant to the Mello-Roos Community Facilities Act of 1982, California
Government Code Section 53311 et seq. (the "Law"), to fund a portion of the costs of certain
public improvements (the "Facilities") and the cost to eliminate a fixed special assessment lien
(the "Prior Lien"), secured by a special tax lien on parcels in the District, as described therein;
and
WHEREAS, on August 24, 2004, this Board of Directors also adopted a resolution
entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority
Declaring Its Intention to Incur Bonded Indebtedness of the Proposed Temecula Public
Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch)" (the
"Resolution of Intention to Incur Indebtedness") stating its intention to incur bonded
indebtedness within the boundaries of the District for the purpose of financing the costs of the
Facilities and the elimination of the Prior Lien; and
WHEREAS, the Resolution of Intention and the Resolution of Intention to Incur
Indebtedness called for public hearings on the District to be held on September 28, 2004; and
WHEREAS, on September 28, 2004, this Board of Directors adopted a Resolution
amending the Resolution of Intention and the Resolution of Intention to Incur Indebtedness (the
"Amending Resolution") to add additional facilities eligible to be funded by the District and to
change the date of the public hearings from September 28, 2004 to November 9, 2004; and
WHEREAS, on November 9, 2004, this Board of Directors opened the public hearing
and continued the public hearing to November 23, 2004, on November 23, 2004 this Board of
Directors opened the continued public hearing and again continued the public hearing to
December7,2004;and
WHEREAS, on December 7, 2004, this Board of Directors opened the continued public
hearing and adopted a resolution making findings of complexity of the District, and then
continued the public hearing to January 11, 2005; and
WHEREAS, on this date, this Board of Directors held the public hearing as required by
the Law and the Resolution of Intention relative to the determination to proceed with the
formation of the District, the provision by the District of funds to pay a portion of the costs of the
Facilities and the elimination of the Prior Lien, and the rate and method of apportionment of the
special tax to be levied within the District to pay the principal and interest on the proposed
indebtedness and the administrative costs of the Authority and the City of Temecula relative to
the District; and
WHEREAS, at the hearing all persons desiring to be heard on all matters pertaining to
the formation of the District, the provision of funds to pay a portion of the costs of the Facilities
and of the elimination of the Prior Lien, and the levy of the special tax on property within the
District, were heard and a full and fair hearing was held; and
WHEREAS, subsequent to the hearing, this Board of Directors adopted a resolution
entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority of
Formation Of Temecula Public Financing Authority Community Facilities District No. 03-02
(Roripaugh Ranch), Authorizing The Levy Of A Special Tax Within The District, Preliminarily
Establishing An Appropriations Limit For The District And Submitting Levy Of The Special Tax
and the Establishment of the Appropriations Limit To The Qualified Electors Of The District"
(the "Resolution of Formation"); and
WHEREAS, on this date, this Board of Directors held the continued public hearing as
required by the Law relative to the matters material to the questions set forth in the Resolution
of Intention to Incur Indebtedness; and
WHEREAS, no written protests with respect to the matters material to the questions set
forth in the Resolution of Intention to Incur Indebtedness have been filed with the Secretary.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula
Public Financing Authority as follows:
Section 1. The foregoing recitals are true and correct.
Section 2. This Board of Directors deems it necessary to incur bonded indebtedness in
the maximum aggregate principal amount of $55,000,000 within the boundaries of the District.
Section 3. The indebtedness is incurred for the purpose of financing the costs of the
Facilities and the costs of eliminating the Prior Lien, as provided in the Resolution of Formation
including, but not limited to, the costs of issuing and selling bonds to finance costs of the
Facilities, the costs of eliminating the Prior Lien and the initial costs of the Authority and the City
of Temecula in administering the District.
Section 4. The whole of the District shall pay for the bonded indebtedness through the
levy of the special tax. The special tax is to be apportioned in accordance with the Rate and
Method set forth in Exhibit B to the Resolution of Intention.
Section 5. The maximum amount of bonded indebtedness to be incurred is
$55,000,000 and the maximum term of the bonds to be issued shall in no event exceed forty
(40) years.
Section 6. The bonds shall bear interest at a rate or rates not to exceed the maximum
interest rate permitted by applicable law at the time of sale of the bonds, payable weekly,
semiannually or in such other manner as this Board of Directors or its designee shall determine,
the actual rate or rates and times of payment of such interest to be determined by this Board of
Directors or its designee at the time or times of sale of the bonds.
-2-
Section 7. The proposition of incurring the bonded indebtedness herein authorized
shall be submitted to the qualified electors of the District and shall be consolidated with
elections on the proposition of levying special taxes within the District and the establishment of
an appropriations limit for the District pursuant to Section 53353.5(a) of the Law. The time,
place and conditions of said election shall be as specified by separate resolution of this Board
of Directors.
Section 8. This Resolution shall take effect upon its adoption.
PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula
Public Financing Authority at a meeting held on the 11 th day of January, 2005.
Jeff Comerchero, Chairperson
ATTEST:
Susan W. Jones, CMC
City Clerk/Authority Secretary
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
. Q.LlY OF TEMEf~UJ:,6I,,,,,.. )
I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO
CERTIFY that the foregoing Resolution No. TPFA 05-_ was duly adopted at a special
meeting of the Board of Directors of the Temecula Public Financing Authority on the 11 th day of
January, 2005, by the following vote:
AYES:
BOARDMEMBERS:
BOARDMEMBERS:
BOARDMEMBERS:
NOES:
ABSENT:
Susan W. Jones, CMC
City Clerk/Authority Secretary
-3-
RESOLUTION NO. TPFA 05-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY CALLING
SPECIAL ELECTION WITHIN COMMUNITY FACILITIES
DISTRICT NO. 03-02 (RORIPAUGH RANCH)
WHEREAS, on this date, this Board of Directors adopted a resolution entitled "A
Resolution of the Board of Directors of the Temecula Public Financing Authority of Formation of
Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh
Ranch), Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an
Appropriations Limit for the District and Submitting Levy of the Special Tax and the
Establishment of the Appropriations Limit to the Qualified Electors of the Districf' (the
"Resolution of Formation"), ordering the formation of the Temecula Public Financing Authority
Community Facilities District No. 03-02 (Roripaugh Ranch) (the "Districf'), authorizing the levy
of a special tax on property within the District and preliminarily establishing an appropriations
limit for the District;
WHEREAS, on this date, this Board of Directors also adopted a resolution entitled "A
Resolution of the Board of Directors of the Temecula Public Financing Authority Determining
the Necessity to Incur Bonded Indebtedness Within Temecula Public Financing Authority
Community Facilities District No. 03-02 (Roripaugh Ranch) and Submitting Proposition to the
Qualified Electors of the District" (the "Resolution to Incur Indebtedness"), determining the
necessity to incur bonded indebtedness in the maximum aggregate principal amount of
$55,000,000 upon the security 01 the special tax to be levied within the District; and
WHEREAS, pursuant to the provisions 01 said resolutions, the propositions of the levy of
said special tax, the establishment of the appropriations limit and the incurring of the bonded
indebtedness is to be submitted to the qualified electors 01 the District as required by the Mello-
Roos Community Facilities Act of 1982, California Government Code Section 53311 et seq. (the
"Law").
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula
Public Financing Authority as follows:
Section 1. Pursuant to Sections 53325.7, 53326 and 53351 of the Law, the issues of
the levy of said special tax, the incurring of bonded indebtedness and the establishment of said
appropriations limit shall be submitted to the qualified electors of the District at an election
called therefor as provided below.
Section 2. As authorized by Section 53353.5 of the Law, the three propositions
described in paragraph 1 above shall be combined into a single ballot measure, the form of
which is attached hereto as Exhibit A and by this reference incorporated herein. The form of
ballot is hereby approved.
. Section 3. This Board of Directors hereby finds that fewer than 12 persons have been
registered to vote within the territory of the District for each of the ninety (90) days preceding
the close of the public hearings heretofore conducted and concluded by this Board of Directors
for the purposes of these proceedings. Accordingly, and pursuant to Section 53326(b) of the
Law, this Board of Directors finds that for purposes of these proceedings the qualified electors
are the landowners within the District and that the vote shall be by said landowners or their
authorized representatives, each having one vote for each acre or portion thereof such
landowner owns in the District as of the close of the public hearings.
Section 4. This Board of Directors hereby calls a special election to consider the
measure described in Section 2 above, which election shall be held immediately following
adoption of this Resolution in the meeting place of the Board of Directors of the Temecula
Public Financing Authority. The Secretary is hereby designated as the official to conduct said
election. It is hereby acknowledged that the Secretary has on file the Resolution of Formation,
a map of the proposed boundaries of the District, and a sufficient description to allow the
Secretary to determine the boundaries of the District.
The voted ballots shall be returned to the Secretary no later than immediately following
the adoption of this Resolution; and when all of the qualified voters have voted, the election
shall be closed.
Section 5. Pursuant to Section 53327 of the Law, the election shall be conducted by
mail or hand delivered ballot pursuant to the California Elections Code. This Board of Directors
hereby finds that paragraphs (a), (b), (c) (1) and (c)(3) of Section 4000 of the California
Elections Code are applicable to this special election.
Section 6. This Board of Directors acknowledges that the Secretary has caused to be
delivered to the qualified electors of the District ballots in the form set forth in Exhibit A hereto.
Each ballot indicated the number of votes to be voted by the respective landowner.
Each ballot was accompanied by all supplies and written instructions necessary for the
use and return of the ballot. An envelope to be used to return the respective ballot was
enclosed with the ballot, had the return postage prepaid, and contained the following: (a) the
name and address of the applicable landowner, (b) a declaration, under penalty of perjury,
stating that the voter is the owner of record or authorized representative of the landowner
entitled to vote and is the person whose name appears on the envelope, (c) the printed name,
signature and address of the voter, (d) the date of signing and place of execution of the
declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official
ballot and is to be opened only by the Secretary.
Analysis and arguments with respect to the ballot measures were waived by the
landowners in their petitions to form the District as well as in their voted ballots, as permitted by
Section 53327(b) of the Law.
Section 7. The Secretary shall accept the ballots of the qualified electors upon and
prior to the adoption of this Resolution, whether the ballots be personally delivered or received
by mail. The Secretary shall have available ballots which may be marked in the Board of
Directors meeting room on the election day by the qualified electors.
Section 8. This Board of Directors hereby further finds that the provision of the Law
requiring a minimum of 90 days following the adoption of the Resolution of Formation to elapse
before said special election is for the protection of the qualified electors of the District. The
petitions previously submitted by the landowners in the District each contain an
acknowledgment of a waiver of any time limit pertaining to the conduct of the election and of a
waiver of any requirement for analysis and arguments in connection with the election.
Accordingly, this Board of Directors finds and determines that the qualified electors have been
fully apprised of and have agreed to the shortened time for the election and waiver of analysis
-2-
and arguments, and have thereby been fully protected in these proceedings. This Board of
Directors also finds and determines that the Secretary has concurred in the shortened time for
the election.
Section 9. Pursuant to the Local Agency Special Tax and Bond Accountability Act,
Sections 50075.1 et. seq. and Sections 53410 et. seq. of the California Government Code, (a)
the ballot measure referred to in Sections 2 and 4 above contains a statement indicating the
specific purposes of the special tax, the proceeds of the special tax will be applied only to the
purposes specified in the ballot measure, there shall be created by the Treasurer an account
into which proceeds of the special tax levies will be deposited, and the Treasurer is hereby
directed to provide an annual report to this Board of Directors as required by Section 50075.3 of
the California Government Code; and (b) the ballot measure contains a statement indicating the
specific purposes of the bonds, the proceeds of the bonds will be applied only to the purposes
specified in the ballot measure, there shall be created by the Treasurer an account into which
the proceeds of the bonds will be deposited, and the Treasurer is hereby directed to provide an
annual report to this Board of Directors as required by Section 53411 of the California
Government Code.
Section 10. The Secretary is hereby directed to cause to be published in a newspaper
of general circulation circulating within the District a copy of this Resolution and a copy of the
Resolution to Incur" Indebtedness, as soon as practicable after the date of adoption of this
Resolution.
PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula
Public Financing Authority at a rneeting held on the 11 th day of January, 2005.
Jeff Comerchero, Chairperson
ATTEST:
Susan W. Jones, CMC
City Clerk/Authority Secretary
-3-
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 05-_ was duly adopted at a special
meeting of the Board of Directors of the Temecula Public Financing Authority on the 11th day of
January, 2005, by the following vote:
AYES:
NOES:
ABSENT:
BOARDMEMBERS:
BOARDMEMBERS:
BOARDMEMBERS:
Susan W. Jones, CMC
City Clerk/Authority Secretary
-4-
EXHIBIT A
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 03-02
(RORIPAUGH RANCH)
OFFICIAL BALLOT
Special Tax and Bond Election
(January 11, 2005)
This ballot is for a special, landowner election. You must return this ballot in the
enclosed postage paid envelope to the Secretary of the Temecula Public Financing Authority no
later than immediately after adoption of the resolution of the Board of Directors calling said
election, either by mail or in person.
To vote, mark a cross (X) on the voting line after the word "YES" or after the word "NO".
All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the
ballot void.
If you wrongly mark, tear, or deface this ballot, return it to the Secretary of the Temecula
Public Financing Authority and obtain another.
BALLOT MEASURE: Shall the Temecula Public Financing
Authority (the "Authority") incur an indebtedness and issue bonds in one
or more series in the maximum aggregate principal amount of
$55,000,000, with interest at a rate or rates not to exceed the maximum
interest rate permitted by law at the time of sale of such bonds on behalf
of the Temecula Public Financing Authority Community Facilities District Yes:
No. 03-0?JBoripaugh Ranch) (the "District"), the proceeds of which will
be used only to finance the costs of certain public improvements and of
eliminating a fixed special assessment lien as specified in the Resolution No:
of Formation of the District and the costs of issuing the bonds, initially
adrninistering the bonds and the District as well as the establishment of
appropriate bond reserves; shall a special tax payable solely from lands
within the District be levied annually upon lands within the District to be
applied only to the payment of the principal and interest upon such
bonds to be issued and to replenish the reserves for the bonds, and to
pay the costs of the Authority and the City of Temecula in administering
the District, and shall the annual appropriations limit of the District be
established in the amount of $55,000,0007
By execution in the space provided below, you also indicate your waiver of the time limit
pertaining to the conduct of the election and any requirement for analysis and arguments with
respect to the ballot measure, as such waivers are described and permitted by Section
53326(a) and 53327(b) of the California Government Code.
Number of Votes:
Property Owner:
A-1
RESOLUTION NO. TPFA 05-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY DECLARING
RESULTS OF SPECIAL ELECTION, AND DIRECTING
RECORDING OF NOTICE OF SPECIAL TAX LIEN -
RORIPAUGH RANCH 03-02
WHEREAS, in proceedings heretofore conducted by this Board of Directors pursuant to
the Mello-Roos Community Facilities Act of 1982, Section 53311 et seq. of the California
Government Code (the "Law"), this Board of Directors on this date adopted a resolution entitled
"A Resolution of the Board of Directors of the Temecula Public Financing Authority Calling
Special Election Within Community Facilities District No. 03-02 (Roripaugh Ranch)", calling for
a special election of the qualified electors within the Temecula Public Financing Authority
Cornmunity Facilities District No. 03-02 (Roripaugh Ranch) (the "Districf'); and
WHEREAS, pursuant to the terms of said resolution, which are by this reference
incorporated herein, the special election was held on this date, and the Secretary has on file a
Canvass and Statement of Results of Election, a copy of which is attached hereto as Exhibit A;
and
WHEREAS, this Board of Directors has reviewed the canvass and hereby approves it.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula
Public Financing Authority as follows:
Section 1. The issues presented at the special election were the incurring of a bonded
indebtedness in the maximum aggregate principal amount of $55,000,000, the levy of a special
tax within the District to be levied in accordance with the rate and method of apportionment of
special taxes heretofore approved by this Board of Directors by its resolution adopted this date
entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority of
Formation of Temecula Public Financing Authority Community Facilities District No. 03-02
(Roripaugh Ranch), Authorizing Levy of a Special Tax Within the District, Preliminarily
Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and
the Establishment of the Appropriations Limit to the Qualified Electors of the Districf', and the
approval of an appropriations limit of not to exceed $55,000,000 pursuant to said resolution.
Section 2. Pursuant to the canvass of the special election on file with the Secretary, the
issues presented at the special election were approved by the qualified electors of the District
by more than two-thirds of the votes cast at the special election.
Section 3. Pursuant to the voter approval, the District is hereby declared to be fully
formed with the authority to incur bonded indebtedness and to levy special taxes as heretofore
provided in these proceedings and in the Law.
Section 4. It is hereby found that all prior proceedings and actions taken by this Board
of Directors with respect to the District were valid and in conformity with the Law.
Section 5. The Secretary is hereby directed to execute and cause to be recorded in the
office of the County Recorder of the County of Riverside a notice of special tax lien in the form
required by the Law, said recording to occur no later than fifteen days following adoption by the
Board of Directors of this Resolution.
Section 6. This Resolution shall take effect upon its adoption.
PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula
Public Financing Authority at a meeting held on the 11 th day of January, 2005.
Jeff Comerchero, Chairperson
ATTEST:
Susan W. Jones, CMC
City Clerk/Authority Secretary
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 05-_ was duly adopted at a special
meeting of the Board of Directors of the Temecula Public Financing Authority on the 11th day of
January, 2005, by the following vote:
AYES:
NOES:
ABSENT:
BOARDMEMBERS:
BOARDMEMBERS:
BOARDMEMBERS:
Susan W. Jones, CMC
City Clerk/Authority Secretary
-2-
EXHIBIT A
CANVASS AND STATEMENT OF RESULT OF ELECTION
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 03-02
(RORIPAUGH RANCH)
I hereby certify that on January 11, 2005, I canvassed the returns of the special election
held on January 11, 2005, in the Temecula Public Financing Authority Community Facilities
District No. 03-02 (Roripaugh Ranch) and the total number of ballots cast in said District and
the total number of votes cast for and against the measure are as follows and the totals as
shown for and against the measure are full, true and correct:
Qualified
Landowner'
Votes
Votes
Cast
YES
NO
Temecula Public Financing Authority
Community Facilities District No. 03-
02 (Roripaugh Ranch) Special Tax
and Bond Election January 11 , 2005.
BALLOT MEASURE: Shall the Temecula Public Financing Authority (the "Authority")
incur an indebtedness and issue bonds in one or more series in the maximum aggregate
principal amount of $55,000,000, with interest at a rate or rates not to exceed the maximum
interest rate permitted by law at the time of sale of such bonds on behalf of the Temecula
Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) (the
"District"), the proceeds of which will be used only to finance the costs of certain public
improvements and of eliminating a fixed special assessment lien as specified in the Resolution
of Formation of the District and the costs of issuing the bonds, initially administering the bonds
and the District as well as the establishment of appropriate bond reserves; shall a special tax
payable solely from lands within the District be levied annually upon lands within the District to
be applied only to the payment of the principal and interest upon such bonds to be issued and
to replenish the reserves for the bonds, and to pay the costs of the Authority and the City of
Temecula in administering the District, and shall the annual appropriations limit of the District be
established in the amount of $55,000,000?
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 11th day of January,
2005.
By:
Susan W. Jones, Secretary
Temecula Public Financing Authority
A-1
ORDINANCE NO. TPFA 05-_
AN ORDINANCE OF THE TEMECULA PUBLIC FINANCING
AUTHORITY LEVYING SPECIAL TAXES WITHIN TEMECULA
PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES
DISTRICT NO. 03-02 (RORIPAUGH RANCH)
WHEREAS, on August 24, 2004, this Board of Directors of the Temecula Public
Financing Authority (the "Authority") adopted a resolution entitled "A Resolution of the Board of
Directors of the Temecula Public Financing Authority Declaring Its Intention to Establish a
Community Facilities District and to Authorize the Levy of Special Taxes Therein - Roripaugh
Ranch" (the "Resolution of Intention"), stating its intention to establish the Temecula Public
Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) pursuant to the
Mello-Roos Community Facilities Act of 1982, Section 53311 et seq. of the California
Government Code (the "Law"), to finance costs of certain public improvements (the "Facilities"),
and to finance the costs to eliminate a fixed special assessment lien (the "Prior Lien"); and
WHEREAS, the Resolution of Intention called for a public hearing on the District to be
held on September 28, 2004; and
WHEREAS, on September 28, 2004, this Board of Directors adopted a Resolution
amending the Resolution of Intention (the "Amending Resolution") to add additional facilities
eligible to be funded by the District and to change the date of the public hearing from
September 28, 2004 to November 9, 2004; and
WHEREAS, on November 9, 2004, this Board of Directors opened the public hearing
and continued the public hearing to November 23, 2004, on November 23, 2004 this Board of
Directors opened the continued public hearing and again continued the public hearing to
December7,2004;and
WHEREAS, on December 7, 2004, this Board of Directors opened the continued public
hearing and adopted a resolution making findings of complexity of the District, and then
continued the public hearing to January 11, 2005; and
WHEREAS, notice was published as required by the Law of the public hearing called
pursuant to the Resolution of Intention relative to the intention of this Board of Directors to form
the District and to provide for the costs of the Facilities, and the costs to eliminate the Prior
Lien; and
WHEREAS, on January 11, 2005 this Board of Directors held the continued public
hearing as required by Law relative to the determination to proceed with the formation of the
District and the Rate and Method; and
WHEREAS, at the public hearing all persons desiring to be heard on all matters
pertaining to the formation of the District and the levy of special taxes in the District were heard,
substantial evidence was presented and considered by this Board of Directors and a full and
fair hearing was held; and
WHEREAS, subsequent to said hearing, this Board of Directors adopted resolutions
entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority of
Formation of Temecula Public Financing Authority Community Facilities District No. 03-02
(Roripaugh Ranch), Authorizing the Levy of a Special Tax Within the District, Preliminarily
Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and
the Establishment of the Appropriations Limit to the Qualified Electors of the Districf' (the
"Resolution of Formation"), "A Resolution of the Board of Directors of the Temecula Public
Financing Authority Determining the Necessity to Incur Bonded Indebtedness Within Temecula
Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) and
Submitting Proposition to the Qualified Electors of the District" (the "Resolution of Necessity")
and "A Resolution of the Board of Directors of the Temecula Public Financing Authority Calling
Special Election Within Community Facilities District No. 03-02 (Roripaugh Ranch)", which
resolutions established the District, authorized the levy of a special tax with the District, and
called an election within the District on the proposition of incurring indebtedness, levying a
special tax and establishing an appropriations limit within the District, respectively; and
WHEREAS, on January 11, 2005 an election was held within the District in which the
then two eligible landowner electors approved said propositions.
NOW, THEREFORE, the Board of Directors of the Temecula Public Financing Authority
ordains as follows:
Section 1. By the passage of this Ordinance this Board of Directors hereby authorizes
and levies special taxes within the District, pursuant to the Law, at the rate and in accordance
with the rate and method of apportionment of special taxes for the District approved by the
Resolution of Formation (the "Rate and Method") which Resolution is by this reference
incorporated herein. The special taxes are hereby levied commencing in the current fiscal year
and in each fiscal year thereafter until payment in full of any bonds issued by the Authority for
the District (the "Bonds") as contemplated by the Resolution of Formation and the Resolution of
Necessity, and payment in full all costs of administering the District.
Section 2. The Authority Treasurer is hereby authorized and directed each fiscal year
to determine the specific special tax rate and amount to be levied for each parcel of real
property within the District, in the manner and as provided in the Resolution of Formation.
Section 3. Properties or entities of the State, federal or local governments shall be
exempt from any levy of the special taxes, to the extent set forth in the Rate and Method
attached as Exhibit B to the Resolution of Intention. In no event shall the special taxes be
levied on any parcel within the District in excess of the maximum tax specified in the Rate and
Method.
Section 4. All of the collections of the special tax shall be used as provided for in the
Law and in the Resolution of Formation including the payment of principal and interest on the
Bonds, the replenishment of the reseNes for the Bonds, the payment of the costs of the
Authority and the City of Temecula in administering the District, and the costs of collecting and
administering the special tax.
Section 5. The special taxes shall be collected from time to time as necessary to meet
the financial obligations of the District on the secured real property tax roll in the same manner
as ordinary ad valorem taxes are collected. The special taxes shall have the same lien priority,
and be subject to the same penalties and the same procedure and sale in cases of delinquency
as provided for ad valorem taxes. In addition, the provisions of Section 53356.1 of the
California Government Code shall apply to delinquent special tax payments. The Treasurer is
hereby authorized and directed to provide all necessary information to the auditor/tax collector
-2-
of the County of Riverside and to otherwise take all actions necessary in order to effect proper
billing and collection of the special tax, so that the special tax shall be levied and collected in
sufficient amounts and at the times necessary to satisfy the financial obligations of the District
in each fiscal year until the Bonds are paid in full and provision has been made for payment of
all of the administrative costs of the District.
Notwithstanding the foregoing, the Treasurer may collect one or more installments of
the special taxes on anyone or more parcels in the District by means of direct billing by the
Authority of the property owners within the District, if any of the Bonds bear interest at a
variable interest rate, or otherwise if, in the judgment of the Treasurer, such means of collection
will reduce the administrative burden on the Authority in administering the District or is
otherwise appropriate in the circumstances. In such event, the special taxes shall become
delinquent if not paid when due as set forth in any such respective billing to the applicable
property owners.
Section 6. If for any reason any portion of this Ordinance is found to be invalid, or if the
special tax is found inapplicable to any particular parcel within the District, by a Court of
competent jurisdiction, the balance of this Ordinance, and the application of the special tax to
the remaining parcels within the District shall not be affected.
INTRODUCED, and the first reading occurred on January 11, 2005; and
PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula
Public Financing Authority at a meeting held on the day , 2005.
Jeff Cornerchero, Chairperson
ATTEST:
Susan W. Jones, CMC
City Clerk/Authority Secretary
-3-
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 Ordinance No. TPFA 05-_ was duly adopted at a special
meeting of the Board of Directors of the Temecula Public Financing Authority on the
day of , 2005, by the following vote:
AYES:
NOES:
BOARDMEMBERS:
ABSENT:
BOARDMEMBERS:
BOARDMEMBERS:
Susan W. Jones, CMC
City Clerk/Authority Secretary
-4-
ITEM 16
APPROVAL I.l
CITY ATTORNEy'i{)(?{it:'::--.
DIRECTOR OF FINAN~
CITY MANAGER --4AJ-
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
'- J City Manager/City Council
;yJ'\I'william G. Hughes, Director of Public Works/City Engineer
DATE:
January 11, 2005
SUBJECT:
Amendments to TUMF Ordinance
PREPARED BY: Beryl Yasinosky, Managernent Analyst
RECOMMENDATION:
Ordinance entitled:
That the City Council introduce and read by title only an
ORDINANCE NO. 05-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 15.08, SECTION 4(A);
SECTION 6(B), AND SECTION 11 OF THE TEMECULA
MUNICIPAL CODE, AND ALLOWING FOR FUTURE FEE
ADJUSTMENTS TO BE ESTABLISHED BY RESOLUTION
(TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM)
BACKGROUND: On January 28, 2003, the City Council enacted Ordinance No. 03-01,
establishing the Transportation Uniform Mitigation Fee (TUMF), which is levied and collected
from new residential and non-residential development. The purpose of the TUMF is to finance
the construction of regional road improvements and transportation programs. Once collected,
TUMF is transmitted to the TUMF Program Administrator (the Western Riverside Council of
Governments, or WRCOG) for allocation and expenditure.
The TUMF for residential construction became effective on March 31, 2003. The TUMF for non-
residential development are being phased in over a three-year period beginning July 1, 2004.
The TUMF Ordinance also provides that the fee schedule be periodically reviewed and amounts
adjusted (up or down) to reflect changes in the actual and estimated costs of constructing the
regional transportation systern improvements and the irnplementation of regional transportation
projects. The purpose of these adjustments serves to maintain pace with inflation, and
maintains the "buying power" of the dollar during the span of the TUMF Program.
The national construction cost index (CCI) is used being as the foundation for adjusting TUMF
Program costs. In April 2004, the WRCOG Executive Committee approved a 1.5% correction
to the TUMF network but did not seek to increase the fees at that time, opting to include the
correction concurrently with the future annual index adjustment. In Septernber 2004, the
western cities Public Works Directors recommended a 7.38% CCI based on 13 months (utilizing
the nationai source data discussed above) and the 1.5% network correction for a total fee
adjustment of approximately 8.88%.
R\agdrpt\05\0111\TUMFordinance.1 stAmendment
In cooperation with the TUMF Administrator, staff has determined that due to increased costs
the schedule of fees should be adjusted to ensure the availability of sufficient funds for future
transportation projects. Based on staff's evaluation, the adjusted fees for all new construction
are proposed to take effect beginning April 1, 2005. For future efficiency, this ordinance also
provides for fee adjustments to occur via resolution rather than by ordinance amendments.
The respective TUMF allocable to new residential and non-residential development in the City of
Ternecula would increase from the current fee structure by the following amounts:
TUMF Adjusted Fee Schedule
(All Fee Categories at 100%)
Fee Category
Units
Current Fee
Per Unit"
effective March 31, 2003
DU
$6,650
$4,607
$1.45
$7.81
$4.84
$7,248
$5,021
$1.58
$8.51
$5.28
Multi-Famil Residential
DU
Industrial
SF GFA
Retail Commercial
SF GFA
Service Commercial
SF GFA
"All fees identified at 1 00%
SF GFA = Square Foot Gross Floor Area
For non-residential uses, the TUMF will continue to be phased in over the three year period
beginning April 1, 2005, at one-third the fee; increasing July 1, 2005 to two-thirds the fee; and
reaching 100% of the applicable fee on July 1, 2006, as follows:
TUMF Non-Residential Phase-In Adjusted Fee Schedule
Adjusted Fee Adjusted Fee Adjusted Fee
TUMF Land Use Units Per Unit Per Unit Per Unit
Type 4/1/05 - 6/30/05 7/1/05 - 6/30/06 (100% of TUMF)
. 7/1/06
Industrial SF GFA $0.52 $1.05 $1.58
Retail SF GFA $2.83 $5.67 $8.51
Service SF GFA $1.75 $3.52 $5.28
Staff has reviewed the proposed amendments to the TUMF Ordinance for compliance with the
California Environmental Quality Act (CEQA). The proposed amendments regarding TUMF
program irnprovements represent components of the adopted General Plan that have already
received the appropriate review when the project was approved. Based upon this review, staff
is recommending that the Council make a finding that the ordinance is exempt from further
review pursuant to CEQA Guideline Sections 15162(a) and 15061(b)(3). Section 15162 states
that when an EIR has been certified for a project, no additional environmental review is
required. The Final EIR for the City General Plan was certified on November 9, 1993.
R\agdrpt\05\0111\TUMFordinance.1stAmendment
Furthermore, specific projects covered by this program will receive environrnental review prior to
their commencernent.
FISCAL IMPACT:
None.
ATTACHMENTS:
Ordinance No. 05-_
R:\agdrptI05\0111\TUMFordinance.1slAmendment
ORDINANCE NO. 05-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 15.08, SECTION 4(A);
SECTION 6(B), AND SECTION 11 OF THE TEMECULA
MUNICIPAL CODE, AND ALLOWING FOR FUTURE FEE
ADJUSTMENTS TO BE ESTABLISHED BY RESOLUTION
(TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1: Chapter 15.08, Section 4(A) of the Municipal Code of the City of
Temecula is hereby amended to read as follows:
4. Establishment of the Transportation Uniform Mitigation Fee
(A) Adoption. There is hereby adopted the following schedule of fees:
$ 7,248 per Single-Family Residential Unit
$ 5,021 per Multi-Family Residential Unit
$ 1.58 per Square Foot of Gross Floor Area of an Industrial Project
$ 8.51 per Square Foot of Gross Floor Area of a Retail Commercial Project
$ 5.28 per Square Foot of Gross Floor Area of a Service Commercial Project
Section 2: Chapter 15.08, Section 6(B) of the Municipal Code of the City of
Temecula is hereby amended to read as follows:
6. Procedures for the Levy, Collection and Disposition of Fees
(B) Payment of the fees.
i. The fees shall be paid at the time a building permit is issued for the
Development Project.
ii. For non-residential projects the fees shall be phased-in as follows:
From April 1, 2005 to June 30, 2005, the fee schedule shall be:
$0.52 per Square Foot of Gross Floor Area of an Industrial Project
$2.83 per Square Foot of Gross Floor Area of a Retail Commercial Project
$1.75 per Square Foot of Gross Floor Area of a Service Commercial Project
From July 1, 2005 to June 30, 2006, the fee schedule shall be:
$1.05 per Square Foot of Gross Floor Area of an Industrial Project
$5.67 per Square Foot of Gross Floor Area of a Retail Commercial Project
$3.52 per Square Foot of Gross Floor Area of a Service Commercial Project
On July 1, 2006 and thereafter, the fee schedule shall be:
$1.58 per Square Foot of Gross Floor Area of an Industrial Project
$8.51 per Square Foot of Gross Floor Area of a Retail Commercial Project
$5.28 per Square Foot of Gross Floor Area of a Service Commercial Project
iii. The fees required to be paid shall be the fee arnounts in effect at the time
of payment.
R\agdrpt\05\0111\TUMFordinance.1 s!Amendment
iv. If all or part of any development project is sold prior to payment of the fee,
the property shall continue to be subject to the requirement for payment of the fee, accordingly,
the fees shall run with the land.
v. Fees shall not be waived.
vi. After April 1, 2005, fee adjustments shall be established by resolution as
. adopted by the City Council.
Section 3: Chapter 15.08, Section 11 of the Municipal Code of the City of Temecula
is hereby amended to read as follows:
11. Effective Date
The provisions of this Ordinance shall take effect on April 1 , 2005.
Section 4. The potential improvements to be funded through the TUMF program
represent components of the adopted General Plan that has already received the appropriate
review when the General Plan was approved. Based upon this fact, the City Council hereby
finds that the adoption of this ordinance is exempt from further review pursuant to CEQA
Guideline Sections 15162(a) and 15061(b)(3) of the CEQA Guidelines. Section 15162 states
that when an EIR has been certified for a project, no additional environrnental review is required
unless there is substantial evidence that the project has changed. The Final EIR for the City
General Plan was certified on November 9, 1993.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula
the 11 th day of January, 2005.
Jeff Cornerchero, Mayor
ATTEST:
Susan W. Jones, CMC, City Clerk
R\agdrpt\05\0111\TUMFordinance.1 stAmendment
(SEAL)
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA "
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do herby certify that the foregoing
Ordinance No. 05-_ was duly adopted and passed at a regular meeting of the City Council
on the 11th day of January, 2005, by the following vote, to wit:
AYES:
o
COUNCILMEMBERS:
NOES:
o
COUNCILMEMBERS:
ABSENT:
o
COUNCILMEMBERS:
Susan W. Jones, CMC City Clerk
R:\agdrpt\05\0111\TUMFordinance.1slAmendment
ITEM 17
APPROVAL
CITY ATTORNEY <-itJj7~-
DIRECTOR OF FIN9CY-~
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Debbie Ubnoske, Director of PlanninPt
DATE: January 11, 2005
SUBJECT: Planning Application for a Specific Plan Amendment to the Margarita Village
Specific Plan (SP-3) (PA04-0486)
PREPARED BY:
Dale West, Associate Planner
RECOMMENDATION:
Introduce and read by title only, an ordinance entitled:
ORDINANCE NO. 05._
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE TEXT WITHIN THE MARGARITA
VILLAGE SPECIFIC PLAN (SP-3) ZONING ORDINANCE FOR
PLANNING AREA 46, TO ALLOW "NO MINIMUM" BUILDING
SETBACK REQUIREMENT FROM ADJOINING PROPERTY
LINES WITHIN PLANNING AREA 46 AS LONG AS THE
ADJACENT PROPERTY IS USED SOLELY FOR RECREATION,
OPEN SPACE OR PARKING PURPOSES. (PLANNING
APPLICATION 04-0486)
BACKGROUND: The Margarita Village Specific Plan (SP-3) was originally adopted by the
Riverside County Board of Supervisors in 1986. Since this time, it has been amended 5 times.
In 1988, the first amendment to the Specific Plan was approved by the Board of Supervisors.
Following the incorporation of the City of Temecula, the second, third, fourth and fifth
amendments to the Specific Plan were approved by the City of Temecula City Council in 1996,
1997,1998, and 2000, respectively.
A sixth amendment to the Margarita Village Specific Plan (SP-3) is being proposed by the M-A
Temeku Hills Development, LLC in anticipation of the future sale of the Temeku Hills Golf
Course property which includes the Temeku Hills Clubhouse and ancillary recreation facilities
(swimming pool, tennis courts and tot lot). The M-A Temeku Hills Development, LLC and the
Temeku Hills Homeowners Association (HOA) have worked out an agreement that involves
subdividing Lot 25 (the Temeku Hills Clubhouse and Recreation Facilities) into two parcels. The
first parcel (clubhouse and parking facilities) will be jointly owned by the new owner of the golf
course and the HOA. The second parcel (swimming pool, tennis courts and tot lot) will be
deeded to the HOA. However, the proposed property line locations for subdividing Lot 25 would
not meet the current setback requirements established in the Specific Plan. In order to allow for
R:\S P A\2004\04-0486 Margarita Village\CC Staff Report.doc
the transfer of ownership to the HOA, the setback requirements need to be revised to allow a
"no minimum" building setback requirement from adjoining property lines within Planning Area
46 as long as the adjacent property is used solely for recreation, open space or parking
purposes. Once this amendment is approved, the applicant has indicated that they intend to
submit an application for a parcel map to finalize the transfer of ownership.
The Planning Commission reviewed the proposed Specific Plan Amendment on December 15,
2004, and voted 3-0-2 to adopt the Resolution recommending that the City Council adopt the
proposed Ordinance amending the Margarita Village Specific Plan (SP-3) to allow a "no
minimum" building setback requirement from adjoining property lines within Planning Area 46.
ENVIRONMENTAL DETERMINATION: This amendment to the Margarita Village Specific
Plan (SP-3) represents a rninor change to the zoning standards within Planning Area 46. Staff
has reviewed the proposed amendment to the Specific Plan and has determined that the project
has no potential to result in any negative impacts to the environrnent. The Planning
Commission concurred and is recommending that the City Council make a finding that there is
no potential to have an impact and that no environmental review is required pursuant to Section
15061 (b)(3) of the California Environmental Quality Act Guidelines.
FISCAL IMPACT:
Amendment.
No fiscal irnpact is anticipated as a result of this Specific Plan
ATTACHMENTS:
1. Proposed Resolution No. 05-_
2. Proposed Ordinance No. 05-_
3. Final Planning Commission Resolution No. 2004-070
4. Planning Commission Staff Report 12/15/04
5. Conceptual Lot Line Configuration
R:\S P A\2004\04-0486 Margarita Village\CC Staff Report.doc
ATTACHMENT NO.1
PROPOSED CC RESOLUTION 05-_
R:\S P AI20Q4\04-0486 MarQarita Village\CC Staff Report.doc
RESOLUTION NO. 05"_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA04-0486 (SPECIFIC PLAN AMENDMENT NO.6) TO AMEND
THE TEXT WITHIN THE MARGARITA VILLAGE SPECIFIC
PLAN'S (SP-3) DEVELOPMENT STANDARDS OF THE
ZONING ORDINANCE FOR PLANNING AREA 46.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1.
declare that:
The City Council of the City of Temecula does hereby find, determine and
A. The proposed Specific Plan Amendment is consistent with the City of Temecula
General Plan and the Margarita Village Specific Plan (SP-3); and
B. M-A Temeku Hills Development, LLC, filed Planning Application No. PA04-0486,
Specific Plan Amendment in accordance with the City of Temecula General Plan and
Development Code; and
C. The application for the Project was processed as required by law, including the
California Environmental Quality Act; and
D. The Planning Commission of the City of Temecula held a duly noticed public
hearing on December 15, 2004 to consider the applications for the Project and environmental
determination, at which tirne the City staff and interested persons had an opportunity to, and did,
testify either in support or opposition to this matter; and
E. 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.2004-070, recommending approval of the Margarita Village Specific Plan (SP-3)
Amendment No.6; and
F. The City Council has held a duly noticed public hearing on January 11, 2005 to
consider the proposed Specific Plan Amendment; and
G. On January 11, 2005, 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; and
H. January 11, 2005, the City Council of the City of Temecula approved the
Margarita Village Specific Plan (SP-3) Amendment No. 6 when it adopted Resolution No. 05-
R:\S P A\2004\04~0486 Margarita Village\CC Reso.doc
Section 2. Findinqs. The City Council, in recommending approval of Planning
Application No. PA04-0486 hereby makes the following findings as required by Section
17.16.020.E of the City of Temecula Municipal Code:
A. The proposed Specific Plan Amendment is consistent with the General Plan and
Development Code.
B. The proposed Specific Plan Amendment would not be detrimental to the public
interest, health, safety, convenience or welfare of the city.
C. The subject property is physically suitable for the requested land use
designations and the anticipated land use developments.
D. The proposed Specific Plan shall ensure development of desirable character
which will be compatible with existing and proposed development in the surrounding
neighborhood.
Section 3. Environmental Compliance. This project is exempt from CEQA review
pursuant to CEQA Guidelines Section 15061 (b) (3). The proposed project is an existing golf
course with a clubhouse and recreation amenities surrounded by detached single family
residential property. The proposed project and surrounding area is currently built out with no
future plans for expansion. The M-A Temeku Hills Development, LLC and the Temeku Hills
Homeowners Association (HOA) have worked out an agreement that involves subdividing Lot
25 (the Terneku Hills Clubhouse and Recreation Facilities) into two parcels. The first parcel
(clubhouse and parking facilities) will be jointly owned by the new owner of the golf course and
the HOA. The second parcel (swimming pool, tennis courts and tot lot) will be deeded to the
HOA. In order to allow for the transfer of ownership to the HOA, the building setbacks need to
be revised to allow a "no minimum" building setback requirement from adjoining property lines
within Planning Area 46, as long as the adjacent property is used solely for recreation, open
space or parking purposes. The proposed project is a minor revision to the Specific Plan
Zoning Ordinance allowing the clubhouse and recreation facility property to be transferred to the
Homeowner's Association. There is no possibility that the proposed project will have a
significant effect on the environment and therefore it is not subject to CEQA.
Section 4. The City of Temecula City Council hereby approves Planning Application
No. PA04-0486, Amendment NO.6 to the Margarita Village Specific Plan (SP-3) in the form
attached to this resolution as Exhibit A and subject to the Conditions of Approval contained in
Exhibit B.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula City
Council this _ day of _ 2005.
R:\S P A\20Q4\Q4-0486 Margarita Village\CC ResQ.doc
2
Section 6. The City Clerk shall certify the adoption of this Resolution.
Jeff Comerchero, Mayor
ATTEST:
Susan Jones, CMC, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council
of the City of Temecula at a regular meeting thereof held on the day of
, 2005 by the following vote of the Council:
AYES:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS
Susan Jones, CMC, City Clerk
R:\S P A\2004\04~0486 Margarita Village\CC Reso.doc
3
EXHIBIT A
MARGARITA VILLAGE SPECIFIC PLAN (SP-3)
AMENDMENT NO.6
R:\S P A\2004\04-0486 Margarita Villagc\CC Reso.doc
4
Amendment No.6
of
Margarita Village
Specific Plan No. 199
City of Temecula
October 2004
Margarita Village
Table of Contents
TABLE OF CONTENTS
Specific Plan Amendment Rationale...... ......... ............ .............. .... ...... ............ .....Section 1
Summary of Changes............ ....... ....... ....... ............ .............. .... ...... ...... ........ ..Section 2
Specific Plan Zone Ordinance... ...... ...... ......... ......... ..:..... ....... ...... .... ........ ........ . Section 3
Specific Plan No. 199: Amendment No.6
Specific Plan
Amendment Rationale
\J
_~'~';Oi~m~
~garita Village
Specific Plan Amendment Rationale
SPECIFIC PLAN AMENDMENT RATIONALE
The applicant is requesting an Amendment to the MARGARITA VILLAGE Specific Plan (SP No. 199) to
allow for no minimum building setback requirement from adjoining property lines within Planning
Area 46 if the adjacent use is recreation, open space or parking. This amendment would entail a
minor revision to the Specific Plan zoning ordinance.
The rationale for this amendment is to allow adjacent recreation facilities including a pool, tot lot and
tennis courts to be divided into a separate lot for dedication to the Temeku Hills Homeowners
Association, as depicted in Figure 1, Clubhouse, Common Areas and Recreation Areas. The creation
of an additional lot for the clubhouse and parking lot is also necessary as it will be jointly owned by
the future owner of the adjacent golf course and the Temeku Hills Homeowners Association. The
remaining portion of the existing lot will be owned by the future golf course owner.
These actions will be accomplished through the subsequent creation of a parcel map. Due to the
proximity of the recreational facilities to the golf course clubhouse, setback requirements for
Planning Area 46 must necessarily be amended to require no minimum setback from adjoining
property lines. The proposed amendment will accomplish this intent more effectively than the
Specific Plan as currently written.
As a result of this amendment, the Specific Plan zoning ordinance for Planning Area 46 will be
revised to require no minimum building setback from adjoining property lines if the adjacent use is
recreation, open space or parking.
Specific Plan No. 199: Amendment No.6
Q)
Summary of Changes
\.i
-..~.'\')Ii:II,;.':;;;"i)j.~
Margarita Village
I. Summary of Changes
I. SUMMARY OF CHANGES
A. SPECIFIC PLAN
The MARGARITA VILLAGE Specific Plan (SP No. 199) was adopted by the Riverside County Board of
Supervisors on August 26, 1986 through Resolution No. 86-355. Specific Plan Amendment No.1
was approved by the Board of Supervisors on September 6, 1988 via Resolution No. 88-471. In
1989, the City of Temecula incorporated and assumed jurisdiction over MARGARITA VILLAGE. Since
1989, four additional amendments to the MARGARITA VILLAGE Specific Plan were recorded for a total
of five previous amendments to SP No. 199.
Amendment No. 6 to the MARGARITA VILLAGE Specific Plan will arnend the Specific Plan zoning
text to allow for no minimum setback requirement from adjoining property lines within Planning
Area 46. This revision will allow the adjacent recreation facilities including a pool, tot lot and tennis
courts to be divided into a separate lot for dedication to the Temeku Hills Homeowner's Association.
It will also allow for the creation on an additional lot for the clubhouse and parking lot, which will be
jointly owned by the future golf course owner and the Temeku Hills Homeowner's Association.
The following describes the minor revision to the MARGARITA VILLAGE Specific Plan that has
occurred as a result of these amendments.
1. SPECIFIC PLAN ZONING ORDINANCE
Amendment No. 6 of the MARGARITA VILLAGE Specific Plan (SP No. 199) updates text
within the Specific Plan zoning ordinance to allow for no minimum setback requirement from
adjacent property lines if the adjacent property is used for recreation, open space or for
parking purposes.
Specific Plan No. 199: Amendment No.6
Page I-I
Specific P~an
Zone Ordinance
u
,.
....~~l!dl:'f.':lO
(2) The development standards for Planning Area 43 of Specific Plan No. 199 shall be the same
as those standards identified for the M Residential District in Section 17.06.040 of the City
of Temecula Development Code, except for the following:
A. Minimum net lot area shall not be less than four thousand five hundred (4,500)
square feet.
B. No lot shall have more than sixty percent (60%) of its net area covered with
buildings or structures.
C. The minimum average width of a lot shall be thirty-eight feet (38') with a minimum
lot depth of sixty-five feet (65f). Minimum lot width at the required front property
line shall be thirty-eight feet (38').
D. The front yard setback including garages shall be not less than ten feet (10').
E. The sum of the interior side yard setbacks shall be not less than ten feet (10'). This
permits a zero lot line arrangement with a zero setback on one side yard and ten feet
on the opposite side yard. Comer side yards shall not be less than ten feet (10').
F. The rear yard shall be not less than ten feet (lOf).
G. There shall be no maximum % of lot coverage requirement.
(3) Except as provided above, all other zoning requirements shall be the same as those
requirements identified in Chapter 17.06 of the City of Temecula Development Code.
qq. Planning Area 44.
(1) The uses permitted in Planning Area 44 of Specific Plan No. 199 shall be the same as those
uses permitted in the PR District of Chapter 17.14 of the City of Temecula Development
Code.
(2) The development standards for Planning Area 44 of Specific Plan No. 199 shall be the same
as those standards identified for the PR District in Section 17.14.040 of the City of Temecula
Development Code.
(3) Except as provided above, an other zoning requirements shan be the same as those
requirements identified in Chapter 17.14 of the City of Temecula Development Code.
IT. Planning Area 45.
(1) The uses permitted in Planning Area 45 of Specific Plan No. 199 shall be the same as those
uses permitted in the PR District of Chapter 17.14 of the City of Temecula Development
Code.
(2) The development standards for Planning Area 45 of Specific Plan No. 199 shall be the same
as those standards identified for the PR District in Section 17.14.040 of the City of Temecula
Development Code.
(3) Except as provided above, an other zoning requirements shall be the same as those
requirements identified in Chapter 17.14 of the City of Temecula Development Code.
ss. Planning Area 46.
(1) The uses permitted in Planning Area 46 of Specific Plan No. 199 shall be the same as those
uses permitted in the PR District of Chapter 17.14 of the City of Temecula Development
Code.
(2) The development standards for Planning Area 46 of Specific Plan No. 199 shall be the same
as those standards identified for the PR District in Section 17.14.040 of the City ofTemecula
Development Code except that there shall be no minimum building setback requirement
from adioining property lines if the adiacent property is used solei v for recreation, open
space or for parking purposes.
(3) Except as provided above, an other zoning requirements shan be the same as those
requirements identified in Chapter 17.14 of the City of Temecu1a Development Code.
-16-
EXHIBIT B
DRAFT CONDITIONS OF APPROVAL
R:\S P A\2004\04-0486 Margarita Village\CC Reso.doc
5
EXHIBIT B
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA04-0486
Project Description:
A Specific Plan Amendment to revise the Margarita
Village Specific Plan (SP-3) Zoning Ordinance to allow
a "no minimum" building setback requirement from
adjoining property lines within Planning Area 46 as
long as the adjacent property is used solely for
recreation, open space or parking purposes.
Approval Date:
December 15, 2004
Expiration Date:
None
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
1. The applicanVdeveloper shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of Sixty-four Dollars
($64.00) for the County administrative fee, to enable the City to file the Notice of
Exemption as provided under Public Resources Code Section 211 08(b) and California
Code of Regulations Section 15062. If within said forty-eight (48) hour period the
applicanVdeveloper has not delivered to the Planning Department the check as required
above, the approval for the project granted shall be void by reason of failure of condition.
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 the City with Legal Counsel of the City's
own selection from any and all claims, actions, awards, judgments, or proceedings
against the City to attack, set aside, annul, or seek monetary damages resulting, directly
or indirectly, from any action in furtherance of and the approval of the City, or any
agency or instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning the Planning
Application. The City shall be deemed for purposes of this condition, to include any
agency or instrumentality thereof, or any of its elected or appointed officials, officers,
employees, consultants, contractors, legal counsel, and agents. City shall promptly notify
both the applicant and landowner of any claim, action, or proceeding to which this
condition is applicable and shall further cooperate fully in the defense of the action. The
City reserves the right to take any and all action the City deems to be in the best interest
of the City and its citizens in regards to such defense.
3. The applicant shall sign both copies of the final conditions of approval that will be
provided by the Planning Department staff, and return one signed set to the Planning
Department for their files.
R:\S P A\2004\Q4-0486 Margarita Village\CC Reso.doc
6
4. All existing and future buildings shall meet fire resistive construction standards as set
forth by Table 5-A of the California Building Code.
BUILDING DEPARTMENT
5. Development plans must show any fire resistive wall construction based upon proximity
to property lines or other buildings on the same property as per California Building Code
Table 5-A. New property lines created may impact existing buildings exterior wall
construction and openings.
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
Applicant's Printed Name
R:\S P A\2004\04-0486 Margarita Village\CC Reso.doc'
7
ATTACHMENT NO.2
PROPOSED CC ORDINANCE 05-_
R:\S P AI2004\04-0486 Margarita Village\CC StaH Report.doc
ORDINANCE NO. 05-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE TEXT WITHIN THE MARGARITA
VILLAGE SPECIFIC PLAN (SP-3) ZONING ORDINANCE FOR
PLANNING AREA 46, TO ALLOW "NO MINIMUM" BUILDING
SETBACK REQUIREMENT FROM ADJOINING PROPERTY LINES
WITHIN PLANNING AREA 46 AS LONG AS THE ADJACENT
PROPERTY IS USED SOLELY FOR RECREATION, OPEN SPACE OR
PARKING PURPOSES. (PLANNING APPLICATION 04-0486)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find, determine and
declare that:
A. The proposed Specific Plan Amendment is consistent with the General Plan and
the Margarita Village Specific Plan (SP-3); and
B. M-A Temeku Hills Development, LLC filed Planning Application No. PA04-0486
for a Specific Plan Amendment to amend the building setback requirernents in Planning Area
46.
C. The application for the Project was processed and is exempt from CEQA review;
and
D. The Planning Commission of the City of Temecula held a duly noticed public
hearing on December 15, 2004 to consider the application for the Project and CEQA
deterrnination, at which time the City staff and interested persons had an opportunity to, and did
testify either in support or opposition to this matter; and
E. 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. 2004-070 recommending approval of a Specific Plan Arnendrnent; and
F. On January 11, 2005 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; and
G. On January 11,2005, the City Council of the City of Temecula approved the
Margarita Village Specific Plan (SP-3) Amendment No.6.
Section 2. The City Council of the City of Temecula hereby amends the text for
Planning Area 46 of Margarita Village Specific Plan (SP-3) Zoning Ordinance for development
standards to read as follows:
"(2) The development standards for Planning Area 46 of Specific Plan No. 199 shall be the
same as those standards identified for the PR District in Section 17.14.040 of the City of
Temecula Development Code except that there shall be no minimum building setback
requirement from adjoining property lines if the adjacent property is used solely for
recreation, open space or parking purposes."
R:\S P A\2004\04~0486 Margarita Village\CC Ordinance SPA Draft.doc
1
Section 3. Severabilitv. If any sentence, clause or phrase of this ordinance is for any
reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity
of the remaining provisions of this ordinance. The City Council hereby declares that the
provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction
shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision
shall not affect the validity of the remaining parts of this Ordinance.
Section 4. Notice of Adoption. The City Clerk shall certify to the adoption of this
Ordinance and shall cause the same to be posted as required by law.
Section 5. Effective Date. This Ordinance shall be in full force and effect thirty (30)
days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause
copies of this Ordinance to be posted in three designated posting places.
Section 6. This Ordinance shall be in full force and effect thirty (30) days after its
passage; and within fifteen (15) days after its passage, together with the names of the City
Council members voting thereon, it shall be published in a newspaper published and circulated
in said City.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this
_ day of _, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
R:\S P A\2004\04-0486 Margarita Village\CC Ordinance SPA Draft.doc
2
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 05-_ was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 11 th day of January, 2005 and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the _
day of , 2005, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:\S P A\2004\04-0486 Margarita Village\CC Ordinance SPA Draft-doc
3
ATTACHMENT NO.3
PC RESOLUTION NO. 2004-070
R:\S P A\2004\04-0486 Mar~arita Village\CC Staff Report.doc
PC RESOLUTION NO. 2004-070
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL APPROVE PLANNING APPLICATION NO. PA04-
0486 (SPECIFIC PLAN AMENDMENT NO.6) TO AMEND THE
TEXT WITHIN THE MARGARITA VILLAGE SPECIFIC PLAN'S
(SP NO. 199) DEVELOPMENT STANDARDS OF THE ZONING
ORDINANCE FOR PLANNING AREA 46.
WHEREAS, M-A Temeku Hills Development, LLC, filed Planning Application No. PA04-
0486, Specific Plan Amendment in accordance with the City of Temecula General Plan and
Development Code;
WHEREAS, the Planning Commission considered Planning Application No. PA04-0486
on December 15, 2004, at a duly noticed public hearing as prescribed by law, at which time the
City staff and interested persons had an opportunity to, and did testify either in support or
opposition to this matter;
WHEREAS, at the conclusion of the Commission hearings and after due consideration
of the testimony, the Commission recommended the City Council approve the Application
subject to and based upon the findings set forth hereunder;
WHEREAS, at the conclusion of the public hearing and after due consideration of the
testimony, the Planning Commission approved Resolution No. 2004-070, recommending that
the City Council approve PA04-0486;
WHEREAS, all legal preconditions to the adoption of this resolution have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The proposed Specific Plan Amendment is consistent with the City of
Temecula General Plan and the Margarita Village Specific Plan
Section 2. FindinQs. The Planning Commission, in recommending approval of
Planning Application No. PA04-0486 hereby makes the following findings as required by Section
17.16.020.E of the City of Temecula Municipal Code:
A. The proposed Specific Plan Amendment is consistent with the General Plan and
Development Code.
B. The proposed Specific Plan Amendment would not be detrimental to the public
interest, health, safety, convenience or welfare of the city.
C. The subject property is physically suitable for the requested land use
designations and the anticipated land use developments.
D. The proposed Specific Plan shall ensure development of desirable character
which will be compatible with existing and proposed developrnent in the surrounding
neighborhood.
R\S P A\2004\04-0486 Margarita VilIage\Final PC Reso & COA'S-DP.doc
t
Section 3. Environmental Compliance. This project is exempt from CEQA review
pursuant to CEQA Guidelines Section 15061 (b) (3). The proposed project is an existing golf
course with a clubhouse and recreation amenities surrounded by detached single family
residential property. The proposed project and surrounding area is currently built out with no
future plans for expansion. The proposed project is a minor revision to the Specific Plan Zoning
Ordinance solely to transfer ownership of the clubhouse and recreation facility property to the
Homeowner's Association. There is no possibility that the proposed project will have a
significant effect on the environment and therefore it is not subject to CEQA.
Section 4. The City of Temecula Planning Commission, hereby recommends that
the City Council approve Planning Application No. PA04-0486, Amendment No. 6 to the
Margarita Village Specific Plan No. 199 substantially in the form attached to this resolution as
Exhibit A and subject to the Conditions of Approval contained in Exhibit B.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 15th day of December 2004.
Section 6.
The City Clerk shall certify the adoption of this Resolution.
John Telesio, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss
CITY OF TEMECULA
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 2004-070 was duly and regularly adopted by the Planning Commission
of the City of Temecula at a regular meeting thereof held on the 15th day of December 2004, by
the following vote of the Commission:
AYES:
NOES:
3
o
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Chiniaeff, Olhasso, Telesio
ABSENT: 2
Guerriero, Mathewson
ABSTAIN: 0
Debbie Ubnoske, Secretary
R:\S P A\2004\04-0486 Margarita Village\Final PC Reso & COA'S-DP.doc
2
ATTACHMENT NO.4
PLANNING COMMISSION STAFF REPORT 12/15/04
R:\S P A\2004\04-0486 Mar~arita Village\CC Stall Report.doc
/
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
OR\G\NAL
Date of Meeting: December 15, 2004
Prepared by: Dale West
Title: Associate Planner
File Number PA04-0486
Application Type: Minor Revision (Specific Plan)
Project Description:
Specific Plan Amendment to reduce the building setback requirement
from adjoining properties in Planning Area 46.
o Approve with Conditions
Recommendation:
(Check One)
o Deny
o Continue for Redesign
o Continue to:
r8l Recommend Approval with Conditions
o Recommend Denial
CEQA:
(Check One)
o Categorically Exempt
(Class)
(Class) 15162
o Notice of Determination
o Negative Declaration
o Mitigated Negative Declaration with Monitoring Plan
OEIR
r8l OTHER: Exempt from CEQA review pursuant to Section
15061 (b)(3)
R:IS P AI2004\04-0486 Margarita VillagelSTAFF REPORT-PC.doc
PROJECT DATA SUMMARY
Applicant: M-A Temeku Hills Development, LLC
Completion Date: N/A
Mandatory Action Deadline Date: N/A
General Plan Designation:
Open Space (OS)
Zoning Designation:
Margarita Village Specific Plan (Public Recreation (PR))
Site/Surrounding Land Use:
Site:
Temeku Hills Golf Course, Clubhouse and Recreation Facilities
North:
South:
East:
West:
Residential
Residential
Residential
Residential
Lot Area:
N/A
Total Floor Area/Ratio N/A
Landscape Area/Coverage N/A
Parking Required/Provided N/A
BACKGROUND SUMMARY
[8J 1. Staff has worked with the applicant to ensure that all concerns have been addressed,
and the applicant concurs with staff's recommendation.
ANALYSIS
The Margarita Village Specific Plan (SP No. 199) was originally adopted by the Riverside
County Board of Supervisors in 1986. Since this time it has been amended 5 times. In 1988
the first amendment to the Specific Plan was approved by the Board of Supervisors. Following
the incorporation of the City of Temecula, the second, third, fourth and fifth amendments to the
Specific Plan were approved by the City of Temecula City Council in 1996, 1997, 1998, and
2000 respectively.
A sixth amendment to the Margarita Village Specific Plan No. 199 is being proposed by the M-
A Temeku Hills Development, LLC in anticipation of the future sale of the Temeku Hills Golf
Course property which includes the Temeku Hills Clubhouse and ancillary recreation facilities
(swimming pool, tennis courts and tot lot). The M-A Terneku Hills Development, LLC and the
Temeku Hills Homeowners Association (HOA) have worked out an agreement that involves
subdividing Lot 25 (the Temeku Hills Clubhouse and Recreation Facilities) into two parcels.
R\S P A\2004\04-0486 Margarita Village\STAFF REPORT-PC.doc
2
first parcel (Clubhouse and parking facilities) will be jointly owned by the new owner of the golf
course and the HOA. The second parcel (swimming pool, tennis courts and tot lot) will be
deeded to the HOA. However, the proposed property line locations for subdividing Lot 25 would
not meet the current setback requirements established in the Development Code for the PR
zone. In order to allow for the transfer of ownership to the HOA, the setback requirements need
to be revised to allow a "no minimum" building setback requirement from adjoining property lines
within Planning Area 46 as long as the adjacent property is used solely for recreation, open
space or parking purposes. Once this agreement is approved, the applicant has indicated that
they intend to submit an application for a parcel map to finalize the transfer of ownership.
ENVIRONMENTAL DETERMINATION
1:8]1. In accordance with the California Environmental Quality Act, the proposed Project is
exempt from CEQA review pursuant to Section 15061 (b) (3). The proposed project is
an existing golf course with a clubhouse and recreation amenities surrounded by
detached single family residential property. The proposed project and surrounding area
is currently built out with no future plans for expansion. The proposed project is a minor
revision to the Specific Plan Zoning Ordinance solely to transfer ownership of the
clubhouse and recreation facility property to the Homeowner's Association. There is no
possibility that the proposed project will have a significant effect on the environment and
therefore it is not subject to CEQA.
CONCLUSION/RECOMMENDATION
Planning Staff recommends that the Planning Commission recommend that the City Council
approve Planning Application No. PA04-0486 based upon the findings and attached Conditions
of Approval.
FINDINGS
Specific Plan Zoning District
(Code Section 17.16.020 E)
1. The proposed Specific Plan is consistent with the General Plan and Development Code.
The proposed amendment would not change the use of the site and is consistent with the
General Plan and Development Code. The proposed revision to the property line setback
is allowable under an approved Specific Plan zoning ordinance.
2. The proposed specific plan would not be detrimental to the public interest, health, safety,
convenience or welfare of the city.
The proposed amendment does not change the existing conditions of the site. Buildings
affected by the proposed setback changes will be subject to provisions of Table 5-A of the
California Building Code and therefore will not result in any detriment to the public interest,
health, safety, convenience or welfare of the city.
3. The subject property is physically suitable for the requested land use designations and the
anticipated land use developments.
R:\S P AI2004I04.0486 Margarita VillagelSTAFF REPORT-PCdoc
3
The proposed amendment does not change the land use designations and the site is
currently built to its ultimate development plans.
4. The proposed specific plan shall ensure development of desirable character which will
be compatible with existing and proposed development in fhe surrounding neighborhood.
There is no additional proposed development with the proposed amendment and
therefore is compatible with the existing surrounding neighborhood.
ATTACHMENTS
1. PC Resolution No. 2004-_ - Blue Page 5
Exhibit A - Specific Plan No. 199 Amendment No.6
Exhibit B - Conditions of Approval
2. CC Resolution No. 04-_ - Blue Page 6
3. CC Ordinance No. 04- _ - Blue Page 7
R:IS P A\2004104.0486 Margarita VillagelSTAFF REPORT-PC.doc
4
ATTACHMENT NO.5
CONCEPTUAL LOT LINE CONFIGURATION
A:\S P A\2004\Q4-Q486 Margarita village\CC Staff Report.doc
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ITEM 18
TO:
FROM:
DATE:
SUBJECT:
APPROVAL 'A'~~
CITY ATTORNEY -t-V~
DIRECTOR OF FINANCj: Gic---
CITY MANAGER f(JJ I
CITY OF TEMECULA
AGENDA REPORT
City Manager/CirWfrcil
Debbie Ubnosk~irector of Planning
January 11, 2005
Roripaugh Ranch Specific Plan Amendment, PA04-0370 General Plan
Amendment; PA04-0371 Specific Plan Amendment; PA04-0369 Tentative Tract
Map (32004); PA04-0590 Amendment to Development Agreement
PREPARED BY: Dan Long, Associate Planner
RECOMMENDATION: The Planning Commission recomrnends that the City Council adopt
the following Ordinance and Resolutions.
1. Adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A GENERAL PLAN AMENDMENT TO
CHANGE THE LAND USE DESIGNATION OF PLANNING
AREA 7B IN THE RORIPAUGH RANCH SPECIFIC PLAN FROM
OPEN SPACE (OS) TO LOW MEDIUM RESIDENTIAL (LM),
AND CHANGE THE LAND USE DESIGNATION OF PLANNING
AREA 10 FROM LOW RESIDENTIAL (L) TO LOW-ESTATE
RESIDENTIAL (L-E), LOCATED NEAR THE FUTURE
INTERSECTION OF MURRIETA HOT SPRINGS ROAD AND
POURROY ROAD (PA04-0370).
2. Adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA04-0371 (SPECIFIC PLAN AMENDMENT) TO CHANGE THE
LAND USE DESIGNATIONS OF PLANNING AREA 78 FROM
OPEN SPACE (OS) TO LOW MEDIUM RESIDENTIAL (LM),
CHANGE THE LAND USE DESIGNATION OF PLANNING
AREA 10 FROM LOW RESIDENTIAL (L) TO LOW-ESTATE
RESIDENTIAL (L-E), MODIFY THE FUEL MODIFICATION
R:\S P AI2004\04-0371. Roripaugh Ranch-1\CC Staff Report.1.doc
1
ZONE BOUNDARY, ADD ADDITIONAL DEVELOPMENT
STANDARDS FOR ACCEESSORY STRUCTURES, AMEND
THE DESCRIPTION SUMMARIES OF PLANNING AREAS 1 A,
7B, 10, 12, AND 27, REVISE THE DESIGN GUIDELINES, AND
MAKE OTHER MINOR TEXT CHANGES TO THE RORIPAUGH
RANCH SPECIFIC PLAN (PA04-0371).
3. Adopt an ordinance entitled:
ORDINANCE NO. 05-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA04-
0371 (SPECIFIC PLAN AMENDMENT) TO AMEND THE
RESIDENTIAL DEVELOPMENT STANDARDS OF THE
RORIPAUGH RANCH SPECIFIC PLAN TO INCLUDE A LOW-
ESTATE ZONE, AND ADD DEVELOPMENT STANDARDS FOR
ACCESSORY STRUCTURES, GARAGES AND ENCROACHMENTS
INTO YARD AREAS (PA04-0371).
4. Adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA04-0369 (TENTATIVE TRACT MAP 32004) TO CREATE 6
ADDITIONAL LOTS AND MODIFY THE CONFIGURATION OF A
TOTAL OF 18 LOTS IN PLANING AREA 1A TO
ACCOMMODATE THE EXTENSION OF A CUL-DE-SAC,
LOCATED NEAR THE INTERSECTION OF MURRIETA HOT
SPRINGS ROAD AND POURROY ROAD (PA04-0369).
5. Adopt an ordinance entitled:
ORDINANCE NO. 05-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE FIRST AMENDMENT TO THE
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY
OF TEMECULA AND ASHBY USA, LLC FOR THE RORIPAUGH
RANCH SPECIFIC PLAN (PA04-0590)
BACKGROUND:
On May 26, 2004, the Applicant's representative for the Roripaugh Ranch Specific Plan
approached City Staff and requested consideration of several changes to the Specific Plan.
The initial changes requested were to move the fuel modification area due to concerns
expressed by the U.S. Fish and Wildlife Service that the fuel modification zone was originally
R:\S P A\2004\04-0371. Roripaugh Ranch.1\CC Staff Report-l.doc
2
located in habitat area, and to add six lots to the panhandle area as a result of a detention basin
no longer being needed on site. Staff was supportive of both of these changes. As discussions
progressed on the Specific Plan Amendment, a number of other items were requested to be
included.
On May 26, 2004, the Applicant, Ashby USA, LLC filed the following applications:
. General Plan Amendment (PA04-0370): Change the General Plan land-use
designation in Planning Area 7B from Open Space (OS), which was designated for a
detention basin that is no longer needed, to Low Medium Residential (LM); merge
Planning Area 7B into Planning Area 1 A; and change the land-use designation of
Planning Area 10 from Low Density Residential (L) to Low Estate Residential (L-E).
. Specific Plan Amendment (PA04-0371): Change the land-use designation of
Planning Area 7B from Open Space (OS) to Low Medium Residential and merge
Planning Area 7B into Planning Area 1 A; change the land-use designation of Planning
Area 10 from Low Density Residential (L) to Low Estate Residential (L-E); modify fuel
modification zone boundaries, revise the Design Guidelines to include additional
inspirational photos and include additional text for implementation purposes, add
development standards for accessory structures, amend the description summaries of
Planning Areas 1A, 7B, 10, 12, and 27, and other minor text changes and clean-up
items.
. Tentative Parcel Map (PA04-0369): Subdivide two acres, creating an additional six lots
within Planning Area 1 A and modify a total of 18 lots to accommodate the extension of a
cul-de-sac (Skyline Drive). The additional two acres is a result of the General Plan
Amendment to eliminate the detention basin.
On November 30,2004, the applicant filed the following application:
. Amendment to Developrnent Agreement (PA04-0590): The proposed DA Amendment
will allow a total of 515 residential building permits to be issued in Planning Areas 1A, 2,
3, 4A and 4B, however in order to issue the 2581h building permit, the City Manager shall
make a determination that the permanent fire station is substantially under construction,
transportation improvements required to be installed prior to the 258th building permit as
mentioned in Attachment 5A are complete, permanent access on Murrieta Hot Springs
Road and Butterfield Stage Road, including the bridges on said roads will be completed
upon the opening of the permanent fire station and all other requirements of the
Development Agreement and Conditions of Approval have been fulfilled. There are no
changes proposed that will affect the timing of the issuance of the first building permit.
This project was presented to the Planning Commission on December 15, 2004. The Planning
Commission voted 3-0 recommending that the City Council approve the project.
Commissioners Guerriero and Mathewson were absent.
DISCUSSION:
PLANNING COMMISSION ANALYSIS
The Planning Commission reviewed the staff report of record and recommended that the City
Council approve the project based on the following analysis:
R:\S P A\2004\04.0371, Roripaugh Ranch-l\CC Staff Report-l.doc
3
General Plan Amendment
The proposed land use change from Open Space (OS) to Low Medium Residential (LM) is a
result of storm drain improvements off-site that no longer require an on-site detention basin.
The 2.0 acres of Open Space area, currently designed as a detention basin is longer necessary
because an adjacent development immediately to the west is currently underway, which will
allow a City maintained storm drain to connect to the Roripaugh Ranch project site. The storm
drain will be owned and maintained by the City and does not require a third party agreement to
connect the storm drain to the Roripaugh Ranch project. City staff has studied the flow capacity
and has determined that the storm drain connection can accommodate the flow of the
Roripaugh Ranch project. These 2.0 acres are not needed for additional parks or public uses
since the Roripaugh Ranch Specific Plan exceeds the open space and parkland dedication
requirements. The City of Temecula Public Works Department and Community Services
Department has reviewed and recommended approval of the request.
The proposed land use change from Low Density Residential (L) to Low Estate Residential (L-
E) in Planning Area 10 is a result of required changes to the fuel modification zone. The change
will permit minirnum lot sizes of 10,000 square feet to create a new fuel modification zone
outside the boundaries of the habitat area.
Specific Plan Amendment
The proposed Specific Plan Amendment is a request to make changes that will bring the
Specific Plan into conformance with the related General Plan Amendment. In addition, state and
federal agencies have submitted documentation to the City indicating that the Fuel Modification
Zone is not permitted in the habitat open space area. Structures are not perrnitted within the
Fuei Modification Zone boundary. Since the Fuel Modification Zone is not permitted in the
habitat open space area, the Fuel Modification Zone boundary is required to be located in an
area previously planned for residential dwellings. This change has the potential to reduce the
total number of residential dwelling units possible on the perimeter of residential Planning Areas
14, 15, 16 and 17. Until these areas are mapped, it is unknown how much this change will
impact unit counts in these Planning Areas. The potential reduction of units will also affect the
Community Facility District.
The Applicant requested a change to the summary description of Planning Area 10, which will
allow for 10,000 square foot lots as opposed to 20,000 square foot lots. Since there are no
existing or proposed residential areas abutting Planning Area 10, this request was not an issue.
The applicant also requested a change to the summary description of Planning Area 12, which
will allow standard products as opposed to clustered products. There are other remaining
planning areas (22 and 31) throughout the Specific Plan that maintain the variety of housing
types envisioned in the current Specific Plan. If approved, the proposed changes will not result
in an increase of residential dwelling units above 2,015.
The Applicant has agreed to work with staff to arnend the Design Guidelines. The proposed
Design Guidelines include additional text as directed by the Planning Commission and includes
the following:
. Cleaner descriptions of each architectural style with required integral elements of the
structure.
R:\S P AI2004\04.0371. Roripaugh Ranch.1\CC Staff Report.1.doc
4
. Additional inspirational photos that reflect realistic design opportunities.
. Additional text directing users to critical sections of the Design Guidelines that provide
direction on the importance of entries, doors, windows, garage doors, roof type and
pitch, etc.
. Language requiring specific core elements and additional style elements.
. Adding language that allows the Director of Planning to authorize additional architectural
styles in the planning areas that will provide for variety, allow for greater flexibility and
identifiable neighborhoods.
The additional changes to the Specific Plan were general clean-up iterns or changes that have
resulted from the first attempts to implement the Specific Plan. Some of these changes include
modifying the fencing plan (colors, materials, location of pilasters, etc.), revising the description
and design of Planning Area 27; this increases the acreage of the sports park from 19.7 acres to
21.1 acres. Other changes include revising the cross section details for the Fuel Modification
Zone Boundary, revising the nature trails to reflect the eliminated detention basin, adding
development standards for the Low-Estate Residential Zone, and adding development
standards for accessory structures such as detached garages, porches, balconies, etc.
Tentative Tract Map
The proposed Tentative Tract Map is a request to subdivide two acres into six additional lots
and modify a total of eighteen lots to accommodate the extension of Skyline Drive. A current
Tentative Tract Map (29661) has been approved for the project site. Tract Map 29661 was not
designed to accommodate residential parcels in the detention basin. As a result of the
detention basin becoming a residential use, the proposed Tentative Tract Map will require the
reconfiguration of 18 lots to provide access to the new lots. The proposed Tentative Parcel Map
is in conformance with the related General Plan and Specific Plan Amendments and the
Subdivision Ordinance.
Development Aoreement Amendment
The Development Agreement Amendment will allow for the panhandle area (pA1A, 2, 3, 4A and
4B) to be built out (515 permits) provided the permanent fire station is substantially under
construction, transportation improvements are complete as identified in Attachment 5A, and
permanent access on Murrieta Hot Springs Road and Butterfield Stage Road, including bridges
on said roads are complete. City stalf, including the Fire Chief, has determined that the
panhandle area can be built out, without impacting the health, life and safety of the residences,
provided these improvements are complete.
Prior to the Planning Commission hearing, staff and the applicant discussed the DA Amendment
at length and arrived at a final agreement. However, during the Planning Commission hearing,
the applicant raised issues of concern regarding the timing of improvements that were not'
previously analyzed or agreed to by staff. Due to the fact that staff had not analyzed or
reviewed the requested changes, the Planning Commission ultimately decided to vote in favor
of the DA Amendment in its current draft form.
Environmental Review
The proposed project will not increase the maximum number of units (2,015) analyzed in the
Final EIR for the Roripaugh Ranch Specific Plan. The proposed project is consistent with the
R:\S P A\2004\04.0371. Roripaugh Ranch-1\CC Staff Report-1.doc
5
project description within the EIR and the project will not significantly change the impacts as
identified in the EIR. Staff has determined that the project is exempt from further environmental
review, per CEQA Guidelines, Section 15162.
RECOMMENDATION
The Planning Commission recornmended approval of the project. The Planning Commission
discussion revolved around off-site improvements, which is the basis for the General Plan
Amendment, content of the Design Guidelines, consistency of the Tentative Tract Map with the
development standards, and the timing of improvements as required in the First Amendment to
the Development Agreement.
The Planning Commission voted 3-0 to approve the project (Commissioners Guerriero and
Mathewson were absent).
ATTACHMENTS:
1. Resolution No. 05-_ General Plan Amendment
Exhibit A - Proposed General Plan Designation
2. Resolution No. 05-_ Specific Plan Amendment
Exhibit A - Specific Plan Amendment
Exhibit B - Conditions of Approval
3. Ordinance No. 05-_ Specific Plan Amendment
Exhibit A - Zoning Standards
4. Resolution No. 05-_ Tentative Tract Map
Exhibit A - Conditions of Approval
5. Ordinance No. 05-_ First Amendment to Developrnent Agreement
Exhibit A - First Amendment to Development Agreement
6. Planning Commission Staff Report (December 15, 2004)
7. Excerpt from Draft Planning Commission Minutes (December 15, 2004
R:\S P A\2004\04.0371. Roripaugh Ranch.1\CC Staff Report.1.doc
6
ATTACHMENT NO.1
CITY COUNCIL RESOLUTION NO 05-_
GENERAL PLAN AMENDMENT
R:\S P A\2004\04-0371, Roripaugh Ranch-1ICC Staff Report-l.doc
7
CC RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A GENERAL PLAN AMENDMENT TO
CHANGE THE LAND USE DESIGNATION OF PLANNING AREA
7B IN THE RORIPAUGH RANCH SPECIFIC PLAN FROM OPEN
SPACE (OS) TO LOW MEDIUM RESIDENTIAL (LM), AND
CHANGE THE LAND USE DESIGNATION OF PLANNING AREA
10 FROM LOW RESIDENTIAL (L) TO LOW-ESTATE
RESIDENTIAL (L-E), LOCATED NEAR THE FUTURE
INTERSECTION OF MURRIETA HOT SPRINGS ROAD AND
POURROY ROAD (PA04-0370).
WHEREAS, On December 17, 2002, the City Council of the City of Temecula adopted
an approved Planning Application PA94-0076 (Environmental Impact Report), PA99-0298
(General Plan Amendment), PA94-0073 (Annexation), PA94-0075 (Specific Plan, Development
Code Amendment, and Specific Plan Zoning Standards), PA94-0075 (Change of Zone), PA99-
0299 (Development Agreement), PA01-0253 (Tentative Tract Map 29661), and PA01-0230
(Tentative Tract Map 29353);
WHEREAS, On May, 26, 2004, Ashby USA, LLC filed Planning Appiication No. PA04-
0370 (the "Application"), in a manner in accord with the City of Temecula General Plan,
Development Code, CEQA Guidelines and California State CEQA Guidelines;
WHEREAS, the Application was processed including, but not limited to public notice, in
the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission considered the Application on December 15,
2004, at duly noticed public hearings as prescribed by law, at which tirne the City staff and
interested persons had an opportunity to, and did testify either in support or opposition to this
matter;
WHEREAS, at the conclusion of the Commission hearings and after due consideration
of the testimony, the Commission recommended approval of the Application subject to and
based upon the findings set forth hereunder;
WHEREAS, the City Council considered the Application on , 2005, at a
duly noticed public hearing as prescribed by law, at which time the City staff and interested
persons had an opportunity to, and did testify either in support or opposition to this matter;
WHEREAS, at the conclusion of the Council hearing and after due consideration of the
testimony, the Council approved the Application, and approved a Notice of Determination, made
all required findings and determinations relative thereto after finding that the project proposed in
the Application conformed to the City of Temecula General Plan as amended;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby
incorporated by reference.
R:\S P A\2004\04-0371, Roripaugh Ranch.1\CC GPA Draft Resolution.doc
1
Section 2. Findings. That the City Council, in approving the Application, hereby
makes the following findings:
Section 17.16.020.E 1-4
A. The proposed amendment is consistent with the direction, goals and policies of
the adopted General Plan.
The proposed amendment is consistent with the direction, goals and policies of the
adopted General Plan because the project site is 2.0 acres and includes a tentative tract
map for future development that is consistent with the surrounding developed areas. In
addition, the project site is within a specific plan in which an EIR has been prepared,
adopted, and certified and the proposed amendment is consistent with the review of the
EIR.
B. The. The proposed amendment will not have an impact on the character of the
surrounding area.
The proposed amendment will not have an impact on the character of the surrounding
area because the project site is surrounded by urban development within City
boundaries. The proposed use will remain residential and is consistent with the
surrounding residential uses.
Section 3. Environmental Compliance. The proposed project is consistent with the
original adopted and certified EIR (PA94-0076) for the project site. CEQA Guidelines Section
15162 states than when an Environmental Impact Report (EIR) has been certified for a project,
no subsequent EIR shall be prepared for that project unless there are substantial changes not
discussed or examined in the EIR. Therefore the City Council, pursuant to Section 15162 of
CEQA Guidelines finds that no additional environmental review is necessary.
Section 4. General Plan Amendment. The City Council of the City of Temecula
hereby approves the Application to amend the General Plan Land Use Map from Open Space
(OS) to Low Medium (LM) Density, Residential for Planning Area 7B of the Roripaugh Ranch
Specific Plan on property located near the future intersection of Murrieta Hot Springs Road and
Pourroy Road.
Section 5. PASSED, APPROVED AND ADOPTED by the City Council of the City of
Temecula this _ day of _2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC/AAE
City Clerk
R:\S P A\2004\04.0371. Roripaugh Ranch.1\CC GPA Draft Resolution.doc
2
[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. 05-_ was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the day of 2005,
by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, CMC/AAE
City Clerk
R:\S P A\2004\04'0371. Roripaugh Ranch.l\CC GPA Draft Resolution.doc
3
EXHIBIT A
PROPOSED GENERAL PLAN DESIGNATION
R:\S P A\2004\04-0371, Roripaugh Ranch-1\ee GPA Draft Resolution.doc
4
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ATTACHMENT NO.2
CITY COUNCIL RESOLUTION NO 05-_
SPECIFIC PLAN AMENDMENT
R:\S P A\2004\04.0371. Roripaugh Ranch.1\CC Staff Report-1.doc
9
CC RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA04-
0371 (SPECIFIC PLAN AMENDMENT) TO CHANGE THE LAND
USE DESIGNATIONS OF PLANNING AREA 7B FROM OPEN
SPACE (OS) TO LOW MEDIUM RESIDENTIAL (LM), CHANGE
THE LAND USE DESIGNATION OF PLANNING AREA 10 FROM
LOW RESIDENTIAL (L) TO LOW-ESTATE RESIDENTIAL (L-E),
MODIFY THE FUEL MODIFICATION ZONE BOUNDARY, ADD
ADDITIONAL DEVELOPMENT STANDARDS FOR
ACCEESSORY STRUCTURES, AMEND THE DESCRIPTION
SUMMARIES OF PLANNING AREAS 1A, 7B, 10, 12, AND 27,
REVISE THE DESIGN GUIDELINES, AND MAKE OTHER MINOR
TEXT CHANGES TO THE RORIPAUGH RANCH SPECIFIC
PLAN (PA04-0371).
WHEREAS, On December 17, 2002, the City Council of the City of Teniecula adopted
an approved Planning Application PA94-0076 (Environmental Impact Report), PA99-0298
(General Plan Arnendment), PA94-0073 (Annexation), PA94-0075 (Specific Plan, Development
Code Amendment, and Specific Plan Zoning Standards), PA94-0075 (Change of Zone), PA99-
0299 (Development Agreement), PA01-0253 (Tentative Tract Map 29661), and PA01-0230
(Tentative Tract Map 29353);
WHEREAS, On May 26, 2004, Ashby USA, LLC filed Planning Application Nos. PA04-
0371 (the "Application"), in a manner in accord with the City of Temecula General Plan,
Development Code, CEQA Guidelines and California State CEQA Guidelines;
WHEREAS, the Application was processed including, but not limited to public notice, in
the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission considered the Application on December 15,
2004, at duly noticed public hearings as prescribed by law, at which time the City staff and
interested persons had an opportunity to, and did testify either in support or opposition to this
matter;
WHEREAS, at the conclusion of the Commission hearings and after due consideration
of the testimony, the Cornmission recommended approval of the Application subject to and
based upon the findings set forth hereunder;
WHEREAS, the City Council considered the Application on , 2005, at a
duly noticed public hearing as prescribed by law, at which time the City staff and interested
persons had an opportunity to, and did testify either in support or opposition to this matter;
WHEREAS, at the conclusion of the Council hearing and after due consideration of the
testimony, the Council approved the Application, approved a Notice of Determination after
finding that the project proposed in the Application conformed to the City of Temecula General
Plan as amended;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
R:\S P A\2004\04.0371. Roripaugh Ranch.l\CC SPA Draft Resolution.doc
1
Section 1. That the above recitations are true and correct and are hereby
incorporated by reference.
Section 2. Findinas. That the City Council, in approving the Application, hereby
makes the following findings as required in Chapter 17.16.020.E of the Temecula Municipal
Code:
A. The Specific Plan amendment is consistent with the General Plan.
The zone change, design guidelines and development standards are consistent with the
related General Plan Amendment for the City of Temecula. The site is physically
suitable for the residential uses that will eventually occur in this area.
Section 3. Environmental Compliance. The proposed project is consistent with the
original adopted and certified EIR (PA94-0076) for the project site. CEQA Guidelines Section
15162 states than when an Environmental Impact Report (EIR) has been certified for a project,
no subsequent EIR shall be prepared for that project unless there are substantial changes not
discussed or examined in the EIR. Therefore the City Council, pursuant to Section 15162 of
CEQA Guidelines finds that no additional environmental review is necessary.
Section 4. Specific Plan. The City Council of the City of Temecula hereby approves
the Specific Plan Amendment known as the Roripaugh Ranch Specific Plan Amendment subject
to the Conditions of Approval included in Exhibit B and as shown on Exhibit A (the Roripaugh
Ranch Specific Plan Amendment No.1), on property locate near the future intersection of
Murrieta Hot Springs Road and Butterfield Stage Road, subject to that attached Conditions of
Approval.
Section 5. Conditions. The City Council of the City of Temecula approves the
Applications for all of the foregoing reasons and subject to the project specific conditions set
forth on Exhibit B, attached hereto, and incorporated herein by this reference together with any
and all other necessary conditions that may be deemed necessary.
Section 6. PASSED, APPROVED AND ADOPTED by the City Council of the City of
Temecula this _ day of _2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC/AAE
City Clerk
[SEAL]
R:\S P A\2004\04.0371, Roripaugh Ranch.1\CC SPA Dratt Resolution.doc
2
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. 05-_ was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the day of 2005,
by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC/AAE
City Clerk
R:\S P A\2004\04.0371. Roripaugh Ranch.1\CC SPA Draft Resolution.doc
3
EXHIBIT A
PROPOSED SPECIFIC PLAN ADDENDUM
R:\S P A\2004\04-0371, Roripaugh Ranch.1\CC SPA Draft Resolution.doc
4
EXHIBIT B
DRAFT CONDITIONS OF APPROVAL
R:\S P A\2004\04-0371, Roripaugh Ranch.1\CC SPA Draft Resolution.doc
5
EXHIBIT B
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA04-0371
Project Description:
An Amendment to the Roripaugh Ranch Specific Plan
DIF:
Per Development Agreement
TUMF:
MSHCP:
Per Development Agreement
Per Development Agreement
Approval Date:
December 15, 2004
Expiration Date:
December 15, 2007
PLANNING DIVISION
Within Forty-Eight (48) Hours of the Approval of this Project
1. The applicanVdeveloper shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of Sixty-four Dollars
($64.00) for the County administrative fee, to enable the City to file the Notice of
Determination as provided under Public Resources Code Section 211 08(b) and
California Code of Regulations Section 15062. If within said forty-eight (48) hour period
the applicanVdeveloper has not delivered to the Planning Department the check as
required above, the approval for the project granted shall be void by reason of failure of
condition (Fish and Game Code Section 711.4(c)).
General Requirements
2. The applicant and owner of the real property subject to this condition shall hereby agree
to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's
own selection from any and all claims, actions, awards, judgments, or proceedings
against the City to attack, set aside, annul, or seek monetary damages resuiting, directly
or indirectly, from any action in furtherance of and the approval of the City, or any
agency or instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning the Planning
Application. The City shall be deemed for purposes of this condition, to include any
agency or instrumentality thereof, or any of its elected or appointed officials, officers,
employees, consultants, contractors, legal counsel, and agents. City shall promptly notify
both the applicant and landowner of any claim, action, or proceeding to which this
condition is applicable and shall further cooperate fully in the defense of the action. The
City reserves the right to take any and all action the City deems to be in the best interest
of the City and its citizens in regards to such defense.
R:\S P A\2004\04-0371, Roripaugh Ranch.1\CC SPA Draft Resolution.doc
6
3. Approval of this Specific Plan is contingent upon and shall not becorne effective nor shall
it vest until a General Plan Amendment (GPA) and Zone Change are approved by the
City Council, and a Notice of Determination or any other environrnental review under the
provisions of the California Environmental Quality Act (CEQA) are approved by the City
Council.
4. The approval granted by this Resolution shall become effective upon the Effective Date
of the First Amendment to the Development Agreement, as the term Effective Date is
defined in the First Amendment of the Development Agreement adopted concurrently
with this Resolution. In addition to the foregoing, in the event an amended Development
Agreement is entered into that supercedes or alters these conditions of approval and the
applicant causes a default or terminates by conduct the amended Development
Agreement, then the City shall immediately consider the revocation of the approval
granted by this Resolution.
5. The applicant shall provide within 30 days of approval by the City Council additional
and/or replace the residential inspiration photos in the Design Guidelines to reflect a high
quality, realistic development, subject to the approval of the Planning Director.
Applicant's Signature
Date
Applicant's Printed Name
R:\S P A\2004\04.0371. Roripaugh Ranch.lICC SPA Draft Resolution.doc
7
ATTACHMENT NO.3
CITY COUNCIL ORDINANCE NO 05-_
SPECIFIC PLAN AMENDMENT
R:IS P A\2004104-0371, Roripaugh Ranch-lICC Staff Report.t.doc
12
CC ORDINANCE NO. 05-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA04-
0371 (SPECIFIC PLAN AMENDMENT) TO AMEND THE
RESIDENTIAL DEVELOPMENT STANDARDS OF THE
RORIPAUGH RANCH SPECIFIC PLAN TO INCLUDE A LOW-
ESTATE ZONE, AND ADD DEVELOPMENT STANDARDS FOR
ACCESSORY STRUCTURES, GARAGES AND ENCROACHMENTS
INTO YARD AREAS (PA04-0371).
WHEREAS, On December 17, 2002, the City Council of the City of Temecula adopted
an approved Planning Application PA94-0076 (Environmental Impact Report), PA99-0298
(General Plan Amendment), PA94-0073 (Annexation), PA94-0075 (Specific Plan, Development
Code Amendment, and Specific Plan Zoning Standards), PA94-0075 (Change of Zone), PA99-
0299 (Development Agreement), PA01-0253 (Tentative Tract Map 29661), and PA01-0230
(Tentative Tract Map 29353);
WHEREAS, On May 26, 2004, Ashby USA, LLC filed Planning Application No. PA04-
0371 (the "Application"), in a manner in accord with the City of Temecula General Plan,
Development Code, CEQA Guidelines and California State CEQA Guidelines;
WHEREAS, the Application was processed including, but not Iirnited to public notice, in
the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission considered the Application on December 15,
2004, at duly noticed public hearings as prescribed by law, at which time the City staff and
interested persons had an opportunity to, and did testify either in support or opposition to this
matter;
WHEREAS, at the conclusion of the Commission hearings and after due consideration
of the testimony, the Commission recommended approval of the Application subject to and
based upon the findings set forth hereunder;
WHEREAS, the City Council considered the Application on , 2005, at a
duly noticed public hearing as prescribed by law, at which time the City staff and interested
persons had an opportunity to, and did testify either in support or opposition to this matter;
WHEREAS, at the conclusion of the Council hearing and after due consideration of the
testimony, the Council approved the Application, approved a Notice of Determination after
finding that the project proposed in the Application conformed to the City of Temecula General
Plan as amended;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby
incorporated by reference.
R:\S P A\2004\04-0371, Roripaugh Ranch.1\CC SPA Draft Ordinance.doc
1
Section 2. Findings. That the City Council, in approving the Application, hereby
makes the following findings as required in Chapter 17.16.020.E of the Temecula Municipal
Code:
Section 17.16.020.E 1-4
A. The Specific Plan amendment is consistent with the general plan.
The zone change, design guidelines, development standards and various clean-up items
are consistent with the related General Plan Amendment for the City of Temecula. The
site is physically suitable for the residential uses that will eventually occur in this area.
Section 3. Environmental Compliance. The proposed project is consistent with the
original adopted and certified EIR (PA94-0076) for the project site. CEQA Guidelines Section
15162 states than when an Environmental Impact Report (EIR) has been certified for a project,
no subsequent EIR shall be prepared for that project unless there are substantial changes not
discussed or examined in the EIR. Therefore the City Council, pursuant to Section 15162 of
CEQA Guidelines finds that no additional environmental review is necessary.
Section 4. Specific Plan. The City Council of the City of Temecula hereby approves
the Specific Plan Amendment known as the Roripaugh Ranch Specific Plan Amendment No. 1
as shown on Exhibit A (the Roripaugh Ranch Specific Plan Amendment No.1, Zoning
Standards), on property locate near the future intersection of Murrieta Hot Springs Road and
Butterfield Stage Road, subject to that attached Conditions of Approval.
Section 5. PASSED, APPROVED AND ADOPTED by the City Council of the City of
Temecula this_ day of_2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC/AAE
City Clerk
[SEAL]
R:\S P A\2004\04-0371, Roripaugh Ranch-l\CC SPA Draft Ordinance.doc
2
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. 2005-_ was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the day of 2005,
by the following vote:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
AYES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, CMC/AAE
City Clerk
R:\S P A\2004\04.0371. Roripaugh Ranch-l\CC SPA Draft Ordinance.doc
3
EXHIBIT A
PROPOSED ZONING STANDARDS
R:\S P A\2004\04.0371, Roripaugh Ranch.1\CC SPA Draft Ordinance.doc
4
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
OVERVIEW
Section V of the Specific Plan Amendment Addendum contains the Amended Specific Plan Zoning
Ordinance. Standards have been added the Low Density Estates (L-E) for Planning Area 10 and allowing
single-family detached units in Planning Areas 12, 14 and 15. Table 5.1 (Schedule of Permitted Uses-
Residential Districts) has been expanded to include the L-E designation. Table 5.2-1 (Accessory Structures
Setbacks) and Table 5.2-2 (Maximum Encroachments into Required Yard Areas) have been added.
5.1 PURPOSE AND INTENT
The zoning for the Specific Plan area is Specific Plan Overlay. This section of the Specific Plan
establishes zoning districts and land use reguhitions and standards that will control land use and
development in the land uses identified for the Specific Plan area. These regulations amend and
supersede the regulations ofthe Temecula Development Code. Where standards and regulations
are not specified in this Specific Plan, the requirements of the Temecula Development Code shall
provide the regulatory authority. This section also identifies the procedures to be used to review site
plans for development projects proposed within the Specific Plan area. Special standards for
residential development are also included here. The Site Planning and Architectural Design
Guidelines in Section 4.0 are intended to be used in conjunction with the zoning and development
standards stated here.
The following standards will serve as the primary mechanism for implementation of the land usesfor
the Roripaugh Ranch Specific Plan: These regulations provide an appropriate amount of flexibility
to anticipate future needs and to achieve compatibility between land uses. Principal land uses for
the Specific Plan shall be as follows: .
1. Residential Land Uses:
. Low Density (L) Single-Family Detached: (PA~, 19, 20, 21, 33A and 33B)
. Low Density Estates (L-E) Single-Family Detached (PA10)
. Low Medium (LM) Density Single-Family Detached: (PA 1A-4B, 16 -18)
. Medium (M1) DenSity Single-Family Detached: (PA 23 and 24)
. Medium (M2) Density Single-Family Detached aREl '!'!lashed slustered: (PA 12, 14; and 15;-
22 and 31) . .
. Medium (M2) Density Attached clustered: (PA 22 and 31)
2. Commercial:
. Neighborhood Commercial: (PA 11)
3. Parks and Open Space:
. Private Recreation Centers (PA 5, 30)
. Private Mini-Park (PA 1 B)
. Parks (PA 6, 27)
. Open Space
. Habitat (051): (PA 8, 9A, 9B, and 13)
. Flood Control (OS2): (PA +8, 7C, 25, 26, and portions of 14 and 27)
. Landscape Slope (053): (PA 7A and portion of 6)
4. Elementary and Middle School: (PA: 28 and 29)
5. Fire Station: (PA 32)
Roripau!:Ih Ranch Specific Plan, Amendment NO.1
37
December. 2004
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
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5.2
GENERAL PROVISIONS
This section of the development regulations states the general rules that must be observed by all
development projects in order to protect the public health, safety and welfare. These regulations
apply to all planning areas within the Roripaugh Ranch Specific Plan, unless otherwise specified.
1. Roripaugh Ranch Site Planning and Architectural Design Guidelines
All development within the Roripaugh Ranch Specific Plan area is subject to the policy
provisions of the Site Planning (Section 4.0) and Architectural Design Guidelines (Section 4.0)
adopted by ordinance of the T emecula City Council. The Design Guidelines in conjunction with
the development standards contained in this Specific Plan and those of the Temecula
Development Code shall regulate development within the Specific Plan area. The Design
Guidelines will be administered through the City of Temecula Planning Department. All
development within the Roripaugh Ranch Specific Plan area shall be subject to the
Development Standards in this section of the Specific Plan.
2. Code Compliance
All construction and development within the RoripaughRanch Specific Plan area shall comply
with applicable provisions of the Specific Plan, the Uniform Building Code and the various
related mechanical, electrical, plumbing and fire codes, water ordinance, grading and
excavation codes and subdivision codes, in effect in the City of Temecula at the time
grading/building permits are obtained.
3. Setback Requirements
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The setback requirements are as specified within the standards identified in the plan for each
zoning district. If not otherwise specified, all setbacks shall be determined as the perpendicular
distance from the existing or planned street right-of-way line or property line, to the foundation
point of the closest structure.
4. Exceptions
If specific development standards have not been established or if an issue, condition or
situation arises or occurs that is not clearly understandable in the Specific Plan, then those
regulations and standards of the City of Temecula Development Code that are applicable for
the most similar use, condition or situation shall apply as determined by the Community
Development Director.
5. Enforcement
Enforcement of the provisions herein shall be in the manner specified in.the Temecula
Municipal Code for zoning enforcement.
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6. Unspecified Uses
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Whenever a use has not specifically been listed as being a permitted use in a particular zone
classification within the Specific Plan, it shall be the duty ofthe Planning Director to determine
if said use is: (1) consistent with the intent of the zone; and (2) compatible with other listed
permitted uses. Any person aggrieved by the decision may appeal to the Planning
Commission.
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Roripaugh Ranch Specific Plan. Amendment NO.1
December, 2004
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
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5.3
RESIDENTIAL DEVELOPMENT STANDARDS
The Roripaugh Ranch Specific Plan provides a mix of diverse housing products, including five
different housing types that fall within three of the City's General Plan residential designations:
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Specific Plan Desianation
Temecula General Plan
Residential Desianation
L (20,000 sq. ft.)
Single-Family (1-2 du/ac)
Low Density Residential
Single-Family (.5-2 dulac)
. L-E (10,000 sq. ft.)
Single-Family (1-2 duJac)
LM (5,000 and 6,000)
Single-Family (2-5 du/ac)
(Min. 5,000 sf lot size)
Low Density Residential
Single-Family (.5-2 dulac)
Low Medium Density Residential
Single-Family (3-6 dulac)
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M1 and M2 (4,000 and NA)
Single-Family (7-12 du/ac)
M1: Min. (standard) 4,000 sf lot size
M2: Min. (clustered) 3,999 sf lot size fer E1etasheEl
M2: Min. (attached) 3,000 sf lot size
Medium Density Residential
Single-Family (7-12 dulac)
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Roripauj:lh Ranch Specific Plan, Amendment NO.1
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December, 2004
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
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5.3.1 DESCRIPTION OF RESIDENTIAL DISTRICTS
LOW DENSITY RESIDENTIAL (L) - PLANNING AREAS NOS. W,19, 20, 21, 33A AND 338
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The Low Density Residential (L) zoning district is intended to provide for the development of single-
family detached homes on large lots with a unique character of development. Typical lot sizes in the
L zoning district will be a minimum of 20,000 square feet with 1 acre minimum lots along the exterior
perimeter of Planning Areas 19, 20,21, and 33A. Private equestrian use will only be allowed on lots
one acre or larger adjacent to the multi-use trail in Planning Areas 19, 20, 21. Planning Area 338
shall not be developed as a part of Roripaugh Ranch. This planning area shall eventually be
combined with the adjacent residential areas to the north.
LOW DENSITY ESTATES RESIDENTIAL (L-E) - PLANNING AREA NO. 10
The Low Density Estates Residential (L-E) zoning district is intended to provide for the
development of single-family detached homes on large lots with a unique character of
development. Typical lot sizes in the L-E zoning district will be a minimum of 10,000 square
feet.
LOW MEDIUM DENSITY (LM) - PLANNING AREAS NOS.1A, 2, 3, 4A, 48,16,17 and 18
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The Low Medium (LM) zoning district is intended to provide for the development of single-family
homes on lots of 5,000 square feet to 6,000 square feet. Planning Areas 1, 2, 3, 4A, 48, and 16
shall have a minimum lot size of 5,000 sq. ft. Planning Areas 17 and 16 shall have a minimum lot
size of 6,000 sq. ft.
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MEDIUM DENSITY - STANDARD (M1) - PLANNING AREAS NOS. 23 AND 24
The Medium (M) zoning district is intended to provide for the development of single-family homes on
lots 4,000 minimum square feet.
MEDIUM DENSITY - DETACHED OR CLUSTERED (M2) - PLANNING AREAS NOS. 12, 14, 15,22
AND 31
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The Medium (M) zoning district is intended to provide for the development of detached or clustered
single-family development on minimum lot sizes of 3,000 sq. ft. Planning Areas 12, 14 and 15 will
be allowed to have the option of clustered or detached units. Planning Areas 22 and 31 shall
contain clustered units.
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Roripau!1h Ranch Specific Plan. Amendment No.1
December, 2004
SECTION V
SPECIFIC PLAN ZONING ORDINANCE
5.3.2
USE REGULATIONS
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The list of land uses in the following table shall be permitted in one or more ofthe residential zoning
districts as indicated in the columns corresponding to each residential zoning district. Where
indicated with a letter "p., the use shall be a permitted use. Where indicated with a "-", the use is
prohibited within the zone. Where indicated with a letter "C., the use shall be conditionally permitted
subject to approval of a conditional use permit.
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Table 5.1 ,
Schedule of Permitted Uses - Residential Districts
Description of Use L L-E LM M1 M2
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Single-family detached P P P P p.
Single-family attached - - - - p
Single-family zero lot fine '. p p
- - -
Single-family attached greater than two units - - - - -
Multiple family - - - - -
Manufactured homes P P P P P
Mobilehome park - - - - -
Faciiities for the mentally disordered, handicapped, or dependent P P P P P
or neglected children (six or fewer)
Facilities for the mentally disordered, handicapped, or dependent - - - - -
or neglected children (seven to twelve)
Alcoholism or drug abuse recovery or treatment facility (six or P P P P P
fewer)
Alcoholism or drug abuse recovery or treatment facility (seven or - - - - -
more)
Residential care facilities for the elderly (six or fewer) P P P P P
Residential care facilities for the elderly (seven or more) - - - - -
Congregate care residential facilities for the elderly - - - - -
Boarding, rooming and lodging facilities - - - - -
Secondary dwelling units as defined by City Development Code P P P - -
Granny Flat P P P - -
Family day care homes-small (four or fewer) P P P P p,
Family day care homes-large' C C C - -
Day care centers C C C - -
Bed and breakfast establishments - - - - -
Emergency shellers - - - - -
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Roripaugh Ranch Specific Plan, Amendment No.1
December, 2004
SECTION V
SPECIFIC PLAN ZONING ORDINANCE
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Description of Use L L-E LM M1 M2
Transitional housing - - - - -
Nonresidential
Agricu~urallopen space uses - - - - -
Religious institutions' C C C C C
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Utility facilities C C C C C
Educational institutions - - - - -
Public libraries - - .- - -
Public museums and art gaileries (not for profit) - - - - -
Kennels and catteries - - - - -
Non commercial keeping of horses P. P - - -
Temporary real estate tract offices P P P P P
Recreational Vehicle Storage Yards - - - - -
Parking for commercial uses - - - - -
Nonprofit clubs and lodge halls - - - - -
Convalescent facilities - - - - -
Go~ Courses - - - - -
Home occupations p P P P P
Construction Trailers' P P P P P
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A CUP processed for large family day care homes is subject to Hea~h and Safety Code Section 1597.46(a)(3). In
accordan~ therewith,.nqtice of the application being filed shall be malted to surrounding property Owners within one hundred
feet only and the notice shall indicate that unless a request for a hearing is made by such surrounding property owner or
other "affected person". the CUP will Issue within twenty days of the notice. If a hearing Is requested, the planning
department shall schedule such hearing within thirty days of the request and the hearing shall be held within thirty days of
being scheduled.
Allowed only within a single-family residence. .
The Planning Director shall have the discretion to waive submittal of an Administrcltive Development Plan if it Is determined
that the construction trailer will not have an adverse impact on adjacent residences or businesses.
The keeping of horses shall ontybe permitted in Planning Areas 19, 20 and 21 on lots abutting the multi-use trail. No more
than two (2) horses and one (1) offspring up to six (6) months of age may be kept on each one acre lot. All horses shall be
kept in a stalVcoral (12' x 12' for each horse) located a minimum distance of fifty (SO) feet from neighboring dwellings, ten
(10) feet from the main dwelling on the lot and ten (10) feet from the side or rear property line.
ReligioUs Ins!nullons shall not be permitted in Planning Areas lA, 2, 3, 4A and 48.
Planning Areas 12, 14 and 15 will be allowed to have the option of clustered or detached units. Planning Areas 22.
and 31 shall contain clustered units.
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Roripaugh Ranch Specific Plan. Amendment No.1
December, 2004
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
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I : 5.3.3 DEVELOPMENT STANDARDS
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In the Low (L), Low Estates (L-E) Low Medium (LM) and Medium (M) Zones are as follows:
Table 5.2
Development Standards - Residential Districts
Residential Development L L-E LM LM M1 M2
Standards 20,000 10,000 5,000 6,000 4,000
(Minimum Lot Size in Feetl
Planning Area 40,-19, 20, 10 1A, 2, 3, 17 and 18 23 and 24 12, 14, 15,
21,33A 4A, 48 22 and 31
and 338 and 16
Minimum gross lot area (square 20,000 10,000 5,000 6,000 4,000 3,000
feet) 1 acre.
0' Lots in PA 19, 20 and 21 that
abut eastern and southern
property boundary shall be a
minimum of 1 acre. Thirty(30)foot
fuel modification zone shall not be
included in lot area. Lots along the
western perimeter of PA 33A &
338 shall be a minimum of 1 acre.
Dwelling units per net acre 1.2 dulac 1.7 dulac 5.2 dulac 4.0 dulac 6.1 dulac 10.1 dulac
Mini~~ lot frontage at front 30 ft 25ft. 25ft. 25 ft 25ft NA
ora De line
Minimum lot frontage for a flag lot 25ft: 20ft. 20ft 20ft 20ft NA
at front property line
Minimum width at reqUired front 50 ft 40ft. 40ft 40ft 40ft NA
vard setback area
Minimum lot width 60ft' SOft. 40ft 40ft 40ft 40 ft
, The lot width for both 20,000
sq. ft. lots and 1 acre lots shall be
substantially the same.
Minimum lot depth .90 ft 80ft. 80ft 80 ft 80ft. NA >'.,
Minimum front yard setback 25ft. 20ft. 10ft 10 ft 10 ft 10ft
- Front entry 18ft. 18ft. 18ft. 18 ft 18ft. 18 ft
- Side entry garages 10 ft 10 ft. 10 ft 10 ft 10 ft 10 It
. Lots abutting Murrieta Hot
Springs between Pourroy Rd.
and the MWD easement may be
reduced by three (3) feet.
Millim~m corner side yard 15 ft. 15 ft. 15 ft 15 ft. 15ft. 15ft.
'se ac
Note: Setbacks for structures located adjacent to the Fuel Modification
Zones shall be determined at the Tentative Map stage, based on the
criteria provided by the City Fire and Planning Departments.
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Roripaugh Ranch Specific Plan, Amendment NO.1
December, 2004
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
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Residential Development L L-E LM LM Ml M2
Standards 20,000 10,000 .5,000 6,000 (Standard) (Clustered)
(Minimum Lot Size In Feel) 4,000
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Planning Area 40; 19, 20, 10 1,2,3,4A, 17 and 18 23 and 24 12,14, is,
21,33A 48 and 16 22 and 31
and 338 .
"Minimum interior side yard 10ft. 10 ft 5ft. 5ft. 5ft. 3ft.
setback
Minimum rear yard setback 20ft. 20ft 20ft. 20ft. 15ft. . 15ft. front
- Setbacks for lots abutting - - 25ft. - - loaded
Planning Area 7 A along the garage
soutl1ernproperty line shall have
a 25' minimum rear yard setback.
- Lots abutting Multi-use trail in - - -
PA 19, 20 and21. 5ft. rear
- Setbacks for lots abutting 50ft
Murrieta Hot Springs between . 50ft. loaded
Pounoy Rd. and the MWD garage
easement may be reduced by
staff by three (3) feet
Minimum Rear Yard Setbacks-
- Deep Recessed Sft Sft Sft 5ft Sft Sft
- Rear Access - - 3ft 3ft 3ft 3ft
Maximum height 2 stories, 2 stories, 2 stories, 2~ 2 ~ stories, 2 Y, stories,
35 feet 3S feet 35 feet stories, 35 35 feet 35 feet
. feet
Maximum percentage of lot 50% 50% 60% 60% 60% 60%
coyerage
Minimum Garage Size (interior 20' x 20' 20' x 20' 20' x 20' 20' x 20' 20' x 20' 20' x 20'
space) ...
.. Fireplaces may project not more than two (2) feet into the side yard setback provided the width of the fireplace does not exceed eight (8) feet
in width.
Note: Setbacks for structures located adjacent to the Fuel Modification
Zones shall be determined at the Tentative Map stage, based on the
criteria provided by the City Fire and Planning Departments.
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Roripaugh Ranch Specific Plan, Amendment No.1
December, 2004
SECTION V
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5.3.4
SPECIFIC PLAN ZONING ORDINANCE
ACCESSORY STRUCTURE DEVELOPMENT STANDARDS
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The following development standards shall apply to all residential developments in all of the residential
districts within the Specific Plan. In the event of a discrepancy or ambiguity of these standards, the
Director of Planning shall have the authority to determine the appropriate standard on a case-by-<:ase
basis.
Table 5.2-1
Accessory Structures Setbacks
II Rear II Side
Minimum Distance to Rear Minimum Distance to Side
Property Line Property Line 1
Refer to the rear yard Refer to the side yard
setbacks in Table 17,06.040 setbacks In Table 17.06.040
of the Temecula Development of the Temecula Development.
Code Code
Refer to the rear yard Refer to the side yard
setbacks in Table 17.06.040 setbacks in Table. 17.06.040
of the Temecula Development of the Temecula Development
Code Code
5 ft. min. but n'o less than 151
ft.from
centerline of alley
3ft. I
Storage/utility
Enclosure
Iswlmming pool"
Swimming J""'I
Equipment
Ispa
IAntennas
Gazebo/garden
structure
Isolar collector I
IDecks II
Patio covers 'I
measured at
vertical supports
IRoof deck II Must meet district standards
1. On a corner lo~ accessory structures are not permitted unless otherwise noted above.
2. Accessory structures with walls must be separated from other accessory and primary structures by at least
six feet
3. Second units and granny flats that are attached to the main structure shall comply with the setback and yard
requirements contained in Table 5.2.
4. Not permitted In the M1 and M2 zones.
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Front
Minimum Distance to Front
Property Line
Not permitted in the actual
!.ront yard .
Accessory
Structure
Detached second
unie.4
Detached granny
flat"
Not permitted In the actual
front yard
Garage
20 ft. 0 in. (Entrance faces
street)
10 ft. 0 in. (If Entrance from
side not facing front yard)
Not permitted
L
Not permitted
Not permitted
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Not permitted
Not permitted
Not permitted
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Not permitted in front yard
Not permitted
15ft.
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5ft. min.
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3ft.
5ft.
3ft.
5ft.
3ft.
3ft.
5ft.
5ft.
3ft.
5ft.
5 ft. (10 ft. if a corner lot)
3ft. 0 in.
3ft. 0 in.
5ft.mln.
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5ft.min.
5ft. min.
5ft. min.
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Note: Setbacks for structures located adjacent to the Fuel Modification
Zones shall be determined at the Tentative Map stage, based on the
criteria provided by the City Fire and Planning Departments.
Roripau!1h Ranch Specific Plan, Amendment No~1
45
December, 2004
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
5.3.5 YARD ENCROACHMENT DEVELOPMENT STANDARDS
The following development standards shall apply to all residential developments in all of the residential
districts within the Specific Plan. In the event of a discrepancy or ambiguity of these standards, the
Director of Planning shall have the authority to determine the appropriate standard on a case-by-<:ase
basis.
Table 5.2-2
Maximum Encroachments into Required Yard Areas
I \1 Maximum Encroachments into \
Yard Area
Item Front II Rear II Side'
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Architectural features (such as wall projections, I 2ft 1\ 2ft 1\ 2ft I
eaves, overhangs, extensions, decorative materials
and artwork).
Awning or canopy (with no vertical supports) 4ft 0 in. 4ftOln. 3ftOin.
Awning or canopy (with vertical supports measured 6ftOin. 6ftOin. 3 ft 0 In.
at vertical
supports).
IBalconies or stairways 3ft6in. II 3ft6in. II 3ft. 6 in. I
IBay windows 2ft6in. II 2ft6in.. II 2ft6in. I
[Chimneys and air conditioning units 2ftOin. II 2ft6in. II 2ft6in. J
[porch 6ftOin. II 3ft.O in. II 3ftOin. 1
[Stairway landings II 6ftOin. II 6ftOin. II 3ft 6 in. I
1. Ona corner lo~ projections permitted in a front yard setback also apply to a street side yard.
2. The deck and its railing shall not exceed the building height limit for the applicable zoning district
Note: Setbacks for structures located adjacent to the Fuel Modification
Zones shall be determined at the Tentative Map stage, based on the
criteria provided by the City Fire and Planning Departments.
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Roripaugh Ranch Specific Plan, Amendment No.1
December, 2004
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
5.4
NEIGHBORHOOD COMMERCIAL (PLANNING AREA 11)
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5.4.1
DESCRIPTION OF NEIGHBORHOOD COMMERCIAL
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Neighborhood Commercial (Planning Area No. 11), will indude a variety of different types of land uses. Uses within
this planning area include smaller-scale business activities which generally provide retafl andlor convenience
services for residents within Roripaugh Ranch. The following are site planning guidelines relating to Planning Area
NO.11.
5.4.2
USE REGULATIONS
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The list of land uses in the following table shall be permitted in the neighborhood commercial zoning disbicl. Where
indicated with a letter "P", the use shall be a permitted use. Where indicated With a "-", the use is prohibited within
the zone. Where indicated with a letter "C", the use shall be conditionally permitted subject to approval of a
conditional use permit .
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Table 5-3
Schedule of Permitted Uses - Neighborhood Commercial Center (PA-11)
Description of Use NC
A
Adutt business subject to Chapter 5.08 of the Temecula Municipal Code . -
Aerobicsldancelgymnasticsljazzercise/martial arts studios (less than 5,000 sq. It P
Aerobicsldancelgymnasticsljazzerciselmartial arts studios (greater than 5,000 sq. It P
Alcoholism or drug treatment facilities -
Alcohol and drug treatment (ou1patient) -
Alcoholic beverage sales C
Ambulance services . -
Animal hospitaVshetter -
.
Antique restoration -
Antique sales (Less than 5,000 sq. It) P
Apparel and accessory shops P
. Appliance sales and repairs (household and small appliances) P
Arcades (pinball and video games) -
Art supply stores 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 repair services -
Automobile rental -
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Roripaugh Ranch Specific Plan, Amendment NO.1
December, 2004
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
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Automobile painting and body shop
Automobile service stations with alcoholic sales .
Automotive service stations (not selling beer and/or wine) with or without an automated P
car wash
Automobile parts-sales C
Automobile oil changeAube services with no major repair C
B
Bakery goods distribution .
Bakery retail p
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Bakery Wholesale -
Banks and financial institutions P .
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Barber and beauty shops P
.
Bed and breakfast -
Bicycle (sales, rentals, services) P
Billiard partor/poolhall -
Binding of books and similar publications -
Blood bank P
Blueprint and duplicating and copy services P
Bookstores P
Building materials sales (with the exterior storage/sales areas greater than 50 percent of -
total sales area)
Building materials sales (with the exterior storage/sales areas greater than 50 percent of -
total sales area)
Butcher shop P
C
Cabinet shop . -
Cabinet shops under 20,000 sq. ft.- no outdoor storage -
Camera shop (sales/minor repairs) P
Candy/confectionery sales P
Car wash, full service/self service -
Carpet and rug cleaning -
Catering services P
Clothing sales P
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RortpauQh Ranch Specific Plan, Amendment No.1
December, 2004
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
Coins, purchase and sales p
Communications and microwave installations 1 .
Communications equipment sales 1 C
. C
Community care facilities
Computer sales and services p
Congregate care housing for the elderly 2 C
Construction equipment sales, services or rental -
Contractor's equipment, sales, service or rental -
Convenience market -
Costume rentals . p
Crematoriums . .
CuUery p
0 .
Data processing equipment and systems -
Day care centers p
Delicatessen p
DiscounVdepartment store p
Distribution facility -
Drug store/pharmacy p
Dry cleaners p
Dry cleaning plant .
E .
Emergency she~er -
-:-
Equipment sales and rentals (no outdoor storage) p
Equipment sales and rentais (outdoor storage) -
F
Feed and grain sales -
.
Financial, insurance, real estate offices p
Fire and police stations p
Floor covering sales p
Florist shop P
Food processing -
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Roripaugh Ranch Specific Plan, Amendment No.1
December, 2004
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
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. Fortunetelling, spiriluafism, or similar activity p
F reightterminals -
Fuel storage and distribution -
Funeral parlors, mortuary -
. .
Furn~ure sales (Less than 10,000 sq. Il) p
Furniture transfer and storage -
G
Garden supplies and equipment sales and service -
Gas distribution, meter and control station -
General merchandise/retail stores less than 10,000 sq. Il p
Glass and mirrors, retail sales p
Government offices p
Grocery store, retail p
Grocery store, wholesale -
Guns and firearm sales . -
H
Hardware stores p
Health and exercise club p
Health food store p
Hea~h care facility p
Heliport -
Hobby supply shop p
Home and business maintenance service -
Hospitals -
Hotels/motels -
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Ice cream parlor p
Impound yard -
Interior decorating service P
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Junk or salvage yard I -
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Roripaugh Ranch Specific Plan, Amendment No.1
December, 2004
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
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laboratories, film, medical, research or testing centers -
laundromat p
laundry service (commercial) -
Libraries, museums, and galleries (private) C
Liquid petroleum, sales and distribution -
Liquor stores C
Lithographic service . -
locksmith . P
M
Machine shop -
Machinery storage yard -
Mail order business P
Manufacturing of products similar to, but not lim~ed to the following:
Custom-made product, processing, assembling, packaging, and fabrication of goods, within
enclosed building (no outside storage), such as jewelry, furniture, art objects, c1othing,labor
intensive manufacturing, assembling, and repair processes which do nor 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 -
~ems. Wholesaling, storage, and warehousing within enclosed building, freight handling,
shipping, truck services and terminals, storage and wholesaling from the premises of
unrefined, raw or sem~refined products requiring further processing and manufacturing, and
outside storage.
Uses under 20,000 sq. ft. with no outside storage
Massage 3 P
Medical equipment sales/rental P
Membership clubs, organizations, lodges . C
Min~storage or mini-warehouse facilities -
Mobilehome sales and services -
Motion picture studio -
Motorcycle sales and service -
Movie theaters C
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Roripau~h Ranch Specific Plan, Amendment No.1
December I 2004
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
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. Musical and recording studio -
N
Nightclubsltaverns/barsldance clublleen club -
Nurseries (retail) -
Nursing homes/convalescent homes C
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Office equipment supplies, sales/services P
Offices, administrative or corporate headquarters with greater than 50,000 sq. ft. -
Offices, professional services with less than 50,000 sq. ft., but not lim~ed to, business law, P
medical, dental, veterinarian, chiropractic, arcMectural, engineering, real estate,
insurance
p .
Paint and wallpaper stores P
Parcel delivery services -
Parking lots and parking structures C
Pawnshop . -
Personal service shops P
-
Pest control services
Pet grooming/pet shop P
Photographic studio P
Plumbing supply yard (enclosed or unenclosed) " -
Postal distribution -
Postal services P
Printing and publishing (newspapers, periodicals, books, etc.,) -
Private utility facilities (Regulated by the Public Utilities Commission) P
Q
Reserved -
R
Radio and broadcasting studios, offices -
Radioltelevision transmitter .
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Roripaugh Ranch Specific Plan, Amendment No.1
December, 2004
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
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Recreational vehicle parks -
Recreational vehicle sales -
Recreational vehicle, trailer, and boat storage within an enclosed building -
Recycilng collection facilities p
-c- -
Recycling processing facilities
. .
Religious institution, without a daycare or private school C
Religious institution, with a private school C
Religious institution, with a daycare . C
Restaurant, drive-in/fast food C
Restaurants and other eating establishments p
Restaurants with lounge or live entertainment .c
Rooming and boarding houses -
S
Scale, public
-
Schools, business and professional C
Schools, private (kindergarten through Grade 12) C
.
Scientific research and development offices and laboratories -
Solid waste disposal facility -
Sports and recreational facilities C
Swap meet; entirely inside a permanent building -
Swap meet, outdoor -
Swimming pool supplies/equipment sales p
T
Tailor shop p
Taxi or limousine service -
Tire sales -
Tobacco shOp p
Tool and die casting -
Transfer, moving and storage -
Transportation terminals and stations C
Truck sales/rentals/service -
TYNCR repair p
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Roripaugh Ranch Specific Plan, Amendment No.1
December, 2004
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
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Upholstety shop -
V
Vending machine sales and services . -
W .
Warehousing/distribution -
Watch repair . p
Wedding chapels -
Welding shop -
Welding supply and service (enclosed) -
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Reserved -
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Reserved -
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1. Subject to the provisions contained in Section 17.40 of the City of Temecula Development Code.
2. Subject to the provisions contained in Section 17.06.050.H of the City of Temecula Development Code.
3. Subject to the provisions contained in Section 5.22 of the City of Temecula Municipal Code.
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Roripaugh Ranch Specific Plan, Amendment No.1
December, 2004
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
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5.4.3
DEVELOPMENT STANDARDS
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The fOllowing standards of development shall apply in the Neighborhood Commercial:
Table 54
Development Standards - Neighborhood Commercial
(Commercial Uses - PA 11)
Minimum gross area for site 2 acres for common lot centers,
30,000 squafe feet for single lots
Target floor area ratio .3
Maximum floor area ratio with intensity bonus as per Section 17.08.050 .50
Front yard adjacent to street
- Butterfield Stage. RoadlMurrieta Hot Springs Road 20 feet structure & parking
- "A- and -B" Street 20 feet, structure & parking
Yard adjacent to residentially zoned property 25 feet, structure & parking
Accessol}' structure side/rear yard setback . 10 feet
Minimum building separation:
- One stOI}': 10 feet
- Two stories: 15 feet
w Three stories or more: 20 feet
Maximum building height 50 feet
Maximum percent of lot coverage 30%
Minimum required landscaped open space 20%
Fence, wall or hedge screening outdoor storage maximum height 6 feet
Minimum building setiback separation:
- Two stories: 15 feet
- Three stories or more: . 20 feet
55
Roripaugh Ranch Specific Plan, Amendment No.1
December, 2004
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
5.5 PARKS AND OPEN SPACE (Planning Areas Nos.1B, 5, 6, 7A,+B; 7C,8, 9A, 9B, 13,27, 25, 26 and
30)
5.5.1 DESCRIPTION OF PARKS AND OPEN SPACE
Parks (P) and Open Space (OS) zoning district is intended to promote a wide range of public and
private recreational uses in the community. These uses include community facilities, golf courses,
health clubs, public parks and recreation areas, sports parks, or other outdoor athletic facilities and
similar outdoor commercial recreational uses.
5.5.2 USE REGULATIONS
The list of land uses in the following table shall be permitted in one or more of the park and open
space zoning district as indicated in the columns corresponding to each zoning district. Where
indicated with a letter "P', the use shall be a permitted use. Where indicated with a "-", the Use is
prohibited within the zone. Where indicated with a letter "C', the use shall be conditionally permitted
subject to approval of a conditional use permit.
~
Table 5-5
Schedule of Permitted Uses - Parks and Recreational Uses
Schedule of Uses P P OS, OS. OS,
(Private) (Public)
Planning Area 1B,5 6 and 27 8,9A, +B; 7C, Portions
and 30 9B,and 25 and of 6 and
13, 26 7A
Agricu~ural Uses - - - - -
Athletic Field . P P - - -
Bicycle paths . P P - P P
Campground - - - - -
Caretakers quarters - - - - -
Cemeteries, mausoleums and related uses - - - - - .
Game courts, badminton, tennis, racquetiball P P - - -
Goff driving range not part of a goff course
- - - - -
Golf course and clubhouse P P
- - -
Government and pUblic utility facilities C C P P
-
Gymnasium P P
- - -
Microwave antennaltower'
- - - - -
'Nature centers/exhibits
- - - - -
Nurseries
- - - - -
Group Picnic Facilities P P - - -
Roripau.Qh Ranch Specific Plan, Amendment No.1
56
December, 2004
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
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Private parks and recreation facilities P P - P P
Parking areas P P - - -
Public parks and recreational facilities P P - P P
Recreational vehicle park -
- - - -
Riding stable, public or private - -
- - -
Shooting galleries, ranges, archeI}' courses - - - - -
Single-family dwellings - -
- - -
Tree Farms
- - - - -
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1. See Zoning Appendix of Development Code 17.40 for antenna information_
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Roripaugh Ranch Specific Plan, Amendment NO.1
December, 2004
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
5.5.3 DEVELOPMENT STANDARDS
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In the Parks and Open Space districts development standards are as follows:
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Development Standards - Parks and Open Space Standards
Development Standards P OS
Planning Area 1B, 5, 6, 27 and 7 A, 7B;- 7C, 8,
31 9A, 9B, 13, 25
alld26
Minimum lot size 10,000 sq. ft. -
Maximum lot coverage 25% -
Maximum height 35 feet' -
Floor area ratio _1 -
Setback for parking areas and structure!> 25 feet -
Minimum open spacellandscaping 75% . 100%
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1. Excludes light poles and communication facillties.
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RoriP8Ugh Ranch Specific Plan, Amendment No.1
December, 2004
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
. 5.6 PUBUCnNSmUTlONAL DISTRICTS (PLANNING AREAS 28 AND 29)
5.6.1 DESCRIPTION OF SCHOOL DISTRICT AND PUBUC INSmUTlONAL DISTRICT
[-I
The purpose of this district is to facilitate the construction of an Elementary School site and Middle
School site. Planning Afea 28 will be developed as a Middle School site and Planning Area 29 will
be developed as an Elementary School site.
5.6.2
USE REGULATIONS
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Planning Areas 28 and 29 shall only be designated to be used as a Middle School site and an
Elementary School site, fespectively.
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Roripaugh Ranch Specific Plan, Amendment NO.1
December, 2004
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
5.7 PUBUC INSmUTlONAL (PLANNING AREA 32)
5.7.1 DESCRIPTION OF PUBUC INSTITUTIONAL (FIRE STATION)
The purpose of this district is to facilitate construction of public and quasi-public uses in appropriate
areas of the city. Planning Area 32 will be developed as a fife station on a 1.S-acre site.
5.7.2 USE REGULATIONS
[ ! Planning Area 32 shall only be designated as a Fire Station.
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Roripaugh Ranch Specific Plan, Amendment NO.1
60
December, 2004
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
. 5.8 PARKING REQUIREMENTS
Refer to Chapter 17.24 of the City Development Code for parking fequirements.
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61
Roripaugh Ranch Specific Plan, Amendment NO.1
December I 2004
ATTACHMENT NO.4
CITY COUNCIL RESOLUTION NO 05-_
TENTATIVE PARCEL MAP
R:\S P A\2004\04-0371, Roripaugh Ranch-lICC Staff Report-1.doc
14
CC RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA04-
0369 (TENTATIVE TRACT MAP 32004) TO CREATE 6
ADDITIONAL LOTS AND MODIFY THE CONFIGURATION OF A
TOTAL OF 18 LOTS IN PLANING AREA 1A TO
ACCOMMODATE THE EXTENSION OF A CUL-DE-SAC,
LOCATED NEAR THE INTERSECTION OF MURRIETA HOT
SPRINGS ROAD AND POURROY ROAD (PA04-0369).
WHEREAS, On December 17, 2002, the City Council of the City of Temecula adopted
an approved Planning Application PA94-0076 (Environmental Impact Report), PA99-0298
(General Plan Amendment), PA94-0073 (Annexation), PA94-0075 (Specific Plan, Development
Code Amendment, and Specific Plan Zoning Standards), PA94-0075 (Change of Zone), PA99-
0299 (Development Agreement), PA01-0253 (Tentative Tract Map 29661), and PA01-0230
(Tentative Tract Map 29353);
WHEREAS, Ashby USA, LLC filed Planning Application Nos. PA04-0369 (the
"Application"), in a manner in accord with the City of Temecula General Plan, Development
Code, CEQA Guidelines and California State CEQA Guidelines;
WHEREAS, the Application was processed including, but not limited to public notice, in
the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission considered the Application on December 15,
2004, at duly noticed public hearings as prescribed by law, at which time the City staff and
interested persons had an opportunity to, and did testify either in support or opposition to this
matter;
WHEREAS, at the conclusion of the Commission hearings and after due consideration
of the testimony, the Commission recommended approval of the Application subject to and
based upon the findings set forth hereunder;
WHEREAS, the City Council cons ide fed the Application on , 2005, at a
duly noticed public hearing as pfescribed by law, at which time the City staff and interested
persons had an opportunity to, and did testify either in support or opposition to this matter;
WHEREAS, at the conclusion of the Council hearing and after due consideration of the
testimony, the Council approved the Application, and approved a Notice of Determination, made
all required findings and determinations relative thereto after finding that the project proposed in
the Application conformed to the City of Temecula General Plan as amended;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby
incorporated by reference.
Section 2. Findings. That the City Council, in approving the Application, hereby
makes the following findings as required in Chapter 17.16 of the Temecula Municipal Code:
R:\S P A\2004\04-0371, Roripaugh Ranch-1\CC TPM Dratt Resolution.doc
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A. The proposed subdivision and the design and improvements of the subdivision
are consistent with the Development Code, General Plan and the City of Temecula Municipal
Code.
Tentative Tract Map No. 32004 is consistent with the General Plan, the Subdivision
Ordinance, the Development Code, Municipal Code and the related General Plan
Amendment because the project has been designed in a manner that it is consistent
with the policies and standards in the General Plan, Subdivision Ordinance,
Development Code, Municipal Code and related General Plan Amendment.
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.
The proposed land division is not land designated for conservation or agricultural use
and has never been entered into any Williamson Act Contracts.
C. The site is physically suitable for the type and proposed density of development
proposed by the tentative map.
The project consists of an 18-lot Tentative Tract Map on property designated for
residential uses, which is consistent with the related General Plan Amendment, as well
as, the development standards of the Specific Plan.
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.
The project site does not currently include a creek, wetlands, or habitat subject to
environmental review. The project site has been disturbed and is not considered to
contain critical habitat. The project consists of a Tract Map on property designated for
residential uses, which is consistent with the related General Plan Amendment, as well
as the development standards of the Specific Plan. The project has been reviewed
subject to CEQA and has been determined to be exempt subject to CEQA Section
15162. An EIR has been prepared, adopted and certified for the project site and the
Tentative Tract Map is consistent with the project description of the certified EIR.
E. The design of the subdivision and the type of improvements are not likely to
cause serious public health problems.
The project has been reviewed and commented on by the Fire Safety Division and the
Building Safety Division. As a result, the project will be conditioned to address their
concerns. Further, provisions are made in the General Plan, Development Code and
Specific Plan to ensure that the public health, safety and welfare are safeguarded. The
project is consistent with these documents.
F. The design of the subdivision provides for future passive or natural heating or
cooling opportunities in the subdivision to the extent feasible.
The design of the subdivision provides for future passive or natural heating or cooling
opportunities in the subdivision to the extent feasible. Prior to the construction of any
structures the applicant will be required to submit building plans to the Building
R:\S P A\2004\04-0371, Roripaugh Ranch.1\CC TPM Dratt Resolution.doc
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Department that 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.
All required rights-of-way and easements have been provided on the Tentative Tract
Map. The Public Works Department and Community Services District have reviewed the
proposed division of land and adequate conditions and/or modifications have been made
to the Tentative Tract Map.
H.
(Quimby).
The subdivision is consistent with the City's parkland dedication requirements
The proposed project is within an approved specific plan area. The specific plan was
designed and analyzed for a maximum of 2,015 residential units and parkland has been
dedicated using this number. The proposed project will not exceed the maximum
number of units in the specific plan area and is therefore consistent with Quimby.
Section 3. Environmental Compliance. The proposed project is consistent with the
original adopted and certified EIR (PA94-0076) for the project site. CEQA Guidelines Section
15162 states than when an Environmental Impact Report (EIR) has been certified for a project,
no subsequent EIR shall be prepared for that project unless there are substantial changes not
discussed or examined in the EIR. Therefore the City Council, pursuant to Section 15162 of
CEQA Guidelines finds that no additional environmental review is necessary.
Section 4. Approval. The City Council of the City of Temecula hereby approves
PA04-0369, Tentative Tract Map 32004 to create an additional 6 lots and modify a total of 18
lots in Planning Area 1 A, on property located near the future intersection of Murrieta Hot Springs
Road and Pourroy Road.
Section 5. Conditions. The City Council of the City of Temecula approves the
Applications for all of the foregoing reasons and subject to the project specific conditions set
forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any
and all other necessary conditions that may be deemed necessary.
Section 6. PASSED, APPROVED AND ADOPTED by the City Council of the City of
Temecula this _ day of _-2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC/AAE
City Clerk
[SEAL]
R:IS P A\2004104-0371, Roripaugh Ranch-llCC TPM Dratt Resolution.doc
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that
Resolution No. 2005-_ was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the day of 2005,
by the following vote:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
AYES:
ABSENT:
ABSTAIN:
Susan W. Jones, CMC/AAE
City Clerk
R:\S P A\2004\04-0371, Roripaugh Ranch-1\CC TPM Draft Resolution.doc
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EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP 32004
R:\S P A\2004\04-0371, Roripaugh Ranch-1\CC TPM Draft Resolution.doc
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EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA04-0369
Project Description:
A Tentative Tract Map (TIM 32004) to subdivide 2.0
acres into 6 new parcels and modify a total of 18 lots
in Planning Area 1A of the Roripaugh Ranch Specific
Plan.
DIF:
Per Development Agreement
TUMF:
Per Development Agreement
MSHCP:
Per Development Agreement
Approval Date:
,2005
,2008
Expiration Date:
PLANNING DIVISION
Within Forty-Eight (48) Hours of the Approval of this Project
1. The applicanVdeveloper shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of Sixty-four Dollars
($64.00) for the County administrative fee, to enable the City to file the Notice of
Determination as provided under Public Resources Code Section 21108(b) and
California Code of Regulations Section 15062. If within said forty-eight (48) hour period
the applicanVdeveloper has not delivered to the Planning Department the check as
required above, the approval for the project granted shall be void by reason of failure of
condition (Fish and Game Code Section 711.4(c)).
General Requirements
2. The applicant and owner of the real property subject to this condition shall hereby agree
to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's
own selection from any and all claims, actions, awards, judgments, or proceedings
against the City to attack, set aside, annul, or seek monetary damages resulting, directly
or indirectly, from any action in furtherance of and the approval of the City, or any
agency or instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning the Planning
Application. The City shall be deemed for purposes of this condition, to include any
agency or instrumentality thereof, or any of its elected or appointed officials, officers,
employees, consultants, contractors, legal counsel, and agents. City shall promptly
notify both the applicant and landowner of any claim, action, or proceeding to which this
condition is applicable and shall further cooperate fully in the defense of the action. The
R:\S P A\2004\04-0371, Roripaugh Ranch-1\CC TPM Draft Resolution.doc
6
City reserves the right to take any and all action the City deems to be in the best interest
of the City and its citizens in regards to such defense.
3. The tentative subdivision shall comply with the State of California Subdivision Map Act
and to all the requifements of Ordinance No. 460, unless modified by the conditions
listed below. A time extension may be approved in accordance with the State Map Act
and City Ordinance, upon written request, if made 60 days prior to the expiration date.
4. The project and all subsequent projects within this site shall comply with all mitigation
measures identified within the Final Environmental Impact Report for the Roripaugh
Ranch Specific Plan, and the approved Mitigation Monitoring Program thereof.
5. The project and all subsequent projects within this site shall be subject to the Roripaugh
Ranch Development Agreement (PA99-0299) and any subsequent Amendments to the
Development Agreement (PA04-0590).
6. The Nature Walk shall include enhanced landscaping adjacent to lot 19 to screen the
Nature Walk from the Nicolas Valley, subject to the approval of the Planning Director.
7. 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 or any successors in interest. .
8. The Applicant shall comply with all underlying Conditions of Approval for Roripaugh
Specific Plan No. 11 (PA94-0075) as approved on November 26, 2002.
9. The Applicant shall comply with all underlying Conditions of Approval for Tentative Tract
Map No. 29353(PA01-0230) as approved on November 26,2002.
10. The Applicant shall comply with all underlying Conditions of Approval for Tentative Tract
Map No. 29661 (PA01-0253) as approved on November 26, 2002.
Prior to Issuance of Grading Permits
11. A copy of the Rough Grading plans shall be submitted and approved by the Planning
Department.
12. 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.
13. Prior to the City approval of the grading plans or any other plans requiring MWD
clearance that may impact their property and easement; the developer is responsible to
provide the City with MWD's clearance for the said plans.
Prior to Recordation of the Final Map
14. The fOllowing shall be submitted to and approved by the Planning Department:
R:\S P AI2004\04.0371, Roripaugh Ranch-1\CC TPM Draft Resolution.doc
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a. A copy of the Final Map.
b. A copy of the Environmental Constraint Sheet (ECS) with the following notes:
i. This property is located within thirty (30) miles of Mount Palomar
Observatory. All proposed outdoor lighting systems shall comply with the
California Institute oj Technology, Palomar Observatory
recommendations, Ordinance No. 655.
ii. The Roripaugh Ranch Environmental Impact Report (EIR) was prepared
for this project and is on file at the City of Temecula Community
Development Department - Planning Division.
iii. An EIR was prepared for the Roripaugh Ranch Specijic Plan and is on jile
at the City of Temecula Planning Department.
iv. Lot 19 shall be designated as permanent open space.
c. An Owners Association shall be established and the applicant shall submit a
copy oj the Covenants, Conditions, and Restrictions (CC&R's) that address the
following:
i. CC&R's shall be reviewed and approved by the Planning Director. The
CC&R's shall include liability insurance and methods of maintaining open
space, recreation areas, parking areas, private roads, exterior of all
buildings and all landscaped and open areas including parkways.
ii. No lot or unit in the development shall be sold unless a corporation,
association, property owner's group or similar entity has been fOfmed with
the right to assess all properties individually owned or jointly owned which
have any rights or interest in the use of the common areas and common
facilities in the development, such assessment power to be sufficient to
meet the expenses of such entity, and with authority to control, and the
duty to maintain, all of said mutually available features of the
development. Such entity shall operate under recorded CC&R's which
shall include compulsory membership of all owners of lots and/or units
and flexibility of assessments to meet changing costs of maintenance,
repairs, and services. Recorded CC&R's shall permit enforcement by the
City for provisions required as Conditions of Approval. The developer
shall submit evidence of compliance with this requirement to, and receive
approval of, the city prior to making any such sale. This condition shall
not apply to land dedicated to the City for public purposes.
iii. No lot or dwelling unit in the development shall be sold unless a
corporation, association, property owner's group or similar entity has been
formed with the right to assess all properties individually owned or jointly
owned which have any rights or interest in the use of the common areas
and common facilities in the development, such assessment power to be
sufficient to meet the expenses of such entity, and with authority to
control, and the duty to maintain, all of said mutually agreeable features
of the development. Such entity shall operate under recofded CC&R's
which shall include compulsory membership of all owners of lots and/or
dwelling units and flexibility of assessments to meet changing costs of
maintenance, repairs, and services. Recorded CC&R's shall permit
enforcement by the City for provisions required as Conditions of Approval.
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The developer shall submit evidence of compliance with this requirement
to, and receive approval of, the city prior to making any such sale. This
condition shall not apply to land dedicated to the City for public purposes.
iv. Every owner of a dwelling unit or lot shall own as an appurtenance to
such dwelling unit or lot, either (1) an undivided interest in the common
areas and facilities, or (2) a share in the corporation, or voting
membership in an association owning the common areas and facilities.
v. The CC&Rs shall include 19 as a common area to be maintained by the
Homeowners Association.
15. Prior to the recordation of the final map, the precise location of paseos shall be
determined consistent with the Specific Plan requirements.
16. Prior to the City approval of the improvement plans, the final map, or any other plans
requiring MWD clearance that may impact their property and easement, the developer is
responsible to provide the City with MWD's clearance for the said plans.
17. Prior to approval of the Final Map, the landscape plans for the parkways, medians, and
slope and fuel modification areas directly adjacent to roadways shall be submitted and
approved.
Prior to Issuance of a Building Permit
18. Prior to the issuance of a building permit, the applicant shall submit a product review
and/or a product placement application for all development within Tract Map 32004.
19. As required, three (3) copies of construction landscape plans that include irrigation,
hardscaping, the location, number, genus, species, and container size of the plants shall
be submitted and be accompanied by the fOllowing items:
a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of
submittal).
b. One (1) copy of the approved grading plan.
c. Water usage calculations per Chapter 17.32 of the Development Code (Water
Efficient Ordinance).
d. Complete screening of all ground-mounted equipment from the view of the public
from streets and adjacent property.
20. Prior to issuance of any residential building permits all walls and fence plans other than
the privacy fences for individual residential lots shall be submitted and approved.
21. Prior to issuance of any residential building permits typical front yard landscaping and
construction landscape plans for Model Home Complexes for each phase of
development shall be submitted and approved.
22. The applicant shall file and receive approval of a Development Plan for all the residential
products.
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23. All components of the project shall be completed as identified in the Specific Plan or the
Conditions of Approval.
24. Performance securities, in amounts to be determined by the Director of Planning, to
guarantee the maintenance of the plantings within private common areas for a period of
one year, in accordance with the approved construction landscape and irrigation plan,
shall be filed with the Community Development Department - Planning Division for one
year from the completion of the landscaping. After that year, if the landscaping and
irrigation system have been maintained in a condition satisfactory to the Director of
Planning, the bond shall be released.
25. Privacy Wall and Fence Plans for individuai lots in each phase of development
consistent with the Roripaugh Ranch Specific Plan.
26. Precise Grading Plans consistent with the approved rough grading plans including all
structural setback measurements shall be submitted and approved.
27. Roof-mounted mechanical equipment shall not be permitted within the subdivision;
however solar equipment or any other energy saving devices shall be permitted with
Planning Director approval.
28. Lots 4 through 14 of Tract Map 32004 shall have a minimum rear yard setback of 25'.
Prior to Issuance of Occupancy Permits
29. If deemed necessary by the Director of Planning, the applicant shall provide additional
landscaping to effectively screen various components of the project.
30. All required landscape planting and irrigation shall be installed consistent with the
approved construction plans and shall be in a condition acceptable to the Director of
Planning. The plants shall be healthy and free of weeds, disease, or pests. The
irrigation system shall be properiy constructed and in good working order.
31. Front yard and slope landscaping within individual lots shall be completed for inspection
prior to issuance of each occupancy permit (excluding model home complex structures).
32. All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this permit.
PUBLIC WORKS DEPARTMENT
The Department of Public Works recommends the following Conditions of Approval for this
project. Unless stated otherwise, all conditions shall be completed by the Developer at no cost
to any Govemment Agency.
General Requirements
33. 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.
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34. 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.
35. 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.
36. All improvement and grading plans shall be coordinated for consistency with adjacent
projects and existing improvements contiguous to the site and shall be submitted on
standard 24" x 36" City of Temecula mylars.
37. The Applicant shall comply with all underlying Conditions of Approval for Roripaugh
Specific Plan No. 11 (PA94-0075) as approved on November 26, 2002.
38. The Applicant shall comply with all underlying Conditions of Approval for Tentative Tract
Map No. 29353(PA01-0230) as approved on November 26,2002.
39. The Applicant shall comply with all underlying Conditions of Approval for Tentative Tract
Map No. 29661 (PA01-0253) as approved on November 26, 2002.
Prior to Approval of the Final Tract 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:
40. 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. City of Temecula Fire Prevention Bureau
d. Planning Department
e. Department of Public Works
f. Community Services District
41. The Developer shall design and guarantee construction of the following public
improvements to City of Temecula General Plan standards unless otherwise noted.
Plans shall be reviewed and approved by the Department of Public Works:
a. Improve private street, Skyline Drive, (Specific Plan Private Street Standards -
47' R1E with 4.5-foot wide public utility easements on both sides of street beyond
road easement or a approved by the Director of Public Works) to include
installation of full-width street improvements, paving, curb and gutter, sidewalk,
street lights, drainage facilities, signing and striping, utilities (including but not
limited to water and sewer).
b. All street improvement design shall provide adequate right-of-way and pavement
transitions per Caltrans standards for transition to existing street sections.
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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 No. 207, 207A, and/or
208.
c. Street lights shall be installed along the public streets shall be designed in
accordance with City Standard No. 800.
d. Concrete sidewalks shall be constructed in accordance with City Standard Nos.
400.
e. Design of street improvements shall extend a minimum of 300 feet beyond the
project boundaries to ensure adequate continuity of design with adjoining
properties.
f. Minimum centerline radii shall be in accordance with City Standard No. 113.
g. All reverse curves shall include a 100-foot minimum tangent section.
h. All street and driveway centerline intersections shall be at 90 degrees.
i. All knuckles shall be constructed in accordance with City Standard No. 602.
j. All cul-de-sac shall be constructed in accordance in City Standard No. 600.
k. All units shall be provided with zero clearance garage doors and garage door
openers if the driveway is less than 18 feet in depth from back of sidewalk.
I. Landscaping shall be limited in the corner cut-off area of all intersections and
adjacent to driveways to provide for minirnum sight distance and visibility.
rn. All utility systerns 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.
n. All utilities, except electrical lines rated 33kv or gfeater, shall be installed
underground.
43. 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.
44. 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.
45. 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 encurnbrances as approved
by the Department of Public Works.
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46. 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 appfoval of the Parcel Map\Final Map, the Developer shall make an
application for reapportionment of any assessments with appropriate regulatory agency.
47. Any delinquent property taxes shall be paid.
48. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the
Final Map to delineate identified environmental concerns and shall be recorded with the
map.
49. 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.
50. The Developer shall make a good faith effort to acquire the required off-site property
interests, and if he Of she should fail to do so, the Developer shall, prior to submittal of
the Final Map for recordation, enter into an agreement to complete the improvements
pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such
agreement 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.
51. 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.
52. 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.
53. Private drainage easements for cross-lot drainage shall be required and shall be
delineated and noted on the final map.
54. An easement for a joint use driveway shall be provided prior to approval of the Final Map
or issuance of building permits, whichever occurs first.
55. 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."
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Prior to Issuance of Grading Permits
56. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. Planning Department
b. Department of Public Works
c. Community Services District
57. A Rough 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.
58. 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 structufes and preliminary pavement sections.
59. A Geotechnical Report shall be prepared by a registered engineer or engineering
geologist and submitted to the Department of Public Works with the initiai 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.
60. 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. 11 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.
61. NPDES - The project proponent shall implement construction-phase and post-
construction pollution prevention measures consistent with the State Water Resources
Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction-
phase measures shall include Best Management Practices (BMPs) consistent with the
City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for
Erosion and Sediment Control, and the SWRCB General Permit for Construction
Activities. Post-construction measures shall be required of all Priority Development
Projects as listed in the City's NPDES permit. Priority Development Pfojects will include
a combination of structural and non-structural onsite source and treatment contfol BMPs
to prevent contaminants from commingling with stormwater and treat all unfiltered runoff
year-round prior to entering a storm drain. Construction-phase and post-construction
BMPs shall be designed and included into plans for submittal to, and subject to the
approval of, the City Engineer prior to issuance of a Grading Permit. The project
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proponent shall also provide proof of a mechanism to ensure ongoing long-term
maintenance of all structural post-construction BMPs.
62. 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.
63. 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 pian 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.
64. The Developer shall obtain letters of approval or easements for any off-site work
performed on adjoining properties. The letters or easements shail be in a format as
directed by the Department of Public Works.
65. All lot drainage shall be directed to the driveway by side yard drainage swales
independent of any other lot.
Prior to Issuance of Building Permits
66. Prior to the issuance of the first building permit, Final Map 32004 shall be approved and
recorded.
67. The Deveioper shall vacate and dedicate the abutters rights of access along Skyline
Drive pursuant to the new location of the driveway.
68. 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
iocation and elevation, and the Soils Engineer shall issue a Final Soils Report
addressing compaction and site conditions.
69. 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
substantiai conformance with the approved fough grading plan.
70. 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 Resoiutions implementing Chapter 15.06.
71. The Developer shall pay to the City the Western Riverside County Transportation
Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with,
Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing
Chapter 15.08.
Prior to Issuance of Certificates of Occupancy
72. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
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a. Rancho California Water District
b. Eastern Municipal Water District
c. Department of Public Works
73. All necessary certifications and clearances from engineers, utility companies and public
agencies shall be submitted as required by the Department of Public Works.
74. All improvements shall be constructed and completed per the approved plans and City
standards to the satisfaction of the Director of Public Works.
75. 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.
FIRE DEPARTMENT
The fOllowing are the Fire Department Conditions of Approval for this project. All questions
regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau.
76. Any previous existing conditions for this project or any underlying map will remain in full
fOfce and effect unless superceded by more stringent requirements here.
77. Final fire and life safety conditions will be addressed when building plans are reviewed
by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes which
are in force at the time of building plan submittal.
78. The Fire Prevention Bureau is required to set a minimum fire flow for residential land
division per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this
project, a water system capable of delivering 1500 GPM at 20-PSI residual operating
pressure with a 2-hour duration. The required fire flow may be adjusted during the
approval process to reflect changes in design, construction type, or automatic fire
protection measures as approved by the Fire Prevention Bureau. The Fire Flow as
given above has taken into account all information as provided. (CFC 903.2, Appendix
III-A)
79. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be
located on Fire Department access roads and adjacent public streets. Hydrants shall be
spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet
from any point on the street or Fire Department access road(s) frontage to a hydrant.
The required fire flow shall be available from any adjacent hydrant(s) in the system. The
upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix
III-B)
80. The Fire Prevention Bureau is required to set a minimum fire flow for commercial land
division per CFC Appendix III-A, Table A-III-A-1. The developer shall provide for this
project, a water system capable of delivering 4000 GPM at 20-PSI residual operating
pressure with a 4 hour duration. The required fire flow may be adjusted during the
approval process to reflect changes in design, construction type, or automatic fire
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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)
81. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III-B, Table A-III-B-1. Super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be
located on Fire Department access roads and adjacent public streets. Hydrants shall be
spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet
from any point on the street or Fire Department access road(s) frontage to a hydrant.
The required fire flow shall be available from any adjacent hydrant(s) in the system. The
upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix
III-B)
82. All traffic calming devices that could impede or slow emergency vehicle access are
prohibited, except those expressly approved by the fire prevention bureau individually on
a case by case basis when they maintain the required travel widths and radii.
83. Cul-de-sacs and/or intersections with planters must maintain 24 foot clear unobstructed
travel width around the planters, not including parking. Hardscape areas are permissible
provided that they meet the 80,000 lb. ioad requirements and are at road level.
84. Private entry driveways with divider medians must be a minimum of 16 feet wide on
each side unless the median is held back 30 feet from face of curb of perpendicular
road.
85. 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) This will include all internal
roads, connecting roads between phases, and construction gates. All required access
must be in and available prior to and during ALL construction. Phasing is approved on a
separate map, and is ultimately subject to final approval in the field.
86. 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)
87. Prior to building final, all locations where structures are to be built shall have approved
Fire Department vehicle access roads to within 150 feet to any portion of the facility or
any portion of an exterior wall of the building(s). Fire Department access roads shall be
an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of
.25 feet. (CFC sec 902)
88. 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 iess than thirteen (13)
feet six (6) inches. (CFC 902.2.2.1)
89. Prior to building construction, dead end road ways and streets in excess of one hundred
and fifty (150) feet which have not been completed shall have a turnaround capable of
accommodating fire apparatus. (CFC 902.2.2.4)
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90. Prior to building construction, this development and any street within serving more than
35 homes or any commercial developments shall have two (2) points of access, via all-
weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1)
91. 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)
92. 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)
93. All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
system for emergency access by firefighting personnel. (CFC 902.4)
Special Conditions
94. Prior to map recordation the applicant shall submit to the Fire Prevention Bureau a
georectified (pursuant to Riverside County standards) digital version of the map
including parcel and street centerline information. The electronic file will be provided in a
ESRI Arclnfo/ArcView compatible format and projected in a State Plane NAD 83
(California Zone VI ) coordinate system. The Bureau must accept the data as to
completeness, accuracy and format prior to satisfaction of this condition.
COMMUNTIY SERVICES DEPARTMENT
General Requirements
95. All landscape areas, open space, trails, signage, fences, walls and private gated areas
shall be maintained by the HOA, private maintenance association or property owner.
96. Lot 19 shall be owned and maintained by the Homeowner's Association (HOA).
97. The developer is entitled to receive a credit against the park and recfeation component
of the City's Development Impact Fee (DIF) pursuant to the Development Agreement.
98. All residential street lighting will be maintained by the Home Owner's Association (HOA).
99. The developer shall contact the City's franchise solid waste hauler for disposal of the
construction debris. Only the City's franchisee may haul construction debris:
Prior to Approval of the Final Map:
100. A public access and trail easement on Lot 19 shall be dedicated and reserved to
themselves.
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Prior to Issuance of Building Permits:
101. The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction debris.
102. The private mini-park (Tract Map No. 29661 Lot 6) shall be completed to the satisfaction
of the Community Services Director prior to the issuance of the 100'h overall residential
building permit in all Tracts of 29661 and 32004.
103. The park portion of the private recreation center (Tract Map No. 29661 Lot 523) shall be
completed to the satisfaction of the Community Services Director prior to the issuance of
the 250\h overall residential building permit in all Tracts of 29661 and 32004.
104. The building and the pool portion of the private recreation center (Tract Map No. 29661
Lot 523) shall be completed to the satisfaction of the Community Services Director prior
to the issuance of the 350'h overall residential building permit in all Tracts of 29661 and
32004.
105. The 5.1 acre neighborhood park (Tract Map No. 29661 Lot 518) shall be improved,
including the completion of the 90-day maintenance period, and the conveyance
accepted by the City Council prior to the issuance of the 400'h overall residential building
permit for all Tracts of 29661 and 32004.
106. The pas eo (Tract Map No. 29661 Lot 519) and the trail connecting Tract Map No. 29661
Lot 519 and Lot 518 (Neighborhood Park) shall be completed to the satisfaction of the
Community Services Director prior to the issuance of the 400'h overall residential building
permit in all Tracts of 29661 and 32004.
107. The "Nature Walk" and adjacent landscape areas (Tract Map No. 29661 Lot 520) shall
be completed to the satisfaction of the Community Services Director prior to the
issuance of the 400'h overall residential building permit in all Tracts of 29661 and 32004.
Prior to Issuance of Certificates of Occupancy:
108. Prior to the issuance of the first certificate of occupancy within each phase map, the
developer shall submit the most current list of Assessor's Parcel Numbers assigned to
the final project.
109. It shall be the developer's responsibility to provide wfitten disclosure of the existence of
TCSD and its service level rates and charges to all prospective purchasers.
OUTSIDE AGENCIES
110. The applicant shall comply with the attached letter dated June 10, 2004 from the Rancho
California Water District.
111. The applicant shall comply with the attached letter dated June 10, 2004 from the
Department of Environmental Health.
112. The applicant shall comply with the attached letter dated June 22, 2004 from the United
Stated Department of the Army Corps of Engineers.
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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
Applicant's Printed Name
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EXHIBIT B
TENTATIVE TRACT MAP 32004
(UNDER SEPARATE COVER)
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ATTACHMENT NO.5
CITY COUNCIL ORDINANCE NO 05-_
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
R:\S P A\2004\04-0371, Roripaugh Ranch-1\CC Staff Report-1.doc
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CC ORDINANCE NO. OS-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE FIRST AMENDMENT TO THE
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY
OF TEMECULA AND ASHBY USA, LLC FOR THE RORIPAUGH
RANCH SPECIFIC PLAN (PA04-0590)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1.
declare that:
A. On December 17, 2002, the City Council of the City of Temecula adopted an
approved Planning Application PA94-0076 (Environmental Impact Report), PA99-0298 (General
Plan Amendment), PA94-0073 (Annexation), PA94-0075 (Specific Plan, Development Code
Amendment, and Specific Plan Zoning Standards), PA94-0075 (Change of Zone), PA99-0299
(Development Agreement), PA01-0253 (Tentative Tract Map 29661), and PA01-0230 (Tentative
Tract Map 29353).
The City Council of the City of Temecula does hereby find, determine and
B. On May 26, 2004, Ashby USA, LLC filed application No. PA04-0369 (Tentative
Tract Map 32004), PA04-0370 (General Plan Amendment), PA04-0371 (Specific Plan
Amendment) and on November 30, 2004, Ashby USA, LLC filed application No.PA04-0590
(First Amendment to the Development Agreement), (the "Application") in accordance with the
City of Temecula General Plan and Development Code for land use approvals for a 804.7 acre
planned community located in the Northeast portion of the City near the future intersection of
Butterfield Stage Road and Nicolas Road, ("Project").
C. Government Code Section 65864 authorizes the City to enter into binding
development agreements with persons having legal or equitable interests in real property for the
development of such property in order to, among other matters: ensure high quality
development in accordance with comprehensive plans; provide certainty in the approval of
development pfojects so as to avoid the waste of resources and the escalation in the cost of
housing and othef development to the consumef; provide assurance to the applicants for
development projects that they may proceed with their projects in accordance with existing
policies, rules and regulations and subject to conditions of approval, in order to strengthen the
public planning process and encourage private participation in comprehensive planning and
reduce the pfivate and public economic costs of development; and provide for economic
assistance to Owner for the entitlements authorizing development related improvements.
D. On December 15, 2004 the Planning Commission of the City of Temecula held a
duly noticed public hearing on the proposed First Amendment to the Development Agreement(s)
and the other land use applications for the Project at which time all persons interested in the
proposed First Amendment to the Development Agreement and the Project had the opportunity
and did address the Planning Commission on these matters.
E. Following consideration of the entire record of infofmation received at the public
hearings and due consideration of the proposed Development Agreement and the Project, the
Planning Commission adopted Resolution No. 2004- _ recommending to the City Council that
the First Amendment to the Development Agreement be approved, subject to certain
recommended conditions.
R:\S P A\2004\04-0371, Roripaugh Ranch-1\CC DA Amend Draft Ordinance.doc
,
F. On , 2005 the City Council of the City of Temecula held duly
noticed public hearings on the proposed First Amendment to the Development Agreement(s)
and the other land use applications for the Project at which time all persons interested in the
proposed Development Agreement and the Project had the opportunity and did address the City
Council on these matters.
Section 2.
declafes that:
The City Council of the City of Temecula further finds, determines and
A. In consideration of the substantial public improvements and benefits to be
provided by Ownef and the Project, in furthef consideration of the implementation of the
Roripaugh Ranch Specific Plan and in order to strengthen the public financing and planning
process and reduce the economic costs of development, by the First Amendment to the
Development Agreement, the City intends to give Owner assurance that Owner can proceed
with the development of the Project for the Term of the First Amendment to the Development
Agreement pursuant to the terms and conditions of the First Amendment to the Development
Agreement and in accordance with the City's General Plan, ordinances, policies, rules and
regulations existing as set forth in the First Amendment to the Development Agreement. In
reliance on the City's covenants in the First Amendment to the Development Agreement
concerning the development of the Property, Owner has and will in the future incur substantial
costs in site preparation and the construction and installation of major infrastructure and
facilities in order to make the Project feasible.
B. The First Amendment to the Development Agreement and the Existing Project
Appfovals, as defined in the First Amendment to the Development Agreement, implement the
goals and policies of the City's General Plan, and the Roripaugh Ranch Specific Pian, provide
balanced and diversified land uses, and impose appropriate standards and requirements with
respect to land development and usage in order to maintain the overall quality of life and the
environment within the City.
C. The City has engaged in extensive studies and review of the potential impacts of
the Project as well as the various potential benefits to the City by the development of the Project
and concluded that the Project is in the best interests of and is not detrimental to the health,
safety and general welfare of the City.
D. The First Amendment to the Development Agreement is consistent with the City's
General Plan, and each Element thereof, and the City's Growth Management Action Plan, and
constitutes a present valid exercise of the City's police power.
E. The First Amendment to the Development Agreement is being entered into
pursuant to and in compliance with the requirements of Government Code Section 65867.
F. All legal prerequisites to the adoption of this Ordinance have occurred.
Section 3. The City Council of the City of Temecula hefeby approves an agreement
entitled "The First Amendment to the Development Agreement by and Between the City of
Temecula and Ashby USA, LLC." and authorizes the Mayor to execute said agreement attached
hefeto as Attachment A.
Section 4. If any sentence, clause or phrase of this ordinance is for any reason held
to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the
R:\S P A\2004\04-0371, Roripaugh Ranch-llCC DA Amend Draft Ordinance.doc
2
remaining provisions of this ordinance. The City Council hereby declares that it would have
passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that
anyone or more sentences, clauses or phrases be declared unconstitutional or othefwise
invalid.
Section 5. The City Clerk of the City of Temecula shall certify to the passage and
adoption of this Ordinance and shall cause the same or a summary thereof to be published and
posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this
_ day of _, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 05-_ was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the _ day of , 2005 and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the _
day of , 2005, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:IS P A\2004104-0371, Roripaugh Ranch-llCC DA Amend Draft Ordinance.doc
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EXHIBIT A
DRAFT FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT
R:\S P A\2004\04-0371, Roripaugh Ranch-l\CC DA Amend Draft Ordinance.doc
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Planning Commission Recommendation for Approval Date: 10.30.02
City Council Approval Date: 11.26.02
Final Revisions Completed: 3.25.03
RORIPAUGH RANCH
SPECIFIC PLAN
Amendment No.1
City of Temecula
43200 Business Park Drive
Temecula, CA 92589-9033
tel. 951.694.6400
fax 951.694.1999
Prepared for:
Ashby USA, LLC
470 E. Harrison Street
Corona, CA 92879
tel. 951.898.1692
fax 951.898.1693
Prepared by:
Matthew Fagan Consulting Services
42011 Avenida Vista Ladera
Temecula, CA 92591
tel. 951.699.2338
fax 951.694.4474
matthewfaaan@adelphia.net
~ ~~~~~~ ~
In Association with:
By
Hirsch & Associates Inc.
2221 E. Winston Rd., Sutte A
Anaheim, CA 92806
Phone: 714.776.4340
The Albert Group
3635 Hayden Ave.
Culver City, CA 90232
Phone: 310.837.8863
December, 2004 .
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SECTION I
INTRODUCTION TO AMENDMENT NO. 1
1.1 INTRODUCTION TO AMENDMENT NUMBER ONE
1.1.1 Introduction
The Temecula City Council approved the Roripaugh Ranch Specific Plan (SP-14) on November 26,2002.
The Specific Plan Document consisted of two (2) volumes and contained then following components:
. Section 1 - Genefal Plan Consistency
. Section 2 - Specific Plan Components
. Section 3 - Planning Areas and Development Standards
. Section 4 - Design Guidelines
. Section 5 - Specific Plan Zoning Ordinance
. Section 6 - Timing and Responsibility of Improvements
. Section 7 - City of Temecula Conditions, Summary and Errata Sheet
The approved Roripaugh Ranch community is comprised of 2,015 single-family dwelling units on
approximately 804.7 acres with a gross density of 2.5 units/acre and a net residential density of 4.9
units/acre. Additional uses include 15.4 acres of neighborhood commercial, 32.0 acres for two school sites
(elementary and middle school), 24.8 acres for two public park sites, 9.1 acres for two private recreation
centers and a private mini-park, a 1.5 acre fire station site, 39.1 acres for flood control purposes, 202.7 acres
of open space and 21.2 acres of landscape slope.
Minor modifications to the Land Use, Design Guidelines and Development Standards for the approved
Specific Plan have necessitated Amendment No. 1 to the Specific Plan. This Amendment has been
established through the use ofthis Addendum. Once approved, this Addendum will be incorporated into the
Specific Plan document. Reviewers of the Specific Plan document will review the Addendum and its
associated modifications for revised standards and guidelines prior to consulting the associated sections of
the prior, approved Specific Plan document. Details of the modifications are contained within the ensuing
Sections of this Addendum.
1.2 RELATIONSHIP BETWEEN AMENDMENT NUMBER ONE AND SPECIFIC PLAN
1.2.1 Overview
As stated in Section I of this Addendum, minor modifications to the Land Use, Design Guidelines and
Development Standards forthe approved Specific Plan have necessitated Amendment NO.1 to the Specific
Plan. This Amendment has been established through the use of this Addendum.
The following criteria will apply to the Specific Plan and the Specific Plan Amendment:
. Reviewers of the Specific Plan document will review the Addendum and its associated modifications
to the Standards and Guidelines prior to consulting the associated sections of the prior, approved
Specific Plan document.
. Whenever there are discrepancies between the information contained in the Specific Plan
Amendment and the Specific Plan, the information contained within the Specific Plan Amendment
shall prevail.
. The Director of Planning shall provide a written Specific Plan Consistency Determination, in the
event that ambiguity still exists between the Specific Plan and the Specific Plan Amendment.
RoripaUQh Ranch Specific Plan, Amendment No.1
December, 2004
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SECTION I
INTRODUCTION TO AMENDMENT NO.1
DESCRIPTIVE SUMMARY
Section I
1.1 This Section is an Introduction to the Specific Plan and the Specific Plan Amendment. It includes the
approval date, the Specific Plan components, a project description of the approved and a brief
introduction to the Specific Plan Amendment.
1.2 This Section contains specific criteria that will apply to the Specific Plan and the Specific Plan
Amendment.
1.3 Descriptive Summary.
Section II
Section II of the Specific Plan Amendment Addendum contains the following modifications:
. Table 2-1 (Residential Land Uses by Land Use Designations;
. Table 2-2 (Proposed Land Uses by Planning Areas (PA);
. Section 2.10 (Walls and Fences Master Plan) based on changes to Planning Areas lA, 7B, 10, 12
and 27; and
. A footnote has been added to Table 2-2, which indicates the specific Planning Areas where single-
story elevations will be required. Single-story elevations will be required in Planning Areas in which
the minimum lot sizes are 5,000 square feet and larger. These Planning Areas are: 10,16,17,18,
19, 20, 21, 33A & 33B. All other Planning Areas will not contain minimum lot sizes that are
conducive for single-story elevations.
Section III
Section III of the Specific Plan Amendment Addendum contains the modifications to acreage, overall units,
density, and minimum lot size, consistent with Table 2-2 (Proposed Land Uses by Planning Areas (PA), for
the following Planning Areas:
. Planning Area lA;
. Planning Area 78;
. Planning Area 10;
. Planning Area 12; and
. Planning Area 27.
Section IV
Section IV of the Specific Plan Amendment Addendum contains the following modifications:
. To the language and Figures for the Fuel Modification of Open Space, as it relates to Planning Areas
10,13,14,15,16,17 and 19 and Figures 4-34A, 4-348-1, 4-348-2, 4-34C-1 and 4-34C-2; and
. Modifications to the Architectural Design Guidelines text and Figures for the architectural styles that
will be encouraged in the Specific Plan.
Section V
Section V of the Specific Plan Amendment Addendum contains the following:
. Amended Specific Plan Zoning Ordinance;
. Standards have been added the Low Density Estates (L-E) for Planning Area 10;
. Allowing single-family detached units in Planning Areas 12,14 and 15;
. Table 5.1 (Schedule of Permitted Uses - Residential Districts) has been expanded to include the L-E
designation;
2
Roripaugh Ranch Specific Plan, Amendment No.1
December, 2004
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SECTION I
INTRODUCTION TO AMENDMENT NO. 1
. Table 5.2-1 (Accessory Structures Setbacks) has been added; and
. Table 5.2-2 (Maximum Encroachments into Required Yard Areas) has been added.
Roripaugh Ranch Specific Plan, Amendment No.1
3
December, 2004
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SECTION II
SPECIFIC PLAN COMPONENTS
OVERVIEW
Section II of the Specific Plan Amendment Addendum contains modifications to Table 2-1 (Residential Land
Uses by Land Use Designations, Table 2-2 (Proposed Land Uses by Planning Areas (PA), and Section 2.10
(Walls and Fences Master Plan) based on changes to Planning Areas lA, 7B, 10, 12 and 27. In addition, a
footnote has been added to Table 2-2, which indicates the specific Planning Areas where single-story
elevations will be required. Single-story elevations will be required in Planning Areas in which the minimum
lot sizes are 5,000 square feet and larger. These Planning Areas are: 10,16,17,18,19,20,21, 33A & 33B.
All other Planning Areas will not contain minimum lot sizes that are conducive for single-story elevations.
2.1.2 Project Land Uses
Residential Uses (See Figure 2-1)
The project proposes a maximum of 2,015 residential dwelling units on a variety of lot sizes, ranging
from 3,000 square feet to one acre in size. The following table is a breakdown of the residential
component of the project:
Table 2-1
Residential Land Uses by Land Use Designations
Land Use Planning Acres Dwelling Density Percentage
Designation Areas Units
Low W,19,20, .w+,e ~ 5A
Residential (L) 21, 33A and 99.5 Wi 0.9
338 97 4.8
~ow De1ti~
states ) 10 8.1 14 1.7 0.7
low Medium lA, 2, 3, 4A, ~ 4.8 46,6
Res. (LM) 48,16,17 196.8 g;j9
and 18 945 46.8
Medium 23 and 24 21.5 122 5.7 6.1
Residential
(M1)
(&toRdarElj
.Medium 12,14,15, 88.9 I>.{; #.,Q
Residential 22 and 31 ll4l>
(M2) 837 9.4 41.6
(Standard
and
Clustered)
Project Total 41U 2,015 4.9 100
414.8
*A maximum of20% cluster housing (169 ~Ait6) can be zero lot line as illustrated in Figures
4-78 and 4-81.
Roripaugh Ranch Specific Plan, Amendment NO.1
4
December, 2004
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SECTION II
SPECIFIC PLAN COMPONENTS
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Table 2-2
Proposed Land Uses by Planning Areas (PAl
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PA Land Use (Density) Acres Densny Min. Lot Size (51) Unns
lA' Residential - Low Medium .w,g ~ 5,000 Qll
21.0 4.9 104
lB' Mini-Park (private) 0.3 N/A N/A N/A
2' Residential - Low Medium 18.4 5.4 5,000 99
3' Residential - Low Medium 18.6 5.3 5,000 99
4At Residential - Low Medium 41.8 5.1 5,000 213
B'
5 Recreation Center 5.2 N/A N/A N/A
(private)
6 Neighborhood Park 5.1 N/A N/A N/A
Landscape Slope 1.7 N/A N/A N/A
7A Open Space/Landscape 19.5 N/A N/A N/A
Slope
711, Open Space/Flood ~ N/A N/A N/A
C Control 1.8
8 Open Space/Habitat 12.5 N/A N/A N/A
9A, Open Space/Habitat 10.6 N/A N/A N/A
B
10' Residential- Low 8.1 4.4 :!G;QOO 44
Density Estates 1.7 10,000 14
11 Neighborhood 15.4 N/A N/A N/A
Commercial
12 Residential - Medium 2 16.4 U 3,000 446
(CI".te"~l 8.3 136
13 Open Space/Habitat 179.6 N/A N/A N/A
14 Residential - Medium 2 13.5 11.4 3,000 154
(Ciu.tere~l
Open Space/Flood 3.6
Control
15 Residential - Medium 2 14.1 11.3 3,000 159
(Clu.tero~)
16' Residential- Low Medium 28.4 5.1 5,000 145
17' Residential - low Medium 40.2 4.3 6,000 172
18' Residential - Low Medium 28.4 4.0 6,000 113
19' Residential - Low 31.2 1.0 20,000 30
20' Residential- Low 30.3 1.0 20,000 30
21' Residential- Low 23.9 .9 20,000 22
22 Residential - Medium 2 20.3 8.1 3,000 164
(Clustered)
23 Residential - Medium 10.9 6.1 4,000 67
24 Residential - Medium 10.6 5.2 4,000 55
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Planning Areas where single~story products are required. Single-story elevations
will be required in Planning Areas in which the minimum lot sizes are 5,000 square
feet and larger.
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Roripaugh Ranch Specific Plan, Amendment No.1
December, 2004
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. SECTION II
SPECIFIC PLAN COMPONENTS
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Table 2-2 (Continued)
Proposed Land Uses by Planning Areas (PA)
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Land Use (Density) Acres Density Min. Lot Size (sl] Units
25 Open Space/Flood 8.2 N/A N/A N/A
Control
26 Open Space/Flood 22.1 N/A N/A N/A
Control
27 Sports Park .w;.r N/A N/A N/A
21.1 N/A N/A N/A
QpeR SpaselFIG9d +.4
GMlfeI
28, Middle School 20.0 N/A N/A N/A
29 Elementary School 12.0
30 Recreation Center 4.0 N/A N/A N/A
I. (private)
31 Residential - Medium 2 24.6 9.1 3,000 224
(Clustered)
32 Public Institutional (Fire 2.0 N/A N/A N/A
Station)
33 Residential- Low (PA 11.8 1.1 20,000 15
A' 33A)
& Residential- Low (PA 2.3
B' 33B)
Public/Private Roads 45.2 N/A N/A N/A
TOTAL 804.7 2.5 2,015
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Planning Areas where single~story products are required. Single-story elevations
will be required in Planning Areas in which the minimum lot sizes are 5,000 square
feet and larger.
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Roripaugh Ranch Specific Plan, Amendment NO.1
6
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SECTION II
SPECIFIC PLAN COMPONENTS
2.10 WALLS AND FENCES MASTER PLAN
2.10.2 Walls and Fencing
The material, style and height of walls and fences shall provide an element of visual continuity
throughout Roripaugh Ranch. All construction materials and colors shall be consistent with the
project architecture. The following wall and fence applications shall be provided throughout the
project area:
1. Proiect or Privacy Walls (See Figure 2-15)
Project walls will be constructed within the project as shown on Figure 2-14 for visual and
noise attenuation where appropriate. Project walls will be constructed of slump stone.
PilasteFS I'AII be iAGluded iA theme 'Nail GOAstruGlieA at I3rel3eFty liAss, GhaAges iA 'JemGal er
heFizoAtal directieA aAd at measured iAtervals al3l3fel3Fiale te the leAgth ef the wall fUA.
Project wall pilasters will be spaced at approximately one hundred feet (100') to one
hundred fifty feet (150') on center. Project walls will not exceed 6 feet in height. All
Project Walls will be constructed by the developer.
2. Privacv Fence (See Figure 2-15)
Privacy fences as shown in Figure 2-15 will be located in residential interior and side yards.
This feAGiAg shall iAGlude a l3ilasier '.Vith a l3estfGal3. All Privacy Fences will be constructed
by the merchant builders.
3.
Privacv Fencina at Front of Homes (See Figure 2-15)
Privacy fencing at front of homes will be located as illustrated in Figure 2-15. This fencing
will include a wood post and gate, stUGGe fiAish masonry (slumpstone block) pilaster
w/precast concrete cap and a 6' high masonry (slumpstone) wall with 6WGGa precast
concrete cap. All fencing will be a color that is neutral or consistent with the adjacent
residence. This fence will be constructed by the merchant builder.
4. View Fence (See Figure 2-16)
One type of view fence will be utilized where view opportunities exist. The purpose of this
fence is to allow for maximum view opportunities. This fence will be a maximum of six feet
in height and will be either dark broAze er Gepl3er Dunn Edwards SP56 'Weathered Brown'
tubular fencing material. The fence will also include a pilaster with a precast concrete cap.
All View Fences will be constructed according to the timing specified in Section 6.0.
7
RoripauQh Ranch Specific Plan, Amendment No.1
December, 2004
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SECTION III
PLANNING AREAS AND DEVELOPMENT STANDARDS
OVERVIEW
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Section III of the Specific Plan Amendment Addendum contains the modifications to acreage, overall units,
density, and minimum lot size, consistent with Table 2-2 (Proposed Land Uses by Planning Areas (PA) , for the
following Planning Areas: lA, 78, 10, 12 and 27.
3.1 PLANNING AREAS 1A and 18
3.1.1 Descriptive Summary
Planning Areas lA and 18, as depicted on Figure 3-1, provides for development of ~21.0 acres
with Low Medium Density Residential use (Planning Area 1 A) and for the development of a .3 acre
Mini-Park (Planning Area 18). Planning Area lA is planned for98104 single family dwelling units ata
density of ~ 4.9 du/ac. Minimum lot size shall be 5,000 square feet.
3.1.2 Land Use and Development Standards
Please refer to Section 5.0, Specific Plan Zoning Ordinance.
3.1.3 Planning Standards
Circulation Standards
1. Planning Area lA shall only have one access point onto Murrieta Hot Springs Road. Access to
Planning Area 1 A will be provided from Murrieta Hot Springs Road along the north perimeter
of the planning area. This access shall be right-in and right-out only. Potential access points
as depicted, are conceptual. Access into Planning Area 1A from Murrieta Hot Springs Road
as well as access between Planning Afeas 1 A and 2 shall be determined when tentative tract
maps are prepared. Proposed road access land located within County property between the
Murrieta Hot Springs Road right-of-way and the project's north property line will need to be
acquired or an access easement secured. Access points shall be designed and located to
provide adequate and safe access through adjacent planning areas from a traffic and fire
safety standpoint.
2. Secondary access shall be provided to Murrieta Hot Springs Road prior to the issuance of the
341h building permit in this planning area. The location and design of the secondary access
shall be subjectto approval by the City.
3. A round-about shall be provided in the southeastern portion ofthe Planning Area as illustrated
in Figure 3-1. The purpose of the round-about is to slow traffic along the roadway.
4. Vehicular access acceptable to the Fire Department shall be provided from this planning area
to the Nature Walk as illustrated in Figure 3-1. This access shall be only used for maintenance
purposes.
Landscape and Recreation Standards
5. A Card Key Gated Secondary Entry, as illustrated in Figure 4-21, shall be provided at the
northeast corner of the planning area adjacent to Murrieta Hot Springs Road. This access
shall be right-in and right-out only.
6. An Auto and Pedestrian Gated Entry, as illustrated in Figure 4-20C, shall be provided behind
the Card Key Gated Secondary Entry.
7. The 0.3 acre Mini-Park designated as Planning Area 18 shall be provided adjacentto Planning
Area lA as illustrated in Figures 3-1 and 4-9. The Mini-Park shall include the following uses:
RoripauQh Ranch Specific Plan, Amendment NO.1 8
December, 2004
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SECTION III
PLANNING AREAS AND DEVELOPMENT STANDARDS
following uses:
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. Shade arbor
. One play structure for ages 2-5 years
. Picnic table on slab
. Benches
. Low decorative steel fencing with pilasters and gate
. Landscape and irrigation improvements
. Project Wall (Figure 2-16) along the eastern and northern boundary
. Low Wall with Pilaster (Figure 2-16) along the eastern and southern boundary
8. The Nature Walk will be located adjacent to Planning Area lA as illustrated in Figures 4-12,
4-15 and 4-15A.
9. Five paseos will be provided within Planning Area lA as illustrated in Figures 4-1 and 4-38.
These paseos shall provide direct access to the Nature Walk. These paseos are conceptual
in nature and the exact location and design will be determined prior to approval of the final
map.
10. Front yard landscaping as depicted in Figures 4-85 through 4-89, shall be installed by the
merchant builder and maintained by the property owner.
Walls and Fences Standards
8. A Project Wall, as illustrated in the Walls and Fences Master Plan (Figures 2-14 and 2-15),
shall be located along the northern perimeter of the planning area.
12. A View Fence, also illustrated in the Walls and Fences Master Plan (Figures 2-14 and 2-16)
shall be located along the western and southern perimeter of Planning Area 1 adjacent to
the Nature Walk.
Miscellaneous Standards
13. Residential lots within Planning Area lA that are located within 175 feet of the southern
property line shall have a minimum rear yafd setback of twenty-five (25) feet. If the
residence is visible from homes along the north side of Nicolas Road, enhanced
landscaping shall be installed to help screen views from Nicolas Valley (See Figure 4-15).
The developer shall prepare a plan that identifies lots within 175 feet of the southern
perimeter and lots that may have views visible from the north side of Nicolas Road. The
plan shall be submitted to the City for review prior to approval of the tentative tract map.
The City reserves the right to request additional landscaping for screening purposes fOf the
enhanced landscape areas after the installation of the landscaping and construction of the
homes.
14. Prior to approval of the precise grading plan, a noise mitigation analysis shall be performed
for residences within 200 feet of the edge of right-of-way of Murrieta Hot Springs Road,
Butterfield Stage Road, "North Loop Road", "South Loop Road" or any other noise sensitive
uses on the project site potentially exposed to exterior noise levels. The analysis must
demonstrate that planned noise protection will meet City standards to the satisfaction ofthe
Community Development Department.
15. Please refer to Section 2.1 through Section 2.10 for the following Development Plans and
Standards that apply site-wide.
Roripau!1h Ranch Specific Plan, Amendment NO.1
9
December, 2004
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SECTION III
PLANNING AREAS AND DEVELOPMENT STANDARDS
2.1 Comprehensive Land Use Plan
2.2 Circulation Master Plan
2.3 Drainage Master Plan
2.4 Water Master Plan
2.5 Sewer Master Plan
2.6 Grading Master Plan
2.7 Phasing Plan-Public and Private
Facilities
2.8 Open Space Recreation and
Trails Master Plan
2.9 Landscape Master Plan
2.10 Walls and Fences Master Plan
16. Please see Section 4.0 (Design Guidelines) for criteria related to the development of
Planning Areas 1A and 1 B.
Timina and Responsibility of Improvements
17. Please see Section 6.0 (Timing and Responsibility of Improvements) for phasing of
improvements within Planning Areas lA and 1 B.
Roripauqh Ranch Specific Plan, Amendment No.1
10
December, 2004
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SECTION III
PLANNING AREAS AND DEVELOPMENT STANDARDS
3.7 PLANNING AREAS 7A, +8, 7e, 8 AND PORTIONS OF 6
3.7.1 Descriptive Summary
As depicted in Figufe 3-7A, Planning Areas 7A, +8, 7C, 8 and portions of 6 will remain as flood
control, landscape slope and open space. This includes 3,81.8 acres for detention basins (Planning
Areas 78 aRs7C), 21.2 acres for landscape slope (Planning Area 7A and portions of 6) and 12.5
acres for open space (Planning Area 8). These areas contain topo and drainage features that will be
incorporated into the Roripaugh Ranch planned community. These areas will be maintained by the
HOA with the exception of Planning Area 8. Planning Area 8 will be maintained by the appropriate
habitat maintenance organization. Planning Area 7B is being incorporated into Planning Area 1A,
as drainage is being conveyed to an off-site facility, which has been detennined to be
adequately sized for the runoff created by this portion of the project.
3.7.2 Land Use and Development Standards
Please refer to Section 5.0, Specific Plan Zoning Ordinance.
3.7.3 Planning Standards
Circulation Standards
1. Vehicular access into Planning Areas 7A, +8, 7C, 8 and portions of 6 shall be restricted to
only maintenance vehicles.
2. Access into the fuel modification areas located in Planning Area 8 shall be approved by the
Fire Department prior to approval of the final map.
3. Adequate pedestrian circulation shall be provided between the Nature Walk and the
surrounding area. Paseo connections shall be provided as illustrated in Figure 3-7A. The
portion of the paseo that crosses the MWD easement as shown in Figures 3-7 and 4-4, shall
be subject to MWD approval prior to the approval of the final map.
Landscaoe and Recreation Standards
4. The Nature Walk will be located in Planning Area 7A adjacentto Planning Areas lA through
48 as illustrated in Figures 3-7A, 4-12, 4-15 and 4-15A.
5. A Variable Width Fuel Modification Zone, as illustrated in Figures 4-15, 4-15A and 4-34B-1
and 4-34B-2 will be provided within Planning Area 7A.
Walls and Fences Standards
6. A View Fence will be provided between Planning Area 7A and Planning Areas lA through
Planning Area 4B as illustrated in Figures 2-14, 2-16 and 3-7A. .
7. TRe two One detention basins (Planning Areas 78 aRd 7C) will be enclosed with chain link
fencing as depicted in Figure 3-7A.
8. A View Fence, as illustrated in Figures 2-14,2-16, 3-7A and 4-4 will be located atthe top of
slope in Planning Area 6 separating the landscape slope from the park.
9. A Split-Rail Fence as illustrated in Figures 2-14, 2-17 and 4-15A will be provided along the
south side ofthe Nature Walk.
Roripau~h Ranch Specific Plan, Amendment No.1
11
December, 2004
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SECTION III PLANNING AREAS AND DEVELOPMENT STANDARDS
10. A Property Line Fellce as illustrated ill Figures 2-14 and 2-17, will be provided along the
eastern, southern and western perimeter of the planning area.
11. A Property Line Fence along the south side of Planning Area 7A shall be a three-rail horse
fence with wire mesh approximately 5'-6' to 6' high.
Miscellaneous
11. Please refer to Section 2.1 through Section 2.10 for the following Development Plans and
Standards that apply site-wide.
2.1 Comprehensive land Use Plan
2.2 Circulation Master Plan
2.3 Drainage Master Plan
2.4 Water Master Plan
2.5 Sewer Master Plan
2.6 Grading Master Plan
2.7 Phasing Plan-Public and Private
Facilities
2.8 Open Space Recreation and
Trails Master Plan
2.9 Landscape Master Plan
2.10 Walls and Fences Master Plan
12. Please see Section 4.0 (Design Guidelines) for criteria related to the development of
Planning Area 5.
Timino and Responsibility of Improvements
14. Please see Section 6.0 (Timing and Responsibility of Improvements) for phasing of
improvements within Planning Areas 7A, 78, 7C, 8 and portions of 6.
RoripauQh Ranch Specific Plan, Amendment No.1
12
December, 2004
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SECTION III
PLANNING AREAS AND DEVELOPMENT STANDARDS
3.10 PLANNING AREA 10
3.10.1 Descriptive Summary
Planning Area 10, as depicted on Figure 3-8, provides for 8.1 acres of development with Low
Density Estates Residential use. This area is planned for 44 14 single family dwelling units at a
density of 4.4 1.7 du/ac. Minimum lot size shall be 2O;Gllll1 0,000 square feet.
3.10.2 Land Use and Development Standards
Please refer to Section 5.0, Specific Plan Zoning Ordinance.
3.10.3 Planning Standards
Circulation Standards
1. Access to the planning area will be provided from Murrieta Hot Springs Road. This access
point shall be located directly across from 'A" Street. The exact location of access
easements for this planning area shall be subject to review and approval by the City at the
tentative tract map stage.
Landscaoe and Recreation Standards
2. A Card Key Gated Secondary Entry, as illustrated in Figures 4-1 and 4-22E, shall be
provided off of Murrieta Hot Springs Road that will allow access for both pedestrians and
vehicles.
3. A Parkway Street Tree Treatment, as illustrated in the Landscape Master Plan (Figures2-13
and 4-26A), shall be provided along the north side of Murrieta Hot Springs Road.
4. A Fuel Modification Zone, as illustrated in Figures 4-34A, 4-348-1,4-348-2, aM 4-34C-1
and 4-34C-2, shall be located within this area and adjacent to the eastern, northern and
western perimeters of Planning Area 10.
5. Front yard landscaping as illustrated in Figures 4-85 through 4-89, shall be installed by the
merchant builder/property owner and maintained by the homeowner.
6. An Auto and Pedestrian Gated Entry, as illustrated in Figure 4-20C, shall be provided
behind the Card Key Gated Secondary Entry.
Walls and Fences Standards
7. A View Fence, as illustrated in the Walls and Fences Master Plan (Figures 2-14 and 2-16),
shall be located along the southern perimeter of the planning area adjacent to Murrieta Hot
Springs Road.
8. A Residential/Habitat View Fence, as illustrated in the Walls and Fences Master Plan
(Figures 2-14 and 2-17), shall be provided along the western, northern, and eastern
perimeters of the planning area adjacent to Planning Afeas 9A and 98. This fence shall be
of the same uniformity and design as it is installed by merchant builders consistent with
Figure 2-17.
Prior to the installation of the Residential/Habitat View Fence as noted in Figure 2-17, a
temporary fence shall be installed by the developer to separate the habitat area from this
planning area. The design of this temporary fence shall be approved by the City of
Temecula and the appropriate resource agency prior to recordation of the final map. The
temporary fence shall remain in place until such time the Residential/Habitat View Fence is
installed by merchant builders.
ROripaugh Ranch Specific Plan, Amendment No.1
13
December, 2004
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SECTION III
PLANNING AREAS AND DEVELOPMENT STANDARDS
Miscellaneous Standards
9. The two existing residences shall be removed from the site prior to development in this
planning area.
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10. Prior to approval of precise grading plan, a noise mitigation analysis shall be performed for
residences within 200 feet of the edge of right-of-way of Murrieta Hot Springs Road,
Butterfield Stage Road, "North Loop Road", "South Loop Road" or any other noise sensitive
uses on the project site potentially exposed to exterior noise levels. The analysis must
demonstrate that planned noise protection will meet City standards to the satisfaction ofthe
Community Development Department.
11. No transfer of dwelling units shall be allowed into Planning Area 10.
12. Please refer to Section 2.1 through Section 2.10 for the following Development Plans and
Standards that apply site-wide.
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2.1
2.2
2.3
2.4
2.5
2.6
Comprehensive Land Use Plan
Circulation Master Plan
Drainage Master Plan
Water Master Plan
Sewer Master Plan
Grading Master Plan
2.7
Phasing Plan-Public and Private
Facilities
Open Space Recreation and
Trails Master Plan
Landscape Master Plan
Walls and Fences Master Plan
2.8
2.9
2.10
13. Please see Section 4.0 (Design Guidelines) for criteria related to the development of
Planning Area 10.
TiminCl and Responsibility of Improvements
14. Please see Section 6.0 (Timing and Responsibility of Improvements) for phasing of
improvements within Planning Area 10.
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Roripaugh Ranch Specific Plan, Amendment No.1
14
December, 2004
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SECTION III
PLANNING AREAS AND DEVELOPMENT STANDARDS
3.12 PLANNING AREA 12
3.12.1 Descriptive Summary
Planning Area 12, as depicted on Figure 3-10, provides for development of 16.4 acres with Medium
Residential use. This area is planned for 44a approximately 136 clustered or detached fesidential
single family dwelling units at a density of U 8.3 du/ac. A maximum of 20% (29 dweIliR!jIlAite) can
be designed as zero lot line, as illustrated in Figures 4-78 and 4-81. Duplex units are not permitted
within this planning area. Minimum lot size shall be 3,000 square feet.
The transfer of dwelling units from other Planning Areas may occur into Planning Area 12 provided
the following conditions are met:
1. The product mix shall not be changed as discussed in the above paragraph.
2. The total number of units within the project shall not exceed 2,015 dwelling units.
3. The total number of units proposed within this planning area shall not exceed 174 units
which is based on the smaller of the following:
3.1 A 20% increase in the number of the approved units within this planning area (174
units), or
3.2 By applying the General Plan Medium Density of 12 dwelling units per acre to the
net acres of this planning area (180 units).
3.12.2 Land Use and Development Standards
Please refer to Section 5.0, Specific Plan Zoning Ordinance.
3.12.3 Planning Standards
Circulation Standards
1. Access to the planning area will be provided from "A" Street and "B" Street as illustrated in
Figure 3-10. The access off of "A" Street will be exit only. The exact location and number of
access points for this planning area shall be reviewed and approved by the City at the
tentative tract map stage. Access points shall be designed and located to provide adequate
and safe access through adjacent planning areas from a traffic and fire safety standpoint.
2. Secondary access shall be provided into Planning Area 12 prior to the issuance of the 34th
building permit in either planning area. The location and design of the secondary access
shall be subject to approval by the City.
Landscaoe and Recreation Standards
3. Two Card Key Gated Secondary Entries, as illustrated in Figure 4-1 and 4-22D, will be
provided off of "A" Street and "B" Street into the planning area.
4. Two Auto and Pedestrian Gated Entries, as illustrated in Figure 4-20C, shall be provided
behind the Card Key Gated Secondary Entry at "A" Street and "B" Street.
5. Landscape treatments, as illustrated in the Landscape Master Plan (Figures 2-13, 4-23F, 4-
30A, 4-30B and 4-31), shall be provided along Butterfield Stage Road, "A" Street and "B"
Street.
6. A Primary Project Monumentation will be provided at the intersection of Nicolas Road and
Butterfield Stage Road as illustrated in Figures 4-1 and 4-17.
7. One paseo, as illustrated in Figures 3-10 and 4-38, will be provided at the southern
RoripauQh Ranch Specific Plan, Amendment No.1 15
December I 2004
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SECTION III
PLANNING AREAS AND DEVELOPMENT STANDARDS
perimeter of the planning area connecting to Nicolas Road.
8. Front yard landscaping as illustrated in Figures 4-85 through 4-89 shall be installed by the
merchant builder and maintained by the HOA.
Walls and Fences Standards
9. A Project Wall, as illustrated in the Walls and Fences Master Plan (Figures 2-14 and 2-15),
shall be located along the entire perimeter of the planning area.
Miscellaneous Standards
10. Prior to approval ofthe precise grading plan, a noise mitigation analysis shall be performed
for residences within 200 feet of the edge of right-of-way of Murrieta Hot Springs Road,
Butterfield Stage Road, "North Loop Road", "South Loop Road" or any other noise sensitive
uses on the project site potentially exposed to exterior noise levels. The analysis must
demonstrate that planned noise protection will meet City standards to the satisfaction ofthe
Community Development Department.
11. Please refer to Section 2.1 through Section 2.10 for the following Development Plans and
Standards that apply site-wide.
2.1 Comprehensive Land Use Plan
2.2 Circulation Master Plan
2.3 Drainage Master Plan
2.4 Water Master Plan
2.5 Sewer Master Plan
2.6 Grading Master Plan
2.7 Phasing Plan-Public and Private
Facilities
2.8 Open Space Recreation and
Trails Master Plan
2.9 Landscape Master Plan
2.10 Walls and Fences Master Plan
12. Please see Section 4.0 (Design Guidelines) for criteria related'to the development of
Planning Area 12.
Timina and Responsibility of Improvements
13. Please see Section 6.0 (Timing and Responsibility of Improvements) for phasing of
improvements within Planning Area 12.
Roripaugh Ranch Specific Plan, Amendment No.1
16
December, 2004
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SECTION III
PLANNING AREAS AND DEVELOPMENT STANDARDS
3.24 PLANNING AREA 27
3.24.1 Descriptive Summary
Planning Area 27, as depicted on Figure 3-22, provides for development of ~ 21.1 acres as a
Community Sports Park aRs 1.4 aeres fer flees eeRtrel pUFpeses. A conceptual site plan of the
Community Sports Park is depicted in Figure 4-3 of Section 4.0, Design Guidelines.
3.24.2 land Use and Development Standards
Please refer to Section 5.0, Specific Plan Zoning Ordinance.
3.24.3 Planning Standards
Circulation Standards
1. One access to the planning area will be provided from "North Loop Road" along the northern
perimeter of the planning area. The exact location and number of access points for this
planning area shall be subject to review and approval by the City at the tentative tract map
stage. Access points shall be designed and located to provide adequate and safe access
through adjacent planning areas from a traffic and fire safety standpoint.
2. Since there will be a median island located in "South Loop Road", the access into this
planning area is not required to be located directly across from the access into Planning
Area 14.
Landscape and Recreation Standards
3. A North and South Loop Road Treatment, as illustrated in the Landscape Master Plan
(Figures 2-13 and 4-28), shall be provided along "North Loop Road".
'4. A Primary Project Monumentation, as illustrated in Figures 4-2 and 4-17, shall be provided
at the intersection of Butterfield Stage Road and "North Loop Road".
5. A River Walk will be provided along the southern perimeter of this planning within the Long
Valley Wash as illustrated in Figures 3-21, 4-13 and 4-14.
6. A Bridge Monumentation, as illustrated in Figures 4-2, 4-20A and 4-20B, shall be provided
on "North Loop Road" over the Santa Gertrudis Creek.
7. A Parkway Street Tree Treatment, as illustrated in the Landscape Master Plan (Figure 2-13
and 4-23C), shall be provided along Butterfield Stage Road.
8. The sports park will be developed, including permanent utilities and the completion of the
90-day maintenance period to the satisfaction of the Community Services Director, and the
grant deed accepted by the City Council prior to the issuance of the 700th building permit.
This park will be maintained by the TCSD.
9. This is a ~ 21.1 acre active. community park serving primarily the entire area of
Roripaugh Ranch. This park site shall be fully improved and conveyed to the City of
Temecula. The Community Sports Park, as illustrated in Figures 3-22 and 4-3, shall include,
but not limited the recreation amenities listed in 4.2.1 - Community Sports Park.
10. A Paseo Entry Gate (Card Keyed), will be provided at the southeastern corner of the park
off the River Walk as illustrated in Figures 4-3 and 4-37.
Roripaugh Ranch Specific Plan, Amendment No.1
17
December, 2004
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SECTION III
PLANNING AREAS AND DEVELOPMENT STANDARDS
Walls and Fences Standards
11. A View Fence, as illustrated in the Walls and Fences Master Plan (Figures 2-14 and 2-16),
shall be located along the southern and eastern perimeters of the planning area. A gate
shall also be provided along the southeastern perimeter of the planning area as illustrated in
Figure 4-3.
12. A View Fence, as illustrated in Figures 2-14, 2-16, 4-3 and 4-20A will be provided, along the
perimeter of the flood control channel within this planning area.
Miscellaneous Standards
13. Please refer to Section 2.1 through Section 2.10 for the following Development Plans and
Standards that apply site-wide.
2.1 Comprehensive Land Use Plan
2.2 Circulation Master Plan
2.3 Drainage Master Plan
2.4 Water Master Plan
2.5 Sewer Master Plan
2.6 Grading Master Plan
2.7 Phasing Plan-Public and Private
Facilities
2.8 Open Space Recreation and
Trails Master Plan
2.9 Landscape Master Plan
2.10 Walls and Fences Master Plan
14. All plans and facilities shall be reviewed and approved by the' Director of Community
Services prior to approval of the final map. Facilities shall be oriented toward active uses
containing lighted ball fields and soccer fields.
15. Please see Section 4.2.1 (Park Design Guidelines) for criteria related to the development of
Planning Area 27.
16. ^pll'eximately 1 A aGree aejaeeRt te "Nelth Leep Reae" aRe B~tlerfiele Stalle Reael'lill be
devetee fer Fleee CeRIFel p~rpesee (see Fill~re 4 3). This area will be maiRtaiRee by the
He!" er ether respeRsible party aGGeptable te the City.
Timina of Improvements
17. Please see Exhibit A (Timing of Improvements) for phasing of improvements within
Planning Area 27.
Roripau~h Ranch Specific Plan, Amendment No.1
18
December, 2004
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SECTION IV
DESIGN GUIDELINES
OVERVIEW
Section IV of the Specific Plan Amendment Addendum contains the modifications to the language and
Figures for the Fuel Modification of Open Space, as it relates to Planning Areas 10, 13, 14, 15, 16, 17
and 19 and Figures 4-34A, 4-34B-l, 4-348-2, 4-34C-l and 4-34C-2. This Section also contains
modifications to the Architectural Design Guidelines text and Figures for the architectural styles that will
be encouraged in the Specific Plan.
4.7 FUEL MODIFICATION OF OPEN SPACE (See Figures 4-34A, 4-348-1, 4-348-2, 4-34C-1 and
4-34C-2)
. The County of Riverside Fire Code requires fuel modification zones be maintained along
residential edges adjacent to natural open space areas. Fuel modification zones represent a
physical separation between development and open space. The purpose of this zone is to
reduce the hazard of wildfires and to provide a natural and visual transition between developed
areas and open space. The County of Riverside Fuel Modification Plan Guidelines is utilized as
the City of Temecula has yet to formally adopt its own guidelines.
The project site is surrounded by existing and proposed development that will eventually reduce
the possibility of a regional wildfire. However; due to open space areas retained by the Land Use
Plan, the possibility of fires will always exist. As a preventative measure to protect against fires
within Roripaugh Ranch project, certain parcels containing open space will be required to set up
a Fuel Modification Zone as shown in Figures 4-34A, 4-348-1, 4-348-2, 4-34C-1 and 4-34C-2.
Figures 4-348-1, 4-348-2, 4-34C-1 and 4-34C-2 have been modified to meet the U.S. Fish
and Wildlife Service requirement that the Fuel Modification Zone not be developed within
the permanent open space areas, rather, it shall be located within the adjacent residential
Planning Areas. The primary criteria for achieving a fire safe buffer in this zone mandates that
fuel load be lessened and the moisture content of the vegetative biomass be increased.
4.7.1 Guidelines
A landscape maintenance program will be established, depicting a Fuel Modification Zone from
the rear of a residential unit to undisturbed open space. The developer shall be responsible for
establishing the Fuel Modification Zones, preparing a plan to implement the fuel modification
and performing the required improvements. The Fuel Modification Plan shall be prepared in
accordance with the County of Riverside Fire Code and reviewed for approval by the Community
Development Director and City of Temecula Fire Department. Maintenance of all fuel
modification areas shall be the responsibility of a master homeowners association. Three fuel
modification zones are proposed as follows:
Zone No. 1 Fuel Modification Zone No. 1 is located along the south and east project
boundaries of the "Valley" (See Figure 4-34C-1, 4-34C-2), and will be established as
follows:
The fuel modification zone width is thirty feet (30') wide and located north of the south
project boundary and west of the east boundary. A meandering fifteen-foot (15') wide
public multi-use trail will run within the fuel modification zone (See Figure 4-34A). The
remaining fifteen feet (15') will consist of slopes that will be graded during construction
and re-vegetated with hydroseeded native non-inrigated low fuel plant material providing
a natural appearance.
Zone NO.2 Fuel Modification Zone NO.2 is located witIiiR adjacent to Planning Area 13
along the north boundary of Planning Areas 14, 15, 16, 17, and 19 of the "Valley" (See
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Figure 4-34C-1 and 4-34C-2), east of the easterly right of way line of Butterfield Stage
Road from North Loop Road to the north project boundary line, the south boundary of
Planning Area 8, the south and east boundaries of Planning Area 9A and the south, east
and west boundaries of Planning Area 9B.
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The fuel modification zone will be a minimum of ORe A~Rsres fifty feet ~(50') wide
exteRsiRll ints tAe spen spaGe areas fr-em and primarily contained within the right of
way of local streets and Butterfield Stage Road and the planning area boundary lines.
The F.ire Marshall has the authority to require additional fuel modification area, on
a case-by-case basis, in order to meet the appropriate fuel modification
requirements. All areas disturbed by project construction will be re-vegetated with
hydroseeded non-irrigated low fuel plant material. All native areas not disturbed by
project construction will be thinned out to lessen the fuel load and increase the moisture
content of the vegetative biomass. Refer to thinning guidelines below.
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Zone No.3 Fuel Modification Zone NO.3 is located in the "Plateau" along the west and
south boundaries of Planning Area 1, the south boundary of Planning Areas 2, 3, and 4A,
the south and east boundaries of Planning Area 4B, and the outer edge of the ten foot
(10') wide nature trail within Planning Area 7 A ans 713.
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The fuel modification zone will vary in width from a minimum of twenty feet (20') to a
maximum of seventy feet (70'). All areas disturbed by project construction will be
landscaped and automatically irrigated. Planter material will consist of native fire
retardant shrubs and ground covers and will be thinned out to lessen the fuel load and
increase the moisture content of the vegetative biomass. Refer to the thinning
guidelines below.
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Thinning Guidelines:
. Selectively remove highly flammable plant species.
. Selectively thin out large, dense groupings of plant materials.
· Remove plant material in a manner that will promote a natural appearance to fuel
modification areas.
· Alterations to existing plant materials to be in compliance with Sub-Regional Habitat
ConselVation Plan (SHCP).
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Rorioauah Ranch Soecific Plan Amendment No.1
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December, 2004
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SECTION IV
DESIGN GUIDELINES
4.10 ARCHITECTURAL DESIGN GUIDELINES
4.10.1 Introduction
These design guidelines will be utilized to direct the future physical development of Roripaugh
Ranch, an 804.7-acre, mixed-use development currently located in the City of Temecula and the
County of Riverside. In order to create a unique community structure, these community
guidelines provide a framework for site planning, the architectural theme and landscaping
relating to the project. The purpose of these guidelines is to assure a high quality community
character and land use compatibility.
4.10.2 Purpose
It is the intent of these guidelines to provide direction on a project-wide level as well as a
planning area and site-specific level. For example, the guidelines establish criteria at the project
level to assure a unified environment, while the planning area and site-specific level individual
projects will be required to comply with relevant design standards applicable to each use.
Although each project should relate to the overall community design theme, these guidelines are
not intended to limit innovative design. The use of these guidelines will serve to direct the overall
design of Roripaugh Ranch and assure a high quality community character, appearance and land
use compatibility. The City of Temecula city staff, Planning Commission, City Council, and other
City decision-making bodies will be providing direction when reviewing development projects
within Roripaugh Ranch.
These guidelines will also serve as design criteria for use by planners, architects, landscape
architects, engineers, builders and future property owners. They will provide a viable framework
and clear direction during the development process, without limiting innovative design. The
result will be a community with a strong sense of identity, character and cohesiveness.
4.10.3 Residential Architectural Standards
4.10.3.1
Design Groups
The intent of these guidelines is to encourage architectural style diversity between the adjacent
residential planning areas. Each builder is required to contact the City Planning Department to
discuss and review any established facade styles in adjacent Planning Areas so as to assist in
the selection of subsequent styles.
. Each Planning Area shall be composed of one of the following Exterior Facade Design
Groups (Groups A through E) consisting of different Architectural Styles. Within each
Residential Planning Area Design Group selected, a minimum of two architectural styles and
a maximum of four styles shall be used. Each style as noted in this section shall have a
minimum of four-color variations for each Residential Planning Area. No more than four of
the same architectural styles may be placed next to one another. Architectural styles
within individual Planning Areas shall be compatible and complimentary to each
other. Sharp contrasts of architectural styles will not be permitted.
. Architectural styles, other than those listed below may be pennitted provided that it
can be demonstrated that the quality and intent of the proposed style is consistent
with the style and that it can be found to be consistent with the other architectural
styles.
Rorioauah Ranch Soecific Plan Amendment No.1
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SECTION IV
DESIGN GUIDELINES
Desion Group A (All Planning Areas)
I. Classical Revival (See Figure 4-49)
II. Spanish Revival (See Figure 4-60)
III. Prairie (See Figure 4-59)
IV. California Ranch (See Figure 4-48)
Desion GrouD B (All Planning Areas)
I. Colonial (See Figure 4-50)
II. French Cottage (See Figure 4-54)
III. East Coast Traditional (See Figure 4-53)
IV. Monterey (See Figure 4-58)
Desion GrouD C (Planning Areas 10, 19, 20, 21, 33A and 33B only)
I. Mediterranean (See Figure 4-56)
II. American Farmhouse (See Figure 4-47)
III. Contemporary Southwest (See Figure 4-51)
Desion Group D (Planning Areas 10, 19, 20, 21, 33A and 33B only)
I. Italianate (See Figure 4-55)
II. Mission (See Figure 4-57)
III. Craftsman (See Figure 4-52)
Desion GrouP E (Acceptable for all Planning Areas)
One style from each of the above groups.
All merchant builders shall submit plans which identity unique aspects of each style to the City
for approval that include text, exhibits and any other materials deemed necessary by the City
indicating how the proposed residences will conform with the architectural styles shown in the
exhibits 4.47-61 listed in Design Groups A through E, and all other design requirements of this
chapter.
4.10.3.2
Submittal and Review Requirements
The following materials shall be submitted for review and confonnance to the Architectural
Guidelines and Specific Plan for the Roripaugh Ranch. The Planning Director may choose to
require additional materials for review.
. Color elevations of all four sides at scale of y." = 1'. Show materials and colors. Provide
dimensions of height and width of major elements. Indicate features that would bring
elevation design into compliance with the Architectural Design Guidelines and the
specific requirements of the Design Groups (Figures 4-47 through 4-60).
. Sections through each elevation at y." = 1 '. Indicate pitch of roof, extent of overhangs,
recess of doors and windows and position of trim, trellis and other major architectural
features in relation to the primary face of the residence.
. Site Plan at 1/8' = 1'. Show, in color and with dimensions the areas and type of paving,
area and type of landscaping, fencing, site walls, and other site appurtenances. Indicate
how the paving and landscaping is consistent with the Architectural Guidelines and
specific requirements of the Design Groups (Figures 4-47 through 4-60). Provide by
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Roricauch Ranch Snecific Plan Amendment No.1
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SECTION IV
DESIGN GUIDELINES
separate sheet, a matrix indicating the percentage of lot coverage, percentage of
impervious paved area and percentage of landscaping.
. Provide a color and materials board of a minimal 18" x 18" size. Indicate all colors and
materials as shown on the color elevations. Provide one board with one reduced color
elevation to indicate conformance with the color variety required by the Architectural
Design Guidelines and specific requirements of the Design Group (Figures 4-47 through
4-60).
Provide two color sets of the above at the scales indicated including a duplicate set of the color
and materials board. In addition, provide six (6) sets of the above in reduced, 11" x 17" black
and white format.
4.10.3.3 Architecture Forward and Garage Standards
The following standards shall apply to all residential Planning Areas, except as specified:
. "Architectural Forward" concept shall be incorporated into 100% of the homes in Planning
Areas10, 19, 20, 21, and 33A. "Architectural Forward" concept shall be incorporated into at
least 50% of the homes in each of Planning Areas lA, 2, 3, 4A, 48, 12, 14, 15, 16, 17, 18,
22, 23, 24, and 31. This concept includes advancing the architecture of the living space
forward on the lot while concurrently, the garage is held in place or further recessed.
Residential dwelling units shall be designed to allow the living portion of the dwelling unit to
be "positioned" forward on the lot so that the architecture of the garage will not dominate the
street scene.
. A variety of garage placement solutions shall be incorporated into the overall design of the
homes. Minimum driveway length from the property line to the garage door shall be eighteen
feet (18') for front-entry garages in all Planning Areas and ten feet (10') from the property
line to the garage edge for side entry garages in the Land LM Districts. Garage solutions
that should be incorporated into the overall design are as follows:
Shallow Recessed Garaaes (See Figure 4-62)
Setting the garage back a minimum of eight feet (8') in relationship to the front
of the house.
Mid to DeeD Recessed Garaaes (See Figure 4-63)
Setting the garage back to the middle or rear of the lot.
Third Car Side Loaded (See Figure 4-64)
Setting for garage with side-loaded entry, This plan can only occur on larger lots.
Side Entrv Garaaes (See Figure 4-65)
The use of side entry garages on lots at least 52 feet wide in order to break the
continuous view of garage doors along the street scene.
Third Car Tandem (See Figure 4-66)
Setting for third car tandem garage.
Sinale Width Drivewavs (See Figure 4-67)
This setting provides a maximum driveway width of twelve (12) feet for adjacent
two-car garage.
Porte Cochere (See Figure 4-68)
Rorioauoh Ranch Soecific Plan Amendment NO.1
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December, 2004
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Setting provides for the incorporation of a porte cochere.
Rorioauah Ranch Scecific Plan. Amendment No.1
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December, 2004
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SECTION IV
DESIGN GUIDELINES
4.10.3.4Streetscene: Design Variation Requirements and Front Yard Landscaping
. The front setbacks of both the garage and living space of adjacent buildings shall vary to
provide visual interest along street scene. See Figures 4-69A through 4-690. Please refer to
Section 5.0, Specific Plan Zoning Ordinance, Table 5-2 for site specific development
standards.
. Provide visual interest along the street scene, a variety of front entry and side entry garages
with varying setbacks shall be utilized. The maximum driveway width at the right-of-way shall
be twenty-four (24) feet. Adequate driveway width shall be used onsite to allow for cars to
back out of a third-car garage. In no case shall there be an alignment of three garage
openings either paired or single doors.
. Where possible and appropriate, variable lot sizes may be used to increase selection and
variety in house and lot size configurations.
. Neighborhoods shall be laid out in a manner which provide connections into the trail and
paseo system as illustrated in Figures 4-12,4-13,4-37 and 4-38.
. The requirement for one-story products shall be aetermiAed by tl1e market sr as aetermiAea
l3y staff as leAll as seme siAllle stery llr-eauGts are requirea iA the siAllle family aelashea
_ provided in accordance with Table 2-2 (Proposed Land Uses by Planning Areas
(PA).
. Architectural styles within individual Planning Areas shall be compatible and
complimentary to each other. Sharp contrasts of architectural styles will not be
permitted.
. Front Yard Landscape and Hardscape:
o Within Planning Areas 12,14,15,22 and 31, all lots shall have builder install, HOA
maintained front yard landscaping.
o Within Planning Areas lA, 2, 3, 4A, 48, 16, 17, 18, 23, and 24 all lots shall have
builder install, homeowner maintained front yard landscaping.
o Within Planning Areas 10, 19, 20, 21, and 33A all lots shall have builder Ihomeowner
installed, homeowner maintained front yard landscaping.
o The following shall apply to all Planning Areas:
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Front yard landscape shall be a minimum of 50% to 75% lawn with the
remaining area devoted to shrubs and ground cover.
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No colored rock, gravel or cobblestone shall be used for ground cover. Salt
and pepper type granite boulders two to three feet in diameter and thickness
may be used as long as they are placed within the landscape in a natural
arrangement and accent the overall landscape theme. No more than two to
three boulders will be allowed per lot.
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Shrub sizes shall be 50% l-gallon and 50% 5-gallon. Quantity shall be one
5-gallon per every 50 square feet and one l-gallon per every 25 square feel
of shrub bed area. Shrubs shall be planted to create a unified design theme
Rorioauah Ranch Soecific Plan Amendment No.1
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and at the base of houses to soften the mass of the structure.
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Ground cover shall be rooted, spaced at a minimum of 8 inches on center
and a maximum of 18" on center subject to the approval of the City's
Landscaped Architect as required by species spacing requirements within
the shrub bed area. Ground cover shall be continuous under all shrubs and
trees. All shrub beds shall be covered with a two-inch layer of one to three
inch appearance grade walk-on bark mulch after installation of ground cover.
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A minimum of one tree shall be installed within the front yard landscaping
except PAs 10, 19, 20, 21, 33A, and 33B require two trees. These trees
shall vary in species from the street tree and shall also vary every third lot in
a row. No fewer than four and no more than eight different species of trees
shall be used. Minimum size of the trees shall be 24" box.
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Street trees shall be planted by the builder along all private streets within all
planning areas and shall be installed with the front yard six feet behind the
Public Utility Easement. See Figures 4-32 and 4-33. There shall be one
street tree per lot for all lots with sixty foot or less front yard widths. All lots
with greater front yard widths shall have additional trees installed at a
maximum spacing of sixty feet. AI stre.et trees shall be installed at a uniform
on center spacing. Comer lots shall have street trees on both street
frontages. Street trees may vary in species within a planning area but only
one tree species will be allowed per street. Planning areas that are
separated by a private street shall have the same street tree on each side of
the street. Minimum size of street tree shall be 24" box. Trees shall be
installed with root barriers. The Homeowners Association shall maintain all
street trees.
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All front yard landscape shall be automatically irrigated to provide 100%
coverage. Inrigation controllers shall be installed for each lot within the
garage portion of the home and shall be connected to the homes electrical
system. Shrub beds systems shall be separately valved from lawn systems.
.
All hardscape (walks and driveways) within the front yard shall be colored
concrete with varying textures and score lines, paving stones of various
colors with colored concrete borders, flag stone of various sizes and colors
with concrete borders or a combination of various textures, shapes, material
and colors. Hardscape design shall be uniform within each lot. Please refer
to Figures 4-85,4-86,4-87,4-88, and 4-89.
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Plans are required to be submitted by the Builder or Homeowner to Ashby
USA, LLC for all landscaping and hardscape with the front yards for all
planning areas. Plans must be prepared and stamped by a licensed
landscape architect registered in the State of California. Ashby USA, LLC
shall review plans and if found acceptable they shall be approved. After
approval by Ashby USA, LLC all landscape and hardscape plans must be
submitted to the City of Temecula for review and approval. All landscape
and hardscape must be installed by Builder or Homeowner and approved by
Ashby USA, LLC and the City of Temecula prior to issuance of the final for
each house.
. Side Yard Landscaping for Corner Lot Conditions
ROriDBuoh Ranch Soecific Plan Amendment NO.1
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SECTION IV DESIGN GUIDELINES
o Corner lot side yards shall have at least two street trees.
o At corner lot side yards, shrubs and ground cover shall be provided in accordance
with the same standards as front yards.
o The responsible parties identified above shall also landscape the parkway adjacent
to the comer lots. The landscaping shall include trees, shrubs, and ground cover.
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Rorioauah Ranch Soecific Plan Amendment No.1
December I 2004
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SECTION IV
DESIGN GUIDELINES
4.10.3.5 Building Elevations
A key technique for creating a sense of variety within a project is to val)' the heights and forms of
the detached homes as seen from the street as illustrated in Figure 4-70 by utilizing the
following:
. Within Low and Low Medium density Planning Areas, utilize both one- and two-stol)'
buildings.
. To improve the visual relationship between adjacent buildings, it is desirable to introduce
intermediate transition between them. Use a one-stol)' architectural element within the two-
stOI)' building to lessen its apparent height.
. Create val)'ing rooflines by maximizing offsets of roof planes.
. Units located at street comers (see Figure 4-70), should be either single-stol)' or have a
significant one-stol)' mass located towards the exterior side yard
Treatment of Mass
. Avoid a canyon-like effect between buildings and allow greater light penetration into what
otherwise might be dark side-yards. At interior side yards, it is required to create the
appearance of increased building separation by stepping the second stOI)' mass away from
the property line or any other substantial articulation.
. Provide trims around windows, to break up the wall plane.
. Avoid long uninterrupted exterior walls.
. Val)' the depth of plans to create variations in the building falfade.
. Two stOI)' homes shall be modified to be compatible with placement on corner lots. The
modification shall create two front elevations.
. Surface detail, ornament and architectural elements such as cornices, color contrast, gables'
applied moldings, arcades, colonnades, stairways and light fixtures that provide visual
interest, shadow, and contrast shall be used to enrich architectural character. Details shall
be integrated with the overall design concept.
. Val)' the height and roof levels of the building or residence so that it appears to be divided
into smaller massing elements. Architectural projections shall be used to achieve this goal.
. Articulate building forms and elevations with val)'ing rooflines, roof overhangs and
intermediate roof elements to create strong pattems of shade and shadow.
Intertockina Mass
. Just as stepping the second stOI)' mass improves the side yard, it can be used to improve
the front yard scene. As an example, the second stOI)' should be set back in relationship to
the garage face or living space below it. .
. The designer should envision the building form as a series of interlocking masses rather than
a rectangular or "L" shaped box. Therefore achieving a more aesthetic design solution.
RoriDauah Ranch $Decific Plan Amendment NO.1
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SECTION IV
DESIGN GUIDELINES
Comer Lots
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. Corner lots shall appear as a second front elevation. Features such as wrap-around porches,
outdoor courtyards and front door entries facing the exterior side yard are strongly
encouraged for those architectural styles that would support these elements.
. One-story mass located towards the exterior side yard shall be incorporated into the design.
Articulation of Side and Rear Elevations
There is a tendency to have "build out" planes maximized on side and rear yards without
articulated treatment of those planes. This results in a two-story stucco effect with no vertical or
horizontal relief. Utilize the following techniques or other acceptable techniques to avoid this
effect:
. Create a single-story plane at the rear by recessing the second story.
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. Utilize other similar architectural treatments and designs such as balconies or pop out
staircases to encourage relief on potential large architectural planes.
. Side and rear elevations shall have articulation with modulated facades, window treatment,
second story projections and balconies.
. Articulation shall be provided on all sides of the homes ("Four-sided Architecture").
Front Elevations
. Architectural projections shall be utilized to emphasize entrances, balconies, and porches.
Fronts of houses shall utilize several architectural features. Ground floor windows shall have
significant trim or relief, second floor overhangs or built in planters. Second story windows
shall have similar treatment to emphasize them.
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. All residences shall incorporate entry courtyards, covered entries or covered porches at the
entry into the design. (See Figure 4-71 and 4-72).
. Details shall be concentrated around entrances. Materials used for the front entry shall be
distinctive.
. Building elements that reflect the architectural style should be incorporated into building
entries, windows, front porches, and living areas directly adjacent to the street.
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. Ornamental features including wrought iron and exterior light features shall be combined with
other features to create interest in the front of the house with architecturally compatible
elements.
4.10.3.6 Architectural Elements
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A successful project design achieves a proper visual balance and sense of cohesiveness. The
differences between the plans and elevation must be readily discernable and create variety, yet
at the same time elements, styles and materials should not contrast to such an extent as to result
in visual chaos. Architectural elements will play a significant role in the establishment of the
29
RoriDauah Ranch Soecific Plan Amendment No.1
December I 2004
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SECTION IV
DESIGN GUIDELINES
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architectural style. Architectural elements shall be incorporated into the design of the
home and shall not appear as "add-ons" or "tack-ons" to the structure. In addition,
specific building elements, to include, but not be limited to the fOllowing shall contribute
to the representation of the architectural style: doors, entries, garage doors, chimneys,
chimney caps windows, window sills and others. These elements include architectural
detailing, colors and materials, and other site structures. The required Architectural and design
elements techniques are as follows:
Unit Entries (See Figures 4-71 and 4-72)
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The entry serves several important architectural and psychological functions: it identifies and
frames the front doorway; it acts as an interface between the public and private spaces; and it
acts as an introduction to the structure while creating an initial impression.
. The entry shall be designed and located so as to readily emphasize its prime functions.
Accent materials are encouraged to be used to further emphasize the entries.
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. If the front door location is not obvious or visible because of building configuration, the entry
shall direct and draw the observer in the desired path. The design of the entry area in
merchant-built housing shall be strong enough to mitigate the impact of the garage on the
facade.
. Entry doors and doorways shall be proportional to the architectural style of the structure.
. Covered entries, courtyards and porches shall be provided as entry elements.
Doors
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Emphasis shall be placed on the design and type of entry door used. It functions as the major
introduction to the interior of the house and concern should be given on the image it creates.
. Either single or double doors are appropriate.
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. The door shall be covered by an overhead element or recessed a minimum of 3 ft into the
wall plane.
. The entire door assembly shall be treated as a single design element including surrounding
frame, molding and glass sidelights.
. Recessed doors may be used to convey the appearance of thick exterior doors.
. Wood may be used for the entry door. Wood grain texture and raised or recessed panels
contribute to the appeal of the door. Greater use is being made of metal entry doors but in
order to be acceptable, they shall possess the same residential "feel" provided by the wood
grain and panels.
. Doorways shall be typically rectangular or round-headed and fully recessed. Spiral columns,
arches, pilaster, stonework, decorative tiles, or other sculptural details shall be integrated
into the doorway design to enhance the visual importance of the entry door.
. The use of glass in the door and overall assembly is encouraged. It expresses a sense of
welcome and human scale. It can be incorporated into the door panels or expressed as
single sidelights, double sidelights, transom glass or fan windows.
Roricauah Ranch Soecific Plan Amendment NO.1
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December I 2004
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SECTION IV
DESIGN GUIDELINES
. Flexibility is allowed conceming the color of the door. It may match or contrast the accent
trim, but should be differentiated from the wall color.
Windows
. Typically, the location of windows is determined by the practical consideration of room
layout, possible fumiture placement, view opportunities and concem for privacy. Greater
design emphasis should be directed to ensure that window placement and organization will
positively contribute to the exterior architectural character. Windows greatly enhance the
elevation through their vertical or horizontal grouping and coordination with other design
elements. This relationship to one another and the wall/roof plane creates a composition
and sense of order.
. All windows in a specific plan elevation shall be integrated into the architecture of the
building. . This should not be interpreted that they are all the same shape, size or type but
rather that a hierarchy of windows exists that visually relates and complements one window
to another.
. Windows shall be recessed to convey the appearance of thick exterior walls. Non-recessed
windows shall be surrounded with articulated architectural elements such as wood trim,
stucco surrounds, shutters or recessed openings, shutters, pot shelves, ledges, sills plantons,
and rails that compliment the architecture.
. Merchant-built housing occasionally fails to adequately address proper window design and
placement on rear and side elevations. This is usually due to prioritization, maintenance and
cost factors. Since side elevations and second story rear windows are frequently visible,
greater design effort and budget prioritization need to be given.
Garaoe Doors (See Figure 4-73)
. Utilizing garage types that compliment the architecture, door designs, and plotting
techniques will do much to lessen the repetitious garage doors marching down both sides of
a residential street. Variations include:
o Employment of second-story feature windows above the garage.
o Strong architectural entry elements.
o Designs with a mix of 2 and 3 car garages, incorporating three single doors in some
three car garage plans not facing the street.
o Allowance for a 1 O-foot setback between adjacent garages.
o The use of tandem garages may also be incorporated into the building design.
o Garage plans with a double door and a single door plan shall not be placed next to
each other.
. If applicable, where lot width permits plans should include swing-in or side entry garages with
reduced front yard setbacks of ten (10) feet.
. The design of the garage door shall relate to the ovenill architectural design of the
residence. Colors shall be from the same paint palette.
Rorioauah Ranch Soecific Plan Amendment NO.1
31
December, 2004
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SECTION IV
DESIGN GUIDELINES
. Omamentation of garage doors shall be provided to add visual interest from the street
scene.
. The use of the sectional, wood or metal, rolling garage door is required since it maximizes
the availability of useable driveway length.
. Several different panel designs shall be utilized for any project proposed by each merchant
builder. Metal doors shall only be used when they include either texture or raised panels of a
"residential" nature. The use of window elements is encouraged.
. The design of the door face shall result in a treatment which breaks up the expanse of the
door plane while being complimentary to the architectural elevation of the residence.
Architectural detail consisting of comices, applied molding or trim or applied headers shall be
used. There shall be an 8" recess. (See Exhibit 4-73).
Rorioauah Ranch SDecific Plan. Amendment NO.1
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December, 2004
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SECTION IV
DESIGN GUIDELINES,
4.10.3.7 Residential Roof Fonn
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Allowable Roof Pitch (See Figure 4-74)
. Allewable reef Jlitshes ef 3:12 te 1:12 shall be ~sell. Allewable reef Jlilshes ever balseRies
aReler Jlershes may be 2:12. Roof pitches shall be consistent with the proposed
architectural style.
. A single roof pitch should be used on opposite sides of a ridge. Shallow pitches tend to
lessen the apparent building mass.
Roof TVDes
The use of different roof types will add variety and interest to the street scene. Changing the
roof form on a given plan is the best method of creating altemative elevations. However, the
roof characteristics should be consistent with the historical style that is chosen.
. Hip, gable and shake-like material shall be used separately or together on the same roof.
Avoid a canyon effect in side yards when both buildings have front-to-rear gables, by
providing dormer or hip elements.
. Repetitious gable ends along rear elevations shall be avoided. Roof forms with pitch
changes at a porch or projection are preferable.
. Roof forms having dual pitches such as Gambrel or Mansard shall not be used.
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. Maximize variations in rooflines by offsetting roof planes and combining single-story
elements with two-story elements. Long uninterrupted rooflines should be avoided.
Mechanical equipment is not permitted on roofs.
DesiQn of Rakes and Eaves
. The designer may choose from a variety of rake and eave types based on climatic and
stylistic considerations. .
. Moderate or extended overhangs are acceptable if proper1y designed. Tight fascia with
appropriate style are acceptable.
. Single or double fascia boards, exposed rafters, or fascias with planscias when adequately
scaled, are acceptable.
. Care shall be taken to ensure that material sizes avoid a weak or flimsy appearance.
OverhanQ Proiections and Covered Porches
. Substantial overhangs are required as a response to solar and climatic conditions.
. The inclusion of covered porches and entries are required as par1 of the product mix. They
expand sheltered living space, create entry statements and provide elevation/relief.
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. Rear covered porches may differ from the roof in both pitch and material, but front porches
should retain at least one of these two characteristics.
Rorioauah Ranch Soecific Plan Amendment No.1
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December I 2004
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SECTION IV
DESIGN GUIDELINES
Steppina the Roof Form
. Steps in the roof respond to the interior room arrangement and provide visual relief and
interest.
. A vertical step within the ridgeline should be at least 12" - 18" in order to create visual
impact and allow for adequate weatherproofing.
Solar Panels (See Figure 4-75)
. Solar panels shall be parallel to the roof slope and integrated into the roof design.
. The frames shall either match the roof or fascia color.
. Support equipment shall be enclosed and screened from view.
Rorioauah Ranch Soecific Plan Amendment NO.1
34
December, 2004
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SECTION IV
DESIGN GUIDELINES
4.10.3.8 Accessory Items
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Patio Covers. Trellises
Patio covers, trellises, pergolas or similar exterior structures when used shall reflect the
character, color and materials of the building to which they are related.
. Supports and framing members shall confonm the guideline criteria for columns and posts.
. The pitch of the patio roof shall be less than the adjacent building.
. Materials of accessory structures are limited to, and compatible with, the dwelling's exterior
siding, trim and roof material.
Mailbox Structures (See Figure 4-76)
Individual and group mailbox structures shall reflect the architecture and the community. This
can be either the streetscape theme of the project or individual architectural detailing of the
adjacent dwelling.
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When common mailbox service is provided, their location shall be near either the project entry or
recreation facility. Their location shall minimize visual impact while ensuring easy accessibility.
Air Conditionina Units (See Figure 4-77)
All mechanical equipment should be screened from public view. Further consideration should be
given as to air conditioning unit pad placement within the rear yand to minimize impact on yand
use and layout.
Awninas
Canvas awning of solid accent color may be permitted with moderation. Metal awnings are
penmitted as long as they match the architecture. The decision to provide awnings shall include
consideration of their maintenance and deterioration for projects without maintenance
associations. The continuous maintenance of the awning shall be required through the HOA CC
& R's to ensure their intended appearance.
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RoriDauah Ranch Soecific Plan Amendment No 1
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December, 2004
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SECTION IV
DESIGN GUIDELINES
4.10.3.9 Materials and Colors
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The appropriate selection of materials and colors will produce homes that possess their own
individual identity, while remaining compatible with the surrounding residences and contributing
to the overall quality of the community.
. Exterior Plaster (stucco) is an acceptable exterior building material, with smooth or other
light finish texture. Heavy texture is not permitted.
. Use of wood, pre-cast concrete, stone/stone veneer, and tile is acceptable, when in
conformance with the overall building design.
. Exterior surfaces shall have only a limited number of colors, one or two base colors and two
or three trim accent colors.
. Exterior building materials shall be natural materials which reflect the rural character of the
surrounding hillside environment.
. Color is intended as a primary theme element of the community consistent with the building
materials and compatible with the indigenous elements of the environment. Accents are
encouraged which are lighter or darker to highlight the character of the structure. Bright and
non-earth tone colors are not permitted except as accents.
Roof Material
It is neither necessary nor desirable that the community should have a single type or color of
roof. Use of a single color or roof type creates a sense of monotony that contributes to a
monolithic appearance when viewed from a distance. Clay tile, concrete tile and comparable
appearing materials are acceptable roofing materials. Fiberglass and aluminum roofing is
prohibited.
. Roof colors shall relate to the wall and fascia color. Roofs shall be of a generally neutral
tone while avoiding high contrast or blatant colors such as bright red, deep orange, or
ceramic blue. Tile roofs shall consist of a blend with one color being more neutral. Medium
to strong color contrasts within the blend shall be avoided. Vents shall be of the same color
as the surrounding roof surface.
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Rorioauah Ranch 50ecific Plan Amendment No.1
December, 2004
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Figure 4-47
AMERICAN FARMHOUSE
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REQUIRED STYLE CORE ELEMENTS
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Simple 2-stol)' massing
8:12 to 9:12 roof pitch
Front to back main gable roof
12' overhangs
Architectural quality asphalt shingles or smooth flat concrete tiles
Light to medium sand finish stucco
Vertical multi-paned windows
White vinyl wrap aluminum windows
2 x 4 wood-appearance window and door trim
Porches with simple wood columns
Covered porches with wood railings
Garage door patterns cornplimental)' to style
One body color and two accent colors
ADDITIONAL STYLE ELEMENTS
Side elevation gable fonn
Main gable roof with one large intersecting gable roof
Horizontal siding accents
Built up header trims at front windows
Shaped wood columns with knee braces
Porte-Cochere
Three accent colors
Notes:
1. The architectural drawing is intended to demonstrate a style and architectural features. The drawing is
meant to be inspirational; it is not meant to be replicated or construed as a rigid formula for design.
Elevations may be modified, when necessary, to accommodate for varying lot sizes, widths, and depths;
however, all of the Required Style Elements shall be utilized unless the Director determines they are
inappropriate or do not lead to creating an architecturally valid style. Please see Section 4.10
Architectural Design Guidelines, specifically Sections 4.10.3 through 4.10.3.9 for a detailed discussion
of the architectural standards, design groups, elevations, roof forms, and materials and colors.
2. Required and Additional Style Elements shall appear as an integral part of the home, rather than a tack-
on feature.
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Figure 4-47a
INSPIRATIONAL PHOTOS
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Figure 4-48
CALIFORNIA RANCH
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REQUIRED STYLE CORE ELEMENTS
. Plan fomn massing with a vertical and an horizontal break
. 6:12 to 12:12 roof pttch
. 12' to 18' overhangs
. Concrete roof tile with shingle look
. Front to back gable or hip roof with intersecting hip or gable roofs
. Blended stucco and siding
. Multi paned windows
. Whtte vinyl wrap aluminum windows
. Domner shapes facing street
ADDITIONAL STYLE ELEMENTS
. Full wood porches and or wood balconies
. Stone at base of house
. Enhanced window and door trim
. Garage door patterns complimentary to style (may include windows)
. Whtte detailing trims
. Porte-Cochere
Notes:
1. The arch~ectural drawing is intended to demonstrate a style and architectural features. The drawing is
meant to be inspirational; it is not meant to be replicated or construed as a rigid formula for design.
Elevations may be modified, when necessary, to accommodate for varying lot sizes, widths, and depths;
however, all of the Required Style Elements shall be utilized unless the Director determines they are
inappropriate or do not lead to creating an architecturally valid style. Please see Section 4.10
Architectural Design Guidelines, specifically Sections 4.10.3 through 4.10.3.9 for a detailed discussion
of the architectural standards, design groups, elevations, roof forms, and materials and colors.
2. Required and Additional Style Elements shall appear as an integral part of the home, rather than a tack-
on feature.
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Figure 4-48a
INSPIRATIONAL PHOTOS
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Figure 4-49
CLASSIC REVIVAL
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REQUIRED STYLE CORE ELEMENTS
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. One to two story construction
. Hipped roof or elongated hip with narrow ridge
. Roof often has small square hipped dormers
. Steep p~ch roof often with Bellcast shape
. Rectangular massing with boxy quality
. Centered or off-set open half porch
. Use of wide classical columns on porch
. Average cornice height of 12 feet
. Wide bracketed and decorative eaves
. Large, imposing entry with wide, heavy doors
. Windows are usually individually spaced at regular intervals
. Wood clapboard siding or stucco
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ADDITIONAL STYLE ELEMENTS
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. Ornamental capitals on columns
. Victorian-like embellishments in gable
. Gabled attic dormer
. Doors with sidelights
. Porte-Cochere
Notes:
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1. The architectural drawing is intended to demonstrate a style and architectural features. The drawing is
meant to be inspirational; it is not meant to be replicated or construed as a rigid formula for design.
Elevations may be modified, when necessary, to accommodate for varying lot sizes, widths, and depths;
however, all of the Required Style Elements shall be utilized unless the Director determines they are
inappropriate or do not lead to creating an architecturally valid style. Please see Section 4.10
Architectural Design Guidelines, specifically Sections 4.10.3 through 4.10.3.9 for a detailed discussion
ofthe architectural standards, design groups, elevations, roof forms, and materials and colors.
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2. Required and Additional Style Elements shall appear as an integral part of the home, rather than a tack-
on feature. .
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Figure 4-49a
INSPIRATIONAL PHOTOS
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Figure 4-50
COLONIAL
REQUIRED STYLE CORE ELEMENTS
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. Plan fonn massing and simple roof design
. 2-story vertical stacking floors
. 4:12 to 6:12 roof pitch
. 0" to 12" overhands
. Front to back gable roof
. Architectural quality wood-appearance or asphalt shingles or smooth flat concrete tiles
. Fine to light sand finish or light lace finish stucco
. Vertical multi-paned windows
. 2x4 wood window and door trim
. White vinyl wrap aluminum windows
. Entry cover porches with simply trimmed wood columns
. Garage door patterns complimentary to style
. Roundattic Vents and gable ends
. One body color and two accent colors
. Chimneys located central or at the end of the structure
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ADDITIONAL STYLE ELEMENTS
. Entry door cover
. Vertical batten doors
. Front to back gable roof with one or two intersecting gable roofs
. Blended horizontal siding and stucco
. Bay windows
. Double layered window and door trim surrounds
. Full porches
. Shutters and layered header trim at front elevation
. Brick accents at first floor
. Three accent colors
. Porte-Cochere
Notes:
1. The architectural drawing is intended to demonstrate a style and architectural features. The drawing is
meant to be inspirational; it is not meant to be replicated or construed as a rigid formula for design.
Elevations may be modified, when necessary, to accommodate for varying lot sizes, widths, and depths;
however, all of the Required Styie Elements shall be utilized unless the Director determines they are
inappropriate or do not lead to creating an architecturally valid style. Please see Section 4.10
Architectural Design Guidelines, specifically Sections 4.10.3 through 4.10.3.9 for a detailed discussion
of the architectural standards, design groups, elevations, roof forms, and materials and colors.
2. Required and Additional Style Elements shall appear as an integral part of the home, rather than a tack-
on feature.
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Figure 4-50a
INSPIRATIONAL PHOTOS
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Figure 4-51
CONTEMPORARY SOUTHWEST
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REQUIRED STYLE CORE ELEMENTS
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. Simple one to three story structures
. Flat roof shape, varying heights
. Parapet roofs of varying heights
. Rounded edges or corners
. Deep set windows and doors
. Doors and windows flush with wall surface
. Divide pane windows
. Trellis beam details
. Vertical multi-paned windows at front elevations
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ADDITIONAL STYLE EL~MENTS
. Detail defining entries
. Arched covered entries
. Stucco columns or posts
. Wood columns or posts
. Wood trim around doors and windows
. Delicate wood molding or accents
. Ceramic tile or wrought iron accents
. Porte-Cochere
Notes:.
1. The architectural drawing is intended to demonstrate a style and architectural features. The drawing is
meant to be inspirational; it is not meant to be replicated or construed as a rigid formula for design.
Elevations may be modified, when necessary, to accommodate for varying lot sizes, widths, and depths;
however, all of the Required Style Elements shall be utilized unless the Director determines they are
inappropriate or do not lead to creating an architecturally valid style. Please see Section 4.10
Architectural Design Guidelines, specifically Sections 4.10.3 through 4.10.3.9 for a detailed discussion
of the architectural standards, design groups, elevations, roof forms, and materials and colors.
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2. Required and Additional Styie Elements shall appear as an integra' part of the home, rather than a tack-
on feature.
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INSPIRATIONAL PHOTOS
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Figure 4-52
CRAFTSMAN
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REQUIRED STYLE CORE ELEMENTS
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. Simple 2 story boxed massing
. 3 Yz:12 to 4 Yz:12 roof pitch
. 18" to 24" overhangs at front elevation
. Architectural quality asphalt shingles or shingle texture flat concrete tiles
. Basic gable roof side to side
. Light to medium sand finish or California Monterey finish
. Vertical shaped mullioned windows
. White vinyl wrap aluminum windows
. Porches with square columns or posts
. Shaped wood appearance header trim at windows and doors
. Simple knee braces or outlookers
. One body color with two accent colors
ADDITIONAL STYLE ELEMENTS
.
Varied plan shapes
Varied porch roof-shed or gabled
Stone veneer base accent at column
Feature ribbon windows.2 paired or more
Full porches with square columns or posts on stone piers
Classically styled columns
Battered columns
Blended stone and brick chimney
Decorative beams
Porte-cochere .
Two body colors
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.
.
Notes:
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1. The architectural drawing Is intended to demonstrate a style and architectural features. The drawing is
meant to be inspirational: it is not meant to be replicated or construed as a rigid formula for design.
Elevations may be modified, when necessary, to accommodate for varying lot sizes, widths, and depths;
however, all of the Required Style Elements shall be utilized unless the Director determines they are
inappropriate or do not lead to creating an arcMecturally valid style. Please see Section 4.10
Architectural Design Guidelines, specifically Sections 4.10.3 through 4.10.3.9 for a detailed discussion
oflhe architectural standards, design groups, elevations, roof forms, and materials and colors.
2. Required and Additional. style Elements shall appear as an integral part of the home, rather than a tack-
on feature.
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Figure 4-52a
INSPIRATIONAL PHOTOS
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Figure 4-53
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EAST COAST TRADITIONAL
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REQUIRED STYLE CORE ELEMENTS
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. Plan form massing with a vertical and an horizontal break
. 6:12 to 12:12 roof pitch
. 18" to 24" overhangs
. Concrete roof tile with shingle look
. Front to back gable or hip roof with intersecting hip or gable roofs
. Blended stucco and siding, with primary use of siding
. Stucco used as an accent material
. White vinyl wrap aluminum windows
. Decorative accent windows
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ADDITIONAL STYLE ELEMENTS
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. Full wood porches and or wood balconies
. Simplified versions of Colonial cornice trim at gable ends
. 2x6 wood windows and door trim
. Garage door patterns complimentary to style
. Bay windows
. Porte-cochere
. White detailing trims
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Notes:
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1. The architectural drawing is intended to demonstrate a style and architectural features. The drawing is
meant to be inspirational: it is not meant to be replicated or construed as a rigid formula for design.
Elevations may be modified, when necessary, to accommodate for varying iot sizes, widths, and depths;
however, all of the Required Style Elements shall be utilized unless the Director determines they are
inappropriate or do not lead to creating an architecturally valid style. Please see Section 4.10
Architectural Design Guidelines, specifically Sections 4.10.3 through 4.10.3.9 far a detailed discussion
of the architectural standards, design groups, elevations, roof forms, and materials and colors.
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2. Required and Additional style Elements shall appear as an integral part oflhe home, rather than a tack-
on feature.
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Figure 4-53a
INSPIRATIONAL PHOTOS
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Figure 4-54
FRENCH COTTAGE
C21
"':-4'
--.--."
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REQUIRED STYLE CORE ELEMENTS
. Rectangular plan form massing with one offset entry
. Main roof hip only
. 8:12 to 12:12 roof pitch
. Architectural quality wood appearance or elements
. Light to medium sand finish or light lace finish stucco
. Vertical shaped mullions and simple wood 2x trim at front elevation and at high
visibility areas
. White vinyl wrap aluminum windows
. Stucco over foam window and door trim
. Entry accents with real or faux stone
. Entry porches with columns
. Garage door patterns to compliment style
. One body color with one color accent on front door
ADDITIONAL STYLE ELEMENTS
. Rectangular plan form massing with porte-cochere
. Main roof hip with small dormers or steep 2nd story roof breaking over 1 st story
. Asphalt shingles or smooth flat concrete tiles
. Bay windows
. Full or partial porches with wood-appearance columns
. Stone veneer chimney
. Wrought iron balconies and pot-shelves
. Two accent colors
. Porte-cochere
Notes:
1. The architectural drawing is intended to demonstrate a style and architectural features. The drawing is
meant to be inspirational: it is not meant to be replicated or construed as a rigid formula for design.
Eievations may be modified, when necessary, to accommodate for varying lot sizes, widths, and depths;
however, all of the Required Style Elements shall be utilized unless the Director determines they are
inappropriate or do not lead to creating an architecturally valid style. Please see Section 4.10
Architectural Design Guidelines, specifically Sections 4.10.3 through 4.10.3.9 for a detailed discussion
of the architectural standards, design groups, elevations, roof forms, and materials and colors.
2. Required and Additional Style Elements shall appear as an integral part oflhe home, rather than a tack-
on feature.
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Figure 4-54a
INSPIRATIONAL PHOTOS
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Figure 4-55
IT ALlANA TE
REQUIRED STYLE CORE ELEMENTS
. 2 story massing with one vertical and one horizontal break
. Main hip roof with minor intersecting hip roofs
. 3 Yz:12 to 4 Yz:12 roof pitch
. 24" overhangs, stucco soffits
. "SO shaped concrete tiles
. Fine to light sand finish or light lace finish stucco
. Vertically hung 9 and 12 paned windows at front elevation and in high visibility areas
. Often ganged in pairs
. White vinyl wrap aluminum windows
. Arched top accent windows
ADDITIONAL STYLE ELEMENTS
. Tapered round or square simple stucco columns
. Shutters
. Entry porch
. Belt course trim
. Mid value saturated colors
. Porte-cochere
Notes:
1. The architectural drawing is intended to demonstrate a style and architectural features. The drawing is
meant to be inspirational; it is not meant to be replicated or construed as a rigid formula for design.
Elevations may be modified, when necessary, to accommodate for varying lot sizes, widths, and depths;
however, all of the Required Style Elements shall be utilized uniess the Director determines they are
inappropriate or do not lead to creating an architecturally valid style. Please see Section 4.10
Architectural Design Guidelines, specifically Sections 4.10.3 through 4.10.3.9 for a detailed discussion
of the architectural standards, design groups, elevations, roof forms, and materials and colors.
2. Required and Additional Style Elements shall appear as an integral part of the home, rather than a tack-
on feature.
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Figure 4-55a
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INSPIRATIONAL PHOTOS
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Figure 4-56
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MEDITERRANEAN
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REQUIRED STYLE CORE ELEMENTS
. 2 story massing with one vertical and one horizontal break
. Main hip roof with minor intersecting hip roofs
. 3 Yz:12 to 4 Yz:12 roof pitch
. 24" overhangs, stucco soffits
. "SO shaped concrete tiles
. Fine to light sand finish or light lace finish stucco
. Vertically hung 9 and 12 paned windows at front elevation and in high visibility areas
. Often ganged in pairs
. White vinyl wrap aluminum windows
. Arched top accent windows
. Decorative tile accents
ADDITIONAL STYLE ELEMENTS
. Tapered round or square simple stucco columns
. Arched entry porch
. Furred out windows
. Ceramic or wrought iron accents
. Belt course trim
. Mid value saturated colors
. Porte-Cochere
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Notes:
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1, The architectural drawing is intended to demonstrate a style and architectural features, The drawing is
meant to be inspirational; it is not meant to be replicated or construed as a rigid formula for design,
Elevations may be modified, when necessary, to accommodate for varying lot sizes, widths, and depths;
however, all of the Required Style Elements shall be utilized unless the Director determines they are
inappropriate or do not lead to creating an architecturally valid style, Please see Section 4,10
Architectural Design Guidelines, specifically Sections 4,10,3 through 4,10,3,9 for a detailed discussion
of the architectural standards, design groups, elevations, roof forms, and materials and colors,
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2, Required and Additional Style Elements shall appear as an integral part of the home, rather than a tack-
on feature.
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Figure 4-56a
INSPIRATIONAL PHOTOS
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Figure 4-57
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MISSION
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REQUIRED STYLE CORE ELEMENTS
I
. 2 story massing with strong one story element usually containing an arched component
. 4:12 to 5:12 roof pitch
. 12" to 18" overhang
. Simple hip or gable roof with one intersecting gable roof
. Barrel or "SO shape concrete tiles
. Wrought iron accents
. Exposed rafter tails
. Fine to light sand finish or light lace finish stucco
. Vertically hung 9 and 12 paned windows at front elevation and in high visibility areas
. Often ganged in pairs
. Decorative tile accents
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ADDITIONAL STYLE ELEMENTS
I
. White vinyl wrap aluminum windows
. Stucco over foam window and door trim
. Arched stucco column porches
. Garage door patterns complimentary to style
. White tone body with accent trim
. Porte-Cochere
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Notes:
I
1, The architectural drawing is intended to demonstrate a style and architectural features, The drawing is
meant to be inspirational; it is not meant to be replicated or construed as a rigid formula for design,
Elevations may be modified, when necessary, to accommodate for varying lot sizes, widths, and depths;
however, all 01 the Required Style Elements shall be utilized unless the Director determines they are
inappropriate or do not lead to creating an architecturally valid style, Please see Section 4,10
Architectural Design Guidelines, specifically Sections 4,10,3 through 4,10,3,9 for a detailed discussion
of the architectural standards, design groups, eievations, roof forms, and materials and colors,
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2, Required and Additional Style Elements shall appear as an integrai part of the home, rather than a tack-
on feature.
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Figure 4-57a
INSPIRATIONAL PHOTOS
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Figure 4-58
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MONTEREY
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REQUIRED STYLE CORE ELEMENTS
I
. Simple box plan form
. Main hip or front to back gable roof front to back at 4:12 to 7:12 and shed roof break over
balcony at 3 Yz to 4 Yz:12 roof pitch
. 12" to 24" overhangs
. Barrel or "SO time roofs
. Fine sand stucco finish
. Vertical siding accents at gable ends and 2nd floor balcony
. Simplified colonial style window and door trim
. Decorative tile accents
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ADDITIONAL STYLE ELEMENTS
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. Full wood porches and or wood balconies with stucco decorative accents
. Simplified cornice trim at gable ends
. 2x6 wood windows and door trim
. Garage door patterns complimentary to style
Light colored detailing trims
. Porte-Cochere
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Notes:
I
1, The architectural drawing is intended to demonstrate a style and arcMectural features, The drawing is
meant to be inspirational; it is not meant to be replicated or construed as a rigid formula for design,
Elevations may be modified, when necessary, to accommodate for varying lot sizes, widths, and depths;
however, ali of the Required Style Elements shall be utilized unless the Director determines they are
inappropriate or do not lead to creating an architecturally valid styie, Please see Section 4,10
Architectural Design Guidelines, specifically Sections 4,10,3 through 4,10,3,9 for a detailed discussion
of the architectural standards, design groups, elevations, roof forms, and materials and colors,
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2, Required and Additional Style Eiements shall appear as an integral part of the home, rather than a tack-
on feature,
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Figure 4-58a
INSPIRATIONAL PHOTOS
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~~_....JL 1
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Figure 4-59
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PRAIRIE STYLE
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REQUIRED STYLE CORE ELEMENTS
.
2 story massing with horizontal design elements with one story elements
Hip roof design with boxed stucco soffits
3 Yz:12 to 4 Yz:12 roof pitch
24" overhangs, stucco soffits
Smooth flat concrete tiles
Fine to light sand finish or light lace finish stucco
Vertical windows at first floor and accent horizontal windows at 2nd floor along belt course
White vinyl wrap aluminum windows
.
.
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.
.
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.
.
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ADDITIONAL STYLE ELEMENTS
I
. Broad flat chimney with brick cap detail
. Covered entry with stucco or wood columns, Columns may have stone on base
. Wide range of light earth tones and contrasting trim
. Porte-Cochere
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Notes:
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1, The architectural drawing is intended to demonstrate a style and architectural features, The drawing is
meant to be inspirational; it is not meant to be replicated or construed as a rigid formula for design.
Elevations may be modified, when necessary, to accommodate for varying lot sizes, widths, and depths;
however, all of the Required Style Elements shall be utilized unless the Director determines they are
inappropriate or do not lead to creating an architecturally valid style, Please see Section 4,10
Architectural Design Guidelines, specifically Sections 4,10,3 through 4,10,3,9 for a detailed discussion
of the architectural standards, design groups, elevations, roof forms, and materials and colors,
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2, Required and Additional style Elements shall appear as an integral part oflhe home, rather than a tack-
on feature.
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Figure 4-59a
INSPIRATIONAL PHOTOS
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Figure 4-60
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SPANISH REVIVAL
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REQUIRED STYLE CORE ELEMENTS
. 2 story massing with strong one story element usually containing an arched component
. 4:12 to 5:12 roof pitch
. 12: to 18" overhang
. Simple hip or gable roof with one intersecting gable roof
. Barrel or "SO shape concrete tiles
. Fine to light sand finish or light lace finish stucco
. Arched windows
. Vertically hung 9 and 12 paned windows at front elevation and in high visibility areas
. Often ganged in pairs
. Decorative wrought iron trim details
. Exposed beam headers
ADDITONAL STYLE ELEMENTS
. Furred out windows
. White vinyl wrap aluminum windows
. Stucco over foam window and door trim
. Arched stucco column porches
. White tone body with light accent trim
. Ceramic tile accents
. Porte,Cochere
Notes:
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I
I
1, The architectural drawing is intended to demonstrate a style and architectural features, The drawing is
meant to be inspirational: it is not meant to be replicated or construed as a rigid formula for design,
Elevations may be modified, when necessary, to accommodate for varying lot sizes, widths, and depths;
however, all of the Required Style Elements shall be utilized unless the Director determines they are
inappropriate or do not iead to creating an architecturally valid style, Please see Section 4,10
Architectural Design Guidelines, specifically Sections 4,10,3 through 4,10,3,9 for a detailed discussion
of the architectural standards, design groups, elevations, roof forms, and materials and colors,
2, Required and Additional Style Elements shall appear as an integral part of the home, rather than a tack-
on feature,
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Figure 4-60a
INSPIRATIONAL PHOTO
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
OVERVIEW
Section V of the Specific Plan Amendment Addendum contains the Amended Specific Plan Zoning
Ordinance, Standards have been added the Low Density Estates (L-E) for Planning Area 10 and allowing
single-family detached units in Planning Areas 12, 14 and 15. Table 5,1 (Schedule of Permitted Uses-
Residential Districts) has been expanded to include the L-E designation. Table 5,2-1 (Accessory Structures
Setbacks) and Table 5.2-2 (Maximum Encroachments into Required Yard Areas) have been added,
5.1 PURPOSE AND INTENT
The zoning for the Specific Plan area is Specific Plan Overlay, This section of the Specific Plan
establishes zoning districts and land use regulations and standards that will control land use and
development in the land uses identified for the Specific Plan area, These regulations amend and
supersede the regulations of the Temecula Development Code, Where standards and regulations
are not specified in this Specific Plan, the requirements of the Temecula Development Code shall
provide the regulatory authority. This section also identifies the procedures to be used to review site
plans for development projects proposed within the Specific Plan area, Special standards for
residential development are also included here. The Site Planning and Architectural Design
Guidelines in Section 4,0 are intended to be used in conjunction with the zoning and development
standards stated here.
The following standards will serve as the primary mechanism for implementation of the land uses for
the Roripaugh Ranch Specific Plan. These regulations provide an appropriate amount of flexibility
to ~nticipate future needs and to achieve compatibility between land uses. Principal land uses for
the Specific Plan shall be as follows:
1, Residential Land Uses:
. Low Density (L) Single-Family Detached: (PA.w, 19, 20, 21, 33A and 338)
. Low Density Estates (L-E) Single-Family Detached (PA10)
. Low Medium (LM) Density Single-Family Detached: (PA lA-4B, 16 -18)
. Medium (Ml) Density Single-Family Detached: (PA 23 and 24)
. Medium (M2) Density Single-Family Detached aml Jl.ttasheE! slystemE!: (PA 12, 14,and 15,
22 aRE! al) ,
. Medium (M2) Density Attached clustered: (PA 22 and 31)
2, Commercial:
. Neighborhood Commercial: (PA 11)
3, Parks and Open Space:
. Private Recreation Centers (PA 5, 30)
. Private Mini-Park (PA 1 B)
. Parks (PA 6, 27)
. Open Space
. Habitat (051): (PA 8, 9A, 9B, and 13)
. Flood Control (052): (PA +8, 7C, 25, 26, and portions of 14 and 27)
. Landscape Slope (053): (PA 7A and portion of 6)
4, Elementary and Middle School: (PA: 28 and 29)
5, ,Fire Station: (PA 32)
37
Roripaugh Ranch Specific Plan, Amendment No.1
December, 2004
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SECTION V
. SPECIFIC PLAN ZONING ORDINANCE
5.2 GENERAL PROVISIONS
This section of the development regulations states the general rules that must be observed by all
development projects in order to protect the public health, safely and welfare, These regulations
apply to all planning areas within the Roripaugh Ranch Specific Plan, unless otherwise specified,
1, Roripaugh Ranch Site Planning and Architectural Design Guidelines
All development within the Roripaugh Ranch Specific Plan area is subject to the policy
provisions of the Site Planning (Section 4,0) and Architectural Design Guidelines (Section 4,0)
adopted by ordinance ofthe Temecula City Council. The Design Guidelines in conjunction with
the development standards contained in this Specific Plan and those of the Temecula
Development Code shall regulate development within the Specific Plan area, The Design
Guidelines will be administered through the City of Temecula Planning Department. All
development within the Roripaugh Ranch Specific Plan area shall be subject to the
Development Standards in this section of the Specific Plan,
2, Code Compliance
All construction and development within the Roripaugh Ranch Specific Plan area shall comply
with applicable provisions of the Specific Plan, the Uniform Building Code and the various
related mechanical, electrical, plumbing and fire codes, water ordinance, grading and
excavation codes and subdivision codes, in effect in the City of Temecula at the time
grading/building permits are obtained,
3, Setback Requirements
The setback requirements are as specified within the standards identified in the plan for each
zoning district. If not otherwise specified, all setbacks shall be determined as the perpendicular
distance from the existing or planned street right-of-way line or property line, to the foundation
point of the closest structure,
4, Exceptions
If specific development standards have not been established or if an issue, condition or
situation arises or occurs that is not clearly understandable in the Specific Plan, then those
regulations and standards of the City of Temecula Development Code that are applicable for
the most similar use, condition or situation shall apply as determined by the Community
Development Director.
5, Enforcement
Enforcement of the provisions herein shall be in the manner specified in the Temecula
Municipal Code for zoning enforcement.
6, Unspecified Uses
Whenever a use has not specifically been listed as being a permitted use in a particular zone
classification within the Specific Plan, it shall be the duty of the Planning Director to determine
if said use is: (1) consistent with the intent of the zone; and (2) compatible with other listed
permitted uses, Any person aggrieved by the decision may appeal to the Planning
Commission.
38
Roripaugh Ranch Specific Plan, Amendment No.1
December, 2004
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
5.3 RESIDENTIAL DEVELOPMENT STANDARDS
The Roripaugh Ranch Specific Plan provides a mix of diverse housing products, including five
different housing types that fall within three of the City's General Plan residential designations:
Specific Plan Desianation
Temecula General Plan
Residential Desianation
L (20,000 sq. ft,)
Single-Family (1-2 du/ac)
Low Density Residential
Single-Family (.5-2 du/ac)
, L-E (10,000 sq. ft.)
Single-Family (1-2 du/ac)
Low Density Residential
Single-Family (.5-2 du/ac)
LM (5,000 and 6,000)
Single-Family (2-5 du/ac)
(Min, 5,000 sf lot size)
Low Medium Density Residential
Single-Family (3-6 du/ac)
Ml and M2 (4,000 and NA)
Single-Family (7-12 du/ac)
Ml: Min. (standard) 4,000 sf lot size
M2: Min, (clustered) 3,999 sf let size fer aetasRed
M2: Min, (attached) 3,000 sf lot size
Medium Density Residential
Single-Family (7-12 du/ac)
39
Roripaugh Ranch Specific Plan. Amendment No.1
December, 2004
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
5.3.1 DESCRIPTION OF RESIDENTIAL DISTRICTS
LOW DENSITY RESIDENTIAL (L) - PLANNING AREAS NOS. W. 19, 20, 21, 33A AND 338
The Low Density Residential (L) zoning district is intended to'provide for the development of single-
family detached homes on large lots with a unique character of development. Typical lot sizes in the
L zoning district will be a minimum of 20,000 square feet with 1 acre minimum lots along the exterior
perimeter of Planning Areas 19, 20, 21, and 33A, Private equestrian use will only be allowed on lots
one acre or larger adjacent to the multi-use trail in Planning Areas 19, 20, 21, Planning Area 33B
shall not be developed as a part of Roripaugh Ranch. This planning area shall eventually be
combined with the adjacent residential areas to the north,
LOW DENSITY ESTATES RESIDENTIAL (L-E) - PLANNING AREA NO. 10
The Low Density Estates Residential (L-E) zoning district is intended to provide for the
development of single-family detached homes on large lots with a unique character of
development. Typical lot sizes in the L-E zoning district will be a minimum of 10,000 square
feet.
LOW MEDIUM DENSITY (LM) - PLANNING AREAS NOS. 1A, 2, 3, 4A, 4B, 16, 17 and 18
The Low Medium (LM) zoning district is intended to provide for the development of single-family'
homes on lots of 5,000 square feet to 6,000 square feet. Planning Areas 1, 2, 3, 4A, 4B, and 16
shall have a minimum lot size of 5,000 sq, ft, Planning Areas 17 and 18 shall have a minimum lot
size of 6,000 sq, ft,
MEDIUM DENSITY - STANDARD (M1) - PLANNING AREAS NOS. 23 AND 24
The Medium (M) zoning district is intended to provide forthe development of single-family homes on
lots 4,000 minimum square feet.
MEDIUM DENSITY - DETACHED OR CLUSTERED (M2) - PLANNING AREAS NOS. 12, 14, 15, 22
AND 31
The Medium (M) zoning district is intended to provide for the development of detached or clustered
single-family development on minimum lot sizes of 3,000 sq, ft, Planning Areas 12,14and 15 will
be allowed to have the option of clustered or detached units. Planning Areas 22 and 31 shall
contain clustered units.
40
Roripaugh Ranch Specific Plan, Amendment No.1
December, 2004
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
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5.3.2
USE REGULATIONS
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The list of land uses in the following table shall be permitted in one or more of the residential zoning
districts as indicated in the columns corresponding to each residential zoning district. Where
indicated with a letter "Po, the use shall be a permitted use, Where indicated with a "-", the use is
prohibited within the zone, Where indicated with a letter "CO, the use shall be conditionally permitted
subject to approval of a conditional use permit.
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Table 5.1
Schedule of Permitted Uses - Residential Districts
Description of Use L L-E LM M1 M2
Single-family detached p P P P p.
Single-family attached - - - - p
Single-family zero lot line - - - p p
Single-family attached greater than two units - - - - -
Multiple family - - - - -
Manufactured homes p P P P P
Mobilehome park - - - - -
Facilities for the mentally disordered, handicapped, or dependent P P P P P
or neglected children (six or fewer)
Facilities for the mentally disordered, handicapped, or dependent - - - - -
or neglected children (seven to twelve)
Alcoholism or drug abuse recovery or treatment facility (six or P P P P P
fewer)
Alcoholism or drug abuse recovery or treatment facility (seven or - - - - -
more)
Residential care facilities for the elderly (six or fewer) P P P P P
Residential care facilities for the elderty (seven or more) - - - - -
Congregate care residential facilities for the elderly - - - - -
Boarding, rooming and lodging facilities - - - - -
Secondary dwelling units as defined by City Development Code P P P - -
Granny Flat p P P - -
Family day care homes-small (four or fewer) P P P P P
Family day care homes-large' C C C - -
Day care centers C C C - -
Bed and breakfast establishments - - - - -
Emergency she~ers - - - - -
41
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Roripaugh Ranch Specific Plan, Amendment No.1
December, 2004
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
, ,
Description of Use L L-E LM M1 M2
Transitional housing - - - - -
Nonresidential
Agricu~uraVopen space uses - - - - -
Religious institutions' C C C C C
Utility facilities C C C C C
Educational institutions - - - , -
Public libraries - - - - -
Public museums and art galleries (not for profrt) - - - - -
Kennels and catteries - - - - -
Non commercial keeping of horses p, p - - -
Temporary real estate tract offices P p P P P
Recreational Vehicle Storage Yards - - - - -
Parking for commercial uses - - - - -
Nonprofit clubs and lodge halls - - - - -
Convalescent facilities - - - - -
Go~ Cou rses - - - - -
Home occupations P p P P P
Construction Trailers' p P P P P
1,
A CUP processed for large family day care homes is subject to Health and Safety CocIe Section 1597.46(a)(3). In
accordance therewith, notice of the application being filed shall be mailed to surrounding property owners within one hundred
feet only and the notice shall indicate that unless a request for a hearing is made by such surrounding property owner or
other "affected person". the CUP will issue within twenty days of the notice. If a hearing is requested, the planning
department shall schedule such hearing within thirty days of the request and the hearing shall be held within thirty days of
being scheduled.
Allowed only within a single-family residence.
The Planning Director shall have the discretion to waive submittal of an Administrative Development Plan if it is determined
that the construction trailer will not have an adverse impact on adjacent residences or businesses.
The keeping of horses shall only be permitted in Planning Areas 19, 20 and 21 on lots abutting the multi-use trail. No more
than two (2) horses and one (1) offspring up to six (6) months of age may be kept on each one acre lot. All harses shall be
kept in a stall/coral (12' x 12' for each horse) located a minimum distance of fifty (SO) feet tram neighboring dwellings, ten
(10) feet trom the main dwelling on the lot and ten (10) teet from the side ar rear property line.
Religious institutions shall not be permitted in Planning Areas 1A, 2, 3, 4A and 4B.
Planning Areas 121 14 and 15 will be allowed to have the option of clustered or detached units. Planning Areas 22
and 31 shall contain clustered units.
2,
3,
4,
5,
6.
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Roripau~h Ranch Specific Plan, Amendment No.1
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
5.3.3 DEVELOPMENT STANDARDS
In the Low (L), Low Estates (L-E) Low Medium (LM) and Medium (M) Zones are as follows:
Table 5.2
Development Standards - Residential Districts
,
Residential Development L L-E LM LM M1 M2
Standards 20,000 10,000 5,000 6,000 4,000
(Minimum Lot Size in Feet)
Planning Area W, 19, 20, 10 1A,2,3, 17 and 18 23 and 24 12,14,15,
21, 33A 4A,48 22 and 31
and 338 and 16
Minimum gross lot area (square 20,000 10,000 5,000 6,000 4,000 3,000
feet) 1 acre.
-* Lots in PA 19, 20 and 21 that
abut eastern and southern
property boundary shall be a
minimum of 1 acre, Thirty (30) foot
fuel modification zone shall not be
included in lot area, Lots along the
western perimeter of PA 33A &
338 shall be a minimum of 1 acre,
Dwelling units per net acre 1,2 du/ac 1.7 du/ac 5,2 du/ac 4,0 du/ac 6,1 du/ac 10,1 du/ac
,
Minimum lot frontage at front 30ft, 25ft 25ft, 25ft, 25ft, NA
properlv line
Minimum lot frontage for a flag lot 25ft, 20ft 20ft, 20ft, 20ft, NA
at front property line
Minimum width at required front 50ft, 40ft 40ft, 40ft. 40ft, NA
vard setback area
Minimum lot width 60ft.* SOft 40ft, 40ft, 40ft, 40ft,
* The lot width for both 20,000
sq, ft. lots and 1 acre lots shall be
substantially the same,
Minimum lot depth 90ft, 80ft 80ft, 80ft, 80ft, NA
Minimum front yard setback 25ft, 20 ft 10ft 10ft, 10ft, 10ft,
- Front entry 18 ft, 18 ft 18ft, 18ft, 18ft, 18ft,
- Side entry garages 10ft, 10ft 10ft, 10ft, 10ft, 10ft,
- Lots abutting Murrieta Hot
Springs between pourroy Rd,
and the MWD easement may be
reduced by three (3) feet
Milllm~m corner side yard 15ft, 15 ft 15ft, 15ft. 15ft, 15ft,
'se ae
Note: Setbacks for structures located adjacent to the Fuel Modification
Zones shall be determined at the Tentative Map stage; based on the
criteria provided by the City Fire and Planning Departments.
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
Residential Development L L-E LM LM Ml M2
Standards 20,000 10,000 ' 5,000 6,000 (Standard) (Clu6tered)
(Minimum Lot Size in Feet) 4,000
Planning Area .w, 19, 20, 10 1,2,3,4A, 17 and 18 23 and 24 12,14,15,
21,33A 48 and 16 22 and 31
and 338
*Minimum interior side yard 10ft, 10 ft. 5ft, 5ft, 5ft, 3ft,
setback
Minimum rear yard setback 20ft, 20 ft. 20ft, 20ft, 15ft, 15ft, front
- Setbacks for lots abutting - - 25ft, - - loaded
Planning Area 7 A along the garage
southern property line shall have
a 25' minimum rear yard setback,
- Lots abutting Multi-use trail in - - -
PA 19, 20 and 21, 5 ft, rear
- Setbacks for lots abutting 50ft, SOft. loaded
Murrieta Hot Springs between
Pourroy Rd, and the MWD garage
easement may be reduced by
staff by three (3) feet
Minimum Rear Yard Setbacks -
- Deep Recessed 5ft. 5ft. 5ft. 5ft. 5ft. 5ft.
- Rear Access - - 3ft. 3ft. 3ft. 3ft.
Maximum height 2 stories, 2 stories, 2 stories, 2% 2 Ih stories, 2 Ih stories,
35 feet 35 feet 35 feet stories, 35 35 feet 35 feet
feet
Maximum percentage of lot 50% 50% 60% 60% 60% 60%
coverage
Minimum Garage Size (interior 20' x 20' 20' x 20' 20' x 20' 20' x 20' 20' x 20' 20' x 20'
space)
. Fireplaces may project not more than two (2) feet into the side yard setback provided the width of the fireplace does not exceed eight (8) feet
in width.
Note: Setbacks for structures located adjacent to the Fuel Modification
Zones shall be determined at the Tentative Map stage, based on the
criteria provided by the City Fire and Planning Departments.
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Roripaugh Ranch Specific Plan. Amendment NO.1
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
5.3.4
ACCESSORY STRUCTURE DEVELOPMENT STANDARDS
The following development standards shall apply to all residential developments in all ofllle residential
districts within the Specific Plan. In the event of a discrepancy or ambiguity of these standards, the
Director of Planning shall have the authority to determine the appropriate standard on a case-by-case
basis.
Table 5.2-1
Accessory Structures Setbacks
I Front II Rear II Side I
Accessory Minimum Distance to Front Minimum Distance to Rear Minimum Distance to Side
Structu re Property Line Property Line Property Line'
Detached second Not permitted in the actual Refer to the rear yard Refer to the side yard
unie.41 front yard setbacks in Table 17 .06.040 setbacks in Table 17.06,040
of the Temecula Development of the Temecula Development
Code Code
Detached granny Not permitted in the actual Refer to the rear yard Refer to the side yard
flat" front yard setbacks in Table 17.06.040 setbacks in Table 17.06.040
of the Temecula Development oflhe Temecula Development
Code Code
Garage 20 ft. 0 in. (Entrance faces 5 ft. min. but no less than 15 5ft.min. I
street) ft.from
10 ft. 0 in. (If Entrance from centerline of alley
side not facing front yard)
Storage/utility Not permitted 3ft. 3ft. I
Enclosure
Iswimming pool' Not permitted 5ft. 5ft. I
Swimming pool Not permitted 3ft. 3ft. I
Equipment
ISpa Not permitted 3ft. 3ft. I
IAntennas Not permitted 5ft. 5ft. I
Gazebo/garden Not permitted 5ft. 5 ft. (10 ft. if a corner lot) , I
structure
ISolar collector II Not permitted in front yard 3ft.0 in. 3ft. 0 in, I
I Decks II Not permitted 5ft. min. 5ft. min. I
Patio covers I 15 ft. II 5ft. min. 5ft.min, I
measured at
vertical supports
IRoof deck II Must meet district standards I
1. On a corner lot, accessory structures are not permitted unless otherwise noted above.
2. Accessory structures with walls must be separated from other accessory and primary structures by at least
six feet
3. Second units and granny flats that are attached to the main structure shall comply with the setback and yard
requirements contained in Table 5.2.
4. Not permitted in the M1 and M2 zones.
Note: Setbacks for structures located adjacent to the Fuel Modification
Zones shall be determined at the Tentative Map stage, based on the
criteria provided by the City Fire and Planning Departments.
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
5.3.5
YARD ENCROACHMENT DEVELOPMENT STANDARDS
The following development standards shall apply to all residential developments in all of the residential
districts within the specific Plan. In the event of a discrepancy or ambiguity of these standards, the
Director of Planning shall have the authority to determine the appropriate standard on a case-by-case
basis.
Table 5.2-2
Maximum Encroachments into Required Yard Areas
\ \1 Maximum Encroachments into \
Yard Area
Item Front II Rear II Side'
I
Architectural features (such as wall projections, \ 2ft. II 2ft. II 2ft. \
eaves, overhangs, extensions, decorative materials
and artwork).
Awning or canopy (with no vertical supports) 4 ft. 0 in. 4 ft. 0 in. 3ft. 0 in.
Awning or canopy (with vertical supports measured 6 ft. 0 in. 6 ft. 0 in, 3ft. 0 in.
at vertical
supports).
IBalconies or stairways II 3 ft. 6 in. II 3 ft. 6 in. II 3 ft. 6 in. I
IBay windows II 2 ft. 6 in. II 2 ft. 6 in. ' II 2ft. 6 in, I
IChimneys and air conditioning units II 2ft. 0 in. II 2 ft. 6 in, II 2ft. 6 in. I
!Porch II 6ft. 0 in. II 3 ft. 0 in. II 3ft. 0 in. I
IStairway landings II 6ft. 0 in. II 6 ft. 0 in. II 3ft. 6 in, I
1. On a corner lot, projections permitted in a front yard setback also apply to a street side yard.
2. The deck and its railing shall not exceed the buildin9 height limit for the applicable zoning district
Note: Setbacks for structures located adjacent to the Fuel Modification
Zones shall be determined at the Tentative Map stage, based on the
criteria provided by the City Fire and Planning Departments.
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Roripaugh Ranch specific Plan, Amendment No.1
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
5.4
NEIGHBORHOOD COMMERCIAL (PLANNING AREA 11)
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5.4.1
DESCRIPTION OF NEIGHBORHOOD COMMERCIAL
Neighborhood Commercial (Planning Area No, 11), will include a variety of different types of land uses, Uses within
this planning area include smaller-scale business activities which generally provide retail and/or convenience
services for residents within Roripaugh Ranch, The following are site planning guidelines relating to Planning Area
No,ll,
5.4.2
USE REGULATIONS
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The list of land uses in the following table shall be permitted in the neighborhood commercial zoning district. Where
indicated with a ietter "p., the use shall be a permitted use, Where indicated with a . -", the use is prohibited within
the zone, Where indicated with a letter "C", the use shall be conditionally permitted subject to approval of a
conditional use permit,
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Table 5-3
Schedule of Permitted Uses - Neighborhood Commercial Center (PA-11)
Description of Use NC
A
Adu~ business subject to Chapter 5,08 of the Temecula Municipal Code -
AerobicsldanceJgymnastics~azzercise/martial arts studios (less than 5,000 sq, It, P
Aerobicsldance/gymnasticsljazzercise/martial arts studios (greater than 5,000 sq, It, P
Alcoholism or drug treatment facilities ,
-
Alcohol and drug treatment (outpatient) -
Alcoholic beverage sales C
Ambulance services -
Animal hospitaVshelter -
Antique restoration -
Antique sales (Less than 5,000 sq, It,) P
Apparel and accessory shops P
, Appliance sales and repairs (household and small appliances) P
Arcades (pin bail and video games) -
Art su pply stores 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 repair services -
Automobile rental -
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RoripauQ'h Ranch Specific Plan, Amendment No.1
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-
Automobile painting and body shop
Automobile service stations with alcoholic sales -
Automotive seNice stations (not selling beer and/or wine) with or without an automated P
car wash
Automobile parts-sales C
Automobile oil changeAube services with no major repair C
B
Bakery goods distribution -
Bakery retail p
Bakery Wholesale ,
Banks and financial institutions p
Barber and beauty shops p
Bed and breakfast -
Bicycle (sales, rentals, services) p
Billiard parior/poolhall -
Binding of books and similar publications -
Blood bank p
Blueprint and duplicating and copy services p
Bookstores p
Building materials sales (with the exterior storage/sales areas greater than 50 percent of -
total sales area)
Buiiding materials sales (with the exterior storage/sales areas greater than 50 percent of -
total sales area)
Butcher shop p
C
Cabinet shop -
Cabinet shops under 20,000 sq, It,- no outdoor storage -
Camera shop (sales/minor repairs) p
Candy/confectionery sales p
Car wash, full service/seW service -
Carpet and rug cleaning -
Catering services p
Clothing sales p
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Roripau!1h Ranch Specific Plan, Amendment No.1
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
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Coins, purchase and sales p
Communications and microwave installations 1 -
Communications equipment sales 1 C
Community care facilities C
Computer sales and services p
Congregate care housing for the elderly 2 C
Construction equipment sales, services or rental -
Contractor's equipment, sales, service or rental -
Convenience market -
Costume rentals p
Crematoriums -
Cutiery p
0
Data processing equipment and systems -
Day care centers p
Delicatessen p
DiscounVdepartment store p
Distribution facility -
Drug store/pharmacy p
Dry cleaners p
Dry cleaning plant -
E ,
Emergency she~er -
Equipment sales and rentals (no outdoor storage) p
Equipment sales and rentais (outdoor storage) -
F ,
Feed and grain sales -
Financial, insurance, real estate offices p
Fire and pOlice stations p
Floor covering sales p
Florist shop p
Food processing -
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Roripaugh Ranch Specific Plan, Amendment No.1
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SECTION V
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Fortunetelling, spiritualism, or similar activity p
Freight terminals -
Fuel storage and distribution -
Funeral parlors, mortuary -
Furniture sales (Less than 10,000 sq, It,) p
Furniture transfer and storage -
G
Garden supplies and eqUipment sales and service -
Gas distribution, meter and control station -
General merchandise/retail stores less than 10,000 sq, It, p
Glass and mirrors, retail sales p
Government offices p
Grocery store, retail p
Grocery store, wholesale -
Guns and firearm sales -
H
Hardware stores p
Health and exercise club p
Heatth food store p
Health care facility p
Heliport -
Hobby supply shop p
Home and business maintenance service -
Hospitals -
Hotels/motels -
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Ice cream parlor p
Impound yard -
Interior decorating service p
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Junk or salvage yard .
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Roripaugh Ranch Specific Plan, Amendment No.1
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
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Kennel -
L
Laboratories, film, medical, research or testing centers -
Laundromat p
Laundry service (commercial) -
Libraries, museums, and galleries (private) C
Liquid petroleum, sales and distribution -
Liquor stores C
Lithographic service -
, -c-
Locksmith p
M
Machine shop -
Machinery storage yard -
Mail order business p
Manufacturing of products similar to, but not limited to the following:
Custom-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 nor involve frequent
truck traffic,
,Compounding of materials, processing, assembiing, 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 and manufacturing, and
outside storage,
Uses under 20,000 sq, It, with no outside storage
Massage 3 p
Medical equipment sales/rental p
Membership clubs, organizations, lodges C
Mini-storage or mini-warehouse facilities -
Mobilehome sales and services -
Motion picture studio -
Motorcycle sales and service -
Movie theaters C
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Roripaugh Ranch Specific Plan, Amendment No.1
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Musical and recording studio -
N
Nightclubsltavernslbars/dance clublteen club -
Nurseries (retail) -
Nursing homes/convalescent homes C
0
Office equipment supplies, sales/services P
Offices, administrative or corporate headquarters with greater than 50,000 sq, It, -
Offices, professional services with less than 50,000 sq, It" but not limited to, business law, P
medical, dental, veterinarian, chiropractic, architectural, engineering, real estate,
insurance
p
Paint and wallpaper stores P
Parcel delivery services -
Parking lots and parking structures C
Pawnshop -
Personal service shops P
-
Pest control services
Pet grooming/pet shop , P
Photographic studio P
Plumbing supply yard (enclosed or unenclosed) -
Postal distribution -
Postal services p
Printing and publishing (newspapers, periodicals, books, etc,,) -
Private utility facilities (Regulated by the Public Utilities Commission) P
Q
Reserved -
R
Radio and broadcasting studios, offices -
Radioltelevision transmitter ,
-
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
Recreational vehicle parks -
Recreational vehicle sales -
Recreational vehicle, trailer, and boat storage within an enclosed buildin9 -
Recycling collection facilities p
Recyclin9 processing facilities -
Religious institution, without a daycare or private school C
Religious institution, with a private school C
Religious institution, with a daycare C
Restaurant, drive-inlfast food C
Restaurants and other eating establishments p
Restaurants with lounge or live entertainment C
Rooming and boarding houses -
S
Scale, public
-
Schools, business and professional C
Schools, private (kindergarten through Grade 12) C
Scientific research and development offices and laboratories .
Solid waste disposal facility -
Sports and recreational facilities C
Swap meet, entirely inside a permanent building -
Swap meet, outdoor -
Swimming pool supplies/equipment sales p
T
Tailor shop p
Taxi or limousine service .
Tire sales -
Tobacco shop p
Tool and die casting -
Transfer, moving and storage , "
Transportation terminals and stations C
Truck sales/rentals/service ,
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TVNCR repair p
Roripaugh Ranch Specific Plan, Amendment No.1
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SECTION V
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U
Upholstery shop -
V
Vending machine sales and services -
W
Warehousing/distribution -
Watch repair p
Wedding chapeis -
Weiding shop -
Welding supply and service (enclosed) -
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Reserved -
Z
Reserved -
1. Subject to the provisions contained in Section 17.40 of the City of Temecula Development Code.
2. Subject to the provisions contained in Section 17.06.050.H of the City of Temecula Development Code.
3. Subject to the provisions contained in Section 5.22 of the City of Temecula Municipal Code.
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
5.4.3 DEVELOPMENT STANDARDS
The following standards of development shaU apply in the Neighborhood Commercial:
Table 5-4
Development Standards - Neighborhood Commercial
(Commercial Uses - PA 11)
Minimum gross area for site 2 acres for common lot centers,
30,000 square feet for single lots
Target floor area ratio, ,3
Maximum floor area ratio with intensity bonus as per Section 17,08,050 ,50
Front yard adjacent to street:
- Butterfield Stage RoadlMurrieta Hot Springs Road 20 feet; structure & parking
- "A" and "B" Street 20 feet, structure & parking
Yard adjacent to residentially zoned property 25 feet, structure & parking
Accessory structure side/rear yard setback 10 feet
Minimum building separation:
- One story: 10 feet
- Two stories: 15 feet
- Three stories or more: 20 feet
Maximum building height 50 feet
Maximum percent of lot coverage 30%
Minimum required landscaped open space 20%
Fence, wall or hedge screening outdoor storage maximum height 6 feet
Minimum buiiding setback separation:
- Two stories: 15 feet
- Three stories or more: 20 feet
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SECTION V
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5.5 PARKS AND OPEN SPACE (Planning Areas Nos.1B, 5, 6, 7A,18, 7e, 8, 9A, 9B, 13, 27, 25, 26 and
30)
5.5.1 DESCRIPTION OF PARKS AND OPEN SPACE
Parks (P) and Open Space (OS) zoning district is intended to promote a wide range of public and
private recreational uses in the community. These uses include community facilities, golf courses,
health clubs, public parks and recreation areas, sports parks, or other outdoor athletic facilities and
similar outdoor commercial recreational uses,
5.5.2 USE REGULATIONS
The list of land uses in the following table shall be permitted in one or more of the park and open
space zoning district as indicated in the columns corresponding to each zoning district. Where
indicated with a letter "P", the use shall be a permitted use, Where indicated with a "-", the use is
prohibited within the zone. Where indicated with a letter "C", the use shall be conditionally permitted
subject to approval of a conditional use permit.
Table 5-5
Schedule of Permitted Uses - Parks and Recreational Uses
Schedule of Uses P P OS, OS2 053
(Private) (Public)
Planning Area lB,5 6 and 27 8,9A, +B, 7C, Portions
and 30 9B, and 25 and of 6 and
13, 26 7A
Agricultural Uses - - - - -
Athletic Field P P - - -
Bicycle paths P P - P P
Campground - - - - -
Caretakers quarters - - - - -
Cemeteries, mausoleums and related uses - - - - -
Game courts, badminton, tennis, racquetball P P - - -
Golf driving range not part of a go~ course - -
- , -
Go~ course and clubhouse P P
- - -
Government and public utility facilities C C P P
-
Gymnasium ' ,
P P - - -
Microwave antennaltower1
- - - - -
Nature centers/exhibits
- - - - -
Nurseries
- - - - -
Group Picnic Facilities P P - - -
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Roripaugh Ranch Specific Plan, Amendment No.1
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SECTION V
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Private parks and recreation facilities P p - P P
Parking areas p p - - -
Public parks and recreational facilities P P - P P
Recreational vehicle park - - -
- -
Riding stable, public or private -
- - - .
Shooting galleries, ranges, archery courses - - -
- -
Singie-family dwellings - - ,
- -
Tree Farms
- - . - -
1, See Zoning Appendix of Development Code 17.40 for antenna information,
Roripaugh Ranch Specific Plan, Amendment NO.1
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
5.5.3 DEVELOPMENT STANDARDS
In the Parks and Open Space districts development standards are as follows:
Table 5-6
Development Standards. Parks and Open Space Standards
Development Standards p OS
Planning Area 18,5,6,27 and 7 A, 7B, 7C, 8,
31 9A, 98, 13, 25
and 26 ,
Minimum lot size 10,000 sq, It, -
Maximum lot coverage 25% -
Maximum height 35feet' -
Floor area ratio ,1 -
,
Setback for parking areas and structure~ 25 feet -
Minimum open spaceAandscaping 75% 100%
1. Excludes light poles and communication facilities.
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Roripau~h Ranch Specific Plan, Amendment NO.1
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
5.6 PUBLIC/INSTITUTIONAL DISTRICTS (PLANNING AREAS 28 AND 29)
5.6,1 DESCRIPTION OF SCHOOL DISTRICT AND PUBLIC INSTITUTIONAL DISTRICT
The purpose of this district is to facilitate the construction of an Elementary School site and Middle
School site, Planning Area 28 will be developed as a Middle School site and Planning Area 29 will
be developed as an Elementary School site,
5.6.2 USE REGULATIONS
Planning Areas 28 and 29 shall only be designated to be used as a Middle School site and an
Elementary School site, respectively,
59
Roripau~h Ranch Specific Plan, Amendment No.1
December, 2004
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SECTION V
SPECIFIC PLAN ZONING ORDINANCE
5.7 PUBLIC INSTITUTIONAL (PLANNING AREA 32)
5.7.1 DESCRIPTION OF PUBLIC INSTITUTIONAL (FIRE STATION)
The purpose of this district is to facilitate construction of public and quasi-public uses in appropriate
areas of the city, Planning Area 32 will be developed as a fire station on a l,5-acre site.
5.7.2 USE REGULATIONS
Planning Area 32 shall only be designated as a Fire Station,
60
Roripaugh Ranch Specific Plan, Amendment NO.1
December, 2004
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SECTION V SPECIFIC PLAN ZONING ORDINANCE
5.8 PARKING REQUIREMENTS
Refer to Chapter 17.24 of the City Development Code for parking requirements,
61
Roripaugh Ranch Specific Plan, Amendment No.1
December, 2004
EXHIBIT B,
ATTACHMENT 5A
R:\S P A\2004\04'0371, Roripaugh Ranch,1\CC DA Amend Draft Ordinance,doc
5
RECORDING REQUESTED BY
AND
WHEN RECORDED MAIL TO:
City ofTemecula
43200 Business Park Drive
P.O. Box 9033
Temecula, California 92589-9033
Attn: City Clerk
Exempt from recording rees pursuant to Govt, Code Section 27383
(Space above for recorder's use)
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
BETWEEN CITY OF TEMECULA AND ASHBY USA. LLC
(RORIPAUGH RANCH SPECIFIC PLAN)
This First Amendment to Development Agreement is made and entered into as of
January 11, 2005, by and between the CITY OF TEMECULA, a California municipal
corporation ("City"), ASHBY USA, LLC, a California limited liability company,
DAVIDSON = RORlP AUGH RANCH 122, LC, SHEA HOMES LIMITED
PARTNERSHIP, RORIAPAUGH RANCH 100, LP: GRIFFIN COMMUNITIES,
RORlPAUGH RANCH 1, LP MEEKER COMMUNITIES, KB HOME COASTAL,
AND CONTINENTAL RESIDENTIAL, INC. (collectively "OWNER") pursuant to the
authority of Section 65864 through 65869.5 of the California Government Code and
Article XI, Section 2 of the California Constitution. Pursuant to said authority and in
consideration ofthe mutual covenants set forth in this First Amendment, the parties
hereto agree as follows:
1. Recitals. This First Amendment is made with respect to the
following purposes and facts which the parties agree to be true and correct:
a, The Development Agreement between the City of Temecula and
Ashby USA, LLC (also known as the "Preannexation and Development Agreement") was
approved by the Ordinance of the City Council on December 17, 2002 and recorded on
799862,2 12/9/04
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January 9, 2003 as Document No, 2003-018567 in the Official Records of the County of
Riverside ("Development Agreement").
b, The real property which is subject to the Development Agreement
and this First Amendment is generally known as the Roripaugh Ranch Project and is
specifically described in Exhibit A to this First Amendment and incorporated herein as
though set forth in full ("Property"),
c, On October 21,2004, the City and the Developer entered into that
certain "First Operating Memorandum to the Recorded Development Agreement between
the City of Temecula and Ashby USA (Roripaugh Ranch Project)" pursuant to Section
3.55 of the Development Agreement ("First Operating Agreement"). The First Operating
Agreement was recorded as Document No. 2004- in the Official Records of the
County of Riverside on October _,2004. The First Operating Memorandum provides
for additional funding for the construction of the permanent fire station described in
Section, Accordingly, an amendment to the Development Agreement is required in order
to increase the number of homes that can be built during construction of the permanent
fire station,
d. On September 23, 2003, the CITY and Ashby USA LLC entered
into that certain "Agreement to Defer Completion of Conditions of Approval Until After
Recordation of Final Map for Tract No. 29353-2 (Roripaugh Ranch Specific Plan)"
("Deferral Agreement"). The Deferral Agreement was recorded as Document No. 2003-
744646 in the Official Records of the County of Riverside on September 24,2003. Said
Deferral Agreement provides for the deferral of certain obligations with respect to the
development of the Property.
e. Portions of the Property have been sold to merchant builders who
have taken their properties subject to the rights and obligations of the Development
Agreement. The merchant builders are: Davidson = Roripaugh Ranch 122, LC; Shea
Homes Limited Partnership; Roripaugh Ranch 100, LP: Griffin Communities; Roripaugh
Ranch 1, LP Meeker Communities; KB Home Coastal; and Continental Residential, Inc.
("Merchant Builders"), The Merchant Builders have by separate agreement, to which the
CITY is not a party, designated Ashby USA LLC as the OWNERS agent to complete the
public improvements required by the Development Agreement and the Conditions of
Approval of the Land Use Entitlements for the Project.
f. Section 4,1.6 of the Development Agreement provides that only
107 building permits for residential units may be issued for Planning Areas 1 A, 2, and 3
until the permanent fire station which will serve the Project ("Fire Station") is
constructed but that the Fire Chief of the City ofTemecula may, in his sole discretion,
issue up to 258 total residential units on Plamring Areas lA, 2, 3, 4A and 4B so long as
the permanent fire station, is substantially under construction. The Fire Chief has
determined that the Fire Department can adequately serve up to 515 units within the
Project during the construction of the permanent Fire Station provided that the
transportation improvements required for issuance ofthe 258th building permit, as
described in Attachment 5A to the Development Agreement are completed.
799862,2 12/9/04
2
g. The parties also desire to adjust the schedule for the issuance of
building permits based upon the completion of certain transportation improvements. The
adjustments reflect the further study and refinement of the impacts on the transportation
infrastructure of the development and more accurately mitigate the traffic impacts based
on the pace of development.
h. The Planning Commission of the City of Temecula held a duly
noticed public hearing on December 15,2004 and by Resolution No, 04-_
recommended to the City Council that this First Amendment be approved,
i, On January II, 2005, the City Council of the City ofTemecula
held a duly noticed public hearing on the proposed Negative Declaration and the
proposed First Aniendment. Ordinance No, 05-_ introduced on January II, 2005 and
adopted on January 25, 2005 approved this First Amendment.
2, Section 4.1,6, Fire Service Improvements, ofthe Development Agreement
is hereby amended to read as follows:
"4.1.6 Fire Service Improvements. The following shall satisfY
OWNER's obligations regarding this component.
"a. Convevance of Land. On or before the thirtieth (30th)
calendar day after the Annexation Date of this Agreement, OWNER
accomplish the following:
"1. Fee simple title shall be conveyed to CITY, free and
clear of all liens and matters of record;
"2, OWNER shall provide CITY a CLTA insurance
policy insuring CITY's title to the Station Site in an amount equal to the
fair market value of the Station Site,
"3. The parcel shall have not less than one and one-half
(1,5) acre of flat land usable for development as a CITY fire station. In
no event shall the site be in excess of three (3) gross acres,
"4, CITY acknowledges that as ofthe date ofthe First
Amendment to the Development Agreement, the OWNER has conveyed
the fire station property to the CITY as required by subsections a.1 to a.3.
"b. Grading. Prior to the issuance of the first (1st ) building
permit, OWNER shall rough grade the parcel. Grading ofthe fire station
site will require the approval of grading and improvement plans and the
issuance of permits for property located in the County of Riverside. The
CITY agrees to use its best efforts to obtain a Joint Powers Agreement
with the County of Riverside to accomplish these and other Project
Improvements, if necessary.
799862,2 12/9/04
3
"c. Construction. Pursuant to Section 4,1.3.1 OWNER shall
tender the sum of Two Million Dollars ($2,000,000,00) and CITY shall
accept the money from OWNER for the purpose of CITY's design and
construction of a Fire Station and acquisition oftitle to a fire truck of
CITY's sole selection. CITY acknowledges that as ofthe date of the First
Amendment to the Development Agreement, OWNER has transferred the
$2 million to the CITY pursuant to this subsection,
"d. Issuance of515 Building Permits.
"1. As of the date of the First Amendment to the
Development Agreement: (1) OWNER has paid to the City the sum of $2
million pursuant to Section 4,1.5 c. of this Agreement; (2) OWNER has
paid the additional sum of $1,1 million to the City for the construction of
the permanent fire station pursuant to Section 1 of the First Operating
Memorandum; (3) CITY has approved plans and specifications for the
permanent fire station; (4) City has let a contract for construction of the
permanent fire station; and (5) the permanent fire station is under
construction.
"2. Up to one hundred seven (107) building permits in
Planning Areas 1 A, 2 and 3 may be issued upon a finding by the City
Manager that all other requirements of the Development Agreement and
Conditions of Approval of the Land Use Entitlements of the Project for the
issuance of 107 building permits have been fulfilled,
"3, Up to a maximum of two hundred fifty seven (257)
residential building permits total for the Project to be issued within Planning
Areas lA, 2, 3, 4A, and 4B upon a finding by the City Manager that: (I) the
permanent fire station is substantially under construction; and (2) all other
requirements of the Development Agreement and Conditions of Approval of the
Land Use Entitlements ofthe Project for the issuance of the building permits have
been fulfilled,
"4. Up to a maximum of five hundred fifteen (515)
residential building permits for Planning Areas lA, 2, 3, 4A and 4B shall
be issued upon a finding by the City Manager that: (I) the permanent fire
station is substantially under construction; (2) the transportation
improvrnents required to be installed prior to issuance of the 258th
building permit as described in Attachment 5A are completed; (3)
permanent access on Murietta Hot Springs Road and Butterfield Stage
Road, including the bridges on said roads, will be completed upon the
opening of the permanent fire station; and (4) all other requirements of the
Development Agreement and Conditions of Approval of the Land Use
Entitlements of the Project for the issuance ofthe building permits have
been fulfilled.
799862,2 12/9/04
4
"e. Fire Station Construction Street Improvements. OWNER
shall, subject to final review and Acceptance by CITY, construct the street
improvements adjacent to the Fire Station in conformance with the
conditions set forth in Attachment 5A to this Agreement and subject to the
CITY's approved street improvement plans for the public street(s) which
are immediately adjacent to the Fire Station. OWNER shall commence
and complete the street improvements, including but not limited to, asphalt
concrete travel lanes, concrete curb and gutter, sidewalk per Specific Plan
and right-of-way landscaping as required by CITY. The improvements
described in this Section shall be completed not less than thirty (30)
calendar days prior to the date the CITY will place the Fire Station in full
'operation, Owner hereby grants a license to the City over or through its
property adjacent to the Fire Station for the purposes of allowing'access
to the Fire Station for construction and operation of the Fire Station which
license shall terminate upon the acceptance of the streets adjacent to the
Fire Station into the City-maintained street system. City and Owner may
fulfill the access requirement by entering into a separate license agreement
with specific details of the rights and obligations of the parties,
"f. Release. Upon the funding of the public finance district or
other fInancing mechanism and CITY's ability to utilize such monies for
construction of a permanent fire station as described in Section 4.1.6, and
the Acceptance of title to the site, then OWNER's further obligations to
pay the Fire component of the DIP will be credited by CITY, and CITY
shall not impose restrictions on building permit issuance based upon
nonpayment of the Fire component ofthe DIP.
"g. Limitation on Participation. The OWNER agrees to not
participate in the design or construction of the Fire Station, even if it is
funded by a public fmancing district. However, to ensure architectural
compatibility with future development, CITY agrees to allow OWNER's
architect to coordinate with the architect hired by CITY for the sole
purpose of providing input into the architectural themes of the exterior to
the fire station."
3, Attachment 5 is hereby deleted from the Agreement and in its place
"Attachment 5A" is substituted in full. "Attachment 5A" is attached hereto as Exhibit B
and by this reference incorporated herein as though set forth in full. To the extent the
terms of Attachment 5A conflicts with Condition 76 of City Council Resolution No, 01-
113 (approval of Tentative Tract Map No. 29353) or Condition 58 of City Council
Resolution No. 02-114 (approval of Tentative Tract Map No, 29661), the provisions of
Attachment 5A shall apply and supercede any conflicting provision of said conditions.
To the extent a requirement of said Conditions 76 or 58 is not also covered in Attachment
5A, then said requirement shall remain in full force and effect notwithstanding theoadoption of this First Amendment to the Development Agreement. The requirements of
this Attachment 5A pertain only to required transportation improvements, OWNER
799862,2 12/9/04
5
acknowledges and agrees that other requirements of the Development Agreement, the
Specific Plan, and the conditions of approval of the land use approvals require certain
other improvements, including park and recreation improvements and fire service
improvements, and compliance with the applicable building codes, to be completed prior
to issuance of certain building permits, OWNER agrees that nothing contained in
Attachment 5A is intended to nor shall be construed to waive any other applicable
federal, state or local requirements for the issuance of building permits.
4. Except as specifically set forth herein, all other terms and conditions of the
Development Agreement shall remain in full force and effect.
5. This First Amendment contains the entire understanding between the
parties relating to the subject matter hereof, all prior or contemporaneous agreements,
understandings, representations and statements, oral or written, concerning the subject
matter hereof, except for the First Operating Memorandwn and the Deferral Agreement,
are merged into this Agreement and shall be of no further force or effect.
799862,2 12/9/04
6
IN WITNESS WHEREOF, the parties hereto have executed this
Covenant as of the day and year first above written,
CITY OF TEMECULA,
a municipal corporation
Mayor
Attest:
Susan W. Jones, CMC
City Clerk
Approved As to Form:
Peter M. Thorson
City Attorney
799862,2 12/9/04
7
799862,2 12/9/04
ASHBY USA, LLC, a California limited
liability company
By: Ashby Development Co., Inc., its
Managing Partner
By:
Justin K. Ashby
President
By: USA Investment Partners, LLC, a
Nevada limited liability company, its
member
By: USA Commercial Mortgage
Company, a Nevada corporation, its
non-Member Manager.
By:
Joseph D. Milanowski
President
8
DAVIDSON = RORIP AUGH RANCH 122, LC
Name:
Title:
Name:
Title;
SHEA HOMES LIMITED PARTNERSHIP
Name:
Title:
Name:
Title:
RORIAPAUGH RANCH 100, LP: GRIFFIN
COMMUNITIES
Name:
Title:
799862.2 12/9/04
9
Name:
Title:
RORIPAUGH RANCH 1, LP MEEKER
COMMUNITIES
Name:
Title:
Name:
Title:
KB HOME COASTAL
Name:
Title:
Name:
Title:
CONTINENTAL RESIDENTIAL, INC.
799862,2 12/9/04
10
Name:
Title:
Name:
Title:
799862,2 12/9/04
11
799862,2 12/9/04
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
12
RORIPAUGH RANCH PROJECT 1
~etes and Bounds description of the North one-half of the North
one-half of Section 20 of TIS, R2W, S.B.M.
Bepnnlng at the Northeast comer o{said Section 20, thence along the easterly line of
said Section 20 South 00 34' 31" W 1319.80 feetto Ibe North Sixteenth comer thereof;
Thence along the s.outhedy line of Ibe North one-balf of the North onc-balf of sald '
Section 20 North 88"36'41" West, a distance of 5229.85 feet to the North Sixteenth
CO(JICl thereof; Thence along the weSt line ofsald Section 20 North 00"26' 13" West, a
distance of 1319.23 feet to the Northwest comer thereof; Thence along the Northerly line
of said Section 20 South 88037'05" Bast, a distance of 5233.02 feet to the Point of
Beginnl.,g, containing an area ,of 158.45 acres, more or less;
nw description is for ehhibit purposes only. The troe legal descrlption is: The North
one-haIf of the North o~haJf of Section 20, TowDsbip 7 South, Range 2 West, San
Bemardino Base and Meridian, County of RiversIde, S~e of Clilifomia, according to the
Official Plat thereof.
"
RORIPAUGH RANCH PROJECT a
M~tes and Bounds description of Section 21 of TIS, R2W. S.B;M.
Beginning at the Northeast corner of said Section 21, thence along the easterly line of
said Section 21 South 0059' IS" West 2664.97 feet to the East quarter section corner;
thence continuing along saideaster1y line South 00 2i' 34" West 2636,07 feet to the
So1ltheast comer of said SCction 21; thence along the Southerly 1ino of said sCction North
89" 39' 13" West 5282.88 feet to the Southwest comer of said section; thence .along the
westerly line of said section North 00 33' 47" East 3809.86 feet to the North sixtcenth
comer of said section; thence continuiDg along said westerly line North 0"34' 31" Bast
1319.80 feet to the Northwest section comer; tben<:e along the northerly line of said
section North 880 29' 31" Bast 5296.39 feet to the ~olnt of!3cginning, containing an area
of 632.2 acres. more or less. ' ,
'Ibis description is for exlu'bit purposes only. nie bue legal description is: section 21,
ToWDSbip 7 South, ~ 2 West, San Bernardino Baso and Meridian, County of
Riverside, State of California, according to the Official Plat 1hei-eof. '
I>
RORlPAUGR RANCH PROmCf '3
Metes and Bounds description of a portion of
Section 20 of17S, RZW, S.B.M.
Commencing at the North .ixlccntb comer of SectiOll 20, Township 7 South, Raage 2
West, San Bernardino Bue IIId Meridilll, being the Northeast comer of that c:ertaln . ,
puccI designated as "Not a Patt" as shOWD by Parcel Map on filo in Book t. of Pan:cl
Maps, Paces 44 tIuoup 46, Ibcn:or, Recotds 0' the County of Riverside, California:
thence atOllg the oastedy Uncohaid SeetlOll20 SolI1b 00 33'47" W, a dlstllllce of 974. 13
feet to lhe T1ue Point of Beginning; TbCllCC North 89-25'58" West, a distance of 929.81
feet more 'or los8 to tho Easterly line ollhe lll\d conv~ to the Metropolitan Water
District of Southern CalIfornia by deed It<:OfIIW AprIl 24, 1968 as InSttVmclrt No. 3m4.
Official Records of Bald County; Thence along said Easterly line North 12032'09" Bast.
a distance of 762.6!J feet; Thenc:c on a line parallel with the Sou1b line of said parocl
dc8lgnated as "Not a Pmt" South 89"25'58" East. a distance of 771.65 feet to the True
Point ofBeglnning. conllllning In area of 14.57 ICI'CI, more or less.
This description Is for exhibit PUIpOSe$ only.
."
EXHIBIT B
ATTACHMENT SA
R:\S P A\2004\04'0371, Roripaugh Ranch,1\CC DA Amend Draft Ordinance,doc
5
EXHIBIT B
ATTACHMENT SA
(REVISED JANUARY 11, 2005)
Transportation Improvements
799862,2 12/9/04
13
Attachment SA
(Revised January 11,2005)
ON-SITE AND OFF-SITE TRANSPORTATION IMPROVEMENTS
The following shall be used to construct the transportation improvements included in
this Attachment:
(a) All proposed road improvements shall include associated flood control, storm
drain, water, and sewer lines;
(b) All references to bridges shall mean hydro-arch bridges or other bridge designs
as approved by the City Engineer;
(c) Full-width improvements shall consist of the complete street and landscape
improvements within the right-of-way;
(d) Half-width improvements shall consist of the construction of the street
improvements from curb to the raised landscaped median, the full-width raised
landscaped median, where applicable, and a 14' travel lane adjacent to the
median on the unimproved half;
(e) On center improvements shall mean
a, A 38' paved width improvement consisting of two 14' travel lanes and a
10' turn lane, or
b, A 40' paved width improvement consisting of two 14' travel lanes and a
12' turn lane,
PHASE I (Planning Areas 1-48, 6, and 32 of the Roripaugh Ranch Specific Plan)
Onsite
Prior to issuance of the 258th building permit or as otherwise specified in the
Development Agreement, the following improvements shall be completed:
1, Butterfield Stage Road ,Construct half-width improvements from Murrieta Hot
Springs Road to the south project boundary at Planning Area 32, including
construction of two full-width bridges within and over Santa Gertrudis Creek and
Long Valley Wash,
2, Butterfield Stage Road ,Dedicate full-width right-of-way from the northern project
boundary to Murrieta Hot Springs Road.
802012,2 December 9, 2004
1
Attachment SA
(Revised January 11, 2005)
3, Murrieta Hot Springs Road ,Construct full-width improvements from east of
Pourroy Road at the northern project boundary to the MWD pipeline property,
4. Murrieta Hot Springs Road ,Construct half-width improvements from the MWD
pipeline property to Butterfield Stage Road,
5, Nicolas Road ,Offer a dedication for a 110' right-of-way from Butterfield Stage
Road to the west project boundary,
6, Nicolas Road _Construct northerly half-width plus 10 feet from Butterfield Stage
Road to the western project boundary.
7, South Loop Road ,Construct southerly half-width in front of fire station (Planning
Area 32),
8, "A" Street, Construct full-width from Murrieta Hot Springs Road to Butterfield
Stage Road,
9, "B" Street ,Construct full-width improvements from Nicolas Road to "A" Stree!.
10. North Loop Road, Construct a full-width bridge over and within Santa Gertrudis
Creek and connect the bridge to Butterfield Stage Road with full width
improvements,
11, Construct the following traffic signals and related intersection improvements:
a. Traffic signal at the intersection of Pourroy Road and Murrieta Hot Springs
Road.
b, Traffic signals may be required, as warranted, at the two other project
entrances from Murrieta Hot Springs Road located to the east and west of
the Pourroy Road main project entrance.
Offsite
Prior to the issuance of the 1 sf building permit, the following transportation
improvements shall be completed:
1, The Developer shall contribute an undetermined percentage of the total
construction costs for traffic signals for the lane improvements at Murrieta Hot
Springs Road and Alta Murrieta in the City of Murrieta including improvements to
be specified, The developer shall provide the City of Temecula with a letter from
802012,2 December 9, 2004
2
Attachment SA
(Revised January 11,2005)
the City of Murrieta stating that a fair share contribution to identified
improvements at this intersection has been made.
2, The Developer shall contribute 5,8% of the total construction costs for the traffic
signal and additional improvements identified as: southbound left turn lane,
southbound right turn lane, eastbound through lane, eastbound right turn lane,
westbound through lane, and westbound free right turn lane at 1-215 Freeway
(Southbound Ramps) at Murrieta Hot Springs Road.
Prior to the issuance of the 258th building permit or as otherwise specified in the
Development Agreement, the following transportation improvements shall be
completed:
3, Nicolas Road ,Construct 40' width on center improvements from the western
project boundary to 450' east of the existing Nicolas Road/Calle Girasol
intersection,
PHASE 2 (Planning Areas 10, 11, 12, 14- 24, 27 -31, 33A, and 338 of the Roripaugh
Ranch Specific Plan)
Prior to the issuance of the 258th building permit in Phase 1 any building permit in
Phase 2, the following Onsite and Off site transportation improvements must be
completed:
Onsite
1, Butterfield Stage Road Construct remaining half-width improvements from
Murrieta Hot Springs Road to the south project boundary at Planning Area 32,
including construction of two full-width bridges within and over Santa Gertrudis
Creek and Long Valley Wash, not completed in the Phase 1 work,
2, Murrieta Hot Springs Road ,Construct remaining half-width improvements from
the MWD pipeline property to Butterfield Stage Road,
3. North Loop Road Construct full-width improvements from the bridge structure at
North Loop Road/Santa Gertrudis Creek crossing to the Long Valley Wash
Bridge structure at South Loop Road,
4, South Loop Road ,Construct the full width bridge structure crossing Long Valley
Wash and construct full width street improvements from this bridge to Butterfield
Stage Road,
802012,2 December 9, 2004
3
Attachment SA
(Revised January 11,2005)
5, Nicolas Road ,Construct remaining improvements from Butterfield Stage Road to
western project boundary.
6. The developer shall construct the following traffic signals and related intersection
improvements:
a, Murrieta Hot Springs Road at Butterfield Stage Road.
b. Nicolas Road at Butterfield Stage Road.
c. Calle Chapos at Butterfield Stage Road.
Offsite
1 Butterfield Stage Road Construct full width improvements from the southern
project boundary at Planning Area 32 to Rancho California Road excluding any
existing improvements.
2, Nicolas Road ' Construct 40' width improvements from 450 feet east of the
existing Nicolas Road/Calle Girasol intersection to Liefer Road including the full
width bridge structure over Santa Gertrudis Creek.
3, Calle Girasol and the Nicolas Road / Calle Girasol intersection _Realign existing
Calle Girasol to its ultimate intersection with Nicolas Road including right-of-way
acquisition,
4, Calle Chapos ,Construct 38' width on center improvements from Butterfield Stage
Road to the existing paved terminus at Walcott Lane.
5. Winchester Road at Nicolas Road traffic signal to be constructed with the
following ultimate lane configurations:
a. Northbound Winchester: 2 Left Turn Lanes, 4 Through Lanes, I Free Right
Turn Lane,
b. Southbound Winchester: 2 Left Turn Lanes, 4 Through Lanes, I Right
Turn Lane,
c. Eastbound Nicolas Road; I Left Turn Lane, I Through Lane, I Right Turn
Lane,
d. Westbound Nicolas Road: 3 Left Turn Lanes, 1 Through Lane, 1 Right
Turn Lane.
802012,2 December 9, 2004
4
Attachment SA
(Revised January 11,2005)
These improvements are in addition to the existing improvements and lane
configurations and shall supplement not replace existing turning movements,
6, Butterfield Stage Road at Rancho California Road traffic signal with the ultimate
lane configurations of:
a, Northbound BSR: 1 Left Turn Lane, 2 Through Lanes
b, Southbound BSR: 1 Left Turn Lane, 2 Through Lanes
c, Eastbound RCA: 2 Left Turn Lanes, 2 Through Lanes
d, Westbound RCA: 1 Left Turn Lane, 2 Through Lanes
These improvements are in addition to the existing improvements and lane
configurations and shall supplement not replace existing turning movements.
(City has agreed to use an expected $2,7 million grant to assist in the
construction of this segment.)
7, The Developer shall contribute 11.1 % of the total construction costs for traffic
signals and northbound through lane, southbound through lane, and westbound
through lane improvements at Murrieta Hot Springs Road and Winchester Road,
8, The Developer shall contribute 12.4% of the total construction costs for
traffic signal and northbound shared left-through lane, eastbound through
lane, and westbound through lane for Murrieta Hot Springs Road and
Margarita Road.
OTHER CONDITIONS TO ISSUANCE OF BUILDING PERMITS
The requirements of this Attachment 5A pertain only to required transportation
improvements. Other requirements of the Development Agreement, the Specific
Plan, and the conditions of approval of the land use approvals require certain
other improvements, including park and recreation improvements and fire service
improvements, and compliance with the applicable building codes, to be
completed prior to issuance of certain building permits, Nothing contained in this
Attachment 5A is intended to nor shall be construed to waive any other
requirements for the issuance of building permits,
802012,2 December 9, 2004
5
ATTACHMENT NO, 6
PLANNING COMMISSION STAFF REPORT
(DECEMBER 15, 2004)
R:\S P A\2004\04'0371, Roripaugh Ranch,1\CC Staff Report'1 ,doe
18
ORIGINAL
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
Date of Meeting:
December 15, 2004
Prepared by; Dan Long
Title: Associate Planner
File Number PA04-0369
PA04-0370
PA04-0371
PA04-0590
Application Type; Tentative Tract Map (32004)
General Plan Amendment
Specific Plan Amendment
Amendment to Development
Agreement
Project Description: A General Plan Amendment to amend the Land Use Designation from
Open Space (OS) to Residential, Low-Medium (LM); a Specific Plan
Amendment to change the zoning designation from Open Space (OS)
to Low-Medium (LM) Residential, make modifications to the Fuel
Modification Zone boundary, revise the Design Guidelines, change the
zoning of PAlO from 20,000 square foot lots to 10,000 square foot lots
and general clean-up items throughout the Specific Plan; a Tentative
Tract Map (32004) to create an additional 6 lots in PA1A; and
Amendment No, 1 to the Development Agreement, which modifies the
timing of improvements and construction of a new fire station.
Recommendation: 0 Approve with Conditions
o Deny
o Continue for Redesign
o Continue to:
!:8J Recommend Approval with Conditions
o Recommend Denial
CEQA:
o Categorically Exempt
(Class)
!:8J Notice of Determination
(Section) 15162
o Negative Declaration
o Mitigated Negative Declaration with Monitoring Plan
DEIR
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PROJECT DATA SUMMARY
Applicant Ashby USA, LLC
Completion Date: May 26, 2004
Zoning Designation: Specific Plan
Site/Surrounding Land Use:
Site:
Vacant
North:
South:
East
West
Single-Farnily Residences/Open Space
Single-Family Residences
Single-Farnily Residences/Open Space
Single-Family ResidencesNacant
BACKGROUND SUMMARY
[8J 1, Staff has worked with the applicant to ensure that all concerns have been addressed,
and the applicant concurs with the recommended Conditions of Approval.
ANALYSIS
The proposed project includes a General Plan Amendment, Specific Plan Arnendment, a
Tentative Tract Map and Amendment No.1 to the Development Agreement.
General Plan Amendment
The proposed General Plan Amendment is a request to change the Land Use Designation for
Planning Area 7B (2.0 acres) from Open Space (OS) to Low-Medium Density, Residential. The
current Specific Plan includes two detention basins within the panhandle (PA 7B and PA 7C),
designated as Open Space. The adjacent landowner to the west has designed a storm drain
system capable of directing the flow from the Roripaugh Ranch project site. As a result, the two-
acre detention basin in Planning Area 7B is no longer necessary. The General Plan Amendment,
if approved, would allow 6 additional lots in Pianning Area 1 A.
Specific Plan Amendment
The proposed Roripaugh Ranch Specific Plan Amendment is a request to change the zoning of
Planning Area 7B from Open Space to Low Medium Density Residential; change the zoning of
Planning Area 10 from Low Density, Residential to Low Estate Density, Residential; modify the
location an'd description of the Fuel Modification Zone, provide additional options to various
planning areas for the product type permitted, revise the Design Guidelines to simplify the review
process and address various clean-up items such as fencing and the nature trail.
The applicant is requesting to change Planning Area 7B from Open Space (OS) to Low Medium
Density, Residential (LM), If approved PA7B would be deleted altogether and would become part
of PA1A. As noted above, PA 7B is a 2.0 acre detention basin and the proposed change would
not reduce the amount of parkland or useable Open Space. The 2.0 acres of area will allow for
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an additional 6 units within PA 1 A bringing to total number of units within the panhandle to 515,
The applicant is also requesting a change of zoning of Planning Area 10 from Low Density,
Residential (L) to Low-Estate Density, Residential (L-E). The current zoning designation, Low
Density, requires a minimum lot size of 20,000 square feet; a total of 11 units were anticipated,
The proposed request to change the zoning to L-E would allow 10,000 square foot lots and a
total of 14 lots are currently anticipated. PA 10 is surrounded by land designated as Open Space
(OS) and Murrieta Hot Springs Road, There are not any existing residences abutting the
Planning Area,
The proposed Specific Plan Amendment also includes a request to modify the location and
description of the Fuel Modification Zone adjacent Planning Areas 10, 14-17, and 19. The Fuel
Modification Zone was initially located within City-owned Open Space habitat area. However
subsequent to the adoption of the Specific Plan, state and federal resource agencies determined
that the Fuel Modification Zone could not be located within the Open Space habitat area, The
Fuel Modification Zone is proposed entirely within the residential planning areas (PA's 10,14-17,
and 19) as shown on exhibits 4-346-1 and 2 and 3-34C-l and 2 (attachment 4).
The initial implementation of the development standards and design guidelines within the
Specific Plan has presented some difficulties. Staff has brought a total of five (5) product reviews
before the Planning Commission and three of the five applications required continuances for
modifications. Staff, therefore, has worked with the applicant to incorporate changes to the
development standards and design guidelines in order to simplify the implementation process.
The modifications are based upon the previous direction provided by the Planning Commission,
This includes additional inspirational photos, a cleaner description of the required elements that
are integral parts of the structure and traditional elements shall be provided as opposed to
eclectic styles. Staff has worked with the applicant to incorporate these changes into the Design
Guidelines. The applicant has provided additional inspirational photos, additional language for
required elements and notes regarding integral elements. In addition, the applicant has provided
a note on each architectural style page directing the reader to section 4.10.3 through 4,10.3.9,
These sections require further detail to features such as doors, windows, entries, garage doors
and roof types.
In addition to the above amendments to the Specific Plan, the applicant has requested language
that provides flexibility in the type of potential product types permitted in Planning Areas 12,14,
and 15. These planning areas will maintain the zoning designation of M2, however the
arnendment will allow standard and/or clustered products as opposed to only clustered products
as the current Specific Plan requires. With all of the above amendments in place, the maximum
number of lots will actually be reduced from 2,015 to approximately 1,761, even with the
modified zoning and product types permitted. The EIR allows for a total of 2,015 units,
Other various amendments to the Specific Plan include clean-up items such as clarifications to
the fencing plan, amending the nature trail to coincide with the above changes, modifying the
design of the sports park (PA27) to add an additional 1.4 acres of area, and revising the various
exhibits and planning area descriptions to reflect the above changes.
Tentative Tract Map
The applicant is requesting a Tentative Tract Map to subdivide the 2.0 acres of land currently
designated as Open Space (OS) in PA76. The OS area was initially designated as a detention
basin; however it is no longer necessary due to recent off-site storm drain improvements, The
Tentative Tract Map includes a total of 18 lots; while there will only be a net increase of six lots in
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3
Planning Area 1 A, the proposed changes affects adjacent lots, The proposed map would extend
the existing cul-de-sac north into the areas of the deleted detention basin. Staff has reviewed the
proposed map and has determined that the rnap is conformance with the Specific Plan and
City's Subdivision Ordinance, including lot area, width and depth,
First Amendment to Development Aoreement
The proposed request to amend the Development Agreement includes language that allows a
total of 250 building permits to be issued in Planning Areas 1 A, 2, 3, 4A and 4B provided the
permanent Fire Station and secondary access are substantially under construction, A total of
515 building permits may be issued if, in addition to the Fire Station and secondary access,
permanent access from Murrieta Hot Springs Road and Butterfield Stage Road, including
bridges and roads are complete upon the opening of the permanent Fire Station. The current
Development Agreement requires the fire station and secondary access to be complete or under
substantial construction before issuance of the 108th building permit. The Fire Chief has
reviewed this request and has determined that the Fire Department can adequately serve up to
250 units within the project during construction of the permanent Fire Station and secondary
access, As a result of the First Amendment to the Development Agreement, Attachment 5 of the
Development Agreement will be deleted as a binding document and will be replaced with
Attachment 5A,
ENVIRONMENTAL DETERMINATION
[8J 1, The proposed project has been determined to be consistent with the previously
approved (Negative Declaration) (EIR) and is exempt from further Environmental
Review (CEOA Section 15162 subsequent EIR's and Negative Declarations).
CONCLUSION/RECOMMENDATION
Staff has reviewed the proposed General Plan Amendment, Specific Plan Amendment, Tentative
Tract Map (32004) and the First Amendment to the Development Agreement and has
determined that the proposed project, as conditioned, is consistent with the goals and policies in
the related General Plan Amendment and the project is consistent with the adopted and certified
EIR, Staff recommends that the Planning Commission recommend that the City Council approve
the project with the conditions of approval.
FINDINGS
General Plan Amendment
1, The proposed amendment is consistent with the direction, goals and policies of the
adopted General Plan.
The proposed amendment is consistent with the direction, goals and policies of the
adopted General Plan because the project site is 2.0 acres and includes a tentative tract
map for future development that is consistent with the surrounding developed areas, In
addition, the project site is within a Specific Plan in which an EIR has been prepared,
adopted, and certified and the proposed amendment is consistent with the review of the
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4
EIR,
2. The proposed amendment will not have an impact on the character of the surrounding
area,
The proposed amendment will not have an impact on the character of the surrounding
area because the project site is surrounded by urban development within City
boundaries. The proposed use will remain residential and is consistent with the
surrounding residential uses,
Specific Plan Amendment
1. The Specific Plan amendrnent is consistent with the General Plan.
The zone change, design guidelines, development standards and various clean-up items
are consistent with the related General Plan Amendment for the City of Temecula, The
site is physically suitable for the residential uses that will eventually occur in this area,
Tentative Tract MaD (Code Section 16,09.1400)
1. The proposed subdivision and the design and improvements of the subdivision are
consistent with the Development Code, General Plan and the City of Temecula Municipal
Code.
Tentative Tract Map No, 32004 is consistent with the General Plan, the Subdivision
Ordinance, the Development Code, Municipal Code and the related General Plan
Amendment because the project has been designed in a manner that it is consistent
with the policies and standards in the General Plan, Subdivision Ordinance,
Development Code, Municipal Code and related General Plan Amendment.
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.
The proposed land division is not land designated for conservation or agricultural use
and has never been entered into any Williamson Act Contracts.
3. The site is physically suitable for the type and proposed density of development
proposed by the tentative map,
The project consists of an 18-lot Tentative Tract Map on property designated for
residential uses, which is consistent with the related General Plan Amendment, as well
as, the development standards of the Specific Plan.
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.
The project site does not currently include a creek, wetlands, or habitat subject to
environmental review, The project site has been disturbed and is not considered to
contain critical habitat. The project consists of a Tract Map on property designated for
residential uses, which is consistent with the related General Plan Amendment, as well
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5
as the development standards of the Specific Plan. The project has been reviewed
,subject to CEQA and has been determined to be exempt subject to CEQA Section
15162. An EIR has been prepared, adopted and certified for the project site and the
Tentative Tract Map is consistent with the project description of the certified EIR.
5, The design of the subdivision and the type of improvements are not likely to cause
serious public health problems.
The project has been reviewed and commented on by the Fire Safety Division and the
Building Safety Division. As a result, the project will be conditioned to address their
concerns. Further, provisions are made in the General Plan, Development Code and
Specific Plan to ensure that the public health, safety and welfare are safeguarded, The
project is consistent with these documents,
6, The design of the subdivision provides for future passive or natural heating or cooling
opportunities in the subdivision to the extent feasible,
The design of the subdivision provides for future passive or natural heating or cooling
opportunities in the subdivision to the extent feasible. Prior to the construction of any
structures the applicant will be required to submit building plans to the Building
Department that 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,
All required rights-of-way and easements have been provided on the Tentative Tract
Map. The Public Works Department and Community Services District have reviewed the
proposed division of land and adequate conditions and/or modifications have been made
to the Tentative Tract Map.
8. The subdivision is consistent with the City's parkland dedication requirements (Quimby).
The proposed project is within an approved Specific Plan area. The Specific Plan was
designed and analyzed for a maximum of 2, 0 15 residential units and parkland has been
dedicated using this number. The proposed project will not exceed (he maximum number
of units in the Specific Plan area and is therefore consistent with Quimby.
ATTACHMENTS
1, Specific Plan Addendum - Blue Page 8
2. PC Resolution No. 2004-_ (General Plan Amendment, Roripaugh Ranch Specific Plan
Addendum, First Amendment to the Development Agreement and Tentative Tract Map)
(32004) - Blue Page 9
3, CC Draft Resolution No. 05 -_ (General Plan Amendment) - Blue Page 10
Exhibit A - Proposed General Plan Designation
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4, CC Draft Resolution No. 05 -_(Specific Plan Addendum) - Blue Page 11
Exhibit A - Proposed Specific Plan Addendum
Exhibit B - Draft Conditions of Approval
5. CC Draft Ordinance No. 05-_ (Specific Plan Zoning Standards) - Blue Page 12
Exhibit A - Proposed Zoning Standards
6. CC Draft Ordinance No. 05- _ (First Arnendment to Development Agreement) - Blue
Page 13
Exhibit A - Draft First Amendment to Development Agreement
Exhibit B - Attachment 5A
7, CC Draft Resolution No. 05-_ (Tentative Tract Map 32004) - Blue Page 14
Exhibit A - Draft Conditions of Approval
Exhibit B - Tentative Tract Map 32004
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7
ATTACHMENT NO.7
EXCERPT FROM DRAFT PLANNING COMMISSION MINUTES
(DECEMBER 15, 2004)
R\S P A\2004\04-0371, Roripaugh Ranch,1\CC Staff Report'1,doc
19
ITEM 19
APPROVAL 'AL)
CITY ATTORNEY ~.Pc.@:
DIRECTOR OF FINA E
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City Council
~usan W, Jones, City Clerk
January 11, 2004
DATE:
SUBJECT: Council Vacancy created by the election of Jeff Stone to Riverside County Board
of Supervisors
RECOMMENDATION:
Provide direction to staff regarding filling of Council vacancy,
SUMMARY: Council Member Jeff Stone was elected to the Riverside County Board of
Supervisors at the March 2, 2004 election, Council Member Stone formally submitted his letter
of resignation, effective January 3, 2005, the day he took office as a member of the Board of
Supervisors,
Within 30 days of the effective date of Council Member Stone's resignation, the Council may
either (1) appoint a replacement to serve out the remainder of his term or (2) call a special
election to be held on June 7, 2005 to elect a replacement to serve out the remainder of his
term,
BACKGROUND: Government Code Section 36512(b) provides that the City Council has 30
days from the "commencement of the vacancy" to appoint a replacement for Council Member
Stone to serve out his term or to call a special election to elect a replacement to serve out his
term, Commencement of the vacancy would be the effective date of his resignation and not the
date of the resignation letter,
Each option has its benefits, The first option, that of appointment, provides for a replacement
within 30 days, and saves the City the cost of an election, which is estimated between $40,000 _
$60,000, depending on whether administrative costs are charged,
If the Council chooses to appoint, the Council could accept applications and appoint in the same
manner as a Commission appointment, or select an alternate process, However, an
appointment must be made by February 2, 2005, to meet the 30-day requirement of the
Elections Code regarding appointments,
The second option is to hold a "special election," Under Government Code Section 36512(b)
the "special election" must be held on a regularly established election date" not less than 114
days from the call of the special election,
Elections Code Section 1000 sets the "established election dates" for a special election, The
earliest date a special election to fill Council Member Stone's seat on the Council would be
June 7, 2005, Unlike special elections for an initiative or regular council elections which may be
held 88 days following the call for the election, an election to fill a council vacancy must be held
not less than 114 days notice following the call of the special election,
Council action to call a special election on June 7, 2005 to fill Council Member Stone's seat
would need to be completed on or before February 12, 2005,
ITEM 20
APPROVAL
CITY ATTORNEY 'iiJ
DIRECTOR OF FIN E
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City Council
~usan W, Jones, City Clerk/Director of Support Services
January 11, 2005
DATE:
SUBJECT: Selection of City Council Committee Assignments
PREPARED BY:
Cheryl Domenoe, Administrative Assistant U
RECOMMENDATION:
1. Appoint a member of the City Council to serve as liaison to each of the City Commissions and
Committees:
Commission Liaison (One Member)
Community Services Commission
Old Town Local Review Board
Old Town Redevelopment Advisory Committee
Planning Commission
PublicfTraffic Safety Commission
2, Appoint two members of the City Council to serve on each of the following Advisory
Committees:
Advisorv Committees (Two Members)
Community Service Funding Ad Hoc Committee
Economic DevelopmenVOld Town Steering Committee
Finance Committee
Joint City CouncilfTVUSD Committee
Library Task Force
Old Town Temecula Community Theater Ad Hoc CommitteefTheater Advisory Committee
Public Works/Facilities Committee
Agenda Reports/Committee Assignments 2005
3, Appoint member(s) of the City Council to serve on each of the following external committees:
Representative AssiQnments (External Organizations)
Animal Friends Liaison/JPA Representative
French Valley Airport Committee
League of Calif, Congress - 2005 Voting Delegates
Murrieta Creek Advisory Board
National League of Cities Annual Congress - 2005 Voting Delegate
Pechanga Tribal Council Liaison
Riverside County Habitat Conservation Agency (advisory only)
Riverside County Transportation Commission
Riverside Transit Agency Representative
Temecula Sister City Corporation Board of Directors
Trails Master Plan Development Committee
WRCOG/RCA Representative
4, Appoint member(s) of the City Council to serve on each of the following Council Subcommittees:
Council Subcommittees
/'
Cable Franchise Renewal Committee
Campus Project Ad Hoc Council Subcommittee
Children's Museum Ad Hoc Subcommittee
Electrical Needs Ad Hoc Subcommittee
Old Town Civic Center Ad Hoc Subcommittee
Open Space Subcommittee
Ronald Reagan Sports Park Ad Hoc Subcommittee
SAF-T NET Subcommittee
Technology Ad Hoc Subcommittee
Telecommunications Subcommittee
Temecula Hospital Ad Hoc Subcommittee
Temecula/Murrieta Subcommittee
Veteran's War Memorial
Villages of Old Town Ad Hoc Committee
Wall of Honor Ad Hoc Subcommittee
Zone Committee (relating to TUMF Program for WRCOG)
5, Review the current members of the General Plan Community Advisory Committee and
appointment new members as appropriate:
General Plan Communitv Advisorv Committee
1 Planning Commissioner - David Matthewson
1 Public Traffic Safety Commissioner - Darrell Connerton
1 Community Services Commissioner - Jim Meyler
5 City Residents - Mark Broderick, Tony Harris, Paul Jacobs, Greg Morrison, John Telesio
1 Representative of the Chamber of Commerce - Janese Reyes
1 Representative of the EDC - Gary Youmans
1 Representative of a local environmental or community organization - Bob Wheeler
The 5 City residents represent one appointment from each Councilmember, Darrell Connerton is
no longer on the Traffic Commission so another representative for that commission will need to
be appointed,
Agenda Reports/Committee Assignments 2005
2
BACKGROUND: The City Council has established the policy of appointing one of its members to
serve as liaison to each of the City commissions and committees. This policy also included appointing
councilmembers to serve as the Council's representatives to external organizations and on a number of
Council ad-hoc sub-committees. These members will serve through calendar year 2005,
Attached for your convenience is a list of the Committee Assignments for 2004.
ATTACHMENTS:
2004 Committee Assignments List
Agenda Reports/Commitlee Assignments 2005
3
TEMECULA CITY COUNCIL
2004 Committee Assiqnments
Commission Liaison (One Member)
Community Services Commission
Old Town Local Review Board
Old Town Redevelopment Advisory Committee
Planning Commission
PublicfTraffic Safety Commission
Advisorv Committees (Two Members)
Community Service Funding Ad Hoc Committee
Economic Development/Old Town Steering Committee *
Finance Committee *
Joint City CouncilfTVUSD Committee *
Library Task Force
Old Town Temecula Community Theater Ad Hoc CommitteefTheater
Advisory Committee
Public Works/Facilities Committee *
* These meetings must be noticed at least 72 hours in advance.
Representative Assiqnments (External Organizations)
Animal Friends Liaison/JPA Representative
French Valley Airport Committee
League of Calif Congress - 2004 Voting Delegates
Murrieta Creek Advisory Board
National League of Cities Annual Congress - 2004 Voting Delegate
Pechanga Tribal Council Liaison
Riverside County Habitat Conservation Agency (advisory only)
Riverside County Transportation Commission
Riverside Transit Agency Representative
Temecula Sister City Corporation Board of Directors
Trails Master Plan Development Committee
WRCOG/RCA Representative
Council Subcommittees
Cable Franchise Renewal Committee
Campus Project Ad Hoc Council Subcommittee
Children's Museum Ad Hoc Subcommittee
Electrical Needs Ad Hoc Subcommittee
Old Town Civic Center Ad Hoc Subcommittee
Open Space Subcommittee
Ronald Reagan Sports Park Ad Hoc Subcommittee
SAF-T NET Subcommittee (also Connerton)
Technology Ad Hoc Subcommittee
Telecommunications Subcommittee
Temecula Hospital Ad Hoc Subcommittee
TemeculalMurrieta Subcommittee
Veteran's War Memorial
Villages of Old Town Ad Hoc Committee
Wall of Honor Ad Hoc Subcommittee
Zone Committee (relating to TUMF Program for WRCOG)
Usts\City Council Committee Assignments for 2004
Washington
Roberts
Comerchero
Naggar
Stone
Naggar, Stone
Roberts, Comerchero
Naggar, Stone
Roberts, Washington
Stone, Roberts
Comerchero, Washington
Roberts, Stone
Naggar
Washington
Naggar, (Alternate Comerchero)
Stone
Naggar, (Alternate Comerchero)
Roberts (Alternate Stone)
Steve Brown
Roberts, (Alternate Comerchero)
Comerchero, (A~emate Washington)
Stone
Naggar, Washington
Washington, (Alternate Stone)
Cornerchero
Naggar, Washington
Comerchero
Naggar, Comerchero
Cornerchero, Roberts
Naggar, Stone
Naggar, Roberts
Stone
Washington
Roberts, Stone
Naggar, Comerchero
Naggar, Washington
Stone, Comerchero
Roberts, Naggar
Stone, Comerchero
Roberts (alternate Naggar)
Weed Abatement Appeals Board
Two Persons - Chairpersons of Public/Traffic Safety Commission & Community Services Commission
General Plan Community Advisorv Committee
1 Planning Commissioner - David Matthewson
1 Public Traffic Safety Commissioner - Darrell Connerton
1 Community Services Commissioner - Jim Meyler
5 City Residents - Mark Broderick, Tony Harris, Paul Jacobs, Greg Morrison, John Telesio
1 Representative of the EDC - Gary Youmans
1 Representative of a local environmental or community organization - Bob Wheeler
1 Representative of the Chamber of Commerce - Janese M. Reyes
Community Little Book
27430 Enterprise Circle West #101, Temecula 92590
695-1928
ITEM 21
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAN~
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Council
FROM: Shawn Nelson, City Manager
DATE: January 11, 2005
SUBJECT: Disaster Relief Donation to the American Red Cross (Tsunami Victims)-
Requested by Mayor Comerchero & Council member Naggar
PREPARED BY: Aaron Adams, Sr, Management Analyst
RECOMMENDATION: That the City Council:
1) Provide direction to staff regarding an appropriation and donation of $25,000 to the
American Red Cross to assist with the disaster relief efforts underway in South Asia
2) Adopt the attached resolution of support for continued relief efforts
RESOLUTION 05-_
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMECULA IN SUPPORT
OF THE CONTINUED TSUNAMI DISASTER
RELIEF EFFORT IN SOUTH ASIA
BACKGROUND: Mayor Comerchero and Council member Naggar have requested that the
City Council consider donating $25,000 to the American Red Cross for disaster relief to assist in
the tragic events that took place on December 26'h from the earthquake and tsunamis in
Indonesia,
The death toll from the December 26'h tragedy which affected residents and tourists from
Thailand to East Africa, has topped 155,000. More than 94,000 of the dead were in Indonesia
and recent reports show as many as 3,000 Americans may also have lost their lives,
The U,S, Federal government has so far pledged $350 million for relief efforts as has Australia
($764.5 M) and Germany ($660 M). The International Federation of Red Cross and Red
Crescent Societies (Federation), along with national societies like the American Red Cross, are
partnering with numerous international humanitarian and non-government organizations to
coordinate relief efforts, American Red Cross personnel will assist in conducting disaster and
needs assessments, in addition to providing direct relief assistance to those affected by the
disaster.
R:\ADAMSA\COUNCIL\Tsunarn Relief Staff report.doc
The American Red Cross has reported the following information on the relief effort that is
underway:
. Nine American Red Cross workers currently in or en-route to affected areas (Sri Lanka,
Maldives, Indonesia and India) with expertise to support relief effort in three primary
areas: water sanitation services, family linking and reunification, and relief supply
distribution
. On December 31st, the American Red Cross announced an initial $30 million in aid was
on its way to the affected areas, Of this, $25 million will help pay for relief food supplies
and the other $5 million will be used for nonfood relief items, such as hygiene kits
. From December 26,2004, through January 2,2005 (as of 01/02105 @ 4:00 PM), more
than $79,2 million has been raised. Of that $79.2 million in pledged donations,
approximately $25,2 million has been received in cash, Approximately half of the
donations have come through the www,redcross,org online donation site
. American Red Cross leadership will continue to work with the International Federation of
Red Cross and Red Crescent, ils sister societies and other international partners in the
coming days and weeks on this expansive international relief effort
In addition, the attached resolution of support will be forwarded to the National League of Cities
in an effort to gain additional support for the relief effort from member cities.
FISCAL IMPACT: Should the City Council chose to approve this donation, an appropriation
of $25,000 will be necessary,
ATTACHMENT:
Resolution 05-_
R:\ADAMSA\COUNCIL\Tsunami Relief Staff report.doc
RESOLUTION No, 05_
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA IN SUPPORT OF THE CONTINUED TSUNAMI
DISASTER RELIEF EFFORT IN SOUTH ASIA.
WHEREAS, on December 26, 2004, a 9,0 magnitude undersea earthquake caused a
massive Tsunami affecting 12 countries around the Indian Ocean; and
WHEREAS, the current death toll in the affected region has reached 150,000 and is
expected to reach well over 200,000 in the coming weeks and months; and
WHEREAS, the International Federation of Red Cross and Red Crescent Societies
(Federation), along with national societies like the American Red Cross, are partnering with
numerous international humanitarian and non-government organizations to coordinate relief
efforts; and
WHEREAS, as a result of the generosity of the American Public, the American Red
Cross has announced an initial $30 million in aid to include food and non-food relief items; and
WHEREAS, the American Red Cross will continue to work with the International
Federation of Red Cross and Red Crescent Societies in an expansive international relief effort ;
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City of Temecula hereby
supports the American Red Cross in the expansive international disaster relief efforts in South
Asia and will encourage members of the National League of Cities to adopt a similar Resolution
of Support,
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at
a regular meeting held on the 11th d~y of January 2005,
Jeff Comerchero, Mayor
R:\ASHLEYS\Resolutions\Resolution- Continued ReliefEtTort in Indonesia.doc
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W, Jones, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No, 05- was duly and regularly adopted by the City Council of the City of Temecula
at a regular meeting thereof held on the 11th day of January 2005, by the following vote:
AYES:
o
COUNCILMEMBERS:
NOES:
o
COUNCILMEMBERS:
ABSENT:
o
COUNCILMEMBERS:
Susan W, Jones, CMC '
City Clerk
R:\ASHLEYS\Resolutions\Resolution. Continued Relief Effort in Indonesia.doc
ITEM 22
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: William G, Hughes, Director of Public Works/City Engineer
DATE: January 11,2005
SUBJECT: Draft Heritage Tree Policy
PREPARED BY: Beryl Yasinosky, Management Analyst
RECOMMENDATION: That the City Council review the attached draft of the Heritage
Tree Preservation and Protection Policy and appoint a subcommittee to finalize the policy.
BACKGROUND: The City of Temecula lies within a unique area of Riverside County, the
beauty and welfare of which is greatly enhanced by the presence of several species of native
and non-native trees of significant size and quality that contribute in a positive way to our
community's environment and heritage, However, sustaining our "Heritage Trees" in such a
rapidly developing area presents a challenge that requires careful planning and attentive
maintenance,
Land development is a complex process and is even more challenging when trees are involved.
Construction activity is one of the greatest causes of decline and death to Heritage Trees in the
City, In order to meet these challenges, the following draft Heritage Tree Preservation and
Protection Policy has been prepared in an effort to provide guidelines for land clearing and/or
development projects for which compliance with this Policy is a condition of approval. The
purpose of this Policy is to ensure that tree protection is initiated prior to construction, when
construction impacts can be minimized or avoided altogether, By assuring preservation and
protection through regulations and standards of care, our Heritage Trees will continue to add to
the unique character of the City of T emecula and its urban forest.
Staff is in the process of completing an inventory of our Heritage Tree(s) using the City's Global
Positioning System (GPS) and follow-up field visits to confirm the species, health and
desirability of such trees in accordance with the provisions of this policy, As a part of the Policy,
the Heritage Tree Inventory Listing will provide useful information to property owners, private
contractors and City employees whenever any development activity is planned or performed
near designated Heritage Trees. It is proposed that the inventory will be updated on a regular
basis to establish a baseline of where the Heritage Tree population has been, where it is today,
and where it is going in the future, The Policy also includes a section entitled "Submittal
Requirements for Tree Protection and Preservation Plans,"
It is recognized that there are a number of policy issues to be addressed before this draft can be
finalized, Staff recommends that Council appoint a subcommittee to work with staff to continue
development of the Heritage Tree Policy,
R:\agdrpt\05\0111\HeritageTreePolicy
FISCAL IMPACT:
ATTACHMENTS:
None.
(Draft) Heritage Tree Preservation and Protection Policy
R:\agdrpt\05\0111\HeritageTreePolicy
2
"DRAFT" Heritage Tree Policy 102204
CITY OF TEMECULA
HERITAGE TREE PRESERVATION
AND PROTECTION POLICY
"DRAFT" Heritage Tree Policy 102204
CITY OF TEMECULA
HERITAGE TREE PRESERVATION
AND PROTECTION POLICY
TABLE OF CONTENTS
INTRODUCTION ""..""..,..,..""""'..,....,.."""""""..,..""",,,..,..,..,..,..',.."",.."" """""""""..",,3
I, GENERAL INFORMATION
A. Criteria for Determination of Heritage Trees..,..,......................................,..........,.4
B, Preservation of Heritage Trees ,....,..,..,....,..,..,..,.,..,.."..,.."..,.."..,..,.."..,..,..,....,....4
C, Removal or Relocation of Heritage Trees.............................................................4
II, LAND DEVELOPMENT AND HERITAGE TREES
A. Pre-Consfruction - Tree Protection and Preservation Plan....................,..,..........5
1, Sife Plan,..,.."""",..,....,.."""..,..,....,....,..""..,..,..,..,.."",.."..,.."..,..,..,....,..,..,.... 5
2, Arborist Certification""..,..,....,..",..,..,..,....,..,..,..,..,.."..,.."..,.."..,..,..,..,..",..,..,.. 5
3, Tree Protection Zone ,..,..'....,..,....,..,..,....,..,..,..,..,..,..',..,.."..,..,'..,..,..,..,......,..,,5
4, Protective Fencing ,'....,..,..,....,..,....,..,..,..,....,..,..,..,..,'.."..,..,.."..,..'..,..,..,....,.... 6
5, Tree Pruning or Removal"..,....,..,..,....,..,..,..,...."..,..,..".."..,.."..,..,..,....,..,....,..6
6, Pre-Construction Meeting and Inspections...................................................... 6
B, Activities during Construcfion & Demolition near Trees..........,..,...... ........,.... ...., 7
1, Grading, Soil Compaction and Roof Protection ..,..,......,................,..,..,....,..,.., 7
2, Trenching, Excavation and Equipment Use....,...........................................,.... 7
3, Root Cutting""",..""""",..,.."""..",..,..,..""",..,..,..,.."",..""""",..""..,..""""" 8
III. HERITAGE TREE MAINTENANCE DURING CONSTRUCTION
A. Soil Compacfion Mitigafion ..,....,......,.............,..,........,......,.., ....,.......... ........,....,9
1, Mulch"""""""""""."""""""""""""""""""""""""""""""""""""""""""", 9
2, Root Buffer,..,..""""",..",..,..,..,....,.."""..,..,..,..,..,.."..,.., ,...."...."..,..,....,..",..",9
B, Irrigation"..,..""..,..,..",..",..,....,..,..,..,....,....,..,..,..,..,..,.."..,.."..,..,..,.."..,....,....,..,.., 9
C, Dusf Control",..,..,..,....,....,..,....,..,..,....,..,....,..,..,..,..,..,..".."..,..,.."...."..,..,....,..,.... 9
IV, DAMAGE TO HERITAGE TREES................................................................,10
V, DEFI NITIONS ,.."""""",..'"",.. "..,..",..,..'..",..,..,..,....,..,..,..,.."",.."..,.."..,..,..,..,..""".., 11
ATTACHEMENTS:
1, Submittal Requirements for Tree Protection and Preservation Plan
2, Heritage Tree Inventory Listing
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"DRAFT" Heritage Tree Policy 102204
HERITAGE TREE PRESERVATION
AND PROTECTION POLICY
Introduction
The City of Temecula lies within a unique area of Riverside County, the beauty and
welfare of which is greatly enhanced by the presence of several species of native and
non-native trees of significant size and quality that contribute in a positive way to our
community's environment and heritage, Sustaining our "Heritage Trees" in such a
rapidly developing area presents a challenge that requires careful planning and attentive
maintenance, In order to meet these challenges, the following Heritage Tree Policy has
been prepared to provide guidelines for land clearing and/or development projects for
which compliance with this Policy is a condition of approval. By assuring preservation
and protection through regulation and standards of care, our Heritage Trees will continue
to add to the unique character of the City of Temecula and its Urban Forest.
Staff has cornpleted an inventory of our Heritage Tree(s) using the City's Global
Positioning System (GPS) and follow-up field visits to confirm the species, health and
desirability of such trees in accordance with the provisions of this policy, The Heritage
Tree Inventory Listing is attached to this policy and provides useful information to
property owners, private contractors and City employees whenever any development
activity is planned or performed near designated Heritage Trees, The inventory will be
updated on a regular basis to establish a baseline of where the Heritage Tree population
has been, where it is today, and where it is going in the future. While it is expected that
most development projects that follow this Policy will reduce project impacts on Heritage
Trees to a level of insignificance, this policy does not exempt a project from being
reviewed pursuant to the California Environmental Quality Act (CEQA) and being
evaluated for significant project impacts to Heritage Trees,
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"DRAFT" Heritage Tree Policy 102204
I. GENERAL INFORMATION
A. CRITERIA FOR DETERMINATION OF HERITAGE TREES
Factors considered in determining if a tree qualifies as a "Heritage Tree" are the age,
size, rarity and appearance of the tree, Notwithstanding the preceding, each of the
following is determined to be a Heritage Tree:
. Native Oak Trees, more specifically identified as Quercus agrifolia (Coast Live
Oak) and Quercus engelmannii (Engelman Oak), having a circumference of
inches or greater, measured at a height of 4 feet above ground level.
. Any tree having a circumference 25 inches or greater, measured at a height of 4
feet above ground level, with the exception of trees within the Eucalyptus
species,
. A tree or trees of any size planted as a replacement for a Heritage Tree.
B. PRESERVATION OF HERITAGE TREES
Any person who owns, controls, or has custody of any real property with designated
Heritage Trees located thereon shall maintain those trees in a state of good health, This
includes parcels designated as permanent open space or for recreational purposes. It
shall be a violation of this Policy to destroy, remove or relocate designated Heritage
Trees without the approval of the Planning Director and/or any regulatory approvals
necessary for the development of real property located within the City of Temecula,
C. REMOVAL OR RELOCATION OF HERITAGE TREES
The proposed removal or relocation of a designated Heritage Tree must be approved by
the Planning Director in accordance with the provisions of this Policy before any action is
taken, The only exceptions to this provision are as follows:
. The Heritage Tree poses an immediate threat to life or public safety.
. The Heritage Tree is located on an occupied, single family residence or duplex,
and the owner has consented to the removal.
. The Heritage Tree is located within an existing or future public right-of-way or
easement area, real property, or maintenance area that has or will be dedicated
to the City, the Temecula Community Services District (TCSD) or any federal,
state, county or other government agency, and is in conflict with the
maintenance, construction or improvement of said public right-of-way, easement,
real property or maintenance area,
. Removal of a Heritage Tree that is specifically approved as part of a City-
approved Development Plan, conditional use permit, site development review or
subdivision map, Tree removal requested as part of any development approval
subject to City review shall be reviewed and approved with conditions, or denied,
as part of the entitiement process,
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"DRAFT" Heritage Tree Policy 102204
II. LAND DEVELOPMENT AND HERITAGE TREES
Land Development is a complex process and is even more challenging when trees are
involved, and construction activity is one of the greatest causes of decline and death to
Heritage Trees within the City, Tree protection should not begin subsequent to
construction, If preservation measures are delayed or ignored until construction begins,
the trees may be destined to fail. The goal of this Policy is to keep injury of trees to a
minimum and allow building/construction projects to proceed at the same time,
All Heritage Trees cannot and should not be preserved, Trees that have become
structurally unstable, in poor health, or unable to survive effect of construction become a
liability to the project and should be removed. This Policy acknowledges that conflicts
between Heritage Trees and development may sometimes result in the removal of trees,
and recognizes the detrimental effect to the project and community when these trees die
after construction is completed,
Successful tree preservation occurs when construction impacts to trees are minimized or
avoided altogether. The challenge is to determine when impacts will be too severe for
the tree to survive, not only in the short term but also in the long term, Although, there
are not quantitative methods to calculate these impacts, the following guidelines will
enhance the protection of Heritage Trees from preventable damage during land
development activities:
A. PRE-CONSTRUCTION - TREE PROTECTION AND PRESERVATION PLAN
If any activity of the project is within the dripline of a designated Heritage Tree, the
Planning Director will require a site specific Tree Protection and Preservation plan that
includes conditions of approval necessary to affect the purpose of this Policy, Such
conditions may include, but are not limited to, the following:
1, Site Plan, The site plan shall include accurately plotted trunk locations and the
dripline areas of all Heritage Trees within the proposed development area,
including the Tree Protection Zone (see Section A(3), "Tree Protection Zone,"
below) as mapped by a surveyor or engineer. Include construction staging areas
and delivery routes. (The preparer must be a Certified Arborist, Landscape
Architect or other qualified professional approved by the Planning Director).
2, Arborist Certification, A certified arborist may be required to determine and
provide a written report of the health and structural confirmation of the surveyed
Heritage Trees and to evaluate how they will respond to development. The
evaluation must describe the character of the trees and their suitability for
preservation at a level of detail appropriate for the project and phase of planning,
3, Tree Protection Zone, Tree roots are generally located in the top 12-24 inches of
soil and can extend to a distance exceeding the height of the tree and/or width.
The roots located 1-5 feet from the trunk are often relatively inactive, and if cut,
will cause a column of decay that can reach the top of a tree over time, The
feeder roots of the tree can sustain damage during construction from lack of
water, soil compaction or physical damage from cutting,
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"DRAFT" Heritage Tree Policy 102204
In and effort to minimize damage to the root system, each tree to be retained
shall have a designated Tree Protection Zone identifying the area sufficiently
large enough to protect the tree and its roots from disturbance, The Tree
Protection Zone shall be shown on all site plans. Improvements such as paving,
utility and irrigation trenching shall occur outside of the Tree Protection Zone,
The Protective Fencing shall serve as the Tree Protection Zone,
4, Protective Fencinq, The type of protective fencing shall be specified and
indicated on the pian with a bold dashed line, The plan shall indicate that no
construction staging or disposal of construction materials or byproducts, including
but not limited to paint, plaster, or chemical solutions is allowed in the Tree
Protection Zone,
All trees to be preserved shall be protected with five to six (5 to 6) foot high chain
link fences, Fences are to be mounted on two-inch (2") galvanized iron posts,
driven into the ground to a depth of at least two-feet (2') and at no rnore than ten-
foot (10') centers, A two-foot (2') wide gate shall be installed for tree
maintenance, Tree fencing shall be erected before demolition, grading, or
construction begins and remain until final inspection of the project. A warning
sign shali be prominently displayed on each protective fence, The sign shall be a
minimum of 8,5 inches x 11 inches and clearly state the following:
TREE PROTECTION ZONE
This Fence Shall Not be Removed
5. Tree Pruninq or Removal: Prior to construction, Heritage Tees may need to be
pruned away from structures or proposed construction activity, Construction or
contractor personnel shall not attempt prunina. Heritage trees must be
pruned by, or under the direction of, a certified arborist.
Removal of trees adjacent to Heritage trees that are to remain requires a great
amount of care and expertise, Only a certified arborist shall engage in tree
removal. Construction or contractor personnel shall not attempt tree
removal.
6, Pre-Construction Meetinq and Inspections, The Planning Director, or their
representative, may require an on-site pre-construction meeting with the
contractor and/or applicant to discuss tree protection with the site supervisor,
grading equipment contractors and demolition crew to assure that everyone fully
understands the procedures and tree protective measures concerning the project
site, staging areas, haul routes, watering, contacts, etc,
In addition, the Planning Director may require inspection by City staff to verify
placement of protective fencing and approval of materials prior to
commencement of construction, In addition, periodic inspections will be
conducted to verify adherence to the tree protection measures during the on-
going construction process.
6
"DRAFT" Heritage Tree Policy 102204
B, ACTIVITIES DURING CONSTRUCTION AND DEMOLITION NEAR TREES
Soil disturbance or other damaging activities within the Tree Protection Zone is
prohibited unless approved by a certified arborist to the satisfaction of the Planning
Director,
1, Gradinq, Soil Compaction and Root Protection, Grading activities and soil
compaction are the two factors most responsible for the decline of Heritage
Trees on construction sites, The greatest increase in soil density occurs during
the first few equipment passes over the soil. To dispense traffic weight, mulch
and temporary root buffers can be used (please see Section III(A), "Soil
Compaction Mitigation," The following guidelines can help to lessen compaction:
. Do not park vehicles or equipment, storage of building materials, refuse, or
excavated soils, or dump poisonous materials on or around trees and roots,
(Poisonous materials include, but are not limited to, paint, petroleum,
concrete, stucco mix, dirty water or any material that may be harmful to the
tree,)
. Do not compact soil to higher density than required in improved areas for
asphalt or concrete pavements, and not to exceed 85% density in
unimproved landscape areas,
. Grade changes within the Tree Protection Zone are not permitted. At no time
during or after construction should soil be in contact with the trunk of the tree
above the basal flair, '
. Grade changes outside of the Tree Protection Zone shall not significantly
alter drainage,
2, Trenchina, Excavation and Equipment Use. Trenching, excavation or boring
within the Tree Protection Zone shall be limited to activities approved by a
certified arborist. Alternatives should be explored for trenching outside the root
zone, Avoid exposing roots during hot weather. Backfill trenches as soon as
possible with soil and soak with water the same day, Small roots can die in 10 to
15 minutes and large roots may not survive an hour of exposure, If the trench
must be left open all roots must be kept moist by wrapping tem in peat moss and
burlap, If trenching is unavoidable, the following distances shall be maintained:
.;>'TRLJNKPIAMETER'::"~: "
fn~asured:4:5feetabovenatUh:l1 raae
Up to 6 inches
6-9 inches
10-14 inches
15-19 inches
over 19 inches
'.DJ S:r~Nc:;~ ~FRQM.BO')'H
.' : 'SIDESGF:rRUNK,
Past Dripline
5 feet
10 feet
12 feet
15 feet
. Excavation, Any approved excavation, demolition or extraction of material
shall be performed with equipment that is placed outside the Tree Protection
Zone, Hand digging, hydraulic, or pneumatic excavation are permitted
methods for excavation within the Tree Protection Zone,
7
"DRAFT" Heritage Tree Policy 102204
. Equipment. Use of backhoes, Ditch-Witches, steal tread tractors or other
heavy vehicles within the Tree Protection Zone is prohibited unless approved
by a certified arborist. If allowed, a protective root buffer is required. Do not
use tree trunks as a back stop, winch support, anchorage, as a temporary
power pole, signpost or other similar function.
. Tunnelinq and Directional Drillinq. Approved trenching, pipe or cable
installation within the Tree Protection Zone shall be either cut by hand, air-
spade, or by mechanically boring a tunnel under the roots with a horizontal
directional drill using hydraulic or pneumatic air excavation technology. In all
cases, install the utility pipe immediately, backfill with soak and soak with
water within the same day. Where acceptable, tunneling under the root
system can greatly reduce both damage to the tree and the cost to repair
landscape and other features destroyed in the trenching process. The
following recommendations for tunneling depths are provided as follows:
TRUNK DIAMETER
measured 4.5 feet above. natural
Less than 12 inches
12 inches or more
. MINIMUM TUNNEL DEPTH:.
,.<~+/~;.
24 inches
36 inches
3. Root Cuttinq. Cutting of tree roots by utility trenching, digging foundations,
placement of curbs and trenches, or other excavations requires prior approval of
the Planning Director. No roots greater than 2 inches in diameter shall be cut
without direction from a certified arborist. In the instance where root cutting is
unavoidable, cuts should be clean and made at right angles to the roots. When
practical, cut roots back to a branching lateral root.
8
"DRAFT" Heritage Tree Policy 102204
III. HERITAGE TREE MAINTENANCE DURING
CONSTRUCTION
Providing adequate maintenance can mitigate stressful changes that occur to a Heritage
Tree's environment during construction. To remain healthy, the tree needs to maintain
stored carbohydrates and preserve the effectiveness of its growth regulators. It is
recommended that development projects provide:
A. SOIL COMPACTION MITIGATION
To prevent negligent encroachment into the Tree Protection Zone, trees to be preserved
during construction must have the specified type of protection fences in place at all
times. Removal of fences, even temporarily, to allow deliveries or equipment access is
not allowed unless approved by a certified arborist and a root buffer is installed. The
root buffer components; mulch, gravel and plywood must be maintained continually to
assure its effectiveness against soil compaction.
1. Mulch: During construction, wood chips may be spread within the Tree
Protection Zone to a four to six (4 to 6) inch depth, leaving the trunk clear of
mulch. This will aid in inadvertent soil compaction and moisture loss. Mulch
shall be 2-inch (2") unpainted, untreated shredded wood or approved material.
2. Root Buffer: When areas under the tree canopy cannot be fenced, a temporary
buffer is required and shall cover the root zoned and remain in place at the
specified thickness until the final grading stage. The protective buffer shall
consist of shredded wood chips spread over the roots at a minimum of 6-inchers
(6") in depth (keeping the trunk clear of chips), and layered by o/.-inch quarry
gravel to stabilize the o/.-inch plywood sheets laid on top. Steel plates can also
be used.
B. IRRIGATION
Providing supplemental irrigation for trees under water stress may be the single most
important treatment. Irrigation should be designed to wet the soil within the Tree
Protection Zone to the depth of the root zone and to replace that water once it is
depleted. Light, frequent irrigation should be avoided. Create a 6 inch berm around
trees at the edge of the Tree Protection Zone and fill with no more than 6 inches of
mulch. Fill the basin with water. Irrigation should wet the top 2 to 3 feet of soil to
replicate similar volumes and normal rainfall patterns.
C. EROSION CONTROL
If a tree is adjacent to or in the immediate proximity to a grade slope of 8% or more,
approved erosion control or silt barrier shall be installed outside of the Tree Protection
Zone to prevent siltation or erosion within the zone.
D. DUST CONTROL
During extended periods of drought, wind or grading, trunks, limbs and foliage should be
sprayed with water to remove accumulated construction dust.
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"DRAFT" Heritage Tree Policy 102204
V. DAMAGE TO HERITAGE TREES
Any damage or injury to a Heritage Tree shall be reported as soon as possible to
Planning Director. If a Heritage Tree is removed or irreversibly damaged as determined
by the Planning Director, the contractor andlor developer may be required to install a
replacement tree matching in size, quality and variety. If an acceptable replacement tree
is not available, the contractor may be required to pay damages to the City for the value
of the damage tree in accordance with the latest edition of "Guide for Plant Appraisal" by
the International Society of Arboriculture.
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"DRAFT" Heritage Tree Policy 102204
VI. DEFINITIONS
"Applicant" means any person corporation, partnership association of any type, public
agency or other legal entity who submits an application for land development pursuant to
this Policy.
"Basal Flair" means the tree trunk where it emerges from the root system and flairs out
to create the base of the tree.
"Certified Arborist" means, for purposes of this Policy, an arborist who is registered in
good standing with the International Society of Arboriculture (ISA) and is in possession
of a City of Temecula business license.
"City" means the City of Temecula.
"Cutting" means the detaching or separating from a Heritage Tree any live limb or
branch over one inch (1 ") in diameter, any pruning which changes the shape or natural
character of the tree or any branch removal that removes more of the tree canopy than
recommended under International Society of Arboriculture (ISA) Standards.
"Damage" means any action that causes permanent injury, death or disfigurement to a
Heritage Tree. This may include, but is not limited to cutting, poisoning, over watering,
withholding water, unauthorized relocating or transplanting of a Heritage tree; including
trenching, excavating, or paving within Tree Protection Zone..
"Disfigurement" means the unsightly and injurious trimming of a Heritage Tree. This
shall include tree-trimming practices not in conformance with ISA standards. It shall
include pruning practices such as stubbing, heading, heading back, stubbing off,
pollarding, tipping, topping off, de-horning, lopping or rounding of any Heritage Trees.
"Designated Heritage Tree" means those trees possessing the qualifying attributes of
a Heritage Tree and identified on the Heritage Tree Inventory Listing attached to this
Policy.
"Development" means the improvement of any real property which requires the
approval of zoning, subdivision, conditional use permits, or site development review
permits.
"Director" means the Planning Director, or his or her designee.
"Drip line" means a limiting line, for tree protection purposes, of the outermost area of
the tree canopy (leafy area), and within which no construction or disturbance shall occur.
"Heritage Tree" means a species of native and non-native trees of significant size and
quality that contribute in a positive way to our community's environment and heritage.
"Owner" means the legal owner of real property within the City of Temecula and any
lessee of the owner.
"Person" means any individual, firm, association, corporation, organization, or
partnership or any city, county, district, the State or any department or agency thereof.
(14 Cal. Code of Regulations, Sec.3501)
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"DRAFT" Heritage Tree Policy 102204
"Planning Director" means the Director of Planning of the City of Temecula, or his or
her duly delegated representative.
"Pruning" means the removal of water sprouts, crossed limbs, or other unhealthy
branching structure as designated by the ISA. Such removal shall not change the
natural form of the tree, shall not consist of stubbing or heading back branches, and
shall in no case consist of removing more of the total tree canopy than recommended
under ISA.
"Relocation" means the transplanting of a tree from its original location to another
suitable location.
"Removal" means the physical removal of a tree, or causing the death or untimely
decline or a tree through actions including but not limited to damage, destruction,
unnecessary disfigurement, withholding water, poisoning, or other deliberate or willful
action or inaction.
"Right-of-Way" or "Public Right-of-Way" means, for purposes of this Ordinance, the
dedicated street right-of-way, or recorded easements for routine maintenance andlor
utility purposes, located within the City of T emecula.
"Root Protection Zone" means the area within a circle with a radius equal to the
greatest distance from the trunk to any overhanging foliage in the tree canopy.
"Routine Maintenance" means the actions needed for the continued health of the tree
including but not limited to, the removal of deadwood or storm damaged branches, light
pruning to improve scaffolding, and removal of branches less than one inch (1 ") in
diameter.
"Site" means the real property on which activities subject to this Policy may occur.
"Tree" means, for purposes of this Policy, a Heritage Tree.
"Tree Canopy" means the area of a tree that consists primarily of branches and leaves.
"Tree Protection Zone" means an area identified by the City in which no soil
disturbance is permitted and activities are restricted around Heritage Tree(s) - Usually
the area of a temporary fenced tree enclosure.
"Urban Forest" means the natural resource composed of all tree on public and private
property within the City limits and sphere of influence.
12
"DRAFT" Heritage Tree Policy 102204
Submittal Requirements for
Tree Protection and Preservation Plans
The items listed below are basic requirements to be included in the Tree Protection and
Preservation Plan. As each project is unique, the applicant should consult with City staff
to determine exact submittal requirements.
Standard Plan Requirements:
1. Clearly differentiate between existing and proposed site improvements on all
plans.
2. Include preparer's name, title, license number, address, and telephone
number (pre parer must be a Certified Arborist, Landscape Architect or other
qualified professional approved by the Planning Director).
3. Include project title, project address, and property owner's name.
4. Provide date of last revision, north arrow, and drawn to scale (no smaller than
1" = 40'-0")
5. Label all property lines; include existing and proposed easements.
6. Label and provide width of existing and proposed roadways, access
driveways, improvements within the public right-of-ways.
7. Identify staging areas, storage location for construction materials and
equipment, and vehicular and equipment ingress and egress.
Trees:
1. Identify all existing trees and show exact locations to scale, as follows:
A. All trees, regarding of size.
B. All designated Heritage Trees (as identified in the Heritage Tree Inventory
Listing).
C. The diameter of each tree.
D. Show each trunk for multi-trunk trees
2. The tree's species and common name must be directly on the plan or keyed
to a legend. Indicate whether the tree is a single or multi-trunk, and to be
removed or preserved. If symbols are used for trees, a different symbol must
be used for each species.
3. For all Heritage Trees to be preserved on site, clearly identify the fencing
protecting the Tree Protection Zone with a bold dashed line. Identify support
poles and the access gate. The protective fencing must be located outside of
the Tree Protection Zone; in-ground chain link and a minimum of 5 feet in
height.. The Tree Protection Zone is the area sufficiently large enough to
protect the tree and its roots from disturbance, as determined by a certified
arborist.
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"DRAFT" Heritage Tree Policy 102204
4. Indicate that no construction staging or disposal of construction materials or
byproducts, including but not limited to paint, plaster, or chemical solutions is
allowed in the Tree Protection Zone.
5. Where mulch is required, show the mulch area and indicate mulch materials
and depth.
6. Include notes or measures to maintain andlor improve the health of the
protected Heritage Trees, such as schedule of watering during construction,
deadwood removal, pest management or other practices.
Utilities:
1. Show location of proposed utility lines (above and below grade) and width,
depth, and method of tunneling or digging any proposed trenches.
2. Show point of connection for utilities and controllers.
GradinglDrainage:
1. Show width and location of all existing or proposed drainage easements and
watercourses; indicate drainage structures.
2. Show existing and proposed contour lines.
Structures:
1. Outline and label all existing or proposed structures (including walls, fences,
etc.), drawn to scale, and shown in their exact location.
2. Indicate location, width, and depth of all trenches for footings including
excavations for any subsurface improvement.
Irrigation:
1. Indicate location, width, depth and method of tunneling or digging of
proposed trenches for irrigation lines (mainlines and lateral lines) effecting
protected Heritage Trees.
Photographs:
1. Provide photograph of protected Heritage Trees that shows the form and
orientation on the property, as well as the conditions on the site. Heritage
Trees on adjacent properties must also be identified on the plan.
2. Photographs must be labeled with the property address (or Assessor's Parcel
Number (APN), date, and keyed to a site plan showing the viewpoint in which
the photograph was taken.
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"DRAFT" Heritage Tree Policy 102204
HERITAGE TREE INVENTORY LISTING
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15