HomeMy WebLinkAbout071205 CC Agenda
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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
JULY 12, 2005 - 7:00 P.M. ,
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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. ,
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Next in Order:
Ordinance: No. 2005-14
Resolution: No. 2005-72 ,
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CALL TO ORDER: Mayor Jeff Comerchero I
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Prelude Music: The Musicians Workshop
Invocation: Pastor Leon Franklin of Living Word Church ,
Flag Salute: Councilman Washington
ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero
PRESENTATIONS/PROCLAMATIONS
Certificate of Achievement to Bubba Riaains for attainina Eaale Scout Rank
PUBLIC COMMENTS
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A total of 30 minutes is provided so members of the public may address the Council on
items that appear within the Consent Calendar or ones that are not listed on the agenda.
Speakers are limited to two (2) minutes each. If you desire to speak to the Council on
an item which is listed on the Consent Calendar or a matter not listed on the agenda, a
pink "Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all Public Hearing or Council Business matters on the agenda, a "Request to
Speak" fonm must be filed with the City Clerk prior to the Council addressing that item.
There is a five (5) minute time limit for individual speakers. ,
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CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made
at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports.
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will
be enacted by one roll call vote. There will be no discussion of these items unless
Members of the City Council request specific items be removed from the Consent
Calendar for separate action.
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the
agenda.
2 Minutes
RECOMMENDATION:
2.1 Approve the minutes of June 14,2005.
3 Resolution approvina List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. OS-_
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 May 31,2005.
5 Dalton II (PA05-0171l
RECOMMENDATION:
5.1 Adopt a resolution entitled:
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RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, APPROVING A HEIGHT INCREASE OF ONE-
STORY FOR PLANNING APPLICATION NO. PA05-0171,
LOCATED AT 41925 FIFTH STREET, GENERALLY LOCATED
ON THE NORTH SIDE OF FIFTH STREET, APPROXIMATELY
200 FEET WEST OF MERCEDES STREET, KNOWN AS
ASSESSOR PARCEL NO. 922-024-12 AND 922-024-13
6 Professional Services Aareement RBF Consultina Amendment NO.1 Optional Tasks
17,18. and 19 1-15/State Route 79 South Ultimate Interchanae Proiect No. PW04-08
RECOMMENDATION:
6.1 Approve the First Amendment to the agreement with RBF Consulting in an amount
no to exceed $98,196 to conduct additional environmental analyses, alternative
geometric design, and supplemental traffic analyses for the 1-15/State Route 79
South Ultimate Interchange - Project No. PW04-08 and authorize the Mayor to
execute the amendment.
7 Award a Construction Contract for Traffic Sianal Installation at SR 79 South and Country
Glen Wav Proiect No. PW04-09
RECOMMENDATION:
7.1 Award a construction contract for Traffic Signal Installations at SR 79 South and
Country Glen Way - Project No. PW04-09 to DBX, Inc. in the amount of $149,218
and authorize the Mayor to execute the contract;
7.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $14,921.80, which is equal to 10% of the contract amount;
7.3 Approve an appropriation in the amount of $142,140 to fund the administrative and
construction costs for the Traffic Signal Installation at SR 79 South and Country
Glen Way from Developer Mitigation fees;
7.4 Approve a transfer in the amount of $57,000 of Developer Impact Fees - Traffic
from the Redhawk Parkway at Overland Trail traffic signal installation project to the
SR 79 South and Country Glen Way project.
8 Authorize Temporary Street Closure of Main Street between Old Town Front Street and
Puiol Street for the Saturdav Niahts on Main Street event scheduled for Julv 16, Auaust
20. and September 17. 2005. and deleaate authority to issue a Special Events/Street
Closures Penmit to the Director of Public Works/City Enaineer
RECOMMENDATION:
8.1 Adopt a resolution entitled:
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RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE
OF MAIN STREET BETWEEN OLD TOWN FRONT STREET
AND PUJOL STREET FOR THE SATURDAY NIGHTS ON MAIN
STREET EVENT SCHEDULED FOR JULY 16TH, AUGUST 20TH,
AND SEPTEMBER 17TH, 2005 AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A
SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES
9 Parkina Restrictions Winchester Road and Route 79 South
RECOMMENDATION:
9.1 Adopt a resolution entitled:
RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, ESTABLISHING A PARKING RESTRICTION ON
BOTH SIDES OF WINCHESTER ROAD BETWEEN
JEFFERSON AVENUE AND WINCHESTER CREEK AVENUE
AND ROUTE 79 SOUTH BETWEEN BEDFORD COURT AND
TEMECULA CREEK ROAD
10 Acceptance of Quitclaim Deeds Redhawk Park A
RECOMMENDATION:
10.1 Accept and record the Grant Deed for Redhawk A, subject to all title report issues
being reviewed and approved by the TCSD and the City Attorney's Office;
10.2 Authorize vacation of Quitclaim Landscape Easement Deed for Redhawk Park A.
11 Bovs and Girls Club Ground Lease Amendment
RECOMMENDATION:
11.1 Approve the First Amendment to Ground Lease by and between the City of
Temecula and the Boys and Girls Club of Southwest County.
12 Second Readina of Ordinance No. 05-10 (T emecula Education Center)
RECOMMENDATION:
12.1 Adopt an ordinance entitled:
ORDINANCE NO. 05-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF TEMECULA AND AGK GROUP, LLC, ESTABLISHING
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CERTAIN DEVELOPMENT RIGHTS FOR THE TEMECULA
EDUCATION CENTER (PA04-0582 AND PA05-0070)
13 Second Readina of Ordinance No. 05-11 (Temecula Education Center)
RECOMMENDATION:
13.1 Adopt an ordinance entitled:
ORDINANCE NO. 05-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE ZONING MAP OF THE CITY OF
TEMECULA FROM PUBLIC INSTITUTIONAL (PI) TO PLANNED
DEVELOPMENT OVERLAY (PDO-10) AND ADOPTING
SECTIONS 17.22.210 THROUGH 17.22.218 INCLUDING THE
PDO-10 TEXT AND DEVELOPMENT STANDARDS FOR A SITE
GENERALLY LOCATED AT THE NORTHWEST CORNER OF
DIAZ ROAD AND DENDY PARKWAY KNOWN AS ASSESSOR
PARCEL MAP NO. 909-370-002
14 Second Readina of Ordinance No. 05-13 (Stormwater Runoff Qualitvl
RECOMMENDATION:
14.1 Adopt an ordinance entitled:
ORDINANCE NO. 05-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 8.28 OF THE TEMECULA
MUNICIPAL CODE WHICH IMPOSES THE REQUIREMENTS
OF THE NATIONAL POLLUTION DISCHARGE ELIMINATION
SYSTEM (NPDES) PERMIT CONCERNING STORMWATER
RUNOFF QUALITY; POLLUTION DISCHARGES; CONTROL OF
URBAN RUNOFF; INSPECTIONS OF SOURCES OF
DISCHARGES; ENFORCEMENT OF WATER QUALITY AND
DISCHARGE REGULATIONS AND PERMITS WITHIN THE CITY
OF TEMECULA AND AUTHORIZING THE DIRECTOR PUBLIC
WORKS/CITY ENGINEER TO PREPARE A MANUAL SETTING
FORTH THE ADMINISTRATIVE RULES, PROCEDURES, AND
REQUIREMENTS NECESSARY TO IMPLEMENT THIS
ORDINANCE
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RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT
AND
THE CITY OF TEMECULA REDEVELOPMENT AGENCY
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TEMECULA COMMUNITY SERVICES DISTRICT MEETING
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Next in Order:
Ordinance: No. CSD 2005-01
Resolution: No. CSD 2005-21
CALL TO ORDER: President Chuck Washington
ROLL CALL:
DIRECTORS:
Edwards, 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 ?Ire called to speak, please
come forward and state your name and address for the record.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of June 28, 2005.
DIRECTOR OF COMMUNITY SERVICES REPORT
GENERAL MANAGER'S REPORT
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BOARD OF DIRECTORS' REPORTS
ADJOURNMENT
Next regular meeting: Tuesday, July 26, 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 2005-06
CALL TO ORDER:
Chairperson Ron Roberts
ROLL CALL
AGENCY MEMBERS:
Roberts
Edwards, Comerchero, Naggar, Washington,
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 vour name and address for the record.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1
Approve the minutes of June 28, 2005.
2 Revision of the Residential Improvement Proaram
RECOMMENDATION:
2.1 Approve the revised Program parameters for the Residential Improvement Program.
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EXECUTIVE DIRECTOR'S REPORT
AGENCY MEMBERS' REPORTS
ADJOURNMENT
Next regular meeting: Tuesday, July 26, 2005, City Council Chambers, 43200 Business Park Drive,
Temecula, California.
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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.
15 General Plan Amendment
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE GENERAL PLAN LAND USE
MAP FOR PROPERTIES WITHIN THE MEADOWVIEW TRACT
FROM LOW DENSITY (L) RESIDENTIAL AND RURAL
RESIDENTIAL (RR) TO VERY LOW (VL) DENSITY
RESIDENTIAL; AND ADDING TEXT TO THE GENERAL PLAN
LAND USE ELEMENT RELATED TO THE LAND USE
COMPATIBILITY
16 Consistencv Rezonina Ordinance (PA05-0085)
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 THE OFFICIAL ZONING MAP OF THE
CITY OF TEMECULA AND AMENDING PORTIONS OF TITLE
17 OF THE TEMECULA MUNICIPAL CODE TO ACHIEVE
CONSISTENCY WITH THE PROVISIONS AND
REQUIREMENTS OF THE UPDATED CITY GENERAL PLAN
(PA05-0085)
17 An Appeal of the Plannina Commission decision to approve a Development Plan
Application for the Harveston Retirement Residence PA04-0393
RECOMMENDATION:
17.1 Adopt a resolution entitled:
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RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DENYING AN APPEAL OF THE PLANNING
COMMISSION DECISION TO APPROVE PLANNING
APPLICATION NO. PA04-0393, A DEVELOPMENT PLAN TO
CONSTRUCT, ESTABLISH, AND OPERATE A THREE-STORY,
115-UNIT SENIOR CONGREGATE CARE FACILITY ON 2.1
ACRES LOCATED AT THE SOUTHEAST CORNER OF
VILLAGE ROAD AND TOWNSHIP ROAD WITHIN THE
HARVESTON SPECIFIC PLAN AREA ALSO KNOWN AS APN
916-560-010
COUNCIL BUSINESS
18 Appointment of Subcommittee for Infrastructure Beautification
RECOMMENDATION:
18.1 Appoint a subcommittee to develop recommendations for policies and programs for
beautification of public infrastructure.
19 Plannina Commission Appointments
RECOMMENDATION:
19.1 Appoint two applicants to serve on the Planning Commission, one for a full three-
year term through June 15, 2008 and one un-expired term through June 4,2007.
20 Old Town Local Review Board Appointments
RECOMMENDATION:
20.1 Appoint three applicants to serve full three-year terms (two regular and one
alternate) on the Old Town Local Review Board.
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
ADJOURNMENT
Next regular meeting: City Council, Tuesday, July 26. 2005, at 7:00 P.M., City Council
Chambers, 43200 Business Park Drive. Temecula, California.
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PROCLAMATIONS'
AND
PRESENTATIONS
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ITEM 1
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ITEM 2
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
JUNE 14, 2005
The City Council convened in Closed Session at 6:30 P.M., on Tuesday, June 14, 2005, in the
City Council Chambers of Temecula City Hall, 43200 Business Park Drive. Temecula,
California. The Open Session convened at 7:00 P.M.
Present:
5
Council members:
Edwards, Naggar, Roberts, Washington, and
Comerchero
Absent:
o
Councilmembers:
None
PRELUDE MUSIC
The prelude music was provided by M.O.T.I.F.
INVOCATION
The invocation was given by Pastor Skip McComas of Hope Lutheran Church.
NATIONAL ANTHEM
The National Anthem was sung by M.O.T.I.F.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Councilman Naggar.
PRESENT A TIONS/PROCLAMA TIONS
Certificates of Achievement to Craia Brown and Matthew Duvall for attaininq the rank of Eaale
Scout
Mayor Comerchero presented the Certificates along with the City Eagle Scout pin to Craig
Brown and Matthew Duvall who, in turn, provided a brief overview of their Eagle Scout project.
SCEGA Gvmnastics
Praising SCEGA Gymnastics on its numerous achievements, Councilman Washington
presented the Certificate of Achievement to co-owners Kathy Strate and Kathy Bader who, in
turn, introduced champion gymnasts.
Amateur Radio Week Proclamation
Mayor Comerchero proclaimed the week of June 19 - 26, 2005, as Amateur Radio Week.
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PUBLIC COMMENTS
A. Ms. Holly Wardrop, Temecula, representing St. Jeanne de Lestonnac School, expressed
concern with the rapidly increasing numbers of day laborers stationed on Butterfield Stage
Road, commenting on issues such as loitering and public urination. In an effort to address this
issue, she suggested the following: paint the street curbs red, place no parking signs along
Butterfield Stage, install a bike lane, and/or pass a City ordinance prohibiting loitering within one
mile of any school. Realizing that Butterfield Stage Road is governed by the City as well as the
County, Ms. Wardrop advised that she will forwarding these recommendations as well to
Supervisor Stone.
Referencing an ordinance adopted in the City of Redondo Beach, prohibiting
access/stopping in the right-of-way to solicit work, which is now under litigation, Councilman
Naggar advised that he has requested the City Attorney to monitor this matter; depending on its
progress, noted that he may ask the City Council to adopt a similar ordinance; and concurred
with Ms. Wardrop's suggestion of installing no parking signs and enacting a no loitering
ordinance near schools. If anyone were to believe individuals at Butterfield Stage Road were
illegal, Mr. Naggar recommended that the residents contact Immigration and Custom
Enforcement (I.C.E.) or to forward issues of concern to him and he would contact I.C.E. on the
residents' behalf.
With the concurrence of the County, Mayor Pro Tem Roberts recommended that the
signs read no stopping at any time.
Mayor Comerchero requested that this matter be agendized to the June 28, 2005, City
Council meeting.
B. Advising that the Consortium in collaboration with the County of San Bernardino at its
annual Inland Empire Legislative Breakfast recognized individuals that have made outstanding
contributions to early childhood education and child care, Ms. Jan Peterson, representing the
Riverside County Child Care Consortium, apprised the City Council that three men -- Building
and Safety Director Elmo, Fire Chief McBride, and Assistant City Manager O'Grady -- were
recognized for their contributions and commitment to child care. Each recipient was honored
with a handprint picture made by children in a child care center.
Mayor Comerchero extended his appreciation to Ms. Peterson for recognizing these
well-deserved individuals.
C. Mr. Mike Kuhn, Temecula, addressed his perception of circulation problems in the
Meadowview area, commenting on unblocking all City streets and the placement of stop signs
at Pina Coli ad a and La Serena.
CITY COUNCIL REPORTS
A. Having attended a presentation sponsored by the Temecula Valley Young Marines,
Councilman Washington apprised the public and the City Council of this organization's need for
a location to meet and encouraged those that may be able to assist to call Staff Sergeant Kevin
Marino at 951-694-3349 or www.vounamarines.com.
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Commenting on the recent Every 15 Minutes Program, Mr. Washington described the
purpose of this worthwhile program and commended and thanked the Police and Fire
Departments on the realism and professionalism of this program.
Advising that the student participants of the Youth in Government Program will be
provided DVDs of the event, Mr. Washington provided a more detailed overview of the mock
City Council meeting and the process involved in coordinating a City Council agenda packet and
once again, thanked City Manager Nelson for his support of the program, City Clerk Jones and
Ms. Danielle Ciark from the School District for their associated efforts.
B. Having addressed the City's Stop Light Abuse Program (S.L.A.P.) at the last City
Council meeting, Councilwoman Edwards confirmed that the weekly S.L.A.P. report is now
available on the City's website; advised that the low-flow crossing at Via Montezuma has been
opened; and noted that traffic improvements on Winchester Road and Jefferson Road are
rapidly concluding.
C. Mayor Pro Tern Roberts advised that the Board of Supervisors took action to change the
Citrus Vineyard District regulations and to adopt an ordinance similar to the Napa Valley
Agriculture Ordinance, limiting store fronts from selling a greater percentage of wines not from
the Temecula area.
It being the week of graduation, Mr. Roberts expressed how proud he is of all the
graduates of Temecula Valley High School and Chaparral High School but was especially proud
of his grandson Korey Holaas who will be graduating from Chaparral High School.
D. Addressing the traffic improvements that are near completion, Mayor Comerchero
requested, in response to residents' phone calls/em ails, that a status report of these traffic
improvements along with alternative routes be posted on the website and that a website
demonstration be provided at the June 28, 2005, City Council meeting.
Having attended the U.S. Conference of Mayors in the City of Chicago, Mr. Comerchero
reported that the fight to preserve Community Development Block Grant Funds has been
successful and apprised of the formation of a new caucus (Mayors' Caucus) comprised of
members of the House of Representatives who have previously served as Mayors or City
Councilmembers before their election to the House.
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 May 10, 2005;
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2.2 Approve the minutes of May 18, 2005 (Budget Workshop);
2.3 Approve the minutes of May 24, 2005.
3 Resolution approvinq List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 05-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
4 Citv Treasurer's Report
RECOMMENDATION:
4.1 Receive and file the City Treasurer's Reports as of April 30, 2005.
5 Professional Services Aareement for Annual Administration of CFDs/AD
RECOMMENDATION:
5.1 Approve a one-year Professional Services Agreement with Albert A. Webb &
Associates for debt service administration for Fiscal Year 2005-2006 for the City's
Community Facilities District and Assessment District in the amount of $53,500.
6 Redhawk Annexation Aareement
RECOMMENDATION:
6.1 Approve the Redhawk Annexation Agreement NO.2 (Revenue Reimbursement) and
Redhawk Annexation Agreement NO.3 (Property Tax In-Lieu of Vehicle License
Fees).
7 Trustee/Fiscal Aaent Services for FY 2005-2006
RECOMMENDATION:
7.1 Approve the expenditure of $41,260 for annual Trustee/Fiscal Agent services
provided by US Bank for the City's Community Facilities Districts, Assessment
District, Tax Allocation Bonds, and Certificates of Participation for FY 2005-2006.
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8 Accela/Permits Plus Maintenance Aareement
RECOMMENDATION:
8.1 Authorize the purchase of the annual maintenance support for the following
Accela/Permit Plus Applications: Permits Plus Base, Client Server, Workflow, and
Wireless Modules for the total amount of $30,485.24.
9 Purchase of Police Motorcycles
RECOMMENDATION:
9.1 Approve the purchase of two 2006 Harley-Davidson FLHPI Road King Police
Motorcycles from Quaid Harley-Davidson for a total amount of $46,131.14.
10 Purchase of one Type-1 Fire Enaine
RECOMMENDATION:
10.1 Approve the purchase of a Type-1 Fire Engine from Smeal Fire Apparatus Company
for $341 ,382.17;
10.2 Approve an appropriation of $11,383 from DIF Fire Mitigation.
11 Voter Approved Measure C Annual Special Tax Levy
RECOMMENDATION:
11.1 Adopt a resolution entitled:
RESOLUTION NO. 05-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL
TAX LEVY FOR FISCAL YEAR 2005-2006 TO PROVIDE FOR
RECREATION AND HUMAN SERVICES PROGRAMS AND THE
OPERATION, MAINTENANCE AND SERVICING OF PUBLIC
PARKS AND RECREATIONAL FACILITIES, MEDIAN
LANDSCAPING, AND ARTERIAL STREET LIGHTS AND
TRAFFIC SIGNALS
12 Aareement for Architectural Consultina Services between the City of Temecula and Roaer
Cantrell
RECOMMENDATION:
12.1 Approve a contract with Roger Cantrell for architectural plan review services in the
amount of $109,000;
12.2 Approve a contract contingency of 10% or 10,900.
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13 Aareement for Telecommunication Facilities Application Review Consultina Services
between the City of Temecula and Kramer Firm, Inc.
RECOMMENDATION:
13.1 Approve a contract with Kramer Firm, Inc. for telecommunication application review
services in the amount not to exceed $27,250;
13.2 Approve a contract contingency of 10% or $2,725.
14 Aareement for Consultina Services between the City of Temecula and PELA
RECOMMENDATION:
14.1 Approve a contract with PELA for landscape plan check and inspection consulting
services in the amount of $1 00,000.
15 Street Name Chanae from North Plaza Drive and Park Plaza Lane to DLR Drive
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 05-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA CHANGING THE STREET NAME FROM NORTH
PLAZA ROAD AND PARK PLAZA LANE TO DLR DRIVE
16 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for
the Installation of Intersection Traffic Monitorina Systems and Traffic Sianallnterconnect
Eauipment - FY2004-2005 - Proiect Nos. PW04-05 and PW05-05
RECOMMENDATION:
16.1 Approve the plans and specifications and authorize the Department of Public Works
to solicit construction bids for the installation of Intersection Traffic Monitoring
System and Traffic Signal Interconnect Project - FY2004-2005 - Project Nos.
PW04-05 and 05-05.
17 Public Works Fiscal Year 2005-2006 Annual Maintenance Aareements
RECOMMENDATION:
17.1 Approve the Annual Maintenance contracts for Fiscal Year 2005-2006 with:
1. NPG, Inc. (aka Nelson Paving & Sealing) for an amount not to
exceed
$ 50,000
2. Toran Development & Construction for an amount not to exceed $ 50,000
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3. Pacific Striping, Inc. for an amount not to exceed $ 50,000
4. Strong's Painting for an amount to not exceed $100,000
5. Monteleone Contractors, Inc. for an amount not to exceed $150,000
6. Becker Engineering for an amount not to exceed $200,000
7. Imperial Paving Company Inc. for an amount not to exceed $200,000
8. Rene's Commercial Management for an amount not to exceed $200,000
18 Annual Purchase Aareement for Citywide Street Name Sians, Traffic Control Siqns,
Replacements and Repairs for Fiscal Year 2005-2006
RECOMMENDATION:
18.1 Approve an annual agreement with Main Street Signs for the purchase of Citywide
street name signs, traffic control signs, replacements, and repairs in the amount of
$60,000 for Fiscal Year 2005-2006.
19 Second Amendment to Citvwide Tree Trimmina Maintenance Services Contract
RECOMMENDATION:
19.1 Approve the Second Amendment to the Citywide Tree Trimming Maintenance
Services contract to West Coast Arborists, Inc. for $100,000 and authorize the
Mayor to execute the contract;
19.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $10,000 which is equal to 10% of the contract amount.
20 First Amendments to Professional Services Aareements for Geotechnical & Material
Testina Services for various Capital Improvement Proiects for FY2005-2006
RECOMMENDATION:
20.1 Approve the First Amendment to the Fiscal Year 2005-2006 Professional Services
Agreement with EnGEN Public Works Services in the amount of $60,000 to provide
as-needed geotechnical & material testing services and authorize the Mayor to
execute the amendment;
20.2 Approve the First Amendment to the Fiscal Year 2005-2006 Professional Services
Agreement with Ninyo & Moore in the amount of $60,000 to provide as-needed
geotechnical & material testing services and authorize the Mayor to execute the
amendment.
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21 First Amendments to Professional Services Aareements for Survev Services for various
Capital Improvement Proiects for FY2005-2006
RECOMMENDATION:
21.1 Approve the First Amendment to the Fiscal Year 2004-2005 Professional Services
Agreement with Cozad & Fox, Inc. in the amount of $60,000 to provide as-needed
survey services and authorize the Mayor to execute the amendment;
21.2 Approve the First Amendment to the Fiscal Year 2004-2005 Professional Services
Agreement with Hall & Foreman, Inc. in the amount of $60,000 to provide as-
needed survey services and authorize the Mayor to execute the amendment.
22 Award the Construction Contract for Proiect No. PW04-16 - Slurrv Seal Proiect - FY2004-
2005
RECOMMENDATION:
22.1 Award a construction contract for Project No. PW04-16 Slurry Seal Project - FY
2004-2005 - to All American Asphalt in the amount of $338,159.68 and authorize
the Mayor to execute the contract;
22.2 Authorize the City Manager to approve change order not to exceed the contingency
amount of $33,815.97 which is equal to 10% of the contract amount.
23 Award a Construction Contract for the Citywide Concrete Repairs FY2004-2005 Proiect
No. PW05-03
RECOMMENDATION:
23.1 Award a construction contract for Citywide Concrete Repairs FY2004-2005 - Project
No. PW05-03 to Portsmouth Construction, Inc. in the amount of $165,430 and
authorize the Mayor to execute the contract;
23.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $16,543 which is equal to 10% 'of the contract amount.
24 Tract Map Nos. 30264-3, -6, -9, -10, & -13 (located east of Pechanaa Parkway. south of
Wolf Vallev Road. in the Wolf Creek Specific Plan No. 12 EIR)
RECOMMENDATION:
24.1 Approve Final Tract Map Nos. 30264-3, -6, -9, -10, & -13 in conformance with the
conditions of approval;
24.2 Approve the Subdivision Improvement Agreements;
24.3 Approve the Monument Agreements and accept the Faithful Performance Bonds,
Labor and Material Bonds, and Monument Bonds as security for the agreements.
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25 EnaineerinQ Plan Check, Map, and Leaal Description Review - Fiscal Year 2005-2006-
KRW & Associates
RECOMMENDATION:
25.1 Approve the agreement for Engineering Plan Check, Map, and Legal Description
Review for Fiscal Year 2005-2006 with KRW & Associates for an amount not to
exceed $30,000 and authorize the Mayor to execute this agreement.
26 Professional Landscape Plan Check and Inspection Services Aareement for Fiscal Year
2005-2006
RECOMMENDATION:
26.1 Approve the annual Professional Services Agreement for Fiscal Year 2005-2006
with PELA for landscape plan check and inspection services in the amount of
$50,000 and authorize the Mayor to execute the agreement.
27 First Amendments to Professional Services Aareements for Real Estate Appraisal
Services for various Capital Improvement Projects for FY 2005-2006
RECOMMENDATION:
27.1 Approve the First Amendment to the Fiscal Year 2005-2006 Professional Services
Agreement with Robert Shea Perdue Real Estate Appraisal in the amount of
$60,000 to provide as-needed real estate appraisal services and authorize the
Mayor to execute the amendment;
27.2 Approve the First Amendment to the Fiscal Year 2005-2006 Professional Services
Agreement with Mason & Mason Real Estate Appraisers & Consultants in the
amount of $60,000 to prove as-needed real estate appraisal services and authorize
the Mayor to execute the amendment.
28 Second Amendment to Contract Aareement for On-Call Traffic Sianal Maintenance
Services for Fiscal Year 2005-2006
RECOMMENDATION:
28.1 Approve the Second Amendment to the Contract Agreement with Republic Electric
to perform additional On-Call Traffic Signal Maintenance Services for Fiscal Year
2005-2006 for an amount not to exceed $100,000 and authorize the Mayor to
execute the agreement.
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29 Memorandum of Understandina (MOU) between the Riverside County Transportation
Commission (RCTC), the County of Riverside, and the City of Temecula to fund the
Western Countv Freewav Strateaic Studv
RECOMMENDATION:
29.1 Approve the MOU, in substantially the same format as attached, between RCTC,
the County of Riverside, and the City of Temecula to fund the Western County
Freeway Strategic Study;
29.2 Approve an appropriation in the amount of $64,409 from General Fund Reserves for
the Western County Freeway Strategic Study;
29.3 Authorize the City Manager to execute the final MOU.
30 Second Amendment to Prudential Overall Supply Aareement
RECOMMENDATION:
30.1 Approve the Second Amendment with Prudential Overall Supply Company for an
amount of $22,756.82, extend the agreement through June 30, 2006, and allow for
additional services.
31 Second Readina of Ordinance No. 05-06 (Automobile and Truck Dealership Promotional
Events)
RECOMMENDATION:
31.1 Adopt an ordinance entitled:
ORDINANCE NO. 05-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTERS 17.04 AND 17.28 OF THE
TEMECULA MUNICIPAL CODE TO ALLOW MINOR WEEKEND
PROMOTIONAL EVENTS TO CHANGE THE MINOR
TEMPORARY USE PERMIT REQUIREMENTS WITHIN THE
AUTO MALL AREA AND TO ALLOW LARGER
FREESTANDING TENANT IDENTIFICATION SIGNS FOR
AUTOMOBILE AND TRUCK DEALERSHIPS (PLANNING
APPLICATION NO. PA05-0047)
MOTION: Councilman Washington moved to approve Consent Calendar Item Nos. 1-14 and
16-31 (Consent Calendar Item No. 15 was pulled for separate discussion; see pages 10-11).
The motion was seconded by Mayor Pro Tem Roberts and electronic vote reflected unanimous
approval.
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CONSENT CALENDAR ITEM CONSIDERED UNDER SEPARATE DISCUSSION
15 Street Name Chanae from North Plaza Drive and Park Plaza Lane to DLR Drive
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 05-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA CHANGING THE STREET NAME FROM NORTH
PLAZA ROAD AND PARK PLAZA LANE TO DLR DRIVE
With honor, Mayor Comerchero advised that DLR Drive is being named after the late Donna
Reeves (owner of Norm Reeves Dealerships).
MOTION: Councilman Naggar moved to adopt Resolution No. 05-58. The motion was
seconded by Councilwoman Edwards and electronic vote reflected unanimous approval.
Recognizing Mr. Dick Kennedy, the Reeves family, and the long-term employees of the Reeves
Supergroup, Mayor Comerchero presented a Certificate to the Reeves family in memory and
honor of Donna Reeves for her foresight, vision, and commitment to the automotive retailing
industry.
Congratulating Mr. Dick Kennedy on his upcoming retirement from the Norm Reeves
Supergroup, Mr. Comerchero commended Mr. Kennedy on his leadership, tenacity, and vision
provided to this community, viewing him as an invaluable asset as the City's partner in business
and expressed appreciation for his efforts to promote and to expand the Temecula Auto Mall
and, therefore, presented a Certificate to Mr. Kennedy.
Mr. Kennedy thanked the City Council for the recognition and for the Council's continued
support of the Auto Mall. In closing, Mr. Kennedy introduced Donna Reeves' daughters - Diana
Slumskie, Vicki Benedict, Barbara Jo Reeves - and thanked the employees in attendance for
their support and introduced his wife.
At 7:51 P.M., the City Council convened as the Temecula Community Services District and the
Temecula Redevelopment Agency. At 8:16 P.M., after a short recess, the City Council resumed
with regular business.
PUBLIC HEARING
32 Plannina Application No. PA05-0060 - Cassatt Academv Pre-School Appeal
RECOMMENDATION:
32.1 Adopt a resolution entitled:
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RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DENYING THE APPEAL AND UPHOLDING THE
DECISION OF THE PLANNING COMMISSION DENYING PA05-
0060 - A CONDITIONAL USE PERMIT APPLICATION FOR
CASSATT ACADEMY TO OPERATE A PRES-SCHOOL WITH A
MAXIMUM CAPACITY OF 96 STUDENTS BETWEEN THE
HOURS OF 6:30 A.M. TO 6:00 P.M. MONDAY THROUGH
FRIDAY (NO REGULAR HOURS OF OPERATION AT NIGHT
OR ON WEEKENDS), AND A DEVELOPMENT PLAN
APPLICATION TO CONSTRUCT FOUR MODULAR
BUILDINGS, INCLUDING AN ADMINISTRATION BUILDING
AND THREE CLASSROOM BUILDINGS TOTALING 6,048
SQUARE FEET ON 2.39 ACRES AT THE NORTHEAST
CORNER OF CALLED GIRASOL AND AUSSIE WAY (APN NO.
957 -150-018)
Planning Director Ubnoske reviewed the staff report (as per agenda material), noting that per
the City's Development Code, the proposed use would be conditionally permitted in the very low
density residential zone; that the application does meet the minimum design guidelines for the
City; that conditions of approval were imposed to require road and fire improvements; that the
applicant has accepted outside investors; and that the applicant will be accept all conditions of
approval.
In response to Councilman Naggar's request for clarity, Planning Director Ubnoske, Associate
Planner Peters, Public Works Director Hughes, and Fire Marshal McBride, by way of overheads,
noted the following:
. That there are no development applications pending for the site of discussion and that
most of the surrounding development is vacant;
. That the property of discussion is located on the edge of the Nicolas Valley Rural
preservation area;
· That because of the road design of Calle GirasollRiverton, it would not envisioned that a
traffic concern be created by individuals wishing to make a left-hand turn into the
proposed school site;
. That as a condition of approval, the applicant will be required to widen and improve Calle
Girasol and to provide a left-turn refuge lane;
. That the distance between Aussie Way and the knuckle in the road is 270 feet;
. That Calle Girasol is a collector road but parking would be restricted in order to permit a
left-hand turn into the school site;
. That a condition of approval will require off-site transitions
. That there is a distinction between educational uses and commercial uses
. That at build out, the proposed project will include 96 students
. That prior to this project being reviewed by the Planning Commission, it was staff's
recommendation to approve the project, being of the opinion that it would be in
conformance with the newly adopted General Plan, noting that this project was in the
process during the review of the new General Plan; that the proposed development will
not be an intense development -- four small modular buildings less than 10,000 square
feet overall; that the Blue Line stream will be preserved; that open space will be
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preserved on the site; and that currently mobile homes are permitted on any parcel in
Nicolas Valley
. That the low-density residential zone permits one dwelling unit per 2.5 to 5 acres
In response to Councilwoman Edwards, staff commented as follows:
. That a proposed bridge would cross the Blue Line stream from the parking area to the
classroom area; that a condition would require the installation of proper culverts to
withstand a 100-year storm, elevating the road above the flood way; that proper permits
would need to be in place prior to the City approving any road/grading improvements;
and that portions of the property would be located in the Inundation/Flood Zone
. That for safety reasons, all improvements, as conditioned, would have to be raised
above the 1 OO-year flood plane
In response to Mayor Pro Tem Roberts, staff clarified the following:
. That 31 parking spaces will be provided
. That Special Events have not been discussed with staff
. That the Blue Line stream flows across Aussie Way and, therefore, a culvert is being
proposed
. That the Fire Department imposed specific requirements to ensure fire vehicle
accessibility; that in an effort to meet the applicant, the imposed requirements are the
absolute minimum requirements as per Code (150' from fire apparatus parking to every
exterior part of the building)
For Mayor Comerchero, staff mentioned the following:
. That the existing traffic counts reflect 2,000 vehicles a day on Calle Girasol
. That the proposed project's trip generation would be approximately 150 to 200 trips per
day
. That approximately 7,000 vehicle trips per day would increase Calle Girasol to a Service
LevelD
. That with regard to the proposed improvements for the Blue Line stream, standards are
met to assure the safety of the children in the event of flooding
Mayor Comerchero opened the public hearing was opened.
At this time, by way of a PowerPoint presentation, Ms. Mary Bunham, Ms. Faith Evarts, and Ms.
Vicky Cochetas, founders of Cassatt Academy, highlighted their proposed project and
addressed the concerns raised by the Planning Commission, noting the following:
. That the Conditional Use Permit and the Development Plan was denied because the
project was not properly presented at the Commission public hearing
. That Cassatt Academy will be an academic preschool with an emphasis in the fine and
performing arts; that volunteer work will be an on-going goal of Cassatt Academy
. That other reputable preschools within the area host a two-year waiting list
. That a country-like setting with large acreage was a high appeal
. That Cassatt Academy would be committed to hiring teachers with bachelor degrees,
teaching experience, art backgrounds, and preschool credentials
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. That the parcel of discussion will be the perfect parcel for the proposed project - offers a
country setting, incorporates the desired vision, sufficient space, and easy accessibility
to the parents
. That the front half of the property will encompass the administration office which will
only serve office staff; that the back portion of the property will encompass the
classrooms and multipurpose room; that within each building, there will be two
classrooms with 16 children in each class with a total of 64 children
. That the property of discussion is divided in half by a waterway
. That children are sporadically dropped off at a preschool - drop off periods will be from
6:30 to 8:30 A.M. and will be picked up between 12:30 and 6:00 P.M.
. That parent accessibility will be off Calle Girasol into Aussie Avenue into the preschool
parking lot
. That the waterway is a natural barrier, separating the children from the parking lot area
. That around the front portion of the property there will be a split rail fence and that at the
back portion of the property there will be a 5-foot non-climbable fence; that on either side
of the waterway there will be a 5-foot non-climbable fence set back from the waterway
approximately five feet
. That the proposed facility would be considered a community care licensing facility; that
such facilities are permitted in residential zones;
. That the City architect assisted with design plans; that staff recommended the use of a
cupola to offer a one-room school house appearance but that it was their vision to
provide separate classrooms/homes which would as well enhance the rural character of
the area.
At this time, Mr. Steve Fialo, Design Space Modular Buildings, by way of pictures, expressed his
company's expertise in designing modular buildings to not appear as modular buildings,
highlighting the various design elements:
. That the modular facilities meet State licensing requirements for preschools
. That chain link fencing is customary fencing for a child care facility because it permits
the use of reinforced vinyl slat inserts for privacy; that chain link fencing also meets the
community care licensing requirements
. That the Blue Line stream for the majority of the year is a dry creek bed; that it functions
as a drainage to the Santa Gertrudis Creek
. That after several meetings with the Fire Department, it had never been indicated that
the facility would only be meeting minimum Fire requirements
. That a biologist and archeologist was hired to survey the site of discussion as well as the
adjacent properties and that no sensitive plant life or culturally significant artifacts were
found; that the applicant will continue to work with the Army Corps of Engineers and the
Fish and Game Department
. That other schools within the area have areas of water
Mr. Frank Artiga, civil engineer, Artiga Civil Design Engineering, addressed the drainage
aspects of this particular site, noting that the development improvements to Aussie Avenue and
raising the roads to elevate them out of the flood plane should address safety concerns; advised
that specific permit processing will be followed; and that more detailed analysis would be
prepared to define the true flow of the site but also dictate the velocity of the site.
. That both sides of the waterway will be fenced with a non-climbable fence
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. That it would be the intent of the applicant to complete the required off-site
improvements
. That it was mentioned that there may be the possibility of deferring the Calle Girasol
improvements but if not, these improvements would fall within the project budget
. That the proposed facility has obtained outside investors
Having reviewed the drawings and having completed a cost analysis on the project, Mr. Dan
Cochetas, Marathon General, contractor representing the applicant, commented on how
amenable this project will be to the planned use and spoke in support of the project.
. That the goal would be to maintain the rural aspects of this property
. That landscaping buffers could be provided to further mitigate concerns
. That the applicant has shared the project with the neighboring residents and that the
general consensus was that the neighboring residents are not desirous of a commercial
business entering their neighborhood
. That this parcel and neighboring parcels have been vacant for several years and that the
only interest in these parcels has been from commercial businesses
. That Cassatt Academy will be a commercial business but will function as a community
service
. That the proposed project would be compatible with the area
. That the modular buildings will be designed to ensue that they do not appear as modular
buildings and to be compatible with the rural character
In response to Mayor Comerchero and the Councilmembers, Ms. Mary Bunham advised that
due to parking lot limitations, special events would be limited to one classroom at a time and
expressed no opposition to the imposition of a condition of approval limiting special events to
one classroom at a time and further clarified that following:
. That the vinyl slat inserts on the chain link fence would only be on the side where the
children are located
. That the Conditional Use Permit will permit the facility to grow to 96 students; that more
children would limit the open space; that if expansion were desired, it would require
another location
. That the applicant is confident that all road and drainage improvement/requirements will
be met
· That the final DRC letter had no comments from staff with regard to the architecture; that
the applicant would be willing to do whatever it would take to meet the desired
architectural standards as well as any landscaping improvements/requirements
. That the project site will have a septic system and that soil and perk tests have been
performed to ensure the number of students and teachers will be accommodated; that
five-feet deep leach lines versus pits would be utilized.
Public Works Director Hughes advised that the septic system is permitted through the County of
Riverside.
At this time, the public hearing was opened. In light of the speakers that submitted speaker
cards to speak in support of the project, Ms. Mary Bunhamm chose five speakers to address the
proposed project. Mayor Comerchero reiterated that although five speakers were chosen by the
applicant to represent the project, anyone who has submitted a speaker card may address the
City Council:
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The following individuals spoke in support of the project:
. Mr. Ron Bradley Temecula
. Ms. Amy Quinn Temecula
. Ms. Sandi Schwartz Temecula
. Ms. Nancy Webb Murrieta
. Ms. Odette Derobert Temecula
. Ms. Phyllis Davis Temecula
. Ms. Elizabeth Hamerschlag Murrieta
. Ms. Juliana Russo Murrieta
The above-mentioned individuals supported the proposed project for the following reasons:
. That the bank has thoroughly reviewed the project; that some of the bank's concerns
mirrowed similar concerns expressed by the City Council; that without the granting of the
Conditional Use Permit, there would be no project
. That in order for the bank to finance a modular building, these buildings must be quality
structures that will be compatible with the rural character
. That only 10% of the allowable acreage will be utilized for buildings
. That, as per the bank, the proposed project would be a very viable project with a
tremendous market and one that provides an additional amenity to the community
. That a preschool with an emphasis on the arts in a country setting is desirable
. That the value of attending preschool is invaluable and that the proposed school would
adequately meet the education requirements necessary to prepare the children for
kindergarten;
. That a community that has vision for its families/children and for the education of those
children/families is a community bound for success
. That strip malls are no place for preschools
. That staggering parent drop offs/pick ups will address the traffic concerns
. That the children at play would be a happy sound to listen to as a neighboring resident
. That back-up offers for this particular property have been made such as a dog training
center/kennel
. That not approving this project would be a huge loss to the City
. That an existing preschool in Murrieta also offering a country-like setting has a two-year
waiting list
At this time, those individuals in attendance but not wishing to speak stood in order to show their
support of the project.
The following individuals spoke against the proposed project:
. Ms. Harriet Huling Temecula
. Mr. Dennis Fitz Temecula
. Ms. Margaret Jones Temecula
. Mr. Jerry Montante Temecula
. Mr. Mike Connelly Temecula
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The above-mentioned individuals spoke in opposition to the proposed project for the following
reasons:
. That the Blue Line stream poses a safety concern
. That full fire accessibility is important
. That minimum requirements to ensure an approval from the City Council should not be
acceptable
. That the proposed structures/project will not be compatible with the existing rural
character within the rural preservation area
. That rattlesnakes are a fact of life in the rural area
. That the school would be surrounded by six residences
. That the existing zoning for the area of discussion is low density residential
. That the proposed school would considerably create more noise and traffic
. That the proposed use should be located in a more commercially oriented area
. That the S-curve on Calle Girasol currently creates an unsafe, dangerous situation for
drivers
. That the proposed project will have an impact and detract from the surrounding property
values
. That because the entrance to the property of discussion was changed from Calle Girasol
to Aussie Way, it will impact his property access off Aussie Way.
Rebutting the above-mentioned comments, Ms. Mary Bunham noted the following:
. That the Aussie Way access to the proposed project was at the request of the Public
Works Department
. That in an effort to mitigate certain access concerns on Aussie Way, a stop sign may be
installed at the project parking lot
. That the proposed preschool will attract custom-home buyers to this area and will
enhance the property values.
At this time, Mayor Comerchero closed the public hearing.
Advising that most of his questions were answered with regard to the children's safety,
architectural design, visual impact, and landscaping, Councilman Washington thanked the
applicants for their thorough presentation; advised that the conditions of approval accompanying
the Conditional Use Permit will address the concerns raised by the residents; commented on
the demand in this community for such a facility; viewed this project as a low-impact use and,
therefore, relayed his support of this unique and valuable project.
MOTION: Councilman Washington moved to approve the Conditional Use Permit and the
Development Plan with the conditions of approval. Councilwoman Edwards seconded the
motion. (Additional Council discussion ensued; this motion ultimately passed; see page
17-18.)
Concurring with the community need for such a facility, Councilman Naggar noted that if the City
Council were to deny the location of discussion, he would recommend relocating to the
Temecula Creek Village area off SR 79 South. Viewing the request before him as a land use
decision, Mr. Naggar commented on the location of the subject site, noting it would be located in
a rural preservation zone; stated that the language in the City's General Plan is clear - that such
areas must be preserved as rural and warned against the encroachment of commercial
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development; that the proposed use would be a commercial use; that the proposed buildings.
will not be consistent with the very low-density residential designation; that the close proximity of
the S-curve to the site of discussion would be a concern; that this rural area is the last rural area
within the City; and that when the Roripaugh Ranch development was approved, commitments
were made to the neighboring residents to retain the rural area. In light of his opposition to this
project for the above-mentioned reasons, Mr. Naggar offered the following motion:
SUBSTITUTE MOTION: Councilman Naggar moved to deny the appeal. Due to the lack of a
second, this substitute motion died.
Clarifying that individuals open preschools in areas where the designated zoning would permit
preschools, Councilwoman Edwards noted that, in her opinion, placing a preschool in a strip
mall does not take away from the care, education, and quality of a child care center. Echoing
and voicing concern with regard to the creek, modular buildings, and the traffic and
understanding the issue relative to the rural preservation area, Councilwoman Edwards
commented on the need of such a facility and noted that if the project were approved, she would
encourage the applicants to fully address the noted concerns with staff.
Although still concerned about issues with regard to the septic, Mayor Pro Tem Roberts noted
that, if this project were approved, he would request that any future expansions at the site of
discussion be restricted and that any desired expansion would necessitate a relocation. Mr.
Roberts continued to express a concern with the distance of the fire pad from the playground
area and requested that additional review be given to this matter; and noted that a condition
should be imposed requesting only on-site parking should be permitted.
Considering flexibility had been shown to a previous project with regard to boundary location,
Councilman Washington encouraged consistency and recommended that the same flexibility be
extended to this project. Because of property cost, Mr. Washington noted that the
recommended site at SR 79 would probably not be within the price point area of the applicant.
Viewing the traffic issues as having been properly addressed, Councilman Washington, as
noted by Councilwoman Edwards, reiterated that the 60 to 90 children at this facility will be
arriving at staggered times.
Councilman Naggar suggested that a condition of approval be imposed, requiring staggered
arrivals and pickups. Reiterating that Calle Girasol and Aussie Way are considered collector
roads, Mr. Naggar noted that, as per the General Plan, collector roads do permit street parking
and concurred with a recommended condition to limit special events to one classroom at a time
in an effort to ensure sufficient on-site parking.
Not viewing traffic as an issue of concern, Councilman Washington addressed his opposition to
imposition of a condition with regard to staggering arrivals and pickups.
Agreeing with Mr. Washington on this particular issue, Mayor Comerchero noted that if traffic
were to become an issue, the matter could be readdressed. Expressing a concern with the
proposed fencing, Mr. Comerchero viewed the proposed fencing as not being aesthetically
pleasing and encouraged a sufficient amount of landscaping around it to mitigate the
appearance and to further provide additional privacy; echoed concern with the applicant only
meeting minimum Fire Department requirements and requested that staff work with the
applicant in order to exceed the minimum Code requirements; expressed no concern with the
handling of special events; requested that staff ensure that the proposed modular buildings are
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,
designed in a fashion to not make them appear like modular buildings; and stated that the
benefits of the proposed project will outweigh the negatives.
With regard to the fencing, Mayor Pro Tern Roberts suggested that the applicant explore similar
fencing as utilized in Meadowview (3-rail fencing with wire fencing), commenting on aesthetics.
Planning Director Ubnoske, as well recommended the addition of two additional conditions:
. Revised elevations and fencing plans to include landscaping shall be submitted to the
Planning Department and shall be approved to the satisfaction of the Director of
Planning
. All parking must be contained on site.
In light of the information that was provided at the Planning Commission, Mayor Comerchero
concurred with the Commission's action in denying this project at the time and noted that the
Council's action will based on an entirely different set of circumstances and project.
At this time, the electronic vote reflected approval of the previously made motion (see page 17)
along with the following added conditions of approval. Councilman Naggar voting in opposition
of the project:
. That special events be limited to one classroom at a time
. That no future expansions be permitted at this particular site
. That the Fire Code requirements be readdressed to ensure more than the minimum
requirements are met
. That revised elevations and fencing plans to include landscaping shall be submitted to
the Planning Department and shall be approved to the satisfaction of the Director of
Planning
. That all parking must be contained on site.
COUNCIL BUSINESS
33 Review and Adoption of FY2005 -2006 Annual Operatina Budaet
RECOMMENDATION:
33.1 Adopt a resolution entitled:
RESOLUTION NO. 05-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING THE FY2005-06 ANNUAL OPERATING
BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN
APPROPRIATIONS
33.2 Adopt a resolution entitled:
R\Minutes\061405
19
RESOLUTION NO. 05-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA REVISING THE SCHEDULE OF AUTHORIZED
POSITIONS
33.3 Adopt a resolution entitled:
RESOLUTION NO. 05-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING APPROPRIATIONS LIMIT FOR
FY2005-06
Mayor Comerchero commented on the numerous meetings/workshops the City Council has had
with staff with regard to this important budget document.
By way of a PowerPoint presentation, City Manager Nelson reviewed the budget document. In
closing, Mr. Nelson thanked the Department Heads and Finance Director Roberts and her staff
on an outstanding job.
MOTION: Councilwoman Edwards moved to adopt Resolution Nos. 05-59, -60, and -61. The
motion was seconded by Councilman Washington and electronic vote reflected unanimous
approval.
34 Review and Adoption of FY2006-2010 Capital Improvement BudQet Proaram
RECOMMENDATION:
34.1 Adopt a resolution entitled:
RESOLUTION NO. 05-62
A RESOLUTION OF THE CITY. COUNCIL OF THE CITY OF
TEMECULA APPROVING THE CAPITAL IMPROVEMENT
PROGRAM FOR FY2006-2010 AND ADOPTING THE CAPITAL
IMPROVEMENT BUDGET FOR FY2005-06
By way of a PowerPoint presentation, City Manager Nelson review the Capital Improvement
Budget Program
MOTION: Councilwoman Edwards moved to adopt Resolution Nos. 05-62. The motion was
seconded by Councilman Washington and electronic vote reflected unanimous approval.
35 Ordinance authorizina Charitable BinQo Operations within the City of Temecula
(At the request of Mayor Comerchero and Mayor Pro Tem Roberts)
RECOMMENDATION:
35.1 Adopt an urgency ordinance entitled:
R:\Minutes\061405
20
ORDINANCE NO. 05-08
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMECULA ADDING CHAPTER 9.50 TO THE
TEMECULA MUNICIPAL CODE AUTHORIZING THE GAME OF
BINGO BY CHARITABLE ORGANIZATIONS AND PROVIDING
FOR THE REGULATION THEREOF
35.2 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 05-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING CHAPTER 9.50 TO THE TEMECULA
MUNICIPAL CODE AUTHORIZING THE GAME OF BINGO BY
CHARITABLE ORGANIZATIONS AND PROVIDING FOR THE
REGULATION THEREOF
Advising that charitable bingo games are authorized in California under the California
Constitution in the Penal Code only if allowed for charitable organizations to support those
organizations, City Attorney Thorson highlighted the proposed ordinance, advising that with the
Redhawk Annexation, it was realized that one significant bingo game supporting the School
District would not be permitted if the City were to not enact this ordinance.
In response to Councilman Naggar, Mr. Thorson advised that the authorization of charitable
bingo games is defined under the California Code (same as the 501(c)(3)), including charitable
organizations, non-profit pleasure, and recreation clubs such as homeowners associations,
fraternal organizations, etc.; that the maximum payout, as per State law, is $250; and that the
City may opt to set a payout up to that amount.
For Councilman Washington, City Attorney Thorson advised that although the City may have
authority in regulating the amount paid for a bingo card, he has not seen such regulation in
other ordinances.
Mr. Thorson clarified that the Urgency Ordinance would immediately take effect.
Addressing the City Council, Ms. January King and Mr. John Wetteland, Temecula, representing
Great Oak Academic Leadership Society, commented on the importance to the school of
maintaining this funding resource and advised that the Society is a 501 (c)(3) and that all profits
will benefit Great Oak High School.
In response to Councilmembers, Mr. Wetteland advised that the current maximum payout, as
per State law, is $250; that currently the bingo games have been scheduled for Sundays and
Mondays; that a maximum of 160 individuals and a minimum of 58 individuals have participated
in these games; that an average of 110 individuals participate; that because of set up and the
need for volunteers, it would be difficult to operate these bingo games outside of the City limits.
Advising that bingo games have occurred within numerous organizations throughout the City
since incorporation but that it was never realized that an ordinance was necessary, Mayor Pro
Tem Roberts commented on the need for this ordinance and expressed his support of it.
R\Minutesl061405
21
Although complimenting the Society on its efforts to raise funds for the school, Councilman
Naggar noted that based on past stances, he would not be able to support the proposed
ordinances.
Clarifying that it would not be the school that will be sponsoring the bingo games,
Councilwoman Edwards noted that the Society rents space from the school and pays for
associated janitorial fees. In light of these difficult budget times and in light of the established
program at Great Oak High School, Mrs. Edwards commented on the difficulty in making this
decision but expressed her support of the proposed ordinance. If necessary, Mrs. Edwards
noted that the City Council may readdress this matter at any time.
Concurring with making such activities that have been occurring throughout the City legal,
Mayor Comerchero relayed his support of the proposed ordinance.
City Attorney Thorson introduced Urgency Ordinance No. 05-08, reiterating that this urgency
ordinance will require a four-fifths vote and that it would immediately go into effect if adopted.
MOTION: Mayor Pro Tern Roberts moved to adopt Ordinance No. 05- . The motion was
seconded by Councilman Washington and electronic vote reflected approval with the
exception of Councilman Naggar who voted no.
City Attorney Thorson introduced Ordinance No. 05-09.
MOTION: Mayor Pro Tern Roberts moved to adopt Ordinance No. 05-09. The motion was
seconded by Councilman Washington and electronic vote reflected approval with the
exception of Councilman Naggar who voted no.
CITY MANAGER'S REPORT
No additional comment.
CITY ATTORNEY'S REPORT
With regard to Closed Session, City Attorney Thorson advised that there was no action to
report under Closed Session.
ADJOURNMENT
At 11 :14 P.M., the City Council meeting was formally adjourned to a regular meeting on
Tuesday, June 28, 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
R\Minutesl061405
22
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 $4,513,472.25.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED, this 12TH day of Juiy, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
R:/Resos 200S/Resos os-
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 meeting of the City Council of the City of
Temecula on the 12th day of July, 2005 by the following roll call vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R/Resos 2005/Resos 05-
2
I CITY OF TEMECULA
LIST OF DEMANDS
06/23/05 TOTAL CH ECK RUN: $ 2,207,850.24
06/30/05 TOTAL CHECK RUN: 1,717,704.89
06/23/05 TOTAL PAYROLL RUN: 195,209.23
06130/05 TOTAL PAYROLL RUN: 392,707.89
TOTAL LIST OF DEMANDS FOR 07/12/05 COUNCIL MEETING: $ 4,513,472.25
DISBURSEMENTS BY FUNO:
CHECKS:
001 GENERAL FUND $ 3,028,262.42
16S RDA DEV-LOW/MOD SET ASIDE 19,250.26
190 COMMUNITY SERVICES DISTRICT 199,012.21
192 TCSD SERVICE LEVEL B 121.06
193 leso SERVICE LEVEL C 28,932.58
194 leso SERVICE LEVEL 0 838.55
196 leso SERVICE lEVEL L 10,543.51
210 CAPITAL IMPROVEMENT PROJ. FUND 577,619.60
280 REDEVELOPMENT AGENCY-CIP 5,731.25
300 INSURANCE FUND 1,474.89
320 INFORMATION SYSTEMS 33,931.89
330 SUPPORT SERVICES 1,586.40
340 FAC ILITIES 18,250.51
I $ 3,925,555.13
001 GENERAL FUND $ 404,964.62
165 ADA-LOW/MOD SET ASIDE 10,367.43
190 COMMUNITY SERVICES DISTRICT 112,495.15
192 leso SERVICE LEVEL B 276.69
193 TCSD SERVICE LEVEL C 6,325.83
194 leso SERVICE LEVEL 0 1,542.23
280 REDEVELOPMENT AGENCY-CIP 4,773.92
300 INSURANCE FUND 2,184.11
320 INFORMATION SYSTEMS 30,226.71
330 SUPPORT SERVICES 3,265.63
340 FACILITIES 11,494.80 S87,917.12
TDTAL BY FUND: $ 4,513,472.25
I
GEN
, HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
,HEREBY CERTIFY THAT THE FOllOWING IS TRUE AND CORRECT.
I
apChkLst Final Check List Page: 1
0612312005 9:58:27AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
523 06/2312005 000444 INSTATA)( (EDD) State Income Taxes Payment 12,525.70 12,525.70
524 06/23/2005 000283 INSTATA)( (IRS) Federal Income Taxes Payment 43,165.71 43,165.71
100235 06/23/2005 004594 2 HOT ACTIVEWEAR Jacket & Motor trousers:M.Harlan 599.63 599.63
100236 06/23/2005 004064 ADELPHIA June 05 high speed internet svcs 46.95 46.95
100237 06/23/2005 008552 ADKINS DESIGN CONSULTING Community Theater logo designs 827.50 827.50
100238 06/23/2005 003802 ADOLPH KIEFER & ASSOCIATES Aquatic supplies: Flags & Anchors 251.87 251.87
100239 06/23/2005 008698 ADVANCED APPLIED Survey traffic speeds: citywide 6,000.00 6,000.00
100240 06/23/2005 005735 AEROSURF INC JuVAuglSept internet svcs 149.85 149.85
100241 06/23/2005 004601 ALL THE KING'S FLAGS Freedom base for CRG flag 41.76 41.76
100242 06/23/2005 008595 AMERICAN INTL GROUP INC June 05 workers' comp premium 51,818.00 51,818.00
100243 06/23/2005 008279 AMERICOMP INFOSYSTEMS INC Computer Supplies:Kgstn 512 Memory 80.81 80.81
100244 06123/2005 000101 APPLE ONE INC Temp help PPE 6/11 Kasparian 648.00
Temp help PPE 6/4 Gonzales 324.00 972.00
100245 06/23/2005 003203 ARTISTIC EMBROIDERY Team building attire: Finance 437-47 437.47
100246 06/23/2005 004546 AUNT KIZZYZ BOYZ Perfonner:Redhawk Annexation Event 1,200.00 1,200.00
100247 06/23/2005 003466 BASKET & BALLOONS TOO! Econ Devel Gift Baskets:Naiop Event 110.98
Econ Devel gift baskets:Trama Prgm 107.75
Econ Devel gift baskets:EDC Go" Tour 107.75
Econ Devel gift baskets:NAIOP Event 53.88 380.36
100248 06/23/2005 002541 BECKER CONSTRUCTION SRVS Heavy rains repairs: Citywide 18,750.00
asphalt saw cutting for PW patch crews 6,825.00 25,575.00
100249 06/23/2005 008911 BEERS, BRUCE Reimb:Book:'05 Booking Agency 97.12 97.12
Page:1
apChkLst
0612312005
9:58:27AM
(Continued)
Bank: union UNiON BANK OF CALIFORNIA
Check # Date Vendor
100250 OS/2312005 008923 BLANCHARD, NORMA
100251 06/2312005 004462 CD W GOVERNMENT iNC
100252 06/2312005 004311 CAL CUSTOM DESiGN &
100253 06/2312005 005384 CALIF BAGEL BAKERY & DELI
100254 06/2312005 001054 CALIF BUILDiNG OFFiCiALS
100255 06/2312005 000647 CALIF DEPT OF CONSUMER
100256 06/2312005 004248 CALIF DEPT OF JUSTICE-
100257 06/2312005 005116 CALIF DEPTOF STATE
100258 06/23/2005 004566 CALIF DEPT OF TOXIC
100259 06/23/2005 004971 CANON FINANCIAL SERVICES,
100260 06/2312005 001249 CENTRE FOR ORG
100261 06/23/2005 000137 CHEVRON USA INC
100262 06/23/2005 003628 CHUYS RESTAURANT
100263 06/23/2005 005017 CONGRESS OF HISTORY
100264 06/23/2005 003986 COZAD & FOX iNC
Final Check List
CiTY OF TEMECULA
Page: 2
Description
Amount Paid
Check Total
Refund: Picnic Shelter-Pala Park
150.00
150.00
3.Network camera housing:T.Library
323.22
323.22
Drawing boards for planning staff
495.65
495.65
Refrshmnts:Cert Tmg 6/10-12/05
Refrshmnts: Voorburg stn visit
Refreshments For T emecula Citizien
RefrshmntsTLibrary Cip Wrkshp
Refrshmnts:Closed Session Mtg
797.32
323.25
242.44
220.89
193.30
1,777.20
Membership: Anthony Elmo
215.00
215.00
Trff Eng License:Ali Moghadam
150.00
150.00
Apr Dui Drug & Alcohol Screening
1,435.00
1,435.00
Confinnation of taxes remitted fee
100.00
100.00
Hazardous waste handlers manifest
15.00
15.00
Lease Pmt For City Copiers
Lease Pmt For Fire/Crc Copiers
Lease Pml For Fire Stn 12
347.97
328.63
69.96
746.56
RegistMgmt Academy:G.Wolnick
1,850.00
1,850.00
City vehicles fuel:City Mgrs/Police
248.10
248.10
Refrshmnts:4th of July Event
408.32
408.32
Membership: Wendell on
12.00
12.00
Apr Consulting:Winchester Rd
6,367.00
6,367.00
1,485.00
795.15
100265 06/23/2005 006954 CRAFTSMEN PLUMBING & HVAC R&R toilet seats @ CRG
Stn 84 Emerg. Electrical repairs
2,280.15
100266 06/23/2005 001009 0 B X INC ReI Ret.Trf Signals:Meadows/La Serena
32,904.00
32,904.00
.
Page:2
apChkLst Final Check list Page: 3
06/23/2005 9:58:27 AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
.Check # Dale Vendor Description Amount Paid Check Total
100267 06/23/2005 003945 DIAMOND ENVIRONMENTAL Portable restrooms:Str Painting Festival 288.89 288.89
100268 06/23/2005 004192 DOWNS COMMERCIAL FUELING City vehicles fuel: PW Mnte 1,065.76
City vehicles fuel: TCSD 982.64
City vehicles fuel: CIP/land Devel 579.07 2,627.47
100269 06/23/2005 007693 EAGLE'S MARK INC Carabineer for T. Citizens Corp 808.13 808.13
100270 06/23/2005 002390 EASTERN MUNICIPAL WATER 95366-02 Diego Dr ldscp 456.91 456.91
100271 06/23/2005 008919 ECIVIS INC. RegistGrants Prof Sem:7/26-27:Dauer 625.00 625.00
100272 06/23/2005 002438 ENGEN CORPORATION May material testing:Winchester Rd 1,055.00 1,055.00
100273 06/23/2005 006487 EUROPEAN CAFE & VINEYARD Refreshment:Youth In Gov't days 179.24
Refrshmnts: Planning Comm Mtg 42.02 221.26
100274 06/23/2005 006487 EUROPEAN CAFE & VINEYARD Refrshmnts: Captain's Mtg @ Stn 84 150.20 150.20
100275 06/23/2005 001056 EXCEL LANDSCAPE May Idscp impr:Slope Area 2,630.00
May ldscp impr:Jefferson medians 1,480.00
May Idscp impr: Saddlewood 1.390.00
May Idscp impr:Margarita Median 1,185.00
May ldscp impr:R.Reagan Sprts Prk 1,000.00
May Idscp impr: Saddlewood 1,000.00
May Idscp impr: Rancho Cal Median 570.00
May Idscp impr:Crowne Hill Slope 543.00
May Idscp impr:Rancho Cal Trees 525.00
May Idscp impr: Medians 524.52
May Idscp impr:Vail Ranch Prkwy 445.00
May Idscp impr:R.Cal & Ovrld 437.48
May Idscp impr:Margarita Median 280.00
May Idscp impr:Winchester Slope 217.55
May ldscp impr:Sprts Prks/School 213.50
May Idscp impr:Harveston Prk 196.98
May Idscp impr:Sprts PrkslSchool 195.00
May ldscp impr: Medians 183.00
May Idscp impr: Sprts PrkslSchool 151.29
May Idscp impr:Sprts PrkslSchool 120.00
May Idscp impr:CTElMedians 75.00
May ldscp impr:Slope 75.00
May ldscp impr:Slope 75.00 13,512.32
100276 06/23/2005 0044S4 EXXONMOBIL CARD SERVICES City vehicles fuel:City Mgrs 112.60 112.60
Page:3
apChkLsI Final Check Ust Page: 4
06l231200S 9:58:27 AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
100277 06/23/2005 000478 FAST SIGNS Signs:Redhawk Annexation Event 254.12 254.12
100278 06/23/2005 000206 FEDEX KINKOS INC NAIOP Econ Factors handouts 2,026.78 2,026.78
100279 06/23/2005 003347 FIRST BANKCARD CENTER
008913 HIKE BIKE KAYAK SAN DIEGO SJ City Clerk Team Bldg equip rental 616.00
007287 UNITED AIRLINES ME Air:League-Human dev:6/16-18 202.90
000210 LEAGUE OF CALIF CITIES SJ Book:Munilaw Hd No Tbs/Bdr 166.00
003964 OFFICE DEPOT BUSINESS SVS TT Computer supplies:headseVCD drv 134.67
008914 THOMSON PROMETRIC IT Test:Admin MS SOL Server:Krueger 125.00
007864 SYMANTEC TT Software upgrade: OW A for PDA 121.95
008341 THAI KITCHEN RESTAURANT SJ Refreshments:O'Neil Software mtg 67.35
005786 SPRINT TT phone replacement chrg:Comerchero SO.OO
006938 EARTHLlNK INC IT Council member's internet svcs 43.85
008023 STATER BROTHERS MARKETS JM RefreshmentEducation etr Mtg 13.76 1,541.48
100280 06/23/2005 004239 FISHER SEHGAL YANEZ INC May Design svcs:Comm. Theater 10,431.75 10,431.75
100281 06/23/2005 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00
100282 06/23/2005 007866 G C S SUPPLIES INC Computer Toner/Ink Supplies 568.96
Computer Toner/Ink Supplies 131.99 700.95
100283 06/23/2005 008912 G M C V A HOUSING BUREAU Housing:ICMA's Cf:O'Grady: 9/24-28/05 lSO.00 150.00
100284 06/23/2005 000173 GENERAL BINDING Copy Ctr binding/lamination supplies 77.49 77.49
100285 06/23/2005 004019 GOLDEN STATE FENCE Replace Margarita gate chain link 2,416.50 2,416.SO
100286 06/23/2005 008925 HATTIER, S.A. Refund: Parent N Me Swim Lessons 85.00 85.00
100287 06/23/2005 008921 HAZEL CREST SENIOR HOME Refund: Ovrchrg for Comm Alarm Prmt 571.00 571.00
100288 06/23/2005 001135 HEAL THPOINTE MEDICAL Pre-Employment Physicals 520.00 520.00
100289 06/23/2005 008920 HUM. LINDA KIM HA Refund: Devel Depst31363 Santiago 995.00 995.00
Page:4
apChkLsI Final Check List Page: 5
0612312005 9:58:27AM CITY OF TEMECULA
Bank: union UNION BANK OF CAUFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
100290 06/23/2005 002166 INGRAM ELECTRIC Repair breaker @ C. Museum 702.85 702.85
100291 06/2312005 005065 K M E FIRE APPARATUS Paramedic vehicle mnte 352.44 352.44
100292 06/23/2005 002424 KELLEY DISPLAY INC Film & Music Festival Banners 1,658.02 1,658.02
100293 06/23/2005 007861 KHAZAELI, JAVID, M. Pertormance: Str Painting Festival 500.00 500.00
100294 06/23/2005 004481 KIMLEY HORN & ASSOCIATES Apr Design Svcs:Multi-Purpose Trail 17,662.50 17,662.50
100295 06/23/2005 005074 KING, DON Perfonnance: Str Painting Festival 700.00 700.00
100296 06/23/2005 001282 KNORR SYSTEMS INC Cre Non-Slip Floor Covering 1,218.78 1,218.78
100297 06/23/2005 008822 L A GALAXY depstSMART excursion:LA Galaxy 50.00 50.00
100298 06/23/2005 000945 L P S COMPUTER SERVICE Printer mntc:HP W Drum kit 205.81 205.81
100299 06/23/2005 004905 LIEBERT, CASSIDY & WHITMORE May HR legal svcs for TE060-#Q01 225.00 225.00
100300 06/23/2005 003726 LIFE ASSIST INC Paramedic Medical Supplies 2,044.99
Paramedic Medical Supplies 230.00 2,274.99
100301 06/23/2005 004230 LINCOLN EQUIPMENT INC Aquatics competitor pace clock w/s1and 433.93 433.93
100302 06/23/2005 004998 LINFIELD SCHOOL Refund:Security Depst:R.Reagan Sprt 150.00 150.00
100303 06/23/2005 004135 LOGIC COMPUTER PRODUCTS Compu1er supplies:Back-up Tapes 75.04 75.04
100304 06/23/2005 008257 LOYA, MARIANO Ann'l EE Bi-Lingual T es1ing svcs 240.00 240.00
100305 06/23/2005 003782 MAIN STREET SIGNS City street name signs/overlays 377.13 377.13
100306 06/23/2005 001967 MANPOWER TEMPORARY temp help w/e 06/05 JO/JG/JHlOH 3,458.69 3,458.69
100307 06/23/2005 008917 MAT A, MARIVI Refund: Level 4/5 Swim Lessons 80.00 80.00
PageS
apChkLst
06/23/2005
9:58:27AM
Final Check List
CITY OF TEMECULA
Page: 6
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
100308 06/23/2005 004894 MICHAEL BRANDMAN
3/26-4/29/05 Prof Svc: Pech Pkwy Ph Ii
5,559.74
5,559.74
100309 06/23/2005 007210 MIDORI GARDENS
May Idscp maint svcs:Neighborhood Parks
irrigation repairs: Crowne Hill Park
irrigation repairs: Lorna Linda Park
irrigation repairs: Pablo Apis Park
backflow repairs: CrOVllfle Hill
34,300.00
227.35
156.15
144.70
80.79
34,908.99
100310 06/23/2005 008091 MILLMORE'S WAX CREW
vehicle detailing svcs:PW Land Dev
vehicle detailing svcs:PW Land Dev
100.00
75.00
175.00
100311 06/23/2005 005887 MOFFATT & NICHOL ENGINEERS 3/27-4130/05 Consult Svc: F.V.Pkwy/I-15
38,601.03
38,601.03
100312 06/23/2005 008922 MOSS, JENNIFER Refund:Tiny Tots - Fab 4 & 5'5
59.00
59.00
100313 06/23/2005 006146 MT SAN JACINTO COMMUNITY perfonnance: Street Painting Festival
500.00
500.00
100314 06/23/2005 000233 NELSON, SHAWN Reimb: internet svcs
45.95
45.95
100315 06/23/2005 002139 NORTH COUNTY TIMES May Recruitment Ads: Tcsd/8&S
185.00
185.00
100316 06/23/2005 005372 OASIS CHRISTIAN FELLOWSHIP Refund: permits 43153 Business Prk Or
2,352.80
2,352.80
100317 06/23/2005 002292 OASIS VENDING Jun coffee/kitchen supplies: Maint Fac
242.84
242.84
10031S 06/23/2005 003964 OFFICE DEPOT BUSINESS SVS
Copier/Printer/FaxlColor Scanner: Police
Misc Office Supplies: Police
Misc office supplies: Police
credit office supplies returned: Police
860.78
336.34
116.36
-116.36
1,197.12
100319 06/23/2005 002105 OLD TOWN TIRE & SERVICE
City Vehicle Repair/Maint Svcs
City Vehicle Repair/Maint Svcs
City Vehicle Repair/Maint Svcs
City Vehicle Repair/Maint Svcs
City Vehicle Repair/Maint Svcs
137.32
84.29
77.37
44.27
34.27
377.52
100320 06/2312005 008871 ORIGINAL LIFEGUARD INC Lifeguard Uniforms
134.03
134.03
100321 06/23/2005 005573 PALOMA ELEMENTARY PTA Refund: Sec. Deposit CRG Pool
150.00
150.00
100322 06/2312005 004074 PARTY CITY OF TEMECULA INC recreation supplies: Tee
229.00
229.00
PageS
apChkLst Final Check List Page: 7
06/2312005 9:58:27 AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
100323 06/23/2005 008918 PAZ, TASHINA Refund:Sec DeposiVRoom Rental MPSC 749.00 749.00
100324 06/23/2005 003218 PELA May TCSD plan checklinspection svcs 2,750.00
Apr Idscp plan ck svcs: SR 79S medians 990.00
May inspection svcs: Storm Drain tmprv 135.00 3,875.00
100325 06/23/2005 002498 PETRA GEOTECHN]CAL ]NC Mar Geotech Svcs: W.C. Sports Complex 3,740.00 3,740.00
100326 06/23/2005 000249 PETTY CASH Petty Cash Reimbursement 207.23 207.23
100327 06123/2005 007484 PHILIPS MEDICAL SYSTEMS INC AED/CPR prgm:Rancho Comm Church 1,636.73 1,636.73
100328 06/23/2005 006416 PIKE, DAN]EL & LAURIE Refund:Grading Deposit TR3939 lot 30 995.00 995.00
100329 06/23/2005 000253 POSTMASTER Express Mail & Postal Svcs 31.60
credit previously taken wllast mnth's 13.65 45.25
100330 06/23/2005 oon71 PPSN CORPORATION Refund: Sec. Deposit Amphitheater 150.00 150.00
100331 06/23/2005 000254 PRESS ENTERPRISE COMPANY Jun recruitment ads:TCSD/B&S/PlnlPW 1,996_15
May ads:FIT PrgmNJestern Days/Library 1,085.40 3,081.55
100332 06/23/2005 000254 PRESS ENTERPRISE COMPANY 6/24/05-6122/06 subscr: 6683902 160.16 160.16
100333 06/23/2005 005075 PRUDENTIAL OVERALL SUPPLY uniformslflr matJ10wet rentals: City 890.60 890.60
100334 06/23/2005 006664 R R M DESIGN GROUP Consulting Svcs:Citywide Design Guidelin 2,283.42 2,283.42
100335 06/23/2005 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 24,851.14
Jun 01-04-47210-0 T.E.S. Pool 1,436.00
Jun 01-02-98010-0 Fire Stn 84 417.93
Jun 01-04-10033-2 Margarita Rd 45.45
Jun 01-06-68000-4 Community Thtr 44.45
Jun 01-02-98000-0 Fire Stn 84 12.73 26,807.70
100336 06/23/2005 000947 RANCHO REPROGRAPH]CS dup. blueprints: Murr Crk multi-purpose 98.33
dup blueprints: Traffic Signal 58.83
dup. blueprints: Temecuta Public Library 6.47 163.63
100337 06/23/2005 004498 REPUBLIC ELECTRIC May on-call traffic signal maintenance 2.390.25 2,390.25
100338 06/23/2005 005807 RESOURCE STRATEGIES ]NC historicaVcurrent AirPhoto USA imagery 3.650.50 3,650.50
Page:?
apChklsl Final Check list Page: 8
06123/2005 9:58:27AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
100339 06/23/2005 008370 REYES, LUCINA Refund: Sec. Deposit: TCe 100.00 100.00
100340 06/23/2005 000406 RIVERSIDE CO SHERIFFS DEPT 03/31-04/27/05:lawenforcement 900,256.45
Rate adjustmentllaw enforcement svcs 557.773.99 1,458,030.44
100341 06/23/2005 001365 RIVERSIDE COUNTY OF 4th of July Vendor Fair permit 121.00 121.00
100342 06/23/2005 003587 RIZZO CONSTRUCTION INC install 25' flag pole w/concrete pad: 2,949.00 2,949.00
100343 06/23/2005 007830 ROAD BUILDERS INC Prgs Pmt #11: Storm Drain lmprv gg.11ch 73,178.71 73,178.71
100344 06/23/2005 000271 ROBERT BEIN WM FROST & ApT Prof Svcs: l-l51Sr 795 Ult.lntrchg 2,812.00 2,812.00
100345 06/23/2005 000873 ROBERTS. RONALD H. Reimb: SCAG annual meeting 6/1/05 92.40 92.40
100346 06/23/2005 000277 S & S ARTS & CRAFTS INC CRG Tiny Tots Program Supplies 137.60 137.60
100347 06/23/2005 008712 SAFE N SECURE GARAGE DOOR Res Imprv Prgm: Geyer 920.00
Res Imprv Prgm: Coates 815.00 1,735.00
100348 06/23/2005 000697 SISTER CITIES INTERNATIONAL 2005 Sister Cities membership dues 465.00 465.00
100349 06/23/2005 000645 SMART & FINAL INC recreation supplies for MPSC 294.07
Summer Day Camp Supplies 32.51
recreation supplies: MPSC 2500 351.58
100350 06/23/2005 008924 SO CALIF CONNECTIONS refund:Picnic Ronald Reagan Sports Prk 150.00 150.00
100351 06/23/2005 000537 SO CALIF EDISON May 2-00-397-5059 various mtrs 5.408.21
May 2.19.999.9442 various mtrs 1,104.29
May 2-24-151-6582 various mtrs 340.62
Jun 2-25-393-4681 T.E.S. Pool 134.80
Jun 2-24-628-8963 Btrtld Stage 27.03 7,014.95
100352 06/23/2005 007851 SOUTHCOAST HEATING & AIR City Hall HV AC repairs 87.50 87.50
100353 06/23/2005 004163 SPORTS CHALET softballs for wntrlsprg adult leagues 451.92 451.92
100354 06/23/2005 006145 STENO SOLUTIONS May transcription SlVCS: Police 1,708.96 1,708.96
100355 06/23/2005 003840 STRONGS PAINTING prep/paint speakers & speaker poles:CAC 900.00 900.00
Page:8
apChkLst
06123/2005
9:58:27 AM
Final Check List
CITY OF TEMECULA
Page: 9
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
100356 06/23/2005 000919 TEMECULA VALLEY UNIFIED
May City vehicles fuel usage
855.71
855.71
100357 06123/2005 004030 TEMECULA VOLUNTEER FIRE
FY 04/05 reimburseable expenses
3,035.37
3,035.37
100358 06/23/2005 003862 THYSSENKRUPP
Apr-Jun elevator mntcfinspect: C.H.fT.M
elevator maintJinspection svcs:Mntc Fac
credit: overcharge monthly fee per
credit: billing incorrect
credit: overcharge monitoring qtrly fee
958.17
132.68
-7.68
-63.17
-135.00
885.00
100359 06/23/2005 000668 TIMMY D PRODUCTIONS INC
OJ svcs for Skater Challenge 5/21/05
400.00
400.00
100360 06/23/2005 008915 TOPP'S SPORTS INC
Refund: field rentalslfemeku Hills
2,380.00
2,380.00
100361 06/23/2005 007433 TOVEY SHULTZ CONSTRUCTION May prgs pmt#2: Roripaugh Fire Stn 03-01
219,174.78
219,174.78
100362 06/23/2005 004759 TWIN GRAPHICS re-designlgraphics for City Police
4,049.81
4,049.81
100363 06/23/2005 007118 US TELPAC1FIC CORPORATION Jun Internet IP Addresses Block
545.93
545.93
100364 06/23/2005 005574 VAIL ELEMENTARY PTA Refund: Sec. Deposit 5th grade promotion
150.00
150.00
100365 06/23/2005 008837 VALLEY BUSINESS JOURNAL, 4 ~holdjng space~ for ads:O.T.
1,000.00
1,000.00
100366 06/23/2005 006807 VANIR CONSTRUCTION
Apr Constr Mgmt Svcs: Community Thtr
13,581.57
13,581.57
100387 06/23/2005 004261 VERIZON
Jun xxx-son general usage
Jun xxx-0074 general usage
Jun xxx-0073 general usage
Jun xxx-1473 P.O. OT Stn
Jun xxx-3564 alarm
Jun xxx-391O 1st Street Irrigation
Jun xxx-4896 Edwards
Jun xxx-3984 Naggar
Jun xxx-5473 Moraga Rd
Jun xxx-8573 general usage
5,435.35
266.54
218.05
77.37
56.83
31.92
29.37
28.75
28.41
28.41
.
6,201.00
100368 06/2312005 004789 VERIZON ONLINE
Internet svcs: P.O. O.T. 5tn
42.94
42.94
100369 06/23/2005 004848 VERIZON SELECT SERVICES INC Jun long distance phone svcs
6.77
6.77
Page:9
apChkLst
06/23/2005
9:58:27AM
Final Check List
CITY OF TEMECULA
Page: 10
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date Vendor
Description
Amount Paid Check Total
184.70 184.70
332.99 332.99
5,226.00 5,226.00
42.50 42.50
210.11 210.11
100370 06/23/2005 007737 VIRTUAL FLOW TECHNOLOGY
maint svcs on Stn 84 water system
100371 06/23/2005 008445 WALT ALLEN ARCHITECT
dsgn svcs/tenant imprv to Police Mall
100372 06/23/2005 003063 WEAVER PACIFIC PUBLICATIONS '05 OH~ial Visitors Guide Smr/Fall
100373 06/23/2005 007949 WESTERN ARTS ALLIANCE 7/6/05-01/02/06 mbrshp dues: H. Parker
100374 06/23/2005 006290 WOODCREST VEHICLE CENTER Lidar mount w/ticket box holder. Police
Grand total lor UNION BANK OF CALIFORNIA:
2,207,850.24
Page:l0
apChkLst
06/23/2005 9:58:27AM
Final Check List
CITY OF TEMECULA
Page: 11
142 checks in this report.
Grand Total All Checks:
2,207,850.24
Page:11
c
apChkLst Final Check List Page: 1
0613012005 3;46:57PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
525 06/30/2005 000444 INSTATAX (EDD) State Disability Ins Payment 17,546.73 17.546.73
526 06/30/2005 000283 INSTATAX (IRS) Federal Income Taxes Payment 68,559.56 68,559.56
527 06/30/2005 000246 PERS (EMPLOYEES' PERS ER Paid Member Cantr Payment 95,410.27 95.410.27
528 06/30/2005 000389 US_C_M_'N~~T_<9.!l~),_ _ OBRA. Project Retirement Payment 4,291.86 4,291.86
100375 06/30/2005 004594 2 HOT ACTIVEWEAR Ufeguard shirts & sweatshirts 2,111.04
Winter/Spring Softball Awards 193.52 2.304.56
100376 06/30/2005 008935 ABRAMS, DEBORAH Refund: Parent N Me Swim Lessons 40.00 40.00
100377 06/30/2005 000747 AMERICAN PLANNING Membership: C.Damko 161407 230.00 230.00
- - - - - ----.
100378 06/30/2005 007996 AMERICAN WEST LANDSCAPE May Prgss:Pechanga Soundwall 1,504.80 1,504.80
100379 06/30/2005 008279 AMERICOMP INFOSYSTEMS INC Computer Supplies: Maxtor 300GB 558.15
Computer Supplies: 512 memory stick 80.81 638.96
100380 06/30/2005 003865 ANDYS GLASS Res Impr Prgm: Sroka, Reannette 541.67 541.67
100381 06/30/2005 001561 ARCH WIRELESS 6/20 - 9/19/05 pagingfrental svcs 419.43 419.43
100382 06/30/2005 003203 ARTISTIC EMBROIDERY Tn Mt Jackets w/City Seal:Planning 378.00 378.00
100383 06/30/2005 008933 AYERS, QUEEN Refund: Summer Day Camp 7/18-29 200.00
Refund: Teen Summer Camp: 7/18.29 200.00
Refund: Summer Day Camp: 7/5.15 180.00
Refund: Teen Summer Camp: 7/5-15 175.00 755.00
100384 06/30/2005 004855 BABER, GABRIELE TCSD instructor earnings 529.20
TCSD instructor earnings 352.80 882.00
100385 06/30/2005 004262 BIO-TOX LABORATORIES May.Jun DUI Drug & Alcohol Screening 832.17
May DUI Drug & Alcohol Screening 69.00 901.17
100386 06/30/2005 008937 BOYATT, KELLY Refund: Parent N Me Swim Lessons 40.00 40.00
100387 06/30/2005 000837 CALIF DEPT OF FRANCHISE TAX Support Payment case # 615030856 160.57 160.57
Page:1
apChkLst
06/30/2005
3:46:57PM
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
100388 06/30/2005 004248 CALIF DEPT OF JUSTICE-
100389 06/30/2005 008644 CANTRELL, ROGER, AlA, AICP
100390 06/30/2005 002534 CATERERS CAFE
Final Check List
CITY OF TEMECULA
(Continued)
Description
Fingerprinting 10 svcs:Police/HR
Architect:plan review consulting
Refreshments: City Mgr business mtg
Refreshments: library P~t Wrkshp
Refreshments:PEACS Evaluation Tmg
Refreshments: City Mgr business mtg
Refreshments lor interview panel
Refreshments: Interview panel
100391 06/30/2005 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment
100392 06/30/2005 001193 COMP USA INC
100393 06/30/2005 003006 DEWITT CUSTOM PAINTING
100394 06/30/2005 003945 DIAMOND ENVIRONMENTAL
100395 06/30/2005 007865 DIETERICH INTERNATIONAL
100396 06/30/2005 005965 DIVERSIFIED PROTECTION
100397 06/30/2005 002701 DIVERSIFIED RISK
100398 06/30/2005 008938 DRUHE, KRISTINA
Computer Supplies: 1 GB mini fish dr
Computer Supplies: DUnk Wr1s Adaptr
Computer Supplies: Rayo Battery
Res Impr Prgm: Osmond, Lisa
Portable restroom: Riverton Prk
Portable restroom: Lg Cyn Prk
Portable restroom: Veterans Prk
Portable restroom: Vail Ranch Prk
Patch truck repairs: PW mntc
City Clerk vault fire system repairs
May 05 special events premiums
Refund: Parent N Me Swim Lessons
100399 06/30/2005 001669 DUNN EDWARDS CORPORATION Supplies for graffiti removal
100400 06/30/2005 007530 EASTMAN. WENDY M.
100401 06/30/2005 005251 EQUIPMENT REPAIR SERVICE
TCSD instructor earnings
PW Patch truck repairs
PW Patch truck repairs
Page: 2
Amount Paid
Check Total
3,184.00
3,184.00
1,351.00
1,351.00
245.44
142.68
125.47
85.08
56.57
32.42
687.66
134.50
134.50
203.66
151.92
15.67
371.25
2,800.00
2,800.00
57.02
57.02
57.02
57.02
228.08
357.39
357.39
3,789.00
3,789.00
682.81
682.81
35.00
35.00
49.29
49.29
1,125.00
1,125.00
289.75
286.50
576.25
Page:2
apChkLst Final Check List Page: 3
06/30/2005 3:46:57PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
100402 0613012005 001056 EXCEL LANDSCAPE Apr ldscp impr: Old Town 880.00
Jan Idscp impr. City Hall flats 408.00
May Idscp impr: CRC 350.67
May ldscp impr: TCC sprinklers 126.45
Jan Idscp impr. Sr Center flats 72.00 1,837.12
100403 06/30/2005 000478 FAST SIGNS C.Museum plex box wI gloves & clamps 1,184.39 1,184.39
100404 0613012005 000165 FEDERALEXPRESSINC Express mail services 190.45
Express mail services 183.08 373.53
100405 06/30/2005 000206 FEDEX KINKOS INC Stationery paper/mise supplies 33.90 33.90
100406 06/30/2005 000166 FIRST AMERICAN TITLE Lot Book Reports: Whiting 75.00 75.00
100407 06/3012005 003347 FIRST BANKCARD CENTER
VALLEE D' BRUME DU Refreshments: Planning Comm Mtg 100.00
BLACK ANGUS DU Refreshments: Team bldg Mtg 89.81
BLACK ANGUS DU Refreshments: Interview Panel 68.21
CALIF GRILL DU Refreshments: Planning Comm Mtg 61.00
CHillS RESTAURANT DU Refreshments: Dept mgmt mtg 23.33 342.35
100408 06/30/2005 002982 FRANCHISE TAX BOARD Support Payment case # 452379267 75.00 75.00
100409 06/30/2005 000170 FRANKLIN QUEST COMPANY INC Day Timer Supplies for Planning 229.71
Day Timer Supplies for Planning 17.35 247.06
100410 06/3012005 008936 FRETZ, HEATHER Refund: Parent N Me Swim:Olivia 40.00
Refund: Parent N Me Swim: Noah 40.00 80.00
100411 06/30/2005 008416 FRONTBRIDGE TECHNOLOGIES Nov-Feb e-mail spam filtering svcs 649.75
March e-mail spam filtering svcs 287.50
Credit: Ovrchrged Oec-Feb svcs -526.12 411.13
100412 06/3012005 004514 G T S I CORP Fire prevo laptop mounting equip 1,459.83 1,459.83
100413 06/3012005 008805 GEOTECHNICAL SERVICES INC NPOES wtr sampling muliti-meter equip 2,937.95 2,937.95
100414 0613012005 005947 GOLDEN STATE OVERNIGHT Express Mail Service:Fire Prey 69.27 69.27
100415 06/30/2005 008934 GRAHAM. KERRI Refund: Summer Day Camp 6/20-7/1/05 195.00 195.00
Page:3
apChkLst Final Check List Page: 4
06/30/2005 3:46:57PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
100416 06/30/2005 008941 GRANT, SIDNEY Reimb: Art Cart Gas 60.00 60.00
100417 06/30/2005 002174 GROUP 1 PRODUCTIONS Video:R.Reagan prk renaming ceremony 600.00 600.00
100418 06/30/2005 001135 HEAL THPOINTE MEDICAL pre-employment physicals 775.00
pre-employment physicals 310.00
pre-employment physicals 50.00 1,135.00
100419 06/30/2005 001792 HINTON, BEVERLY L. TCSD instructor earnings 131.60 131.60
100420 06/30/2005 005748 HODSON, CHERYL A. Support Payment 35.07 35.07
100421 06/30/2005 008356 HORIZON MECHANICAL OF CALIF Install new pool equip: TES pool 57,304.00
Install new pool equip: TES pool 1,717.00 59.021.00
100422 06/30/2005 004525 HUMANSCALE CORPORATION 3- Flat Monitor Swing Arms 828.87 828.87
100423 06/30/2005 004535 ICEPLEX Summer day camp excursion 7/1 200.00 200.00
100424 06/30/2005 004406 IGOE & COMPANY INC June 05 flex benefit plan pmt 280.85 280.85
100425 06/30/2005 004833 IMPERIAL PAVING COMPANY INC Re-asphalt Paloma Del Sol Prkg Lot 16,674.00
Repair CRC parking lot 8,400.00 25,074.00
100426 06/30/2005 002166 INGRAM ELECTRIC Trouble shoot C.Museum circuit ovrld 96.43 96.43
100427 06/30/2005 002726 INLAND EMPIRE BUSINESS Subscription: 1 year: Eco Deve!. 24.00 24.00
100428 06/30/2005 001186 IRWIN, JOHN TCSD instructor earnings 1,684.20
TCSD instructor earnings 151.20 1,835.40
100429 06/30/2005 002424 KELLEY DISPLAY INC banners face plates/pins/keys:Eco Dev 253.64 253.64
100430 06/30/2005 004024 KOCH HEATING & AIR Res Impr Prgm: Bello, Fred & Jeri 5,000.00 5,000.00
- -..- .-.-.
100431 06/30/2005 006578 KOOBA, CELESTE Reimb.S.D. Fair tickets:Sr Excursion 96.00 96.00
100432 06/30/2005 006452 LANIER, DENISE Reimb:CAlPELRA Academy:6/15-17 62.78 62.78
Page:4
apChkLst Final Check list Page: 5
06/30/2005 3:46:57PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
100433 06/30/2005 004412 LEANDER, KERRY D. TCSD instructor earnings 2,159.50
TCSD instructor earnings 239.75
TCSD instructor earnings 204.75
TCSD instructor earnings 194.25
TCSD instructor earnings 194.25 2,992.50
100434 06/30/2005 003726 UFE ASSIST INC Paramedic Medical Supplies 179.64 179.64
100435 06/30/2005 002634 UTEUNES INC R&R various Old Twn Street lights 12,769.32 12,769.32
100436 06/30/2005 006897 LORY, SUSAN, J. TCSD instructor earnings 997.50
TCSD instructor earnings 804.65
TCSD instructor earnings 778.05
TCSD instructor earnings 731.50
TCSD instructor earnings 718.20
TCSD instructor earnings 59B.50
TCSD instructor earnings 598.50
TCSD instructor earnings 478.80
TCSD instructor earnings 452.20 6,157.90
100437 06/30/2005 008610 M C R STAMPS DJ svcs: High Hopes Prgm 6/17/05 25.00 25.00
100438 06/30/2005 004776 M P SIGNS Fire Prey vehicles lettering/striping 1,160.00 1,160.00
100439 06/30/2005 004772 MAACO AUTO PAINTING & Ford Windstar repair svcs 573.33 573.33
- - - ...--.
100440 06/30/2005 001967 MANPOWER TEMPORARY temp help wle 06/12 JD/JG/JHlDH 4,245.14 4,245.14
100441 06/30/2005 000220 MAURICE PRINTERS INC 300,000 C.O.T. Rack Brochures 15,450.27
3500 C.O.T. tourism CD jackets 1,148.62 16,598.89
100442 06/30/2005 008091 MILLMORE'S WPV< CREW vehicle detailing svcs: PW Traffic Div 100.00
vehicle detailing svcs: PW C1P/Lnd Dev 75.00 175.00
100443 06/30/2005 001384 MINUTEMAN PRESS business cards: J. O'Grady 115.55
business cards: L. Larson 43.37
business cards: H. Bales 43.37 202.29
100444 06/30/2005 008825 MOUNTED INTL 1 AMERITACK Saddlebags for P.O. 1,358.16 1,358.16
100445 06/30/2005 000233 NELSON, SHAWN reimb: may internet svcs/installation 75.90 75.90
PageS
apChkLst
06130/2005
3:46:57PM
Final Check List
CITY OF TEMECULA
Page: 6
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
100446 06/30/2005 006721 OFFICEMAX - A BOISE COMPANY file cabinets for Maint Fac
Mise office supplies: Finance
Credit: file cabinets returned
1,670.13
890.99
-1,670.13
890.99
100447 06/30/2005 002105 OLD TOWN TIRE & SERVICE
City Vehicle Repair/Maint Svcs
City Vehicle Repair/Maint Svcs
127.33
82.50
209.83
100448 06/30/2005 001171 ORIENTAL TRADING COMPANY
Summer Day Camp supplies
140.80
140.80
100449 06/30/2005 006939 PAINT CONNECTION, THE
Res Imprv prgm: Wiggins
Res Imprv Prgm: Coats
2,240.00
995.00
3,235.00
100450 06/30/2005 008930 PALMER, SHEILA
Refund: dup pmtfNSF check # 1298
115.00
115.00
100451 06/30/2005 008940 PEAL, EMILY
Refund: Sec. Deposit MPSC
400.00
400.00
100452 06/30/2005 003218 PELA
May Plan Ckllnspect: Winchester Ad 0027
May Prof Svcs:Wotf erk Sprts Cmplx
1,237.50
247.50
1,485.00
100453 06/30/2005 001958 PERS LONG TERM CARE
PERS Long Term Care Payment
288.55
288.55
100454 06/30/2005 000249 PETTY CASH
Petty Cash Reimbursement
314.17
314.17
100455 06/30/2005 004519 PYRO SPECTACULARS INC
Balance due:July 4th Fireworks Display
15,000.00
15,000.00
100456 06/30/2005 004457 R J NOBLE COMPANY
release retention: R.C. Rd Widen PW0020
62,871.40
62.871.40
100457 06/30/2005 000262 RANCHO CALIF WATER DISTRICT Various Water Meters
Jun 01-08-38009-0 Fire Stn 92
1,853.31
103.05
1,956.36
100458 06/30/2005 008381 RANCHO CHRISTMAS TREES
Refund: temporary use permit
300.00
300.00
100459 06/30/2005 003591 RENES COMMERCIAL
Citywide slopes weed abatement
Citywide parks weed abatement
2,000.00
2,000.00
4,000.00
100460 06/30/2005 002110 RENTAL SERVICE
Refill Propane Gas Tank: PW Maint
12.28
12.28
100461 06/30/2005 004498 REPUBLIC ELECTRIC
On-Call Traffic Signal Maint NicholaslWin
On-Call Traffic Signal Maint: Marg/Cosco
2,360.00
1,180.00
3,540.00
100462 06/30/2005 000352 RIVERSIDE CO ASSESSOR
May assessor maps for B&S Dept.
27.00
27.00
100463 06/30/2005 000353 RIVERSIDE CO AUDITOR
Apr parking citation assessments
3,477.50
3,477.50
PageS
apChkLst Final Check List Page: 7
06130/2005 3:46:57PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
100464 06/30/2005 000406 RIVERSIDE CO SHERIFFS DEPT 3/03/05-3/30/05 law enforcement 870,959.13
FY 04/05 Facility Expense 207,056.02 1,078,015.15
100465 06/30/2005 000406 RIVERSIDE CO SHERIFFS DEPT May '05 Booking Fees 9,494.40 9,494.40
100466 06/30/2005 005756 RIVERSIDE CO TREASURER refund: Children's Museum ovrpmt 63.00 63.00
100467 06/30/2005 001097 ROADlINE PRODUCTS INC maint supplies for PW stencil truck 546.61 546.61
100468 06/30/2005 003544 ROBERT SHEA PERDUE REAL appraisal svcs: Diaz Road Realignment 3,200.00 3,200.00
100469 06/30/2005 006365 RUBIN, STEVEN P. TeSD Instructor Earnings 112.00
TCSD Instructor Eamings 42.00 154.00
100470 06/30/2005 000277 S & S ARTS & CRAFTS INC Summer Day Camp Supplies 459.37
Summer Day Camp Supplies 330.47
Summer Day Camp Supplies 86.12 875.96
100471 06/30/2005 001942 S C SIGNS Jun new signs for public ntcs: Planning 1,825.00
May posting public ntc signs:Planning 1,020.00
May public nte signs: City Clerk 255.00
Jun public ntc signs: City Clerk 255.00 3,355.00
100472 06/30/2005 004562 SCHIRMER ENGINEERING CORP. May plan check svcs: Fire Prev 3,000.00 3,000.00
100473 06/30/2005 008529 SHERIFF'S CIVIL DiV - CENTRAL Support Payment LO File # 2005022657 103.47 103.47
100474 06/30/2005 007342 SHUTE, MIHALY & WEINBERGER May '05 legal services pmt 492.78 492.78
100475 06/30/2005 000537 SO CALIF EDISON Jun 2-00-397-5042 Cny Hall 7,140.10
Jun 2.26-887-0789 various mtrs 3,636.32
Jun 2-02-351-4946 MPSC 1,397.16
Jun 2-18-937-3152 T. Museum 1,110.11
Jun 2-23-365-5992 Fire Stn 92 392.93
Jun 2.20-817-9929 O.T. P.D. SIn 350.92
Jun 2-22-891-0550 various mtrs 296.98
Jun 2-11-007-0455 6th Street 287.37
Jun 2-21.911-7892 S.8ide Prk Lot 129.52
Jun 2-21-981-4720 Hwy 79 54.53
Jun 2-19-171-8568 Wedding Chpl 51.99
Jun 2-14-204-1615 Front St Rdio 33.87 14,881.80
100476 06/30/2005 001212 SO CALIF GAS COMPANY Jun City facilities gas meters 1,838.57
Jun 095-167-7907-2 Fire Stn 84 150.00 1,988.57
Page:7
apChkLst
06130/2005
3:46:57PM
Final Check List
CITY OF TEMECULA
Page: 8
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
100477 06/30/2005 000519 SOUTH COUNTY PEST CONTROL pest control svcs: Various Parks
pest control svcs: CRC
pest control svcs: Harveston Way
pest control svcs: Code Enforcement
pest control svcs: Code Enforcement
pest control svcs: Fire S1n 92
pest control svcs: T. Museum
pest control svcs: Maint Fac
pest control svcs: C. Museum
pest control svcs: TCC
pest control svcs: Wedding Chpl
pest control svcs: Caboose
390.00
90.00
84.00
84.00
84.00
42.00
42.00
40.00
36.00
36.00
32.00
29.00
989.00
100478 06/30/2005 005786 SPRINT
Jun Acct Level Chrgs
38.91
38.91
100479 06130/2005 002366 STEAM SUPERIOR CARPET
Carpet Cleaning Srvcs: City Hall
Apr-May floor janitorial svcs:City
Jun floor janitorial svcs: City
3,200.00
880.00
600.00
4,680.00
100480 06/30/2005 000305 TARGET BANK BUS CARD SRVCS Children's Museum Supplies
office supplies for PW Dept
Family Fun Nights Supplies
448.93
185.24
64.06
698.23
100481 06/30/2005 006465 TEMECULA AUTO REPAIR
Paramedics vehicle repair/maint
Fire Prey vehicle repairlmaint
1,566.94
29.71
1,596.65
100482 06/30/2005 006305 TEMECULA SISTER CITY ASSN
shipping charges for Int'I Art Exchange
1.500.00
1,500.00
100483 06/30/2005 000515 TEMECULA VALLEY CHAMBER
Apr-Jun '05 Funding
37,000.00
37,000.00
100484 06/30/2005 004274 TEMECULA VALLEY SECURITY
Replace Broken Glass @ CRC Restroom
357.17
357.17
100485 06/30/2005 008931 THOM, LORENE
refund: summer day camp/Jocelyn
refund: summer day camp/Katelyn
195.00
195.00
390.00
100486 06/30/2005 000668 TIMMY D PRODUCTIONS INC
DJ for Family Fun Skate Night 6/24/05
300.00
300.00
100487 06/30/2005 005937 TOMCZAK, MARIA T.
TCSD Instructor Earnings
112.00
112.00
100488 06/30/2005 002452 TOP LINE INDUSTRIAL
parts for PW small equipment
43.05
43.05
100489 06/30/2005 003031 TRAFFIC CONTROL SERVICE INC Traffic Control devices for PW
409.45
409.45
Page:8
apChkLst
06130/2005
3:46:57PM
Final Check List
CITY OF TEMECULA
Page: 9
Bank: union UNION BANK OF CALIFORNIA
(COntinued)
Check # Date
Vendor
Description
Amount Paid
Check Total
100490 06/30/2005 000978 TRAUMA INTERVENTION PRGM 4th OtrEmerg. Response Vol. Prgm
2,181.25
2,181.25
100491 06/30/2005 000325 UNITED WAY
United Way Charities Payment
224.65
224.65
100492 06/30/2005 004261 VERIZON
Jun xxx-3526 Fire Alarm
Jun xxx-5275 PO DSL
Jun xxx-2676 general usage
90.20
29.37
28.41
147.98
100493 06/30/2005 004789 VERIZON ONLINE
Internet svcs:9549 C.T. P.O. Stn
credit:account closed 0544
42.94
-37.64
5.30
100494 06/30/2005 007695 VIDO SAMARZICH INC
release retention: Pablo Apis Pk PW02~02
21,289.50
21,289.50
100495 06/30/2005 000621 WESTERN RIVERSIDE COUNCIL May '05 TUMF fees
70,762.08
70,762.08
Grand total for UNION BANK OF CALIFORNIA:
1,717,704.89
Page:9
ITEM 4
APPROVAL oL;?
CITY ATTORNEY .aP~.
DIRECTOR OF FINANCE ~
CITY MANAGER ~
,
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Genie Roberts, Director of Finance
DATE:
July 12, 2005
SUBJECT:
City Treasurer's Report as of May 31 , 2005
PREPARED BY:
Karin Grance, Revenue Managerl~
Shannon Domenigoni, Accountan~
That the City Council receive and file the City Treasurer's Report as of
RECOMMENDATION:
May 31,2005.
DISCUSSION: Government Code Sections 53646 and 41004 require reports to the
City Council regarding the City's investment portfolio, receipts, and disbursements respectively.
Attached is the City Treasurer's Report that provides this information.
The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635
as of May 31 , 2005.
FISCAL IMPACT:
None
Attachments:
City Treasurer's Report as of May 31,2005
CityolT_
city Treasnm-'s Report
As of May 31, 2005
Cash Activity for the Month of May :
Cash and Investments as of May 1,2005 $ 126,119,137
Cash Receipts 17,708,812
Cash Disbursements (8,818,945)
Cash and Investments as of May 31, 2005 $ 135,609,004
Cash and Investments Portfo6o: Maturityl
Purchase Termination Market ParlBook
Type of Investmcnt Institution Yield Date Date Value Balance @ (>>130105
General Checking Union Bank nla 5,543,853 (1)
Flex Benefit Demand Deposits Union Bank nla 5,897 (1)
Oletking Account - Parking Citations Union Bank n/a 5,420
Local Agency Investment Fund State Treasurer-LAIF 2.856 % 60,246,472 (2)
CertiflCate of Deposit. Retention Escrow Community National Bank nla 43,619
CertifICate of Deposit - Retention Escrow California Bank & Trust nla 106,013
Petty Cash City Hall nla $ 1,500
Federal Agency- Callable Federal Home Loan Bank 1.885 % 06/2612003 Olf23!2006 989,690 981,500
Federal Agency- Callable Federal Home Loan Bank 2.500 % Ul1l612003 08114/2006 1,972,500 1,915,620
Federal Agency- Callable Federal Home Loan Bank. BDS 3.000 % 03/1012004 0110712008 2,872,344 2,852,894
Federal Agency- Callable Federal Home Loan Bank - BDS 3.000 % 03125/2004 01/2212008 1,958,120 1,951,260
Federal Agency- Callable Federal Home Loan Bank - BDS 3.000 % O3JI012OO4 12/2812007 3,918,760 3,907,520
Federal Agency- Callable Federal Home Loan Bank - BDS 3.070 % 0311712004 0111512008 1,961,880 1,956,880
Federal Agency- Callable FederalHome Loan Bank - BDS 3.100 % 0311012004 0110812008 2,994,734 2,988,054
Federal Agency- Callable Federal Home Loan Bank- BDS 3.125 % 03J1912004 0111612008 982,190 980,000
Federal Agency- Callable Federal Home Loan Bank - BDS 3.150 % 03J16/2004 0111412008 982,810 980,940
Federal Agency- Bullet FederalHome Loan Bank - BDS 3.300 % 02123/2005 02/2812006 998,130 1,000,000
Federal Agency- Callable Federal Home Loan Bank - BDS 3.520 % O4J02/2004 0113012008 1,981,880 1,983,760
Federal Agency- Callable DN Federal Home Loan Bank- BDS 3.785 % 03J04/2oo5 1212812006 1,000,310 1,000,000
Federal Agency- Callable DN Federal Home Loan Bank - BDS 3.850 % 03104/2005 03/2312007 1,000,000 1,000,000
Federal Agency- Callable FederalHomeLoan Bank- BDS 2.250 % 0612612003 0712412006 984,060 983,750'
Federal Agency- Callable Federal Home Loan Mortgage Co 2.000 % 06106/2003 06130/2006 982,300 979,800
Federal Agency- Callable Federal Home Loan Mortgage Co 3.750 % 0310412005 0810312007 998,320 1,000,000
Federal Agency- Callable Federal Home Loan Mortgage Co 4.050 % OS/2312005 0912412007 1,001,140 1,000,000
Federal Agency- Callable Federal National Mortgage Assoc. 4.000 % 0310412005 0410512007 1,000,310 1,000,000
Bond Fund - CFD 88-12 U.S. Bank (First Am. Treasury) 2.300 % 171
(Money Market Account)
Delinquency Maintenance Account - CFD 88-12 CDCJlXIS Funding Corp 5.430 % 0910112017 500,000
(Investment Agreement)
Delinquency Maintenance Account - CFD 88-12 U.S. Bank (First Am. Treasury) 2.300 % 594,436
(Money Market Account)
Reserve Fund - CFD 88-12 CDCJIXIS Funding Corp 5.430 % 0910112017 1,531,469
(Investment Agreement)
Reserve Fund - CFD 88-12 U.S. Bank (First Am. Treasury) 2.390 % 2
(Money Market Account)
Special Tax Fund - CFD 01-2 U.S. Bank (First Am. Treasury) 2.300 % 971,906
(Money Market Account)
Admin Expense Fund - CFD 01-2 U.S. Bank (First Am. Treasury) 2.300 % 754.554
(Money Market Account)
Variable Bond Fund - CFD 01-2 U.S. Bank (First Am. Treasury) 2.300 % 7,632
(Money Market Account)
Interest Differential Fund - CFD 01-2 U.S. Bank (First Am. Treasury) 2.300 % 132,829
(Money Market Account)
Improvenu:ntFund - CFD 01-2 U.S. Bank (First Am. Treasury) 2.300 % 2,825,856
(Money Market Account)
Special Tax Fund - CFD 03-1 U.S. Bank (First Am. Treasury) 2.300% 87,058
(1v1oney Market Account)
Bond Fund - CFD 03-1 U.S. Bank (First Am. Treasury) 2.300% 20,707
(Money Market Account)
Capital Interest Fund - CFD 03-1 U.S. Bank (First Am. Treasury) 2.290 % 32
(Money Market Account)
Reserve Fund - CFD 03-1 Aig Match Fed Corp Ref 4.830% 863,900
(Investment Agreement)
Reserve Fund - CFD 03-1 U.S. Bank (First Am. Treasury) 2.390 % 4
(Investment Agreement)
Pagel
city Improvement Fund - CFD 03-1
(M:oney Market Account)
City Improvement Fund - CFD 03-1
(Local Agency In vesbnent Fund)
Cat Trans Improvement Fund - CFD 03-1
(M:oney Market Account)
Cal Trans Improvement Fund - CFD 03-1
(Local Agency Investment Fund)
Acquisition Account Fund - CFD 03-1
(M:oney Market Account)
Acquisition Account Fund - CFD 03-1
(Local Agency Investment Fund)
Special Tax Fund - CFD 03-03
(Money Market Account)
Bond Fund - CFD 03-3
(Money Market Account)
Capital InterestFund- CFD 03-3
(Money Market Account)
Capital Int.erest Fund - CFD 03-3
(Local Agency Investment Fund)
Reserve Fund - CFD 03-3
(Investment Agreement)
Reserve Fund - CFD 03-3
(Money Market Account)
City Improvement Fund - CFD 03-3
(Money Market Account)
City Improvement Fund - CFD 03-3
(Local Agency Investment Fund)
EMWD Improvement Fund - CFD 03-3
(Money Market Account)
E.MWD 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 Investment Fund)
Capital Interest Fund - CFD 03-06
(Money Market Account)
Reserve Fund - CFD 03.06
(Money Market Account)
City Improvement Fund - CFD 03-06
(Money Market Account)
Redemption Fund - AD 03-04
(Money Market Account)
Admin Expense Fund - AD 03-4
(Money Market Account)
Reserve Fund - AD 03-04
(Money Market Account)
Interest Account-RDA TABs
(Money Market Account)
Reserve Account - RDA TABs
(Surety Bond)
Project Account- RDA TABs
(Money Market Account)
Project Account-RDA TABs
(Local Agency Investment Fund)
Installment Payment Fund - TCSD COPs
(Money Market Account)
Project Fund - TCSD COPs
(Money Market Account)
Project Fund - TCSD COPs
(Local Agency Investment Fund)
City ofTemecaIa
City Treaswnr's Report
As of May 31. 2005
U.S. Bank {First Am. Treasury) 2.300 %
State Treasurer-LAIF 2.856 %
U.S. Bank (First Am. Treasury) 2.300%
State Treasurer-LAIF 2.856 %
U.S. Bank (First Am. Treasury) 2.300 %
State Treasurer-LAIF 2.856 %
U.S. Bank (First Am. Treasury) 2.300%
U.S. Bank {First Am. Treasury) 2.300%
U.S. Bank (First Am. Treasury) 2.300%
State Treasurer-LAIF 2.856 %
CDCIIXIS Funding Corp 3.000 %
U.S. Bank (First Am. Treasury) 2.310 %
U.S. Bank (First Am. Treasury) 2.300%
State Treasurer-LAIF 2.856 %
U.S. Bank (First Am. Treasury) 2.300 %
State Treasurer-LAIF 2.856 %
U.S. Bank (First Am. Treasury) 2.300 %
State Treasurer-LAIF 2.856 %
U.S. Bank (First Am. Treasury) 2.300 %
U.S. Bank (First Am. Treasury) 2.300 %
U.S. Bank (First Am. Treasury) 2.300 %
U.S. Bank (First Am. Treasury) 2.300.%
U.S. Bank (First Am. Treasury) 2.300 %
U.S. Bank (First Am. Treasury) 2.300 %
U.S. Bank (First Am. Treasury) 2.290 %
.MBIA Surety Bond nJ.
U.S. Bank (First Am. Treasury) 2.300 %
State Treasurer-LAIF 2.856 %
U.S. Bank (First Am. Treasury) 2.300 %
U.S. Bank (First Am. Treasury) 2.300 %
State Treasurer-LAIF 2.856 %
08131n034
(I)-This amount is net of outstanding checks.
(2)-AtMay 31,2005 total market vab.1e (incb.1ding accrued interest) for the Local Agency InvestrnentFund (LAIF) was $62,326,901,826.
The City's proportianate share of that value is $60,033,587.
All investments are liquid and currently available.
The City of Temecula's portfolio is in compliance with the investment policy,
Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months.
Page 2
419
967.926
511,686
6,011
932
1,294,985
609,046
43,807
6,985
12
2,171,120
6
341
1,313,349
2,984
3,697,464
10,058
10,102,110
127,315
341,225
3,863,391
22,950
15,362
100,988
35
516
514,664
380
451
1,051,116
$ 135,609,004
CITY OF TEMECULA
CASH AND INVESTMENT REPORT
MAY 2005
001
100
101
120
150
160
165
170
190
192
193
194
195
196
210
261
271
273
274
275
276
280
300
310
320
330
340
380
390
460
470
473
474
475
476
GENERAL FUND
STATE GAS TAX FUND
STATE TRANSPORTATION FUND
DEVELOPMENT~PACTFUND
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" REFUSEIRECYCLING
TCSD SERVICE LEVEL "R" STREET/ROAD MAINT
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
CAPITAL IMPROVEMENT PROJECT FUND
CFD 88-12 ADMIN EXPENSE FUND
CFD 01-2 HARVESTON ~PROVEMENTFUND
CFD 03-1 CROWNE HILL IMPROVEMENT FUND
AD 03-4 JOHN WARNER IMPROVEMENT FUND
CFD 03-3 WOLF CREEK ~PROVEMENT FUND
CFD 03-6 HARVESTON 2 IMPROVEMENT FUND
REDEVELOPMENT AGENCY - CIP PROJECT
INSURANCE FUND
VEHICLES FUND
INFORMA nON 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 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
27,373,096.33
114,896.63
1,397.05
13.048,605.77
234,707.43
1.66
10,223.024.68
6,105.532.09
1,143,493.00
199,586.81
470.598.92
1,687,384.36
30,346.03
383,909.59
22,993,602.60
8,071.53
2,838.873.56
2,782.018.26
222,730.11
21,126.305.67
3,863,390.85
2,422,140.65
1,427,424.07
206.937.75
740,354.00
208,644.16
103,449.10
3,512,095.22
4,499.07
4.228,708.97
2,183.725.83
1,460,465.13
195,138.06
3.563,339.12
500,510.31
135,609,004.37
ITEM 5
APPROVAL
CITY ATTORNEY"-UJP~
DIRECTOR OF FINA~ J:kr<
CITY MANAGER I
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Debbie Ubnoske, Director of Planning
DATE: July 12, 2005
SUBJECT: Dalton II (PA05-0171)
PREPARED BY: Stuart Fisk, Associate Planner
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A HEIGHT INCREASE OF ONE-
STORY FOR PLANNING APPLICATION NO. PA05-0171,
LOCATED AT 41925 5TH STREET, GENERALLY LOCATED ON
THE NORTH SIDE OF FIFTH STREET, APPROXIMATELY 200
FEET WEST OF MERCEDES STREET, KNOWN AS
ASSESSOR PARCEL NO. 922-024-012 AND 922-024-13.
BACKGROUND: Planning Application No. PA05-0171 is a Conditional Use Permit and
Development Plan to construct a 4-story mixed-use building with a retail portion on the first floor
and multi-family residential apartments on the second, third, and fourth floors. The proposed
building totals 25,274 square feet on a 0.48 acre lot, located at 41925 5th Street, generally
located on the north side of 5th Street, approximately 200 feet west of Mercedes Street. The
proposed project was approved at the July 6, 2005, Planning Commission meeting with a
condition of approval requiring City Council approval of the proposed building height of 59 feet
and four stories.
The proposed building will be located adjacent to the existing Dalton building, which is situated
on the east side of the project site, with a one-foot setback between the buildings. The
proposed building complements the existing Dalton building by utilizing similar building materials
and design elements, resulting in buildings that are different from one another, yet appearing to
be from the same time period.
The Old Town Specific Plan Tourist Retail Core (TRC) zoning district limits building heights to
three stories and 50.0 feet. However, Section 111.F.8 of the Specific Plan allows the City Council
to approve increases to the building height limitations. Staff can support the fourth story for the
following reasons:
G:IPlanningI2Q05\PA05-0171 Dalton II DP-CUP\PlanningICouncil Staff Report.doc
. The building has been designed to the pedestrian scale;
. Stepping back portions of the building serves to break up the massing of the building;
. The proposed building will allow for additional retail and will provide multi-family
residential in an area of Old Town that is underutilized; and
. The building architecture is outstanding and will compliment the existing Dalton building
located to the east of the project site.
FISCAL IMPACT: N/A
ATTACHMENTS:
1 . City Council Resolution
2. Reduced Exhibits
3. Planning Commission Staff Report
G:\Planning\2005\PA05-0171 Dalton II DP-CUP\Planning\Council Staff Report,doc
ATTACHMENT NO.1
CITY COUNCIL RESOLUTION NO. 05-_
G:\Planning\2005\PAOS.0171 Dalton II DP-CUP\PlanningICouncil StaH Report.doc
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A HEIGHT INCREASE OF ONE-
STORY FOR PLANNING APPLICATION NO. PA05-0171,
LOCATED AT 41925 5TH STREET, GENERALLY LOCATED
ON THE NORTH SIDE OF FIFTH STREET, APPROXIMATELY
200 FEET WEST OF MERCEDES STREET, KNOWN AS
ASSESSOR PARCEL NO. 922-024-012 AND 922-024-13.
NOW BE IT RESOLVED by the City Council of the City of Temecula as follows:
WHEREAS, Michael McAuliffe, representing Interactive Design Corporation, filed
Planning Application No. PA05-0171 (Conditional Use PermiVDevelopment Plan Application),
in a manner in accordance with the City of Temecula General Plan and Development Code;
and
WHEREAS, the Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law; and
WHEREAS, the Planning Commission, at a regular meeting, considered the
Application on July 6, 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 in opposition to this matter; and
WHEREAS, at the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission approved the Application subject to and based upon the
findings set forth hereunder; and
WHEREAS, the City Council, at a regular meeting, considered the request for a height
increase of nine feet and one-story on July 12, 2005, at which time the City staff and interested
persons had an opportunity to and did testify either in support or in opposition to this matter;
and
WHEREAS, the City Councii in consideration of the application approved the request
for a height increase of nine feet and one-story, subject to and based upon the findings set
forth hereunder;
WHEREAS, all legal preconditions to the adoption of this Resolution have occurred.
Section 1. That the above recitations are true and correct and are hereby
incorporated by reference.
Section 2.
Exhibit 2).
The City Clerk shall certify the adoption of this resolution (attached
G;\Planning\2005\PA05.0171 Dalton II DP-CUP\Planning\Council Resolution.doc
1
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula
this 121h day of July, 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 12th day of July, 2005, by the following
vote:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
AYES:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
G:\Planning\2005\PAOS.0171 Dalton II DP-CUP\Planning\Council Resolution.doc
2
ATTACHMENT NO.2
PLAN REDUCTIONS
G:\Planning\2005\PAOS-0171 Dalton 11 DP-CUP\Planning\Council Staff Report.doc
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ATTACHMENT NO.3
PLANNING COMMISSION STAFF REPORT
G:\PlanningI2005\PA05.Q171 Dalton II DP-GUP\Planning\CoLJncil Staft Report.doc
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
Date of Meeting:
July 6, 2005
Prepared by:
Stuart Fisk
Title: Associate Planner
File Number:
PA05-0171
Application Type: Conditional Use Permit &
Development Plan
Project Description:
A Conditional Use Permit and Development Plan to construct and
operate a 25,274 square foot mixed-use retail and residential
building on 0.48 acres located at 41925 51h Street, generally
located on the north side of 51h Street, approximately 200 feet west
of Mercedes Street (A.P.N. 922-024-012 and 922-024-013).
Recommendation:
(Check One)
~ Approve with Conditions
D Deny
D Continue for Redesign
D Continue to:
D Recommend Approval with Conditions
D Recommend Denial
CEQA:
(Check One)
~ Categorically Exempt
(Class) 15332 (In-Fill)
D Notice of Determination
(Section)
D Negative Declaration
D Mitigated Negative Declaration with Monitoring Plan
DEIR
PROJECT DATA SUMMARY
Applicant:
Interactive Design Corporation; Michael McAuliffe
Completion Date:
June 6, 2005
Mandatory Action Deadline Date:
September 6, 2005
General Plan Designation:
Community Commercial (CC)
G:\Planning\2005\PA05-0171 Dalton II DP-CUP\Planning\STAFF REPORT-doc
1
Zoning Designation:
Old Town Temecula Specific Plan (SP-5; Tourist Retail Core)
Site/Surrounding Land Use:
Site:
Vacant
North:
South:
East:
West:
Retail
RetaillVacant
Retail/Office
Residential
Lot Area:
0.48 acres
Building Area/Coverage: 25,274 sq. ft./26.0%
Landscape Area/Coverage: Approximately 1,500 square feeV7.0%
Parking Required/Provided: 0 spaces requiredl18 spaces provided
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
On June 27,2005, the Old Town Local Review Board reviewed the proposed project and made
findings of consistency and made a recommendation for approval of the project.
Conditional Use Permit
The project includes both commercial and residential uses on a single lot and is therefore
considered a "Mixed Use Project" by the Old Town Temecula Specific Plan. Per Section III.F.3.b
of the Old Town Temecula Specific Plan, a mixed use project may only be established after first
obtaining a Conditional Use Permit.
Site Plan
The proposed four-story building will be located on the north side of 5th Street, approximately
200 feet west of Mercedes Street. The building will contain approximately 4,700 square feet of
retail space and 24 apartments that will be designated as affordable and will receive a financial
contribution from the City of Temecula Redevelopment Agency's Housing Fund.
The 5th Street elevation of the building will include an outdoor seating area for the retail uses to
be located at the first story of the building. An alley is located on the north side of the property,
and a one-way drive aisle at the west side of the building will provide access from 5th Street to a
proposed parking area and the alley at the rear of the building. Services to the building, such as
trash service, utility meters and delivery access, will be provided from the proposed parking area
at the rear of the building.
The east side of the building is adjacent to an existing commercial building. A one-foot setback
is provided between the building and the east property line. The building setbacks meet the
G:\Planning\2005\PA05-0171 Dalton II DP-CUP\Planning\STAFF REPORTdoc
2
minimum requirements of the Specific Plan and the proposed 26.0% lot coverage is well below
the maximum permitted lot coverage of 100%. On-site parking is not required for the project,
however, 18 parking spaces are proposed.
The project has been conditioned to record a parcel merger prior to issuance of a building permit
in order to avoid placing a building over lot lines.
Architecture
Staff and our consulting architect have determined that the proposed architectural style is
consistent with the existing Dalton I building located east of and adjacent to the proposed
building and that the design is consistent with the architectural styles found in California between
1890 and 1920. The architect has created a building that employs many of the key elements
found on buildings of the required time period. The use of authentic building materials and high
quality replications of authentic materials meet the intent of the Specific Plan architectural
guidelines and help to ensure the longevity of the building through reduced maintenance
requirements. The building, as designed, will be a complimentary addition to the east end of Old
Town.
The Old Town Temecula Specific Plan (TRC zoning district) limits building heights to three
stories and 50.0 feet. The proposed building has four stories and a height of 59.0 feet.
However, Section III.F.8 of the Specific Plan allows the City Council to approve increases to the
building height limitations. Staff has determined that an increase to the height limitations for the
proposed project is justified because the proposed building complies with the architecture and
design guidelines and achieves the objectives, goals, and policies of the Old Town Temecula
Specific Plan. The project has been conditioned that final approval of this development plan is
contingent upon City Council approval of the proposed building height of 59.0 feet and four
stories (condition of approval number 3).
Landscapina
The landscape plan conforms to the landscape requirements of the Old Town Temecula Specific
Plan. Plant materials include Red Purple Leaf Plum, Holly Oak, and Chinese Flame trees and
Blue Lily of the Nile, Japanese Boxwood, Carolina Laurel Cherry, Indian Hawthorn, and Italian
Cypress shrubs. Plant materials soften the development and unify the area as a pleasant
environment.
The project proposes to landscape approximately 1,500 square feet or seven percent of the site,
which exceeds the minimum requirement of zero percent in the TRC (Tourist Retail Core) land
use district of the Old Town Temecula Specific Plan. The Old Town Temecula Specific Plan
recommends a rninimum of one 15-gallon size tree for every 800 square feet of landscaping and
one shrub or vine for every 50 feet of landscaping provided. The project exceeds the
recommendation for both trees and shrubs.
Access and Circulation
The Public Works Department has analyzed the projected traffic impact of the project and has
determined that the impacts are consistent with the traffic volumes projected for the site by the
previously approved City General Plan EIR. The Fire Department also reviewed the plan and
determined that there is proper access and circulation to provide emergency services to the site.
G:\Planning\2005\PA05-0171 Dalton II DP-CUP\Planning\ST AFF REPORT,doc
]
,
ENVIRONMENTAL DETERMINATION
[gJ 1. In accordance with the California Environmental Quality Act, the proposed Project has
been deemed to be categorically exempt from further environmental review. (Class,
15332, In-Fill Development Project)
CONCLUSION/RECOMMENDATION
Staff has determined that the proposed project, as conditioned, is consistent with the City's
General Plan. Old Town Temecula Specific Plan, Development Code, and all applicable
ordinances, standards, guidelines, and policies. Therefore, staff recommends that the Planning
Commission adopt a Resolution approving the Development Plan with the attached conditions of
approval.
FINDINGS
Conditional Use Permit (17.04.010.E)
1. The proposed conditional use is consistent with the General Plan and the Old Town
Temecula Specific Plan.
The proposal/or a mixed use complex, with retail on the first floor and office uses on the
second floor is consistent with the land use designation and policies reflected for the
Community Commercial (CC) land use designation within the City of Temecula's General
Plan, and the development standards of the Tourist Retail Core (TRC) designation in the
Old Town Temecula Specific Plan. The site is therefore properly planned and zoned and
found to be physically suitable for the type and density of the proposed mixed use.
2. The proposed conditional use is compatible with the nature, condition and development
of adjacent uses, buildings and structures and the proposed conditional use will not
adversely affect the adjacent uses, buildings or structures.
The proposed conditional use is compatible with adjacent land uses as defined in the
General Plan. Staff has reviewed the proposed mixed use project against the adjacent
land uses and has determined that the proposed uses will be a complimentary addition to
the area. The existing building to the east of the proposed use is a retail/office building
and the proposed use will be a complimentary addition.
3. The site for a proposed conditional use is adequate in size and shape to accommodate
the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and
other development features prescribed in the Old Town Ternecula Specific Plan and
required by the Planning Commission or Council in order to integrate the use with other
uses in the neighborhood.
Staff has reviewed the proposed project against the Old Town Temecula Specific Plan
requirements for a mixed use project and has found that the project meets all of the
requirements. The loading for the building will take place at the rear of the site not visible
from the public right of way. On site parking for the project is not required per the
Specific Plan, however, 18 parking spaces will be provided.
G:\Planning\2005\PA05-0171 Dalton II DP-CUP\Planning\ST AFF REPORT. doc
4
4. The nature of the proposed conditional use is not detrimental to the health, safety and
general welfare of the community.
Staff has reviewed the proposed mixed use, with entertainment, and found that it will not
be detrimental to the health, safety, or general welfare of the community. Fire Prevention
has reviewed circulation and drive aisle widths and has determined that the site will able
to be adequately served by the Fire Department in an emergency situation.
5. That the decision to approve, conditionally approve, or deny the application for a
conditional use permit be based on substantial evidence in view of the record as a whole
before the Director of Planning.
This application has been brought before the Planning Commission at a Public Hearing
where members of the public have had an opportunity to be heard on this matter be/ore
the Planning Commission renders their decision.
Development Plan (17.05.01 O.F)
1. The proposed use is in conformance with the General Plan for T emecula and with all
applicable requirements of state law and other ordinances of the City.
The proposal is consistent with the land use designation and policies reflected for the
Community Commercial (CC) land use designation within the City of Temecula's General
Plan, and the development standards of the Tourist Retail Core (TRC) designation in the
Old Town Temecula Specific Plan. The site is therefore properly planned and zoned and
found to be physically suitable for the type and density of the proposed 25,274 square
foot four-story retail/residential building.
2. The overall development of the land is designed for the protection of the public health,
safety, and general welfare.
The proposed architecture is consistent with the Architectural requirements as stated in
the Old Town Temecula Specific Plan. The proposed architecture is consistent with the
architectural styles found in California between 1890 and 1920. The architect has
created a building that employs many of the key elements found on buildings of the
required time period. The project has been reviewed for, and as conditioned, has been
found to be consistent with, all applicable policies, guidelines, standards and regulations
intended to ensure that the development will be constructed and function in a manner
consistent with the public health, safety and welfare.
ATTACHMENTS
1. Plan Reductions - Blue Page 6
2. PC Resolution No. 2005-_ - Blue Page 7
Exhibit A - Draft Conditions of Approval
G:\Planning\2005\PA05-0171 Dalton II DP-CUP\Planning\ST AFF REPORTdoc
5
ATTACHMENT NO.1
PLAN REDUCTIONS
G:\Planning\2005\PA05-0171 Dallon II DP-CUP\Planning\ST AFF REPORT.doc
6
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ATTACHMENT NO.2
PC RESOLUTION NO. 2005-_
G:\Planning\2005\PA05-0171 Dalton II DP-CUP\Planning\ST AFF REPORTdoc
7
PC RESOLUTION NO. 2005-_
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA05-0171, A CONDITIONAL USE PERMIT AND
DEVELOPMENT PLAN TO CONSTRUCT A MIXED-USE FOUR-
STORY RETAIL/RESIDENTIAL BUILDING WITH RETAIL ON
THE FIRST FLOOR AND A TOTAL OF 24 RESIDENTIAL
APARTMENT UNITS ON THE SECOND, THIRD, AND FOURTH
FLOORS. THE BUILDING TOTALS 25,274 SQUARE FEET ON
A 21,000 SQUARE FOOT LOT LOCATED AT 41925 5TH
STREET, GENERALLY LOCATED ON THE NORTH SIDE OF 5th
STREET, APPROXIMATELY 200 FEET WEST OF MERCEDES
STREET, KNOWN AS ASSESSOR PARCEL NOS. 922-024-012
AND 922-024-013.
WHEREAS, Michael McAuliffe, representing Interactive Design Corporation, filed
Planning Application No. PA05-0171 (Conditional Use Permit/Development Plan Application), in
a manner in accordance with the City of Temecula General Plan and Development Code;
WHEREAS, the Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission, at a regular meeting, considered the Application
on July 6, 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 in
opposition to this matter;
WHEREAS, at the conclusion of the Commission hearing and after due consideration of
the testimony, the Commission approved the Application subject to and based upon the findings
set forth hereunder;
WHEREAS, all legal preconditions to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby
incorporated by reference.
Section 2. Findinqs The Planning Commission, in approving the Application, hereby
makes the following findings as required by Sections 17.04.010.E (Conditional Use Permit) and
17.05.010.F (Development Plan) of the Temecula Municipal Code:
Conditional Use Permit (17.04.01 O.E)
A. The proposed conditional use is consistent with the General Plan and the Old
Town Temecula Specific Plan.
The proposal for a mixed use complex, with retail on the first floor and office uses on the
second floor is consistent with the land use designation and policies reflected for the
G:\Planning\2005\PAOS-OI71 Dalton II DP-CUP\Planning\Drafl PC Resolution & COAs.doc
1
Community Commercial (CC) land use designation within the City of Temecula's
General Plan, and the development standards of the Tourist Retail Core (TRC)
designation in the Old Town Temecula Specific Plan. The site is therefore properly
planned and zoned and found to be physically suitable for the type and density of the
proposed mixed use.
B. The proposed conditional use is compatible with the nature, condition and
development of adjacent uses, buildings and structures and the proposed conditional use will
not adversely affect the adjacent uses, buildings or structures.
,
. I
The proposed conditional use is compatible with adjacent land uses as defined in the
General Plan. Staff has reviewed the proposed mixed use project against the adjacent
land uses and has determined that the proposed uses will be a complimentary addition
to the area. The existing building to the east of the proposed use is a retail/office
building and the proposed use will be a complimentary addition.
C. The site for a proposed conditional use is adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping,
and other development features prescribed in the Old Town Temecula Specific Plan and
required by the Planning Commission or Council in order to integrate the use with other uses in
the neighborhood.
Staff has reviewed the proposed project against the Old Town Temecula Specific Plan
requirements for a mixed use project and has found that the project meets or exceeds all
of the requirements. The loading for the building will take place at the rear of the site not
visible from the public right of way. On site parking for the project is not required per the
Specific Plan, however, 18 parking spaces will be provided.
D. The nature of the proposed conditional use is not detrimental to the health, safety
and general welfare of the community.
Staff has reviewed the proposed mixed use, with entertainment, and found that it will not
be detrimental to the health, safety, or general welfare of the community. Fire
Prevention has reviewed circulation and drive aisle widths and has determined that the
site will able to be adequately served by the Fire Department in an emergency situation.
E. That the decision to approve, conditionally approve, or deny the application for a
conditional use permit be based on substantial evidence in view of the record as a whole before
the Director of Planning.
This application has been brought before the Planning Commission at a Public Hearing
where members of the public have had an opportunity to be heard on this matter before
the Planning Commission renders their decision.
Development Plan (17.05.010.F)
A. The proposed use is in conformance with the General Plan for Temecula and
with all applicable requirements of state law and other ordinances of the City.
The proposal is consistent with the land use designation and policies reflected for the
Community Commercial (CC) land use designation within the City of Temecula's
General Plan, and the development standards of the Tourist Retail Core (TRC)
G:\Planning\2005\PA05-0171 Dahon II DP-CUP\Planning\Draft PC Resolution & COAs.doc
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designation in the Old Town Temecula Specific Plan. The site is therefore properly
planned and zoned and found to be physically suitable for the type and density of the
proposed 25,274 square foot four-story retail/residential building.
B. The overall development of the land is designed for the protection of the public
health, safety, and general welfare.
The proposed architecture is consistent with the Architectural requirements as stated in
the Old Town Temecula Specific Plan. The proposed architecture is consistent with the
architectural styles found in California between 1890 and 1920. The architect has
created a building that employs many of the key elements found on buildings of the
required time period. The project has been reviewed for, and as conditioned, has been
found to be consistent with, all applicable policies, guidelines, standards and regulations
intended to ensure that the development will be constructed and function in a manner
consistent with the public health, safety and welfare.
Section 4. Environmental Compliance. The project will have no significant
environmental impacts and has been found to be categorically exempt pursuant to Section
15332 (In-Fill Development Project) of the California Environmental Quality Act Guidelines.
Section 5. Conditions. The City of Temecula Planning Commission hereby
conditionally approves the Application, a Conditional Use Permit and Development Plan to
construct a mixed-use four-story retail/residential building totaling 25,274 square feet on a
21,000 square foot lot located at 41925 5th Street (A.P.N. 922-024-012 and 922-024-013) with
conditions of approval as set forth on Exhibit A, attached hereto, and incorporated herein by this
reference as though set forth in full.
Section 6. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 6th day of July, 2005.
David Mathewson, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
G:\Planning\2005\PA05-0171 Dalton II DP-CUP\Planning\Draft PC Resolution & COAs.doc
]
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. 2005-_ was duly and regularly adopted by the Planning Commission
of the City of Temecula at a regular meeting thereof held on the 6th day of July, 2005, by the
following vote of the Commission:
AYES:
NOES:
ABSENT:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
G:\Planning\2005\PA05-0171 Dalton II DP-CUP\Planning\Draft PC Resolution & COAs.doc
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.
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
G:\Planning\2005\PA05-0171 Dalton II DP-CUP\Planning\Draft PC Resolution & COAs.doc
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EXHIBIT A
CITY OF TEMECULA
,
DRAFT CONDITIONS OF APPROVAL
Planning Application No. PA05-0171
(Conditional Use Permit/Development Plan)
Project Description:
A Conditional Use Permit and Development Plan to
construct a four-story office building with a retail
portion on the first floor and a total of 24 residential
apartment units on the second, third, and fourth floors.
The building totals 25,274 square feet on a 21,000
square foot lot located at 41925 5th Street, generally
located on the north side of 5th Street, approximately
200 feet west of Mercedes Street.
MSHCP Category:
DIF Category:
TUMP Category:
Retail Commercial/Residential (Greater than 14.1 DU)
Retail Commercial/Residential - Attached
Retail Commercial/Residential - Multi-Family
Assessor's Parcel No.:
922-024-012 and 922-024-013
Expiration Date:
July 6, 2005
July 6, 2007
Approval Date:
WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
1. The applicant shall deliver to the Planning Department a cashier's check or money order
made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the
County administrative fee, to enable the City to file the Notice of Exemption required
under Public Resources Code Section 21108(b) and California Code of Regulations
Section 15075. If within said forty-eight (48) hour period the applicant has not delivered
to the Planning Department the check as required above, the approval for the project
granted shall be void by reason of failure of condition [Fish and Game Code Section
711.4(c)].
G:\Planning\2005\PA05-0171 Dalton II DP-CUP\Planning\Draft PC Resolution & COAs.doc
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GENERAL REQUIREMENTS
G:\Planning\2005\PA05-017! Dalton II DP-CUP\Planning\Drafr PC Resolution & COAs.doc
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Planning Department
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. Final approval of this development plan is contingent upon City Council approval of the
proposed building height of 59.0 feet and four stories.
4. The permittee shall obtain City approval for any modifications or revisions to the
approval of this development plan.
5. This approval shall be used within two (2) years of the approval date; otherwise, it shall
become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the two (2) year period, which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval.
6. The Director of Planning may, upon an application being filed within thirty days prior to
expiration, and for good cause, grant a time extension of up to three one-year
extensions of time, one year at a time.
7. A separate building permit shall be required for all signage.
8. The development of the premises shall substantially conform to the approved site plan
and elevations contained on file with the Planning Department.
9. 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.
10. All mechanical and roof equipment shall be fully screened from public view by being
placed below the surrounding parapet wall.
11. Trash enclosures shall be provided to house all trash receptacles utilized on the site.
12. All downspouts shall be internalized.
G:\Planning\2005\PA05-0171 Dalton II DP-CUP\Planning\Draft PC Resolution & COAs.uoc
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13. 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.
14. Lighting shall be consistent with Ordinance No. 655 for the regulation of light pollution.
15. A separate permit shall be required for any window awnings.
16. All conditions shall be complied with prior to any occupancy or use allowed by this
Development Plan.
Public Works Department
17. A Grading Permit for precise grading, including all on-site flat work and improvements,
shall be obtained from the Department of Public Works prior to commencement of any
construction outside of the City-maintained street right-of-way.
18. 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.
19. All improvement plans 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.
20. The Developer shall construct public improvements in conformance with applicable City
Standards and subject to approval by the Director of the Department of Public Works.
a. Street improvements, which may include, but not limited to: rolled curb and
gutter, sidewalk, storm drain facilities and sewer and domestic water systems
Building Department
21. All design components shall comply with applicable provisions of the 2001 edition of the
California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code;
California Administrative Code, Title 24 Energy Code, California Title 24 Disabled
Access Regulations, and the Temecula Municipal Code.
22. The City of Temecula has adopted an ordinance to collect fees for a Riverside County
area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this
ordinance on March 31, 2003, this project will be subject to payment of these fees at the
time of building permit issuance. The fees shall be subject to the provisions of
Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance.
23. Submit at time of plan review, a complete exterior site lighting plans showing compliance
with Ordinance No. 655 for the regulation of light pollution. All street-lights and other
outdoor lighting shall be shown on electrical plans submitted to the Department of
Building and Safety. Any outside lighting shall be hooded and directed so as not to
shine directly upon adjoining property or public rights-of-way.
24. A receipt or clearance letter from the Temecula Valley School District shall be submitted
to the Building & Safety Department to ensure the payment or exemption from School
Mitigation Fees.
G:\Planning\2005\PA05~OI71 Dalton II DP-CUP\Planning\Draft PC Resolution & COAs.doc
9
25. Obtain all building plans and permit approvals prior to commencement of any
construction work.
26. Show all building setbacks.
27. Provide house electrical meter provisions for power for the operation of exterior lighting,
fire alarm systems.
28. All building and facilities must comply with applicable disabled access regulations.
Provide all details on plans. (California Disabled Access Regulations effective April
1,1998)
29. Provide disabled access from the public way to the main entrance of the building.
30. Provide van accessible parking located as close as possible to the main entry.
31. Trash enclosures, patio covers, light standards, and any block walls if not on the
approved building plans, will require separate approvals and permits.
32. Signage shall be posted conspicuously at the entrance to the project that indicates the
hours of construction, shown below, as allowed by the City of Temecula Ordinance No.
94-21, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site
within one-quarter mile of an occupied residence.
Monday-Friday 6:30 a.m. - 6:30 p.m.
Saturday 7:00 a.m. - 6:30 p.m.
No work is permitted on Sundays or Government Holidays
Fire Department
33. 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.
34. 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)
35. All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid
entry system for emergency access by fire fighting personnel. (CFC 902.4)
36. If there are changes to underlying maps then prior to map recordation the applicant shall
submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County
standards) digital version of the map including parcel and street centerline information.
The electronic file will be provided in an ESRI Arclnfo/ArcView compatible format and
projected in a State Plane NAD 83 (California Zone VI) coordinate system. The Bureau
must accept the data as to completeness, accuracy and format prior to satisfaction of
this condition.
G:\P]anning\2005\PA05~O[71 Dalton [I DP-CUP\Planning\Draft PC Resolution & COAs_doc
10
Community Services Department
37. This developer shall accommodate a recycling bin, as well as, a regular solid waste
container.
38. The developer shall contact the City's franchised solid waste hauler for disposal of
construction debris. Only the City's franchisee may haul construction debris.
39. The developer shall comply with the Public Art Ordinance.
40. All landscaping, fencing and on-site lighting shall be maintained by the property owner or
private maintenance association.
G:\Planning\2005\PA05-0171 Dalton II DP-CUP\Planning\Draft PC Resolution & COAs.doc
11
PRIOR TO ISSUANCE OF GRADING PERMITS
G:\Planning\2005\PA05-0171 Dalton II DP-CUP\Planning\Draft PC Resolution & COAs.doc
12
Planning Department
41. Provide the Planning Department with a copy of the underground water plans and
electrical plans for verification of proper placement of transformer(s) and double detector
check prior to final agreement with the utility companies.
42. The applicant shall submit a parking lot lighting plan to the Planning Department, which
meets the requirements of the Development Code and the Palomar Lighting Ordinance.
The parking lot light standards shall be placed in such a way as to not adversely impact
the growth potential of the parking lot trees.
43. A copy of the Grading Plan shall be submitted and approved by the Planning
Department.
44. 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.
45. The following shall be included in the Notes Section of the Grading Plan: "If at any time
during excavation/construction of the site, archaeological/cultural resources, or any
artifacts or other objects which reasonably appears to be evidence of cultural or
archaeological resource are discovered, the property owner shall immediately advise the
City of such and the City shall cause all further excavation or other disturbance of the
affected area to immediately cease. The Director of Planning at his/her sole discretion
may require the property to deposit a sum of money it deems reasonably necessary to
allow the City to consult and/or authorize an independent, fully qualified specialist to
inspect the site at no cost to the City, in order to assess the significance of the find.
Upon determining that the determination is not an archaeological/cultural resource, the
Director of Planning shall notify the property owner of such determination and shall
authorize the resumption of work. Upon determining that the discovery is an
archaeological/cultural resource, the Director of Planning shall notify the property owner
that no further excavation or development may take place until a mitigation plan or other
corrective measures have been approved by the Director of Planning."
Public Works Department
46. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed
and approved by the Department of Public Works. The grading plan shall include all
necessary erosion control measures needed to adequately protect adjacent public and
private property.
47. 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.
48. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to
the Director of the Department of Public Works with the initial grading plan check. The
report shall address all soils conditions of the site, and provide recommendations for the
construction of engineered structures and pavement sections.
G:\Planning\2005\PA05-0171 Dalton II DP-CUP\Planning\Draft PC Resolution & COAs.doc
1]
49. A Geological Report shall be prepared by a qualified engineer or geologist and
submitted to the Department of Public Works with the initial grading plan check. The
report shall address special study zones and the geological conditions of the site, and
shall provide recommendations to mitigate the impact of ground shaking and
liquefaction.
50. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in
accordance with City Standards identifying storm water runoff expected from this site
and upstream of this site. The study shall identify all existing or proposed public or
private drainage facilities intended to discharge this runoff. The study shall also analyze
and identify impacts to downstream properties and provide specific recommendations to
protect the properties and mitigate any impacts. Any upgrading or upsizing of
downstream facilities, including acquisition of drainage or access easements necessary
to make required improvements, shall be provided by the Developer.
51. The Developer must comply with the requirements of the National Pollutant Discharge
Elimination System (NPDES) permit from the State Water Resources Control Board. No
grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the
project is shown to be exempt.
52. As deemed necessary by the Director of the Department of Public Works, the Developer
shall receive written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Planning Department
c. Department of Public Works
d. Temecula Fire Prevention Bureau
e. Department of Building and Safety
53. The Developer shall obtain any necessary letters of approval or slope easements for off-
site work performed on adjacent properties as directed by the Department of Public
Works.
54. A flood mitigation charge shall be paid. The Area Drainage Pian fee is payable to the
Riverside County Flood Control and Water Conservation District by either cashier's
check or money order, prior to issuance of permits, based on the prevailing area
drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already
been credited to this property, no new charge needs to be paid.
55. The site is in an area identified on the Flood Insurance Rate Map as Flood Zone AE.
This project shall comply with Chapter 15, Section 15.12 of the City Municipal Code,
which may include obtaining a Letter of Map Revision from FEMA. A Flood Plain
Development Permit shall be submitted to the Department of Public Works for review
and approval.
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14
PRIOR TO ISSUANCE OF A BUILDING PERMIT
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i
Planning Department
56. A Consistency Check fee shall be paid per the City of Temecula Fee Schedule.
57. The applicant shall submit a comprehensive sign program for review and approval by the
Planning Director. All signage shall comply with the approved sign program.
58. Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and
approved by the Planning Department. These plans shall conform to the approved
conceptual landscape plan, or as amended by these conditions. The location, number,
genus, species, and container size of the plants shall be shown. The plans shall be
consistent with the Water Efficient Ordinance. The plans shall be accompanied by the
following items:
a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of
submittal).
b. Provide an agronomic soils report with the construction landscape plans.
c. One (1) copy of the approved grading plan.
d. Water usage calculations per Chapter 17.32 of the Development Code (Water
Efficient Ordinance).
e. Total cost estimate of plantings and irrigation (in accordance with approved plan).
f. A landscape maintenance program shall be submitted for approval, which details
the proper maintenance of all proposed plant materials to assure proper growth
and landscape development for the long-term esthetics of the property. The
approved maintenance program shall be provided to the landscape maintenance
contractor who shall be responsible to carry out the detailed program.
59. All utilities and light poles shall be shown and labeled on the landscape plans and
appropriate screening shall be provided. Group utilities together in order to reduce
intrusion.
60. An appropriate method for screening the gas meters and other externally mounted utility
equipment shall be reviewed and approved by the Planning Department.
61. The Planning Director shall approve the Construction Landscaping and Irrigation Plans.
62. The building construction plans shall include details for all trash enclosures for the
project, which shall consist of masonry walls and metal or wood doors, a trellis structure
over the top of the enclosure, a concrete floor and a concrete stress pad to reduce
pavement damage from disposal trucks.
Public Works Department
63. Improvement plans and/or precise grading plans shall conform to applicable City of
Temecula Standards for Old Town subject to approval by the Director of the Department
of Public Works. The following design criteria shall be observed:
a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over
A.C. paving.
G:\Planning\2005\PA05-0171 Dalton II DP-CUP\Planning\Draft PC Resolution & COAs,doc
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'.
b. Street lights shall be installed along the public streets adjoining the site in
accordance with City Standard No. 800.
c. Concrete sidewalks and ramps shall be constructed along public street frontages
in accordance with City of Temecula Standard No. 400.
d. Improvement plans shall extend 300 feet beyond the project boundaries.
e. All street and driveway centerline intersections shall be at 90 degrees.
f. Public Street improvement plans shall include plan and profile showing existing
topography, utilities, proposed centerline, top of curb and flowline grades.
g. Landscaping shall be limited in the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility.
64. The Developer shall construct the following public improvements to City of Temecula
General Plan standards unless otherwise noted. Plans shall be reviewed and approved
by the Director of the Department of Public Works:
a. Improve Fifth Street (Local Road Standards for Old Town - 60' RNV) to include
installation of half-width street improvements plus twelve feet, paving, rolled curb
and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities
(including but not limited to water and sewer).
65. All street improvement design shall provide adequate right-of-way and pavement
transitions per Caltrans' standards for transition to existing street sections.
66. A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic
Engineer and reviewed by the Director of the Department of Public Works for any street
closure and detour or other disruption to traffic circulation as required by the Department
of Public Works.
67. A Signing and Striping Plan shall be designed by a registered Civil Engineer and
approved by the Department of Public Works.
68. The building pad shall be certified to have been substantially constructed in accordance
with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil
Engineer shall issue a Final Soil Report addressing compaction and site conditions.
69. The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and
all Resolutions implementing Chapter 15.06.
70. The Developer shall pay to the City the Western Riverside County Transportation
Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with,
Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing
Chapter 15.08.
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Building Department
Prior to Submittinq for Plan Review
71. Obtain street addressing for all proposed buildings prior to subrnittal for plan
review.
At Plan Review Submittal
72. A sound transmission control study shall be prepared and submitted at time of
plan review in accordance with the provisions of Appendix Chapter 12, Section
1208A, of the 2001 edition of the California Building Code.
73. Restroom fixtures, nurnber and type, to be in accordance with the provisions of
the 2001 edition of the California Building Code Appendix 29.
74. Provide electrical plan including load calculations and panel schedule, plurnbing
schematic and mechanical plan applicable to scope of work for plan review.
75. Truss calculations that are stamped by the engineer of record and the truss
manufacturer engineer are required for plan review submittal.
76. Provide precise grading plan at plan check submittal to check accessibility for
persons with disabilities.
Prior to Permit Issuance
77. Provide appropriate stamp of a registered professional with original signature on
plans prior to permit issuance.
Prior to First Requested Buildinq Inspection
78. A pre-construction meeting is required with the building inspector prior to the start of the
building construction.
Fire Department
79. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The
developer shall provide for this project, a water system capable of delivering 1500 GPM
at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM
for a total fire flow of 2350 GPM 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) With NO ONSITE HYDRANTS only 850 of the required fire flow is
onsite and must be delivered through the DDC.
80. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III-B, Table A-III-B-1. A minimum of 1 hydrant, in a combination of on-site and
G:\Planning\2005\PA05-0171 Dallon II DP-CUP\Planning\Drafl PC Resolution & COAs.doc
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off-site (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 250 feet apart, at each intersection
and shall be located no more than 500 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)
81. As required by the California Fire Code, when any portion of the facility is in excess of
150 feet from a water supply on a public street, as measured by an approved route
around the exterior of the facility, on-site fire hydrants and mains capable of supplying
the required fire flow shall be provided. For this project on site fire hydrants ARE
NOT required. (CFC 903.2)
82. Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13)
feet six (6) inches. (CFC 902.2.2.1)
83. 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)
Community Services Department
84. The developer shall satisfy the City's park land dedication (Quimby) requirement through
the payment of in-lieu fees equivalent to .29 acres of park land, based upon the City's
then current land evaluation.
85. The developer shall pay the Residential DIF for the residential units.
86. Prior to the issuance of the building permit or the installation of additional street lighting
which ever occurs first, the developer shall complete the TCSD application process,
submit an approved Edison Streetlight Plan and pay the appropriate energy fees related
to the transfer of street lighting into the TCSD maintenance program.
87. The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction debris
G:\Planning\2005\PA05-0171 Dalton II DP-CUP\Planning\Draft PC Resolution & COAs.doc
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PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY
THIS PERMIT
G:\Planning\2005\PA05-0171 Dalton II DP~CUP\P]anning\Draf1 PC Resolution & COAs.doc
20
Planning Department
88. Prior to the release of power, occupancy, or any use allowed by this permit, the applicant
shall be required to screen all loading areas and roof mounted mechanical equipment
from view of public right-of-ways. If upon final inspection it is determined that any
mechanical equipment, roof equipment or backs of building parapet walls are visible
from any portion of the public right-of-way adjacent to the project site, the developer
shall provide screening, subject to review and approval by the Director of Planning.
89. All required landscape planting and irrigation shall have been installed consistent with
the approved construction plans and shall be in a condition acceptable to the Director of
Planning. The plants shall be healthy and free of weeds, disease, or pests. The
irrigation system shall be properly constructed and in good working order.
90. Performance securities, in amounts to be determined by the Director of Planning, to
guarantee the maintenance of the plantings in accordance with the approved
construction landscape and irrigation plan shall be filed with the Planning Department for
a period of one year from final certificate of occupancy. 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 upon request by the applicant.
91. Each parking space reserved for the handicapped shall be identified by a permanently
affixed reflectorized sign constructed of porcelain on steel, beaded text or equal,
displaying the International Symbol of Accessibility. The sign shall not be smaller than
70 square inches in area and shall be centered at the interior end of the parking space at
a minimum height of 80 inches from the bottom of the sign to the parking space finished
grade, or centered at a minimum height of 36 inches from the parking space finished
grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each
entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly
and conspicuously stating the following:
"Unauthorized vehicles parked in designated accessible spaces not displaying
distinguishing placards or license plates issued for persons with disabilities may be
towed away at owner's expense. Towed vehicles may be reclaimed by telephoning 951
696-3000."
92. In addition to the above requirements, the surface of each parking place shall have a
surface identification sign duplicating the Symbol of Accessibility in blue paint of at least
3 square feet in size.
93. All site improvements including but not limited to parking areas and striping shall be
installed prior to occupancy or any use allowed by this permit.
94. All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this permit.
Public Works Department
95. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
G:\Planning\2005\PA05-0171 Dalton II DP~CUP\P]anning\Draft PC Resolution & COAs,doc
21
a. Rancho California Water District
b. Eastern Municipal Water District
c. Department of Public Works
96. Corner property line cut off shall be required per Riverside County Standard No. 805.
97. All public improvements shall be constructed and completed per the approved plans and
City standards to the satisfaction of the Director of the Department of Public Works,
98. The existing improvements shall be reviewed. Any appurtenance damaged or broken
shall be repaired or removed and replaced to the satisfaction of the Director of the
Department of Public Works.
Fire Department
99. 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)
100. 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)
101. Prior to issuance of a Certificate of Occupancy or building final, approved numbers or
addresses shall be provided on all new and existing buildings in such a position as to be
plainly visible and legible from the street or road fronting the property. Numbers shall be
of a contrasting color to their background. Commercial, multi-family residential and
industrial buildings shall have a minimum twelve (12) inches numbers with suite
numbers a minimum of six (6) inches in size. All suites shall have a minimum of six (6)
inch high letters and/or numbers on both the front and rear doors. Single family
residences and multi-family residential units shall have four (4) inch letters and lor
numbers, ,as approved by the Fire Prevention Bureau. (CFC 901.4.4)
102. Prior to issuance of Certificate of Occupancy or building final, based on square footage
and type of construction, occupancy or use, the developer shall install a fire sprinkler
system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for
approval prior to installation. (CFC Article 10, CBC Chapter 9)
103. Prior to issuance of Certificate of Occupancy or building final, based on a requirement
for monitoring the sprinkler system, occupancy or use, the developer shall install an fire
alarm system monitored by an approved Underwriters Laboratory listed central station.
Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation.
(CFC Article 10)
104. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall
be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be
located to the right side of the fire sprinkler riser door. (CFC 902.4)
G:\Planning\2005\PA05-0171 Dalton II DP-CUP\Planning\Draft PC Resolution & COAs.doc
22
105. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire
Department for approval, a site plan designating Fire Lanes with appropriate lane
painting and or signs.
106. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a
simple floor plan, each as an electronic file of the .DWG format must be submitted to the
Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire
prevention for approval.
G:\Planning\2005\PA05-0171 Dahon II DP-CUP\Planning\Draft PC Resolution & COAs.doc
23
OUTSIDE AGENCIES
G:\Planning\2005\PA05-0171 Dalton II DP-CUP\Planning\Draft PC Resolution & COAs,doc
24
107. The applicant shall comply with the attached letter dated June 13, 2005, from Rancho
Water.
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
G:\Planning\2005\PA05-0 171 Dalton II DP-CUP\Planning\Draft PC Resolution & COAs.doc
25
ITEM 6
APPROVAL ?dJ
CITY ATTORNEY ~~
DIRECTOR OF FINAN~
CITY MANAGER ~
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City Council
#William G. Hughes, Director of Public Works/City Engineer
July 12, 2005
DATE:
SUBJECT:
Professional Services Agreement - RBF Consulting
Amendment 1 - Optional Tasks 17, 18, and 19
1-15/ State Route 79 South Ultimate Interchange - Project No. PW04-08
PREPARED BY:
Amer Attar, Principal Engineer - Capital Projects
Avlin R. Odviar, Associate Engineer - Capital Projects
RECOMMENDATION: That the City Council approve the First Amendment to the agreement with
RBF Consulting in an amount not to exceed $98,196.00 to conduct additional environmental analyses,
alternative geometric design, and supplemental traffic analyses for the 1-15/ State Route 79 South
Ultimate Interchange, Project No. PW04-08, and authorize the Mayor to execute the amendment.
BACKGROUND: On February 22, 2005 the City Council approved an agreement with RBF
Consulting (RBF) of Irvine, California to prepare the Project Report and Environmental Document for
the 1-15/ State Route 79 South Ultimate Interchange, Project No. PW04-08, for $325,944.00. At that
time, RBF and City staff defined the base work program and identified several potential work tasks,
shown as "optional tasks" in Exhibits A and B of the agreement.
We have determined that additional environmental analyses, alternative geometric design, and
supplemental traffic analyses as defined by Optional Tasks 17, 18, and 19 are required for the
successful and timely completion of the Project Report.
Attached is the First Amendment to the agreement which adds the optional tasks for an amount not to
exceed $98,196.00, bringing the total contract amount to $424,140.00. All other terms and conditions
of the agreement are to remain in effect.
FISCAL IMPACT: This project is identified in the City's Capital Improvement Program, Fiscal Years ,
2006-2010. Several funding sources are identified including Capital Project Reserves, Community
Facilities District - Crowne Hill, and Morgan Hill, County, and T ASIN. Adequate funds are available in I
the project design account no. 210-165-662-5802 to finance the amendment, base contract, and
contingency amounts of $98,196.00, $325,944.00, and $32,594.40 respectively, for a total cost of
$456,734.40.
ATTACHMENT:
First Amendment to Agreement
R:\AGENDA REPQRTS\2005\071205\PW04-0B R8F PA&ED AGMT AMEND 1.DGe
FIRST AMENDMENT TO AGREEMENT
BETWEEN CITY OF TEMECULA AND
RBF CONSULTING
1-15/SR 795 ULTIMATE INTERCHANGE
PROJECT NO. PW04-08
THIS FIRST AMENDMENT is made and entered into as of July 12, 2005, by and
between the City of Temecula, a municipal corporation ("City") and RBF Consulting
("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 February 22, 2005 the City and Consultant entered into that certain
agreement entitled Agreement For Professional Consultant Services, 1-15/SR 795 Ultimate
Interchange, Project No. PW04-Q8 ("Agreement") in the amount of $325,944.00.
B. The parties now desire to increase the payment for services in the
amount of $98,196.00 and amend the Agreement as set forth in this Amendment.
2. Section 5 Payment of the Agreement is hereby amended to read as follows:
a. The City agrees to pay Consultant monthly, in accordance with the payment
rates and schedules and terms set forth in Exhibit B for services described in
Exhibit A, attached hereto and incorporated herein by this reference as though
set forth in full. The first amendment amount shall not exceed Ninety-eight
Thousand One Hundred Ninety-six Dollars and No Cents ($98,196.00) for
Optional Task 17 Joint CEQAlNEPA Environmental Documentation and
Additional Biological Tasks, et. al., Optional Task 18 Alternative Geometric
Design, and Optional Task 19 Supplemental Traffic Analysis for a total
contract amount, of Four Hundred Twenty-four Thousand One Hundred Forty
Dollars and No Cents ($424,140.00).
3. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
1
R:\CIP<J>ROJECTSlPW04\PN04-OSl-15 79 SoIM PR\RBFlAGREEMENnRBF AGREEMENT AMEND1.doe
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
BY:
Jeff Comerchero, Mayor
ATTEST:
BY:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
BY:
Peter M. Thorson, City Attorney
CONSULTANT
RBF Consulting
P.O. Box 57057
Irvine, CA 92619-7057
(949) 472-3505
BY:
NAME:
TITLE: President
BY: ~#1~
NAME: Garv L. Warkentin
TITLE: Vice President
(Two Signatures Required For Corporations)
2
R:\CIP\PROJECTS\PW04\PW04-081-15 79 Sol.th PR\RBflAGREEMENl\RBF AGREEMENT AMEND1.doc
EXHIBIT A
TASKS TO BE PERFORMED
PLANNING AND ENGINEERING SERVICES
1.15/SR 79S ULTIMATE INTERCHANGE
PROJECT NO. PW04.QS
9
. .
CONSULTING
January 28, 2005
IN 10-103779
(Revised)
Mr. Avlin Odviar, P.E.
City of Temecula
Capital Projects
43200 Business Park Drive
Temecula, CA 92589
RECEIVED
JAN 3 1 2005
Subject:
1.151SR.79 South Interchange
PA& ED Proposal
CITY OFTEMECULA
PUBLIC WORKS DEPARTMENT
Dear Avlin:
In accordance with your request, RBF Consulting (RBF) is pleased to submit our contract proposal to
provide planning and engineering services for improvements to the 1-15/SR-79 South Interchange in
the City of Temecula.
Project Understanding
Since the project will result in a modification of access on an Interstate facility, it will require
preparation of a Modified Access Report and FHWA finding of acceptability, Project Report and
Environmental Document. The project will be required to address the requirements of the
National Environmental Policy Act (NEPA) and the California Environmental Quality Act
(CEQA). Based upon our understanding of the proposed project, current NEPA/CEQA
regulations, and significant experience with District 08, RBF anticipates that the appropriate
"class-of-action" or level of environmental documentation will be a Categorical Exclusion (CE)
with Technical Studies for NEPA and an Initial Study (IS) leading to a Mitigated Negative
Declaration (MND) for CEQA. Caltrans, as the Lead Agency for CEQA and NEPA will confirm
this understanding. A Project Fact Sheet and Project Charter will be prepared to document an
agreement between Caltrans and the City on the purpose and features of the project. Our
proposed work program will also include a project Risk Management Plan and Communication
Plan.
The scale of the project, as well as its geographical location, requires consideration of
environmental, planning, and development criteria. Careful consideration is necessary to
properly consider area resources arid compatibility of the project with the surrounding
community.
Project Approach
The Project Report will update traffic projections and analysis for the year 2030, which assumes
that the interChange improvements will be constructed by the year 2010. The proposed
Altemative 5 concept plan included in the approved PSR will be reassessed based upon traffic
projections for the year 2030.
PLANNING . DESIGN . CDNSTRUCTIDN
14725 Alton Par1<way, Irvine, CA 92618-2027 . P.O. Box 57057, Irvine, CA 92619.7057 . 949.472.3505 . Fax 949.472.8373
Offices located throughout California, Arizona 131 Nevada _ 'vVWW.ABF.com
The recommended altemative to be analyzed In the Project Report and Environmental
Documenlwill be refined to reflect updated lraffic.projeclions, current development conditions,
and 1-15 mainline Improvements that are proposed in a PSR currently being prepared by
Callrans.
A key factor In the NEPA clearance will be consistency and compliance with the Callfomia
Department of Transportation (Caltrans) Local Ass/stance Procedures Manual, Chapter 6. and
Env/ronmental Procedures. An Important consideration is to ensure that the key players are
well coordinated and kept infonned regarding issues status, resolution and schedule progress.
RBF will lead the Project Team's effort and interface with agencies and other interested parties
to facilitate project delivery.
SCOPE.QF.WORK
A key element In the successful completion of any federally funded project is the early
identification of the required technical design and environmental studies to support the Project
Report and recommended environmental document. Based on similar project experience,
including experience with Caltrans District 08. RBF has developed the following technical study
approach to effectively identify engineering and environmental constraints and avoid delays In
the overall project schedule. Each of the studies indicated below will evaluate the project as
proposed to allow decision makers the opportunity to make an educated and infonned decision
in approving the project. Please note that the biological and cultural resources evaluation
assumes a "typical" area of impact for the analysis. Caltrans and Federal Highway
Administration (FHWA) may require a larger area of Impact to be addressed within the studies,
which can Include the adjoining undeveloped properties potentially served by the project.
WORK PROGRAM
The following is an outline of the specific tasks that are included In this Contract Proposal. as we
have defined the Work Program in response to your request.
1.0 Existing Data Research and Investigation
Existing data will be researched, obtained and input Into the project's CADD database as
appropriate. Included are:
Existing Right-of-Way Maps and Parcels Ownership Data. Necessary right-of-way maps will
be obtained from the County, Caltrans and City of Temecula. Property ownership from
assessor records, assessor parcels numbers and parcel size will be researched. The right-of-
way data will be graphically plotted onto the base maps. The area will be limited to parcels with
. potential right-of-way acquisitions.
As.Bullt Mapping. As-built maps of the freeway and adjOining roadways will be obtained from
Caltrans and City of Temecula.
Utility Information. Contacts with all utility agencies/owners having facilities within the project
area will be made by the City of Temecula. Utilities, which may impact the project, will be
plotted on the base plans. Planned utility improvements will be ascertained. The base maps
will be forwarded to each utility agency/owner for review, correction and certification of
correctness. The utility research will be isolated to areas likely to be affected by the proposed
interchange improvements.
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Field Review. This task will Include a reconnaissance of the existing conditions as they relate
to the as-built and existing aerial mapping. . Discrepancies will be noted and where possible,
dispositloned. Photographs from the field reconnaissance will be assembled.
Review Related/Adjacent Studies. A review of project history files, previous and adjacent
studies will be conducted to gather any background Infonnation available. This infonnation will
provide additional Identification of potential projects Issues and will be incorporated, as
appropriate, Into the Project Report.
2.0 Aerial Topographic Mapping
Meet with Caltrans District 8 to verify local Caltrans mapping requirements. Subsequent to
District 8 approval, RBF will prepare new topographic mapping from aerial photogrammetry for
the project area. Mapping will meet the requirements in .ASPRS Accuracy Standards for Large
Scale Maps., dated March 31; 1993 the .Speclficatlons for Aerial Surveys and Mapping by
Photogrammetrlc Methods for Highways., prepared by the Photogrammetry for Highways
committee of the American Society of Photogrammetry, for the United States Department of
Transportation, Federal Highway Administration, 1968 as contained In Appendix C of Chapter
13, Caltrans Survey Manual, and will be provided in Microstation and AUTO CAD fonnat, In
compliance with Caltrans CADD standards and specifications, including a digital terrain model
(DTM). Mapping will be complied at a scale of 1 :500 with one half meter Interval contours.
Deliverable. products will include one set of black and white contact prints, ground control
coordinates, topographic map files, and one set of check prints on vellum.
3.0 Traffic Forecasts and Operational Analysis
An analysis of freeway mainline, ramps and ramp intersection operations will be conducted
utilizing existing and design year traffic volumes for the year 2030 provided by the City. This
analysis will be completed utilizing the HCM method and Syncro to analyze the proposed
system of coordinated signalized intersections.
4.0 Modified Access Report
Prepare and process a Modified Access Report (MAR) for FHWA acceptability finding in
accordance with Caltrans and FHW A criteria. The MAR will address:
· Purpose
.,. ,Relationship to Other Highway Plans
.. Adjoining Communities
· Description of Access
· Proposed Project
· Impact on Adjacent InterChanges
· ' Alternatives Considered
, · Interchange Design
· Traffic Volumes
· Local Street Network'
· Traffic/Operational Analysis
3
5.0 Storm Water Data Report
In accordance with the Project Planning and Design Guide dated September 2002, a Storm
Water Data Report (SWDR) will be prepared for this project. Spedflc objectives of the SWDR
Inctude:
· Define storm water quality Issues and pollutants of concem
· Form the Project Development Team (PDT), Including the District/Regional National
Pollutant Discharge EllminatJon System (NPDES) Storm Water Coordinator
· Evaluate potential storm water Impact
· Develop a list of potentially feasible permanent storm water Design Pollution and
Treatment BMPs to be evaluated during later phases of project design
· Develop the preliminary costs for BMPs and the associated right-of-way costs for
Incorporating BMPs
· Discuss the project with the Regional Water Quality Control Board (RWQCB) and local
agendes, If advised by the District/Regional NPDES Storm Water Coordinator or
requested by the RWQCB
· Program the project construction costs. costs for right-of-way associated with
constructJon, and storm water quality related costs
· Perform and document in the field review and research of other projects in the same
general area
The SWDR will be signed by the Project Engineer, the DistrictlRegional Design Storm Water
Coordinator, the designated Landscape Representative, the designated Maintenance
RepresentatJve, and approved by the Project Manager to verify that storm water quality design
issues have been addressed, and the data is complete, current, and accurate. Storm water
information will be provided for inclusion in Caltrans Storm Water Database.
6.0 Geometric Approval DraWings
Geometric Approval Drawings (GAD) will be prepared for the preferred project alternative at a
metric scale of 1 :500. Plan, profile, and superelevation drawings and diagrams and will be
prepared for new freeway ramps and revised City streets.
The designs will include geometric descriptions, such as centeriine bearing and radii; vertical
grades and alignment; cut and fill slopes; and existing and proposed right-of-way lines. The
drawing will provide sufficient detail to allow identification of impacts on the surrounding
environment and to support the development of a preliminary cost estimate.
Typical road and ramp sections showing lane widths, shoulder widths, median' widths and
slopes will also be shown. Available as-built drawings and other hydrology data will be
reviewed to determine the impact to existing' drainage facilitJes and identify conceptual drainage
facility improvement locations. Design files will be provided in Microstation and AUTOCAD
format. '
7.0 Advance Planning Study
The Advance Planning Study prepared for the southbound 1-15 exit ramp will be updated.
Careful consideration will be given to span lengths, structure depths, column 'locations,
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approach slabs, falsework requirements, and other controls. To ensure that traffic handling Is
given proper consideration In the early design stages, traffic handling and falsework
assumptions will be identified Including falsework openings during construction. A Preliminary
Foundallon and Preliminary Materials Report will be prepared as part of this task for foundation
and pavement structural secllon requirements.
The Advance Planning Study will achieve the following objectives:
· Define the scope of structure work In the Project.
· Provide the structure depth for setting profile grade lines.
· Establish the best cost estimate available at this lime.
· Provide an early opportunity for the Office of Structure Design to assist In Project
conceptualization.
· Familiarize the Office of Structure Design with projects In the upcoming work load and is
used to update the Bridge status.
· Describe and document the design assumptions used in the early concept of the
structure.
The choice of structure will be based on criteria covered in Bridge Design Aids, Section 10. The
Advance Planning Study will be prepared at a metric scale of 1 :500 and will include the
following Information:
· Structure length, width and type
· Span lengths
· Structure depth
· Railing, including temporary K-rail
· Column locations and type of fooling support
· Falsework (indicate If this is a control)
· Vertical clearance
· Aesthellc requirements which affect cost of structure
· Roadway widths
· Location and slopes of cuts or fills
· Slope paving
· Approximate existing ground line
· North arrow
8.0 Preliminary Drainage Study
Based on Caltrans, City of Temecula and Riverside County standards, a conceptual drainage
review will be .conducted. Conceptual design of schematic system layouts for the project area
including freeway systems, local street drains and the regional flood control facilities will be
prepared. New systems or upgraded system requirements will be estimated.
9.0 Draft Project Report
Prepare a Draft Project Report (PR) based upon the guidelines contained in the current
Caltrans' Project Development Procedures Manual.
5
· 1:500 metric seale drawings, Including plan and profile of the project proposal and any
altematives under consideration.
· A discussion of cooperative features, Including the financial aspects of the project.
· Preliminary Cost Estimate
The Draft PR will address the following additional topics:
· Impacts of the project on motorized transportation and pedestrians.
· Impacts of the project on oversized loads.
· Impacts of the project on navigable waters.
· Impacts of the project on wetlands and floodplain.
· Permitting that will be required. '
· Interim features that may change with future projects.
· Disposition of existing facilities.
· Summary of right-of-way impacts studies.
· . Summary of railroad and utility studies.
· Conservation of energy and other renewable resources.
· Prolonged temporary access modifications.
· Hazardous wastes and materials.
· Traffic management plans
. Draft Cooperative Agreement.
10.0 Fact Sheet
Exceptions to design standards will be prepared detailing all nonstandard design elements.
These will be prepared in close coordination with and reviewed by Caltrans. Revisions will be
made as appropriate and the final design exceptions documentation will be prepared.
11.0 Technical Environmental Analysis
Based upon RBF's current project understanding the following technical studies shall be
completed following Caltrans/FHWA environmental procedures: Air Quality Assessment,
Acoustical Analysis, Cultural/Historical Resources Evaluation, Initial Site Assessment, and
Biological Resource Assessment.
11.1 Project Klck-C>ff and Project Description
Our environmental work program will be initiated with the kick-off meeting/discussion, which will
define the need and purpose of the project, define the parameters of the analysis, scheduling
and understanding of the project description. A critical Initial step will be to accurately define the
project description. Based upon concept plan information and supporting data provided by the
City, RBF will draft a preliminary project description for review and approval by the City and
Caltrans staff. For the purpose of this proposal, RBF has assumed that the technical studies
identified within the following Tasks will provide the necessary evaluation to satisfy NEPA and
CEQA requirements.
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11.2 , Research and Investigation
RBF will evaluate the necessary Information with respect to the proposed project. Project
research wlll Include coordination with appropriate City Departments to acquire relevant
environmental data, project plans previous studies for the area and other available flies,
exhibits, maps and reference documents. RBF's review all available Information to determine
what additional information will be necessary to complete the environmental phase of the
project. The Initial Investigation will Include a site visit, review of existing land uses and
environmental conditions and a photographic recording of on-site and surrounding uses.
11.3 Biological Resources Assessment
RBF has retained the services of LSA Associates (LSA) to complete the necessary biological
tasks to satisfy FHWA and the United States Fish and Wildlife Service (USFWS) and Califomla
Department of Fish, and Game (CDFG) reportlng requirements. At the request of RBF, a
preliminary site visit was conducted on June 21, 2004, to evaluate habitat and potential
jurisdictional waters adjacent to and within the project footprint. Drainages east of 1-15 will
require evaluation in order to determine If they are jurisdictional by the U.S. Army Corps of
Engineers (Corps) and California Department of Fish and Game (CDFG). The majority of the
study area Is already graded or developed; however, there are patches of coastal sage scrub
within the study area. There are two major perennial streams, Murrieta Creek and Temecula
Creek, adjacent to and outside the study area.
A preliminary review of the Western Riverside County Multiple Species Habitat Conservation
Plan (MSHCP) finds that the proposed project is within a criteria cell, will require a focused
survey for the burrOWing owl (Athene cunicularia hypugea), and is a covered activity.
The following scope of services is based on review of the approved Project Study Report (PSR),
dated February 2004 and the June 21 site visit. A review of the PSR indicates that riparian
habitat within Murrieta and Temecula Creeks will be avoided. Thus, per the MSHCP, focused
surveys for riparian species and a functions and values assessment will not be required for
Murrieta and Temecula Creeks. Since there will be no impacts to Murrieta and Ternecula
Creeks, the jurisdictional determination in this scope of services does not include these areas.
Natural Environment Studv Report INESR1. LSA will conduct a literature review to assist in
determining the existence or potential occurrence of sensitive plant and animal species on the
project site or In the vicinity of the site. A species list will be requested from the USFWS. LSA
will review Federal and State lists of sensitive species and current database records, including
the Califomia Natural Div.ersityData Base (California Department of Fish and Game 1999) and
the California Native 'Plant Society's Electronic Inventory of Rare and Endangered Vascular
Plants of California. (Skinn~r, et al. 1994). The results of the literature review will be summarized
In a table and Included in the.NESR. '
The fieldwork for this task will be conducted by qualified LSA biologists in order to document the
presence/absence of sensitive biological resources (i.e., species or habitats) or to determine the
potential for occurrence. of such resources that may not be detectable when the fieldwork is
,conducted. The location of any sensitive biological resources present on-site, including plants
and plant comrnunities, will be'mapped.
7
LSA will prepare anNESR, In accordance with the Caltrans template dated April 24, 2003, or
other format designated at the klck-off or field review meeting, that will Include a descripllon of
th~ field methods used and the results of the assessment of the project area. The NESR will
Include a review of MSHCP requirements and project consistency with the MSHCP.
The report will Include ali$t of plant and animal species present within the project area and a
general descripllon of the occurring plant communities. If any sensitive resources are found on
the site, LSA will prepare and Include In the NESR a graphic displaying the locatlon(s) of the
sensitive plant communities on-site and any observed sensitive biological resources. A table
describing sensitive species that are present or potentially present will also be provided in the
report. The NESR will also include a delineation of waters likely subject to Corps and CDFG
Jurisdiction.
LSA's report will Identify and assess project impacts on the existing biological resources,
Including any sensitive species. Pursuant to Caltrans' Guidance for Consultants,
recommendations for mitigation measures will be Included In a cover memorandum for approval
by Caltrans. These mitigation measures will be general (I.e., specific restoration plans are not
included In this scope).
The NESR will Identify the need for any additional biological surveys (e.g., focused surveys for
sensitive species). The NESR will also identify regulatory permits that may be required for
project approval and construction (e.g., Corps 404 permit, CDFG 1602 Streambed Alteration
Agreement [SM], Regional Water Quality Control Board [RWQCB] 401 Water Quality
Certification, etc.). Based on the results of the NESR LSA will conduct focused surveys and
prepare related reports. Processing required permits is not Included within this scope of
services.
Jurisdiclional Delineation. LSA will perform a jurisdictional delineation (JD) to determine the
location and extent of any jurisdictional "waters of the United States," including wetlands (if
present), located within the boundaries of the proposed project. The JD will result In a
determination of the ordinary high water mark(s) (OHWM) within the project site and indicate the
existence of any adjacent wetlands not within the jurisdictional OHWM. The actual presence or
absence of wetlands on-site will be verified through the determination of the presence of
hydrologic conditions, hydrophytic vegetation, and hydric solis pursuant, to the 1987 Corps
Wetland Delineation Manua/.
Using detailed mapping of the project area, LSA shall prepare a Draft JD map and report
detailing the results of the field delineation. LSA will provide an assessment of acreage
considered by the Corps and the CDFG to be Jurisdictional "waters of the United States" and
"waters of the state." The JD will be considered a draft until verified by the Corps and CDFG.
Based on the review of the PSR, the project area will not include impacts to Temecula Creek
and Murrieta Creek and, thus, the scope of services does not include a jurisdictional delineation
for the adjacent Temecula Creek and Murrieta Creek.
8
MSHCP Review for Conslstencv. The MSHCP has recenUy been approved by the USFWS and
CDFG and Is anticipated to be fully implemented. Potential project Impacts to sensitive species
will be mitigated by participation in the MSHCP. The MSHCP lists 1-15 and associated
Interchanges as planned facilities. Therefore, the proposed Improvements to this freeway, as
part of the 1-15/SR-79S Interchange project, are considered a 'Covered Activity" within the
MSHCP.
LSA will prepare a consistency evaluation for the proposed project with the MSHCP. The
consistency evaluation will consider specific design considerations as Identified in the MSHCP.
Focused surveys for burrowing owl will be required for compliance with MSHCP requirements
and are Included in the proposed scope of services (see next Task). In the event that the
MSHCP is delayed and not fully implemented, focused surveys and any associated permitting
requirements may be necessary for additional species.
Burrowlna Owl Focused Survevs. A focused survey for the burrowing owl will include a burrow
survey that will be conducted over the entire project site to identify potentially suitable habitat
areas on the project site for the species. Four subsequent surveys will be conducted within
suitable habitat areas at dawn or dusk on separate days in order to determine presence or
absence of the burrowing owl. Burrowing owl slghtings, occupied burrows, burrows with owl
sign, and foraging areas (if known) will be counted and mapped.
If the burrowing owl is determined to be present, consultation with the CDFG and approval from
Riverside County will be required prior to passively relocating the owl(s). Owl relocation is not
Included within the scope of services for this project at this time.
11.4 Historic Property Survey Report/Archaeological Survey Report
All cultural resource efforts will be conducted In compliance with Section 106 of the National
Historic Preservation Act (NHPA). Section 106 compliance will be realized by conducting all
studies In compliance with the Caltrans Environmental Handbook Volume II, Cultural Resources
and the Programmatic Agreement among the Federal Highway Administration, the Advisory
Council on Historic Preservation, the California State Historic Preservation Officer, and the
, California Department of Transportation Regarding Compliance with Section 106 of the National
Historic PreseNation Act, as it Pertains to the Administration of the Federal-aid Highway
Program in Califomla.
There is a National Register of Historic Places Archaeological District located approximately 200
feet south of the southernmost extent of Alternative 2 (NR # 73000424). This site Is the Murrieta
Creek Archaeological Area and consists of three archaeological sites (CA-RIV-50H, CA~RIV-
270, and' CA~RIV-365). These sites are located on the banks of the confluence of Temecula and
Murrieta Creeks. LSA assumes that unknown portions of this site do not encroach into the
project Area of Potent!l31 Effects (APE).
Caltrans APE Map. LSA will prepare the delineation of the project Study Area and coordinate
APE preparation with Caltrans and RBF.' , ,
Research; LSA will obtain a cultural resource records search from the Eastern Information
Center (EIC) at University of California. Riverside. The EIC is the State-designated repository
, for records concerning cultural resources in Riverside County. The records search will provide
9
Information on known cultural resources and on previous cultural resource Investigations within
a one-mile radius of the project area. Data sources that will be consulted at the EIC Include
archaeological site and artifact records, historic maps, reports from previous studies, and the
State's Historic Resource Inventory (HRI) for Riverside County, which contains listings for
National Register of Historic Places (NRHP), California Register of Historical Resources
(CRHR), California Historical Landmarks (CHL), and California Points of Historical Interest
(CPHI). Pechanga Cultural Resource Committee will also be contacted as part of this task.
In addition, LSA will conduct a title search for the properties within the APE to detennlne build
dates for any structures. If any buildings/structures 30 years or older are located within the APE,
additional tasks may be required.
Native American Coordination. LSA will contact the Native American Heritage Commission
(NAHC) which will provide a list of Native American groups to contact regarding the project LSA
will coordinate with Caltrans to consult with the tribes. With Caltrans approval, LSA will contact
up to 14 Native American groups. LSA will contact each tribe via certified mail. After 21 days,
LSA will follow up with those groups that have not commented, via telephone. LSA will attempt
to contact each group up to two times. LSA will document all efforts to consult with each tribe.
LSA will arrange to meet with Caltrans and interested Native Americans out at the project to
discuss any Issues. Additional budget may be required to address Issues or concerns raised by
any tribes.
Field Survev. LSA will conduct a systematic field survey of portions of the APE that are not
obscured by asphalVconcrete. The ground surface will be visually examined by an archaeologist
for evidence of prehistoric (Native American) or historic (non-Native American) archaeological
materials and other potential historic resources (e.g., structures, bridges, railroads, mines, or
canals). Any previously unrecorded resources identified during the survey will be recorded on
State of California DPR 523 forms to meet State standards. Additional budget will be required if
any cultural resources are identified. If any buildings/structures 30 years or older are located
within the APE, additional tasks may be required.
Reoorls. LSA will prepare a Caltrans-format Historic Property SurVey Report (HPSR) and/or
Archaeological Survey Report (ASR), according to Caltrans specifications. The reports will
describe: 1) the results of Native American Consultation; 2) research and field methods used in
identifying cultural resources; 3) the archaeological and historic resources identified in the
project vicinity; and 4) the potential of the project to adversely impact any archaeological or
historic resources. If any buildings/structures 30 years or older are located within the APE,
additional tasks may be required (i.e., a, Historic Resources Evaluation Report [HRER]). If
recommendations for further studies are warranted, these will be presented in a cover letter to
Caltrans District 08., tSA anticipates responding to at least one set of comments on the draft
reports from Caltrans, LSA will address minor Caltrans comments as required. If the comments
negate the LSA findings and recommendations, additional budget may be required to address
these changes. '
11.5 Acoustical Evaluation
For Type I projects traffic noise must be analyzed for all alternatives under consideration, and
traffic noise impacts identified. If traffic noise impacts are identified, noise abatement must be
10
considered, and feasible and reasonable abatement measures Included In the draft
environmental documentation. A Type I project Is defined by 23 CFR 772 as follows: A
proposed Federal or Federal-aid highway project for the construction of a highway on a new
location, or the physical alteration of an existing highway which significantly changes either the
horizontal or vertical alignment, or increases the number of through-traffic lanes.
Construction activities and traffic Impacts In the project area would have the potential to Impact
the commercial areas over the anticipated one year construction period. A cursory level
construction noise analysis will be prepared. Pursuant to the Traffic Noise Analysis Protocol
(TNAP) and the "Technical Noise Supplemenr prepared by Caltrans a field survey will be
conducted to document that no sensitive receptors will be Impacted by the proposed project.
RBF will prepare a technical memo Illustrating the existing land uses, sensitive receptors, and
provide recommendations for construction-related noise restrictions. A fonnal TNAP study is not
Included as part of this task, however, can be provided under separate scope or addendum
should Caltrans require a fonnal analysis.
11.6 Air Quality Assessment
RBF will prepare all required air quality analyses and confonnity documentation for the project.
The analysis will be based on NEPA, CEQA, and FHWA requirements and guidelines,
requirements of the South Coast Air Quality Management District (SCAQMD), as well as
consultation with Caltrans and FHWA staff. In addition, the infonnation prepared will be
, consistent with the Transportation Project-Level Carbon Monoxide Protocol, revised December
1997, prepared by the Institute of Transportation Studies, University of Califomia, Davis. This
Protocol establishes a set of procedures used by Caltrans to address local project level air
quality Impacts. The project will also be analyzed for its confonnity to applicable regional air
quality plans and applicable SCAQMD rules and regulations (i.e., short-tenn construction
emissions).
A review of the project's consistency with the Southem California Association of Governments'
(SCAG), Regional Transportation Plan (RTP), and Regional Transportation Improvement
Program (RTIP) to verify If the project meets Federal Confonnity requirements as set forth by
the Clean Air Act Amendments will be perfonned. An examination of the projects regional
Impacts will be provided In the Technical Air Quality Assessment. Long-tenn operation of the
proposed project would be expected to improve air quality since the purpose of the project is to
relieve future traffic congestion.
CALlNE4 Analvsis. RBF will utilize environmental staff versed in air quality analysis to prepare a
fonnal carbon monoxide (CO) air quality assessment for the project utilizing the CALlNE4
computer model and EMFAC7 emission factors. The purpose of a CALlNE4 analysis i.s to
detennine if local CO levels exceed State or Federal thresholds and if a "hotspot" is created at a
specific location. The locations of such analyses can be detennlned following review of the
Traffic Analysis. This analysis should be conducted at up to three (3) different locations,
evaluating the "Existing", "Future (year 2030) with Project" and "Future (year 2030) Without
Project" conditions. Factors such as Idle times, vehicle speeds; trip length averages,
acceleration/cleceleration times, and other traffic-related input factors required will be developed
under the guidance of the City and Caltrans air quality specialists. '
11
1 '
! t" '-
PMl, <;lualltBllve An~IYSls.RBF will prepare a q~alltati~elevel PM,oevaluationconslstent with
Caltrans PM,o protocol requirements for both operational and construction emissions. This
section will be completed detailing the methodology and conclusions of the screening-level
analysis.
Construction Emissions. RBF will discuss potential project short-term impacts upon climate and
air quality, focusing on temporary construction dust and exhaust emissions. If sufficient
construction details .are available, RBF will quantify construction dust and exhaust emissions
utilizing the URBEMIS2002 computer model which Is based on the generation factors adopted
by the Califomla Air Resources Board (CARB). For those thresholds which are exceeded, RBF
will recommend mitigation measures based on the criteria provided In the URBEMIS2002 model
with the Intent to reduce any potential Impacts to less than significant levels. The reduction of
emissions from Implementation of mitigation measures will be quantified In the study.
11.7 Initial Site Assessment
12
Environmental Analvsis. RBF will prepare the envlronmental analysis based primarily upon the
exlstlng technical studies, design plans and other relevant documentation available, including
the Project Report (PR) prepared under a separate task. Preparation of the checklist will include
Early Consultation, pursuant to CECA, with responsible agencies and interested parties
Draft and Final Neaative Declaration. This Scope of Work assumes one (1) screencheck revlew
and one (1) draft revlew of the Initial Study by Caltrans and the City. Caltrans, acting as the
lead Agency, will utilize the Initial Study to make a determination as to the anticipated
envlronmental impacts of the project. Informal responses to pUblic comments will be prepared
following completion of the public revlew period for use by Caltrans (it is assumed that the
IS/MND will not require revision or re-clrculatlon). RBF will formulate and prepare mailing list
(responsible public agencies, affected property owners and property occupants) and mall up to
twenty-live (25) copies of the IS/MND.
Mitiaatlon Monltorlna and Reoortlnq Proaram. The Mitigation Monitoring and Reporting Program
will be defined through working with Caltrans and the City to Identify appropriate monitoring
steps/procedures in order to provide a basis for monitoring such measures during and upon
project implementation, in compliance with CECA and District procedures.
12.2 NEPACategorlcal exclusion
A key element in achievlng NEPA environmental clearance will be consistency and compliance
with Chapter 6, Environmental Procedures, of the Caltrans Local Assistance Procedures
Manual. Based on similar project experience, including experience with Caltrans District 08,
RBF proposes to prepare a CE in conformance with NEPA, pertinent FHWA regulations, and
Chapter 6 of the Local Assistance Procedures Manual. The technical studies completed under
previously identified tasks will be prepared to satisfy applicable Caltrans/FHWA requirements
and attached to the CE request, substantiating that the project would not result In adverse
envlronmental effects.
12.3 Graphic Exhibits
The environmental documentation will include graphic exhibits to enhance the written tex! and
clarify the project and potential environmental impacts. Exhibits are anticipated to include:
Regional Vicinity Map, Site Vicinity Map, Site Plans, Biological Exhibits, Wetlands/ACOE
Delineation Map, and Traffic/Circulation Exhibits.
12.4 Response to Comments
, . ,
. . I ... . . , .
RBF will r~spond to'all comments received on the' draft technical studies and environmental
document. RBF will prepare thorough, reasoned and sensitive responses to relevant
environmental issues.
13~0 Coordination Of Environmental Review And Meeting AtteridllnCe
Mr. J3ruce R. Grove Jr., REA, will be responsl!:lle for management and supervision of the
Environm~nta.1 RevieW.as well as consultation withthe City and Caltraril? Mr. Grove will provide
general project oversight 'and QA/QC.' Mr. Grove, with the assistance of technical experts at
RBF, will undertake consultation and coordination of the project and review the Environmental
13
Studies for compliance with NEPA and CECA requirements. Mr. Grove will also consult with
State and local agencies regarding the environmental documents. Mr. Grove will attend all
. project meetings, will represent the City at public hearings, and make presentations at these
meetings as necessary. This Task assumes attendance at Project Development Team (PDT)
Meetings at Caltrans District 08 Headquarters In San Bemardlno, meetings City staff, one (1)
field review meeting at the project site, and one (1) pUblic meeting. Additional meetings shall be
billed on a Time and Materials basis.
14.0 Project Report
RBF will provide coordination during the review and approval process for the Project Report.
Comments will be addressee! and revisions made as appropriate based upon any changes to
the Project that occurred during the environmental clearance of the project. RBF will obtain
Caltrans approval of the final Project Report and provide copies of approved and signed Project
Report.
15.0 Project Management
This task includes budget for overall project management, liaison with affected agencies PDT
leadership and management, progress monitoring and maintenance of Project files in
accordance with the Unifonn File System described in the PDPM Chapter 7. A copy will be
provided to Caltrans.
· Agency Liaison
An important consideration is to ensure liaison among the key players for the Project.
RBF will lead the PDT's effort and interface with the City, Caltrans, and other affected
agencies. A budget for meetings with City staff has been included in this task. Meeting
schedules will be combined to allow a single meeting for multiple purposes.
· Project Development Team (PDT) Meetings
RBF will be a member of and attend monthly meetings of the PDT. The PDT will guide
the study in accordance with the Caltrans Project Development Procedures Manual.
RBF will arrange meetings, provide discussion materials and agendas and develop and
distribute meeting notes.
· Progress Reports
Monthly progress reports will be prepared to document progress on the Project. The
report will cohsistof the following:
· Work accomplished during the report period
.. Work anticipated during the next reporting periOd
· Issues
· Impacts
· Progress Schedule
14
· Project Fact Sheet Preparation
· Project Charter Preparation
· Caltrans Risk Management Plan Preparation
· Communication Plan Preparation
16.0 Meeting Attendance
RBF will attend meetings with the Project Team, Callrans and others as directed by the City
durlng the Implementation of the Work Program. Travel time will not be included for meetings
conducted within the city limits.
17.0 Optional Task-Jolnt CEQA/NEPA Environmental Documentation And Additional
Biological Tasks
Should one or more of the technical studies Identify Impacts that require more detailed
evaluation, an EAtIS may be necessary. Final determination, however, will be made under
advisement by District 08 environmental staff. The following optional sCope of work assumes
preparation of an EAtIS leading to a Finding of No Significant Impact/Mitigated Negative
Declaration (FONSIIMND). ' This task will not be undertaken without written direction from the
City.
17.1 Environmental Assessmentllnltlal Study
If determined necessary, RBF will prepare an EAtIS in conformance with NEPA, pertinent
FHWA regulations, Chapter 6, Environmental Procedures of the Caltrans Local Assistance
Procedures Manual, CEQA, and the regulations requirements and procedures of any other
responsible Public Agency with jurlsdiction by law. The EAtIS will evaluate the proposed project,
Including all reasonable and feasible project altematives as required by NEPA.
The EAtISwill provide a detailed analysis describing all potential environmental impacts and
mitigation recommendations for the proposed project following the Caltrans EAIIS
documentation templet (November 2003). RBF will prepare an EAtIS in accordance with
Caltrans/FHWA NEPNCEQA criterla using the checklist format approved by Caltrans.
Alternatives Analysis. RBF will discuss the project alternatives development history. ,Utilizing
the approved PSR,RBF shall submit a draft and, after review, a final alternatives section that
documents the process . that the City went through and the' decisions made concerning
alternatives on the project.
Environmental Analysis. RBF will evaluate the necessary information with respect to the existing
conditions, the' potential adverse effect of project implementation (both individual and
cumulative), and measures to mitigate such effects. Environmental Issues raised durlng the
Early Coordination Meeting, including all other relevant and valid informative sources will also
be evaluated. The analyses will be based upon all available data, results from additional
research, and technical evaluations prepared as part of other environmental Tasks. The EAtIS
will include thorough and accurate discussion addressing the Affected Environment,
15
Environmental, Consequences (permanent, temporary and cumulative), and Mitigation
Measures.
Graohlc Exhibits. The environmental document will include exhibits to enhance the written text
and clarify the project and potential environmental Impacts.
17.2 Screencheck Draft Environmental Assessmentllnltlal Study
RBF will submit eight (8) copies of the Screencheck Draft EAIIS for review and comment by the
City and Caltrans. In consultation with all affected parties, RBF will revise the Screencheck
Draft EAIIS for final FHWA approval prior to public review. RBF will Incorporate one complete
set of comments received from FHW A on the Administrative Draft EAIIS.
17.3 Public Distribution and Review
Fifty (50) copies of the Public Review Draft EAIIS will be provided to the City and Caltrans. RBF
will prepare all required noticing and document distribution (based on distribution lists provided
by the City and Caltrans), Including the required fifteen (15) copies to the State Clearinghouse
under this Task. Required noticing will be sent via regular mall based on a 300-foot radius from
edge of project limits.
17.4 Response to Comments
RBF will respond to all comments received on the Draft EAIIS during the 3O-day public review
period. The Draft Responses to Comments will be prepared for review by the City and Caltrans
staff. Following review of the Draft Responses to Comments, RBF will finalize this section for
inclusion in the Final EAIIS.
17.5 Final Environmental Document
RBF will prepare all required NEPA/CEQA noticing, and will submit a record of public comments
and responses and request for a Finding of No Significant Impact (FONSI) from FHWA. Upon
receipt the Final EAIIS will be assembled including the Draft EAIIS, Comments and Responses,
Technical Appendices, and Mitigation Monitoring and Reporting Program. RBF will prepare the
Record of Public Hearing for each public hearing held on the proposed project. This Task
specifically excludes preparation of Staff Reports and/or Resolutions. Deliverables Include one
(1) copy and one (1) unbound original.
17.6 Focused Surveys/Biological Assessment
It is possible that the Westem Riverside MSHCP will sufficiently mitigate for any potential
impacts to the least Bell's vireo (Vireo bel/Ii pusillus) and southwestem willow flycatcher
(Emp/donax trailli! extimus). However, In the event that the USFWS, FHWA, or Caltrans
determines that there may be indirect effects to riparian habitat within Murrieta Creek and that
the MSHCP does not adequately mitigate potential impacts, focused surveys for the least Bell's
vireo ,and southwestern willow flycatcher may be necessary within the riparian habitat. If the
species' are present and it is determined that the project may affect either species, a Section 7
Consultation may be required between the FHWA and USFWS. Since it is unknown at this time
whether such surveys and consultation will be necessary, the services are included in this
16
proposal as Optional Tasks. If required, LSA proposes to conduct the focused surveys, prepare
the Biological Assessment (BA) and other documentation, and assist with the Section 7
Consultation. '
Schedule. If focused surveys are required for the least Bell's vireo and southwestem willow
flycatcher, they must be performed during the species breeding seasons (April 10 through July
31). If a Section 7 Consultation is required, LSA will prepare a draft Biological Assessment
within two weeks of the completion of focused surveys. Revisions to the draft will be completed
within one week of receipt of comments.
18.0 Alternative Geometric Design
Subsequent to Task 3.0, Traffic ForecastlOperational Analysis and prior to Task 6.0 Geometric
Approval Drawings, RBF will prepare an altematlve geometric design plan at a scale of 1:1000
for up to three (3) altemative Interchange improvement concepts. This task will be required only
if there is significant changes to A1tematlve 5 as presented in the approved PSRlPDS as a
result of the updated traffic projections or the 1-15 mainline improvements included in the draft
PSR currently being prepared by Caltrans. Authorization of this task will affect the schedule for
preparation of the GAD and other associated tasks. This task will not be undertaken without
written direction from the City.
19.0 Supplemental Traffic Analysis
The City will supply all traffic data previously collected and compiled as part of ongoing projects.
In the event that supplemental forecasts are required, RBF will retain Austin Foust Associates to
provide additional traffic model runs. This task will not be undertaken without written direction
from the City.
COMPENSATION
RBF will complete all services outlined herein in accordance with a billing system based upon
I, the percentage of the project which has been completed for a fee of $311, 944 for professional
services plus a budget amount of $14,000 for the direct cost of reimbursable expenses as
outlined on the attached Task/Hour Breakdown for Tasks 1 through 16. A separate budget of
$98,196 has been established for Optional Task 17, 18 and 19 if these studies are required.
Gary Warkentin will serve as the Project Director for this project. He has over thirty years
experience and has been Involved In many transportation projects that RBF has developed from
concept through design and construction.
Mr. Bruce Grove will be the Senior Environmental Planner on the project team. He has
extensive experience in developing CEQA and NEPA environmental documents for
transportation projects., LSA Associates, Inc. will provide biological and cultural resource
subconsulting services for the project. Resumes for Gary Warkentin and Bruce Grove are
attached herewith.
17
We appreciate the opportunity to submit our Contract Proposal on this project. Work will
commence upon our receipt of an executed Purchase Order from the City, which will serve to
acknowledge approval of the terms contained herein. Thank you for providing us the
opportunity to be of service to you.
Sincerely,
~~~
Gary L. Warkentin
Vice President
Transportation Planning
H:\pdata\10103n9\Project OvervleW.doc
18
EXHIBIT B
PAYMENT RATES AND SCHEDULE
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ITEM 7
APPROVA~
CITY ATTORNEY vWA
DIRECTOR OF FINA ~
CITY MANAGER v,
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public WorkslCity Engineer
DATE:
July 12, 2005
SUBJECT:
Award a Construction Contract for Traffic Signal Installation at
SR79 South and Country Glen Way - Project No. PW04-09
PREPARED BY:
Greg Butler, Principal Engineer
Steven Beswick, Associate Engineer
RECOMMENDATION:
That the City Council:
1.
Award a construction contract for Traffic Signal Installations at SR79 South and Country
Glen Way, Project No. PW04-09 to DBX, Inc. in the amount of $149,218.00 and authorize
the Mayor to execute the contract.
2.
Authorize the City Manger to approve change orders not to exceed the contingency amount
of $14,921.80, which is equal to 10% of the contract amount.
3.
Approve an appropriation in the amount of $142,140.00 to fund the administrative and
construction costs for the Traffic Signal Installation at SR79 South and Country Glen Way
from Developer Mitigation fees.
4.
Approve a transfer in the amount of $57,000.00 of Developer Impact Fees - Traffic from the
Redhawk Parkway at Overland Trail traffic signal installation project to the SR79 South and
Country Glen Way project.
BACKGROUND: On May 24, 2005 the City Council approved the plans and specifications for
the subject project and authorized the Public Work department to solicit construction bids.
The installation of a traffic signal at the intersection of SR79 South and Country Glen Way was
required as a condition of approval (PA94-0095) for a new shopping center (Vail Ranch Center)
located along SR79 South between Country Glen Way and Redhawk Parkway. At the time of
development, the traffic signal was not fully warranted as set forth in Caltrans standards. Therefore,
the City collected the equivalent fee amount from the developer so that the traffic signal could be
constructed in the future.
The traffic signal at SR79 South and Country Glen Way will be constructed to accommodate the
current traffic configuration (Three eastbound and westbound lanes with a single ieft turn lane for
Country Glen Way).
R:\AGENDA REPORTSI2005\071205\PW04-09 Award.DOC
Three (3) bids were received and publicly opened on Tuesday, June 28, 2005. The results were as
follows:
1. DBX, Inc.
2. HMS Construction
3. Sierra Pacific Electrical Contracting
$149,218.00
$155,055.00
$171,270.00
Staff has reviewed the bid proposals and found DBX, Inc. of Temecula, California to be the lowest
responsible bidderforthis project. DBX, Inc. has recently completed similar work for the City and for
other agencies satisfactorily.
The specifications allow twenty-five working days for the completion of this project, plus the time
necessary to procure the needed traffic signal equipment.
A copy of the bid summary is available for review in the City Engineer's office. The Engineering
estimate was $140,000.00. The bids for the project came in slightly higher than the engineer's
estimate due to recent increases in material costs for construction projects.
FISCAL IMPACT: The installation of the traffic signal at SR79 South and Country Glen Way is
funded primarily through fees paid by the developer and is on deposit with the City. The additional
transfer of funds of $57,000.00 from DIF-Traffic Signal is necessary to fund this project. The
construction and administrative costs of $164,140.00 and $35,000.00, respectively, total
$199,140.00 for this project. The total construction cost is $164,139.80, which includes the contract
amount of $149,218.00, plus a 10% contingency of $14,921.80.
ATTACHMENTS:
1. Project Location
2. Contract
2
R:\AGENDA REPORTS\2005\071205\PW04-09 Award.DOC
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CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACT
FOR
PROJECT NO. PW04-09
TRAFFIC SIGNAL INSTALLA TION SR79 SOUTH AND COUNTRY GLEN WA Y
THIS CONTRACT, made and entered into the 12th day of July, 2005, by and between the City of
Temecula, a municipal corporation, hereinafter referred to as "CITY", and DBX, Inc., hereinafter
referred to as "CONTRACTOR."
WITNESSETH:
That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree
as follows:
1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract
Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance
Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW04-
09, TRAFFIC SIGNAL INSTALLATION SR79 SOUTH AND COUNTRY GLEN WAY,
Insurance Forms, this Contract, and all modifications and amendments thereto, the State
of California Standard Plans and Specifications for Construction of Local Streets and
Roads, (latest edition), issued by the California Department of Transportation, where
specifically referenced in the Plans, Special Provisions, and Technical Specifications, and
the latest version of the Standard Specifications for Public Works Construction, including
all supplements as written and promulgated by Public Works Standards, Inc (hereinafter,
"Standard Specifications") as amended by the General Specifications, Special Provisions,
and Technical Specifications for PROJECT NO. PW04-09, TRAFFIC SIGNAL
INSTALLATION SR79 SOUTH AND COUNTRY GLEN WAY. Copies of these Standard
Specifications are available from the publisher:
BNi Buiiding News
Division of BNi Publications, Inc.
1612 South Clementine St.
Anaheim, California 92802
(714) 517-0970
The Standard Specifications will control the general provisions, construction materials,
and construction methods for this Contract except as amended by the General
Specifications, Special Provisions, and Technical Specifications for PROJECT NO.
PW04-09, TRAFFIC SIGNAL INSTALLATION SR79 SOUTH AND COUNTRY GLEN
WAY.
In case of conflict between the Standard Specifications and the other Contract
Documents, the other Contract Documents shall take precedence over, and be used in
lieu of, such conflicting portions.
C.1
R:ICIPIProjects1PW04-091Specs1Contracl
Where the Contract Documents describe portions of the work in general terms, but not in
complete detail, it is understood that the item is to be furnished and installed completed
and in place and that only the best general practice is to be used. Unless otherwise
specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and
incidentals, and do all the work involved in executing the Contract.
The Contract Documents are complementary, and what is called for by anyone shall be as
binding as if called for by all. Any conflict between this Contract and any other Contract
Document shall be resolved in favor of this Contract.
2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed,
shall provide and furnish all the labor, materials, necessary tools, expendable equipment,
and all utility and transportation services required for the following:
PROJECT NO. PW04-09, TRAFFIC SIGNAL INSTALLATION SR79 SOUTH AND
COUNTRY GLEN WAY
All of said work to be performed and materials to be furnished shall be in strict accordance
with the Drawings and Specifications and the provisions of the Contract Documents
hereinabove enumerated and adopted by CITY.
3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished
and work performed and completed under the direction and supervision, and subject to
the approval of CITY or its authorized representatives.
4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR
agrees to accept, in full payment for, the work agreed to be done, the sum of: ONE
HUNDRED FORTY NINE THOUSAND TWO HUNDRED EIGHTEEN DOLLARS and NO
CENTS ($149,218.00), the total amount of the base bid.
CONTRACTOR agrees to complete the work in a period not to exceed twenty-five (25)
working days, commencing with delivery of a Notice to Proceed by CITY. Construction
shall not commence until bonds and insurance are approved by CITY.
5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that
the City Manager is hereby authorized by the City Council to make, by written order,
changes or additions to the work in an amount not to exceed the contingency as
established by the City Council.
6. PAYMENTS
A. LUMP SUM BID SCHEDULE:
Before submittal of the first payment request, the CONTRACTOR shall submit to
the City Engineer a schedule of values allocated to the various portions of the
work, prepared in such form and supported by such data to substantiate its
accuracy as the City Engineer may require. This schedule, as approved by the
City Engineer, shall be used as the basis for reviewing the CONTRACTOR's
payment requests.
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R:\CIP\Projects\PWD4-09\Specs\Contract
B. UNIT PRICE BID SCHEDULE:
Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days
after submission of a payment request to the CITY, the CONTRACTOR shall be
paid a sum equal to ninety percent (90%) of the value of the work completed
according to the bid schedule. Payment request forms shall be submitted on or
about the thirtieth (30th) day of each successive month as the work progresses.
The final payment, if unencumbered, or any part thereof unencumbered, shall be
made sixty (60) days after acceptance of final payment and the CONTRACTOR
filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms
provided by the CITY.
C. Payments shall be made on demands drawn in the manner required by law,
accompanied by a certificate signed by the City Manager, stating that the work for
which payment is demanded has been performed in accordance with the terms of
the Contract, and that the amount stated in the certificate is due under the terms of
the Contract. Partial payments on the Contract price shall not be considered as an
acceptance of any part of the work.
D. Interest shall be paid on all undisputed payment requests not paid within thirty (30)
days pursuant to Public Contracts Code Section 20104.50. Public Contract Code
Section 7107 is hereby incorporated by reference.
E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works
Construction and Section 9203 of the Public Contract Code, a reduction in the
retention may be req uested by the Contractor for review and approval by the
Engineer if the progress of the construction has been satisfactory, and the project
is more than 50% complete. The Council hereby delegates its authority to reduce
the retention to the Engineer.
7. LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government
Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one
thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond
the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted
from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be
granted an extension of time and will not be assessed liquidated damages for
unforeseeable delays beyond the control of, and without the fault or negligence of, the
CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly
notify CITY of any such delay.
8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6
above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to
work related to the payment. Unless the CONTRACTOR has disputed the amount of the
payment, the acceptance by CONTRACTOR of each payment shall constitute a release of
all claims against the CITY related to the payment. CONTRACTOR shall be required to
execute an affidavit, release, and indemnity agreement with each claim for payment.
9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per
diem wages and the general rate for holiday and overtime work in this locality for each
craft, classification, or type of workman needed to execute this Contract, from the Director
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R:ICIPIProjectsIPWD4-09ISpecsIContr<lct
of the Department of Industrial Relations. These rates are available from the California
Department of Industrial Relation's Internet Web Site at http://www.dir.ca.gov.
CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the
adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the
provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code.
Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the
CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each
laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Contract, by him or by any subcontractor under him, in violation
of the provisions of the Contract.
10. TIME OF THE ESSENCE. Time is of the essence in this contract.
11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or
in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone.
CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers,
employees, and agents, against any and all liability, injuries, or death of persons
(CONTRACTOR's employees inciuded) and damage to property, arising directly or
indirectly out of the obligations herein undertaken or out of the operations conducted by
CONTRACTOR, save and except claims or litigations arising through the sole active
negligence or sole willful misconduct of the CITY.
The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any
and all costs incurred by the CITY as a result of Stop Notices filed against the project. The
CITY shall deduct such costs from Progress Payments or final payments due to the CITY.
12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or
representatives has offered or given any gratuities or promises to CITY's employees,
agents, or representatives with a view toward securing this Contract or securing favorable
treatment with respect thereto.
13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage
relationship, and that he is not in any way associated with any City officer or employee, or
any architect, engineer, or other pre parers of the Drawings and Specifications for this
project. CONTRACTOR further warrants that no person in its employ has been employed
by the CITY within one year of the date of the Notice Inviting Bids.
14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this
Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all
workmen and persons employed, all firms supplying materials, and all subcontractors
upon the Project have been paid in full, and that there are no ciaims outstanding against
the Project for either labor or materials, except certain items, if any, to be set forth in an
affidavit covering disputed claims 0 r items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge
that any actual or potential labor dispute is delaying or threatens to delay the timely
performance of the Contract, CONTRACTOR shall immediately give notice thereof,
inciuding all relevant information with respect thereto, to CITY.
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R:\CIPIProjects\PW04-09\Specs\Contract
16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part
thereof as may be engaged in the performance of this Contract, shall at all reasonable
times be subject to inspection and audit by any authorized representative of the CITY.
17. INSPECTION. The work shall be subject to inspection and testing by CITY and its
authorized representatives during manufacture and construction and all other times and
places, including without limitation, the plans of CONTRACTOR and any of its suppliers.
CONTRACTOR shall provide all reasonable facilities and assistance for the safety and
convenience of inspectors. All inspections and tests shall be performed in such manner
as to not unduly delay the work. The work shall be subject to final inspection and
acceptance notwithstanding any payments or other prior inspections. Such final
inspection shall be made within a reasonable time after completion of the work.
18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not,
discriminate in its employment practices on the basis of race, creed, religion, national
origin, color, sex age, or handicap.
19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties to
this Contract and also govern the interpretation of this Contract. Any litigation concerning
this Contract shall take place in the municipal, superior, or federal district court with
geographic jurisdiction over the City of Temecula. In the event of litigation between the
parties concerning this Contract, the prevailing party as determined by the Court, shall be
entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation.
20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of
a local public body shall have any interest, direct or indirect, in the contract of the
proceeds thereof during hislher tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no
board member, officer or employee of t he 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 t he City of T emecula, and that if any such interest
comes to the knowledge of either party at any time, a full and complete disclosure of all
such information will be made, in writing, to the other party or parties, even if such interest
would not be considered a conflict of interest under Article 4 (commencing with Section
1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the
Government Code of the State of California.
21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor
is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-
336, as amended.
C-5
R:ICIPIProjectsIPW04.(J9\SpecsIContract
.
22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of the CONTRACTOR as set forth in the Contract Documents,
and to the CITY addressed as follows:
Mailing Address:
William G. Hughes
Director of Public Works/City Engineer
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
Street Address:
William G. Hughes
Director of Public Works/City Engineer
City of Temecula
43200 Business Park Drive
Temecula, CA 92590-3606
C-<3
R:ICIPIProjec1sIPW04-Q9ISpecsIContract
.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the
date first above written.
DATED:
CONTRACTOR
DBX, Inc.
42066 Avenida Alvarado, Suite C
Temecula, CA 92590
(951) 296-9909
Jim Perry, President
James C. Perry, Vice President
(Signatures of two corporate officers required for Corporations)
DATED:
CITY OF TEMECULA
Jeff Comerchero, Mayor
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
ATTEST:
Susan W. Jones, CMC, City Clerk
C-7
R:ICIPIProjectsIPW04-1J9ISpecsIContract
ITEM 8
.......
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: ,# William G. Hughes, Director of Public Works/City Engineer
DATE: July 12, 2005
SUBJECT: Authorize Temporary Street Closure of Main Street between Old Town Front
Street and Pujol Street for the "Saturday Nights on Main Street" event
scheduled for July 16th, August 20th, and September 17th, 2005 and
Delegate Authority to Issue a Special EventslStreet Closures Permit to the
Director of Public Works/City Engineer.
PREPARED BY: ~f Ronald 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, AUTHORIZING TEMPORARY STREET CLOSURE OF
MAIN STREET BETWEEN OLD TOWN FRONT STREET AND
PUJOL STREET FOR THE "SATURDAY NIGHTS ON MAIN
STREET" EVENT SCHEDULED FOR JULY 16th, AUGUST 20th,
AND SEPTEMBER 17th, 2005 AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A
SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES
BACKGROUND: The "Saturday Nights on Main Street" event is part of the "Hot Summer
Nights" program held each year in Old Town. The event is scheduled for three Saturday nights -
July 16th, August 20th and September 17th, 2005 from 6:00 PM to 11 :00 PM with the actual street
closure scheduled between 3:00 PM to 12:30 AM. The event will include three to four bands each
night on a stage located on the Main Street Bridge at Murrieta Creek. Each concert will feature one
strong local act that has regional or national recognition and one or more headliner bands.
Restaurants and drink establishments in Old Town will be giving out arm bands to anyone who
purchases a meal or drink on Friday or Saturday the week of the concert. The arm band will provide
access to reserved seating (up to 300) for the event. There will also be vendors located along Main
Street where the street closure occur.
The event will require assistance from the Public Works Department by providing support services
for the street closure, public safety monitoring, and the permit process.
1
R:\AGENOA REPORTS\2005\071205\Saturday Nights on Main Street.Street Closure DOC
"
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 rights-of-way.
This resolution set forth processes for staff reviewing applications, denying approval or approving
subject to conditions including events requiring changes in normal traffic patterns, and an appeal
process to the City Manager. However the resolution did not delegate authority to temporarily close
streets for these special events.
The subject resolution delegates the authority to approve temporary street closures for this specific
event, "Main Street Saturday Nights", to the Director of Public Works/City Engineer. All other special
events requiring temporary street closures, construction-related closures, etc, shall remain subject to
the approval of the City Council subject to rules 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.
FISCAL IMPACT: The costs for provision, placement, and retrieval of necessary warning and
advisory devices by the Public Works Department are included in budgetary items.
ATTACHMENTS:
1. Resolution No. 2005_
2. Vicinity Map
2
R:\AGENDA REPORTS\2005\071205\Saturday Nights on Main Street.Street Closure.DOC
RESOLUTION NO. 2005-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF
MAIN STREET BETWEEN OLD TOWN FRONT STREET AND
PUJOL STREET FOR THE "SATURDAY NIGHTS ON MAIN
STREET" EVENT SCHEDULED FOR JULY 16, AUGUST 20, AND
SEPTEMBER 17 AND AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT
INCLUDING STREET CLOSURES
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
WHEREAS, the California State Vehicular 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 sponsors the "Saturday Nights on Main Street" event, for
which such temporary street closure on Main Street between Old Town Front Street and Pujol Street
promote the safety and protection of persons using or proposing to use that street for the special
event; and
WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily
close Main Street for the "Saturday Nights on Main Street" event scheduled for July 16th, August
20th and September 17th, 2005; and,
NOW, WHEREAS, the City Council desires to authorize the Director of Public Works/City
Engineer to approve the temporary street closure of Main Street for the "Saturday Nights on Main
Street" event, 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 Director of Public WorkslCity Engineer to permit the temporary street closure of Main
Street for the "Saturday Nights on Main Street" event scheduled for July 16th, August 20th and
September 17th, 2005, and affirms the general rule that all other temporary public street closures
shall 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 12th day of July, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
3
R:\AGENDA REPORTS\2005\071205\Saturday Nights on Main Street.Street 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,~o hereby certify that
Resolution No. 2005-_ was duly and regularly adopted by the City Council of the City of T emecula
at a regular meeting thereof held on the 12th day of July, 2005, by the following vote:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
AYES:
ABSENT:
COUNCILMEMBERS:
Susan W. Jones, CMC, City Clerk
4
R:\AGENDA REPORTS\2005\071205\Saturday Nights on Main Street.Stree! Closure. DOC
~"
~
)hst'" ~ "\1';;:' ^ '\.. ^ '\ '\
Hot Summer Nights
Main Street Saturday Nights
July 16, August 20, September 17
':&
\
III
I
300 chairs
~ barricades/stre cIo re
o vendors
. .
, 'portapotties
- -
CONCERTS - 6 p.m. to 11 p.~
Main Street to close at 3 p.m. fo! Set up
VICINITY MJ:\P
ITEM 9
,
APPROVAL
CITY ATTORNEY ~
DIRECTOR OF FINA~
CITY MANAGER ~
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City ManagerlCity Council
~illiam G. Hughes, Director of Public WorkslCity Engineer
DATE:
July 12, 2005
SUBJECT:
Parking Restrictions - Winchester Road and Route 79 South
PREPARED BY: ~Ali Moghadam, Principal Engineer - Traffic
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING A PARKING RESTRICTION ON
BOTH SIDES OF:
1. WINCHESTER ROAD BETWEEN JEFFERSON AVENUE
AND WINCHESTER CREEK AVENUE; AND
2. ROUTE 79 SOUTH BETWEEN BEDFORD COURT AND
TEMECULA CREEK ROAD.
BACKGROUND: On February 7, 2005, the City of Temecula assumed responsibility for
maintenance and operation of Winchester Road and Route 79 South within the city limits. Since
assuming responsibility of the facilities, staff has observed delays and congestion along portions of
Winchester Road, caused by on-street parking. The proposed parking restriction, which complies
with the City's policy to restrict on-street parking on arterial highways, will help in mitigating this
situation.
At their meeting of May 26, 2005, the Public/Traffic Safety Commission considered the issue and
unanimously (5-0) approved the staff recommendation that the City Council adopt a resolution
estabiishing a parking restriction on Winchester Road and Route 79 South. Also, the Commission
recommended that "No Stopping Anytime" signs be installed on both roadways to further reinforce
the parking restriction.
FISCAL IMPACT:
Funds are available in Public Works Signing and Striping Account.
ATTACHMENTS:
1.
2.
3.
Resolution No. 2005-_
Exhibit "A" - Proposed Parking Restriction Location Map
Exhibit "8" - Public/Traffic Safety Commission Agenda Report - May 26, 2005
r:\Agenda Report\2005\0712\winchester&r79 restriction.reso
RESOLUTION 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING A PARKING RESTRICTION ON
BOTH SIDES OF:
1. WINCHESTER ROAD BETWEEN JEFFERSON AVENUE
AND WINCHESTER CREEK AVENUE; AND
2. ROUTE 79 SOUTH BETWEEN BEDFORD COURT AND
TEMECULA CREEK ROAD.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AND ORDER AS
FOLLOWS:
SECTION 1. The City Council has considered the facts justifying the need for a parking
restriction at the location described in this resolution. The City Council hereby finds and determines
that the parking restriction pursuant to this resolution will enhance the public health and safety and
general welfare at this location and the proposed parking restriction will not create any adverse
conditions in the area.
SECTION 2. Pursuant to Section 10.12.100, of the Temecula Municipal Code, a parking
restriction is hereby established in the City of Temecula on the north and south sides of:
1. Winchester Road between Jefferson Avenue and Winchester
Creek Avenue; and
2. Route 79 South between Bedford Court and Temecula Creek
Road.
SECTION 3. The City Clerk shall certify to the passage and adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 12'h day of July, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC, City Clerk
"
2
r:\Agenda Report\2005\0712\winchester&r79 reslriction.resa
[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 Resolution No. 05-_ was duly and regularly adopted by the City Council at a regular
meeting of the City Council on the 12th day of July, 2005, by the following vote:
AYES:
NOES:
o
o
o
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSENT:
Susan W. Jones, CMC, City Clerk
3
r:\Agenda Report\2005\0712\winchester&r79 restriction.reso
EXHIBIT "A"
Proposed Parking Restriction
Location Map
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EXHIBIT "B"
Public/Traffic Safety Commission Agenda Report
May 26, 2005
AGENDA REPORT
.."I' '1'1':1/10(;,
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TO:
FROM:
Public!Traffic Safety Commission
AIi Moghadam, P.E., Principal Engineer, Traffic
DATE:
May 26,2005
SUBJECT:
Item 4
Parking Restrictions - Winchester Road and Route 79 South
RECOMMENDATION:
That the Public!Traffic Safety Commission recommend:
1. That the City Council adopt a resolution establishing a parking restriction on Winchester
Road between Jefferson Avenue and Winchester Creek Avenue; and
2. That the City Council adopt a resolution establishing a parking restriction on Route'79 South
between Bedford Court and Temecula Creek Road.
BACKGROUND:
On February 7, 2005, the City of Temecula assumed responsibility for maintenance and operation of
Winchester Road and Route 79 South within the city limits. Since both roadways were formerly
under the jurisdiction of Caltrans, the City did not have the authority to establish parking restrictions
on the segments located within the City.
Currently, parking is not restricted on Winchester Road and Route 79 South. Staff has observed on-
street parking along portions of Winchester Road, which during the peak hours causes additional
delays and congestion.
The proposed parking restriction complies with the City's policy to restrict on-street parking on
arterial highways. Therefore, staff recommends that the Commission approve the recommendation
that the City Council establish parking restrictions on Winchester Road and Route 79 South within
the City Limits.
The public has been notified of the Public!Traffic Safety Commission's consideration of this issue ,
through the agenda notification process.
FISCAL IMPACT:
Adequate funds are available in the Public Works Traffic Division signing and striping account.
Attachment:
1. Exhibit "A" - Location Map
r:\trafflc\commissn\agenda\2005\0526\Winchester&SR79/ajp
ITEM 1 0
APPROVAL
CITY ATTORNEY \-f.()f?ttf/2
DIRECTOR OF FINANCE ~
CITY MANAGER t!J I
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City Council
Herman D. Parker, Director of Community servic~
July 12, 2005
DATE:
SUBJECT:
Acceptance of Quitclaim Deeds - Redhawk Park A
PREPARED BY:
Barbara Smith, Senior Management Analyst
~
RECOMMENDATION: That the City Council:
1. Accept and record the Grant Deed for Redhawk A, subject to all title report issues being
reviewed and approved by the TCSD and the City Attorney's Office.
2. Authorize vacation of Quitclaim Landscape Easement Deed for Redhawk Park A.
BACKGROUND: On March 2, 2004 a sp.ecial election was held to determine if the
registered voters within the Redhawk Specific Plan area were in favor of annexation into the
City of Temecula as well as the detachment of public park maintenance responsibilities from the
County Service Area 143 (CSA 143) to the City's Community Services District (TCSD). The
special election was successful in obtaining over 2/3's majority vote and as a result on June 30,
2005 the City of Temecula will annex the Redhawk Specific Plan area into the City and TCSD
will begin park maintenance.
Park A is an approximately 1.6 acre park located on Camino San Jose adjacent to Redhawk
Elementary School. This is a passive park which includes a tot lot and large open turf area.
This park was maintained by CSA 143 via an Easement Deed but the underlying property owner
was Overland National Land Fund. Overland National Land Fund has provided the City with a
Grant Deed conveying the park ownership to the City of Temecula.
City Council accepted the Quitclaim Deed for a Landscape Maintenance Easement from
Riverside County on June 28, 2005 for this park. Once Park A's Grant Deed is accepted and
recorded the Quitclaim Deed for Landscape Maintenance Easement will be vacated.
FISCAL IMPACT: The annual cost for maintaining Park A is $10,024 which is
included in the Temecula Community Service District Fiscal Year 2005-2006 budget.
ATTACHMENTS:
1) Copy of Grant Deed
2) Vicinity Maps for Park A
R\SMITHB\Redhawk Annexation\Staff Park A Acceptance - Grant Dead,doc
ATTACHMENT 1
EXEMPT RECORDING REQUESTED BY
City of Temecula
PER GOV'T CODE !i 27383
AND WHEN RECORDED MAIL TO:
Office of the City Clerk
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
MAIL TAX STATEMENTS TO:
City of Temecula
P.O. Box 9033
Temecula CA 92589-9033
EXEMPT RECORDING
SPACE ABOVE THIS LINE
FOR RECORDER'S USE
GRANT DEED
The undersigned grantor declares
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
OVERLAND NATIONAL LAND FUND LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP
hereby grants to the CITY OF TEMECULA, a municipal corporation, the following
described real property in the City of Temecula, County of Riverside, State of California:
See Exhibit "A" attached hereto,
Executed on 6 - 21 ' 2005 , at
Signature ~c-<,-...:..
Type/Print Name F" red j ,'((0
Position G(nfl'A ( /?i"ll1o-
jo~ 4nreles
I>
, California.
Signature
Type/Print Name
Position
The signature<.~) above must be notarized
,
.
EXHIBIT A
LEGAL DESCRIPTION
Real property in the unincorporated area of the County of Riverside, State of California,
described as follows:
LOT 189 OF TRACT NO. 23063-3, AS SHOWN BY MAP ON FILE IN BOOK 220
PAGES 40 THROUGH 56 OF MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
APN: 961-230-016
, CAUFORNIA ALL-PURPOSE ACKNOWLEDGMENT
,
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No. SlD7 :
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State Qf
County of
On
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NAME. Tm.E OF OFFICER. e.G.. "JANE DOE. NOTARY PUBUC"
Znallyappeared ~ ' /4' kv .
_(SIOF SIGNER(S)
personally known to me . OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s)is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
l....-----.....--~-...........(
... YU-HSIO KAO .
o COMM. # 1385907 s:
I!l . NOTARY PUBlIC.CAlIfORNIA Gl
~ LOS ANGELES COllNTY 0
}.. .. .. ... ::O...M~.~P.:-D:C;.:t?26t
WITNESS my hand and offi . I seal.
OPTIONAL
Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment ot this form.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
DESCRIPTION OF ATTACHED OOCUMENT
TlTtElS1
TITLE OR TYPE OF DOCUMENT
o PARTNER(S) 0 UMITED
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REMESENTING:
.....e OF PERSONISI ClIlENT1TY(lESI
..,
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SIGNER(S) OTHER THAN NAMED ABOVE
101993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave.. P.O. Sox 7184. Canoga Park. CA 91309.7184
Print Map Page
ATTACHMENT 2
City of Temecula
Geographic Information Systems
43200 Business Park Drive Temecula, CA 92590
(951)308-6300 www.cityoftemecula.org
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http://www.cityoftemecula.org/GIS _IntranetIPrint]rocess.asp?xMin=630 193 7.705625&... 07/01/2005
ITEM 11
I
APPROVAL
Wf/@] !
CITY ATTORNEY
DIRECTOR OF FINAN~ IJp-- I
CITY MANAGER )I I
CITY OF TEMECULA
AGENDA REPORT
TO: City ManagerlCity Council
Herman D. Parker, Director of Community servic~ I
FROM:
DATE: July 12, 2005 ,
,
SUBJECT: Boys and Girls Club Ground Lease Amendment
PREPARED BY: Cathy McCarthy, Development Services Administrator
RECOMMENDATION: That the City Council approve the First Amendment to Ground
Lease by and Between the City of Temecula and the Boys and Girls Club of Southwest County
BACKGROUND: The City Council approved a Ground Lease Agreement for the
Boys and Girls Club of Southwest County on October 28, 2003. The original Ground Lease
Agreement allowed the Boys and Girls Club to place a 5,000 square foot modular facility at Kent
Hintergardt Memorial Park. This facility would be a satellite Boys and Girls Club and enable the
Boys and Girls Club to provide a variety of youth recreation activities and programs. The Kent ,
,
Hingtergardt Memorial Park location was ideal given that it is located adjacent to a new middle
school and within a park setting. This provides easy access for middle school participants in a
park setting. ,
The first amendment to this agreement changes the facility from a modular building to a
permanently constructed building. It also provides for the City Manager to approve future minor
amendments to the Ground Lease Agreement. The new development plan for the Boys and
Girls Club was approved by the Planning Commission on May 18, 2005.
FISCAL IMPACT: None
ATTACHMENTS: 1) Ground Lease Amendment I
2) Building Elevation ,
3) Building Floor Plan
,
I
,
!
,
R:\McCarthC\Agenda Reports\Boys and Girls Club Ground Lease Amendment.doc ,
I
Attachment 1
FIRST AMENDMENT TO GROUND LEASE BY AND
BETWEEN THE CITY OF TEMECULA AND THE BOYS
AND GIRLS CLUB OF SOUTHWEST COUNTY
THIS FIRST AMENDMENT is made and entered into as of July 12,2005 by and
between the City of Temecula, a municipal corporation ("Landlord") and the Boys and Girls
Club of Southwest County, a California non-profit corporation ("Tenant"). In consideration of
the mutual promises set forth herein and in the Ground Lease, the parties agree to amend the
Ground Lease as follows.
Section 1. Recitals. The parties agree that this First Amendment is made with respect
to the following facts and for the following purposes, which the parties agree are true and
correct:
A. On October 28, 2003, the Landlord and Tenant entered into that certain
ground lease entitled "Ground Lease by and between City of Temecula, a municipal corporation,
as Landlord and Boys and Girls Club of Southwest County, a California non-profit corporation
as Tenant" ("Ground Lease").
B. The Ground Lease contemplated the use of a modular building for the
proposed Boys and Girls Club facility. Now the Tenant is proposing a larger permanent
building. As a result, certain modifications to the Ground Lease, acceptable to the Landlord, are
required.
Section 2.
Section l.l of the Ground Lease is hereby amended to read as follows:
"1.1 Demise. Landlord hereby leases the Premises to Tenant
and Tenant hereby leases the Premises from Landlord, subject in
each case to: (i) all covenants, conditions, restrictions, easements
and other matters of record and any other matters affecting title
thereto (including matters visible upon inspection or that would be
revealed by an AL T A survey), and (ii) the terms and conditions
hereinafter set forth. The Premises as set forth on Exhibit A also
includes such additional areas, shown on Exhibit A, which are
needed for: (I) temporary construction uses and staging during
building construction; and (2) utility connections necessary to
serve the approved building. The City Manager of the Landlord
shall have the authority to further amend the Ground Lease and
Exhibit A to provide for temporary construction areas and for
underground utility connections as may be required for the
approved building. Additionally, Landlord hereby further grants a
non-exclusive license to Tenant to use the restrooms located in the
park adjacent to the Premises which are shown on Exhibit A."
828275.1 7/6//05
I
Attachment 1
Section 2. Exhibit A to Ground Lease. Exhibit A to the Ground Lease,
Legal Description of Land, is hereby amended in full and a new Exhibit A substituted in place
thereof as is attached hereto as Attachment I to this First Amendment and is incorporated herein
as though set forth in full.
Section 3. Modular Units. Section 7.4 ofthe Ground Lease, Modular Units, is
hereby deleted from the Ground Lease as it is no longer necessary.
Section 4. Ownership of Improvements. Section 7.5 of the Ground Lease,
Ownership of Improvements, is hereby amended to read as follows:
"7.5 Ownership ofImprovements. All improvements and
alterations made by Tenant shall become the property of Landlord
upon the expiration or termination of this Lease."
Section 5. No Other Changes to Ground Lease. Except for the modifications
to the Ground Lease as specifically set forth herein, all other terms and provisions of the Ground
Lease shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day
and year first above written.
CITY OF TEMECULA,
a municipal corporation
Jeff Comerchero
Mayor
ATTEST:
Susan Jones, CMC
City Clerk
Approved as to Form:
Peter M. Thorson
City Attorney
828275.1 7/6/105
2
,
Attachment 1
BOYS AND GIRLS
SOUTHWEST COUNTY,
nonprofit corporation
CLUB OF
a California
By:
Name:
Title:
By:
Name:
Title:
828275.1 7/6//05
3
828275,1 7/6//05
Attachment 1
Attachment 1 to First Amendment to Ground Lease
EXHIBIT "A" to Ground Lease
Le2al Descrintion of Land
(Julv 12.2005)
(Attached.)
4
EXHIBIT "A"
LEGAL DESCRIPTION
GROUND LEASE EASEMENT
KENT HlNTERGARDT PARK
THAT PORTION OF PARCEL 184 OF TRACT MAP 23267-2, AS SHOWN ON A
TRACT MAP ON FILE IN BOOK 237 AT PAGES 63 THROUGH 69, INCLUSIVELY
OF TRACT MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE
COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF VIA DEL
CORONADO AND VIA CORDOBA AS SHOWN ON SAID MAP, SAID POINT
BEING MARKED BY A I-INCH IRON PIPE TAGGED R.C.E. 14594 PER SAID
MAP; SAID POINT ALSO BEING ON THE ARC OF A 1200.00 FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS
NORTH 33 DEGREES 00' 00" EAST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 18 DEGREES 04' 37", A DISTANCE OF 378.61 FEET;
THENCE LEAVING SAID CURVED LINE, RADIALLY NORTH 14 DEGREES 55'
23" EAST, 10.95 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 53 DEGREES 30' 01" EAST 80.00 FEET;
THENCE NORTH 36 DEGREES 29' 59" WEST 112.00 FEET;
THENCE SOUTH 53 DEGREES 30' 01" WEST 80
.00 FEET;
THENCE SOUTH 36 DEGREES 29' 59" EAST 112.00 FEET TO THE TRUE POINT
OF BEGINNING;
CONTAINING 8,960.00 SQUARE FEET OR .206 ACRES MORE OR LESS.
THE DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED "EXHIBIT B"
AND THEREBY BEING MADE A PART HEREOF.
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PREPARED UNDER MY SUPERVISION:
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REGISTERED ENGINEER NO. 21914
EXPIRES 9-30-05
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NO. DIRECTION
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@ QUITCl.AIN DEED RECORDED MARCH 22, 1994
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CITY OF TEMECULA
DEPARTI/ENT OF PUBUC IIOVf(S
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ITEM 12
ORDINANCE NO. 05-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF TEMECULA AND AGK GROUP, LLC",
ESTABLISHING CERTAIN DEVELOPMENT RIGHTS FOR THE
TEMECULA EDUCATION CENTER (PA04.0582 AND PA05-
0070).
WHEREAS, Gary Wiggle, representing AGK Group, LLC, filed Planning Application Nos.
PA05-0122, Development Agreement; PA04-0582, Zone Change and Development Plan; and
PA05-0070, a Tentative Parcel Map for the property consisting of approximately 40.0 acres
generally located at the northwest corner of Diaz Road and Dendy Parkway, known as Assessor
Parcel No. 909-370-002; and
WHEREAS, Government Code Section 65864 authorizes the City to enter into binding
development agreements with persons having legal or equitable interests in real property for the
development of such property in order to, among other matters: ensure high quality
development in accordance with comprehensive plans; provide certainty in the approval of
development projects so as to avoid the waste of resources and the escalation in the cost of
housing and other development to the consumer; provide assurance to the applicants for
development projects that they may proceed with their projects in accordance with existing
policies, rules and regulations and subject to conditions of approval, in order to strengthen the
public planning process and encourage private participation in comprehensive planning and
reduce the private and public economic costs of development; and provide for economic
assistance to Owner for the entitlements authorizing development related improvements.
WHEREAS, the applications for the Project were processed and an environmental
review was conducted as required by law, including the California Environmental Quality Act;
and
WHEREAS, the Planning Commission of the City of Temecula held a duly noticed public
hearing on May 4, 2005 to consider the applications for the Project and environmental review, 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
WHEREAS, 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. 2005-30, recommending that the City Council approve a Development
Agreement for the Temecula Education Center for property generally located at the northwest
corner of Diaz Road and Dendy Parkway, known as Assessor Parcel No. 909-370-002; and
WHEREAS, on June 28, 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
WHEREAS, at the conclusion of the City Council hearing and after due consideration of
the testimony, the City Council approved the Development Agreement for the Project subject to
and based upon the findings set forth hereunder;
R:/Ords 2005/0rds 05-10
WHEREAS, all legal preconditions to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby
incorporated by reference.
Section 2. The City Council, in approving the Development Agreement proposed in
Planning Application PA05-0122, hereby makes the following findings:
A. The Development Agreement and the project, as defined in the Development
Agreement, implement the goals and policies of the City's General Plan, provide balanced and
diversified land uses, and impose appropriate standards and requirements with respect to land
development and usage in order to maintain the overall quality of life and the environment within
the City.
B. The City has engaged in 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.
C. The Development Agreement is consistent with the City's General Plan, and
each Element thereof.
D. The Development Agreement is being entered into pursuant to and in compliance
with the requirements of Government Code Section 65867.
Section 3. Environmental Compliance. A Final Environmental Impact Report for the
Temecula Education Complex (Environmental Assessment EA-097) was approved by the City
Council on March 16, 2004. Per Section 15162 of the State CEQA Guidelines, when an EIR
has been certified for a project, no subsequent EIR shall be prepared for that project unless the
lead agency determines that substantial changes are proposed or will occur, or that new
information of substantial importance is available. The proposed project substantially conforms
to the conceptual plans for the Temecula Education Complex Final EIR and no new information
of substantial importance regarding the environmental review of the project has arisen since the
EIR was approved. Therefore, the City Council finds that the proposed project is consistent with
the Final EIR for the Temecula Education Complex.
Since the adoption of the Final EIR, the Riverside County Multiple Species Habitat Conservation
Plan (MSHCP) has gone into effect. Consistent with the MSHCP, a Habitat Acquisition and
Negotiation Strategy (HANS) report is being prepared for the project. The applicant will be
required to meet the requirements, if any, of that report prior to issuance of a grading permit
Section 4. The City of Temecula City Council hereby approves the Development
Agreement proposed in Planning Application PA05-0122 to establish a vested right for the
developer to implement the development pursuant to the Development Plan approvals; to
establish that neither the developer nor merchant builder shall be subject to any new or revised
fees or charges; and to establish that the City shall charge Development Impact Fees for the
project in the amount the City charged, in all categories, on March 16,2004, for a site generally
R:/Ords 2005/0rds 05-10
2
located at the northwest corner of Diaz Road and Dendy Parkway, known as Assessor Parcel
No. 909-370-002, in the form attached to this Ordinance as Exhibit A.
Section 5. Severability. If any sentence, clause or phrase of this Ordinance is for
any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the
validity of the remaining provisions of this ordinance. The City Council hereby declares that 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 6. 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 7. 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 8. 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:/Ords 2005/0rds 05-10
3
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. 05-10 was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 28th day of June, 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:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSENT:
ABSTAIN:
Susan W. Jones, CMC
City Clerk
R:/Ords 2005/0rds 05-10
4
EXHIBIT A
DEVELOPMENT AGREEMENT
R:/Ords 2005/0rds 05-10
5
11086-0092\818544v1.doc
DEVELOPMENT AGREEMENT
By and Between
THE CITY OF TEMECULA,
City,
and
AGK GROUP, LLC
Owner.
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into as of the
_ day of , 2005 ("Agreement Date"), by and between ,
a ("KADING" or "OWNER"), and the CITY
OF TEMECULA, a municipal corporation, organized and existing under the laws of the
State of California (hereinafter "CITY"), pursuant to the authority of Sections 65864
through 65869.5 of the California Government Code and Article XI, Section 2 of the
California Constitution.
RECITALS
This Agreement is predicated upon the following facts:
A. These Recitals refer to and utilize certain capitalized terms which are
defined in this Agreement. The parties intend to refer to those definitions in conjunction
with the use thereof in these Recitals.
B. The Development Agreement Legislation authorizes the CITY to enter into
binding development agreements with persons having legal or equitable interests in real
property for the development of such property in order to, among other matters: ensure
high quality development in accordance with comprehensive plans; provide certainty in
the approval of development projects so as to avoid the waste of resources and the
escalation in the cost of housing and other development to the consumer; provide
assurance to the applicants for development projects that they may proceed with their
projects in accordance with existing policies, rules and regulations and subject to
conditions of approval, in order to strengthen the public planning process and
encourage private participation in comprehensive planning and reduce the private and
public economic costs of development; assist in the financing of public improvements;
protect against initiatives, moratorium (processing or development) and other actions
inconsistent with the Project anticipated by this Agreement; assure reimbursement of
OWNER in accordance with the terms of this Agreement and state and federal law; and
provide for economic assistance to OWNER for the entitlements authorizing
development related improvements.
C. KADING is, or will be the owner of certain real property within the City of
Temecula, the County of Riverside, State of California ("KADING Property"), as more
particularly described in Attachment "1", including a plat graphically depicting each
respectively. OWNER desires to develop the Property in accordance with the
provisions of this Agreement, the Existing Regulations and those regulations of other
agencies exercising jurisdiction upon the project. The Scope of Development of the
Property as contemplated by this Agreement is described below.
D. OWNER has applied for, and the CITY has agreed to, this Agreement in
order to create a beneficial project and a physical environment that will conform to and
complement the goals of the CITY, create a development project sensitive to human
needs and values, facilitate efficient traffic circulation, and develop the Property. As
11086-0092\818544v1.doc
part of the process of granting this entitlement, the City Council of the CITY has
required the preparation of and has certified the Project EIR in order to identify any
significant environmental effects arising from the Development and has otherwise
carried out all requirements of the California Environmental Quality Act ("CEQA") of
1970, as amended.
E.
Project:
The following actions were taken with respect to this Agreement and the
1. On " following a duly noticed and
conducted public hearing, the City Planning Commission recommended that the City
Council approve this Agreement, the General Plan amendment, the Specific Plan,
Rezone and Tentative Map No. , by adoption of its Resolution No. and
making the findings of fact thereto;
2. On , after a duly noticed public hearing and
pursuant to CEQA, the City Council certified the Project EIR and adopted the Mitigation
Monitoring and Reporting Program by adoption of its Resolution No. and making
the findings of fact thereto;
3. On , after a duly noticed public hearing, the City
Council determined that the provisions of this Agreement are consistent with the
General Plan of the CITY by adoption of its Resolution No. and making the
findings of fact thereto; .
4. On , after a duly noticed public hearing, the City
Council approved the Specific Plan, the General Plan amendment, the Rezone and
Tentative Map No. by adoption of its Resqlution No.
Ordinance No. _ and making the findings of fact thereto;
5. On , after a duly noticed public hearing, the City
Council introduced Ordinance No. approving and authorizing the execution of
this Agreement and on , the City Council adopted the Ordinance, a
copy of which is on file with the City Clerk of the CITY, and the findings and conditions
pertaining thereto.
F. The CITY has engaged in extensive studies and review of the potential
impacts of the Project under the California Environmental Quality Act and all applicable
Existing Regulations, as well as the various potential benefits to the CITY by the
development of the Project and concluded that the Project is in the best interests of the
CITY.
G. In consideration of the substantial public improvements and benefits
already provided and those to be provided by OWNER and the Project, as described in
Attachment 2, in further consideration of the benefits that will inure to the CITY in
conjunction with the implementation of the Project and in order to strengthen the public
financing and planning process and reduce the economic costs of development, by this
Agreement, the CITY intends to give and by this Agreement gives, OWNER assurance
lI086-0092\818544v\.doc
2
4/20/05
that OWNER can proceed with the Development of the Project for the Term of this
Agreement pursuant to the terms and conditions of this Agreement and in accordance
with the Development Plan Approval(s) and the Existing Regulations. In reliance on the
CITY's covenants in this Agreement concerning the Development of the Property,
OWNER has and will in the future incur substantial indebtedness, as well as costs in
planning, engineering, site preparation and the construction and installation of major
infrastructure and facilities that OWNER would not incur but for the covenants of CITY
provided in this Agreement.
H. Pursuant to Section 65867.5 of the Development Agreement Legislation,
the City Council has found and determined that: (i) this Agreement and the
Development Plan Approval(s) implement the goals and policies of the CITY's General
Plan and the Specific Plan, provide balanced and diversified land uses and impose
appropriate standards and requirements with respect to land development and usage in
order to maintain the overall quality of life and the environment within the CITY, (ii) this
Agreement and the Project are in the best interests of and not detrimental to the public
health, safety and general welfare of the CITY and its residents; (iii) adopting this
Agreement is consistent with the CITY's General Plan and constitutes a present
exercise of the CITY's police power; and (iv) this Agreement is being entered into
pursuant to and in compliance with the requirements of Section 65867 of the
Development Agreement Legislation.
I. The CITY and OWNER agree that it may be beneficial to enter into
operating memoranda, additional agreements or to modify this Agreement with respect
to the implementation of the separate components of the Project when more information
concerning the details of each component is available, and that this Agreement should
expressly allow for such contemplated operating memoranda, additional agreements or
modifications to this Agreement.
AGREEMENT
NOW, THEREFORE, pursuant to the authority contained in the Development
Agreement Legislation, pursuant to Article XI, Section 2 of the California Constitution,
and in consideration of the foregoing recitals of fact, all of which are expressly
incorporated into this Agreement, the mutual covenants set forth in this Agreement, the
parties agree as follows:
1. Definitions.
Unless the context otherwise requires, the terms defined in this Section 1 shall,
for all purposes of this Agreement, or any supplemental agreement, and any certificate,
opinion or other document herein mentioned, have the meanings herein specified. All
references herein to "Articles," "Sections" and other subdivisions are to the
corresponding Articles, Sections or subdivisions of this Agreement, and the word
"herein," "hereof," "hereunder" and other words of similar import refer to this Agreement
as a whole and not to any particular Article, Section or subdivision hereof.
11086-oo92\818544v i.doc
3
4120/05
"Agreement Date" means , 2005, the date of the second
introduction and reading of the Authorizing Ordinance by the City Council.
"Authorizing Ordinance" means Ordinance No.
this Agreement.
"CITY" means the City of Temecula, a California municipal corporation, duly
organized and existing under the Constitution and laws of the State of California, and all
of its officials, employees, agencies and departments and assignees or successors.
of the CITY approving
"City Council" means the duly elected and constituted City Council of the CITY.
"Develop" or "Development" or "Developing" means the improvement of the
Property for purposes consistent with the Development Plan, including, without
limitation: subdividing, grading, the construction of infrastructure and public facilities
related to the Off-Site Improvements, the construction of structures and buildings and
the installation of landscaping, all in accordance with the phasing provided for herein.
"Development Agreement Legislation" means Sections 65864 through
65869.5 of the California Government Code as it exists on the Agreement Date.
"Development Impact Fees" or "DIF" means, individually and in the aggregate,
the CITY's currently adopted development impact fees as set forth in Ordinance No. 97-
09 in effect as of the Agreement Date as set forth in the Temecula Municipal Code in
"Development Plan" means the plan for Developing the Property contained in
this Agreement, the City of Temecula General Plan as amended on ,
2001 and as thereafter amended in accordance with Section 3.6 hereof, the Project EIR
(including Mitigation Monitoring Program) and those Future Development Approvals,
approved in conformance with Section 3.7 hereof.
"Development Plan Approval(s)" means the approvals of the City Council and
other governmental agencies and other actions and agreements described in
Attachment 2 hereto, including those amendments to this Agreement made in
accordance with Section 3.5, those amended to the Development Plan Approvals made
in accordance with Section 3.6 and those Future Development Approvals made in
accordance with Section 3.7.
"Development Transferee" means a person or entity that expressly assumes
obligations under this Agreement pursuant to Section 2.5 hereof.
"Effective Date" means the date the Authorizing Ordinance becomes effective.
"Existing Regulations" means those ordinances, rules, regulations and official
policies of the CITY other than the Development Plan Approval(s) in effect on the
Agreement Date, which govern the permitted uses of the Property, building heights, the
size of structures, the density and intensity of use of the Property, the timing, fees, and
11086-0092\8 J 8544v J.doc
4
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conditions to Development, exactions, assessments, the procedures for, and types of,
permits required for the Development, the provisions for reservation or dedication of
land for public purposes and the design, improvement and construction standards and
specifications applicable to the Property and the infrastructure required for the
Development.
"Future Development Approvals" means those entitlements and approvals that
are: (a) made in accordance with Section 3.7; and (b) requested by the CITY or
OWNER in order to authorize the Development to occur upon the Property in a manner
consistent with the Development Plan Approval(s). By way of enumeration, and not
limitation, the Future Development Approvals include actions such as development
plan review, tentative maps, final maps, use permits, variances, grading permits,
occupancy permits and building permits.
"KADING" means AGK Group, LLC, 35411 Paseo Viento, Capistrano Beach,
CA, 92624.
"KADING Development" means the Development located on the OWNER
Property, and Public Infrastructure Improvements related thereto.
"KADING Property" means that certain real property that is part of the Property,
as described in Attachment 1 hereto and subject to refinement upon recordation of the
final "A" map.
"Merchant Builder" means a buyer, assignee, or transferee (other than the
OWNER or any End User) of one or more individual lots or tracts of the Project,
acquiring such lots or tracts for the purpose of engaging in the business of developing,
improving, or using such lots or tracts for development.
"OWNER" is KADING and others who subsequently are assigned the rights and
obligations of OWNER pursuant to Section 2.5 hereof.
"Planning Commission" means the duly appointed and constituted planning
commission of the CITY.
"Project" means the development of the Property as set forth in the
Development Plan Approval(s).
"Project EIR" means that environmental impact report prepared for the Project,
as certified on , 2005.
"Property" means that certain real property described in Attachment 1 hereof.
"Term" means the time frames set forth in Section 2.3.
2. General Provisions.
2.1 Bindino Covenants. Except as otherwise provided for in this Agreement,
the provisions of this Agreement to the extent permitted by law, conslilute covenants
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which shall run with the Property for the benefit thereof, and the benefits and burdens of
this Agreement shall bind and inure to the benefit of the parties, all successors in
interest to the parties hereto to the extent provided for in this Agreement.
2.2 Interest of OWNER. OWNER represents that OWNER owns fee simple
interest in the Property. [IS THIS CORRECT NOW?]
2.3 Term. This Agreement shall become effective on the Effective Date.
Unless terminated pursuant to Section 2.4, with respect to the KADING Property, this
Agreement shall terminate at 11 :59 p.m. on the tenth (101h) anniversary of the Effective
Date of this Agreement. The termination shall occur subject to specific extensions,
force majeure, revisions, and termination provisions of this Agreement.
2.4 Termination.. This Agreement shall be deemed terminated and of no
further effect, except for those covenants and agreements that expressly survive
termination, upon the occurrence of any of the following events:
2.4.1 If termination occurs pursuant to any specific provision of this
Agreement, including, without limitation, a termination in the event of default;
2.4.2 Completion of the total build-out of the Development pursuant to
the terms of this Agreement and the CITY's issuance of all required occupancy permits
and acceptance of all dedications and improvements required to complete
Development; or
2.4.3 Entry after all appeals have been exhausted of a final judgment or
issuance of a final order directed to the CITY as a result of any lawsuit filed against the
CITY to set aside, withdraw, or abrogate the approval of the City Council of this
Agreement.
2.4.4 The expiration of the Term as set forth in Section 2.3.
To provide notice to all, and not as a condition of the effectiveness of a
termination of this Agreement, the parties agree to execute and record terminations of
or releases of this Agreement.
2.5 Transfers and AssiQnments.. OWNER's reputation, resources and
corporate history are a material component of CITY's decision to enter into this
Agreement. The CITY, but for the factors attributable to OWNER, would not have
agreed to the terms and conditions set forth in this Agreement. In light of such reliance
CITY desires to be provided assurances in regards to any successor to OWNER's
rights, duties and obligations which arise, directly or indirectly, under this Agreement.
CITY also does not desire to unduly intervene in OWNER's business affairs. In order to
satisfy the goals and objectives of CITY, and to allow the OWNER reasonable freedom
in regards to its business affairs, CITY and OWNER agree to the following provisions
regarding transfers and assignments.
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2.5.1 Assignments and/or Transfers Involving No Assignment or
Transfer of Specified Rights, Duties and Obligations Under the Development
Agreement. OWNER, at any time and from time to time, may transfer to any person,
firm or entity that lawfully capable of assuming the same, any interest the OWNER may
possess in the Property or the Development Plan, without the prior approval of CITY
provided that, prior to the completion of the transaction which shall result in the transfer
or assignment of the subject interest OWNER shall cause the following to occur:
(i) OWNER shall give written notice to CITY of the proposed
assignment or transfer, including the name of the transferee or assignee, the business
address, facsimile number, telephone number and email address of the transferee or
assignee, a reasonably detailed description of the interest being transferred or assigned
and the anticipated date of the transfer.
(ii) OWNER's legal counsel shall deliver a formal written
opinion, for benefit of CITY and with the purpose of CITY's reliance on the same for all
purposes, that no rights, duties or obligations of OWNER relating to the Additional
Benefits, the Connecting Arterials, the Interchange Improvements, the Off-Site
Improvements and those matters set forth on the Attachments to the Agreement, and
the timely and complete development thereof, are being transferred or assigned as a
result of the transaction.
In the event OWNER cannot provide the documents set forth in Subsection
2.5.1 (i) and 2.5.1 (ii) in the time frame required, OWNER shall obtain CITY's prior written
consent, which shall not be unreasonably withheld. The transferees and assignees
identified pursuant to this subsection shall be referenced as "Non-Obligation
Assigneesrrransferees. "
2.5.2 Assignments and/or Transfers Involving the Assignment or
Transfer of Certain Specified Rights, Duties and Obligations Arising Under the
Development Agreement. OWNER, at any time and from time to time may desire to
transfer to another the OWNER's rights, duties and obligations arising under and from
the Development Agreement in regards to the promises and performances in regards to
the Additional Benefits, the Connecting Arterials, the Interchange Improvements, the
Off-Site Improvements and those matters set forth on the Attachments to the
Agreement. The requirements attendant to the assignment or transfer are:
(i) Prior to the completion of the assignment or transfer the
OWNER shall deliver to CITY the information defined in Subsection 2.5.1 (i) above.
(ii) Prior to the completion of the assignment or transfer
OWNER shall deliver to CITY a duplicate of the instrument by which the subject rights
duties and obligations are to be assignee or transferee including a description of the
security being offered CITY to ensure the completion of the rights, duties and
obligations.
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(iii) Prior to the completion of the assignment or transfer
OWNER shall deliver to CITY a proposed opinion prepared by the assignees or
transferees legal counsel, to the benefit of CITY which both identifies with particularity
those rights, duties and obligations under the Development Agreement to be assumed
by the assignee or transferee and which unequivocally acknowledges that the assignee
or transferee is bound by the terms of the Development Agreement and acknowledges
the CITY may enforce the Development Agreement against such Party.
(iv) Prior to the completion of the assignment or transfer
OWNER shall deliver to CITY an estoppel certificate, at no cost to CITY, wherein
OWNER specified and acknowledges those obligations under the Development
Agreement which OWNER has retained.
(v) CITY shall promptly review the documents submilled, at
such time all of the documents are received by CITY and shall thereafter provide a
written response to OWNER. CITY shall limit its review to the determination of (a) is the
security for the subject performances reasonably adequate to cause the subject rights,
duties and obligations to be completed as required by the Agreement and b) do the
documents reasonably provide the information and conform to the standards and
requirements expected of such instrument when the same is prepared by a competent
legal practitioner. CITY shall deliver its written review, including the changes CITY
requires as a precondition to the issuance of its consent, to OWNER. In the event
CITY's requests are accepted by OWNER, a duplicate set of the execution ready
documents shall be provided to CITY prior to the close of the transaction for the
purpose of CITY confirming all changes were correctly made therein. CITY shall
thereafter be provided final, executed duplicates of the items described in Subsection
2.5.2(ii), (iii), and (iv) above concurrently with the completion of the transaction
effectuating the assignment or transfer. The assignee or transferee shall be referenced
as the "Development Transferee with Obligations."
2.5.3 Effect of Assignment or Transfer. Unless expressly set forth to
the contrary in this Agreement CITY shall require OWNER to perform all promises,
duties and obligations set forth in the Development Agreement with the sole exception
of those which CITY has consented to be assigned or transferred to a development
Transferee with Obligations. CITY shall look only to the Development Transferee to
perform the obligations such party is obligated to perform.
3. Development Provisions.
3.1 Vestina.
3.1.1 Project. CITY covenants that OWNER has, and OWNER shall
have, the right to implement the Development pursuant to the Development Plan
approvals and the existing regulations, including, without limitation, 288 multi-family residential
units and 266,518 square feet of commercial and educational development as provided for in
the Development, and the CITY shall have the right to control the Development in
accordance with the Existing Regulations and the Development Plan Approval(s)
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("vested right"). Except as otherwise expressly specified in this Agreement, the
Development Plan Approval(s) shall control the design and development, and review
and approval of all Future Development Approvals and all Off-Site Improvements and
appurtenances in connection therewith. Except to the extent it has been amended,
canceled, modified or suspended in accordance with the terms of this Agreement, this
Agreement shall be enforceable by OWNER or its assignees notwithstanding any
change in any Existing Regulation.
3.1.2 Limits on Development. The California Supreme Court held in
Pardee Construction Companv v. City of Camarillo, 37 Cal.3d 465 (1984), that the
failure of the parties to address certain limits on a CITY's ability to condition, restrict or
regulate a development allowed a later adopted initiative to restrict the development.
This Agreement cures that deficiency by expressly addressing the timing for the
Development, the vested rights afforded by this Agreement and the scope of the CITY's
Reserved Authority. Except as expressly set forth in the Development Plan Approval(s),
regardless of any future enactment, by initiative, or otherwise, OWNER shall have the
discretion to develop the Development in such order, and at such rate, in one phase or
in multiple phases, at such times as OWNER deems appropriate within the exercise of
its subjective business judgment. Specifically, the CITY agrees that OWNER shall be
entitled to apply for and receive the Future Development Approvals and to develop and
use the Property at any time during the term of this Agreement, provided that such.
application is made and such development occurs in accordance with this Agreement,
the other Development Plan Approval(s) and the Existing Regulations. The CITY
covenants that no Existing Regulation purports to limit the scope, rate or timing of
Development or alter the sequencing of Development in a manner inconsistent with the
Development Plan Approval(s). No future amendment of any CITY law, or future
adoption of any CITY law or other action, that purports to limit the scope, rate or timing
of Development on the Property or alter the sequencing of the Development, in a
manner inconsistent with the Development Plan Approval(s), whether adopted or
imposed by the City Council or through the initiative or referendum process, shall apply
to the Property. In particular, but without limiting any of the foregoing, no numerical
restriction shall be placed by CITY on the number of dwellings units or amount of
commercial development that may be built in any particular year on any portion of th(3
Property other than permitted by this Agreement.
3.1.3 Entitlements, Permits and Approvals - Cooperation.
3.1.3.1 Processing. CITY agrees that it shall accept and
expeditiously process, pursuant to CITY's regular procedures, OWNER's applications
for amendments to this Agreement, amendments to the Development Plan Approval(s)
and the Future Development Approvals.
3.1.3.2 Further Mitigation. In connection with the issuance of
any Future Development Approvals which are subject to review under CEQA, unless
required under the California Public Resource Code and the Guidelines promulgated
thereunder, the CITY shall not impose any environmental land use project alternatives
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or mitigation measures on OWNER or the Property beyond those referenced in the
Development Plan Approval(s).
3.1.3.3 Other Permits. The CITY further agrees to reasonably
cooperate with OWNER, at no cost to the CITY, in securing any County, State and
Federal permits or authorizations which may be required in connection with
Development of the Property. Except as expressly provided for in this Agreement, this
cooperation shall not require any economic contribution or similar consideration by the
CITY.
3.1.3.4 Litigation. The CITY agrees to reasonably cooperate
with OWNER in all reasonable manners in order to keep this Agreement in full force and
effect. If any legal action is instituted by a third party or other governmental entity or
official challenging the Development Plan Approval(s) or Future Development
Approvals, the parties hereby agree to cooperate in jointly defending such action.
Notwithstanding the foregoing OWNER shall be responsible for all costs, including, but
not limited to, attorneys fees, costs, expert witnesses and the like. OWNER shall
reimburse CITY its costs within thirty (30) calendar days of receipt of any invoice by
OWNER.
3.1.3.5 Acquisition of Off-Site Property. The CITY shall not
postpone or refuse approval of a Future Development Approval because the OWNER or
Development Transferee has failed to acquire off-site property required for the
construction or installation of Off-Site Improvements. To the extent the CITY, OWNER
or a Development Transferee does not have sufficient title or interest to permit the
Public Infrastructure Improvements to be made at the time the Future Development
Approval is filed with the CITY, the applicable OWNER or Development Transferee shall
make a good faith effort to acquire the required property. If the OWNER or
Development Transferee is unable to acquire the required property, the CITY shall
consider in good faith the acquisition of the required property. Subject to the following if
the CITY is unable to acquire the required property by negotiation or condemnation
within the time frame provided for in Government Code Section 66462.5, the CITY shall
continue to issue Future Development Approvals for the Project despite the fact that the
improvement has not been completed. Notwithstanding the above, the CITY's obligation
to continue to issue Future Development Approvals as provided for in this Section is
contingent upon: (i) the applicable OWNER or Development Transferee submitting the
improvement plans required for the improvement to the CITY; and (ii) consistent with
Government Code Section 66462.5, the OWNER or Development Transferee enters
into an agreement with the CITY to reimburse the CITY for costs incurred by the CITY in
acquiring the required property; and (iii) so long as OWNER or Development Transferee
has deposited with CITY an amount equal to the costs of the Public Infrastructure
Improvement(s) which are uncompleted. CITY may use these funds for community
circulation/transportation improvements in its sole discretion.
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3.2 Reserved Authoritv.
3.2.1 Uniform Codes. This Agreement shall not prevent the CITY from
applying new uniform construction standards adopted by the State of California as State
Codes, such as the Uniform Building Code, National Electrical Code, Uniform
Mechanical Code or Uniform Fire Code, to the Development, provided those same
standards are applied to all other development within the CITY.
3.2.2 State and Federal Laws and Regulations. Subject to compliance
with the requirements of this Section 3.2.2, the Property may be subject to subsequently
enacted state or federal laws or regulations which preempt local regulations, or
mandate the adoption of local regulations, and are in conflict with the Development Plan
Approval(s). Upon discovery of a subsequently enacted federal or state law meeting
the requirements of this Section, CITY or OWNER shall provide the other parties with
written notice of the state or federal law or regulation, provide a copy of the law or
regulation, and a written statement of conflicts with the provisions of this Agreement.
Promptly thereafter CITY and OWNER shall meet and confer in good faith in a
reasonable attempt to determine whether a modification or suspension of this
Agreement, in whole or in part, is necessary to comply with such federal or state law or
regulation. In such negotiations, CITY and OWNER agree to preserve the terms of this
Agreement and the rights of OWNER as derived from this Agreement to the maximum
feasible extent while resolving the conflict. CITY agrees to cooperate with OWNER in
resolving the conflict in a manner which minimizes any financial impact of the conflict
upon OWNER without materially increasing the financial obligations of CITY under this
Agreement. CITY also agrees to process in a prompt manner OWNER's proposed
changes to the Project as may be necessary to comply with such Federal or State law;
provided, however, that the approval of such changes by CITY shall be subject to the
discretion of CITY, consistent with this Agreement.
3.2.3 Regulation for Health and Safety. Nothing in this Agreement
shall be construed to be in derogation of CITY's police power to protect the public health
and safety from a sudden, unexpected occurrence, involving a clear and imminent
danger, demanding immediate and interim action to prevent or mitigate loss of, or
damage to, life, health, property, or essential public services involving the Property or
the immediate community ("Exigent Event"). Upon discovery of an Exigent Event, CITY
may suspend this Agreement for a period reasonably necessary to analyze, evaluate
and develop a response to the Exigent Event following delivery of written notice of
suspension to OWNER. Immediately thereafter, the suspension shall end and CITY
shall provide the OWNER with written notice of the existence of the Exigent Event, a
detailed explanation of the CITY's proposed action, and a written statement of conflicts
with the provisions of this Agreement. Promptly thereafter CITY and OWNER shall
meet and confer in good faith in a reasonable attempt to determine whether a
modification or suspension of this Agreement, in whole or in part, is necessary to
comply with the Exigent Event. In such negotiations, CITY and OWNER agree to
preserve the terms of this Agreement and the rights of OWNER as derived from this
Agreement to the maximum feasible extent while resolving the conflict. CITY agrees to
cooperate with OWNER in resolving the conflict in a manner which minimizes any
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financial impact of the conflict upon OWNER without materially increasing the financial
obligations of CITY under this Agreement. CITY also agrees to process in an expedited
manner OWNER's proposed changes to the Project as may be necessary to comply
with the Exigent Event; provided, however, that the approval of such changes by CITY
shall be subject to the discretion of CITY, consistent with this Agreement.
3.3 Further Assurances to OWNER Re!:lardin!:l Exercise of Reserved
Authoritv
3.3.1 Assurances to OWNER. The parties further acknowledge that the
public benefits to be provided by OWNER to the CITY pursuant to this Agreement are in
consideration for and reliance upon assurances that the Property can be developed in
accordance with the Development Plan Approval(s) and the Existing Regulations.
Accordingly, while recognizing that the Development of the Property may be affected by
the exercise of the authority and rights reserved and excepted as provided in Sections
3.1 and 3.2 ("Reserved Authority"), OWNER is concerned that normally the judiciary
extends to local agencies significant deference in the adoption of rules, regulations and
policies which might otherwise permit the CITY, in violation of the Reserved Authority, to
attempt to apply rules, regulations and policies that are inconsistent with the
Development Plan Approval(s). Accordingly, OWNER desires assurances that the
CITY shall not, and the CITY agrees that it shall not, further restrict or limit the
development of the Property in violation of this Agreement except in strict accordance
with the Reserved Authority, which excuse shall not be considered to be a violation of
this Agreement.
3.3.2 Judicial Review. Based on the foregoing, if OWNER judicially
(including by way of a reference proceeding) challenges the application of a future rule,
regulation or policy as being in violation of this Agreement and as not being applied in
accordance with the Reserved Authority, OWNER shall bear the burden of alleging that
such rule, regulation or policy is inconsistent with the Existing Regulations and the
Development Plan Approval(s) and the CITY shall thereafter bear the burden of proof in
establishing by a preponderance of the evidence that such regulation was adopted
pursuant to and in accordance with the Reserved Authority and was not applied by the
CITY in violation of this Agreement.
3.4 Consistent and Inconsistent Enactments.No Confiicting Enactments.
The CITY shall not enact a rule, regulation, ordinance, policy, permit or other measure
(collectively "Law"), nor take any action applicable to the Project or the Property, which
governs the rate, timing, scope, intensity, use, density, manner, or sequencing of the
Development, or any part thereof and which is inconsistent or in conflict with the
Development Plan Approval(s). By way of enumeration, and not limitation, any law,
action or inaction, whether by specific reference to the Project, this Agreement or
otherwise, shall be considered to conflict if it:
3.4.1.1 Restricts the vested rights described in the Agreement or
in any way limits or reduces the rate, timing, scope, intensity, use, density, manner, or
sequencing of the Development or otherwise requires any reduction or increase in the
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,
number, size, height or square footage of lot(s), structures, buildings or other
improvements, modifies the standards and specifications applicable to the infrastructure
required for the Development or requires additional dedications, exactions, fees or
mitigation other than that provided for in the Agreement;
3.4.1.2 Is consistent with Section 3.4.1.1 hereof, but is not
uniformly applied by the CITY to all substantially similar development within the CITY; or
3.4.1.3 Imposes a new permit requirement or procedure not
already part of the Existing Regulations.
3.4.2 Consistent Enactments. By way of enumeration and not
limitation, the following type of enactments shall be considered consistent with this
Agreement and Existing Regulations and not in conflict:
3.4.2.1 Any enactment authorized by this Agreement.
3.4.3 Consistency Between This Agreement, the Development Plan
Approval(s) and Existing Regulations. To the extent a conflict exists or develops
between the Existing Regulations and the Development Plan Approval(s), the
Development Plan Approval(s) shall be controlling. To the extent a conflict exists or
develops between this Agreement and any other Development Plan Approval(s)
[excluding all requirements of the EIR], this Agreement shall be controlling.
3.5 Amendment of Development Aareement.
3.5.1 Initiation of Amendment. Either CITY or OWNER may propose
an amendment to this Agreement. No Development Transferee assigned the rights and
obligations of an OWNER pursuant to Section 2.5.3 shall have the right to initiate an
amendment with respect to any property other than the portion of the Property owned
by that Development Transferee. Both CITY and OWNER agree that it may be
beneficial to enter into an amendment of this Agreement in connection with the
implementation of the separate components of the Project. Neither an End User, a
Merchant Builder nor a Development Transferee shall have the right to initiate an
amendment of this Agreement without the written consent of the OWNER. An operating
memorandum, as defined below, is not an amendment of this Agreement.
3.5.2 Changes Requiring an Amendment. Unless otherwise required
by law, neither an amendment to the Development Plan Approval(s) or the approval of a
Future Development Approval shall require an amendment of this Agreement unless the
amendment:
3.5.2.1 Materially alters the permitted uses of the Property as a
whole in a manner inconsistent with the procedures established in the Specific Plan;
3.5.2.2 Increases the density or intensity of use of the Property
as a whole in a manner inconsistent with the procedures established in the Specific
Plan; or
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3.5.2.3 Increases the maximum height and size of permitted
buildings. Notwithstanding anything to the contrary herein, an amendment of this
Agreement is not required if OWNER pursues entitlements, permits or approvals
pursuant to a waiver of vested rights as provided for in Section 4.1.
3.5.3 Procedure. Except as set forth in Section 3.5.5 below, the
procedure for proposing and adopting an amendment to this Agreement shall be the
same as the procedure required for entering into this Agreement in the first instance.
3.5.4 Consent. Any amendment to this Agreement shall require the
written consent of both the CITY and the OWNER whose portion of the Property would
be materially affected by the amendment. No amendment to all or any provision of this
Agreement shall be effective unless set forth in writing, signed by duly authorized
representatives of the CITY and the applicable OWNER, and adopted pursuant to legal
requirements imposed on CITY. An amendment of this Agreement does not require the
consent of an End User, Merchant Builder or Development Transferee unless such
person or entity has uncompleted obligations under this Agreement. To the extent the
consent of the OWNER that did not initiate the amendment is necessary, that OWNER
shall not unreasonably withhold its consent. Notwithstanding the above, that OWNER
shall consent to the amendment on or before the thirtieth (30th) day after receipt of
notice of the initiation of the amendment if, as determined in that OWNER's reasonable
business judgment, that proposed amendment will not have a material adverse impact
on the Development of that OWNER's portion of the Property.
3.5.5 Operating Memoranda. The parties acknowledge that
refinements and further development of the Project may demonstrate that changes are
appropriate with respect to the details and performance of the parties under this
Agreement. The parties desire to retain a certain degree of flexibility with respect to the
details of the Development Plan and with respect to those items covered in general
terms under this Agreement. If and when the parties mutually find that nonsubstantive
changes, adjustments, or clarifications are appropriate to further the intended purposes
of this Agreement, and such are not materially inconsistent with the Development Plan
Approval(s), they may, unless otherwise required by law, effectuate such changes,
adjustments, or clarifications without amendment to this Agreement through one or
more operating memoranda mutually approved by the City Manager, or designee, on
behalf of the CITY and by any corporate officer or other person designated for such
purpose in a writing signed by a corporate officer on behalf of OWNER, which, after
execution, shall be attached hereto as addenda and become a part hereof. Unless
otherwise required by law or by the Development Plan Approval(s), no such changes,
adjustments, or clarifications shall require prior notice or hearing, public or otherwise.
Nothing herein shall authorize the delegation of authority to the City Manager, or
designee, contrary to California or Federal Law.
3.6 Future Amendments to Development Plan Approval(s). The following
rules apply to future amendments to the Development Plan Approval(s), except that
Section 3.5 shall control with respect to a nonsubstantive amendment of this Agreement
and Section 3.7 shall control with respect to Future Development Approvals:
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3.6.1 OWNER's Written Consent. It is contemplated by the parties that
mutually agreed upon amendments to the Development Plan Approval(s) may be
necessary. Any amendments to the Development Plan Approval(s) to which OWNER
does not agree in writing shall not apply to the Property or the Project while this
Agreement is in effect.
3.6.2 Concurrent Development Agreement Amendment. Any other
Development Plan amendment requiring amendment of this Agreement, as provided for
in Section 3.5 hereof, shall be processed concurrently with an amendment to this
Agreement in the manner required by law.
3.6.3 Effect of Amendment. Except as expressly set forth within this
Agreement, an amendment of the other Development Plan Approval(s) will not alter,
affect, impair or otherwise impact the rights, duties and obligations of the parties under
this Agreement. To the extent an amendment to the Development Plan Approval(s) is
approved in accordance with Section 3.6.1, the amendment shall constitute for all
purposes a Development Plan Approval and shall be treated as if it were in existence on
the Agreement Date.
3.7 Future Development Approvals.
3.7.1 Exercise of CITY Discretion. In connection with Future
Development Approval or any other actions which the CITY is expressly permitted to
make under this Agreement relating to the Project, the CITY shall exercise its discretion
or take action in a manner which complies and is consistent with the Development Plan
Approval(s) and the Existing Regulations.
3.7.2 Concurrent Development Agreement Amendment. Any Future
Development Approval requiring amendment of this Agreement, as provided for in
Section 3.5 hereof, shall be processed concurrently with an amendment to this
Agreement.
3.7.3 Effect of Future Development Approvals. Except as expressly
set forth within this Section 3.7, a Future Development Approval will not alter, affect,
impair or otherwise impact the rights, duties and obligations of the parties under this
Agreement. To the extent a Future Development Approval is approved in accordance
with Sections 3.7.1 and 3.7.2, the Future Development Approval shall constitute for all
purposes a Development Plan Approval and shall be treated as if it were in existence on
the Agreement Date.
4. Obliqations of the Parties.
4.1 Benefits to CITY. The direct and indirect benefits the CITY (including,
without limitation the existing and future residents of the CITY) will receive from the
approval of the Development Plan Approval(s) generally include, but are not limited to,
the items identified below. Nothing in the Development Plan Approval(s) or otherwise
obligate OWNERS to construct the Development or any part thereof. OWNER further
reserves the right to waive, in whole or in part, the vested rights afforded by the
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Development Plan Approval(s), and pursue entitlements, permits or approvals other
than those provided for in the Development Plan Approval(s).
4.1.1 Growth Management. The Project conforms to the CITY's effort to
manage growth through the use of, among other things, comprehensive planning and
design, project-wide continuity of landscaping and architectural design, design
standards and layout concepts exceeding the CITY's standards for residential
development, and the village-center concept.
4.2 Development Fees.
4.2.1 Fee Rates. The CITY hereby agrees that neither the Property
OWNER or Merchant Builder, nor except as provided hereunder the Development shall
be subject to any new or revised fees or charges, including, without limitation,
Development Impact Fees, that the CITY may enact, adopt, or impose on or after the
Agreement Date.
4.2.2 Processing and Application Fees. OWNER shall pay the
application and processing fees customarily imposed on the type of entitlement sought
at the rate, and in the amount, imposed by CITY pursuant to the fee schedule,
resolution or ordinance applicable to all projects in the CITY and in effect at the time the
application is deemed complete and accepted by CITY for action.
4.2.3 Fees for the KADING Property. Notwithstanding anything to the
contrary, the CITY shall charge Development Impact Fees in the amount the CITY
charged, in all categories, on March 16, 2004. If a fee did not exist on that date then the
fee currently charged shall be charged to the OWNER.
4.2.3.1 TUMF Fees for the KADING Property. The CITY and
OWNER acknowledge that a Traffic Uniform Mitigation Fee (the "TUMF") program has
been adopted by the CITY. The CITY and OWNER agree that the OWNER shall pay all
fees due under this program as and when due.
4.3 Related Real Property Conveyances: Conditions to Development
Aqreement.
4.3.1 Intent of the Parties. The CITY and OWNER agree that the
entitlements, vesting and other rights that will allow OWNER to develop the Project in
accordance with the Development Plan Approval(s), along with the timely completion
and performance of the real estate transactions and the related agreements described
hereafter are a material component of the consideration each party has relied upon in
its respective decision to enter into this Agreement. OWNER and the CITY, individually
and collectively, represent that neither party would have entered into this Agreement but
for these commitments. Termination of this Agreement terminates the obligation of the
applicable party to perform with respect to those items discussed in Section 4.3 and the
applicable party shall only be required to perform the obligations set forth in the other
Development Plan Approval(s).
, --
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5. Indemnification. Except to the extent of the active negligence or willful
misconduct of the Indemnified Parties (as defined below), KADING agrees to defend the
CITY and its agents, officers, contractors, attorney, and employees (the "Indemnified
Parties") from and against any claims or proceeding against the Indemnified Parties to
set aside, void or annul the approval of this Agreement. If the CITY or Kading, in their
reasonable discretion, do not desire to settle such lawsuit or claim, it may notify the
other Party of the same, in which event the other Party may still elect to settle the
lawsuit or claim as to itself, but the non-settling party may elect to continue such lawsuit,
at their cost and expense, so long as: (i) with respect to the CITY, the CITY's decision is
predicated upon a legitimate and articulated threat to either the exercise of its police
powers or a risk of harm to those present within the CITY; or (ii) with respect to the
other Party, the decision is predicated upon a legitimate and articulated threat to the
Development of the Property.
6. Relationship of Parties. OWNER is not the agent or employee of the CITY.
The CITY and OWNER hereby renounce the existence of any form of joint venture or
partnership between them, and agree that nothing contained in this Agreement or in any
document executed in connection with the Project shall be construed as making the
CITY and OWNER joint ventures or partners.
7. Periodic Review of Compliance with AQreement.
7.1 Periodic Review. The CITY and OWNER shall review this Agreement
once every 12-month period from the Effective Date until the Agreement terminates.
The CITY shall notify OWNER in writing of the date for review at least thirty (30) days
prior thereto.
7.2 Good Faith Compliance. During each periodic review, OWNER shall be
required to demonstrate good faith compliance with all material terms of this Agreement.
The parties recognize that this Agreement and the documents incorporated herein could
be deemed to contain hundreds of requirements and that evidence of each and every
requirement would be a wasteful exercise of the parties' resources. Accordingly,
OWNER shall be deemed to have satisfied its good faith compliance when it presents
evidence of substantial compliance with the material provisions of this Agreement.
Generalized evidence or statements of compliance shall be accepted in the absence of
any evidence that such evidence is untrue.
7.3 Failure to Conduct Annual Review. The failure of the CITY to conduct
the annual review shall not constitute, or be asserted by OWNER or CITY as a breach
of this Agreement.
7.4 Initiation of Review bv City Council. In addition to the annual review,
the City Council may at any time initiate a review of this Agreement by giving written
notice to OWNER. The Notice must describe in detail the specific issues which caused
the CITY to question OWNER'S good faith compliance and the evidence the CITY
. believes is necessary for the review. Within thirty (30) days following receipt of such
notice, OWNER shall submit evidence to the City Council of OWNER's good faith
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compliance with this Agreement and such review and determination shall proceed in the
same manner as provided for the annual review. The City Council shall initiate its
review pursuant to this Section 7.4 only if it has probable cause to believe the CITY's
general health, safety or welfare is at risk as a result of specific acts or failures to act by
OWNER in violation of this Agreement.
7.5 Administration of Aareement. Any final decision by the CITY staff
concerning the interpretation and administration of this Agreement and Development of
the Property in accordance herewith may be appealed by OWNER first to the Planning
Commission and thereafter to the City Council, provided that any such appeal shall be
filed with the City Clerk within thirty (30) days after OWNER receives written notice that
the staff decision is final all as pursuant to routine planning appeal procedures. The
City Council shall render, at a noticed public hearing, its decision to affirm, reverse or
modify the staff decision within thirty (30) days after the appeal was filed.
7.6 Availability of Documents. If requested and reimbursed for all costs, by
OWNER, the CITY agrees to provide to OWNER copies of any documents, reports or
other items reviewed, accumulated or prepared by or for the CITY in connection with
any periodic compliance review by the CITY, provided OWNER reimburses the CITY for
all reasonable and direct costs and fees incurred by the CITY in copying the same. The
CITY shall respond to OWNER's request on or before ten (10) business days have
elapsed from the CITY's receipt of such request.
8. Eyents of Default: Remedies and Termination. Unless amended as provided
in Section 3.5, or modified or suspended pursuant to Government Code Section
65869.5 or terminated pursuant to this Section 8, this Agreement is enforceable by any
party hereto.
8.1 Defaults by OWNER. If, after following the procedures established in
Section 7 hereof, the CITY determines on the basis of a preponderance of the evidence
that OWNER has not complied in good faith with the material terms and conditions of
this Agreement, the CITY shall, by written notice to OWNER specify the manner in
which the allegedly defaulting party has failed to so comply and state the steps the
allegedly defaulting party must take to bring itself into compliance. If, within thirty (30)
days after the effective date of notice from the CITY specifying the manner in which the
allegedly defaulting party has failed to so comply, the allegedly defaulting party does not
commence all steps reasonably necessary to bring itself into compliance and thereafter
diligently pursue such steps to completion, then the allegedly defaulting party shall be
deemed to be in default under the terms of this Agreement and the CITY may terminate
this Agreement with respect solely to the allegedly defaulting party's property pursuant
to Government Code Section 65865.1 or may seek specific performance as set forth in
Section 8.3.
8.2 Defaults bv CITY. If OWNER determines on the basis of a
preponderance of the evidence that the CITY has not complied in good faith with the
terms and conditions of this Agreement, OWNER shall, by written notice to the CITY,
specify the manner in which the CITY has failed to so comply and state the steps the
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CITY must take to bring itself into compliance. If, within sixty (60) days after the
effective date of notice from OWNER specifying the manner in which the CITY has
failed to so comply, the CITY does not commence all steps reasonably necessary to
bring itself into compliance as required and thereafter diligently pursue such steps to
completion, then the CITY shall be deemed to be in default under the terms of this
Agreement and OWNER may terminate this Agreement and, in addition, may pursue
any other remedy available at law or equity, including specific performance as set forth
in Section 8.3.
8.3 Specific Performance Remedv. Due to the size, nature and scope of the
Project, it may not be practical or possible to restore the Property to its natural condition
once implementation of this Agreement has begun. After such implementation,
OWNER may be foreclosed from other choices it may have had to utilize the Property
and provide for other benefits. CITY and OWNER has already invested significant time
and resources and performed extensive planning and processing of the Project in
agreeing to the terms of this Agreement and will be investing even more significant time
and resources in implementing the Project in reliance upon the terms of this Agreement,
and it may not be possible to determine the sum of money which would adequately
compensate OWNER for such efforts. For the above reasons, the CITY and OWNER
agree that damages may not be an adequate remedy if the CITY or OWNER fails to
carry out its obligations under this Agreement and that CITY or OWNER shall have the
right to seek and obtain specific performance as a remedy for any breach of this
Agreement. Notwithstanding the foregoing, if the CITY is authorized by Section 8.4.1 to
withhold an approval or permit upon a specified condition being satisfied by OWNER in
the future, and if OWNER then fails to satisfy such condition, the CITY may be entitled
to specific performance for the sole purpose of causing that nonperforming party, and
only that nonperforming party, or any party with an obligation to so perform the
condition, to satisfy such condition. The CITY's right to specific performance shall be
limited to those circumstances set forth above, and the CITY shall have no right to seek
specific performance to cause OWNER or a Development Transferee to otherwise
proceed with the Development of the Project in any manner, with the express exception
of the Off-Site Improvements and the grant of real property for the Interchange
Improvements.
8.4 Institution of LeQal Action. Any legal action hereunder shall be heard by
a reference from the Riverside County Superior Court pursuant to the reference
procedures of the California Code of Civil Procedure Sections 638, et seq. OWNER
and the CITY shall agree upon a single referee who shall then try all issues, whether of
fact or law, and report a finding and judgment thereon and issue all legal and equitable
relief appropriate under the circumstances of the controversy before him. If OWNER
and the CITY are unable to agree on a referee within ten (10) days of a written request
to do so by either party hereto, either party may seek to have one appointed pursuant to -
the California Code of Civil Procedure Section 640. The cost of such proceeding shall
initially be borne equally by the parties. Any referee selected pursuant to this Section
8.4 shall be considered a temporary judge appointed pursuant to Article 6, Section 21 of
the California Constitution.
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8.4.1 Effect of Noncompliance. Notwithstanding the foregoing, to the
extent the Development Plan Approval(s) expressly provide(s) that Development of the
Project or a portion thereof is directly dependent upon the performance of material
obligations assumed by OWNER or a Development Transferee, which material
obligations have not been performed, the CITY may, in its reasonable discretion,
withhold any approvals, including, without limitation, certificates of occupancy, with
respect to those directly dependent portions of the Project from OWNER and/or
Development Transferee until such obligations have been substantially performed.
CITY agrees that CITY will not withhold approvals if the OWNER or the Development
Transferee provides security for the performance of any of the obligations.
8.4.1.1 Non Compliance by KADING. Non compliance by
OWNER with respect to any material term and condition of this Agreement assumed by
OWNER shall entitle CITY to pursue any and all of its rights under this Agreement
against OWNER. Such noncompliance by OWNER shall be deemed a default, grounds
for specific performance or grounds for termination hereof with respect to, and
constitute cause for CITY to initiate enforcement action against and/or withhold any
approvals from Development Transferee, or other persons then owning or holding
interest in the Property or any portion of the Property, regardless of ownership.
8.5 Estoppel Certificates. A party may at any time deliver written notice to
the other party requesting an estoppel certificate (the "Estoppel Certificate"). A party
receiving a request for an Estoppel Certificate shall provide a signed certificate to the
requesting party within thirty (30) days after receipt of the request. The City Manager or
any person designated by the City Manager may sign Estoppel Certificates on behalf of
the CITY. Any officer or member of a private party may sign on behalf of that party. An
Estoppel Certificate is intended to be relied on by assignees and mortgagees. If that
one party requests an Estoppel Certificate from the other, the requesting party shall
reimburse the other party for all reasonable and direct costs and fees incurred by such
party with respect thereto. The Estoppel Certificate shall address issues such as
whether:
8.5.1 The Agreement is in full force and effect and is a binding obligation
of the parties.
8.5.2 The Agreement has been amended or modified either orally or in
writing and, if so amended, identifying the amendments.
8.5.3 A default in the performance of the requesting party's obligations
under the Agreement exists and, if a default does exist, the nature and amount of any
default.
9. Waivers and Delavs.
9.1 No Waiver. Failure by a party to insist upon the strict performance of any
of the provisions of this Agreement by the other party, and failure by a party to exercise
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its rights upon a default by the other party hereto, shall not constitute a waiver of such
party's right to demand strict compliance by such other party in the future.
9.2 Third Parties. Non-performance shall not be excused because of a
failure of a third person, except as provided in Sections 9.3 or 9.4.
9.3 Force Majeure. A party shall not be deemed to be in default where failure
or delay in performance of any of its obligations under this Agreement is caused by
floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and
other labor difficulties beyond that party's control, action or inaction by the CITY, which
actions or inactions are breaches of any term of this Agreement, other governmental
bodies or public utilities other than those related to the normal and customary
processing of Future Development Approvals or any modifications to the Development
Plan Approval(s), judicial decisions, litigation regarding the Development Plan
Approval(s) or Future Development Approvals or other similar events. To the extent
applicable to the Project and Property pursuant to Section 3.4 hereof, government
regulations (including, without limitation, local, state and federal environmental and
natural resource regulations), voter initiative or referenda or moratoria (including,
without limitation, any "development moratorium" as that term is applied in Government
Code Section 66452.6) constitute force majeure events.
9.4 Extensions. The Term of this Agreement and the time for performance
by a party of any of its obligations hereunder or pursuant to the other Development Plan
Approval(s) shall be extended by the actual period of time that any of the events
described in Section 9.3 exist and/or prevent performance of such obligations.
Notwithstanding anything to the contrary herein, the performance by CITY of its
obligations shall not be delayed or extended by the action o~ inaction of the CITY.
9.5 Notice of Delav. OWNER shall give immediate notice to the CITY of any
delay which OWNER anticipates or believes to have occurred as a result of the
occurrence of any of the events described in Sections 9.3 or 9.4. , In no event, however,
shall notice of a delay of any length be given later than thirty days after the end of the
delay or ten (10) days before the end of the Term (unless the cause of the delay arises
during that time), whichever comes first.
10. Notices. All notices required or provided for under this Agreement shall be in
writing and delivered in person, sent by certified mail, postage prepaid, return receipt
requested or by Federal Express or other similar nationwide overnight delivery service.
Notices required to be given to the CITY shall be addressed as follows:
City of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-9033
Attention: Planning Director
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.
With a copy to:
Richards, Watson & Gershon
Thirty-Eighth Floor
333 South Hope Street
Los Angeles, CA 90071-1469
Attention: Peter M. Thorson, City Attorney
Notices required to be given to OWNER shall be addressed as follows:
AGK Group, LLC
35411 Paseo Viento
Capistrano Beach, CA 92624
Attention: A.G. Kading
Any notice given as required by Section 10 shall be deemed given only if in writing and
upon delivery as provided for in this Section 10. A party may change its address for
notices by giving notice in writing to the other party as required by this Section 10 and
thereafter notices shall be addressed and transmitted to the new address.
11. Attornevs' Fees. If legal action is brought by any party against another for
breach of this Agreement, including actions derivative from the performance of this
Agreement, or to compel performance under this Agreement, the prevailing party shall
be entitled to an award of its costs, including reasonable attorneys' fees, and shall also
be entitled to recover its contribution for the costs of the referee referred to in Section
8.4 above as an item of damage and/or recoverable costs.
12. Recordina. This Agreement and any amendment or cancellation hereto shall be
recorded, at no cost to the CITY, in the Official Records of Riverside County by the City
Clerk within the period required by Section 65868.5 of the Government Code.
13. Effect of Aareement on Title.
13.1 Effect on Title. OWNER and the CITY agree that this Agreement shall
not continue as an encumbrance against any portion of the Property as to which this
Agreement has terminated or released.
13.2 Encumbrances and Lenders' Riahts. The mortgagee of a mortgage or
beneficiary of a deed of trust encumbering the Property, or any part thereof, and their
successors and assigns shall, upon written request to CITY, be entitled to receive from
CITY written notification of any default by OWNER of the performance of OWNER's
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obligations under the Agreement which has not been cured within the time frame
established in Section 8.1 hereof.
13.2.1 Notwithstanding OWNER's default, this Agreement shall not be
terminated by CITY as to any mortgagee or beneficiary to whom notice is to be given
and to which either or the following is true:
(i) the mortgagee or beneficiary cures any default by OWNER
involving the payment of money within ninety (90) days after receipt from CITY of the
written notice of default;
(ii) as to defaults requiring title or possession of the Property or
any portion thereof to effectuate a cure: (i) the mortgagee/beneficiary agrees in writing,
within ninety (90) days after receipt from CITY of the written notice of default, to perform
the proportionate share of OWNER's obligations under this Agreement allocable to that
part of the Property in which the mortgagee/beneficiary has an interest conditioned
upon such mortgagee's/beneficiary's acquisition of the Property or portion thereof by
foreclosure (including a trustee sale) or by a deed in lieu of foreclosure; (ii) the
mortgagee/beneficiary commences foreclosure proceedings to reacquire title to the
Property or applicable portion thereof within said ninety (90) days and thereafter
diligently pursues such foreclosure to completion, and (iii) the mortgagee/beneficiary
promptly and diligently commences to cure such Default after obtaining title or
possession.
13.2.2 Notwithstanding Section 13.2.1 of this Agreement, if any
mortgagee/beneficiary is prohibited from commencing or prosecuting foreclosure or
other appropriate proceedings including by any process of injunction issued by any
court or by reason of any action by any court having jurisdiction of any bankruptcy or
insolvency proceeding involving OWNER, the times specified in Section 13.2.1 of this
Agreement for commencing or prosecuting foreclosure or other proceedings shall be
extended for the period of the prohibition.
13.2.3 Neither entering into this Agreement nor a breach of this
Agreement shall defeat, render invalid, diminish or impair the lien of any existing or
future mortgage or deed of trust on the Property made in good faith and for value.
14. Severabilitv of Terms. If any term, provision, covenant or condition of this
Agreement shall be determined invalid, void or unenforceable, the remainder of this
Agreement shall not be affected thereby if the tribunal finds that the invalidity was not a
material part of consideration for either Party the Agreement as a whole. If the tribunal
finds that the invalidity was a material part of the consideration, this Agreement will
terminate unless CITY and OWNER agree to amend this Agreement as provided for
herein. Upon a termination arising from the application of this Section 14, each Party
agrees the Specific Plan shall suspend as to all unpermitted development activity
pending the CITY's determination regarding repeal or modification of the same.
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15. Subseauent Amendment to Authorizina Statute. This Agreement has been
entered into in reliance upon the provisions of the Development Agreement Legislation
in effect as of the Agreement Date. Accordingly, subject to Section 3.2.2 above, to the
extent that subsequent amendments to the Government Code would affect the
provisions of this Agreement, such amendments shall not be applicable to this
Agreement unless necessary for this Agreement to be enforceable or required by law or
unless this Agreement is modified pursuant to the provisions set forth in this Agreement.
16. Rules of Construction and Miscellaneous Terms.
16.1 Interpretation and Governina Law. The language in all parts of this
Agreement shall, in all cases, be construed as a whole and in accordance with its fair
meaning. This Agreement and any dispute arising hereunder shall be governed and
interpreted in accordance with the laws of the State of California. The parties
understand and agree that this Agreement is not intended to constitute, nor shall be
construed to constitute, an impermissible attempt to contract away the legislative and
governmental functions of the CITY, and in particular, the CITY's police powers. In this
regard, the parties understand and agree that this Agreement shall not be deemed to
constitute the surrender or abnegation of the CITY's governmental powers over the
Property or any decision arising from the Agreement, directly or indirectly.
16.2 Section Headinas. All section headings and subheadings are inserted
for convenience only and shall not affect any construction or interpretation of this
Agreement.
16.3 Gender. The singular includes the plural; the masculine gender includes
the feminine; "shall" is mandatory, "may" is permissive.
16.4 No Joint and Several Liabilitv. No breach hereof by OWNER, or
Development Transferee shall constitute a breach by the non breaching party. Any
remedy, obligation, or liability, including but not limited to the obligations to defend and
indemnify the CITY, arising by reason of such breach shall be applicable solely to the
party that committed the breach. However, the CITY shall send a copy of any notice of
violation to all OWNERS and Development Transferee, including those not in breach.
16.5 Covenant of Good Faith and Fair Dealina. No party shall do anything
which shall have the intentional effect of harming or injuring the right of the other parties
to receive the benefits provided for in this Agreement; each party shall refrain from
doing anything intentionally which would render its performance under this Agreement
impossible; and each party shall do everything which this Agreement contemplates that
such party shall do in order to accomplish the objectives and purposes of this
Agreement.
16.6 No Waiver of Vestina. Nothing in this Agreement shall be construed as
limiting or impairing any vested rights to proceed with the Development or use of the
Property arising independently from entitlements, including those approved for the
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Project, issued by the CITY or others prior to, concurrently with, or subsequent to the
approval of this Agreement, Federal and State Constitutions, statutes, or decisional law.
16.7 Time of Essence. Time is of the essence regarding each provision of this
Agreement of which time is an element.
16.8 Recitals. All Recitals set forth herein are incorporated in this Agreement
as though fully set forth herein.
16.9 Entire Aareement. This Agreement constitutes the entire agreement
between the parties with respect to the subject matter hereof, and the Agreement
supersedes all previous negotiations, discussion and agreements between the parties,
and no parol evidence of any prior or other agreement shall be permitted to contradict or
vary the terms hereof.
17. Extension of Maps. In accordance with Government Code Section 66452.6(a),
any tentative map which relates to all or a portion of the Property shall be extended for
the greater of (i) the Term of the Agreement or (ii) expiration of the tentative map
pursuant to Section 66452.6.
18. Not for Benefit of Third Parties. This Agreement and all provisions hereof are
for the exclusive benefit of the CITY and OWNER and its assignees pursuant to Section
2.5 and shall not be construed to benefit or be enforceable by any third party.
19. Attachments. The following attachments are hereby incorporated by reference
as if fully set out in the body of this Agreement.
Attachments Description
1 Legal Description of the OWNER Property
2 Project Actions and Approvals
20. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the day and year dated below.
Dated:
,2005
"CITY"
CITY OF TEMECULA, a municipal
corporation
By:
Name:
Title: Mayor
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ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Dated:
,2005
11086-oo92\818544v\.doc
"OWNER"
,a
By:
Name:
Title:
26
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State of California )
) ss
County of Riverside )
On before me, , personally
appeared , personally known to me or proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
Witness my hand and official seal.
Signature of Notary
State of California )
) ss
County of Riverside )
On before me, , personally
appeared , personally known to me or proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
Witness my hand and official seal.
Signature of Notary
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11086-0092\818544v1.doc
ATTACHMENT "1"
(Legal Description of the Property)
1-1
4/20/05
11086-0092\818544v1.doc
ATTACHMENT "2"
(Project Actions and Approvals)
2-1
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TABLE OF CONTENTS
PAGE
1 . Definitions. ... ...... ................ .... .... ... ..... ..... ...... .............. ........ ..... ........ .............. .... ...3
2. General Provisions... ............. .... .... ..... .... .... ... ................ ................... ......... .... .... ....5
2.1 Binding Covenants..... ........ ..... ... ..... .............. ........................................... ..5
2.2 Interest of OWNER............... ...... ............................ ....................... ....... .... ..6
2.3 Term. .......... ... ............ .... ....... .......... ........................ ....................... ........ .....6
2.4 Termination. .. ................ ....... ...... .... ............................. .................. ....... .... ..6
2.5 Transfers and Assignments..... .............. ........ ... .......... ... ... ..... .................. ...6
3. Development Provisions. ............ ..... ........ ...... ... ............. .......... ............... ........ ......8
3.1 Vesting. .. .... ... .... .... ........ ... .... .... ..... ...... ... ... ... ....... ........ ...... ... ..... .... .... ... .... ..8
3.2 Reserved Authority. ..................................................................................11
3.3 Further Assurances to OWNER Regarding Exercise of
Reserved Authority........... ..... ... .... ....... ... ... ... .... ... ........ ........ ...... .... ... .... .... 12
3.4 Consistent and Inconsistent Enactments..................................................12
3.5 Amendment of Development Agreemenl..................................................13
3.6 Future Amendments to Development Plan Approval(s) ...........................14
3.7 Future Development Approvals. ...............................................................15
4. Obligations of the Parties. ...................................................................................15
4.1 Benefits to CITY .......................................................................................15
4.2 Development Fees. ..................................................................................16
4.3 Related Real Property Conveyances; Conditions to
Development Agreement.... ........... ...... ............. .................. ...... ... ... .... ......16
5. Indemnification............. ................................................................................... ....17
6. Relationship of Parties ........................................................................................17
7. Periodic Review of Compliance with Agreement.................................................17
7.1 Periodic Review....... .... ... ... ... .... .... ...... ... ... ..... ..... ..... ............ .... ..... ...... ..... .17
7.2 Good Faith Compliance............................................................................17
7.3 Failure to Conduct Annual Review ...........................................................17
7.4 Initiation of Review by City Council ..........................................................17
7.5 Administration of Agreement ....................................................................18
7.6 Availability of Documents .........................................................................18
8. Events of Default: Remedies and Termination ...................................................18
8.1 Defaults by OWNER.................................................................................18
8.2 Defaults by CITY ......................................................................................18
8.3 Specific Performance Remedy .................................................................19
8.4 Institution of Legal Action .........................................................................19
8.5 Estoppel Certificates....... ... .................. .............. ................... .................. .20
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TABLE OF CONTENTS
(Continued)
Pal!e
9. Waivers and Delays. .. ...... ..... ..... ... ........ ...... ....... .... ..... ... ..... ... .......... ... ........ ...... ..20
9.1 No Waiver. .... ... ...... ..... ..... ... ........ ...... ....... .... ............. ... ... .......... ........... .... .20
9.2 Third Parties.. .... .... ....... .............. ...... ........ ... ........................ ... ........ ......... .21
9.3 Force Majeure .... ..... ..... ... ..... ....... ...... .... ... ... ................ ... ... ..... ... ..... ........ ..21
9.4 Extensions.. .... ......... ..................... ...... ...... .............................. ... .......... ... ..21
9.5 Notice of Delay........ ......... .... .... ... ....... ... ... .......... .......... ..... ........ ... ...... .... ..21
10. Notices ... ... ... ... ...... ..... ..... ... ...... ... .... ... ..... ...... ... ... ..... ............ ..... ... ..... ... ... ...... .... ..21
11. Attorneys' Fees.. ... ..... ..... ... ...... ... .... .... .... ....... ...... .... ..... .................. ..... ...... .... ... ..22
12. Recording..... ... ... ... ..... ..... ... ...... ... .... .... .... ..... ........ .... ..... ..... ..... .......... ... ... ...... .... ..22
13. Effect of Agreement on Title................................................................................22
13.1 Effect on Title ...........................................................................................22
13.2 Encumbrances and Lenders' Rights.........................................................22
14. Severability of Terms... .................... .... .... .......................................................... .23
15. Subsequent Amendment to Authorizing Statute .................................................24
16. Rules of Construction and Miscellaneous Terms. ...............................................24
16.1 Interpretation and Governing Law............................................................24
16.2 Section Headings. .... ..... ... ....... ... ..... .... .... ... ... ... ....... ............... ............ .... ..24
16.3 Gender ..... ....... ......... ........ .... ... ... ................ ...... ....... ..... ........ ..... ... ............24
16.4 No Joint and Several Liability ...................................................................24
16.5 Covenant of Good Faith and Fair Dealing ................................................24
16.6 No Waiver of Vesting................................................................................24
16.7 Time of Essence. ... ..... ....... ......... ..... .... ....... ... ..... ..... ... ....... ....... ...... ... ... ... .25
16.8 Recitals.................................................................................................... .25
16.9 Entire Agreement .. ..... .... ... ... ... ... ..... .... .......... .............. ... .......... ... ........ ... ..25
17. Extension of Maps......... .... .... .... ...... ...... .... ........ ..... ... ....... ... ........ ............ ...... ... ...25
18. Not for Benefit of Third Parties............................................................................25
19. Attachments. ..... ... ... ................ ..... ......... ..... ................. ..... ... .............................. ..25
20. Counterparts ... ...... ..... ..... ........... ..... ... ... .... .......... ... ..... ....... ................. ... ........ ... ..25 .
11086-oo92\818544vl.doc
ii
4/20/05
ITEM 13
ORDINANCE NO. 05-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE ZONING MAP OF THE CITY OF
TEMECULA FROM PUBLIC INSTITUTIONAL (PI) TO PLANNED
DEVELOPMENT OVERLAY (PDO-10) AND ADOPTING
SECTIONS 17.22.210 THROUGH 17.22.218 INCLUDING THE
PDO-10 TEXT AND DEVELOPMENT STANDARDS FOR A SITE
GENERALLY LOCATED AT THE NORTHWEST CORNER OF
DiAl ROAD AND DENDY PARKWAY, KNOWN AS ASSESSOR
PARCEL NO. 909-370-002
WHEREAS, Gary Wiggle, representing AGK Group, LLC, filed Planning Application Nos.
PA04-0582, Zone Change and Development Plan; and PA05-0070, a Tentative Parcel Map for
the property consisting of approximately 40.0 acres generally located at the northwest corner of
Diaz Road and Dendy Parkway, known as Assessor Parcel No. 909-370-002; and
WHEREAS, the applications for the Project were processed and an environmental
review was conducted as required by law, including the California Environmental Quality Act;
and
WHEREAS, the Planning Commission of the City of Temecula held a duly noticed public
hearing on May 4, 2005 to consider the applications for the Project and environmental review, 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
WHEREAS, 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. 2005-29, recommending that the City Council approve a Zone Change
to amend the land use designation from Public Institutional (PI) to Planned Development
Overlay (PDO-10) and adopt Sections 17.22.210 through 17.22.218, including the PDO-10 text
and development standards for property generally located at the northwest corner of Diaz Road
and Dendy Parkway, known as Assessor Parcel No. 909-370-002: and
WHEREAS, on June 28, 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
WHEREAS, at the conclusion of the City Council hearing and after due consideration of
the testimony, the City Council approved the Zone Change for the Project subject to and based
upon the findings set forth hereunder;
WHEREAS, all legal preconditions to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby
incorporated by reference.
R:/Ords 2005/0rds 05-11
Section 2. The City Council, in approving the Zone Change proposed in Planning
Application PA04-0582, hereby makes the following findings:
A. The proposed Zone Change conforms to the General Plan and the proposed
uses are in conformance with the goals, policies, programs and guidelines of the elements of
the General Plan. The proposed Zone Change allows for a diversity of uses desired in the
General plan and will create a balanced community with additional educational and housing
opportunities available to the community.
Section 3. Environmental Compliance. A Final Environmental Impact Report for the
Temecula Education Complex (Environmental Assessment EA-097) was approved by the City
Council on March 16, 2004. Per Section 15162 of the State CEQA Guidelines, when an EIR
has been certified for a project, no subsequent EIR shall be prepared for that project unless the
lead agency determines that substantial changes are proposed or will occur, or that new
information of substantial importance is available. The proposed project substantially conforms
to the conceptual plans for the Temecula Education Complex Final EIR and no new information
of substantial importance regarding the environmental review of the project has arisen since the
EIR was approved. Therefore, the City Council finds that the proposed project is consistent with
the Final EIR for the Temecula Education Complex.
Since the adoption of the Final EIR, the Riverside County Multiple Species Habitat Conservation
Plan (MSHCP) has gone into effect. Consistent with the MSHCP, a Habitat Acquisition and
Negotiation Strategy (HANS) report is being prepared for the project. The applicant will be
required to meet the requirements, if any, of that report prior to issuance of a grading permit.
Section 4. The City of Temecula City Council hereby approves the Zone Change
proposed in Planning Application PA04-0582 to amend the Zoning Map (Exhibit A) of the City of
Temecula from Public Institutional (PI) to Planned Development Overlay (PDO-10) and to adopt
sections 17.22.210 through 17.22.218 including the PDO-10 text and development standards
(Exhibit B) for a site generally located at the northwest corner of Diaz Road and Dendy
Parkway, known as Assessor Parcel No. 909-370-002, in the form attached to this Ordinance as
Exhibit B.
Section 5. 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 6. 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 7. 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 8. 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.
R:/Ords 2005/0rds 05-11
2
,
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. 05-10 was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 28'h day of June, 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:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:/Ords 2005/0rds 05-11
3
EXHIBIT A
ZONING MAP
R:/Ords 2005l0rds 05-11
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R:/Ords 2005/0rds 05-11
EXHIBIT B
TEMECULA EDUCATION CENTER PDO-10
5
17.22.210
Temecula Education Center Planned Development Overlay District
TITLE
Sections 17.22.210 through 17.22.218 shall be known as "PDO-10" (Temecula Education
Center Planned Development Overlay District).
17.22.212
PURPOSE AND INTENT
The Temecula Education Center (TEC) planned development overlay district (PDO-10) is
intended to provide regulations for the safe and efficient operation, and creative design of a
unique commercial area within the city. The area is unique in its location and mix of proposed
uses. This special overlay zoning district regulation is intended to permit a range of higher
educational uses, along with high density residential both for sale and for rent, and a range of
neighborhood and project serving commercial uses. Supplemental performance standards
have also been provided to ensure compatibility with the adjacent neighborhoods and to protect
adjoining uses from excessive noise, odor, smoke, toxic materials, and other potentially
objectionable impacts. It is the intent of the city to use these special regulations to supplement
the regulations of land uses and development already existing within the adopted development
code.
17.22.214
A.
B.
17.22.216
RELATIONSHIP WITH THE DEVELOPMENT CODE AND CITYWIDE DESIGN
GUIDELINES
The list of permitted, conditionally permitted, and prohibited uses for the
Temecula Education Center planned development overlay district is contained in
Table 17.22.216.
Except as modified by the provisions of Section 17.22.218, the following rules
and regulations shall apply to all planning applications in this area:
1. The development standards in the development code that would apply to
any development within the public/institutional zoning district that are in
effect at the time an application is deemed complete;
2. The approval requirements contained in the development code that are in
effect at the time an application are deemed complete;
3. Any other relevant rule, regulation or standard that is in effect at the time
an application is deemed complete.
USE REGULATIONS
The list of permitted land uses for the Temecula Education Center planned development overlay
district is contained in Table 17.22.216. Where indicated with a letter "P" the use shall be a
permitted use. A letter "C" indicates the use shall be conditionally permitted subject to the
approval of a conditional use permit. Any use not specifically listed may be determined to be
permitted or conditionally permitted at the discretion of the Planning Director.
Table 17.22.216.B
Schedule of Permitted Uses
Temecula Education Center
Planned Development Overlay District
Descriotion of Use PDO-10
A
Adult ContinuinQ Education (Public and Private) P
Aerobics/dance/gymnastics/jazzercise/martial arts studios P
Alcoholic beveraae sales (in association with a restaurant) C1
Animal hospital (indoor on Iv) C
Apparel and accessory shops P
Arcades (pinball and video aames) P
Art Qallery P
Art supply stores P
Auditoriums and conference facilities P
B
Bakery retail P
Banks and financial institutions P
Barber and beautv shops P
Bicycle (sales, rentals, services) P
Billiard parlor/pool hall C
Blueprint and duplicating and copy services P
Bookstores P
C
Camera shop (sales/minor repairs) P
Candy/confectionery sales P
CaterinQ services C
Churches, temples, reliaious institutions C
Clothina sales P
Coins, purchase and sales P
Colleaes and universities (Private and Public) P
Communications and microwave installations p2
Community health clinics P
ComDuter sales and service P
Convenience market P
Costume rentals P
0
Data Drocessing equipment and systems P
Dav care centers P
Dav care health center P
Delicatessen P
Drv cleaners P
E
Reserved
F
Financial, insurance, real estate offices P
Fire and police stations (Storefront only) P -
Florist shoo P
Fortune tellina, spiritualism, or similar activitv P
G
Garaaes, Dublic Darking P
General merchandise/retail store less than 10,000 SQ. ft. P
H
Health and exercise clubs P
Health care facility P
Health food store P
Helipad or heliport C
Hobby supply shop P
I
Ice cream parlor P
J
Reserved
K
Reserved
L
Laboratories, film, medical, research or testinq centers P
Laundromat P
Libraries, museums and galleries (private) P
Librarv P
M
Museum P
Musical and recording studio P
N
Reserved
0
Office equipmenVsupplies, sales/service P
Offices, professional services including, but not limited to, business P
law, medical, dental, veterinarian, chiropractic, architectural,
enaineerina, real estate, insurance lIess than 10,000 SF)
P
Parcel deliverv services (Retail) P
Parkinn lots and narkina structures P
Performina arts, theaters and olaces of oublic assemblv P
Personal service shoos P
Photoaranhic studio P
Postal services P
Printina and oublishina (newsoaoers, oeriodicals, books, etc.) -
Private utilitv facilities (reoulated bv the Public Utilities Commission) P
Q
Reserved
R
Radio and broadcastina studios, offices P
Recvclino collection facilities C
Relinious facilities P
Reliaious institution, with a dav care P
Relioious institution, with a orivate school C
Relinious institution, without a dav care or orivate school C
Residential, multinle-familv housino P
Residential--senior housina C
Restaurants and other eatino establishments P
Restaurants with lounae or live entertainment C
s
Schools, business and rofessional
p
P
Scientific research and develo ment offices and laboratories
P
Senior citizen housin see also con
C
Sorts and recreational facilities
C
T
Tailor sho
p
Tile sales
P
Trade or vocational schools
p
u
Reserved
v
Reserved
w
Watch re air
P
y
Reserved
z
Reserved
1. The CUP will be subject to Section 17.10.020(8), special standards for the sale of
alcoholic beverages.
2. Subject to citywide antenna standards.
17.22.218
A.
SUPPLEMENTAL DESIGN AND SETBACK STANDARDS
In addition to the standard setback of the Public Institutional Zone contained in
Chapter 17.12, the following special provisions will be allowed:
Minimum lot size
Other than condominium develo
Minimum lot width
Other than condominium develo
Minimum lot depth
Other than condominium develo
Maximum lot coverage
Other than condominium develo
Floor area ratio a
Setbacks:
7,000 sq. ft.
50ft.
100 ft.
50%
2.0
Yards ad'acent to Public Streets 20 ft.
lines 0 ft.
Minimum landsca
Residential 50 feet
Retail Uses 40 feet
Educational Uses 100 feet
25%
Hei ht of Fences, Hed es and Walls
Within street side setback areas other 8 feet
than corner visibilit areas
Within corner visibilit areas 3 feet
a. Due to the type of lots created for this development, the allowable
Floor Area Ratio is higher than typically allowed. The building
sites that would have this ratio do not have on-site parking within
the property lines, thus the density of development on the
individual lot is artificially higher than a site that includes its own
parking.
B. In addition to the standard requirements for Parking Facility Layout and
Dimensions contained in Chapter 17.24.050.3 and 4, the following special
landscape provisions will be allowed: .
In lieu of landscape planter fingers between the parking spaces, a continuous
planter at the head of the parking row is allowed. These planters shall have an
inside dimension width of five feet and shall have a length equal to the width of
the adjoining parking spaces. It is the intent of this layout to provide a continuous
row of trees to screen the views across the open parking areas. At a minimum,
the required number of trees will be maintained.
C. In lieu of the maximum density allowed within the H residential District, the
density allowed for the residential portions of the Temecula Education Center
planned development overlay district is 27 DU per acre.
D. Due to the unique nature of this education project, the use of turf within the
common areas of the commercial portions of the project is a benefit to the
campus nature of the plan. Therefore, in addition to the requirements in Section
17.12.060, the quantity of turf areas will be allowed to exceed the typical
quantities inferred in the requirements and standards for the commercial
common areas only including the Amphitheater.
E. In lieu of the standard requirements for Private Open Space Per Unit, contained
in Chapter 17.06.040, the following private open space areas will be allowed per
unit type ':
MIN. DECK SO % OF UNIT
UNIT NUMBER UNIT SO FT FT2 SIZE
10 611 72 12%
11 669 118 18%
12 667 93 14%
13 542 89 16%
14 586 95 16%
15 616 95 15%
16 722 70 10%
17 753 192 25%
18 651 90 14%
20 816 101 12%
21 798 88 11%
22 981 61 6%
23 1021 93 9%
24 1045 129 12%
25 987 142 14%
26 1265 129 10%
27 1282 129 10%
30 1458 90 6%
31 1509 90 6%
1. In addition to these Private Open Spaces, Public
Open Spaces are located within the buildings
that are usable by all residents. These facilities
are in addition to the recreation facilities on site.
2. Due to various locations of particular units within
the buildings, the areas shown are minimums.
Some of the locations will have larger deck/patio
areas.
ITEM 14
,.;,"
ORDINANCE NO. 05-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 8.28 OF THE TEMECULA
MUNICIPAL CODE WHICH IMPOSES THE REQUIREMENTS OF THE
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM
("NPDES") PERMIT CONCERNING STORMWATER RUNOFF
QUALITY; POLLUTION DISCHARGES; CONTROL OF URBAN
RUNOFF; INSPECTIONS OF SOURCES OF DISCHARGES;
ENFORCEMENT OF WATER QUALITY AND DISCHARGE
REGULATIONS AND PERMITS WITHIN THE CITY OF TEMECULA,
AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER TO PREPARE A MANUAL SETTING FORTH THE
ADMINISTRATIVE RULES, PROCEDURES, AND REQUIREMENTS
NECESSARY TO IMPLEMENT THIS ORDINANCE
The City Council of the City of T emecula, does ordain as follows:
Section 1: The federal Clean Water Act (33 U.S.C. ~ 1251, et seq.;) provides for the
regulation and reduction of pOllutants discharged into the waters of the United States by
extending National Pollutant Discharge Elimination System ("NPDES") requirements to
stormwater and urban runoff discharged into municipal storm drain systems;
Section 2: The City of Temecula (the "City") is a co-permittee under the 'Waste
Discharge Requirements for Discharges of Urban Runoff from Municipal - Separate Storm
System ("MS4 system") Draining the County of Riverside, the City of Murrieta, the City of
Temecula and the Riverside County Flood Control and Water Conservation District within the
San Diego Region," California Regional Water Quality Control Board - San Diego Region,
Order No. R9-2004-001, (NPDES No. CAS0108766) ("Permit"), as well as Waste Discharge
Requirements under Califomia law, and, as a co-permittee under the Permit, the City is required
to adopt ordinances and implement procedures with respect to discharges into the municipal
separate storm sewer system.
Section 3: The City has previously adopted ordinances to ensure that it possesses
the legal authority necessary to control discharges to and from those portions of the Storm Drain
System over which it has jurisdiction, in order to comply with the Permit, and to specifically
prohibit certain discharges identified in the Permit.
Section 4: This Ordinance is also intended to further confirm the City's legal
authority to control discharges of Pollutants, as that term is defined under Article VIII, "Definition
of Terms," to and from those portions of the Storm Drain System over which the City has
jurisdiction, as required by the Permit, and thereby fully and timely comply with the terms of the
Permit.
Section 5: In order to control in a cost-effective manner, the quantity and quality of
stormwater and urban runoff to the maximum extent practicable, the adoption of reasonable
regulations, as set forth herein, is essential.
R:/Ords 2005/0rds 05-13
c.
Section 6: This Ordinance is being adopted in order to comply with federal
requirements for the control of Pollutants to stormwater and urban runoff, which enters the
Storm Drain System throughout the portions of Riverside County covered by the Permit.
Section 7: The City is authorized by Article XI, ~5 and ~7 of the State Constitution to
exercise the police power of the State by adopting regulations promoting the public health,
publiC safety and general prosperity.
Section 8: The City has determined that a legitimate local purpose is present in
complying with the provisions of the Permit.
Section 9: The land use authority exercised by the City pursuant to California
Government Code ~65300 et sea., requires regional planning and the adoption of policies
protecting the environment through the imposition of reasonable conditions on the use of land.
Section 10: This Ordinance conforms to the policies and goals of the General Plan
adopted by the City, pursuant to California Planning and Zoning Law, for the protection of the
portions of watersheds located within Riverside County by implementing measures to control
erosion and prevent the pollution of streams and other waters;
Section 11: The Subdivision Map Act, California Government Code ~66411 ,
authorizes the City to regulate and control the design and improvement of subdivided lands and
mitigate the burdens of proposed development by imposing reasonable conditions on map
approval;
Section 12: The California Constitution Article XI, ~7 and Government Code ~38660
authorize the City to establish appropriate conditions for the issuance of building permits, which
require the installation of improvements reasonably related to the proposed use of property;
Section 13: Government Code ~38771 authorizes the City to declare as public
nuisances undesirable acts which may injure health or cause interference with the comfortable
enjoyment of life or property and to provide for the abatement of the same;
Section 14: All industrial dischargers subject to the provisions of the State General
Industrial Stormwater Permit and General Construction Activity Stormwater Permit (referred to
collectively herein as the .State General Permits") must comply with the lawful requirements of
the City which regulate discharges to the storm drain system within its jurisdiction;
Section 15: All industrial dischargers subject to the provisions of the State General
Permit are required to maintain Stormwater Pollution Prevention Plans (SWPPPs) on-site and
make them available to the City for inspection;
Section 16: All construction dischargers subject to the provisions of the State General
Permit may be required by the City, with the concurrence of the San Diego Regional Water
Quality Control Board, to amend any Stormwater Pollution Prevention Plan;
Section 17: All industrial dischargers subject to the provisions of the State General
Permit are required to maintain a description of the required monitoring program on-site and
make it available to the City for inspection;
R:/Ord 2005/0rds 05-13
2
Section 18: The City has jurisdiction over certain stormwater conveyance facilities and
other watercourses within the City, and these facilities may receive discharges from properties
and activities regulated under the provisions of the State General Permits, and the City may
request that the regulated dischargers furnish information and records necessary to determine
compliance with the State General Permits;
Section 19: The City has jurisdiction over certain stormwater conveyance facilities
and other watercourses within the City, and these facilities may receive discharges from
properties and activities regulated under the provisions of the State General Permits, and City
may, upon presentation of credentials and other documents required by law: (i) enter upon the
discharger's premises where a regulated facility is located or where records must be kept under
the conditions of the State General Permits; (ii) access and copy, at all reasonable times, any
records that are required to be kept under the conditions of the State General Permits; (iii)
inspect, at all reasonable times, any facility or equipment related to or impacting stormwater or
urban runoff discharge; and (iv) sample or monitor for the purpose of ensuring compliance with
the State General Permits.
Section 20: Chapter 8.28, in the Temecula Municipal Code, "Stormwater and Urban
Runoff Management and Discharge Controls", is hereby amended to read as follows:
CHAPTER 8.28 STORMWATER AND URBAN RUNOFF
MANAGEMENT AND DISCHARGE CONTROLS
R:/Ord 2005/0rds 05-13
3
Article I.
General Provisions
Sections:
8.28.100
8.28.110
8.28.120
8.28.130
8.28.140
8.28.150
8.28.160
Title.
Purpose and intent.
Stormwater and Urban Runoff Manual.
Regulatory consistency.
Compliance disclaimer.
City cooperation.
Contracting for services.
8.28.100 Title.
This Ordinance shall be known as the .City of Temecula Stormwater and Urban Runoff
Management and Discharge Control Ordinance (Ordinance)."
8.28.110
Purpose and intent.
The purpose and intent of this Ordinance is to protect the water quality of City watercourses,
water bodies, ground water, and wetlands in a manner pursuant to and consistent with the
Federal Clean Water Act (33 USC Sec. 1342), in order to ensure the future health, safety, and
general welfare of the citizens of this City by:
A. Regulating non-stormwater urban runoff (urban runoff) to the storm drain system. (Ord.
99-1 0 ~ 1 (part));
B. Reducing pOllutants in stormwater to the maximum extent practicable;
C. Establish requirements for development projects for permanent water quality control
measures;
D. Establish requirements to reduce pollutant discharges from construction sites;
E. Establish requirements to reduce pollutants in runoff from existing development; and
F. Prohibiting illicit connections and illegal discharges to the storm drain system.
8.28.120
Stormwater and Urban Runoff Manual.
The City Engineer shall formulate a manual setting forth administrative rules, procedures and
requirements necessary to implement the provisions of this Ordinance. Such rules, procedures,
and requirements shall be entitled "The City of Temecula Administrative and Technical
Procedures Manual for Stormwater and Urban Runoff Management and Discharge Control
(Stormwater and Urban Runoff Manual). The City Engineer shall have the authority to change,
update or revise the Manual as necessary in order to implement the provisions of this
Ordinance and all revisions thereto arising from time to time.
R:/Ord 2005/0rds 05-13
4
In the event of any conflict between the Manual and this Ordinance, the more restrictive
provisions shall govern. The provisions of the Manual, to the extent they are made conditions of
a permit issued by the City, shall be binding. All revisions to the manual shall be reviewed and
approved by the City Council and take effect immediately upon approval.
8.28.130
Regulatory consistency.
This Ordinance shall be construed to assure consistency with the requirements of the Clean
Water Act and any amendments thereof, and all applicable implementing regulations, and any
existing or future municipal NPDES Permits, and any amendments or revisions thereto or re-
issuance thereof.
8.28.140
Compliance disclaimer.
Full compliance by any Person or entity with the provisions of this Ordinance shall not preclude
the need to comply with other local, state or federal statutory or regulatory requirements, which
may be required for the control of the discharge of pollutants into stormwater or urban runoff,
and/or the protection of stormwater and urban runoff quality.
8.28.150
City cooperation.
The City intends to cooperate with other agencies with jurisdiction over stormwater and urban
runoff discharges to ensure that the regulatory purposes underlying stormwater and urban
runoff regulations promulgated pursuant to the Clean Water Act (33 USC 91251 et sea.) are
met.
8.28.160
Contracting for services.
The City may, to the extent authorized by law, elect to contract for the services of any public
agency or private enterprise to carry out the planning approvals, inspections, permits and
enforcement authorized by this Ordinance.
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Article II.
Sections:
Prohibited and Exempted Discharges,
Illicit Connections, and Liabilities
8.28.200
8.28.210
8.28.220
8.28.230
8.28.240
Prohibited discharges.
Exempted discharges.
Prohibition on illicit connections.
Liability for prohibited discharges.
Liability for illicit connections.
8.28.200
Prohibited discharges.
A. The following discharges are prohibited:
1. Discharges into stormdrains in a manner causing, or threatening to cause, a
condition of pollution, contamination, or nuisance (as defined in ewe section
13050), in water of the State.
2. Discharges into stormdrains that cause or contribute to exceedances of water
quality objectives for surface water or groundwater.
3. Discharges into stormdrains containing pollutants which have not been reduced
to the Maximum Extent Practicable (MEP).
B. Discharges including, but not limited to, the following are prohibited from entering any
stormdrain:
1. Sewage;
2. Wash water resulting from the hosing or cleaning of gas stations, auto-repair
garages, or other types of fueling or automotive services facilities;
3. Runoff resulting from the cleaning, repair, or maintenance of any type of
equipment, machinery, or facility including motor vehicles, cement-related
equipment, port-a-potty servicing, etc.;
4. Wash water resulting from mobile operations such as mobile automobile
washing, steam cleaning, power washing, and carpet cleaning, etc.;
5. Wash water resulting from the cleaning or hosing of impervious surfaces in
municipal, industrial, and commercial areas including parking lots, streets,
sidewalks, driveways, patios, plazas, work yards and outdoor eating or drinking
areas, etc.;
6. Runoff resulting from material storage areas containing chemicals, fuels, grease,
oil, other hazardous materials;
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7.
Pool or fountain water containing chlorine, biocides, or other chemicals;
discharges of pool or fountain filter backwash water;
Sediment, pet waste, vegetation clippings, or other landscape or construction-
related wastes; and
8.
9.
Food-related wastes (e.g., grease, fish processing and restaurant kitchen mat
and trash bin wash water, etc.).
Exempted discharges.
8.28.210
A. Cateaoricallv Allowed Discharaes. The following discharges are exempt from discharge
prohibitions established by this Ordinance:
1. Diverted stream flows;
2. Rising ground water;
3. Uncontaminated ground water infiltration;
4. Uncontaminated pumped ground water;
5. Foundation drains;
6. Springs;
7. Water from crawl space pumps;
8. Footing drains;
9. Air conditioning condensation;
10. Flows from riparian habitats and wetlands;
11. Water line flushing;
12. Landscape irrigation;
13. Discharges from potable water sources other than water main breaks;
14. Irrigation water;
15. Lawn watering;
16. Individual residential car washing;
17. Non-emergency flows due to fire fighting activities; and
18. Discharges from pools and fountains, provided such discharges are de-
chlorinated.
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B. Seoaratelv Permitted Discharaes. The following discharges are exempt from discharge
prohibitions established by this Ordinance, provided compliance with all relevant permit
conditions is maintained to the satisfaction of the RWQCB:
1. Discharges regulated under either a valid facility-specific NPDES Permit or
facility-specific Waste Discharge Requirements Permit which has been issued by
the Environmental Protection Agency ("EPA") or the State of California.
C. Exemotions to Protect Public Health and Safety. Discharges determined by the City
Engineer to be necessary to protect public health and safety including but not limited to
prevent flooding of public or private property are exempt from the discharge prohibitions
established by this Ordinance. In such situations, the determination of the City Engineer
that a discharge is necessary may initially be made verbally but must promptly be
confirmed in writing.
8.28.220
Prohibition on illicit connections.
A. No person shall:
1. Act, cause, permit or suffer any agent, employee, or independent contractor, to
establish, construct, maintain, operate or utilize any illicit connection, to cause,
allow or facilitate any prohibited discharge listed in Section 8.28.200, Prohibited
discharges.
2. Establish, continue, cause, allow or maintain any discharge that would result in or
contribute to a violation of the permit, any State General Permit, or any other
NPDES permit or set of waste discharge requirements issued by the Regional
State Board, the Regional Board, or the EPA, either separately or in combination
with other discharges.
B. The prohibition against illicit connections shall apply, regardless of whether the
connection was established prior to the date on which this Ordinance was enacted.
C. A civil or administrative violation of this Ordinance shall occur, regardless of a person's
negligence or their intent to construct, maintain, operate or utilize an illicit connection or
to cause, allow or facilitate any prohibited discharge.
8.28.230
Liability for prohibited discharges.
A. Municioal NPDES Permit.
1. Any discharge that would result in or contribute to a violation of an existing or
subsequently-adopted municipal NPDES permit(s) or any amendment or revision
thereto or re-issuance thereof either separately considered or when combined
with other discharges, is a violation of this Ordinance and is prohibited. Liability
for any such discharge shall be the responsibility of the person(s) causing or
responsible for the discharge, and such persons shall defend, indemnify and hold
harmless the City in any administrative or judicial enforcement action relating to
such discharge.
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2. The City Engineer may give written notice to the owner, operator, or occupant of
the property or facility that the activities responsible for the discharge shall cease
until such discharge is contained, treated, or disposed of properly. The written
notice to mitigate the discharge shall expire thirty (30) days commencing upon
delivery of the notice. Upon expiration of the thirty (30) day period, any such
discharge shall constitute a violation of this Ordinance.
B. NPDES Permit for Industrial. Construction and Dewaterinc Activities. Any person
associated with industrial, construction, dewatering or other activities and discharges
subject to any NPDES permit issued by the United States Environmental Protection
Agency, the State Water Resources Control Board, or the San Diego Regional Water
Quality Control Board, shall comply with all requirements of such permits. Such
Dischargers shall specifically comply with the requirements outlined in the respective
State General Permits. Proof of compliance with said NPDES general permits may be
required in a form acceptable to the City Engineer prior to issuance of any city grading,
building, or occupancy permits. (Ord. 99-10 ~ 1 (part))
8.28.240
Liability for illicit connections.
Liability for any illicit connection shall be the responsibility of the person(s) causing or
responSible for the, and such person(s) shall defend, indemnify and hold harmless the City in
any administrative or judicial action relating to such connection.
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Article III .
Legal Authority and Enforcement
Sections:
8.28.300
8.28.310
8.28.320
Responsibility for administration.
Violations and penalties.
Enforcement.
8.28.300
Responsibility for administration
This Ordinance shall be administered for the City of Temecula by the City Engineer or his or her
representative.
8.28.310
Violations and penalties.
A. It shall be unlawful for any person to conduct any work or business, or cause the same
to be done, contrary to or in violation of any of the provisions of this Ordinance and State
or Federal laws.
B. The issuance of a grading or building permit, performance of permit inspections, or
issuance of a certificate of occupancy may be withheld, revoked or suspended on
property on which a violation of the provisions of this Ordinance exist, including work not
performed in accordance with the approved plans, until such violation(s) has been
corrected to the satisfaction of the City Engineer.
C. For existing industrial and commercial business facilities, violations of this Ordinance
may be grounds for the suspension or revocation of a City business license in
accordance with Chapter 5.04, Business Licenses and Regulations, of the Temecula
Municipal Code.
8.28.320
Enforcement.
Violation of the provisions of this Ordinance shall be prosecuted pursuant to the provisions of
Chapters 1.20, General Penalty, and 1.21, Administration Penalties - Citations, of the Temecula
Municipal Code and may be abated as public nuisances pursuant to Chapter 8.12 of the
Temecula Municipal Code.
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Article IV.
Permits
Sections:
8.28.400
8.28.410
8.28.420
Permit requirements for Construction and Industrial/Commercial
activities.
Penalties.
Compliance with laws.
8.28.400
Permit requirements for Construction and Industrial/Commercial activities.
A. State-issued Permits. Each person associated with any individual NPDES permit or
State General NPDES Permit shall comply with all the requirements of such permits.
Each person identified in these permits shall comply with and undertake all activities
required by such permits. The City Engineer may require any person to which such a
permit has been issued to provide proof of compliance with any such permit, in a form
acceptable to the City Engineer, or his/her designated representative, prior to the
issuance of any grading, building or occupancy permits, or any other type of permit or
license issued by the City.
B. Citv-issued Permits. An application for any of the following permits or approvals shall
demonstrate how the requirements of this Ordinance will be met, and the permit or
approval shall not be approved unless the City Engineer determines that the application
complies with the requirements of this Ordinance:
1. Commercial Development Plan
2. Residential Development Plan
3. Industrial Development Plan
4. Grading Plan
5. Building Permit
6. Improvement Plan
7. Conditional Use Permit
8. Tentative Map Modifications
9. Map Modifications
B. Permit Susoensions or Revocations. The City Engineer may suspend or revoke any
permit issued by the City when it is determined that:
1. The permittee has violated any term, condition, or requirement of the permit, or
any applicable provision of this Ordinance;
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2. The circumstances have changed so that it is no longer appropriate to except the
Discharge.
3. The permittee fails to comply with any schedule for compliance issued pursuant
to this Ordinance; or
4. Any regulatory agency, including the EPA, the State Board or a Regional Water
Quality Control Board having jurisdiction over the discharge, notifies the City that
the discharge should be terminated.
C. Permit Modifications. The City Engineer may modify any permit when it is determined
that:
1. Federal or state law requirements have changed in a manner that necessitates a
change in the permit; or
2. The permittee's discharge or the circumstances under which the discharge
occurs have changed; or
3. A change to the permit is necessary to ensure compliance with the objectives of
this Ordinance, or to protect the quality of receiving waters.
D. Aooeals. The determination that a permit shall be denied, suspended, revoked or
modified may be appealed pursuant to the procedures identified in Article VI., Legal
Authority and Enforcement, of this Ordinance. The permittee may request a temporary
variance to continue to discharge pending issuance of a final decision through the
appeal process.
E. Notification. The permittee shall be informed of any change in the permit terms and
conditions at least forty-five (45) business days prior to the effective date of the modified
permit.
8.28.410
Penalties.
Any violation of the terms, conditions and requirements relating to the control of discharges to
the storm drain system of any permit issued by the City shall constitute a violation of this
Ordinance and subject the violator to the administrative, civil and criminal remedies available
under this Ordinance.
8.28.420
Compliance with laws.
Compliance with the terms, conditions and requirements of a permit issued by the City shall not
relieve the permittee from compliance with all federal, state and local laws, regulations and
permit requirements, applicable to the activity for which the permit is issued.
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Article V .
Control of Urban Runoff
Sections:
8.28.500
New development projects and modifications to existing
development.
Expiration of plans.
Existing development.
8.28.510
8.28.520
8.28.500
New development projects and modifications to existing development.
A. General Reauirements. New development and modifications to existing development
shall be designed to control pollutants in stormwater and urban runoff so as to prevent
any deterioration of water quality that would impair subsequent or competing uses of the
receiving waters. The City Engineer shall approve the BMPs that may be implemented to
prevent such deterioration and shall approve the manner of implementation. New
development and modifications to existing development shall comply with the following:
B Construction Runoff Comoliance. All individual grading and building projects with active
grading or building permits shall implement measures, including adherence to the
SWPPP, to ensure that all pollutants from the site will be either eliminated or reduced to
the maximum extent practicable, and will not cause or contribute to an exceedance of
water quality objectives as described in the San Diego Regional Water Quality Control
Board Basin Plan. All grading and building activities will be in compliance with the
Grading, Erosion and Sediment Control Ordinance; the Grading Manual; other
applicable ordinances; Federal, State, and local permits; and other applicable
requirements.
C. Water Qualitv Manaaement Plan CWQMPl Reauired. New development and
modifications to existing development projects shall comply with the following:
1. A Water Quality Management Plan (WQMP) shall be required for all new
development projects that meet the specified categories listed in the City of
Temecula MS4 Permit and modifications to existing development projects as
defined in the MS4 Permit.
2. Projects not requiring a WQMP will be required to implement minimum BMPs
designated by the City according to conditions and requirements established by
the City Engineer.
3. A WQMP shall be required if the City Engineer determines that the development
may result in the discharge of significant levels of a Pollutant into a tributary to
the Stormwater Drainage System.
4. If the City Engineer determines that the project will have a de minimis impact on
the quality of stormwater and urban runoff, then the City Engineer may issue a
written waiver of the requirement for preparation and acceptance of a WQMP.
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D. Contents of a WQMP.
1. The BMPs identified in the WQMP shall address site design, source controls and
treatment controls by:
a. Controlling the post-development urban runoff discharge velocities,
volumes, durations, and peak flow rates to maintain or reduce pre-
development urban discharge velocity, volume, durations, and peak flow
rates;
b. Conserving natural areas where feasible;
c. Identifying pollutants for which water bodies receiving the development's
runoff are listed as impaired under CWA section 303(d) and all identifying
pollutants associated with the land use of the development.
d. Correctly designing BMP's to effectively remove or treat the pollutants
associated with the project;
e. Minimizing directly connected impervious areas;
f. Protecting slopes and channels from downstream erosion;
g. Including storm drain stenciling and signage;
h. Including properly designed outdoor material storage areas;
i. Including properly designed trash storage areas;
j. Including proof of a mechanism to ensure ongoing long-term BMP
maintenance, and following any transfers of ownership.
k. Increasing permeable areas;
I. Implementing BMPs close to pollutant sources and prior to discharging
into receiving waters;
m. Ensuring that post-development runoff does not contain pollutants which
cause or contribute to an exceedance of water quality objectives, as
outlined in the SDRWQCB Basin Plan, and have been reduced to the
MEP;
n. Not constructing BMP's in receiving waters; and
o. Not using a receiving water as a BMP.
2. During the planning application submittal process for any new development or
modifications to existing development, the permittee shall submit a WQMP. The
applicant shall obtain the City Engineer's acceptance of a WQMP prior to the
issuance of a permit land use approval or, at the City's discretion, prior to
recordation of a map. The Public Works Department shall review all WQMPs
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and impose terms, conditions and requirements on the project in accordance with
this Ordinance prior to the City's issuance of a permit, approval, or map.
3. New development and modifications to existing development shall implement
and adhere to the terms, conditions and requirements of the approved WQMP.
4. The City Engineer may require that the WQMP, or components within the
WQMP, be recorded with the County Recorder's office. The signature of the
property owner, or successor in interest, shall be sufficient for the recording of
the plan or any revised plan. A signature on behalf of the City shall not be
required for recordation.
E. The Drainaae Area Manaaement Plan (DAMP). All New Development and Modifications
to existing development projects shall also be undertaken and implemented in a manner
that is consistent with the DAMP, and shall also fulfill any conditions and requirements
established by the Planning Department and Public Works Department which are related
to the reduction or elimination of Pollutants in stormwater and urban runoff from the
project site.
F. Continuation of Terms. Conditions and Reauirements for New Develooment or
Modifications to Existina Develooment Proiects. All terms, conditions and
requirements which the Planning and Public Works Departments have initially imposed
pursuant to this Section for either a new development or modifications to existing
development project shall remain in effect upon the transfer of the property. Any owner
of the property, or their successors, or assigns, shall be in violation of this Ordinance if
they fail to implement and/or adhere to the terms, conditions and requirements imposed
pursuant to this Section on a New Development or Modifications to existing development
project.
8.28.510
Expiration of plans.
A. Approved plans for which no inspections have occurred shall expire 180 days following
the date of submittal and may be returned to the applicant or may be destroyed by the
City Engineer without additional notice to the applicant.
B. The City Engineer may extend the time for action by the applicant for a period not
exceeding 180 days upon written request by the applicant showing that circumstances
beyond the reasonable control of the applicant have prevented action from being taken.
C. In order to renew action after the plans have expired pursuant to the Ordinance, the
applicant shall resubmit the plans and pay the most current plan review fee.
8.28.520
Existing development.
A. General Reauirements. Existing development shall prevent pollutants from discharging
into stormdrain systems, and shall control stormwater runoff so as to prevent any
deterioration of water quality that would impair subsequent or competing uses of the
water. The City Engineer shall identify the BMPs that shall be implemented to prevent
such deterioration and shall identify the manner of implementation. '
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B. Industrial and Commercial Business Facilities. Each person in charge of day to day
operations of an industrial or commercial business facility in the City shall implement
those minimum BMPs as may be designated by the City Engineer. For those facilities
that are tributary to impaired water bodies and/or are directly. adjacent to or discharging
directly to receiving waters, BMPs shall include additional controls as the City Engineer
may require.
C. Common Interest Areas. Homeowners' Associations. and Prooertv Manaaement
Oraanizations. Each person who owns, operates, or is in charge of day to day activities
of common interest areas on Private Property in the city shall ensure that runoff from
within common interest areas, including private roads, drainage facilities, and other
components of the storm water conveyance system, meets the objectives of the City's
permit and this Ordinance..
D. Litter control.
1. No person shall dump, dispose, or stockpile any waste material, including but not
limited to common household rubbish or garbage of any kind (whether generated
or accumulated at a residence, business or other location), upon any public or
private property, whether occupied, open or vacant, including but not limited to,
any street, sidewalk, alley, right-of-way, open area or point of entry to the storm
drain system, except in trash containers, or at a lawfully established waste
disposal facility.
2. Any person who owns or occupies a property on which a prohibited disposal of
waste materials occurs shall ensure that all such waste materials are properly
collected and disposed of within a reasonable period of time.
3. Any person who either owns or occupies property and who fails to comply with
the requirements of this Ordinance may be charged with creating a nuisance
upon the property.
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Sections:
8.28.600
8.28.610
8.28.620
8.28.630
8.28.640
8.28.600
Article VI .
Regulatory Inspections
Right to inspect.
Records review.
Authority to sample and test.
Monitoring.
Test results.
Right to inspect.
A. Normal Conditions. For routine inspections, the City Engineer may inspect construction
sites, industrial and commercial business facilities, and associated activities subject to
this Ordinance at reasonable times and in a reasonable manner to carry out the
purposes of this Ordinance. If entry for a regulatory inspection is refused by a
construction site representative, or by a facility owner, occupant, or operator, an
inspection warrant shall be obtained prior to inspection.
1. When any new structural BMP is installed on private property as part of a project
that requires a City permit or business license, in order to comply with this
Ordinance, the property owner, occupant or operator shall provide the City
access for inspection of BMPs to ensure that the BMP is working properly. This
includes the right to enter the property without prior notice, as needed, when the
City has a reasonable basis to believe that the BMP is not working properly, or to
enter for any follow-up inspections, or to enter when necessary for abatement of
a nuisance or correction of a violation of this Ordinance.
2. Inspections may include all actions necessary to:
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a.
Determine whether any illegal discharges or illegal connections exist;
b.
Determine whether the BMPs installed and implemented are adequate to
comply with this Ordinance;
c.
Determine whether the BMPs are being properly maintained;
d.
Determine whether the facility or activity complies with the other
requirements of this Ordinance;
e.
Identify products produced, processes conducted, chemicals used and
materials stored on or contained within the property that could constitute
a threat to water quality if a discharge occurs;
f.
Identify point(s) of discharge of all wastewater and processed water;
Establish the location of all points of discharge from the property, whether
by surface runoff or through a storm drain system;
h.
17
i. Locate any Illicit Connection or the source of any Prohibited Discharge;
j. Evaluate compliance with any permit issued by the City relating to a
discharge to the Storm Drain System; or
k. Investigate any complaints forwarded to the City by third parties related to
discharge. This may include, but may not be limited to sampling,
metering, visual inspections, and records review.
B Emeraencv Conditions. If the City Engineer has reasonable cause to believe that non-
stormwater runoff is actively discharging from the property onto any public street, inlet,
gutter, or any other storm drain system, the City Engineer shall have the right to
immediately enter and inspect said property regardless of whether said property is
occupied or unoccupied. and regardless of whether formal permission to inspect said
property has been obtained. .
8.28.610
Records review.
I
The City Engineer may inspect the property owner's, occupant's, or operator's records relating
to chemicals or processes presently or previously occurring on-site, including but not limited to.
material and/or chemical inventories, facility maps or schematics and diagrams, Material Safety
Data Sheets, hazardous waste manifests, business plans, pollution prevention plans, State
General Permits, Stormwater Pollution Prevention Plans, Monitoring Program Plans, any
records relating to Illicit Connections, Prohibited Discharges, or any other source of contribution
or potential contribution of Pollutants to the Storm Drain System. Records, reports, analyses, or
other information required under this Ordinance may be inspected and copied, and photographs
taken to document a condition and/or a violation of this Ordinance.
8.28.620
Authority to sample and test.
The City Engineer may inspect, sample and test any area runoff, soils area (including
groundwater testing), process discharge, materials within any waste storage area (including any
container contents), and/or discharge from any treatment system for the purpose of determining
the potential for contribution of pOllutants to the storm drain system. The City Engineer may
investigate the integrity of all storm drain and sanitary sewer systems, or other pipelines on the
property using appropriate tests, including but not limited to smoke and dye tests or video
surveys. The City Engineer shall be authorized to document conditions on the property by any
reasonable means. It shall be a violation of this Ordinance for anyone other than the City
Engineer to tamper, dismantle or otherwise intentionally disable, modify or in any way damage
such monitoring devices.
8.28.630
Monitoring.
The City Engineer may erect and maintain monitoring devices for the purpose of measuring any
discharge or potential source of discharge to the Storm Drain System.
8.28.640
Test results.
Upon submission of a written request by the owner or occupant of the property subject to
inspection, the City Engineer shall provide copies of all monitoring and test results conducted to
the owner or occupant.
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Article VII .
Plan Review and Inspection Fees
Sections:
8.28.700
WQMP review fees - new development projects and modification to
existing development.
Inspection fees.
Refunds.
8.28.710
8.28.720
8.28.700
WQMP review fees - new development projects and modifications to
existing development.
When WQMPs are required pursuant to the provisions of this Ordinance, the City Engineer shall
collect the required plan review fee and/or deposit as required by this Ordinance and by City
Council resolution establishing applicable fees and deposits.
8.28.710
Inspection fees.
A. Construction Proiects. When follow-up site inspections are required in accordance with
new development projects and modifications to existing development pursuant to the
provisions of this Ordinance, the City Engineer shall collect the inspection fee as
required by this Ordinance and by City Council resolution establishing applicable fees
and deposits.
B. Existinc Commercial and Industrial Businesses. In addition to the City's annual business
licensing requirements pursuant to Chapter 5.04, Business Licenses and Regulations, of
the City's Municipal Code, existing commercial and industrial businesses, listed in the
City's NPDES Permit, shall pay an annual inspection fee to ensure compliance with the
City's NPDES Permit, as required by this Ordinance and by City Council resolution
establishing applicable fees and deposits.
8.28.720 Refunds.
After submittal and commencement of processing by the City, no fee(s) collected pursuant to
this division, shall be refunded in whole or in part, except as provided as follows:
A. Inspection fees may be refunded, less any City expenses incurred, including an
overhead charge of twenty percent (20%), at any time prior to the start of the work upon
the applicant's written request, provided any City permit has expired or has been
withdrawn.
B. No refund shall be made if the applicant or permittee has any outstanding debts owed to
the City, or if corrective work remains to be done.
C. No refund shall be made pursuant to this section if a request for refund is submitted to
the City more than one (1) year from the date of payment of the fee as to which a refund
is claimed.
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Article VIII.
Definitions of Terms
Sections:
8.28.800
Definitions.
Whenever in this Ordinance and the Manual, or in any resolution or standard adopted by the
City Council pursuant to this Ordinance, the following terms are used, they shall have the
meaning ascribed to them in this section, unless it is apparent that some other meaning is
intended:
"Authorized InsDector" means the City Engineer and all persons designated by him/her and
under his/her instruction and supervision, who are assigned to investigate compliance with,
detect violations of, and/or take actions pursuant to this Ordinance.
"Best Manaaement Practices" or "BMPs" means, as defined in 40 CFR 122.2, schedules of
activities, prohibitions of practices, maintenance procedures, and other management practices
to prevent or reduce the pollution of waters of the U.S. BMPs also include treatment
requirements, operating procedures and practices to control plant site runoff, spillage or leaks,
sludge or waste disposal, or drainage from raw material storage.
"City Enaineer" means the Director of Public Works/City Engineer of the City of Temecula, or
his or her designee.
"ComDliance Schedule" means the time period allowed by the City for a discharger to achieve
compliance with the requirements of this Ordinance. The Compliance Schedule shall contain
specific dates by which adequate treatment facilities, devices, or any other related equipment
and/or procedures shall be installed or implemented.
"Construction Activity" means any activity used in the process of developing, redeveloping,
enhancing, or maintaining land, including, but not limited to, land disturbance, building
construction, paving and surfacing, storage or disposal of construction related materials.
"Construction Site" means any project requiring a local grading or building permit, including
projects requiring coverage under the General Construction Permit that involves soil disturbing
activities. Soil disturbing activities include clearing, grading, excavation and any other
disturbances to ground. This definition includes stockpiling.
"Contamination" means, as defined in the Porter-Cologn Water Quality Control Act,
contamination is "an impairment of the quality of waters of the State by waste to a degree which
creates a hazard to the public health through poisoning or through the spread of disease.
'Contamination' includes any equivalent effect resulting from the disposal of waste whether or
waters of the State are affected."
"Co-Permittee" means the County of Riverside, the Riverside County Flood Control and Water
Conservation District and the City of Murrieta which are responsible for compliance with the
terms of the Permit.
"CWA" means the Clean Water Act.
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"DAMP" means the Riverside County Drainage Area Management Plan, as the same may be
amended from time to time.
"Discharae" means any release, spill, leak, flow, escape, leaching (including subsurface
migration or deposition to groundwater), dumping or disposal of any liquid, semi-solid or solid
substance.
"Discharae ExceDtion" means those activities not restricted or prohibited by this Ordinance or
exempted under Section A of the Permit or a subsequent Permi!.
"Discharaer" means any person, any property owner, or any occupant of any unit, building,
premises or lot within the City, who either discharges or causes to be discharged any of the
substances listed under "Discharge," above, either directly or indirectly, into the City's Storm
Drain System.
In any action taken to enforce this Ordinance, the burden shall be on the person who is the
subject of such action to establish that a Discharge was within the scope of this discharge
Exception.
"Enforcina AttorneY" means the City Attorney, or the District Attorney acting as counsel to the
City of Temecula, and his/her designee, which counsel is authorized to take enforcement action
as described herein. For purposes of criminal prosecution, only the District Attorney and/or City
Attomey, or his/her designee, shall act as the Enforcing Attorney.
"ESA" means Environmentally Sensitive Areas "in which plant or animal life or their habitats are
either rare or especially valuable because of their special nature or role in an ecosystem and
which would easily be disturbed or degraded by human activities and developments" (California
Public Resources Code section 30107.5). ESAs subject to urban runoff requirements included
but are not limited to all CWA section 303 (d) impaired water bodies, areas designated as Areas
of Special Biological Significance by the SWRCB (Basin Plan); water bodies designated with the
RARE beneficial use by the SWRCB (Basin Plan); areas within the Western Riverside County
Multi-Species Habitat Conservation Plan (MSHCP) plan areas that contain rare or especially
valuable plant or animal life or their habitat; and any other equivalent environmentally sensitive
areas which the Permittees have identified..
"Hearina Officer" means the City Engineer or his/her designee, who shall preside at any
administrative hearings authorized by this Ordinance, and who is authorized to issue final
decisions on the matters raised therein. .
"Illicit Connection" means any connection to the MS4 that conveys an illicit discharge.
"Illicit Discharae" means any discharge to the MS4 that is not composed entirely of storm
water except discharges pursuant to a NPDES permit and discharges resulting from fire fighting
activities [40 CFR 122.26(b)(2)].
"Invoice for Costs" means the actual costs and expenses of the City, including but not limited
to administrative overhead, salaries and other expenses recoverable under California law,
incurred during any Inspection conducted pursuant to Article IV of this Ordinance or where a
Notice of Noncompliance, Administrative Compliance Order or other enforcement option under
Article V of this Ordinance is utilized to ensure compliance with this Ordinance.
R:/Ord 2005/0rds 05-13
21
"Maximum Extent Practicable" ("MEP") means the technology-based standard established by
Congress in CWA section 402(p)(3)(B)(iii) that operators of MS4s must meet. Technology-
based standards establish the level of pollutant reductions that dischargers must achieve,
typically by treatment or by a combination of source control and treatment control BMP's. MEP
generally emphasizes pollution prevention and source control BMP's primarily (as the first line of
defense). The definition of MEP is dynamic and will be defined by the following process over
time; municipalities propose their definition of MEP by way of the SWMP. Their total collective
and individual activities conducted pursuant to the SWMP becomes their proposal for MEP as it
applies both to their overall effort, as well as to specific activities (e.g., MEP for street sweeping,
or MEP for MS4 maintenance).
"Modifications to existina development" means the creation or addition of impervious
surfaces or the making of improvements to an existing structure on an already developed site;
replacement of impervious surfaces that are not part of a routine maintenance activity; and land
disturbing activities related to structural or impervious surfaces. This definition is consistent with
the term "Redevelopment" as referenced in the MS4 permit.
"New Development" means all public and private residential (whether single family, multi-unit or
planned unit development), industrial, commercial, retail, and other non-residential construction
projects, or grading for future construction, for which a land use approval, grading permit,
building permit or "non-residential plumbing permif is required.
"Non-residential Plumbina Permit" means a plumbing permit authorizing the construction
and/or installation of facilities for the conveyance of liquids, other than stormwater, potable
water, reclaimed water or domestic sewage.
"NPDES or "National Pollution Discharae Elimination Svstem" means the national program
for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits,
and imposing and enforcing pretreatment requirements, under Sections 307, 318, 402, and 405
of the CW A.
"Owner or Operator" means the owner or operator of any facility or activity subject to
regulation under the NPDES program..
"Permit" means the current permit issued by the Regional Board, under the authority of the
Federal Clean Water Act, or any succeeding permit, and any other currently applicable
municipal discharge permit[s], which establishes waste discharge requirements applicable to
stormwater and urban runoff within the City.
"Permittee" means any person, property owner, contractor, or authorized agent to whom a
permit is issued pursuant to this Ordinance.
"Person" means an individual, association, partnership, corporation, municipality, State or
Federal agency, or any agent or employee thereof [40 CFR 122.2].
"Pollutant" means any agent that may cause or contribute to the degradation of water quality
such that a condition of pollution or contamination is created or aggravated.
"Prohibited Discharae" means any Discharge which contains any Pollutant, from public or
private property to (i) the Storm Drain System; (ii) any upstream flow, which is tributary to the
Storm Drain System; (iii) any groundwater, river, stream, creek, wash or dry weather arroyo,
R:tOrd 2005tOrds 05-13
22
wetlands area, or marsh; or (iv) which is otherwise prohibited by the Permit. The term
'Prohibited Discharge" shall not include discharges allowable under the Discharge Exception.
"Receiving Waters" means the waters of the United States. This applies to natural drainage
channels, active or not, including all tributaries leading to streams, creeks, rivers, and other
waterbodies.
'Regional Board" or SDRWQCB refers to the San Diego Regional Water Quality Control Board
which has jurisdiction over the City.
'Modifications to existing development" means the rehabilitation or reconstruction of publiC
or private residential (whether single family, multi-unit or planned unit development), industrial,
commercial, retail, or other non-residential structures, for which either a land use approval,
grading permit, building permit or Non-residential Plumbing Permit is required.
"Site" means the real property on which activities subject to this Ordinance may occur.
'State Board" or 'SWRCB" means the State Water Resources Control Board.
'State General Permit" means either the State General Industrial Stormwater Permit or the
State General Construction Permit, as the same may be amended from time to time, and the
terms and requirements of either or both permits. In the event the EPA revokes the in-lieu
permitting authority of the State Board, then the term State General Permit shall also refer to
any EPA-administered stormwater control program for industrial activities, construction
activities, or any other type of activity that is subsequently regulated through a state general
Permit.
'Storm Drain Svstem" means street gutter, channel, storm drain, constructed drain, lined
diversion structure, wash area, inlet, outlet, stream, creek, river, or other facility within the City
limits, which is a part of or tributary to the County-wide stormwater runoff system and owned,
operated, maintained or controlled by the City, the County of Riverside, the Riverside County
Water Conservation and Flood Control District or any Co-Permittee, and used for the purpose of
collecting, storing, transporting, or disposing of stormwater.
"Stormwater Manual" means the City of Temecula Administrative and Technical Procedures
Manual for Stormwater and Urban Runoff Management and Discharge Control.
"Stormwater Runoff' means that part of precipitation (rainfall) which travels via flow across a
surface to the MS4 or receiving waters from impervious, semi-perivious or pervious surfaces.
"Urban Runoff' means surface water flow produced by non-stormwater resulting from
residential, commercial and industrial activities involving the use of potable and non-potable
water.
"WQMP" means a Water Quality Management Plan.
R:/Ord 2005/0rds 05-13
23
I ,
Section 21: The City Council authorizes and directs the Director of Public Works/City
Engineer to prepare and utilize a manual of standards setting forth the administrative
procedures and technical requirements necessary to implement the provisions of this
Ordinance. Such rules, procedures, and requirements shall be entitled "The City of Temecula
Administrative and Technical Procedures Manual for Stormwater and Urban Runoff
Management and Discharge Control" in substantially the form set forth in Exhibit A.
Section 22: If any provision of this Ordinance or the application thereof to any person .
or circumstance is held invalid, such invalidity shall not affect other provisions or application,
and to this end, the provisions of this Ordinance are declared to be severable.
Section 23: Environmental Determination. The construction and
industrial/commercial activities regulated by this Ordinance represent an implementation
component of the adopted General Plan to mitigate potential and theoretical impacts to water
quality. The general impacts of the General Plan were evaluated in the Final Environmental
Impact Report that was prepared for the updated General Plan. The Final EIR for the General
Plan was certified by the City Council on April 12, 2005. The adoption of the proposed
Ordinance will allow the City to establish procedures and requirements that will regulate
pOllutants in stormwater and urban runoff within the City. The proposed Ordinance is expected
to result in benefits to the waters of the United States and the protection of the environment. No
new development will occur because of the adoption of this Ordinance. Therefore, this project
is categorically exempt from CEQA pursuant to the provision of Sections 15308 and
15601 (b)(3), and therefore, no further environmental review is required. The City further
acknowledges that the action is the replacement of the existing regulatory ordinance with an
ordinance of similar character reflecting the current state of the applicable law. In light of this
deminimus substitution the general rule of CEQA as set forth in State CEQA Guidelines Section
15601(b)(3) is also deemed applicable to this action as it can be seen with certainty that the
adoption of this superceding ordinance will not cause new or additional adverse effects upon the
environment.
Section 24: 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 25: 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, or a summary hereof, be published in a newspaper
published and circulated in said City.
R:/Ord 2005/0rds 05-13
24
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula on
the 28th day of June, 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. 05-13 was duly introduced and placed upon its first reading at a
meeting of the City Council on the 28th day of June 2005, and that thereafter, said Ordinance
was duly adopted and passed at a meeting of the City Council on the _ day of _2005, by
the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSTAIN:
Susan W. Jones, CMC
City Clerk
R:/Ord 2005/0rds 05-13
25
TEMECULA COMMUNITY.
SERVICES DISTRICT
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA COMMUNITY SERVICES DISTRICT
JUNE 28, 2005
A regular meeting of the City of Temecula Community Services District was called to order at
8:41 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT:
5
DIRECTORS:
Comerchero, Edwards, Naggar, Roberts,
and Washington
ABSENT:
o
DIRECTORS:
None
Also present were General Manager Nelson, City Attorney Thorson, and Deputy City Clerk Ballreich.
PUBLIC COMMENTS
No comments.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of June 14, 2005.
2 Second Amendment to the Citywide Tree Maintenance Services Contract
RECOMMENDATION:
2.1 Approve the Second Amendment with West Coast Arborist, Inc. for $100,000
plus a 10% contingency of $10,000 and extend the agreement to June 30, 2006.
3 Second Amendment to the Midori Gardens. Inc. Maintenance Services Contract
RECOMMENDATION:
3.1 Second Amendment to the Midori Gardens. Inc. Maintenance Services Contract
4 Annual Maintenance Services Contract
RECOMMENDATION:
4.1 Approve the minor annual maintenance and construction contracts for Fiscal
Year 2005-2006 for an amount not to exceed as follows:
R:IMinutes.csdI062805
. Rizzo Construction
. Murrieta Development
. Monteleone Construction, Inc.
. Power Distributors, Inc.
. Alexander Padfic
. Strong Painting
. Imperial Paving Company, Inc.
. N.P.G., Inc.
. Golden State Fence
. Moore Fence
. Craftsmen Plumbing
. Steam Superior
. Wurms Janitorial Services
. Park Specialties
$200,000
$100,000
$100,000
$125,000
$100,000
$100,000
$ 75,000
$ 75.000
$ 75,000
$ 75,000
$ 75,000
$ 50,000
$ 50.000
$100,000
5 Professional Services Aareement for TCSD Landscaoe Plan Check and Insoection
Services
RECOMMENDATION:
5.1 Approve a Professional Services Agreement with PELA, a Landscape
Architectural Firm, for TCSD landscape plan check and inspection services in the
amount of $60,000 and authorize the Board President to execute the agreement.
6 Inclusion of Tracts into Service Level B and Service Level C for Fiscal Year 2005-2006
RECOMMENDATION:
6.1 Adopt a resolution entitled:
RESOLUTION NO. CSD 05-17
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT ACCEPTING
CERTAIN TRACTS INTO TCSD SERVICE LEVEL B FOR
PURPOSES OF FUNDING THE ENERGY CHARGES FOR
RESIDENTIAL STREET LIGHTS BEGINNING FISCAL YEAR
2005.2006
6.2 Adopt a resolution entitled:
RESOLUTION NO. CSD 05.18
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT ACCEPTING
CERTAIN TRACTS WITHIN THE HARVESTON DEVELOPMENT
INTO SERVICE LEVEL C BEGINNING FISCAL YEAR 2005-
2006
R:\Minutes.csdI062805
2
6.3 Authorize the City Clerk/District Secretary to record the slope easement
documents.
7 Arts Council Community Grant Aareement
RECOMMENDATION:
7.1 Approve the Community Grant Agreement between the Temecula Community
Services District (TCSD) and the Arts Council of Temecula Valley in the amount
of $40,000.
8 Acceot the Quitclaim Deed for a Landscaoe Maintenance Easement from the County of
Riverside of Redhawk Park A
RECOMMENDATION:
8.1 Accept the Quitclaim Deed for a Landscape Maintenance Easement from the
County of Riverside for Park Site A in the Redhawk Annexation area;
8.2 Authorize the City Clerk to record the Quitclaim Deed.
MOTION: Mayor Comerchero moved to approve the Consent Calendar. Councilman Robert
seconded the motion and electronic vote reflected unanimous aDDroval.
PUBLIC HEARING
9 TCSD Prooosed Rates and Charaes for Fiscal Year 2005-2006
RECOMMENDATION:
9.1 Adopt a resolution entitled:
RESOLUTION NO. CSD 05-19
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING
RATES AND CHARGES FOR SERVICE LEVEL B.
RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C -
PERIMETER LANDSCAPING, AND SERVICE LEVEL D -
REFUSE AND RECYCLING COLLECTION SERVICES FOR
FISCAL YEAR 2005-2006
9.2 Adopt a resolution entitled:
RESOLUTION NO. CSD 05.20
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING
RATES AND CHARGES FOR SERVICE LEVEL R - ROAD
MAINTENANCE SERVICES FOR FISCAL YEAR 2005.2006
R:\Minules.csdl062805
3
Community Services Director Parker presented the Council with a staff report (of written
material).
For Mayor Comerchero, Director of Community Services Director Parker relayed that Rate Level
11 would be for a new development and will be assessed in the upcoming fiscal year.
Due to no speakers, the publiC hearing was closed.
Councilman Washington praised staff for their ability to provide a high level of service without
increasing fees.
MOTION: Councilman Naggar moved to approve staff recommendation. Mayor Comerchero
seconded the motion and electronic vote reflected unanimous aDDroval.
DISTRICT BUSINESS
DIRECTOR OF COMMUNITY SERVICES REPORT
Director of Community Services Parker informed the audience of the Redhawk annexation
celebration scheduled for Saturday, July 2,2005, from at 10:30 a.m. until 3:00 p.m.; and the Old
Town 4th of July Parade at 10:00 a.m., to be followed by live entertainment at the Ronald
Reagan Sports Park and then annual fire works display.
GENERAL MANAGER'S REPORT
City Manager Nelson thanked Senior Management Analyst Smith, Director of Community Services
Parker, and Deputy Director Ruse for their outstanding efforts regarding community services.
BOARD OF DIRECTORS' REPORTS
No additional comments.
ADJOURNMENT
At 8:50 P.M.. the Temecula Community Services District meeting was formally adjourned to
Tuesday, July 12, 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.csdI062805
4
REDEVELOPMENT
AGENCY
ITEM 1
,
,
,
MINUTES OF A REGULAR MEETING
OF THE TEMECULA REDEVELOPMENT AGENCY
JUNE 28, 2005
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:51
P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT: 5
AGENCY MEMBERS
Comerchero, Edwards, Naggar,
Washington, and Roberts
ABSENT: 0
AGENCY MEMBERS:
None
Also present were Executive Director Nelson, City Attorney Thorson, and Deputy City Clerk
Ballreich.
PUBLIC COMMENTS
No input.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of June 14, 2005.
2 Aareement between Melodv's Ad Works and the Redevelopment Aaencv
RECOMMENDATION:
2.1 Approve an agreement with Melody's Ad Works for promoting and marketing
Special Events in Old Town.
3 Annual Contract for Kevser Marston Associates. Inc. for Real Estate Economic and
Affordable Housina Consultina Services
RECOMMENDATION:
3.1 Approve an agreement with Keyser Marston Associates, Inc. in the amount of
$125,900 to provide as-needed Real Estate Economic and Affordable Housing
Consulting Services;
3.2 Authorize the Redevelopment Chairperson to execute the agreement.
4 Old Town Billboard Lease Aareement
RECOMMENDATION:
R:IMinules.rdaI062805
4.1 Approve a $40,680 Lease Agreement with Lamar Advertising Company for the
Old Town Billboard.
MOTION: Councilwoman Edwards moved to approve Consent Calendar items Nos. 1-4.
Councilman Washington seconded the motion and electronic vote reflected unanimous
aDDroval.
JOINT CITY COUNCIUREDEVELOPMENT AGENCY PUBLIC HEARING
5 Third Amendment to the Disposition and Development AQreement for the Temecula
Education Center
RECOMMENDATION:
5.1 That the City Council adopt a resolution entitled:
RESOLUTION NO. 05-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A THIRD AMENDMENT TO THE
DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA AND AGK GROUP, LLC, FOR THE TEMECULA
EDUCATIONAL COMPLEX
5.2 That the Redevelopment Agency of the City of Temecula adopt a resolution
entitled:
RESOLUTION NO. RDA 05-05
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA APPROVING A THIRD AMENDMENT TO
THE DISPOSITION AND DEVELOPMENT AGREEMENT
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA AND AGK GROUP, LLC, FOR THE TEMECULA
EDUCATIONAL COMPLEX
5.3 Authorize the City Manager to execute the License Agreement and advance
$1,291,750 to AGK Group for the Temecula Educational Complex.
Redevelopment Director Meyer presented a staff report (of record).
For Councilman Naggar, Mr. A.G. Kating, noted that all financing for the proposed Educational
Complex is in place.
MOTION: Councilman Naggar moved to approve staff recommendation. Councilman
Washington seconded the motion and electronic vote reflected unanimous aDDroval.
R:\Minutes.rdaI062805
2
AGENCY BUSINESS
EXECUTIVE DIRECTOR'S REPORT
City Manager Nelson relayed his excitement toward the Temecula Educational Center and the
opportunities it would provide
AGENCY MEMBERS' REPORTS
No additional comments.
ADJOURNMENT
At 8:57 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, July 12, 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:\Minules.rdaI06280S
3
ITEM 2
,
I
,
I
APPROVAL ~
CITY ATTORNEY '-teJPl I
,
DIRECTOR OF ~?W. /JIL I
CITY MANAGER.' !
(.;
,
TEMECULA REDEVELOPMENT AGENCY ,
I
AGENDA REPORT ,
I
I
TO: Executive Director/Agency Members
John Meyer, Redevelopment Director ~ ,
I
FROM: i
I
,
DATE: July 12, 2005
,
SUBJECT: Revision of the Residential Improvement Program. ,
I
RECOMMENDATION: Staff recommends that the Redevelopment Agency Board of Directors ,
approve the revised Program Parameters for the Residential Improvement Program.
I
BACKGROUND: On September 4, 1996, the Redevelopment Agency approved the ,
Residential Improvement Program to assist low to moderate income property owners with the
rehabilitation of their home. The program goals are to preserve the supply of affordable
housing and eliminate blight.
,
The Residential Improvement Program is a forgivable loan of up to $5,000 for families earning ,
up to 100% of median income for exterior improvements. The interest rate on the loan is set at I
5%. The loan is forgiven if the borrower continues to own and occupy the home for five years. I
This program is available on a citywide basis. Redevelopment Agency Housing Funds may be
used outside of the project area for this purpose. Over the last 9 years, the Agency has funded
nearly 350 loans for just over $1.4 million. The Residential Improvement Program remains a
very popular program.
,
The attached Revised Program Parameters proposes to increase the per-household funding
level for the Program from $5,000 to $7,500. The per-household funding level has never been
adjusted since the inception of the program.
,
FISCAL IMPACT: ,
I
The Residential Improvement Program is funded by the Redevelopment Agency's Affordable
Housing Fund. The FY 2005-06 budget for this program is $350,000. ,
,
ATTACHMENTS: I
Revised Program Parameters for the Residential Improvement Program ,
,
,
,
i
R:lPowersj\Staff ReportslRes Improv-FTHB july1205.doc 1
,
I
G\TY OF TEMECU4
~."'.. .
. ~.
fi "i ,.
~. ~. :.~ ~'.
.:" . ~i; 'k
· .o.I-.i"'"
" .~,,: -~{ ~ -f'" ~r -
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;', ."
RESIDENTIAL
IMPROVEMENT PROGRAM
Note: Please return with your completed and signed application, a signed copy of last
two years' federal tax returns, copy of two most recent pay stubs or other proof of
Income to the City of Temecula, Redevelopment Agency, P.O. Box 9033, Temecula, CA
92589.9033. (951 )694-6404.
CITY OF TEMECULA REDEVELOPMENT AGENCY
HOME IMPROVEMENT LOAN PROGRAM
Revised 06/14/05
Property Type:
Single-family detached homes. condominium units. townhouses.
and manufactured homes
Property Location: Within Temecula city limits
Maximum Amount: $7.500 loan
Loan Terms:
A 5-year term at 5% interest. The loan is forgiven on the maturity
date If the terms have not been breached. If title to the property
is transferred, the borrower ceases to occupy the residence. or if
the first mortgage is refinanced and cash is taken out. the loan
becomes due and payable immediately.
Requirements:
The home must be owned and occupied by the applicant(s). The
applicant's annual gross income may not exceed the area
median income adjusted for family size as listed below:
Familv Size
Incorne
1 2 3 4
38,950 44.500 50.100 55,650
5 6
60.100 64,550
. . ~
7
69,000
8
73.450
Housing staff will perform a pre-inspection of all work to be done to
determine Its eligibility for funding. Eligible repairs include:
. Code items
. Deterioration of the structure or fencing
. Repair or replacement of roofing
. HV AC systems. wall heaters and evaporative coolers
. Windows
. Exterior Painting
. Electrical
Participants must obtain a minimum of ~ two bids from licensed
contractors prior to performance of any work or funding approval.
All work must be Inspected by housing staff and building
inspections, if required. prior to any payment for the work.
Payment may be made directly to the approved contractor or to
the homeowner as reimbursement. Work completed before loan
approval is not eligible for funding.
!.
For more information, contact Don Hillberg (951)694-6415 or
Catherine Hubbard (951) 694-6404
City of Temecula
Redevelopment Agency
43200 Business Park DriveoTemecula. CA 92590oMailingAddress: PO. Box 9033oTemecula. CA 92589-9033
1951' 694-6412 0 Fax 19511693-3903
FAIR LENDING NOTICE
RIGHT OF PRIVACY ACT: This is the notice to you as required by the Right to Financial
Privacy Act of 1976 that the Department of Housing and Urban Development and the
Veterans Adrninistration have a right to access to financial records held by a financial
. .
Institution in connection with the consideration or administration of assistance to you.
Financial records will be made available to the Departrnent of Housing and Urban
Development and the Veterans Adrninistration without further notice or authorization,
but will not be disclosed or released to another governrnent agency or departrnent or
private entity without your consent except as required or perrnitted by law.
FAIR CREDIT REPORTING ACT: Rehab Financial Corporation, as part of the processing of
your loan application, will request both a consurner and business credit report bearing
information on your credit worthiness, standing, capacity, character, general
reputation, personal characteristics, or mode of living. This notice Is given pursuant to
the Fair Credit Reporting Act of 1977, Section 606(a)(1). Pursuant to Section 606(b) you
are entitled to such information within 5 days of written demand rnade within a
reasonable period of time to: Rehab Financial Corporation, 10221 Slater Avenue, Suite
211, Fountain Valley, CA 92708.
EQUAL CREDIT OPPORTUNITY ACT: Pursuant to Section 209.9, paragraphs (a)(2) and
(b)(l) of Regulation 8 regarding Section 701 (a) the following notice is given. The Equal
Credit Opportunity Act prohibits creditors from discriminating against credit applications
on the basis of race, color, religion, national origin, sex, rnarital status, and age
(provided the applicant has the capacity to enter into a binding contract); because all
or part of the applicant's income is derived frorn any publiC assistance program; or
because the applicant has, in good faith, exercised any right under the Consumer
Credit Protection Act. The federal agency which administers cornpliance with this law
is the: Federal Trade Cornrnission, Equal Credit Opportunity, and Washington, D.C.
20580
IWE ACKNOWLEDGE RECEIPT OF A COPY OF THIS NOTICE.
Signature of Applicant
Dote
Signature of Applicant
Dote
* Printed on Recycled Paper
I
ITEM 15
APPROVAL
CITY ATTORNEY .-t?lf'~
DIRECTOR OF FINA~
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Gary Thornhill, Deputy City Manager
DATE: July 12. 2005
SUBJECT: General Plan Amendment
PREPARED BY:
Don Hazen, Principal Planner
RECOMMENDATION: That the City Council:
1.
Adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE GENERAL PLAN LAND USE
MAP FOR PROPERTIES WITHIN THE "MEADOWVIEW"
TRACT FROM LOW DENSITY (L) RESIDENTIAL AND RURAL
RESIDENTIAL (RR) TO VERY LOW (VL) DENSITY
RESIDENTIAL; AND ADDING TEXT TO THE GENERAL PLAN
LAND USE ELEMENT RELATED TO LAND USE
COMPATIBILITY.
BACKGROUND
On April 12, 2005, the City Council approved an updated General Plan and certified the Final
Environmental Impact Report. On May 24, 2005, the City Council was scheduled to adopt the
Consistency Rezoning for the General Plan. One day prior to the City Council hearing, a
property owner (Winifred CoreyNiselli) in Meadowview brought to the Planning Department's
attention a discrepancy on her property. As a result, the City Council deferred the consistency
rezoning on her property.
This General Plan Amendment is intended to confirm that the Meadowview development is
retaining the Very Low Density Residential (VL) land use designation. At the time of this writing,
the public notices have been mailed and staff has not received any written comments regarding
the proposed amendment.
R:\General PlanlComp Plan UpdatelStaffrpt GPA-cleanupCC-1.doc
1
The updated General Plan Land Use Element is also missing text that was contained in the
previous General Plan related to land use compatibility. This amendment will reinsert the
previous text as a new heading on Page LU-8, prior to the "Land Use Designations" section:
ULand Use Compatibility
Compatibility between adjacent land uses is essential to achieve a safe, efficient,
and well-organized community. The issues involved in examining the compatibility
of proposed projects includes: traffic generation, access locations, noise impacts,
public seNice demands, site design and visual appearance, and public safety.
Land use compatibility is expected to become a greater issue as the community
builds out and commerciaVemployment uses locate nearer residential areas.
Residents want adequate buffering from non-residential uses in terms of light,
noise, traffic impacts and negative visual impacts. Compatibility between residential
projects of different densities is also a major concern. The development of standard
single family subdivisions within rural residential areas or adjacent to the wine
countty for example, can negatively impact the overall character of the area. Site
design that involves a gradual transition of densities within a project or an adequate
open space buffer should be important considerations in future residential projects. ..
ENVIRONMENTAL DETERMINATION
The proposed amendments will result in a lesser density than the land use assumptions that were
used for the General Plan EIR. Therefore, no additional environmental analysis is required in
accordance with CEQA.
FISCAL IMPACT:
The amendments to the General Plan will have no fiscal impacts
ATTACHMENTS:
1. Resolution approving the General Plan amendment
2. Planning Commission Staff Report
R:IGeneral PlanlComp Plan UpdalelSlaffrpl GPA-deanupCc-l.doc
2
ATTACHMENT NO.1
RESOLUTION APPROVING THE GENERAL PLAN AMENDMENT
R:\General Plan\Comp Plan Update\Staffrpt GPA-cleanupCC-l.doc
3
RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE GENERAL PLAN LAND USE
MAP FOR PROPERTIES WITHIN THE "MEADOWVIEW"
TRACT FROM LOW DENSITY (LI RESIDENTIAL AND RURAL
RESIDENTIAL (RRI TO VERY LOW (VLI DENSITY
RESIDENTIAL; AND ADDING TEXT TO THE GENERAL PLAN
.LAND USE ELEMENT RELATED TO LAND USE
COMPATIBILITY.
WHEREAS, on April 12, 2005, the City Council adopted a Resolution certifying the final
environmental impact report and approving the comprehensive update of the General Plan;
WHEREAS, it was subsequently discovered that the approval of the updated General
Plan had inadvertently amended the land use designations for parcels within the "Meadowview"
tract as depicted in Attached Exhibit "A", which was not the intent of the City Council; and also
excluded certain text related to land use compatibility which had been a part of the previous
version of the General Plan Land Use Element, but was not the intent of the City Council to
eliminate from the updated General Plan;
WHEREAS, staff initiated an application to amend the General Plan Land Use Map to
properly denote the correct land use designations for parcels within the "Meadowview" tract as
intended when the tract was created, and as depicted in Attached Exhibit "A", and to reinsert
text related to land use compatibility into the Land Use Element as specified in Attached Exhibit
"8";
WHEREAS, the Planning Commission, at a regular meeting, considered the proposed
General Plan amendments on July 6, 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 of or in opposition to this matter;
WHEREAS, at the conclusion of the Planning Commission's Hearing and after due
consideration of the testimony, the Planning Commission found that the proposal is consistent
with the previously-certified General Plan Environmental Impact Report, and recommended City
Council approval of the amended General Plan Land Use Map and Land Use Element as
described herein;
WHEREAS, the City Council has held a duly noticed public hearing on July 12, 2005, to
consider the proposed General Plan amendments, at which time all persons interested in the
Project had the opportunity and did address the City Council on these matters:
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
TEMECULA:
Section 1. The recitals described in the whereas clauses set forth above are true
and correct and are hereby adopted as findings by the City Council.
Section 2. Council Member Roberts and Council Member Washington did not
participate in the public hearing and Council discussion of the General Plan amendments. Both
own homes in the Meadowview community and are a part of the Meadowview Homeowners
C:\Documents and Settings\Susan.Jones\Local Settings\Temporary Internet Files\OLK52\Staffrpt GPA-
cleanupCC-1 (2).doc
Association: therefore, the Fair Political Practices Commission has confirmed that Mayor Pro
Tern Roberts and Council Member Washington have a conflict due to their home ownership.
Based on this conflict of interest, Mayor Pro Tern Roberts and Council Member Washington
each hereby abstain in the approval of this Resolution.
Section 3. The General Plan amendments are consistent with the previously certified
Final Environmental Impact Report for the 2005 General Plan and no further studies are
required in accordance with the provisions of the California Environmental Quality Act.
Section 4. Mayor Pro Tern Roberts and Council Member Washington did not
participate in the discussions, considerations or vote concerning zoning and General Plan land
use designations in the Meadowview Tract as each owns a home in the Meadowview Tract.
PASSED, APPROVED AND ADOPTED by the City Council of the City ofTemecula this
12th day of July, 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. 2005-_ was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 12TH day of July 2005, by the following vote:
AYES:
COUNCILMEMBERS
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
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cleanupCC-1 (2).doc
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ATTACHMENT NO.2
PLANNING COMMISSION STAFF REPORT
R:\General Plan\Comp Plan Update\Staffrpt GPA-cleanupCC-1.doc
6
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
Date of Meeting:
July 6, 2005
Prepared by: Don Hazen
Title: Principal Planner
File Number N/A
Application Type: GPA
Project Description: General Plan Amendment
A General Plan amendment to amend the General Plan land use designation for properties
within the Meadowview subdivision from Low Density (L) Residential and Rural Residential (RR)
to Very Low Density (VL) residential; and to insert text into the Land Use Element related to land
use compatibility.
Recommendation:
(Check One)
o Approve with Conditions
o Deny
o Continue for Redesign
o Continue to:
o Recommend Approval with Conditions
o Recommend Denial
~ Recommend Approval to the City Council
CECA:
(Check One)
~ Exempt; consistent with certified GP EIR (Class)
o Negative Declaration
o Mitigated Negative Declaration with Mitigation Measures
BACKGROUND
On April 12, 2005, the City Council approved an updated General Plan and certified the Final
Environmental Impact Report. Subsequent to that approval, it was discovered that the land use
designations for the Meadowview tract were inadvertently changed and this action is intended to
reestablish the same land use designations that have historically existed for Meadowview.
The updated General Plan changed the land use designation for Meadowview from Very Low
Density (VL) Residential to Low Density (L) Residential; and one parcel from VL to Rural
Residential (RR). The unintended result was that the Low Density properties would only have
required a minimum lot size of one-half acre as opposed to 2.5 acres; and the RR property
would have been more restrictive, requiring a 5 acre minimum lot size. This amendment will
reestablish the previous VL designation (2.5 acre minimum lot size) which has existing since the
tract was formed.
R:IGeneral PlanlComp Plan UpdateIGPA-cleanupPC,'.doc.
The updated General Plan Land Use Element is also missing text that was contained in the
previous General Plan related to land use compatibility. This amendment will reinsert the
previous text as a new heading on Page LU-8, prior to the "Land Use Designations" section:
"Land Use Compatibility
Compatibility between adjacent land uses is essential to achieve a safe, efficient, and well-
organized community. The issues involved in examining the compatibility of proposed
projects includes: traffic generation, access locations, noise impacts, public service
demands, site design and visual appearance, and public safety. Land use compatibility is
expected to become a greater issue as the community builds out and
commerciaVemployment uses locate nearer residential areas. Residents want adequate
buffering from non-residential uses in tenns of light, noise, traffic impacts and negative
visual impacts. Compatibility between residential projects of different densities is also a
major concern. The development of standard single family subdivisions within rural
residential areas or adjacent to the wine country for example, can negatively impact the
overall character of the area. Site design that involves a gradual transition of densities
within a project or an adequate open space buffer should be important considerations in
future residential projects."
ENVIRONMENTAL DETERMINATION
The proposed amendments will result in a lesser density than the land use assumptions that were
used for the General Plan EIR. Therefore, no additional environmental analysis is required in
accordance with CEQA.
ATTACHMENTS
1. PC Resolution No. 2005-_ - Blue Page 7
Exhibit A - Amended General Plan Land Use Map
Exhibit B - Text Insert, General Plan Land Use Element
R:IGeneral PlanlComp Plan UpdaleIGPA-cleanupPC-1.doc
2
ATTACHMENT NO.1
PC RESOLUTION NO. 2005-_
R:\General Plan\Comp Plan Update\GPA-cleanupPC-1.doc
3
PC RESOLUTION NO. 2005-_
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL APPROVE A RESOLUTION AMENDING THE
GENERAL PLAN LAND USE MAP FOR PROPERTIES WITHIN
THE "MEADOWVIEW" TRACT FROM LOW DENSITY (L)
RESIDENTIAL AND RURAL RESIDENTIAL (RR) TO VERY
LOW (VL) DENSITY RESIDENTIAL; AND INSERTING TEXT
INTO THE GENERAL PLAN LAND USE ELEMENT RELATED
TO LAND USE COMPATIBILITY.
WHEREAS, on April 12, 2005, the City Council adopted a Resolution certifying the final
environmental impact report and approving the comprehensive update of the General Plan;
WHEREAS, it was subsequently discovered that the approval of the updated General
Plan had inadvertently amended the land use designations for parcels within the "Meadowview"
tract as depicted in Attached Exhibit "A", and excluded certain tex1 related to land use
compatibility which had been a part of the previous version of the General Plan Land Use
Element;
WHEREAS, staff subsequently initiated an application to amend the General Plan Land
Use Map to properly denote the correct land use designations for parcels within the
"Meadowview" tract as intended when the tract was created, and as depicted in Attached Exhibit
"A", and to reinsert text related to land use compatibility into the Land Use Element as specified
in Attached Exhibit "8";
WHEREAS, the Planning Commission, at a regular meeting, considered the proposed
General Plan amendments on July 6, 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 of or in opposition to this matter;
WHEREAS, at the conclusion of the Planning Commission's Hearing and after due
consideration of the testimony, the Planning Commission found that the proposal is consistent
with the previously-certified General Plan Environmental Impact Report, and recommended City
Council approval of the amended General Plan Land Use Map and Land Use Element as
described herein;
NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA
DOES HEREBY RESOLVE, DETERMINE AND RECOMMEND THAT THE CITY COUNCIL
ADOPT THE GENERAL PLAN AMENDMENTS AS DEPICTED IN ATTACHED EXHIBITS "A"
AND "B".
R:IGeneral PlanlComp Plan UpdaleIGPA-cleanupPC-' .doc
4
PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission
this 6th day of July, 2005
David Mathewson, 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. 2005-_ was duly and regularly adopted by the Planning Commission
of the City of Temecula at a regular meeting thereof held on the 6th day of July, 2005, by the
following vote:
AYES:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
ABSENT:
ABSTAIN:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
R:IGenaral PlanlComp Plan UpdaleIGPA-cleanupPC-' .doc
5
EXHIBIT "A"
AMENDED GENERAL PLAN LAND USE MAP
R:IGeneral PlanlComp Plan UpdaleIGPA-cleanupPC-1.doc
6
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TEXT INSERT, GENERAL PLAN LAND USE ELEMENT
R:\General Plan\Comp Plan Updale\GPA-cleanupPC-1.doc
7
EXHIBIT "B"
TEXT INSERT, GENERAL PLAN LAND USE ELEMENT
[Insert Page LU-8]
"Land Use Compatibility
Compatibility between adjacent land uses is essential to achieve a safe, efficient, and well-
organized community. The issues involved in examining the compatibility of proposed projects
includes: traffic generation, access locations, noise impacts, public service demands, site design
and visual appearance, and public safety. Land use compatibility is expected to become a greater
issue as the community builds out and commercial/employment uses locate nearer residential
areas. Residents want adequate buffering from non-residential uses in terms of light, noise, traffic
impacts and negative visual impacts. Compatibility between residential projects of different
densities is also a major concern. The development of standard single family subdivisions within
rural residential areas or adjacent to the wine country for example, can negatively impact the
overall character of the area. Site design that involves a gradual transition of densities within a
project or an adequate open space buffer should be important considerations in future residential
projects."
R:IGeneral PlanlComp Plan UpdaleIGPA-cleanupPC-' .doc
B
ITEM 16
APPROVAL
CITY ATTORNEY --fopt!i2--
DIRECTOR OF FINANCE ~
CITY MANAGER .
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Gary Thornhill, Deputy City Manager
DATE: July 12, 2005
SUBJECT: Consistency Rezoning Ordinance (PA05-0085)
PREPARED BY:
Don Hazen, Principal Planner
RECOMMENDATION: That the City Council:
1. Introduce and read by title only an ordinance entitied:
ORDINANCE NO. OS-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF TEMECULA AND AMENDING PORTIONS OF TITLE
17 OF THE TEMECULA MUNICIPAL CODE TO ACHIEVE
CONSISTENCY WITH THE PROVISIONS AND
REQUIREMENTS OF THE UPDATED CITY GENERAL PLAN
(PAOS-0085)
BACKGROUND:
On April 12, 2005, the City Council approved the updated General Plan. On May 24th, the City
Council was scheduled to approve the Consistency Rezoning for the General Plan. One day
prior to the Council hearing, a property owner (Winifred CoreyNiselli) made the Planning
Department aware of a discrepancy with respect to her property's designation. As a result, the
Council did approve the Consistency Rezoning but excluded this land owner's property.
Subsequently, the second reading of the Consistency Rezoning was pulled from the Council's
agenda to enable the staff to bring back the Consistency Rezoning to correct the discrepancy.
On July 6, 2005, the Planning Commission will have made a recommendation on both the
amendment to confirm the Meadowview land use designation and the proposed Development
Code and zoning map revisions to achieve General Plan consistency. With the exception of the
elimination of the Rural Residential zoning designation, the proposed rezoning consistency
ordinance is identical to the one previously reviewed and approved by the City Council. The five
basic zoning amendments that are necessary to achieve General Plan consistency are:
R:\Development Code\05-0085 Amendment (Consistency Rezoning1 )\Staff Report CC1.doc
,
.
. Amend the" Official Zoning Map" to conform with the General Plan Land Use
Map
. Create a "Tribal Trust Lands" zoning district to implement a new similar General
Plan land use designation
. Add "Golf Course Resort" as a permitted use in the Open Space zoning district to
implement the new "Resort Commercial Overlay" of the General Plan.
. Amend Table 17.02.020 of the Development Code ("Consistency Between the
General Plan and the Zoning Districts") to include the land use designations.
. Miscellaneous "clean-up" text amendments
As noted in the previous staff report, there are two additional General Plan designations that will
eventually require zoning implementation: Vineyard/Agricultural and Mixed Use. There are no
pending development applications on lands with those designations, and staff plans to begin
drafting zoning standards for Planning Commission and City Council review this Fall.
ENVIRONMENTAL DETERMINATION
The City Council certified the Final Environmental Impact Report (FEIR) for the update of the
City General Plan on April 12, 2005. The consistency re-zoning process is part of the project
assessed by the Environmental Impact Report for the General Plan. Since the certification of
the FEIR, there have been no changes in circumstances or setting that would require the
preparation of an addendum, subsequent or supplement to an EIR. As a result, the Planning
Commission is recommending to the City Council that a Notice of Exemption be filed for the
adoption of this ordinance.
FISCAL IMPACT:
The adoption of this Ordinance will have no fiscal impact.
ATTACHMENTS:
1. Proposed CC Ordinance 05-_
2. Selected Redline/Strikeout Changes to the Development Code
R:\Development Code\OS-0085 Amendment (Consistency Aezoning1 )\Staff Report CC1.doc
2
.
ATTACHMENT NO.1
PROPOSED ORDINANCE 05-07
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3
ORDINANCE NO. OS-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF TEMECULA AND AMENDING
PORTIONS OF TITLE 17 OF THE TEMECULA
MUNICIPAL CODE TO ACHIEVr: CONSISTENCY WITH
THE PROVISIONS AND REQUIREMENTS OF THE
UPDATED CITY GENERAL PLAN (PAOS-008S)
WHEREAS, Section 65800 of the Government Code provides for the adoption and
administration of zoning laws, ordinances, rules and regulations by cities to implement such
general plans as may be in effect in any such city;
WHEREAS, the City of Temecula has undergone an ex1ensive process of
comprehensively updating the City General Plan;
WHEREAS, the City Council for the City of Temecula approved a comprehensive update
to the City General Plan on April 12, 2005;
WHEREAS, the City of Temecula desires to ensure that the City Zoning Map and
Municipal Code are consistent with the updated General Plan;
WHEREAS, the Planning Commission held a duly noticed public hearing on May 4,
2005, and recommended that the City Council approve these amendments to the Official Zoning
Map and Municipal Code;
WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula
Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; and,
WHEREAS, the City Council has held a duly noticed public hearing on May 24, 2005 to
consider the proposed amendments to the Official Zoning Map and Municipal Code.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Temecula hereby amends Table 17.02.010 to
add the following zones into the Zoning Districts Established table:
Zoning District Description
Rural residential
Tribal trust
District Abbreviation
RR
TT .
Code Chapter
17.06
17.13
R:/Ords 2005/0rds 05-07
,
I
,
Section 2. The City Council of the City of Temecula hereby replaces Table 17.02.020
with the following:
,
Table 17.02.020 ,
Consistency Between the General Plan and the Zoning Districts ,
General Plan Land Use Designation Zoning District
Hillside residential Hillside residential (HR)
Rural residential Rural residential (RR)
Very low density residential Very low density residential (VL)
Low density residential (L-1) ,
Low density residential Low density residential (L-2) I
Low medium density residential Low medium density residential (LM)
Medium density residential Medium density residential (M)
High density residential High density residential (H)
Neighborhood commercial Neighborhood commercial (NC)
Community commercial Community commercial (CC)
Highway/tourist commercial Highway/tourist commercial (HT)
Service commercial Service commercial (SC)
Professional office Professional office (PO)
Business park (BP) ,
Industrial park
Light industrial (L1) ,
I
Public/institutional Public Institutional (PI)
Tribal trust lands Tribal trust (TT) I
Open space (OS)
,
Open space/recreation Public park and recreation (PR) I
,
,
Conservation (OS-C) ,
I
Specific Plan (SP-X)
These special Zoning Districts may be Planned Development Overlay (PDO-X)
used to represent any combination of ,
Village Center Plan (VC-X) I
General Plan Land Use Designations: I
I
Floodplain Overlay District (FP) I
I
Section 3. The City Council of the City of Temecula hereby amends Subsection I
17.03.060.8.1 by adding the following sentence to the end of the Subsection: !
"Encroachments into the required yard areas that are not normally allowed within the HR I
and RR Zones may be allowed up to the maximum encroachment identified in Table
17.06.050.B."
I
R:/Ords 2005l0rds 05-07 2 ,
Section 4. The City Council of the City of Temecula hereby amends Chapter 17.06 by
making the following changes.
A. Section 17.06.020 is hereby amended by adding a new subsection "B",
and the renumbering of the subsequent subsections, to read as follows:
"Rural Residential (RR). The rural residential zoning district is intended to provide for
the development of single-family detached home on large lots with a distinct rural
character. Some of these areas may include severe constraints for development, such
as hillside areas with slopes over twenty-five percent. Typical lot sizes in the RR district
are 5 acres and larger."
B. Table 17.06.030 is hereby amended as depicted in Exhibit "A".
C. Table 17.06.040 is hereby amended as depicted in Exhibit "B".
D. Amend Subsection 17.06.050.D.2 to include the reference to the "RR"
between "HR" and "VL".
E. Amend Subsection 17.06.050.DA to read as follows:
"Setbacks. Setback requirements and the placement of accessory structures in the required
yards for the VL, L-1, L-2, LM, M, and H Zones are set forth in Table 17.06.050A, Accessory
Structures Setbacks. In the HR and RR Zones, no accessory structures are allowed within the
required yards."
F. Amend the title for Table 17.06.050A to read as follows: "Accessory
Structure Setbacks for the VL, L-1, L-2, LM, M, and H Zoning Districts."
G. Amend Subsection 17.06.050.F to read as follows:
"Maximum Encroachments into Yard Areas. The items indicated in Table 17.06.050B,
Maximum Encroachments into the Required Yard Areas, for the VL, L-1, L-2, LM, M, and H
Zones may encroach into the required yards subject to the conditions placed upon those items
by the table. In the HR and RR Zones, no encroachments are allowed into the required yards."
H. Amend the title for Table 17.06.050B to read as follows: "Maximum
Encroachments into Required Yard Areas for the VL, L-1, L-2, LM, M, and H Zoning Districts"
Section 5. The City Council of the City of T emecula hereby adopts Chapter 17.13 to
read as follows:
"CHAPTER 17.13
TRIBAL TRUST DISTRICT
SECTIONS:
17.13.010
17.13.020
Purpose and intent.
Tribal trust lands district.
R:/Ords 2005l0rds 05-07
3
17.13.010
PURPOSE AND INTENT.
The tribal trust district is intended to recognize federal tribal trust status of lands within
the City of Temecula. I
17.13.020
TRIBAL TRUST LANDS DISTRICT.
The city exercises no development or zoning control over properties designated as tribal
trust lands in the general plan. These properties are under the sole jurisdiction and I
control of the Pechanga Band of Luiseiio Indians."
Section 6. The City Council of the City of T emecula hereby amends Chapter 17.14 by
adding the following land use listing to Table 17.14.030:
Schedule of Uses
Golf course resort (including accessory visitor supporting
accommodations and commercial uses such as hotels,
fractional ownership units, day spa, restaurants, and
conference center.)
PR
C
os OS-C
Section 7. The City Council of the City of Temecula hereby amends the Official Zoning
Map for the City of Temecula to reflect the changes to the Updated General Plan as contained
in Exhibit "C", except that no changes were made to the property identified with Assessor's
Parcel Number 919-340-004.
Section 8. Council Member Roberts and Council Member Washington did not
participate in the public hearing and Council discussion of changes to the Official Zoning Map in
within the Meadowview Community. Both own homes within the Meadowview Community and
both are part owners of open space properties under the control of the Meadowview
Homeowners Association. Based on this conflict of interest, Mayor pro tem Roberts and
Council Member Washington each hereby abstain from the approval of the amendments to the
Official Zoning Map for areas within the Meadowview Community.
Section 9. Severabilitv. 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 10. Mayor Pro Tem Roberts and Council Member Washington did not
participate in the discussions, considerations or vote concerning zoning and General Plan Land
Use designations in the Meadowview Tract as each owns a home in the Meadowview Tract.
Section 11, Environmental Compliance. The Final Environmental Impact Report for the
Update of the General Plan and related amendments to the Development Code was certified on
April 12, 2005. The City Council hereby makes the following findings: (1) that this Ordinance is
part of the consistency re-zoning process was included in the project assessed by the
environmental impact report for the General Plan Update, and (2) that since the Certification of
the EIR, there have been no changes in circumstances or setting that would require the
R:/Ords 2005/0rds 05-07
4
preparation of an addendum, subsequent or supplement to an EIR. As a result, the City Council
hereby finds that this Ordinance is exempt from further environmental review because it is
included as part of a project for which an environmental impact report was prepared.
Section 12. 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 this _ day of July, 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. 05-07 was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 12th day of July, 2005 and that thereafter, said
Ordinance was duly adopted and passed at a meeting of the City Council on the th day of
, 2005, by the following vote:
AYES:
NOES:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ABSENT:
ABSTAIN:
Susan W. Jones, CMC
R:/Ords 2005l0rds 05-07
5
EXHIBIT A
TABLE 17.06.030
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Description of Use HR VL L-1 L-2 LM M H
Residential
Single-family detached P P P P P P -
Duplex (two-family dwellings) - - 2 2 - 2 P P
- -
Single-family attached (greater than two - - - - p p p
units)
Multiple-family - . - - - p p
Manufactured homes P P P P P P P
Mobilehome park - C C C C C C
Facilities for the mentally disordered, P P P P P P P
handicapped, or dependent or neglected
children (six or fewer)
Facilities for the mentally disordered, C C C C C p p
handicapped, or dependent or neglected
children (seven to twelve)
Alcoholism or drug abuse recovery or P P P P P P P
treatment facility (six or fewer)
Alcoholism or drug abuse recovery or C C C C C p P
treatment facility (seven or more)
Residential care facilities for the elderly P P P P P P P
(six or fewer)
Residential care facilities for the elderly C C C C C p p
(seven or more)
Congregate care residential facilities for - - - p p p p
the elderly 6
Boarding, rooming and lodging facilities - - - - - C C
Secondary dwelling units P P P P P P P
Granny Flat P P P P P p4 p4
Guest House P P P P P p4 p4
Family day care homes-small P P P P P P P
Family day care homes-large' C C C C C C C
Day care centers C C C C C C C
Bed and breakfast establishments 6 C C C C C C C
Emergency shelters C C C C C P P
Transitional housing C C C C C p p
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Description of Use HR VL L-1 L-2 LM M H
Non-Residential
Agriculture/open space uses 6 P P P P P P P
Religious institutions C C C C C C C
Public utility facilities C C C C C C C
Educational institutions C C C C C C C
Public libraries C C C C C C C
Public museums and art galleries (not for C C C C C C C
profit)
Kennels and catteries 6 C C - - - - -
Noncommercial keeping of horses, P P P P - - -
cattle, sheep and goats 6
Temporary real estate tract offices P P P P P P P
Recreational Vehicle Storage Yard 3 - C C C C C C
Parking for commercial uses - - - - - P P
Nonprofit clubs and lodge halls - - - - - P P
Convalescent facilities - - - - - P P
Golf courses C C C C C C C
Home occupations P P P P P P P
Construction Trailers 5,6 P P P P P P P
Notes:
1. Subject to the provisions of Section 17.04.050 and Section 17.06.050.1, Family
Day Care Home Design Standards.
2. A duplex or two-family dwelling may be permitted on corner lots with a planned
development overlay pursuant to the provisions of Chapter 17.22.
3. Subject to the provisions of Section 17.24.020(D)(2).
4. Allowed only with a single-family residence.
5. The Community Development 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.
6. Subject to the supplemental development standards contained in Chapter 17.10.
Legend p= Permitted by right in the district
c= Permitted by conditional use permit
- = Use is prohibited in the district
R:\DeveJopment Code\05-Q085 Amendment (Consistency Rezoning1 )\Staff Report CC1.doc
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EXHIBIT B
TABLE 17.06.040
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12
Table 17.06.040
Development Standards - Residential Districts
Residential Development
Standards HR VL L-1 L-2 LM M H
LOT AREA
Minimum net lot area 7,200 7,200
(square feet) - - - - 4 -
Minimum net lot area 10 2.5 1 Y2
(acres) - - -
Dwelling units per net acre1 - - - - - 12 20
LOT DIMENSIONS
Minimum lot frontage at 50 40 40 30 30 30 30
front property line (feet)
Minimum lot frontage for a
flag lot at the front property 40 30 30 25 20 20 20
line (feet)
Minimum width at required 100 100 70 50 50 40 30
front setback area (feet)
Minimum average width 100 80 70 60 50 50 50
(feet)
Minimum lot depth (feet) 150 120 100 90 80 100 100
SETBACKS
Minimum front yard (feet) 40 25 25 25 20 20 20
Avo,2 Ava.2 Ava.2 Ave.2
Minimum corner side yard 40 15 15 15 15 15 15.
(feet)
Minimum interior side yard 25 10 10 10 Vari- Vari- Vari-
(feet) able3 able3 able3
Minimum rear yard (feet) 25 20 20 20 20 20 20
OTHER REQUIREMENTS
Maximum height (feet) 35 35 35 35 35 40 50
Maximum percent of lot 10% 20% 25% 25% 35% 35% 30%
coverage
Open space required 90% 70% 60% 40% 25% 25% 30%
Private open space/per unit NA NA NA NA NA 200 150
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Notes:
1. Affordable housing and congregate care facilities may exceed the stated
densities pursuant to the provisions of Section 17.10.020.
2. Variable front yard setbacks: In order to allow for a more interesting visual
image and more flexible site planning variable setbacks may be permitted in
the L-2, LM, M and H districts. Front yard setbacks shall have an average of
at least twenty feet. Garages with entrances not facing the front yard area
may be setback a minimum of ten feet. Other portions of a structure may
have a front yard setback of a minimurn of ten feet; however, the average
setback of twenty feet shall be maintained.
3. Variable side yard setbacks: In the LM zoning district, the combined side
yard setback for both sides must equal at least fifteen feet with one side
having at least ten feet to provide potentiai vehicular access to the rear of
the property and shall be located on the same side as the driveway. In the
M and H zoning districts, variable side yard setbacks may be permitted
provided the sum of the side yard setbacks is not less than ten feet and the
distance between adjacent structures is not less than ten feet. This permits
a zero lot line arrangement with a zero setback on one side yard and ten
feet on the opposite site yard.
4. Lot sizes below 7,200 square feet can be accommodated with the approval
of a planned development overlay.
R:\Development Code\05-Q085 Amendment (Consistency Rezoning1 )\Staff Report CC1.doc
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EXHIBIT C
OFFICIAL ZONING MAP
R:\Development Code\OS.0085 Amendment (Consistency Rezoning1)\Staff Report CC1.doc
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R:\Development Code\05-Q085 Amendment (Consistency Aezoning1 )\Staff Report CC1.doc
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PROPOSED NEW TEXT
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Table 17.06.040
Development Standards - Residential Districts
Residential Development
Standards HR VL L-1 L-2 LM M H
LOT AREA
Minimum net lot area 7,200 7,200 ~ -
(square feet) - - - - ~
Minimum net lot area 10 2.5 1 Y2
(acres) - - -
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acre'
LOT DIMENSIONS
Minimum lot frontage at 50 40 40 30 30 30 30
front property line (feet)
Minimum lot frontage for a
flag lot at the front property 40 30 30 25 20 20 20
line (feet)
Minimum width at required 100 100 70 50 50 40 30
front setback area (feet)
Minimum average width 100 80 70 60 50 50 50
(feet)
Minimum lot depth (feet) 150 120 100 90 80 100 100
SETBACKS
Minimum front yard (feet) 40 25 25 25 20 20 20
Ava 2 Avq.2 Avq.2 Ave.2
Minimum corner side yard 40 15 15 15 15 15 15.
(feet)
Minimum interior side yard 25 10 10 10 Vari- Vari. Vari-
(feet) able3 able3 able3
Minimum rear yard (feet) 25 20 20 20 20 20 20
OTHER REQUIREMENTS
Maximum height (feet) 35 35 35 35 35 40 50
Maximum percent of lot 10% 20% 25% 25% 35% 35% 30%
coverage
Open space required 90% 70% 60% 40% 25% 25% 30%
Private open space/per unit NA NA NA NA NA 200 150
(square feet)
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17
Notes:
1.
2.
3.
4.
Affordable housing and congregate care facilities may exceed the stated densities
pursuant to the provisions of Section 17.10.020.
Variable front yard setbacks: In order to allow for a more interesting visual image
and more flexible site planning variable setbacks may be permitted in the L-2, LM, M
and H districts. Front yard setbacks shall have an average of at least twenty feet.
Garages with entrances not facing the front yard area may be setback a minimum of
ten feet. Other portions of a structure may have a front yard setback of a minimum of
ten feet; however, the average setback of twenty feet shall be maintained.
Variable side yard setbacks: In the LM zoning district, the combined side yard
setback for both sides must equal at least fifteen feet with one side having at least ten
feet to provide potential vehicular access to the rear of the property and shall be
located on the same side as the driveway. In the M and H zoning districts, variable
side yard setbacks may be permitted provided the sum of the side yard setbacks is not
less than ten feet and the distance between adjacent structures is not less than ten
feet. This permits a zero lot line arrangement with a zero setback on one side yard
and ten feet on the opposite site yard.
Lot sizes below 7,200 square feet can be accommodated with the approval of a
planned development overlav.
R:\Development Code\05-Q085 Amendment (Consistency Rezoning1 )\Staff Report CC1.doc
18
ITEM 17
APPROVAL ~
CITY ATTORNEY 'l0A
DIRECTOR OF FI~CE fill-/'
CITY MANAGER ) ,
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
City Manager/City Council
.b-;y
Debbie Ubnoske, Director of Planning
July 12, 2005
SUBJECT: An appeal of the Planning Comrnission decision to approve a Development Plan
application for the Harveston Retirement Residence, PA 04-0393.
PREPARED BY:
Christine Damko, Associate Planner
RECOMMENDATION: City Council deny the appeal and uphold the Planning Commission
approval:
1. Adopt a resolution entitled:
RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DENYING AN APPEAL OF THE PLANNING
COMMISSION DECISION TO APPROVE PLANNING
APPLICATION NO. PA04-0393 A DEVELOPMENT PLAN TO
CONSTRUCT, ESTABLISH, AND OPERATE A THREE-STORY,
115-UNIT SENIOR CONGREGATE CARE FACILITY ON 2.1
ACRES LOCATED AT THE SOUTHEAST CORNER OF
VILLAGE ROAD AND TOWNSHIP ROAD WITHIN THE
HARVESTON SPECIFIC PLAN AREA ALSO KNOWN AS APN
916-S60-010.
BACKGROUND/ANALYSIS:
The Harveston Retirement Residence was heard by the Planning Commission on three different
dates (January 19th, March 2nd, and April 20th) At the initial Planning Commission meeting on
January 19th, the Commission recommended that the building be reduced in height, that
additional on-site parking be provided and that retail uses be incorporated into the facility so as
to ensure that the Harveston Retail Village concept was achieved. Subsequent to the initial
Commission hearing on January 19'h, a Planning Commission sub-committee comprised of
Commissioners Telesio and Guerriero met with the applicant and several Harveston residents
on February 11'h and February 17'h. As a result of these meetings, the applicant eliminated the
fourth floor of the building, provided on-site subterranean parking and incorporated single-story
elements into the building's Township Road elevation to ensure compatibility with nearby single-
family homes. The applicant chose not to incorporate any retail.
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1
At the March 2nd Planning Commission Hearing, the Commission again requested that the
applicant incorporate some retail uses into the facility. The Commission also asked the
applicant to change the architecture to blend rnore with the surrounding development and to
make more of an effort to reduce the massing of the building.
At the final Commission hearing on April 20'h, the applicant brought forth modifications to the
building which included three retail components and shared with the Commission new
architecture which incorporated a traditional style that emulates other buildings in the Village
area and which also served to reduce the massing of the building. The Commission approved
the project 4-0-1 (Commissioner Ohlasso absent) with the addition of three conditions. Those
conditions are as follows:
'Incorporate additional roofline variations to reduce the mass and overall height of the ridgelines
subject to the approval of the Director of Planning;
'Ensure that the commercial spaces will be used exclusively for retail commercial consistent
with the Harveston Specific Plan; and
'Work with the Fire Department to develop a lights and sirens protocol for emergency response
vehicles. This protocol shall be reviewed and approved by the Fire Chief and the Director of
Planning.
On May 2, 2005, Harveston residents filed an appeal of the April 20, 2005 Planning Commission
approval.
Planninq Commission Action:
The Planning Commission moved to approve the project subject to three added conditions.
First, the proposed structure shall incorporate additional roofline variations to reduce the mass
and overall height of the ridgelines and that the modifications shall be subject to the review and
approval of the Director of Planning. Second, that the 1,650 square feet of retail space within
the facility shall be used exclusively for retail commercial purposes, the specific uses shall be
consistent with the Harveston Specific Plan. Lastly, the applicant shall work with the Fire
Department to develop a lights and sirens protocoi for emergency response vehicles. This
protocol shall be reviewed and approved by the Fire Chief and the Director of Planning.
Environmental Review:
The proposed project has been determined to be consistent with the previously approved
Harveston EIR and is exempt from further Environmental Review (CEQA Section 15162
subsequent EIR's and Negative Declarations).
Appeal:
Harveston residents in the vicinity of the project filed an appeal of the Planning Commission's
April 20, 2005 decision to approve the Harveston Retirement Residence. Reasons stated in the
appeal are:
1. The decision to grant the application was based on erroneous conclusions by the
Planning Commission. The appeal states the Commission believed that changes were
made to the project; the applicant masked the truth and did not correct the Commission
R:\D P\2004\04-0393 Harveston Retirement Residence\City Council Reports\CC Staff Report.doc
2
members when they stated incorrect facts. The facts the appellant feels were not
corrected were:
o The building height was not significantly reduced from the March 2nd and April
20th proposals.
Staff response: The project architect entirely eliminated the fourth floor of the
building resulting in a reduction of overall height. Extensive single-story elements
were also incorporated to the building. The project was also conditioned to
include additional roofline variations subject to Planning Director approval before
issuance of building permits.
o Significant and substantial amount of retail was not added to the approved
project.
Staff response: At two Planning Commission sub-committee meetings held on
February 11, 2005 and again on February 17, 2005, residents of the Harveston
Community requested that onsite services provided to residents of the
Retirement Community be made available to the public. The applicant has
accommodated this request.
o The proposed retail is an extension of the services provided by the Retirement
Residence and will not be used for other purposes.
Staff response: The project incorporates three separate retail spaces totaling
1,650 square feet. Each of the retail spaces will have exterior storefronts and
signage on the street frontages, in addition to covered patios that will be provided
along each storefront to allow for bench seating. Therefore, the retail spaces will
be visible from the street and will be open and accessible to all members of the
public. This space has been conditioned to remain as commercial space in
perpetuity and subject to the use matrix contained in the Specific Plan.
2. The size, mass and density of the building are too large for a residential
community. The appeal addresses five areas of concern regarding the size of the
building.
o With the applicant's stated need to have 115 residential units, the building is too
dense for the site and the footprint of the building is too large.
Staff response: The project is consistent with the development standards
contained within the Harveston Specific Plan.
o The three story architecture is not in conformity with other ideal Harveston
Buildings.
Staff response: The architecture was revised per the Planning Commission
recommendation to have the exterior treatment of the building to be more
consistent with the style intended for this area. The applicant made the revisions
expressed by the Planning Commission. The building height is less than the
maximum 50 feet permitted in the Harveston Specific Plan.
o The exterior color and design adds to the imposing nature of the building.
R:\D P\2004\04-0393 Harveston Retirement Residence\City Council Reports\CC Staff Report.doc
3
Staff response: The color and design of the building emulates an "American"
architectural style which is in keeping with the style of surrounding buildings
being constructed in the Harveston Village. The proposed colors and building
design are consistent with the Harveston Specific Plan, Development Code,
General Plan, and Design Guidelines. The Planning Commission made these
findings on April 20, 2005, after previously continuing on two separate occasions
for redesign.
. The Commission and Department refused to address a request to amend the
Specific Plan to decrease the allowable height of buildings.
Staff response: The application for a Development Plan for a senior retirement
care facility is a permitted use and the proposed design meets the Specific Plan
development standards.
3. The spirit and intent of the Harveston Specific Plan is not accomplished with this
project as approved. The appellants state that a three-story retirement building does
not meet the intent of Harveston.
. The spirit of the Harveston Specific Plan was to create small town America right
here in Temecula.
Staff response: Figure 11.14 (Attachment No.8) of the Harveston Specific Plan
clearly indicates that a church and senior assisted-living housing was envisioned
for the east end of Village Road. This exhibit also states that "architecture
forward" is encouraged to place buildings close to the street. The proposal is
consistent with this exhibit.
. The intent of the Specific Plan was Village Road as "Main Street".
Staff response: The approved project meets the intent of Figure 11. 14
4. The Commission disregarded the opinions and concerns of the Harveston
Residents. The appellants' feet that their voices were not heard. Below lists their
concerns:
. An overwhelming majority of Harveston Residents do not wish to see such a
large building in their community.
Staff response: Ten Harveston residents spoke in opposition to the project at the
April 20, 2005 Planning Commission hearing.
. Regardless of the Specific Plan, allowing a three-story building is not an
appropriate use of this parcel of land.
Staff response: The proposed project is consistent with the Harveston Specific
Plan, Design Guidelines, and Development Code.
FISCAL IMPACT: None. All costs associated with the proposed development will be paid by the
developer.
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4
ATTACHMENTS:
1. Resolution No. 05-_ Development Plan
Exhibit A - Conditions of Approval
2. Planning Commission Staff Report (April 20, 2005, Planning Commission Staff Report)
3. Planning Commission Minutes (April 20, 2005)
4. Planning Commission Staff Report (March 2, 2005, Planning Commission Memo)
5. Planning Commission Minutes (March 2, 2005)
6. Planning Commission Staff Report (January 19, 2005)
7. Planning Commission Minutes (January 19, 2005)
8. Harveston Specific Plan Figure 11.4
R:\D P\2004\04-0393 Harveston Retirement Residence\City Council Reports\CC Staff Report.doc
5
ATTACHMENT NO.1
CITY COUNCIL RESOLUTION NO OS-_
R\D P\2004\04.0393 Harveston Retirement Residence\City Council Reports\CC Staff Report.doc
6
,
RESOLUTION NO. 200S -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DENYING AN APPEAL OF THE PLANNING
COMMISSION DECISION TO APPROVE PLANNING
APPLICATION NO. PA04-0393, A DEVELOP PLAN TO
CONSTRUCT, ESTABLISH AND OPERATE A THREE-STORY,
11S-UNIT SENIOR CONGREGATE CARE FACILITY ON 2.1
ACRES LOCATED AT THE SOUTHEAST CORNER OF
VILLAGE ROAD AND TOWNSHIP ROAD WITHIN THE
HARVESTON SPECIFIC PLAN AREA ALSO KNOWN AS APN:
916-S60-010.
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. Curry Brandaw Architects filed Planning Application No. PA04-0393, in a manner
in accord with the City of Temecula General Plan, Harveston Specific Plan and
Development Code.
B. Planning Application No. PA04-0393 was processed including, but not limited to
a public notice, in the time and manner prescribed by State and local law,
including the California Environmental Quality Act.
C. Following consideration of the entire record of information received at public
hearings held on January 19, 2005, March 2, 2005, and April 20, 2005, and due
consideration of the proposed Project, the Planning Commission adopted
Resolution 2005-022 approving the Development Plan for Planning Application
No. PA04-0393 on April 20, 2005, Harveston Congregate Care Facility.
D. On May 2nd, 2005, Harveston residents filed an appeal of the Planning
Commission approval per Section 17.03.090 of the Temecula Municipal Code.
E. On July 12th, 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.
F. On July 121h, 2005, the City Council of the City of Temecula denied an Appeal
and upheld the approval of PA04-0393, a Development Plan to construct,
establish and operate a three-story, 115-unit senior congregate care facility on
2.1 acres located at the southeast corner of Village Road and Township Road
within the Harveston Specific Plan area also known as APN 916-560-010.
Section 2. The City Council hereby makes the following findings as required by
Section 17.04.010 of the Temecula Municipal Code:
The City Council hereby makes the following findings as required by Section 17,05.020
of the Temecula Municipal Code:
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A. The proposed use is in conformance with the Generai Plan for Temecula and
with all the applicable requirements of state law and other ordinances of the City;
The proposed use has been reviewed and conditioned, and is in conformance with the
General Plan, Harveston Specific Plan, Development Code, and with all requirements of
state law.
B. The overall development of the iand is designed for the protection of the public,
health, safety and general welfare;
The overall development of the land is designed for the protection of the public health,
safety, and general welfare because the project has been designed to minimize any
adverse impacts upon the surrounding neighborhood and the project has been reviewed
and conditioned by the Fire Department, and Building Department to comply with the
uniform building and fire codes.
Section 3. Environmental Compliance. The proposed project has been determined
to be consistent with the previously approved Harveston EIR and is exempt form further
Environmental Review (CEQA Section 15162 subsequent EIR's and Negative Declarations),
Section 4. Conditions. That the City Council of the City of Temecula hereby
approves Planning Application NO.PA04-0393 (Development Pian) Harveston Senior
Congregate Facility, subject to the conditions of approval set forth on Exhibit A, attached hereto,
and incorporated herein by this reference together with any other conditions that rnay be
deemed necessary.
Section 5. PASSED, APPROVED AND ADOPTED by the City Council of the City of
Temecula this 12th day of July 2005.
Jeff Comerchero, Mayor
1.
ATTEST:
Susan W. Jones, CMC/AAE
City Cierk
[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 held on the 12th day of July, 2005, by the following vote:
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NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
AYES:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, CMC/AAE
City Clerk
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EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA04-0393
Project Description: A Development Plan to construct, establish, and
operate a three-story, 115-unit senior congregate care
facility on 2.1 acres located at the southeast corner of
Village Road and Township Road within the Harveston
Specific Plan area known as APN 916-560-010.
DIF: Residential-attached (main use) retail commercial
(secondary use)
TUMF: Residential- multi-family (main use) retail commercial
(secondary use)
MSHCP: Residential (115 units) Commercial (secondary use)
Approval Date: July 12, 2005
Expiration Date: July 12, 2007
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
1. The applicanUdeveloper 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 applicanUdeveloper 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,
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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. All development fees shall be paid in conformance with the development agreement that
regulates this development project.
4. All conditions shall be complied with prior to any occupancy or use allowed by this
Development Plan.
5. The permittee shall obtain City approval for any modifications or revisions to the
approval of this development plan.
6. This approval shall be used within two (2) years of the approval date; otherwise, it shall
become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the two (2) year period, which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval.
7. The development of the premises shall substantially conform to the approved Exhibits -
Site Plan, Grading Plan, Building Elevations, Floor Plans, Landscape Pian, and the
Color and Material Board contained on file with the Planning Department.
8. The applicant shall comply with standards, conditions and requirements set forth in the
Harveston Specific Plan and the Development Agreement for the Harveston Specific
Plan.
9. The applicant shall comply with the attached Mitigation Monitoring Program associated
with the Harveston Specific Plan Environmental Impact Report.
10. A separate building permit and Planning Department approval shall be required for all
proposed signage onsite.
11. Landscaping installed for the project shall be continuously maintained to the reasonable
satisfaction of the Planning Director. If it is determined that the landscaping is not being
maintained, the Planning Director shall have the authority to require the property owner
to bring the landscaping into conformance with the approved landscape plan. The
continued maintenance of all landscaped areas shall be the responsibility of the
deveioper or any successors in interest.
12. The colors and materials for the project shall substantially conform to those noted
directly below and with the Color and Material Board, contained on file with the Planning
Department.
a. Roofing: Prestique Composition Shingle, Color - Barkwood
b. Stucco: Omega Products, Number 14, Medium Finish,
Color - Cream
c.
Stucco:
Omega Products, Number 18, Medium Finish,
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Color -Coconut
d. Stone Veneer: Pro-Fit Ledgestone, Color - Autumn PF-8015
e. Decorative Shutters: Vinyl, Number 10, Color - Dark Brown
13. 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.
14. The applicant shall submit to the Planning Department for permanent filing two (2) 8" X
10" glossy photographic color prints of the approved Color and Materials Board and of
the colored version of approved colored architectural elevations to the Community
Development Department - Planning Division for their files. All labels on the Color and
Materials Board and Elevations shall be readable on the photographic prints.
15. The applicant shall incorporate additional roofline variations to reduce the mass and
overall height of the ridgelines to the satisfaction of the Planning Director.
16. The 1,650 square feet of retail space within the facility shall be used exclusively for retail
commercial purposes; the specific uses shall be consistent with the Harveston SpecifiC
Plan. '
17. The applicant shall work with the Fore Department to develop a lights and sirens
protocol for emergency response vehicles. This protocol shall be reviewed and
approved by the Fire Chief and the Director of Planning.
Prior to Issuance of Grading Permits
18. A copy of the Grading Plan shall be submitted and approved by the Planning
Department.
Prior to Issuance of Building Permit
19. Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and
approved by the Planning Department. These plans shall conform substantially with the
approved Conceptual Landscape Plan, or as amended by these conditions. The
location, number, genus, species, and container size of the plants shall be shown. The
plans shall be consistent with the Water Efficient Ordinance. The following items shall
accompany the plans:
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. Total cost estimate of plantings and irrigation (in accordance with the approved
plan).
20. All utilities shall be screened from public view. Landscape construction drawings shall
show and label all utilities and provide appropriate screening. Provide a 3' clear zone
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around fire check detectors as required by the Fire Department before starting the
screen. Group utilities together in order to reduce intrusion. Screening of utilities is not
to look like an after-thought. Plan planting beds and design around utilities. Locate all
light poles on plans and insure that there are no confiicts with trees.
21. All parking areas shall be screened from the street with shrub plantings, earth berms or
walls that can be maintained at a minimum height of 3 feet.
22. Trash enclosures shall be screened. Shrubs and wall vines shall be provided on 3 sides
of enclosures as required to provide screening.
23. Mature plantings shall not interfere with utilities and traffic sight lines. All traffic sight
lines shall be shown on the landscape plans.
24. A landscape maintenance program shall be submitted for approvai with the landscape
construction plans, which details the proper maintenance of all proposed plant materials
to assure proper growth and landscape development for the long-term esthetics of the
property. The approved maintenance program shall be provided to the landscape
maintenance contractor who shall be responsible to carryout the detailed program.
25. Construction drawings shall be modified to show a minimum of three, 4'xT motorcycle
parking spaces within the off-street parking area.
26. The property owner shall submit a parking lot lighting plan for review and approval which
meets the requirements of the Harveston Specific Plan, Development Code and Palomar
Lighting Ordinance. The plan shall include a photometric analysis of the onsite parking
area. Parking lot light standards, with a maximum height of 20-feet, shall be placed in
such a way as to not adversely impact the growth potential of parking lot trees.
Prior to Building Occupancy
27. The property owner shall fully install all required landscaping and irrigation onsite as
shown on the approved landscape plan and submit a landscape maintenance bond in a
form and amount approved by the Planning Department for a period of one-year from
the date of issuance of the first occupancy permit within the development phase.
28. Submit an agronomic soils study for review and approval by the Planning Director.
DEPARTMENT OF PUBLIC WORKS
Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any
Government Agency. It is understood that the Developer correctly shows on the site pian all
existing and proposed property lines, easements, traveled ways, improvement constraints and
drainage courses, and their omission may require the project to be resubmitted for further
review and revision.
General Requirements
29. A Grading Permit for either rough and/or precise grading, including all on-site flat work
and improvements, shall be obtained from the Department of Public Works prior to
commencement of any construction outside of the City-maintained street right-of-way,
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30. 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.
31. All 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.
32. The Applicant shall comply with all underlying Conditions of Approval for Harveston
Specific Plan No. 13 (PA99-0418) as approved on August 14, 2001.
33. The Applicant shall comply with all underlying Conditions of Approval for Tentative Tract
Map No. 29639(PAOO-0295) as approved on August 14, 2001.
Prior to Issuance of a Grading Permit
34. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed
and approved by the Department of Public Works. The grading plan shall include all
necessary erosion control measures needed to adequately protect adjacent public and
private property.
35. 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.
36. A Soil Report shali be prepared by a registered Soil or Civil Engineer and submitted to
the Director of the Department of Public Works with the initial grading plan check. The
report shall address all soils conditions of the site, and provide recommendations for the
construction of engineered structures and pavement sections.
37. 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 ali Priority Development
Projects as listed in the City's NPDES permit. Priority Development Projects wili include
a combination of structural and non-structural onsite source and treatment control 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
proponent shall also provide proof of a mechanism to ensure ongoing long-term
maintenance of all structural post-construction BMPs.
38. As deemed necessary by the Director of the Department of Public Works, the Developer
shall receive written clearance from the foliowing agencies:
a. San Diego Regional Water Quality Control Board
b. Riverside County Flood Control and Water Conservation District
c. Planning Department
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d. Department of Public Works
39. The Developer shall comply with all constraints which may be shown upon an
Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the
subject property.
40. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the
Riverside County Flood Control and Water Conservation District by either cashier's
check or money order, prior to issuance of permits, based on the prevailing area
drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already
been credited to this property, no new charge needs to be paid.
Prior to Issuance of a Building Permit
41. Precise grading plans shall conform to applicable City of Temecula Standards subject to
approval by the Director of the Department of Public Works. The following design
criteria shall be observed:
a. Flowline grades shall be 0.5% minimum over P.C.C. and 1,00% minimum over
A.C. paving.
b. Driveways shall conform to the applicable City of Temecula Standard No. 207 A.
c. Concrete sidewalks and ramps shall be constructed along public street frontages
in accordance with City of Temecula Standard Nos. 400, 401 and 402.
d. All street and driveway centerline intersections shall be at 90 degrees.
e. Landscaping shall be limited in the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility.
42. A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic
Engineer and reviewed by the Director of the Department of Public Works for any street
closure and detour or other disruption to traffic circulation as required by the Department
of Public Works.
43. The building pad shall be certified to have been substantially constructed in accordance
with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil
Engineer shall issue a Final Soil Report addressing compaction and site conditions.
44. The Developer shall obtain an easement for ingress and egress over the adjacent
property.
45. The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with the Development Agreement between the City and
Developer dated August 28, 2001.
Prior to Issuance of a Certificate of Occupancy
46. 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
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c. Department of Public Works
47. Corner property line cut off shall be required per Riverside County Standard No. 805.
48. All publiC improvements shall be constructed and completed per the approved plans and
City standards to the satisfaction of the Director of the Department of Public Works.
49. The existing improvements shall be reviewed. Any appurtenance damaged or broken
shall be repaired or removed and replaced to the satisfaction of the Director of the
Department of Public Works.
FIRE DEPARTMENT
50. 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.
51. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The
developer shall provide for this project, a water system capable of delivering 3000 GPM
at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM
for a total fire flow of 3850 GPM with a 4 hour duration. The required fire flow may be
adjusted during the approval process to reflect changes in design. construction type. or
automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire
Flow as given above has taken into account all information as provided. (CFC 903.2,
Appendix III-A)
52. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III-B, Table A-III-B-1. A minimum of 5 hydrants, in a combination of on-site
and off-site (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 210 feet apart, at each
intersection and shall be located no more than 380 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)
53. As required by the California Fire Code, when any portion of the facility is in excess of
150 feet from a water supply on a public street, as measured by an approved route
around the exterior of the facility, on-site fire hydrants and mains capable of supplying
the required fire flow shall be provided. For this project on site fire hydrants are
required. (CFC 903.2)
54. 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)
55. 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)
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56. 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. This shall include the parking lot on top of the parking structure. (CFC
sec 902)
57. Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13)
feet six (6) inches. This shall include the entry canopy in front of the main
entrance. (CFC 902.2.2.1)
58. Prior to building construction, this development shall have two (2) points of access, via
all-weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1)
59. 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 systern
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)
60. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective
Markers" shali be installed to identify fire hydrant locations. (CFC 901.4.3)
61. Prior to issuance of a Certificate of Occupancy or building final, approved numbers or
addresses shall be provided on all new and existing buildings in such a position as to be
plainly visible and legible from the street or road fronting the property. Numbers shall be
of a contrasting color to their background. Commercial, multi-family residential and
industrial buildings shall have a minirnum twelve (12) inches numbers with suite
numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6)
inch high letters and/or numbers on both the front and rear doors. Single family
residences and multi-family residential units shall have four (4) inch letters and lor
numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4)
62. Prior to issuance of a Certificate of Occupancy or building final, a directory display
monument sign shali be required for apartment, condominium, townhouse or mobile
home parks. Each complex shall have an illuminated diagrammatic layout of the
complex which indicates the name of the complex, all streets, building identification, unit
numbers, and fire hydrant locations within the complex. Location of the sign and design
specifications shall be submitted to and be approved by the Fire Prevention Bureau
prior to installation.
63. Prior to issuance of Certificate of Occupancy or building final, based on square footage
and type of construction, occupancy or use, the developer shall install a fire sprinkler
system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for
approval prior to installation. (CFC Article 10, CBC Chapter 9)
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64. Prior to issuance of Certificate of Occupancy or building final, based on a requirement
for monitoring the sprinkler system, occupancy or use, the deveioper shall install an fire
alarm system monitored by an approved Underwriters Laboratory listed central station.
Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation,
(CFC Article 10)
65. Based on the general safety of users and firefighters, the underground parking structure
will be provided with an approved autornatic fire sprinkler system with plans shall be
submitted to the Fire Prevention Bureau for approval prior to installation.
66. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall
be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be
located to the right side of the fire sprinkler riser door. (CFC 902.4)
67. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire
Department for approval, a site plan designating Fire Lanes with appropriate lane
painting and or signs.
Special Conditions
68. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a
simple floor plan, each as an electronic file of the .DWG format must be submitted to the
Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire
prevention for approval.
69. The applicant shall comply with the requirements of the Fire Code permit process and
update any changes in the items and quantities approved as part of their Fire Code
permit. These changes shall be submitted to the Fire Prevention Bureau for review and
approval per the Fire Code and is subject to inspection. (CFC 105)
70. The fire lanes including the special access fire lane into the courtyard shall be
maintained in perpetuity.
COMMUNITY SERVICES
General Conditions
71. The trash enclosures shall be large enough to accommodate a recycling bin, as well as,
regular solid waste containers.
72. The developer shall contact the City's franchised solid waste hauler for disposal of
construction debris. Only the City's franchisee may haul construction debris.
73. All parkways including areas within the ROW, courtyard area, fencing and on site lighting
shall be maintained by the property owner or maintenance management organization,
Prior to Issuance of Building Permit
74. The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauier for disposal of construction debris.
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BUILDING DEPARTMENT
75. Ail design components shall comply with applicable provisions of the 2001 edition of the
California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code;
California Administrative Code, Title 24 Energy Code, California Title 24 Disabled
Access Regulations, and the Temecula Municipal Code.
76. The City of Temecula has adopted an ordinance to collect fees for a Riverside County
area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this
ordinance on March 31, 2003, this project will be subject to payment of these fees at the
time of building permit issuance. The fees shall be subject to the provisions of
Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance.
77. Submit at time of plan review, a complete exterior site iighting plans showing compliance
with Ordinance No. 655 for the regulation of light pollution. All street-lights and other
outdoor lighting shall be shown on electrical plans submitted to the Department of
Building and Safety. Any outside lighting shall be hooded and directed so as not to
shine directly upon adjoining property or public rights-of-way.
78. A receipt or clearance letter from the Temecula Valley School District shall be submitted
to the Building & Safety Department to ensure the payment or exemption from School
Mitigation Fees.
79. Obtain all building plans and permit approvals prior to commencement of any
construction work.
80. Obtain street addressing for all proposed buildings prior to submittal for plan review.
81. All building and facilities must comply with applicable disabled access regulations.
Provide all details on plans. (California Disabled Access Regulations effective April
1,1998)
82. Provide disabled access from the public way to the main entrance of the building.
83. Provide van accessible parking located as close as possible to the main entry.
84. A sound transmission control study shall be prepared and submitted at time of plan
review in accordance with the provisions of Appendix Chapter 12, Section 1208A, of the
2001 edition of the California Building Code.
85. Provide house electrical meter provisions for power for the operation of exterior lighting,
fire alarm systems.
86. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001
edition of the California Building Code Appendix 29.
87. Provide appropriate stamp of a registered professional with original signature on plans
prior to permit issuance.
88. Provide electrical pian including load calculations and panel schedule, plumbing
schematic and mechanical plan for plan review.
R:\D P\2004\04~03g3 Harveston Retirement Residence\City Council Reports\CC Resas and COA's.doc
14
89. Truss calculations that are stamped by the engineer of record and the truss
manufacturer engineer are required for plan review submittal.
90. Provide precise grading plan at plan check submittal to check accessibility for persons
with disabilities.
91. A pre-construction meeting is required with the building inspector prior to the start of the
building construction.
92. Trash enclosures, patio covers, light standards, and any block walls if not on the
approved building plans, will require separate approvals and permits.
93. Show all building setbacks.
94. Signage shall be posted conspicuously at the entrance to the project that indicates the
hours of construction, shown below, as allowed by the City of Temecula Ordinance No.
94-21, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site
within one-quarter mile of an occupied residence.
Monday-Friday 6:30 a.m. - 6:30 p.m.
Saturday 7:00 a.m. - 6:30 p.m.
No work is permitted on Sundays or Government Holidays
OUTSIDE AGENCIES
95. The applicant shall comply with the recommendations set forth in the attached
correspondence from the Riverside County Department of Environmental Health dated
June 15, 2004.
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.
Date
Applicant's Signature
Applicant's Printed Name
R:\D P\2QQ4\04-0393 Harveston Retirement Residence\City Council Reports\CC Resas and COA's.doc
15
o coO. I Y OF RIVERSIDE. HEALlOvcRVICES AGENCY 0
DEPARTMENT OF ENVIRONMENTAL HEALTH
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June 15,2004
JUN 1 " 2004
City of Temecula Planning Department
P.O. Box 9033
Temecula, CA 92589-9033
Attention: Matt Harris
By
RE: Plot Plan No. P A04-0393
Dear Mr. Harris:
Department of Environmental Health has reviewed the P]ot, Plan No. PA04-0393 to construct a
106,882 sq. ft, ]20 suite retirement residence and has no objections. Water and sewer services
should be available in this area.
1. PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING SHOULD
BE REQUIRED:
a) "Will-serve" letters from the appropriate water and sewering districts.
'0
, Sincerely,
~z uperv ingEn 'ronmenlal Health Specialisl
(909) 955-8980
NOTE: Any current additional requirements not covered can be applicable at time of Building Plan
review for final Department of Environmental Health clearance.
( )
'c~1 Enforcement' Agency' P.O, Box 1280, Riverside, CA 92502-1280 ' (909) 955.8982 ' FAX (909) 781-9653 ' 4080 Lemon Street, 9th Floor. Riverside. CA 92501
lOr Use and Water Engineering. Po. Box 1206, Riverside, CA 92502-1206 . (909) 955-8980 . FAX (909) 955.8903 . 4080 Lemon Street, 2nd ROOT, Riverside, CA 92501
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ATTACHMENT NO.2
PLANNING COMMISSION STAFF REPORT MEMO (APRIL 20, 2005)
R:\D P\2004\04.0393 Harveston Retirement Residence\City Council Reports\CC Staff Report.doc
7
CITY OF TEMECULA
PLANNING DEPARTMENT
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Planning Commission
Matt Harris, Associate Planner
April 20, 2005
Harveston Retirement Residence Redesign (PA04-0393)
BACKGROUND
On January 19, 2005 the Planning Commission took public testimony and considered a
proposed Development Plan to construct, establish and operate a four-story, 115-unit senior
congregate care facility within the mixed-use overlay zone of the Harveston Specific Plan. The
Commission subsequently requested that the building be reduced in height, that additional
onsite parking be provided, and that retail uses be incorporated into the facility so as to ensure
that the Harveston retail village concept was achieved. The project was continued to the March
2, 2005 Planning Commission meeting to allow for the redesign.
After participating in Planning Commission Sub-Committee meetings which included
neighborhood residents, the project architect entirely eliminated the fourth floor of the building
resulting in a substantial reduction in the overall height. An on site subterranean parking garage
was added which served to increase the number of onsite parking spaces. In addition, at the
request of neighboring residents, extensive single-story elements were incorporated into the
building's Township Road elevation to ensure compatibility with nearby single-family residences.
However, the applicants chose not to incorporate retail uses into the facility as requested by the
Commission.
On March 2, 2005, the Planning Commission took public testimony and considered the various
modifications undertaken by the project architect. Subsequently, the Commission again
requested that a retail component be incorporated into the facility. The Commission also felt that
the architectural style, materials and colors proposed for the facility were not compatible with the
Harveston community and that the rnass of the structure was still not to scale with surrounding
buildings. The Commission moved to continue the project to the April 20, 2005 Planning
Commission meeting to allow for the redesign.
Architectural Chanqes
To address the retail component issue, three separate retail spaces have now been added to
the facility at the corner of Village Road and Landings Road which include the following:
1. Beauty Salon - 700 Square Feet
'\
j
2.
Barber Shop - 600 Square Feet
3. Home Health Center Office - 350 Square Feet
R:\D P\2004\04-0393 HalVeston Retirement Residence\Planning Commission Memo.doc
1
Each of the retail spaces will have exterior storefronts and signage on the street frontages (two
on Village Drive and one on Landings Road). Moreover, covered patios have been provided
along each storefront to allow for bench seating.
To address the massing issue, roof lines have been further broken up and lowered along both
the Landings and Township Road elevations. In addition, the widths of columns has been
reduced and four separate color schemes are now proposed for the elevations to further
segment and break-up the building mass.
Architectural concerns have been addressed by creating a more traditional looking style that
emulates nearby buildings within the village area. The previously proposed decorative stone
base and columns has been eliminated. The use ,of hardi-plank, horizontal siding and shingle
siding materials has been expanded. Metal seam awnings are also proposed over some
windows along with additional corbels and roof treatments at eaves. The project conditions of
approval have been modified accordingly to reflect the material changes.
, Onsite Parkino
The City's Development Code requirement for congregate care faCilities is v., covered space per
unit plus one uncovered space per five units for guest parking. This equates to a requirement of
58 covered spaces and 23 uncovered spaces (81 spaces total) for the proposed facility. A total
of 42 covered spaces and 39 uncovered spaces are provided onsite (81 spaces total). Staff
I ' believes the proposed reduction in covered spaces is appropriate given that only approximately
20% of the residents at the facility will own a vehicle.
No parking spaces have been provided onsite in association with the three proposed retail
spaces. Staff believes onsite parking is not necessary given that the large majority of patrons
will likely reside in the HarYeston area and will either use the shuttle, walk or ride bicycles to the
site.
ATTACHMENTS
1. PC Resolution No. 2005-_ - Blue Page 3
Exhibit A - Draft Conditions of Approval
2. Revised Plan Reductions - Blue Page 4 ,
3. March 2, 2005 PC Hearing Minutes - Blue Page 5
, 4. March 2, 2005 PC Staff Report - Blue Page 6
I
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R:\D P\2004\04-0393 Harveston Retirement Residence\Planning Commission Memo.doc
2
ATTACHMENT NO.3
DRAFT PLANNING COMMISSION MINUTES (April 20, 2005)
R:\D P\2004\04-0393 Harveston Retirement Residence\City Council Reports\CC Staff Report.doc
8
MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
PLANNING COMMISSION
APRIL 20, 2005
CALL TO ORDER
The City of Temecula Planning Commission convened in a regular meeting at 6:00 P.M., on
Wednesday, April 20, 2005, in the City Council Chambers of Temecula City Hall, 43200
Business Park Drive, Temecula, Caiifornia.
Chairman Mathewson thanked Eve Craig for the prelude music.
ALLEGIANCE
Chairman Chiniaeff led the audience in the Flag salute.
ROLL CALL
Present:
Commissioners Chiniaeff, Guerriero, Telesio, and Chairman Mathewson.
Absent:
Commissioner Olhasso.
PUBLIC COMMENTS
None at this time.
CONSENT CALENDAR
1 Aqenda
RECOMMENDATION:
1.1 Approve the Agenda of April 20, 2005.
2 Minutes
RECOMMENDATION:
2.1 Approve the Minutes of March 30, 2005.
3 Director's Hearinq Case Update
RECOMMENDATION:
3.1 Approve the Director's Hearing Case Update for March, 2005.
R:IMinutesPCI042005
MOTION: Commissioner Guerriero moved to approve the Consent Calendar. Commissioner
Chiniaeff seconded the motion and voice reflected approval with the exception of
Commissioner Olhasso who was absent.
COMMISSION BUSINESS
PUBLIC HEARING ITEMS
Continued from March 2, 2005
4 Planninq Application No. PA04-0393. a Development Plan. submitted bv Curry Brandaw
Architects. to construct. establish, and operate a three-storv senior conqreqate care facilitv
consistinq of 115 units on 2.1 acres and an exception to the development standards to
reduce the onsite parkinq requirements bv 13 spaces. iocated on the southeast corner of
Villaqe Road and Township Road within the Harveston Specific Plan
Associate Planner Harris presented a staff report (as written).
In response to the Planning Commission's queries, Mr. Harris relayed the following:
. That if the three retail components listed in staff's report (Beauty Shop, Barber Shop,
and Home Health Care) were not to work out, other retail-type uses could be utilized in
the spaces
. That the proposed redesigned project and the apartment building would be comparable
in height.
..
At this time, the public hearing was opened.
Mr. Sam Alhadeff, representing the applicant, thanked staff for their hard work and thorough
staff report. Mr. Alhadeff noted that the proposed project would be a permitted use and that the
concerns of massing and elevation, architecture, and the retail component have all been
addressed by the applicant.
Mr. Garth Brandau, representing the applicant, noted the foilowing:
. That at the request of the Planning Commission, the applicant has eliminated the fourth
floor resulting in a substantial reduction in the overall height
. That the applicant has incorporated retail uses into the facility; noted that the intent of
the applicant would be to incorporate a Barber Shop, Beauty Shop, and Home Health
Care Center, but that if this were not possible, the applicant would have the ability to
acquire other tenants into the facility
. That in regard to the concern of architecture, the applicant created a more traditional
looking style that would emulate nearby buildings within the Village area
. That in addressing the massing issue, the roof lines have been further broken up and
lowered along both the Landings and Township Road elevations; and that the widths of
the columns have been reduced and four separate color schemes are proposed for the
elevations to further segment and break up the building mass.
R:IMinutesPCI042005
2
Commissioner Chiniaeff expressed concern with the large hip roof Clnd the view the residents on
the corner of Township Road and Harveston Drive would have.
Understanding Commissioner Chiniaeff's concern, Mr. Brandaw noted that it would be possible
to break up the hip roof.
For Commissioner Chiniaeff, Mr. Alhadeff relayed that the applicant would be agreeable to a
condition requiring the breaking up the hip on the roof of the proposed project.
Ms. Mary Rauschenburg, representing Lennar Communities, spoke in favor of the proposed
project; advised that in regard to the lease of the four live/work units of the apartment building,
the owner has received interest from four specific uses; and noted that although the Welcome
Home Center will be utilized by Lennar Communities for another 18 months, it would be the
intent of Lennar that after that period of time, the facility would be used for retail uses.
For Ms. Rauschenburg, Chairman Mathewson noted that he would like to see the live/work units
come to fruition.
The following individuals spoke against the proposed facility for the following reasons:
. Mr. Anthony Reiter
. Mr. Jeffrey Duhaney
. Mr. Roger Logan
. Mr. Larry Bales
. Mr. Kenneth Ray
. Mr. Kristopher Williams
Mr. Spencer Simm
Ms. Shelley Moon
Mr. Mike Bender
Ms. Stormer Simm
. That the Isabel Barnet Elementary School will be completely overshadowed by the
proposed three-story senior apartment facility
. That three-story buildings or higher are not compatible in the Harveston Community,
they belong along commercial corridors with similar size buildings
. That the value of the homes in Harveston Community will depreciate if the proposed
project were allowed
. That the amount of emergency services that will be created due to the proposed project
will be a nuisance to the residents of Harveston
. That the applicant has only made minor changes to the proposed project
. That Lennar never advised that a four-story senior congregate care facility would be built
in the Harveston Community
. That the proposed retirement residence will not be favored by the residents
. That the residents of Harveston are desirous of what was originally promised by Lennar -
retail and small town Americana Main Street, U.S.A.
. That the proposed project is obtrusive, too tall, unsightly, and unwelcome.
R:IMinutesPCI042005
3
Clarifying for Mr. Bender, Commissioner Telesio noted that he had previously mentioned that if
the initially proposed project were not redesigned in a fashion that would be acceptable to the
Planning Commission, the applicant may not be the right applicant.
Mr. Sam Alhadeff, representing the applicant, noted the following:
. That the use is a permitted use under the Harveston Specific Plan
. That the proposed project will meet the Development standards in terms of lot coverage
and setbacks;
. That retail will be provided as spelled out in the Specific Plan
. That the applicant has made the requested changes as requested by the Planning
Commission
. That the applicant would be willing to accept a condition that would impose breaking up
the long ridge roofline as requested by the Planning Commission.
At this time, the public hearing was closed.
Commissioner Guerriero thanked the applicant for their efforts in making the requested changes
and noted the following:
. That the proposed facility was part of the intent of the Harveston Specific Plan
. That there is a need within the Temecula area to house seniors
. That the applicant has addressed the issues that were a concern
. That the proposed project is a congregate care facility, not an assisted living facility; and
that, therefore, emergency response times would not be the same
. That staff will ensure that Lennar Homes will provide was originally proposed
. That the Planning Commission would request to change the rooflines.
Commissioner Chiniaeff offered the following cornments:
. That the current four Planning Commissioners were a part of the development of the
Harveston Specific Plan and that at that time, it was the vision of Harveston to include
residents of all ages including seniors
. That the applicant has made great strides from the time that this project was originally
submitted.
In closing, Mr. Chiniaeff stated that he would be of the opinion that the applicant has met the
intent of the Specific Plan.
R:\MinutesPC\042005
4
Clarifying for the Planning Commission, Assistant City Attorney Curley relayed that age, medical
conditions, race, color or creed are not factors on which housing choices could be based.
For the Planning Commission, staff and the public, Commissioner Telesio noted that he has
been a part of two ad-hoc committees and has also worked with the applicant and is of the
opinion that there have been significant changes from the original plan.
In response to Commissioner Telesio's query, Director of Planning Ubnoske noted that the retail
spaces would not be useable for any residential spaces and that the Specific Plan imposes a
number of different retail uses on the project.
Thanking the speakers for their comments and the applicant for all their revisions, Chairman
Mathewson relayed the foliowing:
. That the building has been reduced in height
. That onsite parking will be provided
. That retail uses have been incorporated into the facility
. That as long as the retail uses are consistent with the permitted uses, the applicant
should be the one determining what the uses would be.
Mr. Mathewson commented on the applicant's efforts to address the massing and scale of the
proposed project and that based on what is being proposed to the Commission and subject to
additional modification to the rooflines, he would be in favor of supporting the project.
MOTION: Commissioner Guerriero moved to approve the proposed project subject to the
addition of a condition, imposing that additional roofline variations shali be incorporated into the
building design to reduce the mass and overall height of the ridgelines and that modifications
shall be subject to the review and approval of the Director of Planning; that 1,650 square feet of
retail space within the facility shali be used exclusively for retail commercial purposes in
perpetuity; that the specific type uses shall be consistent with the Harveston Specific Plan; and
that the applicant and the Fire Department shall jointly develop a lights and sirens protocol for
emergency response vehicle and that the protocol shall be reviewed and approved by the Fire
Chief and the Director of Planning. Commissioner Chiniaeff seconded the motion and voice
vote reflected approval with the exception of Commissioner Olhasso who was absent.
At this time, Planning Commission took a five-minute break.
R:IMinutesPCI042005
5
PC RESOLUTION NO. 2005-022
PC RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA04-0393, A DEVELOPMENT PLAN TO CONSTRUCT,
ESTABLISH AND OPERATE A THREE-STORY, 115-UNIT
SENIOR CARE CONGREGATE CARE FACILITY WITH THREE
RETAIL SPACES ON 2.1 ACRES LOCATED AT THE
SOUTHEAST CORNER OF VILLAGE ROAD AND TOWNSHIP
ROAD WITHIN THE HARVESTON SPECIFIC PLAN AREA
ALSO KNOWN AS APN 916-170-027
Continued from Apri/6, 2005
5 Plannina Application No. PA04-0462. PA04-0463. PA04-0571. a General Plan Amendment.
Zone Chanae, Conditional Use Permit. Development Plan and Tentative Parcel Map
submitted by Universal Health Svstems. Inc. to construct a 320-bed hospital facility and
helipad. two medical office buildinas totalina approximate Iv 140.000 sauare feet. a 10.000
sauare foot cancer center. and an 8.000 sauare foot fitness rehabilitation center ali totalina
approximately 566.160 sauare feet on 35.31 acres. located on the north side of Hiahway 79
South and south of DePortola Road. approxirnately 700 feet west of Maraarita Road
Senior Planner Papp presented a brief staff report (of written record), noting that based on the
issues that were discussed and presented to staff via ietters from Best, Best, and Krieger. Fish
and Wildlife Service, and area residents, it was staff's opinion that a focused Environmental
Impact Report (EIR) should be prepared for the proposed project to address issues stated in
staff's report.
For the Planning Commission, staff, and the public. Commissioner Chiniaeff noted that although
he was not able to attend the Planning Commission meeting of April 5, 2005, regarding the
proposed project, he has listened to the Planning Commission tape and has reviewed ali
documents that have been presented and understands the concerns that have been raised.
Assistant City Attorney Curley noted that tonight's Planning Commission meeting will de dealing
with noise, aesthetics, traffic, and hydrology.
Chairman Mathewson also relayed that once the Notice of Preparation (NOP) is released, there
will be another opportunity for the public to comment on the scope of the NOP and that once the
focused EIR draft is released, there will be an opportunity for the public to comment on that as
well.
In response to Commissioner Guerriero's query, Senior Planner Papp relayed that it would be
his opinion that the proposed hospital will not have any need for underground tanks but will
have above-ground oxygen tanks; that there may be underground storm drains; and that there
will be one large back up generator that will be located near the oxygen tanks (east elevation of
hospital).
R:IMinutesPCI042005
6
For Senior Planner Papp, Chairman Mathewson relayed his desire for the scope of the
document to not address the source of the leaking tank in great detail.
Clarifying for the Commission, Assistant City Attorney Curley relayed that CEQA would address
the impact of a project on the environment, not the environment on the project.
At this time, the public hearing was opened.
The following individuals spoke against the proposed project for the following reasons:
. Mr. Kenneth Ray
. Mr. Brad Stormon
Mr. Don Stowe
Mr. Raymond Bennett
.
That the narrow residential roads of Santiago Ranchos cannot handle the delivery
trucks, trash trucks, ambulances, and patients with appointments
.
That the Planning Commission consider the request of not approving any plan that
would contain any regular open ingress/egress for the hospital site on DePortola Road
and any building over three stories
.
That the traffic impact report on Pio Pico Road must be prepared and should be
addressed with the EIR
.
That a sound wall be installed to protect the residents of Pio Pico Road
.
That impact to equestrian uses in the area be addressed
.
That the Planning Commission ensure that the emergency room will not be upgraded to
a trauma center at any time.
.
That the dead-end (southern) portion of Pio Pico Road has not been adequately
addressed; that it is the desire of the surrounding residents that the dead-end portion of
Pio Pico Road (southern end) be abandoned or sold to the adjacent neighbor.
Chairman Mathewson noted that the project description does not include a trauma center.
Assistant City Attorney Curley noted that an Environmental document assesses a project and
that although the concern of the dead-end (southern end) portion of Pio Pico Road would be
valid, at this time, circulation is not being planned, advising that this concern would be handled
in a different forum than in the EIR.
Clarifying for the public and Planning Commission, Commissioner Telesio noted that all of Pio
Pico Road south of DePortola Road will be addressed in the traffic/circulation portion of the
project.
At this time, the public hearing was closed.
R:IMinulesPCIQ42QQ5
7
For the Planning Commission, Chairman Mathewson queried if staff's report was adequate or if
there were any other issues that the Commission would want addressed.
For Chairman Mathewson, Commissioner Chiniaeff noted that it would be his opinion that staff's
report is adequate but requested that staff include the storm drain issue that would run through
the proposed property and the impacts if a traurna center were incorporated into the proposed
project.
Chairman Mathewson concurred with Commissioner Chiniaeff's comments and is of the opinion
that staff's report is adequate and does reflect the concerns previously mentioned.
Assistant City Attorney Curley noted that the Commission does not need to vote on this item;
that staff will move forward with the Commission's comments and that there will be many
opportunities for the public to comment.
It was the consensus of the four Planning Commissioner's to receive and file this report.
New Items
6 Planninq Application No. PA04-0561 a Development Plan, submitted bv STDR Architects. to
construct and operate a 7.380 square foot restaurant, located on 0.42 acres. qenerallv
located approximately 800 feet west of Marqarita Road, at the northeast intersection of the
Temecula Mall Loop Road and the Mall Access Road that is an extension of Verdes Lane
Associate Planner Fisk presented a staff report (of record) and recommended revisions of the
following Conditions of Approval:
That the language: As may be due and payable by the Development Aqreement, be added
to the end of each of the following Conditions
. No. 45 DIF
. No. 46 TUMPF
. No. 50 TUMPF
. No. 90 Public Art Ordinance
That the cover sheet of Draft Conditions of Approval be revised to as such:
MSHCP: Per Development Agreement
TUMF: Per Development Agreement
R:IMinutesPCI042005
8
COMMISSION DISCUSSION
In response to Commissioner Chiniaeff's query, Director of Planning Ubnoske stated that the
architectural consultant has not reviewed the proposed project and that if it were the desire of
the Planning Commission, the proposed project could be forwarded to the architectural
consultant for review.
Responding to Commissioner Guerriero's concern, Associate Planner Fisk noted that the tower
elements would be closed windows.
Commissioner Guerriero also noted his concern with the parking and queried if there would be
additional access to the restaurant's parking lot from the street or will patrons be forced to travel
to the access road and utilize the primary entry.
For Commissioner Guerriero, Associate Planner Fisk relayed that through a shared agreement
for the entire Power Center II, available for El Torito as well as the other uses within the Power
Center II, there will be adequate parking for the entire center and that when the Power Center II
was initially approved, it allowed for a larger restaurant than was is currently being proposed,
Commissioner Guerriero stated that it would be his opinion that none of the restaurants in the
Promenade Mall and Power Center II have adequate parking and relayed a safety issue with the
pedestrian traffic crossing the loop road.
Commissioner Chiniaeff expressed concern with the side of the building where the service
doors are located, advising that there is an open space with no landscaping and queried if there
would be landscaping incorporated.
In response to Commissioner Chiniaeff's query, Associate Planner Fisk noted that there is an
easement in that particular area on the side of the building and was not sure if it will be
landscaped.
At this time, the public hearing was opened.
Mr. Matthew Fagan, representing Real Mex Restaurants and EI Torito, offered a 3-dimenstional
PowerPoint presentation, noting the following:
. That the proposed project will reflect Temecula's old style and new style
. That the proposed project will be vibrant and exciting
. That the Plaza area will be fun, exciting, and inviting
. That the proposed project will offer many angles
. That the applicant is in agreement with the Conditions of Approval as presented by staff
. That the Planning Commission consider the deletion or fulfillment of Condition of
Approval Nos. 17 and 18
. That the landscaping will be landscaped up the applicant's lease line.
R:\MinutesPC\042005
9
Mr. Mark Turpin, representing Real Mex Restaurants, offered the following comments:
. That the entire premise of the design of the proposed project is based upon the
company's commitment to authentic Mexican food; that the intent with the design would
be to create an image of a traditional Mexico or California surrounded by bold colorful
shapes that would be found in new construction within Mexico
. That the proposed architecture will combine eiements of traditional and contemporary
Mexican architectural style.
Mr. Mike Chico, architect for the proposed project, noted that the applicant would only be
obligated to landscape to the easement line and that the proposed landscaping was designed
as a desert landscaping theme to tie along into the new architecture of the building.
In response to Commissioners' query, Mr. Chico noted that although staff would have preferred
that the building design be either traditional or contemporary, it was the opinion of the applicant
that combining traditional and contemporary elements surrounded by bold colorful shapes would
be new and exciting.
For Commissioner Chiniaeff, Mr. Fagan relayed that he is unaware of whose responsibility it
would be to landscape the easement but would discuss his concern with the property owner.
At this time, the public hearing was closed.
COMMISSION DISCUSSION
Commissioner Chiniaeff noted the following:
. That it would be his desire that the back side of the proposed building be landscaped
.
before moving forward with the project
. That the east elevation (yellow wall) be dropped down to show some life and color to
the elevation which would allow a view into the patio area versus a long flat wali; and
expressed his support of the use of bricks and trellis
Commissioner Telesio noted his concern with the bold colors and the overall contemporary
architecture and would prefer it be the traditional style.
Commissioner Guerriero expressed his enthusiasm with the EI Torito coming to the City of
Temecula and noted his appreciation for the 3-dimensitional PowerPoint Presentation.
Commissioner Guerriero concurred with staff's change of the yellow wall (east elevation) but did
express his desire for the original architecture.
Nothing his appreciation for the 3-dimentional, Chairman Mathewson relayed that it would be his
opinion that the proposed project will be under parked and that the architectural consultant
should have reviewed the proposed project for direction.
Commissioner Guerriero, echoed by Chairman Mathewson, expressed concern with pedestrian
traffic crossing the mall loop road as well as the lack of parking spaces.
R:IMinutesPCI042005
10
Commissioner Chiniaeff directed staff to have the landscape architect review the concern of
landscaping on the easement.
Understanding the concerns of the Planning Commissioners, Mr. Fagan noted that the applicant
would be agreeable to a condition that would require the applicant to work with the property
owner to address the landscaping easement issue.
For the Planning Commission, Principal Plqnner Hazen relayed that if it were the desire of the
Planning Commission, he will forward the proposed project to the architectural consultant along
with the concerns of the Planning Commission.
For Commissioner Telesio, Associate Planner Fisk requested from the applicant that the design
be either the traditional or contemporary but that the applicant expressed desire to combine
elements of traditional and contemporary Mexican architectural styles.
In response to Mr. Fisk's statement. Commissioner Telesio expressed his support of either one
style or the other, not a combination of both.
MOTION: Commissioner Chiniaeff moved to continue the item to the May 18, 2005 Planning
Commission meeting; requested that the landscaping at the property line be addressed; that
parking be addressed; and that the design of the proposed project be forwarded to the
architectural review. Commissioner Guerriero seconded the motion and voice vote reflected
approval with the exception of Commissioner Olhasso who was absent.
7 Planninq Application No. PA05-0047. a Development Code Amendment. amendinq the
Municipal Code to allow automobile and truck dealerships to conduct weekend promotional
activities with an appropriate permit. increase the number of allowable minor temporary use
permits from two to four per year. and make a modification to the allowable size for
freestandinq tenant identification siqns
Associate Planner West presented a staff report (of record).
In response to the Commissioner Guerriero's query, Director of Planning Ubnoske relayed that
the lumes of the proposed signs would be consistent with what is currently being used.
Clarifying for the Commission, Principal Planner Hogan noted that the signs would be internally
illuminated and that they would not be a spot light illumination.
For the Planning Commissioners, Associate Planner West relayed that if the applicant were to
exceed the number and size of the canopies and banners, that would be one way to determine
the program's effectiveness.
Given the small scale of the program, Principal Planner Hogan was of the opinion that the event
would hardly be noticed.
Planning Director Ubnoske stated that the item will be forwarded to the City Council.
In response to Chairman Mathewson's query, Mr. West noted that the size of the banner would
be consistent with the current sign ordinance (32 square feet) and that the maximum height of
the banner would be 3 feet with a maximum height off the ground of 6 feet.
R:\MinutesPC\042005
11
Chairman Mathewson expressed concern with such activities becoming an every-weekend
event.
Addressing Chairman Mathewson's concern, Mr. West stated that the Sunset Provision will
provide an opportunity to evaluate the Ordinance; that the intent would be that each dealership
would need to apply for a Master Temporary Use Permit and indicate on its site where each
canopy, banner, etc... would be located so that it could be enforced by Code Enforcement to
ensure that they are in compliance.
At this time, the public hearing was opened.
Mr. Isaac Lizarraga, representing Temecula Valley Auto Association, spoke in favor of the
Ordinance amending the Municipal Code to allow automobile and truck dealerships to conduct
weekend promotional activities.
For the Commission, Mr. West noted that the proposal would be for new car dealerships only.
Director of Planning Ubnoske relayed that staff will work with the language to include two events
at the Mall and two events in area B.
Commissioner Guerriero noted that the dealerships in Temecula have been very supportive for
special events in town and would be supportive of the proposal, noting that after 18 months, he
would be willing to expand the time.
MOTION: Commissioner Guerriero moved to approve staff's recommendation and to allow for
two banners. Commissioner Chiniaeff seconded the motion and voice vote reflected approval
with the exception of Commissioner Olhasso who was absent.
PC RESOLUTION NO. 2004-023
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTERS 17.04 AND 17.28 OF THE
TEMECULA MUNICIPAL CODE TO ALLOW MINOR WEEKEND
PROMOTIONAL EVENTS AND TO CHANGE THE MINOR
TEMPORARY USE PERMIT REQUIREMENTS WITHIN THE
AUTO MALL AREA, AND TO ALLOW LARGER
FREESTANDING TENANT IDENTIFICATION SIGNS FOR
AUTOMOBILE AND TRUCK DEALERSHIPS. (PLANNING
APPLICATION NO. PA05-0047)"
COMMISSIONER'S REPORT
Commissioner Telesio requested that Code Enforcement explore the furniture store and noted
that there are quite a few banners on the two twin buildings that indicate "coming soon".
R:\MinutesPCI042005
12
In response to Commissioner Telesio's concerns, Director of Planning Ubnoske noted that she
will have Code Enforcement explore his concerns.
Commissioner Telesio also expressed concern with the home on the hill behind Old Town,
advising that they have a large for sale banner and could perhaps be in violation as well.
PLANNING DIRECTOR'S REPORT
None at this time.
ADJOURNMENT
At 10:30 P.M., Chairman Mathewson formally adjourned this meeting to the next reqular
meetinq to be held on Wednesday, May 4, 2005 at 6:00 P.M., in the City Council Chambers,
43200 Business Park Drive, Temecula.
Dave Mathewson
Chairman
Debbie Ubnoske
Director of Planning
R:IMinulesPCI042005
13
ATTACHMENT NO.4
PLANNING COMMISSION STAFF REPORT (MARCH 2, 2005)
R:\D P\2004\04-0393 Harveston Retirement Residence\City Council Reports\CC Staff Report.doc
9
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
Date of Meeting:
March 2, 2005
Prepared by: Matthew Harris
Title: Associate Planner
File Number PA04-0393
Application Type: Development Plan
Project Description:
A Development Plan to construct, establish and operate a three-story
senior congregate care facility consisting of 115 units on a 2.12 acre
site. The subject property is located at the southeast corner of Village
Road and Township Road in the Harveston Specific Plan area.
Recommendation:
(Check One)
[gJ Approve with Conditions
o Deny
o Continue for Redesign
o Continue to:
o Recommend Approval with Conditions
o Recommend Denial
CEQA:
(Check One)
o Categorically Exempt
(Class)
[gJ Notice of Determination
Exempt from Further Review
(Section)
15162
o Negative Declaration
o Mitigated Negative Declaration with Monitoring Plan
DEIR
Document2
PROJECT DATA SUMMARY
Applicant:
Curry Brandaw Architects
General Plan Designation:
Low Medium (LM)
Zoning Designation:
Low Medium (LM) & Mixed-Use Overlay Zone
Site/Surrounding Land Use:
Site:
Vacant
North:
South:
East:
West:
Elementary School
Apartment Complex
Apartment Complex
Child Day-Care Facility
Lot Area:
2.12 Acres (Net)
Total Floor Area/Ratio Not Applicable
Landscape Area/Coverage 15 % Required/38 % +/- Provided
Parking Required/Provided 81 Spaces/79 Spaces
BACKGROUND SUMMARY
~ 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. The attached
"Project Review Worksheet" (Attachment A) has been completed and staff has
determined that the proposed project is consistent with the General Plan, City-wide
Design Guidelines, the Harveston Specific Plan and Development Code.
The proposed congregate care facility was considered by the Planning Commission at the
January 19, 2005 meeting. Upon taking testimony from both the applicant and area residents,
the Commission voted to continue the item to the March 2, 2005 Planning Commission meeting
for redesign. The Commission requested that the building be reduced in height and that
additional onsite parking be provided. In addition, the Commission requested that the applicant
consider incorporating retail uses into the proposed facility. On February 3, 2005, a Planning
Commission sub-committee consisting of Commissioners Guerriero and Telesio met with the
applicant to consider their redesign proposal.
The project architect has eliminated the fourth story entirely without reducing the total number of
living units. Subsequently, the overall height of the building has been reduced significantly.
Moreover, a subterranean parking garage has been incorporated into the project thereby
creating enough parking spaces to satisfy onsite parking requirements. While no retail
component has been incorporated into the facility, the sub-committee members felt that the
project modifications proposed by the applicant serve to substantially' address the issues
identified by the Planning Commission. Subsequently, the subcommittee requested that staff
bring the redesigned facility back to the Planning Commission for consideration. On February
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2
"
111h and 1 ih two additional meetings were held between staff, the project architect and three
area residents. Based on those meetings additional building offsets and single-story elements
were incorporated into the Township Road building elevation so as to be more compatible with
nearby single-family residences.
PROJECT DESCRIPTION
Site Plan
The main entrance into the facility will be located on the east side of the property. Residents and
guests wili access the main entrance from the parking area. The onsite parking lot is now two
levels and partially subterranean. The top portion of the parking facility will be accessed via two
24-foot wide driveways located off Harveston Drive and Landings Road respectively. The lower
portion of the parking facility will be accessed via a third driveway off Landings Road. A
landscaped exterior courtyard will be constructed within the interior of the facility providing
outdoor passive recreational opportunities for the residents. An exterior courtyard access will be
provided to Village Road for emergency purposes within a 12-foot wide building separation area.
The Fire Department is requesting that the width of the separation be expanded to 24-feet. In
accordance with the Harveston Specific Plan, no driveway access will be provided directly off of
Township Road due to potential conflicts with adjacent elementary school traffic. Moreover, no
driveway access will be provided off of Village Road so as to achieve a continuous pedestrian
oriented buiiding frontage within the Harveston Village.
Architecture
Building architecture will continue to emulate an "Americana" style which is in keeping with the
style of surrounding buildings being constructed within the Harveston Village. The entire fourth
story of the building has been eliminated. However, the articulation and ornamentation proposed
for the original building have been maintained. The redesigned building will continue to achieve
a variety of setbacks, offsets and pop-outs including covered porches, and patios along the first-
story and balconies on upper stories. A decorative portico will be utilized at the main building
entrance for formality. In addition, varying rooflines, single-story elements and decorative
windows will serve to break-up the mass of the three-story structure and provide visual interest.
A decorative tower element is still proposed for aesthetic purposes at the corner of Village Road
and Landings Road and a second tower has been added at the corner of Village Road and
Township Road.
Materials/Colors
A mixture of painted shingle, hardiplank, stone veneer and stucco siding materials will be utilized
along with a composition shingle roof. Five different colors will be used to differentiate between
shingle siding, stucco, trim and accent features. Decorative light fixtures will be placed at
parking lot entrances.
Landscapinq
Landscaping is still provided around the entire base of the building to frame the structure and
separate it from surrounding pavements. Screening will also be achieved between the onsite
parking areas and street frontages. The main entrance to the facility will be accentuated and
formalized with a variety of specimen trees and flowering shrubs. Numerous trees have been
provided within the exterior courtyard to create shade and summer cooling along with decorative
paving and seating opportunities.
Document2
J
Nine varieties of trees will be utilized onsite including 48" box magnolia and sweet gum at the
building entrance and courtyard. Sixteen varieties of shrubs will be planted inciuding Viburnum,
Pittosporum, Boxwood and Nandina.
ANALYSIS
Site Plan
Staff has determined that the redesigned project, as conditioned, conforms to all of the
applicable development standards in the Low Medium (LM) and Mixed-Use Overlay zoning
districts. The building setbacks, refuse collection area design, and site iighting all meet. the
minimum requirements of the Specific Plan.
Parkinq
The Harveston Specific Plan requires that off-street parking requirements for specific uses within
the Mixed-Use Overlay Zone be addressed at the site plan review phase. The City's
Development Code has a specific off-street parking standard for congregate care facilities which
requires Y, of a covered space per unit plus one uncovered space per 5 units for guest parking.
Staff has determined that 58 covered spaces and 23 uncovered spaces (81 total spaces) are
required to serve the facility. The Commission felt that the 15 percent parking reduction
associated with the previous design of the facility was not adequate to serve the facility. A total
of 79 onsite parking spaces (41 covered) are now provided in association with the redesigned
facility which is much closer to the Deveiopment Code requirement. Staff believes the parking
facilities are adequate given that approximately 20% of the residents will have vehicles and a
shuttle service is provided. Staff has determined that three motorcycle parking spaces must be
provided onsite. This has been made a recommended condition of approval.
Buildinq Desiqn
Area residents expressed concern regarding the height and mass of the previously proposed
four-story facility stating that the building was much larger than any other buildings in the
Harveston community. Since that time, the project architect has completely eliminated the
fourth-story of the building resulting in an overall building height of 42-feet 4-inches which is well
below the maximum 50-foot height requirement within the Mixed-Use Overlay Zone. The sarne
number of units will be achieved onsite given that a one-level subterranean parking faciiity has
been incorporated into the design allowing for a larger building footprint onsite. Moreover, in
response to area residents concerns, the project architect has utilized additional offsets and one-
story building elements along the Township Road building elevation to achieve a compatible
scale with nearby single-family residences.
Both staff and the Planning Commission subcommittee believe the redesigned building serves to
adequately address the area residents concerns regarding building height, mass and scale. Staff
aiso believes the redesigned facility continues to be consistent with all applicable Mixed-Use
Overlay Zone Site Planning and Design Guidelines as specified in the Harveston Specific Plan.
Retail Proiect Component
The Planning Commission expressed concern at the previous hearing regarding the lack of retail
uses being established within the Harveston Village. The Commission further requested that the
applicant consider establishing a retail component within the congregate care facility. The
Document2
4
applicant has indicated that retail uses have not been a part of any of their existing congregate
care faciiities nationwide and that their business operations do not include retail sales. Given the
type and location of existing uses within the village and the location of remaining undeveloped
sites, staff believes the viability and opportunity for retail uses is now limited to the property
located at the northwest corner of Village Road and Landings Road. This location has the
potential to be developed as a small neighborhood center comprising approximately 10,000
square feet of retail space. Staff is concerned that there would be limited pedestrian connectivity
between that site and the congregate care site. Therefore, a retail component to the congregate
care faciiity is not recommended.
Landscapinq
Staff has determined that the redesigned conceptual landscape plan, as conditioned, conforms
to the landscape requirements of the Harveston Specific Plan, Development Code and Design
Guidelines with regard to plant quantities, sizes and spacing.
Access/Circulation
The Public Works Department has analyzed the redesigned parking facilities and access points
and has determined that the design is consistent with the Harveston Specific Plan. The Fire
Department has also reviewed the project and has requested that the site/building design be
modified to create a 24-foot wide paved corridor between Village Road and the interior courtyard
to allow for ladder truck access (see condition of approval number 53). The project architect is
currently redesigning the corridor at the Fire Department's request and revised plans will be
presented to the Commission for consideration.
Public Correspondence
Subsequent to the previous Planning Commission hearing, staff has received correspondence
from three separate area property owners which have been attached to the staff report for the
Commissions review.
ENVIRONMENTAL DETERMINATION
[8J 1. The proposed project has been determined to be consistent with the previously
approved Harveston EIR and is exempt from further Environmental Review (CEQA
Section 15162 subsequent EIR's and Negative Declarations).
CONCLUSION/RECOMMENDATION
Staff has determined that the 106,882 square-foot senior congregate care facility, as conditioned, is
consistent with the Harveston Specific Pian, City-Wide Design Guidelines and Development Code.
Therefore, staff recommends approval of the Development Plan with the attached conditions of
approval.
Document2
5
FINDINGS
Development Plan (Code Section 17.05.010F)
1. The proposed use is in conformance with the General Plan, Specific Plan, and with all
applicable requirements of state law and other City ordinances.
The plan to develop a three-story 115-unit senior congregate care facility totaling 106,882
square feet is consistent with the Low Medium Density Residential (LM) and Mixed-Use
Overlay policies of the Harveston Specific Plan, City-Wide Design Guidelines and
development regulations. Moreover, the proposed plan, as conditioned, incorporates
architectural and landscape designs, which will achieve the City's General Plan Community
Design Goal #3, "Preservation and enhancement of the positive qualities of individual
districts or neighborhoods".
The senior congregate care facility complies with all applicable development standards of
the Harveston Specific Plan as well as off-street parking and landscaping requirements.
2. The overall development of the land is designed for the protection of the public health.
safety, and general welfare.
The project has been conditioned to conform to the Uniform Building Code, and City staff
prior to occupancy will inspect all construction. The Fire Department staff has also found
that the site design will provide adequate emergency access in the case of a need for
emergency response to the site.
ATTACHMENTS
1. Project Review Worksheet - Blue Page 7
2. Plan Reductions - Blue Page 8
3. PC Resolution No. 2005 _ - Slue Page 9
Exhibit A - Draft Conditions of Approval
4. Public Correspondence - Blue Page 10
5. January 19, 2005 PC Staff Report - Blue Page 11
Document2
6
ATTACHMENT NO.1
PROJECT REVIEW WORKSHEET
Documentl
7
PROJECT REVIEW WORKSHEET
Development Plan
Commercial
B. How is each building "stylistically" consistent with all buildings in a
complex, and on all elevations to achieve design harmony and continuity
within. itself? E...t.h_ '* B-..... Cl~-../"'\-\;)f'\:' ef -\-l-,... \;>~;1d;"'5 v~\il.e iht. ~""'.....
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o
C. How does the placement of buildings create a more functional or usefu.1 " \., S _,
q(Jen space between the buildings and/or the street? ~n ...u.rd",,,,,-<.. ...\~ \- .,1:... j><-<'l h<.-
f\o.,... t')..,.e "'r~\w,,,-r;.,^ *>r>-.<..\oJ(ic;l.,,, o.b..n \-'h~""'\h~le,.,.'r >\d:'-W:"\lt..- The. .
, . - , > 1\1 b~Htrt.
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D. How do each of the architectural elements (building base, windows, ~e,>,> 'Th T\-.<L C....Il1.."
doors and openings, cornice and parapet, roofline, and finish materials ~~f::n~qQ,> 7
meet the intent of the design guidelines? . " "'" '1:><<>0, ~":~...1
I+~'~<; /'0..) "-\~'r:. "i '~<L 'Y.:>\l'\c).\~~ o.~ l .....<;:os.'\al<L \J'I, \-'ho'\-~tY' ~
.... :.> o.~
C,."..,..,..,;..'t ",,", 0'<' 0.."''' 'cN\'\J,^~ ~","v..\-: ev-.~,
Landscapinq:
A. Does the plan provide the following ratio of plantings?
~Yes 0 No, why?
Trees
10% 36" Box
30% 24" BOJ:<
60% 15 Gallon
Groundcover
100% Coverage
In One Year
Shrubs
100% 5 Gallon
"
B. Does the landscaped area, ratio, spacing, and size conform with the
design guidelines? '~''yes 0 No
C. How does the internal site landscaping frame the building(s) and
separate them from the surroun:njl pavements? .
L "'~Q'>"" ,I..... b~ ~J; . '" Y\"''''ttO \:'''-':'',,, v"'f1\f'o~i<\"'>-'7~~"'" t""-
D. How does the patio and street' furniture, fix1ures, walls and fences integrate
with of the architecture and landscaping? ..' ~ 'tM"\d' ~ '.1.. fr.....")~
0e....v"c,.e.. C\.~c-~U\c..;"'i l')'\oA~.....;.,.\... >'.<'"' l."""',?,-,\-\b\<::... W,\,- "".......,.., '^ ,-.~
&:"tJo 1"""-1"-1'+",... ,- ...~. r~"d"oy'" ~ r"""\f~.'r-~~"'~)+\. 'Q.l;'r\;~ """"'\\c:<..\.-"y,,-,"'
h"lM-~i)(~,,> )"':~yk.;~"l.llto.Y~ (oY\>)~tt"~""lt\'~')<.w~.s vld- In ot\"'~V<l.Y'e.(.\,.s.
7. Development Code Consistency: ~S- 'r-he.. 'f'lh.')e.. '
A. How does the plan achieve the performance standards specified in Code
Section 17.08.070?
R:\FORMS\ST AFF REPORTSIPROJECT REVIEW WORKSHEET,commercial.dot
J
PROJECT REVIEW WORKSHEET
Development Plan
Commercial
Circulation: _ \ L r - ,,' a.-.('''''''y-*''..t'r>y-....\-\.,ev''~'' "",)\", e 0....
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Architectural Desiqn: " L \ I" ".l." . .
\~... 't>v\\di,,'j cl.... ">i ">,, o..c.l-."''V<'';> t-\"<; yJ.<.s"';",,, 0 "'<'>; ,e.<,J. "'6, 5" 'lv, "-\,~"'''~ ''''
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WI\->- ~.. ..\,...;; >'\Oo.h~'" ",If:- \-he. ~. ...\+<-~\ooY' k> .I">&."'L" rl-... rv-o-~,>,,~ ~..h~\\di"'l ..."el
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v I .....~ ,'/'0,." n<'o..r\;>)I.y-"S -c.l."'J'><.-<:?
B. Does tne application ano suommea Ilrans on file conform with all of the '
applicable minimum development standards?
:g
Yes, with conditions
No
Net Lot Area:
Total Floor Area:
Floor Area Ratio:
Lot Coverage:
'2.. \2.. P,r-re.~
l,,~ 'f,'Oz. 'il,;+'
Nld ~
N/~
> ~lV1illimumRequired~
,'}Ii:',- "'~A;'::::"Y;':'.~.,.,
Front
Side
Side
Rear
Parkin
I' Environmental Issues < (Circle all thai apply)"
Hillside/Slope
Arch.!Paleo
Fault Zone
Flood
Noise
,-,..,'
"
, ,
-"'r. '-';
,
"
Traffic
Habitat
Subs.!Liqfctn
Stream/Creek
Air Quality
North
East
West
South
R:\FORMS\ST AFF REPORTS\PROJECT REVIEW WORKSHEET.commercial.dot
4
ATTACHMENT NO.3
PC RESOLUTION NO. 2005-_
Document2
9
PC RESOLUTION NO. 2005-_
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA04-0393 A DEVELOPMENT PLAN TO CONSTRUCT,
ESTABLISH AND OPERATE A THREE-STORY, 115-UNIT
SENIOR CONGREGATE CARE FACILITY WITH THREE
RETAIL SPACES ON 2.1 ACRES LOCATED AT THE
SOUTHEAST CORNER OF VILLAGE ROAD AND TOWNSHIP
ROAD WITHIN THE HARVESTON SPECIFIC PLAN AREA
ALSO KNOWN AS APN 916-170-027.
WHEREAS, Curry Brandaw Architects filed Planning Application No. PA04-0S9S (the
"Application") in a manner in accord with the City of Temecula General Plan, Harveston Specific
Plan and Development Code;
WHEREAS, the Application was processed including, but not limited to public notice, in
the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission, at regular meetings, considered the Application
on January 1 g, 2005, March 2 ,2005 and April 20, 2005 respectively, 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, 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. That the above recitations are true and correct and are hereby
incorporated by reference.
Section 2. Development Plan Findinqs. That the Planning Commission, in approving
the Application, hereby makes the following findings as required in Section 17.05.010 of the
Temecula Municipal Code.
A. The proposed use is in conformance with the General Plan for Temecula and
with all applicable requirements of State law and other ordinances of the City.
)
The plan to develop a threenstory 115-unit senior congregate care facility with three
retail spaces totaling 106,882 square feet is consistent with the Low Medium Density
Residential (LM) and Mixed-Use Overlay policies of the Harveston Specific Plan, City-
Wide Design Guidelines and development regulations. Moreover, the proposed plan, as
conditioned, incorporates architectural and landscape designs, which will achieve the
City's General Plan Community Design Goal #3, "Preservation and enhancement of the
positive qualities of individual districts or neighborhoods".
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The senior congregate care facility complies with all applicable development standards
of the Harveston Specific Plan as well as off-street parking and landscaping
requirements.
B. The overall development of the land is designed for the protection of the public
health, safety and general welfare.
The project has been conditioned to conform to the Uniform Building Code, and City staff
prior to occupancy will inspect all construction. The Fire Department staff has also found
that the site design will provide adequate emergency access in the case of a need for
emergency response to the site.
Section 3. Environmental Compliance. The proposed project has been determined
to be consistent with the previously approved Harveston Specific Plan EIR and is exempt from
further Environmental Review (CEQA Section 15162 subsequent EIR's and Negative
Declarations).
Section 4. Conditions. The Planning Commission of the City of Temecula approves
the application (PA04-0S9S) a Development Plan for a 115-unit senior congregate care facility
with three retail spaces in a portion of Planning Area 4 of the Harveston Specific Plan 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 of Temecula
Planning Commission this 20th day of April 2005.
David Mathewson, Chairman
ATTEST:
Debbie Ubnoske, Secretary
. [SEAL]
)
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The senior congregate care facility complies with all applicable development standards
of the Harveston Specific Plan as well as off-street parking and landscaping
requirements.
B. The overall development of the land is designed for the protection of the public
health, safety and general welfare.
The project has been conditioned to conform to the Uniform Building Code, and City staff
prior to occupancy will inspect all construction. The Fire Department staff has also found
that the site design will provide adequate emergency access in the case of a need for
emergency response to the site.
Section 3. Environmental Compliance. The proposed project has been determined
to be consistent with the previously approved Harveston Specific Plan EIR and is exempt from
further Environmental Review (CEOA Section 15162 subsequent EIR's and Negative
Declarations).
Section 4. Conditions. The Planning Commission of the City of Temecula approves
the application (PA04-0393) a Development Plan for a 115-unit senior congregate care facility
with three retail spaces in a portion of Planning Area 4 of the Harveston Specific Plan 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 of Temecula
Planning Commission this 20th day of April 2005.
David Mathewson, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
) I
._,-- I
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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. 2005-_ was duly and regularly adopted by the Planning Commission
of the City of Temecula at a regular meeting thereof held on the 20th day of April 2005, by the
following vote:
AYES:
PLANNING COMMISSIONERS:
NOES:
ABSENT:
ABSTAIN:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
)
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- --- ...
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA04-0393
Project Description:
A Development Plan to construct, establish and operate
a three-story 115-unit senior congregate care facility
totaling 106,882 square-feet within the Harveston
Specific Plan area.
DIF Category:
Per Development Agreement
MSHCP Category:
TUMF Fee:
Per Development Agreement
Per Development Agreement
Assessor's Parcel No.:
916-170-027
Expiration Date:
April 20, 2005
April 20, 2007
Approval Date:
PLANNING DIVISION
Within Forty-Eight (48) Hours of the Approval of this Project
1. The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of 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 applicant/developer
has not delivered to the Planning Department the check as required above, the approval for
the project granted shall be void by reason of failure of condition (Fish and Game Code
Section 711.4(c)).
General Requirements
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.
I
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3. All development fees shall be paid in conformance with the development agreement that
regulates this development project.
4. All conditions shall be complied with prior to any occupancy or use allowed by this
Development Plan.
5. The permittee shall obtain City approval for any modifications or revisions to the approval of
this development plan.
6. This approval shall be used within two (2) years of the approval date; otherwise, it shall
become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the two (2) year period, which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval.
7. The development of the premises shall substantially conform to the approved Exhibits - Site
Plan, Grading Plan, Building Elevations, Floor Plans, Landscape Plan, and the Color and
Material Board contained on file with the Planning Department.
8. The. applicant shall comply with standards, conditions and requirements set forth in the
Harveston Specific Plan and the Development Agreement for the Harveston Specific Plan.
g. The applicant shall comply with the attached Mitigation Monitoring Program associated with
the Harveston Specific Plan Environmental Impact Report.
10. A separate building permit and Planning Department approval shall be required for all
proposed signage onsite.
11. All signage shall conform with the adopted Harveston Village Sign Program.
12. Landscaping installed for the project shall be continuously maintained to the reasonable
satisfaction of the Planning Director. If it is determined that the landscaping is not being
maintained, the Planning Director shall have the authority to require the property owner to
bring the landscaping into conformance with the approved landscape plan. The continued
maintenance of all landscaped areas shall be the responsibility of the developer or any
successors in interest.
13. The colors and materials for the project shall substantially conform to those noted directly
below and with the Color and Material Board, contained on file with the Planning
Department.
a. Roofing: Prestique Composition Shingle, Color - Weatheredwood
b. Roofing: Una-Clad Metal Standing Seam, Color - Med. Bronze
c. Decorative Shutters: Mid-America Building Products, Vinyl, Color - Bright White #
117
Building Body Colors
d. ICI, Classic Liberty Red # 159
e. ICI, Brittany Inn # 1394
f. ICI, Indian Corn # 557
g. ICI, Shenandoah Valley # 1044
h. ICI, Dusty Trail #425
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14. 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.
15. The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10"
glossy photographic color prints of the approved Color and Materials Board and of the
colored version of approved colored architectural elevations to the Community Development
Department - Planning Division for their files. All labels on the Color and Materials Board
and Elevations shall be readable on the photographic prints.
Prior to Issuance of Grading Permits
16. A copy of the Grading Plan shall be submitted and approved by the Planning Department.
Prior to Issuance of Building Permit
17. Three (3) copies of Construction Landscaping and Irrigation Plans shall be reviewed and
approved by the Planning Department. These plans shall conform substantially with the
approved Conceptual Landscape Plan, or as amended by these conditions. The location,
number, genus, species, and container size of the plants shall be shown. The plans shall be
consistent with the Water Efficient Ordinance. The following items shall accompany the
plans:
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. Total cost estimate of plantings and irrigation (in accordance with the approved
plan).
18. All utilities shall be screened frorn public view. Landscape construction drawings shall show
and label all utilities and provide appropriate screening. Provide a 3' clear zone around fire
check detectors as required by the Fire Department before starting the screen.. Group
utilities together in order to reduce intrusion. Screening of utilities is not to look like an after-
thought. Plan planting beds and design around utilities. Locate all light poles on plans and
insure that there are no conflicts with trees.
1 g. All parking areas shall be screened from the street with shrub plantings, earth berms or walls
that can be maintained at a minimum height of 3 feet.
20. Trash enclosures shall be screened. Shrubs and wall vines shall be provided on 3 sides of
enclosures as required to provide screening.
21. Mature plantings shall not interfere with utilities and traffic sight lines. All traffic sight lines
shall be shown on the landscape plans.
22.
A landscape maintenance program shall be submitted for approval with the landscape
construction plans, which details the proper maintenance of all proposed plant materials to
assure proper growth and landscape development for the long-term esthetics of the
property. The approved maintenance program shall be provided to the landscape
maintenance contractor who shall be responsible to carryout the detailed program.
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23. Construction drawings shall be modified to show a minimum of three, 4'x7' motorcycle
parking spaces within the off-street parking area.
24. The property owner shall submit a parking lot lighting plan for review and approval which
meets the requirements of the Harveston Specific Plan, Development Code and Palomar
Lighting Ordinance. The plan shall include a photometric analysis of the onsite parking area.
Parking lot light standards, with a maximum height of 20-feet, shall be placed in such a way
as to not adversely impact the growth potential of parking lot trees.
Prior to Building Occupancy
25. The property owner shall fully install all required landscaping and irrigation onsite as shown
on the approved landscape plan and submit a landscape maintenance bond in a form and
amount approved by the Planning Department for a period of one-year from the date of
issuance of the first occupancy permit within the development phase.
DEPARTMENT OF PUBLIC WORKS
Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any
Government Agency. It is understood that the Developer correctly shows on the site plan all existing
and proposed property lines, easements, traveled ways, improvement constraints and drainage
courses, and their omission may require the project to be resubmitted for further review and revision.
General Requirements
26. A Grading Permit for either rough and/or precise grading, including all on-site flat work and
improvements, shall be obtained from the Department of Public Works prior to
commencement of any construction outside of the City-maintained street right-of-way.
27. 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.
28. All 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.
29. The Applicant shall comply with all underlying Conditions of Approval for Harveston Specific
Plan No. 13 (PA99-0418) as approved on August 14, 2001.
30. The Applicant shall comply with all underlying Conditions of Approval for Tentative Tract
Map No. 29639(PAOO-0295) as approved on August 14, 2001.
Prior to Issuance of a Grading Permit
31. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and
approved by the Department of Public Works. The grading plan shall include all necessary
erosion control measures needed to adequately protect adjacent public and private property.
32.
The Developer shall post security and enter into an agreement guaranteeing the grading and
erosion control improvements in conformance with applicable City Standards and subjectto
approval by the Department of Public Works.
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33. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the
Director of the Department of Public Works with the initial grading plan check. The report
shall address all soils conditions of the site, and provide recommendations for the
construction of engineered structures and pavement sections.
34. 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 Projects will include a combination of structural and non-structural
on site source and treatment control 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 proponent shall also provide proof of a mechanism to ensure
ongoing long-term maintenance of all structural post-construction BMPs.
35. As deemed necessary by the Director of the Department of Public Works, the Developer
shall receive written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Riverside County Flood Control and Water Conservation District
c. Planning Department
d. Department of Public Works
36. The Developer shall comply with all constraints which may be shown upon an Environmental
Constraint Sheet (ECS) recorded with any underlying maps related to the subject property.
37. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the
Riverside County Flood Control and Water Conservation District by either cashier's check or
money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If
the full Area Drainage Plan fee or mitigation charge has already been credited to this
property, no new charge needs to be paid.
Prior to Issuance of a Building Permit
38. Precise grading plans shall conform to applicable City of Temecula Standards subject to
approval by the Director of the Department of Public Works. The following design criteria
shall be observed:
b.
Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C.
paving.
Driveways shall conform to the applicable City of Temecula Standard No. 207A.
Concrete sidewalks and ramps shall be constructed along public street frontages in
accordance with City of Temecula Standard Nos. 400, 401 and 402.
All street and driveway centerline intersections shall be at 90 degrees.
Landscaping shall be limited in the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility.
a.
c.
)
d.
e.
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A
39. A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic
Engineer and reviewed by the Director of the Department of Public Works for any street
closure and detour or other disruption to traffic circulation as required by the Department of
Public Works.
40. The building pad shall be certified to have been substantially constructed in accordance with
the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer
shall issue a Final Soil Report addressing compaction and site conditions.
41. The Developer shall obtain an easement for ingress and egress over the adjacent property.
42. The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with the Development Agreement between the City and
Developer dated August 28, 2001.
Prior to Issuance of a Certificate of Occupancy
43. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. . Rancho California Water District
b. Eastern Municipal Water District
c. Department of Public Works
44. Corner property line cut off shall be required per Riverside County Standard No. 805.
45. All public improvements shall be constructed and completed per the approved plans and
City standards to the satisfaction of the Director of the Department of Public Works.
46. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall
be repaired or removed and replaced to the satisfaction of the Director of the Department of
Public Works.
FIRE DEPARTMENT
47. 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.
48. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The
developer shall provide for this project, a water system capable of delivering 3000 GPM at
20 PSI residual operating pressure, plus an assumed sprinkler demand of 850 GPM for a
total fire flow of 3850 GPM with a 4 hour duration. The required fire flow may be adjusted
during the approval process to reflect changes in design, construction type, or automatic fire
. protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given
above has taken into account all information as provided. (CFC 903.2, Appendix III-A)
49.
The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III-B, Table A-III-B-1. A minimum of 5 hydrants, in a combination of on-site and
off-site (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and
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adjacent public streets. Hydrants shall be spaced at 21 0 feet apart, at each intersection and
shall be located no more than 380 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)
50. As required by the California Fire Code, when any portion of the facility is in excess of 150
feet from a water supply on a public street, as measured by an approved route around the
exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire
flow shall be provided. For this project on site fire hydrants are required. (CFC 903.2)
51. 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)
52. Prior to building construction, all locations where structures are to be buill 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)
53.
Prior to building final, all locations where structures are to be buill 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.
This shall include the parking lot on top of the parking structure. (CFC see 902)
54. Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13)
feet six (6) inches. This shall include the entry canopy in front of the main entrance.
(CFC 902.2.2.1)
.
55. Prior to building construction, this development shall have two (2) points of access, via all-
weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1)
56. 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)
57. 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)
58.
Prior to issuance of a Certificate of Occupancy or building final, approved numbers or
addresses shall be provided on all new and existing buildings in such a position as to be
plainly visible and legible from the street or road fronting the property. Numbers shall be of a
contrasting color to their background. Commercial, multi-family residential and industrial
buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum
of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or
numbers on both the front and rear doors. Single family residences and multi-family
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residential units shall have four (4) inch letters and lor numbers, as approved by the Fire
Prevention Bureau. (CFC 901.4.4)
59. Prior to issuance of a Certificate of Occupancy or building final, a directory display
monument sign shall be required for apartment, condominium, townhouse or mobile home
parks. Each complex shall have an illuminated diagrammatic layout of the complex which
indicates the name of the complex, all streets, building identification, unit numbers, and fire
hydrant locations within the complex. Location of the sign and design specifications shall be
submitted to and be approved by the Fire Prevention Bureau prior to installation.
60. Prior to issuance of Certificate of Occupancy or building final, based on square footage and
type of construction, occupancy or use, the developer shall install a fire sprinkler system.
Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to
installation. (CFC Article 10, CBC Chapter g)
61. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for
monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm
system monitored by an approved Underwriters Laboratory listed central station. Plans shall
be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10)
62. Based on the general safety of users and firefighters, the underground parking structure will
be provided with an approved automatic fire sprinkler system with plans shall be submitted
to the Fire Prevention Bureau for approval prior to installation.
63. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box' shall be
provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located
to the right side of the fire sprinkler riser door. (CFC 902.4)
64. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire
Department for approval, a site plan designating Fire Lanes with appropriate lane painting
and or signs.
Special Conditions
65. Prior to issuance of a Certificate of Occupancy or building final a simple plot plan and a
simple floor plan, each as an electronic file of the .DWG format must be submitted to the
Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention
for approval.
66. The applicant shall comply with the requirements of the Fire Code permit process and
update any changes in the items and quantities approved as part of their Fire Code permit.
These changes shall be submitted to the Fire Prevention Bureau for review and approval per
the Fire Code and is subject to inspection. (CFC 105)
67. The fire lanes including the special access fire lane into the courtyard shall be
maintained in perpetuity.
COMMUNITY SERVICES
General Conditions
68.
The trash enclosures shall be large enough to accommodate a recycling bin, as well as,
regular solid waste containers.
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69. The developer shall contact the City's franchised solid waste hauler for disposal of
construction debris. Only the City's franchisee may haul construction debris.
70. All parkways including areas within the ROW, courtyard area, fencing and on site lighting
shall be maintained by the property owner or maintenance management organization.
Prior to Issuance of Building Permit
71. The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction debris.
BUILDING DEPARTMENT
72. All design components shall comply with applicable provisions of the 2001 edition of the
California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code;
California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access
Regulations, and the Temecula Municipal Code.
73. The City of T emecula has adopted an ordinance to collect fees for a Riverside County area
wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on
March 31, 2003, this project will be subject to payment of these fees at the time of building
permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee
schedule in effect at the time of building permit issuance.
74. Submit at time of plan review, a complete exterior site lighting plans showing compliance
with Ordinance No. 655 for the regulation of light pollution. All street-lights and other outdoor
lighting shall be shown on electrical plans submitted to the Department of Building and
Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon
adjoining property or public rights-of-way.
75. A receipt or clearance letter from the Temecula Valley School District shall be submitted to
the Building & Safety Department to ensure the payment or exemption from School
Mitigation Fees.
76. Obtain all building plans and permit approvals prior to commencement of any construction
work.
77. Obtain street addressing for all proposed buildings prior to submittal for plan review.
78. All building and facilities must comply with applicable disabled access regulations. Provide
all details on plans. (California Disabled Access Regulations effective April 1, 1998)
79. Provide disabled access from the public way to the main entrance of the building.
80. Provide van accessible parking located as close as possible to the main entry.
81. A sound transmission control study shall be prepared and submitted at time of plan review in
accordance with the provisions of Appendix Chapter 12, Section 1208A, of the 2001 edition
of the California Building Code.
)
82.
Provide house electrical meter provisions for power for the operation of exterior lighting, fire
alarm systems.
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83. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001
edition of the California Building Code Appendix 29.
84. Provide appropriate stamp of a registered professional with original signature on plans prior
to permit issuance.
85. Provide electrical plan including load calculations and panel schedule, plumbing schematic
and mechanical plan for plan review.
86. Truss calculations that are stamped by the engineer of record and the truss manufacturer
engineer are required for plan review submittal.
87.. Provide precise grading plan at plan check submittal to check accessibility for persons with
. disabilities.
88. A pre-construction meeting is required with the building inspector prior to the start of the
building construction.
89. Trash enclosures, patio covers, light standards, and any block walls if not on the approved
building plans, will require separate approvals and permits.
go. Show all building setbacks.
91 . Signage shall be posted conspicuously at the entrance to the project that indicates the hours
of construction, shown below, as allowed by the City of Temecula Ordinance No. 94-21,
specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-
quarter mile of an occupied residence.
Monday-Friday 6:30 a.m. - 6:30 p.m.
Saturday 7:00 a.m. - 6:30 p.m.
No work is permitted on Sundays or Govemment Holidays
OUTSIDE AGENCIES
92. The applicant shall comply with the recommendations set forth in the attached
correspondence from the Riverside County Department of Environmental Health dated June.
15,2004.
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.
Date
Applicant's Signature
Applicant's Printed Name
.).
R:\D P\2004\Q4-0393 Harveslon Retirement Residence\3rd Draft Conditions of ApprovaLdoc
on
D COU1' 1 Y OF RIVERSIDE . HEALl.. JcRVICES AGENCY D
DEPARTMENT Of ENVIRONMENTAL HEALTH
r: -
._j
June 15.2004
1'-
i: ': JUhJ j " 2004
1\' , "
\~~ -
City of Temecula Planning Department
P.O. Box 9033
Temecula, CA 92589-9033
Attention: Matt Harris
RE: Plot Plan No. P A04-0393
Dear Mr. Harris:
Department of Environmental Health has reviewed the Plot Plan No. PA04-0393 to construct a
106,882 sq. ft, 120 suite retirement residence and has no objections. Water and sewer services
should be available in this area.
1. PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING SHOULD
BE REQUIRED:
a) "Will-serve" letters from the appropriate water and sewering districts.
Sincerely,
)
",J'
c~1 EnfoH:ement Agency. P.O. Box 1280, Riverside, CA 92502-1280 . (909) 955-8982 . FAX (909) 781-9653 . 4080 Lemon Street, 9th Floor, Riverside, CA 92501
ld Use and Water Engineering. P.O. Box 1206, Riverside, CA 92502-1206 . (909) 955.8980 . FAX (909) 955-8903 . 4080 Lemon Street, 2nd Roar, Riverside, CA 92501
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ATTACHMENT NO.5
DRAFT PLANNING COMMISSION MINUTES (MARCH 2, 2005)
R:\D P\2004\04-0393 Harveston Retirement Residence\City Council Reports\CC Staff Report.doc
10
MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
PLANNING COMMISSION
MARCH 2, 2005
CALL TO ORDER
The City of Temecula Planning Commission convened in a regular meeting at
6:00 P.M., on Wednesday, March 2, 2005, in the City Council Chambers of
Temecula City Hall, 43200 Business Park Drive, Temecula, California.
ALLEGIANCE
Commissioner Chiniaeff led the audience in the Flag salute.
ROLL CALL
Present:
Commissioners Chiniaeff, Guerriero, Olhasso, Telesio, and
Chairman Mathewson.
Absent:
None.
PUBLIC COMMENTS
None.
CONSENT CALENDAR
1 Aqenda
RECOMMENDATION:
1.1 Approve the Agenda of March 2, 2005.
Director of Planning Ubnoske requested that Item No. 7 be addressed prior to
Item No.6.
MOTION: Commissioner Olhasso moved to approve the Consent Calendar and
to amend the Agenda to address Item NO.7 prior to Item No.6. Commissioner
Chiniaeff seconded the motion and voice vote reflected unanimous approval.
)
"
RIMinutesPCI030205
COMMISSION BUSINESS
Continued from January 19,2005
2 Planninq Application No. PA04-0393, a Development Plan. submitted bv
Curry Brandaw Architects, to construct. establish, and operate a three-story
senior conqreqate care facilitv consistinq of 115 units on 2.1 acres and an
exception to the development standards to reduce the onsite parkinq
requirements by 13 spaces. located on the southeast corner of Villaqe Road
and Township Road within the Harveston Specific Plan
Associate Planner Harris provided a staff report, noting the following:
.
That since the writing of the staff report, the project architect had met with
the Fire Chief and, as a result, the breezeway and walkway from Village
Road to the interior courtyard of the site were redesigned to be 24' wide
in order to accommodate a ladder truck
.
That after hearing public testimony and staff's recommendation at the
January 19, 2005, Planning Commission meeting, the Commission
requested that the building be reduced in height and that additional onsite
parking be required; and that consideration be given to incorporating retail
uses into the proposed facility
.
That a Commission Subcommittee meeting was held on February 3,
2005, consisting of Commissioners Guerriero, Telesio, and the applicant
That on February 11 th and 17th. staff, the project architect, and three area
residents had met; and that additional building offsets and single-story
elements were incorporated into the Township Road building elevation to
ensure more compatible with nearby single-family residences
.
.
That both the Commission Subcommittee and staff are of the opinion that
the redesigned building will adequately address the area residents'
concerns regarding building height, mass, and scale; that the redesigned
facility will be consistent with all applicable Mixed-use Overlay Zone Site
Planning and Design Guidelines as specified in the Harveston Specific
Plan
.
That the applicant has provided a two-level parking garage whereby the
bottom level will be subterranean and the top level will be at grade which
will permit the applicant to maintain its 115 units while deleting the whole
top story
. That given the type and location of the existing uses within the Village
and location of the remaining underdeveloped sites, staff would be of the
opinion that the viability and opportunity for retail will be limited to the
property located at the northwest corner of the Village and Landings
Road; that this location has the potential to be developed as a small
neighborhood center, comprising of approximately 10,000 square feet of
retail space; that staff would be concerned with limited pedestrian
)
R:\MinutesPCI030205
2
connectivity between that site and the congregate care site; therefore, a
retail component to the congregate care facility would not be
recommended.
Although the applicant will not be meeting the parking requirements, Associate
Planner Harris noted that the applicant will meet the intent of the requirements.
At this time, the pubic hearing was opened.
By way of overheads, Ms. Mary Rauschenburg, representing Lennar, described
the location of the senior congregate care facility, offering the following
comments:
. That the proposed project will be consistent with the Specific Plan
requirements
. That the Welcome Home Center will be open for another year; and that
the opportunity to bid retail would not be available for another year
. That at this time, there would not be enough homes to keep a viable use
for retail; but that the intent would still be to provide retail
. That the community will be consistent with the Master Plan as originally
proposed.
In response to Commissioner Olhasso's query, Ms. Rauschenburg relayed that
the applicant is not a developer of retail.
Mr. Garth Brandau, representing Carrey Brandau Architects, noted that the
applicant has made numerous changes to the proposed project in order to
address the Commission's and residents'
concerns.
The following individuals spoke in opposition to the proposed senior care facility
for the below- mentioned reasons:
. Mr. Jason Eltmke Mr. Mike Bender
. Mr. Roger Logan Ms. Jacqueline Moon
. Mr. Spencer Simm Ms. Shelly Moon
. Mr. Larry Bales Ms. Carol Bates
. Mr. Anthony Reiter Ms. Christina Grade
. Mr. Jeffrey DaHansey
.
That the proposed facility will generate too much traffic
That the potential emergency services for the proposed project will create
a nuisance to the Harveston Community
That the proposed project will not be compatible with the character of the
community
That the location of the proposed project is inappropriate
That the value of the homes in the community will depreciate because of
the proposed project
.
.
.
)
.
R:IMinutesPCI030205
3
. That 90% of the Harveston Community opposes the proposed senior care
facility; and that 70% of the residents would prefer retail in the proposed
building, along Main Street.
Ms. Malinda Smith spoke in favor the proposed project.
Mr. Brandau stated that the applicant has made efforts to appropriately scale
down and balance articulation along Village Road.
Viewing the proposed architecture not compatible with the Harveston
Community, Commissioner Chiniaeff queried whether the applicant would be
willing do readdress redesign work on architecture, coloring, materials, and style
of the proposed building.
In response to Commissioner Chiniaeff, Mr. Brandau stated that he would be
willing to address the concerns of the Commission.
At this time, the public hearing was closed.
Commissioner Telesio noted that, in his opinion, parking will not be an issue.
Commissioner Guerriero echoed by Commissioner Olhasso, expressed concern
with Lennar Homes not providing retail as promised in the Master Plan.
Commissioner Chiniaeff stated that although he appreciates the applicant's
efforts, he is of the opinion that there are too many units on the proposed site;
and that the architecture needs to be more compatible with the surrounding area.
Chairman Mathewson also stated that although he appreciates the efforts of the
applicant, he is of the opinion that it is important that retail be implemented and
developed and would request that the proposed senior care facility be scaled
down to reduce massing.
At this time, the public hearing was reopened.
Mr. Brandau noted that he would be willing to address the concerns of
architecture, elevation and massing, and retail components.
At this time, the public hearing was closed.
MOTION: Commissioner Chiniaeff moved to continue the item to the
Commission meeting of April 20, 2005, in order to give the applicant time to
address the Commission's concerns of massing and elevation, architecture, retail
component, and recommended that the Subcommittee continue to work with the
applicant. Commissioner Olhasso seconded the motion and voice vote reflected
unanimous approval.
At this time, a short recess was called.
J
R:\MinulesPC\030205
4
ATTACHMENT NO.6
PLANNING COMMISSION STAFF REPORT (JANUARY 19, 2005)
R:\D P\2004\04-0393 HalV€ston Retirement Residence\Clty Council Reports\CC Staff Report.doc
11 .
,
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
Date of Meeting: January 1 g, 2005
Prepared by: Matthew Harris
Title: Associate Planner
File Number PA04-0393
Application Type: Development Plan
Recommendation:
(Check One)
A Development Plan to construct, establish and operate a four-story
senior congregate care facility consisting of 115 units on a 2.12 acre
site and a request for an exception to the development standards to
reduce the onsite parking requirement by 13 spaces. The subject
property is located at the southeast corner of Village Road and
Township Road in the Harveston Specific Plan area.
[8] Approve with Conditions
Project Description:
o Deny
o Continue for Redesign
o Continue to:
o Recommend Approval with Conditions
o Recommend Denial
CEQA:
(Check One)
o Categorically Exempt
(Class)
[8] Notice of Determination
Exempt from Further Review
(Section)
15162
o Negative Declaration
o Mitigated Negative Declaration with Monitoring Plan
DEIR
R:\D P\2004\04~0393 Harveston Retirement Residence\ST AFF REPORTdot
1
PROJECT DESCRIPTION
Site Plan
The main entrance into the facility will be located on the east side of the property. Residents and
guests will access the main entrance from the parking area. The onsite parking lot will be
accessed via two 24-foot wide driveways located off Harveston Drive and Landings Road
respectively. A landscaped courtyard will be constructed on the south side of the facility
providing outdoor passive recreational opportunities for the residents. The courtyard will be
separated from the adjacent street and service area with a security fence/wall and plantings. In
accordance with the Harveston Specific Plan, no driveway access will be provided directly off of
Township Road due to potential conflicts with adjacent elementary school traffic. Moreover, no
driveway access will be provided off of Village Road so as to achieve a continuous pedestrian
oriented building frontage within the Harveston Village.
Architecture
Building architecture will emulate an "Americana" style which is in keeping with the style of
surrounding buildings being constructed within the Harveston Village. The building will
incorporate a variety of setbacks, offsets and pop-outs including covered porches, and patios
along the first-story and balconies on upper stories. A decorative portico will be utilized at the
main building entrance for formality. In addition, varying rooflines and decorative windows will
serve to break-up the mass of the four-story structure and provide visual interest. A decorative
tower element has been provided for aesthetic purposes at the corner of Village Road and
Landings Road. This intersection serves as the main focal point within the Harveston Village and
warrants special attention.
Materials/Colors
A mixture of painted shingle, hardiplank, stone veneer and stucco siding materials will be utilized
along with a composition shingle roof. Five different colors will be used to differentiate between
shingle siding, stucco, trim and accent features. Decorative light fixtures will be placed at parking
lot entrances and architecturally treated carport structures will be utilized along the Township
Road frontage to enhance aesthetics.
Landscapinq
Landscaping has been provided around the entire base of the building to frame the structure and
separate it from surrounding pavements. Screening will also be achieved between the on site
parking areas and street frontages. The main entrance to the facility will be accentuated and
formalized with a variety of specimen trees and flowering shrubs. Numerous trees have been
provided within the exterior courtyard to create shade and summer cooling.
Nine varieties of trees will be utilized on site including 48" box magnolia and sweet gum at the
building entrance and courtyard. Sixteen varieties of shrubs will be planted including Viburnum,
Pittosporum, Boxwood and Nandina.
RID P\2004\04-0393 Harveston Retirement Residence\STAFF REPORT.dot
3
Specific Plan requires that the village be pedestrian oriented in terms of building scale and
design. The Mixed Use Overlay Zone Site Planning Guidelines state:
1. "Buildings shall be adjacent to the street or the adjacent landscape planter area to create
a pedestrian oriented streetscape within the Mixed-Use Village Center."
2. ''The first floor of any multi-floor building should be oriented to the pedestrian."
3. ''The design of the building facades shall be architecturally interesting and in scale with
the pedestrian."
4. "Ground floor elevations shall avoid large blank walls, with windows and doorways
located at frequent intervals."
Staff believes the proposed architectural style of the building will be compatible with the adjacent
buildings within the Harveston Village. Moreover, staff also believes the proposed tower element
at the intersection of Village and Landings Roads will serve to accentuate the village core. The
first floor building elevation along Village Road serves to achieve a pedestrian scaled
streetscape with architectural interest consistent with Specific Plan guidelines. The height of the
building complies with the Specific Plan maximum height requirement.
Landscapinq
Staff has determined that the conceptual landscape plan conforms to the landscape
requirements of the Harveston Specific Plan, Development Code and Design Guidelines with
regard to plant quantities, sizes and spacing.
Access/Circulation
The Public Works Department has analyzed the projected traffic impact of the project and has
determined that the impacts are consistent with the traffic volumes projected for the site by the
previously approved Harveston Specific Plan EIR. The Fire Department has also reviewed the
plan and determined that there is proper access and circulation to provide emergency services
to the site.
ENVIRONMENTAL DETERMINATION
~ 1 . The proposed project has been determined to be consistent with the previously
approved Harveston EIR and is exempt from further Environmental Review (CEQA
Section 15162 subsequent EIR's and Negative Declarations).
CONCLUSION/RECOMMENDATioN
Staff has determined that the 106,882 square-foot senior congregate care facility, as conditioned, is
consistent with the Harveston Specific Plan, City-Wide Design Guidelines and Development Code.
Therefore, staff recommends approval of the Development Plan and associated 13-space parking
reduction with the attached conditions of approval.
R\D P\2004\04-0393 Harveston Retirement Residence\ST AFF REPORT.dot
5
ATTACHMENT NO.2
PLAN REDUCTIONS
R:\D P\2004\04~0393 HarvestoD Retirement Residence\STAFF REPORT.dot
8
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ATTACHMENT NO.7
DRAFT PLANNING COMMISSION MINUTES (JANUARY 19, 2005)
R:\D P\2004\04-0393 Harveston Retirement Residence\City Council Reports\CC Staff Report.doc
12
[
MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
PLANNING COMMISSION
JANUARY 19, 2005
CALL TO ORDER
The City of Temecula Planning Commission convened in a regular meeting at 6:00 P.M., on
Wednesday, January 19, 2005, in the City Council Chambers of Temecula City Hall, 43200
Business Park Drive, Temecula, California.
ALLEGIANCE
Commissioner Chiniaeff led the audience in the Flag salute.
ROLL CALL
Present:
Commissioners Chiniaeff, Guerriero, Mathewson, Olhasso**, and
Chairman Telesio.
Absent: None.
. ) *'Commissioner Olhasso arrived at 6:23 P.M.
PUBLIC COMMENTS
None.
CONSENT CALENDAR
1 Aaenda
RECOMMENDATION:
1.1 Approve the Agenda of January 19, 2005.
It was noted by Chairman Telesio that Item No.4 will be considered after Item No.
9.
2 Minutes
RECOMMENDATION:
2.1 Approve the Minutes of October 6, 2004;
Commissioner Mathewson abstained with regard to this item.
R:IMinutesPCIOl 1 905
2.2 Approve the Minutes of October 20, 2004;
2.3 Approve the Minutes of November 3, 2004;
Commissioner Guerriero abstained with regard to this item.
2.4 Approve the Minutes of November 17, 2004.
3 Director's Hearina Case Update
RECOMMENDATION:
3.1 Approve the Director's Hearing Case Update for December, 2004.
MOTION: Commissioner Chiniaeff moved to approve Consent Calendar Item Nos. 1-3. The
motion was seconded by Commissioner Guerriero and voice vote reflected approval with the
exception of Commissioner Guerriero who abstained with regard to Item 2.3; Commissioner
Mathewson abstained with regard to Item No. 2.1; and Commissioner Olhasso was absent
(arrived at 6:23 P.M.).
COMMISSION BUSINESS
Election of new Chairperson and Vice Chairperson
.
J MOTION: Commissioner Guerriero moved to appoint Commissioner Mathewson as the
Commission Chairman for 2005. The motion was seconded by Chairman Telesio and voice
vote reflected approval with the exception of Commissioner Olhasso who was absent.
MOTION: Commissioner Chiniaeff moved to appoint Commissioner Guerriero as the
Commission Vice Chairman for 2005. The motion was seconded by Chairman Telesio and
voice vote reflected approval with the exception of Commissioner Olhasso who was absent.
Expressing his appreciation to outgoing Chairman Telesio for his leadership, newly appointed
Chairman Mathewson thanked the Commission for being given the opportunity to serve as the
Commission Chairman for 2005.
PUBLIC HEARING ITEMS
Continued from December 15, 2004
4 Plannina Application No. PA04-0550. a Maior Modification to a Development Plan.
submitted bv Brian Price. Breckenridae Group. to allow exterior elevation chanaes and the
conversion of a Coco's Restaurant to a Rubv's Diner. located at 26495 Ynez Road. west of
Ynez Road between Winchester Road and Overland Drive in the Palm Plaza Shoppina
Center. Matt Peters. Associate Planner.
This Item will be considered after Agenda Item No.9; see page 13.
R:IMinutesPCIOl1905
2
Continued from January 5, 2005
5 Plannina Application Nos. PA04-0134 and PA04-136. a Development Plan and Tentative
Tract Map No. 32113. submitted bv Matthew Faaan Consultants. to construct two. multi-
tenant industrial buildinas on 8.5 acres. Buildina A is 73.148 sauare feet and includes 27
industrial condominium units ranaina in size from 2.066 to 4.143 sauare feet and Buildina B
is 55.785 sauare feet and includes 17 industrial condominium units ranaina in size from
2.066 to 4.143 sauare feet. located on the north side of Reminaton Avenue and south side
of Dendv Road. between Diaz Road and Winchester Road. Chervl Kitzerow. Associate
Planner
By way of overheads, Associate Planner Kitzerow reviewed the staff report (as per agenda
material) and added the following condition to the resolution for the Development Plan:
. That the revised and initial study include additional mitigation measure, requiring low
volatile organic compound architectural coatings for the buildings that were added to the
initial study.
In response to Chairman Mathewson, Ms. Kitzerow advised that staff would be of the opinion
that an additional Health Risk Assessment would not be necessary with regard to carcinogenic
affects/diesel exhaust. Providing additional clarification, Assistant City Attorney Curley noted
that this matter will further be addressed in the General Plan which will include an environmental
review and should address the concerns of the Air Quality Management District (AQMD). Mr.
Mathewson questioned whether the new General Plan Element will satisfactorily address this
issue.
)
J
Noting that because a majority of the diesel emissions which penetrate this area are not directly
from this area, Commissioner Chiniaeff concurred with staff's opinion that, at this time, an
additional Health Risk Assessment would not be necessary.
In light of the concern raised, Assistant City Attorney Curley noted that in an effort to be
proactive to AQMD's concerns, the City has preliminarily discussed the City adoption thresholds
or some criteria within its local guidelines and advised that follow up with AQMD will occur in an
effort to further understand its position.
Having worked with Associate Planner Kitzerow, Mr. Matthew Fagan, representing CBC
Remington, relayed concurrence of the conditions of approval and requested the Commission's
support. With regard to the AQMD matter, Mr. Fagan noted that because the'site of discussion
has been graded, nominal construction emissions will result and could be mitigated and that as
far as operational emissions, diesel-type vehicles will not visit this site.
()
At this time, the public hearing was closed.
MOTION: Commissioner Guerriero moved to approve the request with the addition of a
condition, as noted above, along with the adoption of the resolutions for the Tentative Tract Map
and the Development Plan. The motion was seconded by Commissioner Chiniaeff and voice
vote reflected approval with the exception of Commissioner Olhasso who was absent.
R:IMinutesPCI011905
3
.
PC RESOLUTION NO. 2005-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA04-0136 TENTATIVE TRACT MAP NO. 32113 TO
CREATE 44 INDUSTRIAL CONDOMINIUM UNITS IN TWO
BUILDINGS RANGING IN SIZE FROM 2,066 SQUARE FEET TO
4,143 SQUARE FEET ON 8.5 ACRES GENERALLY LOCATED
ALONG THE NORTH SIDE OF REMINGTON AVENUE AND
SOUTH OF DENDY ROAD, BETWEEN DIAZ ROAD AND
WINCHESTER ROAD, KNOWN AS ASSESSOR'S PARCEL NO.
909-370-037
PC RESOLUTION NO. 2005-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA04-0134 A DEVELOPMENT PLAN TO CONSTRUCT
TWO MULTI-TENANT BUILDINGS TOTALING 128,933
SQUARE FEET ON 8.5 ACRES IN THE LIGHT INDUSTRIAL
ZONE, LOCATED ALONG THE NORTH SIDE OF REMINGTON
AVENUE AND SOUTH SIDE OF DENDY ROAD, BETWEEN
DIAZ ROAD AND WINCHESTER ROAD, KNOW AS
ASSESSOR'S PARCEL NO. 909-370-037
6 Plannina Application Nos. PA04-0359 and PA04-0365. Tentative Tract Map No. 32104 and
a Home Product Review. submitted bv Grevstone Homes. to subdivide 5.2 acres into 53
sinale familv residential lots. 18 open space lots. one street lot. and consider the
architectural desian and placement of the proposed homes within the tract. located on the
northwest corner of Lake House Road and Sarasota Lane within the Harveston Specific
Plan area. Matthew Harris. Associate Planner
Associate Planner Harris highlighted the staff report (of record), advising that the Public Works
Department has requested that Condition No. 19 be modified as follows: Relinquish and waive
right of access to and from Logan Court on the Final Map with the exception of two openings as
delineated on the approved Tentative Tract Map.
By way of the enhanced elevations' exhibit, Mr. Harris, for Commissioner Chiniaeff, confirmed
that the longer side elevations are being enhanced.
For Commissioner Telesio, Mr. Harris clarified that all previously requested conditions have
been incorporated.
In response to Chairman Mathewson, Mr. Harris noted that this project will not exceed the 20%
threshold, as per the Specific Plan, with regard architectural styles.
Mr. Matthew Fagan, representing Lennar - Greystone Homes, expressed the applicant's
concurrence with staff's findings and conditions of approval, including the amended conditions.
(r--)
R:IMinutesPCIo 11905
4
Ms. Mary Anne Paradise, Temecula, representing Lennar - Greystone Homes, advised that
there will be 60 homes in the Ashville I project.
Elaborating on the reasons of why he and his family chose to move to the Harveston
Community, Mr. Anthony Reiter, Temecula, a licensed architect, expressed concern with regard
to the height (three-story) and density of the proposed project.
For Mr. Reiter, Chairman Mathewson clarified that the proposed density will be consistent with
the Specific Plan.
In response to Commissioner Chiniaeff's inquiry, Ms. Paradise noted that the Lennar Sales
Offices has fully disclosed and apprised potential buyers that the Harveston Specific Plan does
. include many different densities and architectural styles. Mr. Chiniaeff noted that residents
should be required to sign a notice making them fully aware of the specifics of the Specific Plan.
At this time, the public hearing was closed.
Commissioner Olhasso expressed concern with the three-story structures.
Considering the Commission had previously approved three-story structures in the first phase of
this project, Commissioner Chiniaeff noted that it would be within the applicant's right to request
three-story structures for the proposed phase.
\
J
Commissioner Telesio suggested that the disclosure responsibility of the developer and the
responsibility of the buyer be addressed and clarified.
At this time, the public hearing was reopened.
It was noted, by Chairman Mathewson, that of the proposed 53 structures, approximately 30 of
them will be three-story structures and advised that the three-story structures will require an
additional height of approximately 12'.
Further clarifying the information that is disclosed to the potential buyers, Ms. Paradise advised
that the Welcome Home Center does display a topographical map which reflects the Specific
Plan.
Addressing the disclosure information given to potential buyers, Mr. Mike Bender, Temecula,
commented on a community pamphlet and a general rendering of Harveston Community. As
far as the Welcome Home Center, Mr. Bender noted that he would not view the individuals
working at the Center as helpful in providing pertinent information.
Further elaborating on information provided to potential buyers, Mr. Greg Bucella, representing
the applicant as the architect, commented on elevation/product information that was available in
the Welcome Home Center, noting that concept elevations included three-story structures.
At this time, Chairman Mathewson closed the public hearing.
(lJ
Considering what the Commission conceptually approved at the Specific Plan level,
Commissioner Chiniaeff expressed his support of the request.
R:\MinutesPCl011905
5
MOTION: Commissioner Chiniaeff moved to approve the staff recommendation with the
recommended conditions of approval as well as amended by Condition No. 19 (Public Works
Department; see page 4) and to adopt the associated resolution. The motion was seconded by
Commissioner Olhasso and voice vote reflected unanimous approval.
PC RESOLUTION NO. 2005-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA04-0359 (TENTATIVE TRACT MAP TTM 32105) AND
PA04-0365 (HOME PRODUCT REVIEW ASHVILLE II) TO
SUBDIVIDE 5.23 ACRES INTO 53 SINGLE FAMILY
RESIDENTIAL LOTS, 18 OPEN SPACE LOTS, AND A ONE
PRIVATE STREET LOT AND APPROVING THE
ARCHITECTURAL DESIGN AND PLACEMENT OF 53 HOMES
WITHIN A PORTION OF PLANNING AREA 3 OF THE
HARVESTON SPECIFIC PLAN
New Items
)
7 Plannina Application No. PA04-0358. Tentative Tract Map No. 32319. submitted bv
Standard Pacific Homes. to subdivide 3.92 acres into 6 sinale-familv residential lots with a
minimum lot size of 20.000 sauare feet. located in Plannina Area 16 of the Wolf Creek
Specific Plan. southeast of Wolf Vallev Road and Pechanaa Parkwav. west of the Redhawk
Development. Chervl Kitzerow. Associate Planner
Associate Planner Kitzerow referenced the staff report (as per written material), advising that
the downward trending slopes are part of the subject property; that the developer will plant the
sloped area; that the homeowner will maintain the area; and noting that the Public Works
Department has requested that Condition No. 73 (Transportation Uniform Mitigation Fees) be
deleted.
Advising that he was in attendance to address any questions, Mr. Adam Smith, representing the
applicant, thanked Associate Planner Kitzerow for her presentation as well as other Planning
Department staff members for their efforts.
At this time, the public hearing was closed.
MOTION: Commissioner Guerriero moved to approve the staff recommendation, deleting
Condition No. 73 (Public Works Department, as noted above) and to adopt the associated
resolution. The motion was seconded by Commissioner Chiniaeff and voice vote reflected
unanimous approval.
(cJ
R:\MinutesPCI011905
6
PC RESOLUTION NO. 2005-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA04-0358 TENTATIVE TRACT MAP NO. 32319
SUBDIVIDING 3.92 ACRES INTO SIX-SINGLE FAMILY LOTS IN
PLANNING AREA 16 OF THE WOLF CREEK SPECIFIC PLAN,
GENERALLY LOCATED SOUTHEAST OF WOLF VALLEY
ROAD AND PECHANGA PARKWAY KNOWN AS ASSESSOR'S
PARCEL NO. 962-010-001
8 Plannina Application No. PA04-0350. Tentative Tract Map No. 32436. submitted bv Lennar
Communities Inc. to subdivide 10.8 acres into 76 sinale-familv residential lots and 10 open
space lots. located east of Ynez Road and north of Date Street within the Harveston Specific
Plan area. Matthew Harris. Associate Planner
Associate Planner Harris highlighted the staff report (as per agenda material), referencing
letters (copies of which were distributed to the Commission) received from property owners in
Murrieta as well as from the City of Murrieta.
.
J
In response to Commissioner Chiniaeff, Mr. Harris confirmed that the rear property line of the
property of discussion will be located in the City; that this area will sit higher than the up
sloped property abutting the City property line; and that the up sloped area is located in the City
of Murrieta. Mr. Harris noted that a landscape buffer will be provided along the City's rear
property line. With regard to the City of Murrieta retaining a one-foot non-access strip across
North End Road, Mr. Harris and Deputy Director of Public Works Parks advised that Murrieta
City Council approval would be necessary for the proposed connection; that the previous Tract
had the imposition of a condition, requiring Murrieta City Council approval prior to final
recordation; that this particular Tract does not have such a condition because this Tract does
not have access requirements to connect to North End Road; that the two required points of
access will be Ynez Road and to the circulation roads within the other tract; and that the
Commission may opt to add a similar condition to this particular Tract, requiring Murrieta City
Council approval prior to final recordation.
Commissioner Chiniaeff was of the opinion that the same condition as was imposed on the
previous Tract with regard to the City of Murrieta granting approval of the one-foot non-access
strip should be imposed on this particular Tract.
For Commissioner Guerriero, Mr. Harris advised that, for the previous tract, in an effort to
ensure proper emergency response, the Fire Department required two access points; that the
applicant has been discussing the matter with the City of Murrieta and one option would be to
install a crash gate at the terminus of North End Road, serving as an emergency access but no
general public access; and that this matter has not been unresolved with the City of Murrieta.
Commissioner Chiniaeff suggested that the proposed Tract not be approved until the previous
Tentative Tract Map has been approved.
)
Planning Director Ubnoske clarified that staff is in support of approving the Tentative Tract Map
because the City of Murrieta has approved the access through this Tentative Tract Map as
being consistent with the Specific Plan.
R:IMinutesPCI011905
7
Stating that the jurisdiction for the proposed action is in the City of Temecula and understanding
the Commission's concern, Assistant City Attorney Curley was of the opinion that the
Commission would be justified to proceed with action at this meeting, applying the City of
Temecula standards to a City of Temecula application. For Commissioner Chiniaeff, Mr. Curley
noted that the imposition of a condition to require a secondary access point prior to recordation
would be viewed as a health and safety matter and, therefore, would be a defensible condition.
Deputy Public Works Director Parks advised that within the Specific Plan and the Development
Plan, there was an agreement between the applicant (Lennar) and the City of Murrieta to
mitigate traffic issues; that Lennar has paid the City of Murrieta in excess of $600,000 to
address these issues; and that the City of Murrieta agreed to the Specific Plan which showed
the connection and as well agreed to the proposed mitigations and accepted payment for it.
At this time, the public hearing was opened.
Advising that this will be the applicant's final single-family project, Mr. Kevin Lynch, representing
Lennar Communities, commented on efforts undertaken to resolve this particular issue and
voiced no objection to the imposition of a condition to require a secondary point prior to Map
recordation.
There being no other speakers, the public hearing was closed.
,
7
MOTION: Commissioner Chiniaeff moved to adopt the Tentative Tract Map resolution and to
proceed with the recommended action of approval with the addition of a condition, requiring no
Tentative Tract Map recordation prior to the applicant obtaining approval from the City of
Murrieta with regard to the secondary access. The motion was seconded by Commissioner
Guerriero and voice vote reflected unanimous approval.
PC RESOLUTION NO. 2005-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA04-0350, TENTATIVE TRACT MAP NO 32436
SUBDIVIDING PLANNING AREA 11 OF THE HARVESTON
SPECIFIC PLAN INTO 76 SINGLE FAMILY LOTS AND 10
OPEN SPACE LOTS FOR LENNAR COMMUNITIES ON 10.8
VACANT ACRES GENERALLY LOCATED EAST OF YNEZ
ROAD AND NORTH OF DATE STREET KNOWN AS
PORTIONS OF ASSESSOR'S PARCEL NO. 910-100-007 AND
-008
9 Plannina Application No. PA04-0393. a Development Plan. submitted bv Currv Brandaw
Architects. to construct. establish. and operate a four-storv senior conareaate care facilitv
consistino of 115 units on 2.1 acres and an exception to the development standards to
reduce the onsite parkina reauirements bv 13 spaces. located on the southeast corner of
Villaae Road and Township Road within the Harveston Specific Plan. Matthew Harris.
Associate Planner
()
By way of overheads, Associate Planner Harris presented the staff report (of record), noting that
in the Specific Plan, a conceptual plan was proposed for a mixed-use Village which was to
R:IMinutesPCI011905
8
encompass an assisted living facility; that the proposed use would be for ambulatory residents
in their late 70s and 80s; that it be a four-story structure (106,882 square feet) and would be
located on 2.1 acres; that, as per the Development Plan, parking requirements will be 81 spaces
(covered and uncovered spaces); that the applicant has requested an exception to the
Development Standards, reducing the total number of parking spaces to 68 (34 covered and 34
uncovered); that this parking reduction has been requested because fewer than 25% of the
residents own vehicles; that the facility will include the operation of a 20-passenger shuttle bus;
that because of those two factors, staff would concur with the requested reduction in parking;
that the applicant has agreed to construct a tower at the intersection of the Village similar to the
one for ABC Preschool; and that the proposed building height (50'), as per the Development
Code, will be below the maximum requirement for the lot.
!
/
At this time, the public hearing was opened.
Highlighting the proposed project, Mr. Matthew Fagan, representing Lennar Communities,
commented on the intent of the Village - to provide a variety of uses and requested the
Commission's approval. For Chairman Mathewson, Mr. Fagan elaborated on how the
Preschool and the proposed facility will provide a vibrant streetscape community, stating that
the Main Street leads to numerous different places - park, lake park, community park, etc.
By way of an exhibit, Mr. Garth Brandaw, representing the Holiday Retirement Corporation,
provided background information with regard to the Holiday Retirement Corporation as well as
the services provided to its residents; advised that the Corporation is a community-oriented
facility; that for the majority, the residents of the Retirement facility enjoy being a part of the
community, next to a school, daycare center, single-family residences, etc. Highlighting the
proposed facility, Mr. Brandaw noted the following:
. That the proposed height of the facility will 45' which will be 5' below the allowable
height of the Specific Plan;
. That the view corridors/visual impact of this project will be very limited;
. That a tremendous amount of wall articulation, patios, terraces, roof elements, etc. will
be provided;
. That 115 suites would be the minimum number of suites necessary to make this project
economically feasible;
In response to Commissioner Chiniaeff, Mr. Brandaw clarified the following:
. That three different types of suites will be offered - 60% one-bedroom suites, 30%
studios, and 10% two-bedroom suites;
. That no cooking facilities are provided within the suites;
CJ
. That no nursing care/medication monitoring will be provided at this facility.
Mr. Kevin Lynch, representing Lennar Communities, advised that the ABC Preschool as well as
the Holiday Retirement Corporation were delicately picked by Lennar and requested the
Commission's support of the project.
R:\MinutesPCI011905
9
Wanting businesses specific to the community as well as ones that will continue to add value to
the community, Mr. Lynch, in response to Commissioner Olhasso, advised that the retail leasing
process is progressing, noting that he would estimate that there will be approximately 5,000 to
7,000 square feet of retail available.
The following individuals spoke in opposition to the proposed project:
Ms. Bonnie Adams Harveston Community resident
Ms. Kim Juarez Harveston Community resident
Ms. Christina Grade Harveston Community resident
Mr. Roger Logan Harveston Community resident
Ms. Saundra Stormer-Simm - Harveston Community resident
Mr. Anthony Reiter Harveston Community resident
Mr. Jason Ehmke Harveston Community resident
Mr. Spencer Simm Harveston Community resident
Mr. Mike Bender Harveston Community resident (submitted a petition of opposition
) to the proposed facility signed by 200 Harveston residents)
The above-mentioned individuals spoke in opposition to the project for the following reasons
and offered the following suggestions:
. Lack of a Village feel
. Height of the proposed building (45')
. When signing paper work to purchase into the Harveston Community, were advised that
there would be no buildings higher than two story;
. Suggested underground parking to further reduce the height of the proposed building;
. No opposition to a retirement community of a smaller scale;
. Mass, along the street, of the proposed building;
. Aesthetically not pleasing; would impact the small-town feeling of the Harveston
Community;
. Safety and traffic concerns (speed/increased traffic flow/not stopping at stop signs)
considering its close proximity to the preschool and residences;
. Would prefer a building no higher than two stories;
R:IMinutesPCI011905
10
v
. Proposed building should be no higher than 35' and possibly permitting a three-story
building;
. Lack of continuity, as throughout the community, of the tower element on the proposed
building;
. Fire Department/ambulance access for medical assistance and its impacts on the
existing residents;
At 8:15 P.M., Chairman Mathewson called a short recess and reconvened the meeting at 8:23
P.M. and continued with the public hearing.
. Lack of on-site parking for the residents of this facility as well as staff;
. Scale of the proposed building inappropriate for a residential neighborhood;
. Residents were not apprised of the proposed apartments/retirements facility/etc.;
. Potential use of the Harveston Community bus by this facility's residents; that the
Harveston Community bus is paid for the residents of Harveston.
By way of overheads, at this time, Mr. Garth Brandaw, representing the applicant, responded to
the above-mentioned comments as follows:
, \
r--- ,I
. Parking ratio - .6 spaces per suite (including residents, staff, and visitors) of the existing
300 facilities that Holiday Retirement Corporation operates has been sufficient for the
residents;
. Mass/scale - structure will not be imposing on any view corridor; scale of the structure
would be appropriate within the community;
. Proposed structure necessary in order to make this facility economically viable.
At this time, the public hearing was closed.
In response to the Commissioners, Associate Planner Harris provided clarification and input as
follows:
. that the Specific Plan would permit a variety of different types of mixed uses for this
particular site such as banks, barber shops, Boys and Girls Clubs, catering services,
religious institution, office building, etc.; that the religious institution and office building
would be in similar magnitude to what the applicant is proposing and of these two uses,
an office building would generate more traffic; that a higher density could have been
permitted on this parcel of discussion as long as the FAR requirements are met;
. that no single-family residence will directly abut this facility; that some single-family
residences will be located kitty corner from the proposed project (230' distance);
I )
r--'
. that the Specific Plan does not permit access either on Township or Village Roads and,
therefore, access to the facility was relocated;
R:IMinutesPCIo11905
11
. that, as per the Specific Plan, the maximum height limit is 50';
. that in an effort to create a pedestrian-oriented Village as to scale and design, as per the
Specific Plan, special concentration has been given to the first-story of the building;
. that originally the applicant had requested 120 units; that number has been reduced to
115 units in order to address staff's concern with parking;
)
;
. that considering the small constraints of the proposed site, sub grade parking would not
be economically feasible.
Having been a part of this project since its inception and having attended tours provided by Mr.
Fagan of other Lennar projects, Commissioner Guerriero noted that even though the proposed
project will meet the City's guidelines, he does not recall seeing a four-story congregate care
facility at any of those sites and that in his opinion, a four-story structure would not be suitable
for this community. Although concurring with the need for congregate care in the City of
Temecula, Mr. Guerriero questioned the size/mass of this particular project within the Harveston
Community and its economic viability. Expressing his support of the residents' concerns with
regard to the size of the proposed structure, Mr. Guerriero noted that the proposed size would
be too large for a residential-village concept.
Commending the applicant on the articulation of the proposed building, Commissioner Chiniaeff
noted that the issue would be massing and expressed his concurrence with Commissioner
Guerriero's comment that the proposed structure would be too high for this community. Mr.
Chiniaeff as well expressed concern with the applicant's request to reduce the number of
parking spaces, noting that by reducing the number of units, additional parking spaces could be
provided.
Disappointed by the limited amount of square feet of retail, Commissioner Olhasso expressed
her opposition to the proposal.
Because the approved Specific Plan would permit the construction of a structure up to 50' in
height, Assistant City Attorney Curley, for Commissioner Telesio, advised that the Specific Plan
does create a menu/range of opportunities, noting that the application before the Commission is
a Development Plan which does require specific findings with regard to General Health, Safety,
and Welfare. Based on findings that the Commission will provide, Mr. Curley advised that
Commission may deny a four-story structure even though it would be permitted under the
Specific Plan.
Echoing concern with regard to the height and massing of the proposed project, Chairman
Mathewson expressed concern with on-site parking, viewing the facility as under parked and
questioned whether the proposed project would be compatible with the overall Harveston
scheme. Having approved the Specific Plan, Mr. Mathewson relayed his expectation of varied
residential products but also the development of a true main street retail opportunity, noting that
the main street concept must be developed with retail opportunities and noted that the proposed
project would not be a project heading into that main street concept direction. At this time, Mr.
Mathewson recommended that the applicant address the noted issues and encouraged the
applicant to explore the possibility of retail within its facility.
Concurring with Chairman Mathewson's comment, Commissioner Olhasso stated that she
would not view, at this time, the village center concept as a vital concept.
R:IMinutesPCI01 1 905
12
/ By eliminating one story from the proposed facility, Commissioner Telesio noted that such a
reduction would not address the noted concerns with regard to the lack of retail, commenting on
the location of such a facility within the village. If the proposed project were scaled down, Mr.
Telesio questioned whether that would provide the desired type of retail concept.
Commenting on the desired retail opportunities and the available locations for such
opportunities, Commissioner Chiniaeff viewed the proposed use as acceptable. As per the Site
Plan, Mr. Chiniaeff, with the exception of the proposed structure being four stories tall, has
addressed concerns raised by the residents, such as: orientation, larger buffer to residential,
etc., noting that basic questions would be whether or not the Commission is desirous of the
proposed use. Referencing the concept of the Specific Plan, Mr. Chiniaeff commented on the
Commission's original support of the retail component.
Commissioner Guerriero reiterated that lack of commercial/retail element within the Harveston
Community.
Planning Director Ubnoske requested that the Commission consider a continuance for the
applicant in effort to achieve a compromise between the City and the applicant.
In an effort to address the noted concerns/comments, Mr. Brandaw relayed the applicant's
desire to be given the opportunity to review other options and expressed support of a
continuance.
MOTION: Commissioner Chiniaeff moved to continue this matter to the March 2, 2005,
Planning Commission meeting. The motion was seconded by Commissioner Guerriero.
c .
Chairman Mathewson suggested the formation of a subcommittee.
Commissioner Guerriero requested that staff contact those in attendance of this meetings to
ensure notification of the continuance to the March 2, 2005, Planning Commission meeting
AMENDED MOTION: Commissioner Chiniaeff moved to continue this matter to the March 2,
2005, Planning Commission meeting and requested that those residents in attendance of this
meeting be informed of the continuance to the March 2, 2005, Planning Commission meeting.
The motion was seconded by Commissioner Guerriero and voice vote reflected unanimous
approval.
At 9:30 P.M., Chairman Mathewson called a short recess and reconvened the Commission
meeting at 9:37 P.M.
Item No.4 discussed out of order; see page 2.
4 Plannina Application No. PA04-0550. a Maior Modification to a Development Plan.
submitted by Brian Price. Breckenridae Group. to allow exterior elevation chanaes and
the conversion of a Coco's Restaurant to a Rubv's Diner. located at 26495 Ynez Road.
west of Ynez Road between Winchester Road and Overland Drive in the Palm Plaza
Shoppina Center. Matt Peters. Associate Planner
lJ
Associate Planner Peters highlighted the staff report (of record), referencing supplemental
material distributed to the Commission; advising that this particular item had been continued
from the December 15, 2004, Commission; and summarizing the following design changes:
R:IMinutesPCIOl1905
13
removal of the tower element, replacement of the red accent bands on the cornice with grey
accent bands; replacement of the red ceramic tile in the base to grey tile; allowing red LED
lighting within the red accent band subject to review and approval by the Director of Planning;
permitting red entry doors; and permitting red awnings a white valance. Mr. Peters advised that
staff would recommend approval as modified, as noted above, with the conditions of approval.
For Commissioner Chiniaeff, Associate Planner Peters noted that the applicant is in
concurrence with the recommended modifications and the conditions of approval.
Commissioner Olhasso expressed her preference of red awnings with red valances versus a
white valances.
Responding to the Commissioners, Mr. Brian Price, representing the applicant, noted that there
was no intent to retexture the building because it will match the existing buildings in the center
and voiced no opposition to the proposed conditions of approval and the recommended design
changes.
At this time, the public hearing was closed.
MOTION: Commissioner Olhasso moved to approve staff recommendation with the design
modifications, as noted above by staff, along with an amendment to include red awnings with
red valances. Commissioner Guerriero seconded the motion and voice vote reflected
unanimous approval.
1/ 1 COMMISSIONERS' REPORTS
~ )
A. Commissioner Olhasso questioned whether a Commission ad hoc committee should be
formed to address the retail issue in the Harveston Community. It was recommended that the
applicant explore residential over retail.
B. Thanking outgoing Chairman Telesio on a job well done, Commissioner Guerriero
congratulated incoming Chairman Mathewson on his newly appointed position. Due to his work
responsibilities, Mr. Guerriero apologized to the Commission for the meetings he has missed.
C. Appreciating the opportunity to serve as Commission Chairman, Mr. Mathewson
encouraged the formation of an ad hoc committee to address the retail issues in the Harveston
Community. Commissioners Guerriero and Telesio offered to serve on the committee.
In response to Chairman Mathewson, Planning Director Ubnoske advised that she would
confirm with the Public Works Department on how long the sand operation on Rancho California
Road, next to the Kating apartments, will continue.
D. In light of this evening's discussion with regard to the Harveston Community,
Commissioner Chiniaeff commented on the need to address the type of information that is being
disclosed through the sales offices to potential buyers, suggesting a signed specific form and/or
by the applicant/developer posting each site of its future use.
(lJ
R:IMinutesPCIo11905
14
PLANNING DIRECTOR'S REPORT
A. Advising the Commission that Mr. Lynch, representing Harveston Community, has
informed staff that the maintenance and replacement of street sign within the community will be
the City's full responsibility, Planning Director Ubnoske noted that staff has been working with
the developer in an effort to obtain requested information pertaining to the street signs, noting
that typical street signs cost $200 to $300 per sign and that the specific street signs for the
Harveston Community cost approximately $2,000 per sign.
MOTION: Commissioner Guerriero moved to extend the meeting to 10:00 P.M. The motion
was seconded by Commissioner Olhasso and voice vote reflected unanimous approval.
As part of the overall Planning Commission's approval process of the Harveston Community
project, Chairman Mathewson commented on the uniqueness of this project that was presented
to the Commission and expressed concern with the limited amount of uniqueness as this project
is coming to completion and, therefore, requested that the Commissioners be given the
opportunity to meet with the City Manager or the City Councilmembers to discuss this matter.
Commissioner Olhasso noted that the street signs for Meadowview and Los Ranchitos are
replaced at the City's expense.
ADJOURNMENT
At 10:01 P.M., Chairman Mathewson formally adjourned this meeting to the next reaular
meetina to be held on Wednesday. Februarv 2. 2005 at 6:00 P.M., in the City Council
Chambers, 43200 Business Park Drive, Temecula.
f
Dave Mathewson
Chairman
Debbie Ubnoske
Director of Planning
J
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ITEM 18
APPROVAL .A:J
CITY ATTORNEY -ul:P~
DIRECTOR OF FINAN~
CITY MANAGER L.f1l---
CITY OF TEMECULA
AGENDA REPORT
TO:
DATE:
Mayor and Members of the City Council
City Manager
Jim O'Grady, Assistant City Manag~
July 12, 2005
FROM:
SUBJECT:
Appointment of Subcommittee for Infrastructure Beautification
RECOMMENDATION: Appoint a subcommittee to develop recommendations for policies and
programs for beautification of public infrastructure.
BACKGROUND: Previously Councilmember Naggar had seen a presentation by County
Planning Director Bob Johnson which highlighted a variety of approaches to beautification of
public infrastructure projects. The projects included artwork, decorative design elements,
enhanced landscaping and other project features that provided for an enhanced design.
Councilmember Naggar subsequently invited Mr. Johnson to make this presentation to the
Temecula City Council at the Council's May 24, 2005 meeting. While the City has strived to
make public projects attractive, Mr. Johnson's presentation generated considerable interest,
and the City Council requested that staff place infrastructure beautification as a subsequent
agenda item for further discussion and possible appointment of a subcommittee. Council also
discussed methods to involve the Community Services Commission and may wish to include
Commission members in the development of infrastructure policy and project
recommendations.
FISCAL IMPACT:
None at this time.
Y:\AGfNDA REPORTSIAPPOINTMENT OF SUBCOMMITTEE FOR INFRASTRUCTURE BEAUTIFICATION 7-12-05.DOC
7/5/05
ITEM 19
APPROVAL
CITY ATTORNEY 4<J.
DIRECTOR OF FINAN
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Susan W. Jones
City Clerk/Director of Support Services
DATE: July 12, 2005
SUBJECT: Planning Commission Appointments
PREPARED BY:
Cheryl Domenoe, Administrative Assistant if
RECOMMENDATION: Appoint two applicants to serve on the Planning Commission, one for a
full three-year term through June 15, 2008 and one un-expired term through June 4, 2007.
BACKGROUND: The term of Commissioner David Mathewson expired on June 4, 2005
and Commissioner Mary Jane Olhasso resigned effective June 20, 2005. The City Clerk's office
has followed the Council's established procedure for filling a Commission vacancy by advertising the
openings in the local newspaper. Notices were also posted at various locations within the City and
on the City's Web page. When the deadline was reached for receiving applications, the applications
were forwarded to the subcommittee comprised of Mayor Comerchero and Council member Naggar
for review and recommendation. Mayor Comerchero and Council member Naggar have
recommended the reappointment of Commissioner David Mathewson to serve a full three-yearterm
through June 15, 2008 and appoint Stanley Harter to fill the un-expired term through June 4, 2007.
All applicants are registered voters and live within the city limits of Temecula.
Attached are copies of the qualifying applications that were received by the filing deadline of June
13, 2005.
ATTACHMENTS:
Eight (8) Copies of Applications for Appointment.
Agenda Reports/Appointment Planning Commission
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
www.cityoftemecula.org
(909) 694-6444
Commission Appointment
Application
Forprqper cons!deratlon,'you!I)ust c:U~ be a nI8kIent of the.,
. City of Temecula and a Reilistenm Voter In the City ofTemec;:ula
RECEIVED '
JUN 1 3 2005
P"" Check 0IIe:
~Planning CJeommunity Services CJ Public Traffic Safety
Number of years as a City of Temecula Resident ~_ Are you a City Registered Voter? Ye~
CITY CLERKS DEPT.
,
NAME: DARRELLL.CONNERTON
ADPRESS: 31618 Corte Rosario
DAYTIME PHONE: (951) 693-1994
OCCUPATION: Consultant
Temecula, CA 92592
EVENING PHONE: (951) 693-9103
EMPLOYER NAME: Darrell L. Connerton, Consulting & Construction Management
EMPLOYER APDRESS: 31618 Corte Rosario Temecula, CA 92592
E-MAIL darreILconnerton@yahoo.com
Educational BackgroundlDegrees:
High School, Schools associated with Construction
I hold a Califomia Contractors "B" License
List any City or County Board, Committee or Commission on which you have served and the year(s) of service:
I am presently the Treasurer for Riverside County Republican Central Committee (5 years) and a member of
the State Republican Central Committee. Recently appointed to the Riverside County Parks and Open
Spaces Commission. Fonner Commissioner on the Safety & Traffic Commission - 6 years
List any organizations to which you belong (professional, technical, community service):
ICBO - International Conference of Building Officials
ASPE . American Society of Professional Estimators
California Treasurers Association - Chainnan
Lincoln Club of Southwest Riverside County - Chainnan
State why you wish to serve on this commission, and why you believe you are qualified for the position.
Please be specific. (You may attach a separate sheet of paper if necessary.)
See Reverse Side and Attached Sheet
may be verified. I consent to the release of this infonnatlon for
Signature: , Pate: June 13, 2005
Please return to: City Clerk's Office, 43200 Business Park Drive (909) 694-6444 (OR)
Mail to: P.O. Box 9033, Temecula, CA 92589-9033
Please be aware of the advertised deadline
DARRELL L. CONNERTON
CONSULTING & CONSTRUCTION MANAGEMENT
CALIFORNIA OFFICE
31618 CORlE ROSI\RIO
TEMECWI. CA 92592-0478
(9091 693-1994 0fACE
(9091693-1943 F^"
Emall: dlc37@aol.com
www.dlcconsu/tcom
NEVADA OFFICE
1405 \II. SUNSET. # 1 03
HENDERSON. NV89014
(702) 547-1021 OFFICE
(7021 547-<5233 FAX
PROFESSIONAL LICENSE I AFFILIATIONS
California Contractors License - B
EPA Certification for Asbestos
ICBO - Professional Member
American Society of Professional Estimators
HUD 203 K Certified Consultant, Plan Reviewer, and Inspector
Regional Construction Cost Supplier to the R.S. Means Database
for Southern California
BACKGROUND EXPERIENCE
DLC, Consulting and Construction Management
Lee Saylor, Inc.
PM Realty Group
Patscheck Development
Mountain Meadows Development
Kaufman & Broad
Heritage Development
Department of Defense
Connerton Construction Company
BACKGROUND QUALIFICATIONS
Responsible for daily management of operations and supervision of field staff and
sub contracting trades on specific job sites. Provide estimating, scheduling, value
engineering, claims preparation and contract negotiations on a wide range of
projects.
Proiect Manaaer
Over 25 years of experience in managing construction projects with hands on
experience in superintending, estimating, cost management, value engineering and
litigation support for construction claims. Responsibilities include scheduling,
developing bid packages, preparation and negotiation of construction contracts and
project management operations. Projects range in size up to $18,000,000
including renovations of low and high-rise buildings including all tenant
improvement. Other typical projects include shopping centers, industrial
buildings and residential condominiums.
Construction Manaaer
Extensive experience in both on site and off site infrastructure improvements
including building stabilization. Hot and cold water repiping, irrigation and fire
sprinkler systems. Management responsibilities include purchase orders, project
procurement, change order log and tracking and claims analysis. As director of
engineering responsibilities include all off site purchases and management of
construction for over 300 residential units.
Environmental Manaaement
Responsibilities include management of hazardous waste mitigation services
including asbestos and contaminated soil. Mr. Connerton has worked with the
City of Los Angeles and helped author "Regulation 68" which is the procedure
used by contractors for asbestos removal and work in the subcommittee in the
City of Los Angeles dealing with hi-rise residential fire sprinkler retrofit. He
also has worked with the SCAQMD relating to their Rule 1403, dealing with
construction and related asbestos removal.
EXDert Witness
Extensive experience in Construction Defect Litigation Support. Mr. Connerton has
assembled teams of Architects, Structural Engineers, Mechanical Engineers,
Geologist, Soils Engineers and Roofing Specialists or has worked on an assembled
team to evaluate construction defect report and repair recommendations and
prepare a report on repairing and cost reported defects. He has been associated
with over 160 cases amounting to in excess of $265,000,000 in construction defect
claims.
.
Governmental
Was employed by the Department of Defense, traveling to various governmental
contractors, insuring compliance with contractual requirements.
With Connerton Construction Company, acted as a superintendent and Project
Manager on construction sites for structural steel buildings, commercial centers and
single family homes.
PROJECTS
Residential New Construction
Monte Vista Townhomes
Palm Terrace Townhomes
Old Chapman Road Townhomes
Rialto Meadows
Mountain Meadows
Daly Homes
Victoria Woods
45 Condos
32 Condos
72 Condos
67 Single Family
280 Single Family
274 Condos
328 Condos
Hiah Rise Office and Residential
Asbestos removal, sprinkler retrofit, tenant improvements and renovation
Todd Towers
Bunker Hill Towers
Executive One
Westwood Plaza
Citi-National Bank Bldg.
11 Floors, Office
32 Floors, Residential
25 Floors/8 Floors Office
10 Floors Office & Retail
25 Floors Office
Remodel (Stabilization. rehab and reDair)
Quail Ridge
La Sierra Manor
Parsonage House
2617 7th Street
5611 Walter Street
5415 Walter Street
10661 Burton Street
10594 Burton Street
Williams Building
La Sierra II
3245 Orange Street - Done
144 Condos
105 Apartments
Historical Restoration
Historical Restoration
Rehab, Single Family
Rehab, Single Family
Rehab, Multi Family
Rehab, Multi Family
Historical Restoration
40 Apartments
Historical Single Family Rehab
. .
3227 Orange Street - Done
3207 Orange Street - Done
3362 Mulberry Street - Done
3382 Mulberry Street - Done
3406 Mulberry Street - Done
3428 Mulberry Street - Done
Indiana Avenue - Done
10th Street to 4th Street - Done
University Village Parking Structure
Historical Single Family Rehab
Historical Single Family Rehab
Historical Single Family Rehab
Historical Single Family Rehab
Historical Single Family Rehab
Historical Single Family Rehab
Rehab 4 plexes
Demo and construction of new
garages
House move (RHDC)
Complete construction
Have worked with the City of Riverside and Riverside Housing Development Corporation
on the home and CDBG Programs as a Construction Manager and Inspector. Have also
worked as a Construction Manager for the City of Riverside on other types of programs.
DLC resume
-
~.
06-07-05PO 1: 30 RCVD
City of T emecula
43200 Business Park Drive
Temecula, CA 92590
www.cityoflemecula.org
(909) 694-6444
~" ",0'<.:. ,: ;~'I')' ~,..'~c"'.f'i{ft.-il!!fi"""'Ui>n'..: '."~
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r),/t ;:l~:~ :,~),(~~>~o,~j_f\,~'~~,. ~~::i<.- i<';:':(,~:\l:.~:':'{:> ~~'L4~
Commission AppointmentRE EIVEO
Application -72005
:rv CLERKS DEI'T.
,to" '''';;~':i,;t::::.l~-''~ .\, '-i.~~'.1J~:,.lf" -'..~; ~'.~
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):_i ;.Y<r~ 3,_'1;-1" {:-\.:. ":~'~';";;~.,':'>,,:., ~. .',..".~l.~."i/~
Please Check One:
IXJPlannlns c::JCommunlty Services c::JPUbIIC Traffic Safety
Number of years as a City of Temecula Resident / -<- Are you a City Registered Voter? ~
NAME: /()lV'I ~12/S OCCUPATlON:IZI'2.CH"lSI1V6 JLI;:WAGt7Z
ADDRESS:/I/6:l9 Ct;fl7l" HIGl/OZA nYneU/lA CA 9259;2....
DAYTlMEPHONE:95/-78i-7<;?OO EVENING PHONE: 95/.3..?t./ EfC/72-
EMPLOYERNAME:51n,UM ALI--'HI/VbH COHP/9/}'-/
EMPLOYERADDRESS:2';>Q5 .c/.EF~oo/) DR. 12IUEl2SIDE 01 9~So9
E-MAIL 7H/J/ZI2lS(fi>51R</VqALttI-//A!VH.com
Educational Background/Degrees: ...... 'D ~"'-' 'A
13. S. EVS/NESS ,,4{)NIN/S'J7V977QIV rr"~ rr,..,,,v CF~avr
t//VIJlO2SITlf 0,,"' ,t2/l)u-t7vZ>,5
List any City or County Board, Committee or Commission on which you have served and the year(s) of service:
G'OVlc1'2A L ,olA7\I Aj)VJStJl2-'1 CO/-f,<f I / I b'~ - I y~
List any organizations to which you belong (professional, technical, community service):
kit..JAII/I$ O,t: nNFCU.J'J I/Al(.[lf'- ",o,efSI{)OVT
IIVl/OrI117VT CLi/13 Or 7lNFC-ULI'l {/A/.t.:-P/ZcSIl)B\./T
State why you wish to serve on this commission, and why you believe you are qualified for the position.
Please be specific. (You may attach a separate sheet of paper if necessary.)
sa /tT77-9CH-r;"j)
I und....tand that any or alllnfonnaUon on this fonn may be verified. I consent to the rele..e of thla InfonnaUon for
pUbIlClnfo~~
Signature:. ___ Date: {!yI;;?b~OS-
Please retu 0: City Clerk's Office, 43200 Business Park Drive (909) 694-6444 (OR)
Mail to: P.O. Box 9033, Temecula, CA 92589-9033
Please be aware of the advertised deadline
Re: Planninq Commission AlVlointment AQPlication
Tonv Harris (951) 334-8972
As a resident for more than a decade I've experienced the
tremendous growth in our valley and I've seen the exceptional job our
councils and commissions have done managing that growth over the
years. I am confident that I've got the desire, integrity and the ability
to help improve the quality of our lives in an already great valley.
My exposure as a member of the General Plan Advisory Committee
and involvement in development projects has afforded me more
insight into the inner workings of our city and contact with the city
planning staff.
I believe that my career and community service involvement provide
me with analytical, organizational, interpersonal and management
skills to balance the City's, the residents and business' needs and
wants.
My purchasing, contract negotiation and facilities management
background can be applied to helping our valley improve traffic flow,
build infrastructure, generate higher paying jobs and maintain the
valley's history and heritage while building a sense of neighborhood
between businesses, residents and civic groups.
06-13-05 Al0:35 IN
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
www.cityoftemecula.org
(909) 694-6444
Commission Appointment
Application
CEIVED
Please Check One:
~Planning c:J Community Services c:J Public Traffic Safety
. Number of years as a City of Temecula Resident ~__ Are you a City Registered Voter? ~=~_
NAME: Stanley A. ~arter OCCUPATION: Attorney
APPRESS: 40305 Odessa Drive, Temecula, CA 92591
PA YTIME PHONE: 951-296-6097 ____ EVENING PHONE: ~51-699-~~~_____
EMPLOYER NAME: Law Offices Of Stanley A. Harter
EMPLOYERAPPRESS: 416~~Enterp!i!e Circle Not!.~ St~14___________________
E-MAIL sah@hartertaw.net
Educational Background/Degrees:
B.S. Brigham Young University, Provo UI. (1983); J.D., California Western School of Law (1985); LL.M.
Taxation, University of San Diego (1987)
List any City or County Board. Committee or Commission on which you have served and the year(s) of service:
List any organizations to which you belong (professional, technical, community service):
Member of California State Bar; member and director of San Bernardino County Bar Association; member and
director of Southwest California Economic Development Corporation; chairman of Business Relations
Committee for Southwest California Economic Development Corporation; member, director and second vice
chair for Temecula Valley Chamber of Commerce
State why you wish to serve on this commission, and why you believe you are qualified for the position.
Please be specific. (You may attach a separate sheet of paper if necessary.)
I believe my training and experience in legal and real property matters could add to the expertise of other
commission members to benefit the City and residents of Temecula.
rffl,d. I consent to the release of this Information for
Signature:
Please return to: Ci Clerk's Office, 43200 Business Park Drive (909) 694-6444 (OR)
Mail to: P.O. Box 9033, Temecula, CA 92589-9033
Please be aware of the advertised deadline
Date: O//?~cs-
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
www.cityoftemecula.org
(909) 694-6444
RECEIVED
06-03-05P12:10 RCVDjUN-32005
RKS DEPT.
Commission Appointment
Application
~' . " _ .~:J.'. -~":~'j3,l~~o~i~rq~er:'~,9QS)~qr(t~c?~;:~9u:ro~~~C~rf;'~iif~_~;~:~~~I~.~n!-'6rtt1,"i:.,,~~~;:':':.;. ,,\:.' :.:
; .:,," . >, ,:.iel~,~r P!!i,>~C,~I~~!,~d ~~~@t~~~~YQ~+r:lrl,t~~:q!.!(,o.~.J:~~~~~!~,:,>: " ,/. :,:
.' j" 1>,,,," '.~}.' -t"'~"f';-"!:i""~_"'\( ":t;' :.,'.t',.;"-'-"-"'.., ,..f ",'oj- .'.'.,",."
Please Check One:
[=z:J Planning c:::J Community Services c:::J Public Traffic Safety
Number of years as a City of Temecula Resident ~_ Are you a City Registered Voter? Yes
NAME: David Mathewson
APPRESS: 30865 Avenida Buena Suerte
PAYTIME PHONE: (310) 732-3857
OCCUPATION: Sr. Dir. of Planning & Env. Affairs
EVENING PHONE: 506-2301
EMPLOYER NAME: Port of Los Angeles
EMPLOYER ADDRESS: 425 S. Palos Verdes Street, San Pedro
E-MAIL dmath5856@aol.com
Educational Background/Degrees:
BA Urban Planning, Univ. of Illinois, 1979
M.PA, Univ. of Southern California, 1 981
List any City or County Board, Committee or Commission on which you have served and the year(s) of service:
Temecula Planning Commission (1999-Present)
Moreno Valley Rec. Trails Committee (1995-1997)
List any organizations to which you belong (professional. technical, community service):
American Planning Association
Temecula Valley Lady Hoops Basketball
State why you wish to serve on this commission, and why you believe you are qualified for the position.
Please be specific. (You may attach a separate sheet of paper if necessary.)
(see attached)
I understand that any or all Information on this form may be verified. I consent to the release of this Information for
public Infor~lon p 'J'}1/ .~
Signature: I' ~ Date: May 18, 2005
Plea return to: City Clerk's Office, 43200 Business Park Drive (909) 694-6444 (OR)
Mail to: P.O. Box 9033, Temecula, CA 92589-9033
Please be aware of the advertised deadline
.
PLANNING COMMISSION APPLICATION
DAVID MATHEWSON
It is my desire to continue to serve on the Planning Commission. I continue to have a strong desire
to participate in ensuring that our community enjoys a well-planned city and an enhanced quality of
life. One of my goals as a current commissioner, which is shared by the commission as a whole,
continues I to be that quality design be achieved in residential, commercial and industrial
developments.
I believe I have contributed in making the current Planning Commission a very effective body in
helping shape our city's physical layout and design. I am priveliged to serve with four other
individuals who together function very well. I remain enthusiastic in carrying out the responsibilities
of a Planning Commissioner and as my current role as Chairman, I believe I have managed the
meetings efficiently and effectively. The experiences I have gained as a current Planning
Commissioner combined with both my educational background and my work experience in planning
make me an ideal candidate.
I
~
06-13-05 POZ:11 IN
City of T emecula
43200 Business Park Drive
T emecula. CA 92590
www.cityoftemecula.org
(909) 694-6444
Commission Appointment
Application
EIVED
For proper consideration,-you must currently be a resident of the
City of Temecula and a Registered Voter In the City of Temecula
UN 1 3 2005
CLERKS DEPT. ,
Please Check One:
[2J Planning CJ Community Services CJ Public Traffic Safety
Number of years as a City of Temecula Resident 15 mo's Are you a City Registered Voter? ~
NAME: Kenneith V. Rose II OCCUPATION: CPA/ Financial Manager
ADPRESS: 41885 Corte Valentine, Temecula, CA 92592
DAYTIME PHONE: 951-587-0070 EVENING PHONE: 951-676-9095
EMPLOYER NAME: Builders Capital
EMPLOYER APDRESS: 28475 Old Town Front, Street #0, Temecula, CA 92590
E-MAIL kenrose@builderscapital.com
Educational BackgroundlDegrees:
Bachelor of Arts in Business Administration, Concentration in Accounting.
Non-Commissioned Officer School. United States Air Force.
List any City or County Board. Committee or Commission on which you have served and the year(s) of service:
None.
List any organizations to which you belong (professional, technical, community service):
American Institute of Certified Public Accountants.
Building Industry Association.
State why you wish to serve on this commission, and why you believe you are qualified for the position.
Please be specific. (You may attach a separate sheet of paper if necessary.)
See accompanying letter.
I understand that any or all infonnation on this form may be verified. I consent to the release of this lnfonnation for
public infonnation purposes.
ff~/T--
t-/3-oS-
Signature: Date:
Please return to: City Clerk's OffICe, 43200 Business Park Drive (909) 694-6444 (OR)
Mail to: P.O. Box 9033, Temecula, CA 92589-9033
Please be aware of the advertised deadline
I
.
To the City Council:
I am interested in an appointment to one of the available City Planning Commission positions.
WHY I WHISH TO SERVE ON THE COMMISSION
o Vested Interest in Temecula
o This city is very important to me and my family. Aside from owning a home in Temecula, both my
children attend school here and I work in Old Town. With a young family and a well established
career, I have many years to look forward to in Temecula. Cities like Temecula don't happen by
chance, they are the result of concerned citizens and excellent planning. Each planning decision
with regard to development of the city affects all its citizens. As some cities grow they age into
disrepair while others mature into elegant communities. The new theatre, library, college, hospital
and children's museum are excellent examples of a community aspiring to mature into "elegance."
I want to do my part to ensure the City of Temecula will be what it is today far into the future.
o Energy/Enthusiasm
o I absolutely love this town. From Wine Country to Old Town to the various other retail centers and
community parks. I am very enthusiastic about the opportunity to work with the City Council in
dealing with the very important matters of planning. Protecting the status quo is important,
however, each planning decision is an opportunity to improve the City. I realize that the City
Council is depending on the planning commission to fulfill a very important role, and that the
planning commission will reflect on the City Council that appoints it. I look forward to the hard work
and dedication that is required of this position, and as such I have the energy for the late meetings
and homework that is necessary to prepare for those meetings. I do not have out of town
responsibilities that could prevent me from important work and meetings.
WHY I BELIEVE I AM QUALIFIED TO SERVE ON THE COMMISSION
o Knowledge of Entitlement Process
o I learned about the entitlement process from my current employment which has given me a solid
base of knowledge to build upon. At Builders Capital I arrange financing for developers and
builders (mainly those that do business outside of the Temecula area). As such, I am familiar with
various planning matters such as subdivisions, speCific plans, zoning changes, resource agency
permits and other matters affecting land planning. Above all I know a good development from a
bad one and I will not allow any bad development in the City I live, work and play in.
o I am a Certified Public Accountant
o As a former Big 4 Audit Manager I have the ability to understand financial matters very well and
the underlying impact that Planning Commission decisions may have on the City. In addition,
accounting is a very methodical and detail orientated profession, as is long term planning. I look at
issues with the necessary professional skepticism to ensure that all matters brought before the
Commission receive the appropriate level of questioning to ensure adherence to established law,
codes and ordinances, and what will be just plain good for Temecula and its residents.
o Fresh Perspective
o I will also be able to provide a fresh point of view to the planning process as I do not have a
political background in Temecula and therefore do not harbor any preconceived notions about the
City, its Staff, residents, builders, developers or investors. I come to this position with an open
mind to all matters that come before the Commission with the idea of listening, learning and
ensuring the proper discussion of issues to help determine what is best for the City and its
residents.
As you can see, I have very strong ties to our community, and I want to ensure that it remains a fine place
to live for its current and future residents. If appointed to the Planning Commission I will strive to maintain
objectivity in the face of special interests to ensure a balanced approach to economic development so that
both long-term objectives and short-term benefits are taken into consideration on all issues.
Thank you for taking the time to consider my application.
Respectfully yours,
g~
Kenneith V. Rose II, CPA
J
06-06-05P12:39 RCVD
..~
e.'
. 1989.
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
www.cityoftemecula.org
(909) 694-6444
Commission Appointment
Application
P/esse Check One:
[Z]Planning c=J Community Services c=J Public Traffic Safety
Number of years as a City of Temecula Resident 1 1/2 Are you a City Registered Voter? YES
NAME: HOWARD H. SMITH OCCUPATION: SOFlWARE ENGINEER
ADPRESS: 42554 DRENNON COURT, TEMECULA. CA 92592
DAYTIME PHONE: (619)253-3881 EVENING PHONE: (951)303-0643
EMPLOYER NAME: AMERICAN SPECIAL TV HEALTH
EMPLOYER ADDRESS: 777 FRONT STREET, SAN DIEGO, CA 92101
E-MAIL FIVEMILE@MSN.COM
Educational Background/Degrees:
B.S. Information Systems
MBA University of Redlands In October 2005
List any City or County Board, Committee or Commission on which you have served and the year(s) of service:
Member - Curriculum Development Board - Southwestern College, Chula Vista, CA - 3 years
List any organizations to which you belong (professional, technical, community service):
Project Management Institute
Candidate for Crowne Hill HOA
Microsoft Certified Professional.
State why you wish to serve on this commission, and why you believe you are qualified for the position.
Please be specific. (You may attach a separa1e sheet of paper if necessary.)
Please see attached.
I understand that any or alllnforma n on this form mill( be verlfled.1 consent to the release of this Information for
public Information purposes.
Signature: Date: June 03, 2005
Please return to: City CI ~ffice, 43200 Business Pari< Drive (909) 694-6444 (OR)
Mail to: P.O. Box 9033, Temecula, CA 92589-9033
Please be aware of the advertised deadline
. .
Attachment: Howard Smith
Candidate: Planning Commission
I wish to serve on this commission for the following reasons.
. I am a team player and believe I can work with the other Commissioners
and the Temecula City council to implement developmental ideas that are
fair and equitable to all citizens.
. As a Commissioner, I will work for a well designed and flexible growth plan
for the future of Temecula. I will work for a plan that will consider the
integration of Technology, Education and Industry to support the citizens
of the city.
. I will seek funding to support development of a Science and Technology
park for Temecula.
. I will work to keep Temecula balanced between Safety, Beauty and
Cleanliness.
I believe I am qualified for the following reasons.
· I studied Geographic Information System (GIS) and I will encourage the
City to invest in Technology tools that will allow for modeling and
simulations of proposed developmental ideas and concepts before
implementation.
. As a former CEO and Owner of an International Software company, I
traveled the world and wish to share planning ideas from other countries
when appropriate.
I recently watched an episode of a televised Temecula City Council meeting
where an obviously long term resident was upset at the extension of YNEZ
road. I was particularly disappointed at her remarks directed to the Mayor
"that the Mayor should be ashamed of himself for supporting the extension
and that the Mayor was no longer welcome to her horse ranch....
As a Commissioner, I will work with the citizens to avoid such incidences.
,-
06-03-05P12:10 RCVO
City of T emecula
43200 Business Park Drive
Temecula, CA 92590
www.cityottemecula.org
(951) 694-6444
" i ":.'F~i;j~iJ~.~!~~;'ii':itlillliti~ia:-ri~di()~~-f..lii\~;iji~~I(~'6tiat~~:~',:','<; UN - 3 2005
,r~l'~'IJf~ . ,,~.)&1ilI ~'!~~.'< ,~f;V".r,'1.,,\ ,~~t,,~~j...; 'I'~' ,N"" ..o;!t,t"l: - ,'.'
. 'Cit'of'T";W.\€cu1a;lqrd;a\Bi!~sre"'';'>l';~.lhQ{'~t~'ffjt'li~i~I~'Et\otlff,S!~t~." :
. .~. .,~. .,.f,. "'" ",,' l'P'1'" "l""'~""" i1'::j;."3L,_ .~!.-'1C CLERKS DEPT.
,'-' ,,','. ,,',:,. ", :;.>',:~;:;....~.,.~,~~,,;jt~:~M.binrl~ll\::jh'i.~~_<~',""":'><'>~\~:.~:'.;",~~';,.:a/.;<~"~'" '
. '.'." ' . ";'." ~,".,__<l l,_,"';l,~_f:":'''',).>fi,:,,,~,t,,,,~t''''i,,,,:^,, -"-"~Il,,'.!t' .":,~,,,,'.4~-
,_';1, ,.,' ~- ",'11 ~.. 'r'~ .^:.);';~ rl>'j::"~ ~,l"ll );;' , '~~~~'.:(rj!,'\~":,,:';,"~~,\.:,jI'{' .",~':~.,.:t'}j;
Please Check One: V Planning Community Services Public Traffic Safety
Number of years as a City of Temecula Resident rn Are you a City Registered Voter? _
Commission AppOintment
Application
HE
IVED
NAME: R.CJmo.. 5l-ron') her'L- OCCUPATION: U(' hAtJ /ENVi'rOAJMelJ
00-.- p/"cl.IVNel"
ADDRESS: 403~ 1../ WiNdsor I'\oQ.d 7emec.v la. ca q 2.591
.
DAYTIME PHONE: 95/.544.3170 EVENING PHONE: Q51.5"44.3170
EMPLOYER NAME: R ~ l:1lJ1I, rtoAfilC/J Tft/.. (5EL/~)
EMPLOYER ADDRESS: 40384 W/ND:x;1< pj). E'MAlLroffl4S/roI.,~
tJ 4/ ,C-Co
Educational Background/Degrees: 1YIC<,Jrer 0 f cc.iQ!vcel C~ vi ,'DNJI1e~ fc../ M,tlIJaJ( .,..,eA.J1- ;
kJe5f- ec..",sf- UN} .-el'slf.t -r L I .
~,v OfEhC .srnTE tJ. - BCi.CIIa Icro ( kl-s, Q.eC>'1<<.ph'l' Ur/::J;.JJ 'PJevJNiNJj I MNS(brm"c>1I.l
List any City or County Board, Committee or Commission on which you have served and the year(s) of .
service: N/A
List any organizations to which you belong (professional, technical, community service):
AS5CC1A-nOlV d' (:NV/RCVlME/VT14l. PRoJ&'E:55ID1UA-LS ~r>
c,'(eA- .&>a:...tSf2.. ~ I f:,U..)"'>L- S~CJDAC)"->"JPLA,/e:t'-
~-\ / LDJ2.f.;.)'S Il'1/NI5r1Z...'-I 0. -I- U f.e.. C)1L)'f'd')
State why you wish to serve on this commission, and why you believe you are qualified for the position.
Please be specific.(You may attach a separate sheet of paper if necessary.)
?/eCl.se... See o..H-a.eh e..d. .
I understand that any or all Information on this form may be verified. I consent to the release of
this information for ublic Info atlon purposes.
Signature:
Please retu
Date: C/O/O 5"
I
. I Clerk's . e, 43200 Business Park Drive (951) 694-6444 (OR)
Mail to: P.O. Box 9033, Temecula, CA 92589-9033 .
PLEASE BE AWARE OF THE ADVERTISED DEADLINE
l
June 3, 2005
City of Tetnecula, Clerk's Office
43200 Business Drive
Tetnecula, California 92590
To Whom It May Concern:
My name is Roma Stromberg. I have been a City ofTemecula resident for approximately six
years. During that time, I have been active as a phnning professional in Riverside County,
San Diego County and Imperial County. Although, I have not had the opportunity to work
in the City of Temecula, I have worked on and acted as project manager for several
controversial and precedent setting phnning and environmental cases. I often read about
phnning issues in our community and I think about how I could become a part of the team
that works to solve these issues. My opportunity became quite clear when I heard of the
opening in the Phnning Commission. I believe that I have both the expertise and the desire
to assist in the pl~nning of our community. Temecula is a wonderful place to live. As such a
new community, it is very unique and our future pl~nning decisions will become more and
more critical as the City develops and matures. I would like to serve as a Planning
Commissioner, especially during this crucial period in the City's development. Thank you
for taking the time to consider my application. Please see my attached resume.
~
~/
Roma Stromberg
40384 Windsor Road
Temecula, Ca 92591
951-544-3170
l
Roma Stromberg
Principal Planner
40384 Wmdsor Road
Temecula, Ca 92591
951-544-3170
ED\PlQyment Histoo:y
Roma Environmental, Temecula California - 2003-Present
Albert A. Webb Associates, Riverside California - 1999-2003 (August)
Roma Environmental- Temecula California1996-1999
Brian Mooney Associates - 1993-1996
Jones Engineers, Inc. -1987-1993
Education
Masters of Science, Environmental Management, West Coast Univer,sity, 1995
Bachelor of Arts, Geography - Urban Planning and Transportation, San Diego State University, 1993
E~rience
Ms. Stromberg is a specialist in environmental law and has 16 years of experience worlcing directly with developers and
County and City staff members. Ms. Stromberg is currently managing the preparation of several environmental reports and
acoustic and air quality studies. She has worked in numerous counties and cities in Southern California and has both public
and private sector clients. The following examples of her work show her breadth of experience.
Rq>resentative Projects
Western Municipal Water District (WMWD) - Riverside/Corona Peeder
Ms. Stromherg acted as Project Manager for the preparation of a Program Environmental Impact Report (EIR) that
proposed a 3O-mile long distribution pipeline extending across five jurisdictions. The proposal also included a storage and
extraction agreement that would allow WMWD to store and extract State Water Project water in the San Bernardino Basin.
Ms. Stromberg not only managed the preparation of the Program ErR, bnt also had a significant role in the preliminary
design and planning of this project. Ms. Stromberg was responsible for m.n.ging the preparation of the ErR, coordination
with the client and subcontractors, management of project team members, contract administration and management of the
schedule and hudget. SilV'Hl~.nt political and environmental issues included water supply, water quality, cultural resources,
biologU:al resources and air quality.
San Bernardino Valley Municipal Water District (SBVMWD)- SBVMWD Master Plan
As project manager, Ms. Stromberg took the lead on the preparation of a Program Environmental Impact Report for the
SBVMWD Master Plan. Again, the topic of water and water distribution in the San Bematdino Basin area, proved to be
very controversial. The plan included construction of miles of pipelines, several reservoirs and tumouts. The plan also
included an "overall groundwater management program" that represented the text of the Master Plan. Ms. Stromberg was
responsible for preparation of the ErR, coordination with the client and subcontractors, management of team members,
and management of the project schedule and budget.
erestlake Residential Subdivision - San Diego County
Ma. Stromberg prepared an Environmental Impact Report for this 294 acre residential subdivision. The project was
located in rural Alpine County and as Ma. Stromberg prepared the EIR she was challenged to resolve multiple issues,
including on-site cultural resources and on-site protected plant species. Ms. Stromberg worked directly with County
pl.nn;..g staff and wildlife agencies to resolve these issues and to complete the ErR.
I
.
Roma Stromberg
Principal Planner
Resume Page 2
Seacrest Residential Subdivision - City of Encinitao
Ms. Stromberg WllS the project manager and EIR preparer for this project which proposed the subdivision of
approximately 13 acres into 4(J single family homes. The location of the project, adjacent to Quail Botanical Ganlens fired
coated controversy due to potential land use incompatibility as well as potential significant impacts related to noise,
aesthetics and traffic. Public health and safety issues were also were also of concern due to previous agricultural operations
on the project site.
CM Ranch Specific Plan - City of Calexico, Imperial County California
Ms. Stromberg prepared the Specific Plan, Acoustical Study and Air Quality Analysis for this 660 acre mixed use project.
This Specific Plan is in the exploding City ofCalexico adjacent ro the U.s./Mexican Border. Existing ambient air quality is
poor and the abundance of truck traffic was a significant consider.ltion in specific planning and air and noise modeling
Upham Commercial Rezone and General Plan Amendment EIR - City of San Marcos
Ms. Stromberg prepared an EIR for a project that proposed a rezone and general plan amendment to facilitate the
construction of approximately 387,000 square feet of commercial development. The prirruu:y environmental concerns were
related to land use, traffic and air qwility. Ms. Stromberg also prepared the Noise and Air technical studies for this project.
Wet and Wild Water Pad< - City of Poway
Ms. Stromberg conducted the air and noise technical studies for this project and wrote several sections of the EIR prepared
for this project as a subconsultant to Brian Mooney Associates. The proposal inclnded the development of a 43 acre
commercial/recreational facility to be located within the South POWlly Business Park in the City of POWllY. Land use
compatibility, traffic, noise and air qwility were the prirruu:y environmental concerns.
Professional Associations
Association of Environmental Professionals (AEP)
06-13-05 PC2:1G IN
City of T emecula
43200 Business Park Drive
Temecula, CA 92590
www.cityoflemecula.org
(909) 694-6444
Commission Appointment
Application
RECEIVED
. . .For p~r conslderaUon, 'you1l1ust CU"'lntly be a resident of the .
. City of Temacula .and a ~Istered Voter In the elt): of T~ula
UN 1 3 2005
CITY CLERKS DEPT.
,.Ie... Check One:
~Plannlng c=J Community Services c=J Public TraffIc Safety
Number of years as a City of Temecula Resident ~_ Are you a City Registered Voter? Yes
NAME: John R. Williams
ADDRESS: 29568 Courtney Place
DAYTIME PHONE: 951-676-3057
OCCUPATION: Insurance Agency Owner
"J l.S'j I
EVENING PHONE: 951-551-0304
EMPLOYER NAME: Farmers Insurance & Financial Services
EMPLOYER ADDRESS: 27740 Jefferson Ave Temecula, Ca 92590
.
E-MAIL JWilliams7@FarmersAgent.com
Educational Background/Degrees:
Bachelor of Arts in Liberal Arts and Sciences, Political Sciences
San Diego Slate University
List any City or County Board, Committee or Commission on which you have served and the year(s) of service:
San Diego Slate University Committee on Housing and Urban Development
Executive Board Officer San Diego Slala University Extemal Affairs
List any organizations to which you belong (professional, technical, community service):
Temecula Valley Chamber of Commerce Ambassador, Business Intemational Networking of Temecula Vice
Chair.
State why you wish to serve on this commission, and why you believe you are qualified for the position.
Please be specific. (You may attach a separate sheet of paper if necessary.)
As a resident ofTemecula with Family roots from 1980, I have seen the growth and the demand for public
service. Growing up in Laguna Beach and SElIVing the city for seven years I have first hand knowledge how
growth affects a city. My experiences, and involvement in growing communities will serve as a looking glass out
side the paradigm of Temecula. Assisting with Traffic in Laguna Beach and Urban redevelopment in San Diego
are some areas of expertise that may provide a benefit to my community.
I understand that any or alllnfonnatlon on this form may be verified.' consent to the release of !hIs Information for
public Info n pu
Pate: 0" f -O{)~
. I Clerk's Office, 43200 Business Park Drive (900) 694-6444 (OR)
Mail to: P.O. Box 9033, Temecula, CA 92589-9033
Please be aware of the advertised deadline
ITEM 20
APPROVAL ,/1f{j
CITYATTORNEY ~
DIRECTOR OF FINA
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Susan W. Jones
City Clerk/Director of Support Services
DATE:
July 12, 2005
SUBJECT:
Old Town Local Review Board Appointments
PREPARED BY:
Cheryl Domenoe, Administrative Assistant CfJ
RECOMMENDATION: Appoint three applicants to serve full three-year terms (two regular and
one alternate) on the Old Town Local Review Board.
BACKGROUND: There are currently three full terms available (two regular and one alternate) on
the Old Town Local Review Board. These positions are through June 15, 2008. The terms of
Committee Members Walt Allen, Peg Moore, and alternate member Fred Perkins expired on May
15,2005. The available positions were advertised and posted in accordance with the City Council's
adopted policy and procedure for making appointments and reappointments.
Three applications were received and forwarded to the Council Subcommittee consisting of Mayor
Comerchero and Councilmember Edwards. After review of the applications, both Mayor
Comerchero and Councilmember Edwards have recommended the reappointment of
Commissioners Walt Allen and Peg Moore for full three-year regular positions and the appointment
of John Williams for the full three-year alternate position. All positions are through June 15, 2008.
All applicants are registered voters. It is not a requirement of this committee to be a resident of the
City of Temecula.
Attached are copies of the applications received by the filing deadline of June 13, 2005.
ATTACHMENT: Copies of Applications for Appointment
Agenda Reports\Appointment Old Town Local Review Board
RECEIVED
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
www.cityoftemecula.org
(951) 694-6444
MAY 2 5 2005
Old Town Local RevtmYCL KS DEPT.
Board Application
, fO~~fo{l~r",~o!1~~~~~~#orij:*?~',~~si~u~~,~~~~Y.b~;a;~,#iS:W~d :~~t~r" .
Temecula Resident? Jo If yes, number of years _ Are you a Registered Voter? i65
NAME:
ADDRESS: ~ I
DAYTIME PHONE: I
EMPLOYER NAME: J,a.,t
EMPLOYER ADDRESS: "5'
OCCUPATION:
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EVENING PHONE: ~
5 . E-MAIL
Educational Background/Degrees:
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List any City or County Board, Committee or Commission on which you have served and the year(s) of
service:
OLD -rcwJ ~ raJ ~1) \ 'I '10-1 ~ '?
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List any organizations to which you belong (professional, technical, community service):
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State why you wish to serve on this commission, and why you believe you are qualified for the position.
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or- Eff'6\2..l(~ ~ I\N ~(recrcJ~ 1?~'€C(rJc 'W r~E MEEliNbS'.
I understand that ny or II information on this form may be verified. I consent to the release of
this Informatio r b . rmation purposes. ~
Signature: Date: '()I) 1...1/ 0 'i
Pleas return to: City Clerk's Office, 43200 Business Park Drive (951) 69 444 J(OR)
Mail to: P.O. Box 9033, Temecula, CA 92589-9033
PLEASE BE AWARE OF THE ADVERTISED DEADLINE
06-06-05P12:09 RCVO
City of T emecula
43200 Business Park Drive
Temecula, CA 92590
www.cityoflemecula.org
(909) 694-6444
Old Town Local Rev;ew
Board Applicat;on
EIVED
JUN ~ 6 2005
For proper consideration, you must currently be a Registered Voter
C TY CLERKS DEPT.
Temecula Resident? YES If yes, number of years ~ Are you a Registered Voter? YES
NAME: PEG MOORE OCCUPATION: RETIRED
ADDRESS:
DAYTIME PHONE: ( EVENING PHONE: SAME
N fA
EMPLOYER NAME:
EMPLOYER ADDRESS: Nf A
E-MAIL
Educational Background/Degrees:
Masters of Administrative Science, The Johns Hopkins University
Bachelor of Science, Accounting Major, University of Baltimore
3 years in Home Economics: Retailing Apparel and Home Furnishings, University of Illinois
List any City or County Board, Committee or Commission on which you have served and the year(s) of
service:
Please see attached sheet.
List any organizations to which you belong (professional, technical, community service):
Please see attached sheet.
State why you wish to serve on this commission, and why you believe you are qualified for the position.
Please be specific. You may attach a separate sheet of paper if necessary.)
Please see attached sheet.
I understand that any or all information on this form may be verified. I consent to the release of
this information for public information purposes.
Signature: ~t, ff) frl1.L Date: ~ h, /05
Please re urn to: City Clerle's Office, 43200 Business Parle Drive (909) 694-6444 (OR)
Mail to: P.O. Box 9033, Temecula, CA 92589-9033
PLEASE BE AWARE OF THE ADVERTISED DEADLINE
City or County Boards, Committees or Commissions served:
Temecula Old Town Local Review Board 2002 - Current
Temecula City Civic Center Architectural Selection Committee 2004
Ronald Reagan Sports Park Board Secretary 2004 - Current
Temecula Valley Museum Docent 2003 - Current
Temecula Citizens Corps Co-Program Administrator 2002 - 2004
Temecula City Councilmember 1989 - 1992
Temecula Redevelopment Agency 1989 - 1992, Chair 1991
Temecula Community Services District 1989 -1992, Vice President 1991
Temecula City Committees 1989 - 1992:
Airport
Finance
Design Standards
Integrated Waste Management
Public WorkslFacilities
Old Town Planning Chair
The City Committee for Incorporation Secretary 1988 - 1989
Organizations Served:
Temecula/Murrieta Kiwanis Club 2003 - Current, Board 2004 - Current
Alternatives to Domestic Violence Board 2002 - Current, Treasurer 2004 - Current
A Volunteer Center of Riverside County's Volunteer of the Year 2005
Temecula ADV Advisory Committee 2003 - Current
Temecula Valley Chamber of Commerce 1986 - 1992, 2001 - Current, Governmental
Action Committee 2001 - 2005, Legislative Summit Committee 2003 - 2004,
Governmental Affairs Committee 1987 -1989, Chair 1988 -1989, Ambassador
1988 -1989, Member of the Year Nominee 1988, Business of the Year Nominee
1987, Balloon and Wine Fest Committee 1987 - 1992
Temecula Convention and Visitors Bureau Legislative Committee 2005 - Current
Musicians Workshop Board Advisor 2004 - Current
Temecula Valley Historical Society Member 2001 - Current
Temecula Valley Arts Council Member 2002 - Current, Board Assistant Treasurer 2004
- 2005
Temecula Friends of the Library Life Member 2001 - Current
Temecula Valley Wine Society Member 1987 -1992, 2001- Current
Riverside International Wine Competition Volunteer 2002 - Current
Rancho Temecula Exchange Club Member 1987 -1992, Treasurer 1989 - 1992
Temecula Town Association Member 1986 - 1992
TemeculaPlayhouse Board 1988 -1992
Sam Hicks Monument Park Board 1987 - 1989
The reasons I believe I am qualified, and desire, to serve on the Old Town Local Review
Board are:
I think that Temecula's Old Town is a great economic benefit to the City, and wish to see
that it continues to attract quality development, maintains its historical integrity, and
remains a major tourist attraction within the City. I firmly believe in preserving
Temecula's history and sharing it with our citizens and tourists alike. I appreciate being a
part of the Civic Center guiding force, and believe I have a unique position in
understanding the physical needs of city government, the philosophy of Temecula, its
heritage, and where the edifice will fit into the development of our Old Town.
I love the City of Temecula and would like to continue be part of the force that makes
this city the best place in the world to live, work and play.
06-13-05 P02:16 IN
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
www.cityoftemecula.org
(909) 694-M44
Old Town Local Review
Board Application
CEIVED
For proper consideration, you must currently be a Registered Voter
JUN 1 3 2005
,
CITY CLERK:", ...ePT.
Temecula Resident? Yes If yes, number of years L Are you a Registered Voter? Yes
NAME)ohn R. Williams OCCUPATION: Ins. Agency Owner
ADDRESS:
DAYTIME PHONE: EVENING PHONE:
EMPLOYER NAME: Farmers Insurance & Financial Solutions
EMPLOYER ADDRESS: 27740 Jefferson 250 E-MAIL
Educational Background/Degrees:
Bachelor of Arts in liberal Arts and Sciences, Political Science
San Diego State University
List any City or County Board, Committee or Commission on which you have served and the year(s) of
service:
San Diego State University Committee on Housing and Urban Development
Executive Board Officer San Diego State University External Affairs
List any organizations to which you belong (professional, technicel, community service):
Temecula Valley Chamber of Commerce Ambassador
Business International Networking of Temecula Vice Chair
State why you wish to serve on this commission, and why you believe you are qualified for the position.
Please be specific. You may attach a separate sheet of paper if necessary.)
Old town is the heart of Temecula. My prior sets on similar boards had the same objective.
Bring back the locals. make the area a place to eat, shop, and relax. We revamped San
Diego State, and the changes we significant. I belive my knowledge and input will be of
great service to the commission, and to the people of Temecula.
I understand that any or alllnfonnatlon on this fonn may be verified. I consent to the release of
this Infonnat! fo pub Infonnatlon pu sea. /07
:r-Ufi Date: C(b-3-tJS
. 'ity Clerk's Office. 43200 Business Park Drive (909) 694-6444 (OR)
Mail to: P.O. Box 9033. Temecula, CA 92589-9033
PLEASE BE AWARE OF THE ADVERTISED DEADLINE