HomeMy WebLinkAbout092507 CC Agenda
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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
SEPTEMBER 25, 2007 - 7:00 PM
At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items
can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which
additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M.
6:15 P.M. - Closed Session of the City Council pursuant to Government Code
Section:
1. Conference with real property negotiator pursuant to Government Code
Section 54956.8 regarding the following real property:
(a) Real property owned by Aquiport Amsdell, which is commonly
known as 44618 Pechanga Parkway, Temecula, and identified as Riverside
County Assessor's Parcel Number 961-010-009. City of Temecula negotiators are
Paula Baeza of the City Attorney's Office; Amer Attar, Principal Engineer; and
Carol Chiodo, Property Agent, regarding instructions to negotiators concerning
price and terms. The City negotiator may negotiate with the property owner
Aquiport Amsdell.
(b) Real property owned by Arthur and Julia Gaitan, which is
unimproved land located on Pechanga Parkway, Temecula, and identified as
Riverside County Assessor's Parcel Number 961-010-022. City of Temecula
negotiators are Paula Baeza of the City Attorney's Office; Amer Attar, Principal
Engineer; and Carol Chiodo, Property Agent, regarding instructions to
negotiators concerning price and terms. City negotiator may negotiate with the
property owners Arthur and Julia Gaitan.
(c) Real property owned by Temecula Creek RV Storage, which is
commonly known as 44526 Pechanga Parkway, Temecula, and identified as
Riverside County Assessor's Parcel Number 961-010-024. City of Temecula
negotiators are Paula Baeza of the City Attorney's Office; Amer Attar, Principal
Engineer; and Carol Chiodo, Property Agent, regarding instructions to
negotiators concerning price and terms. City negotiator may negotiate with the
property owner Temecula Creek RV Storage.
(d) Real property owned by Stephen Sweatt and Andrea Lovvorn,
which is commonly known as 45009 Muirfield, Temecula, and identified as
Riverside County Assessor's Parcel Number 961-042-001. City of Temecula
negotiators are Paula Baeza of the City Attorney's Office; Amer Attar, Principal
Engineer; and Carol Chiodo, Property Agent, regarding instructions to
negotiators concerning price and terms. City negotiator may negotiate with the
property owners Stephen Sweatt and Andrea Lovvorn.
(e) Real property owned by Mike and Beverly Siow, which is commonly
known as 44975 Trotsdale Drive, Temecula, and identified as Riverside County
Assessor's Parcel Number 961-042-004. City of Temecula negotiators are Paula
Baeza of the City Attorney's Office; Amer Attar, Principal Engineer; and Carol
Chiodo, Property Agent, regarding instructions to negotiators concerning price
and terms. City negotiator may negotiate with the property owners Mike and
Beverly Siow.
Public Information concerning existing litigation between the City and various
parties may be acquired by reviewing the public documents held by the City
Clerk.
Next in Order:
Ordinance: 07-12
Resolution: 07-73
CALL TO ORDER:
Mayor Chuck Washington
Prelude Music:
Shanti Ryle
Invocation:
Pastor John Ruhlman of Life Church
Flag Salute:
Council Member Comerchero
ROLL CALL:
Comerchero, Edwards, Naggar, Roberts, Washington
PRESENTA TIONS/PROCLAMA TIONS
Chaparral Hiqh School - Celebratinq a Decade of Excellence Proclamation
PUBLIC COMMENTS
A total of 30 minutes is provided so members of the public may address the Council on
items that appear within the Consent Calendar or ones that are not listed on the agenda.
Speakers are limited to two (2) minutes each. If you desire to speak to the Council on
an item which is listed on the Consent Calendar or a matter not listed on the agenda, a
pink "Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
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For all Public Hearing or Council Business matters on the agenda, a "Request to Speak"
form must be filed with the City Clerk prior to the Council addressing that item. There is
a five minute (5) time limit for individual speakers.
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made at
this time. A total, not to exceed, ten (10) minutes will be devoted to these reports.
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless Members
of the City Council request specific items be removed from the Consent Calendar for
separate action.
1 Standard Ordinance and Resolution Adootion Procedure
RECOMMENDATION:
1 .1 Motion to waive the reading of the text of all ordinances and resolutions infcluded in
the agenda.
2 Minutes
RECOMMENDATION:
2.1 Approve the minutes of September 11, 2007.
3 List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
4 Purchase and Sale Ameement for Certain Prooertv Riqhts on Prooertv Located at 45024
Muirfield Drive
RECOMMENDATION:
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4.1 Approve substantially in the form attached hereto the Purchase and Sale
Agreement between the City of Temecula and Christopher and Tammy Mitchell, for
the purchase of an approximate 5,280 square foot permanent easement and an
approximate 80 square foot area in fee for the widening of Pechanga Parkway at a
purchase price of $6,500.00 plus escrow fees;
4.2 Authorize the Finance Department to disburse the amount of $6,500 to cover the
cost of the easements plus the associated escrow fees not to exceed $1,000.00;
4.3 Authorize the Mayor to execute the Purchase and Sale Agreement, approve and
execute any necessary documents, and to take all necessary actions to complete
this acquisition, including without limitation, all escrow instructions.
5 French Vallev Interchanqe Proiect - Joint Resolution with the Citv of Murrieta
RECOMMENDATION:
5.1 Adopt a resolution entitled:
RESOLUTION NO. 07-
A JOINT RESOLUTION OF THE CITY COUNCILS OF THE CITIES OF
TEMECULA AND MURRIETA RECOGNIZING THE REGIONAL SIGNIFICANCE
OF THE PLANNED FRENCH VALLEY PARKWAY IINTERSTATE-15 OVER-
CROSSING AND INTERCHANGE IMPROVEMENTS PROJECT AND
COMMITTING TO WORK TOGETHER TO EXPEDITIOUSLY DELIVER THE
PROJECT
6 License Ameement for the TEAM Communitv Pantrv
RECOMMENDATION:
6.1 Approve a First Amendment to the License Agreement between the City of
Temecula and the Global Community Foundation to terminate the Agreement;
6.2 Approve the License Agreement between the City of Temecula and the TEAM
Community Pantry to maintain a modular office building and storage containers at
the Temecula Community Center in a monthly amount of $1,100 ($13,200)
annually) .
7 First Amendment to the Non-Exclusive Purchase Ameement for the Traffic Siqnallnstallation
at Rancho California Road and Business Park Drive. West - Proiect No. PW07-02
RECOMMENDATION:
7.1 Approve the First Amendment with McCain Traffic Supply, Inc. to provide a Traffic
Signal Controller, Cabinet and Battery Back-Up System for the Traffic Signal
Installation at Rancho California Road and Business Park Drive West - Project No.
PW07-02 - for an amount not to exceed $12,053.99 and authorize the Mayor to
execute the amendment.
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8 Amendment NO.1 to Verizon Cable Franchise
RECOMMENDATION:
8.1 Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING AND AUTHORIZING THE EXECUTION OF AMENDMENT NO.1 TO
THE NONEXCLUSIVE CABLE FRANCHISE AGREEMENT BETWEEN THE CITY
AND VERIZON CALIFORNIA, INC.
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
CSD PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Board of
Directors on items that are not listed on the agenda or on the Consent Calendar.
Speakers are limited to two (2) minutes each. If you decide to speak to the Board of
Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to
Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please come
forward and state your name and address for the record.
CSD CONSENT CALENDAR
9 Minutes
RECOMMENDATION:
9.1 Approve the minutes of September 11, 2007.
10 Acceptance of Landscape Bonds and Aqreement for Parcel Map No. 23496 - Auto Mall
Landscaoed Medians
RECOMMENDATION:
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10.1 Accept the surety bonds and agreement from Indemnity Company of California to
construct landscaped medians along Ynez Road between Rancho California and
Solana Roads.
11 Ameement Between the Citv of Temecula and MuniFinancial for Service Level C Election
Services
RECOMMENDATION:
11.1 Approve the Agreement between the Temecula Community Service District and
MuniFinancial for Service Level C Election Services in the amount of $35,510.00.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGERS REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
TEMECULA REDEVELOPMENT AGENCY MEETING
RDA PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the
Redevelopment Agency on items that are not listed on the agenda or on the Consent
Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the
Board of Directors on an item not on the agenda or on the Consent Calendar, a pink
"Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please come
forward and state your name and address for the record.
RDA CONSENT CALENDAR
12 Minutes
RECOMMENDATION:
12.1 Approve the minutes of September 11, 2007.
RDA DEPARTMENTAL REPORT
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13 Redevelooment Deoartmental Monthlv Reoort
RDA EXECUTIVE DIRECTORS REPORT
RDA AGENCY MEMBERS REPORTS
RDA ADJOURNMENT
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.
14 Prooosed Noise Ordinance addinq Chaoter 9.2 to Title 17 of the Temecula Municioal Code_
RECOMMENDATION:
14.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ADDING CHAPTER 9.20 TO THE TEMECULA MUNICIPAL CODE
ESTABLISHING CITYWIDE STANDARDS FOR REGULATING NOISE
15 Develooment Ameement. General Plan Amendment. Tentative Tract Mao. and Develooment
Plan with a Minor Exceotion for a 608.934 square foot industrial buildinq on 32 acres. and
for the future develooment of the remaininp 52 acres to include industrial. commercial.
retail. hiqh-densitv residential. and/or public institutional facilitv land uses. In addition. the
oroiect includes an Ooeratinq Covenant Ameement that outlines incentives relatinq to this
exoansion.
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING A MITIGATED NEGATIVE DECLARATION FOR THE TEMECULA
PROPERTIES LLC/PROFESSIONAL HOSPITAL SUPPLY PROJECT ON AN 84-
ACRE SITE LOCATED AT THE NORTHWEST CORNER OF DENDY PARKWAY
AND WINCHESTER ROAD AS A FUTURE SPECIFIC PLAN AREA (APN 909-
370-018 AND 909-370-032) WHICH CONSISTS OF PLANNING APPLICATIONS
NO. PA07-0048, A GENERAL PLAN AMENDMENT; PA07-0220, A
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DEVELOPMENT AGREEMENT; PA06-0370, A TENTATIVE MAP; AND PA06-
0369, PA07-0090, A DEVELOPMENT PLAN WITH A MINOR EXCEPTION
15.2 Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING A GENERAL PLAN AMENDMENT TO TABLE LU-5 OF LAND USE
ELEMENT TO DESIGNATE AN 84-ACRE SITE LOCATED AT THE NORTHWEST
CORNER OF DENDY PARKWAY AND WINCHESTER ROAD AS A FUTURE
SPECIFIC PLAN AREA (APN 909-370-018 AND 909-370-032) PLANNING
APPLICATION NO. PA07-0048
15.3 Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING A TENTATIVE TRACT MAP (TTM 35181) TO SUBDIVIDE AN
APPROXIMATE 84-ACRE SITE INTO FIVE PARCELS, FOUR DEVELOPABLE
LOTS AND ONE SLOPE AND EASEMENT PARCEL, LOCATED AT THE
NORTHWEST CORNER OF DENDY PARKWAY AND WINCHESTER ROAD
(APN 909-370-018 AND 909-370-032) PLANNING APPLICATION NO. PA06-0370
15.4 Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING A DEVELOPMENT PLAN TO CONSTRUCT A THREE-STORY,
608,934 SQUARE FOOT INDUSTRIAL DISTRIBUTION BUILDING ON AN
APPROXIMATE 32-ACRE SITE GENERALLY LOCATED AT THE NORTHWEST
CORNER OF DENDY PARKWAY AND WINCHESTER ROAD, AND A MINOR
EXCEPTION TO ALLOW FOR A ONE PERCENT BUILDING HEIGHT INCREASE
FROM 50' TO 50'8" (APN 909-370-018 AND 909-370-032) PLANNING
APPLICATIONS NO. PA06-0369 AND PA07-0090
15.5 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING A DEVELOPMENT AGREEMENT BETWEEN TEMECULA
PROPERTIES, LLC, PROFESSIONAL HOSPITAL SUPPLY, INC., AND THE CITY
OF TEMECULA FOR AN APPROXIMATE 84-ACRE SITE GENERALLY
LOCATED AT THE NORTHWEST CORNER OF DENDY PARKWAY AND
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WINCHESTER ROAD IN THE CITY OF TEMECULA (APN 909-370-018 AND 909-
370-032) PLANNING APPLICATION NO. PA07-0220
15.6 Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THAT CERTAIN AGREEMENT ENTITLED OPERATING
COVENANT AGREEMENT (PROFESSIONAL HOSPITAL SUPPLY) BY AND
BETWEEN THE CITY OF TEMECULA AND PROFESSIONAL HOSPITAL
SUPPLY, INC.
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY/TEMECULA PUBLIC FINANCING
AUTHORITY BUSINESS
16 Issuance of Tax Allocation Bonds b\( the Redevelooment Aqencv of the Citv of Temecula for
the Temecula Redevelooment Proiect NO.1
RECOMMENDATION:
16.1 That the City Council adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THE ISSUANCE BY THE REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA OF TAX ALLOCATION BONDS
16.2 That the Temecula Redevelopment Agency adopt a resolution entitled:
RESOLUTION NO. RDA 07-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AUTHORIZING THE
ISSUANCE AND SALE OF TAX ALLOCATION BONDS IN CONNECTION WITH
TEMECULA REDEVELOPMENT PROJECT NO.1, AND APPROVING RELATED
DOCUMENTS AND ACTIONS
16.3 That the Temecula Public Finance Authority adopt a resolution entitled:
RESOLUTION NO. TPFA 07-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC
FINANCING AUTHORITY AUTHORIZING THE PURCHASE AND SALE OF TAX
ALLOCATION BONDS OF THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA, AND APPROVING OTHER MATTERS RELATED THERETO
DEPARTMENTAL REPORTS
g
17 Economic Develooment Deoartment Monthlv Reoort
18 Citv Council Travel/Conference Reoort - Auqust 2007
19 Buildinq and Safetv Deoartment Monthlv Reoort
20 Planninq Deoartment Monthlv Reoort
21 Public Works Deoartment Monthlv Reoort
22 Police Deoartment Monthlv Reoort
CITY MANAGER REPORT
CITY ATTORNEY REPORT
ADJOURNMENT
Next regular meeting: City Council Regular, Tuesday, October 9, 2007, at 5:30 P.M., for a
Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 43200
Business Park Drive, Temecula, California.
10
PROCLAMA TIONS
AND
PRESENTATIONS
The City of Temecula
PROCLAMATION
WHEREAS, Chaparral High School is the Home of Scholars & Champions; and
WHEREAS, we honor the occasion of Chaparral High School's 10th anniversary; and
WHEREAS, Chaparral High School was charted by the Temecula Unified School District in August 1997; and
WHEREAS, Chaparral High School strives to provide a safe, supportive environment; innovative, exceptional
programs; and rigorous, relevant educational standards; and
WHEREAS, Chaparral High School strives to provide literacy for all students; to offer competent and caring
staff; and to instill effective communication, collaboration, and decision-making skills; and
WHEREAS, Chaparral High School is committed to modeling and fostering socially responsible behavior and
helping all students reach their potential; and
WHEREAS, the mission of Chaparral High School is to empower students to become lifelong learners, who are
literate, ethical, and responsible citizens, and who embrace challenges as opportunities in the 21 st Century.
NOW, THEREFORE, I, Chuck Washington, on behalf of the City Council of the City of Temecula, hereby
proclaim the first week of October, 2007, to be
"Chaparral High School"
"Celebrating a Decade of Excellence Week"
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Seal of the City of T emecula to be affixed
this twenty-fifth day of September, 2007.
Chuck Washington, Mayor
Susan W. Jones, MMC, City Clerk
CONSENT CALENDAR
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MINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
SEPTEMBER 11, 2007
The City Council at commenced at 7:00 p.m., on Tuesday, September 11, 2007, at the
Temecula Duck Pond, 28250 Rancho California Road, Temecula, California.
Present:
Council Members:
Comerchero, Edwards, Naggar, Roberts, and
Mayor Washington
Absent:
Council Members:
None.
PRELUDE MUSIC
The prelude music was provided by Great Oak High School Band.
INVOCATION
The invocation was provided by Rabbi Yitzchok Hurwitz of Chabad of Temecula Valley.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Council Member Comerchero.
PRESENTA TIONSIPROCLAMA TIONS
Certificate of Achievement oresented to Garrick Alan Davies for attaininc the rank of Eacle
Scout
Congratulating Garrick Alan Davies for achieving the rank of Eagle Scout, Council Member
Edwards presented him with an award and wished him success in his future accomplishments.
Garrick Alan Davies thanked the City Council for its recognition.
Master Chief Rich Strehl Da\l
On behalf of the City Council, Mayor Washington presented Master Chief Strehl with a
proclamation, proclaiming August 24, 2007, to be Master Chief Rich Strehl Day.
Accepting the proclamation, Mr. Strehl thanked the City Council for its recognition.
On behalf of the First Reconnaissance Battalion, Sergeant Daniel Bishop, Corporal Jordan
Sayers, and Corporal Edward Wilson presented the City with a flag that was flown over Camp
Fallugia, Iraq.
Mayor Washington, on behalf of the Council, thanked the First Reconnaissance for the honor.
PUBLIC COMMENT
No comments.
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CITY COUNCIL REPORTS
No reports at this time.
CONSENT CALENDAR
1 Standard Ordinance and Resolution Adootion 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 August 21, 2007;
2.2 Approve the minutes of August 28, 2007.
3 Resolution aoorovina List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 07-72
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 Reoort as of Julv 31. 2007
RECOMMENDATION:
4.1 Approve and file the City Treasurer's Report as of July 31, 2007.
5 Financial Statements for the Fiscal Year Ended June 30. 2007
RECOMMENDATION:
5.1 Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2007;
5.2 Decrease Transfers Out in the Development Impact Fund and Transfers in the
Capital Improvement Fund in the amount of $509,976.
RIMinuteslOg1107
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6 Third Amendment to a Professional Services Allreement for the Main Street Bridae Over
Murrieta Creek (Reolacement) Proiect No. PW03-05
RECOMMENDATION:
6.1 Approve the Third Amendment to the agreement with Simon Wong Engineering in
an amount not to exceed $322,305.00 for additional services necessary to complete
the Plans, Specifications and Estimate (PS&E) and the Environmental Document for
the Main Street Bridge Over Murrieta Creek (Replacement) - Project No. PW03-05;
and authorize the Mayor to execute the amendment;
6.2 Authorized the City Manager to approve Extra Work Authorizations not to exceed
the contingency amount of 10% of the amendment ($32,230.50).
7 Amendment NO.1 to Aareement for Consultant Services Aareement between the Citv of
Temecula and David Turch & Associates for Federal Lobbvist Service
RECOMMENDATION:
7.1 Approve an amendment for Federal legislative services to be provided by David
Turch & Associates in the amount of $40,200 for the FY 07/08 operating budget.
8 First Amendment to Aareement for Consultant Services between the Citv of Temecula and
Albert A. Webb and Associates for the Santa Maraarita Ecoloaical Reserve Area
Annexation Environmentallmoact Reoort
RECOMMENDATION:
8.1 Approve the first amendment to the agreement between the City of Temecula and
Albert A. Webb and Associates for the Santa Margarita Ecological Reserve Area
Environmental Impact Report for an additional $30,000.
9 Amendment NO.1 to Food and Beveraae Sales Aareement with A&B Desert Services DBA
"Grounds for Hire"
RECOMMENDATION:
9.1 Approve Amendment NO.1 to the Food and Beverage Sales Agreement with A&B
Desert Services DBA "Grounds for Hire", removing the operations of the coffee cart
at the Old Town Temecula Community Theater from the agreement.
MOTION: Council Member Comerchero moved to approve the Consent Calendar. Council
Member Edwards seconded the motion and voice vote reflected unanimous aooroval.
CITY MANAGER REPORT
No report at this time.
CITY ATTORNEY REPORT
With respect to Closed Session, City Attorney Thorson advised that there was no Closed
Session and, therefore, no formal action to report.
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ADJOURNMENT
At 7:30 p.m. the City Council meeting was formally adjourned to Tuesday, September 25, 2007,
at 5:30 p.m. for a Closed Session, with regular session commencing at 7:00 p.m. City Council
Chambers, 43200 Business Park Drive, Temecula , California.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
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Approvals
City Attorney
Director of Finance
City Manager
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CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Genie Roberts, Director of Finance
DATE:
September 25, 2007
SUBJECT:
List of Demands
PREPARED BY:
Pascale Brown, Accounting Manager
Leah Thomas, Accounting Specialist
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
BACKGROUND: All claims and demands are reported and summarized for review and
approval by the City Council on a routine basis at each City Council meeting. The attached claims
represent the paid claims and demands since the last City Council meeting.
FISCAL IMPACT: All claims and demands were paid from appropriated funds or
authorized resources of the City and have been recorded in accordance with the City's policies and
procedures.
ATTACHMENTS:
Resolution
List of Demands
RESOLUTION NO. 07-
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 HEREBY RESOLVE
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, has been reviewed by the City Manager's Office and
that the same are hereby allowed in the amount of $3,554,939.57.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 25th day of September , 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 25th day of September , 2007, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
CITY OF TEMECULA
LIST OF DEMANDS
09/06/2007 TOTAL CHECK RUN: $ 1,911,465.72
09/13/2007 TOTAL CHECK RUN: 1,154,648.03
09/06/2007 TOTAL PAYROLL RUN: 488,825.82
TOTAL LIST OF DEMANDS FOR 09/25/2007 COUNCIL MEETING: $ 3,554,939.57
DISBURSEMENTS BY FUND:
CHECKS:
001 GENERAL FUND $ 775,555.95
165 RDADEV-LOW/MOD SET ASIDE 55,322.20
190 COMMUNITY SERVICES DISTRICT 248,608.77
192 TCSD SERVICE LEVEL B 63,184.05
193 TCSD SERVICE LEVEL C 4,885.55
194 TCSD SERVICE LEVEL D 5,965.04
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 6,823.75
197 TEMECULA LIBRARY F1JND 13,333.68
210 CAPITAL IMPROV PROJ FUND 1,293,637.58
280 REDEVELOPMENT AGENCY - CIP PROJECT 19,533.76
300 INSURANCE FUND 3,473.28
320 INFORMATION SYSTEMS 82,322.25
330 SUPPORT SERVICES 4,118.24
340 FACILITIES 36,789.57
380 RDA - DEBT SERVICE 6,350.00
390 TCSD 2001 COP'S DEBT SERVICE 374,463.43
477 CFD- RORIPAUGH 71,746.65
$ 3,066,113.75
001 GENERAL FUND $ 321,247.29
165 RDA LOW/MOD - 20% SET ASIDE 5,565.25
190 TEMECULA COMMUNITY SERVICES DISTRICT 111,422.79
192 TCSD SERVICE LEVEL B 118.10
193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 5,714.52
194 TCSD SERVICE LEVEL D 866.20
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 555.27
197 TEMECULA LIBRARY FUND 380.57
280 REDEVELOPMENT AGENCY - CIP PROJECT 3,515.26
300 INSURANCE FUND 1,279.65
320 INFORMATION SYSTEMS 27,410.19
330 SUPPORT SERVICES 3,429.31
340 FACILITIES 7,321.42
488,825.82
TOTAL BY FUND: $ 3,554,939.57
apChkLst Final Check List Page: 1
09/0612007 2:40:41 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
923 08130/2007 005460 U S BANK Debt Service Payment 71,746.65 71,746.65
924 09/06/2007 000245 PERS - HEALTH INSUR PREMIUM PERS Health Admin Cost Payment 76,696.03
Blue Shield HMO Payment 0.00 76,696.03
925 09/06/2007 000444 INSTATAX (EDD) State Disability Ins Payment 22,238.70 22,238.70
926 09/06/2007 000283 INSTATAX (IRS) Federal Income Taxes Payment 89,381.13 89,381.13
927 09/06/2007 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 24,343.27 24,343.27
SOLUTION
928 09/06/2007 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 123,823.24 123,823.24
RETIREMENT)
929 09/06/2007 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 4,404.62 4,404.62
NATIONWIDE RETIREMENT
930 09/06/2007 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 9,809.80 9,809.80
118324 09/06/2007 009622 A & B DESERT SERVICES coffee cart concession equip 3,568.79 3,568.79
118325 09/06/2007 003552 AFLAC AFLAC Cancer Payment 2,981.16 2,981.16
118326 09/06/2007 001700 A PLUS TEACHING MATERIALS misc supplies:tiny tot pgrm 44.58 44.58
118327 09/06/2007 001916 ALBERT A WEBB ASSOCIATES Jul cnslt svcs:Santa Mgita Eco 20,230.00
Jul cnslt svcs:Santa Mgita Eco 14.48 20,244.48
118328 09/06/2007 009374 ALLEGRO MUSICAL VENTURES Theater piano tuning/maint svcs 135.00 135.00
118329 09/06/2007 003821 ALLSTAR FIRE EQUIPMENT equip repair/maint: stn 84 645.34 645.34
118330 09/06/2007 009767 AL TA LOMA CHARTER INC arts pgm transportation:Getty Ctr 984.50 984.50
118331 09/06/2007 011004 AMERICAN ASPHALT SOUTH INC Aug slurry seal svc:Meadowview 33,697.13 33,697.13
118332 09/06/2007 000747 AMERICAN PLANNING mb: Brown, Steve 10/07-9/08 465.00 465.00
ASSOCIATION
Page:1
apChkLst Final Check List Page: 2
09/0612007 2:40:41 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118333 09/06/2007 000101 APPLE ON E INC temp help ppe 8/11 Tocol, Y 425.88
temp help ppe 8/18 Welton, P 114.66
temp help ppe 8/11 Jama, F 65.52 606.06
118334 09/06/2007 001323 ARROWHEAD WATER INC Bottled wtr svcs: City Hall 523.12
Bottled wtr svcs: Maint Facility 488.80
Bottled wtr svcs: CRC 137.16
Bottled wtr svcs: Library 72.49
Bottled wtr svcs: Ch Museum 45.11
Bottled wtr svcs: Theater 42.92
Bottled wtr svcs: City Hall 42.01
Bottled wtr svcs: Museum 30.29
Bottled wtr svcs: TCC 19.30
Bottled wtr svcs: Skate Park 8.61 1,409.81
118335 09/06/2007 002648 AUTO CLUB OF SOUTHERN Membership: Nelson, Shawn 76.00
CALIF
new mb: Gonzales, Gustava 67.00
Membership: Shabec, Rudy 47.00
Membership: Nordgren, Karl 47.00
Membership: Monticino, Dale 47.00
Membership: De la Rosa, George 47.00
Membership: Shea, Richard 47.00
Membership: Serven, Richard 47.00
Membership: Maisey, John 47.00
Membership: Munoz, Mario 47.00 519.00
118336 09/06/2007 004205 BALLET FOLKLORICO TCSD Instructor Earnings 315.00 315.00
118337 09/06/2007 002381 BEAUDOIN, LINDA Retirement Medical Payment 719.20 719.20
118338 09/06/2007 010528 BEDOY ENTERPRISES vehicle repair/maint: stn 12 366.35 366.35
118339 09/06/2007 004040 BIG FOOT GRAPHICS TCSD instructor earnings 735.00 735.00
118340 09/06/2007 004262 BIO-TOX LABORATORIES DUI & Drug analysis: Police 2,236.00
DUI & Drug analysis: Police 663.00
credit:case# 78281 cv billed incorrectly -35.00 2,864.00
118341 09/06/2007 003222 BROCKMEIER, CAROL Retirement Medical Payment 719.20 719.20
118342 09/06/2007 011349 BUTTERFIELD ENTERPRISES refund: temp use permit 150.00 150.00
118343 09/06/2007 000154 CSMFO Operating budget application fee 100.00 100.00
Page2
apChklst Final Check List Page: 3
09/0612007 2:40:41 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118344 09/06/2007 010349 CALIF DEPT OF CHILD SUPPORT Support Payment Case # DF099118 25.00 25.00
118345 09/06/2007 004228 CAMERON WELDING SUPPLY misc supplies: pw maint div 59.03 59.03
118346 09/06/2007 010434 CATERERS CAFE refreshments:City Attorney lunch 117.60 117.60
118347 09/06/2007 003775 CHAPARRAL HIGH SCHOOL community service grant funding 1,000.00 1,000.00
118348 09/06/2007 005585 CHING, MARIA Reimb:Accela Conf:8/6-8:GrdnGrove 203.85 203.85
118349 09/06/2007 005417 CINTAS FIRST AID & SAFETY First aid supplies: City Hall 109.76
First aid supplies: PW Maint 102.91 212.67
118350 09/06/2007 005708 CLEAR CHANNEL broadcasting: St Painting Festival 760.00 760.00
BROADCASTING INC
118351 09/06/2007 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 107.05 107.05
118352 09/06/2007 004414 COMMUNITY WORKS DESIGN May-Jul inspection svcs: Planning 12,800.00 12,800.00
GROUP
118353 09/06/2007 001264 COSTCO WHOLESALE Merc artist receptions supplies 164.67 164.67
118354 09/06/2007 008810 CROSSTOWN ELECTRICAL & equip repair/mainttraffic cameras 121.27 121.27
DATA
118355 09/06/2007 010649 DCH TEMECULA MOTORS LLC vehicle maintlrepair: code enf 1,174.27 1,174.27
118356 09/06/2007 011345 DORLAND MOUNTAIN ARTS Benefit Concert 8/25-26/07 theater 15,411.92 15,411.92
COLONY
118357 09/06/2007 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: PW lnd Dv 589.76 589.76
INC
118358 09/06/2007 011202 EM H SPORTS & FITNESS TCSD instructor earnings 210.00
TCSD instructor earnings 168.00
TCSD instructor earnings 35.00 413.00
118359 09/06/2007 005692 ELMO, ANTHONY Retirement Medical Payment 719.20 719.20
118360 09/06/2007 005115 ENTERPRISE RENT A CAR INC vehicle rental: Planning 107.74
vehicle rental: Planning 107.74 215.48
Page:3
apChkLst Final Check List Page: 4
09/0612007 2:40:41 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118361 09/06/2007 011203 ENVIRONMENTAL CLEANING Aug janitorial svcs: parks/old town 5,102.00 5,102.00
118362 09/06/2007 001056 EXCEL LANDSCAPE mainline repairs: vail ranch pkwy 503.29
irrigation repairs: medians 437.37
irrigation repairs: sports park 397.46
irrigation repairs: parks 345.46
irrigation repairs: sports park 257.96
Ridgeview mainline repairs 244.28 2,185.82
118363 09/06/2007 000165 FEDERAL EXPRESS INC 08f7-20/07 express mail services 329.47 329.47
118364 09/06/2007 010804 FEHR & PEERS ASSOCIATES Jun Old Town parking study:ROA 95.00 95.00
118365 09/06/2007 003347 FIRST BANKCARD CENTER
PAT & OSCARS RESTAURANT OU refreshments:Old Tvvn Mtg 40.07
OU bank charges 38.24 78.31
118366 09/06/2007 008083 FLORES, GWYN Reimb:'07SIRE Roundtable:8/21-24 85.90 85.90
118367 09/06/2007 010493 FOREST CITY COMMERCIAL Sept lease:Police Mall Storefront 1,458.33 1,458.33
MGMT
118368 09/06/2007 010325 FORT DEARBORN LIFE Voluntary Supp Life Insurance Payment 815.80 815.80
118369 09/06/2007 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00
118370 09/06/2007 009097 FULL COMPASS SYSTEMS Misc stage supplies Theater 77.50 77. 50
118371 09/06/2007 007866 G C S SUPPLIES INC Computer printers toner/cartridge 1,244.78
Computer printers toner/cartridge 759.49
Computer printers toner/cartridge 635.10 2,639.37
118372 09/06/2007 010028 G M BUSINESS INTERIORS reconfigure cubicles: CM office 1,750.00 1,750.00
118373 09/06/2007 003815 GFB FRIEDRICH & ASSOCIATES May-Jun p'v1l1nt rehab:OePortola 10,719.92 10,719.92
INC
118374 09/06/2007 000177 GLENNIES OFFICE PRODUCTS Office Supplies: Fire 2,577.40
INC
Office Supplies: Planning 661.90 3,239.30
118375 09/06/2007 005947 GOLDEN STATE OVERNIGHT 8/1-15 express mail svc:Fire Prey 77.21 77.21
Page:4
apChkLst Final Check List Page: 5
09/0612007 2:40:41 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118376 09/06/2007 008245 GROVE, JEFF Reimb:Accela Conf:8/6-8:GrdnGrove 125.91 125.91
118377 09/06/2007 004133 H 0 L SOFTWARE LLC Add'l Sentinel User Licenses 40.00 40.00
118378 09/06/2007 004479 HAMPTON INN & SUITES Htl:CACEO cf 9/19-22 #84090391 MP/JV 305.80 305.80
118379 09/06/2007 006250 HAZ MAT TRANS INC Old Twn asbestos tstg:pw06-07(1A) 1,400.00 1,400.00
118380 09/06/2007 001135 HEALTH POINTE MEDICAL pre-employment physicals: HR 230.00 230.00
GROUP INC
118381 09/06/2007 011350 HECKER, JULIE refund: "Take the Fight out of Food" 14.00 14.00
118382 09/06/2007 004811 HEWLETT PACKARD HP Proliant DL320 Server 13,362.32
Video Server: Inf Sys 4,809.96 18,172.28
118383 09/06/2007 005748 HODSON, CHERYL A. Support Payment 6.64 6.64
118384 09/06/2007 000963 HOGAN, DAVID Retirement Medical Payment 719.20 719.20
118385 09/06/2007 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 15,102.59 15,102.59
303355
118386 09/06/2007 005683 IS G THERMAL SYSTEMS USA equip repair/maint: stn 73 265.00 265.00
INC
118387 09/06/2007 011228 INLAND PLANNING AND DESIGN Jul consult svcs:Old Town Urban Design 16,371.45 16,371.45
INC
118388 09/06/2007 006914 INNOVATIVE DOCUMENT Aug copier maintlusage:library 491.97 491.97
SOLUTIONS
118389 09/06/2007 006713 INTEGRATED MEDIA SYSTEMS DA 1 's equip:Library Conf Rooms 2,218.23
Mayors touch panel on-site svc 525.00 2,743.23
118390 09/06/2007 001407 INTER VALLEY POOL SUPPLY Pool Sanitizing Chemicals:Aquatics 550.97
INC
Pool Sanitizing Chemicals:Aquatics 245.25
Pool Sanitizing Chemicals:Aquatics 235.14
Pool Sanitizing Chemicals:Aquatics 185.33 1,216.69
118391 09/06/2007 003571 INTL ASSN OF PLUMBING AND mb: Harold, Mark 9/07-8/08 250.00 250.00
PageS
apChkLst Final Check List Page: 6
09/0612007 2:40:41 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118392 09/06/2007 003296 INTL CODE COUNCIL 06 Inti code cycle adpt:Fire Prey 7,557.93
3rd edition publications: B&S 283.96
Code Enforcement Textbook 141.76 7,983.65
118393 09/06/2007 010119 IRS-OIC Sup Pmt Offer # 1000497587 452379267 140.11 140.11
118394 09/06/2007 001186 IRWIN, JOHN TCSD instructor earnings 856.80
TCSD instructor earnings 718.20 1,575.00
118395 09/06/2007 004908 JIFFY LUBE 1878 vehicle repair/maint: B&S 36.50 36.50
118396 09/06/2007 004481 KIMLEY HORN & ASSOCIATES Jul eng svc:Santiago Det Basin 11,478.20 11,478.20
INC
118397 09/06/2007 000488 KNOTTS BERRY FARM excursion 7/26: tcsd day camp 1,944.40
excursion 8/8: SMART Pgrm 657.95
excursion 7/31: tcsd day camp 251.30 2,853.65
118398 09/06/2007 011353 KNOWLEDGE LEARNING TCSD Instructor Earnings 4,165.00
CORPORATION
TCSD Instructor Earnings 3,062.50
TCSD Instructor Earnings 1,960.00 9,187.50
118399 09/06/2007 000209 L & M FERTILIZER INC equip repair/maint: pw maint div 618.57 618.57
118400 09/06/2007 001085 L N CURTIS & SONS Equipment: Stn 73 825.37 825.37
118401 09/06/2007 000482 LEIGHTON CONSULTING INC Jul geotech svcs:educ project 610.00 610.00
118402 09/06/2007 010656 LEUSCHEN, AI DEE TCSD Instructor Earnings 472.50
TCSD Instructor Earnings 105.00 577.50
118403 09/06/2007 006284 LEWIS & LEWIS ENTERPRISES equip repair/mainttraffic camera 280.00 280.00
118404 09/06/2007 004905 LIEBERT, CASSIDY & WHITMORE Jul HR legal svcs for TE06G-01 277.00 277.00
118405 09/06/2007 003726 LIFE ASSIST INC Medical Supplies: Paramedics 95.24 95.24
118406 09/06/2007 004087 LOWES INC Hardware supplies: Stn 92 166.79
Misc supplies:theater 82.74 249.53
118407 09/06/2007 003782 MAIN STREET SIGNS street signs:PW Maint Div 1,363.04 1,363.04
118408 09/06/2007 004141 MAINTEX INC Custodial Supplies: Parks 572.48 572.48
Page:6
apChkLst Final Check List Page: 7
09/0612007 2:40:41 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118409 09/06/2007 004068 MANALlLI, AILEEN TCSD Instructor Earnings 168.00
TCSD Instructor Earnings 154.00
TCSD Instructor Earnings 150.50
TCSD Instructor Earnings 124.25
TCSD Instructor Earnings 112.00
TCSD Instructor Earnings 94.50 803.25
118410 09/06/2007 001967 MANPOWER TEMPORARY temp help ppe 08/12 JAlAC/MS 2,401.88
SERVICES
temp help wle 08119 JNAC/MS 1,743.32
temp help wle 06/24 M. Sample 238.40 4,383.60
118411 09/06/2007 000944 MCCAIN TRAFFIC SUPPLY INC traffic signal control cabinets:PW 5,105.29 5,105.29
118412 09/06/2007 003076 MET LIFE INSURANCE COMPANY MetLife Dental Insurance Payment 7,978.50 7,978.50
118413 09/06/2007 001384 MINUTEMAN PRESS business cards:B.Obmann/D.Sarmiento 86.74 86.74
118414 09/06/2007 004534 MOBILE SATELLITE VENTURES Aug EOC Stn Satellite Phone SVcs 72.85 72.85
LP
118415 09/06/2007 010797 MUSSER, DAVID TCSD Instructor Earnings 105.00
TCSD Instructor Earnings 84.00 189.00
118416 09/06/2007 001986 MUZAK -SOUTHERN CALIFORNIA Sep music broadcast:Old Town 69.11 69.11
118417 09/06/2007 000233 NELSON, SHAWN reimb:Aug '07 internet services 44.95 44.95
118418 09/06/2007 010244 NO LIMITS SILK SCREEN 1 st Place wtrlSprg Season SWeatshirts 3,962.26
embroidery srvcs:TCSD Sport prgm 248.94 4,211.20
118419 09/06/2007 010167 ODYSSEY POWER CRAC Unit trnsfrlWtr Detection Monitor 1,183.68 1,183.68
CORPORATION
118420 09/06/2007 005656 PAPA Pesticide Appl Sem: R.Shea 9/26/07 65.00 65.00
118421 09/06/2007 006939 PAINT CONNECTION, THE Fagade Prgm: Palomar Inn 3,915.00 3,915.00
118422 09/06/2007 010547 PARKS, RON Retirement Medical Payment 667.98 667.98
118423 09/06/2007 001958 PERS LONG TERM CARE PERS Long Term Care Payment 300.92 300.92
PROGRAM
Page:?
apChkLst Final Check List Page: 8
09/0612007 2:40:41 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118424 09/06/2007 000249 PETTY CASH Petty Cash Reimbursement 291.29 291.29
118425 09/06/2007 010510 PFF BANK & TRUST retention/escrow #34-01 022:W.C.Fire Stn 6,990.95
retention/escrow #34-01 022:W.C. Fire stn 2,887.99 9,878.94
118426 09/06/2007 005820 PRE-PAID LEGAL SERVICES INC PrePaid Legal Services Payment 512.15 512.15
118427 09/06/2007 004029 R J M DESIGN GROUP INC Sep '06ldscp srvcs:PBSP 10,899.50
Mar '07ldscp srvcs:PBSP 10,705.00
Oct '06 Idscp srvcs:PBSP 6,816.15
Nov '06ldscp srvcs:PBSP 6,240.51
Dec '06 Idscp srvcs:PBSP 2,661.32
Dec '05 Idscp srvcs:PBSP 1,382.00
Jan '07ldscp srvcs:PBSP 655.00 39,359.48
118428 09/06/2007 009066 RADAR SHOP INC, THE Radar Gun Maint & Repair:Police 453.50 453.50
118429 09/06/2007 007403 RAGAN COMMUNICATIONS, INC. "Leading for Results" subscr:Pln 109.00 109.00
118430 09/06/2007 000271 RBF CONSULTING Jul srvcs:Old Town Infrastructure P~ts 14,291.71 14,291.71
118431 09/06/2007 002110 RENTAL SERVICE Equipment rental: Fire Stn 92 344.26
CORPORATION
equip rental:PW Maint 10.22 354.48
118432 09/06/2007 011352 RICHARD NIXON LIBRARY & senior excursion 9/11/07 97.30 97.30
118433 09/06/2007 000352 RIVERSIDE CO ASSESSOR 45 assessor maps:Planning 39.00 39.00
118434 09/06/2007 000418 RIVERSIDE CO CLERK & Jul recording fees:RDA 11.00 11.00
RECORDER
118435 09/06/2007 000418 RIVERSIDE CO CLERK & Res Imprv Prgm: Idle, L. 11.00 11.00
RECORDER
118436 09/06/2007 000406 RIVERSIDE CO SHERIFFS DEPT Jazz Festival:law enforcement 7/14 870.10 870.10
118437 09/06/2007 004907 RIVERSIDE CO
TRANSPORTATION
Apr-Jun WC Frwy Strategic Study
1,013.26
1,013.26
118438 09/06/2007 010203 ROBERT CLAPPER CONST
SRVCSINC
Jun prgs pmt #1 O:Wolf Creek Fire stn
62,918.60
Jul prgs pmt #11 :Wolf Creek Fire Stn
25,991.90
88,910.50
Page:8
apChkLst Final Check List Page: 9
09/0612007 2:40:41 PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118439 09/06/2007 001942 S C SIGNS Jul public ntc sign posting: Planning 1,020.00 1,020.00
118440 09/06/2007 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 1,131.31 1,131.31
118441 09/06/2007 006815 SAN DIEGO, COUNTY OF Support Payment Acct # 581 095025 12.50 12.50
118442 09/06/2007 008529 SHERIFF'S CIVIL DIV - CENTRAL Sup Pmt LO #2007052618 & 2007053052 439.70 439.70
118443 09/06/2007 001544 SKANSKA USA CIVIL WEST Jul prgs pmt #9:Educ.Center grading 48,292.98 48,292.98
118444 09/06/2007 000645 SMART & FINAL INC recreation supplies: fam 223.34 223.34
118445 09/06/2007 000537 SO CALIF EDISON 2005-07 2-27-560-0625 DeerHollow 24,619.11
Aug 2-28-629-0507 Library 11,706.57
Aug 2-02-502-8077 Maint Fac 2,888.59
Aug 2-29-458-7548 Wolf Crk PED 62.23 39,276.50
118446 09/06/2007 001212 SO CALIF GAS COMPANY Aug 091-085-1632-0 T.E.S. Pool 226.54 226.54
118447 09/06/2007 011172 SPARTAN CHASSIS INC 4 seat risers:Fire Engine 95 159.41 159.41
118448 09/06/2007 007762 STANDARD OF OREGON Mandatory Life Insurance Payment 10,894.30 10,894.30
118449 09/06/2007 004221 SUSAN G KOMEN INLAND FY 07108 Sponsorship 25,000.00 25,000.00
VALLEY
118450 09/06/2007 000305 TARGET BANK BUS CARD SRVCS hospitality supplies:theater 18.31
hospitality supplies:theater 17.78 36.09
118451 09/06/2007 001547 TEAMSTERS LOCAL 911 Union Dues Payment 5,276.00 5,276.00
118452 09/06/2007 000515 TEMECULA VALLEY CHAMBER FY 07-08 1st Qtr agreement pmt 37,850.00 37,850.00
OF
118453 09/06/2007 004874 TEMECULA VALLEY NATIONAL refund:sec.depositlsnack bar nls 200.00 200.00
118454 09/06/2007 003140 TEMECULA VALLEY TCSD Instructor Earnings 136.50
TAEKWONDO
TCSD Instructor Earnings 109.20 245.70
118455 09/06/2007 000316 THORNHILL, GARY Retirement Medical Payment 568.60 568.60
Page:9
apChklst Final Check List Page: 10
09/0612007 2:40:41 PM CITY OF TEMECUlA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118456 09/06/2007 008894 TIDWEll, RODNEY reimb:uniform shirts 291.18 291.18
118457 09/06/2007 007433 TOVEY SHULTZ CONSTRUCTION Jul prgs pmt #12:Field Oper Ctr 892,729.33 892,729.33
INC
118458 09/06/2007 009957 TRIARCO ARTS & CRAFTS llC Misc supplies:SMART pgrm 232.22 232.22
118459 09/06/2007 005460 U S BANK 2002 RDA trustee admin fees 6,350.00 6,350.00
118460 09/06/2007 000325 UNITED WAY United Way Charities Payment 73.00 73.00
118461 09/06/2007 004261 VERIZON Aug xxx-9897 general usage 89.50 89.50
118462 09/06/2007 010245 VilLA, DOLORES Retirement Medical Payment 557.10 557.10
118463 09/06/2007 009921 WASHINGTON, CHUCK Reimb:lCC Mayor's/Council Cf:7125-28 150.27 150.27
118464 09/06/2007 000339 WEST PUBLISHING CORP 7/21-8/20/07 law library judicial 262.92 262.92
118465 09/06/2007 007223 WESTON, RETA EE Computer Purchase Prgm 1,125.55 1,125.55
118466 09/06/2007 002109 WHITE CAP INDUSTRIES INC misc. maint supplies:pw maint div 257.06 257.06
118467 09/06/2007 004880 WORLEY, Jill ANN entertainment:Hot Smr Nights 8/11/07 500.00 500.00
Grand total for UNION BANK OF CALIFORNIA: 1,911,465.72
Page:10
apChkLst Final Check List Page: 1
09/1312007 3:59:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
931 09/12/2007 005460 U S BANK 2001 COP Debt Service Pmt 374,463.43 374,463.43
118468 09/06/2007 000175 GOVERNMENT FINANCE appl fee:Budget Presentation Award 500.00 500.00
OFFICERS
118469 09/13/2007 004973 ABACHERLI, L1NDI TCSD instructor earnings 920.00 920.00
118470 09/13/2007 004765 ACTIVE NETWORK INC, THE Safari cash mgmt registration:IS 17,500.00
Safari on-site consultant: Info Sys 4,180.00
Safari maint fee 4/07-8/07: IS 1,823.06
Safari remote AGS integration: IS 1,764.17
Safari consultant airfare: Info Sys 320.02
USB MagStrip Reader: Info Sys 129.30 25,716.55
118471 09/13/2007 008552 ADKINS DESIGN CONSULTING graphic design svcs: Theater 2,663.91 2,663.91
118472 09/13/2007 011363 ALATRISTE, GEUDIEL OR Refund:Prkg Cite 48915 dismissal level 2 487.50 487.50
GLENDA
118473 09/13/2007 003859 ALL ABOUT SELF STORAGE Sept rent units G702 & C332 284.00 284.00
118474 09/13/2007 009767 AL TA LOMA CHARTER INC Knotts transportation: day camp 2,902.32
zoo transportation: day camp 2,670.81
castle park transportation: day camp 2,555.04
waterpark transportation: day camp 1,665.16
Mulligan's transportation: day camp 735.92
cafe transportation: smart pgm 716.63
movie transportation: day camp 449.02 11,694.90
118475 09/13/2007 004240 AMERICAN FORENSIC NURSES Oct Stand By Fee: Police 1,000.00
DUI & drug analysis: Police 359.00
DUI & drug analysis: Police 259.00 1,618.00
118476 09/13/2007 008279 AMERICOMP IN FOSYSTEMS INC computer supplies/equip: library 332.95
computer supplies/equip: library 37.71 370.66
118477 09/13/2007 004623 AQUA TECH ENTERPRISES maint supplies: tes pool 841.15 841.15
118478 09/13/2007 003203 ARTISTIC EMBROIDERY recognition shirts: Finance 204.46 204.46
118479 09/13/2007 002648 AUTO CLUB OF SOUTHERN Membership: Diaz, Jose 67.00
CALIF
Membership: Romine, Larry 47.00 114.00
Page:1
apChkLst Final Check List Page: 2
09/1312007 3:59:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118480 09/13/2007 011357 BAKER FAMILY TRUST Refund:Prkg Cite 50469 dismissal level 2 325.00 325.00
118481 09/13/2007 003814 BALLREICH, MICHAELA employee computer purchase prgm 1,477.24 1,477.24
118482 09/13/2007 002541 BECKER CONSTRUCTION SRVS channel repairs: PW Maint 9,880.00
INC
AC saw cutting citywide:PW Maint 7,650.00 17,530.00
118483 09/13/2007 008286 BRASGA, CAZI employee computer purchase prgm 2,000.00 2,000.00
118484 09/13/2007 000128 BROWN & BROWN OF CALIF INC Ins policy 35391950 2107-2/08 2,771.00 2,771.00
118485 09/13/2007 011373 BURNS, SCOTT Reimb:CrshZne-CrmeZne Cf:8/24:RVSD 245.00 245.00
118486 09/13/2007 011364 CADOGAN, COLLEEN Refund: Zane - Tiny Tots 59.00 59.00
118487 09/13/2007 003138 CAL MAT PW patch truck materials 627.28
PW patch truck materials 129.09 756.37
118488 09/13/2007 005384 CALIF BAGEL BAKERY & DELI refreshments:civic ctr mtg 8/14 200.87 200.87
118489 09/13/2007 000486 CALIF MUNI REVENUE & TAX CMRTA conf 10/17-19 DB Riverside 225.00 225.00
ASSOC
118490 09/13/2007 000502 CALIF MUNI STATISTICS CAFR debt statement: Finance 425.00 425.00
118491 09/13/2007 002520 CALIF T'S SCREEN PRINTING uniform shirts: PW Maint 249.98 249.98
118492 09/13/2007 004604 CALPELRA Acad 111I, Monterey 11/12-13 Gutierrez, 770.00 770.00
118493 09/13/2007 004604 CALPELRA annl cf/Monterey 11/14-16 Gutierrez, B. 750.00 750.00
118494 09/13/2007 004228 CAMERON WELDING SUPPLY Helium tanks rental/refill:TCSD 40.48 40.48
118495 09/13/2007 011361 CAPRA, JUANITA Refund:Prkg Cite 57263 dismissal level 2 325.00 325.00
118496 09/13/2007 009815 CARD QUEST INC 10 cards & ribbon: Info Sys 860.08 860.08
118497 09/13/2007 011360 CAREY, BRYAN J. Refund:Prkg Cite 56768 dismissal level 2 60.00 60.00
Page2
apChklst Final Check List Page: 3
09/1312007 3:59:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118498 09/13/2007 006153 CARNAHAN, SUZANNE Refund: Prkg Cite 59789 Dismissallv1 2 325.00 325.00
118499 09/13/2007 000137 CHEVRON USA INC City vehicles fuel: Police 669.71
City vehicles fuel: CM & Police 275.48 945.19
118500 09/13/2007 002989 CLEAR IMAGE WINDOW clean exterior windows: CH 425.00 425.00
CLEANING
118501 09/13/2007 011365 CLOSSICK, LISA Refund: Cameron - Raging Waters 40.00 40.00
118502 09/13/2007 004414 COMMUNITY WORKS DESIGN May-Jul ldscp Insp Svc:Diaz Rd 2,375.03 2,375.03
GROUP
118503 09/13/2007 000442 COMPUTER ALERT SYSTEMS Oct-Dee alarm monitoring citywide 2,507.85 2,507.85
118504 09/13/2007 001923 CONVERSE CONSULTANTS May Design:R. Calif Rd Widening 7,245.00 7,245.00
118505 09/13/2007 011366 COSSE, LAURA Refund: Belly Dancing 43.00 43.00
118506 09/13/2007 001264 COSTCO WHOLESALE refreshments: RR Day/Stn92 408.65 408.65
118507 09/13/2007 003986 COZAD & FOX INC Aug topographic svc:R. CA Rd 3,475.00 3,475.00
118508 09/13/2007 001233 DANS FEED & SEED INC Hay & Straw bails: PW Maint 12.82 12.82
118509 09/13/2007 003945 DIAMOND ENVIRONMENTAL portable restroom svc: Stn 84 115.78 115.78
SRVCS
118510 09/13/2007 004417 DISCOUNT SCHOOL SUPPLY recreation supplies: Ch Museum 57.13 57.13
118511 09/13/2007 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: TCSD 1,901.46
INC
Fuel for City vehicles: PW Maint 1,493.80
Fuel for City vehicles: PW lnd Dv 507.21
Fuel for City vehicles: B&S 498.67
Fuel for City vehicles: Code Enf 479.52
Fuel for City vehicles: PW CIP 150.75
Fuel for City vehicles:PW/CC/IS 127.54
Fuel for City vehicles: PW Traffic 103.38
Fuel for City vehicles: Police 89.20 5,351.53
Page:3
apChkLst Final Check List Page: 4
09/1312007 3:59:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118512 09/13/2007 001669 DUNN EDWARDS CORPORATION paint supplies: PW Maint Diy 1,012.85
paint supplies: PW Maint Diy 115.15
paint supplies: TCSD parks 44.67 1,172.67
118513 09/13/2007 002528 EAGLE GRAPHIC CREATIONS recognition mugs: HR 52.37 52.37
INC
118514 09/13/2007 000395 ECONOMIC DEVELOPMENT EDC qtr lunch:GY,ME,KC 9/27/07 120.00 120.00
CORP
118515 09/13/2007 004829 ELLISON WILSON ADVOCACY Sept state lobbying sycs: CM 3,500.00 3,500.00
LLC
118516 09/13/2007 009535 EUROPEAN DELI refreshments:Wall of Honor Dedication 293.62 293.62
118517 09/13/2007 009953 FEDERAL CLEANING Sept cleaning svc:PD Mall Storefront 410.00 410.00
CONTRACTORS
118518 09/13/2007 010804 FEHR & PEERS ASSOCIATES Jul Old Tovvn pkg study: RDA 2,379.08 2,379.08
118519 09/13/2007 000166 FIRST AMERICAN TITLE lot book rpt:45296 Esmerado Ct 75.00 75.00
COMPANY
Page:4
apChkLst Final Check List Page: 5
09/1312007 3:59:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118520 09/13/2007 003347 FIRST BANKCARD CENTER
MOVIE EXPERIENCE, THE HP Day camp excursion 1,221.00
MARRIOTT HOTEL JC Hotel:07 Ann'l Conf:7/25-28 662.54
US AIRWAYS GR Eden Conf:10/15-17:PBlRW:Dever 605.20
HERTZ RENT-A-CAR JC Car Rental:07 Ann'l Conf:7/25-28 510.87
YOCAHER HP Blank skate boards for TCSD class 457.36
SOURCEMEDIA INC. GR Bond Buyer's Cf:9/1D-12:GR 245.00
UNITED AIRLINES GY Airfare:Dep.Lareau trng 218.10
SOUTHWEST AIRLINES HP Airfare:CA Dir.Summit:8123-24 209.30
FUTURE PUBLISHING HP Magazine subscription 120.59
PENFOLD'S CAFE GY Refrshmnts:Civic Ctr Mtg 88.50
HP Bank chrg-called will be reverse 67.55
GR Bank chrg-called will be reverse 65.63
RR Bank chrg-called will be reverse 63.06
ONTARIO AIRPORT JC Prkg:07 Ann'l Conf:7/25-28 60.00
JC Bank chrg-called will be reverse 58.27
GY Bank chrg-called will be reverse 52.63
BANK OF MEXICAN FOOD, THE GY Refrshmnts:Civic Ctr Mtg 46.44
BJ'S RESTAURANTS, INC. GY Refreshments: EOC Training 40.62
MCGRAW-HILL COMPANIES, THE GR Financial News articles 14.90
NATIONAL PARKING & VALET JC Prkg:07 Ann'l Conf:7/25-28 9.00
ONTARIO CONVENTION CENTER GY Prkg:SCAG Earthquake Cf:818 6.00
EXPEDIA.COM GY Airfare SVc Chg:Dep.Lareau tmg 5.00
HP Credit: Bank charges for GR -15.68 4,811.88
118521 09/13/2007 007866 G C S SUPPLIES INC printer toner/cartridges: Info Sys 469.46 469.46
118522 09/13/2007 010028 G M BUSINESS INTERIORS Furniture & Installation: Library 8,012.01 8,012.01
118523 09/13/2007 011204 GERMAN, JUANITA M. TCSD Instructor earnings 193.20
TCSD Instructor earnings 161.00
TCSD Instructor earnings 79.80
TCSD Instructor earnings 50.40 484.40
118524 09/13/2007 003792 GRAINGER misc supplies: Stn 84 8.81 8.81
PageS
apChkLst Final Check List Page: 6
09/1312007 3:59:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118525 09/13/2007 000186 HANKS HARDWARE INC Hardware supplies: PWTraffic 422.87
Hardware supplies: City Hall 182.17
Hardware supplies: Code Enf 112.36
Hardware supplies: Theater 79.44
Hardware supplies: TCC 42.62
Hardware supplies: Ch Museum 41.86
Hardware supplies: Library 36.59
Hardware supplies: Info Sys 32.22
Hardware supplies: Aquatics 17.23
Hardware supplies: B&S 13.36 980.72
118526 09/13/2007 004188 HARRIS & ASSOCIATES Jul consult svcs:pavement rehab 32,477.00 32,477.00
118527 09/13/2007 001135 HEALTH POINTE MEDICAL pre-employment physicals: HR 135.00 135.00
GROUP INC
118528 09/13/2007 011355 HERSCHEL FREEMAN AGENCY Performance: Daddy Mack 9/14/07 4,000.00 4,000.00
INC
118529 09/13/2007 010879 HINMAN & CARMICHAEL LLP alcoholic beverage license: Theater 850.00 850.00
118530 09/13/2007 007792 HINTON, BEVERLY L. TCSD instructor earnings 284.90 284.90
118531 09/13/2007 010550 HOME DEPOT, THE crape myrtles/sycamores: RRSP 656.80
rota hammer drill: TCSD parks 407.88
Hardware supplies: PW Maint 18.24 1,082.92
118532 09/13/2007 006492 HRUSKA, ROSEANN Reimb:Map CA GIS:8/29:SanDiego 82.62 82.62
118533 09/13/2007 004217 HYDRO TEK COMPANY misc supplies: PWMaint Div 49.59 49.59
118534 09/13/2007 004406 IGOE & COMPANY INC Aug flex benefit plan pmt 400.00
credit: billed for 50 actual 49 -7.50 392.50
118535 09/13/2007 004833 IMPERIAL PAVING COMPANY INC repair parking lot: City Hall 23,241.00 23,241.00
118536 09/13/2007 001407 INTER VALLEY POOL SUPPLY Pool Sanitizing Chemicals:Aquatics 285.38
INC
Pool Sanitizing Chemicals:Aquatics 191.33 476.71
118537 09/13/2007 003296 INTL CODE COUNCIL 06 Inti Code Cycle: Fire Prey 238.28 238.28
118538 09/13/2007 001186 IRWIN, JOHN TCSD instructor earnings 109.20 109.20
Page:6
apChkLst Final Check List Page: 7
09/1312007 3:59:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118539 09/13/2007 004884 J & W REDWOOD LUMBER CO misc supplies: PW Maint Div 47.88 47.88
INC
118540 09/13/2007 003046 K FRO G 95.1 FM RADIO broadcasting:Hot Summer Nights 2,275.00 2,275.00
118541 09/13/2007 006302 KIDZ LOVE SOCCER, INC TCSD instructor earnings 861.00
TCSD instructor earnings 747.60
TCSD instructor earnings 623.00
TCSD instructor earnings 459.20
TCSD instructor earnings 459.20
TCSD instructor earnings 459.20
TCSD instructor earnings 436.10
TCSD instructor earnings 401.80
TCSD instructor earnings 401.80
TCSD instructor earnings 401.80
TCSD instructor earnings 344.40
TCSD instructor earnings 114.80 5,709.90
118542 09/13/2007 000548 KIPLINGER LETTER, THE Subscription: Roberts, Genie 73.00 73.00
118543 09/13/2007 010120 L G C INLAND INC Geotech Svc:Verizon Fiber Optic 8,174.44 8,174.44
118544 09/13/2007 003726 LIFE ASSIST INC Medical Supplies: Paramedics 133.97 133.97
118545 09/13/2007 008474 L1NKOGLE, MYKELLA Refund: Kyla - Improvisation 130.00 130.00
118546 09/13/2007 004087 LOWES INC Hardware Supplies: Theater 217.04
Hardware Supplies: Theater 39.68
Hardware Supplies: Theater 34.39
credit: hardware supplies returned -39.68 251.43
118547 09/13/2007 010204 M T G L INC 2/18-5/31/07 prof svcs:Field Oper ctr 15,380.00 15,380.00
118548 09/13/2007 003782 MAIN STREET SIGNS Str signs replacement:Tem Prkwy 2,170.09
C.Museum street signs/sign supplies:PW 790.89 2,960.98
118549 09/13/2007 004141 MAINTEX INC Custodial Supplies:TCC 493.37
Custodial Supplies:Parks 467.15
Custodial Supplies:Theater 429.10
Custodial Supplies:Old Town 303.68 1,693.30
118550 09/13/2007 011356 MANNING, CECEILlA OR STEVEN Refund:Prkg Cite 60015 dismissal level 1 10.00 10.00
Page:?
apChkLst Final Check List Page: 8
09/1312007 3:59:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118551 09/13/2007 011179 MC MILLIN REDHAWK LLC TCSD Instructor Earnings 700.00
TCSD Instructor Earnings 210.00
TCSD Instructor Earnings 84.00 994.00
118552 09/13/2007 011367 MCKOWN, MAUREEN refund:excurs/Nixon Libr-StevelMaureen 25.00 25.00
118553 09/13/2007 006571 MELODY'S AD WORKS consulting srvcs:old town 4,000.00 4,000.00
118554 09/13/2007 009541 MEYER AND ASSOCIATES Jul dsgn srvcs:TCC Expansion 26,501.25
Jun dsgn srvcs:TCC Expansion 9,517.00 36,018.25
118555 09/13/2007 008091 MILLMORE'S WAA CREW City vehicles detailing svcs:PW Depts 150.00
City vehicles detailing svcs:PW Depts 125.00
City vehicles detailing svcs:B&S 25.00
City vehicle detailing svcs:Planning 20.00 320.00
118556 09/13/2007 002139 NORTH COUNTY TIMES Aug recruitment ads:TCSD 3,107.32
Aug Hot Smr Nights ads:RDA 1,642.76
Aug display ads:Theater 974.94
Aug public ntc ads:City Clerk/Planning 329.30 6,054.32
118557 09/13/2007 009570 o C B REPROGRAPHICS Aug dup blueprints:various City prjts 138.16 138.16
118558 09/13/2007 003964 OFFICE DEPOT BUSINESS SVS misc office supplies:Police OT. stn 527.40
DIV
credit:items returned/Police mall stn -40.60 486.80
118559 09/13/2007 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs 508.35
City Vehicle Repair/Maint SVcs 409.49
City Vehicle Repair/Maint SVcs 234.01
City Vehicle Repair/Maint SVcs 34.27 1,186.12
118560 09/13/2007 001171 ORIENTAL TRADING COMPANY misc supplies:high hopes prgm 101.35
INC
misc supplies:C. Museum 20.85
misc supplies:C. Museum 12.95 135.15
118561 09/13/2007 011359 PAQUETTE, DENNIS OR Refund:Prkg Cite 57027 reduced 50.00 50.00
CHRISTINA
118562 09/13/2007 000359 PARKER, HERMAN Reimb: CA Dir.Summit:8123-24:Sac 44.40 44.40
118563 09/13/2007 002099 PASCOE MANAGEMENT LLP Sept restroom rental:old town 826.00 826.00
118564 09/13/2007 002652 PAT & OSCARS RESTAURANT rirshmnts:High Hopes Anniv. 1,031.28 1,031.28
118565 09/13/2007 002498 PETRA GEOTECHNICAL INC Jul geotech srvcs: Field Oper Ctr 2,587.50 2,587.50
Page:8
apChkLst Final Check List Page: 9
09/1312007 3:59:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118566 09/13/2007 000249 PETTY CASH Petty Cash Reimbursement 533.96 533.96
118567 09/13/2007 009425 PRUDENT PUBLISHING Annual Christmas Card Orders:TCSD 194.51 194.51
COMPANY
118568 09/13/2007 004529 QUAID TEMECULA HARLEY- Aug repair & maint:Police motorcycles 4,906.91 4,906.91
DAVIDSON
118569 09/13/2007 002612 RADIO SHACK INC mise equipment:lnfo Sys 11.84 11.84
118570 09/13/2007 000728 RAMSEY BACKFLOW & Backflow test/repair: medians & parks 396.00
PLUMBING
Backflow testlrepair: medians & parks 286.00 682.00
118571 09/13/2007 002176 RANCHO CALIF BUS PK ASSOC Oct-Dee Bus.Prk Assn Dues:Diaz Rd 1,751.72
Oct-Dee bus.prk assn dues:City Hall 1,273.98
Oct-Dee bus.prk assn dues:Field Op Ctr 1,051.03 4,076.73
118572 09/13/2007 000271 RBF CONSULTING Julldscp dsgn:\l\linchester Rd 4,656.49 4,656.49
118573 09/13/2007 004498 REPUBLIC INTELLIGENT Traffic sig repair&maint: Marg/Moraga 700.00
Traffic sig repair&maint: Marg/R.Vista 700.00
Traffic sig repair&maint: \l\linch/Diaz 700.00 2,100.00
118574 09/13/2007 000268 RIVERSIDE CO HABITAT Aug '07 K-Rat payment 250.00 250.00
118575 09/13/2007 001592 RIVERSIDE CO INFO Jul radio rental & maint:Police 1,658.28 1,658.28
TECHNOLOGY
118576 09/13/2007 003587 RIZZO CONSTRUCTION INC install (5) lights in gazebo: harveston 5,600.00 5,600.00
118577 09/13/2007 005026 ROAD WORKS, INC. Tri Cntrl Cert Sem:Ludwig/Gonzlez 10/8-9 200.00 200.00
118578 09/13/2007 000459 RUFF N TUMBLE INC TCSD Instructor Earnings 54.60 54.60
118579 09/13/2007 010803 SEAN MALEK ENGINEERING & Jun prgs pmt #2:R.C.Rd Widen 89,496.00 89,496.00
CONST
118580 09/13/2007 009499 SIDOTI, CELlNE Refund: Tiny Tots/1040.303 59.00 59.00
118581 09/13/2007 009746 SIGNS BY TOMORROW various signs: planning dept. 1,406.50 1,406.50
118582 09/13/2007 000645 SMART & FINAL INC Mise Supplies:Human Resources 302.34 302.34
Page:9
apChkLst Final Check List Page: 10
09/1312007 3:59:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118583 09/13/2007 000537 SO CALIF EDISON Sept 2-01-202-7330 various mtrs 63,037.43
Sept 2-01-202-7603 arterial st lights 23,134.26
Aug 2-02-351-5281 CRC 9,198.62
Aug 2-05-791-8807 various mtrs 9,012.38
Aug 2-27-805-3194 Theater 6,652.14
Aug 2-00-397-5059 various mtrs 3,893.37
Aug 2-20-798-3248 C. Museum 2,315.26
Aug 2-10-331-2153 TCC 1,911.01
Sept 2-28-171-2620 Police Mall Stn 707.24
Aug 2-29-657-2563 Various TCSD 231.31
Aug 2-29-479-2981 Hghwy 79S 97.38
Aug 2-01-202-7330 various mtrs 8.02 120,198.42
118584 09/13/2007 000519 SOUTH COUNTY PEST CONTROL pest control services:Vail Ranch Prk 84.00 84.00
INC
118585 09/13/2007 007851 SOUTH COAST HEATING & AIR sound cabinet hvac repair: old town 112.50 112.50
118586 09/13/2007 010821 SOUTHWEST AREA ACTIVITIES refund :sec.depositlCRC 150.00 150.00
118587 09/13/2007 011362 SPENCERHOLLlS, KARl Refund:Prkg Cite 55151 dismissal level 2 325.00 325.00
118588 09/13/2007 005786 SPRINT Jul 26-Aug 25 cellular usage/equip 7,345.98 7,345.98
118589 09/13/2007 006145 STENO SOLUTIONS Aug transcription srvcs:Police 953.60 953.60
TRANSCRIPTION
118590 09/13/2007 000465 STRADLEY, MARY KATHLEEN TCSD Instructor Earnings 705.60
TCSD Instructor Earnings 302.40 1,008.00
118591 09/13/2007 011358 SUH, YOUNG WOOK Refund:Prkg CiteD491386 dismissal 1\11 2 325.00 325.00
118592 09/13/2007 000305 TARGET BANK BUS CARD SRVCS recreation supplies:CRC 57.50 57.50
118593 09/13/2007 010679 TEMECULA AUTO City vehicle maint: Fire Prev 112.18 112.18
REPAIR/RADIATOR
118594 09/13/2007 008292 TEMECULA DIESEL AUTO & patch truck repair & maint:pw maint 5,067.52
TRUCK
patch truck repair & maint:pw maint 638.32 5,705.84
118595 09/13/2007 011231 TEMECULA MARINE CENTER INC. ck/repair boat cool system: harveston 300.00 300.00
Page:10
apChkLst Final Check List Page: 11
09/1312007 3:59:32PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
118596 09/13/2007 000307 TEMECULA TROPHY COMPANY Dedication plaque: fire stn 92 1,566.69 1,566.69
118597 09/13/2007 000306 TEMECULA VALLEY PIPE & Aug plumbing supplies: Parks/CRC 898.90 898.90
SUPPLY
118598 09/13/2007 004274 TEMECULA VALLEY SECURITY locksmith services: parks/city hall 34.48 34.48
CENTR
118599 09/13/2007 003862 THYSSENKRUPP Elevator srvc call1no power: t'v1l1 364.50 364.50
ELEVATOR.BRNCH 37
118600 09/13/2007 010276 TIME WARNER CABLE Sept high speed internet City Hall 183.38
Aug high speed internet CW 54.95 238.33
118601 09/13/2007 007766 UNDERGROUND SERVICE ALERT Aug undrgrnd svcs alert tickets:PW 483.20 483.20
118602 09/13/2007 006807 VANIR CONSTRUCTION Jul Constr Mgmt:Wolf Creek Fire Stn 18,488.27 18,488.27
118603 09/13/2007 004261 VERIZON Aug xxx-8900 GIS Library 756.61
Aug xxx-7530 GIS Library 520.95
Aug xxx-5509 general usage 146.51
Aug xxx-1540 Old Town Prk Lot 89.50
Aug xxx-0049 general usage 44.40
Aug xxx-1999 general usage 37.61
Aug xxx-5180 79S Irrg Cntr 35.62
Aug xxx-6620 general usage 31.56 1,662.76
118604 09/13/2007 004279 VERIZON CALIFORNIA INC. Aug access-(EQN) C. Mus.phone line 658.23
Aug access-(E05) CRC phone line 356.16 1,014.39
118605 09/13/2007 010283 W B PRODUCTIONS Deposit/prof srvcs:FIT 51<11 OK finale 1,000.00 1,000.00
118606 09/13/2007 000621 WESTERN RIVERSIDE COUNCIL Aug '07 TUMF Payment 212,087.65 212,087.65
OF
118607 09/13/2007 000621 WESTERN RIVERSIDE COUNCIL Clean Cities CampaignTcsd 5,000.00 5,000.00
OF
118608 09/13/2007 008402 WESTERN RIVERSIDE COUNTY Aug '07 MSHCP payment 7,820.00 7,820.00
118609 09/13/2007 004774 WOODCREST UNIFORMS Uniform srvcs:Police 91.75 91.75
118610 09/13/2007 010193 WOOLSTENHULME, LUCIA TCSD Instructor Earnings 232.40 232.40
Page:11
apChkLst
09/1312007
3:59:32PM
Bank: union UNION BANK OF CALIFORNIA
Check # Date
Vendor
118611 09/13/2007 003776 ZOLL MEDICAL CORPORATION
Final Check List
CITY OF TEMECULA
(Continued)
Description
Amount Paid
Page: 12
Misc Medical Supplies:Paramedics
1,730.04
Check Total
credit:item returned/Paramedics
-134.69
Grand total for UNION BANK OF CALIFORNIA:
1,595.35
1,154,648.03
Page:12
apChkLst
09/1312007
3:59:32PM
Final Check List
CITY OF TEMECULA
Page: 13
145
checks in this report.
Grand Total All Checks:
1,154,648.03
Page:13
apChkLst
09/0612007
2:40:41 PM
Final Check List
CITY OF TEMECULA
Page: 11
152
checks in this report.
Grand Total All Checks:
1,911,465.72
Page:11
I~-- .
,
II
ITEM NO.4
II
,
II
-
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Approvals
City Attorney
Director of Finance
City Manager
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CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
William G. Hughes, Director of Public Works
DATE:
September 25, 2007
SUBJECT:
Purchase and Sale Agreement for certain property rights on property located at
45024 Muirfield Drive
PREPARED BY:
Greg Butler, Deputy Director of Public Works - CIP
Carol A. Chiodo, Property Agent
RECOMMENDATION:
That the City Council:
1. Approve substantially in the form attached hereto the Purchase and Sale Agreement
between the City of Temecula and Christopher and Tammy Mitchell, forthe purchase of an
approximate 5,280 square foot permanent easement and an approximate 80 square foot
area in fee for the widening of Pechanga Parkway at a purchase price of $6,500.00 plus
escrow fees.
2. Authorize the Finance Department to disburse the amount of $6,500 to cover the cost of the
easements plus the associated escrow fees not to exceed $1,000.00
3. Authorize the Mayor to execute the Purchase and Sale Agreement, approve and execute
any necessary documents and to take all necessary actions to complete this acquisition,
including without limitation, all escrow instructions.
BACKGROUND: This project was approved in the Capital Improvement Program for Fiscal Years
2008-2012. The scope of work for this project includes the construction of full-width street
improvements of Pechanga Parkway from south of the Pechanga Parkway Bridge to Wolf Valley
Road. Full width is 134 feet from south of Pechanga Parkway Bridge to Via Gilberto, and 110 feet
from Via Gilberto to Wolf Valley Road. The project includes the design, acquisition, environmental
studies, mitigation, and construction of road improvements to include curb, gutter, sound wall, and
storm drain facilities on Pechanga Parkway from Deer Hollow Way to Temecula Creek.
On June 12, 2007 the City Council set just compensation for the property interests and authorized
the Director of Public Works to make offers and negotiate the acquisition of required property rights
for the construction of the Pechanga Parkway improvements. The City delivered the original offer
on June 15,2007 to Christopher and Tammy Mitchell for the property interests required for the
project. The offer was for the purchase of an approximate 5,280 square foot permanent easement
and an approximate 80 square feet area in fee from the real property, commonly know as 45024
Muirfield Drive, Temecula, California and identified as Riverside County Tax Assessor's Parcel
Number 961-043-011 for the public use, namely street purposes and all uses necessary or
convenient thereto. The negotiations have successfully concluded and the attached Purchase and
Sale Agreement describes the details of the acquisition of the required property interests to
construct the Pechanga Parkway improvements. The purchase amount of $6,500.00, is the
amount the City Council previously authorized for this purchase and offered for these property
interests.
FISCAL IMPACT: Funds for this acquisition are available in the Pechanga Parkway
Improvements - Phase II, Capital Improvement Project in the 2007-2008 Budget, Account No.
210.165.668.
ATTACHMENTS:
Purchase and Sale Agreement
PURCHASE AND SALE AGREEMENT AND JOINT
ESCROW INSTRUCTIONS BETWEEN CITY OF
TEMECULA AND CHRISTOPHER AND TAMMY
MITCHELL (5,280 SQUARE FOOT PERMANENT
EASEMENT AND FEE ACQUISITION OF 80 SQUARE
FOOT AREA - ASSESSOR'S PARCEL NUMBER 961-043-
011)
THIS PURCHASE AND SALE AGREEMENT AND JOINT
ESCROW INSTRUCTIONS ("Agreement") is dated and entered into as of
September 25,2007 ("Effective Date") by and between CHRISTOPHER AND TAMMY
MITCHELL ("Seller"), and the CITY OF TEMEC1.TLA, a municipal corporation
("City"), and constitutes both an agreement to purchase and sell real property between the
parties and the parties' escrow instructions directed to First American Title Company
("Escrow Holder").
RECITALS
A Seller is the sole fee owner and resident of the property commonly known as
45024 Muirfield Drive, Temecula, and identified as Riverside County Tax Assessor's
Parcel Number 961-043-011 ("Larger Parcel"). The Larger Parcel is improved with a
single-family residence and is approximately 17,070 gross square feet in size (8,523
square feet in size, net of the existing drainage easement).
B. The City wishes to purchase and Seller desires to grant to the City a 5,280
square foot penuanent easement and an approximate 80 square foot area in fee for public
purposes, nanlely public street purposes and all uses necessary or convenient thereto in
connection with the City's proposed improvements to and widening of Pechanga
Parkway. The 5,280 square foot permanent easement and the 80 square foot fee area are
referred to below collectively as "Property". The 5,280 square foot permanent easement
is described more particularly in Exhibit "A" hereto and depicted on Exhibit "B" hereto.
TIle 80 square foot fee area is described more particularly in Exhibit "c" and depicted on
Exhibit "D" hereto. Exhibits "A" through "D" are incorporated in this Agreement by this
reference.
C. On June I, 2007 the Property was appraised at $6,500.00 (Six TIlOusand Five
Hundred Dollars). On June 15, 2007, the City made a written offer to purchase the
Property for $6,500.00. Negotiations ensued, and this Agreement resulted.
D. Seller desires to sell and the City desires to buy the Property on the tenus and
conditions set forth herein.
NOW THEREFORE, in consideration ofthe foregoing Recitals and tenus
and conditions set forth below, which are incorporated herein by this reference, the
parties hereto agree as follows:
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1. Purchase and Sale.
On the Close of Escrow (as defined below), Seller agrees to grant the
Property to the City, and the City agrees to acquire the Property from Seller, on the tenns
and conditions set forth below.
2. Oneninl' and Closinl' of Escrow.
Within five (5) days after the Effective Date of this Agreement, City shall
deliver a fully-executed copy of this Agreement to Escrow Holder. For purposes of this
Agreement, "Opening of Escrow" shall mean the date on which Escrow Holder receives a
fully executed copy ofthis Agreement. The "Close of Escrow" shall be the date that
Grant of Easement and Grant Deed for the Property in favor of the City are recorded in
the Official Records ofthe Riverside County Recorder's Office. The Close of Escrow
shall occur after the perfonnance of all duties and obligations under this Agreement. TIle
Close of Escrow shall be on the date that is not later than the first business day occurring
thirty (30) days after the date ofthis Agreement. Before the Close of Escrow, Seller shall
solely bear all risk ofloss and damage to the Property from any source whatsoever.
3. Purchase Price and Additional Consideration.
TIle total Purchase Price to be paid by the City for the Property is the sum
of $6,500.00 (Six TIlOusand Five Hundred Dollars) ("Purchase Price"), which sum shall
be paid to Seller in full in cash on the Close of Escrow. No attempt has been made to
assign value to any lesser interest in the Property, including any leasehold estate. The
Purchase Price, therefore, is the total price for the Property without distinction or
separation for various interests that may be held in the Property. Seller shall be
responsible for any apportionment or allocation ofthe Purchase Price if required for any
separately held interests that may exist.
4. Title and Title Insurance.
Upon the Opening of Escrow, Escrow Holder shall obtain and issue a title
commitment for the Property. Escrow Holder shall also request two copies each of all
instmments identified as exceptions on said title commitment. Upon receipt ofthe
foregoing, Escrow Holder shall deliver these instmments and the title commitment to the
City and Seller. The City's easement interests to the Property shall be insured at the
Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the
amount ofthe Purchase Price (the "Policy"). TIle Policy of Title Insurance provided for
pursuant to this Section shall insure the City's easement interests in the Property free and
clear of all liens, encumbrances, and restrictions, subject only to the following pennitted
conditions oftitle ("Permitted Title Exceptions"):
a. Real property taxes for the then current tax fiscal year, which are a
lien not then due and payable;
b. TIle applicable zoning, building and development regulations of
any municipality, county, state or federal jurisdiction affecting the Property; and
III IR6\1 1627\957223-Mitchell
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c. TIle non-monetary exceptions approved by the City within fifteen
(15) business days after the date the City receives from Escrow Holder the title
commitment and legible copies of all instruments noted as exceptions therein. If the City
unconditionally disapproves any such exceptions, Escrow shall thereupon terminate, all
funds deposited therein shall be refunded to the City (less the City's share of escrow
cancellation charges), and this Agreement shall be of no further force or effect. Ifthe
City conditionally disapproves any such exceptions, then Seller shall use Seller's best
efforts to cause such exceptions to be removed by the Close of Escrow. If such
conditionally disapproved non-monetary exceptions are not removed by the Close of
Escrow, the City may, at its option, either accept the Property subject to such
encumbrances, or terminate the Escrow and receive a refund of all funds deposited into
Escrow (less the City's share of escrow cancellation charges), if any, and this Agreement
shall thereupon be of no further force or effect. At the Close of Escrow, the City's
interests in the Property shall be free and clear of all monetary encumbrances.
5. Grant of Easement and Grant Deed.
Seller covenants and agrees to deposit with Escrow Holder prior to the
Close of Escrow a Grant of Easement fortlle 5,280 square foot penllanent easement and
Grant Deed for the 80 square foot fee area duly executed and acknowledged by Seller,
granting to the City the permanent easement and fee interest in the Property. The Grant
of Easement and Grant Deed shall be in a form provided by the City and shall be
approved by the City prior to recording. The easement granted shall be nonexclusive and
shall be consistent with this Agreement.
6. Authorization to Record Documents and Disburse Funds.
Escrow Holder is hereby authorized to record the documents and disburse
the funds and documents called for hereunder upon the Close of Escrow, provided each
ofthe following conditions has then been fulfilled:
a. Escrow Holder can issue in favor ofthe City the Policy, showing
the City's interests in the Property vested in the City subject only to the Permitted Title
Exceptions;
b. Escrow Holder shall have received the City's notice of
approval or satisfaction or waiver of all ofthe contingencies to the City's obligations
hereunder, as provided for in Section 13; and
c. Seller shall have deposited with Escrow Holder the Grant of
Easement and Grant Deed required by Section 5.
Unless otherwise instructed in writing, Escrow Holder is authorized to
record at the Close of Escrow any instrument delivered through this Escrow if necessary
or proper for issuance of the Policy, including the Grant of Easement and Grant Deed.
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7. Escrow Charl'es and Prorations.
TIle City shall pay the cost ofthe CLT A Owner's Standard Coverage
Policy of Title Insurance, the Escrow fees and Escrow Holder's customary out-of-pocket
expenses for messenger services, long distance telephone, etc. TIle City shall pay any
fees or costs relating to recording ofthe Grant of Easement and Grant Deed with the
Recorder's Office of the County of Riverside. City shall pay any documentary or other
local transfer taxes, and any other recording fees. Taxes, assessments, penalties, interest
charges, and delinquency charges of every kind levied upon or assessed against the
Property, except as otherwise expressly set forth herein, shall be paid by Seller through
Escrow to the Close of Escrow. Ifthe Escrow shall fail to close through no fault of either
party or the fault ofthe City, the City shall pay all Escrow cancellation charges.
8. License to Enter.
Seller hereby grants to the City and its authorized agents, contractors,
consultants, assigns, attorneys, accountants and other representatives an irrevocable
license to enter upon the Property during regular business hours for the limited purpose of
making inspections and other examinations ofthe Property, including, but not limited to,
the right to perform soil and geological tests of the Property and an environmental site
assessment thereof TIle City shall give Seller 3 (three) days prior written notice before
going on the Property. The City does hereby indemnify and forever save Seller, Seller's
heirs, successors and assigns, and the Property, free and harnlless from and against any
and all liability, loss, damages and costs and expenses, demands, causes of action, claims
or judgments, whether or not arising from or occurring out of any damage to the Property
as a result of any accident or other occurrence at the Property which is in any way
connected with the City's inspections or non-pernlanent improvements involving
entrance onto the Property pursuant to this Section.
9. Warranties and Renresentations of Seller.
Seller hereby represents and/or warrants to the City the following, it being
expressly understood and agreed that all such representations and/or warranties are to be
tme and correct as ofthe Close of Escrow and shall survive the Close of Escrow:
a. Seller hereby represents to the best of Seller's knowledge that (i)
on the Close of Escrow the Property shall be free and clear of any and all hazardous or
toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the
Property is in compliance with all applicable statutes and regulations, including
environmental, health and safety requirements; and (iii) Seller has no notice of any
pending or threatened action or proceeding arising out of the condition ofthe Property or
alleged violation of envirOlilllental, health or safety statutes, ordinance or regulations.
b. Seller hereby warrants and represents that neither this Agreement
nor anything provided to be done hereunder, including the transfer ofthe Property to the
City, shall at Close of Escrow violate any contract, agreement or instmment to which
III IR6\1 1627\957223-Mitchell
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Seller is a party, or which affects the Property, and the sale ofthe Property herein
contemplated does not require the consent of any party not a signatory hereto.
c. Seller hereby warrants and represents that there are no mechanics',
materialmen's or similar claims or liens presently claimed against the Property for work
performed or commenced prior to the date of this Agreement. Seller agrees to hold the
City harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney
fees, arising from or relating to any such lien or any similar lien claimed against the
Property and arising from work perfornled or commenced prior to the Close of Escrow by
or on behalf of Seller.
d. Seller hereby warrants and represents that there are no written or
oral leases or contractual right or option to rent, lease, purchase, or otherwise enjoy
possession, rights or interest of any nature in and to the Property or any part thereof, and
no persons other than Seller has any right of possession to the Property or any part
thereof
e. Seller hereby warrants and represents that Seller has no knowledge
of any pending, threatened or potential litigation, action or proceeding against Seller or
any other Party before any court or administrative tribunal that is in any way related to
the Property.
f Seller hereby represents that to the best of Seller's knowledge,
Seller is the sole owner ofthe Property, free and clear of all liens, encumbrances,
easements, encroachments from adjacent properties, or rights of way of any nature, other
than those that may appear of record in the official records ofthe Office of the Recorder,
County of Riverside.
10. Renresentations and Warranties ofCitv.
City hereby represents and warrants to the Seller the following, it being
expressly understood and agreed that all such representations and warranties are to be
true and correct as ofthe Close of Escrow and shall survive the Close of Escrow:
a. City has taken all required action to pernlit it to execute, deliver,
and perform its obligations under this Agreement.
b. City has the power and authority to execute and deliver this
Agreement and to carry out its obligations hereunder and consummate the transaction
contemplated herein.
11. Full Payment ofObli!!ations ofCitv.
a. It is understood and agreed between Seller and the City that the
payments made to Seller as set forth in this Agreement represent an all-inclusive
settlement and is full and complete payment of compensation for the acquisition of the
interests pertaining to the Property and includes and satisfies any and all other payments,
if any, that may be required by law to be paid to Seller arising out ofthe acquisition of
III IR6\1 1627\957223-Mitchell
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the Property and displacement ofthe Seller and all persons residing on the Property, and
specifically includes, but is not limited to, just compensation for the Property, including,
but are not limited to, claims for severance and other damages, attorney's fees, interest,
expenses oflitigation, expert's fees, precondemnation damages, inverse condemnation,
or any other damages of every kind and nature suffered or to be suffered by Seller by
reason ofthe City's acquisition ofthe easements comprising the Property or the Project
for which the City is acquiring the Property.
12. Releases.
a. This Agreement is a voluntary agreement and Seller, on behalf of
itself and its heirs, successors and assigns, hereby fully releases the City, its officials,
counsel, employees, and agents, from all claims and causes of action by reason of any
danlage which has been sustained, or may be sustained, as a result ofthe City's efforts to
acquire the Property or any preliminary steps thereto. Seller further releases and agrees
to hold the City harmless from any and all claims and causes of action by reason of any
leasehold interest in the Property.
b. Seller acknowledges that it may have sustained damage, loss, costs
or expenses which are presently unknown and unsuspected, and such damage, loss, costs
or expense which may have been sustained, may give rise to additional damages, loss,
costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this
Agreement has been negotiated and agreed upon in light ofthat situation, and hereby
expressly waives any and all rights which Seller may have under California Civil Code
Section 1542, or under any statute or common law or equitable principle of similar effect.
California Civil Code Section 1542 provides as follows:
"A general release does not ex1:end to claims which the
Creditor does not know or suspect to exist in his favor at
the time of executing the release, which if known by him
must have materially affected his settlement with the
debtor. "
Seller's Initials City's Initials
c. 111is Section 12 shall survive the Close of Escrow.
13. City's Continl'encies and Satisfaction.
For the benefit ofthe City, the Closing of Escrow and the City's obligation
to consummate the acquisition ofthe Property shall be contingent upon and subject to the
occurrence of all ofthe following (or the City's written waiver thereof, it being agreed
that the City can waive any or all such contingencies) on or before the Close of Escrow:
a. 111at as ofthe Close of Escrow the representations and warranties
of Seller contained in this Agreement are all tme and correct.
III IR6\1 1627\957223-Mitchell
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b. TIle deposit with Escrow Holder ofthe Grant of Easement and
Grant Deed pursuant to Section 5 above.
c. Escrow Holder's commitment to issue in favor ofthe City of a
CLT A Standard Coverage Owner's Policy of Title Insurance with liability equal to the
Purchase Price showing the City's interests in the Property subject only to the Permitted
Title Exceptions.
d. The City's approval prior to the Close of Escrow of any
environmental site assessment, soils or geological reports, or other physical inspections
ofthe Property or the underlying real property that the City might perform prior to the
Close of Escrow.
14. Certification of Non-Forei!!n Status.
Seller covenants to deliver to Escrow a certification of Non-Foreign Status
in accordance with LR.C. Section 1445, and a similar notice pursuant to Califomia
Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of Escrow.
15. Default.
In the event of a breach or default under this Agreement by either the City
or Seller, the non-defaulting party shall have, in addition to all rights available at law or
equity, the right to temlinate this Agreement and the Escrow for the purchase and sale of
the Property, by delivering written notice thereof to the defaulting party and to Escrow
Holder, and ifthe City is the non-defaulting party, the City shall thereupon promptly
receive a refund of all prior deposits, if any. Such termination of the Escrow by a non-
defaulting party shall be without prejudice to the non-defaulting party's rights and
remedies at law or equity.
16. Notices.
All notices and demands shall be given in writing by certified mail,
postage prepaid, and retum receipt requested, or by personal delivery. Notices shall be
considered given upon the earlier of (a) personal delivery, (b) two (2) business days
following deposit in the United States mail, postage prepaid, certified or registered, retum
receipt requested, or (c) one (1) business day following deposit with an ovemight carrier
service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed
as provided below for the respective party. The parties agree, however, that if any party
gives notice in writing of a change of name or address to the other party, notices to such
party shall thereafter be given as demanded in that notice:
CITY:
City of T emecula
43200 Business Park Drive
Post Office Box 9033
Temecula, Califomia 92589-9033
Attention: Shawn Nelson, City Manager
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COPY TO:
Richards, Watson & Gershon
Attention: Peter M. 11lOrson, City Attomey
355 South Grand Avenue
40th Floor
Los Angeles, Califomia 90071-3101
SELLER:
Christopher and Tammy Mitchell
45024 Muirfield Drive
Temecula, Califomia 92592-5871
ESCROW
HOLDER:
First American Title Company
3281 E. Guasti Road, Suite 490
Ontario, CA
Attn: Gloria Ybarra, Escrow Officer
TeL No. (909) 510-6221
Fax No. (909) 494-7513
17.
Further Instructions.
Each party agrees to execute such other and further escrow instmctions as
may be necessary or proper in order to consummate the transaction contemplated by this
Agreement.
18. Amendments.
Any anlendments to this Agreement shall be effective only when duly
executed by the City and Seller and deposited with Escrow Holder.
19. Miscellaneous.
a. Applicable Law. This Agreement shall be constmed and
interpreted under, and govemed and enforced according to the laws of the State of
Califomia.
b. Entire Agreement. 111is Agreement supersedes any prior
agreement, oral or written, and together with the Exhibits hereto and any agreements
delivered pursuant hereto, contains the entire agreement between the City and Seller on
the subject matter hereof No subsequent agreement, representation or promise made by
either party hereto, or by or to any employee, officer, agent or representative of either
party, shall be of any effect unless it is in writing and executed by the party to be bound
thereby. No person is authorized to make, and by execution hereof Seller and the City
acknowledge that no person has made, any representation, warranty, guaranty or promise
except as set forth herein; and no agreement, statement, representation or promise made
by any such person who is not contained herein shall be valid or binding on Seller or the
City.
III IR6\1 1627\957223-Mitchell
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c. Successors and Assigns. TIlis Agreement shall be binding upon
and inure to the benefit of the heirs, executors, administrators, successors and assigns of
the parties hereto.
d. Time of Essence. The parties acknowledge that time is of the
essence in this Agreement, notwithstanding anything to the contrary in the Escrow
company's general Escrow instructions.
e. Remedies Not Exclusive and TVaivers. No remedy conferred by
any ofthe specific provisions ofthis Agreement is intended to be exclusive of any other
remedy and each and every remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or in equity or by
statute or otherwise. TIle election of anyone or more remedies shall not constitute a
waiver of the right to pursue other available remedies.
f Intelpretation and Construction. TIle parties agree that each party
has reviewed this Agreement and that each have had the opportunity to have their legal
counsel review and revise this agreement and that any rule of construction to the effect
that ambiguities are to be resolved against the drafting party shall not apply in the
interpretation of this Agreement or any amendments or Exhibits thereto. In this
Agreement the neuter gender includes the feminine and masculine, and singular number
includes the plural, and the words "person" and "party" include corporation, partnership,
finn, trust, or association wherever the conteJ\.i so requires. The recitals and captions of
the sections and subsections ofthis Agreement are for convenience and reference only,
and the words contained therein shall in no way be held to explain, modify, amplify or
aid in the interpretation, construction or meaning ofthe provisions ofthis Agreement.
20. Attornevs' Fees.
If either party hereto incurs attorneys' fees in order to enforce, defend or
interpret any ofthe terms, provisions or conditions ofthis Agreement or because of a
breach ofthis Agreement by the other party, the prevailing party shall be entitled to
recover reasonable attorneys' fees from the other party.
21. Assh'llment.
The City may assign its rights under this Agreement or may designate a
nominee to acquire the Property, provided, however, that any such assignment or
designation shall not relieve the City of any of its obligations under this Agreement.
22. Escrow Holder Need Not Be Concerned.
Escrow Holder is not to be concerned with Sections 8, 9, 10, I L and 12
hereof, and the City and Seller release Escrow Holder from liability or obligation as to
Sections 8, 9, 10, I Land 12 hereof
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as ofthe day and year first written above.
III IR6\1 1627\957223-Mitchell
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ATTEST:
Susan W. Jones, MMC City Clerk
III IR611 1627\957223-Mitchell
SELLER
Christopher Mitchell
Tammy Mitchell
CITY OF TEMECULA, a municipal
corporation:
Chuck Washington, Mayor
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EXHIBIT "A"
Being a portion of Lot 52 otTract No. 21067, in the City ofTemecula, County of
Riverside, State of California, as filed in Book 231, Pages 41 through- 48, of Maps
in the office.of the County Recorder of said County, being more particularly
described as follows:
BEGINNING at the most southerly comer of said Lot 52, said corner being
distant 55.00 feet measured at a right angle to the centerline of Pechanga
Parkway (formerly Pala Road);
thence along the easterly line of said Lot 52, North 040 54' 45' East a distance of
30.18 feet;
thence leaving said easterly line along a line being parallel and distant 79.00 feet
from the centerline of said Pechanga Parkway, North 4r 44' 36' West a
distance of 214.B3 feet to a point in the southeasterly right-of-way of Murfield
Drive as shown on said map, said point being a point on a non-tangent curve,
concave northwesterly and having a radius of 330.00 feet, a radial to said point
bears South 6Q<> 17' 21' East;
thence southwesterly along said curved right-of-way line, through a central angle
of 3" 41' OS' and an arc length of 21.22 feet to the beginning of the comer
cutback for the intersection of Murfield Drive and Pechanga Parkway;
thence along said comer cutback, South 40" 28' 42' East a distance of 24.90 feet
.' to a point in the northeasterly right-of-way of said Pechanga Parkway;
. thence along said northeasterly right-of-way of Pechanga Parkway South 470 44'
36' East a distance of 204.49 feet to the POINT OF BEGINNING.
Contains 5,280 square feet,more or less.
See EXHIBIT "B', attached.
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EXHIBIT "An -I
Being a portion of Lot 52 of Tract No. 21067, in the City of Temecula, County of
Riverside, State of California, as filed in Book 231, Pages 41 through 48, of Maps
in the office of the County Recorder of said County, being more particularly
described as follows:
COMMENCING at the most southerly corner of said Lot 52, said comer being
distant 55.00 feet measured at a right angle to the centerline of Pechanga
Parkway (formerly Pala Road);
thence along the easterly line of said Lot 52, North 04054' 45" East a distance of
30_18 feet;
thence leaving said easterly line along a line being parallel and distant 79.00 feet
from the centerline of said Pechanga Parkway, North 470 44' 36" West a
distance of 192.19 feet to the TRUE POINT OF BEGINNING;
thence continuing along said line, North 470 44' 36" West a distance of 22_64 feet
to a point in the southeasterly right-of-way ofMurfield Drive as shown on said
map, said point being a point on a non-tangent curve, concave northwesterly and
having a radius of 330.00 feet, a radial to said point bears South 60" 17' 21" East;
thence northeasterly along said curved right-of-way line, through a central angle
of 1015' 19" and an arc length of723 feet;
thence leaving said right-of-way, South 31034'48" East a distance of 25_29 feet
to the TRUE POINT OF BEGINNING_ .
Contains 80 square feet, more or less.
See EXHIBIT "B", attached.
.
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II
ITEM NO.5
II
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Approvals
City Attorney
Director of Finance
City Manager
~
/112
(J(L.,
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
William G. Hughes, Director of Public Work
DATE:
September 25, 2007
SUBJECT:
French Valley Parkway Interchange Project - Joint Resolution with the City of
Murrieta
PREPARED BY:
Greg Butler, Deputy Director of Public Works - CIP
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 07-
A JOINT RESOLUTION OF THE CITY COUNCILS OF THE CITIES
OF TEMECULA AND MURRIETA RECOGNIZING THE REGIONAL
SIGNIFICANCE OF THE PLANNED FRENCH VALLEY PARKWAY I
INTERSTATE-15 OVER-CROSSING AND INTERCHANGE
IMPROVEMENTS PROJECT AND COMMITTING TO WORK
TOGETHER TO EXPEDITIOUSLY DELIVER THE PROJECT.
BACKGROUND: The French Valley Parkway/l-15 Over-Crossing and Interchange
Improvements Project will provide a new connection to 1-15 between Winchester Road and the 1-
15/1-215 split. This project is intended to upgrade the existing freeway system and improve traffic
flow and safety in southwest Riverside County.
On January 14, 2003, Council entered into a an agreement with Moffat & Nichol Engineers (M&N)
for the Project Report phase of the French Valley Parkway I nterchange Project, which includes
Poject Approval & Environmental Document (PA & ED). Since that time Staff and M&N have been
working with the City of Murrieta, the County of Riverside, Caltrans and the Federal Highway
Administration (FHWA) to complete the multitude of reports, maps, technical studies, and exhibits
necessary to gain approval of the Project Report and Environmental Document. Upon approval of
those documents the Plans & Specifications for the construction of the project can be
prepared/finalized. It is anticipated this project will be constructed in 2 phases. Phase I
(southbound off-ramp to French Valley Parkway, auxiliary lane between French Valley and
Winchester southbound off-ramp, and bridge widening over Santa Gertrudis Creek at the
Winchester southbound off-ramp) is currently scheduled to begin construction July2009. Phase II,
the remainder of the project, is anticipated to begin construction November 2010 and be complete
by December 2012.
Due to the complexity of this project, the Cities of Temecula and Murrieta are seeking a
cooperativelcoordinated effort to expeditiously deliver this high priority project. The attached
Resolution, which was adopted by the City of Murrieta at its regularly scheduled meeting on
September 18, 2007, formalizes that commitment.
FISCAL IMPACT:
None.
ATTACHMENTS:
1. City of Temecula - Resolution
2. City of Murrieta - Agenda Report
3. City of Murrieta - Resolution
RESOLUTION NO. 07-00
A JOINT RESOLUTION OF THE CITY COUNCILS OF THE
CITIES OF TEMECULA AND MURRIETA RECOGNIZING
THE REGIONAL SIGNIFICANCE OF THE PLANNED
FRENCH VALLEY PARKWAY I INTERSTATE-15 OVER-
CROSSING AND INTERCHANGE IMPROVEMENTS
PROJECT AND COMMITTING TO WORK TOGETHER TO
EXPEDITIOUSLY DELIVER THE PROJECT.
THE CITY COUNCILS OF THE CITIES OF TEMECULA AND MURRIETA DO
HEREBY RESOLVE AS FOLLOWS:
WHEREAS, Southwest Riverside County has experienced significant growth and
is projected to continue to experience significant growth in the foreseeable future; and,
WHEREAS, the aforementioned growth has increased the demand on the
existing freeway system between Winchester Road and the Interstate 15/1nterstate 215
split; and,
WHEREAS, the traffic flow on the existing freeway system is degrading to
unacceptable levels; and,
WHEREAS, the safety of the traveling public on the existing freeway system is
also degrading to unacceptable levels; and,
WHEREAS, the French Valley Parkway I Interstate-15 Over-Crossing and
Interchange Improvements Project will upgrade the existing freeway system to improve
traffic flow and safety; and,
WHEREAS, the complexity of Federal and State oversight of the development of
the French Valley Parkway I Interstate-15 Over-Crossing and Interchange
Improvements Project is challenging; and,
WHEREAS, United States Congressman Darrell Issa, State of California
Assemblyman Kevin Jeffries, and Riverside County Supervisor Jeff Stone recognize the
aforementioned complexity and challenges, and have fully involved themselves to
support the expeditious completion of the French Valley Parkway Ilnterstate-15 Over-
Crossing and Interchange Improvements Project; and,
WHEREAS, we can protect and significantly improve the quality of life in
Southwest Riverside County through the coordinated cooperative effort of the local
governments; and,
WHEREAS, we desire to demonstrate through a cooperative effort with our
fellow local governments the ability to improve the safety of our citizenry and the
traveling public.
NOW, THEREFORE, BE IT RESOLVED that the Temecula City Council and the
Murrieta City Council hereby declare that the French Valley Parkway I Interstate-15
Over-Crossing and Interchange Improvements Project is one of the most important
transportation projects in Southwest Riverside County and with the continued support of
United States Congressman Darrel Issa, California Assemblymen Kevin Jefferies, and
Riverside County Supervisor Jeff Stone commit to work cooperatively to insure the
timely delivery of this essential addition to the regional transportation network.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 25th day of September, 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 25th day of September, 2007, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
,,"T'}'I~
~
J..{urrida
City Council Agenda Report
Date:
Subject:
Mayor and City Council
Patrick Thomas, Director of Public Works/City Engineer
For Information Contact: Mr. Thomas at 951-461-6078
September 18, 2007
French Valley Parkway - Joint Resolution with City of Temecula
To:
From:
RECOMMENDATION
Adopt a Joint Resolution with the City of Temecula recognizing the significance of the French Valley
Parkway/I-15 Over-Crossing and Interchange project and committing to work together to expeditiously
deliver the project.
BACKGROUND
The French Valley Parkway/I-15 Over-Crossing and Interchange Improvements Project will provide a
new connection to 1-15 between Winchester Road and the 1-15/1-215 split. This project is intended to
upgrade the existing freeway system and improve traffic flow and safety between the cities of Murrieta
and Temecula. The City of Temecula is acting as the lead agency and directing the preparation of
plans, specifications and environmental studies for this project, as well as coordinating with the City of
Murrieta, County of Riverside, Caltrans and Federal Highway Administration (FHWA). Due to the
complexity of this project, the City of Temecula has requested a coordinated effort in order to
expeditiously deliver this high priority project.
The City of Temecula is currently preparing a New Connection Report and Traffic Operations Report for
review by Caltrans and FHWA. Upon approval of this report, the City will begin formal review of the
Environmental Document and Preparation of plans and specifications. It is anticipated this project will
be constructed in 2 phases. Phase I (southbound off-ramp to French Valley Parkway, auxiliary lane
between French Valley and Winchester southbound off-ramp, and bridge widening over Santa
Gertrudis Creek at the Winchester southbound off-ramp) is anticipated to begin July 2009. Phase II,
the remainder of the project, is anticipated to begin in November 201 0 and be complete by December
2012.
FISCAL IMPACT
None
ATTACHMENT
1. Resolution
APPROVALS: City Attorney
Finance Dir.
City Manager
RESOLUTION NO.
A JOINT RESOLUTION OF THE CITY COUNCILS OF THE CITIES
OF TEMECULA AND MURRIETA RECOGNIZING THE REGIONAL
SIGNIFICANCE OF THE PLANNED FRENCH VALLEY PARKWAY I
INTERSTATE-15 OVER-CROSSING AND INTERCHANGE
IMPROVEMENTS PROJECT AND COMMITTING TO WORK
TOGETHER TO EXPEDITIOUSLY DELIVER THE PROJECT.
THE CITY COUNCILS OF THE CITIES OF TEMECULA AND MURRIETA DO
HEREBY RESOLVE AS FOLLOWS:
WHEREAS, Southwest Riverside County has experienced significant growth and
is projected to continue to experience significant growth in the foreseeable future; and
WHEREAS, the aforementioned growth has increased the demand on the
existing freeway system between Winchester Road and the Interstate 15/lnterstate 215
split; and
WHEREAS, the traffic flow on the existing freeway system is degrading to
unacceptable levels; and
WHEREAS, the safety of the traveling public on the existing freeway system is
also degrading to unacceptable levels; and
WHEREAS, the French Valley Parkway / Interstate-15 Over-Crossing and
Interchange Improvements Project will upgrade the existing freeway system to improve
traffic flow and safety; and
WHEREAS, the complexity of Federal and State oversight of the development of
the French Valley Parkway / Interstate-15 Over-Crossing and Interchange
Improvements Project is challenging; and
WHEREAS, United States Congressman Darrell Issa, State of California
Assemblyman Kevin Jeffries, and Riverside County Supervisor Jeff Stone recognize the
aforementioned complexity and challenges, and have fully involved themselves to
support the expeditious completion of the French Valley Parkway / Interstate-15 Over-
Crossing and Interchange Improvements Project; and
WHEREAS, the Cities of Murrieta and Temecula can protect and significantly
improve the quality of life in Southwest Riverside County through the coordinated
cooperative effort of the local governments; and,
WHEREAS, the Cities of Murrieta and Temecula desire to demonstrate through a
cooperative effort with our fellow local governments the ability to improve the safety of
our citizenry and the traveling public.
NOW, THEREFORE, BE IT RESOLVED that the Temecula City Council and the
Murrieta City Council hereby declare that the French Valley Parkway / Interstate-15
Over-Crossing and Interchange Improvements Project is one of the most important
transportation projects in Southwest Riverside County and with the continued support of
United States Congressman Darrel Issa, California Assemblymen Kevin Jefferies, and
Riverside County Supervisor Jeff Stone commit to work cooperatively to insure the
timely delivery of this essential addition to the regional transportation network.
PASSED, APPROVED AND EFFECTIVE on the
day of
, 2007.
Attest:
Douglas R. McAllister, MAYOR
Kay Vinson, CITY CLERK
City of Murrieta
Approved as to Form:
Leslie E. Devaney, CITY ATTORNEY
City of Murrieta
I, A. Kay Vinson, City Clerk of the City of Murrieta, California, DO HEREBY
CERTIFY that the Resolution was duly and regularly adopted by the City Council of
the City of Murrieta, California, at a meeting thereof held on the day of
2007 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and official seal of the City of Murrieta,
California, this day of 2007.
Kay Vinson
City Clerk of the City of Murrieta
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ITEM NO.6
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Approvals
City Attorney
Director of Finance
City Manager
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CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
John Meyer, Redevelopment Director
DATE:
September 25, 2007
SUBJECT:
License Agreement for the TEAM Community Pantry
RECOMMENDATION:
That the City Council:
1. Approve a First Amendment to the License Agreement between the City of
Temecula and the Global Community Foundation to terminate the Agreement
2. Approve the License Agreement between the City of Temecula and the
TEAM Community Pantry to maintain a modular office building and storage
containers at the Temecula Community Center in a monthly amount of $1,100
($13,200 annually).
BACKGROUND: On September 12, 2006, the City of Temecula entered into a License
Agreement with the Foundation to establish an interim facility which enabled the Team Community
Pantry (Pantry) to continue to serve the community. This was an interim solution while the
Foundation and the City worked together to establish a permanent facility. The Foundation will no
longer be able to assist in this effort. Therefore, it is necessary to terminate the existing Agreement
with the Foundation and replace it with an Agreement with the Pantry.
The Agreement with the Pantry will allow for the modular unit to remain at the Temecula Community
Center location for 18 months. This will allow the Pantry to continue to provide services to the local
community.
The City will continue to work on the relocation and rehabilitation of the Escallier House and Barn.
The City Council has approved a master site plan for the buildings and City staff is working on the
plans for the buildings' rehabilitation. It is anticipated that the buildings will be relocated and the
rehabilitation work will begin in early 2008.
FISCAL IMPACT: The term of the license agreement includes a $1,100 per month rental
payment from the Pantry to the City of Temecula. This payment will cover the City's cost of the
modular building's lease. The Pantry will pay for all utilities.
ATTACHMENTS:
First Amendment
License Agreement
FIRST AMENDMENT TO LICENSE AGREEMENT
BETWEEN THE CITY OF TEMECULA AND GLOBAL
COMMUNITY FOUNDATION FOR USE OF CITY
PROPERTY
THIS FIRST AMENDMENT is made and entered into as of September 11, 2007 by
and between the City of Temecula, a municipal corporation ("City") and Global Community
Foundation, a California non-profit corporation ("Licensee"). In consideration ofthe mutual
agreements contained herein, the parties agree as follows:
1. Recitals. This First Amendment is made with respect to the following facts
and for the following purposes, which each of the parties hereto acknowledge as true and correct:
A On September 12, 2006, the City and Licensee entered into that certain
"License Agreement Between the City of Temecula and Global Community Foundation for Use
of City Property" ("License Agreement").
B. Licensee has lost its funding for the development of the project
contemplated for the Subject Property and is unable to fulfill the ternlS of the License
Agreement.
C. TIle parties therefore desire to ternlinate the License Agreement.
2. Termination of License Agreement. The parties hereby terminate the License
Agreement as of August 31, 2007 provided that the ternlS of Paragraph 5, Liens, and Paragraph
7, hldemnification, shall survive ternlination of the License Agreement for any such actions of
the Licensee that occurred or should have occurred on or before August 31, 2007.
3. Modular Building. As part ofthe License Agreement, Licensee entered into a
lease for the modular building on the Subject Property. Licensee agrees to take whatever actions
are necessary to transfer this lease to the City. The City Council approves the transfer of the
lease from the Licensee to the City and authorizes and directs the City Manager to enter into
such agreements as are necessary to effectuate this transfer.
4. Internretation. Each party had the full opportunity to participate in the drafting of
this First Amendment and, therefore, this First Amendment shall not be interpreted against any
party on the ground that the party who drafted the First Amendment or caused it to be prepared.
5. Authoritv to Enter Into First Amendment. Each person signing below personally
warrants and represents to the City that the Licensee has approved this First Amendment, intends
to be bound by its ternlS and that they are duly authorized to execute this First Amendment on
behalf ofthe Licensee.
6. Entire Agreement. TIlis First Amendment and any documents attached hereto or
mentioned herein, contain all ofthe agreements ofthe parties regarding terms set forth in this
C' \ WINDOWSlapsdoc\nettemp\25121$ASQpdf85 84 77 .DC(JC
First Amendment, and no prior agreement or understanding pertaining to any such matter shall
be effective for any purpose.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as ofthe
date first above written.
GLOBAL COMMUNITY FOUNDATION,
a California Non-Profit Corporation
By:
Name:
Title:
By:
Name:
Title:
C' \ WINDOWSlapsdoc\nettemp\25121$ASQpdf85 84 77DQlC
CITY OF TEMEClTLA
Chuck Washington
Mayor
ATTEST:
Susan Jones, MMC
City Clerk
APPROVED AS TO FORM:
Peter M. 11lOrson
City Attomey
C' \ WINDOWSlapsdoc\nettemp\25121$ASQpdf85 84 77D@lC
LICENSE AGREEMENT BETWEEN THE CITY OF
TEMECULA AND TEAM COMMUNITY PANTRY FOR
USE OF CITY REAL PROPERTY
THIS LICENSE AGREEMENT is entered into by and between the City of Temecula, a
municipal corporation ("City") and TEAM Community Pantry, a Califomia non-profit
corporation ("Licensee") and is made as of September 25, 2007. In consideration ofthe mutual
agreements contained herein, the parties hereto agree as follows:
I. Recitals. This Agreement is made with respect to the following facts and for the
following purposes, which each ofthe parties hereto acknowledge as true and correct:
A The City is the owner of certain real property in the City of T emecula
generally known as the Temecula Community Center located at 28870 Pujol Street, Temecula,
Califomia, and identified as Assessor's Parcel Number 922-100-026 (hereafter "Community
Center Site").
B. The Licensee is a non-profit corporation that provides community services for
the Temecula area in the foml ofthe distribution offood, clothing and social services for all
members ofthe T emecula community who may be in need.
C. TIle City is willing to grant this License to Licensee in consideration of and
recognition ofthe community services provided to the community by the Licensee.
D. TIle City and Licensee desire to enter into this Agreement to provide the temlS
and conditions upon which Licensee shall use the portion ofthe Community Center Site
described below.
2. Ri"ht to Use Portion of Communi tv Center Site: Rent.
A City hereby grants a license to Licensee to use the modular building that
portion of the Community Center Site described on Exhibit "A," attached hereto and
incorporated herein (hereafter referred to as "Subject Property") and located on the Subject
Property at the location shown on Exhibit "B," attached hereto and incorporated herein, subject
to the terms and conditions ofthis Agreement.
B. City shall install a temporary modular building that is approximately 1,400
square feet at the location shown on Exhibit "B". Said temporary modular building shall not
exceed a width oftwenty-four feet (24'), a length of six1:y-four feet (64') and a height of fourteen
feet (14').
C. Licensee shall pay rent to the City in the amount of one thousand dollars
($1,100.00) per month payable in advance on the first business day of each month.
c:\ WINDOWS\ap~Joc\nettemp\66()I$ASQpJf8583()6.DOC 1
3. Tenn of License to Use Communitv Center Site.
A Duration. The T enn ofthis Agreement shall be two years, commencing on
September 1, 2007 and ending on August 31, 2008, subject to the eJ\.iension of the tenn as
provided in Subsection 3.c.
B. Right to Tenninate Agreement. Either party may tenninate this Agreement
for any reason by providing a siJ\.iy (60) day written notice oftennination to the other party at the
addresses shown in Section 12, below.
C. Notice of Desire to EJ\.iend Tenn. On or before June 1, 2008, Licensee shall
give written notice to the City at the address shown in Section 12, below of Licensee's desire to
further eJ\.iend the Term of this Agreement for one (1) additional year through August 31, 2009.
The Term shall be eJ\.iended for one (1) additional year through August 31,2009 only if such
eJ\.iension is approved by the City Manager in writing. Nothing in this section shall be constmed
as an obligation of City to eJ\.iend the Tenn, nor shall it be constmed as granting Licensee any
option to eJ\.iend the Tenn, regardless of whether or not Licensee provides the notice described
herein.
4. Resnonsibilities of the Parties. Licensee may place roll-off storage container(s), not
to exceed 400 square feet total, adjacent to the temporary modular building at its sole cost and
expense. Between November 1 ~t and January 7th the Licensee will be allowed to locate a
refrigerated trailer for purposes of storing perishable goods. Licensee shall obtain all applicable
pennits and approvals from the City of Temecula for this storage container. Licensee shall
maintain the temporary modular building, storage container, trailer, and surrounding area in a
neat and clean condition.
5. Liens. Licensee shall not directly or indirectly create or pennit to be created or to
remain any mortgage, lien, encumbrance, charge or pledge ofthe Subject Property. Licensee
shall defend, indemnify and hold City harmless, pursuant to Section 7, below, from any liens that
may attach to the Community Center Site or to the Subject Property arising from the use of the
temporary modular building for the operation of the TEAM Community Pantry.
6. Return ofthe Pronertv. Upon termination ofthis Agreement, Licensee shall remove
the temporary modular building from the Subject Property at its sole cost and return the Subject
Property in as good a condition and repair as the Subject Property existed as of the date ofthis
Agreement.
7. Indemnification. Licensee shall defend, indemnify, assume all responsibility for and
hold the City, Temecula Community Services District and Redevelopment Agency its officers,
officials, agents, employees and volunteers ("Indemnified Parties"), harnlless from all costs
(including attorneys fees and costs), claims, demands, mechanics liens, liabilities or judgments
for injury or damage to property and injuries to persons, including death that may be caused by
any ofthe actions or inactions ofthe Licensee or users ofthe Subject Property or that may result
from the Licensee's use of the Subject Property, whether such actions or inactions or use by
Licensee or any person directly or indirectly employed or contracted with by Licensee and
c:\ WINDOWS\ap~Joc\nettemp\66()I$ASQpJf8583()6.DOC 2
whether such action shall accme or be discovered before or after tennination ofthis Agreement.
TIlis section shall survive tennination ofthis License Agreement.
8. Insurance Reouirements. Licensee shall procure and maintain for the duration ofthe
contract insurance against claims for injuries to persons or damages to property that may arise
from or in connection with the performance of the work hereunder by the Licensee, its agents,
representatives or employees.
A Minimum Scone of Insurance. Coverage shall be at least as broad as the
following coverages and any updated industry standard policies:
I) Insurance Services Office Commercial General Liability coverage
(occurrence form No. CG 00 0111 85 or 88).
2) Worker's Compensation insurance as required by the State of California
and Employer's Liability Insurance.
B. Minimum Limits ofInsurance. Licensee shall maintain limits no less than:
I) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury, and property damage for Licensee or its tenant (or assigns). If Commercial General
Liability Insurance or other form with a general aggregate limit is issued, either the general
aggregate limit shall apply separately to the Subject Property or the general aggregate limit shall be
twice the required occurrence limit.
2) Worker's Compensation as required by the State of California.
C. Deductibles and Self- Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the Director of Finance. At the option ofthe
Director of Finance, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the City, its officers, officials, agents, employees or volunteers, or the
Licensee shall procure a bond guarantee payment oflosses and related investigations, claim
administration and defense expenses.
D. Other Insurance Provisions. TIle general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
I) TIle Indemnified Parties (as defined in Section 7) shall be covered as
insured's as respects: liability arising out of activities performed by or on behalf ofthe Licensee;
products and completed operations of the Licensee; premises owned, occupied or used by the
Licensee; or automobiles owned, leased, hired or borrowed by the Licensee. The coverage shall
contain no special limitations on the scope of protection afforded to the Indemnified Parties.
2) For any claims related to the Licensee's use ofthe Subject Property, the
Licensee's insurance coverage shall be primary insurance as respects the Indemnified Parties. Any
insurance or self-insured maintained by the Indemnified Parties shall be in excess ofthe Licensee's
insurance and shall not contribute with Licensee's insurance.
c:\ WINDOWS\ap~Joc\nettemp\66()I$ASQpJf8583()6.DOC 3
3) Any failure to comply with reporting or other provisions ofthe policies
including breaches of warranties shall not affect coverage provided to the Indemnified Parties.
4) TIle Licensee's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits ofthe insurer's liability.
5) Each insurance policy required by this agreement shall be endorsed to
state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to
mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is cancelled or, reduced in coverage or in limits
the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify
the City via certified mail, return receipt requested ofthe changes to or cancellation ofthe policy.
7) Accentabilitv of Insurers. Insurance is to be placed with insurers
with a current AM. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
Self-insurance shall not be considered to comply with these insurance requirements.
8) Verification of Coverage. Licensee shall furnish the City with
original endorsements effecting coverage required by this clause. The endorsements are to be
signed by a person authorized by that insurer to bond coverage on its behalf TIle endorsements
are to be on fornls provided by the City. All endorsements are to be received and approved by the
City before Licensee begins to use the Subject Property. As an alternative to the City's fornls, the
Licensee's insurer may provide complete, certified copies of all required insurance policies,
including endorsements effecting the coverage required by these specifications.
9. Assignment and Subletting. Licensee shall not assign its interest in this Agreement or
in the Subject Property to any person or entity without first obtaining the City Manager's written
consent. Any assignment without the City Manager's prior written consent shall be voidable
and, at the City Manager's election, shall constitute a default.
10. Use Restrictions. Licensee agrees to maintain the Subject Property in a clean and
neat condition, free and clear of garbage, weeds, and debris. No dumping, storage of hazardous
or toxic waste, nor the maintenance of any nuisance, public or private, shall be pernlitted.
License shall be responsible for all maintenance ofthe Subject Property, except for such
maintenance as may be undertaken by the City in its discretion.
II. Utilities. Licensee shall pay for all utility costs incurred on the Subject Property for
the periods when Licensee is using the Subject Property.
12. Notice. Any notices which either party may desire to give to the other party under
this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery
by a reputable document delivery service, such as but limited to, Federal Express, that provides a
receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified
mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth
below or at any other address as that party may later designate by written notice to the other
party:
c:\ WINDOWS\ap~Joc\nettemp\66()I$ASQpJf8583()6.DOC 4
City:
CITY OF TEMECLTLA
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
Licensee:
TEAM Community Pantry
28870 Pujol Street
Temecula, CA 92589
13. Legal ResDonsibilities: Non-Discrimination. The Licensee shall keep itself informed
of alllocaJ. State and Federal ordinances, laws and regulations which in any manner affect those
employed by it or in any way affect the perfornlance of its services described in this Agreement.
As required by law, the Licensee hereby covenants that there shall be no discrimination against
or segregation of any person or group of persons, on account of any basis listed in subdivision (a)
or (d) of Section 12955 ofthe California Government Code, as those bases are defined in
Sections 12926, 12926.1, subdivision (m) and paragraph (I) of subdivision (p) of Section 12955,
and Section 12955.2 ofthe California Government Code, in the use, occupancy, tenure or
enjoyment of the Subject Property or operations ofthe activities thereon, nor shall the Licensee
establish or pernlit any such practice or practices of discrimination or segregation. TIle Licensee
shall at all times observe and comply with all such ordinances, laws and regulations. TIle City,
and its officers and employees, shall not be liable at law or in equity occasioned by failure ofthe
Licensee to comply with this section.
14. Taxes. Licensee shall pay any possessory interest taxes, and general and special
assessments, if any, which may levied against the modular building described at Section 2 above
as a result of Licensee's use ofthe Subject Property.
15. Internretation. Each party had the full opportunity to participate in the drafting of this
Agreement and, therefore, the Agreement shall not be interpreted against any party on the ground
that the party drafted the Agreement or caused it to be prepared.
16. Authoritv to Enter Into AQ:feement. Each person signing below personally warrants
and represents to the City that the Licensee has approved this License, intends to be bound by its
ternlS and that they are duly authorized to execute this License Agreement on behalf ofthe
Licensee.
17. Entire AQ:feement. TIlis Agreement and any documents attached hereto or mentioned
herein, contain all ofthe Agreements of the parties regarding the Subject Property, and no prior
agreement or understanding pertaining to any such matter shall be effective for any purpose.
18. Amendments. No provision ofthis Agreement may be anlended except by the written
agreement of both parties.
c:\ WINDOWS\ap~Joc\nettemp\66()I$ASQpJf8583()6.DOC 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as ofthe date
first above written.
TEAM Community Pantry,
a California Non-Profit Corporation
By:
Name:
Title:
By:
Name:
Title:
CITY OF TEMEClTLA
Chuck Washington
Mayor
ATTEST:
Susan Jones, MMC
City Clerk
APPROVED AS TO FORM:
Peter M. Thorson
City Attorney
c:\ WINDOWS\ap~Joc\nettemp\66()I$ASQpJf8583()6.DOC 6
EXHIBIT "A"
DESCRIPTION OF SUBJECT PROPERTY
The portion of the Temecula Community Center Site that is the subject ofthis License
and referenced in Paragraph 2 ofthis Agreement consists of an approximate 1,400 square foot
area of the southern portion of the real property owned by the City of Temecula located at 28816
Pujol Street, Temecula, California, 92590 and identified as Assessors Parcel Number 922-100-
026.
TIle Subject Property is depicted on Exhibit "B" hereto.
A-I
EXHIBIT B
DEPICTION OF SUBJECT PROPERTY AND LOCATION OF MODULAR BUILDING
B-1
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ITEM NO.7
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Approvals
City Attorney
Director of Finance
City Manager
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CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
William G. Hughes, Director of Public Works
DATE:
September 25, 2007
SUBJECT:
First Amendment to the Non-Exclusive Purchase Agreement for the Traffic
Signal Installation for the Traffic Signal @ Rancho California Road and Business
Park Drive, West; Project No. PW07-02
PREPARED BY:
Greg Butler, Deputy Director of Public Works - CIP
Scott Harvey, Associate Engineer
RECOMMENDATION: That the City Council approve the First Amendment with McCain
Traffic Supply, Inc. to provide a Traffic Signal Controller, Cabinet and Battery Back-Up System for
the Traffic Signal Installation at Rancho California Road and Business Park Drive West, Project No.
PW07-02, for an amount not to exceed $12,053.99 and authorize the Mayor to execute the
amendment.
BACKGROUND: This project will be installing an eight phase traffic signal at the
intersection of Rancho California Road & Business Park Drive, West. There will also be a flashing
beacon installed west of the intersection to alert motorists of the traffic signal when traveling east on
Rancho California Road from the De Luz area.
On August 14, 2007, City Council authorized the solicitation of construction bids forthe construction
of the Traffic Signal at Rancho California Road and Business Park Drive West. Staff will be
advertising for construction bids shortly, with the stipulation that the City supply the Contractor with
specific traffic control equipment. On August 30,2007, a Non-Exclusive Purchase Agreement was
executed with McCain Traffic Supply, Inc. to procure traffic signal poles and equipment in the
amount of $28,262.83 for this project. Staff is recommending that this agreement be amended to
include the procurement of the Traffic Signal Controller, Cabinet and Battery Back-Up System due to
their long lead times. By ordering this equipment now, we are able to cut the overall schedule for
the installation of this traffic signal project.
FISCAL IMPACT: The Traffic Signal Installation at Rancho California Road and
Business Park Drive West, Project PW07-02, is a Capital Improvement Project funded through
Development Impact FeeslTraffic Signals. Adequate funds are available in Account No. 210-165-
673-5804 to cover the purchase agreement in the amount of $28,262.83 plus the first amendment
amount of $12,053.99 for a total purchase amount of $40,316.82.
ATTACHMENTS:
1. Signal Location Map
2. Project Description
3. First Amendment
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FIRST AMENDMENT TO AGREEMENT
BETWEEN CITY OF TEMECULA AND
MC CAIN TRAFFIC SUPPLY, INC.
TRAFFIC SIGNAL INSTALLATION
RANCHO CALIFORNIA ROAD AT BUSINESS PARK DRIVE, WEST
PROJECT NO. PW07-02
THIS FIRST AMENDMENT is made and entered into as of September 25, 2007 by and
between the City of Temecula, a municipal corporation ("City") and McCain Traffic Supply,
Inc., ("Vendor"). 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 August 30, 2007 the City and Vendor entered into that certain
agreement entitled "City of Temecula Agreement for the purchase of traffic signal poles
("Agreement") in the amount of Twenty Eight Thousand Two Hundred Sixty Two Dollars
and Eighty Three Cents ($28,262.83).
B. The parties now desire to increase the payment amount for the additional
purchase of a traffic signal control box, cabinet and battery back-up system in the amount of
Twelve Thousand Fifty Three Dollars and Ninety Nine Cents ($12,053.99) and amend the
Agreement as set forth in this Amendment.
2.
follows:
l:?ection 2. Purchase Price of the Agreement is hereby amended to read as
a. The Purchase Price, which City agrees to pay to Vendor for the
Merchandise, will be as quoted in Exhibit A, Description of Merchandise,
with an annual not to exceed amount of Twenty Eight Thousand Two
Hundred Sixty Two Dollars and Eighty Three Cents ($28,262.83) for
the total term of the agreement. Vendor will submit invoices monthly for
actual merchandise ordered and received. Invoices shall be submitted
between the first and fifteenth day of each month for merchandise
delivered and received. Payment shall be made within thirty (30) days of
receipt of the invoice as to all non-disputed fees. If the City disputes any
of the Vendor's fees, it shall give written notice to the Vendor within thirty
(30) days of receipt of the invoice of the disputed fees on the invoice.
The not to exceed purchase amount listed herein is an estimated
expenditure and this agreement does not guarantee Vendor this amount
in purchases. The First Amendment amount shall not exceed Twelve
Thousand Fifty Three Dollars and Ninety Nine Cents ($12,053.99) for
the purchase of a traffic signal controller, cabinet and battery back-up
system for a total agreement amount, of Forty Thousand Three
Hundred Sixteen Dollars and Eighty Two Cents ($40,316.82).
3. Exhibit B to the Agreement is hereby amended by adding thereto the items set
forth on Attachment "A" to this Amendment, which is attached hereto and
incorporated herein as though set forth in full.
4. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
VENDOR
McCain Traffic Supply, Inc.
2365 Oak Ridge Way
Vista, CA 92081-8495
(760) 734-5057
FAX: (760) 727-8184
Bill Brown, Vice President
Terri Schaefer, Controller
(Two Signatures Required For Corporations)
ATTACHMENT A
MC CAIN TRAFFIC SUPPLY, INC.
TRAFFIC SIGNAL INSTALLATION
RANCHO CALIFORNIA ROAD AT BUSINESS PARK DRIVE, WEST
PROJECT NO. PW07-02
Attached hereto and incorporated herein is the additional scope of work for the traffic signal
controller, cabinet and battery back-up system and associated cost as provided by the Vendor.
. """'1IIl ,.. ..
,','_.,'..,','..../.-.....-..,,",.,..,.-.-.-.-.-.-.-.
~"?i:'.,,. c"a, n
Attn: Scott Harvey
Via E-Mail
Performance Driven
QUOTATION
Quote #:
Agency:
Job Name:
Bid Date:
Estimator: Leanne Arnold
KX081307LA1 PH. (760)734-5057
TEMECULA FX. (760)727-8184
RANCHO CAL RD @ BUSINESS PARK/RIDGE PARK DR
08.13.07
Bid Item
Qnty Description
332 Anodized Cabinet
Equipped as follows:
Corbin Locks, Drawer/Shelf
Fluorescent Lamp Kit, 1 Light, 2 Switch
HOE ControllerW/412C Prom Module & BiTran 233 Program
210 EDI Conflict Monitor
Price Extension
$8,302.00 $8,302.00
400 Modem W/C-2 Cable
(12) 200 Loadswitch
(12) EDI 222 Detector
Cabinet Print & Certificate of Compliance
(4) 3/4" X 18" X 4" Anchor Boits
(Includes Technical Support)
1
Dimension BBS inverter (DUI-24Y11) $2,885.00
BBS Combo Bypass Switch (DUI 622142-001 Open Back)
(4) BBS Battery 12VDC, 79AH
27 X 24 X 8 Battery Cabinet, Anodized
Lead Time 45-60 Days ARO
FOB Destination, Freight Allowed
$2,885.00
7.75% Sales Tax
Reference Total
$866.99
$12,053.99
Prices firm for 30 days. Freight included. Add sales tax.
Sale is subject to McCain's standard terms and conditions.
The information transmitted is intended only for the person or entity to which it is addressed and may
contain confidential and/or legally privileged material. Any review, retransmission, dissemination or
other use of, or taking of any action in reliance upon, this information by persons or entities other
than the intended recipient is prohibited. ,
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ITEM NO.8
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Approvals
City Attorney
Director of Finance
City Manager
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CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Herman Parker, Director of Community Services
DATE:
September 25, 2007
SUBJECT:
Amendment NO.1 to Verizon Cable Franchise
PREPARED BY:
Phyllis L. Ruse, Deputy Director of Community Services
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULAAPPROVING AND AUTHORIZING THE EXECUTION
OF AMENDMENT NO. 1 TO THE NONEXCLUSIVE CABLE
FRANCHISE AGREEMENT BETWEEN THE CITY AND VERIZON
CALIFORNIA INC.
BACKGROUND: On June 27, 2006, the City Council approved a cable franchise with
Verizon California, Inc. ("Verizon") to provide cable television services within the City of Temecula.
Verizon is the primary provider of residential telephone service within the City. At the time Verizon
sought a cable franchise from the City, it was in the process of upgrading its existing
telecommunications facilities in the City by installing a state-of-the-art Fiber-to-the-Premises
Telecommunications Network ("FTTP Network"). The FTTP Network will utilize fiber-optic cables
and associated optical electronics instead of copper wire to connect customers to the Verizon
network. The FTTP Network uses laser-generated pulses of light to transmit voice, data and video
signals via the fiber at speeds and capacities far exceeding today's copper-cable systems.
Verizon provides telecommunications services within the City through four wire centers:
1. Temecula wire center
2. Murrieta wire center
3. Redhawk wire center
4. Rancho California wire center
The Rancho California wire center is the largest of the four centers and provides service to the most
residential units. Exhibit A of the Franchise designates the territories serviced by the Temecula,
Murrieta, and Redhawk wire centers as the "Initial Service Area" and the Rancho California wire
center as servicing the "Extended Service Area". Per the Franchise, Verizon is required to begin
offering cable television services to residential areas within the Initial Service Area with 18 months of
the Effective Date (July 11 , 2006) and to residential areas within the Extended Service Area within
24 months of the effective date.
Actual deployment of the FTTP Network has or is occurring in the Redhawk, Murrieta and Rancho
California wire center areas and will be completed and operational within the 18 month timeframe.
The Temecula wire center will be completed and operational within 27 months of the effective date
of the Franchise. Verizon is requesting an amendment to the Franchise, making the Rancho
California wire center part of the Initial Service Area and making the Temecula wire center part of
the Extended Service Area. Verizon is also asking that the timeframe for the completion of the
Extended Service Area be increased from 24 to 27 months for deployment of services in the
Extended Service Area. Verizon estimates there are 8,518 residences serviced by the Rancho
California wire center and 323 residences serviced by the Temecula wire center.
The Amendment also provides revisions to the Annual EG Grant and Future City Facilities sections
of the Franchise. The proposed Amendment modifies the calculation for the EG Grant to be
consistent with the new state law. It also ensures that Verizon will provide free of charge the cable
infrastructure and ongoing cable service to the future City facilities listed in Exhibit B.
Approval of this item will allow the orderly deployment of the FTTP Network and cable services
provided by Verizon to the citizens of Temecula. Almost 8,200 more residents will have earlier
access to Verizon FTTP Network services and products than would under the existing Franchise.
All City residents will have access to those services and products no later than 27 months after the
Effective Date of the Franchise.
FISCAL IMPACT: There is no fiscal impact associated with the granting of the Franchise
amendment. However, the City will receive five percent (5%) ofVerizon's gross revenues for cable
services as such services are provided in the City. Cable franchise fees from both Franchisees,
Time Warner and Verizon, are budgeted at $604,000 for fiscal year 07/08.
ATTACHMENTS:
Resolution
Amendment NO.1 to Franchise Agreement
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING AND AUTHORIZING THE
EXECUTION OF AMENDMENT NO. 1 TO THE
NONEXCLUSIVE CABLE FRANCHISE AGREEMENT
BETWEEN THE CITY AND VERIZON CALIFORNIA, INC.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. This resolution is adopted in consideration of the following facts and
circumstances:
A. The City and Verizon California, Inc. ("Franchisee") are parties to
that certain Cable Franchise Agreement dated July 11, 2006 ("Franchise Agreement")
that authorizes Franchisee the right to own, construct, operate, and maintain a Cable
System in the franchise area designated in the Franchise Agreement.
B. City and Franchisee desire to amend the Franchise Agreement to
modify the respective rights and obligations of the parties, as specified in Amendment
NO.1 that is attached to this Resolution.
Section 2: That certain Amendment NO.1 to Cable Franchise Agreement in
the form presented to the City Council at this meeting is approved, and the Mayor is
authorized and directed to execute that document on behalf of the City following its
execution by the Franchisee.
Section 3: The City Clerk is directed to transmit a certified copy of this
resolution to: Mr. Tim McCallion, President, Pacific Region, Verizon California, Inc., 112
Lakeview Canyon Road, Thousand Oaks, California 91362.
Section.4: The City Clerk is directed to certify to the passage and adoption of
this resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of , 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the day of , 2007, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
AMENDMENT NO.1 TO CABLE FRANCHISE AGREEMENT
This AMENDMENT NO.1 TO CABLE FRANCHISE AGREEMENT ("Amendment") is
entered into this day of ,2007 by the City of Temecula, a municipal
corporation duly organized under the applicable laws ofthe State of California (the "City"), and
Verizon California Inc., a corporation duly organized under the applicable laws ofthe State of
California ("Franchisee"), with respect to the following recitals offact:
A. City and Franchisee are parties to that certain Cable Franchise Agreement dated
July 11, 2006 (the "Franchise Agreement") that grants to Franchisee the right to own, construct,
operate and maintain a Cable System in the Franchise Area designated in the Franchise
Agreement. Capitalized ternlS used herein and not otherwise defined shall have the meanings
assigned to those ternlS in the Franchise Agreement.
B. City and Franchisee desire to amend certain provisions of the Franchise
Agreement to modify the respective rights and obligations of the parties.
NOW THEREFORE, in consideration ofthe mutual promises contained herein, the
parties agree as follows:
1. Amendment of Section 3.1.2. Section 3.1.2 ("Ex1:ended Service Area") ofthe Franchise
Agreement is anlended to read as follows:
"3.1.2. Extended Service Area: Within twenty seven (27) months following the Service
Date, Franchisee shall provide Cable Service to all residential areas in the Ex1:ended
Service Area subject to the conditions of Section 3.1.1 above and other terms set forth
herein. Provided, however, that the Ex1:ended Service Area boundaries may be modified
in whole or in pat by Franchisee by demonstration to City that it would be technically or
economically infeasible to serve an area within the Ex1:ended Service Area."
2. Renlacement of Exhibit A. Exhibit A to the Franchise Agreement is hereby replaced
with Exhibit A attached hereto, which modifies the Initial Service Area and the Ex1:ended Service
Area.
3. Amendment to Exhibit B. TIle tex1: under the heading "Future City Facilities" in Exhibit
B ("Municipal Buildings to be Provided Free Cable Service") is anlended in its entirety to read
as follows:
"Franchisee shall provide, without charge, one service outlet activated for Basic Service
to the following municipal buildings, which are planned or under construction:"
4. Amendment to Exhibit C. Paragraph D of Exhibit C ("Support of Local Cable Usage") is
amended in its entirety to read as follows:
"D. Support of Local CaMe Usage:
1. Franchisee shall provide an annual grant to the City to be used in support
ofthe production of local EG programming (the "Annual EG Grant"). Such grant shall
be used by City ofthe EG access equipment, including, but not limited to studio and
portable production equipment, editing equipment and program playback equipment, for
renovation or construction of EG access facilities.
2. The Annual EG Grant provided by Franchisee hereunder shall not exceed one
percent (100) ofthe Franchisee's Gross Revenue as defined in Section 1.18. The actual
percentage amount and the commencement date to begin collection ofthe Annual EG
Grant will be deternlined by the Temecula City Council. City shall give the Franchisee
six1:y (60) days prior written notice before requiring payments under this section. TIle
Annual EG Grant payment, along with a brief summary of the Subscriber infornlation
upon which it is based, shall be delivered to City within six1:y (60) days after the
beginning of each calendar year during the Franchise Term. Franchisee's obligation to
pay the Annual EG Grant is contingent on all other cable operators providing EG support
on the sanle percentage of Gross Revenue basis
3. TIle City shall provide Franchisee with a complete accounting annually of the
distribution of funds granted pursuant to this Section."
5. No Imnlied Modifications. The parties confirm that, except as specifically set forth in
this Anlendment, all of the ternls, covenants, and conditions set forth in the Franchise Agreement
remain unmodified and in full force and effect.
6. Entire AQfeement. This Amendment and the attached Exhibit A supersede all prior or
contemporaneous agreements, representations or understandings ofthe parties regarding its
subject matter. This Amendment shall not be modified except by written instrument executed by
both parties.
7. Binding Accentance. TIlis Anlendment shall bind and benefit the parties and their
respective heirs, beneficiaries, administrators, executors, receivers, trustees, successors and
assigns.
TO EFFECTUATE THIS AMENDMENT, each of the parties has caused this Anlendment to be
executed by its duly authorized representative on the date set forth below the authorized
signature.
APPROVED AS TO FORM:
CITY OF TEMECULA
Peter M. TIlOrson
City Attorney
Chuck Washington
Mayor
Date:
ATTEST:
Susan W. Jones, MMC
City Clerk
VERIZON CALIFORNIA INC.,
a California corporation
By:
Tim McCallion,
President
Date:
EXHIBITS
Exhibit A: Service Area Map
Exhibit B: Municipal Buildings To Be Provided Free Cable Service
EXHIBIT A
- SERVICE AREA
MAPS
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EXHIBIT B
MUNICIPAL BUILDINGS TO BE PROVIDED FREE CABLE SERVICE
Pursuant to Section 3.3 of this Agreement, Franchisee shall provide, without charge, one service
outlet activated for Basic Service to the following buildings used for municipal purposes.
Citv Facilities:
D City Hall
43200 Business Park Drive
D F i el d Operati ons Center
43230 Business Park Drive
D Temecula Public Library
30600 Pauba Road
D Community Recreation Center
30875 Rancho Vista Road
D Patricia H. Birdsall Sports Park (fornlerly Wolf Creek Sports Complex)
31621 Deer Hollow Way
D Mary Phillips Senior Center
41845 6th Street
D Temecula Community Center
28816 Pujol Street
D Temecula Valley Museum
28314 Mercedes Street
D Imagination Workshop, The Temecula Children's Museum
42081 Main Street
D Old Town Temecula Community Theater
42051 Main Street
D Harveston Community Park - Community Building
28582 Harveston Drive
D Fire Station No. 12
28330 Mercedes Street
D Fire Station No. 73
27415 Enterprise Circle West
D Fire Station No. 84
30650 Pauba Road
D Overland Administrative Center
32364 Overland Trail
D Wolf Creek Fire Station
32211 Wolf Valley Road
D Temecula Police Department/Southwest County Detention Center
30755-A Auld Road
D Old Town Police Sub-Station
28410 Old Town Front Street, Suite 105
D Promenade Mall Police Sub-Station
40820 Winchester Road, Suite 1870
Temecula Vallev Unified School District Facilities:
D District Office
31350 Rancho Vista Road
D Maintenance and Operations/Transportation
40516 Roripaugh Road
D Chaparral High School
27215 Nicholas Road
D Great Oaks High School
32555 Deer Hollow Way
D Rancho Vista High School
31340 Rancho Vista Road
D Temecula Valley High School
21555 Rancho Vista Road
D Erle Stanley Gardner Middle School
45125 Via Del Coronado
D James L. Day Middle School
40775 Camino Campos Verdes
D Margarita Middle School
30600 Margarita Road
D Temecula Middle School
42075 Meadows Parkway
D Vail Ranch Middle School
33340 Camino Piedra Rojo
D Abby Reinke Elementary School
43799 Sunny Meadow Drive
D Helen Hunt Jackson Elementary School
32400 Camino San Dimas
D Crowne Hill Elementary
33535 Old Kent Road
D Paloma Elementary School
42940 Via Rami
D Pauba Valley Elementary School
22125 Regina Drive
D Rancho Elementary School
31530 La Serena Way
D Redhawk Elementary School
32045 Camino San Jose
D Sparkman Elementary School
32225 Pio Pi co Road
D Temecula Elementary School
41951 Moraga Road
D Vail Elementary School
29915 Mira Loma Drive
D Vintage Hills Elementary School
42240 Camino Romo
D Ysabel Barnett Elementary School
39925 Harveston Drive
Countv Facilities:
D Temecula Branch Library
41000 County Center Drive
Future Citv Facilities:
Franchisee shall provide, without charge, one service outlet activated for Basic Service to the
following municipal buildings, which are planned or under construction, if and when the
incumbent cable operator serving the City provides a similar service to that location.
D Roripaugh Fire Station #95
32121 S. Loop Road
D New City Hall
TBD (corner of Main St. and Mercedes St.)
D Young Adult Teen Center
D Expansion ofthe Temecula Community Center
TEMECULA COMMUNITY
SERVICES DISTRICT
I~-- .
,
II
ITEM NO.9
II
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II
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I
I
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II
__. . I
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA COMMUNITY SERVICES DISTRICT
SEPTEMBER 11, 2007
A regular meeting of the City of Temecula Community Services District was called to order at
7:25 p.m., at the Temecula Duck Pond at 28250 Rancho California Road, Temecula, California.
ROLL CALL
PRESENT:
5
DIRECTORS:
Edwards, Naggar, Roberts, Washington,
Comerchero
ABSENT:
o
DIRECTORS:
None.
Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No input.
CSD CONSENT CALENDAR
10 Minutes
RECOMMENDATION:
10.1 Approve the minutes of August 28, 2007.
11 Financial Statements for the Fiscal Year Ended June 30. 2007
RECOMMENDATION:
11.1 Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2007.
12 Securitas Securitv Aareement
RECOMMENDATION:
12.1 Approve an Agreement between the Temecula Community Services District and
Securitas Security Services USA Inc. to provide security services in the amount of
$48,000.
13 Food and Beveraae Sales Aareement with Full Value Entertainment
RECOMMENDATION:
13.1 Approve an agreement with Full Value Entertainment to provide concession
services at the Old Town Temecula Community Theater.
R:\Minutes\091107
MOTION: Director Washington moved to approve the Consent Calendar. Director Edwards
seconded the motion and voice vote reflected unanimous aooroval.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
No reports at this time.
CSD GENERAL MANAGERS REPORT
No reports at this time.
CSD BOARD OF DIRECTORS REPORTS
No reports at this time.
CSD ADJOURNMENT
At 7:27 p.m., the Temecula Community Services District meeting was formally adjourned to
Tuesday, September 25, 2007, at 5:30 p.m. for a Closed Session, with regular session
commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula,
California.
Jeff Comerchero, President
ATTEST:
Susan W. Jones, MMC
City Clerk/District Secretary
[SEAL]
R:\Minutes\091107
2
Ii
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I.
ITEM NO.1 0
I
I
Approvals
City Attorney
Director of Finance
City Manager
~
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c.kL-
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Herman D. Parker, Director of Community Services
DATE:
September 25, 2007
SUBJECT:
Acceptance of Landscape Bonds and Agreement for Parcel Map No. 23496 -
Auto Mall Landscaped Medians
PREPARED BY:
Barbara Smith, Senior Management Analyst
RECOMMENDATION: That the Board of Directors accept the surety bonds and agreement
from I ndemnity Company of California to construct landscaped medians along Ynez Road between
Rancho California and Solana Roads.
BACKGROUND: As a result of the expanding development of the Auto Mall along Ynez
Road a landscaped median will be constructed. The developer has provided Temecula Community
Services District (TCSD) with surety bonds and an agreement to install the landscaping to TCSD's
standards.
Once the landscaping is completely installed and the TCSD has approved the landscape
improvements, staff will recommend the appropriate release or reduction of the submitted bonds. At
that time, TCSD will take over the maintenance responsibilities of the landscaped median
improvements.
The following is information regarding the bonds provided by Indemnity Company of California:
1. Faithful Performance Bond No. 733382S for $26,916.65
2. Labor and Materials Bond No. 733382S for $13,458.32
3. Warranty Bond No. 733382S for $2,691.66
FISCAL IMPACT: None. The cost of construction for the perimeter slope areas and
open space lots will be borne by the developer.
ATTACHMENTS:
Vicinity Map
Agreement/Bonds
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PROJECT SITE
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City Of Temecula
Community Services Department
43200 Business Park Drive. Mailing Address: P.O. Box g033. Temecula, CA 92589-9033
(951) 694-6480. Fax (951) 694-6488 . www.citvoftemecula.o"'.
Date of Agreement: 4. 1 ot -Df
lit\!J!JIm~fn;ftjlflm~ltI[~m~Illl."I.II.I.'.',ll1iIJI13~lil~W!~1'&IfI~tll~~
r Name of Subdivider: I Fehcl+a H nDXlC-(aA rurpora.,non I
I Address of Subdivider (street): .Ll. \ lo '2. ~ \'Y'CU"l1a.r thA Road .::j::\:: I 00
I Address of Subdivider (city, state, zip): 'Temecula, CA q 25Cl: I
I Contact: Yr'ec.i Gnm-es Title: President
Phone Number: (OJ,S i +q \ ~lo30 I Fax Number: PIS)I 4L1. 1-lt:'33 0
I Name of Subdivision:
I t=e{ LC \ --\-Q Fin(YYJd
I Tract No.: I PM 23496
I Parkland/Landscape Improvement Plans No.:
: (Referred to as "Landscape Improvements")
I Estimated Total Cost of Improvements:
Estimated Completion Date:
Referred to as "Completion Date")
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I Name of Surety: .IY\derYlYr t+v Corvtpany OF
I Address of Surety (street) III SO H+ch IS W1-e.
I Address of Surety (city, state, zip): I ~&\IIV'~O:- ~~2S Qrl,(P'd..3
I Contact: .JfJ.j)e\-- S ho. vJ I Title: Sf, Uncfer-v0niLr
I Phone Number: (Bt~ 5S2-Coi2S1 Fax Number: ("'25t$ S'!52-loI3cc,
{'DYDorr:::u-h 0 n
,
c s D....C3~"OD2-'3 - Aut?> Mall
M-el~ ItllllS
$26,916.65
(])(o.30'O"f-
C P L\ vote.~ IA..
'200
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I
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I
I Faithful Performance Bond
I Labor and Materials Bond
I Bond for Warranty
73 33~~ 5
t 333 '6-d.. S
'133'3 <Z3' a s
13,458.32
2,691.66
1
R:\KITCHELJ\80ndsI06-0023 Auto Mall Ynez RoadlParkland Landscape Agreement.doc
This Agreement is made and entered into by and between the City of
Temecula, California, a Municipal Corporation of the State of California,
hereinafter referred to as CITY, and the SUBDIVIDER.
RECITALS
A. SUBDIVIDER has presented to CITY for approval and
recordation, a final subdivision map of a proposed subdivision pursuant to
provisions of the Subdivision Map Act of the State of California and the CITY
ordinances and regulations relating to the filing, approval and recordation of
subdivision maps. The Subdivision Map Act and the CITY ordinances and
regulations relating to the filing, approval and recordation of subdivision maps are
collectively referred to in this Agreement as the "Subdivision Laws."
B. A tentative map of the SUBDIVISION has been approved, subject
to the Subdivision L<;Iws and to the requirements and conditions contained in the
Resolution of Approval. The Resolution of Approval is on file in the Office of the
City Clerk and is incorporated into this Agreement by reference.
C. SUBDIVIDER is required, as a condition of the approval of the
tentative map that the Parkland Improvement plans must be completed, in
compliance with City standards, by the Completion Date. The Subdivision Laws
establish as a condition precedent to the approval of a final map, that the
SUBDIVIDER has entered into a secured Agreement with the CITY to complete
the Parkland/Landscape Improvement Plans within the Completion Date.
D. In consideration of approval of a final map for the SUBDIVISION
by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby
promises to install and complete, at SUBDIVIDER'S own expense, all the
Parkland/Landscape Improvement work required by City in connection with
proposed subdivision. Subdivider has secured this agreement by
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Parkland/Landscaping Improvement Security required by the Subdivision Laws
and approved by the City Attorney. The term "Parkland" includes landscape
areas intended to be maintained by the Temecula Community Services District.
E. Complete Parkland/Landscape Improvement Plans for the
construction, installation and completion of the Parkland Improvements have
been prepared by SUBDIVIDER and approved by the Director of Community.
Services. The Parkland Improvement Plans numbered as referenced previously
in this Agreement are on file in the Office of the Director of Community Services
and are incorporated into this Agreement by this reference. All references in this
Agreement to the Parkland Improvement Plans shall include reference to any
specifications for the Improvements as approved by the Director of Community
Services.
F. An estimate of the cost for construction of the Parkland
Improvements according to the Improvement Plans has been made and
approved by the Director of Community Services. The estimated amount is
stated on Page 1 of this Agreement. The basis for the estimate is attached as
Exhibit "A" to this Agreement.
G. The CITY has adopted standards for the construction and
installation of Parkland/Landscape Improvements within the CITY. The
Parkland/Landscape Improvement Plans have been prepared in conformance
with the CITY standards, (in effect on the date of approval of the Resolution of
Approval).
H. SUBDIVIDER recognizes that by approval of the final map for
SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER,
including the right to sell, lease, or finance lots within the SUBDIVISION, and has
taken the final act necessary to subdivide the property within the SUBDIVISION.
3
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As a result, CITY will be damaged.to the extent of the cost of installation of the
Parkland/Landscape Improvements by SUBDIVIDER'S failure to perform its
obligation under this Agreement, including, but not limited to, SUBDIVIDER'S
obligation to complete construction of Parkland/Landscape Improvements by the
Completion Date. CITY shall be entitled to all remedies available to it pursuant to
this Agreement and the Subdivision Laws in the event of a default by
SUBDIVIDER. It is specifically recognized that the determination of whether a
reversion to acreage or rescission of the SUBDIVISION constitutes an adequate
remedy for default by the SUBDIVIDER shall be within the sole discretion of
CITY.
NOT, THEREFORE, in consideration of the approval and recordation by
the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY
agree as follows:
1. SUBDIVIDER'S Obliaations to Construct Parkland/Landscaoina Imorovements.
SUBDIVIDER Shall:
a. Comply with all the requirements of the Resolution of Approval,
and any amendments thereto, and with the provisions of the Subdivision Laws.
b. Pursuant to the requirements of Labor Code Section 1720,
SUBDIVIDER shall pay prevailing wages for all work performed for the
construction, alteration, demolition, installation, or repair for the
Parkland/Landscape Improvement Work required by this Agreement. In
accordance with the provisions of Section 1773 of the Labor Code of the State of
California, the City Council has obtained the general prevailing rate of per diem
wages and the general rate for holiday and overtime work in this locality for each
craft, classification, or type of workman needed to execute this Contractor from
the Director of the Department of Industrial Relations. These rates are on file
4
R:IKITCHELJIBondsI06-0023 Auto Mall Ynez Road\Parkland Landscape Agreement.doc
with the City Clerk. Copies may be obtained at cost at the City Clerk's office of
the City of Temecula. Subdivider shall post a copy of such wage rates at the job
site and shall pay the adopted prevailing wage rates as a minimum. Subdivider
shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6,
and 1813 of the Labor Code and other applicable laws and regulations with
respect to the payment of prevailing wages. Pursuant to the provisions of 1775
of the Labor Code, Subdivider shall forfeit to the City, as a penalty, the sum of
$25.00 for each calendar day, or portion thereof, for each laborer, worker, or
mechanic employed, paid less, than the stipulated prevailing rates for any work
done under this Agreement, by it or by any subcontractor under it, in violation of
the provisions of the Agreement or in violation of any applicable laws or
regulations pertaining to the payment of prevailing wages.
c. Complete by the time established in Section 20 of this Agreement
and at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement
work required on the Tentative Map and Resolution of Approval in conformance
with the Parkland Improvement Plans and the CITY standards:
d. Furnish the necessary materials for completion of the Parkland
Improvements in conformity with the Parkland Improvement Plans and CITY
standards. .
e. Except for easements or other interested in real property to be
dedicated to the Homeowners Association of the SUBDIVISION, acquire and
dedicate, or pay the cost of acquisition by CITY, of all rights-of-way, easements
and other interests in real property for construction or installation of the
Parkland/Landscape Improvements, free and clear of all liens and encumbrances
for the SUBDIVIDER'S obligations with regard to acquisition by CITY of off-site
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rights-of-W<;ly, easements and other interests in real property shall be subject to a
separate Agreement between SUBDIVIDER and CITY.
2. Acauisition and Dedication of Easements or Riahts-of-Wav., If any of the
Parkland/Landscape Improvements and land development work contemplated by this
Agreement are to be constructed or installed on land not owned by SUBDIVIDER, no
construction or installation shall be commenced before:
a. The offer of dedication to CITY or appropriate rights-of-way,
easements or other interest in real property, and appropriate authorization from
the property owner to allow construction or installation of the Improvements or
work, or
b. The dedication to, and acceptance by, the CITY of appropriate
rights-of-way, easements or other interests in real property, and approved by the
Department of Public Works, as determined by the Director of Community
Services.
c. The issuance by a court of competent jurisdiction pursuant to the
State Eminent Domain Law of an order of possession. SUBDIVIDER shall
camply in all respects with order of possession. Nothing in this Section 2 shall be
construed as authorizing or granting an extension of time to SUBDIVIDER.
3. Securitv. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S
performance of this' Agreement by furnishing to CITY, and maintaining, good and
sufficient security as required by the Subdivision Laws on forms approved by CITY for
the purposes and in the amounts as follows:
a. to assure faithful performance of this Agreement in regard to said
improvements in and 'amount of 100% of the estimated cost of the
Parkland/Landscape Improvements; and
6
R:\KITCHELJ\8ondsI06c0023 Auto Mall Ynez RoadlParkland Landscape Agreement.doc
b. to secure payment to any contractar, subcontractor, persons
renting equipment, or furnishing labor materials for Parkland/Landscape
Improvements required to be constructed or installed pursuant to this Agreement
in the additional amount of 50% of the estimated cost of the Improvements; and
c. to guarantee or warranty the work done pursuant to this
Agreement for a period of one year following acceptance thereof by CITY against
any defective work or labor done or defective materials furnished in the additional
amount of 10% of the estimated cost of the Parkland Improvements. The
securities required by this Agreement shall be kept on file with the City Clerk.
The terms of the security documents referenced on Page 1 of this Agreement are
incorporated into this Agreement by this Reference. If any security is replaced by
another approved security, the replacement shall be filed with the City Clerk and,
upon filing, shall be deemed to have been made a part of and incorporated into
this Agreement. Upon filing of a replacement security with the City Clerk, the
former security may be released.
4. Alterations to Parkland Imorovement Plans.
a. Any changes, alterations or additions to the
Parkland/Landscape Improvement Plans and specifications or to the
improvements, not exceeding 10% of the original estimated cost if the
improvement, which are mutually agreed upon by the CITY and SUBDIVIDER,
shall not relieve the improvement security given for faithful performance of this
Agreement. In the event such changes, alterations, or additions exceed 10% of
the original estimated cost of the improvement, SUBDIVIDER shall provide
improvement security for faithful performance as required by Paragraph 3 of this
Agreement for 100% of the total estimated cost of the improvement as changed,
7
R:\KITCHELJ\Bonds\06-0023 Aulo Mall Ynez RoadlParkland Landscape Agreemenl.doc
altered, or amended, minus any completed partial releases allowed by Paragraph
6 of this Agreement.
b. The SUBDIVIDER shall construct the Parkland Improvements in
accardance with the CITY Standards in effect at the time of adoption of the
Resolution of Approval. CITY reserves the right ta modify the standards
applicable to the SUBDIVISION and this Agreement, when necessary to protect
the public health, safety or welfare or comply with applicable State ar federal law
or CITY zoning ordinances. If SUBDIVIDER requests and is granted an
extension of time for completion of the improvements, CITY may apply the
standards in effect at the time of the extension.
5. Insoection and Maintenance Period.
a. SUBDIVIDER shall obtain City inspection of the Parkland/Landscape
Improvements in accordance with the City standards in effect at the time of
adoption of the Resolution af Approval. SUBDIVIDER shall at all times maintain
proper facilities and safe access for inspection of the Parkland IllJprovements by
CITY inspectors and to the shops wherein any work is in preparation. Upon
completion of the work the SUBDIVIDER may request a final inspection by the
Director of Community Services, or the Director of Community Service's
authorized representative. City Council authorizes the Director of Community
Services or the Director af Community Services authorized representative to
accept the landscaped medians, perimeter slopes, and parks into the Community
Services Maintenance System which is funded by the Parks and Lighting Special
Tax.
b. SUBDIVIDER shall continue to maintain the
Parkland/Landscape Improvements for ninety (90) days after they have been
certified completed. No improvements shall be finally accepted unless the
8
RIKITCHELJ\BondsI06-0023 Auto Mall Ynez RoadlParkland Landscape Agreement.doc
maintenance period has expired, and all aspects of the work have been
inspected and determined to have been completed in accordance with the
Parkland/Landscape Improvement Plans and CITY standards. SUBDIVIDER
shall bear all costs of inspection and certification.
6. Relfllll5e of Securities. Subject to approval by Community Services, the
securities required by this Agreement shall be released as follows:
a. Security given for faithful performance of any act, obligation, work
or Agreement shall be released upon the expiration of the maintenance period
and the final completion and acceptance of the act or work, subject to the
provisions of subsection (b) hereof.
b. The Director of Community Services may release a portion of the
security given for faithful performance of improvement work as the Parkland
Improvement progresses upon application therefore by the SUBDIVIDER;
provided, however, that no such release shall be for an amount less that 25% of
the total Parkland Improvement Security given for faithful performance of the
improvement work and that the security shall not be reduced to an amount less
than 50% of the total Parkland/Landscape Improvement Security given for faithful
performance until expiration of the maintenance period qnd final completion and
acceptance of the improvement work. In no event shall the Director of
Community Services authorize a release of the Parkland/Landscape
Improvement Security, which would reduce such security to an amount below
that required to guarantee the completion of the improvement work and any other
obligation imposed by this Agreement.
c. Security given to secure payment to the contractor; his or her
subcontractors and to persons furnishing labor, materials or equipment shall, six
months after the completion and acceptance of the work, be reduced to an
9
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amount equal to the total claimed by all claimants for whom lien have been filed
and of which notice has been given to the legislative body, plus an amount
reasonable determined by the Director of Community Services to be required to
assure the performance of any other obligations secured by the Security. The
balance of the security shall be released upon the settlement of all claims and
obligations for which the security was given.
d. No security given for the guarantee or warranty of work shall be
released until the expiration of the warranty period and until any claims filed
during the warranty period have been settled. As provided in paragraph 10, the
warranty period shall not commence until final acceptance of all work and
improvements by the City Council.
e. The CITY may retain from any security released, and amount
sufficient to cover costs and reasonable expenses and fees, including reasonable
attorney's fees.
7. Iniurv to Public Imorovements. Public Prooertv or Public Utilities Facilities.
SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case
may be, all public improvements, public utilities faCilities and surveying or subdivision
monuments which are destroyed or damaged or destroyed by reason of any work done
under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs
of any and all public property on public utility property damaged or destroyed by reason
of any work done. Under this agreement whether such property is owned by the United
States or any agency thereof, or the State of California, or any agency or political
subdivision thereof, ar by the CITY or any public or private utility corporation or by any
combination or such owners. Any repair or replacement shall be to the satisfaction, and
subject to the approval, of the City Engineer.
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8. Permits. SUBDIVIDER shall, at SUBDIVIDER'S expense, obtain all
necessary permits and licenses for the construction and installation of the
improvements, give all necessary notices and pay all fees and taxes required by law.
9. Default of f:'UBDIVIDER
a. default of SUBDIVIDER shall include, but not be limited to,
SUBDIVIDER'S failure to timely commence construction pursuant to this
Agreement; SUBDIVIDER'S failure to timely commence construction of the
Parkland/Landscape Improvements; SUBDIVIDER'S failure to timely cure the
defect in the Parkland/Landscape Improvements; SUBDIVIDER'S failure to
perform substantial construction work for a period of 20 calendar days after
commencement of the work; SUBDIVIDER'S insolvency, appointment of a
receiver, or the filing of any petition in bankruptcy either voluntary or involuntary
which SUBDIVIDER fails to discharge within thirty (30) days; the commencement
of a foreclosure action against the SUBDIVISION or a portion thereof, or any
conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER'S failure to
perform any other obligation under this Agreement.
b. The CITY reserves to itself all remedies available to it at law or in
equity for breach of SUBDIVIDER'S obligations under this Agreement. The CITY
shall have the right, subject to his section, to draw upon or utilize the appropriate
security to mitigate CITY damages in event of default by SUBDIVIDER. The right
of CITY to draw upon or utilize the security is additional to and not in lieu of any
other remedy available to CITY. It is specifically recognized that the estimated
costs and security amounts may not reflect the actual cost of construction or
installation of Parkland/Landscape Improvements and, therefore, CITY damages
for SUBDIVIDER'S default shall be measured by the cost of completing the
required improvements. The sums provided by the improvement security may be
11
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used by CITY for the completion. of the Parkland/Landscape Improvements in
accordance with the Parkland/Landscape Improvement Plans and specifications
contained herein. In the event of SUBDIVIDER'S default under this Agreement,
SUBDIVIDER authorizes CITY to perform such obligation twenty days after
mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety,
and agrees to pay the entire cost of such performance by CITY. CITY may take
over the work and prosecute the same to campletion, by contract or by any other
method CITY may deem advisable, for the account and at the expense of
SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for an excess
cost or damages occasioned CITY thereby; and, in such event, CITY without
liability for so doing, may. take possession of, and utilize in completing the work,
such materials, appliances, plan and other property belonging to SUBDIVIDER
as may be on the site of the work and necessary for performance of the work.
c. Failure of SUBDIVIDER to comply with the terms of this
Agreement shall constitute consent to the filing by CITY of a notice of violation
against all the lots in the SUBDIVISION, or to rescind the approval or otherwise
revert the SUBDIVISION to acreage. The remedy provided by this Subsection C
is in addition to and not in lieu of other remedies available to CITY.
SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S
breach shall be in the discretion of CITY.
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d. In the event that SUBDIVIDER fails to perform any obligation
hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY
in securing performance of such obligations, including costs of suit and
reasonable attorney's fees.
e. The failure of CITY to take an enforcement action with respect to a
default, or to declare a breach, shall not be construed as a waiver of that default
or breach or any subsequent default or breach of SUBDIVIDER.
10. Warrantv. SUBDIVIDER shall guarantee or warranty the work done
pursuant this Agreement for a period of one year after expiration of the maintenance
period and final acceptance by the City Council of the work and improvements against
any defective work or labor done or defective materials furnished.
Where
Parkland/Landscape Improvements are to be constructed in phases or sections, the one
year warranty period shall commence after CITY acceptance of the last completed
improvement. If within the warranty period any work or improvement or part of any work
or improvement done, furnished, installed, constructed or caused to be done, furnished,
installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this
Agreement or the Parkland/Landscape Improvement Plans and specifications referred to
herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace
or reconstruct any defective or otherwise unsatisfactory part or parts of the work or
structure. Should SUBDIVIDER fail to act promptly or in accordance with this
requirement, SUBDIVIDER hereby authorizes CITY, at CITY option, to perform the work
twenty days after mailing written notice of default to SUBDIVIDER and to
SUBDIVIDER'S Surety and agrees to pay the cost of such work by CITY. Should CITY
determine that an urgency requires repairs ar replacements to be made before
SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary
13
R:IKITCHELJ\8ondsI06-0023 Auto Mall Ynez RoadlParkland Landscape Agreement.doc
repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to
CITY the cost of such repairs.
11. Subdivider Not Aaent of Citv. Neither SUBDIVIDER nor any of
SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in
connection with the performance of SUBDIVIDER'S obligations under this Agreement.
12. Iniurv to Work. Until such time as the Parkland/Landscape Improvements
are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to
anyofthe improvements constructed or installed. CITY shall not, nor shall any officer or
employee thereof, be liable or responsible. for any accident, loss or damage, regardless
of cause, happening or occurring to the work or improvements specified in this
Agreement prior to the completion and acceptance of the work or improvements. All
such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER.
13. Other Aareements. Nothing contained in this Agreement shall preclude
CITY from expending monies pursuant to agreements concurrently or previously
executed between the parties, or from entering into agreement with other subdividers for
the appointment of costs of water and sewer mains, or other improvements, pursuant to
the provisions of the CITY ordinances providing therefore, nor shall anything in this
Agreement commit CITY to any such apportionment.
14. SUBDIVIDER'SObliaation to Warn Public Durina Construction. Until final
acceptance of the Parkland Improvements, SUBDIVIDER shall give good and adequate
warning to the public of each and every dangerous condition existent in said
improvements, and will take all reasonable actions to protect the public from such
dangerous condition.
15. Vestina of Ownershio. Upon acceptance of work on behalf of CITY and
recordation of the Notice of Completion, ownership of the improvements constructed
pursuant to this Agreement shall vest in CITY.
14
R:IKITCHELJ\BondsI06-0023 Auto Mall Ynez RoadlParkland Landscape Agreement-doc
16. Final Acceotance of Work. Acceptance of the work on behalf of CITY
shall be made by the City Council upon recommendation of the Director of Community
Services after final completion and inspection of all Parkland/Landscape Improvements.
The Board of Directors shall act upon the Director of Community Services
recommendations within thirty (30) days from the date the Director of Community
Services certifies that the work has finally completed, as provided in Paragraph 5. Such
acceptance shall not constitute a waiver of defects by CITY.
17. Indemnitv/Hold Harmless. CITY or any officer or employee thereof shall
not be liable for any injury to persons or property occasioned by reason of the acts or
omissions of SUBDIVIDER, its agents or employees in the performance af this
Agreement. SUBDIVIER further agrees to protect and hold harmless CITY, its officials
and employees from any and all claims, demands, causes of action, liability or loss of
any sort, because of, or arising out of, acts or omissions or SUBDIVIDER, its agents or
employees in the performance of this Agreement, including all claims, demands, causes
of action, liability, or loss because of, or arising out of, in whole or in part, the design or
construction of the Parkland/Landscape Improvements. This indemnification and
Agreement to hold harmless shall extend to injuries to persons and damages or taking of
property resulting from the design or construction of the Parkland/Landscape
Improvements as provided herein, and in addition, to adjacent property owners as a
consequence of the diversion of waters from the design or construction of public
drainage systems, streets and other public impravements. Acceptance of any of the
Parkland/Landscape Improvements shall not constitute any assumption by the CITY of
any responsibility for any damage or taking covered by this paragraph. CITY shall not
be responsible for the design or construction of the Parkland/Landscape Improvements
pursuant to the approved Parkland/Landscape Improvement Plans, regardless of any
negligent action or inaction taken by the CITY in approving the plans, unless the
15
R:IKITCHELJIBandsI06-0023 Aula Mall Ynez RaadlParkland Landscape Agreement.doc
particular improvement design was specifically required by CITY over written objection
by SUBDIVIDER submitted to the Director of Community Services before approval of the
particular improvement design, which objection indicated that the particular improvement
design was dangerous or defective and suggested an alternative safe and feasible
design. After acceptance of the Parkland/Landscape Improvements, the SUBDIVIDER
shall remain obligated to eliminate any defect in design or dangerous condition caused
by the design or construction defect, however, SUBDIVIDER shall not be responsible for
routine maintenance.
Provisions of this paragraph for Parkland/Landscape
Improvements shall remain in full force and effect for ten years following the acceptance
by the CITY. It is the intent of this section that SUBDIVIDER shall be responsible for all
liability for design and construction of the Parkland/Landscape Improvements installed or
work done pursuant to this Agreement and the CITY shall not be liable for any
negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing,
checking, or correcting any plans or specifications ar in approving, reviewing or
inspecting any work or construction. The improvement security shall not be required to
cover the provision of this paragraph.
18. Sale or Disoosition of SUBDIVISION. Sale or other disposition of this
property will not relieve SUBDIVIDER from the obligations set forth herein. If
SUBDIVIDER sells the property or any portion of the property within the SUBDIVISION
to any other person, the SUBDIVIDER may request a novation of this Agreement and a
substitution of security. Upon approval of the novation and substitution of securities, the
SUBDIVIDER may request a release or reduction of the securities required by this
Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations
under Paragraph 17 for the work or improvement done by SUBDIVIDER.
16
RIKITCHELJIBondsI06-0023 Auto Mall Ynez RoadlParkland Landscape Agreement.doc
19. Time of the Essence. Time is of the essence of this Agreement.
20.
Time for Comoletion of Work Extensions. SUBDIVIDER shall complete
construction of the improvements required by this Agreement no later than e &? - 30- ~ ~.
O~''3O. 0'9 JI
In the event good cause exists as determined by the City Engineer, and if otherwise
permitted under the tentative map condition, the time for completion of the impravements
hereunder may be extended. The extension shall be made by writing executed by the
Director of Community Services. Any such extension may be granted without notice to
SUBDIVIDER'S Surety and shall not affect the validity of this Agreement or release the
Surety or Sureties on any security given for this Agreement. The Director of Community
Services shall be the sole and final judge as to whether or not good cause has been
shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the
commencement of work, resulting from an act of CITY, or by an act of God, which
SUBDIVIDER could not have reasonably foreseen, or by storm or inclement weather
which prevents the conducting of work, or by strikes, boycotts, similar actions by
employees or labor organizations, which prevent the conducting or work, and which
were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for
an extension of time for completion. As a condition of such extension, the Director of
Community Services may require SUBDIVIDER to furnish new security guaranteeing
performance of this Agreement as extended in an increased amount as necessary to
compensate for an increase in construction costs as determined by the Director of
Community Services.
21. No Vestina of Riahts. Performance by SUBDIVIDER of this Agreement
shall not be construed to vest SUBDIVIDER'S rights with respect to any change in any
change in any zoning or building law or ordinance.
17
RIKITCHELJIBondsI06-0023 Auto Mall Ynez Road\Parkland Landscape Agreement.doc
22. Notices. All notices required or provided far under this Agreement shall
be in writing and delivered in person or sent by mail, postage prepaid and addressed as
provided in this Section. Notice shall be effective on the date it is delivered in person, or,
if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as
follows unless a written change of address is filed with the City:
Notice to CITY:
City Clerk
City of Temecula
43200 Business Park Drive
P.O. Box 9033
Temecula, CA 92589-9033
Notice to SUBDIVIDER:
~dln ffi FlnanClcU eorpomhon
~il~ ~,n1tl Pd I No.IOD
Tr=~ LA Cl0501
Contact Name: h ~ b r~ Ynes
Contact Phone No{ c::f:?D 4L=t1 '(IJ.::j DO
Name/Address:
23. Severabilitv. The provisions of this Agreement are severable. If any
portion of this Agreement is held invalid by a court of competent jurisdiction, the
remainder of the Agreement shall remain in full force and effect unless amended or
modified by the mutual consent of the parties.
24. Caotions. The captions of this Agreement are for convenience and
reference only and shall not define, explain, modify, limit, exemplify, or aid in the
interpretation, construction or meaning of any provisions of this Agreement.
25. Utiaation or Arbitration. In the event that suit or arbitration is brought to
enforce the terms of this contract, the prevailing party shall be entitled to litigation costs
and reasonable attorney's fees.
18
R:IKITCHELJl6ondsI06-0023 Auto Mall Ynez RoadlParkland Landscape Agreement.doc
26. Incoro.oration .of Recitals. The recitals to this agreement are hereby
incorporated int.o the terms of this agreement.
27. Leaal Reso.onsibilities. The Subdivider shall keep itself inf.ormed of all
I.ocal, State and Federal laws and regulati.ons which in any manner affect th.ose
employed by it .or in any way affect the performance of its obligations pursuant t.o this
Agreement. The Subdivider shall at all times observe and comply with all such laws and
regulations. The City, and its .officers and empl.oyees, shall not be liable at law .or in
equity .occasioned by failure of the Subdivider t.o comply with this section.
28. Entire A.oreement. This Agreement canstitutes the entire Agreement .of
the parties with respect t.o the subject matter. All modificati.ons, amendments, or waivers
of the terms .of this Agreement must be in writing and signed by the appr.opriate
representative of the parties. In the case of the CITY, the appropriate party shall be the
City Manager.
19
R:IKITCHELJIBondsI06-0023 Auto Mall Ynez RoadlParkland Landscape Agreementdoc
IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its
Mayor.
SUBDIVIDER
TEMECULA COMMUNITY
SERVICES DISTRICT BOARD
By: -..,A--. \ ) q... By:
FetlClffi ~\Y\6I.X\CIOJ COrpon:::t.i10n
Name: Fred D, br tmes Name:
Title:
,
.p re9W1ffi +
Jeff Comerchero
Title:
President
By:
Name:
Title:
(Proper Notarization of SUBDIVIDER'S signature
is required and shall be attached)
ATTEST:
By:
Susan W. Jones, MMC, City Clerk
RECOMMENDED FOR APPROVAL:
By:
William G, Hughes,
Director of Public Works/City Engineer
By:
Herman D. Parker
Directo~ of Community Services
APPROVED AS TO FORM:
By:
Peter Thorson
City Attorney
20
RIKITCHELJlBondsI06-0023 Auto Mall Ynez RoadlParkland Landscape Agreement.doc
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~ E~ ,.,..... r~..""',,,....,.,;,,:.._"<.<""....v.k ,""" ~. ,~ ,......-{~""::-: m;,~.,~; ;"",.,',,_'-'_'.-h_'-v.. ,,,,.:.,,,,;..,,,,,;,,.,,,,',~'.;~',-,,.r._A~' ~.
State of California
, ss.
County of lITVF.lI~TnR
3-ICf-07
Date
before me, :BEVERLY SEARCH, NOTARY PUBLIC
Name and lltle of OffICer (e.g., ff Jane Ooe, Notal)' PubUc"}
On
personally
appeared
FRED D. GRIMES
Name{s) 01 Signer{s)
tlPersonally known to me
. ----I
. - BEVERLY SEARCH
-'. CommIsSion # 154446B
Nofary Public. California ~
Riverside CounlV [
My Comm. Exp/leS Jan 14, 2OO9r
o 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.
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type ot Document:
Document Dale:
Number of Pages:
Signer(s) Olher Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
D Individual
D Corporate Officer -Tille(s):
D Partner - D Limited D General
D Attorney in Facl
D Trustee
D Guardian or Conservator
D Other:
~
-
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Signer's Name:
D Individual
D Corporate Officer -Title(s):
D Partner - D Limited 0 General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Olher:
-
~
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Signer Is Representing:
Signer Is Representing:
~~~~....-~....--'*"
>'""""...."f-Y....~"'~AA"""....-^'f.,f~-"""'<V~
@2004Natlonal Notary Association. 9350 De Solo Ave., P.O. Box 2402. Chatsworth, CA 91313--2402
Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827
EXHIBIT A
(Attach the basis Jor the estimate of the cost of improvements.)
21
R:IKITCHELJIBondsI06-0023 Auto Mall Ynez RoadlParkland Landscape Agreement.doc
.,
Temecula Auto Mall- Ynez Medians
06-101
BUDGET ESTIMATE
DESCRIPTION QUANTITY UNIT PRICE. TOTAL
PLANTING
TREES 24" BOX 36.00 EA. 225.00 8, I 00.00
SHRUBS 5 GAL 596.00 EA. 16.00 9,536,00
I GAL 262.00 EA. 5.00 1,310.00
SOIL CLEAR/WEED 8,675.00 S.F. 0.03 26.0.25
GRADE/AMEND S.F. 0.10 0.00
BARK 8,675.00 S.F. 0.15 1,301.25
CONCRETE MOW STRIP L.F. 2.95 0,00
PLANTING SUB-TOTAL 20,507.50
IRRIGATION
KBI CHECK VALVE 8.00 EA. 7.50 60.00
CONTROLER ASSEMBLY EA. 5,000.00 0,00
RP.U I INCH EA. 200.00 0.00
RC.V. I INCH 3.00 EA. 35.00 105.00
SENNINGER PRS REG 3/4 28.00 EA. , 12.00 336.00
AMIAD DISC FILTER 3.00 EA. 20.00 60.00
QUICK COUPLER " 7.00 EA. 30.00 210.00
DURA END FLUSH CAP 28.00 EA. 3.50 98.00
RVALVE I INCH 3.00 EA. 30.00 90.00
BOWSMITH EMITTER SL210 967.00 EA. 0.90 870.30
RAINBIRD RAIN GUAGE EA. 42.00 0.00
BROWNLINE 1,872.00 EA. 1.05 1,965.60
FLOWMETER I INCH EA. 400.00 0.00
RAINBIRD BUBBLERS EA. 1.00 0.00
MAIN 2 INCH L.F. 2.25 0.00
1 INCH 653.00 L.F. 1.25 816.25
LATERAL 1-1/2 INCH L.F. 1.60 0.00
1-1/4 INCH L.F. 1.40 0.00
I INCH 715.00 L.F 1.20 858.00
3/4 INCH L.F. 1.05 0.00.
SAW CUTTING EXISTING STREE'I L.F. 1,000.00 1,000.00
IRRIGATION SUBTOTAL 6,409.15
PLANTING AND IRRIGATION TOTAL 26,916.65
MAINTENANCE/MONTH '8,675.00 S.F. 0.G15 130.13
PER YEAR 1,561.50
'",
Q6-101-CostEstimate~ WaterCalc2
'i\~, '"
1/26/07
CITY OF TEMECULA
PARKLAND/LANDSCAPE FAITHFUL PERFORMANCE BOND
EOND NO.: 7333828
PREMIUM: $807.00/TWO YEAR TERM
WHEREAS, the City of Temecula, State of California, and Felicita Financial
Corporation, (hereinafter designated as "Principal") have entered into an Agreement
whereby Principal agrees to install and complete certain parkland improvements, which
said Agreement, dated 4- - \ q 20 o=t-and identified as
Temecula Auto Mall - Ynez Medians, CSD06-0023, is hereby referred to and made a
part hereof; and
WHEREAS, Principal is required under the terms of the Agreement to furnish a
bond for the Faithful Performance of the Agreement;
NOW, THEREFORE, we the Principal and INDEMNITY COMPANY OF CALIFORNIA
as surety, are held and firmly bound unto the City of Temecula, California, in the penal
sum of $26,916.65, lawful money of the United States, for the payment of such sum
well and truly to be made, we bind ourselves, our heirs, successors, executors and
administrators, jointly and severally.
The condition of this obligation is such that the obligation shall become null and
void if the above-bounded Principal, his or its heirs, executors, administrators,
successors, or assigns, shall in all things stand to, abide by, well and truly keep, and
perform the covenants, conditions, and provisions in the Agreement and any alteration
thereof made as therein provided, on his or their part, to be kept and performed at the
time and in the manner therein specified, and in all respects according to his or their
true intent and meaning, and shall indemnify and save harmless the City of Temecula,
its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall
be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefore, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
R:\KITCHELJIBonds\lJ6-0023 Auto Mall Ynez Road\parkland landscape faithful performance. doc
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Agreement or to the work to be performed there
under or the specifications accompanying the same shall in anyway affect its
obligations on this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or the work or to the
specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on MARCH 27, , 2007
(Seal)
(Seal)
SURElO I~~?MPANY OF CALIFORNIA
By: ~~Q0i---
CIND~ L. RID(ir, ATTORNE~N FACT
(Name)
(Title)
PRINCIPAL FELICITA FINANCIAL CORPORATION
By: ~. 1\ L
F-t2.. ffi D. G RI me5
(Name)
p resl D-enT
(Title)
By:
(Name)
(Title)
APPROVED AS TO FORM:
Peter Thorson, City Attorney
R:\KITCHELJ\Bonds\06-0023 Auto Mall Ynez Roadlparkland landscape faithful perfonnance.doc
STATE OF California
]
COUNTY' OF Los Angeles
MAR 2 7 2007
On, before me, Debra K. Bel!, Notary Public
(here insert name and title of the officer)
pBlsonallyappeared CINDY L. RIDLEY
personally known to me~X~tx.iXil.I1ilt:j{~.<;W.Q{'NJ{R~lYDctto 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 /lis/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behatf 01 which the
person(s) acted. executed Ihe instrument.
WtTNESS my hand and officiat seal.
SignatureD ~f .~
o 0 (SEAL)
I'l
C
-'
.
..".. """"_.,\$,;',,
.. . ",.. ........ ... r
DEBRA K. BELL
Commission # 1430084 ;;;
Notary Public - California !ill
LOS ANGELES County ...
My Comm EJqJlRIsJUL 30,2007 [
',I, .j '0.." "I.I.-'''l, u" J. I,,' ,I.
This arco Ii)/" OllicluJ Notarial Sea!
..,..,.".""..."...".~...~.,
..,
L" .. OPTIONAL ,I I, "" 11,11,;1,11111" 1;1 I I ,'1 Iii II ,II ,i
ii"
Though the data below is nol required by law, It may prove valuable to persons relying on the document and could
prevent fraudulent realtachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
o INDIVIDUAL
o CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
TITLE(S)
o PARTNER(S)
o LIMITED
o GENERAL
I"J ATTORNEY-IN-FACT
o TRUSTEE(S)
D GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
i'lAME OF PH~SON(S) on ENTITY(IESl
SIGNER(S) OTHER THAN NAMED ABOVE
In 1232 IREV 10/06)
ALL-PURPOSE ACKNOWLEDGEMENT
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~~,~...-...:~,......:,-'<4 "...,,,-..~._":.:,,":,',,,,,,','~~- "'" ~k':""';"^ ,."A.;'._....;......;. ...... ,.. ',.~ .....:....;. :".'
''':.':.'''''-':''''-'':'''~-''.'.''ll;_':'._':..'_'..'._'':''.~
State of California
}ss.
County of RTVRR~TnF.
On
"3 2.9 -O--=f-
Date
before me, J)lSV....KLY SEARCH. NOTARY PUBLIC
Name and Tlfle of Officer (e.g., ~Jane Doe, Notary Public")
personally
appeared
FRED D. GRIMES
Name(s) 01 Slgner(s)
.,
gpersonally known to me
· . - J
@ BEVERLY SEARCH
i .. Commission # 1544468
~ ,-,,; Notory Public. Collfomla ~
1 . . Riverside County t
MyComm. ExpIreaJan 14, 2llO9
,
o 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.
. ~~7!]to;JJ1M1.
V lr ~ Slgoa'"ffiof Nota", P"bli,
OPTIONAL
Though the information below is not required by lal-Y, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Place Notary Seal Above
Description of Attached Document
Title or Type of Document
Document Date:
Number of Pages:
Signer(s) Olher Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney In Fact
o Truslee
D Guardian,or Conservator
o Other:
-
~
Top of thumb here
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Olher:
~
--
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Signer Is Representing:
Signer Is Representing:
~M'tJ-""'W~~"""'_'/""""'/_"""'~/""""'''''''''''~~AW~~'''~~~'''''';'"".J~
@2004 National Nola'Y Association. 9350 De Soto AVe., P.O. Box 2402. Chatsworth, CA 91313-2402
Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827
BOND NO.: 7333828
'PREMIUM : INCLUDED IN PERFORMANCE
CITY OF TEMECULA
PARKLAND/LANDSCAPE LABOR AND MATERIALS BOND
WHEREAS, the City of Temecula, State of California, and Felicita Financial
Corporation, (hereinafter designated as "Principal") have entered into an Agreement
whereby Principal agrees to install and complete certain Parkland Improvements, which
said Agreement, dated 4~ 1 q , 200i-and identified as Temecula
Auto Mall- Ynez Medians CSD06-0023, is hereby referred to and made a part hereof;
and
WHEREAS, under the term of said Agreement, Principal is required before
entering upon the performance of the work, to file a good and sufficient payment bond
with the City of Ternecula, to secure the claims to which reference is made in Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of
California; and
NOW, THEREFORE, we the principal and INDEMNITY COMPANY OF CALIFORNIA
as Surety, are held and firmly bound unto the City of Temecula, California, and all
contractors, subcontractors, laborers, material men, other persons employed in the
performance of the aforesaid Agreement and referred to in Title 15 of the Civil Code, in
the penal sum of $13,458.32 lawful money of the United States, for materials furnished
or labor thereon of any kind, or for amounts due under the Unemployment Insurance
Act with respect to such work or labor, that Surety will pay the same in an amount not
exceeding the amount set forth.
R:IKITCHELJ\BondsI06-0023 Auto Mall Vnoz Roadlpar1<land landscape labor and materials bond.doc
Page 1013
As a part of the obligation secured hereby and in addition to the face amount
specified therefore, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the
benefit of any and all persons, companies and corporations entitled to file claims under
Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as
to give a right of action to them or their assigns in any suit brought upon this bond.
If the cond ition of this bond is fully performed, then this obligation shall become
null and void; otherwise, it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Agreement or to the work to be performed there
under or the specifications accompanying the same shall in anyway affect its obligations
on this bond, and it does hereby waive notice of any such changes, extension of time,
alteration or addition to the terms of the Agreement or to the work or to the
specifications,
R:\KlTCHEW\6onds\06-0023 Auto Mall Ynez Road\parldand landscape labor and materials bond.doc
Page 2 013
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on MARCH 27, , 20 07
(Seal)
CINDY L.
ATTORNEY IN FACT
(Title)
APPROVED AS TO FORM:
Peter Thorson, City Attorney
(Seal)
OF CALIFORNIA PRINCIPAL FELICITA~INANCIAL CORPORATION
~ By: d-- {\ .
OFrpr:;# D, Gn YY1eS
(Name)
Presiclen+-
(Title)
By:
(Name)
(Title)
R:\K1TCHEW\BondsI06-0023 Auto Mall Ynez Roadlparkland landscape labor and materials bond.doc
Page 3 013
STATE OF California
COUNTY OF Los Angeles
]
OIL MAR ~} 2007. before me, Debra K. Bell. Notary Public
(here insert name and title of the officer)
personally appeared CINDY L. RIDLEY
personally known to mettl!~XQ[!KJ1!!lQX1J1/~~~~to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowtedged 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 behalt ot which the
person(s) acted, executed the instrument
WITNESS my hand and officiat seat.
Sl9natuq;)O fbuJ?-.{JeJ2p
(SEAL)
. . ,: ' ~ ...... - ~ - ""'- .-. r
I@ DEBRA K. BELL r
~.... CommiSSion # 1430084 ;t
'I Notary Public. ca..lifQrnia ",
(; LOS ANGELES County .-
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CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
D INDiVIDUAL
D CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
TITLE(5j
D PARTNER(S)
D LIMITED
D GENERAL
EJ ATTORNEY IN-FACT
D TRUSTEE(S)
[] GUARDIAN/CONSERVATOR
D OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
tlp,ME OF PEr-1S0N(SI OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED P.BOVE
10.1232 (REV 10/06)
ALL-PURPOSE ACKNOWLEDGEMENT
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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FRED D. GRIMES
Name(s) of Signer(s)
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_'-" Commission # 1544468
~ . . Notary Public. California ~
J Rlvelskfe County .l
1 MvComm. Exp/IesJan 14, 2009(
o 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 capacily(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.
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type ot Document:
Document Dale:
Number of Pages:
Signer(s) Olher Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - Tltle(s):
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Signer Is Representing:
Signer Is Representing:
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@2004NatlonalNotaryAssociation . 9350 De Solo Ave., P.O. Box 2402. Chatsworth, CA 91313-2402
Item No. 5907 Reorder: Call Toll-Free 1.800-876-6827
BOND NO.: 7333828
.PREMIUM: INCLUDED IN PERFORMANCE
CITY OF TEMECULA
PARKLAND/LANDSCAPE WARRANTY BOND
WHEREAS, the City of Temecula, State of California (hereinafter designated as
"City"), and Felicita Financial Corporation (hereinafter designated as "Principal") have
entered into an Agreement whereby Principal agrees to install and complete certain
designated Parkland Improvements, which said Agreement, dated
--4 - 1 c::r 20 D+. and identified as Temecula Auto Mall-
Ynez Medians, CSD06-0023, is hereby referred to and made a part hereof; and
WHEREAS, Principal is required to warranty the work done under the terms of
the Agreement for a period of one (1) year following acceptance thereof by City against
any defective work or labor done or defective materials furnished, in the amount of ten
percent (10%) ofthe estimated cost ofthe improvements;
NOW, THEREFORE, we the Principal and INDEMNITY COMPANY OF CALIFO~
surety, are held and firmly bound unto the City of Temecula, California, in the penal sum
of $2,691 .66, lawful money of the United States, for the payment of such sum well and
truly to be made, we bind ourselves, our heirs, successors, executors and
administrators, jointly and severally. The condition of this obligation is such that the
obligation shall become null and void if the above-bounded Principal, his or its heirs,
executors, administrators, successors, or assigns shall in all things stand to, abide by,
well and truly keep, and perform the covenants, conditions, and provisions in the
Agreement and any alteration thereof made as therein provided, on his or their part, to
be kept and performed at the time and in the manner therein specified, and in all
R:\KlTCHELJlBondsI06-0023 Aulo Man Ynez Road\par1dand landscape Warranty Bond 1.doc
Page 1013
respects according to his or their true intent and meaning, and shall indemnify and save
harmless the City of Temecula, its officers, agents, and employees, as therein
stipulated; otherwise, this obligation shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefore, there shall be included costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Agreement or to the work to be performed
hereunder or the specifications accompanying the same shall in anyway affect its
obligations on this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the work or to the
specifications.
R:\KITCHEW\6onds\06-0023 Auto Mall Ynez Roadlparkland landscape Warranty Bond 1.doc
Page 2 of3
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on MARCH 27,
(Seal)
SURW:. INDE
By: ( .
--c;.-. . . .
CINDY L. RIDL~
(Name)
,20~.
(Seal)
o ANY OF CALIFORNIA PRINCIPAL: FELICITA FINANCIAL CORPORATION
~ _____ By: c-\- II <1-
FrFrl D, b r~ YY)f?S
(Name)
ATTORNEY IN FACT
(Title)
APPROVED AS TO FORM:
Peter Thorson, City Attorney
PrC51 d.QX1t
(Title)
By:
(Name)
(Title)
R:\KITCHELJlBondsI06-0023 Auto Mall Vnez Roadlparkland landscape Warranty Bond l.doc
Page 3 of 3
STATE OF California
]
COUNTY OF Los Angeles
MAR 2 7 Z007
011__-.. . ..___..____, before me_
Debra K. 8ell, Notary Public
(here insert name and title of the officer)
personally appeared CINDY L. RIDLEY
personally known to me~l1iX!X~x~I&ili.~Illfxi&1i.~~;";"'A,*.i:.to be the person(s) whose name(s) is/are
subscribed 10 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 at which the
person(s) acted, executed the instrument,
WITNESS my hand and official seal.
Signatur~~
(SEAL)
DEBRA K. BELL '
Commission # 1430084 r
~gn~GUbljC - California ;a-.
My ElES COunly e-
. Comm ExpIT8SJUL 30 2007 ...
, .... "';"'" .~,,,,(
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Though the data below is nol required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
D INDIVIDUAL
[J CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
TlTl.E(S)
D PARTNER(S)
D LIMITED
D GENERAL
EJ ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
~IAf,,1c OF PEHSONISI OR [NTITY(IESI
SIGNER(S) OTHER THAN NAMED ABOVE
10-1 ;'32 (REV 10/06)
ALL-PURPOSE ACKNOWLEDGEMENT
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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Date
before me, D.I5H;KLY SEARCH, NorARY PUBLIC
Name and 1Ille of OffICer (6.g., "Jane Doe, Notary Pub~c")
personally
appeared
FRED D. GRIMES
Name(s)oISlgner{s)
iUPersonally known to me
l' ....-.------.-.--
'. BEVERLY SEARCH
_ . CommWion # 1544468 ~
~ . -,,; Notary Public. CoUlomla i
J Riverside County f-
1 MyComm. Explr...Jan 14.2009
o 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 capacify(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.
Place Notary Seal Above
d nd'~0J1JN 11
OPTIONAL
Though the infonnation below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
.~
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o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
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o Trustee
o Guardian or Conservator
o Olher:
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Signer is Representing:
Signer Is Representing:
~7"'-"""/_"'fJ~~~
@2004 National Notary Association. 9350 De Solo Ave.. P.O. Box 2402. Chatsworth, CA 91313-2402
Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19715, IRVIN[:. CA 92623 l(49) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint:
*** Cindy L. Ridley, Janet L. Shaw, Cheryl Caiger, Debra Bell, Thomas C. Moore, Gerald L. Ervin, jointly or
severally***
as their true and lawful Attorncy(s)-in-Fact, to make, execute. ddiver and acknowledge. for and on behalf of said corporations, as sureties. bonds, undertakings
and contracts of suretyship giving 11lld granting unto said Attorney(sHn-Facl full power and authority to do and to p..::rfonn every act necess,IIY. rcquisitt: or proper
to be done in connection there"...ith as each of said corporations could do. bm reserving to each of said corporations full power of substitution and revocation. and
all ofthlil acts of said AltOllley(s)-in-Fact. pursuanl [0 these presents. arc hereby ralified and contirmeu.
This Power of Attorney is granted and is signed hy facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effeclive as of November I, 2000:
RESOLVED. thut the Ch:linnan of the Board. the President and any Vice President of the corporation be. and that each of them hereby is. authorized to
execute Powers ofAltorney, qU:llifying the auorney(s) named in the Powers of Auomey lo execute. on behalf of the corporations. bonds. undertakings and contracts
of suretyship; and that the Secretary or any Assistant Secrelary of the COIlJOrations bc, and each of thcm hereby i~, authorized to attest the execution of any such
Power of Attorney;
RESOLVED, FURTHER. that the signatures of such officers Illay be aftixed to any sllch Powcr of Attorney or to any certiticatc relating thereto by
ti-u::simile, and any sllch Power ofAtlorney or certitkate bc=aring such facsimile signatures shall be valid and binding upon the corporation when so atlixcd and in
the future with respect to any bond, undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALlFORI\IA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st day of December. 2005.
-----~
( , ) :~)
Bv:
Walter A. Crowell, Secretary
~~
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Bv'
David H. Rhodes. Executive Vice~Presidenl
STATE OF CALIFORNIA
]
COUNTY OF ORANGE
On December L 2005 before me, Gina L. Gamer. NotalY Public (here insert name and title of the officer). personally appeared David H. Rhodes and
Walter A. Crowell. 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,11er/their authorized capacity(it's), and that by his/her/their signature(s) on the instrument
the person{s), or the entity upon behalf of which the 1'er50n(s) acted, executed the instrument.
Signature
~.~~
(SEAL)
~'e----' , ~IN~ L GA~NE~
'" . - COMM. # 1569561
~ NOTARY PUBLIC CALIFORNIA ~
3: ORANGE COUNTY "
j . ~_~_omm. ~xpires ~_1~2~
,,__... 4......~ -. _......
WITNESS my h:l!ld and official seal.
CERTII-'ICATlr:
The undersigned, as Assislant Secretary, of DEVELOPERS SURETY AKD INDEMf\:ITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA.
docs hereby certify thaI the fbregoing Power of Attomey remains in full force and has not been revoked, and furthennurc. that the provisions of the resolutions of
the respective Boards of Directors of said corporations sel forth in the Power of Anorney, are~J{~ee~~ ~t20070fthiS Certificate.
This Certiticale is executed in the City of Irvine. Calit(lmia. the _ day of '
Bv
Alhert Hillebrand, Assistant ,secretary
~I-~
.~
ID-1380{Rev.12/05)
Ii
-
I.
ITEM NO. 11
I
I
Approvals
City Attorney
Director of Finance
City Manager
~
/}12
~
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Herman D. Parker, Director of Community Services
DATE:
September 25, 2007
SUBJECT:
Agreement Between the City of Temecula and MuniFinancial for Service Level C
Election Services
PREPARED BY:
Barbara Smith, Senior Management Analyst
RECOMMENDATION:
That the Board of Directors:
1) Approve the Agreement between the Temecula Community Service District and
MuniFinancial for Service Level C Election Services in the amount of $35,510.
BACKGROUND: Service Level C rate and charge was established upon the City's
incorporation to provide funding, through property tax assessments, for residential perimeter
landscaping. Since incorporation, the City, through the Temecula Community Services District
(TCSD) has never increased the amount of the assessed Service Level C rates. Meanwhile, the
costs for utilities and maintenance costs have continued to rise. As a result, in most cases, the
charge currently being collected does not cover the actual cost to maintain each landscape area or
"zone".
The passage of California Proposition 218 in 1996 restricted the City's ability to increase Service
Level C rates and charges without conducting a noticed public hearing and a property owner mailed
ballot election. MuniFinancial has been the District's consultant for our annual assessments for
many years. Staff feels that MuniFinancial is the best qualified for providing assessment-related
tasks including Service Level C election services.
The agreement's scope of work included providing current Riverside County Assessor's Office
property owner data base, coordinating the printing, mail merge and mailing of both the Notice of
Public Hearing and Ballot documents as required by law. This scope includes the coordination of
the Spanish versions of the Notice of Public Hearing and Ballot documents.
Also included is assistance to Temecula's City Clerk's staff in tabulation of the ballots. The ballots
will include a bar code to identify the property owner, zone and vote. During the tabulation of the
ballots MuniFinancial staff will assist by scanning the bar codes and providing the City Clerk's Office
with any required reports with tabulation results. The tabulation will include 28 results for each of the
28 zones.
The postage required in the amount of approximately $13,000 will be paid directly to the U.S.
Postmaster.
FISCAL IMPACT: Adequate funds are available to fund this contract in the amount of
$35,510 as well as postage expenses in the approximate amount of $13,000 in Community Services
2007-2008 Budget.
ATTACHMENTS:
Professional Services Agreement
AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE
TEMECULA COMMUNITY SERVICES DISTRICT AND
MUNIFINANCIAL
SERVICE LEVEL C ELECTION SERVICES
THIS AGREEMENT is made and effective as of September 25, 2007, between the
Temecula Community Services District, a municipal corporation ("District") and MuniFinancial
("Consultant") In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
1. TERM. This Agreement shall commence on September 25, 2007, and shall
remain and continue in effect until tasks described herein are completed, but in no event later
than June 30, 2008, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and set
forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in
Exhibit A.
3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the
best of his or her ability, experience, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
4. PAYMENT.
a. The District agrees to pay Consultant monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates
and Schedule, attached hereto and incorporated herein by this reference as though set forth in
full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the
payment rates and schedule of payment are null and void. This amount shall not exceed Thirty
Five Thousand Five Hundred Ten dollars and No Cents ($35,510.00) for the total term of the
Agreement unless additional payment is approved as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the General
Manager. Consultant shall be compensated for any additional services in the amounts and in
the manner as agreed to by General Manager and Consultant at the time District's written
authorization is given to Consultant for the performance of said services.
c. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for
services provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice as to all non-disputed fees. If the District disputes any of consultant's
fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any
disputed fees set forth on the invoice.
P"\Finance\Agreement Samples.2007\Consultant-Prof Srvc Agrmnt.Sample. Revised 2007
Updated 6/28/07
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The District may at any time, for any reason, with or without cause,
suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at
least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise. If the
District suspends or terminates a portion of this Agreement such suspension or termination shall
not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the
District shall pay to Consultant the actual value of the work performed up to the time of
termination, provided that the work performed is of value to the District. Upon termination of the
Agreement pursuant to this Section, the Consultant will submit an invoice to the District
pursuant to Section 4.
6. DEFAULT OF CONSULTANT.
a. The Consultant's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Consultant is in default for cause under the terms of
this Agreement, District shall have no obligation or duty to continue compensating Consultant
for any work performed after the date of default and can terminate this Agreement immediately
by written notice to the Consultant. If such failure by the Consultant to make progress in the
performance of work hereunder arises out of causes beyond the Consultant's control, and
without fault or negligence of the Consultant, it shall not be considered a default.
b. If the General Manager or his delegate determines that the Consultant is
in default in the performance of any of the terms or conditions of this Agreement, it shall serve
the Consultant with written notice of the default. The Consultant shall have (10) days after
service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the Consultant fails to cure its default within such period of time,
the District shall have the right, notwithstanding any other provision of this Agreement, to
terminate this Agreement without further notice and without prejudice to any other remedy to
which it may be entitled at law, in equity or under this Agreement.
7. OWNERSHIP OF DOCUMENTS.
a. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by District that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall
be maintained in accordance with generally accepted accounting principles and shall be clearly
identified and readily accessible. Consultant shall provide free access to the representatives of
District or its designees at reasonable times to such books and records, shall give District the
right to examine and audit said books and records, shall permit District to make transcripts there
from as necessary, and shall allow inspection of all work, data, documents, proceedings and
activities related to this Agreement. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing
data generated for the work, surveys, notes, and other documents prepared in the course of
2
providing the services to be performed pursuant to this Agreement shall become the sole
property of the District and may be used, reused or otherwise disposed of by the District without
the permission of the Consultant. With respect to computer files containing data generated for
the work, Consultant shall make available to the District, upon reasonable written request by the
District, the necessary computer software and hardware for purposes of accessing, compiling,
transferring and printing computer files.
8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and
hold harmless the City, District, and/or Agency, its officers, officials, employees and volunteers
from and against any and all claims, demands, losses, defense costs or expenses, including
attorney fees and expert witness fees, or liability of any kind or nature which the City, District
and/or Agency, its officers, agents, employees or volunteers may sustain or incur or which may
be imposed upon them for injury to or death of persons, or damage to property arising out of
Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the
performance or non-performance of this Agreement, excepting only liability arising out of the
negligence of the District.
9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the
duration of the contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
a. Minimum Scooe of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no
automobiles, a non-owned auto endorsement to the General Liability policy described above
is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Consultant has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Consultant shall execute a declaration that it has no employees.
4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1) General Liability: One million ($1,000,000) per occurrence for bodily
InJury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: One million ($1,000,000) per accident for
bodily injury and property damage.
3
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
4) Professional Liability coverage: One million ($1,000,000) per claim
and in aggregate.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the General Manager. At the option of the
General Manager, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the City, its officers, officials, employees and volunteers; or the
Consultant shall procure a bond guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
i. The District, its officers, officials, employees and volunteers
are to be covered as insured's as respects: liability arising out
of activities performed by or on behalf of the Consultant;
products and completed operations of the Consultant;
premises owned, occupied or used by the Consultant; or
automobiles owned, leased, hired or borrowed by the
Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the District, its officers,
officials, employees or volunteers.
ii. For any claims related to this project, the Consultant's
insurance coverage shall be primary insurance as respects the
District, its officers, officials, employees and volunteers. Any
insurance or self-insured maintained by the District, its officers,
officials, employees or volunteers shall be excess of the
Consultant's insurance and shall not contribute with it.
iii. Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect
coverage provided to the District, its officers, officials,
employees or volunteers.
iv. The Consultant's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
v. Each insurance policy required by this agreement shall be
endorsed to state: should the policy be canceled before the
expiration date the issuing insurer will endeavor to mail thirty
(30) days' prior written notice to the District.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Consultant shall within two (2) business days of notice from insurer phone, fax,
and/or notify the District via certified mail, return receipt requested of the changes to or
cancellation of the policy.
4
a. Acceotabilit\{ of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the
District. Self insurance shall not be considered to comply with these insurance
requirements.
b. Verification of Covera,ae. Consultant shall furnish the District with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the District. All endorsements are to be received and approved by the
District before work commences. As an alternative to the District's forms, the Consultant's
insurer may provide complete, certified copies of all required insurance policies, including
endorsements effecting the coverage required by these specifications.
10. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the District a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Consultant shall at all times be under Consultant's exclusive direction and control. Neither
District nor any of its officers, employees, agents, or volunteers shall have control over the
conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth
in this Agreement. Consultant shall not at any time or in any manner represent that it or any of
its officers, employees or agents are in any manner officers, employees or agents of the District.
Consultant shall not incur or have the power to incur any debt, obligation or liability whatever
against District, or bind District in any manner.
b. No employee benefits shall be available to Consultant in connection with
the performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, District shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for District. District shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services hereunder.
11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all
local, State and Federal ordinances, laws and regulations which in any manner affect those
employed by it or in any way affect the performance of its service pursuant to this Agreement.
The Consultant shall at all times observe and comply with all such ordinances, laws and
regulations. The District, and its officers and employees, shall not be liable at law or in equity
occasioned by failure of the Consultant to comply with this section.
12. RELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement
shall be considered confidential and shall not be released by Consultant without District's prior
written authorization. Consultant, its officers, employees, agents or subcontractors, shall not
without written authorization from the General Manager or unless requested by the City
Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response
to interrogatories or other information concerning the work performed under this Agreement or
relating to any project or property located within the District. Response to a subpoena or court
order shall not be considered "voluntary" provided Consultant gives District notice of such court
order or subpoena.
5
b. Consultant shall promptly notify District should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena,
notice of deposition, request for documents, interrogatories, request for admissions or other
discovery request, court order or subpoena from any party regarding this Agreement and the
work performed there under or with respect to any project or property located within the District.
District retains the right, but has no obligation, to represent Consultant and/or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with District and
to provide District with the opportunity to review any response to discovery requests provided by
Consultant. However, District's right to review any such response does not imply or mean the
right by District to control, direct, or rewrite said response.
13. NOTICES. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (I) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express,
that provides a receipt showing date and time of delivery, or (iii) mailing in the United States
Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the
party as set forth below or at any other address as that party may later designate by Notice.
Notice shall be effective upon delivery to the addresses specified below or on the third business
day following deposit with the document delivery service or United States Mail as provided
above.
To District via U.S. Mail:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
Attention: City Manager
To District via Courier Service:
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Consultant:
MuniFinancial
27368 Via Industria, Suite 110
Temecula, CA 92590
Attn: Chris Fisher, Principal Consultant
(951) 587-3500
(951) 587-3510 - fax
14. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of
the District. Upon termination of this Agreement, Consultant's sole compensation shall be
payment for actual services performed up to, and including, the date of termination or as may be
otherwise agreed to in writing between the City Council and the Consultant.
15. LICENSES. At all times during the term of this Agreement, Consultant shall have
in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
6
16. GOVERNING LAW. The District and Consultant understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of the
parties to this Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the municipal, superior, or federal district court
with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one
party against the other to enforce its rights under this Agreement, the prevailing party, as
determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation
expenses for the relief granted.
17. PROHIBITED INTEREST. No officer, or employee of the District of Temecula
shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Consultant, or Consultant's sub-contractors for this project, during his/her tenure or for one year
thereafter. The Consultant hereby warrants and represents to the District that no officer or
employee of the District of Temecula has any interest, whether contractual, non-contractual,
financial or otherwise, in this transaction, or in the business of the Consultant or Consultant's
sub-contractors on this project. Consultant further agrees to notify the District in the event any
such interest is discovered whether or not such interest is prohibited by law or this Agreement.
18. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All
prior or contemporaneous agreements, understandings, representations and statements, oral or
written, are merged into this Agreement and shall be of no further force or effect. Each party is
entering into this Agreement based solely upon the representations set forth herein and upon
each party's own independent investigation of any and all facts such party deems material.
19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has
the authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
7
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
Temecula Community Services District
Jeff Comerchero, CSD President
ATTEST:
Susan W. Jones, MMC, City Clerk/Board Secretary
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
CONSULTANT:
Muni Financial
27368 Via Industria, Suite 110
Temecula, CA 92590
Chris Fisher, Principal Consultant
By:
Name:
Title:
By:
Name:
Title:
8
EXHIBIT A
Scope of Services
Temecula Community Services District (TCSD)
Service Level C Noticing and Balloting
The Temecula Community Services District (TCSD) Service Level C (perimeter Landscaping and
Slope Maintenance) currendy includes specific residential subdivisions (tracts) for which the TCSD
provides on-going servicing, operation, and maintenance of perimeter landscaped areas and slopes
within the public right-of-ways and dedicated easements adjacent to and associated with those
developments. Service Level C currendy includes approximately 13,901 active parcels grouped into
one (1) of thirteen (13) sub-areas (sub-service-levels) identified as C-1 through C-13. The City has
previously determined an appropriate reorganization of the existing sub-areas into approximately
thirty-one (31) sub-service-levels based on the residential subdivisions currendy within Service Level
C and has identified the exiting parcels and proposed rates and charges associated with those
specific improvements and sub-service-levels.
The following outlines MuniFinancial's proposed scope of work and fees to assist the City with the
required noticing and balloting of the new rate changes determined by the City. Our proposed scope
of work includes coordinating the printing, processing and mailing of the notice of Public Heating
and property owner ballots to all affected properties and developments identified by the TCSD.
Specific tasks include the following.
1. Consult with TCSD staff to finalize the key dates and project timeline; and coordinate the
identification of the affected properties and the proposed new rates and charges.
2. Using base electronic parcel information regularly updated by MuniFinancial for properties
within the TCSD and the new rates and charges provided in electronic format by the City, we
will develop a separate rates and charges database for Service Level C that contains updated
parcel numbers, ownership and mailing information for all affected properties within the various
service areas. This database will include the existing rates and charges as well as the proposed
increase as applicable. This database will be utilized for the mailing of the notices and ballots
utilizing property ownership information from available County Assessor's Office secured roll
information. (Note: The mailing of both the Notice of Public Hearing and the Ballots shall be
based on the final 2007/2008 fiscal year secured roll information that was established by the
County Assessor's Office in July 2007.)
3. Review and confirm the number of parcels and proposed rates and charges provided by the City
to ensure all affected properties have been properly identified and the proposed new rates and
charges applicable to each tract and parcel have been appropriately applied. We will provide a
summary table of the updated parcels and charges to the City for review and confirmation prior
to mailing the notice of Public Hearing.
4. Upon completion of the parcel update for the new Service Level C charges, MuniFinancial will
prepare either in hardcopy or electronically, a complete listing of the parcels and corresponding
charges for the City to incorporate as an exhibit to the Report being prepared by the City for the
Public Hearing.
5. For this project, it is anticipated that the City's proposed notice and ballot documents will be the
same basic documents established earlier in the year for the proposed rate increase that was
abandoned due technical errors. (The only anticipated change will be the inclusion of a Spanish
Page 2
II MuniFinancial
translation of the Notice of Public Hearing, which the City will provide). Due to several possible
variables associated with the proposed rate changes, (Inflationary adjustment only; One-year
increase, then the inflationary adjustment in subsequent years; Multi-year increase, then the
inflationary adjustment in subsequent years) we anticipate that more than one (1) version of the
notice and/or ballot will be required to address variations in the text associated with each
proposed rate increase scenario as well as property specific mail-merge fields. We will assist the
City with finalizing the notice and ballot to be mailed by reviewing the City's proposed notice(s)
and ballot(s), and providing recommendations for possible modifications, particularly for those
portions of the documents that incorporate merged fields from the source-mailing database.
However, it should be noted that our proposed fee quote for this project assumes that the
documents to be printed and mailed will be generally the same as those approved by the City for
the previous mailings, and that only ~;n;~o 1 modifications to the documents will be required. If
significantly more infonnation needs to be merged into these documents or additional versions
of the documents are required for the project, our fee quote may be modified for the additional
effort associated with these variables.
6. MuniFinancial will coordinate the preparation, mail-merge and processing of the notice of Public
Hearing documents, and the ballot and notice of election instructions documents provided by
the City. After finalizing these documents and establishing the mail-merge data, MuniFinancial
will provide the City with samples of the final proof documents to be printed for their review
prior to the actual mailing.
7. MuniFinancial shall cause the printing and mailing of the approved notices and ballots to the
affected property owners within Service Level C based on available parcel and property owner
information from the County Assessor's Office secured roll. For efficiency reasons, the actual
printing and ~o;l;n:l of these documents will be out-sourced to the same company that has
historically printed and mailed the TCSD's annual Public Hearing notices on behalf of
MuniFinancial. An estimate of the cost to print and mail these documents is included in our fee
quote, however MuniFinancial will invoice the City for the actual cost of printing and mailing
the notices and ballots at our cost. (The estimate of the cost to print and mail these documents is
based on previous services provided by the out -source company (W estern Graphics) and that
two separate mailings of approximately 13,450 parcels each.)
8. As a double check of the Ballot mailing, at the City's request, MuniFinancial will create a
"dummy -record" assigned to the City for each version of the notice and ballot documents.
When the actual mailings occur, the City will be mailed "sample notices" and "sample ballots"
for each version of the respective notices and ballots (addressed to a member of the TCSD
staff). This process will allow the City to confirm that the ballots and supporting documents
were properly printed and processed.
9. In cooperation with the Board Secretary/City Clerk, MuniFinancial will assist with the tabulation
of all retuned ballots if the City authorizes the use of our bar-coding system for the ballots
mailed. MuniFinancial has developed proprietary software that utilizes bar-coding fields on the
ballots, allowing us to tabulate approximately 400 to 700 ballots per hour. This software not only
expedites the balloting tabulation, it provides an electronic tracking and summary of the ballots
tabulated. MuniFinancial anticipates providing up to three staff members for an entire day to
tabulate the returned ballots the day after the election is closed and the ballots are to be counted.
While there is no way to anticipate how many ballots the City will receive, it is probably a safe
assumption that approximately half of the ballots will be returned. With the assistance of City
staff we estimate that this number of ballots can be opened and tabulated in a single eight to
twelve hour day, which is reflected by our fee proposal. MuniFinancial will provide the balloting
II MuniFinancial
Page 3
results to the Board Secretary I City Clerk once tabulation is complete for their review and
certification.
1 o. We will be available by telephone to answer questions regarding the project from City staff
during the course of the project.
~
EXHIBIT B
Fees for Services
MuniFinancial will provide the services described herein for the following fees. These fees include all
expenses associated with the project (excluding postage), but the fees for printing and processing of
the documents to be mailed is only an estimate of the costs based on the type and number of pieces
for each mailing and the approximate 13,450 parcels. Actual printing and processing costs will be
billed to the City at our cost.
Additional meetings or tasks outside our proposed scope of work will require an additional fee.
Prepare and update the Mailing Data, Notice and
Ballot Documents and Coordinate the Mailing Pracess
Assist with Ballot Tabulation
Sub-Total MuniFinancial Services I
Estimated Printing & Processing of the Notice of
Public Hearing (1)
$ 8,580
4.080
$12,660
$ 9,400
Estimated Printing & Processing of the Ballots, Notice
of Election & Instructions (2)
Sub-Total Estimated Printing & Processing Fees I
Total Estimate Cost I
13.450
$22,850
$35,510
(1) Assumes this mailing will include: a generic Notice of Public Hearing printed on two 8.5 x 11 double-sided pages (both an
English and Spanish version); and, a mail-merged attachment printed on one 8.5 x 11 double-sided page that is English
on one side and Spanish on the other. (TotalS pieces)
(2) Assumes this mailing will include: the Notice of Election printed on one 8.5 x 11 doubleHsided page (both an English and
Spanish version); the Ballot Instructions printed on one 11 x 17 double-sided page (both an English and Spanish version);
and, the Ballot printed on one 8.5 x 11 double-sided page (with English on one side and Spanish on the other); plus a
return envelop for the ballot. (Total of 6 pieces). (If postage is to be included in the return envelop, the City will coordinate
and provide the artwork to print the return indicia and arrange for and pay such postage separately.)
Our fee assumes the following:
. Our fee is based on an estimated 13,450 parcels being noticed and balloted. Increases to the
number of parcels may result in a corresponding increase to our fees.
. The fees above include an estimate of the printing, processing and mail drop-off fOr the notices, ballots and
related dncuments. These estimated fees for each of the two proposed ~";1;n3S are itemized
separately above for reference purposes, but will be billed to the City of Temecula at our cost,
with no overhead markup.
. The fees above do not include postage for the mailing of the notices, ballots and related
documents or postage for the returned ballots. The City will be responsible for paying all
postage costs directly to the postmaster general or through other arrangements made outside
Page 5
II MuniFinancial
this scope of services and fees. The First Class postage for the two proposed mailings is
estimated to be $13,050, based on the number of pieces in each mailing and the fact that both
mailings will likely exceed the i-ounce weight limit for regular postage and the postage rate for a
2-ounce weight per piece will be required.
. The fees above do not include our attendance at any staff meetings or Board of Director's
Meetings. We will however, participate and attend City staff meetings and/or Board of
Director's Meetings as requested by the City (schedules permitting) as optional services and for
an additional fee.
. Telephone conference calls are not considered "meetings" for the purpose of our proposal and
are not limited by our scope of services.
Invoicing
We will invoice the City of Temecula montWy based on percentage of project completion.
Additional Services
Additional Services may be authorized and will be billed at our then-current hourly consulting rates.
Our current hourly rates are:
Division Manager
Principal Consultant
Senior Project Manager
Project Manager
Senior Project Analyst
Senior Analyst
Analyst
Analyst Assistant
Property Owner Services Representative
Support Staff
$200
190
155
135
120
110
90
75
50
45
\
. MuniFinancial
Page 6
REDEVELOPMENT
AGENCY
Ii
-
I.
ITEM NO. 12
I
I
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA REDEVELOPMENT AGENCY
SEPTEMBER 11, 2007
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:27
p.m., at the Temecula Duck Pond at 28250 Rancho California Road, Temecula, California.
ROLL CALL
PRESENT:
5
AGENCY MEMBERS:
Comerchero, Naggar, Roberts,
Washington, Edwards
ABSENT:
o
AGENCY MEMBERS:
None.
Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No reports at this time.
RDA CONSENT CALENDAR
14 Minutes
RECOMMENDATION:
14.1 Approve the minutes of August 28, 2007.
15 Financial Statements for the Fiscal Year Ended June 30. 2007
RECOMMENDATION:
15.1 Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2007;
15.2 Approve an increase of $615,700 for property tax increment in the Debt Service
Fund;
15.3 Approve an appropriation of $200,000 for pass-through agreements in the Debt
Service Fund.
MOTION: Agency Member Comerchero moved to approve the Consent Calendar. Agency
Member Edwards seconded the motion and voice vote reflected unanimous aooroval.
RDA EXECUTIVE DIRECTORS REPORT
No reports at this time.
R:\Minutes\091107
RDA AGENCY MEMBERS REPORTS
No reports at this time.
RDA ADJOURNMENT
At 7:28 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, September 25, 2007, at 5:30 p.m. for Closed Session, with regular session
commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula,
California
Maryann Edwards, Chairman
ATTEST:
Susan W. Jones, MMC
City Clerk/Agency Secretary
[SEAL]
R:\Minutes\091107
2
RDA DEPARTMENTAL
REPORT
Ii
-
I.
ITEM NO. 13
I
I
Approvals
City Attorney
Director of Finance
City Manager
V
/1/2
(J(,v
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
Executive Director/Agency Members
FROM:
John Meyer, Redevelopment Director
DATE:
September 25, 2007
SUBJECT:
Redevelopment Departmental Monthly Report
Attached for your information is the monthly report as of September 25,2007 for the Redevelopment
Department.
First Time Homebuyers Program
Funding in the amount of $100,000 is available for FY 07 -08.
Residential Improvement Programs
The program budget for FY 07-08 is $350,000, with $36,900 funded on 7 units. The amount
available to each participant is$7500.
Habitat for Humanity
Council entered into a Disposition and Development Agreement (DDA) with Habitat for Humanity to
develop a home-ownership project within the Pujol Neighborhood. The project located on the
northwest corner of Pujol and First Streets will consist of 5 new single-family detached homes. The
houses are arranged along Pujol Street and a private lane. The preliminary grading permit has been
issued and rough grading has been completed. Off site improvements are under construction. A
tentative tract map has been approved for the adjacent property for two additional single family
detached homes.
Dalton Mixed-Use II
On May 28, 2005, the Council approved an Owner Participation Agreement with D'Alto Partners to
build a mixed-use affordable housing project. The project consists of 24 units and over 5,000 sq. ft.
of retail/commercial. The project is located on the north side of Fifth Street, west of Mercedes.
Construction is completed and all 24 apartment units have been leased. The tenant improvements
are underway on the commercial units.
Dalton Mixed-Use III
On March 28, 2006, the Council approved an Owner Participation Agreement with D'Alto Partners to
build a mixed-use affordable housing project. The project will consist of 22 units over 4,700 sq. ft.
of retail/commercial. Vertical construction has begun. It is estimated that construction will be
completed in the fall of 2007. The project is located on the north side of Fifth Street, west of
Mercedes.
Facade Improvement/Non-Conforming Sign Program
The following facade improvement/sign projects are in process or have recently been completed:
Palomar Hotel
- Paint Exterior, New Windows and Doors
La Menagerie
- Design and Install Wood Blasted Signs
Chaparral Center Building
- Sign Program
Old Town Promotions/Marketing
Hot Summer Niahts/Quilt Show/Howl-o-ween in Old Town
Hot Summer Nights concluded on August 31 with the Bayou Brothers, Two of Us +1 Band, Viento
Libre performing on the Pan Flute, and the sounds of bluegrass from the Silverado Band. kwards,
The weekend also included craft and food vendors.
The Quilt Show will be held in Old Town Temecula on Saturday October 6, 2007from 10:00 a.m. -
4:00 p.m. The event is sponsored by Valley of the Mist Quilters Guild and The City of Temecula.
Over 150 quilts will be hung along porches and eaves of business on Old Town Front Street
between Moreno Road and Santiago Road. In addition, there will be a Small Quilt Silent Auction, a
Large Quilt Live Auction and new this year, Quilts for Sale. Both auctions will be held in the Old
Town Community Theater Courtyard. The featured Quilter is Lyn Mann. Admission is free and all
proceeds to benefit Hugs Foster Family Agency.
Howl-o-ween in Old Town will be held on October 27 & 28, 2007. The weekend will include trick or
treating at participating businesses throughout Old Town. It's a full day of goulish fun with Rosa's
Cantina pumpkin toss, pumpkin decorating, face painting and costume contests. In addition, the pet
costume contest will be held on Saturday, 1 p.m. at Sam Hicks Park and the 7th Annual Costume
Walk Contest on Sunday at 3 p.m. at Butterfield Square on Front Street. The weekend will also
include Dynamite Dave, that Wild West Zombie with a ghostly past.
Other upcoming events will include Erie Stanley Gardner November 2, 3, & 4 and Dickens of a
Christmas November 24 - December 23.
Old Town Temecula
Outdoor Quilt
Show
- ~.
.~ Saturday, October 6, 2007
- Sponsored by: Valley of the Mist Quilters Guild
and
The City of Temecula
Over 150 quilts will be hung along porches and eaves
oC businesses on "
Old Town-Front Street between Moreno Road and Santiago Road
Small Quilt Silent Auction
Large Quilt Live Auction
New this year: Quilts for Sale '-
'"
J
Look Cor both auctions in the Old Town Community Theater Courtyard located at
42051 Main Street
Featured Quilter: Lyn Mann
http:j jwww.quiltsbylyn.com
Hours: 10:00 am - 4:00 pm Admission: Free
Proceeds to benefit Hugs Foster Family Agency
1-15 to Exit Rancho CaliCornia Rd.
West to Old Town-Front St.
South on Old Town-Front St.
Inquiries to:
Ivtoqlt@hotmail.com or (951) 694-6412
visit www.valleyofthemistquilters.com
~,.I,. H",~l-<1
4;.v-.J.~l=~
t.1..J....n.lt::L"
~~~:~~~~ 6th Annual Erie Stanley Gardner
Short Story
Mystery Writing Contest
Part oflhe Murder Mysiery Weekend November 2-4, 2007
Old Town Temecula
Sponsored by the City of Temecula,
Rosenstein & Hitzeman, AAPLC,
and
The Californian
Rules:
1. A cover page must be attached to each story, including the story name, the name and address of the author,
telephone number, contest category (middle school, high school, adult), approximate word count and e-mail
address if applicable.
2. The author's name should not appear beyond the cover sheet. The story title should appear on all pages of
the manuscript. The contest is run on a blind review and judges do not see the entrant's name until winners
are chosen
3. All entries must be typed and double spaced on one side of 8-1/2 x 11 paper. Winning entries must later be
submitted in a Word or Word Perfect document format.
4. l\1anuscripts will not be returned.
5. Stories that have been published previously are not eligible.
6. Story should not exceed 1,000 words for middle school entries, 1,500 words for high school entries, and
2,500 words for adult entries. No adult themes ---- which includes excessively foul language. Submission
should be no more than PG-13 rated and should be suitable for reading by anyone.
7. Only one entry per person will be accepted and it must be the creation of that person in whose name it is
submitted.
8. Professional writers (those who make at least half of their income writing fiction) and teachers of creative
writing at the college level are not eligible to enter.
9. Stories should be of the mystery genre and include references to historical buildings and! or people, living or
dead, of the Temecula Valley.
10. All work must be original work written by the applicant. Should work be discovered as a copy or contain
plagiarized material, applicant/writer and his work will be disqualified.
11. Entries must be received by Oct. 12,2007. Submit all entries to the Erie Stanley Gardner Short Story
Writing Competition, City of Temecula, P.O. Box 9033, Temecula, CA 92589-9033 or bring to City
Hall, care of the Redevelopment Agency, at 43200 Business Park Drive, Temecula, CA, 92590. The
Sponsors are not responsible for late, stolen, incomplete, illegible or misdirected mail or submissions.
12. Winning entries in the adult category will receive: $200 for first place, $100 for second place, and $50 for
third place. Winning entries in the school categories will receive $100 gift certificates for first place in
both Middle and High School category, $75 gift certificates for second place and $50 gift certificates for
third place.
13. Only first place entries will be published in The Californian and the author will receive no remuneration
from that newspaper for publishing those entries.
14. Any entry that does not conform to these rules will not be entered into the contest.
15. Winners will be invited to accept their awards on Nov 4,2007 at the Old Town Temecula Community
Theater at 42051 Main Street for the conclusion of the Erle Stanley Gardner Mystery Weekend.
Performance begins at 3 p.m. Awards to follow.
PUBLIC HEARING
Ii
-
I.
ITEM NO. 14
I
I
Approvals
City Attorney
Director of Finance
City Manager
V
ell
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Debbie Ubnoske, Director of Planning
DATE:
September 25, 2007
SUBJECT:
Proposed Noise Ordinance adding Chapter 9.2 to Title 17 of the Temecula
Municipal Code
PREPARED BY:
Emery J. Papp, Senior Planner
RECOMMENDATION:
That the City Council:
1. Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING CHAPTER 9.20 TO THE TEMECULA
MUNICIPAL CODE ESTABLISHING CITYWIDE STANDARDS FOR
REGULATING NOISE
BACKGROUND: On April 12, 2005, the Temecula City Council adopted a
comprehensive update of the Temecula General Plan. The General Plan includes a Noise Element
which contains goals and policies aimed at reducing the impacts of ambient noise in the built
environment. These goals and policies strive to minimize noise impacts by setting maximum
acceptable noise levels and requiring the community to maintain acceptable noise standards.
However, the City has not adopted a nuisance Noise Ordinance, making it difficult for enforcement
officials to cite individuals who create or contribute to nuisance noises.
The number of nuisance noise complaints received by the City has grown each year and the City
Council has received reports of threats or vandalism against citizens who have asked their
neighbors to keep the noise down or have reported them to enforcement officials. In response to
these concerns the City Council directed staff to prepare a new Noise Ordinance that specifically
addresses nuisance noises and enforcement. The City Council also appointed a Noise
Subcommittee consisting of Mayor Chuck Washington and Council Member Maryann Edwards to
work with staff in the preparation of the new Noise Ordinance. The Noise Subcommittee met on
January 24, 2007, April 3, 2007, and May 16, 2007.
The proposed Noise Ordinance was presented to the Planning Commission on June 6, 2007. The
Planning Commission expressed several concerns with the proposed Noise Ordinance. During
public comments, additional concerns were raised which prompted the Planning Commission to
continue the item and direct staff to revise the draft Ordinance and respond to these concerns.
These issues are identified in the September 5, 2007 Planning Commission Staff Report
(Attachment No.2, pages 1 and 2).
A joint City Council/ Planning Commission Noise Subcommittee meeting was held on July 24,2007.
The meeting was noticed as a Public Meeting and members of the public were present. A general
consensus was reached regarding the need to adopt a new Noise Ordinance, but additional issues
were brought up by members of the public who attended the meeting. These issues are identified in
the September 5, 2007 Planning Commission Staff Report (Attachment No.2, page 2).
After the joint Noise Subcommittee meeting staff worked with the City Attorney to revise the draft
Noise Ordinance to address the remaining concerns. On August 1, 2007, staff met with the
Planning Commission Noise Subcommittee, Temecula Police Department and Code Enforcementto
go over the proposed revisions. Some additional feedback was received and has been included in
the draft Noise Ordinance.
The revised draft noise Ordinance was presented to the Planning Commission on September 5,
2007. The Planning Commission was pleased with the changes to the draft noise Ordinance, but
expressed a concern regarding the Special Standards for Barking Dogs and Keeping of Noisy
Animals. The concern was with how to achieve compliance from repeat offenders if the duration of
the offending noise was less than 30 minutes per occurrence. In addition, staff requested that an
exemption for civic events held on public or private property be added back into the draft Noise
Ordinance. Without such an exemption, staff would need to process approximately 50 Temporary
Use Permits annually to continue holding these events. This would be time consuming for staff and
there would be no reimbursement for staff time because fees are not collected for City sponsored
applications. The Planning Commission concurred and moved to recommend approval of the
Ordinance with the proposed change for civic events and a proposed revision to address
enforcement of repeat noisy animal offenses.
After the September 5, 2007 Planning Commission meeting, staff revised section 9.20.030
Exemptions, by adding an exemption for City sponsored events. In conjunction with the City
Attorney, staff also revised section 9.20.060 E. Barking Dogs and Keeping of Noisy Animals,
responding to concerns expressed by Commissioner Harter. The scope of the changes to Section
9.20.060 E. include adding prohibitive language that ties the offense to an individual person, adding
a definition for "disturbing or offensive noise," listing the types of offenses in bullet format, and
adding a third offense which responds to the concern of repeat offenders.
ENVIRONMENTAL DETERMINATION: Staff has determined that Ordinance No. 07-_
(Ordinance Regulating Noise) is exempt from the requirements of the California Environmental
Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061 (b)(3)
because it can be seen with certainty that there is no possibility that the Ordinance will have a
significant effect on the environment. The Ordinance will have no adverse environmental affects
because it will reduce the public's exposure to loud ambient noise levels and nuisance noise.
FISCAL IMPACT: Purchase of noise measuring devices, purchase of noise measuring
device calibration equipment, staff training and staff time for enforcement.
ATTACHMENTS:
Proposed CC Ordinance No. 07-
September 5, 2007 Planning Commission Staff Report
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADDING CHAPTER 9.20 TO THE
TEMECULA MUNICIPAL CODE ESTABLISHING
CITYWIDE STANDARDS FOR REGULATING NOISE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 9.20 is hereby added to the Temecula Municipal Code to
read as follows:
"CHAPTER 9.20 NOISE
9.20.010 Intent. At certain levels, sound becomes noise and may jeopardize
the health, safety or general welfare of City residents and degrade their quality of life.
This Chapter is intended to establish citywide standards to regulate noise. This Chapter
is not intended to establish thresholds of significance for the purpose of any analysis
required by the California Environmental Quality Act. No such thresholds are hereby
established.
9.20.020 Definitions. Whenever used in this Chapter, the following terms
shall have the following meanings:
A. "Animal" means any bird, cat, dog, goat, horse, burro or donkey.
B. "Audible" means capable of being heard by a person without the use or
aid of an amplified hearing device.
C. "Audio Equipment" means a television, stereo, radio, tape player, compact
disc player, MP3 player, ~ Pod or other similar device.
D. "City Manager" means the City Manager or his or her designee.
E. "Decibel" means a unit (dB) for measuring the relative amplitude of a
sound equal approximately to the smallest difference normally detectable by the human
ear, the range of which includes approximately 130 decibels on a scale beginning with
zero decibels for the faintest detectable sound. Decibels are measured with a sound
level meter using different methodologies as defined below:
1. A-weighting (dBA) means the standard A-weighted frequency
response of a sound level meter, which de-emphasizes low and high frequencies of
sound in a manner similar to the human ear for moderate sounds.
2. Community Noise Equivalent Level (CNEL) means a 24-hour
energy equivalent level derived from a variety of single-noise events, with weighting
factors of 5 and 10 dBA applied to the evening (7 p.m. to 10 p.m.) and nighttime (10
p.m. to 7 a.m.) periods, respectively, to allow for the greater sensitivity to noise during
these hours.
3. Ldn means Day-Night Average Sound Level. The A-weighted
average sound level for a given area (measured in decibels) during a 24-hour period
with a 10 dB weighting applied to night-time sound levels. The Ldn is approximately
numerically equal to the CNEL for most environmental settings.
4. Maximum Sound level (Lmax) means the maximum sound level
measured on a sound level meter.
F. "Governmental Agency" means the United States, the State of California,
the County of Riverside, the City of Temecula, or any combination of these agencies.
G. "Motor Vehicle" means a vehicle that is self-propelled.
H. "Noise" means any loud, discordant, raucous or disagreeable sound.
I. "Occupied Property" means any property upon which is located a
residence, business or industrial or manufacturing use.
J. "Power Tools or Equipment" means any mechanical, electrical or
pneumatic device used to perform or facilitate manual or mechanical work.
K. "Public Property" means property owned by a governmental agency or
held open to the public, including, but not limited to, parks, streets, sidewalks, parking
lots and alleys.
L.
instruction at
college level.
"Public or Private School" means an institution conducting academic
the preschool, elementary school, junior high school, high school, or
M. "Sensitive Receptor" means a land use that is identified as sensitive to
noise in the Noise Element of the Riverside County General Plan and the Noise
Element of the Temecula General Plan, including, but not limited to, residences,
schools, hospitals, churches, rest homes, cemeteries or public libraries.
N. "Sound Amplifying Equipment" means a loudspeaker, microphone,
megaphone, stereo equipment, portable radio, boom box, any musical instrument
amplified by an electrical device, or other similar device.
O. "Sound Level Meter" means an instrument meeting the standards of the
American National Standards Institute for Type 1 or Type 2 sound level meters or an
instrument that provides equivalent data.
9.20.030 Exemptions. Sound emanating from the following sources is
exempt from the provisions of this Chapter:
A. Facilities owned or operated by or for a governmental agency.
B. Community Events on public or private property hosted or sponsored by
the City.
C. Capital improvement projects of a governmental agency.
D. The maintenance or repair of public properties.
E. Public safety personnel in the course of executing their official duties,
including, but not limited to, sworn peace officers, emergency personnel and public
utility personnel. This exemption includes, without limitation, sound emanating from all
equipment used by such personnel, whether stationary or mobile.
F. Public or private schools and school-sponsored activities.
G. Property maintenance, including, but not limited to, the operation of
lawnmowers, leaf blowers, etc., provided such maintenance occurs between the hours
of 7 a.m. and 8 p.m.
H. Motor vehicles, other than off-highway vehicles. This exemption does not
include sound emanating from motor vehicle sound systems.
I. Heating and air conditioning equipment.
J. Safety, warning and alarm devices, including, but not limited to, house and
car alarms, and other warning devices that are designed to protect the public health,
safety, and welfare.
K. The discharge of firearms consistent with all State laws.
9.20.040 General Sound level Standards. No person shall create any
sound, or allow the creation of any sound, on any property that causes the exterior
sound level on any other occupied property to exceed the sound level standards set
forth in Tables N-1 and N-2.
TABLE N-1
TEMECULA lAND USE /NOISE STANDARDS
Property Receiving Noise
Type of Use
Residential
Commercial and
Office
Light Industrial
Public/lnstitutional
Open Space
Land Use
Designation
Hillside
Rural
Very Low
Low
Low Medium
Medium
High
Neighborhood
Community
Highway Tourist
Service
Professional Office
Industrial Park
Schools
All others
Vineyards/Agriculture
Open Space
Maximum Noise level
(ldn or CNEl, dBA)
Interior
Exterior
45
65
45
45
65/70'
70'
70
50
55
50
50
70
75
65
70
70
70/652
Maximum exterior noise levels up to 70 dB CNEL are allowed for Multiple-Family
Housing.
2 Where quiet is a basis required for the land use.
3 Regarding aircraft-related noise, the maximum acceptable exposure for new
residential development is 60 dB CNEL.
TABLE N-2
NOISE/LAND USE COMPATIBILITY MATRIX
Community Noise Exposure
Land Use (Ldn or CNEL)
55 60 65 70 75 80
Residential'
Transient Lodging - Motel,
Hotel
Schools, Libraries,
Churches, Hospitals,
Nursing Homes
Auditoriums, Concert Halls,
Amphitheaters'
Sports Arena, Outdoor
Spectator Sports'
Playgrounds, Parks
Golf Course, Riding
Stables, Water Recreation,
Cemeteries
Office Buildings, Business
Commercial, and
Industrial, Manufacturing,
Utilities, Agriculture
Source: Modified from 1998 State of California General Plan Guidelines.
1. Regarding aircraft-related noise, the maximum acceptable exposure for new residential development is
60dB CNEL.
2. No normally acceptable condition is defined for these uses. Noise studies are required prior to approval.
D Normally Acceptable: Specified land use is satisfactory, based upon the assumption that any
buildings involved meet conventional Title 24 construction standards. No special noise insulation
requirements.
D Conditionally Acceptable: New construction or development shall be undertaken only after a detailed
noise analysis is made and noise reduction measures are identified and included in the project design.
D Normally Unacceptable: New construction or development is discouraged. If new construction is
proposed, a detailed analysis is required, noise reduction measures must be identified, and noise
insulation features included in the design.
I Clearly Unacceptable: New construction or development clearly should not be undertaken.
9.20.050 Sound level Measurement Methodology. The actual location of
a sound level measurement shall be at the discretion of the enforcement officials
identified in Section 9.20.080 of this Chapter. Sound level measurements shall be
made with a sound level meter. Immediately before a measurement is made, the sound
level meter shall be calibrated utilizing an acoustical calibrator meeting the standards of
the American National Standards Institute. Following a sound level measurement, the
calibration of the sound level meter shall be re-verified. Sound level meters and
calibration equipment shall be certified annually.
9.20.060 Special Sound Sources Standards. The general sound level
standards set forth in Section 9.20.040 of this Chapter apply to sound emanating from
all sources, including the following special sound sources, and the person creating or
allowing the creation of the sound is subject to the requirements of that section. The
following special sound sources are also subject to the following additional standards.
Failure to comply will constitute separate violations of this ordinance.
A. Power Tools and Equipment. No person shall operate any power tools or
equipment between the hours of 10 p.m. and 7 a.m. such that the power tools or
equipment are audible to a person located inside an occupied building.
B. Audio Equipment. No person shall operate any audio equipment as
described in 9.20.020(B), whether portable or not, between the hours of 10 p.m. and 7
a.m. such that the equipment is audible to a person located inside an occupied building.
C. Sound Amplifying Equipment or Live Music.
1. It is unlawful for any person to cause, allow or permit the emission or
transmission of any loud and raucous noise from any sound-making, sound-amplifying
device or live music under his control or in his possession:
a. Upon any private property
b. Upon any public street, alley, sidewalk or thoroughfare
c. In or upon any public park or other public place or property
2. The words "loud and raucous noise," as used in this section, shall mean
any sound having such intensity or carrying power as to unreasonably interfere with the
peace and quiet of other persons, or as to unreasonably annoy, disturb, impair or
endanger the comfort, repose, health or safety of other persons.
3. The determination of whether a sound is "unreasonable," as used in
paragraph 2 of subsection C of this section, shall involve the consideration of the level
of noise, duration of noise, constancy or intermittency of noise, time of day or night,
place, proximity to sensitive receptors, nature and circumstances of the emission or
transmission of any such loud and raucous noise.
D. Construction. No person shall engage in or conduct construction activity,
when the construction site is within one-quarter mile of an occupied residence, between
the hours of 6:30 p.m. and 6:30 a.m., Monday through Friday, and shall only engage in
or conduct construction activity between the hours of 7 a.m. and 6:30 p.m. on Saturday.
Further, no construction activity shall be undertaken on Sunday and nationally
recognized holidays. Public works projects of any federal, state or local entity or
emergency work by public utilities are exempt from the provisions of this subsection D.
Residents working on their homes or property are exempt from the prohibition of
construction activities on Sundays and holidays but must comply with the hourly
restrictions set forth for Saturday when working on Sundays and holidays. The city
council may, by formal action, exempt projects from the provisions of this chapter.
E. Barking Dogs and Keeping of Noisy Animals.
1. No person having charge, care, custody or control of any animal
shall permit such animal to emit any disturbing or offensive noise. The words
"disturbing or offensive noise," as used in this section shall mean any noise from an
animal that barks, bays, cries, whines, howls, screeches or makes any noise for an
extended period of time whether day or night, regardless of whether the animal is
physically situated in or upon private property. Such person is deemed to be in violation
of this section if any of the following conditions exist:
a. The animal emits disturbing or offensive noise incessantly for 30
minutes or more in any 24-hour period; or
b. The animal emits disturbing or offensive noise intermittently for 60
minutes or more during any 24-hour period; or
c. Enforcement officials witness such disturbing or offensive noise
from the same property on three or more occasions during any 30-
day period of time.
An animal is not considered to be emitting disturbing or offensive noise for purposes of
this article if, at any time the animal is making noise due to a person or other animal that
is trespassing or threatening to trespass upon private property in or upon which the
animal is situated, or when the animal is being teased or provoked.
2. Evidence of said disturbing or offensive noise shall be made by
direct observation of an enforcement official present on site responding to a complaint
from a neighbor, or a complaint form may be signed by a minimum of two neighboring
property owners and submitted to an enforcement official.
3. Nothing in this chapter shall establish standards for private civil
claims, in either civil court or small claims court, nor shall this chapter preclude any
person from pursuing a private civil action in either civil or small claims court.
9.20.070 Exceptions. Exceptions may be requested from the standards set
forth in Sections 9.20.040 (General Sound Standards) or 9.20.060 (Special Sound
Sources Standards) of this Chapter and may be characterized as construction-related or
single event exceptions.
A. Application and Processing.
1. Construction-Related Exceptions. An application for a Construction
Related Exception shall be made on a Minor Exception form provided by the Building
and Safety Department and shall be accompanied by the appropriate filing fee. No
Public Hearing is required.
2. Temporary Use Permit. An application for a Single Event
Exception shall be made using the Temporary Use Permit application provided by the
Planning Department and shall be accompanied by the appropriate filing fee. No
Public Hearing is required.
B. Requirements for Approval. The Director of Planning or his or her
designee shall not approve a Minor Exception Application or Temporary Use Permit
unless the applicant demonstrates that the activities described in the application would
not be detrimental to the health, safety or general welfare of the community. In
determining whether activities are detrimental to the health, safety or general welfare of
the community, the Director of Planning or his or her designee shall consider such
factors as the proposed duration of the activities and their location in relation to
sensitive receptors. If a Minor Exception Application or a Temporary Use Permit is
approved, reasonable conditions may be imposed to minimize the public detriment,
including, but not limited to, restrictions on sound level, sound duration and operating
hours.
C. Appeals.
1. Construction-Related Exception. Any person aggrieved by or
dissatisfied with the Planning Director's decision on an application for a Construction-
Related Exception may appeal from such action by filing an appeal according to the
procedures set forth in Section 17.03.090 of the Temecula Municipal Code.
2. Temporary Use Permit. Any person aggrieved by or dissatisfied
with the Planning Director's decision on an application for a Temporary Use Permit may
appeal from such action within 15 calendar days of the action by filing an appeal
according to the procedures set forth in Section 17.03.090 of the Temecula Municipal
Code.
9.20.080
Enforcement.
A. The City Manager and his or her designee, including but not limited to
police officers, code enforcement officers, park rangers or other enforcement officials
shall have the authority to enforce the provisions of this Chapter.
B. Any person who violates any provision of this Chapter is guilty of a
misdemeanor, and upon conviction shall be punished as set forth in Chapter 1.20 of the
Temecula Municipal Code.
C. Any person who violates any provision of this Chapter shall be subject to
the enforcement remedies of Chapters 1.21 and 1.24 of the Temecula Municipal Code.
D. Nothing in this Chapter shall be intended to limit any of the civil or criminal
remedies available to the City, nor shall it be intended to limit the City from engaging in
efforts to obtain voluntary compliance by means of warnings, notices, administrative
citations or educational programs.
9.20.090 Duty to Cooperate. No person shall refuse to cooperate with, or
obstruct, the enforcement officials identified in Section 9.20.080 of this Chapter when
they are engaged in the process of enforcing the provisions of this Chapter. This duty
to cooperate may require a person to extinguish a sound source so that it can be
determined whether sound emanating from the source violates the provisions of this
Chapter.
Section 2. PRIOR ORDINANCE. The provIsions of Chapter 9.20 shall
supersede the provisions of any ordinances in conflict therewith adopted by reference in
Chapter 1.08 of the Temecula Municipal Code.
Section 3. SEVERABILITY. If any portion, provision, section, paragraph,
sentence, or word of this Ordinance is rendered or declared to be invalid by any final
court action in a court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining portions, provisions, sections, paragraphs, sentences, and
words of this Ordinance shall remain in full force and effect and shall be interpreted by
the court so as to give effect to such remaining portions of the Ordinance.
Section 4. EFFECTIVE DATE. This ordinance shall take effect 30 days after
its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of , 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the day of , 2007,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of , 2007, by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
il
'\.
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
ORIGINAL
TO: Planning Co.mmission
FROM: Emery J. Papp, AICP, Senior Planner
DATE: September 5,2007
SUBJECT: Proposed Noise Ordinance adding Chapter 9.2 to Title 17 of the
Temecula Municipal Code
BACKGROUND
On April 12, 2005, the Temecula City Council adopted a comprehensive update of the
Temecula General Plan. The General Plan includes a Noise Element which contains
goals and policies aimed at reducing the impacts of ambient noise in the built
environment. These goals and policies minimize noise impacts by setting maximum
acceptable noise levels and requiring the community to maintain acceptable noise
standards. However, the City has not adopted a nuisance Noise Ordinance, making it
difficult for enforcement officials to cite individuals who create or contribute to nuisance
noises.
The number of nuisance noise complaints received by the City Council has grown each
year. Furthermore, the City Council has received reports of threats and vandalism
against citizens who have asked their neighbors to keep the noise down or have
reported them to enforcement officials. These concerns prompted the City Council to
direct staff to prepare a new Noise Ordinance that specifically addresses nuisance
noises and enforcement. The City Council appointed a Noise Subcommittee consisting
of Mayor Chuck Washington and Council Member Maryann Edwards to work with
Planning, Code Enforcement and Police staff in the preparation of a new Noise
Ordinance. The Noise Subcommittee met on January 24, 2007, April 3, 2007, and May
16,2007.
The proposed Noise Ordinance was presented to the Planning Commission on June 6,
2007. The Planning Commission had several concerns with the proposed Noise
Ordinance, including:
. Whether or not there was a demonstrated need for a new Noise Ordinance
. Inadequate backgroynd on City Council Subcommittee involvement and, in
particular, the discussions with Police and Code Enforcement staff
. The terms "unreasonable" and "loud and raucous" were not well defined leaving
room for interpretation by enforcement officials
. Enforcement of certain provisions too time consuming and unrealistic, e.g.
waiting 30 to 60 minutes to view animal behavior
. Whether or not government agencies should be exempt from these provisions
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. Exceptions from Noise Ordinance provisions should be better defined
. Provisions of Ordinance should be compared to other cities
. The process did not involve the Planning Commission
In addition to the comments made by the Planning Commission, members of the public
spoke against the provisions of the Ordinance citing:
. The need for a time of day exception to play and practice live music, similar to
construction hours
. That a Noise Control Ordinance already exists
The Planning Commission unanimously voted to continue the public hearing, directed
staff to address the above concerns, and requested involvement in future discussions
with the City Council Subcommittee.
Staff worked with the City Attorney to revise the proposed Noise Ordinance and a City
Council Subcommittee meeting was held on July 24,2007. This meeting also included a
Planning Commission Noise Subcommittee consisting of Chairman Dennis Chiniaeff and
Commissioner Ron Guerriero. The meeting was noticed as a Public Meeting. While a
general consensus was reached regarding the need to adopt a new Noise Ordinance,
additional issues brought up by members of the public who attended the meeting as still
needing to be addressed included:
. Inequities relating to governmental exemptions for civic events
. Impact is greater on small lot development than larger lot development
. Impact to band and individual practice of music
. Violations constitute a misdemeanor
Once again, staff worked with the City Attorney to revise the draft Noise Ordinance to
address these concerns. On August 1, 2007, staff met with the Planning Commission
Noise Subcommittee, Temecula PD and Code Enforcement to go over the proposed
revisions. Some additional feedback was received and has been included in the draft
Noise Ordinance. The following changes have been made to the draft Noise Ordinance
since the June 6, 2007 Planning Commission hearing:
. Section 9.20.020 B. A new definition for the term "Audible" has been added
. Section 9.20.020 J. A new definition for the term "Power Tools or Equipment"
has been added
. Section 9.20.020 K. The definition for the term "Public Property" has been
revised to include parking lots
. Section 9.20.020 N. The definition for the term "Sound Amplifying Equipment"
has been revised to include any musical instrument amplified by an electrical
device
. Section 9.20.030 Exemptions. City sponsored events on public or private
property have been removed from the list of exemptions
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. Section 9.20.060 A. Power Tools and Equipment. This section has been revised
to be more concise and remove the distance requirement
. Section 9.20.060 B. Audio Equipment. This section has been revised to be
more concise and remove the distance requirement
. Section 9.20.060 C.2. The definition for the term "loud and raucous" has been
revised to be more clear and concise
. Section 9.20.060 C.2. The definition for the term "unreasonable" has been
expanded to be clearer
Issues Considered but not Included in the draft Noise Ordinance
1. Deleting sections of the proposed Noise Ordinance (e.g. Keeping of Noisy
Animals) because of perceived enforcement concerns was rejected because
protecting citizens' rights to the quiet enjoyment of their property is deemed more
important than impacts on enforcement officials.
2. The need for a time of day exception to play and practice live music was rejected
because under the proposed standard, there is no time restriction provided the
noise levels are within the levels identified in Table N-1 or Table N-2. A time of
day standard would be more restrictive.
3. Impact is greater on small lot development than larger lot development. This
concept was abandoned because under the current General Plan, noise traveling
across property lines must be within certain limits, regardless of lot size.
4. Adoption of the draft Noise Ordinance will significantly impact band and individual
ability to practice music. This concept was abandoned because under the
proposed provisions live music may continue to be played at any hour of day or
night. However, the volume of the music must be insulated, otherwise contained,
or be within the decibel limits identified in Table N-1, Table N-2 at all times.
5. Violations of the proposed Noise Ordinance will constitute a misdemeanor. This
is true. However, as identified in Section 9.20.080 D., nothing in the draft Noise
Ordinance will prevent the City from engaging in efforts to obtain voluntary
compliance. This provision is consistent with all other similar City Ordinances.
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was originally published in the Californian on May 26, 2007.
A second Notice of Public Hearing was published on August 25, 2007 for this Agenda
Item.
ENVIRONMENTAL DETERMINATION
Staff has determined that Ordinance No. 07- (Ordinance Regulating Noise) is
exempt from the requirements of the California Environmental Quality Act ("CEQA")
pursuant to Title 14 of the California Code of Regulations, Section 15061 (b)(3) because
it can be seen with certainty that there is no possibility that the Ordinance will have a
significant effect on the environment. The Ordinance will have no adverse
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environmental affects because it will reduce the public's exposure to loud ambient noise
levels and nuisance noise.
RECOMMENDATION
Staff recommends that the Planning Commission adopt a Resolution recommending that
the City Council approve an Amendment to Title 17 of the Temecula Municipal Code,
adding Chapter 9.2 and establishing Citywide standards for regulating noise.
ATTACHMENTS
1. PC Resolution No. 07-_ (Noise Ordinance) - Blue Page 5
Exhibit A - Proposed CC Ordinance No. 07-
2. June 6, 2007 Planning Commission Minutes - Blue Page 6
3. June 6, 2007 Planning Commission Staff Report - Blue Page 7
4. Public Correspondence - Blue Page 8
5. Notice of Public Hearing - Blue Page 9
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ATTACHMENT 1
PC RESOLUTION 07-_
G:IPlanning\2007IPA07.0157 Noise OrdinancelPlanninglPC STAFF REPORT 09.05.07.doc
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PC RESOLUTION NO. 07-
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 ADDING CHAPTER 9.20 TO THE TEMECULA
MUNICIPAL CODE ESTABLISHING CITYWIDE
STANDARDS FOR REGULATING NOISE (PLANNING
APPLICATION NO. PA07-0157)"
Section 1. Procedural Findinas. The Planning Cornrnission of the City of
Ternecula does hereby find, deterrnine and declare that:
A. On June 6, 2007 the Planning Cornrnission identified a need to arnend the
adopted Municipal Code to add a new Chapter to the Ternecula Municipal Code
regarding the regulation of noise (Planning Application No. PA07-0157).
B. The Ordinance was processed including, but not Iirnited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on June 6, 2007, 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.
D. At the conclusion of the June 6, 2007 Planning Commission hearing and
after due consideration of the testimony, the Commission recommended a continuance
of the item for staff to address issues brought forth during the hearing.
E. The Planning Commission, at a regular meeting, considered the
Application and environmental review on September 5, 2007, 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.
F. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended that the City Council approve Planning
Application No. PA07-0157 subject.to and based upon the findings set forth hereunder.
G. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findinas. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
A. The proposed Ordinance is in conformance with the General Plan for
Temecula and with all applicable requirements of State law and other ordinance of the
City;
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The proposed Noise Ordinance conforms to the City of Temecula General Plan
in that the criteria for establishing reasonable noise levels is identified in the City
of Temecula General Plan Noise Element. Furthermore, the proposed Noise
Ordinance directly responds to Goal 2, Policy 2.1 of the General Plan Noise
Element and Goal 3, Policy 3. 1 of the General Plan Noise Element.
B. The proposed Ordinance is consistent with the Municipal Code and
Development Code for the City of Temecula;
The proposed Noise Ordinance has been designed to be internally consistent
with the Municipal Code and the Development Code in terms of referencing key
components of the City's currently adopted Noise Control Ordinance, which
applies to construction related noise, and enforcement issues.
Section 3. Environmental Comoliance. In accordance with the California
Environmental Quality Act, the proposed Ordinance No. 07-_ (Ordinance Regulating
Noise) is exempt from the requirements of the California Environmental Quality Act
("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)
(3) because it can be seen with certainty that there is no possibility that the Ordinance
will have a significant effect on the environment. The Ordinance will have no adverse
environmental affects because it will reduce the public's exposure to the harmful effects
of loud ambient noise levels and nuisance noise. The Planning Commission, therefore,
recommends that the City Council of the City of Temecula adopt a Notice of Exemption
for the proposed ordinance.
Section 4. Recommendation. The Planning Commission of the City of
Temecula recommends that the City Council approve Planning Application No. PA07-
0157, a proposed Citywide Noise as set forth on Exhibit A, attached hereto, and
incorporated herein by this reference.
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Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 5th day of September, 2007.
Dennis Chiniaeff, 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 the forgoing PC Resolution No. 07-_ was duly and regularly adopted by the
Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th
day of September 2007, by the following vote:
AYES:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
ABSENT:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
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EXHIBIT A
PROPOSED CC ORDINANCE 07-_
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADDING CHAPTER 9.20 TO THE
TEMECULA MUNICIPAL CODE ESTABLISHING
CITYWIDE STANDARDS FOR REGULATING NOISE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 9.20 is hereby added to the Temecula Municipal
Code to read as follows:
"CHAPTER 9.20 NOISE
9.20.010 Intent. At certain levels, sound becomes noise and may jeopardize
the health, safety or general welfare of City residents and degrade their quality of life.
This Chapter is intended to establish citywide standards to regulate noise. This Chapter
is not intended to establish thresholds of significance for the purpose of any analysis
required by the California Environmental Quality Act. No such thresholds are hereby
established.
9.20.020 Definitions. Whenever used in this Chapter, the following terms
shall have the following meanings:
A. Animal" means any bird, cat, dog, goat, horse, burro or donkey.
B. "Audible" means capable of being heard by a person without the use or
aid of an amplified hearing device.
C. "Audio equipment" means a television, stereo, radio, tape player, compact
disc player, MP3 player, i-Pod or other similar device.
D. "City Manager" means the City Manager or his or her designee.
E. "Decibel" means a unit (dB) for measuring the relative amplitude of a
sound equal approximately to the smallest difference normally detectable by the human
ear, the range of which includes approximately one hundred thirty (130) decibels on a
scale beginning with zero decibels for the faintest detectable sound. Decibels are
measured with a sound level meter using different methodologies as defined below:
1. A-weighting (dBA) means the standard A-weighted frequency
response of a sound level meter, which de-emphasizes low and high frequencies of
sound in a manner similar to the human ear for moderate sounds.
2. Community Noise Equivalent Level (CNEL) means a 24-hour
energy equivalent level derived from a variety of single-noise events, with weighting
factors of 5 and 10 dBA applied to the evening (7:00 p.m. to 10:00 p.m.) and nighttime
(10 PM to 7 AM) periods, respectively, to allow for the greater sensitivity to noise during
these hours.
3. Ldn means Day-Night Average Sound Level. The A-weighted
average sound level for a given area (measured in decibels) during a 24-hour period
with a 10 dB weighting applied to night-time sound levels. The Ldn is approximately
numerically equal to the CNEL for most environmental settings.
4. Maximum Sound level (Lmax) means the maximum sound level
measured on a sound level meter.
F. "Governmental agency" means the United States, the State of California,
the County of Riverside, the City of Temecula, or any combination of these agencies.
G. "Motor vehicle" means a vehicle that is self-propelled.
H. "Noise" means any loud, discordant, raucous or disagreeable sound.
I. "Occupied property" means any property upon which is located a
residence, business or industrial or manufacturing use.
J. "Power tools or equipment" means any mechanical, electrical or
pneumatic device used to perform or facilitate manual or mechanical work.
K. "Public Property" means property owned by a governmental agency or
held open to the public, including, but not limited to, parks, streets, sidewalks, parking
lots and alleys.
L. "Public or Private School" means an institution conducting academic
instruction at the preschool, elementary school, junior high school, high school, or
college level.
M. "Sensitive Receptor" means a land. use that is identified as sensitive to
noise in the Noise Element of the Riverside County General Plan and the Noise
Element of the Temecula General Plan, including, but not limited to, residences,
schools, hospitals, churches, rest homes, cemeteries or public libraries.
N. "Sound Amplifying Equipment" means a loudspeaker, microphone,
megaphone, stereo equipment, portable radio, boom box, any musical instrument
amplified by an electrical device, or other similar device.
O. "Sound Level Meter" means an instrument meeting the standards of the
American National Standards Institute for Type 1 or Type 2 sound level meters or an
instrument that provides equivalent data.
2
9.20.030 Exemptions. Sound emanating from the following sources is
exempt from the provisions of this Chapter:
A. Facilities owned or operated by or for a governmental agency.
B. Capital improvement projects of a governmental agency.
C. The maintenance or repair of public properties.
D. Public safety personnel in the course of executing their official duties,
including, but not limited to, sworn peace officers, emergency personnel and public
utility personnel. This exemption includes, without limitation, sound emanating from all
equipment used by such personnel, whether stationary or mobile.
E. Public or private schools and school-sponsored activities.
F. Property maintenance, including, but not limited to, the operation of
lawnmowers, leaf blowers, etc., provided such maintenance occurs between the hours
of 7:00 a.m. and 8:00 p.m.
G. Motor vehicles, other than off-highway vehicles. This exemption does not
include sound emanating from motor vehicle sound systems.
H. Heating and air conditioning equipment.
I. Safety, warning and alarm devices, including, but not limited to, house and
car alarms, and other warning devices that are designed to protect the public health,
safety, and welfare.
J. The discharge of firearms consistent with all State laws.
9.20.040 General Sound Level Standards. No person shall create any
sound, or allow the creation of any sound, on any property that causes the exterior
sound level on any other occupied property to exceed the sound level standards set
forth in Tables N-1 and N-2.
3
TABLE N-l
TEMECULA LAND USElNOISESTANDARDS
Property Receiving Noise
Type of Use
Residential
Commercial and Office
Light Industrial
Public/Institutional
Open Space
. Land Use Designation
Hillside
Rural
Very Low
Low
Low Medium
I Medium
I High
Neighborhood
Community
Highway Tourist
Service
I Professional Office
Industrial Park
Schools
I All others
I Vineyards/Agriculture
I Open Space
Maximum Noise Level
(Ldn or CNEL, dBA)
Interior
Exterior'
45
65
45
45
65 / 701
701
70
50
55
50
50
70
75
65
70
70
70 /652
1 Maximum exterior noise levels up to 70 dB CNEL are allowed for Multiple-Family Housing.
2 Where quiet is a basis required for the land use.
3 Regarding aircraft. related noise, the maximum acceptable exposure for new residential
development is 60 dB CNEL.
4
55 60
~~~......
I I
~ W///////A
I
I
Schools, Libraries, Churches, I~I~I i i i i i i i i::: :::::::::::::: I I
Hospitals,NursingHomes I ...T........... ~~
1'lllllllddlJ tmlli.... .11........... !F.........
H-t-tt-H-. . . . . r " . . ,,-1+: " r" . . . . .. . : :
~~~~
ll~I~~~ ~~.~
Golf Course, Riding Stables, ~
Water Recreation, Cemeteries I . I _
Office Buildings, Business ~~~ r-
Corrunercial, and Professional I I I r. : . . : . .+H-J . . +Hi. . I
Industrial, Manufacturing, ~~~~ ~'
11.1. II :IIIIIIII~........~,
Utilities, Agriculture 1- ~~
Source: Modified from 1998 State of California General Plan Guidelines.
1. Regarding aircraft-related noise, the maximum acceptable exposure for new residential development is 60dB CNEL.
2. No_ normally acceptable condition is defined for these uses. Noise studies are required prior to approval.
Land Use
Residential!
Transient Lodging ~ Mote~
Hotel
Auditoriums, Concert Halls,
Amphitheaters'
Sports Arena, Outdoor
Spectator Sports'
Playgrounds, Parks
TABLE N-2
NolSElLAND USE COMPATIBILITY MATR.IX
Community Noise Exposure
(Ldn or CNEL)
65 70
..I.::::::::~ I
Ii
................... ...... I
+.. ......
75
80
........................
.........................
........................
.........................
......................
~
~ Normally Acceptable: Specified land use is satisfactory, based upon the asswnption that. any buildings involved
~. meet conventional Title 24 construction standards. No special noise insulation requirements.
~ Conditionally Acceptable: New construction or development shall be undertaken only after a detailed noise
Il:I:a:tI;W analysis is made and noise reduction measures are identified and included in the project design.
~ N onnally Unacceptable: N. ew construction or development is discouraged. If new construction is proposed, a
~ detailed analysis is required, noise reduction measures must be identified, and noise
insulation features included in the design.
. Clearly Unacceptable: New construction or development clearly should not be undertaken.
5
9.20.050 Sound Level Measurement Methodology. The actual location of
a sound level measurement shall be at the discretion of the enforcement officials
identified in Section 9.20.080 of this Chapter. Sound level measurements shall be
made with a sound level meter. Immediately before a measurement is made, the sound
level meter shall be calibrated utilizing an acoustical calibrator meeting the standards of
the American National Standards Institute. Following a sound level measurement, the
calibration of the sound level meter shall be re-verified. Sound level meters and
calibration equipment shall be certified annually.
9.20.060 Special Sound Sources Standards. The general sound level
standards set forth in Section 9.20.040 of this Chapter apply to sound emanating from
all sources, including the following special sound sources, and the person creating or
allowing the creation of the sound is subject to the requirements of that section. The
following special sound sources are also subject to the following additional standards.
Failure to comply will constitute separate violations of this ordinance.
A. Power Tools and Equipment. No person shall operate any power tools or
equipment between the hours of 10:00 p.m. and 7:00 a.m. such that the power tools or
equipment are audible to a person located inside an occupied building.
B. Audio Equipment. No person shall operate any audio equipment as
described in 9.20.020(B), whether portable or not, between the hours of 10:00 p.m. and
7:00 a.m. such that the equipment is audible to a person located inside an occupied
building.
C. Sound Amplifying Equipment or Live Music.
1. It is unlawful for any person to cause, allow or permit the emission
or transmission of any loud and raucous noise from any sound-making, sound-
amplifying device or live music under his control or in his possession:
a. Upon any private property;
b. Upon any public street, alley, sidewalk or thoroughfare; or
c. In or upon any public park or other public place or property.
2. The words "loud and raucous noise," as used in this section, shall
mean any sound having such intensity or carrying power as to unreasonably interfere
with the peace and quiet of other persons, or as to unreasonably annoy, disturb, impair
or endanger the comfort, repose, health or safety of other persons.
3. The determination of whether a sound is "unreasonable," as used
in paragraph 2 of subsection C of this section, shall involve the consideration of the
level of noise, duration of noise, constancy or intermittency of noise, time of day or
night, place, proximity to sensitive receptors, nature and circumstances of the emission
or transmission of any such loud and raucous noise.
6
D. Construction. No person shall engage in or conduct construction activity,
when the construction site is within one-quarter mile of an occupied residence, between
the hours of 6:30 p.m. and 6:30 a.m., Monday through Friday, and shall only engage in
or conduct construction activity between the hours of 7:00 a.m. and 6:30 p.m. on
Saturday. Further, no construction activity shall be undertaken on Sunday and
nationally recognized holidays. Public works projects of any federal, state or local entity
or emergency work by public utilities are exempt from the provisions of this subsection
D. Residents working on their homes or property are exempt from the prohibition of
construction activities on Sundays and holidays but must comply with the hourly
restrictions set forth for Saturday when working on Sundays and holidays. The city
council may, by formal action, exempt projects from the provisions of this chapter.
E. Barking Dogs and Keeping of Noisy Animals.
1. Noisy Animal means any animal that barks, bays, cries, whines,
howls, screeches or makes any noise for an extended period of time whether day or
night, regardless of whether the animal is physically situated in or upon private property.
Such extended period of time shall consist of the above described incessant noise for
thirty (30) minutes or more in any twenty-four-hour period, or intermittent noise for sixty
(60) minutes or more during any twenty-four-hour period. An animal shall not be
deemed a "nuisance animal" for purposes of this article if, at any time the animal is
making noise due to a person or other animal that is trespassing or threatening to
trespass upon private property in or upon which the animal is situated, or when the
animal is being teased or provoked.
2. Evidence of said "incessant noise" shall be made by direct
observation of an enforcement official present on site responding to a complaint from a
neighbor, or a complaint form may be signed by a minimum of two neighboring property
owners and submitted to an enforcement official.
3. Nothing in this chapter shall establish standards for private civil
claims, in either civil court or small claims court, nor shall this chapter preclude any
person from pursuing a private civil action in either civil or small claims court.
9.20.070 Exceptions. Exceptions may be requested from the standards set
forth in Sections 9.20.040 (General Sound Standards) or 9.20.060 (Special Sound
Sources Standards) of this Chapter and may be characterized as construction-related or
single event exceptions.
A. Application and Processing.
1. Construction-Related Exceptions. An application for a Construction
Related Exception shall be made on a Minor Exception form provided by the Building
and Safety Department and shall be accompanied by the appropriate filing fee. No
public hearing is required.
7
2. Temporary Use Permit. An application for a Single Event
Exception shall be made using the Temporary Use Permit application provided by the
Planning Department and shall be accompanied by the appropriate filing fee. No public
hearing is required.
B. Requirements for Approval. The Director of Planning or his or her
designee shall not approve a Minor Exception Application or Temporary Use Permit
unless the applicant demonstrates that the activities described in the application would
not be detrimental to the health, safety or general welfare of the community. In
determining whether activities are detrimental to the health, safety or general welfare of
the community, the Director of Planning or his or her designee shall consider such
factors as the proposed duration of the activities and their location in relation to
sensitive receptors. If a Minor Exception Application or a Temporary Use Permit is
approved, reasonable conditions may be imposed to minimize the public detriment,
including, but not limited to, restrictions on sound level, sound duration and operating
hours.
C. Appeals.
1. Construction-Related Exception. Any person aggrieved by or
dissatisfied with the Planning Director's decision on an application for a Construction-
Related Exception may appeal from such action by filing an appeal according to the
procedures setforth in Section 17.03.090 of the Temecula Municipal Code.
2. Temporary Use Permit. Any person aggrieved by or dissatisfied
with the Planning Director's decision on an application for a Temporary Use Permit may
appeal from such action within fifteen (15) calendar days of the action by filing an
appeal according to the procedures set forth in Section 17.03.090 of the Temecula
Municipal Code.
9.20.080
Enforcement.
A. The City Manager and his or her designee, including but not limited to
police officers, code enforcement officers, park rangers or other enforcement officials
shall have the authority to enforce the provisions of this Chapter.
B. Any person who violates any provision of this Chapter is guilty of a
misdemeanor, and upon conviction shall be punished as set forth in Chapter 1.20 of the
Temecula Municipal Code.
C. Any person who violates any provision of this Chapter shall be subject to
the enforcement remedies of Chapters 1.21 and 1.24 of the Temecula Municipal Code.
D. Nothing in this Chapter shall be intended to limit any of the civil or criminal
remedies available to the City, nor shall it be intended to limit the City from engaging in
8
efforts to obtain voluntary compliance by means of warnings, notices, administrative
citations or educational programs.
9.20.090 Duty to Cooperate. No person shall refuse to cooperate with, or
obstruct, the enforcement officials identified in Section 9.20.080 of this Chapter when
they are engaged in the process of enforcing the provisions of this Chapter. This duty
to cooperate may require a person to extinguish a sound source so that it can be
determined whether sound emanating from the source violates the provisions of this
Chapter.
SECTION 2. PRIOR ORDINANCE. The provisions of Chapter 9.20 shall
supersede the provisions of any ordinances in conflict therewith adopted by reference in
Chapter 1.08 of the Temecula Municipal Code.
SECTION 3. SEVERABILITY. If any portion, provision, section,
paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by
any final court action in a court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining portions, provisions, sections, paragraphs, sentences, and
words of this Ordinance shall remain in full force and effect and shall be interpreted by
the court so as to give effect to such remaining portions of the Ordinance.
SECTION 4. EFFECTIVE DATE. This ordinance shall take effect thirty
(30) days after its adoption.
9
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of , 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECWLA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the day of ,2007,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of ,2007, by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
10
ATTACHMENT NO.2
JUNE 6, 2007 PLANNING COMMISSION MINUTES
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6
MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
PLANNING COMMISSION
JUNE 6, 2007
CALL TO ORDER
The City of Temecula Planning Commission convened in a regular meeting at 6:00 p.m., on
Wednesday, June 6, 2007, in the City Council Chambers of Temecula City Hall, 43200
Business Park Drive, Temecula, California.
ALLEGIANCE
Chairman Chiniaeff led the audience in the Flag salute.
ROLL CALL
Present:
Commissioners: Carey, Guerriero, Harter, Telesio, and Chairman Chiniaeff.
Absent:
None.
PUBLIC COMMENTS
No comments.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the Minutes of May 16, 2007.
MOTION: Commissioner Guerriero moved to approve the Consent Calendar. Commissioner
Harter seconded the motion and voice vote reflected unanimous aDDroval.
PUBLIC HEARING ITEMS
2 Plannina Aoolication No. PA06-0026. a Conditional Use Permit. submitted by Randi Newton
reoresentinq Soectrum Surveving. to construct a 70-foot tall T-Mobile wireless
telecommunication facilitv desiqned as a broad leaf tree within a 676 SQuare foot enclosure,
located at 42010 Moraaa Road. adiacent to the northwest corner of Rancho California and
Moraaa Roads
By way of PowerPoint presentation, Associate Planner Damko highlighted on the following:
o Location
o Elevations
RIMinulesPCI060607
o Coverage
o Environmental Determination.
Associate Planner Damko requested that Condition of Approval No. 15 be deleted and that a
Public Works Condition be added imposing that a encroachment permit be required for the
project; and advised that the applicant would be in agreement of both the deletion of No. 15 and
the added Public Works Condition of Approval.
At this time, the public hearing was opened.
Ms. Randi Newton, representing Spectrum Surveying, noted that she would be available for any
questions.
At this time, the public hearing was closed.
MOTION: Commissioner Guerriero moved to approve staff recommendation subject to the
deletion of Condition of Approval No. 15 and the added Public Works Encroachment Permit
Condition. Commissioner Telesio seconded the motion and voice vote reflected unanimous
accroval.
PC RESOLUTION NO. 07-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA06-0026, A CONDITIONAL USE PERMIT TO
CONSTRUCT A 70 FOOT TALL WIRELESS
TELECOMMUNICATION FACILITY WITHIN A 676 SQUARE
FOOT ENCLOSURE TO BE LOCATED AT ORCHARD
CHRISTIAN FELLOWSHIP CHURCH AT 42010 MORAGA
ROAD ADJACENT TO THE NORTH WEST CORN~R OF
RANCHO CALIFORNIA AND MORAGA ROADS (APN: 921-310-
004)
3 Plannina A[)clication Nos. PA06-0187 and PA07-0049. a Develocment Plan. submitted bv
Walt Allen Architects. to reolace an existin,o cluster of modular buildinos with a three-sto.rv.
14"093 sauare foot commercial office buildina and a 7.369 sauare foot underqround c.arkina
lltructure an a 0.53 acre site. and a Minar Exceotion to allow for a 15 oercent buildina heiaht
increase. located at 27423 Ynez Road
Associate Planner Schuma provided a PowerPoint presentation, focusing on the following:
o Project Description
o Site Plan
o Elevations
o Architecture - South and East
o Landscaping
o Exceptional Architecture Design - for increased FAR
o Underground Parking
R:\MinutesPC\060607
2
Staff requested the deletion of Condition of Approval 93b replacing with the standard condition
of Mt. Palomar Ordinance in its replacement; amend Condition of Approval 79a to improve the
sidewalk from the southerly boundary of Parcel 2 to the northerly boundary of Parcel 1 ; and that
a condition be added to require that the amendment to the Tower Plaza sign program be
reviewed and approved by the Planning Commission.
Associate Planner Schuma noted the following:
o That the aluminum accents on the proposed project would provide lighting opportunities
and energy efficiency
o That the bright accent (orange/red) tone would conform to the modern architecture of the
building
o That the target Floor Area Ratio (FAR) would be 30 percent and that the project would
propose a net Floor Area Ratio (FAR) of 61 percent.
At this time, the public hearing was opened.
Mr. Walt Allen, representing Walt Allen Architect, noted the following:
o That the applicant worked diligently to add as much as he could on the proposed site,
noting that the proposed project would be an exemplary example of where architecture
is headed; and that the proposed building would be setting a standard of redevelopment
for the center
o That the applicant would be in agreement of the amendment to Condition of Approval
No. 79a as stated above by staff.
At this time, the public hearing was closed.
Commissioner Carey noted that although he would be in favor of the proposed project, he would
not be desirous of the red/orange accent on the building.
Echoing Commissioner Carey's comments, Commissioner Harter relayed his enthusiasm with
the outstanding architecture of the project but would not be in favor of the red/orange accent on
the building and would request that the redlorange color be toned down.
Appreciating the implementation of the Leadership in Energy and Environmental Design
(LEED), impervious concrete and outstanding architecture, Commissioner Guerriero relayed
that he would not have an opinion one way or the other regarding the redlorange accent.
Noting that he would be in favor of the proposed project, Commissioner Telesio stated that he,
as well, would not be in favor of the red/orange accents on the building.
Having raised the issue of increased FAR at previOUS Planning Commission meetings,
Commissioner Chiniaeff relayed that it would be his opinion that the Planning Commission has
not yet approved an FAR that would meet the desired goal of 30 percent in the last couple of
years; that the Planning Commission would need to have a specific standards that an applicant
would need in order to receive an increase in FAR.
R:\MinulesPC1060607
3
Commissioner Chiniaeff also relayed that if the Planning Commission approves staff's
recommendation, it would be important to ensure that the remainder of the center conform to
the same type of architecture and design of the proposed project. Commissioner Chiniaeff also
stated that he would be in favor of the proposed project and would not have a concern with the
red/orange accents.
Echoing Commissioner Chiniaeffs comment with regard to requiring that the center conform to
the design and architecture of the proposed project, Assistant City Manager Johnson relayed
that if the project is approved, standards could be implemented to ensure that continuity is met.
Commissioner Telesio agreed that guidelines for increased Floor Area Ratio (FAR) would be
desired and helpful not only for the Planning Commission but for staff.
For the Planning Commission, Assistant City Manager Johnson relayed that a workshop could
be scheduled pertaining to requests for increased Floor Area Ratio and requirements that would
need to be met.
Concurring that a workshop would be needed, Commissioner Guerriero stated that the City's
Design Guidelines require that applicants provide Green or other forms of energy but that this
has not been enforced by staff or the Planning Commission.
Assistant City Manager Johnson relayed that specific standards could be created by the
Planning Commission and staff.
Chairman Chiniaeff noted that the price of leaseable land would be high enough to warrant the
construction of underground parking and parking structures.
For the Planning Commission, Assistant City Attorney Curley relayed that that one vote
pertaining to the project be required.
For clarification purposes, the public hearing was reopened.
Mr. Walt Allen relayed that he would be willing to tone down the redlorange accent color to a
terra cotta color.
At this time, the public hearing was closed.
MOTION: Commissioner Guerriero moved to approve staff recommendation subject to the
amended Conditions of Approval as requested by staff; and that the red/orange accents be
toned down to a terra cotta color. Commissioner Harter seconded the motion and voice vote
reflected unanimous aooroval.
R:\MinutesPC\060607
4
PC RESOLUTION NO. 07-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NOS. PA06-0187 AND PA07-004, A DEVELOPMENT PLAN TO
REPLACE AN EXISTING CLUSTER OF MODULAR BUILDINGS
WITH A FOUR-STORY, 26,941 SQUARE-FOOT COMMERCIAL
OFFICE BUILDING ON 0.53 ACRES LOCATED AT 27423 YNEZ
ROAD, AND A MINOR EXCEPTION TO ALLOW FOR A 15
PERCENT BUILDING HEIGHT INCREASE
4 Plannino Apolication No. PA01-0157. a Resolution of the Plan nino Commission
recommendino that the Citv Council adoot an Ordinance adding chaqter 9.20 to the
Temecula Municioal Code establishino Citvwide standards for reoulatino noise
By way of PowerPoint Presentation, Senior Planner Papp highlighted on the following:
o Background
o Power Tools and Equipment
o Audio Equipment
o Sound Amplifying Equipment or Live Music
o Construction
o Barking Dogs and Keeping of Noisy Animals
o Enforcement
o Public Comments
o Environmental Determination.
In response to the questions by the Planning Commission, Senior Planner Papp relayed the
following:
o That the hours of operation for construction could be changed in the Ordinance to 6:30
p.m. to 7:00 p.m.
o That any City sponsored event or co-sponsored event would be requesting a Temporary
Use Permit (TUP); and therefore, would be exempt.
Commissioner Guerriero expressed concern with creating Noise Ordinances and regulations for
enforcement when State Law would already be in place to cover these types of issues and/or
concerns.
Director of Planning Ubnoske advised that representatives from the Police Department had sat
in on all meetings regarding the proposed Ordinances and would be comfortable with the
proposed Ordinance as written.
Further clarifying, Assistant City Attorney Curley relayed that the courts have approved local
agencies adopting Noise Ordinances, and that the Ordinance would be furthering tools rather
than duplicative.
Commissioner Telesio expressed concem with the ability to carry out enforcement beyond what
State Code would allow.
R:\MinutesPC\060607
5
Assistant City Manager Johnson noted that the proposed Ordinance would be modeled after the
County's Ordinance.
Commissioner Guerriero expressed concern with information being discussed between staff and
police that is not being included in staff's report; and that the Commission would have difficulty
making decisions without the proper information.
In response to Commissioner Carey's query, Senior Planner Papp relayed that Audio
Equipment and Sound Amplifying Equipment or Live Music hours would be from the 10:00 p.m.
to 8:00 a.m. and/or anytime if determined unreasonable; and that it would be his understanding
that events in Old Town would require a Temporary Use Permit (TUP).
Commissioner Carey relayed that it would be his opinion that the proposed Ordinance will be
difficult to enforce.
Relaying that he would be in favor of the proposed Noise Ordinance, Commissioner Harter
expressed concern with the following:
o That two different Code Enforcement Officers could have two different standards of the
meaning "Loud and Raucous'
o That the language in the proposed Noise Ordinance would need to be more concise
o That it would not be reasonable for a Code Enforcement Officer to sit 30 to 60 minutes
to determine whether or not an animal is making incessant noise.
In response to Commissioner Harter, Senior Planner Papp relayed that his concerns were
discussed at City Council subcommittee meetings; and that although at times it may be
unrealistic to expect a Code Enforcement Officer to sit and observe 60 minutes or more, the
Enforcement Officer would be a signer of a complaint along with the complainant.
Relaying his amazement with this item coming before the Commission at this time, Chairman
Chiniaeff stated the following:
o Queried if all the stakeholders were involved in the subcommittee meetings
o That he would have a concern with the inequities that would be built into the proposed
Noise Ordinance
o That there may be individuals opposed to an in fill project being built where a map would
be required
o That he would have difficulty understanding why a City sponsored event would not be
subject to a CEQA review
o That the City has adopted its own noise elements in its General Plan and queried why
would the City include the County's General Plan
o That if a homeowner is restricted to using Power Tools and Equipment during specific
hours then a Homeowners Association should be restricted to the same hours as a
homeowner
o That Section 9.20.070 - Exceptions. That this Section would be arbitrary and would be
of the opinion that standards should be set for defining what the Exceptions would be
o That the language "Peace and Quiet" under "Loud and Raucous" be defined and how
would it be applied to everyone in the same manner.
R:\Mlnut..PC\060607
6
Assistant City Attorney Curley advised that there would be two sets of standards that the
Commission would be considering, noting the following:
o That Section 9.20.040 General Sound Level Standards - would be fairly consistent with
State-wide Ordinances
o That Section 9.20.060 Soecial Sound Sources Standard~ - that these would be
perceived as providing unique impacts and would need to be refined beyond the general
rules.
Chairman Chiniaeff relayed that he would request that staff compare its requests with other
communities to ensure that they would be typical and consistent with the City of Temecula's
general standards.
At this time, the public hearing was opened.
Mr. P. T. Rothschild, Murrieta, spoke against the proposed Noise Ordinance, noting that there
would currently be a Noise Ordinance in place and would not see the need for another one; and
would request that the Commission add time limits to band practices that would be consistent
with surrounding communities general standards.
Mr. Paul Bahu, Temecula, expressed his concern with the proposed Noise Ordinance.
At this time, the public hearing was closed.
Chairman Chiniaeff requested that this item be continued to allow staff an opportunity to
address concerns expressed by the Planning Commission.
MOTION: Chairman Chiniaeff moved to continue Item NO.4 to Wednesday, August 1, 2007.
Commissioner Guerriero seconded the motion and voice vote reflected unanimous aDDroval.
COMMISSIONERS' REPORTS
Commissioner Carey commented on the Home Depot on SR79 South, relaying that the
aesthetics of the parking has greatly improved.
Commissioner Telesio thanked staff for their efforts with regard to the Marie Callender's and
that the color is improved; but did relay concern with the signage/monument at Pechanga
Parkway and 79 South as well as the unappealing utility sign on the median.
In response to Commissioner Telesio's comment, Director of Planning Ubnoske relayed that
she explore his concerns.
Commissioner Telesio adjoumed the Planning Commission meeting in remembrance of
Operation Overlord, 63 years ago today.
R:\MinutesP~\Q60607
7
PLANNING DIRECTOR'S REPORT
Assistant City Manager Johnson relayed that if the Planning Commission had a desire, he could
request from Council that two Commissioners of the Planning Commission be included in the
Infrastructure Beautification Committee meetings.
For Assistant City Manager Johnson, Chairman Chiniaeff relayed that the Commission would be
in interested in partaking in the Infrastructure Beautification meetings.
ADJOURNMENT
At 7:30 pm, Chairman Chiniaeff formally adjourned to June 20. 2007 at 6:00 p.m., in the City
Council Chambers, 43200 Business Park Drive, Temecula.
~
""',
nnis Chiniaeff
Chairman
7J~r' ~~~
Debbie Ubnoske
Director of Planning
R:\MinutesPCI060607
8
ATTACHMENT NO.3
JUNE 6, 2007 PLANNING COMMISSION STAFF REPORT
G:IPlannlngI2007IPA07-0157 Noise OrdinancelPlannlnglPC STAFF REPORT 09-05-07.doc
7
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
TO: Planning Commission
FROM: Emery J. Papp, AICP, Senior Planner
DATE: June 6, 2007
SUBJECT: Proposed Noise Ordinance adding Chapter 9.2 to Title 17 of the
Temecula Municipal Code
BACKGROUND
On April 12, 2005, the Temecula City Council adopted a comprehensive update of the
Temecula General Plan. The General Plan includes a Noise Element which contains
goals and policies aimed at reducing the impacts of ambient noise in the built
environment. These goals and policies minimize noise impacts by setting maximum
acceptable noise levels and requiring the community to maintain acceptable noise
standards. However. because the City has not yet formally adopted a Noise Ordinance,
it has been difficult for enforcement officials to cite individuals who create or contribute to
nuisance noises. The proposed Noise Ordinance addresses two of the four goals
identified in the Noise Element of the General Plan and one policy for implementing each
goal as follows:
90al 2 - Minimize transfer of noise imoacts between adiacent land uses:
Policy 2.1 - Limit the maximum permitted noise levels crossing property lines
and impacting adjacent land uses; and
Goal 3 - Minimize the imoact of noise levels throuohout the communitv throuah land use
plannina;
Policy 3.1 - Enforce and maintain acceptable noise limit standards.
JUSTIFICATION
At certain levels. sound becomes noise and may jeopardize the health, safety or general
welfare of City residents and degrade their quality of life. This proposed Noise
Ordinance identifies general sound level standards. methodology for measuring sound
levels, enforcement, and exemptions.
The proposed Noise Ordinance identifies five key types of nuisance noise that can be
regulated and enforced under this Chapter of the Municipal Code. These include:
Power Tools and Eauiprnent - Power tools and equiprnent shall not be used
between the hours of 10:00 p.m. and 8:00 a.m. if they are audible to a person
within another occupied building. Similarly, power tools shall not be used at any
time if audible to a person at a distance greater than 100 feet away.
Audio Eouioment - Audio equipment shall not be used between the hours of
10:00 p.m. and 8:00 a.m. if they are audible to a person within another occupied
building. Similarly, portable or stationary audible equipment shall not be used at
any time if audible to a person at a distance greater than 100 feet away.
Sound Amolifvino Eouioment or Live Music - "Loud and raucous" noise
emanating from any sound-making device, sound-amplifying device or live music
is unlawful on public and private property. Loud and raucous means
'unreasonably" (defined in Ordinance) interfering with the peace and quiet of
other persons, or to unreasonably annoy or endanger the comfort, health or
safety of other persons.
Construction - In accordance with the City's existing Noise Control Ordinance
regarding construction noise, construction activity shall not occur between the
hours of 6:30 p.m. and 6:30 a.m. when within one-quarter mile of a residence.
No work shall commence on Sundays, with the exception of residents working on
their homes or property.
Barkinp Dops and Keeoino of Noisv Animals - The provisions of this section
make it unlawful for property owners to allow their animals to be incessantly
noisy whether the owner of the property is present or not. Unacceptable periods
of tirne are defined as incessant noise for thirty (30) minutes or more within any
twenty-four hour period, or intermittent noise for sixty (60) minutes or more within
any twenty-four hour period. Observation of the offending behavior can be
directly observed by a City enforcement official, or by a minimum of two
neighboring property owners who sign a written complaint.
Enforcement - City enforcement officials shall have the authority to issue verbal
warnings or written citations based on their own observations or in response to
citizen complaints. Any person who violates the provisions of the proposed
Noise Ordinance would be subject to punishment as set forth in Chapter 1.20
and subject to enforcement remedies as set forth in Sections 1.21 and 1.24 of
the Temecula Municipal Code.
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was published in the Californian on May 26, 2007 and
mailed to the property owners within the required 600-foot radius.
ENVIRONMENTAL DETERMINATION
Staff has determined that Ordinance No. 07-_ (Ordinance Regulating Noise) is
exempt from the requirements of the California Environmental Quality Act ("CEQA")
pursuant to Title 14 of the California Code of Regulations, Section 15061 (b )(3) because
it can be seen with certainty that there is no possibility that the Ordinance will have a
significant effect on the environment. The Ordinance will have no adverse
environmental affects because it will reduce the public's exposure to loud ambient noise
levels and nuisance noise.
RECOMMENDATION
Staff recommends that the Planning Commission adopt a Resolution recommending that
the City Council approve an Amendment to Title 17 of the Temecula Municipal Code,
adding Chapter 9.2 and establishing Citywide standards for regulating noise.
ATTACHMENTS
1. PC Resolution No. 07-_ (Noise Ordinance) - Blue Page 4
Exhibit A - Proposed CC Ordinance No. 07-
2. Notice of Public Hearing - Blue Page 5
ATTACHMENT 1
PC RESOLUTION 07-_
PC RESOLUTION NO. 07-
.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 ADDING CHAPTER 9.20 TO THE TEMECULA
MUNICIPAL CODE ESTABLISHING CITYWIDE
STANDARDS FOR REGULATING NOISE (PLANNING
APPLICATION NO. PA07-0357)"
Section 1. Procedural Findinas. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On June 6, 2007 the Planning Commission identified a need to amend the
adopted Municipal Code to add a new Chapter to the Temecula Municipal Code
regarding the regulation of noise (Planning Application No. PA07-0157).
B. The Ordinance was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on June 6, 2007, 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.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended that the City Council approve Planning
Application No. PA07-0157 subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findinas. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
A. The proposed Ordinance is in conformance with the General Plan for
Temecula and with all applicable requirements of State law and other ordinance of the
City;
The proposed Noise Ordinance conforms to the City of Temecula General Plan
in that the criteria for establishing reasonable noise levels is identified in the City
of Temecula General Plan Noise Element. Furthermore, the proposed Noise
Ordinance directly responds to Goal 2, Policy 2.1 of the General Plan Noise
Element and Goal 3, Policy 3.1 of the General Plan Noise Element.
B. The proposed Ordinance is consistent with the Municipal Code and
Development Code for the City of Temecula;
G:\Planning\2007\P A07-0 I 57 Noise Ordinance\Planning\PC RESOLUTION.doc
I
The proposed Noise Ordinance has been designed to be internally consistent
with the Municipal Code and the Development Code in terms of referencing key
components of the City's currently adopted Noise Control Ordinance, which
applies to construction related noise, and enforcement issues.
Section 3. Environmental Comoliance. In accordance with the California
Environmental Quality Act, the proposed Ordinance No. 07-_ (Ordinance Regulating
Noise) is exempt from the requirements of the California Environmental Quality Act
("CEOA") pursuant to Title 14 of the California Code of RegUlations, Section 15061(b)
(3) because it can be seen with certainty that there is no possibility that the Ordinance
will have a significant effect on the environment. The Ordinance will have no adverse
environmental affects because it will reduce the public's exposure to the harmful effects
of loud ambient noise levels and nuisance noise. The Planning Commission, therefore,
recommends that the City Council of the City of Temecula adopt a Notice of Exemption
for the proposed ordinance.
Section 4. Recommendation. The Planning Commission of the City of
Temecula recommends that the City Council approve Planning Application No. PA07-
0157, a proposed City-wide Noise as set forth on Exhibit A, attached hereto, and
incorporated herein by this reference
G:\Planning\2007\P A07-0 157 Noise Ordinance\Planning\PC RESOLUTION.doc
2
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 6th day of June, 2007.
Dennis Chiniaeff, 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 the forgoing PC Resolution No. 07-_ 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 June 2007, by the following vote:
AYES:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
ABSENT:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
G:\Planning\2007\P A07-0 157 Noise Ordinance\Planning\PC RESOLUTION,doc
3
EXHIBIT A
PROPOSED CC ORDINANCE 07-_
G:\Planning\2007\P A07-0 157 Noise Ordinance\Planning\PC RESOLUTION.doc
4
THE
FOLLOWS:
SECTION 1.
Code to read as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADDING CHAPTER 9.20 TO THE
TEMECULA MUNICIPAL CODE ESTABLISHING
CITYWIDE STANDARDS FOR REGULATING NOISE
CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
Chapter 9.20 is hereby added to the Temecula Municipal
"CHAPTER 9.20 NOISE
9.20.010 Intent. At certain levels, sound becomes noise and may jeopardize
the health, safety or general welfare of City residents and degrade their quality of life.
This Chapter is intended to establish citywide standards to regulate noise. This Chapter
is not intended to establish thresholds of significance for the purpose of any analysis
required by the California Environmental Quality Act and no such thresholds are hereby
established.
9.20.020 Definitions. Whenever used in this Chapter, the following terms
shall have the following meanings:
A. Animals. Any bird, cat, dog, goat, horse, or burro or donkey.
B. "Audio equipment" means a television, stereo, radio, tape player, compact
disc player, MP3 player, i-Pod or other similar device.
C. "City Manager" means the City Manager or his or her designee.
D. "Decibel" means a unit (dB) for measuring the relative amplitude of a
sound equal approximately to the smallest difference normally detectable by the human
ear, the range of which includes approximately one hundred thirty (130) decibels on a
scale beginning with zero decibels for the faintest detectable sound. Decibels are
measured with a sound level meter using different methodologies as defined below:
1. A-weighting (dBA) means the standard A-weighted frequency
response of a sound level meter, which de-emphasizes low and high frequencies of
sound in a manner similar to the human ear for moderate sounds.
2. Community Noise Equivalent Level (CNEL) means a 24-hour
energy equivalent level derived from a variety of single-noise events, with weighting
factors of 5 and 10 dBA applied to the evening (7 PM to 10 PM) and nighttime (10 PM to
7 AM) periods, respectively, to allow for the greater sensitivity to noise during these
hours.
1
3. Ldn means Day-Night Average Sound Level. The A-weighted
average sound level for a given area (measured in decibels) during a 24-hour period
with a 10 dB weighting applied to night-time sound levels. The Ldn is approximately
numerically equal to the CNEL for most environmental settings.
4. Maximum Sound level (Lmax) means the maximum sound level
measured on a sound level meter.
E. "Governmental agency" means the United States, the State of California,
the County of Riverside, the City of Temecula, or any combination of these agencies.
F. "Motor vehicle" means a vehicle that is self-propelled.
G. "Noise" means any loud, discordant, raucous or disagreeable sound.
H. "Occupied property" means any property upon which is located a
residence, business or industrial or manufacturing use.
I. Public Property. Property owned by a governmental agency or held open
to the public, including, but not limited to, parks, streets, sidewalks, and alleys.
J. Public or Private School. An institution conducting academic instruction at
the preschool, elementary school, junior high school, high school, or college level.
K. Sensitive Receptor. A land use that is identified as sensitive to noise in
the Noise Element of the Riverside County General Plan and the Noise Element of the
Temecula General Plan, including, but not limited to, residences, schools, hospitals,
churches, rest homes, cemeteries or public libraries.
L. Sound Amplifying Equipment. A loudspeaker, microphone, megaphone,
stereo equipment, portable radio, boom box, or other similar devices.
M. Sound Level Meter. An instrument meeting the standards of the American
National Standards Institute for Type 1 or Type 2 sound level meters or an instrument
that provides equivalent data.
9.20.030 Exemptions. Sound emanating from the following sources is
exempt from the provisions of this Chapter:
A. Facilities owned or operated by or for a governmental agency;
B. Capital improvement projects of a governmental agency;
C. The maintenance or repair of public properties;
2
D. Public safety personnel in the course .of executing their official duties,
including, but not limited to, sworn peace officers, emergency personnel and public
utility personnel. This exemption includes, without limitation, sound emanating from all
equipment used by such personnel, whether stationary or mobile;
E. Public or private schools and school-sponsored activities;
F. Properly maintenance, including, but not limited to, the operation of
lawnmowers, leaf blowers, etc., provided such maintenance occurs between the hours
of 7:00 a.m. and 8:00 p.m.;
G. Motor vehicles, other than off-highway vehicles. This exemption does not
include sound emanating from motor vehicle sound systems;
H. Heating and air conditioning equipment;
I. Safety, warning and alarm devices, including, but not limited to, house and
car alarms, and other warning devices that are designed to protect the public health,
safety, and welfare; and
J. The discharge of firearms consistent with all state laws.
9.20.040 General Sound Level Standards. No person shall create any
sound, or allow the creation of any sound, on any property that causes the exterior
sound level on any other occupied properly to exceed the sound level standards set
forth in Tables N-1 and N-2.
(
3
TABLEN-l
TEMECULA LAND USE/NolSE STANDARDS
Property Receiving Noise
:Maximum Noise Level
(Ldn or CNEL, dBA)
Very Low
Low
Low Medium
I Medium
I High
Neighborhood
Community
Highway Toutist
Service
I Professional Office 50 70
I Industria1 Park 55 75
I Schools 50 65
I All others 50 70
I V meyardsl Agriculture 70
I Open Space 70/652
1 Mlximum exterior noise levels np to 70 dB CNEL are allowed for Multiple-Family Housing.
2 Where quiet is a basis required for the land use.
3 Regarding aircraft-related noise, the maximum acceptable exposure for new residential
development is 60 dB CNEL.
Type of Use
Residential
Commercial and Office
Light Industrial
Public/Institutional
Open Space
, Land Use Designation I Interior
Hillside
Rural
Exterior-"
45
65
45
45
65 1 70'
70'
70
4
Community Noise Exposure
(Ldn or CNEL)
I 55 60 65 70 75
:1J:21111111~IIIIIIIIIIIIL I
~~ : ::~c~~
: i /iiiiiiiiii':::_:::_:::J:Ij I I l
~~I : ~~
~~~~~t::~i:t=es, : : .Iiiiiiiiiiiiliiiiiiiiiiii~
fllllllllll+IlI1111ln~IIII':""'~ I .
. II II1I II II T::::: :::imlllll II 11111 F:::::::::;
~~~~
I I I I ~
b,~~~~.~' ~~
Golf Course,Riding Stables, I[ II .~
Water Recreation, Cemeteries I I
1~~~tH::"::':4'lli:..:::::1 I
I I I I ~~.
In~~trial,M:mufacturing, ~~~~ ... r
Utilities, Agriculture I I I r::' ~~i ~ ~ ~ ~ ~ ~ ~~~:tl:I~
Source: Modified from 1998 State of California General Plan Guidelines.
1. Regarding aiocr.rlt-related noise, the maximum acceptable exposure for new residential develvt'~.~, is 60dB CNEL.
2. No nonnallyacceptable condition is defmed for these uses. Noise studies are required prior to approval.
1
,
Land Use
Residential'
Transient Lodging - Motel,
Hotel
Auditoriums, Concert Halls,
AmphitheateIS2
Sports Arena, Outdoor
Spectator Sports2
Playgrounds, Parks
Office Buildings, Business
Commercial, and Professional
TABLE N-2
NolSElLAND USE COMPATIBILITY MATR.IX
80
~ Nonnally Acceptable: Specified land use is satisfactory, based upon the assumption that any buildings involved
~ meet conventional Title 24 construction standards. No special noise insulation requirements.
Ii:i:ti:i:ci:t: Conditionally Acceptable: New construction or development shall be undertaken only after a detailed noise
IImI:l!tI analysis is made and noise reduction measures are identified and included in the project design.
~ N onnally Unacceptable: New construction or development is discouraged. If new construction is proposed, a
~ detailed analysis is required, noise reduction measures must be identified, and noise
insulation features included in the design.
. Clearly Unacceptable: New construction or deveLt'.~<~. clearly should not be undertaken.
5
9.20.050 Sound Level Measurement Methodology. The actual location of
a sound level measurement shall be at the discretion of the enforcement officials
identified in Section 9.20.080 of this Chapter. Sound level measurements shall be
made with a sound level meter. Immediately before a measurelTient is made, the sound
level meter shall be calibrated utilizing an acoustical calibrator meeting the standards of
the American National Standards Institute. Following a sound level measurement, the
calibration of the sound level meter shall be re-verified. Sound level meters and
calibration equipment shall be certified annually.
9.20.060 Special Sound Sources Standards. The general sound level
standards set forth in Section 9.20.040 of this Chapter apply to sound emanating from
all sources, including the following special sound sources, and the person creating or
allowing the creation of the sound is subject to the requirements of that section. The
following special sound sources are also subject to the following additional standards.
Failure to comply will constitute separate violations of this ordinance.
A. Power Tools and Equipment. No person shall operate any power tools or
equipment between the hours of 10:00 p.m. and 8:00 a.m. such that the power tools or
equipment are audible to a person located inside an occupied building. No person shall
operate any power tools or equipment at any other time such that the power tools or
equipment are audible to a person located at a distance greater than one hundred (100)
feet from the power tools or equipment.
B. Audio Equipment. No person shall operate any audio equipment as
described in 9.20.020(B), whether portable or not, between the hours of 10:00 p.m. and
8:00 a.m. such that the equipment is audible to a person located inside an occupied
building. No person shall operate any audio equipment, whether portable or not, at any
other time such that the equipment is audible to a person located at a distance greater
than one hundred (100) feet from the equipment.
C. Sound Amplifying Equipment or Live Music.
1. It is unlawful for any person to cause, allow or permit the emission
or transmission of any loud and raucous noise from any sound-making, sound-
amplifying device or live music under his control or in his possession:
a. Upon any private property;
b. Upon any public street, alley, sidewalk or thoroughfare; or
c. In or upon any public park or other public place or property.
2. The words "loud and raucous noise," as used this section, shall
mean any sound or any recording or live music thereof when amplified or increased by
any electrical, mechanical or other device to such volume, intensity or carrying power as
to unreasonably interfere with the peace and quiet of other persons within or upon any
one or more of such places or areas, or as to unreasonably annoy, disturb, impair or
6
endanger the comfort, repose, health or safety of other persons within or upon anyone
or more of such places or areas.
3. The word "unreasonably," as used in this section, shall include, but
not be limited to, consideration of the hour, place, nature and circumstances of the
emission or transmission of any such loud and raucous noise.
D. Construction. No person shall engage in or conduct construction activity,
when the construction site is within one-quarter mile of an occupied residence, between
the hours of 6:30 p.m. and 6:30 a.m., Monday through Friday, and shall only engage in
or conduct construction activity between the hours of 7:00 a.m. and 6:30 p.m. on
Saturday. Further, no construction activity shall be undertaken on Sunday and
nationally recognized holidays. Public works projects of any federal, state or local entity
or emergency work by public utilities are exempt from the provisions of this subsection
E. Residents working on their homes or property are exempt from the prohibition of
construction activities on Sundays and holidays but must comply with the hourly
restrictions set forth for Saturday when working on Sundays and holidays. The city
council may, by formal action, exempt projects from the provisions of this chapter.
E. Barking Dogs and Keeping of Noisy Animals.
1. Noisy Animal means any animal that barks, bays, cries, whines,
howls, screeches or makes any noise for an extended period of time whether day or
night, regardless of whether the animal is physically situated in or upon private property.
Such extended period of time shall consist of the above described incessant noise for
thirty (30) minutes or more in any twenty-four-hour period, or intermittent noise for sixty
(60) minutes or more during any twenty-four-hour period. An animal shall not be
deemed a "nuisance animal" for purposes of this article if, at any time the animal is
making noise due to a person or other animal that is trespassing or threatening to
trespass upon private property in or upon which the animal is situated, or when the
animal is being teased or provoked.
2. Evidence of said "incessant noise" shall be made by direct
observation of an enforcement official present on site responding to a complaint from a
neighbor, OR a complaint form may be signed by a minimum of two neighboring
property owners and submitted to an enforcement official.
3. Nothing in this chapter shall establish standards for private civil
claims, in either civil court or small claims court, nor shall this chapter preclude any
person from pursuing a private civil action in either civil or small claims court.
9.20.070 Exceptions. Exceptions may be requested from the standards set
forth in Sections 9.20.040 (General Sound Standards) or 9.20.060 (Special Sound
Sources Standards) of this Chapter and may be characterized as construction-related or
single event exceptions.
7
A. Application and Processing.
1. Construction-Related Exceptions. An application for a
Construction-Related Exception shall be made on forms provided by the Building and
Safety Department and shall be accompanied by the appropriate filing fee. No public
hearing is required.
2. Temporary Use Permit. An application for a Single Event
Exception shall be made using the Temporary Use Permit application provided by the
Planning Department and shall be accompanied by the appropriate filing fee. No public
hearing is required.
B. Requirements for Approval. The Director of Planning or his or her
designee shall not approve an exception application unless the applicant demonstrates
that the activities described in the application would not be detrimental to the health,
safety or general welfare of the community. In determining whether activities are
detrimental to the health, safety or general welfare of the community, the Director of
Planning or his or her designee shall consider such factors as the proposed duration of
the activities and their location in relation to sensitive receptors. If an Exception
Application is approved, reasonable conditions may be imposed to minimize the public
detriment, including, but not limited to, restrictions on sound level, sound duration and
operating hours.
C. Appeals.
1. Construction-Related Exception. Any person aggrieved by or
dissatisfied with the Planning Director's decision on an application for a Construction-
Related Exception may appeal from such action by filing an appeal according to the
procedures setforth in Section 17.03.090 of the Temecula Municipal Code.
2. Temporary Use Permit. Any person aggrieved by or dissatisfied
with the Planning Director's decision on an application for a Temporary Use Permit may
appeal from such action by filing an appeal according to the procedures set forth in
Section 17.03.090 of the Temecula Municipal Code.
9.20.080
Enforcement.
A. The City Manager and his or her designee, including but not limited to
police officers, code enforcement officers, park rangers or other enforcement officials
shall have the authority to enforce the provisions of this Chapter.
B. Any person who violates any provision of this Chapter is guilty of a
misdemeanor, and upon conviction shall be punished as set forth in Chapter 1.20 of the
Temecula Municipal Code.
8
C. Any person who violates any provision of this Chapter shall be subject to
the enforcement remedies of Chapters 1.21 and 1.24 of the Temecula Municipal Code.
D. Nothing in this Chapter shall be intended to limit any of the civil or criminal
remedies available to the City, nor shall it be intended to limit the City from engaging in
efforts to obtain voluntary compliance by means of warnings, notices, administrative
citations or educational programs.
9.20.090 Duty to Cooperate. No person shall refuse to cooperate with, or
obstruct, the enforcement officials identified in Section 9.20.080 of this Chapter when
they are engaged in the process of enforcing the provisions of this Chapter. This duty
to cooperate may require a person to extinguish a sound source so that it can be
determined whether sound emanating from the source violates the provisions of this
Chapter.
SECTION 2. PRIOR ORDINANCE. The provisions of Chapter 9.20 shall
supersede the provisions of any ordinances in conflict therewith adopted byreference in
Chapter 1.08 of the Temecula Municipal Code.
SECTION 3. SEVERABILITY. If any portion, provision, section,
paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by
any final court action in a court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining portions, provisions, sections, paragraphs, sentences, and
words of this Ordinance shall remain in full force and effect and shall be interpreted by
the court so as to give effect to such remaining portions of the Ordinance.
SECTION 4. EFFECTIVE DATE. This ordinance shall take effect thirty
(30) days after its adoption.
9
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the day of , ,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of , by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
10
ATTACHMENT NO.2
NOTICE OF PUBLIC HEARING
Case No:
Applicant:
Location:
Proposal:
CEQA Action:
Case Planner:
Place of Hearing:
Date of Hearing:
Time of Hearing:
s/zro
Notice of Public Hearing
A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING
COMMISSION to consider the matter described below:
Planning Application No. PA07-0157
City of T emecula
Citywide
Review proposed Noise Ordinance and recommend an action to the City Council
Exempt from review under the California Environmental Quality Act pursuant to Section
15061 (b)(3)
Emery J. Papp, AICP
City of Temecula, Council Chambers
43200 Business Park Drive, Temecula, CA 92590
June 6, 2007
6:00 p.m.
Any person may submit written comments to the Planning Commission before the hearin9 or may appear and be
heard in support of or opposition to the approval ofthe project at the time of hearing. If you challenge the project
in court, you may be limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to,
the public hearing. The proposed project application may be viewed at the Temecula Planning Department,
43200 Business Park Drive. Monday through Friday from 9:00 a.m. until 4:00 p.m. Questions concerning the
Tject may be addressed to the case. planner at the City of Temecula Planning Department, (951) 694-6400.
G:IPJanningI2007\PA07 -0157 Noise OrdlnanceIPlanningINOPH-PC.FRM.doc
ATTACHMENT NO.4
PUBLIC CORRESPONDENCE
G:IPlannlng\2007\PA07-0157 Noise OrdlnancelPlannlnglPC STAFF REPORT 09-05-07.doc
8
ee: B.Johnson
COD...d EDelson
31815 Corte Rosario- Temecula, Ca 92592
Fax 951-506-2631 - Home Phone 909-676-040 I - Email conradra:;."..,,_la.com
July 29, 2007
Dear Mayor Washington
Council Reed..",
Re: Noise Ordinance
I have lived in Temecula for 21 years. I have campaigned, and voted for many wonderful
Council people. I have backed and promoted numerous items now incorporated into our
local laws and ordinances. Today when I read about the proposed noise ordinance in the
Press Enterprise, I was simply elated. The people that I have already talked to are "'Au",....ely
happy, and are anxious to see this much needed and overdue proposal enacted.
This proposal with out a doubt is one of the best ever to come along. I would bet that at
least 90% of all our citizens would not want a word of it changed. Of course there will be
the offenders, the people that let their dogs bark all day long when they are gone. And some
of the kids that get high in their garages, and beat on their drums, etc. Then there might be
a few that claim the ordinance may hurt them financially. These people will be loud, but few.
I ha'IC rcscarchcd.noise ordiu<UL"",s-.{'t1. tt.", ivIIvvv~H~ ,,~i.~"'''' Lv," ;....~"'~"''', S.... :;:;~",~u,-
Sacramento, Malibu, and San Jose. The proposal is not as stringent as some of these
cities, but certainly every bit as good. Enforcement does not seem to present a problem either.
Malibu has a complaint system regarding "noises by animals" that supposedly is superb.
Apparently Chairman Dennis Chiniaeff has never had a night job that forced him to sleep
during the day next to a garage band. To eliminate this kind of noise is one of the most
important items in this proposal.
Would you PLEASE let me know when and where the public meeting regarding this proposal
is going to be held? Also, is there anything we can do to help get this proposal passed,.
especially without detrimental alterations? We will be glad to help in any way we can.
As soon as I have a definite meeting date, I will start recruiting people to attend.
Sincerely,
~ ///.~
Coni~""
~ "'~. ,; W fJ.J;r
~ !L~ rv.t,~ ~ (U;S<L n lJ;
~~:tf (jSJ)
I am as dog-friendly as anybody else. The kind of barking that a dog does while playing
with children is fme and natural. But when a dog lets loose a high pitchea-barking spree,
say, every 15 or 20 minutes or so, that can be a bit disconcerting. What triggers the
barking sprees of Tony's dog are the people strolling on the side walk that the dog sees
through the spaces between the wooden slats of your elongated gate and the rest of the
front structure. Perhaps Gary or Dwayne can figure a way to block those spaces. One
way I would think is to cover the entire gate and the rest of the structure, from the inside,
with roofmg paper. (When there was the wooden fence between our properties, I inserted
strips from thin garden boards to cover the slits so the dogs couldn't see me and thus not
go off on barking sprees.)
Tony's dog has pooh-poohed on my lawn twice, irritating my gardener
By the way, I really appreciate the work that Dwayne did for me. He immediately
recognized the problem I was having with a faucet set-up in the patio that included a
contraption for showering outside-I like to douse myself with cold water during the hot
sununer days. Taking a lot of pride in his craft, he fixed it-a real class act of plumbing
finesse.
One more note-about once a month I notice a muddy spot extending through a part of
my side of the wall, the result from water seeping below the wall. If you lower the time
limit on that particular watering station ofthe sprinkler system by, say, three or four
minutes, the seepage will likely cease.
cr- v- rrtdqAh
--~/
-
3ar~ ,ing mac
By Kerfy Madden
IT'S1 A.M., AND THE DOGS next door are barking again.
,'. ActUally, it's 1:15 a.m. on the a1ann clock, loll am. on the
V"~ clock and 7:2'1 p.m. on the whit.e-noise-machlne
clock, whIch never says the right tlme because Iunpluglt
and carry it ti'om room to room to hit "rain" or "crickets'
or "OOean' to drown out the barldng dogs next door. Som~
tin\es nurn up music or bol1'Ow one oCmy klds' iPQ<ls. If>last
the flUl.ln the winter, keep the. windows closed In the summer.
The.dogli bark the split second I open a booklnbed. They bark
while the colTee Is brewing at the creck.of dawn. My dreams In
:...;.......are fllied with the timbreoCsnarling dogs.
When lemmo longer bear It. I scream out the window like
a f\shwiCe: "SHUT UPl" My husband hangs his head, and my
chUdt.I'rreproacll me with 'Mom/'
Letlt tlrst be said that llove dogs. Our messy house is a
menagerie of children and anlmals- we have three klds, two
dogs, two cats. two rmches and a low-maL..~"""""4""'" hennit
crab: But the dogs next door bark and bark and bark. Let's call
th~m TI1Jng One and Thing Two because my heart IuJs been
hal'llened by their high-pitched assault.
. "The owner ofThlngOne and TI1JngTwo, let.s call George.
HlS name Is not really George, but my grandmother had a
Oec?rge back in Leavenworth, Ran., and I never really under~
stood her raw contempt for him. But now 1 have my own
. Ge_ Iivlng next door, and If she were aIlve, I would call her
up an~ say, uAh. now I understand," BecaUse I hate my George
with wlld. and free abandon, and I would s.Ing It ti'om the roof-
tops - only I wouldn't be heard over his barldng dogs. .
My grandmother's George dld not wear shlrts. My
. Ge~'l;)ften does not wear ~hirts either, a pract1ce my grand-
mothe.r 'Called "common," When my grandmother'S George
drall8"d his trashcans to the curb, he beat his chest and
howled amigbtyTarzanyell. Tll.ls never failed to stop her cold.
antl she would get up otr her gilder, go into the house, slam the
storm dopr, pickup her rosary and crank up the volume on"As
tlle World Turns." My George does not do Tarzan, but hls cho-
NS ofbarldngdogs equals a thousand Tarzans.
George's dogs live about 10 feet from our bedroom win-
dow. It's Usually the mlddle of the nlght wben they scramble
up In a pan1c, nails scrltchlng across the hack porch as they
rung themselves hysterlcalJy into tne yard to qark at nothJng.
. M~it'8 a coyote. asKUnk, cat, raccoon, opossum. or it is ac~
tually nothing - but tlley hark uutil they are hoarse and de-
feated and scrabble hack up the steps -'scriteh. scrltch. I tie
aw~ tense. waiting for the cycle to start over.
Recently, the dogs woke me againat 1:30 a.m. on the clock
radio. I was home alone, husband and children away for the:
.".
JJtNNIPBB HIlWITSON lor TIlt T'tfllU
weekend. 1 weut outside just as George drove up.l was going.
to be brave and confront him. Politely. I rehearsed the speech. .
I was very cairn. And then he saw me waltlng, so he didn't get
out of his car - he just sat there. A standolT. 1 wanted to en-
treathim - please, have mercy. SomethlngUke: "I have a b1>ok
due. I feelllke a crazy persoh ~rying around. this noise ina~
chlne, rainstorm and crickets blarlng, day and' night. ' But he
"!ouldn't get out, and 1 chlckened out. ' .
. Another nIgh~ I did go pound on the door. He ~,.r.~.j
and w~ed me, "You better getoutoChere," Uke 1 was a thlef. 1
sald, 'It's your neighbOr! Your dogs have beenbar!dng for Qn
houri" He said. "Uh, yeah.' Then he dlsappeared. Never an
apology. Nothlng.
My husband has gone over to talk to him several thnes.
and the dlseusslons take forever because my husband thlDks
that eventually compasslon and empathy will penetrate his
thlckhlde. Hal In one _.",..._;lon, George suggested that we
cut downourl>ackiard trees because they are to blame for his
dogs barldng, as they attract squirrels.
I left a poem by Billy COllins, called "Ano.ther :Reason I
Don't Keep a GUn in the House,"ln hlsmallbox. Part oflt goes:
. The neighbors' dog will not stop barkmg.
I close all the wtn.doWs In lhe house
arul pul ana Beelhovensymph01lyjull"blast .
but 1 cansUll hear him muJ]led uruler the mu.olc, barking,
barking, barking,
and now 1 can see htmsitting in the orchestra,
his head raised col\1ldently as If Beethoven
h<l\l Included a partfor barking dog.
My George has. so fur, expressed no more response to the
poem thanany otourotherpleas.m the meantime. I have pur-
ChaSoid a product called the Dog SUencer Pro. It should arrlve
any day. It costs $89.95, and I am going to hang It on our fence
wlth aprayer that the barks oCThlngOne and ThlngTwo will,
as promised, set olThlgh-frequency sound waves that are sup-
posed to "annoy" but not hurt their ears, and that all will be si-
lent. The Ila!esman at Good LIfe Products said dog owners
never orderthls product -It's a1waystbe neJghhors. They call
up, desperate. and say, "Listen. Can you hear that? Can you
hear It?' and !)old up the receiver for hlm to listen to hark.ing
dogs.
I want this Dog Silencer Pro to be the miracle that will
transform aU OUX' live... ~ t.ho~ 'p~:c~et1l1lg'n-rrequency
sound waves will carry with them the possibility of goodwill,
forgivenes.s and even neighborliness - all festering resent-
ments wasbed away.lfnot.lt comeswltha3o-daymoney-back
~arantee. .
K1!:aRY MADDEN is the authorof"Louisiana'S Song. II
Getting N~'YtXo!.~ ~~~~~own
"There's' noise everywhere."
, 'Ib give the law ,some teeth,
the' city Department ofEnvlron-
mental Protectionls assignlng45
agel).tsto sci:eencomplaints
about chronic noIse,esJleci!illY,in
clubs and homes. They'll, be
armed with some tough' new
gllidelines: Nlghtclubs,may not
bl,ast music that Is "plalnly audi-
ble" (dellned as TdecIbels) more
than 'IS feet from their front
doors_
,NE'" Y9KK ...,..., .He gOt l'few _N6i!ip.\J~ the "No.1 quaIity~oh.
y-orkers to stopsmokiilg in pub- lifeis~e" for reSIdents, SIlI<fthe
Iic bWIdings, 'bars. and' restau- mayor, calling the law "a key e1-
,rants, and the city's diniilgspots enient" oflds agenda PUblic sen-
Win SQon,be free oftraDs fats. But tlment appears ,to beou his sIde.
>Can Mayor MiChael R. Bloom- Noise Complaints topped theIlst
berg deliver on his vow to rOake of problems called in,to ,the city's
the Big Apple less noiSy? 311,I1Onemergency hotline,in the
'Last week, a much-bally- last 12 months: More than
,hooed I1Ois~ o{mt,rol ordinance ,278,000 were logged' sineeiast
'went into ell'ect, targetlllg some, J:1.i]y, most of then;, about loud
,ofthe worst Q1I'<,nders in the ca- iie@,borS.', '
cophony of everyday u,rban life: "The ;Idea Is ,that we'll see a
Mlster Softee ice cream truCks, gradual di1I'erence in noise over
whosetil).l<lingj!ngles play oVer tim~, not right ,'away," , said
~d over;, ~tcluh :-'~.;..u:..~v~.:.~ spokesman Micha~ .Saucier of
whose rowdy music blares in the Em'IroinnentaJ. Protection
, otherwise.qniet' neighborhoods; Department;whicli adminiSters
aiJ.ddogsb~ll'hOursof_ the new law.'"Thls Is a com-
~dnigh.J.- ' 'plaintS-drIven System 'al;lout
,The golinifthe law Is to give noIse, and the public serves. as
.thecitythatn~ersleeps."Ii1Uch;. "Ol,lr , ears." liis,d.;.~.::u,~ent'B
deserve!;! peace and quiet," agents ,1(I'il) be respOnding to
Bjoomberg.said'whenhe Si!l\1el:! lon~ . COm))laints,heex,
itiastyear. T.heftoesforviOlatilig , plainecj, but police will respond
noise levels have risen ~ ranging to CPIIlPlaints aStheYh!1ppen;
frolllless t,han $100 for abar~,Newy-orl< Is not the oruy c.Io/
d~otiSlIIldsofdolliirs fo,r , tQ tacl<I"such a problem: Strong
repeat nightclub 01l'entlers: ", an~;'~ inltiatiyes p...ve ,been
., Blvv";~<'a, wh6 quit the Re- irilpleinented in: l'ecentyears
public>\ll:PattYiastmont!i.andi/l frol,)l,Aiilineila. Calif., to,Sara- '
noW lj.I1independent,hashlliIe(i, ;s6tll,Ji')a. , ..' '.,'
the IaW as "theJlrst 11OIIlPrelll;n,' . ' Ai1<l.~'moomberg's2003
siv<i overhaW" ofIocaI110IselelrtS-, crusade &gliinstsmoking, his
lation in 30 years. ' ,"" , ," nOiSereg..@tlomihavegenerated
"I thjnIdt'sgiea~ ~heY'ni trY,~ ' 'lij;(;le<;dnta;QvetSy. '.. ' , '. . '
lug to doSOmethiJ1gabout all of . YetsOlIle'believethls initia-
thIs," s~<l. James T,jtJis; aM6til1~. tiYe may,in~t ,th'efa~ Of other
,Vernoil, N.Y., retiree outfol'-li': "qplility bflife" campaigns. In the
strollin- MidtoWn-A!! '1\'LspoJqj,:llit!i'l~IjOs;:{oreXample;Mayor
, two cars passed by \Vith radi<j$ ~'YWdI. ~ch, ."o~v..,..::.ng to
L~,"u....;....g ~'music; a,'~ ~;,,: 'a.D.Qutci-yovertheJiiunberof.::;e-
gine l'Qaroi 1\ptl.\e street withlt~!, " verely mimta)Iy, ill hotilelesSpeo-
siI'e1l b~)acIdl!lllimers ecl" ' Rl" on, theStree~' endorsed a
oeeF, fron!'abUlldin:g Ul)del' policy oftilking them to Mspi,
COIllltruCtion.. ., tals {or treatment and observ...-
, "But I don't know If they can tion, ,The initia:tiveWaB slowed, by
solve tJ;lls problem," Titus "dded., a lawsuits, ,bure;iucraticwran;
A noise ordin.ance takes
aim at loud nightclubs
and barkin.1!' P()~ But
'-:...,; .
some'saythere's no ,
shushing thdr city.
By Jos;H (JETLIN
Times stajfWriter
., \'
''.j
\1
'(I
,\
MARYAx.TAFFEE A8soctated PreSll. 'j
URBAN RACKE'1:: "Noise is the No.1 quality-of-life issuk;' says ,J
Mayot"Michael If,. Bloomberg, whose new. lawinqludes stifferfi~s~)~'.~
, . "J
A few days later, subWay ,com;;;
muters at the Union square sta.,;
tIon' were treated to'" Jiarsjt*
squealing of brakes as a pilss~'1i
ger traili, j;wisted through a tur!:,,,j'
nellIito the station. A conductor';' !
on another train' rrnu;le an,,;j
nOWlcements asthe'brake noisi$:~
enveloped the station. It waS aid
most imposSible to Understand~:
lilii1 "ii
A little, oyer. a mile aw~I'~1 '
were barrelinlt'out of a MidtoWl).I: .
tw1n~1 :(;mw parf~;Ave.nue. ,,~11~~1!i
'din overwhe!ining. Brett'I;'olinQi~,'
a magaZine: Pl'llduCtiqn ~~it~,
on.t_foi' anyafternoon ,;~~~r~:
breal<;: scoll'ed at the i<!ea tl1~"
the city COWd ,~ or should ..,,,,~ I'
make a dent IIi the vol1nne. ''i'~''
"They're: regola"tinlius' t<l'4i!
death here," I)e 1lI1llP~."IfNejV8:(
Yorl<Is aUyt;l1ing; it's nO~e;'~~)]
over :it. If' yOu don't -like"tl11!: i"
sOlmds ,he~~move' sOi:D.ewhere~nl
else."" '. ,', ", <,:,'-,
,Sauc.ler conc~ the ine .'
tabillty, pf noise.. But JW n9, ,
"The point tJf the nOW"IawIs.'n9
to shut everyt;rung down. Wej.;' '
w.ip.t to ,try llnd strike a balan~
becaUse New Yorkers deserve
much 'peace as they Clln,get'in
city of ~.2 million people," '
.ilIes, and disputes over 1)0spItal
space.
Nearly 10 years later, Mayor
RUdOlph W. GIuliimi announc~d
a crackdown on jayWalking, pro-
posing still' Ilnes and police <>n-
'forcement. It, too, stalled, widely
derided as an e><ainple of City
HalI .going against the grain of
New'Yorklife. '
Some skeptics ,thiilk the bige
gestobstacle ~ Bloomberg's ini-
tiative Is the officially sanCtioned
daily noise in.the streets, parks,
neighborhoods, tuimeIs and Sub'
Ways. ')'he daiiy racket seems be-
yond regq;ation,critics s.,y.
'AsJujy 4 dawned quietIy over
Manhattan's Upper West; SIde,
for example, the caJIIi was shate
tered.at 8a.llL, when. a COn-Edie
son' ConstruCtiou crew began
tearing up the street in'the healt
of. a deJis~ly pOPulated residen,
, .tlal neigj:).horhooli Noise echoed
up and downtheca.nyol1 of talI
apartm,~nt bujIdings,' ,; but the
,Con-~.l) rePllir crew said it
l1ad alI the necessary cleiu'ance,
to do'. such work ona holiday
mornitlg.
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josh.getlin@latimes.com
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ATTACHMENT NO.5
NOTICE OF PUBLIC HEARING
G:\Planning\2007\PA07-0157 Noise Ordinance\Planning\PC STAFF REPORT 09-05-07,doc
9
Notice of Public Hearing
A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING
COMMISSION to consider the matter described below:
Case No: Planning Application No. PA07-0157
Applicant: City of Temecula
Location: Citywide
Proposal: Review proposed Noise Ordinance and recommend an action to the City Council
CEQA Action: Exempt from review under the California Environmental Quality Act pursuant to Section
15061(b)(3)
Case Planner: Emery J. Papp, AICP .
Place of Hearing: City of Temecula, Council Chambers
43200 Business Park Drive, Temecula, CA 92590
Date of Hearing: September 5, 2007
Time of Hearing: 6:00 p.m.
Any person may submit written comments to the Planning Commission before the hearing or may appear and be
heard in support of or opposition to the approval of the project at the time of hearing. If you challenge the project
in court, you may be limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to,
the public hearing, The proposed project application may be viewed at the Temecula Planning Department,
43200 Business Park Drive, Monday through Friday from 9:00 a.m. until 4:00 p.m. Questions concerning the
project may be addressed to the case planner at the City of Temecula Planning Department, (951) 694-6400.
G:\Planning\2007\PA07 -0157 Noise Ordlnance\Planning\NOPH-PC 09-05-07,doc
Ii
-
I.
ITEM NO. 15
I
I
Approvals
City Attorney
Director of Finance
City Manager
1#~
IJ~
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Debbie Ubnoske, Director of Planning
DATE:
September 25, 2007
SUBJECT:
A Development Agreement, General Plan Amendment, Tentative Tract Map,
and Development Plan with a Minor Exception for a 608,934 square foot
industrial building on 32 acres, and for the future development of the remaining
52 acres to include industrial, commercial, retail, high-density residential, and/or
public institutional facility land uses. In addition, the project includes an
Operating Covenant Agreement that outlines incentives relating to this
expansion.
PREPARED BY:
Dana Schuma, Associate Planner
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A MITIGATED NEGATIVE
DECLARATION FOR THE TEMECULA PROPERTIES
LLCIPROFESSIONAL HOSPITAL SUPPLY PROJECT ON AN 84-
ACRE SITE LOCATED AT THE NORTHWEST CORNER OF
DENDY PARKWAY AND WINCHESTER ROAD AS A FUTURE
SPECIFIC PLAN AREA (APN 909-370-018 AND 909-370-032)
WHICH CONSISTS OF PLANNING APPLICATIONS NO. PA07-
0048, A GENERAL PLAN AMENDMENT; PA07-0220 A
DEVELOPMENT AGREEMENT; PA06-0370, A TENTATIVE MAP;
AND PA06-0369, PA07-0090, A DEVELOPMENT PLAN WITH A
MINOR EXCEPTION
2. Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A GENERAL PLAN AMENDMENT TO
TABLE LU-5 OF LAND USE ELEMENT TO DESIGNATE AN 84-
ACRE SITE LOCATED AT THE NORTHWEST CORNER OF
DENDY PARKWAY AND WINCHESTER ROAD AS A FUTURE
SPECIFIC PLAN AREA (APN 909-370-018 AND 909-370-032)
PLANNING APPLICATION NO. PA07-0048
3. Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A TENTATIVE TRACT MAP (TTM 35181)
TO SUBDIVIDE AN APPROXIMATE 84-ACRE SITE INTO FIVE
PARCELS, FOUR DEVELOPABLE LOTS AND ONE SLOPE AND
EASEMENT PARCEL, LOCATED AT THE NORTHWEST CORNER
OF DENDY PARKWAY AND WINCHESTER ROAD (APN 909-370-
018 AND 909-370-032) PLANNING APPLICATION NO. PA06.{)370
4. Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A DEVELOPMENT PLAN TO
CONSTRUCT A THREE-STORY, 608,934 SQUARE FOOT
INDUSTRIAL DISTRIBUTION BUILDING ON AN APPROXIMATE
32-ACRE SITE GENERALLY LOCATED AT THE NORTHWEST
CORNER OF DENDY PARKWAY AND WINCHESTER ROAD, AND
A MINOR EXCEPTION TO ALLOW FOR A ONE PERCENT
BUILDING HEIGHT INCREASE FROM 50' TO 50'8" (APN 909-370-
018 AND 909-370-032) PLANNING APPLICATIONS NO. PA06-
0369 AND PA07 -0090
5. First reading and introduction of an ordinance entitled:
ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A DEVELOPMENT AGREEMENT
BETWEEN TEMECULA PROPERTIES, LLC, PROFESSIONAL
HOSPITAL SUPPLY, INC., AND THE CITY OF TEMECULA FOR
AN APPROXIMATE 84-ACRE SITE GENERALLY LOCATED AT
THE NORTHWEST CORNER OF DENDY PARKWAY AND
WINCHESTER ROAD IN THE CITY OF TEMECULA (APN 909-370-
018 AND 909-370-032) PLANNING APPLICATION NO. PA07.{)220
6. Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "OPERATING COVENANT AGREEMENT
(PROFESSIONAL HOSPITAL SUPPLY) BY AND BETWEEN THE
CITY OF TEMECULAAND PROFESSIONAL HOSPITAL SUPPLY,
INC."
BACKGROUND:
Plannina Commission Discussion: The proposed PHS facility expansion project consists of a
Development Agreement, General Plan Amendment, Tentative Tract Map, and Development Plan
with a Minor Exception for the development of an approximate 84-acre site. The property will be
designated as a future Specific Plan Area and subdivided into five lots. Four of the five lots will be
developed and one will be an easement parcel for slope and drainage purposes. The project will
accommodate for future industrial, commercial retail, office, high-density residential, and/or public
institutional facility land uses authorized by the Development Agreement. A future Specific Plan will
define the anticipated land uses and development standards for proposed Lots 1, 2, and 3. A
Development Plan for Lot 4 proposes a new industrial medical distribution facility for PHS. The
project will consist of a three-story, 608,934 square foot industrial building for office, warehouse/
distribution use, and a 400-square foot pump house. All five applications for the project were
reviewed and recommended for approval by the Planning Commission on September 5, 2007.
At the hearing, the Planning Commission expressed concern over some of the Development
Agreement language. Mr. Marty Weiss, the applicant's attorney, agreed to the minor technical
modifications. The City Attorney's office has incorporated the requested changes and the revised
Development Agreement is attached.
One speaker, Mr. AI Rattan, indicated his belief that a Mitigated Negative Declaration did not provide
adequate environmental review for the project and requested that the Planning Commission delay
action so that an Environmental Impact Report could be prepared. Mr. Rattan also expressed
concerns about the provisions of the Development Agreement and questioned the number of jobs
which PHS would actually be creating through this project.
Plannina Commission Action: The Planning Commission moved to recommend approval of all five
applications for the project (PA07 -0220, PA07 -0048, PA06-0370, PA06-0369, and PA07 -0090) with
a vote of 4-0 (Chairman Chiniaeff absent), subject to the following recommended changes:
. Delete Mitigation Measures Nos. 17 and 24 from the Mitigation Monitoring Program
regarding additional cultural resource testing prior to grading and the preservation of all
sacred sites
. Amend Mitigation Measure No. 22 of the Mitigation Monitoring Program to state, "Further
actions shall be determined pursuant to California Public Resources Code Section 5097.98"
. Delete Condition of Approval No. 60 from both the Development Plan and the Tentative
Tract Map regarding the preservation of all sacred sites
. Amend Condition of Approval No. 122 of the Development Plan to guarantee the
maintenance of the plantings for a two-year period
. Amend the expiration date for both the Development Plan and Tentative Tract Map
entitlements to match the term of the Development Agreement
. Amend the Planning Commission Resolution to recommend that the City Council adopt an
Ordinance for the Development Agreement
. Incorporate several technical changes into the language of the Development Agreement
FISCAL IMPACT: In an effort to retain and encourage this expansion of valuable jobs
and sales tax dollars to remain within the City of Temecula, it was necessary to create an Operating
Covenant Agreement that outlines incentives relating to this expansion. Specifically, the City of
Temecula is willing to defer up to $2 million in Development Impact Fees associated with this
development contingent on PHS maintaining their point of sale within the City of Temecula for eight
years. After the eight years, these fees would be considered forgiven at that time. This agreement
is a very positive step for both PHS and the City of Temecula as PHS is the single largest sales tax
producer within the CityofTemecula. PHS has also experienced a growth rate of 10% per year and
expects this to continue in the future. At this growth rate the City of Temecula stands to potentially
receive upwards of $25 million in sales tax generation over the course of ten years. Job growth is
also paramount as PHS currently employs 1,400 people within the Temecula facility and expects to
increase job growth by 20-30% over the next five years. This commitment to jobs through the
expansion clearly places the City of Temecula as the corporate hub for PHS.
ATTACHMENTS:
CC Resolution No. 07-_ (Mitigated Negative Declaration)
CC Resolution No. 07-_ (General Plan Amendment)
CC Resolution No. 07-_ (Tentative Tract Map)
CC Resolution No. 07-_ (Development Plan with Minor Exception)
CC Ordinance No. 07-_
Exhibit A - Development Agreement
CC Resolution No. 07-_
Exhibit A - Operating Covenant Agreement
Final Mitigation Monitoring Program
Final Conditions of Approval for TTM35181
Final Conditions of Approval for PHS Development Plan
Planning Commission Staff Report for September 5, 2007
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING A MITIGATED NEGATIVE
DECLARATION FOR THE TEMECULA PROPERTIES
LLCIPROFESSIONAL HOSPITAL SUPPLY PROJECT ON
AN 84-ACRE SITE LOCATED AT THE NORTHWEST
CORNER OF DENDY PARKWAY AND WINCHESTER
ROAD AS A FUTURE SPECIFIC PLAN AREA (APN 909-
370-018 AND 909-370-032) WHICH CONSISTS OF
PLANNING APPLICATIONS NO. PA07-0048, A GENERAL
PLAN AMENDMENT, PA07-0220 A DEVELOPMENT
AGREEMENT; PA06-0370, A TENTATIVE MAP, AND
PA06-0369 AND PA07 -0090, A DEVELOPMENT PLAN
WITH A MINOR EXCEPTION
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Procedural Findinas. The City Council of the City of Temecula
finds and determines that:
A. The Project consists of the Temecula Properties LLC/Professional
Hospital Supply Project located on an 84-acre site at the northwest corner of Dendy
Parkway and Winchester Road (APN 909-370-018 and 909-370-032) and includes five
Planning Applications: PA07-0048, a General Plan Amendment; PA07-0220 a
Development Agreement; PA06-0370, a Tentative Map; and PA06-0369 and PA07-
0090, a Development Plan with a Minor Exception (the "Project").
B. The Mitigated Negative Declaration and the Project applications were
processed in the time and manner prescribed by State and local law.
C. On September 5, 2007, the Planning Commission held 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 the Project
and the Mitigated Negative Declaration.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended that the City Council approve the
Project and the Mitigated Negative Declaration.
E. On September 25, 2007, the City Council held a duly noticed public
hearing on the Project and the Mitigated Negative Declaration 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 the Project and the Mitigated Negative Declaration.
F. At the conclusion of the City Council hearing and after due consideration
of the testimony and the administrative record, the City Council adopted this Resolution.
G. All legal preconditions to the adoption of this Resolution have occurred.
Section 3. Environmental Findinas. The City Council hereby further finds and
determines that:
A. Pursuant to California Environmental Quality Act ("CEQA"), City staff
prepared an Initial Study of the potential environmental effects of the approval of the
Project as described in the Initial Study. Based upon the findings contained in the Initial
Study, City staff determined that there was no substantial evidence that the Project
could have a significant effect on the environment and a Mitigated Negative Declaration
was prepared.
B. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Mitigated Negative Declaration as required by law. The
public comment period commenced on August 4, 2007, and expired on September 3,
2007. Copies of the documents have been available for public review and inspection at
the offices of the Department of Planning, located at City Hall, 43200 Business Park
Drive, Temecula, California 92590.
C. Three written comments were received prior to the public hearing and a
response to all the comments made therein was prepared, submitted to the Planning
Commission and the City Council and incorporated into the administrative record of the
proceedings.
D. The City Council reviewed the Initial Study, Mitigated Negative
Declaration, various staff reports, all comments received regarding the Mitigated
Negative Declaration during the Public Comment Period, all comments received at the
public hearing before the Planning Commission and the City Council, and the
administrative record. Based on the whole record before the City Council hereby finds
and determines that: (1) the Mitigated Negative Declaration was prepared in compliance
with CEQA; (2) there is no substantial evidence that the Project will have a significant
effect on the environment; and (3) the Mitigated Negative Declaration reflects the
independent judgment and analysis of the City Council.
Section 4. Adootion of Mitioated Neoative Declaration. Based on the findings
set forth in this Resolution, the City Council adopts the Mitigated Negative Declaration
prepared for this project.
Section 5. Certification. The City Clerk shall certify to the adoption of this
Resolution. This Resolution shall take effect upon its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 25th day of September , 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 25th day of September , 2007, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING A GENERAL PLAN
AMENDMENT TO TABLE LU-5 OF LAND USE ELEMENT
TO DESIGNATE AN 84-ACRE SITE LOCATED AT THE
NORTHWEST CORNER OF DENDY PARKWAY AND
WINCHESTER ROAD AS A FUTURE SPECIFIC PLAN
AREA (APN 909-370-018 AND 909-370-032) PLANNING
APPLICATION NO. PA07-0048
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Procedural Findinas. The City Council of the City of Temecula
finds and determines that:
A. On September 5, 2007, the Planning Commission recommended that the
City Council approve Planning Application No. PA07-0048 that consists of a General
Plan Amendment to Table LU-5 of Land Use Element to designate an 84-Acre site
located at the northwest corner of Dendy Parkway and Winchester Road as a Future
Specific Plan Area (Apn 909-370-018 And 909-370-032) (the "Amendment").
B. The Amendment was processed in the time and manner prescribed by
State and local law.
C. On September 5, 2007, the Planning Commission held 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 the
Amendment.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended that the City Council approve the
Amendment.
E. On September 25, 2007, the City Council held a duly noticed public
hearing on the Amendment 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 the Amendment.
F. On September 25, 2007 the City Council adopted Resolution No. 2007-
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A MITIGATED NEGATIVE DECLARATION FOR THE
TEMECULA PROPERTIES LLC/PROFESSIONAL HOSPITAL SUPPLY PROJECT ON
AN 84-ACRE SITE LOCATED AT THE NORTHWEST CORNER OF DENDY
PARKWAY AND WINCHESTER ROAD AS A FUTURE SPECIFIC PLAN AREA (APN
909-370-018 AND 909-370-032) WHICH CONSISTS OF PLANNING APPLICATIONS
NO. PA07-0048, A GENERAL PLAN AMENDMENT, PA07-0220, A DEVELOPMENT
AGREEMENT; PA06-0370, A TENTATIVE MAP, AND PA06-0369 AND PA07-0090, A
DEVELOPMENT PLAN WITH A MINOR EXCEPTION."
G. At the conclusion of the City Council hearing and after due consideration
of the testimony and the administrative record, the City Council adopted this Resolution.
H. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findinas. The City Council, in approving the General Plan
Amendment hereby further finds, determines and declares that:
A. The amendment is compatible with the health, safety and welfare of the
community;
The proposed amendment to add a future Specific Plan area to Table LU-5 of the
Land Use Element meets the goals and policies of the General Plan. and is
consistent with the anticipated impacts of the Final Environmental Impact Report
(EIR) for the General Plan and the guidelines of the Development Code. Any
future proposals for the Specific Plan area will be subject to the City's General
Plan, Development Code and Design Guidelines to ensure the public health,
safety and welfare of the community is maintained as new development occurs.
B. The amendment is compatible with existing and surrounding uses;
The proposed amendment to add a future Specific Plan area to Table LU-5 of the
Land Use Element is compatible with the existing and surrounding uses because
any future proposals for the 84-acre site will be consistent with the goals and
policies of the General Plan and the content and processing requirements
contained in the Development Code. Therefore. the proposed amendment will
be compatible with existing and future uses in the surrounding area.
C. The amendment will not have an adverse effect on the community and are
consistent with the goals and policies of the adopted General Plan;
The proposed amendment will not conflict with the existing zoning or designated
land uses throughout the City. The proposed amendment will result in compatible
future development, which will meet the recommended land use and circulation
pattern, maximum density and intensity of development, a desired mix of uses
and other factors consistent with the goals and policies of the General Plan.
Section 3. Aooroval. The City Council hereby approves Planning Application
No. PA07-0048 consisting of a General Plan Amendment to Table LU-5 of Land Use
Element to designate an 84-Acre site located at the northwest corner of Dendy Parkway
and Winchester Road as a Future Specific Plan Area (APN 909-370-018 and 909-370-
032).
Section 4 Certification. The City Clerk shall certify to the adoption of this
Resolution. This Resolution shall take effect upon its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 25th day of September , 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 25th day of September , 2007, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING A TENTATIVE TRACT MAP
(TTM 35181) TO SUBDIVIDE AN APPROXIMATE 84-
ACRE SITE INTO FIVE PARCELS, FOUR DEVELOPABLE
LOTS AND ONE SLOPE AND EASEMENT PARCEL,
LOCATED AT THE NORTHWEST CORNER OF DENDY
PARKWAY AND WINCHESTER ROAD (APN 909-370-018
AND 909-370-032) PLANNING APPLICATION NO. PA06-
0370
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Procedural Findinas. The City Council of the City of Temecula
finds and determines that:
A. On September 5, 2007, the Planning Commission recommended that the
City Council approve Planning Application No. PA06-0370 that consists of a Tentative
Tract Map to subdivide an approximate 84-acre site into five parcels located at the
northwest corner of Dendy Parkway and Winchester Road (RN 909-370-018 and 909-
370-032) (the "Tentative Tract Map").
B. The Tentative Tract Map was processed in the time and manner
prescribed by State and local law.
C. On September 5, 2007, the Planning Commission held 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 the Tentative
Tract Map.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended that the City Council approve the
Tentative Tract Map.
E. On September 25, 2007, the City Council held a duly noticed public
hearing on the Tentative Tract Map 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 the Tentative Tract Map.
F. On September 25, 2007 the City Council adopted Resolution No. 2007-
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A MITIGATED NEGATIVE DECLARATION FOR THE
TEMECULA PROPERTIES LLC/PROFESSIONAL HOSPITAL SUPPLY PROJECT ON
AN 84-ACRE SITE LOCATED AT THE NORTHWEST CORNER OF DENDY
PARKWAY AND WINCHESTER ROAD AS A FUTURE SPECIFIC PLAN AREA (APN
909-370-018 AND 909-370-032) WHICH CONSISTS OF PLANNING APPLICATIONS
NO. PA07-0048, A GENERAL PLAN AMENDMENT, PA07-0220, A DEVELOPMENT
AGREEMENT; PA06-0370, A TENTATIVE MAP, AND PA06-0369 AND PA07-0090, A
DEVELOPMENT PLAN WITH A MINOR EXCEPTION."
G. At the conclusion of the City Council hearing and after due consideration
of the testimony and the administrative record, the City Council adopted this Resolution.
H. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findinas. The City Council, in approving the Tentative
Tract Map hereby finds, determines and declares that:
A. The proposed subdivision and the design and improvements of the
subdivision are consistent with the Development Code, General Plan, and the City of
Temecula Municipal Code;
Tentative Tract Map No. 35181 is consistent with the General Plan, the
Subdivision Ordinance. the Development Code. and Municipal Code because the
project has been designed in a manner that is consistent with the policies and
standards in the General Plan. Subdivision Ordinance. Development Code. and
Municipal Code.
B. The Tentative Map does not propose to divide land which is subject to a
contract entered into pursuant to the California Land Conservation Act of 1965, or the
land is subject to a Land Conservation Act contract but the resulting parcels following
division of the land will not be too small to sustain agricultural use;
The subject parcels do not propose to divide land which is subject to a contract
entered into pursuant to the California Land Conservation Act of 1965. The
subject property has not been designated for conservation or agricultural land
and is not subject to the California Land Conservation Act of 1965.
C. The site is physically suitable for the type and proposed density of
development proposed by the Tentative Map;
The site is physically suitable for the proposed industrial development because
the proposed use is consistent with the General Plan and Development Code.
The proposed Tentative Tract Map (TTM 35181) meets the minimum lot size
requirements contained within the Development Code, and is consistent with all
of the requirements found within City of Temecula General Plan and the City of
Temecula Subdivision Ordinance. The subdivision (TTM 35181) is therefore
consistent with the Light Industrial zone.
D. The design of the subdivision and the proposed improvements, with
Conditions of Approval are not likely to cause significant environmental damage or
substantially and avoidably injure fish or wildlife or their habitat;
The proposed project site does contain sensitive habitat. The project impacts will
be mitigated to a level of insignificance based upon the identified mitigation
measures and the Conditions of Approval and will not therefore cause significant
environmental damage or substantially and avoidably injure fish or wildlife in their
habitat.
E. The design of the subdivision and the type of improvements are not likely
to cause serious public health problems;
The project. as conditioned by the Fire Prevention Bureau. the Public Works
Department. and the Building and Safety Department. will comply with the
applicable improvement requirements designed to prevent serious public health
problems. Furthermore, provisions are made in the General Plan and the
Development Code to ensure that the public health, safety and welfare are
safeguarded. The project is consistent with these documents.
F. The design of the subdivision provides for future passive or natural
heating or cooling opportunities in the subdivision to the extent feasible;
Prior to any issuance of building permits for the subject subdivision, and prior to
any construction, the applicant will be required to submit building plans to the
City of Temecula Building Department. These plans will be required to comply
with all applicable Uniform Building Codes. which also include requirements for
energy conservation. Therefore. the construction plans will comply with all
applicable building codes and State energy guidelines.
G. The design of the subdivision and the type of improvements will not
conflict with easements acquired by the public at large for access through or use of
property within the proposed subdivision, or the design of the alternate easements
which are substantially equivalent to those previously acquired by the public will be
provided;
The required right-of-way easements, including the future Western Bypass and
Cherry Street alignments. are included on the Tentative Tract Map (TTM 35181).
The City has reviewed these easements and the design of alternate easements.
and determined the type of improvements will not conflict with the easements
acquired by the public at large for access through or use of property within the
proposed subdivision.
H. The subdivision is consistent with the City's parkland dedications
requirements (Quimby);
The subdivision is consistent with the dedication requirement.
Section 3. Aooroval. The City Council hereby approves Planning Application
No. PA06-0370 consisting of a Tentative Tract Map to subdivide an approximate 84-
acre site into five parcels located at the northwest corner of Dendy Parkway and
Winchester Road (RN 909-370-018 and 909-370-032).
Section 4. Certification. The City Clerk shall certify to the adoption of this
Resolution. This Resolution shall take effect upon its adoption
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 25th day of September , 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 25th day of September , 2007, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING A DEVELOPMENT PLAN
TO CONSTRUCT A THREE-STORY, 608,934 SQUARE
FOOT INDUSTRIAL DISTRIBUTION BUILDING ON AN
APPROXIMATE 32-ACRE SITE GENERALLY LOCATED
AT THE NORTHWEST CORNER OF DENDY PARKWAY
AND WINCHESTER ROAD, AND A MINOR EXCEPTION
TO ALLOW FOR A ONE PERCENT BUILDING HEIGHT
INCREASE FROM 50' TO 50'8" (APN 909-370-018 AND
909-370-032) PLANNING APPLICATIONS NO. PA06-0369
AND PA07-0090
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Procedural Findinas. The City Council of the City of Temecula
finds and determines that:
A. On September 5, 2007, the Planning Commission recommended that the
City Council approve Planning Applications No. PA06-0369 and PA07-0090 that
consists of a Development Plan with a Minor Exception to construct a three-story,
608,934 square foot industrial distribution building on an approximate 32-acre site
generally located at the northwest corner of Dendy Parkway and Winchester Road, and
a Minor Exception to allow for a one percent building height increase from 50' to 50'8"
(APN 909-370-018 and 909-370-032) (the "Development Plan").
B. The Development Plan was processed in the time and manner prescribed
by State and local law.
C. On September 5, 2007, the Planning Commission held 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 the
Development Plan.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended that the City Council approve the
Development Plan.
E. On September 25, 2007, the City Council held a duly noticed public
hearing on the Development Plan 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 the Development Plan.
F. On September 25, 2007 the City Council adopted Resolution No. 2007-
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A MITIGATED NEGATIVE DECLARATION FOR THE
TEMECULA PROPERTIES LLC/PROFESSIONAL HOSPITAL SUPPLY PROJECT ON
AN 84-ACRE SITE LOCATED AT THE NORTHWEST CORNER OF DENDY
PARKWAY AND WINCHESTER ROAD AS A FUTURE SPECIFIC PLAN AREA (APN
909-370-018 AND 909-370-032) WHICH CONSISTS OF PLANNING APPLICATIONS
NO. PA07-0048, A GENERAL PLAN AMENDMENT, PA07-0220, A DEVELOPMENT
AGREEMENT; PA06-0370, A TENTATIVE MAP, AND PA06-0369 AND PA07-0090, A
DEVELOPMENT PLAN WITH A MINOR EXCEPTION."
G. At the conclusion of the City Council hearing and after due consideration
of the testimony and the administrative record, the City Council adopted this Resolution.
H. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findinas. The City Council, in approving the Development
Plan and Minor Exception hereby finds, determines and declares that:
Develooment Plan IDevelooment Code Section 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 project is consistent with the General Plan and the Development Code
because the project has been designed in a manner that it is consistent with the
applicable policies and standards for light industrial development. The proposed
industrial use is permitted in the land use designation standards contained in the
General Plan and Development Code. The site is properly planned and zoned.
and as conditioned. is physically suitable for the type of development proposed.
The project. as conditioned. is also consistent with other applicable requirements
of State law and local ordinances, including the California Environmental Quality
Act (CEQA), the Citywide Design Guidelines, and fire and building codes.
B. The overall development of the land is designed for the protection of the
public health, safety, and general welfare;
The overall design of the project, including site design, building height, setbacks,
parking, circulation, and other associated site improvements is intended to
protect the health and safety of those working in and around the site. The project
is 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.
Soecial Use Reaulations and Standards, Increase in Floor Area Ratio IDevelooment
Code Section 17.08.050.A.2)
A. The project includes a use which provides outstanding and exceptional
benefits to the City with respect to the employment, fiscal, social and economic needs of
the community;
The project provides exceptional fiscal and economical benefits to the City in that
Professional Hospital Supply (PHS) is a major employer within the City, as well
as a large generator of sales tax revenue. PHS has experienced substantial
growth and their continued growth and expansion within the City will help to meet
the fiscal and economic needs of the community. The proposed expansion site
requires a four percent floor area ratio increase for a state of the art distribution
facility and office headquarters large enough to accommodate future growth of
PHS operations.
Minor Exceotion IDevelooment Code Section 17.03.060.0\
A. There are practical difficulties or unnecessary hardships created by strict
application of the code due to the physical characteristics of the site;
There are practical difficulties related to the building construction and architecture
that make it difficult to meet the development standards for the Light Industrial
(LI) zone without the Minor Exception. In order to provide an appropriate ceiling
height for each of the office floors and visually screen roof top equipment the
cornice along the office portion of the building must be 50'8" in height. thus
requiring a one percent building height increase to meet the development
standards of the LI zone. Without the granting of the Minor Exception the
building would not meet the current standards, which poses a practical difficulty
and unnecessary hardship.
B. The Minor Exception does not grant special privileges which are not
otherwise available to surrounding properties and will not be detrimental to the public
welfare or the property of other persons located in the vicinity;
The Minor Exception does not grant special privileges which are not otherwise
available to surrounding properties because the exception is consistent with
Development Code. which allows for up to a 15 percent deviation from the LI
development standard. The request for the Minor Exception allows for the one
percent height increase of 8" and special privileges have not been granted which
are not otherwise available by meeting the findings within the Development
Code. The granting of this exception will not be detrimental to the public welfare
or property of other persons within the vicinity as the height increase is only for
the office portion of the building. which is only 14 percent of the entire building
footprint.
C. The Minor Exception places suitable conditions on the property to protect
surrounding properties and does not permit uses which are not otherwise allowed in the
zone;
The Minor Exception to increase the building height places suitable conditions on
the property to protect surrounding properties. The proposed project is for an
industrial building, which is permitted in the Light Industrial zone. The Minor
Exception will allow a one percent height increase. which will not allow for uses
which are not otherwise allowed in the zone.
Section 3. Aooroval. The City Council hereby approves Planning Applications
No. PA06-0369 and PA07-0900 consisting of a Development Plan with a Minor
Exception to construct a three-story, 608,934 square foot industrial distribution building
on an approximate 32-acre site generally located at the northwest corner of Dendy
Parkway and Winchester Road, and a Minor Exception to allow for a one percent
building height increase from 50' to 50'8" (RN 909-370-018 and 909-370-032).
Section 4. Certification. The City Clerk shall certify to the adoption of this
Resolution. This Resolution shall take effect upon its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 25th day of September , 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 25th day of September , 2007, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING A DEVELOPMENT
AGREEMENT BETWEEN TEMECULA PROPERTIES,
LLC, PROFESSIONAL HOSPITAL SUPPLY, INC., AND
THE CITY OF TEMECULA FOR AN APPROXIMATE 84-
ACRE SITE GENERALLY LOCATED AT THE
NORTHWEST CORNER OF DENDY PARKWAY AND
WINCHESTER ROAD IN THE CITY OF TEMECULA (APN
909-370-018 AND 909-370-032) PLANNING APPLICATION
NO. PA07 -0220
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Procedural Findinas. The City Council of the City of Temecula
finds and determines that:
A. On September 5, 2007, the Planning Commission recommended that the
City Council approve Planning Application No. PA07-0220, a Development Agreement
between Temecula Properties LLC, Professional Hospital Supply, Inc, and the City of
Temecula for an 84-Acre site located at the northwest corner of Dendy Parkway and
Winchester Road as a Future Specific Plan Area (APN 909-370-018 and 909-370-032)
(the "Development Agreement").
B. The Development Agreement was processed in the time and manner
prescribed by State and local law.
C. On September 5, 2007, the Planning Commission held 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 the
Development Agreement.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended that the City Council approve the
Development Agreement.
E. On September 25, 2007, the City Council held a duly noticed public
hearing on the Development Agreement 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 the Development Agreement.
F. On September 25, 2007 the City Council adopted Resolution No. 2007-
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A MITIGATED NEGATIVE DECLARATION FOR THE
TEMECULA PROPERTIES LLC/PROFESSIONAL HOSPITAL SUPPLY PROJECT ON
AN 84-ACRE SITE LOCATED AT THE NORTHWEST CORNER OF DENDY
PARKWAY AND WINCHESTER ROAD AS A FUTURE SPECIFIC PLAN AREA (APN
909-370-018 AND 909-370-032) WHICH CONSISTS OF PLANNING APPLICATIONS
NO. PA07-0048, A GENERAL PLAN AMENDMENT, PA07-0220 A DEVELOPMENT
AGREEMENT; PA06-0370, A TENTATIVE MAP, AND PA06-0369 AND PA07-0090, A
DEVELOPMENT PLAN WITH A MINOR EXCEPTION."
F. Following due consideration of the testimony received at the public
hearings and the administrative record, the City Council adopted this Ordinance.
G. All legal preconditions to the adoption of this Ordinance have occurred.
Section 2. Further Findinas. The City Council hereby finds and determines
that:
A. The Development Agreement is consistent with the objectives, policies,
general land uses, and programs specified in the City of Temecula General Plan and
each of its elements in that the Development Agreement makes reasonable provision
for the use of certain real property for industrial, commercial and residential
development.
B. The Development Agreement complies with the goals and objectives of
the Circulation Element of the General Plan, and the traffic impacts of the development
will be less than significant or substantially mitigated by the mitigation measures and
Conditions of Approval imposed.
C. The Project subject to the Development Agreement is compatible with the
uses authorized in, and the regulations prescribed for the zoning district in which the
property subject to the Development Agreement is located, and that this Development
Agreement is consistent with good planning practices by providing for the opportunity to
develop the property consistent with the General Plan.
D. The Development Agreement is in conformity with the public convenience,
general welfare, and good land use practice because it makes reasonable provision for
a balance of land uses compatible with the remainder of the City.
E. The Development Agreement will not be detrimental to and will promote
the health, safety, or general welfare of the community because it provides adequate
assurances for the protection thereof.
F. The benefits that will accrue to the people of the City of Temecula from
this legislation and this Development Agreement are expansion of an important local
employer that could bring additional employment opportunities to local residents.
G. The potential significant impacts to the environment from the project will
be mitigated to a less than significant level based upon the identified mitigation
measures.
Section 3. Approval The City Council of the City of Temecula hereby
approves that certain agreement entitled "Development Agreement Temecula
Properties, LLC" by and between the City of Temecula, Temecula Properties LLC, and
Professional Hospital Supply, Inc. ("Development Agreement"), in substantially the form
attached hereto as Exhibit A, with such changes to the Development Agreement as may
be mutually agreed upon by Temecula Properties, LLC, Professional Hospital Supply
and the City Manager and which are in substantial conformance with the form of such
Development Agreement attached hereto. The Mayor is hereby authorized to execute
the Development Agreement, including related exhibits and attachments on behalf of
the City. A copy of the final Agreement when executed by the Mayor and the other
parties shall be placed on file in the Office of the City Clerk.
Section 4. Authoritv of Citv Manaaer. The City Manager (or his designee), is
hereby authorized, on behalf of the City, to take all actions necessary and appropriate to
carry out and implement the Development Agreement and to administer the City's
obligations, responsibilities and duties to be performed under the Development
Agreement, including but not limited to, approval and execution on behalf of the City of
acceptances, certificates, certificates of completion and such other implementing
agreements and documents as contemplated, necessary or described in the
Development Agreement.
Section 5. Certification. The City Clerk shall certify to the adoption of this
Resolution. This Resolution shall take effect upon its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 25th day of Sept ember, 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 07- was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 25th day of September,
2007, and that thereafter, said Ordinance was duly adopted by the City Council of the City
of Temecula at a meeting thereof held on the 25th day of September, 2007, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Temecula
43200 Business Park Drive
P.O. box 9033
Temecula, California 92589-9033
Attn: City Clerk
Exempt from recording fees pursuant to Govt. Code Section 27383
(Space above for recorder's use)
DEVELOPMENT AGREEMENT
TEMECULA PROPERTIES, LLC
THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into as of
[DATE], by and between the TEMECULA PROPERTIES, LLC, a California limited liability
company (hereinafter "OWNER"), PROFESSIONAL HOSPITAL SUPPLY, INC., a California
corporation (hereinafter "PHS"), 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 (the
"Development Agreement Legislation") and Article XI, Section 2 of the California Constitution.
RECIT ALS
This Agreement is predicated upon the following facts:
A. These Recitals refer to and utilize terms that are separately defined by Section 1
or by other Sections of this Agreement. It is the intent of the parties that these words shall have
the same meaning in these Recitals as they do in the Agreement.
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 for the following purposes:
1. Ensuring high quality development in accordance with comprehensive
plans;
2. Reducing uncertainty in the development approval process that might
otherwise result in a waste of resources, discourage investment, and escalate the cost of
development to the consumer;
3. Strengthening the CITY's comprehensive planning process to provide for
the most efficient use of public and private resources by encouraging private participation in the
comprehensive planning process;
946783.6 Final 9/18/07
1
4. Assuring owners of land that upon approval, they may proceed with their
projects in accordance with defined policies, rules, regulations, and conditions of approval; and
5. Providing for the financing and/or construction of necessary public
facilities.
C. In addition to the general purposes stated above, the following are among the
considerations supporting this Agreement:
1. This Agreement authorizes OWNER to develop an approximately eighty-
four (84) acre property located within the CITY of Temecula, the County of Riverside, State of
California (the "Property"), described in Exhibit "A" with a potential mixture of industrial,
commercial retail, office, high density residential, and public institutional facility uses, as further
defined in this Agreement.
2. This Agreement will provide for both parties: (a) a high quality
development on the Property subj ect to this Agreement; (b) certainty in the type of development
to be undertaken on the Property; and (c) the assurance of adequate public facilities to ensure the
good of the community regardless of the CITY's legal authority to impose such requirements
under constitutional or statutory authority.
3. For the CITY, this Agreement serves to provide for: (a) employment
growth anticipated to result from the Development of the Property, both during construction and
use; (b) an increase in tax revenues anticipated to result from the Development of the Property;
and (c) the achievement of the goals and directives of its General Plan.
4. The development of new commercial facilities and offices is an integral
part of OWNER's development plans for the Property. Such facilities are expected to bring
employment and generate sales tax revenue for the CITY.
5. OWNER will co-operate in facilitating the Western By-Pass. The CITY is
planning for the design, financing, and construction ofthe Western By-Pass. At this time the
CITY contemplates, but has not approved, a financing mechanism, such as but not limited to an
assessment district or a community facilities district, by which the Western By-Pass will be
funded with Transportation Uniform Mitigation Fees ("TUMF") and grant funds and the
properties benefited by the Western By-Pass would pay their fair share of the costs not covered
by TUMF or grant funds with credits for appropriate TUMF contributions. OWNER obligations
under applicable law will require a substantial payment ofTUMF. Any provision of this
Agreement to the contrary notwithstanding, this Agreement does not impose any duty upon
OWNER to vote in favor of or join in the formation of a community facilities district or similar
entity for financing all or any part of the Western By-Pass. In the event ofthe formation of a
community facilities district or similar entity that includes the Property for financing all or any
part of the Western By-Pass, OWNER shall receive credits against its obligation to pay TUMF
and/or other fees and/or assessments related to transportation. In the event OWNER has
previously thereto paid TUMF fees and the Property becomes subject to the payment of special
assessments or similar impositions by virtue of being included in a community facilities district
or similar financing entity, then OWNER shall be entitled to a credit against any such special
946783.6 Final 9/18/07
2
assessments and/or similar impositions in the amount of the said TUMF fees previously paid on
account of the Property.
D. OWNER desires to develop the Property in accordance with the provisions of this
Agreement, the Applicable Regulations, and those other agencies exercising jurisdiction over the
Property.
E. OWNER has applied for, and the CITY has approved, this Agreement in order to
create beneficial development of the Property and a physical environment that will conform to
and complement the CITY's goals, create development sensitive to human needs and values,
facilitate efficient traffic circulation, and otherwise provide for the development of the Property
in accordance with the best interests ofthe CITY.
F.
Project:
The following actions have been taken with respect to this Agreement and the
1. On September 4, 2007, following a duly noticed and conducted public
hearing, the CITY Planning Commission recommended that the CITY Council approve this
Agreement;
2. On September 25, 2007 after a duly noticed public hearing and pursuant to
the California Environmental Quality Act of 1970, as amended, ("CEQA") the CITY Council
adopted Resolution 2007-_ approving the Mitigated Negative Declaration for the Project
Approvals, this Agreement, and the Proj ect;
3. On September 25,2007, following a duly noticed public hearing, the City
Council introduced Ordinance No. 2007- and on October 9,2007 held the second reading
and adopted Ordinance No. 2007- approving this Agreement, a copy of which is on file in
the CITY Clerk's Office at the CITY, which ordinance includes the findings pertaining thereto,
including those relating to the CEQA documentation for the Project and this Agreement's
consistency with the CITY's General Plan and each element thereof and any specific plans
relating to the property.
4. On September 25,2007, after a duly noticed public hearing, the City
Council adopted to following resolutions approving certain entitlements for the Project (the
"Project Approvals"): (1) Resolution No. 07-_ approving Planning Application No. PA07-
0048 General Plan Amendment; (2) Resolution No. 07- approving Planning Application
No. 06-370 Tentative Tract Map TTM 35181; (3) Resolution No. 07- approving Planning
Application No. PA06-0369 Development Plan; (4) Resolution No. 07- approving Planning
Application No. PA07-0090 Minor Exception.
G. The CITY has engaged in extensive studies and review of the potential impacts of
the Project as well as the various potential benefits to the CITY by the Development of the
Project and has concluded that the Project is in the best interests of the CITY.
H. In consideration of the public improvements and beneficial uses of the Property to
be provided by OWNER for the CITY and in order to strengthen the planning process for this
Property and reduce the economic costs of development, by this Agreement, the CITY intends to
946783.6 Final 9/18/07
3
give OWNER assurance that OWNER can proceed with the Development of the Property for the
Term of this Agreement pursuant to the terms and conditions of this Agreement and in
accordance with the Project Approvals and CITY's Applicable 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 costs in site preparation and the construction and
installation of major infrastructure and facilities in order to make Development ofthe Property
feasible.
1. Pursuant to Section 65867.5 of the Development Agreement Legislation, the
CITY Council has found and determined that: (i) this Agreement implements the goals and
policies of the CITY's General Plan, provides balanced and diversified land uses, and imposes
appropriate standards and requirements with respect to land development and usage in order to
maintain the overall quality oflife and the environment within the CITY; (ii) this Agreement is
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 each element thereof and any applicable specific 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 Government Code Section 65867 of the Development
Agreement Legislation.
J. OWNER and Professional Hospital Supply, Inc. ("PHS") have entered into an
agreement providing for the lease of the PHS Property to PHS (as defined in Section 1.14) along
with an option for PHS to purchase the PHS Property from OWNER for the development of the
PHS Facility. A memorandum of this agreement is recorded in the Riverside County Recorder's
Office as Document No. 2007-
AGREEMENT
NOW, THEREFORE, pursuant to the authority contained in the Development
Agreement Legislation, as it applies to the CITY, 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 and
for the further consideration described in this Agreement, the parties agree as follows:
1. Definitions. The following words and phrases are used as defined terms
throughout this Agreement and each defined term shall have the meaning set forth below.
No. 2007-
Agreement.
1.1. Authorizing Ordinance. The "Authorizing Ordinance" means Ordinance
adopted by the CITY on , 2007 approving this
1.2. Applicable Regulations. The phrase "Applicable Regulations" is defined
in Section 3.1.2 below.
1.3. CITY. The "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.
946783.6 Final 9/18/07
4
1.4. CITY Council. "CITY Council" means the duly elected and constituted
CITY Council of the CITY.
1.5. Develooment. "Development" means the improvement of the Property for
purposes consistent with this Agreement, including, without limitation: grading, the construction
of infrastructure and public facilities related to the Off-Site Improvements and on-site
improvements, the construction of structures and buildings and the installation of landscaping.
1.6. Develooment Agreement Legislation. The "Development Agreement
Legislation" means Sections 65864 through 65869.5 of the California Government Code as it
exists on the Effective Date.
1.7. Effective Date. "Effective Date" means the date that the Agreement
becomes effective in accordance with Section 2.3.1, below.
1.8. Future Develooment Aoorovals. "Future Development Approvals" means
those entitlements and approvals contemplated, necessary, and requested by the CITY or
OWNER to cause development to occur upon the Property after the Effective Date.
1.9. Off-Site Imorovements. "Off-Site Irllprovements" means the
improvements set forth on Exhibit B.
1.10. OWNER. "OWNER" shall mean TEMECULA PROPERTIES, LLC, a
California limited liability company, and all successors in interest, in whole or part, to this entity
with respect to that portion of the Property other than the PHS Property, and PROFESSIONAL
HOSPIT AL SUPPLY, INC. and all successors in interest, in whole or part, to this entity with
respect to the PHS Property.
1.11. Intentionallv Omitted
1.12. PHS "PHS" shall mean Professional Hospital Supply, Inc.
1.13 PHS-Related Transferee "PHS-Related Transferee" shall mean an
affiliated entity of PHS nominated to hold the PHS Property for the use and development of the
business of PHS.
1.14. PHS Property. "PHS Property" shall mean the approximately 36.96 acres
of the Property which OWNER has leased to PHS with an option to purchase and which is
further described and depicted on Exhibit C, and more particularly described as Lot 4 of
Tentative Tract Map No. 35181.
1.15. Proiect. "Project" shall mean Development of the Property for industrial,
commercial, retail, offices, high-density residential and public institutional facility uses in
accordance with the Project Approvals and this Agreement, inclusive ofthe permitted uses and
regulations set forth herein.
1.16. Proiect Aoorovals. The phrase "Project Approvals" as used herein shall
mean all City approvals, entitlements, or both pertaining to the Project, including without
946783.6 Final 9/18/07
5
limitation, the following resolutions approving certain entitlements for the Project: (1)
Resolution No. 07-_ approving Planning Application No. PA07-0048 General Plan
Amendment; (2) Resolution No. 07- approving Planning Application No. 06-370 Tentative
Tract Map TTM 35181; (3) Resolution No. 07- approving Planning Application No. P A06-
0369 Development Plan; (4) Resolution No. 07- approving Planning Application No. PA07-
0090 Minor Exception.. The Parties will cooperate in good faith in the adoption of a Planned
Development Ordinance if and when the OWNER applies for the same.
1.17. Prooertv. "Property" shall mean the property depicted and described in
Exhibit A.
1.18. Public Imorovements. "Public Improvements" shall mean the Off-Site
Improvements described on Exhibit B.
1.19. Transferee. The person to whom the OWNER sells, assigns or otherwise
transfers all or any portion of OWNER's interests in the Property together with all its right, title
and interest in this Agreement in accordance with Section 2.5 ofthis Agreement.
1.20. Western Bv-Pass. "Western By-Pass" shall mean that road described on
Exhibit E.
2. General Provisions.
2.1. Binding Covenants. The provisions of this Agreement, to the extent
permitted by law, constitute covenants that 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
and all successors in interest to the parties hereto.
2.2. Interest of OWNER. OWNER represents that OWNER has a legal or
equitable interest in the Property that satisfies California Government Code Section 65865(b).
2.3. Term. This Agreement shall become effective on the Effective Date, and
shall have a term (the "Term") often (10) consecutive calendar years, commencing upon the
issuance by the CITY of a Certificate of Occupancy for the building to be constructed on the
PHS Property, subject to specific extensions, revisions, and termination provisions of this
Agreement. When the Term has been determined, the parties shall execute and record an
Operating Memorandum pursuant to Section 2.6.4 of the Agreement that will confirm the Term.
The termination of this Agreement pursuant to this Section shall not affect any right or duty
arising independently from entitlements issued by the CITY or other land use approvals
approved prior to, concurrently or subsequent to the approval of this Agreement, except as may
be provided in this Agreement. The zoning of the Property at the time of termination pursuant to
this Section shall be the zoning in effect at the time of termination.
2.3.1 Effective Date. This Agreement shall become effective only after
both: (1) the Authorizing Ordinance becomes effective; and (2) the OWNER either sells the PHS
Property to PHS or leases the PHS Property to PHS for a term of not less than eight years. The
Effective Date shall be the date on which the later of these two events occurs. When the parties
946783.6 Final 9/18/07
6
determine the Effective Date, they shall execute and record an Operating Memorandum pursuant
to Section 2.6.4 of the Agreement confirming the Effective Date.
2.4. Termination. This Agreement may be terminated by either party upon
notice to the other upon the occurrence of any of the following events: (I) if termination occurs
pursuant to any specific provision of this Agreement; or (2) 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 for any part of the Project. The termination of this Agreement
pursuant to this Section shall not affect any right or duty arising independently from entitlements
issued by the CITY or other land use approvals approved prior to, concurrently or subsequent to
the approval ofthis Agreement, except as may be provided in this Agreement. The zoning of the
Property at the time of termination pursuant to this Section shall be the zoning in effect at the
time of termination.
2.5. Transfers and Assignments.
2.5.1. Restrictions on Transfers. With the exception of the sale or lease
of the PHS Property to PHS required for this Agreement to go into effect, OWNER shall not sell,
assign, or otherwise transfer all or any portion of its interests in the Property together with all its
right, title and interest in this Agreement, or the portion thereof which is subject to the
transferred portion of the Property, to any Transferee until such time as the Public Improvements
have been accepted by the CITY Council unless the CITY has approved the transfer prior to its
completion. CITY shall not umeasonably withhold or unreasonably delay consent to the transfer
provided that: (1) the Transferee has specifically assumed in writing the obligations, or a portion
of the obligations of the OWNER, to design, construct, install and finally complete the Public
Improvements for the Property; (2) the Transferee has the experience and financial capacity to
complete the Public Improvements; and (3) the Transferee has obtained replacement bonds,
accepted by the CITY for the Public Improvements (in which event, the City shall release the
OWNER's corresponding Public Improvement bonds). In the event of any sale, assignment, or
other transfer pursuant to this Section 2.5, (i) OWNER shall notify the CITY within twenty (20)
days prior to the transfer of the name of the Transferee, together with the corresponding
entitlements being transferred to such Transferee and (ii) the agreement between OWNER and
Transferee pertaining to such transfer shall provide that the Transferee shall be liable for the
performance of those obligations of OWNER under this Agreement which relate to the
Transferred Property, if any, or shall confirm that the OWNER and all Transferees shall remain
jointly liable for the design and construction of Public Improvements pursuant to this Agreement.
2.5.2. Rights and Duties of Successors and Assigns. Any, each and all
successors and assigns of OWNER shall have all of the same rights, benefits, duties and
obligations of OWNER under this Agreement. All entities holding title to a portion of the
Property shall be jointly liable for the design and construction of the Public Improvements for
that portion of the Property as set forth in this Agreement, except as provided in this Agreement
or as may be modified in an Operating Memorandum pursuant to Section 2.6.4. Notwithstanding
this Section or any other provisions of this agreement, no Transferee of the PHS Property shall
be responsible for the design or construction of any Public Improvements (or any portion
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7
thereof) except those that bear a direct relationship, i.e., "nexus" to the Development of the PHS
Property.
2.6. Amendment of Develooment Agreement.
2.6.1. Initiation of Amendment. Any party may propose an amendment
to this Agreement and both parties agree that it may be beneficial to enter into additional
agreements or modifications of this Agreement in connection with the implementation of the
separate components of the Project.
2.6.2. Procedure. Except as set forth in Section 2.6.4 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.
2.6.3. Consent. Except as expressly provided in this Agreement, any
amendment to this Agreement shall require the written consent of both parties. No amendment
to all or any provision of this Agreement shall be effective unless set forth in writing and signed
by duly authorized representatives of each of the parties.
2.6.4. Ooerating 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 those items covered in general terms under
this Agreement. If and when the parties mutually find that changes, adjustments, or
clarifications are appropriate to further the intended purposes of this Agreement, 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 parties, which, after execution, shall be attached hereto as addenda and become a part hereof
and may be further changed and amended from time to time as necessary, with further approval
on behalf of the CITY by the CITY Manager, or such person designated in writing by the CITY
Manager, and by any corporate officer or other person designated for such purpose in a writing
signed by a corporate officer on behalf of OWNER. Unless otherwise required by law or by this
Agreement, no such changes, adjustments, or clarifications shall require prior notice or hearing,
public or otherwise.
2.7. Term ofMao(s) and Other Proiect AODrovals. Pursuant to California
Government Code Sections 66452.6(a) and 65863.9, the term of any subdivision or parcel map
that has been or in the future may be processed for all or any portion of the Property and the term
of each of the Project Approvals shall be deemed extended without further required action for a
period of time through the scheduled termination date of this Agreement as set forth in Section
2.3 above if such map or Project Approval would otherwise have expired prior thereto.
2.8. Amendments to Proiect Aoorovals. It is contemplated by CITY and
OWNER that OWNER may, from time to time, seek amendments to one or more ofthe Project
Approvals. Any such amendments are contemplated by CITY and OWNER as being within the
scope of this Agreement as long as they are consistent with the Applicable Regulations and shall,
upon approval by CITY, continue to constitute the Project Approvals as referenced herein. The
946783.6 Fina19/18/07
8
parties agree that any such amendments shall not constitute an amendment to this Agreement nor
require an amendment to this Agreement.
2.9. Infrastructure Phasing Flexibilitv. Notwithstanding the provisions of any
phasing requirements in the Project Approvals, OWNER and CITY recognize that economic and
market conditions may necessitate changing the order in which the infrastructure is constructed
so long as the modification continues to ensure adequate infrastructure is available to serve that
portion of the Project being developed. Therefore, CITY and OWNER hereby agree that should
it become necessary or desirable to develop any portion of the Project's infrastructure in an order
that differs from the order set forth in the Project Approvals, OWNER and CITY shall
collaborate in a good faith effort to agree upon any reasonable modification requested by
OWNER provided, however, that any modification to the order of construction of the
infrastructure as provided in this Agreement and the Project Approvals shall be approved by the
OWNER and CITY in an Operating Memorandum.
3. Develooment of the Prooertv.
3.1. Develooment and Control ofDevelooment.
3.1.1. Control of Develooment. While this Agreement is in effect,
OWNER shall have the vested right to develop the Property pursuant to and in accordance with
the Applicable Regulations pursuant to this Agreement, including, without limitation, specific
uses, densities, and types of Development provided for in the Applicable Regulations, and the
CITY shall have the right to control the Development in accordance with the terms and
conditions ofthis Agreement, the Project Approvals and all Applicable Regulations. Except as
otherwise specified in the Project Approvals and this Agreement, the Applicable Regulations
shall control the design and Development, Future Development Approvals and all Off-Site
Improvements and appurtenances in connection therewith. The Applicable Regulations are only
those written rules, policies, ordinances, and resolutions described in Section 3.1.2.1 below.
OWNER and CITY shall use reasonable efforts to compile the Applicable Regulations in a
permanent written form, which shall be kept on file in the Office of the CITY Clerk with a copy
to each party.
3.1.2. Aoolicable Regulations. The regulations applicable to the
Development of the Property shall consist of the following requirements ("Applicable
Regulations").
3.1.2.1. General Develooment Regulations. Except as
otherwise specified in this Agreement, the ordinances, rules, regulations and official policies
governing the permitted uses of the Property, including but not limited to the permitted density
and intensity of use, provisions for reservation or dedication of land for public purposes, and the
design, improvement, and construction standards and specifications applicable to Development
of the Property shall be those ordinances rules, regulations, and official policies as they exist on
the Effective Date.
3.1.2.2. Uses. OWNER shall develop the Property for
industrial, commercial, retail, high-density residential, and public institutional facility uses, in
946783.6 Final 9/18/07
9
accordance with the specific matrix of permitted uses set forth in Exhibit "F" attached hereto.
No other uses shall be allowed on the Property unless otherwise authorized by this Agreement,
the Project Approvals, or the Applicable Regulations.
3.1.2.3. Multi-Familv Parcel- Affordable Housing. The
following affordable housing requirements shall be applicable to the "Multi-Family Parcel" (as
designated hereinafter):
1. Multi-Familv Parcel. Any multi-family residential uses on the 12
acre parcel on the east side of the Property, as described on Exhibit F ("Multi-
family Parcel"), shall include an affordable housing component in accordance
with this Section.
2. For Sale/For Rent - Moderate Income Requirements. Not less
than twenty percent (20%) of the units developed in each phase of Development
of the Multi-family Parcel shall be restricted for sale at Affordable Housing Cost
to Persons or Families of Moderate Income or for rent to Persons or Families of
Moderate Income at Affordable Rent.
3. Term of Affordable Housing Requirements. The affordable
housing requirements for each unit on the Multi-family Parcel shall be in effect
for a period of not less than fifty-five (55) years from the date of the certificate of
occupancy for the unit.
4. Regulatorv Agreement. The restrictions set forth in this Section as
well as the means to implement this Section, including, but not limited to,
designation of the affordable housing units, marketing and outreach procedures,
procedures for verifying qualified buyers or renters, restrictions on subsequent
sales and rentals, lender consent and subordination, and other necessary
implementation provisions shall be set forth in a Regulatory Agreement approved
by the CITY and OWNER and which Regulatory Agreement shall be recorded
prior to the issuance of the first building permit for the Multi-family Parcel.
5. Definitions. "Persons or Families of Moderate Income" shall be
defined for the purposes of this Agreement as such term is defined in Section
50093 of the California Health and Safety Code or its successor statute.
"Affordable Housing Cost" shall be defined for the purposes of this Development
Agreement as such term is defined in Section 50052.5 of the California Health
and Safety Code or its successor statute. "Affordable Rent" shall be defined for
the purposes of this Agreement as such term is defined in Section 50053 of the
California Health and Safety Code or its successor statute.
3.1.2.4. Uniform Building Codes. Development of the
Property shall be subject to such uniform building codes and fire codes as may be adopted by the
CITY pursuant to Chapter 15.04 and 15.16 of the Temecula Municipal Code, in effect as ofthe
date the building plans are submitted to the CITY for plan check and approval of the building
permit.
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10
3.1.2.5 Floor Area Ratio for PHS Property The Floor Area
Ratio for the PHS Property shall not exceed forty- five percent (45%). This Section 3.1.2.5 shall
be effective only upon the close of escrow of a sale or lease of the PHS Property to PHS or a
PHS-Related Transferee. If the PHS Property is not sold or leased to PHS or a PHS-Related
Transferee, then the provisions of the Temecula Municipal Code on the effective date of this
Agreement pertaining to floor area ratios shall govern the PHS Property
3.1.2.6. Final Map Approval OWNER agrees the CITY
shall not be required to approve the Final Map for Tentative Map No. 35181 in the event that the
OWNER fails to meet or perform any or all of the material requirements of this Agreement
pertaining to the physical development of the Property.
3.1.2.7
Limitation on PHS Property Vested Rights
The parties agree that the public benefits of this Agreement to the CITY which enhance the
public health, safety and welfare are dependent on a successful conveyance of the PHS Property
to PHS or a PHS-Related Transferee for the development and operation of a facility for PHS's
business. The parties further agree that it is the particular uses of the PHS Property as a facility
for PHS's business that justifies the modifications to current zoning and subdivision standards
for the PHS Property as provided in this Agreement. Therefore, the parties agree that the rights
to develop the PHS Property in accordance with the requirements for Lot 4 of Tentative Tract
Map No. 35181 shall become vested rights under this Agreement only upon and conditioned
upon the closing ofthe sale or lease of the PHS Property to PHS or a PHS-Related Transferee for
the development of PHS's Temecula Facility as described in the Deferral Agreement. In the
event the OWNER seeks to develop the PHS Property for a user other than PHS's Temecula
Facility, the CITY shall have the right to condition the Future Development Approvals for the
non-PHS development with such conditions related to slopes and access points as the CITY
deems appropriate even if such conditions may be inconsistent with the slopes and access points
for the PHS Property as shown on that portion of Tentative Map No. 35181 designated as Lot 4.
3.1.2.8. Subsequent Approvals. In connection with any
Future Development Approval or action which the CITY is permitted or has the right 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 this Agreement and such other standards,
terms and conditions contained in this Agreement. Upon CITY's granting any Future
Development Approval, such Future Development Approval shall become part of the Project
Approvals.
3.1.2.9 Development Phasing. No building permits shall be
issued for the that portion of the Property other than the PHS Property until such time as a
building permit has been issued for the facilities to be constructed on the PHS Property pursuant
to the Project Approvals.
3.1.3. Imoact Fees.
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11
3.1.3.1. Develooment Imoact Fees. The presently adopted
Development Impact Fees ("DIF"), as defined in Chapter 15.04 of the Temecula Municipal
Code, and the rates of the DIF as set forth in Resolution No. 03-63, shall be the DIF and DIF
rates to be imposed upon parcels within the Property for the entire Term during which this
Agreement is in effect and shall be those rates in effect on the Effective Date. Resolution No.
03-63 is attached hereto as Exhibit G, and is hereby incorporated by reference. The DIF and the
DIF rates shall apply only to the CITY's development impact fees and not to the TUMF, any
similarly regional impact fees described in Section 3.1.3.2 of this Agreement or to any other
development impact fees imposed by another governmental agency not under the control,
directly or indirectly, of the CITY. OWNER shall be entitled to such credits as might be
available pursuant to the terms of Chapter 15.04 or other provisions of the Applicable
Regulations and this Agreement.
3.1.3.1.1 All persons or entities holding title or
interest in any portion of the Property, including any, each, and all successors and assigns of
OWNER shall be separately responsible for payment of any and all DIP for that portion of the
property developed by such person or entity. Notwithstanding this Section or any other
provision of this Agreement, the OWNER and any PHS-related Transferee of the PHS Property
shall not be required to pay DIP related to the Development of the PHS Property, it being agreed
that the payment of DIP in connection with the Development of the PHS Property by PHS shall
be subject to the Deferral Agreement between the CITY and PHS and described in Section 3.1.6
of this Agreement.
3.1.3.2. TUMF Fees. The presently adopted Transportation
Uniform Mitigation Fee, as defined in Chapter 15.08 ofthe Temecula Municipal Code, any
future similar regional development impact fee, or any other development impact fees imposed
by another governmental agency shall be imposed upon Development within the Property at the
rate in effect as of the date of issuance of each building permit for the Property. OWNER shall
be entitled to such credits as might be available pursuant to the terms of Chapter 15.08 or the
terms of the future allowable fees. Notwithstanding this Section 3.1.3.2, any regional
development impact fee that CITY has the discretion to adopt or not adopt, similar to the TUMF
or other existing regional fees, shall, if adopted by CITY, not be applicable to the OWNER or the
Property.
3.1.3.3. Aoolication/Processin2: Fees. OWNER shall pay
the application and processing fees customarily imposed on the type of entitlement and/or permit
sought at the rate, and in the amount, imposed by CITY pursuant to the fee schedule, resolution
or ordinance in effect at the time the application is deemed complete and accepted by CITY for
action, which fees are designed to reimburse CITY's expenses attributable to processing such
applications for entitlements, permits, or both.
3.1.4. Timin2: of Develooment. Except as set forth in Agreement,
regardless of any future enactment, by initiative, or otherwise, OWNER shall have the discretion
to develop the Property 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 permits, maps, occupancy
certificates, and other entitlements to develop and use the Property at any time, provided that
946783.6 Final 9/18/07
12
such application is made in accordance with this Agreement and the Applicable Regulations.
The parties hereto expressly reject the holding of Pardee Construction Company v. City of
Camarillo, 37 Cal. 3d 465 (1984), as regards any authority regulating the phasing of
Development and construction on the Property.
3.1.5. Permits and Aoorovals - Coooeration. CITY further agrees to
reasonably cooperate with OWNER, at no cost to CITY, in securing any County, State and
Federal permits or authorizations which may be required in connection with Development
contemplated by OWNER, including without limitation such permits, approvals, and/or consents
required by the MSHCP, as more fully set forth in Section 4.1.11, below. This cooperation shall
not entail any economic contribution by the CITY. The CITY will process all land use
applications, plans, maps, CEQA documents (to the extent required), permits, construction
inspection and related documents expeditiously; provided, however, the CITY will not charge
additional fees relating to such expeditious processing. Without limiting the foregoing, the
parties agree to use their respective good faith efforts to substantially conform to the processing
and approval schedule attached as Exhibit "H".
3.1.6. Concurrently with the approval of this Agreement, CITY and PHS
entered into an Operating Covenant Agreement (the "Deferral Agreement"). CITY hereby
recognizes that OWNER is the same party as identified as "Developer" in the Deferral
Agreement and that OWNER is deemed by CITY to be a third party beneficiary of the Deferral
Agreement to the extent the Deferral pertains to the Developer. Article 1.15 of the Deferral
Agreement defines "Fee Waiver" as "a credit or reimbursement, as applicable, from the City to
PHS or the Developer, as applicable, in the amount of Two Million Dollars ($2,000,000) towards
any City fees or costs payable or reimbursable by the Developer or PHS, as applicable, including
any development impact, plan check, application, environmental review, permit or similar fees
and costs, regarding development of the Temecula Facility. The projected fees and amounts that
will be waived by the City are set forth in Exhibit 'A' attached to this [Deferral] Agreement."
Without limiting the generality of the foregoing, the parties expressly incorporate herein the
provisions of Article 4.1 of the Deferral Agreement which provide "Following the Effective
Date, on each date on which any City fees or reimbursable costs are payable by the Developer or
PHS regarding development of the Temecula Facility, in consideration for PHS' performance of
its obligations pursuant to this Agreement, the City shall credit such amount to the Developer or
PHS, as applicable, until the full amount of the Fee Waiver has been credited. If the Developer
or PHS pays any City fees or reimburses any City costs regarding development of the Temecula
Facility prior to the Effective Date, the City shall reimburse the amount of any such payment in
full to the Developer or PHS, as applicable, within fifteen (15) days following the Effective Date,
and any amount so reimbursed shall be counted towards the total amount ofthe Fee Waiver."
3.2. Reserved Authoritv.
3.2.1. State and Federal Laws and Regulations. In the event that State or
Federal laws or regulations prevent or preclude compliance with one or more of the provisions of
this Agreement, such provisions of this Agreement shall be modified or suspended as may be
necessary to comply with such State or Federal laws or regulations; provided, however, that this
Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws
or regulations and to the extent such laws or regulations do not render such remaining provisions
946783.6 Final 9/18/07
13
impractical to enforce. Notwithstanding the foregoing, the CITY shall not adopt or undertake
any regulation, program or action, or fail to take any action which is inconsistent or in conflict
with this Agreement until the CITY makes a finding that such regulation, program action or
inaction is required (as opposed to permitted) to comply with such State and Federal laws or
regulations after taking into consideration all reasonable alternatives.
3.2.2. Reeulation for Health and Safetv. Notwithstanding anything to the
contrary in this Agreement, the CITY shall have the right to apply the CITY regulations
(including amendments to the Applicable Regulations) adopted by the CITY after the Effective
Date, in connection with any Future Development Approvals, or deny, or impose conditions of
approval on any Future Development Approvals if CITY determines that the failure of CITY to
make such application or to deny, or impose conditions of approval on any future Development
Approvals would place the residents or occupants of the Property or the residents of the CITY ,
or both, in a condition dangerous to their safety, health, or both.
3.3. Vested Riehts. By entering into this Agreement and relying thereon,
OWNER is obtaining the vested rights to proceed with the Development of the Property in
accordance with the terms and conditions of this Agreement. By entering into this Agreement
and relying thereon, the CITY is securing certain public benefits which enhance the public
health, safety and welfare, a partial listing of which benefits is set forth in Recital C above.
3.4. No Conflictine Enactments. Except as otherwise provided by this
Agreement, neither the CITY Council nor any other agency ofthe CITY shall enact a rule,
regulation, ordinance, or other measure (collectively "law") applicable to the Property that is
inconsistent or conflicts with the terms ofthis Agreement. By way of example, any law, whether
by specific reference to this Agreement or otherwise, shall be considered to conflict if it limits or
reduces the density or intensity of Development as regulated by the Applicable Regulations and
Project Approvals or otherwise requires any reduction or increase in the number, size, or square
footage oflot(s), structures, buildings, or other improvements, except as provided in Section 3.2.
3.4.1. Moratorium. It is the intent of OWNER and the CITY that no
moratorium or other limitation (whether relating to the Development of all or any part of the
Project and whether enacted by initiative or otherwise) affecting parcel or subdivision maps
(whether tentative, vesting tentative, or final), site development permits, precise plans, site
development plans, building permits, occupancy certificates, or other entitlements to use
approved, issued, or granted within the CITY, or portions of the CITY, shall apply to the Project
to the extent such moratorium or other limitation would restrict OWNER's right to develop the
Property as provided by this Agreement in such order and at such rate as OWNER deems
appropriate as limited or regulated by this Agreement. The CITY agrees to reasonably cooperate
with OWNER in order to keep this Agreement in full force and effect. In the event of any legal
action instituted by a third party or other governmental entity or official challenging the validity
of any provision of this Agreement, the parties hereby agree to reasonably cooperate in
defending such action. In the event of any litigation challenging the effectiveness of this
Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such
litigation, including any appellate review, is pending. The filing of any third party lawsuit(s)
against CITY or OWNER relating to this Agreement, the Project Approvals or to other
946783.6 Final 9/18/07
14
development issues affecting the Property shall not delay or stop the Development, processing,
or construction of the Project, unless the third party obtains a court order preventing the activity.
3.4.2. Consistency Between this Agreement and Current Laws. The
CITY represents that at the Effective Date there are no rules, regulations, ordinances, policies, or
other measures of the CITY in force that would interfere with the Development and use of all or
any part of the Property according this Agreement. In the event of any inconsistency between
any Applicable Regulation, Project Approval, and this Agreement, the provisions of this
Agreement shall control.
3.5. Reimbursement. Nothing in this Agreement shall preclude CITY and
OWNER from entering into any reimbursement agreements for the portion (if any) of the cost of
any dedications, public facilities, infrastructure, or any of these that CITY may require as
conditions of the Project Approvals, to the extent that they are in excess of those reasonably
necessary to mitigate the impacts of the Project.
3.6. Acquisition of Right of Way for Off-Site Imorovements. To the extent the
OWNER does not have sufficient title or interest in the real property required for the
construction or installation of an Off-Site Improvement, the OWNER shall make a good faith
effort to acquire the required property in a timeframe calculated to allow for the orderly
Development of the Project. If, following this effort, the OWNER is unable to acquire the
required property; the OWNER may request that the CITY acquire the property pursuant to the
provisions of Government Code Section 66462.5. The CITY shall consider in good faith the
acquisition of the required property pursuant to an agreement in accordance with the provisions
of Government Code Section 66462.5. Both parties acknowledge and agree that the acquisition
of real property in accordance with the California Eminent Domain Law requires more time than
the suggested timeframes of Government Code Section 66462.5 allow and therefore, the parties
waive these time constraints and the Agreement shall so provide. The parties further
acknowledge and agree that the CITY cannot exercise its power of eminent domain unless and
until a Resolution of Necessity has been duly adopted by the CITY Council pursuant to law.
This Agreement is neither a commitment nor an announcement of an intent by the CITY to
acquire any or all of the property required for the Off-Site Improvements.
3.7. Easements. In the event a Project Approval requires an easement to be
dedicated for pedestrian use, such an easement shall be permitted to include easements for
underground drainage, water, sewer, gas, electricity, telephone, cable, and other utilities and
facilities so long as they do not unreasonably interfere with pedestrian use.
4. Obligations of the Parties.
4.1. Western By-Pass. The parties agree that the public benefits of this
Agreement to the CITY which enhance the public health, safety and welfare are dependent on a
successful conveyance of the PHS Property to PHS for the development and operation of a
facility for PHS's business. The parties further agree that it is the particular uses of the PHS
Property as a facility for PHS's business that justifies the modifications to current standards and
funding options for the Western Bypass as provided in this Agreement for the Property and for
the PHS Property. Therefore, the parties agree that the provisions of Section 4.1 of this
946783.6 Final 9/18/07
15
Agreement shall be effective only upon and conditioned upon the closing of the sale or lease of
the PHS Property to PHS or a PHS-Related Transferee for the development of PHS's Temecula
Facility as described in the Deferral Agreement.
4.1.1. Status of Western Bv-Pass. The CITY is planning for the design,
financing, and construction of the Western By-Pass. At this time the CITY contemplates, but has
not approved, a financing mechanism, such as but not limited to an assessment district or a
community facilities district, by which the Western By-Pass will be funded with TUMF and
grant funds and in which the properties benefited by the Western By-Pass would pay their fair
share of the costs not covered by TUMF or grant funds with credits for appropriate TUMF
contributions. Any provision of this Agreement to the contrary notwithstanding, no provision of
this Agreement obligates OWNER, with respect to the Property, or PHS with respect to the PHS
Property to vote in favor of or join in the formation of a community facilities district or similar
entity for financing all or any part of the Western By-Pass.
4.1.2. ~onsent to Western Bv-Pass Financing Mechanism. Neither
OWNER, with respect to the Property, nor PHS, with respect to the PHS Property, shall be
required by this Agreement to consent to the establishment of a future financing mechanism,
such as, without limitation, an assessment district or community facilities district, for the
purposes of spreading the costs of financing construction of the Western By-Pass among those
property owners who will benefit from its construction. Nothing in this Agreement, however,
precludes the CITY or a related entity from initiating proceedings to form such a future financing
mechanism in accordance with applicable law.
4.1.3. participation in Western Bv-Pass Financing Mechanism. Neither
OWNER, with respect to the Property, nor PHS, with respect to the PHS Property, shall be
required by this Agreement to participate in the future financing mechanism for the Western By-
Pass except as may be required by law (and not by virtue of this Agreement). OWNER, with
respect to the Property, and PHS, with respect to the PHS Property, may, however, elect to
participate in the future financing mechanism for the Western By-Pass. Nothing in this
Agreement, however, precludes the CITY or a related entity from initiating proceedings to form
such a future financing mechanism in accordance with applicable law.
4.1.4. Construction of Western Bv-Pass as a Condition to Development.
Except as provided in Section 4.1.5, CITY shall not require that actual construction of the
Western By-Pass, or a portion thereof, be a condition precedent, a condition concurrent or a
condition subsequent to Future Development Approvals for the Property or the PHS Property. If
the City or other governmental agency designs and construct the Western By-Pass, the City or
such other agency shall be responsible for all costs associated with the Western By-Pass
including without limitation, roads, utilities, slopes, grading, retaining walls, and landscaping.
The CITY shall be responsible for all slopes, grading and retaining walls required to construct
the Western By-Pass as shown on Exhibit E. The OWNER shall be responsible for all grading,
slopes, and retaining walls required to construct Parcel 2, as shown on Exhibit E. The Owner
shall have the right to grade and develop Parcel 2 prior to construction of the Western By-Pass as
approved in Tentative Map No. 35181, as shown on Exhibit M, provided that the development of
Parcel 2 does not inhibit construction or potentially place additional costs upon the CITY or
other governmental entity for the future development of the Western Bypass.
946783.6 Final 9/18/07
16
4.1.5. Western Bv-Pass Connector Roads: On and Off Ramps. Provided
the Western By-Pass is actually constructed, OWNER shall, at its own expense, design, secure
rights of way, obtain all applicable governmental approvals and construct any approved
connector roads or on or off ramps and related improvements from the Property to the Western
By-Pass. CITY will use its good faith in evaluating and considering approval of a reasonable
request by OWNER of any connector roads or on or off ramps from the Property to the Western
By-Pass. Connector road construction costs shall include, without limitation, rights-of-way,
roads, utilities, slopes, grading, and retaining walls associated with such connector roads or on or
off ramps.
4.1.6. TUMF Credits and Reimbursements. In the event that OWNER
desires to construct a portion of the Western By-Pass for access to the Property, any connector
roads or on or off ramps, OWNER may apply for TUMF reimbursements or credits in
accordance with the credit and reimbursement provisions of Chapter 15.08 of the Temecula
Municipal Code pertaining to TUMF for any such portions ofthe Western By-Pass. In agreeing
to this provision, OWNER acknowledges and agrees that CITY can provide no assurances that
such constructs are now or will be in the future eligible for TUMF credits or reimbursements.
4.1.7. Remimrton Road Extension. OWNER shall be responsible for all
costs associated with the construction of the Remington Road extension, the connection to the
Western By-Pass and the installation of access points from the Property to Remington Road; in
substantial conformity with the plans depicted in Exhibit I (Phase II Streets).
4.1.8. Access Points/Commercial Deliveries. For clarity of
understanding, the parties acknowledges that access points i) along Remington Road; ii)
pertaining to the future access ofthe extension of Remington Road to the Western By-Pass; iii)
pertaining to Dendy Drive as it adjoins the Property; iv) and along the Western-By-Pass are as
set forth on Tentative Map No. 35181 (the "Map"). The foregoing notwithstanding, potential
additional access points are shown on Exhibit J. The number and precise locations of such
potentially additional access points are to be analyzed and agreed upon in good faith by the
CITY and OWNER in conjunction with the processing of applicable development plans in the
future bearing in mind the reasonable commercial considerations of OWNER and the reasonable
safety and design considerations of CITY. CITY and OWNER may reasonably modify the
location of the access points through an Operating Memorandum pursuant to Section 2.6.4
approved by the OWNER and the City Manager of CITY.
4.1.10. Offer of Dedication ofCherrv Street. OWNER shall, in
consideration of all benefits received under this Agreement, grant or dedicate to the CITY or
other such governmental agency as may construct Cherry Street, such right of way, roadway,
utilities, slopes, walls, piers, or other construction that would facilitate construction of Cherry
Street ("Cherry Street ROW"). The foregoing notwithstanding, the area where such easements
or other authorizations as may be required is limited to that area within the Right-of-Way as
approved on Tentative Map 35181. The City, or any other governmental agency, as the case
may be, shall be responsible for any and all retaining walls and slopes required to keep the
impacts of Cherry Street within the Right-of-Way and shall not impede the development of the
any parcel within Tentative Map No. 35181. If the CITY is able to obtain approval from all
applicable governmental agencies associated with the construction of portions of the Western
946783.6 Final 9/18/07
17
By-Pass northerly of the City's boundary and accepts the alignment of the Western By-Pass as
depicted on Exhibit N or ever abandons its intention to design and construct part or all of Cherry
Street such that part or all of the Cherry Street ROW is no longer reasonably needed by the CITY
for the construction of Cherry Street, CITY agrees to execute and forthwith record such
documents as are reasonably needed to release that portion of the Cherry Street ROW that is no
longer needed from any lien, easement, or obligation created by this Section 4.1.10. In addition,
OWNER shall have the option to relocate the detention basin, in accordance appropriate CITY
permit processes and extend improvements within the previously dedicated area in a manner
which the parties shall negotiate in good faith. Furthermore, in such event, CITY shall use good
faith efforts to secure access points to the Western By-Pass in the same approximate latitudinal
position to the access points to the Western By-Pass for Cherry Street approved on Tentative
Map 35181. The requirements of the last sentence are demonstrated on Exhibit N. Ifthe CITY
or other governmental agency designs and constructs Cherry Street, the CITY or such other
agency shall be responsible for all costs associated with Cherry Street, including without
limitation roads, utilities, slopes, grading, retaining walls, and landscaping with the exception
that the OWNER bears all associated costs related to connection with Cherry Street.
4.1.11. Water Oualitv Plan. CITY agrees that a Water Quality Plan for the
development ofthe PHS Property will satisfy the current water quality requirements of CITY for
the Project as presently designed ifit is in substantial conformity as that depicted in the Project
Specific Water Quality Management Plan prepared by SB&O dated June 10, 2007 for the PHS
Property on file in the Office of the City Clerk.
4.1.12 Offer of Dedication of Western Bv-Pass Easements. OWNER
shall, in consideration of all benefits received under this Agreement, grant or dedicate to the
CITY, or such other governmental agency as may construct the Western By-Pass, such
easements or other authorizations as may be necessary for the Western Bypass to utilize a
portion ofthe Property for right of way, roadway, utilities, slopes, walls, piers, or other
construction that would facilitate construction of the Western By-Pass ("Western By-Pass
ROW") Within the Right-of-Way and easements as approved on Tentative Map No. 35181. If
the City ever abandons its intention to design and construct part of all of the Western By-Pass
such that part or all of the Western By-Pass ROW is no longer reasonably needed for the
construction ofthe Western By-Pass, CITY agrees to execute and record such documents as are
reasonably needed to release that portion of the Western By-Pass ROW no longer needed from
any lien, easement, or obligation created by this Section 4.1.13. Furthermore, in the event of
such partial or full abandonment or in the event that the final alignment of the Western By-Pass
is such that part or all of the Eastern most toe of the Western By-Pass is West ofthe alignment
approved in Tentative Map No. 35181 , then the CITY shall cooperate in good faith in
processing the OWNERS application for a lot line adjustment such that the Western Parcel Line
shall extend to the toe of the slope of the Eastern most edge of the Western By-Pass. As stated in
Section 4.1.1, the Western By-Pass alignment is in the design planning phase. Both parties have
in good faith developed an alignment to accommodate the development of the PHS Property to
the best oftheir respective abilities with the information available to at the time of approval of
this Agreement. In the event that circumstances arise that cause an alteration in the assumed
horizontal and vertical alignment and associated appurtenances for the Western By-Pass, the
OWNER and the CITY shall cooperate in good faith with the each other in processing
adjustment(s) of the lot lines, easements and access points described in this Agreement or the
946783.6 Final 9/18/07
18
Project Approvals, except to the extent that said adjustments would have a material adverse
economic impact on the Project. That certain document entitled "Western Bypass Alignment-
North Segment-55 mph Design Speed" dated April 24, 2007, prepared by URS for the City of
Temecula shall be the reference point for determining the extent of any such change of alignment
and economic impact.
4.1.13. Western Bv-PassIProiect Aooroval Conditions. Subject to the
provisions of Section 4.1.5 above, none of OWNER's or PHS's Project Approvals or permits
shall contain conditions requiring the construction or completion of any portion of the Western
By-Pass, except those improvements associated with connection of the extension of Remington
Road as described in Section 4.1.7 above.
4.2. OWNER's Oblie:ations to Construct Public Imorovements. OWNER
shall, at its sole cost and expense, design, construct, install, and finally complete Off-Site
Improvements. The design, construction, installation, and final completion of the Off-Site
Improvements shall be in conformance with the CITY standards in effect as of the date of this
Agreement and Improvement Plans approved by the CITY Engineer. Except as otherwise
provided in this Agreement, the Off-Site Improvements shall be completed at such time as set
forth in the conditions of approval for Development on the Property. CITY and OWNER shall
enter into the CITY's standard subdivision improvement agreement, or an applicable
modification thereof, for the completion of the Public Improvements.
4.3. Maintenance of Imorovements. Responsibility for the ongoing
maintenance of improvements provided by OWNER pursuant to this Agreement shall be
apportioned between the parties in accordance with the terms of this Section.
4.3.1. CITY Maintenance of Dedicated Public Imorovements. CITY
shall maintain all dedicated and accepted Public Improvements, including but not limited to,
public streets and related walls, streetlights, and public storm drainage facilities.
4.3.2. OWNER Maintenance of Landscaoine: and Storm Drain Facilities.
OWNER shall maintain all landscaping on the Property and on adjacent City rights-of-way and
all storm drainage facilities on the Property.
4.4. Easements. CITY shall grant such easements over CITY property as are
reasonably needed for the Development of the Property provided such easements do not impede
or interfere with public services provided on such properties. OWNER agrees to grant to the
CITY such easements over its property as are reasonably needed for the construction and
maintenance of public improvements, except to the extent such easements would have a material
adverse economic effect on the Project. Such grants shall be at no additional cost to the
OWNER or CITY.
4.5. Financine: Mechanisms.
4.5.1. Industrial Develooment Bonds. If requested by OWNER, CITY
shall cooperate in the issuance of Industrial Development Bonds, as allowed by State or Federal
law.
946783.6 Final 9/18/07
19
4.5.2. Cost of Creatine: Financine: Mechanism. If the formation or
establishment of any public financing mechanism is requested by OWNER, OWNER shall bear
the full cost of creating any and all such financing mechanisms.
4.6. Public Financine: of Imorovements. OWNER may, from time to time,
request CITY to establish one or more assessment and/or community facilities districts to finance
infrastructure, public facilities and/or fees that may be required in connection with the
Development of the Project and CITY agrees to use its best efforts to implement such requests
subject to applicable State and Federal law and to the Applicable Regulations.
5. Further Assurances to OWNER Ree:ardine: Exercise of Reserved Authoritv.
5.1. 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
Project Approvals and this Agreement. Accordingly, while recognizing that the Development of
the Property may be affected by exercise of the authority and rights reserved and excepted as
provided in Section 3.2 ("Reserved Authority") of this Agreement, OWNER is concerned that
normally the judiciary extends to local agencies significant deference in the adoption of land use
regulations which might permit the CITY in violation of the Reserved Authority, to attempt to
apply regulations which are inconsistent with the Project Approvals pursuant to the exercise of
the Reserved Authority. 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.
5.2. Judicial Review. Based on the foregoing, in the event OWNER judicially
(including by way of a reference proceeding) challenges the application of a future land use
regulation as being in violation ofthis Agreement and as not being a land use regulation adopted
pursuant to the Reserved Authority, OWNER shall bear the burden of proof in establishing that
such rule, regulation, or policy is inconsistent with the Applicable Regulations, the Project
Approvals, or both and the CITY shall thereafter bear the burden of proof in establishing 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.
6. Indemnification.
6.1. OWNER agrees to indemnify and hold harmless the CITY, its agents,
officers, contractors, attorneys, and employees ("Indemnified Parties") from and against any
claims or proceeding against the Indemnified Parties to set aside, void or annul the approval of
this Agreement. Notwithstanding the provisions of Section 2.5.1 of this Agreement, OWNER's
obligation pursuant to this Section is not a benefit or burden running with the land and shall not
be assigned to any person without the express written consent of the CITY. OWNER's duties
under this Section are solely subject to and conditioned upon the Indemnified Parties written
request to OWNER to indemnify the Indemnified Parties. OWNER shall deposit the expected
costs of defense with the CITY within five (5) business days of notice from the CITY of the
claim and shall add to the deposit within five (5) business days from the request of CITY.
Without in any way limiting the provisions of this Section, the parties hereto agree that this
946783.6 Final 9/18/07
20
Section shall be interpreted in accordance with the provisions of California Civil Code Section
2778 in effect as of the Effective Date.
6.2. Notwithstanding Section 6.1, and as a separate and distinct obligation of
OWNER, OWNER agrees to indemnify and hold harmless the Indemnified Parties from and
against each and every claim, action, proceeding, cost, fee, legal cost, damage, award or liability
of any nature arising from alleged damages caused to third parties and alleging that the
Indemnified Parties is or are liable therefor as a direct or indirect result of the CITY's approval
of this Agreement. OWNER's duties under this Section are solely subject to and conditioned
upon the Indemnified Parties written request to OWNER to indemnify the Indemnified Parties.
OWNER shall deposit the expected costs of defense with the CITY within five (5) business days
of notice from the CITY of the claim and shall add to the deposit within five (5) business days
from the request of CITY. Without in any way limiting the provisions of this Section, the parties
hereto agree that this Section shall be interpreted in accordance with the provisions of California
Civil Code Section 2778 in effect as of the Effective Date.
7. Relationship of Parties. The contractual relationship between the CITY and
OWNER is such that OWNER is an independent contractor and not the agent or employee ofthe
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 Development of the Property shall be construed as
making the CITY and OWNER joint ventures or partners.
8. Amendment or Cancellation of Agreement. This Agreement may be amended or
canceled in whole or in part only by mutual consent of the parties in the manner provided for in
Government Code Section 65868. No amendment or modification of this Agreement or any
provision hereof shall be effective unless set forth in writing and signed by duly authorized
representatives of each party hereto. This provision shall not limit the CITY's or OWNER's
remedies as provided by Section 10.3.
9. Periodic Review of Comoliance with Agreement.
9.1. Periodic Review. The CITY and OWNER shall review this Agreement at
least once every 12-month period from the date this Agreement is executed. The CITY shall
notify OWNER in writing of the date for review at least thirty (30) days prior thereto. Such
periodic review shall be conducted in accordance with Government Code Section 65865.1.
9.2. Good Faith Comoliance. During each periodic review, OWNER shall be
required to demonstrate good faith compliance with the terms of this Agreement. OWNER
agrees to furnish such reasonable evidence of good faith compliance as the CITY, in the exercise
of its reasonable discretion, may require. If requested by OWNER, the CITY agrees to provide
to OWNER, a certificate that OWNER or a duly authorized Transferee is in compliance with the
terms of this Agreement, provided OWNER reimburses the CITY for all reasonable and direct
costs and fees incurred by the CITY with respect thereto.
946783.6 Final 9/18/07
21
9.3. Failure to Conduct Annual Review. The failure of the CITY to conduct
the annual review shall not be an OWNER default. Further, OWNER shall not be entitled to any
remedy for the CITY's failure to conduct this annual review.
9.4. 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. Within thirty (30) days following receipt of such notice, OWNER shall submit
evidence to the CITY Council of OWNER's good faith compliance with this Agreement and
such review and determination shall proceed in the same manner as provided for the annual
review. The CITY Council shall initiate its review pursuant to this Section 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.
9.5. Administration of Agreement. Any final decision by the CITY staff
concerning the interpretation and administration of this Agreement and Development of the
Property in accordance herewith may be appealed by OWNER to the CITY Council, provided
that any such appeal shall be filed with the CITY Clerk within ten (10) business days after
OWNER receives written notice that the staff decision is final. The CITY Council shall render
its decision to affirm, reverse, or modify the staff decision within thirty (30) days after the appeal
was filed. The decision of the City Council as to the administration of this Agreement shall be
final and is not appealable. The foregoing notwithstanding, breaches of this Agreement are
subject to judicial relief as provided in this Agreement.
9.6. Availabilitv of Documents. If requested 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 with respect thereto. 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.
10. Events of Default: Remedies and Termination. Unless amended, modified, or
suspended pursuant to Government Code Section 65869.5, this Agreement is enforceable by
either party hereto.
10.1. Defaults bv OWNER. If the CITY determines that OWNER has not
complied in good faith with the terms and conditions of this Agreement, the CITY shall, by
written notice to OWNER, specify the manner in which OWNER has failed to so comply and
state the steps OWNER 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 OWNER has failed to
so comply, OWNER does not commence all steps reasonably necessary to bring itself into
compliance as required and thereafter diligently pursue such steps to completion, then OWNER
shall be deemed to be in default under the terms of this Agreement. The foregoing 30-day period
shall be tolled during the pendency of any appeal undertaken pursuant to Section 9.5, if
applicable. Default of OWNER shall also include, but not limited to, OWNER's failure to
timely commence construction of the Public Improvements pursuant to this Agreement;
OWNER's failure to timely complete construction of the Public Improvements; OWNER's
failure to timely cure any defect in the Public Improvements; OWNER's failure to perform
946783.6 Final 9/18/07
22
substantial construction work on the Public Improvements for a period of 20 calendar days after
commencement of the work; or OWNER's failure to perform any other obligation concerning
the Public Improvements under this Agreement. Except as provided in Section 13 ("Attorneys
Fees") CITY's remedies for OWNER's breach shall be limited to those specified in Section 10.3.
10.2. Defaults by CITY. If OWNER determines that the CITY has not
complied in good faith with the terms and conditions of this Agreement, OWNER shall, by
written notice to the CITY, specify the manner in which the CITY has failed to so comply and
state the steps the CITY must take to bring itself into compliance. If, within thirty (30) 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. OWNER's remedies for
CITY'S breach shall be limited to those specified in Section 10.3.
10.3. Lee:al Remedies.
10.3.1. No Monetarv Damages. Due to the size, nature, and scope of the
Project, it will 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. OWNER has invested significant time and resources and performed extensive planning
and processing of the Development of the Property 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 ofthis Agreement, and it is not 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 would not be an adequate remedy if the CITY fails to carry out
its obligations under this Agreement and that OWNER shall have the right to seek and obtain
specific performance as a remedy for any breach of this Agreement. Moreover, the CITY would
not have consented to this Agreement ifit were to be subject to damages for breach of this
Agreement. Therefore, OWNER specifically agrees that it has no authority under this
Agreement to seek monetary damages against the CITY for any breach of this Agreement by the
CITY, and agrees not to seek monetary damages against the CITY for breach of this Agreement.
10.3.2. Soecific Performance Remedy. The CITY and OWNER further
acknowledge that, if OWNER fails to carry out its obligations under this Agreement, the CITY
shall have the right to refuse to issue any permits or other approvals that OWNER would
otherwise have been entitled to pursuant to this Agreement. Therefore, the CITY's remedy of
denying issuance of permits or terminating this Agreement shall be sufficient in most
circumstances if OWNER fails to carry out its obligations hereunder. Notwithstanding the
foregoing, if the CITY issues a permit or other approval pursuant to this Agreement in reliance
(explicitly stated in writing) upon a specified condition being satisfied by OWNER in the future,
and if OWNER then fails to satisfy such condition, the CITY shall be entitled to specific
performance for the sole purpose of causing OWNER 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 to otherwise proceed
with the Development of the Project in any manner.
946783.6 Final 9/18/07
23
10.4. Institution of Lee:al Action. In addition to any other rights or remedies,
and except as provided in Section 11.3, OWNER or the CITY may institute legal action to cure,
correct or remedy any default, to enforce any covenants or agreements herein, to enjoin any
threatened or attempted violation hereof to recover damages for any default, or to obtain any
other remedies consistent with the purpose of this Agreement. Such legal action shall be heard
by a referee 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/her. 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 shall be considered a temporary judge appointed pursuant to Article 6, Section 21 of
the California Constitution.
10.5. Estoooel Certificates.
10.5.1. Written Reauest. Either party may at any time deliver written
notice to the other party requesting an estoppel certificate (the "Estoppel Certificate") stating: (1)
this Agreement is in full force and effect and is a binding obligation of the parties; (2) this
Agreement has not been amended or modified either orally or in writing or, if so amended,
identifying the amendments; and (3) no default in the performance of the requesting party's
obligations under this Agreement exists or, if a default does exist, the nature and amount of any
default.
10.5.2. Thirty (30) Days to Resoond. 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.
10.5.3. Authorized Sie:natories. The CITY Manager or any person
designated by the CITY Manager may sign the Estoppel Certificates on behalf of the CITY. Any
officer of OWNER may sign on behalf of OWNER.
10.5.4. Reliance. An Estoppel Certificate may be relied on by assignees
and mortgagees.
10.5.5. Reimbursement. In the event 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.
10.5.6. Failure to Provide Estopoel Certificate. Failure by a party to
provide an Estoppel Certificate within thirty (30) days after receipt of the request therefor shall
be deemed confirmation that this Agreement is in full force and effect, has not been amended or
modified either orally or in writing and that no defaults in the performance of the requesting
party's obligations under this Agreement exist.
946783.6 Final 9/18/07
24
11. Waivers and Delavs.
11.1. No Waiver. Failure by a party to insist upon the strict performance of any
of the provisions of this Agreement by the other party, and failure by a party to exercise its rights
upon a default by the other party hereto, shall not constitute a waiver of such party's right to
demand strict compliance by such other party in the future.
11.2. Third Parties. Non-performance shall not be excused because of a failure
of a third person, except as provided in Section 11.3
11.3. Force Maieure. OWNER 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, terrorism, or similar hostilities, strikes
and other labor difficulties beyond OWNER's control, government regulations (including,
without limitation, state and federal environmental and natural resource regulations applied to
the Property), or judicial decisions directly applicable to the Property.
11.4. Extensions. The Term of this Agreement and the time for performance by
OWNER or the CITY of any of its obligations hereunder shall be extended by the period of time
that any of the events described in Section 11.3 and this Section 11.4 exists and/or prevents
performance of such obligations. In addition, the Term shall be extended for delays arising from
the following events for a time equal to the duration of each delay occurring during the Term.
11.4.1. Litie:ation. The period of time after the Effective Date during
which litigation related to this Agreement or having the actual effect of delaying implementation
of the Development of the Property is pending, including litigation pending on the Effective
Date. This period shall include any time during which appeals may be filed or are pending.
11.4.2. Government Ae:encies. Any delay resulting from the acts or
omissions of the CITY or any other governmental agency or public utility and beyond the
reasonable control of OWNER except those related to the normal and customary processing of
Future Development Approvals.
12. Notices. All notices required or provided for under this Agreement shall be in
writing and delivered in person or sent by certified mail, postage prepaid, return receipt
requested, or by overnight delivery. 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: CITY MANAGER
With a copy to:
Richards, Watson & Gershon
355 South Grand Avenue, 40th Floor
946783.6 Final 9/18/07
25
Los Angeles, CA 90071-1469
Attention: Peter M. Thorson, City Attorney
Notices required to be given to OWNER shall be addressed as follows:
The Garrett Group, LLC
One BetterWorld Circle, Suite 300
Temecula, CA 92590
Attention: John Potts, Vice President Real Estate
With a copy to:
Martin A. Weiss, J.D., LLM,
General Counsel
One BetterWorld Circle, Suite 300
Temecula, CA 92590
A party may change its address for notices by giving notice in writing to the other party
as required herein and thereafter notices shall be addressed and transmitted to the new address.
All notices under this Agreement shall be deemed given, received, made or communicated on the
earlier of the date personal delivery is effected or on the delivery date or attempted delivery date
shown on the return receipt, or air bill.
13. Attornevs' Fees. Iflegal action is brought by either party against the other 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 10.4 above as an item of damage
and/or recoverable costs. Attorneys' fees under this Section shall include attorneys' fees on any
appeal and, in addition, a party entitled to attorneys' fees shall be entitled to all other reasonable
costs and expenses, including, without limitation, expert witness fees, incurred in connection
with such action. In addition to the foregoing award of attorneys' fees to the prevailing party,
the prevailing party in any lawsuit shall be entitled to its attorneys' fees incurred in any post-
judgment proceedings to collect or enforce the judgment. This provision is separate and several
and shall survive the merger of this Agreement into any judgment on this Agreement.
14. Recordine:. This Agreement and any amendment or cancellation hereof 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.
15. Effect of Agreement on Title.
15.1. 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.
15.2. Encumbrances and Lenders' Rie:hts. OWNER and the CITY hereby agree
that this Agreement shall not prevent or limit any OWNER of any interest in the Property, or any
946783.6 Final 9/18/07
26
portion thereof, at any time or from time to time in any manner, at its or their sole discretion,
from encumbering the Property, the improvements thereon, or any portion thereof with any
mortgage, deed of trust sale and leaseback arrangement or other security device. The CITY
acknowledges that any Lender (as hereinafter defined) may require certain interpretations of or
modifications to this Agreement or the Project and the CITY agrees, upon request, from time to
time, to meet with the OWNER(s) and/or representatives of such Lenders to negotiate in good
faith any such request for interpretation or modification. The CITY further agrees that it will not
unreasonably withhold its consent to any such requested interpretation or modification to the
extent such interpretation or modification is consistent with the intent and purpose of this
Agreement. A default under this Agreement shall not defeat, invalidate, diminish, or impair the
lien of any Lender.
15.3. Notice of Defaults. The mortgagee of a mortgage or beneficiary of a deed
of trust or holder of any other security interest in the Property or any portion thereof and their
successors and assigns, including without limitation the purchaser at a judicial or non-judicial
foreclosure sale or a person or entity which obtains title by deed-in-lieu of foreclosure
("Lender") shall be entitled to receive a copy of any notice of default (as defined in Section 10.1
hereof) delivered to OWNER and, as a pre-condition to the institution of legal proceedings or
termination proceedings, the CITY shall deliver to all such Lenders written notification of any
default by OWNER in the performance of its obligations under this Agreement which is not
cured within sixty (60) days (the "Second Default Notice") and shall allow the Lender(s) an
opportunity to cure such defaults as set forth herein. The Second Notice of Default shall specify
in detail the alleged default and the suggested means to cure it. After receipt of the Second
Default Notice, each such Lender shall have the right, at its sole option, within ninety (90) days
to cure such default or, if such default cannot reasonably be cured within that ninety (90) day
period, to commence to cure such default, in which case no default shall exist and the CITY shall
take no further action. Notwithstanding the foregoing, if such default shall be a default which
can only be remedied by such Lender obtaining possession of the Property, or any portion
thereof, and such Lender seeks to obtain possession, such Lender shall have until ninety (90)
days after the date of obtaining such possession to cure or, if such default cannot reasonably be
cured within such period, then to commence to cure such default. Further, a Lender shall not be
required to cure any non-curable default of OWNER, and any such default shall be deemed cured
if any Lender obtains possession.
16. 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 covenants contained herein are mutual covenants. The
covenants contained herein constitute conditions to the concurrent or subsequent performance by
the party benefited thereby of the covenants to be performed hereunder by such benefited party.
17. Subseauent Amendment to Authorizine: Statute. This Agreement has been
entered into in reliance upon the provisions of the Development Agreement Legislation in effect
as of the Effective 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
946783.6 Final 9/18/07
27
provisions set forth in this Agreement and Government Code Section 65868 as in effect on the
Effective Date.
18. LocaL State and Federal Laws. OWNER and its contractors shall carry out
the design and construction of all private improvements on the Property and all Public
Improvements in conformity with all applicable laws, including, without limitation, all
applicable federal, state and local occupation, employment, prevailing wage, safety and health
laws, rules, regulations and standards. OWNER agrees to indemnify, defend and hold the
Indemnified Parties (as defined in Section 6.1) harmless from and against any cost, expense,
claim, charge or liability relating to or arising directly or indirectly from any breach by or failure
of OWNER or its contractor(s) or agents to comply with such laws, rules or regulations.
OWNER's indemnity obligations set forth in this Section shall survive the termination or
expiration of this Agreement..
19. Rules of Construction and Miscellaneous Terms.
19.1. Intemretation and Governine: 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.
19.2. Section Headine:s. All section headings and subheadings are inserted for
convenience only and shall not affect any construction or intclpletation of this Agreement.
19.3. Gender. The singular includes the plural; the masculine gender includes
the feminine; "shall" is mandatory, "may" is permissive.
19.4. No Joint and Several Liability. At any time that there is more than one
OWNER, no breach hereof by an OWNER shall constitute a breach by any other OWNER. 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 OWNER
that committed the breach. However, the CITY shall send a copy of any notice of violation to all
OWNERS, including those not in breach. In addition, a default by any Transferee shall only
affect that portion of the Property owned by such Transferee and shall not cancel or diminish in
any way OWNER's rights hereunder with respect to any portion of the Property not owned by
such Transferee. The Transferee shall be responsible for the reporting and annual review
requirements relating to the portion of the Property owned by such Transferee, and any
amendment to this Agreement between CITY and a Transferee shall only affect the portion of
the Property owned by such Transferee. Any amendments to this Agreement between CITY and
OWNER shall not affect any portion of the PHS Property unless agreed to in writing by the
Transferee of the PHS Property.
946783.6 Final 9/18/07
28
19.5. Time of Essence. Time is of the essence regarding each provision of this
Agreement of which time is an element.
19.6. Recitals. All Recitals set forth herein are incorporated in this Agreement
as though fully set forth herein.
19.7. Entire Agreement. This Agreement constitutes the entire agreement
between the parties with respect to the subject matter hereof, and this 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.
19.8. Authority to Execute Agreement. The person executing this Agreement
on behalf of the OWNER warrants and represents to the CITY that this Agreement has been duly
approved by the OWNER and that all applicable notices and procedures were complied with and
that he/she is duly authorized by the OWNER to execute this Agreement on behalf of the
OWNER and has been duly authorized to do so.
19.9. Not for Benefit of Third Parties. This Agreement and all provisions
hereof are for the exclusive benefit of the CITY and OWNER and its Transferees and shall not
be construed to benefit or be enforceable by any third party.
19.10. Countemarts. This Agreement maybe executed in any number of
counterparts, and each of such counterparts for all purposes shall be deemed to be an original,
and all of such counterparts shall constitute one and the same agreement.
19.11. Exhibits. The following Exhibits are attached to this Agreement and
incorporated herein as though set forth in full:
. Exhibit A: Description of Property;
. Exhibit B: Off-Site Improvements;
. Exhibit C: PHS Property;
. Exhibit D: [Intentionally Deleted];
. Exhibit E: Western By-Pass;
. Exhibit F: Authorized Land Uses;
. Exhibit G: Resolution setting forth applicable Development impact Fee rates;
. Exhibit H: Projected Processing Schedule;
. Exhibit I: Plan for the Remington Road Extension, Including Future Access
Points;
. Exhibit J: Curb Cuts;
946783.6 Final 9/18/07
29
. Exhibit K: MSHCP; and
. Exhibit L: [Intentionally Deleted]
. Exhibit M Depiction of Parcel 2 Grading
. Exhibit N Depiction of Alternative Access Points and Alignments Cherry
Street Right-of Way (Section 4.1.10)
946783.6 Final 9/18/07
30
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first written above..
CITY OF TEMECULA,
a municipal corporation
By:
Chuck Washington
Mayor
ATTEST:
Susan Jones, MMC
City Clerk
APPROVED AS TO FORM:
Peter M. Thorson
City Attorney
31
TEMECULA PROPERTIES, LLC
A California limited liability company
By: Redhawk Communities, Inc.
A California corporation
Its: Managing Member
By:
Paul Garrett, President
32
PROFESSIONAL HOSPITAL SUPPLY, INC, a
California corporation.
By:
John Augustine
Chief Financial Officer
33
State of California
)
)
)
ss
County of Riverside
On before me, , (here insert name of the
officer), Notary Public, 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 hislher/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, , (here insert name of the
officer), Notary Public, 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 hislherltheir 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
34
EXHIBIT A
(Description of Property)
EXHIBIT A
LEGAL DESCRIPTION
PARCEL A, LOT LINE ADJUSTMENT NO. P A-06--0179
PAR\,;~ A. Lot Line Adiustment No. PA 06- 0279
Parcel A of City of Temecula Lot Line Adjustment No. PA~06-0279J approved by
the City of TemecuJa on November 16J 2006 and recorded December 7~ 2006 as
Instrument No. 2006--0898508~ Official Records of Riverside, County, State of
CaIiforni~ being more particularly described as follows:
Being a pordon of Parcel "A" of Lot Line Adjustment No. J 1, In the City of
Temecula. County of Riverside, State of California, recorded January 13, 1993, as
Instrument no. 13666 o/Official Records of said CounJy, al~o a portion of Parcel liB" of
Lot Line Adjustment No. PAOO-0051, in the City ofTemecula, County of Riverside, State
of California, recorded May 19,2000, as Instrument No. 2000-190898, of Official
Records of said County, more particularly described as follows:
COMMENCING at the westerly corner of said Parcel "A";
Thence North 48009'38"East along the northwesterly line of said Parcel "A", a
distance of688.10feet, being the TRUE POINT OF BEGINNING;
Thence leaving said northwesterly line, South 29008 '20" East, a distance of
641.21 feet, to the beginning of a tangent curve concave southwesterly, having a radius
of 1050.00 feet, a radial line bears North 60CSJ '40"East;
Thence southeasterly along said curve through a central angle of J 1049 '37", an
arc distance of 216.74 feet;
Thence South 17018'43" East, aelistance of 109. 23feet, to the beginning 010
tangent curve concave northeasterly, having a radius of 1450.00 feet, a radial line bears
South 72041'J7"Wesf;
Thence southeasterly along said curve through a central angle 34002 '06, an arc
distance of861.33 feet;
Thence South 51 0]0'49" East, a distance of88.82feet, to the southeasterly line of
said Parcel "B";
Thence along said southeasterly line North 38049'43" East, a distance of 1156.40
feet, to the centerline of Winchester Road (100.00 feet wide);
Thence along said centerline North /90.53 '29"West, a distance of232.02feet;
Thence leaving said centerline South 70006 '31" West, a distance of 50.00 feet, to
the beginning of a non-tangent curve concave southwesterly, having a radius of 800.00
fiet, a radial line bears North 70006'31 "East, also being a point in the southwesterly
right-ol-way line of said Winchester Road
D:\6S472\sulVcy\LLA\Pan:e1 A LLA PA06-0279.doc
Legal Description
Parcel A, Lot Line Adjustment No. P A-06~0279
Page 2of2
Thence northwesterly along said curve and said right-of-way line through a
central angle of26 OJ7 '06 ", an arc distance of 369.33 feet;
Thence along said right~of-way line North 460]0 '35" West, a distance of 184.96
feet, to an angle point In said rlght~of-way line;
Thence along said right-of-way line South 880]9 '25" West, a distance of 32.53
feet;
Thence along said right-ol-way line North 46 '10'35" West, a distance of 50.00
feet. to the souJhwesterly prolongation of the centerline of Dendy Parkway (100.00 feet
wide);.
Thence along said prolongation and said centerlineNorth 43 "38'42" East, a
distance of 428.76 feet, to the beginning of a tangent curve concave southeasterly, having
a radius of850.00feet, a radial line bears North 46021 '18" West;
Thence northeasterly along said curve and said centerline through a central
angle of27 042 , 40", an arc distance of 411.1 0 feet;
Thence along said centerline North 71 '21 '22" East, a distance of356.61 feet, to
the beginning of a tangent curve concave northwesterly, having a radius 0[850.00 feet, a
.,
radio/line bears South 18DJ7'55" East;
Thence northeasterly along said curve, through a central angle of 02 '29'54", an
arc distance of 22.23 feet, to the southerly corner of that certain parcel of land as
described in Grant Deed to the City ofTemecula, recorded April 23, 1992 as Instrument
No. 146241. Official Records of Riverside County;
Thence along the southwesterly line of said parcel of land conveyed to the City of
Temecula North 41 "50'22" West, a distance of 1001.63 feet, to the westerly corner
thereof; being a point in the northwesterly line of said Parcel irA ";
Thence along said northwesterly line SQuth 48 "09 '38" West, a distance of
2019.60 feet, to the TRUE POINT OF BEGINNING.
The above described parcel ofland contains 66.23 acres, more or less.
This was prepared by me
or under my direction.
S.B. & 0., Inc.
~,,- --'l?G, ~'~ ~ 7, 'ZOO?
Marissa Crowther, PLS 6152 Date
~Mio~
'f( MARISSA ~ \.
~ CROWlliER ~
0.. Exp ~..,\..o~ :D
*' *
\ _n No. 615~_
\V~ ~.
'~(~OFC~\..\~()~
D:\654n\survey\LLA\Parcel A LLA PA06-0279.doc
EXHIBIT B
(Off-Site Improvements)
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EXHIBIT C
(PHS Property)
EXHIBIT C
LEGAL DESCRIPTION
LOT 4, TRACT MAP NO. 35181
Lot 4 of Tract Map No. 35181, in the City ofTemecula, reC()rded in Book of
Maps, Pages through . inclusive, Records of Riverside County, State
of California.
...
,,~\ ~L l.AJ~u .
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~ MARISSA \\ \.
~ CROWTHER ~ . .
,.."JJ..,. c,.~ ~ M~ 1. Zoo)O- Exp j).b,,,Dt6 :n
*' *
MarissaCrowther,PLS6152 Date 'cP~ No. 6152 ~I
. ".f)'~OFCA\.\~~~
This was prepared by me
Or under my direction.
S.B. & 0., Inc.
D:\6S472\survey\Parcel MlIp\Lot 4 Legal Description.doc
EXHIBIT D
(Intentionally Deleted)
EXHIBIT E
(Western By-Pass)
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EXHIBIT F
(Authorized Land Uses)
Parcel 1
Industrial
Office
Retail
Multi-Famny Residential
Eduqation
EXHIBIT nF"
ALLOWABLE LAND USES
Parcel 2
Parcel 3
Parcel 4
Industrial
Office
Retail
Industrial
Industrial
Office
EXHIBIT G
(Resolution regarding Development Impact Fee rates)
l
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. .O!
RESOLlIrION NO. 03-63
A RESOLlInON OF THE CITY COUNCIL OF THE CITY OF
TEMECULA E8TABUSHlNG AND IMPOSING NEW
DEVELOP.MENT IMPACT FEES AND INCREASING CURRENT
DEVELOPMENT IMPACT FEES EFFECTIVE JULY 26, 2003
PURSUANT TO CHAPTER 15.08 OF THE TEMECULA
MUNICIPAL CODE AND RESOLunON NOS. 97...4 AND IAO.
WHEREAS. on May 27. 1997, the City Council adopted Ordinance No. 97-09
"eStablishing Chapter 15.08 of the Ternecula MunIcIpal Code, Public FacillUes Development
Impact Fee (IIDIP), which was modified by Ordinance No. 97.14 on August 16, 1997, and was
'further modified by Ordinance No. 98-05 on April 14, 1998; and
WHEREAS, on May 27, 1997. the City Council adopted Resolution No. 97-45 which
.establlshed the Development Impact Fees. This Resolution was restated and modified by
.Resolution No. 98-30 on April 14, 1998; and
WHEREAS. the City Council adopted residential OIF as recommended in a
Development Impact Fee Study conducted by Oavld M. G_ and Associates (MOMG.). and
adopted non-resldentfal DIF at 36% of the amount recommended by DMG; and
WHEREAS. ResoluUon 98-30 provides for an automatic annual adjustment of both
residential and ~resldential DIF based on the percentage Increase or decrease, If any, of the
. Engineering News Record Building Cost Index ("Bel' for the Los Angeles MetropoUtan Area
BCI for the twelve mOnth period prior to May 1 of the year In which the change will be effective;
and
WHEREAS, exhibit B to Resolution 98-30 contains projected fees for seven (7) years
with no escalation appUed to residential DIF and an escalation of 10% per year appUed to non-
.. residential DIF until fees reach 60% of the recommended fee; and
WHEREAS. Development Impact Fees are typically analyzed every three to five years to
:monetarlly quantify the Impacts of dev(:tJopment on certain capital facilities; and
WHEREAs, In August 2002. the City contracted with the firm of Maximus (formerty
.:.DMG) to prepare a report providing recalcutated development Impact fees based on updated
. .information on existing and future development and facU!tles.
NOW, THEREFORE, BE IT RESOLVED by the City Councll of the City of Temecula as
follows:
Section 1. The City Council of the City of Temecula does hereby flnd. determIne and
declare as fonows: . .
A. As detailed In Exhibits A, residential Development Impact Fees shall be adopted as
re........mended In the Impact Fee Study Report completed by Maxlmusdated March
10, 2003.
R:JResos 2OO3IR8I08 ()3;63
1
,'.
B.. As detailed In E>chlblt B. non-resldentlal Development Impact Fees shall be phased In
over 8 th.....year period. The non-residential fees would not be Increased (except
for the annual BCI adjustment) unUl July 1. 2004 and would phase In to 1000,{. of the
recommended fees beginning July 1, 2008.
C. According to. .Resolutlon 98-30, both resldenUaI and non-resldenUaI development
Impact fees wiD be 8ubJect to an automatic annual adjustment based on the
percentage Incresse or decrease. If any, of the Engineering News Record BuDding
Cost Index ("Bel") for the. '-os Angeles Metropolitan kea BCI for the twelve month
period prior to Miy 1 of the year. In which the change wiD be effective.. These
annual Bct adjustments would contfnue during the phase-ln of non-resldentfat"fees.
Section 2. These development Impact fees win be effective July 26. 2003.
PASSED, APPROVED and ADO,. II:D by the City Council of the City of Temecula at a
regular meeUng held on the 27" day of Mav, 2003.
J .
ATTEST:
)-~
~ (fray E. stone. Mayor
-1
I
R:JResos 2OO3IReso8 Q3.83
2
I hereby corll/y, ul'lder Ibe psnallV ai perjury Ihal
lha above and tor8!joinfl Is a lru& and correct copy
0' an original on deposit within Ihe records 01 the
City of Tlmeoula. In wllness wbel8ol, I haye
hereuntll ,el my hand and atlxed Ibe seal ollba
elly of Tamseura Iblsaday olJ1.tH.' .~o.!!:1..
Mlchaele A. Ballrelch. Depu\y City dlerll
by: \. to. .~ ~~. 1\40.0.... ~ L..
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) 88
CITY OF TEMECULA )
I, Susan W. Jones, City Clerk of the City of Temecula, CaUfomJa, do hereby certify that
ResoI,UUon No. 03-83 was duly and regularly adopted by the City Council of the City of
Temecula at a regular ~eUng thereof beld on the 27" day of May; 2003, by the following vote:
AYES:, 4 COUNCILMEMBERS: Comerchero. Nag9ar" Roberts, Stone
NOES: O. COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
')
ABSTAIN: 1
COUNCILMEMSERS: Pratt
/ /\~tJ ~
( ;' s. ~tn W. jonesjes. CLlC
"'-- ./ "- CIty CIerfc
I 1
I \
i
i ,
../
R:lResos 20031Res0s 03063
,3
" .
,
AnACHIIENr A
CITY OPTlliICULA
DEVELOPMIH1' IIPACT PElS
COMPARISON: CURRENT FEll VI. STUDY MAXIMUM AllOWABLE PIES
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Michaela A. D6I1r~.i.II. UOf:ih\' C I\~ \..;,,1.
~" 2:38 PM Cl&'2ff.!OOS
by: :~.~~~.......__.!.:. ~~
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EXHIBIT H
(Project Processing Schedule)
PHSlThe Garrett Group/Ci,ty of Temecula
PROCESSING SCHEDULE.
Task
IGrading Plans Resubmitted (3rd revision)
Grading Plan Comments to Applicant
.!BuildinQ Plans Submitted .
Building Plan Comments to Applicant
IBuilding Plans Resubmitted
IBuilding Plan Comments to Applicant
30-day CEQA Notice Due
PC SRlConditionsof Approval Due
Planning Commh~sion hearing (all applications)
ICity Council hearing (DA and GPA)
IPrecise Grading Permit available for PHS (Parcel 4)*
City Council 2nd reading (GPA, DA)
DA Validation ACtion Filing Deadline
DA Validation Action Resolved Deadline
/BUilding Permit available for PHS (Parcel 4)**
Final Map Recordation
Red = Applicant
Blue = Staff
Green = All
* Contingent upon mitigation measures being met
**Contingent upon conditions of approval being met
08/29/2007
1
Due Date # of days
OS/25/2007
06/08/2007 14 days
06/14/2007
06/28/2007 14 days
07/12/2007 14 days
I 07/19/200717 days
I. 08/01/20071
I 08/01/20071
I 09/05/20071
1 09/25/20071
09/26/20071
10/09/20071
,I. 10/14/200715 days
I. 01/12/2008 90 days
1 01/12/2008
I 03/07/200815 months
;:
EXHIBIT I
(Plan for Remington Road Extension Including Future Access Points)
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EXHIBIT J
(Curb Cuts)
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EXHIBIT K
(MSHCP)
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EXHIBIT L
(Intentionally Deleted)
EXHIBIT M
(Depiction of Parcel 2 Grading)
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EXHIBIT N
(Depiction of Alternative Access Points and Alignments Cherry Street Right-of Way Section
4.1.10)
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RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING THAT CERTAIN
AGREEMENT ENTITLED "OPERATING COVENANT
AGREEMENT (PROFESSIONAL HOSPITAL SUPPLY) BY
AND BETWEEN THE CITY OF TEMECULA AND
PROFESSIONAL HOSPITAL SUPPLY, INC."
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
1. Recitals. The City Council does hereby find determine and declare that:
A. The City and Professional Hospital Supply, Inc. ("PHS") propose to
enter into that certain agreement entitled: "Operating Covenant Agreement
(Professional Hospital Supply) by and between the City of Temecula and Professional
Hospital Supply, Inc." ("Agreement") that will provide for the deferral of approximately $2
million in development fees to the City in return for PHS expanding its facility in
Temecula, adding additional employees and agreeing to maintain its point of sale for
sales taxes in the City of Temecula.
B. Professional Hospital Supply, Inc., ("PHS") is a California
corporation engaged in the commercial business of supplying, packaging,
manufacturing, distributing, and delivering medical and surgical supplies. PHS currently
services the southern California market area from facilities located in the City at 41980
Winchester Road, 41995 Zevo Drive, and 43225 Business Park Drive and, at which it
employs 1,100 persons, and from which it generates substantial sales tax revenue for
the City.
C. As part of PHS's ongoing efforts to expand its operations in
southern California, it plans to relocate its operations to a new facility ("Temecula
Facility") to be built on approximately 32 acres within the City, generally located at the
corner of Winchester Road and Dendy Parkway, pursuant to a Development Agreement
between the City, Temecula Properties LLC, and PHS, dated as of September 25,
2007. The estimated cost of the Temecula Facility is $59 million.
D. PHS expects to employ an additional approximately 300 persons at
the Temecula facilities over the next five (5) years above and beyond those persons it
currently employs in the City.
E. PHS and the City desire to provide for PHS' continued operation of
its business within the City.
F. The City Council finds and determines that performance of the
City's obligations under this Agreement and the undertakings of PHS required by this
Agreement will promote the public health, safety, and welfare of the citizens of the City
and will be of substantial economic benefit to the City as the Agreement will: (1)
generate new short term and long term quality employment opportunities within the City;
(2) generate new tax revenues that will assist the City in funding public services for the
residents and businesses within the City; (3) preserve and enhance the job/housing
balance described in the City's General Plan and various regional plans; (4) develop
new and expanded commercial and business facilities; (5) expand and enhance the
City's tax base through increased property values and consumer purchasing; and (6)
promote the stability and diversification of the City's economy.
G. The City Council further finds and determines that the Agreement is
a lawful and valid exercise of the City's powers under the laws of the State of California.
H. This Agreement places no obligation on the City beyond the year of
its execution unless and until: (1) PHS or the Developer become obligated to pay any
Development Impact Fee related to the Temecula Facility, and (2) PHS continues in
business and maintains its Transaction Point for all PHS Business in the State of
California within the City.
I. On September 25, 2007 the City Council adopted Resolution No.
2007- entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A MITIGATED NEGATIVE DECLARATION FOR THE
TEMECULA PROPERTIES LLC/PROFESSIONAL HOSPITAL SUPPLY PROJECT ON
AN 84-ACRE SITE LOCATED AT THE NORTHWEST CORNER OF DENDY
PARKWAY AND WINCHESTER ROAD AS A FUTURE SPECIFIC PLAN AREA (APN
909-370-018 AND 909-370-032) WHICH CONSISTS OF PLANNING APPLICATIONS
NO. PA07-0048, A GENERAL PLAN AMENDMENT, PA07-0220, A DEVELOPMENT
AGREEMENT; PA06-0370, A TENTATIVE MAP, AND PA06-0369 AND PA07-0090, A
DEVELOPMENT PLAN WITH A MINOR EXCEPTION." This Resolution approved the
Mitigated Negative Declaration for the physical development of the property described
therein, including the PHS Facilities. No further action under the California
Environmental Quality Act is required for the Agreement as the Agreement pertains only
to financial matters associated with the physical development described in the Mitigated
Negative Declaration.
J. All legal prerequisites to the adoption of this Resolution have
occurred.
K. This Agreement is a contract within the meaning of Section
53511 (a) of the California Government Code and therefore subject to a validation action
pursuant to Section 860 of the California Code of Civil Procedure.
2. Approval of Aareement. The City Council of the City of Temecula hereby
approves that certain agreement entitled "Operating Covenant Agreement (Professional
Hospital Supply) by and between the City of Temecula and Professional Hospital
Supply, Inc." ("Agreement"), with such changes to the Agreement as may be mutually
agreed upon by PHS and the City Manager and which are in substantial conformance
with the form of such Agreement attached hereto as Exhibit A. The Mayor is hereby
authorized to execute the Agreement on behalf of the City. A copy of the final
Agreement when executed by the Mayor and PHS shall be placed on file in the Office of
the City Clerk.
3. Authoritv of Citv Manaaer. The City Manager (or his designee), is hereby
authorized, on behalf of the City, to take all actions necessary and appropriate to carry
out and implement the Agreement and to administer the City's obligations,
responsibilities and duties to be performed under the Agreement, including but not
limited to, approval and execution on behalf of the City of acceptances, certificates,
certificates of completion and such other implementing agreements and documents as
contemplated, necessary or described in the Agreement.
4. Certification. The City Clerk shall certify to the adoption of this Resolution.
This Resolution shall take effect upon its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 25th day of September , 2007.
, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 25th day of September , 2007, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
OPERATING COVENANT AGREEMENT
(Professional Hospital Supply)
by and between the
CITY OF TEMECULA,
a California municipal corporation and general law city,
and
PROFESSIONAL HOSPITAL SUPPLY, INC.,
Dated as of September 25, 2007 for reference purposes only.
RVPUB\MGRANT\730567.4 Final 9/17/2007
CITY OF TEMECULA
OPERA TING COVENANT AGREEMENT
(Professional Hospital Supply)
THIS OPERATING COVENANT AGREEMENT (Professional Hospital Supply) (this
"Agreement") is entered into by and between the CITY OF TEMECULA, a California municipal
corporation and general law city (the "City"), and PROFESSIONAL HOSPITAL SUPPLY,
INC., a California corporation ("PHS"). This Agreement is dated as of September 25, 2007, for
reference purposes only (the "Reference Date").
RECIT ALS
The City and PHS enter into this Agreement with reference to the following recited facts
(each a "Recital"):
A. PHS is a California corporation licensed to do business in this state and is
engaged in the commercial business of supplying, packaging, manufacturing, distributing, and
delivering medical and surgical supplies. PHS currently services the southern California market
area from facilities located in the City at 41980 Winchester Road, 41995 Zevo Drive, and 43225
Business Park Drive and, at which it employs 1,100 persons, and from which it generates
substantial sales tax revenue for the City.
B. As part of PHS's ongoing efforts to expand its operations in southern California,
it plans to relocate its operations to a new facility ("Temecula Facility") to be built on
approximately 32 acres within the City, generally located at the corner of Winchester Road and
Dendy Parkway, pursuant to a Development Agreement between the City and Temecula
Properties LLC ("Developer"), dated as of September 25, 2007. The estimated cost of the
Temecula Facility is $59,000,000.
C. PHS expects to employ an additional approximately 300 persons at the Temecula
facilities over the next five (5) years above and beyond those persons it currently employs in the
City.
D. PHS and the City desire to provide for PHS' continued operation of its business
within the City.
E. The City Council finds and determines that performance of the City's obligations
under this Agreement and the undertakings of PHS required by this Agreement will promote the
public health, safety, and welfare of the citizens of the City and will be of substantial economic
benefit to the City as the Agreement will: (1) generate new short term and long term quality
employment opportunities within the City; (2) generate new tax revenues that will assist the City
in funding public services for the residents and businesses within the City; (3) preserve and
enhance the job/housing balance described in the City's General Plan and various regional plans;
(4) develop new and expanded commercial and business facilities; (5) expand and enhance the
City's tax base through increased property values and consumer purchasing; and (6) promote the
stability and diversification of the City's economy.
RVPUB\MGRANT\730567.4 Final 9/17/2007
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F. This Agreement places no obligation on the City beyond the year of its execution
unless and until: (I) PHS or the Developer become obligated to pay any Development Impact
Fee related to the Temecula Facility, and (2) PHS continues in business and maintains its
Transaction Point for all PHS Business in the State of California within the City.
G. This Agreement is a contract within the meaning of Section 53511(a) of the
California Government Code and therefore subject to a validation action pursuant to Section 860
of the California Code of Civil Procedure.
AGREEMENT
NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES SET FORTH IN
THIS AGREEMENT, THE CITY AND PHS AGREE, AS FOLLOWS:
I. Definitions. All initially capitalized terms used in this Agreement shall have the
meanings set forth in this Section lor, if not set forth in this Section I, where such terms first
appear in this Agreement, unless the context of usage requires another meaning.
1.1 "Actual City Damages" means, following a Default by PHS under Section 3 of
this Agreement, an amount determined by subtracting the Taxable Sales Revenue from the
Maximum City Damages.
1.2 "Affiliate" of any Person means any other Person Controlling or Controlled by or
under common Control with the Person. "Affiliated" shall have the correlative meaning.
1.3 "Annual Report" means a written report stating the PHS Taxable Sales for a
particular Operating Year.
1.4 "Annual Report Date" means the date that is ninety (90) days following the last
day of the immediately preceding Operating Year.
1.5 "City" means the City of Temecula, a California municipal corporation and
general law city.
1.6 "City Manager" means the City Manager of the City or his or her designee or
successor in function.
1. 7 "City Parties" means, collectively, the City, its elected officials, employees,
attorneys, and other agents.
1.8 "City Party" means, individually, the City, its elected officials, employees,
attorneys, or other agents.
1.9 "Control" means possession, directly or indirectly, of the power to direct or
cause the direction of the management and policies of a Person, whether by ownership of Equity
Interests, by contract, or otherwise.
1.10 "Controlling" and "Controlled" mean exercising or having Control.
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1.11 "Default" is defined in Section 8.
1.12 "Damages Calculation Date" means, with the respect to the calculation of
Actual City Damages upon PHS's or its transferee's relocation of the Transaction Point outside
of the City prior to the expiration of the Transaction Point Maintenance Period, the date of such
relocation.
1.13 "Developer" means Temecula Properties LLC, a California limited liability
company.
1.14 "Development Agreement" means that certain development agreement between
the City of Temecula and Temecula Properties LLC dated as of September 25,2007,2007.
1.15 "Development Fees" means those development impact fees and other fees and
charges imposed by the City against PHS or the Developer in connection with the issuance of
permits, entitlements and other approvals required in connection with the development and
operation of the Temecula Facility, including application fees, inspection fees, building permit
fees, and capital facilities fees.
1.16 "Effective Date" is defined in Section 2.1.
1.17 "Equity Interest" means all or any part of any direct or indirect equity or
ownership interest(s) (whether stock, partnership interest, beneficial interest in a trust,
membership interest in a limited liability company, or other interest of an ownership or equity
nature) in any entity, at any tier of ownership, that directly or indirectly owns or holds any
ownership or equity interest in a Person.
1.18 "Federal" means of or related to the government of the United States of America.
1.19 "Fee Deferral" means the postponement of any obligation that PHS has to pay
Development Fees for the Temecula Facility in accordance with Section 4.1 of this Agreement.
1.20 "Fee Forgiveness" means the City's forgiveness of any obligation that PHS has
to pay deferred Development Fees in accordance with Section 4.3 of this Agreement.
1.21 "Indemnify" means, where this Agreement states that any Indemnitor shall
"indemnify" any Indemnitee from, against, or for a particular matter, that the Indemnitor shall
indemnify the Indemnitee and defend and hold the Indemnitee harmless from and against any
and all loss, cost, claims, liability, penalties, judgments, damages, and other injury, detriment, or
expense (including reasonable attorney fees, interest and penalties) that the Indemnitee suffers or
incurs: (a) from, as a result of, or on account of the particular matter; or (b) in enforcing the
Indemnitor's indemnity obligation.
1.22 "Indemnitee" means any Person entitled to be Indemnified under this Agreement
and its agents, directors, employees, shareholders, officers and elected officials.
1.23 "Indemnitor" means a Party that agrees to Indemnify any other Person.
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RVPUB\MGRANT\730567.4 Final 9/17/2007
1.24 "Maximum City Damages" means an amount determined by multiplying five
(5) times the then-current amount of the Fee Deferral as of the Damages Calculation Date.
1.25 "Negotiation Period" means the forty-five (45) day period commencing on the
effective date of any Notice of dispute given pursuant to Section 5.2(a).
1.26 "Notice" means any approval, consent, demand, designation, election, notice, or
request relating to this Agreement, including any Notice of Default or termination of this
Agreement. Notices shall be delivered, and shall become effective, only in accordance with
Section 17.
1.27 "Notify" means give a Notice.
1.28 "Operating Year" means each twelve (12) month period during the Transaction
Point Maintenance Period commencing on each July 1 and ending on each June 30 of the
following calendar year, with the first Operating Year commencing on July I, 2007 and ending
on June 30, 2008. The first Operating Year is sometimes referred to as "Operating Year I," with
each succeeding Operating Year, thereafter, being consecutively numbered, concluding with a
maximum of "Operating Year 8."
1.29 "Outside Effective Date" means November 1,2007.
1.30 "Parties" means, collectively, PHS and the City.
1.31 "Party" means, individually, PHS or the City, as applicable.
1.32 "Person" means any association, corporation, governmental entity or agency,
individual, joint venture, joint-stock company, limited liability company, partnership, trust,
unincorporated organization or other entity of any kind.
1.33 "PHS" means Professional Hospital Supply, Inc., a California corporation, its
Affiliates and its successors, assigns and transferees of either the PHS Business or the Temecula
Facility.
1.34 "PHS Business" means the business of supplying, packaging, manufacturing,
distributing, and delivering medical and surgical supplies by PHS or such other business as may
be lawfully conducted in the Temecula Facility and which generates Taxable Sales.
1.35 "PHS Parties" means, collectively, PHS, its Affiliates, shareholders, members,
partners, directors, officers, employees, attorneys or other agents.
1.36 "PHS Party" means, individually, PHS, its Affiliates, shareholders, members,
partners, directors, officers, employees, attorneys, or other agents.
1.37 "PHS Taxable Sales" means all Taxable Sales generated from the operation of
the PHS Business for which the Transaction Point is within the City.
1.38 "State" means the State of California.
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RVPUB\MGRANT\730567.4 Final 9/17/2007
1.39 "Taxable Sale" means any transaction subject to imposition of sales or use tax
pursuant to the Bradley-Burns Uniform Sales and Use Tax Law (commencing with Section 7200
of the California Revenue and Taxation Code), or any successor law.
1.40 "Taxable Sales Generation" means, with respect to the calculation of Actual
City Damages, the aggregate amount of PHS Taxable Sales generated by PHS or its transferee(s)
from and after July 1, 2007 through the Damages Calculation Date.
1.41 "Taxable Sales Revenue" means an amount determined by multiplying the
Taxable Sales Generation by 1% (.01).
1.42 "Temecula Facility" means that certain office and distribution facility of
approximately 602,000 square feet to be developed at 42500 Winchester Road, Temecula,
California, 92590 for use by PHS.
1.43 "Transaction Point" means the physical location that, for the purposes of
allocation of sales or use tax revenues to taxing entities from a PHS Taxable Sales transaction, is
the place where the subject personal property is determined to have been sold or first
functionally used, as applicable, pursuant to the Bradley Burns Uniform Local Sales and Use Tax
Law (Revenue and Taxations Code Sections 7200, et seq.), and the associated regulations at Title
18 California Code of Regulations Sections 1800, et seq., as such laws or regulations may be
amended from time to time.
1.44 "Transaction Point Maintenance Period" is July 1,2007 to June 30, 2015.
1.45 "Transfer" of any right, obligation or property means any of the following,
whether by operation of law or otherwise, whether voluntary or involuntary, and whether direct
or indirect: (a) any assignment, conveyance, grant, hypothecation, mortgage, pledge, sale, or
other transfer, whether direct or indirect, of all or any part of such right, obligation or property,
or of any legal, beneficial, or equitable interest or estate in such right, obligation or property or
any part of it (including the grant of any easement, lien, or other encumbrance); (b) any
conversion, exchange, issuance, modification, reallocation, sale, or other transfer of any direct or
indirect Equity Interest(s) in the owner of such right, obligation or property by the holders of
such Equity Interest(s); (c) any transaction described in "b" affecting any Equity Interest(s) or
any other interest in such right, obligation or property or in any such owner (or in any other
direct or indirect owner at any higher tier of ownership) through any manner or means
whatsoever; or (d) any transaction that is in substance equivalent to any of the foregoing. A
transaction affecting Equity Interests, as referred to in clauses "b" through "d," shall be deemed a
Transfer by a Person even though that Person is not technically the transferor. A "Transfer"
shall not, however, include any of the foregoing (provided that the other Party to this Assignment
has received Notice thereof) relating to any Equity Interest: (a) that constitutes a mere change in
form of ownership with no material change in beneficial ownership and constitutes a tax-free
transaction under Federal income tax law and the State real estate transfer tax; (b) to member( s)
of the immediate family(ies) of the transferor(s) or trusts for their benefit; or (c) to any Person
that, as of the Effective Date, holds an Equity Interest in the Person whose Equity Interest is
being transferred.
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RVPUB\MGRANT\730567.4 Final 9/17/2007
1.46 "Unavoidable Delay" means a delay in either Party performing any of its
obligations under this Agreement, except payment of money, arising from or on account of any
cause whatsoever beyond the Party's reasonable control, despite such Party's reasonable diligent
efforts, including industry-wide strikes, labor troubles or other union activities (but only to the
extent such actions do not result from the negligence or willful misconduct of the Party),
casualty, war, acts of terrorism or riots. Unavoidable Delay shall not include delay caused by a
Party's financial condition, illiquidity, or insolvency.
2. Effective Date.
2.1 Definition. This Agreement shall not become binding on either Party, unless and
until the first date on which all of the following occur, if at all (the "Effective Date"):
(a) Execution and Delivery of Agreement by PHS. This Agreement IS
executed by PHS and delivered to the City;
(b) Approval of Agreement by City Council. This Agreement is approved by
the City Council of the City at a public meeting of the City Council, following all legally
required notices and hearings, and such approval is evidenced by a resolution duly adopted by
the City Council of the City; and
(c) Execution and Delivery of Agreement by City. This Agreement IS
executed by the authorized representative(s) of the City and delivered to PHS.
2.2 Termination on Failure to Occur. If all of the conditions precedent to the
Effective Date set forth in Section 2.1 are not satisfied on or before the Outside Effective Date,
then no part of this Agreement shall become binding on or enforceable against either Party and
any prior signatures or approvals of this Agreement by either the City or PHS shall be void and
of no further force or effect.
3. Ooeration Covenant. PHS covenants to the City to maintain, or to cause to be
maintained, the Transaction Point for all Taxable Sales by the PHS Business to points within the
State of California in the City continuously throughout the Transaction Point Maintenance
Period.
4. Develooment Imoact Fee Deferral and Fore:iveness.
4.1 Fee Deferral. Following the Effective Date, whenever in a given Operating
Year, PHS or the Developer becomes obligated to pay any Development Fees for the Temecula
Facility, the City shall defer such obligation until the first day of the subsequent Operating Year.
If on the first day of a given Operating Year, the Transaction Point for all Taxable Sales by the
PHS Business within the State of California is in the City and has been so for the entirety of the
preceding Operating Year, then the City shall defer any and all previously deferred obligation for
an additional year. The maximum total amount that may be deferred in this manner is Two
Million Dollars ($2,000,000). Notwithstanding anything in this Section to the contrary, no
Development Fee obligation shall be deferred past the first day after the end of Operating Year 8,
at which time the deferred fees shall be forgiven as provided in Section 4.3.
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RVPUB\MGRANT\730567.4 Final 9/17/2007
4.2 Fee Reimbursement. If prior to the Effective Date the Developer or PHS pays
any Development Impact Fees for the Temecula Facility that would have been subject to the Fee
Deferral had it come due after the Effective Date, the City shall reimburse the amount of any
such payment in full to the Developer or PHS, as applicable, within thirty (30) days following
the Effective Date, and any amount so reimbursed shall be counted towards the maximum
amount of the Fee Deferral.
4.3 Fee Forgiveness. If PHS maintains or causes to be maintained the Transaction
Point in the City for the entirety of the Transaction Point Maintenance Period, or pays the Actual
City Damages pursuant to Section 9, the City shall forgive any obligation of PHS or any other
party to pay any and all Development Fees that have been deferred pursuant to this Agreement.
5. Annual Reoorts.
5.1 Reporting. On or before each Annual Report Date, PHS shall deliver the
applicable Annual Report to the City.
5.2 Dispute Resolution.
(a) Negotiation Period. Within thirty (30) days following the earlier of: (i)
the City's receipt of the Annual Report for a particular Operating Year; or (ii) the Annual Report
Date for such Operating Year, the City may give Notice of any dispute regarding the amount of
PHS Taxable Sales reported by PHS in the Annual Report for the particular Operating Year.
Any such Notice of dispute shall state all bases for the City's disagreement with the Annual
Report, in detail. Any grounds for disagreement not stated in such Notice shall be waived. If the
City does not give Notice of a dispute regarding the amount of PHS Taxable Sales reported by
PHS in the Annual Report for the particular Operating Year within thirty (30) days following the
applicable Annual Report Date, the City shall have waived any objection to the amount of PHS
Taxable Sales reported by PHS for the particular Operating Year. If the City gives Notice of its
objection to an Annual Report, the Parties shall immediately commence good-faith negotiations
to resolve the dispute(s) stated in the Notice. The Parties shall continue such negotiations until
the earlier of: (1) the end of the Negotiation Period; or (2) the dispute is resolved by a written
agreement between the Parties. Notwithstanding any other part of this Section 5, the Parties may
agree in writing to extend the duration of the Negotiation Period for any amount of time.
(b) ARBITRATION OF DISPUTES. ANY DISPUTE RELATING TO THE
AMOUNT OF PHS TAXABLE SALES REPORTED BY PHS IN AN ANNUAL REPORT
FOR A PARTICULAR OPERATING YEAR SHALL BE SETTLED BY ARBITRATION
ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN
ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, WHICH SHALL BE
COMMENCED WITHIN SIXTY (60) DA YS FOLLOWING THE END OF THE
APPLICABLE NEGOTIATION PERIOD. WITHIN FIFTEEN (15) DAYS AFTER THE
COMMENCEMENT OF ARBITRATION, EACH PARTY SHALL SELECT ONE PERSON
TO ACT AS AN ARBITRATOR. THE TWO SELECTED ARBITRATORS SHALL SELECT
A THIRD ARBITRATOR, WITHIN TEN (10) DAYS FOLLOWING THEIR APPOINTMENT.
IF EITHER PARTY FAILS TO SELECT AN ARBITRATOR, THEN THE ARBITRATOR
SELECTED BY THE OTHER PARTY SHALL ARBITRATE THE DISPUTE, WITHOUT
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ANY OTHER ARBITRATOR. IF THE ARBITRATORS SELECTED BY THE PARTIES
ARE UNABLE TO OR FAIL TO AGREE UPON A THIRD ARBITRATOR, THE THIRD
ARBITRA TOR SHALL BE SELECTED BY THE AMERICAN ARBITRATION
ASSOCIATION. EACH ARBITRATOR SHALL BE A MEMBER OF THE STATE BAR OF
CALIFORNIA, ACTIVELY ENGAGED IN THE PRACTICE OF LAW FOR AT LEAST TEN
(10) YEARS, OR A RETIRED JUDGE OF THE SUPERIOR COURT OF THE STATE OF
CALIFORNIA. THE PLACE OF ARBITRATION SHALL BE THE CITY OF TEMECULA,
CALIFORNIA. EACH PARTY SHALL SUBMIT TO THE ARBITRATOR(S) AND
EXCHANGE WITH EACH OTHER, IN ADVANCE OF THE ARBITRATION HEARING,
THEIR LAST, BEST OFFERS. THE ARBITRA TOR(S) SHALL BE LIMITED TO
A WARDING ONLY ONE OR THE OTHER OF THE TWO FIGURES SUBMITTED. EACH
P ARTY SHALL BEAR ITS OWN COSTS AND EXPENSES AND AN EQUAL SHARE OF
THE ARBITRATOR(S)' AND ADMINISTRATIVE FEES OF ARBITRATION. THE
PARTIES SHALL HAVE THE RIGHTS OF DISCOVERY PROVIDED FOR IN
CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1283.05, WHICH IS
INCORPORATED INTO THIS AGREEMENT BY THIS REFERENCE. EXCEPT AS MAY
BE REQUIRED BY LAW, NEITHER PARTY NOR AN ARBITRATOR MAY DISCLOSE
THE EXISTENCE, CONTENT OR RESULTS OF ANY ARBITRATION UNDER THIS
AGREEMENT, WITHOUT THE PRIOR WRITTEN CONSENT OF BOTH PARTIES. THE
DECISION OF THE ARBITRATOR(S) SHALL BE BINDING ON BOTH PARTIES AND NO
APPEAL OR OTHER SUBSEQUENT LEGAL PROCEEDING OR ACTION SHALL BE
TAKEN BY EITHER PARTY REGARDING SUCH DECISION OR A WARD.
(c) ARBITRATION NOTICE. NOTICE: BY INITIALING IN THE SPACE
BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE
MATTERS INCLUDED IN THIS 'ARBITRATION OF DISPUTES' PROVISION DECIDED
BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE
GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED
IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE
GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE
RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES'
PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO
THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE
AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR
AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
(d) ARBITRATION CONSENT. WE HAVE READ AND UNDERSTAND
THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE
MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO
NEUTRAL ARBITRATION.
INITIALS OF AUTHORIZED CITY
REPRESENT A TIVE(S)
6. Adeauate Consideration.
INITIALS OF AUTHORIZED PHS
REPRESENT A TIVE(S)
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RVPUB\MGRANT\730567.4 Final 9/17/2007
6.1 Exchange of Consideration. The Parties have determined and agreed that: (i)
the Fee Deferral and Fee Forgiveness represents fair consideration to PHS for entering into and
performing its covenants and other obligations under this Agreement; and (ii) that PHS'
performance of its covenants and other obligations under this Agreement represent fair
consideration to the City for the Fee Deferral and Fee Forgiveness and performance of the City's
other obligations under this Agreement.
6.2 No Unstated Consideration. Both Parties acknowledge and agree that neither
Party will receive any compensation under this Agreement other than expressly set forth in this
Agreement. Neither Party shall be entitled to any reimbursement or other compensation from the
other Party for any costs incurred by such Party in performing or preparing to perform its
covenants or other obligations under this Agreement.
7. Coooeration.
7.1 Permits and Authorizations. The City agrees to process all applications to the
City by PHS or the Developer for authorizations, consents, permits or Approvals regarding use
or development of the Temecula Facility in an expeditious manner. The City shall not charge
additional fees relating to expeditious processing of such applications. The City further agrees to
reasonably cooperate with PHS and/or the Developer, at no cost to the City, in securing any
County, State, Federal permits, authorizations or consents that may be required regarding use or
development of the Temecula Facility. The cooperation obligations of the City under this
Section 7.1 shall not require the City to make any economic contribution or incur any material
cost or expense.
7.2 Industrial Development Bonds. If requested by PHS, the City agrees to
reasonably cooperate with PHS or the Developer regarding the issuance of industrial
development bonds, as may be allowed by State or Federal law.
7.3 Timing. The agreements and obligations of the City under this Section 8 shall
not be limited to the Transaction Point Maintenance Period, but shall continue as long as the
PHS Business is located within the City.
8. Defaults. Subject to any extensions of time provided for in this Agreement for
Unavoidable Delay, the occurrence of any of the following events shall constitute a "Default":
8.1. Monetary Default. The failure by any Party to perform any obligation of such
Party under this Agreement for the payment of money, if such failure is not cured within fifteen
(15) days after the non-performing Party's receipt of Notice from the injured Party that such
obligation was not performed, as and when due; or
8.2 Non-Monetary Default. The failure by any Party to perform any of its
obligations set forth in this Agreement, other than obligations subject to Section 8.1 if such
failure is not cured within thirty (30) days after the non-performing Party's receipt of Notice
from the injured Party that such obligation was not performed, as and when due, or, if such
failure is of a nature that cannot reasonably be cured within thirty (30) days, the failure by such
Party to commence such cure within thirty (30) days after receipt of such Notice and to,
thereafter, diligently prosecute such cure to completion.
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RVPUB\MGRANT\730567.4 Final 9/17/2007
9. Citv Damae:es for PHS' ~l:!n:~.<':11 of Section 3 Oblie:ation.
9.1 Subject to the Notice and opportunity to cure requirements of Section 8 and
notwithstanding any other provision of this Agreement to the contrary, as its sole and exclusive
remedy for PHS's Default of its obligation under Section 3 of this Agreement, the City shall
receive from PHS an amount equal to the Actual City Damages computed as of the Damages
Calculation Date. An illustration of the calculation of Actual City Damages, using hypothetical
amounts, is attached hereto as Exhibit "A".
9.2 Waiver. THE CITY ACKNOWLEDGES THAT IT IS A WARE OF THE
MEANING AND LEGAL EFFECT OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH
PROVIDES:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM OR HER WOULD HAVE
MA TERIALL Y AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR.
9.3 Intent to Limit Remedies. CALIFORNIA CIVIL CODE SECTION 1542
NOTWITHSTANDING, IT IS THE INTENTION OF THE CITY TO BE BOUND BY THE
LIMITATION ON DAMAGES AND REMEDIES SET FORTH IN THIS SECTION 9, AND
THE CITY HEREBY WAIVES AND RELEASES ANY AND ALL OTHER CLAIMS
AGAINST PHS FOR MONETARY DAMAGES OR OTHER LEGAL OR EQUITABLE
RELIEF RELATED TO ANY DEF AUL T OR BREACH OF THIS AGREEMENT BY PHS,
EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 9.1, WHETHER OR NOT ANY
SUCH WAIVED OR RELEASED CLAIMS WERE KNOWN OR UNKNOWN TO THE CITY
AS OF THE EFFECTIVE DATE OF THIS AGREEMENT. THE CITY WAIVES THE
BENEFITS OF CALIFORNIA CIVIL CODE SECTION 1542 AND ALL OTHER STATUTES
AND JUDICIAL DECISIONS (WHETHER STATE OR FEDERAL) OF SIMILAR EFFECT
WITH REGARD TO THE LIMITATIONS ON DAMAGES AND REMEDIES AND
WAIVERS AND RELEASES OF ANY SUCH DAMAGES AND REMEDIES CONTAINED
IN THIS SECTION 9.
INITIALS OF AUTHORIZED CITY
REPRESENT A TIVE(S)
10. PHS' Remedv.
10.1 Recovery of Fee Waiver. Subject to the Notice and opportunity to cure
requirements of Section 8 and notwithstanding any other provision of this Agreement to the
contrary, PHS' sole and exclusive remedy regarding a Default by the City of its obligations
concerning the Fee Deferral or Fee Forgiveness shall be (i) recovery of an amount in monetary
damages equal to the Development Fees for which it or the Developer is actually liable in
connection with the Temecula Facility, up to a maximum amount of Two Million Dollars
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RVPUB\MGRANT\730567.4 Final 9/17/2007
($2,000,000) and/or (ii) or a judicial declaration of PHS's right to such Fee Deferral or Fee
Forgiveness.
10.2 Waiver. PHS ACKNOWLEDGES THAT IT IS A WARE OF THE MEANING
AND LEGAL EFFECT OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH
PROVIDES:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM OR HER WOULD HAVE
MA TERIALL Y AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR.
10.3 Intent to Limit Remedies. CALIFORNIA CIVIL CODE SECTION 1542
NOTWITHSTANDING, IT IS THE INTENTION OF PHS TO BE BOUND BY THE
LIMITATION ON DAMAGES AND REMEDIES SET FORTH IN THIS SECTION 10, AND
PHS HEREBY WAIVES AND RELEASES ANY AND ALL OTHER CLAIMS AGAINST
THE CITY FOR MONET AR Y DAMAGES OR OTHER LEGAL OR EQUITABLE RELIEF
RELATED TO ANY DEFAULT OR BREACH OF THIS AGREEMENT BY THE CITY,
EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 10.1, WHETHER OR NOT ANY
SUCH WAIVED OR RELEASED CLAIMS WERE KNOWN OR UNKNOWN TO PHS AS
OF THE EFFECTIVE DATE OF THIS AGREEMENT. PHS WAIVES THE BENEFITS OF
CALIFORNIA CIVIL CODE SECTION 1542 AND ALL OTHER STATUTES AND
JUDICIAL DECISIONS (WHETHER STATE OR FEDERAL) OF SIMILAR EFFECT WITH
REGARD TO THE LIMIT A TIONS ON DAMAGES AND REMEDIES AND WAIVERS AND
RELEASES OF ANY SUCH DAMAGES AND REMEDIES CONTAINED IN THIS
SECTION 10.
INITIALS OF AUTHORIZED PHS
REPRESENT A TIVE(S)
II. Indemnification.
11.1 Obligations. PHS shall Indemnify the City Parties against any wrongful
intentional act or negligence of the PHS Parties relating to performance of this Agreement. The
City shall Indemnify the PHS Parties against any wrongful intentional act or negligence of the
City Parties relating to performance of this Agreement.
11.2 Indemnitee Negligence. Notwithstanding anything to the contrary in this
Agreement, no Indemnitor shall be required to Indemnify any Indemnitee to the extent of the
Indemnitee's wrongful intentional acts or negligence.
11.3 Indemnification Independent of Insurance. The Parties' indemnification
obligations under this Agreement shall not, in any way, be restricted or limited to and are
independent of any insurance carried by a Party.
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11.4 Survival of Indemnification and Defense Obligations. The indemnification and
defense obligations of the Parties under this Agreement shall survive the expiration or earlier
termination of this Agreement, until all claims against any of the Indemnitees involving any of
the indemnified matters are fully, finally, absolutely and completely barred by applicable statutes
of limitations.
11.5 Independent Duty to Defend. The duty to defend under this Agreement is
separate and independent of the duty to Indemnify. The duty to defend applies regardless of
whether the issues of negligence, liability, fault, default or other obligation on the part of the
Indemnitor or the Indemnitee have been determined. The duty to defend applies immediately,
regardless of whether the Indemnitee has paid any sums or incurred any detriment arising out of
or relating (directly or indirectly) to any claims. It is the express intention of the Parties that an
Indemnitee be entitled to obtain summary adjudication or summary judgment regarding an
Indemnitor's duty to defend the Indemnitee at any stage of any claim or suit within the scope of
the Indemnitor's indemnity obligations under this Agreement.
11.6 Indemnification Procedures. Wherever this Agreement requires any Indemnitor
to Indemnify any Indemnitee:
(a) Prompt Notice. The Indemnitee shall promptly notify the Indemnitor of
any claim. To the extent, and only to the extent, that the Indemnitee fails to give prompt notice
of a claim and such failure materially prejudices the Indemnitor in providing indemnity for such
claim, the Indemnitor shall be relieved of its indemnity obligations for such claim.
(b) Selection of Counsel. The Indemnitor shall select counsel reasonably
acceptable to the Indemnitee. Counsel to Indemnitor's insurance carrier that is providing
coverage for a claim shall be deemed reasonably satisfactory. Even though the Indemnitor shall
defend the action, Indemnitee may, at its option and its own expense, engage separate counsel to
advise it regarding the claim and its defense. The Indemnitee's separate counsel may attend all
proceedings and meetings. The Indemnitor's counsel shall actively consult with the
Indemnitee's separate counsel. The Indemnitor and its counsel shall, however, fully control the
defense, except to the extent that the Indemnitee waives its rights to indemnity and defense for
such claim.
(c) Cooperation. The Indemnitee shall reasonably cooperate with the
Indemnitor's defense of the Indemnitee, provided the Indemnitor reimburses the Indemnitee's
actual out of pocket expenses (including attorney fees) of such cooperation.
(d) Settlement. The Indemnitor may, with the Indemnitee's consent, not to be
unreasonably withheld, settle a claim. The Indemnitee's consent shall not be required for any
settlement by which all of the following occur: (i) the Indemnitor procures (by payment,
settlement or otherwise) a release of the Indemnitee from the subject claim(s) by which the
Indemnitee need not make any payment or other performance to the claimant; (ii) neither the
Indemnitee nor the Indemnitor on behalf of the Indemnitee admits liability; and (iii) the
continued effectiveness of this Agreement is not jeopardized in any way.
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12. Citv Contract Administration. The City Manager shall administer this Agreement on
behalf of the City. The City Manager may designate any member or members of the City staff to
carry out such responsibilities. Except as otherwise expressly provided in this Agreement, the
City Manager has the authority to approve or consent to those matters in this Agreement
requiring the City's approval or consent and to make all other decisions on behalf of the City,
subject to the City Manager's retained and reserved sole and absolute discretion to seek City
Council approval of any such matter.
13. Governine: Law. The substantive and procedural laws of the State shall govern the
interpretation and enforcement of this Agreement, without application of conflicts of laws
principles.
14. Transfer. PHS may Transfer, in whole or in part, its rights or obligations under this
Agreement to one or more transferees with the prior written consent of the City, which will not
be unreasonably withheld, delayed, or conditioned, and which shall be given if the proposed
transferee(s) agree(s) to operate a lawful business generating Taxable Sales from the Temecula
Facility and assume(s) PHS's obligations under this Agreement pursuant to a written agreement
mutually and reasonably acceptable to the City, PHS and the transferee(s). The City's approval
shall be deemed irrevocably given if the City fails to approve or disapprove (a) proposed
transferee(s) within thirty (30) days following PHS's written request for approval.
15. Non-liabilitv of City Officials and Emplovees. No elected official, officer, contractor,
consultant, attorney, employee or agent of the City shall be personally liable to PHS, any
voluntary or involuntary successor or assign of PHS, or any lender or other Person holding an
interest in the Temecula Facility or PHS, in the event of any Default or breach of this Agreement
by the City, or for any amount that may be or become due to PHS or its successors or assigns
under this Agreement, or on any obligations arising under this Agreement. No shareholder,
member, partner, principal, officer, attorney, employee or agent of PHS shall be personally liable
to the City, any voluntary or involuntary successor or assign of the City, or any lender or other
Person holding an interest in this Agreement or the Temecula Facility, in the event of any
Default or breach of this Agreement by PHS, or for any amount that may be or become due to
the City or its successors or assigns under this Agreement, or on any obligations arising under
this Agreement.
16. Notices.
16.1 Deliverv. Any and all Notices submitted by either Party to the other Party
pursuant to or as required by this Agreement shall be in writing and addressed to the City or PHS
(and their designated copy recipients) as set forth in Section 16.2. Notices (including any
required copies) shall be delivered personally, by Federal Express, United Parcel Service or other
nationally recognized overnight (one-night) courier service or by registered or certified United
States mail, return receipt requested and postage prepaid, to the addresses set forth in Section
16.2, in which case they shall be deemed delivered on the date of delivery (or when delivery has
been attempted twice, as evidenced by the written report of the courier service) to such
addressees) or on the fourth (4th) day following deposit with the United States Postal Service for
delivery. Either Party may change its address for delivery of Notices by Notice in compliance
with this Agreement. Notice of a change of address shall be effective only upon receipt. Any
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RVPUB\MGRANT\730567.4 Final 9/17/2007
Party giving a Notice may request that the recipient acknowledge receipt of such Notice. The
recipient shall promptly comply with any such request, but failure to do so shall not limit the
effectiveness of any Notice. Any attorney may give any Notice on behalf of its client.
16.2 Addresses. The following are the authorized addresses for the submission of
Notices, demands or communications to the Parties, under this Agreement, as of the Reference
Date:
To City:
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
Attention: City Manager
With a copy to
Richards, Watson & Gershon
355 South Grand Avenue
Los Angeles, CA 90071
Attention: Peter M. Thorson
To PHS:
Professional Hospital Supply, Inc.
41980 Winchester Road
Temecula, CA 92590
Attention: John Augustine, CFO
With a copy to:
Best Best & Krieger LLP
P.O. Box 1028
Riverside, CA 92502
Attention: Michael Grant
17. Jurisdiction and Venue. The Parties each acknowledge and agree that this Agreement is
entered into and is to be fully performed in the City of Temecula, County of Riverside, State of
California, and that all legal actions arising from this Agreement shall be filed in the Superior
Court of the State of California in and for the County of Riverside, California, or the United
States District Court with jurisdiction in the County of Riverside, California.
18. Incomoration of Recitals. The Recitals of fact set forth preceding this Agreement are
true and correct and are incorporated into this Agreement, in their entirety, by this reference.
19. Principles of Interpretation. No inference in favor of or against any Party shall be drawn
from the fact that such Party has drafted any part of this Agreement. The Parties have both
participated substantially in the negotiation, drafting, and revision of this Agreement, with advice
from counsel and other advisers of their own selection. A term defined in the singular in this
Agreement may be used in the plural, and vice versa, all in accordance with ordinary principles
of English grammar, which also govern all other language in this Agreement. The words
"include" and "including" shall be construed to be followed by the words: "without limitation."
Each collective noun shall be interpreted as if followed by the words "(or any part of it)," except
where the context clearly requires otherwise. Every reference to any document, including this
Agreement, refers to such document as modified from time to time (excepting any modification
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RVPUB\MGRANT\730567.4 Final 9/17/2007
that violates this Agreement), and includes all exhibits, schedules, addenda and riders to such
document. The word "or" includes the word "and."
20. Countemart Orie:inals: Intee:ration. This Agreement may be executed in multiple
counterpart originals, each of which is deemed to be an original, but all of which taken together
shall constitute one and the same instrument. This Agreement and the exhibits attached to this
Agreement represent the entire understanding of the Parties and supersede all previous
negotiations, letters of intent, memoranda of understanding or agreements between the Parties
with respect to all or any part of the subject matter of this Agreement.
21. Severabilitv. If any term or provision of this Agreement or its application to any Party or
circumstance shall to any extent be invalid or unenforceable, then the remainder of this
Agreement or the application of such term or provision to Persons or circumstances, except those
as to which it is invalid or unenforceable, shall not be affected by such invalidity. All remaining
provisions of this Agreement shall be valid and be enforced to the fullest extent Law allows.
22. No Waiver. Failure to insist on anyone occasion upon strict compliance with any of the
terms, covenants or conditions of this Agreement shall not be deemed a waiver of such term,
covenant or condition, nor shall any waiver or relinquishment of any rights or powers under this
Agreement at anyone time or more times be deemed a waiver or relinquishment of such right or
power at any other time or times.
23. Time is of the Essence. Time is of the essence in the performance of the Parties'
obligations under this Agreement.
24. Unavoidable Delav: Extension of Time of Performance.
24.1 Notice. Subject to any specific provisions of this Agreement stating that they are
not subject to Unavoidable Delay, performance by either Party under this Agreement shall not be
deemed, or considered to be in Default, where any such Default is due to an Unavoidable Delay.
Any Party claiming Unavoidable Delay shall Notify the other Party: (a) within ten (10) days
after such Party knows of any such Unavoidable Delay; and (b) within five (5) days after such
Unavoidable Delay ceases to exist. To be effective, any Notice of an Unavoidable Delay must
describe the Unavoidable Delay in reasonable detail. The extension of time for an Unavoidable
Delay shall commence on the date of receipt of Notice of the occurrence of the Unavoidable
Delay by the Party not requesting an extension of time to perform due to such Unavoidable
Delay and shall continue until the end of the condition causing the Unavoidable Delay. The
Party seeking to be excused from performance shall exercise its best efforts to cure the condition
causing the Unavoidable Delay, within a reasonable time.
24.2 Assumption of Economic Risks. ANYTHING IN THIS AGREEMENT TO
THE CONTRARY NOTWITHSTANDING, THE PARTIES EXPRESSLY ASSUME THE
RISK OF UNFORESEEABLE CHANGES IN ECONOMIC CIRCUMSTANCES AND/OR
MARKET DEMAND/CONDITIONS AND WAIVE, TO THE GREATEST LEGAL EXTENT,
ANY DEFENSE, CLAIM, OR CAUSE OF ACTION BASED IN WHOLE OR IN PART ON
ECONOMIC NECESSITY, IMPRACTICABILITY, CHANGED ECONOMIC
CIRCUMSTANCES, FRUSTRATION OF PURPOSE, OR SIMILAR THEORIES. EACH
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RVPUB\MGRANT\730567.4 Final 9/17/2007
PARTY AGREES THAT ADVERSE CHANGES IN ECONOMIC CONDITIONS, EITHER OF
SUCH PARTY SPECIFICALLY OR THE ECONOMY GENERALLY, OR CHANGES IN
MARKET CONDITIONS OR DEMANDS, SHALL NOT OPERATE TO EXCUSE OR
DELAY THE STRICT OBSERVANCE OF EACH AND EVERY OF THE OBLIGATIONS,
COVENANTS, CONDITIONS AND REQUIREMENTS OF THIS AGREEMENT. THE
PARTIES EXPRESSLY ASSUME THE RISK OF SUCH ADVERSE ECONOMIC OR
MARKET CHANGES, WHETHER OR NOT FORESEEABLE AS OF THE REFERENCE
DATE.
INITIALS OF AUTHORIZED CITY
REPRESENT A TIVE(S)
INITIALS OF AUTHORIZED PHS
REPRESENT A TIVE(S)
25. No Third Party Beneficiaries. The performance of the Parties' respective obligations
under this Agreement is not intended to benefit any Person other than the City and PHS, except
as may be expressly provided otherwise in this Agreement. No Person not a signatory to this
Agreement shall have any rights or causes of action against any Party to this Agreement as a
result of that Party's performance or non-performance under this Agreement, except as otherwise
expressly provided in this Agreement.
26. No Other Reoresentations or Warranties. Except as expressly set forth in this Agreement,
no Party makes any representation or warranty material to this Agreement to any other Party.
27. Warranties Ae:ainst Payment of Consideration for Agreement. PHS represents and
warrants that PHS has not employed or retained any Person to solicit or secure this Agreement
upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee,
excepting bona fide employees of PHS. PHS further represents and warrants that no gratuities,
in the form of entertainment, gifts or otherwise have been or will be given by PHS or any of its
agents, employees or representatives to any elected or appointed official or employee of the City
in an attempt to secure this Agreement or favorable terms or conditions for this Agreement.
Breach of the representations or warranties of this Section 27 shall automatically terminate this
Agreement, without further notice to or action by either Party, and PHS shall immediately refund
any Fee Waiver made prior to the date of any such termination.
28. Relationship of Parties. The Parties agree and intend that the City and PHS are
independent contracting entities and do not intend by this Agreement to create any partnership,
joint venture, or similar business arrangement, relationship, or association between them.
29. Survival of Ae:reement. All of the provisions of this Agreement shall be applicable to
any dispute between the Parties arising from this Agreement, whether prior to or following
expiration or termination of this Agreement, until any such dispute is finally and completely
resolved between the Parties, either by written settlement, entry of a non-appealable judgment or
expiration of all applicable limitations periods and all terms and conditions of this Agreement
relating to dispute resolution and limitations on damages or remedies shall survive any expiration
or termination of this Agreement.
[Signatures on following page]
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RVPUB\MGRANT\730567.4 Final 9/17/2007
CITY:
SIGNATURE PAGE
TO
OPERA TING COVENANT AGREEMENT
(Professional Hospital Supply)
PHS:
CITY OF TEMECULA, a California
municipal corporation and general law city
By:
Chuck Washington
Mayor
ATTEST:
Susan Jones, MMC
City Clerk
PROFESSIONAL HOSPITAL SUPPLY,
INC., a California corporation
By:
Name:
Its:
By:
Name:
Its:
APPROVED AS TO LEGAL FORM:
By
Peter M. Thorson
City Attorney
RVPUB\MGRANT\730567.4 Final 9/17/2007
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EXHIBIT A
ILLUSTRATION OF CALCULATION OF ACTUAL CITY DAMAGES,
USING HYPOTHETICAL AMOUNTS
EXAMPLE 1 EXAMPLE 2
MAXIMUM CITY
DAMAGES:
CURRENT AMOUNT OF
FEES DEFERRED $ 2,000,000 $ 1,700,000
MULTIPLIER 5 5
TOTAL 10,000,000 8,500,000
TAXABLE SALES
REVENUE:
PHS TAXABLE SALES
THROUGH DAMAGES
CALCULATION DATE 500,000,000 700,000,000
RATE 1.0% 1.0%
TOTAL 5,000,000 7,000,000
ACTUAL CITY DAMAGES $ 5,000,000 $ 1,500,000
R VPUB\MGRANT\ 730567.4
A-I
Project Description:
Location:
Applicant:
General Impact:
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
Mitigation Monitoring Program
Development Agreement between the City of Temecula and
Temecula Properties, LLC, Planning Application Nos. PA07-0220
(Development Agreement), PA07-0048 (General Plan
Amendment), PA06-0370 (Tentative Tract Map No. 35181), and
PA06-0369 (Development Plan) for Professional Hospital Supply
(PHS)
Northwest corner of Winchester Road and Dendy Parkway
The Garrett Group
One BetterWorld Circle
Temecula, CA 92590
Aesthetics
Have a substantial adverse effect on a scenic vista and
substantially degrade the existing visual character or quality of the
site and its surroundings.
1. To ensure that the scale and character of proposed
development along the hillside does not detract from the natural
views, all structures associated with the development shall be
designed in conformance with the General Plan requirements and
Development Code standards. Specifically, the visual mass of the
buildings along the hillside shall be reduced through breaks in the
structure, tree plantings, articulation of the fac;:ade, and other
architectural devices.
2. The development shall be designed to minimize
detrimental impacts on surrounding properties, including, but not
limited to, visual, noise, air quality and other environmental
impacts. Strategies for minimizing the impacts include protecting
any future residential areas adjacent to industrial and commercial
development through screening of circulation areas, loading areas
and trash collection points or other areas that could potentially be
disruptive to the character of the adjacent areas.
Planning staff will verify compliance with the above mitigation
measures as part of the building plan check review process
Prior to issuance of building permits
Planning Department
C:\WI N DOWSlapsdoclnettemp\4828\$ASQpdf857678. doc
General Impact:
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
General Impact:
Air Quality
Violate any air quality standard or contribute substantially to an
existing or projected air quality violation, or result in a cumulatively
considerable net increase of any criteria pollutant for which the
project region is non-attainment under an applicable federal or
state ambient air quality standard (including releasing emissions
which exceed quantitative thresholds for ozone precursors).
3. Adhere to best management practices which include the
application of water on disturbed soils twice daily, covering haul
vehicles, replanting disturbed areas as soon as practical and
restricting vehicle speeds on unpaved roads to 15 mph to control
fugitive dust.
4. Trucks hauling dust, sand, gravel, or soil are to be covered
or should maintain at least two feet of freeboard in accordance
with Section 23114 of the California Vehicle Code.
5. During site grading, underground, and building activity
construction, the contractor shall adhere to SCAQMD Rule 431.2
(diesel fuel with sulfur content of 15 ppm by weight or less).
6. During construction, off-road construction equipment shall
be maintained in good condition and in proper tune as per
manufacturers' specifications and restrict diesel equipment idling
to no more than five minutes.
7. Limit application of paint to 50 gallons per day and use of
Zero-VaC paints (assumes no more than 150 gram/liter of VaC).
Planning staff will verify compliance with the above mitigation
measures as part of the grading plan and building plan review
process
Prior to issuance of a grading permit and building permits
Planning Department and Public Works Department
Biological Resources
Have a substantial adverse effect, either directly or through habitat
modifications, on any species identified as a candidate, sensitive,
or special status species in local or regional plans, policies, or
regulations, or by the California Department of Fish and Game or
U.S. Fish and Wildlife Service, or have a substantial adverse
effect on any riparian habitat or other sensitive natural community
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2
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
General Impact:
identified in local or regional plans, policies, regulations, or by the
California Department of Fish and Game or US Fish and Wildlife
Service.
8. A pre-construction burrowing owl survey is required 30
days prior to commencement of construction. If any burrowing owl
is found on site, the CDFG shall be consulted, and a passive
relocation effort shall be undertaken outside of the nesting
season. No disturbance of active nests shall occur.
9. A qualified biologist shall determine if any active raptor
nests occur within the limits of disturbance prior to
commencement of grubbing, clearing, or grading activities.
10. No brushing, clearing, or grading shall occur within 500
feet of occupied tree-nesting raptor habitat during the raptor
breeding season (typically December to July).
11. In order to ensure MBTA compliance, clearing of native
vegetation shall occur outside the breeding season of most avian
species (February 1 through September 15) unless a pre-
construction nesting bird survey determines that no nesting birds
are present. The City of Temecula shall approve activities after
concurrence is received from the wildlife agencies.
12. Lighting within the proposed project adjacent to preserved
habitat shall be of the lowest illumination allowed for human safety
and selectively placed, shielded, and directed away from
preserved habitat.
13. Impacts to upland habitats and associated species shall be
addressed through participation in the MSHCP and payment of
the MSHCP Local Development Mitigation fees. The project is
located within the Riverside County Stephens' kangaroo rat HCP
Fee Assessment Area fee area.
Planning staff will verify compliance with the above mitigation
measures as part of the grading plan check review process
Prior to issuance of a grading permit and building permits
Planning Department and Public Works Department
Biological e/sources
Have a substantial adverse effect of federally protected wetlands
as defined by Section 404 of the Clean Water Act (including, but
not limited to, marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other means.
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3
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
General Impact:
Mitigation Measures:
14. Both federal Clean Water sections 404 and 401 permits
and a 1602 Streambed Alteration Agreement are required.
Copies of all required permits shall be provided to the City prior to
the start of construction and comply fully with all of the terms and
conditions of those permits and agreement.
15. Impacts to jurisdictional areas shall be mitigated at least a
1:1 ratio through off-site creation or purchase of wetland credits
within an approved wetland mitigation bank.
Planning staff shall verify compliance with the above mitigation
measures as part of the grading plan check review process
Prior to issuance of a grading permit and building permits
Planning Department and Public Works Department
Cultural Resources
Cause a substantial adverse change in the significance of a
historical or archaeological resource pursuant to Section 15064.5,
and disturb any human remains, including those interred outside
of formal cemeteries.
16. Prior to the issuance of a grading permit, the project
proponent shall prepare an assessment of the archaeological and
cultural resources on the 84 acre project site. The assessment
shall be performed by a qualified archaeologist in conjunction with
the Pechanga Band of Luiseiio Indians in order to determine
whether there are cultural resources on the property and evaluate
the significance of any such resources. Any such testing shall
involve the Pechanga Tribe, and all tests to determine impacts
should be completed prior to the issuance of grading permits.
.1--7. ~::3r te the issllanGe ~~ :: ;jraein!j FJ~:~:~, ~~:> FJreject
FJreFJen~~~ ~~::~~ ~~ ~~::~~*-~~:~~~::::~ ::>sellrGeS testin!j en the
sitz in lh:: areas whizh hcr:e seen eesi!jnalee sy the Peehan!ja
+ffiJz as lil;::ly te ezntaJ,r. zullura~ r3SelliGZs. ~::3r te the lestin!j,
the FJrejeGt FJreFJen~~~ ~~::~~ ~:>et with reFJres~~~::~:':es ef the
PeGhang.:: :::=:> ane the City te eetermine the sFJeGifiG aeeitienal
af~::~ ~~::~ ~~::~~ se testee. ReFJres~~~::~:':es ef the PeGhan€j:: Tr~l::s
shall se FJresent ellrin!j the testin!j ane the FJreject FJreFJen~-~ ~h::"
meet ane Genfer in !jeeE! ~:::~~ ','lith sllGh Trisal reFJresenlatives with
resFJeet te eemmznts lh::y may have en the testinB' In lh:: event
_-'''''''__,,1 -""'-">.ti-- - -- - ----yo. -- - -- II -<
cttftttt1.;..._.. ...._~.;... ...~..:...:. c.-f:--Ae€":'-':'-':'':''.J c....:. c.. r..:.":'u jf"
Gllltllral reSellrGeS eisGeveree the testin!j, the Directer ef Plannin!j
shall s- ::~:~~3rizee, felle'l'lin:;; :: ~::SGl~:'~ LJ:>arin!j, te imFJese sllGh
new Geneiliens er meeify ~:::~~:~::J Geneitie~~ ::~ ~"3G~:::::Y--ro
miti!jate any aeeitienal ~~:~~~::::~ ::>sellrGeS imFJacts whie~ ~::~'-be-
C:\WI N DOWSlapsdoclnettemp\4828\$ASQpdf857678. doc
4
iaentifiea. (Deleted at the September 5, 2007 Planning
Commission)
18. Prior to the issuance of grading permits, the project
proponent shall enter into a Treatment Agreement with the
Pechanga Band of Luiseiio Indians. This agreement will address
the treatment and disposition of cultural resources and human
remains that may be uncovered during construction as well as
provisions for tribal monitors.
19. Tribal monitors from the Pechanga Band of Luiseiio
Indians shall be allowed to monitor all grading, excavation and
ground-breaking activities, including further surveys, to be
compensated by the project proponent. The Pechanga Tribal
monitors shall have the authority to temporarily stop and redirect
grading activities to evaluate the significance of any
archaeological resources discovered on the property, in
conjunction with the archeologist and the Lead Agency.
20. A qualified archaeologist monitor shall be present during
all earthmoving activities. The monitor shall be empowered to
temporarily halt or redirect construction work in the vicinity of the
find until it can be evaluated by the project archaeologist in
conjunction with the Pechanga Tribe. In the event of a new find,
further testing, excavation, and/or reporting may be required.
21. If cultural resources are discovered during the project
construction (inadvertent discoveries), all work in the area of the
find shall cease, and a qualified archaeologist and representatives
of the Pechanga Tribe shall be retained by the project sponsor to
investigate the find, and make recommendations as to treatment
and mitigation.
22. If human remains are encountered, all activity shall cease
and the County Coroner must be notified immediately. State
Health and Safety Code Section 7050.5 state that no further
disturbance shall occur until the County Coroner has made a
determination of the origin and until treatment pursuant to Public
Resources Code Section 5097.98 has been decided. The Coroner
shall determine if the remains are prehistoric, and shall notify the
State Native American Heritage Commission (NAHC) if applicable.
Further actions shall be determined ey the aesires ef the Most
Lil(oly Dosconaont (MLD). pursuant to California Public
Resources Code Section 5097.98 (Amended at the September
5, 2007 Planning Commission)
23. The landowner shall agree to relinquish ownership of all
cultural resources, including all Luiseiio sacred items, burial goods
and all archeological artifacts that are found on the project site to
the Pechanga Band of Luiseiio Indians for proper treatment and
disposition.
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Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
General Impact:
Mitigation Measures:
24. All E:aGree E:iteE: wit~;~ ~~':l I3rejeGt area are te ee aveieee
ane I3reE:ervee. (Deleted at the September 5, 2007 Planning
Commission)
25. The %-acre of cultural site CA-RIV 237 located in the
northeast corner of Planning Application 06-0370 shall be
preserved in Open Space and recorded with the County Recorder
of Riverside County as a conservation easement for preservation
purposed in perpetuity. The %-acre of CA-RIV 237 shall not be
subjeGt to development, archeological testing or ground-disturbing
aGtivities.
The Planning Department shall be notified in the event any
resources are discovered. Place the above Condition of Approval
on this projeGt to require cultural resource monitoring during all
earthmoving aGtivities.
On-going during all earthmoving phases of the projeGt
Planning Department and Public Works Department
Cultural Resources
Cause a substantive adverse change in the significance of
paleontological resources.
26. A qualified paleontological monitor shall provide cultural
resources sensitivity training (a 15 min. presentation) for all projeGt
personnel.
27. All impaGts to the sandstone and fanglomerate members of
the Pauba Formation shall be monitored full time at the beginning
of grading. A trained paleontological monitor shall be present
during ground disturbing aGtivities within the projeGt area
determined likely to contain paleontological resources. Monitoring
will be adjusted to spot checking if initial monitoring shows
negative results.
28. Upon encountering any significant fossils, salvage of all
fossils in the area shall be conduGted with additional field staff and
in accordance with modern paleontological techniques.
29. Any significant fossils recovered shall be prepared to a
reasonable point of identification. Excess sediment or matrix will
be removed from the specimens to reduce the bulk and cost of
storage. Itemized catalogs of all material collected and identified
shall be provided to the museum repository along with the
specimens.
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Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
General Impact:
Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
General Impact:
30. Prior to the issuance of a building permit, a report
documenting the results of the monitoring and any salvage
activities and the significance of the fossils shall be prepared.
31. Any significant fossils recovered, along with the itemized
inventory of the specimens, shall be deposited in a museum
repository for permanent curation and storage.
The Planning Department shall be notified in the event any
resources are discovered. Place the above Condition of Approval
on this project to require cultural resource monitoring during all
earthmoving activities.
On-going during all earthmoving phases of the project
Planning Department and Public Works Department
Geology and Soils
Expose people or structures to potential substantial adverse
effects, including the risk of loss, injury, or death involving strong
seismic ground shaking.
32. Seismically resistant structural design in accordance with
local building ordinances shall be followed during the design of all
structures.
33. Subsequent geotechnical reviews shall be conducted prior
to the development of Parcels 1, 2, and 3 created by this project.
Building and Safety staff will verify compliance with the above
mitigation measure as part of the grading and building plan check
review processes.
Prior to issuance of a grading permit and building permits
Planning Department, Building and Safety Department, and Public
Works Department
Geology and Soils
Result in substantial soil erosion or the loss of topsoil, be located
on a geologic unit or soil that is unstable, or that would become
unstable as a result of the project, and potentially result in on- or
off-site landslide, lateral spreading, subsidence, liquefaction or
collapse, or be located on expansive soil, as defined in Table 18-
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Mitigation Measure:
Specific Process:
Mitigation Milestone:
Responsible Monitoring
Party:
General Impact:
Mitigation Measure:
Specific Process:
1-B of the Uniform Building Code (1994), creating substantial risks
to life or property.
34. Prior to the issuance of grading and building permits, the
applicant shall submit to the Public Works Department an erosion
control plan prepared in accordance with the requirements of the
Temecula Municipal Code, Section 18.15, Erosion and Sediment
Control.
35. Prior to the issuance of occupancy permits, landscape
plans shall be prepared for all slopes created by the grading and
fill of these sites consistent with "Slope Planting Guidelines" and
the Development Code, and shall provide erosion control on
undeveloped portions of the site.
36. Prior to the issuance of grading and building permits, the
recommendations contained in soils report(s), geotechnical report,
and slope stability report shall be implemented.
37. Plants selected for slope landscaping shall be light-weight,
deep rooted type vegetations that require little water and are
capable of surviving with little irrigation.
Planning, Public Works, and Building and Safety staff will verify
compliance with the above mitigation measure as part of the
grading and building plan check review processes.
Prior to issuance of a grading permit and building permits
Planning Department, Building and Safety Department, and Public
Works Department
Noise
Exposure of persons to or generation of noise levels in excess of
standards established in the local general plan or noise ordinance,
or applicable standards of other agencies.
38. Prior to issuance of a building permit, the project applicant
shall submit an acoustical analysis prepared by a certified
acoustical engineer to ensure that noise levels will not exceed an
Ldn of 75 dBA exterior or an Ldn of 55 dBA interior at the
receptor. The analysis shall include requirements such as special
design measures to protect surrounding noise sensitive uses from
ultimate projected operational noise levels.
Planning staff will verify compliance with the above mitigation
measures as part of the building plan check review process
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Mitigation Milestone:
Responsible Monitoring
Party:
Prior to issuance of building permits
Planning Department
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA06-0370
Project Description: A Tentative Tract Map (TTM 35181) to subdivide 84 gross
acres into five parcels, four developable lots and one
easement parcel for slope and drainage purposes. The
project site is located at the northwest corner of Dendy
Parkway and Winchester Road
Assessor's Parcel No.: 909-370-018 and 909-370-032
MSHCP Category: Per Development Agreement
DIF Category:
Per Development Agreement
TUMF Category:
Per Development Agreement
Approval Date:
September 6, 2007 Per Development Agreement
(Amended at the September 5, 2007 Planning
Commission)
Expiration Date:
September S, 29-1-0- Per Development Agreement
(Amended at the September 5, 2007 Planning
Commission)
WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
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 One Thousand Eight
Hundred Sixty-Four Dollars ($1,864.00) which includes the One Thousand Eight Hundred
Dollar ($1 ,800.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty-
Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice of
Determination for the Mitigated Negative Declaration required under Public Resources Code
Section 21152 and California Code of Regulations Section 15075. If within said 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)].
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GENERAL REQUIREMENTS
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Planning Department
2. 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.
3. The tentative subdivision shall comply with the State of California Subdivision Map Act and
to all the requirements of Ordinance No. 460, unless modified by the conditions listed below.
A time extension may be approved in accordance with the State Map Act and City
Ordinance, upon written request, if made 60 days prior to the expiration date.
4. The 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.
5. The approval granted by this Resolution shall become effective upon the Effective Date of
the Development Agreement, as the term Effective Date is defined in the Development
Agreement adopted concurrently with this Resolution.
6. If Subdivision phasing is proposed, a .ahasina alan shall be submitted to and approved by
the Planning Director.
7. The project and all subsequent projects within this site shall be subject to the Garrett/PHS
Development Agreement (PA07-0220).
8. All lots created by TTM35181 shall be developed as identified in the Development
Agreement (PA07-0220).
9. The project and all subsequent projects within this site shall comply with all mitigation
measures contained in the approved Mitigation Monitoring Program.
10. A Specific Plan consistent with Development Agreement (PA07-0220) shall be submitted
prior to the approval of any development plans for Lots 1, 2, or 3 created by TTM 35181.
Public Works Department
11. It is understood that the Developer correctly shows on the tentative map all existing and
proposed easements, traveled ways, improvement constraints and drainage courses, and
their omission may require the project to be resubmitted for further review and revision.
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12. A Grading Permit for either rough or precise grading shall be obtained from the Department
of Public Works prior to commencement of any construction outside of the City-maintained
road right-of-way.
13. 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.
14. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for
consistency with adjacent projects and existing improvements contiguous to the site and
shall be submitted on standard 24" x 36" City of Temecula mylars.
15. The provisions for the design, improvement, lot configuration, public facility financing and the
following conditions of approval are predicated on the approval and full execution of a
Development Agreement between Temecula Properties, LLC and the City on or about
September 25, 2007.
Fire Prevention Bureau
16. 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.
17. 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 4,000 GPM at
20 PSI residual operating pressure for a 4 hour duration. The Fire Flow as given above has
taken into account all information as provided (CFC 903.2, Appendix III-A)
18. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III-B, Table A-III-B-1. A combination of on-site and off-site (6" x 4" x 2-2 1/2"
outlets) on a looped system shall be located on fire access roads and adjacent to public
streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be
located no more than 210 feet from any point on the street or Fire Department access
road(s) frontage to an hydrant. The required fire flow shall be available from any adjacent
hydrant(s) in the system. The upgrade of existing fire hydrants may be required (CFC 903.2,
903.4.2, and Appendix III-B).
19. 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).
Community Service Department
20. The Applicant shall comply with the Public Art Ordinance.
21. 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.
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PRIOR TO RECORDATION OF THE FINAL MAP
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Planning Department
22. The following shall be submitted to and approved by the Planning Division:
a. A copy of the Final Map.
b. A copy of the Environmental Constraint Sheet (ECS) with the following notes:
i. This property is located within thirty (30) miles of Mount Palomar
Observatory. All proposed outdoor lighting systems shall comply with the
California Institute of Technology, Palomar Observatory recommendations,
Ordinance No. 655.
ii. A Mitigated Negative Declaration was prepared for this project and is on file
at the City of Temecula Planning Department.
iii. This project is within the Alquist-Priolo Special Studies Zone.
iv. This project contains sensitive cultural resources.
23. The %-acre of cultural site CA-RIV 237 located in the northeast corner of Planning
Application 06-0370 shall be preserved in Open Space and recorded with the County
Recorder of Riverside County as a conservation easement for preservation purposed in
perpetuity. The %-acre of CA-RIV 237 shall not be subject to development, archeological
testing or ground-disturbing activities.
24. The applicant shall comply with the provisions of the Development Agreement (PA07 -0220)
prior to Final Map recordation.
Public Works Department
25. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Rancho California Water District
c. Riverside County Flood Control and Water Conservation District
d. City of Temecula Fire Prevention Bureau
e. Planning Department
f. Department of Public Works
g. Riverside County Health Department
h. Time Warner
i. Community Services District
j. Verizon
k. Southern California Edison Company
I. Southern California Gas Company
m. Fish and Game
n. Army Corps of Engineers
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26. The Developer shall design and guarantee construction of the following public improvements
to City of Temecula General Plan standards unless otherwise noted. Plans shall be
reviewed and approved by the Department of Public Works:
a. Winchester Road (Major Arterial Standards - 100' R/W) between Dendy Parkway
and the southern project boundary plus transition to include dedication of half-width
street right-of-way, installation of half-width street improvements, paving, curb and
gutter, sidewalk, painted median, street lights, drainage facilities, signing and striping
and utilities (including but not limited to water and sewer).
b. Dendy Parkway (Major Arterial Standards - 100' R/W) between Winchester Road
and the eastern project boundary plus transition to include dedication of half-width
street right-of-way, installation of half-width street improvements, paving, curb and
gutter, sidewalk, painted median, street lights, drainage facilities, signing and striping
and utilities (including but not limited to water and sewer).
c. Remington Avenue (Industrial Collector Highway Standards - 78' R/W) to include
dedication of full width street right-of-way, installation of full width street
improvements, curb and gutter, sidewalk, painted median, street lights, drainage
facilities, signing and striping, utilities (including but not limited to water and sewer).
d. Remington Avenue and Winchester Road intersection to include a stop control on
the eastbound leg of Remington Avenue for an all-way stop controlled intersection
and a striped 200-foot northbound left turn pocket. In addition, secure with a cash
deposit to include a year 2009 traffic analysis to determine traffic signal warrants and
a fair share contribution for the design and installation of a traffic signal.
e. Cherry Street (Major Arterial- 100' R/W)
i. Dedication of half-width street right-of-way.
f. Western Bypass Corridor (Major Arterial - 100' R/W)
i. Dedication of full-width street right-of-way plus an easement for slope
construction, maintenance and drainage purposes.
g. All street improvement design shall provide adequate right-of-way and pavement
transitions per Caltrans standards for transition to existing street sections.
27. Unless otherwise approved the following minimum criteria shall be observed in the design of
the street improvement plans:
a. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum
over A.C. paving.
b. Driveways shall conform to the applicable City Standard No. 207A.
c. Street lights shall be installed along the public streets shall be designed in
accordance with City Standard No. 800, 801, 802 and 803.
d. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400
and 401.
e. Design of street improvements shall extend a minimum of 300 feet beyond the
project boundaries to ensure adequate continuity of design with adjoining properties.
f. Minimum centerline radii shall be in accordance with City Standard No. 113.
g. All street and driveway centerline intersections shall be at 90 degrees.
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h. All knuckles shall be constructed in accordance with City Standard No. 602.
i. All cul-de-sacs shall be constructed in accordance in City Standard No. 600.
j. 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.
k. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall
be provided underground. Easements shall be provided as required where
adequate right-of-way does not exist for installation of the facilities. All utilities shall
be designed and constructed in accordance with City Codes and the utility provider.
I. All utilities, except electrical lines rated 34kv or greater, shall be installed
underground.
28. A construction phase Traffic Control Plan shall be designed by a registered Civil Engineer
and reviewed by the Department of Public Works for any street closure and detour or other
disruption to traffic circulation as required by the Department of Public Works.
29. Relinquish and waive right of access to and from Winchester Road on the Final Map.
Specific access openings will be determined through the Development Plan process as
stated in the Development Agreement.
30. Relinquish and waive right of access to and from Dendy Parkway on the Final Map. Specific
access openings will be determined through the Development Plan process as stated in the
Development Agreement.
31. Relinquish and waive right of access to and from Remington Avenue on the Final Map.
Specific access openings will be determined through the Development Plan process as
stated in the Development Agreement.
32. Relinquish and waive right of access to and from Cherry Street on the Final Map. Specific
access openings will be determined through the Development Plan process as stated in the
Development Agreement.
33. Relinquish and waive right of access to and from the Western Bypass Corridor on the Final
Map. Specific access openings will be determined through the Development Plan process
as stated in the Development Agreement.
34. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities
shall be provided at all street intersections in accordance with Riverside County Standard
No. 805.
35. All easements and/or right-of-way dedications shall be offered for dedication to the public or
other appropriate agency and shall continue in force until the City accepts or abandons such
offers. All dedications shall be free from all encumbrances as approved by the Department
of Public Works.
36. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an
existing Assessment District must comply with the requirements of said section. Prior to City
Council approval of the Final Map, the Developer shall make an application for
reapportionment of any assessments with appropriate regulatory agency.
37. Any delinquent property taxes shall be paid.
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38. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Final
Map to delineate identified environmental concerns and shall be recorded with the map.
39. The Developer shall comply with all constraints which may be shown upon an Environmental
Constraint Sheet recorded with any underlying maps related to the subject property.
40. The Developer shall make a good faith effort to acquire the required off-site property
interests, and if he or she should fail to do so, the Developer shall, prior to submittal of the
Final Map for recordation, enter into an agreement to complete the improvements pursuant
to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall
provide for payment by the Developer of all costs incurred by the City to acquire the off-site
property interests required in connection with the subdivision. Security of a portion of these
costs shall be in the form of a cash deposit in the amount given in an appraisal report
obtained by the Developer, at the Developer's cost. The appraiser shall have been
approved by the City prior to commencement of the appraisal.
41. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit
shall be installed to cable TV standards at time of street improvements.
42. Private drainage easements for cross-lot drainage shall be required and shall be delineated
and noted on the final map.
43. Easements, when required for roadway slopes, landscape easements, drainage facilities,
utilities, etc., shall be shown on the final map if they are located within the land division
boundary. All offers of dedication and conveyances shall be submitted for review and
recorded as directed by the Department of Public Works. On-site drainage facilities located
outside of road right-of-way shall be contained within drainage easements and shown on the
final map. A note shall be added to the final map stating "drainage easements shall be kept
free of buildings and obstructions. "
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PRIOR TO ISSUANCE OF GRADING PERMITS
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Planning Department
44. A copy of the Rough Grading plans shall be submitted and approved by the Planning
Department.
45. The recommendations contained in soils report(s), geotechnical report, and slope stability
report shall be implemented.
46. Both Federal Clean Water Sections 404 and 401 permits and a 1602 Streambed Alteration
Agreement are required. Copies of all required permits shall be provided to the City priorto
the start of construction and comply fully with all of the terms and conditions of those permits
and agreement.
47. Impacts to jurisdictional areas will be mitigated at least a 1:1 ratio through off-site creation or
purchase of wetland credits within an approved wetland mitigation bank.
48. Impacts to upland habitats and associated species will be addressed through participation in
the MSHCP and payment of the MSHCP Local Development Mitigation fees. The project is
located within the Riverside County Stephens' kangaroo rat HCP Fee Assessment Area fee
area.
49. A pre-construction burrowing owl survey is required 30 days prior to commencement of
construction. If any burrowing owl is found on site, the CDFG shall be consulted, and a
passive relocation effort shall be undertaken outside of the nesting season. No disturbance
of active nests will occur.
50. A qualified biologist shall determine if any active raptor nests occur within the limits of
disturbance prior to commencement of grubbing, clearing, or grading activities.
51. No brushing, clearing, or grading shall occur within 500 feet of occupied tree-nesting raptor
habitat during the raptor breeding season (typically December to July).
52. In order to ensure MBTA compliance, clearing of native vegetation shall occur outside the
breeding season of most avian species (February 1 through September 15) unless a pre-
construction nesting bird survey determines that no nesting birds are present. The City of
Temecula would need to approve activities after concurrence is received from the wildlife
agencies.
53. 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
discovery 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."
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54. The project proponent shall enter into a Treatment Agreement with the Pechanga Band of
Luiseiio Indians. This agreement will address the treatment and disposition of cultural
resources and human remains that may be uncovered during construction as well as
provisions for tribal monitors.
55. Tribal monitors from the Pechanga Band of Luiseiio Indians shall be allowed to monitor all
grading, excavation and ground-breaking activities, including further surveys, to be
compensated by the project proponent. The Pechanga Tribal monitors shall have the
authority to temporarily stop and redirect grading activities to evaluate the significance of any
archaeological resources discovered on the property, in conjunction with the archeologist
and the Lead Agency.
56. A qualified archaeologist monitor shall be present during all earthmoving activities. The
monitor shall be empowered to temporarily halt or redirect construction work in the vicinity of
the find until it can be evaluated by the project archaeologist in conjunction with the
Pechanga Tribe. In the event of a new find, further testing, excavation, and/or reporting may
be required.
57. If cultural resources are discovered during the project construction (inadvertent discoveries),
all work in the area of the find shall cease, and a qualified archaeologist and representatives
of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and
make recommendations as to treatment and mitigation.
58. If human remains are encountered, all activity shall cease and the County Coroner must be
notified immediately. State Health and Safety Code Section 7050.5 state that no further
disturbance shall occur until the County Coroner has made a determination of the origin and
until treatment pursuant to Public Resources Code Section 5097.98 has been decided. The
Coroner shall determine if the remains are prehistoric, and shall notify the State Native
American Heritage Commission (NAHC) if applicable. Further actions shall be determined
pursuant to California Public Resources Code Section 5097.98.
59. The landowner shall agree to relinquish ownership of all cultural resources, including all
Luiseiio sacred items, burial goods and all archeological artifacts that are found on the
project site to the Pechanga Band of Luiseiio Indians for proper treatment and disposition.
eC'. .'\11 E:asrea E:iteE: 'I\':~~:~ ~~:> I3rejest area are te ee aveiaea ana I3reE:ervea. (Deleted at the
September 5,2007 Planning Commission)
61. Cultural Resources Sensitivity Training (a 15-minute presentation) should be required for all
project personnel.
62. All impacts to the sandstone and fanglomerate members of the Pauba Formation should be
monitored full time at the beginning of grading. A trained paleontological monitor shall be
present during ground disturbing activities within the project area determined likely to contain
paleontological resources. Monitoring will be adjusted to spot checking if initial monitoring
shows negative results.
63. Upon encountering any significant fossils, salvage of all fossils in the area will be conducted
with additional field staff and in accordance with modern paleontological techniques.
64. Any significant fossils recovered shall be prepared to a reasonable point of identification.
Excess sediment or matrix will be removed from the specimens to reduce the bulk and cost
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of storage. Itemized catalogs of all material collected and identified shall be provided to the
museum repository along with the specimens.
65. A report documenting the results of the monitoring and any salvage activities and the
significance of the fossils shall be prepared.
66. Any significant fossils recovered, along with the itemized inventory of the specimens, shall
be deposited in a museum repository for permanent curation and storage.
Public Works Department
67. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Riverside County Flood Control and Water Conservation District
c. Planning Department
d. Department of Public Works
e. Riverside County Health Department
f. Community Services District
g. General Telephone
h. Southern California Edison Company
i. Southern California Gas Company
68. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of
Temecula standards and approved by the Department of Public Works prior to
commencement of any grading. The plan shall incorporate adequate erosion control
measures to protect the site and adjoining properties from damage due to erosion.
69. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the
Department of Public Works with the initial grading plan check. The report shall address all
soils conditions of the site, and provide recommendations for the construction of engineered
structures, cut and fill slopes and preliminary pavement sections.
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70. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist
and submitted to the Department of Public Works with the initial grading plan check. The
report shall address special study zones and identify any geotechnical hazards for the site
including location of faults, slope stability and potential for liquefaction. The report shall
include recommendations to mitigate the impact of ground shaking and liquefaction.
a. Based on geologic relationships and observations, the site lacks evidence to support
the existence/presence of Holocene faulting (i.e. broken soil horizon or shear
planes). The building site area is not traversed by an active fault that would affect
the stability of the cut slope proposed or the building structure. A certified
engineering geologist shall perform regular field reconnaissance during site
earthwork construction. This field mapping is intended to further evaluate site
conditions and limit the possibility that adverse conditions will be exposed that could
affect site stability.
71. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the
Department of Public Works with the initial grading plan check. The study shall identify
storm water runoff quantities expected from the development of this site and upstream of the
site. It shall identify all existing or proposed off-site or on-site, public or private, drainage
facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall
capable of receiving the storm water runoff without damage to public or private property.
The study shall include a capacity analysis verifying the adequacy of all facilities. Any
upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall
be provided as part of development of this project. The basis for analysis and design shall
be a storm with a recurrence interval of one hundred years.
72. Construction-phase pollution prevention controls shall be consistent with the City's Grading,
Erosion and Sediment Control Ordinance and associated technical manual, and the City's
standard notes for Erosion and Sediment Control.
73. The project shall demonstrate coverage under the State NPDES General Permit for
Construction Activities by providing a copy of the Waste Discharge Identification number
(WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater
Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of
construction activities.
74. 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.
75. 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. Provide receipt of paid Area Drainage Plan fees
from the County.
76. 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.
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77. The Developer shall obtain letters of approval or easements for any off-site work performed
on adjoining properties. The letters or easements shall be in a format as directed by the
Department of Public Works.
Fire Prevention Bureau
78. 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).
79. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-
de-sac shall be forty-five (45) feet (CFC 902.2.2.2.3 and Subdivision Ord 16.03.020).
80. Prior to building construction, all locations where structures are to be built shall have
approved temporary Fire Department vehicle access roads for use until permanent roads
are installed. Temporary Fire Department access roads shall be an all weather surface for
80,000 lbs. GVW (CFC 8704.2 and 902.2.2.2).
81. 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).
82. The gradient for a fire apparatus access roads shall not exceed fifteen (15) percent. (CFC
902.2.2.6 Ord. 99-14)
83. Prior to building construction, dead end roadways and streets in excess of one hundred and
fifty (150) feet which have not been completed shall have a turnaround capable of
accommodating fire apparatus (CFC 902.2.2.4).
84. 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).
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PRIOR TO ISSUANCE OF BUILDING PERMITS
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Planning Department
85. The applicant shall file and receive approval of a Development Plan for all future
development within the subject parcels.
86. Landscape plans shall be prepared for all slopes created by the grading and fill of the site
consistent with "Slope Planting Guidelines" and the Development Code, and shall provide
erosion control on undeveloped portions of the site.
87. Landscape plans for Parcel 4 shall include the off-site slopes created by the development of
Parcel 4 (including but not limited to the slopes proposed within Parcel 2 and the detention
basin proposed within Parcel 1). All landscaping shall be installed and maintained in
satisfactory condition by the property owner.
Public Works Department
88. Final Map 35181 shall be approved and recorded.
89. A Precise Grading Plan shall be submitted to the Department of Public Works for review and
approval. The building pad shall be certified by a registered Civil Engineer for location and
elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction
and site conditions.
90. Grading of the subject property shall be in accordance with the California Building Code, the
approved grading plan, the conditions of the grading permit, City Grading Standards and
accepted grading construction practices. The final grading plan shall be in substantial
conformance with the approved rough grading plan.
91. A paved emergency vehicle access shall be installed to the satisfaction of the City Engineer
and the Fire Marshall.
92. 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.
93. 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.
Fire Prevention Bureau
94. The developer shall furnish three copies of the water system plans directly 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. Hydraulic calculations are
required for fire flow with the submittal. Once the plans have been approved by the fire
department the plans get picked up from the fire department, mylars are made and they are
then signed by the local water company, the mylars shall be presented to the Fire Prevention
Bureau for final signatures. After all the signatures are obtained a bond copy shall be
submitted back to the fire department. Once the fire department received this final copy the
permit job card will be released. The permit job card indicates all the inspections that are
required by the fire department. The required water system including fire hydrants shall be
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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 241-4.1).
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95. All locations where structures are to be built shall have approved Fire Department vehicle
access roads to within 150 feet to any portion of the facility or any portion of an exterior wall
of the building(s). Fire Department access roads shall be an all weather surface designed
for 80,000 lbs. GVW with a minimum AC thickness of .25 feet (CFC sec 902).
96. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three
sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention
Bureau.
97. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets
of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau.
98. Fuel modification plans shall be submitted to the Fire Prevention Bureau for review and
approval for all open space areas adjacent to the wildland-vegetation interface (CFC
Appendix II-A)
99. A full technical report may be required to be submitted and to the Fire Prevention Bureau.
This report shall address, but not be limited to, all fire and life safety measures per 1998
CFC, 1998 CBC, NFPA - 13, 24, 72 and 231-C.
Community Service Department
100. 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.
101. The developer shall make arrangements with the franchised hauler to dispose of the
construction debris.
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PRIOR TO ISSUANCE OF OCCUPANCY PERMITS
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Planning Department
102. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
Fire Prevention Bureau
103. "Blue Reflective Markers" shall be installed to identify fire hydrant locations (CFC 901.4.3).
104. 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 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 (CFC 901.4.4).
105. Based on square footage and type of construction, occupancy or use, the developer shall
install a fire sprinkler system (CFC Article 10, CBC Chapter 9).
106. 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).
107. 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 main entrance door (CFC 902.4).
108. 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).
109. 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.
110. Buildings housing high-piled combustible stock shall comply with the provisions of Uniform
Fire Code Article 81 and all applicable National Fire Protection Association standards. The
storage of high-piled combustible stock may require structural design considerations or
modifications to the building. Fire protection and life safety features may include some or all
of the following: an automatic fire sprinkler system(s) designed for a specific commodity
class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains,
Fire Department access doors and Fire department access roads (CFC Article 81).
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111. Prior to the building final, speculative buildings capable of housing high-piled combustible
stock, shall be designed with the following fire protection and life safety features: an
automatic fire sprinkler system(s) designed for a specific commodity class and storage
arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department
access doors and Fire department access roads. Buildings housing high-piled combustible
stock shall comply with the provisions California Fire Code Article 81 and all applicable
National Fire Protection Association standards (CFC Article 81).
112. The developer/applicant shall be responsible for obtaining underground and/or aboveground
tank permits for the storage of combustible liquids, flammable liquids or any other hazardous
materials from both the County Health department and Fire Prevention Bureau (CFC 7901.3
and 8001.3).
113. 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.
114. The applicant shall submit for review and approval by the Riverside County Department of
Environmental Health and City Fire Department an update to the Hazardous Material
Inventory Statement and Fire Department Technical Report on file at the City; should any
quantities used or stored onsite increase or should changes to operation introduce any
additional hazardous material not listed in existing reports (CFC Appendix II-E)
115. 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 a ESRI Arclnfo/ArcView compatib/eformat 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.
116. 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).
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OUTSIDE AGENCIES
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117. The applicant shall comply with the recommendations set forth in the Rancho California
Water District's transmittal dated December 27, 2006, a copy of which is attached.
118. The applicant shall comply with the recommendations set forth in the Eastern Information
Center's transmittal dated December 19, 2006, a copy of which is attached.
119. The applicant shall comply with the recommendations set forth in the Pechanga Cultural
Resources comment letter dated December 22, 2006, a copy of which is attached.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in conformance
with these conditions of approval and that any changes I may wish to make to the project shall be
subject to Community Development Department approval.
Applicant's Signature
Date
Applicant's Printed Name
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EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA06-0369 and PA07-0090
Project Description: A Development Plan application to construct a three
story, 608,934 square foot industrial distribution building
for office and warehouse use, a 400 square foot pump
house on 32 acres (Parcel 4 of TTM 35181), and a Minor
Exception to allow for a one percent building height
increase from 50' to 50'8", located on the northwest
corner of Dendy Parkway and Winchester Road
Assessor's Parcel No. 909-370-018; 909-370-032
MSHCP Category: Per Development Agreement
DIF Category:
Per Development Agreement
TUMF Category:
Per Development Agreement
Approval Date:
Sel3temecr 'i', 200-1- Per Development Agreement
(Amended at the September 5, 2007 Planning
Commission)
Expiration Date:
Sel3temeer 5, 2009 Per Development Agreement
(Amended at the September 5, 2007 Planning
Commission)
WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
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 One Thousand Eight
Hundred and Sixty-Four Dollars ($1,864.00) which includes the One Thousand Eight
Hundred Dollar ($1 ,800.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus
the Sixty-Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice
of Determination for the Mitigated Negative Declaration required under Public Resources
Code Section 21152 and California Code of Regulations Section 15075. If within said 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)].
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GENERAL REQUIREMENTS
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Planning Department
2. 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.
3. 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.
4. The permittee shall obtain City approval for any modifications or revisions to the approval of
this project.
5. This approval shall be used within two 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-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 30 days prior to
expiration, and for good cause, grant a time extension of up to 3 one-year extensions of
time, one year at a time.
7. A separate building permit shall be required for all signage. (Sign program may be
required).
8. The development of the premises shall substantially conform to the approved site plan and
elevations contained on file with the Planning Department.
9. The Conditions of Approval specified in this resolution, to the extent specific items,
materials, equipment, techniques, finishes or similar matters are specified, shall be deemed
satisfied by staffs prior approval of the use or utilization of an item, material, equipment,
finish or technique that City staff determines to be the substantial equivalent of that required
by the Conditions of Approval. Staff may elect to reject the request to substitute, in which
case the real party in interest may appeal, after payment of the regular cost of an appeal, the
decision to the Planning Commission for its decision.
Material Color
Concrete Tilt-up Panels
ICI 632 Sutton Place
ICI 815 Natural White
ICI 606 Song Sparrow
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Parapet
Glazing
ICI 815 Natural White
y." Gray
1 O. 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.
11. The applicant shall paint a 3-foot x 3-foot section of the building for Planning Department
inspection, prior to commencing painting of the building.
12. The applicant shall submit to the Planning Department for permanent filing two 8" X 10"
glossy photographic color prints of the approved Color and Materials Board and the colored
architectural elevations. All labels on the Color and Materials Board and Elevations shall be
readable on the photographic prints.
13. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These
shall be clearly labeled on site plan.
Public Works Department
14. 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.
15. 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.
16. 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.
17. The project shall include construction-phase pollution prevention controls and permanent
post-construction water quality protection measures into the design of the project to prevent
non-permitted runoff from discharging offsite or entering any storm drain system or receiving
water.
18. A Water Quality Management Plan (WQMP) must be accepted by the City prior to the initial
grading plan check. The WQMP will be prepared by a registered Civil Engineer and include
site design BMPs (Best Management Practices), source controls, and treatment
mechanisms.
19. The provisions for the design, improvement, lot configuration, public facility financing and the
following Conditions of Approval are predicated on the approval and full execution of a
Development Agreement between Temecula Properties, LLC and the City on or about
September 25, 2007.
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Building and Safety Department
20. The code analysis shall be printed on the plans along with the letter from the Director of
Building and Safety, dated September 12, 2006.
21. All design components shall comply with applicable provisions of the 2001 edition of the
California Building, Plumbing and Mechanical Codes; 2004 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, if applicable to the project, 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
ligting 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 and Safety Department to ensure the payment or exemption from School
Mitigation Fees.
25. Obtain all building plans and permit approvals prior to commencement of any construction
work.
26. Show all building setbacks.
27. Developments with Multi-tenant Buildings or Shell Buildings shall provide a house electrical
meter to provide power for the operation of exterior lighting, irrigation pedestals and fire
alarm systems for each building on the site. Developments with Single User Buildings shall
clearly show on the plans the location of a dedicated panel in place for the purpose of the
operation of exterior lighting and fire alarm systems when a house meter is not specifically
proposed.
28. Provide an approved automatic fire sprinkler system.
29. All building and facilities must comply with applicable disabled access regulations. Provide
all details on plans (California Disabled Access Regulations effective April 1 , 1998).
30. Provide disabled access from the public way to the main entrance of the building.
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. Obtain street addressing for all proposed buildings prior to submittal for plan review.
33. 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,
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specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-
quarter mile of an occupied residence.
Monday-Friday
Saturday
6:30 a.m. - 6:30 p.m.
7:00 a.m. - 6:30 p.m.
No work is permitted on Sundays or Government Holidays
34. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001
edition of the California Building Code Appendix 29.
35. Provide electrical plan including load calculations and panel schedule, plumbing schematic
and mechanical plan applicable to scope of work for plan review.
36. Truss calculations that are stamped by the engineer of record and the truss manufacturer
engineer are required for plan review submittal.
37. Provide precise grading plan at plan check submittal to check accessibility for persons with
disabilities.
38. Please be advised of the shell building/complete building policy in the City of Temecula
when preparing plans for submittals. It is our recommendation that buildings with a known
tenant or occupant be submitted as a complete building.
39. Buildings shall provide a house electrical meter to provide for operation of exterior lighting,
irrigation pedestals, and fire alarm systems for each building on the site.
40. A pre-construction meeting is required with the building inspector prior to the start of the
building construction.
Fire Prevention Bureau
41. 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.
42. 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 4,000 GPM at
20 PSI residual operating pressure for a 4-hour duration. The Fire Flow as given above has
taken into account all information as provided (CFC 903.2, Appendix III-A)
43. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III-B, Table A-III-B-1. A combination of on-site and off-site (6" x 4" x 2-2 1/2"
outlets) on a looped system shall be located on fire access roads and adjacent to public
streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be
located no more than 210 feet from any point on the street or Fire Department access
road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent
hydrant(s) in the system (CFC 903.2,903.4.2, and Appendix III-B).
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44. 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).
Community Services Department
45. 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.
46. The Applicant shall comply with the Public Art Ordinance.
47. All parkways, entry way median, landscaping, walls, fencing and on site lighting shall be
maintained by the property owner or maintenance association.
48. The developer shall contact the City's franchised solid waste hauler to verify Trash
compactor specifications and servicing requirements priorto purchase and installation of any
equipment.
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PRIOR TO ISSUANCE OF GRADING PERMITS
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Planning Department
49. 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.
50. Double detector check valves shall be either installed underground or internal to the project
site at locations not visible from the public right-of-way, subjectto review and approval by the
Director of Planning.
51. The recommendations contained in soils report(s), geotechnical report, and slope stability
report shall be implemented.
52. The Applicant shall submit to the Public Works Department an erosion control plan prepared
in accordance with City requirements.
53. 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
discovery 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."
54. The project proponent shall enter into a Treatment Agreement with the Pechanga Band of
Luiseiio Indians. This agreement will address the treatment and disposition of cultural
resources and human remains that may be uncovered during construction as well as
provisions for tribal monitors.
55. Tribal monitors from the Pechanga Band of Luiseiio Indians shall be allowed to monitor all
grading, excavation and ground-breaking activities, including further surveys, to be
compensated by the project proponent. The Pechanga Tribal monitors shall have the
authority to temporarily stop and redirect grading activities to evaluate the significance of any
archaeological resources discovered on the property, in conjunction with the archeologist
and the Lead Agency.
56. A qualified archaeologist monitor shall be present during all earthmoving activities. The
monitor shall be empowered to temporarily halt or redirect construction work in the vicinity of
the find until it can be evaluated by the project archaeologist in conjunction with the
Pechanga Tribe. In the event of a new find, further testing, excavation, and/or reporting may
be required.
57. If cultural resources are discovered during the project construction (inadvertent discoveries),
all work in the area of the find shall cease, and a qualified archaeologist and representatives
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of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and
make recommendations as to treatment and mitigation.
58. If human remains are encountered, all activity shall cease and the County Coroner must be
notified immediately. State Health and Safety Code Section 7050.5 state that no further
disturbance shall occur until the County Coroner has made a determination of the origin and
until treatment pursuant to Public Resources Code Section 5097.98 has been decided. The
Coroner shall determine if the remains are prehistoric, and shall notify the State Native
American Heritage Commission (NAHC) if applicable. Further actions shall be determined
pursuant to California Public Resources Code Section 5097.98.
59. The landowner shall agree to relinquish ownership of all cultural resources, including all
Luiseiio sacred items, burial goods and all archeological artifacts that are found on the
project site to the Pechanga Band of Luiseiio Indians for proper treatment and disposition.
60. All E:asrea E:iteE: within the I3rejest area are te ee aveiaea ana I3reE:ervea. (Deleted at the
September 5,2007 Planning Commission)
61. The %-acre of cultural site CA-RIV 237 located in the northeast corner of Planning
Application PA06-0370 shall be preserved in Open Space and recorded with the County
Recorder of Riverside County as a conservation easement for preservation purposed in
perpetuity. The %-acre of CA-RIV 237 shall not be subject to development, archeological
testing or ground-disturbing activities.
62. Cultural Resources Sensitivity Training (a 15-minute presentation) should be required for all
project personnel.
63. All impacts to the sandstone and fanglomerate members of the Pauba Formation should be
monitored full time at the beginning of grading. A trained paleontological monitor shall be
present during ground disturbing activities within the project area determined likely to contain
paleontological resources. Monitoring will be adjusted to spot checking if initial monitoring
shows negative results.
64. Upon encountering any significant fossils, salvage of all fossils in the area will be conducted
with additional field staff and in accordance with modern paleontological techniques.
65. Any significant fossils recovered shall be prepared to a reasonable point of identification.
Excess sediment or matrix will be removed from the specimens to reduce the bulk and cost
of storage. Itemized catalogs of all material collected and identified shall be provided to the
museum repository along with the specimens.
66. A report documenting the results of the monitoring and any salvage activities and the
significance of the fossils shall be prepared.
67. Any significant fossils recovered, along with the itemized inventory of the specimens, shall
be deposited in a museum repository for permanent curation and storage.
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Public Works Department
68. 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.
69. 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.
70. 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.
71. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist
and submitted to the Department of Public Works with the initial grading plan check. The
report shall address special study zones and identify any geotechnical hazards for the site
including location of faults, slope stability and potential for liquefaction. The report shall
include recommendations to mitigate the impact of ground shaking and liquefaction.
a. Based on geologic relationships and observations, the site lacks evidence to support
the existence/presence of Holocene faulting (i.e. broken soil horizon or shear
planes). The building site area is not traversed by an active fault that would affect
the stability of the cut slope proposed or the building structure. A certified
engineering geologist shall perform regular field reconnaissance during site
earthwork construction. This field mapping is intended to further evaluate site
conditions and limit the possibility that adverse conditions will be exposed that could
affect site stability.
72. 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.
73. Construction-phase pollution prevention controls shall be consistent with the City's Grading,
Erosion and Sediment Control Ordinance and associated technical manual, and the City's
standard notes for Erosion and Sediment Control.
74. The project shall demonstrate coverage under the State NPDES General Permit for
Construction Activities by providing a copy of the Waste Discharge Identification number
(WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater
Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of
construction activities.
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75. 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
76. 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.
77. Permanent landscape and irrigation plans shall be submitted to the Planning Department
and the Department of Public Works for review and approval.
78. 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.
79. 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.
80. 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.
Fire Prevention Bureau
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 required (CFC 903.2).
82. Minimum outside turning shall be forty-five (45) feet for commercial buildings.
83. Prior to building construction, all locations where structures are to be built shall have
approved temporary Fire Department vehicle access roads for use until permanent roads
are installed. Temporary Fire Department access roads shall be an all weather surface for
80,000 lbs. GVW (CFC 8704.2 and 902.2.2.2).
84. 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).
85. The gradient for a fire apparatus access road shall not exceed fifteen (15) percent (CFC
902.2.2.6 Ord. 99-14).
86. Prior to building construction, dead end road ways and streets in excess of one hundred and
fifty (150) feet which have not been completed shall have a turnaround capable of
accommodating fire apparatus (CFC 902.2.2.4).
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87. 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).
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PRIOR TO ISSUANCE OF BUILDING PERMIT
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Planning Department
88. The applicant shall submit a photometric plan, including the parking lot 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.
89. Lighting within the proposed project adjacent to preserved habitat shall be of the lowest
illumination allowed for human safety and selectively placed, shielded, and directed away
from preserved habitat.
90. All downspouts shall be internalized on the office portion of the building. All downspouts for
the warehouse/distribution portion of the building shall be painted the same color as the
exterior of the building.
91. Three 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 a minimum five foot wide planter to be installed at the perimeter of all
parking areas. Curbs, walkways, etc. are not to infringe on this area.
c. A note on the plans stating that "Two landscape inspections are required: one
inspection is required for irrigation lines and a separate inspection is required for
final planting inspection."
d. A note on the plans stating that "The contractor shall provide two copies of an
agronomic soils report at the first irrigation inspection."
e. One copy of the approved grading plan.
f. Water usage calculations per Chapter 17.32 of the Development Code (Water
Efficient Ordinance).
g. Total cost estimate of plantings and irrigation (in accordance with approved plan).
h. The locations of all existing trees that will be saved consistent with the tentative map.
i. 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.
j. Specifications shall indicate that a minimum of two landscape site inspections will be
required. One inspection to verify that the irrigation mainline is capable of being
pressurized to 150 psi for a minimum period of two (2) hours without loss of
pressure. The second inspection will verify that all irrigation systems have head-to-
head coverage, and to verify that all plantings have been installed consistent with the
approved construction landscape plans. The applicant/owner shall contact the
Planning Department to schedule inspections.
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92. Plants selected for slope landscaping shall be light-weight, deep rooted type vegetations that
require little water and are capable of surviving with little irrigation.
93. Landscape plans shall be prepared for all slopes created by the grading and fill of the site
consistent with "Slope Planting Guidelines" and the Development Code, and shall provide
erosion control on undeveloped portions of the site.
94. Landscape plans for Parcel 4 shall include the off-site slopes created by the development of
Parcel 4 (including but not limited to the slopes proposed within Parcel 2 and the detention
basin proposed within Parcel 1). All landscaping shall be installed and maintained in
satisfactory condition by the property owner.
95. If deemed necessary by the Director of Planning, the applicant shall provide additional
landscaping to effectively screen various components of the project (including but not limited
to walls and parking areas).
96. All utilities shall be screened from public view. Landscape construction drawings shall show
and label all utilities and provide appropriate screening. Provide a three foot 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.
97. All rooftop mechanical equipment shall be screened, or the views minimized, from all
existing and future public right-of-ways.
98. Building Construction Plans shall include detailed outdoor areas (including but not limited to
trellises, decorative furniture, fountains, and hardscape) to match the style of the building
subject to the approval of the Planning Director.
99. Building plans shall indicate that all roof hatches shall be painted "International Orange."
100. The construction plans shall indicate the application of painted rooftop addressing plotted on
a nine-inch grid pattern with 45-inch tall numerals spaced nine inches apart. The numerals
shall be painted with a standard nine-inch paint roller using fluorescent yellow paint applied
over a contrasting background. The address shall be oriented to the street and placed as
closely as possible to the edge of the building closest to the street.
Public Works Department
101. Improvement plans and/or 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. 207A.
c. Street lights shall be installed along the public streets adjoining the site in
accordance with City Standard No. 800, 801, 802 and 803.
d. Concrete sidewalks and ramps shall be constructed along public street frontages in
accordance with City of Temecula Standard Nos. 400. 401 and 402.
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e. Improvement plans shall extend 300 feet beyond the project boundaries.
f. Minimum centerline radii shall be in accordance with City of Temecula's Standard
NO.113.
g. All street and driveway centerline intersections shall be at 90 degrees.
h. Public Street improvement plans shall include plan and profile showing existing
topography, utilities, proposed centerline, top of curb and flowline grades.
i. 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.
102. 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. Winchester Road (Major Arterial Standards - 100' R/W) between Dendy Parkway
and the southern project boundary plus transition to include dedication of half-width
street right-of-way, installation of half-width street improvements, paving, curb and
gutter, sidewalk, painted median, street lights, drainage facilities, signing and striping
and utilities (including but not limited to water and sewer).
b. Dendy Parkway (Major Arterial Standards - 100' R/W) between Winchester Road
and the eastern project boundary plus transition to include dedication of half-width
street right-of-way, installation of half-width street improvements, paving, curb and
gutter, sidewalk, painted median, street lights, drainage facilities, signing and striping
and utilities (including but not limited to water and sewer).
c. Remington Avenue (Industrial Collector Highway Standards - 78' R/W) to include
dedication of full width street right-of-way, installation of full width street
improvements, curb and gutter, sidewalk, painted median, street lights, drainage
facilities, signing and striping, utilities (including but not limited to water and sewer).
d. Remington Avenue and Winchester Road intersection to include a stop control on
the eastbound leg of Remington Avenue for an all-way stop controlled intersection
and a striped 200-foot northbound left turn pocket. In addition, secure with a cash
deposit to include a year 2009 traffic analysis to determine traffic signal warrants and
a fair share contribution for the design and installation of a traffic signal.
e. Cherry Street (Major Arterial- 100' R/W)
i. Dedication of half-width street right-of-way
103. All street improvement design shall provide adequate right-of-way and pavement transitions
per Caltrans' standards for transition to existing street sections.
104. The Developer shall construct the following 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: pavement, curb and
gutter, medians, sidewalks, drive approaches, street lights, signing and striping.
b. Storm drain facilities.
c. Sewer and domestic water systems.
d. Under grounding of proposed utility distribution lines.
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105. 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.
106. All access rights, easements for sidewalks for public uses shall be submitted and reviewed
by the Director of the Department of Public Works and City Attorney and approved by City
Council for dedication to the City where sidewalks meander through private property.
107. 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.
108. 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.
109. 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.
Building and Safety Department
110. Provide appropriate stamp of a registered professional with original signature on plans prior
to permit issuance.
Fire Prevention Bueau
111. The developer shall furnish three copies of the water system plans directly 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
241-4.1).
112. All locations where structures are to be built shall have approved Fire Department vehicle
access roads to within 150 feet to any portion of the facility or any portion of an exterior wall
of the building(s). Fire Department access roads shall be an all weather surface designed
for 80,000 lbs. GVW with a minimum AC thickness of .25 feet (CFC sec 902).
113. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three
sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention
Bureau.
114. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. The alarm
system requires a dedicated circuit from the house panel. Three sets of alarm plans must be
submitted by the installing contractor to the Fire Prevention Bureau.
115. Fuel modification plans shall be submitted to the Fire Prevention Bureau for review and
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approval for all open space areas adjacent to the wildland-vegetation interface (CFC
Appendix II-A)
116. Plans for structural protection from vegetation fires shall be submitted to the Fire Prevention
Bureau for review and approval. The measures shall include, but are not limited to,
enclosing eaves, noncombustible barriers (cement or block walls), and fuel modification
zones (CFC Appendix II-A)
Community Services Department
117. 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.
118. The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction debris.
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PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY
THIS PERMIT
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Planning Department
119. If deemed necessary by the Director of Planning, the applicant shall provide additional
landscaping to effectively screen various components of the project.
120. 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 the adjacent residences and 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 by constructing a sloping tile covered mansard roof
element or other screening if reviewed and approved by the Director of Planning.
121. 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.
122. 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 Gfle
two 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. (Amended at the September 5,2007
Planning Commission)
123. 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."
124. 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
three square feet in size.
125. 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.
126. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
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Public Works Department
127. The project shall demonstrate that the pollution prevention BMPs outlined in the WQMP
have been constructed and installed in conformance with approved plans and are ready for
immediate implementation.
128. 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
129. All public improvements, including traffic signals, shall be constructed and completed per the
approved plans and City standards to the satisfaction of the Director of the Department of
Public Works.
130. 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 Prevention Bureau
131. "Blue Reflective Markers" shall be installed to identify fire hydrant locations (CFC 901.4.3).
132. 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 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 (CFC 901.4.4).
133. Based on square footage and type of construction, occupancy or use, the developer shall
install a fire sprinkler system (CFC Article 10, CBC Chapter 9).
134. 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).
135. 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 main entrance door (CFC 902.4).
136. 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).
137. 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.
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138. Buildings housing high-piled combustible stock shall comply with the provisions of Uniform
Fire Code Article 81 and all applicable National Fire Protection Association standards. The
storage of high-piled combustible stock may require structural design considerations or
modifications to the building. Fire protection and life safety features may include some or all
of the following: an automatic fire sprinkler system(s) designed for a specific commodity
class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains,
Fire Department access doors and Fire department access roads (CFC Article 81).
139. Prior to the building final, speculative buildings capable of housing high-piled combustible
stock, shall be designed with the following fire protection and life safety features: an
automatic fire sprinkler system(s) designed for a specific commodity class and storage
arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department
access doors and Fire department access roads. Buildings housing high-piled combustible
stock shall comply with the provisions California Fire Code Article 81 and all applicable
National Fire Protection Association standards (CFC Article 81).
140. The developer/applicant shall be responsible for obtaining underground and/or aboveground
tank permits for the storage of combustible liquids, flammable liquids or any other hazardous
materials from both the County Health department and Fire Prevention Bureau (CFC 7901.3
and 8001.3).
141. 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.
142. The applicant shall submit for review and approval by the Riverside County Department of
Environmental Health and City Fire Department an update to the Hazardous Material
Inventory Statement and Fire Department Technical Report on file at the City; should any
quantities used or stored onsite increase or should changes to operation introduce any
additional hazardous material not listed in existing reports (CFC Appendix II-E)
143. 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 a ESRI Arclnfo/ArcView compatib/eformat 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.
144. 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).
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OUTSIDE AGENCIES
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145. The applicant shall comply with the recommendations set forth in the Department of
Environmental Health transmittal dated January 17, 2007, a copy of which is attached.
146. The applicant shall comply with the recommendation set forth in the Rancho Water District's
transmittal dated December 27, 2006, a copy of which is attached.
147. The applicant shall comply with the recommendations set forth in the Eastern Information
Center's transmittal dated December 19, 2006, a copy of which is attached.
148. The applicant shall comply with the recommendations set forth in the Pechanga Cultural
Resources comment letter dated December 22, 2006, a copy of which is attached.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in conformance
with these Conditions of Approval and that any changes I may wish to make to the project shall be
subject to Community Development Department approval.
Applicant's Signature
Date
Applicant's Printed Name
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DATE OF MEETING:
PREPARED BY:
PROJECT
DESCRIPTION:
RECOMMENDATION:
CEQA:
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
ORIGINAL
September 5. 2007
Dana Schuma
Associate Planner
TITLE:
Planning Application Nos. PA07-0220, a Development
Agreement; PA07-0048, a General Plan Amendment; PA06-
0370, a Tentative Tract Map (TTM 35181), PA06-0369 a
Development Plan; and PA07-0090 a Minor Exception for a
608,934 square foot industrial distribution building on 32
acres, and for the future development of the remaining 52
acres to include industrial, commercial, retail, high-density
residential, and/or public institutional facility land uses
[gJ Approve with Conditions
o Deny
o Continue for Redesign
o Continue to:
o Recommend Approval with Conditions
o Recornmend Denial
o Categorically Exempt
(Section)
(Class)
o Notice of Determination (Section)
o Negative Declaration
[gJ Mitigated Negative Declaration with Monitoring Plan
DEIR
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PROJECT DATA SUMMARY
Name of Applicant: Temecula Properties, LLC (The Garrett Group and PHS)
Date of Acceptance: December 12,2006
Mandatory Action Deadline Date: September 5, 2007
General Plan Designation: Industrial Park (IP)
Zoning Designation: Liqht Industrial (L1)
Site/Surrounding Land Use:
Site: Vacant
North:
South:
East:
West:
Vacant
Industrial Development
Industrial Development
Vacant
Lot Area:
84 acres
Total Floor Area/Ratio:
608,934 SF/0.43 FAR (Lot 4 ofTTM 35181)
Landscape Area/Coverage:
354,762 SF/25.35 percent coveraqe (Lot 4 of TTM 35181)
Parking Required/Provided:
801 parking spaces required/409 parking spaces provided
(Lot 4 of TTM 35181)
BACKGROUND SUMMARY
In August of 2006, the City of Temecula staff identified a number of incentives to encourage
Professional Hospital Supply (PHS) to expand its facilities within the community. PHS is
currently one of the largest employers in the City, and the retention and expansion of their
facilities is considered to be an important priority for the City Council. Between August 2006
and December 2006, City staff and the representatives of PHS and the Garrett Group, the
current property owner and developer, met regularly to forecast the project entitlement
process, and discuss environmental issues and site planning for the 84-acre site and lot
selected for the PHS expansion.
On September 18, 2006, the applicant filed an application for a Lot Line Adjustment (LLA) to
facilitate the future PHS development on a 32-acre portion of the 84-acre site. The LLA was
approved and recorded in December 2006. Applications for a Tentative Tract Map (TTM
35181) and a Development Plan were submitted on December 12, 2006. A DRC meeting was
held on January 4,2007, to discuss site design, landscaping, architecture, access points, right-
of-way easements, and other departmental issues. The applicant' submitted a revised
Tentative Tract Map and Development Plan on February 6, 2007. An application for a General
Plan Amendment was shortly submitted thereafter on February 8, 2007. A status letter
addressing several outstanding project items including additional Tentative Map comments
was sent to the applicant on March 6, 2007. The applicant submitted a Minor Exception for a
one percent building height increase on March 20, 2007.
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Weekly meetings continued with the representatives of the Garrett Group and PHS to discuss
concerns over environmental impacts and unresolved Tentative Map issues, including the
Western Bypass right-of-way easement, access points, fault zones, grading, slopes, etc. The
applicant submitted a third revised Tentative Map on April 6, 2007, a fourth revision on May 10,
2007, and a fifth revision on May 25, 2007. As staff continued to work with the applicants
between March and June to address the outstanding issues, several status letters were sent
documenting the remaining unresolved items before the project could be scheduled for
hearing. Final Development Plans consistent with the Tentative Tract Map were submitted on
June 14, 2007, and the plans addressed Planning staff recommendations. A final
environmental report (Jurisdictional Delineation) was submitted on June 27, 2007 which
enabled staff to move forward with the initial study for the project. Staff prepared and noticed
the Notice of Proposed Negative Declaration for comment on August 4, 2007.
Staff has worked with the applicant over the last year to ensure that all concerns have been
addressed, and the applicant concurs with the recommended Conditions of Approval; however,
the applicant still has some concerns over the proposed cultural mitigation and is currently
working with the Pechanga Tribe to amend the language to address their concerns.
ANALYSIS
Development Aareement
The purpose of the proposed Development Agreement is to guarantee the right of Professional
Hospital Supply (PHS) to expand their facility and establish the physical development
parameters that the expansion would bring to the community. The proposed Development
Agreement would guarantee PHS the ability to construct a corporate headquarters on 32 acres
of an 84-acre site generally located at the northwest corner of Dendy Parkway and Winchester
Road. The proposed Agreement will also authorize future industrial, commercial, retail, high
density residential, and/or public institutional facility uses on the remaining 52 acres
surrounding the PHS facility. A copy of the Development Agreement is included in this staff
report.
The proposed Development Agreement provides benefits for both parties, which includes a
high quality development on the subject property, certainty in the type of development to be
undertaken on the property, and the assurance of adequate public facilities to ensure the good
of the community. For the City, the proposed agreement serves to provide for employment
growth anticipated to result from development of the property, an increase in sales tax
revenues anticipated to result from development of the property, and the achievement of the
goals and directives of the General Plan. The following summarizes several proposed terms of
the agreement:
. Establish the term of the Development Agreement for ten consecutive years from the
date of a Certificate of Occupancy for the building to be constructed on the PHS site.
. Development of the property for industrial, commercial, retail, high-density residential
and public institutional facility uses in accordance with the specific matrix of permitted
uses in the agreement. Commercial and office facilities are anticipated to bring
employment and generate sales tax revenue.
. Establish vested rights to develop the property only upon sale or lease of the PHS
property.
. Provide for any multi-family residential uses on Parcel 1 located on the ~astern portion
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of the property to include an affordable housing component (20 percent of each phase
developed).
. Provide for a maximum Floor Area Ratio of 45 percent for the PHS property.
In addition to the Development Agreement, the project includes a DIF Deferral Agreement
which will authorize a fee wavier in the amount of $2,000,000 towards any City fees or costs.
General Plan Amendment
The purpose of the General Plan Amendment is to designate the 84 acres as a future Specific
Plan area. The future Specific Plan is anticipated to implement the City of Temecula General
Plan land use goals and policies by encouraging diverse, high-quality land uses and mixed use
development on the acreage surrounding the PHS site. By accommodating a diverse mix of
land uses the City can achieve a suitable inventory of housing for a range of income groups, a
viable commercial and employment base for residents, and high-quality urban lifestyles.
Designating the land as a future Specific Plan Area will still provide a guideline for future
maximum density and intensity of development, while encouraging mixed commercial, office,
and residential development in a key location west of 1-15 and adjacent to the future Western
Bypass corridor. The uses anticipated under the future Specific Plan will be analyzed for
General Plan consistency with the Specific Plan proposal.
Tentative Tract MaD No. 35181
The project proposes to subdivide approximately 84 acres into five lots, four developable
parcels and one easement parcel for slope and drainage purposes. The property is zoned
Light. Industrial. The development standards for LI found in Section 17.06.040 of the
Development Code require that lots within this zone have a minimum lot size of 40,000 square
feet. The average lot size will be approximately 15 acres. Lots 1 and 2 will be approximately
15 acres each, Lot 3 will be approximately 5 acres, Lot 4 will be 32 acres, and Lot 5 will be
approximately 17 acres. A future Specific Plan will define the anticipated land uses and
development standards for three of the four developable parcels. The future Specific Plan,
consistent with the Development Agreement, will accommodate for future industrial,
commercial, retail, high-density residential, and/or public institutional facility land uses on the
three parcels totaling approximately 35 acres. A Development Plan (PA06-0369) for Parcel 4
proposes a new industrial medical distribution facility for Professional Hospital Supply (PHS)
Corporation.
DeveloDment Plan
The Development Plan for Parcel 4 will allow PHS to expand their operations onto this site
from another location in the City. The proposed plan provides for a development of up to
608,934 square feet of building area on a 32 acre parcel. The project will consist of a three-
story industrial building for office, warehouse/distribution use, and a 400 square foot pump
house. The maximum building height allowed in the Light Industrial (L1) zone is 50 feet. The
warehouse portion of the building will be 42 feet in height, and the 82,476 square foot
office/entrance portion along the eastern side will be 50'8" in to accommodate for adequate
ceiling heights on the interior as well as adequate rooftop equipment screening with a
decorative exterior cornice. Additionally, the project proposes an increased floor area ratio
(FAR). The target FAR is 40 percent and the project proposes a floor area ratio (FAR) of 0.44
percent, not to exceed 45 percent per the proposed Development Agreement. The
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Development Code does allow for projects to exceed the target FAR when the project provides
for outstanding and exceptional employment, fiscal, social, and economical benefits to the City
and community (Development Code Section 17.08.050). The project as designed conforms to
all the development regulations listed in the City's Development Code, including building
setbacks and lot coverage. The building's FAR and height are in excess of the Development
Code requirements, but the applicant has applied for a Minor Exception to allow for the
increases.
Access, Circulation, and Parking
The PHS project site will have two access points from the street. Primary access to the
proposed development will be provided via an entrance off of Dendy Parkway, with secondary
access provided via an entrance off of a proposed extension of Remington Avenue. The
parking lot provides adequate circulation for distribution trucks and vehicles anticipated to
utilize the site. The majority of distribution operations will take place at the rear of the site,
screened from the main building entrance and common pedestrian traffic. The Fire
Department has reviewed the site plan and determined that there is proper access and
circulation to provide emergency service vehicles to the site. The Public Works Department
has reviewed the site plan and has determined that the project, as conditioned, provides
adequate access points and right-of-way dedications. In addition, staff has analyzed the
potential traffic impacts of the project provided in the Traffic Impact Analysis Report prepared
by Urban Crossroads dated October 20, 2006, and has determined that with implementation of
the required improvements and fees as part of the Conditions of Approval the projected traffic
volumes for the site will be less than significant.
The City of Temecula requires parking be provided at a ratio of one space per 1,000 square
feet of warehouse and one space per 300 square feet of office. Parking to accommodate the
proposed development will be accomplished by 409 surface parking spaces (401 standard and
8 handicap accessible parking spaces). The City's parking ordinance does not address large
scale distribution facilities such as the proposed project; however, other jurisdictions in
southern California do. Based on City standards a total of 801 parking spaces are required for
the PHS project. The project will provide a total of 409 on site parking spaces. Based on
PHS's unique operations, in which warehouse/distribution activities run seven days a week/24
hours a day in three shifts with approximately 245 employees per shift, an alternate parking
plan has been implemented.. Recognizing that distribution facilities require above average
loading capacity and typically have lower employee counts, 409 parking spaces are adequate
for the facility size and use. The alternate parking plan is based upon the inverse relationship
between loading capacity for freight movement and employee parking requirements. If the use
on Parcel 4 were to change in the future, in which the required amount of warehouse storage
and loading areas were to decrease and employee parking needs were to increase, the site
can accommodate for an additional 392 automobile parking by re-stripping the loading areas.
Architecture
The proposed PHS building is consistent with the Development Code, Design Guidelines, and
compatible with other adjacent buildings. The proposed architecture includes smooth cDncrete
with decorative reveals. The applicant uses color variation in hues of grey and beige to break
up the building mass. A varying parapet height and decorative cornice along the roof of the
office portion help provide for visual interest along the long expansive walls of the warehouse.
Color and reveals on all sides of the building help to break up the expansive walls. The
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building also includes an enhanced three-story image zone by emphasizing the entrance/office
portion of the building. A 170-foot wide protruding entrance lobby is provided complete with a
ten-foot recessed entryway, large expanses of windows, and a decorative steel canopy. The
design is further enhanced with deep vertical and horizontal reveals, decorative lighting, and
enhanced paving to complete the look of a high-quality industrial building that is both functional
and aesthetically pleasing.
Landscaping
The PHS landscape plan conforms to the landscape requirements of the Development Code
and Design Guidelines. Tree and shrub placement will serve to screen onsite parking, trash
enclosure areas, and effectively soften building elevations and retaining walls along
Winchester Road and Remington Avenue. The project proposes 12 different types of trees in
various sizes ranging from 15 gallon to 48-inch size box trees. The project also provides for an
outdoor employee break area, as well as decorative pedestrian friendly features including an
auto court at the front entrance. The employee break area will be complete with tables,
benches, decorative paving as well as trellis structures and canopy trees to provide shade.
The project proposes to landscape 354,762 square feet or 25 percent of the site, which
exceeds the minimum landscaping requirement of 20 percent for the Light Industrial (L1) zone.
In addition, an approximate 110 foot wide slope on Parcel 2 (approximately 4 acres) will be
landscaped as part of the development of Parcel 4 (See Condition of Approval No. 94).
Notice of the public hearing was published in the Californian on August 25, 2007 and mailed to
the property owners within the required 600-foot radius.
ENVIRONMENTAL DETERMINATION
Staff has reviewed the project in accordance with the California Environmental Quality Act
(CEQA) and, based on an Initial Study, determined the project will not have a significant impact
on the environment:
1. Pursuant to California Environmental Quality Act ("CEQA"), City staff prepared an Initial
Study of the potential environmental effects of the approval of the Development
Agreement, General Plan Amendment, Tentative Tract Map (TTM 35181),
Development Plan, and Minor Exception as described in the Initial Study ("the Project").
Based upon the findings contained in that Study, City staff determined that there was
no substantial evidence that the project could have a significant effect on the
environment and a Mitigated Negative Declaration was prepared.
2. Thereafter, City staff provided publiC notice of the public comment period and of the
intent to adopt the Mitigated Negative Declaration as required by law. The public
comment period commenced on August 4, 2007, and expired on September 3, 2007.
Copies of the documents have been available for public review and inspection at the
offices of the Department of Planning, located at City Hall, 43200 Business Park Drive,
Temecula, California 92590.
3. Three written comments were received prior to the public hearing and a response to all
the comments made therein was prepared, submitted to the Planning Commission and
incorporated into the administrative record of the proceedings.
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4. The Planning Commission has reviewed the Mitigated Negative Declaration and all
comments received regarding the Mitigated Negative Declaration prior to and at the
date public hearing, and based on the whole record before it finds that: (1) the
Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no
substantial evidence that the Project will have a significant effect on the environment;
and (3) the Mitigated Negative Declaration reflects the independent judgment and
analysis of the Planning Commission.
5. Based on the findings set forth in this Resolution, the Planning Commission hereby
adopts the Mitigated Negative Declaration prepared for this project.
CONCLUSION/RECOMMENDATION
Staff has determined that the proposed project, as conditioned and upon approval of the
Development Agreement, General Plan Amendment, and Minor Exception, is consistent with
the City's General Plan policies, Development Code, and all applicable ordinances, standards,
guidelines, and policies. Therefore, staff recommends approval of the Development
Agreement, General Plan Amendment, Tentative Tract Map, Development Plan, and Minor
Exception with the attached Conditions of Approval.
FINDINGS
Develooment Aareement
To recommend approval of the Development Agreement, the following findings must be made:
1. The Development Agreement is consistent with the objectives, policies, general land
uses, and programs specified in the City of Temecula General Plan in that the
Development Agreement makes reasonable provision for the use of certain real
property for industrial, commercial and residential development.
2. The Development Agreement complies with the goals and objectives of the Circulation
Element of the General Plan, and the traffic impacts of the development will be less
than significant or substantially mitigated by the mitigation measures and Conditions of
Approval imposed.
3. The project subject to the Development Agreement is compatible with the uses
authorized in, and the regulations prescribed for the zoning district in which the property
subject to the Development Agreement is located, and that this Development
Agreement is consistent with good planning practices by providing for the opportunity to
develop the property consistent with the General Plan.
4. The Development Agreement is in conformity with the public convenience, general
welfare, and good land use practice because it makes reasonable provision for a
balance of land uses compatible with the remainder of the City.
5. The Development Agreement will not be detrimental to the health, safety, or general
welfare of the community because it provides adequate assurances for the protection
thereof.
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6. The benefits that will accrue to the people of the City of Temecula from this legislation
and this Development Agreement are expansion of an important local employer that
could bring additional employment opportunities to local residents.
7. The potentially significant impacts to the environment from the project will be mitigated
to a less than significant level based upon the identified mitigation measures.
General Plan Amendment
1. The amendments are compatible with the health, safety and welfare of the community.
The proposed amendment to add a future Specific Plan area to Table LU-5 ofthe Land
Use Element meets the goals and policies of the General Plan, and is consistent with
the anticipated impacts of the Final Environmental Impact Report (EIR) for the General
Plan and the guidelines of the Development Code. Any future proposals for the
Specific Plan area will be subject to the City's General Plan, Development Code and
Design Guidelines to ensure the public health, safety and welfare of the community is
maintained as new developmentoccurs. .
2. The amendment is compatible with existing and surrounding uses.
The proposed amendment to add a future Specific Plan area to Table LU-5 of the Land
Use Element is compatible with the existing and surrounding uses because any future
proposals for the 84-acre site will be consistent with the goals and policies of the
General Plan and the content and processing requirements contained in the
Development Code. Therefore, the proposed amendment will be compatible with
existing and future uses in the surrounding area.
3. The amendments will not have an adverse effect on the community and are consistent
with the goals and policies of the adopted General Plan.
The proposed amendment will not conflict with the existing zoning or designated land
uses throughout the City. The proposed amendment will result in compatible future
development, which meets the recommended land use and circulation pattern,
maximum density and intensity of development, a desired mix of uses and other factors
consistent with the goals and policies of the General Plan.
Tentative Parcel MaD (16.09.1401
1. The proposed subdivision and the design and improvements of the subdivision are
consistent with the Development Code, General Plan, and the City of Temecula
Municipal Code.
Tentative Tract Map No. 35181 is consistent with the General Plan, the Subdivision
Ordinance, the Development Code, and Municipal Code because the project has been
designed in a manner that is consistent with the policies and standards in the General
Plan, Subdivision Ordinance, Development Code, and Municipal Code.
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2. The Tentative Map does not propose to divide land which is subject to a contract
entered into pursuant to the California Land Conservation Act of 1965, or the land is
subject to a Land Conservation Act contract but the resulting parcels following division
of the land will not be too small to sustain agricultural use.
The subject parcels do not propose to divide land which is subject to a contract entered
into pursuant to the California Land Conservation Act of 1965. The subject property
has not been designated for conservation or agricultural land and is not subject to the
California Land Conservation Act of 1965.
3. The site is physically suitable for the type and proposed density of development
proposed by the Tentative Map.
The site is physically suitable for the proposed industrial development because the
proposed use is consistent with the General Plan and Development Code. The
proposed Tentative Tract Map (TTM 35181) meets the minimum lot size requirements
contained within the Development Code, and is consistent with all of the requirements
found within City of Temecula General Plan and the City of Temecula Subdivision
Ordinance. The subdivision (TTM 35181) is therefore consistent with the Light
Industrial zone.
4. The design of the subdivision and the proposed improvements, with Conditions of
Approval are not likely to cause significant environmental damage or substantially and
avoidably injure fish or wildlife or their habitat.
. The proposed project site does contain sensitive habitat. The project impacts will be
mitigated to a level of insignificance based upon the identified mitigation measures and
the Conditions of Approval and will not therefore cause significant environmental
damage or substantially and avoidably injure fish or wildlife in their habitat.
5. The design of the subdivision and the type of improvements are not likely to cause
serious public health problems.
The project, as conditioned by the Fire Prevention Bureau, the Public Works
Department, and the Building and Safety Department, will comply with the applicable
improvement requirements designed to prevent serious public health problems.
Furthermore, provisions are made in the General Plan and the Development Code to
ensure that the public health, safety and welfare are safeguarded. The project is
consistent with these documents.
6. The design of the subdivision provides for future passive or natural heating or cooling
opportunities in the subdivision to the extent feasible.
Prior to any issuance of building permits for the subject subdivision, and prior to any
construction, the applicant will be required to submit building plans to the City of
Temecula Building Department. These plans will be required to comply with all
applicable Uniform Building Codes, which also include requirements for energy
conservation. Therefore, the construction plans will comply with all applicable building
codes and State energy guidelines.
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7. The design of the subdivision and the type of improvements will not conflict with
easements acquired by the public at large for access through or use of property within
the proposed subdivision, or the design of the alternate easements which are
substantially equivalent to those previously acquired by the public will be provided.
The required right-of-way easements, including the future Western Bypass and Cherry
Street alignments, are included on the Tentative Tract Map (TTM 35181). The City has
reviewed these easements and the design of alternate easements, and determined the
type of improvements will not conflict with the easements acquired by the public at
large for access through or use of property within the proposed subdivision.
8. The subdivision is consistent with the City's parkland dedications requirements
(Quimby).
The subdivision is consistent with the dedication requirement.
Develooment Plan (17.05.010.F)
1. 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 project is consistent with the General Plan and the Development Code because
the project has been designed in a manri"er that it is consistent with the applicable
policies and standards for light industrial development. The proposed industrial use is
permitted in the land use designation standards contained in the General Plan and
Development Code. The site is properly planned and zoned, and as conditioned, is
physically suitable for the type of development proposed. The project, as conditioned,
is also consistent with other applicable requirements of State law and local ordinances,
including the California Environmental Quality Act (CEQA), the City Wide Design
Guidelines, and fire and building codes.
2. The overall development of the land is designed for the protection of the public health,
safety, and general welfare.
The overall design of the project, including site design, building height, setbacks,
parking, circulation, and other associated site improvements is intended to protect the
health and safety of those working in and around the site. The project is 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.
Soecial Use Reaulations and Standards. Increase in Floor Area Ratio (17.08.050.Al
1. The project includes a use which provides outstanding and exceptional benefits to the
City with respect to the employment, fiscal, social and economic needs of the
community.
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The project provides exceptional fiscal and economical benefits to the City in that
Professional Hospital Supply (PHS) is a major employer within the City, as well as a
large generator of sales tax revenue. PHS has experienced substantial growth and
their continued growth and expansion within the City will help to meet the fiscal and
economic needs of the community. The proposed expansion site requires a four
percent floor area ratio increase for a state of the arl distribution facility and office
headquarlers large enough to accommodate future growth of PHS operations.
Minor ExceDtion 117.03.060.0\
1. There are practical difficulties and unnecessary hardships created by strict application
to the code due to physical characteristics of the property.
There are practical difficulties related to the building construction and architecture that
make it difficult to meet the development standards for the Light Industrial (L1) zone
without the Minor Exception. In order to provide an appropriate ceiling height for each
of the office floors and visually screen roof top equipment the cornice along the office
porlion of the building must be 50'8" in height, thus requiring a one percent building
height increase to meet the development standards of the LI zone. Without the
granting of the Minor Exception the building would not meet the current standards,
which poses a practical difficulty and unnecessary hardship.
2. The Minor Exception does not grant special privileges which are not otherwise available
to surrounding properties and will not be detrimental to the public welfare or to the
property of other persons located in the vicinity.
The Minor Exception does not grant special privileges which are not otherwise available
to surrounding properlies because the exception is consistent with Development Code,
which allows for up to a 15 percent deviation from the LI development standard. The
request for the Minor Exception allows for the one percent height increase of eight
inches and special privileges have not been granted which are not otherwise available
by meeting the findings within the Development Code. The granting of this exception
will not be detrimental to the public welfare or properly of other persons within the
vicinity as the height increase is only for the office porlion of the building, which is only
14 percent of the entire building footprint.
3. The Minor Exception places suitable conditions on the property to protect surrounding
properties and does not permit uses which are not otherwise allowed in the zone.
The Minor Exception to increase the building height places suitable conditions on the
properly to protect surrounding properlies. The proposed project is for an industrial
building, which is permitted in the Light Industrial zone. The Minor Exception will allow
a one percent height increase, which will not allow for uses which are not otherwise
allowed in the zone.
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ATTACHMENTS
1. Vicinity and Aerial Maps - Blue Page 13
2. Plan Reductions - Blue Page 14
3. PC Resolution 07-_ - Blue Page 15 (Development Agreement)
Exhibit A - Draft CC Resolution 07-
4. PC Resolution 07-_ - Slue Page 16 (General Plan Amendment)
Exhibit A - Draft CC Resolution 07-
5. PC Resolution 07-_ - Blue Page 17 (Tentative Tract Map)
Exhibit A - Draft Conditions of Approval
6. PC Resolution 07-_ - Blue Page 18 (Development Plan and Minor Exception).
Exhibit A - Draft Conditions of Approval
7. Initial Study - Blue Page 19
8. Mitigation Monitoring Plan - Blue Page 20
9. Public Correspondence - Blue Page 21
10. Parking Study - Blue Page 22
11. Statement of Justification - Blue Page 23
12. Notice of Public Hearing - Blue Page 24
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ATTACHMENT NO.1
VICINITY AND AERIAL MAPS
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ATTACHMENT NO.3
PC RESOLUTION NO. 07-_
(DEVELOPMENT AGREEMENT)
G:IPlanning\2006IPA06-0370 PHS Tentative Map (TTM35181)IPlanningIPCIPC STAFF REPORT.doc
15
PC RESOLUTION NO. 07-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT THE
CITY COUNCIL APPROVE A RESOLUTION ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA07-0220, A DEVELOPMENT AGREEMENT BETWEEN
TEMECULA PROPERTIES, LLC AND THE CITY OF
TEMECULA TO AUTHORIZE THE DEVELOPMENT OF AN
APPROXIMATE 84 ACRE SITE GENERALLY LOCATED
AT THE NORTHWEST CORNER OF WINCHESTER ROAD
AND DENDY PARKWAY IN THE CITY OF TEMECULA
(APN 909-370-018 AND 909-370-032)
Section 1. Procedural Findinas. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On September 5, 2007, the Planning Commission recommended that the
City Council approve Planning Application No. PA07-0220.
B. The Agreement was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
application and environmental review on September 5, 2007, 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.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended that the City Council approve Planning
Application No. PA07-0220 subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findinas. The Planning Commission, in recommending that
the City Council approve the application hereby finds, determines and declares that:
To recommend approval of the Development Agreement, the following findings
must be made:
A. The Development Agreement is consistent with the objectives, policies,
general land uses, and programs specified in the City of Temecula General Plan in that
the Development Agreement makes reasonable provision for the use of certain real
property for industrial, commercial and residential development.
G:\Planning\2007\PA07~0220 PHS Development Agreement\Planning\DRAFT PC Reso DA.doc
1
B. The Development Agreement complies with the goals and objectives of
the Circulation Element of the General Plan, and the traffic impacts of the development
will be less than significant or substantially mitigated by the mitigation measures and
Conditions of Approval imposed.
C. The project subject to the Development Agreement is compatible with the
uses authorized in, and the regulations prescribed for the zoning district in which the
property subject to the Development Agreement is located, and that this Development
Agreement is consistent with good planning practices by providing for the opportunity to
develop the property consistent with the General Plan.
D. The Development Agreement is in conformity with the public convenience,
general welfare, and good land use practice because it makes reasonable provision for
a balance of land uses compatible with the remainder of the City.
E. The Development Agreement will not be detrimental to the health, safety,
or general welfare of the community because it provides adequate assurances for the
protection thereof. .
F. The benefits that will accrue to the people of the City of Temecula from
this legislation and this Development Agreement are expansion of an important local
employer and could bring additional employment opportunities to local residents.
G. The potentially significant impacts to the environment from the project will
be mitigated to a less than significant level based upon the identified mitigation
measures.
Section 3. Environmental Compliance. The Planning Commission hereby
makes the following environmental findings and determinations in connection with the
approval recommendation of the Development Agreement (PA07-0220):
A. Pursuant to California Environmental Quality Act ("CEQA"), City staff
prepared an Initial Study of the potential environmental effects of the approval of the
Development Agreement as described in the Initial Study ("the Project"). Based upon
the findings contained in that Study, City staff determined that there was no substantial
evidence that the project could have a significant effect on the environment and a
Mitigated Negative Declaration was prepared.
B. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Mitigated Negative Declaration as required by law. The
public comment period commenced on August 4, 2007, and expired on September 3,
2007. Copies of the documents have been available for public review and inspection at
the offices of the Department of Planning, located at City Hall, 43200 Business Park
Drive, Temecula, California 92590.
C. Three written comments were received prior to the public hearing and a
response to all the comments made therein was prepared, submitted to the Planning
Commission and incorporated into the administrative record of the proceedings.
G:\Planning\2007\PA07-0220 PHS Development Agreement\Planning\DRAFT PC Reso DA.doc
2
D. The Planning Commission has reviewed the Mitigated Negative
Declaration and all comments received regarding the Mitigated Negative Declaration
prior to and at the date public hearing, and based on the whole record before it finds
that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2)
there is no substantial evidence that the Project will have a significant effect on the
environment; and (3) the Mitigated Negative Declaration reflects the independent
judgment and analysis of the Planning Commission.
E. Based on the findings set forth in this Resolution, the Planning
Commission hereby recommends that the City Council adopt the Mitigated Negative
Declaration prepared for this project.
Section 4. Recommendation. The Planning Commission of the City of
Temecula recommends that the City Council approve Planning Application No. PA07-
0220, a Development Agreement between Temecula Properties, LLC and the City of
Temecula to authorize the development of an approximate 84-acre site.
G:\Planning\2007\PA07-0220 PHS Development Agreement\Planning\DRAFT PC Reso DA.doc
3
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 5th day of September 2007.
Dennis Chiniaeff, 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 the forgoing PC Resolution No. 07-_ was duly and regularly adopted by the
Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th
day of September 2007, by the following vote:
AYES:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
ABSENT:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
G:\Planning\2007\PA07-0220 PHS Development Agreement\Planning\DRAFT PC Reso DA.doc
4
EXHIBIT A
DRAFT CITY COUNCIL RESOLUTION 07-_
G:\Planning\2007\PA07~0220 PHS Development Agreement\Planning\DRAFT PC Reso DA.doc
5
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA07-0220, A DEVELOPMENT AGREEMENT
BETWEEN TEMECULA PROPERTIES, LLC AND THE
CITY OF TEMECULA TO AUTHORIZE THE
DEVELOPMENT OF AN APPROXIMATE 84-ACRE SITE
GENERALLY LOCATED AT THE NORTHWEST CORNER
OF WINCHESTER ROAD AND DENDY PARKWAY IN THE
CITY OF TEMECULA (APN 909-370-018 AND 909-370-
032)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOllOWS:
Section 1. Procedural Findinas. The City Council of the City of Temecula
finds and determines that:
A. On September 5, 2007, the Planning Commission recommended that the
City Council approve Planning Application No. PA07-0220.
B. The Amendment was processed including, but not limited to a public
notice, in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on September 5, 2007, 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.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended that the City Council approve Planning
Application No. PA07-0220 subject to and based upon the findings set forth hereunder.
E. On
on this Resolution.
2007, the City Council held a duly noticed public hearing
F. At the conclusion of the City Council hearing and after due consideration
of the testimony, the City Council adopted a Mitigated Negative Declaration for the
project and approved the recommended Development Agreement under Planning
Application No. PA07-0220 subject to and based upon the findings set forth hereunder
and the attached Exhibit A.
G. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findinas. The City Council, in approving the Development
. Agreement hereby finds, determines and declares that:
To recommend approval of the Development Agreement, the following findings
must be made:
A. The Development Agreement is consistent with the objectives, policies,
general land uses, and programs specified in the City of Temecula General Plan in that
the Development Agreement makes reasonable provision for the use of certain real
property for industrial, commercial and residential development.
B. The Development Agreement complies with the goals and objectives of
the Circulation Element of the General Plan, and the traffic impacts of the development
will be less than significant or substantially mitigated by the mitigation measures and
Conditions of Approval imposed.
C. The project subject to the Development Agreement is compatible with the
uses authorized in, and the regulations prescribed for the zoning district in which the
property subject to the Development Agreement is located, and that this Development
Agreement is consistent with good planning practices by providing for the opportunity to
develop the property consistent with the General Plan.
D. The Development Agreement is in conformity with the public convenience,
general welfare, and good land use practice because it makes reasonable provision for
a balance of land uses compatible with the remainder of the City.
E. The Development Agreement will not be detrimental to the health, safety,
or general welfare of the community because it provides adequate assurances for the
protection thereof.
F. The benefits that will accrue to the people of the City of Temecula from
this legislation and this Development Agreement are expansion of an important local
employer that could bring additional employment opportunities to local residents.
G. The potential significant impacts to the environment from the project will
be mitigated to a less than significant level based upon the identified mitigation
measures.
Section 3. Environmental Findinas. The City Council hereby makes the
following environmental findings and determinations in connection with the
recommended approval of the proposed General Plan Amendment:
A. Pursuant to California Environmental Quality Act ("CEQA"), City staff
prepared an Initial Study of the potential environmental effects of the approval of the
General Plan Amendment as described in the Initial Study ("The Project"). Based upon
the findings contained in that Study, City staff determined that there was no substantial
evidence that the Project could have a significant effect on the environment and a
Mitigated Negative was prepared.
B. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Mitigated Negative Declaration as required by law. The
public comment period commenced on August 4, 2007, and expired on September 3,
2007. Copies of the documents have been available for public review and inspection at
the offices of the Department of Planning, City Hall, 43200 Business Park Drive,
Temecula, California 92590.
C. Three written comments were received prior to the public hearing and a
response to all the comments made therein was prepared, submitted to the Planning
Commission and incorporated into the administrative record of the proceedings.
D. The City Council reviewed the Mitigated Negative Declaration and all
comments received regarding the Mitigated Negative Declaration prior to and at the
2007 City Council meeting and based on the whole record before it
finds that: (1) the Mitigated Negative Declaration was prepared in compliance with
CEQA; (2) there is no substantial evidence that the Project will have a significant effect
on the environment; and (3) the Mitigated Negative Declaration reflects the independent
judgment and analysis of the City Council.
E. Based on the findings set forth in this Resolution, the City Council adopts
the Mitigated Negative Declaration prepared for this project.
F.
Effective Date. This Resolution shall become effective on
2007.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the day of , by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
EXHIBIT A
'DEVELOPMENT AGREEMENT
G:\Planning\2007\PA07-0220 PHS Development Agreement\Planning\DRAFT PC Reso DA.doc
6
DEVELOPMENT AGREEMENT
WILL BE PROVIDED
UNDER SEPARATE COVER
ATTACHMENT NO.4
PC RESOLUTION NO. 07-_
(GENERAL PLAN AMENDMENT)
G:IPlanning\2006IPA06-0370 PHS Tentative Map (TTM35181)IPlanningIPCIPC STAFF REPORT.doc
16
PC RESOLUTION NO. 07-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT THE
CITY COUNCIL APPROVE A RESOLUTION ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA07-0048, A GENERAL PLAN AMENDMENT TO TABLE
LU-5 OF LAND USE ELEMENT TO DESIGNATE AN 84
ACRE SITE LOCATED AT THE NORTHWEST CORNER
OF DENDY PARKWAY AND WINCHESTER ROAD AS A
FUTURE SPECIFIC PLAN AREA (APN 909-370-018 AND
909-370-032)
Section 1. Procedural Findinas. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On February 8, 2007, The Garrett Group filed Planning Application No.
PA07-0048, (General Plan Amendment), in a manner in accord with the City of
Temecula General Plan and Development Code.
B. .On September 5,2007, the Planning Commission recommended that the
City Council approve Planning Application No. PA07-0048.
C. The Amendment was processed including, but not limited to a public
notice, in the time and manner prescribed by State and local law.
D. The Planning Commission, at a regular meeting, considered the
Application and environmental review on September 5, 2007, 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.
E. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended that the City Council approve Planning
Application No. PA07-0048 subject to and based upon the findings set forth hereunder.
F. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findinas. The Planning Commission, in recommending that
the City Council approve the Application hereby finds, determines and declares that:
To recommend approval of the General Plan Amendment, the following findings
must be made:
A. The amendment is compatible with the health, safety and welfare of the
community.
G:\Planning\2007\PA07~0048 Temecula 84 GPA\Planning\DRAFT PC Reso GPA.doc
1
The proposed amendment to add a future Specific Plan area to Table LU-5 of/he
Land Use Element meets the goals and policies of the General Plan, and is
consistent with the anticipated impacts of the Final Environmental Impact Report
(EIR) for the General Plan and the guidelines of the Development Code. Any
future proposals for the Specific Plan area will be subject to the City's General
Plan, Development Code and Design Guidelines to ensure the public health,
safety and welfare of the community is maintained as new development occurs.
B. The amendment is compatible with existing and surrounding uses.
The proposed amendment to add a future Specific Plan area to Table LU-5 of/he
Land Use Element is compatible with the existing and surrounding uses because
any future proposals for the 84 acre site will be consistent with the goals and
policies of the General Plan and the content and processing requirements
contained in the Development Code. Therefore, the proposed amendment will be
compatible with existing and future uses in the surrounding area.
C. The amendment will not have an adverse effect on the community and are
consistent with the goals and policies of the adopted General Plan.
The proposed amendment will not conflict with the existing zoning or designated
land uses throughout the City. The proposed amendment will result in compatible
future development, which meets the recommended land use and circulation
pattern, maximum density and intensity of development, a desired mix of uses
and other factors consistent with the goals and policies of the General Plan.
Section 3. Environmental Compliance. The Planning Commission hereby
makes the following environmental findings and determinations in connection with the
approval of the General Plan Amendment, (PA07-0048):
A. Pursuant to California Environmental Quality Act ("CEQA"), City staff
prepared an Initial Study of the potential environmental effects of the approval of the
General Plan Amendment as described in the Initial Study ("the Project"). Based upon
the findings contained in that study, City staff determined that there was no substantial
evidence that the Project could have a significant effect on the environment and a
.Mitigated Negative Declaration was prepared.
B. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Mitigated Negative Declaration as required by law. The
public comment period commenced on August 4, 2007, and expired on September 3,
2007. Copies of the documents have been available for public review and inspection at
the offices of the Department of Planning, located at City Hall, 43200 Business Park
Drive, Temecula, California 92590.
C. Three written comments were received prior to the public hearing and a
response to all the comments made therein was prepared, submitted to the Planning
Commission and incorporated into the administrative record of the proceedings.
G:\Planning\2007\PA07-0048 Temecula 84 GPA\Planning\DRAFT PC Reso GPA.doc
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D. The Planning Commission has reviewed the Mitigated Negative
Declaration and all comments received regarding the Mitigated Negative Declaration
prior to and at the date public hearing, and based on the whole record before it finds
that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2)
there is no substantial evidence that the Project will have a significant effect on the
environment; and (3) the Mitigated Negative Declaration reflects the independent
judgment and analysis of the Planning Commission.
E. Based on the findings set forth in this Resolution, the Planning
Commission hereby recommends that the City Council adopt the Mitigated Negative
Declaration prepared for this project.
Section 4. Recommendation. The Planning Commission of the City of
Temecula recommends that the City Council approve Planning Application No. PA07-
0048, a General Plan Amendment to Table LU-5 to designate an 84 acre site as a
future Specific Plan area.
G:\Planning\2007\PA07M0048 Temecula 84 GPA\Planning\DRAFT PC Reso GPA.doc
3
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 5th day of September 2007.
Dennis Chiniaeff, 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 the forgoing PC Resolution No. 07-_ was duly and regularly adopted by the
Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th
day of September 2007, by the following vote:
AYES:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
ABSENT:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
DebbieUbnoske, Secretary
G:\Plannjng\2007\PA07~0048 Temecula 84 GPA\Planning\DRAFT PC Reso GPA.doc
4
EXHIBIT A
DRAFT CITY COUNCIL RESOLUTION 07-_
G:\Planning\2007\PA07.0048 Temecula 84 GPA\Planning\DRAFT PC Reso GPA.doc
5
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA07-0048, A GENERAL PLAN AMENDMENT TO
TABLE LU-5 OF LAND USE ELEMENT TO DESIGNATE
AN 84-ACRE SITE LOCATED AT THE NORTHWEST
CORNER OF DENDY PARKWAY AND WINCHESTER
ROAD AS A FUTURE SPECIFIC PLAN AREA (APN 909-
370-018 AND 909-370-032)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Procedural Findinas. The City Council of the City of Temecula
finds and determines that:
A. On September 5, 2007, the Planning Commission recommended that the
City Council approve Planning Application No. PA07-0048.
B. The Amendment was processed including, but not limited to a public
notice, in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on September 5, 2007, 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.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended that the City Council approve Planning
Application No. PA07-0048 subject to and based upon the findings set forth hereunder.
E. On
this Resolution.
, the City Council held a duly noticed public hearing on
F. At the conclusion of the City Council hearing and after due consideration
of the testimony, the City Council adopted a Mitigated Negative Declaration for the
project and approved the recommended General Plan Amendment under Planning
Application No. PA07-0048 subject to and based upon the findings set forth hereunder
and the attached Exhibit A.
G. All legal preconditions to the adoption of this Resolution nave occurred.
Section 2. Further Findinas. The City Council, in approving the General Plan
Amendment hereby finds, determines and declares that:
A. The amendment is compatible with the health, safety and welfare of the
community;
The proposed amendment to add a future Specific Plan area to Table LU-5 of the
Land Use Element meets the goals and policies of the General Plan, and is
consistent with the anticipated impacts of the Final Environmental Impact Report
(EIR) for the General Plan and the guidelines of the Development Code. Any
future proposals for the Specific Plan area will be subject to the City's General
Plan, Development Code and Design Guidelines to ensure the public health,
safety and welfare of the community is maintained as new development occurs.
B. The amendment is compatible with existing and surrounding uses;
The proposed amendment to add a future Specific Plan area to Table LU-5 of the
Land Use Element is compatible with the existing and surrounding uses because
any future proposals for the 84-acre site will be consistent with the goals and
policies of the General Plan and the content and processing requirements
contained in the Development Code. Therefore, the proposed amendment will
be compatible with existing and future uses in the surrounding area.
C. The amendment will not have an adverse effect on the community and are
consistent with the goals and policies of the adopted General Plan;
The proposed amendment will not conflict with the existing zoning or designated
land uses throughout the City. The proposed amendment will result in compatible
future development, which will meet the recommended land use and circulation
pattern, maximum density and intensity of development, a desired mix of uses
and other factors consistent with the goals and policies of the General Plan.
Section 3. Environmental Findinas. The City Council hereby makes the
following environmental findings and determinations in connection with the
recommended approval of the proposed General Plan Amendment (the Project):
A. Pursuant to California Environmental Quality Act ("CEQA"), City staff
prepared an Initial Study of the potential environmental effects of the approval of the
General Plan Amendment as described in the Initial Study. Based upon the findings
contained in that study, City staff determined that there was no substantial evidence that
the Project could have a significant effect on the environment and a Mitigated Negative
Declaration was prepared.
B. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Mitigated Negative Declaration as required by law. The
public comment period commenced on August 4, 2007, and expired on September 3,
2007. Copies of the documents have been available for public review and inspection at
the offices of the Department of Planning, located at City Hall, 43200 Business Park
Drive, Temecula, California 92590.
C. Three written comments were received prior to the public hearing and a
response to all the comments made therein was prepared, submitted to the Planning
Commission and incorporated into the administrative record of the proceedings.
D. The City Council reviewed the Mitigated Negative Declaration and all
comments received regarding the Mitigated Negative Declaration prior to and at the
, City Council meeting and based on the whole record before it finds
that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2)
there is no substantial evidence that the Project will have a significant effect on the
environment; and (3) the Mitigated Negative Declaration reflects the independent
judgment and analysis of the City Council.
E. Based on the findings set forth in this Resolution, the City Council adopts
the Mitigated Negative Declaration prepared for this project.
Section 4. Effective Date. This Resolution shall become effective on
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the day of , by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
EXHIBIT A
PROPOSED GENERAL PLAN AMENDMENT
G:\Planning\2007\PA07-0048 Temecula 84 GPA\Planning\DRAFT PC Reso GPA.doc
6
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ATTACHMENT NO.5
PC RESOLUTION NO. 07-_
(TENTATIVE TRACT MAP)
G:IPlanningI2006IPA06-0370 PHS Tentative Map (TTM35181)IPlanningIPCIPC STAFF REPORT.doc
17
PC RESOLUTION NO. 07-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA06-0370, A TENTATIVE TRACT
MAP (TTM 35181) TO SUBDIVIDE 84 ACRES INTO FIVE
PARCELS, FOUR DEVELOPABLE LOTS AND ONE
SLOPE AND EASEMENT PARCEL, LOCATED AT THE
NORTHWEST CORNER OF DENDY PARKWAY AND
WINCHESTER ROAD (APN 909-370-018 AND 909-370-
032)
Section 1. Procedural Findinas. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On December 12, 2006, The Garrett Group filed Planning Application No.
PA06-0370, (Tentative Tract Map), in a manner in accord with the City of Temecula
General Plan and Development Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on September 5, 2007, 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.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission approved Planning Application No. PA06-0370
subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findinqs. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
Section 16.09.140 (Tentative Maol
A. The proposed subdivision and the design and improvements of the
subdivision are consistent with the Development Code, General Plan, and the City of
Temecula Municipal Code;
. Tentative Tract Map No. 35181 is consistent with the General Plan, the
Subdivision Ordinance, the Development Code, and Municipal Code because the
project has been designed in a manner that is consistent with the policies and
standards in the General Plan, Subdivision Ordinance, Development Code, and
Municipal Code.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\PC\DRAFT PC Reso TTM.doc
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B. The Tentative Map does not propose to divide land which is subject to a
contract entered into pursuant to the California Land Conservation Act of 1965, or the
land is subject to a Land Conservation Act contract but the resulting parcels following
division of the land will not be too small to sustain agricultural use;
The subject parcels do not propose to divide land which is subject to a contract
entered into pursuant to the California Land Conservation Act of 1965. The
suf?ject property has not been designated for conservation or agricultural land
and is not subject to the California Land Conservation Act of 1965.
C. The site is physically suitable for the type and proposed density of
development proposed by the Tentative Map;
The site is physically suitable for the proposed industrial development because
the proposed use is consistent with the General Plan and Development Code.
The proposed Tentative Tract Map (TTM 35181) meets the minimum lot size
requirements contained within the Development Code, and is consistent with all
of the requirements found within City of Temecula General Plan and the City of
Temecula Subdivision Ordinance. The subdivision (TTM 35181) is therefore
consistent with the Light Industrial zone.
D. The design of the subdivision and the proposed improvements, with
Conditions of Approval are not likely to cause significant environmental damage or
substantiplly and avoidably injure fish or wildlife or their habitat;
The proposed project site does contain sensitive habitat. The project impacts will
be mitigated to a level of insignificance based upon the identified mitigation
measures and the Conditions of Approval and will not therefore cause significant
environmental damage or substantially and avoidably injure fish or wildlife in their
habitat.
E. The design of the subdivision and the type of improvements are not likely
to cause serious public health problems;
The project, as conditioned by the Fire Prevention Bureau, the Public Works
Department, and the Building and Safety Department, will comply with the
applicable improvement requirements designed to prevent serious public health
problems. Furthermore; provisions are made in the General Plan and the
Development Code to ensure that the public health, safety and welfare are
safeguarded. The project is consistent with these documents.
F. The design of the subdivision provides for future passive or natural
heating or cooling opportunities in the subdivision to the extent feasible;
Prior to any issuance of building permits for the subject subdivision, and prior to
any construction, the applicant will be required to submit building plans to the
City of Temecula Building Department. These plans will be required to comply
with all applicable Uniform Building Codes, which also include requirements for
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\PC\DRAFT PC Reso TIM.doc
2
energy conservation. Therefore, the construction plans will comply with all
applicable building codes and State energy guidelines.
G. The design of the subdivision and the type of improvements will not
conflict with easements acquired by the public at large for access through or use of
property within the proposed subdivision, or the design of the alternate easements
which are substantially equivalent to those previously acquired by the public will be
provided;
The required right-of-way easements, including the future Western Bypass and
Cherry Street alignments, are included on the Tentative Tract Map (TTM 35181).
The City has reviewed these easements and the design of alternate easements,
and determined the type of improvements will not conflict with the easements
acquired by the public at large for access through or use of properly within the
proposed subdivision.
H. The subdivision is consistent with the City's parkland dedications
requirements (Quimby);
The subdivision is consistent with the dedication requirement.
Section 3. Environmental ComDliance. The Planning Commission hereby
makes the following environmental findings and determinations in connection with the
approval of the Tentative Tract Map No. 35181, (PA06-0370):
A. Pursuant to California Environmental Quality Act ("CEQA"), City staff
prepared an Initial Study of the potential environmental effects of the approval of the
Tentative Tract Map (TTM 35181) as described in the Initial Study ("the Project").
Based upon the findings contained in that study, City staff determined that there was no
substantial evidence that the Project could have a significant effect on the environment
and a Mitigated Negative Declaration was prepared.
B. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Mitigated Negative Declaration as required by law. The
public comment period commenced on August 4, 2007, and expired on September 3,
2007. Copies of the documents have been available for public review and inspection at
the offices of the Department of Planning, located at City Hall, 43200 Business Park
Drive, Temecula, California 92590. .
C. Three written comments were received prior to the public hearing and a
response to all the comments made therein was prepared, submitted to the Planning
Commission and incorporated into the administrative record of the proceedings.
D. The Planning Commission has reviewed the Mitigated Negative
Declaration and all comments received regarding the Mitigated Negative Declaration
prior to and at the date public hearing, and based on the whole record before it finds
that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2)
there is no substantial evidence that the Project will have a significant effect on the
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\PC\DRAFT PC Reso TTM.doc
3
environment; and (3) the Mitigated Negative Declaration reflects the independent
judgment and analysis of the Planning Commission.
E. Based on the findings set forth in this Resolution, the Planning
Commission hereby adopts the Mitigated Negative Declaration prepared for this project.
Section 4. Conditions.. The Planning Commission of the City of Temecula
approves Planning Application No. PA06-0370, a Tentative Tract Map (TTM 35181) to
subdivide 84 acres into five lots, subject to the Conditions of Approval set forth on
Exhibit A, attached hereto, and incorporated herein by this reference.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\PC\DRAFT PC Reso TTM.doc
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Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 5th day of September 2007.
Dennis Chiniaeff, 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 the forgoing PC Resolution No. 07-_ was duly and regularly adopted by the
Planning Commission of the City of Temecula at a regular meeting thereof held On the 5th
day of September 2007, by the following vote:
AYES:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
ABSENT:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\PC\DRAFT PC Reso TTM:doc
5
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\paDRAFT PC Reso TIM.doc
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EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA06-0370
Project Description:
A Tentative Tract Map (TTM 35181) to subdivide 84 gross
acres into five parcels, four developable lots and one
easement parcel for slope and drainage purposes. The
project site is located at the northwest corner of Dendy
Parkway and Winchester Road
Assessor's Parcel No.:
909-370-018 and 909-370-032
MSHCP Category:
DIF Category:
Per Development Agreement
Per Development Agreement
TUMF Category:
Per Development Agreement
Approval Date:
September 5, 2007
Expiration Date:
September 5,2010
WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
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 One Thousand Eight
Hundred Sixty-Four Dollars ($1,864.00) which includes the One Thousand Eight Hundred
Dollar ($1 ,800.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty-
Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice of
Determination for the Mitigated Negative Declaration required under Public Resources Code
Section 21152 and California Code of Regulations Section 15075. If within said 48-hour
periDd 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)].
G:IPlanningI2006IPA06-0370 PHS Tentative Map (TTM35181)'PlanningIPCIDraft COA PA06-0370.doc
1
GENERAL REQUIREMENTS
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\PC\Draft COA PA06-0370.doc
2
Planning Department
2. 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.
3. The tentative subdivision shall comply with the State of California Subdivision Map Act and
to all the requirements of Ordinance No. 460, unless modified by the conditions listed below.
A time extension may be approved in accordance with the State Map Act and City
Ordinance, upon written request, if made 60 days prior to the expiration date.
4. The 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.
5. The approval granted by this Resolution shall become effective upon the Effective Date of
the Development Agreement, as the term Effective Date is defined in the Development
Agreement adopted concurrently with this Resolution.
6. If Subdivision phasing is proposed, a ohasina olan shall be submitted to and approved by
the Planning Director.
7. The project and all subsequent projects within this site shall be subject to the Garrett/PHS
Development Agreement (PA07-0220).
8. All lots created by TTM35181 shall be developed as identified in the Development
Agreement (PA07-0220).
9. The project and all subsequent projects within this site shall comply with all mitigation
measures contained in the approved Mitigation Monitoring Program.
10. A Specific Plan consistent with Development Agreement (PA07-0220) shall be submitted
prior to the approval of any development plans for Lots 1, 2, or 3 created by TTM 35181.
Public Works Department
11. It is understood that the Developer correctly shows on the tentative map all existing and
proposed easements, traveled ways, improvement constraints and drainage courses, and
their omission may require the project to be resubmitted for further review and revision.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181 )\Plannlng\PC\Draft COA PA06-0370.doc
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12. A Grading Permit for either rough or precise grading shall be obtained from the Department
of Public Works prior to commencement of any construction outside of the City-maintained
road right-of-way.
13. 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.
14. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for
consistency with adjacent projects and existing improvements contiguous to the site and
shall be submitted on standard 24" x 36" City of Temecula mylars.
15. The provisions for the design, improvement, lot configuration, public facility financing and the
following conditions of approval are predicated on the approval and full execution of a
Development Agreement between Temecula Properties, LLC and the City on or about
September 25, 2007.
Fire Prevention Bureau
16. 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.
17. 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 4,000 GPM at
20 PSI residual operating pressure for a 4 hour duration. The Fire Flow as given above has
taken into account all information as provided (CFC 903.2, Appendix III-A).
18. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III-B, Table A-III-B-1. A combination of on-site and off-site (6" x 4" x 2-2 1/2"
outlets) on a looped system shall be located on fire access roads and adjacent to public
streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be
located no more than 210 feet from any point on the street or Fire Department access
road(s) frontage to an hydrant. The required fire flow shall be available from any adjacent
hydrant(s) in the system. The upgrade of existing fire hydrants may be required (CFC 903.2,
903.4.2, and Appendix III-B).
19. 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).
Community Service Department
20. The Applicant shall comply with the Public Art Ordinance.
21. 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.
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PRIOR TO RECORDATION OF THE FINAL MAP
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Planning Department
22. The following shall be submitted to and approved by the Planning Division:
a. A copy of the Final Map.
b. A copy of the Environmental Constraint Sheet (ECS) with the following notes:
i. This property is located within thirty (30) miles of Mount Palomar
Observatory. All proposed outdoor lighting systems shall comply with the
California Institute of Technology, Palomar Observatory recommendations,
Ordinance No. 655.
ii. A Mitigated Negative Declaration was prepared for this project and is on file
at the City of Temecula Planning Department.
Iii. This project is within the Alquist-Priolo Special Studies Zone.
iv. This project contains sensitive cultural resources.
23. The %-acre of cultural site CA-RIV 237 located in the northeast corner of Planning
Application 06-0370 shall be preserved in Open Space and recorded with the County
Recorder of Riverside County as a conservation easement for preservation purposed in
perpetuity. The %-acre of CA-RIV 237 shall not be subject to development, archeological
testing or ground-disturbing activities.
24. The applicant shall comply with the provisions of the Development Agreement (PA07-0220)
prior to Final Map recordation.
Public Works Department
25. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Rancho California Water District
c. Riverside County Flood Control and Water Conservation District
d. City of Temecula Fire Prevention Bureau
e. Planning Department
f. Department of Public Works
g. Riverside County Health Department
h. Time Warner
i. Community Services District
j. Verizon
k. Southern California Edison Company
I. Southern California Gas Company
m. Fish and Game
n. Army Corps of Engineers
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26. The Developer shall design and guarantee construction of the following public improvements
to City of Temecula General Plan standards unless otherwise noted. Plans shall be
reviewed and approved by the Department of Public Works:
a. Winchester Road (Major Arterial Standards - 100' R/W) between Dendy Parkway
and the southern project boundary plus transition to include dedication of half-width
street right-of-way, installation of half-width street improvements, paving, curb and
gutter, sidewalk, painted median, street lights, drainage facilities, signing and striping
and utilities (including but not limited to water and sewer).
b. Dendy Parkway (Major Arterial Standards - 100' R/W) between Winchester Road
and the eastern project boundary plus transition to include dedication of half-width
street right-of-way, installation of half-width street improvements, paving, curb and
gutter, sidewalk, painted median, street lights, drainage facilities, signing and striping
and utilities (including but not limited to water and sewer).
c. Remington Avenue (Industrial Collector Highway Standards - 78' R/W) to include
dedication of full width street right-of-way, installation of full width street
improvements, curb and gutter, sidewalk, painted median, street lights, drainage
facilities, signing and striping, utilities (including but not limited to water and sewer).
d. Remington Avenue and Winchester Road intersection to include a stop control on
the eastbound leg of Remington Avenue for an all-way stop controlled intersection
and a striped 200-foot northbound left turn. pocket. In addition, secure with a cash
deposit to include a year 2009 traffic analysis to determine traffic signal warrants and
a fair share contribution for the design and installation of a traffic signal.
e. Cherry Street (Major Arterial - 100' R/W)
i. Dedication of half-width street right-of-way.
f. Western Bypass Corridor (Major Arterial-100' R/W)
i. Dedication of full-width street right-of-way plus an easement for slope
construction, maintenance and drainage purposes.
g. All street improvement design shall provide adequate right-of-way and pavement
transitions per Caltrans standards for transition to existing street sections.
27. Unless otherwise approved the following minimum criteria shall be observed in the design of
the street improvement plans:
a. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum
over A.C. paving.
b. Driveways shall conform to the applicable City Standard No. 207 A.
c. Street lights shall be installed along the public streets shall be designed in
accordance with City Standard No. 800, 801, 802 and 803.
d. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400
and 401.
e. Design of street improvements shall extend a minimum of 300 feet beyond the
project boundaries to ensure adequate continuity of design with adjoining properties.
f. Minimum centerline radii shall be in accordance with City Standard No. 113.
g. All street and driveway centerline intersections shall be at 90 degrees.
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h. All knuckles shall be constructed in accordance with City Standard No. 602.
i. All cul-de-sacs shall be constructed in accordance in City Standard No. 600.
j. 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.
k. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall
be provided underground. Easements shall be provided as required where
adequate right-of-way does not existfor installation of the facilities. All utilities shall
be designed and constructed in accordance with City Codes and the utility provider.
I. All utilities, except electrical lines rated 34kv or greater, shall be installed
underground.
28. A construction phase Traffic Control Plan shall be designed by a registered Civil Engineer
and reviewed by the Department of Public Works for any street closure and detour or other
disruption to traffic circulation as required by the Department of Public Works.
29. Relinquish and waive right of access to and from Winchester Road on the Final Map.
Specific access openings will be determined through the Development Plan process as
stated in the Development Agreement.
30. Relinquish and waive right of access to and from Dendy Parkway on the Final Map. Specific
access openings will be determined through the Development Plan process as stated in the
Development Agreement.
31. Relinquish and waive right of access to and from Remington Avenue on the Final Map.
Specific access openings will be determined through the Development Plan process as
stated in the Development Agreement.
32. Relinquish and waive right of access to and from Cherry Street on the Final Map. Specific
access openings will be determined through the Development Plan process as stated in the
Development Agreement.
33. Relinquish and waive right of access to and from the Western Bypass Corridor on the Final
Map. Specific access openings will be determined through the Development Plan process
as stated in the Development Agreement.
34. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities
shall be provided at all street intersections in accordance with Riverside County Standard
No. 805.
35. All easements and/or right-of-way dedications shall be offered for dedication to the public or
other appropriate agency and shall continue in force until the City accepts or abandons such
offers. All dedications shall be free from all encumbrances as approved by the Department
of Public Works.
36. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an
existing Assessment District must comply with the requirements of said section. Prior to City
Council approval of the Final Map, the Developer shall make an application for
reapportionment of any assessments with appropriate regulatory agency.
37. Any delinquent property taxes shall be paid.
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38. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Final
Map to delineate identified environmental concerns and shall be recorded with the map.
39. The Developer shall comply with all constraints which may be shown upon an Environmental
Constraint Sheet recorded with any underlying maps related to the subject property.
40. The Developer shall make a good faith effort to acquire the required off-site property
interests, and if he or she should fail to do so, the Developer shall, prior to submittal of the
Final Map for recordation, enter into an agreement to complete the improvements pursuant
to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall
provide for payment by the Developer of all costs incurred by the City to acquire the off-site
property interests required in connection with the subdivision. Security of a portion of these
costs shall be in the form of a cash deposit in the amount given in an appraisal report
obtained by the Developer, at the Developer's cost. The appraiser shall have been
approved by the City prior to commencement of the appraisal.
41. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit
shall be installed to cable TV standards at time of street improvements.
42. Private drainage easements for cross-lot drainage shall be required and shall be delineated
and noted on the final map.
43. Easements, when required for roadway slopes, landscape easements, drainage facilities,
utilities, etc., shall be shown on the final map if they are located within the land division
boundary. All offers of dedication and conveyances shall be submitted for review and
recorded as directed by the Department of Public Works. On-site drainage facilities located
outside of road right-of-way shall be contained within drainage easements and shown on the
final map. A note shall be added to the final map stating "drainage easements shall be kept
free of buildings and obstructions. "
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PRIOR TO ISSUANCE OF GRADING PERMITS
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Planning Department
44. A copy of the Rough Grading plans shall be submitted and approved by the Planning
Department.
45. The recommendations contained in soils report(s), geotechnical report, and slope stability
report shall be implemented.
46. Both Federal Clean Water Sections 404 and 401 permits and a 1602 Streambed Alteration
Agreement are required. Copies of all required permits shall be provided to the City prior to
the start of construction and comply fully with all of the terms and conditions of those permits
and agreement.
47. Impacts to jurisdictional areas will be mitigated at least a 1:1 ratio through off-site creation or
purchase of wetland credits within an approved wetland mitigation bank.
48. Impacts to upland habitats and associated species will be addressed through participation in
the MSHCP and payment of the MSHCP Local Development Mitigation fees. The project is
located within the Riverside County Stephens' kangaroo rat HCP Fee Assessment Area fee
area.
49. A pre-construction burrowing owl survey is required 30 days prior to commencement of
construction. If any burrowing owl is found on site, the CDFG shall be consulted, and a
passive relocation effort shall be undertaken outside of the nesting season. No disturbance
of active nests will occur.
50. A qualified biologist shall determine if any active raptor nests occur within the limits of
disturbance prior to commencement of grubbing, clearing, or grading activities.
51. No brushing, clearing, or grading shall occur within 500 feet of occupied tree-nesting raptor
habitat during the raptor breeding season (typically December to July).
52. In order to ensure MBT A compliance, clearing of native vegetation shall occur outside the
breeding season of most avian species (February 1 through September 15) unless a pre-
construction nesting bird survey determines that no nesting birds are present. The City of
Temecula would need to approve activities after concurrence is received from the wildlife
agencies.
53. 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
discovery 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."
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54. The project proponent shall enter into a Treatment Agreement with the Pechanga Band of
Luiseno Indians. This agreement will address the treatment and disposition of cultural
resources and human remains that may be uncovered during construction as well as
provisions for tribal monitors.
55. Tribal monitors from the Pechanga Band of Luiseno Indians shall be allowed to monitor all
grading, excavation and ground-breaking activities, including further surveys, to be
compensated by the project proponent. The Pechanga Tribal monitors shall have the
authority to temporarily stop and redirect grading activities to evaluate the significance of any
archaeological resources discovered on the property, in conjunction with the archeologist
and the Lead Agency.
56. A qualified archaeologist monitor shall be present during all earthmoving activities. The
monitor shall be empowered to temporarily halt or redirect construction work in the vicinity of
the find until it can be evaluated by the project archaeologist in conjunction with the
Pechanga Tribe. In the event of a new find, further testing, excavation, and/or reporting may
be required.
57. If cultural resources are discovered during the project construction (inadvertent discoveries),
all work in the area of the find shall cease, and a qualified archaeologist and representatives
of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and
make recommendations as to treatment and mitigation.
58. If human remains are encountered, all activity shall cease and the County Coroner must be
notified immediately. State Health and Safety Code Section 7050.5 state that no further
disturbance shall occur until the County Coroner has made a determination of the origin and
until treatment pursuant to Public Resources Code Section 5097.98 has been decided. The
Coroner shall determine if the remains are prehistoric, and shall notify the State Native
American Heritage Commission (NAHC) if applicable. Further actions shall be determined
pursuant to California Public Resources Code Section 5097.98.
59. The landowner shall agree to relinquish ownership of all cultural resources, including all
Luiseno sacred items, burial goods and all archeological artifacts that are found on the
project site to the Pechanga Band of Luiseno Indians for proper treatment and disposition.
60. All sacred sites within the project area are to be avoided and preserved.
61. Cultural Resources Sensitivity Training (a 15-minute presentation) should be required for all
project personnel.
62. All impacts to the sandstone and fanglomerate members of the Pauba Formation should be
monitored full time at the beginning of grading. A trained paleontological monitor shall be
present during ground disturbing activities within the project area determined likely to contain
paleontological resources. Monitoring will be adjusted to spot checking if initial monitoring
shows negative results.
63. Upon encountering any significant fossils, salvage of all fossils in the area will be conducted
with additional field staff and in accordance with modern paleontological techniques.
64. Any significant fossils recovered shall be prepared to a reasonable point of identification.
Excess sediment or matrix will be removed from the specimens to reduce the bulk and cost
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of storage. Itemized catalogs of all material collected and identified shall be provided to the
museum repository along with the specimens.
65. A report documenting the results of the monitoring and any salvage activities and the
significance of the fossils shall be prepared.
66. Any significant fossils recovered, along with the itemized inventory of the specimens, shall
be deposited in a museum repository for permanent curation and storage.
Public Works Department
67. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Riverside County Flood Control and Water Conservation District
c. Planning Department
d. Department of Public Works
e. Riverside County Health Department
f. Community Services District
g. General Telephone
h. Southern California Edison Company
i. Southern California Gas Company
68. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of
Temecula standards and approved by the Department of Public Works prior to
commencement of any grading. The plan shall incorporate adequate erosion control
measures to protect the site and adjoining properties from damage due to erosion.
69. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the
Department of Public Works with the initial grading plan check. The report shall address all
soils conditions of the site, and provide recommendations for the construction of engineered
structures, cut and fill slopes and preliminary pavement sections.
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70. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist
and submitted to the Department of Public Works with the initial grading plan check. The
report shall address special study zones and identify any geotechnical hazards for the site
including location of faults, slope stability and potential for liquefaction. The report shall
include recommendations to mitigate the impact of ground shaking and liquefaction.
a. Based on geologic relationships and observations, the site lacks evidence to support
the existence/presence of Holocene faulting (i.e. broken soil horizon or shear
planes). The building site area is not traversed by an active fault that would affect
the stability of the cut slope proposed or the building structure. A certified
engineering geologist shall perform regular field reconnaissance during site
earthwork construction. This field mapping is intended to further evaluate site
conditions and limit the possibility that adverse conditions will be exposed that could
affect site stability.
71. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the
Department of Public Works with the initial grading plan check. The study shall identify
storm water runoff quantities expected from the development of this site and upstream of the
site. It shall identify all existing or proposed off-site or on-site, public or private, drainage
facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall
capable of receiving the storm water runoff without damage to public or private property.
The study shall include a capacity analysis verifying the adequacy of all facilities. Any
upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall
be provided as part of development of this project. The basis for analysis and design shall
be a storm with a recurrence interval of one hundred years.
72. Construction-phase pollution prevention controls shall be consistent with the City's Grading,
Erosion and Sediment Control Ordinance and associated technical manual, and the City's
standard notes for Erosion and Sediment Control.
73. The project shall demonstrate coverage under the State NPDES General Permit for
Construction Activities by providing a copy of the Waste Discharge Identification number
(WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater
Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of
construction activities.
74. 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.
75. 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. Provide receipt of paid Area Drainage Plan fees
from the County.
76. 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.
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77. The Developer shall obtain letters of approval or easements for any off-site work performed
on adjoining properties. The letters or easements shall be in a format as directed by the
Department of Public Works.
Fire Prevention Bureau
78. 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).
79. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-
de-sac shall be forty-five (45) feet (CFC 902.2.2.2.3 and Subdivision Ord 16.03.020).
80. 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).
81. 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).
82. The gradient for a fire apparatus access roads shall not exceed fifteen (15) percent. (CFC
902.2.2.6 Ord. 99-14)
83. Prior to building construction, dead end roadways and streets in excess of one hundred and
fifty (150) feet which have not been completed shall have a turnaround capable of
accommodating fire apparatus (CFC 902.2.2.4).
84. 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).
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PRIOR TO ISSUANCE OF BUILDING PERMITS
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Planning Department
85. The applicant shall file and receive approval of a Development Plan for all future
development within the subject parcels.
86. Landscape plans shall be prepared for all slopes created by the grading and fill of the site
consistent with "Slope Planting Guidelines" and the Development Code, and shall provide
erosion control on undeveloped portions of the site.
87. Landscape plans for Parcel 4 shall include the off-site slopes created by the development of
Parcel 4 (including but not limited to the slopes proposed within Parcel 2 and the detention
basin proposed within Parcel 1). All landscaping shall be installed and maintained in
satisfactory condition by the property owner.
Public Works Department
88. Final Map 35181 shall be approved and recorded.
89. A Precise Grading Plan shall be submitted to the Department of Public Works for review and
approval. The building pad shall be certified by a registered Civil Engineer for location and
elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction
and site conditions.
90. Grading of the subject property shall be in accordance with the California Building Code, the
approved grading plan, the conditions of the grading permit, City Grading Standards and
accepted grading construction practices. The final grading plan shall be in substantial
conformance with the approved rough grading plan.
91. A paved emergency vehicle access shall be installed to the satisfaction of the City Engineer
and the Fire Marshall.
92. 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.
93. 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.
Fire Prevention Bureau
94. The developer shall furnish three copies of the water system plans directly 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. Hydraulic calculations are
required for fire flow with the submittal. Once the plans have been approved by the fire
department the plans get picked up from the fire department, mylars are made and they are
then signed by the local water company, the mylars shall be presented to the Fire Prevention
Bureau for final signatures. After all the signatures are obtained a bond copy shall be
submitted back to the fire department. Once the fire department received this final copy the
permit job card will be released. The permit job card indicates all the inspections that are
required by the fire department. The required water system including fire hydrants shall be
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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).
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95. 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).
96. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three
sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention
Bureau.
97. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets
of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau.
98. Fuel modification plans shall be submitted to the Fire Prevention Bureau for review and
approval for all open space areas adjacent to the wildland-vegetation interface (CFC
Appendix II-A).
99. A full technical report may be required to be submitted and to the Fire Prevention Bureau.
This report shall address, but not be limited to, all fire and life safety measures per 1998
CFC, 1998 CBC, NFPA -13,24,72 and 231-C.
Community Service Department
100. 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.
101. The developer shall make arrangements with the franchised hauler to dispose of the
construction debris.
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PRIOR TO ISSUANCE OF OCCUPANCY PERMITS
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Planning Department
102. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
Fire Prevention Bureau
103. "Blue Reflective Markers" shall be installed to identify fire hydrant locations (CFC 901.4.3).
104. 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 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 (CFC 901.4.4).
105. Based on square footage and type of construction, occupancy or use, the developer shall
install a fire sprinkler system (CFC Article 10, CBC Chapter 9).
106. 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).
107. 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 main entrance door (CFC 902.4).
108. 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).
109. 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.
110. Buildings housing high-piled combustible stock shall comply with the provisions of Uniform
Fire Code Article 81 and all applicable National Fire Protection Association standards. The
storage of high-piled combustible stock may require structural design considerations or
modifications to the building. Fire protection and life safety features may include some or all
of the following: an automatic fire sprinkler system(s) designed for a specific commodity
class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains,
Fire Department access doors and Fire department access roads (CFC Article 81).
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111. Prior to the building final, speculative buildings capable of housing high-piled combustible
stock, shall be designed with the following fire protection and life safety features: an
automatic fire sprinkler system(s) designed for a specific commodity class and storage
arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department
access doors and Fire department access roads. Buildings housing high-piled combustible
stock shall comply with the provisions California Fire Code Article 81 and all applicable
National Fire Protection Association standards (CFC Article 81).
112. The developer/applicant shall be responsible for obtaining underground and/or aboveground
tank permits for the storage of combustible liquids, flammable liquids or any other hazardous
materials from both the County Health department and Fire Prevention Bureau (CFC 7901.3
and 8001.3).
113. Asimple 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.
114. The applicant shall submit for review and approval by the Riverside County Department of
Environmental Health and City Fire Department an update to the Hazardous Material
Inventory Statement and Fire Department Technical Report on file at the City; should any
quantities used or stored onsite increase or should changes to operation introduce any
additional hazardous material not listed in existing reports (CFC Appendix II-E).
115. 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 a ESRI Arclnfo/ArcView compatible format and projected in
a State Plane NAD 83 (California Zone VI) coordinate system. The Bureau must acceptthe
data as to completeness, accuracy and format prior to satisfaction of this condition.
116. 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).
G:\Plannlng\2006\PA06-0370 PHS Tentative Map (TTM35181 )\Planning\PC\Draft COA PA06-0370.doc
22
OUTSIDE AGENCIES
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\PlanningIPC\Draft COA PA06-0370.doc
23
117. The applicant shall comply with the recommendations set forth in the Rancho California
Water District's transmittal dated December 27,2006, a copy of which is attached.
118. The applicant shall comply with the recommendations set forth in the Eastern Information
Center's transmittal dated December 19, 2006, a copy of which is attached.
119. The applicant shall comply with the recommendations set forth in the Pechanga Cultural
Resources comment letter dated December 22, 2006, a copy of which is attached.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in conformance
with these conditions of approval and that any changes I may wish to make to the project shall be
subject to Community Development Department approval.
Applicant's Signature
Date
Applicant's Printed Name
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\PlanningIPC\Draft COA PA06-0370.doc
24
,
r5:\
\~
Rancho
later
Board of Directors
Ben R. Drake
President
Stephen J. Corona
Sr. Vice President
Ralph H.. Daily
Lisa D. Herman
John E. Hoagland
Michael R. MeMillan
William E. PIUllllller
Officers:
Brian J. Brady
General Manager
Phillip L. Forbes
Assistant General Manager I
CbiefFinancial Officer
E. P. "BobQLemons
DireclorofEngineering
Perry R. Louck
Director of Planning
Jeff D. Annstrong
Controller
ReUi E. Gar'ilia
District Secretary
C. Michael Cowett
Best Best & Krieger LLP
General Counsel
.",,-
i ~
,.
.,
December 27,2006
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tl~:'.c.ib';'-
Dana Schuma, Project Planner
City of Temecula
Planning Department
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-9033
SUBJECT: WATER AND SEWER AVAILABILITY
PROFESSIONAL HOSPITAL SUPPLY
PARCEL NO.4 TENTATIVE PARCEL MAP NO. 35181
APN 909-370-018 AND APN 909-370-032
CITY PROJECT NO. P A06-0369, P A06-0370
[TEMECULA PROPERTIES, LLC]
Dear Ms. Schuma:
Please be advised that the above-referenced property is located within the
boundaries of Rancho California Water District (RCWD), and fronts an existing
12-inch diameter water pipeline, and 8-inch diameter sewer pipeline. Water and
sewer service, therefore, would be available upon the completion of financial
arrangements, between RCWD and the property owner.
If new facilities are required for fire protection or other, the customer will need to
contact RCWD for fees and requirements.
In addition, water availability is contingent upon the property owner signing an
Agency Agreement that assigns water management rights, if any, to RCWD.
If you should have any questions, please contact an Engineering Services
Representative at this office.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
~Wl
Corey F. Wallace, P.E.
Development Engineering Manager
cc: Laurie Williams, Engineering Services Supervisor
06\CW:atl35\FEG
Rancho California Water District
42135 Winchester Road . PostOffiooBox9017. Tcmecula, California 92589.9017 . (951)296-6900. FAX(951)296-6860
www.ranrnowater.com
'\'..~
/
/
,--.,.
EASTERN INFORMATION CENTER
CALIFORNIA HISTORICAL RESOURCES INFORMATION SYSTEM
Department of Anthropology, University of California, Riverside, CA 92521-0418
(951) 827-5745 - Fax (951) 827-5409 - eickw@ucr.edu
Inyo, Mono, and Riverside Counties
December 19, 2006
TO: Dana Schuma
City of Temecula Planning Department
RE: Cultural Resource Review
Case: PA 06-0369/DP/PHS and PA 06-0370/TPM/PHS
Records at the Eastern Information Center of the California Historical Resources Information System have
been reviewed to determine if this project would adversely affect prehistoric or historic cultural resources:
The proposed project area has not been surveyed for cultural resources and contains or is adjacent to known
cultural resource(s). A Phase I study is recommended.
Based upon existing. data the proposed project area has the potential for containing cultural resources. A Phase
I study is recommended.
...!L. Phase I cultural resource studies (RI-3279, 4258, and 6280) Identified one or more cultural resources.
The project area contains, or has the possibility of containing, cultural resources. However, due to the nature
of the project or prior data recovery studies, an adverse effect on cultural resources is not anticipated. Further
study is not recommended. .
A Phase I cultural resource study (RI-
recommended.
) identified no cultural res'Ources. Further study is not
There is a low probability of cultural resources. Further study is not recommended.
If, during construction, cultural resources are encountered, work should be halted or diverted in the immediate
area while a qualified archaeologist evaluates the finds and makes recommendations.
Due to the archaeological sensitivity of the area, earthmoving during construction should be monitored by a
professional archaeologist.
~ The submission of a cultural resource management report is recommended following guidelines for
Archaeological Resource Management Reports prepared by the California Office of Historic Preservation,
Preservation Planning Bul/etln 4(a), December 1989.
_ Phase I
A Phase II
A Phase III
Phase IV
Records search and field survey
Testing [Evaluate resource significance; propose mitigation measures for "significant" sites.]
Mitigation [Data recovery by excavation, preservation in place, or a combination of the two.]
Monitor earthmoving activities
COMMENTS:
The project area has been generally examined in the course of sElveral previous studies (RI-1121, 3279,
42S8, and 6280), resulting in the recordation of three archaeoloqlcal sites (CA-RiV-0237, -4786, and -
4986) and identification of posslbiy a fourth cultural resources property (not formally recorded [RI-6280]).
It is recommended that the four sites be re-Iocated, their condition assessed, and a plan developed as
necessary to evaluate the potential significance of these cultural resources.
if you have any questions, please contact us.
Eastern Information Center
PECtlANGA CULTURAL RESOURCES
Temecula Band of Lw:'ello Mission Indians
Chairperson:
Germaine Arenas
Vice Chairperson:
Mal)' Hear Mabrcc
POOlt Office. Box 2183 . 'femccllln, CA 92593
Telephone (951) 308-9295. Fax (951) 506~9491
Committee Members:
Raymond BasqUl.~J:, Sr.
Evie Gerber
Dnrlenc Mimnda
Bridgett Barcello Maxwell
December 22, 2006
Director:
Gary DuBois
Coordinator:
Pii.tiIMa~arro
SENT VIA FACSIMILE AND E-MAIL
Cultural Analyst:
Stephanie Gordin
Dana Schuma, Project Planner
City of Temecula
Planning Department
PO 130x 9033
Temecula, CA 92589c9033
Monitor Supervisor:
AurClia. Marruffo
Re: Comments onPA06-0369/PA06-03'lO
Dear Ms. Schuma:
This comment letter is submitted by the Pechanga Band of Luisefio Indians (hereinafter,
"Pechanga Tribe"), a federally recognized Indian tribe and sovereJgtl gOverliment. We request that
this letter and all of the Tribe's comments be part of the official record for the 'lpproval of this
Project. We also request that the City of TemeouJa provide tis with cqpies of all archeologiCal
studies, reports, site records, proposed testing plans, and proposed miti!5ation measures, and
conditions as soon as they beiJomeavaillible. We are also requesting that the Tribe be on them;liling
list for this Project so that we receive all notices, public dOcuments, and hearing notices piirtaiitingto
this Project
The Pechanga Tribe is wq\!l'stingto be consUlted, withQn the abQve listed Projl'cts, and we
have bl'en attempting to get mofeinforlilation from theCil.y Planner so that we canpro..-idl' written
comments, hut have received no resp<)Ose. Althis time the Tribe understands that thl' Projl'ctsstiII
wiUgo through an environmental. re..-iew process. As sUelI, the Tdbeis requestingputSuant to
~21083,1 of the Public Resour(lI'S Codl' to he involvl'd in.thisprocess,inOludingrequesting notice of
all comment periods and public hearings. If thes.e Projects will nOt be sUbj\'lct to CEQA,l'ither
pursuant to a CEQA Exemption or for some other reasoll, the Tribe requests to meet with the City
regarding our concerns priQr to any grading permits beinggrantl'd for the~e Projects.
PRO.JECTIMPAC'I'ST{) CULTURAL.RESOlJRCE$
As the City is aware, tlIere isasignificantarchl'ological and culttrral village, knownprimatily
as CA-RIV 237, located on the Project property. This sitl' is known to contain sacred itl'ms and
Native American human remains and has been designated with an avoidance status by the City on
previous projects. Pre..-ious developers have also agrel'dto lea..-e certain areas of the village
preserved in open space. There are also other details concerning theresources thatthe City needs to
be aware of prior to procel'ding with any Project approval for this geographic area. The Tribe
Sacred is The Duty Trusted Unto Our Care And With Honor lYe Rise To The Need
Pechanga Letter dated 12/22/2006, to City ofTemecula
Re: Comments on PA06-0369/PA06-0370
Page 2
fonnally requests to meet with the City concerning these issues prior to these Projects receiving any
approvals.
The Pechanga Tribe is not opposed to this development project. The Pechanga Tribe's
primary concerns stem from the project's likely impacts on Native American cultural resources. The
Pechanga Tribe is concerned about both the protection of unique and irreplaceable cultural resources,
such as Luiseiio village sites and archaeological items which may be displaced by ground-disturbing
work on the project, and on the proper and lawful treatment of cultural items, Native American
human remains and sacred items that may be discovered in the course of the work.
The Pechanga Tribe has a legal and cultural interest in the proper protection of sacred places
and all Luiseno cultural resources that are located on these Project properties. Given that Luiseiio
cultural resources may be affected by the Project, the Pechanga Tribe is formally requesting to be
involved and participate with the Lead Agency and the Project Applicant in developing all
monitoring and mitigation plans for the duration of the Project. Further, given the potential for
archaeological resources within the Project area, it is the position of the Pechanga Tribe that
Pechanga tribal monitors should be required to be present during all ground-disturbing activities if
such activities are conducted in native soils that have previously not been subject to mass grading,
including any archeological testing performed. It is further the position of the Pechanga Tribe that an
Agreement regarding appropriate treatment of cultural resources be drafted and entered into by and
between the Project Applicant and the Pechanga Tribe. This Agreement will also address inadvertent
discoveries and the issues with regard to the existing resources on the Project property. The
Pechanga Tribe also requests that all existing sacred sites on the Project property be preserved.
. The Pechanga Tribe believes that if human remains are discovered, State law would apply
and the mitigation measures for the pennit must account for this. According to the California Public
Resources Code, S5097.98, if Native American human remains are discovered, the Native American
Heritage commission must name a "most likely descendant," who shall be consulted as to the
appropriate disposition of the remains. Given the Project's location in Pechanga territory, the
Pechanga Tribe intends to assert its right pursuant to California law with regard to any remains or
items discovered in the course of this project. The Agreement mentioned above would also address
Native American human remains as well.
Lastly, in the case of discovery of new or additional sites or resources, the Pechanga Tribe
requests that all new sacred sites be preserved, and that the Lead Agency commit to re-evaluating the
Project impacts to cultural resources and adopting appropriate mitigation measures to address such
inadvertent discoveries. . The Pechanga Tribe intends to assert its legal rights with respect to
additional finds of significant sites or cultural resources which are of sacred and ceremonial
significance to the Pechanga Tribe.
The Pechanga Tribe looks forward to working together with the City of Temecula Planning
Department and other interested agencies in protecting the invaluable Luiseiio cultural resources
Peclumga Cultural Resources. Temecula Band of LlliseJio iV/Jssiol1 Indians
Post Office Box 2183. remeclI/a. CA 92592
Sacred Is The Duty Trusted Vlllo Our Care And With HOllor We Rise To The Need
Pechanga Letter dated 12/22/2006, to City of Temecllla
Re: Comments on P A06-0369/P A06-0370
Page 3
found in the Project area. If you have any questions, please do not hesitate to contact me at (951)
30&-9295.
Please contact me as soon as possible to set up a. meeting time concerning the Tribe's issues.
Thank you for the opportunity to submitthese comments.
Sincerely,
~ ~~L.t.~
DaJeFoster
Cultural Analyst
Cc: Debbie Ubnoske, City Planning Director
David Hogan, City Planning Departtnent
Pechanga Legal Department
Pechanga Cultural Resources. Te11lecula Baud of LuiseIio Missidll Indians
Post Office Box 2/83 . Temecula, CA 92592
Sacred L, Tire Dilly Trusted Unto aliI' Care And Witlr HOllOI' We Rise To 771e Need
ATTACHMENT NO.6
PC RESOLUTION NO. 07"_
(DEVELOPMENT PLAN)
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\PC\PC STAFF REPORT. doc
18
PC RESOLUTION NO. 07-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NOS. PA06-0369 AND PA07-0090, A
DEVELOPMENT PLAN TO CONSTRUCT A THREE
STORY, 608,934 SQUARE FOOT INDUSTRIAL
DISTRIBUTION BUILDING AND A 400 SQUARE FOOT
PUMP HOUSE ON 32 ACRES LOCATED AT THE
NORTHWEST CORNER OF DENDY PARKWAY AND
WINCHESTER ROAD, AND A MINOR EXCEPTION TO
ALLOW FOR A ONE PERCENT BUILDING HEIGHT
INCREASE FROM 50' TO 50'8" (APN 909-370-018 AND
909-370-032)
Section 1. Procedural Findinas. The Planning Cornrnission of the City of
Ternecula does hereby find, deterrnine and declare that:
A. On Decernber 12 2006, The Garrett Group filed Planning Application No.
PA06-0369, (Developrnent Plan), and on March 20,2007, filed Planning Application No.
PA07-0090, (Minor Exception), in a rnanner in accord with the City of Ternecula General
Plan and Developrnent Code.
B. The Application was processed including, but not lirnited to a public notice,
in the tirne and rnanner prescribed by State and local law.
C. The Planning Commission, at a regular rneeting, considered the
Application and environrnental review on September 5, 2007, 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 rnatter.
D. At the conclusion of the Comrnission hearing and after due consideration
of the testirnony, the Cornrnission approved Planning Application Nos. PA06-0369 and
PA07-0090 subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findinas. The Planning Cornrnission, in approving the
Application hereby finds, deterrnines and declares that:
Develoornent Plan fDeveloornent Code Section 17.05.010.F\
A. The proposed use is in conforrnance with the General Plan for Ternecula
and with all applicable requirernents of State law and other ordinances of the City;
The project is consistent with the General Plan and the Development Code
because the project has been designed in a manner that it is consistent with the
applicable policies and standards for light industrial development. The proposed
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT PC-Reso DP & Minor Exc.doc
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industrial use is permitted in the land use designation standards contained in the
General Plan and Development Code. The site is properly planned and zoned,
and as conditioned, is physically suitable for the type of development proposed.
The project, as conditioned, is also consistent with other applicable requirements
of State law and local ordinances, including the California Environmental Quality
Act (CEQA), the City Wide Design Guidelines, and fire and building codes.
B. The overall developrnent of the land is designed for the protection of the
public health, safety, and general welfare;
The overall design of the project, including site design, building height, setbacks,
parking, circulation, and other associated site improvements is intended to
protect the health and safety of those working in and around the site. The project
is 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.
Soecial Use Reaulations and Standards. Increase in Floor Area Ratio lDeveloornent
Code Section 17.08.050.A.2)
A. The project includes a use which provides outstanding and exceptional
benefits to the City with respect to the ernployrnent, fiscal, social and econornic needs of
the cornrnunity;
The project provides exceptional fiscal and economical benefits to the City in that
Professional Hospital Supply (PHS) is a major employer within the City, as well
as a large generator of sales tax revenue. PHS has experienced substantial
growth and their continued growth and expansion within the City will help to meet
the fiscal and economic needs of the community. The proposed expansion site
requires a four percent floor area ratio increase for a state of the art distribution
facility and office headquarters large enough to accommodate future growth of
PHS operations.
Minor Exceotion lDeveloornent Code Section 17.03.060.0\
A. There are practical difficulties or unnecessary hardships created by strict
application of the code due to the physical char~cteristics of the site;
There are practical difficulties related to the building construction and architecture
that make it difficult to meet the development standards for the Light Industrial
(LI) zone without the Minor Exception. In order to provide an appropriate ceiling
height for each of the office floors and visually screen roof top equipment the
cornice along the office portion of the building must be 50'8" in height, thus
requiring a one percent building height increase to meet the development
standards of the LI zone. Without the granting of the Minor Exception the
building would not meet the current standards, which poses a practical difficulty
and unnecessary hardship.
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT PC Reso DP & Minor Exc.doc
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B. The Minor Exception does not grant special privileges which are not
otherwise available to surrounding properties and will not be detrirnentalto the public
welfare or the property of other persons located in the vicinity;
The Minor Exception does not grant special privileges which are not otherwise
available to surrounding properties because the exception is consistent with
Development Code, which allows for up to a 15 percent deviation from the LI
development standard. The request for the Minor Exception allows for the one
percent height increase of 8" and special privileges have not been granted which
are not otherwise available by meeting the findings within the Development
Code. The granting of this exception will not be detrimental to the public welfare
or property of other persons within the vicinity as the height increase is only for
the office portion ofthe building, which is only 14 percent ofthe entire building
footprint.
C. The Minor Exception places suitable conditions on the property to protect
surrounding properties and does not perrnit uses which are not otherwise allowed in the
zone;
The Minor Exception to increase the building heightplaces suitable conditions on
the property to protect surrounding properties. The proposed project is for an
industrial building, which is permitted in the Light Industrial zone. The Minor
Exception will allow a one percent height increase, which will not allow for uses
which are not otherwise allowed in the zone.
Section 3. Environrnental Cornoliance. The Planning Cornrnission hereby
rnakes the following environrnental findings and determinations in connection with the
approval of the Developrnent Plan (PA06-0369) and Minor Exception (PA07-0090):
A. Pursuant to California Environrnental Quality Act ("CEQA"), City staff
prepared an Initial Study of the potential environrnental effects of the approval of the
Developrnent Plan and Minor Exception as described in the Initial Study ("the Project").
Based upon the findings contained in that study, City staff deterrnined that there was no
substantial evidence that the Project could have a significant effect on the environrnent
and a Mitigated Negative Declaration was prepared.
B. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Mitigated Negative Declaration as required by law. The
public cornrnent period cornrnenced on August 4, 2007, and expired on Septernber 3,
2007. Copies of the docurnents have been available for public review and inspection at
the offices of the Departrnent of Planning, located at City Hall, 43200 Business Park
Drive, Temecula, California 92590.
C. Three written comrnents were received prior to the public hearing and a
response to all the cornrnents rnade therein was prepared, subrnitted to the Planning
Cornrnission and incorporated into the administrative record of the proceedings.
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D. The Planning Cornrnission has reviewed the Mitigated Negative
Declaration and all cornrnents received regarding the Mitigated Negative Declaration
prior to and at the date public hearing, and based on the whole record before it finds
that (1) the Mitigated Negative Declaration was prepared in cornpliance with CEQA; (2)
there is no substantial evidence that the Project will have a significant effect on the
environrnent; and (3) the Mitigated Negative Declaration reflects the independent
judgrnent and analysis of the Planning Cornrnission.
E. Based on the findings set forth in this Resolution, the Planning
Cornrnission hereby adopts the Mitigated Negative Declaration prepared for this project.
Section 4. Conditions. The Planning Cornrnission of the City of Ternecula
approves Planning Application Nos. PA06-0369 and PA07-0090, a Developrnent Plan to
construct a 608,934 square foot, three story industrial distribution building on 32.1
acres, and a Minor Exception to allow for a one percent building height increase, subject
to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated
herein by this reference.
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Section 5. PASSED, APPROVED AND ADOPTED by the City of Ternecula
Planning Cornrnission this 5th day of Septernber 2007.
Dennis Chiniaeff, Chairrnan
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Ternecula Planning Cornrnission, do hereby
certify that the forgoing PC Resolution No. 07-_ was duly and regularly adopted by the
Planning Cornrnission of the City of Ternecula at a regular rneeting thereof held on the 5th
day of Septernber 2007, by the following vote:
AYES:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
ABSENT:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
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EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT PC Reso DP & Minor Exc.doc
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EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA06-0369 and PA07-0090
Project Description:
A Development Plan application to construct a three
story, 608,934 square foot industrial distribution building
for office and warehouse use, a 400 square foot pump
house on 32 acres (Parcel 4 of TTM 35181), and a Minor
Exception to allow for a one percent building height
increase from 50' to 50'8", located on the northwest
corner of Dendy Parkway and Winchester Road
Assessor's Parcel No.
909-370-018; 909-370-032
MSHCP Category:
Per the Development Agreement
DIF Category:
TUMF Category:
Per the Development Agreement
Per the Development Agreement
Approval Date:
September 5, 2007
Expiration Date:
September 5 2009
WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
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 One Thousand Eight
Hundred and Sixty-Four Dollars ($1,864.00) which includes the One Thousand Eight
Hundred Dollar ($1 ,800.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus
the Sixty-Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice
of Determination for the Mitigated Negative Declaration required under Public Resources
Code Section 21152 and California Code of Regulations Section 15075. If within said 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)].
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GENERAL REQUIREMENTS
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT COA PA06-0369.doc
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Planning Department
2. 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.
3. 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.
4. The permittee shall obtain City approval for any modifications or revisions to the approval of
this project.
5. This approval shall be used within two 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-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 30 days prior to
expiration, and for good cause, grant a time extension of up to 3 one-year extensions of
time, one year at a time.
7. A separate building permit shall be required for all signage. (Sign program may be
required).
8. The development of the premises shall substantially conform to the approved site plan and
elevations contained on file with the Planning Department.
9. The Conditions of Approval specified in this resolution, to the extent specific items,
materials, equipment, techniques, finishes or similar matters are specified, shall be deemed
satisfied by staffs prior approval of the use or utilization of an item, material, equipment,
finish or technique that City staff determines to be the substantial equivalent of that required
by the Conditions of Approval. Staff may elect to reject the request to substitute, in which
case the real party in interest may appeal, after payment of the regular cost of an appeal, the
decision to the Planning Commission for its decision.
Material Color
Concrete Tilt-up Panels
ICI 632 Sutton Place
ICI815 Natural White
ICI 606 Song Sparrow
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT COA PA06-0369.doc
3
Parapet
Glazing
ICI815 Natural White
y." Gray
1 O. 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.
11. The applicant shall paint a 3-foot x 3-foot section of the building for Planning Department
inspection, prior to commencing painting of the building.
12. The applicant shall submit to the Planning Department for permanent filing two 8" X 10"
glossy photographic color prints of the approved Color and Materials Board and the colored
architectural elevations. All labels on the Color and Materials Board and Elevations shall be
readable on the photographic prints.
13. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These
shall be clearly labeled on site plan.
Public Works Department
14. 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.
15. 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.
16. 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.
17. The project shall include construction-phase pollution prevention controls and permanent
post-construction water quality protection measures into the design of the project to prevent
non-permitted runoff from discharging offsite or entering any storm drain system or receiving
water.
18. A Water Quality Management Plan (WQMP) must be accepted by the City prior to the initial
grading plan check. The WQMP will be prepared by a registered Civil Engineer and include
site design BMPs (Best Management Practices), source controls, and treatment
mechanisms.
19. The provisions for the design, improvement, lot configuration, public facility financing and the
following Conditions of Approval are predicated on the approval and full execution of a
Development Agreement between Temecula Properties, LLC and the City on or about
September 25, 2007.
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Building and Safety Department
20. The code analysis shall be printed on the plans along with the letter from the Director of
Building and Safety, dated September 12, 2006.
21. All design components shall comply with applicable provisions of the 2001 edition of the
California Building, Plumbing and Mechanical Codes; 2004 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, if applicable to the project, 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 and Safety Department to ensure the payment or exemption from School
Mitigation Fees.
25. Obtain all building plans and permit approvals prior to commencement of any construction
work.
26. Show all building setbacks.
27. Developments with Multi-tenant Buildings or Shell Buildings shall provide a house electrical
meter to provide power for the operation of exterior lighting, irrigation pedestals and fire
alarm systems for each building on the site. Developments with Single User Buildings shall
clearly show on the plans the location of a dedicated panel in place for the purpose of the
operation of exterior lighting and fire alarm systems when a house meter is not specifically
proposed.
28. Provide an approved automatic fire sprinkler system.
29. All building and facilities must comply with applicable disabled access regulations. Provide
all details on plans (California Disabled Access Regulations effective April 1, 1998).
30. Provide disabled access from the public way to the main entrance of the building.
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. Obtain street addressing for all proposed buildings prior to submittal for plan review.
33. 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,
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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
34. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001
edition of the California Building Code Appendix 29.
35. Provide electrical plan including load calculations and panel schedule, plumbing schematic
and mechanical plan applicable to scope of work for plan review.
36. Truss calculations that are stamped by the engineer of record and the truss manufacturer
engineer are required for plan review submittal.
37. Provide precise grading plan at plan check submittal to check accessibility for persons with
disabilities.
38. Please be advised of the shell building/complete building policy in the City of Temecula
when preparing plans for submittals. It is our recommendation that buildings with a known
tenant or occupant be submitted as a complete building.
39. Buildings shall provide a house electrical meter to provide for operation of exterior lighting,
irrigation pedestals, and fire alarm systems for each building on the site.
40. A pre-construction meeting is required with the building inspector prior to the start of the
building construction.
Fire Prevention Bureau
41. 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.
42. 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 4,000 GPM at
20 PSI residual operating pressure for a 4-hour duration. The Fire Flow as given above has
taken into account all information as provided (CFC 903.2, Appendix III-A).
43. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III-B, Table A-III-B-1. A combination of on-site and off-site (6" x 4" x 2-2 1/2"
outlets) on a looped system shall be located on fire access roads and adjacent to public
streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be
located no more than 210 feet from any point on the street or Fire Department access
road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent
hydrant(s) in the system (CFC 903.2, 903.4.2, and Appendix III-B).
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44. 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).
Community Services Department
45. 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.
46. The Applicant shall comply with the Public Art Ordinance.
47. All parkways, entry way median, landscaping, walls, fencing and on site lighting shall be
maintained by the property owner or maintenance association.
48. The developer shall contact the City's franchised solid waste hauler to verify Trash
compactor specifications and servicing requirements prior to purchase and installation of any
equipment.
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PRIOR TO ISSUANCE OF GRADING PERMITS
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Planning Department
49. 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.
50. Double detector check valves shall be either installed underground or internal to the project
site at locations not visible from the public right-of-way, subject to review and approval by the
Director of Planning.
51. The recommendations contained in soils report(s), geotechnical report, and slope stability
report shall be implemented.
52. The Applicant shall submilto the Public Works Department an erosion control plan prepared
in accordance with City requirements.
53. 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
discovery 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."
54. The project proponent shall enter into a Treatment Agreement with the Pechanga Band of
Luiseno Indians. This agreement will address the treatment and disposition of cultural
resources and human remains that may be uncovered during construction as well as
provisions for tribal monitors.
55. Tribal monitors from the Pechanga Band of Luiseno Indians shall be allowed to monitor all
grading, excavation and ground-breaking activities, including further surveys, to be
compensated by the project proponent. The Pechanga Tribal monitors shall have the
authority to temporarily stop and redirect grading activities to evaluate the significance of any
archaeological resources discovered on the property, in conjunction with the archeologist
and the Lead Agency.
56. A qualified archaeologist monitor shall be present during all earthmoving activities. The
monitor shall be empowered to temporarily halt or redirect construction work in the vicinity of
the find until it can be evaluated by the project archaeologist in conjunction with the
Pechanga Tribe. In the event of a new find, further testing, excavation, and/or reporting may
be required.
57. If cultural resources are discovered during the project construction (inadvertent discoveries),
all work in the area ofthe find shall cease, and a qualified archaeologist and representatives
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of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and
make recommendations as to treatment and mitigation.
58. If human remains are encountered, all activity shall cease and the County Coroner must be
notified immediately. State Health and Safety Code Section 7050.5 state that no further
disturbance shall occur until the County Coroner has made a determination of the origin and
until treatment pursuant to Public Resources Code Section 5097.98 has been decided. The
Coroner shall determine if the remains are prehistoric, and shall notify the State Native
American Heritage Commission (NAHC) if applicable. Further actions shall be determined
pursuant to California Public Resources Code Section 5097.98.
59. The landowner shall agree to relinquish ownership of all cultural resources, including all
Luiseno sacred items, burial goods and all archeological artifacts that are found on the
project site to the Pechanga Band of Luiseno Indians for proper treatment and disposition.
60. All sacred sites within the project area are to be avoided and preserved.
61. The %-acre of cultural site CA-RIV 237 located in the northeast corner of Planning
Application PA06-0370 shall be preserved in Open Space and recorded with the County
Recorder of Riverside County as a conservation easement for preservation purposed in
perpetuity. The %-acre of CA-RIV 237 shall not be subject to development, archeological
testing or ground-disturbing activities.
62. Cultural Resources Sensitivity Training (a 15-minute presentation) should be required for all
project personnel.
63. All impacts to the sandstone and fanglomerate members of the Pauba Formation should be
monitored full time at the beginning of grading. A trained paleontological monitor shall be
present during ground disturbing activities within the project area determined likely to contain
paleontological resources. Monitoring will be adjusted to spot checking if initial monitoring
shows negative results.
64. Upon encountering any significant fossils, salvage of all fossils in the area will be conducted
with additional field staff and in accordance with modern paleontological techniques.
65. Any significant fossils recovered shall be prepared to a reasonable point of identification.
Excess sediment or matrix will be removed from the specimens to reduce the bulk and cost
of storage. Itemized catalogs of all material collected and identified shall be provided to the
museum repository along with the specimens.
66. A report documenting the results of the monitoring and any salvage activities and the
significance of the fossils shall be prepared.
67. Any significant fossils recovered, along with the itemized inventory of the specimens, shall
be deposited in a museum repository for permanent curation and storage.
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Public Works Department
68. 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.
69. 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.
70. 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.
71. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist
and submitted to the Department of Public Works with the initial grading plan check. The
report shall address special study zones and identify any geotechnical hazards for the site
including location of faults, slope stability and potential for liquefaction. The report shall
include recommendations to mitigate the impact of ground shaking and liquefaction.
a. Based on geologic relationships and observations, the site lacks evidence to support
the existence/presence of Holocene faulting (i.e. broken soil horizon or shear
planes). The building site area is not traversed by an active fault that would affect
the stability of the cut slope proposed or the building structure. A certified
engineering geologist shall perform regular field reconnaissance during site
earthwork construction. This field mapping is intended to further evaluate site
conditions and limit the possibility that adverse conditions will be exposed that could
affect site stability.
72. 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.
73. Construction-phase pollution prevention controls shall be consistent with the City's Grading,
Erosion and Sediment Control Ordinance and associated technical manual, and the City's
standard notes for Erosion and Sediment Control.
74. The project shall demonstrate coverage under the State NPDES General Permit for
Construction Activities by providing a copy of the Waste Discharge Identification number
(WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater
Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of
construction activities.
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75. 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
76. 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.
77. Permanent landscape and irrigation plans shall be submitted to the Planning Department
and the Department of Public Works for review and approval.
78. The applicant shall comply with the provisions of Chapter 8.24 of the T emecula 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.
79. 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.
80. 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.
Fire Prevention Bureau
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 required (CFC 903.2).
82. Minimum outside turning shall be forty-five (45) feet for commercial buildings.
83. 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).
84. 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).
85. The gradient for a fire apparatus access road shall not exceed fifteen (15) percent (CFC
902.2.2.6 Ord. 99-14).
86. Prior to building construction, dead end road ways and streets in excess of one hundred and
fifty (150) feet which have not been completed shall have a turnaround capable of
accommodating fire apparatus (CFC 902.2.2.4).
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87. 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).
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PRIOR TO ISSUANCE OF BUILDING PERMIT
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Planning Department
88. The applicant shall submit a photometric plan, including the parking lot 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.
89. Lighting within the proposed project adjacent to preserved habitat shall be of the lowest
illumination allowed for human safety and selectively placed, shielded, and directed away
from preserved habitat.
90. All downspouts shall be internalized on the office portion ofthe building. All downspouts for
the warehouse/distribution portion of the building shall be painted the same color as the
exterior of the building.
91. Three 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 a minimum five foot wide planter to be installed at the perimeter of all
parking areas. Curbs, walkways, etc. are not to infringe on this area.
c. A note on the plans stating that "Two landscape inspections are required: one
inspection is required for irrigation lines and a separate inspection is required for
final planting inspection."
d. A note on the plans stating that "The contractor shall provide two copies of an
agronomic soils report at the first irrigation inspection."
e. One copy of the approved grading plan.
t. Water usage calculations per Chapter 17.32 of the Development Code (Water
Efficient Ordinance).
g. Total cost estimate of plantings and irrigation (in accordance with approved plan).
h. The locations of all existing trees that will be saved consistent with the tentative map.
i. 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.
j. Specifications shall indicate that a minimum of two landscape site inspections will be
required. One inspection to verify that the irrigation mainline is capable of being
pressurized to 150 psi for a minimum period of two (2) hours without loss of
pressure. The second inspection will verify that all irrigation systems have head-to-
head coverage, and to verify that all plantings have been installed consistent with the
approved construction landscape plans. The applicant/owner shall contact the
Planning Department to schedule inspections.
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92. Plants selected for slope landscaping shall be light-weight, deep rooted type vegetations that
require little water and are capable of surviving with little irrigation.
93. Landscape plans shall be prepared for all slopes created by the grading and fill of the site
consistent with "Slope Planting Guidelines" and the Development Code, and shall provide
erosion control on undeveloped portions of the site.
94. Landscape plans for Parcel 4 shall include the off-site slopes created by the development of
Parcel 4 (including but not limited to the slopes proposed within Parcel 2 and the detention
basin proposed within Parcel 1). All landscaping shall be installed and maintained in
satisfactory condition by the property owner.
95. If deemed necessary by the Director of Planning, the applicant shall provide additional
landscaping to effectively screen various components of the project (including but not limited
to walls and parking areas).
96. All utilities shall be screened from publiC view. Landscape construction drawings shall show
and label all utilities and provide appropriate screening. Provide a three foot 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.
97. All rooftop mechanical equipment shall be screened, or the views minimized, from all
existing and future public right-of-ways.
98. Building Construction Plans shall include detailed outdoor areas (including but not limited to
trellises, decorative furniture, fountains, and hardscape) to match the style of the building
subject to the approval of the Planning Director.
99. Building plans shall indicate that all roof hatches shall be painted "International Orange."
100. The construction plans shall indicate the application of painted rooftop addressing plotted on
a nine-inch grid pattern with 45-inch tall numerals spaced nine inches apart. The numerals
shall be painted with a standard nine-inch paint roller using fluorescent yellow paint applied
over a contrasting background. The address shall be oriented to the street and placed as
closely as possible to the edge of the building closest to the street.
Public Works Department
101. Improvement plans and/or precise grading plans shall conform to applicable City of
T emecula 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 T emecula Standard No. 207 A.
c. Street lights shall be installed along the publiC streets adjoining the site in
accordance with City Standard No. 800, 801, 802 and 803.
d. Concrete sidewalks and ramps shall be constructed along public street frontages in
accordance with City of Temecula Standard Nos. 400. 401 and 402.
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e. Improvement plans shall extend 300 feet beyond the project boundaries.
f. Minimum centerline radii shall be in accordance with City of Temecula's Standard
No. 113.
g. All street and driveway centerline intersections shall be at 90 degrees.
h. Public Street improvement plans shall include plan and profile showing existing
topography, utilities, proposed centerline, top of curb and flowline grades.
i. 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.
102. 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. Winchester Road (Major Arterial Standards - 100' R/W) between Dendy Parkway
and the southern project boundary plus transition to include dedication of half-width
street right-of-way, installation of half-width street improvements, paving, curb and
gutter, sidewalk, painted median, street lights, drainage facilities, signing and striping
and utilities (including but not limited to water and sewer).
b. Dendy Parkway (Major Arterial Standards - 100' R/W) between Winchester Road
and the eastern project boundary plus transition to include dedication of half-width
street right-of-way, installation of half-width street improvements, paving, curb and
gutter, sidewalk, painted median, street lights, drainage facilities, signing and striping
and utilities (including but not limited to water and sewer).
c. Remington Avenue (Industrial Collector Highway Standards - 78' R/W) to include
dedication of full width street right-of-way, installation of full width street
improvements, curb and gutter, sidewalk, painted median, street lights, drainage
facilities, signing and striping, utilities (including but not limited to water and sewer).
d. Remington Avenue and Winchester Road intersection to include a stop control on
the eastbound leg of Remington Avenue for an all-way stop controlled intersection
and a striped 200-foot northbound left turn pocket. In addition, secure with a cash
deposit to include a year 2009 traffic analysis to determine traffic signal warrants and
a fair share contribution for the design and installation of a traffic signal.
e. Cherry Street (Major Arterial-100' R/W)
i. Dedication of half-width street right-of-way
103. All street improvement design shall provide adequate right-of-way and pavement transitions
per Caltrans' standards for transition to existing street sections.
104. The Developer shall construct the following 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: pavement, curb and
gutter, medians, sidewalks, drive approaches, street lights, signing and striping.
b. Storm drain facilities.
c. Sewer and domestic water systems.
d. Under grounding of proposed utility distribution lines.
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105. 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.
106. All access rights, easements for sidewalks for public uses shall be submitted and reviewed
by the Director of the Department of Public Works and City Attorney and approved by City
Council for dedication to the City where sidewalks meander through private property.
107. 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.
108. 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.
109. 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.
Building and Safety Department
110. Provide appropriate stamp of a registered professional with original signature on plans prior
to permit issuance.
Fire Prevention Bureau
111. The developer shall furnish three copies of the water system plans directly 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).
112. 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).
113. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three
sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention
Bureau.
114. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. The alarm
system requires a dedicated circuit from the house panel. Three sets of alarm plans must be
submitted by the installing contractor to the Fire Prevention Bureau.
115. Fuel modification plans shall be submitted to the Fire Prevention Bureau for review and
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT COA PA06-0369.doc
18
approval for all open space areas adjacent to the wildland-vegetation interface (CFC
Appendix II-A).
116. Plans for structural protection from vegetation fires shall be submitted to the Fire Prevention
Bureau for review and approval. The measures shall include, but are not limited to,
enclosing eaves, noncombustible barriers (cement or block walls), and fuel modification
zones (CFC Appendix II-A).
Community Services Department
117. 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.
118. The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction debris.
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT COA PA06-0369.doc
19
PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY
THIS PERMIT
G:\Planning\2006\PA06-0369 PHS Development Plan\Plannlng\PC\DRAFT COA PA06-0369.doc
20
Planning Department
119. If deemed necessary by the Director of Planning, the applicant shall provide additional
landscaping to effectively screen various components of the project.
120. 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 the adjacent residences and 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 by constructing a sloping tile covered mansard roof
element or other screening if reviewed and approved by the Director of Planning.
121. 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.
122. 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.
123. 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."
124. 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
three square feet in size.
125. 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.
126. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT COA PA06-0369.doc
21
Public Works Department
127. The project shall demonstrate that the pollution prevention BMPs outlined in the WQMP
have been constructed and installed in conformance with approved plans and are ready for
immediate implementation.
128. 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
129. All public improvements, including traffic signals, shall be constructed and completed per the
approved plans and City standards to the satisfaction of the Director of the Department of
Public Works.
130. 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 Prevention Bureau
131. "Blue Reflective Markers" shall be installed to identify fire hydrant locations (CFC 901.4.3).
132. 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 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 (CFC 901.4.4).
133. Based on square footage and type of construction, occupancy or use, the developer shall
install a fire sprinkler system (CFC Article 10, CBC Chapter 9).
134. 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).
135. 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 main entrance door (CFC 902.4).
136. 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).
137. 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.
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT COA PA06-0369.doc
22
138. Buildings housing high-piled combustible stock shall comply with the provisions of Uniform
Fire Code Article 81 and all applicable National Fire Protection Association standards. The
storage of high-piled combustible stock may require structural design considerations or
modifications to the building. Fire protection and life safety features may include some or all
of the following: an automatic fire sprinkler system(s) designed for a specific commodity
class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains,
Fire Department access doors and Fire department access roads (CFC Article 81).
139. Prior to the building final, speculative buildings capable of housing high-piled combustible
stock, shall be designed with the following fire protection and life safety features: an
automatic fire sprinkler system(s) designed for a specific commodity class and storage
arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department
access doors and Fire department access roads. Buildings housing high-piled combustible
stock shall comply with the provisions California Fire Code Article 81 and all applicable
National Fire Protection Association standards (CFC Article 81).
140. The developer/applicant shall be responsible for obtaining underground and/or aboveground
tank permits for the storage of combustible liquids, flammable liquids or any other hazardous
materials from both the County Health department and Fire Prevention Bureau (CFC 7901.3
and 8001.3).
141. 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.
142. The applicant shall submit for review and approval by the Riverside County Department of
Environmental Health and City Fire Department an update to the Hazardous Material
Inventory Statement and Fire Department Technical Report on file at the City; should any
quantities used or stored onsite increase or should changes to operation introduce any
additional hazardous material not listed in existing reports (CFC Appendix II-E).
143. 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 a ESRI Arclnfo/ArcView compatible format and projected in
a State Plane NAD 83 (California Zone VI ) coordinate system. The Bureau must accept the
data as to completeness, accuracy and format prior to satisfaction of this condition.
144. 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).
G:\Plannlng\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT COA PA06-0369.doc
23
OUTSIDE AGENCIES
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT COA PA06-0369.doc
24
145. The applicant shall comply with the recommendations set forth in the Department of
Environmental Health transmittal dated January 17, 2007, a copy of which is attached.
146. The applicant shall comply with the recommendation set forth in the Rancho Water District's
transmittal dated December 27,2006, a copy of which is attached.
147. The applicant shall comply with the recommendations set forth in the Eastern Information
Center's transmittal dated December 19, 2006, a copy of which is attached.
148. The applicant shall comply with the recommendations set forth in the Pechanga Cultural
Resources comment letter dated December 22, 2006, a copy of which is attached.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in conformance
with these Conditions of Approval and that any changes I may wish to make to the project shall be
subject to Community Development Department approval.
Applicant's Signature
Date
Applicant's Printed Name
G:\Planning\2006\PA06-0369 PHS Development Plan\Planning\PC\DRAFT COA PA06-0369.doc
25
~ DE~AIirMENTIOFIENvlRONMENTALGHEAtTH
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January 17,2007
City of Temecula Planning Department
P.O. Box 9033
Temecula, CA 92589-9033
Attention: DanaSchuma
RE: Development Plan No. P A06-0369
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Dear Ms. Schuma:
Department of Environmental Health has reviewed the development plan to construct a three story,
615, 050 square foot tilt-up industrial building for office and warehouse used and 400 square foot
pump house on 36.2 acres. The project is located on the northwest comer of Dendy Parkway and
Winchester Road. The site plan does indicate if either water and sewer services exist, we assume that
these services are in and are available.
1. PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING
SHOULD BE REQUIRED:
a) ''Will-serve'' letters from the appropriate water district.
b) If there are to be any food establishments, (including vending machines), three complete
sets of plans for each food establishment will be submitted including a fixture schedule,
a fInish schedule and a plumbing schedule in order to ensure compliance with the
California Uniform Retail Food Facilities Law 2. For specifIc reference, contact Food
Facility Plan Examiners at (951) 461.0284.
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Sin;e/b I ~
saW~, Supervising
(951) 955-8980
NOTE: Any current additional .."''1....:..._~.mts not covered. can be applicable at time of Building Plan review for final Der................~ of
E......:....................~ Health clearance.
Local Enforcement Agency. P.O. Box 1280, Riverside, CA 92502-1280 . (909) 955-8982 . FAX (90g) 781-9653 . 4080 Lemon Street, 9th Floor, Riverside, CA 92501
Land Use and Water Engineering. P.O. Box 1206, Riverside, CA 92502-1206 . {909} 955c8980 . FAX (909) 955-8903 0 4080 Lemon Street, 2nd Floor, Riverside, CA 92501
/
@
Bancho
Water
Board ofDireetors
Ben R. Drake
President
Stephen J. Corona
Sr. Vice President
Ralph H. Daily
Lisa D. Herman
John E. Hoagland
Michael R. McMillan
William E. Plummer
Officers:
Brian J. Brady
General Manager
Phillip L Forbes
AssiStant General Manager /
Chief Financial Officer
E. P. "Bob" Lemons
Director of Engineering
Perry R. Louck
Director of Planning
JeffD. Armstrong
Controller
KeUi E. Garcia
DistrictSecretal'y
C. Michael Cowett
Best Best & Krieger LLP
General Counsel
,- ~."'
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December 27,2006
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Dana Schuma, Project Planner
City of Temecula
Planning Department
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-9033
SUBJECT: WATER AND SEWER AVAILABILITY
PROFESSIONAL HOSPITAL SUPPLY
PARCEL NO. 4 T~NTATIVE PARCEL MAP NO. 35181
APN 909-370-018 AND APN 909-370-032
CITY PROJECT NO. P A06-0369, P A06-0370
[TEMECULA PROPERTIES, LLC]
Dear Ms. Schuma:
Please be advised that the above-referenced property is located within the
boundaries of Rancho California Water District (RCWD), and fronts an existing
12-inch diameter water pipeline, and 8-inch diameter sewer pipeline. Water and
sewer service, therefore, would be available upon the completion of financial
arrangements, between RCWD and the property owner.
If new facilities are required for fire protection or other, the customer will need to
contact RCWD for fees and requirements.
In addition, water availability is contingent upon the property owner signing an
Agency Agreement that assigns water management rights, if any, to RCWD.
If you should have any questions, please contact an Engineering Services
Representative at this office.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
~1JPl
Corey F. Wallace, P.E.
Development Engineering Manager
cc: Laurie Williams, Engineering Services Supe.rvisor
06lCW:at135\FEG
Rancho California Water District
42135WinchesterRoad . Post Office Box 9017 . Temccu\a, California 92589-9017 . (951)296-6900. FAX(951)296-6860
www.ranchowater.com
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EASTERN INFORMATION CENTER
CALIFORNIA HISTORICAL ~ESOURCES INFORMATION SYSTEM
Department of Anthropology, University of California, Riverside, CA 92521-0418
(951) 827-5745 - Fax (951) 827-5409 - eickw@ucr.edu
Inyo, Mono, and Riverside Counties
December 19, 2006
TO: Dana Schuma
City of Temecula Planning Department
RE: Cultural Resource Review
Case: PA 06-0369/DP/PHS and PA 06-0370jTPMjPHS
Records at the Eastern Information Center of the California Historical Resources Information System have
been reviewed to determine if this project would adversely affect prehistoric or historic cultural resources:
The proposed project area has not been surveyed for cultural resources and contains or is adjacent to known
cultural resource(s). A Phase I study is recommended.
Based upon existing data the proposed project area has the potential for containing cultural resources. A Phase
i study is recommended.
~ Phase I cultural resource studies (RI-3279, 4258, and 6280) identified one or more cultural resources.
The project area contains, or has the possibility of containing, cultural resources. However, due to the nature
of the project or prior data recovery studies, an adverse effect on cultural resources is not anticipated. Further
study is not recommended. .
A Phase I cultural resource study (RI-
recommended.
) identified no cultural resources. Further study is not
There is a low probability of cultural resources. Further study is not recommended.
If, during construction, cultural resources are encountered, work should be halted or diverted in the immediate
area while a qualified archaeologist evaluates the finds and makes recommendations.
Due to the archaeological sensitivity of the area, earthmoving during construction should be monitored by a
professional archaeologist.
~ The submission of a cultural resource management report is recommended follOWing guidelines for
Archaeological Resource Management Reports prepared by the California Office of Historic Preservation,
Preservation Planning Bulletin 4(a), December 1989.
_ Phase I
A Phase II
A Phase III
Phase IV
Records search and field survey
Testing [Evaluate resource significance; propose mitigation measures for "significant" sites.]
Mitigation [Data recovery by excavation, preservation in place. or a combination of the two.]
Monitor earthmoving activities
COMMENTS:
The project area has been generally examined in the course of several previous studies (RI-1121, 3279,
4258, and 6280), resulting in the recordation of three archaeological sites (CA-RIV-0237, -4786, and -
4986) and identification of possibly a fourth cultural resources property (not formally recorded [RI-6280]).
It is recommended that the four sites be re-Iocated, their condition assessed, and a plan deveioped as
necessary to evaluate the potential significance of these cultural resources.
If you have any questions, please contact us.
Eastern Information Center
PECHANGA CULTURALRESOURC.ES
Temecula Band qf Luiseiio A1ission Indians
Chairperson:
Germaine Arenas
ViC:cChairpcrso~;
MaryBcar Magee
Post Qffice. Box 2183. Temccula, CA92593
Telephone (95l) 308-9295 . Fa.'< (951)50&.9491
Committec.Mcll1bcrs:
Raymond Ba~qll(:z. Sr.
Evic Gerber
Darlene -Miranda
Bridgett Barcello Maxwell
December 22, 2006
Director:
Gary DuBois
Coordinator:
Paul Macarro
SENT VIAFACSIMILE AND E~MAIL
CulturnlAoaiyst:
Stephanie Gordin
Dana Schuma, Project Planner
City ofTemecula
Planning Department
PO Box 9033
Temecula, CA 92589-9033
MOIJ!tQr Sup_crvisor.
AurClia Manuffo
Re: Comments on PA06-0361)/PA06-0370
Dear Ms. Schuma:
This comment letter is submitted by the Pechanga Band of Luisefio Indians (hereinafter,
"Pechanga Tribe"), a federally recognized lndiantribea)id sovereign govern!"l1ent. We request that
this letter and all of the Tribe's comments be part of the official record fOr the approval of tbis
Project. We also request that the City of TeIllecu]a provide us. With copies of all atcheological
studies, reports, site records, proposed testing plans, and proposed miti~tion measures, and
conditions as soon as they becomeavai)aP!e. We are also requesting thatthe Tribe be on them;liling
list for this Project so that we receive all notices, public documents, and hearing noticespertairiing to
this Project.
The Pechanga Tribei~ req\lestingtQ be constilted,wlth.on the above- HstedProjects, and we
have been attempting to get moreinrOnilation from the City Planlierso that.we can provide written
comments, but have received no. re$pon~e. At this time the tribe understands that the PrQjects still
will go through an environmental. review process. As Stl9h, the Tribe is requesullgpUl"$Uant tc
921083.1 of the. Public ResourGes Code to be involved in this process, incll1dingreql1estingn.otice of
all comment periods andpublicheadngs. If these Projeots will 110t be subject to CEQA, either
pursuant to a CEQA Exemption or for some other reason, the Tribe requests to meet with the City
regarding our Goncems prior to any grading permits being granted forthese Projects.
PROJECT IMPACTS 1'0 CULTURALRESOl1.'RCES
As the City is aware, there isa significant archeological and cultural viHage, knoWliprimarily
as CA-RIV 237, located on the Project property. This site is known to contain saored items and
Native American human remains and has been designated With an avoidance status by the City on
previous projects. Previous developers have also agreed to leave certain areas of the village
preserved in open space. There are also other details concemingthe resources that the City needs to
be aware of prior to proceeding with any Project approval for this geographic area. The Tribe
Sacred Is The Duty Trusted Unto Our Care And With Honor WeRise To The Need
Pechanga Letter dated 12/22/2006, to City ofTemecula
Re: Comments on PA06-0369/PA06-0370
Page 2
fonnally requests to meet with the City concerning these issues prior to these Projects receiving any
approvals.
The Pechanga Tribe is not opposed to this development project. The Pechanga Tribe?s
primary concerns stem from the project's likely impacts on Native American cultural resources. The
Pechanga Tribe is concerned about both the protection of unique and irreplaceable cultural resources,
such as Luiseiio village sites and archaeological items which may be displaced by ground-disturbing
work on the project, and on the proper and lawful treatment of cultural items, Native American
human remains and sacred items that may be discovered in the course of the work.
The Pechanga Tribe has a legal and cultural interest in the proper protection of sacred places
and all Luiseno cultural resources that are located on these Project properties. Given that Luiseiio
cultural resources may be affected by the Project, the Pechanga Tribe is formally requesting to be
involved and participate with the Lead Agency and the Project Applicant in developing all
monitoring and mitigation plans for the duration of the Project. Further, given the potential for
archaeological resources within the Project area, it is the position of the Pechanga Tribe that
Pechanga tribal monitors should be required to be present during all ground-disturbing activities if
such activities are conducted in native soils that have previously not been subject to mass grading,
including any archeological testing performed. It is further the position of the Pechanga Tribe that an
Agreement regarding appropriate treatment of cultural resources be drafted and entered into by and
between the Project Applicant and the Pechanga Tribe. This Agreement will also address inadvertent
discoveries and the issues with regard to the existing resources on the Project property. The
Pechanga Tribe also requests that all existing sacred sites on the Project property be preserved.
The Pechanga Tribe believes that if human remains are discovered, State law would apply
and the mitigation measures for the pennit must account for this. According to the California Public
Resources Code, ~5097.98, if Native American human remains are discovered, the Native American
Heritage commission must name a "most likely descendant," who shall be consulted as to the
appropriate disposition of the remains. Given the Project's location in Pechanga territory, the
Pechanga Tribe intends to assert its right pursuant to California law with regard to any remains or
items discovered in the course of this project. The Agreement mentioned above would also address
Native American human remains as well.
Lastly, in the case of discovery of new or additional sites or resources, the Pechanga Tribe
requests that all new sacred sites be preserved, and that the Lead Agency commit to re-evaluating the
Project impacts to cultural resources and adopting appropriate mitigation measures to address such
inadvertent discoveries. The Pechanga Tribe intends to assert its legal rights with respect to
additional finds of significant sites or cultural resources which are. of sacred and ceremonial
significance to the Pechanga Tribe.
The Pechanga Tribe looks forward to working together with the City of Temecula Planning
Department and other interested agencies in protecting the invaluable Luiseiio cultural resources
Pechallga Cultural Resources. Temecu/a Band of LuiseHo Missiol1lndialts
PostO.ljiceBox 2/83' Temeculo, CA 92592
Sacred Is The Duly Trusted Unto Our Care And With Honor We Rise To The Need
Pechanga Letter dated 12/22/2006, to City ofTemecula
Re: Comments on P A06-0369/P A06-0370
Page 3
fonnd in the Project area. If you have any questions, please do not hesitate to contact me at (951)
308.9295.
Please contact me as soon as possible to set up a meeting time concerning the Tribe's issues.
Thank yon for the opportunity to submit these comments.
Sincerely,
~~
Dale Foster
Cultural Analyst
Cc; Debbie Ubnoske, City Planning Director
David Hogan, CityPlanningDepartJnent
Pechanga Legal DepartJnent
Peclzanga Cultural Resources' Temecula Baud of Luisefio Affssionll1diaJ1s
Post CJffice Box 2183' Temecllla, CA 92592
Sacred L, The Duty Trusted Unto Gur Care And With Honor We Rise To The Need
ATTACHMENT NO.7
INITIAL STUDY
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\PC\PC STAFF REPORT. doc
19
City of Temecula
Planning Department
Notice of Proposed Negative Declaration
PROJECT:
A Development Agreement (PA07-0220), General Plan Amendment (PA07-
0048), Tentative Tract Map No. 35181 (PA06-0370), and Development Plan
(PA06-0369) with a Minor Exception (PA07-0090)
APPLICANT:
Temecula Properties, LLC
LOCATION:
Located at the northwest corner of Dendy Parkway and Winchester Road
DESCRIPTION:
A Development Agreement, General Plan Amendment, Tentative Tract Map,
and Development Plan with a Minor Exception for a 608,934 square foot
industrial building on 32 acres, and for the future development of the remaining
52 acres to include industrial,commercial, retail., high-density re$idential, and/or
public institutional facility land uses
The City of Temecula intends to adopt a Negative Declaration for the project described above. Based
upon the information contained in the attached Initial Environmental Study and pursuant to the
requirements of the California Environmental Quality Act (CEQA); it has been determined that this
project as proposed, revised or mitigated will not have a significant impact upon the environment. As
a result, the Director of Planning intends to adopt a Negative Declaration for this project.
The mitigation measures required to reduce or mitigate the impacts of this project on the environment
are included in the project design and/or the Mitigation Monitoring Program which is attached to this
Notice and will be included as part of the Negative Declaration for this project.
The Comment Period for this proposed Negative Declaration is August 4, 2007 to September 3, 2007.
Written comments and responses to this notice should be addressed to the contact person listed
below at the following address: City of Temecula, P.O. Box 9033, Temecula, CA 92589-9033. City
Hall is located at 43200 Business Park Drive.
The public notice of the intent to adopt this Negative Declaration is provided through:
The Local Newspaper if
Posting the Site if
Notice to Adjacent Property Owners
If you have any questions rycerning this project, please contact Dana Schuma at (951) 694-6400.
Prepared by: t4( J Ii~. .' Dana Schuma. Associate Planner
(Signature) (Title)
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\CEQA\NOI.doc
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City of Temecula
P.O. Box 9033, Temecula, CA 92589-9033
Project Title
Lead Agency Name and Address
Contact Person and Phone Number
Project Location
Project Sponsor's Name and Address
General Plan DesiQnation
ZoninQ
Description of Project
Environmental Checklist
Development Agreement between Professional Hospital Supply
(PHS), the Garrett Group, and the City of Temecula, a Generai Plan
Amendment, a Tentative Tract Map, and a Development Pian
City of T emecula
P.O. Box 9033, Temecuia, CA 92589-9033
Dana Schuma, Associate Planner
(951) 694-6400
Generally located at the northwest corner of Winchester Road and
Dendy Parkway in the City of Temecula, County of Riverside,
California
The Garrett Group
One BetterWorld Circle
Temecula, CA. 92590
Industrial Park (IP)
LiQht Industrial (L1)
Temecula Properties LLC is applying to the City of Temecula for a
Development Agreement (PA07-0220) and General Plan Amendment
(PA07-0048), which will authorize the development of an
approximate 84 acre property generally located at the northwest
corner of Winchester Road and Dendy Parkway in the City of
Temecula. A Tentative Tract Map (TTM 35181, PA06-0370) will
subdivide the approximate 84 acre site into four developable parcels
and one 16-acre easement parcel for slope and drainage purposes.
A future Specific Plan will define the anticipated land uses and
development standards for three of the four developable parcels.
The Specific Plan will accommodate for future industrial, commercial,
retail, high-density residential, and/or public institutional facility land
uses on the three parcels totaling approximately 45 acres. A
Development Plan (PA06-0369) for Parcel 4 proposes a new
industrial medical distribution facility for Professional Hospital Supply
(PHS) Corporation on approximately 30 acres. The entire project site
is located in an urbanized area surrounded by industrial and
commercial land uses.
The Development Plan for Parcel 4 will allow PHS to expand their
operations onto this site from another location in the City. The
proposed plan provides for a development of up to 608,934 square
feet of building area. The project will consist of a three-story
industrial building for office and warehouse/distribution use, and a
400 square foot pump house. Primary access to the' proposed
development will be provided via an entrance off of Dendy Parkway,
with secondary access provided via an entrance off of a proposed
extension of Remington Avenue. Parking to accommodate the
proposed development will be accomplished by 399 surface parking
spaces.
The precise site layout, including the appearance of the buildings and
facilities for Parcels 1, 2, and 3 created by TTM 35181 will be
determined at a later date with subsequent entitlement applications.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181 )\Planning\CEQA\lnitial Study - PHS.doc
1
Surrounding Land Uses and Setting
The Development Agreement and General Plan Amendment only
authorize the overall development of these parcels. The future
Specific Plan will specify the exact land uses for each of the parcels.
Development plans for the individual parcels will be subject to a City
develooment review process.
The project site is surrounded by undeveloped property to the north,
east, and west, and industrial development to the south. The
property located directly to the east is the Temecula Redevelopment
Agency's property.
See Attachment B
Other public agencies whose approval None
is required
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G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181 )\Planning\CEQA\lnitial Study - PHS. doc
2
Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one
impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
1-/
1
1-/
1-/
1-/
1-/
1
1
1
1
1-/
I
1
1 Mineral Resources
1 Noise
I Population and Housinq
Public Services
I Recreation
T ransportation/T raffic
Utilities and Service Systems
Mandatory Findinqs of Siqnificance
I None
Aesthetics
Agriculture Resources
Air Quality_
Bioloqical Resources
Cultural Resources
Geoloqy and Soils
1 Hazards and Hazardous Materials
I Hydroloqy and Water Quality
Land Use and Planninq
Determination
(To be completed by the lead agency)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
-/ I find that although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because revisions in the project have been made by or agreed to by the
project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant impact" or "potentially significant
unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in
an earlier document pursuant to applicable legal standards, ,and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL
IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all
potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE
DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to
that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are
imposed upon the proposed project, nothinq further is required.
,.7 V/I),
(;//~/ (/~~
Sig'miture V
? II /jj--
Date
rJ ~A_~ /. fl b ff1 ~
Printed Name
Citv of Temecula
For
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181 )\Planning\CEQA\lnitial Study - PHS.doc
3
1. AESTHETICS. Would the project:
I a.
b.
Issues and Suoqortinq Information Sources
Have a substantial adverse effect on a scenic vista?
Substantially damage scenic resources, including, but not
limited to, trees, rock outcrop pings, and historic buildings
within a state scenic highway?
Substantially degrade the existing visual character or
guality of the site and its surroundings?
Create a new source of substantial light or glare which
would adversely affect day or nighttime views in the
area?
Potentially
Significant
Impact
Potentially
Significant Unless
Mitigation
Incarcorated
-/
Less Than
Significant
Impact
No
Impact
,,'
I c.
d.
-/
-/
Comments:
1.a. Potentially Significant Impact Unless Mitigation Incorporated: The project could potentially affect a
scenic vista. The project site is located within an urbanized area directly adjacent to an open space
hillside. The entire 84 acres is currently undeveloped land. Implementation of the proposed project
would convert a vacant hillside into a mix of development with supporting parking facilities and
landscaping. The location and elevation of the developable parcels as well as the proposed 608,934
square foot building for PHS could potentially block visibility to portions of the hillside; therefore,
impacting public views of the hillside and the open space area.
To address this concern, Section 17.08.070 of the City Development Code provides performance
standards and criteria for the design of commercial/office/industrial buildings within the City, recognizing
that the quality and compatibility of building design directly impacts the health, safety and welfare of the
residents of the community. These performance standards include strategies for minimizing visual
impacts of commercial/office/industrial development through a variety of building design elements. The
project will also be required to comply with the height and landscape standards in the Development
Code. The maximum building height for the LI zone is 50 feet and a minimum 20 percent of the site
shall be landscaped. Quality landscaping has the potential to significantly reduce potential visual
impacts from development. In addition, the General Plan Community Design Element implements
hillside grading and site design requirements that help to preserve the integrity of natural slopes. The
following supplemental measure will be implemented as part of the mitigation monitoring program to
minimize the visual and aesthetic impacts from this project to a less than significant level.
Mitioation
1. To ensure that the scale and character of proposed development along the hillside does not
detract from the natural views, all structures associated with the development shall be designed
in conformance with the General Plan requirements and Development Code standards.
Specifically, the visual mass of the buildings along the hillside shall be reduced through breaks
in the structure, tree plantings, articulation of the fa9ade, and other architectural devices.
1.b. No Impact: The project site has no major scenic resources including trees, rock outcroppings or
historic buildings which exist on the project site. The proposed project is not located on or near a
scenic highway. There will be no impact to any scenic resources from the proposed facility.
1.c. Potentially Significant Impact Unless Mitigation Incorporated: Approximately 54 acres of the
prOject site have been previously graded. The remaining 32 acres of the project site consist of
undeveloped land. In its current undeveloped and unimproved state, the site has low visual quality.
Implementation of the proposed project will alter the visual character of the site through a mix of
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181 )\Planning\CEQA\lnitial Study - PHS.doc
4
development with supporting parking facilities and landscaping. If not well designed, the development
could significantly degrade the existing visual character or quality of the site and its surroundings.
Potential degradation of the existing visual character or quality of the site and its surroundings can be
mitigated to a less than significant level through design measures. Both the mitigation listed under Item
1.a above and the mitigation listed below will reduce future visual impacts.
Mitioation
2. The development shall be designed to minimize detrimental impacts on surrounding properties,
including, but not limited to, visual, noise, air quality and other environmental impacts.
Strategies for minimizing the impacts include protecting any future residential areas adjacent to
industrial and commercial development through screening of circulation areas, loading areas
and trash collection points or other areas that could potentially be disruptive to the character of
the adjacent areas.
1.d. Less than Significant Impact: The business park lighting, and parking lot and street lighting would be
typical of other development in the surrounding area and would not create unusual levels of light and
glare. The proposed project will be developed consistent with the standards established in the City's
Development Code, Section 17.24.050.F which states that, "lighting of outdoor parking areas shall be
designed and maintained in a manner to prevent glare or direct illumination from intruding into...
[adjacent properties]." The proposed project lighting design and landscaping will assist in minimizing
the effects of increased light and glare in that the lighting on the site will be shielded and directed
downward, and landscaping will help to screen exterior building light. Development associated with the
proposed project will also be consistent with Ordinance No. 655 (Ordinance Regulating Light Pollution),
which includes lighting standards to avoid negative impacts on astronomical research at MOunt
Palomar Observatory. The lighting standards of Ordinance No. 655 include provisions for restricting
the light source, light projection, hours of light operation and outdoor displays areas for all projects
within a 45 mile radius of Mount Palomar Observatory. Project consistency with City Ordinance No.
655 will reduce the potential for significant impacts on the Observatory to a less than significant level.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\CEQA\lnitial Study - PHS.doc
5
2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are
significant environmental effects, lead agencies may refer to the California Agricultural Land
Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as
an optional model to use in assessing impacts on agriculture and farmland. Would the project:
a.
Issues and SUDDortinq Information Sources
I Convert Prime Farmland, Unique Farmiand, or Farmland
of Statewide Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency,
to non-aqricultural use?
Conflict with existing zoning for agricultural use, or a
Williamson Act contract?
Involve other changes in the existing environment which,
due to their location or nature, could result in conversion
of Farmland, to non-aqriculturai use?
Potentially
Significant
Impact
Potentially
Significant Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Imoact
if
lb.
if
c.
if
Comments:
2.a-c. No Impact: This property is not considered prime or unique farmland of statewide or local importance
as identified by the State Department of Conservation and the City of Temecula General Plan. The site
is not under a Williamson Act contract nor is it zoned for agricultural uses. In addition, the project will
not involve changes in the existing environment, which would result in the conversion of farmland to
non-agricultural uses. No impact is anticipated as a result of the proposed project.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\CEQA\lnitial Study - PHS. doc
6
3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality
management or air pollution control district may be relied upon to make the following
determinations. Would the project:
I a.
b.
c.
I d.
Ie.
Issues and SUDoortinq Information Sources
Conflict with or obstruct implementation of the applicable
air quality plan?
Violate any air quality standard or contribute substantially
to an existinq or projected air <]uality violation?
Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non-
attainment under an applicable federal or state ambient
air quality standard (including releasing emissions which
exceed Quantitative thresholds for ozone precursors)?
Expose sensitive receptors to substantial pollutant
concentrations?
Create objectionable odors affecting a substantial number I
of people?
Potentially
Significant
Imoact
Potentially
Significant Unless
Mitigation
Incarcorated
No
Imoact
Less Than
Significant
Imoact
./
./
./
./
./
Comments:
3.a. Less than Significant Impact: The project proposes a 608,934 square foot industrial medical supply
warehouse (including 82,476 square feet of office use), and approximately 178,000 square feet of
future commercial retail uses, 31,200 square feet of future office uses, a small percentage of high
density residential, and/or public institutional facilities to be defined and further analyzed in a future
Specific Plan. An Air Quality Impact Analysis Report prepared dated October 20, 2006 was prepared
for the project by Urban Crossroads. The analysis report evaluated the air quality impacts associated
with the proposed 84 acre development.
The project is located in the South Coast Air Basin within the jurisdiction of the South Coast Air Quality
Management District (SCAQMD). The project is therefore subject to the SCAQMD's Air Quality
Management Plan (AQMP). The AQMP establishes thresholds to assist lead agencies in determining
whether construction and/or operation of a project will have significant air quality impacts. The AQMP
contains a comprehensive list of pollution control strategies directed at reducing emissions and
achieving ambient air quality standards. These strategies are developed, in part, based on regional
population, housing, and employment projections in the Regional Comprehensive Plan (RCP) prepared
by the Southern California Association of Governments (SCAG).
With regard to air quality planning, the RCP projections form the basis for the land use and
transportation control portions of the AQMP, and are utilized in the preparation of air quality forecasts
and consistency analysis included in the AQMP. Since the RCP and AQMP strategy is based on
projections from local General Plans, projects proposing a General Plan Amendment (GPA) require a
consistency review with the AQMP.
The City of Temecula General Plan EIR assumed that development would occur on the subject site
consistent with the General Plan land use designation of Industrial Park (IP). The General Plan
designation is implemented through the City's LI (Light Industrial) zoning designation. The General
Plan EIR analyzed the impacts from potential uses in the LI zone. The project proposes a General Plan
Amendment to designate the site as a future Specific Plan Area. The future Specific Plan Area will
accommodate uses anticipated for Parcels 1 through 3, and impacts anticipated from future uses will be
analyzed under the future Specific Plan. The development of Parcel 4 will be consistent with the
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\CEQA\lnitial Study - PHS. doc
7
underlying industrial land use designation used to forecast air quality impacts for the ddvelopment.
Additionally, the General Plan Air Quality Element encourages mixed-use projects, and development
and expansion of businesses while also promoting development of housing affordable to all segments
of the community near job opportunity sites and within mixed use areas to ensure that future land use
patterns and traffic increases are accompanied by measures to improve air quality.
According to the Air Quality Analysis Report, the project will not conflict with or obstruct impiementation
of the applicable Air Quality Management Plan (AQMP) when all available emission reduction
strategies are implemented as effectively as possible. Furthermore, the project will comply with the
provisions of the Air Quality Management Plan (AQMP) and the City's General Plan Air Quality Element
policies and goals. As a result, no adverse impacts are forecast and no mitigation is required.
3.b-c. Potentially Significant Impact Unless Mitigation Incorporated: For project related emissions, the
URBEMIS model was used to forecast emission levels for both short term construction activities and
long term operational activities (Air Quality Impact Analysis Report prepared by Urban Crossroads,
October 20, 2006). The proposed project will result in short-term dust and exhaust emissions during
the project construction phases. Construction related emissions are expected from rough grading,
underground utility construction, paving, building construction, architectural coatings, and construction
workers commuting. Under the assumed worse case construction conditions, in which equipment was
operated on average for eight hours per day, the project will result in emissions that would exceed
regional criteria pollutant thresholds established by the SCAQMD for emissions of Volatile Organic
Compounds (VOC), Nitrogen Oxides (NOx), and Fine Particulate Matter (PM1O). After the
recommended emissions reduction measures are implemented, the short term construction impacts will
not have a significant effect and are therefore not expected to result in a cumulatively significant impact
during short term construction activity.
For long-term operational activity the project will not have a significant air quality impact as defined by
either Localized Significant Threshold or regional daily emission thresholds set forth by the SCAQMD.
Operational related emissions would be expected from vehicle emissions, fugitive dust related to
vehicle travel, combustion emissions associated with natural gas use, landscape maintenance
equipment emissions, and architectural coatings. Since the project is not expected to exceed the
emissions thresholds set forth by the SCAQMD it is assumed that the project and other cumulative
developments will not result in cumulatively significant impact during operational activity.
Local area Carbon Monoxide (CO) concentrations were projected using the CALlNE-4 air quality
model. Ambient CO concentrations w~re combined with CO concentrations generated by vehicle traffic
at individual intersections to determine total intersection CO contributions from the proposed project.
The intersections with the highest potential for CO hotspot formation were selected for analysis based
on Level of Service (LOS), high project-related traffic volumes (available from the Traffic Impact
Analysis Report prepared by Urban Crossroads, October 20, 2006), and the proximity of this traffic to
sensitive receptors. The intersections analyzed for CO concentration at project buildout were Diaz
Road (NS) at Winchester Road (EW), Enterprise Circle (NS) at Winchester Road (EW), and Jefferson
Avenue (NS) at Winchester (EW). Based on the impact analysis, none of these locations are projected
to experience CO levels in excess of the allowable concentration of 20.0 ppm. Since significant
impacts would not occur at intersections with the highest potential for CO hotspot formation, no
significant impacts are anticipated to occur at any other locations in the project vicinity as a result of the
proposed project (Air Quality Impact Analysis Report, 2006, page 4-19).
Based on the analysis, the proposed project may potentially violate an air quality standard or contribute
substantially to an existing or projected air quality violation and result in a cumulatively considerable net
increase of any criteria pollutant for which the project region is non-attainment under an applicable
federal or state ambient air quality standard from project related construction activities. Emissions
reduction measures, including dust control and equipment condition, will be implemented as part of the
G:\Planning\2006\PA06-0370 PHS Tentalive Map (TTM35181 )\Planning\CEQA\lnitial Study - PHS.doc
8
mitigation monitoring program to reduce impacts to a less than significant level (Air Quality Impact
Analysis Report, 2006, page 5-1).
The impacts to air quality standards will be reduced to a less than significant level with implementation,
monitoring, and enforcement of the following mitigation measures. '
Mitiaation
3. Adhere to best management practices which include the application of water on disturbed soils
twice daily, covering haul vehicles, replanting disturbed areas as soon as pra;;tical and
restricting vehicle speeds on unpaved roads to 15 mph to control fugitive dust.
4. Trucks hauling dust, sand, gravel, or soil are to be covered or should maintain at least two feet
of freeboard in accordance with Section 23114 of the California Vehicle Code.
5. During site grading, underground, and building activity construction, the contractor shall adhere
to SCAQMD Rule 431.2 (diesel fuel with sulfur content of 15 ppm by weight or less).
6. During construction, off-road construction equipment shall be maintained in good condition and
in proper tune as per manufacturers' specifications and restrict diesel equipment idling to no
more than five minutes.
7. Limit application of paint to 50 gallons per day and use of Zero-VOC paints (assumes no more
than 150 gram/liter of VOC).
3.d. Less Than Significant Impact: The proposed project uses do not contain any AQMD permitted
stationary emissions sources. There are currently no existing or proposed sensitive receptors in close
proximity to the proposed project. Future uses however do indicate the potential for sensitive land uses,
such as residences, schools, or athletic facilities, to be located adjacent to the project site; however,
impacts anticipated from future uses will be analyzed under the future Specific Plan. In general, the
primary pollutant of concern with regard to harmful pollutant concentrations resulting from development
projects is CO. As described above, construction and operation of the proposed uses would not result
in any substantial local or regional air pollution impacts and, therefore, would not expose any nearby
sensitive receptors to severe air pollution conditions. Impacts would be less than significant and no
mitigation measures are required.
3.e. Less Than Significant Impact: The proposed uses for the site are not considered land uses that
would generate significant odor impacts. No construction activities, materials, or daily activities are
proposed which would create objectionable odors. Certain amounts of odors will be generated from
vehicles tailpipe exhaust emissions during construction and operation. These odors would be
attributable to emissions from unburned hydrocarbons from tailpipes which are typically very small.
Lastly, any odor impact generated during construction activities would be short term in nature and
cease upon completion of the respective phase of the project. As a result, odor impacts associated with
the proposed project are anticipated to be less than significant.
G:\Planning\2006\PA06-0370 PHS Tentative Map (TTM35181)\Planning\CEQA\lnitial Study - PHS,doc
9
4. BIOLOGICAL RESOURCES. Would the project?
a.
b.
c.
d.
e.
f.
Issues and SUD~ortino Information Sources
Have a substantial adverse effect, either directly or
through habitat modifications, on any species identified
as a candidate, sensitive, or special status species in
local or regional plans, policies, or regulations, or by the
California Department of Fish and Game or U.S. Fish and
Wildlife Service?
Have a substantial adverse effect on any riparian habitat
or other sensitive natural community identified in local or
regional plans, policies, regulations, or by the California
Department of Fish and Game or US Fish and Wildlife
Service?
Have a substantial adverse effect of federally protected
wetlands as defined by Section 404 of the Clean Water
Act (including, but not limited to, marsh, vernal pool,
coastal, etc.) through direct removal, filling, hydrological
interruption, or other means?
Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors,
or impede the use of native wildlife nursery sites?
Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance?
Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
conservation plan?
Comments:
Potentially
Significant
Impact
Potentially
Significant Unless
Mitigation
Incorporated
if
No
Impact
Less Than
Significant
Impact
if
if
if
if
if
4.a-b. Potentially Significant Impact Unless Mitigation Incorporated: The applicant submitted a complete
Biological Technical Report for the proposed project detailing the biological resources present on the 84
acre site (Biological Technical Report for Temecula 84 Project by Helix Environmental dated March 23,
2007). The 52-acre portion of the project site has already been graded and contains no biological
resources or any habitat suitable to support candidate, sensitive, or special status species. However,
the 32-acre portion of the project site is relatively undisturbed and biological resources are present.
The proposed project would result in impacts to approximately 16.65 acres of sensitive vegetation,
including 2.98 acres of Diegan coastal sage scrub, 0.37 acre of southern mixed chaparral, 0.92 acre of
scrub oak chaparral, 0.17 acre of native grassland, and 12.21 acres of non-native grassland (Figure 7;
Table 8 of the Biological Technical Report). The proposed project would also result in off-site impacts
to 0.02 acre of disturbed wetland, 0.15 acre of non-native grassland, and 0.06 acre of disturbed habitat
(Figure 7; Table 8 of the Biological Technical Report). These impacts are considered significant. The
project proposes to preserve a total of 17.82 acres comprised of 1.18 acre of Diegan coastal sage
scrub, 9.92 acres of southern mixed chaparral, 5.25 acres of scrub oak chaparral, 0.04 acre of native
grassland, 0.97 acre of non-native grassland and 0.46 acres of disturbed habitat.
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The project is within the Multiple Species Habitat Conservation Program (MSHCP) Burrowing Owl
(Athene cuniculBria) Survey Area. Burrowing owl surveys were conducted in 2006 and 2007 in
accordance with the Burrowing Owl Survey Instructions for the Western Riverside Multiple Species
Habitat Conservation Plan Area (Updated Burrowing Owl Survey Results for the Temecula 84 (formerly
known as Temecula 32) Property by Helix Environmental dated March 23, 2007). No burrowing owl or
sign of burrowing owl was observed on site or within 500 feet of the site. The site is not occupied by
burrowing owl. No burrowing owl was observed during the focused surveys of the site. However, the
property contains suitable habitat and therefore potential for affecting burrowing owls indirectly. A pre-
construction burrowing survey is required within 30 days prior to ground disturbance by the project.
The project will impact 0.02 acre of Corps jurisdictional habitat (ephemeral drainage, non-wetland
waters of the U.S.) and 0.06 acre of California Department of Fish & Game (CDFG) jurisdictional
habitat and permits will be required. However, those jurisdictional areas do not meet the MSHCP
definition of Riparian/Riverine habitat and a Determination of Biologically Equivalent or Superior
Preservation (DB ESP) analysis was not required.
No threatened or endangered plant species were observed on site. The project is not within the
Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Narrow Endemic
Plant Species Survey Area or Criteria Area Species Survey Area; therefore, focused plant surveys are
not required.
The federally listed endangered Least Bell's Vireo (Vireo bellU pusillus) was observed foraging within
the southern mixed chaparral in the northwest corner of the site for approximately one minute. Those
two birds were subsequently observed flying off site to the north. No suitable nesting habitat for the
vireo is present on or adjacent to the site. Based on their vocalizations and behavior, and the time of
year observed, the two individuals were determined to be first-year birds that were dispersing through
the area and not resident on the site. Suitable nesting habitat is present approximately 0.5 :nile north of
the project site within Murrieta Creek. The proposed project is not expected to have any impact on
Least. Bell's Vireo.
Implementation of the project would therefore have a substantial adverse effect, either directly or
through habitat modifications, on several species identified as a candidate, sensitive, or of special
status. Riparian habitat or other sensitive natural community identified in local or regional plans,
policies, regulations, or by the California Department of Fish and Game or US Fish and Wildlife Service
will also be impacted. Mitigation is recommended for these potential impacts.
The indirect biological impacts will be reduced to a less than significant level with implementation,
monitoring, and enforcement of the following mitigation measures.
Mitioation
8. A pre-construction burrowing owl survey is required 30 days prior to commencement of
construction. If any burrowing owl is found on site, the CDFG shall be consulted, and a passive
relocation effort shall be undertaken outside of the nesting season. No disturbance of active
nests will occur.
9. A qualified biologist shall determine if any active raptor nests occur within the limits of
disturbance prior to commencement of grubbing, clearing, or grading activities.
10. No brushing, clearing, or grading shall occur within 500 feet of occupied tree-nesting raptor
habitat during the raptor breeding season (typically December to July).
11. In order to ensure Migratory Bird Treaty Act (MBTA) compliance, clearing of native vegetation
shall occur outside the breeding season of most avian species (February 1 through September
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15) unless a pre-construction nesting bird survey determines that no nesting birds are present.
The City of Temecula would need to approve activities after concurrence is received from the
wildlife agencies.
12. Lighting within the proposed project adjacent to preserved habitat shall be of the lowest
illumination allowed for human safety and selectively placed, shielded, and directed away from
preserved habitat.
13. Impacts to upland habitats and associated species will be addressed through participation in the
MSHCP and payment of the MSHCP Local Development Mitigation fees. The project is located
within the Riverside County Stephens' kangaroo rat Habitat Conser\tation Plan (HCP) Fee
Assessment Area.
4.c. Potentially Significant Impact Unless Mitigation Incorporated: The applicant submitted a complete
Jurisdictional Delineation Report for the proposed project site (Jurisdictional Delineation fur Temecula
84 Project dated June 26, 2006 by Helix Environmental). There are jurisdictional waters of the state
and U.S. on the project site. The report mapped existing areas under U.S. Army Corps of Engineers
jurisdiction pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344), and wetland and
streambed habitats under California Department of Fish and Game (CDFG) jurisdiction pursuant to
Section 1600 of the Fish and Game Code. This information was necessary to evaluate jurisdictional
impacts and permit requirements associated with proposed construction on the subject property.
The proposed project will not affect any wetlands on site and vt;lrnal pools are not present on site.
However, the project will impact 0.02 acre of Corps jurisdictional habitat (ephemeral drainage, non-
wetland waters of the U.S.) and 0.06 acre of CDFG jurisdictional streambed habitat. Therefore,
implementation of the project will result in a substantial adverse effect of federally protected waters as
defined by Section 404 of the Clean Water Act and the following mitigation is recommended.
The impacts to federally protected wasters will be reduced to a less than significant level with
implementation, monitoring, and enforcement of the following mitigation measures.
Mitiaation
14. Both Federal Clean Water Sections 404 and 401 permits and a 1602 Streambed Alteration
Agreement are required. Copies of all required permits shall be provided to the City prior to the
start of construction and full compliance with all of the terms and conditions of those permits and
agreement is required.
15. Impacts to jurisdictional areas will be mitigated through a 1: 1 ratio through off-site creation or
purchase of wetland credits within an approved wetland mitigation bank.
4.d. Less than Significant Impact: The proposed project site lies within MSHCP Proposed Linkage 10
and is therefore identified for conservation. The adjoining 52-acre parcel to the northwest (APN 909-
370-018) was also identified for conservation as part of Proposed Linkage 10. However, that parcel
has already been graded and contains no biological resources or any habitat suitable to support any
MSHCP-covered species. Consequently, the subject parcel is currently bordered by developed
property to the north, south and east and would not function as a wildlife corridor. In addition the
alignment of the Western Bypass, an approved Circulation Element roadway, extends along the
eastern portion of northern border of the adjacent 52-acre parcel and turns southeast and extends
through the subject parcel. The Western Bypass would also preclude the assembly of Proposed
Linkage 10 on the southerly portion of the property.
The City informed the County of Riverside of the approved Western Bypass during MSHCP preparation
and has planned for this type of industrial/commercial use of the subject property as part of the General
Plan. The Western Bypass is an approved Circulation Element roadway that is a covered project
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generally described in MSHCP Section 7.3.5 (Planned Road within the Criteria Area) and specifically
shown on Figure 7.1 (General Plan Circulation Element with Criteria Area). The Regional Conservation
Authority (RCA) has informed the City that it considers all of the project site area east of the Western
Bypass to be part of the covered project and consequently the entire Professional Hospital Supply site
is covered under the MSHCP and no conservation is required. However, the project is subject to the
MSHCP Local Development Mitigation Fee.
The proposed project will not therefore interfere substantially with the movement of any native resident
or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or
impede the use of native wildlife nursery sites and no impact is anticipated as a result of the proposed
project.
4.e. No Impact: The proposed project will not conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or ordinance. No impact is anticipated as a
result of the proposed project.
4.f. Less than Significant Impact: On September 22, 2006, the applicant submitted a complete Habitat
Acquisition and Negotiation Strategy (HANS) Application and Analysis for the proposed project site.
The property is located within Independent Criteria Cells 6781 and 6888 of Subunit 6 (Santa Rosa
Plateau) of the Southwest Area Plan. The project site falls within Proposed Linkage 10 and is therefore
identified for conservation. According to the MSHCP, conservation within Cell 6781 will range from 35
to 45 percent, focusing in the Cell's southwestern portion. Conservation within Cell 6888 will range from
55 to 65 percent, focusing in the Cell's southwestern portion. The proposed project site lies within the
southern half of Cell 6781 and the northern half of Cell 6888. Based on the following list, t:,e project is
consistent with the MSHCP and therefore impacts are anticipated to be less than significant as a result
of the project.
. Seven MSHCP-covered species (coastal western whiptail, least Bell's vireo, Cooper's hawk,
coyote, bobcat, rufous-crowned sparrow, and San Diego black-tailed jackrabbit) were
observed/detected on site. Habitats of si