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HomeMy WebLinkAbout040991 CC AgendaA OENDA TEMECULA CITY COUNCIL A REGULAR MEETING ~. TEMECULA TEMPORARY COMMUNITY CENTER- 27475 COMMERCE CENTER DRIVE APRIL 9, 1991 - 7:00 PM EXECUTIVE SESSION: 6:45 PM .. Closed Session pUrsuant'to Govemmont Code Saclion 54956.9(b) to discuss potentiallit/gat/on. Next Jn Order: Ordinance: No. 91-13 Resolution: No. 91-33 · CALL TO ORDER: Mayor Ronald J. Parks Invocation Pastor Gary Nelson, Calvary Chapel Flag Salute Councilmember Lindemans ROLL CALL: Birdsall, Lindemans, Moore, Muftoz, Parks PRESENTATIONS/ PROCLAMATIONS Proclamation of Public Health Week PUBLIC FORUM This is a portion of the City Council Meeting unique to the City of Temecula. At the meeting held on the second Tuesday of each month, the City Council will devote a period of time (not to exceed 30 minutes) for the purpose of providing the public with an opportunity to discuss topics of interest with the Council. The members of the City Council will respond to questions and may give direction to City staff. The Council is prohibited, by the provisions of the Brown Act, from taking any official action on any matter which is not on the agenda. If you desire to speak on any matter which is not listed on the agenda, a pink 'Request to Speak' form should be filled out and filed with the City Clerk. For all other agenda items a 'Request To Speak' form must be filed with the City Clerk before the Council gets to that item. There is a five (5) minute time limit for individual speakers. 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. 2/eg.ldW0812~O 1 04/O~/g I CONSENT CALENDAR Standard Ordinance Adoorion 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 March 26, 1991 as mailed. Resolution Aooroving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Balance Sheet as of January 31, 1991 and Statement of Revenues, Exoenditures and Changes in Fund Balance for the Seven Months Ended January 31, 1991. RECOMMENDATION: 4.1 Receive and file the Balance Sheet and the Statement of Revenues, Expenditures and Changes in Fund Balance for the seven months ended January 31, 1991. 4.2 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 1990-91 BUDGET TO ACCOMPLISH BUDGET TRANSFERS AND APPROPRIATIONS AS DETAILED IN ATTACHMENT A 2/agend.~0812~0 2 04/06/91 City Treasurer's Report as of February 28. 1991 RECOMMENDATION: 5.1 Receive and file report. 6 7 AccePtance of Public Imorovements - Tract 23177 (Continued from the meeting of March 26, 1991) RECOMMENDATION: 6.1 Accept the public improvements in Tract No. 23177. 6.2 Authorize the reduction of street, sewer and water bonds and accept the surety bond endorsement reducing the faithful performance bond amounts. 6.3 Approve the subdivision agreement rider and direct the City clerk to so advise the Clerk of the Board of Supervisors. Purchase of StoraQe Unit for Records Vault RECOMMENDATION: 7.1 Approve the purchase of a high density mobil records storage unit for use in City Clerk's records vault. AcceDt Public Imorovements in Tract No. 20130-F RECOMMENDATION: 8.1 Accept the public improvements in Tract No. 20130-F. 8.2 Authorize the reduction of street, sewer and water faithful performance bonds and accept replacement bonds for reduced amounts. 8.3 Approve the subdivision agreement .rider and direct the City Clerk to so advise the Clerk of the Board of Supervisors. 2/egencle/Oel 2~0 3 04/06/01 9 Acceot Public Imorovements in Tract No. 2!340-4 RECOMMENDATION: 9.1 Accept the public improvements in Tract No. 21340-4. 9.2 Authorize the re~luction of street, sewer and water faithful performance bonds and accept the replacement bonds for reduced amounts. 9.3 Approve the subdivision agreement rider and direct the City Clerk to so advise the Clerk of the Board of Supervisors. 10 Western Riverside Council of Government RECOMMENDATION: 10.1 Approve the revised Joint Powers Agreement ("JPA") for the Western Riverside Council of Governments ("WRCOG") and authorize the Mayor to execute same. 11 Accept Public Imorovements in Tract No. 21340-5 RECOMMENDATION: 11.1 Accept the public improvements in Tract No. 21340-5. 11.2 Authorize the reduction of street, sewer and water faithful performance bonds and accept the replacement bonds for reduced amounts. 11.3 Approve the subdivisionagreement rider and direct the City Clerk to so advise the Clerk of the Board of Supervisors. SECOND READING OF ORDINANCES 12 Second Readin(] of Ordinance Amendinq Ordinance 90-04 Pertaininq to Extensions of Time ADoroval Periods for Plot Plans RECOMMENDATION: 12.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 91-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF ORDINANCE NO. 90-04 PERTAINING TO EXTENSIONS OF TIME APPROVAL PERIODS FOR PLOT PLANS. 2/agenda/Oe 12~O 4 04/06/~ 1 13 Second Reading of Ordinance Grantina Southern California Edison Comoany a Franchise for Electricitv RECOMMENDATION: 13.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 91-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO USE AND TO CONSTRUCT AND USE, FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY FOR ANY AND ALL PURPOSES, POLES, WIRES, CONDUITS AND APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS NECESSARY OR PROPER THEREFOR, IN, ALONG, ACROSS, UPON, OVER AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF TEMECULA. 14 Second Reading of Prevention. RECOMMENDATION: 14.1 Ordinance Adootina Regulations Regarding Flood Damaqe Read by title only and adopt an Ordinance entitled: ORDINANCE NO. 91-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING REGULATIONS REGARDING FLOOD DAMAGE PREVENTION PUBLIC HEARINGS 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 hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the City Clerk at, or prior to, the public hearing. 2/agenda/0612~ 6 04/06/91 15 16 Aoneal of Plannina Commission Denial - Parcel Man 25607 (Continued from meeting of February 26, 1991) RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF TNE CITY COUNCIl. OF THE CITY OF TEMECULA DENYING TENTATIVE PARCEL MAP NO. 25607 TO SUBDIVIDE A 1.4 ACRE PARCEL INTO TWO PARCELS A T THE SOUTHEAST CORNER OF ESTERO STREETAND ORMSBY ROAD. Change of Zone No. 562! and Snecific Plan No. 219, Amendment No. 1 Located on the north side of Highway 79, between Margarita Road and Butterfield Stage Road; bound by Pauba Road to the north. RECOMMENDATION: 16.1 Adopt a negative declaration for Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1. 16.2 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CHANGE OF ZONE NO. 5621 AND SPECIFIC PLAN NO, 219, AMENDMENT NO, I 16.3 Introduce an ordinance entitled: ORDINANCE NO. 91- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING ZONING ORDINANCE NO, 90-04 PERTAINING TO ORDINANCE NO, 348.2919 (SPECIFIC PL4N NO. 219) AS IT RELATES TO ZONING. CSD MEETING. (To' be held at"8:00 'PMI 'Please see sepam~ agenda"' 21agenda/0612~0 5 04/05/91 COUNCIl BUSINESS 17 Award of Bid - Sam Hicks Monument Park Imorovements RECOMMENDATION: 17.1 Award construction contract to R.J. Nobel Company for the Sam Hicks Monument Park Curb and Gutter Project. 18 Discussion of Traffic Sienal Installation on Rancho California Road at the Westerly I~ntrance Target Center (Placed on the agenda at the request of Councilmember Lindemans) 19 Consideration of Bus Shelters - Temecula Valley Transit RECOMMENDATION: 19.1 Continue to the meeting of April 25, 1991. 20 Reconsideration of Western Ridgeline Policies (Placed on the agenda at the request of Mayor Parks) 21 Reconsideration of Change of Zone 5748 and Tentative Tract Mao No. 25980 RECOMMENDATION: 21.1 Direct staff to forward a recommendation of denial to the County of Riverside Planning Department relative to Change of Zone No. 5748 and Tentative Tract Map No. 25980. 2/~ee~da/0612~0 7 04/06/~"1 22 Imolementation of In-house Street Reoair Pro(~ram RECOMMENDATION: 22.1 Approve the implementation of an in-house street repair program. 22.2 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROPRIATING ,~31,100 OF GAS TAX FUNDS FOR DEVELOPMENT OF STREET REPAIR PROGRAM. 22.3 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RATIFYING CITY MANAGER'S AUTHORITY UNDER MUNICIPAL ORDINANCE SECTION 3. 12.090 TO MAKE EMERGENCY PURCHASE OF STREET REPAIR EQUIPMENT 22.4 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING LIST OF POSITION TITLES AND SALARIES TO ADD TWO MAINTENANCE WORKER POSITIONS TO THE NUMBER OF POSITIONS ALLOCA TED FOR FISCAL YEAR 1990-91 23 Final Tract Mao 24134-1 (Located at the southeast corner of Pauba Road and Margarita Road RECOMMENDATION: 23.1 Approve Final Tract Map 24134-1 subject to the conditions of approval. 24 211gl~dl/0612~0 Final Tract MaD 24134-2 (Located at the southwest corner of Pauba Road and Via Rami) 24.1 Approve Final Tract Map 24134-2 subject to the conditions of approval. 04/06~1 25 Final Tract Mao 24134-3 (Located at the northwest corner of Santiago Road and Amarita Way) 25.1 Approve Final Tract Map 24134-3 subject to the conditions of approval. CITY MANAGER REPORT CITY ATTORNEY REPORT CITY COUNCIL REPORTS ADJOURNMENT Next meeting: Public Meeting to address Redevelopment April 16, 1991, 7:00 PM, Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, California. Next regular meeting: April 23, 1991, 7:00 PM, Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, California. 21aeenda/Oe 12~0 e 04/06~1 PROCLAMATIONS & PRESENTATIONS Proclamation The City of Ternecula WHEREAS, the City Council of the City of Temecula recognizes that public health programs have made a positive contribution to the healthy lifestyles of the American people; and WHEREAS, countless deaths have been prevented, and quality of life improved through public health successes such as control of epidemic diseases, safe food and water supplies, and maternal and child health programs; and WHEREAS, public health programs fulfill society's interest in assuring conditions in which people are healthy and; WHEREAS, the Surgeon General of the United States has declared disease prevention and health promotion one of the nation's highest priorities; and WHEREAS, the Riverside County Department of Health provides services which span the entire range of public health care services from preventive health care to disaster planning for residents in both the incorporated and unincorporated areas of the County, and; WHEREAS, the Board of Directors of the County of Riverside has proclaimed the week of April 29 through May 3, 1991, NOW, THEREFORE, the City Council of the City of Temecula hereby joins with other cities in Riverside County in proclaiming April 29, 1991 through May 3, 1991, Public Health Week IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affLxed this 9th Day of April, 1991. Ronald J. Parks Mayor June S. Greek City Clerk 'l NORTON YOUNGLOVE, SUPERVISOR Fifth District Roy Hord, Administrative Assistant John Telesio, Administrative Assistant Elena Medina, Executive Secretary March 14, 1991 THE HONORABLE RON PARKS MAYOR OF THE CITY OF TEMECULA 43172 BUSINESS PARK DRIVE TEMECULA, CA 92390 Re: Proclamation for Public Health Week Dear Mayor Parks: Enclosed please find a proclamation passed by the Riverside County Board of Supervisors proclaiming the week of April 29, 1991 - May 3, 1991 as Public Health Week. I would appreciate it if the City of Temecula would approve a similar proclamation by March 22, 1991 and have it available for presentation or else forwarded to Dr. Edward J. Gallagher, Director of Health, Riverside County Department of Health, 4065 County Circle Drive, Riverside, CA 92503 by April 8, 1991. The purpose of Public Health Week is to increase the public's awareness of the services provided by the Health Department and to promote interest in and support for public health services. The Riverside County Department of Health provides a wide variety of services in both the incorporated and unincorporated areas of Riverside County. During the week of April 29, 1991 - May 3, 1991, the Health Department plans to hold activities in health centers throughout the County. They also plan two breakfasts with keynote speakers (one in Riverside and one in Palm Springs), an essay writing contest in local schools, demonstrations and displays in local shopping malls. The Health Department is looking forward to these events and would like your support and participation. 4080 LEMON STREET · 14TH FLOOR · RIVERSIDE, CALIFORNIA 92501 · (714) 275-1050 THE HONORABLE RON PARKS March 14, 1991 Page 2 NORTON YOUNGLOVE When the City of Temecula has approved a proclamation for Public Health Week, please contact Dr. Gallagher's office (714) 358-5058 and let him or his secretary, Sandy Lord, know the date of the City Council meeting where the proclamation will be presented, so that a representative of the Health Department can attend. If there will not be a presentation ceremony, please fon~vard the proclamation to Dr. Gallagher by April 8, 1991. Thank you for your assistance and support. OF SUPERVISORS NY:GAM:ca Encl. ITEM NO. 1 ITEM NO. 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD MARCH 26, 1991 A regular meeting of the Temecula City Council was called to order at 5:04 PM at Temecula City Hall, 43172 Business Park Drive, Temecula, California. Mayor Ron Parks presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager David F. Dixon, City Attorney Scott F. Field, and City Clerk June S. Greek. Mayor Parks recessed the meeting at 5:05 PM to an Executive Session pursuant to Government Code Section 54956.9 (a) and (b) to discuss pending litigation, Dawes rs. County of Riverside and potential litigation. The meeting was reconvened in regular session at the Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, Ca, at 7:04 PM. INVOCA T/ON The invocation was given by Pastor Kenneth Molnar, New Community Lutheran Church. PLEDGE OF ALLEGIANCE The audience was led in the pledge of allegiance by Brownie Girl Scout Troop Number 785, Kathy Miller, Leader. PRESENTA T/ON$/ PROCI. AMA TION$ Mayor Parks proclaimed March 30, 1991 as "Day of the Young Child", and announced the "Teddy Bear's Picnic will be held at Temecula Elementary School on March 30th from 9:30 AM until 2:30 PM. Mayor Parks proclaimed April 13, 1991 as Health Fair Expo Day, and presented the proclamation to Dr. Donald Myren, Site Coordinator of the Temecula Valley Health Fair Expo. H i nut es\03\26\91 - 1 - 04/03/91 City Council Minutes March 26, 1991 Mayor Parks proclaimed April 8-12, 1991 as, Building Safety Week. Tony Elmo, Building Officer, introduced the Building Department staff and outlined the activities and services being offered during this week. Rick Sayre, Chief of Police, introduced Lieutenant Larry Grotefend, the newest member of the Temecula Police Department. PUBLIC COMMENTS Christine Martinelli, 30255 Corte Cantania, representing Neighborhood Coalition No. 25603, requested that a meeting be held with the City Council and members of the community on April 6, 1991 at 10:00 AM at the site of Tract 25403. Bill Perry, 28645 Front Street, spoke in favor of the City Council considering the "Main Street Program" feasibility. Gary Kelley, 224 Ohio St., Lake Elsinore, representing Elsinore Valley Municipal Water District, addressed the Council regarding Item No. 10, Resolution of Support for the City of Lake Elsinore Regarding Entitlement of Lake Elsinore. He asked that any action on the resolution be postponed until both sides of the issue could be heard. Bob Hemme, 47981 Pala Road, representing the Riverside Advisory Committee, thanked the City Council for meeting with the committee to clear up concerns regarding activating the Redevelopment Agency. CONSENT CALENDAR Councilmember Mu~oz asked that Items 6-10 be removed from the Consent Calendar for separate discussion. Councilmember Lindemans asked that Item 4 be removed from the Consent Calendar and Item 7 and 8 be heard following the public hearing on Item No. 16, since they deal with the same Tract Map. Minutes\O~\26\91 -2- 04/03/91 City Council Minutes March 26, 1991 It was moved by Councilmember Moore, seconded by Councilmember Lindemans to approve Consent Calendar Items 1, 2, 3, 5 and 11-14. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: ABSENT: 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Standard Ordinance Adoption Procedure 1.1 2. Minutes 2.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Approve the minutes of March 12, 1991 as mailed. Resolution Approving List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 91-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A e Rejection of Bids - Vehicles 5.1 Reject all bids received for Bid Numbers 91-0002, 91-0003, 91- 0004 and 91-0005. Minutes\03\26\91 -3- 04/03/91 Citv Council Minutes 11. 12. 13. 14. March 26, 1991 Second Reading of Ordinance Activating Redevelopment Agency 11.1 Read by title only, and adopt an ordinance entitled: ORDINANCE NO. 91-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACTIVATING THE REDEVELOPMENT AGENCY OF TEMECULA AND DECLARING AND DESIGNA TING THE CITY COUNCIL OF THE CITY OF TEMECULA AS THE REDEVELOPMENT AGENCY Approval of Final Tract Map No. 24133-1 - Bedford Properties 12.1 Approve Final Tract Map No. 24133-1, subject to the conditions of approval. ADproval of Final Tract Map No. 24133-2 - Bedford Properties 13.1 Approve Final Tract Map No. 24133-2, subject to the conditions of approval. Approval of Final Tract Map No. 24133-3 - Bedford Properties 14.1 Approve Final Tract Map No. 24133-3, subject to the conditions of approval. City Treasurer's Statement of Investment Policy Councilmember Lindemans requested that an amendment on Page 1 be made to add the word "and" between City Treasurer and Finance Officer. It was moved by Councilmember Birdsall, seconded Lindemans to receive and file report as amended. The motion was carried by the following vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: by Councilmember Birdsall, Lindemans, Moore, Mu~oz, Parks COUNCILMEMBERS: None COUNCILMEMBERS: None #inutes\03\26\91 -4- 04/03/91 City Council Minutes March 26, 1991 6. Acceptance of Public Improvements - Tract 23177 Councilmember Mu~oz stated he has received information that the developer of this tract is experiencing serious financial difficulties and suggested that this be continued until staff has an opportunity to review this matter. Councilmember Lindemans voiced his opposition, stating this is only a request for a reduction of bonds, not a complete release, and staff has given the okay on this project. He stated it is unfair to the developer to hold these bonds for another two weeks. It was moved Councilmember Mu~oz, seconded by Mayor Parks to continue this item to the meeting of April 9, 1991, and refer to staff to determine if any outstanding mechanics liens exist. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Moore, Mu~oz, Parks NOES: I COUNCILMEMBERS: Lindemans ABSENT: 0 COUNCILMEMBERS: None 9. Adoption of Proposed Street Name - Overland Drive Councilmember Mu~oz asked for an explanation for renaming this street. Doug Stewart, Deputy City Engineer, explained that this is the natural extension of the existing street, Overland Drive. It was moved by Councilmember Moore, seconded by Councilmember Mu~oz to adopt "Overland Drive" as the official name of that certain proposed street from Jefferson Avenue to Ynez Road, presently unofficially designated as Apricot Avenue. The motion was unanimously carried. 10. Resolution of Support for the City of Lake Elsinore Re~Tardin~l Entitlement of Lake Elsinore Councilmember Mu~oz stated that since there is a jurisdictional disagreement between the Lake Elsinore Agencies, he would like this matter continued. Ninutes\03\26\91 -5- 04/03/gl City Council Minutes March 26, 1991 It was moved by Councilmember Birdsall, seconded by Councilmember Moore to continue this item to the meeting of May 14, 1991. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 ABSENT: 0 COUNCILMEMBERS: None COUNCILMEMBERS: None RECESS Mayor Parks called a one minute break to change the tape at 8:01 PM, to be followed by the CSD Meeting. The meeting was reconvened following the CSD Meeting at 8:23 PM. Mayor Parks asked that Item 22 and 24 be taken out of order. Hearing no objection from Council, he proceeded to Ite~n No. 22. 22. City of Temecula Street Maintenance Repair and Striping Program Mark Ochenduszko, Assistant City Manager, introduced the staff report and advised that Willdan and Associates have agreed to provide street inspections this month and on a quarterly basis in the coming year. He reported these services will be provided at no additional charge to the City. Mr. Ochenduszko introduced Mr. Frank Sherkow, County of Riverside Transportation Department to answer questions. Councilmember Mu~oz asked what the timetable is for the problems identified. Mr. Sherkow stated that a number of the repairs have been made, and as soon as the pavement has dried from the recent storms, these repairs will be completed. He stated that County is anxious to work with the City in establishing a street maintenance program for the coming year. Councilmember Lindemans asked why the City should consider hiring the County for these services for the following year. Mr. Sherkow answered that the County has local residents minutes away who could respond to needed t4inutes\03\26\91 -6- 04/03/91 City Council Minutes March 26, 1991 repairs, and the County has resources at its disposal that the City would not have, such as a full scale pavement management system, geographic information system, etc., which will all be available to the City. It was moved by Councilmember Moore, seconded by Councilmember Mu5oz to receive and file report. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 24. Adoption of Re~lulations Regarding7 Flood Dama~Te Prevention Doug Stewart, Deputy City Engineer, introduced the staff report. Councilmember Mu~oz asked if passing this ordinance would obligate the City to provide any specific types of flood control programs, or does it allow flexibility. Mr. Stewart answered that it is a model ordinance and does not limit the City on types of flood control devices. Doug Stewart introduced Mr. Tag Ryona, from the State Department of Water Resources to answer questions. Councilmember Mu~oz asked if a change in water flow would be prohibited by this ordinance, as described on Page 2, (1.4.E). Mr. Ryona stated that any proposed change in level of flow would need to go through the Federal Emergency Management Agency (FEMA), however it would not necessarily be denied. It was moved by Councilmember Birdsall, seconded by Councilmember Moore to waive further reading and introduce an ordinance entitled: ORDINANCE NO. 91-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING REGULATIONS REGARDING FLOOD DAMA GE PREVENTION. Ninutes\03\26\91 -7- 06/03/91 City Council Minutes March 26, 1991 The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Linderoans, Moore, Mu~oz, Parks NOES: 0 ABSENT: 0 COUNCILMEMBERS: None COUNCILMEMBERS: None It was moved by Councilmember Birdsall, seconded by Councilmember Lindemans to adopt a resolution entitled: RESOLUTION NO. 91-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA COMPLYING WITH REQUIREMENTS FOR INSURANCE. The motion was carried by the following vote: SUBSIDIZED FLOOD AYES: 5 COUNCILMEMBERS: Birdsall, Linderoans, Moore, Mu~oz, Parks NOES: 0 ABSENT: 0 It was moved by Councilmember Birdsall, seconded by Councilmember Lindemarts to authorize the City Engineer to submit the application for participation in the National Flood Insurance Program to the Federal Emergency Management Agency. COUNCILMEMBERS: None COUNCILMEMBERS: None The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Linderoans, Moore, Mu~oz, Parks 0 COUNCILMEMBERS: None NOES: ABSENT: 0 COUNCILMEMBERS: None Hinutes\03\26\91 -8- 04/03191 City Council Minutes PUBLIC HEARINGS 1 5. Ordinance Amendment No. 91-1 16. March 26, 1991 Gary Thornhill, Director of Planning, introduced the staff report. Mayor Parks opened the public hearing at 9:10 PM. Having no requests to speak, Mayor Parks closed the public hearing at 9:10 PM. It was moved by Councilmember Moore, seconded by Councilmember Lindemans to waive further reading and introduce an ordinance entitled: ORDINANCE NO. 91-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF ORDINANCE 90-04 PERTAINING TO EXTENSIONS OF TIME APPROVAL PERIODS FOR PLOT PLANS The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 ABSENT: 0 COUNCILMEMBERS: None COUNCILMEMBERS: None Vesting Tentative Tract Map No. 22627 - First Extension of 77me Gary Thornhill, Director of Planning, introduced the staff report. Mayor Parks called a recess to change the tape at 9:1 6 PM. The meeting was reconvened at 9:17 PM. Mayor Parks opened the public hearing at 9:20 PM. John Able, representing the applicant Van Daele, stated he is in concurrence with all conditions of approval. Councilmember Mu~oz asked if in view of the current drought situation, if he would be responsive to drought tolerant landscaping. Mr. Able stated he would be willing to look into this type of landscaping. Ninutes\03\26\91 -9- 04/03/91 City Council Minutes March 26, 1991 Councilmember Mu~oz asked if the City is making an effort to acquire land instead of fees to meet the Quimby requirements. Mr. Thornhill answered this map is a Vesting Tentative Map and therefore it would be difficult to redesign the tract. Mayor Parks closed the public hearing at 9:25 PM. It was moved by Councilmember Birdsall, seconded by Councilmember Moore to adopt a resolution entitled: RESO£ UTION NO. 91-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIRST EXTENSION OF TIME FOR VESTING TENTATIVE TRACT MAP 22627 A 220 LOT,RESIDENTIAL SUBDIVISION OF 53 ACRES LOCA TED NORTH OF NICOLAS ROAD AND EAST OF GENERAL KEARNY ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 919-350- 022, 024, AND 025. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None By Council consensus, it was decided to consider Items 7 and 8 concurrently. 7. Final Vesting Tract Map No. 22627-F 7.1 Approve Final Vesting Tract Map No. 22627-F, Amended No. 2, subject to the conditions of approval. 8. Final Vesting Tract Map No. 22627-1 8.1 Approve Final. Vesting Tract Map No. 22627-1, Amended No. 2, subject to the conditions of approval. Doug Stewart, Deputy City Engineer, introduced the staff report. Minutes\03\26\91 -10- 04/03/91 City Council Minutes March 26, 1991 It was moved by Councilmember Birdsall, seconded by Councilmember Moore to approve staff recommendations on Item 7 and 8. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 17. Tentative Parcel Map No. 23335 - First Extension of Time Gary Thornhill, introduced the staff report. Mayor Parks opened the public hearing at 9:33 PM. Having no requests to speak, ,Vlayor Parks closed the public hearing at 9:33 PM. It was moved by Councilmember Moore, seconded by Councilmember Birdsall to adopt a resolution entitled: RESOLUTION NO. 91-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIRST EXTENSION OF TIME FOR TENTA TIrE PARCEL MAP 23335, A SIX (6) PARCEL COMMERCIAL SUBDIVISION OF 10. 18 ACRES l OCA TED NORTH OF THE JUNCTION OF WINCHESTER ROAD AND YNEZ ROAD AND KNOWN AS ASSESSOR'S PARCEL NOS. 910- 110-029, 031, AND 910-180-018. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, MuRoz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Minutes\03\26\91 -11- 04/03/91 City Council Minutes March 26, 1991 18. Electricity Franchise - Southern California Edison City Attorney Field introduced the staff report. Mayor Parks opened the public hearing at 9:37 PM. Councilmember Lindemans asked what revenues would be generated from this franchise. Doug Davies, Southern California Edison, stated revenues are estimated at approximately $100,000. Councilmember Birdsall announced that a local Southern California Edison office has been opened at 27450 Ynez, Ste 124. Mayor Parks closed the public hearing at 9:40 PM. It was moved by Councilmember Moore, seconded by Councilmember Birdsall to waive further reading and introduce and read by title only an ordinance entitled: ORDINANCE NO. 91-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO USE AND TO CONSTRUCT AND USE, FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY FOR ANY AND ALL PURPOSES, POLES, WIRES, CONDUITS AND APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS NECESSARY OR PROPER THEREFOR, IN ALONG, ACROSS, UPON, OVER AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF TEMECULA The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Ninutes\03\26\91 -12- 04/03/91 City Council Minutes COUNCIL BUSINESS March 26, 1991 Mayor Parks requested that Item No. 23 be taken out of order because there is a request to speak on this item. Hearing no objection he moved to Item No. 23. 23. Request for Flag Pro¢/rarn - Old Town Temecula Merchants Association City Manager Dixon introduced the staff report. Lucia Becker, 286857 Front Street, representing the Old Town Temecula Merchant's Association, spoke in support of the Flag Program. She stated that the proposal is for 4th of July Flags, not American Flags, which could be left up during the night, as well as day-time. She stated that the original estimate for the brackets has gone up and requested the Council consider authorizing the sum of $2,500 to cover these costs. It was moved by Councilmember Mu~oz, seconded by Councilmember Lindemans to authorize the sum of $2,500 from the discretionary fund, to cover the cost of brackets and flags. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 19. Consideration of Bus Shelters- Ternecula Va!lev Transit It was moved by Councilmember Lindemans, seconded by Councilmember Moore to continue this item to the meeting of April 9, 1991. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Ninutes\03\26\91 -13- 04/03/91 City Council Minutes March 26, 1991 20. Community Service Funding Request Criteria Mary Jane Henry, Finance Officer, introduced the staff report. Councilmember Birdsall requested that a final decision on this item be post- phoned until after the League of California Cities Community Services Meeting, because this issue will be addressed at that meeting. Mayor Parks requested that the word "social" be dropped from Item No. 4, stating he felt this should be required. He also stated he felt on Item No. 9 it should say "Does not compete", rather than "Does not duplicate" .... He also stated he felt Items 15, 16 and 17 may be too strong. Councilmember Moore stated that many of the requests coming before the Council would come from small local groups and stated that she would like to see Item 5 deleted. She stated she realized that financial records needed to exist, however (GAAP) is too high a standard. She stated she also felt Items 16 and 17 were too strong and groups should not be compelled to meet quarterly. Councilmember Mu~oz said he agreed with earlier comments, however, he felt that organizations should meet on a quarterly basis. It was moved by Councilmember Birdsall, seconded by Councilmember Lindemans to continue to the meeting of May 14, 1991. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Linderoans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Lindemans, seconded by Councilmember Moore to continue the meeting to 10:15 PM. The motion was unanimously carried. Hinutes\03\26\91 -14- 04/03/91 City Council Minutes 21. Adoption of Countv of Riverside Redevelopment Plan March 26, 1991 City Attorney Field introduced the staff report. Councilmember Mu~oz asked if a public hearing had been set to inform the public on this issue. City Manager Dixon suggested holding a workshop on April 16, 1991, prior to the adoption of the Ordinance. It was moved by Councilmember Mu~oz, seconded by Councilmember Lindemans to waive further reading, introduce and read by title only an ordinance entitled: ORDINANCE NO. 91-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECUI A ADOPTING A REDEVELOPMENT PLAN The motion was carried by the following vote: NOES: 0 ABSENT: 0 AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks None None COUNCILMEMBERS: COUNCILMEMBERS: It was moved by Councilmember Lindemans, seconded by Councilmember Moore to hold a public meeting regarding the Redevelopment Agency on April 16, 1991 at 7:00 PM, at the Temporary Temecula Community Center. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindeman$, Moore, Mu~oz, Parks NOES: 0 ABSENT: 0 COUNCILMEMBERS: None COUNCILMEMBERS: None Staff was instructed by Council to hold the Second Reading of this ordinance on the meeting of April 23, 1991. Ninutes\03\26\91 -15- 04/03/91 City Council Minutes March 26, 1991 Mayor Parks called a recess at 10:18 PM to change the tape. The meeting was reconvened at 10:19 PM. CITY MANAGER REPORTS None given. CITY ATTORNEY REPORTS None given. CITY COUNCIL REPORTS Councilmember Birdsall requested staff investigate installation of "banner poles" at each end of Old Town to announce community events. Councilmember Moore requested staff prepare a report detailing the methods used to determine street names. Councilmember Moore stated that since she would not be present at the meeting of May 14, 1991, she would like to voice her support for the City of Lake Elsinore regarding entitlement of Lake Elsinore. Councilmember Mu~oz requested that Drought Tolerant Landscaping policies be placed on a future agenda. Councilmember Mu~oz asked that the individual putting up signs around Temecula contact him. Mirvdtes\03\26\91 -16- 0~/03/91 City Council Minutes March 26, 1991 ADJOURNMENT It was moved by Councilmember Moore, seconded by Councilmember Mu~oz to adjourn at 10:26 PM to the meeting of April 9, 1991, at the Temporary Temecula Community Center, at 7:00 PM. The motion was unanimously carried. Ronald J. Parks, Mayor ATTEST: June S. Greek, City Clerk Hinutes\03\26\91 -17- 04/03/91 ITEM NO. 3 RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the following claims and demands as set forth in Exhibit A have been audited by the City Manager, and that the same are hereby allowed in the amounts of $932,962.47. SECTION 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 9th day of April, 1991. A'I~EST: Ronald J. Parks, Mayor June S. Greek, City Clerk [SEAL] 5/reso157 -1- < [-. 0 '~,..., Da:e Venoo? Name !nvosc~ Dat.~ ?/0 ')ate Descr:~t:on Dis c..%m t O. O0 I)000,:~:7t 03/157~i ~T,'f"f'C PEY'r'Y CASH .~,,~,9I 03/II,'91 ~eck Totals: 03/II191 F~E!~.F,~TI2F ,S~SH:MARCH 291 ~? 03/18/91 DIXON DAVID F. DIXQti 31891 03/15/91 Check Totals: 03/15/91 CASH ADVANCE;L~ MTB.YJsJ~:H 291.23 150. O0 0.~ 0.00 00?/15573 03/18/9t YOblIGMAN SHAW~ YOU/4GMAN 31S9! 03/18/91 03/1B/91 ~!~.FOR MII -,EAGE MARCH 56.~ 03/I9/91 THOR~IL GARY q-[)RNHI~ 31991 03/15t91 Check Totals: 03115191 CASH ~DVANC~;L~ MT6.MARCH 56.65 ~0.00 0.00 0.00 56.~5 ~O. OQ 03/19/91 PETTYC PETTY CASH 31991 02/07/91 '2ec~ Totats: 02/07/91 :~FI'Y CA~ ~l~; TCSD 2~.00 7'~X). O0 0.00 0.00 2~0.0Q SO0. O0 Check Totals: 03/!9/91RED3JRC~ ~SOURCE RE)46WAL ~NSTI~JTE 31991 03/18/91 03/18/91 ~BIST.F~=_; ENVIRO.$1~AT.MAA~ 300. O0 I00.00 0.00 0.00 i00.00 03/19191 ~ WYNDHAM HOTEL 31991 03/14/91 Check Totals: 03/14/91 ~:~-~VATION~;~EDIINAR APRIL 100.00 250.70 0.00 0.00 I00.00 2~. 70 ~k Totals: 05/19/91MAN~SIN~ 19A~4A~IN~ LOCal. GiOVE~-NT 51~I 05114191 0~/14t91 ~BIST. SEHINAR; A,°RIL ~0.70 lBS. 00 0.00 0.00 ~0.70 1~.00 ~ec~ Totals: ,X)006638 031~/91 INTERE)IA INTEP2IAL ~ 5EBVICE 32S)91 03/17/91 03/19/91 TAX DEPO~IT;PAYROIJ. !1/21/90 IB~.00 16~.74 0. O0 0.00 180.00 166.74 00006639 03/~/91 MUN]ZJ$ J. SAL MU~Z 320~I 03/!8/91 Check Totals: 03/18/91 CASH 16& 7( 200.00 O.00 0.00 16& 7~ l"~. OO Che~k Totals: 03/20/91UNIGLOBE ~IGLOBE BUTTE2FIEI.I~ TRA;~_ Skg~el 03/19/91 03/19/91 ~S~ ~4VIRO. STRATEBIE5 ~ 0.00 0.00 Check Totals: 03/21/9[ BOYS&6IR BOYS & GIRLS ~UB OF ?E?ED, dI.A 32191 02119/91 02/19/91Lb~N FOR YOUTH FACILITY;~. 88.00 6,200.00 0.00 88.00 6,200. Chec~ Totals: ,.~00Q6~2 03121191 LE. AGUE-2 ' --EY-&iUE OF CALIFORNIA CITIES ..~ ~. A?I~O ~o1 9%00 O. O0 ). ,'j,J 5,200.00 ~5.00 06o43 , .',.,,/.-., ~. T~5~ -~'GGET ST,]RE 0.00 invoke? Date -WO Date Des. cr'.~tlcn 05119/91 ,~.,~ 19,, 1 FgR~4ASE SA~)Y & ~I ZES !50.00 ? .'"w'"~0 ~ .~eck TotaLs: 03/I9/91Pt~,-~qSE 5~ CANDY:EASI'~R 150.G~ JO0.00 0.00 150.00 500.00 0.5/27/91 STATECOM STATE L'OMPEh~ATi~I [~. ~.~iO J279! O.T./~/9I 03/~/91 !}~t~'ANCE ~JEM. F~_,RUARY ~m:_~ TotaLs: 03/27191 C~]LON[AL CO_ONIAL LI~ & ~[C~-NT ~.~,9I 03/I8/91 03/18/9! ~tSt.~(~E FF<EM.?tAAq:~( !~1 ~00. O0 5,210.04 ~,~~0.0¢ 625.00 O.Jg O. JO 0.00 JO0.00 5,210.04 5,210.Q¢ 62~.00 0000~x~47 03/27/9l ~[T 8~NEF[T AMERICA · J~7~1 03/19/91 ~,ecx ~otais: ~ecK Totals: 04/09/9~ ACCLF~ATE ACCURATE 207% 02/27/91 01J9 01/15/9I ,~I'~ ~:I~I,~TiGN 20805 02/2719~ ~)521 021~/91 [~I~T[~ 2~!8 03/01/91 0139 0!/15/9! ~I~ ~;I~I~TI~ SYS~ ~23. O0 1,782.08 2, :..90. O0 ~0.00 0.00 O. O0 0.~ 0.00 0.~,~ 1,782. ~ ~.,782.'~ 2,390.00 c>X)~6658 04/09/9[ ALERTC~ l~ AIJ~T CENTIUE R62006I-i 02t01/9I Check TotaLs: 02/01/91BIII!~ F~ JAN~;STE 0 0.~ 0.~ C~eck TotaLs: 041(79/91 ~ PURE All. PUFUE CHE]~IC~L 1~ 02/~/91 90~ 02/~/91 ~ ~IT1E LINE MARldER 50 274. 0.~ 0.00 ~.00 274.88 Check TotaLs: 04/0,7191ASSIST~ A~ISTANCE BtJ[~ ~ llENECIJ.A 031~1 03/17/91 03/I7/91COl"J~b14II'Y SEi~I~S r"t.~l)I~ 04/~t9t ~ 9102 Check TotaLs: ~ BJECTR£C~4. C~l~uqCTO~ 03/12/91 01~ 02/04/91 I~TALL Lt. SY$1?I. PJCT;90-~l 27~.88 131,040.00 0.00 0.~ 0.~ 0.~ 27~.~8 131,040.00 ~eck Tota[$: O(XXXS~.~2 04/~/91BOGR~rI[ K)6I~qPHI~ ~INTI~ 021391 02/13/91 ~313 02/07/91 T-~IRT$ F~ TF.A.~I-TEMECLLA 131,040.00 271.91 0.00 0.~ 131,0~.00 271.~t 00QO666J, 04/09/9t ~ S~ BSNSP~T$ ~11915 031~/91 90~0 DOi27B1 03113/91 90.~0 C~eck Totals: 02/I1/91 ~.r-Apfiott[:OPu~i~6E CONES 02111/91 ~C~:ORANGE CONES,PtAR 91 ~ecK Totais: '000~)6~G4 04/~/9t BIJS(E,~ BtIRKE, WILLIAI~S & ~ 046EF/ 02/01/91 02101191N'E]~I)I'~NT TO I~.F~ N(7~.-DEC 04g~ 02/01191 02/O[/gl ~E~[~ ~ES;J~Y ~ 02/01191 02/01191F~i~ ~ecK T~taLs: 271.91 218.~ 70.~ 3,808.39 ~,~58.27 0.00 0.00 0.00 0.0~ 0.'~ 0.00 O. 00 271.9I 2!8.~ 70.25 j,SOS.JY ~,8.27 4%, 4~ Check Date Venoor Name Invoice Date 7~07'7,.~ 02/01/91 · 7'~06666 04/,M/t91 ~AST CQAST IRRIGATION O~/~/gl !00Y6 ..... ,d.<../9, 10078 014251 0S/~/91 10076 OL4~ 05/~/91 1~)76 0I¢250 03/0Y/91 i00~ 04109/9[ ~P~T ~PY NETWO~ 0994 05105191 60045 D~cri~tion 0S/01/91 .~S CF~IT CARD BI~:FEBRUARY <~ec.~ Totals: 0~/05/qI BtLEM~!NT CQP!ES; DECEMBE~ 5'36.59 114.05 :7. :J ~:.76 1,7[9.¢8 27. J4 0.~0 0.00 O, O0 "%00 0.00 % 00 ~7.75 £7.J~ ~e:_k TotaLs: ':G)06668 04/09/9[ COUNTD~ COUNTY ~].ERK AND .RECQ~C~ FEB ql 02/01/9! 02/01/91D/VIKON u"OC. HAND ~, FEB 91 27,34 100.00 0.00 0.00 27. J¢ ~eck Totals: ',~)006669 04/09191 COUNTYAI) COUNTY ~ RIVERSIDE S~T 90 01/31/9! 0II51/ql ASSESS~b~NT Et]l.I., SEPT 90 10.00 0.00 0.~ 100.00 Check TotaLs: 00006670 04/.09/91 COUNTYOF C~gJNTY OF RIVEBSIDE OCTI~V 90 0!/31/91 Ol/Sl/~l ASSE~I~ENT ROLL, OCT N(N 90 ~ 90 01/51/9l 01/511~I ASSESSMENT ROLL, ~ DEC JAN 10.00 1,1~.00 80.00 0.00 O.'JO 10.00 I,I~.00 ~0.00 Check Totals: 00(X)667[ 04/09/9[ C~UNTYPU CO(J)fFY OF RIVERSIDE 1~160 03105191 90~0 03/05/91 ~ OFFICE StIPP FO~ MAY 91 1,2~)0.00 117.90 0.00 0.00 1,200.00 II7.9Q >~)6672 04/09/9l DAVLIN DAVI. IN 89-23:69 04/0W91 00~8 89-23:a8 04/09191 0147 89-z~:70 04/09/91 0145 89-23:72 04/01/91 01~ ~eck Totals: 07112/90 AUDIO TAPIN8 F~qN.O~ ~ 9,91 02/ll/qt CITY COLNCIL MTGS;AUDIO APR 9 03/II/91PA~U(S & ~C. ~SS: AUD APR 9 01/08/91 17 TRAFFIC SAFETY MTG~ APR ? 117.90 I~.00 600.00 115.00 115.90 0.00 0.00 0.00 0.00 117.90 !:.00 '~0.00 1!5.00 115.00 000066~ 04/09/g1 EQUII~I 0328~1 O~:k Totals: EQUITY ~ 0~/~/~I 03/~/91 ~ I)OUB. E ASSE~; JAN-FEB 955.00 5,100.00 0.00 0.00 ~.~ 5,100.00 IX,006674 04109191 FEDERAIJE FEi)ERAL EXPRESS 42'"-~08719 03/01/91 C~eck Totals: 03101/gl PAO(AGES SENT; 3/1-3/B §,100.00 0.00 C0~675 04/09191 FERNS h'lE~'$ ~ 1847 021~/71 90319 C~k Totals: 02/0~/9I F~NCE FOR SPORT PA2K,FEB 91 C~ec.k Tota[s: 'X~)06676 0¢109191FREEMANO FREEMAN'S OFFiCE PROI~JCTS ,~.~9-! 03/06/~I ~9 w~.~,~. ~ ~iCE ~'~.Y 124~ O~,'~/9t ~.7$9 ~ '~ b-7.50 2.126.00 2,12&.00 139.~ 0.00 0.00 0.00 O. O0 0.00 ~.50 2,126.00 2,126.00 J. 48 1~2.70 ,>,X)06,~77 04/0919[ S¢,SB .:D3VERNME~T ~NT[)~ Chec~ R~ster ~ Station: 5069 Invoice ?ate ~escri~ticn 116. C,0 0.00 ~X)Q6678 0¢/09/9L GRAYDANE OANELLE I~AY ~e,c.l: Totals: 0S/I¢191 ~ 0. O. ,JO 04109191 GTEWATTS GTE C. ALIFORNIA 604~AR 03101/91 6052J~R 03/01/9[ ~,96MAR 0~/01/9I 03/01/91 MARCH WATTS LI~S~ 03/OL/9L MARCH ~TTS LINES~ ~[LLDAN OS/01/91 ,~ WATTS LI~S~ ~ILLDAN .i3.50 961.34 26.86 0.~ 0.~ JS. :-0 ~61 26.86 03/~/91 10078 Chec~ Totals: 0D/~/9! MI~ H~J)W~£ ~ 25, 91 2.94 0.00 O. O0 '%vOOO668L O¢/~Y//gt [EM I E M ~1-!1 0210!/91 5eck Totals: 06/~t90 ~ ~:MT ~VICES;~. 2.94 !,167.50 0.00 0.00 2,'t; t,167.50 (X1306682 04/09/91 [MS-2 032191 C~ec~ Totals: INTEBNATI~ MAILING $YSt'EM~ 05121191 03/2!/91 REM.ENISH FI]~TAGE PACH1NE;M.a,R 2,000.00 0. ~ 0.00 ~,167.50 C~ec~ Totals: (XXX,N56~ 04109/9! INI. ANOWA INLAND OISPOSAL, INC 5084 051~191 0~/~/91 ~'l]~T PA;~( ll~ASH, ~W ~ 91 4~L 031~/91 03/~/9L ~ HI~ PAi~( i'RASH APR qL 0.00 0.~) 0. OQ ~.08 ~4.55 ~eck Totals: 00(X)6684 04/09/91 [N~T INTERNATL ~ ~ BLG C¢2Z~65 02115/91 02115/910~])IT FOR PYMT;2/2& CX~6445 C42770 03/07/91 ~O,Sc~ 02115/91 ~(:H~ICAL MANUAL 449.63 19.61 0.~ 0.00 O.Z~- ~9.aL ~K Totals: 04/09/9~ 'I,,J~iAS~I KAWASAKI OF TEME~ 0168 0~/~t91 100~2 03/22/71 POLICE ~T~Y~ 19.23 6,368.70 0.00 0.00 5,568.70 Check Totals: 04109191 ~-2 LEASUE OF CALIFDR~IA CITIES 051591 03/1~/91 03/15/91W(]RXSHOP;LCC;~Y 21; REB!ST. Check Totals: 00006687 04109191MARILYNS MARILYN'$ COFFEE ~I~ 03/13191 01~ i2/18/90 COFFEE SERV. ,&58.70 95.00 48.70 0.00 0.~ 0.00 O.OO 6.;68.70 95.00 95.0Q 48.70 Check Totals: 00006688 04109191MCGAVRAN LOh"RI ~ MCSAVRAN 03~I 03/~/91 03122191RE!MBtBIE MILEAGE; MARC~ ~)0066689 04109191 MOBIL MOBIL ~9C'2 02/~/91 C~eck Totals: 03/12/91 AUTO &AS BIU. F~ FE$. 1991 .'.~491 ~eck Totals: n'/C619! -'.Ei~B.FCR FRI'i7:,'~6 ,~ , ~'.'.'t , 48.70 44.55 44.~ 151.~ 48.70 ,L 24 Invo:c_= ?,ac~ Totais: ~£ZMB. MILEAGE:~ARCH 8.24 0. O0 0. O0 0.00 2!. 20 04109191 PROLOCX PRO LL'CX, & KEY 03t07/91 10026 03107/91 Totals: L~CXS AND ~AST~q~ KEYS 25.~8 .:,'7.25 C,. O0 0. O0 04109191 ~ALI~ QUA(.[~ TONE~ ~ v 03/15191 100~ 02/26/91 0.3/).5/91 100~ 03/08191 ~ec.k Totals: TP~-R FOR COP!~ TONER r?ARTR lOGES ~49. ~ 0.00 0.~ 04109191 R~4CHOBL RANCHO BLUEPRINT ,.~ ~ 0~./,,/91 10066 32~82 03121/9l ~0044 0,,/.~/91 03/21/91 ~ec~ Totals: iUL'~RINTS ~'ET~ ,& CO~Y ~ BLLZ'r. PRINTS !26.~7 19,.18 0.00 O. O0 0,00 19.38 0000~696 01/09191RANCHWTR RANClIO WAT~ 27900-2 FE 02125191' 02125/91 70001-2 F 02/0§/91 02/05/9~ ~038~-2 F 02/05/91 02/05/91 50584-2 F 02105191 02/05/91 £7"~2 F 02/01/91 02/01/91 ~9-. ~ 02101191 02101/91 62000-2 F 02/01/91 02/01/91 45000-2 F 02/01/91 02/01/91 70250-2 F 02/05/91 02/05/91 7c~05-2 F 02/05/91 0210519[ 70009-2 F 02/05/91 02105191 70002-2 F 02/05/9l 02/05/9l 01069-2 F 02/01/91 02/01/91 7007~-2 F 02/01/91 02/01/91 · 53085-2 F 02101191 02101191 01080-2 F 02/01/91 02/01/9l 60(X)9-2 F 02/2~/91 02/26/91 Totals: ~ORENO MISC ~SCAPE ~ 91 C~]~TE ~TERA LDSCAPE FE3-~ VIU. A 'wE-NECIA LDSCAF. IE F_~-+iAR SA~ LDSCAPE FE~-MAR 5,91 RANa~O VISTA LOSCAPE FEB 91 RANCa] VISTA ~ ~ 91 ~ ~Y MARGARITA RI) MISC SI]~ANA WAY A;~EN VISTA I.I]SCAPE FEB-~AR 5 AVE~ ~ ~ FE])-~W~R 5 VIA LA VIDA LI~ JAN2~-FE~ RIESI. I~ CT U)SCAPE JA~-FE2~ WAY)EWOOI) DR LSC~ JA2¢-FF_~ C~qiJ. E PANTANO LSPE JA24-F"r-~ BEN KE~ LD~ JA29-FE26 I~5.85 80.48 50.~ 66.13 84.4,2 113.,32 2~.9¢ ~9.40 162.~ 2~.~ 40.62 43.47 !15. '~ 43.17 !90.51 0. O0 0. OO ,.l. iX) O. O0 0,00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 I45.85 80.48 50. O0 ~4.~ ~.¢2 ~ .j, .~ ~.94 I62.~ ~.62 115.~ I~.5~ 00006697 04/09/91RIVE)~SI~ RIVEI~IDE OFFICE SUPPLY 94107--0 03/11191 90345 02/07/?I 94107-[ 03/~/91 90345 02107/91 94217~} 03/13/9! 90286 02/07/91 C~eck Totals: GE)ERAL OFFICE StI:gt. IES S~NERAL OFFICE SJ~PLIES PRINTER STANI); PAPER; t-%'4VEi. OF1ES C~eck Totals: ,X)OO,~?:J 04/09/91ROBEBTBE ROBERT ~IN, ~. FROST & ~SSD 1-2041 03114191 01~ 03/01/91 l~g&'F!C ANALYS!S:I-!5(~RANCI-K)C ')~)669~ 04/0~/9t RO~-'JATS ~IARIA E. ROBERTS O3l~gl 03/1¢/91 03/14/91 ~geck Totals: MILEAEE & MEAL:~TA ~)F..~R. 12191 " TRIP CA~L CENJT4D CK gVE'F-: 50 2,124. !95.0~ ~.08 ~.79 8~I.00 0.0~ 0.00 0.00 0.00 0.00 O. O0 0.00 ,). !.)~3 !95.03 ~.~8 25.08 ~. 79 ~I.00 51.'~ 57,.35 57,', S5 ~, O0 invoice Dat~ F'/O :':~0,&~701 04iY~191 SIRSPEEl) SIR ~?~._~,'Y 01/20191 FOR !~F'EC. F~Pu~ ~e~k Total~: )0006705 041~I~ ~OUTP~ b-T~JT14El~ e~L:F ~ 91 0210I/~1 02!01/~1 ~CT ~ ST LI~T FC~ l~7l~ 02101/~I 02/0U91 ~CT.~Y ¢~75159 02/0[/91 02101191 ~CT. 4o,~160 02/01/91 02/01191 ~CT. 1/31-2/~ 4:~:~7 02101/91 02101191 ~CT. ~) 02101191 0210l/~1 ~,~CT, 211-2/~ 05~)~ 02/01/9I 02/01/ql ~CT. BI~ ~9~1~ 02/01/~I 02/01/91 ~IC LI~Ti d~ ~ ~162~0~ 02/0t/91 02/0U9I T~F:C LI~T; 2/~ - .:/~2 ~I401~ 02/01/91 02/0I/~I ~iC ' ~' 2/1 - ~19~T 02/01/q~ 02/0b'9~ T~F:C LI~T;~T ~ - 9~180~ 02/01/91 02/01/91 ,~FiC LI~; I/~0 - ~/I 4162~7~C 02/01/9[ 0270~/~ T~F:C LI~T; a.~W70~!~ 02/~/9t 02/~/ql !/~I-2/~ ~ ~-ql~01 00)06704 04/09/91 STRACh~3T SF~:FIOTA [~JR/~D: 027I! 0;/;6/91 0:/~5/91 Totals: ~EI~T TO prJLICY~20 00006705 04109191 SURF&SAN ~ & SAND HOTEL A~CCTJ~ 03108191 03108/91 C~ec.k Totals: $I~.ATEBiC P2G WI(~;~AR.8-10 Cheer Totals: 0~006706 04t09/91 llE)f&Y-t ~CIJLA VLLY SCHOOL ~ISTRICT 91-81 02/26/91 I0017-1 02/26/71 ~ OF ~ & C~eck Totals: ,:X)~<)6707 04/09/91 T(iMARK~ TOIJqRK SPORTS, INC. 5TJl ~/21/~1 90~2 01/16/gl BA~E$:BASE A~OE)R~;RAEE (XXX~708 0¢/~/91 U.C. 7~2~ &~006709 0¢t(~/9l WESTE~ 27250~-00 U.C. RESEIfl'S 02/01/91 ~271 ~eC~ Totals: 01/10/91 ~.K. & T. 8. ~ FEB 8, 91 C~ck Totals: WESTERN AThlETIC SLPPtY 03/17/91 90~? 03/~/71 :~qSE$:~,/~AR I7 9I 02/L2191 ~2~2 Ol/Ib/91FIEiJ) ~q~JER:SOFTBALLS X~0067!I 041~191 W[LL~ 4~)0C67~ 400.:.,.57~ ~C<C67~ ~ec~ Totals: WILLDAN ASSOCIATES ,}6/.T.0/~ 0048 06t30/~ rF'~,FFIC ST %/~0/~ 0047 0b1301,~, T~:C ~2~Y' ~ ~ .~A 061.:0/~0 00~0 06,,'70/~0 ~W:. ST~CNT ~ ~ ,.~) ..5~..,,, ~ :::<]64 %/70,"~) "'~ ..... . 44.00 50.91 50.3l 15,378.00 26.5 5,713.05 42,79 ~.96 36.60 124.74 1,9a9.'~2 2,¢IY.~ 2~.~ ~9.18 !7.~ 31,518.~8 ~.0<) 2 ~ ~? 2~. O0 ~96.03 I ,C76. I2 277. CQ ~).:. 202. ~,0 O, 00 0,';)0 O. 00 0.00 0, O0 0.8'0 0,0~ O. 0.00 0,00 0,~} 0.~ 0.00 0.00 0.00 O. O0 0.00 O, O0 0.~ 0.00 0.~ 0.~0 0. O0 0. OO 0.00 0.0~ 0.00 0.00 O. O0 ), O0 .',. }. JO 44.00 50. :31 J?8. C'O 28.96 $6..bO 124.7¢ 68.9B L,~.70 1,949.~ J~. 2~ 2,417.~ 2~.~ ~9. l~ .~..~ !7.~ Ji,S , ~.OO 2,598. 2~.~ 220. OQ i80.09 895.0.~ :, ~. ~0 '-J?. C0 '.~ :4J, r!scai Year: :9~I ~e~ R~ister Statics: 506B Oa.'..~ Vmqdor Name Zn¥otce Date P/O 400~,,k84A 06130190 0048 061T~0t90 ~60~684B 06130190 ~47 061~0/90 ~40 06/.~1~ ~ 06/~0/~ ~OZ6~E 06/~0/~ ~ 061~0/90 ~5685 ~I~1~ 06,'~190 ~)0~4 02101191 02101191 ~J 02167[ 0~/~/91 ~A 0I/Jl/91 0076 ~/2/~ ~8~ 01/~1/91 01/51/91 ~0~6 O~/.]1/9X Ol/31/gt ~7 02/~/91 ~ 0~, ~8/91 ~7~ 01/~1/~1 ~76 ~/~/90 .XX)06712 04t09/9t WOI. VERIN WOLVERINE S~fJRTS 289670 03/~/91 903~ 021O8191 Chec~ Totaks: (]~U'FE PLASTIC Fl_A~S,,~qR 91 04109191 5~7~182 XEROX CORPORATION-BIU. IN8 03/01/91 03/01/91 Cheer Totais: MONII4.Y LF. ASE PYMT;MARC~ Chec. k Totaks: Re~ort Totals: ]iscount 2,775.50 6.749.50 5,151.50 5,S95.~ 1,097.00 ~.SO0. O0 2S. ~. 8O- ~.2IT.~- 62,096.8! ~,~5.~ 70. ~5. ~ 2,4.~.~ 52,~0.02 2,~.~ !02.~ ~02.b-7 1,I69.04 [, 169.04 881, ~3.03 0.'~0 Om O0 0. C~3 O.'JQ O. OO 0.~0 0.~ 0.00 0.~ 0.00 O. C4 O.OQ 0.00 0.~ 0.00 0.00 0. 0.00 0.00 0.~ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5,7~9.50 5,151..=0 I,'~7.00 7! ~,.b10. L6 25,~9. 9,2:7.~- 62.096. ~1 68,205. ~ 70.5~5.95 5,~.~ ~,;..~.~ .T4,5~.~ 18,~.50 ~.~, I03. c~ 52,~.02 ~6,~.~ 2,~.~ 6[~,956.68 I02.~ i02. 1,169.04 ITEM NO. 4 APPROVAL CITY ATTORNEY FINANCE OFFICER W~_~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Mary Jane Henry, Finance Officer April 9, 1991 Balance Sheet as of January 31, 1991 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Seven Months Ended January 31, 1991 RECOMMENDATION: That the City Council: 1. Receive and file the Balance Sheet as of January 31, 1991 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Seven Months Ended January 31, 1991. 2. Adopt Resolution 91- to amend the FY 91 Operating Budget as follows: a) To transfer $45,825 from various departmental computer accounts to non-departmental computers b) To appropriate $17,000 for office furniture c) To appropriate $14,000 for office equipment d) To transfer $87,000 from Roads base mapping to non-departmental tenant improvements e) To appropriate $5,000 for Finance consulting DISCUSSION: The justification for the recommendations amending the FY 91 Operating Budget are as follows: a) Transfer is for accounting purposes only, no fiscal impact. b) Initial furniture budget was based on initial quotes from Amendment is based on final programming and design. vendors. c) Amendment includes deposit for City records vault system, purchase of fax machine and cellular phones for emergency management. d) Transfer for tenant improvements was approved during the meeting of February 19, 1991. e) Additional appropriation for Finance Consulting is due to distribution of Temecula Community Service District (TCSD) parcel audit cost to Finance, as this report will be used to audit property tax revenues. ATTACHMENTS: Balance Sheet as of January 31, 1991 Statement of Revenues, Expenditures and Changes in Fund Balance for the Seven Months Ended January 31, 1991 Resolution 91- to amend FY 91 Operating Budget RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 1990-91 BUDGET TO ACCOMPLISH BUDGET TRANSFERS AND APPROPRIATIONS AS DETAILED IN A~FACHMENT A The City Council of the City of Temecula does resolve, determine and order as follows: SECTION 1. That the FY 1990-91 Annual Budget of the City of Temecula is hereby amended as detailed in Attachment A. SECTION 2. That the FY 1990-91 Annual Budget is hereby amended to appropriate the sum of $17,000 for office furniture. SECTION 3. That the FY 1990-91 Annual Budget is hereby amended to appropriate the sum of $14,000 for office equipment. SECTION 4. That the FY 1990-91 Annual Budget is hereby amended to appropriate $5,000 for Finance Consulting. SECTION 5. That the FY 1990-91 Annual Budget is hereby amended to transfer the sum of $87,000 from Roads base mapping to non-departmental tenant improvements. SECTION 6. The City Clerk shall certify the adoption of this Resolution. APPROVED, PASSED AND ADOPTED, this 9th day of April, 1991. Ronald J. Parks, Mayor ATTEST: June S. Greek, City Clerk [SEAL] 4\Reaoa 153 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 91- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 9th day of April, 1991 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 4\Reao~ 153 ATTACHMENT A BUDGET TRANSFERS TRANSFER FROM: A/C No. Descrip. Comp. Hardware Comp. Hardware Comp. Hardware Comp. Periph. 180-5604 140-5604 110-5604 110-5605 120-5604 Comp. Hardware TRANSFER TO: Dept. A/C No. Descrip. MIS 199-5604 Comp. Hardware Finance 199-5604 Comp. Hardware City Mngr. 199-5604 Comp. Hardware City Mngr. 199-5605 Comp. Periph. City Clerk 199-5604 Comp. Hardware Dept. Non- Dept. Non- Dept. Non- Dept. Non- Dept. Non- Dept. Amount $ 6,590 $21,500 $ 6,855 $ 5,880 $ 5,000 TOTAL $45,825 160-5617 Base Mapping Roads 199-5610 Tenant Improve ments Non- Dept. $87,000 INCREASE APPROPRIATIONS: 001-199-999-44-5600 001-199-999-44-5602 001-140-99942-5248 OFFICE FURNISHINGS OFFICE EQUIPMENT FINANCE CONSULTING Non- Dept. Non- Dept. Fin. $17,000 $14,000 $ 5,000 4\Reao~ 153 ~ 0 0 ~ Z II tn II t~l II II II II II II II It II ~ ~D II co oo II 0 0 II ~ II 01~ O~ II '~' ~1' II ~ ~1' II * * II ~o co 0 II m II ~,i II ~ It ,,. II i,i1 II a:) II ul II ~ II II II II ,4) II ~ II o II -. 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II ~ II ~ II ~ II - II ~1 II II II II II ~0 II 'q' II U't II ,-I II 0 II 0 II - II ', II m II 0 II I~' II 0 II ~ II ~ II II II II II II II ,-~ II if"' II (%3 II ~1 II ~ II O II ". II - II 04 11 0 II '~3 II 0 II I'- II O II '.. II '., II ,-4 II ,-I II II It c; r, o o u .,.4 o 0 .,.4 o ,-4 o 0 0 ~) 0 ~ .,.~ h 0 .,4 0 m t~l · ,'; 0 ~) 0 -.4 u 0 ...~ 0 .,.I .,4 ~) 0 (Z) m 0 0 0 0 m c 0 0 0 ~ ~ 0 ..-4 0 .,-4 .,.4 0 .,-I 0 .4 0 ~ ~ o 0 ~ o 0 :~ ~ 0 0 o~ ,w 0 · 0 o o ~ o ~ o :, 0 · : 0 -,.-4 ~> 0 0 ~ ~> .~ · 0 ~ ~0 O~ · O~ 000 m ~000~ ~ ~ UUO~U~ ~0 ,-, II ~-4 II (7~ II 0 II · , II u'l II uq II ~ II II II II II II II 0 0 .,..~ a~ II ~) II IX) II O II ,.. II (O II ~ II q' II II II II II II II II II II II II II II II ~O II a3 II OII - II a3 II · ~' II ~ II II II II ,,D II a3 II O II ,.. tl G) II ~1' II ~ II II II II ,-I U .,-I r.j ~1 m ~ · 0 0 ~ · ,.i 0 0 a) m a) 0 ,.-. e.0 0 q) 0 -,-4 -,-4 0 re 0 q~ 0 0 -,-4 ~ 0 0 0 (~ · ,-4 0 U ~ I ,..4 -,4 0 ~ O~ · ~ ~ · 0 ee II ~:) tl 0 II h' II '" 11 0 II O~ II II II II II II II 0 0 0 ~-I I 0 0 0 0 0 ,-~ 0 0 0 0 0 0 0 0 0 II II II II II II II II II II II II II II II II II II II II II II II II ~ II m II ~'1 II I~) II *- II 0 II ~1' II ~ II II II ~ II 0 II 0 II 0 II ,,, II 0 II if"", II ~ II II II II II 0 0 r,~j 0 Z II 0 II 0 II 0 II '-- II C) II C) II ~-I II II II II ,-I ITEM NO. 5 APPROVAL CITY ATTORNEY FINANCE OFFICER~_~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Mary Jane Henry, Finance Officer April 9, 1991 City Treasurer's Report as of February 28, 1991 RECOMMENDATION: That the City Council receive and file the City Treasurer's report as of February 28, 1991. DISCUSSION: Reports to the City Council regarding the City's investment portfolio and receipts, disbursements and fund balance are required by Government Code Sections 53646 and 41004 respectively. Accordingly, the City's investment policy includes these Government Code Sections as an integral part of City policy for which our portfolio is in compliance with as of February 28, 1991. FISCAL IMPACT: None ATTACHMENT: City Treasurer's Report as of February 28, 1991 CITY OF TEMECULA CITY TREASURER'S REPORT As of February 28, 1991 Cash Activity for the Month of February: Cash and Investments as of February 1, 1991 Cash Receipts Cash Disbursements Cash and Investments as of February 28, 1991 $8,124,054 1,259,850 (787,063) $8,596,841 Cash and Investments Portfolio as of February 28, 1991: Type of Investment Institution Demand Deposits Treasury Service Shares Petty Cash Certificate of Deposit Local Agency Investment Fund Security Pacific Pacific Horizons N/A Overland Bank State Treasurer Cash and Investments as of February 28, 1991 Notes: (1)-Balance includes outstanding checks. Prepared by Genie Roberts. Yield Maturity N/A N/A 6.300% N/A N/A N/A 8.250% 8/31/91 8.164% N/A Balance as of 2/28/91 (177,883) (1, 274,224 500 100,000 8,400,000 $8,596,841 ITEM NO. 6 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Engineering Department March 18, 1991 Acceptance of Public Improvements in Tract No. 23177 PREPARED BY: Albert Crisp RECOMMENDATION: That the City Council ACCEPT the Public Improvements in Tract No. 23177. AUTHORIZE the reduction of street. sewer. and water bonds, ACCEPT the surety bond endorsement reducing the faithful performance bond amounts. APPROVE the subdivision agreement rider. and DIRECT the City Clerk to so advise the clerk of the Board of Supervisors. DISCUSSION: The City Council directed staff on March 26, 1991 to resolve a discrepancy on the Surety bond Endorsement and to ensure that the Materials and Labor Bond was neither reduced or released. On December 21, 1989. the Riverside County Transportation Department transmitted Tract No. 23177 for City Clerk's signature. The tract map was signed by the City Clerk December 24. 1989 and was recorded December 28, 1989. In accordance with the City Manager's letter of January 3, 1990 to the County Road Commissioner, the County Clerk was to file the surety bonds. On January 5, 1990, the bonds and agreements were delivered to the Clerk of the Board by First American Title Company at City's request. The Clerk of the Board is now unable to locate these documents. The developer has met the Conditions for reducing the Faithful Performance Bonds and is therefore entitled to a reduction of such bond amounts as appropriate, resolution of the locating of the bonds and agreements not withstanding. The Developer: STAFFRPT\TM23177 1 Homes By the Green 4532 Plumosa Drive Yorba Linda, CA 92686 executed subdivision agreements for the improvement of streets, and the installation of sewer and water systems. Accompanying the subdivision agreements were surety bonds issued by: American Motorists Insurance Company 7470 N. Figuroa Los Angeles, CA 90041 as follows: Bond No. 3SM 754 132 00 in the amount of $284,000.00 to cover street improvements. Bond No. 3SM 754 132 00 in the amount of $50,500.00 to cover water improvements. Bond No. 3SM 754 132 00 in the amount of $38,200.00 to cover sewer improvements. Bond No. 3SM 754 132 00 in the amount of $372,700.00 to cover materials and labor. The following items have been completed by the developer or his engineer in accordance with the approved plans: Required street, sewer, and water improvements. The affected streets are existing Rainbow Canyon Road and Pala Road, and two {2) private streets - Putting Green Court and Birdie Drive. The inspection and verification process relating to the above items has been completed by the County of Riverside Road Department and City Staff, and the Engineering Department recommends the reduction in subdivision improvement bond amounts. The existing model home complex has certain fencing and related improvements which will ultimately be removed and may require repairs in that removal process. In addition, the required street trees for each lot have not been installed as building construction on these lots has not commenced. Accordingly, the normal 10% warranty retention for street improvements has been augmented for these future removals and tree installations. The release of this additional $5,000.00 bonding will follow satisfactory completion of these items. Therefore, it is appropriate to reduce/release these bonds as follows: Streets: $250,600.00 Water: 45,450.00 Sewer: 34,380.00 STAFFRPT\TM23177 2 The remaining 10% of the original faithful performance bond amounts are to be retained for one (1) year guarantee period. The street bond includes the 10% guarantee amount and retains $5,000.00 as discussed above: Streets: $33,400.00 Water: 5,050.00 Sewer: 3,820.00 Staff advised the developer subsequent to the March 26, 1991, City Council Meeting that the endorsement as submitted required modification in order to delete any real or implied reduction in Materials and Labor bond amounts. The Developer responded that the bond was "inseparable", that is, only one bond covering both faithful performances and Material and Labor Surety commitments. Staff has suggested a change in the endorsement statement to assure that the Materials and Labor coverage would remain at full value until reduced or exonerated by City Council action. The revised endorsement has not been delivered to the City as of April 4, 1991. The developer now resides in Florida. AC:ks Attachments: Location Map Agreement Endorsement STAFFRPT\TM2 317 7 3 FOR CORPORATE ACKNOWLEDGEMENT STATE OF CALIFORNIA } COUNTY OF Orange SS. On March 16, 1991 , before me, the undersigned, a Notary Public in and for said State, personally appeared DOUGLAS S. WHITNEY personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President, and personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Secretary of the Corporation that executed the within instrument and acknowledged tomethatsuch corporation executed the~ininstrurnentpur~toitsb~orar~onofits board of directors. WITNESS my hand and official seal. Signature ~ ~ ~/t '.~f$,~ ,X , FOR INDIVIDUAL ACKNOWLEDGEMENT , befor~g~.~me, the · undersi neg d, a Not~.,,~ublic in and for said~Sa~e, personally appeared ~ ~ p~isonally known to me o~ro<o me on the basis of . - t'f t ev'~. nce to~the person_~ose name b 'b~ to the~et~hin insirume~' an'2~cknowle~ that e~,efuted the_ same. ~ ~r~i~nature OFFICIAL SEAL DIANA M. MEOLA Notary PuDItc-C, alifomla LC~ ANGELES COUNTY My Col~rn. Exp. Aug. 18. 19g2 (This area for official notarial seal) STATE OF CALIFORNIA, COUNTY OF_ lVlAR 12 1991 On County and State, personally appeared Los AnKeles s5. naTiOnal £OmPTIHl , before me a, Notary Public, within and Ibr the said KIPTON KELLER , known , to me (or proved to mg on the basis ofsatifactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and for the AHERICAN MOTORISTS INSURANCE CO}LL'ANY and acknowledged to me that he · ·. subscribed the name of the AHEKZCAN MOTORISTS INSURANCE COKPANY&ereto as Surety, and his own name as Attorney in Fact. OFFICIAL SEAL TAMMY M. TYLER NOTARY PUBLIC CALIFORNIA P~NCIPAL OFFICE IN LOS ANGELES CDUNTY ,"~ I~ e, mmamma Eal~'es k~g Z 1993 t NOTARY PUOLIC Bond No. 3SM 754 132 00 SURETY BOND ENDORSEMENT To be attached to and form a part of Faithful Performance & Labor Material Bond, issued by the undersigned Company, as Surety, on behalf of Homes By The Green as Principal, and in favor of County of Riverside , as Obligee. Effective March 12th attached Bond as follows: , 19 91 , the Principal and the Surety hereby agree to amend the Streets & Drainage Reduced by $250,600.00 to now Read $33,400.00 Water System Reduced by $45,450.00 to now Read $5,050.00 Sewer System Reduced by $34,380.00 to now Read $3,820.00 Total Bond Amount Reduced by $330,430.00 to now Read $42,270.00 0bligee's Name Amended to now Read City of Temecula. All else remains the same. Provided that the liability under this endorsement shall be part of, and not in addition to, the liability under the attached bond, and in no event cumulative. Noth{ng herein contained shall vary, alter or extend any of the provisions, conditions, or other terms of this bond except as above stated. Signed, sealed and dated this 12th Homes By The Green, L.P. By: O Douglas,...~."-~ Whitney, Pre~dent By day of BIJUR, Inc., ,,General ~rtner of Homes By Th~ Green~L.P. Homes By The' Green/ Na~e of Prin~ll,al ff~ George O. R~ha~:i, CEO Title BIJUR, Inc.,: General Partner of Homes By T?,,~ Green, L.P. ACCEPTED: City of Temecula March ,19 91 . STATE OF FLORIDA COUNTY OF COLLIER Before me this day personally appeared George O. Rethati, who, being duly sworn, states that he is the CEO of BIJUR, Inc. and that BIJUR, Inc., is the General Partner of W~~yOmes By The Green, L.P. to an5~_ ~dbscr~bed before m% this of ~~/f;.~ , A.D., 197/ · Pub~ ~~ ~~t~ ~ ~i~i~ My Commission Expire~ C~ ~ ~ 18, !~95 Kipton Keller Attorney in fact Name of Obligee Endorsement No' 1 Title FK 613-4 3-87 5M PRINTED IN U.S.A. FOR CORPORATE ACKNOWLEDGEMENT STATE OF CALIFORNIA } COUNTY OF Orange SS. On March 16, 1991 , before me, the undersigned, a Notary Public in and for said St. ate, personally appeared DOUGLAS S. WHITNEY personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President, and personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within ~nstrument as the Secretary of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the 'thi~nt p..~nt to 'lt.~a~r;s or~.f~lution of its board of directors. WITNESS my hand and official seal. Signature , ~ FOR INDIVIDUAL ACKNOWLEDGEMENT ST A~I~F CALIFORNIA cou T¥ } , before On u)nndersigned, a Nota~ic in and for said State,.i:~onally appeared ~ personally known to me ot7 pr~)~"t'~e on the basis of satisfact6rv evidence to be t. ht"~erson wti~ name subscribed to th -/t~'~'nse w ~ ~ ~rume~' and a~-kO. owl'~'8'ge'~ that ~ exe3~d the._same.. , , ~,~ITN ES/.~.~nd and official seal. · ature ~'(~ OFFICIAL SEAL , Db~NA M. ME-OLA Notary Pubtlc-.CaUfomla ' Notary Ptd311¢-CaUfomla L~$ ANGELES COUNTY My C~'~m. Exp...a,u~. 18. 19a~_ (This area for o~'ficial notarial seal) 3. All references to any other Riverside County offices or positions contained in the Agreements or Bonds concerning Tract' 23177 now hereby refer to the equivalen~,.ITY offices or positions. . Homes B~ The/Green, L.P. CONWR~OR'~~,.~' Dated: March 15, 1991 By: Ge .o~e,O. Rethati, CEO BIJUR,:,Inc., General Partner of ~-Y ~-~/~ ~' ' j'~' lPrir t Signatore's Name) : -g,/.';J~,, ,, Homes 3y The Green, L.P Douglas/~S. Whitney, P/esident ' BIJUR, Inc., General Partner ~TY OF TEMECULA Homes By The Green, L.P. Dated: RON PARKS. MAYOR Dated: DAVID F. DIXON, CITY CLERK APPROVED AS TO FORM: SCOTT F. FIELD, CITY ATTORNEY STATE OF FLORIDA COUNTY OF COLLIER Before me this day personally appeared George O. Rethati, who, being duly sworn, states that he is the CEO of BIJUR, Inc. and that BIJUR, Ir}c., is the General Partner of Homes By ThekGree~m, L.P. (~worr~ J;o and ktlb/~cri.,bed before me this '~dtlfr~ Public 0 g~!~7 Pu~, St~. of Florid. My Commission Expires: l~ Com~issim Z,p~ J.l~ 18, 19~)3 AGREEMENT REGARDING SUBDIVISION IMPROVEMENTS THIS AGREEMENT is made and entered into between the CITY OF TEMECULA, hereinafter called "CITY", and Homes By The Greez~, T,.?. hereinafter called "CONTRACTOR". WITNESSETH: WHEREAS, the County of Riverside and CONTRACTOR have entered into a series of agreements and CONTRACTOR has submitted a series of bonds in connection with consideration by the County of Riverside of final map approval concerning Tract 23177; WHEREAS. the City of Temecula incorporated on December 1. 1989; WHEREAS, in order to expeditiously process the acceptance of improvements pursuant to the final map, the CITY has permitted subdividers to use the existing County Subdivision Agreement and Bond forms in lieu of CITY forms; WHEREAS, certain references in the County forms incorrectly refer to County positions instead of City positions; NOW, THEREFORE, it is agreed between CITY and CONTRACTOR as follows: 1. All references to the "County of Riverside" contained in of the documents between CITY and CONTRACTOR concerning Tract 23177 are now defined as referring to the "City of Temecula". 2. All references to the "Riverside County Road Commissioner" contained in any documents between CITY and CONTRACTOR concerning Tract 23177 are now hereby defined to refer to the "City Engineer". AMF./dC~ MOTORISTS INSUi~ANCE COMPANY Home Office: Long ~rove, IL 60049 POWER OF ATTORNEY ~ow ~ Men B7 These ~sents: · · ~aTiOnaL Insurance :omPa~lES ! Illincis, ar~ ~evi~ its principal office in Long Grove, Illinels, does Kipton Keller of of Los Angeles, California *********************--************ its tr~ ~d lmful s!~ntis) ~-g atto~y(s)-in-fact, to eke, ~ec~ta, sml, end deliver ~ri~ tim ~ri~ ~imi~ wi~ the date o{ ise~r~e of ~is poker end endi~ Deeember 31, 1~9l, ~less som~er ~ev~ for end on its behalf es su~,~.aasits ~t~.~de.e:Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) **************************************************************** ~P1'ION: NO AUTItORITY is grl~teg to make, execute, semi end deliver mr~y bond or tnt~rtli~ ~ic~ ~ntHs th. patient or oolleoiio~ of any pr~issory note, ~c~, drift or letter of cr~dit. Noic~isis Insu~ Co.q~n~ es fully ~nd Kly to ~11 inte~ts mn~ ~r~oses, a. i{ the s~ ~ been mckr~l~ by its r~l~Jlarly alerted officers at its principal offic~ in Lor~ Grey., Illinois. THIS APPQZNT~ENT SHALL CEASE AHO TER~/NATE HZT~GUT HOTiCE iS OF DECE~ER 31, 1992. OOrl~Or~ t. semi F. C. McCullouBh, Secretary STATE OF ILLINOIS SS coul~'Y OF L&KE By ANERXCAN HOTOP. XSTS INSURANCE COItPAHY roper, Ill, Senior Vice President X, Grace E. Corem, a Notmy P~blic, do he~l~y certify ttnt d. S. K~r, Ill a~ F. C. ~ull~ ~rs~lly ~ ~o f~ ~ vol~t~ ~=t for ~ mission mq~ir~s: 5-14-9~ Public 836-5 S-qo ~ PoMor of Attorney - Ter~ 'OFFICIAL SEAL" Grace E. Conaon Not3ry Pul)lic. State of Illinms My ~mm,ssm~ £zmres $134/94 Gr"ac~ E. CG,-~, Noimr-y PRINTED IN U.S.A. CF.~TIPICATION ZN TESTZHONY HIIEREOF, Z h~ve her~n~:o subecr;bed my neme end affixed the corportte Lee B. McClain, Secretary 836-5 ITEM NO. 7 FINANCE OFFICER ~_ ~-- CITY MANAGER '~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Mary Jane Henry, Finance Officer April 9, 1991 City Clerk's Records Vault RECOMMENDATION: That the City Council approve the purchase of a high density mobile records storage vault. DISCUSSION: The City Clerk has a need for a planned, organized records storage system (vault) that is flexible, expandable and meets or exceeds local and state Building Codes. The requested records system is specifically designed to increase records storage space. Once operational the system will maximize vault space, expand as needed and can be relocated in the future. This is a sole source purchase, because of the proven superior quality of this company and product. The Spacesaver, mechanically operated, high density mobil records system is considered by many in our profession as the industry leader. The City Clerk has investigated this system as well as other record storage systems used in Cities throughout Southern California and has reported unparalleled satisfaction with the Spacesaver, high density, mobile records system in the following areas: Maximum space utilization through high density records storage Easy and efficient records filing and retrieval Components are expandable and mobile Availability and workmanship is superior * Fast installation with minimal disruption to City Hall * Comprehensive training to all potential users. FISCAL IMPACT: Total cost of the system is $18,750. Thirty percent or $5,625 is required as a down payment. The related budget transfer is included in Statement of Revenues and Expenditures as of January 31, 1991. The balance of the cost will be budgeted in the Fiscal Year 1991 Operating Budget, as installation is expected to take place during July, 1991. ITEM NO. 8 APPROVAL CITY ATTORNEY NANC . CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Mana9er En9ineerin9 Department April 1, 1991 Acceptance of Public Improvements in Tract No. 20130-F PREPARED BY: Albert Crisp R ECOMMEN DATION: That the City Council ACCEPT the Public Improvements in Tract No. 20130-F, AUTHORIZE the reduction of street, sewer, and water bonds, ACCEPT the maintenance bond, and DIRECT the City Clerk to so advise the clerk of the Board of Supervisors. DISCUSSION: On May 26, 1987, the Riverside County Board of Supervisors entered into subdivision agreements with: Kuiberg Ltd. 27710 Jefferson Avenue, Suite 301 Temecula, CA 92390 for the improvement of streets, and the installation of sewer and water systems. Accompanying the subdivision a9reements were surety bonds issued by: Developers Insurance Company as follows: Bond No. 942633S in the amount of $251,000.00 to cover street improvements. Bond No. 942634S in the amount of $54.500.00 to cover water improvements. A:TM20130-F 1 Bond No. 942635S in the amount of $42,500.00 to cover sewer improvements. Bond No. 942636S in the amount of $30,600.00 to cover survey monumentation. Bonds No. 942633S, 942634S, and 942635S in the total amount of $174,000.00 to cover materials and labor. The following items have been completed by the developer or his engineer in accordance with the approved plans: Required street, sewer, and water improvements. The affected streets are Shadow View Court, and portions of Rainbow Creek Drive. Rustic Glen Drive, Long Ridge Drive, and Knoll Ridge Drive. The inspection and verification process relating to the above items has been completed by the County of Riverside Road Department and City Staff agrees with the recommendation to reduce the subdivision improvement bonds. Therefore, it is appropriate to reduce these bonds as follows: Streets: $225,900.00 Water: 49,050.00 Sewer: 38,250.00 The remaining 10% of the original faithful performance bond amounts are to be retained for one (1) year guarantee period as follows: Streets: $25,100.00 Water: 5,450.00 Sewer: 4,250.00 The developer has submitted Maintenance Bond No. 942633S designating the City of Temecula as obligee. City Council acceptance of this bond will permit the Clerk of the Board of Supervisors to release the Faithful Performance bonds for these items of work. The Materials and Labor bonds and Monumentation bond will remain in effect pending City Council exoneration. AC:ks Attachments: Location Map Maintenance Bond Subdivision Agreement A:TM20130-F 2 * STATE OF CALIFORNIA, COUNTY OF LOS ANGELES SS. * * . * On this 1ST day of APRIL 19 91 before * * me a Notary Public, within and for the said County and State, · * Personally appeared PHILIP E. VEGA . * Personally known to me (or proved to me on the basis of satisfactory * * evidence) to be the person whose name is subscribed to the within * * instrument as the Attorney-In-Fact of and for the DEVELOPERS IHSURAHCE * * COMPANY and acknowledged to me that he subscribed the name of the * * DEVELOPERS INSURANCE COMPANY thereto as surety, and his own name * * as Attorney-in-Fact · : : * : ff~~, CATHY RAMPENTHAL : * : '~'-~ LOS ANGELES COUN~ : ~~ . ~ My C~mission ~pir~ Januaq 5. 1~3 ~ * Notary Public ~ * **************************************************************************** dd. llil , The !n$co/Dico Group DIC:O 'qlllllr MAINTENANCE BOND BOND N'O: 942633S PREMIUM:$ NIL LNCLUDED IN PERFORMANCE BOND K_NOW ALL MEN BY THESE PRESENTS: THAT we, KULBERG LTD. , as Principal, and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct surety business in the State of California, as Surety, are held and firmly bound unto CITY OF TEMECULA as Obligee, in the sum of THIRTY FOUR THOUSAND EIGHT HUNDRED & NO*~$ 34,800.00 ) Dollars, for which payment. well and truly to be made. we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to: STREETS/DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR TRACT 20130-F WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of one year following final acceptance of said improvements; NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of the said improvements by Obligee, then this obligation shall be void, othem'ise to remain in full force and effect. Eh' WITNESS WHERE OF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety'is hereto affixed and attested by its duly authorized Attorney-in-Fact this 1ST day of April , 19 91 KULBERG LTD. ( I~I:IP~ E. 'K~GA J~a"~ POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725, IRVINE, CA 92713 * (714) 263-3300 No O76417 E: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1992. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally. but not jointly. hereby make. constitute and appoint ***PHILIP E. VEGA, JAY P. FREEMAN, KIM M. WALKER, ROBERT J. CULP, RICHARD P. CREAN, JOHN M, SCHACK, JOINTLY OR SEVERALLY*** the true and lawful Attorney{s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding One Million Five Hundred Thousand Dollars ($1,500,000) in any single undertaking; giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attorney(s)-in-Fect, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Sank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease bonds, insurance company qualifying bonds, self-insurer's bonds, fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Soards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attor- ney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the futu re with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSU RANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 2rid day of January, 1991. INDEMNITY COMPANY OF CALIFORNIA Harry C Crowell President ATTEST By By Walter A. Croweli, Secretary DEVELOPERS INSURANCE COMPANY Harry C. Crowell, President ATTEST Walter A. Crowell, Secretary STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) On January 2,1991, before me, the undersigned, a Notary Public in and for said State, personally appeared Harry C. Crowell and Walter A. Crowell, personally known to m e (or p roved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary on behalf of Developers Insurance Company, the Corporations therein named, and acknowledged to me that the corporations executed it. WITNESS my hand and official seal. Signature OFRCIAL SEAL VIRGINIA M. LOUMAN NOTARY PU~UC - CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUhTY My CQmmission rxp. A~. g, 1993 CERTIFICATE The undersigned, as Vice President of INDEMNITY COMPANY OF CAUFORNIA, and Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. Certificate is executed in the City of Irvine, California. this ]. S'~ day of AP~[~'TT-'~ , 199 ]' . IN,.,.~d4NITY COMPANY OF CALIFORNIA L.C. Fiebiger Senior Vice President DEVELOPERS INSURANCE COMPANY L.C. Ftebiger Senior Vice President IO-310 REV. 12/90 AGREEMENT REGARDING SUBDIVISION IMPROVEMENTS THIS AGREEMENT is made and entered into between the CITY OF TEMECULA, hereinafter called "CITY", and Kulbe:c~ T,td.. hereinafter called "CONTRACTOR". WITNESSETH: WHEREAS, the County of Riverside and CONTRACTOR have entered into a series of agreements and CONTRACTOR has submitted a series of bonds in connection with consideration by the County of Riverside of final map approval Tract 20130-F ; WHEREAS. the City of Temecula incorporated on December 1. 1989; WHEREAS, in order to expeditiously process the acceptance of improvements pursuant to the final map, the CITY has permitted subdividers to use the existing County Subdivision Agreement and Bond forms in lieu of CITY forms; WHEREAS, certain references in the County forms incorrectly refer to County positions instead of City positions; NOW, THEREFORE, it is agreed between CITY and CONTRACTOR as follows: 1. All references to the "County of Riverside" contained in of the documents between CITY and CONTRACTOR concerning Tract 20130-F are now defined as referring to the "City of. Temecula". 2. All references to the "Riverside County Road Commissioner" contained in any documents between CITY and CONTRACTOR concerning Tract 20 ] 30-r are now hereby defined to refer to the "City Engineer". STATE OF CALIFORNIA COUNTY OF R'i v-erE, '[ ~_ On March 27, 1991 said State, personally appeared , before me, the undersigned, a Notary Public in and for Doug Kulberg .?~k , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President ]faga Kulberq Ltd. the corporation therein named, and acknowledged to me that such corporation executed thewithin instrument pursuant to its by-laws or a resolution of its board of directors. .~ILcjLee. t~, on behalf of o~c,^~. NOT^R¥ SERL ~-~i~t~.~ PENNIE A. PARKER · ~-:~~ Noa~ ~-- ~.~/ RIVERSIDE COUN~ -"~ ~ C~m Ex~ ~V ~ I~ ~his area for official notarial seal) 3. All references to any other Riverside County offices or positions contained in the Agreements or Bonds concerning Tract 20130-F now hereby refer to the equivalent CITY offices or positions. Dated: Kulberg Ltd. CONTRACTOR'S NAME Dong .[<ul h _~3~' ~ Print $ignatore s~me) CITY OF TEMECULA Dated: RON PARKS. MAYOR Dated: DAVID F. DIXON. CITY CLERK APPROVED AS TO FORM: SCOTT F. FIELD. CITY ATTORNEY ITEM NO. 9 APPROVAL ..- FINANCE OFFICER CITY MANAGER '~~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Engineering Department ~ April I. 1991 Acceptance of Public Improvements in Tract No. 21340-4 PREPARED BY: Albert Crisp RECOMMENDATION: That the City Council ACCEPT the Public Improvements in Tract No. 21340-4, AUTHORIZE the reduction of street, sewer, and water bonds, ACCEPT the maintenance bond, APPROVE the subdivision agreement rider, and DIRECT the City Clerk to so advise the clerk of the Board of Supervisors. DISCUSSION: On May 3, 1988, the Riverside County Board of Supervisors entered into subdivision agreements with: Kulberg Ltd. 27710 Jefferson Avenue, Suite 301 Temecula, CA 92390 for the improvement of streets, the installation of sewer and water systems. Accompanying the subdivision agreements were surety bonds issued by: Developers Insurance Company as follows: Bond No. 958058S in the amount of $112,000.00 to cover street improvements. Bond No. 958059S in the amount of $20,000.00 to cover water improvements. A:TM21340-4 1 Bond No. 958060S in the amount of $24,000.00 to cover sewer improvements. Bond No. 958061S in the amount of $7~200.00 to cover survey monumentation. Bonds No. 958058S, 958059S, and 958060S in the total amount of $78,000.00 to cover materials and labor. The following items have been completed by the developer or his engineer in accordance with the approved plans: Required street, sewer, and water improvements. The affected street is a portion of Oak Cliff Drive. The inspection and verification process relating to the above items has been completed by the County of Riverside Road Department and City Staff agrees with the recommendation to reduce the subdivision improvement bonds. Therefore, it is appropriate to reduce/release these bonds as follows: Streets: $100,800.00 Water: 18,000.00 Sewer: 21,600.00 The remaining 10% of the original faithful performance bond amounts are to be retained for one 11 ) year guarantee period as follows: Streets: $11,200.00 Water: 2,000.00 Sewer: 2,400.00 The developer has submitted Maintenance Bond No. 958058S designating the City of Temecula as obligee. City Council acceptance of this bond will permit the Clerk of the Board of Supervisors to release the Faithful Performance bonds for these items of work. The Materials and Labor Bond and Monumentation Bond will remain in effect pending City Council exoneration. AC:ks Attachments: Location Map Maintenance Bond Subdivision Agreement A:TM21340-4 2 VICINITY MAP NO SCALE * STATE OF CALIFORNIA, COUNTY OF LOS ANGELES SS. * ~ On this 1ST day of APRIL 19 91 before * me a Notary Public, within and for the said County and State, * Personally appeared PHILIP E. VEGA * Personally known to me (or proved to me on the basis of satisfactory * evidence) to be the person whose name is subscribed to the within * instrument as the Attorney-In-Fact of and for the DEVELOPERS IHSURAHCE * COMPANY and acknowledged to me that he subscribed the name of the * DEVELOPERS INSURANCE COMPANY thereto as surety, and his own name * ', .~..,~--~ OFFICIAL SEAL ~ * * :_ ~-'_/.~.~7;~.'~. CATHY RAMPENTHAL ~ * .. : .~ LOS ~.~L~S COU.W : * . · My Commss~n Expires Janua~ 5, [~3 , * ..... ~arz Pub:i~ · The In$co/Dico Group DICO .MAINTENANCE BOND BOND NO: 958058S PREMIUM: $ NIL LNCLUDED IN PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT we. KULBERG LTD. , as Principal. and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct surety business in the State of California, as Surety, are held and firmly bound unto CITY OF TEMECULA as Obligee, in the sum of FIFTEEN THOUSAND SIX HLqqDRED AND NO***** ($ 15,600.00 ) Dollars. for which payment, well and truly to be made. we bind ourselves. our heirs, executors and successors. jointly and severalIs' firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to: STREETS/DRAINAGE, WATER AN'D SEWER IMPROVEMENTS FOR TRACT 213/40-4 WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of one year following final acceptance of said improvements; NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of the said improvements by' Obligee, then this obligation shall be void, otherwise to remain in full force and effect. IN' WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact this 1ST day of APRIL , 19 91 POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725, IRVINE, CA 92713 * (714) 263-3300 NO O76418 viCE: 1. All power and authority herein granted shall in any event terminate on the 31 st day of March, 1992. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ***PHILIP E, VEGA, JAY P, FREEMAN, KIM M. WALKER, ROBERT J. CULP, RICHARD P. CREAN, JOHN M. SCHACK, JOINTLY OR SEVERALLY*** the true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding One Million Five Hundred Thousand Dollars ($1,500,000) in any single undertaking; giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease bonds, insurance company qualifying bonds, self-insurer's bonds, fidelity bonds or bail bonds. This POwer of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; R ESO LVED, FURTHER, that the signatu res of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such POwer of Attor- ney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the futu re with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- rive Presidents and attested by their respective Secretaries this 2nd day of January, 1991. INDEMNITY COMPANY OF CALIFORNIA By Harry C C c~e~ ~., . ~ST ~'~'~ ~z ~C~ ATTEST By By Walter A. Crowell, Secretary DEVELOPERS INSURANCE COMPANY Harry C. Crowell, President Walter A. Crowell, Secretary STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) O n January 2, 1991, before me, the u ndersig ned, a Notary Public in and for said State, personally alobeared Harry C. Crowell and Walter A. Crowell, personally known to me (o r p roved to me on the basis of satisfactory evidence) to be the persons who executed the withi n i nstru ment as President and Secretary on behalf of I ndem nity Corn party of California and as President and Secretary on behalf of Developers Insurance Company, the Corporations therein named, and acknowledged to me that the corporations executed it. WITNESS my hand and official seal. Signature OFFICIAL SEAL VIRGINIA M. LOUMAN NOTARY PUBLIC. CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commis~on Exp. A~*. 9, 1993 CERTIFICATE The undersigned, as Vice President of INDEMNITY COMPANY OF CAUFORNIA, and Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached POwer of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporetiona set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 1~ST day of NITY COMPANY OF CALIFORNIA L.C. Fiebiger Senior Vice President APRIL ,199 1 DEVELOPERS INSURANCE COMPANY L.C. Fiebiger Senior Vice President ID-310 REV. 12/90 AGREEMENT REGARDING SUBDIVISION IMPROVEMENTS THIS AGREEMENT is made and entered into between the CITY OF TEMECULA, hereinafter called "CITY", and ~,~lt~rg T.~ , hereinafter called "CONTRACTOR" WITNESSETH: WHEREAS, the County of Riverside and CONTRACTOR have entered into a series of agreements and CONTRACTOR has submitted a series of bonds in connection with consideration by the County of Riverside of final map approval WHEREAS, the City of Temecula incorporated on December 1, 1989; WHEREAS, in order to expeditiously process the acceptance of improvements pursuant to the final map, the CITY has permitted subdividers to use the existing County Subdivision Agreement and Bond forms in lieu of CITY forms; WHEREAS. certain references in the County forms incorrectly refer to County positions instead of City positions; NOW. THEREFORE, it is agreed between CITY and CONTRACTOR as follows: 1. All references to the "County of Riverside" contained in of the documents between CITY and CONTRACTOR concerning Tract 21340-4 are now defined as referring to the "City of Temecula". 2. All references to the "Riverside County Road Commissioner" contained in any documents between CITY and CONTRACTOR concerning Tract 21340-4 are now hereby defined to refer to the "City Engineer". o STATE OF CALIFORNIA COUNTY OF ~R On March 27, 1991 said State, personally appeared Do , before me, the undersigned, a Notary Public in and for Kulberg x~"~x , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President a~ Kulberg Ltd. , the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WlTI~IE~d and official seal. behalf of OFFICIAL NOTARY SEAL PENNIE A. PARKER NolA~y Public -- California RiVERSiDE COUNTY IV~ Comm. ExPires NOV 06,1994 (This area for official notarial seal) 3. All references to any other Riverside County offices or positions contained in the Agreements or Bonds concerning Tract 21340-4 now hereby refer to the equivalent CITY offices or positions. Dated: , ~/~ ?/f/ Kulberg Ltd. CONTRACTOR'S NAME Dou g (~ (Print Signatore's Name) CITY OF TEMECULA Dated: RON PARKS, MAYOR Dated: DAVID F. DIXON, CITY CLERK APPROVED AS TO FORM: SCOTT F. FIELD, CITY ATTORNEY ITEM NO. 10 APPROVAL CITY ATTORNEY FINANCE OFFI CE_,R..~J~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Scott F. Field, City Attorney April 9, 1991 Western Riverside Council of Governments RECOMMENDATION: That the City Council approve the revised Joint Powers Agreement ("JPA") for the Western Riverside Council of Governments ("WRCOG") and authorize the Mayor to execute it. DISCUSSION: As the attached memo from WRCOG states, the JPA has been revised to rename the organization, and facilitate the addition of newly incorporated cities. it is recommended that the City Council approve it. FISCAL IMPACT: ATTACHMENTS: None, Memo from WRCOG Revised Agreement for WRCOG WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS February 19, 1991 nnR 20 1991 JL~L~L_~U LJ L_~L~ TO: FROM: SUBJECT: City Managers County Chief Administrative Officer A.J. Wilson, Executive Director WRCOG JOINT POWERS AGREEMENT Attached is a copy of the proposed revised Joint Powers Agreement for the Western Riverside Council of Governments. It is necessary to adopt this revision to: Approve the membership of the new city of Canyon Lake which has been requested by Resolution of their City Council. 2. Authorize the memberships of the new cities of Calimesa and Murrieta. The Agreement has been revised to allow all future new cities to join. In addition, the name Western Riverside Association of Governments (WRAG) has been changed to Western Riverside Council of Governments (WRCOG). Please notify me immediately if your attorney has any problem. not please place before your Council Board for adoption. If AJW/dmr Attachment 3,544 University Avenue, Riverside, CA 92501 * (714) 787-7985 * FAX (714) 787-7920 JOINT POWERS AGREEMENT OF THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS This Agreement is made and entered into on the day of , 1991, pursuant to Government Code Section 6500 et. seq. and other pertinent provisions of law, by and between six or more of the following cities located within Western Riverside County and the County of Riverside+. (a) City of Banning (b) City of Bcaumont (o) City of Corona (d) City of IIcmct (c) City of Lakc El~inorc (f) City of Morcno Vallcy (g) City of }Iorco (h) City of Dcrris (i) City of Ri¥cr~i4c (j) City of ~an Jaginto (k) City of Tcmcoula RECITALS A. Each member and party to this Agreement is a governmental entity established by law with full powers of government in legislative, administrative, financial, and other related fields. B. The purpose of the formation is to provide an agency to conduct studies and projects designed to improve and. coordinate the common governmental responsibilities and services on an area-wide and regional basis through the establishment of an association of governments. The A~sociation Council will explore areas of inter- governmental cooperation and coordination of government programs and provide recommendations and solutions to problems of common and general concern. C. When authorized pursuant to an Implementation Agreement, the Association Council shall manage and administer thereunder. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows: I. PURPOSE AND POWERS 1.1 Agency Created. There is hereby created a public entity to be known as the "Western Riverside Association Council of Governments" ("WRAC") ("WRCOG"). ~ WRCOG is formed by this Agreement pursuant to the provision of Government Code Section 6500 et. seq. and other pertinent provision of law. ~ WRCOG shall be a public entity separate from the parties hereto. 1.2 Powers. 1.2.1. ~ WRCOG established hereunder shall perform all necessary functions to fulfill the purposes of this Agreement. Among other functions, ~C WRCOG shall: a. Serve as a forum for consideration, study and recommendation on area-wide and regional problems; b. Assemble information helpful in the consideration of problems .peculiar to Western Riverside County; c. Explore practical avenues for intergovernmental cooperation, coordination and action in the interest of local public welfare and means of improvements in the administration of governmental services; and d. Serve as the clearinghouse review body for Federally-funded projects in accordance with Circular A-95 in conjunction with the Southern California Association of Governments. 1.2.2. The Association Council shall have the power in its own name to do any of the following; a. When necessary for the day to day operation of the Association Council, to make and enter into contracts; b. To contract for the services of engineers, attorneys, planners, financial consultants and separate and apart therefrom to employ such other persons, as it deems necessary; c. To apply for an appropriate grant or grants under any federal, state, or local programs. d. To receive gifts, contributions and donations of property, funds, services and other forms of financial assistance from persons, firms, corporations and any governmental entity; e. To lease, acquire, construct, manage, maintain, and operate any buildings, works, or improvements; f. To delegate some or all of its powers to the Executive Committee and the executive Director of the A~ociation Council as hereinafter provided. 1.2.3 The association shall have the power in its own name, only with the approval of all affected member'agencies to; domain, lease, lease purchase or sale. Acquire, hold and dispose of property by eminent b. To incur debts, liabilities, obligations, and issue bonds; II. ORGANIZATION OF AE£OCIATION COUNCIL 2.1 Parties. The parties to ~ WRCOG shall be the County of Riverside and each city located within Western Riverside County which has executed or hereafter executes this Agreement, or any addenda, amendment, or supplement thereto and agrees to such become a member upon such terms and conditions as established by the general council or executive committee, and which has not, pursuant to provisions hereof, withdrawn therefrom. 2.2 Names. The names, particular capacities and addresses of the parties at any time shall be shown on Exhibit "A" attached hereto, as amended or supplemented from time to time. 2.3 D~ties. ~RA~WRCOG shall do whatever is necessary and required to carry out the purposes of this agreement and when authorized by an Implementation Agreement pursuant to section 1.2.3 as appropriate, to make and enter into such contracts, incur such debts and obligations, assess contributions from the members, and perform such other acts as are necessary to the accomplishment of the purposes of such agreement, within the provisions of Government Code Section 6500 et seq. and as prescribed by the laws of the State of California. 4 2.4 Governing Body. 2.4.1. ~I?~C WRCOG shall be governed by a General Assembly with membership consisting of the appropriate representatives from the County of Riverside and each city which is a signatory to this Agreement, the number of which shall be determined as hereinafter set forth. The General Assembly shall meet at least once annually, preferably scheduled in the evening. Each member agency of the General Assembly shall have one vote for each mayor, council member or county supervisor present at the General Assembly. The General Assembly shall act only upon a majority of a quorum..A quorum shall consist of a majority of the total authorized representatives, provided that members representing a majority of the member agencies are present. The General Assembly shall adopt and amend by-laws for the administration and management of this Agreement, which when adopted and approved shall be an integral part of this Agreement. Such by-laws may provide for the management and administration of this Agreement. 2.4.2. Therm shall be an Executive Committee which exercises the powers of this Agreement between sessions of the General Assembly. Members of the Executive Committee shall be the Mayor from each of the member cities and four members of the Riverside County Board of Supervisors, the remaining member of the Board of Supervisors shall serve as an alternate, except any City Council, at its discretion, can appoint a Mayor Pro Tem or other city council member in place of the Mayor. The Executive Committee shall act only upon a majority of a quorum. A quorum shall consist of a majority of the member agencies. 2.4.3. Each member of the General Assembly and the Executive Committee shall be a current member of the legislative body such member represents. 2.4.4. Each participating member on the Executive Committee shall also have an alternate, who must also be a current member of the legislative body of the party such alternate represents. The name of the alternate members shall be on file with the Executive Committee. In the absence of the regular member from an agency, the alternate member from such agency shall assume all rights and duties of the absent regular member. 2.5 Executive Director. The Executive Director shall be the chief administrative officer of the Council. He shall receive such compensation as ma' be fixed by the Executive Committee. The powers and duties of the Executive Director shall be subject to the authority of the Executive Committee and include the following: a. To appoint, direct and remove employees of the Council. b. Annually to prepare and present a proposed budget to the Executive Committee and General Assembly. c. Serve as Secretary of the Council and of the Executive Committee. d. To attend meetings of the Executive Committee. e. To perform such other and additional duties as the Executive Committee may require. 6 2.6 Principal Office. The principal office of ~P~%~ WRCOG shall be established by the Executive Committee and shall be located within Western Riverside County. The Executive Committee is hereby granted full power and authority to change said principal office from one location to another within Western Riverside County. Any change shall be noted by the Secretary under this section but shall not be considered an amendment to this Agreement. 2.7 Meetings. The Executive Committee shall meet at the principal office of the agency or at such other place as may be designated by the Executive Committee. The time and place of regular meetings of the Executive Committee shall be determined by resolution adopted by the Executive Committee; a copy of such resolution shall be furnished to each party hereto. Regular, adjourned and special meetings shall be called and conducted in accordance with the provisions of the Ralph M. Brown Act, Government Code Section 54950 et. seq., as it may be amended. 2.8 Powers and Limitations of the Executive Committee. Unless otherwise provided herein, each member or participating alternate of the Executive Committee shall be entitled to one vote, and a vote of the majority of those present and qualified to vote constituting a quorum may adopt any motion, resolution, or order and take any other action they deem appropriate to carry forward the objectives of the Council. 2.9 Minutes. The secretary of the A~ooiation Council shall cause to be 7 kept minutes of regular adjourned regular and special meetings of the General Assembly and Executive Committee, and shall cause a cop~· of the minutes to be forwarded to each member and to each of the members hereto. 2.10 Rules. The Executive Committee may adopt from time to time such rules and regulations for the conduct of its affairs consistent with this agreement or any Implementation Agreement. 2.11 Vote or Assent of Members. The vote, assent or approval of the members in any manner as may be required, hereunder shall be evidenced by a certified copy of the action of the governing body of such party filed with the Association Council. It shall be the responsibility of the Executive Director to obtain certified copies of said actions. 2.12 Officers. There shall be selected from the membership of the Executive Committee, a chairperson and a vice chairperson. The Executive Director shall be the secretary. The Treasurer of the County of Riverside shall be the Treasurer of the Association Council and the Controller or Auditor of the County of Riverside shall be the Auditor of the Ao~ocia.tion Council. Such persons shall possess the powers of, and shall perform the treasurer and auditor functions respectively, for WRA~WRCOG and perform those functions required of them by Government Code Sections 6505, 6505.5 and 6505.6, and by all other applicable laws and regulations, including any subsequent amendments thereto. The chairperson and vice chairperson, shall hold office for a period of one year commencing July 1st of. each and every fiscal year; provided, however, the first chairperson and vice chairperson appointed shall hold office from the date of appointment to June 30th of the ensuing fiscal year. Except for the Executive Director, any officer, employee, or agent of the Executive Committee may also be an officer, employee, or agent of any of the members. The appointment by the Executive Committee of such a person shall be evidence that the two positions are compatible. 2.13 Committees. The Executive Committee may, as it deems appropriate, appoint committees to accomplish the purposes set forth herein. All committee meetings of ~C WRCOG, including those of the Executive Committee, shall be open to all members. 2.14 Additional Officers and Employees. The Executive Committee shall have the power to authorize such additional officers and assistants as may be appropriate. Such officers and employees may also be, but are not required to be, officers and employees of the individual members. 2.15 Bonding Requirement. The officers or persons who have charge of, handle, or have access to any property of ~ WRCOG shall be the members of the Executive Committee, the treasurer, the Executive Director, and any other officers or persons to be designated or empowered by the Executive Committee. Each such officer or person shall be required to file an official bond with the Executive Committee in an amount which shall be established by the Executive Committee. Should the existing bond or bonds of any such officer be extended to cover the obligations provided herein, said bond shall be the official bond required herein. The premiums on any such bonds attributable to the coverage required herein shall be appropriate expenses of WRA~ WRCOG. 2.16 Status of officers and Employees. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, worker's compensation, and other benefits which apply to the activity of officers, agents, or employees of any of the members when performing their respective functions shall apply to them to the same degree and extent while engaged in the performance of any of the functions and other duties under this Agreement. None of the officers, agents, or employees appointed by the Executive Committee shall be deemed, by reason of their employment by the Executive Committee, to be employed by any of the members or, by reason of their employment by the Executive Committee, to be subject to any of the requirements of such members. 2.17 Restrictions. Pursuant to Government Code Section 6509, for the purposes of determining the restrictions to be imposed by the Council in its exercise of the above-described joint powers, reference shall be made to, and the Council shall observe, the restrictions imposed upon the County of Riverside. III FUNDS AND PROPERTY 3.1. Treasurer. The Treasury of the member agency whose Treasurer is the Treasurer for WRA~ WRCOG shall be the depository for ~ WRCOG 10 The Treasurer of the Council shall have custody of all funds and shall provide for strict accountability thereof in accordance with Government Code Section 6505.5 and other applicable laws of the State of California. He or she shall perform all of the duties required in Government Code Section 6505 and following, such other duties as may be prescribed by the Executive Committee. 3.2. Expenditure of Funds. The funds under this Agreement shall be expended only in furtherance of the purposes hereof and in accordance with the laws of the State of California and standard accounting practices shall be used to account for all funds received and disbursed. 3.3. Fiscal Year. ~C WRCOG shall be operated on a fiscal year basis, beginning on July 1 of each year and continuing until June 30 of the succeeding year. Prior to July 1 of each year, the General Assembly shall adopt a final budget for the expenditures of W~A~ WRCOG during the following fiscal Year. 3.4. Contributions/Public Funds. In preparing the budget, the General Assembly by majority vote of a quorum shall determine the amount of funds which will be required from its members for the purposes of this Agreement. The funds required from its members after approval of the final budget shall be raised by contributions 50% of which will be assessed on a per capita basis and 50% on an assessed valuation basis, each city paying on the basis of its population and assessed valuation and the County paying on the basis of the population and assessed 11 valuation within the unincorporated area of Western Riverside County as defined in the by-laws. The parties, when informed of their respective contributions, shall pay the same before August 1st of the fiscal year for which they are assessed or within sixty days of being informed of the assessment, whichever occurs later. In addition to the contributions provided, advances of public funds from the parties may be made for the purposes of this Agreement. When such advances are made, they shall be repaid from the first available funds of ~ WRCOG. The General Assembly shall have the power to determine that personnel, equipment or property of one or more of the parties to the Agreement may be used in lieu of fund contributions or advances. All contributions and funds shall be paid to WR-COG and shall be disbursed by a majority vote of a quorum of the Executive Committee, as authorized by the approved budget. IV BUDGETS AND DISBURSEMENTS 4.1 Annual Budget. The Executive Committee may at any time amend the budget to incorporate additional income and disbursements that might become available to WRA~ WRCOG for its purposes during a fiscal year. 4.2 Disbursements. The Executive Director shall request warrants from the Auditor in accordance with budgets approved by the General Assembly or Executive Committee subject to quarterly review by the Executive Committee. The Treasurer shall pay such claims or disbursements and 12 such requisitions for payment in accordance with rules, regulations, policies, procedures and bylaws adopted by the Executive Committee. 4.3 Accounts. All funds will be placed in appropriate accounts and the receipt, transfer, or disbursement of such funds during the term of this Agreement shall be accounted for in accordance with generally accepted accounting principles applicable to governmental entities and pursuant to Government Code Sections 6505 et seq. and any other applicable laws of the State of California. There shall be strict accountability of all funds. All revenues and expenditures shall be reported to the Executive Committee. 4.4 Expenditures Within Approved Annual Budget. All expenditures shall be made within the approved annual budget. No expenditures in excess of those budgeted shall be made without the approval of a majority of a quorum of the Executive Committee. 4.5 Audit. The records and accounts of ~ WRCOG shall be audited annually by an independentcertified public accountant and copies of such audit report shall be filed with the County Auditor, State Controller and each party to WRA~ WRCOG no later than fifteen (15) days after receipt of said audit by the Executive Committee. 4.6 Reimbursement of Funds. Grant funds received by ~C WRCOG from any federal, state, or local agency to pay for budgeted expenditures for which WR-COG has received all or a portion of said funds from the parties hereto shall be used as determined by WRAC'3 WRCOG's Executive Committee. 13 V LIABILITIES 5.1 Liabilities. The debts, liabilities, and obligation of ~C WRCOG shall be the debts, liabilities, or obligations of ~ WRCOG alone and not of the parties to this Agreement. 5.2 Hold Harmless and Indemnity. Each party hereto agrees to indemnify and hold the other parties harmless from all liability for damage, actual or alleged, to persons or property arising out of or resulting from negligent acts or omissions of the indemnifying party or its employees. Where the General Assembly or Executive Committee itself or its agents or employees are held liable for injuries to persons or property, each party's liability for contribution or indemnity for such injuries shall be based proportionately upon the contributions (les~ voluntary contributions) of each member. In the event of liability imposed upon any of the parties to this Agreement, or upon the General Assembly or Executive Committee created by this Agreement, for injury which is caused by the negligent or wrongful act or omission of any of the parties in the performance of this Agreement, the contribution of'the party or parties not directly responsible for the negligent or wrongful act or omission shall be limited to One Hundred Dollars ($100.00). The party or parties directly responsible for the negligent or wrongful acts or omissions shall indemnify, defend, and hold all other parties harmless from any liability for personal injury or property damage arising out of the performance of this Agreement. The voting for or against a matter being considered by the General Assembly or executive or othe~ 14 committee or Wt%A~ WRCOG, or abstention from voting on such matter, shall not be construed to constitute a wrongful act or omission within the meaning of this Subsection. VI ADMISSION AND WITHDRAWAL OF PARTIES 6.1 Admission of New Parties. It is recognized that additional cities other than the original parties, may wish to participate in WRA~ WRCOG. Additional Any Western Riverside County citic~ city may become p~rtic~ a partv to WRA~ WRCOG upon such terms and conditions as established by the General Assembly or Executive Committee~ and thc oonscnt of two thirdu (2/3) of thc mcmbcru to ~RAC ~RCOC, cvidcnced by thc cxccution of a writtcn addcndum to this Agrccmcnt, and oigncd by all of thc parrico including thc additional party. IIowcvcr, and without conplianoc with thc foregoing, any of thc twclvc public agcncic~ lioted on thc firot pagc of this Agrccmcnt may by approving and cxocuting thiu Agrecmcnt and forwarding an attcutcd copy of thc cxccutcd Agrccncnt to thc Executivc Dircctor, join thc A~oociation (WllAC) within ~nc yc~%~ of thc cffcctivc datc of thi~ agrccmcnt as dcfined by Cc~tion 9.3. Any Western Riverside County city shall become a party to WRCOG by the adoption by the citv council of this agreement and the execution of a written addendum thereto agreeing to the terms of this Agreement and agreeing to any additional terms and conditions that may be established by the .general assembly or Executive Committee. Special districts' which are significantly involved in regional problems and the boundaries of which include territory within the collective area of the membership shall be eligible for advisory membership in the A~ociation Council. The 15 representative of any such advisory member may participate in the work of committees of the Association Council. 6.2 Withdrawal from ~ WRCOG. It is fully anticipated that each party hereto shall participate in ~C WRCOG until the purposes set forth in this Agreement are accomplished. The withdrawal of any party, either voluntary or involuntary, unless otherwise provided by the General Assembly or Executive Committee, shall be conditioned as follows: a. In the case of a voluntary withdrawal following a properly noticed public hearing, written notice shall be given to WRA~ WRCOG, six months prior to the effective date of withdrawal; b. Withdrawal shall not relieve the party of its proportionate share of any debts or other liabilities incurred by WRA~ WRCOG prior to the effective date of the parties' notice o, withdrawal; c. Unless otherwise provided by a unanimous vote of the Executive Committee, withdrawal shall result in the forfeiture of that party's rights and claims relating to distribution of property and funds upon termination of W~A~ WRCOG as set forth in Section VII below; d. Withdrawal from any Implementation Agreement shall not be deemed withdrawal from membership in ~ WRCOG. VII TERMINATION AND DISPOSITION OF ASSETS 7.1 Termination of this Agreement. WRA~ WRCOG shall continue to exercise the joint powers herein until the termination of this Agreement and any extension. 16 thereof or until the parties shall have mutually rescinded this Agreement; providing, however, that ~ WRCOG and this Agreement shall continue to exist for the purposes of disposing of all claims, distribution of assets and all other functions necessary to conclude the affairs of WRA~ WRCOG. Termination shall be accomplished by written consent of all of the parties, or shall occur upon the withdrawal from WRA~ WRCOG of a sufficient number of the agencies enumerated herein so as to leave less than five of the enumerated agencies remaining in W~A~WRCOG. 7.2 Distribution of Property and Funds. In the event of the termination of this Agreement, any property interest remaining in WRA~WRCOG following the discharge of all obligations shall be disposed of as the Executive Committee shall determine with the objective of distributing to each remaining party a proportionate return on the contributions made to such properties by such parties, less previous returns, if any. VIII IMPLEMENTATION AGREEMENTS 8.1 Execution of Agreement. When authorized by the Executive Committee, any affected member agency or agencies enumerated herein, may execute an Implementation Agreement for the purpose of authorizing WR-COG to implement, manage and administer area-wide and regional programs in the interest of the local public welfare. The costs incurred by WRA~WRCOG in implementing a program including indirect costs, shall be assessed only to those public agencies who are parties to that Implementation Agreement. 17 9.1 IX MISCELLANEOUS Amendments. This Agreement may be amended with the approval of not less than two-thirds (2/3) of all member agencies. 9.2 Notice. Any notice or instrument required to be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to the addresses of the parties as shown on Exhibit "A", shall be deemed to have been received by the party to whom the same is addressed at the expiration of seventy-two (72) hours after deposit of the same in the United States Post Office for transmission by registered or certified mail as aforesaid. 9.3 Effective Date. This Agreement shall be effective and ~C WRCOG shall exist from and after such date as this Agreement has been executed by any seven or more of the public agencies, including the County of Riverside, as listed on page 1 hereof. 9.4 Arbitration. Any controversy or claim between any two or more parties to this Agreement, or between any such party or parties and WRA~WRCOG, with respect to disputes, demands, differences, controversies, or misunderstandings arising in relation to interpretation of this Agreement, or any breach thereof, shall be submitted to and determined by arbitration. The party desiring to initiate arbitration shall give notice of its intention to arbitrate to every other party to this Agreement and to the Executive Directo~ 18 of the Association Council. Such notice shall designate as "respondents" such other parties as the initiating party intends to have bouhd by any award made therein. Any party not so designated but which desires to join in the arbitration may, within ten (10) days of service upon it of such notice, file with all other parties and with the Executive Director of the Council a response indicating its intention to join in and to be bound by the results of the arbitration, and further designating any other parties it wishes to name as a respondent. Within twenty (20) days of the service of the initial demand for arbitration, the initiating party and the respondent or respondents shall each designate a person to act as an arbitrator. The designated arbitrators shall mutually designate the minimal number of additional persons as arbitrators as may be necessary to create an odd total number of arbitrators but not less than three to serve as arbitrator(s). The arbitrators shall proceed to arbitrate the matter in accordance with the provisions of Title 9 of Part 3 of the Code of Civil Procedure, Section 1280 et. seq. The parties to this Agreement agree that the decision of the arbitrators will be binding and will not be subject to judicial review except on the ground that the arbitrators have exceeded the scope of their authority. 9.5 Partial Invalidity. If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants 19 and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted b5 law. 9.6 Successors. This. Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. 9.7 Assignment. The parties hereto shall not assign any rights or obligations under this Agreement without written consent of all other parties. 9.8 Execution. The Board of Supervisors of the County of Riverside and the city councils of the cities enumerated herein have each authorized execution of this Agreement. as evidenced by the authorized signatures below, respectively. COUNTY OF RIVERSIDE By: Chairman, Board of Supervisors Dated: Attest: Clerk of the Board of Supervisors By: Da~ed: 2O ATTEST: City Clerk City of Banning By: Dated: CITY OF BANNING By: Mayor ATTEST: City Clerk City of Corona By: Dated: CITY OF CORONA By: Mayor ATTEST: City Clerk City of Hemet By: Dated: CITY OF HEMET By: Mayor ATTEST: City Clerk City of Lake Elsinore Dated: CITY OF LAKE ELSINORE By: Mayor 21 ATTEST: City Clerk City of Moreno Valley By: Dated: CITY OF MORENO VALLEY By: Mayor ATTEST: City Clerk City of Norco By: Dated: CITY OF NORCO By: Mayor ATTEST: City Clerk City of Perris By: Dated: CITY OF PERRIS By: Mayor ATTEST: City Clerk City of Riverside By: Dated: CITY OF RIVERSIDE By: Mayor 22 City Clerk City of San Jacinto By: Dated: CITY OF SAN JACINTO By: Mayor ATTEST: City Clerk City of Temecula By: Dated: CITY OF TEMECULA By: Mayor ITEM NO. 11 APPROVAL CITY ATTORNEY CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Engineering Department ~ April 2, 1991 Acceptance of Public Improvements in Tract No. 21340-5 PREPARED BY: Albert Crisp RECOMMENDATION: That the City Council ACCEPT the Public Improvements in Tract No. 21340-5.. AUTHORIZE the reduction of street, sewer, and water bonds, ACCEPT the Maintenance Bond, APPROVE the subdivision Agreement Rider, and DIRECT the City Clerk to so advise the clerk of the Board of Supervisors. DISCUSSION: On May 3, 1988, the Riverside County Board of Supervisors entered into subdivision agreements with: Kulberg Ltd. 29710 Jefferson Avenue, Ste. 301 Rancho California, CA 92390 for the improvement of streets and the installation of sewer and water systems. Accompanying the subdivision agreements were surety bonds issued by: Developer's Insurance Company as follows: Bond No. 958062S in the amount of $92,500.00 to cover street improvements. Bond No. 958063S in the amount of $29,000.00 to cover water improvements. Bond No. 958064S in the amount of $33,000.00 to cover sewer improvements. A:TM21340-5 1 Bond No. 958065S in the amount of $8,800.00 to cover survey monumentation. Bonds No. 958062S, 958063S, and 958064S in the total amount of $77,250.00 to cover materials and labor. The following items have been completed by the developer or his engineer in accordance with the approved plans: Required street, sewer, and water improvements. The affected streets are Stone Gate Drive, and portions of Rustic Glen Drive and Creative Drive. The inspection and verification process relating to the above items has been completed by the County of Riverside Road Department and City Staff agrees with the recommendation to reduce the subdivision improvement bonds. Therefore, it is appropriate to reduce theses bonds as follows: Streets: $83,250.00 Water: $26,100.00 Sewer: $29,700.00 The remaining 10% of the original faithful performance bond amounts are to:be retained for one (1) year guarantee period as follows: Streets: $9,250.00 Water: $2,900.00 Sewer: $3,300.00 The developer has submitted Maintenance Bond No. 958062S designating the City of Temecula as obligee. City Council acceptance of this bond will permit the Clerk of the Board of Supervisors to release the Faithful performance bonds for these items of work. The Materials and Labor Boards and Monumentation Bond will remain in effect pending City Council exoneration. AC:bg Attachments: Location Map Maintenance Bond Subdivision Agreement A:TM21340-5 2 ~ STATE OF CALIFORNIA, COUNTY OF LOS ANGELES SS. . * On this 1ST day of APRIL 19 91 before * me a Notary Public, within and for the said County and State, * Personally appeared PHILIP E. VEGA * Personally known to me (or proved to me on the basis of satisfactory * evidence) to be the person whose name is subscribed to the within * instrument as the Attorney-In-Fact of and for the DEVELOPERS IHSURA.HCE * COMPANY and acknowledged to me that he subscribed the name of the * DEVELOPERS INSURANCE COMPANY thereto as surety, and his own name * as Attorney-in-Fact , ~ ~ OFFICIAL SEAL ~ . ~ CATHY RAMPENTHAL : * : ~:~'/ NOTARY BOND FILED IN : * * * .~ ": .... ~ LOS A~O~L~S COUN~ ) ~ : My Commission Expires Janua~ 5, 1~3 $ ' . ...................................=.o The insco/Dico Group MAINTENANCE BOND BOND NO: 958062S PREMIUM: $ NIL LNCLUDED IN PERFORMANCE BOND IC\'OW ALL MEN BY THESE PRESENTS: THAT we, KULBERG LTD. , as Principal, and DEVELOPERS INSURANCE COMPANY. a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct surety business in the State of California. as Surety, are held and firmly bound unto CITY OF TEMECULA as Obligee. in the sum of FIFTEEN THOUSAND FOUR HUNDRED FIFTY &NO** (S 15,450~.00 ) Dollars, for which payment. well and truly to be made, we bind ourselves. our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION' IS SUCH THAT: WHEREAS. the above named Principal entered into an agreement or agreements with said Obligee to: STREETS/DRAINAGE, WATER AND SEWER II-[PROVEMENTS FOR TRACT 21340-5 WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of one }'ear following final acceptance of said improvements: NOW. THEREFORE. if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of the said improvements by Obligee, then this obligation shall be void. otherwise to remain in full force and effect. D4 WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact this 1ST day of APRIL , 19 91 KULBERG LTD. Principal POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725, IRVINE, CA 92713 * (714) 263-3300 NO 076419 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1992. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fect, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS. that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, herebymeke, constitute and appoint ***PHILIP E. VEGA, JAY P. FREEMAN, KIM M. WALKER, ROBERT J. CULP, RICHARD P. CREAN, JOHN M. SCHACK, JOINTLY OR SEVERALLY*** the true and lawful Afforney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding One Million Five Hundred Thousand Dollars ($1,500,000) in any single undertaking; giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to pedorm every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attorney(s)-in-Fact. pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds. u~dertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease bonds, insurance company qualifying bonds, self-insurer's bonds, fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be. and that each of them hereby is. authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; R ESO LVED, FURTHER, that the signatu res of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attor- ney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 2rid day of January, 1991. INDEMNITY COMPANY OF CAUFORNIA By Harry C Crcwe~ -'ST By By Walter A. Crowell, Secretary DEVELOPERS INSURANCE COMPANY By Harry C. Crowell, President ~,o ~.,~..~ ~~ ATTEST Waiter A. Crowell, Secretary STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) O n January 2. 1991, before m e, the u ndersig ned, a Notary Public in and for said State. personally appeared Harry C. Crowell and Walter A. Crowell, personally known to me (o r proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary on behalf of I ndem nity Company of California and as President and Secretary on behalf of Developers Insurance Company, the Corporations therein named, and acknowledged to me that the corporations executed it. WITNESS my hand and official seal, Signature OFFICIAL SEAL VIRGINIA M. LOUMAN NOTARY PI.tBLIC - CALIFORNIA P~INCIPAL OFFICE IN ORANGE COUhTY M!~ Commi~on Exp. AI~'. 9. ]993 CERTIFICATE The undersigned, as Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 1 S'~ day of '~'1~1~-'["[' ,199]-. MNITY COMPANY OF CALIFORNIA L.C. Fiebiger Senior Vice President By DEVELOPERS INSURANCE COMPANY L.C. Fiebiger Senior Vice President ID-R10 REV. 12/90 AGREEMENT REGARDING SUBDIVISION IMPROVEMENTS THIS AGREEMENT is made and entered into between the CITY OF TEMECULA, hereinafter called "CITY", and ~;,11~erg T.~ , hereinafter called "CONTRACTOR". WlTNESSETH: WHEREAS, the County of Riverside and CONTRACTOR have entered into a series of agreements and CONTRACTOR has submitted a series of bonds in connection with consideration by the County of Riversideof final map approval Tra~.t- :~lq~.0-~ ; WHEREAS, the City of Temecula incorporated on December 1. 1989; WHEREAS, in order to expeditiously process the acceptance of improvements pursuant to the final map, the CITY has permitted subdividers to use the existing County Subdivision Agreement and Bond forms in lieu of CITY forms; WHEREAS, certain references in the County forms incorrectly refer to County positions instead of City positions; NOW, THEREFORE, it is agreed between CITY and CONTRACTOR as follows: 1. All references to the "County of Riverside" contained in of the documents between CITY and CONTRACTOR concerning Tract 71 tar)-~ are now defined as referring to the "City of Temecula". 2. All references to the "Riverside County Road Commissioner" contained in any documents between CITY and CONTRACTOR concerning Tract 21 340-5 are now hereby defined to refer to the "City Engineer". STATE OF CALIFORNIA }ss. COUNTY OF R-'~ v,or~ '[ r']~ } On Mar ch 2 7, 19 91 , before me, the undersigned, a Notary Public in and for said State, personally appeared Douq Kulberg ~k , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President K=r~ .~[~;, on behalf of Kulberg T,td_ , the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its ~ OFFICIAL NOTARY SEAL : PENNIE A. PARKER by-laws or a resolution of its board of directors. ,, NOtmy Pubtic -- CaJilol'nia RIVERSIDE COUNTY Sign tur~/..~J~//"j~-/~J (~' /~ (This area for official notarial seal) 3. All references to any other Riverside County offices or positions contained in the Agreements or Bonds concerning Tract ?l 340-5 now hereby refer to the equivalent CITY offices or positions. Ku]berg T,td. CONTRACTOR'5 NAME [PrJnt ~Jgn~tore's Name) CITY OF TEMECULA Dated: RON PARKS, MAYOR Dated: DAVID F. DIXON. CITY CLERK APPROVED AS TO FORM: /~ ATTORNEY SC TT~D. CITY ITEM NO. 12 ORDINANCE NO. 91-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF ORDINANCE NO. 90-04 PERTAINING TO EXTENSIONS OF TIME APPROVAL PERIODS FOR PLOT PLANS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. City Ordinance No. 90-04 adopted by reference certain portions of the Non-Codified Riverside County Ordinances, including Ordinance No. 348. Article XVIII, Section 18.30(0 of Ordinance 348 is hereby amended to read as follows: "f. Approval Period. The approval of a plot plan shall be valid for a period of two (2) years from its effective date, or within such additional time as may be set into the conditions of approval, which shall not exceed a total of three (3) years; otherwise, the approval shall be null and void. Notwithstanding the foregoing, if an approval is required to be used within less than three (3) years, the applicarit may, prior to its expiration, request an extension of time on which to use the approval. A request for extension of time shall be made to the Planning Commission, on forms provided by the Planning Department and shall be filed with the Planning Director, accompanied by a fee as set forth in Ordinance No. 671. Within thirty (30) days following the filing of a request for extension, The Planning Director shall review the application, make a recommendation thereon, and forward the matter to the Planning Commission Secretary, who shall place the matter on the regular agenda of the Planning Commission. An extension of time may be granted by the Planning Commission upon a determination that a valid reason exists for applicant not using the approval within the required period of time. If an extension is granted, the total time allowed for use of the approval shall not exceed a period of three (3) years, calculated from the effective date of the approval. The term "use" shall mean the beginning of a substantial construction of the use that is authorized, which construction must hereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under terms of the authorized use. The effective date of a plot plan shall be determined in the same manner as applications for conditional use permits and public use permits pursuant to Section 18.26." SECTION 2. Severability. The City Council hereby declares that the provisions of this Ordinances are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decisions shall not affect the validity of the remaining parts of this Ordinance. 3/Ords 91-09 -1- SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. SECTION 4. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Council Members voting thereon, it shall be published in a newspaper published and circulated in said City. PASSED, APPROVED AND ADOPTED, this 26th day of March, 1991. Ronald J. Parks, Mayor ATFEST: June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 91-09 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 26th day of March, 1991, and that thereafter said Ordinance was duly adopted and passd at a regular meeting of the City Council on the 9th day of April, 1991 by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk 3/Ords 91-09 -2- ITEM NO. 13 ORDINANCE NO. 91-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO USE AND TO CONSTRUCT AND USE, FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY FOR ANY AND ALL PURPOSES, POLES, WIRES, CONDUITS AND APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS NECESSARY OR PROPER THEREFOR, IN, ALONG, ACROSS, UPON, OVER AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF TEMECULA. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Whenever in this Ordinance the words or phrases defined in this section are used, it is intended that they shall have the respective meanings assigned to them in the following definitions unless, in the given instance, the context wherein they are used shall clearly import a different meaning: A. The word "grantee" shall mean Southern California Edison Company and its lawful successors or assigns; B. The word "City" shall mean the City of Temecula, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form; C. The word "streets" shall mean the public streets, ways, alleys and places as the same now or may hereafter exist within the City; D. The phrase "poles, wires, conduits and appurtenances" shall mean poles, towers, supports, wires, conductors cables, guys, stubs, platforms, crossarms, braces, transformers, insulators, conduits, ducts, vaults, manholes, meters, cut-outs, switches, communication circuits, appliances, attachments, appurtenances and any other property located or to be located in, along, across, upon, over or under the streets of the City, and used or useful, directly or indirectly for the purpose of transmitting or distributing electricity; E. The phrase "construct and use" shall mean to lay, construct, excavate, encroach, erect, install, operate' maintain, use, repair, replace, relocate, or remove; 2/ORD$/91-10 I F. The word "franchise" shall mean and include any authorization granted hereunder in terms of a franchise, privilege, permit, license or otherwise to construct and use poles, wires, conduits and appurtenances, including communication circuits, for transmitting and distributing electricity for any and all purposes in, along, across, upon, over, and under streets within the City. Any authorization, in whatever terms granted, shall be in lieu of any business license tax or permit based upon gross receipts or number of employees, but no other license, tax or permit. SECTION 2. The franchise to use and to construct and use, for transmitting and distributing electricity for any and all purposes, poles, wires, conduits and appurte- nances, including communication circuits, necessary or proper therefor, in, along, across, upon, over and under the streets within the City of Temecula, is hereby granted to Southern California Edison Company, its lawful successors and assigns, under and in accordance with the provisions of the Franchise Act of 1937. SECTION 3. Said franchise shall be indeterminate, that is to say, said franchise shall endure in full force and effect until, with the consent of the Public Utilities Commission of the State of California, the same shall be voluntarily surrendered or abandoned by the grantee, or until the State or some municipal or public corporation thereunder duly authorized by law shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain, all property actually used and useful in the exercise of said franchise and situate within the territorial limits of the state, municipal or public corporation purchasing or condemning such property, or until said franchise shall be forfeited for noncompliance with its terms by the grantee. SECTION 4. The grantee of said franchise, during the life thereof, shall pay to the City two percent (2 %) of the gross annual receipts of said grantee arising from the use, operation or possession of said franchise; provided, however, that such payment shall in no event be less than one percent (1%) of the gross annual receipts derived by grantee from the sale of electricity within the limits of the City. It is understood that any administrative, legislative, or judicial modification of said franchise fee or the basis of calculating said fee pursuant to Public Utilities Code, Article 2, Section 6231 (c) shall be cause for review and renegotiation of only the amount of this franchise fee at any time within the term of this franchise. SECTION 5. A. On or before the 15th day of March of each calendar year during the term of this franchise and forty-five (45) days after the expiration of the term of this franchise, grantee shall file with the City Clerk of the City, the original, and with the Finance Officer of the City, one copy of a statement showing the gross receipts during the preceding calendar year or fractional calendar year. 2lORDS/91-10 2 B. On or before the 31st day of March, grantee shall pay to the City Treasurer the money herein required to be paid by grantee to the City upon the basis of the data set forth in said statement. C. Thereafter, no later than the 31st day of the end of each quarter (June, September, and December) of the City fiscal year during the term of this franchise, grantee shall pay to the City Treasurer one-fourth (1/4) of the money herein required to be paid by grantee to the City upon the basis of the data set forth in the statement required by Section 5(a) hereof. By this method of payment, it is contemplated and understood that grantee is in effect paying the money herein required to be paid by grantee to the City under this subsection on the basis of gross receipts for the preceding calendar year and that an adjustment shall be made, as more fully set forth in Section 5(d) hereof. D. On or before the 31 st day of March, grantee shall pay to the City Treasurer, or receive as a refund from the City, as the case may be, a sum of money equal to the difference between the sum of the payments of money made in accordance with Section 5(c) hereof and the annual payment of money herein required to be paid by grantee to the City upon the basis of the data set forth in said statement. E. In the event grantee fails to make any of the payments provided for in this franchise on or before the dates due as herein provided, grantee shall pay as additional consideration both of the following amounts: 1). A sum of money equal to two percent (2%) of the amount due. This amount is required in order to defray those additional expenses and costs incurred by City by reason of the delinquent payment including, but not limited to, the cost of administering, accounting and collecting said delinquent payment and the cost to City of postponing services and projects necessitated by the delay in receiving revenue. 2). A sum of money equal to one percent (1%) of the amount due per month as interest and for loss of use of the money due. SECTION 6. The City Treasurer, or any qualified person designated by the City, at any reasonable time during regular business hours, may make examination at grantee's office or offices, of its books and records, germane to and for the purpose of verifying the data set forth in the statement required by Section 5(a) hereof. All books and records subject to examination by the City Treasurer, or qualified person designated by the City, shall be kept within the grantee's office in the County of Los Angeles. In the event that it becomes necessary for said City Treasurer, or other representative designated by the City, to make such examination at any place other than within said County, then, in that event, all increased costs and expenses to the City necessary or incident to such examination and resulting from such books and records not being available within said County, shall be paid to the City by grantee on demand. 2lORDS/91 - 10 3 SECTION 7. A. Grantee shall remove or relocate without expense to the City any facilities installed, used, and maintained under the franchise if and when made necessary by any lawful change of grade, alignment, or width of any public street, way, alley, or place, including the construction of any subway or viaduct by the City. B. The term "City" as used in this section shall mean the same as the term "municipality" contained in Section 6297 of the Public Utilities Code. C. Notwithstanding the foregoing, City shall be afforded the benefit of all legal interpretations in nature and in scope of the term "municipality" whenever referenced in the Franchise Act of 1937 as cited in Chapter 2, Sections 6201 et se~_. of the Public Utilities Code. D. When such removal or relocation is required, Grantee shall begin physical field work on the removal or relocation within a reasonable time after written notice from the City Manager, or his designee. If despite its best efforts, Grantee is unable to begin removal or relocation within a reasonable time, Grantee shall give written notice to the City Manager of the reason or reasons for the delay and the date removal or relocation is '. expected to begin. Grantee shall proceed promptly to complete such required work. SECTION 8. Grantee of the franchise granted hereby shall indemnify, save, defend and hold harmless the City and any duly established City redevelopment agency and the respective officers and employees thereof from all liability for damages proximately resulting from any operations under the franchise. SECTION 9. Grantee shall pay to City on demand the cost of all repairs to City property made necessary by any of the operations of grantee under the franchise granted hereby, provided however that grantee may make repairs to streets, sidewalks, curbs and gutters itself at its own cost in accordance with City specifications if the same can be done without undue inconvenience to the public use of the streets. SECTION 10. This franchise is granted upon each and every condition herein contained, and shall be strictly construed against grantee. Nothing shall pass by the franchise granted hereby to grantee unless it be granted in plain and unambiguous terms. Each of said conditions is a material and essential condition to the granting of the franchise. If grantee shall fail, neglect or refuse to comply with any of the conditions of the franchise granted hereby, and if such failure, neglect or refusal shall continue for more than thirty (30) days after written demand by the City Manager for compliance therewith, then City, by the City Council, in addition to all rights, and remedies allowed by law, thereupon may terminate the right, privilege and franchise granted in and by this Ordinance, and all the rights, privileges and the franchise of grantee granted hereby shall thereupon be at an end. Thereupon and 2lORDS/91-10 4 immediately, grantee shall surrender all rights and privileges in and to the franchise granted hereby. No provision herein made for the purpose of securing the enforcement of the terms and conditions of the franchise granted hereby shall be deemed an exclusive remedy or to afford the exclusive procedure for the enforcement of said terms and conditions, but the remedies and procedure outlines herein or provided, including forfeiture, shall be deemed to be cumulative. SECTION 11. This franchise is granted in lieu of all other rights and electric franchises owned by and/or granted to Grantee within the limits of the City, as said limits now or may hereafter exist, except any franchise derived under Section 19, Article XI, of the Constitution, as that section existed prior to the amendment thereof adopted October 10, 1911, and the acceptance of this franchise shall operate as an abandonment and extinguishmerit of all such rights and franchises within the limits of the City, as such limits now or may hereafter exist. When Grantee's acceptance is filed, it shall constitute a continuing agreement of Grantee that if and when the City shall thereafter annex, or consolidate with, additional territory, any and all similar rights and franchises owned by and/or granted to Grantee in such area annexed to, or consolidated with, the City shall likewise be deemed to be abandoned and extinguished. SECTION 12. Grantee shall file with the City Council, within thirty (30) days after any sale, transfer, assignment, or lease of the franchise or any part thereof, or any of the rights or privileges granted thereby, written evidence of the transaction certified to by the grantee or its duly authorized officers. SECTION 13. Nothing in this Ordinance or in the franchise granted hereby shall be construed as in any way impairing City's rights to acquire property of Grantee through the exercise of City's power of eminent domain or through voluntary agreement between City and Grantee. SECTION 14. Grantee shall not sell, transfer, assign or lease this franchise or the rights and privileges granted hereby without fding written evidence of any such sale, transfer, assignment or lease, as provided by Public Unilities Code Section 6298. SECTION 15. The grantee of this franchise shall pay to the City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of this franchise; said payment to be made within thirty (30) days after the City shall have furnished said grantee with a written statement of such expenses. SECTION 16. The franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by the grantee with the City Clerk of the City. SECTION 17. SEVERABILITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent 2/ORDS/91 - 10 5 jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 18. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. SECTION 19. This Ordinance shall be in full force and effect thirty days after its passage. A summary of this Ordinance shall be published in a newspaper published and circulated in said City at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted at City Hall. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. PASSED, APPROVED AND ADOPTED this day of ,1991. ATTEST: Ronald J. Parks, Mayor June S. Greek, City Clerk 2/ORD8/91-10 6 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) $S. I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 91-_ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 26th day of March, 1991, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the __ day of , 1991, by the following vote, to wit: AYES: COUNCILMEMBERS' NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk APPROVED AS TO FORM: Scott F. Field City Attorney 2/ORDS/91-10 7 ITEM NO. 14 ORDINANCE NO. 91-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING REGULATIONS REGARDING FLOOD DAMAGE PREVENTION THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS SECTION 1.1 STATUTORY AUTHORIZATION The Legislature of the State of California has in Government Code Sections 65302,65560 and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of the City of Temecula does adopt the regulations set forth herein SECTION 1.2 FINDINGS OF FACT A. The flood hazard areas of the City of Temecula are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. B. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. E. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; F. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; G. To insure that potential buyers are notified that property is in an area of special flood hazard; and H. To insure that those who occupy the areas of special flood hazard assume responsibility for their actions. SECTION 1.4 METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this ordinance includes methods an provisions for: A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; C. Controlling the alteration of natural floodplains, stream, channels, and natural protective barriers, which help accommodate or channel flood waters; D. Controlling fill, grading, dredging, and other development which may increase flood damage; and, E. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. SECTION 2.0 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. "Accessory Use" means a use which is incidental and subordinate to the principle use of the parcel of land on which it is located. "Alluvial Fan"' means a geomorphologic feature characterized by a cone or fan- shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountains slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity floods, debris flows, erosion, sediment movement and deposition, and channel migration. "Apex" means the point of highest elevation on an alluvial fan, which on 5lORDS 91-12 -2- undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front. "Appeal" means a request for review of the Floodplain Administrator's interpretation of any provision of this ordinance or a request for a variance. "Area of Shallow Flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of Special Flood-Related Erosion Hazard" is the land within a community which is most likely to be subject to severe flood-related erosion looses. The area may be designated as Zone E on the Flood Insurance Rate Map (FIRM). "Area of Special Flood Hazard" - See "Special Flood Hazard Area." "Area of Special Mudslide (i.e., mudflow) Hazard" is the area subject to severe mudslides (i.e., mudflows). The area is designated as Zone M on the Flood Insurance Rate Map (FIRM). "Backfill" means the placement of fill material within a specified depression, hole or excavation pit below the surrounding adjacent ground level as a means of improving flood water conveyance or to restore the land to the natural contours existing prior to excavation. "Base Flood" means the flood having a one percent chance of being equalled or exceeded in any given year (also called the "100-year flood"). "Basement" means any area of the building having its floor subgrade (below ground level) on all sides. "Building" - See "Structure" "Critical Feature" means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. "Curvilinear Line" means the border on either a Flood Hazard Boundary Map or Flood Insurance Rate Map that delineates the special flood, mudslide (i.e., mudflow) and/or floodrelated erosion hazard areas and consists of a curved or contour line that follows the topography. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or 5lORDS 91-12 -3- materials. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, building, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain. "Erosion" means the process of the gradual wearing away of land masses. This peril is not per se covered under the National Flood Insurance Program. "Existing Manufactured Home Park or Subdivision" means a manufactured home park or subdivision for which the construction or facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. "Expansion to and Existing Manufactured Home Park or Subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). "Fill" is the placement of fill material at a specified location to bring the ground surface up to a desired elevation. "Fill Material" can be natural sand, dirt, soil or rock. For the purposes of floodplain management, fill material may include concrete, cement, brick or similar material as approved on a case-by-case basis. "Flood, Flooding, or Flood Water" means (a) a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of inland or tidal waters, (2) the unusual and rapid accumulation or runoff of surface waters from any source, and/or (3) mudslides (i.e. ,mudflows) which are proximately caused by flooding as defined in paragraph (a)(2) of this definitions and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carded by a current of water and deposited along the path of the current; and Co) the collapse or subsidence of land along the shore of a lake or other body of water as a result o erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (a)(1) of this definition. "Flood Elevation Determination" means a determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year. "Flood Elevation Study" means an examination, evaluation and determination of 5lORDS 91-12 -4- flood hazards and, f appropriate, corresponding water surface elevations or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood- related erosion hazards. "Flood Hazard Boundary Map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards. "Flood lnqurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood In, rance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. "Floodplain or Flood-Prone Area" means any land area susceptible to being inundated by water from any source (see definition of "flooding"0 "Floodplain Administrator" is the individual appointed to administer and enforce the floodplain management regulations. "Floodplain Management" means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. "Floodplain Management Regulations" means zoning ordinances, subdivision regulations, building codes health regulations, special purpose ordinances (such as floodplain management regulations. "Flood Protection System" means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed to conform with sound engineering standards. "Floodproof'mg" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. "Flood-Related Erosion" means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining mused by waves or 5/ORD$ 91-12 -5- currents of water exceeding anticipated cyclical levels or suddenly mused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding. "Flood-Related Erosion Area" or "flood-related erosion prone area" mans a land area adjoining the shoe of a lake or other body of water, which due to the composition of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion damage. "Flood-related erosion area management" means the operations of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including but not limited to emergency preparedness plans, flood-related erosion control works, and floodplain management regulations. "Floodway" means the channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevations more than one foot. Also referred to as "Regulatory Floodway". "Floodway Encroachment Lines" means the lines marking the limits of floodways on Federal State and local floodplains maps. "Floodway Fringe" is the areas of a floodplain on either side of the designated floodway where encroachment may be permitted. "Fraud and Victimization" related to Section 6, "Variances", of this ordinance means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the Variance Board will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at a very high flood insurance rates. "Freeboard" means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carded out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of 5/ORD$ 91-12 -6- cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. "Hardship" as related to Section 6, "Variances", of this ordinance means the hardship that would result from a failure to grant the requested variance. The Variance Board requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as exceptional hardships. All of these problems can be resolved through other means, without granting a variance. This is so even if the alternative means are more expensive or complicated than building with a variance, or if they require the property owner to put the parcel to a different use than originally intended, or to build elsewhere. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Historic Structure" means any structure that is: (a) listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district registered historic district; (c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or (d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) by an approved state program as determined by the Secretary of the Interior or (2) Directly by the Secretary of the interior in states with approved programs. "Landf'dl" means a permitted location for the disposal, placement or dumping or garbage, trash, debris, junk or waste material. "Levee" means the man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding. "Levee System" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a buildings' lowest floor; provided, such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance. 5lORDS 91-12 -7- "Manufactured Home" means a structure, transportable in one or more sections; which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle". "Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Map" means the Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map (FIRM) for a community issued by the flood Insurance Administration, Federal Emergency Management Agency. "Mean Sea Level" means, for purposes of the National Flood Insurance Program, the National Geodetic vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "Minimum Necessary" related to Section 6, "Variances", of this ordinance means the minimum necessary to afford relief to the applicant of a variance with a minimum deviation from the requirements of this ordinance. In the case of variances to an elevation requirement, this means the Variance board need not grant permission for the applicant to build at grade, for example, or even to whatever elevation the applicant proposes, but only that level that the Board believes will both provide relief and preserve the integrity of the local ordinance. "Mudslide" (i.e., mudflow) describes a condition where there is a river, flow or inundation of liquid mud down a hillside usually as a result of a dual condition of loss of brush cover, and the subsequent accumulation of water on the ground proceeded by a period of usually heavy or sustained rain. "New Construction", for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. "New Manufactured Home Park and Subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the &ffective date of floodplain management regulations adopted by a community. "Obstruction" includes but is not limited to any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, grave, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to tits location, its propensity to snare of collect debris carried by the flow of water or its likelihood of 5/ORDS 91-12 -8- being carried downstream. "One hundred year flood" or "100-year flood" means a flood which has a one percent annual probability of being equalled or exceeded. It is identical to the "base flood", which will be the term used throughout this ordinance. "Principle Structure" means a structure used for the principal use of the property as distinguished from an accessory use. "Public Safety and Nuisances" as related to Section 6, "Variances", of this ordinance means the granting of a variance must not result in additional threats to public safety or create nuisances. This ordinance is intended to help protect the health, safety, well-being, and property of the local citizens. This is a long-range community effort made up of a combination of approaches such as adequate drainage systems, warning and evacuation plans, and keeping new property above the flood level. These long-term goals can only be met if exceptions to the requirements of this ordinance are kept to a bare minimum. "Recreational Vehicle" means a vehicle which is: a) built on a single chassis; b) 400 square feet or less when measured at the largest horizontal projection; c) designed to be self-propelled or permanently towable by a light duty truck; and d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, level, or seasonal use. "Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. "Sheet Flow Area" - see "area of shallow flooding" "Special Flood Hazard Area (SFHA)" means an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1- A30, AE, A99 or ,AH. "Start of Construction" includes substantial improvement and other proposed development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, ;such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection 5lORDS 91-12 -9- of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement the actual start of construction means the first alternation of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affect the external dimensions of the building. "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "SubstantialDamage" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either (1) any project for improvement of a structure to correct exciting violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure". "Variance" means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance. "Water Surface Elevation" means the height,in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or fivefine areas. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. SECTION 3.0 GENERAL PROVISIONS SECTION 3.1 LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all areas of special flood hazards, areas of flood-related erosion hazards and areas of mudslide (i.e., mudflow) hazards within the jurisdiction of The City of Temecula. SECTION 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated {date} and the Flood Insurance Rate Map (FIRM), dated {date}, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this ordinance. This Flood Insurance Study (FIS) and attendant mapping is the minimum area of applicability of its ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance 5lORDS 91-12 -10- and which are recommended to the City Council by the Floodplain Administrator. The study and Flood Insurance Rate Maps (FIRMs) are on file at {Address--City Hall/County Administration Building/Planning Department/Public Works, etc.}. SECTION 3.3 COMPLIANCE No structure or land shail hereafter be constructed, located, extended, converted, or aitered without full compliance with the term of this ordinance and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shail constitute a misdemeanor. Nothing herein shail prevent the City Council from taking such lawful action as is necessary to prevent or remedy any violation. SECTION 3.4 ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions hail prevail. SECTION 3.5 INTERPRETATION In the interpretation and application of this ordinance, ail provisions shail be: Ao Considered as minimum requirements; Liberally construed in favor of the City Council; and, Deemed neither to limit nor repeal any other powers granted under state statutes. SECTION 3.6 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man- made or naturai causes. This ordinance does not imply that land outside the areas of speciai flood hazards, areas of flood-related erosion hazards and areas of mudslide (i.e., mudflow) hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shail not create liability on the part of City Council, any officer or employee thereof, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. SECTION 3.7 SEVERABILITY This ordinance and the various parts thereof are hereby declared to be severable. Should any section of this ordinance be declared by the courts to be unconstitutionai or invaiid, such decision shail not affect the vaiidity of the ordinance as the whole, or any portion thereof other than the section so declared to be unconstitutionai or invaiid. SECTION 4.0 ADMINISTRATION SECTION 4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT A 5lORDS 91-12 -11- development permit shall be obtained before any construction or other development begins within any area of special flood hazard, areas of flood-related erosion hazard or areas of mudslide (i.e., mudflow) established in Section 3.2 . Application for a development permit shall be made on forms furnished by the scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: A. Proposed elevation in relation to mean seal level, of the lowest floor (including basemen0 of all structures. In Zone AO elevation of highest adjacent grade and proposed elevation of lowest floor of all structures. B. Proposed elevation in relation to mean seal level to which any structure will be floodproofed; Go ordinance; and All appropriate certifications listed in Section 4.3.D of this D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. SECTION 4.2 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR The {City Manager/Director of Planning/Public Works/Building Inspection/etc. } is hereby appointed to administer, implement and enforce this ordinance by granting or denying development permits in accord with its provisions. SECTION 4.3 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to: A. Permit review 1. Review all development permits to determine that the permit requirements of this ordinance have been satisfied; obtained. All other required state and federal permits have been 3. The site is reasonably safe from flooding; and 4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purpose of this ordinance, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point. 5/ORDS 91-12 -12- B. Use of other flood data. When base flood elevation data has not been provided in accordance with Section 3.2, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Section 5.0. Any such information shall be submitted to the City Council for adoption. C. Whenever a watercourse is to be altered or relocated. 1. Notify adjacent communities and the California Department of Water Resources prior to such alternation or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; 2. Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained. Obtain and maintain for public inspection and make available as needed: 1. the certification required by Section 5.1.C.1 (floor elevation); 2. the certification required by Section 5.1.C.2 (elevations in areas of shallow flooding); 3. the certification required by Section 5.1. C.3.c (elevation or floodproofing of nonresidential structures); 4. the certification required by Section 5.1.C.4a or 5.1.C.4b (wet floodproofing standards); (subdivision standards); the certification of elevation required by Section 5.3.B 6. the certification required by Section 5.6.A (floodway encroachments); 7. the information required by Section 5.7.F (coastal construction standards); and 8. the reports required by Section 5.8.D (mudflow standards). E. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards~ areas of flood-related erosion hazards or areas of mudslide (i.e., mudflow) (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the 510R~S 91-12 -13- interpretation as provided in Section 6.0. F. Take action to remedy violations of this ordinance as specified in Section 3.3 herein. SECTION 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION S.1 STANDARDS OF CONSTRUCTION In all areas of special flood hazards the following standards are required: A. Anchoring 1. All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. All manufactured homes shall meet the anchoring standards of Section 5.4. B. Construction Materials and Methods. 1. All new construction and substantial improvement shall be constructed with materials and utility equipment resistant and flood damage. 2. All new construction and substantial improvement shall be constructed using methods and practices and minimize flood damage. 3. All new construction and substantial improvement shall be constructed with electrical,heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 4. Require within Zones AH or AO that adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. C. Elevation and Floodproofing 1. New construction and substantial improvement shall have the lowest floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in .Section 5.1.C.3. Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator. 2. New construction and substantial improvement in Zone AO 5/ORDS 91-12 -14- shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet if no depth number is specified. Nonresidential structures may meet the standards in Section 5.1.C.3. Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Coordinator. 3. Nonresidential construction shall either be elevated to conform with 5.1.C. 1 or 2. or together with attendant utility and sanitary facilities: a. be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; b. have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and c. be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Floodplain Administrator. 4. Require, for all new construction and substantial improvement that fully enclosed areas below the lowest floor that area usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing or the entry an exit of floodwater. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria. a. Either a minimum of two opening shave a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided, the bottom of all openings hall be no higher than one foot above grade (openings may be equipped with screens, louvers, valves or other coverings or devices provide that they permit the automatic entry and exit of floodwater): or b. Be certified to comply with a local floodproofing standards approved by the Federal Insurance Administration, Federal Emergency Management Agency. Manufactured homes shall so meet the standards in Section 5.4. SECTION 5.2 STANDARDS FOR UTILITIES A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. 5lORDS 91-12 -15- B. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. C. Other utilities are addressed at 5.1.B and 5.3.D. SECTION 5.3 STANDARDS FOR SUBDIVISIONS A. All preliminary subdivision proposals shall identify the flood hazards area and the elevation of the base flood. B. All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the final first floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator. C. All subdivision proposals shall be consistent with the need to minimize flood damage. D. All subdivision proposals have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. to flood hazards. All subdivisions shall provide adequate drainage to reduce exposure SECTION 5.4 STANDARDS FOR MANUFACTURED HOMES A. All manufactured homes that are placed for substantially improved within a special flood hazard area on the community's Flood Insurance Rate Map 1) outside of a manufactured home park or subdivision, 2) in a new manufactured home park or subdivision, 3) in an expansion to an existing manufactured home park or subdivision, 4) in an existing manufactured home park or subdivision on which a manufactured home has incurred 'substantial damage~ as the result of a flood: 1. Be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist floatation collapse and lateral movement. B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision on the community's Flood Insurance Rate Map that are not subject to the provisions of paragraph 5.4.A. of this section will be elevated so that either: 1. The lowest floor of the manufactured home is at or above the base flood elevation, or 5lORDS 91-12 -16- 2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at lease equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement. C. All manufactured homes to be placed or substantially improved on sites within Zones V1-30,V and VE on the community's FIRM shall meet the applicable standards of Items A and B above as well as the standards of Section 5.7. SECTION 5.5 STANDARDS FOR RECREATIONAL VEHICLES All recreational vehicles placed on sites within a floodplain shown on the community's Flood Insurance Rate Map will either: A. Be on the site for fewer than 180 consecutive days, B. Be fully licensed and ready for highway use, or C. Meet the permit requirements of Section 4 of this ordinance and the elevation and anchoring requirements for manufactured homes in 5.4 of this section. SECTION 5.6 FLOODWAYS Located within areas of special flood hazard established in Section 3.2 are areas designated as floodways. Since the floodway is extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: A. Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood level during the occurrence of the base flood discharge. B. If Section 5.6.A. is satisfied, all new construction, substantial improvement and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Section 5. SECTION 5.7 COASTAL HIGH HAZARD AREAS Within coastal high hazard areas established in Section 3.2, the following standards shall apply: A. All new construction and substantial improvement shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level. The pile or column foundation and structure attached hereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standards. 5lORDS 91-12 -17- B. All new construction and other development shall be located on the landward side of the reach of mean high tide. C. All new construction and substantial improvement shall have the space below the lowest floor free of obstructions and constructed with breakaway walls as defined in Section 2 of this ordinance. Such enclosed space shall not be used for human habitation and will be useable solely for parking of vehicles, building access or storage. Fill shall not be used for structural support of buildings. E. Man-made alteration of sand dunes which would increase potential flood damage is prohibited. F. The Floodplain Administrator shall obtain and maintain the following records: 1. Certification by a registered engineer or architect that a proposed structure complies with Section 5.7.A. 2. The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement. SECTION 5.8 MUDSLIDE (i.e., MUDFLOW) - PRONE AREAS A. The Floodplain Administrator shall review permits for proposed construction of other developments to determine if it is proposed within a mudslide area. B. Permits shall be reviewed to determine that the proposed development is reasonably safe from mudslide hazards. Factors to be considered in making this determination include but are not limited to: 1. The type of quality of soils; 2. Evidence of ground water or surface water problems; 3. The depth and quality of any fill; 4. The overall slope of the site; and The weight that any proposed development will impose on the slope. C. Within areas which have mudslide hazards, the following 5lORDS 91-12 -15- requirements apply: 1. A site investigation and further review shall be made by persons qualified in geology and soils engineering; 2. The proposed grading, excavation, new construction, new construction, and substantial improvement shall be adequately designed and protected against mudslide damages; 3. The proposed grading, excavations, new construction and substantial improvement shall not aggravate the existing hazard by creating either off-site or off-site disturbances; and endanger slope stability. Drainage, planting, watering and maintenance shall not D. Within Zone M on the Flood Insurance Rate Map, the community shall adopt a drainage ordinance which at least complies with the standards of Sections 7001 through 7006 and Sections 7008 through 7015 of the most recent amendment of the 1973 Uniform Building Code: 1. The location of foundation and utility systems of new construction, substantial improvement and other proposed new development; 2. The location, drainage and maintenance of all excavations, cuts and fills and planted slopes; 3. Protective measures including but not limited to retaining walls, buttress fills, subdrains, diverter terraces, benching, etc; and all corrective measures, reports. Engineering drawings and specifications to be submitted or accompanied by supporting soils engineering and geology SECTION 5.9 FLOOD-RELATED EROSION-PRONE AREAS A. The Floodplain Administrator shall require permits for proposed construction and other development within all flood-related erosion-prone areas as known to the community. B. Such permits shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard. C. If a proposed improvement is found to be in the path of flood- related erosion or would increase the erosion hazard, such improvement shall be 5lORDS 91-12 -19- relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard. D. Within Zone E on the flood Insurance Rate Map, a setback is required for all new development from the ocean, lake, bay, riverfront or other body of water to crate a safety buffer consisting of a natural vegetative or contour strip. This buffer shall be designated according to the flood-related erosion hazard and erosion rate, in relation to the anticipated "useful life~ of structure, and depending upon the geologic, hydrologic, topographic and climatic characteristics of the land. The buffer may be used for suitable open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only. SECTION 6.0 VARIANCE PROCEDURE SECTION 6.1 NATURE OF VARIANCES The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. Though these standards vary from jurisdiction to jurisdiction, in general, a properly issued variance is granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristics must pertain to the land itself, not to the structure, its inhabitants, or the property owners. It is the duty of the City Council to help protects its citizens from flooding. This need is so compelling, and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. Therefore, the variance guidelines provided in this ordinance are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. SECTION 6.1 APPEAL BOARD A. The City Council of the City of Temecula shall hear and decide appeals and requests for variances from the requirements of this ordinance. B. The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. C. In passing upon such applications, The City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and: , 1. the danger that materials may be swept onto other lands to 5/ORD$ 91-12 -20- the injury of others; damage; the danger of life and property due to flooding or erosion 3. the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property; facility to the community; the importance of the services provided by the proposed applicable; the necessity to the facility of a waterfront location, where 6. the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; e anticipated development; the compatibility of the proposed use with existing and 8. the relationship of the proposed use to the comprehensive plan and floodplain management program for the area; 9. the safety of access to the property in time of flood for ordinary and emergency vehicles; 10. the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and, 11. the costs of providing governmental services during and after flood conditions, including maintenance and repair of pubic utilities and facilities such as sewer, gas, electrical, and water system, and street and bridges. D. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that 1) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as 425 for $100 of insurance coverage and 2) such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. E. The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency. 5lORDS 91-12 -21- SECTION 6.2 CONDITIONS FOR VARIANCES A. Generally, variances may be issued for new construction, substantial improvement and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 4 and 5 of this ordinance have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. B. Variances may be issued for the repair or rehabilitation of "Historic Structures" (as defined in Section 2 of this ordinance) upon determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. C. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. D. Variances shall only be issued upon a determination that the variance is the "minimum necessary" (as defined in Section 2 of this ordinance), considering the flood hazard, to afford relief. E. Variances shall only be issued upon 1) a showing of good and sufficient cause; 2) a determination that failure to grant the variance would result in exceptional "hardship" (as defined in Section 2 of this ordinance) to the applicant; and 3) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create "nuisances" (as defined in Section 2 of this ordinance), cause "fraud or victimizafion" (as defined in Section 2 of this ordinance) of the public, or conflict with existing local laws or ordinances. F. Variances may be issued for new construction, substantial improvement and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Sections 6.2.A through 6.2.E are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. G. Upon consideration of the factors of Section 6.1.C and the purposes of this ordinance, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purpose of this ordinance. SECTION 7.0 Ordinance No 458 of the County of Riverside, which the City of Temecula adopted by reference pursuant to Ordinance No. 90-04 in hereby repealed. 5lORDS 91-12 -22- SECTION 8.0 SEVERABILITY The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 9.0 The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. SECTION 10.0 EFFECTIVE DATE This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Council Members voting thereon, it shall be published in a newspaper published and circulated in said City. PASSED, APPROVED AND ADOPTED, This 9th day of April, 1991. ATTEST: Ronald J. Parks, Mayor June S. Greek, City Clerk [SEAL] 5/ORDS 91-12 -23- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 91-12 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 26th day of March, 1991, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 9th day of April, 1991, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: APPROVED AS TO FORM: June S. Greek, City Clerk Scott F. Field City Attorney 5lORDS 91-12 -24- ITEM NO. 15 APPROVAL CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department April 9. 1991 Appeal of Planning Commission Denial of Parcel Map No. 25607 PREPARED BY: RECOMMENDATION: Steve Jiannino ADOPT Resolution 91- denying Parcel Map No. 26507 based on the analysis and findings contained in the Staff Report and upholding the Planning Commission's denial of Parcel Map No. 25607. BACKGROUND: The above mentioned case was continued from the February 26, 1991 City Council Meeting at the request of the applicant. Please see attached Staff Report dated February 26, 1991. SJ :ks A: PM25607 APPROVAL CITY ATTORNEY ~ FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department February 26, 1991 Appeal of Planning Commission Denial of Parcel Map No. 25607 PREPARED BY: RECOMMENDATION: Steve Jiannino ADOPT Resolution 91- denying Parcel Map No. 26507 based on the analysis and findings contained in the Staff Report and upholding the Planning Commission's denial of Parcel Map No. 25607. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: Robert Paine Benesh Engineering 2 lot residential subdivision Southeast corner of Ormsby Road and Estero Street R-R (Rural Residential) North: R- R South: R- R East: R- R West: R- 1 ( Rural Residential) ( Rural Residential.) ( Rural Residential) (One-Family Dwelling) Same Vacant STAFFRPT\PM25607 1 SURROUNDING LAND USES: PROJECT STATISTICS: North: South: East: West: Single Family Homes Vacant Single Family Homes Single Family Residential Tract Total Acres: No. of Lots: Maximum Lot Size: Minimum Lot Size: 1.42 acres 2 lots .806 acre .614 acre BACKGROUND: The Planning Commission held two public hearings for Parcel Map No. 25607. At the January 28, 1991 public hearing, the Planning Commission adopted a resolution denying Parcel Map No. 25607 by a 3-2 vote. The Commission's concerns regarding this project were access, subsurface sewage disposal and processing procedure. The Commission felt that access from Ynez Road via Santiago and Ormsby Roads was inappropriate due to the lack of improvements along Santiago Road. Since the four (4) lots along Estero Street were graded into eight (8) pads, the Commission indicated that a Tentative Tract Map process would have been a more appropriate application procedure for the area. A Tentative Tract application would have required increased infrastructure improvements for the proposed lot sizes, including sewer service for the creation of lots under one acre. The Planning Commission requested that the Findings be amended to reflect their discussions. Staff has amended Findings 1, 3, 4 and 6 to address the Commission's discussions. RECOMMENDATION: Staff recommends that the City Council ADOPT Resolution 91- denying Parcel Map No. 26507 based on the analysis and findings contained in the Staff Report and upholding the Planning Commission's denial of Parcel Map No. 25607. SJ: ks Attachments: 1. Resolution 2. Planning Commission Staff Reports dated 1-28-91 and 1-7-91 3. Planning Commission Minutes dated 1-28-91 and 1-7-91 STAFFRPT\PM25607 2 RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING TENTATIVE PARCELMAP NO. 25607 TO SUBDIVIDE A 1.4 ACRE PARCEL INTO 2 PARCELS AT THE SOUTHEAST CORNER OF ESTERO STREET AND ORMSBY ROAD. WHEREAS, Robert Paine filed Tentative parcel Map No. 25607 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Tentative Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the City Council considered said Tentative Parcel Map on February 26, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Council hearing, the Council denied said Tentative Parcel Map; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. the following findings: Findinqs. That the Temecula City Council hereby makes A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: (a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. STAFFRPT\PM25607 1 (b) There is not a probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Tentative Parcel Map is consistent with the SWAP. However, the SWAP designation for the property that is the subject of this proposed Tentative Parcel Map (hereafter the "Property") is inconsistent with the future General Plan, to wit: (1) The City Council finds, in denying the application that: (a) There is reasonable probability that Tentative Parcel Map No. 25607 proposed will not be consistent with the general plan proposal which will be studied within a reasonable time. (b) There is a probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. D. (1) Pursuant to Section 7.1 of County Ordinance No. 460, any subdivision may be denied if any of the following findings are made: a) That the proposed land division is not consistent with applicable general and specific plans. b) That the design or improvement of the proposed land division is not consistent with applicable general and specific plans. c) That the site of the proposed land division is not physically suitable for the type of development. STAFF R PT\PM25607 2 d) That the site of the proposed land division is not physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are likely to cause serious public health problems. That the design of the proposed land division or the type of improvements will conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. (2) The Council in denying the proposed Tentative Parcel Map, makes the following findings: a) (INSERT FINDINGS FROM THE STAFF REPORT HERE) SECTION 2~ The City of Temecula City Council hereby denies Tentative Parcel Map No. 25607 for the subdivision of a 1.8 acre parcel into 2 parcels located at the southeast corner of Estero Street and Ormsby Road based on the above findings, DENIED AND ADOPTED this 26th day of February, 1991. RONALD J. PARKS MAYOR STAFFRPT\PM25607 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 26th day of February, 1991 by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS JUNE S. GREEK CITY CLERK STAFFRPT\PM25607 4 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION January 28, 1991 Case No.: Tentative Parcel Map No. 25607 Prepared By: Steve R. Jiannino Recommendation: Adopt Resolution 91- denying Tentative Parcel Map No. 25607 based on the Findings contained in the Staff Report. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: PROJECT STATISTICS: Robert Paine Benesh Engineering 2 lot residential subdivision Southeast corner of Ormsby Road and Estero Street R-R IRural Residential) North: R- R South: R- R East: R- R West: R- 1 Rural Residential) Rural Residential) Rural Residential) One-Family Dwelling Same Vacant North: South: East: West: Single Family Homes Vacant Single Family Homes Single Family Residential Tract Total Acres: No. of Lots: Maximum Lot Size: Minimum Lot Size: 1.42 acres 2 lots .806 acre .614 acre STAFFRPT\PM25607 1 BACKGROUND: ANALYSIS: The application for Tentative Parcel Map No. 25607 was submitted to the Riverside County Planning Department January 23, 1990. The project was transmitted to the City of Temecula Planning Department in June as an incomplete application. The project has been processed by the City through both the Pre-DRC and the Formal DRC meeting. The applicant has addressed the concerns of Staff. The project is being forwarded to the Planning commission for your consideration. The site has been previously graded and two house pads currently exist within the 1.4 acres. The Planning Commission has approved two other Parcel Maps on Estero Street, Parcel Map No. 2~633 and Parcel Map No. 25538, at recent Planning Commission meetings. This project continues the established trend of 1/2 acre lots along Estero Street. Staff has conditioned this project in a similar manner as the previous two parcel maps. Parcel Map No. 25607 proposes to divide Parcel 4 of Parcel Map No. 16705 into two parcels; Parcel 1 - .806 acres Parcel 2 - .614 acres. The proposed lot sizes conform to the development standards of the R-R (Rural Residential) zoning for the site. The proposed 1/2 acre lots provide a transition area between R- 1 [ 7,200 square foot lots ) to the west and the larger rural lots to the south and east. Circulation: Direct access is achieved from Estero Street to Ormsby Road which connects to Santiago Road. Ormsby Road is a paved road which is in need of repair. Ormsby connects with Santiago Road which is scheduled to be a major road but is currently a dirt road or partially paved. A paved access to the tract is available through the residential tract to the west, Windsor Crest. The circulation through the residential tract is not the most appropriate since Ormsby Road is a residential collector, but it does not currently connect with a fully improved major road, Santiago Road. STAFFRPT\PM25607 2 GENERAL PLAN AND SWAP CONSISTENCY: ENVIRONMENTAL DETERMINATION: Infrastructure Water and power currently exist in the area with proposed sewage disposal being achieved by the use of septic tanks. There are concerns regarding the use of septic tanks for sewage disposal in tracts including 6 or more lots. The San Diego Regional Water Quality Control Board currently has a memorandum of understanding with Riverside County Health that on subdivisions of land with 5 or fewer lots, the project will be reviewed by the County Health Department, which allows minimum lot sizes of 1/2 acre for septic use. On tracts consisting of 6 or more lots, the project would be reviewed by the San Diego Regional Water Quality Control Board. The policy of the board requires minimum lot sizes of 1 acre for septic disposal. With Estero Street being reviewed as one project, the current proposed subdivision would not be consistent with the requirement since 6 lots are already approved along Estero Street, with 4 1/2 acre lots and 2 lots over an acre in size. Therefore, concerns exist regarding ground water quality with the approval of this project. Zoninq The project conforms to the current zoning for the site, R-R, which allows a minimum lot size of .5 acres. The project has been conditioned to conform to the improvement standards of Ordinance No. 460, Schedule G. The subject parcel is designated as 1-2 dwelling units per acre according to the Southwest Area Plan. The proposed land division is consistent with this designation, resulting in the potential of 1.6 DU/AC. The project is maybe inconsistent with the newly developed General Plan if the infrastructure requirements for 1/2 acre lots requires sewers for sewage disposal. Due to the recommended denial, no environmental determination has been made at this time. Before an environmental determination can be made, additional studies may be needed. These studies will include: 1) a detailed traffic study to address STAFFRPT\PM25607 3 FINDINGS: the cumulative effect of increased density within the area on the existing road systems, and 2J a soils and geologic report, including detailed information on the potential for soil and groundwater contamination caused by the cumulative effects of subsurface disposal from the proposed project. There is a reasonable probability that this project may be inconsistent with the General Plan being prepared at this time. The project does not propose the proper infrastructure for the proposed density with use of subsurface sewage disposal and lack of adequate paved access. The proposed use complies with State planning and zoning law. The project conforms to the current zoning for the site and to Ordinance No. 460, Schedule G. e The site is not suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density. The project does not have appropriate off-site access and does not provide sewer service. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, due to the fact that the site has been previously graded under County approved grading permits. The design of'the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities. The lots are large enough to provide sufficient southern exposure. e All lots have access to existing and proposed dedicated rights-of-way which are open to, vehicular traffic, access is provided from Estero Street, although access through Ormsby and Santiago Roads are not currently improved. STAFFRPT\PM25607 4 STAFF RECOMMENDATION: e The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict. with easements for access through or use of the property within the proposed project as conditioned. The project will not interfere with any easements. That said findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. Planning Department Staff recommends that the Planning Commission: Adopt Resolution No. 91- denying Parcel Map No. 25607 based on the Analysis and Findings contained in the Staff Report. SJ:ks Attachments Resolution Exhibits STAFF R PT\PM25607 5 RESOLUTION NO. 91-5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING PARCEL MAP NO. 25607 TO SUBDIVIDE A 1.[; ACRE PARCEL INTO 2 PARCELS AT THE SOUTHEAST CORNER OF ORMSBY ROAD AND ESTERO STREET. WHEREAS, Robert Paine filed Parcel Map No. 25607 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Parcel Map on January 7 and January 28, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission approval of said Parcel Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findinqs. That theTemecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. STAFFRPT\PM25607 1 b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Parcel Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Codeo to wit: (1) The city is proceeding in a timely fashion with a preparation of the general plan. (2) The Planning Commission finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: a) There is reasonable probability that Parcel Map No. 25607 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. STAFFRPT\PM25607 2 D. (1) Pursuant to Section 7.1 of County Ordinance No. 460, a subdivision map shall be denied if any of the following findings are made: a) That the proposed land division is not consistent with applicable general and specific plans. b) That the design or improvement of the proposed land division is not consistent with applicable general and specific plans. c) That the site of the proposed land division is not physically suitable for the type of development. d) That the site of the proposed land division is not physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are likely to cause serious public health problems. g) That the design of the proposed land division or the type of improvements will conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. STAFFRPT\PM25607 3 (2) The Planning Commission in denying Tentative Parcel Map, makes the following findings, to wit: a) There is a reasonable probability that this project may be inconsistent with the General Plan being prepared at this time. The project does not propose the proper infrastructure for the proposed density with use of subsurface sewage disposal and lack of adequate paved access. bl The proposed use complies with State planning and zoning law. The project conforms to the current zoning for the site and to Ordinance No. 460, Schedule G. c) The site is not suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density. The project does not have appropriate off-site access and does not provide sewer service. d) The design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, due to the fact that the site has been previously graded under County approved grading permits. e) The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities. The lots are large enough to provide sufficient southern exposure. f) All lots have access to existing and proposed dedicated rights-of-way which are open to, vehicular traffic, access is provided from Estero Street, although access through Ormsby and Santiago Roads are not currently improved. STAFFRPT\PM25607 4 h) The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project as conditioned. The project will not interfere with any easements. That said findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. SECTION 2. PASSED, DENIED AND ADOPTED this 28th day of January, 1991. DENNIS CHINIAEFF CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 28th day of January, 1991 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS PLANNING COMMISSIONERS PLANNING COMMISSIONERS STAFFRPT\PM25607 5 t ZONING CASE R-R R II I I II I LOCATION c^s~ DU/AC ARGARITA ~Vi SP1 ~) STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION January 7, 1991 Case No.: Tentative Parcel Map No. 25607 Prepared By: Steve R. Jiannino Recommendation: Adopt Negative Declaration and Adopt Resolution 91- approving Tentative Parcel Map No. 25607 based on the Findings contained in the Staff Report and subject to the attached Conditions of Approval. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: PROJECT STATISTICS: Robert Paine Benesh Engineering 2 lot residential subdivision Southeast corner of Ormsby Road and Estero Street R-R [Rural Residential) North: R - R South: R - R East: R- R West: R- 1 ( Rural Residential ) ( Rural Residential) ( Rural Residential) ( One-Family Dwelling) Same Vacant North: South: East: West: Single Family Homes Vacant Single Family Homes Single Family Residential Tract Total Acres: No. of Lots: Maximum Lot Size: Minimum Lot Size: 1.~2 acres 2 lots .806 acre .61~ acre STAFF R PT\PM25607 1 BACKGROUND: ANALYSIS: The application for Tentative Parcel Map No. 25607 was submitted to the Riverside County Plannin9 Department January 23, 1990. The project was transmitted to the City of Temecula Plannin9 Department in June as an incomplete application. The project has been processed by the City through both the Pre-DRC and the Formal DRC meeting. The applicant has addressed the concerns of Staff. The project is being forwarded to the Plannin9 commission for your consideration. The site has been 9faded with two existing house pads. The Planning Commission has approved two other Parcel Maps on Estero Street, Parcel Map No. 2~4633 and Parcel Map No. 25538, at recent Planning Commission meetings. This project continues the established trend of 1/2 acre lots along Estero Street. Staff has conditioned this project in a similar manner as the previous two parcel maps. Parcel Map No. 25607 proposes to divide Parcel ~ o1' Parcel Map, No. 16705 into two parcels; Parcel 1 - .806 acres Parcel 2 - .61~ acres. The proposed lot sizes conform to the development standards of the R-R ( Rural Residential) zoning for the site. The proposed 1/2 acre lots provide a transition area between R-1 (7,200 square foot lots) to the west and the larger rural lots to the south and east. Circulation: Access to the project will be from Estero Road which is paved and connects to the Windsor Crest Development which connects to Pauba Road or from Ormsby which is paved but contains pot holes and connects to Santiago which is only partially paved. Zoninq The project conforms to the current zoning for the site, R-R, which allows a minimum lot size of .5 acres. The project has been conditioned to conform to the improvement standards of Ordinance No. 460, Schedule G. STAFFRPT\PM25607 2 GENERAL PLAN AND SWAP CONSISTENCY: ENVIRONMENTAL DETERMINATION: FINDINGS: The subject parcel is designated as 1-2 dwelling units per acre according to the Southwest Area Plan. The proposed land division is consistent with this designation, resulting in the potential of 1.6 DU/AC, It is anticipated that the proposed land division, as conditioned, will be consistent with the City's forthcoming General Plan as a transitional land use between the approximate 0.25 acre lots and the surrounding larger parcels. An initial study has been completed for the project and a Negative Declaration is recommended for the proposal. The proposed Tract Map will not have a significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. There is a reasonable probability that this' project will be consistent with the General Plan being prepared at this time. The project is consistent with the surrounding current residential development. There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan. The project is of a small scale and is consistent with surrounding development. The proposed use complies with State planning and zoning law. The project conforms to the current zoning for the site and to Ordinance No. ~60, Schedule G. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density. The project has access to public roads and already has two graded house pads. e The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or STAFFRPT\PM25607 3 substantially and avoidable injure fish or wildlife or their habitat as determined in the initial study. t The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities. The lots are large enough to provide sufficient southern exposure. All lots have acceptable access to existing and proposed dedicated rights-of-way which are open to, and are useable by, vehicular traffic, access is provided from Estero Street. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project as conditioned. The project will not interfere. with any easements. 10. The lawful conditions stated in the project~s Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. STAFF RECOMMENDATION: 11. That said findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. Planning Department staff recommends that the Planning Commission: SJ :ks Attachments Adopt the Negative Declaration for Parcel Map No. 25607; and Adopt Resolution No. 91- approving Parcel Map No. 25607 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. Resolution Conditions of Approval Initial Study Exhibits STAFFRPT\PM25607 ~ RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PARCEL MAP NO. 25607 TO SUBDIVIDE A 1.4 ACRE PARCEL INTO 2 PARCELS AT THE SOUTHEAST CORNER OF ORMSBY ROAD AND ESTERO STREET. WHEREAS, Robert Paine filed Parcel Map No. 25607 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Parcel Map on January 7, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission approval of said Parcel Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findincas. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty {30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: {1) The city is proceeding in a timely fashion with the preparation of the general plan. { 2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. STAFF R PT\PM25607 1 There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, {hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Parcel Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is proceeding in a timely fashion with a preparation of the general plan. (2) The Planning Commission finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: a) There is reasonable probability that Parcel Map No. 25607 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. {1) Pursuant to Section 7.1 of County Ordinance No. [t60, no subdivision may be approved unless the following findings are made: STAFF R PT\PM25607 2 a) That the proposed land division is consistent with applicable general and specific plans. b) That the design or improvement of the proposed land division ~s consistent with applicable general and specific plans. c) That the site of the proposed land division is physically suitable for the type of development. d) That the site of the proposed land division is physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. g) That the design of the proposed land division or 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 land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. (2) The Planning Commission in recommending approval of the proposed Tentative Tract Map, makes the following findings, to wit: a) The proposed Tract Map will not have a significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. STAFF R PT\PM25607 3 b) c) d) e) f) g) h) i) There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time. The project is consistent with the surrounding current residential development. There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan. The project is of a small scale and is consistent with surrounding development. The proposed use complies with State planning and zoning law. The project conforms to the current zoning for the site and to Ordinance No. z~60, Schedule G. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density. The project has access to public roads and already has two graded hous& pads. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat as determined in the initial study. The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities. The lots are large enough to provide sufficient southern exposure. All lots have acceptable access to existing and proposed dedicated rights-of-way which are open to, and are useable by, vehicular traffic, access is provided from Estero Street. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project as conditioned. The project will not interfere STAFFRPT\PM25607 with any easements. j) The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. k) That said findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. E. As conditioned pursuant to SECTION 3, the Parcel Map proposed is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that the proposed project will not have a significant impact on the environment, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby approves Parcel Map No. 25607 for the subdivision of a 1 .t~ acre parcel into 2 parcels located at the southeast corner of Ormsby Road and Estero Street subject to the following conditions: A. Exhibit A, attached hereto. PASSED. APPROVED AND ADOPTED this 7th day of January, 1991. DENNIS CHINIAEFF CHAIRMAN I HEREBY CERTIFY that the foreg(Hng Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 7th day of January, 1991 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS PLANNING COMMISSIONERS PLANNING COMMISSIONERS STAFF R PT\PM25607 5 CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Parcel Map No: 25607 Project Description: 2 Lot Residential Subdivision Assessor's Parcel No.: 945-070-011 Planninq Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule G, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. e This conditionally approved tentative map will expire two years after the approval date, unless extended as provided by Ordinance 460. The expiration date is Any delinquent property taxes shall be paid prior to recordation of the final map. Legal access as required by Ordinance 460 shall be provided from the tract map boundary to a City maintained road. o All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. Street names shall be subject to approval of the City Engineer. o Easements, when required for roadway slopes, 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 and recorded as directed by the City Engineer. e The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated November 9, 1990, a copy of which is attached. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District~s letter dated April 6, 1990, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities STAFFRPT\PM25607 1 10. 11. 12. 13. 14. 15. shall be collected by the City prior to issuance of Occupancy Permits. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated November 19, 1990, a copy of which is attached. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. Lots created by this subdivision shall comply with the following: Lots created by this subdivision shall be in conformance with the development standards of the R-R zone. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following note shall be placed on the Environmental Constraints 5he, t: "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. Prior to the issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontolocjicai impacts. Should the paleontologist find the potential is high for impact to significant resources, a pt,-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. STAFFR PT\PM25607 2 16. 17. .18. 19. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer's successor's- in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public libram/ development. All building plans for all new structures shall incorporate, all required elements from the subdivision's approved fire protection plan as approved by the County Fire Marshal. All dwellings to be constructed within this subdivision shall be designed and constructed with fire retardant I Class A) roofs as approved by the Fire Marshal. Building separation between all buildings including fireplaces shall not be less than ten 110) feet. e. All street side yard setbacks shall be a minimum of ten (10) feet. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temacula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 2~633, which action is brought within the time period provided for in California Government Code Section 66~99.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provided. Telephone, cable TV, and/or security systems shall be pt.-wired in the residence. STAFFR PT\PM25607 3 20. Prior to recordation of the Final Map, the developer or his assignee must conform to the park district Quimby Ordinance, unless waived to time of issuance of a building permit. 21. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. Parks and Recreation 22. TCSD Conditions: Upon request of a building permit for construction of a residential structure or structures on one or more of the parcels within four years a predetermined Quimby Act fee to be used for neighborhood and community park or recreational purposes in the amount equal to the fair market value of .01295* acres shall be paid by the owner of each such parcel as a condition to the issuance of such permit as authorized by Riverside County Ordinance No. 460 as amended through Ordinance No. 460.93. Plus 20% for offsite improvements Enqineerinq Department The following are the Engineering Department Conditions of Approval for this project, and shall be completed at no cost to any Coyeminent Agency. All questions regardin9 the true meaning of the conditions shall be referred to the Engineering Department. It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. 23. The Developer shall comply with the State of California Subdivision Map Act, and all applicable City Ordinances and Resolutions, 24. The final map shall be prepared by a licensed land surveyor or registered Civil Engineer, subject to all the requirements of the State of California Subdivision Map Act and Ordinance No. ~60. PRIOR TO RECORDATION OF THE FINAL MAP: 25. The developer shall receive written clearance from the following agencies: Rancho California Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Engineering Department; Riverside County Health Department; CATV Franchise; and. Parks and Recreation Department. STAFFRPT\PM25607 ~ 26. Ormsby Road shall be improved with 22 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right- of-way in accordance with County Standard No. 103, Section A (~4'/66'). 27. Estero Street shall be improved with full street improvements within the dedicated right-of-way in accordance with County Standard No. 105, Section B (36'/60') with concrete curb and gutter. The developer shall enter into a reimbursement agreement with the City for the construction of Estero Street east of Ormsby Road. Parcels 1, 2, and 3 of Parcel Map No. 16705 shall be required to reimburse the developer for the cost of design and construction of Estero Street within their frontage prior to any permit issuance or prior to any subdivision approval. 28. The subdivider shall construct or post security and an agreement shall be .executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. aJ Street improvements, including, but not limited to: pavement, curb and gutter, drive approaches, street lights, signing, and striping. b. Domestic water systems. 29. Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. ~61 and as approved by the City Engineer. 30. Prior to recordation of the final map, the developer shall deposit with the Engineering Department a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. 31. A minimum centerline street grade shall be 0.50 percent. 32. The subdivider shall submit four copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. 33. A drainage easement shall be provided across Parcel 1 for the benefit of Parcel 2. PRIOR TO ISSUANCE OF BUILDING PERMIT: A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. STAFFRPT\PM25607 5 PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 35. Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, drive approaches, parkway trees and street lights. 36. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project, in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which Developer requests its building permits for the project or any phase thereof, the Developer shall execute the Agreement for Payment of Public Facility Fee, a copy of which has been provided to Developer. Developer understands that said Agreement may require the payment of fees in excess of those now estimated l assumincj benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. Transportation Enqineerinq PRIOR TO RECORDATION OF THE FINAL MAP: 37. A signing plan shall be designed by a registered Civil Engineer and approved by the City Engineer for Estero Street and Ormsby Road and shall be shown on the street improvement plans. 38. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 39. All signing and striping shall be installed per the approved signing and striping plan. STAFFRPT\PM25607 6 ~ove~ber 19, ~990 PCANNLNG ~t ENGINEERING ~?eo LZTI~ ~I'REET RIVSR$ID~, CA O;JOt (?t*) 275-4777 TO: CiTY OF I'D~ECULA PA.qCEL ~ 2~607 the Fi=e Dsp&g~m~n~ =aco=mands the ~ollowtn~ fire 9ro=eccton naasurss be ~rov1~sd in accordance rich Kiverei~s Coun:y Ordinances end/or recognized fire protect:on PROTECTION shall bE lotacid IS C~mt no portion of the frontaSs of any lot is more than hOUrS dutatlon &C 20 PSI. placed ou an ~nd:vtdual lot. the EivezsLde County ~ire Department, a eaeh su~ o! $400.00 per lot/uuit as acLtiSaCion ~or ~lwe p~ocection impacts. P~a~n~ns and Enjtnetxtu$ i~A!~OND H. P~OIS Eichael E. Gray, Deputy Fire Depar~nenc Plasmas RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT F~IVI='F~$10I~. CALJI='ORNIA g2.502 April 6, 1990 P.O. BOX 1033 "tEL I~FIHON~ (714,) FAX NO. (714) 781~-9965 Riverside County Planning Department County Administrative Center Riverside, California Attention: Regional Team No. 1 Sung Key Ma Ladies and Gentlemen: Re: Parcel Map 25607 This is a request to divide 1.42 acres into two lots; the smaller lot would be .52 acres net. The property is located in the Ran- cho California area on Ormsby Road between Santiago and Pauba Roads. .The topography of this area consists of rolling hills with the swales subject to occasional flash flooding. Extensive develop- ment is occurring in the region with new grading and building adjoining this project. Following are the District's recommendations: Local runoff in Estero Street should be directed to out- let into Ormsby Road. Curb and gutters or AC berms shall be installed along the adjacent roadbeds and should provide protection against offsite runoff. A copy of the improvement plans, grading plans and final map along with supporting hydrologic and hydraulic cal- culations should be submitted to the District via the Road Department for review and approval prior to recorda- tion of the final map. Grading plans should be approved prior to issuance of grading permits. Questions concerning this matter may be referred to the Subdivision section of this office at 714/787-2884. c: Benesh Engineering H KA H ior Civil Engineer DHT:mcy 3636 UNiV~SI'I'Y AV~NU~ ' _.-:~ ~.;~x..--NT O~ HEALTH HAS ~EVI~D TH~ HAP DESCRIBED ABOVE 11 ;-.,~, GU2STIONS CONC~RNING THIS T~IISHI~AL. CONTACT (714) 707-G543. ...... ...-ND.~TiONS AR~ AS FOLLOWS: ~1~ ~nvironmenL~l He~lLh Services, Dxvi:~on (~}{SD) I~as r~vxowod · ':o~' t "o encounLorod ia %hi~ ar~a may t~oE be conducive to of f'OCtl'/,3 Cu2~ , i'ill~ . contp~c~ion, eLc. a~d Derfbr:n t]~ LesL~ a~d b,~r~us :::~ :~ils enq.ineor must Drovide a aradina pla~ For review n~(J ag~pro'~:tl . proposed cuts and/or fills in t]~o areas of :=bsurfaco sewaoo dxs~osnl ~vst. om. :oiL," ~in~er's ~iqn~turo and seal 'JiLt cnqii~oo~' 5 O~ut~ ~V moro tl~ri A c~Dy of* the* fin:l oradino plan. on · .:-::':'.:::~ with detailed $ub=urf~c~ :ewaao -::'=:.:':Jicn, sll~li bo ~ubiniLtod l'or review a~sd a~proval . :'. '. :_ ='i: (~l' -- '.'.:: 117 (!{'£V. 0l/t30) CITY OF TEMECULA PLANNINC DEPARTMENT INITIAL ENVIRONMENTAL STUDY II Backqround 1. Name of Proponent: Robert Paine J Address and Phone Number of Proponent: 6563 Via Arboles Anaheim, CA 92808 {213) 633-0161 Date of Environmental Assessment: November 19, 1990 Agency Requiring Assessment: CITY OF TEMECULA Name of Proposal, if applicable: Tentative Parcel Map No. 25607 Location of Proposal: Southeast Corner of Ormsb¥ Road and Estero Street Environmental Impacts {Explanations of all answers are provided on attached sheets. ) Yes Maybe No 1. Earth. Will the proposal result in: ae Unstable earth conditions or in changes in geologic substructures? X Disruptions, displacements, compac- tion or overcovering of the soil? X Ce Substantial change in topography or ground surface relief features? X do The destruction, covering or modi- fication of any unique geologic or physical features? X Any substantial increase in wind or water erosion of soils, either on or off site? X STAFF R PT\PM25607 1 Yes Maybe No e fe Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? Exposure of people or property to geologic hazards such as earth quakes, landslides, mudslides, ground failure, or similar hazards? Air. Will the proposal result in: ae Substantial air emissions or deterioration of ambient air quality? be The creation of objectionable odors? Alteration of air movement, moisture, or temperature, or any change in climate, whether locally or regionally? Water. Will the proposal result in: Substantial changes in currents, or the course or direction of water movements, in either marine or fresh waters? bo Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Ce Alterations to the course or flow of flood waters? de Change in the amount of surface water in any water body? ee Discharge into surface waters, or in any alteration of surface water quality, including, but not limited to, temperature, dissolved oxygen or turbidity? fo Alteration of the direction or rate of flow or ground waters? X X X X X X X X X X STAFF R PT\PM25607 2 Yes Maybe No Change in the quantity of 9round waters, either through direct. addi- tions or withdrawals, or through interception of an aquifer by cuts or excavations? he Substantial reduction in the amount of water otherwise available for public water supplies? Exposure of people or property to water related hazards such as flood- ing or tidal waves? Plant Life. Will the proposal result in: Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants) ? be Reduction of the numbers of any unique, rare, or endangered species of plants? Ce Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? do Substantial reduction in acreage of any agricultural crop? Animal Life. Will the proposal result in: ae Change in the diversity of species, or numbers of any species of animals (birds, land animals including rep- tiles, fish and shellfish, benthic organisms or insects)? be Reduction of the numbers of any unique, rare or endangered species of animals? Deterioration to existing fish or wildlife habitat? X X X X X X X X X X STAFFRPT\PM25607 3 Yes Maybe No e 10. 11. 12. 13. Noise. Will the proposal result in: a. Increases in existing noise levels? be Exposure of people to severe noise levels? Light and Glare. Will the proposal produce substantial new light or glare? Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? Natural Resources. Will the proposal result in: ae Substantial increase in the rate of use of any natural resources? Substantial depletion of any non- renewable natural resource? Risk of Upset. Will the proposal involve: ae A risk of an explosion or the release of hazardous substances {including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? 'b. Possible interference with an emerg- ency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? Housing. Will the proposal affect existing housing or create a demand for additional housing? Transportation/Circulation. Will the proposal result in: Generation of substantial additional vehicular movement? X X X X X X X X X X X STAFFRPT\PM25607 ~4 Yes Maybe No 15. 16. Effects on existing parking facili- ties, or demand for new parking? Ce Substantial impact upon existing transportation systems? Alterations to present patterns of circulation or movement of people and/or goods? ee Alterations to waterborne, rail or air traffic? fe Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? de Parks or other recreational facilities? Maintenance of public facilities, including roads? f. Other governmental services: Energy. Will the proposal result in: ae Use of substantial amounts of fuel or energy? be Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? X X X X X X X X X X X X X STAFFRPT\PM25607 5 Ye.s. Maybe No 17. 18, 19. 20. b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? Human Health. Will the proposal result in: Creation of any health hazard or potential health hazard {excluding mental health) ? be Exposure of people to potential health hazards? Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? Cultural Resources. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? . Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? Ce Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Will the proposal restrict existing religious or sacred uses within the potential impact area? X X X X X X X X X X STAFFRPT\PM25607 6 Yes Maybe N_~o 21. Mandatory Findings of Significance. ae Does the project have the potential to degrade the .quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustainin9 levels, threaten to eliminate a plant or animal or eliminate important examples of the major periods of California history or prehistory? be Does the project have the potential to achieve short-term, to the disadvantage of long-term, environ- mental goals? {A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future. ) Does the project have impacts which are individually limited, but cumu- latively considerable? (A projectis impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant. ) de Does the project. have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly? X X X X STAFFRPT\PM25607 7 III Discussion of the Environmental Evaluation 1.a,c,d e,f,g. 1 .b, 2.a,b,c. 3.a-i. Ll..a,b,c, d. 6.a,b. e 9.a,b. 10.a,b. 11. 12. 13.a,b,c, d,e,f. No. The site has previously been graded under an approved County grading permit. Yes. Houses will be erected on the existing graded pads. The building constructibn cannot take place without proper permits. Any mitigation necessary will be part of the building permit process. No. The grading has been completed on the project no major air emissions are anticipated. No. The project has already been graded and no drainage course exist on site. No. The project has been previously graded no further impacts will occur. No. The project site has been graded under previous permits. Yes. The area is shown as Stepben's Kangaroo Rat habitat. The project will mitigate impact by payment of the appropriate fees. No. Only temporary construction noise impacts are anticipated. Construction activity will only occur for a limited time and be during the hours of 6a.m. -7 p.m. Maybe. Street lights and residential lights will be required, but they will' have to conform to required standards. No. The proposed project conforms to the planned land use of the area. No. Only one residential unit is proposed no substantial impacts should occur to Natural Resources. No. Only a single family residence is proposed. No. The project conforms to the zoning for the site and area development. No. Only one additional housing unit will be constructed. No. Proper transportation facilities are provided for to the site. STAFFR PT\PM25607 8 l~.a,b,c, d,e. 1~4.f. 15.a,b. 16.a,b,c, e,fo 16.d. 17.a,b. 18. 19. 20.a,b. 20.c,d. 21 .a,b,d. 21 .c. Yes. The project adds to the cumulative impacts on City facilities and resources. Mitigation will be achieved by payment of appropriate fees. Maybe. See 14 a-e. No. Only one single family residence is being proposed. No. No major utility extensions will be required. Yes. Septic tanks are proposed for project. Septic disposal must be approved by the Riverside County Health Department. Soil percolation test must be completed and shown as adequate prior to recordation. No. No health hazards were apparent or proposed on site. No. The project conforms to the area development. No. The project is not located in a proposed recreational, open space area. Maybe. The project is within possible prehistoric areas if excavatio~ occurs a qualified Paleontologist or Archaeologist must be on site. No. No cultural or religious potential was evident on site. No. The project will not have a significant impact on the area. Maybe. The project will add to accumulative impacts caused by development. Proper mitigation measures are incorporated in the Conditions of Approval. STAFFRPT\PM25607 9 ENVIRONMENTAL DETERMINATION 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 signi- ficant effect on the environment, there will not be a signi- ficant effect on this case because the mitigation measures described on attached sheets and in the Conditions of Approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. X November 19, 1990 Date For CITY OF TEMECULA $TAFFRPT\PM25607 10 PLANNING COMMISSION MINUTES JANUARY 7, 199 plan sign and that the approval shall be used withi one year of the approval date; however, the sign is a Commissioner Ford recommended that th~ plans be submitted, approved and )leted in tighter time frame, with preliminary within 30 ,s and finalization in 60 days. JOHN advised that the ordinanc~ provided for provisions for variances. CHAIRMAN ;NIAEFF opened the public ing at 7:00 P.M. MIKE WILSON, representing called upon to permit had been discovered the Railroad Street, , MSI, applicant, state that when they were ~stall the sign were unsure if the sued and aft, placing the sign, had not in place. CHAIRMAN CHINIAEFF that staff go back to applicant had been appr also stated that the 1 intersection should he felt it was imperative plan and see what the ~d for in the way of signage and .cape improvements for that .leted. GARY THORNHILL st~ that did not expect that the specific plan de with tem signage; however, the permanent Ie and Lping should have be delineated in plan, and findings could be brought ba, the Commission. COMMISSI¢ FAHEY moved to continue ,f January 28, 1991 and leave open,/__ allow staff to investigate sec/ded by COMMISSIONER BLAIR. AYES: 5 COMMISSIONERS: Blair, Fahe~ ~ Hoagland, NOES: 0 COMMISSIONERS: None No. 3 to the public hearing plan, Ford, ~eff 5. PARCEL MAP 25607 5.1 Proposal for a 2 lot residential subdivision. Applicant Robert Paine, property located at the southeast corner of Ormsby Road and Estero Street. STEVE JIANNINO provided the staff report. CHAIRMAN CHINIAEFF opened the public hearing at 7:10 P.M. PCMIN1/07/91 -5- 1/14/91 PLANNING COMMISSION MINUTES J~d~UARY 7, 1991 MIKE BENESH, 28991 Front Street, Temecula, Benash Engineering, representing the applicant, clarified that there was an 18 foot grade difference between the proposed lot and the lot owned by the Power's who had submitted a letter of complaint regarding the sub-division of this lot. The Commission as a whole expressed a concern for the continued sub-division of the lots in this area and of what appeared to be an avoidance of the State Sub-Division Map Act, as well as the impacts on traffic circulation, etc. COMMISSIONER FAHEY moved to deny Tentative Parcel Map No. 25607 based on the impact that additional houses in this particular area, in a cumlative fashion, will have on the area as a whole. Assistant City Attorney JOHN CAVANAUGH recommended that in the event that the Commission wished to deny this particular parcel map, it was recommended that the matter be continued so that they could elaborate on the findings to support the denial. COMMISSIONER FAHEY'S motion failed due to lack of a second. COMMISSIONER FORD moved to close the public hearing at 7:15 P.M. and continue Tentative Parcel Map No. 25607 to the meeting of January 28, 1991, to bring forth findings to support the denial based upon what the Commission feels is a continuous abandonment of the State Map Act, seconded by COMMISSIONER FAHEY. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None 6.-~-~I~RCELM~P 25686 CHAIRMAN CHINIA~."~'! ~tepped down due to a conflict of in~~t and turned the gavel ov o COMMISSI~~~~~~/_ 6.1 Proposal to conv_~gr~-aIT'~Xl~~Wareh uosebuilding to a 2 unit c~g&=~-fnium for owner hs i.p _~s. Applicant ~Mssan~ag~e~rtivSee.rvices, pro]act loca~ PCMIN1/07/91 -6- 1/14/91 DRAFT PLANNING COMMISSION MINUTES JANUARY 28, 199 flooding of the Vail School grounds which lies just beyond the Lake Village Lake · ~ advised thc l~nd worc ng a~ ~pen_sp~ tr~spass~n~tlc that hout this developmen~'Pauba would not be improved The Pauba Road, Wildlife/and the ~ity of COMMISSIONER HOAGLAND at 8:50 P.M. and continu~ Tentative Tract Map No concerns expressed b ~xpressed a speed control on ~ts from the of Fish and ect. close the public hearing ~ange of Zone 5631 and Vesting ~address the sslon and the residents, seconded by BLAIR. -- COMMISSIONER asked that.staff .dress the f611owing issues as welL. ~te diiteA~4ce~~appI'~chi ~g Pauba Road, effects of ~hting ~-the Sports Park,~andscaping, existing e~ement% and the quality of water,that will flow into the/~torm drsin. ~ ~eo~ ~ .~.~U -7 ....... ' COMMISSIONER HOAGLAND amended his ,ot~_n~_~_~ude this di/tion to staff with the second's concurrence AYES: 3 COMMISSIONERS: Blair, Ford, NOES: 1 COMMISSIONERS: Fahey ABSTAIN:i COMMISSIONERS: Chiniaeff 3. PARCEL HAP 25607 3.1 Proposal for a two lot residential subdivision. Located at the southeast corner of Ormsby Road and Estero Street. STEVE JIANNINO provided the staff report. CHAIRMAN CHINIAEFF expressed a concern for the impact the increased density would have on traffic. COMMISSIONER HOAGLAND stated that he felt that this was a blatant attempt to avoid the sub-division map act. PCMIN1/28/91 -9- 1/30/91 DRAFT PLANNING COMMISSION MINUTES JANUARY 28, 1991 COMMISSIONER FAHEY questioned if the Assistant City Attorney had reviewed the findings for denial of this Parcel Map. JOHN CAVANAUGH advised that the Commission had the ability to make a decision on an environmental basis. He added that traffic circulation concerns was an environmental concern. CHAIRMAN CHINIAEFF opened the public hearing at 9:00 P.M. MIKE BENESH, Benesh Engineering, 28991 Front Street, Temecula, representing the applicant, stated that the applicant cannot understand why he cannot do what another applicant was allowed to do in a previous request to the Commission for a subdivision. He added that the grading of the lots had been approved and permired by the County. Mr. Benesh also indicated the applicant's willingness to do the improvements to Ormsby Road. COMMISSIONER FAHEY moved to close the public hearing at 9:10 P.M. and adopt Resolution No. 91-(next) denying Parcel Map No. 25607 based on the analysis and findings contained in the staff report, seconded by COMMISSIONER HOAGLAND. AYES: 3 COMMISSIONERS: Blair, Fahey, Hoagland NOES: 2 COMMISSIONERS: Ford, Chiniaeff URNMENT COMM~HOAGLAND moved to adjourn the meeting at 9:15_P.M~  Chai ' ' ' ff r De n~ae PCMZ l/28/ l -Z0- z/ 0/9 ITEM NO. 16 FINANCE OFFICER¥~ ~ CITY MANAGER~'~_-~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department April 9, 1991 Change of Zone No. 5621; and Specific Plan No. 219, Amendment No. 1 PREPARED BY: Oliver RECOMMENDATION: 1. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCAT ION: EXISTING ZONING: Mujica ADOPT Negative Declaration for Chan9e of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1; ADOPT Resolution No. 91- approving Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1; and ADOPT Ordinance No. 91- entitled "An Ordinance of The City Council of The City of Temecula. California. Amending Zoning Ordinance No. 90-04 Pertaining to Ordinance No. 348.2919 (Specific Plan No. 219) As It Relates to Zoning." Bedford Properties Turrini & Brink Amend the boundaries and land use designations of Planning Areas 1, 2, 5, and 6 of Specific Plan No. 219. Northeast corner of Margarita Road and Highway 79; and bound by De Portola Road to the north. Specific Plan No. 219 (Meadows) STAFFRPT\SP219 1 PROPOSED ZONING: EXISTING LAND USE: PROJECT STATISTICS: BACKGROUND: PROJECT DESCRIPTION: Amendment No. 1 Vacant Total Land Area: Planning Area 1: Planning Area 2: Planning Area 5: Planning Area 6: 128.7 acres 36.4 acres 19.0 acres 35.5 acres 37.8 acres On September 6. 1988. the Riverside County Board of Supervisors adopted Resolution No. 88-470 approving Specific Plan No. 219 (Meadows). In addition, the Board of Supervisors certified Environmental Impact Report No. 235, for Specific Plan No. 219, as an accurate and objective statement that complies with the California Environmental Quality Act I CEQA). Furthermore, a statement of overriding findings was made for the Air Quality Impacts. As noted above, Specific Plan No. 219, Amendment No. 1 proposes to amend the boundaries and land use designations of Planning Areas 1, 2, 5, and 6, as follows: Planning Area 1: From - To - Planning Area 2: From - To - Planning Area 5: From - To - Planning Area 6: From - To - Medium Density Residential Community/Neighborhood Commercial Community/Neighborhood Commercial Very High Density Residential Very High Density Residential Medium High Density Residential High Density Residential Very High Density Residential STAFFRPT\SP219 2 ANALYSIS: Land Use Modifications Specific Plan No. 219, Amendment No. 1 proposes to modify the Land Use Plan (see Figure 3 - Approved and Amended - pages 17 and 18) by reducing the total number of dwelling units from 5,611 to 5,604 and reducing the total residential acreage from 1,036 to 1,031.3. The following tables outline the Land Use Modifications: Specific Plan No. 219 Land Use Acres Dwellinq Units Medium 574.0 2499 Med, High 402.0 2210 High 26.0 32~ Very Hiqh 34.0 578 Total 1,036.0 5, 611 Specific Plan No. 219, Amendment No. I Land Use Acres Dwellinq Units Medium 536.0 2338 Med. High 437.5 2356 High ELIMINATED Very Hiqh 57.8 910 Total 1,031.3 5,604 Circulation Plan Modifications Specific Plan No. 219, Amendment No. 1, proposes to amend the designation of Street "G" from a secondary road (88' right-of-way) to a major roadway (100' right-of-way) and Street "H" from a collector road ( 66' right-of-way) to a major roadway ( 100' right-of-way). (See Figure 4 - Approved and Amended - pages 21 and 22). Development Standards Pursuant to the request of the Planning Department Staff. the applicant has prepared detailed Development Standards for Specific Plan No 219, Amendment No. 1, as opposed to referencing Zoning Ordinance No, 348, These standards have been tailored to specifically address development within the Meadows by taking into consideration the lot sizes and adjacent land uses. within and surrounding the Specific Plan Area. STAFFRPT\SP219 3 SPECIFIC PLAN, GENERAL PLAN AND SWAP CONSISTENCY: ENVIRONMENTAL DETERMINATION: FINDINGS: It should be noted that, with the exception of Vesting Tentative Maps Nos. 24183, 25417 and 25418, there are approved Tentative Maps for the entire Specific Plan Area. The proposed project is consistent with the SWAP Land Use Designation of Specific Plan; and is consistent with the overall concept of Specific Plan No. 219, in that the total number of dwelling units has only decreased by 7 units and the Land Use acreage has only been modified to reduce the residential area by 4.7 acres and to increase the commercial area by 6.4 acres. In addition, Staff finds it probable that this project will be consistent with the new General Plan when it is adopted. An Initial Study was performed for this project which determined that although the proposed project could have a significant effect on the environment, no significant impact would result to the natural or built environment in the City because the mitigation measures described in EIR 235 and in the Conditions of Approval have been added to the project, and a Negative Declaration has been recommended for adoption. There is a reasonable probability that Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law, due to the fact that the subject request is consistent with the SWAP Designation of SP 219. e There is not a likely probability of substantial detriment to or interference with the future General Plan, if Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1 are ultimately inconsistent with the plan, due to the fact that an approval of such an amendment may be consistent with the goals and/or policies of the City's future General Plan. STAFFRPT\SP219 4 STAFF RECOMMENDATION: OM: ks Attachments: 2. 3. 4. The project is compatible with surroundin9 land uses· The harmony creates a compatible physical relationship with adjoining properties, due to the fact that the adjoinin9 developments were developed as an overall concept for Specific Plan No. 219 and the proposed project is consistent with Specific Plan No. 219. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area, due to the fact that the proposed density is consistent with the overall concept of Specific Plan No. 219. The Planning Department Staff recommends that the City Council: ADOPT Negative Declaration for Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1; ADOPT Resolution No. 91- approving Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1; and ADOPT Ordinance No. 91- , entitled "An Ordinance of The City Council of The City of Temecula, California, Amending Zoning Ordinance No. 90-01~ Pertaining to Ordinance No. 348.2919 ISpecific Plan No. 219) As It Relates to Zoning." Resolution No. 91- Conditions of Approval Ordinance No. 91- Planning Commission Staff Report (dated March 18, 1991 ) Planning Commission Minutes (Dated March 18, 1991 ) Large Scale Land Use Map Specific Plan Text STAFFRPT\SP219 5 RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING ZONE NO. 5621 AND SPECIFIC PLAN NO. 219, AMENDMENT NO. 1 AMENDING THE BOUNDARIES AND LAND USE DESIGNATIONS OF PLANNING AREAS 1, 2, 5, AND 6 OF SPECIFIC PLAN NO. 219 FOR THE SUBJECT PROPERTY LOCATED ON THE NORTHEAST CORNER OF MARGARITA ROAD AND HIGHWAY 79; AND BOUND BY DE PORTOLA ROAD TO THE NORTH AND KNOWN AS ASSESSOR'S PARCEL NO. 910-100-007. WHEREAS, Bedford Properties filed Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS. said Change of Zone and Specific Plan Amendment applications were processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Change of Zone and Specific Plan Amendment on March 18, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Change of Zone and Specific Plan Amendment; WHEREAS, the City Council conducted a public hearing pertaining to said Change of Zone and Specific Plan Amendment on April 9, 1991, at which time interested persons had opportunity to testify either in support or opposition to said Change of Zone and Specific Plan Amendment; and WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding the Change of Zone and Specific Plan Amendment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE. DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findinqs. That the Temecula City Council hereby makes the following findings:m STAFFRPT\SP219 6 A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan, (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The City Council in approving the proposed Change of Zone and Specific Plan Amendment, makes the following findings, to wit: a) There is a reasonable probability that Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law, due to the fact that the subject request is consistent with the SWAP Designation of SP 219. STAFFRPT\SP219 7 b) There is not a likely probability of substantial detriment to or interference with the future General Plan, if Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1 are ultimately inconsistent with the plan, due to the fact that an approval of such an amendment may be consistent with the goals and/or policies of the City's future General Plan. c) The project is compatible with surrounding land uses. The harmony creates a compatible physical relationship with adjoining properties, due to the fact that the adjoining developments were developed as an overall concept for Specific Plan No. 219 and the proposed project is consistent with Specific Plan No. 219. d) The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area, due to the fact that the proposed density is consistent with the overall concept of Specific Plan No. 219. D. The Change of Zone and Specific Plan Amendment are compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in EIR 235 and in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditions. That the City of Temecula City Council hereby approves Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. I amending the boundaries and land use designations of Planning Areas 1, 2, 5, and 6 of Specific Plan No. 219 for the subject property located on the northeast corner of Margarita Road and Highway 79; and bound by De Portola Road to the north and known as Assessor's Parcel No. 910-100-007, subject to the following conditions: Ae Exhibit A (Conditions of Approval), attached hereto; Exhibit B (Specific Plan Text); and Exhibit C (Specific Plan Development Standards. STAFFRPT\SP219 8 Resolution. SECTION 4. The City Clerk shall certify the adoption of this PASSED, APPROVED AND ADOPTED this 9th day of April, 1991. RONALD J. PARKS MAYOR I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 9th day of April, 1991 by the following vote of the Commission: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS JUNE S. GREEK CITY CLERK STAFFRPT\SP219 9 Notice of Public Hearing, THE CITY OF TEMECULA 43172 Business Park Drive Temecula, CA 92390 A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below. Case No: Applicant: Location: Proposal: Environmental Action: Change of Zone No. 5621; and Specific Plan No. 219, Amendment No.l Bedford Properties North side of Highway 79, between Margarita Road and Butterfield Stage Road; and bound by Pauba Road to the north. Amend the boundaries of Planning Areas 1, 2, 5 and 6 of The Meadows Specific Plan. Negative Declaration Any person may submit written comments to the City Council before the hearing(s) or may appear and be heard in support of or opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice, or in written correspondences delivered to the City Clerk at, or prior to, the public hearing(s). The proposed project application(s) may be viewed at the public information counter, Temecula Plannin$ Department, 43180 Business Park Drive, Monday through Friday from 9:00 AM until 4:00 PM. Questions concerning the project(s) may be addressed to Oliver Mujica, City of Temecula planning Deparunent, (714)6946400. PLACE OF HEARING DATE OF I-I!~ARING TIME OF HEARING Temporary Temecula Community Center 27475 Commerce Center Drive Temecula Tuesday. April 9, 1991 7:00 PM CITY OF TEMECULA CONDITIONS OF APPROVAL SPECIFIC PLAN NO. 219. AMENDMENT NO. I Planninq Department 1. Specific Plan No. 219, Amendment No. I shall consist of the following: a. Exhibit "A": Specific Plan Text b. Exhibit "B": Specific Plan Conditions of Approval c. Exhibit "C": Specific Plan Development Standards If any of the following conditions of approval differ from the specific plan text or exhibits, the conditions enumerated herein shall take precedence. e The development of the property shall be in accordance with the mandatory requirements of all City of Temecula ordinances including Ordinance Nos. 348 and 460 and state laws; and shall conform substantially with adopted Specific Plan No. 219, Amendment No. 1 as filed in the office of the Planning Department, unless otherwise amended. No portion of the specific plan which purports or proposes to change, waive or modify any ordinance or other legal requirement for the development shall be considered to be part of the adopted specific plan. o The project shall comply with the conditions set forth in the following agency letters and/or the requirements set forth by these agencies at the development stage: de g. h. i. Road Department Flood Control Fire Department Parks County Administrative Offices Water Agency Sewer Agency Temecula School District Department of Health June 2, 1988 May 26, 1988 January 8, 1988 and February 25, 1991 May 25, 1988 April 5, 1988 May 23, 1988 May 24, 1988 January 26, 1988 July 20, 1990 Impacts to the Temecula Union School District shall be mitigated at the development application stage in accordance with the District policies in effect at the time of tract submittal. STAFFRPT\SP219 13 e 10. 11. Common areas identified in the specific plan shall be owned and maintained as fol lows: A permanent master maintenance organization shall be established for the specific plan area, to assume ownership and maintenance responsibility for all common recreation, open space, circulation systems and landscaped areas. The organization may be public or private. Merger with an area-wide or regional organization shall satisfy this condition provided that such organization is legally and financially capable of assuming the responsibilities for ownership and maintenance. If the organization is a private association then neighborhood associations shall be established for each residential development, where required, and such associations may assume ownership and maintenance responsibility for neighborhood common areas. Unless otherwise provided for in these conditions of approval, common areas shall be conveyed to the maintenance organization as implementing development is approved or any subdivision is recorded. Co The maintenance organization shall be established prior to or concurrent with the recordation of the first land division, or issuance of any building permits for any approved development permit (use permit, plot plan, etc.) Development applications which incorporate common areas shall be accompanied by design plans for the common area. Such plans shall specify the location and extent of landscaping, irrigation systems, structures, and circulation (vehicular, pedestrian and/or equestrian). The following special studies/reports shall accompany implementing development applications in the planning areas listed below: Study/Report Planninq Areas Archeological Report Mitigation for Stephens Kangaroo Rat {See Condition No. 16) As per the County Historian's requirements 1- and 25 A land division filed for the purposes of phasing or financing shall not be considered an implementing development application; provided that if the maintenance organization is a property owners association, the legal documentation necessary to establish the association shall be recorded concurrently with the recordation of the final map. Prior to the issuance of a building permit for the construction of any use contemplated by this approval, the applicant shall first obtain clearance from the Planning Department that all pertinent conditions of approval have been satisfied with the specific plan for the phase of development in questions. STAFFRPT\SP219 14 12. 13. 14. 15. An environmental assessment shall be conducted for each tract, change of zone, plot plan, specific plan amendment, or any other discretionary permit required to implement the specific plan. At a minimum, the environmental assessment shall utilize the evaluation of impacts addressed in the EIR prepared for Specific Plan No. 219. Prior to the recordation of a final map, the land divider shall submit to the Planning Department an agreement with the appropriate parks and recreation district which demonstrates to the satisfaction of the City that the land divider has provided for the payment of fees and/or offer of dedication of lands in accordance with Section 10.35 (Parks and Recreation Fees and Dedications) of Land Division Ordinance No. 460. Prior to the recordation of any final subdivision map or issuance of building permits in the case of use permits and plot plans, the applicant shall submit to the Planning Department the following documents which shall demonstrate to the satisfaction of the City that individual appropriate owners associations will be established and will operate in accordance with the intent and purpose of the specific plan. a. The document to convey title. b. Covenants, Conditions, and Restrictions to be recorded. Co Management and maintenance agreements to be entered into with the unit/lot owner of the project. The master property owners association, commercial property owners association, and the business park owners association shall be charged with the unqualified right to assess their own individual owners who own individual units for reasonable maintenance and management costs which shall be established and continually maintained. The individual owners association shall have the right to lien the property of any owner who defaults in payment of their assessment fees. Such lien shall not be subordinate to any encumbrance other than a deed of trust, provided such deed of trust is made in good faith and for good value, and is of record prior to the lien of the individual owners association. The applicant or its successor shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Specific Plan No. 219, Amendment No. 1, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the applicant or its successor of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the applicant or its successor of any such claim, action, or proceeding or fails to cooperate fully in the defense, the applicant or its successor shall not, STAFF R PT\SP219 15 16. 17. 18. thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. Trapping studies have indicated the presence of existing habitat (occupied by Stephens Kangaroo Rat) for Planning Areas 10 and 25. Prior to issuance of grading permits for this planning area, the applicant shall provide mitigation for removal of the SKR habitat as follows: Memorandum of Understanding between the developer and the California Department of Fish and Game, o__~r Compliance with an adopted County Program for the mitigation of removal of Stephens Kangaroo Ran habitat. Within forty-eight (48) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ($1,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars ($1,250.00) fee in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(2) plus the Twenty- Five Dollar ($25.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.41c). Prior to the issuance of grading permits and/or building permit, the developer or his successor's interest shall submit a mitigation monitoring program to the Planning Department for approval, which shall describe how compliance with required mitigation measures will be met and the appropriate monitoring timing of the mitigation. STAFFRPT\SP219 16 Medium Density Residential Planning Areas 4, 8, 9, 10, 17, 18, 25, 26, 28 & 33 Medium Density Residential Zone The following regulations shall apply in all Medium Density Residential Zones: SECTION 6.1. USES PERMITTED. The following uses shall be permitted in the Medium Density Residential Zone: (1) One family dwellings. (2) Two-family dwellings. (3) Public parks and public playgrounds, golf courses with standard length fairways and country clubs. (4) Home occupations. (5) Planned residential developments, provided a land division is approved pursuant to the provisions of Riverside County Ordinance No. 460 (1991) and the development standards in Section 18.5 or 18.6 of Riverside County Ordinance No. 348 (1991). Do The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30 of Riverside County Ordinance No. 348 (1991): (1) Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area. (2) Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of 2 years in any event. (3) Nurseries, horticultural. SECTION6.2. DEVELOPMENT STANDARDS. The following standards of development shall apply in the Medium Density Residential Zone, except that planned residential developments shall comply with the development standards contained in Section 18.5 of Riverside County Ordinance No. 348 (1991). a. Building height shall not exceed 3 stories, with a maximum height of 40 feet. Do Lot area shall be not less than 5,000 sq. ft. However, the lot area for two-family dwellings shall be not less than 4,500 sq. ft. per dwelling unit. The minimum lot area -1- do shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site. The minimum average width of that portion of the lot to be used as a building site shall be 45 feet with a minimum average depth of 85 feet. However, for two-family dwelling lots, the minimum average width shall be 40 feet with the same minimum average depth of 85 feet. That portion of a lot used for access on "flag" lots shall have a minimum width of 20 feet. The minimum frontage of a lot shall be 45 feet, except that lots fronting on knuckles or cul-de-sacs may have a minimum frontage of 35 feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards. Minimum yard requirements are as follows: (1) The front yard shall be not less than 10 feet, measured from the existing public fight-of-way street line or from any future public fight-of-way street line as shown on any Specific Plan of Highways, whichever is nearer the proposed structure. (2) Side yards on interior and through lots shall be not less than 5 feet. Side yards on comer and reversed comer lots shall be not less than 10 feet from the existing public fight-of-way street line or from any future street line as shown on any Specific Plan of Highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than 50 feet wide, the yard need not exceed 20% of the width of the lot. (3) The rear yard shall be not less than 15 feet. In addition, the following standard shall also apply: (a) No lot shall have more than 55% of its net area covered with buildings or stnlCtUl~S. (4) No structural encroachments shall be permitted in the front, side or rear yard without approval of a setback adjustment pursuant to City Ordinance. Automobile storage space shall be provided as required by Section 18.12 of Riverside County Ordinance No. 348 (1991). -2- Medium Density Residential Planning Area 31 Medium Density Residential Zone The following regulations shall apply in all Medium Density Residential Zones: SECTION 6.1. USES PERMITTED. ao The following uses shall be permitted in the Medium Density Residential Zone: (1) One family dwellings. (2) Public parks and public playgrounds, golf courses with standard length fairways and country clubs. (3) Home occupations. (4) Planned residential developments, provided a land division is approved pursuant to the provisions of Riverside County Ordinance No. 460 (1991) and the development standards in Section 18.5 or 18.6 of Riverside County Ordinance No. 348 (1991). Do The following uses axe permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30 of Riverside County Ordinance No. 348 (1991): (1) Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area. (2) Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of 2 years in any event. (3) Nurseries, horticultural. SECTION6.2. DEVELOPMENT STANDARDS. The following standards of development shall apply in the Medium Density Residential Zone, except that planned residential developments shall comply with the development standards contained in Section 18.5 of Riverside County Ordinance No. 348 (1991). a. Building height shall not exceed 3 stories, with a maximum height of 40 feet. Do Lot area shall be not less than 7,200 sq. ft. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site. -3- The minimum average width of that portion of a lot to be used as a building site shall be 60 feet with a minimum average depth of 100 feet. That portion of a lot used for access on "flag" lots shall have a minimum width of 20 feet. do The minimum frontage of a lot shall be 60 feet, except that lots fronting on knuckles or cul-de-sacs may have a minimum frontage of 35 feet. Lot frontage along curvilinear s~ets may be measured at the building setback in accordance with zone development standards. co Minimum yard requirements are as follows: (1) The front yard shall be not less than 20 feet, measured from the existing public right-of-way street line or from any future public right-of-way street line as shown on any Specific Plan of Highways, whichever is nearer the proposed structure. (2) Side yards on interior and through lots shall be not less than 10% of the width of the lot, but not less than 3 feet in width in any event, and need not exceed a width of 5 feet. Side yards on comer and reversed comer lots shall be not less than 10 feet from the existing street line or from any future street Line as shown on any Specific Plan of Highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than 50 feet wide, the yard need not exceed 20% of the width of the lot. (3) The rear yard shall be not less than 10 feet. (4) No structural encroachments shall be permitted in the front, side or rear yard without approval of a setback adjustment pursuant to City Ordinance. Automobile storage space shall be provided as required by Section 18.12 of Riverside County Ordinance No. 348 (1991). Medium Hi_ h Density Residential Planning Areas 3, 5, 13, 14, 15, 16, 20, 21, 22 & 23 Medium High Density Residential Zone The following regulations shall apply in all Medium High Density Residential Zones: SECTION 6.1. USES PERMITTED. The following uses shall be permitted in the Medium High Density Residential Zone: (1) One family dwellings. (2) Two-family dwellings. (3) Public parks and public playgrounds, golf courses with standard length fairways and country clubs. (4) Home occupations. (5) Planned residential developments, provided a land division is approved pursuant to the provisions of Riverside County Ordinance No. 460 (1991) and the development standards in Section 18.5 or 18.6 of Riverside County Ordinance No. 348 (1991). The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30 of Riverside County Ontinance No. 348 (1991): (1) Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area. (2) Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of 2 years in any event. (3) Nurseries, horticultural. SECTION6.2. DEVELOPMENT STANDARDS. The following standards of development shall apply in the Medium High Density Residential Zone, except that planned residential developments shall comply with the development standards contained in Section 18.5 of Riverside County Ordinance No. 348 (1991). a. Building height shall not exceed 3 stories, with a maximum height of 40 feet. Lot area shall be not less than 4,000 sq. ft. However, the lot area for two-family dwellings shall be not less than 3,500 sq. ft. per dwelling unit. The minimum lot area -5- shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site. The minimum average width of that portion of the lot to be used as a building site shall be 40 feet with a minimum average depth of 80 feet. However, for two-family dwelling lots, the minimum average width shall be 40 feet with the same minimum average depth of 75 feet. That portion of a lot used for access on "flag" lots shall have a minimum width of 20 feet. The minimum frontage of a lot shall be 40 feet, except that lots fronting on knuckles or cul-de-sacs may have a minimum frontage of 35 feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards. Minimum yard requirements are as follows: (1) The front yard shall be not less than 10 feet, measured from the existing public right-of-way street line or from any future public right-of-way street line as shown on any Specific Plan of Highways, whichever is nearer the proposed structure. (2) Side yards on interior and through lots shall be not less than 5 feet. Side yards on comer and reversed comer lots shall be not less than 10 feet from the existing street line or from any future street line as shown on any Specific Plan of Highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than 50 feet wide, the yard need not exceed 20% of the width of the lot. (3) The rear yard shall be not less than 15 feet. In addition, the following standard shall also apply: (a) No lot shall have more than 55% of its net area covered with buildings or structures. (4) No structural encroachments shall be permitted in the front, side or rear yard without approval of a setback adjustment pursuant to City Ordinance. Automobile storage space shall be provided as required by Section 18.12 of Riverside County Ordinance No. 348 (1991). Very Hioh Density Residential Planning Areas 2 and 6 Very High Densfly Residential Zone The following regulations shall apply in all Very High Density Residential Zones: SECTION 8.1. USES PERMITTED. The following uses shall be permitted provided approval of a plot plan shall first have been obtained pursuant to the provisions of Section 18.30 of Riverside County Ordinance No. 348 (1991): (1) (2) (3) (4) (5) Any use permitted in the Medium High Density Residential Zone. Apartment houses. Nursery schools for preschool day care. Institutions for the aged licensed by the California State Department of Social Weftare or the County Department of Public Weftare. Congregate care residential facilities. bo Accessory buildings, to a specific permitted use, provided that the accessory building is established as an incident to a principal use and does not change the character of that use. On-site signs, affixed to building walls, stating the name of the structure, use or institution, not to exceed five percent (5%) of the surface area of the exterior face of the wall upon which the sign is located. The following uses shall be permitted provided a conditional use permit is obtained pursuant to this ordinance: (1) Evening nursery school, child care and babysitting facilities, where 13 or more unrelated children are kept under supervision by a person licensed by the State Deparmaent of Social Welfare or Riverside County Department of Public Welfare during any hours between 5 p.m. and 8 a.m. (2) Congregate care residential facilities, developed pursuant to City Ordinance, County and State Codes and Ordinances. Planned residential developments, provided a land division is approved pursuant to the provisions of Riverside County Ordinance. No. 460 (1991) and the development standards in Section 18.5 or 18.6 of Riverside County Ordinance No. 348 (1991). -7- SECTION8.2. DEVELOPMENT STANDARDS. The following standards of development shall apply in the Very High Density Residential Zone, except that planned residential developments shall comply with the development standards contained in Section 18.5 of Riverside County Ordinance No. 348 (1991). The mirfimum lot area shall be 7,200 square feet with a minimum average width of 60 feet and a minimum average depth of 100 feet, unless different minimums are specifically required in a particular area. The minimum front and rear yards shall be 10 feet for buildings that do not exceed 35 feet in height. Any portion of a building which exceeds 35 feet in height shall be set back from the front and rear lot lines no less than 10 feet plus 2 feet for each foot by which the height exceeds 35 feet. The front setback shall be measured from any existing or future public right-of-way street line as shown on any specific street plan of the City. The rear setback shall be measured from the existing rear lot line or from any recorded alley or easement; if the rear line adjoins a street, the rear setback requirement shall be the same as required for a front setback. The minimum side yard shall be 5 feet for buildings that do not exceed 35 feet in height. Any portion of a building which exceeds 35 feet in height shall be set back from each side lot line 5 feet plus 2 feet for each foot by which the height exceeds 35 feet; if the side yard adjoins a street, the side setback requirement shall be the same as required for a front setback. No su'uctural encroachments shall be permitted in the front, side or rear yard without approval of a setback adjustment pursuant to City Ordinance. do High density multi-family dwelling units shall be setback a minimum of 18 feet from any existing or future public right-of-way street line as shown on any specific street plan of the City. Said setback shall be applicable for front, rear and side yards should they adjoin a street. No lot shall have more than 50 percent of its net area covered with buildings or structures. f. The maximum density shall be twenty (20) units per acre. All buildings and structures shall not exceed 50 feet in height. Automobile storage space shall be provided as required by Section 18.12 of Riverside County Ordinance No. 348 (1991). -8- Commercial/Neiohborhood Commercial Planning Areas 1 and 27 Commercial/Neighborhood Commercial Zone The following regulations shall apply in all Commercial/Neighborhood Commercial Zones: SECTION 9.1. USES PERMITTED. The following uses are permitted, only in enclosed buildings with not more than 200 square feet of outside storage or display of materials appurtenant to such use, provided a plot plan shall have been approved pursuant to provisions of Section 18.30 of Riverside County Ordinance No. 348 (1991). (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) (27) Ambulance services. Antique Shops. Appliance stores, household. Art supply shops and studios. Auction houses. Auditoriums and conference rooms. Automobile repair garages, not including body and fender shops or spray painting. Automobile parts and supply stores. Bakery goods distributors. Bakery shops, including baking only when incidental to retail sales on the premises. Banks and financial institutions. Barber and beauty shops. Bars and cocktail lounges. Billiard and pool halls. Blueprint and duplicating services. Book stores and binders. Bowling alleys. Catering services. Cleaning and dyeing shops. Clothing stores. Confectionery or candy stores. Costume design studios. Dance halls. Delicatessens. Department stores. Drug stores. Dry goods stores. -9- (28) (29) (30) (31) (32) (33) (34) (35) (36) (37) (38) (39) (4O) (41) (42) (43) (44) (45) (46) (47) (48) (49) (50) (51) (52) (53) (54) (55) (56) (57) (58) (59) (6O) (61) (62) (63) (64) (65) (66) (67) Employment agencies. Escort bureaus. Feed and grain sales. Florists shops. Food markets and frozen food lockers Gasoline service stations, not including the concurrent sale of beer and wine for off-premises consumption. Gift shops. Hotels, resort hotels and motels. Household goods sales, including but not limited to, new and used appliances, furniture, carpets, draperies, lamps, radios and television sets, including repair thereof. Hobby shops. Ice cream shops. Ice sales, not including ice plants. Interior decorating shops. Jewelry stores, including incidental repairs. Labor temples. Laboratories, film, dental, medical, research or testing. Laundries and laundromats. Leather goods stores. Liquor stores. Locksmith shops. Mail order businesses. Manufacturer's agent. Market, food, wholesale or jobber. Massage parlors, turkish baths, health centers and similar personal service establishments. Meat markets, not including slaughtering. Mimeographhag and addressograph services. Mortuaries. Music stores. News stores. Notions or novelty stores. Offices, including business, law, medical, dental chiropracfic, architectural, engineering, community planning and real estate. One on-site operator's residence, which may be located in a commercial building. Paint and wallpaper stores, not including paint contractors. Pawn shops. Pet shops and pet supply shops. Photography shops and studios and photo engraving. Plumbing shops, not including plumbing contractors. Poultry markets, not including slaughtering or live sales. Printers or publishers. Produce markets. -10- (68) (69) (70) (71) (72) (73) (74) (75) (76) (77) (78) (79) (80) (81) (82) (83) (84) (85) (86) (87) (88) (89) (90) (91) (92) (93) (94) (95) (96) Radio and television broadcasting studios. Recording studios. Refreshment stands. Restaurants and other eating establishments. Schools, business and professional, including art, barber, beauty, dance, drama, music and swimming. Shoe stores and repair shops. Shoeshine stands. Signs, on-site advertising. Sporting goods stores. Stained glass assembly. Stationer stores. Stations, bus, railroad and taxi. Taxidermist. Ta~lor shops. Telephone exchanges. Theaters, not including drive-ins. Tire sales and service, not including recapping. Tobacco shops. Tourist information centers. Toy shops. Travel agencies. Typewriter sales and rental, including incidental repairs. Watch repair shops. Wholesale businesses with samples on the premises but not including storage. Car washes. Fortune telling, spiritualism, or similar activity. Recycling collection facilities. Convenience stores, not including the sale of motor vehicle fuel. Day care centers. The following uses are permitted provided a conditional use permit has been granted pursuant to City Ordinance. (1) Convenience stores, including the sale of motor vehicle fuel. (2) Gasoline service stations with the concurrent sale of beer and wine for off- premises consumption. (3) Liquid petroleum service stations with the concurrent sale of beer and wine for off-premises consumption, provided the total capacity of all tanks shall not exceed 10,000 gallons. Any use that is not specifically listed in Subsections a. and b. may be considered a permitted or conditionally permitted use provided that the Planning Director f'mds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls. -11- SECTION 9.2. PLANNED COMMERCIAL DEVELOPMENTS. Planned Commercial Developments are permitted provided a land division is approved pursuant to the provision of Riverside County Ordinance No. 460 (1991). SECTION 9.3. (DELETED.) SECTION 9.4. DEVELOPMENT STANDARDS. The following standards of development are required in the Commercial/Neighborhood Commercial Zones: There is no minimum lot area requirement, unless specifically required by zone classification for a particular area. There are no yard requirements for buildings which do not exceed 35 feet in height except as required for specific plans. Any portion of a building which exceeds 35 feet in height shall be setback from the front, rear and side lot lines not less than 2 feet for each foot by which the height exceeds 35 feet. The front setback shall be measured from the existing public right-of-way street line unless a specific plan has been adopted in which case it will be measured from the specific plan street line. The rear setback shall be measured from the existing rear lot line or from any recorded alley or easement; if the rear line adjoins a street, the rear setback requirement shall be the same as required for a front setback. Each side setback shall be measured from the side lot line, or from an existing adjacent public right-of-way street line unless a specific plan has been adopted, in which case it will be measured from the specific plan street line. c. All buildings and structures shall not exceed 50 feet in height. Automobile storage space shall be provided as required by Section 18.12 of Riverside County Ordinance No. 348 (1991). eo All roof mounted mechanical equipment shall be screened from the ground elevation view to a minimum sight distance of 1,320 feet. -12- Day Care Center/information Center Planning Area 34 Day Care Center/Information Center Zone The following regulations shall apply in all Day Care Center/Information Center Zones: SECTION 8.1. USES PERMITTED. The following uses shall be permitted provided approval of a plot plan shall first have been obtained pursuant to the provisions of Section 18.30 of Riverside County Ordinance No. 348 (1991): (1) (2) (3) (4) (5) Nursery schools for preschool day care. Institutions for the aged licensed by the California State Department of Social Welfare or the County Department of Public Wedare. Architectural, engineering and community planning offices; provided there is no outdoor storage of materials, equipment or vehicles, other than passenger cars. Congregate care residential facilities. Information center. Accessory buildings, to a specific permitted use, provided that the accessory building is established as an incident to a principal use and does not change the character of that use. On-site signs, affixed to building walls, stating the name of the structure, use or institution, not to exceed five percent (5%) of the surface area of the exterior face of the wall upon which the sign is located. The following uses shall be permitted provided a conditional use permit is obtained pursuant to this ordinance: (1) Evening nursery school, child care and babysitting facilities, where 13 or more unrelated children are kept under supervision by a person licensed by the State Department of Social Welfare or Riverside County Department of Public Welfare during any hours between 5 p.m. and 8 a.m. (2) Congregate care residential facilities, developed pursuant to City Ordinance, County and State Codes and Ordinances. SECTION8.2. DEVELOPMENT STANDARDS. The following standards of development shall apply in the Day Care Center/Information Center Zone. There is no minimum lot area requirement, unless specifically required by zone classification for a particular area. -13- Do eo There are no yard requirements for buildings which do not exceed 35 feet in height except as required for specific plans. Any portion of a building which exceeds 35 feet in height shall be setback from the front, rear and side lot lines not less than 2 feet for each foot by which the height exceeds 35 feet. The front setback shall be measured from the existing public right-of-way street line unless a specific plan has been adopted in which case it will be measured from the specific plan street line. The rear setback shall be measured from the existing rear lot line or from any recorded alley or easement; if the rear line adjoins a street, the rear setback requirement shall be the same as required for a front setback. Each side setback shall be measured from the side lot line, or from an existing adjacent public right-of-way street line unless a specific plan has been adopted, in which case it will be measured from the specific plan street line. All buildings and structures shall not exceed 50 feet in height. Automobile storage space shall be provided as required by Section 18.12 of Riverside County Ordinance No. 348 (1991). All roof mounted mechanical equipment shall be screened from the ground elevation view to a minimum sight distance of 1,320 feet. -14- Elementary School Planning Area 7 School/Medium Density Residential Zone The following regulations shall apply in all School/Medium Density Residential Zones: SECTION 6.1. USES PERMITtED. The following uses shall be permitted in the School/Medium Density Residential Zone: (1) (2) (3) (4) One family dwellings. Public schools. Public parks and public playgrounds, golf courses with standard length fairways and country clubs. Home occupations. Do The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30 of Riverside County Ordinance No. 348 (1991): (1) Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area. (2) Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of 2 years in any event. (3) Nurseries, horticultural. SECTION6.2. DEVELOPMENT STANDARDS. The following standards of development shall apply in the School/Medium Density Residential Zone, except that planned residential developments shall comply with the development standards contained in Section 18.5 of Riverside County Ordinance No. 348 (1991). a. Building height shall not exceed 3 stories, with a maximum height of 40 feet. Lot area shall be not less than 7,200 sq. ft. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site. The minimum average width of that portion of a lot to be used as a building site shall be 60 feet with a minimum average depth of 100 feet. That portion of a lot used for access on "flag" lots shall have a minimum width of 20 feet. -15- de ee The minimum frontage of a lot shall be 60 feet, except that lots fronting on knuckles or cul-de-sacs may have a minimum frontage of 35 feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards. Minimum yard requirements are as follows: (1) The front yard shall be not less than 20 feet, measured from the existing public right-of-way street line or from any future public right-of-way street line as shown on any Specific Plan of Highways, whichever is nearer the proposed structure. (2) Side yards on interior and through lots shall be not less than 10% of the width of the lot, but not less than 3 feet in width in any event, and need not exceed a width of 5 feet. Side yards on comer and reversed comer lots shall be not less than 10 feet from the existing public right-of-way street line or from any future public right-of-way street line as shown on any Specific Plan of Highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than 50 feet wide, the yard need not exceed 20% of the width of the lot. (3) The rear yard shall be not less than 10 feet. (4) No structural encroachments shall be permitted in the front, side or rear yard without approval of a setback adjustment pursuant to City Ordinance. Automobile storage space shall be provided as required by Section 18.12 of Riverside County Ordinance No. 348 (1991). Elementary School Planning Area 11 School/Medium Density Residential Zone The following regulations shall apply in all School/Medium Density Residential Zones: SECTION 6.1. USES PERMITTED. The following uses shall be permitted in the School/Medium Density Residential Zone: (1) (2) (3) (4) (5) One family dwellings. Two-family dwellings. Public schools. Public parks and public playgrounds, golf courses with standard length fairways and countxy clubs. Home occupations. be The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30 of Riverside County Ordinance No. 348 (1991): (1) Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area. (2) Temporary real estate mtct offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of 2 years in any event. (3) Nurseries, horticultural. SECTION6.2. DEVELOPMENT STANDARDS. The following standards of development shall apply in the School/Medium Density Residential Zone, except that planned residential developments shall comply with the development standards contained in Section 18.5 of Riverside County Ordinance No. 348 (1991). a. Building height shall not exceed 3 stories, with a maximum height of 40 feet. Lot area shall be not less than 4,000 sq. ft. However, the lot area for two-family dwellings shall be not less than 3,500 sq, ft. per dwelling unit. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site. -17- eo The minimum average width of that portion of the lot to be used as a building site shall be 40 feet with a minimum average depth of 80 feet. However, for two-family dwelling lots, the minimum average width shall be 40 feet with the same minimum average depth of 75 feet. That portion of a lot used for access on "flag" lots shall have a minimum width of 20 feet. The minimum frontage of a lot shall be 40 feet, except that lots fronting on knuckles or cul-de-sacs may have a minimum frontage of 35 feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards. Minimum yard requirements are as follows: (1) The front yard shall be not less than 10 feet, measured from the existing public right-of-way street line or from any future public right-of-way street line as shown on any Specific Plan of Highways, whichever is nearer the proposed structure. (2) Side yards on interior and through lots shall be not less than 5 feet. Side yards on comer and reversed comer lots shall be not less than 10 feet from the existing public right-of-way street line or from any future public right-of-way street line as shown on any Specific Plan of Highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than 50 feet wide, the yard need not exceed 20% of the width of the lot. (3) The rear yard shall be not less than 15 feet. In addition, the following standard shall also apply: (a) No lot shall have more than 55% of its net area covered with buildings or structures. (4) No structural encroachments shall be permitted in the front, side or rear yard without approval of a setback adjustment pursuant to City Ordinance. Automobile storage space shall be provided as required by Section 18.12 of Riverside County Ordinance No. 348 (1991). -18- Elementarv School and Junior Hb, h School Planning Areas 29, 30 and 32 School/Medium Density Residential Zone The following regulations shall apply in all School/Medium Density Residential Zones: SECTION 6.1. USES PERMITTED. ao The following uses shall be permitted in the School/Medium Density Residential Zone: (1) (2) (3) (5) One family dwellings. Two-family dwellings. Public schools. Public parks and public playgrounds, golf courses with standard length fairways and country clubs. Home occupations. be The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30 of Riverside County Ordinance No. 348 (1991): (1) Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area. (2) Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of 2 years in any event. (3) Nurseries, horticultural. SECTION6.2. DEVELOPMENT STANDARDS. The following standards of development shall apply in the School/Medium Density Residential Zone, except that planned residential developments shall comply with the development standards contained in Section 18.5 of Riverside County Ordinance No. 348 (1991). a. Building height shall not exceed 3 stories, with a maximum height of 40 feet. Lot area shall be not less than 5,000 sq. ft. However, the lot area for two-family dwellings shall be not less than 4,500 sq. ft. per dwelling unit. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site. -19- Co The minimum average width of that portion of the lot to be used as a building site shall be 45 feet with a minimum average depth of 85 feet. However, for two-family dwelling lots, the minimum average width shall be 40 feet with the same minimum average depth of 80 feet. That portion of a lot used for access on "flag" lots shall have a minimum width of 20 feet. The minimum frontage of a lot shall be 45 feet, except that lots fronting on knuckles or cul-de-sacs may have a minimum frontage of 35 feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards. Minimum yard requirements are as follows: (1) The front yard shall be not less than 10 feet, measured from the existing public right of way street line or from any future public right-of-way street line as shown on any Specific Plan of Highways, whichever is nearer the proposed structure. (2) Side yards on interior and through lots shall be not less than 5 feet. Side yards on comer and reversed comer lots shall be not less than 10 feet from the existing public right-of-way street line or from any future public right-of-way street line as shown on any Specific Plan of Highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than 50 feet wide, the yard need not exceed 20% of the width of the lot. (3) The rear yard shall be not less than 15 feet. In addition, the following standard shall also apply: (a) No lot shall have more than 55% of its net area covered with buildings or S~'UCtures. (4) No structural encroachments shall be permitted in the front, side or rear yard without approval of a setback adjustment pursuant to City Ordinance. Automobile storage space shall be provided as required by Section 18.12 of Riverside County Ordinance No. 348 (1991). Nei ,hborhood Park Planning Area 24 Park Zone The following regulations shall apply in all Park Zones: SECTION 8.100. USES PERMITrED. The following uses shall be permitted provided approval of a plot plan shall first have been obtained pursuant to the provisions of Section 18.30 of Riverside County Ordinance No. 348 (1991): (1) Public parks. (2) Golf courses and appurtenant facilities, including clubhouses. A clubhouse is permitted to have customary retail shop and restaurant facilities. (3) Noncommercial community association recreation and assembly buildings and facilities. (4) Lakes, including noncommercial fishing therefrom. (5) Picnic grounds. (6) Parking lots, only for above-listed permitted uses, pursuant to the provisions of Section 18.12 of Riverside County Ordinance No. 348 (1991), except that not less than five percent of the interior of such parking lots shall have distributed landscaping in addition to the landscaping requirements of Section 18.12 of Riverside County Ordinance No. 348 (1991). (7) Water wells an appurtenant facilities. (8) On-site identification signs, maximum size - 10 square feet. The following uses are permitted provided a conditional use permit has been granted: (1) Riding academies and stables. SECTION 8.101. DEVELOPMENT STANDARDS. Lot Area. This zone is to be applied to those areas within subdivisions and other residential developments that provide open space and recreational area and facilities for the project. Therefore, no minimum lot size is established for the zone. Yards. Whenever a building is to be constructed on a lot in this zone, it shall have a front yard, side yard and rear yard, each of which shall be not less than 25 feet. If more than one building is constructed on one lot, there shall be not less than a 20-foot separation between the buildings. No structural encroachments shall be permitted in the -21- eo front, side or rear yard without approval of a setback adjustment pursuant to City Ordinance. Trash Areas. All trash collection areas shall be enclosed with a solid fence or wall no less than 6 feet high. Automobile storage space shall be provided as required by Section 18.12 of Riverside County Ordinance No. 348 (1991). All buildings or structures shall not exceed 40 feet in height. -22- Recreation Area Planning Areas 12 and 19 Recreation Area Zone The following regulations shall apply in all Recreation Area Zones: SECTION 8.100. USES PERMITTED. The following uses shall be permitted provided approval of a plot plan shall first have been obtained pursuant to the provisions of Section 18.30 of Riverside County Ordinance No. 348 (1991): (1) Golf courses and appurtenant facilities, including clubhouses. A clubhouse is permitted to have customary retail shop and restaurant facilities. (2) Noncommercial community association recreation and assembly buildings and facilities. (3) Lakes, including noncommercial fishing therefrom. (4) Picnic grounds. (5) Parking lots, only for above-listed permitted uses, pursuant to the provisions of Section 18.12 of Riverside County Ordinance No. 348 (1991), except that not less than five percent of the interior of such parking lots shall have distributed landscaping in addition to the landscaping requirements of Section 18.12 of Riverside County Ordinance No. 348 (1991). (6) Water wells an appurtenant facilities. (7) On-site identification signs, maximum size - 10 square feet. The following uses are permitted provided a conditional use permit has been granted: (1) Riding academies and stables. SECTION 8.101. DEVELOPMENT STANDARDS. Lot Area. This zone is to be applied to those areas within subdivisions and other residential developments that provide open space and recreational area and facilities for the project. Therefore, no minimum lot size is established for the zone. Do Yards. Whenever a building is to be constructed on a lot in this zone, it shall have a front yard, side yard and rear yard, each of which shall be not less than 25 feet. If more than one building is constructed on one lot, there shall be not less than a 20-foot separation between the buildings. No structural encroachments shall be permitted in the front, side or rear yard except without approval of a setback adjustment pursuant to City Ordinance. -23- Go Trash Areas. All trash collection areas shall be enclosed with a solid fence or wall no less than 6 feet high. Automobile storage space shall be provided as required by Section 18.12 of Riverside County Ordinance No. 348 (1991). All buildings or smactures shall not exceed 40 feet in height, unless a height. Community Open Space Planning Area 35 Community Open Space Zone The following regulations shall apply in all Community Open Space Zones: SECTION 8.100. USES PERMITTED. The following uses shall be permitted provided approval of a plot plan shall first have been obtained pursuant to the provisions of Section 18.30 of Riverside County Ordinance No. 348 (1991): (1) Undeveloped and manufactured open space. (2) Golf courses and appurtenant facilities, including clubhouses. A clubhouse is permitted to have customary retail shop and restaurant facilities. (3) Noncommercial community association recreation and assembly buildings and facilities. (4) Lakes, including noncommercial fishing therefrom. (5) Picnic grounds. (6) Parking lots, only for above-listed permitted uses, pursuant to the provisions of Section 18.12 of Riverside County Ordinance No. 348 (1991), except that not less than five percent of the interior of such parking lots shall have distributed landscaping in addition to the landscaping requirements of Section 18.12 of Riverside County Ordinance No. 348 (1991). (7) Water wells an appurtenant facilities. (8) On-site identification signs, maximum size - 10 square feet. The following uses are permitted provided a conditional use permit has been granted: (1) Riding academies and stables. SECTION 8.101. DEVELOPMENT STANDARDS. Lot Area. This zone is to be applied to those areas within subdivisions and other residential developments that provide open space and recreational area and facilities for the project. Therefore, no minimum lot size is established for the zone. Yards. Whenever a building is to be constructed on a lot in this zone, it shall have a front yard, side yard and rear yard, each of which shall be not less than 50 feet. If more than one building is constructed on one lot, there shall be not less than a 20-foot separation between the buildings. No structural encroachments shall be permitted in the -25- Co do eo front, side or rear yard except without approval of a setback adjustment pursuant to City Ordinance. Trash Areas. All trash collection areas shall be enclosed with a solid fence or wall no less than 6 feet high. Automobile storage space shall be provided as required by Section 18.12 of Riverside County Ordinance No. 348 (1991). All buildings or structures shall not exceed 50 feet in height. -26- ORDINANCE NO. 91- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA. CALIFORNIA· AMENDING ZONING ORDINANCE NO. 90-04 PERTAINING TO ORDINANCE NO. 348.2919 ISPECIFIC PLAN NO. 719) AS IT RELATES TO ZON I NG, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. City Ordinance No. 90-04 adopted by certain portions of the Non-Codified Riverside County Ordinances, Ordinance No. 348. Article X, Section 10.4.b. of Ordinance No. 348. reference including SECTION 2. Article XVIla of Ordinance No. 348 is amended by adding thereto a new Section 17.36 to read as follows: SECTION 17.36. SPECIFIC PLAN NO. 719. SP ZONE REQUIREMENTS AND STANDARDS FOR SEE EXHIBIT "C" SECTION 3. SEVERABILITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law, SECTION 5, EFFECTIVE DATE This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage. together with the names of the City Council Members voting thereon. it shall be published in a newspaper published and circulated in said City, PASSED, APPROVED AND ADOPTED THIS day of · 1991. ATTEST: RONALD J. PARKS MAYOR JUNE S. GREEK CITY CLERK STAFFRPT\SP219 10 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS. I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 90- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of · 1991, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the ~ day of , 1991, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED AS TO FORM: JUNE S. GREEK CITY CLERK Scott F. Field City Attorney Ordinance No. 91- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS. AFFIDAVIT OF POSTING JUNE S. GREEK· being first duly sworn· deposes and says: Temecula; That she is the duly appointed and qualified City Clerk of the City of That in compliance with City Resolution No. 89-9 on December 1, 1989, ORDINANCE NO, 91- was caused to be posted in three (3) places in the City of Temecula. to wit: Temecula Library Temecula Community Center Temecula City Hall JUNE S. GREEK, CITY CLERK STAFFRPT\SP219 11 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION March 18, 1991 Case No.: Change of Zone No. 5621; and Specific Plan No. 219, Amendment No. 1 Prepared By: Oliver Mujica Recommendation: 1. RECOMMEND ADOPTION of Negative Declaration for Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1; and ADOPT Resolution No. 91- recommendin9 approval of Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL' LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: Bedford Properties Robert Bein, William Frost and Associates Amend the boundaries and land use designations of Planning Areas 1, 2, 5, and 6 of Specific Plan No. 219. Northeast corner of Margarita Road and Highway 79; and bound by De Portola Road to the north. Specific Plan No. 219 (Meadows) North: South: East: West: Specific Plan No. 219 Specific Plan No. 223 (Vail Ranch) R-R; A-1-10; and C-P-S C-P-S Amendment No. 1 Vacant STAFFRPT\SP219 I PROJECT STATISTICS: BACKGROUND: Total Land Area: Planning Area 1: Planning Area 2: Planning Area 5: Planning Area 6: 128.7 acres 36.4 acres 19.0 acres 35.5 acres 37.8 acres On September 6, 1988, the Riverside County Board of Supervisors adopted Resolution No. 88-470 approving Specific Plan No. 219 IMeadows). The Meadows provided a total of 5,611 dwelling units on 1,036 acres as follows: 2,499 DU of medium density on 574 acres; 2,210 DU of medium-high density on 402 acres; 324 DU of high density on 26 acres; and very-high density on 34 acres. In addition, the following land uses were provided: community/ neighborhood commercial 130 acres); neighborhood commercial (15 acres); four elementary schools 141 acres; one junior high school 120 acres); two recreation areas 112.5 acres); one neighborhood park {2.9 acres); one neighborhood park 12.9 acres); and a day-care center 12 acres). In addition, the Board of Supervisors certified certified Environmental Impact Report No. 235, for Specific Plan No. 219, as an accurate and objective statement that complies with the California Environmental Quality Act (CEQA). Furthermore, a statement of overriding findings was made for the Air Quality Impacts. On October 12, 1989, the applicant filed Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1 to the Riverside County Planning Department, which proposed to amend the boundaries and land use designations of Planning Areas 1, 2, 5, and 6 of Specific Plan No. 219. The project was reviewed by the Riverside County Planning Department Staff during the first and second screen check process only, thus was never reviewed by the Riverside County Land Division Committee, nor was the project ever scheduled for Public Hearing. Subsequently, this project was transferred to the City of Temecula on May 24, 1990. Upon receipt of the project from the County, the Planning Department Staff conducted a number of screen checks prior to scheduling the project for Pre-DRC. STAFFRPT\SP219 2 PROJECT DESCRIPTION: On November 15, 1990, this project was reviewed by the Preliminary Development Review Committee (Pre-DRC) in order to informally evaluate the project and address any possible concerns, as well as suggesting possible modifications. The Pre-DRC was also used to provide the applicant with the City's final screen check of the Specific Plan Amendment Document. The comments by the Pre-DRC included the following: Infrastructure Phasing Land Uses Development Standards Subsequent to the Pre-DRC meeting, Staff met with the applicant to discuss the required supplemental material in order to address the Pre-DRC's concerns. On February 27, 1991, Specific Plan No. 219, Amendment No. 1 was reviewed by the Formal Development Review Committee; and, it was determined that the Specific Plan document was acceptable to proceed with the Public Hearing process and that the project, as designed, can be adequately conditioned to mitigate the DRC's concerns. The DRC has forwarded a recommendation of approval subject to conditions. As noted above, Specific Plan No. 219, Amendment No. 1 proposes to amend the boundaries and land use designations of Planning Areas 1, 2, 5, and 6, as follows: Planning Area 1: From - To - Planning Area 2: From - To - Planning Area 5: From - To - Medium Density Residential Community/Neighborhood Commercial Community/Neighborhood Commercial Very High Density Residential Very High Density Residential Medium High Density Residential STAFFR PT\SP219 3 Planning Area 6: From - To - High Density Residential Very High Density Residential ANALYSIS: Land Use Modifications Specific Plan No. 219, Amendment No. 1 proposes to modify the Land Use Plan (see Figure 3 - Approved and Amended - pages 17 and 18) by reducing the total number of dwelling units from 5,611 to 5,604 and reducing the total residential acreage from 1,036 to 1,031.3. The following tables outline the Land Use Modifications: Specific Plan No. 219 Land Use Acres Dwellinq Units Medium 574.0 2499 Med. High 402.0 2210 High 26.0 324 Very Hiqh 34.0 578 Total 1,036.0 5,611 Specific Plan No. 219, Amendment No. 1 Land Use Acres Dwellinq Units Medium 536.0 2338 Med. High 437.5 2356 High ELIMINATED Very Hiqh 57.8 910 Total 1,031.3 5,604 Boundary and Land Use Desiqnation Modifications As outlined in the project description, Specific Plan No. 219, Amendment No. 1, proposes to modify the boundaries and land use designations for Planning Areas 1,2,5 and 6. The most apparent modification involves the change of Planning Areas 1 (Medium Density Residential) and 2-A (Community / Neighborhood Commercial) to Planning Area 1 (Community / Neighborhood Commercial); and Planning Area 2-B (Community / Neighborhood Commercial) 'to Planning Area 2 IVery High Density Residential). STAFFR PT\SP219 4 Circulation Plan Modifications Specific Plan No. 219, Amendment No. 1, proposes to amend the designation of Street "G" from a secondary road (88' right-of-way) to a major roadway (100' right-of-way) and Street "H" from a collector road (66' right-of-way) to a major roadway {100' right-of-way). (See Figure 4 - Approved and Amended - pages 21 and 22). Road Improvments Highway 79 will be constructed by Assessment District 159 from curb to curb between Butterfield Stage Road and Margarita Road. Butterfield Stage Road will be constructed by Assessment District 159 20 feet on each side of centerline of roadway. The project developer will construct the remaining roadway between the project and the western 20 feet of Assessment District's construction. Margarita Road will be constructed by the project developer form east of the centerline to the curb, between Pauba Road and Highway 79. Assessment District 159 will construct the southern half of Pauba Road between Margarita and Green Tree. From Green Tree to Butterfield Stage Road, the Assessment District will then construct 20 feet on each side of the centerline. The project developer will construct anything south of what the Assessment District is constructing between Butterfield Stage Road and Green Tree. "G" Street and "H" Street will be constructed as 100' R.O.W. major roadways. However, intersection spacing and radius design will remain that of the 88 foot secondary roadway. Traffic Impacts The Transportation Engineering Staff has reviewed this project; and has determined that the proposed project is consistent with the traffic mitigation measures of EIR 235 adopted for Specific Plan No. 219 and there will be no additional adverse unmitigable significant traffic impacts resulting from the development of this proposed project. Development Standards Pursuant to the request of the Planning Department Staff, the applicant has prepared detailed Development Standards for Specific Plan No 219, STAFFRPT\SP219 5 SPECIFIC PLAN. GENERAL PLAN AND SWAP CONSISTENCY: ENVIRONMENTAL DETERMINATION: Amendment No. 1, as opposed to referencing Zoning Ordinance No. 348. These standards have been tailored to specifically address development within the Meadows by taking into consideration the lot sizes and adjacent land uses, within and surrounding the Specific Plan Area. It should be noted that, with the exception of Vesting Tentative Maps Nos. 24183, 25417 and 25418, there are approved Tentative Maps for the entire Specific Plan Area. The proposed project is consistent with the SWAP Land Use Designation of Specific Plan; and is consistent with the overall concept of Specific Plan No. 219, in that the total number of dwelling units has only decreased by 7 units and the Land Use acreage has only been modified to reduce the residential area by 4.7 acres and to increase the commercial area by 6.4 acres. In addition, Staff finds it probable that this project will be consistent with the new General Plan when it is adopted. An Initial Study was performed for this project which determined that although the proposed project could have a significant effect on the environment, no significant impact would result to the natural or built environment in the City because the mitigation measures described in EIR 235 and in the Conditions of Approval have been added to the project, and a Negative Declaration has been recommended for adoption. In order to ensure the implementation of the mitigation measures adopted through the California Environmental Quality Act (CEQA) process, which in this case is the Negative Declaration per the Environmental Assessment and E IR 235, the Planning Department Staff has included the following Condition (See Condition No. 18) within the recommended Conditions of Approval: "Prior to the issuance of grading permits and/or building permit, the developer or his successor's interest shall submit a mitigation monitoring program to the Planning Department for approval, which shall describe how compliance with required STAFFRPT\SP219 6 mitigation measures will be met and the appropriate monitoring timing of the mitigation." In addition, pursuant to the requirements of Assembly Bill 3158 (Chapter 1706) which authorizes the charging of certain fees for the filing of Negative Declarations which provide funding for the Department of Fish and Game, the Planning Department Staff has included the following Condition (See Condition No. 17) within the recommended Conditions of Approval: "Within forty-eight (48) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ($1,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars ($1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(2) plus the Twenty- Five Dollar ($25.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Came Code Section 711.4(c) ." FINDINCS: e There is a reasonable probability that Change of Zone No. 5621 and Specific Plan No. 219. Amendment No. 1 will be consistent with the City's future General Plan. which will be completed in a reasonable time and in accordance with State law. due to the fact that the subject request is consistent with the SWAP Designation of SP 219. There is not a likely probability of substantial detriment to or interference with the future General Plan, if Change of Zone STAFFRPT\SP219 7 No. 5621 and Specific Plan No. 219, Amendment No. 1 are ultimately inconsistent with the plan, due to the fact that an approval of such an amendment may be consistent with the goals and/or policies of the City's future General Plan. The project is compatible with surrounding land uses· The harmony creates a compatible physical relationship with adjoining properties. due to the fact that the adjoining developments were developed as an overall concept for Specific Plan No. 219 and the proposed project is consistent with Specific Plan No, 219, The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area, due to the fact that the proposed density is consistent with the overall concept of Specific Plan No. 219. STAFF RECOMMENDATION: The Planning Department Staff recommends that the Planning Commission: RECOMMEND ADOPTION of Negative Declaration for Change of Zone No. 5621 and Specific Plan No, 219. Amendment No, 1; and ADOPT Resolution No. 91- recommending approval of Change of Zone No. 5621 and Specific Plan No. 219, Amendment No, 1. OM: mb Attachments: 2. 3. q. o Resolution Conditions of Approval Environmental Assessment Exhibits: A. Land Use Map B. Vicinity Map C. Zoning Map D. Development Standards Large Scale Plan Specific Plan Text STAFFRPT\SP219 8 RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF CHANGE OF ZONE NO. 5621 AND SPECIFIC PLAN NO. 219, AMENDMENT NO. 1 AMENDING THE BOUNDARIES AND LAND USE DESIGNATIONS OF PLANNING AREAS 1, 2, 5, AND 6 OF SPECIFIC PLAN NO. 219 FOR THE SUBJECT PROPERTY LOCATED ON THE NORTHEAST CORNER OF MARGARITA ROAD AND HIGHWAY 79; AND BOUND BY DE PORTOLA ROAD TO THE NORTH AND KNOWN AS ASSESSOR'S PARCEL NO. 910-100-007. WHEREAS, Bedford Properties filed Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Change of Zone and Specific Plan Amendment applications were processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Change of Zone and Specific Plan Amendment on March 18, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Change of Zone and Specific Plan Amendment; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findinqs. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: STAFFRPT\SP219 9 a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, I hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The Planning Commission in recommending approval of the proposed Change of Zone and Specific Plan Amendment, makes the following findings, to wit: a) There is a reasonable probability that Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law, due to the fact that the subject request is consistent with the SWAP Designation of SP 219. There is not a likely probability of substantial detriment to or interference with the future General Plan, if Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1 are ultimately inconsistent with the plan, due to the fact that an approval of such an amendment may be consistent with the goals and/or policies of the City's future General Plan. STAFFRPT\SP219 10 The project is compatible with surrounding land uses. The harmony creates a compatible physical relationship with adjoining properties, due to the fact that the adjoining developments were developed as an overall concept for Specific Plan No. 219 and the proposed project is consistent with Specific Plan No. 219. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area, due to the fact that the proposed density is consistent with the overall concept of Specific Plan No. 219. D. The Change of Zone and Specific Plan Amendment are compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in El R 235 and in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. SECTION 3. That the City of Temecula Planning Commission hereby recommends approval of Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1 amending the boundaries and land use designations of Planning Areas 1, 2, 5, and 6 of Specific Plan No. 219 for the subject property located on the northeast corner of Margarita Road and Highway 79; and bound by De Portola Road to the north and known as Assessor's Parcel No. 910-100-007. PASSED, APPROVED AND ADOPTED this 18th day of March. 1991. DENNIS CHINIAEFF CHAIRMAN STAFFRPT\SP219 11 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meetincj thereof, held on the 18th day of March, 1991 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS STAFF R PT\SP219 12 II. CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY Backqround 1. Name of Proponent: 2. Address and Phone Number of Proponent: o Date of Environmental Assessment: Agency Requiring Assessment: Name of Proposal, if applicable: Location of Proposal: Bedford Properties 28765 Single Oak Drive, Suite 200 Temecula, CA 92390 (714) 676-7290 February 13, 1991 CITY OF TEMECULA Change of Zone No. 5621 and Specific Plan No.219, Amendment No. 1 North Side of Hi.qhway 79, between Mar.qarita and Butterfield StaqeRoads; and Bound by Pauba Road to the north. Proiect Description See Attached. STAFFRPT\SP219 17 III. Discussion of the Environmental Evaluation The following environmental impacts associated with Specific Plan No. 219 are insignificant in that the design of the project includes the necessary mitigation measures which have been adopted within EIR 235: Water and Sewer: The project will have an average daily consumption of domestic water of 1,683,300 gallons at 300 gallons/d.u./day. The project will generation between 1.81 and 3.08 million gallons per day of sewage flow. Onsite wastewater collection facilities will be constructed to tie into Eastern Municipal Water District's master planned facilities being constructed through the Rancho Villages Assessment District. Construction of all structures within the project will conform to state laws requiring water efficient plumbing fixtures. Bo Utilities: Gas, electricity, and telephone service will be provided by respective purveyors of the service. Lines for electrical and telephone services, and mains for natural gas are located along the project boundaries. Ce Enerqy Resources: The project will increase consumption of energy for motor vehicle movement, space and water heating, air conditioning, use of home appliances, and operation of construction equipment. The project will adhere to State Code Title 24 energy conservation standards and will employ site design, when possible, for additional energy conservation. Non vehicular pathways are included within, and adjacent to, the project site. Commercial and employment centers are in proximity to the project site. Parks and Recreation: Project residents will create a demand for parks and recreation facilities, and for open space. The project design provides 242+/- acres of recreation areas, parkway greenbelts, and paseo open space. The following environmental impacts associated with Specific Plan No. 219 are potentially significant, but will be avoided or substantially lessened by the identified mitigation measures which have been adopted within EIR 235: A. Seismic Safety 1. Impact: Although faults have been previously mapped on- site, they have been determined to be inactive and the risk of ground rupture due to faulting on the project is considered nil. Liquefaction potential STAFFRPT\SP219 18 Be 2. Mitiqation: Slopes and Erosion 1. Impact: 2. Mitiqation: Floodinq 1. Impact: 2. Mitiqation: exists along the entire flat alluviated area of Temecula Creek within the southern site boundary. During site development, additional geologic evaluation shall be continued in order to verify the extent and relative age of fault activity. Mitigation of the liquefaction potential within the southern portion of the site will occur as a result of project development, which will lower artificially high groundwater levels by removal of recharge ponds, as well as increase overburden as a result of site grading. The Meadows Specific Plan will unavoidably alter some of the existing landforms. Owing to the general granular nature of graded slopes, a moderate to severe erosion potential exists if slopes are unprotected. Removal and recompaction of portions of alluvial/colluvial soils within fill areas and shallow cut areas will be necessary. Temporary groundcover shall be provided to prevent erosion during the construction phase. Permanent vegetation shall be planted as soon as possible after grading. Specific requirements for alluvial/colluvial soils removal shall be developed during tentative map studies and incorporated into project grading. The three small possible landslide areas shall be investigated during design level studies and all mitigation measures identified as a result of that investigation will be incorporated into future development approvals. Remedial grading recommendations to provide for the long term stability will be provided based upon a finalized grading design. Development of the Vail Meadows Specific Plan will alter the existing drainage patterns and will increase runoff to Temecula Creek and, to a lesser extent, Murrieta Creek. A master drainage plan has been developed to respond to the hydrological constraints of the site. A more in-depth assessment of the Temecula floodplain shall be conducted during the final design and preparation of the tentative tract maps, and all mitigation measures identified as a result of that assessment will be incorporated into future development approvals. Erosion control devices STAFFRPT\SP219 19 Do Noise 1. Impact: 2. Mitiqation: Water Quality 1. Impact: 2. Mitiqation: Wildlife/Veqetation 1. Impact: 2. Miti.clation: shall be utilized in hillside development areas to mitigate the effect of increased runoff at points of discharge. If required, the project applicant will contribute Drainage Improvement Fees as appropriate. Noise generated from the project will derive from two sources, construction and vehicular traffic, but is not anticipated to result in unacceptable noise levels to existing or proposed off-site uses. Ohsire areas adjacent to high volume roadways may be subject to noise impacts. A noise analysis shall be required in planning areas adjacent to high volume perimeter roads. If indicated, noise attenuation will be incorporated into project design. Implementation of the project will alter the composition of surface runoff by 9radin9 the site surfaces; by construction of impervious streets, roofs and parking facilities; and by the irrigation of landscaped areas. Runoff conveyed to Temecula and Murrieta Creeks will contain minor amounts of pollutants. The project will employ erosion control devices during grading, such as temporary berms, culverts, sand bagging or alesilting basins. Urban runoff will be mitigated through implementation of a street cleaning program. As a consequence of grassland and coastal sage scrub vegetation removal, existing wildlife will either be destroyed or displaced. Impacts upon habitat containing a population of the Stephens Kangaroo Rat will result. The project applicant will participate in any in-place County program which provides for off-site mitigation of impacts to the Stephens Kangaroo Rat, or enter into a Memorandum of Understanding wit the California Department of Fish and Game. STAFFRPT\SP219 20 Go Historic and Prehistoric Sites 1. Impact: 2. Mitiqation: H. Circulation 1. Impact: Without proper mitigation, implementation of the Vail Meadows Specific Plan could potentially destroy archaeological/historical sites on the property. 2. Mitiqation: Prior to the approval of any additional implementing processes, the applicant/developer will meet with the County Historical Commission to determine appropriate measures to mitigate potential impacts to archaeological/historical sites; all mitigation measures identified as a result of the meeting(s) will be incorporated into future development approvals. I. Fire Protection The Vail Meadows Specific Plan is anticipated to generate 47,600 vehicle trips per day at project completion. Approximately 40,000 of these trips would be external to the site. 1. Impact: Construction of the proposed circulation network will adequately service future on-site traffic volumes. Off-site improvements will be constructed as required by the County Road Department and CalTrans. 2. Mitigation: The project site would be subject to Category II urban development requirements with regard to fire protection services. J. Sheriff The project site will be served by a proposed fire station, to be constructed near Highway 79. The developer will pay mitigation fees as required by the Board of Supervisors. 1. Impact: Project residents will impose increased demands on law enforcement and sheriff services. 2. Mitiqation: Project design will incorporate appropriate lighting, site design, security hardware and such design features as will promote optimal security. The developer will pay mitigation fees as required by the Board of Supervisors. STAFFRPT\SP219 21 No Schools 1. Impact: 2. Mitiqation: Solid Waste 1. Impact: 2. Mitiqation: Libraries 1. Impact: 2. Mitiqation: The project will generate an estimated 3,109 students in grades K-8 and 1,187 students in grades 9-12, impacting the Temecula Union School District. The project has designated four elementary school sites and one junior high school site, The developer will pay school mitigation fees as required, Project residents, estimated at 14,587, will generate approximately 58 tons per day of solid waste, incrementally shortening the life of County landfill sites. The County Solid Waste Management Plan includes programs for reducing the quantity of wastes being landfilled, including source reduction and business and residential separation of recoverables. These programs may be implemented by project residents and businesses. The project's population will increase demand for library facilities and services. The developer will pay library mitigation fees as required by the Board of Supervisors, The following environmental impact associated with Specific Plan No. 219 cannot be fully mitigated and a statement of overriding findings has been adopted within EIR 235: Air Quality 1. Impact: At project build-out, daily motor vehicle emissions for the project will total approximately 7,754 lbs/day. Power plant emissions for electrical energy consumed on-site will total 175 lbs/day. Natural gas emissions for project consumption will total 163.6 lbs per day. Approximately 100 lbs of dust per acre will be generated each day of construction in addition to an undetermined amount of motor emissions during site preparation an construction. STAFFRPT\SP219 22 2. Miti.qation: Because most of the project-related air pollution emissions are generated by automobiles, effective mitigation is limited. On-site provisions for schools, shoppin9, and recreation has been incorporated into project design. Sufficient acreage has been zoned for industrial use in the Rancho California/Temecula area to provide employment opportunities. project design includes a circulation plan designed for efficient and direct traffic flows and alternative transit modes including pedestrian, bicycle, and equestrian trails. The Rancho Villa9es Policy Plan, to which this project is subject, requires pedestrian and bus stop facilities for commercial areas. These requirements will be implemented at the development application stage. Particulate matter and other pollutants generated during grading and construction will be reduced through compliance with County Ordinance No. 457 which specifies watering during construction, and planting of ground cover. IV. Conclusion The Riverside County Board of Supervisors certified Environmental Impact Report (EIR) No. 235 in conjunction with the approval of Specific Plan No. 219 and Change of Zone No. 5140. The EIR included mitigation measures to reduce environmental impacts to levels of insignificance. The Board of Supervisors also adopted statements of overriding considerations for the air quality impacts. Specific Plan No. 219, Amendment No. 1 has seven (7) fewer residential units and proposes to modify the boundaries of Planning Areas 1, 2, 5, and 6; and will not result in additional impacts to the environment. The Conditions of Approval are adequate to mitigate any potential significant impacts to levels of insignificance. Pursuant to Section 15164 of the California Environmental Quality Act and Condition of Approval No. 12 of Specific Plan No. 219, this Initial Study has been prepared to demonstrate that the changes resulting from the proposed Specific Plan Amendment will not result in new or substantially increased significant impacts, that there have been no changes in the circumstances surrounding the project that would require important revisions to the EIR due to new significant impacts, and that no new information has arisen which would indicate that the project will have significant effects not previously discussed or underestimated, or that alternatives or mitigation measures not previously considered would substantially reduce any significant impacts. STAFFRPT\SP219 23 ENVIRONMENTAL DETERMINATION 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 signi- ficant effect on the environment, there will not be a signi- ficant effect on this case because the mitigation measures described on attached sheets, which were adopted for EIR 235, and in the Conditions of Approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT ~EPORT is / required y~.~j:~' . j~~. February 13, 1991 {~ ~ -~-~/7 ~ /(-~/ ? Date Oliver aujica, ~nior Plan~br For CITY OF TEMEC~LA X STAFFRPT\SP219 24 APPROVED-- AREA r .4 3,IENDED) A:THE MEADOWS -v" AT RANCHO CALIFORNIA ,~ . ~ - .~-~. ,~ .- -~ ...... -~ i~ '~ ~ .. "' ~ - ~ ~--, ve~ ~ ~e Med~m ~h 4375 2,356 ,,ff .~ ~_ ~:~ .... ~ w~ ~ 57.. ~o ~ ~h~ 20,0 ITEM NO. 17 APPROVAL CITY ATTORNEY FINANCE OFFICER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT CITY COUNCIL DAVID F. DIXON APRIL 9, 1991 SAM HICKS MONUMENT PROJECT PARK CURB AND GUTTER PREPARED BY: SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR RECOMMENDA T/ON: That the City Council: Award construction contract to R.J. Nobel Company for the Sam Hicks Monument Park Curb and Gutter Project. FISCAL IMPACT: $106,641.99 is the lowest, qualified bid. Unencumbered funds exist in account #014-166-999-44-5806. DISCUSSION: The Sam Hicks Monument Park Curb and Gutter Project consists of installing curb, gutter, asphalt, and sidewalk improvements along Mercedes Street and Moreno Road. Three (3) Old Town style streetlights will also be installed during the construction process, which will fit in aesthetically with the surrounding Old Town area. Bid documents were prepared in accordance with the City's Public Works Bid Procedures. The following bid was submitted: 1. R.J. Nobel Company $106,641.99. This bid is near the construction estimate of $105,000.00, and since the noticing requirements were completed in accordance with the City's policy, it is recommended to accept this bid. No subcontractors will be used for this project. A copy of the bid opening log sheet and the construction agreement are enclosed for your review. CITY OF TEMECULA BID OPENING LOG SHEET Bm OPENING DATE: 3t.~ ~/~/ PROJECT DESCRIFHON: ,~,~ '~'C~ BIDDER: BID BOND ® ® ® ® ® 10. CC: City Clerk's Staff (3) Initiating Department (1) City Manager (1) 2\fornu\bids\!~010 AGREEMENT OF CONTRACT AWARD THIS AGREEMENT is entered into at Temecula, California on and is between City of Temecula hereafter called "City" and R.J. NOBLE ~NMPANY hereafter called "Contractor". w I TN E S S E T H RECITALS: 1. Contractor has submitted to City his Contractor's Proposal for the construction of City Project, SAM HICKS PARK STREET IMPROVEMENTS in strict accordance with the Contract Documents identified below and City has accepted said Proposal. 2. Contractor states that he has reexamined his Contractor's Proposal and found it to be correct, has ascertained that his- subcontractors are properly licensed and possess the requisite skill and forces, has reexamined the site and Contract Documents and is of the opinion that he can presently do the work in accordance with the Contract Documents for the money set forth in his Proposal to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Contract Documents. The entire contract consists of the following: (a) The Agreement. (b) The Notice Inviting Bids, (c) The Instruction to Bidders. (d) The Contractor's Proposal. (e) The Bid Bond. (f) The Payment Bond. (g) The Performance Bond. (h) The General Conditions. (i) Any Special Provisions. (j) The Standard Specifications of the State of California Department of Transportation edition of January 1988 as modified in other portions of the Contract Documents. (k) The Standard Plans of the County of Riverside as needed relative to the work described by these documents. (1) The Plans (m) Addenda Nos. ~ (n) The Determination of Prevailing Wage Rates for Public Work. (o) Any Change Orders issued. (p) Any Additional or supplemental specifications, notice, instructions and drawings issued in accordance with the provisions of the Contract Documents. All of said Documents presently in existence are by this reference incorporated herein with like effect as if here set forth in full and upon the proper issuance of other documents they shall likewise be deemed incorporated. The Bid Bond is exonerated upon execution of this Agreement and the Payment Bond and Faithful Performance Bond. 2. The Work. Contractor shall do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents. ACA- 1 SAM HICKS PARK STREET IMPROVEMENTS MORENO ROAD AND MERCEDES STREET TEMECULA, CALIFORNIA AGREEMENT It is understood that the quantities shown hereon, except for those quantities marked "FINAL" and "LUMP SUM", are but estimates and that final payment will be based on the actual work performed, subject to such adjustments and alterations as elsewhere provided herein. NOTE: SHOW ALL UNIT PRICES AND TOTALS IN FIGURES ITEM UNIT NO. QTY UNIT DESCRIPTION PRICE TOTAL 1. 1 LS Mobilization 8,775.00 2. 19,320 SF .25 AC/. 52AB 1.19 22,990.80 3. 19,320 SF Fine Grading .42 8,114.40 4. 28,865 SF Wash & Tack Coat .046 1,327.79 5. 9,465 SF A.C. Cap & Feather Match .596 5,641.14 6. 28,865 SF Fog Seal .029 837.09 7. 729 LF 6" Conc Curb & Gutter 16.38 11.941.02 8. 145 LF 6" Conc Curb Only 12.87 1.866.15 9. 820 SF Cross Gutter & Spandrels 5.85 4,797.00 10. 3,465 SF Conc Sidewalk 2.63 9,112.95 11. 1 EA Access Ramp 292.50 12. 480 SF Conc Driveway Approach 5.55 2,664.00 13. 1 EA Under Sidewalk Drain 3,744.00 14. 35 LF Conc Gutter Per Detail 19.31 675.85 ACA-2 SAM HICK'S PARK STREET IMPROVEMENTS (AGREEMENT - CONTINUED) ITEM NO. QTY UNIT DESCRIPTION UNIT PRICE TOTAL 15. 1,000 CY 16. 1 EA 17. 1 EA 18. 1 EA 19. 10 EA 20. 4 EA 21. 9,600 SF 22. 36 LF 23. 320 SF 24. 1 LS 25 · 2 EA 26. 3 EA TOTAL ITEMS 1-28 Overexcavate & Recompact 3.51 Relocate Exist Water Meter & Remove Exist Guard Post Relocate Exist Street Sign Relocate Exist Stop Sign Relocate Exist Hitching 319.00 Post & Railing Relocate Exist Tree 392.00 Sawcut & Remove Exist A.C. .53 Remove Exist Conc Curb Only 7.95 Remove Exist Cross Gutter 2.98 and Spandrel Remove Exist Steps Adjust GTE M.H. to Grade Install Furnished Street Lights (55W) at Field Determined Locations ONE HUNDRED & SIX THOUSAND SIX HUNDRED & FORTY ONE DOLLARS & 99/100S "Words" 3,510.00 585.00 146.00 175~50 3,190.00 1,568.00 5,088.00 286.20 953.60 1,271.00 1,404.00 2,808.00 1,427.00 4,281.00 $ 106,641.99 "Figures" ACA-3 S~M HICK'S PARK STREET IMPROVEMENTS (AGREEMENT - CONTINUED) ITEM NO. QTY UNIT DESCRIPTION UNIT PRICE TOTAL OPTIONAL ITEMS: 29. 3,465 SF 30. 1 LS Granite Overlay for Sidewalk Remove Exist Playground Equip without Damaging or Marring. A Third Party will take Removed Equipment from Site. TOTAL OPTIONAL ITEMS 29-30 PROJECT TOTAL ITEMS 1-30 "Words" ONE HUNDRED & SIX THOUSAND SIX HUNDRED & FORTY ONE DOLALRS & 99/100S "Words" "Figures" $ 106,641.99 "Figures" ACA-4 3. Liquidated Damages and Time of Completion. Attention is directed to the provisions in Section 8-1.03, "Beginning of Work" in Section 8-1.06, "Time of Completion", and in Section 8-1.07, "Liquidated Damages", of the Standard Specifications and these Special Provisions. In lieu of the provisions of the first paragraph of Section 8-1.03 of the Standard Specifications, the Contractor shall begin work within 15 days of the date stated within the written "Notice to Proceed". The Contractor shall diligently prosecute the work to completion before the expiration of 90 working days from the date stated in the "Notice to Proceed". The Contractor shall pay to the City of Temecula the sum of two hundred dollars ($200) per day, for each and every calendar day's delay in finishing the work in excess of the number of- working days prescribed above. 4. Compensation. Contractor shall be paid in the manner set forth in the Contract Documents the amount of his Proposal as accepted by County, the above rates, subject to additions and deductions as provided in the Contract Documents. Said Proposal is on file in the Office of the Clerk of the Board of Supervisors of County. IN WITNESS WHEREOF the parties hereto have executed this agreement as of the date set forth on Page 1 of this Agreement. BY///~~~~~ MIKE KEENAN TITLE: ESTIMATOR ATTEST: '~//~~~'-~!"~~j WILLIAM TIMOTHY gARVER TITLE: CORPORATE SECRETARY "Contractor" CITY OF TEMECULA BY ATTEST: June Greek, Deputy City Clerk BY "City" (Seal) ACA-5 ITEM NO. 18 APPROVAL CITY ATTORNEY FINANCE OFFICER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council City Clerk April 9, 1991 Traffic signals on Rancho California Road at the Westerly Entrance to the Target Center BACKGROUND: Councilmember Lindemans requested that this item be placed on the agenda for discussion. JSG ITEM NO. 19 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council City Attorney April 9, 1991 Consideration of Bus Shelters - Temecula Valley Transit RECOMMENDATION: Continue this matter to the meeting of April 23, 1991. BACKGROUND: The applicant Mr. Tom Mindeola met with the City Manager and City Attorney on Tuesday, March 19, 1991. By mutual consent it was agreed to continue this item to the meeting of April 9, 1991 to allow Mr. Mindeola additional time to secure needed information prior to finalizing the required agreements. The applicant has not provided the City with the data necessary to make a specific recommendation as of the agenda deadline date. jsg ITEM NO. 20 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECUI A AGENDA REPORT City Manager/City Council City Clerk April 9, 1991 Consideration of Western Ridgeline Policies RECOMMENDATION: policies. Provide further direction to staff regarding the desired BACKGROUND: Mayor Parks requested that this matter be placed on the Council's agenda for reconsideration. Planning staff has prepared a memorandum which is attached to this report. Attachment: Memorandum - Western Ridgeline Policies jsg TO: FROM: DATE: SUBJECT: City Council Planning Department/ April 9, 1991 Western Ridgeline Policies At the request of Mayor Parks, the Western Ridgeline Policies have been placed on the agenda for reconsideration by the City Council. On March 12, 1991, the City Council directed Staff to develop Hillside and Open Space Policies to be used as the City of Temecula's Interim Western Ridgeline Policies until the General Plan is adopted. This direction was in response to a development proposal on the Western Ridgeline currently under review by the County of Riverside (Change of Zone No. 5748 and Tentative Tract Map No. 25980). The Southwest Area Community Plan policies: (SWAP) has the following Hillside Policies The "Hillside" designation is applied to relatively small isolated topographic features with slopes in areas of 25% or greater. Do Development within the Hillside area shall follow design Policy 1 (a). These features should be incorporated, when possible, into the design of development proposals as open space, and/or larger lot sizes. The Hillside designation shall have a five (5) acre minimum lot size or .2 DU/AC for density transfer purposes. 2. Open Space Policies a. Mountainous (1) The minimum lot size permitted within the Mountainous designation shall be 10 acres, permitting a 5 acre minimum lot size in the Santa Rosa/DeLuz Area, in accordance with policy (10), (11) and (13). STAFFRPT\WESTRIDG City Council April 9, 1991 Page 2 (2) (3) (4) (5) (6) (7) (8) (9) Post and beam construction and special foundations designed to resist earthquake shaking shall be encouraged in areas with slopes in excess of 25% to reduce excessive grading. Development in Mountainous areas shall blend into the natural features of the site and shall attempt to avoid an unvaried, unnatural or manufactured appearance. Narrow canyons which might create a significant fire hazard shall be left undeveloped. Structures must be setback a minimum of 30 feet from any slopes greater than 25% and 30 feet in height and, excepting lawns and some ornamentals and groundcovers, natural vegetation shall be cleared for a distance of not less than 30 feet from any structure. Roads and driveways should attempt to try to avoid alignment through areas of natural slopes in excess of 25%. Roads crossing drainage channels shall provide for proper drainage, and placement of drainage channels which might undermine or erode the roadbed shall be avoided. All driveways shall be constructed with a finished grade of no more than 15%. Erosion and sedimentation control shall be encouraged with retention of existing trees, vegetation, planting of cut and fill slopes, construction of retaining walls, dikes, proper cover and an irrigation system calibrated to soil permeability. STAFFRPT\WESTRIDG City Council April 9, 1991 Page 3 (1~) Within the Santa Rosa/DeLuz Area, land divisions creating parcels less than 10 acres in size shall provide paved roads that are connected to a maintained road system, or shall be required to form an assessment district to provide such paved access. (1!) Each proposed lot less than 10 acres in size, within the Santa Rosa/DeLuz area shall be able to provide a minimum 10,000 square foot building pad, unless post and beam construction is to be utilized. (12) The boundaries of the Hillside and Mountainous designations are based on general topographical data. Therefore, the lines should not be considered final for the purposes of determining how much of a given parcel is inside or outside the Mountainous or Hillside designation. Development applications located on the edge of the Mountainous or Hillside designations may be accompanied by more detailed topographic data to further define slope characteristics of the parcels in relation to the parcel. (13) Building sites shall not be permitted on the Western Ridgeline as identified on the land use allocation map. Projects proposed within the area of the Western Ridgeline shall be evaluated on a case by case basis to ensure that building pad sites are located so that buildings and roof tops do not project above the ridgeline as viewed from the Temecula Basin. All projects within a 1/2 mile of the western ridgeline shall also be evaluated on a case by case basis to determining if the building site will have an adverse impact to the ridge line as viewed from the basin. The Planning Staff has the following concerns regarding development on the Western Ridgeline: Potential aesthetic impacts as viewed from the City of Temecula basin. STAFFRPT\WESTRIDG City Council April 9, 1991 Page 4 Potential inconsistency with the City's future General Plan, if said plan includes Western Ridgeline Policies. Based on the above mentioned proposal that is currently under review by the County of Riverside; due to the fact that the City of Temecula does not have an adopted General Plan; and since the City utilizes the Southwest Area Community Plan as a guideline document only, Staff suggests that the Hillside and Open Space Policies of the Southwest Area Community Plan should be incorporated into interim City policies regarding the Western Ridgeline until the General Plan is adopted. OM:ks STAFFRPT\WESTRIDG APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA Pd~ORT City Council/City Manager Planning Department March 12, 1991 Western Ridgeline Policies PREPARED BY: RECOMMENDATION: Oliver Mujica The Planning Department Staff recommends that the City Council: Direct Staff to develop interim Hillside and Open Space Policies to be used as the City of Temecula's Western Ridgeline Policies until the General Plan is adopted; and direct Staff to forward said policies to the County of Riverside. Forward a recommendation to the County of Riverside relative to Change of Zone No. 57.8 and Tentative Tract Map No. 25980. BACKGROUND: On February 11, 1991, the Planning Department received a letter of transmittal from the Riverside County Planning Department regarding their processing of Change of Zone No. 57~8 and Tentative Tract Map No. 25980. Change of Zone No. 57~8 proposes to change the zoning designation of the subject 71.~8 acre site from R-A-20 (Residential Agricultural - 20 Acre Minimum Lot Size) to R-A-5 (Residential Agricultural - 5 Acre Minimum Lot Size). STAFFRPT\WESTRIDG 1 ANALYSIS: Tentative Tract Map No. 25980 proposes to subdivide the subject 71.L~8 acre site into eleven (11) residential lots. The proposed density is 1 DU/6.50 acre, with a minimum lot size of 5 acres. On February 27, 1991, the Planning Department received a copy of the Final Staff Report, from the Riverside County Planning Department, for Change of Zone No. 5748 and Tentative Tract Map No. 25980 which was scheduled for the Riverside County Planning Commission Public Hearing of March 6, 1991. The recommendation of the Riverside County Planning Department is for denial (see attached report) based on the following: The proposed project is not consistent with the Southwest Area Community Plan and the Comprehensive Ceneral Plan. The proposed project is not consistent with Ordinance No. ~60. The proposed project's visual impact is currently unmitigated. On March 1, 1991, the City of Temecula Planning Department Staff presented a letter to the Riverside County Planning Department {attached) requesting that -the item be continued to a County Planning Commission Public Hearing date after March 12, 1991, in order to allow the City of Temecula City Council the opportunity to submit a formal response regarding Change of Zone No. 57~8 and Tentative Tract Map No. 25980; and forward formal policies of the City of Temecula regarding development on and adjacent to the Western Ridgeline. The Southwest Area Community Plan (SWAP) has the following policies: 11. Hillside Policies The "Hillside" designation is applied to relatively small isolated topographic features with slopes in areas of 25%, These features should be incorporated, when possible, into the design of development proposals as open space, and/or larger lot sizes. The Hillside designation shall have a minimum lot size of minimum or .2 STAFFRPT\WESTRIDG 2 12. DU/AC for density transfer purposes. Development within the Hillside area shall follow design Policy 12 (a). Open Space Policies a. Mountainous (1) The minimum lot size permitted within the Mountainous designation shall be 10 acres, permitting a 5 acre minimum lot size in the Santa Rosa/DeLuz Area, in accordance with policy (12) and (13). (2) Post and beam construction and special foundations designed to resist earthquake shaking shall be encouraged in areas with slopes in excess of 25% to reduce excessive grading. (3) Development in Mountainous areas shall blend into the natural features of the site and shall attempt to avoid an unvaried, unnatural or manufactured appearance. Narrow canyons which might create a significant fire hazard shall be left undeveloped. (5) Structures must be setback a minimum of 30 feet from any slopes greater than 25% and 30 feet in height and, excepting lawns and some ornamentals and groundcovers, natural vegetation shall be cleared for a distance of not less than 30 feet from any structure. (6) Roads and driveways should attempt to try to avoid alignment through areas of natural slopes in excess of 25%. STAFFRPT\WESTRIDG 3 {7) 18) (9) {10) (11) {12) Roads crossing drainage channels shall provide for proper drainage, and placement of drainage channels which might undermine or erode the roadbed shall be avoided. All driveways shall be constructed with a finished grade of no more than 15%. Building pads may be permitted on hilltops and ridgelines (excluding the Western Ridgeline, Policy 14), when grading would be minimized, and mitigated by landscaping and/or special treatment. Erosionandsedimentationcontrol shall be encouraged with retention of existing trees, vegetation, planting of cut and fill slopes, construction of retaining walls, dikes, proper cover and an irrigation system calibrated to soil permeability. Within the Santa Rosa/DeLuz Area, land divisions creating parcels less than 10 acres in size shall provide paved roads that are connected to a maintained road system. or shall be required to form an assessment district to provide such paved access, Each proposed lot less than 10 acres in size, within the Santa Rosa/DeLuz area shall be able to provide a minimum 10,000 square foot building pad, unless post and beam construction is to be utilized. STAFFRPT\WESTRIDG 4 DISCUSSION: {13) The boundaries of the Hillside and Mountainous designations are based on general topographical data, Therefore. the lines should not be considered final for the purposes of determining how much of a given parcel is inside or outside the Mountainous or Hillside designation, Development applications located on the edge of the Mountainous or Hillside designations may beaccompanied bymore detailedtopographic data to further define slope characteristics of the parcels in relation to the parcel, (1~) Building sites shall not be permitted on the Western Ridgelineas identified on the land use allocation map. Projects proposed within the area of the Western Ridgeline shall be evaluated on a case by case basis to ensure that building pad sites are located so that buildings and roof tops do not project above the ridgeline as viewed from the Temecula Basin, All projects within a 1/2 mile of the western ridgeline shall also be evaluated on a case by case basis to determining if the building site will have an adverse impact to the ridge line as viewed from the basin, The Planning Staff has the following concerns regarding development on the Western Ridgeline: Potential aesthetic impacts as viewed from the City of Temecula basin. Potential inconsistency with the City's future Ceneral Plan, if said plan includes Western Ridgeline Policies, STAFFRPT\WESTRIDG 5 RECOMMENDATION: Based on the above mentioned proposal that is currently under review by the County of Riverside; due to the fact that the City of Temecula does not have an adopted General Plan; and since the City utilizes the Southwest Area Community Plan as a guideline document only, Staff suggests that the Hillside and Open Space Policies of the Southwest Area Community Plan should be incorporated into interim City policies regarding the Western Ridgeline until the General Plan is adopted. The Planning Department Staff recommends that the City Council: Direct Staff to develop interim Hillside and Open Space Policies to be used as the City of Temecula's Western Ridgeline Policies until the General Plan is adopted; and direct Staff to forward said policies to the County of Riverside. Forward a recommendation to the County of Riverside relative to Change of Zone No. 5748 and Tentative Tract Map No. 25980. OM: ks Attachments: Riverside County Planning Commission Staff Report (dated March 6, 1991) Letter to Riverside County Planning Department (dated March 1, 1991) STAFFRPT\WESTRIDG 6 Zoning Area: S~'tta Ro~ Ka.ncho Supervi~al District: First E.A. Number: 34917 Regional Team No.: One PROIECT PLANNER: RAI,PH_L. WILLIAMS. CHANGE OF ZONE NO. ~7~ TENTATIVE TRACT MAP NO. 25980 AM~'DED NO. 1 Planning Commitsion: M~.h 6, lg91 Agenda Item No.: 2-1 RIVERSIDE COUNTY PLANNLNG DEPARTMENT STAFF REPORT 10. 11, 12, Appllca_nt: EnginccrlRcp.: Type of R~uest: Location: ExisSng Land Use (Exhibit #1): Surrounding Land Use (Exhibit #1): Existing Zoning (Exhibit #2i: Surrounding Zoning (Exhibit ~r2): Comprehensive General Plan: Land Divizion Dam: LeUer~ (Oppodng/S upporting): Sphere of Imelucucc: Pctr, r and Judy Rosen Markham and Associates Change the zoning on 71.48 acres from R-A-20 to R-A-5 and subdivide the same · creage into 1 ! lot~. Locat~l northc~t of Via Horca and north of C~mino Gatillo Vacant parcel ¥acant parcels. groves and single family r~ticlence R-A-20, R-A-10, and R-A-5 $ou~west Area Community Plan (SWAP) Land Use: Category IV, Residential Density: 10 acres minimum Open $pace/Con~.: Mountainous Total Acrc.~gc: 71.48 ' T0tal Lots: I1 DUPcr Acre: 1 du/6.50 acres Propose~ Min. Lot $Lz¢: 5 acres None received as of this wdtlng Adjacent to City of Temeeula RF~COl~.iENDATIONS: DE,~,L of CHANGE OF ZONE NO. $7~ from R-A-20 to R-A-5 based on the fu'tdin/s and conclusions incorporated in the staff report; and DEN~AL of TENTATIVE TRACT MAP NO. 25980, AMENDED NO. 1, bas~ on the findings and conclusions incorporated in the staff report. CHANGE OF ZONE NO. ~748 ~,,N~ATrVE T~kCT MAP NO. 2~980 AMENDED NO. ! St~ff R~port Change of Zone No. 5?48 and Tcn~tivc Tract Map No. 25980, Amended No. 1 are conairrent requests to change the zoning on approximately '71.48 itcres from R-A-20 to ' R-A-5 and subdivide the site into eleven rcsidcntip.1 parcels with a minimum of five (5) acres. The site is located northeast of Via Horc~ ~nd north of Camino Gatillo in the Sant~ Ros~ Rancho Area. 3. The site is designated as Iviountainous by the Southwest Area Community Plan (SWAP). 4. Th~ project is ~ubject to C~tegor7 IV land use lx~licies. The sile is currently vacant. Current land u~S includ~ vacant parcels, groves, and sin§lc famUy residence. 6. The site is z~ed R-A-20. Surrounding z~ning includes R-A-20, R-A-10, and R-A-5. Ou~anding scenic vistas and visual feature, such as thc ridgellnc west of Intcr~at¢ 15, shall be preserved and protected. The project is within a 1/2 mile of the Western Ridgeline. Based on ihe Ridgeline policies all projects within a 1/2 mile of the western ridgeline sh~11 be evaluatad on ~ case by ca~: b~i., to dcm'm~©/f the building s/t~ will have an adverso impact to the ridgeline as viewed from t~e tinsin. Based on the information pro~ed by the a~licant nine of the eleven proposed pad sites will have homea vi~le in profile from the Temecula Baiin. 10. The current project has not receiv~ clearance fzom the Fi~ Department. 11. Environmental concerns includcd: Fkcs Services, schooh, slope, erosion/hazardous ~e area, Moun[ Palomar, a~ricullure, wildlife, vegetation, scenic resources, and · rch~,eological l~r, ources. 12. The project's visual impact is currently unmitigated. ~RO~ RIU CN~V PLANNING DEPT, B2,27,1591 16:57 N0,16 P, 4 CHANGE OF ZONE NO. ~,i$ TENTATIVE TRACT MAP NO. 259~0 AMENDED NO. 1 Staff Report CONCLUSIONS: The proposed project is not consistent with the Southwest Area Community Plan and the Comprehensive General Plan. 2. The proposed project is not consistent with Ordinance The propo.~l proj~t's visual impact is currently unmitigated. ~ALYSIS~ Project DescriptiOn_ Chante of Zone No. 5748 and Tenative Tract Map No. 25980. Amended No. i are concurrent requests to change the zoninff on approximately 71.~tg ~cres from R-A-20 to R-A-5 and subdivide the same acr~ge into eleven residential parcels with a minimum of five (5) acres. The stte is located nonhca~: of via Horca anti nonce of Camino Oati]lo in the Santa Rosa Rancho zoning area. Plan Consistency are~ Compatibility The S~)uthwest Area Community Plan (SWAP) d=signation f~ the project :itc i~ Mountainous - 10 acres. Five (5) acre parcels are lxrmitted in the Santa Rosa De Luz area tr they are able to provide a minimum of 10,000 square foot pad and m~. other grading criteria. The site is located within 1/2 mile of the Western Ridgeline as identified by SWAP. Under SWAP all projects within ~ 1/2 mile of the Western Ridgellne shall also be evaluated on ~ case by ba3i~ to determine if the building si~ will have an adver~ impact to the ridgeline ~s vlewod from the Temecula Basin. Under SWAP'S C~¢neral Design con$idcation$ "Outstanding scmlc vistas and visual features such as ridgeline w~st of Interstate 1:5, shall be preserved and protected'. Southwest Area Community Plan 01~n Space policies ~iountainous - No. 14) state '... building sites shall not be permitted on the western ridgeline as identified on the land use allocation map." P.-'o.~-'ts proposed within tha area of the we.stern rldgollne must be evaluat. ext on a case by case basis to ensur~ that building pad $ite~ am located so that buildings and roof tops do n~ project above il~e ridgeline as viewed from the Temecula Basin (see Exhtbk B). The information supplied by tile applicant (,photos. partial line of sight profile) and the prominent location of the site indicates that approximately 9 of the 11 pad sites will have houses visible Ln profile from the Tcmccula Basin. Based on the above Staff finds the project as deslgnatcxt to be inconsistent with SWAP's Western Ridgeline policies. ~ROM RIU C~l~ ~L~NNI~G OEPI. 02.27,1991 16:58 N0,16 P. 5 CHANGE OF ZONE NO. $748 TENTATIVE TRACT MAP NO. 25980 AMENDED NO. 1 Staff Report :Page 4 The proJec~ $it~ is vacant. Surroundin§ land uses ar~ vac.~nt pazcels, grove~, and single residential. The site is currently zoned R-A-20. Surrounding zoning includes R-A-20, R-A-10, and R-A-5. Ordinance Cons~stgncy County Fire Delmrtment recommends denial of Tentative Tract Map No. 25950, Amcndcxt No. 1 per Ordinance 460 section 3.2 (I) (See fire letter). Santa P.o~a Community Service Distri~ indic~ted that the some driveway locations ~hown do not providc adcquatc Sight distance. Environmental A$sessmen~ The initial study for ~.,wlronrnent~l Assessment No. 34917 was completed for the project. The environmental ~sessrnent identified t~e following ~ of concern: r, chools, slope~, erosion, agriculture, h~rdou$ f'u-c arc~, Mount Palomar Wildlife and vegetation, Archaeologic~l Resource~ and Scenic Resources. The environmental assessment concerns have been nddressed as follows: Schools: Impa~ts to the sehooI system serving the area will be nfitigated through the payment of gain mandated fees. Slopes and Erosion: Slope Stability Report No. 269 v~ prepared for the stt~ to address thcsc coneeros: specific recommendations are found in the County Engineering Geologist letter dated 1uly 24, 1990. Hazardous lrlre firca: Ordinance No. 460 requirements for the maximum length of a cul-de- sac in a Hazardous Fire Area have not bccn met. See Fire Departmcnt'letter dated December 20, 1990 Mount IMlon'mr: The alto ia within 45 mil~ of Mr. Palomar Observatory. Mitigation will be through requircdconformarice with Or{linance NO. 655. Agriculture: The site is designated unique farmland by the Comprehensive General Plan. The site is vacant and does not have any existing Stoves on site. No mitigation is required. FRO~ R1V ONlY PL~NNINB DEPI, 02,27,199] 16:$8 NO,]6 P, 6 CHANGE OF ZONE NO. $?48 TENTATIVE T~ACT MAP NO. ~980 A.MFNDED NO. 1 Staff Report Wildlife and Vegetation: Biological Survey No. 703 wa~ prepare~ for the site. Specific recommendations and mitigation ~re includcfl in the conditions of Archaeological Resources: Arclmeological Survey No. I623 was eonduct~l for the site and no cultural resources constraints exist and no archaeological resources were found. Scenic Resources: The proposed ~entative map will result in creation of building p~ds along the ridgeline. This impact is currently unmitigated ~ the project ~s designed. 2/22/91 FROR RIU CNl~ PL~NNIN~ D£PI, ~2,27,1991 16~35 NO,16 P, 7 liLY VAC. GROVES GROVES TEMECULA ' GROVES CZ 5748/TR 2598'0 , ~oo,,,o..,, LAND USE .....' [Ex.1 ""-" ~' 13. 14T'SS" R.3W{ ~..pg,940-090, 140 ~Z~ea' SAN'~A ROSA RANCHO[~,,. 1st .'"'~" '~/~. I~ ,,~,,~,I,,~ ~ ~-C. I{IVEIISt§~ d~OiIHTY Im£Afftdltd~ ~EPARTIIEtIT wO~C~LE , ~ P~OK RIU CHT'2 PL~HHIHG OEPT, 82,27,1991 16:59 H0,16 P, 8 TY .... · ~. ...; R.- -20 ........ " " ~.~i~i;::;~.~.i ~R -? ~ 2 0 · =. i.:'.. =_~,.,..'.,,,; -R-A-10 ~' . A-$ R-A CZ 5748/TR 25980 PROPOSED ZONING I Ex. 2 ,3. ~-' :--'-',.:.,-' "-',-~ ak..~g..9_4.q:qsp, .L4o /~~ Isu~: z~r~..,~.ANTA ROSA RANCHO t oi~t 1st N~[ .......... 1": 8CX:)' RIVERSIDE COUNTY PLANNIHO DEPAFIl'I, IEtIT FRO~ RIU CN?V PLANNING OEPT, $p lS0 '~=~" 13. 14/'00', !'t.~V~'; Bk.-Pg, 940-090, 140 [o;Z' S~NTA ROSA RANCHO Bros. E~ 1 Drawn J Orawn By: 1"= 2000' RIVERSIDE COUNTY PLANNING DEPARTMENT NO 6CALE LOCATION MAP ./ // / Ronald J. Parks May~ Patricia H. Birds~11 Mayor I~o Tern Karel F. Undernan$ Peg Moore J. Sal Muf~oz Councilmember David E Dixon Oty Manag~ 1714) 694-1989 FAX 1714) 694--1999 City of Temecula 43172 Business Park Drive .Temecula, California 92390 March 1. 1991 Ms. Laurie Dobson, Senior Planner Riverside County Planning Department 4080 Lemon Street, 9th Floor Riverside, CA 92501 SUBJECT: Change of Zone No. 5748; and Tentative Tract Map No. 25980, Amended No. 1 Dear Ms. Dobson: This letter is in response to the Staff Report received from your office on February 27, 1991, regardin9 Change of Zone No. 5748 and Tentative Tract Map No. 25980, Amended No. 1. The City of Temecula Planning Department Staff has the followin9 concerns relative to the proposal: Inconsistency with the Southwest Area Community Plan I SWAP) hillside and open space policies. 2. Potential aesthetic impacts. 3. Potential inconsistency with the City's future General Plan· Potential inconsistency with the City's future Western Ridgeline Policies. The City Council would appreciate the opportunity to submit a formal written response regarding the project, as well as the City's Western Ridgeline Policies. However, the next available City Council meeting is scheduled for March 12, 1991. It has been noted that Change of Zone No. 5748 and Tentative Tract Map No. 25980, Amended No. 1 are scheduled for the Riverside County Planning Commission Public Hearing of March 6, 1991. Therefore, the City of Temecula recommends that the project be continued to a public hearing date after March 12, 1991, in order to allow the City the opportunity to formally respond to the project. Ms. Laurie Dobson March 1, 1991 Pa9e 2 Should you have any questions regarding this matter, please do not hesitate to contact me directly at {71L~) 69q-6~00. Respectfully submitted, CITY OF TEMECULA G-/ary Thornhill Planning Director GT:ks CC: Riverside County Planning Commissioners Ralph L. Williams, Riverside County Planning Department David F. Dixon, City Manager, City of Temecula ITEM NO. 21 APPROVAL CITY ATTORNEY FINANCE OFFICER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council City Clerk April 9, 1991 Zone Change No. 5748; and Tentative Tract Map No. 25980 RECOMMENDATION: Direct staff to forward a recommendation of denial to the County of Riverside Planning Department relative to Change of Zone No. 5748 and Tentative Tract Map No. 25980. BACKGROUND: At the request of Markham and Associates, Mayor Parks asked that this matter be placed on the Council's agenda for reconsideration. Planning staff has prepared a memorandum which is attached to this report. Attachment: Memorandum - Change of Zone No. 5748; and Tentative Tract Map No. 25980 jsg FROM: DATE: SUBJECT: MEMORANDUM City Council Planning Department~ April 9, 1991 Change of Zone No. 5748; and Tentative Tract Map No. 25980 At the request of Markham & Associates, Change of Zone No. 5748 and Tentative Tract Map No. 25980 have been placed on the agenda for reconsideration by the City Council. On March 12, 1991, the City Council directed Staff to notify the County of Riverside Planning Department that the City Council supports the County's recommendation for denial, which is based on the following: The proposed project is not consistent with the Southwest Area Community Plan and the Comprehensive General Plan. 2. The proposed project is not consistent with Ordinance No. 460. 3. The proposed project's visual impact is currently unmitigated. The Planning Staff has the following concerns regarding development on the Western Ridgeline: 1. Potential aesthetic impacts as viewed from the City of Temecula basin. Potential inconsistency with the City's future General Plan, if said plan includes Western Ridgeline Policies. R ECOMMENDAT ION: Based on the fact that the above mentioned proposal that is currently under review by the County of Riverside is not consistent with SWAP; due to the fact that the City of Temecula does not have an adopted General Plan; and since the City utilizes the Southwest Area Community Plan as a guideline document only, Staff recommends that the City Council: DIRECT Staff to forward a recommendation of denial to the County of Riverside Planning Department relative to Change of Zone No. 5748 and Tentative Tract Map No, 25980. OM:ks PLANN I NG\25980. TM\ks ITEM NO. 22 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER~'~'~._ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council Mark J. "'<{~he~duszko, Assistant City Manager April 9, 1991 Implementation of In-House Street Repair Program ISSUE: Should the City Council approve the appropriation of funds from the Gas Tax Fund Balance to establish an in-house "Cannonball Express" Street Repair Program? RECOMMENDAT/ON: It is recommended that the City Council take the following action: 1) Approve the implementation of an in-house street repair program; 2) Approve attached Resolution 91 -, entitled "A Resolution of the City Council of the City of Temecula appropriating $31,100 of Gas Tax Funds for Development of Street Repair Program;" 3) Approve attached Resolution 91 -, entitled "A Resolution of the City Council of the City of Temecula Ratifying City Manager's Authority Under Municipal Ordinance Section 3.12.290 To Make Emergency Purchase of Street Repair Equipment;" 4) Approve attached Resolution 91 - , entitled "A Resolution of the City Council of the City of Temecula Amending List of Position Titles and Salaries to Add Two Maintenance Worker Positions to the Number of Positions Allocated for Fiscal Year 1990-91." DISCUSSION: At the City Council meeting of March 26, 1991, staff advised Council of an enhanced street maintenance program involving current resources (County of Riverside) and a street inspection program (provided by Willdan and Associates) that would be utilized to better respond to basic street repair requirements within the City of Temecula. Since that time, a Councilmember has asked that Street Maintenance Repair Agenda Report Page 2 an intensified, in-house program be developed. Continued inclement weather has increased the already substantial repair needs of local streets. An immediate, extensive effort to repair street damage is justified and urgently necessary. A program that has been utilized successfully in other newly incorporated cities (including Moreno Valley) has been referred to as the "Cannonball Express." Such a program includes two maintenance workers a'ssigned to a one ton dump truck, who travel from pothole to pothole with hot asphalt mix and various hand tools, and make necessary repairs. This program can provide high impact, quick repairs to existing street damage until a comprehensive street maintenance plan can be developed, and subsequent comprehensive street paving and repairs can be provided. A "Cannonball Express" program can be implemented within six weeks (the minimum time required to recruit, select, and employ two Maintenance Workers) if emergency action is taken in accordance with Section 3.12.290 of the Municipal Code. Under this section, emergency purchasing procedures can be utilized if "...an emergency is deemed to exist and it is determined that service involving the public health, safety, or welfare would be interrupted if the normal procedure were followed." The startup costs of implementing this program amount to $31,100 which include monies for a one ton diesel dump truck, vibratory compactor, emergency lights, signage, reverse alarm, tool box, and miscellaneous tools. Annual total compensation costs for two Maintenance Workers amount to approximately $63,245 (or $5,270 for the remaining portion of this fiscal year). Personnel and material costs are already provided for in the current budget and will be offset by savings in requests for County service. If Council approves the implementation of this Street Repair Program, County services will continue to be utilized until the equipment can be purchased, and the Maintenance Workers are selected. As previously reported, staff will issue a Request for Proposal for backup street repair services that exceed or are beyond the scope of this program, and for street striping services. FISCAl. IMPACT: Appropriate $31,100 from Gas Tax funds to the appropriate Material/Supplies and Capital Outlay accounts in the Road Department to provide for startup costs. A TTA CHMENT$: 1) Resolution appropriating gas tax funds to Road Department for Street Repair Program 2) Resolution authorizing emergency purchase of equipment 3) Resolution adding two Maintenance Worker positions 4) Section 3.12.290 of Temecula Municipal Code A:\mjo\wp\strtrpr.doc RESOLIYYION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROPRIATING $31,100 OF GAS TAX FUNDS FOR DEVELOPMENT OF STREET REPAIR PROGRAM AS DETAILED IN ATTACHMENT A The City Council of the City of Temecula does resolve, determine and order as follows: SECTION 1. That the FY 1990-91 Annual Budget of the City of Temecula is hereby amended as detailed in Attachment A. SECTION 2. That the FY 1990-91 Annual Budget is hereby amended to appropriate the sum of $27,000 for vehicles. SECTION 3. That the FY 1990-91 Annual Budget is hereby amended to appropriate the sum of $3,600 for equipment. SECTION 4. That the FY 1990-91 Annual Budget is hereby amended to appropriate $500 for small tools and equipment. SECTION 5. The City Clerk shall certify the adoption of this Resolution. APPROVED, PASSED AND ADOPTED, this 9th day of April, 1991. Ronald J. Parks, Mayor ATTEST: June S. Greek, City Clerk [SEAL] 4\Rea~ 160 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 91- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 9th day of April, 1991 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 4\Re~o~ 160 ATTACHMENT A BUDGET APPROPRIATIONS INCREASE APPROPRIATIONS: 001-165-999-44-5608 001-165-999-44-5610 001-165-999-42-5242 Vehicles Equipment Small Tools and Equipment TOTAL Roads Roads Roads $27,000 3,600 500 $31,100 4\Reso~ 160 RESOLUTION NO. 91- CITY OF MANAGER'S ORDINANCE EMERGENCY EQUIPMENT A RESOLUTION OF THE CITY COUNCIL OF THE TEMECULA RATIFYING CITY AUTHORITY UNDER MUNICIPAL SECTION 3.12.290 TO MAKE PURCHASE OF STREET REPAIR WHEREAS, Section 3.12.290 of the City's Municipal Code authorizes the City Manager to waive normal purchasing procedures and purchase materials, supplies, equipment and services where an emergency is deemed to exist and it is determined that service involving the public health, safety or welfare would be interrupted if the normal procedure were followed; and WHEREAS, it is determined that the emergency establishment of a street repair program is required to preserve the public health, safety, or welfare; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Temecula as follows: SECTION 1. That normal purchasing procedures are hereby waived and the City Manager is authorized to expend $31,100 for emergency purchase of road repair equipment, tools, and supplies as necessary to immediately implement a rapid response, street repair program. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. APPROVED, PASSED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 9th day of April, 1991. Ronald J. Parks, Mayor June S. Greek, City Clerk [SEAL] 3 \R~o~ 158 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 91- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 9th day of April, 1991 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: C OUNCILMEMBERS: 3 \Re,os 158 RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING LIST OF POSITION TITLES AND SALARIES TO ADD TWO MAINTENANCE WORKER POSITIONS TO THE NUMBER OF POSITIONS ALLOCATED FOR FISCAL YEAR 1990-91 WHEREAS, pursuant to the authority under Chapter 2.08.060 of the City's Municipal Code, the City Manager has the authority to hire, set salaries, and adopt personnel policies; and, WHEREAS, the City Council is interested in establishing an in-house street repair program: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Temecula as follows: SECTION 1. The attached list of Position Titles and Salaries (Exhibit A) is hereby adopted pursuant to Section 45001 of the California Government Code. Such list is attached to this Resolution and incorporated herein by this reference. SECTION 2. The list of Position Tiles and Salaries shall become effective immediately and may be thereafter amended. SECTION 3. The City Manager shall implement the above list of Positions Titles and Salaries and has the authority to select and appoint employees in accordance with the City's personnel policies. SECTION 4. All prior resolutions and parts of resolutions in conflict with this Resolution are hereby rescinded. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. 3\Reaos 158 APPROVED, PASSED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 9th day of April, 1991. ATTEST: Ronald J. Parks, Mayor June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 91- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 9th day of April, 1991 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 3\R~158 # of Positions Exempt/ Non-exempt 2 NE 1 NE 1 NE 1 E 7 NE 1 E 1 NE 1 E 2 NE 3 NE 1 E 1 E 1 E 1 E 1 E 1 NE 5 E 0 E 1 E 1 E 1 E 1 E 1 E 1 E 4 NE 1 E 1 NE 1 E 12 NE 2 NE 2 NE 1 E 0 E 3 NE 1 E 2 NE 1 NE 2 E 70 Attachment I - Exhibit A CITY OF TEMECULA Authorized Positions. Titles and Salary Ranges Title Minimum Maximum Account Clerk Accountant Account Technician Administrative Assistant Administrative Secretary Asst. City Mgr./Dir. Admin. Services Assistant Planner Assistant to the City Manager Associate Planner Building Inspector Chief Accountant Chief Building Official City Clerk City Engineer/Dir. Public Works City Manager Code Enforcement Officer Councilmembers Deputy City Clerk Director of Community Services Director of Planning Executive Secretary Finance Officer Information Systems Manager Maintenance Supervisor Maintenance Worker Management Analyst Minute Clerk Network Administrator Office Assistant Planning/Building Technician Recreation Leader Recreation Superintendent Recreation Supervisor Secretary Senior Accountant Senior Building Inspector Senior Maintenance Worker Senior Planner $1,600 $2,498 $1,993 $2,105 $1,702 $5,763 $2,464 $2,807 $2,885 $2,431 $3,377 $5,236 $4,148 $5,763 $2,193 $ 300 $2,414 $5,236 $5,236 $2,285 $5,236 $4 148 $3 331 $1 667 $2 498 $1 454 $2 498 $1,303 $2 193 $1.424 $3.331 $2.533 $1.454 $2.788 $2.675 $1.926 $3424 $1,993 $3,111 $2,481 $2,621 $2,120 $7,176 $3,068 $3,495 $3,592 $3,027 $4,205 $6,519 $5,165 $7,176 $2,731 $ 300 $3,006 $6,519 $6,519 $2 846 $6,519 $5 165 $4 148 $2 076 $3,111 $1,811 $3,111 $1,624 $2,731 $1,774 $4,148 $3,154 $1,811 $3,471 $3 331 $2 398 $4 236 Revised 4/09/91 sff/ORDl1001(010390-7) 3.12.230 Tie formal bids. If two or more formal bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, the City Council may in its discretion accept the one it chooses or accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid opening or award of contract. 3.12.240 No formal bids. When no formal bids or no responsive bids are received, the purchasing officer is authorized to negotiate for written proposals, and his or her recommendation shall be presented to the City Manager and the award, if any, shall be made in accordance with applicable provisions prescribed herein. 3.12.250 Open market or informal bid procedure. Purchases of supplies and equipment of an estimated value in the amount of Ten Thousand Dollars ($10,000.00) or less may be made by the purchasing agent in the open market pursuant to the procedure prescribed in Sections 3.12.260 through 3.12.280 and without observing the procedure prescribed in Sections 3.12.130 through 3.12.240; provided, however, all bidding may be dispensed with for purchases of supplies and equipment having a total estimated value of less than One Thousand Dollars ($1,000.00). 3.12.260 Minimum number of informal bids. Open market purchases shall, wherever possible, be based on at least three informal bids, and shall be awarded to the bidder offering the most advantageous bid to the City after consideration of price, quality, durability, servicing, delivery time, standardization, and other factors. 3.12.270 Notice invitinq informal bids. The purchasing agent shall solicit informal bids by written requests to prospective vendors, or by telephone, or by public notice posted on a public bulletin board at the City offices. 3.12.280 Record of informal bids. The purchasing agent shall keep a written record of all open market purchases and informal bids for a period of two years. This record, while so kept, shall be open to public inspection. 3.12.290 Exceptions to competitive bidding requirement. Notwithstanding any provision of this chapter to the contrary, the competitive bidding procedures and -51- sff/ORDl1001(010390-7) requirements may be dispensed with in any of the following instances: (a) When the estimated amount involved is less than One Thousand Dollars ($1,000.00); (b) one vendor; When the commodity can be obtained from only (c) The City Manager may authorize the purchase of materials, supplies, equipment and services where an emergency is deemed to exist and it is determined that service involving the public health, safety or welfare would be interrupted if the normal procedure were followed. All emergency purchases which would otherwise require formal bidding procedures made pursuant to this Section shall be submitted to the City Council for ratification at the next regular Council meeting after the purchase is authorized; (d) Contracts for personal services, for professional and consultant services, and for other, non- public projects and contractual services may be executed without observing the bidding procedures provided herein. The City Manager is authorized to enter into such contracts where the amount of the contract does not exceed Ten Thousand Dollars ($10,000.00); provided there exists an unencumbered appropriation in the fund account against which said expense is to be charged. Where the amount of the contract exceeds Ten Thousand Dollars ($10,000.00) the contract shall be approved by the City Council; (e) Any agreement involving acquisition of supplies, equipment or service entered into with another governmental entity. 3.12.300 Regulations re~ardinq selection of contract services. The City Council shall, by resolution, prescribe procedures, rules and regulations governing the solicitation, selection and award of proposals or bids for the furnishing of personal services or professional or consulting services or for other contractual services, the contracts for which may be awarded without observing the bidding procedures provided for in this chapter. Such procedures, rules and regulations shall have as one purpose the obtaining of contractual services of the highest quality together with cost-effectiveness. 3.12.310 SurDlus supplies and equipment. All using departments shall submit to the purchasing agent, at such times and in such forms as he shall prescribe, reports -52- Item No. 23 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council City Manager April 9, 1991 Item 23, Approval of Final Tract Map No. 24134-1 PREPARED B~ City Clerk June S. Greek RECOMMENDA T/ON: conditions of approval. Approve final Tract Map No. 24134-1 subject to the BACKGROUND: The staff will finalize the staff report on this item and forward it to you under separate cover. JSG Item No. 24 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council City Manager April 9, 1991 Item 24, Approval of Final Tract Map No. 24134-2 PREPARED B~ City Clerk June S. Greek RECOMMENDA T/ON: conditions of approval. Approve final Tract Map No. 24134-2 subject to the BACKGROUND: The staff will finalize the forward it to you under separate cover. staff report on this item and JSG Item No. 25 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJEC~ CITY OF TEMECULA AGENDA REPORT City Council City Manager April 9, 1991 Item 25, Approval of Final Tract Map No. 24134-3 PREPARED BY: City Clerk June S. Greek RECOMMENDA T/ON: conditions of approval. Approve final Tract Map No. BACKGROUND: The staff will finalize the staff forward it to you under separate cover. JSG 24134-3 subject to the report on this item and CALL TO ORDER: ROLL CALL: PRESENTATIONS/ PROCLAMATIONS PUBLIC COMMENTS CSD BUSINESS 1. AGENDA TEMECULA COMMUNITY SERVICES DISTRICT A REGULAR MEETING APRIL 9, 1991 President J. Sal Mu~oz Birdsall, Lindemarts, Moore, Parks, Mui~oz Minutes RECOMMENDATION: 1.1 Approve the minutes of March 26, 1990, as mailed. AcceJ~tance of Easement Deeds for SloJ~e Maintenance and Grant Deed for Park Dedication RECOMMENDATION: 2.1 Accept easement deeds for slope maintenance services. 2.2 Accept grant deed for two mini parks from the Villages Community Association No. Two. Statement of Revenues, Exoenditures and Chanqes in Fund Balance for Month Ended January 31, 1991. RECOMMENDATION: 3.1 Receive and file the Balance Sheet as of January 31, 1991 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Seven Months Ended January 31, 1991. 3.2 Adopt a Resolution entitled: CSD RESOLUTION NO. 91- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AMENDING THE FISCAL YEAR 1990-91 CSD BUDGET TO APPROPRIATE $20,000 FOR CONSUL TING SERVICES. 2/csd agenda/040991 1 COMMUNITY SERVICES DIRECTOR REPORT BOARD OF D/RECTORS REPORTS ADJOURNMENT Next meeting: April 23, 1991, 8:00 PM, Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, California 2/csd agenda/O40991 2 ITEM NO. 1 APPROVAL CITY ATTORNEY FINANCE OFFICER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT BOARD OF DIRECTORS DAVID F. DIXON APRIL 9, 1991 ACCEPTANCE OF EASEMENT DEEDS FOR SLOPE MAINTENANCE AND GRANT DEED FOR PARK DEDICATION PREPARED BY: SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR RECOMMENDATION: That the Board of Directors: Accept easement deeds for slope maintenance services and grant deed for two (2) mini parks to the TCSD. FISCAL IMPACT: Cost to maintain these slopes and parks is $10,383.00 per month. Unencumbered funds exist in account//019-191-999-42-5510 (Zone A). DISCUSSION: The enclosed easement deeds have been reviewed by staff to ensure that legal and landscaping requirements have been completely satisfied. These slope areas have been inspected by our Maintenance Superintendent, Tad Garrety, and are acceptable to our standards. The mini parks were approved by CSA 143, and therefore should be accepted by the TCSD. Both parks total approximately 0.75 acre. The following tracts are being recommended for acceptance: 1. Tract #20735 - Villages. 2. Tract #21082 - Village Grove. 3. Tract #21672 - Village Grove Encore. 4. Tract #21673 - Villa Avanti. 5. Tract #21674 - Village Grove Encore. 6. Tract #21675 - Villa Avanti. I have also enclosed the easement deeds and grant deed for your review. SCALE: !"'~ EXHIBIT "b" CITY. OF TEMECULA ~~11 ,E/'/E'E7' / ~F / ,_,c//E'E'7' COMMUNITY. SERVICE DISTRICT .~_~[~ 9~.obert LANDSCAPE MAINTENANCE EASEMENT--~~---f~ TRACT NO. 21675-6 Robert Bein, William Frost and Associates CSD Landscape Maintenance Easement Tract No. 21675-6 October 18, 1990 JN 23923-M13 Page 2 of 3 thence along said parallel line South 35'40'00" East 90.63 feet to the northwesterly line of said Lot "F"; thence South 8'50'18" West 40.66 feet to a point on a non-tangent curve concave southeasterly and having a radius of 3038.00 feet, said curve being concentric with and 6.00 feet southeasterly from the northwesterly line of said Lot "A" of Tract No. 21675-5, a radial line of said curve from said point bears South 36'39'25" East; thence along a line parallel and/or concentric with said northwesterly line through the following courses: along said curve southwesterly 193.35 feet through a central angle of 3'38'47"; thence tangent from said curve South 49'41'48" West 123.95 feet to the southeasterly prolongation of said southwesterly line of Lot 42; thence leaving said parallel and/or concentric line, along said prolongation North 40'18'12" West 6.00 feet to the POINT OF BEGINNING. CONTAINING: 0.32 Acres, more or less. PARCEL 2 That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lots 1 through 17 and "A" of Tract No. 21675-6 as shown on a map thereof filed in Book 221, Pages 38 through 42 of Maps, together with those portions of Lots 1, "A" and "F" of Tract No. 21675-5 as shown on a map thereof filed in Book 207, Pages 55 through 62 of Maps, both in the Office of the County Recorder of said Riverside County, described as follows: COI~ENCING at the most easterly corner of said Lot 17; thence along the southeasterly prolongation of the northeasterly line of said lot South 30'58'13" East 6.00 feet to the TRUE POINT OF BEGINNING; thence along a line parallel and/or concentric with and 6.00 feet southeasterly from the northwesterly line of said Lot "A" of Tract No. 21675-5 through the following courses: South 59'01'47" West 860.84 feet to the beginning of a tangent curve concave southeasterly and having a radius of 3038.00 feet; thence along said curve southwesterly 196.52 feet through a central angle of 3'42'23"; Robert Betn, William Frost and Associates CSD - Landscape Maintenance Easement Tract No. 21675-6 October 18, 1990 JN 23923-N13 Page,3 of 3 thence leaving said parallel and/or concentric line, non-tangent from said curve North 80'10'18" West 40.66 feet to a line parallel with and 6.00 feet southwesterly from the southwesterly line of said Lot 1; thence along said parallel line North 35'40'00" West 90.63 feet; thence North 9'20'00" East 19.24 feet; thence South 80'40'00" East 4.24 feet to the westerly line of said Lot 1; thence South 35'40'00" East 91.64 feet to the beginning of a tangent curve concave northerly and having a radius of 20.00 feet; thence along said curve easterly 25.94 feet through a central angle of 74'18'10"; thence tapgent from said curve North 70'01'50" East 33.80 feet; thence North 57'30'22" East 162.15 feet; thence North 59'01'47" East 860.84 feet to said northeasterly line of Lot 17; thence continuing North 59'01'47" East 83.49 feet; thence North 18'26'26" East 27.67 feet; thence North 59'01'47" East 5.00 feet to an angle point in the easterly line of said Lot 1; thence continuing North 59'01'47" East 5.00 feet; thence South 14'01'47" West 41.01 feet to a line parallel with and 6.00 feet southeasterly from the southeasterly line of Lot 1 thence along said parallel line South 59'01'47" West 85.50 feet to the TRUE POINT OF BEGINNING. CONTAINING: 0.34 Acres, more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT 'B' attached and by this reference made a part hereof. _, , Lawrence L. Bacon, L.S. 3527 ~ O~ CAL~O~// Recorded at request of and return to: City Clerk Department City of Temecula 43172 Business Park Drive Temecula, California 92390 ~REE RECORDING I'his instrument is for the benefit of the County of Riverside and is entitled to be recorded without fee (Govt. Code 6103). Parcel: In Tracts 21675-5 and 21675-6 Project: THE VILLA AVANTI ASSOCIATION IRREVOCABLE OFFER TO DEDICATE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MESA HOMES, a California corporation, (~Orantee~), hereby irrevocably offer to dedicate t the Temecula Community Service District ('Grantee'), together with the right to further grant or transfer the same to other> a perpetual easement and fight-of-way for maintaining, operating, altering, repairing, and replacing equipment and landscaping over and with~ the boundaries of that certain real property located in the City of Temecula, County of Riverside, more particularly described in Exhibit "A attached hereto, which is incorporated herein by this reference (the 'Easement Aream). If GRANTEE, or its governmental entity, successors, or assigns, determines it is unable, incapable, or unwilling to maintain said Easemet Area, maintenance shall, after notice, become the responsibility of GRANTOR, with all covenants and agreements of this easement extendin to and becoming obligations of all heirs, executors, administrators, successors and assigns of the GRANTOR. By: Geo~ C.:Geal, Vice President April 3, 1991 DATED GRANTOR STATE OF CALIFORNIA CITY OF TEMECULA ON Apr i 1 3, 19 9 1 before me, the undersigned, a Notary Public in and for said State, personally appeared G e o r g e C. G e a 1, MESA HOMES, a California corporation, known to me Vice President of to be the person whose name i S subscribed to the within instrument and acknowledged that executed the same. tD~,~r 12. 1994 Notary Public CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within Irrevocable Offer To Dedicate to the Temeeula Community Service District. political corporation and/or governmental agency, is hereby accepted by order of the Board of Directors on the date below and the Grantee consents to tl: recordation thereof by its duly authorized officer. Date ROBERT BEIN, WILLIAM FROST AND ASSOCIATES 28765 Single Oak Drive, Suite 250 Temecula, California 92390 CSD LEGAL DESCRIPTION LANDSCAPE MAINTENANCE EASEMENT TRACT NO. 21675-6 October 18, 1990 JN 23923-M13 Page 1 of 3 PARCEL 1 That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lots 42 through 45 and "A" of Tract No. 21675-6 as shown on a map thereof filed in Book 221, Pages 38 through 42 of Maps, together with those portions of Lots "A" and "F" of Tract No. 21675~5 as shown on a map thereof filed in Book 207, Pages 55 through 62 of Maps, both in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at the most southerly corner of said Lot 42; thence along the southwesterly line of said lot North 40'18'12" West 61.59 feet to the point of cusp with a tangent curve concave northerly and having a radius of 20.00 feet; thence along said curve easterly 29.56 feet through a central angle of 84'41'33"; thence tangent from said curve North 55'00'15" East 127.89 feet to the easterly line of said Lot 42; thence continuing North 55'00'15" East 120.01 feet to the easterly line of said Lot 44; thence continuing North 55'00'15" East 41.27 feet to the beginning of a tangent curve concave westerly and having a radius of 20.00 feet; thence along said curve northerly 30.50 feet through a central angle of 87'22'04"; thence tangent from said curve North 32'21'48" West 85.44 feet to the northerly line of said Lot 45; thence North 9'20'00" East 4.24 feet; thence South 80°40'00" East 19.24 feet to a line parallel with and 6.00 feet northeasterly from the northeasterly line of said Lot 45; Recorded at request of and return to: City Clerk Department City of Temecula 43172 Business Park Drive Temecula, California 92390 REE RECORDING This instrument is for the benefit of the County of Riverside and is entitled to be recorded without fee (Govt. Code 6103). Parcel: In Tract 21675-5 Project: THE VILLA AVANTI ASSOCIATION IRREVOCABLE OFFER TO DEDICATE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE VILLA AVANTI ASSOCIATION, a California non-profit mutual benefit c o r p o r a t i o n, ('Grantee"), hereby irrevocably offer to dedicate to the Temecula Community Service District ("Grantee"), together with the right to further grant or transfer the same to others, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing equipment and landscaping over and within the boundaries of that certain real property located in the City of Temecula, County of Riverside, more particularly described in Exhibit attached hereto, which is incorporated herein by this reference (the "Easement Atea~). If GRANTEE, or its governmental entity, successors, or assigns, determines it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of Gi~TOR, with all covenants and agreements of this easement extending to and beconfing obligations of all heirs, executors, administrators, successors and assigns of the GR,aaNTOR. THE VILLA AVANTI ASSOCIATION, a California non-profit mutual ~enefit corporation. I4ayn~C,~I. Mat;~uda, .President 'C'arol~n "~. ~'g~w, Secretary GRANTOR April 3, 1991 DATED STATE OF CALIFORNIA ) : CITY OF TEMECULA ) ON Apr i 1 3, 19 9 1, before me, the undersigned, a Notary Public in and for said State, personally appeared Wayne M. Matsuda and Carolyn S. Agnew, President and Secretary, respectively, of THE VILLA AVANTI ASSOCIATION, a California non-profit mutual benefit corporation, known to me to be the person m whose name s n r e subscribed to the within instrument and acknowledged that executed the same. ,W~~~ESS my, hand .and official seal. Notary Public CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within Irrevocable Offer To Dedicate to the Temecula Community Service District, a political corporation and/or governmental agency, is hereby accepted by order of the Board of Directors on the date below and the Grantee consents to the '.ordation thereof by its duly authorized officer. Date ROBERT BEIN, WILLIAM FROST AND ASSOCIATES 28765 Single Oak Drive, Suite 250 Temecula, California 92390 May 22, 1990 JN 23923-M9 Page 1 of 2 LEGAL DESCRIPTION CSD - LANDSCAPE MAINTENANCE EASEMENT TRACT NO. 21675-5 That certain parcel of land situated in the city of Temecula, County of Riverside, State of California, being those portions of Lot 1 and Lots "A" and "B" of Tract No. 21675-5 as shown on a map thereof filed in Book 207, Pages 55 through 62 of Maps in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at the most southerly corner of said Lot 1; thence along the southwesterly North 30'58'13" West 5.00 feet; line of said lot thence parallel with the southeasterly North 59'01'47" East 83.49 feet; line of said lot thence North 18'26'26" East 27.67 feet; thence North 59'01'47" East 5.00 feet to an angle point in the easterly line of said Lot 1; thence continuing North 59'01'47" East 5.00 feet; thence South 14'01'47" West 41.01 feet to a line parallel with and 6.00 feet southeasterly from said southeasterly line of Lot 1; thence along said parallel line South 59'01'47" West 85.50 feet to the southeasterly prolongation of said southwesterly line of Lot 1; Robert Bein, William Frost and Associates CSD - Landscape Maintenance Easement Tract No. 21675-3 May 22, 1990 JN 23923-M8 Page 2 of 2 PARCEL 2 That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lot 56 and Lots "A" and "B" of Tract No. 21675-3 as shown on a map thereof filed in Book 202, Pages 69 through 74 of Maps in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at the most easterly corner of said Lot 56; thence along the southeasterly prolongation of the northeasterly line of said lot South 40'18'12" East 6.00 feet to a line parallel with and 6.00 feet southeasterly from the southeasterly line of said lot; thence along said parallel line South 49'41'48" West 136.00 feet; thence North 85'18'12" West 41.01 feet; thence North 49°41'48" East 5.00 feet to the westerly terminus of that certain course shown as "North 86'31'20" West 33.24 feet" in the southerly line of said lot; thence along said course South 86'31'20" East 26.02 feet to a line parallel with and 5.00 feet northwesterly from said southeasterly line of Lot 56; thence along said parallel line North 49'41'48" East 107.22 feet; thence North 9'18'14" West 66.02 feet to said northeasterly line of Lot 56; thence along said northeasterly line South 40'18'12" East 61.59 feet to the POINT OF BEGINNING. CONTAININGI 0.06 Acres, more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attach~ a.d-~ L.S. 3S27 ~. EXP, 6*30.92 this reference made a part hereof. Lawrence L. Bacon, L.S. 3527 41 4~ ZI RdNCHO 48 4~ 51 VISTA ROAD EXHIBIT "B" COMMUNITY SERVICES DISTRICT LANDSCAPE MAINTENANCE EASEMENT TRACT Ns 21675-3 Recorded at request of and return to: City Clerk Department City of Temecula 43172 Business Park Drive Temecula, California 92390 ..REE RECORDING This instrument is for the benefit of the County of giverside and is entitled to be recorded without fee (Govt. Code 6103). Parcel: In Tract 21675-3 Project: THE VILLA AVANTI ASSOCIATION IRREVOCABLE OFFER TO DEDICATE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE VILLA AVANTI ASSOCIATION, a California non-profit mutual benefit c o r p o r a t i o n, ("Grantee'), hereby irrevocably offer to dedicate to the Temecula Community Service District ('Grantee'), together with the right to further grant or transfer the same to others, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing equipment and landscaping over and within the boundaries of that certain real property located in the City of Temecula, County of Riverside, more particularly described in Exhibit "A" attached hereto, which is incorporated herein by this reference (the "Easement Axea"). If GRANTEE, or its governmental entity, successors, or assigns, deternhnes it is unable, recapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of GR.a3qTOR, with all covenants and agreements of this easement extending to and betonting obligations of all heirs, executors, administrators, successors and assigns of the GRANTOR. THE VILLA AVANTI ASSOCIATION, a California non-profit mutual benefit corpoj~ation. /¥ay.,t~,~ M. Matj~uda, /President CaroIyn g. ~gr~w, Secretary GRANTOR April 3. 1991 DATED STATE OF CALIFORNIA ) : CITY OF TEMECULA ) ON Apr i 1 3, 1 9 9 1, before me, the undersigned, a Notary Public in and for said State, personally appeared Wayne M. Matsuda and Carolyn S. Agnew, President and Secretary, respectively, of THE VILLA AVANTI ASSOCIATION, a California non-profit mutual benefit corporation, known to me to be the person s whose name s mr e subscribed to the within instrument and acknowledged that executed the same. iNESS my hand 0nd official seal. Notary Public CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within Irrevocable Offer To Dedicate to the Temecula Community Service District, a ~olitical corporation and/or governmental agency, is hereby accepted by order of the Board of Directors on the date below and the Grantee consents to the ;ordation thereof by its duly authorized officer. Date ROBERT BEIN, WILLIAM FROST AND ASSOCIATES 28765 Single Oak Drive, Suite 250 Temecula, California 92390 May 22, 1990 JN 23923-M8 Page 1 of 2 LEGAL DESCRIPTION CSD - LANDSCAPE MAINTENANCE EASEMENT TRACT NO. 21675-3 PARCEL I That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lot 1 and Lots "A" and "B" of Tract No. 21675-3 as shown on a map thereof filed in Book 202, Pages 69 through 74 of Maps in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at the most southerly corner of said Lot 1; thence along the southwesterly North 40'18'12" West 10.00 feet; line of said lot thence North 52'05'00" East 103.05 feet to a point on that certain course shown as "North 5°54'56" East 33.24 feet" in the easterly line of said lot distant thereon South 5'54'56" West 24.99 feet from the northerly terminus thereof; thence along said easterly line North 5'54'56" East 24.99 feet to said northerly terminus; thence North 49'41'48" East 5.00 feet; thence South 4'41'48" West 41.01 feet to a line parallel with and 6.00 feet southeasterly from the southeasterly line of said Lot 1; thence along said parallel line South 49'41'48" West 97.00 feet to the southwesterly line of said Lot "A"; thence along said southwesterly line.North 40'18'12" West 6.00 feet to the POINT OF BEGINNINg. CONTAINING: 0.03 Acres, more or less. Robert Bein, William Frost and Associates CSD - Landscape Maintenance Easement Tract No. 21675-2 May 22, 1990 JN 23923-M10 Page 2, of 2 thence along said concentric curve northerly 64.84 feet through a central angle of 13'33'28"; thence non-tangent from said curve North 73'15'00" East 47.00 feet to a point on a non-tangent curve concave northeasterly and having a radius of 240.00 feet, a radial line of said curve from said point bears North 73'15'00" East; .thence along said curve southerly 74.16 feet through a central angle of 17'42'16" to a point of compound curvature with a curve concave northerly and having a radius of 25.00 feet, a radial line of said curves from said point bears North 55'32'44" East; thence along said curve easterly 36.02 feet through a central angle of 82'32'44"; thence tangent from said curve North 63'00'00" East 57.08 feet; thence North 60'30'00" East 131.12 feet; thence North 58'00'00" East 130.50 feet; thence North 55'25'00" East 171.46 feet; thence North 0'35'00" West 47.12 feet to the south corner of Lot 38 of said Tract No. 21675-2; thence North 55'35'00" East 231.47 feet; thence North 53'30'00" East 307.15 feet; thence North 36'15'00" East 43.00 feet to the northeasterly line of said Lot 31; thence along said northeasterly line South 40'18'12" East 10.00 feet to the POINT OF BEGINNING. CONTAINING: 1.01 Acres, more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" atta~chcd aQ,d by this reference made a part hereof. Lawrence L. Bacon, L.S. 3527 , t.S. 352; 16 17 18 I? ZO 21 2Z2324 COMTE MALLORCA LOT "£" -- 15 14 13 12 II I0 ? 4 5 & 7 8 51 37 $ Z I $C~-E ~ ' · 200' EXHIBIT "B" COMMUNITY SERVICES DISTRICT LANDSCAPE MAINTENANCE EASEMENT TRACT No 21675-2 Recorded at request of and return to: City Clerk Department City of Temecula 43172 Business Park Drive Temecula, California 92390 FREE RECORDING This instrument is for the benefit of the County of Riverside and is entitled to be recorded without fee (Govt. Code 6103). Parcel: In Tract 21675-2 Project: THE VILLA AVANTI ASSOCIATION IRREVOCABLE OFFER TO DEDICATE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE VILLA AVANTI ASSOCIATION, a California non-profit mutual benefit c o r p o r a t i o n, ('Grantee'), hereby irrevocably offer to dedicate to the Temecula Community Service District ('Grantee'), together with the right to further grant or transfer the same to others, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing equipment and landscaping over and within the boundaries of that certain real property located in the City of Temecula, County of Riverside, more particularly described in Exhibit "A" attached hereto, which is incorporated herein by this reference (the 'Easement Area"). If GRANTEE, or its governmental entity, successors, or assigns, determines it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assigns of the GRANTOR. THE VILLA AVANTI ASSOCIATION, a California non-profit mutual benefit corpor/e. tion. ~[~y ',;~--~. Ma~sg~a, President By: ~' ~E~-y.~.. .,/. ,~/f~>~.,, Carolyrf S. Agne/w, Secretary GRANTOR April 3. 1991 DATED STATE OF CALIFORNIA ) : CITY OF TEMECULA ) ON Apr i 1 3, 19 91, before me, the undersigned, a Notary Public in and for said State, personaLly appeared Wayne M. Matsuda and Carolyn S. Agnew, President and Secretary, respectively, of THE VILLA AVANTI ASSOCIATION, a California non-profit mutual benefit corporation, known to me to be the person s whose name s n r e subscribed to the within instrument and acknowledged that executed the same. V~!TNESS my hand,and of£~cial seal. Notary Public CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within Irrevocable Offer To Dedicate to the Temecula Community Service District, a political corporation and/or governmental agency, is hereby accepted by order of the Board of Directors on the date below and the Grantee consents to the cordation thereof by its duly authorized officer. Date ROBERT BEIN, WILLIAM FROST AND ASSOCIATES 28765 Single Oak Drive, Suite 250 Temecula, California 92390 May 22, 1990 JN 23923-M10 Page 1 of 2 LEGAL DESCRIPTION CSD - LANDSCAPE MAINTENANCE EASEMENT TRACT NO. 21675-2 That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lots 31 through 37, 41 through 47 and Lot "A" of Tract No. 21675- 2 as shown on a map thereof filed in Book 198, Pages 85 through 90 of Maps together with those portions of Lots "A" and "B" of Tract No. 21675-1 as shown on a map thereof filed in Book 198, Pages 82 through 84 of Maps, both in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at the east corner of said Lot 31; thence along the southeasterly prolongation of the northeasterly line of said lot South 40'18'12" East 6.00 feet to a line parallel with and 6.00 feet southeasterly from the northwesterly line of said Lot "A" of Tract No. 21675-2; thence along said parallel line South 49'41'48" West 800.92 feet to the beginning of a tangent curve concave northwesterly, having a radius of 1562.00 feet and being concentric with and 6.00 feet southeasterly from a curve in said northwesterly line having a radius of 1556.00 feet; thence along said concentric curve southwesterly 359.78 feet through a central angle of 13'11'50"; thence non-tangent from said curve North 71'04'41" West 41.74 feet to a line parallel with and 4.00 feet southwesterly from the southwesterly line of said Lot 47; thence along said parallel line North 25'03'00" West 70.01 feet to the beginning of a tangent curve concave easterly, having a radius of 274.00 feet and being concentric with and 4.00 feet westerly from a curve in the westerly line of said lot having a radius of 270.00 feet; Robert Bein, William Frost and Associates CSD - Landscape Maintenance Easement Tract No. 21675-1 May 21, 1990 JN 2392.3-M7 Page 2 of 2 thence North 12'40'00" West 13.00 feet to the northwesterly terminus of that certain course shown as "North 65'52'31" West 18.58 feet" in the northerly line of said Lot 1; thence North 12'40'00" West 6.00 feet; thence South 61'14'48" East 25.14 feet to a point on a non-tangent curve concave easterly, having a radius of 326.00 feet and being concentric with and 4.00 feet easterly from a curve in the easterly line of said Lot 1 have a radius of 330.00 feet, a radial line of said concentric curve from said point bears North 70'10'25" East; thence along said concentric curve southerly 29.72 feet through a central angle of 5'13'25" to a line parallel with and 4.00 feet easterly from the easterly line of said Lot 1; thence along said parallel line, South 25'03'00" East 70.01 feet; tangent from said curve' thence South 20'58'41" West 41.74 feet to a point on a non-tangent curve concave northerly, having a radius of 1562.00 feet and being concentric with and 6.00 feet southerly from a curve in the northerly line of said Lot "A" having a radius of 1556.00 feet, a radial line of said concentric curve from said point bears North 22'59'38" West; thence along said concentric curve westerly 424.72 feet through a central angle of 15'34'45" to a point on the westerly line of said Lot "A"; thence radially from said curve North 7'24'53" West 6.00 feet to the POINT OF BEGINNING. CONTAINING: 0.68 Acres, more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. Lawrence L. Bacon, L.S. 3527 5 .7 Z ,// EXHIBIT "B" COMMUNITY SERVICES DISTRICT LANDSCAPE MAINTENANCE EASEMENT TRACT N°- 21675-1 Recorded at request of and return to: City Clerk Department City of Temecula 43172 Business Park Drive Temecula, California 92390 /REE RECORDING This instrument is for the benefit of the County of Riverside and is entitled to be recorded without fee (Govt. Code 6103). Parcel: In Tract 21675-1 Project: THE VILLA AVANTI ASSOCIATION IRREVOCABLE OFFER TO DEDICATE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE VILLA AVANTI ASSOCIATION, a California non-profit mutual benefit c o r p o r a t i o n, ("Grantee"), hereby irrevocably offer to dedicate' to the Temecula Community Service District ("Grantee"), together with the right to further grant or transfer the same to others, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing equipment and landscaping over and within the boundaries of that certain real property located in the City of Temecula, County of Riverside, more particularly described in Exhibit "A" attached hereto, which is incorporated herein by this reference (the 'Easement Area"). If GRANTEE, or its governmental entity, successors, or assigns, determines it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assigns of the GRANTOR. THE VILLA AVANTI ASSOCIATION, a California non-profit mutual benefit corporation. By: Gf .'L ) Wayr~'-~l~. Matsuda, President , t,' /- z'. / ~' , . , Carolyfi S. Agnew, Secretary GRANTOR April 3, 1991 DATED STATE OF CALIFORNIA CITY OF TEMECULA ON Apr i 1 3, 1 9 9 1, before me, the undersigned, a Notary Pubhc in and for said State, personally appeared Wayne M. Matsuda and Carolyn S. Agnew, President and Secretary, respectively, of THE VILLA AVANTI ASSOCIATION, a California non-profit mutual benefit corporation, known to me to be the person S whose name s mr e subscribed to the within instrument and acknowledged that executed the same. NESS my hand arid official seal. Notary Public CERTIFICATE OF ACCEPTAaNCE This is to certify that the interest in real property conveyed by the within Irrevocable Offer To Dedicate to the Temecula Community Service District, a political corporation and/or governmental agency, is hereby accepted by order of the Board of Directors on the date below and the Grantee consents to the cordation thereof by its duly authorized officer. Date ROBERT BEIN, WILLIAM FROST AND ASSOCIATES 28765 Single Oak Drive, Suite 250 Temecula, California 92390 May 21, 1990 JN 23923-M7 Page 1 of 2 LEGAL DESCRIPTION CSD - LANDSCAPE MAINTENANCE EASEMENT TRACT NO. 21675-1 That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lots 1 through 5 and Lots "A", "B" and "C" of Tract No. 21675-1 as shown on a map thereof filed in Book 198, Pages 82 through 84 of Maps in the office of the County Recorder of said Riverside County, described as follows: BEGINNING at the southwest corner of said Lot 5; thence along the westerly line of said Lot 5 North 8'19'34" East 236.00 feet to the northwest corner thereof; thence along the northerly line of said Lot 5 South 81°40'26" East 42.00 feet; thence South 6'35'00" West 143.92 feet to the beginning of a tangent curve concave northeasterly and having a radius of 25.00 feet; thence along said curve southeasterly and easterly 46.72 feet through a central of 107'05'00"; thence tangent from said curve North 79'30'00" East 70.57 feet; thence North 76'15'00" East 122.73 feet; thence North 72'55'00" East 100.52 feet to the beginning of a tangent curve concave northwesterly and having a radius of 25.00 feet; thence along said curve northerly 40.36 feet through a central angle of 92'30'00"; thence tangent from said curve North 19'35'00" West 71.82 feet; Robert Bein, William Frost and Associates TCSD - Landscape Maintenance Easement Tract No. 21674-3 April 4, 1991 JN 23922-M6 Page 2 of 2 thence North 29°25'00" West 19.37 feet; thence North 59°45'00" West 67.31 feet; thence North 55°50'00" West 152.00 feet; thence North 49°40'00" West 78.00 feet to the northwesterly line of said Lot 25; thence along said northwesterly line North 43°51'00" East 37.00 feet to the POINT OF BEGINNING. CONTAINING: 0.32 Acres, more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B' attached and by this reference made a part hereof. Lawrence L. Bacon, L.S. 3527 IO 9 8 $~o 43 7 EXHIBIT "B" TEMECULA COMMUNITY SERVICE DISTRICT LANDSCAPE MAINTENANCE EASEMENT TRACT N~- 21674-5 ~#EET I ~F / ~tlEET ~l~obe~ ~'Bcirt.~!liam ~st ~ ~ociat~ PROFESSIONAL ENGINEERS. P~NNERS& SURVEYORS ~PRIL 4, I~91 ....... "~ J.~. 23922 Recorded at request of and return to: City Clerk Department City of Temecula 43172 Business Park Drive Temecula, California 92390 FREE RECORDING This instrument is for the benefit of the County of Riverside and is entitled to be recorded without fee (Govt. Code 6103). Parcel: In Tract 21674-3 Pr~ect: THE VILLA AVANTI ASSOCIATION IRREVOCABLE OFFER TO DEDICATE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE VILLA AVANTI ASSOCIATION, a California non-profit mutual benefit c o r p o r a t i o n, ("Grantee'), hereby irrevocably offer to dedicate to the Temecula Community Service District ("Grantee'), together with the right to further grant or transfer the same to others, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing equipment and landscaping over and within the boundaries of that certain real property located in the City of Temecula, County of Riverside, more particularly described in Exhibit "A" attached hereto, which is incorporated herein by this reference (the 'Easement Area"). If GRANTEE, or its governmental entity, successors, or assigns, determines it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assigns of the GRANTOR. THE VILLA AVANTI ASSOCIATION, a California non-profit mutual~benetjit corppration. l~ay~e M. Mat~uda, ,President Carol~rn S. Agfiew, Secretary GRANTOR April 3, 1991 DATED STATE OF CALIFORNIA ) CITY OF TEMECULA ) ON Apr i 1 3, 19 91, before me, the undersigned, a Notary Public in and for said State, personally appeared Wayne M. Matsuda and Carolyn S. Agnew, President and Secretary, respectively, of THE VILLA AVANTI ASSOCIATION, a California non-profit mutual benefit corporation, known to me to be the person s whose name S n r e subscribed to the within instrument and acknowledged that executed the same. CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within Irrevocable Offer To Dedicate to the Temecula Community Service District, a nolitical corporation and/or governmental agency, is hereby accepted by order of the Board of Directors on the date below and the Grantee consents to the cordation thereof by its duly authorized officer. Date ROBERT BEIN, WILLIAM FROST AND ASSOCIATES 28765 Single Oak Drive, Suite 250 Temecula, California 92390 April 4, 1991 J.N. 23922-M6 Page 1 of 2 TCSD LEGAL DESCRIPTION LANDSCAPE MAINTENANCE EASEMENT TRACT NO. 21674-3 That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lots 1, 24 and 25 and Lots "A" and "B" of Tract No. 21674-3 as shown on a map thereof filed in Book 211, Pages 95 through 98 of Maps in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at the most westerly corner of said Lot "A"; thence along the northwesterly line of said Lot "A" North 43°51'00" East 6.00 feet to a point on a non-tangent curve concave northeasterly, having a radius of 1344.00 feet and being concentric with and 6.00 feet northeasterly from a curve in the southwesterly line of said Lot "A" having a radius of 1350.00 feet, a radial line of said curves from said point bears North 43°51'00" East; thence along said concentric curve southeasterly 388.30 feet through a central angle of 16°33'13"; thence non-tangent from said curve South 18°37'26" East 40.35 feet to a point on a non-tangent curve concave northwesterly, having a radius of 549.00 feet and being concentric with and 4.00 feet southeasterly from a curve in the northwesterly line of said Lot "B" having a radius of 545.00 feet, a radial line of said concentric curve from said point bears North 64°32'39" West; thence along said concentric curve southwesterly 19.59 feet through a central angle of 2°02'39"; thence radially from said curve North 62°30'00" West 13.00 feet to a point on a non-tangent curve concave westerly and having a radius of 25.00 feet, a radial line of said curve from said point bears North 67°24'05" West; thence along said curve northerly 40.80 feet through a central angle of 93°30'55"; thence tangent from said curve North 70°55'00" West 73.39 feet to the northwesterly line of said Lot 1; :~7 28 Z~ EXHIBIT "B" HOME OWNERS ASSOCIATION LANDSCAPE MAINTENANCE TRACT N~- 21674-2 EASEMENT /~//~/,~.9 SH££T I OF I Robert Bein, William Frost and Associates HOA-Landscape Maintenance Easement Tract No. 21674-2 Revised December 15, 1989 February 8, 1989 J.N. 23922-M2 Page 2 of 3 thence South 62'36'24" West 48.06 feet; thence South 58'35'00" West 192.10 feet; thence South 68'02'44" West 48.66 feet; thence South 58'30'00" West 45.83 feet; thence leaving said parallel line South 10'55'00" West 7.64 feet; thence South 29'05'00" East 95.00 feet; thence South 45'55'00" East 20.00 feet to the southwesterly terminus of that certain course shown as "North 58'35'00" East 319.99 feet" in the northwesterly line of Lot "C" of said Tract No. 21674-2; thence along the southwesterly South 31'25'00" East 4.00 feet; line of said Lot "C" thence North 76'27'30" West 26.85 feet to a line parallel with and 5.00 feet southwesterly from the northeasterly line of said LOt "B" of Tract No. 21674-1; thence along said parallel line North 31'30'00" West 192.81 feet; thence North 13'30'00" East 41.01 feet to a line parallel and/or concentric with and 6.00 feet northwesterly from the southeasterly line of said Lot "A" of Tract No. 21674-~; thence along said parallel and/or concentr~lc line through the following courses: North 58'30'00" Eas% 319.48 feet to the beginning of a tangent curve concave southeasterly and having a radius of 5951.00 feet; thence along said curve northeasterly 541.01 feet through a central angle of 5'12'32"; thence tangent from said curve North 63'42'32" East 489.97 feet; thence leaving said parallel and/or concentric line, South 75'28'02" East 37.92 feet to a point on a non-tangent curve concave northeasterly, having a radius of 1344.00 feet and being concentric with and 6.00 feet northeasterly from a curve in the southwesterly line of said LOt "B" of Tract No. 21674-2, a radial line of said curve from said point bears North 55'21'25" East; Robert Bein, William Frost and Associates MOA-Landscape Maintenance Easement Tract No. 21674-2 Revised December 15, 1989 February 8, 1989 J.N. 23922-M2 Page 3 of 3 thence along said concentric curve southeasterly 269.92 feet through a central angle of 11'30'25" to the southeasterly line of said Lot "B"; thence radially from said curve, along said southeasterly line South 43'51'00" West 6.00 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM any portion lying within said Lot 29 of Tract No. 21674-2. CONTAINING: 0.41 Acres, more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. Lawrence L. Bacon, L.S. 3527 z~ EXHIBIT "B" HOME OWNERS ASSOCIATION LANDSCAPE MAINTENANCE TRACT N~- 21674-2 /~-~ EASEMENT ~HE£T I OF I SHEET FEB. 8, i78~ ROBERT BEIN, WILLIAM FROST AND ASSOCIATES 28765 Single Oak Drive, Suite 250 Temecula, California 92390 Revised December 15, 1989 February 8, 1989 J.N. 23922-M2 Page I of 3 LEGAL DESCRIPTION HOA-LANDSCAPE MAINTENANCE EASEMENT TRACT NO. 21674-2 That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lots 1 through 28 and Lots "A" and "B" of Tract No. 21674-2 as shown on a map thereof filed in Book 207, Pages 50 through 54 of Maps together with those portions of Lots "A", "B#, "C" and "E" of Tract No. 21674-1 as shown on a map thereof filed in Book 201, Pages 70 through 73 of Maps, both in the Office of the County Recorder of said Riverside County, described as follows: _ BEGINNING at the east corner of said Lot 28; thence along the southeasterly South 43'51'00" West 37.00 feet; line of said Lot 28 thence North 1'30'00" West 25.26 feet; thence North 43'45'00" West 63.19 feet; thence North 42'35'00" West 69.86 feet to a line parallel with and 2.00 feet southeasterly from the southeasterly line ~Lot 29 of said Tract No. 21674-2; thence along said parallel line through the following courses: South 67'02'00" West 138.35 feet; - thence South 62'35'00" West 182.80 feet; thence South 66'05'00" West 92.10 feet; thence South 65'09'00" West 137.68 feet; thence South 63'50'29" West 45.07 feet; thence South 62'21'00" West 278.50 feet; thence South 61'21'00" West 162.13 feet; Recorded at request of and return to: City Clerk Department City of Temecula 43172 Business Park Drive Temecula, California 92390 /REE RECORDING This instrument is for the benefit of the County of Riverside and is entitled to be recorded without fee (Govt. Code 6103). Parcel: In Tract 21674-2 P~ect: THE VILLA AVANTI- ASSOCIATION IRREVOCABLE OFFER TO DEDICATE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE VILLA AVANTI ASSOCIATION, a California non-profit mutual benefit c o r p o r a t i o n, ("Grantee'), hereby irrevocably offer to dedicate to the Temecula Community Service District ("Grantee"), together with the right to further grant or transfer the same to others, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing equipment and landscaping over and within the boundaries of that certain real property located in the City of Temecula, County of Riverside, more particularly described in Exhibit "A" attached hereto, which is incorporated herein by this reference (the 'Easement Area"). If GRANTEE, or its governmental entity, successors, or assigns, detern'fines it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of GI~TOR, with all covenants and agreements of this easement extending to and becormng obligations of all heirs, executors, administrators, successors and assigns of the GRPaNTOR. THE VILLA AVANTI ASSOCIATION, a California non-profit mutual~ benefit corpo~tion. ',W ~e' M t~uda,-President /' t.' ' ,-~. / ///~ 7 Carol/yn S. Ag, hew, Secretary GRANTOR April 3, 1991 DATED STATE OF CALIFORNIA ) : CITY OF TEMECULA ) ON Apr i 1 3, 19 9 1, before me, the undersigned, a Notary Public in and for said State, personally appeared Wayne M. Matsuda and Carolyn S. Agnew, President and Secretary, respectively, of THE VILLA AVANTI ASSOCIATION, a California non-profit mutual benefit corporation, known to me to be the person g whose name s n r e subscribed to the within instrument and acknowledged that executed the same. ~?TNESS my hand and o[ficial seal. Notary Public CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within Irrevocable Offer To Dedicate to the Temecula Community Service District, a oolitical corporation and/or governmental agency, is hereby accepted by order of the Board of Directors on the date below and the Grantee consents to the :ordation thereof by its duly authorized officer. Date ROBERT BEIN, WILLIAM FROST AND ASSOCIATES 28765 Single Oak Drive, suite 250 Temecula, California 92390 Revised December 15, 1989 April 28, 1989 J.N. 23922-M1 Page i of i LEGAL DESCRIPTION HOA - LANDSCAPE MAINTENANCE EASEMENT TRACT NO. 21674-2 That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of Lot 29 of Tract No. 21674-2 as shown on a map thereof filed in Book 207, Pages 50 through 54 of Maps in the Office of the County Recorder of said Riverside County, described as follows: A strip of land 10.00 feet wide, the northwesterly line of which is coincident with the southeasterly line of Lot "A" of said Tract No. 21674-2. Said strip of land shall be lengthened or shortened southwesterly so as to terminate in the southwesterly line of said Lot 29 and northeasterly so as to terminate in the northeasterly line of said Lot 29. CONTAININg: 0.31 Acres, more or less. BUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. Lawrence L. Bacon, L.S. 3527 Recorded at request of and return to: City Clerk Department City of Temecula 43172 Business Park Drive Temecula, California 92390 .:REE RECORDING This instrument is for the benefit of the County of Riverside and is entitled to be recorded without fee (Govt. Code 6103). Parcel: In Tract 21674-2 P~ect: THE VILLA AVANTI ASSOCIATION IRREVOCABLE OFFER TO DEDICATE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE VILLA AVANTI ASSOCIATION, a California non-profit mutual benefit c o r p o r a t i o n. ("Gran~e'), hereby irrevocably offer to dedicate to the Temecula Community Service District ("Grantee"), together with the right to further grant or transfer the same to others. a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing equipment and landscaping over and within the boundaries of that certain real property located in the City of Temecula, County of Riverside, more particularly described in Exhibit "A" attached hereto, which is incorporated herein by this reference (the "Easement Area"). If GRANTEE, or its governmental entity, successors, or assigns, determines it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of GP-oMNTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assigns of the GRANTOR. THE VILLA AVANTI ASSOCIATION, a California non-profit mutua~l benefit corporation. /~ay~. M. Mat/~uda, President Carolyn S. Agtaew, Secretary GRANTOR April 3. 1991 DATED STATE OF CALIFORNIA ) : CITY OF TEMECULA ) ON Apr i 1 3, 19 9 1, before me, the undersigned, a Notary Public in and for said State, personally appeared Wayne M. Matsuda and Carolyn S. President and Secretary, respectively. of THE VILLA AVANTI ASSOCIATION, California non-profit mutual benefit corporation, known to me to be the person g whose name s are subscribed to the within instrument and acknowledged that executed the same. Agnew. a 12, 1994 TNESS my han~d and o~fficial seal. Notary Public CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within Irrevocable Offer To Dedicate to the Temecula Community Service District, a political corporation and/or governmental agency, is hereby accepted by order of the Board of Directors on the date below and the Grantee consents to the · cordation thereof by its duly authorized officer. Date "EXHIBIT A" the real property in the City of T~CUL^ County of RIVERSIDE , State of California, described as LOT 29 OF TRACT 21674-2, AS St!OWH BY HAP ON FILE IN BOOK 207 PAGES 50 THROUGH 54, INCLUSIVE, OF HAPS, RECORDS OF RIVERSIDE COUNT~, CALIFORNIA. THIS CONVEYANCE IS F~DE AND ACCEPTED UPON AND SUBJECT TO EACH AND ALL OF 1]{E COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASE~NTS, LIENS AND Q{ARGES CONTAINED IN THAT CERTAIN DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS EXECUTED BY HKqA HO~S, A CALIFORNIA CORPORATION, RECORDED ON AUGUST 2, 1989 AS INSTRUH~INT NO. 259122, AND /~[4T CERTAIN DECLARATION OF ANNEXATION RECORDED ON JANUARY 29, 1990 AS INSTRUMENF NO. 35294, AND ANY AND ALL A~2NDHENTS THEREAFFER, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, WHICH BY THIS REFERENCE ARE INCORPORATED HEREIN AS THOUGH FULLY SET FORTH HEREIN AT EXHIBIT "B" ~OMMUNITY ,E,£/i'I/I~'E ~I~TRI£T LANDSCAPE MAINTENANCE EASEMENT TRACT Na 21674-2 /~v. /zl/,~18~ Robert Bein, William Frost and Associates CSD-Landscape Maintenance Easement Tract No. 21674~2 Revised December 15, 1989 February 8, 1989 J.N. 23922-M3 Page 2 of 3 thence South 62'36'24" West 48.06 feet; thence South 58'35'00" West 192.10 feet; thence South 68'02'44" West 48.66 feet; thence South 58'30'00" West 63.99 feet to the southwesterly line of said Lot 1; thence leaving said parallel line, continuing South 58'30'00" West 5.00 feet to a line parallel with and 5.00 feet southwesterly from the northeasterly line of said Lot "B" of Tract No. 21674-1; thence along said parallel line North 31'30'00" West 87.88 feet; thence North 13'30'00" East 41.01 feet to a line parallel and/or concentric with and 6.00 feet northwesterly from the southeasterly line of said Lot "A" of Tract No. 21674-2; thence along said parallel and/or concentric line through the following courses: North 58'30'00" East 319.48 feet to the beginning of a tangent curve concave southeasterly and having a radius of 5951.00 feet; thence along said curve northeasterly 541.01 feet through a central angle of 5'12'32"; thence tangent from said curve North 63'42'32" East 489.97 feet; thence leaving said parallel and/oF_ concentric line, South 75'28'02" East 37.92 feet to a point on a non-tangent curve concave northeasterly, having a radius of 1344.00 feet and being concentric with and 6.00 feet northeasterly from a curve in the southwesterly line of said Lot "B" of Tract No. 21674-2, a radial line of said curve from said point bears North 55'21'25" East; thence along said concentric curve southeasterly 269.92 feet through a central angle of 11'30'25" to the southeasterly line of said Lot "B"; Robert Bein, William Frost and Associates CSD-Landscape Maintenance Easement Tract No. 21674-2 Revised December 15, 1989 February 8, 1989 J.N. 23922-M3 Page 3 of 3 thence radially from said curve, along said southeasterly line South 43'51'00".West 6.00 feet to the POINT OF BBGINNING. EXCEPTING THEREFROM a strip of land northeasterly line of which is coincident line of Lot "A" of said Tract No. 21674-2. 10.00 feet wide, the with the southeasterly Said strip of land shall be lengthened or shortened southwesterly so as to terminate in the southwesterly line of said Lot 29 and northeasterly so as to terminate in the northeasterly line of said Lot 29. CONTAININGI 4.16 Acres, more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. Lawrence L. Bacon, L.S. 3527 Recorded at request of and return to: City Clerk Department City of Teraecula 43172 Business Park Drive Temecula, California 92390 FREE RECORDING This instrument is for the benefit of the County of Riverside and is entitled to be recorded without fee (Govt. Code 6103). ~r~l: In Tract 21674-2 Pr~ect: THE VILLA AVANTI ASSOCIATION IRREVOCABLE OFFER TO DEDICATE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE VILLA AVANTI ASSOCIATION, a California non-profit mutual benefit c o r p o r a t i o n · ("Grantee"), hereby irrevocably offer to dedicate to the Temecula Community Service District ("Grantee"), together with the right to further grant or transfer the same to others, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing equipment and landscaping over and within the boundaries of that certain real property located in the City of Temecula, County of Riverside, more particularly described in Exhibit 'A" attached hereto, which is incorporated herein by this reference (the "Easement Area"). If GRANTEE, or its governmental entity, successors, or assigns, determines it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assigns of the GRANTOR. THE VILLA AVANTI ASSOCIATION, a California non-profit mutual benefit corpo~tion. By: /. ,/~.a~t-~ie M. Mat/~,~uda, President ~aro.~yn S. A~.h~w, Secretary GRANTOR April 3, 1991 DATED STATE OF CALIFORNIA ) . CITY OF TEMECULA ) ON Apr i 1 3, 19 9 1, before me, the undersigned, a Notary Public in and for said State, personallyapi~ared Wayne M. Matsuda and Carolyn S. Agnew, President and Secretary, respectively, of THE VILLA AVANTI ASSOCIATION, a California non-profit mutual benefit corporation, known to me to be the person s whose name s m r e subscribed to the within instrument and acknowledged that executed the same. .,~.~TNESS my hand an~ o/ficial seal. Notary Public CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed b? he within Irrevocable Offer To Dedicate to the Temecula Community Service District, a nolitical corporation and/or governmental agency, is hereby accepted by order of the Board of Directors on the date below and the Grantee consents to the :ordation thereof by its duly authorized officer. Date ROBERT BEIN, WILLIAM FROST AND ASSOCIATES 28765 Single Oak Drive, Suite 250 Temecula, California 92390 Revised December 15, 1989 February 8, 1989 J.N. 23922-H3 Page I of 3 LEGAL DESCRIPTION CSD-LANDSCAPE MAINTENANCE EASEMENT TRACT NO. 21674-2 That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lots i through 29 and Lots "A" and "B" of Tract No. 21674-2 as shown on a map thereof filed in Book 207, Pages 50 through 54 of Maps together with those portions of Lots "A" and "B" of Tract No. 21674-1 as shown on a map thereof filed in Book 201, Pages 70 through 73 of Maps, both in the Office of the County Recorder of said Riverside County, described as follows: BEGINNING at the east corner of said LOt 28; thence along the southeasterly South 43'51'00" West 37.00 feet; line of said Lot 28 thence North 1'30'00" West 25.26 feet; thence North 43'45'00" West 62.19 feet; ~hence North 42'35'00" West 69.86 feet to a line parallel with and 2.00 feet southeasterly from the southeasterly line of said Lot 29; thence along said parallel line through the following courses: South 67'02'00" West 138.35 feet; thence South 62'35'00" West 182.80 feet; thence South 66'05'00" West 92.10 feet; thence South 65'09'00" West 137.68 feet; thence South 63'50'29" West 45.07 feet; thence South 62'21'00" West 278.50 feet; thence South 61'21'00" West 162.13 feet; Robert Betn, William Frost & Asscolates CSA - Landscape Maintenance Easement Tract No. 21674-1 Revtsed Apr11 28, 1989 February 8, 1989 JN 23922/1L9 Page 2 of 2 thence along said curve southerly 29.61 feet through a central angle of 42o25'00"; thence tangent from said curve South 15°15'00" West 56.59 feet to the southwesterly line of said Lot 22 distant thereon South 68040'00" East 50.00 feet from the southwest corner of said Lot 22; thence along said southwesterly line North 68°40'00" West 50.00 feet to the southwest corner of said Lot thence along the westerly line of said lot North 10°32'21" East 84.05 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM a strip of land 10.00 feet wide, the northwesterly line of which being coincident with the southeasterly line of said Lot "A"; CONTAINING: 0.97 Acres, more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. EXHIBIT "B" CSA LANDSCAPE MAINTENANCE EASEMENT TRACT Na 21674-1 REV. 4-28-89 Recorded at request of and return to: City Clerk Department City of Temecula 43172 Business Park Drive Temecula, California 92390 ~REE RECORDING This instrument is for the benefit of the County of Riverside and is entitled to be recorded without fee (Govt. Code 6103). Parcel: In Tract 21674-1 Project: THE VILLA AVANTI ASSOCIATION IRREVOCABLE OFFER TO DEDICATE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE VILLA AVANTI ASSOCIATION, a California non-profit mutual benefit c o r p o r a t i o n, ("Grantee"), hereby irrevocably offer to dedicate to the Temecula Community Service District ("Grantee"), together with the right to further grant or transfer the same to others, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing equipment and landscaping over and within the boundaries of that certain real property located in the City of Temecula, County of Riverside, more particularly described in Exhibit "A" attached hereto, which is incorporated herein by this reference (the "Easement Area"). If GRANTEE, or its governmental entity, successors, or assigns, determines it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of GP-oMNTOR, with all covenants and agreements of this easement extending to and beconfing obligations of all heirs, executors, administrators, successors and assigns of the GRANTOR. THE VILLA AVANTI ASSOCIATION, a California non-profit mutual benefit corporation. }{ayff~. ~l~t/~uda, President Carolyn S. Agnew, Secretary GRANTOR April 3, 1991 DATED STATE OF CALIFORNIA ) . CITY OF TEMECULA ) ON Apr i 1 3, 19 9 1, before me, the undersigned, a Notary Public in and for said State, pcrsonallyappeared Wayne M. Matsuda and Carolyn S. Agnew, President and Secretary, respectively, of THE VILLA AVANTI ASSOCIATION, a California non-profit mutual benefit corporation, known to me to be the person s whose name s n r e subscribed to the within instrument and acknowledged that executed the same. I. TNESS my hand ired official seal. Notary Public CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within Irrevocable Offer To Dedicate to the Temecula Community Service District, a volitical corporation and/or governmental agency, is hereby accepted by order of the Board of Directors on the date below and the Grantee consents to the :ordation thereof by its duly authorized officer. Date ROBERT BEIN, WILLIAM FROST & ASSOCIATES 14725 Alton Parkway Irvine, California 92718 Revised April 28, 1989 February 8, 1989 JN 23922/1Lg Page 1 of 2 LEGAL DESCRIPTION CSA - LANDSCAPE MAINTENANCE EASEMENT TRACT NO. 21674-1 That certain parcel of land situated in the unincorporated territory of the County of Riverside, State of California, being that portion of Lots 1 and 5 through 22 and Lots "A" and "B" of Tract No. 21674-1 as shown on a map thereof filed in Book , Pages through of Maps in the Office of the County Recorder of saT'd--~tverside~ty, descrl~-~'~ as follows: BEGINNING at the southwesterly terminus of that certain course shown as "North 58030'00" East 952.10 feet" in the southerly line of said Lot "A"; thence North 31°30'00" West 6.00 feet to a line parallel with and 6.00 feet northerly from the southerly line of said Lot "A"; thence along said parallel line North 58030'00" East 952.10 feet~ thence South 76°30'00" East 41.01 feet to a line parallel with and 5.00 feet easterly from the westerly line of said Lot "B"; thence along said parallel line South 31030'00" East 23.00 feet; thence South 58°30'00" West 5.00 feet to the- westerly line of said '~ot "B" distant thereon North 31030'00" West 26.50 feet from the southeasterly corner of said Lot 1~ -~ thence North 51055'00" West 25.61 feet; thence South 58°30'00" West 96.06 feet; thence South 11040'00" West 21.94 feet; thence South 57015'00" West 374.60 feet~ thence South 57040'00" West 439.59 feet to the beginning of a tangent curve con- cave southeasterly and having a radius of 40.00 feet; Robert Bein, William Frost and Associates January 25, 1990 J.N. 23921-N1 Page 2 of 2 thence parallel with the southerly North 83'05100" East 26.04 feetl line of said lot thence South 6'55100' East 6.00 feet to the southerly line of said lot! then~ South 58'40'00" West 31.86 feet1 thence South 12'00'00" East 87.25 feetl thence South 51'55'00" East 17.50 feetl thence North 85'05'00" East 44.00 feet to the westerly line of said ~ot 21 thence North 85'00~00" East 60.03 feet to the westerly line of said Lot 31 thence North 85.'33'51" East 60.06 feet to the westerly line of said ~ot 4I ~hence North 84'50'39" East 60.03 feet to the westerly line of said Lot 5l thenbe North 85'32'15" East 60.06 feet to the westerly line of said ~ot 61 thence North 83'16'54" East 69.24 feet to the easterly line of said ~ot 61 thence along said easterly line South 6'43'05" East 5.00 feet to the POINT OF BEGINNINg. CONTaININg: 0.18 Acres, more or less. 8U~.ECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. DATE SCALE JANU,~ZZY 25, 1,9,90 /" '/00' $1-1E. ET I OF ! OI.IEET ~obeCt CBeiru fi7Yilliam ct~Ost ~ c~Ssociates PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS 28765 SINGLE OAK DRIVE · SUITE 250 · FLANCHO C,,ALIFORNtA. CA 92390 (714) 676-8042. FAX (714) 67~-7240 FIELD BOOK JOB NO. ' Order N~. Escrow No. Loan No. WHEN RECORDED MAIL TO: MESA HOMES 28765 Single Oak Drive, Suite 100 Temecula, California 92390 MAIL TAX STATEMENTS TO: Same as above SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $......0..0..;.,,0.,0.. .............................. ...... Computed on the consideration or value of property conveyed; OR ...... Computed on the consideration or value less liens or encumbrances remaining a~ time of sale. THE UNDERSIGNED GRANTOR DECLARES EASEMENT CORPORATION GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MESA HOMES a corporation or.canized under the laws of the State of California GRANT to City of Temecula Community Services District , does hereby the real property in the City of Temecula County of Riverside , State of California, described as An Easement for the maintenance, repair and restoration of that certain landscape area within Tract 21673 as more particularly described on the attached Exhibit "A" attached hereto and by this reference made a part hereof. Dated January 17, 1991 STATE OF CALIFORNIA Is& COUNTY OF Riverside On January 17, 1991 before me, the u ndersigned, a Notary Public in and for said State, personally appear- ed William M. Butler and personally known to me (~ proved to me on the basis of eatislactor~ evidence) to be the persons who executed the within instrument as President and Secretary, on behalf of MESA ROMFS the corporation therein named, and acknowledged to me that such cot: Ooration executed the within instrument DUrsuant to its by-laws or a resolution of its board of directors. MESA HOMES a California corporation Wll-liam M. Butler By WITNESS my hand and official seal, · '¥ Si, nature ~.~ ~ ~L~L T~ ~ IThi ..... for official _ ~Z~ TATEMENTS AS DIRECTED ABOVE President Secretary 1144 (6/82) ROBERT BEIN, WILLIAM FROST AND ASSOCIATES 28765 Single Oak Drive, Suite 250 Temecula, California 92390 January 25, 1990 J.N. 23921-M1 Page 1 of 2 LEGAL DESCRIPTION LANDSCAPE MAINTENANCE EASEMENT TRACT NO. 21673 PARCEL i That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lots i through 6 and Lots "A" and "B" of Tract No. 21673 as shown on a map thereof filed in Book 228, Pages 69 through 71 of Maps together with those portions of Lots "A", "B", "C" and "F" of Tract No. 21673-1 as shown on a map thereof filed in Book 177, Pages 77 through 81 of Maps, both in the Office of the County Recorder of said Riverside County, described as follows: BEGINNIN~ at the southeasterly corner of said Lot 6; thence along the southerly prolongation of the easterly line of said Lot 6 South 6°43'05" East 6.00 feet; thence along a line parallel and/or concentric with the northerly line of said Lot "A" of Tract No. 21673 through the following courses: South 83°16'55" West 317.00 feet to the beginning of a tangent curve concave southerly and having a radius of 1638.00 feet; thence along said curve westerly 37.81 feet through a central angle of 1'19'21" to the westerly line of said LOt "A"; thence leaving said parallel and/or concentric line, non-tangent from said curve North 54'01'13" West 40.30 feet to a line parallel with and 5.00 feet westerly from the westerly line of said Lot 1; thence along said parallel line North 10'00'00" West 92.13 feet; thence North 36'32~30" East 27.58 feet to a point in the westerly line of said Lot "B" of Tract No. 21673 distant thereon North 6'55'00" West 6.00 feet from the southwesterly corner of said lot; EXHIBIT "A" ,// EXHIBIT "B' C.~.A./I~.nA. LA#DSCAP~ HAIgTEl, lANCE E. ASEH~NT TRACT 1~0.21G7:~-) JULY 1412S Alton Parkway CO Irvine, California 9Z116 ,,~ Revised June 14, IgBB o JN Z39ZI/L? LEGAL DESCRIPTION CSA/HOA - LAHDSCAPE. HAINTE~A~CE ',]RACT NO, 2I&73-3,~:j:?', ~ Those certain parcels of lan~ situated In the unincorporated territory of the County of Riverside, State of California, being portions of Lots ! and SO and tOtS 'A' lad '8' of Tract No, 21673-3 as shown on a map thereof flied tn Book /~O,, PeRes /o through /~-of ~aps tn the Office of the County Recorder of' sa-g{T-~lverslde--i~unty, descr--'~ed as follows: PARCEL I BEgiNNING at the southwest corner of said Lot i; thence a{on~ the westerly boundary line of said Tract No. 21613-3 ~arth ~'43'05' ~est II.O! feet; thence ~orth e4'OO'00' East 83.g3 feet; thence Wu~eh S!'30'00' East Zg. SO feet~ thence ~orth 15'0S'00" East 18.8S feet to a point on the easterly line of said tot ! distant thereon South ~'43'0S" East ~5.00 feet from the northeast corner of said lot{ thence Worth 8]'IS'aS" East S.00 feet; thence parallel with said easterly line South 6'43'05" East 20.00 feet; thence South 38'16'S5' ~est 41,01 feet to a line parallel with a 6.00 feet louthotly from the Southerly line of said Lot l; thence alga9 said parallel !the South 83'{6'55" ~est 9~.00 feet to said westerly boundary line o~ Tract No, 21673-3~ thence lien9 ~ald westerly boundary line North 6'43'05" ~est 6.00 feet to the POINT Or BIGINNING. 0.05 Acres, more or less, · ' ° ~ ~ -* ' .' -. ' J- 1%' ,;, ' ° - ,," ~1 ~" ' ! ,., ~ ' ~ ' · ' ~ ..... ? '~*'.~.- ~.~ ~ .., ~,: ..~-.- .. , ,. ~ . , ., ~,..l .. · · . .., . ........ .....~ ..L~ .,., -~-'~ · .~ ..' ..'.-, . : . ~. ~.'~ ....... . , r . . ...... . ,· ~Tract No. 2t~l~-] JN Z]?ZI/LI BEGINNING at I poIn~ In the westerly line of sale Lot 50 distant thereon South S'43'OS' ElSt 23.00 feet fr~ the northwest corner of said lot: thence South S6'20'00" East Ig.00 feet: thence North B3'15'56" East 84,00 feet: ,.., thence North S3'30'OO" East 6.01 feet to the easterly line of sald lot: ' thence lion9 tel4 easterly line South 6°43'05" East 15.00 feel to the southeast corner of Slid Lot SOl thence continuing South $'43'O$" East 6.00 feet: thence parallel with the Southerly line of said Lot 50 South 63'16'55' Nest thence North S]'43'06" ~est 41.01 feet to a line parallel .Ith and $.00 feet ~sterly from the westerly line of said Lot thence I1Ong tltd parallel line HarSh ~'43'O5" ~est ZZ.OO feet to a line bearing South 8~'16'55" Vest fro~ the POIN! OF 8EGINHIHG~ thence North 6~'15'66' East S.OO feet to the POl~! OF 8£OllltlllIO. CONTAINING! O.OS Acres, more or less. Cav~nc~ L. gicB~, L.ST-3S?1 lI LANDSCAPE MAINTENANCE EASEMENT TRACT NO. 21673-1 THAT PORTION OF LOTS 1 THROUGH 16 OF TRACT MAP NO. 21673-1, AS SHOWN BY MAP ON FILE IN BOOK 177, PAGES 77 THROUGH 81 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE COMPLETELY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 16; THENCE: N 05° 57' 40" W, ALONG THE WESTERLY LINE OF SAID LOT 16, 257.11 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 16; THENCE: S 79° 50' 00" E 13.50 FEET; THENCE: S 38° 35' 00" E 21.00 FEET; THENCE: S 11° 45' 00" E 77.00 FEET; THENCE: S 8° 10' 00" E 79.00 FEET; THENCE: S 23° 30' 00" E 36.50 FEET; THENCE: N 82° 25' 00" E 15.48 FEET TO A LINE PARALLEL WITH AND 2.00 FEET NORTHERLY FROM THE NORTHERLY LINE OF SAID LOT 44 AS SHOWN BY SAID TRACT NO. 21673-1; THENCE: ALONG SAID PARALLEL LINE THROUGH THE FOLLOWING COURSES: N 49° 10' 00" E 67.13 FEET; THENCE: N 58° 50 00" E 375.57 FEET; THENCE: N 60° 50 00" E 60.27 FEET; THENCE: N 74° 07 00" E 251.98 FEET; THENCE: N 79° 34 14" E 52.20 FEET; THENCE: S 87° 46 00" E 72.38 FEET; THENCE: N 80° 00 00" E 119.97 FEET; THENCE: N 31° 40 00" E 21.32 FEET; THENCE: N 7° 05' 00" W 79.50 FEET; THENCE: N 62° 05' 00" W 18.33 FEET TO THE NORTHERLY LINE OF SAID LOT 1 THENCE: ALONG SAID NORTHERLY LINE N 83° 05' 00" E 14.00 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 1; THENCE: S 55° 41' 48" E, ALONG SAID NORTHEASTERLY LINE OF SAID LOT 1, 18.59 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 1; THENCE: S 10° 00' 00" E, ALONG SAID EASTERLY LINE OF SAID LOT 1, 97.20 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE: S 80~ 00 00" W, ALONG THE SOUTHERLY LINE OF SAID LOTS 1 AND 2, 153.41 FEET; THENCE: N 87~ 46 00" W, ALONG THE SOUTHERLY LINE OF SAID LOT 3, 72.38 FEET; THENCE: S 79~ 34 14" W, ALONG THE SOUTHERLY LINE OF SAID LOT 4, 51.89 FEET; THENCE: S 74~ 07 00" W, ALONG THE SOUTHERLY LINE OF SAID LOTS 5 THROUGH 8, 251.65 FEET; THENCE: S 60° 50 00 W, ALONG THE SOUTHERLY LINE OF SAID LOT 9, 60.00 FEET; THENCE: S 58~ 50 00" W, ALONG THE SOUTHERLY LINE OF SAID LOTS 10 THROUGH 15, 375.36 FEET; THENCE: S 49" 10 00" W, ALONG THE SOUTHERLY LINE OF SAID LOT 16, 143.75 FEET TO THE POINT OF BEGINNING. July Robert Bain, William Frns~ X ~$soct,qtes CSA/HOA - Landscape ~aintenance [aseaant Trier No. 21672-4 thence tangent from said curve South 5~'45'00" Vest 77.35 feet to the north- easterly line of said Lot 23; thence South S8'00'00" gest 90.0! feet to the northeasterly line of said Lot thence South 58°30'00' ~est 924.40 feet to the bedinning of a tangent curve con- :ave easterly and having a radius of 30.00 feet; hence along said curve southerly 44.38 feet through a contra! angle of 4°45'00'; ~ence tangent from said curve South 26'1S'00" East 62.66 feet to the beginning tangent curve concave northerly and having a radius of rS,00 feet; once along Satd curve southeasterly 21.16 feet through a central angle of 'SO'00"; ~nce tangent from Said curve ~orth 72'55'00" East 30.67 feet to the POINT OF TAI~!NG: 0.78 Acres, more or less. Cawrance L. Baco,h L.5. 3527 Page 2 of 2 Pages ' ' ' ..:'/"'t · · . ' ' ' "? ~ ~ ' "-"~ ' '-'"'~ ' · ' "' .... 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LI~lZ.4 .-'..- .....-, , :...~., i .~.:.:'.L '~-,.. ~, -, .. ~'."-.- ~.~... -.... .....~ .~'",.':' ,:..-~:.-. ;. ..;.,: ~ ' /'---,J--'~Jr--'~ ! ..' !., . ~.:,.",, , · ,.;: % '~,~',:.; 'eJ- ';. ,,:; " ,-'~¥.'.:'~.' .'- ::,.'-?!' .,'.. ,=;..,~,~ ..' :" m ~ ~, .. _--~-j,:'. ~' .'~..:,'."/~ - ,.~ ,-:-. ,' :'~.... .. . i '.'..!.: ?-':"-:""'"~ ~~' '~~'":: · . " ' . · : ~ '- ,,I , * · ' ;. e · .'.:-....:. ;~...e .... ,,., . T ....,... · · . , ' -. , , · ' " . ,: . . , , · ......,,~.,.,, ;,.- * ',. :.,t',~,~ .... · . .... , ........ ., · ,,.--,-, ...,. .....,..~..., ~~~~.,, ,,,,. ,...,. ~ ~.~~~~,. =.,~.~~,,,,~,~.~ .. . . . ! ~~_.,..,'_'L _ · ., .. · ... ~.....:., ....~- . .~,, ,....,....,. ,~,~,-~., ~~, ..,~~~~ .~.~~.. · ,.~~~~; ;:, .,~._.,. -. · ',,'.." ".'"'".' ;:'~:-,': ,.~9.'.:'?'.,:.',:',' ':.', SLIt 10 °1~3 13:01 1~!3r IP';ItC I~XLIIBIT 'B" C.$..A. ! H.O.A. LANOS£AP[ MAINTcNAN~E EASEWENT TRACT NO. Zl;?~-} RO~EP! $[i11. ~ILLIAH FROS! & ASSOCIATES 14725 ~lton Par~y Irvine. Callfornt~ 92718 ~'1 Revised June 7. 1988 :': July 6, 1981 ¢~ Jt~ 23920/IL6 PARCEL I LEGAL OESCRIPTIOFI CSA/~OA - LA~OSCAPE HAINTENANCE EASEHENT -IRACT. NO, That certatn parcel of land situated tn the unincorporated territory of the County of Riverside. State of California, being portions of Lots I through 24 and Lots "~" ~,,d "B" of Tract No. ~I672-4 as shown on a map thereof ftled in Book /~. Paqes O through ~ of Haps together with portions of Lots 'A", "C" an-'d""E"',,f ~1"~ct No. 2lgT'~-3 as shown on a map thereof ftled In 8ook/~, Pages / thruugh ~' of Flaps In the OFfice of the County Recorder of sa-~d Rlvers['~'Co~nty, de-~'rlbed as follows: BEGINNING at a point In the southeasterly line of said Lot 1. distant thereon South 58'55'OO" West 18.O8 feet from the southeasterly corner of said lot; thence leavl,g said lot line South 31'O5'00" East 4.00 feet; thence parallel with said southeasterly line South 58°55'00" ~est 38.00 feet; thence North 76e!4'00" ~est 26.80 feet to a 1tne parallel with and 5.00 feet south,esterly from the southwesterly line of said lot; thence alo,,g said parallel line North 31'23'00" ~est 94.43 feet; thence North 13'33'30" East 40.97 feet to a line parallel vtth and 6.OO feet northwesterly from the northwesterly !in· of said lot; thence along said parallel line North 58'30'OO" East 1192.32 feet to a line bearing North ]l'30'00" Most from the most northeasterly corner of said Lot 24; thencl South 31'30'00" East 6.00 feet to said a~ost northeasterly corner; thence along the easterly line of said lot South 10'32'21" ~est 101.00 feet; thence North 1'30'OO" Vest 22.88 Feet to the beginning of a tangent curve con° clve Southerly and having a radius of 25.00 feet; thence alan9 said curve northwesterly 52.69 feet through a central angle of IZO'~5'OO"; ROGER[ 8EIN, WlLL!~ FROST I ASSOCIATES 1472S Alton Parkway Irvine, California 92718 Revised June 7, 1988 July 6, 1987 dN 23920/2L6 LEGAL DESCRIPTIOH CSA/HOA - LANOS~APE.HAiNTENANC£.EASE3qENT .TRACT NO, 21672-3 Those certain parcels of land situated In the unincorporated territory of the County of Riverside, State of CIIIfornfa, being those portions of Tract No. 21672-3 as she~,n on a map thereof filed tn look /.~ Pages L thro.gh ~ Or ~pS In the Office of the County Recorder of said Riverside County, describ~'~ as folle~s: PARCEL Lot 14 together with e portion of lot/ "C" and "O" of said tract, described as follows: lEGINNING at the most northerly corner o[ said !or; thence along the northerly line of said lot South 83°00'00' East 40.00 feet; thence South 27'00'00" West 88.00 feet; thence South 38'00'00" East IS.00 feet; thence South ?g'30'00" East 21.00 feet; thence South ~g°ag'Ja" East 30.58 feet to the easterly terminus of a course shown as "North 86'SS'00" West 10.48 feet" In the southerly line of Said thence South 3'0S'00" West 4.00 feet; thence parallel with said course North 85'6S'00' West 70.48 feel to the begin- ning of a curve concave northeasterly and having I radius of 19.00 feet; thence along said curve northwesterly 31.91 feet through a central angie of 95'~4'40" to I point of compound curvature wtth a curve concave easterly end having e radius of 422.00 feet, e radial line of said curves from said point bears South 80'30'20' East; thence along said curve northerly 93.17 feet through a centre! angle of 12'38'S8' to e line bearing North $7°S1'22" West from the POINT OF thence.South 67°$1'2Z" East S.00 feet to the POINt OF BEGINNIHG. CONTAINING: 0.11 Acres, more or less. PARCEL 4 This certain parcel of land situated tn the unincorporated territory of the County of River!Ida, State of Callfornfa~ being portions of Lots $ thro~g~ 11 l~l Lots 'A", "B' Ind 'C' of Tract No. 21612-3 as sh~n on I map thereof ftled in looking, Piles I through <~' of Haps tn the Office of the County Recorder of said ItlTeralde Co'~'~ty, descrT~-d as folios: BEGINNINg It the northwest corner of said Lot 6; thence liont the northerly prolongation of the ~esterly line of said lot Worth 24't8'22' ~ett 6.~ feet to i point on I non-tangent curve concentric with Ind 6,00 feet northerly fr~ I curve tn the northerly line of ~4td lot, said concentric curve been9 concave northerly and having I radius of 3049.00 feet, a r~dlil line o~ IIId curve fr~ said point bears North 24'~8'22' Vestl thencl lien9 !lid concentrlc curve easterly 320.1~ feet through ~ c~ntr~l ~ngle of 6'00'58"I 'Robert Bain, V!lllam frost & Associates Revised June 7. 1988 CSA/HOA - Landscape Halntenance £Isoment Jul? S, Tract No. 2151Z-3 JN thence non-tangent fr~ ,~ld curve South IS'S~'!O' East 40.63 feet to I line parallel with and $.OO feet northeasterly from the northeasterly line of said Lot !1; thence along slid parallel !the $auth 31'23'00' East g~.36 feet; thence South 13'16'00" ~est ~6.g~ feet to a line parallel with and $.O0 feet southeasterly from the southeasterly line of said Lot thence along said parallel line South'58'S5'00" ~est 44.2! feet~ thence North 31'OS'OO' ~est S.00 feet to said southeasterly lIne of Lot thence North e3'20'OO' East 3e.14 feet to the beginning of a tangent curve con- elY! westerly and having a radius of IS.00 feet; thence Ilong said curYe northerly Z].2S feet through I central angle of' thence tangent from said curye North 37°$0'00' West 62.72 feet to the beginning of I tingent curve conelye southwesterly lad hlYIng a radius of ;O.PO feet; thence along said curYe northvesterly 29,2! feet through ! central Ingle of 83'40'00"; thence tingent from Said curve South S8'30'00' ~est J3g. O? feet to the north- elSterl~ line of slid Lot 8; thence South 60eOO'00~ ~est ~J8,32 feet to the northeasterl~ line of said Lot thence South 44°0S'Q0' ~est S3.S4 feet tn said westerl~ line ~f Lot 6; thence I10ng Slid westerl~ line North 24'18'22" ~est 57.9S feet to the PO!~! OF BEGINNING. CONIAINING~ 0.36 ~¢res, ~re or less· Lawlanai L. I~acon, L.S. 3S27 ROBERT BEIH, ¥ILLI~tl FRO~T & ASSOCIATES 14725 Alton Parlruay Irvine, Ca1Ifor~ta 92716 Revised April 8, )988 July 6, JN Z3gZO/IL? LEGAL DESCRIPTION HOA - LANDSCAPE I~AINYENANCE EASDdEM! [,.TP. ACT NO. 21S"/~=Z PARCEL That certmln parcel of' land situated tn the unfncorpormted territory of the County of Riverside, Stmte nf Cmllfornf~, hain9 rertions of Lot 51 and Lot "A" of Trmct No. 2167~-:) as sho~m on I map thereof filed through ~ of Hmpl In the Office of the County Recorder of ~d RiverSide County, ~ther with tho~e port{unm of Lots 'C' mnd )h~n on m mmp thereof flied In book{''~, )mid Office of the River*ida County Re=order, de{triCed ms BEGINNING mt the northeasterly corner of said Lot 2t; thence mlong the easterly line of amid lot South 13'SS'00' East Me.on feet to a potnt on m non-tangent curve concave northerly and hmvtng a radius of BOO.00 ~,-. ~ -,dim1 line of said curve free sald point bears Xorth 7'42'O9" West~ thence mlong amid curve westerly 153.82 feet through a centrml angie of l!'01'00't thence non-tangent from said curve South 60'S$'35' West 9.73 feet to m point on I non-tmngent curve concave elsearly and having a radius of 600.00 feet, a rmdlml line of said curve from said point bears South B6°3['00' East; thence mlong smtd curve southerly Ill.S) Feet through a central angle of IO'3g'00' to m point on m curve In the westerly line of said Lot thence rmdlmlly free smld curve South $6't8'O0' West S.00 Feet to a ~olnt on a non-tmngent curve concentric with last said curve and being concave easterly and blyth9 m rmdlu! of 422.00 feet, m rmdlal line of said curve from said point bier! North 66'18'00' Emat; thence along said curve northerly 150.O5 feet through a central angle of thence non-tmngent free !aid curve North 4a'52'40' [~lt 28.33 feet to m 11ne pmrmllel with mnd 4.00 feet northerly free the northerly line amid Lot 21; thencm along 1mid parallel line South BC°S)'00" Emst 70.48 feet to the beginning of a tingent curve cnncave northarl~ and hayinn I radl,s n~ ]?6.An fe~l thence mlon~ said curve eisterly ~.73 feet through m central inN1! of to the northerly prolongmelon of said mmatmrly line of Lot thence mleng said prolongmelon South 13'SS'00' Emst 4.~ feet to the POINT OF BEGINNING. CONTAIHING~ 0.25 Acres, more or less. SUBJECT TO all Covenants, Rights, Rights-of-ray and Easements of Record. EXHIBIT 'g' attache~ and by this reference m~de a p~rt h~raof. 6-,10.81 mL'-~F~ci L. BmC~no L.$. 3~27 Robert Betn, gtlltam Frost & Associates CSA - Landscape Maintenance Easement Tract No. 21672-1 duly 6, 1987 dN 23920/L7 thence South 67'30'00" West 101.18 feet to the easterly line of satd Lot 20; thence South 68'55'00" West ]80.18 feet to the easterly line of said Lot 16; thence South 71'40'00' West 90.01 feet to the easterly line of said Lot 14; thence South 73'35'00' Vest 88.21 feet to the easterly line of said Lot 12; thence South 76'30'00' Vest 180.32 feet to the easterly line of said Lot 8; thence South 78'55'00' Vest 90.02 feet to the easterly line of said Lot 6; thence South 81'20'00" Vest 135.29 feet to the easterly line of satd Lot 3; thence South B4'15'00" West ]04.49 feet to the beginning of a tangent curve con- cave southeasterly and having a radius of 20.00 feet; thence along said curve southwesterly 30.]4 feet through a central angle of 86°20'00"; thence tangent from said curve South 2'05'00' East 60.44 feet; thence South I°4S'00' East S8.00 feet; thence South 6'20'00" West 26.93 feet to the beginning of a tangent curve con- cave northeasterly and having a radius of 10.00 feet; thence along said curve southerly and easterly 21.92 feet through a central angle of 125°35'00"; thence tangent from said curve North 60'45'00° East 40.02 feet; thence'North 78'29'35' East 15.35 feet to the POINT OF BEGINNING. 1.65 Acres. more or less. _ £.-" .... / ./ CONTAINING: Lawrence L. Bacon, L.S. 3527 EXHIBIT 'B" Page 3 of 3 Pages EXI..IIBIT 'B," C,.S.A. L&NOSC, RPS. NAI#'I'EI, I&Nf, E r~$E.t4'r.141 TLIkgT llO.U~,?t'l ROBERT BE]N, WILLIAM FROST &~SOCIATES ]4725 Alton Parkway Irvine, California 92718 duly 6, Ig87 JN 23920/L7 LEGAL DESCRIPTION CSA - LANDSCAPE MAINTENANCE EASEMENT 'IRAC~ NO, 21672-1 Those certain parcels of land situated in the unincorporated territory of the County of Riverside, State of California, being portions of Lots I through 21, Lot 43 and Lots 'A" and "B" of Tract No. 21672-1 as shown on a map thereof filed in Book tqq , Pages &: through ~ of Maps in the Office of the County Recorder of said RrT~rside County, descrtb'~'d as follows: PARCEL BEGINNING at a point in the easterly line of said Lot 43 of Tract No. 21672-1 distant thereon North 4°41'00' West 19.00 feet from the southeast corner of said lot; thence leaving said lot line North 24°40'00" West 24.34 feet to the beginning of a tangent curve concave southwesterly and having a radius of 25.00 feet; thence along said curve northwesterly 29.$3 feet through a central angle of 67°40'00"; thence tangent from said curve South 87°40'00" West 94.98 feet; thence South 42°40'00" West 21.21 feet to a line parallel with and 30.00 feet easterly from the west line of said lot; thence along said parallel line South 2017'40' East 3.56 feet to a point on a non-tangent curve concentric with and 30.00 feet southerly from a curve in the north line of said lot, said concentric curve being concave northerly and having a radius of 3085.00 feet, a radial line of said curve from said point bears North 1°29'52' west; thence along said concentric curve westerly 30.01 feet through a central angle of 0°33'26' to the westerly boundary line of said tract; thence along said westerly boundary line North 2017'40~ west 36.01 feet to a point on a non-tangent curve concentric with and $.00 feet northerly from said curve in the north line of said lot, said concentric curve being concave northerly and having a radius of 3049.00 feet, a radial line of said curve from said point bears North 0055'28' West; thence along said concentric curve easterly 145.55 feet through a central angle of 2044'06"; EXHIBIT "B" Page ] of 3 Pages Robert Betn, Wt11~am Frost & Associates CSA - Landscape Maintenance Easement Tract No. 21672-1 July 6, 1987 JN 23920/L7 thence non-tangent from said curve South 49'10'17' East 40.64 feet to a 1tn~ parallel with and 4.00 feet easterly from the east 1the of said lot; thence along said parallel line South 4'4]'00" East 28.00 feet to a line bearing North 66'19'00" East from the POINT OF BEGINNING. thence South 85'1g'00" West 4.00 feet to the POINT OF BEGINNING. CONTAINING: 0.09 Acres, n~)re or less. PARCEL 2 BEGINNING at the southeast corner of said Lot 1; thence South 33018'00" East 4.00 feet to a point on a non-tangent curve concen- tric with and 4.00 feet southerly from a curve in the south line of said lot, said concentric curve being concave southerly and having a radius of 326.00 feet, a radial 1the of said curve from said point bears South 33018'00' East; thence along said concentric curve westerly 39.04 feet through a central angle of 6°51'44" to a point of reverse curvature with a curve concave northerly and having a radius of 274.00 feet, a radial 1the of said curve from said point bears North 40°09'44' West; thence along said curve westerly 53.57 feet through a central angle of I1012'08'; thence non-tangent from said curve North 62040'00' West 31.61 feet to a point on a non-tangent curve concentric with a curve in the westerly line of said lot, said concentric curve being concave easterly and having a radius of 274.00 feet, a radtall line of said curve from said point bears North 83°37'36' East; thence along said concentric curve northerly 8.08 feet through a central angle of %041'24"; thence tangent from said curve, parallel with the westerly line of said lot North 4'41'00' West 207.06 feet; thence North 3g'48'17' East 40.64 feet to a point on a non-tangent curve concentric with and $.00 feet northerly from a curve in the northerly 1the of said lot, said curve being concave northerly and having a radius Of 3049.00 feet, a radtal line of said curve from said point bears North 5'42'26' West; thence along said concentric curve easterly 989.76 feet through a central angle of 18036'56" to the easterly 1the of said Tract No. 21672-1; thence non-tangent from satd South 24°18'22" East 63.95 feet; curve, along said easterly 1the EXHIBIT Page 2 of 3 Pages Recorded -',! request of ~nd telurn Dcp-',rlmcn! of Building Services Rc~l ?r6~rly Man~gcmcnt Divis~on 3133 7th ,";trcct Riverside, C.',lifofn~a 92507 FREI'~ R F. COR I)INC; This im, lrtmlcttl is for the benefit of the Cotrely of Rivcrsitlc and is entitled Io be recorded without fcc. ((;ovl. Code 6 I03). Parcel: Projcc[: EASI:,MI NT DF ED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The Villages Community Association No. Two, a non-profit mutual benefit corporation ("GRANTOR") hereby grants and conveys to the City of Temecula Community Services District ("GRANTEE"), together with the right to further grant or transfer the same to others, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing equipment and landscaping within the boundaries of that certain real property as identified in Exhibits "A" through "F", attached hereto and incorporated by reference herein. If Grantee, or its governmental entity successors or assigns determines it is unable, incapable, or unwilling to maintain said easement, maintenance shall, after notice, become the responsibility of Grantor, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assigns of the Grantor. The Villages Community AssociatJ No. Two, a Non-Profit Mutual Benu~lt Corporation /President STATE OF CALIFORNIA ) SS. COUNTY OF RIVERSIDE and for said State, personally appeared '-]-'/~ t,Y~;t..~ before me, the undersigned, a Notary Public in to be the ,',er. on ~ whose name that ~ executed the same. , known to me subscribed to the within instrument and acknowledged Notary Public CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within deed to the COUNTY OF RIVERSIDE, a political corporation and/or governmental agency, is hereby accepted by order of the Board of Supervisors on the date below and the grantee consents to the recordation thereof by its duly authorized officer. Date B.S. 900-005 I12-87) POP. FPT REIII, tJlLLI~P FROST & ASSOCIATES 1401 Ouail Street ~e~port §~.a(.h, California 92660-274P OCtober 30, Ig~6 JN 211~3/2L5 I.[C~L bESCRIPTION LANDSCAPE ~AINIENANC[ AREA IN TRACT NO. 21082-4 Those portions of Lnts 31, 32. 52 and Lot "A" (~outh General Kearny Road) of Tract No. 210R2-4 as shown on a map thereof filed in Book , ~ages through uf ~aps in the Office of the £ounty RecordEr of the--~unty of-1)'iverside, ~J'[~e of California, described as follows: BEGINNING at the most northerly c~rner of said Lot 3]: the,co &':ong the ,)crthwesterly line ef said Lot "A" North 40°49'31" East 6.00 feet to a p~tnt on a non-tangent curve concave southwesterly, having a raCius of 115i.eO feet and being concentric with a cur,'e i, the southwesterly line of said lot "A", a radial line of said curve from said point bears South 40~4g'31" West; thence mlong said curve southeastrrly 11~.36 feet through a central angle of thence parallel wtth said southwesterly line of Lot "A" South 4t¢14'00" East ~Ig.~! feet to the beginning of ~ tanQent curve concave southwester1) and ,~avtno a radius of 115~.00 feet; thence along said curve southeasterly 64.0q feet through a central angle of 3°11'27 to the southeasterly lt~e of said lract No. 2~08Z-4; thence along ~atd southeasterl.v line South 3°07'3~" West 19.13 feet; thence North ~1°t7'13" We~t 77.30 feet to a line parallel with and 7.00 feet southwesterly from said southwesterly lI~e of Lot "A"; thence along said parallel line North 43°14'O0" West 219.21 feet; thence North 45°02'31" West 71.83 feet; thence North 55°54'12" West 44.00 feet to *he northwesterly line uf said Tract No. 2~0B2-~; thence along said northwesterly line North 30°12'00" East [3.32 feet ~o the POINT OF BEGINNING. CONTA!NING: O.127 Acres. more o- less. Lawrence L. Bacon, L.S. ~ _ Exhibit "A" Page 12 of 13 ~ages ~X#/~/T ',4' SHEET 2. 01: 7. SI~EET EXHIBIT "A" Page 13 of 13 Pages -.,- . ·.._.:..,~ _ -~ .............__ .'-'.,.,,.~ · ~ . ~* ".'" ,.e -". . .- '* ,". · ~ · · ..... · o ........ . ...~: ,~.. .... .. . ~., .~ ;.~-~ .-~-.~-..'~ .. ~...,...~. . .,.,; ,~...,_.~..~,~;~ .... . ,... .... .. . .... , ,~ ~..'.,.,-., ~.,~ · ' ~ ' ' ';-: '° · i' ..... ....~ :...'.~:~.,.~, Robert letn, Vtllll, FroIt i Allotlites LIndlclpe ~llntanlnCe Arel In Trice No. tiff! Ilvllld O~c~'h.r !!, I~ thence lions laid velterly line North 1'07'36' tilt II.~O feet to a p~J~t non-tlngent curve conclue Iouthvelterly, hlvtng i radius of !!SI.QO f*.t and being concentric ,lth I curve tn the vestafly line of slid LGt 'A'. line of slid curvt froan Slid point beers South 4g°67'2S· thence along said curve southerly 10~3,31 feet through I central thence tangent fro~ litd curve South 12~S3'!S· hit 26.39 feet to the line of said Lot 'A' and a ~lnt in t~ ~u~r~ IIH of said Tract ao. t~nce along sitd boun~r~ ItH ~uth S7'~'~' ~st 79.~ feet to ~int therein& thence continuing along said ~ndary 11H ~u~ 12'S3'1S' ~est ]~.11 feet to ~e ~INT 0F I[Gf~iNO. CONT~!NIHG: 1.12t ~res, ~re or less. ' [IHilIT "A" Page 10 of 13 Pages E7[/./1811" ",4' r~'4[T N_w ZIO~Z L4NO, SC,4P£ M&INTENAN¢~ &,~EA. REV. IZ/11/85 EXHIBIT "A" Page 11 of 13 Pages RQ~ENT BEINt NILLI~ FROST & ASSOCIATES 1401Qu$tl Street Nawport Beach, California g~SSQ-274B e-vlsed Octet. Ocr I!, 1986 October 30, 19~$ LEGAL DESCRIPTION LANDSCAPE HAINTEIL~ICE AREA IN TI~T NO. 21082 Those portions of Lots I thr~gh ~4, Lot "A" (Nlrgarttl Road) a~d Lot (Karl.tit. Road) of Tract No. 11081 IS lhOlm On I mip thereof ft;eu in Book 1o~u~n, Pleas 2~ through j~_ of ~ps In ~e Offico of the County Recorder of the ty of Rlvlrsldl, Stl~ of Cillfo~tl, hscrl~ is I whole as folios: BEGINNING at a.point tn the elstlrly 1IN of said Lot I distant thereon North 12'53'1S" tilt g.98 feet frm the IonshillS corner of said lot; thence North 77e06'4S' Nest thence North 15'40'00' East thence North 30'40'00' Vest thlncl North lie(X)'00" [let thence North 27030'00· Meet thence North IS'IS'QO" Ells thence North 27'2~'00" Neat thence North Ii'lO'00" Ells thence North 2geo0'00' Melt thence North IG°IO'(X)' East thence North 3~°05*00· Nest thence North 17"17'Q0" East thence North ~8'17'00" Vest thence North IG°OQ'00· East thence North S!'~S'OQ' East thence North I~'S3'!S" Elis thence North S1'00'00" Ells S.03 S4.10 feet; B.SI feet to the northerly line of said Lot 1; SO.O~ feet; 13.1S 41.01 17.07 52.10 13.42 S~.ON 16.t7 S~.IS 17.50 IS.SO 11.00 feet to the northerly line of said Lot I; feet; feet to the northerly line of said Lot 3; feet; feet to the northerly line of sa~d Lot 4; feet~ feet te the northerly line of said Lot S; f~t~ feet to the ~ortherly line of s,~d Lot 6; feet; feet; feet to the northerly line of said Lot 7~ feet; E~!IIT "A" Page 8 of 13 Pages Robert lltn, VIilisa frost S Assoclstos Lsndsclpo Hstntlnlnce Aril In Tract #o. 21082 levllld 0tc,mber I1. 1986 0¢tober ]0. 19~ 21'40'00' ~llt IS'30'00' East ~2'32'00' last ]0'00'00' list 7'24°00" hit 4~.S0 feet to S'00'00" last 4~.S! feet to 1'40'00' East 4~.13 feet to Z'00'OQ' Vest 4~.S4 feet to Z'S0'00" ~est 4~.7l felt to 1'3Q'OQ" Vest 4~.8~ felt to ~'3S'QQ' Vest 41.~Q felt to 1~'30'04)" I~lt thence North thence North thence North thence North thence Nort~ thence North thence North thence North thence North thence North thence North thence North thence North thence North thence North theficI North thence North thence North thence North thence North thence North thence North therice hrth ~ IS'SI'Q4)" kit ? 11'0~41" Vest 35'11'35" Vile 31.g/ feetl I.OS feet to the northerly I1~ ~f Slid Lot 8; SI.0S feet& 7.23 feet to the northerly line of Sll~ ~ot 9; SI.93 feet to the ~ortherly line of Slid Lot I0; 49.4~ feet to the nQrtherlx 11n~ of Slid Lot the Hrt~erly Iin4 of said Lot the northerly IIH of Slid Lot t~ Nr~rly IIH of Slid Lot 14; t~ Nr~rly ItH of slt~ Lot t~ Kr~lrly ItN of Slid Lot 16; ~ Nr~rly 11H of said Lot 17; ~ Kr~lrly !IN of Slid Lot 47.11 feet ~ ~ Nr~rly ItM of slid to~ 4S.M ffit ~ ~ N~erly IIM of slid Lot 1.0~ ffit t0 ~ Mr~lrly IIH of slid t~t 17.ll 1.99 ffit to t~ Wt~stlrly line of slid Lot 22; IS.09 fHtl 7.~7 ffit ~ ~ ,rt~st~rl~ IIn~ Lf s~d Lot 7S.~7 fHtl 110.70 flit ~ t~ Nlttrl~ 11~ of slid Trice Ho. t IlllIlT "~" Page 9 of 13 Pages 'Robert Betn, Wtiliam Frost & Associates Tract No. 20735-4 Landscape Maintenance Area October 2, 1986 JN 23018/3L5 thence tangent from said curve South 70°1g'22" West. 268.26 feet to the westerly line of said Lot.S; thence South 70°0g'57" West 121.00 feet to the westerly line of said Lot 7; thence South 71°04'46" West 131.00 feet to the westerly line of said Lot 9; thence South 72°05'56" West 375.81 feet to the beginning of a tangent curve concave southerly and having a radius of 1200.00 feet; thence along said curve westerly 79.54 feet through a central angle of 3°47'S2" to the POINT OF BEGINNING CONTAINING: 1.129 Acres, more or less. PARCEL 2 Those portions of Lot "A" (South General Kearny Road) and Lot "B" (Avenida Barca) of Tract No. 20735-4 as shown on a map thereof filed in Book 164 , Pages I through · 5 of Maps in the Office of the County Recorder of the County of Riverside, State of California, described as follows: BEGINNING at the most northeasterly corner of said Lot "B"; thence along the easterly line of said lot South 30009'00" West 32.99 feet and South 15°38'55" East 67.34 feet; thence South 74°21'05" West 5.00 feet; thence North 15°38'$5" West 67.34 feet to the beginning of a tangent curve concave southeasterly and having a radius of 29.00 feet; thence along said curve northeasterly 45.11 feet through a central angle of 89o07'18"; thence radtally..from said curve South 16°31'37" East 6.00 feet to the POINT OF BEGINNING. CONTAINING: 0.016 Acres, more or less. EXHIBIT "A" Page6 ofl3Pages EXI. IIBIT ' ' 'TRACT 140. 207'~S- 4 LANDear. ApE ~qAII41re.14 AIICF- AREA ~.XHIBIT PaSe'7 o!13Pale~ 5(7 34 38 37 3G 4(7 41 49 48 44 4~ 4G 31 )Z 30 Z~ 28 27 26 7.5 ?.4 7 9 /(7 II f4 EXHIBIT 'A* TRACT NO. Z.0736-6 LANDSCAPE MAINTENANCE AREA EXHIBIT "A" Pase & of ~3Pa~e~ OCTOBER I0,19B$J.N. Z3018 ROBERT BEIN, WILLIAM FROST & ASSOCIATES 1401 Quail Street Newport Beach, California 92660-2748 October 2, 1986 JN 23018/3L5 LEGAL DESCRIPTION TRACT NO. 20735-4 LANDSCAPE MAINTENANCE AREA PARCEL I Those portions of Lots 1 through 15, Lot "A" (South General Kearny Road) and Lot "B" (Aventda Barca) of Tract No. 20735-4 as shownon a map thereof filed in Book 164 , Pages I through 5 of Maps in the Office of the County eRm~'~er of the County of Riverside, State of California, described as follows: BEGINNING at the most westerly southwesterly corner of said Lot 15; thence along the westerly line of said Lot 15 and the prolongation thereof North 2°47'22" West 73.30 feet to a point in a line parallel and/or concen- tric with and 6.00 feet northerly from the southerly line of said Lot "A", said point being on a non-tangent curve concave southerly and having a radius of 1951.00 feet, a radial line of said curve from said point bears South 19°46'51" East; thence along said curve and said parallel and/or concentric line easterly 202.32 feet through a central angle of 5°56'30" to a' point of reverse curvature with a curve concave.northerly and having a radius of 8049.00 feet, a- radial line of said curve from said point bears NorZh 13°50'21" West; thence along said curve easterly 377.57 feet through a central angle of 2o41,16,,; . . thence tangent from said curve North 73°28'23" East 397.72 feet to the beginning of a tangent curve concave southwesterly and having a radius of 29.00 feet;. thence along said curve southeasterly 46.00 feet through a central a.ngle of 90°52'41',; thence tangent from said curve South 15°38'55".East 61.62 feet; thence South 74°21'05" West 13.56 feet; thence North 17°53'30" West 37.07 feet to the beginning of a tangent curve concave southwesterly and having a radius of 32.00 feet; thence along said curve northwesterly 51.26 feet through a central angle of 91o47~08,,~' EXHIBIT "A" Page 5 ofl3 Pages Robert Bern, Nflltam Frost & Associates Landscape Maintenance Areas Intract Ho. 20735-6 October 10, 1986 JN 23018/4L5 thence non-tangent from said curve North 31°47'00" West 20.00 feet to a point on a non-tangent curve concave' southerly and having a radius of 840.00 feet, a radial line of. said curve from said point bears South 0°58'36" East; thence along said corve westerly 93.38 feet through a central angle of 6°22'09" to the westerly line of said Lot 35; thence North 37°58'30" West 9.82 feet; thence South B0°44'42" West 86.28 feet to the westerly line of said Lot 34; thence North 47°06'39" West 9.62 feet; thence South 75°40'52" West 87.99 .feet to the westerly line of said Lot 33; thence North 59°55'47'° West 10.20 feet; thence South 71°67'39" West 76.10 feet to .the westerly line of said Lot 32; thence North 62°54'29" West 10.74 feet; thence South 68°25'27".West 62.44 feet to the westerly'line of said Lot 31; thence North 65°30'56" West 10.98 feet; thence South 68°05'55" West 61.98 feet to the Westerly line of said Lot 30; thence North 63e30'42" West 11.31 feet; thence South 67°40'01"' West 62.04 feet to the westerly line of said Lot 29; thence ~orth'62°03'05" West 11.44 feet; ' thence South 68°17'00" West 62.05 feet to the westerly line of said Lot 28; thence North 61°45'30" West 11.49 feet; thence South 69°27'33" West 61.91 feet to the westerly line 'of said Lot 27; thence North 61°15'08' West 10.48 feet; thence South 72°25'11' West 41.67 feet to the beginning of a tangent curve con- cave southeasterly and having a radius of 25.00 feet; thence along said'curve southwesterly. 38.05 feet through a .centrJl .angle of 87°12'11'; EXHIBIT 'A' Page 2 of 13 Pages Robert Beth, Willtam Frost & Associates Landscape Maintenance Areas'Intract No. 20735-6 October IO, 1986 JN 23018/4L5 thence tangent from said curve South 14°47'00" East 52.99 feet; thence South 74°21'05" West 12.54 feet to the westerly line of said Lot 26; thence along said westerly line North 15°38'55" West 6/.34 feet: and North 30°09'00" East 32.99 feet to the POINT OF BEGINNING. CONTAINING: 0.833 Acres, more or less. EXHIBIT "A" Page 3 of 13Pages Recorded at request of and return to: City Clerk Department City of Temecula 43172 Business Park Drive Temecula, California 92390 REE RECORDING Fhis instrument is for the benefit of the County of Riverside and is entitled to be recorded without fee (Govt. Code 6103). Parcel: Project: Tract: 20735-4 20735-6 21082-0 21082-4 IRREVOCABLE OFFER TO DEDICATE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The Villages Community Association, a non-profit mutual benefit corporation ("Grantee"), hereby irrevocably offer to dedicate the Temecula Community Service District ("Grantee"), together with the right to further grant or transtar the same to othex a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing equipment and landscaping over and with the boundaries of that certain real property located in the City of Temecula, County of Riverside, more particularly described in Exhibit ":' attached hereto, which is incorporated herein by this reference (the "Easement Area"). If GRANTEE, or its governmental entity, successors, or assigns, determines it is unable, incapable, or unwilling to maintain said Easeme Area, maintenance shall, after notice, become the responsibility of GRANTOR, with all covenants and agreements of this easement extendi: to and becoming obligations of all heirs, executors, administrators, successors and assigns of the GRANTOR. THE VILLAGES COMMUNITY ASSOCIATION PrUdent ~ ~,. \ / S~ertary GRANTOR STATE OF CALIFORNIA ) : CITY OF TEMECULA ) ON before me, the undersigned, a Notary Public in and for said State, personally appeared to be the person whose name subscribed to the within instrument and acknowledged that executed the same. WITNES~ly h~/~l)and offi/~ seal. i""-"-~ ........... OFFICIAL"~'I~'[ .......... i ff,(::e,~'~'~ GAYLA A. ROGERS! ~-,~'~':~1 NOTARY PUgLIC- CALIFORNIA:: i ~,.\'i~,~,~ ,)' PR NC PAL OFFICE IN ~...'~ ORANGE COUNTY COMMISSION EXPIRES MAR. 19, 1993 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within Irrevocable Offer To Dedicate to the Temecula Community Service District. political corporation and/or governmental agency, is hereby accepted by order of the Board of Directors on the date below and the Grantee consents to t recordation thereof by its duly authorized officer. Date ROBERT BEIN, WILLIAM FROST & ASSOCIATES 1401Quatl Street Newport Beach, California 92660-2748 LEGAL DEscRIPTION October 10, 1986 JN 23018/4L5 LANDSCAPE HAINTENAN~E AREAS IN TRACT NO.~O?~':~ Those portions of Lots 26 through 35, 37 through 40, 50, 51 and Lot "E" (South General Kearny Road) of Tract No. 20736-6 as shown bn a map thereof filed in Book 164 , Pages 10 through 15 .of Haps in the Office of the County Recor e~'-F-~'Fthe County of Riverside, State of California, described as follows: BEGINNING at the northwesterly corner of' said Lot 26, being a point in the southerly 1the of said Lot "E"; thence along the wes(erly line of said Lot "E" North 16°31'37" West 6.00 feet; thence parallel with said southerly ltn~ of Lot 'E" North 73°2B'23" East 361.50 feet to the beginning of a curve concave southerly and having a radius of 1151.00 feet; thence along said curve easterly 1152.13 feet through a central engle of 57°21'08' to the southeasterly line of said Lot "E"; thence 'radial from said curve, along said southeasterly line South 40°49'31" West 6.00 feet to the most easterly corner of said Lot 51; thence along the southeasterly 'line of said Lot'51 South 30~12'00" West 13.32 feet to a point on a non-tangent cucve concave southwesterly'and having a radius of B80.00 feet, a radial line of said curve from said point bears South 43°13'14" West; thence along said curve northwesterly 332.72 feet through a central angle of 21°39'48" to the northwesterly line of said Lot 50 and a point on a non-tangent curve concave southerly and having a radius of 1131.00 feet, a radial 'line of )aid curve f~om said point bears South 24°08'27" West; thence along said curve westerly 144.90 feet through a central angle of 7°20'26"; thence radial fr~n said curve North 16°48'01' East 2.00 feet to a point on a non-tangent curve concave southerly and having a radius of 520.00 feet, a radial line of said curve from said point bears South 19°39'20' West; thence along said curve westerly 231.81. feet through a central angle of 25°32'~g~ to the northwesterly )the of said Lot F7; EXHIBIT "A' Page I of ~3 Pages r~- AVENt6A/- BAaCA,.,~ __ :.:.:-:-:.'~ ..~ ~ , _ _ . I~ ~'.'.'.'-'.'. ~ I ~ ~..:.:.:.:.:.1 · ~ ~ · ~ I: :.:.:.:-:.:.:I - ~: :::i:i:!:::. . o'~ F:::y, LIIBIT ' ' A TRACT 140. 207~5- 4 LkHOSf, AP~ MAIR1~.14 AII£E EXHIBIT 01~fO8. ~, 198& "--" -- '-- ' Pale' 3 of 3 Pales J.14.Z301S ROBERT BEIN, WILLIAM FROST & ASSOCIATES 1401 Quail Street Newport Beach, California 92660-2748 October 2, 1986 JN 23018/3L5 LEGAL DESCRIPTION TRACT NO. 20735-4 LANDSCAPE MAINTENANCE AREA PARCEL 1 Those portions of Lots 1 through 15, Lot "A" (South General Kearny Road) and Lot "B" (Avertida Barca) of Tract No. 20735-4 as shown on a map thereof filed in Book 164 , Pages 1 through S of Haps in the Office of the County e~er of the County of Riverside, State of California, described as follows: BEGINNING at the most westerly southwesterly corner of said Lot 15; thence along the westerly line of said Lot 15 and the prolongation thereof North 2°47'22" West 73.30 feet to a point in a line parallel and/or concen- tric with and 6.00 feet northerly from the southerly line of said Lot "A", said point being on a non-tangent curve concave southerly and having a radius of 1951.00 feet, a radial line of said curve from said point bears South 19°46'51" East; thence along said curve and said parallel and/or concentric line easterly 202.32 feet through a central angle of 5°56'30" to a point of reverse curvature with a curve concave northerly and having a radius of 8049.00 feet, a radial line of said curve from said point bears Nor,th 13°50'21" West; thence along said curve easterly 377.57 feet through a central angle of 2°41'16"; thence tangent from said curve North 73°28'23" East 397.72 feet to the beginning of a tangent curve concave southwesterly and having a radius of 29.00 feet; thence along said curve southeasterly 46.00 feet through a central a~gle'of 90°52'41"; thence tangent from said curve South 15°38'55" East 61.62 feet; thence South 74°21'05" West 13.56 feet; thence North 17°53'30" West 37.07 feet to the beginning of a tangent curve concave southwesterly and having a radius of 32.00 feet; thence along said curve northwesterly 51.26 feet through a central'angle of 91o47~08,,;' EXHIBIT Page ! of 3 Pages 'Robert Betn, Wtiliam Frost & Associates · Tract No. 20735-4 Landscape Haintenance Area October 2, 1986 JN 23018/3L5 thence tangent from said curve South 70°19'22" West 268.26 feet to the westerly line of said Lot 5; thence South 70°02'57" West 121.00 feet to the' westerly line o~ said Lot 7; thence South 71°04'46" West 131.00 feet to the westerly line of said Lot 9; thence South 72°05'56" West 375.81 feet to the beginning of a tangent curve concave southerly and having a radius of 1200.00 feet; thence along said curve westerly 79.54 feet through a central angle of 3°47'52" to the POINT OF BEGINNING CONTAINING: 1.129 Acres, more or less. PARCEL 2 Those portions of Lot "A" (South General Kearny Road) and Lot "B" (Avertida Barco) of Tract No. 20735-4 as shown on a map thereof filed in Book 164 , Pages 1 through. 5 of Maps in the Office of the County Recorder of the County of Riverside, State of California, described as follows: BEGINNING at the most northeasterly corner of said Lot "B"; thence along the easterly line of said lot South 30o09'00" West 32.99 feet and South 15°38'55" East 67.34 feet; thence South 74°21'05" West 5.00 feet; thence North 15°38'55" West 67.34 feet to the beginning of a tangent curve concave southeasterly and having a radius of 29.00 feet; thence along said curve northeasterly 45.11 feet through a central angle of 89°07'18"; thence radially..from said curve South 16°31'37" East 6.00 feet to the POINT OF BEGINNING. CONTAINING: 0.016 Acres, more or less. EXHIBIT Page Z of 3 Pages Robert Beln, William Frost & Associates Landscape Maintenance Areas' lntract No. 20735-6 October ]0, 1986 JN 23018/4L5 thence tangent from said curve South 14°4Z'00" East 52.99 feet; thence South 74°21'05" West 12~5~ feet to the westerly line of said Lot 26; thence along said westerly l~ne North 15°38'55" West 67.34 feet: and North 30°09'00" East 32.99 feet to the POINT OF BEGINNING. CONTAINING: 0.833 Acres, more or less. EXHIBIT *A' Page 3 of A Pages. 34 35 ~8 37 3~ 39¸' 41 4~ 47 4~ 17 16 I~ 14 30 2.8 Z7 31 '/.3 7.4 EXMIBIT TRACT NO. 1-0735-6 LANDSCAPE MAINTENANCE AREA EXHIBIT "A" OCTOBER I0,19B6J. lt. Z3018 C~ ROBERT BEIN, WILLIAH FROST & ASSOCIATES 1401 Quail Street Newport Beach, California 92660-2748 LEGAL DEscRIPTION · October 10, 1986 JN 23018/4L5 LANDSCAPE HAINTENAN~E AREAS IN TFLACT NO.'~3~':~ .... Those portions of Lots 26 through 35, 37 through 40, 50, 51. and Lot "E" (South General Kearny Road) of Tract No. 20735-6 as shown bn a map thereof filed in Book 164 , Pages 10 through 15 .of Haps in the Office of the County Recor e~-'F-~-trthe County of Riverside, Sta~e of California, described as follows: BEGINNING at the northwesterly corner of'said Lot 26, being a point in the southerly line of said Lot "E"; thence along the westerly line of said Lot "E" North 16'31'37" West 6.00 feet; thence parallel with said southerly lin~ of Lot 'E" North 73°28'23" East 361.50 feet to the beginning of a curve concave southerly and having a radius of 1151.00 feet; thence along said curve easterly 1152.13 feet through a central anole of 51021'08' to the southeasterly line of said Lot "E"; thence radial from said curve, along said southeasterly South 40°49'31" West 6.00 feet to the most easterly corner of said Lot 51; line thence along the southeasterly 'line of said Lot'51 South 30012'00" West 13.32 feet to a point on e non-tangent curve concave southwesterly and having a radius of 880.00 feet, a radial line. of said curve from said point bears South 43°13'14" West; thence along said curve northwesterly 332.72 feet through a central angle of 21°39'48" to the northwesterly line of said Lot 50 and a point on a non-tangent curve concave southerly and having a radius of 1131.00 feet, a radial 'line of )aid curve f~om said point bears South 24°08'27" West; thence along said curve westerly 144.90 feet through a central angle of 7°20'26"; thence radial from said curve North 16°48'01' East 2.00 feet to a point on a non-tangent curve concave southerly and having a radius of 520.00 feet, a radial line of said curve from said point bears South 19°39'20" West; thence along said curve westnrly 231.81 feet th~'ough a central angle of 25°32'29, to the northwesterly line of said Lot F7; EXHIBIT 'A' Page I of (, Pages Robert Betn, William Frost & Associates Landscape Maintenance Areas Intract Ho. 20735-6 October 10, 1986 JN 23018/4L5 thence non-~angent from said curve North 31°47'00" West 20.00. feet to a point on a non-tangent.curve concave' southerly and having a radius of B40.00 feet, a radial line of. said curve from said point bears South 0°58'36" East; thence along said curve westerly 93.38 feet through a central angle of 6022'09" to the westerly line of said Lot 35; thence North 37°58'30" West g.82 feet; thence South B0°44'42" West B6.2B feet to the westerly line of said Lot 34; thence North 47°06'39" West 9.62 feet; thence South 75°40'52" West 87.99 .feet to the westerly line of said Lot 33; thence North 5g°55'47" West 10.20 feet; thence South 71°57'3g" West 75.10 feet to .the westerly line of said Lot 32; thence North 62°54'29" West 10.74 feet; thence South 68°25'27" West 62.44 feet to the westerly'line of said Lot 31; thence North 65030'56" West 10.98 feet; thence South 68005'55" West 61.98 feet to the Westerly line of said Lot 30; thence ~orth 63~30'42" West 11.31 feet; thence South 67°40'01"' West 62.04 feet to the westerly line of said Lot 29; thence Horth'62°03'05" West 11.44 feet; thence South 68°17'00" West 62.05 feet to the westerly line of said Lot 28; thence North 61°45'30" West 11.49 feet; thence South 6g°27'33" West 61.gl feet to the westerly line of said Lot 27; thence North 61°15'0B" West 10.48 feet; thence South 72°25'11" West 41.67 feet to the beginning of a tangent curve con- cave southeasterly and having a radius of 25.00 feet; thence along said'curve southwesterly· 38.05 feet through a .centrJl angle of 87°12'11"; EXHIBIT 'A' Page 2 of 6 Pages Recorded JI r~u~t or,,nd rclurn [o: Dcp,,rlmcnt o1' Lluildin~ $crvic,'~ RP~! Pr61~rly M~n,,~emen! Division Riverside, Calirorn~ 92507 FREi': R F. CORI)ING 'fhi~ i.slrm.c.I is for Ihc hcncfi! of the Cmmty .r Rivcrsidc nnd is cntillcd to ~ recorded without roe. (Govt. Codc 0103). Parcd: Pro.~ccI: EASE~IICNT DICED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The Villages Community Association, a non-profit mutal benefit corporation ("GRANTOR"), hereby grants and conveys to the City of Temecula Community Services District ("GRANTEE"), together with the right to further grant or transfer the same to others, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing equipment and landscaping within the boundaries of that certain real property as identified in Exhibits "A" through "D",' attached hereto and incorporated by reference herein. If Grantee, or its governmental entity successors or assigns determines it is unable, incapable, or unwilling to maintain said easement, maintenance shall, after notice, become the responsibility of Grantor, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assigns of the Grantor. 17-12/87 THE VILLAGES COMMUNITY ASSOCIATION A Non-Profit Mutual Benefit Corporation Dated STATE OF CALIFORNIA) ) ss COUNTY OF RIVERSIDE) On ~. /J 1990 appeared before me, the undersigned a Notary Public in and for said State, personally appeared: Donald Jenkins and Jeri Witt, known to me to be the persons whose names subscribed to the within instrument and acknowledged that they executed the same. i .......~':'~ ..........OFFICIAL S'£~'1- .......... !/~=~..~.'~ GAYLA A. ROGERS i ~ NOiARY PUBLIC - CALIFORNIA i~.~] PRINCIPAL OFFCE: IN '~Y ORANGE COUNTY MY COMMISSION EXPIRES MAR. ]9, 1993 WITNE~ and official taryPublic seal CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within deed to the COUNTY OF RIVERSIDE, a political corporation and/or governmental agency, is hereby accepted by order of the Board of Supervisors on the date below and the grantee consents to the recordation thereof by its duly authorized officer. Date Recorded at requcat of and return Department of Building Services Real Property Ma,mgeme,~t Division 3133 7th St,'ect Riverside, Califoruia 92507 FREE RECOI~,DING This instrument is for the benefit of the County of Riverside and is eutitled to be recorded without fee. (Govt. Code 6103). Parcel: Project: 4~it~%~'!' !)!~i~1! profit mutual benefit corporation ("Grantor") GRANTS to the City of Temecula Community Services District, a body corporate and politic, the real property in the City of Temecula, County of Riverside, State of California, described as: 1. Lot 48 of Tract 21672-2, as per map recorded in Book 183, Pages 78 - 82, of Maps, in the Office of the County Recorder of Riverside County. The Villages Community Association No. Two, a Non-Profit Mutual Benefit Corporation Presiden~ STATE OF CALIFORNIA ) ~ ',, -,,:..r,:.~ :~,~ ' On J ~ / ~] ] ~ ~~' '~ '~~'~ Nota~ Public in . before me, the undersigned, a and for said State, personally appeared ~t~ C ~~~ to be th~,p~rson ,~ whose name I ~'- that / ~ executed the same. , known to me subscribed to the within instrument and acknowledged WIT, N~~.my hand a~d~ial seal. Notary Public CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within deed to the COUNTY OF RIVERSIDE, a political corporation and/or governmental agency, is hereby accepted by order of the Board of Supervisors on the date below and the grantee consents to the recordation thereof by its duly authorized officer. Date 8 S. 900-005 {t2-87] . Robert Bein, William Frost and Associates CSD - Landscape Maintenance Easement Tract No. 21675-5 May 22, 1990 JN 23923-M9 Page 2 of 2 thence along said prolongation North 30'58'13" West 6.00 feet to the POINT OF BEGINNING. CONTAINING: 0.03 Acres, more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. ~ t.S. 3527 ' ~ EXP. 6.30-92/ Lawrence L. Bacon, L.S. 3527 ~' ~ ~ ~- ~ ". · .~._ _ - ~ _ _ , ~ · .. ~.~ ~..~", COMMUNITY SERVICES DISTRICT N~~ ~ben ~ei~,~illi~ ~Fost ~ssociat~ ~ND$CAPE MAINTENANC~ EA$EM~ ~RO~SS~O~L ~$~U~RS, P~NERS ~ SURVEYORS TRACT NO. 21675-5 ITEM NO. 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD MARCH 26, 1991 A regular meeting of the Temecula Community Services District was called to order at 8:02 PM. PRESENT: 5 DIRECTORS: Birdsall, Lindemans, Moore, Parks, Mufioz ABSENT: 0 DIRECTORS: None Also present were City Manger David F. Dixon, City Attorney Scott F. Field and June S. Greek, City Clerk. PUBLIC COMMENTS None given. CSD BUSINESS 1. Minutes It was moved by Director Parks, seconded by Director Moore to approve the minutes of March 12, 1991, as mailed. The motion was carried by the following vote: AYES: 5 DIRECTORS: Birdsall, Lindemans, Moore, Parks, Mufioz NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None Sports Park Ballfield Lightin9 Project- Phase II Shawn Nelson, Director of Community Services, introduced the staff report. It was moved by Director Birdsall, seconded by Director Moore to award contract to Assured Electrical Contractors Inc., for the Sports Park Ballfield Lighting Project- Phase II. 4/Minute s/0326g 1 - 1 - 04/03/g 1 CSD Minutes The motion was carried by the following vote: AYES: 5 DIRECTORS: Birdsall, Mu~oz NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None March 12, 1991 Lindemans, Moore, Parks, COMMUNITY SERVICES DIRECTOR REPORT None given. CITY,4 TTORNEY REPORT None given. DIRECTORS REPORTS Councilmember Lindemarts requested the matter of naming La Serena Park be referred to the Parks and Recreation Commission for recommendation. Director Parks requested an update on park acquisition within the next 60 days. ,4DJOURNMENT It was moved by Director Moore, seconded by Director Birdsall to adjourn at 8:10 PM. The motion was unanimously carried. ATTEST: June S. Greek, City Clerk J. Sal Mu~oz, President 4/Minutes/032691 -2- 04/03/91 ITEM NO. 3 APPROVAL CITY ATTORNEY CITY MANAGER TO: FROM: DATE: SUBJECT: TEMECUI A COMMUNITY SERVICE DISTRICT AGENDA REPORT City Manager/Board of Directors Mary Jane Henry, Finance Officer~ April 9, 1991 Balance Sheet as of January 31, 1991 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Seven Months Ended January 31, 1991 RECOMMENDATION: That the Board of Directors: Receive and file the Balance Sheet as of January 31, 1991 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Seven Months Ended January 31, 1991. 2. Adopt Resolution 91- to appropriate $20,000 for consulting services. DISCUSSION: The Consulting Budget was inadvertently cut during the mid-year budget review process. The above amendment restores the budget to the appropriate amount. Please see the attached financial statements for explanations regarding financial activity. ATTACHMENT: Balance Sheet as of January 31, 1991 Statement of Revenues, Expenditures and Changes in Fund Balance for the Seven Months Ended January 31, 1991 Resolution 91-__ to amend FY 91 Operating Budget CSD RESOLUTION NO. 91- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AMENDING THE FISCAL YEAR 1990-91 CSD BUDGET TO APPROPRIATE $20,000 FOR CONSULTING SERVICES The Board of Directors of the Temecula Community Services District does resolve, determine and order as follows: SECTION 1. That the FY 1990-91 Annual Budget of the Temecula Community Services is hereby amended to appropriate $20,000 from Fund Balance to Consulting Services. SECTION 2. That the City Clerk shall certify the adoption of this Resolution. APPROVED, PASSED AND ADOPTED, this 9th day of April, 1991. J. Sal Mufioz, President ATrEST: June S. Greek, City Clerk [SEAL] 4\Rea~153 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 91- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 9th day of April, 1991 by the following vote: AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: 4\Ream~ 153 0 u~ ~ ILl II II II II II ~o II o~ II ~ II ~, II II I-, II I1 It II II II ~o II o II II .~ II II ~ II II II ~ II o II oD II ~ II ~ II II ~ II II II '- II ~ II I~ II ,,D II -. II II ~ II m II 00o~ ~oo~o ~oo~o o ~4 o ~ ~ o ~ o o o ~ ~ ~o~ ~ ~oo ~ ooo o~ 0 ~ 0 0 0 ~: ~- (I) m I-'- I ~o~0 oo0oo~0 m ~D {-,. I t~ 0 0 (0 ~mmxmmmm ~-~ ~~.. m mmm ~ I ~ I I ! 0 I I-'- m 0 II II II II II ~ II I.-, II ", II II II ~ II - II ~ II ~:) II II II II II II II ~ II I-, II - II II ,,.1 II II - II ~ II II II 0 0 L-~ L~ m ~ 0 0 I1) 0 0 0