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051491 CC Agenda
AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING TEMECULA TEMPORARY COMMUNITY CENTER- 27475 COMMERCE CENTER DRIVE MAY 14, 1991 - 7:00 PM TEMECULA COMMUNITY SERVICES DISTRICT EXECUTIVE SESSION: 6:30 PM - Closed Session pursuant to Government Code Section 54956.8 regarding acquisition of real property located in Wolf Valley from the Colina Vista Homeowners Association end to consider potential litigation pursuant to Government Code Section 54956.99(c). Next in Order: CALL TO ORDER: Ordinance: No. 91-13 Resolution: No. 91-44 Invocation Pastor Gary Nelson, Calvary Chapel Flag Salute ROLL CALL: Councilmember Moore Birdsall, Lindemens, Moore, Mur~oz, Parks PRESENTATIONS/ PROCLAMATIONS Transit Appreciation Day - May 15, 1991 California .Peace Day - May 19, 1991 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 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. 21leeride/061491 1 06/09/91 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. CONSENT CALENDAR I 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 3 4 Minutes RECOMMENDATION: 2.1 Approve the minutes of April 23, 1991, 1991 as mailed. Resolution Aoorovin~j 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 Combined Balance Sheet as of March 31, 1991 and Statement of Revenues, Ex;)enditures and Chanaes in Fund Balance for the Nine Months Ended March 31, 1991. RECOMMENDATION: 4.1 Receive and File Report 4.2 Adopt a resolution entitled: RESOLUTION NO, 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 1990-1~91 BUDGET TO ACCOMPLISH A BUDGET TRANSFER AS DETAILED IN ATTACHMENT A 2/aelnd~061401 2 06/Oe~01 7 8 9 2/Ige~dl/061401 Final Tract Mao 24131-1 Located on the northwest corner of Meadows Parkway and Leena Way RECOMMENDATION: 5.1 Approve Final Tract Map No. 24131-1, subject to the conditions of approval. Final Tract MaD 24133-4 Located south of Amarita Way and west of McCabe Drive RECOMMENDATION: 6.1 Approve Final Tract Map No. 24133-4, subject to the conditions of approval. Final Tract MaD 24134-F Located on the northeast corner of Margarita Road and Santiago Road RECOMMENDATION: 7.1 Approve Final Tract Map No. 24134-F, subject to the conditions of approval. Final Tract MaD 24135-1 Located on the north east corner of Margarita Road and Pio Pico Road RECOMMENDATION: 8.1 Approve Final Tract Map No. 24135-1, subject to the conditions of approval. Final Tract MaD 24136-1 Located south of Montelegro Way and east of Margarita Road RECOMMENDATION: 9.1 Approve Final Tract Map No. 24136-1, subject to the conditions of approval. 05/0e/~1 10 Release of Faithful Performance Warranty Bonds for Tract 18518-3 RECOMMENDATION: 10.1 Authorize the release of Faithful Performance warranty Bonds for street, water system and sewer system improvements for Tract No. 18518-3. 10.2 Direct the City Clerk to so notify the Clerk of the County Board of Supervisors 11 12 Acceot Public Imorovements in Tract No. !9872-1 RECOMMENDATION: 11.1 Accept the public improvements in Tract No. 19872-1 and authorize the reduction of street, sewer and water Faithful Performance Bonds. 11.2 Accept the replacement bonds for reduced amounts. 11.3 Approve the subdivision agreement rider. 11.4 Direct the City Clerk to so notify the Clerk of the County Board of Supervisors. Accept Public Imorovements in Tract No. 19872-2 RECOMMENDATION: 12.1 Accept the public improvements in Tract No. 19872-2 and authorize the reduction of street, sewer and water Faithful Performance Bonds. 12.2 Accept the replacement bonds for reduced amounts. 12.3 Approve the subdivision agreement rider. 12.4 Direct the City Clerk to so notify the Clerk of the County Board of Supervisors. 13 City of Temecula Street Banner Program RECOMMENDATION 13.1 Direct staff to pursue the street banner program and return with final costs, program development, budget identification and exact installation locations. 211gend~/0614e 1 4 06/Oe/~ 1 14 15 16 Public Imorovement Bond Reduction - Tract No. 21765 RECOMMENDATION: 14.1 Accept the public improvement in Tract No. 21765 and authorize the reduction of street, water system and sewer system Faithful Performance Bond amounts. 14.2 Approve the subdivision agreement rider and guaranty agreements. 14.3 Accept the Faithful Performance Maintenance guaranty bonds. 14.4 Direct the City Clerk to so notify the Clerk of the County Board of Supervisors. Coooerative A¢]reement with CalTrans - Construction of Rancho California Road !-15 Imorovements. RECOMMENDATION: 15.1 Authorize the Mayor to execute the cooperative agreement in substantially the form of the attached agreement, subject to the approval of the City Engineer and City Attorney as to form. Memorandum of UnderstandinQ - Costco RECOMMENDATION: 16.1 Approve a Memorandum of Understanding with Costco. 17 Adoorion of Resolution Authorizinq Chanqes in Employee Benefits and Salaries RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE CAFETERIA BENEFITS PLAN. 2/Nendl/061481 6 06/09,11 18 Procedures for Adoption of Develooment and Pre-ennexation Agreements RECOMMENDATION: 18.1 Approve a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REGARDING DEVELOPMENT AGREEMENTS, PRE-ANNEXA TION AGREEMENTS, AND THE PROCEDURES FOR CONSIDERATION THEREOF 19 City Particioation in the Temecula Economic Develooment Corooration RECOMMENDATION: 19.1 Authorize an expenditure of $10,000 for two (2) memberships in the Temecula Economic Development Corporation. 20 City Suooort of Temecula Valley Chamber of Commerce RECOMMENDATION: 20.1 Authorize an amount, not to exceed $16,450, for financial support to the Chamber of Commerce for the balance of Fiscal Year 1990-1991. SECOND READING OF ORDINANCES 21 Ordinance Reoealing and AddinQ Sections to the Temecula Municipal Code Establishing Vehicle and Traffic ReQulations RECOMMENDATION: 21.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 91-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING PORTIONS OF THE NON-CODIFIED RIVERSIDE COUNTY ORDINANCES AND ADDING CHAPTER 12. 08 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING REGULATIONS RELA TING TO VEHICLES AND TRAFFIC 2/igendl/061401 8 06/0g/81 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. 22 Revised Vestinq Tentative Tract Mao No. 23267 RECOMMENDATION: 22.1 Adopt an Addendum to EIR No. 281. 22.2 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP NO. 23267 TO SUBDIVIDEA 169 ACRE PARCEL INTO 601 SINGLE FAMILY RESIDENTIAL LOTS AND 5 OPEN SPACE LOTS LOCA TED ALONG THE SOUTH SIDE OF HIGHWAY 79 BETWEEN PALA AND MARGARITA ROADS AND KNOWN AS ASSESSOR'S PARCEL NO. 926- 016-002, 003, 012. 017, AND 025 23 Change of Zone No. 5 RECOMMENDATION: 23.1 Adopt the Addendum to EIR No. 281 for Change of Zone No. 5 23.2 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CHANGE OF ZONE NO. 5 TO CHANGE THE ZONING ON 221.2 ACRES OF LAND FROM R-R (RURAL RESIDENTIAL) TO R-3, R-4 AND 4-5 ALONG THE SOUTH SIDE OF HIGHWAY 79 BETWEEN PALA AND MARGARITA ROAD KNOWN AS ASSESSOR'S PARCEL NO. 926-016- 002,003,012, 017 AND PORTIONS OF 926-016-025 21,0~,~0614el 7 06/00/01 Change of Zone No. 5 (Continued) 23.3 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 91- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE OF ZONE APPLICATION CONTAINED IN DEVELOPMENT PERMIT NO. 5, CHANGING THE ZONE FROM R-R (RURAL RESIDENTIAL) TO R-3, R-4 AND-5 ALONG THE SOUTH SIDE OF HIGHWAY 79 BETWEEN PALA AND MARGARITA ROADS AND KNOWN AS ASSESSOR'S PARCEL NO. 926-016- 002, 003, 012, 017AND PORTIONS 0F926-016-025. 24 Adoorion of National Electrical Code. 1990 Edition and the Uniform Administrative Provisions for the National Electrical Code. 1990 Edition with Certain Amendments RECOMMENDATION: 24.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 91-19 24.2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE, 1990 EDITION, WITH CERTAIN AMENDMENTS AND THE UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODES, 1990 EDITION WITH CERTAIN AMENDMENTS. Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SETTING FORTH THE LOCAL CONDITIONS UPON WHICH A DETERMINATION HAS BEEN MADE BY THE CITY.COUNCIL THAT MODIFICATIONS TO THE 1990 EDITION OF THE NATIONAL ELECTRICAL CODE ARE REASONABL Y REQUIRED BY LOCAL CONDITIONS WITHIN THE CITY OF TEMECULA. 21~genda/OE 1481 S 25 Adootion of Ordinance Pertaining to Advertising Reaulations and Establishing Regulations for the Use of Ambient Air Balloons and Other Similar Inflatables RECOMMENDATION: 25.1 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 91- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF ORDINANCE NO. 90-04 PERTAINING TO ADVERTISING REGULATIONS FOR THE USE OF AMBIENT AIR BALLOONS AND 0 THER SIMILAR INFLA TABLES 26 Chanae of Zone No. 12 RECOMMENDATION: 26.1 Adopt A Negative Declaration for Change of Zone No. 12. 26.2 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CHANGE OF ZONE NO. 12 TO CHANGE THE ZONING ON 41.6 ACRES OF LAND FROM A-2-20 (HEAVY AGRICULTURE) TO I-P (INDUSTRIAL PARK) AND R-5 (OPEN AREA) A T THE NORTHWEST CORNER OF MARGARITA ROAD AND SOLANA WA Y AND KNOWN AS ASSESSOR'S PARCEL NOS. 921- 909-007 AND 921-090-080. 26.3 Introduce and read by title only an Ordinance entitled: ORDINANCE NO. 91- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE OF ZONE APPLICATION CONTAINED IN CHANGE OF ZONE NO. 12, CHANGING THE ZONE FROM A-2-20 (HEA VY AGRICUL TURE) TO I-P (INDUSTRIAL PARK) AND Ro5 (OPEN AREA) ON PROPERTY LOCATED ON THE NORTHWEST CORNER OF MARGARITA ROAD AND SOLANA WAY. 2/agenda/061491 O 06/09/91 27 Ordinance to Provide for Exoedited Abatement of Hazardous VeQetation From Vacant Lots or Parcels RECOMMENDATION: 27.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 91-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA AMENDING CHAPTER 6. 14 AND ADDING CHAPTER 6. 16 TO THE TEMECULA MUNICIPAL CODE TO PRO VIDE FOR EXPEDITED ABATEMENT OF HAZARDOUS VEGETATION FROM VACANT LOTS OR PARCELS COUNCIL BUSINESS 28 Location of Temecula Unified School District Bus StoraQe Facility (Placed on the agenda at the request of Councilmember Lindemans) 29 Traffic Study - Avenida De La Reina RECOMMENDATION: 29.1 Direct staff to prepare a traffic engineering study addressing traffic conditions on Avenida De La Reina between Rancho California Road and Rancho Vista Road. 29.2 Authorize funds in the amount of $12,500 to conduct the study. 29.3 Consider the Traffic Commission recommendation to install a four-way stop sign at Avenida De La Reina and Corte Alhambra/Corte Arroyo Vista. 30 Selection of General Plan Consultant RECOMMENDATION: 30.1 Approve the selection of 'The Plannine Center as the consultant to prepare the City's General Plan. 30.2 Direct staff. to prepare a contract for approval by the City Council. 2/agenda/061451 10 05/09/91 31 Entitlement of Lake Elsinore to the Citv of Lake Elsinore (Continued from the meeting of March 26, 1991) RECOMMENDATION: 31.1 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE DESIRE OF THE CITY OF LAKE ELSINORE TO ACOUIRE AND EXERCISE JURISDICTION OF THE LAKE 32 Main Street Revitalization Committee (Placed on the agenda at the request of Mayor Pro Tem Birdsall) 33 Pass-throuqh Aqreement with the County of Riverside RECOMMENDATION: 33.1 Approve the agreement entitled "Agreement between the Redevelopment Agency Of the County of Riverside, County of Riverside Asset Leasing Corporation, the City of Temecula and the Redevelopment Agency of the City of Temecula for reimbursement and distribution of tax increment funds from the Temecula Redevelopment Project", in substantially the form presented, subject to approval as to form by the City Manager and City Attorney. CITY MANAGER REPORT CITY ATTORNEY REPORT CITY COUNCIL REPORTS ADJOURNMENT Next regular meeting: February 5, 1991, 7:00 PM, Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, California 2/lOinde/061401 11 06/09/91 , TEMECULA COMMUNITY SERVICES DISTRICT MEETING - (To be held at 8:00) CALL TO ORDER: ROLL CALL: PRESENTATIONS & PROCLAMATIONS: PUBLIC COMMENT: DISTRICT BUSINESS President J. Sal Mur~oz DIRECTORS: Birdsall, Lindemans, Moore, Parks, Mur~oz Anyone wishing to address the Board of Directors, should present a completed pink 'Request to Speak' to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. Minutes RECOMMENDATION: 1.1 Approve the minutes of the meeting of April 23, 1991 as mailed. 2 Acceptance of Easement Deeds for Slooe Maintenance RECOMMENDATION: 2.1 Accept easement deeds for slope maintenance, street lighting, and median services and a grant deed for a five (5) acre undeveloped lot proposed as a future neighborhood park site for the TCSD. 3 Statement of Revenues and Exoenditures for the Nine Months Ended March 31.1991 RECOMMENDATION: 3.1 Receive and file report. 211OendM)614Ol 12 06/00/01 4 Temecula Community Services District Capital Improvement Plan - FY 1991-92 RECOMMENDATION: 4.1 Discuss and if desired, approve a Parks and Recreation Capital Improvement Plan (CIP) for FY 1991-92 COMMUNITY SERVICES DIRECTOR'S REPORT BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next regular meeting May 28, 1991, 8:00 PM, Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING CALL TO ORDER: ROLL CALL: Mayor Ronald J. Parks presiding AGENCY MEMBERS: Birdsall, Lindemans, Mu~oz, Parks Moore, PUBLIC COMMENT: Anyone wishing to address the Agency, should present a completed pink 'Request to Speak'to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. AGENCY BUSINESS Election of Chairoerson of the Redevelooment A=encv At this time the Mayor, acting as temporary chair, will entertain motions from the members of the Agency to select the President to preside until the end of calendar year 1991. 2 Election of Vice Chairoerson of the Redevelopment Aqencv At this time the newly elected President will entertain motions from members of the Agency to select the Vice President to preside until the end of the calendar year. 21eoe~de/OE1481 13 OE/08/~ 1 3 4 5 Minutes RECOMMENDATION: 3.1 Approve the minutes of the meeting of April 23, 1991 as mailed. Ordinance Providina for the Time and Place of Temecula Redevelooment Aqencv Meetinas. RECOMMENDATION: 4.1 Adopt an ordinance entitled: RDA ORDINANCE NO. 91- AN ORDINANCE OF THE TEMECULA REDEVELOPMENT AGENCY PRO VIDING FOR THE TIME AND THE PLACE OF REDEVELOPMENT AGENCY MEETINGS Pass-throuqh Agreement with the County of Riverside (Continued from the meeting of May 7, 1991) RECOMMENDATION: 5.1 Approve the agreement entitled, "Agreement between the Redevelopment Agency of the County of Riverside, County of Riverside . Asset Leasing Corporation, the City of Temecula and the Redevelopment Agency of the City of Temecula for reimbursement and distribution of tax increment funds from the Temecula Redevelopment Project", in substantially the form presented, subject to approval as to form by the Executive Director and General Counsel. EXECUTIVE SERVICES DIRECTOR'S REPORT AGENCY MEMBER REPORTS ADJOURNMENT: Next regular meeting May 28, 1991, 8:00 PM, Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, CA 2/egindWO61481 , 14 oE/oe/e 1 PROCLAMATIONS & PRESENTATIONS Proclamation The City of Temecula WHEREAS, the nation is celebrating National Transportation Week from May 12-18, 1991; WHEREAS, transit is a vital component of the fabric of society both nationally and in Riverside, California; WHEREAS, transit helps conserve energy, reduce pollution, and relieve congestion in Riverside, California; WHEREAS, transit provides mobility for all, including the young, old, disabled and poor who depend upon it; WHEREAS, The Riverside Transit Agency is providing safe, clean, efficient and effective service for the people of Riverside County. NOW, THEREFORE, the City Council of the City of Temecula hereby proclaims Wednesday, May 15, 1991 to be "Transit Appreciation Day" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this 14th Day of May, 1991. Ronald J. Parks Mayor June S. Greek City Clerk 1825 THIRO STREET · RIVERSIDE, OA 92507-3484 · BUS. (7t4) 684~)850 FAX (714) 684-1007 April 16, 1991 Mayor Ron Parks City of Temecula PO Box 3000 Temecula, CA 92390-4631 Dear Mayor Parks: This year the transit ir~ will again celehrat~ Transit Appreciation Day on May 15, 1991, as a highlight of National Transportation ;;~.~_k, May 12-18, 1991. Tnis day of celebration was established three years ago by the United States Conference of Mayors, The National League of Cities and the American Public Transit Association to focus attention on public transit in general by honoring transit systems and employees who each day provide safe, efficient and courteous public transportation services to their c~,,~nities throughout North America. We are requesting that your city council proclaim Wednesday, May 15, as Transit Appreciation Day in Temecula. Enclosed is a sample proclamation. We w~uld be very appreciative of this gesture. We would appreciate your mailing the proclamation to REA so that we can display it to our employees when we recognize them on May 15. Also, I w~uld like to invite you to join us at our Transit Appreciation Day breakfast which will be held on Wednesday, May 15, 1991, from 7:00 a.m. to 9:00 a.m. at our agency, 1825 Third Street, in Riverside. If you can confirm your attendance with our office by April 26, we will be able to inform the invited m~mbers of the media of your participation. I hope we can count on the support of your city to make this event a great success. Please let me know if we can provide any further information about this event. sincerely, Susan J. Hafner General Manager cc: City Clerk Proclamation The City of Temecula WHEREAS, the California State Legislature has resolved, and the Governor has proclaimed, that all persons, institutions, and communities set aside the third Sunday in May as Peace Day, in recognition that peaceful resolution of conflict, mutual understanding and good will are ways to a just and lasting peace; and WHEREAS, our world has gained a new recognition of our interrelatedness and interdependence and has begun new attempts to achieve peace through collective security; and WHEREAS, it is important that all citizens take this opportunity to rededicate themselves to a world free from violence and war and work to accomplish peace, security, justice, and dignity for all people; and WHEREAS, 1991 California Peace Day "Discovering Our Common Ground: MANY PATHS TO PEACE" is a day of tribute to the importance of unity within diversity, as people live and work together toward a lasting peace in our world; WHEREAS, all citizens can be part of the peacemaking process through our daily actions and commit to promoting peace in our community, which is reflected in the acts of governments and organizations and, most particularly, in the minds and hearts of each of us. NOW, THEREFORE, the City Council of the City of Temecula hereby proclaims May 19, 1991 to be "California Peace Day" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this 14th Day of May, 1991. Ronald J. Parks Mayor June S. Greek City Clerk Dear Mayor: City ef Santa Cruz MAYOR AND CITY COUNCIL April 29, 1991 CONTACT: Peace Day Project 180 7th Avenue, Suite 107 Santa Cruz, CA 95062 (408) 475-0207 I am writing to invite you to join with the many cities that will proclaim California Peace Day on Sunday, May 19, 1991. This is the third year that our State Legislature will pass a resolution recognizing the third Sunday in May as Peace Day and urging each city and county to 'set aside some part of the day toward the promotion and recognition of the peaceful resolution of conflict through mutual undersLa,ding and good will." In 1989, the first Peace Day in California was proclaimed by Governor Deukmejian, who emphasized that 'California, whose diverse people represent a nation within a state, has proven that diversity is . . . a strength that can be directed to peaceful ends." It is anticipated that this year Governor Wilson will carry on this popular tradition. In 1990, more than 100 California cities and counties, representing 50% of the popu- lation of California, proclaimed our second statewide Peace Day. Also in 1990, the Governors of Alabama, Alaska, Arkansas, Florida, Illinois, Maryland, Massachusetts, Mississippi, Pennsylvania, and Rhode Island joined California in proclaiming Peace Oay. The theme for this year's Peace Day celebration in Santa Cruz is 'Many Paths To Peace." Peace Day will be an opportunity for the community to thank the many service organizations, schools, businesses, and government agencies that work diligently every day for a safe and healthy community. Peace Day will stand as a day of tribute to the importance of unity within diversity, as we live and work toward a lasting peace in our world. For the past two years, Peace Day Project (PDP), a non-profit educational organiza- tion, has coordinated the recognition of California Peace Oay. In 1990 PDP was one of tan organization~ throm~hnut the world to be appointed a United Nations 'Peace Messenger" by Secretary General Javier Perez de Cuellar, in recognition of its contribution to peace at the local level. For information, contact the Peace Day Project at 1BO Seventh Avenue, Suite 107, Santa Cruz, CA 95062, Telephone (408) 475- 0207. Please let Peace Day Project know how your city will celebrate. Recent world events make this an especially appropriate time to proclaim and celebrate Peace Day in your community. Please join us in celebrating on May 19, 1991. Warmest regards, Jane Yokoyama Mayor SU 1U4AYOJt \LETTER\PEACEDAY. LTR ITEM NO. 1 ITEM NO. 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD APRIL 23, 1991 A regular meeting of the Temecula City Council was called to order at 6:33 PM at the Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, California. Mayor Ron Parks presiding. PRESENT 4 COUNCILMEMBERS: Lindemarts, Moore, Mu~oz, Parks ABSENT: I COUNCILMEMBERS: Birdsall Also present were City Manager David F. Dixon, City Attorney Scott F. Field, and Acting Deputy City Clerk Susan W. Jones. EXECUTIVE SESSION Mayor Parks declared a recess to an executive session pursuant to Government Code Section 54956.9 to discuss pending litigation regarding SB2557, and to discuss potential litigation pursuant to Government Code Section 54956.9(b). The meeting was reconvened at 7:30 PM in regular session by Mayor Parks. INVOCA T/ON The invocation was given by Pastor George Simmons, Temecula Valley House of Praise. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Councilmember Peg Moore. PROCLAMATIONS AND PRESENTATIONS Mayor Parks proclaimed May 11, 1991 "Operation Homecoming Day" to honor the armed forces of the United States for their bravery and patriotism. Robert J. Fitch, 5811 Argyle Way, Riverside, announced a year-long celebration commencing on or about July 1,1992, to celebrate Riverside County's 100th birthday. He invited the City Council to provide suggestions for Centennial activities. PUBLIC COMMENT James Marpie, 19210 St. Gallen Way, Murrieta, asked that the Council move to implement water retention techniques before further construction makes the process more difficult. Minutes\04\23\91 -1- 04/30/91 City Council Minutes April 23, 1991 CONSENT CALENDAR Councilmember Mu~oz requested Item No. 6 be removed from the Consent Calendar. He asked on Item No. 7 if the one year maintenance period has passed. Doug Stewart, Deputy City Engineer, stated the required maintenance period has expired and the physical inspection revealed no problems. For these reasons, Mr. Stewart stated he feels comfortable recommending the release of bonds. Councilmember Linderoans congratulated Tim Serlet and Gary Thornhill on their appointments as Director of Public Works and Director of Planning, and in reference to Item No. 3, asked staff to make sure that, after the May 13, 1991 hire date, Wildan is not be paid for the services of these two individuals. Councilmember Lindemarts stated he would abstain from Item No. 10 due to a conflict of interest. It was moved by Councilmember Moore, seconded by Councilmember Lindemans to approve Consent Calendar Items 1-5 and 7-10. Councilmember Lindemarts abstained on Item No. 10, and the motion to approve that item was seconded by Councilmember Mu~oz. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Birdsall Standard Ordinance Adoption Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes 2.1 Approve the minutes of April 9, 1991 as mailed. Minutes\04\23\91 -2- 04/30/91 City Council Minutes 3. Resolution Approvinq List of Demands 3.1 April 23, 1991 Adopt a resolution entitled: RESOLUTION NO. 91-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT o City Treasurer's Report for Month Ended March 31, 1991 4.1 Receive and file report. Resolution Recognizinq Riverside County Law Enforcement Museum 5.1 Adopt a resolution entitled: RESOLUTION NO. 91-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECOGNIZING THE RIVERSIDE COUNTY LAW ENFORCEMENT MUSEUM AS AN AUTHORIZED REPOSITORY FOR RIVERSIDE COUNTY HISTORICAL MATERIALS RELA TED TO LAW ENFORCEMENT AND PUBLIC SAFETY Release of Bonds - 9833-3 7.1 Authorize the release of Faithful Performance Warranty Bonds, Monument Bond and Materials and Labor Bonds for Tract 9833-3. 7.2 Direct the City Clerk to so notify the Clerk of the Board of Supervisors. Release of Bonds - Tract 9833-F 8.1 Authorize the release of Faithful Performance Warranty Bonds, and Materials and Labor Bonds on Tract No. 9833-F. Waiver of Permit Fees - BirthriQht 9.1 Approve the waiver of permit fees to cover the annual rummage sale held by Birthright as their major fund raiser. Minutes\04\23\91 -3- 04/30/91 City Council Minutes 10. Ordinance Amending Zoning Pertaining to Specific Plan No. 291 April 23, 1991 10.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 91-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING ZONING ORDINANCE NO. 90-04 PERTAINING TO ORDINANCE NO. 348.2919 (SPECIFIC PLAN NO. 219) AS IT RELATES TO ZONING The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Birdsall ABSTAIN: I COUNCILMEMBERS: Lindemans Resolution in Support of Senate Bill 169 Councilmember Mu~oz expressed concern over supporting a resolution which basically is a tax increase on vehicle registration. Councilmember Lindemans stated he is also in opposition to this motion on the grounds that the City does not have enough information. Mayor Parks stated he believes the citizens of Temecula desire the Council to look into alternate ways of raising funds, instead of the proposed bookings fees that would be a financial burden on the City. He stated this is researched and supported by the League of California Cities and he is in favor of this resolution. Councilmember Linderoans moved to deny the motion. The motion died for lack of a second. Rick Sayre, Chief of Police, stated that the cost to the City of Temecula, based on this coming year's booking fees, would be $100,000. He stated the crises at the State level is being passed on to the local level, and it is his understanding that without alternatives to raise revenues, these booking fees would be implemented. Minutes\04\Z3\91 -4- 04/30/91 City Council Minutes April 23, 1991 It was moved by Councilmember Mu~oz, seconded by Councilmember Moore to adopt a resolution entitled: RESOLUTION NO. 91-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, SUPPORTING SENATE BILL 169 WHICH REPEALS THE PROVISIONS OF SB-2557 AND ENSURES THE PROTECTION OF CITIES FROM THE STATE BUDGET PROCESS The motion was carried by the following vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: Moore, Mu~oz, Parks 1 COUNCILMEMBERS: Lindemans 1 COUNCILMEMBERS: Birdsall PUBLIC HEARINGS 1 1. Adoorion of Vehicle and Traffic Ordinance Police Chief Rick Sayre introduced the staff report. Councilmember Lindemans stated he received a call from Commissioner Steve Sanders who stated this ordinance is not complete. It does not contain provision for bike paths, cross walks, etc. Captain Sayre stated this is not intended to be a total solution, however it is the first step in the process. Mayor Parks asked if this would prevent vendors from operating at a parade or special event. City Attorney Field stated that staff is working on a Special Events Ordinance which would address street vendors as part of that event. Mayor Parks opened the public hearing at 8:10 PM. Having no requests to speak, Mayor Parks closed the public hearing at 8:10 PM. Minutes\04\23\91 -5- 04/~0/91 Citv Council Minutes April 23, 1991 It was moved by Councilmember Moore, seconded by Councilmember Lindemans to read by title only and introduce an ordinance entitled: ORDINANCE NO. 91-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING PORTIONS OF THE NON-CODIFIED RIVERSIDE COUNTY ORDINANCES AND ADDING CHAPTER 12.08 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING REGULATIONS RELA TING TO VEHICLES AND TRAFFIC The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Birdsall RECESS Mayor Parks called a recess at 8:10 PM to accommodate the scheduled Community Services District Meeting. The meeting was reconvened following the Community Services Meeting at 8:47 PM. 12. Appeal No. 10, Doubletree Suites SiQn Gary Thornhill, Director of Planning, stated the proponent has asked for a continuance on this item. Mayor Parks opened the public hearing at 8:50 PM. It was moved by Councilmember Moore, seconded by Councilmember Lindemarts to continue the public hearing to the meeting of May 28, 1991. The motion was unanimously carried with Councilmember Birdsall absent. Hearing no objections from Council, Mayor Parks reordered the agenda to consider Item No. 20, due to the large number of citizens requesting to speak on this item. 20. Reconsideration of Zone Change No. 5748 and Tentative Tract MaD 25980 Gary Thornhill, Director of Planning, introduced the staff report. Mr. Thornhill announced this item is scheduled to be heard at the Planning Commission meeting of May 20, 1991, and the purpose of this item is to take public input. Hinutes\O~\23\91 -6- 0~/30/91 City Council Minutes April 23, 1991 It was moved by Mayor Parks, seconded by Councilmember Moore to reconsider Zone Change No. 5748 and Tentative Tract Map 25980. The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Moore, Mu~oz, Parks NOES: I COUNCILMEMBERS: Lindemarts ABSENT: I COUNCILMEMBERS: Birdsall City Attorney Field reported that the purpose for hearing public input at this time is to aid staff in preparing interim hillside standards until the general plan can be completed. Mayor Parks stated he is concerned that there are methods, to develop a hillside, which are aesthetically pleasing and which Council has not yet examined. He said he did not want to make it impossible for property owners to build a home. Larry Markurn, 41750 Winchester, Ste N, representing the applicant, stated he has requested continuing this item to May 28, 1991, to allow it to go before the Planning Commission on May 20, 1991. He said several property owners are present to voice their concerns regarding a Ridgeline Policy. Joe Schneider, 29951 Camino del Sol, asked that the property owners be involved in a workshop to develop a policy before a draft ordinance is proposed. He further stated that none of the ridgeline is in the City's limits, nor is it in the City's Sphere of Influence. Diane Scott, 29751 Via Santa Rosa, stated that she is concerned that if development is halted on the ridgeline it will become a place where teenagers come without supervision, therefore causing safety problems. Betty Joe McFerson, 40650 Calle Torcida, voiced her opposition to the City developing a Ridgeline Policy, stating that SWAP, instituted by the County of Riverside, is still fairly new, and is quite restrictive. She stated that if any further conditions are placed on this property is will become too expensive for land-owners to build on their property, thus causing a loss of their investment. Nick Laytart, 41780 Asteroid Way, said he is also opposed to the City instituting a Ridgeline Policy. Ernest Cords, 11207 Silver Buckle Way, San Diego, stating he is against any policy that would prohibit him from developing his 20 acre parcel. He reported his property is currently zoned CPS-Commercial. Minutes\04\23\91 -?- 04/30/91 City Council Minutes Mayor Parks stated this matter will be heard on May 20, 1991 Commission and encouraged all those interested to be present. April 23, 1991 by the Planning It was moved by Councilmember Moore, seconded by Mayor Parks to receive and file the staff report. Councilmember Lindemarts stated he was not in favor of reconsidering this item and therefore would vote "no". Councilmember Mu~oz stated he was not in favor of this item and would also vote "no." The motion failed by the following vote: AYES: 2 COUNCILMEMBERS: Moore, Parks NOES: 2 COUNCILMEMBERS: Linderoans, Mu~oz ABSENT: 1 COUNCILMEMBERS: Birdsall 13. Appeal No. 11, Second Extension of Time - Parcel Map 22629 Councilmember Lindemans stated he would abstain from consideration of this item due to a conflict of interest. Gary Thornhill, Director of Planning, and Doug Stewart, Deputy City Engineer, introduced the staff report. Mayor Parks opened the public hearing at 9:33 PM. LaJoe Howard, 27851 Bradley Road, #140, Centennial Engineering, Inc., representing the applicant, stated this project was originally submitted to the County of Riverside and was lost in the transfer to the City of Temecula. He explained that an extension of time would not have been necessary if the paperwork had not been lost and had not had to be resubmitted. He requested that this appeal be granted. Lewis S. Lohr, 1779 E. Florida Avenue, #D-l, Hemet, Centennial Engineering, Inc., representing the applicant, distributed revised conditions of approval to the Council and asked for consideration. Mayor Parks called a one minute break to change the tape at 9:44 PM. The meeting was reconvened at 9:45 PM. Mayor Parks stated he believes the applicant is only interested in building a house on this property and any further action would require a public hearing. He stated he is in agreement with the applicant improving his half of the roadway. Minutes\04\23\91 -8- 04/30/91 City Council Minutes April 23, 1991 Councilmember Moore expressed her concern for overturning the decision of the Planning Commission. She also stated she is concerned that half roads are dangerous. Doug Stewart, Deputy City Engineer, stated that the applicant did discuss all these issues with the Planning Commission, however the Planning Commission has been requiring more than the mean requirements. He asked the Council for a policy decision on this issue, stating staff's original recommendation was for approval. Mayor Parks closed the public hearing at 9:58 PM. It was moved by Councilmember Mur~oz, seconded by Mayor Parks to uphold Appeal No. 11, Second Extension of Time, Parcel Map 22629 with the following additional condition of approval presented by the applicant: Revised Engineering Condition No. 11 to read as follows: "Condition No. 8 of County Road Letter, dated September 4, 1987, shall be superseded by the following: a. Fuhrman Court (Via Telesio) shall be improved with 24 feet of asphalt concrete paving on aggregate base to a structural section as determined by a registered soils engineer within a 60 foot dedicated right-of-way. The street improvements shall not be accepted into the City maintained street system until fully upgraded to conform to county Standard No. 105, Section "A" (60'/36'). Asphalt concrete berm shall be constructed along both sides of the street. b. Fuhrman Court (Via Telesio) shall terminate with an asphalt concrete offset Cul-De-Sac, with a turning radius of 34 feet, lined with asphalt concrete berm in accordance with Riverside County Standard No. 800 (A). c. The developer shall waive all rights to protest the formation of an assessment district to construct improvements to Green Tree Road. Interim transition paving from Green Tree Road to Fuhrman Court (Via Telesio) shall be as directed by the City Engineer." Revise Engineering Condition No. 10 by substituting "asphalt concrete berm" for "curb and gutter". Revise Condition No. 17 in County Conditions to "All lots created by this land division shall have a minimum area of 1.11 acres gross". Minutes\04\23\91 -9- 04/30/91 City Council Minutes The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Birdsall April 23, 1991 14. ABSTAIN: 1 COUNCILMEMBERS: Lindemans Extension of Interim Zone Ordinance No. 90-08 Pertaining to Regulations for Outdoor Advertisinq DisplaYs Planning Director Gary Thornhill introduced the staff report. It was moved by Councilmember Moore, seconded by Councilmember Mu~oz to extend the meeting until 10:45 PM. The motion was unanimously carried. City Attorney Field stated that if approved, staff could come back with an amendment that would provide for an exemption procedure so that special cases could be heard. Mayor Parks opened the public hearing at 10:10 PM. Having no requests to speak, Mayor Parks closed the public hearing at 10:10 PM. It was moved by Councilmember Mudoz, seconded by Councilmember Moore to waive further reading and adopt urgency ordinance entitled: ORDINANCE NO. 91-17 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECUI A, CALIFORNIA, EXTENDING INTERIM ZONING ORDINANCE NO. 90- 08 PERTAINING TO REGUI A TIONS FOR OUTDOOR ADVERTISING DISPLAYS PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE SECTION 65858(B) AND MAKING FINDINGS IN SUPPORT THEREOF; and further directed staff to return with an exemption amendment within 45 days. The motion was carried by the following vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Lindemarts, Moore, Mudoz, Parks 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Birdsall Minutes\04\23\91 -10- 04/30/91 City Council Minutes COUNCIL BUSINESS April 23, 1991 15. 16. Report on Underqrounding of Utilities Doug Davies, Southern California Edison Company, made a presentation regarding undergrounding of utilities. He outlined cost factors, importance of transmission lines vs. distribution facilities, and problems associated with undergrounding transmission. He also gave the City Council an update on present undergrounding methods and a map showing where current lines exist. Councilmember Lindemans asked if undergrounding of utilities is included in Assessment Districts 159 and 161. Mr. Davies stated that this is not included in the assessment district and to order this type of cable would take 18 months. Councilmember Lindemans requested that the possibility of including this in the assessment districts be put on calendar. City Attorney Field stated this would be an addition of a major improvement and Council has already approved the joint financing agreement, however if action is desired, it should be taken in the very near future. City Manager Dixon stated staff could have a report on this issue in a couple of weeks. Emergency Implementation of Street Repair Proqram Mark Ochenduszko, Assistant City Manager, introduced the staff report. Mr. Ochenduszko introduced Jim Condry, Maintenance Supervisor, who will be coordinating the street repairs. It was moved by Councilmember Lindemarts, seconded by Councilmember Moore to approve staff recommendations as follows: 16.1 Authorize staff to continue to employ a project employee entitled maintenance supervisor for the remainder of the fiscal year. 16.2 Authorize staff to continue to contract for street repair services with a private contractor on an emergency basis (as directed at the City Council meeting of April 9, 1991) through the remainder of the fiscal year or until the emergency condition is resolved, whichever occurs first. 16.3 Direct staff to develop a street repair program for FY 1991-92 and to propose such a program during FY 1991-92 budget review sessions. Minutes\04\25\91 -11- 04/30/~1 City Council Minutes The motion was carried by the following vote: April 23, 1991 AYES: 4 COUNCILMEMBERS: Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Birdsall 17. Adoorion of Hazardous Vegetation Ordinance Tony Elmo, Chief Building Official, introduced the staff report. It was moved by Councilmember Mu~oz, seconded by Councilmember Lindemans to read by title only and introduce an ordinance entitled: ORDINANCE NO. 91-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA. CALIFORNIA. AMENDING CHAPTER 6. 14 AND ADDING CHAPTER 6. 16 TO THE TEMECULA MUNICIPAL CODE TO PRO VIDE FOR EXPEDITED ABATEMENT OF HAZARDOUS VEGETATION FROM VACANT LOTS OR PARCELS The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Birdsall It was moved by Councilmember Moore, seconded by Councilmember Lindemans to schedule second reading and a public hearing for May 14, 1991 to hear any objections to the adoption of this ordinance. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: I COUNCILMEMBERS: Lindemans, Moore, Mu~oz, Parks None Birdsall Minutes\04\23\91 -1Z- 04/30/91 City Council Minutes April 23, 1991 18. Appointment of Two Planning Commissioners - Terms Commencing June 4, 1991 City Manager Dixon introduced the staff report. Councilmember Mu~oz objected to staff recommending appointment of commissioners, stating this is a Council function. He stated he would like to have a procedure implemented for reappointment of commissioners. Mayor Parks called a brief recess to change the tape at 10:44 PM. The meeting was reconvened at 10:45 PM. It was moved by Councilmember Moore, seconded by Councilmember Mu~oz to extend the meeting until 11:15 PM. The motion was unanimously carried with Councilmember Birdsall absent. City Manager Dixon stated staff could prepare a procedure for Council consideration. Councilmember Moore stated she felt comfortable with the appointment of these two Commissioners for a second term but would be in favor of developing a procedure for reappointing commissioners in the future. It was moved by Councilmember Lindemans, seconded by Councilmember Moore to approve Council recommendation to reappoint Commissioners Chiniaeff and Hoagland to a new term of office. Councilmember Mu~oz stated he would like to be fair to all Commissioners and would be in favor of waiting until a policy is in place before supporting this reappointment. The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Lindemarts, Moore, Parks NOES: 1 COUNCILMEMBERS: Mu~oz ABSENT: 1 COUNCILMEMBERS: Birdsall Councilmember Lindemarts stated that the Planning Commission was formed first, and asked that Councilmember Mu~oz reconsider his vote, allowing time to institute a policy for the reappointment of Commissioners. Minutes\O4\Z3\91 -13- 04/30/91 City Council Minutes 19. 21. 22. April 23, 1991 Councilmember Mu~oz amended his vote to "yes", making the vote as follows: The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Birdsall Final Tract Map No. 21067 - Located East of Jedediah Smith Road and Southerly of State Highway 79 Doug Stewart, Deputy City Engineer, introduced the staff report. It was moved by Councilmember Lindemans, seconded by Councilmember Moore to approve Final Tract Map No. 21067, Amended No. 3 subject to the conditions of approval. The motion was unanimously carried with Councilmember Birdsall absent. Reconsideration of Zone Chanqe No. 5748 and Tentative Tract MaD 25980 Mayor Parks moved to reconsider this item. The motion died for lack of a second. Television and Radio Transmittinq Antenna Follow-up Report Gary Thornhill, Director of Planning, introduced the staff report. Mr. Thornhill stated staff is seeking direction from staff before drafting this ordinance. Councilmember Mu~oz requested that staff obtain copies of the ordinance from Irvine, San Marcos and Palm Springs to aid in this process. Mayor Parks stated that aesthetics are very important and would like to see antennas that were well screened and somewhat obstructed from site. It was moved by Councilmember Lindemans, seconded by Councilmember Mu~oz to direct staff to prepare a draft ordinance and bring to Council in 60 days following direction from the Planning Commission. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Birdsall Minutes\O4\Z3\91 -14- 04/30/91 City Council Minutes April 23, 1991 23. Consideration of National Electrical Code, 1990 Edition, and the Uniform Administrative Code Provisions for the National Electrical Code, 1990 Edition with Certain Amendments Tony EImo, Chief Building Official, introduced the staff report. It was moved by Councilmember Mu~oz, seconded by Councilmember Lindemans to read by title only and introduce an ordinance entitled: ORDINANCE NO. 91-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE, 1990 EDITION, WITH CERTAIN AMENDMENTS AND THE UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODES, 1990 EDITION WITH CERTAIN AMENDMENTS. The motion was unanimously carried with Councilmember Birdsall absent. It was moved by Councilmember Moore, seconded by Councilmember Muhoz to schedule second reading of the ordinance and set the matter for public hearing on May 14, 1991. The motion was unanimously carried with Councilmember Birdsall absent. 24. Riverside County Habitat Conservation Agency Fund Use Recommendation Mayor Parks introduced the staff report. He reported that currently funds for endangered species cannot be used for any studies except Steven's Kangaroo Rat (K- rat). He recommended that the intent is to have the ability to use mitigation fees to evaluate all endangered species, not just one specific animal. It was moved by Councilmember Lindemans, seconded by Councilmember Moore to approve Mayor Park's recommendations as follows: 24.1 Advise the Riverside County Habitat Conservation Agency that the City Council concurs with a proposed study to evaluate other endangered species, through the use of K-rat funds placed with the agency. 24.2 Direct staff to prepare an ordinance change to establish the use of collected K-rat fees to include mitigation fees for other endangered species. Minutes\O4\Z]\~l -15- 04/50/91 City Council Minutes The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: 25. April 23, 1991 Lindemans, Moore, Mu~oz, Parks None ABSENT: I COUNCILMEMBERS: Birdsall Consideration of the Financial Impacts of SB-2557 City Manager Dixon requested continuing this item to the meeting of May 7, 1991. It was moved by Councilmember Moore, seconded by Councilmember Lindemans to continue this item to the meeting of May 7, 1991. The motion was unanimously carried by Councilmember Birdsall absent. It was moved by Councilmember Lindemarts, seconded by Councilmember Moore to extend the meeting until 11:30 PM. The motion was unanimously carried by Councilmember Birdsall absent. RECESS Mayor Parks recessed the general meeting at 11:20 to a meeting of the Temecula Redevelopment Agency. The meeting was reconvened following the Temecula Redevelopment Agency Meeting at 11:21 PM. CITY MANAGER REPORTS None given. CITY ATTORNEY REPORTS City Attorney Field requested the meeting be adjourned to an executive session on May 7, 1991, at 5:00 PM at City Hall to discuss pending litigation and personnel matters pursuant to Government Code Sections 54956.9 and 54957. CITY COUNCIL REPORTS Councilmember Lindemans, as liaison for the Public Safety Commission, read a statement requesting the matter of the location of the Temecula Unified School District bus storage facility be placed on the agenda of May 14, 1991. He further requested staff research developing a sign program for the Auto Park, similar to those found in Norco and Ontario. M i nut es \04\;)~\91 - 16- 04/]0/91 City Council Minutes April 23, 1991 Councilmember Mu~oz requested that regulations be developed to assure that property in the development stages is kept clean and free of debris. Councilmember Moore requested staff review the sign ordinance of the City of Irvine. She also presented the Council with an example of an agenda from Huntington Park, and commented on the efficiency of their meeting. Mayor Parks stated he attended meetings in Sacramento and wants the Council to be aware that the State is in a serious budget crises and is requesting recommendations for solutions. He stated the City needs to be aware of this and be cautious in its upcoming budget process. ADJOURNMENT It was moved by Councilmember Moore, seconded by Councilmember Lindemans to adjourn at 11:33 PM, to a meeting on May 7, 1991, executive session at 5:00 PM- City Hall, regular session to follow at the Temporary Temecula Community Center at 7:00 PM. The motion was unanimously carried with Councilmember Birdsall absent. ATTEST: Ronald J. Parks, Mayor June S. Greek, City Clerk Hinutes\04\23\91 -17- 04/30/91 ITEM NO. 3 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 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 $684,612.63. SECTION 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 14th day of May, 1991. ATTEST: Ronald J. Parks, Mayor June S. Greek, City Clerk [SEAL] 3/Resos 172 Z 0 0 0 0 0 0 0 ~ Veno=? ~ame Invoice Date F'/O Da:m ~escrlotlon .~vo,,~.2 v4,,~,9, CAPTAIN ~ross O. 00 529.41 .......... Check ,~0~."~ ~,~I[519! CABCiLD: ~LiFOFSN[A B~iLDING i~TRY 040S91 05/09/91 05/¢~/91CO~E.~¥ 9-!7 Cnec~ Totals: ~5.(~ 1,617.20 - -0.00 ......... ~;41' - 0.00 ~75.00 O.C~ T;5.00 ;'06~i8 0;/~191 ?C~SMA?~ GE~ TL~:MAN¥ 041091 04/10/91 O~ecX n~nn.,.~, ~,~ FqSE CF S~!M£ FOR STTL~iT 1.617,20 ~-, ;. ~Y 0.~ L6i7.20 O. ® ~2~. 59 ~1!91 04/11/91 C~/!I/9~ RE~6?~ FOR ~ES:PAIE 4/!/91 ?~e~ Totals: .06S2~ 04/1819~ 'CC~JNTY~ COL~NTY SUPSVISORS A~. "04189!' ~/01/?! ' ¢~101/9! ~S!ST.~X~NF.MAY 1-15 113.00 i15.00 ~0.~ 0,00' 629;59 0.00 !I5.00 0.00 115.00 0.00 250.00 ~ 04/!8/91-~J~ZJS J. ~ "~' MUNu~ ¢~1191 04/'24/9i ?~eck Totais: ,34/24~9i CASH ~VA~E;CONF.APR!L ~ ~ .... Ov O. C<~ 250,00 200, O0 O. O0 2~30.00 .s~S25 04/iB/91W!N~OR2 ~!hLC. r'S~B P~TN~ 041691 05/01/9! · . ~,.~, ~SENTS CBsc~ TotaLs: 05/01/9l i~? F:~NT:SU]~ 102 Cn~i: To:ats: C¢/ig/9! F~E~£ ESTATE '~NF. M~Y iV 2~.00 O.~J 2~0.00 930.00 0.00 930.00 ~.00 0.00 ~,00 95, O0 O, 'O0 95, O0 20, O0 O, 93 20, O0 41991 - O~ ec I,' TotaLs: BR~ ~' 04112/91 04/12/9~ DEFqD4SiT ON PINS: CITY SEA~ 20.00 o.o0 2O.W 50.00 0.00 50.00 }o550 04/19/91 'Cnecx To:als: THE GAEBu~R GROUP ~/17/91 04t!7/9I F~D~'.SEE~'.NC~,~R 90' 50,W 0.00 50,00 1,500.00 0.00 1.500.00 o~/19/91THOR~ffI: GARY 041991 :. f,30. O0 O. O0 : .500. O0 409. S,:. O. :-.'.(~ :09. ~.: O'WlL,/';::. D:;=:Oh:'A,'-2' F. 042 ? i %, ..': .' .' ?: E. J7.47 3,00 ~.75.~7 :-- - :7,-- rtame invoice Da:e F'/G Date ))~8~4-~t2;/9[-STATEC~ STATE '~ATi~ 04159l 04/!5/9! ," ="'' 5,~o.47 0.00 0.00 5,~6.47 -- -- r~eck To,a,s. )0~ 04/25/9l COUNAUDI 'COUNTY O~ F~IV~Si~E 04~91 04/,~/9i 04/~19! ~ES TO ~ESS RO~S; ~ Totals: ))683~ 04/25/91 P~iF!CD P~C~FiC COAST ...... ~9]- 04t~19] 04/21/9] Ft~ASE OF T~SH .~C~'T.4/~ 2~%). O0 ~:'. 19 O. ~ 290. O0 0.00 i"~0. O0 0.~ ..... 60.19 ~6837 0412619! tCMA- ,~MA 042591 04125191 04/25/9! gLE ~,~SHF' &NE~;7/9~6/9] ............ Cneci: Totals: .06838 0~6~9~ DMV DEPARTMENT 07 MOTOR V:Jii"JLES 42691 0;118/9! "04/!8/91F.:F.- FOR DRIVERS TEST:CLASS '-~ecK To:ais: .,0'~) 0~/29/9i RA~HWTR 'd,~'SHO wATEr: -- 04269i 04/2U9i 04/2~/9i ~STR.~TR MTR~DEPOSiT: 4/26 .~.~84i 0~/29/91EDD 042991 :-~nsc;~ TotaLs: &MPuOYMENT ~EVF., ~MENT /-79.03 ~9.0,3 750. ¢0 750. 7.2'7. BO 0.00 ~}. 19 O, O0 779.0.3 O. W - 779.03 .... O.~J 55.00 O.W 55.00 O. :X~ 750. O0 o. (;.3 7~. ~0 O.,JO 7,277.~0 06845 05/01/9~, BENE=iT B~F~=!T AME~/CA 05114191 ALLCiTY 097! ~56 0957 A~ CiTY M~NABEMENT -- 04/07/91 0!53 031!4/9! TMFFIC CNTL S~V;4/7-4/~ 04/01/91 0153 03/14/91 ~'~iC CNTL ,.RV,3/24-4/6 04i01/9~ 04/01/~1T'~FFZC ~TL S~V. 7.~4 i .~5.50 i.~.30 4,462.60 ~.Z6i.56 ?O. 48 7.64 0.00 0.00 4,462.60 0.00 4,761.5~ O. CO 370.48 05/14/91 ~iED 112764 A~I~ BARRICA~ 03/15191 0164 C;n~l: losa~s: 03/11/9I F'~TAL:2 LiTE 9,!94.~; 0.00 ° ~ .... 04,'~,/9! 04/2"z,'91 ~E~EESHif DL:ES 5(K;'. O0 O. O0 5',>). O0 N.,B: - 04,~,9! -042591 ~/25/o' '"~' ' ~:?,~. '~,'iF. 5,'8-.:,/10 REi~8. L~ CO~.J?i3-N Cnec~ To~ais: i~. ~.0 i 94.7I 0.00 O. O0 0.00 0.00 ~4.31 194.71 ~,~.,v,90 )~ 0S/N/91 ~Sr~ SPO B,3N &='GETS ~558o7 (~/~41% ~2~ 0i/1i/9! ~eck To:als: T-~IRTS FOR TF_~¥i T~E~ ~-TT'F.~.EAD,ENVEL~ES~B-C,'~DS Cneo( To~ais: LINING MACHINE FOR SF~RTS FLD 1,70~.64 J4.15 0.~ 0.6,0 0.00 28.2~. 90 65.18 1,763.6~ : ,826.82 6Z4.15 - 24.570.:5 25.'~5.72 J.150. C9 0.00 0.00 ~4.13 24.570.15 ..... o~ 72 ~-J. ~,D, .~"7 ....' ....~ ' 043091 i)4/?'J/gl :54/TJ,"ol FEFUr~:F'LAN CMECK F~S:AFg:i. O. '-00 Jii. J 12t18/93 :989-442 05/i8/91 0i71 037i8/91 19S9-!66~ C~t¢~/91 917i 0Z/!8/91 N67-215~ oJ~./,, 0171 4Z15 0~121/91 017! 0L'18/9i ~ '-0~-~-'~m '- ,%, .~.'~ 05/i8/91 0!71 i467-5i6~ 05/29/91 017i 05/18/91 1~7-W4 04/12/9i 0!27 129i8/90 45!5-i645 n? ~4 ' 0!71 ~.,/,./% 0~/18/91 ..... -~,:, 03/14/91 0127 1211817~;, 4515-%32 05/i5/9! 0!27 !2/!8/90 i-10'0~-53 05/18/9! 0171 03/18/91 SS6-87R 02/!7/9! 0127 12/18/90 i467-7120 04/17/9i o127 12/18/90 !467-4~ 04/!7/9i 3i27 12/!8/90 i467-89i o~/16/91 0127 i2/~8/~) i467-816~ 04/i2/9i 0!71 05/!8/9i t%78i~ o4i12/% ~127 !2/i8/90 i0552 05/18/9i 017! i%7-:2523 0~,'2L'92 ~:27 NOT['~ OF PdBLiC u~ .....r POBL!C HEARING:4, N.P.M.A~7675;8976: 5/2i ~OTiCE OF PUBLIC HE~R~NG:5/1E ~OTZCE OF FI.r~LiC NOTICE ~ PUBLIC ',,-~iN6:5/:4 ~.P.m A~175~;47~; 5/!5 NOTI~ C¢ F~BLIC NOTI~ OF PU~iC H~ING:2/28 NOTICE OF ~lklC M~INS:2/i7 ~C~L AD:4/!7:7120:8216 NTC OF PUBLiJ H~R!K~; 4/12 F'dB~iS~ A~ ~3~. DO.-~ME~TS 05/!8/91 ~OTiS£ Oq PUBLIC HRG. 12/7/9i I~.~ .]2. '~ ;2.~ ..",2. ~. '97.Z.7 ~4.20 47.04 '2~. 5~ 4i.20 5,'J.85 57, 70 17.10 50, O. 00 16.66 ~. 7U i!J. iO 52, 4': 37.~ /,7.52 79,85 !47.04 39. ~i 55. ?5 5:: rJ~Se Venco? r~Jl~.. invoice Date F'/O Da:e Descr:~clon NSr. Check 05/14/91CH£~¥20N CHEVRON U.S.A. INC. ,.=v,.,~.o.., 04/01/91 04/01/91 8AS C~R: ~J: Tolais: 05/14/7I CO~PU C~N~ '~ RIV~SiOE/~'PklEH 180.67 379. 0.00 0.00 0. O0 O. CX) 0.00 I05.~3 !80.~7 i8% 67 4.J4 379,02 :565 05i!4/91 :~VL!N DAVLIN o=-zo-:7~' 0176 04/~/~ '89-23:77 05/06/91 01~ ~q-£~:~0 04/2~/91 0!85 .~-23:~8 0S/:3/9! 0!87 -- - 89-23:7~ 0~/07/91 0184 ~eck Tc:als: - AODiC F'RODUCTiON:~='Rik ~= P,,AN: ~O~tq, MTGS 516191 TRAGIC MT8814/24/9! ~-" .,.~IUN,~/,.~/.. CITY I~CIL MTS:MAY ~ & t4 I~.15 ii5.~3 115.oo 750.00 O. O0 0.00 385.42 1!5.00 - i'll. 15 i!5.00 -' 750.¢K~ CnecI: Tcsa~s: DESIGNER, DESIr~ 3518-B45 <~/08/9! ,n,~ 04/08/9! 3 ~!L ~]ODCRE~ ...... MAT 0.00 0.00 1.224.15 802.3i 03/~/9! REiMB.2~NC~ MTGS:3/!~-4/8 $92,5! O, 0.~) 802.3! ~7 5~ 186a C~t14/91 mJ.~ZJ ANTWONT ELMO 0425Si-~ ": .... Check ?'2.59 ?~ 09 508.54 0.00 0.00 0.00 ,n.,K Tosa!s: 04/15/91 PAO.'.],~C~.~ $~T: ~.~,:~o~ O.'-m4./'aJ PAO:~S SENT;4/4-4/5 8.%. 63 i8.00 0. O0 o. O0 Check Tota!s: :868 05/i4/9i FEEENANO FR~_,-MAN'S OFFICE PRODJCT8 i~778-0 03/29191 !¢~6 '¥""~'" ..... uc,~,-'~Vl 6FJiEPAL OFFICE SUF~'l 7.'c 0.'00 · ~,2.75 T6.80 '~a9 ":"" uu, ~6/¥1 G'~F'Z~ZTY TAD 042.~91 ¢~/01/91 ~6.80 0. ~ 05114/9! GO:.:'~'~ST 8r&r'¢J'4 .{~;~ TR~DI~5 '-'~. · -~w,? 04/!5/91 ..... L~ FOR i2304 ..~,~,'o, 100E6 ..,zm<,o, CO~TE=: FOR 5rERiF= 95.95 :.ilLiS i27."" I.f:82.70 0. C~9 O. O0 .:.115,13 127,80 j15.90 -:-'-.':' iCE=El - ; Z 'e.:;, Date Vendcr :~a~e Da=e P/C - ' ' 0409B1 05/05/9! ~.0© V · 22.00 0~,'0:/9: F'.~O~ B:.LL:MARCH & APR:L C~S 2LO0 0.00 0.00 · .",.04-~. 69 .... ,oo,~ 05,":4/9: GTEWA:S GTE ....... 559~- 0~t01,'9: 04/01/91 ~I,.'o~ ~A~$' ~' APRIL O~lOl/91 ..... W~.~At~ W~TTStr~ ~' J.0~6.6~ 26.~ ~,VV 0.00 -0,00 ' 5,r;46.89 1,586 00 0470~: 04/01/91 04J(~i-: 04i05/9: .... 1002 04/04/91 s~/~/91F'RC~:O~:. S~V. AF'RIL :.412.82 14.57 70,~0 84.97 9C,3.00 9W.00 0.00 O. 00 0.00 0.00 v, 0o 1,412.~ !4.57 70.40 ~.97 900.00 9~.00 :,SO0. O0 : :9.09 1, $QZ O0 :',)~87~ 05/1~/91 HO~LiN6S RUTH ~5,00 O, Oo 0.00 ~.00 :0~S77 05/1~/9:!~_A~D~2 INLAtC ~:SPOSAL, INC 20zo92e {W/Oi/9z 04/0!/91 ~.AE~d BI~IN6;SPORTS PARK '2x}5;:27 05/0~/9; 05/0~/9; MAY BD'.Z~3; S~ Hi&KS ~5.0© 49.~5 0,00 0.00 o. O0 O.t~ 65.00 ...~,.~,,. :3~/:4/9: :-~,,,,~e 50988 ~"~ ": 0155 ""~""~ .~,vl,V, ~,0.::. EE~ViCES THRU .50988 05/01/9i 0!~ 03/0i/9: SEqV:'~S T~u; DEC, 9'O-J~.e: 30987 03101191 g155 05/01,'91 c:~,utr~ ~'-, .n~r o(_~ -,, 50985 03f0i/9i 01~ 03/0i/9: E.~E~'iFJS T~Ro;~EC,90-J~.el :34 / t4,' :-}: O. O0 0.00 :}. 20,9'2 :27.59 O, 00 :?. 00 2e, 92 :27. 50. i; % (.,.':.:, ~1scoun: ;,0.~88~ 05/1~/9~ LYON LY0t~ ~: ....r=r=c - - 045091 04130191 FOR ~ !N~uO~'~,TE:8!%' ~eck Torais: M~¥N,S MAR!LYN'S CO~:~E SERVi'&E 04110/91 01~ ~'~ ~'~ .~, .~t~. CCE~,_E ~ERV. THRU - 052791 05192/91 Check: TosaZs: 031~191 REIffZ..SEM!NAR & MILEAGE:3/.~ ..,068~7 05/!4!91 M~UR:L~ ~,~rr-~ PRINTERS [~jrr~-' ~'RZNq' L50T4 04101191 i¢~96 04/01/9~ SECOND ~S, COMB~ ]~LACK .,':)5~0 05/14191 M'J~ANN :%?56 C~ecl: Tokai:: MC~_,ANN F'R~NTiN~ 'SERV[~S n ,n~ , ,.w/~r,~ APRIL ~l.'-'rr, r:. Caeci~ To:iLs: 043091 04/2~/91 04/2:/91FZZM~.Mi~AGE: 05/i4/9i MOBIL ~;r, 9JOJ79~2 C~/01/9: )6B?~ 05/N/91 PHC~EMAN THE P~-,.~E M~ J3.928 C~f!4/9i 10389 12976 i~102191 igll~ 12957, C~/01/91 I0101 Check To:ils: 04/03/~! D~T~LL Li;~ ~47, -L4BOR 04/01191 ~ i: ~ 0312~/?: ?HO~ LDES POLZSE D~'T:3125 )6~'5 ,S,O/i.W'r, ,'-:U,YCSiA~ ~"- ......-- -: 7~49-1 (~i!8i9! 90.:.26 Cbe:t; TotaLs; 02/07,5! CITY' ~CALS F~ FIRE iLS. 00 :. 800. O0 2i.50 2i.5u 2.~4.80 £. 534. SO 66. O0 ~6.00 J'4.14 3,1, N .',OJ. -~ 50J. 53 ~i. J2 61.J2 14o. 8 ~ 4~. 89 242.50 85,00 ~.00 20~. O0 470.8-3.. 470. 2:::0. OC .-'.::.:5 O. 00 0.00 0.00 0.00 0,00 - 0.64) 0.00 0.00 O. ,JO ,' 00 0. 0, O, ,"?.'- 0.00 '3.00 rj. O0 O. DO 0.00 O. 00 0. O.C<i j. ,"j:.: i,800.00 ..... :. 800. O0 21.50 2, ~'4.80 '2.334.85 ~6. O0 ~.00 703. ~ 14t. ?? 242.50 2~2.50 50. O0 75.00 2 JO. t:O :%898 0Z/14/9! R'A~-TE3 ~ame RAN-TEC rtdSBgR STAMP 04/16/91 lgi20 04,,~.,9, F'EE-ST'a~.? STR~F'S 041~191 "'~' " !240 04/01 ~eE)~ Totals: 0.00 O. O0 0.¢~) 0.00 78.17 209.S~ 6,4117191 !01~ ~e~k To~a~m: 04/!7/91. B,~,~TJ( & ~HiTE COPIES/PRI~S 20%99 0.~ 0.¢~ )6902 05/i4/91 RAN'~WTR ~:~ 0!31170052 04/01/9! 0i1500i0i2 0410i/91 0115015002 O,liO1191 100245~902 !~010~92 (~/0!/91 100~16~02 04t01/9! ..~4 ........,. ,~/~ /~ IO'-~Z~02 ~c"q~A~O°~ 04/0I/9! 0D6272~32 ...... ~. ¢~/0!/91 0107~00781 04/0i/91 :)107700772 "~ ¢ ' o~0%%55o ,'~,, n~,,~:, 04/01191 Oi~; 7000;2 04/01 O1117~%.022 0~,'~/91 0I l: 700052 04/0i/91 oi~ i7000~'2 0,/0~/% O! 13290~2 ~/0i/91 0~" ~c,,nwm~ C~/0i/gl 04/01/9! 04/0!/91 6~/01/9! 04/0i/9! 04101/9! 04i01/91 <~/0~/9i ~/0!/91 04/01/9! 04/01191 04/01/91 04/0~t91 04/01/9! 04/01/92 04/01/91 04/01/91 04i0i/9! 04/01/91 0~/01/91 04i01/9! 04/01/9i 8J.90 32.97 49.00 ~.~8 48.20 ~5.J! 38.84 ~0.70 2:.~4 ~4.32 5~.i.3 ~7.~ 44.1i 0.00 0.00 O. O0 0.00 0.~ 0.00 O. O0 0.~0 0.00 O..:Y? V. 0.00 O, 00 0.00 0.'~ ,-J. O0 0.00 O.(/J O. O0 0.~ 29.56 8~, 90 · 2,~. 9, 49. O0 21.!9 48.20 8.3.31 21. ~4 e~+. -/,2 5!.eJ 51.i5 C~ec)~ Totals: ROBERT BROTI~TON AR~,~ 04/C~/91 0140 02/06/9! SF'RTS PRK:$P~CK BR 1,199.47 0,00 ' !99-. 47 ', ~2. '00 05/!4/91 :2882! :. 4.~£. O0 a.52- O. 00 4.52- O. JO O. if. VV 4.52- ?~541-: 04/0919L I001~ 94108-0 '~/!1/9~ 90~4~ ..... ~;5!-0 04/24/91 10142 04111191 94954-0 CM/!b/91 101.04 03/72.'/9! 95029%~ 041i7/91 1'~95 03/27191 ..... 94956~, ~/I7/91 !¢<94 949~-2 04/24/91 10094 04/05/91 94~6-i 04/17/91 10094 - 94973~ 0~/17/91 10119 ~15~, 05/02/91 10146 03/~/91 95149~ ~/~/91 101~ ,~907 ,25/14/9i ROREF;TS M'~IA E. R0~RTS -- 04C,?~1 04104191 ~A;_ ,~Fi~ .%',PPLIES 6~/~ GSP[CE SUPPLIES 6E~ OFFICE SUPPLiE~ -0FFi~ SZ~PP.!ES FINANCE ~iFFICE SUPPLIES ,'~ p~,~: ~Fi~ ~F~.IES F~; ~I~ ~ICE SU~.IES F~ BUI~ OFFI~ ~PPLiES FOR BUI~ ~FI~ ~O~TS 0~i~ ~FgL~ES Check< To:als: 04104191 ',r'-'., ~r ' .' . ~,~.CO~ .AF~I~ a-b 174.69 21.34 ~1.20 i99.~ 150.3I 5.31 1~.~ 79.76 2.0!2.29 0.00 0.~3 - 0,00 0,~¢' 0.00 0.~ 0.00 0.00 0.00 0.00 0.0C' i74.89 i~.04 50. Jl 5.3i iff2.05 ~ 64 79.76 2.0!!.29 .!$90~ 051!4/91 ~ ~l'~A; 042591-: 0510~i9i ,19':): 05/Ni91 Si~Ot:S CJleCK LEAGUE . LEAL-cE F~GiE, T'~TlO~: MAY "~in~~ '"""~ 04/05/91 ~z-:~? ': :~2.00 240.0D .~5,00 U.00 0.00 0.00 0. C%' ~.ll !62.00 78.00 240.C~ ~75. C0 ::9IV C5/1~/91 SiF~-ED SiR C~E~Y 04123191:009~ .5504 '~ .... ,,~ ..... i'0)75 04/17/91 1014~ 03/211E'i CORRECTION ....... FOR CITY' .575.0o .'.~, ~ 152.86 0.00 O. CQ 0,00 0.00 775. Ou :9!2-95114/9! ~0°9, O. ,-j~:, ~'~' **, ¥; SO C'~_-Z ~iF , . r~ itC. 345-74~ ~M/01/9! 04/01/9! ~5-7419 04/01/91 04101191 000~ C~/01/9i 10~I 05l.~/9! $45-742[ ~/0!/91 04/01/9! ~45-~C~ C~10i/9! C~/01/9! ~4~-7421 04/0!/91 04/01/9i 545-74i8 C~/0i/gl 45.15 54.59 27~.~8 42. G' ~9.79 0.00 O.Cx) 0.00 0.00 0.00 O. 00 0.00 42.72 45.15 186.JS 54.59 27.S. 58 *'.2.49 ~9.79 717.5,0 J.J95.41 O. c77,711~ j:}. £J 71,77 .... 203-~_~6 ¢¢10i/91 N105-18602 0410i/$2 v4/0l/9; 208'43,,55%9 04/01/91 04/01/91 ~0~-476~'~.9 C~/0!/91 ~/01/~I 53-!'~)9!7 04101/~ 04t0l/9: --- ~-750582 ~,'~/0i/91 04/01/~i 205~00825 04/01/9i 04/01/91 ~-689458 04/0i/91 -" 508-47~6i 04/01/91 04/0I/9i ~08-~95819 ~/01/91 04/01/9i 5~-426227 04/0t/9i 04/~i/9i ' - -~170Z6~ 04/01/9! ~/0!/Si Y7170599i7 v4/oi/9~ 208-404529 04/C~/9i 04/0i/9i - 508-;65420 04/01/~i ZO~-StV425 04/01/91 04~0i/~i Y..,v~ .... o4i01/91 04/01/9: Si-~? LIGHT CHRG: 2/%-3/51 STREET LIGHT CMRG; 2/25-3/3~ STR~"7 Li'~T CHRS; S~ L!6~ ~G; 2/28-3/3! ~ECT B!~:~RCH ¢~CT.Bi~: ~CH ~CT. Bi~;5/9-4/9 ~CT.BI~; =~CT. BI~; 5/i2-4/11 -~ST.Bi~; 5/9-4/9 E~CT.8~LL: 5/7-4/5 E~ST.B!~: 5/8-~/5 .5~. 10 · .',0. O0 39.23 36.60 ~.30 9.~3 9.30 520.74 '~5.19 9.00 8.70 340.4~ U, 0,00 0.00 O. 00 0.00 0.00 0.~]- - 0.00 o.C<~ 0.00 O.C~} O. O0 0.0~ O. 00 0.00 32,47 Z~9. ~0 ~0.00 ~9.23 9..7,0 9.~ 9.30 8.70 :5.55 340. ~9 585. O; 04/01/91 0.00 O. 00 :.577.75 041091 27.48 0.00 27.48 'Jne:l; To=iLs: "'~ ~ ....... 0.00 171.90 Cne~x .4 ~,,91 ¢~10i/91 ~C'RIL:LU~HEON ~£ALS 59.54 :i2.00 0.00 O. 0'3 i 12. . .'.:SZ': ',],5/14151 Check To~azs: ~t, iTED wAY OF ]'mE ~',~ 02,'2~/9: 02/279z ~OR~P~ PRYROL~ 03/!4/9~ ~3/I~/9: ~3~R~ F~YROLL 20.00 20.W 20.00 0.00 O. ,:;0 20.00 i-_:l J. ii.. :_: .... :. Ci:~ o* ~emecu[a CneJ~ Date Venoor Name Invoice Date F'/O Date Description Discount Net 05/14/91WESTERNM WESTERN CITY MAGAZINE 18056 04101191 50027 02/08/91 CLASS AD:CIIY ENGINEER:MAR. 225.00 0.00 225.00 ~,)6724 05/14/9! WHITECAP WHITE CAP F10598~ u5/14/91 WILLDAN 4003671 4004013 4005935 Check 1otais: 04/01/71 10130 02/17/9! ITEMS PICK-UP BUT NOT ON ORG ~eck Totals: WILLDAN ASSOCIATES 06/30/90 0613u/90 ON-GOING TRAF ENGIN. 03/01/91 03/0l/9i MAR~ ENGINEERI~ SERV. 03/01/91 03/01/~i ~RCH;F'LANNING SERV. C.0.33 02/01/9! 02/01/91FEB.E~SI)EERING SERV. C.0.33 225.00 O.~ - 225.04) 172.80 0.00 172.80 172.80 0.00 172.80 2,278.50 1~5.429.82 B7,634.83 190,654.76 0.00 2,278.50 o.00 195,429.82 0.00 B7,634.8~ u.~) 190,63q.76 'v6926 05/14/91 XEROX-2 Check Totals: XEROX C'~:PORHTION-BtLLINS 04,'03/91 ?OZJ7 02/14/~'! DARK INK:DEVELOFER:FUSER LU~E 475,~77.91 1,115.01 u. Og 475,977.91 u.00 1,113.01 ,_,5?27 05/14/9i ZC~F, OA/06/91 Cneclc Tosats: 04/06/~1F'YMT TO CONTRACTED TRAINER 1.113.01 260.00 O.00 t,li3.01 0.00 260.00 Cnecl: lotats: 260.~) 0.00 260.00 ReDoFt Totals: 764,801.31 0.00 764,BO1.J'.l ITEM NO. 4 APPROVAL CITY ATTORNEY ~'~jg;~;:= -~ FINANCE OFFICER-'----- - CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Mary Jane Henry, Finance Officer(~ May 14, 1991 Combined Balance Sheet as of March 31, 1991 Revenues, Expenditures and Changes in Fund Months Ended March 31, 1991 and the Statement of Balance for the Nine RECOMMENDATION: That the City Council: Receive and file the Combined Balance Sheet as of March 31, 1991 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Nine Months Ended March 31, 1991. Adopt Resolution 91- to transfer $10,720 from Engineering Consulting to Salaries and the related personnel accounts. DISCUSSION: The hiring of the City Engineer, effective May 13, 1991 justifies the budget transfer from consulting to salaries for the remaining fiscal year. Engineering Salaries were budgeted for the 1991-92 Fiscal Year. Please see the attached financial statements for explanations regarding financial activity. ATTACHMENTS: Combined Balance Sheet as of March 31, 1991 Statement of Revenues, Expenditures and Changes in Fund Balance for the Nine Months Ended March 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 A BUDGET TRANSFER AS DETAILED IN ATFACHMENT A The City Council of the City of Temecula does resolve, determine and order as follows: SECTION 1. amended to transfer Development Salary Attachment A. That the FY 1990-91 Annual Budget of the City of Temecula is hereby $10,720 from Community Development Consulting to Community and Wages, FICA Employer Taxes and Retirement as detailed in SECTION 2. The City Clerk shall certify the adoption of this Resolution. APPROVED, PASSED AND ADOPTED, this 14th day of May, 1991. Ronald J. Parks, Mayor A~ITEST: June S. Greek, City Clerk [SEAL] 4\Rcso~171 I 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 14th day of May, 1991 by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: June S. Greek, City Clerk 4\Reso~171 2 ATTACHMENT A BUDGET TRANSFERS TRANSFER:FROM::: A/C No. Descrip. Amount 001-163-999-42- Consulting 5248 $10,720.00 TRANSFER TO: A/C No. 001-163-999- 40-5100 001-163-999- 40-5104 001-163-999- 40-5102 Descrip. Salary & Wages FICA Employer Taxes Retirement TOTAL Amount $9,900.00 $ 145.00 $ 675.00 $10,720.00 4\Resoa171 3 >. ~ E 0 E 0 m ~ 0 m O0 0 ~ 0 ~ 000 4..) :> C: m 4J 'a · 0 C: m 0 m II t~ II 0 II ,-.I II ',. II I.~ II ~ II ,-I II ~ II 0', II II II II ~ II 0 II r"- II ,,. II (",i II u') II II II II II II II u') II ~1' II O~ II ,,. II o,i II II II II II II II II '~ II if'"' II (30 II ~ II ~ II ,-i II a3 II II II II II II t"'. II '~, II ,.-.I II ,.. II ~ II (',1 II i.~ II ',. II H II II II II I'~ II 0 II ~1' II ,,. II ~) II ~ II I'~ II '~ II ~) II II 4J 0 4J -,-I ,--4 -,.-I -,4 O~ 0 u~ O~ ~P 0 u~ 4J -,.4 0 0 · < 0 0 ~ ~P 0 0 II ~ II 0 II ,-I II ',- II u') II eO II ,.-I II ... II 0~, II II II II 0'~ II 0 II t'.. II - II o,I II u') II II II II II II II u'~ II ~1' II O~ II ,,. It ~ II II II II II II II II ',e II r'~ II (~) II ... 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II 0 II I~ II ~ II II II II II 0 0 I Z Z Z Z 0 Z ITEM NO. 5 CITY ATTORNEY FINANCE OFFICER~---- CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Engineering Department ~ May 14, 1991 Final Vesting Tract Map No. 24131-1 PREPARED BY: Douglas M. Stewart RECOMMENDATION: That the City Council approve Final Vesting Tract Map No, 24131-1 subject to the Conditions of Approval, DISCUSSION: Tract No. 24131 was originally submitted to Riverside County Planning Department on January 3, 1989. The Tentative Vesting Tract Map was approved by the Board of Supervisors on May 23, 1989. Final Vesting Tract No. 24131-1 contains 93 residential lots within 33.59 gross acres. The tract is located on the northwest Corner of Meadows Parkway and Leena Way. This tract is part of The Meadows Specific Plan (SP 219) and Development Agreement No. 4. The applicant is Bedford Properties. The following fees have been paid or deferred for Final Vesting Tract Map No. 24131-1: Signal Mitigation Fee (Deferred to Building Permits) Fire Mitigation Fee (Deferred to Building Permits) Stepben's K-Rat Fee (Paid) $ 13,950.00 37,200.00 65,500.50 A: 24131-1.FTM Requirement of Quimby fees (Park Fees) is not listed in the County of Riverside Conditions of Approval for Final Vesting Tract Map No. 24131-1, however, past City actions have determined that clauses within a development agreement provide latitude to require park fees. Staff is recommending adoption of a condition requiring payment of Quimby fees. This is not considered a new condition, but a clarification of existing requirements. The following bonds have been posted for Final Vesting Tract Map No. 24131-1: Faithful Labor and Performance Material Street and Drainage Water Sewer Survey Monuments $ 1,025,000.00 171,500.00 182,000.00 $ 36,000.00 $ 512,500.00 86,000.00 91,000.00 The following additional bonds have been posted for infrastructure improvements for all phases: Faithful Labor and Performance Material Streets and Drainage Water Sewer $ 681,000.00 251,000.00 46,500.00 340,500.00 125,500.00 23,250.00 FISCAL IMPACT: Not Determined. SUMMARY: Staff recommends that the City Council APPROVE Final Vesting Tract Map No. 24131- 1 subject to the Conditions of Approval and the following condition: The Quimby fee shall be paid as required by the City of Temecula Community Services Department. BY:ks Attachments: 1. Development Checklist 2. Location Map 3. Copy of Map 4. Conditions of Approval 5. Fees $ Securities Report A: 24131-1.FTM CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST Final Vestinq Tract Map No. 2~131-1 The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan (K-Rat) Parks and Recreation (Quimby) Public Facility ( Traffic Mitigation ) Public Facility ( Traffic Signal Mitigation ) Public Facility ( Library ) Fire Protection Flood Control (ADP) Condition of Approval Condition No. 26.b. Not Conditioned. See Staff Report N/A See Road Department Letter Dated 4/17/89, Item 22 N/A See Fire Department Letter Dated 2/24/89 Condition No. 14 A:24131-1.FTM 5 ,..il~; .. ~CAT.TI LAND USE TURF FAR~ RANCH VAC I VIC..INITY M^~-T~,^c-r No. DATE: dune 8, 1989 :IiVE:DiDE counc.u PLAnninc DEPARClaEnC TO: Road Building & $afet~ Flood Control Hea I th Fire Protection TENTATIVE VESTING TRACT MAP NO. 24131 Amd 1 SPECIFIC PLANS TEAM TheRiverslde County Board of Supervisors has taken the following actton on.the above r~fer~nced tentative vesting mp: x .&PPROVED tentative nap subject to the attached conditions (no watver request '----z~bmttted}. EEltIED tentative mp based on the attached findings. ~PPROYED tentative mp subject to attached conditions and DENXED request for --#atver of the ftnal nap. ___J~PPROV~ tentative nap and APPROVED request for waiver of the ftnal map. ~PROVED Extension of Tim to -'--prevlouslx approved conditions. subject to I~PPROYED Extension of Time to -'--prevtous1x approved conditions. subject to all ___~&1£DExtenston of Tim ~PPROVEOelthdrawal of tentative eap. /LOPROVED ginor Change to revise originally approved conditions as shown ----(attached). ~DEJ~Z~request for Minor Change. : _...APPROV~ Minor Ch4nge to vatve the ftnal map. Ver~ truly xours, RIVERSIDE COUNTY PLANNING DEPARTMENT lager S. Str~eeter, Planntng Director RIVERSIDE COUNTY Ron Goldman, Principal Planner ~OAO 0F.~. RTMENT 4080 LEMON STREET, 9TM FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787'6181 46-209 OASIS STREET, ROOM 304 INDIO, CALIFORNIA 92201 (619) 342-8277 Zc~ing Area: Rancho California Supervisorial District: First E.A. Number: 33433, 33470, 33383, 33469, 33434, 33413,- 33414 Specific Plan Section Vesting Tract Nos.: 24131 Amendment No. 1 24132 A~endment No. 2 24133 Amendment No. 1 24134 Amendment No. 1 24135 Amendment No. 1 24136 knendment No. 1 24137 ~mendment No. 1 Planning C~,,,~ssic~: 4-12-89 A~jenda Iten NO.: 5-4 1. ;~t~licant: Bedford Properties 2. Engineer: Pobert Bein, William Frost & Associates 3. Type of Request: 4. Location: To subdivide 698.1 acres into sev~n vesting tracts (24131, 24132, 24133, 24134, 24135, 24136, and' 24137) consisting of 2,529 residential 1 .~s and 100 open space lots/school sites. The tracts are located within the Meadows Specific Plan (NO. 219). The site is in the State Highway 79 corridor in the Rancho California area of Southwestern Riverside County. Specifically, the subject tracts are located east of Margarita P4/. and w~st of Butterfield Stage Rd., i~mediately north of Highway 79, and south of Pauba Rd. 5. Existing Zone: 6. Sui~ounding Zeroing: 7. Site Characteristics: SP, R-Pw R-A~ R-A-2 1/2, R-A-5, A-1-10, C-P-S The site of the subject tracts consists of rolling te~-~in except for the southern portion of the site, which is flat. The site has been used for dry fanning ~her~ the t~0ogzaphy permitted. With the exception of percolation pomds on a portion of Vesting Tract 24137, all of the site is vacant. Staff Report Vesting TractNos. 24131;%~endedNo. 1 24132 ~mendedNo. 2 24133~nendedNo. 1 24134 ]~nendedNo. 1 24135;~_ndedNo. 1 24136~mendedNo. 1 24137]~dedNo. I Pa~ 2 8. Area~~i~i~: e Cc~p~ensive General Plan Designation: 10. T~nd Division Data: The seven'subject v~sting tracts are located in South~stern Riverside County in the Rancho California area. Specific Plans, such as Vail Ranch (Specific Plan 223) and Redhawk (Specific Plan 217) to the South as w~11 as approved tracts to the east. LAND USE: Adopted Specific Plan No. 219 24131 ~md. No. 1 105.4 15,22 24132 Amd. No. 2 90.2 30,31,32 24133 Amd. No. i 163. 16, 19,20,21 24134 Amd. NO. i 91.2 18,33,34 24135 14~d. NO. I 83.5 17 24136 Amd. NO. i 99.8 8 24137 Amd. No. I 64.3 1, 2-a TOTALS 698.1 11. ;~3enc%? Beo~,,,~ation: Tract No. 24131 ;maidmerit No. I Road Dapertme~t: D~malth De~t: Flood Co~trD1: Fire DeparU~_nt: Builr~4ng ~ ~y: 3-07-89 3-20-89 3-27-89 2-27-89 1-18-89 4-14-89 O~ SPACE SIN~R FAMILY ~CIAL LOTS/SCHOOL LOTS LOTS SITES 440 0 13 214 0 11 693 0 23 311 0 19 325 0 19 400 0 8 146 I 7 2,529 i 100 Se~l~ters~ted: Tract NO. 24132 ]4mendmerit NO. 2 P~ad Department: 3-06-89 }~alth Depa~ t~nt: 3-20-89 Flood Om~trol: 3-24-89 Fir~ Depar~m~t: 3-21-89 Building and Safety: 3-06-89 Revised Bored Dept: 4-17-89 11A VT No' s 24.131, 24132 24133, 24134~.~4135, 24136 24137 ~;~" < Page 2 APPBOVEDVESTINGTCNTATIVETRACTNO 24131 ;~d. No. 1, subject to the attached conditions and besed on the findings and conclusions inoorporated in the Planning (k~mission minutes dated April 12, 1989; and, APPBOVEDVESTINGTE~/~TIVETRACTNO. 24132 /~d. No. 1, subject to the attached conditions and based c~ t~e findings and conclusions incorporated in the Planning C~,,,~ssicl~ minutes dated April 12, 1989; and, APPBOV~D VESTING T~2~fATIVE TRALT NO. 24133 ~md. No. 2, subject.to the attached conditions and based on the findings and conclusions incorporated in the Planning C~',,.~ssion minutes dated April 12, 1989; and, APPK74]~V~ST~~~~NO. 24134 AmdNo. i subject to the attached conditions and based on the findings and conclusions incorporated in the Planning C~,,,~ssion minutes dated April 12, 1989; and, APPRDV~DVF~TINGT~TATIVETRACTNO. 24135;~dNo. 1, subject to the attached conditions and based on the findings and conclusions incorporated in the Planning Cc~nission minutes dated April 12, 1989; and, APPROVED VESTING ~TfAT~ TRALT NO. 24136 ~md No. 1, subject to the attached oo~diti~s and based on the fi~ngs and conclusions incorporated in the Planning ~J,,~ssion minutes dated April 12, 1989; and, fix~ _ ~ ngs and cc~clusions ~u~L~o~_ted in the .Plmnning O~,u~ssion minutes dated April 12, 1989. Vesting Tract No~. 24131 ~ended No. 1 .~24132 Immured No. 2 ~24133 ~ No. 1 ..~-24134 ;~ended No. 1 24135 /~mended No. 1 24136 ~mended No. 1 24137 ~mended No. I Page 3 Tract NO. 24133 ~mendment No. I Tract No. 24134 /%mendmerit NO. I Road Depa~,ent: Health Department: Flood Control: Fire D.parU~nt: Building and Safety: Revised Road Dept: 3-06-89 2-27-89 3-27-89 2-24-89 3-06-89 4-17-89 Road Depa~ h,,ant: Health Depa~%~nt: Flood ~1: Fire Dep~ ~ent: Building and Safety: Revised Road De~.: 3-06-89 3-20-89 3-27-89 2-24-89 3-06-89 4-17-89 Tract No. 24135 /~ndment No. 1 Tract No. 24136 ~mendment No. 1 P~ad Depa~ U,ent: Health Department: Flood Control: Fire Depa~ H~ent: Building and Safety: Revised Road Dept.: 3-06-89 2-27-89 3-27-89 2-24-89 3-06-89 4-12-89 Road Depa~ h,ent: Health Department: Flood Control: Fire De~a~ ~,~nt: Build{ng and Safety: Revised Road Dept.: 3-06-89 2-27-89 3-27-89 2-24-89 3-06-89 4-12-89 Tract NO. 24137 ;%~enc[~ent No. 1 Road Depa~ h,~nt: Flood Control: Fire Depa~ ~%~_nt: Building and Safety: County Geologist: Revised P~ad Dept.: 3-07-89 2-27-89 3-27-89 2-24-89 3-06-89 1-30-89 4-12-89 Sevm~ Vesting T~fcative Tracts hav~ been filed within adopted Specific Plan No. 219 (The M~adows). Vesting Tentativ~ Tract NO. 24131 proposes to divide 453 lots c~ 105.4 acres. Vesting Te~tative Tract No. 24132 will divide 214 lots ~ 90.2 acres. In the interior of the Specific Plan, Vesting Tract NO. 24133 consists of 716 lots o~ 163.7 acres. Vesting Tract No. 24134, located in the no~ oorner of the Specific Plan ar~a, will divid~ 91.2 acres into 330 lots. Vesting Tract NO. 24135, loca d in the w~stern most portion of the Specific Plan, includes 344 lots ~ 83.5 acres. Vesting Tract N~. 24136 will divide 99.8 acres into 408 lots. Finally, Vesting Tract No. 24137, in the southwestern portio~ of the Specific Plan adjacent to Highway 79, proposes to divide 64.3 acres into 154 lots. Vesting TzactNos. 24131;~endedNo. 1 ~i 24132;~endedNo. 2 :?~ 24133 ;~endedNo. 1 24134 ;~_ndedNo. 1 24135;~endedNo. 1 24136;~endedNo. 1 24137 ~mendedNo. i Page 4 B~ckf~rc~'ld Specific Plan No. 219, adopted bytheBoard of Supervisors o~October 4, 1988, includes 5,611 dwelling units on 1389 acres. The se~m~ tracts implement the w~sternpoztio~ofthe Specific Plan. Environmental Impact Report No. 235 assessed the full range of e~vironmental concerns associated with the Specific Plan. All identified potential /rapacts, exce~ for cu~ulativ~ effects on air quality, w~r~ reduced to an acceptable level through mitigation measures incorporated into the project, conditions of approval and project design. The environmental /rapact report is the basis f~r the envirom~ental assessments for the subject tracts. E~v~tal Assessment Nos. 33433, 33470, 33383, 33469, 33434, 33413, and 33414 indicated that all potential impacts for the tracts can be mitigated to an acceptable level. Project Consistency with Adopted Specific Plan The subject tracts w~re thoroughly r~vi~ for ~sistency with ;~k~ted Specific Plan No. 219. The residential densities and layout oonfozm to the Land Use Plan. Lotting, as shown on the tract maps, will acc~t,Lodate the zoning provisions of the zoning ordinance adogted in oo~junction with the Specific Plan. The vesting tract maps and co~espc~d/ng cc~ditions of approval are consistent with the Planning Ar~a De~~t Standards described in Sectic~ III .B of the Specific Plan. Issues dealt with at the design stage of the tracts ham included internal circulation within the tracts, mitigation of historic r~souroes, and geologic issues. Firstly, internal circuIation was & concern in all of the tracts ~nder o0~siderat/on, except for Vesting Tract NO. 24137. These cc~oerns ~ worked out ~ minor r~es. ign. The second issue ~s the mitigation of historic ~, which was discussed extensi~ly between the applicant and the County Pmrk~ De~,~mt. It was deten~h%ed that the historic r~sources within the tracts under oc~sideration could be adequately mitigated. Finally, geologic c~m~osrns included liquefaction for Vesting Tzact 24137 and slope stability for all of the tracts. P~rts ~ pr~ o~ each issue and z~view~d by the County Geologist. .His r~,,~.ndatic~s regarding the liquefaction issue for Tract 24137 ams presented in a letter dated 1-30-89. With r~ to slope stability, the G~ologist found that the z~tio~s of the r~rts w~re acceptable and should be incorporated into the derelect and o0~mtructi~ of the tracts. St_~f Pepoft Vesting Tract Nos. 24131 ~mended No. 1 24132 ;~endedNo. 2 24133;m~edNo. 1 · 24134 ;~endedNo. 1 '- 24135;~endedNo. 1 24136;~endedNo. 1 24137 ~mendedNo. i Page 5 1. Seven Tentative Vesting Tract Nos. 24131, 24132, 24133, 24134, 24135, 24136, and24137 have been submitted. 2. The subject tracts ar~ located entirely within adopted Specific Plan No. 219. 3. The seven vesting tracts have been designed to the de~l~t stanr~ds of Adopted Specific Plan No. 219. 4. Environmental Assessment Nos. 33433, 33470, 33383, 33469, 33434, 33413, and 33414, based on the findings of Environmental I~pact Report No. 23~_~, prepared for Specific Plan No. 219, indicate that the environmental impacts can be avDided or mitigated to an acceptable level, except for cumulative Air Quality impacts, which cannot be fully mitigated. A stat~e_nt of Overriding Findings for cLw, ulative Air Quality impacts was approv~J by the Board of Supervisors on October 4, 1988. 5. De~l~t~t No. 4 has been recorded for Specific Plan No. 219. 1. The proposed tracts confomn to Specific Plan No. 219. 2. The proposed vesting tracts confore to the requir~nts of Ordinance NO. 348 and 460. 3.' Based on the en~tal determination made in En~tal Asses.~nent NOs. 33433, 33470, 33383, 33469, 33434, 33413, and 33414, the subject ~ssting tracts will not have a significant effect on the an~t, with the exoe~/.c~ of cumulative Air Quality impmcts ~%ich cannot be fully mitigated. ~he above referenced En~tal Assessments include the Statement of O~rriding Findings for c~m~lati~ Air Quality impacts approved by the Board of Supervisors on October 4, 1988. RD(H~fI(~ of a Negativ~ Declarati~ for Envi~.~,tal Assessment NOs. 33433, 33470, 33383, 33469, 33434, 33413, and 33414 based c~ the finding that the e~~tal impacts haw been mitigated to an acceptable level through project design and the conditic~m of approval; and, ~ of Vesting Tentative Tract No. 24131 /~ended No. 1, subject to the attached conditions of approval; and, Vesting TractNos. 241311~_ndedNo. 1 24132 ;~endedNo. 2 24133;~endedNo. 1 24134 ;%mended No. 1 24135~mendedNo. 1 24136~mendedNo. 1 24137;~_ndedNo. i Page 6 APPROVAL of Vesting Tentative Tract No. 24132 ~mended No. 2, subject to the attached oonditi~ of approval; and, APPBOVAL of Vesting Tentative Tract No. 24133 ;~ended No. 1, subject to the attached conditions of appruval; and, APFRGVAL of Vesting Tentative Tract No. 24134 ;~ended No. 1, subject to the attached conditions of approval; and, APFRfTFAL of Vesting Tentative Tract No. 24135 ;%~ended No. 1, subject to the attached conditions of approval; and, ~ APPT~VAL of Vesting Tentative Tract NO. 24136 Amended NO. 1, subject to the attached conditions of appro%-al; and, APFROVAL of Vesting Tentative Tract NO. 24137 Amended No. 1, subject to the attached conditions of approval. CO:cj RIVERSIDE COU~:~t~Y. PLANNING CONHISSION HINUTES APRIL 12, 1989 (AGENDA ITE~I S-4 - Reel 1025, Side 1 and 2 - Tapes No. 3A, 3B. 4A) VESTING TRACT I~o NO. 24131 - EA 33433 - Bedford Properties - Rancho California Area - First Supervtsortal District - easterly of I~rgartta Rd, southerly of Pauba Rd - 441 lots - 105.4, acres - SP Zone - Schedule A wtth VESTING TRACT MAP NO. 24132 - EA 33470 - 223 lots - 90.2, acres - SP Zone - Schedule A and VESTING TRACT It~ NO. 24133 - EA 33383 - 693 lots - 163.7~ acres - SP Zone - Schedule A and VESTING TRACT HAP NO. 24134 - EA 33469 - 310 lots - 91.2, acres - SP Zone - Schedule A and VESTING TRACT HAP NO. 24135 - EA 33434 - 325 lots - 83.$, acres - SP Zone - Schedule A and VESTING TRACT I~P NO. 24136 - EA 33413 - 400 lots - 99.8+ acres - SP Zone - Schedule A and VESTING TRACT PAP NO. 24137 - EA 33414 - 147 lots - 64.3, acres - SP Zone - Schedule A Heartngs ~ere opened at 3:30 p.m. and ~ere closed at 4:19 p.m. STAFF RECOMMENDATION: Adoption of the Negative Oeclaratton for EA Nos. 33433,.~ 33470, 33383, 33469, 33434, 33413, and 33414 and approval of Testtng Tentative~ Tract Nos. 24131 Amended No. 1, 24132 Amended No. 2, 24133 Amended No. 1, 24134 Amended No. 1, 24135 Amended No. 1, 24136 Amended No. 1, and 24137 Amended No. 1 based on the ftndtngs and conclusions 1tsted tn the staff report. Staff advtsed that the vesttng tracts are to Implement the western portton of The #eado~s Spectftc Plan (SP 219), which ts located east of Margarita Road, west of Butterfield Stage Road, north of Htghway 79 and south of Pauba Road. The proposal ts to subdivide approximately 698.1 acres tnto 2,529 residential lots and 100 open space lots/school sties. Zoning on stte ts SP. Surrounding zontng ts SP, R-R, R-A, R-a-2~, R-A-S, A-1-10 and C-P-S. The stte conststs of rolltrig terratn except for the southern portton which ts flat, and ts vacant wtth the exception of a portton of Vesting Tract 24137, whtch has some percolatton ponds. The stte had been used for dry farmtn9 where topography permitted. The site ts located near other adopted Spectflc Plans such as Vail Ranch (SP 223) and Redhawk (SP 217) to the south, as well as approved tracts to the ea s t. The proposed development conforms wtth the residential densities and destgn standards of the spectfJc plan. Vesttrig Tract 24131 wtll dtvtde 105.4 acres tnto 440 sJngle faintly lots, wtth 13 open space lots, and was amended for a rotnor redesign.of the tract to facilitate circulation. Vesttng Tract 24132, ~mended No. Z proposes to dtvtde 30.2 acres Into 214 stngle famtly lots wtth 11 open space lots Including an elementary and Juntot htgh school stte. The tssue of slope stability was a concern of all the tracts and ms revlewed by the County 6eologtst. Vesttrig Tract 24133 proposes to dtvtde 163.7 acres tnto 693 stngle faintly lots and 23 open space lots and has an extensive paseo system · htch 11nks to an acttve recreatlo~ area. The Ftre Department was concerned about tnternal circulation and worked to avotd curttrig through the pasco area. The cross secttons of the greenbelt/pasco area ts on ftle. Vesttrig Tract 24134 roposes to titvide 91.2 acres tnto 311 stngle famtly lots and 19 open space ors, whtch tncluded a 2.5 acre lot for a day care center. Vesttrig Tract Map 24135 proposes to tit vide 83.5 acres tnto 325 stngle faintly lots and 19 open space lots. Vesttng Tract Rap 24136 proposes to dlvtde 99.8 acres tnto 400 41 RIVERSIDE COUNTY. PLANNING COMMISSION MINUTES APRIL 12, 1989 single family lots and 8 open space lots. There is a historic site on this map and on Tract 24137 and a letter on this site was incorporated within the staff report. All concerns have been resolved. Tract 24137 proposes to divide 64.3 acres into 146 single family lots, a g.1 acre commercial lot and 7 open space lots. A liquefaction study was prepared for this tract and was reviewed by the County Geologist to his satisfaction. Staff modified the conditions of approval as follows: Condition 18-e for Tracts 24133, 24134, 24135 and 24137: 'Trash bins, loading areas and incidental storage areas located in recreation areas shall be located away and visually screened from surrounding areas with the use of block walls and landscaping.' Condition 18-f amended to read 'bike access to recreation areas.' Condition 21 to be replaced by standard language for the property owners association maintaining the common areas rather than the strict CSA requirements. Condition 26-a shall be deleted since none of the tract areas are in the study area for the Stephens Kangaroo Rat or within the known occupied habitat. Condition 26-c should be modified to read: rather than grading permits. Prior to issuance of building Condition 29 should be added to all the tracts, referring to the CEQA monitoring of the mitigation measures. Convisstoner Beadling said that there ts 100 acres either for schools or open space. She asked if they took the school sites out, how much open space would they have. Staff advised that there are 243 acres devoted to recreation and open space outside of the school sites. Commissioner Beadltng asked whether there was a provision for a clubhouse, and staff advised that there are plans for recreation centers within the plan. Staff wtll receive plot plans for the open space areIS. Lee Johnson, Road Oepartment, advised that item No. 4 for Tract ~4133 $.beuld be amended to read4_.~/66 instead of 44/$$. TESTIMONY OF PROPONENT: Mike Ryan, Bedford Properties, 27405 Ynez Road, Rancho California, said that they concur with the staff report and all conditions of approval except for one. He said that the condition appears in all the tracts. They would like added to item %$ of the Road Oepartamnt letter dated March ?, %989 'or as approved by the Road Ce~tsstoner.' Mr. Johnson concurred with that proposed amendment. 42 RIVE~tSIDE COUNTY:~pLANNING COte41SSION MINUT£S APRIL 12, 1989 TESTIMONY OF OPPONENTS: Felix Probandt, P. O.Box 1150, Temecula, said that all his comnents related to the issue of wastewater disposal, in particular, the Eastern Municipal Water Oistrtct/Rancho California Water Reclamation Facility (hereafter called the Eastern Sewer Plant). He had his assistant present a series of transparencies which Mr. Probandt used to illustrate his points. His residence is located at 43789 Rendova Place. Mr. Probandt said that the transparencies are generally of documents that the Commissioners have already received, and he emphasized the information found in those documents. Mr. Probandt said that the conditions of approval include a condition that the environmental assessment shall uttltze the evaluation of impacts addressed in the EIR prepared for Specific Plan No. 219. Under 'impacts" the information was provided that the project will generate approximately 1.81 mtllion gallons per day average peak dry weather sewage flow, and that the peak dry weather sewage flow is estimated to be 3.08 mtllton gallons per day to be treated by the Eastern Sewage Plant. Another document states that the site lies within the Jurisdictions of the Rancho California Water Otstrtct and the Eastern Municipal Water Otstrtct. He said that Eastern, not Rancho, will provide sewer service. The San 53 letter has remarks which state that prior to the first LOC, the attached requested information is to be introduced to the E.H.S. The Health letter dated August 9, 1988 to the Rancho California Water District discussed the "will service" letter. He noted that a typical response to a Health Oepartment letter was "yes" to the question of whether there was adequate capacity. Eastern Municipal Water Otstrtct's response to a "will serve" letter has a statement that "service mtght be precluded by the San Diego Region Water Qualtty Control Board." A second copy of a San 53 has the statement that sewer may require off site sewer facilities subject to the treatment plant capacity of the San Otego Regional Water qualtty Control Board. The San Otego Water Board's Order No. 88-94 had to do with discharge specifications and certain difficulties Eastern was experiencing in discharging ~tch was in violation of the "basin plan" as well as capacity. Order No. 88-10! was issued for a time schedule for the Eastern Municipal Water Otstrtct to rectify the problems. He said because of the agreement with Camp Pendleton and the Rancho District, Eastern ts being allowed three years to work out the violations, but. they can only go to three millton a day, and in order to be able to discharge three mtllton gallons, they mst comply with certain report dates for the next three years. The report concludes that Eastern shall submit to the Ragtone1 Board on or before each compliance dmte a Report of Compliance or Noncompliance with each task. The last page was a table which Indicated that the tracts average peak sewage flow comes to 0.788 mtllton gallons a day (MGO). He pointed out that water is introduced to this flow to dtlute tt. The monthly report shows an average of 2.260 mt111on gallons by the end of February, with a mxtmm, of 2.423 MGO. He said that under the present operating status of the Eastern Water District, there is no reasonable assurance that Eastern will be able to treat and discharge the wastewater flows coming out of the subject tracts for which environmental assessments are in question. 43 RIVERSIDE COUNTY, PLANNXNG COMMISSION MINUTES APRIL 12, 1989 Mr. Probandt said that EIR 235 for SP 219 was defective because information that could not have been known at the time of the EIR was certified as complete. The San Olego Ragtonal Board Orders and the action by the Rancho California Board and the Marines all took place subsequent to the October 1988 Board of Supervisors approval of the subject EIR. No negative declaration can be issued because there exists substantial evidence that each project or tract in question may have a significant effect on the environment. The review process presented was in violation of due process and that the pertinent agency (the Oepart)nent of Health) did not follow its own rules in the approval process. Co~ntsstoner Beadltng said that what was basically betng satd ts that the plant is at capacity now and this project cannot be included. Mr. Probandt said that Eastern is in violation of the basin plan. The ~mter code of the State of California has a 1tst of rules which allows any member of the publtc to protest an order of the Board. One of the procedures was to protest to the State Water Resources Board. He said that by the time this project is built, he didn't believe that he can be assured that the project will not be in violation of the 3 MGD. Conntsstoner Beadling asked whose responsibility this is. Mr. Vtckers said that Eastern indicated that they had the capacity and would serve these tracts. Conetssioner Beadling noted that from what Mr. Probandt is saying, Eastern cannot provide the capacity. Mr. Vtckers said that that statement could be subject to a dispute by Eastern. They cannot sit in Judgment of whether or not Eastern is or is not in violation. That issue would have to be heard in San Diego before the Water Quality Control' Board down there. What the developer has is a letter fro~ Eastern Municipal saying that there is capacity. Mr. Vickers advised that they should not be substituting their Judgment for either Eastern or the Water Quality Control Board over whether or not there is capacity. Contntsstoner Purvlance said that he did not believe that this was in the purview of the Contntsston, to check whether there are proper assurances from the proper agencies. However, if the San Otego RWQCB say that Eastern is persisting in violating the basin plan, it would seem as if the WQCB has the power to issue I cease and desist order which would prohibit them from allowing more hookups or wl)atever other action they choose to take. Commissioner Bresson said that there is a ~11o RoDs in that area, but he did not: know if part of that-district was for the development of a sewage plant. He felt that Eastern has a obligation when they wrote their letter saying that they have capacity, and the Con~ntsslon has to consider that Eastern will do it. If Eastern gets additional capacity, there is no problem; if not, then Eastern and the developer will have a problem. The Commission has to go by what docmentatton is given them. Mr. Probandt said that he was alleging that the developer cannot get capacity because of Eastern's own statements. He said that what he was trying to show 44 RIVERSIDE COUNT PLANNING COMMISSION MINUTES APRIL 12, 1989 with the transparencies of the documents is that the statement from the Health Department has a 'yes' check for capacity, but that does not mean anything. What does mean something is the letter Eastern sent dated 12-19-88 which states that 'service might be precluded by RWOCB-SD.' Mr. Probandt said that if this project develops further, Eastern will testify that this is not a binding conm~ltment, and is not a contract to serve. The point he is saying is that the developer cannot get a negative declaration if there exists substantial evidence that the project, in this case the tracts, will have a significant environmental impact. Therefore, he was presenting the information in that context. Fir. Vtckers asked tf sewage was a part of Specific Plan 219 and EIR 235 and were mitigation measures a part of that. Staff advised that it was. Mr. Vtckers pointed out that added to the conditions today were conditions regarding environmental monitoring and recording. C~,,,,tssioner Beadling said that she was concerned that the developer will grade the land, then find that he cannot build. What they will end up with is land that has been disturbed and is subject to erosion. Mr. Probandt said that he moved onto his property after the Board approved the specific plan. He would have been at these hearings before this, had he moved into the area earlier. He is trying to establish evidence that these tracts may have a significant impact on the environment in order to get this problem resolved. Fir. Vtckers said that the environmental findings in the EIR address the issue of sewage and the mitigation of that problem. He noted that a condition was added today for monitoring and reporting, and advised that the development could be stopped at various stages if it is not at the right level. Con~tsstoner Purrlance said that he did not believe it was the Commtsston's role to make the determination that Fir. Probandt wants. Whether or not the developer is followtrig the requirements of the Regional Water Quality Control is between the developer and that agency. Hr. Probandt reiterated that this is an environmental assessment that is being considered and the Commission cannot issue a negative declaration under these circumstances based on substantial evidence that this project may affect the environment. Commissioner Purrlance advised that County Counsel is saying that the plan calls for these things to be mitigated and that the conditions have been amended so the project is monitored. Therefore, the negative declaration is perfectly legal. The hearing was'closed at 4:19 p.m. FINDINGS AND CONCLUSIONS: Seven Tentative Vesting Tract Nos. 24131, 24132, 24133, 24134, 24135, 24136 and 24137 have been submttted~ the subject tracts are located entirely within ~dopted Specific Plan No. 219; the seven vesting tracts have been designed to the development standards of Adopted Spectftc Plan No. 219; Environmental Assessment Nos. 33433, 33470, 33469, 33434, 33413, and 33414, based on the findtrigs of Environmental Impact Report No. 235, prepared for Specific Plan No. 219, indicate that the environmental impacts can be avoided or mitigated to an acceptable level, except for cumulative Air Quality impacts, ~htch cannot be fully mitigated; a statement of Overriding Findings 45 RZVERSIOE COUN F~i~P~.LANNING COMHISSION MINUTES APRIL 12, 1989 for cumulative Air Quality impacts was approved by the Board of Supervisors on October 4, 19BAG and, Development Agreement No. 4 has been recorded for Specific Plan No. 219. The proposed tracts conform to Specific Plan No. 219; conform to the requirements of Ordinance Nos. 34B and 460; based on the environmental determination rode in Environmental Assessment Nos. 33433, 33470, 333B3, 33469, 33434, 33413, and 33414, the subject vesting tracts will not have a significant effect on the environment, with the exception of cumulative Air Quality impacts which cannot be fully mitigated; and, the ahovo r-'erenced Environmental Assessments include the Statement of Overriding Findings for cumulative Air Quality impacts approved by the Boar of Supervisors on October 4, 1988, therefore, the environmental impacts have been mitigated to an acceptable level through project design And the conditions of mpproval. MOTION: Upon motion by Commissioner Bresson, seconded by Commissioner Beadling and unanimously carried, the Co~mnission adopted the Negative Declarations for EA Nos. 33433, 33470, 33383, 33469, 33434, 33413 and 33414 and approved Tentative Tracts No. 24131 Amended No. 1, 24132 Amended No. 2, 24133 Amended No. 1, 24133 Amended No. 1, 24134 Amended No. 1, 24135 Amended No. 1, 24136 Amended No. 1, and 24137 Amended No. 1 subject to the amended conditions of approval and based on the above findings and conclusions. In answer to Commissioner Bresson, Mr. Vtckers advised that on the previous item, the Development Agreement was in place. These are new vesting maps within the Specific Plan. Flay 15, 1989 S~kl~:%~STING~NO. 24131 ;~d. No. i -VF~ING TRACT. NO 24132 ~d. No. 2 - VESTING TRACT NO. 24133~d. No i -V~STING ~%%CTNO. 24134 ;~d. No. I -VF~fINGTRACTNO. 24135 ;~d. No. I - VESTING ~RACT NO. 24136;~d. NO. I -VESTINGTRACTNO. 24137 ~d. NO. I - Bedford Pzuperties - Supervisorial District I - Pancho California Area - 698.1~:res 2,519 lots -.S~'~,le A - SP Zoning AND FILE the abov~ mentioned case acted c~ by the Plann/ng C~,,,~ssic~ c~ April 12, 1989. THE PIANNII~ (I~4~ISSIC~: ADf~I~D The Negative Declarati~ for Environmental Assessment Nos. 33433, 33470, 33383, 33469, 33434, 33413, and 33414 based on the findings inoorporated i~ the e~~tal assessment and the conclusion that the proposed project will ~t have a significant effect c~ the envir~ent; and ESS: CO: gs er, Planni6g Director AGENDA Nt.,. .J =4t=4 T~;4~=s ~ ~4~? -EXISTING ZONING ,n-.l- ~ 09) , ~ ~ - - , --~~'~... U~e. ~Z9 LOTS EMroertl MARGARITA R. ART 110' Rd. 8k. ~. SS* ~'. 3/21/80 ~.n By Vn ~* YI* I -aLl 24131" 4132 I~ ' '~ ,' , VAC CATTERE \ i * I~CAT.~' lilt ..| TURF k VAC _... - .A.~. :~ ~.. """ I i .,T ~ . - I U)CITK)Nni. MAP lapp. BEDFORD PROPERTIES ' ~culot~n ~ ~ ART 110' ~ ~:"~:~' '~ [~ment MAR~AR~A RD RIVERSIDE COUNTY PLAItNING DEPARTMENT SUBDIVISION CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT NO. 24131 AMENDED NO. I STANDARD CONDITIONS The subdivider shall defend, indemnify, and hold harmless the County of Riverside, its agents, officers, and employees from any claim, action, or proceeding against the County of Riverside or its agents, officers, or employees to attack, set aside, void, or annul an approval of the County of Riverside, its advisory agencies, appeal boards or legislative body concerning Vesting Tentative Tract No. 24131, Amended No. 1 which action is brought about within the time period provided for in California Government Code Section 66499.37. The County of Riverside will promptly notify the subdivider of any such claim, action, or proceeding against the. County of Riverside and will cooperate fully in the defense. If the County 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 County of Riverside. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule A, unless modified by the conditions listed below. .. This conditionally approved tentative map will expire two years after the County of Riverside Board of Supervisors approval date, unless extended as provided by Ordinance 460. The final map shall be prepared by a licensed land surveyor subject to all the requirements of the State of California Subdivision Map Act and Ordinance 460. e The subdivider shall submit one copy of a soils report to the Riverside County Surveyor's Office and two copies to the Department of Building and Safety. The report shall address the soils stability and geological conditions of the site. If any grading is proposed, the subdivider shall submit one print of a comprehensive grading plan to the Oepartment of Building and Safety. The ylan shall comply with the Uniform Building Code, Chapter 70, as amended Ordinance 457 and as may be additionally provided for in these conditions of approval. VESTING TENTATIYE TRACT NO. 24131, Amended No. I ComJ1tfons of:;.~pproval Page 2 71.~* ' 7. A grading permit shall be obtained from the Department of Building and Safety prior to cm~nencement of any grading outside of county maintained road right of way. 8. Any delinquent property taxes shall be paid prior to recordation of the final map. 9. The subdivider shall comply with the street improvement recommendations outlined in the Riverside County Road Department's letter dated~--7-~- 4-14-Bg, a cop~ of which is attached. (Amended by Planning Con~nission April 12, 1989) 10. Legal access as required by Ordinance 460 shall be provided from the tract map boundary to a County maintained road. 11. All road easements shall be offered for dedication to the public and shal~ continue in force until the governing body accepts or .abandons suc~ offers. All dedications shall be free from all encumbrances as approved by the Road Commissioner. Street names shall be subject to approval of the Road Commissioner. 12. 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 County Surveyor.. -- 13. Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Hea~th Department's letter dated 3-20-89 a copy of which is attached. 14. The subdivider shall comply with the flood control recon~endations outlined by the Riverside County Flood Control Distrtct's letter dated 3-27-Bg a copy of which is attached. If the land division lies within an adopted flood control drainage area pursuant to Section 10.25 of Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by'the Road Commissioner. 15. The subdiv. tder shall comply with the fire improvement rec~mnendations outlined in the County Fire Marshal's letter dated 2-27-89 a copy of which is attached. 16. Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. VESTING TENTATIYE TRACT NO. 24131. Amended No. 1 Conditions of ~roval Page 3 ~ 17. The subdivider and all successors In tnterest shall comply wtth the provisions of Development Agreement No. 4 and Specific Plan No. 219. 18. Lots created by thts subdivision shall comply wtth the following: lg. 20. 21. 1) All lots shall have a mtntmum size of 4000 square feet. 2) Corner lots and through lots, if any, shall be provided with additional area pursuant to Section 3.8B of Ordinance 460 and so as not to contain less net area than the least amount of net area in non-corner and non-through lots. 3) Lots created by this subdivision shall be in conformance with the development standards of the Specific Plan ~one. 4) 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. · Prior to RECORDATION of the final map the following conditions shall be satisfied: Prior to the recordation of the final map the applicant shall submit written clearances to the Riverside County Road and Survey Department that all pertinent requirements outlined in the attached approval letters from the following agencies have been met: County Fire Department County Flood Control County Health Department County Parks Department A property owners' association with the unqualified right to assess the owners of the individual units for reasonable maintenance costs shall be established and continuously maintained. The association shall have the right to lien the property of the owners who default in the payment of their assessments. Such lien shall not be subordinate to any encumbrance other than & first deed of trust provided such deed of trust is made in good faith and for value and is of record prior to the lien of the association. Prior to recordation of the final subdivision map, the subdivider shall submit the following documents to the Planning Department for review, which documents shall be subject to the approval of that department and the Office of the County Counsel: 1) A declaration of covenants, conditions and restrictions; and VESTING TENTATIVE TRACT NO. 24131, Amended No. I Conditions of ;~** royal Page 4 ~ , 2) A sample document conveying title to the purchaser of an Individual lot or unit which provides that the declaration of covenants, conditions and restrictions is incorporated theretn by reference. The declaration of covenants, conditions and restrictions submitted for review shall (a) provide for a minimum term of 60 years, (b) provide for the establishment of a property owners' association comprised of the owners of each individual lot or unit, (c) provide for ownership of the common area by either the property owners' association or the owners of each individual lot or unit as tenants in common and (d) contatn the following provisions verbatim: "Nothwithstandlng any provision in this Declaration to the contrary, the following provision shall apply: The property owners' association established herein shall manage an~ continuously maintain the 'common area', more particularly described as:' lots A through M on Vesting Tract Map NO. 24131Nnended No. 1 attached~ hereto, and shall not sell or transfer the 'common area', or any part thereof, absent the prior written consent of the Planning Director of the County of Riverside or the County's successor-in-interest. This Declaration shall not be terminated, 'substantially' amended or property deannexed therefrom absent the prior written consent of the Planning Director of the County of Riverside or the County's successor-in-interest. A proposed amendment shall be · considered 'substantial' if it affects the extent, usage or maintenance of the 'common area'. In the event of any conflict between this Declaration and the Articles of Incorporation, the Bylaws or the property owners' association Rules and Regulations, if any, this Declaration shall control." Once approved, the declaration of covenants, conditions and restrictions shall be recorded at the same time that the final map is recorded. (Added by Planntrl~ Commission April 12, 1989) PPieP 4e PleePdatien ef ~ke fina~ map~ ~ke eubdSvideP ska3~ eelquay ~e ~ke unPeeePded~ and easements, easept these elsieale ~$eh 4M tke sere dtsePetfen ~ the GevR~ I~ eeeeptab3e, As eendt~$ens pPeeeden~ ~e ~evn(~ aeeept4ng ~$~e le sash I~lll the subd4v4deP !hi~ it~$~ fe~ew'$ng deermerits ~e (he P~annfn~ DepaP(men~ fe~ Pevfew~ whSek deeuments sha~ be aub~ee~ te the appPeva~ e~ thai depaPimen~ Ind the Off4ee e~ the £eunty Geunse~+ t$ A dee~a~a~fe~ ef eevenants, eeRdftSens and Pes~fetfensi and VESTZNG TBITATZVE TRACT NO. 24131, Amended No. 1 CoodiStorts of ~proval Page 4nd{v4dua{ ~et eP Un+t wh4eh preySdes that the des)aPa{{on ef PetePenGo, ;he dee~arfiSen e~ seveRante, eend~ens and ~efir&e~$ens submitted for PerSew sha~ ~a) provide fop a tePm ef 60 yeaPeT ~b) pPev~de for the efiab~shment efa preper~y ewners~ osseeSfi~en eempr~sed ef She ownaPe ef eaeh 4ndSvSdua~ ~et eP Un+t and ~e~ sentaSh the ~eS~ew~ng preyStSaRs verbatim+ sentrare, ~ke ~e~ew~ng prev+s~an sha~ ;he preper~y ewne;sZ assestriton es~ab~$sked herein eka~$, $f; dePma~tT be ae~va~ed~ by 4neePpePatSen eP e~hePw~se, at t#~: Peques~ ef She Ge~R~y ef Rtveretde~ and She prepe;ty R~ve~s~de~ upon She GeuntyLs demand~ ~St~e Se o~ e~ any part the 2eemmen aPea~T more par~Seu~ar~y deser4bed as bets A deeSsSen te PequSre aet4vaiSon ef the pPepeP~y ewners~ asseeSat~en and She deeSsSen So PequS,e Shat She assesSarSon uneend$~Sena3~y assopt tS~e ~e the 2eemmen aPea~ sha3~ be at the sere dSsere~en ef She Geun~ ef RSveFsSde~ ;n Ske evens that the eemmeR areaj eP any part sonyeyed So S#e prepe~y owners2 assesSaSSert, She thePea~teP sha~ own sueh ~eemmen area~, sha~ manage and absent the pPSer uPSinert sensent of She P~annSng ~SreeteP Geun~y ef RSversSde or She Geunty2s eueeessor-Sn-Snterefi~ ;he pPepePty ownsPOX assesSaSSert sha~ have She PSght to assess She ewne~s ef eaeh 4ndSvSdua~ ~et or unSt ~e~ ~ke Peasenable east ef mSn~SnSng sueh 2eemmen aPea2v and ska~' have the P4ght She pPeperty of any sueh e~er ~he defaults 4n (he payment e¢a ma4ntenaaee assessment, An assessment ~Sen, ease ePeated, sha~ k'"pPSeP Se a3~ etheP ~Sens Peeerded subsequent ~e 4he netSee e~ asoessmenS eP ether deeument ePeat4ng the assessment ~Sen~ er property deanne~ed therehem absent the pr4er wpStten sensent of ,he P~annSng 94~eete~ e~ She £eunty of R+vePeSde e~ (he Geunty~s oueeesser-4n-4ntePefi~ A pPepesed amendment sha~ be eensSde~ed Lsubfia~t~a~A 4f 4~ a~feeSs ~e enteRS, usage e~ ma4ntenanee of the ~eemmen area~, VESTING T~TATIVE TRACT NO. 24131, AmemJed No. 1 Cofdtttons of Approval Page 6 22. 23. 24. an ~he eveR~ e~ any een~$el between &kSe 9ee~a~a~$eR and AP~e~es e~ aReePpePa~eRy ~ke By~&wsT eP tke pPepeP~y ~nePs~ assee~a~eR Ru~es and Regu..~eM~, 4f Iny~ ~kts 9ee~aPa~en ska~ een~Pe~,S 0Res appPeved, the dee~mPmt~en eY seveRants, eeRd$~eRs Pes~P~e~e~s ~#a~ be Peee~ded ~ tke ~me ~me ~#e~ ~ke PeeePded, (Deleted by Planning Commission April 12, 1989) The developer shall comply with the following parkway landscaping conditions: 1) Prior to recordation of the final map the developer shall file an application with the County for the formation of or annexation to, a parkway maintenance district for Vesting Tentative Tract no.~ 24131, Amended No. 1 in accordance with the Landscaping and.~ Lighting Act of 1972, unless the project is within an existing, parkway maintenance district. z) Prior to the issuance of building permits, the developer shall secure approval of proposed landscaping and irrigation plans from the County Road and Planning Department. All landscaping and irrigation plans and specifications shall be prepared in a reproducible format suitable for permanent filing with the County Road Department. 3) The developer shall post a landscape performance bond which shall be released concurrently with the release of subdivision performance bonds, guaranteeing the viability of all landscaping which will be installed prior to the assumption of the maintenance responsibility by the district. 4) The developer, ~e developer' successors-in-interest or assignees, shall responsible Sfor all parkway landscaping maintenance until such time as maintenance is taken over by the district. ~r~' 5) The developer shall comply with the standards and exhibits in Specific Plan No. 229. 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. Street lights shall be provided within the subdivision in accordance with the standards of Ordinance 461 and the following: m VESTZNG T!~ITATIVE TRACT NO. 24131, Amended No. 1 Conditions ~ ,.~proval Page 7 ,i. ,~: · 1) Concurrently with the filing of subdivision improvement plans with the Road Department, the developer shall secure approval of the proposed street light layout first from the Road Department's traffic engineer and then from the appropriate utility purveyor. 2) Following approval of the street lighting layout by the Road Department's traffic engineer, the developer shall also file an application with LAFCO for the formation of a street lighting district, or annexation to an existing lighting district, unless the site is within an existing lighting district. 3) Prior to recordation of the final map, the developer shall secure conditional approval of the street lighting application from LAFCO, unless the site is within an existing lighting district. 4) All street lights and other outdoor lighting shall be shown o~ electrical plans submitted to the Department of Building an~ Safety for plan check approval and shall comply with the requirements of Riverside County Ordinance No. 655 and the Riverside County Comprehensive General Plan. 25. 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 County Surveyor. 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. a. The following note shall be placed on the Environmental Constraints Sheet: 'County Slope Stability Report No. 87 was ~.~.~. prepared for this property and is on file at the Riverside County Planning Department. Specific items of concern in the report are m).follows: slope stability.' 26. Prior? to the issuance of GRADING PERMITS the following conditions shall-'~be satisfied: aT eb~a4R e~eaPanee ~Pem tke U,S, F$sk and W4~d&4Ye $ePv4eev ~o ~ke eN4s~enee e~ ~he $1ephens~ #ongaPee RAt (Deleted by Planning Commission April ~2, ~989) b. Prior to the issuance of grading permits, the applicant shall comply with Ordinance No. 663 by paying the fee required by that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of VESTING TENTATIVE TRACT I10. Z4131, Amended No. 1 Conditions of Approval Page 8 the fees required by Ordinance No. 633, the applicant shall pay the fee required under the Habitat Conservation Plan as implemented by County ordinance or resolution. Prior to the issuance of g~ad(M! building permits detailed common open space area landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following: (Amended by Planning Commission April 12, 19Bg) 1. Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. 2. Landscape screening where required shall be designed to be opaque up to a minimum height of six (6) feet at maturity. ~ 3. All utility service areas and enclosures shall be screened,' from view with landscaping and decorative barriers or baffl~ treatments, as approved by the Planning Director. Utilities shall be placed underground. e Parkways and landscaped building setbacks shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth betming, ground cover, shrubs and specimen trees in~ conjunction with meandering sidewalks, benches and other pedestrian amenities where appropriate as approved by the Planning Department. 5. Landscaping plans shall incorporate the use of specimen accent trees at key vtsual focal points within the project. $. Where street trees cannot be planted within right-of-way of ,* interior streets and project parkways due to insufficient ':~ :. ':road right-of-way, they shall be planted outside of the road .~.,. right-of-way. ~. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. All existing specimen trees and significant rock outcroppings on the subject property shall be shown on the proJect's grading plans and shall note those to be removed, relocated and/or retained. All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. ., t VESTING TENTATIVE TRACT NO. ~4131, Amended Conditions of ~proval Page g -,~ e® 10. The plans shall confore to those sho~n tn Specific Plan No. 219. Any oak trees removed with four (4) inch or larger trunk diameters shall be replaced on a ten (10) to one (1) basis as approved by the Planning Director. Replacement trees shall be noted on approved landscaping plans. The following tree preservation guidelines shall be incorporated in the projects approved grading, building and landscaping plans as appropriate: Every effort shall be made to prevent encroachment of structures, grading or trenching within the dripline or twenty-five (25} feet of the trunk of any trees, whichever is greater. ~ If encroachment within the dripline is unavoidable, no more than one third of the root area shall be disturbed, graded or covered with impervious materials. The root area is considered to extend beyond the dripline a distance equal to one half the radius. 3. Building, grading or improvements shall not occur within ten (10) feet of any tree trunk. Retaining walls shall be constructed where necessary *to preserve natural grade at least one-half the distance between the trunk and the dripline. Walls shall be designed with a post or caisson footing rather than a continuous footing to minimize root damage. 5. Alteration of natural drainage shall be avoided to the greatest extent possible. 6. Runoff channelled near trees shall not substantially change nor'm~l sotl moisture characteristics on a seasonal basis. ® Runoff shall not be directed towards the base of trees so that the base of the trees remain in wet soil for an extended peri.od. Where natural topography has been altered, drainage away from trunks shall be provided where necessary to ensure that water will not stand at the crown. Sedimentation and siltatton in the drainage ways shall be controlled where necessary to avoid filling around the base of the trees. VESTING TENTATIVE TRACT NO. 24131. Amended No. 1 Conditions of Approval Page 10 '~' g Land uses that would cause excessive soil compaction within the dripline of trees shall be avoided. If the areas are planned for recreation, provide trails to restrict compaction to a small area. Heavy use under trees shall be avoided unless measures to minimize compaction are undertaken. 10. Landscaping or irrigation shall not be installed within ten (10) feet of any trees. f. All existing native specimen trees on the subject property shall be preserved wherever feasible. Where they cannot be preserved they shall be relocated or replaced with specimen trees as approved by the Planning Director. Replacement trees shall be noted on approved landscaping plans. g. All approved grading and building plans shall reflect the utilization of post and beam foundations or the appropriate combination of split level pads and post and beam foundations when development is proposed on natural slopes of fifteen percent or greater measured over a horizontal distance of thirty (30) feet. h. If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: ~ 1. Techniques which will be utilized to prevent erosion sedimentation during and after the grading process. and 2. Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through ~rch 3. Preliminary pad and roadway elevations 4. Areas of temporary grading outside of a particular phase t. Driveways shall be designed so as not to exceed a fifteen (15) percent grade. Grading plans shall conform to Board adopted Hillside Development Standards: All cut and/or fill slopes, or individual combinations thereof, which exceed ten feet in vertical height shall be modified by an appropriate combination of a special terracing (benching) plan, increased slope ratio (i.e., 3:1), retaining walls, and/or slope planting combined with irrigation. All driveways shall not exceed a fifteen percent grade. VESTING T~TATIVE TRACT NO. 24131, Amended No. 1 Conditions of Approval Page 11 27. k® All cut slopes located adjacent to ungraded natural terrain and exceeding ten (10) feet in vertical height shall be contour-graded incorporating the following grading techniques: 1) The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. Angular forms shall be discouraged. The graded fore shall reflect the natural rounded terrain. 3) The toes and tops of slopes shall be munded with curves with radii designed in proportion to the total height of the slopes where drainage and stability pemit such rounding. 4) Where cut or fill slopes exceed 300 feet in horizontal length, the, horizontal contours of the slope shall be curved in a continuous,~ undulating fashion. Natural features such as water courses, specimen trees and significant rock outcrops shall be protected in the siting of individual building pads on final grading plans. mo Prior to the issuance of grading permits, the developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. 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 paleontologtcal impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-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 r~overy of fossils. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: 1) The project shall comply with the requirements of Development Agreement No. 4. 2) Prior to the submittal of building plans to the Department of Building and Safety for residential lots backing up to secondary t VESTING TENTATIVE TRACT NO. 24131, Amended No. I Conditions of/~mval Page 12 roadways or wider roadways, an acoustical study shall be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwelltng units within the subdivision to reduce ambient interior noise levels to 45 Ldn. 3) Prior to the issuance of butldtng pemtts, composite landscaping and Irrigation plans shall be submitted for Planning Oepartment approval. The plans shall address all areas and aspects of the tract requiring landscaping and irrigation to be Installed Including, but not 11mired to, parkway planting, street trees, slope planting, and Individual front yard landscaping per the requirements of Specific Plan No. 219. 4) All dwellings to be constructed within designed and constructed with fire approved by the County Fire Marshal. this subdivision shall be retardant (Class B) roofs as s) Roof-mounted mechanical equipment shall not be permitted within th.~.~ subdivision, however solar equipment or any other energy savin devices shall be permitted with Planning Department approval. 6) Roof-mounted equipment shall be shielded from view of surrounding property. 7) Building separation between all buildings excluding fireplaces shall not be less than ten (10) feet. 8) All street side yard setbacks shall be a minimum of ten (10) feet. 9) All front yards shall be provided with landscaping and automatic irrigation. 28. Prior to the issuance of OCCUPAItCY PERMITS the following conditions shall be satisfied: 1) 2) Wall and/or fence locations and materials shall confom to the approv~ed wall and fence treatment plan in Specific Plan No. 219. All ~andscaping [nd irrigation shall be Installed in accordance with appreVed plans prior to the issuance of occupancy permits. If seasonal conditions do. not permit planting, interim landscaping and erosion control measures shall be uttltzed as approved by the Planning Otrector and the Otrector of Building and Safety. 3) All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by a Planning Department field inspection. VESTING TENTATIVE TRACT NO. 24131, Amended No. 1 Conditions of Approval Page 13 29. 4) Not withstanding the preceding conditions, wherever an acoustical study is required for noise attenuation purposes, the heights of all required walls shall be determined by the acoustical study where applicable. s) Concrete sidewalks shall be constructed throughout the subdivision in accordance with the standards of Ordinance 461 and Specific Plan No. 219. 6) Street trees shall be planted throughout the subdivision in accordance with the standards of Ordinance 460 and Specific Plan No. 219. Prior to the issuance of a building permit, the subdivider shall prepare and submit a written report to the Planning Director of the County of Riverside demonstrating compliance with those conditions of approval and mitigation measures of this map and E.A. No. 33433 which must be satisfiedl prior to the issuance of a building permit. · The Planning Director may require inspection or other monitoring to assure~ such compliance. (Added by Planning Commission April 12, 1989) CO:gs:mp OFFICE OF ROAD COMMISSIONER & COUNTY SURVEYOR Me~ek-)~-t969 April 14, 1989 COU~' HAILJ~ P.O BOX tO'gO C714) Riverside County Planning Commission 4080 Lemon Street Riverside, CA 92501 Ladies and Gentlemen: Re: TR 24131 - Amend fl Schedule A - Team SP - SMD *Amended at P.C. 4/12/89 With respect to the conditions of approval for the referenced ten,rive land division map, the Road Department recommends that the landd~vider provide the following street improvement plans and/or road dedicatiQns in accordance with Ordinance 460 and Riverside County Road Improvement Standards (Ordinance 461). It is understood that the tentative map correctly shows acceptable centerline profiles, all existing easements, traveled ways, and drainage courses with appropriate O's, and that their omission or unacceptability may requirs the map to be resubmitted for further consideration. These Ordinances and the following conditions are essential parts and a requirement occurring in ONE is as binding as though occurring in all. They are intended to be complementary and to describe the conditions for a complete design of the improvement. All questions regarding the true meaning of the conditions shall be referred to the Road Commissioner's Office. '1. The landdivider shall protect downstream properties from damages caused by alteration of the drainage patterns, i,e., concentration of diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/ or by'securing a drainage easement. All drainage easements shall be shown on the final map and noted as follOvlz 'Drainage E~sement - no building, obstructions, or encroachments by land fills are allowed". The protection shall be ss approved by the Road Department. e The landdivider shall accept and properly dispose of all offsite drainage flowing onto or through the site. In the event the Road Commillioner pernits the ule of streets for drainage purposes, the provisions of Article XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, the su~divider shall provide adequate drainage facilities as Approved by the Road Department. t ..TR-2~131 - Amend ~1 Mmeeh-7,-igsg - April Page 2 14, 1989 ® ® ® 10. 11. 13. NaJor drainage is involved on this landdivision and its resolution shall be as approved by the Road Department. B__~i.., Parkway shall be improved within the dedicated right of way in accordance with County Standard No. 101. (38'/50') Streets 'D' through 'G', Street 'H" (east of Street 'W"), and Street 'I' shall be improved within the dedicated right of way in accordance with modified County Standard No. 103, Section A. (44'/60', with entry median as approved by the Road Commissioner. The remaining interior streets shall be improved within the dedicated right of way in accordance with County Standard NO. 104, Section A. (40'/60') Street #A" shall be improved with 34 feet of asphal~.~.' concrete pavement within a 45 foot part width dedicated right of way in accordance with modified County Standard No. 103, Section A. (22'/33', as approved by the Road Commissioner). Streets "B" and #C" shall be improved with 34 feet of asphalt concrete pavement within a 45 foot part width dedicated right of way in accordance with County Standard NO. 103, Section A. (22'/33') Corner cutbacks in conformance with County Standard No. 805 shall be shown on the final map and offered for dedication. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Riverside County Road Commissioner. Completion of road improvements does not imply acceptance for main- tenance by County· Standard cul-de-sacs and knuckles and offset cul-de-sacs ahall be constructed throughout the landdivision. Aspbaltic emulsion (fog seal) shall be applied not less than fourteen days following placement of the asphalt surfacing and shall be applied at a rate of 0·05 gallon per aquare yard. Asphalt emulsion shall conform to Section 37, 39 and 94 of the State Standard Specifications· The landdivider will provide left turn lanes on Streets 'A' 'B' and 'C' at all interior intersectiona as approved by the Road Department. .. TR ~4131 - Amend #! #aeek-;,-t989 - April 14, 1989 Page 3 14. 15. · 16. 17. 18. 19. 20. 21. 22. 23. 24. The landdivider shall provide utility clearance from Rancho California Water District prior to the recordation of the final map. The maximum centerline 9radiant and the minimum centerline radii shall be in conformance with County Standard #114 of Ordinance 461. All centerline intersections shall be at 90° with a minimum 50' tangent measured from flow line, or as approved by the Road Commissioner. Concrete sidewalks shall be constructed throughout the landdivision in accordance with County Standard No. 400 and 401 (curb sidewalk). The minimum lot frontages along the cul-de-sacs a~ knuckles shall be 35 feet. ~ All driveways shall conform to the applicable Riverside ~ County Standards and shall be shown on the street improvement plans. A minimum of four feet of full height curb shall be constructed between driveways. The minimum garage setback shall be 30 feet measured from the face of curb. The landowner/developer shall provide/acquire sufficient public offsite rights of way to provide for primary and secondary access road(s) to a paved and maintained road. Said access road(s) shall be constructed in accordance with Riverside County Standard No. 106, Section B. (32'/60') at a grade and aligrunent approved by the Road Commissioner. Prior to the recordation of the final map, the developer shall deposit with the Riverside County Road Department, a cash sum of $150.00 per lot as mitigation for traffic. slg~!al impacts. Should the developer choose to defer the tim~ of payment, a written agreement may be entered into with* the County deferring said payment to the time of issuance of a building permit. Electrical and communications trenches shall be provided in accordance with Ordinance 461, Standard 817. Lot access shall be restricted on Parkway, and Streets 'A', "B', and "C" and so noted on the final map. *As amended at P.C. 4/12/89 m #s~ek-;~-A989 - April 14, 1989 Page 4 25. Landdivisions creating cut or fill slopes adjacent to the streets shall provide erosion control, sight distance control and slope easements as approved by the Road Department. 26. When blockwalls are required to be constructed on top of slope, a debris retention wall shall be constructed at the street right of way line to prevent silting of sidewalks as approved by the Road Commissioner. 27. The street design and improvement concept of this project shall be coordinated with Specific Plan No. 219. 28. Street lighting shall be ~equired in accordance with Ordinance 460 and 461 throughout the subdivision. The County Service Area (CSA) Administrator determines whether this proposal qualifies under an existing assessment,~ district or not. If not, the land owner shall file an application with LAFCO for annexation into or creation of a-.~ "Lighting Assessment District" in accordance with Governmental Code Section 56000. .29. Street lights shall be installed in accordance with Ordinance 460 and 461 at all intersections of roads constructed or improved within the subdivision. The County Service Area (CSA) Administrator determines whether the subdivision is within an existing assessment district. If not, the land owner shall file an application with LAFCO for annexation into or creation of a County Service Area in accordance with Governmental Code Section 25210.1. 30. 31. 32. All private and public entrances and/or intersections opposite this project shall be coordinated with this project and shown on the street improvement plans. A striping plan :~d requir;~e for ~l_~k,~- Parkway and Streets 'a", "C". removal of the existing striping shall be the responsibility of applicant. Traffic signing and striping shall be done by County forces with all incurred costs borne by the applicant. Should this project lie within any assessment/benefit district, the applicant shall prior to recordation make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district unless said fees are deferred to building permit. The following conditions of approval from Specific Plan No. 219- Vail Meadows shall also apply: · TR 24131 - Amend tl ' I~sk-),-~989- - April 14, 1989 PaGe 5 All:road improvements within the project boundaries shall be constructed to ultimate County Standards in accordance with Ordinance No. 460 and 461 as a requirement of the implementing subdivisions for the Specific Plan, subject to approval by the Road Commissioner. The proposed "Gateway Road is approved, in concept, subject to the submittal and review of design details. e Any landscaping within public road rights of way shall require approval by the Road Commissioner and assurance of continuing maintenance through the establishment of a landscape maintenance district or similar mechanism as approved by the Road Commissioner. The Rancho Villages Assessment is an integral component of the planning for this area. Prior to the recordation of tract maps within this specific plan or any other projec~ located within the assessment district, the final action~ necessary for formation of the district must be completed.! Should the district fail, the project proponent shall prior. to recordation of any tract maps within the specific plan boundaries, provide for road improvements in accordance with Table XV-Implementation Schedule for Off-site Roadway Improvements, as attached. In response to the concerns voiced by Caltrans relative to cumulative impacts indicating the need to implement demand management strategies and/or provide for the development of additional highway corridors, the project proponent has agreed to fund such a study to be conducted under the direction of the Road Department as prescribed by Caltrans. The study is currently in progress. Very truly yours, t #.C. NQLI, t¥ II.,ll P.H. LII. COTN!, H&rch 20, 1989 RIVERSIDE COUNTY PLANNINO DEPT. 4080 Lemon Street Riverside, CA 92502 AT'TN: Chris Ormsby P~; TRACT MAP 24131: PArcels 23,24,2S and 26 of PArcel HAp 23432 (440 Lots) IltlAL?N S~, J~AuSl~'y S?IqEET Rlvslq$1Df.. ¢& eOROIA SOS SOUTN SU'ENA VISTA ~C~A. CA 01710 lilt So0 ~O~TH S?AT! ST. NEMET. CA 0~$43 IIg, 10 LAKI ILIllOII tall SPitlie ~Ss T~d4~ TZ~LLtM IllllllJl 18~0 LINDEN ITIqtrtrT IlllllOIIS Jill IllSION ItiViNStO~, CA SentloRen: The Department of Public Hetlth has reviewed Tentative HAp No. 24131 ind recommends thiS: A viter lyltem lhill be instilled According to plans And specificliteR As Approved by the visor company And the Hellth Department. Permanent prints of the pltnl of the riser lystem Ihlll be submitted in trtpliclte, vith A linimum IClle not less than one inch equall 200 feet, along with the original driving to the County Surveyor. The printl IhAll show the internal p~pe dil~eter, location of v&lVel Lid fire hydrLitl; pipe And joint lpecific&ttonl, and the lize of the main At the junction of the nov eyltem to the extlting lystem. The plano lhAil comply in all telpectl with Div. 6, Part 1, Chapter 7 of the California Health Lid Safety Code, California Adminiittattve Code, Title 22, Chiptot 16, and General Order No. 103 of the Public Uttlittel Commilsion of the irate of California, when applicable. i~iverside County !~l&nning Dept. Page Two Arts: Chris Ormsby March ~0, 1989 The plans shall be signed by a registered engineer valor company with the following certification= "I certify that the design of the vator system in Tract Hap ~4131 is accordance with the water system expansion plans of the Rancho California Water District ·nd that the visor lorries, Itsrage and distribution lyltil viii be adequate to provide valor service to such Trlct lap. Thil certification does not constitute a guarantee that it viii supply water to luch trlct lap it any Ipecific quantittel, Flovl or prellUrel for fire protection or any other putpole". Thio certification Ihall be liened by a responlible official of the water company. ~Ol_RiiDl_lg!~_b!_lg~ii~l~_~g This Department has a Iratemost from Rancho California Water District igreeing to lerve domestic water to each and every lot in the subdivision on demand providing lattifactory financial arrangements are completed with the lubdivider. It viii be necellary for financial arrangementl to be made prior to the recordation of the final asp. This Department has · statement From the Eastern Municipal WiSer District agreeing to allow the subdivision sewage system to be connected to the severs of the District. The sewer system shall be installed according to plans and specifications &s approved by the District, the County Surveyor mad the Health Department. Permanent prints of the · pleas or the sever system shall be submitted in triplicate. along with the original drawing, to the County Surveyor. The prints shall show the internal pipe diameter, location of masholeo, complete profile~, pipe eld ~oint specifications eld the size of the severs at the ~unctton of the new system to the existing system. A single plat indicating location of sewer lines and water lines shall be m portion of the sewage plans and profiles. Rivers ide;:County Pl&nning P&ge 3 N&rch ;20, 1989 &ttn: Chris Ormsby The plans sh&ll be signed by & registered engineer &rid Lhe lever district with the Following certiFic&tion: "I cerLiFy- th&t the design oF the sewer sysLem in Tr&ct M&p 24131 is in &ccord&nce with the sewer syttem exp&nsion pl~ns oF the E&stern Nunicip&l District ~nd th&t the v&ste disposil system is &dequ&te tt this time to tFe&t the &nticipsted v&stes From the proposed trict Map." It will be nocess&ry For Fin&nc~&l &rrtngements to be completely Fin&itzed prior to record&&ion oF the Fin&! SincereJy~ SWh N&rtinez, Ir--nvironmsnt&l He<h k~nvironment&! He<h Services Spectilist IV SN:t&c hd~, CA 92201 (619) ~424886 CAUFOG~qA DEPAEqMENT OF FC)Rf~Y A~D FIRE F~OTEG~:)N GLEN J. NL-dHAN 2-27-89 4080 Lfmoo ~, ~d~ IlL R~Me, CA 925O1 787-6606 TO: ATTN: RE: PLANNING DEPARTHENT CHRIS OP~S BY TRACT 24131 With respect to the conditions of approval for the above referenced land division, the Fire Department recommends the followinS fire protection measures be provided In accordance with PcLverstde County Ordinances end/or recognized flre protection standards: FIILE PROTECTION Schedule "A" fire protection approved standard fire hydrants, (6"x&"x2½") located one at each street intersection and spaced no more than 330 feet apart in any direction, with no portion of any lot frontage more than 165 feet from a hydrant. ~Ln~num fire flow shall be lOO0 GPH for 2 hours duration at 20 PSI. Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall conform to fire hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." The required water system, including fire hydrantso shall be 1notslied and accepted by the appropriate water agency prior to any combustible building BatmEtal being placed on an= ndtvidual lot. HAZARDOUS FIRE AILEA The land division 1s locatedIn the "Hazardous Fire Area" of Riverside County as shown on m up on file with the Clerk of the Board of Supervisors. Any building constructed on lots created by this lend division shall comply with the special construction provisions contained in Riverside County Ordinance 5&6. All road medians to be set back 30 feet from curb line at all tritersections. Subject: Tract 24131 Page 2 All buildings shall be constructed with fire tatardana roofing material as described in Section 3203 of the Uniform Building Code. Any wood shingles or shakes shall have a Class "B" rating and shall be approved by the Fire Department prior to installation. MITIGATION Frior to the recordation of the final map, the developer shall deposit with the Riverside County Fire Department, a cash sun of $400.00 p~r lot/unit as mitigation for firs protection i~pacts. Should the daveloper choose to defer the tt~e of payment, he/she may enter into a v~ittan agreement with the County deferring said payment to the time of issuance of the first building permit. All questions regarding the meaning of conditions shall be referred to the Planning and Engineering staff, RAYMOND H. REGIS Chief Fire Department Planner Kurt Mastwell, Fire Safety Specialist ams F K[NNLrTH L.. EDWAR~ CHIBF "rNelN~ RIV£1~SIDE: COUNTY FLOOD CONTROL. AND WATER CONSERVATION DISTI~ICT P.O. BOX 10:B,] 111&-EPMONI' (714) TIT-JO1B Riverside County Planning Department County Administrative Center Riverside, California Attention: Specific Plan Section Chris Ormsby Ladies and Gentlemen: Re~ Vesting Tract 24131 Amended Map No. 1 This is a proposal to divide about 105 acres in the Rancho' California area. The 8its is to the north of Highway 79 between: Margarita Road and Butterfield Stage Road. This project is a part of Specific Plan 219, Vail Meadows. The area consists of well defined ridges and natural watercourses which traverse this property. Two major natural watercourses enter the site at the site's northeast corner and middle of the site's east boundary. Storm drains have been proposed to collect and convey these two offsite tributary flows in the Specific Plan= however, no inlet facilities have been shown on the tenta- tive map to collect these flows. Oneits flows and local offsite flows would be handled by storm drains and streets. Following are the District's recommendationst The 100 year offsite tributary flows should be collected and safely conveyed through the lite to an adequate outlet. Onsi%e c~'ainage facilities located outside of road right of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating, "Drainage easements shall be kept free of buildings and obstructions". Offsite 4rainage facilities lhould be located within publicly dedicated ~rainage easements obtained from the affected property owners. The documents should be recorded and a copy submitted to the District prior to recordation of the final map. 4. All lots should be graded to drain to %he adjacent street or an adequate outlet. Riverside County Planning Department Re, Vesting Tract 24131 Amended Map No. 1 -2- March 27, 1989 The 10 year storm flow should be contained within the curb and the 100 year storm flow should be contained within the street right of way. When either of these criteria is exceeded, additional drainage facilities should be installed. Drainage facilities outletting sump conditions should be designed to convey the tributary 100 year storm flows. Additional emergency escape should also be provided. e The properry's street and lot grading should be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area, outlet points and outlet conditions, otherwise, a drainage easement should be obtained from the affected property owners for the release of concentrated or di- verted storm flows. A copy of the recorded drainage easement should be submitted to the District for review prior to the recordation of the final map. Temporary erosion control measures should be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. e Development of this property should be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. 10. A portion of the proposed project is in a floodplain and may affect "waters of the United States", "wetlands" or "~urisdictional streambeds", therefore, in accordance with the requirements of the National Flood Insurance Program and Related Regulations (44 CFR, Parts 59 through 73) and County Ordinance No. 458s & copy of approp~iate correspondence and necessary permits from those government agencies from which Approval ks required by Federal or State law (such as Corps of Engineers 404 permit or Department of Fish and Game 1603 agreement) should be provided to the District prior to the final District approval of the project. Riverside County Planning Department Re~ Vesting Tract 24131 Amended Map No. 1 11. -3- March 27, 1989 Major flood control facilities are being proposed. These should be designed and constructed to District standards including those related to alignment and access to both inlets and outlets. The applicant should consult the District early in t~e design process regarding materials, hydraulic design and transfer of rights of way. 12. All flood control facilities should be constructed to District standards. And all facilities that the District will assume for maintenance will require the payment of a one time maintenance charge equal to the 'present worth' of maintenance costs from the time of acceptance through 1998. 13. A copy of the improvement plans, grading plans and final map along with supporting hydrologic and hydraulic calculations should be submitted to the District via the Road Department for review and approval prior to recordation of the final map. Grading plans should be approved prior to issuance of grading permits. Questions concerning this matter may be referred to Robert Chiang of this office at 714/787-2333, Very truly yours, ccl Robert Bein, William Frost and Associates RC I pln i ~_.. NNETH L. EDWARDS ie~ ~n~ine~r, /J Hs H. SHUaA .'enior Civil Engineer January 18, 1989 Administrative Center · 1777 Atlanta Avenue Riverside, CA 92507 Riverside County Planning Department Attention: Ron Goldman County Administrative Center 4080 Lemon Street Riverside, CA 92501 RE: Vesting Tract 24131 Ladies and Gentlemen: The Land Use Division of the Department of Building and Safety~ has the following comments and conditions: ~ Prior to the issuance of building permits, the developer shall obtain Planning Department approval for all on-site and off- site signage advertising the sale of the subdivision pursuant to Section 19.6 of Ordinance 348. Prior to issuance of building permits, proposed lighting must be in conformance with Mount Palomar Lighting Plan, Zone B, per Ordinance 655. Fireplaces may encroach 1' into required minimum 5' side yard setback. Mechanical equipment may not be located in required minimum 5' side yard setback. Very truly yours, Thomas H. Zngram0 Director DEPARTMEN~ OF BUILDING AND SAFETY Norman A. L~bom, Deputy/D%rect~ Land Use Di4~ion ~ ~' Administr~tion (714) 682-8840 · (714) 787-2020 I'TATE OF CAUFOINIA--'IU~INLI'~, TIAblSI~ITAT1ON AND ~ AO~NCY DEPARTMENT OF TRANSPORTATION January 3, JAN it C~'OI G~ [)~UKA~JIAN, Development Review 08-Riv-79-17.38± Your Reference: VTM 24131 Planning Department Attention Mr. Chris Ormsby County of Riverside 4080 Lemon Street Riverside, CA 92501 Dear Mr. Ormsby: Thank you for the opportunity to review the proposed Vesting Tentative Tract Map No. 24131 located north of Route 79, between Margarita Road and Butterfield Stage Road in Rancho California. Please refer to the attached Development Review Form which documents Celttans' requirements for this project. 'Conformance with these conditions is required for issuance of an Encroachment Permit. If any work is necessary within the state highway right of way, the developer must obtain an encroachment permit from the Celttans District 8 Permit Office prior to beginning work. If additional information is desired, please call Mr. Thomas J. Neville at (714) 383-4384. Very truly yours, H. N. LEWANDOWSKI District Permits Engineer Art. (Your Reference) fian ~e~er WE WOULD LIXE TO NOTE.' CALTRAN~ DEVELOPMENT R~IEW FORt4 ~hen plans are submitted, please conforu to the requireneats of the attached 'Handout". This will expedite the review ~rocess and time required for Plan Check. Although the traffic and drainage generated by this proposal do not appear to have a significant effect on the state highly system, consideration must be given to the c~mlative effect of continued developeat in ~his area. .Any measures necessary to mitigate the c~xlattve impact of traffic and drainage shall be provided prior to or with development of the area that necessitates the~. It appears that the traffic .-4 ~--"-~8~ generated by this p~oposal could have a significant effect-on the state highway syst~ of the area. ~.ny measures necessary to mitigate the traffic I~l t liranegro impacts shall be included with the development. This portion of state highway is included in the California Master ?1an of State Highways Eligible for Official Scenic Highway Designation, and in the future your agency may wish to have this route officially designated as a state. scenic~iEhw~y. This portion of state highway has been officially designated as a state scebic highway, and develoIxnent in this corridor should be compatible with the scenic highway concept. It is recognized that there is considerable public concern about noise levels adjacent to heavily i)z~aveled highways. Land developeat, in order to be compatible with this concern, may require special noise attenuat/~n measures. Developeat of property should include any neces.~ary noise att--nuation. WE REQUEST THAT T)~ ITEMS CHECKED BELCY B£ INCLUD£D IN THE CONDITIONS OF ;t~?ROVAL FOR THIS ~ROJ£CT: Normal right of wa) dedicmtion to provide ~ h~lf-width on the state hiihw~y. Normal street improvements to provide half-width on the state highway. Curb and gutter, State Standard ~ along the state highway. Parking shall be prohibited 01one the state highway by painting the curb red and/or by the proper placement of "no parking" signs. r~diua ~urb returns be provided at intersections with the state highway. ]~{~ndard wheelchair ramp must be provided in the returns. ~ positive. ~ehicular barrier along the property frontage shall be provided to limit physical access to the state highway. Vehicular access shall not be developed directly to the state highway. Vehicular access to the state highway shall be provided by existing public road connections. Vehicular ~ccess to the state hiElr~ay shall be provided .by standard driveways. ' .... Vehicular access shall not. be prOvided within of the intersection at Vehicular access to the state highway shall be provided by a road-type connection. For':n 8-PD19 (Rev. 5/87) : ~.Continued on reverse) Vehicular access connections shall be paved at least within the state highway right of ~ray. Recess points to the state highway shall be developed in a manner that will proviz_ sight distance for ~ mph along the state. highway. Landscaping along the state highmy ~hall be low and forgiving in nature. R left-turn 1.ane, including an ~ecessary widening, shall be provided on the state Consideration shall be given to 'the provision, or future provi. sion,~o signalization and lighting of the intersection of and the state highway. A traffic study indicating on- and off-site flow patterns and volunes, probable impacts, and proposed mitigation measures shall be prepared. Ad=quate off-street parking, which does not require backing onto the state highway, shall be provided. Parking lot shall be developed in a manner that will not cause any vehicular movenent conflicts, including parking stall entrance and exit, within of the entrance frc~n the state highway. Handicap parking shall not be developed in the busy driveway entrance area. Care shall be taken when developing this property to preserve and perpetuate the existing drainage pattern of the state highway. Particular consideration should be given to e~ulative increased storm runoff to insure that a highway drainage probl~n is not created. Any necessary noise ~.t~tenuation shall be provided as part of the develo~uent of this property. .~ Please refer to attached additional couments. WE REQUEST: A copy of any conditions of approval or revised approval. A copy of any doet~ents providing additional state highway right of way upon recordation of the map. WE REQUEST THE OPPORTUNITY TO REVIEW PURlgO THE APPROVAL PROCESS: Any proposals to further develop this property. A copy of time traffic or enviror~u-~ntal study. A check print of the Parcel or Tract Map. A check print of the Plans. for a~y improveuents within the state highway right of way. A check print of the Grading and l]rainage Plans for this property when available. Date: January 3, 1988 VT 24131 (Your Reference) ADDITIONAL COMMENTS: This proposal is related to others seen by this office in the recen~ past ( VT 24133 and VT 24136, Dec 1988 ). Due to the overall sxze of these related =rac=.: and the construc%Isn explosion in thls general area, the con=rac-,or / deve!c;,- sh=u!~ contribu=e ~oward the cos- cf State H~ghway ~mprovemen=s nec-_sary to maxn=ain the exlstln~ t~a~c ficw ~n ~h=~ area In add~t~c.n *,,= =x.~e recommends the '~ntractor/developer par=:c%pa%e 'u =he Ran=hr. V~lla~,~ A~se=sment Distrlct no. 159 and the related EIR Repor% no. 241 == mlti~a%e the im~ac=s Deln~ genera%ed by =h~s proposal. , "H A !l D 0 U T" for ROADQ~AY IHPROVEH£NT PLANS: ** Introduction - This "handout" is intended to provide the permitee with a few guidelines for the design of typical roadway improvements and grading proposals within the State right-of-way. It does not contain all the design criteria that may be used in the review of a specific project nor does it contain any treatment for unusal situations which call for special consideration. Additional information and design standards may be found in the following publications: * Caltrans Highway Design Manual, 4~h.edition * AASHTO's "A Policy on Geometric Design of Highways and Streets", 1984 * Caltrans Standard Plans * Caltrans Standard Specifications ** It should be noted : if any w6rW~:S:...n~cesaa=F:w~hin the state highway right-of-way, the developer'mus='~cain"an encroachment permit from the district 8 office of the State Department of Transportation prior to beginning the work. .. I. Standards - All work wlthln the state highway right-of-way shall be to state standards. A general note stating =his is required and should be included on the title sheet of the improvement plans. II. General Submittals Required - Street improvement plans or grading plans should be detailed enough to provide the contractor with the necessary information to construct the proposed improvements. In general, the plans should include: **** Title Sheet - The Title sheet or Cover skeet should include a vicint¥ map with the project site indicated. The General and/or Construction notes, legend, quantities, index of sheets and typical sections should also be included. Xt should have general notes indicating: --An encroacment permit is required from Caltrans prior to doing any work within the state right-of-way. --All work within the state right-of-way should be to state standards. --The structural section indicated for the state .. highway is for estimating only. Actual section to Re determined after grading and appropriate lab teaEs="A T.I. of should be used in the design. ~' · · ( II. cont.) **** Plan Sheets - These should include and distinguish The existing and proposed construction in plan view. Suffxcxent details and dimensions must be included to accurately ascertain the proposed work and how it will "fit" existing conditions. The existing centerline, any monumentation, bearings, distances and stationing should also be included. All dimensions and offsets should be referenced from centerline of state highway at specific s=ations. Right-of-way and property lines should also be included on the plans. Grading plans should include existing and proposed contours with finish surface (FS) elevations and flowline elevations called out at control points. Cross-slope and side-slope ratios may also be indicated on the plans. The top and toe of side slopes on grading plans must be indicated for the .. proposed grading. The street improvement plans must include the limits and thickness for: Asphalt concrete overlays, new structural': pavement and base. These limits must be delineated with-some method of shading and/or cross-hatching. A trim line or Join line between existing and proposed improvements should also be shown. Special details, profiles and sectsons may be included on the same sheet if desired. All plans must include the scale and north arrow, (Caltrans' normal scale is 1"=50', however a scale of 1"=40' is acceptable when required by City or County officials). A scale of I"=20' should be used for signal plans or whenever greater detail is needed (ie; Special Detail plans). ' **** Profiles - These should include the centerline, top of curb, flowline, trimline or edge of pavement prcfiles if applicable. The horizontal scale should match the plan view and the vertical scale should be 1"=4' or 1":5' (generally, 1/10 of the horizontal scale), or whatever will provide the de~ail needed. The profiles should be combined into ~he plan views using half-plan/half-profile sheets. On grading plans or drainage plans, a profile of drainage' facili~ies should be provided (channels, pipes, ditches, etc.) ***t Cross Sections - Cross sections are required for any street improvements or for grading within state right-of-way. A section every 50' is required along the proposed improvement and special sections are required where existing or proposed conditions change significantly. On projects 200' or less in length, cross sections every 25' are required with a minimum of four cross sections. Special cross sections at the center of culverts, drainage inlets, driveways and road connections may also be necessary. Cross sections must show existing ground or pavement surface and must show proposed pavement widening, overlay and grading within the limits of the work. The thickness of any structural section or overlay must also be shown. Cross sections should indicate both vertical and horizontal scales and must not be distorted by more than a factor of five (reft = 1/5 of horiz). Existing and proposed elevations should be shown at grade breaks. Cross slopes between grade breaks should be indicated on the finish surface. Curbs, gutters, driveways and sidewalks should also be indicated. On cross sections, centerlines, property lines and right-of-way lines are indicated by a vertical line and should be labeled accordingly. It is important that the cross section stationing correspond to the stationing on the plans and that the work indicated on the cross sections and plans 1s within the same limits. D. Jemc, /d,l,,,/ Riverside Co. Planning Dept. 4080 Lemon St., gth Floor Riverside, Ca 92501 SUBJECT: "T'""2/I.,..T 7..~ x'~% - ~-A. %'~4~3 - 5p PI -- k_D(_ The District is responding to your request for comments on the subject project relative to water and/or sewer service. lhe items checked below apply to this project review. The subject project: ~'~ Is not within EHWD's: water service area sewer service area / Will be required to construct/provide the following facilities if to be served by EMWD: !~ewer Service A~y and all necessary regionally sized onstte and off,it, gravity sewers and appurtenant works that might include monitoring nmnholes, lift stations, force mins, 'and effluent disposal/use. Sewers will not be allowed along lot lines/private land. Fee payment and participation in regional sewers, treatment, and.effluent disposal must be met. Only wastes acceptable to EMWD regulations will be allowed. Planning OepartJnent nto Street · Post Office B.,x R)00 · San lacinf-. Cllift~rnia ()2.lB' · Tel, ,I,,ne (-714) 36 UNITED STAT~S POST OFFICE DATE: OUR REF: SUBJECT: COMMENTS AND RECOMMENDATIONS TO: · · RIVERSIDE COUNTY PLANNING DEPARTMENT 4080 LEMON ST., 9th FLOOR RIVERSIDE, CA 92501 FUTURE MODE OF DELIVER¥: CENTRALIZED CONTACT WITH THE U.S. POSTAL SERVICE IS REQUIRED BY DEVELOPER/BUILDER PRIOR TO CONSTRUCTION FOR DELIVERY TYPE AND LOCATIONS. GROWTH MANAGEMENT COORDINATOR ::IiVE::I iDE counc.u i L, nninG DEP, ::ICITIEnC DATE: December 28, 1988 TO: Assessor Building and Safety Surveyor - Dave Duda Road Department Health - Ralph Luchs Fire Protection Flood Control District Ftsh& Game U.S. Postal Service - Ruth E. Davtdson U.S. Fish & gtldltfe Services RiVerside County Parks Eastern Muncipal Water District Sotuhern California Edison Southern California Gas VESTING TRACT 24131 - (Sp Pl) - E.A. General Telephone 33433 - Bedford Properties Robert Beth, Ca1 Trans .~8..--~--,~.--.-~- ........ ~ William Frost & Assoc. - Rancho Elsinore Llni£1ecl .School.District ':.-.' ~Caltfornia Area - First Supervtsortal Walt Abraham Commissioner .... District - E'ly of Hargartta, S'ly of C.J. Crotinger Pauba - Sp Zone - 105.4 Acres tnto 441 Community Plans lots - Schedule A - No Waiver - (RELATED CASE SP) - Mod 119 & IZO - A.P. 923-230-001,002 Please review the case described above, along with the attached case map. A Land Dtvtston Committee meeting has been tentatively scheduled for danuary 23, 1989. If tt clears, tt wtll then go to public heartng. Your comnents and recommndattons are requested prtor to January 23, 1989 in order that we ~ tnclude them tn the staff report for this particular case. Should you have any questions regarding thts ttem, please do not besttare to contact Chris 0rmsby at 787-1363. Planner The Elstnore Union Htgh School Distrtct facilities are overcrowded and our educational programs seriously tmpacted by Increasing student population caused by new residential, cm~erclal and Industrial construction. Therefore, pursuant to California Government Code Section 50380 of AB 2926 and SB 327, this district levies a fee against all new development projects within its boundaries. DATE: ]/4/B9 S[$HATURE PLEASE print name and title .4080 LEMON STREET, 9 TM FLOuH RIVERSIDE, CALIFORNIA 92501 (714) 787-6181 I I..y i) Uaw. $uperintendej~.209 UA~I~ $1REET, ROOM 304 INDIO, CALIFORNIA 92201 (619) 342-8277 INTI PI-I:) i leANTM l NTAL i. ITTI R Februe ry 9, 19 8~l~l~p~T Chris Orlsby, Planner, County Planntng IMrc Brewer, Assistant Park Plannm', County P&rk~ SUBJECT: Tentative Tracts: 24131, 24132. 24134, 24135, 24136, 24137 VaJ1 Heado~s SP 219/EZR 235 The Riverside County Parks Department appreciates the opportunity to review the above referenced and offers the following coetaents: Parks and Recreations The Development of the proposed tracts wt11 have minimal impact on existing ragtonal park facilities. The County Parks Department also has a county-wide recreation trat1 system. As Indicated by thts department's response to S.P. 219/EIR 236, Hay 26, 1988 and the Planntng Department's conditions of &pproval October 4, 1988, the developer was to provtde recreation tratls along the south stde of the Pauba Road right-of-way and along the north stde of the De Portola Road right-of-May. The latter ts to cross De Portola Road at the develoFrnent's western most boundary, follow the boundary due south and extt the stte tnto private property to the west. Tentative tracts 24132 and 24134 wtll tmpact the P&uba Road recreation trail end tentative tracts 24136 and 24137 wtll tipact De Portola Road Tratl. The above lenttoned tracts eke no reference to trills or tratl easements. The Parks Department wtll 'requtre these trat1 locations to be sho~n on i11 tract maps and that they b~ graded tn an acceptable Ilnne~. The Parks Department also requests that t be Itsted as clearance agency for lips and gradtag plannings dealtrig with thts project. Culture1 and Htstortc ResouTces _~entatlve IriCt 24131,* 24132o z4134o 24135: *Conditional approval ts granted for T.T. 241310 241320 24134, and 24135 wtth regard to Cultural end Htstorlc Resources only. Conditions for Approval: Should arLy prehistoric or htstortc resources be discovered or uncovered durtng the gradtng process, all work tn that irea wt11 cease until the resource 1s evaluated by an archaeologist, or historian and mitigation ts determined and approved by the Htstory Dtvtston of the Riverside County Parks Department and the Archaeological Research Untt, University of California, Riverside. Tentative Tract 24]36: Conditional approval ts granted for T.T. 24136. Conditions for Approval: At the ttme of the a11gnm;~s of De Portola Road the htstortc resource Rtv-3390-H vas not known. stte was found as m result of the Htstory Otvtston's original mitigation for conditional approval of the EZR d219 (May 25 1988). Although RIv-3390-H ts located south and east of T.T.24136, the realignment of De Portola Road must be resolved before ftnal approval of thts T.T.Z413G ts given by the History Division. Tentative Tract 24137: Conditional Approval ts granted for T.T.24137. Conditions for Approval: Street "A", whtch cuts south and east off De Portola Road, should not be cut or graded, etc., unttl ~tttgatton by data 11actton ts completed for Rtv-17Za, Rtv-172g and Rtv 3391-H. The road wt~ tmpact all three of these sites at present. Any work tn T.T.24137 must avoto parcel #6 and Rtv-17Z8 untt1 all archaeological work ts completed tn that area. The use of heavy equipment anywhere south of De Portola Road must be avoided unit1 all archaeological work ts completed and protective measures are taken to ensure the safety and future existence of the cultural and htstortc resources In that area. Protective measures should constst of fenclng around RIv-3390-H, being sure mt to allow fencing to Impact the site. All movable surface htstorJc resources south of De Portola Road should be photographed, recorded ~nd mapped, &fief ~htch, they may be moved wtthtn the fenced area It Rtv 3390 H. HoweYet, the project archaeologist must dtrect and supervise the lovemerit and placemnt of these resources to Rtv-3390-H to ma~e sure their placement will not Impact the site. Although T.T.Z4137 ts west of Rtv-3390-H, the realignment of De Portola Road must be resolved and the shove conditions met before final approval ts granted to the History Division. m/KH/0376S OI I~APlTMB NTAL i. ITTI R COUNTY OF RIVERBIDE PLANNZNG DEPARTRENT January 31, 1989 TO: Chrts 0rmsby - Spectfic Plans FR01~: Steven A. Kupferman, Engineering Geologist RE: Tentative Tract 24131 Slope Stability Report No. 87 The following report has been revtewed relattve to slope stability at the subject stte: · Slope Stability Analysis, Tentative Tract 24131, The Meadows at Rancho California, Rancho California, CA,' by Converse Consultants, dated December 5, 1988. Thts report determined that: 1. All slopes proposed for the subject tract at or below a height of 35 feet will be grossly stable. 2. Both cut and fill slopes have a high potential for erosion of sane mtertals and resultant surftctal instability. 3. Low strength parameters exist for claystones and siltstones. This report recommnded that: 1. 6eologtc'tnspectton of all cut slopes should be conducted durtng grading. 2. Buttress ftlls my be rebutted for cut slopes with adverse mtertals or conditions. e Proposed slopes at the Site should be planted soon after construction and will require maintenance to perfom tn a satisfactory manner through time. This report satisfies the General Plan requtre.mnt for a slope stability report. The reconmnendattons in this report shall be adhered to in the design and construction of this project. SAK:rd RIVERSIDE COUNTY PLANNING DEPARTMENT NEGATIVE DECLARATION AND NOTICE OF DETERMINATION c,,, ,o. EA No. ~/~ (K NEGATIVE DECLARATION Based on the Inittal Study, tt has been determined that the proposed project will not have a significant environmental effect· PROJECT DESCRIPTION AND LOCATION: Roger S. Streeter. Planning Dlrecto~ C~PLETED ~te . d Appl/Rep ~J~rl ~t~ ~,.] Land Dtv Sch ~velopable Lots ~te Submitted IZ-~-gg' Open Space Lo~ Existing Zones Changes of Proposed Zones Only Zomng Acreage ADOPTED lardof Supervisors Person vet. trying adoption nning Commission Date ~/'/~'~I O Area Planning Council C) )rF~nt ng Oi rector 0 (Other) Oev. Ac ~ O.Sp. Ac ~ HEARING BODY OR OFFICER i )ard of Supervisors lanning Cmmisston NOTICE OF DETERMINATION ACTION ON PROJECT ~pproval Oa~ Oi s~pproval "/-~Z'*'~ Area Planning Council Pl~'Entng Director (Other) Dev Ac' Open Space Lots /3 0 Sp Ac Changes of ~pproved Zones Only .tones Acreage The project wtll not have a significant effect on the environment and a Negative Oeclaration has been adopted and may be. examtne~at the~Planntng Oepartment at the address below. Person verifying action 8.~:., t~.Jxa~[*~j~ Title ~Ann,y' ~ RIVERSIDE COUNTY PUNNING DEPARTMENT ~' '080 LEHON STREET, gTH FLOOR .,zvE.sxoE; CA 9Z50 leaAte Or}4tM1. - Coeat4, Clerk Caaar3r - Caee 1Vile iVERMDE COUrlCY ?l nninG DEi)A:IQ11ErlC ENV~~ENTAL ASSESSMENT FORM: ENViROM~N'I'AL A~:'~ F..A.) Ht~BER: 33433 PROJEGT GASE TYPE(s) ANt) NUMBERS(s)~ Vestinq Tract 24131 AI~UOAAIT~. NAMe' Bedford Properties STANDARD EVALUATION MODULE NUMBER(m): 119 & 120 Chris 0rmsby, Planner III L PROJECT INFORMATION A. OESCRIPI'ION (Include t,,,.p;m~ mini~ Io! 8]z~ lind u~ lB N:)pllclble): within approved Specific Plan No. 219 The si~ is located PROJECT AREA: ACRES A..~.~ESSOR'S PARCEL NO.(a): 105.4 923-230-001,002 ; er SQUARE I:EET D. EXISTING ZONING: SP E. PROPOSED Z(~)NiNG: F. ~IREET REFERENCE~ Fa~t of MargPrtt. a Rd; IS THE PROPOSAL IN CONFORMANCE? Y IS THE PROPOSAL IN CONFORMANCE? _ touth of Pauba Rd: North of HighwLv 79 ~ECTION, TOWNSHIP, RANGE DESCRIPTION OR ATrACH A LEGALDESCRIPTION: Township 8E Range 2~ ~UEFDE~F~F-~HEEX~ST~NGENV~:~NMENTAL~--~-r~NG~FTHE~=R~JECT~TEAND~T~URR~U~NG~: The site is comprised of rolling hills. The site is vacant at thiq time. L COMPREH~ GENERAL PLAN OPEN 8PACE AND CONSERVATION DE$10NATION the appn:q:xtm oplkm(s) below and p~sceed ~!y, ~ pitt M ~e pn)#ct lite II In 'Adol~ed Specific Ptlr4,' "REMAP" ~, 'Rancho Vllli0es Community I:'Idicy AINU'. Compl~ .'~.'ticr~ B. N (B ~ C rely). V md VL r'l AI or ~ M ~e pn))mc( IM II In 'Arm, u Not Demlgnmted it Open 8pace". Complete Sections III, N (A. B and D omdy).V md Vt. I. INY~ONMENTAL HAZARD~ AND IlIF. SOURCE$ A~SEE,~MENT A. ~e lie nl~ur~ of I~e i~ ~...~, i :/Send u~ iI de(MTMned/TOm the d#c~tPtJOn118 ~xmd ~ ~ ~1 ~n ~ure ~ (Ckdl Onl). 'Yhil bit... -":nil ~ Io tilt/.,;hi i~l Ipproprilte lind uM lultlbiJity flunks in 6ictJon IILB. eL( - NM ~(_L~. Crmc~J F. mnt/J .: ,,V .igh P,~ i Non~t-L.c~ R~k I .~ Indlcite w~ · yil (Y) or 11o ~ whidhw Iny envlronmM~t~ hLzJ~l Bnd/or/~lrCl ~ my ligt~lficlrdJy affect o~ be affected I)ythepl'opc~. Aff~if~_. ,clc~fiOuI, Nl~w~iJnedlnff~eComprd~ermh~(~enetllPlln- ForlnyiMuenm~edy~s(Y)write ~ ~ souroil, t. lr~C ~ I cormufled, finclln~ o/~ ~ I~y m~olffon n~uufl~ under S4c~ V. AJIO, whe~t incliGIted, ~rcJelhe. $r ,,P,~ I1 kndme adti)m~,or n01M k:cepmbilty rmUng(8). (SN definiUonsat ~ o~ff~18 IpaOe). HAZARDS 10. H 11-N (~ U R (trio. Vt.6) ~ VlJ) 16.__Y 19. N 20. H 22. N 23. H 24.__ 25. C)lher Noise NA A B C D (Fig. V1.11) Project Gef~erlted Nolee Affecting Nole~ SermJttve Ulel (Fig. V1.11 ) Not# 5en$ffiv~ Projec~ (Fig. Y!.11) Air Ouality Iml:mcts From Project Project Sef~'rUve 10 Air SuBJify Water OueJi~y In~cts From Project Project Se~Uive Io wirer Oullit¥ Hlzirdoul Miterisis lnd Wutes Hazmclou~ Iqm Arab (Fig. VI.30 - VI.31) Other Other RESOURCES 27__ In of Nlir m AFt:~tu~W Pm~vt 82 N 8om~ I~ghwsy~ (no. ~4s) Amh~:)~h:~J Re~ufm~ I:~ontok:~glcll Re~lrC~ Definltiof~/or Lind Uie Suitability and Noise Acceptability Ratings NA - Nol ApprP~~-'1 8 - Oe~emlty Suitable P8 - Pmvisiorm,y Suitable u- (brutally ~ n - I~:t~::l,d A - Oene~ty Accept~e B- C, ondl~miJly ~ C - Genel~ Unlcc~1~lble D - IJncl Use Discouraged 1. OPEN~RILCEANDCOI.F,..J.(VA~~~GNAT1ON(s): AnDroved _~p~r. ifir Plan No. 219 ~. LAJ~USEPLA~ARF.)C Southwest & ~UBAREA, F ~: 4. OOMklJI~TYIK)UCYAREA, FANY: )it. Territory Land Use Planninq Area Palomer 0bservatorv Street Lightinq Policies & CC~vIML~PL~FANY: Southwest Area Plan (under study) & C(3MklJNiTYPLANDESK3NATION(mLFANY: ~UI~OFPO~AFFECT1NGFRC)I~ The comprehensive policies and project design component described in Specific Plan No. Zlg are applicable to the project. )lore specifically, the focus of applicable policies is on Planning Areas 15 and 22. 'lhese areas encompass the entire tract. or bo lifeclod by lho pn:qxJ&ul. All mf~ J$Ourm~ are c~q~ir~l in If~ ~:wnl:)fohonsive ~ Pt~. Fo~ any Irasue ~ ym (Y~, write dart ~ ugu~'.ms consuric!, fin0ingm, d ~ and mJtlOatio~ measures under S~'tJofi V. PUBLIC FACILITIES AND SERVICES 1._Y._ d~Y l'..y._ CbcMation (F'm0. N.1 -fV.11. Digc uts in Br,. V ExMnO, Pimrw:l & nmq._'m~cl mm~ I)1N8 ~rlo. IV.12. N.13) wmm bummr ~ I.iI~m,,'m) Flit 8ervlc~8 (FiG N. le - N.18) Bald tMIMB ~ N.17 - N. tB) II~kl lnd RIcrldm ~ N.1B . N~ kin', ~ In (IM Im mpecmc IX~ miX~y~g to tm i~;ommt end c~ 1, Io~: 1. ~mmimthm~mimvir~lmndumdeeign~l) Adopted Specific Plan No. 219 k~dm~n~t~m~udy~kthepr~;~e~mc~n~wRh~hep~ec~ndde~n~-.tiqr~d~~.md~c~u~*~r ~mmdll~jm~.6~i~ml~W~~~l~? ff~C~_~: The proposal lS cons ~ t with the poltctes and designations of adopted Spjctflc Plan No. Z~. · w. um ute M'mue 'nON ~ · D. IIl~rlmfioflle~lcllMIIln"AmMr~~teduOpin~".lndlln°tlnl~~.Wle ' Omtkm 1, & & imd 7. Comi:kl q~.,:n~ 4, 8, e md 7 I it i in · Gommurdty Fish. 1. Lind ~e citegory(be} rkl:llltn/k) lUl:)golt fie I~L~.011d ~ AMO indale K ule type AJlc) Indicate ~ use t~:)e & f D.l~br~ (ram D.2.,wl the cl11~mcz be meoh~ ~t f4 Oevelopnw~ rage? ~: 4. Oonmu~ ~ dmJgrmUcm(m): 6. k tm G,,,upoM. d pn)ject conrdsUnt w~ 11'4 IX:d'cies Incl cl#ignatioM dtM Community Pin? I noL expM~: the pl,.;Olft ~tJb4e w~h existing Ind proposed lunoundino Ilrld ules? E. j M m frotort d ~ pn:4oct oM M k~ m Owm~ 8Pece Ind Oonmm~i~b:n d#Jgrmtfon, contcdmU ~ Jo4Jov~o: 'L emmmmm Im dmmm~m): INFORMATION ~)URCF.~, FINDINGS OF FACT AND MITIGATION MEASURES A. ~DDlllONA~ m~FORMATION REQUIRED BEFORE EHVtRONMENTAL ASSESSMENT CAN BE COMPLE'FED: :.:'- DATE DATE ADEQUACY ~[Cl'1ON/' " raNFORMATION INFORMATION INFORMATION ~ I~SUE NO. REQUIRED · REQUESTT~ RECEIVED (YESA~OJ)ATEI For ~ch ~ marked ymm (Y) under ~ III.B and N.B, Identify Itm Section and I~ue number and ao the taBowing, In Ihe format u ~xwvn belo~.. 1. List all additional relevant data aourc~, including a~ef'~c~s c~rt~ulted. 2. ~t~te ~!1 findings of f~ct regarding envlro~mantal concemt. 3. Slate ~ mitigation measures, If identlfi~ble without requiring an environmental Impact report (E.I.R.) 4. If ~lclltJorml Inlorm~Uo~ i~ rm:lulred before lhe environmental uae~ment c~n be completed, ruler to Subsection A. 5. ff iddilkm~ ~eets m'e needed to complete ~is ~ctlon, check I~ box at Itm end of the ~ection and attach Ihe nBCBBB~ry ~eets. IIIB.3 IIIB.4.8 IIIB.17 The acceptable level throuqh conformance with the and County ordinances. ~,OURCES, AGENCIES CONSULTED, FINDINGS OFFACT, MfflGATION MEASURES: General Plan designation for land use suitability pertaining to r~n h~ mitigated tn an Uniform Building Code Potential siqnificant impacts related to slopes and erosion includes the visual appearance of permanently altered land forms, severe erosion of unprotected slopes and possible slope instability. The potential impact pertaining to visual appearance is mitigated by Development Standards outlined in Section IIIA.6 of SPeCific Plan NO. 219. The potential for erosion is being studied'in a slope stability study and the development of specific requirements for alluvtal/colluvial removal at the tract staqe. Temporary groundcover will be provided to prevent erosion during the construction phase as indicated in FIR No. 235. Potential noise impacts will be determined by noise studies to be rnnd,rtpd ~lnng rn~dwaj/~. Mitigation will include heiqht of attention wall and any other reconmnended by the noise study. Monitoring and mpnrti~ it r~q~ired. V. INFORMATION 8OURCF.8, FINDINGS OF FACT AND MITIGATION MEASURES (continued) llIB.18 8OUFICES, AGEIgC~S CONSULTED. FINDINGS OFFACT, MITIGATION MEASURES: A statement of overriding findings was adopted by the Board of Supervisors for cumulative effects on air quality which cannot be fully IIIB.26 mitigated. Although a small portion of the Site has soils suitable for agriculture based on the General Plan, it was determined in EIR No. 235 that there would be no significant impact due to the loss of agricultural land. The ~ite tt within the historic range of the Stephens' Kangaroo Rat. A biological report prepared for The Meadows Specific Plan (SP 219) indicated that nnne nf the gpecie~ wPre locatPd on the site of the tract. Therefore, no mitiqation was required. IVR 1 ,t-q, Th~ 4c$1m~ hav~ h~n di~rmJ~d and addre,ted in ~perifir Plan No. 219. Correspondinq environmental review is thoroug~l~ discussed in EIR No. 235. Impacts have been reduced to an acceptable level. VL ENVIRONMENTAL IMPACT DETERMINATION: ~ 'The project win not have · olgrdfJcafit effect ~ the etwtrormwfit and · Negative Oeclaratkm may be [~] ~ proj~ could h~vm a mignlf~ ~ffmct on Ih~ ,nvironm~nt; howmyer. Ihem mall not be a algnifcant CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT FINAL VESTING TRACT NO. 24131-1 DATE March 7, 1991 FAITHFUL PERFORMANCE SECURITY IMPROVEMENTS Streets and Drainaqe 1,025,000.00 171,500.00 182,000.00 Water Sewer TOTAL 1,378,500.00.00 *Maintenance Retention (10% for one year) *(or Bonds if work is completed) Monument Security City Traffic Signing and Striping Costs RCFC Drainage Fee Due Signalization Mitigation Fee - SMD #9 Road and Bridge Benefit Fee Other Developer Fees Plan Check Fee Due !nspection Fee Due Monument Inspection Fee Fee Paid To Date (Credit) Total Inspection/Plan Check Fees Due MATERIAL & LABOR SECURITY $ 512,500.00 $ 86,OOO.OO $ 91,000.00 $ 689,5O0.00 $ 137,850.00 $ 36,000.00 $ -0- $ -0- $ 13,950.00 $ -0- $ -0- $ ~!2,2!3.25 $ 45,126.13 $ 1.169.03 $ 88,508.41 $ -0- A: 24131-1.FTM CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP/TRACT NO. 24131-1 Infrastructure DATE April 17, 1991 FAITHFUL PERFORMANCE SECURITY IMPROVEMENTS Streets and Drainaqe $ 681,000.00 251,000.00 $ 46,500.00 $ 978,500.00 Water $ Sewer TOTAL *Maintenance Retention (10% for one year) *(or Bonds if work is completed) Monument Security City Traffic Signing and Striping Costs RCFC Drainage Fee Due 5ignalization Mitigation Fee - SMD #9 Road and Bridge Benefit Fee Other Developer Fees Plan Check Fee Due Inspection Fee Due Monument Inspection Fee Fee Paid To Date (Credit) Total Inspection/Plan Check Fees Due MATERIAL & LABOR SECURITY $ 340,500.00 $ 125,500.00 $ 23,250.00 $ 489,250.00 $ 97,850.00 $ $ $ $ $ -0- 32,142.35 32,142.35 -0- 64,284.70 -0- A: 2413!-!.FTM 4 ITEM NO. 6 CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Engineering Department ~ May 14, 1991 Final Vesting Tract Map No. 24133-4 PREPARED BY: Douglas M. Stewart RECOMMENDATION: That the City Council approve Final Vesting Tract Map No. 24133-4 subject to the Conditions of Approval. DISCUSSION: Tract No. 24133 was originally submitted to Riverside County Planning Department on December 9, 1988. The Tentative Vesting Tract Map was approved by the Board of Supervisors on May 23, 1989. Final Vesting Tract No. 24133-4 contains 116 residential lots within 21.65 gross acres. The tract is located south of Amarita Way and west of McCabe Drive. This tract is part of The Meadows Specific Plan ( SP 219) and Development Agreement No. 4. The applicant is Bedford Properties. The following fees have been paid or deferred for Final Vesting Tract Map No. 24133-4: Signal Mitigation Fee (Deferred to Building Permits) Area Drainage Fee (Paid) Fire Mitigation Fee (Deferred to Building Permits) Stepben's K-Rat Fee (paid) $ 17,400.00 14,617.40 46,400.00 42,217.50 A: 24133-4.TM 1 Requirement of Quimby fee (Park Fees) is not listed in the County of Riverside Conditions of Approval for Final Vesting Tract Map No. 24133-4, however. past City actions have determined that clauses within a development agreement provide latitude to require park fees, Staff is recommending adoption of a condition requiring payment of Quimby fees, This is not considered a new condition, but a clarification of existing requirements, The following bonds have been posted for Final Vesting Tract Map No. 24133-4: Faithful Labor and Performance Material Street and Drainage Water Sewer Survey Monuments $611,500.00 163,000.00 172,500.00 $ 32,000.00 $306,000.00 81,500.00 86,500.00 FISCAL IMPACT: Not Determined. SUMMA RY: Staff recommends that the City Council APPROVE Final Vesting Tract Map No. 24133- 4 subject to the Conditions of Approval and the following condition: The Quimby fee shall be paid as required by the City of Temecula Community Services Department, BY:ks Attachments: 1. Development Checklist 2. Location Map 3. Copy of Map 4. Conditions of Approval 5. Fees & Securities Report A: 24133-4.TM 2 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST Final Vestinq Tract Map No. 24133-4 The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan (K-Rat) Parks and Recreation ( Quimby ) Public Facility ( Traffic Mitigation ) Public Facility [ Traffic Signal Mitigation) Public Facility I Library) Fire Protection Flood Control IADP) Condition of Approval Condition No. 26.b. Not Conditioned, See Staff Report N/A See Road Department Letter Dated 4/17/89. Item 22 N/A See Fire Department Letter Dated 2/24/89 Condition No. 14 A:24133-4.TM 1R 24134 'IR2413S 1R24135 11'{ 24137' TUnF \ ~IC_.I N ITY' ~AP- TRACT SCALE, I" ~, 200' SHEET 3 OF ? SHEETS IN THE CITY OF TE!'ECULA. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. TRACT NO. 24133-4 BETlaG A ~U~OI~TSTOII OF'PAJ~ 19 OF PAJ~ ~ gO. 23432 AS A FU~ FILED Ill BOOI[i~ ·PAOE$ :~1 THROU~I 61 OF P~ ~S ~ RIV~SI~ ~TT. ~T. 1989 P~ ~0 ~IAT~ LINE DATA LINE DATA AMARITA ZO ~ . TRACT J8 ~ t I ~-- .... '=;V ~ , / ~ ,...~ . , // / X ,' ', - ] :liVr-:l iDE county -PLAfinin DF.?ARc nc DATE: June 8, 1989 RE: TENTATIVE VESTING TRACT NO. 24133 Amd 1 E. A. NUMBER: TEA~383 SPECIFIC PLANS' Oear Applicant: The Riverside County Board of Supervisors has taken the following action on the above referenced tentative vesting tract map at its regular meeting of May 23. ]989 . ~APPROVED tentative map subject to the attached conditions. D£NIED tentative map based on attached findings. APPROVED withdrawal of tentative map. The vesting tract mp has been found to be consistent with the all pertinent elements of the Riverside County General Plan and is in compliance with the California £nwtr~ental quality Act of 1970. The project will not have a significant effect on the environment and a Negative Declaration has been adopted. A conditionally approved tentative vesting tract map shall expire 24 months after the approval et the Board of Supervisors Hearing, the date of which is shown above unless within that period of time a final map shall have been approved and file wit, the County Recorder. Prior to the expiration date, the land divide may apply in writing for an extension of time. Application shall be made to the Planning Director thirty (30) days prior to the expiration date of the tentative map. The Board ~ Supervisors may extend the period for one year and upon further application a seco.,~ and a third year. Very truly yours, RIVERSIDE COUNTY PLANNING DEPARTMENT Roger S. Streeter, Planntng Director RG:mp Ron Goldman - Principal Planner 4080 LEMON STREET, 9TM FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 7'87'6181 46-209 OASIS STREET, ROOM INDIO, CALIFORNIA 922 (619) 342-8277 NO. 2 - VEST/NG TRACT NO. 24133 ;~d. No I - VESTING NO. 24134 ;~d. No. I - VESTING ~ NO. 24135 ;~d. No. ! - VESTING ~ NO. 24136;~d. NO. 1-VESTINGT~ACTNO; 24137 ;~d. No. 1 - Bedford Properties - Supervisori&l District i - Rancho Californ~a Area - 698.1 Acres 2,519 lots - scbeane A - S~ Zo~ng RfX~IVE AND FILE the abov~ mentioned case acted c~ by the Planning Cu,i[~ssion cm April 12, 1989. T~E PI~M~II~ O~lVl~ffSSI(!~: ADOPTED The Negative Declaration for Env/ro~ental Assessment NOs. 33433, 33470, 33383, 33469, 33434, 33413, and 33414 based on the fincLings inoorporated in the en~tal assessment and the conclusion that the proposed project will not hav~ a significant effect on the envirc~ent~ and P, SS: CO: gs 11A VI' No' S 24131, 24132 24133, 24134, 24135, 24136 24137 April 19, 1989 Page 2 APPBG~D VESTING TE2~L%TIVE TRACT NO 24131 ;~d. No. 1, subject to the attache~ conditions and based c~ the findings and oonclusions incorporated in the Planning C~',,,%[ssio~ minutes dated April 12, 1989; and, APPROVED VESTING T~gTkTIVE TRACT NO. 24132 ;~nd. No. 1, subject to the attached cond/tions and based ~ the f/rid/rigs and conclusions · ncorporated in the Planning C~,m.~ssio~ minutes dated April 12, 1989; and, APPROVED VESTING T~2~L~T~ TRALT NO. 24133 Amd. No. 2, subject to the attached conditions and based on the find/rigs and conclusions · ncorporated in the Planning C~,,,.~ssion minutes dated April 12, 1989; and, APPRDV~D VESTING T~:~3tTIVE TRACT NO. 24134 J~nd No. 1 subject to the attached conditions and based on the f/ridings and conclusions Incorporated in the Planning C~,,,dssion minutes dated April 12, 1989; and, APPROVED VESTING T~qTkTIVE TRACT NO. 24135 ;~d No. 1, subject to the attached conditions and based on the find/rigs and conclusions incorporated in the Planning C~,,,c[ssion minutes dated April 12, 1989; and, APPBOV~D VESTING T~4TATIVER TRACT NO. 24136 ;~d No. 1, subject to the attached cc~diticns and based on the findings and 0ooclusions lnoorporated /n the Planning Ccmnissic~ minutes dated April 12, 1989; and, APPRO97~ VESTING TE~TAT~ TRACT NO. 24137 ;~d. No. 1, subject to the attached ~tic~s and based cm the findings and ocmclusions · ncorporated in the Planning Ccxmdssion minutes dated April 12, 1989. R~¥ERS~DE COUNTY PLANNZNG COHNISS[ON N~NUTES (AGENDA 1TEH 5-4 - Reel 1025, Stde 1 and 2 - Tapes No. 3A, 3B, 4A) YESTING TRACT HAP NO. 24131 - EA 33433 - Bedford Properties - Rancho California Area - First $upervtsortal District - easterly of Hargartta Rd, southerly of Pauba Rd - 441 lots - 105o4~ acres - SP Zone - Schedule A with VESTING TRACT HAP NO. 24132 - EA 33470 - 223 lots - 90.2~ acres - SP Zone - Schedule A and YESTING TRACT HAP NO. 24133 - EA 33383 - 693 lots - 163.7~ acres - SP Zone - Schedule A and VESTING TRACT FlAP NO. 24134 - EA 33469 - 310 lots - 91.2± acres - 5P Zone - Schedule A and VESTING TRACT MAP NO. 24135 - EA 33434 - 325 lots - 83.5~ acres - SP Zone - Schedule A and VESTING TRACT MAP NO. 24135 - EA 33413 400 lots - 99.8:~ acres o SP Zone - Schedule A and VESTING TRACT HAP NO. 24137 EA 33414 - 147 lots - 64o3~ acres - SP Zone - Schedule A Heartngs were opened at 3:30 p.m. and were closed at 4:19 p.m, STAFF RECOHHENDATION: Adoption of the Negative Declaration for EA Nos. 33433, 33470, 33383, 33469, 33434, 33413, and 33414 and approval of Testing Tentative Tract Nos. 24131 Amended No. 1, 24132 Amended No. 2, 24133 Amended No. 1, 24134 Amended No. 1, 24135 Amended No. 1, 24136 Amended No. 1, and 24137 Amended No. 1 based on the findings and conclusions listed In the staff report. Staff advised that the vesting tracts are to Implement the ~estern portion of The Meadows Specific Plan (SP 219), which ts located east of Flargartta Road, west of Butterfield Stage Road, north of Highway 79 and south of Pauba Road. The proposal ts to subdivide approximately 698.1 acres Into 2,529 residential lots and ]00 open space lots/school sites. Zoning on site ts SP. Surrounding zoning ts SP, R-R, R-A, R-a-2~, R-A-S, A-1-10 and C-P-S. The site consists of rolling terrain except for the southern portion which ts flat, and Is vacant with the exception of a portion of Vesting Tract 24137, which has some percolatton ponds. The site had been used for dry farming where topography permitted. The site ts located near other adopted Specific Plans such as Vail Ranch (SP 223) and Redhawk (SP 217) to the south, as well as approved tracts to the east. The proposed development conforms wtth the residential densities and design standards of the specific plan. Vesting Tract 24131 will divide 105.4 acres Into 440 single family lots, wtth 13 open space lots, and was amended for a minor redesign of the tract to facilitate circulation. Yesting Tract 24132, Amended No. 2 proposes to divide 30.2 acres tnto 214 single family lots wtth 11 open space lots Including an elementary and Juntot high school site. The Issue of slope stability was a concern of all the tracts and ~as raytawed by the County Geologist. Vesting Tract 24133 proposes to dtvtde 163.7 acres Into 693 single family lots and 23 open space lots and has an extensive paseo system which links to an active recreation area. The Fire Department was concerned about tnternal circulation and worked to avoid curttrig through the paseo area. The cross secttons of the greenbelt/paseo area ts on file. Yesting Tract 24134 roposes to divide 91.2 acres Into 311 single family lots and 19 open space ors, which Included a 2,5 acre lot for a day care center. ¥esttng Tract Map 24135 proposes to. dtvtde 83.5 acres Into 325 single famtly lots and 19 open space lots..Vesttrig Tract Map 24136 proposes to dtvtde 99.8 acres Into 400 RIVERSIDE COUNTY PLANNING COMMISSION FIINUTE:S single family lots and 8 open space lots. There is a historic site on this map and on Tract 24137 and a letter on this site was incorporated within the staff report. All concerns have been resolved. Tract 241)7 proposes to divide 64.3 acres into 146 single family lots, a 9.1 acre commercial lot and 7 open space lots. A liquefaction study was prepared for this tract and was reviewed by the County Geologist to his satisfaction. Staff modified the conditions of approval as follows: Condition 18-e for Tracts 24133, 24134, 24135 and 24137: 'Trash bins, loading areas and incidental storage areas located in recreation areas shall be located away and visually screened from surrounding areas with the use of block walls and landscaping.' Condition 18-f mmended to read "bike access to recreation areas.' Condition 21 to be replaced by standard language for the property owners association maintaining the common areas rather than the strict CSA requirements. Condition 26-a shall be deleted since none of the tract areas are in the study area for the Stephens Kangaroo Rat or within the known occupied habitat. Condition 26-c should be modified to read: Prior to issuance of building rather than grading permits. Condition 29 should be added to all the tracts, referring to the CEQA monitoring of the mitigation measures. Con~tssioner Beadling said that there is 100 acres either for schools or open space. She asked if they took the school sites out, how much open space would they have. Staff advised that there are 243 acres devoted to recreation and open space outside of the school sites. Commissioner Beadling asked whether there was a provision for a clubhouse, and staff advised that there are plans for recreation centers within the plan. Staff will receive plot plans for the open space areas. Lee Johnson, Road Department, advised that item No. 4 for Tract 24133 should be amended to read4_~66 instead of 44/66. TESTIMONY OF PROPONENT: Mike Ryan, Bedford Properties, 27405 Ynez Road, Rancho California, said that they concur with the staff report and all conditions of approval except for one. He said that the condition appears in all the tracts. lhey would like added to item 16 of the Road Department letter dated ~rch 7, 1989 'or as approved by the Road Commissioner.' Mr. Johnson concurred with that proposed amendment. RZVERSZ~ COUNTY PLANNIN$ COI~1SS~ON HZNUTES TEST~NY OF OPPONENTS: Feltx P~obandt, P. O.Box ]150, Temecula, satd that all hts co~ents ~elated to the tssue of wastewater dlsposal, tn particular, the Eastern Huntctpal Water District/Rancho California Water Recla~tton Factllty (hereafter called the Eastern Se~r Plant). He had hts assistant present a series of transparencies which Mr. Probandt used to t11ustrato,hts potnts. Hts residence ts located at 43789 Rendova Place. Hr. Probandt sald that the transparencies are generally of documents that the Commissioners have already received, and he emphasized the Infomarion found tn those documents. Iqr. Probandt said thmt the conditions of approval include a condition that the environmental assessment shall utilize the evaluation of impacts addressed in the EIR prepared 'for Specific Plan No. 219. Under 'impacts' the information was provided that the project will generate approximately 1.81 million gallons per day average peak dry weather sewage flow, and that the peak dry weather sewage flow is estimated to be 3.08 million gallons per day to be treated by the Eastern Sewage Plant. Another document states that the site lies within the Jurisdictions of the Rancho California Water District and the Eastern Municipal Water District. He said that Eastern, not Rancho, will provide sewer service. The San 53 letter has remarks which state that prior to the first LDC, the attached requested information is to be introduced to the E.H.S. The Health letter dated August g, 1988 to the Rancho California Water District discussed the 'will service' letter. He noted that a typical response to a Health Department letter was 'yes' to the question of whether there was adequate capacity. Eastern Municipal Water Dtstrtct's response to a 'will serve' letter has a statement that 'service might be precluded by the San Diego Region Water Quality Control Board.' A second copy of a San 53 has the statement that sewer may require off site sewer facilities subject to the treatment plant capacity of the San Diego Regional Water Quality Control Board. The San Diego Water Board's Order No. B8-94 had to do with discharge specifications and certain difficulties Eastern was experiencing in discharging which was in violation of the 'basin plan' as well as capacity. Order No. B8-101 was issued for a time schedule for the Eastern Iquntctpal Water District to rectify the problems. He said because of the agreement with Camp Pendleton and the Rancho District, Eastern is being allowed three years to work out the violations, but they can only go to three million a day, and in order to be able to discharge three million gallons, they ~st comply with certain report dates for the next three years. The report concludes that Eastern shall submit to the Regional Board on or before each compliance date a Report of Compliance or Noncompliance with each task. lhe last page was a table which indicated that the tracts average peak sewage flow comes to 0.788 million gallons a day (IqGO). He pointed out that water is introduced to this flow to dilute it. The monthly report shows an average of 2.~$0 million gallons by the end of February, with a maximran of 2.423 MGD. He said that under the present operating status of the Eastern Water District, there is no reasonable assurance that Eastern will be able to treat and discharge the wastewater flows coming out of the subject tracts for which environmental assessments are in question. ~ RIVERSIDE COUNTY PLANN%NG COMMISSION MINUTES '~RIL 12. 1989 Hr. Probandt said that EIR ~35 for SP 219 was defective because Information that cou]d not have been known at the ttme of the E%R was certified as complete. The San Dtego Ragtonal Board Orders and the action by the Rancho California Board and the Marines all took place subsequent to the October 1988 Board of Supervisors approval of the sub~ect E]R, No negattve declaration can be tssued because there extsts substantial evidence that each project or tract in question may have a significant effect on the environment. The review process presented was tn violation of due process and that the pertinent agency (the Department of Health) dtd not follow 1rs own rules tn the approval process. Co~tsstoner Beadltng said that what was basically betng said ts that the plant is at capacity now and this project cannot be included. Mr. Probandt said that Eastern is in violation of the basin plan. The ~ater code of the State of California has a list of rules which allows any member of the public to protest an order of the Board. One of the procedures was to protest to the State Nater Resources Board. He said that by the time this project is built, he didn't believe that he can be assured that the pro~ect wtll not be in violation of the 3 HGD. Commissioner Beadltng asked whose responsibility thts ts. Mr. rickets said that Eastern Indicated that they had the capacity and nould serve these tracts. Commissioner Beadling noted that from what Mr. Probandt is saying, Eastern cannot provide the capacity. Mr. Vtckers said that that statement could be subject to a dispute by Eastern. They cannot sit in ~udgment of whether or not Eastern is or is not in violation. That issue ~ould have to be heard tn San Diego before the ~ater Qualtty Control Board down there. k~at the developer has is a letter fr~ Eastern Municipal saying that there ts capacity. Mr. Vlckers advised that they should not be substituting their Judgment for etther Eastern or the ~ater Qualtty Control Board over whether or not there is capacity. Conzntsstoner Purvtance said that he did not belteve that thts was tn the purvfew of the Conetsston, to check whether there are proper assurances from the proper agencies. However, tf the San Diego RWQCB say that Eastern is persisting In violating the bastn plan, tt would seem as if the k~CB has the power to tssue a cease and desist order whtch would prohtblt them from allowing more hookups or whatever other actton they choose to take. Co~etsstoner Bresson satd that there ts a Mello RoDs tn that area, but he dtd not know tf part of that dtstrtct ~as for the development of a sewage plant. He felt that Eastern has a obligation when they wrote thetr letter saytng that they have capacity, and the Commission has to constder that Eastern wtll do tt. If Eastern gets additional capacity, there ts no problem; tf not, then Eastern and the developer wtll have a problem. The Cont~lsston has to go by what docomentatton ts given them. Hr. Probandt satd that he was a11egtng that the developer cannot get capactty because of Eastern's own statenents. He said that what he was trying to show 44 RIVERSIDE COUNTY PLAHNING COt'D4ISSION MINUTES APRIL 12, 1989 with the transparencies of the documents is that the statement from the Health Department has a 'yes' check for capacity, but that does not mean anything. What does mean something is the letter Eastern sent dated 12-19-88 which states that 'service might be precluded by RWOCB-SD.' Mr. Probandt said that if this proJ.ect develop. s further, Eastern will testify that this is not a btndt connltment, and is not a contract to serve. The point he is saying is ~at the developer cannot get a negative declaration if there extsts substantial evidence that the project, in this case the tracts, will have a significant environmental impact. Therefore, he was presenting the information in that context. Iqr. Vickers asked if sewage was a part of Specific Plan 219 and EIR 235 and were mitigation measures a part of that. Staff advised that it was. Mr. Vtckers pointed out that added to the conditions today were conditions regarding environmental monitoring and recording. Commissioner Beadling said that she was concerned that the developer will grade the land, then find that he cannot build. What they will end up with is land that has been disturbed and is subject to erosion. Mr. Probandt said that he moved onto his property after the Board approved the specific plan. He would have been at these hearings before this, had he moved into the area earlier. He is trying to establish evidence that these tracts may have a significant impact on the environment in order to get this problem resolved. Mr. Vtckers said that the environmental findings in the EIR address the issue of sewage and the mitigation of that problem. He noted that a condition was added today for monitoring and reporting, and advised that the development could be stopped at various stages if it is not at the right level. Con~ntsstoner Purviance said that he did not believe it was the Commtsston°s role to make the determination that Mr. Probandt wants. Whether or not the developer is followt~g the requirements of the Regional Water Quality Control is between the developer and that agency. Mr. Probandt reiterated that this is an environmental assessment that is being considered and the Commission cannot issue a negative declaration under these circumstances based on substantial evidence that this project may affect the environment. Commissioner Purrlance advised that County Counsel is saying that the plan calls for these things to be mitigated and that the conditions have been amended so the project is monitored. Therefore, the negative declaration is perfectly legal. The bearing was closed at 4:19 p.m. FINDINGS AND CONCLUSIONS: Seven Tentative Vesting Tract Nos. 24131, 24132, 24133, 24134, 24135, 24136 and 24137 have been submitted; the subject tracts are located enttrely within adopted Specific Plan No. 219; the seven vesting tracts have been designed to the development standards of Adopted Specific Plan No. 219; Environmental Assessment Nos. 33433, 33470, 33469, 33434, 33413, and 33414, based on the findings of Environmental Impact Report No. 235, prepared for Specific Plan No. 219, indicate that the environmental impacts can be avoided or mitigated to an acceptable level, except for cumulative Air Quality impacts, which cannot be fully mitigated; a statement of Overriding Findings RIVERSI~ COUNTY PLANNING C~tlSSION MINUTES for cumulative Air Qualtty impacts ~as approved by the Board of Supervisors on October 4, 1988; and, Development Agreement No. 4 has been r~corded for Specific Plan No. 219. The proposed tracts confor~ to Specific Plan No..219; confore to the requirements of Ordinance Nos. 348 and 460; based on the environmental determination rode in Environmental Assessment Nos. 33433, 33470, 33383, 33469, 33434, 33413, and 33414, the subject vesting tracts will not have a significant effect on the environment, ~tth the exception of cumulative Air Quality impacts ~htch camnot be fully mitigated; and, the a~ovo r-'erenced Environmental Assessments include the Statement of Overriding Findings for cumulative Air Quality trapacts approved by the Boar of Supervisors on October 4, 1988, therefore, the environmental lmpacts have been mitigated to an acceptable level through project destgn and the conditions of approval. MOTION: Upon motion by Commissioner Bresson, seconded by Commissioner Beadling and unanimously carried, the Co~mtsston adopted the Negative Declarations for EA Nos. 33433, 33470, 33383, 33469, 33434, 33413 and 33414 and approved Tentative Tracts No. 24131 Amended No. 1, 24132 Amended No. 2, 24133 Amended No. 1, 24133 Amended No. 1, 24134 Amended No. 1, 24135 Amended No. 1, 24136 Amended No. 1, and 24137 Amended No. ! subject to the amended conditions of approval and based on the above findings and conclusions. In answer to Commissioner Bresson, Mr. Vtckers advised that on the previous item, the Development Agreement was in place. These are new vesting maps within the Specific Plan. 46 Z~ Amea: Pancho Cs/ifornia : Supervisorial District: First E.A. Nt~ber: 33433, 33470, 33383, 33469, .33434, 33413, 33414 Specific Plan Section Ve~th~ Tract: ~.: f 24133'~m~ndmant NO. , ~ 24135 ~mendment NO. 24136 A~_~b~nt NO. 24137 Planning C~,.,~sstcm: 4-12-89 ~je~da ICe~ NO.: o 4. 0 >, o /%pplicant: Bedford Properties Robert Bein, William Frost & Associates Type of Request: To subdivide 698.1 acz~s into seven vesting tracts (24131, 24132, 24133, 24134, 24135, 24136, and 24137) consisting of 2,529 residential lots and 100 open spaoe lots/school sites. Location: The tracts are located within the Meadows Specific Plan (No. 219). The site is in the State Highway 79 corridor in the Rancho California area of Southwestern * Riverside County. Specifically, the subject tracts are located east of Margarita Rd. and w~st of Butterfield Stage Rd., immediately north of Highway 79, and south of Pauba Rd. 5. Existing Zone: 6. SurzDund/ng Zoning: SP, R-P~ R-A, R-A-2 1/2, R-A-5, A-l-10, C-P-S 7. Site Characteristics: The site of the subject tracts consists of rolling te~-a/n except for the southern portion of the site, which is flat. The site b~_~ been used for dr}' fanning wher~ the topography permitted. With the exception oi peroolation pcm~ds o~ a portion of Vesting Tract 24137, all of the site is ~aca~t. vesting Tra~ Nos. 24131 24132 24133 24134 24135 24136 24137 Page 2 (k~prehensive General Plan Designation: 10. Y.~nd Division Data: The seven subject %~sting tracts are located in Southwestexn Riverside County in the Rancho California area. The tracts are near other adopted Specific Plans, such as Vail Ranch (Specific Plan 223) and Redhawk (Specific Plan 217) to the South as w~11 as approved tracts to the east. LAND USE: Adopted Specific Plan No. 219 24131 ;~nd. No. 1 105.4 15,22 24132 J~nd. NO. 2 90.2 30,31,32 24133 J~md. No. i 163.7 16,19,20,21 24134 A~d. No. 1 91.2 18,33,34 24135 /~md. No. I 83.5 17 24136 i~nd. No. 1 99.8 8 24137 ;%rid. No. I 64.3 1, 2-a TOTALS 698.1 11. /~j~_.ncy Rec~,,,endation: Tract No. 24131 /~ndment NO. 1 Road De~t: Hea/t/~ I~pa~ b,~_nt: Flood Control: Fire Depaz 6,ent: Building and Safety: 3-07-89 3-20-89 3-27-89 2-27-89 1-18-89 4-14-89 07~ SPACE SINC~R FA',4TT.y CX:Mfi~2:{CL%L LOTS/SCHOOL LOTS LOTS SITES 440 0 13 214 0 11 693 0 23 311 0 19 325 0 19 400 0 8 146 1 7 2,529 I 100 "~ letters~t~: Tract No. 24132 ;m~ndment No. 2 Road Depa~h,ent: 3-06-89 Health Depazb~a,t: 3-20-89 Flood Control: 3-24-89 Fire Depa~ ~,ent: 3-21-89 Buil,'}{~ ~ Safety: 3-06-89 Revised Road Dept: 4-17-89 V~ ~ ~s. 24131 24132 24133 24134 24135 24136 2413~ Page Tract No. 24133 /m~/~h~nt No. I 3-06-89 2-27-89 3-27-89 2-24-89 3-06-89 4-17-89 Tract No. 24134 ;~/m~me. nt No~ Road De~a~ ~,~nt: Health ~t: Flood O~trol: Fire Department: Building and Safety: Revised Poad Dept.: 3-06-89 3-20-89 3-27-89 2-24-89 3-06-89 4-17-89 1 Tract No. 24135 Amendment No. i Tract No. 24136 /~endment No. I Road Depa~ b,ent: Health Depa~ b~ent: Flood Go~trol: Fire Department: Building and Safety: Revised Road Dept.: 3-06-89 2-27-89 3-27-89 2-24-89 3-06-89 4-12-89 R~ad Depa~ U, ent: Health Department: Flood Control: Fire Department: Building and Safety: Revised ~oad Dept.: 3-06-89 2-27-89 3-27-89 2-24-89 3-06-89 4-12-89 Tract No. 24137 Amen~t No. Road Department: Health Depa~,ent: Flood fk~trol: Fire Depa~,ent: Building and Safety: fkamty Geologist: Revised Road Dept.: 3-07-89 2-27-89 3-27-89 2-24-89 3-06-89 1-30-89 4-12-89 Project Descripti~ Sev~n Vesting Tentativ~ Tracts hav~ been filed within adopted Specific Plan No. 219 (The Meadows). Vesting Tentativ~ Tract No. 24131 proposes to divide 453 lc~s o~ 105.4 acres. Vesting Tentative Tract No. 24132 will divide 214 lots ~ 90.2 acres. In the interior of the Specific Plan, Vesting Tract No. 24133 consists of 716 lots c~ 163.7 acres. Vest/rig Tract No. 24134, located in the northwest oorner of the Specific Plan area, will divide 91.2 acres into 330 lots. Vesting Tract No. 24135, located in the w~stern most portion of the Specific Plan, includes 344 lots on 83.5 acres. Vesting Tract NO. 24136 will divide 99.8 acres into 408 lots. Finally, Vesting Tract No. 24137, in the ~ern portion of the Specific Plan adjacent to H~ghway 79, proposes to divide 64.3 acres into 154 lots. Staff Vesting Tract Nos. 24131 ~mended No. 1 24132 Amended NO. 2 24133 Amended No. 1 24134 ~ended NO. 1 24135 ;~nded NO. 1 24136 ~ No. 1 24137 Amended No. Page 4 Specific Plan No. 219, adopted by the Board of Supervisors c~ October 4, 1988, includes 5,611 dwelling units on 1389 acres. The sev~n tracts implement the w~stern portion of the Specific Plan. Env~tal Impact Report No. 235 assessed the full range of envirom~ental concerns associated with the Specific Plan. All identified potential impacts, except for cumulati~ effects on air quality, w~r~ r~duced to an acceptable level through mitigation measures incorporated into the project, conditions of approval and project design. The environmental impact report is the basis for the environmental assessments for the subject tracts. Environmental Assessment Nos. 33433, 33470, 33383, 33469, 33434, 33413, and 33414 indicated that all potential impacts for the tracts can be mitigated to an acceptable level. Project Consistency with Adopted Specific Plan The subject tracts w~re thoroughly reviewed for oonsistency with Adopted Specific Plan NO. 219. The residential densities and layout confon~ to the ?~nd Use Plan. Lotting, as shown on the tract maps, will acc~x,,~udate the zoning provisions of the zoning ordinance adopted in conjunction with the Specific Plan. The vesting tract maps and co~ oonditions of appr~va/ are consistent with the Planning Area De~l~t Stand-ds described in Sect/on III.B of the Specific Plan. Issues dealt with at the design stage of the tracts have included internal circulation within the tracts, mitigation of historic resouroes, and geologic issues. Firstly, internal circulation was a ooncern in all of the tracts under oonsideration, exoept for Vesting Tract No. 24137. These concerns ~ worked out through minor redesign. The second issue was the mitigation of historic resources, which was discussed extensively bet-~ the applicant and the County Parks Depa~,ent. It was deten~ that the historic resources within the tracts under oo~slderation could be adequately mitigated. Finally, geologic ooncerns included liquefactic~ for Vesting Tract 24137 and slope s~h{]{ty for all of the tracts. P~ports w~_re prepared on each issue and xc~riew~d by the Gounty Geologist. .His ~tio~s r~/arding the liquefaction issue for Tract 24137 are presented in a letter dated 1-30-89. With z~gard to slope stability, the Geologist found that the rec~,,endations of the reports w~re acceptable and should be incorporated into the develqm~nt and oonstructio~ of the tracts. Nos. 24131 ~ NO. · '" 24132 Amended No. ' 24133 k~n~d No. 24134 Amended ~. 24135 ~~ ~. 24136 ~~ ~. 24137 ~~ ~. Page 5. FII~II~ 1 1 1 1 1 1. Sev~n Tentattv~ Vesting Tract Nos. 24131, 24132, 24133, 24134, 24135, 24136, and 24137 hav~ been subnitS. 2. The subject tracts are located entirely with3m adopted Specific Plan No. 219. 3. The sev~n vesting tracts have been designed to the develc~m~_nt standards of Adopted Specific Plan No. 219. Enviror~ental Assessment Nos. 33433, 33470, 33383, 33469, 33434, 33413, and 33414, based on the findings of Environmental Impact Report No. 235, pre~ for Specific Plan NO. 219, ind/cate that the envirom~ntal impacts can be avoided or mitigated to an acceptable level, except for c~,ulative Air Quality impacts, which cannot be fully mitigated. A statement of Overriding Findings for cumulative Air Quality impacts was approved by the Board of Supervisors on October 4, 1988. 5. Development ~t No. 4 has been recorded for Specific Plan No. 219. 1. The proposed tracts confore to Specific Plan NO. 219. 2. The proposed v~sting tracts oonfom to the r~c~,{r~ents of Ordinance No. 348 and 460~ ® Based on the en~tal determination made in En~tal Assessment Nos. 33433, 33470, 33383, 33469, 33434, 33413, and 33414, the subject vesting tracts will not have a significant effect on the en~t, with the exception of c~ulative Air Omllty impacts which cannot be fully mitigated. The abo%e referenced Envirorm~enta/ Assessments include the Stat~m~_nt of Ov~rri~{ng Findings for cu~ulative Air Quality impacts ~ by the Board of Supervisors o~ October 4, 1988. /%DC~TIC~ of a Negativ~ Declarat/on for En~tal Assessment Nos. 33433, 33470, 33383, 33469, 33434, 33413, and 33414 based on the finding that the en~tal impacts have been mit/gated to an acoeptable level through project design and the oonditio~s of approval; and, /%FPBOVAL of Vesting Tentative Tract NO. 24131 Amended No. 1, subject to the attached oor~itic~ of approval; and, Vesting Tract Nos. 24131;~endedNo. 1 24132 Amended No. 2 24133AmendedNo. 1 24134 ~mendedNo. 1 24135AmendedNo. 1 24136AmendedNo. 1 24137;m~ndedNo. i Page 6 APPROVAL of Vesting Tentativ~ Tract NO. 24132 Amended NO. 2, subject to the attached conditions of approval; and, AF~T~%L of Vesting Tentative Tract NO. 24133 Amended No. 1, subject to the attached conditions of approval; and, APPBOVAL of Vesting Tentative Tract No. 24134 Amended No. 1, subject to the attached cond/tions of approval; and, APPBOVAL of Vesting Tentative Tract No. 24135 Amended NO. 1, subject to the attached conditions of approval; and, APPBOVAL of Vesting Tentative Tract No. 24136 Amended No. 1, subject to the attached conditions of approval; and, APPROVAL of Vesting Tentative Tract No. 24137 Amended No. 1, subject to the attached conditions of approval. O0:cj VAC ..: ..: .~'.. '" ..::.~Z: ~'""""":~ ~ '~,NT ' ' '" .... ' "' ":" "..TR ?.'"':' · . -.':.':..' :.:.::' : 24131:,..~." · ..' +;" "~.':.'.:' ...:!.':.' .:. ...., .. .. ........-,~....'...::. : :":::: , , ...... . .' , ': .... TURF · ,, ........~ ....~.' ~, · . ....,...,. ~ '"':::'"".: ....: .,.~...: ,..., ;C.AT_T£R F~p~ · VAC Area RANCHO CALIF let Sup. Dbt ~,j,,~o~...-.- . Sec. 8 T. 8 S.,R.2W A~eeeor'e Bk. 923 Pg. 23 ~-~ Circulation HIOHWAY (~ EXP VAR' .:. Element MARGARITA RD ART 110' r ' Rd. Bk.l~.56ADole 3/21/89 I:lvown By Vn~ ~r ~ >! ,, .. . ., " ~.~ ~'~- ~._ .,, .... ~ App. BEDFORD PROPERTIES U)~AT~L ~,; ~l ll" I, " ' ":i :~:: .:".~ '!' l'.'.: ~::::]~.':. : ~.,' · .. . ~ AMENDED NO. I S__TAHDARD CONDITIONS o The subdivider shall defend, Indemnify, and hold harmless the County of Riverside, 1Is agents, officers, and employees from any claim, actton, or proceeding agatnst the County of Riverside or Its agents, officers, or employees to attack, set astde, void, or annul an approval of the County of Riverside, Its advisory agencies, appeal boards or leqlslattve body concerning Vesttng Tentative Tract No. 24133, Amended No. 1 which action ts brought about within the ttme perlod .provided for tn California Government Code Sectton 66499.37. The County of Riverside will promptly notify the subdivider of any such claim, action, or proceeding against the County of Riverside and will cooperate fully in the defense. If the · County fatls to promptly notify the subdivider of any such claim, action, or proceeding or falls to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the County of Riverside. The tentative subdivision shall comply with the State of California 5ubdlvtston Hap Act and to all the requirements of Ordinance 460, Schedule A, unless modtfted by the conditions listed below. This conditionally approved tentative map will expire two years after the County of Riverside Board of Supervisors approval date, unless extended as provided by Ordinance 460. The final map shall be prepared by a licensed land surveyor subject to all the requirements of the State of California Subdivision Map Act and Ordinance 460. The subdivider shall submit one copy of a soils report to the Riverside County Surveyor's Office and two copies to the Department of Building and Safety. The report shall address the soils stability and geological conditions of the site. If any grading is proposed, the subdivider shall submit one print of a comprehensive grading plan to the Oepartment of Building and Safety. The plan shall comply with the Uniform Building Code, Chapter 70, as amended by Ordinance 457 and as may be additionally provided for in these conditions of approval. ; ",-'. ,,: ,? VESTING TENTATZVE TRACT NO. 241331 Conditions of Approval "' Page 2 ' ,. A gradtng pemtt shall be obtatned from the Deparbnent of Butlatng ana Safety prior to commencement of arLy gradtng outstde of count~ matntatnea road rtght of way. 8. Any delinquent property taxes shall be pata prtor to recordation of the ftnal map. The subdivider shall comply with the street Improvement recommenoattons outltned tn the Riverside County Road Department's letter oated 4-17-89, a copy of whtch ts attached. (~nended by Planntng Commission Ai:)rt1 12, 1989) 10. Legal access as required by Ordinance 460 shall be provtaea from the tract map boundary to a County maintained road. 11. 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 Road Commissioner. Street names shall be subject to approval of the Road Commissioner. 12. Easements, utilities, within the conveyances Surveyor. when required for roadway slopes, dratna~e facilities, etc., shall be shown on the final map if they are located land division boundary. All offers of dedication and shall be submitted and recoroed as directed by the County 13. Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Xealth Department's letter dated 2-27-89 a copy of which is attached. 14. The subdivider shall comply with the flood control recommendations outlined by the Riverside County Flood Control Otstrtct's letter dateo 3-27-89 a copy of which is attached. If the land division lies within an adopted flood control drainage area pursuant to Section 10.25 of Oroinance 460, appropriate fees for the construction of area aratnage facilities shall be collected by the Road Commissioner. 15. The subdivider shall comply with the fire improvement recommendations outlined in the County Fire Marshal's letter dated 2-24-B9 a copy of which t s attached. 16. Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Oeparbnent approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, ana shall substanttallj' conform .to the intent and purpose of the subdivision approval. Page 3 ' " ' ~ '~' "'[ "! ~ ,, , · .~,~- .'.j.: ,~ , , , , ,'~ ~, 17. The subdivider and all successors tn tnterest' shall ¢~nply with the provisions of Development Agreement No. 4 and Spectftc Plan No. 219. 18. Lots created by thts subdivision shall comply wtth the following: 1) All residential lots shall have a mtntmum stze of 4000 square feet. 2) Corner lots and through lots, tf any, shall be provtded with additional area pursuant to Sectton 3.8B of Ordinance 460 and so as not to contain less net area than the least amount of net area in non-corner and non-through lots. 3) Lots created by thts subdivision shall be in conformance with the development standards of the Spectftc Plan zone. 4) 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. 5) Trash bins, loading areas and incidental storage areas located in recreation areas, shall be located away and vtsually screened from surrounding areas with the use of block walls and landscaping. (Amended by Planntng Commission 4-12-89) 6) Bike racks and bike lockers in sufficient quantity shall be provided in convenient locations to facilitate bike access to tke pwe~eet &~eaT recreation areas. (Amended by Planning Commission April 12, lgSg} 19. Prior to RECORDATION of the final map the following conditions shall be satisfied: a. Prior to the recordation of the final map the applicant shall submit written'clearances to the Riverside County Road and Survey Department that all pertinent requirements outlined in the attached approval letters from the following agencies have been met: County Fire Department Count~ Health Department County Flood Control Goufity Parks Oepartment /_../~, 20. A property owners' association with the unqualified right to assess the owners of the Individual units for reasonable maintenance costs shall be established and continuously maintained. The association shall have the right to 1ten the property of ~he owners who default in the payment of their assessments. Such lienshall not be subordinate to any encumbrance · other than a first deed of trust provided such deed of trust is made in good faith and for value and is of record prior to the 1ten of the association. Condltlo~ of ~pmva] Page 4 ZZ. Prior to the recordation of the ftna] subdivision ~p, the subdivider sha]] submtt the fo]]owtng docu~nts to the P]anntng Department fo revtew, ~tch documents sha]] be subject to the approval of that depar~ent and the Offtce of the Count~ Counse3: l) A declaration of covenants, conditions and restrictions; and 2) A sample document conveying title to the purchaser of an individual lot or unit which provides that the declaration of covenants, conditions and restrictions is incorporated therein by reference. The declaration of covenants, conditions and restrictions submitted for review shall (a) provide for a minimum term of 60 years, (b) provide for the establishment of a property owners' association comprised of the owners of each individual lot or unit as tenants in common and (d) contain the following provisions verbatim: "Notwithstanding any provision in this Declaration to the contrary, the following provision shall apply: The property owners' association established herein shall manage and continuously maintain the 'ca~non area', more particularly described as Lots A through Y on attached Vesting Tract Map No. 24133 Amended No. 1 attached hereto, and shall not sell or transfer the 'common area', or any part thereof, absent the prior written consent of the Planning Director of the County of Riverside or the County's successor-in-interest. The property owners' association shall have the right to assess the owners of each individual lot or unit for the reasonable cost of maintaining the 'common area' and shall have the right to lien the property of any such owner who defaults in the payment of a maintenance assessment. An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien. This Declaration shall not be terminated, 'substantially' amended or property deannexed therefrom absent the prior written consent of the Planning Director of the County of Riverside or the County's successor-in-interest. A proposed amendment shall be considered 'substantial' if it affects the extent, usage or maintenance of the 'common area'. Zn the event of any conflict between this Declaration and the Articles of Incorporation, the Bylaws or the property owners' association Rules and Regulations, if any, this Declaration shall control.' V~lt T~TMIVE T~CT NO. 24133, d. 11 "' ....' .... Page S . . : . ~ ~,,.'~ ..... * ' '* ~ ~,; ~ ~ ~,;~ ~ce approved, the declaration of covenants, conditions an~ restrictions shall be recorded at the s~e time that the ftnal map ts recorded, b~ Planntng C~tsston Aprt1 12, 1989) ,., ~t~ ~e~ &e ~eee~datie~ ef ~ke f~e~ mep~ ~ke slbdl~tde~ shall ee~vey Ge~y fee simple ~e~ ~e e~ e~e~ e~ ~e~ epe~ speee a~eas~ ~ee unFe~e~ded~ end ees~eR~sj eK~ep~ 4kese ees~eR~s ~kH~k 4R ~ke sere fe~e~4~9 de~umeR~s ~e ~he P~e~HRg DepaP~en~ ~e~ FevHe~3 whHsk de~u~e~s she~ be sub~e~ ~e ~he appFeve~ e~ ~he~ dependeR4 eRG ~he ~48e and Fes~FH~HeRs 4s 4n~eFpeFfied (hereart by FefeFen~e, ~evHew sha~ ~a~ p~evHde feP a (e~ o~ 60 yeaPs3 {b~ p~evHde fe~ (he esHeb~Hs~en~ efa pFepeF~y e~neFs2 esse~tfiHen eempFHsed e~ ~he e~nePs et INetwaShstand(n§ any pFevHsHen 4n ~kHs 9eG~aPfiHen ~e %he een~FaFy, Hhe fe~ewHn§ pFevHsHen ska~ app~y~ The pFepe~ty ewneFs2 esse~HfiHen esSabe(shed heFeHn ska~, be e~(Hve~ed~ by 4n~eFpeFa~Hen e~ e~heF,~se, aH ~he Fequefi Geun~y e~ RHve~sHde, and ~he pFepeF(y e~neFs2 assesaft(an .neendH(~ena~y ee~ep( f~em Hhe Geun~y ef RH~ePsH~ej .pen desend, ~4~e (e a~ eP any peF~ ef ~ke 2~emmen a~ea2, mere U ~ke sale d$seFe~HoR ef Hhe Geun~y of RHveFsHde, JR Hke even( 4hfi Hke e_."-:=..en aFea, eF any peP( HkeFeef, 4s essreyes 4e (he pPepeP(y e~nePs2 assee4fiHen, Hhe asse~HfiHen, HheFeaf(e~ sueeesseF-Hn-Hn~e~efi, ~he pFepeFey ewnePsA essoearl(on ski~ have ~ke FHgk~ ~e assess 4he ewne~s ef each 4ndHvHdua~ ~eH eP ,nH~ feF the VESTING TEXTATIVE TRACT NO. 24133. Amd. ~1 Conditions of Approval , ? , Page 6 P~gk~ ~e ~en ~ke p~epe~y e~ an~ sunk ewne~ ~e defaults 4n ~ke ps~ent e~ a ma(n~enanse Issessmen~ An assessmen~ T4enT ense ePeated~ 6ka~ be p~(e~ 4e a~ e~keP ~(ens Peeeyded eubsequen~ ~e nek~se e~ assessmen~ eP ekkeP desument ePea~ng ~ke-asse99ment Tk~s Dee;a~a~(en ska3~ nek be ten,naiad, Lsubs~ank~a~yL amended eP pPepePt~ de&RneNed ~he~e~Pem aksent khe pP~eP wP$~en eensen~ P~aRR~Rg D(~ee~eP e~ ~ke geun~y e~ RSve?s~de eP $ueeesseP-~n-4nkePes~, A FPepesed ameRdmen~ aha~ be eens~de~ed 2subs an 4a3L 41 eke entente usage 2seamen ~n ~ke evenk e~ an~ eeR~$e~ between ~k~s gee~a~at~en and ~he Aw~4e~es ef ~ReePpePak~ens ~#e gyTawss eP ~he pFepeP~y ewnePsL assee~a~en Onee appPeved~ ~he desTaPak~en e( eevenan~s, eend~k~ens and Pes~P~ek~ens sha~l be PeEePded a~ ~he same ~4me (ha~ ~ke ~nal map 4s Pe~e~ded, (Deleted by Planntng Commission Apr11 12, 1989) 22. The developer shall comply with the following parkway landscaping conditions: 1) Prior to recordation of the final map the developer shall file an application with the County for the formation of or annexation to, a parkway maintenance~ district for Vesting Tentative Tract No. 24133 Amended No. 1 in accordance with the Landscaping and Lighting Act of 1972, unless the project is within an existing parkway maintenance district. 2) Prior to the issuance of building permits, the developer shall secure approval of proposed landscaping and irrigation plans from the County Road and Planntng Department. All landscaping and irrigation plans and specifications shall be prepared in a reproducible format suttable for permanent filing with the County Road Department. '~The developer shall post a landscape performance bond which shall be released concurrently with the release of subdivision performance bonds, guaranteeing the viability of all landscaping which will be installed prior to the assumption of the maintenance responsibility by the district. 4) The developer, the developer's successors-in-interest or assignees, shall be res~nstble for all parkway landscaping maintenance unttl such time as maintenance is taken over by the district. 6) The developer shall comply with the standards and exhibits in Specific Plan No, 219. ,--' ,,, 23. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and Irrigation systens until such time as those operations are the responsibilities of other parttes as approved by the Plannlng Director. .~.~ 24. Street 1tghts shall be provided wtthtn the subdivision tn accordance wtth the standards of Ordinance 46! and the following: 1) Concurrently with the ftltng of subdivision improvement plans with the Road Department, the developer shall secure approval of the proposed street 11ght layout first from the Road Oepartment's trafftc engtneer and then from the appropriate uttllty purveyor. 2) Following approval of the street lighting layout by the Road Department's traffic engineer, the developer shall also ftle an application with LAFCO for the formation of a street 1tghttng district, or 'annexation to an extsttng 11ghttng district, unless the' site is,within an existing 1tghttng district. 3) Prior to recordation of the final map, the developer shall secure conditional approval of the street lighting application from LAFCO, unless the site is within an existing lighting district. 4) All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Riverside County Ordinance No. 655 and the Riverside County Comprehensive General Plan. 25. 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 County Surveyor. A copy of the E¢S 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 Oepartment of Building and Safety. ao The following note shall be placed on the Environmental Constraints Sheet: 'County Slope Stability Report No. 104 was prepared for this ~roperty and is on file at the Riverside County Planning Department. pectftc items of concern in the report are as follows: slope stability.' 26. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: P~e~ (e (ke 4ssv~n6e ef g~ad4ng pe~t~s~ ~ke app~$ean~ ska~ e~ea~a~ee fwom ~ke ~,$, F~sk a~d ~3d~e $ewv~ee, ~e~a~.! ~o eK~s~enee ef ~ke $~epkens~ Kanga~ee Ri~ en ~ke e4~e, (Deleted by Planning Commission Apr?l 12, 1989) be Prtor to the tssuance of gradtng permtts, the applicant shall comply with Ordinance No. 663 by paying the fee required by that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fees required by Ordinance No. 633, the applicant shall pay the fee required under the Habitat Conservation .Plan as implemented by County ordinance or resolution. Prior to the issuance of g~ad~ng building permits detailed common open spa6, area landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following: (Amended by Planning Commission April 12, 1989) Permanent automatic irrigation systems shall be installed on all landscaped areas requi ring t rri gation. Landscape screening where required ~hall be designed to be opaque up to a minimum height of six (6) feet at maturity. All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Director. Utilities shall be placed underground. Parkways and landscaped building setbacks shall be landscaped to provide.visual screening or a transition into the primary use area of the site. Landscape elements shall include earth berming, ground cover, shrubs and specimen trees in conjunction with meandering sidewalks, benches and other pedestrian amenities where appropriate as approved by the Planning Department. 5. Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. Where street trees cannot be planted within right-of-way of interior streets and project parkways due to insufficient road right-of-way, they shall be planted outside of the road right-of-way. 7. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. YESTIll6 TENTMIVE TRACT MO. '24133. Condlttom of Approval Page 9'. ~ '-' " 8, All extsttng specimen trees and slgntftcant rock outcroppings on .: the subject property shall be shown on the proJect's grading plans and shall note those to be removed, relocated and/or. retained, 9. All trees shall be mtntmum double staked, . Weaker *and/or;slow growing trees shall be steel staked. ' 10. The plans shall conform to those shown In Specific Plan No. 219. de Any oak trees removed with four (4) inch or larger trunk diameters shall be replaced on a ten (10) to one {1) basis as approved by the Planning Director. Replacement trees shall be noted on approved landscaping plans. The following tree preservation guidelines shall the projects approved grading, building and appropriate: be incorporated in landscaping plans as Every effort shall be made to prevent encroachment of structures, grading or trenching within the dripline or twenty-five (25) feet of the, trunk of any trees, whichever is greater. e e e If encroachment within the dripline is unavoidable, no more than one third of the root area shall be disturbed, graded or covered with impervious materials. The root area is considered to extend beyond the dripline a distance equal to one half the radius. Building, grading or improvements shall not occur within ten {10) feet of any tree trunk. Retaining walls shall be constructed where necessary to preserve natural grade at least one-half the distance between the trunk and the dripline. Walls shall be designed with a post or caisson footing rather than a continuous footing to minimize root damage. Alteration of natural drainage shall be avoided to the greatest extent possible. Runoff channelled near trees shall not substantially change normal sot1 moisture characteristics on a seasonal basis. Runoff shall not be directed towards the base of trees so that the base of the trees remain in wet sot1 for an extended period. Where natural topography has been altered, drainage away from trunks shall be provided where necessary to ensure that water will not stand at the crown. VESTING TENTATIVE TRACT NO. 24133. Conditions of App ,roval Page 10 -, ~,~ Sedimentation and stltatton tn the drainage ways shall be controlled where necessary to avoid ftlltng around the base of the trees. ., Land uses that would cause excessive sotl compaction within the drtpltne of trees shall be avoided. If the areas are planned for recreation. provtde tratls to restrtct compaction to a small area. Heavy use under trees shall be avoided unless measures to minimize compaction are undertaken. 10. Landscaping or Irrigation shall not be Installed wtthtn ten (10) feet of any trees. All existing native specimen trees on the subject property shall be preserved wherever feasible. Where they cannot be preserved they shall be relocated or replaced with specimen trees as approved by the Planning Director. Replacement trees shall be noted on approved landscaping plans. All approved grading and building plans shall reflect the utilization of post and beam foundations or the appropriate combination of split level pads and post and beam foundations when development is proposed on natural slopes of fifteen percent or greater measured over a horizontal distance of thtrty.(30~ feet. If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases' of development and shall include the following: 1) Techniques which will be utilized to prevent erosion sedimentation during and after the grading process. and 2) Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March 3) Preliminary pad and roadway elevations 4) Areas of temporary grading outside of a particular phase t. Driveways shall be designed so as not to exceed a fifteen (15) percent grade. Grading plans shall conform to Board adopted Hillside Development Standards: All cut and/or fill slopes, or individual combinations Page 11 thereof, ~lch exceed ten feet ~n vertJcal heJ~ht shall ~ modlf~ed by an approprJate cmb~nat~on of ~ s~c~al terrac~n~ (benchln~) plan, ~ncreased slope ratlo (~.e., 3:1), reta~nln~ ~alls, and/or slope plant~n~ cmb~ned ~th f~fteen ~rcent ~rade. .. All cut slopes located adjacent to ungraded natural terrain and exceeding ten (10) feet in verttcal height shall be contour-graded incorporating the following grading techniques: 1) The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. 2) Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. 3) 4) The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. Natural features such as water courses, specimen trees and significant rock outcrops shall be protected in the siting of individual building pads on final grading plans. me Prior to the Issuance of grading permits, the developer shall provide evidence to the Otrector of Butldtng and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been asstgned as approved by the Director of Butldtng and Safety. no Prior to the tssuance of grading permits, a qualified paleontologist shall be retatned by the developer for consultation and comment on the proposed gradtng wtth respect to potential paleontologtcal tmpacts. Should the paleontologist ftnd the potential ts high for impact to significant resources, a pre-grade meettng between the paleontologist and the excavation and grading contractor shall be arranged· Men necessary, the paleontologist or representati. ve shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. 27. Prtor to the issuance of BUILDZNG PERMITS the following conditions be satisfied: shall VF.~TII~ TENTATXVE TRACT#O. 124133,'/~d.*lI* Conditions of Approval Page 12 Z) The project shall comply wtth the requirements of Development Agreement No. 4. 2) Prtor to the submittal of building plans to the Department of Butldln9 and Safety for residential lots backing up to secondary roadways or wider roadways, an acoustical study shall be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applted to Individual dwe111ng untts wtthtn the subdivision to reduce ambtent tntertor noise levels to 45 Ldn. 3) 4) Prtor to the issuance of butldtng permtts, composite landscaping and irrigation plans shall be submitted for Planning Department approval. The plans shall address all areas and aspects of the tract requiring landscaping and irrigation to be Installed Including, but not limited to, parkway planting, street trees, slope planting, and Individual front yard landscaping per the requirements of Specific Plan No. 219. All dwellings to be constructed within this subdivision shall be designed and constructed with fire retardant (Class B) roofs as approved by the County Fire Marshal. s) Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. 6) Roof-mounted equipment shall be shielded from view of surrounding property. 7) Building separation between all buildings including fireplaces shall not be less than ten (10) feet. 8) All street side yard setbacks shall be a minimum of ten (10) feet. 9) All front yards shall be provided with landscaping and automatic irrigation. 28.' Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: 1) Wall and/or fence locations and materials shall conform to the approved wall and fence treatment plan in Specific Plan No. 21g. 2) All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy permits. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Otrector of Building and Safety. 3) All landscaping and Irrigation shall be Installed tn accordance with approved plans and shall be verified by a Planning Department. field Inspection, : 4) Not withstanding the preceding conditions, ~herever an acoustical study is required for noise attenuation purposes, the hetghts of all required walls shall be determined by the acoustical study where. applicable, 5) Concrete sidewalks shall be constructed throughout the subdivision in accordance with the standards of Ordinance 461 and Spectftc Plan No. 219. 6) Street trees shall be planted throughout the subdivision tn accordance with the standards of Ordinance 460 and Spectftc Plan No. 219. 29. Prior to the issuance of a butldtng permtt, the subdivider shall prepare and submit a written report to the Planntng Director of the County of Riverside demonstrating compliance with those conditions of approval and mitigation measures of this map and E.A. No. 33383 which must be satisfied prior to the Issuance of a building permit. The Planning Director may require inspection or other monitoring to assure such compliance. (Added by Planning Commission April 12, lgBg) CO:cJ ' OFFICE OF COMMI,~IONER & COUNTY SURVEYOR ~; "~' ~* ~ LeRoy D, ,~cxx Riverside County Planning Commission 4080 Lemon Street Riverside, CA 92501 Apr11 17, 1989 QX,'WTY ~NIN!Sl' ~TT',,3. P,O BOX Ladies and Gentlemen: Re: TR 24133 - Amend #1 Schedule A - Team SP - SHD *Amended at P.C. 4-12-89 With respect to the conditions of approval for the referenced tentative land division map, the Road Department recommends that the landdivider provide the following street improvement plans and/or road dedications in accordance with Ordinance 460 and Riverside County Road Improvement Standards (Ordinance 461). It is understood that the tentative map correctly shows acceptable centerline profiles, all existing easements, traveled ways, and drainage courses with appropriate O's, and that their omission or unacceptabilicy may require the map to be resubmitted for further consideration. These Ordinances and the following conditions are essential ~arts and a requirement occurring in ONE is as binding as though occurring in all. They are intended to be complementary and to describe the conditions for a complete design of the improvement. All questions regarding the true meaning of the conditions shall be referred to the Road Commiseioner's Office. The landdivider shall protect downstream properties from damages caused by alteration of the drainage patterns, i,e., concentration of diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/ or by securing a drainage easement. All drainage easements shall be shown on the final map and noted as follows: "Drainage Easement - no building, obstructions, o~ encroachments by land fills are allowed". The protection shall. be as approved by the Road Department. o The landdivider shall accept and properly dispose of all offsite drainage flowing onto or through the site. In the event the Road Commissioner permits the use of streets for drainage purposes, the provisions of Article XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, the subdivider shall provide adequate drainage facilities as approved by the Road Department. COtrHTY ADHI3ql~RAIT~ ~ · 4Ol0 LI:MON ~ * N','I]tSiDr., ~ 92S01 'I*'R 24133 ~-~Amend .Page 2 *4. ~a~or drainage is Involved'on this landdivision and lts,~i.~ resolution shall be as approved by the'Road Department. Street wAN shall be Improved within Lhe dedicated right of way in accordance ~Ith County Standard No. 103t: Section Ao ~4&.'-/-&6~4 (48'/66') Streets "B", '¢", "D"~ uQ., "Z", "~", '~E#, "L" (east of Street "P"), "~" (east of Street "S"), and Street "U" (south of Street "H") shall be improved within the dedicated right of way in accordance with modified County Standard No. 104, Section A. (50'/70', with entry median as approved by the Road Commissioner). The remaining interior streets shall be improved within the dedicated right of way in accordance with County Standard No. 104, Section A. (40'/60') Street "A" shall be improved with 34 feet of asphalt concrete pavement within a 45 foot part width dedicated right of way in accordance with modified County Standard No. 103, Section A. (24'./33', as approved by the Road Commissioner). Corner cutbacks in conformance with County Standard No. 805 shall be shown on the final map and offered for dedication. e Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Riverside County Road Commissioner. Completion of road improvements does not imply acceptance for main- tenance by County. 10. Standard cul-de-sacs and knuckles and off-set cul-de-sacs shall be constructed throughout the landdivision. 11. Asphaltic emulsion (fog seal) shall be applied not less than fourteen days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section 37, 39 and 94 of the State Standard Specifications. *As amended at P.C. 4/12/89 . Ma~ek-S~-i989 -Aprtl 17, 1989 · Page 3 12. -,:~'.~, , ~ .* ' ,- "C~'~. · he landdivider w111 provide at all interior Intersections as approved by the 'Road Depa~ tmen~, · he landdivider shall provide Rancho California Hater District prior to the recordation o~ the final 14. The maximum centerline gradient and the minimum centerline radii shall be in conformance with County Standard #114 of Ordinance 461o '15. All centerline intersections shall be at 9~ with a m/n/mum $0' tangent measured from flow line, or as approved by the Road Commissioner. 16. Concrete sidewalks shall be constructed throughout the landdivision in accordance with County Standard No. 400 and 401 (curb sidewalk). 17. The minimum lot frontages along the cul-de-sacs and knuckles shall be 35 feet. 18. All driveways shall conform to the applicable Riverside County Standards and shall be shown on the street improvement plans. A minimum of four feet of full height curb shall be constructed between driveways..~ 19. The minimum garage setback shall be 30 feet measured from the face of curb. 20. When blockwalls are required to be constructed on top of slope, a debris retention wall shall be constructed at the street right of way line to prevent silting of sidewalks as approved by the Road Commissioner. 21. The landowner/developer shall provide/acquire sufficient public offsite rights of way to provide for and construct primary and secondary maintained access roads in accordance with Riverside County Standard No. 106, Section B. (32'/60') at a grade and alignment approved by the Road Commissioner. Prior to the recordation of the final map, the developer shall deposit with the Riverside County Road ~epartment, a cash sum o! $150.00 per lot as mitigation for traffic signal impacts. Should the developer choose to defer the time of payment, a written agreement may be entered into with the County deferring said payment to the time of issuance o£ a building permit. *As amended at P.C. 4/12/89 Page 4 23. 24. 25. Lot access shall be restricted on Street "A"-and so noted on the final map. Landdivisions creating cut or fill slopes adjacent to the streets shall provide erosion control, sight distance control and slope easements as approved by the Road Department. 26. The street design and improvement concept of this project shall be coordinated with Specific Plan No. 219. 27. Street lighting shall be required in accordance with Ordinance 460 and 461 throughout the subdivision. The County Service Area {CSA) Administrator determines whether this proposal qualifies under an existing assessment district or not. If not, the land owner shall file an application with LAFCO for annexation into or creation of a "Lighting Assessment District" in accordance with Governmental Code Section 56000. 28. Street lights shall be installed in accordance with Ordinance 460 and 461 at all intersections of roads constructed or improved within the subdivision. The county Service Area (CSA) Administrator determines whether the subdivision is within an existing assessment district. If not, the land owner shall file an application with LAFCO for annexation into or creation of a County Service Area in accordance with Governmental Code Section 25210.1. 29. A striping plan is required for Street "A#. The removal of the existing striping shall be the responsibility of applicant. Traffic signin9 and striping shall be done by County forces with all incurred costs borne by the applicant. The following conditions from Specific Plan No. 219 - Vail Meadows shall also apply~ All road improvements, unless otherwise noted, shall be constructed to ultimate County Standards in accordance with Ordinance No. 460 and 461 as a requirement of the ImplementIn9 subdivisions for the Specific Plan, subject to approval by the Road Commissioner. The proposed "Gateway Road" is approved, in concept, subject to the submittal and review of design details. f , Any landscaping within public road rights of way will require approval by the Road Commissioner and assurance of ~R 24133 - Amend #1 ~..., "' ~ ' ~ · ~ - :l~arch 6. 1989 - April 17, 1989 -** . ~':'~ '~ , Page 5 ~ .. . . ..~,, continuing maintenance through the establishment of a landscape maintenance district or similar mechanism .as approved by the Road ¢om~lssioner. The Rancho Villages Assessment is an integral component of the planning for this area. Prior to the recordation of tract maps within this specific plan or any other pro~ect located within the assessment district, the final actions___ necessary for formation of the district must be completed. Should the district fail, the project proponent shall, prior to the recordation of any tract maps within the specific plan boundaries, provide for road improvements in accordance with Table ](V-Implementation Schedule for On-Site Roadway Improvements and Table XVI-Implementation Schedule for Off- Site Roadway Improvements, as attached. ® In response to the concerns voiced by Caltrans relative to cumulative impacts indicating the need to implement demand management strategies and/or provide for the development of additional highway corridors, the project proponent has agreed to fund such a study to be conducted under the direction of the Road Department as prescribed by Caltrans. The study is currently in progress. Very truly yours, EB:jw TO: ATI~: Chris FRO viromnen~al !tsalth $p~ci~list IV RE: TRACT HAP 2~133, Amended No. I Enviromnental Health Services hs. revieved Amended No. 1 dated August 23, 1989. Our current connneuts FIll remain as stated in our letter dated January 5, 1989. SN:tac FEB S 81989 GF.N. !'O RM 4, (Rev. 8/87) RIVERSIDE COUNTY PLANNING DEPT, 4060 Lemon Street Riverside, CA 92502 A'Z"ZN: Ron Goldman JAN 9 1989 RIVERSIDE COUNTY PLAN!'IING DEPARTMENT P~; TRACT NAP 24133: Parcel Hap 23432 (693 LoLs) Parcels 14, 15, 16, 17. 18, 19 of III~LTN IllTill Gentlemen: The Department of Public Health has reviewed Tentative Map No. 24133 and recommends that: 1140 ¥AROU~IqITA 10S lOUT# I~J~#A WIT& C~ONA. CA 017~0 lid IC~qT# ITA~ I1. 41-10l O).lll IIIOIO. C& 12,~o I till lLIIllll f'l LII ti)111tl I~ss IA,PgOUlTZ~ /11111 fillIll, ~ lille IIIlllllll siS0 LI~O~11 ~ IMVL~141~. ~L. I~SlJ A water system shall be installed according to plans and specification as approved by the water company and the Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate, with a minimum scale not less than one inch equals 200 feet, along with the original dr&wing to the'County Surveyor. The prints shall show the internal pipe diameter, location of valves and fire hydrants; pipe and joint specifications, and the size of the main at the junction of the new system to the existing system. The plans shall comply in all respects with Day. 5, Part 1, Chapter 7 of the California Health and Safety Code, California Administrative Code, Title 22, Chapter 16, and Get,-'',~ Order No. 103 of the Public Utilities Commission o! ~' - State of Cilifornia, when applicable. Riverside County PlanningiDept. Attn: Ron Goldman January $, 1989 be Signed by a registered The plans shall water company with the following certification: certify that the design of the water'.~ystem in TracL:~ Map 241~3 is accordance with the water system expansion -~, ':~ ~- engineer and plans of the Rancho California Water District · and that the water service,storage and distribution system will be adequate to provide water service to such tract. This certification does not constitute guarantee that it will supply water to such tract at any specific quantities, flows or pressures for fire protection or any other purpose". This certification shall be signed by a responsible official of the water company. ~l~_!_~!!~! must be [ubmitted $~ the Count~_ !~!~or°s Office to review at least two weeks ~[ior to the reguest for the This Department has & statement from Rancho California Water District agreeing to serve domestic water to each and every. lot in the subdivision on demand providing satisfactory financial arrangements are completed with the subdivider. It will be necessary for the financial arrangements to. be made prior to the recordation of the final map. This Department has a statement from the Eastern Municipal ~ater District agreeing to allow the subdivision sewage system to be connected to the sewers of the District. The sewer system shall be installed according to plans and specifications as approved by the District, the County Surveyor and the Health Department. Permanent prints of the plans of the sewer system shall be submitted in triplicate, &long with the original drawing, to the County Surveyor. The prints shall show the internal pipe diameter, location of ~anholes, complete profiles, pipe and ~oint specifications and the size of the sewers at the ~unction of the new system to the existing system. A single plat indicating location of sewer lines and water lines shal} be a portion of the sewage plans and profiles. The plans shall be signed by a registered engineer and the sewer district with the following certification: "I certify that the design of the sewer system in Tract Nap 241~3 is in accordance with the sewer system expansion plans of the Eastern Nunicip&l Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed tract.* Etverstda County Planning Dept, Page Three Attn= Ron Ooldman January 5, 1989 The R!ans nust be submitted to the County_~fX~Y~£1!_~£[!~ It will be necessary for fin&ncia! arrangements to be completely fina!ized prior to recordation of the final map. will be necessary for annexation proceedings to be compleLely finalized prior Lo recordation of Lhe fina! map. Sincerely, SM:tac - ~__ ~ DIVISIQN ~ . ~'~J.{.t ~ , .... ~.', ~., ~E: SUBDIVISIOH H0. ~y/~'~ P~CEL'~ N0. ~BI~E, T.T., R.V. F~K ZONING ' ~P SCIEDULE ~E C~ OF RIVERS]OS DEPAR~NT OF ~ALTH ~REHI~ APPROVES: DOt,!ESTIC SEWAGE DISPOSAL FOR TH~ INDIVIDUAL LOTS OF THIS SUBDIVISION, PARCEL HAP, ETC. BY HE~S OF: SEPTIC TAI~ WITH: ~OILS Fr~ILSISILITY I~ST BY JOB/PROJECT: If DATED Lr.,AC2.I LINES WITH I 0 0 GAL. OF' SEPT I C TA,sO'C CAPAC 13'Y, SQ. FT. 2. DOHESTIC NATER SEEPAGE PiTS WITH GA~ISQ, rT./DAY. OR ~ZRT. FT. IS* D IA.). VEFFT. FT. PER 1 0 0 GALS. OIr SEPT I C TAJ~,C CAPAC I MAXII4J4 DE:PTH FOR SEEPAGE: PITS . DRY SEWERS 61.4AJ. L B~ INSTALLED FOR THIS PROJECT |SEC II.l ART Xll Of~)4i0) ( I' DIA. ) AORS:ED IN WRITING TO F'UFIfilSH DOMESTIC WATER TO EACH ~ EVERY WITHIN THII ~.rm')lVl$10N A.q PER LE'I'TER DATED I~- G,~--~' AN ACCKPTABI.K APPLICATION IS Of 4 FILE WITH THIS DEP~NT TO NO WATER SYSTE3d IS PROVIDIm FOR THIS ~ DIVISION CLASS C, CLASS D, OTI. ER 3. CALIFORNIA REGIONAL #ATER QUALITY CONTROL BOARD KlVlSIC~: * REGION: APPROVAL LETTER DATED INITIAL/FIKAL C~i 4. ,~u~s.~'~,,,-_,,.,.~ ..,,,,,,~,- ~, ~, ./~./~ _~...,...,. ~,;./,/,,.~,_~. ~..~/.,,t. 40 r;.,v'l~7 f,~,t',',.o //:,;,,,,,,t/..' .. " , ,. , , .., CA 92201 (619) M4886 IN COOPERA'lION WIl1-111~E CAUFORMA DEPAg~ENT OF FORE~RY GLEN J. NEWNAN 2-24-89 4080 Lf~oa S~et, Suite IlL R~u3~k, CA 92501 t714) 787~606 TO: PLANNING DEPARTMENT ATTH: R0N GOLDMAN TRACT 24133- AMENDED With respect to the conditions of approval for the above referenced land division, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: FIRE PROTECTION Schedule "A" fire protection approved standard fire hydrants, (6"x4"x2t") located one at each street intersection and spaced no more than 330 feet apart in any direction, with no portion of any lot frontage more than 165 feet from a hydrant. Minimu~ fire flow shall be 1000 GPM for 2 hours duration at 20 PSI. ~ Applicant/developer shall furnish one copy of the water system plans to the Fire Departeat for review; Plans shall conform to fire hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "l certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Departeat." The required water system, including fire hydrants, shall be installed and accep~ by the appropriate water agency prior to any combustible building material being placed on an individual lot. HAZARDOUS FIRE AREA The land division is located in the "Hazardous fire Area" of Riverside County as shown on · map on file with the Clerk of the Board of Supervisors. Any building constructed on lots created by this land division shall co~ply with the special construction provisions contained in Riverside County Ordinance 546. All road medians to be set back 30 feet from curb line at all intersections. ', , ~ ~,, : , ,.. . : ~. ~ '~ ~ '; ~',&'. ,';.~ ~· ~ .~ ?~.. ~' ~.~~~~V~ ~ ~ . '. ~,, ." ,. . , , · .. ~ ~ ~ · ,.,~,~... ~ ~ - , described ~n Section 3203 of Che'On~fo~ or shakes shaZl have a Class "B" ratins and shal~ be ~ppr~ed by ~the FLEe~ ~.,. HITIGATIOH ' ' ' Prior to the zacordation of the finsl map, the developer shall deposi['vith the Fctvsrside County Fire Department, a cash sum of $&00.00 pit lot/unit as mitigation for fire protection impacts. Should the developer.choose to defer the t~e of psy~ent, he/she may enter into & ~rcitten agreement vith the County def~rring said payment to the t~ne of issuance of the first building permit. : All questions regarding the meaning of conditions shall be referred to the PlanninS and Engineering staff. RAYBOND H. REGIS Chief Fire Department Planner Kurt Mantwell, Fire Safety Specialist KBNNA'TH I- ~:OWARDS CNIKF INSINKER RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT March 27, 1989 Riverside County Planning Department County Administrative Center Riverside, California Attention: Specific Plan Section Chris Ormsby Ladies and Gentlement Re z Vesting Tract 24133 Amended Map No. I This is a proposal to divide about 164 acres in the Rancho Cal- ifornia area. The site is to the north of Highway 79 between Margarita Road and Butterfield Stage Road. This project is a part of Specific Plan 219, Vail Meadows. The area consists of well defined ridges and natural watercourses which traverse this property. Local offsite flows are tributary to the site's north, northeast and northwest portions. Storm drains and streets are proposed to convey these flows· Most of the onsite flows and local offsite flows would be conveyed by storm drains and streets to the site's south corner as shown on the Exhibit B. Following are the District's recommendations: The 100 year offsite tributary flows should be collected and safely conveyed through the site to an adequate Outlet. e Ohsire drainage facilities located outside of road right of way should be contained within drainage easements shown on the final map. A note should be added to the final map stating, "Drainage easements shall be kept free of buildings and obstructions". Offsite drainage facilities should be located within publicly dedicated drainage easements obtained from the affected property owners. The documents should be recorded and a copy submitted to the District prior to recordation of the final map. All lots should be graded to drain to the adjacent street or an adequate outlet. !ttverside County Planning Department Res Vesting Tract 24133 Amended Map No. I The 10 year storm flow should be contained within the. curb and the 100 year storm flow should be contained within the street right of way. ';When'either of these criteria is exceeded, additional drainage facilities should be installed. Drainage facilities outletting sump conditions should be designed to convey the tributary 100 year storm flows. Additional emergency escape should also be provided. The properry's street and lot grading should be designed In a manner that perpetuates the existing natural drainage patterns with respect ~o tributary drainage area, outlet points and outlet conditions, otherwise, a drainage easement should be obtained from the affected property owners for the release of concentrated or di- verted storm flows. A copy of the recorded drainage easement should be submitted to the District for review prior to the recordation of the final map." Temporary erosion control measures should be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. ~- Development of this property should be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. 10. A portion of the proposed project is in a floodplain and may affect "waters of the United States" "wetlands" or "Jurisdictional streambeds", therefore, in accordance with the requirements of the National Flood Insurance Program and Related Regulations (44 CFR, Parts 59 through 73) and County Ordinance No. 458~ A copy of appropriate correspondence and necessary permits from those government agencies from which approval is required by Federal or State law (such as Corps of Engineers 404 permit or Department of Fish and Game 1603 agreement) should be provided to the District prior to the final District approval of the project. %- Riverside County Planning Department Res Vesting Tract 24133 Amended MaP ;Oo I 11. '3-- ' March 27, 1989 Major flood control facilities are being proposed. 'These should be designed and constructed to District standards including those related to alignment and access to both inlets and outlets. The applicant should consult the District early in the design process regarding nuaterials, 'hydraulic design and transfer of rights of way. 12. All flood control facilities should be constructed to District standards. ~nd all facilities that the District will assume for maintenance will require the payment of a one time maintenance charge equal to the "present worth" of maintenance costs from the time of acceptance through 1998. 13. A copy of the improvement plans, grading plans and final map along with supporting hydrologic and hydraulic calculations should be submitted to the District via the Road Department for review and approval prior to recordation of the final map. Grading plans should be approved prior to issuance of grading permits. Questions concerning this matter may be referred to Robert Chiang of this office at 714/787-2333. Very truly yours, ~_~.NNETH L: EDWARDS C~ief Eng~nee~ Senior Civil Zngineer Robert Bein, William Frost and Associates RC s pln Riverside County Planning Department Attention~ Ron 6oldman County Administrative Centar 4080 Lemon Street Rfverside, CA 92501 REt Vesting Tract 24133~ ~ ~= [ ' Administrative Center * 1777 Atlanta Avenue Ladies and Gentlemen= The Land Use Division of the Department of Building and Safety has the following comments and conditions~ Prior to the issuance of building permits, the developer shall obtain Planning Department approval for all on-site and off- site signage advertising the sale of the subdivision pursuant to Section 19.6 of Ordinance 348. Fireplaces may encroach 1' into required minimum 5' side yard setback. Hechanical equipment may not be located in required minimum 5' side yard setback. Very truly yours, Thomas H. Ingram. Director DEPARTMENT OF BUILDING AND SAFETY Norman A.~ Lost?m, Deputy DireCtor Land' Use Diviszon Administration (714) 682-8840 · (714) 787-2020 -' (~our Reference) Plan Cheoker WE WOULD LIK~ TO NOTE= ~hen plans are submitted, please con'form to the re~irem~ta of the attached "Handout".. 'This will expediZe the review process and time required for Plan Check. Although the traffic and drainage generated by this proposal do not appear to have a significant effect on the state highway system, consideration must be given to the c~ative effect of continued development in this area. Any measures necessary to mitigate the c~ulative impact of traffic and drainage shall be provided prior to or with development of the area that necessitates them. It appears that the traffic and drainage generated by this proposal could have a significant effect on the state highway system of the area. Any measures necessary to mitigate the traffic and drainage impacts shall be included with the develolmuent. 33uts portion of state highway is included in the California Haster Plan of State Highways Eligible for Official ~oenic Highway Designation, and in the future your agency may wish to have this route officially designated as a state scenic highway. This portion of state highway has been officially designated as a state scenic highway, and development in this corridor should be compatible with the scenic hi g~hwa y concept. ~ It is recognized that there is considerable public concern about noise levels adjacent to heavily traveled highways. Land development, in order to be compatible with this concern, may require special noise attenuation measures. Developm~_n~: ,. property should include any necessary noise attenuation. WE BEOUEST THAT THE ITEMS CHECKED BEL~ BE INCLUDED IN THE CONDITIONS OF APPROVAL FOP THIS PROJECT: Normal right of way dedication to provide _. half-width on the state highway. Normal street improvements to provide ~ half-width on the state highway. Curb and gutter, State Standard ~ along the state highway. Parking shall be prohibited along the state highway by painting the curb red and/or by .the proper placement of "no parking" signs· radius curb returns be provided at intersections with the state highway. ][-~ndard wheelchair r~.p must be provided in the returns. A positive vehicular barrier along the property frontage shall be provided to I L. physical access to the state highway. Vehicular access shall not be developed directly to the state highly. Vehicular access to the state highway shall be provided by existing public rc~d connections. Vehicular access to the state highly shall be i~ovided by . standard driveways. Vehicular access shall not be provided within of the intersection at Vehicular access to the state highway shall be provided by a road-type connection. Form 8-PDlg (Rev. 5/87) (Continued on reverse) Date: December 19, 1988 Riv-79-17.38 (Co-R=e-P~. ] · VTT 24153 (~our Reference ADDITIONA!. COMMENTS: Due to the magnitude of this proposal and the constructlon-explos'cn (residential, commercial), the contract should contrxbute to all ~a~e Highway improvements necessary to maintaxn the ~xi~tlng traffic flow pa~=erns. In add!txon, we recommend that this developmens ~ar~lc~a~e in the Rancho Village Assessment Distr~c~ Specific Plan N~. i~ and :he related EIR Report No. 241 to mltlga~e its impacts. ' STAI~ OF CAUFO!~A~INESS, TRANSPORTATIC~ AND HOUSINO AO~NCY OEOIGE D~UIC.M~IAN. Oo,4m~ I~EP.KRTMENT OF TRANSPORTATION SAN B~RNARtXHC). CA ~2402 Desember 19, 1988 DEC ! 1988 · RIVERSIDE COUNTY PLANNING DEPARTMENT Development Review 08-Rlv-T9-1T.38 Tour Referenoe~ VTT 2~133 Planning Department Attention Nr. Ron Goldman County of Riverolde ~080 Lemon Street Riverside, CA 92501 Dear Hr. Goldman= Thank you for the opportunity to review the proposed Vesting Tentative Traot Hap No. 2~13] loomted south of Pauba Road, east of Hargarita Road,and west of Butterfield Stage Road in Ranoho California. Please refer to the attached Development Review Form whioh doouBents Caltrans' requirements for this proJest. Conformance with these oonditions is required for issuance of an Bncroaohment Permit. If any work is neoessary within the state highway right of way, the developer must obtain an enoroachment permit from the Caltrano District 8 Permit Offlee prior to beginning work. If additional information ia desired, please Gall Hr. Thomas J. levilie at (71~) 38]-~38~. Very truly yours, H. N. LEYANDO¥SKX Dlatrlot Permite Engineer Att. ~[: December 9, 1988 TO: Assessor Butldfng and Safety · Surveyor - Dave ~Jda Road Department Health -Ra]ph Luchs Fire Protectfon · 'Flood Control Dfstrfct Ffsh & Game ~ ,..'~- U.S. Postal Se~Ytce -Ruth E. Devtdsoni U.S. Ftsh& ¥tldllfe Services RiVER iD ;count.u PLAnninG ;DEPA:ICfil;nC CORRECTED COPY'ERROR ON It~P ~' ', r?~:!.*,'.~*~ ~' Rancho California #afar District ~altern ~uncipal V&ter District Southern Calitornil ~dison Southern ¢Alitor~la"G/s C~I Trans ~8 Temecula Union School District l~ke ~lsinore School District #. Abraham Board of Supervisors C.~. ~rotinger '' Community Plans VESTING TRACT 24133 - (Sp P1,)- Bedford Properties - Robert Beln, I~tlltam F~ost Assoc. - Rancho Caltfornat Area - Ftr~t Supervtsorlal Dtstrtct- S. of Pauba Road, E. of Ftargartta Road - SP Zone - 163.7 Acres tnto 693 lots No Vatvet - (RELATED CASE 23432) - Hod 119 - A.P. 923-230-001,002 Please revte. the case described above, along wtth the attached case map. Dtvtston Committee meettng has been tentatively scheduled for ~anuary 9, clears. tt ~tll then go to publlc heartng. A Land 1989. If tt Your c~a~ents and reconrnendattons ar~ requested prtor to danuary 9, 1989 tn order that we lay Include thm In the staff report for thts particular case. ShouTd you have any questions regarding this 1tam, please do not hesttate to contact Ron Goldman at 787-6366. rlanner The Elstnore Unton High School Dtstrtct facilities are overcrowded and our educational programs seriously tmpacted by Increasing student population caused by ne~ residential, con~erctal and Industrial construction. Therefore, pursuant to California Government Code Sectton 53080 of AB 2926 and SB 237~ thts dtstrtct levtes a fee agatnst all ne~ development pro~ects ~tthtn 1rs boundaries. DATE: ~/s/s9 SIGNATURE PLEASE prtnt name and title Dr. Larry~~, u~pertntenden~~t 4080 LEMON STREET, 9TM FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787-~181 · 46~209 OASIS STREET, ROOM 304 INDIO, CALIFORNIA 92201 (619) 342-8277 I)AT~: December g, Zg88 TO: ~ssessor Bulldtng and SeCe~y Surveyor - Dave Duds Road Department Ikalth - Ralph Luchs FIm Pmtectlon Flood Control,District Fish & ~ame U.S. Postal Ser~tce - Ruth E. Ikvtdson U.S. Ftsh A ¥tldllfe Services ' 'U :IiVE:I)iDE,,C:OUnL. 'PLArlninG DEP, :tClTIEnC CORRECTED COPY ERROR 011 IqAP ~ancho California #ater District ·astern HuncIpal #ater District Southern Cal/fornl~ Edison Southern CAlifor~ia"~s Cal Trans ~8 Temecula Union School District Lake Elsinore School District #. Abraham Board of Supervisors C.3. ¢rotinger. '' Community Plans VESTING TRACT 24133 - (Sp P1,)- Bedford Proper~Jes - Robert Beln, Wt111am Frost & Assoc. - Rancho Callroma1 Area -Ftrst Supervlsortal Dtstrtct- S. of Pauba Road, E. of Kargarita Road - SP Zone - 163.7 Acms tnto 693 lots - Schedule A - No ¥aJver - (RELATED CASE 23432) - ~0d 119 - A.P. 923-230-001,002 Please revie~ the case described above, along with the attached case map. A Land Dtvtsfon Coantttee meeting has been tentatively scheduled for January 9, 1989. If it c1?rs, tt wtll then go to public hearing. Your coammnts and recommendations are requested prior to Januar~ 9, 1989 in order that we ma~y Jnclude them tn the st~ff report for this particular case. Should3mu have an~ questions regarding thts tte~, please do not hesttate to contact on Goldman at 787-6356. lanner PLT~.£ print ham and tttle q.~~ ~ ~d~! ~_~4~/'~ ~T' 4080 LEMON STREET. 9TM FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787-~181 46-209 OASIS STREET, ROOM INDIO. CALIFORNIA 9;~"' (619) 342-~, D.J,.~ IMdM Rfvers~de C~ Planning Dept, 4080 Lemon 5~.. 9~h Floor Riverside, Ca 92501 The District is responding to your request for comments on the subject project relative to water and/or sewer service. lhe items checked below apply to this project review. " The subject project: ~//']s not Within Et4WD's: ~water service area sewer service area "~"~Will be required to construct/provide the following facilities if to be served by EtdWD: I ! ~ewer Service A~y and all necessary regionally sized onstte and offsite gravity sewers and appurtenant works that might include monitoring manholes, lift stations, force mtns, and effluent disposal/use. Sewers will not be allowed along lot lines/private land. Fee payment and participation in regional sewers, treabnent, and.effluent disposal ~st be met. Only wastes acceptable to EMWD regulations wtll be allowed. ~!:,~t~.~9~ ~ (&~. Rr.**~,,m~ r~ · Planning Department January 17,-~989 Board of' Dir~ct~rE Rfchard D. Steffey President elames A. Darby St. Vice President R~lph Daily Doug Kulberg elon A. Lundin eleffrey L. Minklet T. C. Rowe Riverside County Planning Department 4080 Lemon Street, 9th Floor Riverside, California 92501-3657 Subject: Water Availability Reference: Vesting Tract 24133 Gentlemen: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District. Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management rights, 'if any, to RCWD. If you have anyquestions, please contact Senqa Doherty at (714) 676-4101. Very truly yours, RANCHO CALIFORNIA WATER DISTRICT Bob Lemons, P.E. Acting Director of Engineering FO12/dpt15f R A N C H O C A L I F O R N I A W A TE R D I 8 T R I ~ T 28061 DIAZ ROAD · POST OFFICE BOX 174 . TEMECUL~ CA 92390-0174 · (714) 676-4101 · FAX (714) ~rch 21, 1989 r, FROM: RE: Chris Omsby - Specific Hans Steven A. Kupfeman - Engineering Tentative Tract 24]33 Slope Stability Report Ho. 104 6eologtst~.. The followlng report has been revte~ed relattve to slope stability at the subject stte: 'Slope Stability Analysts, Tentative Tract 24133, The Headows at Rancho California, Rancho California, CA,' by Converse Consultants, dated December 1988. Thts report determined that: 1. All slopes proposed for the subject tract at or below a height of 35 feet wtll be grossly stable. 2. Both cut and ftll slopes have a high potential for eroston of sandy mtertals and resultant surftclal instability. 3. Low strength parameters exists for claystones and siltstones. Thts report reconlnended that: $eologtc Inspection of all cut slopes should be constructed durtng gradtrig. Buttress fills my be required for cut slopes with adverse materials or conditions. 3. Proposed slopes at the stte should be planted soon after construction and wtll requtre mtntenance to perform in a sattsfactory mnner through tim. Thts report satisfies the General Plan requirement for a slope stability report. The recommendations in this report shall be adhered to tn the design and construction of this project. SAK:I1 · RIVERSIDE COUNTY PLANNING DEPARTMENT NEGATIVE DECLARATION AND NOTICE OF DETEI~INATZON EA No. 53~t~ NEGATIVE DECLARATION Based on the Intttal Study, it has been determined that the proposed project will not have a significant environmental effect. PROJECT DESCRIFT]ON AND LOCATION: Roger S. Streeter, Planning Director COMPLETED .................... c,se No.C.od) Date Submitted Existing Zones Changes of P~posed ' Zones Only Zoning Acreage ADOPTED ard of Supervisors anntrig C~isston ~ A~a Planning Council ~~ning Otrector ~ (Other) Land Oiv Sch Developable lots Open Space Lots Person verifying adoption Date _ O.Sp. Ac NOTICE OF DETE~INATION HEARING BODY OR OFFICER plard of Supervisors anning Cemntssion C) Area Planning Council CllSTg~ntng Olrector n (Other) ACTION ON PROJECT I~'Approval C) Disapproval Oate Developable Lots ~5 Dev.Ac ~en Space Lots ~ O.Sp. Ac Changes of ~pproved Zones Only zones Acreage The project will not have a significant effect on the environment and a Negative Declarat~:~ has been adopted and may be exa.mtne.~ at the Planning Department at the ad~.ss below. Person verifying action ~,.~ /~~/ Title ~7//~,~.~ . . RIVERSIDE ~Y PLANNING DEPARTMENT / 4080 LEMON STREET, gTH FLOOR RIVERS]DE, CA 92501 $m: I~Ltte Oral -' Ce~nt~ Clerk 2rid Canar~ - Caee lelle ~rd ~-~k - S~ed.Xin~ 215-31 fil~. COUNTY STAMP ENVIRONMENTAL A~$ESSMENT FORM:" STANDARD EVALUATION ~qI~:)J~TAL A.eL~u:.e, SMENT (F.A.) NUMBER: 33383 PROJECT CASE 'TYPE~) AND NUMBERS(e): Vesttn.q Tract 24133 APIR.r_,aN!~ NAME: Bedford Properties MODULE NUMBER(8): '119 Chris Ormsby, Planner III PROJECT INFORMATION DESCRIPTION (Include pmpomed minimum lot ~Jze ~nd use~ as ~ppficable): The proposal will divide 163.7 acres into 693 lots. ~ TOTAL PROJECT AREA: ACRES 163.7 C. ASSESSOR'S PARCEL NO.(I): 923-230-001.002 D. ~ING ZONING: SP IS THE PROPOSAL IN CONFORMANCE? YES L PROPOSED Z~I1NG: Nn charge propo£od IS THE PROPOSAL IN CONFORMANCE? F. STREET REFERENCES: The site is located South of Pauba Rd., East of Margarita Rd. and Nnrt. h nf HighwAy 7q. SECTION, TOWNSHIP, RANGE DESCRIPTION OR ATTACH A LEGAL DESCRIPTION: Section 8, Township 85 Ranqe 2W BREF DF. SC~J~ OF THE EXISTg4G ~ENTAL SETTING OF THE PROJECT SITE AND ITS SURROUN'.'~' The site consists primarily of rolling hills, which have been dry farmed. The site i~: t. nfally varant -- Ii' COMPREH~ GENERAL PLAN OPEN SPACE AND CONSERVATION DESIGNATION the :~rpmpdate option(m) below and I)Oceed according~y. ~ ~ ~ ~ ~ ~ b ~ '~t~ ~ ~" ~E~ ~ ~C~ ~l~s ~mun~.~ ]~ AI Or ~ of l~e 1~3Ject ~ le In 'Ama~ Not De~gnated u Open Space". Complete Sectionm III, IV (R. B aw,J D edy). V Ind 1/!. ' ~] AN or pitt of lab project lite h~s en OPen ~4~ace end Cormef~etlee de~ig~tion other Ihan ~ ~nt~ mbova~ Complete ?~.,,Ik~ III, N (A, B, m~d E onty~ V ~d VI. HAZARDS ?_H AJqu~ ~ ~ or County Fa~ 12._.~.H ~Jqx~ Nc~e (~. ,.lU, IL18.11 ~ ~~~~(~.~.1 l&~ ~d~(F~.~.l~-~.16) m 8 ~ u ~ ~. ~.4) ~ · B c (n~, ~) ~ a~d~ ~ ~ ~.1) 14.~ Hi¢~y N~ (Fig. ~17-~29) (~v. co. 80o Scab S~ope Maps) 1S., L, exmUe FU~k Zme ~h~. Co. COO Sc~ MAps (x ~ ~~) 8 ~ U R ~ (~ I~m) ~~ ~ ~ Su~) ~~&~(~.~l. ~,~l~&~.~) ~~~~ ~7) .7. N 10- H 11-N u n (~. ~A.S) the A B C D (F}g, Vi. 11) r Noise ~ u R ~ Vl.8) (1~. V1.6) 16.. H 17._Y.. lS. . 23.. H 2,1o___ 2S.___ NA A B C D (Fig, VL11) Project Clerkrated No~e Affecting Nc~e Sen~lt.~ U~,e~ (Fig. VI.11) Noi. $~'~,ltivt Pro~l (Fig. VI.11) Air QuaJlty Impact~ Fro~ Project I~oje~.. Se~ttive to Air Ou~ity Wirer Ou~Jlty Impacts From Project Pmje~ Sef~itive to Water Quality ~ou~ Materials Ind Wutes H~:an:lou~ Fire Ar~ (Fig. V130 · Vt.~l) RESOURCE8 27,___ In Or Nero' in AGdcdturil PmN~'v~ m. N F.,w~~~VlA-Wkq 2~H Scenic: Highways (Fig. Vl.45) ~ Relou.~ {1:'~. Vl.32 - Vl.33) (FIG. VI.~ - VL33 & VlJ,6 - VLM) (PMon~ Rew~r=~ I~o) DefinlUmm for Land Use Suitability and Noise Acceptability Ratings Nat Appam~ 8 - Genera~y O4nady ~ R - Gm'~'!~nl~ ~:,,J~b'.~ C - (~ I,)n,c:oel:~l~:)le D - Land U~e OiscoureGecl 1. OPEN~PACEANDCONSERVATIONMAPDESIGNATION(a): Adopted SDectftc Plan No~ 219" ~. LAND USE PLANNING ARE~ Southwest Territory Land Use Planntng Area''*; "* ..... 4. C~iUMTYPOUCYARE~IFANY: Ht. Palomar Observatory Street Llghttnq' Poltctes & COMMUNITY~F~: Southwest Area Plan (plan not adopted) & CCXIAdUNITY PLAN DESK3NATJON(m), F ANY: 7. ~U~YOFP~AFFECllNGPROI~ The policies affectinq the project are contained in Specific Plan No. 219. The proposed mitigation is described in EI)~--'- NO. 735. lssuos of particular concern are the provision of public services. especially with reqard to providinq schools, sewer system, and flood control facilities. fix all ~ bidrate wfih & yes (Y) cM' no (N) whether may public facilities mnd/cx mewices Issues may aignif~,antly affect (~' be Ifiecled by Ihe pn:)posal. All refmenced r, gu~ am co~ta~ed ~ ~e Comprehensive General Ptan. For any Ir~ue mmtu)d yes (Y), write data ~, mgenc~es consuHed, findings of fact, lad ruination measures under Section V. PUBUC FACIUTIES AND SERVICES 1-Y CkcutaUc~ (F'lg. N.l-lV.11. Oicuu k~ 10- N ~ T~ ~ N.12. N.13) ~ ~~) ~~~) ~ ~ ~. N.18 - NAB) ~ ~ ~ N.17 - N.18) ~ ~ N.17 - WAg) 11-Y l~-v 14, Y 15. Y 16- N I?. Equ~tri~ Trmula (Fig. IV. lg - IV241 Ray. C(~ 800 S~e Equestrian Tmil uumws (Ire. N2S · Lm~ (Fig. IV.17 - N.18) 14M!lh Sen, ices (F'Ka. IV.17 - IV.18) Nm(xtm (l~g. ILl 8.2 · U.18.4, ILI&8 - I.l&10 & IV27 - IV.36) cay Sphere d ~uence C. I d ~r pll d the IxoJK( k bollrod In "~ S(~:~ Flirts'. 'REMAP' or 'P4ficho Villages Commun~ ~ ' 1. mmmmluMevm~kndumedem~Fdb~s~. Speci P an N ~.. gained o~ gde Initial mtudy, Im the P, ot:~eef ~ with the potk::ies end designatk:x~ c~ the ~~te ~u" mdlwefomcensistantw~thoComi~ohonslvo~Ptan? IfnoLexpleh: Yes ~ I~lk~te i~d u~e type 4. ~ ~ h/. pM~M~ ~ml~tJb~ with exist~g ~nd Fxoposed lun~ncfing Ind u~es? Ind. W BaMd on ~ InJll Mudy. II ti I),&po/lt oonsi.erd ~ t~l ~.~:~mpqMnlJvl O. neml Pin? For each ~ marked ye~ {Y) under Seclkx4 III.B Ind N.B. ~ Ih~ SeGtk~ and IMue number Ind do the ludlo,,Ang, In the Ibntm! u ~own below:. 1. W Ill additional relevant data sources, Including igenctet ~. 2. State ill findk'tga of fact regarding ~vimnmentll conc:eml. & Grate mpec~c m~igatk:~n mem~ures, ff k~f~Uf~ble w~h~q~ requir~g In env~onment~l im~ci repo~ (E.I.R.) & ff ~dRior~l k~formatk)n ~s rmqulre~ be~f~e ff'~ ~"~r~nme~ tMe~n~nt C~n be comp~ted, refer to $ubtectkm A, ~ ff addffkx~ m~ee~ ire needeU ~ compk~e ff~ meciorq check ff~e box it ~e end c~ ff~e ~ectk>n and I~mch KCq'ION/ lIlB.3 ~OURCES, AGENCIES CONSULTED, FINDINGS OF FACT. MITIGATION MEASURES: The General Plan designation for land use suitability pertaining to acceptable level throuqh conformance with the Uniform Building Code and County ordinances. 1IIB.4.8 Potential siqnificant impacts related to slopes and erosion includes the visual appearance of permanently altered land forms, severe erosion of unprotected slopes and possible slope Instability. The potential impact pertaining to visual appearance is mitigated by Development Standards outlined in Sectipn ILIA.6 of Specific Plan No. 219. lhe potential for erosion is being studied in a slope stability study and the development of specific requirements for alluvtal/colluvtal removal at the tract sta~.. Temporary groundcover will be provided to prevent erosion during the 1IIB.17 construction phase as indicated in EIR No. 235. Potential noise impacts will be determined by noise studies to be rnndnrted alnng rnadw~yR. Mitigation w~ll tnclude heiqht of'atte~tioR wall and any other recon~ended by the noise study.. Monitoring and ~ ~nnrtina t~ required. ]]]B.]8 A s~a~emen~ of overrtdtnq ftndtngs ~as adopted b~ ~he Board of ~: :" ~" Supervisors fo~ c~ula~tve effects on at~ qua11~ whtch cann~ be fully mitigated. ]]]B.~6 Although a small poreton of ~he St~e has sot15 sut~able for agriculture based on ~he General Plan, t~ ~as de~emtned tn E]R No. 235 tha~ ~here would be no stgntftcan~ tmpac~ due ~o ~he lo5~ of agricultural land. ]]lk.~R The ttt.~ t~ within the htstortc range of the Stephens' Kangaroo Rat. A biological report prepared for The Mead~s Specific Plan (SP 219) indicated th~f nnnp nf thp ~pPci~ were located on the site nf th~ tract. Therefore. no mitiqation was required. IVR 1,~-q~ The 4~$,,p~ have h~pn ~ttr.~pd And Correspondinq environmental review is thoroughly discussed in EIR rio. 235. Impacts have been reduced to an acceptable level. I~ ~me ~t~m~hed p~ V!. ENVIRONMENTAL IMPACT DETERMINATION: prnJs~ nnd a I~lu~ 1:~:4amtim may I~ Ix~paru~J. Chris ',- t' .( 'CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT FINAL VESTING TRACT NO. 24133-4 DATE March 6, 1991 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY Streets and Drainaqe 611,500.00 163,000.00 172,500.00 947,000.00 Water Sewer TOTAL *Maintenance Retention (10% for one year) *(or Bonds if work is completed) Monument Security City Traffic Signing and Striping Costs RCFC Drainage Fee Due Signalization Mitigation Fee - SMD ~ Road and Bridge Benefit Fee Other Developer Fees Plan Check Fee Due Inspection Fee Due Monument Inspection Fee Fee Paid To Date (Credit) Total Inspection/Plan Check Fees Due MATERIAL & LABOR SECURITY $ 306,000.00 $ 81,500.00 $ 86,500.00 $ 474,OOO.OO $ 94,7OO.OO $ 32,000.00 $ 14,617,40 $ 17,400.00 $ -0- $ -o- $ $ $ $ 22,972.09 31,108.01 1,040.33 55,120.43 - 0 - A: 24133-4.TM ITEM NO. 7 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Engineering Department ~ May 14. 1991 Final Vesting Tract Map No. 24134-F PREPARED BY: Douglas M. Stewart RECOMMEN DAT ION: That the City Council approve Final Vesting Tract Map No. 24134-F subject to the Conditions of Approval. DISCUSSION: Tract No. 24134-F was originally submitted to Riverside County Planning Department on December 9, 1988. The Tentative Vesting Tract Map was approved by the Board of Supervisors on May 23, 1989. Final Vesting Tract No. 24134-F contains 80 residential lots within 21.06 gross acres. The tract is located on the northeast corner of Margarita Road and Santiago Road. This tract is part of The Meadows Specific Plan (SP 219) and Development Agreement No. 4. The applicant is Bedford Properties. The following fees have been paid or deferred for Final Vesting Tract Map No. 24134-F: Signal Mitigation Fee (Deferred to Building Permits) Fire Mitigation Fee (Deferred to Building Permits) Stepben's K-Rat Fee (Paid) $ 12,000.00 32,000.00 41,067.00 A:TM24134-F 1 Requirement of Quimby fees (Park Fees) is not listed in the County of Riverside Conditions of Approval for Final Vesting Tract Map No, 24134-F. however. past City actions have determined that clauses within a development agreement provide latitude to require park fees. Staff is recommending adoption of a condition requiring payment of Quimby fees, This is not considered a new condition, but a clarification of existing requirements, The following bonds have been posted for Final Vesting Tract Map No. 24134-F: Faithful Labor and Performance Material Street and Drainage Water Sewer Survey Monuments $515,000.00 128,000.00 130,000.00 $24,000.00 $257,500.00 64,000.00 65,000.00 FISCAL IMPACT: Not Determined. SUMMARY: Staff recommends that the City Council APPROVE Final Vesting Tract Map No. 24134- F subject to the Conditions of Approval and the following condition: The Quimby fee shall be paid as required by the City of Temecula Community Services Department. BY:ks Attachments: 1. Development Checklist 2. Location Map 3. Copy of Map 4. Conditions of Approval 5, Fees & Securities Report A:TM24134-F 2 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST Final Vesting Tract Map No. 2413q-F The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan (K-Rat) Parks and Recreation ( Quimby ) Public Facility ( Traffic Mitigation ) Public Facility ( Traffic Signal Mitigation ) Public Facility ( Library ) Fire Protection Flood Control (ADP) Condition of Approval Condition No. 26.b. Not Conditioned. See Staff Report N/A See Road Department Letter Dated 4/17/89, Item 22 N/A See Fire Department Letter Dated 2/24/89 Condition No. 14 A:TM24134-F ~ he - l~cT 2q 13~1- F SCALE: $' ' 200' SHEET 2 OF 8 SHEETS IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. TRACT NO. 24i34 8EZ~ A S~DIVISION ~ PORTIO~ P&RCEL5 I0, II A~ 12 ~ P~CEL ~P NO. ~343~ AS ~O~N ~ A NAP FILED [N BOOK 159, PAGES 38 T~O~H 81 ~ PARC~ NAPS. ~CO~S ~ R~VERS~DE COUNTY. CHURCH ENG~NEERZNG, INC. SEPTENBER. tgB9 LINE DATA · am.. .~..~ ~l~i!'Ol'" ~ I~ "-~'"'~s~ ~ PROJECT VICINITY MAP #O! TO SCa~[ ? ~,. ~ · .~ //// '%~~ 1 5 I TRACT NO 24134'3 9 SF..E S.E~r'Y 3 FOd~ ~I~g*q'8 NOTES. ::liV;::l iD; counc. Annin; DATE: June 8, 1989 Dear &~pllcant: RE: TENTATIVE VESTING TRACT NO. E. A. NUMBER: 33469 SPECIFIC PLANS TEAJ~ 24134 Amd. ! The Riverside County Board of Supervisors has taken the following actton on the above referenced tentative vesttng tract map at 1is regular meettng of May 23. 1989 yAPPROVED tentative map subject to the attached conditions. DENZED tentative map based on attached findings. APPROVED ~thdra~11 of tentative map. The vesttrig tract map ~as been found to be consistent wtth the all pertinent elements of the Riverside County General Plan and ts tn compliance wtth the California £n~lremmental quality Act of lg70. The project wtll not have a significant effect on the environment and · Negative Oeclaratlon has been adopted. A conditionally approved tentative vesting tract map shall exptre 24 months after the approval at the Board of Supervisors Hearing, the date of which is shown above, unless ~thtn that period of time a flnal map shall have been approved and ftle with the County Recorder. Prior to the expiration date, the land divide may apply writing for an extension ef time. Application shall be made to the Planning Otrect.. thtrtx (30) days prior to the expiration date of the tentative map. The Board of Supervisors may extend the period for one ~ear and upon further application a second · n~ · third year. Ver~ trul~ yours, RIVERSZOE COUNTY PLANNING DEPARTMENT Roger S. Streeter, Planntng Otrector RG:mp Ron Goldman - Principal Planr, er 4080 LEMON STREET, 9TM FLOOR RIVERSIDE, CALIFORNIA 92501 (7141 787'6181 46-209 OASIS STREET, ROOM 304 INDIO, CALIFORNIA 92201 (61 9) 342-8277 15, 1989 ~: %'Eb'T/24G ~ NO. 24131 J~r~d. No. I - V~:STING '~a, RC'T. NO 24132 ~nd. No. 2 - V~ST/NG '/:93CT ~. 24~3 ~. ~ I-~ ~~. 24~ ~. ~. I -~~~. 24135 ~. ~. 1 - ~ ~ ~. 24136~. ~. 1-~~~. 24~7 ~. ~. I - ~~ P~~ - ~~ ~~ I - ~ ~{fo~~ - 698.1~ 2,519 1~ - ~,~e A- ~ ~ _~r~.TVE At~ F~R the abou~ me~:/crmd ~-~e ac~ed cm by ~he Planning CLmuissic~ c~ ~pril 12, 1989. /~E PL~%qING ~ICN: 3d~CV~u ~e Negat/~ Decl~at/c~ for Envir~~l Assessmint Nos. 33433, 33470, 33383, 33469, 33434, 33413, and 33414 based c~ the co~clusic~ t~ the proposed pro~ w-Ill ~ ham a significant P, SS:CO:gs AGENDA NO. 11A VT NO'S 24131, 24132 24133, 24134, 24135, 24136 24137 A~ri~ 19, 1989 Page 2 A~OV~D VESTING ~%~%TIVE ~RACT ND 24131 ~md. No. 1, subject to the attac~d omditio~s and based co ~ findings and c~clus~ons incorporated in the Plannihg O~,,~issic~ minutes dated April 12, 1989; and, ~ VESTING ~ TR~LT NO. 24132 ~md. No. 1, subject to the at~ached cc~ditic~m and based c~ the findings and conclusions incorporated in the Planning Cxmmissic~ minutes dated April 12, 1989; and, APPBOV~D V~STING T~qTATIVE TRACT NO. 24133 ~d. No. 2, subject to the attached ~ti~ ~ ~ ~ ~ f~{~ ~ ~clusi~s ~~t~ ~ ~ P~g ~u~ssi~ ~~ ~t~ ~ril 12, 1989; ~, ~P~ ~~ ~~ ~ ~. 241~ ~ ~. I ~j~ to ~ a~~ ~-~~ ~ ~ ~ ~ f~s ~ ~cl~i~s ~~t~ ~ ~ P~ ~ssi~ ~~ ~ ~ril 12, 1989; ~, APPBOV~D VESTING T~qIATI%~ TRACT NO. 24135 ;~d No. 1, sub~zt to the attached cc~d/tic~s and based c~ the f/ridings and cc~clusic~s 1989; and, APPBOV~D VESTING ~ TRACT ~). 24136 ;~d No. 1, subject to the attached cc~ditic~s and based c~ the f'~.~3s and cc~clusic~s incorporated in the Planning C~issio~ ~nutes dated April 12, 19~9~ and, ~ VESTING ~ ~ NO. 24137 l~d~. No. 1, subject to ~he attached cc~ditic~s and based c~ the fi~4{~3s and amclusiau incorporated in the Plmming O~.issio~ minutes dated April 12, 1989 o - RZV£RSIDE COUNTY PLANNING COFf'IISSION MINUTES APRIL 12, 1989 (AGENDA IT~ 5-4 - Reel 1025, Side 1 and 2 - Tapes No. 3A, 38, 4A) VESTXNG TRACT MAP NO. 24131 - EA 33433 - Bedford Properties - Rancho California Area - First Supervtsortal District - easterly of Margarita Rd, southerly of Pauba Rd - 44! lots - 105.4~ acres - SP Zone - Schedule A with VESTING TRACT MAP NO. 24132 - EA 33470 - 223 lots - 90.2~ acres - SP Zone - Schedule A and VESTING TRACT MAP NO. 24133 - EA 33383 - $g3 lots - 163.7~ acres - SP Zone - Schedule A and VESTING TRACT MAP NO. 24134 - EA 3346g - 310 lots - gl.2t acres - SP Zone - Schedule A and VESTING TRACT MAP NO. 24135 - EA 33434 - 325 lots - 83.5~ acres - SP Zone - Schedule A and VESTING TRACT MAP NO. 24136 - EA 33413 - 400 lots - g9.St acres - SP Zone - Schedule A and VESTING TRACT MAP NO. 24137 - EA 33414 - 147 lots - 64.3~ acres - SP Zone - Schedule A Hearings were opened at 3:30 p.m. and were closed at 4:19 p.m. STAFF RECOMMENDATZON: Adoption of the Negative Declaration for EA Nos. 33433, 33470, 33383, 33469, 33434, 33413, and 33414 and approval of Testing Tentative Tract Nos. 24131 Amended No. 1, 24132 Amended No. 2, 24133 Amended No. 1, 24134 Amended No. 1, 24135 Amended No. 1, 24136 Amended No. 1, and 24137 ~nended No. 1 based on the findings and conclusions listed in the staff report. Staff advised that the vesting tracts are to implement the western portion of The Meadows Specific Plan (SP 219), which is located east of Margarita Road, west of ~tterfteld Stage Road, north of Highway 79 and south of Pauba Road. The proposal is to subdivide approximately 698.1 acres into 2,529 residential lots and 100 open space lots/school sites. Zoning on site is SP. Surrounding zoning is SP, R-R, R-A, R-a-2~, R-A-5, A-1-10 and C-P-S. The site consists of rolling terrain except for the southern portion which is flat, and is vacant with.the exception of a portion of Vesting Tract 24137, which has some percolation ponds. The site had been used for dry farming where topography permitted. The site is located near other adopted Specific Plans such as Vail Ranch (SP 223) and Redhawk (SP 217) to the south, as well as approved tracts to the east. The proposed development conforms with the residential densities and design standards of the specific plan. Vesting Tract 2413! will divide 105.4 acres into 440 single family lots, with 13 open space lotso and was amended for a minor redesign of the tract to facilitate circulation. Vesting Tract 24132, Amended No. 2 proposes to divide 30.2 acres lnto 214 stngle family lots with 11 open space lots including an elementary and Junior high school site. The issue of slope stability was a concern of all the tracts and ~s reviewed by the County Geologist. Vesting Tract 24133 proposes to divide 163.7 acres into 693 single family lots and 23 open space lots and has an extensive pasco system which links to an active recreatlo. area. The Fire Department was concerned about internal circulation and worked to avoid cutting through the pasco area. The cross sections of the greenbelt/paseo area is on file. Vesting Tract 24134 roposesdivide 91.2 acres into 311 single family lots and 19 open space ors, whlct~ tncluded a 2.5 acre lot for a day care center. Vesting Tract Map 2413S proposes to divide 83.5 acres into 325 single family lots and 19 open space lots. Vesting Tract Map 24136 proposes to divide 99.8 acres into 400 41 RIflERSIDE C~JNTY PLANNING COI~ISS[ON H/MUTES APRIL 12, 1989 single family lots and 8 open space lots. There is a historic site on this map and on Tract 24137 and a letter on this site was incorporated within the staff report. All concerns have been resolved. Tract 24137 proposes to divide 64.3 acres into 146 single family lots, a 9.1 acre cmznerctal lot and 7 open space lots. A lfquefactton study was prepared for this tract and ~s reviewed by the ~ntyGeologtst to his satisfaction. Staff modified the conditions of approval as follows: Condition 18-e for Tracts 24133. 24134. 24135 and 24137: 'Trash bins. loading areas and incidental storage areas located In recreation areas shall be located away and visually screened fr~ surrounding areas with the use of block walls and landscaping.' Condition 18-f a~nded to read 'bike access to recreation areas.' Condition 21 to be replaced by standard language for the property owners association maintaining the conm~n areas rather than the strict CSA requtrenmnts. Condition 26-a shall be ~eleted since none of the tract areas are in the study area for the Stephens Kangaroo Rat or within the known occupied habitat. Condition 26-c should be modified to read: Prior to issuance of building rather than grading permits. Condition 29 should be added to all the tracts, referring to the C£QA monitoring of the mitigation measures. Commissioner Beadling said that there is 100 acres either for schools or open space. She asked if they took the school sites out, how much open space would they have. Staff advised that there are 243 acres devoted to recreation and open space outside of the school sites. Cmmntsstoner Beadling asked whether there ~as a provision for a clubhouse, and staff advised that there are plans for recreation centers within the plan. Staff will receive plot plans for the open space areas. Lee Johnson. Road Department. advised that item No. 4 for Tract 24133 should be amended to read 4_~/66 instead of 44/66. TESTIMONY OF PROPOINT: Mike Rymn, Bedford Properties, Z7405 Ynez Road, Rancho ~allfornta, said that they concur with the staff report and all conditions of approval except for one. He said that the condition appears tn all the tracts. They would ltke added to 1tern 16 of the Road Oepartmnt letter dated March 7. 1989 'or as approved by the Road Co,,,tsstoner.' #r. Johnson concurred with that proposed ~u.endment. RIVERSIDE COUNTY PLANNING CO~ISSION MINUTES APRIL 12, 1989 TESTXMO+IY 01: OPPONENTS: Felix Probandt, P. O.Box 1150, Temecula, said that all his coa~nents related to the Issue of ~mstewater disposal, in particular, the Eastern Municipal Water District/Rancho California Water Reclamation Factltty (hereafter called the Eastern Sewer Plant). He had his assistant present a series of transparencies which Mr. Probandt used to Illustrate his points. His residence is located at 4378~ Rendova Place. Mr. Probandt said that the transparencies are generally of documents that the Commissioners have already received, and he emphasized the information found in those documents. Mr. Probandt said that the conditions of approval tnclude a condition that the environmental assessment shall utilize the evaluation of impacts addressed in the EIR prepared 'for Specific Plan No. Z19. Under 'impacts' the information was provided that the project will generate approximately 1.81 million gallons per day average peak dry weather sewage flow, and that the peak dry weather sewage flow is estimated to be 3.08 million gallons per day to be treated by the Eastern Sewage Plant. Another document states that the site lies within the Jurisdictions of the Rancho California Water Oistrtct and the Eastern ~luntctpal Water District. He said that Eastern, not Rancho, will provide sewer service. The San 53 letter'has remarks which state that prior to the first LOCo the attached requested information is to be introduced to the E.H.5. The Health letter dated August g, 1988 to the Rancho California Water District discussed the 'will service' letter. He noted that a typical response to a Health Department letter was ';yes' to the question of whether there was adequate capacity. Eastern Municipal Water Oistrict's response to a 'will serve' letter has a statement that 'service might be precluded by the San Diego Region Water Q~altty Control Board.' A second copy of a San 53 has the statement that sewer may require off site sewer facilities subject to the treatment plant capacity of the San Otego Regional Water Oualtty Control Board. The San Diego Water Board's Order No. 88-94 had to do with discharge specifications and certain difficulties Eastern was experiencing in discharging which was in violation of the 'basin plan' as well as capacity. Order No. 88-101 was issued for a time schedule for the Eastern Municipal Water Oistrtct to rectify the problems. He said because of the agreement with Camp Pendleton and the Rancho Otstrtct, Eastern is being allowed three j~ears to work out the vtolittons, but they can only go to three million a day, and in order to be able to discharge three million gallons, they rest comply with certain report dotes for the next three ymars. The report concludes that Eastern shall submit to the Regional Board on or before each compliance date a Report of Compliance or lioncompliance with each task. The last page was a table which indicated that the tracts average peak sewage flow comes to 0.788 million gallons a day (IN&O). He pointed out that water is Introduced to this flow to dilute it. The monthly report shows an awerage of 2.260 million gallons by the end of February, with a maxima of 2.4Z3 NGO. lie said that under the present operating status of the Eastern Water District, there is no reasonable assurance that Eastern will be able to treat and discharge the wastewater flows coming out of the subject tracts for which environmental assessments are in question. RIVERSIDE COUNTY PLANNING ~ISSION MINUTES APRIL 12, lg89 Mr. Probandt said that EIR 235 for SP 219 was defectawe because information that could not hare been known mt the time of the EIR was certified as complete. The San Diego Regional Board Orders and the action by the Rancho Californtm Board and the Marines all took place subsequent to the October lgBB Board of Supervisors approvml of the subject EIR. No negative declaration can be issued because there exists substantial evidence that each project or trmct in question may have m significant effect on the envtrommnt. The review process presented was in Yiolmtion of due process mnd that the pertinent &gency (the Department of Health} did not follow its own rules in the &pprovml process. Conzntsstoner Beadling said that what was basically being said 1s that the plant is at capacity now and this project cannot be included. Mr. Probandt said that Eastern is in violation of the basin plan. The water code of the State of California has m list of rules which mllows any member of the public to protest an order of the Board. One of the procedures was to protest to the State Water Resources Board. He said that by the time this project is built, he didn't believe that he can be assured that the project will not be in violation of the 3 MGD. Co~:~isstoner Beadling asked whose responsibility this is. Mr. Vtckers said that Eastern indicated that they had the capacity and would serve these tracts. Commissioner Beadling noted that from what Mr. Probandt is saying, Eastern cannot provide the capacity. Mr. Vtckers said that that statement could be subject to a dispute by Eastern. They cannot sit in Judgnmnt of whether or not Eastern ts or is not in violation. That issue would have to be heard in San Diego before the Water Quality Control Board down there. What the developer has is & letter from Eastern Municipal saying that there is cmpmcity. Mr. Vickers mdvtsed that they should not be substituting their Judgnmnt for either Eastern or the Water Quality Control Board over whether or not there is cmpacity. Convisstoner Purrlance said that he did not believe that this was in the purrlaw of the Con:~tsslon, to check whether there are proper assurances from the proper agencies. However, if the San Diego RWQCB say that Eastern is persisting in. viol&ting the basin plan, it would seem ms if the WqC8 has the power to issue m cease mnd desist order which would prohibit them from allowing more hookups or whatever other mctlon they choose to take. Coazntsstoner Bresson said that there is m Nello Roos in that area, but he did not know if part of that district was for the develolxnent of · sewage plant. He felt that Eastern has m obligation when they wrote their letter saying that they have capacity, and the Commission has to consider that Eastern will do it. If Eastern gets additional capacity, there is no problem; if not, then Eastern mnd'the developer will have m problem. The Commission has to go by what doc~ntmtion is given them. Hr. Probandt said that he was alleging that the developer cannot get capacity because of Eastern's otm statements. He said that what he was trying to show 44 RIVERSIDE COUNTY PLANNING COMMISSION HINUT£S APRIL 12, 1989 wttl~ the transparencies of the documents is that the statement from the Health Department has a 'yes' check for capacity, but that does not mean anything. What does mean something is the letter Eastern sent dated 12-19-88 which states that 'service might be precluded by RWQCB-SD.' Mr. Probandt said that if this project develops further, Eastern wtll testtff ethat this is not a binding comnltment, and is not a contract to serve. h point he is saying is that the developer cannot get a negative declaration if there exists substantial evidence that the project, in this case the tracts, w111 have a significant environmental impact. Therefore, he was presenting the information in that context. Mr. Vtckers asked if sewage was a part of Specific Plan 219 and EIR 235 and were mitigation measures a part of that. Staff advised that it was. Vtckers pointed out that added to the conditions today w~re conditions regarding environmental monitoring and recording. Comtssioner Beadling said that she was concerned that the developer will grade the land, then find that he cannot build. What they will end up with is land that has been disturbed and is subject to erosion. Hr. Probandt said that he moved onto his property after the Board approved the specific plan. He would have been at these hearings before this, had he moved into the area earlter. He is trying to establish evidence that these tracts may have a significant impact on the environment in order to get this problem resolved. Mr. Vlckers said that the environmental findings in the EIR address the issue of sewage and the mitigation of that problem. He noted that a condition was added today for monitoring and reporting, and advised that the development could be stopped at various stages if it is not at the right level. Co~m~tsstoner Purvlance said that he did not believe it was the Commtsston's role to make the determination that Mr. Probandt wants. Whether or not the developer is following the requirements of the Regional Water Oualtty Control is between the developer and that agency. Mr. Probandt reiterated that this is an environmental assessment that is being considered and the Commission cannot issue a negative declaration under these ctrcmnstances based on substantial evidence that this project may affect the environment. Commissioner Purvtance advised that County Counsel is saying that the plan calls for these things to be mitigated and that the conditions have been amended so the project is monitored. merefore, the negative declaration is perfectly legal. The hearing was closed at 4:lg p.m. FINDINGS AND CONCLUSIONS: Seven Tentative Vesting Tract Nos. 24131, 24132, 24133, 24134, 24135, 24136 and 24137 have been submitted; the subject tracts are located entirely within adopted Specific Plan No. 219; the seven vesting tracts have been designed to the development standards of Adopted Specific Plan No. 219; Environmental Assessment Nos. 33433, 33470, 33469, 33434, 33413, and 33414, based on the findings of Environmental Impact Report No. Z35, prepared for Specific Plan No. 219, indicate that the environmental impacts can be avoided or mitigated to an acceptable level, except for cumulative Air Qualtty impacts, which cannot be fully mitigated; a statement of Overriding Findings 45 RZVERSII~ COUNTY PLANNING COI~ZSSZON #INUTES APRIL 12, 1989 for cumu]&ttve Air Qualtty tmpacts ~ms approved by the Board of Supervisors on October 4, 1988; and, Development Agreement No. 4 has been recorded for Spectftc Plan No. Zlg. The prol;msed tracts conform to Spectftc Plan No. 219~ confore to the requirements of Ordinance Nos. 348 end 460; based on the environmental determination mde In Environmental Assessment Nos. 33433, 33470, 33383, 33469, 33434, 33413, and 33414, the subject vesttng tracts wtll not have e st~ntftcent effect on the envtroment, vtth the exception of cumulative Atr Quality impacts which r.l~not be fully mttJgated~ and, the akov- r~'erenced Environmental Assessments Include the Statement of Overriding Ftndings for cumulative Air Quality Impacts approved by the Boar of Supervisors on October 4, 1988, therefore, the environment41 Impacts have been mitigated to an acceptable level through project design end the conditions of approve]. I~TION: Upon motion by Commlsstoner Bresson, seconded by Commissioner Beadltng and uoantmously carried, the Cmm~tsston adopted the Negattve Declarations for £A Nos. 33433, 33470, 33383, 33469, 33434, 33413 end 33414 end approved Tentative Tracts No. 24131 Amended No. 1, 24132 Amended No. 2, 24133 A~ended No. 1, 24133 Amended No. 1, 24134 ~nended No. 1, 24135 Amended No. 1, 24136 Amended No. 1, and 24137 Amended No. I subject to the emended conditions of approval and based on the above ftndtngs and conclusions. ]n answer to Countsstoner Bresson, Mr. Vtckers advtsed that on the prevtous 1tam, the Development Agreement was tn place. These are new vesttng maps within the Specific Plan. .. 46 ~:e_~o~ DJ~J. ct: First E.A. Number: 33433, 3~70, 33383, 3~69, 3~, 3~, 3~14 Vesting Tract Nos.: 24131 Amencknent No. 1 24132 ~mendment No. 2 24133 ;~mm~dment No. 1 24134 Amendment NO. 1 24135 ;~endment NO. 1 24136 ;~m~knent No. 1 24137 J%~endment No. 1 Planning O~..,~ssic~l: 4-12-89 ~) .:~ / O 0 P~ert Bein, William Frost & Associates 3. Type of ~: 4. Izz~tim: To subdivide 698.1 acres into sev%n %~sting tracts (24131, 24132, 24133, 24134, 24135, 24136, and 24137) consisting of 2,529 resident/al lots and 100 open space lots/school sites. The tracts are located within the M~adows Specific Plan ~No. 219). The site is in the State Highway 79 corridor in the Bane/x)California ar~a of Southwestern Ri~arside County. Specifically, the-~ subject tracts ar~ located _~a_=~t of Margarita Rd. and we~t of Butterfield Stage P~., hn~ediately north of Highway 79, and south of Pauba ~d. SP, R-B, R-A, R-A-2 1/2, R-A-5, A-l-10, C-P-S 7. Site Characteristics: The site of the sub~ct tracts co~sist~ of r~lling tex.a/n except for southezn portic~ of the site, which is flat. ~me site has been used for cite- fanning ~aer~ the permitted. With tl~ excep~i~ percolat/c~ ponds ~ a portio~ of Vesting Tract 24137, all of the site is St~ff P~port Vest/ng Tract Nos. 24131 2m~a~d No. 1 24132 ~ No. 2 24133 Amended No. 1 24134 ~ NO. 1 24135 ;~mm~ed No. 1 24136 ;~ended No. 1 24137 Amended No. I Page 2 8. Ao~ Omracteristics: Comprehensive General Plan Designatic~: 10. Land Divisi~ Data: 24131 ;~nd. No. I 105.4 24132 ;~d. NO. 2 90.2 24133 /~d. NO. I 163.7 24134 ;~d. No. I 91.2 24135 ~d. No. i 83.5 24136 ;~d. NO. I 99.8 24137 ~. NO. i 64.3 located in ~ern Riverside County in the Rancho Californ/a area. ~e tracts arm near other adorned Specific Plans, such as Vail (Specific P/an 223) and Redhawk (Specific Plan 217) to the South as w~11 as app~u~d tracts to the TOTALS 698.1 ~AND USE: Adopted Specific Plan No. 219 15, 22 440 0 13 30, 31, 32 214 0 11 16,19, 20, 21 693 0 23 18, 33, 34 311 0 19 17 325 0 19 8 400 0 8 1, 2-a 146 1 7 Tract No. 24131 ~mendme~t NO. I 3-07-89 3-20-89 3-27-89 2-27-89 1-18-89 4-14-89 Flood Cc~crol: Fire i~1~ ~ Safe~y: ~J~ed m~d Dapt.: 2,529 I 100 S~el~tt~rs~ted: Tract No. 24132 ~ NO. 2 Road DepazJ~ent: 3-06-89 Bealth Dep~r~: 3-20-89 Floc~ (kmt_rD1: 3-24-89 Fir~ Depmr~m~fc: 3-21-89 B-4]M~_ng and Safety: 3-06-89 Be~ised Boad Dept: 4-17-89 Staff P~port Vesting Tract Nos. 24131 ~ No. 24132 ~ No. 2 24133 ~ No. 24134 ;~ended NO. 1 24135 ;~ended No. 1 24136 ~ NO. 1 24137 ;m~m~ded No. I Tract: No. 24133 ~m~g'r:)~e~. No. i Tract No. 24134 ;~m~nt No. i Fir. D~p.ztmm~: 3-06-89 2-27-89 3-27-89 2-24-89 3-06-89 4-17-89 Flo~d Fir. Building and Safety: 3-06-89 3-20-89 3-27-89 2-24-89 3-06-89 4-17-89 Tract No. 24135 ~t NO. i Tract No. 24136 ~mant No. 1 Fire Departm~t: ~rild.Jqg ~ Safety: 3-06-89 2-27-89 3-27-89 2-24-89 3-06-89 4-12-89 3-06-89 2-27-89 3-27-89 2-24-89 3-06-89 4-12-89 Tract No. 24137 ;~ndment No. 1 3-07-89 2-27-89 3-27-89 2-24-89 3-06-89 1-30-89 4-12-89 Se~m VestL~ Tentative Tracts have been filed within ~k~Xed Specific Phn No. 219 (~e M~_ dews). Vest/rig Te~cat/ve Tract No. 24131 proposes to divide 453 ~ c~ 105.4 acres. Vesting Te~tat/ve Tract No. 24132 will divide 214 In t~e interior of the Spec/fic Plan, Vesti~ Tract No. 24133 ccnsists of 716 lc~sa~ 163.7aczes. Vest/ng Tract No. 24134, located in tbe m~xthw~ oozner of the .qFeci6tc Plan az~a, will divide 91.2 acres into 330 lots. Vest~ Tract No. 24135, located in t~e ~ most portic~ of the Specific Plan, includes 344 ~ c~ 83.5 ac~. V~ Tract NO. 24136 will divide 99.8 acres /nto 408 lc~s. F/rm/ly, Vest/rig Tract No. 24137, in the ~cuthwestern ~ of the Specific Plan adjacellt to Highway 79, proposes to divide 64.3 a~es into 154 lc~s. Staff Vest/rig Tract Nos. 24131 ;~ended No. 1 24132 Amended No. 2 24133 ;%mended No. 1 24134 ~ NO. 1 24135 k~nded No. 1 24136 ~me~ded No. 1 24137 ~ma~ed No. i ~age4 Spe~4{ic Plan No. 219, a~ed by the Board of Supervisors c~ October 4, 1988, includes 5,611 dwelling units c~ 1389 acres. The se%~ tracts implement the w~st-rn portic~ of the Specific Plan. ' · ~v=~e~tal Impact Bsport No. 235 assessed the full range of en~tal cu~cerns associated with the Specific Plan. All identified pctent{~l impacts, exce~ for c~ulati~ effects c~ air quality, ~ reduced to an acceptable le~_l through mitigatic~ measures incorporated into the project, oc~ditic~s of approval and project design. ~he ~ impact r~oort is the basis for the ' tal asses.~nts for the subject tracts. Asses~_nt Nos. 33433, 33470, 33383, 33469, 33434, 33413, and 33414 indicated that all potential impacts for the tracts can be mitigated to an acceptable level. Project Consistency with Adopted Specific Plan ~e ~bject tracts w~ thoroughly ~view~ for c~sist~cy ~ ~~ ~ic P~ ~. 219. ~ ~i~~ ~iti~ ~ ~ ~om to ~ ~ic P~. ~ ~~ ~ ~ ~ ~~ ~~ of ~ ~im III.B of ~ ~ic P~n. Issues dealt with at the design stage of the tracts ~a~ included internal cir~,latic~ within the tracts, mitigatic~ of h{~coric r~scurues, and geologic issues. First/y, /rite=ha/ circu/atic~ ~as & om~exn in all of the tracts under c~miderat/~, except for Vest/rig Tract No. 24137. ~ese commons ~rked out ~ mlr~r _r~de_?_ign. The second issue ~as the m/tigatic~ of the County Parks DeskrimeS. It ~s determined that the h~-toric z~rces wi~h4n the tracts under cc~sideratic~ could be adequately mitigated. Fi~lly, g~ologic co~cexns included liquefacti~ for Vese{n~ Tract 24137 and slope stability for all of t~e tracts. P~ports were pr~p~d ~ ~ach issue and 1/quefact/~ ~ssue for Tract 24137 az~ presented in a letter dated 1-30-89. With r~3ard to slope s~b{~{ty, the C~o__1ogist found that the z~c~'~atic~s of the reports w~e acceptable and should be incorporated into the an~ ~uct/on of the tracts. Staff m~ort Vesting Tract Nos. 24131 __~ded No. 1 24132 ;~ended No. 2 24133 ~ No. ! 24134 ~ No. 1 24135 ;~ended No. 1 24136 ;remanded No. 1 24137 ~ No. 1 Pag~ 5 1. Se~n Ts~cative Vesting Tract Nos. 24131, 24132, 24133, 24134, 24135, 24136, and 24137 have been submitted. 2. The subject tracts ar~ located e~{rely with{n adopted Specific Plan No. 219. 3. ~he se~n %~mting tracts have been designed to the de~l~t standards of Adopted Specific Plan No. 219. 4. Envi~.~al Assessment Nos. 33433, 33470, 33383, 33469, 33434, 33413, and 33414, based c~ the findings of En~tal Impact P4~port NO. 235, prepered for Specific Plan NO. 219, indicate ~hat the e~vir~l~ntal /rapacts can be a~ided or mitigated to an acc~le le~_l, except for c%~m~ati~ Air Quality /rapacts, which cannot be fully mit/gated. A statement of Ov~rriH~ng Findings for cu~,!~tive Air ~mlity impacts was appr~d by the ~%rd of Supezvisors c~ October 4, 19BB. 5. De~elq~ent~ No. 4 ~as been recorded for Specific Plan No. 219. 1. The proposed tracts ou~fom to Specific Plan No. 219.// 2. ~ prg~sed ~mting t~acts c~fo~ to tha ~ of Ordinance No. 348 and 460. 3. Based c~ the ~vi~xme~tal detezminat/~ made in ~ixc~ental Assessment Nos. 33433, 33470, 33383, 33469, 33434, 33413, and 33414, the subject ~sting tracts w4~ not ham a significant effect cn the e~wir~t, with .Statement of 0~~ Find/rigs for c~,l~ti~ Air Quality impacts /%FP~OVAL of Vesting Tentative Tract No. 24131 ~ No. 1, subject to the attached cc~ditic~s of approval; and, 24131 ~m~ded ~o. 1 24132 ~m~ded No. 2 24133 ~ No. 1 24134 ~x~d NO. 1 24135 ~ No. 1 24136 ~._--: _~1 NO. 1 24137 ~ NO. 1 ~ of Vestin~ Terfcal~ Tract: No. 24132 ~ No. 2, sub~t to the attached o:o:tit. ims of ~; and, ~ of vesttnq Tenta~v~ Tract No. 24133 J~mcled No. 1, sub~ to the attached ccr, diti. crm of a~.,.o~a.l; and, ~PPRDVAL of Vestlnq Te~tativ~ Tzact No. 24134 /~ended No. 1, subject to the a~cached --u~ditic~s of appcoual; and, ~ of Vegc/n9 Tentati~ Tract No. 24135 ~ No. 1, subject to the attached cc~ditic~s of approval; and, of Vesting T~d~tive Tract No. 24136 ~ No. 1, subjec~ to the of Vesting Tentat/v~ Tract No. 24137 /~eg~ed No. 1, sub~c~ to the cc~diti~ of e~roual. - CO:cj ~C.~T3'.~R ~o R~ ' VAC Area RANCHO CALIF , 1st Sec. 0 T. 8 S..PI.2W ~ea~s Ok. g23 I~. 23 Element MARGARITA RD ART 110' Rd. gk Pg. 56A Date 3121189 ~e~m By Vn(~::~' · -.....o,,,- ~.-oaJ~r'A~e'Af?' ...... 74134 TR 24135 24136 TR 24137 EXISTING ZONING t . R-R t~; J3 /.. _SP ~'ON!= - ~ .(SP2~3) &PP. BEDFORD PROPERTIES ' ~OC~T~*~,~. '"' ' Ute. 252.9 LOTS 2000' ~~~ ~ ~N/~; D~TM~ ~ ~=L;~ '.' RIVERSIDE COUNTY PLANNING DEPARTMENT SUBDIVISION CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT NO. 24134 AMENDED NO. 1 STANDARD CONDITIONS The subdivider shall defend, tndenmtfy, and hold harmless the County of Riverside, its agents, officers, and employees from any claim, action, or proceeding against the County of Riverside or its agents, officers, or employees to attack, set aside, void, or annul an approval of the County of Riverside, its advisory agencies, appeal boards or legislative body concerning Vesting Tentative Tract No. 24134 Amended No. ! which action is brought about within the time period provided for in California Government Code Section 66499.37. The County of Riverside will promptly notify the subdivider of any such claim, action, or proceeding against the County of Riverside and will cooperate fully in the defense. If the County 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 hamless the County of Riverside. 2. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule A, unless modified by the conditions listed below. 3. This conditionally approved tentative map will expire two years after the County of Riverside Board of Supervisors approval date, unless extended as provided by Ordinance 460. The final map shall be prepared by a licensed land surveyor subject to all the requirements of the State of California Subdivision Map Act and Ordinance 460. The subdivider shall submit one copy of a soils report to the Riverside County Surveyor's Office and two copies to the Oepartment of Butldlng and Safety. The report shall address the sotls stability and geological conditions of the site. 6.. If any grading is proposed, the subdivider shall submit one print of a comprehensive grading plan to the Department of Building and Safety. The plan shall comply with the Uniform Building Code, Chapter 70, as amended by Ordinance 457 and as may be additionally provided for in these conditions of approval. VESTING TENTATIVE TRACT NO. 24L34 ~d. Ill Conditions of Approval Page 2 e A grading permit shall be obtained from the Department of building and SafeLy prior to commencement of arLy grading outside of count~ maintained road right of way. 8. An~ cleltnquent property taxes shall be patd prior to recordation of the final map. The subdivider shall comply wtth the street improvement recm~a-dattons outltned in the Riverside County Road Oepartment's letter dated 4.17 6~ a copy of which is attached. (~ended - Planntn9 conxatsslon - lO. Legal access as required by Ordinance 460 shall be provided from the tract map boundary to a County maintained road. All road easeaents shall be offered for dedication to the public and shall continue in force until the governing bocLv accepts or abandons such offers. A11 dedications shall be free from a11 enc~nbrances as approved by the Road Commissioner. Street names shall be subject to approval of the Road Commissioner. Ease, ents, when requtred for roadway slopes, Oralnage fact11ties, utilities, etc., shall be sho~ on the final map if they are located w~thtn the land division boundary. All offers of dedication an· conveyances shall. be suet tied and recorded as dtrecteo by the Count~ 5u rveyo r. Water and sewerage dtsposal facilities shall be Installed tn accordance wtth the provisions set forth in the Riverside County health Department's letter dated 3-20-8g, · copy of which ts attached. The subdivider shall comply with the flood control recon~endations outltned by the Riverside County Flood Control Otstrtct's letter dated 3-27-89, · Copy of which is attached. ]f the land dtvtslon 1tes wtthtn an adopted flood control drainage area pursuant to Section lO.g5 of Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the Road Commissioner. The subdivider. shall cmply ~tth the ftre Improvement recomendattons outltned tn the county Ftre I(arshal°s letter dated 2-24-89, · copy of whtch ts attached. Subdivision phasing, Including ·n~ proposed can·non open space area Improvement phistrig, tf applicable, shall be subject to Plannlny Department &pproval. Anx proposed phastng shall provtde for adequate vehicular access to all lots tn each phase, end shall substantta11~ confore to the tntent and purpose of the subdivision &pproval. VESTING TENTATIVE TRACT NO. 24134 kmd. t1 Conditions of Approval Page 3 17. The subdivider and all successors in interest shall comply with the provisions of Development Agreement No. 4 and Specific Plan No. 219. Lots created by this subdivision shall comply with the following: a. Al1 lots shall have a minimum size of 5,000 square feet. b. Corner lots and through lots, if any, shall be provided with additional area pursuant to Section3.BB of Ordinance 460 and so as not to contain less net area than the least amount of net area in non-corner and non-through lots. c. Lots created by this subdivision shall be in conformance with the development standards of the Specific Plan zone. d. 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. e. Trash bins, loading areas and incidental storage areas, located in recreation areas, shall be located away and visually screened from surrounding areas with the use of block walls and landscaping. (Amended - Planning Commission - April X2, Zg8g) Bike racks and bike lockers in sufficient quantity shall be provided in convenient locations to facilitate bike access to recreation areas. (Amended - Planning Coa~ntsston - April X2, XgBg} Prior to RECORDATION of the final map the following conditions shall be satisfied: a. Prior to the recordation of the final map the applicant shall submit written clearances to the Riverside County Road and Survey Department that all pertinent requirements outlined in the attached approval letters from the following agencies have been met: County Fire Department County Flood Control County Health Department County Parks Department 20. A property owners' association with the unqualified right to assess the owners of the individual units for reasonable maintenance costs shall be established and continuously maintained. The association shall have the right to lien the property of the owners who default in the payment of their assessments. Such lien shall not be subordinate to any encumbrance other than a first deed of trust provided such deed of trust is made in good faith and for value and is of record prior to the lien of the association. '¥E~I~ TENTATIVE TRACT NO. 24134 ~d. tl Condftlons of Approval Page 4 PF~o~ ~e P~eewdfi~en e~ She fSa&4 map, ~ke eubd~v~deP skl~4 eeavey ~o ~vn~y ~ee s4~e ~4~ ~o I~ ee~ eP e~ epe~ spaee ~Peas, ~e o~d .~eaP ~ a~ ~$e~s, ~e,, assess~,~, ~eases ~ee~ded unPeeoPded~ aRd eas~ents~ ~eep~ these us~en~s ~4ek 4R ~he so~e d4se~4o~ e~ ~ke ~nty I~ leeep~ib~e, ~ eo~d4~4oas pPeeede~ ~e sho~3 ~ sub~ee~ ~e the appPeva~ e~ ika~ depaPMefi and ~he 9~4ee e~ the J~ A dee~a4,a~en e~ eeve.qants, ee~qd4~4ens and PefiP4e~$~s~ aMd A sample deemneff eenvey4ng t$S~e Se ~ke pYPeklSL,~' e~ aM 4Md4v4du&~ ~et e~ MR$S wh4eh p~ev$des Shat' She dee~aPlt~en ~ eevenan~s~ eend$~4ens end Pes~P4e~ens ~s 4neePpePi~ed ~kePe4n by ~e~ePenee, ;he dee~l~fi4en e~ sevenlaSs, eend4S4ens end Pes~P4e~4ens eubm4S~ed ~oF Pev4ew sh&~3 ~l~ pPov4de fop & SePt of 60 yelps, ~b-) pPev4de feP She efilb~skmen~ e( i p~o.pe~y ew,,ePs2 issoe~fi4oR eompr4sed of ~e owners e~ ~he ~e~ew4~! pPev4s4on s#a~ ;he p.,epe~ty e~e~sX assee4fi4en efiab~4sked he~eSn eka3~, 4f dormant, be aet4vlSed, by 4asePpePfi4en eP e~ke~w4se, a~ the gewnSy e~ R4ve~4de, end S#e p~epe~ly ewne~e~ assoe4fi4on ¥MeeMd4&4en&33y aeeepS fPem i#e GeMMay ef R4vePs4de, ¥peM She demoMdT ~4~e ~e I~ e., amy piPS O4F ~Ae Zeoffl~OM at~eaA~ ~Pt4eu~aP~y deseP4bed is ~ois A through R On Veot4ng ~paei ~4J34 beaded Now a. The dee4sSen to ~qw$~ afi4vfiSen pPepeP~y e~ePsx esseeSai4on and the dee$s4en So ~qu4~ lht~ ~ ~e so~ d4se~4M e~ the Qeun~y o~ R4veP~de, ~n ~he evens ~hfi ~he een~en a~ea, o~ any pe~S 4he~ee~, 40 eaRrayed ~e ~he pPopeP~y MePS~ assoe4i~4on, ~he assoe~a~4o~, ~he~afteP sha~ ze~oa a~a% ff e~y peffe ~effee~, abeeRe ~e pf4~ ~$~ea eeAoeA~ nei4ee e~ asses~en~ ~ etkeF deeumen~ e~at4~g ~he IssessMn~ ~4~v VESTING TDITATIVE TRACT #0. 24134 ~md. tl Condittoes of Approval Page 5 ~$s 9ee~a~$eA eka~ net be ~eP~$na~ed, ~substant~a~y2 emended pPepePly deanReNed ~kePe~Pem ibeen~ ~ke pP4eP wP$t~en eensen~ e~ tke P~anR~n! 9~eete~ e~ Oe geuniy mY a~ve~e~de eP ~e Geun~y~s aueeesseP-4n-~ntePest. A pPepesed amendment ~ka~ be eens~dePed 2{Ren iPel£~ Onee &ppPevedT ~be dee;iPa~en e~ eevenanes, eead&~sns a,vl PeS&P~e~&ens sha~ be PeeePded at ~#e time time ika~ ~he ~na~ map 4e Peeerded, (Deleted - Planning Countssion - Apr11 12, 1989) 21. Prior to recordation of the final subdivision map, the subdivider shall submit the following documents to the Planning Department for review, which documents shall be subject to the approval of that department and the Office of the County Counsel: 1) A declaration of covenants, conditions and restrictions; and 2) A sample document conveying title to the purchaser of an individual lot or unit which provides that the declaration of covenants, conditions and restrictions is incorporated therein by reference. The declaration of covenants, conditions and restrictions submitted for review shall (a) provided for a minimum term of 60 years, (b) provide for the establishment of a property owners' association comprised of the owners of each individual lot or unit, (c) provide for ownership of the common area by either the property owners' association or the owners of each individual lot or unit as tenants in cm~non and (d) contain the following provisions verbatim: "Notwithstanding any provision in this Declaration to the contrary, the following provision shall apply: The property owners' association established herein shall manage and continuously maintain the 'common area', more particularly described as lots A through R on Vesting Tract Map No. 24134 Amended No. 1 attached hereto, and shall not sell or transfer the 'common area', or any part thereof, absent the prior written consent of the Planning Director of the County of Riverside or the County's successor-in-interest. The property owners' association shall have the right to assess the owners of each individual lot or unit for the reasonable cost of VESTING TENTATIVE TRACT II0. 24134 AtoM. ~1 Conditions of Approval Page 6 22. maintaining the 'con~on area' and shall have the right to lien the property of any such owner who defaults in the payment of a maintenance assessment. An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien. This Declaration shall not be terminated, 'substantially' amended or property deannexed therefrom absent the prior written consent of the Planning Director of the County of Riverside or the County's successor-in-interest. A proposed ~ndment shell be considered 'substantial' if it affects the extent, usage or maintenance of the mCOg~non area'. In the event of any conflict between this Declaration and the Articles of Incorporation, the Bylaws or the property owners' association Rules and Regulations, if any, this Declaration shall control.' Once approved, the declaration of covenants, conditions and restrictions shall be recorded at the same time that the final map is recorded. (Added - Planning Con~nisston -.April Xg, lgsg) The developer shall comply with the following parkway conditions: landscaping 1) Prior to recordation of the final map the developer shall file an application with the County for the formation of or annexation to, a parkway maintenance district for Vesting Tentative Tract No. 24134 Amended No. ! in accordance with the Landscaping and Lighting Act of 1972, unless the project is within an existing parkway maintenance district. Prior to the issuance of building permits, the developer shall secure approval of proposed landscaping and irrigation plans fram the County Road and Planning Departshr. All landscaping end irrigation plans and spectftcmtions shall be prepared in a reproducible format suitable for permanent filing with the County Road Oepartmnt. 3) The developer shall post a landscape performance bond which shall be released concurrently with the release of subdivision performance bonds, guarmnteeing the viability of ell lmndscmptng which will be installed prior to the assumption of the metntenmnce responsibility by the district. 4) The developer, the developer's successors-in-interest or msstgnees, shall be responsible for all parkway landscaping maintenance untt1 such time as nmtntenance is taken over by the district. VESTING TENTATIVE TRACT NO. 24134 Amd. tl Condlttoas of Approval Page 7 23. 24. 25. 26. 5) The developer shall comply with the standards and exhibits in Specific Plan No. 219. 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. Street lights shall be provided within the subdivision in accordance with the standards of Ordinance 461 and the following: Concurrently with the filing of subdivision improvement plans with the Road Department, the developer shall secure approval of the proposed street light layout first from the Road Department's traffic engineer and then from the appropriate utility purveyor. z) Following approval of the street lighting layout by the Road Oepartment's traffic engineer, the developer shall also file an application with LAFCO for the formation of a street lighting district, or annexation to an existing lighting district, unless the site is within an existing lighting district. 3) Prior to recordation of the final map, the developer shall secure conditional approval of the street lighting application from LAFCO, unless the site is within an existing lighting district. 4) All street 1t~hts and other outdoor lighting shall be shown on electrical pmans submitted to the Oepartment of Butldtng and Safety for plan check approval and shall comply with the requirements of Riverside County Ordinance No. $55 and the Riverside County Comprehensive General Plan. 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 County Surveyor. A copy of the ECS shall be transmitted to the Planning Oepartment for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Oepartment and the Department of Building and Safety. The following note shall be placed on the Envtroanental Constraints Sheet: 'County Slope Stability Report No. g$ was prepared for this roperty and is on ftle at the Riverside County Planning Oepartment. peclftc items of concern in the report are as follows: Slope stability and landslide mitigation.' Prior to the issuance of GRADING PERHITS the following conditions shall be satisfied: VESTING TENTATIVE TRACT NO. 24134 A~d. I1 Conditions of Approval Page 8 P~e~ (e ~e ~ssu&nse ~ ~adSng pe~m~s~ ~ke app~&~an~ sha~4 eb~a&n .MSs(ease ef (he $(epkeMs~ KaMgaFee b~ e~ ~ke s$~e~ (Deleted - Planning Commission -Aprtl 12, 1989) Prior to the issuance of grading permits, the applicant shall comply with Ordinance No. 663 by paying the fee required by that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fees required by Ordinance No. 633, the applicant shall pay the fee ~equtred under the Habitat Conservation Plan as implemented by County ordinance or resolution. Prior to the issuance of g~md&m~ building permits detailed con,non open space area landscaning and irrigation plans shall be submitted for Planning Department a~ royal for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following: (Amended - Planning Commission - April 12, 19Bg) 1. Permanent automatic irrigation systems shall be Installed on all landscaped areas requiring irrigation. 2. Landscape screening where required shall be designed to be opaque up to a minimum height of six (6) feet at maturity. 3. All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Director. Utilities shall be placed underground. e Parkways and landscaped building setbacks shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth beming, ground cover, shrubs and specimen trees in conjunction with meandering sidewalks, benches and other pedestrian amenities where appropriate as approved by the Planning Department. 5. Landscaping plans shall incorporate the use of specimen accent trees at key vtsual focal points within the project. Where street trees cannot be interior streets and project right-of-way, they shall be right-of-way. planted within right-of-way of parkways due to insufficient road planted outside of the road VESTING TEXTATIVE TRACT NO. 24134 A~I. I! Conditions of Approval Page 9 de Landscaping plans shall Incorporate nattve and drought tolerant plants where appropriate. All existing specimen trees and significant rock outcroppings on the subject property shall be shown on the project's grading plans and shall note those to be removed, relocated and/or retained. All trees shall be minimum double staked. growing trees shall be steel staked. Weaker and/or slow 10. The plans shall confom to those shown in Specific Plan No. 219. Any oak trees removed with four (4) inch or larger trunk diameters shall be replaced on a ten {10) to one (1) basis as approved by the Planning Director. Replacement trees shall be noted on approved landscaping plans. The following tree preservation guidelines shall the projects approved grading, building and appropriate: be incorporated in landscaping plans as EVery effort shall be made to prevent encroachment of structures, grading or trenching within the drtpltne or twenty-five {25) feet of the trunk of any trees, whichever is greater. o e If encroachment within the dripline is unavoidable, no more than one third of the root area shall be disturbed, graded or covered with impervious materials. The root area is considered to extend beyond the dripline a distance equal to one half the radius. Building, grading or improvements shall not occur within ten (10) feet of any tree trunk. Retaining walls shall be constructed where necessary to preserve natural grade at least one-half the distance between the trunk and the dripline. Walls shall be designed with a post or caisson footing rather than a continuous footing to minimize root damage. Alteration of natural drainage shall be avoided to the greatest extent possible. Runoff channelled near trees shall not substantially change nonmal sot1 moisture characteristics on a seasonal basis. Runoff shall not be directed towards the base of trees so that the base of the trees remain in wet sotl for an extended period. Where natural topography has been altered, drainage away from VESTING TEE[ATIVE TRACT NO. 24134 Conditions of Approval Page 10 ge ge 10. trunks shall be provided where necessary to ensure that water will not stand at the crown. Sedimentation and stltation in the drainage ways shall be controlled where necessary to avoid filling around the base of the trees. Land uses that would cause excessive sotl compaction within the dripline of trees shall be avoided. If the areas are planned for recreation, provide trails to restrict compaction to a small area. Heavy use under trees shall be avoided unless measures to minimize compaction are undertaken. Landscaping or irrigation shall not be installed within ten (10) feet of any trees. All existing native specimen trees on the subject property shall be preserved wherever feasible. Where they cannot be preserved they shall be relocated or replaced with specimen trees as approved by the Planning Director. Replacement trees shall be noted on approved landscaping plans. All approved graJing and building plans shall reflect the utilization of post and beam foundations or the appropriate combination of split level pads and post and beam foundations when development is proposed on natural slopes of fifteen percent or greater measured over a horizontal distance of thirty {30) feet. ~' If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Otrector for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: 1) Techniques which will be utilized to prevent erosion sedimentation during and after the grading process. and 2) Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March 3) Preliminary pad and roadway elevations 4) Areas of temporary grading outside of a particular phase Driveways shall be designed so as not to exceed a fifteen (15) percent grade. YESTING TENTATIVE TRACT I10. 24134 Condittoes of Approval Page 11 27. Grading plans.shall conform to Board adopted Htllstde Development Standards: All cut and/or fill slopes, or Individual combinations thereof, which exceed ten feet In verttcal height shall be modtfted by an appropriate combination of a spectal terracing (benchtrig) plan, increased slope ratio (i,e., 3:1), retaining walls, and/or slope planting c~tned with irrigation. Ali driveways shall not exceed a fifteen percent grade. All cut slopes located adjacent to ungraded natural terrain and exceeding ten (10) feet tn verttcal hetght shall be contour-graded Incorporating the following grading techniques: 1) The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. 2) Angular foms shall be discouraged. The graded fom shall reflect the natural rounded terrain. The toes and tops of slopes shall be rounded with curves with radii destgn~ in proportion to the total height of the slopes. where drainage and stability pemtt such rounding. 4) Where cut or ftll slopes exceed 300 feet tn horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. 'IRo Natural features such as water courses, spectmen trees' and significant rock outcrops shall be protected in the siting of individual building pads on final grading plans. Prior to the issuance of grading permits, the developer shall provtde evidence to the Olrector of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Otrector of Building and Safety. Prior to the tssuance of grading permtts, a qualified paleontologist shall be retained by the developer for consultation and ca,,,ent on the proposed grading with respect to potential paleontologtcal impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-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 fosstls. Prior to the Issuance of BUILDING PERMITS the following conditions shall be satisfied: VESTING TENTATIVE TRACT I10. 24134 Amd. !1 ComJttto~s of Approval Page 12 28. 1) The project shall comply with the requirements of Development Agreement No. 4. z) Prior to the submittal of building plans to the Department of Building and Safety an acoustical study shall be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwelling units within the subdivision to reduce ambient interior noise levels to 45 Ldn. 3) Prior to the issuance of building permits, composite landscaping and irrigation plans shall be submitted for Planning Department approval. The plans shall address all areas and aspects of the tract requiring landscaping and irrigation to be installed including, but not limited to, parkway planting, street trees, slope planting, and individual front yard landscaping per the requirements of Specific Plan No. 21g. 4) All dwellings to be constructed within this subdivision shall be designed and constructed with fire retardant (Class B) roofs as approved by the County Fire Marshal. s) Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. 6) Roof-mounted equipment shall be shtelded from view of surrounding property. 7) Building separation between all buildings excluding fireplaces shall not be less than ten (10) feet. 8) All street side yard setbacks shall be a minimum of ten (10) feet. g) All front yards shall be provided with landscaping and automatic irrigation. Prior to the issuance of OCCUPANCY PERJqITS the following conditions shall be satisfied: 1) Wall and/or fence locations and materials shall conform to the approved wall and fence treatment plan in Specific Plan No. 219. 2) All landscaping and irrigation shall be Installed in accordance with approved plans prior to the issuance of occupancy permits. seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be uttltzed as approved by the Planning Otrector and the Otrector of Building and Safety. YESTING TE:NTATIYE TRACT NO. 24134 A~d. ~1 Coadlttons of Approval Page 13 29. 3) All landscaping and Irrigation shall be Installed In accordance with approved plans and shall be vertfted by a Planntng Department fteld 'Inspection. 4) Not withstanding the preceding conditions, wherever an acoustical study ts requtred for notse attenuation purposes, the heights of all requtred ~alls shall be determined by the acoustical study where applicable. 5) Concrete sidewalks shall be constructed throughout the subdivision in accordance with the standards of Ordinance 451 and Spectftc Plan No. 219. 6) Street trees shall be planted throughout the subdivision in accordance with the standards of Ordinance 450 and Spectftc Plan No. 219. Prior to the issuance of a building permit, the subdivider shall prepare and submit a written ,report to to the Planning Otrector of the County of Riverside demonstrating compliance with those conditions of approval and mitigation measures of this map and £.A. No. 33469 which must be satisfied prior to the issuance of a building permit. The Planning Director may require inspection or other monitoring to assure such compliance. (Add -Planntng Coantsston -Aprtl 12, 1989) CO::cJ:gs OFFICE OF [t~AD COMMI.~IONER & COUNTY SURVEYOR Riverside County Planning Commission 4080 Lemon Street Riverside, CA 92501 April 17, 1989 Re: TR 24134 - Amend #1 Schedule A - Team SP - SHD t9 Ladies and Gentlemen: *Amended at P.C. 4-12-89 With respect to the conditions of approval for the referenced tentative land division map, the Road ~epartment recommends that the landdivider provide the following street improvement plans and/or road dedications in accordance with Ordinance 460 and Riverside County Road Improvement Standards (Ordinance 461). It is understood that the tentative map correctly shows acceptable centerline profiles, all existing easements, traveled ways, and drainage courses with appropriate O's, and that their omission or unacceptability may require the map to be resubmitted for further consideration. These Ordinances and the followin9 conditions essential parts and a requirement occurring in ONE is as binding as though occurring in all. They are intended to be complementary and to describe the conditions for a complete design of the improvement. All questions regarding the true meaning of the conditions shall be referred to the Road Commissioner's Office. The landdivider shall protect downstream properties from damages caused by alteration of the drainage patterns, i,e., concentration of diversion of flow. Protection sha~.l be provided by constructing adequate drainage facilities including enlarging existing facilities and/ or by securing a drainage easement. All drainage easements shall be shown on the final map and noted as follows: "Drainage Easement - no building, obstructions, or encroachments by land fills are allowed'. The protection shall. be as approved by the Road Department. '2. The landdivider shall accept and properly dispose of all offsite drainage flowing onto or through the site. In the event the Road Commissioner permits the use of streets for drainage purposes, the provisions of Article XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, the subdivider shall provide adequate drainage facilities as approv.~d by the Road Department. TR 24134 - Amend t! Neeek-&,-tgsg - Apr1] 17, lgsg Page 2 Major drainage is involved on this lanidivision and its resolution shall be as approved by the Road Department, Streets "D", "B", and 'J" (south of Street 'E") shall be improved within the dedicated right of way in accordance with County Standard No. 104, Section A. (50'/70', with entry median as approved by the Road Commissioner). 5. The re~ainin9 interior streets shall be improved within the dedicated right of way in accordance with County Standard No. 104, Section A. (40'/60') Street "T" shall be improved within the dedicated right of way in accordance with modified County Standard No. 101 (84'/108'), as approved by the Road Commissioner. 7. Margarita Road shall be improved with concrete curb and gutter located 43 feet from centerline and match up asphalt concrete paving~ reconstruction~ or resurfacing of existing paving as determined by the Road Commissioner within a 55 foot half width dedicated right of way in accordance with County Standard No. 100. Pauba Road shall be improved with concrete curb and gutter located 32 feet from centerline and match up asphalt concrete paving~ reconstruction~ or resurfacin9 of existing paving as determined by the Road Commissioner within a 55 foot half width dedicated ri9ht of way in accordance with County Standard No. 102. Street 'A" shall be improved with 34 feet of asphalt concrete pavement within a 45 foot part width dedicated right of way in accordance with modified County Standard No. 103, Section A. (24'/33', as approved by the Road Commissioner). 10. Street 'P' shall be improved with 34 feet of asphalt concrete pavement within a 45 foot part width dedicated right of way in accordance with County Standard No. 103, Section A. (22'/33') 11. Corner cutbacks in conformance with County Standard No. 805 shall be shown on the final ~ap and offered for dedication. TR 24134- Amend tl Na~ek-6,498g - Apr11 17. 1989 Page 3 12. 13. 14. 15. 16. 17. 19. 20. 21. 23. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Riverside County Road Commissioner. Completion of road improvements does not imply acceptance for main- tenance by County. Standard cul-de-sacs and knuckles and off-set cul-de-sacs shall be constructed throughout the landdivision. Asphaltic emulsion (fog seal) shall be applied not less than fourteen days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section 37, 39 and 94 of the State Standard Specifications. The landdivider will provide left turn lanes on Pauba Road, Streets "A', "P' amd "T# at all interior intersections as approved by the Road Department. The landdivider shall provide utility clearance from Rancho California Water District prior to the recordation of the final map. The maximum .centerline gradient and the minimum centerline radii shall be in conformance with County Standard Jl14 of Ordinance 461. All centerline intersections shall be at 90° with a minimum 50' tangent measured from flow line, or as approved by the Road Commissioner. Concrete sidewalks shall be constructed throughout the landdivision in accordance with County Standard No. 400 and 401 (curb sidewalk). The minimum lot fronta9es along the cul-de-sacs and knuckles shall be 35 feet. All driveways shall conform to the applicable Riverside County Standards and shall be shown on the street improvement plans. A minimum of. four feet of full he19ht curb shall be constructed between driveways. The minimum garage s-'.=back shall be 30 feet measured from the face of curb. Prior to the recordation of the final map, or the granting of a waiver of the final map, the developer shall deposit with the Riverside County Road Department, a cash sum of *As amended at P.C. 4-12-89 T£ Z4134- Amend fl I~ek-&,-~989 - April 17, 1989 Page 4 24. 25. 26. 27. 28. 29. 30. 31. $150.00 l>er lot as mitigation for traffic signal impacts. Should the developer to defer the time of payment, a written agreement may be entered into with the County deferring said l~yment to the time of issuance of a building Permit. Electrical and coennunications trenches shaLL be provided in accordance with Ordinance 451, Standard 817. Lot access shall be restricted on !targafica Road, Pauba Road, Streets 'T' 'A' and 'P' and so noted on the final ~p. Landdivisions creating cut or fill slopes adjacent to the streets shall provide erosion control, sight distance control and slope easements as approved by the Road Department. When blockwalls are required to be constructed on top of slope, a debris retention wall shall be constructed at the street right of way line to prevent silting of sidewalks as approved by the. Road Commissioner. The street design and improvement concept of this project shall be coordinated with Specific Plan No. 219. Street 1tghting shall be required in accordance with Ordinance 460 and 461 throughout the subdivision. The County Service Area (CSA) Administrator determines whether this proposal qualifies under an existing assessment district or not. If not, the land owner shall file an application with LAFCO for annexation into or creation of a 'Lighting Assessment District' in accordance with Governmental Code Section 56000. Street lights shall be installed in accordance with Ordinance 460 and 461 at all intersections of roads constructed or ismproved within the subdivision. The county Service Area {CSA) Administrator determines whether the subdivision is within an existing assessment district. not, the land owner shall file an application with LAFCO for annexation into or creation of a County Service Area in accordance with Governmental Code Section 25210.1. A striping plan is required for aargarita Road, Pauba Road, Streets 'T', 'A' and 'P'. The removal of the existing striping shall be the responsibility of applicant. Traffic signing and striping shall be done by County forces with all incurred costs borne by the applicant. TR Z41'34 - A~end t l ~a~,~#-l~7.tgSg -- Apr11 17, 1989 The following conditions from Specific Plan No. 219 - Vail Meadows shall also apply: All road improvements, unless otherwise noted, shall be constructed to ultimate County Standards in accordance with Ordinance No. 460 and 461 as a requirement of the implementin9 subdivisions for the Specific Plan, subject to approval by the Road Commissioner. The proposed *Gateway Road' is approved, In concept, subject to the submittal and review of design details. Any landscaping within public road rights of way will require approval by the Road Commissioner and assurance of continuing maintenance through the establishment of a landscape maintenance district or similar mechanism as approved by the Road Commissioner. The Rancho Villages Assessment is an integral component the planning for this area. Prior to the recordation of tract maps within this specific plan or any other project located within.the assessment district, the final actions necessary for formation of the district must be completed. Should the district fail, the project proponent shall, prior to the recordation' of any tract maps within the specific plan boundaries, provide for road improvements in accordance with Table XV-Implementation Schedule for On-Site Roadway Improvements and Table XVI-Implementation Schedule for Off- Site Roadway Improvements, as attached. In response to the concerns voiced by Caltrans relative to cumulative impacts indicating the need to implement demand management strategies and/or provide for the development of additional highway corridors, the project proponent has agreed to fund such a study to be conducted under the direction of the Road Department as prescribed by Caltrans. The study is currently in progress. Very truly yours, Coufity of Riverside FROM: RE: RIVERSIDE COUNTY PLANNING DEPT. DATE: &vriI 4.1989 ATTN: Chris Ormsby SAM MARTINEZ, ElqVIRONI~ENTAL HEALTH SPECI~I.IST IV TRA~T MA~ 2&13&, Amendment No. I Environmental Health Services has revteved Amended No. 1. O~r current coments will remain as stated in our letter dated March 20, 1989. $M:tac APR u 5 ~ GLEN. POAM ~IY!:I~I~ CO~ PLKtQ4IK K~iCPT. 4080 Lemon Street A~L'N: Chris Ormsby ~; ~A~ HAP 24134: P~rcels 10, 11, ~2 ~d X3 st Parcel Map 23432 (309 Lo~s) Sen t I emen: I1,1'1111 11040. C.A mile! The Department of Public Health has revieved Tentative Hap He. 24134 and recoumends that: A rarer system shall be installed according to plane and specification as Approved by the vater company and the Health Department." Permanent prints of the plans of the valet system shall be submitted in triplicate, vith a minimum scale not less than one inch equals 300 feet, along vith the original dr&ving to the County Surveyor. The prints shall ahoy the internal pipe diameter, location of valves and fire hydrants; pipe And Joint specifications, And the size of the ma~n at the junction of the hey system to the existing system. The plans shall comply in all respects vtth Dtv. S, Part l, Chapter 7 of the California Health and Safety Code, California Administrative Code, Title 22, Chapter 16, and General Order No. 103 of the Ptlblic Utilities Co-~ission of the State of California, vhen &ppltcLble. Riverside County PliJ~ning Dept. Page Two I(erch 20, 1989 The pllns shill be signed by i registered engineer end w&ter co. piny with the following certific&tion: "I Nap 24134 is accordance with the water explnsion plinl of the Rancho Californii W~ter Diltrict luch Trict Mp. ~il certttici~ion does not constitute mlp it ~y specific qu~tities, flows or pressures for [irs protection or ~y other purpose'. certification shill be signed by a responsible officill of the wirer colp~y. ~is ~pirtlent his I statement froi R~cho Cili~ornil Wirer Diltrict ~greeing to serve dolestic wltlr to etch ~nd every 1o~ in the lubdivision on de~snd providing Ii~ilfiCtOry tinincill Irr~pe~entl ire coiplltid with the lubdivider. It will bs necessary for tin~cill Irr~ge~ents to be lade prior to the recordi~ion of the finil ~tp. ~is ~pirtlent his t stilelent fro~ the ~stern M~iciptl Water Diltrict agreein9 to illov the lubdiviiton syste~ to be codected to the sewers of the Distri~t. isvir lys~is Ihlll bl instilled iccording to pl~l ~d ipecificltions ~1 ~ppr~ed by the Diltrict, the Comfy Sur~yor ~d ~he Health ~p~rt~ent. Percent prints ol the plus of the sewer lyltlS shall be I~itt~ t, trtplicltl. ting with the originll driving. to the Comfy $urYeyOr. ~rintl shill show the internil pipe dislair, 1ociti~ ~oles, colpleti protilil, pipe ~d loin[ Iplciflcitlons ~d the lize of the leVerS it the ~ctt~ of the new lyltem to the existing sys~om. A single pl~t indictting 1ocsti~ of sewer lines ~d viter lines sh~11 be i porti~ of the sew, ge pl~s ~d profiles. Riverside County PlAnning P,ge 3 March 20, 1989 Atari: M~rgo Williams The plane shall be signed by & registered engineer And the sever dietFica vi%h the foilevins certification: "I certify tht the design oF the sever system in Tract accordance vtth t~e sever system expansion plans o; the hstern Hunicipal Dio~ric~ ~d ~ht~ the v~sto diepoet1 wastes ~r~ the proposed tract hp." It viii be necessary for financial arrangements to be completely ;inaltzed prior to recordation of the ;inal map. Sincerely, Services SX:t&c C~ OIr RI'VI, RIIDI: llI3,~AIrI!I~:NT O1~ G'r~l ~ DIYIIICN IrE: SUBDIVISION NO. PAAC~L HAP NO. 140Bl~, T.T., R.V.P.4bq. K PARC~LSIU3TS ZONING 'HAP SOI~W1: T~ COUNTY OF RXVERSID£ DEPAR'I*I~NT OF IEALTH H~IU~ITH APPROVES: 1. DOIG..STIC SE#AGE DI~)OSAL FOR THE IIG}IVlI:I4J.M. LOTS OF THIS SUBDIVISION, PARCEL . c,~,.~,m 'to ~ . /'~ .. ,,O. ~. I I ~-~r~' ,., :,,.s,tn~rnm~n~/~..~.~.~e, ''"] g~rl'lC TAi~C~ WITH: I011.~ IrLk,Sillkl'rY 1T. rr If' leo &KL.. ~ Ig,P'TI¢ 'I'AJ~C ~J:P.,wi: Pl"m wITte a, AL/N. rT. IIMY. a~ vLqrT. rr. Is' D~A. 1, vgw'r. FT. (e' V~x. ) ~ te0 a,~.s. or ~3~TIC: TANC C.~PAC:ITY. De~,Y BL'11:RS |Ill: I1.1 JUlY 2. D01~STIC NATY. R MID IN iRITINa, 'TO ~lBI4 DC~IC MATI~ TO ~ K MRY LOT lITHI# 11~il IUIOIVlSION AS ~ ~ Gl!,Tl:O I-"'J -2. ~.- ~'G (CI,.AI~ ¢o ~ O. O'19'1:W IUIDIVIIIOI'4.) 3." CALIFORNIA REGIONAl.. IfATER QUALITY C~ITROI, BOARD IL~IC~: APPROVAl. GLEN J. NL~AN 2-2A-89 ,1080 l. ln:ola Stm~. ~uite IlL R~,~rlldt. C.~ 925O1 (714) 7~7~ PLANNING DF=PARZI~ENT CHRIS ORMSBY TRACT 24134 - AMERDED I1 With respect to the conditions of approval for the above referenced land division, the Fire Department recommends the following fire protection measures be provided in accordance with P~Lverside County Ordinances and/or recognized fire protection standards: FIRE PROTECTION Schedule "A" fire protection approved standard fire hydrants, (6"x4"x2t") located one at each street intersection and spaced no more than 330 feet apart in any direction, with no portion of any lot frontage more than 165 feet from a hydrant. Hintnun fire flow shall be 1000 GPH for 2 hours duration at 20 PSI. &pplicanc/developer shall fur~tsh one copy of the water system plans co the Fire Department for review. Plans shall conform to fire hydrant types, location and spacing, and, the system shall meet the fire flay requirements. Plans shall be signed/approved by a registered civil ansinear and the local water company with the foilsvim& certification: nI certify thaC the desism of the water system is in accordance with the requirements prescribed by the Riverside County Fire l)eparcuent.w The required water system, including fire hydrants, shall be Inntolled and accepted by the appropriate water agency prior to any combustible building material being placed on an individual _BAZARDOU$ FIRE AREA The land division is located in the ~Hazardous Fire Area" of Riverside County as shove on a map on file with the Clerk of the Board of Supervisors. Any building constructed on lots created by this land division shall comply with the special construction provisions contained in Riverside County Ordinance $&6. road Bediaea to be setback 30 feet from curb line at all intersections. Subject: ~rsc~ 24~3& All buildings shall be constructed with fire retardant roofing material as described in Section 3203 of the Uniform Building Code. Any wood shingles or shakes shall have a Class ~B" rating and shall be approved by the Fire DeparCmen~ prior to installation. NITICATION l~lor to the recordation of the finalBap, the developer shall deposit rich the Riverside County Fire DepartBent, a cash stun offS100.00 per lot/unit as mitigation for fire protection tripacts. Should the developer choose to defer the tine of payment, he/she may enter into a vritten agreement with the County deferring said payment co the time of issuance of the first building pernit. All questions regarding the meaning of conditions shall be referred to the Flannin$ and EnsineerinS staff. RATHOND R. REGIS Chief Fire Department ~lanner Kurt leantveil, Fire Safety Specialist KENNETH ~, E'DWARD~ !~1 M&~KE'"r ITNI'KT P. O, ~C)X TIKLILPNON E (?ld~ RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Artentice: Specific Plan Sec~cn Chris crms~ Ladies and Gentlerram Re: Vest~ Tract: 24~34 a~Tim'xled Hap go. 1 This is a ~ to divide about 82 acres in ~ Rand~ California area. T~e site ~s to the rx~rkh of Higl~ay 79 be~n Margm:ita ~ and Bu~t;rfield Stage l~ced. This projec~ is a ~ of Speci~c Plan 219, Vail Meadows. Th~ ar~a amaists of w~ll d~fined ridges and natural ~tereourses ~d~ieh sit~'s ~ career and traverses tl~ sit~'s nortl~ast p:x-~c~. A storm drain l~,4-os~ by Assesm~nt District 159 ~uld b~ used to c~11ect and c~vey tl~s~ offsit~ tril~A,'y fic~s. Crmit~ fio~s and local offsit~ flows ~uld be 1. This lX~Cim of ~his tract is loca~d within the 1/mi~s of ~he ~urrieta crsek~a Valley Area l:ratrk~e Plan ,~,: which drainage ~nd.nir,:rar_tcn of Area lx~a~age Plans", smeat~ Fetxuary 16, lC~8: stilt be ~ u a c~d~tim of the ~/v~r labor to tee=din9 a cer~ficate of ~l?lt,wce evidmcin9 the ~wr of t~ ~ ."T; A~ tl~ ~ of the land dl~, upm filing a ~t~d af- fixhvit rmquestb~) ~r~rmmt of ~ laymint of fz~, the elf a in age fees my be ~ to tl~ Build/r~ DirecU:= a~ tl~ ~ of issuance tllat .n*r~.l Mtictl r~,~n acti.ve. -( Riverside Cou,~ty l~e~ Vesting Tract 24134 -2- March 27, 1989 ~ Zree of build/z~s and cb~uct/a~". The 10 year storm flo~ shmzld be amta/ned with~ the curb and the 100 year storm flo~ should be cc~t~t,,ed w/thin the street right of way. I/hen either of these cxiteria ia eaeeeded, a~diticz~al C,~-tnage facili- ties should be irmtalled. Dra/nage facili~es ou~lett.~ ~ oa~litic~s ehould be designed to ~mve~ t~e t~ibataz~ 100 year stcem flo~s. 7~klitic~al ~z~er~ es- The properry's street and lot gradir~ should be designed in a manner that perpetuates the existin~ natural dr-i,~_ga pmtterns with respec~ ~ ty o, mers f:~ the release of t.,.,,.~,txatad cr div~x'ted storm flo~. A copy of the 10. Mnz'c:~ 27, 1909 ~ I;11_1 1-eq~Lre t]~ ~ of ~ Cl~ t. Jle _w-~t,~'cs~ce ~ equal to the '~.co~ ,,~z-t.h' of mn~u~ cx~.s f~n the tim of 14. Tt~Ls ~rnp should not be recorded tmt_tl '..he fac~l~'cLes propooed alcn9 Pauba Road by the Assesinherit. Dis~ric~ 159 are under ccnstzucttcm. ~e srsuld be ke~ free of obstructions ~til the ~ dra/n~e IS. C]ues~ci.ms ~ t~s nn~t.e~ my be refe~ed to ~ ~ of ~s o~4ce a~ 714/787-2333. ___ -~- ~ ..... '-:- Administrative Center · 1777 Atlanta Avenue Riverside, CA 92507 February. 7, 1989 Riverside County Planning Department Attention~ Chris Ormsby County tdmintstiative Center 4080 Lemon Street R£ver~'ide. CA 92501 (v) Tract 24134, ~'"~t: I LadLes and Gentlemen~ The Land Use Division of the Department of Building and Safety has the foilowing comments and conditionss Prior to the issuance of building permits, the developer shall obtain Planning Department approval for all on-site and off- site signage advertising the sale of the subdivis~on pursuant .to Section 19.6 of Ordinance 348. Fireplaces may encroach 1~ into required minimum 5~ side yard setback. ' -' Mechanical equipment may not be located in required minimum 5' side yard setback. "Daycare center" shown on exhibit must be removed or a public use case must'be submitted and processed concurrently with tract map. . Very truly yours. Thomas H. Ingram. Director DEPARTMENT OF BUILDING AND SAFETY Norma%]A. IR~stbom. Deputy Dzra~tor Land Use Division t' '~ARTMENT OF TRANSPORTATION Ja~luary 17, 1989 Development Review 08-R/v-79-16.0-17.376 Your Reference T~T 24134 Planning Department Attention Mr. Chris Or. shy County of Riverside 4080 Lemon Street lttverside, CA 92501 Dear Hr. Ormsby: JAN 2 0 S89 RfVERSlDE COUNZY PLANNING DEPARTMENT Thank you for the opportunity to review the proposed Tentative Vesting ~ract 24134 located south of Pauba Road and east of .Hargarita Road'in Rahcho California. o This proposal is somewhat removed from an existing or proposed state highway. Although the traffic and drainage generated by this proposal does not appear to have a significant effect on the State highway system, consideration must be given to the cumulative effect of continued development in this area. Any jeasures necessary to mitigate the cumulative impact of traffic and drainage should be p~ovided prior to or with development of this area. We have no specific comment on this proposal. If add~tional information ks desired, please call Mr. Thomas J. Neville at (714) 383-4384. H. N. LEWANDOWSKI Distric~ Permits Engineer UNITED STATES POST OFFICE TO:. CO)9(ENTSARDRECOMMENDATIONS RIVERSIDE COUNTY PLANNING D~ARTHENT 4080 LE,V, ON ST.w 9th FLOOR I),ZV~RSZDE, CA 92501 FUTURE MODE OF DELIVERY: CENTRALIZED CONTACTWIT]] T~E U.S. POSTAL SERVICE IS REQUIRED BY DEVT. IA)PER/BUILDERPRIORTOCONSTRUCTION FOR DELIVERY TYPEAND.LOCATIOnS. GROWTH MANAGEHENT COORDINATOR Rivetside County Road X)epa£tuent P.O. BeE X090 Rlve£side. CA 92502 Attention: Subdivision Section SUBJECT: Vesting Tentative T=act Map No. 24134 Feb=ua=y 6, 1989 Please be advised that the division of the p£ope£Cy shown on Vesting Tentative TcactMap No. 24~34 will not un£easonabl¥ lnCe=fere with the fees and complete exercise of any e&seuen~(s) held by SouthmEn Califo£nia Edison Company within the boundaries of said vesting tentative react map. This letteE should not be construed as a subordination of the Coupamy's Eights. title and lntecest in and to said easement(s], risc should this leEteE be const£ued as.a waivec st any st the provisions contained in said easement(s) oEa waive~ st any costs 40£ Eelscation of affected acllities. In the event that the developuen~ Eequi=es Eelsca,ion st facil- ities. it any, on the subject p~opeEt¥ by Eight o~ easement oE otheEvise. the ovue~/developeE will be ~equested to bea~ the cosC o4 such Eelscation and poevide ~dlson with suitable EeplacemenC Eights. Such costs and £eplaceuent Eights ace zequi£ed pEiOE tO the pe~oEmance o4 the Eelscation. 14 additional infocharles is Eequtred in connection with the above mentioned subject, ~lease call Dennis C. Bazant at' (213) 4~1-2644. DCB/bJw X6479-XXMPC CC: Robe£t Bain. Milliam FEest &Associates :' ChEis O£msby RiV R:)iD COUntY PLAnnin{; D PARcrrl nc DATE: ~nuary 9, 1989 TO: Assessor Building and Safet..y $urveyor- Dave Duda Road Department Health - Ralph Luchs Fire Protection Flo~d Control District Fish & ~mme U.S. Postal Service - Ruth E. Davidson U.S. Fish & Wildlife Services County Parks Rancho California Water Trans f8 ~outhe~n California Edison S~uthern California Gas General Telephone Elsinore Unt fted 'Schoo1-Ot strt ct ..... Temecula Union School District '--~'~' "~ Coatsstoner B~esson VESTING TRACT 24134 - (Sp Pl) - E.A. 33469 - Bedford Properties - RBF - Rancho California Area - First Supervtsortal District - S. of Paubm, E. of Margarita - SP Zone - 9.2 Acres into 310 lots - Schedule A - No Waiver - (Concurrent Case TR 24132) - Mod 120 - A.P. g23-230.-001 Please revte~ the case described above, along with the attached case map. A Land Dtvtston Committee meettng has been tentatively scheduled for February 6, 1989o If tt clears, tt will then go to publlc heartngo Your coments and recmmendattons are requested prior to February 6, 1989 in order that may include them in the staff report for thts particular case. Should you have mn~ questions regarding thts ltm, plemse do not hesitate to contact Chris Ormby It 787-6356. ~lanner* The Elsinore Union High School District facilities are overc~o~ded and our educational programs seriously tmpected by Increasing student population caused by ne~ residential, cmm~rctal and Industrial construction. Therefore, pursuant to California Government Code Section 53080 of AB 2926 and SB 327, this district levies a fee agatnst all ne~ development projects wtthtn tts boundaries. DATE: 1/18/89 $XrdlATURE PLEASE prtnt name amJ tttle L r~~y Z Supert ntendent 4080 LEMON STREET. gm FLOOR ---*--.'~.,-.e ~m tr:r')l~NIA 9"2501 46-209 OASIS STREET, ROOM 304 INDIO. CALIFORN' ~ .... January 26, 1989 Ded~ V. B~ke~ l~eC~. ~ & Kidmini Riverside County Planning Department 4080 Lemon Street, 9th Floor Riverside, California 92501-3657 Subject: Water Availability Reference: Vesting Tract 24134 Gentlemen: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District. Water service, therefore, would 'be available upon completion of financial arrangements between RCWD and the property owner. Water availability would be contingent upon the property owner signing an Agency. Agreement which assigns water management rights, if any, to RCWD. If you have any questions, please contact Senga Doherty at (714) 676-4101. very truly yours, RANCHO CALIFORNIA WATER DISTRICT Bob Lemons, P.E. Acting Director of Engineering F012/Jkth326£ C A L I F O R N I A W A T E R D I S T R l ....... ~, hn,)nn n'v"?z . ('~l ~7F~4101 . FA~ (714) ~ I NTE Iq' [:~ IIIA IIITM E NTAL LITTER '~"~" ,,":3 U N TY CI F' ~?" R I V E FIEt 11:3 E Chris Or. by, Planner, County Planning Parc Brewer, Assfstsnt Park Planner, County $U~'[CT: Tentatfve Tracts: 2413], 24]32, 24134, 24135, 24136, 24137 Vat1 paadovs SP 219/[lR 235 The Riverside County Par~s Department appreciates the opportunity to revtew the above referenced and offers the following colBents: Parks and Recreations The Developeast of the proposed tracts vtll have ntntml t~pact on extsttng ragtonal park facilities. The County Parks Department also has a county-vide recre&tton tratl system. As tndfcated by thts department's response to S.P. 219/EIR 235, #ay 25, 1988 and the P1anntng Department's conditions of approval October 4, 1988, the daYeloper ~ls to provtde recreation trltls along the sou~h side of the Pauba Road rtght-of-~ly end &long the north stde o¢ the De Porto1& Road right-of-ray. The latter ts to crcss De Portola Roid at the devmlopment's ~estern ~ost boundary, follov the boundary due south and extt the sfte tnto prtvate property to the wst. Tentative tracts Z4132 and 24134 vtll t~pact the Paut~ Road recreation trill and tenter;re tracts 24136 ~nd 24137 M~11 IBp~ct De Portola Road Trat1. The above mentioned tracts B~e no reference to tratls or trat1 ease~nts. The Parks DepartBent ~111 'requfre these tretl locations to be shorn on all tract raps and that they be graded tn an acceptable manHr. The Parks Department also requests that tt be listed as c]eirance agency for maps and grading plannings delltag vtth thts project. Cultural and Htstortc Resources _)antafire lract Z4131, 24132, z4134o 24135: Cond?tfonal approval Is granted for T.T. 24131, 24132, 24134, end 2413S vlth regard to Cultural and Historic Resources only. Conditions for Approval: Should any prehistoric or hlstortc resources be discovered or uncovered durtng the gradtrig process, a11 vor~ tn that area vt11 cease until the resource ts evaluated by an archaeo]ogtst, or historian and litigation ts determined and approved by the Htstory Dtvlston of the Riverside County Parks DepartBent and the Archaeological Research Unit, UniversIV of California, Riverside. Tentative Tract Z4136: Condltlona] Ipprova] ts granted for T.T. Z4135. Conditions for A~proval: At the time of the <gnmnt of De Portola Road the htstorJc resource Rtv-3390-H vas not knovn. This site vas found as i result of the History Otvtston's ortgtnal mitigation for conditional approval of the EXR f219 (May ZS 1988). Although Rtv-3390-H ts located south and east o~ T.T.Z4136, the reallgnnent of De Portola Road ~ust be resolved before final approval of this T.T.Z4136 ts given by the History Division. Tentative Tract 24137: Conditional Approval ts granted for T.T.~4137. Conditions for Approval: Street 'A", vhtch cuts south and east off De Portola Road, should not be cut 'or 9raded, etc., untt1 ~tttgatton data 1actton ts toeplated for Rtv-1728, Rfv-17Zg and Rtv 3391-H. T~ wt(1~1 all of these road tmpact three sttes at present. A~y ~ork tn T.T.Z4137 must &votd parcel 16 and Rlv-1728 until &11 archaeological york ts coepleted tn that area. The use anj~here south of De Portola Road must be avoided until ~1 heavy equtlment 1 archaeological york ts coapleted and protective masures are taken to ensure the safety and future existence of the cultural and hJstortc resources In that area. Protective Baasurea should consist of fenctng around Rtv-33gO-H, betng sure not to alloy fenctng to Impact the atto. All Bovable surface hlstortc resources south of De Porto1& Road should be photographed, recorded and mpped, after vhtch, they m~y be Boved vtthln the fenced Irel It Rtvo3390-H. Hovevet, the project &rchMologtst must direct and supervise the muvment and placement of these resources to Rtv-3390-H to Bike Sure thatr placeBent vtll not tmpect the sfto. Although T.T.Z4137 ts i~st of Rtv-3390-H, the re&11gment of De Portola Road must be resolved and the above conditions met before final approval ts granted to the Htstor7 DtvJstoe. m/xx/o376s INTI R-DI laARTMI NTAL LITTI R COUNTY OF RIVERSIDE PLANNING DEPARTI~NT TO: FR~: RE: Chrts Ormshy -Spectftc Plans Steven A. ICupferman - Engineering Geologist ~ ~ Tentative Tract 24134 Slope Stability Report No. 96 The following reports have been revte~ed relattve to slope stability at the subject stte: 1) "Slope Stability Analysts, Tentative Tract 24134, i/astern portion of the ~eado~s at Rancho C.allfornta, CA," by Converse Consultants, dated Dec~nber 30 1988. 2) 'Geotechntcal ZnvestIgatton, Tentative Tract 24134, Planning Area 18,33 and 34, Portton of the Heado~s, Rancho California, CA,' by Converse Consultants, dated danuary 17, 1989. Thts report dete~ntned that: 1. All slopes proposed for the subject tract at or below a height of 35 feet wtll be grossly stable. 2. Both cut and f111 slopes have a high potential for eKoston of sandy mtertals and resultant surftctal Instability. · 3. Lo~ strength parameter~ extsts for claystones and siltstones. 4. 'A surftctal landslide depostt and posstble surftctal landslide depostt vere observed durtng the stte Investigation. Both features are located tn proposed cut areu and ~11 be completely removed durtmj tract gredtng. This report rectumended that: 1. Geologtc Inspection of all cut slopes should be constructed durtng gredlng. 2. Buttress f111s m~, be requtred for cut slopes ~tth adverse mtertals or conditions. Proposed slopes at the stte should be planted soon after const~ctlon and wtll requtre maintenance to perfom tn · satJsfactory manner through ttme. Tentative Tract Z4~34 I~rch 16, 1989 4. The extsttng landsl?des should be completel~ excavated, and the excavation should extend tnto f~rm and unyielding bedrock. for new ftll support. Geologic observation of the exc&vattons should be conducted durtng gr&dlng. These ~eports s&ttsf~ the General Plan requirements for · slope stability report. The reconmmndattons In this ~eport shall be adhered to tn the destgn and cofistructton of this pro3ect. SAK:&I RIVERSIDE COUNTY PLANNING DEPARTHENT NEGATIVE DECLARATION AND NOTICE OF DLrTEI~ZNATION NEGATIVE DECLARAT ION Based on the Init1·1 Study, tt has been determined that the proposed project will not have a significant envtroa~ental effect. PRO~ECT DESCRIP. TION AND LOCATION: Roger S. Streeter, Planning Director CONPLETED D~te Appl/Rep ~-'~4/. /~r ~7',~,~ ' Oevelopable Lots Oev. Ac Oate Submitted L:'ff-fq ~/~ Open Space Lots O.Sp. Ac Existing Zones ~J~ Changes of Proposed Zones Only Zontng Acreage AOOPTED r3Board of Supervisors }-~r~anntng Commission Area Planning Council C) lr~Entng Director (Other) HEARING BODY OR OFFICER · ~, rd of Supervisors lanntng Commission C) Area Planning Counct1 "C) PT~ning 01rector C) (Other) NOTICE OF DETER!qINATION ACTION ON PRO~ECT ~'~Approval OatOe Disapproval _ Oevelopable Lots 911 Oev.Ac Open Space Lots ~ O.Sp. Ac Changes of ~pproved Zones Only zones Acreage ' The project wtll not have a significant effect on the environment and ·Negattve Oeclaratton has been adopted and may be examlnedAt the ?annlng Title ~,~' ~ R]VERS]DE CO~TY P~XNG DEPAR~ 080 LEMON STREET, gTH FLOOR R/VERSIDE, CA 92501 2~d C~-j,- Caae rLle qiVE DiDE COunc¥ -PLanninG DEP RCIilEnr ENVIRO~~ A~E~ENT FORM: STANDARD EVALUATION ~%/~l~14d~UaL 9q~_~S~MEHT ~.JL) NUMBE~ 33469 ~ ~ ~) ~ ~1~ Vesting Tract No. 24134 ~ ~ B~ford P~perties ~ ~~ ~ ~ Chris O~sby, Planner L ~GT ~ NUMBEP4&~ 120 ~ ~mnc~ ~,~;mm~ ~ la~ ~ mm~ ~ ms ~) The Droposal will subdivide 91 acres into 310 lots, including a 25 acre day care center. A water utility easenmnt runs across the Northwestern corner of the site. ~ l~aL PgC~CT ARF~ ~.J~ES 91.2 ~ ASSFSSOR~ PAR~ NO4m) 923-230-001 F. ~ RF.F~g~'~: The ~ite t~ Plan No. 219 (The Meadows). The Marqartta Rd. $; ~THEPR~INCONFORMANCE? ¥e~ Nn ch~. prn~n~.d IS THElI~IOPOSALINCONFORMANCE?__ lnratpd in the Nnrthwe~tern cnrner Df ~n,cifir location is South of Pauba Rd., and East of ~ECTION. 10~A~ISHIP. RAN(~DLq4~ONORATrACHALEQALDESGFUPTION: Township 8S, Range 25/ BI~FOE.RG~qIONOFIHEEx~K) DIVI~:~W~TALSETI1NGOF1~PROd~GT~ITEA~i)ITSSURROUNO~ The site is characterized by gentle and steep rolling hills. The site is complex., ¥arant GENERAL IR.AN OPEN I~I~ACE AND CONSERVATION DESIGNATION IK Bind D on~V~ ~ '~. ENYIROHMENTAL HAZARDS AND RESOURCFJ A88ESSMFNT HAZARDS 7N_L 4~ 8 PS U R P. ccSc~ t~rd ~ ~) 11-N ~ u n pqg. vtJ) NA A B C D (l:~g, Vl.11) l&, N I:~:~ctGenerltedNc~AJ1ect~g NoM ~ Uses (l~g. Vt.11) ~?.. ¥~ Nc~eSer~U~Pmiect~.V~) 18...,Y, AJrQuafitylml:~'tsFmmPmlect 19. U 21., !~ 22. ,N 23., N 24.__ 25. ~ Fkl Area ~lg. VI,30 · Vt31) 27.~... In m NMr mA~r~ Pm~ RESOURCES VI.4S) (F~a.~-~ &~-~) Ida)) Definitions for Land Use Suitability and Noise Acceptability Ratings U - ~ t~dua,~, R - r~Btl~f~d X - Genem~ Accez:~at~ .... "" ,---,-~ *----~ C - GeneraJty ~le D - Land Use Dia~cxnaged d 1. C)PEN~PA~AJ~~ATI~k~DESIGNAllON(m): Adopted Specific Plan No. & LANDU~I~ARF.~ Southwest Territory Land Use Planninq Area d, C:)MBdkNTt'PCtJCYAREA, IFANY: llt. Palomar 0bservatorv Str~,t l(.~htinf) & ~~p~irANVt. Southwest Area Plan (under study) 219 ?. ~Utw~OF_pC~p4rFECT~PROp~ The policies affecting thP pro(ect are contalneo In Specific Plan No. 219. The proposed mitigation is described in EIR No~ 235. Issues of particular significance concerned the provision of public services, especially with regard to providing schools, sewer system. and flnod rontrol facilities. PUBUC FACILmES AND SERVICES I_Y 10.N... ~ Trails (F',O. IV.19- IV.24/ P#v. C~ 800 Scale EqueslTian Tr~ Maps) 11..Y._ Ulltlil (Iqg. IV25 - IV.26) I. bmdn (Flo. IV.l?. ~.le) ~ brwk:m ~ IV.l? - IV. le) ~. mw4m,~ I~ ~ t~ ~ pc4ic~mm ~ I~ !~ I~l::!~, meal ~ ]he kdb.v~: ~ 1. ~lniml~Mm~mntmmrd~m~dm~)ndm~): Adopted Specific Plan No. 219 _. ; BoMd m M Inf!~ study. k t,e ~..~: ~'"' cor t~k~t with ff~e ~ Incl dUigrmUcw~ cd 1tin m~;,~dte ~ Midi- ,jl~_ eor[%~ ,I ~ It~ P~momMnsA~ Geno~ PI~? lnel,~ Yes 1. Land urns ca~q~f~} n~ce~.'y ID lup(x~ li p,c~:.sd ~ AI.o i~licate laM kne type & · D.1 ~ Imm D.2. wm Ihe ~ be mothrod it Ih. ~s,4~ci~.,.m.4 I~Oe? ~: In~.W ~ m,t ~ ~ adudy, k~ ~ Ixc;.=i~ ~m~tl~t with not, mk,'encl I~ 5Ktlonm'ad ~ NumbM ~ ~ ~ kx,~3, t%tm,~im, _t 4, lir ~ Irdc)m~Uon il mquimd before the envVonmentjl ~mMa.mT4~t can be completed. refer to & If iddiUonld Bhlets m'~ neet:Sod 1o ~ Ihl~ 14cl):ff~ check h box I~ the end of the lectk~ ~d attach h nl~lletry lheet~ WNO. III8.3 8OURCE$,AGENCIESCONSULTED, FINDINOSOFFACT, MITIQATION MEASURES: The General Plan designation for land use suitability pertaining to g~)undsh)~4ng 45 ~,m(f.hlp Pntpnft~l (nq~rf~ r,n h~ m(t(gatpd tn an acceptable level throuqh conformance with the Uniform Building Code and County ordinances. 1IIB.4.8 Potential siqnificant impacts related to slopes and erosion includes the visual appearance of permanently altered land forms, severe erosion of unDrotdlcted slooes and possible slope instability. The potential impsr.~ pertaining to visual appearance is mitigated by Development Standards outlined in Section ILIA.6 of S~ctftc Plan No. 219. The potential for,_ erosion is being studied in a slope stability study and the developmev,;' of alleeiftc r~ouirements for alluvtal~colluvtal removal at the tract staqe. Temporary groundcover will be provided to prevent erosion during the IIIB.17 construction oha~e as indicated in FIR No. 235. P~tential noise impacts will be determined by noise studies to be t-nndfJ~t~d alnng rn~dw,,t~,~. Hitt0at(on will include hetqht of atteq~ion wall and any other recon~nended by the noise study. Monitoring and _,. V. liFOFIMATION IOURCE8, ~ OF FACT AND MITIGATION M~ES (oontlnu~cl) IIIB. 18 IIIB.26 11-15 ~OURC~AOE!dCNES(~DNS~A3~,FINDnd~SO4~FA~'r, MlllGAllONMEASURES: A state~nt of overridinq findings was adopted by the Board of Supervisors for c~lative effects on air quality which cannot be fully mitigated. Although a s~ll portion of the Site has soils suitable for agriculture based on the General Plan, it was dete~ined in EIR No. 235 that there would be no significant i~act due to the loss of agricultural land. Th~ ~i+~ t~ within th~ historic ran~e of th~ St~oh~ns' ~n~aroo Rat. A biological report prepared for lhe ~adws Specific Plan (SP 219) indicated that n~n~ nf th~ ~ri~ w~rP 1Orat~ on th~ ~tt~ nf th~ tract. Therefore. no mitiqation was required. Th~ i~s,)~ h~ve h~n ditr.~t~d mnd ~ddr~q~pd in ~rifir Plmn Nn. 719. Corres~ondinq environ~ntal review is thoroughly discussed in EIR ~1o. 235. Impacts have be~n ~duced to an acceptable level. VI. ~NVIRONMZI~AL liNPACT DETERMINATION: N.m~. -~' r~,~. aanuary /~.~._!:' ' ~ by Chris Orn~by /7L CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT FINAL VESTING TRACT MAP NO. 24134-F DATE March 28, 1991 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Streets and Drainaqe $ 515,000.00 $ 257,500.00 Water $ 128,000.00 $ 64,000.00 Sewer $ 130,000.00 $ 65,000.00 TOTAL $ 773,000.00 $ 386,500.00 *Maintenance Retention (10% for one year) *(or Bonds if work is completed) $ 77,300.00 Monument Security City Traffic Signing and Striping Costs RCFC Drainage Fee Due Signalization Mitigation Fee - SMD # Road and Bridge Benefit Fee Other Developer Fees $ 24,000.00 $ -0- $ -0- $ 12,000.00 $ -0- $ -0- Plan Check Fee Due Inspection Fee Due Monument Inspection Fee Fee Paid To Date (Credit) Total Inspection/Plan Check Fees Due 20,118.13 25,477.73 768.63 46,364.49 --0- A:TM24134-F ITEM NO. 8 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Engineering Department ~ May 14, 1991 Final Vesting Tract Map No. 24135-1 PREPARED BY: Douglas M. Stewart RECOMMENDATION: That the City Council approve Final Vesting Tract Map No. 24135-1 subject to the Conditions of Approval. DISCUSSION: Tract No. 24135 was originally submitted to Riverside County Planning Department on January 3, 1989. The Tentative Vesting Tract Map was approved by the Board of Supervisors on May 23, 1989. Final Vesting Tract No. 24135-1 contains 94 lots residential lots within 28.71 gross acres. The tract is located on the Northeast corner of Margarita Rd. and Pio Pico Road. This tract is part of The Meadows Specific Plan (SP 219) and Development Agreement No. 4. The applicant is Bedford Properties. The following fees have been paid or deferred for Final Vesting Tract Map No. 24135-1: Signal Mitigation Fee (Deferred to Building Permits) Fire Mitigation Fee (Deferred to Building Permits) Stepben's K-Rat Fee (Paid) $14,100.00 37,600.00 55,984.50 A: 24135-1. FTM 1 Requirement of Quimby fees (Park Fees) is not listed in the County of Riverside Conditions of Approval for Final Vesting Tract Map No. 24135-1, however, past City actions have determined that clauses within a development agreement provide latitude to require park fees. Staff is recommending adoption of a condition requiring payment of Quimby fees. This is not considered a new condition, but a clarification of existing requirements. The following bonds have been posted for Final Vesting Tract Map No. 24135-1: Faithful Labor and Performance Material Street and Drainage Water Sewer Survey Monuments $978,500.00 132,000.00 197,500.00 $35,500.00 $489,500.00 66,000.00 99,000.00 FISCAL IMPACT: Not Determined. SUMMARY: Staff recommends that the City Council APPROVE Final Vesting Tract Map No. 24135- 1 subject to the Conditions of Approval and the following condition: The Quimby fee shall be paid as required by the City of Temecula Community Services Department. BY:ks Attachments: 1. Development Checklist 2. Location Map 3. Copy of Map Conditions of Approval 5, Fees & Securities Report A: 24135-1.FTM 2 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST Final Vestin.q Tract Map No. 2#135-1 The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan (K-Rat) Parks and Recreation ( Quimby ) Public Facility ( Traffic Mitigation ) Public Facility (Traffic Signal Mitigation ) Public Facility ( Library ) Fire Protection Flood Control (ADP) Condition of Approval Condition No. 26.b. Not Conditioned, See Staff Report N/A See Road Department Letter Dated 4/17/89, Item 22 N/A See Fire Department Letter Dated 2/24/89 Condition No. 14 A:24135-1.FTM TURF ViC..INIT'Y' /k/~ AP- -/"'r'4AC. T ~. 2..qI.B~- I (No~- % .So:m) i;i ' &&& & & &&&&&& & & & DATE: dune 8, 1989 COUI1CY PLAnnin D PA:IC IIC TO: Surveyor Road Bulldtng i Safety Flood Control Hea 1 th Fire Protection TENTATIVE VESTING TRACT I(~P NO. 24135 Rmd. 1 SPECIFIC PLANS TEAH The 'Riverside County Board of Superv$sors has taken the following actton on the above referenced tentative vesting map: _L._APPROVED tentative map subject to the attached conditions (no watver request setmitred). ,, DERIEDtentatJve mp based on the attached findings. APPROVED tentative ~ap subject to attached conditions and DENIED request for ~aJver of the ftnal JLoPROVED tentative map end APPROVED request for waiver of the ftnal map. .__.APPROVED Extension of Time to previously approved conditions. ~PPROVED Extension of Ttme '-'-previously approved conditions. to subject to subject to I~!U£D Extension of Time A~rRg.v, Eo qdthdrawal of tentative map. / APP,~OVED Illnor Change to revise originally --'- (~.ttache4). ~JiZED request for lqtnor Change. / ._~_ APPROfi3) #thor Change to watve the ftnal map. approved conditions as Ver~ truly yours, RIVERSIDE COUNTt Ron Goldman - Principal Planner r'OAD DEPARTMENT shown 4080 LEMON STREET, 9/'H FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787-6181 46-209 OASIS STREET INDIO, CALIFOF (61 ~'~.,~ =~'~ ~l~ ~: May 15, 1989 ~ICT:~~'TNO. 241312~d. No. i -%~b'fING TRACT. NO 24132 ~md. No. 2 - NESTING ~ACT NO. 24133;~d. NO I -!~TING ~RACTNO. 24134;~d. No. I -%~fING~RACTNO. 24135 /~d. No. 1 - NTLTING ~ACT NO. 24136~md. NO. I -VESTINGTRACTNO. 24137 /~d. No. 1 - Bedford Properties - Supervisorial District I - Rancho CalifozniaAr~a- 698.1/%cres2,519 lots -Sc~eduleA-SPZon/ng PJ~CEIVE AbD FILE the abov~ mentioned case acted o~ by the Planning C~,,~.(ssion o~ April 12, 1989. ~E PIA~ING OiM4ISSI(I~: ADOFTED ~he Negati~ Declaration for En~tal Assessment Nos. 33433, 33470, 33383, 33469, 33434, 33413, and 33414 based o~ the findings incorporated in the en~tal assesm~ent and the oo~clusio~ that the proposed project will not hav~ & significant effect on the en~t; and RSS: CO: gs · i 11A VT NO'S 24131, 24132 24133, 24134, 24135, 24136 24137 April 19, 1989 Page 2 APPROVED VESTING T~T~tTIVE TR~LT NO 24131 /~d. No. 1, subject to the attached conditions and based on the findings and ~¢lusions .inoorporated /n the Plannihg C~,,~.~ssio~ minutes ~ated April 12, 1989; and, APPBOV~D VESTING T~T~tT~ TRACT NO. 24132 Amd. No. 1, subject to the attached conditions and based on the find/rigs and conclusions incorporated in the Planning C~,,,.{ssic~ minutes dated April 12, 1989; and, APPBfI~D VE~TING T~r~%T~ TRACT NO. 24133 ~md. No. 2, subject to the attached conditions and based o~ the findin. gs~ and conclusions incorporated in the Planning C~....~ssion minutes dated April 12, 1989; and, APPBOV~D VESTING TE]F/]tTIVE TRACT NO. 24134 7~d NO. 1 subject to the attached c~lditions and based on the find/rigs and conclusions incorporated in the Planning C~.,,.~ssion minutes dated April 12, 1989; and, APPROVED %TSTING T~T~tTIVE TRACT NO. 24135 7~d No. 1, subject to the attached cu~/itic~s and based on the findings and oc~clusions incorporated in the Planning (k~,~issic~ m/nutes dated April 12, 1989; and, APPBfT~D VF~TING ~ TRACT NO. 24136 /~d No. 1, subject to the attached oonditio~s and based (al the find/ngs and conclusions incorporated in the Planning Ommissi~ minutes ~ated April 12, 1989; and, APPBOV~D NESTING ~ TR~LT NO. 24137/%rid. No. 1, subject to the attached omdi~ and based on ~he findings and cc,=lusions inonzporated in the P!,nning C~/ss£on -~utes ~ated April 12, 1989. RIVERSIDE COUNTY PLANNZNG COMMISSION MINUTES APRIL 12, lgSg (AGENDA ITEM 5-4 - Reel 1025, Side I and 2 - Tapes No. 3A, '3B, 4A) VESTING TRACT I~P NO. 24131 - EA 33433 - Bedford Properties - Rancho California Area - First Supervisortel District - easterly of ~rgarita Rd, southerly of Pauba Rd - 441 lots - 105.4t acres - SP Zone - Schedule A with VESTING TRACT MAP NO. 24132 - EA 33470 - 223 lots - 90.2t acres - SP Zone - Schedule A and VESTING TRACT I~ NO. 24133 - EA 333B3 - 693 lots - 163.7t acres - SP Zone - Schedule A and VESTING TRACT MAP NO. 24134 - EA 33469 - 310 lots - 91.2t acres - SP Zone - ~chedule A and VESTING TRACT ~ NO. 24135 - EA 33434 - 325 lots - 83.5t acres - SP Zone - Schedule A and VESTING TRACT MAP NO. 24136 - EA 33413 - 400 lots - g~.Bt acres - SP Zone - Schedule A and VESTING TRACT MAP NO. 24137 - EA 33414 - 147 lots - 64.3~ acres - SP Zone - Schedule A Hearings were opened at 3:30 p.m. and were closed at 4:19 p.m. STAFF RECOMMENDATION: Adoption of the Negative Declaration for EA Nos. 33433, 33470, 33383, 33469, 33434, 33413, and 33414 and approval of Testing Tentative Tract Nos. 24131 Amended No. 1, 24132 Amended No. 2, 24133 Amended No. 1, 24134 Amended No. 1, 24135 Amended No. 1, 24136 Amended No. 1, and 24137 Amended No. 1 based on the findings end conclusions listed in the staff report. Staff advised that the vesting tracts are to implement the western portion of The Meadows Specific Plan (5P 219), which is located east of Margarita Road, west of Butterfield Stage Road, north of Highway 79 and south of Pauba Road. The proposal is to subdivide approximately 698.1 acres into 2,529 residential lots and 100 open space lots/school sites. Zoning on site is SP. Surrounding zoning is SP, R-R, R-A, R-a-2~, R-A-5, A-1-10 and C-P-S. The site consists of rolltrig terrain except for the southern portion which is flat, and is vacant with the exception of a portion of Vesting Tract 24137, which has some percolatton ponds. The site had been used for dry famtng where topography pemttted. The site is located near other adopted Specific Plans such as Vail Ranch (SP 223) and Redhawk (SP 217) to the south, as well as approved tracts to the east. The proposed development conforms with the residential densities and design standards of the specific plan. Vesting Tract 24131 wtll divide 105.4 acres tnto 440 single famtly lots, with 13 open space lots, and was amended for a minor redesign of the tract to facilitate circulation. Vesting Tract 24132, Amended No. 2 proposes to divide 30.2 acres into 214 single family lots wtth 11 open space lots Including an elementary and Junior high school site. The issue of slope stability was a concern of all the tracts and was reviewed by the County Geologist. Vesting Tract 24133 proposes to divide 163.7 acres into 693 stngle famtly lots and 23 open space lots and has an extensive paseo system ~htch links to an active recreation area. The Fire Department was concerned about Internal* circulation end worked to avoid cutting through the pasco area. The cross sectlbns of the greenbelt/paseo area is on file. Vesting Tract 24134 roposes to divide 91.2 acres into 311 stngle famtly lots and 19 open space ors, which tncluded a 2.$ acre lot for a day care center. Vesting Tract Map 24135 proposes to divide 83.5 acres into 325 stngle famtly lots and 19 open space lots. Vesting Tract Map 24136 proposes to divide 99.8 acres into 400 41 RIVERSIDE COUNTY PLANNING COI~]SS~ON IN~NUT£S APRIL 12, 1989 stngle famtly lots and 8 open space lots. There ts a htstortc stte on thts and on Tract 24137 and a letter on thts stte was Incorporated wtthtn the staff report. A11 concerns have been resolved. Tract 24137 proposes to dtvtde 64.3 acres tnto 146 stngle famtly lots, a 9.1 acre commercial lot and 7 open space lots. A liquefaction study ms prepared for thts tract and was revtewed by the County $eologtst to hts satisfaction. Staff modtfled the conditions of approval as follows: Condttton'$8-e for Tracts 24133, 24134, 24135 and 24137: 'Trash btns, loadtrig areas and Incidental storage areas located tn recreation areas shall be located away and vtsual]y screened from surrounding areas wtth the use of block walls and landscaping," Condition 18-f amended to read "bike access to recreation areas." Condition 21 to be replaced by standard language for the property owners association maintaining the common areas rather than the strict CSA requirements. Condition 26-a shall be deleted stnce none of the tract areas are in the study area for the Stephens ~ngaroo Rat or within the known occupied habitat. Condition 26-c should be modified to read: Prior to issuance of buildin; rather than grading pemtts. Condition 29 should be added to all the tracts, referring to the CEQA monitoring of the mitigation measures. Con~ntsstoner Beadling said that there is 100 acres either for schools or open space. She asked if they took the school sites out, how much open space would they have. Staff advised that there are 243 acres devoted to recreation and o~n space outside of the school sites. Commissioner Beadling asked whether there was a provision for a clubhouse, and staff advised that there are plans for recreation centers within the plan. Staff will receive plot plans for the open space areas. Lee Johnson, Road Department, advised that item No. 4 for Tract 24133 should be amended to read4_.~/66 instead of 44/66. TESTIIONY OF PROPONENT: Mike Rymn, Bedford Properties, 27405 Ynez Road, Rancho Caltfomta, said that they concur with the staff report and all conditions of approval except for one. He said*that the condition appears tn all the trlcts. They would like added to item 16 of the Road Department letter dated I~rch 7, 1989 'or as approved by the Road Commissioner.' Mr. Johnson concurred with that proposed amendment. 42 RIVERSIDE COUNTY PLANNING COI~g4ISSION MINUTES APRIL 12, 1989 TESTXMONY OF OPPONENTS: Felix Probandt, P. O.Box 1150, Temecula, said that all his con~nents related to the issue of wastewater disposal, in particular, the Eastern Municipal Water District/Rancho California Water Reclamation Facility (hereafter called the Eastern Sewer Plant). He had his assistant present a series of transparencies which Mr. Probandt used to illustrate his points. His residence is located at 43789 Rendova Place. Mr. Probandt said that the transparencies are generally of documents-Oat the Commissioners have already received, and. he emphasized the information found in those documents. Mr. Probandt said that the conditions of approval include a condition that the environmental assessment shall utilize the evaluation of impacts addressed in the EIR prepared 'for Specific Plan No. 219. Under 'impacts' the information was provided that the project will generate approximately 1.81 million gallons per day average peak dry weather sewage flow, and that the peak dry weather sewage flow is estimated to be 3.08 million gallons per day to be treated by the Eastern Sewage Plant. Another document states that the site lies within the Jurisdictions of the Rancho California Water District and the Eastern Municipal Water District. He said that Eastern, not Rancho, will provide sewer service. The San $3 letter has remarks which state that prior to the first LDC, the attached requested information is to be introduced to the E.H.S. The Health letter dated August 9, lgBB to the Rancho California Water District discussed the 'will service' letter. He noted that a typical response to a Health Department letter was 'yes' to the question of whether there was adequate capacity. Eastern Municipal Water Distrtct's response to a 'will serve' letter has a statement that 'service might be precluded by the San Diego Region Water Quality Control Board.' A second copy of a San 53 has the statement that sewer may require off site sewer facilities subject to the treatment plant capacity of the San Diego Regional Water Quality Control Board. The San Diego Water Board's Order No. 88-94 had to do with discharge specifications and certain difficulties Eastern was experiencing in discharging which was in violation of the 'basin plan' as well as capacity. Order No. 88-101 was issued for a time schedule for the Eastern Municipal Water District to rectify the problems. He said because of the agreement with Camp Pendleton and the Rancho District, Eastern ts being allowed three years to work out the violations, but they can only go to three million a day, and in order to be able to discharge three million gallons, they nust comply with certain report dates for the next three years. The report concludes that Eastern shall submit to the Ragtonal Board on or before each compliance date a Report of Compliance or Noncompliance with each task. The last page was a table whtch Indicated that the tracts average peak sewage flow comes to 0.788million gallons a day (MGD). He potnted out that water ts Introduced to thts flow to dtlute it. The monthly report)bows an average of 2.260 mt111on gallons by the end of February, with a maxtmum of 2.423 MGD. He satd that under the present operating status of the Eastern Water District, there is no reasonable assurance that Eastern wtll be able to treat and discharge the wastewater flows coming out of the subject tracts for which environmental assessments are in question. 43 RZVERSIDE COUNTY PLAtINING CONMISSION HINUTES APRIL 12, 1989 Nr. Probandt satd that EZR 235 for SP 219 ~as defective because Information that could not have been known at the ttme of the EIR was certified as complete. The San Dtego Regtona1 Board Orders and the actton by the Rancho California Board and the ~rtnes all took place subsequent to the October 1988 Board of Supervisors approval of the subject EIR. No negattve declaration can be tssued because there extsts substantial evtdence that each project or tract tn questton my have a significant effect on the environment. The revte~ ocess presented was tn violation of due process and that the pertinent agency the Department of Health) dtd not follow 1rs otm rules tn the approval process. Commissioner Beadltng satd that ~hat was basically betng satd ts that the plant ts at capactty no~ and thts project cannot be Included. Hr. Probandt satd that Eastern ts tn violation of the bastn plan. The ~ater code of the State of California has a 11st of rules*~htch allo~s any member of the publtc to protest an order of the Board. One of the procedures was to protest to the State Water Resources Board. He satd that by the ttme thts project ts butlt, he dtdn't belteve that he can be assured that the project ~t11 not be tn violation of the 3 HGD. Comntsstoner Beadltng asked whose responsibility thts ts. Mr. Vtckers satd that Eastern Indicated that they had the capactty and ~ould serve these tracts. Comtsstoner Beadltng noted that frommhat Hr. Probandt ts saytng, Eastern cannot provtde the capacity. Hr. Vlckers satd that that statement could be subject to a dtspute by Eastern. They cannot stt-tn Judgment of ~hether or not Eastern ts or ts not tn violation. That tssue ~ould have to be heard tn San Dtego before the Water Qualtty Control Board down there. ghat the developer has ts a letter from Eastern Huntctpal saytng that there ts capacity, Mr. Vtckers advtsed that they should not be substituting thetr Judgment for either Eastern or the Water Qualtty Control Board over ~hether or not there ts capacity. Commissioner Purvtance satd that he dtd not belteve that thts Nas tn the purvtew of the Comfitssion, to check whether there are proper assurances from the'proper agencies. However, tf the San Dtego P~QCB say that Eastern ts persisting tn violating the hastn plan, tt ~ould seem as tf the k~CB has the power to tssue a cease and destst order Nhtch Nould prohtbtt them from alloyring more hookups or ~hetever other actton they choose to take. Coemtsstoner Bresson satd that there ts a ~11o Roos tn that area, but he dtd not knw tf part of that dtstrtct ms for the development of a sewage plant. He felt that Eastern has a obligation ~hen they tn*ote thetr letter saytng that they have capacJty, ahd the Com~Jss~on has to coastder that Eastern wtll do tt. %f Eastern gets additional capacity, there ~s no problem; Jf not, then Eastern end the developer ~111 have ~ problem. The Commission has to go by ~hat docmentatton ts gtven them. Hr. Probandt satd that he ms allegtng that the developer c~nnot get capactty because of Eastern's o~n statements. He satd that ~hat he ~as trytng to sho~ RIVERSIDE COUNTY PLANNING COI~ISSXON NINUTES APRZL 12, 1989 with the transparencies of the documents ts that the statement from the Health Oepartment has a 'yes" check for capacity, but that does not mean an~hlng. What does mean something ts the letter Eastern sent dated 12-19-88 which states that "servtce might be precluded by IGIQCB-SO.' Mr. Prohendr satd that If this project develoRs further, Eastern 411 testtffh~hat this is not a binding coneltment, and ts not a contract to serve. point he ts saying ts that the developer cannot get a negative declaration if there exists substantial evidence that the project, tn thts case the tracts, wtll have a significant environmental impact. Therefore, he was presenting the Information tn that context. Mr. Vtckers asked tf sewage was a part of Spectfic Plan 219 and EZR 235 and were mitigation measures a part of that. Staff advised that tt was. Mr. Vtckers potnted out that added to the conditions today were conditions regarding environmental monitoring and recording. Commissioner Beadltng said that she was concerned that the developer w~11 grade the land, then find that he cannot build. What they will end up with ts land that has been disturbed and ts subject to eroston. Mr. Probandt said that he moved onto his property after the Board approved the specific plan. He would have been at these hearings before this, had he moved into the area earltar. He is trying to establish evidence that these tracts may have a significant impact on the environment in order to get this problem resolved. Mr. Vtckers said that the environmental findings in the EIR address the issue of sewage and the mitigation of that problem. He noted that a condition was added today for monitoring and reporting, and advised that the development could be stopped at various stages if it is not at the right level. Convisstoner Purrlance said that he did not belteve it was the Commtsston's role to make the determination that Mr. Probandt wants. Whether or not the developer is following the requirements of the Regtona1 Water Qualtty Control is between the developer and that agency. Mr. Probandt reiterated that this is an environmental assessment that is being considered and the Commission cannot issue a negative declaration under these circumstances based on substantial evidence that this project may affect the environment. Commissioner Purrlance advised that Coun~ Counsel is saying that the plan calls for these things to be mitigated and that the conditions have been amended so the project is monitored. Therefore, the negattve.cleclaratton is perfectly legal. The hearing was closed at 4:1g p.m. FINDINGS AND CONCLUSIONS: Seven Tentative Vesttng Tract Nos. 24131, 24132, 24133, 24134, 24135, 24135 and 24137 have been submitted; the subject tracts are located entirely within adopted $pectftc Plan No. ~lg; the seven vesttng tracts have been destgned to the development standards of Adopted Spectftc Plan No. 21g; Env!ronmental Assessment Nos. 33433, 33470, 33469, 33434, 33413, end 33414, based on the findings of Environmental Impact Report No. 235, prepared for Specific Plan No. 21g, indicate that the environmental impacts can be avoided or mitigated to an acceptable level, except for cumulative Air Quality tmpacts, ~htch cannot be fully mitigateds a statement of Overriding Findings 45 RIVERSIDE COUNTY PLANNING COMItlSSION MINUTES APRIL 12, 1989 for'cumulative Air Quality impacts was approved by the Board of Supervisors on October 4, 1988; and, Development Agreement No. 4 has been recorded for Specific Plan No. 219. The proposed tracts conform to Specific Plan No. 219; confom to the requirements of Ordinance Nos. 348 and 460; based on the environmental determination mde in Environmental Assessment Nos. 33433, 33470, 33383, 33469, 33434, 33413, and 33414, the subject vesting tracts will not have a significant effect on the environment, with the exception of cumulative Air Quality impacts which caqnot be fully mitigated; and, the a~ova r-'erenced Environmental Assessments include the Statement of Overriding Findings for cumulative A'fr Quality impacts approved by the Boar of Supervisors on October 4, 1988, therefore, the environmental impacts have been mitigated to an acceptable level through project design and the conditions of approval. MOTION: Upon motion by Commissioner Bresson, seconded by Commissioner Beadling and unanimously carried, the Commission adopted the Negative Declarations for EA Nos. 33433, 33470, 33383, 33469, 33434, 33413 and 33414 and approved Tentative Tracts No. 2413! Amended No. 1, 24132 Amended No. 2, 24133 Amended No. l, 24133 Amended No. 1, 24134 Amended No. 1, 24135 Amended No. 1, 24136 Amended No. 1, and 24137 Amended No. 1 subject to the amended conditions of approval and based on the above findings and conclusions. ]n answer to Commissioner Bresson, Mr. Vtckers advised that on the previous item, the Development Agreement was in place. These are new vesting maps within the Specific Plan. Z~g Area: Rancho Califoznia Vesting Trac~ Nos. Supervisorial District: First E.A. N~: 33433, 33470, 33383, 33469, 33434, 33413, 33414 Specific Plan Sectic~ Planning Oremission: ;~enda Ite~ No.: 24131 ~ndment No. 1 24132 ~mendment No. 2 24133 ;~mendment No. 1 24134 ;~endment No. 1 24135 Amendment NO. 1 24136 ;m~/~ent No. 1 24137 ~nend~ent NO. 1 ~ 4-12-89 Applicant: Bedford Properties Robert Bein, William Frost & Associates Type of Request: To subdivide 698.1 acres into seven v~sting tracts (24131, 24132, 24133, 24134, 24135, 24136, and 24137) consisting of 2,529 residential lots and 100 open space lots/school sites. The tracts are located within the Meadows Specific Plan (NO. 219). The site is. /n the State. Highway 79 corridor in the Rancho California area of Southwestern Ri%~rside County. Specifically, the subject tracts are located east of Margarita Rd. and w~st of Butterfield Stage Rd., i~ed~ately north of Highway 79, and south of Pauba 6. Surrom~_ ~ ng SP, R-P~ R-A, R-A-2 1/2, R-A-5, A-1-10, ¢-P-S 7. Site Omracteristics: ~he site of the subject tracts consists of rolling te~Aa/n except for the southern portio~ of the site, which is flat.' ~he site has been ~sed for dry fazming Mher~ the topo~y pezmitted. With the except/on of peroolation ponds ~ & portion of Vest/rig Tract 24137, all of ~he site is vacant o staff a~port VestingTractNos. 24131;~endedNo. 24132~mendedNo. 2 241332~endedNo. 1 24134RmendedNo. 1 24135~mendedNo. 1 24136;~endedNo. 1 24137/%~endedNo. i Page 2 Comprehensive General Plan Designatio~: 10. X~nd Division Data: The seven subject ~sting tracts are located in Southw~ern Riverside Oounty in the Rancho California area. The tracts are n,~ other adopted Specific Plans, such as Vail Ranch (Specific Plan 223) and Redhawk (Specific Plan 217) to the South as w~11 as approved tracts to the east. 1AND USE: ;~bptedSpecific Plan No. 219 24131~md. No. I 105.4 15,22 24132;~d. No. 2 90.2 30,31,32 24133~md. No. i 163.7 16,19,20,21 24134Amd. No. I 91.2 18,33,34 24135~md. NO. I 83.5 17 24136Amd. No. I 99.8 8 24137Amd. No. i 64.3 1, 2-a TOTALS 698.1 Tract NO. 24131 ~ No. 1 Health Depax ~t: Flood Oo~.rol: Fir~ ~,;]ding and Safety: 3-07-89 ~-20-89 3-27-89 2-27-89 1-18-89 4-14-89 O~ SPACE SINGJ~. FAMILY (II~IAL - LOTS/~L LOTS LOTS SITES 440 0 13 214 0 11 693 0 23 311 0 19 325 0 19 400 0 8 146 I 7 2,529 i 100 See letters dated: Tract NO. 24132 ;N~adment No. 2 'Road Depa~nt: 3-06-B9 ~ealth ~t: 3-20-89 Flood (k~trol: 3-24-89 Fire Depa~ U,=nt: 3-21-89 B-{ld4ng and Safety: 3-06-89 Revised Boad De~t: 4-17-89 Staff a~o~ Vesting Tract Nos. 24131 ;~ended No. 1 24132 ;~ended No. 2 24133 ~ No. 1 24134 A~_nded No. 1 24135 ;~ended No. 1 24136 ;~ended No. 1 24137 /~ended No. i Pag~ 3 Tract NO. 24133 /~enc~ent NO. I Tract NO. 24134 Amendment No. I Road Depa~U~ent: Health Depa~ U,=nt: Flood Cc~trok: Fir~ Depa~,ent: Building and Safety: 3-06-89 2-27-89 3-27-89 2-24-89 3-06-89 4-17-89 Road Depa~ U~ent: ~th Dep~b,~nt: Flood Cofitrol: Fire Depa~b,~t: Building and Safety: Revised Road D~.: 3-06-89 3-20-89 3-27-89 2-24-89 3-06-89 4-17-89 Tract No. 24135 Amendment No. 1 Tract No. 24136 Amendment No. i Road Depa~,ent: Health Depa~ U, ent: Flood Control: Fire D~ar~ent: Building and Safety: Revised Road Dept.: 3-06-89 2-27-89 3-27-89 2-24-89 3-06-89 4-12-89 Road Depa~ U,ent: Health Dep~U~t: Flood Control: Fir~ Department: ~il~g ~d ~ety: ~s~ ~d ~.: 3-06-89 2-27-89 3-27-89 2-24-89 3-06-89 4-12-89 Tract No. 24137 /%menc~ent NO. i Health DeparU~t: Flood Control: F:i..~ Building and Safety: County Geologist: Revised ~oad Dept.: 3-07-89 2-27-89 3-27-89 2-24-89 3-06-89 1-30-89 4-12-89 Seven Vesting Tentative Tracts have been filed within adopted Specific Plan No. 219 ~ MeN~dow3). Vest/rig Tentative Tract No. 24131 proposes to divide 453 lots c~ 105.4 acres. Vesting Tentative Tract No. 24132 will d/vide 214 lots ~ 90.2 acres. In the interior of the Specific P/an, Vesting Tract No. 24133 consists of 716 lots ~ 163.7 acres. Vesting Tract No. 24134, located in the northwrest corner of ~he Specific Plan mrma, will d/vide 91.2 &cx~s /nto 330 lots. vesting Tract No. 24135, located in the w~tern most portic~ of the Specific Plan, includes 344 lots c~ 83.5 acres. Vesting Tract NO. 24136 will divide 99.8 &cr~s into 408 lots. Finally, Vesting Tract No. 24137, in the southwestern portia of the Specific Plan adjacent ~o Highway 79, proposes to divide 64.3 acres into 154 lots. St~ff Report Vesting Tract Nos. 24131 ;~ended No. 1 24132 /%~ended No. 2 24133 Rmended No. 1 24134 /%~ended No. 1 24135 ;m~nded No. 1 24136/rummaged No. 1 24137 /%~m~ded No. I Page 4 Specific Pla~ No. 219, adopted by the Board of Supervisors o~ October 4, 1988, /ncludes 5,611 dwelling units c~ 1389 acres. The se~_n tracts /mple~ent the w~tern portion of the Specific Plan. En~tal Impact P~port NO. 235 assessed the full range of enviror~ental concerns associated with the Specific Plan. All identified potential impacts, except for cumulativ~ effects on air quality, w~re reduced to an acceptable lev~l through mitigation measures incorporated into the project, conditions of approval and projec~ design. The en~tal /rapact r~port is the basis for the env~tal assessments for the subject ~.racts. Environmental Assessment Nos. 33433, 33470, 33383, 33469, 33434, 33413, and 33414 indicated that all potential impacts. for the tracts can be mitigated to an acceptable Project Consistency with Adopted Specific Plan The subject tracts w~re thoroughly z~viewed for consistency with Adopted Specific Plan No. 219. The z~sidential densities and layout co, fore to the T~nd Use Plan. Lottin~, as shown on the tract maps, will acc~',,,odate the zoning provisin~s of the zoning ordinance adopted in oonjunction with the Specific Plan. The vesting tract maps and corresponding conditions of appro%-al ar~ consistent with the Planning Area Develo~m~_nt Stam4~_ ~ds described in Section III.B of the Specific Plan. Issues dealt with at the design stage of the tracts ha~ included internal cizuulation within the tracts, mitigation of historic resouroes, and geologic /ssues. Firstly, i~teznal cizculation was & oo~cezn in all of the tracts under oo~siderati~, except for Vesting Tract No. 24137. ~ concerns w~re worked out through minor redesign. The second issue was the mitigation of historic resouroes, ~ich was discussed extensi~ly ~ the applicant and the Oounty Parks Depa~,~nt. It was determined that the historic resources within the tracts under cc~slderation could be adequately mitigated. Finally, geologlc oo~cerns included ~/quefaction for Vest/ng Tract 24137 and slope stability for all of the tracts. P~ports w~re pre~ on each issue and 1/quefaction '~sue for Tract 24137 are presented in & .letter dated 1-30-89. With z~gard to slope stability, the Geologist found that the r~c~,,~ndations of the reports w~re acceptable and should be incorporated into ~he devmlo~nt and oonstruction of the tracts. s~ff~port Vesting TractNos. 24131~mendedNo. 1 24132/~endedNo. 2 24133~mendedNo. 1 24134~nendedNo. 1 24135A~endedNo. 1 24136;~endedNo. 1 24137/~endedNo. i Page 1. Seven Tentative Vesting Tract Nos. 24131, 24132, 24133, 24134, 24135, 24136, and 24137 have been su~znitted. 2. The subject tracts arm located entiz~ly within adopted Specific Plan No. 219. 3. The seven vesting tracts have been designed to the develc~m~ent stand-ds of Adopted Specific Plan No. 219. Environmental Assessment Nos. 33433, 33470, 33383, 33469, 33434, 33413, and 33414, based on the findings of Environmental Impact .Report No. 235, prepared for Specific Plan NO. 219, indicate that the environmental impacts can be avoided or mitigated to an accegtable level, except for c~nulative Air Quality impacts, which cannot be fully mitigated. A statenent of Overriding Findings for cumulative Air Quality impacts was approved by the Board of Supervisors on October 4, 1988. 5. Development ~t NO. 4 has been recorded for Specific Plan No. 219. 1. Theproposed tracts oonfomtoSpecific Plan No. 219. 2. The proposed %~.~cing tracts oc~fom to the rec~,{~s~ents of Ozdinance No. 348 ~d 460. ~S. 33433, 33470, 33383, 33469, 33434, 33413, ~d 33414, ~ ~j~ ADCETI(~ of a Negative Dec_-l~atic~ for En~ix~e-~ Assesm~nt Nos. 33433, 33470, 33383,. 33469, 33434, 33413, and 33414 based on the fim4~ng that the /%FFROVAL of Vesting Tentative Tract No. 24131 ~ No. 1, subject to the attached oc~dittc~s of approvall and, Staff Report VestingTractNos. 24131;M~ndedNo. 1 24132AmendedNo. 2 24133A~endedNo. 1 24134AmendedNo. 1 24135AmendedNo. 1 24136AmendedNo. 1 24137J~endedNo. I Pa~e 6 APPBOVAL of.Vesting Tentative Tract No. 24132 Amended No. 2, subject to the attached o~Li. 'ticks of appmmm/; and, ~ of Vesting Tentative Tract attached c~diti~s of approval; and, No. 24133 JM~nded No. 1, subject to the of Vesting Tentative Tract No. 24134 Amended No. 1, subject to the conditions of approval; and, ~ of Vesting Tentative Tract No. 24135 Amended No. 1, subject to the attached o0~diticom of approval; and, API~RCWAL of Vesting Tentative Tract No. 24136 Amended No. 1, subject to the attached conditions of approval; and, APPROVAL of Vesting Tentative Tract NO. 24137 Amended No. 1,-subject to the attached conditions of approval. OD:cj t.ATR24131 ~ 24132 '~ 24133 24137~ -'v-.,' I LAND .USE TR 24134 TR 24135 TR24136 TR '~'~ ~TTER~ · . , VAC DED :~"~..~i', ::.~:i::.":.~ .:: ::::::"G:'FArM . ~C.A,T.~T_~ED RES :::~i:.~,'~ ~:.~'~' '[' ~ ,, [4_ .....~ ,.::.-~.~.~. ~.~%.. / :,'f ~ - . ~"~ .. · ...- ~ / ' ~P. BEDFORD ~OPERTIES . - Use 2529 LOTS ~ ' ,...' RANOHO~IF , 1.tS..~t ~ I", 2000' 1~,7~bk~~Y~~/~~~~ RIVERSIDE COUNTY PLANNING DEPARTHENT SUBDIVISION CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT NO. 24135 AMENDED NO. 1 0 STANDARD CONDITIONS 1. The subdivider shall defend, indemnify, and hold harmless the County of Riverside, its agents, officers, and employees from any claim, action, or proceeding against the County of Riverside or its agents, officers, or employees to attack, set aside, void, or annul an approval of the County of Riverside, its advisory agencies, appeal boards or legislative body concerning Vesting Tentative Tract No. 24135 Amended No. 1 which action is brought about within the time period provided for in California Government Code Section 66499.37. The County of Riverside will promptly notify the subdivider of any such claim, action, or proceeding against the County of Riverside and will cooperate fully in the defense. If the County 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 County of Riverside. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule A, unless modified by the conditions listed below. This conditionally approved tentative map will expire two years after the County of Riverside Board of Supervisors approval date, unless extended as provided by Ordinance 460. e The final map shall be prepared by a licensed land surveyor subject to all the requirements of the State of California Subdivision Hap Act and Ordinance 460. The subdivider shall submit one copy of a soils report to the Riverside County Surveyor's Office and two copies to the Department of Building and Safety. The report shall address the soils stability and. geological conditions of the site. · If any grading is proposed, the subdivider shall submit one print of a comprehensive grading plan to the Department of Butldtng and Safety. The plan shall comply with the Uniform Butldtng Code, Chapter 70, as amended by Ordinance 457 and as may be additionally provided for in these conditions of approval. TENTATIVE TRACT NO. 24135, Conall tlons of Approval Page 2 7. A grading permit shall be obtained from the Department of Builaing and Safety prior to commencement of any grading outside of county maintainea road right of way. 8. Any delinquent property taxes shall be paid prior to recoroation of the fi hal map. g. The subdivider shall comply with the street improvement recommendations outlined in the RiversJoia County Roaa Department's letter dated 4-12-8g a copy of which is attached. {Amended - Plannin~ Commission - ~rll 12, lg89) 10. Legal access as required by Ordinance 460 shall be proviaea from the tract map boundary to a County maintained road. 11. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abanaons such offers. All dedications shall be free from all encumbrances as approvea by the Road Commissioner. Street names shall be subject to approval of the Road Commissioner. 12. Easements, when required for roadway ~lopes, drainage facilities, utilities, etc., shall be shown on the final map if they are locatea within the land division boundary. All offers of dedication ana conveyances shall be submitted and recordeo as directea by the County Surveyor. 13. Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County health Department's letter dated 2-27-89 a copy of which is attached. 14. The subdivider shall comply with the flood control recommenaations outlined by the Riverside County Flooa Control District's letter aatea 3-27-89 a copy of which is attached. If the lana division lies within an adopted flood control drainage area pursuant to Section 10.25 of (Jrdinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the Road Commissioner. 15. The subdivider shall comply ~th the fire improvement recommenaations outlined in the County Fire Marshal's letter datea 2-24-89, a copy of which is attached. 16. Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall proviae for aaequate vehicular access to all lots in each phase, ana shall substantially conform to the intent and purpose of the subdivision approval. TENTATIVE TRACT NO. 24135, Amd. ~1 Conditions of Approval Page 3 17. The subdivider and all successors in interest shall comply with the provisions of Oevelopment Agreement No. 4 and Specific Plan No. 21g. 18. Lots created by this subdivision shall comply with the following: a) All lots shall have a minimum size of 5,000 square feet. b) Corner lots and through lots, if any, shall be pne~ided with add{tional area pursuant to Section 3.8B of Ordinance 460 and so as not to contain less net area than the least amount of net area in non-corner and non-through lots. c) Lots created by this subdivision shall be in conformance with the development standards of the Specific Plan zone. d) 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. e) Trash bins, loading areas and incidental storage areas, located in recreation areas shall be located away and visually screened from surrounding areas with the use of block walls and landscaping. (Amended - Planning Commission - April 12, 1989) f) Bike racks and bike lockers in sufficient quantity shall be provided in convenient locations to facilitate bike access to ~he pwe~ee~ area recreation areas. (Amended - Planning Commission - April 12, 1989) 19. Prior to RECORDATION of the final map the following conditions shall be satisfied: a. Prior to the recordation of the final map the applicant shall submit written clearances to the Riverside County Road and Survey Department that all pertinent requirements outlined in the attached approval letters from the following agencies have been met: County Fire Department County Flood Control County Health Department County Parks Department 20. A property owners' association with the unqualified right to assess the owners of the individual 'units for reasonable maintenance costs shall be' established and continuously maintained. The association shall have the right to lien the property of the owners who default in the payment of their assessments. Such lien shall not be subordinate to any encumbrance other than a first deed of trust provided such deed of trust is made in good faith and for value and is of record prior to the lien of the association. TESTATlYE TRACT #0. Z4135. /~1. ,1 Conditions of Approval Page 4 P~s~ *e Pese~da~efi ef ~he $eun,y fee sSmp~e mad e~eaP ef s~ ~ens, ~mKes, assessment, ~ease$ ~Peee~ded aRd unPeeePded½ and easements, eNeep( ehese easements vh4eh &n 6he sere d$sePe(~en e~ Geun(~ aeeep~ng i$~e ~e sueh aPeas, ~he subd~v~deP sha~l subm~ ~he aha~ be sub~ee~ te ~he appPeva~ e~ lha~ depaP~men~ and the O~f~ee eY ~he Qeun~y Qeunse~+ un~S ~sh prev~de~ SkaS She deE~aPaS~en s~ sevenaR~$~ and PeaepheSians ~ 4nsePpePaSed ShePe~n by Pe~ePenee, esSab~$skmenS efa pPepePky e~vtqePsL assee~aSSen eempP~sed e~ ~he eh~eP6 e~ eaeh (nd4v~dua~ ~e( eP un~( and ~e) eenSa4n She fe~ew~n9 pPev~s~ens vePbaSSmf She fe~Tew4n9 pPev494en sh&3T app3y+ The pPepePSy ewnePsL assee~aS~efi esSshrieked kePe~n skaT~ 4f deF~an~ be aeS4vaSedT by 4neerpePak~en SP eSkePw~$eT aS She PequesS ef ~ke GeuRSy FF R~¥ePs~des and (he pPepeP~y cymeteL assee~aS~eR 6ka~ paPS4euTaP~y deseP4bed as ~eSs A ShPeugh ~ on ¥e~S4ng TPaeS Map Ns, a4aa6 Amended Ns, J, The dee4s~en (o PequSPe aeS~vaS~en of ~he am 4ks eveRS ~haS (he eemmem a~a~ oP amy paPS (kereo~, 48 eemveyed (e She pPepePSy ownapeA &seesSeaSons She &sses~aS~env ShaPesleep ~I~T LeowateR iPeaL~ eP any paps ShapeefT &beeRS She pP4oP WP~SSeR sensen& She P~gh~ 4e assess *he e~e~s ef eaek 4nd~v~dual ~e~ e~ .n~& feP ePea~ed, shalt be pP4eP (e a~3 e~heP ~ens ~ee~ded eubsequen~ (e ~ke TE]qTATIVE TRACT NO. 24135, Amd. ~1 Conditions of Approval Page 5 21. pPepeP~y deanReNed kkewefPem absen~ ~ke pP~eP wP~k~en sensen~ e~ kke P~aRR4R9 D$~e~e~ e~ ~ke GeuR~y ef R~ve~sSde e~ ~ke GeuR~yLs sueee66eP-~n-~n~ePes~ A pPepesed &mendmeR~ sha~ be eens4deFed 2subs~ank4a~/ 4~ 4k a~feE~6 ~ke aNkaRa, usage eF meSn~enanse ef ~ke /eommsR &PeaL~ in (ks c~venk ef any een~ bekween (k~s De~awa($en and (he A~k4~es e~ tnee~pePakSen, ~ke gyTaws, eP ~ke pPepeP~y ewnePsL asgseSa~en Rules and Ones appPeved, kke de~TaPak4en of sevenanksT eend~k4en6 and Pes~w4eS~ens skaT~ be ~e~e~ded ak ~ke same ~IM ~ha~ ~he ~Ra~ IMp 46 Pe~eFded, (Deleted - Planning Commission - Apr11 12, 1989) Prior to recordation of the final subdivision map, the subdivider shall submit the following documents to the Planning Department for review, which documents shall be subject to the approval of that department and the Office of the County Counsel: declaration of covenants, conditions and restrictions; and 2) A sample document conveying title to the purchaser of an individual lot or unit which provides that the declaration of covenants, conditions and restrictions is incorporated therein by reference. The declaration of covenants, conditions and restrictions submitted for review shall (a) provide for a minimum term of 60 years, (b) provide for the establishment of a property owners' association comprised of the owners of each individual lot or unit, (c) provide for ownership of the common area by either the property owners' association or the owners of each individual lot or unit as tenants in common and (d) contain the following provisions verbatim: 'Notwithstanding any provision in this Declaration to the contrary, the following provision shall apply: The Property owners' association established herein shall manage and continuously mantatn the 'common area', more particularly described as lots A through V on Vesting Tract Hap No. 24~35 Amended No. 1 attached hereto, and shall not sell or transfer the 'common area', or any part thereof, absent the prior written consent of the Planntng Director of the County of Riverside or the County's successor-in-interest. The property owners' association shall have the right to assess the owners of each Individual lot or unit for the reasonable cost of maintaining the 'common area' and shall have the right to 1ten the TENtATiVE TRACT NO. 24135, Amd. ~1 Condltfons of Approval Page 6 22. property of any such owner who defaults in the payment of a maintenance assessment. An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien. This Declaration shall not be terminated, 'substantially' amended or property deannexed therefrom absent the prior written consent of the Planning Director of the County of Riverside or the County's successor-in-interest. A proposed amendment shall be considered 'substantial' if it affects the extent, usage or maintenance of the 'common area". In the event of any conflict between this Declaration and the Articles of Incorporation, the Bylaws or the property owners' association Rules and regulations, if any, this Declaration shall control." Once approved, the declaration of covenants, conditions and restrictions shall be recorded at the same time that the final map is recorded. (Added - Planning Con~nission - April 12, 1989} The developer shall comply with the following parkway landscaping conditions: 1) Prior to recordation of the final map the developer shall file an application with the County for the formation of or annexation to, a parkway maintenance district for Vesting Tentative Tract No. 24135 Amended No. I in accordance with the Landscaping and Lighting Act of lg72, unless the project is within an existing parkway maintenance district. 2) 3) Prior to the issuance of building permits, the developer shall secure approval of proposed landscaping and irrigation plans from the County Road and Planning Department. All landscaping and irrigation plans and specifications shall be prepared in a reproducible format suitable for permanent filing with the County Road Department. The developer shall post a landscape performance bond which shall be released concurrently with the release of subdivision performance bonds, guaranteeing the viability of all landscaping which wtll be Installed prior to the assumption of the maintenance responsibility by the district. 4) The developer, the developer's successors-in-interest or assignees, shall be responsible for all parkway landscaping maintenance until such time as maintenance is taken over by the district. 5) The developer shall comply with the standards and exhibits in Specific Plan No. 219. TENTATIVE TRACT NO. ~4135, /bad. Condftfons of Approval Page 7 23. 24. 25. 26. 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. Street lights shall be provided within the subdivision in accordance with the standards of Ordinance 46! and the following: 1) Concurrently with the filing of subdivision improvement plans with the Road Department, the developer shall secure approval of the proposed street light layout first from the Road Department's traffic engineer and then from the appropriate utility purveyor. 2) Following approval of the street lighting layout by the Road Department's traffic engineer, the developer shall also file an application with LAFCO for the formation of a street lighting district, or annexation to an existing lighting district, unless the site is within an existing lighting district. 3) Prior to recordation of the final map, the developer shall secure conditional approval of the street lighting application from LAFCO, unless the site is within an existing lighting district. 4) All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Riverside County Ordinance No. 655 and the Riverside County Comprehensive General Plan. 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 County Surveyor: 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 Sheet: 'County Slope Stability Report No. 89 was prepared for this property and is on file at the Riverside County Planning Oepartment. Specific items of concern in the report are as follows: slope stability.' Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: TENTATIVE TRACT NO. 24135, Amd. J~l Conditions of Approval Page 8 Co PP4e~ ~e ~ke 4ssuaRse ef s~ad4Rs peF~S~ ~he app~4ean~ sha~ eb~a~n e~eaPaRee ~Pem ~he U,$, ~sh and W4~d~e Se~v4ee~ ~e~fi4ng ~e ~e eK4sten~e ef ~he 6~epkens2 KaRga~ee Rfi s4~e~ (Deleted - Planning Commission - April 12, 1989) Prior to the issuance of grading permits, the applicant shall comply with Ordinance No. 663 by paying the fee required by that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Confervation 'Plan prior to the payment of the fees required by Ordinance No. 633, the applicant shall pay the fee required under the Habitat Conservation Plan as implemented by County ordinance or resolution. Prior to the issuance of §wadSe§ building permits detailed common open space area landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following: (Amended - Planning Commission - April 12, 1989) 1. Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. 2. Landscape screening where required shall be designed to be opaque up to a minimum height of six (6) feet at maturity. o All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Director. Utilities shall be placed underground. ® Parkways and landscaped building setbacks shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth berming, ground cover, shrubs and specimen trees in conjunction with meandering sidewalks, benches and other pedestrian amenities where appropriate as approved by the Planning Oepartment. 5. Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. o Where street trees cannot be interior streets and project right-of-way, they shall be right-of-way. planted within right-of-way of parkways due to insufficient road planted outside of the road 7. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. TENTATIVE TRACT NO. 24135. Amd. ,tl Co. dttlo,s of Approval Page 9 Be All extsttng specimen trees and significant rock outcroppings on the subject property shall be shown on the proJect's grading plans and shall note those to be removed, relocated and/or retained. 9. All trees shall be mtntmum double staked. Weaker and/or slow growing trees shall be steel staked. 10. The plans shall confom to those shown in Specific Plan No. 219. Any oak trees removed with four (4) inch or larger trunk diameters shall be replaced on a ten (10) to one {1) basis as approved by the Planning Director. Replacement trees shall be noted on approved landscaping plans. The following tree preservation guidelines shall the projects approved grading, building and appropriate: be incorporated in landscaping plans as Every effort shall be made to prevent encroachment of structures, grading or trenching within the drtpltne or twenty-five (25) feet of the trunk of any trees, whichever is greater. o o If encroachment within the dripline is unavoidable, no more than one third of the root area shall be disturbed, graded or covered with impervious materials. The root area is considered to extend beyond the dripline a distance equal to one half the radius. Building, grading or improvements shall not occur within ten {10) feet of any tree trunk. Retaining walls shall be constructed where necessary to preserve natural grade at least one-half the distance between the trunk and the dripline. Walls shall be designed with a post or caisson footing rather than a continuous footing to minimize root damage. Alteration of natural drainage shall be avoided to the greatest extent possible. Runoff channelled near trees shall not substantially change normal soil moisture characteristics on a seasonal basis. Runoff shall not be directed towards the base of trees so that the base of the trees remain in wet sot1 for an extended period. Where natural topography has been altered, drainage away from trunks shall be provided where necessary to ensure that water will not stand at the crown. TENTATIVE TRACT NO. 24135, Amd. ~1 Conditions of App~val Page 10 he 10. .J. Sedimentation and stltatlon in the drainage ways shall be controlled where necessary to avoid filling around the base of the trees. Land uses that would cause excessive soil compaction within the dripline of trees shall be avoided. If the areas are planned for recreation, provide trails to restrict compaction to a small area. Heavy use under trees shall be avoided unless measures to minimize ~ompaction are undertaken. Landscaping or irrigation shall not be installed within ten (10) feet of any trees. All existing native specimen trees on the subject property shall be preserved wherever feasible. Where they cannot be preserved they shall be relocated or replaced with specimen trees as approved by the Planning Director. Replacement trees shall be noted on approved landscaping plans. All approved grading and building plans shall reflect the utilization of post and beam foundations or the appropriate combination of split level pads and post and beam foundations when development is proposed on natural slopes of fifteen percent or greater measured over a horizontal distance of thirty (30) feet. If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: 1) Techniques which will be utilized to prevent erosion sedimentation during and after the grading process. and 2) Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March 3) Preliminary pad and roadway elevations 4) Areas of temporary grading outside of a particular phase Driveways shall be designed so as not to exceed a fifteen (15) percent grade. Grading plans shall conform to Board adopted Htllstde Development Standards: All cut and/or fill slopes, or individual combinations thereof, which exceed ten feet in vertical height shall be modified by TENTATZVE TRACT NO. 24135, Amd. fl Conditions of Approval Page 11 27. an appropriate combination of a special terracing (benching) plan, increased slope ratio (i.e., 3:1), retaining walls, and/or slope planting combined with irrigation. All driveways shall not exceed a fifteen percent grade. All cut slopes located adjacent to ungraded natural terrain and exceeding ten {10) feet in vertical height shall be contour-graded incorporating the following grading techniques: 1) The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. 2) Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. 3) 4) The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. Natural features such as water courses, specimen trees and significant rock outcrops shall be protected in the siting of individual building pads on final grading plans. Prior to the issuance of grading permits, the developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by · the Oirector of Building and Safety· 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 paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-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. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: 1) The project shall camply with the requirements of Development Agreement No. 4. TENTATIVE TRACT NO. 24135, Amd. #1 Conditions of Approval Page 12 28. 2) Prior to the submittal of building plans to the Department of Building and Safety an acoustical study shall be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwelling units within the subdivision to reduce ambient interior noise levels to 45 Ldn. 3) Prior to the issuance of building permits, composite landscaping and irrigation plans shall be submitted for Planning Oepartment approval. The plans shall address all areas and aspects of the tract requiring landscaping and irrigation to be Installed including, but not limtted to, parkway planting, street trees, slope planting, and individual front yard landscaping per the requirements of Specific Plan No. 219. 4) All dwellings to be constructed within this subdivision shall be designed and constructed with fire retardant (Class B) roofs as approved by the County Fire Marshal. 5) Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. 6) Roof-mounted equipment shall be shielded from view of 'surrounding property. 7) Building separation between all buildings excluding fireplaces shall not be less than ten (10) feet. 8) All street side yard setbacks shall be a minimum of ten (10) feet. g) All front yards shall be provided with landscaping and automatic irrigation. Prior to the issuance of OCCUPANCY PERMITS the followlng conditions shall be satisfied: 1) Wall and/or fence locations and materials shall conform to the approved wall and fence treatment plan in Specific Plan No. 219. 2) All landscaping and irrigation-shall be installed in accordance with approved plans prior to the issuance of occupancy permits. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Otrector and the Oirector of Building and Safety. 3) All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by a Planning Department field inspection. TENTATIVE TRACT NO. 24135, Amd. ~1 Conditions of Approval Page 13 2g. 4) S) Not withstanding the preceding conditions, wherever an acoustical study is required for noise attenuation purposes, the heights of all required walls shall be determined by the acoustical study where applicable. Concrete sidewalks shall be constructed throughout the subdivision in accordance with the standards of Ordinance 461 and Specific Plan No. 21g.. 6) Street trees shall be planted throughout the subdivision in accordance with the standards of Ordinance 460 and Specific Plan No. 21g Prior to the issuance of a building permit, the subdivider shall prepare and submit a written report to the Planning Director of the County of Riverside demonstrating compliance with those conditions of approval and mitigation measures of this map and E.A. No. 33434 which must be satisfied prior to the issuance of a building permit. The Planning Director may require inspection or other monitoring to assure such compliance. {Added - Planning Commission - April 12, lgBg) CO:cJ:gs OFFICE OF ROAD COMMI~310NER & COUNTY $URVEYO~ Riverside County Planning Commission 4080 Lemon Street Riverside, CA 92501 April 12, 1989 I~eh-6 r-~989 CCX~rTy AD~LNtS'TJtATr~ ~ 1,4AIL/NC JlJ~'Y..q.SIl~ CAIdFO~.I~ IA (714) Ladies and Gentlemen: Re: TR 24135 - Amend #1 Schedule A - Team SP - SMD#g *As Amended at P.C. 4-12-89 With respect to the conditions of approval for the referenced tentative land division map, the Road Department recommends that the landdivider provide the following street improvement plans and/or road dedications in accordance with Ordinance 460 and Riverside County Road Improvement Standards (Ordinance 461). It is understood that the tentative map correctly shows acceptable centerline profiles, all existing easements, traveled ways, and drainage courses with appropriate Q'$, and that their omission or unacceptability may require the map to be resubmitted for further consideration. These Ordinances and the following conditions are essential parts and a requirement occurring in ONE is as binding as though occurring in all. They are intended to be complementary and to describe the conditions for a complete design of the improvement. Aii questions regarding the true meaning of the conditions shall be referred to the Road Commissioner's Office. o The landdivider shall protect downstream properties from damages caused by alteration of the drainage patterns, i,e., concentration of diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/ or by securing a drainage easement. All drainage easements shall be shown on the final ~ap and noted as follows: 'Drainage Easement - no building, obstructions, or encroachments by land fills are allowed". The protection shall be as approved by the Road Department. · he landdivider shall accept and properly dispose of all offsite drainage flowing onto or through the site. In the event the Road-Commissioner permits the use of streets for drainage purposes, the provisions of Article XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, the subdivider shall provide adequate drainage facilities as approved by.the Road Department. 'TR Z~1~5 - Amend ~1 1~dmo~-~r-l~)~ April Page 2 1989 e e e 10. 11. Major drainage is involved on this landdivision and its resolution shall be as approved by the Road Department. Street 'M" shall be improved within the dedicated right of way in accordance with modified County Standard No. 100, (84'/108' as approved by th~ Road Commissioner). Streets "B", "P", 'L" (north of Street 'N"), and Street "E" (at Pio Pico Road) shall be improved within the dedicated right of way in accordance with modified County Standard No. 104, Section A. (50'/70' with entry median as approved by the Road Commissioner}. The remaining interior streets shall be improved within the dedicated right of way in accordance with County Standard No. 104, Section A. (40'/60') Margarita Road shall be improved with concrete curb and gutter located 43 feet from centerline and match up asphalt concrete paving; reconstruction~ or resurfacing of existing paving as determined by the Road Commissioner within a 55 foot half width dedicated right of way in accordance with County Standard No. 100. Street "A" shall be improved with 34 feet of asphalt concrete pavement within a 45 foot part width dedicated right of way in accordance with modified County Standard No. 103, Section A. (24'/33', as approved by the Road Commisioner} Pio Pico Road shall be improved with 34 feet of asphalt concrete pavement within a 45 foot part width dedicated right of way in accordance with County Standard No. 103, Section A. (22'/33') Corner cutbacks in conformance with County Standard No. 805 shall be shown on the final map and offered for dedication. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Riverside County Road Commissioner. Completion of road improvements does not imply acceptance for main- tenance by County. TR 24135 - Amend #1 ~¢k-~-t9~9 April 12, 1989 Page 3 12. 13. 14. i5. 16. 18. 19. 20. 21. 22. 2]. Standard cul-de-sacs and knuckles and off-set cul-de-sacs shall be constructed throughout the landdivision. Asphaltic emulsion (fog seal) shall be applied not less than fourteen days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section 37, 39 and 94 of the State Standard Specifications. The landdivider will provide left turn lanes on Pio Pico Road and Street #A' at all interior intersections as approved by the Road Department. The landdivider shall provide utility clearance from Rancho California Hater District prior to the recordat£on of the final map. The maximum centerline gradient and the minimum centerline radii shall be in conformance with County Standard #114 of Ordinance 461. All centerline intersections shall be at 90° with aminim.u~, 5~/a~gent mqasured from flow lineD Concrete sidewalks shall be constructed throughout the landdivision in accordance with County Standard No. 400 and 401 (curb sidewalk). The minimum lot fronta9es along the cul-de-sacs and knuckles shall be 35 feet. All driveways. shall conform to the applicable Riverside County Standards and shall be shown on the street improvement plans. A minimum of four feet of full height curb shall be constructed between driveways. The minimum garage setback shall be 30 feet measured from the face of curb. Prior to the recordation of the final map, the developer shall deposit with the Riverside County Road Department, a cash sum of $150.00 per lot as mitigation for traffic signal impacts. Should the developer choose to defer the time of payment, a written agreement may be entered into with the County deferring said payment to the time of issuance of a building permit. Electrical and communications trenches shall be provided in accordance with Ordinance 461, Standard 817. TR 241~5 - Amend #1 .Atrr. b-~-~89 April 12, 1989 Page 4 24. 25. 26. 27. 28. 29. 30. 31. 32. Lot access shall be restricted on Nargarita Road, Street #H'. Pio P/co Road, and Street #A" and so noted on the final ~ap. Landdivisions creating cut or fill slopes adjacent to the streets shall provide erosion control, sight distance control and slope easements as approved by the Road Department. #hen blockwalls are required to be constructed on top o[ slope, a debris retention wall shall be constructed at the street right of way line to prevent silting of sidewalks as approved by the Road Commissioner. The street design and improvement concept of this project shall be coordinated with Specific Plan No. 219. Street lighting shall be required in accordance with Ordinance 460 and 461 throughout the subdivision. The County Service Area (CSA) Administrator determines whether this proposal qualifies under an existing assessment district or not. If not, the land owner shall file an application with LAFCO for annexation into or creation of a "Lighting Assessment District" in accordance with Governmental Code Section 56000. Street lights shall be installed in accordance with Ordinance 460 and 461 at all intersections of roads constructed or improved within the subdivision. The county Service Area (CSA) Administrator determines whether the subdivision is within an existing assessment district. If not, the land owner shall file an application with LAFCO for annexation into or creation o~ a County Service Area in accordance with Governmental Code Section 25210.1. All private and public entrances and/or intersections opposite this project shall be coordinated with this project and shown on the street improvement plans. A striping plan is required for Mar9arita Road, Pio Pico Road, Street "M" and Street "A". The removal of the existing striping shall be the responsibility of applicant. '?raffic signing and striping shall be done by County forces with all Incurred costs borne by the applicant. Should this project lie within any assessment/benefit district, the applicant shall prior to recordation make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district unless said fees are deferred to building permit. t TR Z4135 - Amend #1 L~r~#-&~-agsg April Page 5 12, 1989 The following conditions from Specific Plan No. 219 - Vail Meadows shall also apply; All road improvements, unless otherwise noted, shall be constructed to ulttcate County Standards in accordance with Ordinance No. 460 and 461 as a requirement of' the implementing subdivisions for the Specific Plan, subject to approval by the Road Commissioner. The proposed 'Gateway Road' is approved, in concept, subject to the submittal and review of design details. Any landscaping within public road rights of way will require approval by the Road Commissioner and assurance of continuing maintenance through the establishment of a landscape maintenance district or similar mechanism as approved by the Road Commissioner. The Rancho Villages Assessment is an integral component of the planning for this area. Prior to the recordation of tract maps within this specific plan or any other project located within the assessment district, the final actions necessary for formation of the district must be completed. Should the district fail, the project proponent shall, prior to the recordation of any tract maps within the specific plan boundaries, provide for road improvements in accordance with Table XV-Implementation Schedule for On- Site Roadway Improvements and Table XVI-Implementation Schedule for Off-Site ~oadway Improvements, as attached. In response to the concerns 'voiced by Caltrans relative to cumulative impacts indicating the need to implement demand management strategies and/or provide for the development of additional highway corridors, the project proponent has agreed to fund such a study to be conducted under the direction of the Road Department as prescribed by ¢altrans. The study is currently in progress. Subdivision Engtneer · EB:Jw 0¢ County of Riverside TO: FROM: RE: RIVERSIDE COUNTY PLANNING DEPT. DATE: February ~~~TN: ,~hris Ormsby TINEZ,I~~IRO~NTAL REALTIt SPECIALIST IV TRACT MAP 2/~135~ Amended No. I 27, 1989 Environmental Health Services has reviewed Amended Ho. 1 dated February 230198~Our current comments will remain as Irated in our letter dated January 11, 1989. SN:tac "FEB S81989 ~ GUN. !PORM 4. (!by. I/gT) ,COUNTY OF RIVERSIDE DEPARTMENT 'k_.. of HEALTH ----r. jk ; ......p d RE: ?RAC? NA~ 24135: Parcels 8 and 9 of Parcel Hap 23432 (325 Lots) "JSS RA¥SEY S?iqEET GentleBen: The Department of Public Health has reviewed Tentative Hap Ha. 24135 and recoBBends that: !)t$ NOnTN ea~OADWAY eLY'THE, CA · Al& BL&IICA 7:P40 MARGUERtTA C#OIA SOS SOUTff IO~klA VISTA IllIT SlO NO~T# STATE NEII(T. CA et~4s Jill, tO IlSiS. CA St~P0! UK! ILlmOll ~0105 trYlASER D4q. LAKE ~. ~. ~rsS TANC~n TZ.McCALLLEd tit NORTH ~D' ITloEET I~!litll ,140 ttNO~U ITREET IUVERSK)E. CA. IJssT Sill loI$SIC~ i4.VO. A water system shall be installed according to plans and specifications as approved by the water company and the Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate, with a minimum scale not less than one inch equals 200 feet, alone with the original drawing to the County Surveyor. The prints shall shov the internal pipe diameter, location of valves and fire hydrants; pipe and Joint specifications, and the size of the ~ain at the Junction of the new system to the existing system. The plans shall comply in all respects with Dip. 5, Part 1, Chapter 7 of the California Health and Safety Code, CaliforniaAdudnistrative Code, Title 22, Chapter 16, and General Order Ha. 103 of the Public Utilities Co~mission of the State of California, ~hen applicable. The plans'shall be ai~ned by a registered engineer and water company with the follo~in$ certification: "I certify that the desiEn of the water system in Tract Hap is in accordance with the water system expansion plans of the Elsinore Valley Hunicipa! Mater District and that the water ~ervice, storage and distribution eyatem~ill be adequate to provide water nervUre.to such tract. Th~a certification does not constitute a guarantee that it will supply water to such tract at any specific quantitiea, flo~s or pressures for fire protection or any other purpose". This certification shall be ai~ned by a responsible official of the water company. The plans must be submitted to the County Surveyor*8 Office to review at least t~o weeks prior to the request for the recordation of the f~nal ~ap. l~verside ~ounty Flann~ng Dept. Fags T~o ATTN: Chris Orsshy January 11, 1989 This Department has a state~ent from the Elsinore Valley Hunicipal Water District agreeing to serve domestic water to each and every lot in the subdivision on dm~ud, providing satisfactory financial arrangements are co~pleted with the subdivider. It will be necessary for the financial arrangements to be ~ade prior to the recordation of the final ~ap. This Department has a statement from the Elsinore Valley Hunicipal WaGer District agreeing to alloy the subdivision sewage system to be connected to the sewers of the District. The sewer system shall be installed according to plans and specifications as approved by the District, the County Surveyor and the Health Department. Permanent prints of the plans of the sewer system shall be submitted in triplicate, ~1ongvith the original drawins, to the County Surveyor. The prints shall show the internal pipe diameter, location of manholes, complete profiles, pipe and Joint specifications and the size of the sewers at the Junction of the ne~ system to the existing system. A single plat indicating location of sewer lines and water lines shall be a portion of the sewage plans and profiles. The plans shall be signed by a registered engineer and the sever district with the following certification: "I certify that the design of the sewer system in Tract Hap 24135 is in accordance with the sewer system expansion plans of the Elsinore Valley Hunicipal Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed tract". The plans must be submitted to the County Surveyor's Office to review at least two weeks prior to the request for the recordation of the final map. It will be necessary for the financial arrangements to be made prior to recordation of the final Np. Sincerely, EnvironnenCal Realth Services 46-209 O~ Sired, S~ 405 im:l~o, CA 92201 (619) ~,42-8886 IUVERSIDE COUNTY ]1RE D~AR~ IN COOPERATION 1MTI-I THE CALIFORNIA DEPARTMENT OF FORESTRY 2-26-89 TO: ATTN: RE: PLANNING DEPARTHENT ~HRIS ORMSB¥ TRACT 24135- AHENDED tl I~ann~ & ~ Of Sm 40~0 Lmnon S~zt, ~uite I IL Rivmkle, CA 925O1 (714) 787-6606 With respect to the conditions of approval for the above referenced land division, the Fire Department recapends the following fire protection measures be provided In accordance with Riverside County Ordinances and/or recognized fire protection standards: FIRE PROTECTION Schedule "A" fire protection approved standard fire hydrants, (6"x4"x2½") located one at each street intersection and spaced no more than 330 feet apart in any direction, with no portion of.any lot frontage more than 165 feet from a hydrant. Ktnimum fire flow shall be 1000 GPH for 2 hours duration at 20 PSI. Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall conform to fire hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department," The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building utertal being placed on an individual lot. HAZARDOUS FIR~AREA The land division is located in the "Hazardous Fire Area" of Riverside County as shorn on a map on file with the Clerk of the Board of Supervisors. Any building constructed on lots created by this land division shall conply with the special construction provisions contained in Riverside County Ordinance 546. All road medians to be set back 30 feet from curb line at all intersections, Sub~ect: Tract 2~135 All buildings shall be constructed with fire retardant roofing material as described in Section 3203 of the Uniform Building Code. Any wood shingles or shakes shall have a Class "B" ratinS and shall be approved by the Fire Department prior to installation. the ~ecocdation of the final map, the developer shall deposit with the Sl~a~.~l the ~e~el~ge~ ~ ~ ~e~let ~ ~m ~ Chief Fire Department Planner KENNETH I,.. EDWARDS CHIEF I:NII NEER Illl MARKET ITIIIlIET P.O. BOX IOS, TELl:PHONE (714) 7e?.aosl RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT March 27, 1989 Riverside County Planning Department County Administrative Center Riverside, California Attention= Specific Plan Section Chris Ormsby Ladies and Gentlemen= Re= Vesting Tract 24135 Amended Map No. i This is a proposal to divide about 83 acres in the Rancho Cal- ifornia area. The site is to the north of Highway 79 between Margarita Road and Butterfield Stage Road. This project i8 a part of Specific Plan 219, Vail Meadows. The area consists of well defined ridges and natural watercourses which traverse this property. Local offsite flows are tributary to the site's northeast and southeast boundaries. A storm drain is proposed along Pio Pico Road to collect the flows from the southeast. This storm drain would be connected to an existing 120-inch diameter storm drain across the school site to the southeast as shown on the Exhibit B. Another storm drain is pro- posed across the middle of this property. This storm drain would discharge the flows into two existing 42-inch diameter culverts under Margarita Road as shown on the tentative map. Onsite flows and other local offsite flows would be conveyed with streets and the above two storm drains. Following are the District's recommendationss The 100 year offsite tributary flows should be collected and safely conveyed through the site to an adequate outlet. Onsite drainage facilities located outside of road right of way should be contained within drainage easements shown on the final map. A note should be added to the final map stating, "Drainage easements shall be kept free of buildings and obstructions". Offsite drainage facilities should be located within publicly dedicated drainage easements obtained from the affected property owners. The documents should be recorded and a copy submitted to the District prior to recordation of the final map. Riverside County Planning Department Res Vesting Tract 24135 Amended Map No. i -2- March 27, 1989 All lots should be graded to drain to the adjacent street or an adequate outlet. 5. The 10 year storm flow should be contained within the curb and the 100 year storm flow should be contained . within the street right of way. When either of these criteria is exceeded, additional drainage facilities should be installed. 6. Drainage facilities outletting sump conditions should be designed to convey the tributary 100 year storm flows. Additional emergency escape should also be provided. The properry's street and lot grading should be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area, outlet points and outlet conditions, otherwise, a drainage easement should be obtained from the affected property owners for the release of concentrated or di- verted storm flows. A copy of the recorded drainage easement should be submitted to the District'for review prior to the recordation of the final map. Temporary erosion control measures should be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Development of this property should be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. 10. A portion of the proposed project is in a floodplain and my affect "waters of the United States', "wetlands" or "Jurisdictional streambeds", therefore, in accordance with the requirements of the National Flood Xnsurance Program and Related Regulations (44 CFR, Parts 59 through 73) and County Ordinance No. 458~ A copy of appropriate correspondence and necessary permits from those government agencies from which approval is required by Federal or State law (such as Corps of Engineers 404 permit or Department of Fish and Game 1603 agreement) should be provided to the 'District prior to the final District approval of the project. Riverside County Planning Department Re~ Vesting Tract 24135 Amended Map No. I -3- March 27, 1989 11. Major flood control facilities are being proposed. These should be designed and constructed to District standards including those related to alignment and access to both inlets and outlets. The applicant should consult the District early in the design process regarding materials, hydraulic design and transfer of rights of way. 12. All flood control facilities should be constructed to District standards. And all facilities that the District will assume for maintenance will require the payment of a one time maintenance charge equal to the "present worth" of maintenance costs from the time of acceptance through 1998. 13. A copy of the improvement plans, grading plans and final map along with supporting hydrologic and hydraulic calculations should be submitted to the District via the Road Department for review and approval prior to recordation of the final map. Grading plans should be approved prior to issuance of grading permits. Questions concerning this matter may be referred to Robert Chiang of this office at' 714/787-2333. Very truly yours, Robert Bein, William Frost and Associates KENNETH L. EDWARDS HH_hig~ ,Eng~inee~' ~ H. AASHUBA ior Civil Engineer RC~pln January 18.. 1989 Administrative Center * 1777 Atlanta Avenue Riverside, CA 92507 Riverside County Planning ~epartment AttentioW~ Ron Goldman County Administrative Center 4080 Lemon Street. Riverside, CA 92501 Vesting Tract 24135 Ladies and Gentlemens The Land Use Division ~f the Department of Building and Safety has the following comments and conditionss Prior to the issuance of building permits, the developer shall obtain Planning Department approval for all on-site and off- site signage advertising the sale of the subdivision pursuant to Section 19.6 of Ordinance 348. Prior to issuance of building permits, proposed lighting must be in conformance with Mount Palomar Lighting Plan, Zone B, per Ordinance 655. Fireplaces may encroach 1' into required minimum 5' sAde'yard setback. Mechanical equipment may not be located in required minimum 5' side yard setback. Very truly yours, Thomas H. Xngram, Director DEPARTMENT OF BUILDING AND SAFETY Norman A..L.o.~om~' Deputy/~irect~= Land Use Div s~on U arlrninietrati~n /';¶ ~1 RRg.R/:I~fl · (7141 7R7.gftg~t ~rATE CMI= CAUFOINIA--..IU~II*~t'SS, 11ANSPOITATION AND ~ A~NCY DEPARTMENT OF TRANSPORTATION DISTItlCT I, P.O. IOX 231 mo ~4) 3a3.~4~ January 3, 1989 i. JAN G Development Review 08-Rlv-79-17.376 Your Reference= VT 24135 Planning Department ittention.Nr. Chris Ormsby County of Riverside 4080 Lemon Street Riverside, CA 92501 Dear Mr. Orsshy: Thank you for the opportunity to review the proposed Vesting Tract 24135 located adjacent to Hargarita Road and north of Pio Ptco Road in Rancho California. · Please refer to the attached Development Review Form'which documents Caltrans' requirements for this project. Conformance with these conditions is required for issuance of an Encroachment Permit. If any work is necessary within the state highway right of way, the developer must obtain an encroachment permit from the Caltrans District 8 Permit Office prior to beginning work. If additional information is desired, please call Mr. Thomas J. Neville at (714) 383-4384. Very truly yours, .~N. LEWANDOWSKI District Permits Engineer Art. (Your Reference) -- .-. Plan Checker C~TRANSD~R~F~ ME {,/OULD LIXE TO NOTE: '*: Date (Co Rt'e P~) · ~en plans are submitted, please confore to the requirements of the attached *~amdout". ~is will expedite the review process and time required for Plan Check. Although the traffic and drainage generated by this proposal do not appear to have a significant effect on the state highly system, consideration must be given to the c,,,ulative effect of continued development in this area. Any measures necessary to mitigate the ctamlative impact of traffic and drainage shall be provided prior to or with development of the area that necessitates them. / It appears that the traffic and drainage generated by this proposal could have a significant effect on the state highway systeu of the area. Any measures necessar7 to mitigate the traffic and drainage impacts shall be included with the development. This portion of state highway is included in the California Haster Plan of State Highways Eligible for Official ~cenic Highway Designation, and in the future your agency may wish to have this route officially designated as a state scenic high~¥. This portion of state highway has been officially designated as a state scenic highly, and development in this corridor should be compatible with the scenic highway concept. ~ It is recognized that there is considerable public concern about noise levels adjacent to heavily %r~veled highways. Land development, in order to be cornpat. with this concern, may require special noise attenuat~mn measures. Development property should include any necessary noise attenuation. WE REQUEST THAT Tt~ ~ CHECKED BELO~ BE INCLUDED IN THE CONDITIONS OF APPROVAL FOR THIS PROJECT: Normal right of way dedication to provide __ half-width on the state highway. Normal street tmproveaents to provide ~ half-width on the state highway. Curb and gutter, State Standard ~ along the state highway. Parking shall be prohibited along the state highway by painting the curb red and/or by the proper placement of "no parking" signs. radius curb returns be provided at intersec. tions with the state highway. ][-~ndard ~elchair r=.p ~ust be provided in the returns. A positive vehicular barrier along the property frontage shall be provided to limit physical access to the'state.highway. Vehicular mess shall not be developed directly to the state highly. ¥ehicular access to the at~te highly shall be provided by existing public road connections. Vehicular access to the state .~.y. shall be provided.by ~ standard ~ driveways. - -. Vehicular access shall ~ot. be provided within of the intersection at Vehicular .access to the state highway shall be provided by a road-type connection. Fore 8-PD19 (Rev. 5/87) ~Continued on reverse) Date: January 3, 1989 (Co-Rte-PM; {Your Reference) ADDITIONAL COMMENTS: Due to magnitude of this proposal and the constructlcn explos' (residential, commercial), the contract should contribute to all Highway improvements necessary to malntaln the e.xlsting traffl- ~i .... pattern-e.. In addition, it apDear.= that this development is %'ith'_.n Rancho V!llage Asses,=ment Dls:rlct and therefore reccmmen~ .-.ks .... owner ~art~clpa~.~ in the assessments. fcr the t Vehicular access conn ticns shall be paved at least within the state highway right or way. Access points to the state highway shaJl be developed in a manner that ~il1 proviu. sight distance for ~ mph along the s~ate hlgh~ray. Landscaping along the state hlgh~ay shall be lo~ and forgiving in nature. A left-turn lane, including any necessary ~ridentng, shall be provided on the state highway at L/Consideration shall be given to the provision, or future provision, of signalization and lighting of the intersection of I~P~ ~t ~r~ ~_~ and the state highway. A traffic study indicating on- and off-site £1ow patterns and vol~rnes, probable impacts, and proposed mitigation measures shall be prepared. Adequate off-street parking, which does not reqdire backing onto the state highway, shaii be provided. Parking iot shaII be deveIoped in a manner that w/li not cause any vehicuiar moveaent confiicts, inciuding parking staII entrance and exit, w/thin of the entrance from the state highway. Handicap parking shaii not be deveioped in the busy driveway entrance area. Care shali be taken when deveioping this property to preserve and perpetuate the existing drainage pattern of the state highway. Particuiar consideration should be given to cu~uiative increased storm runoff to insure that a highway drainage ~/probIem is not created. ...... ~// Any necessary noise ~.t~J;enuation shaIi be provided as part of the deveiop~ent of this property. ~//Please refer to attachec additional c~ments. WE REQUEST: ./' A copy of any conditions of approval or revised approval. .___~' A copy of any doe~nents providing additional state highway right of way upon recordation of the map. WE REQUEST THE OPPORTUNITY TO REVIEW DURIRG THE APPROVAL PROCESS: ~ Any p~oposals to further develop this p~operty. A copy of the traffic or enviromnental study. ~_/" A check p~int of the Parcel or .~act Hap. __~ A check print of the Plans. for a~.y..~n. prov~ent~ ~ithln the state highway right of _~A check print of the Gradh~g and I~ainage Plans for this p~operty ~en available. Riverside Co. Planning Dept. 4080 Lemon St., 9th Floor Riverside, Ca 92501 The District is responding to your request for comments on the subject project relative to water and/or sewer service. The items checked below apply to this project review. The subject project: / Is not within EHWD's: m water service area sewer service area /Will be required to construct/provide the following facilities if to be served by EMWD: ! t ! ~ewer Service A~y and all necessary regionally sized onsite and offsite gravity sewers and appurtenantworks that might include monitoring manholes, lift stations, force mains, and effluent disposal/use. Sewers will not be allowed along lot lines/private land. Fee payment and participation in regional sewers, treatment, and.effluent disposal must be met. Only wastes acceptable to EMWD regulations will be allowed. '""7 EASTERN MUNICIPAL WATER DISTRICT Planning Department 204~q e .... ','~:-,~g,r~t · Post Office ~xR)00® SanJacinm, Collfornia92)8)-l)00® Telephon¢(714)92%TG7G January 17, 1989 Bozrd of Directors: !~ehard D. 8t~ffey President J~mes P. Dsrby St. Vic~ Pr~.idem Ralph D~ily Doug Kulberg Jon A. Lundin Jeffrey L Minklet T. C. Rowe Officers: Stan T. Mills General M~ager Phillip L Forbes Director of Fin~ce. Treasurer ~om~ ~ M~liester ~ec~r of Opera~ns & ~M~ce Doris V. B~er Db~ Se=e~ McComi~ & ~u ~f~ C~el Riverside County Planning Department 4080 Lemon Street, 9th Floor Riverside, California 92501-3657 Subject: Water Availability Reference: Vesting Tract 24135 Gentlemen: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District. Water service, therefore, would be available upon completion of financial arrangements between RCWD andthe property owner. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management rights, if any, to RCWD. If you have anyquestions, please contact Senga Doherty at (714) 676-4101. FO12/dptlSf Very truly yours, RANCHO CALIFORNIA WATER DISTRICT Bob Lemons, P.E. Acting Director of Engineeripg RANCHO CALIFORNIA WATER DISTRICT 28061 DIAZ ROAD · POST OFFICE BOX 174 a TEMECULA, CA 92390-0174 · (714) 676-4101 · FAX (714) 676-0615 UNITED STATES POST OFFICE DATE: OUR REF: SUBJECT: COMMENTS AND RECOMMENDATIONS TO: · · RIVERSIDE COUNTY PLANNING DEPARTMENT 4080 LEMON ST., 9th FLOOR RIVEP~SIDE, CA 92501 FUTURE MODE OF DELIVERY~ CENTRALIZED CONTACT WITH THE U.S. POSTAL SERVICE IS REQUIRED BY DEVELOPER/BUILDER PRIOR TO CONSTRUCTION FOR DELIVERY TYPE AND LOCATIONS. GROWTH MANAGEMENT COORDINATOR Southern California Edison Company P.O. BOX 410 1OO LONG BEACH BOULEVARD LONG B[ACN. C, AUFO~NIA ~OeOI Riverside County Road Department P.O. Box 1090 Riverside, CA 92502 Attention: Subdivision Section SUBJECT: Vesting Tentative Tract Map No. 24135 Janua=y 20. 1989 Please be advised that the division of the p£ope=t¥ shown on Vesting Tentative T£act Map No. 24135 will not unreasonably tnte£fe£e with the f£ee and complete exercise of any easement(s) held by Southe£n California Edison Coupany within the bounda£ies of said vesting tentative tract map. This letter should not be construed as a subordination of the Company*s tights, title and tnte£est in and to said easement(s), no£ should this lette£ be const£ued as a waive£ of any of the p£ovisions contained in said easement(s) ota waiver of any costs fo£ £elocation of affected facilities. In the event that the development £equi=es =elocation of facil- .ities, if any, on the subject p~opetty by ~ight of easement o~ othe£wise, the owne£/develope£ will be zequested to bea~ the cost of such telocation and provide Edison with suitable =eplacement Eights. Such costs and zeplacement tights a~e £equi£ed p~io£ to the pe£fotmance of the £elocation. If additional [n~o£matton is [squired in connection with the above mentioned subject, please call Dennis C. Bazant at (213) 491-2644. DCB/bjv 16160-24J~C Ve=y tzuly you=s, Robeit Bein, Milliam Fiest & Aisociates DATE: December 28, 1988 ::IiVE:I iDE COUrtCu. PL, nninc DEPARCfilEnC TO: Assessor Building and Safety Surveyor - Dave Duda Road Department Health - Ralph Luchs Fire Protection Flood Contro! District Fish & Game U.S. Postal Service - Ruth E. U.S. Fish.& ¥t]dltfe Services COtJqISSIONER WALT ABRAHAM Davidson · RIYERSIDE COUNTY PARKS EASTERN ,MUNICIPAL WATER COMPANY RANCHO CALIF WATER COMPANY SO CALIF EDISON SO CALIF GAS COMPANY GENERAL TELEPHONE CAL TRANS t8 .. ELSINORE UN]FIE~'~CHOOL~DI~TRiC~;~ TFJqECULA UNION SCHOOL DISTRICT VESTING TRACT 24135 - (Sp Pl) - E.A. 33434 - Bedford Properties - Robert Bein, Willtam Frost & Assoc. - Rancho California Area - First Supervisorial District - Adjacent to~rgartta, N. of Pto Ptco Road - SP Zone - 83.5 Acres into 325 lots - Schedule A - No Waiver - Hod 118 - A.P. 923-230-002 Please review the case described above, along with the attached case map. A Land Division Cmmntttee meeting has been tentatively scheduled for January23, 1989. If it clears, it will then go to public hearing. Your commnts and recmmnendattons are requested prior to January23, 1989 in order that. we.my include them in the staff report for this'particular case. Should you have any questions regarding this item,' please do not hesitate to contact Chris Ormsby at 787-1363. Planner COI,I¢ENTS: The Elsinore Union High School District facilities are overcrowded and our educational programs seriously impacted by increasing student population caused by new residential, cmmerctal and Industrial construction.' Therefore, pursuant to California Government. Code Section 53080 of AB 2926 and SB 327, this district levtes a fee against all new development projects within its boundaries. DATE: 1/4/89 SIGNATURE PLEASE print name and tttle 4080 LEMON STREET, 9m FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787-6181 Dr. Larry Maw, Superintendent 46-209 OASIS STF~EET. ROOM ;:304 INDIO, CALIFORNIA 92201 (619) 342-~. INTI FI-ClII I~AIITMI NT&I. LITTIFI Februar~ 9, Chris Orasb~, Planner, Count~ Planntng ~rc Brevet, Assistant Park Planner, Count~ Pirk~ SUBJECT: Tentative Tracts: 24131, 24132, 24134, 24135, 24136, 24137 Vat1 Headors SP 219/EZR 236 The Riverside County Parks Department appreciates the opportunity to raytaw the above referenced and offers the following COnlnents: Parks and Recreations The Development of the proposed tracts wtll have mtntmal tmpact on extsttng ragtonal park facilities. The County Parks Department also has a county-wide recreation trat1 system. As Indicated by thts department's response to S.P. 219/E]R 235, Hay 25, 1988 and the Planntng Department's conditions of approval October 4, 1988, the developer was to provtde recreation tratls along the south stde of the Pauba Road rtghtoofoway and along the north stde of the De Portola Road right-of-way. The latter ts to cross De Portola Road at the development's western most boundary, follow the boundary due south and extt the stte tnto prtvate property to the west. Tentative tracts 24132 and 24134 wtll tipact the Pauba Road recreation fret1 and tentative tracts 24136 and 24137 vtll tmpact De Portola Road Traf1. The above lenttoned tracts mke no reference to tratls or trat1 easements. The 'Parks Department wtll 'requtre these trat1 locations to be shorn on all tract maps and that they I~t graded tn an &cceptable lanner. The Parks Department also requests that t be Itsted as clearance egenc~ for laps and gradtrig plannings dealtrig wtth this project. Cultural and Hfstortc Resources _lentatlve irect 24131, 24132, z4134, 24135: Conditional approval ts granted for T.T. 24131, 24132, 24134, and 24135 vtth regard to Cultural end Htstortc Resources only. Conditions for Approval: Should any prehistoric or htstortc resources be discovered or uncovered durtng the grading process, all mork tn that area #tll cease unttl the resource ts evaluated by an archaeologist, 'or historian and litigation ts determined and approved by the History Dtvtston of the Riverside County Parks Department and the Archaeological Research Untt, University of California, Riverside. Tentative Tract 24136: Conditional approval ts granted fo~ T.T. 24136. Conditions for Approval: At the ttme of the alignment of De Portola Road the htstortc resource Rtv-3390-H was not knwn. Thts stte was found as a result of the Htstor~ Dtvtston's ortgtnal litigation for conditional approval of the EZR t219 (Ha~ 25 1988). Although Rtv-3390-H ts located south and east of T.T.24136, the realignment of De Portola Road lUSt be resolved before ftnal approval of this T.T.24136 ts gtven b~ the Htstory Division. Tentative Tract 24137: Conditional Approval ts granted for T.T.24137. Conditions for Approval: Street 'A', ~htch cuts south and east off De Portola Road, should not be cut or graded, etc., untt1 mitigation data collection ts completed for Rtv-1728, Rtv-1729 and Rtv-3391-H. T~ tmpact 1 road wtll al three of these sttes at present. Any york tn T.T.24137 must avotd parcel ~6 and Rtv-1728 untt1 all archaeological work ts completed tn that area. The use of heav~ equipment an~Mhere south of De Portola Road must be avotded untt1 all archaeological york ts completed and protective leisures are taken to ensure the safet~ and. future existence of the cultural and htstorlc resources tn that area. Protective leisures should constst of fenctng around Rtv-3390-H, betng sure not to allow fenctng to tipact the stte. All lovable suffice htstortc resources south of De Portola Road should be photographed, recorded and lapped, after ~htch, they may be moved wtthtn the fenced area at Rtv-3390-H. However, the project archaeologist must dtrect and supervise the movement and placement of these resources to Rtv-3390-H to like sure thetr placement vtll not tapact the site. Although T.T.24137 ts vest of Rtv-3390-H, the realignment of De Portola Road lUSt be resolved and the above conditions let before final approval ts granted to the History Division. m/ICM/0376S DiI~AFITMINTAL I. ITTI FI COUNTY OF RIVERBIDE PLANN ! NG DEPARTFIENT January 31, 1989 TO: Chrts Ormsby -Spectftc Plans FR01d: Steven A. Kupferman, Engineering Geologist ~ RE: Tentative Tract 24135 Slope Stability Report No. 89 The following report has been revtewed relattve to slope stability at the subject stte: 'Slope Stability Analysts, Tentative Tract 24135, The Ideado~s at Rancho California, Rancho California, CA,' by Converse Consultants, dated December $, 1988. Thts report determined that: 1. All slopes proposed for the subject tract at or below a hetght of 35 feet ~tll be grossly stable. e Both cut and ftll slopes have a htgh potential materials and resultant surftctal lnstabt1'lty. for eroston of sandy 3. Lo~ strength parameters extst for claystones and siltstones. Thts report recommnded that: 1. 6eologtc Inspection of all cut slopes should be conducted durtng gradtng. 2. Buttress f111s my be requtred for cut slopes wtth adverse mtertals or conditions. e Proposed slopes at the stte should be planted soon after construction and wtl1 require mintchance to perfom In a satisfactory mnner through ttm. Thts report satisfies the General Plan requirement for a slope stability report. The recommendations tn thts report shall be adhered to tn the destgn and construction of thts project. SAK: rd RZVERS%DE COUNTY PLANNING DEPARTMENT NEGATIVE DECLARATION AND NOTICE OF DETERH[NATION . c,..o. EA No. NEGATIVE DECLAP~TION Based on the Initial Study, it has been determined that the proposed project wtll not have a significant environmental effect· PR~ECT DESCRIRT%ON AND LOCATION: ,Fee gztt,~/~d Z~,'L'~, Roger S. Streeter, Planntng Director COMPLETED Case No.(Hod) L/C.</~_ '~u~'/~D. Z~f(~ Land Dtv Sch ~te Suni tted Open Sp~ce Lo~ Existing Zones Changes of Proposed Zones Only Zoning Acreage A~PTED 0 B~rd of Supervisors Person v?ifying adoption ~ ~lannin9 'C~isston ~ ~ning Director D (Other) HEARING BODY OR OFFICER l ard of Supervisors anntng Convission Area Planning Council F1T~nlng Otrector (Other) NOTICE OF DETEPJ~INATION ACTION ON PROJECT I~/~proval OatDe Ot sapproval $Z~' Dev. Ac .~ /c~ O.Sp. Ac ~' Developable Lots ~Z~'Dev.Ac Open Space Lots/? O.Sp. Ac Changes of A. pproved iL I I ! zones Only zones ...... ~ Acreage ~ The project will not have a significant effect on the environment and a Negative Oaclaration has been adopted and may be examined ~t the Planntng Department at the address below. Personvertfy,ngact,on ~(,;,. ~-/~)~1~. ,,tie P/L~?/]/.)T77' RIVERS%DE COUNTY PLANNING DEPARTMENT (f 4080 LEMON STREET, 9TH FLOOR VERSIDEo CA 92501 · lS...3l (b/. 10/83) L COUNTY STAMP qiVE:DiDE councu. -PLAnrliI1C DEPARClTIErlC E]~IIARONMEI~rI'AL ~E~ENT FORM: !](VII~/&~F.J~T~ ~)I~4r$$MENT ~.J~) ~E~b 33434 PROJECT ~ T~lmEM) ~ ~~m) Vestinq Tract 24135 ~ ~ Bedford Propoerties ~ ~ J~R~ONJm~ ImP, EJ~m,ql~G ~ Chris 0rmsby, Planner III L I~OJECT INFORMATION within approved Specific Plan No. 219. 8T~d~ID/IdllD EVAJ. UAI~ON kM:X:)ULE NUMBE~Ks): 11 ~ The site is located m,. "~OTA, L RRO,,~OT ARF. A: ACRES R.t..R ~ ~'S F~J:ICEJ. NO.(m): 923-230-002 D. F. XJ~U~O Z~:)N~40: SP 15 THE F'ROPO5~ IN CONFORMANCE? E. PROD Z(~)MNC): I~ THE PROPOSAl. IN C~:)NFOR&~NCE? F. SRRE_rT REjrERENC~ The site is located East Of Margarita Rd.. in the bJp~tprn portion of Specific Plan No. 219. ~E~C~IlC)N, ~IP, IRd%I~C)~ DE,f~.,RJI~TION OR AI'~AGH A I ~(3)d. DESCRII~TION: Township 8S, Range 2W ~REF ~ OF 11~ ~l)~ rd~NTAL ~ OF THE PROJECT ~ AI~ I/S SURROUNDINGS: The site consists of rolling hills which have been tilled. The site is vacant at present. · (~QMIq~.HE~i~'E ~:NERAL Pt,AN OPEN BPACE AND CONSERVATION DESIGNATION ~ ~~~W~~E~V~ ENYIRONMENTAL HAZARDS AND RESC)URCF.8 ASSESSMENT HAZARDS 4, Y 10. N 11-N 12. N Nrl)ort NOtN (Iqg. IL16.5,11.16.11 IIS U Vl.1)(Fig. VI,3) ~~ pDmlliij ZoneFI 8 PS U R (F~. Vl.4) (~. (Iqo. VL6) (FIg. VLS) l&,,, Y 16. N 2~. H 22. N 23. ,., N (~) U R · VL12 & 1064 AICUZ Report, M.A.F~.) ~lro~d (Fig. VL13 · vl.16) ~) A B C D .(Fig. V1.1,) Highwly Noise (Fig. VIi~17 VI2g) A B C (Fig, V1,11) Other Noise NA A B C D (Fig, V1.11) Project Generated Noise Affecting ~ S~n~lJv~ Uses (Fig, VL11) ~ SeneitJve Proiect (Fig. V1.11) Air C~Jality Iml~ct~ From Project Proj~'t Sen~itive to Air OuaJity Water QuaJify Impacts From Project Project Seneitive to Water QuaJify H~.ardous Mater. s and Wastes ~ Fire )Yea (Fig, VL30- VL31) Other Other ~)7-" In or Nellr In AoWl Pralef~l RE8OURCE8 i)efinlUon8/or LAnd U~ 8ultlblllty lnd Noise Aooeptabillty Rltings NA - NM Ab ~' '1 8 - Genwall), ~L~ll' :~ P8 - Provisionally Suitlble ' u - Genmdy UMulMM n - FleWicid . A - G4f~iv l- CQml~onMy Aomplbb C - (~mmlly ~=ct~ D - Lind Ule DW::oumged I. C)P~J~I~~~¢AllONIAJ-I)~I~LA~m): Apprnv~ ~pe¢ifi¢ Plan e]n ~lq & 1.4/4:)USEPLAN~M~ Southwest Territory Land Use Pl~nn(n0 A~ & BUBd~.A, F ANY: ~ ~~~F~: off Palomar 0bservatorv Street lighting Policies & C:CX~UNll'Y~F~: Southwest Area Plan (under study) & (X)i&CI, iTYKANDESM3NAlIO~m~FANY: 7. BUMMA~OF~AF/:EGqI~~ The comprehensive policies and Dro,iect desiqn component described in Specific Plan project. More specifically, the focus of the applicable policies is on Planning Area 17, which encompasses the entire proposal. ~ al i:m:,lecis, inickme with · yam CY) or no (N) whether any I:XJblic fnoilities and/or Nrvlees issues may $ignffic~qtly affront ~be~ffectecl bylhe propoe. el. M mferMw:~:lr~gum~ereconlair~d inthe C. om~e~ ~ ~. For anyim~,'- PUBUC FACIUTIES AND SERVICES Ci~im~ (F~. N.l-IV.11. Di~ k~ 10J~. ~. W.12 - W.13) k~~) ~ W. le- W.18) WAY- W. lm 11~v ~ Tittim (Ir)O N. IB - N.24/ Riv. CG e00 SciJe Equesthmn Tr~l Mips) Utimlm (Rg. N2S · N.26) LIxIItM {Fig. IV.l? · N.18) ~ ~ (F~. w.~? · rv.18) ILlLB- ILiB.10 & N27 - N36) t. loood~nMlnlmmdmdudy. imbr,,,-F-:*J'(x)rmlml;'dw~ththeWmr~dmmm~m o(~moc)n:OMtmdcx~um IV. ~ U~E DL~EXMiqM10N D. I dl or lid of I. Pn)lecl Ill lB In "~ no{ I~led # Oi)en 8peoe", ind i~ no( In a Comm~ ~, ~te qullik:ml 1, ~ 3, ~ Imcl 7. Cof~ qt_ut~or4 4, 6, ~ Incl 7 I II II In I Gormnunlty Pin. 1. Lmnd ~ c~tegor),gea) nB:BIWB,'y I0 OUl)POd the p~LpomBd projec'L ~ Indicate land ~ type AIK) Indk~te knd u~e type & I D.1 M ~ D.2, wla the daletmol Ix meolved it the Oevelol:xTierlt stage? Eq:)iin: 4. C.,cmmimity Pin the p,,,4x..~J ~W:)le ~ existing and propored eun'oundino land uaes? 2. Ii Iw ,1~,.; D [iF' omekld wlh the deelonation(B)? I not, W Billed on Ii kllll duo'y, lB tll r,,,i~Ol~,t G,~,,-M wl~ h GontoflhWmlvt Odinlt11 Pil~? not, ~J-.InCl by Siclion Ind W Number ~ iliON kilnflying k~or.~itenc!ew: V. INFORMAT10ff SOURCES, FINDINGS OF FACT AND MITIGATION MF. ASURE8 A. Nx)moNN. IfC)RMATION REQULqED BEFORE ENVIRONMENTAL ASSESSMENT CAN BE COMPLETED DATE DATE ADEQUACY ~ECTION/ INFORMATION INFORMATION INFORMATION I~'T~k~IAll~ !~SUE NO. REOUIRED REGU~STED RECEIVED ~S/NOjDATE) 8ECTION/ ISSlJE NO. IIIB.3 HIB.4.8 IIIB.17 SOURCES, AGENCIES CONSULTED, FINDINGS OFFACT, MITIGATION MEASURES: The General Plan designation for land use suitability pertaining to oro,mdchabin0 ~q ctt~tahl~ Pnt~nf(~l ~m~rtq ran h~ mitigated tn an acceptable level throuqh conformance with the Uniform Building Code and County ordinances. Potential siqnificant impacts related to slopes and erosion includes the visual appearance of permanently altered land forms, severe erosion of unprotected slooes and oosstble slope instability. The potential impact pertaining to visual appearance is mitigated by Development Standards outlined in Section IIIA.6 of Specific Plan No. 219. The potential for erosion is being studied in a slope stability study and the development of specific reqgtrements for alluvtal/colluvtal removal at the tract staqe. Temporary groundcover will be provided to prevent erosion during the construction phase as indicated in £IR No. 235. Potential noise impacts will be determined by noise studies to be ~nndtJcted ~lnng rn~dw~qy~. Mitigation will include heiqht of atte~ion wall and any other recon~nended by the noise study. Monitoring and r~pnrt(r~ iq req~tred. V. INFORMATION IK%tRCE& FINDINGS OF FACT AND MITIGATION MEASURES (continued) SOURCES, AGENCIES CONSULTED, FINDIN(~$ OF FACT, MITIGATION MEASURES: 1II8.18 A statement of overriding findings was adopted by the Board of Supervisors for cumulative effects on air quality Which cannot be fully IIIB.26 mitigated. Although a small portion of the Site has soils suitable for agriculture based on the General Plan, it was determined in EIR No. 235 that there would be no significant impact due to the loss of agricultural land. The ~ite tt within the historic range of the Stephens' Kangaroo Rat. A biological report prepared for The Meadows Specific Plan (SP 219) indicated that nnne nf the ~pecie~ were located on the ~ite nf the tract. Therefore. no mitiqation was required. I'VR 1 ,':t.Q, Tha (~,,a~ hava haan d(~rtlt~pd and mddrp~ad (n ~parifir Plan No. 2]9. Correspondinq environmental review is thoroughly discussed in EIR rio. 235. Impacts have been reduced to an acceptable level. Vl. ENvLqONMENT, M,. IMPACT DETERMI._NAT~0.N: .... !~'1 11~ p~iKI mdm nol lave m ~ dlmd m lu endmnnmet md& Negabye DeclaraUon may be The proJKI mould ~ m iigfillicad liPael ~ Ihl environmerit; hc, v. iar. Ihem ~ no( be · ~lgnifir. mnt e~ In Ihim m, tm,vmm the ml~ ~muumm demtmd in hcUm V ~ been rapplied Io the i~ m4 m Nm~ ~ my be pm~. I~: .,~ r. ~: January /~/ 1989 ~~ Chris 0~by ~ CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT FINAL VESTING TRACT NO. 24135-1 DATE February 23, 1991 FAITHFUL PERFORMANCE SECURITY IMPROVEMENTS Streets and Drainaqe $ 978,500.00 $ 132,000.00 $ 197,500.00 $ 1,308,000.00 Water Sewer TOTAL *Maintenance Retention (10% for one year) *(or Bonds if work is completed) Monument Security City Traffic Signing and Striping Costs RCFC Drainage Fee Due Signalization Mitigation Fee - SMD #9 Road and Bridge Benefit Fee Other Developer Fees Plan Check Fee Due Inspection Fee Due Monument Inspection Fee Fee Paid To Date (Credit) Total Inspection/Plan Check Fees Due MATERIAL & LABOR SECURITY $ 489,500.00 $ 66,000.00 $ 99,000.00 $ 654,500.00 $ 130,800.00 $ 35,500.00 $ -0- $ -0- $ 14,100.00 $ -0- $ -0- 43,441.06 51,585.46 1,147,58 96,174.10 A: 24135-1.FTM ITEM NO. 9 APPROVAL CITY ATTORNEY ~ FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Engineering Department ~ May 21. 1991 Final Vesting Tract Map No. 24136-1 PREPARED BY: Douglas M. Stewart RECOMMENDATION: That the City Council approve Final Vesting Tract Map No. 24136-1 subject to the Conditions of Approval. DISCUSSION: Tract No. 24136 was originally submitted to Riverside County Planning Department on January 3, 1989. The Tentative Vesting Tract Map was approved by the Board of Supervisors on May 23, 1989. Final Vesting Tract No. 24136-1 contains 101 residential lots within 23.68 gross acres. The tract is located south of Montelegro Way and east of Margarita Road. This tract is part of The Meadows Specific Plan I SP 219) and Development Agreement No. 4. The applicant is Bedford Properties. The following fees have been paid or deferred for Final Vesting Tract Map No. 24136-1' Signal Mitigation Fee (Deferred to Building Permits) Fire Mitigation Fee (Deferred to Building Permits) Stepben's K-Rat Fee $ 15,150.00 40,400.00 46,176.00 A:TM24136-1 1 Requirement of Quimby fees (Park Fees) is not listed in the County of Riverside Conditions of Approval for Final Vesting Tract Map No. 24136-1, however, past City actions have determined that clauses within a development agreement provide latitude to require park fees. Staff is recommending adoption of a condition requiring payment of Quimby fees. This is not considered a new condition, but a clarification of existing requirements. The following bonds have been posted for Final Vesting Tract Map No. 24136-1: Faithful Labor and Performance Material Street and Drainage Water Sewer Survey Monuments $636,500.00 160,500.00 141,500.00 $32,500.00 $318,500.00 80,500.00 71,000.00 FISCAL IMPACT: Not Determined. SUMMARY: Staff recommends that the City Council APPROVE Final Vesting Tract Map No. 24136- 1 subject to the Conditions of Approval and the following condition: The Quimby fee shall be paid as required by the City of Temecula Community Services Department. BY:ks Attachments: 1. Development Checklist 2. Location Map 3. Copy of Map 4. Conditions of Approval 5. Fees & Securities Report A:TM24136-1 2 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST Final Vestinq Tract Map No. 24136-1 The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan (K-Rat) Parks and Recreation (Quimby) Public Facility (Traffic Mitigation ) Public Facility (Traffic Signal Mitigation ) Public Facility ( Library ) Fire Protection Flood Control IADP) Condition of Approval Condition No. 26(b) Not Conditioned, See Staff Report N/A See Road Department Letter Dated 4/17/89, N/A See Fire Department Letter Dated 2/24/89 Condition No. 14 Item 22 A:TM24136-1 '" ;I 1R a4i~i IR-~,~i,~, IR-~;,i.~ i LAND USE .__.I 'TR24134IR24135 1R2415(I 'IR24137 :- ~"/ ............... %" ' ~ '1- .~:' '" .,, :'" VAC TURF .. '.~. VAC RANCH X/i £1t,,,i iTy L MAI?i~AI~17',4 ROlo June 8, 1989. 'tlVI:'S31L/K q q /uI IL . PL, nnin DEP, RCI EnC TO: Surveyor Road 8ulldtng & $afet~ Flood Control Hellth Fire Protection RE: I~NTAT]VE VEST]fiG TRACT HAP NO. 24136 Amd. 1 SPECIFIC PL/~IS TEAH The Riverside County Board of Supervisors has taken the following action on the above referenced ~entatlve vesting map: __xAPPROVE) tenterlye mp subject to the attached conditions (no watver request sulmltted). DEIlIEO tentative mp bnsed on the attached findings... APPROVE) tentative mp subject to attached conditions and DENXED request for ~11ver of the ftnal J~oPRDV~) tentative mp led APPROVED request for wetvet of the ftnal mp. APPROVE) Extension of Ttm to "' previously approved conditions. APPROVED Extension of ~!~ tot · previously approved conditions. ' ' ' ',': ,'. DEIt/ED Extension of Ttm / ~',r',' :i ~ / ;? i:' APPROVE) ~ltblrewal of tentative mp. subject to all subject to a11.- AI~ROV£D #lnor Change to revtse originally epproved conditions as "--(attached). shorn __i~]E~request for #1nor Change. RPPROVE) Hfnor Change to vatve the ftnel map. Ver~ truly yours, JUN 1 Ron Goldman, Principal Planner RIVERSIDE COUNTy ~OAD DEPARTMENT 4080 LEMON STREET, 9TM FLOOR RIVERSIDE,'CALIFORNIA 92501 (714) 787-6181 46-209 OASIS STREET, ROOM 304 INDIO, CALIFORNIA 92201 (619) 342-8277 ~~~~ S=B~XTJmL~: Nay 15, 1989 VESTING ~ NO. 2413! /~d. No. i - V~STING TRACT. NO 24132 /~d. No. 2 - VF~TING ~ACT NO. 24133 Amd. NO I- %~TING ~RACT NO. 24134 7~d. No. I - NEST/I~ ~ NO. 24135 ;~d. No. I - NTSTING ~RACT NO. 24136 7~d. No. I - %~TING TRACT NO. 24137 /~d. No. 1 - Bedford Properties - Supervisorial District 1 - Pancho Califoznia Az~a - 698.1 A~xes 2,519 lots - Schedule A- SP Zoning P4~IVE AND FILE the above men~ic~ed case acted ~ by the Planning C~,,,~ssion ~ April 12, 1989. PLANNING 0C~SSI(~t: ADOFR~ ~e Negative Declaration for En~tal Asses.~_nt Nos. 33433, 33470, 33383, 33469, 33434, 33413, and 33414 based on the findings incorporated in the environmental assessment and the conclusion that the proposed project will not have a significant effect c~ the en~t; and P, SS: CO: gs m~. Cemme. m Dkt. AGF. NDA NO. 11A NT NO'S 24131, 24132 24133, 24134, 24135, 24136 24137 April 19, 1989 Page 2 APPBOVED VE~TING TEI~ATIVE TRACT NO 24131 /~d. No. 1, subject to the attached conditions and based oo the findings and ocmclusions ~corporated in the Plannihg C~,,..~ssic~ minutes dated April 12, 1989; and, APPBOVED V~TING TE2~TIV~ TRACT NO. 24132 /~ud. No. 1, subject to the attached cc~ditions and based c~ the findings and cc~cluszons /ncorporated in the Planning C~,,,.~ssio~ minutes dated April 12, 1989; and, APPROVED VE~TING TEIF~%TIVE TRACT NO. 24133 ;~nd. No. 2, subject to the attached conditions and based on the fir~{.ngs and conclusions incorporated in the Planning C~,~.~ssion m/nutes dated April 12, 1989; and, APPROVED VESTING TEIqTATIVE TR~LT NO. 24134 ;~d NO. I subject to the attached oooditions and based on the f/ridings and conclusions incorporated in the Planning C~,,,.issicm minutes dated April 12, 1989; and, APPBOVED VEL~ING TE2~/~TIV~ TRACT NO. 24135 /%md NO. 1, subject to the attached oc~d/ti~ and based o~ the findings and oc~clusions incorporated in the Planning C~,,,.~ssioo minutes dated April 12, 1989; and, APPROVED VF~TING ~F~tT~ TRALT NO. 24136 /~d No. 1, subject to the attached oonditicxm and based c~ the findings and conclusions incorporated in the .Planning Oa,~issio~ minutes dated April 12, 1989; and, APPBOVED NESTING ~TATrv~ TRACT NO. 24137 /~d. No. 1, subject to the attached oo~titio~s and besed o~ ~ fim~ngs and oo~clusions 1989. RIVERSIDE COUNTY PLANNING COI~ISSION gINUTES APRIL 12, 1989 (AGENDA ITEM 5-4 - Reel 1025, Stde I and 2 - Tapes No. 3A, '3B, 4A) VESTING TRACT MAP NO. 24131 - EA 33433 - Bedford Properties - Rancho California Area -Ftrst Supervtsortal Dtstrtct- easter]y of ~rgartta Rd, southerly of Pauba Rd - 441 lots - 105.4~ acres - SP Zone - Schedule A wtth VESTING TRACT I~P NO. 24132 - EA 33470 - 223 lots - 90.2~ acres - SP Zone - Schedule A and VESTING TRACT Ira2 NO. 24133 - EA 33383 - 693 lots - 153.7~ acres - SP Zone - Schedule A and VESTING TRACT KRP NO. 24134 - EA 33469 - 310 lots - 91.2~ acres - SP Zone - ~chedu]e A and VESTING TRACT ~ NO. 24135 - EA 33434 - 325 ]ors - 83.5~ acres - $P Zone -Schedu]e A and VESTING TRACT NAP NO. 24136 - EA 33413 - 400 lots - 9~.8t acres - SP Zone - Schedule A and VESTING TRACT It~ NO. 24137 - EA 33414 - 147 lots - 64.3~ acres - SP Zone - Schedu]e A Heartrigs were opened at 3:30 p.m. and were closed at 4:19 p.m. STAFF RECOMMENDATION: Adoption of the Negative Declaration for EA Nos. 33433, 33470, 33383, 33469, 33434, 33413, and 33414 and approval of Testing Tentative Tract Nos. 24131 Amended No. 1, 24132 Amended No. 2, 24133 Amended No. 1, 24134 Amended No. 1, 24135 Amended No. 1, 24136 Amended No. 1, and 24137 Amended No. I based on the findings and conclusions listed tn the staff report. Staff advised that the vesting tracts are to Implement the western portion of The Meadows Specific Plan (SP 219), which ts located east of Margarita Road, west of Butterfield Stage Road, north of Highway 79 and south of Pauba Road. The proposal ts to subdivide approximately 698.1 acres Into 2,529 residential lots and 100 open space lots/school sites. Zoning on site ts SP. Surrounding zoning ts SP, R-R, R-A, R-a-2b, R-A-S, A-1-10 and C-P-S. The site consists of rolling terrain except for the southern portion which ts flat, and ts vacant with the exception of a portion of Vesting Tract 24137, which has some percolatton ponds. The site had been used for dry farming where topography permitted. The site ts located near other adopted Specific Plans such as Vail Ranch (SP 223) and Redhawk (SP 217) to the south, as well as approved tracts to the east. The proposed development conforms wlth the residential densities and destgn standards of the speclftc plan. Vesttrig Tract 24131 wtll dtvtde 105.4 acres tnto 440 stngle famtly lots, wtth 13 open space lots, and was amended for a etnor redesign of the tract to facilitate circulation.* Vesttng Tract 24132, Amended No. 2 proposes to dtvtde 30.2 acres Into 214 stngle famtly lots Mth 11 open space lots Including an elementary and Juntot high school stte. The tssue of slope stability was a concern of all the tracts and ~as revtewed by the County $eologtst. Vesting Tract 24133 proposes to dtvtde 163.7 acres tnto 693 stngle famtly lots and 23 open space lots and has an extensive paseo system ~htch 11nks to an acttve recreation area. The Ftre Department was concerned about Internal. circulation and worked to avotd curttrig through the paseo area. The cross secttbns of the greenbelt/paseo area 1s on file. Vesttrig Tract 24134 roposes to dtvtde 91.2 acres tnto 311 stngle famtly lots and 19 open space ors, whtch tncluded a 2.5 acre lot for a day care center. Vesttrig Tract Map 24135 proposes to dtvtde 83.5 acres tnto 325 stngle famtly lots and 19 open space lots. Vesttrig Tract ~p 24135 proposes to divide 99.8 acres tnto 400 41 RIVERSIDE COUNTY PLANNING CONMISSZON MINUT£S APRIL 12, 1989 stngle famtly lots and 8 open space lots. There ts a hlstortc stte on thts map and on Tract 24137 and a letter on thts stte was Incorporated wtthtn the staff report. All concerns have been resolved. Tract 24137 proposes to dtvtde 64.3 acres tnto 146 stngle famtly ]ors, a 9,1 acre commercial lot and 7 open space lots. A liquefaction study ms prepared for thts tract and was revtewed by the County (;eologtst to hts satisfaction. Staff modtfted the conditions of approval as follows: Condttton'$8-e for Tracts 24133, 24134, 24135 and 24137: "Trash btns, loading areas and Incidental storage areas located In recreation areas shall be located away and visually screened from surrounding areas with the use of block walls and landscaping." Condition 18-f amended to read "btke access to recreation areas." Condition 21 to be replaced by standard language for the property owners association maintaining the common areas rather than the strict CSA requirements. · Condition 26-a shall be deleted since none of the tract areas are in the study area for the Stephens Kangaroo Rat or within the known occupied habitat. Condition 26-c should be mdifled to read: Prior to issuance of butldin~ rather than grading pemtts. Condition 29 should be added to all the tracts, referring to the CEQA monitoring of the mitigation measures. Comntsstoner Beadling said that there is 100 acres either for schools or open space. She asked if they took the school sites out, how much open space would they have. Staff advised that there are 243 acres devoted to recreation and open space outside of the school sites. Commissioner Beadling asked whether there was a provision for a clubhouse, and staff advised that there are plans for recreation centers within the plan. Staff will receive plot plans for the open space areas. Lee Johnson, Road Department, advised that item No. 4 for Tract 24133 should be amended to read4_~/66 instead of 44/66. TESTIMONY OF PROPONENT: Mike Rymn, Bedford Properties, 27405 Ynez Road, Rancho Caltfomta, said that they concur with the staff report and all conditions of approval except for one. He said-that the condition appears tn all the tracts. They would like added to item 16 of the Road Department letter dated Mmrch 7, 1989 'or as approved by the Road Commissioner.' Mr. Johnson concurred with that proposed amendment. 42 RIVERSIDE COUNTY PLANNING COI~ISSION MINUTES APRIL 12, 1989 TESTIMONY OF OPPONENTS: Felix Prohendr, P. O.Box 1150, Temecula, said that all hts coanents related to the tssue of wastewater disposal, tn particular, the Eqstern Huntctpal ~ater District/Rancho California ~ater Reclamation Factltty (hereafter called the E&stern Sewer Plant). He had hts assistant present a sertes of transparencies which Mr. Probandt used to Illustrate hts points. His residence ts located at 43789 Rendova Place. Mr. Prohendr said that the transparencies are generally of documents'~hat the Commissioners have already received, and he emphasized the Information found tn those documents. Mr. Probandt satd that the conditions of approval tnclude a condition that the environmental assessment shall uttllze the evaluation of tmpacts addressed tn the EIR prepared *for Spectftc Plan No. H19. Under 'Impacts' the Information was provtded that the project wtll generate approximately 1.81 mtlllon gallons per day average peak dry weather sewage flow, and that the peak dry weather sewage flow ts estimated to be 3.08 m111ton gallons per day to be treated by the Eastern Sewage Plant. Another document states that the stte 11es wtthtn the Jurisdictions of the Rancho California ~ater Otstrtct and the Eastern Municipal ~ater District. He satd that Eastern, not Rancho, wt11 provtde sewer servtce. The San 53 letter has remarks whtch state that prtor to the first LOC, the attached requested Information ts to be Introduced to the E.H.S. The Health letter dated August 9, 1988 to the Rancho .California Nater 0tstrtct discussed the 'wtll service' letter. He noted that atyptcal response to a Health Department letter was 'yes' to the question of whether there was adequate capacity. Eastern Municipal ~ater Dtstrtct's response to a 'will serve' letter has a statement that 'servtce might be precluded by the San Otego Region ~ater Qualtty Control Board.' A second copy of a San 53 has the statement that sewer may requtre off stte sewer facilities subject to the treatment plant capactty of the San 01ego Regtona1 ~ater Quallty Control Board. The San Otego ~ater Board's Order No. 88-94 had to do with discharge specifications and certatn difficulties Eastern was experiencing tn discharging whtch was tn violation of the 'bastn plan' as well as capacity. Order No. 88-101 was tssued for a ttme schedule for the Eastern Nuntctpal Water Otstrtct to recttfy the problems. He said because of the agreement wtth Camp Pendleton and the Rancho District, Eastern ts being allowed three years to work out the violations, but they can only go to three mt111on a day, and tn order to be able to discharge three mt111on gallons, they must comply with certain report dates for the next three years. The report concludes that Eastern shall submtt to the Regtona1 Board on or before each compliance date a Report of C~npllance or Noncompliance with each task. The last page was a table whtch Indicated that the tracts average peak sewage flow comes to 0.788million gallons a day (#GO). He potnted out that water ts Introduced to thts flow to dtlute tt. The monthly repor~hows an average of 2.260 mt111on gallons by the end of February, wttha mxtu of 2.423 #GO. He satd that under the present operating status of the Eastern Water District, there ts no reasonable assurance that Eastern wtll be able to treat and discharge the wastewater flows comtng out of the subject tracts for whtch environmental assessments are tn question. 43 RZVERSXDE COUNTY PLANNXNG COMHZSSZON MZNUTES APRTL 12, 1989 Mr. Probandt said that EZR 235 for $P 219 was defective because Information that could not have been known at the time of the EIR was certified as complete. The San Dtego Regional Board Orders and the action by the Rancho California Board and the I~rtnes all took place subsequent to the October 1988 Board of Supervisors approval of the subject EZR. No negattve declaration can be tssued because there exists substantial evidence that each project or tract in question may have a significant effect on the environment. The review process presented was tn violation of due process and that the pertinent a9ency (the Departn~nt of Health) dtd not follow 1rs own rules tn the approval process. Comntsstoner Beadltng satd that what was basically betrig satd ts that the plant ts at capacity now and this project cannot be Included. Mr. Probandt satd that Eastern ts tn violation of the bastn plan. The kmter code of the State of California has a 11st of rules'which allows any member of the publlc to protest an order of the Board. One of the procedures was to protest to the State Water Resources Board. He satd that by the ttme thts project ts bullt, he didn't belteve that he can be assured that the project will not be tn violation of the 3 MGD. Commissioner Beadltng asked whose responsibility thts 1s. Mr. Vtckers said that Eastern indicated that they had the capacity and would serve these tracts. Commissioner Beadling noted that from what Mr. Probandt is saying, Eastern cannot provide the capacity. Mr. Vtckers said that that statement could be subject to a dispute by Eastern. They cannot sit in Judgment of whether or not Eastern is or is not in violation. That issue would have to be heard in San Diego before the Water Quality Control Board down there. What the developer has is a letter from Eastern Municipal saying that there is capacity. Mr. Vtckers advised that they should not be substituting their Judgment for either Eastern or the Water quality Control Board over whether or not there is capacity. Conrntsstoner Purvtance said that he did not believe thmt this was in the purview of the Con:ntsston, to check whether there are proper assurances from the proper agencies. However, if the San Diego RWQCB say that Eastern is persisting in violating the basin plan, it would seem as if the WOCB has the power to tssue m cease and desist order which would prohibit them from allowing more hookups or whatever other mctlon th~ choose to take. CoMmissioner Bresson said thmt there is m Mello Roos in that area, but he did not know if part of that district was for the development of a sewage plant, He felt that Eastern has a obligation when they wrote their letter saying that they have capacity, m~d the Co~isston has to consider that Eastern will do it. ]f Eastern gets additional cap&city, there is no problem~ if not, then Eastern and the developer will have a problem. The Co~tsston has to go by what docmentatton 1s given them. Mr. Probandt said that he was alleging that the developer cannot get capacity because of Eastern's own statements. He said that what he was trying to show RIVERSIDE COUNTY PLANNING COI~ISSION MINUTES APRIL 12, 1989 with the transparencies of the documents ts that the statement fram the Health Oepartment has a 'yes' check for capacity, but that does not mean anything. What does mean something is the letter Eastern sent dated 12-19-88 which states that 'service might be precluded by RWQCB-50.' Mr. Probandt said that if this project develops further, Eastern tWto11 testify that this is not a binding commitment, and is not a contract serve. The point he is saying is that the developer cannot get a negative declaration if there exists substantial evidence that the project, in this case the tracts, will have a significant envtronmenta] impact. Therefore, he was presenting the information in that context. Mr. Vtckers asked tf sewage was a part of Specific Plan 219 and EIR 235 and were mitigation measures a part of that. Staff advised that it was. Mr. Vtckers pointed out that added to the conditions today were conditions regarding environmental monitoring and recording. Con~ntssioner Beadling said that she was concerned that the developer wtll grade the land, then find that he cannot build. What they will end up with is land that has been disturbed and is subject to erosion. Mr. Probandt said that he moved onto his property after the Board approved the specific plan. He would have been at these hearings before this, had he moved into the area earltar. He is trying to establish evidence that these tracts may have a significant impact on the environment in order to get this problem resolved. Mr. Vtckers said that the environmental findings in the EIR address the issue of sewage and the mitigation of that problem. He noted that a condition was added today for monitoring and reporting, and advised that the development could be stopped at various stages if it is not at the right level. ¢onetsstoner Purrlance said that he did not belteve it was the Commlsslon's role to make the determination that Mr. Probandt wants. Whether or not the developer is following the requirements of the Regtona1 Water Qualtty Control is between the developer and that agency. Mr. Probandt reiterated that this is an environmental assessment that is being considered and the Commission cannot issue a negative declaration under these circumstances based on substantial evidence that this project may affect the environment. Commissioner Purrlance advised that County Counsel is saying that the plan calls for these things to be mitigated and that the conditions have been amended so the project is monitored. Therefore, the negative.declaration is perfectly legal. The hearing was closed at 4:19 p.m. FINDINGS AND CONCLUSIONS: Seven Tentative Vesting Tract Nos. 24131, 24132, 24133, 24134, 24135, 24136 and 24137 have been submitted; the subject tracts mre located entirely within adopted Specific Pl&n No. 219; the seven vesting tracts have been designed to the development standards of Adopted Specific Plan No. 219; Environmental Assessment Nos. 33433, 33470, 33469, 33434, 33413, and 33414, based on the findings of Environmental impact Report No. 235, prepared for Specific Plan No. 219, indicate that the environmental impacts can be avoided or mitigated to an acceptable level, except for cumulative Air Quality tmpacts, ~htch cannot be fully mitigated; a statement of Overriding Findings 45 RIVERSIDE COUNTY PLANNING COM/4ISSION MINUTES APRIL 12, 1989 for cumulative Air quality impacts was approved by the Board of Supervisors on October 4, 1988; and, Development Agreement No. 4 has been recorded for Specific Plan No. 219. The proposed tracts conform to Specific Plan No. 219; conform to the requirements of Ordinance Nos. 348 and 460; based on the enytronmental determination mde in.Environmental Assessment Nos. 33433, 33470, 33383, 33469, 33434, 33413, and 33414, the subject vesting tracts will not have a significant effect on the environment, with the exception of cumulative Air Quality impacts which cannot be fully mitigated; and, the ahovo r-'erenced EnvtronmentaJ Assessments include the Statement of Overriding Findings for cumulative Aft Quality impacts approved by the Boar of Supervisors on October 4, 1988, therefore, the environmental impacts have been mitigated to an acceptable level through project design and the conditions of approval. MOTION: Upon motion by Commissioner Bresson, seconded by Commissioner Beadling and unanimously carried, the Commission adopted the Negative Declarations for EA Nos. 33433, 33470, 33383, 33469, 33434, 33413 and 33414 and approved Tentative Tracts No. 24131 Amended No. 1, 24132 Amended No. 2, 24133 Amended No. 1, 24133Amended No. 1, 24134 Amended No. 1, 24135 Amended No. 1, 24136 Amended No. 1, an" 24137 Amended No. 1 subject to the amended conditions of approval and bast n the above findings and conclusions. In answer to Commissioner Bresson, Mr. Vickers advised that on the previous item, the Development Agreement was in place. These are new vesting maps within the Specific Plan. 46 Zoning Ar~a: Rancho CA1 ~ ~ornia Super~sorial District: First E.A. N~ber: 33433, 33470, 33383, 33469, 33434, 33413, 33414 Specific Plan Section Vesting Tract Nos.: 24131 Amendment No. 1 24132 A~endment No. 2 24133 ;~endment No. 1 24134 Amendment No. 1 24135 Amendment No. 1 24136 Amendment No. 1 24137 ~en~ent No. 1 Planning Commission: 4-12-89 ~enda Item No.: 5-4 O 'o ;~plicant: ~gineer: Type of Request: Bedford Properties 4. Location: Robert Bein, William Frost & Associates 5. Existing Zone: 6. To subdivide 698.1 acres' into sev~n vesting tracts (24131, 24132, 24133, 24134, 24135, 24136, and 24137) consisting of 2,529 residential lots and 100 open space lots/school sites. The tracts are located within the Meadows Specific Plan (No. 219). The site is in the State Highway 79 corridor in the Rancho California area of Southwestern Riverside Cxmmnty. Specifically, the subject tracts are located east of Margarita Rd. and w~st of Butterfield Stage Rd., immediately north of Highway 79, and south of Pauba SP, R-R, R-A, R-A-2 1/2, R-A-5, A-1-10, ¢-P-S 7. Site O~cteristics: ~e sate of the subject tracts consists of rolling te~{n except for the southern portion of the sate, which is flat.' ~he sate h~, been used for dry faxming ~ the topog~y pexmitted. With the exoeption of percolation ~o~ds on & portion of Vesting Tract 24137, all of the sate is waoant. StaffSport Vest/ngTractNos. 24131AmendedNo. 1 24132~nendedNo. 2 24133;m~ndedNo. 1 24134/~endedNo. 1 24135/%~endedNo. 1 24136~mendedNo. 1 24137~mendedNo. i Page 2 8. Area (]~racteristics: Ompre~ensiv~ General Plan Designation:. 10. Land Division Data: The sev~n subject v~sting tracts are located in Southwestern Ri~_rside O0unty in the Pancho California area. Specific Plans, such as Vail Ranch (Specific Plan 223) and Redhawk (Specific Plan 217) to the South as w~11 as approv~i tracts to the east. lAND USE: /%dopted Specific Plan No. 219 24131 1~ NO. I 105.4 24132 /%mO. No. 2 90.2 24133 Amd. No. I 163.7 24134 Amd. No. I 91.2 24135 ;~d. No. I 83.5 24136 Amd. NO. I 99.8 24137 Amd. NO. I 64.3 15, 22 30, 31,32 16,19, 20, 21 18, 33, 34 17 8 1, 2-a TOTALS 698.1 Tract No. 24131 /%~enckp. nt No. I Road Dep~t.,t=nt: a~alth Flood (kaYcrol: Fire l~,il~Ing and Safety: Ra.,-ised Road Dept.: 3-07-89 3-20-89 3-27-89 2-27-89 1-18-89 4-14-89 OPEN SPAC~. SIN~R FAMILY ~IAL LOTS/SOKX)L LOTS LOTS SITES 440 0 13 214 0 11 693 0 23 311 0 19 325 0 19 400 0 8 146 I 7 2,529 I 100 See letters dated: Tract No. 24132 ~mendment No. 2 Road Department: 3-06-89 !tealth Depa~,~t: 3-20-89 Flood Oo~trol: 3-24-89 Fi~s Depa~ ~,~'~t: 3-21-89 Buitding and Safety: 3-06-89 Revised Road Dept: 4-17-89 Vesting Tract Nos. 24131 ~mended No. 1 24132/%mendedNo. 2 24133~mendedNo. 1 24134/%mendedNo. 1 2413514mendedNo. 1 24136~mendedNo. 1 24137AmendedNo. I Page 3 Tra.ctNo. 24133AmendmentNo. i Tract NO. 24134 ]~endment No. I Road De~t: Health De~t: Flood Control: Fire De~t: Building and Safety: 3-06-89 2-27-89 3-27-89 2-24-89 3-06-89 4-17-89 Road Depaa U;~nt: Health Depa~U,~nt: Flood Oo~trol: Fire De~t: Building ~nd Safety: Revised ~oad Dept.: 3-06-89 3-20-89 3-27-89 2-24-89 3-06-89 4-17-89 Tract No. 24135Amen~entNo. 1 TractNo. 24136A~_ndment No. 1 Road Deps=U,ent: Health Depa~U,'ent: Flood Control: Fire Depa~ U,~nt: Build/rig and Safety: Revised Road Dept.: 3-06-89 2-27-89 3-27-89 2-24-89 3-06-89 4-12-89 Road Depax~,~nt: Health Depa~U,ent: Flood Control: Fire Dep~ t~nt: Building and Safety: Revised Road Dept.: 3-06-89 2-27-89 3-27-89 2-24-89 3-06-89 4-12-89 Tract No. 24137 Amendment No. 1 Road Department: H~lth Department: Flood Control: Fire De~t: Building and Safety: Oount~ Geologist: ~evised ~oad Dept.: 3-07-89 2-27-89 3-27-89 2-24-89 3-06-89 1-30-89 4-12-89 Project Seven Vesting Tentati~ Tracts ha~ been filed within adopted Specific Plan No. 219 (~he Meadows). Vesting Tentat/re Tract No. 24131 proposes to divide 453 lots c~ 105.4 au~. Vest/z~ Tentati~ Tract No. 24132 will divide 214 In the interior of the Specific Plan, Vest/rig Tract NO. 24133 consists of 716 lots t~ 163.7 acres. Vest/rig Tract NO. 24134, located in the ~orthwest cozner of the Specific Plan azma, will divide 91.2 acres into 330 lots. Vesting Tract No. 24135, located inthewesternmostportic~ of the Specific Plan, includes 344 lots ~ 83.5 acres. Vest/rig Tract NO. 24136 will divide 99.8 acres into 408 lots. Finally, Vesting Tract No. 24137, in the southwestern portit~oftheSpec2~£c Plan adjaoenttoHi~hway 79, proposes to divide 64.3 acres into 154 lots. Ve~t/ngTractNos. 24131~mendedNo. 1 24132~ndedNo. 2 24133~mendedNo. 1 24134~mendedNo. 1 24135~mendedNo. 1 24136~mendedNo. 1 24137~_ndedNo. I Page 4 ~ack~ound Specific Pla~ No. 219, adopted by the Board of Supervisors c~ October 4, 1988, /ncludes 5,611 dwmlling units c~ 1389 acres. The se~.n tracts impl~nt the ~stern portio~ of the Specific Plan. En~tal Impact Report No. 235 assessed the full range of environmental concerns associated with the Specific Plan. All identified potential impacts, excegt for cumulative effects on air quality, ~ reduced to an acceptable level through mitigation measures incorporated into the project, conditions of approval and project design. The en~tal impact report is the basis for the environmental assessments for the subject tracts. Environmental Assessment Nos. 33433, 33470, 33383, 33469, 33434, 33413, and 33414 indicated that all potential impacts for the tracts can be mitigated to an acceptable lev~l. Project Oonsistencywith;~k~tedSpecific Plan The subject tracts w~re thoroughly r~view~d for omsist~ncy with Adopted Specific Plan NO. 219. The residential densities and layout oonfom to the T~nd Use Plan. Lottin~, as shown on the tract maps, will accommodate the zoning provisions of the zoning ordinance adopted in oo~junction with the Specific Plan. The vesting tract maps and corrmsp~ding conditions of approval are oo~sistent with the Planning Area Devmlc~ment Stand-ds described in Section III.B of the Specific Plan. /ssues. First/y, /riterural ~tion was a o0~oezn in all of the tracts under co~siderat/on, except for Vesting Tract NO. 24137. ~ese co~oerns were worked out through m/nor z~design. The second ~ssue was the mitigation of historic resources, ~i~h was discussed extenslw~ly bet_~u~_n the applicant and the (k~nty Parks Department. It was determined that the historic resources wieh{n the tracts under oo~si~ation could be &dequate/y mitigated. F/nally, geologic c~oezns included liquefaction for Vesting Tract 24137 and slope stability for all of the tracts. ~apor~s ~r~ pr~pex~d on each issue and reviewed by 'the Oounty Geologist. .-{- ~ec~,uendat/c~s r~/azding the liquefact/on '~ssue for Tract 24137 are presented in a .letter dated 1-30-89. With r~Fard to slope stability, the Geologist found that the xeoa,,,endations of the r~orts w~e aco~t~hle and should be inocrpozated into the ~1~ and oo~s~-~ion of the tracts. St_a~f Report Vesting Tract Nos. 24131 /~ended No. 1 24132 Amended No. 2 24133 ;%mended No. 1 24134 ~mended No. 1 24135 A~ended No. 1 24136 /~ended No. 1 24137 /~mended No. I Page 5 1. Seven Tentative Vesting Tract Nos. 24131, 24132, 24133, 24134, 24135, 24136, .and 24137 have been sukmitted. 2. The subject tracts are located entirely within adopted Specific Plan No. 219. 3. The seven vesting tracts have been designed to the develc~m~nt standards of Adopted Specific Plan No. 219. 0 Environmenta/ AssesE~ent Nos. 33433, 33470, 33383, 33469, 33434, 33413, and 33414, based on the findings of En~tal Impact Report No. 235, prepared for Specific Plan No. 219, indicate that the en~tal /rapacts can be avoided or mitigated to an accept_-hle level, except for ct~ulative Air Quality impacts, which cannot be fully mitigated. A stateuent of Overrid/rig Find/rigs for cumulative Air O,~]ity /rapacts was approved by the Board of Supervisors on October 4, 1988. 5. Dev~l~t /~t No. 4 has been recorded for Specific Plan No. 219. 1. The proposed tracts confore to Specific Plan No. 219. ® e The proposed vesting tracts oc~fozm to the rec~,~r~uents of Ozdlnance NO. 348 and 460. Nos. 33433, 33470, 33383, 33469, 33434, 33413, and 33414, the subject vesting tracts will not have a significant effect on the ena~zc~ent, with the exception of cumulative A~ Quality hnpacts ~ah/ch cannot be fully Statement of Ovmrri~ Find/rigs for cu~,l-tive Air Quality /rapacts .approved by the Board of Supervisors on October 4, 1988. /%D(H~I~ of & Negative Dec/arat/c~ for Env~a,~al Assesm~ffc Nos. 33433, 33470, 33383~. 33469, 33434, 33413, and 33414 based cm the finding that the e~i~..~d~l /rapacts have been mitigated to an acoeptable level thruugh project design and the oo~ditio~s of approval; and, ~ of Vesting Tentat/ve Tract No. 24131 /~ended No. 1, subject to the a~cached conditic~ of app~; and, Vesting Tract Nos. 24131 ;~ended No. 1 24132 ~ No. 2 24133 ~ No. 1 24134 ~mended No. 1 24135 Amended NO. 1 24136 ~mended No. 1 24137 ~mended No. I Page 6 APPBOVAL attached of Vest/rig Te~tati~ Tract No. 24132 ~mended NO. 2, subject to the of Vesting Tentativm Tract No. 24133 ~mended No. 1, subject to the oonditic~s of approval; and, of Vesting Tentativ~ Tract NO. 24134 Amended No. 1, subject to the conditions of approval; and, ~ of Vesting Tentati~ Tract NO. 24135 ~mended NO. 1, subject to the attached conditions of approval; and, ~ of Vesting Tentativ~ Tract No. 24136 Amended No. 1, subject to the attached oonditions of approval; and, ~ of Vesting Tentativ~ Tract No. 24137 Amended No. 1, subject to the attached conditions of approval. O0:cj 24131 T~ 24132 TR 2_4133 24134 TR24135 TR24136 TR 24137 ;C.AT~.ER F.,D LAND USE VAC ', 'i :.::.. &' oO VAC .~--%'~'"'n~C " ~.. ,-'"'~ ~ I, App. BEDFORD PROPERTIES U~e 25~9 LOTS Sec. 8 .T' 6 S.,R. 2W ~.~r', Ok. 023 ~. E~menl M~GAR~A RD ART 110' RIVERSIDE COUNTY PLANNING DEPARTMENT SUBDIVISION CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT NO. 24136 AMENDED NO. I o STANDARD CONDITIONS The subdivider shall defend, indemnify, and hold hamless the County of Riverside, its agents, officers, and employees from any claim, action, or proceeding against the County of Riverside or its agents, officers, or employees to attack, set aside, void, or annul an approval of the County of Riverside, its advisory agencies, appeal boards or legislative body concerning Vesting Tentative Tract No. 24136 Amended No. 1 which action is brought about within the time period provided for in California Government Code Section 664gg.37. The County of Riverside will promptly notify the subdivider of any such claim, action, or proceeding against the County of Riverside and will cooperate fully in the defense. If the County 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 County of Riverside. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule A, unless modified by the conditions listed below. This conditionally approved tentative map will expire two years after the County of Riverside Board of Supervisors approval date, unless extended as provided by Ordinance 460. 5 The final map shall be prepared by a licensed land surveyor subject to all the requirements of the State of California Subdivision Map Act and Ordinance 460. The subdivider shall submit one copy of a soils report to the Riverside County Surveyor's Office and two copies to the Department of Building and Safety. The report shall address the soils stability and geological conditions of the site. If any grading is proposed, the subdivider shall submit one print of a comprehensive grading plan to the Department of Butldtng and Safety. The plan shall comply with the Uniform Butldtng Code, Chapter 70, as amended by Ordinance 457 and as may be additionally provided for in these conditions of approval. VESTING TENTATIVE TRACT NO. 24136. Aad. #1 Conditions of Approval Page 2 7. A grading permit shall be obtained from the Department of Building and Safety prior to commencement of any grading outside of county maintained road right of way. 8. Any delinquent property taxes shall be paid prior to recordation of the final map. 9. The subdivider shall comply with the street improvement recommendations outlined in the Riverside County Road Department's letter dated 4-12-89 ;-6-8g, a copy of which is attached. 10. Legal access as required by Ordinance 460 shall be provided from the tract map boundary to a County maintained road. 11. 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 Road Commissioner. Street names shall be subject to approval of the Road Commissioner. 12. 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 :he County Surveyor. 13. Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Department's letter dated 2-27-8g, copy of which is attached. 14. The subdivider shall comply with the flood control recommendations outlined by the Riverside County Flood Control Dtstrtct's letter dated 3-27-89 a copy of which is attached. If the land division lies within an adopted flood control drainage area pursuant to Section 10.25 of Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the Road Commissioner. 15. The subdivider shall comply with the fire improvement recommendations outlined in the County Ftre Marshal's letter dated 2-24-89, a copy of which is attached. 16. Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. VESTZNG TENTATZVE TRACT NO. 24136, And. #1 Conditions of Approval Page 3 17. The subdivider and all successors in interest shall comply with the · provisions of Development Agreement No. 4 and Spectflc Plan No. 219. 18. Lots created by this subdivision shall comply wtth the following: a) All lots shall have a minimum size of 5,000 square feet. b) Cornqr lots and through lots, if any, shall be provided with additional area pursuant to Section 3.8B of Ordinance 460 and so as not to contain less net area than the least amount of net area in non-corner and non-through lots. c) Lots created by this subdivision shall be in conformance with the development standards of the Specific Plan zone. d) 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. lg. Prior to RECORDATION of the final map the following conditions shall be satisfied: a. Prior to the recordation of the final map the applicant shall submit written clearances to the Riverside County Road and Survey Department that all pertinent requirements outlined in the attached approval letters from the following agencies have been met: County Fire Department County Flood Control County Health Department County Parks Department 20. A property owners' association with the unqualified right to assess the owners of the individual units for reasonable maintenance costs shall be established and continuously maintained. The association shall have the right to lien the property of the owners who default in the payment of their assessments. Such lien shall not be subordinate to any encumbrance other than a first deed of trust provided such deed of trust is made in good faith and for value and is of record prior to the 1ten of the association. P~e~ te Peeo~da~$on of the f~na~ map~ the svbd~v~de~ ska~ eenvey te the Geunty fee sSmp~e ~$~e, te o~ eem,nen o~ eemmen open opaee_ e~eas~ ~ee and e~eaP of a~ ~$ens, ~Kes, assessmen~ ~eoses ~4,eee~ded end unPeeePded½ and easements, eKeep~ the~e easements wh~eh 4n ~ke ~e~e d¢~ePe~en ef the Geun~y e~e eeeep~ab~e, As eend~e~s p~eeeden~ te the Geun~y aeeep~ng t~t~e te ~ueh area~, the eubd4v~dee sha~ subm$~ ~ke VESTING TENTATIVE TRACT NO. 24136. Amd. tl Conditions of Approval Page 4 ~e~owSn9 de~umen~s (e (ks P~anR~n6 Depa~kmeR~ ~e~ PevSew~ ~Ek documents shaT~ be sub,eat So the applevaT oS shat depaPtment end She OSf~se eS She ~$ A dee~a~at~en eS seveRaRts, eendSt$OnS end PeetPSet~oRs1 and A sampTe desument sonvey4n9 t~t~e So She puPekaseP o~ an t#e eeSab~skmenS efa p~epe~Sy e~e~s~ assos~a~e, semp~sed eS the ewnePs eS eaeh 4nd~v~daa~ Set eP unit and ~e½ eenSa4n She fe~ew~n9 eNeSw~SksSandSn9 any p~ev$sSen 4R tk$s Des~a,a~$on to She ~e~ew4n9 p~ov~s~on ska~ appTy+ The p~eperty e~e~sL assesSarden esSab~sked herein ska~ ~S dePmant~ be aet4vated~ by 4nsePpo~at~on eP etkePw~seT tt the Pequest eS the £eunSy eS R~ve~s~de~ and ~he p~epe~S~ e~e~s~ R~ve~6$de~ upen the GeunSyL6 demands t~t3e be a~ e~ any paFS e~ t#e 2esmmsn aPeaLT mope paPS~SuTa~y dessF~bed es ~ets A S#Feugk H en ¥est~R6 TenSatSve Hap Ns. a4&a6 Amended Ns. a. aSkasked kePete~ The dee$s~en te Pequ4Pe aet4vat4en oS She pPepePS~ e,ne~e~ ae~ee~atten end the deetataR to PequOts that the as~eetakten unsendtt~ena~y neeapt tttte So She 2eemmen aFea~ okal$ ke it the ee~e dtee~etten eY the Geunty eS RSve~sSde. an She evens tkat She esmmon aPea~ eP any paPS absent She pP4~ wP4tten sensenS eS She PTaRR4R9 D4PesSeP eS the Geun~y eS R~vePe~de e~ ~he GouR~yL9' sueeesseF-4n-~nteFest~ The ewne~s eS eaek 4ndSv~dua~ Set e~ unit SaP ~ke PeaSenable ma4nta~n~ng eueh Aeemmen aPea2, and shalt hive She 4he p~epePty eS aRM eusk ewneP wke deSaunts 4n the payment eS a ma4ntenanee assessment. An assessment ~en, enee ePea~ed, sha~T be p~$eP *e a~ etheP 4Seas Peee~ded subsequent ,e ~he nottee assessment eP etkeP deeument ePeat4n9 She ts~essment eP pPepePty deaRnaKed ikePeSPem absent She pPSeP wP$Sten eaRseaS VESTING Ti~ITATIVE TRACT #0. 24136, Amcl. I1 Conditions of Approval Page 5 e~ (ke PSannSng D$?ee~e? e~ ~ke geunty e~ RSve~sSde e? ~he GeuntyZe eueeesse~-4n-4ntepestv A p~epesed amendment sha~ be eens4de~ed zsubfiant4a~z 4f 4~ affeets ~he e~tens, usage e~ APt4e~es of ansePpePat4en, the Bylaws, oP the pPepePty ewRePs~ assee4fiSen RuSes and Regu~fi4eRs, 4f any, 4h~s 9ee~aPfi4en sha~ - eentPe~,n Gnee approved, ~ke dee~a~fi4en ef eevenants, eend~t4ens and pefi~$et4ens sha~ be ~eee~ded at the same tSme thor the ~4na~ map 4s ~eeepded~ (Deleted - Planning Commission - April ~2, ~98g) 21. Prior to recordation of the final subdivision map, the subdivider shall submit the following docoments to the Planning Department for review, which documents shall be subject to the approval of that department and the Office of the County Counsel: 1) A declaration of covenants, conditions and restrictions; and 2) A sample document conveying title to the purchaser of an individual lot or unit which provides that the declaration of covenants, conditions and restrictions is incorporated therein by reference. The declaration of covenants, conditions and restrictions submitted for review shall (a) provide for a minimum term of 60 years, (b} provide for the establishment of a property owners' association comprised of the owners of each individual lot or unit, (c) provide for ownership of the common area by either the property owners' association or the owners of each ~individual lot or unit as tenants in con,non and (d) contain the following provisions verbatim: "Notwithstanding any provision in this Declaration to the contrary, the following provision shall apply: The property owners' association established herein shall manage and continuously maintain the 'common area', more particularly described as lots A through H on Vesting Tentative Map No. 24~36 Amended No. 1 attached hereto, and shall not sell or transfer the 'common area', or any part thereof, absent the prior written consent of the Planning Oirector of the County of Riverside or the County's successor-in-interest. The property owners' association shall have the right to assess the owners of each individual lot or unit for the reasonable cost of maintaining the 'common area' and shall have the right to 1ten the property of any such owner who defaults in the payment of a VESTTNG TENTATZVE TRACT NO. 24136, Amd. ~1 Conditions of Approval Page 6 22. maintenance assessment. An assessment 1ten, once created, shall be prior to all other 1tens recorded subsequent to the nottce of assessment or other document creating the assessment 11en. This Declaration shall not be terminated, 'substantially' amended or property deannexed therefrom absent the prior written consent of the Planntng Otrector of the County of Riverside or the County's successor-in-interest. A proposed amendment shall be considered 'substantial' tf it affects the extent, usage or maintenance of the ° common a tea '. In the event of any confltct between thts Declaration and the Arttcles of Incorporatlon, the Bylaws or the property owners' association Rules and Regulations, tf any, thts Declaration shall control." One approved, the declaratlon of covenants, conditions and restrictions shall be recorded at the same time that the ftnal map is recorded. (Added - Planning Commission - April 12, 1989) The developer shall comply with the following parkway landscaping conditions: 1) Prior to recordation of the final map the developer shall file an application with the County for the formation of or annexation to, a parkway maintenance district for Vesting Tentative Tract No. 24136 Amended No. 1 in accordance with the Landscaping and Lighting Act of 1972, unless the project is within an existing parkway maintenance district. 2) Prior to the issuance of building permits, the developer shall secure approval of proposed landscaping and irrigation plans from the County Road and Planning Department. All landscaping and irrigation plans and specifications shall be prepared in a reproducible format suitable for permanent filing with the County Road Department. 3) The developer shall post a landscape performance bond which shall be released concurrently with the release of subdivision performance bonds, guaranteeing the viability of all landscaping which will be installed prior to the assumption of the maintenance responsibility by the district. 4) The developer, the developer's successors-in-interest or assignees, shall be responsible for all parkway landscaping maintenance until such time as maintenance is taken over by the district. 5) The developer shall comply with the standards and exhibits in Specific Plan 219. VESTING TENTATZVE TRACT NO. 24136, Amd. ~1 Conditions of Approval Page 7 23. 24. 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. Street lights shall be provided within the subdivision in accordance with the standards of Ordinance 461 and the following: 1) Concurrently with the filing of subdivision improvement plans with the Road Department, the developer shall secure approval of the proposed street light layout first from the Road Department's traffic engineer and then from the appropriate utility purveyor. 2) Following approval of the street lighting layout by the Road Department's traffic engineer, the developer shall also file an application with LAFCO for the formation of a street lighting district, or annexation to an existing lighting district, unless the site is within an existing lighting district. 3) Prior to recordation of the final map, the developer shall secure conditional approval of the street lighting application from LAFCO, unless the site is within an existing lighting district. 4) All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Riverside County Ordinance No. 655 and the Riverside County Comprehensive General Plan. 25. 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 County Surveyor. 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. 26. a. The following note shall be placed on the Environmental Constraints Sheet: "County Slope Stability Report No. gO was prepared for this property and is on ftle at the Riverside County Planning Department. Specific items of concern in the report as as follows: slope stability." Prior to the issuance of GRAOING PERMITS the following conditions shall be satisfied: a, PPSeP 4e ~ke 4ssuaR~e ef 9~ad~n9 ~eF'm$~s~ ~ke app~$eaR~ ska~ eb~a~R eTa&Paean ~Pem ~ke U~$~ F$lk and W~d~$~e VESTING TENTATIVE TRACT NO. 24136, /bad. Condfttons of Approval Page 8 C® e~s~ense ef eke 6~epkensZ KengaPe, Ra~ ee ~ke $~e, (Deleted - Planning Co~ntsston - April 12, 1989) Prior to the tssuance of grading permits, the applicant shall comply with Ordinance No. 663 by paying the fee required by that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fees required by Ordinance No. 633, the applicant shall pay the fee required under the Habitat Conservation Plan as implemented by County ordinance or resolution. Prtor to the issuance of §~adtR~ butldtng permits detailed common open space area landscaping and irrigation plans shall be submitted for Planning Oepartment approval for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following: (Amended - Planning Commission - April 12, lg89) 1. Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. 2. Landscape screening where required shall be designed to be opaque up to a minimum hetght of stx (6) feet at maturity. All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Director. Utilities shall be placed underground. Parkways and landscaped building setbacks shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth berming, ground cover, shrubs and specimen trees in conjunction with meandering sidewalks, benches and other pedestrian amenities where appropriate as approved by the Planning Oepartment. 5. Landscaping plans shall Incorporate the use of specimen accent trees at key visual focal points within the project. e Where street trees cannot be interior streets and project right-of-way, they shall be right-of-way. planted within right-of-way of parkways due to insufficient road planted outside of the road Landscaping plans shall incorporate nattve and drought tolerant plants where appropriate. VESTING TENTATIVE TRACT NO. 24136, Amd. tl Conditions of Approval Page 9 de e® Be All existing specimen trees and significant rock outcroppings on the subject property shall be shown on the proJect's grading plans and shall note those to be ~emoved, relocated and/or retained. g. All trees shall be mtntmum double staked. growtng trees shall be steel staked. Weaker and/or slow 10. The plans shall conform to those shown in Specific Plan No. 21g. Any oak trees removed with four (4) inch or larger trunk diameters shall be replaced on a ten (10) to one (1} basis as approved by the Planning Director. Replacement trees shall be noted on approved landscaping plans. The following tree preservation guidelines shall be incorporated in the projects approved grading, building and landscaping plans as appropriate: Every effort shall be made to prevent encroachment of structures, grading or trenching within the dripline or twenty-five {25} feet of the trunk of any trees, whichever is greater. e If encroachment within the dripline is unavoidable, no. more than one third of the root area shall be disturbed, graded or covered with impervious materials. The root area is considered to extend beyond the dripline a distance equal to one half the radius. Building, grading or improvements shall not occur within ten (10) feet of any tree trunk. Retaining walls shall be constructed where necessary to preserve natural grade at least one-half the distance between the trunk and the dripline. Walls shall be designed with a post or caisson footing rather than a continuous footing to minimize root damage. Alteration of natural drainage shall be avoided to the greatest extent possible. Runoff channelled near trees shall not substantially change normal soil moisture characteristics on a seasonal basis. Runoff shall not be directed towards the base of trees so that the base of the trees remain in wet sotl for an extended period. Where natural topography has been altered, drainage away from trunks shall be provided where necessary to ensure that water will not stand at the crown. VESTING TENTATIVE TRACT #0. 24136, Amd. tl Conditions of Approval Page 10 fe he Sedimentation and siltation in the drainage ways shall be controlled where necessary to avoid filling around the base of the trees. Land uses that would cause excessive soil compaction within the dripline of trees shall be avoided. If the areas are planned for recreation, provide trails to restrict compaction to a small area. Heavy use under trees shall be avoided unless measures to minimize 'compaction are undertaken. 10. Landscaping or irrigation shall not be installed within ten {10) feet of any trees. All existing native specimen trees on the subject property shall be preserved wherever feasible. Where they cannot be preserved they shall be relocated or replaced with specimen trees as approved by the Planning Director. Replacement trees shall be noted on approved landscaping plans. All approved grading and building plans shall reflect the utilization of post and beam foundations or the appropriate combination of split level pads and post and beam foundations when development is proposed on natural slopes of fifteen percent or greater measured over a horizontal distance of thirty (30} feet. If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a ~guideline for subsequent detailed grading plans for individual phases of development and shall include the following: 1. Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. 2) Approximate time frames for grading and identification of areas which may be graded during the higher probability rain .months of January through March 3) Preliminary pad and .roadway elevations 4) Areas of temporary grading outside of a particular phase Driveways shall be designed so as not to exceed a fifteen (15) percent grade. Grading plans shall conform to Board adopted Hillside Development Standards: All cut and/or fill slopes, or individual combinations thereof~ which exceed ten feet in vertical height shall be modified by VESTING TI~iTAT~VE TRACT NO. ~4136, /~d. ~1 Conditions of Approva] Pa~e 11 27. me an appropriate combination of a special terracing (benching) plan, increased slope ratio (i.e., 3:1), retaining walls, and/or slope planting combined with irrigation. All driveways shall not exceed a fifteen percent grade. All cut slopes located adjacent to ungraded natural terrain 'and exceeding ten (10} feet in vertical height shall be contour-graded incorporating the following grading techniques: 1) The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. 2) Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. 3) 4) The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. Natural features such as water courses, specimen trees and significant rock outcrops shall be protected in the siting of individual building pads on final grading plans. Prior to the issuance of grading permits, the developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. 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 paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pro-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· Prior to the issuance of BUXLDING PERMITS the following conditions shall be satisfied: 1) The project shall comply with' the requirements of Development Agreement No. 4. VESTING TDITATIVE TRACT NO. 24136, Am:I. ~1 Conditions of Approval Page 12 28. 2) 3) Prior to the submittal of building plans to the Department of Building and Safety an acoustical study shall be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwelling units within the subdivision to reduce ambient interior noise levels to 45 Ldn. PrtJr to the issuance of building permits, composite landscaping and irrigation plans shall be submitted for Planning Department approval. The plans shall address all areas and aspects of the tract requiring landscaping and irrigation to be installed including, but not limited to, parkway planting, street trees, slope planting, and individual front yard landscaping per the requirements of Specific Plan No. 219. 4) All dwellings to be constructed designed and constructed with fire approved by the County Fire Marshal. within this subdivision shall be retardant (Class B) roofs as s) Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. 6) Roof-mounted equipment shall be shielded from view o~ surrounding property. 7) Building separation between all buildings excluding fireplaces shall not be less than ten (10) feet. 8) All street side yard setbacks shall be a minimum of ten {10) feet. g) All front yards shall be provided with landscaping and automatic irrigation. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: 1) Wall and/or fence locations and materials shall conform to the approved wall and fence treatment plan in Specific Plan No. 219. 2) All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy permits. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be.¥ttlizqd. a~ ppproved by the Planning Director and the Director of Builalng ana ~a ecy. 3) All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by a Planning Department field inspection. VESTING TENTATIVE TRACT NO. 24136, /~d. tl Conditions of Approval Page 13 29. 4) 5) Not withstanding the preceding conditions, wherever an acoustical study is required for noise attenuation purposes, the heights of all required walls shall be determined by the acoustical study where applicable. Concrete sidewalks shall be constructed throughout the subdivision in accordance with the standards of Ordinance 461 and Specific Plan No. 219. ' 6) Street trees shall be planted throughout the subdivision in accordance with the standards of Ordinance 460 and Specific Plan No. 219. Prior to the issuance of a building permit, the subdivider shall prepare and submit a written report to the Planning Director of the County of Riverside demonstrating compliance with those conditions of approval and mitigation measures of this amp and E.A. No. 33413 which must be satisfied prior to the issuance of a building permit. The Planning Director may.require inspection or other monitoring to assure such compliance. (Added Planning Commission - April 12, 198g) CO:gs OFFIC; OF ROAD COMMISSIONER & COUNTY SURVEYOS Lt.~oy D. ~ Riverside County Planning Commission 4080 Lemon Street Riverside, CA 92501 Ladies and Gentlemen: April 12, 1989 -M~eh-6 r-l~ COU~ AD~I~ tS'TIt~ TT',,T ~qAILING IthT..J~i[~. CAUirOi~.~iA e2502 ~714) Re: TR 24136 - Amend tl Schedule A - Team SP - SHD#9 *As Amended at P.C. 4-12-89 With respect to the conditions of approval for the referenced tentative land division map, the Road Department recommends that the landdivi~er provide the following street Improvement plans and/or road dedications in accordance with Ordinance 460 and Riverside County Road Improvement Standards (Ordinance 461). It is understood that the tentative map correctly shows acceptable centerline profiles, all existing easements, traveled ways, and drainage courses with appropriate O's, and that their omission or unacceptability may require the map to be resubmitted for further consideration. These Ordinances and the following conditions are essential parts and a requirement occurring in ONE is as binding as though occurring in all. They are intended to be complementary and to describe the conditions for a complete design of the improvement. All questions regarding the true meaning of the conditions shall be referred to the Road Commissioner's Office. The landdivider shall protect downstream properties from damages caused by alteration of the drainage patterns, i,e., concentration of diversion of flow..Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/ or by securing a drainage easement. All drainage easements shall be shown on the final map and noted as follows: "Drainage Easement - no building, obstructions, or encroachments by land fills are allowed". ?he protection shall be as approved by the Road Department. The landdivider shall accept and properly dispose of all offsite drainage flowing onto or through the site. In the event the Road Commissioner permits the use of affects for drainage purposes, the provisions of Article XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, the subdivider shall provide adequate drainage facilities as approved by the Road Department. COUJ~I'Y ADMIM3TJ~ C!~J'FF~q * 4080 I.[~ON ~ * ~ ~ 92501 · '~R, 24136 - Amend #1 ,~r¢~-~-4~)~ April 12, 1989 Page 2 - ? e 10. 11. 12. Major drainage is involved on this landdivision and its resolution shall be as approved by the Road Department. Buecking Parkway and DePortola Road (westerly to Margarita Road shall be improved within the dedicated right of way in accordance with County Standard NO. 101. Streets "A" thru "D" and "E" (south of Street "H") shall be improved within the dedicated right of way in accordance with modified County Standard No. 104, Section A. (50'/70' with entry median as approved by the Road Commissioner). The remaining interior streets shall be improved within the dedicated right of way in accordance with County Standard No. 104, Section A. (40'/60') Street "T" shall be improved with 34 feet of asphalt concrete pavement within a 45 foot part width dedicated right of way in accordance with County Standard No. 103, Section A. (24'/33', as approved by the Road Commissioner) Street "U" and Pio Pico Road (southerly to Margarita Road shall be improved with 34 feet of asphalt concrete pavement within a 45 foot part width dedicated right of way in. accordance with County Standard No. 103, Section A. (22'/33') Corner cutbacks in conformance with County Standard No. 805 shall be shown on the final map and offered for dedication. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Riverside County Road Commissioner. Completion of road improvements does not imply acceptance for main- tenance by County. Standard cul-de-sacs and knuckles and off-set cul-de-sacs shall be constructed throughout the landdivision. Asphaltic emulsion (fog seal) shall be applied not less than fourteen days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 Gallon per square yard. Asphalt emulsion shall conform to Section 37, 39 and 94 of the State Standard Specifications. TR 24136 -"Amend ~1 I~r.~-~r-)~g April 12, 1989 Page 3 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. The landdivider will provide left turn lanes on P£o Pico Road, Street "T", and Street "U" at all interior intersections as approved by the Road Department. The landdivider shall provide utility clearance from Rancho California Water District prior to the recordation of the final map. · he maximum centerline gradient and the minimum centerline radii shall be in conformance with County Standard #114 of Ordinance 461. All centerline intersections shall be at 90° with a nb[nimu~ 5~' tangent measured from flow line/W, Concrete sidewalks shall be constructed throughout the .landd~v~s~on in accordance w~th County Stan~ar~ No. 400 and 401 (curb sidewalk). The minimum lot frontages along the cul-de-sacs and knuckles shall be 35 feet. All driveways shall conform to the applicable Riverside County Standards and shall be shown on the street improvement plans. A minimum of four feet of full height curb shall be constructed between driveways. The minimum garage setback shall be 30 feet measured from the face of curb. The landowner/developer shall provide/acquire sufficient public-offsite rights of way to provide for a secondary access road to a paved and maintained road. Said access road shall be constructed in accordance with County Standard No. 106, Section B. (32'/60') at a grade and alignment approved by the Road Commissioner. Prior to the recordation of the final map, the developer shall deposit with the Riverside County Road Department, a cash sum of $150.00 per lot as mitigation for traffic signal impacts. Should the developer choose to defer the time of payment, a written agreement may be entered into with the County deferring said payment to the time of issuance of a building permit. Electrical and conuaunications trenches shall be provided in accordance with Ordinance 461, Standard 817. TR 2~136 - Amend fl -14~r¢~-~--19~9 April 12, 1989 .-: ' P,~ge 4 24. 25. 26. 27. 28. 29. 30. 31. 32. Lot access shall be restricted on Bueckin9 Parkway, DePortsin Road, Pio Pico Road, and Streets "T" and "U" and SO noted on the final map. Landdivisions creating cut or fill slopes adjacent to the streets shall provide erosion control, sight distance control and slope easements as approved by the Road Department. When blockwalls are required to be constructed on top of s~ope, a debris retention wall shall be constructed at the street right of way line to prevent silting of sidewalks as approved by the Road Commissioner. The street design and' improvement concept of this project shall be coordinated with Specific Plan No. 219. Street lighting shall be required in accordance with Ordinance 460 and 451 throughout the subdivision. The County Service Area (CSA) Administrator determines whether this proposal qualifies under an existing assessment district or not. If not, the land owner shall file an application with LAFCO for annexation into or creation of a "Lighting Assessment District" in accordance with Governmental Code Section 56000. Street lights shall be installed in accordance with Ordinance 460 and 461 at all intersections of roads constructed or improved within the subdivision. The county Service Area (CSA) Administrator determines whether the subdivision is within an existing assessment district. If not, the land owner shall file an application with LAFCO for annexation into or creation of a County Service Area in accordance with Governmental Code Section 25210.1. All private and public entrances and/or intersections opposite this project shall be coordinated with this project and shown on the street improvement plans. A striping plan is required for Buecking Parkway, DePortsin Road, Pio Pico Road, Streets 'T" and 'U". The removal of the existing striping shall be the responsibility of applicant. Traffic signing and striping shall be done by County forces with all i~curred costs borne by. the 'applicant. Should this project lie within any assessment/benefit district, the applicant shall prior to recordation make application for and pay for their reapportionment of the assessments or pay' the unit fees in the benefit district unless said fees are deferred to building permit. TR 24136 - Amend tl --#mr;#-6,-~t989 April 12, 1989 · Page 5 The following conditions £rom Specific Plan No. 219 - Vail Meadows shall also apply: All road improvements, unless otherwise noted, shall be constructed to ultimate County Standards in accordance with Ordinance No. 460 and 461 as a requirement of the implementing subdivisions for the Speci£ic Plan, subject to approval by the Road Conwissioner. The proposed "Gateway Road" is approved, in concept, subject to the submittal and review of design details. Any landscaping within public road rights of way wiii require approval by the Road Commissioner and assurance of continuing maintenance through the establishment of a landscape maintenance district or similar mechanism as approved by the Road Commissioner. The Rancho Villages Assessment is an integral component of the planning for this area. Prior to the recordation of tract maps within this specific plan or any other project located within the assessment district, the final actions necessary for formation of the district must be completed. Should the district fail, the project proponent shall, prior to the recordation of any tract maps within the specific plan boundaries, provide for road improvements in accordance with Table XV-Implementation Schedule for On- Site Roadway Improvements and Table XVI-Implementation Schedule for Off-Site Roadway Improvements, as attached. In response to the concerns voiced by Caltrans relative to cumulative impacts indicating the need to implement demand management strategies and/or provide for the development of additional highway corridors, the project proponent has agreed to fund such a study to be conducted under the direction of the Road Department as prescribed by Caltrans. The study is currently in progress. EB:Jw Very truly yours, Subdivision Engineer FROM: RE: County of Riverside RIVERSIDE COUNTY PLANNING DEPT. · DATE: February ~l HARTINEZ, EN~A~'qI~TAL HEALTH SPECIALIST IV TRACT HAP 2&136, Amended No. I 27, 1989 Environnental Health Services has reviewed Amended No. 1 dated February23, 1989. Our current tomhenCe will remain as etated in our letter dated January 11. 1989 SH:tac ".'FEB 2 8 lcj89 GEN. JPORM 4. (!bv. 8/87) January 11, 1989 RIVERSIDE COUNTY PLANNING DEPT. 4080 Lemon Street Riverside, CA 92502 ~ I~RVlC~8 JAN 121989 RIVERSIDE COUNTY PLANNING D~PARTMENT ATTN: Ron Goldman RE: TRACT~L~P 24136: Parcels 4, 5, 6 and 7 of Parcel Hap 23432 (400 Lots) IIILll glrrll! RAMSEY II'REET ~l$ I~OR'~N IllrOADWAY ~AIA BLAICA 7J40 MARO4JERfT A ~lOilA 80.5 SOUTEd B~NA VISTA IllilO 4I-IO, OASIS ITMEEI' Lilll ILllINE lOllS FRA. SIrR II~. LAKt~ ELIINOdqF.. ~ ,ALII l~*.s S TAHC~E TZ~ i'01 #O~TN "O' ITW~frT P~lmql$. C~ tl170 · ,ff1111181i! 18~o LIIdD~N $111JEE'~ Gentlemen: The Department of Public Health has reviewed Tentative Hap No. 24136 and recommends that: A water system shall be installed according to plans and specifications as approved by the water company and the Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate with a minimum scale not less than one inch equals 200 feet, - along with the ori$inal drawing to the County Surveyor. The prints shall show the internal pipe diameter, location of valves and firehydrants;pipe and Joint specifications, and the size of the min at the Junction of the new system to the existing system. The plans shall comply in all respects with Div. 50 Part Ii Chapter 7 of the California Health and Safety Code, California Administrative Code, Title 22, Chapter 16, and Ceneral Order No. 103 of the Public ~tilities Co~mission of the State of California when applicable. The plans shall be signed by a registered engineer and water company with the following certification: "I certify that the design of the water system in Tract Hap 2&136 is in accordance with the water system expansion plans of the Eastern Nunicipal Water District and that the water oerviceo mrsrage and distribution system will be adequate to provide water service to such tract. This certification do~s not cvnstitute a guarantee that it will supply water to such tract at any specific quantities, flows or pressures for fire protection or any other purpose". This certification shall be signed by a responsible official of the water company. The plans must be submitted to the County Surveyor's Office to review at least t'~o weeks prior to the request for the recordation of the final map. Riverside County Planning Dept. Page Two ATTO: Ron Goldman January 11, 1989 This Department has a statement from'the Eastern Hunicipal Water District agreeing to serve domestic water to each and every lot in the subdivision on d~nd providing satisfactory financial arrangements are compieted with the subdivider. It viii be necessary for the financial arrangements to be made prior to the recordation of the final map~ This Department has a statement from the Eastern Nunicipal Water District agreeing to allow the subdivision sewage system to be connected to the sewers of the District. The sewer system shall be installed according to plans and specifications as approved by the District, County Surveyor and the Health Department. Permanent prints of the plans of the sewer system shall be submitted in triplicate, along with the original drawing. to the County Surveyor. The prints shall show the internal pipe diameter, location of the manholes. complete profiles. pipe and Joint specifications and the size of the sewers at the Junction of the new system to the existing system system. A single plat indicating location of sewer lines and water lines shall be a portion of the sewage plans and profiles. The plans shall be signed by a registered engineer and the sewer district with the following certification: "I certify that the design of the sewer system in Tract Hap 26136 is in accordance with the so~er system ex'ansion plans of the Eastern Nunicipal Water District a that the waste disposal system is adequate at this time to treat the anticipated wastes from the -~oposed tract*'. The plans must be submitted to the County Surv. s Office tO review at least two weeks prior to the request he recordation of the final map. It wi11'.be necessary for the financial arrangements to be made prior to the recordation of the final amp. Sincerely, $ ~~rtinez. Sr.~~~S rian Environuental Health Services ~H:.Zac DATE RE: SUBDIVISION NO. PARCEL MAP NO. MOBILEHOME, T.T., R.V. PARK OT1,mR PAR¢~ 1 S/LOTS ZONING · MAP SCHEDULE T!~ COUNTY OF RIVERSIDE DEPARTI~NT OF HEALTH HERE#ITH APPROVES: .DOMESTIC SEWAGE DISPOSAL FOR THE INDIVIDUAL LOTS OF THIS SUBDIVISION, PARCEL NAP, ETC. BY MEANS OF: SElS:R WYrTS:~ AS Pie LE,,.~ OATEn II:PTIC TN4~ WITH: mOlLS FT.A,SlBILIl'Y 'IT. ST BY ~OI/I,II~rCT: # OA'!'ZD I. LEACH LII~.S WITH 100 ema.. OF SF. PTIC TAf~qCAP, I~ITY. mgr. pAM: PiTS WITH m,~L. IW~. n. lOAy. me VEST. rr. (1' DIA.), VIIFt. IT. PER J00 eraa.m. Op' SEPTIC TAI~ e. AP,e~:ITY. IM,XlU J~PTH ~ SE[PA~i: PITB . DRY SEWERS SHALL BE INS'TALLKD P'OR 'rills PROJECT (SEC II.I ART XII ~ 4i0j (l' DIA.) 2. DOMESTIC WATER ~] 114 ~,~t~c) ~_~('~ (n~ r., mATIR Ol ITRI CT HA, S MID IN BITING TO P!,IINIIH DOtESTIC IATZ:A TO r, ACH AJ*,D B'VI:NY LOT WITHIN 11,11i ~IVIIION M ACCI~TAILE: JMqK. ICATIQN lB GN IrlLl: WITH YHll D~PARTI~rT TO IrOIId ~ IAI'ER NO WATSRWYIT13d lB PROVlDI:D FORTHlB I-MI) DIVIIION (CLABI¢. Ct. ABID. ~ mUm~lVlSmON.) 3. CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD REGION: APPROVAL L~TTER DATED INITIAL/FINAL CLEARA.%CE t DOH-SA,q-0S3 (Rev. 11/84) enraC' Health Services Division IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PRO1TCTION GLEN .1. ~E'Tv'I4AN 4(.-209 Oads ~ S.~te 405 b,a;,,. CA 92201 (619) ~42-8886 2-24-89 F'l~n~ & f..nS~m~ ~ 4080 Lemm Stmel, Sult, IlL ~ CA 92501 (714) 7S7-6606 TO: ATTN: PLANNING DEPARTHENT RON GOLD~L~N TRACT 24136 - AHENDED ll With respect to the conditions of approval for the above referenced land division, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recosnized fire protection atandards: FIRE PROTECTION Schedule "A" fire protection approved standard fire hydrants, (6"x4"x2½") located one at each street intersection and spaced no more than 330 feet apart in any direction, with no portion of any lot frontase more than 165 feet from a hydrant. Hinimum fire flow shall be 1000 GPH for 2 hours duration at 20 PSI. Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall coilform to fire hydrant types, location and spatinE, and, the system shall meet the fire flow requirements. Plans shall be sisned/approved by a registered civil engineer and the local water company with the following certification: "I certify that the desisn of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." The required water system, including fire hydrants, shall be installed and accepted by the appropriate water asency prior to any combustible buildinS material bainE placed on an individual lot. HAZARDOUS FIRE AREA The land division is located in the "Hazardous Fire Area" of Riverside County as shown on a map on file with the Clerk of the Board of Supervisors. Any building constructed on lots created by this land division shall comply with the special construction provisions contained in Riverside County Ordinance 546. All road medians to be set back 30 feet from curb line at all intersections. Subject: Tract 24136 Page 2 All buildings shall be constructed with fire retardant roofing material as described in Section 3203 of the Uniform Building Code. Any wood shingles or shakes shall have a Class "B" rating and shall be approved by the Fire Department prior to installation, MITIGATION Prior to the recordation of the final map, the developer ~hall deposit with the Riverside County Fire Department, a cash sum of $&00.00 per lot/unit as mitigation for fire protection impacts. Should the developer choose to defer the time of payment, he/she may enter into a written agreement with the County. deferring said payment to the time of issuance of the first buildinS permit. Prior to the recordation of the final map, the developer shall deposit with the Riverside County Fire Department, a cash sum of $400.00 per lot/unit as mitigation for fire protection impacts. Should the developer choose to defer the time of payment, he/she may enter into a written agreement with the County deferring said payment to the time of'issuance of the first buildinS permit. All questions regarding the meaning of conditions shall be referred to the Planning and Engineering staff. RAYMOND H. REGIS Chief Fire Department Planner Kurt Mantwell, Fire Safety Specialist KENNETH L. EDWARDS till MARKET P.O. BOX IOl, TEt. EP#ONE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RIVERIID,o CALIFORNIA I~P,OI March 27, 1989 Riverside County Planning Department County Administrative Center Riverside, California Attentions Specific Plan Section Chris Ormsby Ladies and Gentlemens Re t Vesting Tract 24136 Amended Map No. 1 This is a proposal to divide about 100 acres in the Rancho Cal- ifornia area. The site is to the north of Highway 79 between Margarita Road and Butterfield Stage Road. This project is a part of Specific Plan 219, Vail Meadows. The area consists of well defined ridges and natural watercourses which traverse this property. Local offsite flows from the east would be intercepted by Buecking Parkway. A portion of these flows would be conveyed through the site via Street "U#. The rest of the flows would be drained to the south along Buecking Parkway. Ohsits flows would be discharged via storm drains and streets to the site's northwest and southwest corners. The storm drain across the site's northwest corner would be connected to an existing 120-inch diameter storm drain as shown on the Exhibit B. The storm drain across the site's southwest corner would be con- tained in a 16-foot wide easement and continued to cross Highway 79 and outletted into Temecula Creek as shown on Exhibit B. Following are the District's reco~endationss The 100 year offsite tributary flows should be collected and safely conveyed through the site to an adequate outlet. Onsite drainage facilities located outside of road right of way should be contained within drainage easements shown on the final map. A note should be added to the final map stating, 'Drainage easements shall be kept free of buildings and obstructions'. Offsite drainage facilities should be located within publicly dedicated drainage easements obtained from the affected property owners. The documents should be recorded and a copy submitted to the District prior to recordation of the final map. Riverside County Planning Department Res Vesting Tract 24136 Amended Map No. I -2- March 27, 1989 4. All lots should be graded to drain to the adjacent street or an adequate outlet. 5. The 10 year storm flow should be contained within the curb and the 100 year storm flow should be contained within the street right of way. When either of these criteria is exceeded, additional drainage facilities should be installed. 6. Drainage facilities outletting sump conditions should be designed to convey the tributary 100 year storm flows. Additional emergency escape should also be provided. The property's street and lot grading should be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area, outlet points and outlet conditions, otherwise, a drainage easement should be obtained from the affected property owners for .the release of concentrated or di- verted storm flows. A copy of the recorded drainage easement should be submitted to the District for review prior to the recordation of the final map. Temporary erosion control measures should be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Development of this property should be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. 10. A portion of the proposed project is in a floodplain and may affect mwaters of the United Statesm, 'wetlands' or 'Jurisdictional streambeds', therefore, in accordance with-the requirements of the National Flood Insurance Program and Related Regulations (44 CFR, Parts 59 through 73) and County Ordinance No. 4581 A copy of appropriate correspondence and necessary perm/ts from those government agencies from which approval is required by Federal or State law (such as Corps of Engineers 404 permit or Department of Fish and Game 1603 agreement) should be provided. to the District prior to the final District approval of the project. Riverside County Planning Department Re~ Vesting Tract 24136 Amended Map No. i -3- March 27, 1989 11. 12. Major flood control facilities are being proposed. These should be designed and constructed to District standards including those related to alignment and access to both inlets and outlets. The applicant should consult the' District early in the design process regarding materials, hydraulic design and transfer of rights of way. All flood control facilities should be constructed to District standards. And all facilities that the District ~ill assume for maintenance will require the payment of a one time maintenance charge equal to the 'present worth' of maintenance costs from the time of acceptance through 1998. 13. A copy of the improvement plans, grading plans and final map along with supporting hydrologic and hydraulic calculations should be submitted to the District via the Road Department for review and approval prior to recordation of the final map. Grading plans should be approved prior to issuance of grading permits. Questions concerning this matter may be referred to Robert Chiang of this office at 714/787-2333. Very truly yours, cc~ Robert Bein, William Frost and Associates KENNETH L. EDWARDS ~hi~.~ Engine~r~ iOH.~ ~. KASHUBA enior Civil Engineer HC~pln January 18, 1989 Administrative Center * 1777 Atlanta Avenue Riverside, CA 92507 Riverside County Planning Department Attention= Ron Goldman County Administrative Center 4080 Lem6n Street Riverside, CA 92501 RE, Vesting Tract 24136 Ladies and Gentlemen, The Land Use Division of the Department of Building and Safety has the following comments and conditions= Prior to the issuance of building permits, the developer shall obtain Planning Department approval for all on-site and off- site signage advertising the sale of the subdivision pursuant to Section 19.6 of Ordinance 348. Fireplaces may encroach 1' into required minimum 5' side yard setback. Mechanical equipment may not be located in required minimum 5' side yard setback. Prior to issuance of building permits, proposed lighting must be in conformance with Mount Palomar Lighting Plan, Zone B, per Ordinance 655. '~ Very truly yours, Thomas H. Ingram, Director DEPARTMENT OF BUILDING AND SAFETY Administration (714) 682-8840 · (714) 787-2020 DEPARTMENT OF TRANSPORTATION DeSTRICT I, P.O. BOX ~31 December 23, 1988 O~OIC. tE 1~4JIL4AF. JIAN, Development Review 08-Riv-?9-17.38 Your Reference= VTT 2~136 Planning Department Attention Mr. Ron Goldman County of Riverside q080 Lemon Street Riverside, CA 92501 Dear Mr. Goldman= Thank you for the opportunity to review the proposed Vesting Tentative Tract No. 24136 located east of Margarita Road, north of the State Highway Tg in Rancho California. Please refer to the attached Development Revlew Form'which documents Caltrans' requirements for this project. Conformance with these conditions is required for issuance of an Encroachment Permit. If any work is necessary within the state highway right of way, the developer must obtain an encroachment permit from the Caltrans District 8 Permit Office prior to beginning work. If additional information is desired, please call Mr. Thomas J. Neville'at (?14) 383-4384. Very truly yours, H. N. LEWANDOWSKI District Permits Engineer Art. (Your Reference) Plan Checker CALTRANS DEVELOPMENT REVI'E'~ FOP~ WE WOULD LIKE TO NOTE: t~en plans are submitted; please conform to the requirements of the attached "Handout"..This will expedite the review process and time required for Plan Cheek. Although 'the traffi'o and drainage generated by this proposal do not appear to have a significant effect on the state highway system, consideration must be given to the cumulative effect of continued development in this area, Any measures necessary to mitlsate the cmulative impact of traffic and drainage shall be provided prior to or with development of the area that necessitates them. ~/* It appears that the traffic and drainage generated by this proposal could have a significant effect on the state highway system of the area· Any measures necessary to mitigate the traffic and drainage impacts shall be included with the development. This portion of state highway is included in the California F~ster Plan of State Highways Eligible for Official ~enic Highway Designation, and in the future your agency may wish to have this route officially designated as a state scenic highway. This portion of state highway has been officially designated as a state scenic highway, and develo~nent in this corridor should be compatible with the scenic highway concept. It is recognized that there is considerable public concern about noise levels adjacent to heavily traveled highways. Land development, in order to be canpatible with this concern, may require special noise attenuation measures. Development of property should include any necessary noise attenuation. WE REQUEST THAT T~E ITE~ CHECgED BEI~M BE INCLUDED IN THE CONDITIONS OF A?PROVAL FOR THIS PROJECT: Normal right of way dedication to provide ~ half-width on the state highway.. Normal street improvenents to provide half-width on the state highway. . Curb and gutter, State Standard ~ along the state h~ghway. " Parking shall be prohibited along the state highway by pa~ntin~ the curb red 'and/or by the proper placement of 'no parking" signs. r~dius curb returns be provided at intersections with the state highway. ][-~ndard b~eelc!~ir remp must be provided in the returns. i~ positive vehicular barrier .along the property front~e shall be provided to limit l~ysical access to the state highway. Vehicular access shall not be developed d~rectly to the state highway. Vehicular access to the state highMay shall be provided by existin~ public road connections. . Vehicular access to the state M~Y shall be provided by. standard ----- driveways. .. gekicular access shall not be provided within of the intersection at Vehicula~ access to the state highway shall be provided by a road-type connection. Form 8-FI)19 (Rev. 5187) (Continued on reverse) Vehicular access connections shall be paved aL least. ~ithJn the slate h[gh~ray righ! of way. ~eeess ~ints to the state highly shall be develo~ ~lght distance for~ mph along the state highway. Landseaping along the state highly shall be lo~ and forgiving in nature. A left-turn lane, incl~in~ any n~essary ~idening, shaI1 be provid~ on the state ~ns~deraMon ~hall b~ ~lven ~o ~he provision, or fu~e prov~ion, of signali~tion and lighting of the interaction of and the state hi~y. A traffic stay indicating on- and off-site flow patterns and vol~es,"probable ~paets, and pro~s~ mitigation measures shall be pre~r~. Ad~uate off-strut parking, ~ich does not require backing onto the state highly, shall be provide. Parking lot shall be develo~ in a manner t~t ~11 not cause any v~icular mov~ent conflicts, incl~in8 parking stall entrance and exit, ~thin of the entrance fr~ the state highly. Handicap parking shall not be develo~ in the busy drive~y entrance area. Care shall be taken ~en developing this pro~rty to preserve and per~tuate the existing drainage pattern of the state highly. Particular consideration should be given to c~ulativ~ inereas~ stoa runoff to insure t~t a highly drainage probl~ is not create. Any n~essary noise attenuation shall be provid~ as part of the develo~ent of this property. Please refer to attached additional comuents. WE REQUEST: .,~ A copy of any conditions of approval or revised approval. A copy of any docm~ents providing additional state highway right of way upon recordation of the map. ./ WE REOUEST THE OPPORTUNITY TO REVIEW DURING THE APPROVAL PROCESS: Any proposals to further develop this property. /t copy of the traffic or environmental study. A check print of the Parcel or Tract ~ap. A check print of the Plans for any improvements ~rithin the state highway right of way. A check print of the Grading and Drainage Plans for thlm property when available. Date: December 23, 1988 Riv-79-17.38 (Co-Rte-PM) VTT (Your Reference) ADDITIONAL-COMMENTS: Due to the magnitude of this proposal and the construction ezp!os'un (residential, commercial), the contract should contribute to all S~a:~ Highway improvements necessary to maintain the existing traffic ficw patterns. In addition, we recommend tha~ this d~veiopmenu ~r%ic~&~ In the Rancho V~llage Asse~.sm~n~ Distrlc~ Specific Plan No. 15~ and the relat~ EiF. R.~.,rt No. 2~' ~o mltlga~e its impacts. ~uthern C. alifornla Edison P, O. BOx 410 A/4O R~ve~s~de County Road Depa~uen~ P. O. Box ~090 R~ve~s~de, CA 92502 ....,:..o,.....,,,,.. JAN 1 ? 198 LONG BI:'ACH. CALIFORNIA JOOOt Attention: Subdivision Section SUBJECT: Vesting Tentative T£act Ha~ No. 24136 T~L[~I40N£ 1969 Please be advised that the division of the DroDe£t¥ shovn on Vesting Tentative T£act Map No. 24135 will not un£easonabl¥ lnte£fe£e with the free and complete exe£cise of any easement(s)' held by Southern California Edison Company within the bounda£ies ot said vesting tentative tract BaD. This lette£ should not be const£ued as a subordination of the Company's rights, title and interest in and to said easement(s), nor should this lette£ be const£ued as a waiver of any of the provisions contained in said easement(s) o£ a waiver of any costs fo£ £elocation of affected facilities. In the event that the development requires teloration of facil- ities, if any, on the subject prope£ty by right of easement or otherwise, the owner/developer will be requested to bear the cost of such £elocation and provide Edison with suitable replacement rights. Such costs and replacement rights are required prior to the pe£[o£mance of the £elocation. If additional tnfo£mation is £equired in connection with the above mentioned subject. please call Dennis C. Bazant at (213) 491-2644. RELOCATION AND DISTRIBUTION C /bJv 15908-9~PC cc: qMttvuzit~le~onnty'~lanniug ~pakCuent (RON GOL~HAH) Robert Bein, William Frost & Associates astern ] /[unicipal /'at er ,.,. ,,...,.,.. ...... FEB · ~ ~ ~. I~.AN. NING D~.p-AR~NT Riverside Co, Planning Dept. 4080 Lemon. St., 9th Floor Riverside, Ca 92501 The District is responding to your request for comments on the subject project relative to water and/or sewer service. lhe items checked below apply to this project review. The subject project: ~I/s not Within EMWD's: ~/~water service area sewer service area /Will be required to construct/provide the following facilities if to be s~rved by [MWD: Water Service Any and a!l~ecessary onsitg/and any offs~e water mainF~'regulators, pu~ing plants, s~age tanks, aj)<f'appurtenant~cilities an~d/works. All maij~ and facilit~s are to be/~egionally s~d. Particjdlition in regio~a4 water facil~i~(ies, and fee~piyments must/4~e met. ~ Wat/mains will not/l~e allowed alq~t~ lot lines/pri/~te.lands. Ff~e flow requirements and backflo~w prevention reotdrements must be met. . i r Service '~"and all necessary regionally sized onsite and offsite gravity sewers and · appurtenant works that might include mnttortng manholes, lift stations, force mains, and effluent disposal/use. Sewers will not be allowed along lot .lthes/prtvate land. Fee pa~ent and participation in mgtonal sewers, treatment, and.effluent disposal must be ~t. Onlywastes a~eptable to EMWD ~gulattons will be allowed. '~ EASTERN MUNICIPAL WATER DISTRICT Planning Department 2~5 S. ~nJacinto Strut · Prat Offke ~x ~3~ · SanJacintu, ~lifornim 92)8)-1)~ · Telep~ne (714) 925-7676 January 17, 1989 Bosrd of Directors: Rlehsrd D. 8teffey President Jsn, es & Dtrby ~r. Vice President Ralph Daily Dour Kulberg · ion ,6** Lundin Jeffrey t- Minider T, C. Rowe Officers: Sin ?. Mills General Manager Phillip t. Forbes Director of Finnnee- Treasurer Thomas It. MeAlJester Director of Operations & Maintenance Doris V. B-Irer McCormick · Kidman LopI Counsel Riverside County Planning Department 4080 Lemon Street, 9th Floor Riverside, California 92501-3657 Subject: Water Availability Reference: Vesting Tract 24136 Gentlemen: .. Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District. Water service, therefore, would be available upon completion of financial arrangementsbetween RCWD and the property owner. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management rights, if any, to RCWD. If you have any questions, please contact Senga Doherty at (714) 676-4101. Very truly yours, RANCHO CALIFORNIA WATER DISTRICT Bob Lemons, P.E. Acting Director of Engineering F012/dptlSf RANCHO CALIFORNIA WATER DISTRICT 28061 DIAZ ROAD · POST OFFICE BOX 174 · TEMECULA, CA 92390-0174 · (714) 676-4101 · FAX (714) 676-0615 DATE: December 19, 1988 :IiVE:I iDE county PLAnninG DEP, ::IQTIEnC TO: Assessor Butldtng and Safety Surveyor - Dave Duda Road Department ~alth - Ralph Luchs Fire Protection Flood Control District Fish & Game U.S. Postal Service - Ruth E. Devtdson U.S. Fish & Wildlife Services County Parks Rancho California Water District Elsinore Municipal Water District So. Calif. Edison So. Call f. Gas General Telephone CAL TRANS ~8 'Els(~ore Un Temecula Unton'-School - Dt s t~tct~ Con~ntsstoner Walt Abraham C.J. Crottnger VESTING TRACT 24136 - (Sp P1) - E.A. 33413 - Bedford Properties - Robert Betn & Frost - Rancho California District - First Supervtsortal District - E. of Margarita Road, N. of Highway 79 - SP Zone - 99.8 Acres into 400 lots - Schedule A - No Waiver - (RELATED CASE SP 219) - Hod 120 - A.P. g23-230-002 Please review the case described above, along with the attached case map. A Land Division Committee meeting has been tentatively scheduled for January 23, 1989. If it clears, it will then go to public hearing. '. Your comments and recommendations are requested prior to January 23, 1989 in order that we mmy include them in the stmff report for this particular case. Should you have any questions regarding this item, please do not hesitate to contact Ron Goldman at 787-1363. ~lanner .-. ClieNTS: The Elstnore Unton Htgh School Dtstrtct facilities are overcrowded and our educational programs seriously tmpacted by Increasing student population caused by new residential. cm~erctal and Industrial construction. Therefore. pursuant to California 6ovemment Code Section 53080 of AB 2926 and SB 237. thts district levtes a fee agatnst mll new development projects wtthtn 1rs boundaries. DATE: 1/3/89 SIGNATURE PLEASE print name and tttle Dr. LarFyMaw~ Superintendent 4080 LEMON STREET. g~- FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787-6181 46-209 OASIS STREET, ROOM 304 INDIO, CALIFORNIA g2201 (619) 342-827 7 INTIR-DEPARTMINTAI- LITTIll COUNTY OF RIVERSIDE April 11, 1989 TO: Chris Omsby, Planner, Planning Department FFt: Marc Brewer, Assistant Park Plannf~~ RE: Vail MeadoWs SP 219 Tentative Tracts: 24136, 24137 The Riverside County Parks Planning staff met with representatives of Bedford Properties and Turrini & Brick on March 21, 1989 to discuss History Dtvision's conditions of approval on the above referenced tracts. Riverside County Parks revised its comments to the following: , Should any prehistoric or historic resources be discovered or uncovered during the grading operation, (on Tracts 24135 and 24137), all work will cease until the resource is evaluated by an archaeologist or historian. Work will not be resumed until mitigation procedures are approved by the History Division of the Riverside County Parks Department and the Archaeological Research Unit, University of California, Riverside. 2. Grading/Earthwork shall be confined to the boundary of the proposed tracts. No grading/earthwork will be allowed on Tract 24130 until this department's review is complete. No grading/earthwork east of the proposed Parkway shall be permitted until pending Tracts are approved. Should you have any questions regarding this department's revised History co~nents please do not hesitate to contact me at 2551. MB:mlr c: Sam Ford, Deputy Director Kathryn #tller, Curator of History COUNTY OF RIVERBIDE. PLANNING DEPARTHENT *' January 31, 1989 TO: FROH: RE: Chrts Oresby -Spectftc Plans Steven A. Kupfermn, Engineering Geologist Tentative Tract 24136 Slope Stability Report No. go The following report has been revte~ed relattve to slope stability at the subject stte: "Slope Stability Analysts, Tentative Tract 24136, The Headows at Rancho California, Rancho California, CA,' by Converse Consultants, dated December 5, 1988. Thts report determined that: 1. All slopes proposed for the subject tract at or below a hetght of 35 feet ~tll be grossly stable. -* Both cut and ftll slopes have a htgh potential for eroston of sandy mtertals and resultant surftctal Instability. 3. Low strength parameters extst for claystones and siltstones. Thts report recontnended that: 1. 6eologtc Inspection of all cut slopes should be conducted durtng gradtng. e e Buttress ftlls my be requtred for cut slopes wtth adverse mtertals or conditions. Proposed slopes at the stte should be planted soon after construction and wtll requtre mtntenance to perfom tn a satisfactory mnner through ttme. :' Thts report satisfies the Senera1 Plan requirement for a slope stability report. The reconeendattons tn thts report shall be adhered to tn the destgn and construction of thts project. SAK:rd RIVERSIDE COUNTY PLANNING DEPARTMENT NEGATIVE DECLARATION AND NOTICE OF DETERMINATION Case No. (Hod)~/~7~/~.~ EA No. ~,~ I ~r NEGATIVE DECLARATION Based on the Initial Study, it has been detemtn~d that the proposed project will not have significant envtro~ntal effect. PROJECT DESCRIP. TION AND LOCATION: Roger S. Streeter, Planning Director COMPLETED BD~tE ~ (ztt~zoh~ Init'ia~ $~ a . Land Otv Sch Appl/Rep /~'~ ~/~e~"& Developable Lots ':w Oev. Ac ~ Date Submitted 1_-(~o~ ~ O.Sp. Ac ., Existing Zones ~ ~' Open Space Lots ~ Person verifying adoption Changes of Proposed Zones Only Zoning Acreage ADOPTED ~ Board of Supervisors I~lannin9 Co~nission A~a Planning Council rl lrl~ni ng Oi rector (Other) NOT]CE OF DETERMINATION HEARING BODY OR OFFICER Developable Lots Z/~)O Changes of A. pproved Zones Only /ones Acreage poard of Supervisors ACTION/ON PROJECT ianning Cmeisston El~Approval D Area Planntng Counct1 ~ Disapproval ~ Pl~6'ntng Director I~te ~. I~-~ ~ (Other) Dev.Ac. ~n Space Lots f~ O.Sp. Ac · The project will not have a significant effect on the environment and a Negative Declaration has been adopted and may be_ exmmtned~mt the Planntng Department at the address below. Person verifying action ~7~F~,:~j ~PY/~x~/~l/ Tttle ~7j ~ :777' RIVERSIDE COUNTY PLANNING DEPARTMENT f 4080 LEMON STREET, 9TH FLOOR RIVERSIDE, CA 92501 ls~ Ignite Original - ~n~y Clerk Rnd Camr~ - Cime File :)rd ]~nk - SoheduLtn~ L COUNTY 'STAMP "-~ qiVEq ,iDE COLIrlCu. -PLArlrlinc DEPARClTIErlC EI~qfiRONMEI~rr~ ~El~q4~E~rm' FORM: ENVIROe~,IF, NT~L ~ ~.,A.) NUMBEI~ 33413 ~ ~ ~) ~ ~~m~ Vestinq Tract 24136 ~ ~ Bedford Properties ~~~ ~ Chris 0msbv, Planner Ill ~ECT ~FOR~ within approved Specific Plan 219. ITANDA.qD EVALUATION MOD~ NUMBEA(i): 120 The site is located PRCUECT ARE)c ACRES 99.8 PARCEL NO~m~. 923-230-002 D. EXISTING ZONING: SP E. I~~D ZONINO: F. STREET REFERENC:E~ The site is 79. ~ 1)4E Plq~ IN B ~ laR~ IN CONFORIvb&NCE? located east of Marqarita Rd and North of Highwaj, 8EGTION. TOWN~.A~C~EDESG~PTIONORATTAGHALEGALDESGRIPTION: Sections 8, 9 Township 8S Range ~W The site consists primarily of rollinn hills, which have been dry farmPd. Tha site is completely vacant. I. GORE'..~ OENEA~J. PLAN ~ IPACE &ND OONsER~ATION DEIIONATION IX] All ~r Im~ MIm pn)Jmd MM II In 'Adopied ~Oec~c ImllM," 'REMAP' m 'REtCho Vili~ms Oommunlty Iqd~Amm'. DmMmim~K~nmLN(mmdCm~%VmdVt ~ ,:: IM, Imd I) ml~Vmd ~ Gompioto Soctions III. IV robowl. Cmml~ 8,m,:lmm I. IV (A.m. md E rely). V rand Vl. ~. ~RONMENTA~ ~D~ AND RFJOUR~$ A~E~ENT Htzlrd h (Fie. VLI) & VLIJ & 1aM AJCUZ Rep(~ MAF.B.) ~ PS u , e'~o.v~.3) ~ A B C O ~.w.,,) ~ Liquef~Po~Zme(F',o. Vl.1) la.N RaJlroedNoM(F'io. Vt.la-V~.16) N~ 8 ~ U a e']o. vt~) ~ A B C O ~(~o, vt.~) ~ Oround~-mldngZone(!qOVl.1) 14.N ~wiyNc~(Fio. VI.1?-VI20) NA ~ PS U e (F~.Vt.S) ~ A B C O (F~O.V~.~) 4,Y 81c~ (Riv. C,o. BOO Scale Slope M~B) 1~. N Other NoM Io.~_ Dam hjnd,ion M~ (F~. VI.?) 11N~ FleedplsJ,~s lqO. ~1') (Fie. Via) ~ A B C D (Fig. V1.11) 1~. N Proj~ O~,emted Noise Affecting le. N t)o. N NoiN Sef~sith~ Uses (Fig. V1.11) NoM Se~ Proi~ (Ir, o. V1.11) Air Quality Impacts From Project ~ Sefi~Jtive to Air Quality Water OulJity Implct~ From Project Ikoiect Serratire ~ Water Quality HlzlJ'dou8 MlierllJ$ end Wigtea Hizlrdoul Iqm Area (Iqo. VLaO - Vl. al) REaOURCE8 C)lher DeRMtioM for LEd use aultabmty and Nmse A~eptlblllty Ratings U- Oenm~~ R-~ A-~~ ~ ~ '~. i. OPENSF~ANDCC)~A~ONMAPDESK)NATION(I): ADorove~ Specific Plen Nn ~. IJ~IJ~EPLA~AREA: Southwest Territory Land Use & ~IJBAREA, F ANY: 4. OOe/MUI4TYK)UCYARF. A, mFANY: Mt. Palomar 0bservatorv Plannirq) Ar~ StrPPt lighting Policies ~ CC)ldd~~F~: Southwest Area Plan & ~i, IdlLi~TYIq.~DESIGHATIGN(m~FAHY: Adopted Specific Plan No. 219 ?. ~UMM~OFK)UC]ESAFFECTINGPROPO~ The comprehensive policiP~ and project design component are applicable to the project. More specifically, the focus of the applicable policies are on Planning Area 8, which encompasses the entire proposal. PUBLIC FACILITIES AND SERVICES ' ~ 1. Y ~ FimScr.t~im (IqGIV.18'N.18) _1~ Ihldml[ir~(|ll fiE. W.11"IV.18) ' .I.J_ ioid Wldm (1~ IV.l?- IV. lB) LJ.Y Fidm .rd I~ (F~ mi. lm- w2o) lO N...~_. Eciu~ TrmUs (Fig. n/,lO- fv24/ Riv. ~ 800 SMJe EQuestdmn Trkl k4mps) 11 Y.~._ IJmW (Fka. IV2S- IV2S) 1~'-Y LJbmdm (Fl0. IV.17 · IV. lB) l&.~.Y Hmm~ Sen4cms (Fl0.1V.17 · IV.18) 14 N,..~._AdlXXIB (FIG L18,2 · L18.4, LIU- Ll&10 & IV27 · IV,36) le~_ Cmty ~ of k~n~m 1. lldlllmilnintilndmme~l)c Aaopted SpeClTlC ~lan ~o. 219 /. BINd on Idl W IludY, II I~l r~Po m V c)3ri~ll~nt wllh the p°ilcMI Ind dlr~-~itkN~ M ~ ~~ ~ oMb~uid) L k ill I)~:uJt cQml)ltibW with Ixiding lnd I)c,j~itd ImmmdinO lind deS? Bmmd an Iris InBd mdudy. lB ~0 I~&OUII' oc[milunl w~ td G(~.(N,JTW~dJVO Germfid Pin? not, mmdainto by Seedon mfid Immm Number gumram Ilium Idm dl~ k~)-mMmr~!mm' ~ ~Me ~ mitigation m~a~ure~, # identifiable ~ mquid~ ~n eendmnmenlal iml~ct fel)Ort (E.I.R.), ,' ~ ~. ~URCES, AGENCIES CONSULTED. FINDINGS ~ FA~. M~ATION M~URES~'~jt}~ ' III.B.1 Although the site' is not in' a Count~/ Fault Arna, fault~ have, h~n identified on the site.~?~A geologic" report which also addresses potential ]~quefactton, ~s be~n9 p~epa~ed The County Geo]oc~st*'w~]]"~evtew~and III.B.2 The southwestern portion'of the'tract '::'liquefaction A report is being:' ' ~' '~' "~" ~'~"~'~:~'~'¥'~:" ~:~'"*'?* ...."::~ '~' , · prepared.. H~t~t~on ~hou]d ~pl~f~d fn ~l~es a~d'ePoslon {ncl'ud~c the visual appearance of D. manPnf~' ~1 unprotected slopes and possib]e slope Instability.? The':'Po~enUai','tm'~act pertaining to visual appearance~ts' mttt=ated by DevelopeAt outlined tn Section IIIA~6 nf ~.rif(~ Plan Nn~lq '~The potential fnr erosion is'being studlid in a slope*:s~abi'l itv study and'the dev~l~nt of speciftc requirements for al 1 p~tal ~l stage. Temporary qroundcover ~111 he construrt(.n ph,~. aS indicated"~n E.I.RY. III.B.10 Potential flood impacts from dam tn,;~';'~~u~~'f~~ H~ga~ton ~su~es a~e"~o be based on'~he assessment'a~'desc~tbed discussed in E.I.R. No7235, prepared'for"the'Meadows~S,ecifi(Plan~ :, .. ~. ~ . '.~' .~-~.Fl~~ ~d.~ ~u'i,~'4~: ~ 'h,-~. No. 219. N~ttgatton wt]] be based on thereport?rHont.tort~and~'~ eporting t s requt red. ' ....:'" ':' ~:;: ....;~'"' ?~"~ III.B.26 The site ha~ nn~ n ~mnll Oortion nf land agricu]ture. It was detem~ned In E.I.R. impacts would occur. ' ' "' ":' ';"c~:~:~'~J~ ';;~~"~~' III.B.28 The site ts within the hi~tar~ rn~ n~ +k~ Fpd~.nl'~tce~d Stephens Kangaroo Rat. No species were found'on'thts~.stte?,'Aiso~ not ~n a study area or known occupied habitat:.-~:Therefore:~no'm~ign~nn is required at this time:: , ...... ..~:~ IV.B.1.3-9 The 1ssues pertn~n~ fo the OVi inn nf Jn~strk r . ' ' pr ~ discussed and addressed in S~ectfic Plan Na. environmental rewew is evaluated in E.I.R. CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT FINAL VESTING TRACT NO. TRACT NO. 24136-1 DATE March 7, 1991 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Streets and Drainaqe $ 636,500.00 $ 318,500.00 Water $ 160,500.00 $ 80,500.00 Sewer $ 141,500.00 $ 71,000.00 TOTAL $ 938,500.00 $ 470,000.00 *Maintenance Retention (10% for one year) *(or Bonds if work is completed) $ 93,850.00 Monument Security City Traffic Signing and Striping Costs RCFC Drainage Fee Due Signalization Mitigation Fee - SMD ~ Road and Bridge Benefit Fee Other Developer Fees $ 32,500.00 $ -0- $ -0- $ 15,150.00 $ -0- $ -0- Plan Check Fee Due Inspection Fee Due Monument Inspection Fee Fee Paid To Date ~Credit) Total Inspection/Plan Check Fees Due $ $ $ $ $ 45, 199.36 41,189.36 1,043.90 87,432.62 - 0 - A:TM24136-1 ITEM NO. 10 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTO EY FINANCE OFFICER CITY MANAGER' CITY OF TEMECULA AGENDA REPORT City Council/City Manager Engineering Department ~ May 6, 1991 Release Faithful Performance Warranty Bonds in Tract 18518-3. PREPARED BY: Albert Crisp R ECOMMENDAT ION' That the City Council AUTHORIZE the release of street and water Faithful Performance Warranty Bonds in Tract No. 18518-3 and DIRECT the City Clerk to so advise the clerk of the Board of Supervisors. DISCUSSION: On March 29, 1988, the Riverside County Board of Supervisors entered into subdivision agreements with: Pavilion Rancho Ltd. 26941 Cabot Road, Suite 104 Laguna Hills, CA 92653 for the improvement of streets, and the installation of water systems and sewer systems. Accompanying the subdivision agreements were surety bonds issued by: Pacific States Casualty Company as follows: Bond No. 1309 in the amount of $467,500.00 to cover street improvements Bond No. 1309 in the amount of $24,500.00 to cover water improvements. A:TR18518-3 1 Bond No. 1309 in the amount of $50,500.00 to cover sanitary sewer system. Bond No. 1310 in the amount of $14,500.00 to cover setting of lot stakes and subdivision monuments. Bond No. 1309 in the amount of $271,500.00 to cover materials and labor. On March 30, 1990, The County of Riverside accepted these improvements and retained the following secured amounts for a one-year maintenance period: Streets: $ 46,750.00 Water: 2,450.00 Sewer: 5,050.00 The one year maintenance period having passed with no maintenance required, staff recommends that the subject warranty-maintenance bonds be released. The affected streets are Humbolt Court and a portion of Yardley Court, Riverton Lane, and Calle Medusa. On May 22, 1990, the County of Riverside released the monument bonds. On July 23, 1990, the County of Riverside released the material and labor bonds. AC/ks Attachment: Vicinity map A:TR18518-3 2 l. 0C,4 T/ON' ITEM NO. 11 APPROVAL CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Engineering Department ~ May 6, 1991 Acceptance of Public Improvements in Tract No. 19872-1 PREPARED BY: Albert Crisp RECOMMENDATION: That the City Councii ACCEPT the Public Improvements in Tract No. 19872-1, AUTHORIZE the reduction of street, sewer, and water Faithful Performance Bond amounts, APPROVE the Subdivision Agreement Rider, ACCEPT the Faithful Performance Maintenance Bond, and DIRECT the City Clerk to so advise the clerk of the Board of Supervisors. DISCUSSION: On November 5, 1985, the Riverside County Board of Supervisors entered into subdivision agreements with: Spanish Oaks Development Company 255 North San Gabriel Blvd. Pasadena, CA 91107 for the improvement of streets and the installation of sewer and water systems. Accompanying the subdivision agreements were bonds issued by: Developers Insurance Company as follows: Bond No. 916484S in the amount of $471,500.00 to cover street improvements. A:TM19871-2 1 Bond No. 916484S in the amount of $102,000.00 to cover water improvements. Bond No. 916484S in the amount of $117,000.00 to cover sewer improvements. Bond No. 916484S in the amount of $345,250.00 to cover materials and labor. The developer was required to post surety in the amount of $360.000.00 to cover their share of the proposed Pala Road Bride ~esign and construction. The initially posted ~tter of credit issued by Overland ~ was later replaced by Bond No. 1172 in the '~,me amount. The ~wing items have been completed by the developer or his engineer in accorc_nce wit~ the approved plans: Required street, sewer, and water improvements. The affected streets are Dulce Court, Esplendor Court, Esmerado Court, Clavado Court, and portions of Loma Linda Road and Pala Road. 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 improvemen~ ~nds. Therefore, it is appropriate to reduce these bonds as follows: Streets: $ 424,350.00 Water: 91,800.00 Sewer: 105,300,00 The remaining 10% of the original faithful performance letters of credit amounts are to be retained for one (1) year guarantee period as follows: Streets: $ 47,150.00 Water: 10,200.00 Sewer: 11,700.00 The successor-in-interest, Richmond American Homes of California, Inc., has submitted Maintenance Bond No. P91-1914, issued by Southern American Insurance Company, a Utah corporation, 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 will remain in effect pending City Council exoneration. A:TM19871-2 2 The Pala Road Bridge issue has not been resolved and the Bond will be held pending final resolution of the mode of financing and construction. AC:lb Attachment: Vicinity Map Subdivision Agreement Maintenance Bond A:TM19871-2' 3 ~IT£ ¥1CINIT¥ MiOt~ AGREEMENT REGARDING SUBDIVISION IMPROVEMENTS THIS AGREEMENT is made and entered into between the CITY OF TEMECULA, hereinafter called "CITY", and Richmond American, hereinafter called "CONTRACTOR". WITNESSETH: V/HEREAS, the County of Riverside and CONTRACIOR 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 No. 19872-1 ; ViHEREAS, the City of Temecula incorporated on December 1, 1989; V~'HEREAS, in order to expeditiously process the acceptance of improvements pursuant to the final map, the CITY has permitted subdividers to use the existinq County Subdivision Agreement and Bond forms in lieu of CITY for'ms; INHEREAS, 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 concernin9 Tract No. [9872-1 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 No. ] 9R77- 1 are now hereby defined to refer to the "City Engineer". 3. All references to any other Riverside County offices or positions contained in the Agreements or Bonds concerning Tract~ Nn.]9F~??-] now hereby refer to tlne equivalent CiTY offices or positions. Dated: xMarch 27, 1991 z~Richmond American Homes of California,Inc CONTRACTOR'S NAME ,~¢r]~i2~ n ;tore' s Name) Jack W. Davidson, President Jeffrey Palmquist, Vice President CITY OF TEMECULA Dated: RON PARKS. MAYOR Dated: JUNE S'. GREEK, CITY CLERK APPROVED AS TO FORM: SCOTT F. FIELD, CITY ATTORNEY O z O STATE OF CALIFORNIA ) (Acknowledgement) County of OraiK~e ) ss. ) 27th March 91 Lynnette Wood On this day of , in the year 19 , before me, a Nota.ry Public in and for the said Sta, te., residing therein,,..d,.uly com_mi,%sioned, an.d swqr. n, per~sonally. a, ppea. red Jack W. Davidson, President ~nd Jezrrey ~anrqu~st, v~ce ~res~aen~ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s): (~-] INDIVIDUAL) Whose name is subscribed to this instrument, and acknowledged that he (she or CORPORATION) (I"~ PARTNERSHIP) IN WITNESS WHEREOF, above written. they) executed it. Vice President Who executed the within instrument as president and __ ~1~--- ~ on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its articles and by-laws and a resolution of ~ts Board of Directors. That executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. have hereunto set my hand and affixed my official seal, in and for said State. the day and year firs_t ,~ , \ \ / · ~,~,~ Notary P~bliC in an8 for~said State of Califorma My commission expires: \'~/¢~ ,' .... t OFF [CIAL SEAL Lynnsite M. Wood ORANGE C~NTY UyC0m~ E,0,rosO~ 2~ OCT-76 MAINTENANCE BOND BOND NO. P91-1914 KNOW ALL MEN BY THESE PRESENTS, That we, Richmond American Homes of California. Inc., as Principal, and Southern American Insurance Company, a corporation organized under the laws of the State of Utah, as Surety, are held and firmly bound unto the City of Temecula. California, as Obligee, in the penal sum of Sixty Nine Thousand Fifty and no dollars ($69.050.00/100), to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, Principal entered into a Contract with the City of Temecula. California for Construction of Streets/Drainage, Water and Sewer Improvements for Spanish Oaks Tract 19872-1 approved by the City of Temecula on March 20. 1991. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period, and NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after April 16. 1991 then this obligation shall be void, otherwise to remain in full force and effect. Signed, sealed and dated this 16th day of April , 19 91 Address to which notice to Surety should be sent: Morris & Associates 675 Ygnancio Valley Road Suite A 200 Walnut Creek, CA 94596 APPROVED AS TO FORM: Richmond American Homes of California, ~~/Z~ ~ (Seal) C~ W. Da df~-~esident (Seal) ~~a /~~ce President (Seal) Scott F. Field, City Attorney State of ~ California) ) SS. County of Oranqe ) On this 18th day of April , in the year One Thousand Nine Hundred and ninety one , before me, Lynn~tte Wood a Notary Public in and for the County of Orange , State of c~ Calif. residing therein, duly commissioned and sworn, personally appeared Jack W. Davidson and Jeff Palmqui known to me to be the person whose name is subscribed to the within instrument as the President and Vice President of Richmond American Hc~es of CA, Inc. (a Corporation) and acknowledged to me that he subscribed the name of said Corporation thereto as principal and his own name as Jack W. Davidson and Jeff Palm~uist, President and Vice PrDsident. IN WITNESS WHEREOF, I have hereunto set my hand'.and affixed my official seal at my office in the said County of Orang~. the day and year~in_~hJ~c_o-r.~ flc~te first above written. :~ f~ OFFICIAL SEAL > - , Notary Public in and for the Oranqe , ~ California My Commission Expires: Oct. 21, 1994 County ****** State of Colorado County of Denver On this 16th.day of April , in the year One Thousand Nine Hundred and ninety one , befQre me, Harriet J. Hunt, a Notary Public in and for the County of , State of Colorado, residing therein, duly commissioned and sworn, personally appeared Vivienne Douglas, known to me to be the person whose name is subscribed to the within instrument as the attorney-in- fact of Southern American Insurance Company (a Corporation)-and acknowledged to me that. he subscribed the name of said Corporation thereto as principal and his own name'as attorney-in-fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at my office in the said County of Denver, the day and year in this certificate first above written. 'arr~.~Hunt~ Notary Public in and for , Colorado. the County of SOUTHERN AMERICAN INSURANC~ COMPANY POWER OF ATTORNEY KNOW ALL ~ BY THHSB PRRqBNTS, that $O~ AMERICAN INSURANC~ COMPANY, · cm~rstion duly _o~-.~"~ und~ the tam~ of the Stst~ of Utah, sud hev~ its tn'incifui office in ~ City of P, uvo, Con~ of U~m, Stst~ of Utsh, does hercity make., o:mtimt~ and appoint VIVIENNE DOUGLAS of Denver, Colerndo its ~ue ~ lawful Atmmey(s)-in-Fact, wi~ full power and amhm-ity to ~ of said Auorn~(s)-in-Fact, in their ~ ca.city to si{n, ~cute and ~ck~owled{e any h~eby r~tifier and coufinus all timat ~ said Auomey(s)-ln-Faat u~y do I~ pu~s~an~ hereo£ TI~ Power of Aum'n~y is granted by md ,,,,~,,' s~R~lty of ~ fo"ow~g provisions: (1) Amendment to By-Laws adop~d by ~h~ Stockholders of SOUTHERN AMERICAN I~SURANCB COMPANY at · meeti~ d~ly called and held on May 5, 1988. ARTICLE IV Section 3-0. Vic~ Borcherds or Stephen P. Yee~n, ~, Pr~td~ md ~ecutive Vice Prcelde~ ~ hav~ pow~ md sml~-ity to appoint, foe purpo~s of Fact, and ~ st any time add to or remove any other ~ Presidere, Vice l~side~, or pmduc~, oe Atummey-in-Fact, and ruvok~ the {x:,wor and authority giveu to him. ~y such ~ ~xec~d by any such Auomey-in-Fac~ ~ ~ ~ ~ u~ ~ ~. (2) ~t ~ ~ M~u~ ~ s ~ ~ ~ B~ ~ D~ of ~ ~ ~CE ~ ~ ~ ~ ~ ~ ~e ~ ~y ~ ~y, 1988. ~ a~ ~, ~ Vi~ ~, or '~ ~ ~ ~~t ~ ~ f~ ~ ~de ~, ~ 3~-H, ~ ~ ~ By-~ ~ ~ ~. ~ P~ ~ A~ ~ si~ ~ ~ ~ ~ ~ ~ by ~ au~ of ~ follo~ ~ ~op~ ~ ~ D~ of SOLON ~M~ ~U~CB ~ at ~ ~ ~y ~ ~ ~d ~ ~ 5~ ~y of ~y, 1988. R~L~, ~ w~ ~ ~ ~ ~ ~m P. Y~ ~v~ ~ ~g =~ hv~ ~ ~ ~ a~, u 1~ ~ ~ NOW ~g ~ ~ of ~ B~, ~g ~ S~hm P. Y~ ~tve ~g ~ ~ ~ ~ of ~ &g~ ~y ~ ~ ~ ~ ~ ~ ~er of a~, on ~y ~ of ~y ~ of ~, ~ ou ~y ~ g~ ~, ~ ~ ~ ~ ~w~ of ~y, my r~ of ~y ~ of a~, ~ ~ ~ ~ f~e g~ ~ f~e ~ ~ ~ w~ ~ b~ u~n ~ ~ ~ ~S ~F, ~ ~ ~S~CB ~ ~ ~ ~ ~ m ~ si~ ~ i~ ~i~ ~ ig ~w Vi~ ~ ~ i~ ~ ~l ~ ~ h~ ~ ~ ~ ~ im ~ S~, ~ 1~ ~ ~ ~, 1988. ~ : 88. ~ OF ~ ) ~ i ~mm - My C~[m ~ / ~ / : Ter~ M. Atklnson ~ ' ' " Rwe.on UT ITEM NO. 12 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER~~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Engineering Department ~~ May 6. 1991 Acceptance of Public Improvements in Tract No. 19872-2 PREPARED BY: Albert Crisp R ECOMMENDAT ION: That the City Council ACCEPT the Public Improvements in Tract No. 19872-2, AUTHORIZE the reduction of street, sewer, and water Faithful Performance Bond amounts, APPROVE the Subdivision Agreement Rider, ACCEPT the Faithful Performance Maintenance Bond, and DIRECT the City Clerk to so advise the clerk of the Board of Supervisors. DISCUSSION: On November 5, 1985, the Riverside County Board of Supervisors entered into subdivision agreements with: Spanish Oaks Development Company 265 North San Gabriel Blvd. Pasadena, CA 91107 for the improvement of streets and the installation of sewer and water systems. Accompanying the subdivision agreements were bonds issued by: Developers Insurance Company as follows: Bond No. 916481S in the amount of $517,500.00 to cover street improvements. A:TM19872-2 ' 1 Bond No. 916481S in the amount of $92,000.00 to cover water improvements. Bond No. 915481S in the amount of $135,000 to cover sewer improvements. Bond No. 916481S in the amount of $372,250.00 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 Via Consuelo, Maskua Court, Comotilo Court, Puas Drive, and portions of Pala Road, Loma Linda Road, East Loma Linda Road, and Via Gilberto. 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: $ 465,800.00 Water: 82,800.00 Sewer: 121,500.00 The remaining 10% of the original faithful performance letters of credit amounts are to be retained for one Ill year guarantee period as follows: Streets: $ 51,700.00 Water: 9,200.00 Sewer: 13,500.00 The successor-in-interest, Richmond American Homes of California, Inc., has submitted Maintenance Bond No. P91-1915, issued by Southern American Insurance Company, a Utah corporation, 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 will remain in effect pending City Council exoneration, AC:ks Attachment: Vicinity Map Subdivision Agreement Maintenance Bond A:TM19872-2 2 V I C / A/I T )/ ,/,,)',,4 ,/~ AGREEMENT REGARDING SUBDIVISION IMPROVEMENTS THIS AGREEMENT is made and entered into between the CITY OF TEMECULA, hereinafter called "CITY", and [ichmond Amer£can, hereinafter called "CONTRACTOR". WITNESSETH: WHEREAS, the County of Riverside and CONTRACIOR 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 No. 19872-2 ; WHEREAS, the City of Temecula incorporated on December 3, 1989; WHEREAS, in order to expeditiously process the acceptance of improvements pursuant to the final map, the CITY has permitted subdividers to use the existinq County Subdivision Agreement and Bond forms in lieu of CITY for-ms; 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 Nn. ] 9R77-? 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 No.19872-2are now hereby defined to refer to the "City Engineer". 3. All references to any other Riverside County offices or positions contained in the Agreements or Bonds concerning Tract' No. 19872-2 now hereby refer to tlne equivalent CITY offices or positions. ,~Ri chmon d American CONTRACTOR'S NAME D ated:~M~rch 27, 1991 "By~;~~~t,-S~ ~ ~ ~ i~% Davids or , r Palmquis Homes of C~lifornia, Inc CITY OF TEMECULA Dated: RON PARKS, MAYOR Dated: JUNE S. GREEK, CITY CLERK APPROVED AS TO FORM: SCOTT F. FIELD, CITY ATTORNEY O O O STATE OF CALIFORNIA ) (Acknowledgement) County of Orange ) ss. ) On this 27~h. day of Sa~'d"l , in the year 19 9.1. , before me, L~p_r~ette ~7ood a Notary Public in and for the said State, residing therein, duly commissioned and sworn, personally appeared Jack W. Davidson, President and Jeffrey Palr~H~t, V~c~ Pro~idon~ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s): ([-"~ INDIVIDUAL) Whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. Vice President ~ CORPORATION) Who executed the within instrument as __ president and __ ~ '-r~t~'l'~, on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its articles and by-laws and a resolution of ~ts Board of Directors. ([--~ PARTNERSHIP) That executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, in and for said State, the day and year first above written. Notary Pdblic in and for said State of California My commission expires: 1~'?'?~/'¢~'~- OCTo76 MAINTENANCE BOND BOND NO. P91-1915 KNOW ALLMEN BY THESE PRESENTS, That we, Richmond American Homes of California. Inc,, as Principal, and Southern American Insurance Company, a corporation organized under the laws of the State of Utah, as Surety, are held and firmly bound unto the City of Temecula. California, as Obligee, in the penal sum of Seventy Four Thousand Four Hundred and no dollars ($74.400.00/100), to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, Principal entered into a Contract with the City of Temecula. California for Construction of Streets/Drainage, Water and Sewer Improvements for Spanish Oaks Tract 19872-2 approved by the City of Temecula on March 20. 1991. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period, and NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after April 16. 1991 then this obligation shall be void, otherwise to remain in full force and effect. Signed, sealed and dated this 16th day of April , 19 91 Address to which notice to Surety should be sent: Morris & Associates 675 Ygnancto Valley Road Suite A 200 Walnut Creek, CA 94596 Approved as to form: Richmond American Homes of California, . ~ "~ ~ , (Seal) ~--~3~_~. 'o~~es ident (Seal) a ice Pres_dent (Seal)' Souther~American Insurance Company V~/fenne Douglas, Attorney,S-Fact Scott F. Field, City Attorney State of ~California ) County of Orange ) On this 18th day of April , in the year One Thousand Nine Hundred and ninety one , before me, Lynnette %k~d a Notary Public in and for the County o~ Orange , State of ~Calif. residing therein, duly commissioned and sworn, personally appeared Jack W. Davidson and Jeff paq_~qui. known to me to be the Dersot[ whos~e name. is subscribed to the within instrument as the President and Vice Freslaent of Richmond American Hc~nes of CA, Inc, (a Corporation) and acknowledged to me that he subscribed the name of said Corporation thereto as principal and his own name as Jack W. Davidson and Jeff Palm~uist, President and Vice P~esident IN WITNESS WHEREOF, I have hereunto set my^hand:and affixed my official seal at my office in the said County of urange the day and year :~At~qe~r~t~.i~i~c~te first above writ. ten. ~ ~ OFFICXAL SEAL ~ .~ I~-i' {'~' ~ ~ ' < 3~ LynnetteM. Wood; "~ [ J~"' ~'~ ~ ~ ~~NOTARY PUBLIC ~LIFORNIA, Notary Publi~' ....... gW~'and for the County of Or~ge ~ ~lifo~ia My Commission Expires: ~. 21, 1994 ****** State of Colorado County of Denver On this 16th.day of April , in the year One Thousand Nine Hundred and ninety one , before me, Harriet J. Hunt, a Notary Public in and for the County of , State of Colorado, residing therein, duly commissioned and sworn, personally appeared Vivienne Douglas, known to me to be the person whose name is subscribed to the within instrument as the attorney-in- fact of Southern American Insurance Company (a Corporation) · and acknowledged to me that. he subscribed the name of said Corporation thereto as principal and his own name'as attorney-in-fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at my office in the said County of Denver, the day and year in this certificate first above written. Notary Public in and for , Colorado. H rrie~n't~~~-- the County of SOUTHERN AMERICAN INSURANCE COMPANY POWER OF ATI'ORNEY KNOW ALL MEN BY THESE PRESENTS, ~b~ SOUTHERN AMerICAN INSURANC~ COMPANY, ~ cc~.por~iou du~y m,~u~zed un~r ~he sm~ ~f Utah. and bsvin~ i~ t~tn~p.l omce in me Cit./of l~ovo. Count./of Utah. Stat~ of U~h. does here~/mt~. con,irate .rid appoint ~ ~OUOLAS of D~n,~, Colom:k~ t~ n~Ua'e t~of ~ si~n~d by -- ~.~cu~ive Ofi~lc~ of SOUTHE.qN AMS~CAN INSURANCB COMPANY md s~l~ ~d .-,e~d by o~ o~a' of such Ot~c~'s, ~ r~ifie~ and coaL, ms all that ~ said Auomey(s)-ln-F~t m~y do in pmw. umo~ Th~s Po~ of .4~x~y ~s ~amed by snd vnd~' authadty of ~bn follo~in~ prov~ons: (1) Ame~ln~m to By-Laws adopted by the Sv~.kboklml of SOUTHERN AME~CAN INSURANCE COMPA.-~F~ at a m~etin~ du~ called an~ held on May 5, 198~. ARTICLE IV Section ~-H. At~.neys-in-Fsct shall have po~e~ md .,,~mtty, subject m ~ ~ ~ ~o~ ~ ~ ~w~ of A~y ~ m ~ ~ ~ ~ ~v~ on ~ of ~ ~y ~ ~ a~ ~ ~ of ~ ~ ~ ~ ~ ~ ~ ~ ~i.~,~ ~ o~ ~ ob~ ~ ~e ~ ~f, ~ ~y ~ ~ ~ by ~ ~ Auo~y-~F~ ~ ~ ~ ~ u~ ~ ~. (2) ~ ~ ~ Minu~ ~ n ~ ~ B~ ~ D~ ~ ~ ~ ~S~CE ~MP~ ~ ~ ~ ~ NOW ~~ ~ ~e ~ ~ B~, ~ ~ ~ P. Y~ ~u~w ~ ~ ~ ~ ~ of ~ ~on ~y ~ ~ ~ ~ ~ ~ ~ of a~y, on ~y ~m of ~y ~ of ~, ~ ~ ~y ~ m~ ~, ~ f~ ~ ~ ~w~ of a~y, ~y ~A~ OF ~ ) / : SS. ~ OF ~ // ~ Ter~ M.Atklnson ~A~o~ ?~s ~ P.O ~ox~5~ ~j ' ' ' " R~e~on UT ~:,~>~.' / / ~ ,~.~ ' . ,, . M~k L Po~ ~ ~ ITEM NO. 13 o APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER~ CITY OF TEMECUI. A AGENDA REPORT TO: City Manager/City Council FROM: Joe Hreha, Manager of Information Systems DATE: May 14, 1991 SUBJECT: CITY OF TEMECULA STREET BANNER PROGRAM RECOMMENDATION: That the City Council: Direct Staff to pursue the Street Banner Program, returning to the City Council with final costs, program development, funding identification, and exact installation locations. DISCUSSION: Mayor Pro Tem Birdsall requested that Staff look into the implementation of a City of Temecula Street Banner Program. Attached are documents showing projected costs, a parts list, a pole assembly drawing, a typical section drawing, a procedure for hanging street banners, a sample street banner permit form, ard banner construction specifications. FISCAL IMPACT: To be determined. ATTACHMENT: Documents supporting the above discussion. CITY OF TEMECULA TO: FROM: $ UBJ£C T: MEMORANDUM City Manager/City Council Joe Hreha, Manager of Information Systems~---~__.~ CITY OF TEMECULA STREET BANNER PROGRAM ENCl. OSURE: DATE: Agenda Report Same Subject May 7, 1991 The enclosed Agenda Report, same subject, lacks the attachment with projected costs. This information will be provided, under separate cover, upon receipt from the manufacturer and their field installation office. ~ko,qe, e Dlvi.,do~ Union Metal CORPORATION Frankloft and Spaulding P.O. Box 188 Mu.~koqee. Oklahoma 74401 (918) 682.5521 Telex: 79-6057 CUST. ORDER NO. MARKS: FINISH: SHEET / OF / SA .r.S ORDER q OUANTITY ,H~PI~'D ASS*Y PART PART NO. OR CONTROl. NO. PATT NAME & DESCRIPTION , ~-~.~x ~,.~(,, x' ~'-,~ DRAWING NO. WE1GHT FINISH ASS'Y NO, UNION METAL C0t~ MUSKOGEE I)ZViSiON People Pride Progress Public Works Department Transportation Engineering Division City HaH P.O. Box 1440 23119 Cotton, Build Moreno Valley, CA 92388-9664 (714) 243-3140 Fax: (714) 243-3009 Procedure for the Han~ing of Street Banners All requests to hang banners must be approved by the City Manager and may be subject to the approval of the City Council. LOCATIONS OF BANNER CABLES: Sunnymead B1 - adjacent to Moreno Valley Police Department Perris B1 - adjacent to Sunnymead Park Graham St - north of Alessandro B1 Heacock St - north of Hemlock Av CONDITIONS FOR INSTALLATION: 1) A Street Banner Permit signed by an official representative of a non-profit organization, as defined by Internal Revenue Code Section 501c, must be submitted for approval by the City Manager. It must be accompanied by a Banner installation and removal fee in the amount of $50.00 per location. 2) A Street Banner Permit signed by an official representative of any other organization must be submitted for approval by the City Manager and the City Council. It must be accompanied by a certificate of insurance in the amount of $ 1,000,000 naming the City of Moreno Valley as an additional insured, a Banner installation and removal fee in the amount of $ 50.00 per location, and rental of $ 30.00 per week per location. 3) The sponsoring organization is responsible for design, making, and the delivery of the banner(s). The banner(s) will be hung by the Traffic Signal Maintenance Section of the Transportation Division of the Public Works Department. 4) The banner must hang no lower than 18 feet above the roadway and must meet the banner specification established by the Public Works Department. 5) The banner may be displayed approximately two weeks prior to the event and will be removed within two days of the end of the event. Specific date for banners to be displayed and removed are given. Banners will be available for pick by the sponsoring organization at the Transportation Engineering Division, Public Works Department after removal. Arrangements for pickup must be made by the sponsoring organization. OUTLINE OF PROCEDURES AND RESPONSIBILITIES ORGANIZATION 1) Makes application to hang banner through the Transportation Engineering Division, Public Works Department. TRANSPORTATION DIVISION ENGINEERING 2) Obtains information on purpose of the banner, date of the event, sponsoring organization, site requested and dates, etc. 3) Checks schedule to see that sites are available. 4) Informs organization representative of technical requirements governing the hanging of street banners, fees, and permit. 5) Has the organization representative fill out the Street Banner Permit, providing all requested information. ORGANIZATION 6) Returns to Transportation Engineering Division the signed Street Banner Permit accompanied by the required certificates and fees. TRANSPORTATION DIVISION ENGINEERING DIRECTOR OF PUBLIC WORKS, CITY MANAGER, AND CITY COUNCIL TRANSPORTATION DIVISION ENGINEERING 7) 8) 9) Sends Street Banner Permit to the Director of Public Works, City Manager, and City Council, if needed for approval/disapproval. Approves or disapproves. Makes arrangements to have the banner hung. CITY OF MORENO VALLEY Department of Public Works Transportation Engineering Division Street Banner Permit Sponsoring Organization: Type of Organization: Name of Representative: Address: Non-Profit Other Date: / / Phone: Graham St - North of Alessandro B1 Heacock St - North of Hemlock Av Perris B1 - Adjacent to Sunnymead Park Sunnymead B1 - Adjacent to Moreno Valley Police Department Start Date: Purpose of Banner: Date of Event: / / / / Signature of Organization Representative End Date: / / Sketch Attached: Yes/No Installation and Removal Fee @ $50.00 per location: *Site Rental @ $30.00 per week per location: Total Fees and Rental: Received: / / By: Finance Department *Insurance Certificate Received: / / By: Transportation Engineering Approved/Disapproved Director of Public Works: Approved/Disapproved City Manager: Approved/Disapproved City Clerk for City Council: / / / / ? * Items not required for Non-Profit Organizations(IRS Code 501c) Original-Requestor/lst & 2nd Copies-Trans Engineer/3rd Copy-Finance 40' Hax Max J i3/8" Nylon Rope U U U U Existing Cable Exlstin9 Cab(e BANNER DETAIL AIR VENT DETAIL BANNER CFINSTRUCTIF1N SPECI?ICATIFINS 1, Maximum size 3 Feet by 40 Feet, Minimum weight o~ canvas 14,72 oz (~10) or equlvi[ent 7 inch by 7 inch air vent every 5 Feet, 4, No 4 9rammers may be placed in act 4 corners 5, Doubte snap harness hooks used every 36 inches, 50 ~eet oF 3/8 inch nyton rope extendin9 From each end 9rammer, IF banner is tess than 40 Feet, total length o~ rope must extend 45 Feet ptus the diFFerence between 40 Feet and the length oF the banner, ITEM NO. 14 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Engineering Department ~ May 6, 1991 Acceptance of Public improvements in Tract Map No. 21765 PREPARED BY: Albert Crisp R ECOMMEN DAT ION: That the City Council ACCEPT the Public Improvements in Tract No. 21765, AUTHORIZE the reduction of street, sewer, and water Faithful Performance Bond Amounts. APPROVE the Subdivision Agreement Rider and the Guaranty Agreements, ACCEPT the Faithful Performance Maintenance-Guaranty Bonds, and DIRECT the City Clerk to so advise the clerk of the Board of Supervisors. DISCUSSION: The Riverside County Board of Supervisors entered into subdivision agreements with: Gateway Meadowview Associates, Ltd. 2385 Camino Vida Robie, Suite 110 Carlsbad, CA 92009 for the improvement of streets and the installation of sewer and water systems. Accompanying the subdivision agreements were letters of credit issued by: Indemnity Company of California as follows: Bond No. 976543S in the amount of $125,500.00 to cover street improvements. A:TM21765 1 Bond No. 976544S in the amount of $10,000.00 to cover water improvements. Bond No. 976545S in the amount of $11,000.00 to cover sewer improvements. Bonds No. 976543S, 976544S, and 976545S in the total amount of $73,250.00 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 Corte Cantania and a portion of Avenida Sonoma. The insoection and verification process relating to the above items has been cornpie, by the County of Riverside Road £~partr~ ~. and City Staff, and the Engin~ ~g Department recommends the reductio~ the faithful performance subdi n improvement bonds. Therefore, it is appropriate to reduce these bonds as t~oi ~ Streets: $ 112,950.00 Sewer: 9,000.00 Water: 9,900.00 The remaining 10% of the original faithful performance bond amounts are to be retained for one (1) year guarantee period as follows: Streets: $ 12,550.00 Sewer: 1,000.00 Water: 1,100.00 The developer has submitted Mair~ enance Bond Nos. 976543S, 976545S, and 976545S designating the City of Temecula as obligee. City Council acceptance of these bonds 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 will remain in effect pending City Council exoneration. AC:ks Attachment: Vicinity Map Maintenance Bonds Subdivision Agreements A:TM21765 2 P~,/E['T SITE V/('INITY MAP NO $CAL. E AGREEMENT REGARDING SUBDIVISION IMPROVEMENTS THIS AGREEMENT is made and entered into between the CITY OF TEMECULA, hereinafter called"ClIY", and Gateway-Meadowvi. ew Assoc. Ltd. 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 21765 ; 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; 16/HEREAS, 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 21765 are now defined as referring to the "City of Temecula". 2. All references to the "Riverside County Road Comm~ssloner" contained in any documents between CITY and CONTRACTOR concerning Tract 21765 are now hereby defined to refer to the "City Engineer". 3. All references to any other Riverside County offices or positions contained in the Agreements or Bonds concerning Tract' 21765 now hereby refer to the equivalent CITY offices or positions. GATEWAY-MEADOWVIEW ASSOCIATES, LTD CONTRACTOR'S NAME Dated: By: j'~'~,/.~'~'~ ' - DaVid M. Anders6n n ~ I Prij~ ~ignatore%s~9~a~) C I TY OF T EME{C~A Dated: RON PARKS. MAYOR Dated: APPROVED AS TO FORM: SCOTT F. FIELD, CITY ATTORNEY CITY CLERK 2 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On April 30, 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared George Szabo , personally known to me to be the person who executed the within instrument as President on behalf of Gateway Home Builders, Inc. a California Corporation as General Partner of Gateway-Rancho I, Ltd., a California Limited Partnership. the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by laws or a resolution of its board of directors, said corporation being known to me to be on of the partners of Gateway Meadowview Associates, Ltd., a California Limited Partnership. the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand ~d official ,seal. ) . ]' ................. COUNTY OF SAN DIEGO On April 30, 1991 before me, the undersigned, a Notary Public in and for said State, personal ly appeared David M. Anderson , personally known to me to be the person who executed the within instrument as President on behalf of Anderson Communities, a California Corporation, as General Partner of Gateway Meadow~;iew I, Ltd., a California Limited Partnership. the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by laws or a resolution of its board of directors, said corporation being known to me to be on of the partners of Gatew~ Meadowview Associates, Ltd., a California !.imited Partnership. the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. AGREEMENT FOR ONE-YEAR GUARANTEE AND MAINTENANCE OF ROAD/DRAINAGE IMPROVEMENTS (Government Code Section 66499.3(d)) This agreement is made and entered into by and between the County of Riverside, State of California, hereinafter called County, and Gatewaff-Meadowview Asso~.iatP.~, T,td_, A C. mlifnrni~ T,imit~d Pmr~n~rmhip , hereinafter called Contractor. WITNESSETH FIRST: Contractor, for in consideration of the approval by County of the final map of that certain land division known as Tract 21765 , hereby agrees and guarantees, at Cc%tractor's own cost and exp.~nse, to maintain all road and drainage improvements which have been completed in accordance with those road plans for said land division whick ~a,' '~en approved by the County Road Commissioner, and are cn .... n the office of the Riverside County Road Department, for a perioa of one year following the execution of this agreement by County. Contractor further agrees during this one-year period to repair or replace, to th~satisfaction of the Road Commissioner, any defective work or la~or done or defective materials furnished. The estimated cost for the maintenance is the sum of Twelve thousand five hundred fifty and no/100 Dollars ($ 12,550.00 ) · SECOND: Contractor agrees that, if suit is brought upon this agreement or any bond for the guarantee and maintenance of the road and drainage improvements, all costs and reasonable expenses and fees incurred by County in successfully enforcing such obligations shall be paid by Contractor, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any 3udgment rendered. THIRD: County shall not, nor shall any officer or employee of County,. be liable or responsible for any accident, 10ss or damage happening or occurring to the maintenance specified in this agreement. prior to the completion and acceptance thereof, nor shall County, or any officer or employee thereof, be liable for any persons or property injured by reason of the nature of the w~rk, or by reason of the acts or omissions of Contractor^ his agents or employees, in the performance of the work, and all of said liabilities are assumed by Contractor. Contractor agrees to protect, defend and hold harmless County and the officers and employees thereof from all 10ss, liability or claim because of, or arising out of, the acts or omissions of Contractor, his agents and employees, in the performance of this agreement or arising out of the use of any patent or patented article in ~he performance of this agreement. FOURTH: Contractor hereby grants to County, and to any agent or employee of County, the irrevocable permission to enter upon the lands of the subject land division as necessary to enforce the terms of this agreement. FIFTH: Contractor agrees at all times to give good and adequate warning to the travelling public of each and every dangerous condition while repairing, replacing and maintaining the road and drainage improvements, and to protect' the travelling public from such defective or dangerous conditions. SIXTH: Contractor, his agents and employees, shall give notice to the Road Commissioner at least 48 hours before beginnlng any work and shall furnish said Road Commissioner all reasonable facilities for obtaining full information with respect to the progress and manner of work. SEVENTH: If Contractor, or his agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure good and adequate maintenance within the spec: ~'led time, or if Contractor violates, neglects, refuses, or fails to perform satisfactorily, he shall be in default of this agreement and notice in writing of such default shall be served upon him. County shall have the power, on recommendation of the Road Commissioner, to terminate all rights of Contractor because of such default. The determination by the Road Commissioner of th~ question as to whether any of the terms of the agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon Contractor and any and all parties who may have any interest in the agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to County under law. EIGHTH: It is further agreed that Contractor has filed with County a good and sufficient security to guarantee and maintain the road and drainage improvements in an amount not less than the estimated cost in Paragraph First, as provided by Section 15.1 of Riverside County Ordinance No. 460. If the security in the opinion of the Road Commissioner ~ecomes insufficient, Contractor agrees to renew each and every security with good and sufficient securities or increase the a~ou~t of the securities, or both, within ten (10) days after receiving notice that the securities or amounts are insufficient. NINTH= It is understood and agreed.by the parties hereto that if any part,"term or provision of this agreement is by the courts held to be unlawful and void. the-'validity of the remaining portions shall not be affected,-and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain that .particular part, temn or provision held to be invalid. TENTH. Any'notice or notices required or permitted to be given pursuant to this agreement shall be served on the 'other party' by 2 mail, postage prepaid, at the following addresses: County Contractor Subdivision Engineer Riverside County Road Dept. County ~dministrative Center 4080 Lemon St., 8th Floor Riverside, CA 92501 Gateway-Meadowview Associates, Ltd. or to such other addresses as from time to time shall be designated by the respective parties. IN WITNESS WHEREOF Contractor has affixed his name, address and seal. Dated: 4/30/91 By Title: Ga~eway-Meadowview Associates, Ltd. George S zab~/(j Partner David..M. Anderson ~ Title: Partner ATTEST' CITY OF TEMECULA By Ronald J. Parks, Mayor By June S. Greek, City Clerk (SEAL) Approved as to form: City Att6rney LOF:rmh 10% rd agmt 10/84 3 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On April 30,.1991 before me, the undersigned, a Notary Public in and for said State, personally appeared George Szabo , personally known to me to be the person who executed the within instrument as President on behalf of Gateway Home Builders, Inc. a California Corporation as General Partner of Gateway-Rancho I, Ltd., a California Limited Partnership. the corporation therein named. and acknowledged to me that said corporation executed the within instrument pursuant to its by laws or a resolution of its board of directors, said corporation being known to me to be on of the partners of Gateway Meadowview Associates, Ltd., a California Limited Partnership. the 'partnership that executed the within instrument. and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. ~ ;:¢"*l~ ' Notary PuDI!C C. 8.hforr':c~ STATE OF CALIFORNIA COUNTY OF SAN DIEGO On April 30, 1991 before me. the undersigned. a Notary Public in and for said State. personai]y appeared David M. Anderson , personally known to me to be the person who executed the within instrument as President on behalf of Anderson Communities, a California Corporation, as General Partner of Gateway Meadowview I, Ltd.. a California Limited Partnership. the corporation therein named. and acknowledged to me that said corporation executed the within instrument pursuant to its by laws or a resolution of its board of directors. said corporation being known to me to be on of the partners of Gateway Me~dowvi.w Associates, Ltd., a California Limited Partnersh~. the partnership that executed the within instrument. and acknowledged to me that such corporation executed the same as such partner and,.,that such.partner~lxip.executed the same. . . WITNESS .¥ ha~d~nd offJoia} ..'"i~. / .. . ................. · ' ' TAR¥ SEAt. MAINTENANCE BOND County of Riverside, State of California (Government Code Section 66499.2) FOR: Streets & Drainage $ 12,550.00 Water System $ Sewer System $ Tract No. 21765 Parcel Map No. Bond No. 976543s Premium Included in performance bond Surety The Indemnity Companv of Californi~rincipa] GATEWAY-MEADOWVIEW ASSOCIATES, LTD. Address 3131 Camino Del Rio North Address 2385 Camino Vida Roble #110 City San Diego City Carlsbad, CA Zip Code 92108 Zip Code 92009 WHEREAS, The County of Riverside, State of California, and GATEWAY-MEADOWVIEW ASSOCIATES, LTD. (hereinafte~ designated as "principal") have entered into the attached agree- ment(s) whe:~eby principal agrees to maintain the above designated public im- provements for one year after completion and acceptance of the improvements, relating to {Tract/Parcel} Map N~er 2176s , which agreement(s) is/are hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement(s} to furnish bond{s) for the matnten..ance of said improvements; NOW, THEREFORE, we the pri~ctpml, and The Indemnity Company of CaliC~rAia , as.surety, are held and firmly bound unto the County.of Riverside, in the penal. sum of, Twelve thousand five hundred ~if~ ~nd ':~j~O'O ' Dollars' '($' .12,55.0. O0 )lawful mney of the ~ntted States, fort he payment of which sumwell and truly to be made, we bind ~urselves,~our heirs, successors, executors and administrators, Jointly and 'severall¥~ftrmly by t-hese presents.. ' The condtt~ton oft this 6blt~atto, i~'su'ch 'that tf the above'bonded prin-' ctpal', his or .its' helrs;"executors, administrators, successors or asslgns, 9~.a_.1 ,-J, JlkJ. -..]lj.~gs-s-tan(L~,o--and,,abi~la-bY.,-a~d-wel t.and ~l,y.,4<eep ..~. .......... ...;~?":-; .-..-. andi~,.~i~a.i~.at~_~t~e;~tma~andl;4n.~:~:::~..r::.t~!e~et,' spectfted;-:mild :in ",'~ . · -. ras. p~C~.-.~C:co:.~!agLtm,_.:~t~et.r:~.t .~ue.'3~a,t~ ".~. ,:.d. ~.me:..a~.~t,~g,~, ,an.,d~....sh,aTt :,..~.~: .d~...f~,. and .. .. . .¢.... ~j.~-, ,~- . -~ . · . . .. . , ..... · <.: . - , .-~ . , ...... ~,~' ~~'~~~~~.~~.:~ ...... ....... ~~ ~.-~~~~.~~.. -- -- :=, ;' , - As a part .of the obligati~n secured h~reby and in addition to the face amount specified therefor, there shall be included costs and zeasonable expenses and fees, including reasonable.attorney,s fees, incurred by County in successfully enforcing such obligation, all to be taxed as costs and included in any-judgment'rendered. !'~iNTENANCE BOND ~ The surety hereby .stipulaLes and agrees that no change, extension of time, alteration or addition to the terms .of the agreement or to the work to be performed thereunder or' the specifications accompanying the same shall in anywise affect 'its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the.specifications. Surety further stipulates and agrees that the provisions of Section 2845 of ~he Civil Code ar~ not a condition precud~n~ to Surety~s obligations hereunder and are hereby waived by Surety. When the work covered by the agreement is complete, the County Of Riverside will accept the work and thereupon th~ amount of the obligation ~$ ~e]eased. IN WITNESS ~IEREOF, £his instrument has been duly executed by the principal and surety above named on April 30 , ~9 91- NAM~ OF PRINCIPAL: GATEWAY-MEADOWVIEW ASSOCIATES, LTD. AUTHORIZED SIGNATURE {S ): By : .-. Title - : (IF CORPORATION, AFFIX SEAL} HAME OF SURETY: The Insco/Dico GroOp, The Indemnity Company of California AUTHORIZED SIGNATURE: ItS Attorney-in-Fact Title - (IF CORPORATION, AFFIX SEAL) ATTACH NOTARIAL AC~$OWLEDGEMENT OF SIGNATURES OF PRINCIPAL AND ATTOP~EY-IN-FACT. STATE OF CAbIFORNIA COUNTY OF SAN DIEGO On April 30,-t991 before me. the undersigned, a Notary Public in and for said State, personal ly appeared George Szabo , personally known to me to be the person who executed the within instrument as President on behalf of Gateway Home Builders, Inc. a California Corporation as General Partner of Gateway-Rancho I, Ltd., a California Limited Partnership. the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by laws or a resolution of its board of directors, said corporation being known to me to be on of the partners of Gateway Meadowview Associates, Ltd., a California Limited Partnership. the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand a~d official s 1~/~ Signature' STATE OF CALIFORNIA COUNTY OF SAN DIEGO OFFICIAL NOTARY SEAL Noiary ~uhhc -- Calltornta MyComm Exp~re~ NOV ~O On April 30, 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared David M. Anderson , personal ly known to me to be the person who executed the within instrument as President on behalf of Anderson Communities, a California Corporation, as General Partner of Gateway Meadowview I. Ltd.. a California Limited Partnership. the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by laws or a resolution of its board of directors, said corporation being known to me to be on of the partners of Gatew~y Meadowvi,w Associates, Ltd., a California T,imited Partnersh~. the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partnew and that=such partner~_~executed the same. ~/.. /// // ~ _ ~ ~ / '..~ O~FICIALNOTA~YSEAL ' / . , ' .......: ..... The insco/Dico Group MAINTENANCE BOND BOND NO: 9765435 INCLUDED IN PERFORMANCE BOND and INDEMNITY COMPANY OF CALIFORNIA, 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 TF. MECULA CA 92390 jointly and severally firmly by these presents. THE CONDITION 0r THE OBLIGATION IS SUCH THAT: WHEREAS, the above nanled Principal entered into an agreement or agreements with said Obligee to: ONE-YEAR GUARANTEE AND MAINTENANCE OF ROAD/DRAINAGE IMPROVEMENTS ~¢Z #21765 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 23RD dayof APRIL ,19 91 0~A INDEMNITy COMPf~NY LIFORNIA GATEWAY-MEADOWVIEW ASSOCIA~S, LTD., \ / ER ] Attorney-in-Fact ',~~(~ 17780 FITCH CORPORATION STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. o, APRIL 2 4, 19 9 ]. . before me. the undersigned. · Notary Public in and for said State. m personaJly appeared JO ANN PARKER · e" per~onaJly known to me (or proved to me on the basis of satisfactory ~ evidence) to be the person who executed the within instrument u Attorney- I~ in-Fact on behalf of Indemnity Company of Ca]ifornia, the corporation ~ therein named, and acknowledged to me that the corporation executec~ it.~ .........~ , WITNr$$ my hand ,ha official seal. ' LISA L. MARTIN Sil~at ~..~ ' '"~t~ M'/Ce.'n ns~ a~e~ E ,D / , / /} / ...................... POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725, IRVINE, CA 92713 * (714) 263-3300 NC 1. All power and authority herein granted shall in any event termlna{e 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 ***JO ANN PARKER, ANDREW J, SYSYN, LISA MARTIN-JOHNSTON, 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 Twenty-Five Thousand Dollars ($25,000) 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 ol 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 o! 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 gl~arantee bonds, bonds on financial institutions, lease · bonds, insurance company qualifying bonds, self-tnsurer'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, effect,re 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 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 2nd day of January, 1991. INDEMNITY COMPANY OF CALIFORNIA By H a ~ y C~t ATTEST ~'~' ~' "°m~~ ATTEST By By Walter A. Crowell, Secretary DEVELOPERS INSURANCE COMPANY By Harry C. Cr~t Walter A. Crowell, Secretary STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) On January 2, 1991, before me, the u ndersigned, a Notary Public ~n and for said State, personally appeared Harry C. Crowell and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within i nstru ment as President and Secretary on behalf of I ndem nity Company of California and as P resident 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. , i!,i~ OFFICIAL SEAL Signature ~~ VIRGINIA M. LOUMAN / Notary Public NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp. Apr. 9, 1993 CERTIFICATE ' Certificate is executed in the City of I~ine, California, this ~11TY COMPANY OF CALIFORNIA L.C. Fieblger Senior Vice President ID-312 REV. 12/90 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. 23i{D day of A?I~II~ ,199 ]- . DEVELOPERS INSURANCE COMPANY LC. Fteblger Senior Vice President STATE OF CALIFORNIA COUNTY OF SAN DIEGO On before me, the undersigned, a Notary Public in and for said State, personally appeared George Szabo , personally known to me to be the person who executed the within instrument as President on behalf of Gateway Home Builders, Inc. a California Corporation as General Partner of Gateway-Rancho I, Ltd., a California Limited Partnership. the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by laws or a resolution of its board of directors, said corporation being known to me to be on of the partners of Gateway Meadowview Associates, Ltd., a California Limited Partnership. the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my Signature ~a~nd./~d °fficial / STATE OF CALIFORNIA COUNTY OF SAN DIEGO .. /,~ .,,/-,.. ~,.~, ~ ~.~,KAREN ~ ' ' ~'m~ .... ; .... ~,~/ My camm .,u On before me, the undersigned, a Notary Public in and for said State, personal Jy appeared David M. Anderson , personal ly known to me to be the person who executed the within instrument as President on behalf of Anderson Communities, a California Corporation, as General Partner of Gateway Meadowview I, Ltd., a California Limited PartnershiD. the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by laws or a resolution of its board of directors, said corporation bein~ known to me to be on of the partners of Gateway Meadowview Associates, Ltd., a California Limited PartnershiD. the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. O;::I:iCIAL NOTARY SEA[ ,~AREN M PRIDE SAN DIEGO COUNTY AGREEMENT FOR ONE YEAR GUARANTEE AND MAINTENANCE OF WATER SYSTEM IMPROVEMENTS (Government Code Section 66499.3(d)) This agreement is made and entered into by and between the County of Riverside, State of California, hereinafter called County, and Gateway Meadowview Associates, Ltd., A Ca.lifornia Limited Partn,ership here'inafter called Contractor. WITNESSETH: FIRST: Contractor, for and in consideration o.f the approval by County of the final map of that certain land division known as Tract 21765 , hereby agrees and guarantees, at Contractor's own cost and expense, to maintain all water system improvements which have been completed in accordance with those Road plans for said land division which have been approved by the County Road Commissioner and County Health Officer, and are on file in the office of the Riverside County Road Department, for a period of one (1) year following the execution of this agreement by County. Contractor further agrees during this one-year period to repair or replace, to the satisfaction of the Road Commissioner and County Health Officer, any defective work or labor done or defective materials furnished. The estimated cost for the maintenance is the sum of one thousand and no/100 ................. ~ollars ($ 1,000.00 ) .. SECOND: Contractor agrees that, if suit is brought upon this agreement or any bond for the guarantee and maintenance of the water system improvements, all costs and reasonable expenses and fees incurred by County insuccessfully enforcing such obligations shall be paid, by Contractor,. including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in 9ny judgment rendered. THIRD: Count~ shall not, nor shall any officer or employee of County, ~liable or responsible for any accident, loss or damage happening or occurring to the maintenance specified in this agreement prior to the completion and acceptance thereof, nor shall County or any officer or employee thereof be liable for any persons or property in3ured by reason'of the nature of the work, or by reason of the acts or omissions of Contractor, his agents or employees, in the performance fo the work, and all of said liabilities are assumed by Contractor. Contractor agrees to protect, defend and hold harmless County and the officers and employees thereof from all loss, liability or claim because of, or arising out of the acts or omissions of Contractor, his agents and employees, in the performance of this agreement or arising out of the use of any patent or patented article f~ the performance of this agreement. FOURTH: Contractor agrees at all times to give good and adequate warning to the travelling public of each and every dangerous condition while repairing, replacing and maintaining the water system improvements, and to protect the travelling public from such defective or dangerous conditions. FIFTH: Contractor agrees at all times to give good and adequate warning to the travelling public of each and every dangerous condition while repairing, replacing and ~aintaining the water system iuprovements, and to protect tne travelling public fro~ such defective or dangerous conditions. SIX?~{: Co~]tractor, his agents and employees, shall give notice to ~h~ Road Cou~.]issluner at least 4~ hours before beginning any work and shall furnish said Road Commissioner all reasonable facilities for obtaining full informati,3n with r~spect to ~he progress and manner of work. SEVENTH. If Contractor, ~3r his agents or e~ployeus, neglect.~, refuses or fails to prosecute the.work with ~uch diligence as to [nsurc good ~nd a<l~,_~uat,; .nazntunanc~, w~tllin t;~u spoci2z~d t~n~, or Contractor violarcs, neglects, ref~ses or fails to p~rform satisfactorily, he shall be in'default of this agreement and notice in writing of such default shall be served upon him. County shall }lave the power, on recor.]mendation of the Road Commissioner,. to terminate all rights of Contractor because of such 'default. The detemination by the Road Commissioner of the question as to whether any of the terms of the agreeuent or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon Contractor, and any.and all parties who may have any interest in the agreement or any portion thereof. The foregoing provisions of this section shall be. in ad. dition to all other rights and remedies available to County under law. EIGHTH: It is further agreed that Contractor has filed with County a good and sufficient security to guarantee and maintain the wate= system improvements in an amount not less than the estimated cost in Paragraph First, as provided by Section 15.1 of Riverside County Ordinance No. 460. If the security in the opinion of the Road Commissioner becomes insufficient, Contractor agrees to renew each and every security with good and sufficient securities increase the amount of ~he securities, or both, within ten (10) days after receiving notice that the securities or amounts are insufficient. NINTH: It is understood and agreed by the parties hereto that if a' part, term or provision of this agreement is by the courts held to unlawful or void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain that particular part, term or provision held to be invalid. TENTH: ~ny notice or notices required or permitted to be given pursuant to this agreement shall be served on the other party by mail, postage prepaid, at the following addresses: County Contractor Subdivision Engineer Riverside County Road Dept. County Administrative Center 4080 Lemon St., 8th Floor Riverside, CA 92501 Gateway Meadowview Associates. Ltd. or to such other addresses as fro~ time to time shall be designated by the respective parties. I~ WITNESS %~HEREOF Contractor has affixed his name, address and seal. Dated: 4/30/91 Cont factor By D~vid M. Anderson Title: Partner Title~e°r g-e s~~p ar t.n er (Corporate Seal) CITY OF TEMECULA Approved as to form: City Attorney ATTEST: tRonald J. Parks, Mayor June S. Greek, City Clerk ISmALl STATE OF CALIFORNIA COUNTY OF SAN DIEGO On April 30, 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared George Szabo , personal ly known to me to be the person who executed the within instrument as President on behalf of Gateway Home Builders, Inc. a California Corporation as General Partner of Gateway-Rancho I, Ltd., a California Limited Partnership. the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by laws or a resolution of its board of directors, said corporation being known to me to be on of the partners of Gateway Meadowview Associates, Ltd., a California Limited Partnership. the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and~t such partn.9~P executed the same. WITNESS my ha~d/~nd off~is~l seal. / STATE OF CA~iFORNIA COUNTY OF SAN DIEGO On April 30, 1991 before me, the undersigned, a Notary Public in and for said State, personal ly appeared David M. Anderson , personally known to me to be the person who executed the within instrument as President on behalf of Anderson Communities, a California Corporation, as General Partner of Gateway Meadow~iew I, Ltd., a California Limited Partnership. the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by laws or a resolution of its board of directors, said corporation being known to me to be on of the partners of Gateway Meadowview Associates, Ltd., a California Limited Partnership. such partner and that such partner?ip WITNESS my b~~and official/ s.al./ the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as executed the same. MAINTENANCE BOND County of Riverside, State of California {Government Code Section 66499.2) FOR: Streets & Drainage $ Water System $ 1,ooo.oo Sewer System $ Surety Indemnity Company of California Address 3131 C~mino Del Rio North City San Diego, CA Zip Code 92108 Tract No. 21765 Parcel Map No. Bond No. 976544s Premium Included in Performance Bond Principal Gateway-Meadowview Associates, Ltd. Address 2385 Camino Vida Roble, Suite 110 City Carlsbad, CA Zip Code 92009 WHEREAS, The County of Riverside, State of California, and (hereinafter-designated as "principal") have entered into the attached agree- merit(s) whereby principal agrees to maintain the above designated public im- provements for one year after completion and acceptance of the improvements, relating to {Tract/Parcel) Map Number 21765 , which agreement(s) is/are hereby referred to and made a part hereof; and WHEREAS, said principal is required under the .tenns of said agreement(s} to furnish bond{s) for the maintenance of said improvements; NOW, THEREFORE, we the principal, and The Indemnity COmpanv of California , as surety, are held and firmly bound unto the County of Riverside, in the penal sum of. One thousand one hundred and no/ 100 ~"' Dollars '($ 1,1oo.oo )lawful money of the Un'ited States, for the payment of which sum well and truly to be made, we bind ourselves,-'our heirs, successors, executors and administrators, Jointly and several l¥,"ftmly by these presents. The condition of'this obligation is such that if the above bonded prtn-' ctpal, hf~ or .its heirs,' executors, adnffntstrators, successors or assigns, sh.a_l.] _i..n~_a! 1. J;hings_.stand.to. and_abt d~by,.~and.wel I and truly keep .anti-per ..... ................... ¥O"m ~e covenants, condttions.and..p.~vts(~s ,in the said agreement and any ~ alteratlo~ ,thereof m~e as ..... th~efn'-~vtde'd:, on his or their part, to be kept and pe.rf~r~ed~at the timeand.in the manner therein specified, and in all ' respects according to. thetr' true t~ten..t_ 8nd meaning,. and sha) 1 .tndemnt fy~ and · ~- save..4~amless.~ the County? of.:Riv~F~t~e';.~t~s 'officers, .~ agents and 'employees, .~.~. ~as .therel,~tip~la~ed,~!,then this obligation shall bec~ne null an~d, yo. td;-:other- ~-~ . wise~it~shall-'~be 'and-:rema(n in full fo~ and effect .... :-,~ As a part.of the obligati~n secured h~reby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable.attorney's fees, incurred by County in successfully enforcing such .obligation, ,all to be taxed as costs and included"in any. judgment~ rendered. - HA[NTENANCE BOND ... -~ "'-,- ~ The surety hereby~ stipulates and agrees that no change, extension of time, alteration or addition to the terms .of ~%e. agreement or to the work to be performed thereunder or' the specifications accompanying ~he same shall in anywise affect 'its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the a~reement or to the work or to the.specifications. Surety fur~er stipulates and agrees that ~he provisions of Sect[on 2845 of the CAvil Code are not a condition precedent to Surety's obligations hereunder and are hereby waived by Surety. ~l~en the work covered by the agreement is complete, the County of Riverside will accept t~e work and thereupon the amount of the obligation ~s ~e]eased. If{ S;IT~ESS I~IEREOF, £his instrumen~ has been duly executed by the principal and surety a~ove named on April 30 , 19 '91. NAME OF PRINCIPAL: GATEWAY-MEADOWVIEW ASSOCIATES, LTD. AUTHORIZED SIGNATURE (S): Partn/er Titl~ NAHE OF SURETY: CORPORATION, AFFIX SEAL} .AUTHORIZED SIG~ZATURE: Xtz' Attorney-in-Fact Title - (IF CORPORATION, AFFIX SEAL) ATTACH NOTARIAL ACKI~OWLEDC£~.~NT OF SIGNATURES OF PRINCIPAL AZ~ ATTORNEY- IN-FACT . STATE OF CAblFORNIA COUNTY OF SAN DIEGO On April 30,.1991 before me, the undersigned, a Notary Public in and for said State, personally appeared George Szabo , personal ly known to me to be the person who executed the within instrument as President on behalf of Gateway Home Builders, Inc. a California Corporation as General Partner of Gateway-Rancho I, Ltd., a California Limited Partnership. the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by laws or a resolution of its board of directors, said corporation being known to me to be on of the partners of Gateway Meadowview Associates, Ltd., a California Limited Partnership. the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my h?d..~nd of 'fl~ i al~ Signatur/~~~/~ STATE OF CALIFORNIA COUNTY OF SAN DIEGO On April 30, 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared David M. Anderson , personal ly known to me to be the person who executed the within instrument as President on behalf of Anderson Communities, a California Corporation, as General Partner of Gateway Meadowview I, Ltd.. a California Limited Partnership. the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by laws or a resolution of its board of directors, said corporation being known to me to be on of the partners of Gateway Meadowvi,w Associates, Ltd., a California T.imited Pnrtnersh~. the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such .partner and that. such partnerSexecuted the same. The !nsco/Dico Group MAINTENANCE BOND BOND NO: 976544S INCLUDED IN PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT weG_AT_EWAY-MEADOWVIEW ASSOCIATES, LTD., A CALIFORNIA LIMITED PARTNEP~]~8'incipal, and INDEMNITY COMPANY OF CALIFORNIA, 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 P. O. BOX 3000 TEMECULA CA 92390 as Obligee, in the sum of ONE THOUSAND DOLLARS ($ 1,000.00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these present~ THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal entered into an agreement or agreements with said Obli~ee to: ONE YEAR GUAi~NTEE AND MAINTENANCE FO WATER SYSTEM IMPROVEMENTS TRACT [~21765 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 23RD day of APRIL , 19 91 INDEMNITY COM~PAN~/-"~F CALIFORNIA J? A NN FA ER / 714/263-3300 CORPORATION STATE OF CALIFORNIA } : COUNTY OF SAN DIEGO ss. On APRIL 24, 1991 p~son'llyappe~ed JO ANN PARKER personally known to me (or proved to me on the ba.liS of satisfactory evidence) to be the person who executed the within instrument u Attorney- in-Fact on behalf of Indemnity Company of California, the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. , b~fore me, the undersigned, & Notary Public in and for said Sta~e, LISA L. MARTIN NOTARY PtJSLIC CALIFOI~NIA ~ F~tNCIPAL OFFICE IN ~ ~N DIF~O COUNTY ~ MyCemml~s)e~Eq~ Ma~ch31 lg02 POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725, IRVINE, CA 92713 * (714) 263-3300 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 ***JO ANN PARKER, ANDREW J. SYSYN, LISA MARTIN-JOHNSTON, 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 Twenty-Five Thousand Dollars ($25,000) 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 ol 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, elfect,ve 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 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 a~fixed 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- five Presidents and attested by their respective Secretaries this 2rid day of January, 1991. INDEMNITY COMPANY OF CALIFORNIA By Harry C.C~t ATTEST By By Walter A. Crowell, Secretary DEVELOPERS INSURANCE COMPANY By Harry C C~t ATTEST Walter A. Crowell, Secretary STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) On January 2,1991, before me, the u ndersigned, a Notary Public in and for said State, personally appeared Harry C. Crowell and Waiter A. Crowell, 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 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 OFFICIAL SEAL VIRGINIA M. LOUMAN NOTARY PUBLIC. CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp. AI~. 9, 1993 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. 23~D day of 's Certificate is executed in the City of Irvine, California, this .:UNITY COMPANY OF CALIFORNIA L.C. Fleblger Senior Vice President By ID-312 REV. 12/90 ,199 [.L. DEVELOPERS INSURANCE COMPANY ~.,q.5o ~ ~ARO gc. Fleblger Senior Vice President STATE OF CAU1FORNIA COUNTY OF SAN DIEGO On April 29, 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared George Szabo , personally known to me to be the person who executed the within instrument as President on behalf of Gateway Home Builders, Inc. a California Corporation as General Partner of Gateway-Rancho I, Ltd., a California Limited Partnership. the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by laws or a resolution of its board of directors, said corporation being known to me to be on of the partners of Gateway Meadowview Associates, Ltd., a California Limited Partnership. the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. UITNESS my ha~d...a'nd official STATE OF CALIFORNIA COUNTY OF SAN DIEGO On April 29, 1991 before me, the undersigned, a Notary Public in and for said State, personal ly appeared David M. Anderson , personal ly known to me to be the person who executed the within instrument as President on behalf of Anderson Communities, a California Corporation, as General Partner of Gateway Meadowview I, Ltd., a California Limited Partnership. the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by laws or a resolution of its board of directors, said corporation being known to me to be on of the partners of Gatew~jf Meadowview Associates, Ltd., a California Limited Partnership. the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my Signature, hand .and offi~ci, al sealF . '-)FI::ICIAL NOTAFiv SEAL KAREN M PRIDE ~, ~ota[v P, ~ ~,:' - Calitomla - ?.nmm ~xg~e.,': NOV ~8 ~99J [' AGREEMENT FOR ONE YEAR GUARANTEE AND MAINTENANCE OF SANITARY SEWER SYSTEM IMPROVEMENTS (Government Code Section 66499.3(d)) This agreement is made and entered into by and between the County of-Riverside, State of California, h~reinafter called County, and Gateway-Meadowview Assoicates, Ltd.., A California Limited Partnership hereinafter called Contractor. WITNESSETH FIRST: Contractor, for and in consideration of the approval by County of the final map of that certain land division known as Tract 21765 , hereby agrees and guarantees at Contractor's own cost and expense, to maintain all sanitary sewer system improve:.]ents which have been completed in accordance with those Road 'Plans for said land division which have been approved by the County Road Commissiouer and County Health Officer, and are on file in the office of the Riverside County Road Department, for a period of one year following the execution of this agree[~lent by the County. Contractor further agrees during this one year period to repair or replace, to the satisfaction of the Road Commissioner and County Health Officer, any defective work or labor done or defective materials furnished. The estimated cost for the maintenance is the sum of One thousand one hundred Dollars ($ 1,100.00 ). SECOND: Contractor agrees that, if suit is brought upon this agreement or any bond for the guarantee and maintenance of the sanitary sewer system improvements, all costs and reasonable expenses and fees incurred by County in successfully enforcing such obligations shall be paid by Contractor, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. THIRD: County shall not, nor shall any officer or employee of County, be liable or responsible for any accident, loss'or damage happening or occurring to the maintenance specified in this agreement prior to the completion and acceptance thereof, nor shall County or any officer or employe~ thereof, be liable for any persons or property injured by reason of the nature of the work, or by reason of the acts or omissions of Contractor, his agents or employees, in the performance of the work,. and all of said liabilities are assumed by. Contractor.. Contractor agrees to protect, defend and hold harmless County and the'officers and employees thereof .from all loss, liability or claim because of, or arising out of the acts or omissions of Contractor, his agents and employees, in the performance of this agreement or arising out of the use of any patent or patented article in the performance of this agreement. FOURTH: Contractor hereby grants to the County, and to any agent or employee of the County, the irrevocable permission to enter upon the lands of the subject land division as necessary to enforce the terms of this Agreement. FIFTH: Contractor agrees at all times to give good and adequate warning to the travelling'public of each and every dangerous condition while repairing, replacin~ and maintaining the road and drainage improvements, and to-protect the travelling public from such defective or dangerous conditions. SIXTH: Contractor, his agents and employees, shall give notice to ~he Road Commissioner at least 48 hours before beginning any work and shall furnish said Road Commissioner all reasonable facilities for obtaining full information with respect to the progress and manner of work. SEVENTH: If Contractor, or his agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to £nsure good and adequate maintenance within the specified time, or if Contractor violates, neglects, refuses, or fails to perfor~.l satisfactorily, he ~hall be in default of this agree,.~ent and ~ot~ce in writing of suc}~ default shall be served upon him. County shall }~ave the i~ower, on £~com~.lendation of the Road Com..~i~sioner, to ter,~]inate all ri.~hts of Contractor because of s,tc.] default. TI~ determination by the Road Commissioner of the qu.estion as to whether any of the ter..~s of thu agree~uent or specificaaions have been Violated, or have uot been ~erfor~.~ed satisfactouily., shall be conclusive upon Co~tractor, and any and all part'ies who r.]ay have any interest in the agreement or any portion thereof. The foregoing provisions. of this section shall be in addition to all other rights and remedies available to County under law. EIGHTH: It is further agreed that'Contractor has filed with County a good and sufficient security to guarantee and maintain the sanitary sewer system improvements in an amount not less than the estimated cost in paragraph first, as provided by Section 15.1 of Riverside County.Ordinance No. 460. If the security in the opinion of the Road Commissioner becomes insufficient, Contractor agrees to renew each and every security with good and sufficient securities increase the amount of the securities, or both, within ten (10) days after receiving notice that the securities or amounts are insufficient. NINTH: It is understood and agreed by the parties hereto that if any part, ter~ or provision of' this agreement is by the courts.held to be unlawful and void, the validity of the remaining portions shall not be affected 'and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain that particular part, term.or provisio~ held to be invalid. TENTH: Any notice or notices required or permitted to be given pursuant to this agreement shall be served on the other party by mail, postage prepaid, at the following addresses: County Subdivision Engineer Riverside County Road Dept. County Administrative Center 4080 Lemon St., 8th Floor Riverside, CA 92501 Contractor Gateway-Meadowview Associates, Ltd IN WITNESS WHEREOF Contractor has affixed his name, address and seal. Dated: ATTEST: 4/30/91 Gateway-Meadowview Associate, Ltd. Cont~tor /~ / David M. Ang.'erso.~]Partner City of T~ecula By June S. Greek, City Clerk Ronald J. Parks, Mayor Approved as to Form: Scott F. Field, City Attorney STATE OF CALIFORNIA COUNTY OF SAN DIEGO On April 30, 1991 before me, the undersigned, a Notary Public in and for said State, personal ly appeared George Szabo , personally known to me to be the person who executed the within instrument as President on behalf of Gateway Home Builders, Inc. a California Corporation as General Partner of Gateway-Rancho I, Ltd., a California Limited Partnership. the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by laws or a resolution of its board of directors, said corporation being known to me to be on of the partners of Gateway Meadowview Associates, Ltd., a California Limited Partnership. the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. TNESS my har~d~nd official s~s~" ~>~- ................... Si gnatu ; ,~;:'~I""':~i)i NotaryPubhc--Cali/ornla ~ ~ { %,.~ ~Comm Expires NOV 18 1994 ~ STATE OF CAblFORNIA COUNTY OF SAN DIEGO On April 30, 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared David M. Anderson , personal ly known to me to be the person who executed the within instrument as President on behalf of Anderson Communities, a California Corporation, as General Partner of Gateway Meadowview I, Ltd., a California Limited Partnership. the corporation therein named., and acknowledged to me that said corporation executed the within instrument pursuant to its by laws or a resolution of its board of directors, said corporation being known to me to be on of the partners of Gateway Meadowview Associates, Ltd., a California Limited Partnership. the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my ha/n~and officia! MAINTENANCE BOND County of Riverside, State of California (Government Code Section 66499.2) FOR: Streets & Drainage $ Water System $ Sewer System $ 1,1oo.oo Surety The Indemnity Company of Calif. Address 3131 Camino Del Rio North City San Diego, CA Zip Code 92108 Tract No. 21765 Parcel Map No. Bo~d No. 976545s Premiu~ Included in performance bond Principal Gateway-Meadowview Associates, Ltd. Address 2385 Camino Vida Ruble, #110 City Carlsbad, CA Zip Code 92009 WHEREAS, The County of Riverside, State of California, and GATEWAY-MEADOWVIEW ASSOCIATES, LTD. (hereinafte- designated as "principal") have entered into the attached agree- merit(s) whe:ieby principal agrees to maintain the above designated public im- provements for one year after completion and acceptance of the improvements, relating to {Tract/Parcel) Map N~er 21765 , which agreement(s) is/are hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement(s) to furnish bond{s) for the maintenance of said improvements; NOW, THEREFORE, we the principal, and The Indemnity. Company of o~ · , a~ surety, a~ held and firmly. bound.untq th County ~F~verside,. in the penal.sum of~ u~e thousano one nunoreo ano no~ 1,¢o-~( ....:~'~ DOllars'($ ~,,uu.uu )lawful money of the United States, for~e payment of which sumwell and truly to be made, we bind ourselves,~our heirs, successors, executors and administrators, Jointly and 'severall¥1:'ftrmly by these presents. ~ The condition or-this 6blt'~atton t~"su'ch that'if the above'bonded prin-' cipal', his o~ .its heirs;' executors, a(i,intstrators, successors or assigns, .],J!Lalt. J;h. ~gsJ.tand. j;o..and..abtde. by,_and_wel 1.. and £rul-y. Jceep.-.anclq)er-- ............. As a part .of the obligation secured h~reby and in ad~ition to the face anount specified therefor, ~here shall be included costs am~ reasonable expenses-"and 'fees, includ£ng' 'reasonable. attorney' s fees, incurred ~ County in ~ccessfully enforcing such obligation, all ~. ~ ~ax~ as 'costs and includ~'~ in an~. 3Udgm~n~"rendered. ' m~E~CE BOND ' ~e surety he'~eby'~.sttpul~es'"~ agrees ~hat no change, extension of ~ime, alteration or addition =o =he ~erms .of ~te agreemen~ or ~o the. ~rk ~o ~ perfor~.~ed =hereunder or' =h~ specifi'ca~ions accompanying =~e s~e shall in an~ise affect its obliga~ion on ~his bond, and i~ does h~reby waive no=ice of any such change, extension of time, alteration or addition =o ~e t~rms of ~ agreemen~ or ~o the work or to the .specifications. Surety fur~ter sti~ula=es and a~r~es ~ha= ~e provisions of Section 2845 of the Civil Code are no~ a condition precud~n~ ~o Sure~y~s obligations hereunder and are hereby waived by Surety. When the work covered by the agreement is conplete, the County of Riverside will accept the work and thereupon the amount of the obligation is ~e]eased. IN ;;IT~E$$ ~IEREOF, £his instrument has been duly executed by ~he principal and surety above named on April 30 , 19 ~1 NAME OF PRII'~CIPAL: GATEWAY-MEADOWVIEW ASSOCIATES, LTD. AUTHORIZED SIGNATURE (S): By ~-"-~artn~r title / : --~ . : '. (IF CORPORATION, AFFIX SEAL) NAME OF SURETY: The Indemnity Company of California .A~THOP, IZED SICZlATURE: Attorney-in-Fact Title (IF CORPORATION, AFFIX SEAL) ATTACH NOTARIAL ACK~OWLEDGEt.~TT OF SIGNATURES OF ATTORNEY-IN-FACT. PRIIICIPAL STATE OF CALIFORNIA COUNTY OF SAN DIEGO On April 30,.1991 before me. the undersigned, a Notary Public in and for said State, personal iy appeared George Szabo , personally known to me to be the person who executed the within instrument as President on behalf of Gateway Home Builders, Inc. a California Corporation as General Partner of Gateway-Rancho I, Ltd., a California Limited Partnership. the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by laws or a resolution of its board of directors, said corporation being known to me to be on of the partners of Gateway Meadowview Associates, Ltd., a California Limited Partnership. the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official Signature ,~~--~--~ i STATE OF CALIFORNIA COUNTY OF SAN DIEGO OFFICIAL NOTARY $EA~. MyComm Expres NOV On April 30, 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared David M. Anderson , personal ly known to me to be the person who executed the within instrument as President on behalf of Anderson Communities, a California Corporation, as General Partner of Gateway Meadowview I. T,td.. a California Limited Partnership. the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by laws or a resolution of its board of directors, said corporation being known to me to be on of the partners of Gateway Meadowvi.w Associates, Ltd., a California Limited Partnersh~. the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such pa~tne/~J~executed the same. ~ITNE$S my hand ~ offic_l~l .ai. / '/ / ! / ' ~ "f~...,~-~ KAREN M PRIDE The Insco?D co Group INCLUDED IN PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT we, GATEWAY-MEADOWVIEW ASSOCIATES LTD., A CALIFORNIA LIMITED PARTNEl~al~l[l~incipal, and INDEMNITY COMPANY OF CALIFORNIA, 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 r.o. sox 3000 TF. aMECULA CA 92390 as Obligee in the sum of ONE THOUSAND ONE HUNDRED DOLLARS($ 1,100.00 Dollars fo'r 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: ONE YEAR GUARANTEE AND MAINTENANCE OF SANITARY SEWER SYSTEM IMPROVEMENTS TRACT #21765 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 23RD day of APRIL , 19 91 INDEMNITY COM,,PA~Y~F CALIFORNIA GATEWAY-MEADOWVIEW ASSOCIATES/ LTD~cipa' B ' ' ~ CORPORATION STATE OF CALIFORNIA COUNTY OF SAN DIEGO ES. On APRIL 24, 1991 . before me. the undersigned. n Notary Public in and for said State. pe,sonally appeared JO ANN PARKER personalilt known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Attorney- in-Fact on behalf of Indemnity Company of California. the corporation therein named. and acknowled[ed to me that the corporation executed it. WITNESS my hand and official seal. POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725, IRVINE, CA 92713 · (714) 263-3300 1. All power and authority herein granted shall in any event terminate on the 31sl 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 ***JO ANN PARKER, ANDREW J. SYSYN, LISA MARTIN-JOHNSTON, 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 Twenty-Five Thousand Dollars ($25,000) in any single undertaking; giving and granting unto said Attorney(a)-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 ts 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, effect,re 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 behal! of the corporation, bonds, u ndertakings 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 signatu res 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- five Presidents and attested by their respective Secretaries this 2rid day of January, 1991. INDEMNITY COMPANY OF CALIFORNIA By Harry C. Cr~t ATTEST ~'~~ ATTEST By By Walter A. Crowell, Secretary DEVELOPERS INSURANCE COMPANY By Harry C C~~t 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 me (or proved to me on the basis of satistactory 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 OFFICIAL SEAL VIRGINIA M. LOUMAN NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commi~i0n Exl). AI~'. 9, 1993 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. 23~D day of ~..~R~'TL., , 199_~_[. '~ Certificate is executed in the City of Irvine, California, this .,~NITY COMPANY OF CALIFORNIA L.C. Fleblgar Senior Vice President ID-3t2 REV. 12/90 DEVELOPERS INSURANCE COMPANY o By L.C. Fiebtger ~ ~ Senior Vice President '~ STATE OF CALIFORNIA COUNTY OF SAN DIEGO On April 29,-t991 before me. the undersigned, a Notary Public in and for said State, personal I¥ appeared George Szabo , personal ly known to me to be the person who executed the within instrument as President on behalf of Gateway Home Builders, Inc. a California Corporation as General Partner of Gateway-Rancho I, Ltd., a California Limited Partnership. the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by laws or a resolution of its board of directors, said corporation being known to me to be on of the partners of Gateway Meadowview Associates, Ltd., a California Limited Partnership. the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my h~n~/~nd offi S i gnat ur ~e.... / STATE OF CALIFORNIA COUNTY OF SAN DIEGO OFFICIAL NOTARY SEAL KAREN M PRIDE ',1otary ~ut)hc -- Galitomfa ,~v~nmm Exo~re~ NOV ~8 On April 29, 1991 before me, the undersigned, a Notary Public in and for said State, personal ly appeared David M. Anderson , personal ly known to me to be the person who executed the within instrument as President on behalf of Anderson Communities, a California Corporation, as General Partner of Gateway Meadowview I, Ltd.. a California Limited Partnership. the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by laws or a resolution of its board of directors, said corporation being known to me to be on of the partners 'f Gateway Meadowv~w Associates, Ltd., a California Limited Partnersh= the partnership that executed the within otrument, and acknowledged to me that such corporation executed the same as such partner :nd that such partnership executed the same. , ,¢; .~ OFFICIAL NOTARY SEAt · ,://..~, ... ,~_... ,~,.,.~,KAREN M PRIDE '"~C%'.~..~?,, ',1otary Ouol~c -- California ' ~ SAN OIEC~ COUNTY ITEM NO. 15 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Douglas Stewart. Deputy City Engineer May 14. 1991 Cooperative Agreement - Construction R ECOMMEN DAT I ON: That the City Council authorize the Mayor to execute the Cooperative Agreement in substantially the form of the attached Agreement. subject to approval of the City Engineer and City Attorney as to form. DISCUSSION: Attached you will find a Cooperative Agreement from the State of California. The Cooperative Agreement specifies the responsibilities of the City and the State of California regarding ramp widening to occur on the Rancho California Road/1-15 overcrossing. The one item that remains to be resolved is reciprocal indemnification between the State and City. If the City Council approves the agreement as presented. Staff can obtain Caltrans concurrence on the single remainin9 change. thereby expediting State approval of the agreement. This agreement is third in a series of four Cooperative Agreements necessary to widen the on-and off-ramps and install traffic signals at this intersection. lb/cityeng\RCR-I15. Agmt 1 April 24, 1991 City of Teme=ul~ 43172 Business P=rk Drive Te~ecul~, CA 92390 g.a]lfornia Ro~d Dear Doug: In reference to Cal Tra~s Agreement. for imDrovlng =he 1-15/Rancho California Intersection, I recommend that ~ectlon 17 be revis~ a~ foZlows: (17~.) Neither STATE not any officer or %mployee thereof is responsible for any damage or liability occurring by reason of anything don~ or omitted to ~e done by CITY under or in connection with ~ny work, ~uthority or Juris~i~tion delegate4 to CIT~ under this Agreement. It is under~'ood and a~ree~ that, pursuant ~o Gov=rnment C~ Section 895.4, CiTY ~hall fully defend, indemn. ~nd save narmle~ the State of California, offtcGrs and employees from all claims, s~it$ or actions of every name, kind and de~crlD~ion ~rou~h~ for or on account of inJur~ (a~ defined · n Government Co~e S~tion 810.~) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreom=nt. (17b.) Neither CITY not any officer or employee thereof ~S responsiD1. for any damage or li~b~lity occurring ~y reason of anything don= or omitted to he done by STATE under or in connection with any work, authority or Jurisdiction delegated tu STATE under thi~ Agr~mment. It is ~nder$=ood and agreed that, p~r~uan% to Government Code $s¢~0~ Mr. Doug ~t~wart 895.4, $~ATE Bha11 fully defend, indemnify and save harmless the State of Ca~i~ornia, all officers and employeeB from all claims, suits or actions of every name, kind and description brouqht for or on a~oount of injury (a; defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be don~ by STATE under or in connection with any work, au%~ority or jurisdiction d~legnted to STATE under this Agreement. In order to e~pedite this Agreement, I recommend putting it on th~ Council Aq~nda without Cal Trans concurrence. Rather, the Staff Report should recommend: That the Courtoil authorize th~ Mayor to execute the Cooperative Agreement in ~ube~antl~lly the form of the attached A~reemant, subject to approval of the City Engineer and City Attorney me %0 form. 1Dde~nification i~sue with Ca! Trans. Please feel free tu =~11 me should you have any questions. Sincerely, ~COtt F. Field C~ty Attorney CITY OF TEMECU~ s ff/LTR111515 :men 1-15/Rancho California Road 08204 - 295011 District Agreement No. 8-741 CONSTRUCTIC~ COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO ON is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE", and CITY OF TEMECULA, a body politic and a municipal corporation of the STATE of California, referred to herein as "CITY" (1) (2) (3) (4) RECITALS STATE and CITY, pursuant to Streets and Highways Code Section 130 are authorized to enter into a Cooperative Agreement for improvements to State highways within the CITY. CITY desires to construct State highway improvements consisting of widening northbound and southbound off-ramps at Rancho California Road/Interstate 15 Interchange, referred to herein as PROJECT, and is willing to fund one hundred percent (100%) of all capital outlay and staffing costs, except that costs of STATE's oversight of construction activities will be borne by STATE. CITY desires to prepare the contract documents and advertise, award and administer the construction contract for PROJECT in order to bring about the earliest possible completion of PROJECT. STATE is agreeable to CITY's proposal to prepare the contract documents and advertise, award and administer the construction contract for PROJECT. (6) The parties hereto intend to define herein the terms and conditions under which PROJECT is to be constructed, financed and maintained. Project development responsibilities for said PROJECT were covered in a prior Cooperative Agreement executed by STATE and CITY on March 12, 1991, (District Agreement No. 8-698, Document No. 7547). SECTION I CITY AGREES: (1) To advertise, award and administer the construction contract for PROJECT in accordance with the requirements of the State Contract Act and the California Labor Code, including its prevailing wage provisions. Workers employed in the performance of work contracted for by CITY, and/or performed under Encroachment Permit, are covered by provision~ of the Labor Code in the same manner as are workers employed by STATE's Contractors. CITY shall obtain applicable wage rates from the State Department of Industrial Relations and shall adhere to the applicable provisions of the State Labor Code. Violations shall be reported to the State Department of Industrial Relations. (2) To apply for necessary Encroachment Permits for required work within State highway rights of way, in accordance with STATE's standard permit procedures, as more specifically defined in Articles (2), (3), (4), (5) and (6) of Section III, of this Agreement. (3) To require that the construction contractor furnish both a payment and performance bond in CITY's name, with both bonds complying with the requirements set forth in Section 3-1.02 of STATE's current Standard Specifications. (4) To construct PROJECT in accordance with plans and specifications of CITY, to the satisfaction of and subject to the approval of STATE. (5) Contract administration procedures shall conform to the requirements set forth in STATE's Construction Manual, Local Programs Manual and Encroachment Permit for construction of PROJECT. (6) (7) (8) (9) Construction within the existing or ultimate STATE right of way shall comply with the requirements in STATE's Standard Specifications and PROJECT Special Provisions, and in conformance with methods and practices specified in STATE's Construction Manual. If CITY uses own staff to perform surveys, such surveys shall conform to the methods, procedures, and requirements of STATE's Surveys Manual. Material testing and quality control shall conform to the State Construction Manual, the State Material Testing Manual, and be performed, at CITY expense, by a certified material testing consultant acceptable to STATE. Independent assurance testing, specialty testing, and off- site source inspection testing, as indicated in the special provisions, shall be performed by STATE at no cost to CITY. Type approval of asphalt and concrete plants shall be by STATE, at STATE expense. At CITY expense, to furnish a field site representative, subject to approval of STATE, who is a licensed Civil Engineer in the State of California, to perform the functions of a Resident Engineer. If the PROJECT plans and specifications were prepared by a private design consultant, the Resident Engineer shall not be an employee of that consultant. The Resident Engineer shall also be independent of the construction contractor. (10) To pay one hundred percent (100%) of the actual costs of construction required for satisfactory completion of PROJECT, including changes pursuant to contractschange orders concurred with by the STATE representative and any "State-furnished material". (11) At CITY expense, to furnish qualified support staff, subject to approval of STATE, to assist the Resident Engineer in, but not limited to, construction surveys, soils and foundation tests, measurement and computation of quantities, testing of construction materials, checking shop drawings, preparation of estimates and reports, preparation of As- Built drawings, and other inspection and staff services necessary to assure that the construction is being performed in accordance with the plans and specifications. Said qualified support staff shall be independent of the design engineering company and construction contractor, except that the design consultant may check the shop drawings, do soils foundation tests, test construction materials, and do construction surveys. (12) To make the progress payments to the contractor using CITY funds and pay all costs for required staff services as described in Articles (9) and (11) above of this Section I. The STATE representative shall review all contract progress pay schedules. STATE does not assume responsibility for accuracy of itemization on progress pay schedules. (13) Within sixty (60) days following the completion and acceptance of the PROJECT construction contract, to furnish STATE a complete set of acceptable full-sized film positive reproducible As-Built plans and all contract records, including survey documents and microfilm copy of all structure plans. (14) Upon completion of work under this Agreement, CITY will assume maintenance and the expense thereof for any part of PROJECT located outside of current STATE right of way until acceptance of any such part of PROJECT into the State highway system by STATE, approval by the Federal Highway Administration, if required, and conveyance of acceptable title to STATE. (15) If CITY terminates PROJECT prior to completion of the construction contract for PROJECT, STATE may require CITY, at CITY expense, to return right of way to its original condition or to a condition of acceptable permanent " operation. If CITY fails to do so, STATE reserves the right to finish PROJECT or place PROJECT in satisfactory permanent operation condition. STATE will bill CITY for all actual expenses incurred and CITY agrees to pay said expenses within thirty (30) days or STATE, acting through the State Controller, may withhold an equal amount from future apportionments due CITY from the Highway User Tax Fund. SECTION II STATE AGREES: (1) To issue, at no cost to' CITY and CITY's contractor, upon proper application by CITY and by CITY's contractor, the necessary encroachment permits for required work within the State highway rights of way, as more specifically defined in Articles (2), (3), (4) and (5) of Section III, of this Agreement. 4 (2) (3) To provide, at no cost to CITY, a qualified STATE representative who shall have authority to accept or reject work and materials or to order any actions needed for public safety or the preservation of property and to assure compliance with all provisions of the Encroachment Permit(s) issued to CITY and to CITY's contractor. To provide, at CITY expense, any "State-furnished material" as shown on the plans for PROJECT and as provided in the Special Provisions for PROJECT. SECTION III IT IS MUTUALLY AGREED: (1) All obligations of STATE under the terms of this Agreement are contingent upon the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. (2) Construction by CITY of improvements referred to herein which lie within STATE highway rights of way or affect STATE facilities, shall not be commenced until CITY's original contract plans involving such work and plan for utility relocations have been reviewed and approved by signature of $TATE's District Director of Transportation, or the District Director's delegated agent, and until an Encroachment Permit to CITY authorizing such work has been issued by STATE. (3) CITY will obtain aforesaid Encroachment Permit through the office of State District Permit Engineer and CITY's application shall be accompanied by five (5) sets of reduced construction plans of aforesaid STATE approved contract 'plans. Receipt by CITY of the approved Encroachment Permit shall constitute CITY's authorization from STATE to proceed with work to be performed by CITY or its consultants within proposed STATE rights of way or which affects STATE facilities, pursuant to work covered by this Agreement. CITY's authorization to proceed with said work shall be contingent upon CITY's compliance with all provisions set forth in this Agreement and said Encroachment Permit. (4) CIT¥'s construction contractor will also be required to obtain an Encroachment Permit from STATE prior to commencing any work within STATE rights of way or which affects STATE facilities. The application by CITY's contractor for said (6) (7) (9) 8-741 Encroachment Permit shall be made through the office of State District Permit Engineer and shall include proof said contractor has payment and performance surety bonds covering construction of PROJECT. CITY shall provide a right of way certification prior to the granting of said Encroachment Permit by STATE, to certify that legal and physical control of rights of way has been acquired, that same is ready for construction, and that all rights of way were acquired in accordance with applicable State and Federal laws and regulations. CITY shall not award a contract to construct any portion of PROJECT within the proposed STATE rights of way until after an encroachment permit has been issued to CITY by STATE. CITY's construction contractor shall maintain in force, until completion and acceptance of the PROJECT construction contract, a policy of Contractual Liability Insurance, including coverage of Bodily Injury Liability and Property Damage Liability in accordance with Section 7-1.12 of State Standard Specifications. Such policy shall contain an additional insured endorsement naming STATE, its officers, agents and employees as additional insureds. Coverage shall be evidenced by a Certificate of Insurance in a form satisfactory to STATE which shall be delivered to STATE before the issuance of an Encroachment Permit to cITY's contractor. Prior to award of the construction contract for PROJECT, CITY may terminate this Agreement by written notice. In construction of said PROJECT, representatives of CITY and STATE will cooperate and consult, and all work pursuant to PROJECT shall be accomplished according to the approved plans, specifications and applicable STATE standards. Satisfaction of these requirements shall be verified by the STATE representative. The STATE representative is authorized to enter CITY's property during construction for the purpose of monitoring and coordinating construction activities. (10) Changes to PROJECT plans and specifications shall be implemented by contract change orders reviewed and concurred with by the STATE representative. All changes affecting public safety or public convenience, all design and specification changes, and all major changes as defined in the STATE's Construction Manual shall be approved by STATE in advance of performing the work. Unless otherwise directed by the STATE representative, changes authorized as provided herein will not require an Encroachment Permit rider. All changes shall be shown on the As-Built plans referred to in Section I, Article (13) of this Agreement. (11) CITY shall provide a claims process acceptable to STATE, and shall process any and all claims through CITY's claim process. The STATE representative will be made available to CITY to provide advice and technical input in any claim process. Said claims process shall include a provision for arbitration. (12) If existing public and/or private utilities conflict with the construction of PROJECT, CITY shall make all necessary arrangements with the owners of such utilities for their protection, relocation or removal. CITY shall inspect the protection, relocation or removal of such facilities. If any protection, relocation or removal of utilities is required, such work shall be performed in accordance with STATE policy and procedure for those utilities within $TATE's existing or proposed right of way and in accordance with CITY policy for those utilities outside STATE's existing or proposed right of way. Total costs of such protection, relocation or removal shall be borne by CITY or those other than STATE in accordance with the terms of the Highway Encroachment Permits, Case Law, Public Utility " Regulations and Property Rights. CITY shall require any utility company performing relocation work in STATE's right of way to obtain a STATE Encroachment Permit prior to the performance of said relocation work. Any relocated or new utilities shall be correctly shown and identified on the As- Built plans referred to Section I, Article (13) of this Agreement. (13) Pursuant to the authority contained in Section 591 of the Vehicle Code, STATE has determined that within such areas as are within the limits of PROJECT and are open to public traffic, CITY shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CITY shall take all necessary precautions for safe operation of CITY's vehicles, the construction contractor's equipment and vehicles and/or vehicles of the consultants retained by CITY and for the protection of the traveling public from injury and damage from such vehicles or equipment. (14) Upon completion and acceptance of the PROJECT construction contract by CITY to the satisfaction of the STATE representative and subsequent to the execution of a 7 O8-!~v-]~-,t.~'~ ~ 8-'743 maintenance agreement, STATE will accept control of and maintain, at its own cost and expense, those portions of PROJECT lying within STATE's right of way, except local roads delegated to CITY for maintenance. (15) CITY will accept control and maintain, at its own cost and expense, the portions of PROJECT lying outside the STATE's right of way. (16) Upon completion of all work under this Agreement, ownership and title to materials, equipment and appurtenances which are installed within STATE's right of way will automatically be vested in STATE, and materials, equipment and appurtenances which are installed outside of STATE's right of way will be vested in CITY. No further agreement will be necessary to transfer ownership as hereinabove stated. (17) Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description " brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. (18) No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. (19) Those portions of this Agreement pertaining to the construction of PROJECT shall terminate upon completion and acceptance of the PROJECT construction contract by CITY or on October 23, 1996, whichever is earlier in time; however, the ownership, operation, maintenance, and claims clauses shall remain in effect until terminated or modified in writing by mutual agreement. STATE OF CALIFORNIA Department of Transportation ROBERT K. BEST Director of Transportation CITY OF TEMECULA By Mayor By KEN STEELE, District Director APPROVED AS TO FORM AND PROCEDURE: Attest: City Clerk Attorney, Department of Transportation CERTIFIED AS TO FUNDS AND PROCEDURE: District Accounting Administrator ITEM NO. 16 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council City Manager May 7, 1991 Item No. 16 - Memorandum of Understanding - Costco PREPARED BY: City Clerk June S. Greek RECOMMENDATION: Approve a Memorandum of Understanding with Costco and authorize the City Manager to execute the same. BACKGROUND: The staff will finalize the staff report on this item and forward it to you under separate cover, JSG SALES TAX ALLOCATION AGREEMENT THIS AGREEMENT is made and dated as of July 23, 1991 by and between the City of Temecula, a general law city and a municipal corporation duly incorporated and existing under the laws of the State of California (the "city") and the Redevelopment Agency of the City of Temecula, a public body corporate and politic, duly created, established and authorized to transact business under the Community Redevelopment Law of the State of California (Section 3300 et seq. of the Health and Safety Code) (the "Agency"). In consideration of the mutual covenants and conditions described herein, the parties hereto agree as follows: 1. Recitals. to the following facts: This Agreement is made with respect A. On July 23, 1991, the Agency approved an Owner Participation Agreement ("OPA") between the Agency and Costco Wholesale Corporation, Inc. ("Participant") for the development of a Costco retail and wholesale sales facility. B. Completing the redevelopment of the site pursuant to the Owner Participation Agreement with the city providing assistance to the Agency to accomplish this goal and meet the Agency's obligations pursuant to the Owner Participation Agreement is in the vital and best interest of the City of Temecula and the health, safety and general welfare of its residents and, further, is in accordance with the public purposes and provisions of the Redevelopment Plan for the Temecula Redevelopment Project Area. The proposed Owner Participation Agreement will create a major retail facility capable of attracting many customers to the developing commercial area surrounding the site and will encourage further retail development within the project area thereby contributing sales tax and other revenue to the City and generating employment opportunities. C. This Agreement pertains to and affects the ability of the Agency and the City to finance their statutory obligations and the Agency's obligations under the Plan and for both the City and the Agency to finance and carry out the purposes of this Agreement and the Owner Participation Agreement. sff/AGRl10614 7/21/91 This Agreement is, therefore, intended to be a contract within the meaning of Government Code Section 53511. D. Pursuant to the provisions of Sections 33220, 33125, 33132, 33610, 33622, and other applicable law, the City may, for the purposes of aiding and cooperating in the undertaking and operation of redevelopment projects located within the City, provide financial assistance to the Agency to carry out its projects. The financial assistance provided by the City to the Agency pursuant to this Agreement is necessary to enable the Agency to carry out the purposes of the Owner Participation Agreement and to provide the benefits for the community as specified therein. Without the redevelopment of the site pursuant to the Owner Participation Agreement, the funds provided by the City to the Agency pursuant to this Agreement would not have been generated. 2. City Assistance to Agency. A. Beginning in the first calendar year quarter following issuance of the Certificate of Completion pursuant to Section 3.16 of the Owner Participation Agreement, the City shall advance to Agency, subject to repayment as provided in Paragraph 4, an amount equal to the sales tax actually received by the City from the site ("Sales Taxes") in accordance with the following schedule: 1. In the first year, an amount equal to Sales Taxes in excess of Two Hundred Thousand Dollars ($200,000.00); 2. In the second through ninth years, an amount equal to Sales Taxes in excess of Two Hundred Ten Thousand Dollars ($210,000.00) with said minimum amount increasing by five percent (5%) per year compounded annually during years three (3) to nine (9); 3. In the tenth year, an amount equal to Sales Taxes in excess of Three Hundred Seventy-Five Thousand Dollars ($375,000.00); 4. In the eleventh year, an amount equal to Sales Taxes in excess of Four Hundred Twenty- Five Thousand Dollars ($425,000.00); and sff/AGRl10614 7/21/91 5. In the twelfth year, an amount equal to Sales Taxes in excess of Four Hundred Seventy- Five Thousand Dollars ($475,000.00). B. The maximum amount of the assistance described in subparagraph A, shall be Two Million Five Hundred Thousand Dollars ($2,500,000.00). C. The City shall make the payments described in subparagraph A to the Agency at such time as the Agency shall request in order to meet its obligations pursuant to Section 2.7 of the Owner Participation Agreement. D. The payments to be made by the City to the Agency pursuant to this section shall be considered a contractual obligation of the City. Nothing herein shall be construed to be a pledge of sales tax revenue and such contractual obligation shall be subordinate to the City's current or future pledge of such revenues for bonded indebtedness. 3. Appropriation of Sales and Use Tax Revenues. Nothwithstanding any other term, covenant or condition contained in any section of this Agreement, while the City agrees to use its best efforts to appropriate sales and use tax revenues each year throughout the term of this Agreement, the City does not unqualifiedly and irrevocably obligate itself so to act, nor to expend any funds of the City, nor does the City incur any specific obligation or indebtedness hereunder which shall extend beyond the fiscal year of the City within which this Agreement shall have been entered into, and the City has and shall continue to have and enjoy the absolute right to expend the sales and use tax revenues accruing in any future fiscal year in any manner which the City shall deem appropriate in the sole exercise of its discretion. The City shall in no way be obligated to make such appropriation if there are not sufficient funds in the general fund of the City to do so as determined by the City Council in the exercise of its discretion. 4. Agency Repayment of City Assistance. Agency shall repay to the City the amounts advanced pursuant to Paragraph 2, with twelve percent (12%) interest. Payment of principal and accrued interest shall be at such times and in such amounts as the City may demand. 5. Parties Benefited. The terms of this Agreement are intended to solely benefit the Agency and the sff/AGRl10614 7/21/91 City as parties to this Agreement. Nothing herein shall be construed to grant to or to allow any parties other than the Agency or the City to obtain any benefits from it. 6. Validation Action. The obligations described in this Agreement shall not become effective unless and until a final judgment validating the legality of this Agreement and the Owner Participation Agreement pursuant to Code of Civil Procedure Section 860 is entered. IN WITNESS WHEREOF, the Agency and the city have executed this Agreement as of the date first written above. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA By ~P-~o~ore, Chair~~person CITY OF TEMECULA Ronald J. Parks, Mayor ATTEST: June~~k, ~ecretary/ City Clerk APPROVED AS TO FORM: Scott F. Field, Agency General Counsel/City Attorney sff/AGRl10614 7/21/91 SALES TAX ALLOCATION AGREEMENT THIS AGREEMENT is made and dated as of July 23, 1991 by and between the City of Temecula, a general law city and a municipal corporation duly incorporated and existing under the laws of the State of California (the "city") and the Redevelopment Agency of the City of Temecula, a public body corporate and politic, duly created, established and authorized to transact business under the Community Redevelopment Law of the State of California (Section 3300 et seq. of the Health and Safety Code) (the "Agency"). In consideration of the mutual covenants and conditions described herein, the parties hereto agree as follows: 1. Recitals. to the following facts: This Agreement is made with respect A. On July 23, 1991, the Agency approved an Owner Participation Agreement ("OPA#) between the Agency and Costco Wholesale Corporation, Inc. ("Participant") for the development of a Costco retail and wholesale sales facility. B. Completing the redevelopment of the site pursuant to the Owner Participation Agreement with the City providing assistance to the Agency to accomplish this goal and meet the Agency's obligations pursuant to the Owner Participation Agreement is in the vital and best interest of the City of Temecula and the health, safety and general welfare of its residents and, further, is in accordance with the public purposes and provisions of the Redevelopment Plan for the Temecula Redevelopment Project Area. The proposed Owner Participation Agreement will create a major retail facility capable of attracting many customers to the developing commercial area surrounding the site and will encourage further retail development within the project area thereby contributing sales tax and other revenue to the City and generating employment opportunities. C. This Agreement pertains to and affects the ability of the Agency and the City to finance their statutory obligations and the Agency's obligations under the Plan and for both the City and the Agency to finance and carry out the purposes of this Agreement and the Owner Participation Agreement. sff/AGRl10614 7/21/91 This Agreement is, therefore, intended to be a contract within the meaning of Government Code Section 53511. D. Pursuant to the provisions of Sections 33220, 33125, 33132, 33610, 33622, and other applicable law, the City may, for the purposes of aiding and cooperating in the undertaking and operation of redevelopment projects located within the City, provide financial assistance to the Agency to carry out its projects. The financial assistance provided by the City to the Agency pursuant to this Agreement is necessary to enable the Agency to carry out the purposes of the Owner Participation Agreement and to provide the benefits for the community as specified therein. Without the redevelopment of the site pursuant to the Owner Participation Agreement, the funds provided by the City to the Agency pursuant to this Agreement would not have been generated. 2. City Assistance to Agency. A. Beginning in the first calendar year quarter following issuance of the Certificate of Completion pursuant to Section 3.16 of the Owner Participation Agreement, the City shall advance to Agency, subject to repayment as provided in Paragraph 4, an amount equal to the sales tax actually received by the city from the site ("Sales Taxes") in accordance with the following schedule: 1. In the first year, an amount equal to Sales Taxes in excess of Two Hundred Thousand Dollars ($200,000.00); 2. In the second through ninth years, an amount equal to Sales Taxes in excess of Two Hundred Ten Thousand Dollars ($210,000.00) with said minimum amount increasing by five percent (5%) per year compounded annually during years three (3) to nine (9); 3. In the tenth year, an amount equal to Sales Taxes in excess of Three Hundred Seventy-Five Thousand Dollars ($375,000.00); 4. In the eleventh year, an amount equal to Sales Taxes in excess of Four Hundred Twenty- Five Thousand Dollars ($425,000.00); and sff/AGRl10614 7/21/91 5. In the twelfth year, an amount equal to Sales Taxes in excess of Four Hundred Seventy- Five Thousand Dollars ($475,000.00). B. The maximum amount of the assistance described in subparagraph A, shall be Two Million Five Hundred Thousand Dollars ($2,500,000.00). C. The City shall make the payments described in subparagraph A to the Agency at such time as the Agency shall request in order to meet its obligations pursuant to Section 2.7 of the Owner Participation Agreement. D. The payments to be made by the City to the Agency pursuant to this section shall be considered a contractual obligation of the City. Nothing herein shall be construed to be a pledge of sales tax revenue and such contractual obligation shall be subordinate to the City's current or future pledge of such revenues for bonded indebtedness. 3. Appropriation of Sales and Use Tax Revenues. Nothwithstanding any other term, covenant or condition contained in any section of this Agreement, while the City agrees to use its best efforts to appropriate sales and use tax revenues each year throughout the term of this Agreement, the City does not unqualifiedly and irrevocably obligate itself so to act, nor to expend any funds of the City, nor does the City incur any specific obligation or indebtedness hereunder which shall extend beyond the fiscal year of the City within which this Agreement shall have been entered into, and the City has and shall continue to have and enjoy the absolute right to expend the sales and use tax revenues accruing in any future fiscal year in any manner which the City shall deem appropriate in the sole exercise of its discretion. The City shall in no way be obligated to make such appropriation if there are not sufficient funds in the general fund of the City to do so as determined by the City Council in the exercise of its discretion. 4. Agency Repayment of City Assistance. Agency shall repay to the City the amounts advanced pursuant to Paragraph 2, with twelve percent (12%) interest. Payment of principal and accrued interest shall be at such times and in such amounts as the City may demand. 5. Parties Benefited. The terms of this Agreement are intended to solely benefit the Agency and the sff/AGRl10614 7/21/91 City as parties to this Agreement. Nothing herein shall be construed to grant to or to allow any parties other than the Agency or the City to obtain any benefits from it. 6. Validation Action. The obligations described in this Agreement shall not become effective unless and until a final judgment validating the legality of this Agreement and the Owner Participation Agreement pursuant to Code of Civil Procedure Section 860 is entered. IN WITNESS WHEREOF, the Agency and the City have executed this Agreement as of the date first written above. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA By ~ ~ Chairperson oore,~'~ CITY OF TEMECULA Ronald J. Parks, Mayor ATTEST: June Secretary/ City Clerk APPROVED AS TO FORM: Scott F. Field, Agency General Counsel/City Attorney sff/AGRl10614 7/21/91 RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: David F. Dixon Executive Director Temecula Redevelopment Agency P.O. Box 3000 Temecula, CA 92390 OWNER PARTICIPATION AGREEMENT by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA and COSTCO WHOLESALE CORPORATION A Washington Corporation DATED July 23, 1991 TEMECULA REDEVELOPMENT PROJECT AREA 2/forms/OPA- 1 1 OWNER PARTICIPATION AGREEMENT THIS AGREEMENT is entered into by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA (the "Agency") and COSTCO WHOLESALE CORPORATION, a Washington Corporation (the "Participant") and is dated and effective as of July 23, 1991. In consideration of the mutual covenants and agreements contained herein, the Agency and the Participant hereby agree as follows: ARTICLE I SUBJECT OF AGREEMENT Section 1.1 Purpose of Agreement A. The purpose of this Agreement is to effectuate the Redevelopment Plan (hereinafter "Plan") for the Temecula Redevelopment Project Area (hereafter "Project Area") by providing for the redevelopment of certain property, hereafter described, located adjacent to the Project Area and within the Survey Area. B. Redevelopment of the Site will be of direct benefit to the Project Area because it will create a major retail facility capable of attracting many customers to the commercial areas located adjacent to the Site and within the Project Area. The project proposed by this Agreement will provide a major retail anchor for the commercial area within the Project Area and will encourage further retail development within the Project Area, thereby contributing sales tax and other revenue to the City and generating employment opportunities. C. Completing the redevelopment on the Site pursuant to this Agreement is in the vital and best interest of the City of Temecula, California (the "City") and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws. D. This Agreement pertains to and affects the ability of all parties to finance and carry out their statutory purposes and to accomplish the goals of the Plan and is intended to be a contract within the meaning of Government Code Section 53511. Section 1.2 The Redevelopment Plan The Redevelopment Plan ("Plan") was approved by Ordinance No. 658 of the Board of Supervisors of Riverside County on July 12, 1988 prior to incorporation of the City of Temecula. Pursuant to City Ordinance No. 91-11, which became effective May 9, 1991, and City Ordinance No. 91-15, which became effective April 9, 1991, and the City approved the Plan. Said Ordinances had the effect of adopting the Plan and transferring jurisdiction over said Plan to the Agency, as of July 1, 1991. 2/forms/OPA- 1 2 Section 1.3 The Site The Site consists of the real property shown on the Site Map attached hereto as Exhibit 1, and described in the "Legal Description", which is attached hereto as Exhibit No. 2. Participant is the long-term ground lessee of the Site with an option to purchase the Site upon completion of its subdivision. On April 21, 1986, the Board of Supervisors of the County of Riverside approved Resolution No. 86-165 pursuant to Health and Safety Code Section 33310 et. seq. establishing a Survey Area of land to be considered for inclusion into the Project Area. The Site is within said Survey Area. Section 1.4 Parties to the Agreement A. The Agency The Agency is a public body, corporate and politic, exercising governmental functions and powers and organized and existing under the Community Redevelopment Law of the State of California (Section 33000, et seq., Health and Safety Code; hereafter "Act"). The principal office of the Agency is located at 43172 Business Park Drive, Temecula, California 92390. B. The Participant The Participant is a corporation duly organized and existing under the laws of the State of Washington and duly authorized and qualified to transact business within the State of California. The principal office and mailing address of the Participant is: 10809 120th Avenue, N.E., P.O. Box 97077, Kirkland, WA 98083-9777. Section 1.5 Prohibition Against Change in Ownership. Management and Control of Participant The qualifications and identity of Participant is of particular concern to the Agency. It is because of its qualifications and identity that the Agency has entered into this Agreement with the Participant. Therefore, no voluntary or involuntary successor in interest of the Participant shall acquire any rights or powers under this Agreement except as expressly set forth herein. The Participant shall not assign all or any of its rights or duties under this Agreement without the prior written approval of the Agency, which consent the Agency shall not unreasonably withhold provided the Agency determines that the successor is similarly qualified and has specifically agreed in writing to be bound by the provisions of this Agreement. All of the terms, covenants and conditions of this Agreement shall be binding upon and shall inure to the benefit of the Participant and the permitted successors and assigns of the Participant. Whenever the term "Participant" is used herein, such term shall include any other lawful successors in interest of Participant. 2/forms/OPA- 1 3 Section 1.6 Contract Documents The Contract Documents which are part of this Agreement, and each of which are incorporated herein by this reference, are as follows: Exhibit No. 1 Exhibit No. 2 Exhibit No. 3 Exhibit No. 4 Site Map Legal Description of Site Schedule of Performance Information on Sales Tax Reporting and Required Information ARTICLE II DEVELOPMENT OF THE SITE Section 2.1 Scope of Development The Site shall be developed within the general controls established in Parcel Map No. 26852, as approved by City of Temecula Resolution No. 91-72, Plot Plan No. 224 as approved by City of Temecula Resolution No. 91-73, the approvals of Agency described herein and of the City as required by the Temecula Municipal Code, and related laws governing municipal planning, zoning, subdivision, and building and safety. Section 2.2 Basic Concept Drawings The Site shall be developed as approved pursuant to Parcel Map No. 26852 and Plot Plan No. 224. Section 2.3 Construction Drawings and Related Documents The Participant shall prepare and submit all necessary drawings, specifications to obtain building permit(s) for the entire Site from the City. During the preparationmf at-l-drawings and-plans,-the Agency and the 'Participant shall · holdxegularprogress-meetings to coordinate the preparation of, submission to, and review of -caanslruction plans and retatedxlocuments by theCity. The Agency and the Participant and its approved assignees shall communicate and consult informally as frequently as is necessary to insure that the formal submittal of any documents to the City can receive prompt and speedy consideration. 2/fonns/OPA- 1 4 Section 2.4 Cost of Construction; Hazardous Materials Removal A. The cost of developing the Site and constructing all improvements on the Site shall be borne by the Participant, except for work expressly set forth in the Agreement to be performed by the Agency or others. B. The parties hereto agree Agency has no title interest in the Site. Participant agrees at its sole costs and expense to remove from the Site any contaminated materials or toxic or hazardous materials, as defined by applicable laws, in the manner required by law. Section 2.5 Construction Schedule The Participant shall diligently prosecute to completion the construction of the improvements and the development upon the Site in accordance with the Schedule of Performance. The Participant shall begin and complete all construction and development within the times specified in the Schedule of Performance or such reasonable extension of said dates as may be granted by the Agency. The Schedule of Performance is subject to revision from time-to-time as mutually agreed upon in writing between the Participant and the Agency. During the period of construction the Participant shall submit to the Agency written reports of the progress of the construction. The reports shall be in the same form and in the same detail as normally prepared for internal reports of Participant or for reports from Participant's general contractor to Participant. Section 2.6 Agency Assistance with Development A. Agency shall assist Participant in development of the off-site improvements, building foundations and the facility, as described in Parcel Map No. 26852 and Plot Plan No. 224 in accordance with the terms of this Section. The Agency hereby finds that the buildings, facilities, structures or other improvements to receive assistance pursuant to this Agreement are of benefit to the Project Area and that no other means of financing such buildings, facilities, structures or such other improvements is available to the community. B. Beginning in the first calendar year quarter following issuance of the Certificate of Completion pursuant to Section 2.15 the Agency shall assist Participant in development of the Site pursuant to this Agreement by payment of an amount equal to the sales tax actually received by the City of Temecula from the Site ("Sales Taxes") in accordance with the following schedule: In the first year, an amount equal to Sales Taxes in excess of Two Hundred Thousand Dollars ($200,000.00); o In the second through ninth years an amount equal to said Sales Taxes in excess of Two Hundred Ten Thousand Dollars ($210,000.00) with said 2/forms/OPA-1 5 minimum amount increasing by five percent (5%) per Assistance Year compounded annually during years three (3) to nine (9); o The tenth year, an amount equal to said Sales Taxes in excess of Three Hundred Seventy Five Thousand Dollars ($375,000.00); and o In the eleventh year, an amount equal to said Sales Taxes in excess of Four Hundred Twenty-Five Thousand Dollars ($425,000.00); and In the twelfth year, an amount equal to said Sales Taxes in excess of Four Hundred Seventy-Five Thousand Dollars ($475,000.00). C. The maximum amount of the assistance described in subparagraph B, shall be Two Million Five Thousand Dollars ($2,500,000.00). In the event the Site does not generate the minimum amount of Sales Taxes in any year, Agency shall not have any obligation to make the assistance payment for that year and there shall be no credit to following years of Sales Taxes generated in such a year. In the event that 1) at any time the maximum assistance amount of Two Million Five Hundred Thousand Dollars ($2,500,000.00) is reached or 2) at the end of the twelfth (12th) year, the maximum assistance amount of Two Million Five Hundred Thousand Dollars ($2,500,000.00) has not been reached, the Agency's obligation under this Agreement shall be deemed fully discharged and released. D. Participant shall not be entitled to any interest on the amounts of the assistance. E. Agency shall make the assistance payment on the Payment Date. The "Assistance Year" shall be the four (4) full calendar year quarters following issuance of the Certificate of Completion issued pursuant to Section 2.15. The Payment Date for the assistance amounts described in subparagraph B, shall be the date thirty (30) days following receipt by the City of Temecula of Sales Tax revenue and the Sales Tax revenue report from the State Board of Equalization for the Assistance Year. F. The obligations described in this Section shall not become effective unless and until a judgment validating the legality of this Agreement pursuant to Code of Civil Procedure Section 860 is final as to all parties in such litigation. G. The payments to be made by the Agency pursuant to this section shall be considered a contractual obligation of the Agency. Nothing herein shall be construed to be a pledge of either property tax increment revenue or sales tax revenue and such contractual obligation shall be subordinate to Agency or City's current or future pledge of such revenues for bonded indebtedness. The City of Temecula shall have no liability for any of these payments. H. The Agency at its discretion, after consulting with Participant, may establish procedures pursuant to the requirements of this Agreement to determine annually the amount of 2/forms/OPA- 1 6 Sales Taxes paid by Participant for each Assistance Year and to pay to Participant such Sales Taxes according to the formulas set forth herein. Participant shall provide the Agency or its designee with all of the information required by the document entitled "Information on Sales and Use Tax Reporting and Required Information" which is attached hereto, marked as Exhibit 4, and by this reference incorporated herein. It is the obligation of the Participant to provide the required information to the Agency or its designee in a timely manner to keep the information accurate annually during the term of this Agreement. Failure to supply the required information as set out herein will result in Participant not receiving any credit for Sales Tax revenues received by the Agency for that Assistance Year. Subject to the provisions of the California Public Records Act and the Revenue and Taxation Code, the Agency shall maintain the confidentiality of all information supplied by Participant. Section 2.7 Indemnity and Insurance A. The Participant shall defend, indemnify, assume all responsibility for and hold the Agency and the City, and their respective elected and appointed officers and employees, harmless from all costs (including attorneys fees and costs), claims, demands or liabilities judgments for injury or damage to property and injuries to persons, including death, which may be caused by any of the Participant's activities under this Agreement, whether such activities or performance thereof be by the Participant or anyone directly or indirectly employed or contracted with by the Participant and whether such damage shall accrue or be discovered before or after termination of this Agreement. This indemnification clause specifically includes Participant's activities in removing or failing to remove contaminated materials, or toxic or hazardous wastes from Site according to applicable law. B. Not in derogation of the indemnity provisions of Subsection A of this Section, the Participant shall take out and maintain during the period set forth in Subsection E, a comprehensive liability policy in the amount of at least One Million Dollars ($1,000,000) for any person, Two Million Dollars ($2,000,000) for any occurrence, and Five Hundred Thousand Dollars ($500,000) property damage naming the City and Agency as additional insured. C. The Participant shall furnish a certificate of insurance signed by an authorized agent of the insurance carrier setting forth the general provisions of the insurance coverage. This certificate of insurance shall name the City and the Agency and their respective officers, agents, and employees as additional insured under the policy. The certificate of insurance shall contain a statement of obligation on the part of the carrier to notify the Agency by certified mail of any modification, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such modification, cancellation or termination. Coverage provided hereunder by the Participant shall be primary insurance and not contributing with any insurance maintained by the Agency or City, and the policy shall contain such an 2/forms/OPA- 1 7 endorsement. The required certificate shall be filed with the Agency prior to commencement of construction. D. The Participant shall also furnish or cause to be furnished to the Agency evidence satisfactory to the Agency that any contractor with whom it has contracted for the performance of work on the Site or otherwise pursuant to this Agreement carries workers' compensation insurance as required by law. E. The insurance obligations set forth in this Section shall remain in effect only until a final Certificate of Completion has been furnished for all of the improvements as hereafter provided in this Agreement. Section 2.8 City and Other Governmental Agency Permits A. Before commencement of construction or development of any buildings, structures or other work of improvement the Participant shall, at its own expense, secure or cause to be secured any and all permits which may be required by the City and any other governmental agency having jurisdiction as to such construction, development or work. The Agency shall provide all proper assistance to the Participant in securing these permits. B. The Participant assumes all responsibility for taking all actions necessary to comply with the Subdivision Map Act (Government Code § 66410, et seq.) and local subdivision enactments related thereto in order to comply with the scope of development. Section 2. 9 Rights of Access A. For the purpose of assuring compliance with this Agreement, representatives of the Agency shall have the right of access to the Site, without charges or fees, at normal construction hours during the period of construction for the purposes of this Agreement, including, but not limited to, the inspection of the work being performed in constructing the improvements, so long as they comply with all safety rules. Such representatives of the Agency shall be those who are so identified in writing by the Executive Director of the Agency. B. The Participant and the Agency agree to cooperate in placing and maintaining on the Site one sign indicating the respective parts of the Participant and the Agency in the Project. The cost of the sign shall be borne solely by the Participant. C. The Agency agrees to cooperate with the Participant in facilitating access by the Participant to the Site for construction purposes, provided that the Agency shall incur no financial obligations therefor. 2/forms/OPA- 1 8 Section 2.10 Local. State and Federal Laws The Participant shall carry out the provisions of this Agreement in conformity with all applicable local, state and federal laws and regulations. Section 2.11 Antidiscrimination During Construction The Participant, for itself and its successors and assigns, agrees that in the construction of the improvements provided for in this Agreement, the Participant shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, age, sex, marital status, handicap, national origin or ancestry. Section 2.12 Taxes. Assessments. Encumbrances and Liens The Participant shall pay when due all real estate taxes and assessments on the Site and levied subsequent to a conveyance of title to the Site. Prior to issuance of a Certificate of Completion pursuant to this Agreement, the Participant shall not place or allow to be placed on the Site or any part thereof any mortgage, trust deed, encumbrance or lien other than as expressly allowed by this Agreement. The Participant shall remove or have removed any levy or attachment made on any of the Site or any part thereof, or assure the satisfaction thereof within a reasonable time but in any event prior to a sale thereunder. Nothing herein contained shall be deemed to prohibit the Participant from contesting the validity or amounts of any tax assessment, encumbrance or lien, nor to limit the remedies available to the Participant in respect thereto. Section 2.13 Prohibition Against Transfer of the Site. the Buildings or Structures Therein and Assignment of Agreement Prior to the issuance of a Certificate of Completion pursuant to this Agreement as to any building or structure, the Participant shall not, except as permitted by this Agreement, without prior approval of the Agency, make any total or partial sale, transfer, conveyance, assignment or lease of the whole or any part of the Site or of the buildings or structures on the Site except as permitted by this Agreement. This prohibition shall not be deemed to prevent the granting of temporary or permanent easements or permits to facilitate the development of the Site or to prohibit or restrict the leasing of any part or parts of a building or structure for a term commencing upon completion. Section 2.14 Deed of Trust Financing: Rights of Holders A. No Encumbrances Except Deeds of Trust for Development Notwithstanding any other provision of this Agreement, deeds of trust are permitted before completion of the construction of the improvements, but only for the purpose of securing 2/forms/OPA- 1 9 loans of funds to be used for financing the acquisition of the Site, the construction of improvements on the Site, and any other purposes in connection with development under this Agreement. The Participant shall notify the Agency in advance of any mortgage, deed of trust or sale and leaseback financing, if the Participant proposes to enter into the same before completion of the construction of the improvements on the Site. Agency approval shall be required for any other financing. B. Holder Not Obligated to Construct Improvements The holder of any deed of trust authorized by this Agreement shall not be obligated by the provisions of this Agreement to construct or complete the improvements or to guarantee such construction or completion; nor shall any covenant or any other provision in the deed for the Site be construed so to obligate such holder. Nothing in this Agreement shall be deemed to construe, permit or authorize any such holder to devote the Site to any uses or to construct any improvements thereon, other than those uses or improvements provided for or authorized by this Agreement. C. Notice of Default to Deed of Trust Holders: Right to Cure With respect to any deed of trust granted by Participant as provided herein, whenever the Agency shall deliver any notice or demand to Participant with respect to any breach or default by the Participant in completion of construction of the improvements, the Agency shall at the same time deliver to each holder of record of any mortgage or deed of trust authorized by this Agreement a copy of such notice or demand but only if Agency has been requested to do so in writing by Participant or beneficiary. Each such holder shall (insofar as the rights of the Agency are concerned) have the right, at its option, within ninety (90) days after the receipt of the notice, to cure or remedy or commence to cure or remedy any such default and to add the cost thereof to the mortgage debt and the lien of its mortgage. Nothing contained in this Agreement shall be deemed to permit or authorize such holder to undertake or continue the construction or completion of the improvements (beyond the extent necessary to conserve or protect the improvements or construction already made) without first having expressly assumed the Participant's obligations to the Agency by written agreement satisfactory to and with the Agency. The holder, in that event, must agree to complete, in the manner provided in this Agreement, the improvements to which the lien or title of such holder relates, and submit evidence satisfactory to the Agency that it has the qualifications and financial responsibility necessary to perform such obligations. Such agreement shall also provide for attornment to the Agency as landlord and nondisturbance by the Agency. Any such holder properly completing such improvement shall be entitled, upon compliance with the requirements of Section 2.15 of this Agreement, to a Certificate of Completion (as therein defined). D. Failure of Holder to Complete Improvements In any case where, six (6) months after default by the Participant in completion of construction of improvements under this Agreement, the holder of any deed of trust creating 2/forms/OPA- 1 10 a lien or encumbrance upon the Site or any part thereof has not exercised the option to construct, or if it has exercised the option and has not proceeded diligently with construction, the Agency may purchase the mortgage or deed of trust by payment to the holder of the amount of the unpaid mortgage or deed of trust debt, including principal and interest and all other sums secured by the mortgage or deed of trust. If the ownership of the Site or any part thereof has vested in the holder, the Agency, if it so desires, shall be entitled to a conveyance from the holder to the Agency upon payment to the holder of an amount equal to the sum of the following: The unpaid mortgage or deed of trust debt at the time title became vested in the holder (less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings); 2. All expenses with respect to foreclosure; The net expense, if any (exclusive of general overhead), incurred by the holder as a direct result of the subsequent management of the Site or part thereof; 4. The costs of any improvements made by such holder; and o An amount equivalent to the interest that would have accrued on the aggregate of such amounts had all such amounts become part of the mortgage or deed of trust debt and such debt had continued in existence to the date of payment by the Agency. E. Right of the Agency to Cure Deed of Trust Default In the event of a mortgage or deed of trust default or breach by the Participant prior to the completion of the construction of the improvements on the Site or any part thereof and the holder of any mortgage or deed of trust has not exercised its option to construct, the Agency may cure the default. In such event, the Agency shall be entitled to reimbursement from the Participant of all costs and expenses incurred by the Agency in curing such default. The Agency shall also be entitled to record a lien upon the Site to the extent of such costs and disbursements. Any such lien shall be subject to the construction financing mortgages or deeds of trust. F. Right of the Agency to Satisfy Other Liens on the Site After Title Passes After the conveyance of title and prior to the completion of construction, and after the Participant has had a reasonable time to challenge, cure or satisfy any liens or encumbrances on the Site, the Agency shall have the right to satisfy any such liens or encumbrances, provided, 2/forms/OPA-I 11 however, that nothing in this Agreement shall require the Participant to pay or make provision for the payment of any tax, assessment, lien or charge, so long as the Participant in good faith shall contest the validity or amount thereof, and so long as such delay in payment shall not subject the Site to forfeiture or sale. Section 2.15 Certificate of Completion A. Promptly after completion of all construction and development of the Site in the manner required by this Agreement, the Agency shall furnish the Participant with a Certificate of Completion upon written request therefor by the Participant. The Agency shall not unreasonably withhold any such Certificate of Completion. Such Certificate of Completion shall be a conclusive determination of satisfactory completion of the construction required by this Agreement upon the Site and the Certificate of Completion shall so state. After recordation of such Certificate of Completion, any party then owning or thereafter purchasing, leasing or otherwise acquiring any interest therein shall not (because of such ownership, purchase, lease or acquisition), incur any obligation pursuant to this Agreement for the initial construction of the improvements. B. A Certificate of Completion of construction for the entire improvement and development of the Site shall be in such form as to permit it to be recorded in the Recorder's Office of Riverside County. C. If the Agency refuses or fails to furnish a Certificate of Completion for the Site, or part thereof, after written request from the Participant, the Agency shall, within thirty (30) days of written request therefor, provide the Participant with a written statement of the reasons the Agency refused or failed to furnish a Certificate of Completion. The statement shall also contain Agency's opinion of the actions the Participant must take to obtain a Certificate of Completion. If the reason for such refusal is confined to the immediate availability of specific items of materials for landscaping, the Agency shall issue its Certificate of Completion upon the posting of a bond by the Participant with the Agency in an amount representing a fair value of the work not yet completed. If the Agency shall have failed to provide such written statement within said thirty (30) day period, the Participant shall be deemed entitled to the Certificate of Completion. D. Such Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation of the Participant to any holder of any deed of trust securing money loaned to finance the improvements, or any part thereof. Such Certificate of Completion is not a notice of completion as referred to in the California Civil Code, Section 3093. 2/forms/OPA- 1 12 ARTICLE III USE OF THE SITE Section 3.1 Uses The Participant covenants and agrees for itself, its successors, its assigns, and every successor in interest to the Site or any part thereof, that during construction and thereafter, the Participant, and such successors and such assignees, shall devote the Site to use as a retail/wholesale commercial facility. Section 3.2 Covenants for Non-Discrimination The Participant covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, age, handicap, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, nor shall the Participant itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Site. The Participant shall refrain from restricting the rental, sale or lease of the Site on the basis of race, color, creed, religion, sex, marital status, handicap, national origin or ancestry of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: A. In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, handicap, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." B. In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, handicap, ancestry or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under 2/forms/OPA- 1 13 or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased." C. In contracts: "There shall be no discrimination against or segregation of, any person, or group of persons on account of race, color, creed, religion, sex, marital status, handicap, ancestry or national origin, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the premises." The covenants established in this Section and the deeds shall, without regard to technical classification and designation, be binding for the benefit and in favor of the Agency, its successors and assigns, the City and any successor in interest to the Site or any part thereof. The covenants, contained in this Section and the Grant Deed shall remain in perpetuity. Section 3.3 Maintenance Covenants Subsequent to the issuance of a Certificate of Completion, the Participant, and all successors and assigns in interest to the Site, shall be obligated to maintain the Site, and all improvements and landscaping situated thereon, in a clean and neat condition and in a continuous state of good repair. In the event the Participant fails to maintain the Site as required by this Agreement, Agency shall notify Participant in writing of such failure and specify the work necessary to meet the maintenance obligation. In the event the work specified is not completed within thirty (30) days of the date of said notice,or such longer period as the nature of the particular work reasonably may require, Agency may enter the Site, complete the work, and bill Participant for the cost of said work. 2/forms/OPA-I 14 Section 3.4 Effect of Violation of the Terms and Provisions of this Agreement After Completion of Construction The Agency is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own fights and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. The Agreement and the covenants shall run in favor of the Agency, without regard to whether the Agency has been, remains or is an owner of any land or interest therein in the Site or in the Project Area. The Agency shall have the right, if the Agreement or covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement and covenants may be entitled. ARTICLE IV GENERAL PROVISIONS Section 4.1 Notices, Demands and Communications Among the Parties Written notices, demands and communications among the Agency and the Participant, shall be sufficiently given by personal service or dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of the Agency or the Participant described in Section 1.4. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. Notwithstanding anything to the contrary contained herein, notice personally served shall be deemed to have been received as of the date of such services; notice served by mail shall be deemed to have been received as of five (5) days after the date of mailing. Section 4.2 Conflicts of Interest The Participant warrants that it has not paid or given and will not pay or give any officer, employee or agent of the City or Agency any money or other consideration for obtaining this Agreement. Section 4.3 Enforced Delay: Extension of Times of Performance In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where party seeking the extension has acted diligently and delays or defaults are due to events beyond the reasonably control of the party such as but not limited to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts 2/forms/OPA- 1 15 of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; intergalactic invasion, lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; acts or omissions of another party; or any other causes beyond the control or without the fault of the party claiming an extension of time to perform, except that no claim for an extension of time shall be based on the financial inability of the party seeking the extension. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. 'Times of performance under this Agreement may also be extended in writing by the mutual agreement of Agency and the Participant. Section 4.4 Non-liability of Officials and Employees of the Agency No member, official or employee of the Agency or the City shall be personally liable to the Participant, or any successor in interest, pursuant to the provisions of this Agreement, nor for any default or breach by the Agency (or the City). Section 4.5 Inspection of Books and Records Each party has the right to inspect, at reasonable times, the books and records of the other pertaining to the Site as pertinent to the purposes of this Agreement. ARTICLE V DEFAULTS AND REMEDIES Section 5.1 Defaults -- General Subject to the extensions of time set forth in Section 4.3, failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement. A party claiming a default (claiman0 shall give written notice of default to the other party, specifying the default complained of. The claimant shall not terminate this Agreement pursuant to Section 5.7, institute proceedings against the other party nor be entitled to damages if the other party within fourteen (14) days from receipt of such notice immediately, with due diligence, commences to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy within thirty (30) days from the date of receipt of such notice, or such longer time as reasonably may be required for the particular cure. Such cure, correction and remedy shall include payment of any costs, expenses (including attorney fees) or damages incurred by the non- defaulting party resulting from the default or during the period of default. 2/forms/OPA- 1 16 Section 5.2 Legal Actions A. Institution of Legal Actions Any legal actions related to or arising out of this Agreement must be instituted in the Superior Court of the County of Riverside, State of California, in an appropriate municipal court in that county, or, if federal jurisdiction exists, in the Federal District Court in the Central District of California. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. B. Applicable Law The laws of the State of California shall govern the interpretation and enforcement of this Agreement. C. Acceptance of Service of Process In the event that any legal action is commenced by the Participant against the Agency, service of process on the Agency shall be made by personal service upon the Executive Director or in such other manner as may be provided by law. In the event that any legal action is commenced by the Agency against the Participant, service of process on the Participant shall be made by personal service upon a corporate officer of the Participant and shall be valid whether made within or without the State of California or in such other manner as may be provided by law. Section 5.3 Rights and Remedies Are Cumulative Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. Section 5.4 Inaction Not a Waiver of Default Any failures or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. 2/forms/OPA- 1 17 Section 5.5 Damaees If a default is not fully cured by the defaulting party as provided in Section 5.1, the defaulting party shall be liable to the other party for any damages caused by such default, and the nondefaulting party may thereafter (but not before) commence an action for damages against the defaulting party with respect to such default. Section 5.6 Specific Performance If a default under this Agreement is not fully cured by the defaulting party as provided in Section 5.1, the nondefaulting party at its option may thereafter (but not before) commence an action for specific performance of terms of this Agreement. Section 5.7 Remedies and Rights Prior to Certificate of Completion A. Termination by the Participant Prior to the issuance of the Certificate of Completion to Participant, the Participant may terminate this Agreement and its obligations thereunder (subject to Paragraph D below) for any of the following reasons: the Agency defaults in the performance of any material obligation hereunder and such failure is not cured within the time required by this Agreement. B. Termination by the Agency Prior to the issuance of the Certificate of Completion to Participant, the Agency may terminate this Agreement and its obligations thereunder (subject to Paragraph D below) for any of the following reasons: prior to the conveyance of the Site the Participant (or any successor in interest) assigns or attempts to assign the Agreement or any rights therein or in the Site in violation of this Agreement; or o the Participant does not submit certificates of insurance, construction plans, drawings and related documents as required by this Agreement, in the manner and by the dates respectively provided in this Agreement therefor; or o Participant defaults in the performance of any material obligation hereunder and such failure is not cured within the time required by this Agreement. 2/forms/OPA- 1 18 C. Procedure for Termination In order to terminate this Agreement prior to issuance of the Certificate of Completion of the Site to Participant for any reason set forth in Paragraph A or B above, the party proposing to terminate, after the giving of the notice and expiration of the cure period pursuant to Section 5.1, shall deliver written notice of its intent to terminate at least fifteen (15) days prior to the proposed date of termination and stating the reasons for termination. The party proposing to terminate the Agreement may withdraw the proposed termination or extend the effective date at any time prior to the effective date of the termination. D. Consequences of Termination In the event of termination of this Agreement in accordance with this Section, each party shall retain any rights or recourse it may have against the other. ARTICLE VI SPECIAL PROVISIONS Section 6.1 Submission of Documents to the Agency for Approval Whenever this Agreement requires the Participant to submit plans, drawings or other documents to the Agency for approval, which shall be deemed approved if not acted on by the Agency within the specified time, said plans, drawings or other documents shall be accompanied by a letter stating that they are being submitted and will be deemed approved unless rejected by the Agency within the stated time. If there is no time specified herein for such Agency action, the Participant may submit a letter requiring Agency approval or rejection of documents within thirty (30) days after submission to the Agency or such documents shall be deemed approved. Section 6.2 Continuation of Covenants Of the covenants which have been established pursuant to this Agreement, the same shall be deemed to be covenant running with the land. Covenants relating to construction of improvements on the property shall expire upon the issuance by Agency of a Certificate of Completion or Certificates of Completion as to the entire Site. Covenants relating to the use and maintenance of the Site and improvements thereon shall expire at the end of the twelfth (12th) year following recordation of a Certificate of Completion or Certificates of Completion for the entire Site. The covenants against discrimination contained in Section 4.2 shall remain in perpetuity. Section 6.3 Amendments to this Agreement The Participant and the Agency agree to mutually consider reasonable requests for amendments to this Agreement which may be made by lending institutions, or Agency's counsel 2/forms/OPA- 1 19 or financial consultants, provided said requests are consistent with this Agreement and would not substantially alter the basic business terms included herein. Section 6.4 Real Estate Commission Participant shall pay all claims of brokers, agents or finders, licensed or unlicensed, and all claims of real estate or other consultants which exist or may arise with respect to the Site. Agency warrants that it has not dealt with any such broker, agent, finder or other person with respect to the Site. Agency shall not be liable for any such fees and Participant shall indemnify Agency, its officers, employees and agents, from any and all costs, liabilities or judgments, including attorneys' fees, incurred in defendin~ or paying any such claims, except to the extent such claim constitutes a breach of ~ {3 (~_~.~ )'~~ ~' the Agencyto~d-~. foregoing warranty./~,~~7~--~.- ~ Section 6.5 Entire Aereement. Waivers & General A. This Agreement is executed in duplicate originals, each of which is deemed to be an original. This Agreement includes pages 1 through 21 and Exhibits 1 through 4, which constitutes the entire understanding and agreement of the parties. B. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter her~f. C. All amendments hereto must be in writing executed by the appropriate authorities of the Agency and the Participant. D. In any circumstance where under this Agreement either party is required to approve or disapprove any matter, approval shall not be unreasonably withheld. E. Both Paxties are sophisticated buyers and sellers of real property and have participated in the drafting of this Agreement. Section 6.6 Time For Acceptance Of Agreement By Agency This Agreement, when executed by the Participant and delivered to the Agency, must be authorized, executed and delivered by the Agency on or before thirty (30) days after signing and delivery of this Agreement by Participant or this Agreement shall be void, except to the extent that the Participant shall consent in writing to a further extension of time for the authorization, execution and delivery of this Agreement. The date of this Agreement shall be the date when it shall have been signed by the Agency. 2/forms/OPA-1 20 IN WITNESS WHEREOF, the Agency and the Participant have signed this Agreement as of the date first written above. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA By: MOORE Chairperson ATTEST: COSTCO WHOLESALE CORPORATION i JOHN R. OSTERHAUS ~Vice President x, / S. GREEK Secretary APPROVED AS TO FORM: SCOTT F. FIELD Counsel to the Agency 2/forms/OPA- 1 21 ITEM NO. 17 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER DATE: TO: FROM: SUBJECT: CITY OF TEMECULA AGENDA REPORT May 9, 1991 City Council Mark J. Ochenduszko, Assistant City Manager ADOPTION OF RESOLUTION AUTHORIZING CHANGE IN FLEXIBLE BENEFIT PLAN RECOMMENDATION: Adopt Resolution 91 J,-//~--,~Authorizing Change in the City of Temecula Flexible Benefits Plan. DISCUSSION: The City of Temecula has adopted a flexible benefits plan as a vehicle for providing employees with health benefits. The plan also serves as a cost containment measure for the City. Health benefits are offered through the PERS Health Program. PERS has recently advised the City of plan cost increases ranging from 2 to 20% for the coming plan year. In order to provide some offset to these increases, it is recommended that the flexible plan allotment be increased by $40 per month. FISCAL IMPACT: Monies have been provided for in the proposed Fiscal Year 1991-92 budget to provide for this increased cost of providing health benefits. RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING THE CITY OF TEMECULA FLEXIBLE BENEFIT PLAN RATE FOR THE 1991-92 PLAN YEAR. The City of Temecula does resolve, determine and order as follows: WHEREAS, The City Council adopted the City of Temecula Flexible Benefits Plan Document on September 18, 1990; and WHEREAS, The City Council as a part of its action on September 18, 1990, established a monthly Flexible Benefit amount of $450; and WHEREAS, The City is a member of the California Public Retirement System Health Plan (PERS Health); and WHEREAS, PERS Health has notified the City that monthly plan increases will be effected at the start of the 1991-92 plan year (August 1, 1991); NOW THEREFORE, BE IT RESOLVED, that the City of Temecula adopts new monthly Flexible Benefits rates as follows: Section 1. The City of Temecula Flexible Benefit rate will increase by $40 per month to the sum of $490 per month effective August 1, 1991. Passed, approved and adopted this 14th day of May, 1991. Attest: Ronald J. Parks, Mayor June D. Greek, City Clerk [SEAL] ITEM NO. 18 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Scott F. Field, City Attorney May 14, 1991 Procedures for Adoption of Development Agreements and Pre- Annexation Agreements RECOMMENDATION: It is recommended that the City Council approve Resolution No. 91-XX, which establishes procedures for the approval of development agreements including pre-annexation agreements. DISCUSSION: The City Council at its meeting of August 14, 1990 considered and approved Resolution No. 90-90 which set up procedures for the consideration and approval of development agreements. Since that time, discussions with individuals and property owners in unincorporated County territory within the City's sphere of influence have expressed a desire to propose development agreements in territory which may be annexed to the City. Such pre-annexation development agreements or "pre-annexation agreements" have been recognized by California courts and upheld. Morrison Homes Corporation v. City of Pleasanton, (1976) 58 CaI.App.3d 724; 130 CaI.Rptr. 196. Furthermore, pre- annexation development agreements are now authorized by statute, Government Code Section 65865(b). IN order to proceed with the consideration of any pre-annexation development agreements, it is necessary to have the appropriate procedures adopted by the City Council which meets the requirements of the Government Code. Resolution No. 90-90 has been modified to include the requirements for consideration of pre-annexation development agreements. Basically, in order to adopt a pre-annexation development agreement, the applicant must be the owner of either a legal or equitable interest in real property located within unincorporated territory which is in the City's sphere of influence. The agreement once adopted, cannot become operative until the annexation process is complete. The agreement must provide a time period during which the annexation is to be completed. If the annexation is not completed within the time specified in the agreement, or any extension thereto, the agreement becomes null and void and of no legal affect. The same provisions for the recovery of costs to the City of preparing and negotiating the agreement are retained in the revised procedures. ATTACHMENTS: Revised Resolution FISCAL IMPACT: None anticipated at this time as the Resolution contains a cost recovery provision. ggd/RESl17162 RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REGARDING DEVELOPMENT AGREEMENTS, PRE-ANNEXATION AGREEMENTS, AND THE PROCEDURES FOR CONSIDERATION THEREOF THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: WHEREAS, the State Legislature has authorized the City to enter into development agreements which provide greater certainty to developers to proceed with approved projects according to local policies and regulations; and, WHEREAS, both California case law and statutes, Government Code Section 65865(c), authorize cities to enter into development agreements with any person having a legal or equitable interest in real property in unincorporated territory within the City's sphere of influence; and, WHEREAS, Government Code Section 65867 requires a public hearing before the planning agency and the legislative body prior to the adoption of a development agreement; and, WHEREAS, the City Council wishes to implement this authorization in an efficient and equitable manner by providing processing procedures for development agreements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY RESOLVES AS FOLLOWS: SECTION 1. As a policy, development agreements should include public benefit(s), beyond those already forthcoming through project approvals, in return for commitments to maintain present plans and regulations for determinate periods. SECTION 2. For purposes of this Resolution, the term "development agreement" shall include pre-annexation agreements which meet the requirements of Government Code Section 65865(b). However, no such pre-annexation agreement shall have any force or effect and shall be null and void unless the annexation is completed within the time specified in the agreement or any extension thereof. -1- ggd/RESl17162 SECTION 3. The Planning Commission is hereby designated as the planning agency for purposes of Government Code Section 65867. SECTION 4. The following procedures are approved: A. Application. 1. Consideration of a development agreement, Government Code Section 65864 et seq., shall be initiated by the property owner (#OWNER#) filing an application for such consideration with the Director of Planning (#Director"). The application shall include: (a) A proposed agreement which conforms to the form approved by the City Attorney and shall include the following: (i) A legal description of the property sought to be covered by the agreement. (ii) A description of the proposed uses, height and size of buildings, density or intensity of use, and provision for reservation or dedication of land for public purposes. (iii) Conditions, terms, restrictions, and requirements for subsequent City discre- tionary actions. (iv) Proposed time when construction would be commenced and completed, including a phasing plan. (v) Proposed public benefits inclu- sive of an implementation phasing plan. (vi) Termination date for the agreement, not to exceed ten (10) years from the date of execution. (b) Sufficient information to enable the Director to perform an initial study pursuant to Public Resources Code Section 21160. (c) Sufficient information to establish that the project is consistent with the Southwest Area Community Plan. -2- ggd/RESl17162 (d) For pre-annexation development agreements, the development agreement shall include the following: (i) A date certain when the annexation is to be completed; and, (ii) A provision which makes the agreement null and void if the annexation is not completed by the date set forth in the agreement or any extension thereof. (e) Such other information as the Director may require. 2. The application shall be accompanied by a $4,000.00 deposit fee to cover processing costs. Additional funds may be requested. Any overage shall be refunded subsequent to adoption of the agreement or upon termination of the application. The City Council may choose to refund the application fee pursuant to the terms of the development agreement in exchange for public benefits received. B. Recommendation and Transmittal. The Director shall, in accordance with adopted City procedures for implementation of CEQA, prepare appropriate environmental documentation and, upon completion of such documentation, shall transmit the application, together with the Director's report on adequacy of existing plans and regulations, and proposed public benefit(s) to balance development commitments; and why such benefit(s) is/are adequate to the Planning Commission and then to the City Council if approved by the Commission or appealed by the applicant to the City Council. C. Planning Commission Action. 1. Upon receipt of the application, environ- mental documentation and Director's report, the Planning Commission Secretary shall schedule a public hearing on the application. The hearing shall be preceded by public notice given in the same manner as for a zone change. 2. Following the public hearing, the Commission may recommend approval, disapproval, or approval as modified by the Commission, and, if approval or approval as modified, recommend that the City Council adopt an ordinance approving the agreement. -3- ggd/RESl17162 D. City Council Action. 1. Upon receipt of the application, environ- mental documentation and Director's report including the Planning Commission's recommendation or the applicant's appeal, the City Clerk shall schedule a public hearing on the application. The hearing shall be preceded by public notice given in the same manner as for a zone change. 2. Following the public hearing, the Council may approve, disapprove, or approve as modified by the Council the application and, if approved or approved as modified, adopt an ordinance approving the agreement and may execute said agreement on behalf of the City. Said agree- ment shall not become effective prior to execution by the Mayor. 3. No agreement shall be executed by the City until it has been executed by the applicant. If the applicant has not executed the agreement, or agreement as modified by the City Council, and returned said executed agreement to the City for execution within thirty (30) days of Council approval, said application shall be deemed withdrawn and the agreement shall not be executed by the City. 4. Within ten (10) days after the City executes a development agreement, the City Clerk shall cause a copy thereof to be recorded. E. Annual Review. 1. All development projects subject to the agreement shall be reviewed by the Director once every twelve (12) months concurrent with OWNER's submittal of an Annual Monitoring Report. 2. The purpose of the review shall be to inquire into the good faith compliance of the OWNER with the terms of the agreement and any other matters which may be specified in said agreement. 3. Prior to each review, the OWNER shall file a report with the Director as to development which has occurred under the agreement subsequent to the last past review and any other matters which the OWNER wishes to bring to the Director's attention. -4- ggd/RESl17162 4. If, following a review of an agreement, it is determined by the City Council that the agreement should be terminated or modified, the matter shall be set by Director for public hearing by the Planning Commission and transmitted to the City Council for proceedings for termination or modification. F. Termination, Cancellation, Modification and Amendment of Development Agreements. 1. Any development agreement may be amended by mutual consent of the OWNER and the City Council or cancelled by the City Council in the same manner as set forth above for entering into such agreement. 2. If as a result of a periodic review it finds and determines, on the basis of substantial evidence, that the OWNER or successor in interest has not complied in good faith with the terms and conditions of the agreement, the City Council may terminate or modify the agreement. SECTION 5. this Resolution. The City Clerk shall certify the adoption of PASSED, APPROVED AND ADOPTED this , 1991. day of RON PARKS MAYOR -5- ggd/RES 117162 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the city Council of the City of Temecula at a regular meeting thereof, held on the day of , 1991 by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS JUNE S. GREEK CITY CLERK -6- ITEM NO. 19 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council David F. Dixon May 14, 1991 Participation in the Temecula Economic Development Corporation RECOMMENDA T/ON: It is recommended that the City Council authorize expenditure of $10,000 for two memberships in the Temecula Economic Development Corporation. STAFF REPORT: Over the past year there has been great emphasis on economic development in the community. As the City incorporated, there became an urgent need to balance the City's resources and develop a housing/job mix. Economic development is a tool which provides encouragement for job creation, business expansion, and economic vitality. The Temecula Economic Development Corporation was formed on June 13, 1990. Its goal and mission is to retain the existing corporate enterprises that we have in the community today and to recruit new and expanding industries. The Corporation asked the City in 1990 to support its efforts. After lengthy discussions and deliberation, I am recommending that the City participate in the Temecula Economic Development Corporation with the expenditure of $10,000 for two memberships which represent participation on the Board by a member of the City Council and the City Manager. FINANCIAL IMPACT: Expenditure of $10,000 for two memberships. Funding for this participation would come from Account #001-100-999-42-5267. ITEM NO. 20 APPROVAL ~ CITY ATTORNEY_~~_. FINANCE OFFICER--~~l CITY MANAGER '/~. ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council David F. Dixon May 14, 1991 Chamber of Commerce Support RECOMMENDATION: It is recommended that the City Council authorize an amount not to exceed $16,450 for financial support to the Chamber of Commerce for the balance of Fiscal Year 1990-1991. STAFF REPORT: On March 8, 1991, I sent the City Council a memorandum entitled "Chamber of Commerce Support." In that memorandum I noted that the Chamber of Commerce has been an integral part of this community for many years and in recent months has provided great support to the City. The Chamber of Commerce is an information arm of the community and has shown that in many ways. The Chamber has also supported the City's efforts in economic development, especially during the Inland Empire Economic Development Expo which was held April 3 and 4. I am recommending an expenditure of $16,450 which will cover Chamber activities such as printing, mailing, and staff support. Because the Chamber acts as an information arm for the City additional funding will be considered during budget discussions for Fiscal Year 1991/1992. FINANCIAL IMPACT: Expenditure of $16,450 to support the Chamber of Commerce. Funding provided under Account//001-100-999-42-5267. ITEM NO. 21 ORDINANCE NO. 91-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING PORTIONS OF THE NON-CODIFIED RIVERSIDE COUNTY ORDINANCES AND ADDING CHAPTER 12.08 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING REGULATIONS RELATING TO VEHICLES AND TRAFFIC. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. City Ordinance No. 90-04 adopted by reference portions of the non- codified Riverside County Ordinances. On the effective date of this Ordinance, the following provisions of the non-codified Riverside County Ordinances, which City Ordinance No. 90- 04 adopted, are hereby repealed: (a) Ordinance No. 413 relating to parking; Co) Ordinance No. 585 relating to vehicles. Section 2. "Chapter 12.08 is hereby added to the Temecula Municipal Code, which shall read as follows: "CHAPTER: 12.08 VEHICLES AND TRAFFIC Divisions: 1 2 3 4 5 6 7 8 9 10 11 Definitions Enforcement--Obedience Official Traffic Control Devices Stopping, Standing and Parking Stop Intersections Yield Right-of-Way Signs One-Way Streets and Alleys Restricted Use of Certain Streets Driving Rules Pedestrians Violation of Chapter - Penalty 2/orals 91-16 I DIVISION 1 - DEFINITIONS Sections: 12.08.001 12.08.002 12.08.003 12.08.004 12.08.005 12.08.006 12.08.007 12.08.008 12.08.009 12.08.010 12.08.011 12.08.012 12.08.013 12.08.014 12.08.015 12.08.016 12.08.017 Vehicle Code definitions Definitions generally Alley City Council Curb Loading Zone Official Traffic Control Device Official Traffic Control Signal Park Parkway Passenger Loading zone Pedestrian Police officer Safety Zone Stop Stop or stand Vehicle Code 12.08.001 Vehicle Code definitions. Whenever any words or phrases used in this title are not defined in this chapter but are now or hereafter defined in the Vehicle Code of the state, the definitions are incorporated in this chapter and shall be deemed to apply to such words and phrases used in this title as though set forth in this chapter in full. 12.08.002 Definitions generally. The following words and phrases when used in this title shall, for the purpose of this rifle, have the meanings respectively ascribed to them in this chapter. 12.08.003 Alley. "Alley" means any street less than twenty-five (25) feet in width which is primarily used for access to the rear or side entrances of abutting property. 12.08.004 City Council. "City Council means the council of the City of Temecula. 12.08.005 Curb. "Curb" means the lateral boundary of the roadway whether such curb be marked by curbing construction, or not so marked; the word "curb" as herein used shall not include the line dividing the roadway of a street from parking strips in the center of a street, nor from tracks or rights of way of public utility companies. 12.08.006 Loading zone. "Loading zone" means that space adjacent to a 2/ordB 91-16 2 curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials. 12.08.007 Official Traffic Control Device. "Official Traffic Control Device" means any sign, signal, marking or device, consistent with Section 21400 of the Vehicle Code, placed or erected by authority of the City of Temecula or designated official, for the purpose of regulating, warning, or guiding traffic, but does not include islands, curbs, traffic barriers, or other roadway design features. 12.8.008 Official Traffic Control Signal. "Official Traffic control Signal" means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and proceed and which is erected by the City or designated official. 12.08.009 Park. "Park" means to stand or leave standing any vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading of passengers or materials. 12.08.010 roadway or sidewalk. Parkway. "Parkway" means that portion of a street other than a 12.08.011 Passenger loading zone. "Passenger loading zone" means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers. 12.08.012 Pedestrian. "Pedestrian" means any person afoot. 12.08.013 Police officer. "Police officer" means every officer of the police department of this city, or any officer authorized to direct traffic or make arrests for violation of traffic regulations. 12.08.014 Safety Zone. "Safety zone" means the area or space lawfully set apart within a roadway for the exclusive use of pedestrians and which is protected, or which is marked or indicated by vertical signs, raised markers or raised buttons, in order to make such area or space plainly visible at all times while the same is set apart as a safety zone. 12.08.015 Stop. "Stop" means a complete cessation of movement. 12.08.016 Stop or stand. "Stop or stand," when prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic-control device. 12.08.017 Vehicle Code. "Vehicle Code means the vehicle code of the 2/orda 91-16 3 state. SECTION 12.08.017- 12.08.050 RESERVED. DIVISION 2 - ENFORCEMENT--OBEDIENCE Sections: 12.08.051 12.08.052 12.08.053 12.08.054 12.08.055 12.08.056 12.08.057 12.08.058 12.08.059 12.08.060 12.08.061 12.08.062 12.08.063 12.08.064 Police officers--Authority Authority to issue parking citations Police officers--Traffic direction Authority of fire department officers or survey crew Obedience to police and fire department Officials Removal of Unauthorized Signs Removal of Obstructions Within Parkways Loitering--Obstruc~g traffic Persons riding bicycles or animals Public employees to obey traffic regulations Exemptions to certain vehicles Accident report--Required Accident report - Contents Accident report - Time Limit 12.08.051 Police officers--Authority. It shall be the authority of the officers of the police department, and such officers as are assigned by the chief of police, to enforce all traffic laws of this city and all of the state vehicle laws applicable to traffic in this city. 12.08.052 Authority to issue parking citations. Parking citations or notices of violations, related to charging violations of local or Vehicle Code regulations governing the parking or standing of vehicles, may be issued by any peace officer, by any other employee or agent of the police department or of the city who is duly authorized by the chief of police to do so, by any other person specifically so authorized by some other provision of law, and by any other person specially authorized by the chief of police in writing to do so. Whenever the chief of police delegates such authority to persons other than peace officers, he shall endeavor to see that each such person is adequately instructed regarding the provisions of the parking regulations to be enforced, and the evidentiary prerequisites to proper prosecution for violations thereof. He shall further provide such persons with the same form 2lord8 91-16 4 of citations or notices of violations as are utilized for the purpose by officers of the police department. Any such persons shall be appropriately instructed to deposit executed citations or notices with the police department for filing with the court, after review for legal sufficiency. 12.08.053 Police Officers-Traffic direction. Officers of the police department or such officers as are assigned by the chief of police are authorized to direct all traffic by voice, hand or other signal in conformance with traffic laws, provided that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require, notwithstanding the provisions of the traffic laws. 12.08.054 Authority of fire department officers or survey crew. Officers of the fire department, when at the scene of a fire or, when in the course of their duties are protecting personnel, or equipment of the fire department, may direct or assist the police in directing traffic. Members of the city's survey crew, when in the course of their duties are surveying the city's streets and rights-of-way, may direct or assist the police in directing traffic. 12.08.055 Obedience to police and fire departments officials. No person shall wilfully fail or refuse to comply with any lawful order of a police officer or fire department official when directing traffic. 12.08.056 Removal of unauthorized signs, barricades. markings and lights. The City Traffic Engineer or chief of police may without notice remove or cause to be removed every unauthorized sign, barricade, marking, signal or device placed, maintained or displayed upon any city street or road right-of-way contrary to the provisions of section 21467 of the Vehicle Code. 12.08.057 Removal of obstructions within parkways. Whenever the City Traffic Engineer determines that any fence, hedge, shrubbery, tree or other objects within the parkway obstructs the view of any traffic upon the roadways, or is an undue obstruction to pedestrians attempting to walk within the parkway at locations where no sidewalks exists, he/she shall cause the obstruction to be removed or altered in such a manner as to permanently eliminate the problem. 12.08.058 Loitering--Obstructing traffic. It is unlawful for any person to stand upon any street, sidewalk or other public way open for pedestrian travel, or otherwise occupy any portion thereof in such a manner as to annoy or molest any pedestrian thereon, or so as to obstruct or unreasonably interfere with the free passage of pedestrians, motor vehicles or other modes of travel. No person shall sit, lie or sleep upon any street, sidewalk or other public way. The provisions of this section shall not apply to persons sitting on the curb portion of any sidewalk or street while attending or viewing any parade permitted under the provisions of this code; nor shall the provisions of this section apply to persons sitting 2/orals 91~16 5 upon benches or other seating facilities provided for such purposes by municipal authority. 12.08.059 Persons riding bicycles or animals. Every person riding a bicycle or riding or driving an animal upon a highway shall be granted all of the rights, and shall be subject to all of the duties applicable to, the driver of a vehicle by this title except those provisions which by their very nature can have no application. 12.08.060 Public employees to obey traffic re£ulations. The provisions of this title shall apply to the driver of any vehicle owned by or used in the service of the United States Government, this state, or any county or city, and it unlawful for any said driver to violate any of the provisions of this title except as otherwise permitted in this chapter or by the Vehicle Code. 12.08.061 Exemptions to certain vehicles. (a) The provisions of this title regulating the operation, parking and standing of vehicles shall not apply to any vehicle of the police or fire departments, or other city vehicles, properly equipped to qualify as emergency vehicles, any public utility vehicle or any private ambulance, which public utility vehicle or private ambulance has qualified as an authorized emergency vehicle, when any vehicle mentioned in this section is operated in the manner specified in the Vehicle Code in response to any emergency call. (b) The foregoing exemptions shall not, however, protect the driver of any such vehicle from the consequences of his wilful disregard of the safety of others. (c) The provisions of this title regulating the parking or standing of vehicles shall not apply to any vehicle of a city department or public utility vehicle necessarily in use for construction or repair work, or any vehicle owned by the United States while in use for the collection, transportation or delivery of United States mail. 12.08.062 Accident report--Required. The driver of a vehicle or the person in charge of any animal involved in any accident resulting in damage to any property publicly owned or owned by a public utility, including but not limited to any fire hydrant, ornamental lighting post, telephone pole, electric light or power pole, or resulting in damage to any ornamental shade tree, traffic-control device or other property of a like nature located in or along any street, shall within twenty-four (24) hours after such accident prepare a written report of the events of such accidents to the city police department. 12.08.063 Accident report--Contents. Every such report shall state the time and the place the accident took place, the name and address of the person owning and of 2lords 91-16 6 the person driving or in charge of such vehicle or animal, the license number of every such vehicle, and shall briefly describe the property damaged in such accident. 12.08.064 Accident report--Time limit. A driver involved in an accident shall not be subject to the requirements of Section 12.08.062, if and during the time such driver is physically incapable of making a report but in such event the driver shall make a report as required in Section 12.08.062 within twenty-four (24) hours after regaining ability to make such a report. SECTION 12.08-065- 12.08.100 RESERVED DIVISION 3 - OFFICIAL TRAFFIC-CONTROL DEVICES Sections: 12.08.101 12.08.102 12.08.103 12.08.104 12.08.105 12.08.106 12.08.107 12.08.108 12.08.109 Authority to install Signs required to give notice for enforcement purposes Obedience by operators of vehicles and trains Installation of traffic signals Authority to remove Hours of operation Painting of curbs prohibited Lane markings Roadway markings to be distinctive 12.08.101 Authority to install. (a) The City Traffic Engineer shall have the power and duty to place and maintain or cause to be placed and maintained official traffic-control devices when and as required to make effective the provisions of this division. Co) Whenever the Vehicle Code of the state requires, for the effectiveness of any provision thereof, that traffic-control devices be installed to give notice to the public of the application of such law, the City Traffic Engineer is hereby authorized to install or cause to be installed the necessary devices, subject to any limitations or restrictions set forth in the law applicable thereto. (c) The City Traffic Engineer may also place and maintain or cause to be placed and maintained such additional traffic-control devices as he may deem necessary or proper to regulate traffic or to guide or warn traffic, but he shall make such determination only upon the basis of traffic engineering principles and traffic investigations and in 2/orals 91-16 7 accordance with such standards, limitations, and rules as may be set forth in this chapter or as may be determined by ordinance or resolution of the City Council. 12.08.102 Signs required to give notice for enforcement purposes. No provision of the Vehicle Code of the state or of this chapter for which signs are required shall be enforced against an alleged violator unless appropriate legible signs are in place giving notice of such provisions of the traffic laws. 12.08.103 Obedience by operators of vehicles. The operator of any vehicle shall obey the instructions of any official traffic-control device placed in accordance with this division unless otherwise directed by a police officer or other authorized person subject to the exceptions granted the operator of an authorized emergency vehicle when responding to emergency calls. 12.08.104 Installation of official traffic signals. (a) The City Traffic Engineer is hereby directed to install and maintain official traffic signals at those intersections and other places where traffic conditions are such as to require that the flow of traffic be alternately interrupted and released in order to prevent or relieve traffic congestion or to protect life or property from exceptional hazard. (b) The City Traffic Engineer shall ascertain and determine the locations where such signals are required by field investigation, traffic counts and other traffic information as may be pertinent and his determinations therefrom shall be made in accordance with those traffic engineering and safety standards and instructions set forth in the "California Maintenance Manual and Planning Manual - Traffic" issued by the division of highways of the state department of public works. (c) Whenever the City Traffic Engineer installs and maintains an official traffic signal at any intersection, he shall likewise erect and maintain at such intersection street name signs clearly visible to traffic approaching from all directions unless such street name signs have previously been placed and are maintained at such intersection. 12.08.105 Authority to remove. The City Traffic Engineer is hereby authorized to remove, relocate or discontinue the operation of any traffic-control device not specifically required by Vehicle Code or this chapter whenever he shall determine in any particular case that the conditions which warranted or required the installation no longer exist or obtain. 12.08.106 Hours of operation. The City Traffic Engineer shall determine the hours and days during which any traffic-control device shall be in operation or be in effect, except in those cases where such hours or days are specified in this chapter. 12.08.107 Painting of curbs prohibited. No person, unless authorized by 2lords 91-16 8 this city, shall paint any street or curb surface; provided, however, that this section shall not apply to the painting of numbers on a curb surface by any person who has complied with the provision of any resolution or ordinance of this city pertaining thereto. 12.08.108 Lane markings. The City Traffic Engineer is hereby authorized to mark center lines and lane lines upon the surface of the roadway to indicate the course to be traveled by vehicles and may place signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the highway. 12.08.109 Roadway markings to be distinctive. The City Traffic Engineer is authorized to place and maintain distinctive roadway markings as described in the Vehicle Code of the state on those streets or parts of streets where the volume of traffic or the vertical or ot her curvature of the road way renders it hazardous to drive on the left side of such marking or signs and markings. Such marking or signs and markings shall have the same effect as similar markings placed by the state department of public works pursuant to provisions of the state Vehicle Code. SECTION 12.08.110 - 12.08.200 RESERVED. DIVISION 4 - STOPPING. STANDING AND PARKING Sections: 12.08.201 12.08.202 12.08.203 12.08.204 12.08.205 12.08.206 12.08.207 12.08.208 12.08.209 12.08.210 12.08.211 Application of regulations More restrictive provisions Standing in parkways prohibited Use of streets for storage of vehicles prohibited Parking for certain purposes prohibited Parking parallel with curb Angle parking Parking adjacent to schools Parking prohibited on narrow streets Standing of merchandise or food vehicles Emergency parking signs 12.08.212 12.08.213 Display of warning devices when commercial vehicle disabled Parking on private property without permission or in an unauthorized manner 2/orda 91-16 9 12.08.214 12.08.215 12.08.216 12.08.217 12.08.218 12.08.219 12.08.220 12.08.221 12.08.222 12.08.223 12.08.224 12.08.225 Locking ignition required Impounding of vehicle illegally parked Parking prohibited or time limited on certain streets. Parking space markings--Installation. Parking space markings--Parking within required. Stricter parking regulations within council established limited-parking zones. Parking and driving on city property. Enforcement of parking and driving regulations applicable on city property. Parking or driving regulations applicable on property of schools and other public agencies. No-parking areas. Installation, design and spacing of signs. Curb markings to indicate no stopping and parking regulations. 12.08.226 12.08.227 12.08.228 12.08.229 12.08.230 12.08.231 12.08.232 12.08.233 12.08.234 12.08.235 Certain commercial vehicles prohibited from parking on private property and public rights-of-way Commercial vehicles exempted from Section 12.08.226 Establishment of Loading Zones. Loading zone-Designation. Passenger loading zone. Effect of permission to load or unload. Standing--For loading or unloading only. Standing--In passenger loading zone. Standing--In any alley. Bus zones. 12.08.201 Application of regulations. The provisions of this division prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times herein specified, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device. 12.08.202 More restrictive provisions. The provisions of this division imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the Vehicle Code or the regulations of this city prohibiting or limiting the standing or parking of vehicles in specified places or at specified times. 2lords 91-16 10 12.08.203 Standing in parkways prohibited. No person shall stop, stand or park a vehicle within any parkway paralleled by curbs or any parkway designated by the City Traffic Engineer as an area for no standing, stopping, or parking and posted accordingly. 12.08.204 Use of streets for storage of vehicles prohibited. (a) No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy-two (72) hours. (b) In the event a vehicle is parked or left standing upon a street in excess of a consecutive period of seventy-two hours any member of the police department authorized by the chief of police may remove the vehicle from the street in the manner and subject to the requirements of the Vehicle Code. 12.08.205 Parking for certain purposes prohibited. No person shall park a vehicle upon any roadway for the principal purpose of: (a) Displaying such vehicle for sale. (b) Washing, waxing, wiping, greasing or repairing such vehicle except repairs necessitated by an emergency. 12.08.206 Parking parallel with curb. (a) Subject to other and more restrictive limitations, a vehicle may be stopped or parked within eighteen inches of the left-hand curb facing in the direction of traffic movement upon any one-way street unless signs are in place prohibiting such stopping or standing. (b) In the event a highway includes two or more separate roadways and traffic is restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon the left-hand side of such .one-way roadway unless signs are in place permitting such standing or parking. (c) The City Traffic Engineer is authorized to determine when standing or parking shall be prohibited upon the left-hand side of any one-way street or when standing or parking may be permitted upon the left-hand side of any one-way roadway of a highway 2/ords 91-16 I 1 having two or more separate roadways and shall establish signs or markings giving notice thereof. (d) The requirement of parallel parking shall not apply in the event any commercial vehicle is actually engaged in the process of loading or unloading freight or goods, in which case that vehicle may be backed up to the curb; provided, that such vehicle does not extend beyond the centerline of the street and does not block traffic thereby. 12.08.207 Angle Parking. (a) The City Traffic Engineer shall recommend upon what streets angle parking shall be permitted and shall mark and sign such streets when appropriately so ordered by the City Council. Such angle parking shall not be permitted on any state highway or upon any other street or roadway that is not at the angle to the curb or edge of the roadway indicated by such signs or markings. 12.08.208 Parking adjacent to schools. (a) The City Traffic Engineer is authorized to erect signs indicating no parking upon any street adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation. 0a) When official signs are erected indicating no parking upon either side of a street adjacent to any school property, no person shall park a vehicle in any such designated place. 12.08.209 Parking prohibited on narrow streets. (a) The City Traffic Engineer is authorized to place signs or markings indicating no parking upon any street when the width of the roadway does not exceed twenty (20) feet, or upon one side of a street as indicated by such signs or markings when the width of the roadway does not exceed thirty .(30) feet. (b) When signs or markings prohibiting parking are erected upon narrow streets as authorized in this section, no person shall park a vehicle upon any such street in violation of any such sign or marking. 12.08.210 Standing of merchandise or food vehicles. No person shall stop, stand or park any vehicles from which merchandise or foodstuffs are displayed, offered for sale or sold, upon any portion of any street within this city except in compliance with all the following: 2lords 91-16 12 (a) Stopping to Sell--Time Limit. Such vehicle shall stand or park only at the request of a bona fide customer or purchaser and for a period of time not exceeding ten (10) minutes at any one place. (b) Weight Limit. Such vehicles at all times shall each have a gross weight of less than eight thousand (8,000) pounds. (c) Length of Vehicle. Such vehicles at all times shall have an overall length not exceeding eighteen feet. (d) Days, Hours of operation. Such vehicles shall not so operate on Sundays or holidays, nor before 9:00 a.m. or after 5:00 p.m. on other days. (e) Position on Street. Such vehicles, during the time they are stopped, standing or parked, shall be at the extreme right of the roadway, entirely off the paved, improved and main traveled portion of the roadway. (f) Purpose of Vehicles. Such vehicles shall be used for display, offering for sale, and sale of merchandise and foodstuffs other than fresh meat, fish, poultry, fruits and vegetables. (g) Noise emanating from such devices shall not exceed a duration of four (4) seconds nor an intensity of seventy (70) decibels. Record players or other continuous noise-making devices are prohibited. 12.08.211 Emergency parking signs. (a) Whenever the City Traffic Engineer, chief of police or their designated representatives determine that an emergency traffic congestion is likely to result from the holding of public or private assemblages, gatherings or functions, or for other reasons, the City Traffic Engineer, chief of police or their designated representatives, shall have power and authority to order temporary signs to be erected or posted, indicating that the operation, parking or standing of vehicles is prohibited on such streets and alleys as the City Traffic Engineer, chief of police or their designated representatives shall direct during the time such temporary signs are in place. Such signs shall remain in place only during the existence of such emergency, and the person causing their placement shall cause such signs to be removed promptly thereafter. Co) When signs authorized by the provisions of this section are in place giving notice thereof, no person shall operate, park or stand any vehicle contrary to the directions and provisions of such signs. 12.08.212 Display of warning devices when commercial vehicle disabled. 2/orda 91-16 13 (a) Every motor truck having an unladen weight of ten thousand (10,000) pounds or more, and every truck tractor irrespective of weight when operated upon any street or highway during the time specified in Section 280 of the Vehicle Code shall be equipped with and carry at least two flares or two red lanterns, or two warning lights or reflectors, which reflectors shall be of a type approved by the Department of California Highway Patrol. CO) When any vehicle mentioned in subsection (a) of this section or any trailer or semi-trailer is disabled upon streets or highways outside of any business or resi- dence district within this city and upon which street or highway there is insufficient street lighting to reveal a vehicle at a distance of two hundred (200) feet during any time mentioned in Section 280 of the Vehicle Code, a warning signal of the character indicated in subsection (a) of this section shall be immediately placed at a distance of approximately one hundred (100) feet in advance of, and one hundred (100) feet to the rear of, such disabled vehicle by the driver thereof. The continuous flashing of at least four approved-type Class A-Type 1 turn signal lamps, at least two toward the front end and at least two toward the rear of the vehicle, shall be considered to meet the requirements of this section until the devices mentioned in this section can be placed in the required locations. The warning signals mentioned in this section shall be displayed continuously during the time mentioned in Section 280 of the Vehicle Code, while such vehicles remain disabled upon such street or highway. 12.08.213 unauthorized manner. Parking on private property without permission or in an (a) No person shall stop, park or leave standing any vehicle on private property or business premises without the express or implied consent of the owner, authorized agent of the owner, person in lawful possession of such premises or property, or other person in charge thereof. CO) No person shall stop, park or leave standing any vehicle on private property or business premises at a time, or at a place thereon, or for a period of time, or in any manner otherwise, which is unauthorized by the owner, authorized agent of the owner, person in lawful possession of such premises or property, or other person in charge thereof. (c) The following acts of stopping, parking or leaving standing a vehicle shall be included within those which shall be deemed a violation of subsections (a) or Co) of this section, whichever is applicable, but other acts not mentioned may also violate either subsection. (The use of the term "parking" in the following examples shall be deemed also to include collective acts of "stopping" and "leaving standing"): (1) Parking on any vacant lot or unimproved property unless affirmatively so permitted by posted signs or by the authorized person in charge; 2lords 91-16 14 (2) Parking off-street on any improved private property not held open to use by the general public, unless such parking is by invitation of the occupant(s) or for bona fide business purposes upon the property; (3) Parking on any off-street parking area or lot or facility of an apartment building, hotel or business enterprise which is indicated by any sign(s) or other markings to be reserved exclusively for use by tenants, residents or employees or others not including the person so parking; (4) Parking on the off-street parking area or lot or facility of an individual parking stall or any area which is indicated by a sign or other markings to be reserved for the exclusive use of a person or persons other than the person so parking; (5) Parking in a shopping center or business parking area or facility for a purpose other than doing business with one or more of the stores or offices at the site, or for a purpose not related to such business operation, or remaining parked for longer than reasonably appropriate to do such business or acts related to such business operations; (6) Utilizing a space or stall which is indicated by sign(s) or other marking(s) to be reserved for use in connection with a particular store, office or business, and parking in the same for a purpose other than that for which it is so reserved; (7) Parking in any stall or space which is indicated by sign(s), blue-painted curbing or other marking(s), to be designated for the exclusive use by physically handicapped persons, of a vehicle not displaying one of the distinguishing license plates or placards issued pursuant to Vehicle Code Section 22511.5 or Section 9105. (8) Parking at any spot where such parking is prohibited, as indicated by sign(s), markings, striping, lettering on pavement, red-painted curbing or by any other means, including (but not limited to) areas and locations within areas reserved for or designated as traffic lanes for movement of vehicles or pedestrians, clear areas at or near building entrances or exits, fire lanes, sidewalks or pedestrian or bicycle lanes, clear areas at or near ramps or other facilities used by or intended for use of handicapped persons, unimproved areas, dangerous areas, areas to be utilized by larger vehicles such as trucks, buses, emergency vehicles or other service vehicles, or areas designated for any other business or special use; (9) Except when necessary to avoid conflict with other traffic or by reasons of vehicle disablement or bona fide emergency, parking, standing or waiting at a location within a traffic lane or otherwise, which substantially interferes with the normal movement of vehicular or pedestrian traffic at such location. (10) Parking in violation of the restrictions stated on any other sign or marking(s) not mentioned in the foregoing divisions of this subsection, which has or have 2lords 91-16 15 been placed on private property or business premises by the owner, authorized agent of the owner, person in lawful possession of such premises or property, or other person in charge thereof; (11) Failure or refusal to remove or move a parked or standing or stopped vehicle from private property or business premises, in compliance with a direction to do so by the owner, person in lawful possession of such premises or property, or other person in charge thereof; or violation of a direction by such person not to park, stop or stand a vehicle upon, or at a particular location upon, such premises or property; provided, that this section shall not apply to an act or failure or refusal to leave property or to noncompliance with a direction to keep off such property, in any of those instances listed in this Section; or (12) Parking on a priva: ~treet in violation of a prohibition or restriction stated on any sign or marking(s) or notification giving notice thereof, placed or given by or pursuant to authority of the association or person or other entity owning or in charge of such private street. (d) Nothing in this section affects or limits the rights or remedies any person may have pursuant to any other provision of law, such as Section 22658 of the Vehicle Code, to remove or cause the removal of a vehicle parking upon private property. (e) It shall be the policy of the City Council to encourage the posting of signs on shopping center parking facilities similar to the signs mentioned in Section 21107.8 of the Vehicle Code, to give notice to the public that the parking regulations applicable on the private parking facility are subject to official enforcement by citations and fines and otherwise. This does not, however authorize signs posted in nonconformance with the city's sign control ordinance or other applicable regulations; and the posting of such signs shall not be deemed a requirement or condition precedent to enforcement of this section. (f) Sections 41102 et seq. of the Vehicle Code are referred to and incorporated in this section by this reference and shall be applicable in connection with any prosecution for violation of this section, in the same manner and to the same extent as said sections are applicable to prosecutions for parking violations occurring on the public streets. 12.08.214 Locking ignition required. No person shall park and leave a vehicle on a public street, alley or public parking facility unless the ignition has been locked; provided, however, that if the driver or passenger remains inside the vehicle after and while it is parked, or if the vehicle is in the custody of an attendant, the ignition need not be locked. 12.08.215 Impounding of vehicle illegally parked. Whenever a vehicle is illegally parked on a street or highway in violation of any provision of this division or of this chapter, or of this code, any regularly employed and salaried police officer of the city or 2/orda 91-16 16 deputy of the sheriff's office of Riverside County, or member of the California Highway Patrol, may cause such vehicle to be impounded, driven or towed away and stored, so long as signs are posted giving notice of the removal. Any reasonable costs resulting from such impounding, towing or storage shall be charged to the owner of the vehicle and to the driver who committed the parking violation. 12.08.216 Parking prohibited or time limited on certain streets. When authorized signs are in place giving notice thereof, specifying certain parking prohibitions or time limits, the prohibitions or time limits to be established by the City Council by resolution, or by the City Traffic Engineer pursuant to authority vested in him by this chapter, or by the Vehicle Code, no person shall stop, stand, park or leave standing any vehicle in violation of any such prohibition or time limit so specified on the signs. 12.08.217 Parking space markings--Installation. The City Traffic Engineer is authorized to install and maintain parking space markings to indicate parking spaces adjacent to curbing where authorized parking is permitted. 12.08.218 Parking space markings--Parking within required. Each vehicle placed in any parking space shall be parked within the lines and markings so established by the City Traffic Engineer, and no person shall park or leave standing any vehicle so that it extends across any such line or markings, or is in such position that is not entirely within the space designated by such lines or markings. 12.08.219 Stricter parking regulations within council established limited-parking zones. Pursuant to authority vested in him by other provisions of this division or by the Vehicle Code, the City Traffic Engineer is authorized to prescribe shorter time limits than those specified by resolution of the City Council, or to prescribe parking prohibitions, within a particular limited-parking zone so specified by the City Council; provided, that the stricter parking limitations or prohibitions are properly indicated by appropriate signs or markings in accordance with this division or other provisions of law. 12.08.220 Parking and driving on City Property. (a) The City Manager shall from time to time examine and survey all city-owned parking lots, parking areas and other properties, and all property under the city's direct control, with respect to vehicle driving and parking uses, and the need for regulations applicable thereto, in order to assure proper and appropriate use of such public properties and to prevent interferences with the orderly and efficient conduct of the city's business. (b) Based thereon, the City Manager shall promulgate such conditions, rules and regulations governing driving, stopping, parking or leaving standing of vehicles on the particular properties involved, as shall in his judgment, be necessary and appropriate to advance the public purposes mentioned in subsection (a) of this section. 2/orda 91-16 17 (c) A written statement or other graphic depiction of such special conditions, rules and regulations shall, upon promulgation, be filed in the office of the City Clerk, and the City Council shall be promptly notified of such filing. Any council member may then cause the matter to be submitted, in whole or in part, for a formal review by the City Council. If no council member takes such action within thirty days from the date the matter was filed with the City Clerk, then the special conditions, rules and regulations shall be deemed adopted and imposed by the City Council within the meaning of Vehicle Code Section 21113. 12.08.221 city Property. Enforcement of parking and driving regulations applicable on (a) Pursuant to Vehicle Code Section 21113, a written statement or other graphic depiction of all special conditions, rules and regulations adopted per Section 12.08.220 shall, at all times while the same remain effective be kept on file and available at the office of the City Clerk, for examination by all interested persons. (b) The City Manager shall erect, place and maintain appropriate signs and markings at each city-owned or city-controlled parking lot, parking .area and other property, giving notice of all special conditions, rules and regulations applicable thereto, adopted per Section 12.08.220 and imposed under Vehicle Code Section 21113. 12.08.222 Parking or driving regulations applicable on property of schools and other public agencies. Conditions and regulations concerning parking or driving on property and grounds of schools or other public agencies are imposed by the appropriate governing boards or officers and are enforced pursuant to and under the conditions of Vehicle Code Section 21113. 12.08.223 No-parking areas. The City Traffic Engineer is authorized to maintain, by appropriate signs, markings or by paint upon the curb surface, certain no-stopping zones, no-parking areas, and restricted-parking areas, as defined and described in this section. No person shall stop, stand, park or leave standing any vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or other authorized officer or traffic sign or signal; (a) Within any divisional island unless authorized and clearly indicated with appropriate sign or signal; Co) On either side of any street between the projected property lines of any public walk, public steps, street or thoroughfare terminating at such street, when such area is indicated by appropriate signs or red paint upon the curb surface; (c) In any area where the City Traffic Engineer determines that the 2/ords 91-16 18 parking or stopping of a vehicle would constitute a traffic hazard or would endanger life or property, when such area is indicated by appropriate signs or by red paint upon any curb surface; (d) In any area established by resolution of the City Council as a no-parking area, when such area is indicated by appropriate signs or by red paint upon the curb surface; (e) In any area where the parking or stopping of any vehicle would constitute a traffic hazard or would endanger life or property; (f) On any street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would pro- hibit or interfere with such use or movement; provided, that signs giving notice of such no- parking are erected or placed at least twenty-four (24) hours prior to the effective time of such no-parking. (g) At any place within twenty (20) feet of a point on the curb immediately opposite the midblock end of a safety zone, when such place is indicated by appropriate signs or by red paint upon the curb surface; (h) At any place within twenty (20) feet of a crosswalk at an intersection when such place is indicated by appropriate signs or by red paint upon the curb surface except that a bus may stop at a designated bus stop; (i) In any area of approach to any traffic signal, left-turn lane, boulevard stop sign or official electric flashing device when such area is determined by the City Traffic Engineer to be valuable in the interest of promoting traffic safety or convenience, and the area is indicated by appropriate signs or by red paint upon the curb surface that a bus may stop at a designated bus stop. 12.08.224 Installation. design and spacing of signs. The City Traffic Engineer is authorized and directed to cause signs regulating or prohibiting parking to be installed in the zones now or hereafter provided by resolution of the City Council at such places as the City Traffic Engineer is authorized to regulate parking, standing or stopping pursuant to other provisions of this Chapter or of law. Signs giving notice of a parking time limitations shall be approximately 12 inches by 12 inches by 18 inches in size, with green lines on a white background specifying the particular parking time limitation applicable. Such signs shall be spaced at a maximum interval of 200 feet, and 2lords 91-16 19 provided that there shall be a minimum of 4 signs in one block on each side of the street. 12.08.225 Curb markings to indicate no stopping and parking regulations. (a) The City Traffic Engineer is authorized, subject to the provisions and limitations of this rifle, to place, and when required in this rifle shall place, the following curb markings to indicate parking or standing regulations, and the curb markings shall have the meanings as set forth in this section: (1) Red means no stopping or parking at any time except as permitted by the Vehicle Code, and except that a bus may stop in a red zone marked or signed as a bus zone. (2) Yellow means no stopping, standing or parking at any time between 7:00 a.m. and 6:00 p.m. of any day for any purpose other than loading or unloading of passengers shall not consume more than three minutes, nor the loading or unloading of materials more than twenty (20) minutes. (3) White means no stopping, standing or parking for any purpose other than loading or unloading of passengers, or for the purpose of depositing mall in an adjacent mailbox, which shall not exceed three minutes and such restrictions shall apply between 7:00 a.m. and 6:00 p.m. of any day and except as follows: (i) When such zone is in front of a hotel or in front of a mailbox the restrictions shall apply at all times. (ii) When such zone is in front of a theater or restaurant the restrictions shall apply at all times except when such theater or restaurant is closed. (iii) Taxicabs shall comply with this subdivision unless authorized to maintain a taxicab stand adjacent to the white curb marking, and provided the area for the taxicab stand is sign-posted at either end indicating "TAXICAB ZONE ONLY." (4) Green means no standing or parking for longer than twenty minutes at any time between 9:00 a.m. and 6:00 p.m. of any day. (5) Blue means parking limited exclusively to the vehicles of physically handicapped persons. 2/ords 91-16 20 (b) When the City Traffic Engineer, as authorized under this rifle, has caused curb markings to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible curb marking in violation of any of the parking, standing or stopping regulations so indicated. 12.08.226 Certain commercial vehicles Prohibited from parking on private property and public rights-of-way. Unless exempted pursuant to Section 12.08.227 no commercial or construction vehicle, or towed commercial or construction equipment, shall be parked on private property or on public rights-of-way unless the vehicle or equipment is screened from public view and adjacent properties. The term ~commercial or construction vehicle and/or equipment" includes, but is not necessarily limited to, utility body trucks, farming and construction tractors, construction vehicles and towed equipment, semi-truck tractors, semi-truck trailers, dump trucks, step van delivery trucks or any parts or apparatus of any of the above. 12.08.227 Commercial vehicles exempted from Section 12.08.226. The following commercial and construction vehicles are exempted from the prohibition contained in Section 12.08.226: (a) Pickup trucks, utility vans and similar utility vehicles, each of which do not exceed eight feet in height or twenty feet in combined total length; (b) All vehicles while being used in actual construction work on a permit-approved construction site; (c) All vehicles in the process of making a pickup or delivery; and (d) Governmental and utility emergency service vehicles. (e) Vehicles parked on streets directly adjacent to a hotel, motel, or other such establishment when displaying a parking permit issued by the establishment as authorized by the Police Department. 12.08.228 Establishment of loading zones. The City Traffic Engineer is authorized to determine and to make loading zones and passenger loading zones as follows: (a) At any place in any business district; (b) Elsewhere in front of the entrance to any place of business or in front of any hall or place used for the purpose of public assembly. 12.08.229 Loading zone-Designation. Loading zones shall be indicated by yellow paint upon the top and face of the curb, with black letters "LOADING ONLY" 2/orda 91-16 21 stenciled or otherwise painted on the top of the curb. 12.08.230 Passenger loading zone. Passenger loading zones shall be indicated by white paint upon the top and face of the curb, with black letters "PASSENGER LOADING ONLY" stenciled or otherwise painted on the top of the curb. 12.08.231 Effect of permission to load or unload. (a) Permission granted in Section 12.08.225 to stop or stand a vehicle for purpose of loading or unloading of materials shall apply only to commercial vehicles and shall not extend beyond the time necessary therefor, and in no event for more than twenty (20) minutes. Co) The loading or unloading of materials shall apply only to commercial deliveries, also the delivery or pickup of express and parcel post packages and United States mail. (c) Permission granted in Section 12.08.225 to stop or park for purposes of loading or unloading passengers shall include the loading or unloading of personal baggage but shall not extend beyond the time necessary therefor and in no event for more than three (3) minutes. (d) Within the total time limits specified in this section the provisions of this section shall be enforced so as to accommodate necessary and reasonable loading and unloading but without permitting abuse of the privileges granted by this chapter. 12.08.232 Standing--For loading or unloading only. No person shall stop, stand or park a vehicle in any yellow loading zone for any purpose other than loading or unloading passengers or material, for such time as is permitted in Section 12.08.231. 12.08.233 Standing--In passenger loading zone. No person shall stop, stand or park a vehicle in any passenger loading zone for any purpose other than the loading or unloading of passengers for such time as is specified in Section 12.08.231. 12.08.234 Standing--In any alley. No person shall stop, stand,p4 or park a vehicle for any purpose other than the loading or unloading of persons or materials in any alley. 12.08.235 Bus zones. The City Traffic Engineer is authorized to establish bus zones opposite curb space for the loading and unloading of buses or common carriers of passengers and to determine the location thereof subject to the directives and limitations set forth in this section: 2/ords 91-16 22 (a) "Bus" as used in this section means any motor bus, motor coach, trackless trolley coach or passenger stage used as a common carrier of passengers. zone. zone. Co) No bus zone shall be established opposite and to the right of a safety (c) No person shall stop, stand or park any vehicle except a bus in a bus SECTION 12.08.236- 12.08.300 RESERVED DIVISION 5 - STOP INTERSECTIONS 12.08.301 Erection of stop signs 12.08.301 Erection of stop signs. Whenever any resolution of this city designates and describes any street or portion thereof as a through street, or any intersection at which vehicles are required to stop at one or more entrances thereto. The City Traffic Engineer shall erect and maintain stop signs as follows: A stop sign shall be erected on each and every street intersecting such through street or portion thereof so designated and at those entrances or other intersections where a stop is required. Every such sign shall conform with and shall be placed as provided in Section 21355 of the Vehicle Code. SECTION 12.08.301-12.08.350 RESERVED DIVISION 6 - YIELD RIGHT-OF-WAY SIGNS 12.08.351 Placement. The City Traffic Engineer is authorized to determine those intersections at which drivers of vehicles shall yield the right-of-way to opposing traffic. The City Traffic Engineer shall place and maintain "YIELD RIGHT-OF-WAY" signs at the entrance of streets previously determined by him, and the signs shall comply with the specifications of the Vehicle Code of the state. SECTION 12.08.352 - 12.08.380 RESERVED 2/orda 91-16 23 DIVISION 7 - ONE-WAY STREETS AND ALLEYS 12.08.381 Signs. Whenever any resolution of this city designates any one-way street or alley, the City Traffic Engineer shall place and maintain signs giving notice thereof, and no such regulations shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited. SECTION 12.08.382 - 12.08.400 RESERVED DIVISION 8 - RESTRICTED USE OF CERTAIN STREETS 12.08.401 12.08.402 12.08.403 12.08.404 12.08.405 Truck routes--Establishment Truck routes--Designation. Truck routes--Use required--Exceptions. Truck routes--Exemptions. Commercial vehicles prohibited from using certain streets. 12.08.401 Truck routes--Establishment. The following streets and portions of streets are designated and established as truck routes: (a) Rancho California Road from the Westerly City Limit east to the Easterly City Limits. (b) Winchester Road (Route 79 North) from Jefferson Avenue to the Northerly City Limits. (c) Jefferson Avenue from Cherry Street south to Via Montezuma. (d) Front Street from Via Montezuma south to Rancho California Road. (e) California Road. Ynez Road from Winchester Road (Route 79 North) south to Rancho (f) Route 79 South from Interstate 15 east to the Easterly City Limits. 12.08.402 Truck mutes--Designation. Whenever any ordinance of this city designates and describes any street or portion thereof as a street the use of which is permitted by any vehicle exceeding a maximum gross weight limit three tons, the City Traffic Engineer is authorized to designate such street or streets by appropriate signs as "TRUCK TRAFFIC 2/orda 9 l-16 24 ROUTES" for the movement of vehicles exceeding a maximum gross weight limit of three tons. 12.08.403 Truck routes--Use required--Exceptions. When any such track traffic route or routes are established and designated by appropriate signs, the operator of any vehicle exceeding a maximum gross weight limit of three tons shall drive on such route or routes and none other, except that nothing in this section shall prohibit the operator of any vehicle exceeding a maximum gross weight of three tons coming from a "TRUCK TRAFFIC ROUTE" having ingress and egress by direct route to and from restricted streets when necessary for the purpose of making pickrups or deliveries of goods, wares or merchandise from or to any building or structure located on such restricted streets or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure upon such restricted streets for which a building permit has previously been obtained therefore. 12.08.404 Truck routes--Exemptions. The provisions of Sections 12.08.401 and 12.08.402 shall not apply to: (a) Commission; or Passenger buses under the jurisdiction of the Public Utilities (b) Any vehicle owned by a public utility while necessarily in use in the construction, installation or repair of any public utility; or (c) Any vehicle delivering street construction materials for street construction or repairs. 12.08.405 Commercial vehicles prohibited from using certain streets. Whenever any ordinance of this city designates and describes any street or portion thereof as a street the use of which is prohibited by any commercial vehicle, the City Traffic Engineer shall erect and maintain appropriate signs on those streets affected by such ordinance. SECTION 12.08.406- 12.08.450 RESERVED Sections: 12.08.451 12.08.452 12.08.453 12.08.454 DIVISION 9 - DRIVING RULES Driving through funeral processions. Controlled intersections. Clinging to moving vehicles. Driving vehicles on sidewalks--Generally prohibited. 2/ords 91-16 25 12.08.455 12.08.456 12.08.457 12.08.458 12.08.459 Bicycles on sidewalks--When allowed. New pavement. Driving on rims of wheels. Restricted access. Excessive acceleration. 12.08.451 Driving through funeral processions. No driver of a vehicle shall drive between vehicles comprising a funeral procession while they are in motion and when the vehicles in such procession are conspicuously so designated. 12.08.452 Controlled intersection. Section 12.08.451 shall not apply at intersections where traffic is controlled by official traffic signals or police officers. 12.08.453 Clinging to moving, vehicles. No person riding upon any bicycle, motorcycle, coaster, roller skates, skateboard or any toy vehicle shall attach the same or himself/herself on any moving vehicle upon any road-way. 12.08.454 Driving vehicles on sidewalks--Generally Prohibited. Unless otherwise expressly allowed by another provision of this title or other applicable law, no person shall drive a vehicle (including any bicycle or unicycle) within any sidewalk area or parkway except at a permanent or temporary driveway. 12.08.455 Bicycles on sidewalks--When allowed. (a) Notwithstanding the provisions of Section 12.08.454 bicycles and unicycles may be ridden along portions or segments of sidewalks wherever expressly permitted by resolution of the City Council, but not until such sidewalk areas have been appropriately designated by the city engineer with signs or markings to give due notice to the pedestrian and cycling public. 12.08.456 New pavement. No person shall ride or drive any animal or any vehicle over or across any newly made pavement or freshly painted marking in any street when a barrier or sign is in place warning persons not to drive over or across such pavement or marking, or when a sign is in place stating that the street or any portion there of is closed. 12.08.457 Driving on rims of wheels. No person shall drive, operate tow or otherwise move any motor vehicle, equipped with rims to accommodate rubber tires, over or across any street in this city with tires removed or deflated so that the metal flanges or rims are in contact with the pavement, except to the nearest edge of the pavement from the point any such condition occurs through accident. 12.08.458 Restricted access. No person shall drive a vehicle onto or from any limited access roadway except at such entrances and exits as are established by public authority. 2/orda 91-16 26 12.08.459 Excessive acceleration. No person shall operate a vehicle on a street or alley in such a manner as to facilitate its speed by means of leaving rear-wheel frictional rubber marks, mused by rapid acceleration. SECTION 12.08.460- 12.08.500 RESERVED DIVISION 10 - PEDESTRIANS Sections: 12.08.501 Crosswalks--Establishment--Signs. 12.08.501 Crosswalks--Establishment--Signs. (a) The City Traffic Engineer is authorized to establish and maintain crosswalks and to designate them by appropriate devices or painted signs upon the surface of the roadway. fo) The City Traffic Engineer may place signs at or adjacent to an intersection in respect to any crosswalk directing that pedestrians shall not cross except in the crosswalk so indicated. SECTION 12.08.502- 12.08.600 RESERVED. DIVISION 11 - VIOLATION OF CHAPTER - PENALTY Sections: 12.08.601 Violation of Chapter - Penalty. 12.08.601 Violation of Chapter - Penalty. Any person violating any provision of this chapter shall be guilty of an infraction, and upon conviction thereof shall be punished by a fine of not more than two hundred ($200.00) dollars. Section 3. SEVERABILITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 4. The City Clerk shall certify to the adoption of this Ordinance and shall 2/oral8 91-16 27 cause the same to be posted as required by law. Section 5 EFFECTIVE DATE This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. PASSED, APPROVED AND ADOPTED this day of ,1991. ATTEST: Ronald J. Parks, Mayor June S. Greek, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) S$. I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 91-16 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 23rd day of April, 1991, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 14th day of May, 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 2lords 91-16 28 ITEM NO. 22 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department May 14, 1991 Revised Vesting Tentative Tract Map No. 23267 PREPARED BY: RECOMMENDATION: Richard Ayala 1. ADOPT the Addendum to EIR No. 281 for Revised Vesting Tentative Tract Map No. 23267; and 2. ADOPT Resolution No. 91- approving Revised Vesting Tentative Tract Map No. 23267. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: Presley of San Diego Crosby Mead Benton & Associates Revised Vesting Tentative Tract Map No. 23267 proposes to subdivide 189 acres of land into 601 residential lots with approximately 57 acres of open space. This project is being processed concurrently with Change of Zone No. 5. South side of Highway 79 between Pala Road and Margarita Road. R-R ( Rural Residential) A:VTM23267-A 1 SURROUNDING ZONING: EXISTING LAND USE: PROJECT STATISTICS: North: R-A-5 ( ResidentialAgricultural, 5 Acre Minimum) South: A-1-10 (Light Agricultural, 10 Acre Minimum) East: SP (Specific Plan 217, Red Hawk ) West: R-R ( Rural Residential) Vacant/Graded Land Single Family Total Lots: 601 Total Acres: 189 Min. Lot Size: 4,500 sq.ft. Density: 3.19 DU/AC BACKGROUND: On April 1, 1991, Revised Vesting Tentative Tract Map No. 23267 was presented before the City of Temecula Planning Commission and was approved by a 5-0 vote based on the analysis and findings contained in the Staff Report and subject to the attached Conditions of Approval, with modifications to Condition No. 20(e) and No. 61(B)(2) relating to wall plans and the design for the Pala Road Bridge. In addition, the Planning Commission recommended that the City not accept any of the proposed parks within the project because they are sub-standard. However, the Planning Commission recommended that the City may want to consider accepting park "A" for future consideration to be incorporated in a City Park System. Revised Vesting Tentative Tract Map No. 23267 is concurrently being processed with Change of Zone No. 5 and Vesting Tentative Tract Map No. 26861 (a 145 unit detached condominium development). However, Vesting Tentative Tract Map No. 26861 is currently being reviewed by Planning Staff and has not yet received an action from the Planning Commission. Therefore, only Revised Vesting Tentative Tract Map No. 23267 and Change of Zone No. 5 are forwarded at this time for City Council action. A:VTM23267-A 2 STAFF RECOMMENDATION: Planning Department Staff Recommends that the City Council: ADOPT the Addendum to EIR No. 281 for Revised Vesting Tentative Tract Map no. 23267; and ADOPT Resolution No. 91- approving Revised Vesting Tentative Tract Map No. 23267. RA:ks Attachments: 2. 3. 4. Resolution Conditions of Approval Addendum to EIR No. 281 Planning Commission Staff Report dated April 1, 1991 Development Fee Checklist Planning Commission Minutes dated April 1, 1991 A:VTM23267-A 3 Notice of Public Hearin~ THE CITY OF TEMECULA 43172 Business Park Drive Temecula, California 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: Revised Vesting Tentative Tract Map No. 23267 Presley of San Diego South side of Highway 79 between Pala Road and Margarita Road Subdivide 189 acres of Land into 601 Residential Lots with Approximately 57.8 Acres of Open Space Adopt Addendum to EIR No. 281 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 correspondence delivered to the City Council at, or prior to, the public hearing(s). The proposed project application(s) may be viewed at the public information counter, Temecula City Hall, 43180 Business Park Drive, Monday through Friday from 9:00 AM until 4:00 PM. Questions concerning the project(s) may be addressed to Richard Ayala, City of Temecula Planning Department (714) 6946400. PLACE OF HEARING Temporary Temecula Community Center 27475 Commerce Center Drive Temecula. California 92390 DATE OF HEARING TIME OF HEARING Tuesday. May 14. 1991 7:00 PM ATTACHMENT I RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP NO. 23267 TO SUBDIVIDE A 189 ACRE PARCEL INTO 601 SINGLE FAMILY RESIDENTIAL LOTS AND 5 OPEN SPACE LOTS LOCATED ALONG THE SOUTH SIDE OF HIGHWAY 79 BETWEEN PALA AND MARGARITA ROADS AND KNOWN AS ASSESSOR'S PARCEL NO. 926-016-002, 003, 012, 017, AND 025. WHEREAS, Presley of San Diego filed Revised Vesting Tentative Tract Map No. 23267 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Revised Vesting Tentative Tract Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Revised Vesting Tentative Tract Map on April 1, 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 Revised Vesting Tentative Tract Map; WHEREAS, the City Council conducted a public hearing pertaining to said Revised Vesting Tentative Tract Map on May 14, 1991, at which time interested persons had opportunity to testify either in support or opposition to said Revised Vesting Tentative Tract Map; and WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding the Revised Vesting Tentative Tract Map; 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:-- 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: A:VTM23267-A I-1 (11 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 proposed Revised Vesting Tentative Tract 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 City Council 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 Revised Vesting Tentative Tract Map No. 23267 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. A:VTM23267-A I-2 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. 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. 460, no subdivision may be approved unless the following findings are made: 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 is 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 A:VTM23267-A I-3 easements established by judgment of a court of competent jurisdiction. (2) The City Council in approving the proposed Revised Vesting Tentative Tract Map, makes the following findings, to wit: a) The proposed density is consistent with the Southwest Area Plan land use designation. The proposed density of 3.19 units per acre is within the range of the SWAP designation of 2-5 units per acre. b) The proposed revised vesting tentative tract map is compatible with surrounding zoning, existing land uses in the vicinity, and approved projects. The proposed R-4 and R- 3 portions of the project adjacent to Highway 79 consist of higher densities and abuts future office commercial SWAP designation land uses. The lots situated south of the Temecula Creek are substantially larger than 4,500 square feet and abut specific plan areas such as Red Hawk, Vail Ranch and Murdy Ranch, which in term are similar in density and design. c) The lot design and internal street layout are acceptable to the City Planning and Engineering Departments. All lots conform to the standards of their respective zones, and proposed street alignments are adequate to accommodate projected traffic volumes. d) Adequate public street access will be provided to every lot. The legal owner of record has offered to make all required dedications. e) Staff finds that site access will be adequate. Assessment District 159 will provide for street improvements on Pala Road and Highway 79, and four (41 access points to the site are shown on the map. f) There is a reasonable probability that the project will be consistent with the City's General Plan once adopted, in that the proposed density is consistent with the Southwest Area Plan land use designation, A:VTM232672A I-4 g) h) j) k) I) m) and the revised map is compatible with surrounding zoning, existing land uses in the vicinity. and approved subdivisions. It is unlikely that the proposed revised tentative map will constitute a substantial detriment to the future General Plan if the proposed subdivision is ultimately inconsistent with the plan, Surrounding zoning, existing land uses, and approved subdivisions are all residential. The project will not have a significant adverse affect on the environment. The County of Riverside Board of Supervisors certified EIR No. 281 in conjunction with the approval of Vesting Tentative Tract Map Nos, 23267, Vesting Tentative Tract Map No, 23299 and Change of Zone No, 5150. Revised Vesting Tentative Tract Map No, 23267 will not result in any new or substantially increased environmental impacts. The proposed project makes adequate provision for future passive or natural solar heating opportunities in that all proposed parcels have adequate southern exposure, The project meets the requirements of Ordinance 348 and 460 in that all lots conform to the minimum size and dimension requirements of the zoning code and abut upon dedicated street. The proposed project includes adequate dedication for public parks in that it provides for 10,2 acres of public parks and 10,7 acre preserve for native vegetation, The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health. safety. and welfare, These findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. A:VTM23267-A I-5 E. As conditioned pursuant to SECTION 3, the Revised Vesting Tentative Tract Map proposed is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. The County of Riverside Board of Supervisors certified EIR No. 281 in conjunction with the approval of Vesting Tentative Tract Map no. 23267. Revised Vesting Tentative Tract Map No. 23267 will not result in any new or substantially increased environmental impacts. An addendum to EI R No. 281 is hereby recommended for adoption. SECTION 3. Conditions. That the City of Temecula City Council hereby approves Revised Vesting Tentative Parcel Map No. 23267 for the subdivision of a 189 acre parcel into 601 single family residential lots and 5 open space lots located along the south side of Highway 79 between Pala and Margarita Roads and known as Assessor's Parcel No. 926-016-002, 003, 012, 017 and 025 subject to the following conditions: A. Exhibit II, attached hereto. SECTION 4_~. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 14th day of May, 1991. RONALD J PARKS MAYOR 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 14th day of May, 1991 by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS JUNE S. GREEK CITY CLERK A:VTM23267-A I-6 ATTACHMENT II CITY OF TEMECULA CONDITIONS OF APPROVAL Revised Vesting Tentative Tract Map No. 23267 Project Description: Revision to VTM 23267 to allow for 2 additional lots and 7 open space lots to be maintained by TCSD Assessor's Parcel No.: 926-160-2, 3, 12 and 17 and a portion of 926-160-011 Planninq Department The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule A, 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. Any delinquent property taxes shall be paid prior to recordation of the final map. e Legal access as required by Ordinance 460 shall be provided from the tract map boundary to a City maintained road. 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. 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. Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. A maintenance district shall be established for maintenance of Lots ~ Open Space, the developer/applicant shall pay for all costs relating to establishment of the district. A:\VTM23267 I1-1 o 10. 11. 12. 13. 14. 15. 16. Delete Riverside County Condition No. 181dl. Prior to the recordation of the final map, Change of Zone No. 5 shall be approved by the City Council and shall be effective. Lots created by this land division shall be in conformance with the development standards of the zone ultimately applied to the property. Prior to recordation of the final map, the project site shall be annexed into the Temecula Community Service Distict I TCSDI. A copy of the final grading plan shall be submitted to the Planning Department for review and approval, All on-site cut and fill slopes shall: Be limited to a maximum slope ratio of 2 to 1 and a maximum vertical height of thirty {30) feet. Setbacks from top and bottom of slopes shall be a minimum of one-half the slope height. b. Be contour-graded to blend with existing natural contours. c. Be a part of the downhill lot when within or between individual lots. All slopes over three (3) feet in height shall be landscaped and irrigated according to the City Development Code, A detailed landscaping and irrigation plan. prepared by a qualified professional, shall be submitted to the City Planning Department for review and approval prior to issuance of grading permits, The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated January 29. 1991, 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. The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District transmittal dated March 8. 1991, a copy of which is attached, Lots created by this subdivision shall comply with the following: ae Lots created by this subdivision shall be in conformance with the development standards of the R-4 (Planned Residential) zone. be 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. A: \VTM23267 1 I-2 17. 18. 19. 20. 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 (ECSI 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 Sheet: "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 outdoor lighting policy. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: (1) Prior to the issuance of grading permits detailed common open space area landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following: ae Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation, Landscape screening where required shall be designed to be opaque up to a minimum height of six (6) feet at maturity. Ce All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Director. Utilities shall be placed underground. de Parkways shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth betming, ground cover, shrubs and specimen trees. Front yards shall be landscaped and street trees planted. eo Wall plans shall be submitted for the project perimeter and along Highway 79 and Lime Street, Wooden fencing shall not be allowed on the perimeter of the project. All lots with slopes leading down from the lot shall be provided with gates ~n the wall for maintenance access where required by the Planninq Director. (Amended per Planning Commission April 1. 1991,) A: \VTM23267 I I-3 he Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. Where street trees cannot be planted within right-of-way of interior streets and project parkways due to insufficient road right-of-way, they shall be planted outside of the road right-of- way. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. 3. Preliminary pad and roadway elevations. 4. Areas of temporary grading outside of a particular phase· All cut slopes located adjacent to ungraded natural terrain and exceeding ten (10) feet in vertical height shall be contour- graded incorporating the following grading techniques: The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. A: \VTM23267 I 1-4 21. 22. Prior to the issuance of grading permits, the developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. 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 paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-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. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: ae 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 library development. Prior to the submittal of building plans to the Department of Building and Safety an acoustical study shall be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwelling units within the subdivision to reduce ambient interior noise levels to 45 Ldn. 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, de Prior to the issuance of building permits, composite landscaping and irrigation plans shall be submitted for Planning Department approval. The plans shall address all areas and aspects the tract requiring landscaping and irrigation to be installed including, but not limited to, parkway planting, street trees, slope planting, and individual front yard landscaping. All dwellings to be constructed within this subdivision shall be designed and constructed with fire retardant ( Class A ) roofs as approved by the Fire Marshal, fo Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. A: \VTM23267 1 I-5 23. 24. 25. 26. g. All street side yard setbacks shall be a minimum of ten (10) feet. h. All front yards shall be provided with landscaping and automatic irrigation. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: ao All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy permits. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Safety. be All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection. Not withstanding the preceding conditions, wherever an acoustical study is required for noise attenuation purposes, the heights of all required walls shall be determined by the acoustical study where applicable. 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. Prior to recordation of the final map, the subdivider shall submit to the Planning Director an agreement with the Community Services District which demonstrates to the satisfaction of the City that the land divider has satisfied Quimby Act requirements in accordance with Section 10.35 of Ordinance No. 460. The agreement shall be approved by the City Council prior to the recordation of the final map. 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 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 Revised Vesting Tentative Tract Map No. 23267, 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 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. A: \VTM23267 I I-6 27. The developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires the property interests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 28. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 29. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. Covenants, Conditions and Restrictions/Reciprocal Access Easements: 30. The Covenants, Conditions and Restrictions (CCSR's) shall be reviewed and approved by the Planning Department prior to final approval of the tract maps. The CCSR's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, all buildings in common open areas, and all interior slopes. 31. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 32. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. A: \VTM23267 II-7 33. Maintenance for all landscaped and open areas, including parkways, shall be provided for in the CC&R's. 34. Within forty-eight (48) hours of the approval of this 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 Eight Hundred, Seventy-Five Dollars ($875.00) which includes the Eight Hundred, Fifty Dollar ($850.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(3) 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 15094. 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 711.4(c). Enqineerinq Department The following are the Engineering Department Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding 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. 35. The Developer shall comply with the State of California Subdivision Map Act, and all applicable City Ordinances and Resolutions. 36. 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. 460. PRIOR TO RECORDATION OF THE FINAL MAP: 37. As deemed necessary by the City Engineer or his representative, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Engineering Department; Riverside County Health Department; CATV Franchise; US Army Corps of Engineers; US Fish and Wildlife; and California State Department of Fish and Game. A: \VTM23267' I I-8 38. 39. 40. 41. 42. 43. 44. Street "T" shall be improved with 44 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 (44'/66'). Street "DD" and "FF" shall be improved with 44 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 144'/60'~ with 3 foot wide utility easements. In the event road or off-site right-of-way are required to comply with these conditions, such easements shall be obtained by the developer; or, in the event the City is required to condemn the easement or right-of-way, as provided in the Subdivision Map Act, the developer shall enter into an agreement with the City for the acquisition of such easement at the developer's cost pursuant to Government Code Section 66462.5, which shall be at no cost to the City. 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. Street improvements, including, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, street lights, signing, striping, traffic signal systems, and other traffic control devices as appropriate. b. Storm drain facilities. c. Landscaping. d. Sewer and domestic water systems. 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. The subdivider shall submit four prints of a comprehensive grading plan to the Engineering Department, The plan shall comply with the Uniform Building Code. Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24" x 36" mylar by a Registered Civil Engineer, 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. A: \VTM23267 ' 1 I-9 45. A drainage study shall be submitted to and approved by the City Engineer. All drainage facilities shall be installed as required by the City Engineer. 46. Portions of the site are in an area identified on the Flood Hazard Maps as Flood Zone A subject to flooding of undetermined depths. Prior to the approval of any plans, this project shall comply with the rules and regulations of FEMA for development within a Flood Zone "A" which may include obtaining a letter of map revision from FEMA for the affected areas. 47. Prior to final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. PRIOR TO ISSUANCE OF GRADING PERMITS: 48. A grading permit shall be obtained from the Engineering Department prior to commencement of any grading outside of the City-maintained road right-of- way. 49. 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. 50. A permit shall be required from CalTrans for any work within the following right-of-way: State Hiqhwa¥ 79 51. A permit from the County Flood Control District is required for work within its right-of-way. PRIOR TO BUILDING PERMIT: 52. A precise grading plan shall be submitted to the Engineering Department for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 53. Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. A: \VTM23267 I 1-10 54. 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 (assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. Transportation Enqineerinq Department PRIOR TO RECORDATION OF THE FINAL MAP: 55. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for Loma Linda Road, "DD" Street, and "S" Street, and shall be included in the street improvement plans. 56. A signing plan shall be designed by a registered Civil Engineer and approved by the City Engineer for all internal streets with 40 feet or less of curb separation and can be shown on the street improvement plans. 57. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer and CalTrans for State Route 79 South, "A" Street, and "B" Street, and shall be included in the street improvement plans. Condition #32 of the County Road letter dated October 7, 1988 shall be deleted. 58. Prior to designing any of the above plans, contact Transportation Engineering and CalTrans for the design requirements. PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 59. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the City Engineer. PRIOR TO THE ISSUANCE OF ANY OCCUPANCY PERMITS: 60. All on-site signing and striping shall be installed per the approved signing and striping plans. A: \VTM23267 I1-11 61. In the event that the required improvements on-Stat~~~9-S~ath-and-Pa+a R~=ed for the Pala Road realiqnment and the bridcle over Temecula Creek are not completed by-A~scssn~nt-BFstt'ict-l~,9 prior to the issuance of certificate of occupancy, the developer shall be required to enter into a reimbursement agreement with the City of Temecula for the construction of the necessary improvements based-on-the. The developer's percent of contribution toward the facilities within the reimbursement aclreement shall be as per the approved Traffic Study. Construction of necessary improvements shall be based upon the following dwelling unit occupancy levels (Amended per Planning Commission March 18, 1991 ): A. For unit one hundred and one (101) or more: A 750 foot minimum right turn lane with an adequate transition for east bound travel on State Route 79 South for Pala Road shall be designed and constructed to CalTrans specifications and requirements and shall be approved by CalTrans and the City Engineer. Multi-way stop controls shall be designed and installed, when warranted and approved by CalTrans, at the north bound and south bound on and off ramps of Interstate-15 and State Route 79 South. B. For unit two hundred and forty (2~0} or more: A minimum 450 foot north bound left turn lane with transition and a minimum 125 foot north bound right turn lane with transition on Pala Road at State Route 79 South shall be designed and constructed to CalTrans and City requirements and specifications, and shall be approved by CalTrans and the City Engineer. Plans for the Pala Road Bridqe and road realiqnment will be desiqned, reviewed, and approved by the City of Temecula and other appropriate aclencies. Plans shall be prepared in a format as approved by the City Enclineer. {Amended per Planning Commission April 1, 1991. ) A: \VTM23267 I I- 12 C. For unit five hundred and eleven 15111 or more: The signal at the intersection of State Route 79 South and Pala Road shall be designed by a registered Civil Engineer. The signal shall be installed and operational. as warranted. per the special provisions and the approved traffic signal plan as approved by CalTrans and the City Engineer. o The signal at the intersection of State Route 79 South and Interstate 15 north bound and south bound on and off ramps shall be designed by a registered Civil Engineer. The signal shall be installed and operational. as warranted. per the special provisions and the approved traffic signal plan as approved by CalTrans and the City Engineer. The signal at the intersection of Rainbow Canyon Road and Pala Road shall be designed by a registered Civil Engineer. The signal shall be installed and operational, as warranted, per the special provisions and the approved traffic signal plan as approved by the City Engineer· B~sec~m-the-addend~m-i~t~e~ d~ted--Feb~tra~/~- #~--l~J~- fr~m--~ R~ke- ~ i~reeri~3~- ~ri~ improvement o~st~. (Amended per Planning Commission March 18. 1991. ) Full road improvements, including all required signing and striping, on State Route 79 South from Interstate 15 to Pala Road shall be in place in accordance with CalTrans requirements as approved by CalTrans and the City Engineer. Full road improvements, including all required signing and striping, on State Route 79 South from Pala Road to Margarita Road shall be in place in accordance with CalTrans requirements as approved by CalTrans and the City Engineer. o Realignment of Pala Road with State Route 79 South in conjunction with the construction of a multi-lane bridge across the Temecula Creek. The Pala Road Bridge over the Temecula Creek shall be designed, constructed and operational as approved by the City Engineer. T~is- ~=~*elopme n~- shra~ I- ~ti- ~ ~ ~-tow a r d- ~he ~o ns~r ~-tk~r =cost.-of- ~t~is- br-idgt~,- ~ - u port- ~ ~ad~le noh~rn tet~ter-f'~om -~z R otn-k~ ~ in ec r i l~ ~ ~~ 6 ~ -122~ o Design and construction of dual left turn capabilities at the south bound Interstate 15 off ramp at State Route 79 South in accordance with CalTrans requirements and specifications and as approved by CalTrans. A: \VTM23267 I I - 13 The signal at the intersection of Loma Linda and Pala Road shall be installed and operational, as warranted, per the special provisions and the approved traffic signal plan as approved by the City Engineer, 10. The signal at the intersection of State Route 79 South and "A" Street shall be designed by a registered Civil Engineer. This signal shall be installed and operational, as warranted, per the special provisions and the approved traffic signal plan as approved by CalTrans and the City Engineer. 11. Design and construction of a dual right turn lane for east bound travel on State Route 79 South at Pala Road and a dual left turn lane for north bound travel on Pala Road at State Route 79 South in accordance with CalTrans and City requirements and specifications as approved by CalTrans and the City Engineer, Department of Buildinq and Safety 62, Submit approved Tentative Tract Map to the Department of Building and Safety for addressing and street name review, 63. School fees shall be paid to Temecula Unified School District Prior to permit issuance, 64. Lighting on site pool area and recreation area shall comply with Mount Palomar Lighting Ordinance #655, 65. Submit pool plans to Riverside County Health Department for review prior to structural plan review by the Department of Building and Safety, 66, Pool excavation area shall be fenced immediately the same day as excavation is complete, All plumbing trenches shall be fenced. 67. Obtain clearances from land Use and from Building and Safety Departments. 68. Provide a geological report at time of submittal for plan review, A:\VTM23267 11-14 PLANNING & ENGINEERING 46.209 OASIS STREET. SUITE 405 INDIO, CA 92201 (619) 342-8886 RIVERSIDE COUNTY FIRE DEPARTMENT IN COOPERATION WITH CALIFORNIA DEPARTMENT OF =ORESTRY AND FIRE PROTECTIC', {.;I.LN J NEWMAN FIRE CHIEF PLANNING & ENGINEERING 3760 12TH STREET RIVERSIDE. CA 92501 (714) 787-6606 DA~E: TO: ATTN: RE: January 29, 1991 City of Temecula Planning Department Tract No. 23267 With respect to the conditions of approval for the above referenced land division, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: FIRE PROTECTION Schedule A fire protection approved standard fire hydrants, (6"x4"x2½") located one at each street intersection and spaced no more than 330 feet apart in any direction, with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for 2 hours duration at 20 PSI. '~ Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire Department for signature. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Prior to the recordation of the final map, the applicant/developer shall provide alternate or secondary access as approved by the City of Temecuala- Engineering Department. MITIGATION Prior to the recordation of the final map, the developer shall deposit with the City of Temecula, a cash sum of $400.00 per lot/unit as mitigation for fire protection impacts. Should the developer choose to defer the time of payment, he/she may enter into a written agreement with the City deferring said payment to the time of issuance of the first building permit. RE: TR 23267 Page 2 All questions regarding the meaning of conditions shall be referred to the Planning and Engineering staff. RAYMOND H. REGIS Chief~i Department Planner By Laura Cabral, Fire Safety Specialist General ~t4ano,er J. Andrew $chl~,nge Leltal Counsel Redwine and $he~ill Director of The Metropolitan District o/Southern Cahfornitt Doyle F. Boen Rol~er~ M. Co~ March 8, 1991 Rodger D Chester C ~,{~r~. Vkc Wm G AIdr~dge John M Coudure~ CraigA Wea~er Juanit; L Machek Richard Ayala City of Temecula Planning Department 43180 Business Park Drive Suite 200 Temecula, CA 92390 Subject: Tentative Parcel Map No. 23267 Dear Mr. Ayala: As requested, we comments: have reviewed the subject project and offer the following Sani tary Sewer The subject project is tributary to the District's Rancho California Regional Water Reclamation Facility, via a sewer system to be constructed by Assessment District No. 159. The developer is expected to submit a proposed conceptual plan of sanitary sewer service to the District's Customer..Service and Planning DeOartments for review and approval. This plan shall provide for a system of gravity-flow sewerlines located within road right-of-way according to EMWD standards. It must be understood that the available capacity of the Oistrict's sewer system are continually changing due to development within the District. As such, service will be provided based on the timing of the subject project, the service agreement with the District, and the status of the Oistrict's permit to operate. Should you have any questions regarding these comments, please contact Ruth Newsham or me at (714) 766-1B50. Sincerely, ~H. A1 Spencer ' ~/ :~.~irector of Planning cc: John Fricker, EMWD Presley of '.San Diego, 15010 Avenue of Science, Ste. 200, San Diego, CA 92128 91- 240 7/M RIVERSIDE COUNTY PLANNING DEPARTTIENT SUBDIVISION CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT NO. 23267 DATE: AHEI~ED NO. 2 EXPIRES: STANT)ARD CONDITIONS The subdfvJder shall defend, Indemnify, and hold hamless the County of Riverside, its agents, officers, and employees from any claim, action, or proceeding agatnst the County of Riverside or its agents, officers, or employees to attack, set astde, votd, or annul an approval of the County of Riverside, its advisor), agencies, appeal boards or legislative body concerning Vesting Tentative Tract No. 23267, which action ts brought about wtthtn the time period provided for in Collfornta Government Code Section 6649g.37. The County of Riverside w111 promptly nottry the subdivider of any such claim, actton, or proceeding against the County of Riverside and w111 coo)erate fully tn the defense. Zf the County fltls to ooper promptly nottry the subdivider of any such clalm, action, or proceedJag or fatls to coope. rate fully tn the defense, the sutxltvtder shall not, thereafter, be responsible to defend, Indemnify, or hold hamless the County of Riverside. 2. The tentative subdlvtslon shall comply vtth the State of California Subdivision Pap Act and to all the requirements of Ordinance 460, Schedule A, unless modtfled by the conditions Itsted below. 3. Thts condttlonally approved tentative map wtll exptre t~o years after the County of Riverside Board of Supervisors approval date, unless extended as provtded by Ordinance 460. 4. The ftnal mp shall be prepared by e 11ceased land surveyor subject_to all the requirements of the State of California SuMtvtslon Pap Act and Ordtnance460. The subdivider shall sutmtt one copy of e sotls report to the Riverside County Surveyor's Offtce and t~o coptes to the Department of Butldtng and Safety. The report shall address the solls stebtllt~ end geological conditions of the site. If any gradtag ts proposed, the subdivider shall submtt one prtnt of c9mprehenstve gradtag plan to the I)eparb~ent of Butldtng and Safety. The plan shall compl~ wtth the Unlfom Buildtag Code, Chapter 70, as amended by Ordinance 467 end as mybe addlttonally provided for tn these conditions of approval. q 7. A gradtrig permit shall be obtatned frm the Department of Butldtng and S~fety prior to cm~ence~ent of any grading outside of county maintained rood right of 8. A.y delinquent property taxes shall be paid prior to recordation of the ftnal top. ~he subdivider shall comply with the street Improvement recommendations outltned in the Riverside County Road Department's letter dated ~0-07-88, a copy of vhtch Is attached. 10. 11. Legal access as required by Ordinance 460 shall be provided from the tract mp boundary to a County m~tntatned road. M1 road easenents shall be offered for dedication to the Public and shall continue tn force untt1 the governing body accepts or abandons such offers. A11 dedications shall be free from all encumbrances as approved tb~ethe Roa~ Commissioner. Street nanms shall be subject to approval of Road Commissioner. 12. 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. AI1 offers of dedication and conveyances shall be submitted and recorded as directed ~-by the County Surveyor. 13. later and sewerage dtsposal facilities shall be Installed in accordance with the provisions set forth tn the Riverside county Health Departmnt's letter dated 9-1Z-88, a copy of which is attached. 14. The subdivider shall comply with the flood control recon~ndattons eutltned IV the Riverside County flood control Otstrtct's letter da)e4 ]0-18-88_ a copy of vhich is attached. If the land dtvtston l~es vtthtn an adopted flood control drainage area pursuant to Section X0.26 of Ordlnance 460, appropriate fees for the construction of area dratnage facilities shall be collected by the Road Commissioner. (Amended at P.C. on ]0-]~-'' The subdivider she11 comply with the ftr. improvement recomendattons outltnad tl the county Fire Flatshal's letter dated g-g-88, a copy of vhtch ts attached. 16. Subdtvtslol phastng, Including any proposed con.on open space area rovement phutng, tf applicable, shall be subject to Planntng artBent approval. ~ny proposed phistrig shall p.rov~d~. fo? .adp.qu~e vehicular access to all lo13 tn each phase, and Shall suoscanclally conform tot he tntent and purpose of the subdivision approval. 17. Lots created by this sulxltvtston shall comply with the following: 18. a. AI1 lots shall have a mtntmum stze of 4500 square feet net. b. Graded Ixft undeveloped land shall be mtntatned tn a #sad-free condition and shall be etaher planted vith tntertm landscaping Or provided vith other erosion control measures as approveo by the Director of ButldJng and Safety. Prtor to RECOROATION of the ftnal map the following conditions shall be sittsflnd: Prtor to the recordation of the ftnal map the applicant shall sul~tt urJtten clearances to the Riverside County Road and Survey Department that a]J pertinent requirements outltned tn the attached approval letters frm the following agenctes have been met: be Go County Fire Department County F1oed Control County Parks Department County Health Department County Planntng Department Prtor to the recordation of the final map, Change of Zone No. 6150 shall be approved by the Board of Supervisors and shall be effective. Lots created by thfs land dlvtston shall be tn conformance wtth the develolnent standards of the zone ulttmtely epplled to the p~operty. Prtor to recordation of the ftnal mp, the project stte shall be a~nexed tnto C.S.A. 143. de Prtor to recordation of the ftnal mp, the subdivider shall convey to the County fee stgple Stale, to all cannon or cannon open space areas, free and clear of 811 1tens, taxes, assessment, leases (recorded and unreco~ed) e~d ~as_emen~s,'except those easements whtch tn the sole discretion or the ~ounTy are acceptable. As e condition precedent-t4- the CountY iccepttng tttle to such areas, the sulxltvtder shall submit- the falloutrig clocumnts to the Planning_Department for raytaw, whtcJ~-~ documents shall be sub~ect to the approval of that department and the OffJceoftM County Counsel: 1) A declaration of covenants, conditions and restrictions; and 2) A s.np. le .document conveying Stale to the- purchaser of an Jndlvtdual lot or untt which provtdes that the declaration of covenants, conditions and restrictions ts tncorpur&ted theretn by reference. . 1be'declaration of covenants, conditions and restrictions sulxnttted fpr revtev shall (e) praytale for · tern of 60 years, (b) F, ovtde for --l~m_AAtabit~lam~t of .s i~o~c, t3~ o,.,,.u~)' ~ssoctatlon cG~tsed of the 1~5T]~ TE]ITM]YE 11ACT I10. ~3~7 A~I. I~ CoMItlens ~f API.~el Pi~ 4 o~. ur esch tndtvldull let o~ unlL ~nCl (c) contain Lh. Fulluwtng lrovls~ons · hstandtng any provision tn this Declaration to contra the following provision shall app13~: The prol dormnt, request omers' association established hereta ..., b~, Incorporation or otherwise at 'the County of Riverside, and the pro o~ners' Issoctatton unconditionally accept from liverside, upo~ ,he County's denand, tttle to all the 'conman area more particularly described attached hereto. dectston to requtre property o~mers' as~ tatton and the dectston association uncondt1 ~ally accept tttle shall be at the sole d County of of of the utre that the ' COnl~on area' ',ratton of the ,f Riverside. w~ttten consent of the Plat Riverside or the County's succ~ o~ners' association shall have each Individual lot or mtntatntng such 'contort the propert3r of any such mtntenance assessment. be prtor to ell other 1t~ assessment or other doc %n the event that the area. or I~rt thereof. conve3~.d to the proper1 )w, ers' as oJ ~tton. the association. thereafter shall oMt st ~'co~non ~ l'. she11 nanage and continuously matntatn such~ il , and shall not sell or transfer such conmmn area. or thereof. absent the prtor )Iretrot of the County of t creating st; The propert~ rtght to assess the owners or the re&sonable cost of hive the rtght to 1ten ts tn the papant of a once created, shall equent to the nottce of assessment 1ten. This Declaration she1 t be temtnat4 or prepertydel ~refrmabsent of the Planntng of the Couot~'s successo A considered ' eta1' tf tt affects mlntenanceof 'camon Irel'. .ubstanttally' amended 'tot w~ttten consent of Riverside or the endmane shall be extent, usage or the event Iny conflict between this Decll tlon Arttcles , the Bylaws, or the Regulations, tf anN, thts control and the oM~ers" shall Once approved, the declaration of covenants, conditions and restrictions shall be recorded it the sam tim that the ftnal mp ts recorded. Conditions of ~ppmal e. The developer shall be responsible for mintonanco and upkeep of Ill slopes, lands_caped areas and Irrigation s3~tems until _such ttme as those operations ire the responsibilities of other parties is approved by the Planning Director. Prtor to recordation of the ftnal map, in £nvtronmental Constraints Sheet (£¢S) shell be prepared tn conjunction wtth the ftnal map to delineate 1denttried envtronMntal concerns and she11 _be permanently filed wtth the offtce of the County Surveyor. A copy of the £CS shall be tranmltted to the Planntng Department for revtev and approval. The approved EC$ shall be forvarded with coptes of the recorded ftnal map to the Planning Department and the Department of Butldtng and The fiQttce appearing tn Sectton 6.a. of Ordinance No. 6ZS, the Riverside County ~tght-to-Fam Ordinance, shall be placed on the EnvtromentJl Constraints Sheet, vtth this tract 1denttried theretn, tn the awnner provtded tn satd Sectton 6.a., is betrig located partly or vholly vtthtn, or vtthtn 300 feet of, land zoned for primarily agricultural purposes by the County of Riverside. h.' The folioring note shall be placed on the Environrental Constraints Sheet: 'County Environrental Impact Report No. 281 yes prepared for thts property and ts on ftle it the Riverside-count~ Planntng Department.' The E.C.S. notes found tn the letter from the County Geologist dated October 12, 1988, a copy of vhlch ts attached, shall be placed on the £nvtronmntal constraints Sheet. Prtor to the tssuance of GP. ADZNG PEPJ4ZTS the folioring conditions shall be satisfied: Prtor to the tssuince of gradtag pemtts detotled common open spice ~erea landscaping and trr.tgatton plans shall be submitted for Planntng Partrant approval for one phase of developmat tn process. The plans shall be certified by I landscape architect, and shall provtde for the folioring. Permnent lutemttc Irrigation systems shall be Installed on all landscaped areas requiring Irrigation. 2. Parb~s and landscaped butldtng setbacks shall be landscaped to provide vtsual screening or a_trensttton Into the prtmr~ use area of the stte. Landscap~ elements shall Include earth benatng, tn gromld cover, shrubs and spictmon trees conjunction w meaedertng stdevalks, benches and other pedestrian menlttes ~here appropriate as approved IW the Planntng Department. YESTIN~ TEIITATTYE 111ACT NO. Z3267 MI. IZ CoMltlms of Apprwal Page 6 3. Landscaping plans shall Incorporate the use of spectmen accent trees at key vtsual focal potnts wtthln the project. 4. I~em street trees cannot be planted vtthtn right?of-way of Interior streets end project parkways due to Insufficient road right-of-way. they shall be planted outside of the mid right-of-Nay. S. Landscaping plans shall Incorporate nattvo and drought tolerant plants where appropriate. 6. AI! existing spectmen trees and significant rock outcroppings on the subject property shall be shown on the proJect's gradtag p]ans and shall note those to be removed, relocated and/or retained. 7. All trees shall be mtntmum double staked. Veaker end/or sloff growtng trees shall be steel staked. b. Any oak trees rmoved vtth fouc (4) tach or larger trunk diameters shall be replaced on · ten {lO) to one (l) basts is approved by the 'Planning Director. Replacement trees shall be noted on approved landscaping plans. c. Prior to the tssuance of grading permits, a biological resource p~e~tton Elan s~a11 be prepired by a qualified biologist detailing metnoes or protecting the significant biological resources and ImplemEntation of biological mitigation mssufos as found tn County £nvtronmntal Gapact Report No. 281. Important resources tnclude the Nevtns Bart)err~ found on site. This plan shall be sul~ttted to the Planning Department for roytow and appmval. d. Durl.ng gredlng activities, a Cluallfled biologist shall be rotetried by the developer to monitor the gradtag activities and to see that the approved biological resource protection plan ts tmplmented. Proof of rehtnorddp snail be sul~ttted to the Department of Butldlng and Sirsty prior to'the tssuence of butldtng parmtts. The biologist shall have the right to halt or divert grading procedures, If necessary, tn order to Implment the biological resource protection plan. e. Prior to Issuance of grading parmtts, an tn depth survey of the extstlngArchaeologtca1 sttes shall be undertaken by a qualified Archaeologist. Thte survey shall tnclude data collection, test bortngs aM exc.avatton as deemed necessary the Archaeologist and as approved by the Planntng Department. bA~ the conclusion of the Investigation, a report prepared by the Archaeologist shill be sutmttted to the Planntng Department and the Archaeological Research Unit at tim ~tverstt, y of Callfomta of Riverside, for' revtme and a ' VESTING 1TNTAllVE 1TRACT 10. 23267 CondltloM of Page 7 ho 't. detemtnatton of completeness. Felleying approval of the report, the Planntng beperlment v111 tssue tie&rance for the release of gradtng pemlts. If any Itchecological resources' are uncovered durtng gC&dlng activities or trenching, all activities shall cease ana an archaeologist shall be consulted. ~ny recent, editions of the archaeologist shill be adhered to. The old adobe structure found vtthtn ~en Space lot 603 shall be preserved. M1 existing natty, spectmen trees on the subject property shall be preserved ~herever feasible. Hhere they cannot be preserved the~ shall be relocated or replaced ~tth spectmen trees as approved by the Planntng Director. Replacement trees shall be noted on approved 1&ridscap!rig plans. Gradtng plans shall confom to Board adopted Htllstde I)evelopment Standards: All cut end/or ft11_ slopes, or Individual combinations thereof, vhtch exceed ten feet !n verttcal hetght shall be modtfted in appropriate combination of e spictel terracing (benthing) plan, Increased slope title (t.e., 3:1), retUntng yells, and/or s~ope planttng combteed vtth Irrigation. All drtve~l~S shall not exceed ftfteen percent grade. All cut slopes located ed3acent to ungraded exceeding ten (lO) feet tn verttcel hetght she11 Incorporating the felloffing grading techntclues: natural tarrate and be contour-graded 1) The_ angle of the graded slope shall be gredua11~ adjusted to the angle of the natural terratn. 2) Angul&rfoms shall be dtscoursged. The graded remshall reflect the natural rounded tarTale. 3) The to41 and tops of slopes shall be rounded vlth curves vlth ~dlt .dest. gned In)role. raton to the total hitght of the slopes ere ar&lnlge angstability pemtt such rounding. 4) #here cut_or f111 slo~s exceed 300 feet tn horizontal length, the horizontal contours of the slope shall be curved tna continuous, undulating fashion. Prtor to the tssuance of gradtng penntts, the developer shill provtde evtdence to the Director of Building and Safety that &11 adjacent off-site lieufactored s]opes hive recorded slope easements and that slope mltntenance responsibilities hive been assigned as approved by the Otrector of Building and Safety. VF. STZNG TElnATiVE 11LqCT lB. Z32J7 AM. fZ CoMIttms of Approve! Page 8 20. Prtor to the tssuence of gradtng pemtts, _l qu.lltfted. paleon.tologtst shall be ratatried by the developer for consultation ano c~,,,~nc on the proposed gr~dtng vtth respect to potential i~leontologlcal Impacts. Sh(mld the Paleontologist ftnd. the potential ts htgh for tmpact to significant resources, a pre grade meeting betMen the paleontologist and the excavation and gradtng contractor shall be erringed. Men necessary, the paleontologist or representative shall have the authority to temporarily dtvert, redirect or halt gradtag acttvtt~ to allou recover~ of fossils. Prtor to the tssuance of BUILDZN$ PETITS the folioring conditions shall be satisfied: No IxJIldtng pemtts she11 be tssued by the County of Riverside for any residential 1ot/untt vtthtn the project boundar~ unttl the developer's successor's-In-Interest provtdes eYtdence of compliance A cash sum of one-hundred vlth pubItc _facility ftn&nctng measures. dollars ($100) per 1ot/unlt shall be deposited vlth the Riverside County Department of Butldlng and Safety is mitigation for publlc 11brar~ develolnent. be Ce de ee Prtor to the suMtttll of !xJtldtng plans the Department of Butldtn~ and Safety an acoustical stud~ shall ~ performed by an &cousttca engtneer to establish &pproprtate mitigation measures that shall. be app11ed to Individual dw111ng untts vtthtn the subdivision to reduce Ud)tent triterlot notse levels to 45 Ldn and extertor noise levels to 65 Ldn. All street 11ghts and other outdoor 11ghtlng shall be sho~ on electrical plans subultted to the Department of Butldtng and Safet~ for plln ~heck approval and shall comply vtth the requtrenents of Riverside County Ordinance No. 65S and the Riverside ~un~y CoeprehenslveGeneral Plan. Prior to Issuance of butldlng pemtts, detitled park stte and rtpartan are, deYelo.j~entplans shall be sutxnttted to the Planntng Depirtment for approvll. These plans shall conform vtth guidelines found In the approved destgn maul1 ([.~hlbtt H). The parks shall tnclude active recre&tton~1 features such Is ptcnt~ t~bles, barbecue areas, tot lots, etc. Recommendations found tn the letter from George Beltertl of the County I)lrb Department. a cop~ of vhlch ts attached. shall be Included t, the destge of the perks and Open Spice Areas. De~,]opment of thts project shall conform to the recwndattons found County Geologtc Report No. 488. YESTXI~ T~lAgE1t 11tACT NO. Z~67 Aml. 12 CoMIttens EP~ J~al Page ~ f. For the securtty and safety of future residents, the following crtme prevention measures shall be considered durtng stte and butldtng layout ~estgn. a. Prol~r 11ghttng tn open areas; b. Visibility of doors and ~tndo~s from ~he street and between buildings; c. Fenctng hefghts and mtertals; d. ~dequate off-street parktrig; and e. A clearly understood method of street numbering to facilitate emergency response. g. Prior to the tssuance of butldtng pemtts, composite landscaping Irrigation plans shall be suimttted for Planntng Department approval. 4r~n The plans shall address m11 mrems and mspects of the tract requ g and trr' 1on to be Installed tncludt but not landscaping I trr~gmt ping, to, parkray planting, street trees, slope planting, and tndlv$~al front yard landscaping, and shall confom to the standards set forth in the trmct's approved Oestgn IMnual (Exhibit M). h. Roof-mounted mechantcml equti~ent shall not be Parmttted within the subdivision, howvet solmr equipment or any other energ~ saving devices shall be permitted vtth Plmnntng Department approval. t. All front j~rds shall be provtded Ntth landscaping end automatic trr4gmtlon. A plot plan shall be sutmttted to the Plmnntng Depar~ent_pursumnt to Sectton 18.30 Of 0rdtnance No. 348 accompanied by allapplicable fllln! fees, u & plot plan that 1s not subject to the California En~lro~entel Qumllt~ Act ts not transmitted to an~ governmen_tel mgam~ other than the Ittve~stde County Pl&nntng Department. the plot plM shall ensure the conformrice of the ftnal stte development with the tract's approved Destgn I~nual (Exhtbtt H), and she11 contatn the folioring elements: A ¢Inml site plan shwtng the lots, butld]ng footprints, m11 setbacks, fences and/or yells, and floor plan and elevation asslgnmnts to Individual lots. One (1) color mndmtertals sample board (maximum stze of 8 X 13 tKhes by 3/8 1rich thick) containing prectse color, texture and mtertal s~atches or photographs (which may be from suppliers' brochures). Indicate oo the board the nim, address and phone lt~TIn~ ]TRTATIVE 1]U~CT I10. ~ ~d. f2 Conditions of Approve! Page 10 21. numbers of both the sample board preparer and the project ~pllcent, trac~ number, end the manufacturer and product numbers ere possible(trade names also acceptable). 3. One (]) copy of the architectural elevations colored to represent the selecte~ co] or cmbtnattons, with symbols keyed to the color and mtertals board. The v~ttten co]or and totertel descriptions shall be located on the e]evatJon. o (6) coptes of each of glossy photographic color prtnts (stze 8 10 Inches) of both color and mtertals board and colored architectural elevations for permanent ft]tng, heartng body raytaw and agency distribution. All ~tttng must be legtble. $ald plot plan shall requtre the approval of the P1anntng Dtrector prtor to the tssuance of any butldtng penntts for lots tncluded vlthtn the plot plan. The sutmtttel of plot plans prtor to the tssuance of bulldtng penetas may be phased provided: 1. A separate p~ot plan shall be submitted to the Planntng Depart~nt for each pnaseo ~htch shall be accompanied by appropriate ¢tltng fees. Each Individual plot plan shall be approved by the Planntng Dtrector prtor the tssuance of butldlng parmtts for lots tncluded vlthtn t~et plot plan. k. A fenctng plan shall ~ submitted for Planntng Oepartment approval. Thts plan shall be substantial conformance vrlth the Oestgn 14anual (Exhlbtt ~) and take tnto account an)' recmmendatlons of the required notse study. Prior to the Issuance of OCCUPANCY PETITS the foileying conditions she11 be sattsfted~ a. All landscaping aM Irrigation shall'be Instilled tn accordance vtth approved plans prtor to the_ tsTuence of occupancy pamtts. If seasonal conditions do not Pemtt planting, tntertl landscaping end eroston control measures shall be uttllzed as approved by the Planntng Director and the Director of hlld~ng and S4fety. b. Prtor to occupancy. yells and fences shall be Installed tn accordance wtth approved plans. c. Notvtthstandtng the preceding conditions, vherevir an acoustical study ts requtred for notse attenuation purposes, the heights of a11 required yells shall be determined by the acoustical study,here applicable. VOT]I~ I~TATIVE 11tACT BO. ~3267 Pod. f2 fait 11 Prtor to occupancy, the neighborhood park stt. associated wtth that p.hase of deve]opment $hall be developed tn accordance vtth approved plans. Prtor to occupancy. the ~ell stte open space lots associated ~tth that ase of develo~n~nt shall be t~roved tn accordance vtth the Design nual (£xhtbtt 14) and approved Landscaping Plans. GN:sc;bc 10/1Z/88 OFFICE OF ROAD COMMISSIONER October 7, 1988 1988 RIVE.~u~ COUNT~ PLANNING DEPARTUEN~ LeRoy D. Smm)e lOAD CDMML~NII · ~ M)11~ Riverside ~un~ Pl·nning ~nntsslon 4~0 ~mon Street Riverside, ~ g2~1 ~dfes and ~ntlemen: Re: Tract Hap 23267 - Amend Schedule A - Team I Btth respect to the conditions of approval for the referenced tentative land dtvlston mp~ the Road Department recmmends that the landdivider provide the folioring street t~provement plans and/or road dedications In accordance 0rdlnance 460 and Riverside County Road l~provement $tindards (0rdtnance 461). It ts understood _thee the tentative mp correctly shok, j accep~lble centerline profiles, all exlstlng easements, traveled keys, and dr·triage courses ~lth appropriate Q's, and that their mission or unacceptablltty my require ~he map to be resubmitted for further consideration. These 0talin·rices and the following conditions are essential pitts ·rid · roqulromnt occurring tn ONE Is as binding as though occurring tn a11. The~ are Intended describe the conditions for · co-plate design of t~ he complemntary and to Improvement. A11 questions regarding the true manlng of the conditions shall be referred to the Read ~mmlssloner'S Office. 1. ~e laMdlvlder shall pro~ct downstream properties from damages caused b~ alteration of the drllnage patterns, I.e., concentra- tion of diversion of flow. ~otectlon shall be provfded b~ constructIn; ·de~a~ dra!na~ Ceciltries Including enlarging tfstl~_~fic11!tfes or by securing a drainage easement or by h. AI1 dr·lnage easements shall ~ shokn on the final map a?.noUM. is follows: '_Drlfnagl hswnt - no hlldlng, · eostru~tons, or encroachants bl 1~ fills are ~11o~'. h pro,eton ~11 ~ as Ipprov~ b~ ~e Ro&d The landdlvl~r shall ·co·pt aM pro~rl~ disuse of ~11 offsleo drainage flowing onto or ~rou~ the site. Zn Um event the Rold DraMsstoner ~mf~ ~e use of stree~ for drllnage ~oses, ~m provisions of ~lcle X! of ~dlnance ~. 4~ ~11 appl~. Should the ~antltfes exceed ~ street capacity or the use of stree~ h prohfblt~ for drainage ~r~ses, Um su~lvtder shill provide edenate drainage facilities as approved by ~e ~ad ~parbmnt. 3. ,bJor drainage is tnvolved on this landdivision and Its resolution shall be as approved b), the Road Department. 4. 'A' Street shall be Improved within the dedicated right of way in accordance with County Standard No. !0~. (76'/100). So .6. 'B' Street (3ames Avenue) shall be traproved within the dedfcged right of W in accordance with Hodlffed County Standard NO. (64'/u,). "S' Street and "C" Street (south of Creek Lane) shall be Improved within the dedicated right of way in accordance with Gount3~ Standard No. 103. Section A. (44'/$6'), 7. The retaining Interior streets shall be improved within the dedicated right of way In accordance wtth County Standard NO. 104, Section Ao (40'/60'). The landdivider shall comply with the Gilttans recommendations as e~tllned In their letter dated Ketch 30, 1988 (a copy of which. Is attached). prior to the recordation of the final rip. 11m landdivider shall provide vIIlILy clearance from Rancho hllf- ornle kilter District prior to the recordation of the final top. A co~y of the final map shall be sulxnftted to hltrlns, 0fstrlct 08, Post Office Box 231, San Bernardino, California 62403; Attention: Project Developrant for revlev and approval prtor to recordation. lhe mxlnm centerline gradient shall not exceed XS$. The mintnun centerline radii sha~l be 300' or is approved by the Roid DepartBent. State HI located feet red with concrete curb and gutter match up asphalt concrete Tract' I~p Z3Z67 -Mend I~tober 7, 14. 1S. 16. 17. 18. 19. 20. paving; reconstructions or resurfacfng of existing paving is detemtnnd by Celtran; within a 71 foot Mir width dedicated right of m~y tn accordance with State Standard No. A2-8. All driveways shall conform to the appltclble Riverside _County Standlrds and shall be shown on the street improvement plans. A minimum of four feet of full height curb shall be constructed between driveways. I~en Mockyells ire required to be constructed on top of slope, a debris retention wail shall be constructed it the street rtght of way line to prevent silting of sidewalks as approved by the Road Camel;stoner. The mtnlnun garage setback shall be 30 feet muured from the face of curb. 'T' Street shall be Improved with 34 feet of asphalt concrete pavement wlthtn a 4S foot part width dedicated rtght of w~y tn accordance wtth Count~ Standard No. 103, Section A. (ZZ'/33'). Concrete sidewalks shill be constructed throughout the landdivision tn accordance with Count~ Standard No. 400and 401.,(curb sfde~alk). M access road (located north of Temcula Creek along the extension of 'B' Street. dams Avenue to ~he east) to the nearest paved road maintained by the Count), shall be constructed within the public right of wy fn accordance with County Standard No. 1o6, section B, (3Z'/60') at a grade and altgnMnt iS approved by the Road Comntssfoner. This ts necessary for circulation purposes. Prfmr~ and secondary access roads (at the locations of Loml Linda Stmt and the extension of Plrk Avenue. "S" Street) to the nearest paved road raintarried by the Count), shall be constructed within the . t~etlJc right of uty~.la me, d.snso-~4th C ....~. ;tends, d Ill. 106, Jla Jr (3~'/80')-tt I-g'~adc end 11IJ&_M% iS approved by the RoidCoanlssJoner. This I$ ~1so necessary for circulation purposes. Tract Kip 23267 - Aand fZ ~tober :7, 1988 ,4 Prior to the recordation of the final mp, the developer shall depostt ~th the Riverside Count), Road Department, & cash sum of $1S0.00 per lot ·s mitigation for traffic signal Impacts. Should the developer choose to defer the time of pa3mmnt,he my enter Into · witten agreement with the County deferring said p&3nnent to the time of Issuance of e IxJI1dlng permit. 22. Z~x~vment plans shall ~e based upon a centerline profile extending minimum of 300 feet be)'ond the pro3ect boundaries at a grade and alignment as approved b)' the Riverside Count~ Road C:mmlssloner. Completion of road Improvments does not IBpl,y acceptance for mlntenance b)' County. 23. Electrical and comwnfcatfons trenches shall be provided In accordance with Ordinance 461o Standard 817. 24. Aspbaltic mulston (fog sea1) shall be applied not less then femmeart da~s following placement of the asphalt surfacing and shall be applied at I rate of O. OS gallon per square )'lrd. Asphalt mulslon shall conform to Sections 37, 3g and 94 of the State Standard Specifications. Standard cul-de-sacs and knuckles and off-set cul-de-sacs shall be constructed throughout the landdivision. 26. Corner cutbacks fn conformance vlth Count)' Standard Ho. 805 shall be shmm on the final mp and offered for dedication. 27. Lot access sball be rest?lcted on Sta~e Htghva), 79, "A" Street and 'l' Street (james Avenue) and so noted on the ftn&l map. Landdivisions croattrig cut or f111 slopes adjacent to the streets shall provide erosion control, sight distance control end slope aischanes Is approved b), the Road Department. 26. All centerline Inter·actions shall be It gO' vlth I minimum SO' tangent measured frm flow 11ne. 30. The street design end Improvement concept of this project shall be conrdl~ted with Gncho Villages ~sessment District t159 and TR 23063. rac~ Hip 23267 - Amed f2 ctober 7, 1988 31. 32. Street lighting shall be requJr~ tn accordance with O~dJnance 460 and 461 throughout the sul)dJvJsJon, The County So~vlce Area (CSA) Administrator detJrutnes uhether this propose1 qualifies under an existtrig 8ssessmnt district or not. If not, the land owner shall file an app]tcitlon with LAFCO for annexation Into or creation of a "Lighting Assessment District" In accordance with ~overnmental Code Secttoe 56000. A strlplng plan Is _required for State Hw~. 79, 'A° Street, and 'B' Street (Jmes Avenue). The ranoval of the existing striping sh&11 be the responsibility of the applicant. Traffic signing and strlptmj sbe11 be done by Count), forces with all Incurred costs borne by ~he eppllcant. GH:lh Very truly yours, Road Dlvtston Engtneer ROM~ IZVKRSXDE COUNTY ?LA~G DE]~. Sepceober 12, 1988 DAT~ TRACT!~A~ 23267, Auended #o. 2 EnvtromnentL~ Health SuFfices ha rrvXeved Tract PLup 23267, Artended No. 2 dsted September 6, 1988. Our current c~nu vii! renan as stated hour letter dlted April 12, 1988. fORM 4. (!b~. WIT) · COUNTY OF _- IVERSIDE DEPARTMENT 12o Ig88 of HEALTH =-.--' --" APR 18 1988 ~"""~ BIVERSIDE COUNTT PLANNING DEPT. RIVERSIDE COLINTY 4080 Lemon Street PLANNING P.,EPARTM=NT Riverside. CA 92502 : eramilS Attn: Greg Neal RE; Tract Hap 23267; That portion st Parcel 1. 2. 3 and 4 of Parcel Hap 18993 recorded in Book 134. Pages 13 through 18 of'Parcel Haps ~n Riverside County, California. ($91 Lots) Gentlemen: The Department of Public Health has reviewed Tentat3ve Hap No. 23267 and recommends that: A valor system shall be installed according to plans and specification as approved by the water company and the Health Department. Permanent prindtl of the plans of the valet lystem shall be submitLed in triplicate. v]th a minimum scale not less than one inch equals 200 feet. along with the original drawing to the County Surveyor. The prints shall choy the internal pipe diameter. location of valves and fire hydrants; pipe and Joint specifications, and the size of the main it the Junetim of the new system to the existing system. The plans shall comply in all respects with Dlv. S, Part l, Chapter 7 of the California Health and Safety Code, California Administrative Code, Title 22, Chapter 16, and General Order No. 103 of the Public Utilities Commission of the State of California, when applicable. '11 --II-- ~- --! fet7 .e Duda ................... ,h Lochs .............. ~l)istrtet ImldJXwy ~rvLce - luth Z. DavLdeou RiVE:O, iDE COUfIC : "PLAFIIIifiG DEPARCI11ErlC County Avtatton tom1 ss toner 8rlsson RIVE.~$1D~ C"'v, PLAt,INING D~!:',:,..q7 ............. a, .............,lp&l Water .... If. Edtson ~m.~, - .... maBsmm~one ,_ port.&tton ~8 ~mn Htgh School J,er of' Co~erce VESTING TRACT 23267 - (test) o E.A. 3254& -ThoteuAmrLcauCorp. -Pancho - Rancho ClXtforuis Area - first SupervisortaX Distract - South of 79 and Melt liKaflatten toed - Rot tone - ScheduXe & - 103,? acres Ruts 506 lots - Concurrent Ca,el CZ 5150, rrlt 23299 Hod 120 - A,t, 026-160-0t0 to 926-0t6-002-003 case described above, alone vtth the attached case uap. A Land :em. ettnl has been teutattvsXy scheduled for Aprt! 28, 1988. Zf -~eu Is to publAc heartus. · recommendlatona are requested prtor to Aprtl l&, 1988 is order that ve the staff report for this tarttcuhr case. ,; questtons relardtnl this tte~, pXcale do not hasttote to contact 1363 .... VestLuST race 23267.shouid be requtred to annex to an approprtate ...... AleneT, u hath provtdca park and retreatton services. Annexation nil! ." mittsate tupacte of tncreased populaRton to be served and fees (park development), shall be used to acquire and davetop a park site. mud teals Some! ~/. Geeup, ~'T~eral Na.naler. Valley-Mide Recreation an~, ,-. , ,. 9TM FLOOR 48-209 OA-ql-q RTI~CICT n~'~'IM ~.? i~ivers~de CourJty Planning Dept. Page ?re Attn: Oreg Heal Apr,l 12, 1908 The pll~s shall be signed by I registered engineer and rarer complny vith the ;olloving cerL~f~cit~on: certify thlt the del~gn of the valet syltem in Trict Mlp 23267 is in accordance vith the vatit lyltem expansion plans of the Rancho California Viter District and that the vlter servicl.ltorage Ihd d,stribution syltem viii be Idequlte to provzde vlter litvice to such trlct. Thtl certification does not constitute guarantee that it viii supply vlter to luch trlct it any specific quantitiel. f]ovs or pt**lures for fzre protection or any other purpose". Thil certificltio~ shall bl s~gned by a responilble official of the vlter company. i~_!_plins must 3'h~s Deplrtment has i sLit,merit from the ~lncho Cllxforn~& VaLet D~str]ct Igreeing to serve domesL~c valet to each every lot in the subdivision on demand providing satisfactory financill arrangements are completed vlth the !u~div~der. it viii be necessary for the financial arrangements to be made prior to the recordation of the · his Department hal I statement ~rom the Eastern Mun~c~pa! Valet District agreezng to alloy the subdivisio~ sevage system to be connectedto the leverl of the District. The sever system shill be inl%alled Iccording to plans and specifications iI approved by the Dxstrict. the County Surveyor ind the Health Deplrtnent. Permanent prints of the plans of the sever system shill be labmitred in trxpl~cite. along vith the original driving, to the County Surveyor. The prints Ih&Jl Ihov the ~nternaA pipe diameter, 3ocatxon ~f B&nholel, campleto prof~lel, pipe Ind joint Ipecificaticns ind the size of the severs it the ~unctJon of the hey to the ex-iettng syltem. k single pitt ~ndtcit~ng locilion of lever Jtnel and valet linel Ih&ll be I portion of the sevage pl&ul lad profiles. ~e pllnl shill be Ixgned by registered engineer and the sever dJotr~ct vith the follov~ng cert~f~cit~on~ "Z certify that the design of the oever system In Trict ~lp 23267 Is ~n iccordlnce vJth the sever systel e~sion plinl of the Elstern ~JcJpl~ Viter D~str~ct ~d that the valle dilpolll tyltem ~1 Idequitl it thai t~le to treat the Inttc~pited viitel frei the proposed tr,ct." ~e p3~o muut be ~ubmitted to the Count~ R~vers~de CourtLy P]&nning Dept. Page Three ATL']4: Oreg Ne&I Apr3i Z2. It viii be necessary for financial &rrangemenLs Lo be made pr~or to the record&Lion of the fin&l map. It vii! be necess&ry for the annexation proceedings to be completely finalized prior to record&t~on of the final mlp. Sincerely, ~ ~g~, $~m N&rt~n . . San~t&ri&n Environmental He<h $erv2ces SH:t&c ~NNST~4 ~ &D'#AM~ CNII~r INilNl~l ! ell iiAiIKl? ?ILJPN~NI (714) 711.1111 RIVERSIDE COUNTY FLOOD CONTROl- AND WATER CONSERVATION DISTRICT R'VERB~DL CXUrORNIA ttmoa October IS, 1958 Riverside County Planning Department County Administrative Center Riverside, California Attention= Regional Team No. 1 Greg Heal Ladies and ~entlemen8 Vesting Tract 23267 Amended No. 2 This is a proposal to divide approximately 194 acres for single family housing in the Temecula area. The site is located along both sides of Temecula Creek about 1200 feet west of Hargarita Road. This project is located on the floor of Temecula Valley and is subject to both river£ne flows from Temecula Creek and.sheeting offsite stor~ ~1o~8 from two other sources. The main course of Temecula Creek flO~l through the center of the tract. Storm water from a 800 acre watershed to the north traverles the north- ern half of this pro~ect. Due to poorly defined drainage pat- terns, it is probable that large amounts of storm water emanating from tributaries north of Temecula Creek and from far to the east may sheet west, generally parallel to Temecula Creek, and across the site. Unless these storm flays are dealt vith by upstream development in the vatershed, the developer viii have to con- struct drainage factlitiel to protect this project. Oneits storm runoff is proposed to be conveyed via both streets and storm drains to Temecula Creek Channel. Several acres of one(re area art he ~outheastern tract boundary is proposed to be diverted to the ~lghboring development. The applicant (Thetam America Corp.) has submitted documentation that the developer to east (Great A~e~lcan Development Co.) plane to accept this run- off. A dec,ant sho~ing evidence of this agreement should be subm£tted to the District for revise prior to recordation of the final ~ap. The improvementJ to Temecula Creek are proposed as a part of Assessment District 159. The Diltrict"l interest in the con- figuration of the main channel is limited to itl adequacy as a flood protect(as facility. It should be noted that the present design does not allcse for habitat mitigation within the channel, nor do~s it sl~eifically provide for Joint use O~ the facility (e.g., equestria~or bicycle trails}. & change in channel con- £iguration or right of ray width may require redesign of this proposal. Riverside County Planning Department Res Vesting Tract 23267 Amended ~o. 2 -2- October 18, 1988 The developer's Exhibit 'B' proposes to collect storm flows from the 800 acre canyon at De Portola Road and convey them to Temecula Creek in a trapezoidal channel. ~o collection dikes are proposed on the east side of Hargarita Road to capture storm flo~s traveling parallel to Temecula Creek. These flo~s would co~bine with the northern stream Just north of Highway 79. Following are the Distrtct's recon~nendations~ 1. Temecula Creek Channel should be constructed throught this tract as sho~n on the tentative map. Both Temecula Creek Channel and the drainage facilities proposed to convey storm flows from the north and east should be built to District standards. Some of these facilities are proposed to be constructed by Assessment District 159. If these have not been installed by the time grading permits are requested, it will be necessary for this tract to construct drainage structures necessary to protect it from tributary 100-year storm flows. Evidence of a viable maintenance mechanism should be sub- m/tted to the District and County for review and approval prior to recordation of the final map. A portion of the proposed project is in I flood plain and may affect "waters of the United States", "wetlands" or "Juri-~ictional streambeds", therefore, in accordance with the requirements of the National Flood Insurance Progra~ and Related Regulations (44 CFR, Parts 59 through 73) and County Ordinance No. 458z A flood study consisting of HEC-2 calculations, cross sections, maps and other data should be prepared to the satisfaction of the Federal Emergency Management Agency (FEHA) and the District for the purpose of revising the effectira Flood Insurance Rate Map of the proJect site. The submittal of the study should be concurrent with the initial submittal of the related project i~provement plane and final District approval will not be given until a Conditional letter of~ap Revision (CLOHR) has been received from FEHA. A copy of appropriate correspondence and necessa~ per,its from those government agencies from which approval is required by Federal or State law (such as Corl~ of Engineers 404 permit or Department of Fish and Game 1603 agreement) should be provided to the District prior to the final District approval of the pro3ect. Riverside County Planning Department Ra~ Vesting Tract 23267 A~ended NOs 2 -3- October 18, 1988 ~ ° Oneits drainage facilities located outside of road right of way should be contained within drainage easements sho~n on t. he final map. A note should be added to the final map stating, "Drainage ealementl shall be kept free of buildings and obstructions". ~ffsite drainage facilities should be located within publicly dedicated drainage easements obtained from the affected property owners. The documents should be recorded and a copy submitted to t. he District prior to recordation of the final map. The 10 year storm flow should be contained within the curb and the 100 year storm flow should be contained within the street right of way. When either of these criteria is exceeded, additional drainage facilities should be ~nstalled. Drainage facilities outletting sump conditions should be designed to convey the tributary 100 year storm flows. Additional emergenc~ escape should also be provided. 8.' The prop°fry's street and lot grading should be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area, outlet points and outlet conditions, otherwise, a drainage easement should be obtained from the affected property owners for the release of concentrated or diverted storm flows° A copy of the recorded drainage easement should be submitted to t. he District for review prior to the recordation of the final map. 10. Development of this property should be coordinated with the development o£ adjacent properties to ensure that watercourses renm~n unobstructed and stormwaters are not diverted from one watershed to another. ~his may require the con~Lruction of temporar~ drainage facilities or offsite coneLrua~lon and grading. A copy of the t~provement plans, grading plans and final map along with supporting hydrologic and hydraulic calculations should be submitted to the District via the Road Department for review and approval prior to recordation of the final map. Grading plans should be approved prior to issuance of grading permits. Riverside County Planning Department Rat Vesting Tract 23267 ,~osended 1~. 2 October 18, 1988 Oues~lons concerning this matter may~be referred to Bob Cullen of this office at 714/787-2333. ccz RAHPAC BCzbab Very truly yours, NNETH L. EDWARDS OHN H. KASHUBA enior Civil Engineer 9-9-88 IlL fl.tNIIIG DEPAR21~LrNT ~C~ 2~267 - AH~NDED 12 With respect to the conditions of approval for the above referenced land division, the Fir· DepartBent raceuneeda the foil.ins fire protection usesurea be provided in accordance with lAveraide County Ordinances and/or recessired fire protection ·tinderdo: FIAE Pi~OTF, C~ION Schedule "An fire protection approved standard fire hydrants, (6"x4"x2j") located ou· at each street intersection and spaced no Bore than 330 feet ·part in any direction, vltb us portion of any lot frontaSs sore than 165 feet free a hydrant, NAnbun fire flay oh·l! be XQQ0 GFH for 2 hours duration at 20 PSI. Applicaut~developsr shall fursAsh one copy of the vetor ayeten plans to the fire DepartBent for reviev. Plane shall confers to fire hydrant types, location end opec/nS..ud, the slates sffa].l neet the fire flay requireBents. Plans shall be · lsned/approved by · resistsred civil ansinear and the local rarer conpany,rtth the foil.ins eertificettout nl certify that the deolSu of the rarer eysteu is In accordance uith the requireHuts prescribed by the Liverside County Fire DeportBent? 3be requiredeter eyetee, incIndies fire hydrants, shall be installed and accepted by the ·pproFrhtenter asency prior to an7 coubustible buildins natariel beans placed on nindividuoA lot. Prior to therecarder/on of the fiual uap, the applicant/developer shall provide oAtsmate or ·scander7 access as approved by the County Road DepartBent. HITIGATIOH friar to the recordation of the final nap, the developer shall deposit vitb the PAverside County Fire Department, · cash sun of $400.00 per lot/unit as titilation for fire protection Lnpacto. Should the developer choose to defer the time of paysent, he/she nay enter AnCo a vritten airesBent vith the County deferriss said paysent to fid time of bsuance of a buildins perlAt. AA! queet~ous retardIns the meanInS of conditions oh~l~ be reforred to the FlameIns and gnlineerln IAYHOND H, REGIS Chief F~re Departueut Planner Georae S, Tatun, ~lanulns Officer iVEq iDE COUn u -PL rlrllrl( DEP4 :IQTIEri: October 12o 1988 Attenttmt: Hr. Robert C. ~nntng SUBJECT. A1qutst-Prtolo/Ltquefact Job No.: 07-6556-010-0~00 ~ Vesttng Tract 23267 ~ County Geologtc Re~rt No.488 I~ APN:926-OI6-OOZ,OO3,010,OlI,01Z,013 ~ ~ncho C~11forntl Arel ~' We have revtewd ~our report entttled "Fault Hazard and Preliminary ~eotechnlcal Investigation, 242~ Acres, Southwest of the intersection of Kargarita Road and State Htghway 79, Rancho California, R~verstde County, CA,' dated Februlr7 3, 1988, end your response to County seismic/geologic revtews, dated Apr1! 19, 1988, and July Z7, 1988. Your report detemlned that: Explorltor7 fault trenches 1,3 and 4 exposed fault offsets associated vtth t/w active ¥tldomr fault. The locatton of thts fault ts sho~m on Fanta ]J, 6eotechntcal Xap of ~our report. Z. l~e setsmlc data for the Elstnore (~11domr fault) Fault Zone located -N stta Is as follows: IMxfm~Probible Earthquakt -7.0 (11chter~gnltude) I~k ~xmd Acceleration - 0.63g i).rattm of Strong #orton - 30 seconds 3. The settlement potential under seismic_loading for the on-stte and kdrockmterlals ts moderate to ve~ l(w, respectively. o l~e potential for 11quafiction ts considered htgh tn the larger drilMge courses within Pauba and Volf V&lleys on the stte. Ll~uef~ctto~ my occur tn the fore of differential settlement, sand !mtlso.ud lateral sprtadlng. 408O LEMON STREET. ~ FLOOR FIVERSIDE, CALIFORNIA 92501 (/14) 787-6181 46-209 OASIS STREET, ROOM INDIO, CALIFORNIA 92 (619) 342'8 · Htfhland Sotls £nglnfirtnf -2- October 12, 1988 S. A Binor 1andsllde area may be located at the central portton of the stte, show on Plate IA, Geetechnical Pap. The elluvtll sotls generally are considered to have a low explnston · potential. ~he siltstones wtthtn the Pauta formtton on stte can be Boderat~ly to highly expansive. 7. The ffne gritned alluvta1 sotls tn the mJor drafnage courses are genera11~ compressible tn the upper ftve feet. 8. ~he current am designated as the 100oye&r floodplain for Temcula Creek exceeds ~he setsale-Induced flood 1nundarien area,that vould result durtng tnstlntlneous fatlure of Sktnner or Vat1 Reservoirs. Onl~ the lovest area of Paube Valley would be affected. 9. Ground fissure deve]opment ts considered a significant hazard vtthtn the southvest portton of the stte, due to the presence of acttve faulttag tn thts area. Your report raceemended that: 1. A SO foot settack zone from both stdes of the Vtldomr Fault Zone ts requtred for halart occupsnc~ structures. Thts setback ts designated on Plate IA, GeotKhtncal pap. 2. The folioring wtll mtttgate the liquefaction potential on thts stte: e. A coBpetted ftll mat along wttha gravel blanket and additional foottag reinforcement should be used for structures. b. Structural setbacks from tops of ftll slopes toetag tnto liquefaction prone areas should be used. c. L~teral spreading hazards along Paube Creek are litigated by the placement of Loma Ltnda Drtve and the 100 foot ~tde 8utldtng Setback area. Thts effects Lots 490-503 d. Grading along Temecula Creek wtll tnvolve the placement of upwards of ]Sleet o~ compacted ftll over the 8-10 feet of recmmnended alluvl&l rmovals, In order to nearly eliminate the potential for 11qgofectlon Induced loss of beIC!~9.~r s~n~ .bo11~. e. In erder to reduce a slight possibility or lateral spreading along Tmll Creek for Lots 160, 161, 174-176, 18S, 185, 189,-221, 223 end a24s either the twlldlng setbeck should be Increased to tvtce aM.slope Mtght or post-~enstoned slabs and additional foundation refofwcemnt for lots 205-221. f The ge~_chnlca] engineer ~hou~d.revt~ the pre~ect grading plans to develop a~y further Oeslgu 1nfOrllt1Ofi. 3. Allg~tal soils should be overexcavated tn the larger extsttng dratnage end carGM areas to e atnJmB depth of S feet. btere feastble total remove1 of loose a11uvtal sotls to bedrock ts racomended. As an alternative, settlement menumats and mnltorlng m~ be used tn the area vltk thfck I11uvluB. · Highlind Sotls Entngeertng -3- October 12, 1988 4. ~ddtttona! tnvesttgetlon of the posstble landslide located at the central portton of the stte t$ racomended prtor to stte gradtag. The SO foot huron occupancy setback to the northeast and the property bounds to the southvest of the located acttve fault vtll nttlgate the portearia1 huard of ground fissure developant on the stte. It ts our optnton that the report v~s prepared tn a competent manner consistent ~ ~e p~sent 's~~-the-irt' and satisfies ~e ~qulre~nts of ~e Alqutst-Prtolo S~ctal S~dtes ~nes Act, the associated Rtve~tde ~unt~ O~lnance No. 547, and additional tnfo~tton ~qutred under the Cl]tfo~la ~vt~wn~l ~allt~ ~t revt~. Ftnal apparel of ~ts ~port ts hereb~ gtven. ~ #e racomend that the folioring condttlons be satisfied before recordation of the ftnal parcel map or County penntts associated wtth thts project: The 'Fault Hazard Zone' shov~ on Plate IA, (Geotechntcal Hip) tn your report shall be delineated on the Environmental Constraints Sheet ([.C.S.), and the area tn betkeen the setback 1tries shall be labeled 'Fault Hazard Area.' note shall be placed on the E.C.S. st4ttng: "Thts property ts affected by earthquake faulting. Structures for human occupancy shall not be a11oved In the Fault Hazard Area. Thts constraint affects parcels 490 through 504, 602 and 603.' 3. Notes shall be placed on the ftnal land dtvtston mp stating: (a) 'County Geologtc Report No. 488 was prepared for thts property on Februar~ 3, 1988, and ts on file it the Riverside County Planntng Depertmnt. Spectftc 1tam Of concern tn this report art is foilors: acttve earthquake faulting, liquefaction, ground fissures, landsliding, setsmtc Induced flooding, and uncompacted trench backfill.' (b) 'Tht$ property ts affected by earthquake faulting. Structures for hu~lnoccupancy shall not be a11Md tn the Fault Hazard Area. The constraint effects parcels 490 through S04, 602 and 603, is shorn on the accompanying Envlronmntel Constraints Sheet, the ortglnal of vhlch ts on file at the offtce of the Riverside County Surveyor. 4~ A copy of the ftnll map and Environmental Constretnts Sheet shall be sulxnltted to the Planning Department £ngtneertng Geologist for revtev and approvll. Htghland Solls Enlngeerlng -4- October lZ, 1988 Se The explorltor~ trenches wre backfilled, but not compacted, and shall be coq)icted under the direction of the project geetechnical engtneer tf any structures ere conteep1&ted for construction over Iny portlons af these trenches. Ve~ ~r~ly yours, SAK:al c.c. Ranpa¢ - I:)l~e Dillon Ci~ - Earl Hart RIVERSIDE COUNTY PLANNING D£PARTN£NT Roger S. Streeter - Pl~hntng DIA~ector ~gtneertng Geo~oglsts // CEG-I~OS · ? / Building & SIfety - Norm Lostbm (2) Greg Nea! - Team I ECE E','EDNOV 8 1989 RiVER:biDE COUnt' PL, nnln DEPGRC i'I November R,lgSg Geo Soils, Inc. 5751 Palmer Way, Sutte O Carlsbad, California 92008 Attention: Mr. Robert 6. Crlsman Mr. Paul L. McClay Mr. Timothy E. Metcalfe SUBJECT: A1qutst-Prtolo Special Studtes Zone g. O. 994-S0 Tentative Tract 23267 APN: 926-016-002,003,010,011,012,013 County Geologtc Report No. 488 (update) Rancho California Area Gentlemen: We have revtewed your report entttled "Fault Investigation, Tract 23257, Old Vat1 Ranch, Riverside County, CA,' dated August 24, 1989. Your report determined that: 1. The Wtldomar fault, as previously Identified by Highland Soils Engineering, ts not present on the project site. e The fault contacts Indicated by Htghland Sotls Engineering are actually erostonal/stratigraphic contacts produced by deposition of recent alluvium or colluvIum agatnst bedrock of the Pauba formation along the margtn of the Wolf Valley a11uvtal plain. 3. There ts a lack of geomorphlc expression characteristics of faulttng on the stte. e Based on aertal photographs, the active trace of the ~tldomar fault, northwest of Pauba Valley, appears to bend eastward tn Pauba Valley an,'J die out east of the project site. Your report reconeended that there ts no need to place any fault related setback or restriction tn the study area. 4080 LEMON STREET, 9T" FLOOR 46-209 OASIS STREET, RO©, Geo Sotls, inc.' November 2, 1989 It ts our optnton that the report was prepared tn a competent manner consistent with the present "state-of-the-art" and satisfies the requirements of the Alquist-Prtolo Special Studies Zones Act and the associated Riverside County Ordinance No. 547. Ftnal approval of this report is hereby given. We recommend that the following condition be satisfied before issuance of any County pemlts associated with this project: Uncompacted exploratory trench backft11 shall be addressed by the Project Geotechnical Engineer prior to issuance of project grading permits. It should be noted that County Geologic Report No. 488 entitled "Fault Hazard and Preliminary Geotechntcal Investigation, 242t acres, Southwest of the intersection of Margarita Road and State Highway 79, Rancho California, Riverside County, CA.' dated February 3, 1988 was previously prepared for this property. Your report now supercedes only the fault setback aspects of that report. Very tru)y yours, RIVERSIDE COUNTY PL. ANNI~IG DEPARTHENT Roger S. Streeter Plahntng Dire?or / ,fY / , , /. ~teven A. kupferman ) / ~-- Engineering Geologist / / CEG-120S SAK:rd c.c. Crosby, Head, Benton &.Assoc. - Engineer COI~ - Earl Hart Building & Safety - Norm Losthom (2) Planning Team 1, Klm Johnson · ~-~ INTI#-DIIJAIITMINTAL LITTIN October 7, 1988 Greg Nell, P1an~ DepartJane George hlterte, Chtef Park Planner SUBJECT: TTZ3267,23299 01d Vatl Ranch, £IR 281 The County Parks Department has reYteMed the above referenced document and offers the folioring recommendations. Firks and Recreation Our department supports the extension of a ragtonal open space/natural green belt alon9 the Temecule Creek. Thts 1s consistent vtth other spectftc plans and deveIQpment along thts creek. Our depar~ent vt11 requtre an offer of dedication of thts itel be mde to the Parks Department on the f~n&l tract mips. (Regional Park 'A'.) Ragtoni1 Park 'B' ts actually & local park and ts located In a strategic posttJon to serve as a comunlty park. It does not qualify as a ragtonal park area due to Its 11mlted size; howvet, the htstortc adobe contained vtthtn thts Itel can be successfully preserved vtth · comuntty park setttng and Interpreted. Overall, the parks contained vtthtn thts development shova lack of large sports ftelds capable of accoaanodattng organized sports activities and thts need to be eximtnedo CMm~ntty and neighborhood parks should be developed to the satisfaction of the ]ocli county service area (CSA). Recreation Trills /~eglon·i Park 'A' along the Tamcull Creek correctly 1denttried the need for a prlmry equestrian tr&t1 Is shown. The tr·t1 locieton and development should As Indicated, on the attached exhtbtt No. 1., a Class I btc~cle line needs to I~ provtded for along the Temecula Creek. Thts should be developed to county standards and have connecting access to local street Class II btc~cle lanes. · Nr. Greg Nee1, Plenntng Department On the artecbed exhtbtt #o, 1, provision for access to the Temecula Creek by a secondary rtdtng and htktng Ira11 must be Incorporated thiO_the project. Thts vtll uttllze the proposed reinforced concrete box culvert under State Highway 79 and provtde access to the trails tn the creek for residents to the north of this project. Thts access/secondary Ira1! should be developed to a mtntuvldth 12 feet and to county standards. Coordination of the proposed undercrossing Improvemet ts requested by our department, _t.e., rip rap, placement and access, and mtntmum overhead clearance. (See attached data11.) Cultural/Historic Resources 'ine proposed site of the Old Vat1 Ranch project 1s tn an extremly sensitive trel for cultural resources. In the thorough culture1 resources assessment he prepared, archaeologist Christopher Drover discusses the htstortc tvo-story adobe Vat1 Ranch House and I large Lutseno Indian archaeological stte. The Parks Department's History Dirtsloe cormends Ranpac Engineering Corporation for Its sensitive consideration of these cultural resources tn the EXR. Ve concur vtth the proposed litigation measures of recovering artifacts from the archaeological sties and maktng these available to the pubItc tn an Interpretive center, and preserving the Vail Ranch House through rehabilitation end adapttve reuse. A Itbrary, comuntty center, sm111 museum or restaurant vould all be appropriate uses for the house, as vould be continued residential use tf properly maintained. In addition to the mitigation measures mentioned tn the mIR, the Parks Department requests full-time monitoring by a qualified archaeologist durtng the grading process. Thts ts essential due to the extreme likelihood of unknown archaeological resources exJsttng on the stte. If any hfstortc resources surface, Dt&ne Setder, Htstory Dfvtston Director, should be nottfted at (714)787-2551. Should you have questions regarding parks, recreation, or trat1 matters, please contact me or Harc Brewer of thts department. GB/1018G Paul Romero, Director, Parks Department Sam Ford, Deputy Director, Perks Department Diana Sirdar, History Dtvtston Director, Parks Department 141re Jreler~ Assistant Planner, Parks Department :liVE:U)iDE COUnt.urn -PLAnnino DEPA:tCfilEnt Assessor BuildSue ·rid Safety Survs7or - Dove Duds land DepartBent ~e·Xth - la]4~hLuche Fire froteat~ou FXood Control District Fish i Gane LAYCO, S fatsXey U,S. foetab Service - Ruth E. Davidson Rands Caltf. Vater Eastern ~unlctpal Vater Southern Caltf. Edison Southern Callf. Gas General TelepJone Dept. of Transportation 18 Temecula Elem~ Elsthere Unton High School Temecula Chamber o¢ CoMerca qt. Palomar $terra Club ValleyIda Parks County Avtatton Comtssloner Bresson RIVERelD'-- C,": :t;-Y PLANNING V~STZNG TRACT 23267 - (tu-X) - [.A. - ~notenAnertcau Corp. - Rancho - Rancho california Area - First Superv~sorta! D~atr~ct - South of 19 end Vest of Karprtta Road - leR Zone - Schedule A - [93.7 acres lute 506 lots - Concurrent Cases CZ SIS0, VTR 222. - Hod [20 - A.f, 026-160-010 to 026-016-002-003 County Parks ~Xease review the case described above. aXon$ vtth the attached Call up, A Land Divests· Connitres mittus has bee· tentstryon7 scheduled for Aprt! 28, 1988. Zf St clears, it vt[Z then So to pubic hearthS. s Tour toluenes and recounandattou are requested prior to Aprl! l&, [988 ~u order that ve nay ~nc~ude then In the staff report for th4- part~cuhr east. Should 7on have in7 questions riserdins ebb ~ten, pXeale do not hesitate to contact Gree ~ea! at 787-1363 fXaoner ¥eRLMTrnot 23267.should be required to annex to an appropriate aleneyuMch preyeden park and recreation serFices. Annexation n~tllete topeeta of Incre·sad population to he served and fees (pa-~ deveXopnent), she~l he used to acquire and develop · park site. prInt nine aud title Sinus1 #, Ooepp, ellTern1 4080 LEMON STREET, 9'" FLOOR HaMleT, Talley-Vide Retreattom 46-209 OASIS STREET, ROOh~ ' OCT 1,1 1988 RIVl:~.uc CUU~T¥ '~LANNING DEPARTMENT 15, 1988 Hr. Richard HacHott, 8uper¥tatng Pllnner Riv®ratde County Planning Department 4080 Lemon8treat, 9th Floor Riveraide, CA 92601 SUBJECT: Valttng Tentarty® Tract HaD Number 23267 Dear Hr. HacHott: The following e~,mertz®a our ftndinga r®gardtng the ftacal t.pact analyetl for the project 1dentilted above. The appendix attached lummartzel the beetc 1~8~ttonl ueed ~ ~11yltl. Pleue note thl~ these rilultl reflec~ the ~rrent layale ~. ~rvtce provt~d by the County baled Ft~1Yelr 1~88 - 1987 ectuel c~tl (per ce~tti fectorl) ~ ~per~n~l Ind Audt~r-Controller revtev of o~ritloni ~ factllty ~ for iervtce8 reYte~ed ultng ciee itudy ~lyete. S~ff ~ the Gr~th Ftecll ]~ec~ Tlik Force end ~rWntl~e currently revtevtng lervtce laYell provtded ~ the nM to tncreeee thl layale of lervtce. Currant' ft~tng, are ~1~ extettne layels of servtce ire not ~ua~ tn~t Cl.I. Should ~ deetred level of service ~ ~tllzed tn t~ ftlcll Inl~yltl perfo~d, tt ~ld ,t~tft~tly t~reue t~ ~ alexiated with ~Yelo~n~. COUNTY FtmD (Operattona ind. Nit ntenance) FZ8CAL IHPACT AFTER BUILDOUT CUHULATZVE FZSCAL ZHPACT AT BUZLDCXJT County Mner11 Flrt Free Ltbriry (810,$00) (,329) ($10,420) (*20,720) (,es8) 8UBTOTALOOUNTY Rold Fund (*80,200) *8,230 (836,804) 812,400 GRAND TOTAL (873,790) (*24,344) The following epectel ctrcumetancee ap91y to tht8 project: 1. The developer aeeum~ttone tncluded a factor of 2.1 I~ereone ~er dve111ng untt. CAO graff uttllzed a factor of 2.gg perBona per houeehold, whtch tl clo~er to the countywide iv®riga for thtl type of unit. 2. ¢AO ataff hu re¥teved 11brnry comte with Llbrary permonna1 end Incorporated actual o~erattona and m~tntenance the coata of providing the current level of eervtce, conetdertng the incfemme tn population, thta ~roJect ehould reeult tn on~ttm caD~l facility comte of ~7e,263 (]tbrary apace, vo1~e) and ongoing annual o~rattone end ~tntenan~ coe~ of ~14,694. Library e~aff ham indicated ~a~ the current 1ever of eervt~ ~e not adequate. 3. Flood Control et&ff has indicated that flood control factltttee conetructed within Zone ? are unlikely to be eufftctently funded for maintenance comte. Current eettmatee indicate that funding ehortagee ehould occur for the next ten yeare. Suggeeted mtttgatton meeaurea tnclude a ceeh daDogit by the project developer or uee of an age®sam, at mechente~. The Amount of daDogit would be determined by i preeent v&lue analyete and project ttmtng. The coat of maintaining flood control factltttee not be known until final deetgn phaeee, when f&ctltty h~ve b4~n fully identified. Flood Control graff therefore, condition proJect approv&le to identify a of financing facility maintenance end 'operation n, ceeaary) prior to recordation of aubcltvtetone. wtll neede wt11, mtlnl (if Based on the ~nalyete and aeeumtng that the everage melee price of the unite wtll be $142,$$5, overall Veering Tentative Tract 232e? will have a negative ftlC11 impact at buildout of $24,344. After buildout, thte project wtll have · n Jnnu-1 negative ftecal tm~act to the County of $73,970 at current layelm of eerYtCe. Review By: Review Approved By: ATTACHMENT III ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO. 281 The Riverside County Board of Supervisors certified Environmental Impact Report (EIR) No. 281 in conjunction with the approval of Change of Zone No. 5150 and Vesting Tentative Tract Map Nos. 23267 and 23299. The EIR included mitigation measures to reduce environmental impacts to levels of insignificance. Vesting Tentative Tract Map No. 26861 which supersedes Vesting Tentative Tract Map No. 23299 has 87 fewer residential units than Vesting Tentative Tract Map No. 23299 and therefore, will generate less traffic and result in reduced impacts to the environment and to public services and utilities. Vesting Tentative Tract Map No. 26861 will involve minimal grading and therefore, is unlikely that any additional amount of earth movement will result in any increased significant impacts. The Conditions of Approval are adequate to mitigate any potential impacts regarding drainage and non- renewable fossil resources to levels of insignificance. Pursuant to Section 15164 of the California Environmental Quality Act, this addendum has been prepared to demonstrate that the changes resulting from the proposed Change of Zone and New Vesting Tentative Tract Map and Revised Tentative Tract Map 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. By reducing the number of residential units, the new project will reduce the level of impacts on the environment and on public facilities and services. A:\VTM23267 II1-1 Case No.: Recommendation: ATTACHMENT IV STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION April 1, 1991 Revised Vesting Tentative Tract Map No. 23267 Prepared By: Richard Ayala Forward the following recommendations to the City Council: 1. RECOMMEND adoption of the addendum to EI R No. 281 for Revised Vesting Tentative Tract Map No. 23267; and 2. ADOPT Resolution No. 91-23 recommending approval of Revised Vesting Tentative Tract Map No. 23267. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: Presley of San Diego Crosby Mead Benton $ Associates Revised Vesting Tentative Tract Map No. 23267 is a proposal to subdivide 189.0 acres of land into 601 residential lots with approximately 57.8 acres of open space. This project is being processed concurrently with Change of Zone No. 5. South side of Highway 79 between Pala Road and Margarita Road. R-R (Rural Residential) North: R-A-5 South: A- 1 - 10 East: SP West: R- R ( ResidentialAgricu Itu ral, 5 Acre Minimum) (Light Agricultural, 10 Acre Minimum I (Specific Plan 217, Red Hawk ) ( Rural Residential l A: \VTM23267' I V- 1 PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: PROJECT STATISTICS: BACKGROUND: R-3 ( General Residential ) R-4 ( Planned Residential ) R-5 (Open Area Combining Zone, Residential Developments) 14.68 acres 189 acres 57.8 acres Vacant/Graded Land North: South: East: West: Low Density Single Family Existing Sod Farm Vacant/Single Family Tract Under Construction Vacant Single Family Total Lots: 601 Total Acres: 189 Min. Lot Size: 4,500 sq.ft. Density: 3.19 DU/AC On March 18. 1991, the Planning Commission continued this item in order to allow Staff the opportunity to provide additional information regarding open space maintenance. The subject property was originally a portion of the Old Vail Ranch. It is located along the south side of Highway 79 between Pala and Margarita Roads. The original application, Change of Zone No. 5150 was a request to change the zoning on 221.2 acres of land from R-R (Rural Residential), and R-5 (Open Area Combining Zone). This zone change was approved by the County of Riverside Board of Supervisors on October 20, 1988. However, due to an oversight by the County, the zone change was never given a second reading and, therefore, was never officially adopted. The applicant submitted a new application, Change of Zone No. 5, to the City of Temecula Planning Department on September 24, 1990. Revised Vesting Tentative Tract Map No. 23267 was submitted to the City of Temecula on December 21, 1990. On January 17, 1991, this project was reviewed by the Preliminary Development Review Committee (Pre-DRC) in order to informally evaluate the project and address any concerns, as well as suggesting possible modifications. The comments by the Pre-DRC included the following: A: \VTM23267 I V-2 Open Space Maintenance Traffic Impacts Access/Circulation Subsequent to the Pre-DRC meeting, Staff met with the applicant to discuss possible design modifications in order to address the Pre-DRC's concerns. On March 7, 1991, Revised Vesting Tentative Tract Map No. 23267 was reviewed at a Formal Development Review Committee (DRC) meeting; and, it was determined that Revised Vesting Tentative Tract No. 23267 met the DRC's concerns. PROJECT DESCRIPTION: This tract includes 189 acres of land with proposed R-4 and R-5 zoning. This subdivision contains 601 single family lots with 57.8 acres of open space. The minimum lot size is 4,500 square feet. The open space acreage contains 33.9 acres consisting of the Temecula Creek Flood Channel, which may have as joint use as a park in the future, two (2) neighborhood parks totaling 10.2 acres, and an 11.8 acre preserve for native vegetation and the original adobe ranch house. ANALYSIS: Revised Vesting Tentative Tract Map No. 23267 is situated along Highway 79 and will incorporate a 20 foot buffer between Highway 79 and the subject tract. The subject site along Highway 79 consists of approximately 148 single family lots with a minimum lot size of 4,500 square feet. The applicant is also proposing a one acre neighborhood park ( Lot 605) for this section of the project. This area is proposed to be zoned R-4 and R-5. T. he entire tract is bisected by the Temecula Creek ( Lot 604) which consists of approximately 33.9 acres and is zoned R-5. Subsequently, the possibility exists for the creek to be used by future residents as a regional park, but the joint use as a flood control system and park must be discussed and developed by and between the City and the Riverside County Flood Control District. A: \VTM23267 I V-3 The area south of the Temecula Creek is also zoned R-4 and R-5 and consists of 453 single family lots well over 4.500 square feet. This portion of the project is also incorporating a 10,7 acre regional park and a 1,1 acre lot for the old historic adobe house (Lot 603 and 609), In addition, the applicant is also providing a 9, 1 acre neighborhood park ( Lot 602) and may incorporate the existing secondary treated water reservoir for the adjacent sod farm into the park design. The secondary treated water is to be upgraded to tertiary treated in the near future, The revised map was submitted in order to change the grade of the development and to change the cul- de-sacs designed off of "S" Street in order to create a more efficient design. The revised map is not proposing any major circulation or lot changes. Instead. the revised map will aid to eliminate the need for a Home Owners Association (HOA), Currently the applicant is working with the CSD in order to determine the maintenance of the proposed open space lots and down slopes at property lines. Open Space The Temecula Community Service District has been in direct contact with the applicant in regards to the proposed open space maintenance issue, and has determined that the following dedicated lots are acceptable for City maintenance by means of an irrevocable easement deed: Lot No, 606 Lot No, 607 Lot No, 608 Lot No, 610 Lot No, 611 Lot No. 612 As for the well sites (Lots 185 and 574). the Community Service District recommends that these well sites be dedicated to the serving water district by means of a grant deed. A :\VTM23267 IV-4 Traffic I ml~acts The Transportation Engineering Staff has reviewed and accepted the findings and mitigation measures as specified in the traffic impact analysis prepared for revised Vesting Tentative Tract Map No. 23267 and has determined that the proposed project will have an impact to the existing road system. However, given the proposed mitigation measures, there will be no adverse unmitigable significant traffic impacts resulting from the development of this proposed project. Access and Circulation The portion of the project that abuts Highway 79 will have vehicular access via "A" Street la 100' streetl which in term has access to Highway 79. Additional access to the northern portion of the project will be provided by "B" Street lan 82' street with a 15' bike lanel which runs parallel to the Temecula Creek. Internal, 66' and 60' wide streets will provide access through this portion of the project. Access to the portion of the project south of the Temecula Creek will be provided by Loma Lynda Road (a 66' streetl which has access to Pala Road la 110' street). In addition, Via Cordoba la 66' street~ will provide access to the southeast portion of the project which will integrate with the existing Red Hawk Development. Internal 66' and 60' wide streets will provide access through this portion of the project. Both the Engineering and Traffic Engineering Staff, as well as the Planning Department Staff, have determined that the applicant's proposed access and circulation are acceptable. Gradincl The majority of the area south of Temecula Creek has been mass graded with some major infrastructure already being completed within the proposed street sections. The 10.7 acre open space is mostly sloping hillside and very little grading will occur within this area. The area north of Temecula Creek is rather flat and will require minimal grading for the project development. ^: \¥TM23267 I ¥-5 GENERAL PLAN/SWAP CONSISTENCY AND COMPATIBILITY: Vesting Tentative Tract Map No. 23267 has an acreage density of 3.2 units per acre. However, SWAP designates the entire flood control channel as recreational open space and therefore, this area is not included in the 2 to 5 unit per acre area. The portion of the map north of the flood channel maintains an average density of 4.8 units per gross acre. The area south of the channel maintains an average density of 4.0 dwelling units per gross acre. These densities conform to SWAP. This project does conform to the surrounding land uses in the area. The two approved specific plans to the east and south contain similar residential densities and minimum lot sizes as the subject property. These projects were approved under the plan previous to SWAP which allowed a slightly higher density. In addition, they contain over 6,000 housing units with similar characteristics to the proposed subject property. These plans have average densities between 5 and 6 DU/AC. The applicant is proposing to have an average density of only 4 units/acre. The properties to the west are currently designated for commercial in SWAP, along with the land along the south side of Highway 79 between the subject site and Margarita Road. Staff feels that by breaking the commercial strip along the highway with residential, the commercial will be concentrated at the corner of Margarita and Highway 79 where it is more desirable. Another specific plan, Murdy Ranch, is directly west of the subject site and it contains similar residential densities. The properties to the north are designated commercial in SWAP along Highway 79 and existing low density rural residential beyond ISantiago Estates). Staff feels that there will be no significant impact from the higher density residential along the south side of Highway 79 due to the physical break of the roadway and the commercial barrier along the north side of Highway 79. To provide a barrier to noise for the proposed development along the highway, Staff will require a significant landscaped buffer of 20 feet minimum. Therefore, Staff feels that the proposed development is logical and is consistent with the type of residential development that is found in the area, A: \VTM23267 I V-6 In conclusion, the proposed Revised Vesting Tentative Tract Map No. 23267 will likely be consistent with the future adopted General Plan for the City of Temecula. This proposal is a logical extension of residential development in the area and with the implementation of traffic mitigation measures for the development, there will be no significant impact on the surrounding area. ENVIRONMENTAL DETERMINATION: Environmental Impact Report No. 281 was completed on the subject property for Vesting Tentative Tract Map No. 23267. The report indicated a number of mitigation measures that must be implemented in order to reduce the impact of the project below a level of significance. These mitigation measures included a new 4-lane bridge on Pala Road over Temecula Creek, the channelization of Temecula Creek, and several other significant measures that have not currently been implemented. Therefore, Planning Staff recommends that an addendum to Environmental Impact Report No. 281 be adopted. A copy of which is attached. FINDINGS: The proposed density is consistent with the Southwest Area Plan land use designation. The proposed density of 3.19 units per acre is within the range of the SWAP designation of 2-5 units per acre. The proposed revised vesting tentative tract map is compatible with surrounding zoning, existing land uses in the vicinity, and approved projects. The proposed R-4 and R- 3 portions of the project adjacent to Highway 79 consist of higher densities and abuts future office commercial SWAP designation land uses. The lots situated south of the Temecula Creek are substantially larger than 4,500 square feet and abut specific plan areas such as Red Hawk, Vail Ranch and Murdy Ranch, which in term are similar in density and design. A: \VTM23267 I V-7 e The lot design and internal street layout are acceptable to the City Planning and Engineering Departments. All lots conform to the standards of their respective zones, and proposed street alignments are adequate to accommodate projected traffic volumes. Adequate public street access will be provided to every lot. The legal owner of record has offered to make all required dedications. Staff finds that site access will be adequate. Assessment District 159 will provide for street improvements on Pala Road and Highway 79, and four (4) access points to the site are shown on the map. There is a reasonable probability that the project will be consistent with the City's General Plan once adopted, in that the proposed density is consistent with the Southwest Area Plan land use designation, and the revised map is compatible with surrounding zoning, existing land uses in the vicinity, and approved subdivisions. It is unlikely that the proposed revised tentative map will constitute a substantial detriment to the future General Plan if the proposed subdivision is ultimately inconsistent with the plan. Surrounding zoning, existing land uses, and approved subdivisions are all residential. The project will not have a significant adverse affect on the environment. The County of Riverside Board of Supervisors certified EIR No. 281 in conjunction with the approval of Vesting Tentative Tract Map Nos. 23267, Vesting Tentative Tract Map No. 23299 and Change of Zone No. 5150. Revised Vesting Tentative Tract Map No. 23267 will not result in any new or substantially increased environmental impacts. The proposed project makes adequate provision for future passive or natural solar heating opportunities in that all proposed parcels have adequate southern exposure. A: \VTM23267 I V-8 10. 11. 12. 13. The project meets the requirements of Ordinance 348 and 460 in that all lots conform to the minimum size and dimension requirements of the zoning code and abut upon dedicated street. The proposed project includes adequate dedication for public parks in that it provides for 10.2 acres of public parks and 10.7 acre preserve for native vegetation. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety, and welfare. These findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. STAFF RECOMMENDATION: Based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval, the Planning Department Staff recommends that the Planning Commission: RECOMMEND adoption of the addendum to El R No. 281 for Revised Vesting Tentative Tract Map No. 23267; and e ADOPT Resolution No. 91- recommending approval of Revised Vesting Tentative Tract Map No. 23267. RA:ks Attachments: Resolution (Revised VTM No. 23267) Conditions of Approval (Revised VTM No. 23267) Addendum to EIR No. 281 Exhibits A. Revised Vesting Tentative Tract Map No. 23267 (Site Plan) A: \VTM23267 I V-9 RESOLUTION NO. 91-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF REVISED VESTING TENTATIVE TRACT MAP NO. 23267 TO SUBDIVIDE A 189 ACRE PARCEL INTO 601 SINGLE FAMILY RESIDENTIAL LOTS AND 5 OPEN SPACE LOTS LOCATED ALONG THE SOUTH SIDE OF HIGHWAY 79 BETWEEN PALA AND MARGARITA ROADS AND KNOWN AS ASSESSOR'S PARCEL NO. 926-016-002, 003, 012, 017, AND 025. WHEREAS, Presley of San Diego filed Revised Vesting Tentative Tract Map No. 23267 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Tentative Tract Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Revised Vesting Tentative Tract Map on April 1, 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 Revised Vesting Tentative Tract Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1, Findin.qs, 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 130) 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: \VTM2326T I V- 10 (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 applicablesrequirements 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 Revised Vesting Tentative Tract Map and is consistent with the SWAP and meet 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 recommending approval of 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 Revised Vesting Tentative Tract Map No. 23267 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. A: \VTM23267 I V- 11 (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. 460. no subdivision may be approved unless the following findings are made: 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 is 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:\VTM23267 IV-12 a) c) d) e) f) The proposed density is consistent with the Southwest Area Plan land use designation. The proposed density of 3.19 units per acre is within the range of the SWAP designation of 2-5 units per acre. The proposed revised vesting tentative tract map is compatible with surrounding zoning, · existing land uses in the vicinity, and approved projects. The proposed R-4 and R- 3 portions of the project adjacent to Highway 79 consist of higher densities and abuts future office commercial SWAP designation land uses. The lots situated south of the Temecula Creek are substantially larger than 4,500 square feet and abut specific plan areas such as Red Hawk, Vail Ranch and Murdy Ranch, which in term are similar in density and design. The lot design and internal street layout are acceptable to the City Planning and Engineering Departments. All lots conform to the standards of their respective zones, and proposed street alignments are adequate to accommodate projected traffic volumes. Adequate public street access will be provided to every lot. The legal owner of record has offered to make all required dedications. Staff finds that site access will be adequate. Assessment District 159 will provide for street improvements on Pala Road and Highway 79, and four (4) access points to the site are shown on the map. There is a reasonable probability that the project will be consistent with the City's General Plan once adopted, in that the proposed density is consistent with the Southwest Area Plan land use designation, and the revised map is compatible with surrounding zoning, existing land uses in the vicinity, and approved subdivisions. A: \VTM23267 I V- 13 g) It is unlikely that the proposed revised tentative map will constitute a substantial detriment to the future General Plan if the proposed subdivision is ultimately inconsistent with the plan. Surrounding zoning, existing land uses, and approved subdivisions are all residential. h) The project will not have a significant adverse affect on the environment. The County of Riverside Board of Supervisors certified EIR No. 281 in conjunction with the approval of Vesting Tentative Tract Map Nos. 23267, Vesting Tentative Tract Map No. 23299 and Change of Zone No. 5150. Revised Vesting Tentative Tract Map No. 23267 will not result in any new or substantially increased environmental impacts. The proposed project makes adequate provision for future passive or natural solar heating opportunities in that all proposed parcels have adequate southern exposure. j) The project meets the requirements of Ordinance 348 and 460 in that all lots conform to the minimum size and dimension requirements of the zoning code and abut upon dedicated street. k) The proposed project includes adequate dedication for public parks in that it provides for 10.2 acres of public parks and 10.7 acre preserve for native vegetation. I) The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health. safety, and welfare, m) These 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 Revised Vesting Tentative Tract Map is compatible with the health, safety and welfare of the community. A :\VTM23267 IV-14 SECTION 2. Environmental Compliance. The County of Riverside Board of Supervisors certified EIR No. 281 in conjunction with the approval of Vesting Tentative Tract Map No. 23267. Revised Vesting Tentative Tract Map No. 23267 will not result in any new or substantially increased environmental impacts. An addendum to EIR No. 281 is hereby recommended for adoption. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby approves Revised Vesting Tentative Tract Map No. 23267 for the subdivision of a 189 acre parcel into 601 single family residential lots and 5 open space lots located along the south side of Highway 79 between Pala and Margarita Roads and known as Assessor's Parcel No. 926-016-002, 003, 012, 017 and 025 subject to the following conditions: A. Attachment III, attached hereto. SECTION 4. PASSED, APPROVED AND ADOPTED this 1st day of April, 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 1st day of April, 1991 by the following vote of the Commission: AYES: 5 PLANNING COMMISSIONERS NOES: 0 PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS A: \VTM23267 I V- 15 CITY OF TEMECULA J CASE VICINITY MAP ) P.C. DATE CITY OF TEMECULA ~ z.. I"-,/ ~?" -6 _/ SP ZC $ P ZONE CZ ....... ,~v~~r~ ~/~., ZONE MAP P.C. DATE CITY OF TEMECULA THE MEADOWS SP 219 ,, ~ .?" ) '? VA D HAWI, SP*~II? gWAP MAP CASE NO. P.C. DATE ,i liramira I 0 CASE NO.: ATTACHMENT V CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST Revised Vestinq Tentative Tract Map No. 23267 The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan (K-Rat) Parks and Recreation (Quimby) Public Facility ( Traffic Mitigation ) Public Facility ( Traffic Signal Mitigation ) Public Facility ( Library ) Fire Protection Flood Control (ADP) Condition of Approval Condition No. 24 Condition No. 25 Condition No. 54 Condition No. 42 Condition No. 22(a) Letter Dated January 29 ,1991 Condition No. 49 A:VTM23267-A V-1 PLANNING COMMISSION MINUTES APklL 1, 1991 REVISED VESTING TENTATIVE TRACT MAP NO. 2325? 3.1 Proposal to revise Vesting Tentative Tract Map No. 23267 for the development of 601 residential lots. Located on Highway 79 between Pala Road and Margarita Road. CHAIRMAN CHINIAEFF opened the public hearing at 6:30 P.M. RAY CASEY, 12120 Milano, San Diego, representing Presley of San Diego, discussed various issues relating to the parks within the project. Mr. Casey stated that if the Commission choose to not accept park "B", then the HOA would like that designated a private park. He added that there had been recent discussion with the CSD regarding the Quimby Fees; however, he requested to postpone final commitment of those fees to prior to recordation of the map. COMMISSIONER FORD asked various questions of Mr. Casey regarding the parks, etc.; however, he had a specific question if the applicant would be willing to accept the design and approval of the Pala Road bridge by the 240th unit. RAY CASEY stated that he would agree to a condition requiring the design and approval of the Pala Road bridge. CHAIRMAN CHINIAEFF sugqested the following wording for Item No. 2, "prior to the occupancy of the 240th unit, the plans for the Pala Road Bridge will be updated, checked and in place". GARY KING, City of Temecula CSD, answered some of the Commission's concerns regarding the City's position on the park areas in this project. CHAIRMAN CHINIAEFF questioned if going back to a HOA project would pose any problems for the Fire Department. MIKE GRAY, Riverside County Fire Department, advised the Commission that they would not have any problem in dealing with a HOA. Me added that he would like to see the Commission condition any dissolving of the HOA has be go through the City of Temecula Planning Director. COMMISSIONER HOAGLANDmoved to close the public hearing at 7:25 P.M. and recommend Adoption of the addendum to EIR No. 281 for Revised Vesting Tentative Tract Map No. 23267; and Adopt Resolution No. 91-¢next) recommending approval of Revised Vesting Tentative Tract Map No. 23267, with PCMIN4/01/91 -4- April 4, 1991 PLANNING COMMISSION MINUTES APRIL 1, 1991 modifications to Condition 20E and recommend that the City not accept any of the parks within this project because they are sub-standard, and that Condition 61(B-2) stating that the plans for the Pala Road and bridge realignment will be designed, reviewed and approved by the City of Temecula and other appropriate agencies. Plans shall be prepared in a format that is approved by the City Engineer, seconded by COMMISSIONER FAHEY. COMMISSIONER FORD requested regional park "A" be available for future consideration to be incorporated in a City park system. COMMISSIONER HOAGLANDamended his motion to recommend that the City may want to consider accepting park "A" as an easement if it demonstrates standards to be included in a City park system, COMMISSIONER FAHEY concurred. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None 4.~TING TENTATIVE TRACT MAP NO. 26861 · 4.1~Proposal to plan for the development of 147 deta4 ~dominium project. Located on Highway 79 RoUnd Margarita Road. CHAI~INIAEFF opened the public hear RAY CASEY, ~120 Milano, San Diego, of San Diego 'ave a brief descr~ that were wo out with staff Pala at 7:30 P.M. g Presley of the revisions this item. At the last hearinc [or thJ requested to make an of the Temecula ' Assistant City applicant and the ordinance was require have to have , the City Attorney was on the apparent conflict , section 18.5 and 18.11. CAVANAUGH advised the that the intent of the these condominium units square feet f ground area. Mr. advised the that, because it is the Cj~ Attorney office's legal [on that the 1,000 mig/4~um-square foot requirement applie~ the applicant /oduld. possibly apply for a variance to thesquare footage ~requirement- ~ ~CMIN4/01/91 -5- Apr il~, 1991 ITEM NO. 23 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department May 14. 1991 Change of Zone No, 5 PREPARED BY: RECOMMENDATION: Richard Ayala 1. ADOPT the Addendum to EIR No. 281 for Change of Zone No. 5; ADOPT Resolution No. 91- Zone No. 5; and approving Change of INTRODUCE and read by title only Ordinance No. 90- : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING ZONE NO. 5 TO CHANGE THE ZONING ON 221.2 ACRES OF LAND FROM R-R (RURAL RESIDENTIAL) TO R-3, R-4, AND R-5 ALONG THE SOUTH SIDE OF HIGHWAY 79 BETWEEN PALA AND MARGARITA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 926-016-002, 003, 012, 017, AND PORTIONS OF 926-016-025. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: Presley of San Diego Crosby Mead Benton & Associates Change of Zone No. 5 proposes to change the zoning on 221.2 acres of land from R-R (Rural Residential) to R-3, R-4, and R-5. A:CZ 5-A 1 LOCATION: EXISTING ZONING: SURROUNDING ZONING: EXISTING LAND USE: PROJECT STATISTICS: South side of High 79 between Pala Road and Margarita Road. R-R IRural Residential~ North: R-A-5 South: A- 1 - 10 East: SP West: R-R ResidentialAgricultural · 5 Acre Minimum) Light Agricultural · 10 Acre Minimural ISpecific Plan No. 217, Red Hawk I Rural Residential I Vacant Total Project Site: Total Proposed Development: Total Density: Single Family Total Lots: Total Acres: Min. Lot Size: Density: Multi-Family Total Units: Total Acres: Density: Acreage Designated by Proposed Zones: R-3 IGen. Res.) R-4 ~Planned Res.) R-5 I Open Area Combination Zone-Res. Develop. I 221.2 gross acres 746 units 3.7 601 189 4,500 sq.ft. 3.19 DU/AC 145 14.68 9.9 DU/AC 14.68 acres 189 acres 57.8 acres BACKGROUND: On April 1, 1991, Change of Zone No. 5 was presented before the City of Temecula Planning Commission and was approved by a 4-1-0 vote based on the analysis and findings contained in the Staff Report and subject to the attached Conditions of Approval. It should also be noted that this project is being processed in conjunction with Revised Vesting Tentative Tract Map No. 23267 (a 601 square foot residential development) and Vesting Tentative Tract Map No. 26861 (a 145 unit detached condominium development). A: CZ 5~A 2 However, Vesting Tentative Tract Map no. 26861 is currently being reviewed by Planning Staff and has not yet received an action from the Planning Commission. Therefore, only Change of Zone No. 5 and Revised Vesting Tentative Tract Map No. ]23267 are forwarded at this time for City Council action. STAFF RECOMMENDATION: RA:ks Attachments: 2. 3. 4. o Planning Department Staff recommends that the City Council: 1. ADOPT the Addendum to EI R No. 281 for Change of Zone No. 5; 2. ADOPT Resolution No. 91- approving Change of Zone No. 5; and INTRODUCE and read by title only Ordinance No. 90- : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING ZONE NO. 5 TO CHANGE THE ZONING ON 221.2 ACRES OF LAND FROM R-R ( RURAL RESIDENTIAL) TO R-3, R-4, AND R-5 ALONG THE SOUTH SIDE OF HIGHWAY 79 BETWEEN PALA AND MARGARITA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 926-016-002, 003, 012, 017, AND PORTIONS OF 926-016-025. Resolution Addendum to EIR No. 281 Ordinance Planning Commission Staff Report dated April 1, 1991 Planning Commission Minutes dated April 1, 1991 A:CZ 5-A 3 Notice of Public Hearing THE CITY OF TEMECULA 43172 Business Park Drive Temecula, California 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. 5 Presley of San Diego South Side of Highway 79 between Pala Road and Margarita Road Change the Zoning on 221.2 Acres of Land from R-R to R-3, R-4 and R-5 Adopt Addendum to EIR No. 281 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 correspondence delivered to the City Council at, or prior to, the public hearing(s). The proposed project application(s) may be viewed at the public information counter, Temecula City Hall, 43180 Business Park Drive, Monday through Friday from 9:00 AM until 4:00 PM. Questions concerning the project(s) may be addressed to Richard Ayala, City of Temecula Planning Department (714) 694-6400. PLACE OF HEARING: Temporary Temecula Community Center 27475 Commerce Center Drive Temecula. California 92390 DATE OF HEARING: TIME OF HEARING: Tuesday. May 14. 1991 7:00 PM -7- ATTACHMENT I RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CHANGE OF ZONE NO. 5 TO CHANGE THE ZONING ON 221.2 ACRES OF LAND FROM R- R (RURAL RESIDENTIAL) TO R-3, R-q, AND R-5 ALONG THE SOUTH SIDE OF HIGHWAY 79 BETWEEN PALA AND MARGARITA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 926-016-002, 003, 012, 017, AND PORTIONS OF 926- 016-025. WHEREAS, Presley of San Diego filed Change of Zone No. 5 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 application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Change of Zone on April 1, 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; WHEREAS, the City Council conducted a public hearing pertaining to said Change of Zone on May 14, 1991, at which time interested persons had opportunity to testify either in support or opposition to said Change of Zone; and WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding the Change of Zone; 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 :-- 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. A:CZ 5-A 1 (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. makes the following findings, to wit: a) The proposed zone change will not have a significant adverse effect on the environment, as determined in the Environmental Impact Report for this project. b) There is a reasonable probability that the zone change from R-R to R-3, R-4, and R-5 will be consistent with the future General Plan. Further, densities and uses proposed are similar to existing densities and uses in the vicinity of the project site. c) There is not a reasonable probability of substantial detriment to, or interference with, the future and adopted General Plan, if the proposed use or action is ultimately inconsistent with the plan due to the fact that the proposal is consistent with surrounding land uses. A: CZ 5-A 2 d) The proposed change in district classification is reasonable and beneficial at this time as it is a logical expansion of residential uses which exist adjacent to, and in the vicinity of, the project site. e) The proposed change in district classification will likely be consistent with the goals, policies and action programs which will be contained in the General Plan when it is ultimately adopted. The density and land use proposed are consistent with the Southwest Area Plan and approved and proposed adjacent specific plans. f) The site of the proposed change in district classification is suitable to accommodate all the land uses currently permitted in the proposed zoning district as it is of adequate size and shape for the proposed residential use. Possible land use conflicts are not likely to arise as the project proposes residential uses similar to those existing in the general vicinity of the subject site. g) Adequate access exists for the proposed residential land use from Highway 79, Margarita Road, and Pala Road. Additional internal access and required road improvements to proposed lots will be designed and constructed in conformance with Riverside County standards. h) That said findings are supported by analysis, minutes, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. D. The Change of Zone is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. The County of Riverside Board of Supervisors certified EIR No. 281 in conjunction with the approval of Change of Zone No. 5150. Change of Zone No. 5 will not result in any new or substantially increased environmental impacts. An addendum to EIR No. 281 is hereby recommended for adoption. A:CZ 5-A 3 SECTION 3. That the City of Temecula City Council hereby approves Change of Zone No. 5 to change the zoning on 221.2 acres of land from R-R to R-3, R-4, and R-5 along the south side of Highway 79 between Pala and Margarita Roads and known as Assessor's Parcel No. 926-016-002, 003, 012, 017, and Portions of 926-016-025. Resolution. SECTION 4~. The City Clerk shall certify the adoption of this PASSED, APPROVED AND ADOPTED this 14th day of May, 1991. Rt ~LD 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 l~th day of May, 1991 by the following vote of the Commission: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS JUNE S. GREEK CITY CLERK A: CZ 5-A 4 ATTACHMENT I I ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO. 281 The Riverside County Board of Supervisors certified Environmental Impact Report (EIR) No. 281 in conjunction with the approval of Change of Zone No. 5150 and Vesting Tentative Tract Map Nos. 23267 and 23299. The EIR included mitigation measures to reduce environmental impacts to levels of insignificance. Vesting Tentative Tract Map No. 26861 which supersedes Vesting Tentative Tract Map No. 23299 has 87 fewer residential units than Vesting Tentative Tract Map No. 23299 and therefore, will generate less traffic and result in reduced impacts to the environment and to public services and utilities. Vesting Tentative Tract Map No. 26861 will involve minimal grading and therefore, is unlikely that any additional amount of earth movement will result in any increased significant impacts. The Conditions of Approval are adequate to mitigate any potential impacts regarding drainage and non- renewable fossil resources to levels of insignificance. Pursuant to Section 15164 of the California Environmental Quality Act, this addendum has been prepared to demonstrate that the changes resulting from the proposed Change of Zone and New Vesting Tentative Tract Map and Revised Tentative Tract Map 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. By reducing the number of residential units, the new project will reduce the level of impacts on the environment and on public facilities and services. A: \5. CZ ATTACHMENT II I ORDINANCE NO. 91- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE OF ZONE APPLICATION CONTAINED IN DEVELOPMENT PERMIT NO. 5, CHANGING THE ZONE FROM R-R (RURAL RESIDENTIAL) TO R-3, R-4, AND R-5 ALONG THE SOUTH SIDE OF HIGHWAY 79 BETWEEN PALA AND MARGARITA ROADS AND KNOWN AS ASSESSOR'S PARCEL NO. 926-016-002, 003, 012, 017, AND PORTIONS OF 926-016-025. THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Public hearings have been held before the Planning Commission and City Council of the City of Temecula, State of California, pursuant to the Planning and Zoning law of the State of California, and the City Code of the City of Temecula. The application land use district as shown on the attached exhibit is hereby approved and ratified as part of the Official Land Use map for the City of Temecula as adopted by the City and as may be amended hereafter from time to time by the City Council of the City of Temecula, and the City of Temecula Official Zoning Map is amended by placing in affect the zone or zones as described in Change of Zone No. 5 and in the above title, and as shown on zoning map attached hereto and incorporated herein. SECTION 2. Notice of Adoption. Within 10 days after the adoption hereof, the City Clerk of the City of Temecula shall certify to the adoption of this ordinance and cause it to be posted in at least three public places in the City. SECTION 3. Taking Effect. This ordinance shall take effect 30 days after the date of its adoption. PASSED. APPROVED AND ADOPTED this ~day of , 1991. ATTEST: Ronald J. Parks, Mayor June S. Greek, City Clerk [SEAL] A: CZ 5-A CITY OF TEMFCULA CITY COUNCIL MAP NO: Z CHANGE OF ZONE NO: ORDINANCE NO: 91- ADOPTED: EFFECTIVE: RANCHO C,~L,"£-Ofe,~4A AREA (TEMECULA RANCHO ANO LITTLE TEMECULA RANCHO) PRO,I£CTEO SEC 17, S£C 20 ~ ..c£C 21 T. $S., R2W, S. BS. (~ kZ 4,, R-5 R-4 A: CZ 5-A R-5 LEGEND I OWELLINGS I OPEN All[~ COMEIINItiG Z~E- R- 5 ~SIO[NllAL (~EVEIOP~NT$ STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION April 1. 1991 Case No.: Change of Zone No. 5 Prepared By: Richard Ayala Recommendation: Forward the following recommendations to the City Council: 1. RECOMMEND ADOPTION of the addendum to EIR No. 281 for Change of Zone No. 5. and; 2. ADOPT Resolution No. 91-2:2 recommending approval of Change of Zone No. 5. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: Presley of San Diego Crosby Mead Benton $ Associates Chanqe of Zone No. 5 Change of Zone No. 5 is a proposal to change the zoning on 221.2 acres of land from R-R (Rural Residential) to R-3, R-4, and R-5. Revised Vesting Tentative Tract Map No. 23267 and Vesting Tentative Tract Map No. 26861 are being processed concurrently with Change of Zone No. 5. South side of Highway 79 between Pala Road and Margarita Road. R-R (Rural Residential) North: R-A-5 South: A- 1 - 10 East: SP West: R- R ( ResidentialAgricu Itural, 5 Acre Minimum) (Light Agricultural, 10 Acre Minimum) (Specific Plan 217, Red Hawk) ( Rural Residential) A:\5.CZ 1 PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: PROJECT STATISTICS: BACKGROUND: R-3 ( General Residential ) R-4 I Planned Residential) R-5 (Open Area Combining Zone, Residential Developments) 14.68 acres 189 acres 57.8 acres Vacant/Graded Land North: South: East: West: Low Density Single Family Existing Sod Farm Vacant/Single Family Tract Under Construction Vacant Total Project Site: Total Proposed Development: Total Density: Single Family Total Lots: Total Acres: Min. Lot Size: Density: Multi-Family Total Units: Total Acres: Density: Acreage Designated By Proposed Zones: R-3 IGen. Res.) R-4 J Planned Res.) R-5 (Open Area Combination Zone-Res. Develop. ) 221.2 gross acres 746 units 3.7 601 189 4,500 sq.ft. 3.19 DU/AC 145 14.68 9.9 DU/AC 14.68 acres 189 acres 57.8 acres On March 18, 1991, the Planning Commission continued this item in order to allow Staff the opportunity to provide additional information regarding Revised Vesting Tentative Tract Map No. 23:~67 J RVTTM23267) and VTTM 26861. The subject property was originally a portion of the Old Vail Ranch. It is located along the south side of Highway 79 between Pala and Margarita Roads. The original application, Change of Zone No. 5150 was a request to change the zonin9 on 221.2 acres of land from R-R I Rural Residential), and R-5 (Open Area Combining Zone). This zone change was approved by the County of Riverside Board of Supervisors on October 20, 1988. However, due to an oversight by the County, the zone change was never given a second readin9 and, therefore, was never officially adopted. The applicant submitted a new A: \5. CZ 2 PROJECT DESCRIPTION: application. Change of Zone No. 5. to the City of Temecula Planning Department on September 24, 1990. The applicant is proposing to change the zone on 221.5 acres of land in the former Old Vail Ranch. The proposal is identical to the original Zone Change No. 5150. The land use breakdown is as follows: R-3, General Residential - 14.68 gross acres. This zoning permits multi-family dwellings. R-4, Planned Residential - 130.8 gross acres. This zoning permits single-family and multi- family dwelling units incorporating open space. This allows for a smaller minimum lot size provided open areas are developed and maintained for residents. R-5, Open Area Combining Zone, Residential Developments - 57.8 gross acres. This zone allows for the development of parkland uses. The proposed zoning will be consistent with the surrounding projects to the east and the proposed project to the south, which are specific plans Red Hawk, Vail, and Murdy. Vesting Tentative Tract No. 26861 is proposed within the area zoned R-3 and will maintain a density of 9.9 DU/AC. Revised Tentative Tract No. 23267 is proposed for the area to be zoned R-4 and R-5 and maintains a density of 3.2 dwelling units per acre including open space. The average density of the two tracts combined will be 3.7 units/acre including the flood control channel. ANALYSIS: The original Change of Zone 5150 for the overall project was never adopted by the Riverside County Board of Supervisors. The supervisors conducted the first reading of the zone change ordinance, but never held the second reading which is required for a zoning ordinance to be finalized. Therefore. the applicant has submitted Change Zone No. 5 which is identical to the original Change of Zone No. 5150. The subject site is located south of Highway 79 between Pala Road and Margarita Road and is presently partially graded and vacant. The subject A:\5.CZ 3 GENERAL PLAN/SWAP CONSISTENCY AND COMPAT I B ILI TY: site is currently zoned R-R (Rural Residential) and designated 2-5 DU/AC by the SWAP (Southwest Area Community Plan ) map. Surrounding properties adjacent to Highway 79 are designated by SWAP as being OC (Office Commercial) uses. Currently there are approved specific plans (Vail Ranch, Red Hawk and Murdy Ranch) situated south and southeast of the subject site, which consists of similar developments and densities being proposed by the applicant. The applicant is proposing to zone the area adjacent to Highway 79, R-4 and R-3, due to the proposed density of the project for those areas. However, the project will incorporate a 20 foot buffer along Highway 79 to act as a noise buffer. Staff has reviewed the proposed zoning for the area adjacent to Highway 79 and has found it to be acceptable due to the density being proposed and its proximity to Highway 79. The R-3 site provides a transition from the commercial zoning to the east to the R-4 site to the west. The center area of the project is composed of R-5 and R-4 zoning. The applicant is proposing R-5 zoning between the higher density to the north and lower density to the south in order to act as a buffer for the transition of density. The flood control channel is also being zoned R-5. The proposed project has adequate open space area and is consistent with adjacent existing approved and proposed developments to the south and southeast (Specific Plan - Red Hawk, Vail Ranch and Murdy Ranch). The proposed zone change would greatly increase the density of the subject property from 2 dwelling units per acre to 3 to 10 dwelling units per acre. The Southwest Area Community Plan (SWAP) designates the subject property at a density of 2 to 5 units per acre. Combined, the density of the two tracts I VTM 23267 and VTM 26861) would be 4.1 dwelling units per acre. This is in conformance with the current SWAP designation of 2-5 units per acre. SWAP designates the entire flood control channel as recreational open space and therefore. this area is A: \5. CZ 4 not included in the 2 to 5 unit per acre area. The portion of the map north of the flood channel maintains an average density of q. 8 units per gross acre. The area south of the channel maintains an average density of 4.0 dwelling units per gross acre. These densities conform to SWAP. This project does conform to the surrounding land uses in the area. The two approved specific plans to the east and south contain similar residential densities and minimum lot sizes as the subject property. These projects were approved under the plan previous to SWAP which allowed a slightly higher density. In addition, they contain over 6,000 housing units with similar characteristics to the proposed subject property. These plans have average densities between 5 and 6 DU/AC. The applicant is proposing to have an average density of only 4 units/acre. The properties to the west are currently designated for commercial in SWAP, along with the land along the south side of Highway 79 between the subject site and Margarita Road. Staff feels that by breaking the commercial strip along the highway with residential, the commercial will be concentrated at the corner of Margarita and Highway 79 where it is more desirable. Another specific plan, Murdy Ranch, is directly west of the subject site and it contains similar residential densities to the proposed zone change. The properties to the north are designated commercial in SWAP along Highway 79 and existing low density rural residential beyond I Santiago Estates). Staff feels that there will be no significant impact from the higher density residential along the south side of Highway 79 due to the physical break of the roadway and the commercial barrier along the north side of Highway 79. To provide a barrier to noise for the proposed development along the highway, Staff will require a significant landscaped buffer of 20 feet minimum. Therefore, Staff feels that the zone change on the subject property is a logical extension of the type of residential development that is found in the area. Circulation This residential proposal will significantly increase the residential densities in the immediate area and this will have an impact on the surrounding circulation system. Currently, there are traffic impacts at the Pala Road and Highway 79 A:\5.CZ 5 intersection, and Highway 79 has not been improved to its full planned 6 lane right-of-way. These improvements are to be constructed through Assessment District No. 159. In addition, the environmental impact report for the project specifically states that a new bridge on Pala Road over Temecula Creek shall be constructed to mitigate traffic impacts. However, the Assessment District improvements do not include a new bridge on Pala Road. Therefore, the bridge will have to be constructed before the units are occupied. To further mitigate traffic impacts, the proposed development would require signalization of an intersection along Highway 79. In conclusion, the proposed zone change and Revised Vesting Tentative Tract Map No. 23267 will likely be consistent with the future adopted General Plan for the City of Temecula. This proposal is a logical extension of residential development in the area and with the implementation of traffic mitigation measures for the development, there will be no significant impact on the surrounding area. ENVIRONMENTAL DETERMINATION: Environmental Impact Report No. 281 was completed on the subject property for Change of Zone No. 5150, The report indicated a number of mitigation measures that must be implemented in order to reduce the impact of the project below a level of significance. These mitigation measures included a new 4-lane bridge on Pala Road over Temecula Creek, the channelization of Temecula Creek. and several other significant measures that have not currently been implemented, Therefore. Planning Staff recommends that an addendum to Environmental Impact Report No. 281 be adopted· A copy of which is attached. FINDINGS: e The proposed zone change will not have a significant adverse effect on the environment. as determined in the Envi tonmental Impact Report for this project, There is a reasonable probability that the zone change from R-R to R-3. R-4, and R-5 will be consistent with the future Ceneral Plan, Further. densities and uses proposed A: \5. CZ 6 are similar to existing densities and uses in the vicinity of the project site. There is not a reasonable probability of substantial detriment to, or interference with, the future and adopted General Plan, if the proposed use or action is ultimately inconsistent with the plan due to the fact. that the proposal is consistent with surrounding land uses. The proposed change in district classification is reasonable and beneficial at this time as it is a logical expansion of residential uses which exist adjacent to, and in the vicinity of, the project site. The proposed change in district classification will likely be consistent with the goals, policies and action programs which will be contained in the General Plan when it is ultimately adopted. The density and land use proposed are consistent with the Southwest Area Plan and approved and proposed adjacent specific plans. The site of the proposed change in district classification is suitable to accommodate all the land uses currently permitted in the proposed zoning district as it is of adequate size and shape for the proposed residential use. Possible land use conflicts are not likely to arise as the project proposes residential uses similar to those existing in the general vicinity of the subject site. Adequate access exists for the proposed residential land use from Highway 79, Margarita Road, and Pala Road. Additional internal access and required road improvements to proposed lots will be designed and constructed in conformance with Riverside County standards. That said findings are supported by analysis, minutes, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. A: \5. CZ 7 STAFF RECOMMENDATION: Based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. the Planning Department Staff recommends that the Planning Commission: RECOMMEND ADOPTION of the addendum to EIR No. 281 for Change of Zone No. 5; and o ADOPT Resolution No. 91- recommending approval of Change of Zone No. 5. RA:ks Attachments: Resolution (Change of Zone No. 5) Addendum to EIR No. 281 Exhibits A. Change of Zone No. 5 A: \5. CZ 8 ATTACHMENT I RESOLUTION NO. 91- 22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF ZONE CHANGE NO. 5 TO CHANGE THE ZONING ON 221.2 ACRES OF LAND FROM R-R (RURAL RESIDENTIAL) TO R-3, R-4, AND R-5 ALONG THE SOUTH SIDE OF HIGHWAY 79 BETWEEN PALA AND MARGARITA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 926-016-002, 003, 012, 017, PORTIONS OF 926-016-025. WHEREAS, Presley of San Diego filed Change of Zone No. 5 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 application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Change of Zone on April 1, 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 recommend approval of said Change of Zone; 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: (11 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:\5.CZ 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, (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 Change of Zone is consistent with the SWAP and does meet 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, 12) 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 Change of Zone No. 5 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. A:\5.CZ 10 The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. (1) Pursuant to Section 6.5, no Change of Zone may be approved unless the applicant demonstrates the proposed use will not be detrimental to the health safety and welfare of the community, and further, that any Zone change approved shall be subject to such conditions as shall be necessary to protect the health, safety and general welfare of the community. {2 ) The Planning Commission in recommending approval of the proposed Tentative Tract Map, makes the following findings to wit: a) The proposed zone change will not have a significant adverse effect on the environment, as determined in the Environmental Impact Report for this project. b) There is a reasonable probability that the zone change from R-R to R-3. R-4, and R-5 will be consistent with the future General Plan. Further, densities and uses proposed are similar to existing densities and uses in the vicinity of the project site. c) There is not a reasonable probability of substantial detriment to, or interference with, the future and adopted General Plan, if the proposed use or action is ultimately inconsistent with the plan due to the fact that the proposal is consistent with surrounding land uses. d) The proposed change in district classification is reasonable and beneficial at this time as it is a logical expansion of residential uses which exist adjacent to, and in the vicinity of. the project site. e) The proposed change in district classification will likely be consistent with the goals. policies and action programs which will be contained in the General Plan when it is ultimately adopted. The density and land use proposed are consistent with the Southwest Area Plan and approved and proposed adjacent specific plans. A:\5.CZ 11 f) The site of the proposed change in district classification is suitable to accommodate all the land uses currently permitted in the proposed zoning district as it is of adequate size and shape for the proposed residential use. Possible land use conflicts are not likely to arise as the project proposes residential uses similar to those existing in the general vicinity of the subject site. g) Adequate access exists for the proposed residential land use from Highway 79, Margarita Road, and Pala Road. Additional internal access and required road improvements to proposed lots will be designed and constructed in conformance with Riverside County standards. h) That said findings are supported by analysis, minutes, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. SECTION 2. Environmental Compliance. The County of Riverside Board of Supervisors certified EIR No. 281 in conjunction with the approval of Change of Zone No. 5150. Change of Zone No. 5 will not result in any new or substantially increased environmental impacts. An addendum to EIR No. 281 is hereby recommended for adoption. SECTION 3, That the City of Temecula Planning Commission hereby recommends approval of Zone Change No. 5 to change the zoning on 221.2 acres of land from R-R to R-3, R-4, and R-5 along the south side of Highway 79 between Pala and Margarita Roads. SECTION 4. PASSED, APPROVED AND ADOPTED this 1st day of April, 1991. DENNIS CHINIAEFF CHAIRMAN A:\5.CZ 12 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 1st day of April, 1991 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: 1 PLANNING COMMISSIONER ABSENT: PLANNING COMMISSIONERS A:\5.CZ 13 PLANNING CO~MISSION MINUTES A/~/X. 1, ]991 JXM DO~O OE, City of Temecula Pol~ Sergeant, provided CO~ISSI~ER HOAG~ved. tha~he Planning Co~ission reco~end ~ the ~ u~cil that the revised ordinance be adopt~/onded by ~IONER F~EY. ~ CO~ISSIONERS: ~ir, Fahey~ ~ord, 2.~N~~~:E NO~ 5 CO~iSSiONERS: ~ nd/h~ 2.1 Proposal for change of zone for 221.1 acres from R-R to R-3, R-4, and R-5. Located on Highway 79 between Pala Road and Margarita Road. RICHARD AYALA provided the staff report on Items 2, 3, and 4 at this time. DOUG STEWART modified Condition No. 37, page 22, of Item No. 3, VTTM 23267, to read "or bonds for the street improvements may be posted." CHAIRMAN CHINIAEFF opened the public hearing at 6:25 P.M. RAY CASEY, 12120 Via Milano, San Diego, representing Presley of San Diego, concurred with the recommendations by staff and welcomed questions by the Commission. ALEXANDER URQUHART, 5650 E1 Camino Real, Suite 200, Carlsbad, offered to answer any questions by the Commission. COMMISSIONER FAHEY moved to close the public hearing at 6:30 P.M. and recommend Adoption of the addendum to EIR No. 281 for Change of Zone No. 5; and Adopt Resolution No. 91-(next) recommending approval of Change of Zone No. 5, seconded by COMMISSIONER HOARLAND. AYES: 4 COMMISSIONERS: Blair, Fahey, Hoagland, Chiniaeff NOES: 1 COMMISSIONERS: Ford PCMIN4/01/91 -3- April 4, 1991 ITEM NO. 24 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Anthony Elmo, Chief Building Official May 14, 1991 Consideration of Adoption of the National Electrical Code, 1990 Edition, Including the Appendix Thereto, With Certain Amendments and the Uniform Administrative Code Provisions for the National Electrical Code, 1990 Edition, with Certain Amendments Thereto Recommendation: It is recommended that the City Council hold a public hearing and approve the second reading of the attached ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE, 1990 EDITION, INCLUDING THE APPENDIX THERETO, WITH CERTAIN AMENDMENTS AND THE UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODES, 1990 EDITION WITH CERTAIN AMENDMENTS" It is also recommended that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SETTING FORTH THE LOCAL CONDITIONS UPON WHICH A DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT MODIFICATIONS TO THE 1990 EDITION OF THE NATIONAL ELECTRICAL CODE ARE REASONABLY REQUIRED BY LOCAL CONDITIONS WITHIN THE CITY OF TEMECULA." Discussion: Modifications made by the City to the State adopted electrical code are generally based on local conditions and can only be major or administrative in nature. An example of a proposed modification is the restriction of the size of aluminum conductors permitted to be used. Smaller gauge aluminum wire has been found to be the cause of fires in residential buildings. Another, which is administrative in nature, is proposed to limit only California State Licensed Contractors to do electrical work in commercial construction whether new construction or remodel. This modification is a response to the complexity of systems and the life safety provisions generally found in commercial construction. 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: Ambient Air Balloon Ordinance City of Temecula City Wide Ordinance establishing regulations for the use of Ambient Air Balloons and other similar inflatables. 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 Planning Department, 43180 Business Park Drive, Monday through Friday from 9:00 AM until 4:00 PM. Questions concerning the project(s) may be addressed Oliver Mujica, City of Temecula Planning Department, (714)694-6400. PLACE OF HEARING DATE OF HEARING TIME OF HEARING Temporary Temecula Community Center 27475 Commerce Center Drive Temecula Tuesday. May 14. 1991 7:00 PM ORDINANCE NO. 91-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADOPTING BY REFERENCE TIlE NATIONAL ELECTRICAL CODE, 1990 EDITION, INCLUDING THE APPENDIX THERETO, WITH CERTAIN AMENDMENTS AND THE UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODES, 1990 EDITION WITH CERTAIN AMENDMENTS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Adoption of the National Electrical Code. There is hereby adopted by reference, as the Electrical Code of the City of Temecula, the National Electrical Code, 1990 edition, including the appendix thereto, and the Uniform Administrative Code Provisions for the National Electrical Code, 1990 Edition, as amended by Section 2 of this ordinance, three (3) copies of which are on file in the Office of the City Clerk. SECTION 2. Amendments. The following amendments are made to the National Electrical Code, 1990 edition, as adopted by this ordinance: 1. Section 110-5 is hereby amended by adding the following: Notwithstanding any provision or provisions to the contrary, no aluminum conductors smaller than//6 A.W.G. shall be used. 2. Section 210-1 is hereby amended by adding the following: Accessory uses or other buildings, signs, etc., separately located on the same lot or premises, shall have connecting conductors run underground. (Agricultural areas excepted.) Where spare circuit protective devices are provided or space for future circuit protective devices are provided on the bus in any flush or semi-flush mounted panel, then raceways of sufficient capacity to permit utilization of such space or spaces shall be provided to an approved accessible location. Such accessible location is normally described as follows: Where sufficient attic space is available or underfloor space is available, a raceway shall terminate conveniently for future use in each such space. Where this condition does not exist or other factors govern, then such terminations shall be approved by the Building Official. 3. Section 336-3 is hereby amended to read as follows: 3/Orda 91-19 -1- Section 336-3 Uses Permitted. Non-metallic sheathed cable shall not be used for exposed wiring, except as provided in Section 336-10 (b), and shall only be used in one and two family dwellings or multi-family dwellings (apartment houses) not exceeding three(3) floors above grade. 4. Section 350-2 is hereby amended by adding the following: (7) Where exposed to physical damage. The following amendments are made to the Uniform Administrative Code provisions for the National Electrical Code, 1990, edition. 5. Section 2-2 is hereby amended by adding the following: All industrial, commercial, and residential electrical installations within the governmental jurisdiction covered by this Code, shall be in conformity with the provisions of this Code, all applicable State laws, and in accordance with the National Fire Protective Association standards for safety to life and property. Listing or labeling as conforming to the standards of Underwriters Laboratories, Inc., as approved by the United States Bureau of Mines, the American Standards Association, the United States Bureau of Standards, or other similar institutions of nationally recognized standing, shall be prima facie evidence of conformity with approved standards of safety to life and property. 6. Section 301(a) is hereby amended by adding the following: Permits may be issued only to a person, firm, or corporation licensed by the State of California in the classification authorized to perform the work and subject to the conditions and limitations of such classification, or to an owner to do any work regulated by the sections of this code pertaining to electricity in a single family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such buildings, provided that such person is the bonafide owner of any such dwelling and accessory buildings and quarters; that the same are occupied by or designed to be occupied by said owner; and that said owner is determined by the Building Official to be qualified and shall personally perform all labor in connection therewith. 7. Section 301(c) is hereby amended by adding the following: All electrical, telephone, C.A.T.V. and similar service wires or cables, carrying below 34 K.V. capacity, which provide direct service to the property being developed, shall, within the exterior boundary lines of such property, be installed underground. Risers on existing poles and buildings are permitted and shall be provided by the developer or owner onto the pole which provides service to said property. Utility service poles may be placed on the rear of the property to be developed only for the purpose of terminating underground facilities. The developer or owner is responsible for complying with the requirements of the utility companies 3lOrds 91-19 -2- for the installation of such facilities. For the purpose of this section, appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts in an underground systems, may be placed above ground. The City Council may, bu: is not obligated to, waive the requirements of this Section if topography, soil, or any other conditions made such underground installation impossible or impractical. 8. Section 303(a) is hereby amended by adding the following: In lieu of an individual permit for each installation or alternation, a monthly permit may, upon application thereof, be issued to any person, firm, or corporation regularly employing one or more qualified electricians for the installation, alteration, and maintenance of electrical equipment in or on buildings or premises owned or occupied by the applicant for the permit. The application for this permit shall be made in writing to the Building Official and shall contain a description of the premises on which the work is to be done under the permit. Not later than fifteen (15) days following the end of each calendar month, the person, firm or corporation to which a monthly permit is issued shall transmit to the Building Official a written report of all electrical work which has been done under the permit during the preceding month. The person, firm or corporation to which a monthly permit is issued shall keep a record of all electrical equipment installed under said permit, and the Building Official shall have access to such records for purposes of inspection and examination. 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. City Clerk. The City Clerk shall certify to the adoption of the Ordinance and cause it to be posted in at least three public places in the City.] PASSED, APPROVED AND ADOPTED this 14th day of May, 1991. Ronald J. Parks, Mayor ATTEST: June S. Greek, City Clerk 3lOrds 91-19 -3- 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. 91-19 was duly introduced and placed upon its first reading at a regular meeting of the City Councilon the 23rd day of April and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 14th day of May, 1991, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk 3lOrds 91-19 -4- RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SETTING FORTH THE LOCAL CONDITIONS UPON WHICH A DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT MODWICATIONS TO THE 1990 EDITION OF THE NATIONAL ELECTRICAL CODE ARE REASONABLY REQUIRED BY LOCAL CONDITIONS WITHIN THE CITY OF TEMECULA WHEREAS, Health and Safety Code Section 17922 requires the City of Temecula to adopt the most current edition of the National Electrical Code; WHEREAS, Health and Safety Code Section 17958.5 provides for the City Council to make changes or modifications in the most current edition of the National Electrical Code as may be reasonably necessary because of certain local conditions; and WHEREAS, the Building Official of the City of Temecula has determined and recommended that based upon certain local conditions within the City of Temecula the modifications to the 1990 edition of the National Electrical Code contained in Ordinance No. __ are reasonably required to be adopted by the City of Temecula; and WHEREAS, Health and Safety Code Section 17958.7 requires the City Council to make express findings of the necessity for modifications in the most current edition of the National Electrical Code; and, WHEREAS, it is appropriate to describe the specific local conditions upon which each said modification is based. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula that the following amendments and modifications to the 1990 edition of the National Electrical Code contained in Ordinance No. are hereby found to be reasonably necessary due to consideration of specific local climatic, geological or topographical conditions as follows: 1. Amendment to Section 210-1 is provided to enable additional branch circuits to be added to an existing panel eliminating the need for unauthorized modification to a listed flush or semi-flush meter panel and/or structural modification of the building in order to add additional branch circuits. 2. Amendment to Section 336-3 complies with provisions of the California State Administrative Code, Title 24, Part 5. 3. Amendment to Section 350-2 is provided to protect the exposed use of flexible metal conduit where damage may cause interruption of its bonding capabilities. 4. All other amendments to the 1990 National Electrical Code are strictly administrative in nature. PASSED, APPROVED AND ADOPTED, this~ day of ,1991. Ronald J. Parks, Mayor ATTEST: June S. Greek, Deputy 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 Resolution No. 91- was duly adopted at regular meeting of the City Council of the City of Temecula on the ~ day of , 1991, by the following roll call vote. AYES: NOES: ABSENT: ITEM NO. 25 APPROVAL .~ -.~- .-. FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department May 14. 1991 Ambient Air Balloon Ordinance PREPARED BY: RECOMMENDATION: Oliver Mujica 1. ADOPT Ordinance No. 91- entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF ORDINANCE NO. 90-04 PERTAINING TO ADVERTISING RECULATIONSAND ESTABLISHINC REGULATIONS FOR THE USE OF AMBIENT AIR BALLOONS AND OTHER SIMILAR INFLATABLES." APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: LOCATION: BACKGROUND: City of Temecula An Ordinance establishing regulations for the use of Ambient Air Balloons and other similar inflatables, City Wide On June 26. 1990, the City Council directed the Planning Department Staff to prepare an Ordinance establishing regulations for the use of Ambient Air Balloons and other similar inflatables. which shall include the time limit to read not to exceed fifteen (15) days of use within a ninety (90) day period. This direction was based on a proposal by the Temecula Commerce Committee requesting that Ordinance No, 348 be amended to include advertising sign regulations for ambient air balloons. since temporary signs are not specifically mentioned except for political signs. subdivision A:AIRORD.CC 1 STAFF RECOMMENDATION: OM: ks Attachments: signs and For-Sale signs, which are allowed under limited conditions. Pursuant to the direction of the City Council, the City Attorney has prepared the attached ordinance, which includes: A maximum size of 1,500 square feet (as measured at the cross section of the balloon used); a maximum height of 30 feet (as measured from the point of anchor to the highest portion of the balloon); and a time period not to exceed fifteen (15) days within any ninety (90) day period. In addition, a thirty (30) day permit may be issued by the City during the month of the Temecula Annual Balloon and Wine Festival. On April 15, 1991, the Planning Commission considered this item and forwarded a recommendation of approval by a vote of 4-0-1 ( with Commissioner Hoagland absent). Subsequent to the Planning Commission meeting, the City Attorney and the Code Enforcement Officer re- examined Section 9, which provides for summary removal of illegal balloons without notice, hearing, or a search warrant for entering private property. This provision was included in the Temecula Commerce Committee proposal, but is of doubtful legality. Consequently, it is recommended that the ordinance be adopted without Section 9. The Planning Department Staff recommends that the City Council: 1. ADOPT Ordinance No. 91- entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF ORDINANCE NO. 90-04 PERTAINING TO ADVERTISING REGULATIONS AND ESTABLISHING REGULATIONS FOR THE USE OF AMBIENT AIR BALLOONS AND OTHER SIMILAR INFLATABLES." Ordinance No. 91- Planning Commission Staff Report (dated April 15, 1991) Planning Commission Minutes (dated April 15, 1991) A:AIRORD.CC 2 ORDINANCE NO. 91- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF ORDINANCE NO. 90-04PERTAININGTOADVERTISlNG REGULATIONSAND ESTABLISHING REGULATIONS FOR THE USE OF AMBIENT AIR BALLOONS AND OTHER SIMILAR INFLATABLES. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findin.qs. That the Temecula City Council hereby makes the following findings:-- 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: (a) The city is proceeding in a timely fashion with the preparation of the general plan. (b) The planning agency finds, in approving projects and taking other actions, each of the following: (1) 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. (2) 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. (3) The proposed use or action complies with all other applicable requirements of state law and local ordinances. 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 A:AirOrd. -1- its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. The proposed land use regulations are consistent with the SWAP and meet the requirements set forth in Section 65360 of the Government Code, to wit: (a) The city is proceeding in a timely fashion with the preparation of the general plan. (b) The City Council finds, in adopting land use regulations pursuant to this title, each of the following: There is reasonable probability that Ordinance No. 91- will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (2) 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. (3) The proposed use or action complies with all other applicable requirements of state law and local ordinances. SECTION 2~. City Ordinance No. 90-04 adopted by reference certain portions of the Non-Codified Riverside County Ordinances, including Ordinance No. 348. Article XIX of the Ordinance No. 348 is hereby amended to read as follows: "SECTION 19.8. TEMPORARY AMBIENT AIR BALLOONS AND OTHER SIMILAR INFLATABLES. a. For the purpose of this Section, a temporary ambient air balloon or other similar inflatable shall mean a sign, not otherwise permitted by Article XIX, which is a temporary structure supported by forced cold air (non- helium), constructed of fabric materials, and affixed to the ground or roof top using steel cable anchoring systems. Such signs may be illuminated at night using electrical lighting systems. All such signs under this Section using electrical lighting systems shall be installed in conformance with the provisions of Riverside County Ordinance No. 655, adopted by reference by the City of Temecula, and all other applicable provisions of the Temecula Municipal Code regulating the installation of such electrical lighting systems. A:AirOrd. -2- b. Notwithstanding any other provisions of this Section, temporary ambient air balloons and other similar inflatables are permitted only in commercial and industrial zones subject to the following limitations: 1. The maximum allowable size of any such sign shall be limited to no more than 1500 square feet, as measured at the cross section of the balloon used. 2. All such signs shall be ground mounted or roof mounted. The allowable height shall not exceed thirty (30) feet. as measured from the point of anchor to the highest portion of the balloon. 3. All such signs shall not be free-floating (tethered) nor constructed in a shape different from the "hot-air balloon shape" typically depicted in the City of Temecula's Annual Balloon and Wine Festival, For example. such balloons in the shape of blimps or cartoon characters shall not be permitted, 4. All such signs shall be permitted to be displayed for a period not to exceed a total of fifteen (15) calendar days within any ninety (90) calendar day period, In lieu of the maximum allowable fifteen (15) calendar day period herein, a thirty (30) calendar day permit may be issued by the City during the month of the Temecula Annual Balloon and Wine Festival. if such event is held, 5. The number of signs proposed to be used shall be limited to no more than three (3) at any one site during any allowed time period as set forth in subparagraph 4, Spacing of such signs shall be sufficient so as to prevent rubbing, overlapping. or entanglement of any other permitted sign. 6. No such sign shall be erected, placed or maintained unless first approved by both the City Building Director and the City Planning Director, Approval shall be obtained by the submittal of an application and payment of required fees (to be established by Resolution), The application shall be accompanied with a drawing, utilizing the Site Plan. specifying the location of the sign to be approved with the specified dates of the proposed set-up and take down of the sign(s), 7. All such signs shall be removed no later than the last day permitted in the approved application, 8. No temporary ambient air balloon or similar inflatable shall be erected. placed or maintained so that it does any of the following: (a) Mars. defaces. disfigures or damages any public building. structure or other property; and (b) Endangers the safety of persons or property. A:AirOrd. -3- 9. Any terl~ear.~ry ambient air balloon or similar inflatable erected. placed or mair{taine~iolation of any provision of this Section may be removed by the City five~'r~.~days after notice of the violatioD given to the owner· lessee or person in-t~wful possession of the~rty. Any temporary ambient air balloon or S~mi3~ar inflatabl~h constitutes an immediate danger to the safety or per~o~r,~r~operty or which has not been removed within ten { 01) da~¥r~rovid~d~.n subsection b. 7.. may be removed by the C~rnar'dy and _without~no~ce. The City may bring ~.J. ierrT~as an a recover the reasonable costs of sfi~j~-r.~m_~oval under t ' section." ~ SECTION 3. ENVIRONMENTAL COMPLIANCE. The City Council hereby finds that this project does not have a potential for causing a significant affect on the environment. Therefore· the project is exempt from the California Environmental Quality Act under Section 15061(b)(3). SECTION 4. 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 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) d-~ys after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. PASSED, APPROVED AND ADOPTED this day of · 1991. RONALD J. PARKS MAYOR ATTEST: JUNE S. GREEK CITY CLERK A: AirOrd. -4- 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: JUNES. GREEK CITY CLERK APPROVED AS TO FORM: Scott F. Field City Attorney A: A i ford. - 5- STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION April 15, 1991 Case No.: Ambient Air Balloon Ordinance Recommendation: Prepared By: Oliver Mujica 1, ADOPT Resolution No, P,C, 91- recommending adoption of the Ambient Air Balloon Ordinance. APPLICATION INFORMATION APPLICANT: PROPOSAL: LOCATION: BACKGROUND: ANALYSIS: City of Temecula An Ordinance establishing regulations for the use of Ambient Air Balloons and other similar inflatables, City Wide On June 26, 1990, the City Council directed the Planning Department Staff to prepare an Ordinance establishing regulations for the use of Ambient Air Balloons and other similar inflatables, which shall include the time limit to read not to exceed fifteen (15) consecutive days of use within a ninety (90) day period. This direction was based on a proposal by the Temecula Commerce Committee requesting that Ordinance No. 348 be amended to include advertising sign regulations for ambient air balloons, Ordinance No. 348 currently has the following advertising regulations: Section 19.3 (b) ( 1 ) ..."No outdoor advertising display shall be placed or erected until a permit therefore has been issued,.." A ~irOrd. -1- CONCLUSION: ENVIRONMENTAL DETERMINATION: FINDINGS: Section 19.4(b) ( 1 ) "No on-site advertising sign shall be affixed on, above or over the roof of any building. and no on- site advertising sign shall be affixed to the wall of a building so that it projects above the parapet of the building," Temporary signs are not specifically mentioned except for political signs. subdivision signs and For-Sale signs, which are allowed under limited conditions. Pursuant to the direction of the City Council, the City Attorney has prepared the attached ordinance, which includes: A maximum size of 1,500 square feet (as measured at the cross section of the balloon used); a maximum height of 30 feet (as measured from the point of anchor to the highest portion of the balloon); and a time period not to exceed fifteen (15) consecutive calendar days within any ninety (90) consecutive calendar day period. The project is exempt from CEQA under Section 15061 lb) (3). This project does not have a potential for causing a significant affect on the environment. The proposed Ambient Air Balloon Ordinance is necessary to bring about eventual conformity with the City's Land use plans. e There is reasonable probability that the proposed Ambient Air Balloon Ordinance will be consistent with the City's future General Plan. which will be completed in a reasonable time and in accordance with the goals and/or policies of the City's future General Plan. There is not a likely probability of substantial detriment to or interference with the future General Plan, if the proposed policies are ultimately inconsistent with the plan. due to the fact that policies will be adopted for the new General Plan, therefore. it is likely that the City will consider these policies during their preparation of the General Plan, A :AirOrd. -2- GENERAL PLAN AND SWAP CONSISTENCY: The proposed Ambient Air Balloon Ordinance is consistent with SWAP· In addition, Staff finds it probable that this Ordinance will be consistent with the new General Plan when it is adopted· STAFF RECOMMENDATION: The Planning Department Staff recommends that the Planning Commission: ADOPT Resolution No. P.C. 91- recommending Adoption of the Ambient Air Balloon Ordinance. OM: ks Attachments: Resolution "Draft" Ordinance City Council Staff Report (Dated June 26, 1990) City Council Minutes (Dated June 26, 1990) A:AirOrd. -3- RESOLUTION NO. P.C. 91- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OFTEMECULA RECOMMENDING THE CITY COUNCIL ADOPT THE AMBIENT AIR BALLOON ORDINANCE. WHEREAS, City Ordinance No. 90-04 adopted by reference certain portions of the non-codified Riverside County Ordinances, including Ordinance No. 348 J"Land Use Code"); and WHEREAS, such regulations do not contain provisions for the use of ambient air balloons and other similar inflatables for on-site advertising; and WHEREAS, the City of Temecula desires to regulate the use of ambient air balloons and other similar inflatables for on-site advertising and to protect the health, quality of life, and the environment of the residents of Temecula; and WHEREAS, public hearing was conducted on April 15, 1991, at which time interested persons had an opportunity to testify either in support or opposition; and WHEREAS, notice of the proposed Ordinance was posted at City Hall, County Library, Rancho California Branch, the U.S. Post Office and the Temecula Valley Chamber of Commerce; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the Planning Commission of the City of Temecula hereby finds that the proposed Ambient Air Balloon Ordinance will provide for the establishment of regulations for the on-site use of ambient air balloons and other similar inflatables in a fair and equitable manner. SECTION 2. That the Planning Commission of the City of Temecula further finds that the proposed Ambient Air Balloon Ordinance is necessary to bring about eventual conformity with its land use plans. SECT ION 3. That the Planning Commission of the City of Temecula hereby recommends to the City Council adoption of the proposed Ambient Air Balloon Ordinance. The Ordinance is incorporated into this Resolution by this reference and marked Exhibit "A" and dated April 15, 1991 for identification. A: AirOrd. -4- PASSED APPROVED AND ADOPTED this 15th day of April, 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 15th day of April, 1991 by the following vote of the Commission AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS A:AirOrd. -5- ORDINANCE NO. 91- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF ORDINANCE NO. 90-04 PERTAINING TO ADVERTISl NC RECULAT IONS AND ESTABLISHING REGULATIONS FOR THE USE OF AMBIENT AIR BALLOONS AND OTHER SIMILAR INFLATABLES. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. the following findings: Findinqs. That the Temecula City Council hereby makes 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: (a) The city is proceeding in a timely fashion with the preparation of the general plan. (b) The planning agency finds, in approving projects and taking other actions, each of the following: (1) 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. (2) 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. (3) The proposed use or action complies with all other applicable requirements of state law and local ordinances. 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 A:AirOrd. -1- its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. The proposed land use regulations are consistent with the SWAP and meet the requirements set forth in Section 65360 of the Government Code, to wit: (a) The city is proceeding in a timely fashion with the preparation of the general plan. (b) The City Council finds, in adopting land use regulations pursuant to this title, each of the following: (1) There is reasonable probability that Ordinance No. 91- will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (2) 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. (3) The proposed use or action complies with all other applicable requirements of state law and local ordinances. SECTION 2~. City Ordinance No. 90-04 adopted by reference certain portions of the Non-Codified Riverside County Ordinances, including Ordinance No. 348. Article XIX of the Ordinance No. 348 is hereby amended to read as follows: "SECTION 19.8. TEMPORARY AMBIENT AIR BALLOONS AND OTHER SIMILAR INFLATABLES. a. For the purpose of this Section, a temporary ambient air balloon or other similar inflatable shall mean a sign, not otherwise permitted by Article XIX, which is a temporary structure supported by forced cold air (non- helium), constructed of fabric materials, and affixed to the ground or roof top using steel cable anchoring systems. Such signs may be illuminated at night using electrical lighting systems. b. Notwithstanding any other provisions of this Section, temporary ambient air balloons and other similar inflatables are permitted only in commercial and industrial zones subject to the following limitations' A :AirOrd. -2- 1. The maximum allowable size of any such sign shall be limited to no more than 1500 square feet, as measured at the cross section of the balloon used. 2. All such signs shall be ground mounted or roof mounted. The allowable height shall not exceed thirty (30) feet, as measured from the point of anchor to the highest portion of the balloon. 3. All such signs shall not be free-floating (tethered) nor constructed in a shape different from the "hot-air balloon shape" typically depicted in the City of Temecula's Annual Balloon and Wine Festival. For example, such balloons in the shape of blimps or cartoon characters shall not be permitted. 4. All such signs shall be permitted to be displayed for a period of not to exceed fifteen (15) consecutive calendar days within any ninety (90) consecutive calendar day period. A thirty (30) consecutive calendar day permit may be issued by the City during the month of the Temecula Annual Balloon and Wine Festival. 5. The number of signs proposed to be used shall be limited to no more than three (3) at any one site during any allowed time period as set forth in subparagraph 4. Spacing of such signs shall be sufficient so as to prevent rubbing, overlapping, or entanglement of any other permitted sign. 6. No such sign shall be erected, placed or maintained unless first approved by both the City Building Director and the City Planning Director. Approval shall be obtained by the submittal of an application and payment of required fees (to be established by Resolution). The application shall be accompanied with a drawing, utilizing the Site Plan, specifying the location of the sign to be approved with the specified dates of the proposed set-up and take down of the sign(s). 7. All such signs shall be removed no later than the last day permitted in the approved application. 8. No temporary ambient air balloon or similar inflatable shall be erected, placed or maintained so that it does any of the following: Mars, defaces, disfigures or damages any public building, structure or other property; and (b) Endangers the safety of persons or property. 9. Any temporary ambient air balloon or similar inflatable erected, placed or maintained in violation of any provision of this Section may be removed by the City five (5) days after notice of the violation given to the owner, lessee or person in lawful possession of the property. Any temporary ambient air balloon or similar inflatable which constitutes an A: AirOrd. -3- immediate danger to the safety or persons or property or which has not been removed within ten 1101 days as provided in subsection b. 7., may be removed by the City summarily and without notice. The City may bring as an action to recover the reasonable costs of sign removal under this subsection." 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. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty 130) d-~ys after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. PASSED, APPROVED AND ADOPTED this day of · 1991. RONALD J. PARKS MAYOR ATTEST: JUNE S. GREEK CITY CLERK A:AirOrd. -4- 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: JUNE S. GREEK CITY CLERK APPROVED AS TO FORM: Scott F. Field City Attorney A:AirOrd. -5- CITY OF TEMECULA CITY MANAGER'S REPORT TITLE: RECOMMENDATION SIGNS - BALLOONS DEPT HD. "- CITY ATT~ CITY MGR It is recommended the City Council consider a proposal of the Temecula Commerce Committee to change advertising sign regulations; and (1) refer to City Attorney to prepare amendments, or (2) refer to City Manager for further study, or (3) reject request and direct City Manager to enforce current ordinance. BACKGROUND County Ordinance 348 and 457 regulate advertising displays in Temecula. Ordinance 348 prohibits any advertising sign without a permit. It prohibits any display above the roof line of a building. It prohibits moving signs. Temporary signs are not specifically mentioned except for political signs, subdivision signs and for sale signs, which are allowed under limited conditions. On May 15, 1990, the County Department of Building and Safety sent letters to businesses displaying balloons being used for advertising. Owners were asked to abate the balloons. On May I6, 1990, the City acted to remove illegal signs within the public right- of-way. On May 29, 1990, a delegation known as the Temecula Commerce Committee met with the City Manager to protest enforcement of the sign ordinance and indicated their intention to request City Council action to change the ordinance. On May 29, 1990, the City Manager requested the County to suspend further sign enforcement activities in order to allow the Temecula Commerce Committee to make a presentation to the City Council. The Temecula Commerce Committee has filed a report for Council agenda June 26, 1990. After considering the Committee's request, Council needs to give direction to staff. The City now has a Code Enforcement Officer employed as city staff, and he will be directed to enforce whatever ordinance the Council endorses. TEMECULA COMMERCE COMMITTE June 19, 1990 Mr. Frank Aleshire City Manager, City of Temecula P.O. Box 3000 Temecula, CA 92390 Dear Mr. Aleshire, Attached you will find our proposal for an amendment to Temecula's Interim sign ordinance which allows for ambient balloons as a temporary form of on-site outdoor advertising. I believe you will find our proposal to be quite reasonable in scope and rationale. We request that our presentation of this proposal be presented before the City Council on Tuesday, June 26. Please place this topic of discussion on your scheduled agenda for this particular date. Your assistance on our behalf is much appreciated. If you have any further questions please give me a call at 676- 5611. $'ncerely, ::,, Chairman P.O. BOX 564 TEMECULA, CA 92390 DEDICATED TO MOLDING A CITY OF PROSPERITY PI~PO~lt.L FOR ~E~D~,NT TO CUR~NT SIGN OI~ZH&NCE ZNCOI~OI:~TZNG ~ZENT B~.,Z~ONS A,g ~ ACCEPTABLE FOI~ OF OUTDOOR ADVERTISEMENT Prepared by: Temecula Commerce Committee (TCC) Date: June 19, 1990 To Be Presented Before City Council: June 26, 1990 INTRODUCTION: With the advent of Temecula's Balloon and Wine Festival and the growing popularity of hot air ballooning as a recreational sport in our valley, the words Temecula and hot-air balloons have become almost synonymous. As a result, Temecula has unofficially been labeled, by many, as "The Balloon Capital of Southern California". Merchants have capitalized on Temecula's festive image by tastefully incorporating colorful balloons into their business logos, billboards, brochures, and on-site advertising. With the exception of subdivision signs, political signs and "for sale lease or rent signs", Temecula's interim sign ordinance does not provide a vehicle in which merchants can apply for temporary forms of outdoor advertising. Note: Temecula's current codes pertaining to "Outdoor Advertising Displays" are being administered and enforced using the guidelines set forth in Riverside County's Ordinance 348. Ordinance 348 was adopted by the City of Temecula as an interim ordinance, and will remain in force and amended until such time Temecula's long range General Plan is developed and approved. A material part of the General Plan will be criteria used to regulate all forms of signage within the City of Temecula. Given the existing ordinance, the City currently has no choice but to disallow balloons as a permissible form of advertising. As merchants and residents of Temecula, we do not believe that our city's ordinance should be an "all or nothing" situation when it comes to balloon advertising. Therefore, it is our objective to propose a reasonable amendment to County Ordinance 348. An amendment that maintains Temecula's balloon image and beautiful skyline while at the same time providing an affective and tasteful form of on-site advertising. B~kaound to P~ol~osa~ Upon researching several southern California cities said to allow balloons in their signage ordinances, we found the following local cities to permit the same: 1. San Marcos 2. Escondido 3. Vista 4. Oceanside 5. Corona 6. City of Industry In each of the above examples, we found that "ambient balloons" were defined as "temporary signs" and were regulated under "special provisions" of each city's particular master sign ordinance (refer to Appendix A). In addition, we found that the regulations pertaining to balloons varied with respect to time and size limitations, amount of required fees, the number of inflatables used, and the materials from which the balloons are to be constructed from. Formu~a2ion of In formulating our proposal, we used the ordinances of the aforementioned cities as our amending guildline. By incorporating these guildlines and definitions into Temecula's current ordinance, we derived the following draft as a basis for our amendment proposal: ARTICLE XIX AOVERTISING REGULATIONS SECTION 19.1. PURPOSE AND INTENT. Because Riverside County is a large, diverse and rapidly expanding jurisdiction the Board of Supervisors finds that proper sign control is necessary to provide for the preservation and protection of open space and scenic areas, the many natural and man-made resources, and established rural communities within Riverside County. Zt is the intent of this ordinance to provide standarcls to safeguard life, health, property and the public welfare, to provide the means for adequate identification of businesses and other sign users by prohibiting, regulating and controlling the design, location and maintenance of signs, and to provide for the removal and limitation of use of signs within the unincorporated area of Riverside County. All outdoor advertising displays and on-site advertising structures and signs in the unincorporated area of the County of Riverside shall conform to the applicable provisions of this article. If any specific zoning classification within this ordinance shall impose more stringent requirements than are set forth within this article, the more stringent provisions shall prevail. A~. ended Effective: 07-16-85 (Oral. 348.2496) SECTION 19.2. DEFINITIONS. For purposes of this ordinance, the following · words or phrases shall have the following definitions. 'Outdoor Advertising Oi spl my" means outdoor advertising structures and outdoor advertising signs used for outdoor advertising purposes, not including on-site advertising signs as hereinafter defined. An outdoor advertising display may be con~only known or referred to as an 'off-site" or an off-premises" billboard. be 'Outdoor Advertising Structure' means a structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting or other advertisement of any kind whatsoever may be placed, including statuary, for outdoor advertising purposes. Such structure shall be constructed Or,ereCted- upon a permanent foundation or shall be attached to a structu having a permanent foundation. 'Outdoor Advertising Sign' means any card, cloth, paper, metal, painted, plastic or wooden sign of any character placed for outdoor advertising purposes, on or to the ground or any tree, wall, bush, rock, fence, building, structure or thing, either privately or publicly owned, other than an advertising structure. de The words 'Outdoor Advertising Structure' and 'Outdoor Advertising Sign" as defined in subs,orions {b) and {c) do not include: 1. Official notices issued by any court or public body or officer; 242 eo ~l~di~ signs necessary for the operation and safety of public utility uses. A structure erected near a city or county boundary, which contains the name of such city or county and the n~nes of, or any other information regarding, civic, fraternal or religious organizations located therein. 'On-~tte Advertising Structure and Signs' means any structure, housing, sign device, figure, statuary, painting, display, message placard, or other contrivance, or any part thereof, which is designed, constructed, created, engineered, intended, or used to advertise, or to provide data or information in the nature of advertising, for any of the following purposes: (1) To designate, identify, or indicate the name of the business of the owner or occupant of the premises upon which the Structure or Sign is located. (2) To advertise the business conducted, services available or rendered, or the goods produced, sold, or available for sale, upon the praises where the structure or sign is located. £. "TOml:~=a~y On-s:i. bo Ad~o=t:LoJ.ng St~2cd:u=e &ud $:l. gno" me&us any poFP. ablo o:Lgn, banno:r, balloon, Finn~nt:, val&uce, o~ advo=t:Ls:Lng · Lsplmy constructed o£ c~oth, canvas, l~ght £ab=4c, paper, ca~oard, wallboa~, o= o~ho= l~ght materials, w4th or w~hout £=ms, Lntendod to be ~Loplayed £o= a l~Ltod pe=~od o£ the only. f. 'Freeway' means a divided arterial highway for through traffic with ~' full control of access and with grade separations at intersections. "Highway' means roads, streets, boulevards, lanes, courts, places, co-nons, trails, ways or other rights-of-way or easements used for or laid out and intended for the public passage of vehicles or of vehicles and persons. 'Edge of a Right-of-way' means a measurement from the edge of a right-of-way horizontally along a line normal or perpendicular to the centerline of the freeway or highway. 'Maximum Height' means the highest point of the structure or sign measured fram the average natural ground level at the base of the supporting structure. "Free Standing Sign' means any sign which is supported by one or more columns or uprights imbedded in the ground, and which is not attached to any building or structure. 'Surface Area' means that area of outdoor advertising signs and on-site advertising signs as measured by the smallest geometric form such as a square, rectangle, triangle, or circle, or combination thereof, which will encompass the face of the sign on which the message is displayed. 243 i me Oe 'For Sale, Lease or Rent Sign' means a sign advertising that the property or structure upon which the sign is located is for sale, lease, or rent. 'Shopping Center' means a parcel of land not less than 3 acres in size, on which there exists 4 or more separate business uses that have mutual parking facilities. 'Directional Sign' means a sign used to direct and control vehicular or pedestrian traffic that is located upon the same parcel of land as the use that it is intended to serve. 'Significant Resources' means any county, state or federal site which has significant or potentially significant social, cultural, historical, archaeological, recreational or scenic resources, or which plays or potentially could play a significant role in promoting tourism. For the purposes of this article, the tern significant resources shall include, but not be limited to, the following: Z. Riverside National Cemetery. A strip, 660 feet in width, measured fra~ the edge of the right-of-way line on both sides of 1-215 fro.~ the intersection of Van Buren Boulevard southerly to Nance Road, and on both sides of Van Buren Boulevard fran the intersection of 1-215 westerly to Wood Road. 2. Scenic Highways. 3. A corridor $00 feet in width adjacent to both sides of all highways within three-tenths (3/ZO) of a mile of any Regional, State or Federal park or recreation area. 'Scenic Highway' means any officially designated state or county scenic highway as defined in Streets and Highway Code Sections 154 and 261 et seq. 'Illegal Outdoor Advertising Display' means any of the following: (1) An outdoor advertising structure or outdoor advertising sign erected without first complying with all applicable county ordinances and regulations in effect at the time of its construction, erection or use. (2) An outdoor advertising structure or outdoor advertising sign that was legally erected but whose use has ceased, or the structure upon which the advertising display is placed has been abandoned by its owner, and not maintained or used for a period of not less than one (1} year. (3) An outdoor advertising structure or outdoor advertising sign that was legally erected which later became nonconforming as a result of the adoption of an ordinance; the amortization period for the display provided by the ordinance rendering the display nonconforming has expired; and conformance has not been accompl t shed. (4) An outdoor advertising structure or outdoor advertising sign which does not comply with the Notice of Oeciston or the approved plot plan. 244 (s) (6) An outdoor advertising structure or outdoor advertising sign which is a danger to the public or is unsafe as may be determined by the Director of the Building and Safety Depar~ent. An outdoor advertising structure or outdoor advertising sign which is a traffic hazard as may be determined by the Director of the Building and Safety Oeparl~nent provided said traffic hazard was not created by the relocation of streets or highways or by acts of the County. r. 'Illegal On-Site Advertising Structure or Sign' means any of the fol 1 owl rig. (1) An on-site advertising structure or sign erected without first complying with all applicable County ordinances and regulations in effect at the time of its construction, erection or use. (2) An on-site advertising structure or sign that was legally erected, but whose uses has ceased, or the structure upon which the advertising display is placed has been abandoned by its owner, and not maintained or used to identify or advertise an ongoing business for a period of not less than ninety (gO) days. (3) An on-site advertising structure or sign that was legally erected which later bec~me nonconforming as a result of the adoption of an ordinance; the ~orttzatton period for the display provided by the ordinance rendering the display nonconforming has expired; and conformance has not been accomplished. (4) An on-site advertising structure or sign which is a danger to the public or is unsafe as may be determined by the Director of the Bull cling and Safety Department. {5) An on-site advertising structure or sign which is a traffic hazard as may be determined by the Director of the Building and Safety Oeparl~ent provided said traffic hazard was not created by the relocatton of streets or highways or by acts of the County. 'Abandoned" means either: (1) Any outdoor advertising display that is allowed to continue for more than one (1) year without a poster, bill, printing, painting, or other form of advertisement or message; or (2) Any outdoor advertising display that does not appear on the inventory required by Section lg.3.a.(15); or (3) Any on-site advertising structure or sign that is allowed to continue for more than ninety (go} days without a poster, bill, printing, painting, or other form of advertising or message for the purposes set forth in Section lg.2.e hereof. A~ended Effecti re: 07-16-85 {Ord. 348.2496} 06-20-89 (Ord. 348.2gB9 } SECTION lg.3. OUTDOOR ADVERTISING DISPLAYS. No person shall erect or maintain an outdoor advertising display in the unincorporated area of the County of Riverside, except in accordance with the following provisions. The changtrig of an advertising message or customary maintenance of a legally existing outdoor advertising display shal~ not require ~ permit pursuant to this section. Standards. 1. Zontng. Outdoor advertising display are permitted only tn the C-1/C-P~ H-SC,.H-H and H-H zones and providing only that the display meets all of the other requtranents of the zontng classification and thts arttcle. Outdoor advertising displays are expressly prohibited in all other zones. 2. Spactng. No outdoor advertising titsplay shall be located within ftve hundred (SO0) feet tn any direction from any other outdoor advertising display on the sane stde of the htghway; provided, however, that tf tn a particular zone a different Interval shall be stated, the spactng tnterval o.f the particular zone shall prevail. No outdoor advertising titsplay shall be erected within the boundary of any significant resource as defined in Section 19.2.o. of this ordinance. No outdoor advertising display shall be located within one hundred fifty (150) feet of property for which the zoning does not allow advertising displays provided; however, that an outdoor advertising display may be placed within one hundred (150) feet of property for which zoning does not-allow displays, if at the time an application for an outdoor advertising display permit is applted for, there is no existing residential structure or an approved butlding permit for a residential structure within one hundred fifty (1SO) feet of the location of the proposed outdoor advertising titsplay. 3. Height. The maximum height of an outdoor advertising display shall not exceed a height of twenty-five (gS) feet from the roadbed of the adjacent freeway or highway to which the display is oriented, or a maximum height of twenty-five (25) feet from the grade on which it is constructed, whichever is greater. 4. Poles. A maximum of two (2) steel poles are allowed for support of an outdoor advertising display. 5. Roof Mounts. No outdoor advertising display shall be affixed on or over the roof of any butlding and no. display shall be affixed to the wall of a building so that it projects above the parapet of the building. For the purposes of this section, a mansard style roof shall be considered a parapet. 6. Number of Displays. No more than one (1) proposed outdoor advertising display per application shall be permitted. 7. Setbacks. No outdoor advertising display shall be erected within an established setback or building line, or within road right-of-way lines or future road right-of-way lines as shown on any Specific Plan of Highways. A minimum setback from the property line of one (1) foot shall be required. 8. Ila~ber of Olsplay Faces. No more than two (2) cltsplay faces per outdoor advertising display shall be permitted. Back-to-back and V-type dtsplays shall be allowed provided that they are on the same outdoor advertising structure and provided that the V-type 246 displays have a separation between display faces of not more than twenty-five (25) feet. g. Lighting and Illumination of Displays. An outdoor advertising display may be illuminated, unless otherwise specified, provided that the displays are so constructed that no light bulb, tube, filament, or similar source of illumination is visible beyond the display face. Display making use of lights to convey the effect of movement or flashing, intermittent, or variable intensity shall not be permitted. Display shall use the most advanced methods to insure the most energy efficient methods of display illumination. Within the Palomar Observatory Special Lighting Area, all displays shall camply with the requirements of Riverside County Ordinance No. 655. 10. Display Movement. No outdoor advertising displays shall move or rotate, to display any moving and/or rotating parts. No propellers, flags, or other noise creating devices, and no architectural embellishments which utilize mechanical or natural forces for motion, shall be permitted. Use of daylight reflective materials or electronic message boards using flashing, intermittent or moving light or lights is prohibited, provided, however, that electronic message boards displaying only time and/or temperature for periods of not less than thirty ($0) seconds is permitted. 11. Display Face Size. No outdoor advertising display shall .have a total surface' area of more than three hundred (300) square feet 12. Outdoor Advertising Display Permit Required. No person shall erect, alter, repair, or relocate any outdoor advertising display without first obtaining an outdoor advertising display permit pursuant to Riverside County Ordinance No. 457. No outdoor advertising display permit shall be issued unless and until the Bull ding Di rector determines that the proposed actt vt ty is in accordance with this Article and Riverside is in accordance with t.~is Article and Riverside County Ordinance NO. 457, and that the applicant has obtained a valid State Outdoor Advertising permit. 1~3~ zd~ttficatton. No person shall place, erect, or maintain an outdoor advertising display and no outdoor advertising display shall be placed, erect, or maintaining. anywhere within the unincorporated area of Riverside County unless there is securely fastened thereto and on the front display face thereof, the n~e of the outdoor advertising display owner in such a manner that the name is visible fr~ the highway. Any display placed, erected, or maintained without this identification shall be deemed to be placed, erected, and maintained in violation of this section. )4. Mobile Displays. No person shall place maintain, or otherwise allow a mobile vehicle, trailer, or other advertising display not permanently affixed to the ground, as defined in Section 19.2.b. of this ordinance, to be used as an outdoor advertising display. ~. Display Znventory. In order to evaluate. and assess outdoor advertising displays within the un!nco.rporated area of Riverside County, within one hundred eighty (X80) clays of the effective date 247 of this ordinance and on each fifth (S) anniversary after the effective date of this ordinance, each display company with outdoor advertising displays within the unincorporated area of Riverside County shall submit to the Department of Building and Safety, a current Inventory of the outdoor advertising displays they currently own and/or maintain within the unincorporated area of Riverside County. Failure to submit a current or accurate inventory shall be deemed to be a separate violation of this ordtnance. 16. Temporary On-site Advertising Signs. Unless o~heruise speoi£ied under So,cAen 19.8 o£ ~Ls oz~L~nanoe, ~he above Standards vJ.3.X appXy to aXX on-sAte teuportty sAgns. b. Processing Procedure. 1. Application. In addition to all other applicable Federal, State, and local laws, rules, regulations and ordinances, no outdoor advertising. display Or tem~orary outdoor advertising displey shall be placed or erected until a permit therefore has been issued by the City of Tome~zl&, on the form provided by the Planning Department accompanied by the filing fee set forth in Ordinance No. 671 and meeting the Requirements of Section 18.30 of this ordinance. Fees and &pp14oatAon forms for use of temporary on-sAte &dvort4sing signs ~an be found in SeerAsh 19.8 of this ozdiaan~e. Said'~ltcatton shall also consist of ten (10) copies of a Plot Pla~- drawn to scale, containing the rime, address or telephone number of the applicant., a copy of the current valid State Outdoor Advertising Permit, and a general description of the property upon which the outdoor advertising display is proposed to be placed. In addition, the applicant shall provide sufficient nuaber of address labels as deemed appropriate by the Planning Director for all property owners within a five hundred foot (SO0') radius of any proposed outdoor advertising titsplay. The Plot Plan shall show the precise location, type, and size of the proposed outdoor advertising displays, all property 1tries, zoning, and the dimensions, location of and distance to the nearest advertising displays, building, business districts, significant resources as determined by the ordinance, public and private roads, and other rights-of-way, building setback lines, and specifically planned future road right-of-way lines, and any and all other infonnation required by the Planning Director in such a manner that the proposed display may be readily ascertained, identified, and evaluated. Hearing and Notice of Decision. Upon acceptance of an application for an outdoor advertising display as complete, the Planning Oirector shall transmit a copy of the application to the Depar~ent of Butlding and Safety for review and comment. (a) Not less than thirty (30) days after acceptance of the ;~pltcatton for outdoor advertising titsplay as c~nplete, the arming Otrector shall schedule the time and date on which the Planning Oirector's decision on the application is to be made. Not less than ten (10) days prior to the date on which the decision is to be made, the Planntng Otrector shall give notice of the proposed outdoor advertising display, by mail or delivery, to all owners shown on the last equalized assessment roll, and any updates, as Owning real property 248 (b) (c) within a five hundred (500) foot radius of the exterior boundaries of the parcel upon which the proposed outdoor advertising display is to be located. Notice of the proposed outdoor advertising display shall also be given by publication in a newspape.r_ of general circulation within Riverside County. The Notice shall include the statement that no public hearing will be held unless a hearing is requested, in writing, and delivered to the Planning Director at least two (2) days before the date scheduled for' the decision is to be made. No public hearing on the application for an outdoor advertising display shall be held before a decision ts made by the Planning Director, unless a hearing is requested, in writing, by the applicant or other interested person, or if the Planning Director determines that a public hearing should be required. If no public hearing is requested or required, the Planning Director shall give the.Notice of Decision to the applicant and any other person who has made a written request for a copy of the Notice of Decision. The decision of the Planning Director shall be considered final unless within ten (10) days of the date of mailing of the Notice of Decision to the applicant, an appeal therefrom is filed. If a public hearing is required under the provision of this subsection, notice of the time, date, and place of the hearing before the Planning DI rector and a general description of the location of the real property which is the subject of the hearing, shall be given at least ten (10) days prior to the hearing as follows: {1) Hailing or delivering to all owners of real property which is located within a $00-foot radius of the exterior boundaries of the parcel upon which the proposed outdoor advertising display is to be located as, such owners are shown on the last equalized assessment roll and any updates. (2) The Planntng Director may require that additional notice be given in any other matter the Oirector deems necessary or desirable. If a publtc hearing is required, the Planning Oirector shall hear relevant testimony fro~ interested persons and make a decision within a reasonable time after the close of the public hearing. A Notice of Decision shall be filed by the Planning Director with the Clerk of the Board of Supervisors, not more than fifteen (15) days after the decision. A copy of the Notice of Decision shall be mailed to the applicant and to any person who has made a written request for a copy of the decision. The Clerk of the Board of Supervisors shall place the Notice of Decision on the next agenda of the Board of Supervisors held five (5) or more days after the Clerk receives the Notice of Decision from the Planning Oirector. 249 Appeals. The decision of the Planning Director shall be considered final unless an appeal therefrom is filed. (a) (b} Appeals to Planning Commission. The applicant or any · interest person may file an appeal, accompanied by the fee set forth in Ordinance No. 67! of this ordinance, and on the form provided by the Planning Department within ten {10) days after the Notice of Decision is mailed for those matters where a public hearing was not requested or required or within ten (10) days after the Notice of Decision appears on the Board of Supervtsor's agenda. The appeal shall state the reasons why it is believed the action of the Planning Director is improper. Upon receipt of a completed appeal and fee, the Planning Director shall set the matter for hearing before the Planning Commission. Notice of the hearing on the appeal shall be given in the same manner that notice was tven i~ the same manner that notice was given under 19.3.b 2)(b). The Planning Commission shall render its decision on the appeal within ten (10) days of the closing of the hearing. A Notice of the Decision of the Planning Commis'sion shall be filed by the Planning Director with the Board of Supervisors, not more than fifteen (15) days after the decision. A copy of the Notice of Decision shall be mailed to the applicant, appellant and to any person who has made a written request for a copy of the decision. The Clerk of the Board of Supervisors, shall place the Notice of Decision on the next agenda of the Board of Supervisors, held five {5) or more days after the Clerk receives the Notice of Decision from the Planning Director. The decision of the Plannin~ Commission shall be considered final unless an appeal therefrom is filed. Appeals. to Board of Supervisors. The decision of the Planning Commission shall be considered final unless an appeal therefrom is filed. The applicant or an interested person may file an appeal, accompanied by the fee set forth in Ordinance No. 671 of this ordinance, and on the form provided by the Planning Department within ten {10} days after the Notice of Decision of the Planning Commission appears on the Board of Supervisors's agenda. The appeal shall state the reasons why it is believed the action of the Planning Co~mission is improper. Upon receipt of a completed appeal and fee, or if the Board of Supervisors ass~es Jurisdiction by ordering the matter set for public hearing, the Clerk of the Board of Supervisors shall set the matter for public hearing before the Board of Supervisors, not less than five ($) days nor more than thirty {30} days thereafter, and shall give notice of the time and place of the hearing in the same manner as notice of the time and place of the hearing in the same manner as notice was tven for the hearing before the Planning C~mmission. The oard of Supervisors shall render its decision within thirty 25O (30) days following the close of the hearing on the appeal. The decision of the Board of Supervisors shall be final. Revocation. Any outdoor advertising display permit which has been issued as a result of a material misrepresentation of fact by the applicant or his agent, whether or not a criminal prosecution is initiated therefor, may be summarily revoked by - the Planning Oirector who shall forthwith give written Notice of Revocation to the applicant. Within'thirty (30) days after notice is given, any outdoor advertising titsplay authorized by said outdoor advertising display permit shall be removed at the applicant's expense. Failure to remove the titsplay within said thirty (30) days shall be deemed a separate violation of this ordinance. Nothing in this ordinance shall authorize the Installation or maintenance of any outdoor advertising display which is in violation of any State or Federal law or regulation. Enforcement. Wherever the officials responsible for the enforcement of a~nintstratton'of the Land Use Ordinance or their designated agents, have cause to suspect a violation of this article, or whenever necessary to investigate either an application for the granting, modification, or any action to suspend or revoke an outdoor advertising titsplay permit, or whenever necessary to investigate a posstble violation, said agents may lawfully gain access to the appropriate parcel of land upon which said violation is believed to exist. The following provisions shall apply to the violations of this article: All violations of-this article co~mitted by any person, whether as agent, employee, officer, principal, or otherwise, shall be a mis dame ano r. 2. Every person who knowingly provides false information on an outdoor advertising display permit application shall be guilty of a misdemeanor. 3. Every person who fatls to stop work on an outdoor advertising display, when so ordered by the Otrector of Building and Safety or the Planning Oirector, shall be gutlty of a misdemeanor. 4 Every person who, having received Notice to Appear in court to answer a related charge, willfully fatls to appear, shall be guilty of a misdemeanor. 5 A misdemeanor may be prosecuted by the County in the nane of the · People of the State of California, or may be redressed by civil action. Each violation is punishable by a fine of not more than one thousand dollars (1,000.00), or by impriso~nent in the County jail for a term of not more than six (6) months, or by both fine and tmpri sonnent. 6. Every person found guilty of a violation shall be denned guilty of a separate offense for every day during a portion of which the violation is c~nmitted. continued, or permitted by such person. 7. Every illegal outdoor advertising display (permanent or temporary) and every abandoned outdoor advertising display is hereby declared to be a public nuisance and shall be subject to abatement by repair, rehabilitation, or removal in accordance with the procedures contained in Section 3 of Riverside County Ordinance No. 457. 251 ~ de Nonconforming Signs. Every outdoor advertising display which does not. confore to this ordinance shall be cleaned to be a nonconfoming sign and shall be removed or altered tn accordance wtth this ordinance as fol lows: 1. Any outdoor advertising display which was lawfully in existence prior to the effective date of the enactment of Ordinance No. 348.2496 (July 16, lg85) shall be abated or brought into confomance with these provisions by July 17, lg90. 2. Any outdoor advertising display which was lawfully in existence prior to the effective date of the enactment of Ordinance No. 348.2856 (June 30, lg88) but after the effective date of the enactment of Ordinance No. 348.2496 (July 16, lg8S) shall be abated or brought into conformance with these provisions by July 1, 1993. Any outdoor advertising display which was lawfully in existence prior to the effective date of Ordinance No. 348.2989 but after the effective date of the enactment of Ordinance No. 348.2856 (June 30, 1988) shall be abated or brought into conformance ~dth these provisions within eleven (11) years of the effective date of Ordinance No. 348.2989. If federal or state law requires the County of Riverside to pay just compensation for the ranoval of any such lawfully erected but nonconforming outdoor advertising display, it may renain in place until just compensation as defined in the Eminent Domain Law (Title 7, of Part 3 of the Code of Civil Procedure) is paid. e Illegal and Abandoned Outdoor Advertising Displays. All illegal outdoor mdvertising displays and all abandoned outdoor advertising displays shall be renoved or brought into conformance with this ordinance immediately. knended Effective: 07-16-B5 (Ord. 348.2496) 06-30-B8 (Ord. 348.2856) 06-20-89 (Ord. 348 2989} 252 SECTION lg.4. ON-SITE ADVERTISING STRUCTURES AND SIGNS. No person shall erect an on-site advertising structure or sign in the unincorporated area of the County of Riverside that is in violation of the provisions contained within any specific zoning classification in this ordinance or that is in violation of the following provisions. a. Free-standing Signs 1. Located within 660 feet of the nearest edge of a freeway right of way line. !~I The mmximum height of, sign sh,11 not exceed 45 feet. The maximum surface area of a sign shall not exceed 150 square feet. 2. All Other Locations. (a) The maximum height of a sign shall not exceed 20 feet. (b} The maximum surface area of a sign shall not exceed 50 square feet. 3. Shopping Centers - All Locations. Notwithstanding the provisions of sub-paragraphs 1 and 2, an alternate standard for free standing on-site advertising signs for shopping centers is established as follows: (a) the maximum surface area of a sign shall not exceed 50 square feet of .25 percent (1/4 of l~) of the total existing building floor area in a shopping center, whichever is greater, except that in any event, no sign shall exceed 20D square feet in surface area. b. The maximum height of a sign shall not exceed 20 feet. 4. Number of Free-standing Signs - All Locations. Not more than one free-standing sign shall be permitted on a parcel of land, except that if a shopping center has frontage on 2 or more streets, the shopping center shall be permitted 2 free-standing signs, provided that the 2 signs are not located on the s~e street; are at least 100 feet apart and the second sign does not exceed 100 square feet in surface area and 20 feet in height. Signs Affixed to buildings - All Areas 1. No on-site advertising sign shall be affixed on, above or over the roof of any building, and no on-site advertising sign shall be affixed to the wall of a building so that it projects above the parapet of the building. For the purposes of this section, a mansard style roof shall be considered a parapet. 2. The maximum surface area of signs affixed to a building shall be as fol 1 ows: (a) Front wall of building - The surface area of the sign shall not exceed 10% of the surface area of the front face of the building. (b) Side walls of a building - The surface area of the sign shall not exceed 10% of the surface area of the side face of the building. (c) Rear wall of a building - The surface area of the sign shall not exceed 5% of the surface area of the rear face of the building. 253 Directional Stgns- Directional signs to advtse patrons of location, distance or purpose shall be permitted on a parcel of land as follows: 1. The maxtm~ hetght of such signs shall not exceed 3 feet. 2. The maxtmum surface area of such signs shall not exceed 6 square feet. On-site Identification Signs - On-site identification signs affixed to the surface of walls, windows, and doors of permanent structures, which do not exceed 4 inches in letter height and do not exceed 4 square feet in area are permitted in addition to any other sign permitted in this ordinance. SECTION 19.5. FOR SALE, LEASE OR RENT SIGNS. For sale, lease or rent signs shall be permitted to be placed in all zone classifications subject to the following regulations.~. 1. For one and two family residential uses - one sign not exceeding 4 square feet in surface area and not more than 4 feet in height. 2. For multiple family residential uses - one sign for each separate frontage on a street, each sign not to exceed 16 square feet in surface area and not more than 8 feet in height. 3. For conmerctal uses - one sign for each separate frontage on a street, each sign not to exceed 24 square feet in surface area and not more than 8 feet in height. 4. For industrial uses - one sign for each separate frontage on a street, each sign not to exceed 32 square feet in surface area and not more than 10 feet in height. 5. For agriculture uses - one sign for each separate frontage on a street, each sign not to exceed 16 square feet in surface area and not more than 8 feet in height. SECTION lg.6 SUBDIVISION SIGNS. n~n-site subdivision signs, advertising the c inal sale of a ~ivision are permitted within the boundaries of a subdivision, upon royal of a plot plan pursuant to Section 18.30 of this ordinance .d subject to the following minim~n standards: 1. No sign shall exceed 100 square feet in area. 2. No sign shall be within 100 feet of any existing residence that is outside of the subdivision boundaries. 3. No more than two such signs shall be permitted for each suball vi sion. 4. No sign shall be artificially lighted. Off-site subdivision signs advertising the original sale of a subdivision, shall be permitted in all zone classifications, except the C-P-S, N-A, and W-1 Zones, provided a conditional use permit is granted pursuant to the provisions of Section 18.28 of this ordinance, and subject to the following minimm~ standards: 1. No sign shall exceed 100 square feet in area. 254 2. No sign shall be within 100 feet of any existing residence. 3. No more than two such signs shall be permitted for each subdi vision. 4. The maximum period of time a sign may rmain in place shall be two years. S. No sign shall be artificially lighted. 6. An agrement, secured by a $100 cash bond, shall be executed with the County for each sign, assuring the ranoval of the sign within the allowed time period. The bond and agreement shall be filed wi th the Deparlment of Butl ding end Safety. Added: 09-13-73 (Oro. 348.1201) knended Effectt re: 01-20-77 (Ord. 348.1540) 06-27-78 (Ord. 348.1658) 09-25-80 (Ord. 348.1855) 07-16-85 (Ord. 348.2496) SECTION 19.7. TEMPORARY POLITICAk SIGNS. For the purpose of this ordinance, a tsnporary political sign shall mean a sign, not otherwise permitted by this ordinance, which encourages a particular vote in a scheduled election. be Notwithstanding any other provision of this ordinance, temporary political signs are permitted in all zoning classifications subject to the following limitations: 1. No such sign shall exceed 16 square feet in surface area. 2. ;4o free-standing tmporary political sign shall exceed 6 feet in height. 3. No lot shall contain t~nporary political signs having an aggregate surface area in excess of 80 square feet. 4. No such sign shall be artificially lighted. 5. No such sign shall be erected or placed more than gO days prior to the scheduled election to which it pertains. 6. All such signs shall be removed within 10 days after the scheduled election to which they pertain, except that a sign erected or placed for a candidate who prevails in a primary election may be maintained until 10 days after the final election. 7. No such sign shall be erected, placed or maintained upon any private property without the consent of the owner, lessee, or person in lawful possession of such property. 8. No temporary political sign shall be erected, placed, or maintained on any publicly owned tree or shrub or upon the improved portion of any street or highway right of way which is used for traffic or pa rki rig. g. No t~nporary political sign shall be erected, placed or maintained so that it does any of the following: (a) Mars, defaces, disfigures or damages any public building, structure or other property. (b) Endangers the safety of persons or property. 255 Co (c) Obscures the view of any fire hydrant, traffic sign, traffic signal, street sign, or public tnfomational sign. (d) Blocks motorists' lines of sight to areas of vehicular or pedestrt an traffic. Any temporary political sign erected, placed or maintained in violation of any provisions of this section may be removed by the County $ days after notice of the violation is given to the concerned candidate or sponsor, and to the owner, lessee or person in lawful possession of the property. Any tmporary political sign which constitutes an immediate danger to the safety or persons or property, or which has not been r~noved within 10 days after the scheduled election as provided in subsection {b)(6), may be rgnoved by the County summarily and without notice. The County may bring as action to recover the reasonable cost of sign r~noval uncier this subsection. Added Effecti ve: 04-Z1-83 (Ord. 348.2126) BECTZON Z9.8. TEZ~OI~:t.Y ON-$ZTE~DV'F~TZSZNG 8ZGNS &. a~bient Ai= Balloons Do£inition: Ambient A~= Balloons a=e tempo=ary structures supported by fo=oedcold air (non-helium), constructed o£ £ab=io hate=isis, and £ixed tot he g~ound o=roo£ top using steel cableancho=ing systems. They may be illuminated at night using elect=ical lighting systeme. Restrictions: Ambient ai= balloons shall'be allowed only in oomme=ci&l and indust=ial zones subject to o¢~pliance withthe £ollowing provisions: l. The maximum allowable size o£ any belloon allowed by this section shall be limited to no more than 1,$00 square ~eet, as measured at the c=os8 section of the belloon used. (City o£ San Marcos Ordinance). 2. All balloons shall be ground mounted o= =oo£ mounted. The allowable height shall not exceed thirty (30) feet, as measured £rcm the point o£ anchor to the haigheat portion o~ the balloon. (City o£ San Marcos Ozxlinance). 256 3. Balloons may _not be free-floating (tethered) nor constructed in a shape differing from the "hot-air balloon shape" typically portrayed in Ternsoul&' s annual ballon and ~ine festival. Example, balloons in the shape of blimps, cartoon characters etc. shall not be per~itted (TCC reco~endation) 4. Ambient balloons shall be permitted to be displayed for a period not to exceed fifteen (15) consecutive days within any sixty day ($0) consecutive day period (City of Vista Ordinance). In addition, a 30 consecutive day permit may be issued by the City during the month of Temeoul&'s annual Balloon and Wine Festival. (TCC rec~endation) 5. The n-~er of balloons used for advertising purposes shall be restricted, allowing for no more than three (3) at any one site during any allowed time period (city of San Marcos Ordinance). In addition, the spacing of such balloons shall be sufficient enough as to prevent rubbing, overl&pping, or entanglement of one another (TCC recc~endation). 6. All such balloons utilized within the City must first obtain the approval of the Building Director and the Director of Planning. Approval shall be obtained by the s-~4 ttal' of an &pplioation and payment of required fees (to be established by the Director of Planning). The application shall be aoco~panied with a drawing, utilizing the site plan, specifying the location of the balloon to be approved by the Planning and Building Departments with the specified dates of the set up and take down for all proposed belloohs. (Standard application procedure for temporary signs). 7. Any violation of the adopted regulation shall be subject to a default amount for each separate offense. Each day of violation or non-co~pliance with these regulations shall be deemed as a separate offense and subject to the penalties and payment of default amounts established by the City Council. (City of San Marcos Ordinance). APPENDIX A CURRENT CITY ORDINANCES THAT INCORPORATE AMBIENT AIR BALLOONS JL~-14-'~ 13:45 ID:CITY OF SA~MARCOS TEL NO:61.c~744~-w43 ~391 P02 c t8 105 V~ R~C~MAR AVENU~ SAN MARCOS. C~L~FOR~IA g206g 6tg/744~ AMBIENT AIR BALLOON APPLICATION (and other inflatables) CASE NO. Accepted by: Da~e: Receipt ~0~' Refundable Amt-- APPLICANT: BUSINESS NAME: ADDRESS: PHONE NUMBER: Approved: Denied: Date:. SIGN COMPANY: ADDRESS: PHONE: DATE BALLOON(S) TO BE INSTALLED: DATE BALLOON(S) TO BE REMOVED: NUMBER OF BALLOONS: SIZE OF EACH (a), MATERIAL USED: (b) . ,(c) INSTRUCTIONS TO APPLICANT Filing fee: $50.00 for application plus $200.00 for deposit fee, (The desposit fee is refundable after the removal of the inflatable. This fee will be used to defray cost of ~emoval upon any violation of city regulations.) Submit: One (1) folded 6i~e plan illustrating the loca=ions of the balloon(s) on the site. Ohs (1) elevation drawing to scale. showing the location of balloon(s) on the building. One (1) drawing or photograph of the balloon with a description of the balloon. Include the balloon material, attachment method and air source. I have read Ordinance No. 84-637 pertaining tO inflatable balloons, I agree to comply with the requirements stated therein. (signature) JUN-!4-'_qO 13:46 ID:CITY OF SAN MARCOS TEL N0:6;197447543 I~39! P03 ....... ORD[NANCE NO. AN ORDINANCE OF 'tHE CITY COUUCIL OF 'lite CITY SAN P, AECOS A/~NDZIq(~ THE ZOMING O~D[NARC£. BY ADDING NL~t PROVISIONS TO SECTION 924o A~TtCLK XAXVIII. SIGNS, pERTAINING TO A24BI~ AIR AND $1HI~AR The CiC¥ Council ot Che City ot San Hercos DOgS O~DAIN as follows: ~eccion I. The JaG KegCOl Municipa! Code is hereby amended by- adding nov provisions ~o Section t24. A~cicLe x~CXVlI! o~ the zoning APPF~DIX & ZONIN~ ORDINANC~ A~Tzcr~ XXXVXII Section 924. $ign~ lp®~itt¢&~Xy aXlo~ed. No~hi~ in C~eso sigu provisions BlMII be conecued am limi~inq use o~ the relieving stgu. uxcep~ Co~ colsong at PUbLic Sa~ecy: public necassicT such as road signs sea saCsoy beacons. erected by ~tderal, trace, or local agencies. !tollday deco=octane ~hat do not &dyecrUse a produc~ service or esCabllt~utent, for up cO Carly (40) dayl before a holiday aud.:en (10) daft after. Ambiehc aic balloons and other similar intlatibtes s~ail be allowed only in cosms=cl&l and i~dusc~ial zones subject CO Coupliaoce ~lch one foXloving pro¥tsio~s.~ ln£ia~ibies) Ihali be illeyed for a p~Ciod at ~o~ sore CI~IU 14 celiadi~ days vicbin any one cale~d~r year. ATL such inflictbias utilized virgin c~e City must ~tcsL obtain t~e approval of t~e auLddins 0tractor and ~he OtcecCo~ O: etanfi~ng. Approva~ sha~ be'obtained JUN-14-' 90 13:47 ID:CITY 0~ SAN MARCOS TEL N0:619744'7545 ~391 P04 04-637 e) d) e) requited Cees (to be established by cAe Diceecsc oC Planning). The application shall be SCCQUpinied with a d£aving, utilizing a site plan, speciering the location o~ the .lnrlaC£ble to be app~oYed by Planning &~d Building Depaccmencl vlC~ ~he specified d&~el O~ ~Ao le~ up mad take dove ~oc all p~oposed ln~latibtes. The time period IXio~ed Co~ such use st~ll be no Xonge~ c~an: u~ to L4 sep&ca~e days in taleodE: Mea~ o: as macs than a uximum or 14 consecutive days 'in s eaXend&~ yeac. All all·red iatlaCibles epecl~ied by c~ls section tn£laCibles. iUidiCio~ali¥, all allovid shall be g~o~nd Eauaced o~ coot-mounted. &liarable hetgh~ shall risc exceed · height o~ tbirtT (30) ~ee~, as leasneJd r:On.Che lu)l~t ot anchor .~o the hLghasc paction o~ the The nuube~ or ln~loCibles used ~OC p~C~osee shall be [es~ic~ed aL~ov~n~ toc no uo~e t~ee such tu[lacLbtes 'a~ aa~ one site du~t%g ill·red CLue period. The nExtnun allowable size st any iaClacible all·red by ~his section s~ll be linl~e~ ~o as aoce ~Aia ~.500 squaze ~ee~, as Boasuged i~ ~e'ccoss section of ln~lacibleCs) used. ~e ~e[niC ~oces~ [oc ~e use o~ ln~laCibles sh~ll be in ~dmlniscca~Lve eccton b~ Lhe CI~y. The pecmic must end ausc be accompanied by a cash deposi~ equal ~o t0UC ctaes the pecutc tee (dec·sited vt~h the City) which ~oul4 be used to deCray cos~ oC ~eaovJl Upon default oC vto~o~ton or Cl~y ciguli~ions, The enfoccomenc st Ch~S sec~ton, say C~cy 6genc upon one $L~.;-14-'.c~ 1~:47 ID:CIT¥ OF SAN I~c~,CO$ TEl_ N0:619744~43 ~91 P~-J_, GcdLn3nce 14-637 OCtOber 23. X984 the tight Co enter the premises Co coleve the t~t~ac~b~e d~sp~ay, ~rov~ded ~c'e was ~ deClearned g. ~e perBiSCom o= ~hei~ agent shall a~ecity the The Building and Planhang Dicedcots 8~1~ determine i~ h) Xn ,ddt~ton to prowLdang the tn~oc~cLon on cbe stce ptovtdt~g ~aX~Xactons ot square ~oocaqe o~ maXthus cross se~cto~ area ~nd t~dtc~ct~ ~be coral numbe~ o~ Xtaeal tee~ ot defaces s~spended br vtce tn ~he T~e locations tndtca~ed on c~e pec~c and appcove~ and O~ Came '~oc WhiCh the pe~a~c ~s tssued. ~y vtolaC~on ot the adopted regulation s~l be subject to a default amount ~oc each separate these requta~tonG $ha~t be deemed as a sapacace offense end sub)act co the penaLcams and payment ot dot/urn,amounts estabLiShed by c~e CLcy Council. shalt eeoctry ~o c~e adoptLoft of this ordtnanee and cause i~me Co ~e PubLished ~nd posted tn the manner required by $Lt~-14-.'C~l ~: -18 ID:CITY OF' SRH I'tqRCDS TEl_ N0:6~9744'754~ ordih&nce its zeguL&c meeting held on the 22[d day o~ Oc~obec. L~14. by the ColiowL~g coil c&~l voce: AYKS: ~:)UNCXL,.MEI4:BEES: HAREZS. SZI, O4ONS. SH(TH. ~UtTON #OgS: ~'~OUNCEL,14Z34BEBS: NONE r, G. BUtTOH, I(AYOR CITY OF SA~ ~ARCOS ATTEST: · -. . °* ~.7,0 ZA ." JUN--14--90 ~RI 1/) :~? P-01 sign, and in addition, deposit cash, certified check, or instrument of cre~t in the amount of five hundred dollars ($500,00) with the city as security to .ensure the removal of each such sign. Upon failure to so re- move same aft~ writLen notice thereof from the city upon expiration of the llxinor use permit, such sum may be utilized by the city to pay for such removal and any unused portion shall be r~funded or rel~_~d after such removal. (a) ' De~mitio-- Az~ porteble e~. I~nner, t~tloo.. peonant, ~l~, o~ ectv~ displa~ co~trv~ o~ cloth, ten- yea, light fabric. paler, cardbea~l, wallboarcT. or other light materials, with or without frames, intended to be display~l for a liraitel perio~ o.f time duly. (b) Permitt~ mne~ O-P, C-l, C-2, CS, C-? ~nd M-I zone~. (c) .Loca~on. Shall not be located or project into say public right-of, way or private road easement. (d) Number permitted, 1~o limitations. (e) Area. 1. Sign ar~ of all such signs shell not exceed accumu- lative total of one hundred (100) ~quare feet. Signs made of rind materials sh~11 not exceed twenty-four (24) sqtmre feet. 2. Copy are~. Ho limitations. (f) Height. Signs made of rigid material and placed upon the groumi shall not ~xceed a height of ~ix (6) feet. All other temporary signs shall not exceed the follow- ing height limitations: ~. Sup!~ No. 29 A-72.24 brand fax lransm,tlal memo 7671 !,o~ § 1804 APPF~DIX A--ZONING (92) 1. O-Pzone~. Twenty (20) feet. 2. C-l, C-2, C-8, C-T and ]~f-I zones. Th|rty (30) feet. (g) ~ provisions. Temp~___arx .si_~.8__~_ha~.ll..be list.ted to ad..ve~_'_'_.ug. ~ _open.'lh~.~ sp~.,.'...al.. p~motio.ns., sales, spe. cial evont~, lmub.!!¢ .holidays and outdoor exhibitions or pe~or~'~nces on the premises subject to thes~ iimitati0u~: 1. Temporary signs sh-~11 advertise only the goods and services available on the premises where the sign is located. 2. Temporary signs shall be, Lmermit.tefi. 0n.!Y jf the party responsible for the posting and maintenance of auch ,, Nanme, address ~ telephone number of the re. sponsible party; b. A written de.scriptiou of the display; ¢. The date on which posting is ~ commence; d. 'inae date o,, which the sign(s) are to be removed. $. Temporary ~ign~ shall be pestLied for a period not to exceed tiffin (15) cou~,cutive days within any sixty (60) consecutive day period, Transit shelter signs. (a) De£mition. Any sign painted on, attached to or constructed in a transit shelter. (b) Permitted zoning distric~ Transit shelter signs may be permitted in all commercial or industrial districts or in residential districts, subject to minor use permit. (c) Location. Signs may bd'placed upon. attached to or constructed in any vertical surface on the interior of a transit shelter. (d) Area. l. Sign area shall be considered to be the interior surface area of any vertical panel(s) ;>laced to A-72.25 Jilt4-- 1 4--96. F'R ! I 0 : ~8 P . O5 Notification of Sign Ordinance Enforcement Page 2 Temporary Signs.: Temporary signs are defined as "any portable sign, banner, balloon, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, paper, cardboard, wallboard, or other light materials, with or without frames, intended to be displayed for a limited period of time only." Temporar~ signs may only be posted subject to the following conditions: (a) Temporary signs may advertise only the goods and services available on the premises where the sign is located. (b) Temporar~ signs will be permitted for a period not to exceed fifteen (15) consecutive days within any sixty (60) consecutive day period. (c) Temporary signs will only be permitted if the party responsible for the sign submits the following information to the Code Enforcement Office for approval prior to Dosting of any temporary sign: (1) Name, address and phone number of the responsible party. (2) A brief, written description of the display. (3) The date on which posting is to commence. (4) The date on which the sign(s) are to removed. Off-site Real Estat9 Sig~: Off-site real estate signs may be displayed only on weekends, beginning 5:00 p.m. on Friday and ending at midnight the following Sunday. Off-site real estate signs may also be displayed on any legal holiday observed by the City of Vista. Any signs which are ~osted or maintained in violation of these provisions may result in the issuance of the citation (Notice to Appear in Court). Additionally, any sign which is posted in the public right-of-way will be summarily removed by the City's Code Enforcement Division. Your cooperation in adherence to these regulations will be greatly appreciated. If you have any questions or would like additional ln~ormation regarding enforcement of the Sign Ordinance, please feel free to contact the City of vista Code Enforcement Division at 726-1340, Extension 405. JUN-18-'90 10:02 ID:CITY OF ESCONDIDO TEL N0:6197,~14699 CITY OF ESCONDIDO FAX TRANSMISSION COVER SHEET DATE: PHONE: DOCUMENTS TRANSMITTED: - **Fax transmittal ink is not permanent. CITY OF ESCONDIDO 201 N. BROADWAY Emcondido, CA 9202~ (6~9) ?~i-4699 (FAX) T~_NO~ 6199~14699 ~618 P02 $L~-18-'9~ 10:02 ID:CITY OF ESCONDIDO j ¢-G ZGN£ ~t~ f~ ~ ~tcl~ ~al~s (~4m ~ ~. SSIQJ a~ Ib~ ~s ~t~ ~ ~ ~te ai~tw erM ~ly ta CM C~ ~. ~ ~lct~, t~ ~ral ~ls~ ~f ~his Oivisl~ pl~, ~r~ ~c4~t ~li ~c ca~ viq~i ~r~c(~ ~ trf~{lc Mfety. ~t~s ~ld ~ ~ ~ la~ all I~ ~t ~ f~ alslM, ~lks, tJmJ~ a e~, JUN-18-'90 10:05 ID:CITY OF ESCO~DIDO TEL N0:~19~14699 _ ~618 P~5 DEYAILS OF REQUEST AUTO DEALERSHIPS S~,ns ValleMounted Identification Signs Vall-Hounted Signs to Identify Individual Depcs. Dlrectioual Signs ~ETemporary Large os-air Balloons Temporary Banners Proposed Previously ¢G Zone Sign Approved Sign Standards S~_ Standards Standards erie ~onu~lent per dealership or 2 for dealerships franchises and 275' of frontage per dealership~ or, .for dealerships on corners or with la~ge expanses of building ~all, sore than one eith no single el~n to exceed 200 SF and the total area not to exceed gO0 $F Any number with lette£s not to exceed 2~* in height Any number of 8 SF signs Four times per year for 10-day special events Four times per year for 30 days each time One per dealership One 200 SF sifn per dealership Not allowed VeFe no~ expressly allseed, but were sheen on Kxhibit D-1 Not allseed No~ allowed Other Temporary Small helium No~ allseed Displays balloons on seekends One per or parcel Any number at 1 SF per 50 $F of floor area or 100 SF of site area vith a aggregate area of 300 SF (Included ~n above standard) Any number of 6 $F signs Not allowed For tVO 30-day periods per year Alloys any sign or device which moves with breeze for special events not to exceed 10 days · JUN-18-'99 10:05 ID:CITY OF ESCONDIDO TEL_NO:6197~l~699 ~618 ~EI~IiP. iL CO~ll~IiL SHOPPING CENTERS Freestanding Signs' Proposed Si~n Standards One 196 SF internally illumi- nated plexi~lesl pylon sl&u for Nome Depot Center. One externally 111ut- anted wood sign for BurSar King Center Previously Approved $iRn Standards One externally illuminated wood sign for each center (size per CG requirements) Vall-Kounted Signs Leasing Signs Temporary SiSns Internally lit plexiglass for Home Depot Center (one for each in- line shop, two [or outpads and in-line with rear to a street). Externally lit wood for Burger King Center. Size a~d number per CO standards One 6 $F sign in vacant shop window plus one ~0 SF sl~n alonS street Small helium balloons, banners and portable signs to advertise grand openings One 20 $£ or $0 SF wood marquee sign on building front (depending on length of fcontage) Not expressly allowed Not allowed DRAFT COPY FOR STUDY ONLY ¢0 Zone S IE, rL t and a rd s' One 100 SF slsn for each center and one 60 SF monument for each outpad on a separate parcel Any uwaber with area limited to 1 SF sign per $0 SF floor area with maxi- mum aggre- gate o~ ~00 S~ Two 16 S£ signs per parcel or lot Bdu~ners and sisno or other devices which. move v£th breeze to adver- tise special events not exceeding 10 d&ys SR/89-3i-PD/g-3 I D: C ! T¥ OF ESCOHD I DO TEL NO: 61g?~;14699 CONDITIONS 89-34-PD KXHIBIT ~618 P05 A copy of the revised CC&R's shall be submitted to and approved by the Planning Department peer to approval of any sign permits within the Escortdido Auto Park. The submitted CC&R's shall be consistent with Attachment with the follow~n$ exception0: Small helium balloons referred to in Section II.E.2.e.1 shall be allowed only in conjunction with an Issued City permit for temporary display of a banner sign. Banner signs mentioned in Section II.E.2.e.2 shall be l[aited to tvo 30-day periods within any ~2-month period and to 100 SF in area and require a City permit. The use of laree hot-air balloons mentioned ~n Section shall be limited to two 10-day periods within any 12-month pe~od De Section II.E.3.a.3 shall stipulate that 'Nonuaent signs shall not exceed 8 1/2' wide by ~' tall as sho~n in Exhibit D-I.' The heading for Section II.E.~.c shall read 'For any site heine used [or ~eneral coamerc£al purposes other than auto dealerships.' Section II.£.$.c.~ 8~all state that it applies to the Home ~epot Center at the northwest corner of Valley Parkway and Auto Park ~ay. Section II.E.$.c.3 shall read 'Special tigris which vary from this sign criteria ~us~ firs~ be approved by the O~ner, D.~.C., and obtain Planning ¢oaaiss~on concurrence. Section II.E.3.c.8 shall be revised so as not to alloy the postin~ of a temporary f~eestand£ng sign along Valley Parkway. This approval is subject to all applicable conditions of Tract 477 and/or 3. All future requests for signage within the Auto Park shall be approved by the Auto Park Des£$n Review Comm£ttee, City Design Review Committee or Desi£n Review Board, Plannlni Department, and Buildinl Department. Applice~ions shall be submitted to the PlaninS Department a~d shall include three sets of plans and the approval o[ the Au~o Park Design Review Co~mlttee. The City Design Review Co~i~ee or Design ~evie~ Board 8ha~l review ~he request for conformance with the Ctty'o design review 8uidel~es to ensure adequate separation between signs and ............. sppropriite size of signs to prevent sign clutter. City Council Minutes June 26, 1990 18. unWaS ]~mved ~by Co3~cilmem~ Bir~}~sll, ~seconde~ by cil~9~ber~ndema,~.t? appr~qe sta~ecommeSdations to.~ uphol~he a~eal, Subject tg~the recommendations of the City Tra~c En~rneer,.based onj~ndingsand analysis contained t~fCoun~ report. 2) Ap~ove Plot Plan No. 11499, based,~h ~e an~ysis and findings ~.~ntained in the County Staff Repor_~__subject to the condltions of approval revised Ap~l No..~3. .-' ~he mot~6~ was carried by the following vote: Aft'". ...4 COUNCILMEmBeRS: Birdsall, _/~ Mu~oz, Parks NOE~:' 0 /~ COUNCiLMEMBERS: None · ENT'. q NOZLM ERS: /Moor W' W Lindemane m Report by Temecula Commerce Committee on Suggeste4 Sign Ordinance Amendments City Manager Aleshire reported he received a recommendation from the Temecula Commerce Committee founded to consider amendments to the sign ordinance. He suggested taking the suggestions from the committee and having the City Attorney prepare an ordinance. Mr. Aleshire stated these amendments deal directly with the use of balloons as an acceptable form of advertising. He introduced John Bell, spokesperson for the Commerce Committee, to make a presentation. John Bell, 27711 Diaz Road, gave a presentation to Council stating Temecula has unofficially been labeled "The Balloon Capital of Southern California" and stated many merchants have capitalized on Temecula's festive image by using balloons as a form of advertising. He said the present sign ordinance does not provide a vehicle in which merchants can apply for temporary forms of outdoor advertising. He reported that on July 1, 1990, all balloons must come down without an amendment to this ordinance. He said the committee has included in its report a draft proposal which was formulating using other cities as a guide including: San Marcos, Escondido, Vista, Oceanside, Corona and City of Industry. Councilmember Birdsall stated she would like the period not to exceed fifteen consecutive days within any 90 day, not 60 day period. Councilmember Mu~oz stated he would like stricter limits, and asked Council if it is willing to accept the fact that everyone could have a balloon. Nlnute~\6\26\90 - 13- 07/10/90 City Council Minutes June 26. 1990 Ed Morale, Commerce Committee, spoke regarding an informal survey taken. Of 200 people, only one objected to the use of balloon advertising in Temecula, and that person was in opposition to a tethered balloon which could be a hazard. City Attorney Fields said that all zoning ordinances must first go to the Planning Commission for Public Hearings and then would be brought back to the City Council. He stated this is & rather lengthy process taking anywhere from six to nine months. He suggested adopting a moratorium amending standards for up to one year period of time, while planning is reviewing the Ordinance. It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to direct staff to prepare a moratorium ordinance permitting use of specific balloons as suggested by the committee and incorporating changes suggested by Council to raise the time limit to read not to exceed fifteen consecutive days of use within a 90 day period. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemarts, Muhoz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: i COUNCILMEMBERS: Moore Councilmember Mu5oz moved, Councilmember Birdsall seconded a motion to instruct staff to continue to enforce all other provisions of the County Sign Ordinance. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mu5oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT .' i COUNCI. LMEMBERS: Moore MaWr Par~s requested .~klng~em No~ 20 ou~of o~er.~ ~ity Manager Aleshire reported the owners of? the T~n Ce~er on ~Ynez and Rancho C~ifornia Road would" like;'~o have traffic ~fgnal ..insta~ed. /arranted' and/houl~be i~all~ Al~sugg~ted I~i nut es\6\26\90 - 14- 07/10/90 ITEM NO. 26 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department May 14, 1991 A.C.S., Change of Zone No. 12 PREPARED BY: R ECOMMENDAT ION: Mark Rhoades ADOPT a Negative Declaration for Change of Zone No. 12; o ADOPT Resolution No. 91- Zone No. 12; and approving Change of INTRODUCE and read by title only Ordinance No. 91- : AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE OF ZONE APPLICATION CONTAINED IN CHANGE OF ZONE NO. 12, CHANGING THE ZONE FROM A-2-20 (HEAVY AGRICULTURE) TO I-P (INDUSTRIAL PARK) AND R-5 (OPEN AREA) ON PROPERTY LOCATED ON THE NORTHWEST CORNER OFMARGARITA ROAD AND SOLANA WAY. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: Advanced Cardiovascular Systems, Inc. Markham & Associates Change of Zone from A-2-20 ( Heavy Agriculture) to I-P (Industrial Park) and R-5 (Open Area Zone) on 41.6 acres. A:CZ12-A 1 LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: Northwest Road, A-2-20 corner of Solana Way and Margarita ( Heavy Agriculture) North: A-2-20 South: R-3 East: R-2 West: C-1/C-P ( Heavy Agriculture) (General Residential ) (Multi-FamilyResidential ( General Commercial) I-P (Industrial Park), R-5 (Open Area Zone) Vacant SURROUNDING LAND USES: PROJECT STATISTICS: North: South: East: West: Vacant Multi-Family Residential Single Family Residential/Vacant Automotive Sales/Retail No. of Parcels: No. of Acres: 2 41.64 (gross) BACKGROUND: PROJECT DESCRIPTION: FINDINGS: Change of Zone No. 12 was submitted to the City of Temecula Planning Department on February 20, 1991. The project was considered by the Planning Commission on April 15, 1991. The proposed Change of Zone was forwarded to the City Council with a recommendation for approval by a vote of 4- 0, with one Commissioner absent. The proposed Change of Zone is from A-2-20 ( Heavy Agriculture) to I-P (Industrial Park) and R-5 (Open Areal on ~1 acres generally located on the northwest corner of Margarita Road and Solana Way. The R-5 zone consists of a 75 foot wide strip adjacent to Margarita Road and Solana Way. The strip extends the entire portion of the site adjacent to the public right-of-way. The subject R-5 zone is intended to serve as a buffer strip between the existing and future residential areas and future light industrial development. The proposed zone change will significant adverse effect environment, as determined in Study for this project. not have a on the the Initial A:CZ12-A 2 There is a reasonable probability that the zone change from A-2-20 to I-P will be consistent with the future General Plan. Further, zoning proposed are similar to existing zoning in the vicinity of the project site. There is not a reasonable probability of substantial detriment to, or interference with, the future and adopted General Plan, if the proposed use or action is ultimately inconsistent with the plan due to the fact that the proposal is substantially buffered from surrounding land uses. The proposed change in district classification will likely be consistent with the goals, policies and action programs which will be contained in the General Plan when it is ultimately adopted. The site of the proposed change in district classification is suitable to accommodate all the land uses currently permitted in the proposed zoning district as it is of adequate size and shape for any proposed use. Possible land use conflicts are not likely to arise as the project proposes building setbacks to buffer uses existing in the general vicinity of the subject site. Adequate access exists for the proposed change of zone from Solana Way and Margarita Road. Additional internal access and required road improvements to proposed lots will be designed and constructed in conformance with Riverside County standards. That said findings are supported by analysis, minutes, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. STAFF RECOMMENDATION: ADOPT a Negative Declaration for Change of Zone No. 12; ADOPT Resolution No. 91- Change of Zone No. 12; and approving A:CZ12-A 3 INTRODUCE and read by title only Ordinance No. 91- : AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA. CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANCE OF ZONE APPLICATION CONTAINED IN CHANCE OF ZONE NO, 12. CHANGING THE ZONE FROM A-2-20 (HEAVY AGRICULTURE) TO I-P (INDUSTRIAL PARK) AND R-5 (OPEN AREA) ON PROPERTY LOCATED ON THE NORTHWEST CORNER OFMARCARITA ROAD AND SOLANA WAY, MR:ks Attachments: Resolution Ordinance Map A:CZ12-A 4 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 ma~ter(s) described below. Case No: Applicant: Location: Proposal: Environmental Action: Change of Zone No. 12 Advanced Cardiovascular Systems, Inc. Northwest corner of Margarita Road and Solana Way Change of Zone on 42 acres from A-2-20 to I-P and R-5. 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 Planning Department, 43180 Business Park Drive, Monday through Friday from 9:00 AM until 4:00 PM. Questions concerning the project(s) may be addressed Mark Rheades, City of Temecula Planning Department, (714)694-6400. PLACE OF HEARING DATE OF HEARING TIME OF HEARING Temporary Temecula Community Center 27475 Commerce Center Drive Temecula Tuesday. May 14. 1991 7:00 PM ATTACHMENT I RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CHANGE OF ZONE NO. 12 TO CHANCE THE ZONING ON 41.6 ACRES OF LAND FROM A- 2-20 (HEAVY AGRICULTURE) TO I-P (INDUSTRIAL PARK) AND R-5 (OPEN AREA) AT THE NORTHWEST CORNER OF MARGARITA ROAD AND SOLANA WAY AND KNOWN AS ASSESSOR'S PARCEL NOS. 921-909-007 AND 921-090-080. WHEREAS, Advanced Cardiovascular Systems filed Change of Zone No. 12 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 application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Change of Zone on April 15, 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; WHEREAS, the City Council conducted a public hearing pertaining to said Change of Zone on May 14, 1991, at which time interested persons had opportunity to testify either in support or opposition to said Change of Zone; and WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding the Change of Zone; 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:-- 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. A:CZ12-A 1 (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, makes the following findings, to wit: a) The proposed zone change will significant adverse effect environment, as determined in Study for this project. not have a on the the Initial b) There is a reasonable probability that the zone change from A-2-20 to I-P will be consistent with the future General Plan. Further, zoning proposed are similar to existing zoning in the vicinity of the project site. c) There is not a reasonable probability of substantial detriment to, or interference with, the future and adopted General Plan, if the proposed use or action is ultimately inconsistent with the plan due to the fact that the proposal is substantially buffered from surrounding land uses. A:CZ12-A 2 d) The proposed change in district classification will likely be consistent with the goals. policies and action programs which will be contained in the General Plan when it is ultimately adopted. e) The site of the proposed change in district classification is suitable to accommodate all the land uses currently permitted in the proposed zoning district as it is of adequate size and shape for any proposed use, Possible land use conflicts are not likely to arise as the project proposes building setbacks to buffer uses existing in the general vicinity of the subject site. f) Adequate access exists for the proposed change of zone from Solana Way and Margarita Road. Additional internal access and required road improvements to proposed lots will be designed and constructed in conformance with Riverside County standards. g) That said findings are supported by analysis, minutes. maps. exhibits, and environmental documents associated with this application and herein incorporated by reference, D. The Change of Zone is 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 the Conditions of Approval have been added to the project, and a Negative Declaration. therefore. recommended, SECTION 3. That the City of Temecula City Council hereby approves Change of Zone No, 12 to change the zoning on 41.6 acres of land from A-2-20 to I-P and R-5 at the northwest corner of Solana Way and Margarita Road and known as Assessor's Parcel Nos. 921-909-007 and 921-090-080, A:CZ12-A 3 Resolution. SECTION 4, The City Clerk shall certify the adoption of this PASSED, APPROVED AND ADOPTED this 14th day of May, 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 14th day of May, 1991 by the following vote of the Commission: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS JUNE S. GREEK CITY CLERK A:CZ12-A 4 ATTACHMENT II ORDINANCE NO. 91- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE OF ZONE APPLICATION CONTAINED IN CHANGE OF ZONE NO. 12, CHANGING THE ZONE FROM A-2-20 (HEAVY AGRICULTURE) TO I-P (INDUSTRIAL PARK) AND R-5 (OPEN AREA) ON PROPERTY LOCATED ON THE NORTHWEST CORNER OF MARGARITA ROAD AND SOLANA WAY. THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Public hearings have been held before the Planning Commission and City Council of the City of Temecula, State of California, pursuant to the Planning and Zoning law of the State of California, and the City Code of the City of Temecula. The application land use district as shown on the attached exhibit is hereby approved and ratified as part of the Official Land Use map for the City of Temecula as adopted by the City and as may be amended hereafter from time to time by the City Council of the City of Temecula, and the City of Temecula Official Zoning Map is amended by placing in effect the zone or zones as described in Change of Zone No. 12 and in the above title, and as shown on zoning map attached hereto and incorporated herein. SECTION 2. Notice of Adoption. Within 10 days after the adoption hereof, the City Clerk of the City of Temecula shall certify to the adoption of this ordinance and cause it to be posted in at least three public places in the City. SECTION 3. Taking Effect. This ordinance shall take effect 30 days after the date of its adoption. PASSED. APPROVED AND ADOPTED this 14th day of May, 1991. Ronald J. Parks, Mayor ATTEST: June S. Greek, City Clerk [SEAL] A:CZ12-A CITY OF TEMECULA CITY COUNCIL MAP NO: 3 CHANGE OF ZONE NO: ORDINANCE NO: 12 ADOPTED: EFFECTIVE: I-P R-5 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION April 15, 1991 Case No.: Change of Zone No. 12 Prepared By: Mark Rhoades Recommendation: The Planning Department Staff recommends that the Planning Commission: 1. RECOMMEND ADOPTION of the Negative Declaration for Change ot: Zone No. 12; and 2. ADOPT Resolution No. 91- recommending approval of Change of Zone No. 12. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCAT ION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: Advanced Cardiovascular Systems, Inc. Markham & Associates Change of Zone from A-2-20 ( Heavy Agriculture) to I-P {Industrial Park) and R-5 (Open Area Zone) on 41.6 acres. corner of Solana Way and Margarita Northwest Road. A -2 -20 Heavy Agriculture) North: A-2-20 South: R-3 East: R-2 West: C- 1 / C- P Heavy Agriculture) General Residential ) Multi-FamilyResidential ) General Commercial ) I-P (Industrial Park), R-5 (Open Area Zone) Vacant A:CZ12 1 SURROUNDING LAND USES: PROJECT STATISTICS: BACKGROUND: ANALYSIS: North: South: East: West: Vacant Multi-Family Residential Single Family Residential/Vacant Automotive Sales/Retail No. of Parcels: No. of Acres: 2 41.6~ (gross) Change of Zone No. 12 was submitted to the City of Temecula Planning Department on February 20, 1991. The applicant's original request was for a change of zone on approximately 41 acres from A-2- 20 (Heavy Agriculture) to M-SC (Manufacturing- Service Commercial). The applicant was informed by Staff that the SWAP land use designation for the proposed site is commercial, which is not compatible with any industrial zoning designations. However, the applicant decided to pursue an industrial designation and altered the request to i-P (Industrial Park). The applicant decided to proceed with a light-industrial zone such as I-P because it affords the City stricter developme~ standards. The request for R-5 zoning is for areas adjacent to Margarita Road and Solana Way in order to further buffer the proposed I-P zone from existing and approved residential uses. Location The proposed change of zone is located on the northwest corner of Margarita Road and Solana Way. East of the site across Margarita Road is a 28~ unit approved multi-family residential development. South of the site across Solana Way is an existing high density multi-family residential development. East of the proposed site are existing auto dealership pads and a retail center. Northeast of the site is a proposed specific plan for commercial development which extends north along Ynez Road to Winchester Road. Northerly of the subject site is the proposed Campos Vetdes Residential Specific Plan which extends north along Margarita Road. Chanqe of Zone The existing zoning of the subject site is A-2-20 which is heavy agriculture with a twenty (20) acre minimum lot size. The site consists of two (2) parcels of just over twenty acres each. The proposed change of zone is a request for I-P A:CZ12 2 GENERAL PLAN AND SWAP CONSISTENCY: (Industrial Park) zoning on both parcels. Staff's concern is that I-P zoning is not compatible with any of the adjacent zoning designations. The project is surrounded by R-2 and R-3 zoning to the east and south, C- 1/C-P ( Ceneral Commercial) to the west, and current A-2-20 zoning to the north of the site. The residential areas to the south and east are of greatest concern because of the potential impacts of an industrial use. The I-P zone requires a 50 foot setback where residential or commercial zones are adjacent. This would include the project site perimeter. As a result of Staff's concern regarding residential buffering the applicant has proposed an R-5 strip which will provide open area buffering. The R-5 zone will be shown on the zoning map as a seventy-five (75) foot wide strip along Margarita Road and Solana Way wherever the subject site is adjacent to the subject City rights-of-way. Improvements to the R-5 portion of the site would be considered concurrently with any development plans in the proposed I-P portion of the site. At that time Staff would review the R-5 area relative to pa~l~ type improvements. The proposed change of zone is not consistent with the current SWAP designation of Commercial. The Commercial designation for SWAP does not allow any industrial-type zoning. However, the proposed industrial zoning will be buffered by an R-5 open area strip adjacent to Margarita Road and Solana Way. The I-P zone development standards also insure additional buffering where the project is adjacent to commercial and residential zones. For this reason Staff has determined that the impact of future development on adjacent sites under the proposed zoning would be minimized. Currently, there is a project with existing M-SC (Manufacturing-Service Commercial) zoning across Ynez Road to the northwest. The existing SWAP designation at that site is Restricted Light Industrial. The proposed I-P zoning would facilitate the future development and expansion of the applicant's existing use. A:CZI~ 3 ENVIRONMENTAL DETERMINATION: FINDINGS: The Southwest Area Community Plan has not been adopted by the City of Temecula, however. it is used as a general guideline. An Initial Study prepared for this project indicates that the proposed project will not have a significant impact on the environment. The most significant impacts the proposed change of zone might incur would be relative to traffic/circulation and adverse impacts to adjacent uses, Because of the intensity of uses allowed in the zone. traffic impacts could be substantial. The SWAP designation for Margarita Road is Major Arterial which calls for an ultimate right-of-way of 10 feet. Solana Way has an ultimate right-of-way of 88 feet. This would facilitate the movement of traffic from the proposed site. The applicant has also indicated that access will be partially take~ from Ynez Road which will also relieve impacts on Margarita Road. Potential impacts to adjacent uses from future development will be mitigated through the enforcement of development standards. The I-P zone requires a 50 foot setback when adjacent to commercial or residentially zoned areas. In addition, the applicant proposes an R-5 open area buffer zone along Margarita Road and Solana Way. This will further separate the existing and future residential uses from the possible future impacts of light industrial development. Staff recommends that a Negative Declaration be adopted. The proposed zone change will not have a significant adverse effect on the environment, as determined in the Initial Study for this project. There is a reasonable probability that the zone change from A-2-20 to I-P will be consistent with the future General Plan. Further, zoning proposed are similar to existing zoning in the vicinity of the project site. A:CZ12 4 There is not a reasonable probability of substantial detriment to, or interference with, the future and adopted General Plan, if the proposed use or action is ultimately inconsistent with the plan due to the fact that the proposal is substantially buffered from surroundin9 land uses. The proposed change in district classification will likely be consistent with the goals, policies and action programs which will be contained in the General Plan when it is ultimately adopted. The site of the proposed change in district classification is suitable to accommodate all the land uses currently permitted in the proposed zoning district as it is of adequate size and shape for any proposed use. Possible land use conflicts are not likely to arise as the project proposes building setbacks to buffer uses exieting in th~ general vicinity of the subject site. o Adequate access exists for the proposed change of zone from Solana Way and Margarita Road. Additional internal access and required road improvements to proposed lots will be designed and constructed in conformance with Riverside County standards. That said findings are supported by analysis, minutes, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. STAFF RECOMMENDATION: The Planning Department Staff recommends that the Planning Commission: 1. RECOMMEND ADOPTION of the Negative Declaration for Change of Zone No. 12; and ADOPT Resolution No. 91- recommending approval of Change of Zone No. 12. MR:ks Attachments: Resolution Environmental Assessment Exhibits A:CZ12 5 ATTACHMENT I RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF ZONE CHANGE NO. 12 TO CHANGE THE ZONING ON ~1.6~ ACRES OF LAND FROM A-2-20 IHEAVY AGRICULTURE) TO I-P IINDUSTRIAL PARK) AT THE NORTHWEST CORNER OF SOLANA WAY AND MARGARITA ROAD AND KNOWN AS ASSESSOR IS PARCEL NO. 921-090-007, 008. WHEREAS, Advanced Cardiovascular Systems, Inc. filed Change of Zone No. 12 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 application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Change of Zone c~ April 15, 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 recommend approval of said Change of Zone; 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: A:CZ12 6 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 Ceneral Plan guidelines while the City is proceeding in a timet~ fashion with the preparation of its General Plan. C. The proposed Change of Zone is consistent with the SWAP and does meet 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 recommending approval of 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 Change of Zone No. 5 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. A:CZ12 7 c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. ~1) Pursuant to Section 6.5, no Change of Zone may be approved unless the applicant demonstrates the proposed use will not be detrimental to the health safety and welfare of the community, and further, that any Zone change approved shall be subject to such conditions as shall be necessary to protect the health, safety and general welfare of the community. (2) The Planning Commission in recommending approval of the proposed Change of Zone, makes the following findings to wit: a) The proposed zone change will not have a significant adverse effect on the environment, as determined in the Initial Study for this project. b) There is a reasonable probability that the zone change from A-2-20 to I-P will be consistent with the future General Plar~ Further, zoning proposed are similar to existing zoning in the vicinity of the project site, c) There is not a reasonable probability of substantial detriment to, or interference with, the future and adopted General Plan, if the proposed use or action is ultimately inconsistent with the plan due to the fact that the proposal is substantially buffered from surrounding land uses. d) The proposed change in district classification will likely be consistent with the goals, policies and action programs which will be contained in the General Plan when it is ultimately adopted. e) The site of the proposed change in district classification is suitable to accommodate all the land uses currently permitted in the proposed zoning district as it is of adequate size and shape for any proposed use. Possible land use conflicts are not likely to arise as the project proposes building setbacks to buffer uses existing in the general vicinity of the subject site. A:CZ12 8 f) Adequate access exists for the proposed change of zone from Solana Way and Margarita Road. Additional internal access and required road improvements to proposed lots will be designed and constructed in conformance with Riverside County standards. g) That said findings are supported by analysis, minutes, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. 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. SECT ION 3. That the City of Temecula Planning Commission hereby recommen~ approval of Zone Change No. 12 to change the zoning on 41.64 acres of land from A- 2-20 to I-P at the northwest corner of Solana Way and Margarita Road. SECTION 4. PASSED, APPROVED AND ADOPTED this 15th day of April, 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 15th day of April, 1991 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS A:CZ12 9 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY II Backqround 1. Name of Proponent: Advanced Cardiovascular Systems, Inc. Address and Phone Number of Proponent: 26351 Ynez Road Temecula, CA 92390 (714) 694-2400 Date of Environmental Assessment: March 4, 1991 Agency Requiring Assessment: CITY OF TEMECULA Name of Proposal. if applicable: Chanqe of Zone No. 12 6. Location of Proposal: Northwest Corner of Solana Way and Marqarita Road 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 Substantial change in topography or ground surface relief features? X 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 A:CZ12 10 Yes Maybe No e 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: Substantial air emissions or deterioration of ambient air quality? The creation of objectionable odors? Ce Alteration of air movement, moisture, or temperature, or any change in climate, whether locally or regionally? Water. Will the proposal result in: ae 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? Change in the amount of surface water in any water body? 80 Discharge into surface waters, or in any alteration of surface water quality. including, but not limited to. temperature. dissolved oxygen or turbidity? fe Alteration of the direction or rate of flow or ground waters? X X X X X X X X X X X A:CZ12 11 Yes Maybe No Change in the quantity of ground 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: ao 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? 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: Change in the diversity of species, or numbers of any species of animals I 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? Ce Deterioration to existing fish or wildlife habitat? X X X X X X X A:CZ12 12 Yes Maybe No 10. 11. 12. 13. Noise. Will the proposal result in: a. Increases in existing noise levels? bo 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: ao 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: A risk of an explosion or the release of hazardous substances l including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? be 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 A:CZ12 13 Yes Maybe No 14. 15. 16. Effects on existing parking facili- ties, or demand for new parking? Substantial impact upon existing transportation systems? Alterations to present patterns of circulation or movement of people andJot goods? Alterations to waterborne, rail or air traffic? 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? fe Parks or other recreational facilities? Maintenance of public facilities, including roads? Other governmental services: Energy. Will the proposal result in: ae Use of substantial amounts of fuel or energy? 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 X A:CZ12 14 Yes 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: ao Creation of any health hazard or potential health hazard (excluding mental health)? 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. ae Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? be Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? 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 X X X A:CZ12 15 Yes Maybe No 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 sustaining 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? IA 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? I A project's 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 A:CZ12 16 III Discussion of the Environmental Evaluation 1 .a-g. 2.a,b,c. 3.a-i. 4.a-d. 6.a,b. No. No development is proposed at this time. At such time that development is proposed an Initial Study will be prepared addressing specific concerns, The possible impacts caused by grading concerns will not be increased by a change in the zoning classification. Maybe. A change in land use from agriculture to industrial instead of the planned commercial could have potential impacts relative to air quality and odors. However, no development is proposed at this time. At such time that development is proposed an Initial Study will be prepared addressing specific concerns. There will be no significant impacts because of this project. No. No development is proposed at this time. At such time that development is proposed an Initial Study will be prepared addressing specific concerns. The possible impacts to water movements, drainage, flooding, water quality or availability will not be increased by a change in the zoning classification. No. No development is proposed at this time. At such time th~[ development is proposed an Initial Study will be prepared addressing specific concerns. The possible impacts to plant life will not be increased by a change in the zoning classification. The site is not currently used for agricultural purposes. No. No development is proposed at this time. At such time that development is proposed an Initial Study will be prepared addressing specific concerns. The potential impacts to animal diversity, wildlife habitat, or reduction in endangered species will not be increased by a change of zone. Maybe. A change in land use from agriculture to industrial instead of commercial could have potential impacts relative to increased noise levels. No development is proposed at this time. At such time that development is proposed an Initial Study will be prepared addressing specific concerns. Potential noise impacts will not be increased by a change in zoning classification. Maybe. The proposed change of zone would allow a project that could have an impact on existing levels of light and glare. However. no development is proposed at this time so there will be no impact. An Initial Study will be prepared when development is proposed, Yes. The present land use is vacant and the planned land use is commercial. The proposal for industrial zoning is a significant change for both planned and present designations. Issues relative to adjacent uses have been addressed with a buffer zone and building setbacks. The industrial zoning will allow uses which have a greater intensity A:CZ12 17 9.a,b. 10.a.b. 11. 12. 13.a,b, e,f. 13.c,d. 15.a,b. than commercial or agricultural zoning. However, no development is proposed at this time. When development is proposed an Environmental Assessment will be prepared that specifically identifies impacts. The current impact is not considered significant. No. No development is proposed at this time. At such time that development is proposed an Initial Study will be prepared addressing specific concerns. There will be no impacts at this time. Maybe. A change in zoning classification from agriculture to industrial could increase the potential for explosion or hazardous substance release. With the possible intensity of use, an emergency plan could be interfered with. Hazardous substance and emergency plan potential impacts will not be increased by a change in zoning designation. No. No development is development is proposed specific concerns. The increased by a change in proposed at this time. At such time that an Initial Study will be prepared addressing possible impacts to population will not be zoning designation. No. No development is proposed at this time. At such time that development is proposed an Initial Study will be prepared addressir~j specific concerns. The potential impacts to housing will not be increased by a change in zoning designation. No. No development is proposed at this time. At such time that development is proposed an Initial Study will be prepared addressing specific concerns. The possible impacts to vehicular movement, parking, traffic and pedestrians will not be increased by a change in zoning designation. Maybe. Impacts to transportation and circulation could be significant because of the intensity of permitted industrial uses. Margarita Road has an ultimate right-of-way of 110 feet, and Solana Way has a right-of- way of 88 feet. Specific impacts will be evaluated when development is proposed. The impact is not considered significant as a result in a change of zoning designation. No. No development is proposed at this time. At such time that development is proposed an Initial Study will be prepared addressing specific concerns. The possible impacts to public services will not be increased by a change in zoning designation. No. No development is proposed at this time. At such time that development is proposed an Initial Study will be prepared addressing specific concerns. The potential impacts to fuel and energy sources will not be increased by a change of zone. A:CZ12 18 16.a-f. 17 .a.b. 18. 19. 20.a-d. No. No development is proposed at this time. At such time that development is proposed an Initial Study will be prepared addressing specific concerns, The possible impacts to utilities will not be increased by a change in zone classification, Maybe. Industrial uses have the potential to create health hazards which may be exposed to people, However, no development is proposed at this time so the impact is not considered significant. Maybe. Industrial zoning allows uses which have the potential to create offensive sites or that could be housed in structures massive enough to create visual obstruction, However. no development is proposed at this time so there is no impact. When development is proposed. an application will be made through the standard review process, No. No development is proposed at this time. At such time that development is proposed an Initial Study will be prepared addressing specific concerns, The possible impacts to recreation will not be increased as a result of this application, No. No development is proposed at this time. At such time that development is proposed an Initial Study will be prepared addressin~j specific concerns, The potential impacts to cultural resources will not be increased by a change in zoning classification, A:CZ12 19 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 NECATIVE 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 March 4, 1991 Date For CITY OF TEMECULA A:CZ12 20 CITY OF TEMECULA I C,7..,13. LOCATION 'MAP CASE NO. C.~--t~' DATE CITY OF TEMECULA ~ .J CASE NO. ~.'Z,. [~ EXHIBIT NO.'~ CITY OF TEMECULA .j CASE NO. (...-'~,-I'~ EXHIBIT NO. k.P.C. DATE ~ CITY OF TEMECULA .f CASE NO.~.,-'~. [~--,. EXHIBIT HO.~ ~P.C. DATE L.t- L-.~'-c~I ~ ITEM NO. 27 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council \City Manager Chief Building Official May 14, 1991 An Ordinance of the City Council of the City of Temecula, California amending Chapter 6.14 and adding Chapter 6.16 to the Temecula Municipal Code to Provide for the Expedited Abatement of Hazardous Vegetation From Vacant Lots or Parcels RECOMMENDA T/ON: It is recommended that the City Council hold a public hearing and approve the second reading of the attached ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA AMENDING CHAPTER 6. 14 AND ADDING CHAPTER 6. 16 TO THE TEMECULA MUNICIPAL CODE TO PROVIDE FOR EXPEDITED ABATEMENT OF HAZARDOUS VEGETATION FROM VA CANT L O TS OR PARCEL S. " DISCUSSION: The City contains a large number of vacant lots and vacant parcels where vegetation is generally left unmaintained. When mature, this vegetation can produce seeds which can attain such large growth as to become a fire menace when dry or which are otherwise noxious or dangerous. The adoption of this ordinance will provide the Fire Chief with a procedure which will expedite the abatement of this hazardous vegetation on vacant lots and parcels. Hazardous vegetation on improved lots or parcels, which are defined as those with a habitable building or structure on it, are regulated by the Code Enforcement Division through the Nuisance Abatement Process. ORDINANCE NO. 91-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA AMENDING CHAPTER 6.14 AND ADDING CHAPTER 6.16 TO THE TEMECULA MUNICIPAL CODE TO PROVIDE FOR EXPEDITED ABATEMENT OF HAZARDOUS VEGETATION FROM VACANT LOTS OR PARCELS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 6.14 002(h) of the Temecula Municipal Code is hereby amended to read as follows: "6.14.002...(h) Except as provided in Chapter 6.16, any overgrown, dead, decayed or hazardous vegetation which: (1) May harbor rats, vermin, or other disease carriers; (2) Is maintained so as to cause an obstruction to the vision of motorists, or a hazardous condition to pedestrians or vehicle traffic; (3) Constitutes an unsightly appearance; (4) Creates a danger or attractive nuisance to the public." SECTION 2. Section 6.14.002(m) of the Temecula Municipal Code is hereby amended to read as follows: "6.14.002...(m) Abandoned, broken or neglected equipment and machinery, pools, ponds, excavations, abandoned wells, shafts, basements, or other holes, abandoned refrigerators or other appliances, abandoned motor vehicles, any unsound structures, skateboard ramps, or accumulated lumber, trash, garbage, debris or vegetation (not otherwise subject to the provisions of Chapter 6.16) which may reasonably attract children to such abandoned or neglected condition s;" SECTION 3. Section 6.14.002(0 of the Temecula Municipal Code is hereby amended to read as follows: "6.14.002... (r) Any condition of vegetation overgrowth, (except that regulated by Chapter 6.16 hereof), which encroaches into, over, or upon any public right-of- 3/Ords 91-18 -1- way including but not limited to, streets, alleys, or sidewalks, so as to constitute either a danger to public safety or property or any impediment to public travel;" SECTION 4. Section 6.14.002(v) of the Temecula Municipal Code is hereby added to read as follows: "6.14.002.. (v) Any violation of the Temecula Municipal Code, any Code adopted by reference by the City, or any uncodified City Ordinance." SECTION 5. Chapter 6.16 "Expedited Abatement of Hazardous Vegetation From Vacant Lots and Parcels," is hereby added to the Temecula Municipal Code to read as follows: "CHAPTER 6.16 EXPEDITED ABATEMENT OF HAZARDOUS VEGETATION FROM VACANT LOTS AND PARCELS Sections: 6.16.010 6.16.020 6.16.030 6.16.040 6.16.050 6.16.060 6.16.070 6.16.080 6.16.090 6.16.100 6.16.110 Definitions. Duty to Abate Hazardous Vegetation From Vacant Lots or Parcels Enforcement of Chapter by Fire Chief or Designee. Notice to Remove and Abate. Appeal of Abatement Notice. Removal of Hazardous Vegetation from Vacant Lots or Parcels by City. Payment for Removal. Cost Accounting. Notification. Assessment Lien. City Council Action Following Assessment Hearing. Procedure for Refund of Payment. Enforcement. Violations. Penalties. 6.16.919 DEFINITIONS. For purposes of this Chapter, the following terms shall have the meanings set forth below: (a) 'Appeals'shall mean that body designated by the City Council pursuant to this Chapter and consisting of one (1) officer selected by the City Fire Chief which such officer shall not be the officer issuing the order to abate and two (2) persons selected by the City Council. Said Appeals Board shall hear any and all appeals regarding the determination by the City that hazardous vegetation exists on any vacant land or vacant parcel in the City. (b) 'Hazardous Vegetation' shall mean all dry grass, stubble, Russian thistle (tumble weeds), brush, weeds, rank grow, sagebrush, chaparral, or other vegetation which constitute a fire hazard. Hazardous vegetation shall also mean weeds which when mature bear 3lOrds 91-18 -2- wingy or downy seeds, which will attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous. (c) 'Hazard Reduction Office' shall mean that physical location where the "Notice to Remove and Abate" is generated. (d) 'Hazard Reduction Officer' shall mean the designee of the City Fire Chief vested with the authority to enforce this chapter. (e) 'Vacant Lot' and 'Vacant Parcel' shall mean any lot or parcel larger than one- quarter (1/4) acre which does not have an improved, habitable building or structure on it. 6.16.020 DUTY TO ABATE HAZARDOUS VEGETATION. It shall be the duty of every owner or person in control of any real property or interest therein which constitutes a 'Vacant Lot' or 'Vacant Parcel' pursuant to Section 6.16.018(e) above to abate therefrom, and from all sidewalks and parkways, except for those roads accepted into the City Maintained System, all 'Hazardous Vegetation' or other flammable vegetation, that constitutes a fire hazard which may endanger or damage neighboring property. (a) In the case of any parcel or contiguous parcels of real property under the same ownership consisting of five (5) or less areas upon which vegetation exists which may constitute a fire hazard, the requirements of this Section shall be satisfied if the vegetation is removed by disking or mowing the entire acreage. Co) Where the acreage consists of more than five (5) contiguous acres, the requirements of this Section shall be satisfied if there is cleared, a one hundred (100) foot wide strip of land at the boundaries of such real property, and through such land so that there shall not be any portion of the real property larger than two and one-half(2 1/2) acres which is not enclosed by itself within such a strip, which shall be a firebreak. The City Fire Chief may require firebreaks exceeding this one hundred (100) foot width or disking or larger than five (5) acre parcels if larger breaks or disking is deemed necessary by him/her for the protection of the public safety and welfare. (c) Where the parcel is improved or terrain is such that it cannot be disked or mowed, the City Fire Chief may require, or authorize, that other means of removal be used, and that specific standards be met as set forth in Temecula Municipal Code, Public Resources Code, or other recognized Fire Codes. 6.16.030 ENFORCEMENT OF CHAPTER BY FIRE CHIEF OR DESIGNEE. For purposes of enforcing the provisions of this Chapter, the City Fire Chief may designate any person or persons as his/her deputy in the performance of the duties vested upon the City Fire Chief by the provisions of this Chapter. 6.6.040 NOTICE TO REMOVE AND ABATE. It shall be the duty of the City Fire 3/Orda 91-18 -3- Chief, or designee of the Chief, whenever such officer deems it necessary to enforce the provisions of Section 6.16.020 hereof, to issue a 'Notice to Remove and Abate' by either of the following methods: (a) By mailing to the owner as much real property as shown on the last equalized tax rolls and by personal service thereon; or (b) By mailing to the owner as shown on the last equalized tax rolls and by posting the real property. The 'Notice to Remove' shall be in substantially the form set forth below: 'NOTICE TO REMOVE AND ABATE Date: By virtue of Section 6.16.020 of the Temecula Municipal Code YOUR ARE HEREBY NOTIFIED AND REQUIRED TO ABATE from your property described [Legal Description] taken from the Riverside County Assessor's Records which lists the owner as of [Address, City, State, Zip] specific mentioned items described as combustible matter and If said combustible matter is not removed within thirty (30) calendar days, the City Fire Chief, or other duly designated officer(s), may order said matter removed by public employees, private contractor, or other persons, and the cost of said removal shall be levied with an added Administration Fee, and assessed against the property as a Special Assessment Lien, or billed directly to the 3lOrds 91-18 -4- property owner. An appeal from this order may be taken by presenting a written appeal to the Hazard Reduction Office at (Phone: ) within twenty (20) calendar days of the postmark on the Notice to Abate. The Hazard Reduction Officer shall set the same for hearing before the Board of Appeals, and shall notify the Applicant, in writing, of the hearing date. Name of Issuing Officer Title of Issuing Officer 6.16.050 APPEAL OF ABATEMENT NOTICE. (a) Appeals Procedure. Any person who is adversely affected by the determination contained in the Notice set forth in Section 6.16.040, may appeal to the Board of Appeals within the twenty (20) calendar days of the postmark on the Notice to Remove and Abate by filing a written appeal with the Hazard Reduction Officer. An appeal, timely filed and in proper form, shall stay any further action for removal or abatement until the date set for hearing. The Hazard Reduction Office shall set the matter for hearing before the Board of Appeals and shall notify the person appealing by mail of the date set for such hearing, at least fifteen (15) days prior to the hearing date. If the person appealing resides outside the County, the above period of notice by mall before the hearing shall be at least twenty-five (25) days. The person appealing shall have the right to appear in person or by an agent, designated in writing, at the hearing, and present oral, written, and/or photographic evidence. The Board of Appeals shall decide the appeal and shall issue its decision, which shall be in writing. (b) Appeals Board. The Board of Appeals is hereby established with the membership as set forth in Section 6.16.010 (a). Members shall serve at the pleasure of the appending authority. 6.16.060 REMOVAL OF HAZARDOUS VEGETATION BY CITY. If, at the end of the time allowed for compliance in the original notice, or as extended in cases of appeal, or as specified by the Board of Appeals, compliance has not been accomplished, the officer issuing the notice or the agency of which he is an officer, may order the 'Hazardous Vegetation' to be removed by public officers or by employees of said agency, or may cause the removal to be carried out by a private contractor selected by the County Purchasing Agency in Accordance with applicable statutes and in the manner and under the terms specified by the City Council. The Cost of such removal accompanied by a reasonable administrative change may be imposed as a Special Assessment upon the property, and such property shall be subject to a Special Assessment Lien for said purpose. The costs so assessed shall be limited to the actual costs 3/Ords 91-18 -5- incurred by the City of Temecula in enforcing abatement upon the parcels, including payment to the contractor, costs of investigation, boundary determination, measurement, clerical, personnel, consultant, and an administrative cost to be set by Resolution adopted by the City Council on those parcels where such weeds have not been removed by the property owner at his or her own expense. 6.16.070 PAYMENT FOR REMOVAL. COST ACCOUNTING. NOTIFICATION. The City shall recover from the property owner the full costs, including administrative and legal costs of abating 'Hazardous Vegetation' from any 'Vacant Lot' or 'Vacant Parcel' in the City in accordance with the procedures set for in Section 6.15.012 of this Code. 6.16.080 ASSESSMENT LIEN. The total costs of abatement of the 'Hazardous Vegetation' abated pursuant to this Chapter shall constitute an assessment and lien against any vacant lot or vacant parcel from which 'Hazardous Vegetation' was abated by the City. The assessment shall be levied and the lien imposed by the City in accordance with the provisions of Section 6.14.013 of this Code. The 'Notice of Lien' set forth in said Section shall be modified to reelect 'Chapter 6.16' in lieu of 'Chapter 6.14.' 6.16.090 CITY COUNCIL ACTION FOLLOWING ASSESSMENT HEARING. At the conclusion of the hearing required above, the City Council shall do one of the following: (a) Confirm the costs of the abatement and order the costs to recorder as lien on the property; (b) Modify the costs of the abatement and order this new figure to be recorder as a lien on the property; or (c) Cancel all or any portion of any such Special Assessment, penalty, or costs heretofore entered, and shall order that the same be canceled by the County Auditor--Controller if uncollected, or, except in the case provided for in subsection (5) below, refunded by the County Treasurer-Tax Collector, if collected, if the charges were charged or paid: (1) More than once; (2) Through clerical error; (3) Through the error or mistake of the Board of Appeals, or of the officer, Board or Commission designed by them to give notice, in respect to any material fact, including the case where the cost report rendered and confirmed, as hereinbefore provided, shows the County abated the 'Hazardous Vegetation' but such is not the actual fact; (4) Illegally; or (5) On property acquired after the lien date by the State or by any county, 3/Ords 91-18 -6- city, school district, special district, or other political subdivision, and because of this public ownership, is not subject to sale for delinquent taxes. 6.16.100 PROCEDURE FOR REFUND OF PAYMENT. No order for refund under the foregoing Section shall be made except on a written claim: (a) Verified by the person who paid the Special Assessment, his guardian, executor or administrator; and Filed with one (1) year after making the payment sought to be refunded. 6.16.110 ENFORCEMENT. VIOLATIONS. PENALTIES. It shall be unlawful, subject to punishment in accordance with Sections 1.01.200 to 1.01.240 of this Code, for any person-- natural or corporate--owing, possessing, occupying, or controlling any lands or premises subject to the provisions of this Chapter to fail to perform the duty set forth in Section 6.16.020 of this Chapter, or to fail to comply with the requirements in the 'Notice to Remove and Abate' as specified in Section 6.16.040 of this Chapter or to interfere with the performance of the duties herein specified for any of the officers designated in this Chapter or their deputies, or to refuse to allow any such officer or their deputies or employees, or approved private contractors, to enter upon any premises for the purpose of inspecting and/or removing any 'Hazardous Vegetation' hereinbefore described, or to interfere in any manner whatever with said officers of contractors in the work of inspections and removal herein provided. Said penalties are in addition to any civil or equitable remedies available to the City to enforce the provisions of this Chapter." SECTION 6. 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 7. EFFECTIVE DATE This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. SECTION 8. 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. 3/Orals 91-18 -7- PASSED, APPROVED AND ADOPTED this day of , 1991. Ronald J. Parks, Mayor ATTEST: 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. 91-18 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 23rd day of April, 1991, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 14th day of May, 1991, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk 3lOrds 91-18 -8- ITEM NO. 28 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: C/TY OF TEMECULA AGENDA REPORT City Manager/City Council City Clerk May 14, 1991 Location of Temecula Unified School Bus Storage Facility RECOMMENDATION: Discuss and provide direction to staff. BACKGROUND: The Public Safety Commission has requested that the City Council address the Temecula Valley Unified School District Administrative Facility and Motor Pool. The Commission specifically requested that the Council direct the City Attorney and the Planning Director to make recommendations with respect to timely abating or eliminating the problems associated with the operation of this facility in a residential neighborhood. A TTA CHMENTS: Public Safety Commission Minutes of 11/29/90, 12/27/90, 2/28/91, 3/28/91 and 4/11/91 Memorandum from City Manager D. Dixon dated 4/18/91 Memorandum from Public Safety Commission dated 4/11/91 TO: FROM: DATE: REFERENCE: City Council David F. Dixon April 18, 1991 Public Safety Commission Attached you will find material generated by the Public Safety Commission relative to the Temecula Valley Unified School District. As you read through the memo it is clear that the Commission would like the City Council to take specific action against the School District. Several months ago in a joint meeting between representatives of the School District and the City it was determined that the City would rely on the School District to resolve the problem and we would not get into an interagency squabble. I will place this on the City Council Agenda if the Council so desires. I would appreciate your input relative to that future action. DFD:ss Attachment MEMORANDUM DATE: TO: VIA: FROM: RE: April 11, 1991 city of Temecula City Council City Managers Office Public Safety Commission TVUSD ADMINISTRATIVE FACILITY AND MOTOR POOL At all but the first of its regularly scheduled meetings, the Public Safety Commission has heard from residents of the Villa Avanti tract regarding noise, air pollution and traffic problems associated with operation of the school district "Bus Barn" adjacent to their homes. A plethora of allegations have been made by these residents including but not limited to: health problems related to exhaust fumes, cacophonous disturbances and light pollution in the pre-dawn hours, fraud/misrepresentation by the developer, violation of C.E.Q.A. (re: legally sufficient E.I.R. for the facilities), insensitivity of school district officials, and foot dragging by the City and its commissions in the resolution of their (the residents) grievances. The Public Safety Commission, based on public comments, input from the school district and South Coast A.Q.M.D., and the independent investigations of several commissioners, states the following: The noise, exhaust fumes and hours of operation of the school district's "Bus Barn" significantly diminishes the quality of life for residents of homes adjacent to this facility and that this land use is patently incompatible in a residential neighborhood. The facilitz has been cited by A.Q.M.D. for violation of State air pollution standards. The commission has received (as has the council) written communications from the school district that indicates that interim and permanent measures are being studied that may ease and possibly eliminate the "Bus Barn" related noise and air pollution problems cited by these residents. The Chief of Police and Traffic Commission are cognizant of the area's traffic problems. The Public Safety Commission and City staff are in the process of drafting a Noise Ordinance for your consideration that may eliminate noise related problems and incompatible land uses near future residential developments. It is not clear if a resolution of the residents "disclosure" dispute with the developer of Villa Avanti is within the purview of municipal government. It is the recommendation of the Public Safety Commission that the Council request the City Attorney and Planning Director to make recommendations to you with respect to timely abating or eliminating the problems associated with the operation of this facility in a residential neighborhood. Schneider, Chairman JRS/gz MEETING MINUTES OF THE PUBLIC SAFETY COMMISSION OF THE CITY OF TEMECULA HELD NOVEMBER 29, 1990 A regular meeting~f the City of Temecula Public Safety Commission was held November 29k 1990 at Fire Station No. 73,,,27415 Enterprise Circle West, Temecul~. California at 7:00 P.~w~ The meeting was called to order by Chairman Joseph Schneide~ Commissioner Ruddy led the flag salute. PRESENT: 5 COM~SSIONERS.~ Goudy, Klein, Knopp, ~ / Ruddy, Schneider ABSENT: 0 COMMIS~RS: None Also present were Ba tat lion/~hief M~rk Browdowski, Fire Chief Jim Wright, Division hC ie~/Greg Scot~ Emergency Services Coordinator Mary M reho e~d, .Ser_ .gea__nt .Jl~_ D. omenoe, Dos Martin Sherlff's Department ~d Minute Clerk G~ Zlgler. PUBLIC COMMENT: DAVID CIABATTONI, 41646 Avenida De La Reina, Temecula, addressed the Commission with his concerns for the safety hazards and disturbances caused by the Temecula Unified School District offices and School Bus Depot. He stated that the administrative offices now include a bus garage, bus depot, parking lot, continuation school, basketball courts and a storage yard. He states that this is a health hazard due to the toxic fumes omitted from the buses which are started from 5:00 A.M. to 6:30 A.M. every morning and idle for 15 minutes. He stated that the buses have back-up warning horns and they hear these as well as the maintenance equipment during all hours of the day. Also, he indicated that they felt that the underground fuel tanks proposed a potential safety hazard to their neighborhood. He also addressed the traffic concerns on their street. He stated that the kids driving back and forth to school utilize their street as a short cut and are driving at a very high rate of speed. Mr. Ciabattoni provided the Commission with a petition from the surrounding home owners and they also submitted a video tape of the daily activities from these administrative grounds. Mr. Ciabattoni's comments to the Commission exceeded the two minute time limit; however, COMMISSIONER KLEIN moved to extend the time limitation for Mr. Ciabattoni's comments, seconded by COMMISSIONER GOUDY and carried unanimously. AYES: 5 COMMISSIONERS: Goudy, Klein, Knopp, Ruddy, Schneider NOES: 0 COMMISSIONERS: None COMMISSIONER KLEIN stated that he felt the City staff should look into how this administrative building became a bus warehouse and stated that he felt that the buses should be moved from the residential district. CHAIRMAN SCHNEIDER indicated that he thought that municipal agencies might be exempt from land use policies; however, he felt that staff should investigate the situation. COMMISSIONER RUDDY stated that he felt that the developer of the surrounding homes had some responsibility for the problems that have arisen and therefore should participate in a resolution to the problems. COMMISSIONER KNOPP stated that he felt the school district should be addressed as to how they plan to address the problems and thought staff should request a representative from the school. district to attend the next meeting of the Public Safety Commission and advise them of what their plans are. CHAIRMAN SCHNEIDER stated that he would like it to be placed on the agenda with the ability to take action on this item. SERGEANT JIM DOMENOE advised the Commission that the City Manager has been in contact with the School District and has had discussions with them about moving the buses to a different location. KEITH McCAnN, 43121 Margarita Road, Temecula, addressed the Commission with his concerns for the widening of Margarita Road between Pauba and Santiago Roads. He stated that Mesa Homes was developing on the east side of Margarita Road and proposing to only do improvements to the east side of the street; however, their project was going to generate a substantial amount of traffic traveling on both sides of Margarita Road. He stated that as the road is now, it presents a tremendous safety hazard and potential for disaster due to the inability to see oncoming traffic without pulling out onto Margarita Road from Santiago Road. He stated that although Mesa Homes is only conditioned to do the improvements on the east side of the street he felt that if properly addressed with the potential for danger and their responsibility for the increased traffic their project will generate, they would be willing to complete the improvements to both sides of Margarita Road. COMMISSIONER KLEIN concurred with Mr. McCaan's comments and felt that this was a public safety issue. CHAIRMAN SCHNEIDER requested that staff prepare a report on the status of this problem and what the Traffic Commission is doing to address the problem. COMMISSIONER RUDDY suggested that possibly if the map is brought back to planning for revisions, etc., that the city could address this problem at that time and condition the map for the improvements. PUBLIC SAFETY COMMISSION MINUTES DECEMBER 27, 1990 3. TEMECULA UNIFIED SCHOOL DISTRICT BUS DEPOT' 3.1 CHAIRMAN SCHNEIDER advised that this item was heard under the public comment portion of the November Public Safety Commission meeting and was placed on the December agenda for discussion of the public safety aspects of this problem to try and identify what action the Commission could take in preparation for making a recommendation to the city Council. Chairman Schneider asked Police Chief Sayre, who at the City Hall was handling this matter. POLICE CHIEF RICK SAYRE stated that City Manager David Dixon, as well as the City Attorney and the Planning Director, were addressing this matter. CHAIRMAN SCHNEIDER opened the public hearing at 7:20 P.M. The following individuals are all residents in close proximity to the school district offices and commented on the bus fumes, noise, etc., which is affecting their personal health and the health of their family as well as disturbing their quality of life. DAVID CIABATTONI gave a brief history of when the homes were built and occupied and when construction of the school district offices began. He also commented that after bringing this issue to the City Council in October they were told they would get some answers in approximately two weeks, but they had not yet gotten any response. FRANK KIMBRO discussed the Disclosure Statement from Mesa Homes he received upon purchasing his home, which stated that the grounds would house the school district administrative offices. He added that no mention was made in the Disclosure Statement of the bus warehouse. He added that they have made requests for a copy of the environmental impact study; however, no one has provided it. BEN MADISON commented on the health hazards that this bus warehouse imposes and on the devaluation of their property from the noise and pollution. Mr. Madison provided a statement from his physician regarding the health problems he feels have been brought on by exposure to the bus fumes. LAVERNE STAFFORD commented on the noise and bus fumes. BETTY KIMBRO commented on the noise and bus fumes. PSMIN12/27/90 -3- JANUARY 4, 1991 PUBLIC SAFETY COMMISSION MINUTES DECEMBER 27, 1990 DEBRA CIABATTONI commented on the noise and bus fumes. V~NESSA BURNS commented on the noise and bus fumes. MARTY ROSCHOER commented on the noise and bus fumes. DAVID GIABATTONI requested the following action be taken: The buses be removed from the administrative offices within 30 days. The bus maintenance garage and facilities be removed within 90 days. * The adult education school moved to a new location. * A 40 foot pole antenna with satellite dish removed. * Fuel tanks drained and removed. * Parking lot lights lowered to ground level. Request that the Traffic Commission look at Stop Signs for the residential streets. That the City Council not allow any further building at this facility until they have addressed the complaints of the residents. A copy of the Environmental Impact Report be obtained. Mr. Ciabattoni added that presently they are running 26 buses from this location, but with the new schools they are proposing to increase to 40 buses which would increase considerably the noise and pollution levels. JOHN BROOKS, a representative from the school district, stated that the school district was interested in a resolution to the problem that was fair to everyone involved. He stated that they have not yet located the Environmental Impact Report; however, they do know that in a letter to Kaiser Corporation in 1986, they disclosed that the grounds would be used for administrative offices and bus barns. Whether this was passed on to Mesa Homes by Kaiser they did not know. Mr. Brooks advised that the school district had retained the services of Med-Tox Associates to do a preliminary test of the noise levels during the early PSMIN12/27/90 -4- JANUARY 4, 1991 PUBLIC S~FETY COMMISSION MINUTES DECEMBER 27, 1990 morning and throughout the day as well as a preliminary test of the pollution levels. (A copy of the study was provided for the Commission and staff) He stated that the sensors used to do the report were placed on the north and west walls of the bus warehouse and on a telephone pole on the street behind the yard and at the parking lot of the High School across the street from the yard. This report indicated that during the early morning hours there was an increase in noise levels once the buses started up. Mr. Brooks stated that presently there is no ordinance within Riverside County or the City on approved noise levels; however, in comparisons to the same testing in the State of New Jersey, an increase of 10 decibels would be considered intrusive. The air samples did indicate small levels of organic compounds that were considered to be low in the parts per billion. Mr. Brooks stated that the school district has accepted the recommendation by Med-Tox Associates that they obtain an engineer to study the acoustical aspects and see if there is some mitigating factor that could be employed by relocating the facility across the street. He added that the school district would not move to this location unless it lowered the noise levels considerably. CHAIRMAN SCHNEIDER asked if the school district had held any discussions with the City of Temecula regarding some other possible solution. MR. BROOKS stated that the school district has had very general discussions with the City Manager about a possible joint use with City vehicles; however, he added that he felt it would be very difficult to work-out a joint use between the buses and the City vehicles. CHAIRMAN SCHNEIDER commented that the study was performed on a day when the air was very calm which is not the normal meteorological condition for the area. He added that he felt that a sensor device should have been placed on the east wall as well. CHUCK KASNOW, Manager of Industrial Hygiene and Safety Services for Med-Tox, commented that the study was a preliminary report. COMMISSIONER KNOPP questioned why the State of New Jersey was used as a comparison for the City of Temecula. PSMIN12/27/90 -5- JANUARY 4, 1991 PUBLIC SHFETY COMMISSION MINUTES DECEMBER 27, 1990 MR. KASNOW stated that the City nor the County has a noise level ordinance. The New Jersey data is a recommended guideline. COMMISSIONER KNOPP stated that he was under the impression that there was a state law that is you could hear noise to the front street or prior to 6:00 A.M. it was considered intrusive on the individuals. COMMISSIONER GOUDY stated that the City of Torrance had performed noise level studies prior to adopting their noise ordinance. He suggested that it might be used as a guideline for the study performed on the City of Temecula. COMMISSIONER KNOPP recommended that staff investigate the studies performed by the City of Torrance and check to see if there was a noise ordinance for the City of Temecula. CHAIRMAN SCHNEIDER stated that the County Land Use Ordinance No. 348 for the City of Temecula and the County states that governmental bodies are exempt from the provisions of the land use ordinance in the County of Riverside. (Section 18.2) BEN SHAW, Senior Enforcement Manager for the South Coast Air Quality Management District, addressed the Commission. He stated that their function is to prevent public nuisance and prevent air pollutions that create smog. He also commented that in the health and safety code, under rules and regulations, Section 41.700 prohibits any source from creating a public nuisance defined in several ways, one being any ommission deemed objectionable by any number of people (approximately 5 to 15 people). He stated that in all their studies they have yet to find one that creates a significant risk to health and would require the health department to become involved. Mr. Shaw explained that they investigate the source of complaint and issue a violation notice. This gives the AQMD the authority to work with the source in resolving the problem. He added that dilution of the noise was the most common solution to the problem. COMMISSIONER KLEIN asked if the services of the AQMD had been requested by the residents. MR. SHAW stated that yes they had been contacted and had only recently been involved. CHAIRMAN SCHNEIDER closed the public hearing at 8:25 P.M. PSMIN12/27/90 -6- JANUARY 4, 1991 PUBLIC SAFETY COMMISSION MINUTES DECEMBER 27, 1990 .CHAIRMAN SCHNEIDER stated that he would attempt to locate a copy of the Environmental Impact Report and requested that this item be placed on the next agenda. COMMISSIONER KNOPP requested that fire prevention do a inspection of the facility. He added that he felt it was very poor planning to place this type of a facility in a residential area. COMMISSIONER KLEIN commented that he felt a report from the AQMD was very important to this issue. 4. POLICE ~AFFING 4.1 ~view CHIEF RICK SAYRE requested the Commission; nd input if they are willing to appro¥~ the to the law enforcement services to/the City. Police Sayre stated that the motorcycle officers will be a nificant asset to the City~ 'the K-9 unit will be very in doing quick searches with the increase in al calls and the community services officer was an [dition requested by.several council members, as well s the local judge, to for utilizing inmates to t street clean-ups, etc. He added that the City Manac and the finance officer have indicated that the %ds were available. COMMISSIONER KLEIN staffing increases. for clarification of the CHAIRMAN SCHNEIDER stated t~at he previously expressed a concern for how the busine~ of the Commission would be handled once the meetings a~journed and requested that one of the Office Assistants that would be staffed assist the Commission in their n~s. COMMISSIONER KLEINadded that he wo~t~ still be requesting clerical suppor= at the joint meetin~with the City Council. ~ .' COMMISSIONK~~ ~OUDY suggested that the Ci~ look into leasing %?e motorcycles. POLICE .~IEF SAYRE expressed an interest in C~missioner Goud~ suggestion. CHaRMAN SCHNEIDER called fora mo it o~ to endorse ~ief S~re's staff report to the City Council dated Janua~8, PSMIN12/27/90 -7- JANUARY 4, 1991 PUBLIC SAFETY COMMISSION NINUTES FEBRUARY 28~ 1991 2. T.V.U.S.D. BUS DEPOT 2.1 Discussion only. COMMISSIONER KNOPP advised the Commission that-his investigation of the fuel tanks at the bus depot indicate that they have been inspected and meet all County requirements and standards. CHAIRMAN SCHNEIDER opened the discussion for public comment at 7:10 P.M. FP~%NK KIMBRO, 31231 Corte Alhambra, Temecula, advised the Commission that when he purchased his home from Mesa Homes that the T.V.U.S.D. Bus Depot was to be a school administration building. He added that the proposal to temporarily move the buses across the street would not resolve the situation due to the fact that the buses would have to come back into the yard for fueling, etc. DEBRA CIABATTONI, 41646 Avenida De La Reina, Temecula, expressed a concern for the lack of a city wide noise ordinance. DAVID CIABATTONI, 41646 Avenida De La Reina, Temecula, addressed the Commission on many articles, letters, and conversations concerning the problems evolving around the T.V.U.S.D. bus depot. Mr. Ciabattoni added that the residents of Villa Avanti had been advised by government officers to retain an attorney. Mr. Ciabattoni read a letter to the Commission that the Villa Avanti residents had sent to the Mayor of the City of Temecula in January requesting the City Council's assistance in resolving this matter. JOE SEGUIN, addressed the fact that Mesa Homes did not adequately disclose to the homebuyers what was going in at the T.V.U.S.D. facility, and he added that when the temporary buildings went in, the residents had been told by the School District that these were only going to be there for two or three months; however, they have remained and are being utilized as the continuation school. RITA HERNANDEZ, 31149 Corte Alhambra, Temecula, addressed the disclosure of the T.V.U.S.D. bus depot to the residents of Villa Avanti. Ms. Hernandez requested that the Commission make a recommendation to the City Council. CHAIRMAN SCHNEIDER closed the public comments to the discussion at 8:10 P.M. PSMIN2/28/91 -2- MARCH 8, 1991 PUBLIC SAFETY COMMISSION MINUTES FEBRUARY 28, 1991 CHAIRMAN SCHNEIDER and COMMISSIONER RUDDY formed an ad-hoc Committee to formulate a recommendation to the City Council and have the recommendation ready for the next agenda. Chairman Schneider added that if a recommendation could be formulated earlier than the next scheduled meeting, a special meeting would be publically noticed for this item. Police Chief RICK SAYRE suggested that since the City Attorney has been requested to make a legal opinion, he should be contacted prior to any recommendation being presented. NOISE ORDNANCE 3.1 Discus~n of Noise Ordinance for the City of Tem_e/la. TONY ZLMO~Building and Safety Official for the/City of Temecu~a, ~quested the Commission direct him/6n what direction.they were looking at in their pro~al for a noise ordinance. ~ CHAIRMAN SCHNEIDER suggested that as wi~ the example ordinance for the~City of Torrance, th~ noise ordinance should be comprehensive and cover evgry kind of property within our current ~ity limits, as ~ell as within our sphere of influence \ // TONY ELMO advised that~he t . preparation of the noise ordinance would be a Pl~ning~Department function. Enforcement would be two-~ol~, one through the Planning Department Conditions of A'~p~oval, and secondly, through Building and Safety to vemi~ what has been conditioned is present on the job. ~mpl~ints after the fact, would have to be contracted t~hrough ~ consultant because the City presently does n~ have theequipment or expertise to handle this func~i0n. ~ CHAIRMAN SCHNEIDErstated that what~e had in mind was an all encompassing/noise ordinance that~ould be enforced by Building and S~ety, by land use, and~y the Police Department. ~hairman Schneider reques~d Staff to work with the Ci~ Attorney, Building and Safety, Law Enforcement, etc., to draw up a draft.ord'~nance for the Commissio~'s review with the possibility that we would send it/ack to them for revisions or forwar~o the City Counc~. PSMIN2/28/91 -3- MARCH 8, 1991 PUBLIC SAFETY COMMISSION MINUTES Z. MARCH 28, 1991 CITY COUNCIL LIAISON . / JUNE GREEK introduced C~ncl!member Karel Llndeman~ wh . · / ' O discussed with the Commis~ the function of the City Council and the individual Commis~Z~ons. Mr. Lindemarts also explained his position as the Public ~fety Commission's liaison. He presented the Commiss~6ners w~h a copy of the city of Temecula Mission Statement.//'~ Councilmember Linf~emans requeste~that the Commission look under each of the goals and form t~eir own objectives and strategies and once this is complete, he recommended a joint meeting between the City Council and t~e Commission to review thesegues ~ 3. T.V.U.S.D. BUS DEPOT CHAIRMAN SCHNEIDER opened the public hearing at 7:30 P.M. JOSEPH SEQUIN, 41640 Avertida De La Reina, Temecula, requested to hold his comments until he heard the Commission's recommendation to staff. CHAIRMAN SCHNEIDER read the recommendation to the City Council drafted by himself and Commissioner Ruddy (sub-committee for Villa Avanti). COMMISSIONER KLEIN commented that he felt that each Commissioner should have had adequate time to review the recommendation prior to the Public Safety Commission meeting. COMMISSIONER KLEIN also requested the following comments in reply to Dr. Novotney's letter to Chairman Scnheider dated March 8, 1991: "Since Dr. Novotney's letter of March 8, 1991, was addressed to Commissioner Schneider, and with copies to the City Council members as well as to the City Manager, I as one member of this Commission desire to react to the facts Dr. Novotney has choosen to deem pertinent for review: To Fact 1) I note that more than two years elasped from the time that Kaiser acknowledged the reported use of the property to the time the developer's land use maps acknowledged the property was to contain more than an administrative center. The respective dates are January 20, 1986 to April, 1988; Fact 2) despite a personal search for evidence, I have been unable to find a reference to a motor pool facility in any of the documentation provided to our City by the County. The references to a "facility" in the documentation were always associated solely with "a school administration center". If the term school administration PSHN3/28/91 -2- April 2, 1991 PUBLIC SAFETY COMMISSION MINUTES MARCH 28, 1991 center implies a possible association with a school vehicle motor pool, this should have been made clear to buyers by the developer.; Fact 3) the developer's land use maps which were included as part of the disclosure statement did not acknowledge the presence of a motor pool until April of 1988. The affected tenants report it is their impression that the sales office disclosure did not appear before the summer of 1989. The following question may also be posed: Is it sufficient for the developer to simply declare the presence of a "motor pool"? Is it up to the buyer to find out how many buses may be involved, how many in the future, the phasing of increases, the meaning of these numbers as it relates to noise and air pollution?; to Fact 4) It is stated that "several" residents who registered complaints moved in after the construction of the facility. What percentage does "several" represent? Is it many? Is it a few? What is it that we should conclude about this fact?; to Fact 5) Dr. Novotney focuses on the emotional tone associated with a list of requests made by the property owners at the December 1990 meeting of our Public Safety Commission. Could anyone be free of an emotionally tainted response if the bus facility was in one's own back yard? He added that his position to the matter was as follows: 1) The residents on the perimeter of the TVUSD bus facility have suffered and continue to experience an environmental tragedy. 2) There is insufficient evidence to absolve the developer from a share of the responsibility of the current problem. 3) In moving the bus depot to its present location, the responsible planners either failed to consider or mistakenly minimized the associated noise and pollution hazard they would be creating in the immediate neighborhood; hence, a major share of responsibility for the current plight must rest with the Temecula Valley Unified School District. 4) If there is evidence contrary to the rationale of my position, it has not been produced for the Commission and ample time and opportunity was given for doing so. 5) It would be in the best interest of our community if the City Council does it's very best to ensure that the school district bus facility is moved to a new permanent location at the very earliest possible date. It is of paramount importance that City planners be involved in this move and that the same mistakes not be repeated. PSMN3/28/91 -3- April 2, 1991 PUBLIC SAFETY COMMISSION MINUTES MARCH 28, 1991 COMMISSIONER RUDDY moved to Approve the recommendation to the City Council, seconded by CHAIRMAN SCHNEIDER. COMMISSIONER KNOPP stated that he would like to have time to review the recommendation prior to approval. COMMISSIONER RUDDY withdrew his motion and requested that the item be brought before the Commission again prior to the regular meeting of April 25, 1991. After discussion, CHAIRMAN SCHNEIDER declared a recess to allow the Villa Avanti residents to review the recommendation before continuing or approving the recommendation. The meeting reconvened 8:20 P.M. DAVID CIABATTONI, 41646 Avenida De La Reina, Temecula, advised the Commission that he would rather have the opportunity to show the Villa Avanti homeowner's the Commission's draft recommendation as well as hear some of the comments from the other commissioners after they have had an opportunity to review it. COMMISSIONER RUDDY moved to hold a special meeting of the City of Temecula Public Safety Commission on April 11, 1991, to deal specifically with the T.V.U.S.D. bus depot, seconded by COMMISSIONER KNOPP. COMMISSIONER GOUDY stated that he would appreciate input from the City Council liaison on this recommendation. AYES: 5 COMMISSIONERS: Goudy, Klein, Knopp, Ruddy, Schneider NOES: 0 COMMISSIONERS: None e PsHN=/2s/91 NOISE ORDI~.CE / TONY ELMO advish~ the CommissionShat the Planning Department staff requested sb~e direction f~r some areas of major concern that the Co.mmission.~ould like/~o have addressed as well as a recommendation by Cit~Counc~l to start working on the ordinance. ~./ CHAIRMAN SCHNEIDER aske~Ch~f Sayre to follow-up on his memo of March 13, 1991, req~esting~proval from the city Council to have the Planning/~epartmenth~..aff work on a Noise Ordinance and a cops of that memo'~be~ sent to Councilmember Lindemans. / -~ -4- April 2, 1991 MINUTES OF A SPECIAL MEETING OF THE CITY OF TEMECULA PUBLIC SAFETY COMMISSION THURSDAY APRIL 11, 1991 A special meetbqg of the City of Temecula Public Safety Commission was called to order Thursday, April 11, 1991~/ 7:00 P.M., at Fire Station No. 73, 27~5 Enterprise Circle Wes~t~Temecula, California. The meeting was called to order by Chairman Joseph Schneider. Commissioner Frank Ki,~ein led the flaq~alute. PRESENT: 5 ".~.O~MMISSIoNERs: Goudy, Klein, Knopp, Ruddy, Schneider ABSENT: 0 COM/~ISS IONERS: None Batallion Chief John Gail Zigler, Minute Also present were Police Chief'Rick Sayre, Winder, Councilmember Karel Lin~mans and Clerk. PUBLIC COMMENT None COMMISSION BUSINESS TEMECULA VALLEY UNIFIED SCHOOL DISTRICT BUS DEPOT - Chairman Joseph Schneider CHAIRMAN JOSEPH SCHNEIDER reviewed the "Draft" memorandum to the City Manager with recommendations from the Commission regarding the Temecula Valley Unified School District Bus Depot. CHAIRMAN SCHNEIDER opened the public hearing at 7:05 P.M. DAVID CIABATTONI, 41646 Avenida De La Reina, Temecula, stated that in reviewing the draft memorandum his only recommendations to the Commission were to ask for an "Emergency" Noise Ordinance and to delete the words "(if any)" from the last paragraph of the draft memorandum. JOE SEGUIN, 41640 Avenida De La Reina, Temecula, stated that he felt that the draft could include a little more language. He added that he disagreed with the references to the E.I.R. CHAIRMAN SCHNEIDER closed the public comment to the discussion at 7:10 P.M. PSMIN4/11/91 -1- April 16, 1991 PUBLIC SAFETY COMMISSION MINUTES APRIL 11, 1991 COMMISSIONER KNOPP stated that although he agreed with the main context of the "draft" he prepared an alternative ending paragraph which he feels should be incorporated into the memo. See reference to Exhibit A last page. COUNCILMEMBER KAREL LINDEMANS assured Commissioner Klein that the proper process for forwarding recommendations to the City Council is via the City Manager's office. COMMISSIONER KLEIN outlined a number of proposed modifications to the "draft" memorandum. COMMISSIONER RUDDY stated that although he agreed with the statements expressed by the other two Commissioners, he did not want to modify the memorandum to include comments that might suggest the Commission was telling the Council how to do their job. COUNCILMEMBER LINDEMANS suggested amending the memorandum to read "It is recommended by the Public Safety Commission that the Council request the City Attorney and the Planning Director to verify the Commission's findings and seriously consider it's recommendations." He also suggested that the Commission obtain a sample noise ordinance from another City. CHAIRMAN SCHNEIDER stated that the Public Safety Commission has heard all the testimony, seen all the documents and he sees no need for the City Attorney or Planning Director to verify the Commission's findings; however, they do need direction from the City Attorney on how to correct the problem. After lengthy discussion of a number of changes suggested by Commissioners Klein, Ruddy and Knopp, CHAIRMAN SCHNEIDER moved to redate the "Draft Memorandum" with the date of April 11, 1991, and revised it as follows: DELETE REPLACE/ADD First Paragraph: "several" "all but the first" Second Paragraph: "disturbances and light pollution" Third Paragraph: "South Coast A.Q.M.D." Statement No. 5: "and City staff" Statement No. 6: "It is not clear if a resolution" PSMIN4/11/91 -2- April 16, 1991 PUBLIC SAFETY COMMISSION MINUTES APRIL 11, 1991 DELETE REPLACE/ADD Statement No. 6: "does not appear "is" to be" Final Paragraph: "to investigate and" Final Paragraph: underline the words "in timely abating" COMMISSIONER RUDDY seconded the motion. COMMISSIONER KNOPP stated that unless some of the stronger language that was proposed to the final paragraph was included in the memorandum, he would vote "NO". COMMISSIONER KLEIN stated he felt it is critical to indicate a requirement for a legally fulfilled E.I.R. in the second paragraph. He objected to having his comments regarding "a serious planning error", and the final comments regarding City Planning Department involvement to "ensure against the repetition of a similar location planning mistake," excluded. He stated that he would have to vote "NO" if some of these stronger statements were not included. COMMISSIONER GOUDY added that he to felt that the memorandum should include some stronger statements and concurred with Commissioner Klein and Commissioner Knopp. He stated that he would vote "No" on the proposed revisions to the motion. COMMISSIONER RUDDY requested clarification from Councilmember Lindemans on his thoughts regarding the context of the memorandum. COUNCILMEMBER LINDEMANS stated that he agreed with the motion as presented. COMMISSIONER KNOPP questioned if Councilmember Lindemans' suggestion to delete the words "with respect to the City's role and options (if any) in timely abating or..." was included in his revisions. CHAIRMAN SCHNEIDER amended his motion to delete the words "(if any)" and underline the word "timely", COMMISSIONER RUDDY concurred. AYES: 2 COMMISSIONERS: Ruddy, Schneider NOES: 2 COMMISSIONERS: Klein, Knopp ABSTAIN:i COMMISSIONERS: Goudy PSMIN4/11/91 -3- April 16, 1991 PUBLIC SAFETY COMMISSION MINUTES APRIL 11, 1991 COMMISSIONER KNOPP moved the memorandum as amended by Chairman Schneider include his proposed final paragraph, seconded by COMMISSIONER GOUDY. AYES: 2 COMMISSIONERS: Goudy, Knopp NOES: 2 COMMISSIONERS: Ruddy, Schneider ABSTAIN:i COMMISSIONERS: Klein CHAIRMAN SCHNEIDER declared a recess at 8:20 P.M. reconvened at 8:30 P.M. The meeting CHAIRMAN SCHNEIDER restated his previous motion with the following amendment: last paragraph, third sentence, delete the words "the city's roles and options (if any) in...", seconded by COMMISSIONER RUDDY. COMMISSIONER KLEIN requested that the words "and legally fulfilled" be added to the E.I.R. references in the second paragraph. COMMISSIONER RUDDY suggested using the words "and legally sufficient". CHAIRMAN SCHNEIDER concurred with the revision. COMMISSONER KLEIN requested also that his comments regarding the placement of the facility in a residential neighborhood be included. CHAIRMAN SCHNEIDER offered to amend his motion to include the following revision to Statement No. 1 which would read "The noise, exhaust fumes and hours of operation of the school district's "Bus Barn" significantly diminishes the quality of life for residents of homes adjacent to this facility and that this land use is patently incompatible in a residential neighborhood." COMMISSIONER RUDDY concurred with the revision to the motion. AYES: 4 COMMISSIONERS: Goudy, Klein, Ruddy, Schneider NOES: 1 COMMISSIONERS: Knopp COMMISSIONER KNOPP requested that his dissent to the motion be included in the minutes and it is attached as Exhibit "A". PSMIN4/11/91 -4- April 16, 1991 PUBLIC SAFETY COMMISSION MINUTES OTHER BUSINESS None POLICE CHIEF'S REPORT None FIRE CHIEF'S REPORT None COMMISSION REPORT None APRIL 11, 1991 ADJOURNMENT CHAIRMAN SCHNEIDER declared the meeting adjourned at 8:50 P.M. Next Meeting: April 25, 1991, 7:00 P.M., Fire Station No. 73, 27415 Enterprise Circle West, Temecula, California. Secretary Joseph Schneider, Chairman PSMIN4/11/91 -5- April 16, 1991 ITEM NO. 29 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Engineering Department May 14, 1991 Avenida De La Reina PREPARED BY: RECOMMENDATION: 1. Douglas MacPherson, Senior Transportation Engineer Direct Staff to prepare a traffic engineering study addressing traffic conditions on Avenida De La Reina between Rancho California Road and Rancho Vista; and Authorize the funds ($12,500) to conduct the study. Consider the Traffic Commission recommendation to install a 4-way stop sign at Avenida De La Reina and Corte Alhambra/Corte Arroyo Vista. DISCUSSION: At the April 24, 1991 meeting, the Traffic Commission directed Staff to bring the recommendation of this agenda report to the Council for their consideration. Prior to the Traffic Commission's February 27, 1991 meeting, the Engineering Department had received several-requests regarding traffic conditions on Avenida De La Reina between Rancho California Road and Rancho Vista Road. At the February 27, 1991 meeting, the Commission received comments from many residents of Avenida De La Reina regarding this situation. A petition was also received at that meeting signed by about 75 residents in the area. Essentially, residents are concerned about speeding, infiltration of through traffic, school bus loading safety, and bus fumes from the School District facility. The infiltration of through traffic is perceived to be students and other vehicles from Temecula Valley High School using Avenida De La Reina to short-cut between Rancho California Road and Rancho Vista Road through a residential district. A:AVE-DELA.REI 1 At the February 27, 1991 meeting, the Commission directed staff to implement the following improvements on Avenida De La Reina: Install centerline striping on Avenida De La Reina. Install 25 mph speed limit signs. Install a 4-way stop at the intersection of Corte Alhambra/Corte Arroyo Vista with Avenida De La Reina. Subsequent to the February meeting, several residents expressed disagreement with the installation of centerline striping. Staff was asked by the Traffic Commission not to follow through with that action. Since Avenida De La Reina is a "residence district" as defined by California Vehicle Code {CVC) Section 515, this street currently has a 25 mph prima facie speed limit. However, to emphasize this limit, 25 mph speed limit signs have been ordered to be installed at appropriate locations on Avenida De La Reina. Since the February 27 meeting, staff met with Mr. Woody Franklin, Director of Maintenance, and Mr. Paul Oglesby, Assistant Principal of Temecula Valley High School to discuss some initial actions which the school district may be willing to take to relieve traffic infiltration on Avenida De La Reina. As a first step toward resolving one of the traffic issues, the High School has prepared a memorandum to students and faculty requesting access to school occur on appropriate roadways ( Rancho Vista, Margarita, Meadows Parkway) rather than through residential areas such as Avenida De La Reina. It has recently come to the staff's attention that the School District is currently beginning a reconfiguration of their high school parking area which will result in ( 1 ) paving of the dirt area adjacent to the driveway opposite Avenida De La Reina, (2) closing of an existing driveway just east of Calle Rio Vista, (31 placing a new driveway opposite Calle Rio Vista, (4) eliminating internal access between staff and student parking areas, (5) and other changes. After further chance to review possible alternative solutions to traffic conditions on Avenida De La Reina, particularly in view of the parking and driveway changes occurring at the High School, staff believes that several complex issues need to be resolved which will require a formal traffic study to properly analyze alternatives and develop optimum solutions. There are several temporary traffic diversions (manual diversion of traffic at Rancho Vista/high school driveways; several possibilities for closure/modification at school driveways; a possible median along Rancho Vista (to prevent through traffic from using residential streets); closure or partial closure of Avenida De La Reina at Rancho Vista, Rancho California Road or some point in between (likely north of Corte Alhambra); and other traffic issues to be studied. Each of these alternatives needs to be analyzed to determine impacts, feasibility, legal implications, costs, possible diversion of traffic to other streets, etc. The following scope of work is proposed for this Avenida De La Reina study: A:AVE-DELA.REI 2 TRAFFIC STUDY AVENIDA DE LA REINA Scope of Work TASK I Establish Existing Conditions/Data Collection This task will involve gathering existing pertinent roadway characteristics (i.e.. street/right-of-way widths. lane configurations. speed limits, signing and striping. average daily traffic. peak hour traffic. school driveway locations, parking conditions, and other features of area roadways, Traffic counts will be taken on Avenida De La Reina. Calle Rio Vista, Corte Arroyo Vista. Corte Alhambra. and Rancho California. TASK II Identify Traffic Issues/Develop Alternative Solutions This task will involve the identification of the traffic issues which the neighborhood. the Commission. and staff believe need to be resolved to provide safe, livable traffic conditions on Avenida De La Reina and its environs. Potential alternative solutions to each of the identified traffic issues will be developed in this task. TASKIll Analysis of Alternative Solutions/Development of Optimum Traffic Solutions Each of the possible alternatives for preventing traffic infiltration on Avenida De La Reina and its environs will be analyzed to determine traffic and safety impacts including redistribution of traffic, access limitations for the neighborhood, and other issues, TASK IV Investigate Legal Implications of Alternatives and Develop Cost Comparisons The legal implications of possible street or driveway closures, diverters or other techniques to prevent traffic infiltration will be studied, In addition, comparisons of costs will be developed for alternatives which may have significant cost implications. TASK V Prepare Traffic Report A report summarizing the existing conditions and data collected, analysis techniques. alternatives discussion. conclusions and the recommended improvement program and methodology will be documented in a traffic report, Total Cost of Traffic Study $ 12,500.00 A: AVE-DELA. REI 3 At the February 27,1991 meeting of the Traffic and Transportation Commission the Commission received comments from residents living on or adjacent to Avenida De La Reina which indicated a desire to install a 4-way STOP at Avenida De La Reina and Corte Alhambra/Corte Arroyo Vista. The following comments on this issue were presented to the Commission in the February 27,1991 agenda report (staff had anticipated the neighborhood requestl. Although no traffic count data is available for the intersection of Avenida De La Reina and Corte Alhambra/Corte Arroyo Vista it is expected that this intersection does not meet the warrants for installation of a 4-way stop. The estimated daily traffic volumes are as follows: Avenida De La Reina - 1500 Corte Alhambra - 200 Corte Arroyo Vista - 200 The minimum volumes to warrant a 4-way stop are 2400 per day on Avenida De La Reina and 1600 per day on Corte Alhambra/Corte Arroyo Vista. Sight distance at the intersections is adequate for the 25 mph speed limit. There have been no accidents reported at any location on Avenida De La Reina, except the accident which is apparent on the videotape. Installation of stop signs on Avenida De La Reina at Corte Alhambra is not likely to reduce the traffic volumes or speeds in the area. There have been numerous studies performed by engineers and agencies to determine the effect of unwarranted stop signs on speed. These studies indicate that unwarranted stop signs typically do not decrease the speed of traffic and in many cases actually cause an increase in speeds as motorists try to "make up for lost time". Following discussion the Commission unanimously approved the installation of the 4- way stop sign, Since this installation did not satisfy stop sign warrants, and since one alternative solution to traffic problems may be a potential street closure of Avenida De La Reina within 1 block of this location (which would significantly reduce traffic on Avenida de La Reina), staff brought the 4-way stop issue to the Commission again on April 24, 1991, On April 24th staff advised the Commission that this location would not satisfy warrants, nor would the primary neighborhood concerns (speed and traffic infiltration) be resolved or significantly effected by the 4-way stop sign. Following discussion, the Commission re-affirmed its direction to staff to install the 4-way stop sign. A:AVE-DELA.REI 4 Because the STOP sign causes a substantial inconvenience to motorists (and increases associated noise, fuel consumption and air pollution ) it should only be used when warranted. Good traffic engineering practice indicates that multi-way stop installations should ordinarily be used only where the volume of traffic on the intersecting roads are approximately equal. The primary purpose of a stop sign is safe right-of-way assignment, not as a method of speed or volume control on a street. Studies have shown unwarranted stop signs can have significantly high violation rates with the inherent possibility of accidents at such locations. The State of California Traffic Manual policy guideline for warrants for a multi-way stop are as follows: POLICY Any of the following conditions may warrant a multi-way STOP sign installation: Where traffic signals are warranted and urgently needed, the multi-way stop may be an interim measure that can be installed quickly to control traffic while arrangements are being made for signal installations. An accident problem, as indicated by five or more reported accidents within a 12 month period of a type susceptible to correction by a multi-way stop installation. Such accidents include right and left turn collisions as well as right-angle collisions. 3. Minimum traffic volumes: (a) The total vehicular volume entering the intersection from all approaches must average at least 500 vehicles per hour for any 8 hours of an average day, and (b) The combined vehicular and pedestrian volume from the minor street or highway must average at least 200 units per hour for the same 8 hours, with an average delay to minor street vehicular traffic of at least 30 seconds per vehicle during the maximum hour, but (c) When the 85-percentlie approach speed of the major street traffic exceeds 40 miles per hour, the minimum vehicular warrant is 70 percent of the above requirements. A complete study has been conducted of this location with the following findings: 1. Traffic signals are not warranted at this location. 2. Only one accident has occurred at this location in the past 12 months. A:AVE-DELA.REI 5 The minimum traffic volume warrant requirement is NOT satisfied: Avenida De La Reina Corte Alhambra/Corte Arroyo Vista Warrant* Actual 500 128 200 35 * Average Vehicle/Hour for Any 8 Hours In summary. none of the requirements for a ~-way stop warrant are satisfied. Since visibility is adequate for the 25 mph speed limit on Avertida De La Reina (for vehicles entering from Corte Alhambra/Corte Arroyo Vista), since the volumes are not equal i. e, significant levels of traffic would be stopped on the major street ( increasing air and noise pollution), and since adequate gaps exist to enter the major street traffic stream with little delay to the minor street traffic for the overwhelming majority of a typical day ( heavier Avenida De La Reina traffic does exist for very short periods 2-3 times daily on school days due to traffic from the High School), It is hoped this condition can be resolved in a more appropriate manner than installing unwarranted stop signs. As the complexity of traffic issues in the City intensifies with future development. numerous requests for traffic control devices from residents will inevitably result, Staff believes that it is important to safety and effective traffic control in the City to install traffic control devices based on sound traffic engineering criteria and judgement. For that reason, staff cannot support this 4-way stop installation. nor other traffic control devices that would jeopardize safety and uniformity of traffic control in Temecula. DM:ks A: AVE-DELA. REI 6 ITEM NO. 30 APPROVAL ~ CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager City Manager/Planning Department May 14. 1991 Selection of General Plan Consultant PREPARED BY: Gary Thornhill R ECOMMENDAT ION: That the Council APPROVE the selection of The Planning Center as the consultant to prepare the City's General Plan and DIRECT Staff to prepare the contract for approval by the City Council. DISCUSSION: Over the past several months, the City has been soliciting requests for qualifications and reviewing requests for proposals from consultant firms and interviewing consultant firms to prepare the General Plan Program (including consistency rezoning and zoning ordinance) for the City of Temecula. A selection committee comprised of two Staff members, two Planning Commissioners, and two councilmembers reviewed all proposals and met on several occasions to interview the candidate consultant firms. After narrowing the field down to two firms, on April 18, 1991 three members of the selection committee met with the remaining two firms to make a decision. At the conclusion of the interview, the selection committee unanimously voted to recommend The Planning Center to the City Council as the recommended consultant firm. This decision was based on the experience and reputation of the firm in preparing general plans, the strength of the supporting team, references from other agencies where prior work was performed, and the proposed cost of the program. During the course of the final interview process, the selection committee negotiated the cost of the program down from the original proposal of $562,000 to $485,000. Both firms were requested to reevaluate their proposal in an attempt to reduce the cost of the program without affecting the integrity or quality of the final product. GT:ks A:GENPLAN.SEL ITEM NO. 31 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: S UBJE C T: City Manager/Ci~ouncil City Clerk~-'~ May 14, 1991 Entitlement of Lake Elsinore to the City of Lake Elsinore RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE DESIRE OF THE CITY OF LAKE ELSINORE TO ACQUIRE AND EXERCISE JURISDICTION OF THE LAKE BACKGROUND: The City Council considered this matter at the meeting of March 26, 1991. At that time, it was the desire of the Council to look at this matter in greater depth, and it was continued to this meeting. A TTA CHMENTS: Agenda Report of March 26, 1991 Proposed resolution Letter form Mayor Gary Washburn, dated March 7, 1991 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council City Clerk March 26, 1991 Entitlement of Lake Elsinore to the City of Lake Elsinore RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE DESIRE OF THE CITY OF LAKE ELSINORE TO ACQUIRE AND EXERCISE JURISDICTION OF THE LAKE BACKGROUND: Mayor Parks requested that this matter be placed on the agenda with along with the resolution which we have prepared for your consideration. The letter of request from the Mayor of the City of Lake Elsinore, Gary Washburn is also attached. jsg Attachments: Resolution Letter from Gary M. Washburn dated March 7, 1991 r,IAR 19 '91 16:31 PACIFIC SOILS S.D.61~-5~-Od~ CITY HAt, I. 130 SOUTH MAIN STREET LAKE ELSINORE, CALl FORNIA 92330 Telephone 1714) 674-3126 March 7, 1991 The 'Honorable Mayor Ronald Parks .City of Temecula P.O. Box 3000 Temecula, CA g23go RE: Entitlement of Lake Elsinore to the City of Lake Elsinore Dear Mayor Parks: I am writing this letter to seek support of you and your City in reference to the above. As you are aware, the Lake is a natural resource that lies within the City's limits. It not only enhances our local economy but that of the City of Temecula also. To have the lake under the control of our City management would be of benefit to both city and county residents. We are requesting that the State of California and its Parks and Recreation Department assign the City of Lake Elsinore the ownership of the lake and its recreational areas. .Your support of this matter would be appreciated, If you have any questions or would like further information, please don't hesitate to contact my office at 674-3124, ext. 261. Sincerely, ~,TY OF ~KE ELSINORE '~a'F~ '1~ IJashl~rn Gl~:ld CO: City Council City ,Manager Assistant City Manager RESOLUTION NO. 91- A RESOLUTION OF THE CITY OF TEMECULA, CALIFORNIA SUPPORTING THE DESIRE OF THE CITY OF LAKE ELSINORE TO ACQUIRE AND EXERCISE JURISDICTION OF THE LAKE WHEREAS, at the present time Lake Elsinore is operated under the jurisdiction of the California State Parks and Recreation Department, and WHEREAS, Lake Elsinore is within the corporate boundaries and sphere of influence of the City of Lake Elsinore; and WHEREAS, Lake Elsinore is central to both the propose and welfare of the community providing both significant recreation opportunities and economic support to the area through tourist related aspects; and WHEREAS, the City of Lake Elsinore and the Redevelopment Agency of the City of Lake Elsinore are the most appropriate agencies for owning and operating Lake Elsinore as a consequence of the breadth of both civic and economic powers; and WHEREAS, it is clearly in the best interest of the community to have a local agency responsive to local citizenry responsible for operating the lake. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Temecula, do hereby support and encourage the City of Lake Elsinore to acquire and exercise jurisdiction of the Lake and do further encourage the State of California and its agencies, State Parks and Recreation Department to enter into discussions with the City of Lake Elsinore concerning the potential acquisition of Lake Elsinore. PASSED, APPROVED AND ADOPTED this day of , 1991. ATI~,ST: Ronald J. Parks, Mayor June S. Greek, City Clerk [SEAL] 5/re~o152 -1- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) $S CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 90- was duly adopted at a regular meeting of the City Council of the City of Temecula on the day of , 1991, by the following roll call vote. AYES: 0 COUNCILMEMBERS: Birdsall, Lindemans, Mufioz, Moore, Parks NOES: 0 COUNCILMEMBER: None ABSENT: 0 COUNCILMEMBER: None 5/reso152 -2- ITEM NO. 32 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council City Manager May 14, 1991 Main Street Revitalization Committee PREPARED BY: June Greek, City Clerk RECOMMENDATION: Consider formation of a Main Street Revitalization Committee. BACKGROUND: At the City Council meeting of May 7, 1991, Mayor Pro Tem Birdsall requested that this matter be placed on the agenda for your consideration. Her suggestions were to: 1. Appoint a committee consisting of one member from each of the following organizations: The Temecula ~Valley Chamber of Commerce The Temecula Museum Foundation The Temecula Town Association The Old Town Merchants Association The Old Town Architectural Overlay Committee Appoint a committee. member of the City Council to serve as liaison to this JSG ITEM NO. 33 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: City Manager DATE: May 14, 1991 SUBJECT: Pass-through Agreement with the County of Riverside PREPARED BY: City Clerk June S. Greek RECOMMENDA T/ON: Approve the agreement entitled "Agreement between the Redevelopment Agency of the County of Riverside, County of Riverside Asset Leasing Corporation, the City of Temecula and the Redevelopment Agency of the City of Temecula, for reimbursement and distribution of tax increment funds from the Temecula Redevelopment Project", in substantially the form presented, subject to approval as to form by the City Manager and City Attorney. BACKGROUND: The staff will finalize the staff report on this item and forward it to you under separate cover. JSG TEMECULA COMMUNITY SERVICES DISTRICT AGENDA ITEM NO. 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD APRIL 23, 1991 A regular meeting of the Temecula Community Services District was called to order at 8:10 PRESENT: 4 DIRECTORS: ABSENT: 1 DIRECTORS: PM. Lindemans, Moore, Parks, Mu~oz Birdsall Also present were City Manger David F. Dixon, City Attorney Scott F. Field and Susan W. Jones, Acting Deputy 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 April 9, 1991, as mailed. The motion was carried by the following vote: AYES: 4 DIRECTORS: NOES: 0 DIRECTORS: ABSENT: 1 DIRECTORS: Lindemans, Moore, Parks, Mu~oz None Birdsall Authorization of Recreation Positions for the Temecula Community Services District Shawn Nelson, Director of Community Services, introduced the staff report. It was moved by Director Parks, seconded by Director Moore to approve the list of recreation positions, job specifications and salary ranges and authorize staff to fill positions for upcoming summer recreation programs. The motion was carried by the following vote: AYES: 4 NOES: 0 ABSENT: 1 DIRECTORS: Lindemarts, Moore, Parks, Mu5oz DIRECTORS: None DIRECTORS: Birdsall 4/Minutes/042391 -1- 05/02/91 CSD Minutes 3. March 12, 1991 Joint Use Agreement Between the TCSD and the Temecula Vallev Unified School District Shawn Nelson, Director of Community Services, introduced the staff report. It was moved by Director Moore, seconded by Director Parks to approve the joint use agreement contract between the TCSD and the Temecula Valley Unified School District. The motion was carried by the following vote: AYES: 4 NOES: 0 ABSENT: 1 DIRECTORS: Lindemans, Moore, Parks, Mu~oz DIRECTORS: None DIRECTORS: Birdsall .. Aqreement with !(ingswav Construction Comicany Shawn Nelson, Director of Community Services, introduced the staff report. Director Lindemans stated the developer has agreed that $12,000 will be put into an escrow account. He requested that these funds be used to expedite the building of Pala Bridge. Mark Ochenduszko, Assistant City Manager, stated that the intent was $1 2,000 would be set aside in an escrow account to be used to finance the design of Pala Bridge and would be used to further expedite this matter. It was moved by Director Lindemans, seconded by Director Moore to approve an agreement with Kingsway Construction Company to acquire 23.52 acres of park property. The motion was carried by the following vote: AYES: 4 DIRECTORS: Lindemans, Moore, Parks, MuRoz NOES: 0 DIRECTORS: None ABSENT: 1 DIRECTORS: Birdsall 4/Minutes/042391 -2- 05/02/91 March 12, 1991 CSD Minutes 5. Naminq Policy for Citv Park Sites Shawn Nelson, Director of Community Services, introduced the staff report. President Mu~oz called a recess at 8:23 PM to change the tape. The meeting was reconvened at 8:24 PM. Director Parks suggested naming the park, "Veterans Park" in honor of all veterans serving their country, instead of the suggested "La Serena Park". Director Moore explained the reason for the name "La Serena Park" was for identifying location of various parks around the City. It was moved by Director Parks, seconded by Director Lindemarts to approve the official name of the park site on La Serena Way as "Veterans Park". The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Birdsall It was moved by Director Parks, seconded by Director Lindemarts to approve the naming policy for City park sites. The motion was carried by the following vote: AYES: 4 NOES: 0 ABSENT: 1 DIRECTORS: Lindemans, Moore, Parks, MuAoz DIRECTORS: None DIRECTORS: Birdsall COMMUNITY SERVICES DIRECTOR REPORT Shawn Nelson requested this meeting be adjourned to the meeting of May 7, 1991, at the Temporary Temecula Community Center, at 8:35 PM. CITY ATTORNEY REPORT None given. 4/Minutes/042391 - 3- 05/02/91 CSD Minutes D/RECTORS REPORTS None given. March 12, 1991 ADJOURNMENT It was moved by Director Moore, seconded by Director Birdsall to adjourn at 8:35 PM. motion was unanimously carried with Director Birdsall absent. The J. Sal Mu~oz, President ATTEST: June S. Greek, City Clerk 4/Minuteg/042391 -4- 05/02/91 ITEM NO. 2 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER '~- TO: FROM: DATE: SUBJECT: CITY OF TEMECUI. A AGENDA REPORT BOARD OF DIRECTORS DAVID F. DIXON MAY 14, 1991 ACCEPTANCE OF EASEMENT DEEDS FOR SLOPE MAINTENANCE AND GRANT DEED FOR PARK DEDICATION PREPARED B~ SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR RECOMMENDA T/ON: That the Board of Directors: Accept easement deeds for slope maintenance, street lighting, and median services and a grant deed for a five (5) acre undeveloped lot proposed as a future neighborhood park site for the TCSD. FISCAL IMPACT: Cost to maintain these slopes have already been approved and are included in the FY 1990-91 operating budget by the Board of Directors. DISCUSSION: The enclosed easement deeds have been reviewed by staff to ensure that legal and landscaping requirements have been completely satisfied. These slope and median areas have been inspected by our Maintenance Superintendent, Tad Garrety, and are acceptable to our standards. The vacant five (5) acre lot is in the northern part of the City on Riverton Street, next to Calle Medusa. The following are being recommended for acceptance: 1. Tract 18518 Tierra Brisas (Slopes) 2. Tract 21674-2 Villa Avanti (Slopes) 3. Tract 18518-1 Saddlewood (Slopes) 4. Tract 21765 Meadowview (Slopes) 5. Tract 18518-1 Saddlewood (Street lights) 6. Tract 20848 Portofino (Street lights) 7. Tract 21675-4 Rancho Vista (Street lights) 8. Ynez Road Medians Enclosed are the easement deeds and grant deed for your review. Cily ('~e~k D~l)arhncnt 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: Pr~t:MEADOWVIEW ESTATES IRREVOCABLE OFFER TO DEDICATE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, GATEWAY-MEADOWVIEW ASSOCIATES, LTD. Gran~zor ), 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, success: a~gns of the GRANTOR. GRANTOR April 30, 1991 DATED STATE OF CALIFORNIA CITY OF TEMECULA ON April 30, 1991 bc~re mc, thcundersign~,a Nom~Publieinand ~rsaid S~tc,~rsonally appear~ George Szabo and David M. Anderson to be the person whose names are WITNESS my ~ and official seal. ,'._.-'~o/~9/Public subscribed to the within instrument and acknowledged that executed the same. "~F~ICIAL NOTARY SEAt KAREN M PRIDE E -, ~comm ~m,e. NOV m CERTIFICATEOF ACCEPTANCE Thia is to certify that the interest in real property conveyed by the within Irrevocable Off~ To Dedieat~ to the Temeeul~ Community Service District, a political corpor*tion and/or governmental agency, ia hereby aecep~ed by order of the Board of Directors on the date below and the Grantee consents to the recordation thereof by its duly authorized officer. Date EXHIBIT "A" Those certain "slope and landscape maintenance easements" lying within Lots 10, 13 and 14 of Tract No. 21765 as shown on a map thereof filed in Book 209, Pages 33 through 38 of Maps in the Office of the County Recorder of Riverside County, California. EXCEPTING THEREFROM that portion of said "slope and landscape maintenance easement" lying within Lot I0 described as follows: BEGINNING at the southwesterly corner of said Lot 10, said corner being on a curve in the southwesterly line of said lot concave southwesterly and having a radius of 483.00 feet, a radial line of said curve from said corner bears South 79°53'00" West; thence along said southwesterly line and curve northwesterly 34.56 feet through a central angle of 4°06'00"; thence non-tangent from said curve South 32°05'00" East 34.79 feet to the southeasterly line of said Lot 10; thence along said southeasterly line South 69°00'00" West 12.00 feet to the POINT OF BEGINNING. N p supervision of: ~ ~ Lawrence L. Bacon, L.S. 3527 ,, L..~. 3527 ~ EXP. 6-30-92 I~c~ : ..: ,' request of and return to: Cit) (.'lc;k [X~,artment City ~1 l'en~cct,la 43172 Et~si~:s Park Drive Tem:c.L~, C.lifi~mia 92390 FREE RECORDING This instrumc~t is for the benefit of the County of Riverside and is entitled to le recorded without fee (Govt. Code 6103). Parcel: Project: IRREVOCABLE OFFER TO DEDICATE FOI-~ ,'\ VAUJ,\BLE CONSIDERATION, receipt of which is hereby acknowledged, --4- ~- ,~.,a./) ("Grantor'), hereby irrevocably offer to dedicate t, t'ac ', en,~-:,;L (:ommunity Service District ( Grantee ), together with the right to further grant or transfer the same to others a ,~*n'l',:lt~:,l c::?~:ent and right-of-way for maintaining, operating, altering, repairing, and replacing equipment and landscaping over and withi the ! ,'~'.2-,~i of that certain real property located in the City of Temecula, County of Riverside, more particularly described in Exhibit 'A att:¥.'d h'~?~o, which is incorporated herein by this reference (the 'Easement Area~). ( .,,., 1 ,: . or its governmental entity, successors, or assigns, determines it is unable, incapable, or unwilling to maintain said Easemen Arc:~. ~.-.in~e~".ice shall, after notice, become the responsibility of GRANTOR, with all covenants and agreements of this easement extendin to n::'.l becomi'~g obligations of all heirs, executors, administrators, successors and assigns of the GRANTOR. GRANTOR D,\-I ST/\'I'E OF C;\LIFORNIA ) : CI'I'Y OF '1EHECULA ) O,'l .' /"' ' to I,,.' ~l;c i,~'r~i '~ :./~' G/ / ~? c~ / before me, the undersigned, a Notary Public in and for said '/ State, personally appeared y(~/>..~ Z~ - '~ "/" ' " whose name .~ ~. subscribed to the within instrument and acknowledged tha~'c~ecutcd the same. WITNESS my hand and official seal. /// . ./ ' . /.~. Notary Public CERTIFICATE OF ACCEPTANCE 'rh,s ?, x. cc~iii) that the interest in real property conveyed by the within Irrevocable Offer To Dedicate to the Temecula Community Service District, i,.!i~i,'~i co, 1 ..... , :~q and/or governmental agency. is hereby accepted by order of the Board of Directors on the date below and the Grantee consents to tl rcc~,,,lati',n tl~,'' ,f !,y its duly authorized officer. EXHIBIT "A" That certain "slope and landscape maintenance easement" lying within Lot 9 of Tract No. 21765 as shown on a map thereof filed in Book 209, Pages 33 through 38 of Maps in the Office of the County Recorder of Riverside County, California. L.S. 3527 EXP. 6-30.92 ~e OF CAL~© Prepared under the supervision of: Lawrence L. Bacon, L.S. 3527 Recorded at requast of and return to: Department of Builcli~lg Services Real Property Management Division 3133 7th Street Riverside, Califor,fia 92507 FREE RECORDING This instnm~cnt is for the benefit of the Cou,ty of R. ive,~id¢ and is entitled to be recorded without lee. (Govt. Code 6103). Farcol.' Project: GII~%NT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, J & L Properties ("GRANTOR") hereby grants and conveys to the City of Temecula Community Service District ("GRANTEE"), together with the right to further grant or transfer the same to others, a fee simple estate for the purpose of maintaining, operating, altering, repairing, and replacing equipment and landscaping over and within the boundaries of, all that certain real property located in the County of Riverside, State of California, more particularly described in "Exhibit A" attached hereto, which is incorporated .herein by this reference (the "Maintenance Area") . If GRANTEE, or its governmental entity, successors or assigns, determines it is unable, incapable, or unwilling to maintain said Maintenance Area, then maintenance shall, after notice, become the responsibility of GRANTOR, with all covenants and agreements of this conveyance extending to and becoming obligated of all heirs, executors, administrators, successors and assigns of the GRANTOR. DATE: J & L PROPERTIES, a California General Partnership by: Larry/%A. Carter Homes, a California Corporation e eral Partner · r , resident Mary K~ Carter, Secretary By: Jack Sweigart & Associates, Inc., a California Corporation as Gen,9~Partner ack T.~eigart, President Victoria Sweigart, Secretary GRANTOR STATE OF CALIFORNIA) ) ss COUNTY OF ORANGE ) On this 26th day of April , 19 91 , before me, Julia Davis , a Notary Public in and for said State, personally appeared Larry A. Carter and Mary K. Carter , personally known to ~e, or proved to me on the basis of satisfactory evidence, to be the President and Secretary, respectively, of Larry A. Carter Homes , the corporation that executed the within instrument and known to me, or proved to me on the basis- of satisfactory evidence, to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me, or proved to me on the basis of satisfactory evidence, to be one of the partners of J & L Properties , the partnership that such corpora ' _ ns such partner and that such partnership executed th~ ~ _~ OFFICIAL SEAL ~ ,,~? '"_.~ JULIA B DAVIS WITNESS _~ ~u: ~ ~'~,~f~i~ o,~ ~u~ { ~ My ..... expires AUG 8, ~993 q~ ~ My Principal Place of Business is No~ry Public in and for said State in Orange County. California My Commission expires August 6, 1993 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within deed to the CITY OF TEMECULA, a political corporation and/or governmental agency, is hereby accepted by order of the City Council of the City of Temecula on the date below and the grantee consents to the recordation thereof by its duly authorized officer. Date: Exhibit A Lot 111 of Tract No. 18518, in the County of Riverside, State of California as shown by map on file in Book 182, pages 88 through 93, inclusive of maps, in the office of County Recorder of said County. STATE OF CALIFORNIA) ) ss o~ t~,~ day of A~.~, 19~1, before me, ~~ ~b , a Notary Public in and for said State, personally appeared and ~%C~(~ ~(~~, personally known to me, or proved to me on the basis of satisfactory evidenqe, to be the President and Secretary, respectively, of D~-~ ~~~~' ~~,~j , the corporation that executed the within instrument and known to me, or proved to me on the basis of satisfactory evidence, to be th~ persons who executed the within instr~ent on behalf of said corporation, said corporation being known to me, or proved to me on the ba~s ~f satisfactory evidence, to be one of the partners of ~ ~ ~ , the partnership that such corporation executed the same as such partner and that such partnership executed the same. WITNESS MY HAND: ~ot a~ ic~i n~an~'~f 'or~ said~ate CAN ,A My Commission expires ?,ccordcd M rcqucst o[ nnd rclurn Io: Dcp~rlmcnt of Ih,ikli.g Scrviccs Real Propcrly Manngcmcnt Division 3133 71h Street Riverside, Califm nb 92507 FREE RECORDING This instrument is for the be.efit of Ihe Courtly o[' Riverside and is entitled to be recorded wilho.t fee. (Govt. Code 6103). Parcel: EASE["lENT DEED FOR A VALUABLE CONSIDEl~Al'lON, rcceiptofwhichishcrebyacknowlcdgcd, g & L PROPERTIES, a California General Partnership ("GRANTOR") hereby grants and conveys to the City of 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 land- scaping over and within the boundaries of that certain real property located in the County of Riverside, State of California, more particularly described in "Exhibit A" attached hereto, which is inc6rporated 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 Easemnt Area, maintenance shall, after.notice, become the responsibility of GRANTOR, with all covena6ts and agreements of this ease- ment extending to and becoming obligations of all heirs, executors, administrators, successors and assigns of the GRANTOR. STATE OF CALIFORh~-¢~ COUNTY OF ~ C~..~ .J_ _f..,.~ __ On q.~- ~0 said State. personally appeared__ of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary, on behalf of__~_~ the corporation there~n named, and acknowledged to me that said corporation executed the within instrument pursuant to its by- laws or a resolution of its board of directors, said corporation being known to.,q~e to be one of the partners of J the partnership that executed t e wt s ument. and ack- nowledged to me that such corporation executed the same as such partner and that such partnership executed the same. before me, the undersigned, a Notary Public m ' for -~..~o4 ~0.,-1" ___ nd , personally known to me for proved to me on the bas~s (This area for official notarial seal) STATE OF CALIFORNh~___.~(_~ ~ COUNTY OF of satisfactory evidence) to be the persons who executed the within instrument as the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by- laws or a resolution of its board of directors. said corporation being known to me to be on~;~ the partners of__ the partnership that executed the within instrument, and ack- nowledged to me that such corporation executed the same as such partner and that such partnership executed the same. Signature before me, the undersigned, a Notary Pubhc in and for C C,~_ r--...~ ¢,~ _ and personally known to me (or proved to me on the bas~s 5 (This area for official notarial seal) J & L PROPERTIES~ a California General Partnership BY: Jack Swei~g~_&~ates, a Californi corporat~n~ ~rtne~/ BY: ~% :triter Hpm s~,/a/ICalifornia corpor' Grantor ~ ~O~CAU~OMN~A ~ ~ . COUN~RIVE~o~SIDE ~ ' ' ' before'me, !he undersigned, a N~a~~ ~at e~u~d~ ~ . CERTIFICATE OF ACCEPTANCE This ~s [o ce~[[JY [h~[ [he jn[eres[ [n reel proper~Y conveyed by the w[Lh[n deed [o [13e C[[y o~ ~emecu[a Commun[[y Service D[s~[c~, ~ po[[[~c~[ co~po~s[[on and/or a~ency, [s hereby accep[e~ by o~der o[ [he Boa~ o[ D[~ec[o¢s on [he dale be[ou and ~a~cee consen[s ~o [he z'ecorda~[on ~he~eo[ by ils duly a~[ho~[se~ o[[[cer, Date County ~ounse! De,~uty December 13, 1988 W.O. 01-88-08 LANDSCAPE MAINTENANCE EASEMENT An easement for irrigation, maintenance, ingress and egress for landscape purposes over, under and across that portion of Lot iO1 of Tract 18518-1 in the County of Riverside, State of California, as shown on the map recorded in Book 177 of Maps, Pages 14 through 21, records of said County, said easement lying to the left of the follow- ing described line: Beginning at the Northeast corner of Lot 47 of said Tract 18518-1; thence S83°29'59W 394.35 feet along the Northerly boundary of said Tract 18518-1; thence leaving said boundary S49°32'20"W 222.56 feet; thence S26°05'03"W 58.89 feet; thence S05°04'22"W 322.64 feet; thence Sl1°45'41"E 93.68 feet; thence S27°22'09"E 138.37 feet to the South- westerly boundary of said Tract ~8518-1; thence S47°41'03"E 660.63 feet along said Southwesterly boundary; thence leaving said boundary S69°33'22"E 405.57 feet; thence S55°51'46"E 176.96 feet; thence N42°59'15"E 111.69 feet; thence S63°23'19"E 291.29 feet; thence S70°45'32"E 207.09 feet; thence S80°33'40"E 60.20 feet; thence S67°22'58"E 232.34 feet; thence S71°21'12"E 117.74 feet; thence N78°22'28"E 47.79 feet to the Southeasterly boundary of said Tract 18518-1; thence N42°29'58"E 106.00 feet along said Southeasterly boundary to the most Easterly corner of said Lot lOi~oint also being the Point of Terminus. ~_l E~~~~o ~n~s~,~~~PLS~30 . EXHIBIT A No.3009 0 FREE ItECOI{I)!N(.{ 'l'hi~; i,.~tm.nc.I is G~r the Im,elil of Ihe Co,nly or I~.ivc,side. n,d is c,lillcd to be recorded will,o,,I Ice. (Govt. Code 61U3). I'nfccl: In Tract 21674-2 i'[ojcc!: THE VILLA AVANTI ASSOCIATION EASEl'lENT DEED I:OR A VALUABLE CONSIDERA'I ION, fcccipt o[ which is hereby ack.owlcdgcd, THE VILLA AVANTI ASSOCIATION. a California non-profit mutual benef£t corporation. ("GRANTOR") hereby grants and conveys to the City of Temecula Community Service District ("GRANTEE"), together with the right t, further grant or transfer the same to others, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing equipment and land- scaping over and within the boundaries of that certain real property located in the County of Riverside, State of California, more particularly described in "Exhibit A" attached hereto, which is inc6rporated 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 Easemnt Area, maintenance shall, after.notice, become the responsibility of GRANTOR, with all covenants and agreements of this ease- ment 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. DATED By: "'M' ~da, President Carolyn. S. Agnew, Secretary STATE OF CALIFORNIA } SS. COUNTY OF RIVERSIDE On andforsaidState, personallyappeared President and Secretary, a California non-profit before me. theundersigned. aNotaryPublicin Wayne M. Matsuda and Carolyn S. Agnew, respectively, of THE VILLA AVANTI ASSOCIATION, mutual benefit corporation, to be Ihe person s whose name s lhat t h e y executed the same. are , known Io me subscribed 1o !he within instrument and acknowledged WITNESS my hand and olficial seal. Nolary Public CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real properly conveyed by the wilhin deed !o !he COUNTY OF RIVERSIDE, a political corporation and/or governmental agency, is hereby accepled by order of the Board of Supervisors on Ihe date below and the grantee consents to the recordalton thereof by ils 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-M2 Page 1 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 6~.86 feet to a line parallel with and 2.00 feet southeasterly from the southeasterly line ~f~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; 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. 21674-2; thence along said-~arallel 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 489.9'7 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 curwe 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 HOA-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. OF* Lawrence L. Bacon, L.S. 3527 27 28 Z? EXHIBIT "B" HOME OWNERS ASSOCIATION LANDSCAPE MAINTENANCE EASEMENT TRACT Ns 21674-2 /~ 5'H££T I ~2F I 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 1 of 1 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. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. , (~ L.S. 3527 EXP. 6-30-92 Lawrence L. Bacon, L.S. 3527 z? ze'~ z~ EXHIBIT "B" HOME OWNERS ASSOCIATION LANDSCAPE MAINTENANCE EASEMENT TRACT Ns 21674-2 /~:v. /~//~/~.~ ~HE£T I OF I SHEET Rccordcd nl rcqT~c.st of nttd return t(): L)cpnrlmcn! of IJuildh~§ Scrviccs Rcnl Properly Mnnnge~nc.t Division 3133 7lb Sireel Rivcrsidc, Cnlifornin 92507 FREE !~,EC. ORL)ING '[his in.~lf.men! is G~r the be.eft! of Ihe Cotrely of Riverside nnd is e.lidcd [o be recordcd wilhou[ (Govt Code 6103). ]'arcel: Project: In Tract 21674-2 THE VILLA AVANTI ASSOCIATION FOR A VALUABLE CONSIDI~RATION, receipt of which is hereby acknowledged, THE VILLA AVANTI ASSOCIATION, a California non-profit mutual benefi~ corporation, ("GRANTOR") hereby grants and conveys to the City of Temecula Community Service District ("GRANTEE"), together with the right to further grant or transfer the same to others, a fee simple estate for the purpose of maintaining, operating, altering, repairing, and replacing equipment and landscaping over and within the boundaries of, all that certain real property located in the County of Riverside, State of California, more particularly described in "Exhibit A" attached hereto, which is incorporated .herein by this reference (the "Maintenance Area"). If GRANTEE, or its governmental entity, successors or assigns, determines it is unable, incapable, or unwilling to maintain said Maintenance Area, then maintenance shall, after notice, become the responsibility of GRANTOR, with all covenants and agreements of this conveyance extending to and becoming obligated of all heirs, executors, administrators, successors and assigns of the GRANTOR. THE VILLA AVANTI ASSOCIATION, a California non-profit mutual benefit corporation. DATED J \J, us' \qqO Ways M. Matsuda, President Carolyn S. Agnew, Secretary STATE OF CALIFORNIA $s. COUNTY OF RIVERSIDE On before me, lheundersigned, aNotaryPublicin andforsaidStale, personallyappeared Wayne M. Matsuda and Carolyn S. Agnew, President and Secretary, respectively, of THE VILLA AVANTI ASSOCIATION, a California non-profit mutual benefit corporation, to be Ihe person .~ whose name s that they executed the same. are , known Io me subscribed Io lhe wilhin instrumenl and acknowledged FFICIAL SEAL ~ ", ,,~/~/--~-i:"t SFIAWNA H. WEAVER ~ ~' M,, c;mm. czp. Oct. ~6, ~9D3 WITNESS my hand and official seal. Nolary Public CERTIFICATE OF ACCEPTANCE This is to certify lhat the interest in real property conveyed by Ihe wilhin deed to Ihe COUNTY OF RIVERSIDE, a political corporation and/or governmental agency, is hereby accepted by order of the Board of Supervisors on Ihe date below and !he grantee consents Io the recordation thereof by its duly authorized officer. Date "EXHIBIT A" the real property in the City of TE~ECUI~ County of RIVERSIDE State of California, described as LOT 29 OF TRACT 21674-2, AS SHOGUN BY bt~P ON FILE IN BOOK 207 PAGES 50 THROUGH 54, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. THIS CONVEYANCE IS MADE AND ACCEPTED UPON AND SUBJECT TO EACH AND ALL OF THE COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES CONTAINED IN //HAT CERTAIN DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS EXECUTED BY b~SA HOMES, A CALIFORNIA CORPORATION, RECORDED ON AUGUST 2, 1989 AS INSTRUMENT NO. 259122, AND THAT CERTAIN DECLARATION OF ANNEXATION RECORDED ON JANUARY 29, 1990 AS INSTRUMENT NO. 35294, AND ANY AND ALL AMENDbg_INTS THEREAFTER, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIa, WHICH BY THIS REFERENCE ARE INCORPORATED HEREIN AS THOUGH FULLY SET FORTH HEREIN AT o ,ZOO' 'EXHIBIT "B" ~i~MLIlVITY ~ERVICE Z)!$TRI~T LANOSCAPE MAINTENANCE EASEMENT TRACT N~- 21674-2 /~'v. /~//~/8~ ~/-/EE T ! OF I ~ HEE T ITEM NO. 3 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: TEMECULA COMMUNITY SERVICE DISTRICT AGENDA REPORT City Manager/Board of Directors Mary Jane Henry, Finance Officer May 14, 1991 Balance Sheet as of March 31, 1991 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Nine Months Ended March 31, 1991 RECOMMENDATION: That the Board of Directors: Receive and file the Balance Sheet as of March 31, 1991 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Nine Months Ended March 31, 1991. DISCUSSION: Please see the attached financial statements for explanations regarding financial activity. ATTACHMENT: Balance Sheet as of March 31, 1991 Statement of Revenues, Expenditures and Changes in Fund Balance for the Nine Months Ended March 31, 1991. ILl 0 ~ ~- ~ 0 (D 0 o II m II ~'1 II ~ II · . II ~ II o II ~,1 II .,. II ~ II II II II I1 0 0 II m II m II m II ,,. II ,~ II o II ~'n II - 11 ,-.I II II II II II 0 0 ~ · .~ 0 ~ ~ 0 E~ -,~ E c) o~ ~0 0~0 ~0~ ee m m Q) m o Q) ,-4 Q) m Q) Q) Q) m ,-4 Q) m Q) Q) 0 0 m © c~ Q) 0 0 m ~ m ~ U 0 m U -,-4 -.4 U D~ ~0 0 ("4 t~ u'~ 0 0~0~00 0~~0 ~ 0~00 ~0~ ~ ~ O~ 0 ~00 0 0 -.4 0 0 0 0 t::: rd ~.1 ~ ~0 ~00 0~00~ ~0~ ~000 ~00~ ~00~ . o ~ ~ 0 4~ ID~4.J m -,4 0 q) q) · -,-4 .4 4J ~g~O ~)~ 0 0 m 0 = II 17~ II ~,O II ~ II -- II t'q II L,q II r~ II II II II ~1' II ~O II t'q II ',- II 0 II ~ II ,-I tl II II II II ~ It C~ II 0~ II ... II O0 II r.- II ~ II II II II .- 0 0 C 0 Z 0 w o w -,-I 0 w ~ w ~ 0 -,,.,I ~1 0 r~ o w ,...¢ 0 m 0 ~ m t.4 0 0 ~ ~ ~ ~.~ ~ 0 0 ~ ~ O~ ~ 0 0 ~-~ ~ ~ 0 ~ · w 0 ~ · ~ 0 ~ 0 ~ ~ ~ 0 · 0 ~ ~ 0 · ~ 0 ~ · ~ 0 ~ ~ ~ ~ · 0 ~ 0 · ~ · ~ 0 ~ 0 0 0 0 ~ * 0 .~ ~ 0 ,-.4 m ~- 0 ,-4 0 0 m *r~ 0 0 ITEM NO. 4 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER ~$~ CITY OF TEMECULA AGENDA REPORT TO: BOARD OF DIRECTORS FROM: DAVID F. DIXON DATE: MAY 14, 1991 SUBJECT: TEMECULA COMMUNITY SERVICES DISTRICT CAPITAL IMPROVEMENT PLAN - FY 1991-92 PREPARED BY: SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR RECOMMENDATION: That the Board of Directors: Discuss and if desired, approve a Parks and Recreation Capital Improvement Plan (CIP) for FY 1991-92. FISCAL IMPACT: $6,629,300.00. Total estimated costs for the CIP including financing is DISCUSSION: The Temecula Community Services District (TCSD) is in the process of formulating a Parks and Recreation Master Plan to address the future parks, recreation and facility needs for the next twenty (20) years in the City of Temecula. It is estimated that the master plan will be completed the first part of calendar year 1992. With FY 1991-92 beginning July 1, staff developed three (3) possible capital improvement options for Board consideration on May 7, 1991. After receiving direction from the Board of Directors, staff has attempted to develop a CIP that will address the desires of the Board. The CIP consists of the construction of the Community Recreation Center (CRC); acquisition of land, and development of additional parking at Sports Park. The CIP includes a reserve fund, issuance costs, capitalized interest, and operation and maintenance costs. Acquisition of land can be purchased with the $2 million from the Mello Roos Community Facilities District. Enclosed are copies of the development and financing costs, the financing plan, and the estimated assessments associated with the ClP. All costs are staff's estimate of the costs of design and construction. These costs are not based on firm construction estimates nor are they based on an architect's conceptual drawings or plans. The CIP is provided for discussion and review by the Board of Directors. The CIP may be revised, consolidated, or other alternative projects may be substituted at the pleasure of the Board. TEM£CULA COMMUNITY SERVICES DISTRICT FY 1991-92 1. Proposed Capital Improvement Plan. A. Development of the CRC B. Land Acquisition C. Sports Park Parking $3,400,000.00 2,000,000.00* 500,000.00 Sub Total 5,900,000.00 Issuance (4%) Capitalized Interest Reserve Fund 156,000.00 183,300.00 390,000.00 TOTAL ~6,629,300. O0 * $2 million from Mello-Roos CFD to be used for land acquisition. TEMECULA COMMUNITY SERVICES DISTRICT FINANCING PLAN Financing Estimated Project Cost Estimated Financing Cost Sub Total Less Mello Roos TOTAL Estimated Annual Debt Service Estimated Operation & Maintenance TOTAL ANNUAL COSTS $5,900,000.00 729,300.00 6,629,300.00 (2,000,000.00) 4,629,300.00 403,954.00 104,000.00 507,954.00 TEMECULA COMMUNITY SERVICES DISTRICT ESTIM, Zi TED .4SSESSMENT CAL CULA TIONS FY 1991-92 Land Use FY 1990-91 FY 1991-92 Single Family 33.40 44.22 Multi-Family 25.05 33.17 Vacant Residential 66.80* 88.44* Agricultural 16.70* 22.11 * Commercial Imprv. 200.40* 265.32* Commercial Vacant 133.60* 176.88* * Per Acre. TEMECULA REDEVELOPMENT AGENCY AGENDA ITEM NO. 1 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council City Manager November 27, 1990 Election of RDA Chairperson PREPARED BY: June S. Greek, City Clerk RECOMMENDATION: calendar year 1991. Conduct election of Chairperson to preside until the end of BACKGROUND: The City's Ordinance No. 91-14, which activates the Redevelopment Agency and designates the City Council as the Agency does not provide for the term of office of the Chairperson. The staff therefore recommends that the term of office be concurrent with that of the Mayor and the President of the Temecula Community Services District. JSG ITEM NO. 2 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council City Manager November 27, 1990 Election of RDA Vice Chairperson PREPARED BY: June S. Greek, City Clerk RECOMMENDATION: of calendar year 1991. Conduct election of Vice Chairperson to preside until the end BACKGROUND: The City's Ordinance No. 91-14, which activates the Redevelopment Agency and designates the City Council as the Agency does not provide for the term of office of the Chairperson and Vice Chairperson. The staff therefore recommends that the terms of office be concurrent with that of the Mayor and the President of the Temecula Community Services District. JSG ITEM NO. 3 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY HELD APRIL 23, 1991 A regular meeting of the Temecula Redevelopment Agency was called to order at 11:20 PM. PRESENT: ABSENT: 4 DIRECTORS: Lindemans, Moore, Mu~oz, Parks 1 DIRECTORS: Birdsall Also present were City Manger David F. Dixon, City Attorney Scott F. Field and Susan W. Jones, Acting Deputy City Clerk. PUBLIC COMMENTS None given. AGENCY BUSINESS 1. Pass-through A.qreement with County of Riverside It was moved by Councilmember Moore, seconded by Councilmember Lindemans to continue this item to the meeting of May 7, 1991. The motion was unanimously carried with Director Birdsall absent. CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT None given. DIRECTORS REPORTS None given. ADJOURNMENT The meeting was adjourned at 11:21 PM. ATTEST: June S. Greek, City Clerk Ronald J. Parks, Mayor ITEM NO. 4 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Redevelopment Agency Members Executive Director May 14, 1991 Ordinance setting time, date and location of the RDA meetings. PREPARED B~ Redevelopment Agency Secretary June S. Greek RECOMMENDATION: Adopt an urgency ordinance entitled: RDA ORDINANCE NO. 91- AN ORDINANCE OF THE REDEVELOPMENT AGENCY OF TEMECULA SETTING THE TIME, DATE AND L OCA TION OF REDEVELOPMENT AGENCY MEETINGS AND DECLARING THE URGENCY THEREOF BACKGROUND: The proposed ordinance is a routine action for setting up the regular meetings of the Redevelopment Agency. From time to time, ordinances of this sort will be required as "housekeeping" for the Agency. JSG RDA ORDINANCE NO. 91- AN ORDINANCE OF THE REDEVELOPMENT AGENCY OF TEMECULA SETTING THE TIME, DATE AND LOCATION OF REDEVELOPMENT AGENCY MEETINGS AND DECLARING THE URGENCY THEREOF THE REDEVELOPMENT AGENCY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Meetings. A. Regular meetings of the Redevelopment Agency of Temecula shall be held on the second and fourth Tuesday of each month. B. The Redevelopment Agency may, by resolution, designate another date, time and location for a meeting. SECTION 2. Time and Place A. Regular meetings shall commence immediately after the adjournment of the regular meeting of the City Council of the City of Temecula. B. Regular meetings shall be conducted at the Temecula Community Center, temporarily housed at 27475 Commerce Center Drive, Temecula, California. If a regular meeting falls on a holiday, the regular meeting shall be held on the next business day (Government Code Section 36808.) SECTION 3. The City Council of the City of Temecula adopted Ordinance No. 91-14 declaring and designating the City Council of the City of Temecula as the Redevelopment Agency on the 9th day of April, 1991 and declared the urgency thereof. Since the City Council acting as the Redevelopment Agency desires to assume the duties of the Agency immediately for the purpose of guiding the operation of the Agency in its task of protecting the health, safety and welfare of the citizens, the Agency finds and determines that the adoption of the Ordinance as an Urgency Ordinance is necessary. SECTION 4. This Ordinance shall take effect immediately upon its adoption. The Secretary of the Redevelopment Agency shall certify to the adoption of this Ordinance and cause it to be posted in the three designated posting places for the City of Temecula. 2/Orda/RDAO 1 1 SECTION 5. The Secretary of the Redevelopment Agency shall certify to the adoption of this Ordinance and cause the same to be posted in the manner prescribed by law. PASSED, APPROVED AND ADOPTED this 14th day May, 1991. , Chairperson ATTEST: June S. Greek, Secretary [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA ) SS I, JUNE S. GREEK, Secretary of the Redevelopment Agency of Temecula, HEREBY DO CERTIFY that the foregoing Ordinance No. RDA 91- was duly adopted at a regular meeting of the Redevelopment Agency of Temecula on the 14th day of May, 1991, by the following roll call vote. AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSENT AGENCY MEMBERS: June S. Greek, Redevelopment Agency Secretary 2/Ord~/RDAO 1 2 ITEM NO. 5 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECUI. A AGENDA REPORT Redevelopment Agency Executive Director May 14, 1991 Pass-through Agreement with the County of Riverside PREPARED BY: June S. Greek, Redevelopment Agency Secretary RECOMMENDATION: Approve the agreement entitled "Agreement between the Redevelopment Agency o~ the County of Riverside, County of Riverside Asset Leasing Corporation, the City of Temecula and the Redevelopmew~t Agency of the City of Temecula, for reimbursement and distribution of tax increment funds from the Temecula Redevelopment Project", in substantially the form presented, subject to approval as to form by the Executive Director and the General Counsel. BACKGROUND: The staff will finalize the staff report on this item and forward it to you under separate cover. JSG