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Home My WebLink About111390 CC AgendaAGENDA CALL TO ORDER: Invocation Flag Salute ROLL CALL: PRESENTATIONS/ PROCLAMATIONS TEMECULA CITY COUNCIL A REGULAR MEETING TEMECULA COMMUNITY CENTER NOVEMBER 13, 1990 - 6:30 PM Next in Order: Ordinance: No. 90-21 Resolution: No. 90-108 Marry Edwards Lamb's Fellowship Councilmember Mu~oz Birdsa'll, Lindemans, Moore, Mu~oz, Parks Proclamation-- Shop Temecula First Campaign Certificate of AppreCiation to Great Temecula Tractor Race Chairman Buck Kemmis PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council about an item nO1; listed on the Agenda, a pink "Request To Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name and address. 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. 2/egerd~/111390 1 11/08/90 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 Standard Ordinance Adoption Procedure RECOMMENDATION 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 3 Minutes RECOMMENDATION: 2.1 Approve the minutes of October 16, 1990, as mailed. Claim for Damages - Billy Bell. Sr.. vs City of Temecula RECOMMENDATION: 3.1 Deny the claim for damages. 4 Claim for Damages - Larry Millikin vs The City of Temecula RECOMMENDATION: 4.1 Deny the claim for damages. 21ageride/111390 2 11/08/90 5 Claim for Damages - Brian Millikin vs The City of Temecula RECOMMENDATION: 5.1 Deny the claim for damages. 6 7 8 Claim for Damages - Bruce Millikin vs The Citv of Temecula RECOMMENDATION: 6.1 Deny the claim for damages. Claim for Damages - Jeff Millikin vs The City of Temecula RECOMMENDATION: 7.1 Deny the claim for damages. Acceptance of Substitute Bonds for Storm Drain Facilities in Tract 23371 and Authorization of Release of Bonds on File. RECOMMENDATION: 8.1 Accept Substitute Bonds for Storm Drain Improvements 8.2 Authorize the City Clerk to release existing bonds on file. 9 Resolution Approving Payment of Demands RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 90- A RESOLUTION OF TIlE CITY COUNCIL OF TIlE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 21egef~da/111390 3 11/08/90 10 Second Reading of Ordinance Permitting Zone Change 5714 RECOMMENDATION: 10.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 90-21 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. 57 14, CHANGING THE ZONE FROM M-SC (MANUFACTURING-SERVICE COMMERCIAL) TO C-P-$ (SCENIC HIGHWAY COMMERCIAL) ON PROPERTY L OCA TED ON THE NORTHWEST CORNER OF WINCHESTER ROAD AND JEFFERSON AVENUE JEFFERSON AVENUE AND WINCHESTER ROAD 11 Third Partv Cooperative Flood Control Agreement for Parcel Map No. 23496 RECOMMENDATION: 11.1 Approve the Cooperative Flood Control Agreement for. Parcel Map No. 23496 .and authorize the Mayor to' sign to agreement. 12 Plot Plan 11609- Bed and Lounge Furniture Showroom and Retail Center RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 90- A RESOLUTION OF THE CITY OF TEMECULA APPROVING PLOT PLAN NO. 11609 TO CONSTRUCT AN 18,453 SQUARE FOOT RETAIL AND FURNITURE SHOWROOM COMMERCIAL CENTER 21Klenda/111390 4 11/08,'90 Attendance at National League of Cities Meeting - Councilmember Mu~oz RECOMMENDATION: 13.1 Approve the participation of Councilmember Sal Mu~oz at the National League of Cities Conference to be held in Houston, Texas from December I through December 5, 1990. CSD MEETING - (To be held at ~00 PM) Please see separate agenda PUBLIC HEARINGS 14 Zone Change 5611. Vesting Tentative Tract Map No. 25004 Northeast corner of Seraphina Road and Rita Way. RECOMMENDATION: 14.1 Adopt Negative Declaration 14.2 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 90- '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. 5611, CHANGING THE ZONE FROM R-R (RURAL RESIDENTIAL) TO R-1 (SINGLE FAMILY RESIDENTIAL) ON PROPERTY LOCA TED ON THE NORTHEAST CORNER OF SERAPHINA ROAD AND RITA WAY 14.3 Adopt a resolution entitled: RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING VESTING TENTATIVE TRACT MAP NO. 25004 TO SUBDIVIDE A 59 ACRE PARCEL INTO A 135 UNIT SINGLE FAMILY SUBDIVISION A T THE NORTHEAST CORNER OF SERAPHINA ROAD AND RITA WAY 2legendal l 11390 6 11108190 15 Adult Business Ordinance RECOMMENDATION; 15.1 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 90- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA RELATING TO ADULT BUSINESSES AND REQUIRING A PERMIT THEREFOR COUNCIL BUSINESS 16 Resolution Supporting EMWD that the City General Plan Comply with Air Quality Reouirements RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. '90-. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA WITH RESPECT TO THE ADOPTION OF THE TEMECULA GENERAL PLAN 17 Used Oil Recycling RECOMMENDATION: 17.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO 90- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REGARDING OIL RECYCLING. 2/aOefldN'l 11390 6 11/08/90 18 Conditional Use Permit 3046- Arco Mini-mart RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CONDITIONAL USE PERMIT NO. 3046 TO PERMIT OPERATION OF AN EXISTING GAS STATION AND MINI-MART AT JEFFERSON AVENUE AND WINCHESTER ROAD 19 City Hall Lease Agreement RECOMMENDATION: 19.1 Authorize the Mayor to execute the lease for City Hall located at 43172 Business Park Drive. 19.2 Authorize the City Manager to approve a Tenant Improvement Budget, not to exceed-$405,000. 20 Assessment District 159 - Utility Agreement - Rancho Villages RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO. 90- A RESOI,UTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPRO VING A CERTAIN UTILITY AGREEMENT BY AND BETWEEN THE CITY OF TEMECUI. A AND THE COUNTY OF RIVERSIDE REGARDING ASSESSMENT DISTRICT NO. 159. 2lagerda/111390 7 11/06/90 21 22 Traffic Signals - Target Shol;)l;)ing Center RECOMMENDATION: 21,1 Continue to the meeting of November 27, 1990. Holiday Dinner - Volunteer Committees and Commissions Discussion led by Councilmember Lindemans. CITY MANAGER REPORT CITY ATTORNEY REPORT CITY COUNCIL REPORTS ADJOURNMENT Next regular meeting: November 27, 1990, 7:00 PM, Temecula Community Center, 28816 Pujo/Street, Temecula, California 21agerid.e/111390 8 11/08/90 City of Temecula Certificate of Appreciation In appreciation and gmatude from the City Council on behalf of the citt):ens of the City of Temecula Presented to: Buck Kemmis For his outstanding contribution to the success of the Great Temecula Tractor Race, serving as Chairman for this event in 1989 and in 1990. WITNESS WHEJ~OF, l have hereunto offixed my hand and official seal this day of , 19 Mayor City Clerk Proclamation The City of Temecula WHEREAS, Temecula businesses rely heavily on the community for their livelihood; and WHEREAS, the City deserves the tax revenues on sales of products and services which could be used for traffic control and police protection for our citizens; and WHEREAS, the Shop Temecula First campaign would serve to encourage shopping locally for goods and services during the holiday shopping period of November 23 through December 24; and WHEREAS, in the past year, the City has grown, adding several major shopping centers, over 300 new service businesses and other convenient shopping avenues for citizens, NOW, THEREFORE, I, Ronald J. Parks, Mayor 0fthe City of Temecula, recognizing the benefits to citizens and businesses of shopping locally, do hereby proclaim November 23 'through December 24, a month long campaign encouraging citizens and businesses in Temecula to: SHOP TEMECULA FIRST IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this 13th day of November, 1990. Ronald J. Parks Mayor June S. Greek Deputy City Clerk ITEM NO. 1 ITEM NO. 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD OCTOBER 16, 1990 An adjourned regular meeting of the Temecula City Council was called to order at 7:05 PM at the Temecula Community Center, 28816 Pujol, Temecula, California. Mayor Ron Parks presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager David F. Dixon, City Attorney Scott F. Field, and Recording Secretary Susan W. Jones. INVOCATION The invocation was given by Pastor Tim Riter, Rancho Christian Church. PLEDGE OF ALLEGIANCE The audience was led in the Pledge 0f Allegiance by Councilmember Lindemans. PRESENTATIONS/ PROCLAMATIONS Mayor Parks proclaimed October 21 st through 27th as "National Business Women's Week". PUBLIC COMMENTS John Dedovesch, 39450 Long Ridge Road, asked why the problem of illegal balloons had not been resolved in the City, stating the example of the "Spa Guy". He also requested that the City install speed signs on Rancho California, Jefferson and Ynez Roads. Councilmember Lindemans stated the "Spa Guy" has been contacted several times and would not voluntarily cooperate, stating the City would need to take legal action to get the balloon removed. John Moramarco, P.O. Box 906, requested that developers be made aware of erosion problems that can occur during the rainy season. He stated that some cities have an ordinance which restricts disturbing the soil after October 21st. Hinutes\10\16\90 -1- 11/08/90 City Council Minutes October 16, 1990 Mayor Parks asked if erosion control plans are a part of the grading plans. Doug Stewart, Deputy City Engineer answered that erosion control is required for any slopes that are barren between October 15th and April 1 st. Councilmember Mu~oz stated he received a request from the organizers of the Veterans Day Parade to solicit as many volunteers as possible. He said if anyone is interested they should contact Ralph Jagman at 672-2351. CONSENT CALENDAR Councilmember Lindemans requested that Item No. 5 be removed from the Consent Calendar. Mayor Parks stated he would be abstain from this vote. Councilmember Moore requested the removal of Agenda Item No. 7. Councilmember Mu~oz requested the removal of Agenda Item No. 6. It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to approve Consent Calendar Items 1, 2, 3, 4, 8 and 9 as follows: 1. Standard Ordinance Adoption Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolution included in the agenda. 2. Plot Plan Nos. 5 and 6- Rancho California Partners 2.1 Receive and file. Plot Plan No. 11622 - Spectrum Contracting 3.1 Receive and file. Plot Plan No. 11759 - Ability Cabinets 4.1 Receive and file. Plot Plan No. 11688, Tentative Parcel Ma/3 No. 25632 - Centerpoint Industrial Park 8.1 Receive and file. Minutes\10\16\90 -2- 11/08/90 City Council Minutes October 16, 1990 Aqency Agreement/California Endangered Species Permit 9.1 Approve amended agreement and authorize Mayor to execute. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 ABSENT: 0 COUNCILMEMBERS: None COUNCILMEMBERS: None Tentative Parcel Map No. 25538 - Paine Mayor Parks announced he would be abstaining from this vote and turned the meeting over to Mayor Pro Tern Lindemans. Councilmember Lindemans stated that the staff report indicates there is a Quimby Fee charge. He asked if this is in error since this map contains only two lots. Gary Thornhill, Planning Director, stated he recommends the fees be deleted, Councilmember Mu~oz asked about the legality of subdividing one parcel under a tract map. Gary Thornhill stated the issue of "four by fouring", (where there is an underlying approved tentative map and someone involved in the prior approval of that map is now involved in the resubdivision of the map in question), was resolved by John Cavanaugh, City Attorney, who concluded there was no violation of the Subdivision Map Act if the person had no prior interest. Hinutes\10\16\90 -3- 11/08/90 City Council Minutes October 16, 1990 Councilmember Birdsall moved, Councilmember Moore seconded a motion to receive and file Tentative Parcel Map No. 25538 as amended, removing the Quimby requirements. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: I COUNCILMEMBERS: Parks Variance No. 2 - Palm Plaza Signs Councilmember Mu~oz asked for an explanation of the variance on this item. Gary Thornhill answered the variance is to allow the applicant additional free standing signs that are not otherwise permitted. He explained in this case the parcel size is very large and the signs will be reduced in size, therefore staff feels the variance is warranted. It was moved by C6uncilmember Moore, seconded by Councilmember Mufioz is receive and file Variance No. 2. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Hinutes\10\16\90 -4- 11/08/90 - City Council Minutes October 16, 1990 7. Plot Plan No. 4 1 - Rosies Cantina Councilmember Moore stated her concern with a plot plan for an eating and drinking establishment that lacks restroom facilities. Gary Thornhill explained that the Health Department regulates whether or not businesses should have restroom facilities. He said he agrees that this type establishment should have some facilities in the immediate vicinity. He said according to the applicant, he has the use of the existing facilities in the adjacent building. City Attorney Field stated that if conditions are to be changed, the item must be set for public hearing so all interested parties can have the opportunity to be represented. Councilmember Lindemans said he has a concern there is not adequate parking available. Michael Shesing, 5610 Halifax Road, Arcadia stated there are 48 parking places behind the building. He said there are many other facilities in Old Town that do not have any parking. He also stated he has agreed to open the parking on weekends and holidays to the general public. Regarding the restroom facilities, Mr. Shesing explained the restaurant is approximately 190 feet from the restrooms, which would not pose a great inconvenience to patrons. He stated the restaurant is approximately 1,200 square feet and providing a restroom would greatly impact seating capacity making it impossible to continue with the project. Mr. Shesing stated the Health Department has approved this plan as well as the City's Planning Commission. Councilmember Birdsall stated she felt there should be give and take in any situation and if the applicant is willing to open his parking lot to general use on the weekends, this would be a valuable contribution to Old Town. City Manager Dixon stated a factor of key importance, if restroom facilities are not on site, would be adequate signage making the public aware of the location of available facilities. M i nutes\10\16\90 -5- 11/08/90 City Council Minutes October 16, 1990 Councilmember Birdsall moved, Councilmember Lindemans seconded a motion to receive and file Plot Plan No. 41. The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Lindemans, Parks NOES: 2 COUNCILMEMBERS: Moore, Mu~oz ABSENT: 0 COUNCILMEMBERS: None COUNCIL BUSINESS 10. Personnel Policies and Procedures City Manager Dixon reported this resolution deals with the implementation of personnel rules. He stated over the past several months Council has been approving several pieces of the program, and this resolution will bind everything together. He added the City Attorney has two items that need to be included. Councilmember Mu~oz asked if the comprehensive annual leave provisions on Page 33, had been adjusted per prior Council-direction. Mr. DixOn answered that these are the new numbers. He also asked if Jury Duty leave should be changed in all places to 30 days with pay, instead of 90 days. Mr. Dixon answered that this number should have been changed in both areas, and anything over 30 days would require a leave of absence without pay. Councilmember Mu~oz asked why an employee who does not meet expectations at the time of review would be eligible for a 0 to 1/2 step raise. He suggested no increase be given to an employee who does not meet expectations. City Manager Dixon agreed that the 1/2 step should be deleted and no increase given for an employee who does not meet expectations. City Attorney Field reported that certain items listed in the staff report of a financial nature were not included in the resolution. In Section 1, the following should be added: Temporary Upgrade, Comprehensive Annual Leave, Holidays, Jury Duty, Overtime and Wage Administration. Hinutes\10\16\90 -6- 11/08/90 City Council Minutes October 16o 1990 It was moved by Councilmember Birdsall, seconded by Councilmember Mu~oz to adopt a resolution including the minor modifications made by the City Attorney and including modifications in personnel policies relative to jury duty allowed at 30 days with pay, and deleting the 1/2 step merit increase for an employee who does not meet expectations. The resolution is entitled: RESOLUTION NO. 90-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING FOR THE ESTABLISHMENT OF PERSONNEL RULES AND POLICIES The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 11. Overweight Vehicle Ordinance City Attorney Field reported this is an overweight vehicle ordinance. He stated the vehicle code permits the City to prohibit the use of a street by vehicles exceeding a maximum gross weight limit as established by the City. He explained the ordinance before Council will add a chapter to the City Code establishing truck weight restrictions. The street Calle Medusa from La Serena to Nicholas Road has been added to this ordinance. He stated there is a report from the Sheriff indicating that a safety hazard exists if commercial vehicles are allowed to use the street. He made one correction stating the original ordinance specified the limit of 10,000 Ibs, and this should be reduced to 6,000 Ibs. Captain Rick Sayre reported that when first considered, staff thought 10,000 Ibs. to cover large semi-trucks would be sufficient. After consulting with the City Manager, who recommended that a 6,000 Ibs. limitation is more appropriate for a residential street, he recommends the ordinance be modified to a 6,000 weight restriction. Hinutes\10\16\90 -7- 11/08/90 City Council Minutes October 160 1990 Mayor Parks asked if delivery trucks would also be prohibited. City Attorney Field stated that all delivery trucks such as a moving van regardless of their weight, are allowed. Councilmember Birdsall asked if a resident owned a 3/4 ton truck in this area, would there be a problem with parking? Captain Sayre stated this ordinance is designed to address cut-through traffic. Councilmember Mu~oz moved, Councilmember Moore seconded a motion to read by title only and waive further reading. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: ABSENT: 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None It was moved by Councilmember Mu~oz, seconded by Councilmember Moore to introduce Ordinance No. 90-20 with the modification in weight restrictions to be anything over 6,000 pounds, as follows: ORDINANCE NO. 90-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECUI, A ADDING CHAPTER 12.06 TO THE TEMECUI, A MUNICIPAL CODE ESTABLISHING VEHICLE WEIGHT RESTRICTIONS ON PUBLIC STREETS The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Councilmember Mu~oz requested that Item Number 13 be discussed out of order. Having no objections, Mayor Parks moved to Agenda Item No. 13. Hinutes\10\16\90 -8- 11/08/90 City Council Minutes October 16, 1990 13. Calle Medusa Traffic Study City Manager Dixon reported this is a traffic study of Calle Medusa and the City Engineer is present to answer any questions. Tim Serlett, City Engineer, reported that in preparing this report, any potential closure and the effects it would cause are covered in the report. He stated that even after the completion of Butterfield Stage Road which will provide a more direct link, Calle Medusa will still generate approximately 2,000 cars a day from the adjacent developments. He stated if Calle Medusa were closed at either end, it would generate more traffic on an already overburdened system, both on Rancho California Road and Ynez. Councilmember Lindemans stated that he has received letters from residents on Nicholas Road who are taking Calle Medusa instead of Ynez to Rancho California Road, because of the dangerous traffic intersections. He stated until this intersection is improved, with possible "bandaid funds" approved earlier, he is not in favor of sending school buses and residents through this traffic. He recommended having the Traffic Commission evaluate this situation. Tim Serlett updated the Nicholas and Winchester Road situation, stating Caltrans iS reviewing the plans now. He reported the bid specs are in the process of being prepared. In discussion with Ranpac, Mr. Serlett reported ultimate approval is estimated at three months. The bandaid construction could be under construction by the 1 st of December. Councilmember Mu~oz stated he considers the closure of any street a significant move, and asked if the surrounding neighborhood could be polled as to their reaction. City Manager Dixon recommended referring this to the Traffic Commission. He stated he would hope they will take as much time and as much public testimony as possible. The Traffic Commission's recommendation would then come before the City Council and it is to close a portion of the street, a public hearing would be held. He stated all residents who would be impacted by such a decision should be informed so that they may attend. Minutes\10\16\90 -9- 11/08/90 City Council Minutes October 16, 1990 Councilmember Birdsall moved, Councilmember Moore seconded a motion to refer the Calle Medusa Traffic Study to the Traffic Commission for review and public hearing. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks None None NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: RECESS Mayor Parks called a recess at 8:10 PM. The meeting was reconvened at 8:25 PM. 12. Public Forum Meeting Discussion City Manager Dixon reported it was suggested at the last council meeting to move the Public Forum from the first Tuesday. of the month to the second Tuesday when the Council Meeting is televised. Mr. Dixon stated the reason this segment was originally set for the first Tuesday is because the meeting is generally lighter and more time could be set aside. He said if the Council would like to try it on the second Tuesday, staff will schedule it accordingly. Sydney Vernon, 30268 Mersey Ct., stated he felt all Council Meetings should be televised. He also objected to the rule that no request to speak forms can be turned in after the agenda item has begun, stating many times the public is really not aware of the issue until it has begun. He also stated the agenda could be clearer as to the content of the items. Councilmember Lindemans stated he felt that public input is extremely important and would be in favor of changing the public forum meeting to the second Tuesday of the month. He said he did not feel there is anything wrong with public input after an agenda item has begun. M i nutes\ 10\16\90 - 10 - 11/08/90 City Council Minutes October 16, 1990 14. Mayor Parks stated he did not have a problem with switching to the second Tuesday, but due to the amount of business requiring action, requested that it be limited to 30 minutes instead of 45 minutes. Councilmember Birdsall suggested this be done on a trial basis, and if the agendas are too lengthy on the second Tuesday of the month, perhaps the first Tuesday could also be televised. Councilmember Mu~oz requested that if possible agenda items could be made clearer so the public would have a better idea as to the content. Mayor Parks stated that a complete agenda packet is available to all interested parties for their review at City Hall. It was moved by Councilmember Lindemans, seconded by Councilmember Mu~oz to move the Public Forum segment to the second Tuesday of the month, and to limit it to 30 minutes. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Measure "A" Funds Discussion Mayor Parks reported he requested this item be placed on the agenda to discuss the WRCOG Meeting he attended last month. Western Regional Coalition of Government is the agency who determines how "Measure A" funds are spent in Riverside County. He stated there is a proposal to use "Measure A" funds for the construction of a toll road from Riverside to Orange County. WRCOG would like an indication from the Council to see whether the City of Temecula wanted to use the funds in this manner. He explained that they are proposing a loan of "Measure A" funds to a developer who would build a toll road, and the funds will eventually be repaid. There is a question whether this constitutes double taxation. Mayor Parks requested direction from the Council on how he should vote on this item. Councilmember Mu~oz stated he agrees this seems to be double taxation. Mayor Parks stated the argument in support is that this road could be built much faster than going through normal channels. Hi nutes\10\16\90 - 11 - 11/08/90 City Council Minutes October 16, 1990 Councilmember Lindemans stated that there are specific projects which the money is to be used for. Mayor Parks stated that there are also discretionary funds which can be allocated. The agency is taking the position that allocating discretionary funds to areas that would benefit the County, bringing in more jobs or services to the communities, fixing major traffic problems. City Manager Dixon stated when there is clearly a benefit to a private developer that developer should pay his own way. He said if the project is not financially feasible it should not be undertaken. He stated when a project is for the purpose of profit, it should be closely scrutinized and perhaps the use of public funds is not appropriate. Councilmember Lindemans stated he felt the City should work toward obtaining funds to get the Date Street Overpass, and is in favor of keeping public funds within the City if at all possible. He also stated the City of Temecula should go after a regional shopping center, make the necessary improvements and not let this go to Murrieta. City Manager Dixon stated that Tim Serlett has been working very hard on the overcrossing and asked him to given an update. Mr. Serlett stated the Date Street overcrossing is being pursued through the Job Development Funds that are available from "Measure A". The RTCT is developing criteria by which these projects are ranked and at the last meeting he attended, the Date Street interchange was ranked Number 3 on a list of about 12 projects. Mayor Parks asked if it would be preferable to push the Date Street project over Murrieta Hot Springs Overpass. Tim Serlett answered he would be in favor of this. Mayor Parks said he believes he understands the direction of the Council and will vote accordingly. CITY MANAGER REPORTS None given. CITY ATTORNEY REPORTS None given. Minutes\10\16\90 -12- 11/08/90 City Council Minutes October 16, 1990 CITY COUNCIL REPORTS Councilmember Birdsall asked that the meeting place for November 6, 1990 be confirmed because of an election day conflict. Councilmember Lindemans stated he will be attending a 3-day tour with the Water District and requested time be reserved on the agenda so he can report his findings to Council. ADJOURNMENT It was moved by Councilmember Moore, seconded by Councilmember Lindemans to adjourn at 9:00 PM to the meeting of October 30, 1990 at the Temecula Community Center, at 7:00 PM. ATTEST: Ronald J. Parks, Mayor June' S. Greek, Deputy City Clerk Hinutes\l 0\16\90 - 13- 11/08/90 ITEM NO. 3 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Deputy City Clerk September 25, 1990 Claim for Damages - Billy Bell, Sr. RECOMMENDATION: Deny the Claim for Damages BACKGROUND: This claim was reviewed by the City's Liability Insurance Carrier who recommends the City Council deny the Claim of Billy Bell, Sr.. 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROBINSON & PHILLIPS 26722 Plaza Street, Suite 230 P.O. Box 9010 Mission VieJo, CA 92690-7010 (714) 582-6901 Attorneys for Plaintiffs SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF RIVERSIDE IN THE MATTER OF THE CLAIM OF: BILLY BELL, SR., AGAINST: STATE OF CALIFORNIA; DEPARTMENT OF TRANSPORTATION OF THE STATE OF CALIFORNIA (CALTRANS); COUNTY OF RIVERSIDE; and CITY OF TEMECULA .) CLAIM FOR DAMAGES TO GOVERNMENTAL/PUBLIC ENTITY PURSUANT TO GOVERNMENT CODE SECTION 910, Et Seq. TO: STATE OF CALIFORNIA; DEPARTMENT OF TRANSPORTATION OF THE STATE OF CALIFORNIA (CALTRANS) BOARD OF CONTROL P.O. Box 3035 Sacramento, California 95812-3035 COUNTY OF RIVERSIDE CLERK OF THE BOARD 4080 Lemon Street, 14th Floor Riverside, California 92501 CITY OF TEMECULA CITY CLERK 43172 Business Park Drive P.O. Box 3000 Temecula, California 92390 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BIT.T.Y BELL, SR., hereby makes claim against the STATE OF CALIFORNIA; DEPARTMENT OF TRANSPORTATION OF THE STATE OF CALIFORNIA (CALTRANS); the COUNTY OF RIVERSIDE; and the CITY OF TEMECULA, for wrongful death damages and makes the following statements in support of his claim: 1. Claimant currently resides at 30925 Nicolas Road, Temecula, California 92390. 2. All notices or other communications with regard to this claim should be sent to Kevin F. Calcagnie of ROBINSON & PHILLIPS, 26722 Plaza Street, Suite 230, Mission VieJo, California 92690. 3. The date and place giving rise to this claim are: May 25, 1990, at approximately 5:00 p.m., on SR-79 north (Winchester Road), 800 feet sou~h of 79RNR400 at the inter- section of Nicholas Road in Riverside County. 4. The circumstances giving rise to this action are as follows: Claimant suffered the loss of his wife, Natalie Bell, who sustained fatal injuries in a traffic collision as a proximate result of the existence of dangerous conditions of property owned, designed, constructed, maintained and repaired by the aforementioned governmental/public entities. Claimant contends that the governmental/public en- tities, and each of them, created the dangerous conditions of property further described herein. It is claimant's contention that dangerous conditions existed at the subject location, and that the governmental/public entities had actual and constructive notice of same. Said 1 2 3 5 6 ? 8 9 10 11 12 13 15 16 17 20 21 22 23 2~ 25 2~ 27 2~ dangerous conditions include, but are not limited to, the follow- ing= A. The absence of any advance warning of the aforemen- tioned intersection including, but not limited to, warning signs, markers, flashing warning lights, or other traffic control devices to warn of the presence of the intersection, and the fact that vehicles would be stopping, changing speed, turning, or changing lanes. B. The absence of any or sufficient recovery space on either side of the subject roadway to accommodate vehicles attempting to avoid stopped, out of control or errant vehicles obstructing their paths. C. The absence of a turn lane, turn pocket or median to allow vehicles to turn left safely without obstructing the flow of through traffic. D. The absence of sufficient roadway width to safely ac- commodate the volume, direction, movement, and flow of traffic using the roadway on a daily basis. E. The absence of any or adequate median barriers to protect vehicles from errant traffic crossing over and traveling in an opposing direction. F. The absence of adequate or any roadway markings, con- trols, signs or lighting to enable drivers to maintain safe speeds and remain in appropriate travel lanes. G. A posted speed limit in excess of a safe speed for the daily traffic volume and for negotiation of the roadway at said location. I H. The subject roadway was curved, banked, sloped, 2 designed, constructed and maintained in such a manner 3 as to cause vehicles to leave the appropriate travel 4 lanes. 5 I. The roadway and adjacent property were designed, con- 6 structed, and maintained in such a manner as to 7 obstruct the vision of drivers, thereby interfering 8 with the safe operation of vehicles. 9 J. The existence of debris and other material on and ad- 10 Jacent ot the subject roadway which obstructed the vi- 11 sion of motorists and interfered with the normal flow 12 of traffic and the safe operation of motor vehicles. 13 K. The condition of the adjacent hillside/slope and/or 14 roadway allowed dirt and other debris to encroach upon 15 the highway, exposing motorists to injury. 16' L. The roadway was improperly surfaced, striped; con- 17 toured~ signed, regulated, monitored, signalled, 18 and controlled by Defendants' employees, thereby 19 interfering with the safe operation of motor vehicles. 20 M. The absence of any or adequate warnings of the 21 aforementioned conditions and other hazards to 22 motorists on the roadway. 23 5. At all times herein mentioned, the governmental en- 24 titles, and each of them, were responsible for the planning, 25 design, supervision, control, construction, servicing, manage- 26 ment, inspection, operation, signing, striping, maintenance, 27 repair, traffic control, and other activities related to the o 28 roadway where the subject accident occurred, including, but not 4 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 limited to, property adjacent to the subject roadway which directly affected the amount, type and direction of traffic on the subject roadway. 6. That at said time and place, the government entities by and through their employees, agents, servants, and independent contractors, proximately caused the injuries and damages as hereafter mentioned to claimant by negligently, wantonly, reck- lessly, tortiously, wrongfully, unreasonably, and unlawfully: A. Planning, designing, construction, owning, possessing, controlling, operating, maintaining, servicing, in- specting, repairing and monitoring said roadway and ad- Jacent property and roadways, including, but not limited to, the geometric design, design controls, ac- cess controls, traffic controls, warning devices, topography and physical features~ B. Supervising, controlling, contracting, inspecting, repairing, maintaining, monitoring, and working on or at said roadway and adjacent property and roadways with regard to design configurations, geometrics, sight dis- tances, traffic control devices, warning devices, topography, vegetation, shrubbery, appurtenances, physical features, fixtures on and adjacent to said roadway and adjacent property and roadways, which created dangerous conditions which were not reasonably apparent to prudent motorists such as decedent~ C. Failing to guard, warn, and protect motorists of hazards which governmental entities knew about, or in the exercise of reasonable diligence should have known 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 about; D. Designing, constructing, owning, supervising, control- ling, testing, entrusting, permitting, managing, main- taining, servicing, repairing, inspecting and operating with regard to the roadway or adjacent property and roadways, so as to cause, permit, and allow dangerous, defective and unsafe conditions at the accident site to exist; E. Failing to install appropriate traffic control devices, including barriers, signs, signals, road markers, striping, and the like; failure to install warning signs, signals or devices to apprise motorists of the dangerous conditions at the roadway or adjacent property and roadways which were not reasonably ap- parent to motorists; and failing to otherwise advise or control motorists and traffic at or near said roadway or adjacent property and roadways, of the danger; and F. Conducting themselves with reference to this roadway so as to proximately cuase the death of decedent and the injuries and damages sustained by claimant herein. The conduct of the governmental entities, and each of them, caused dangerous conditions that created a substantial risk of the type of injuries hereinafter alleged when such roadway was used with due care in a manner in which it was reasonably foreseeable that it would be used. 7. On May 25, 1990, and at all times prior thereto, the above-described public property was in a dangerous and hazardous condition that created a substantial risk of the type of injuries 1 2 3 4 5 6 7 8 9 10 11 12 13 -14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 herein alleged when the property was used with due care in a man- ner which was reasonably foreseeable. 8. The governmental entities, and each of them, at all times, had actual knowledge of the existence of the dangerous conditions at the roadway and knew, or should have known, of its dangerous character a sufficient period of time prior to the injury to have taken measures to protect against the dangerous conditions in that, and not by way of limitation, said governmen- tal entities knew of the occurrence of previous, similar acci- dents at or near the accident site; received, or were aware of reports, complaints, claims and notices to governmental entities advising them of the dangerous conditions prior to the subject accident, and the dangerous conditions had existed for a suffi- cient period of time prior to the subject accident, and were of such an obvious nature that governmental entities, in the exer- cise of due care, should have discovered the conditions and the dangerous character. The aforementioned governmental entities, and each of them, had the authority and it was their respon- sibility to take adequate measures to protect against the dan- gerous conditions at their expense, and the funds or other means were immediately available to them. 9. At the aforementioned time and place, the deceased had been operating a motor vehicle at the site of the subject acci- dent in a reasonable, prudent and lawful manner. As a proximate result of the existence of the aforementioned dangerous condi- tions and the negligence of the aforementioned governmental en- tities, the decedent's vehicle was struck by another vehicle, resulting in the subject accident. (See Traffic Collision Report 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 attached hereto as Exhibit "A.") 10. As a proximate result of the subject collision and the aforementioned wrongful death, claimant has suffered the loss of his wife. Claimant has sustained pecuniary loss resulting from the loss of love, care, companionship, comfort, services, society, solace, affection, instruction, advice, training, guidance, protection, counsel, support, loss of financial sup- port, financial contributions, consortium, accumulations, in- heritance, and right of inheritance of said decedent and has suf- fered grief and sorrow all to his damage in an amount according to proof. 11. Jurisdiction over this claim would rest in the Superior Court. 12. The names of the public employee or employees causing or contributing to claimant's resulting damages are presently un- known to claimant. DATED: October 15, 1990 ROBINSON & PHILLIPS By: Attorneys for Claima,nt -, 9G-'G~ 02.~~-. I1'1111i1,I III _] ZJ~' ' Nmlllllll la,-=.a-=D..- Illlmlemeemm "' immm ' "m mmmmmmmmmmm$ W. SMTW1Y~S ~ [~ Millnil,. 'I a 1 [] ialalai J / /,--~ ':',mwmmmm' A~ · *dlLAIUIttIItlJITI flit ;;~!/MA mlO ,_,~, /F_,~~/i '"t"°~ ' ' '/', ,i I '"""'1 CHI, Ill,,-l'14 {me I&lll QPm Ilil I b :LOCATION OF FLrFSZCAL EV33)EI::X I, I ..r. lm. I ........,,, :.,.= .z.I-. IonJ _,,,._..._' :. ., · .,. ,t,. ~d' i4; ' '* s 14,,g',. (,.,l-r' /, ;: C,+JVE/IUpt, eq, CENTAL 'IS, l& 11. 22. ,~3. ~4. F. I T f't"J(:,.1 D=-- 11. 23. 24. 2~. '22. -- Ill , 14, .~1. 18. 20. ~,3. ~4. p- _~_.. I~*~'. __ _ ' rfal 'tlwl ' ' jO-- D""' O.-~ * [] "" ,0"'-'"'D-- O''--"-'''~ O P. 25. I 11 11. II. llValllm VERIFICATION STATE OF CALIFORNIA. COUNTY OF | have read IM foreloinl and know tts ~or. tents. [] CHECK APPLICABLE PARAGRAPH [ am a party to this action. The matters stated in the Lroreloinl document are true of my own knowledle except as those matters which are stated on informat,on and belief. and as to those ma[ten [ believe them to be true. [ am [] an CXficer C:] a partner [:3 a of a party to th:s acuon. andam authorized to make this verification for and on its behalf. and [ make thss vernficauon for tha; reason. ~ [ am informed and believe and on that Iround allPie that the marten stated in the foreiotai document are true. C3 The matters stated in the foreloml document are true of my own knowledle except as to those matters which are stated on reformation and belie[. and as to those marten [ believe them to be true. [ am one of the attorneys for a party to th~s action. Such party is absent from the county of aforestud where such attorneys have their offices. and [ make th~s verification for and on behalf of that party for that reason. [ am informed and believe and on that ground aXtege chat the matters stated in the foreloinI document are true. Executed on , 19 . at . Cahrorn,a. [ declare under penalty of perjut,/under the laws of the State of California that the foreloinI LS true and correct. Type or Pnnt PROOF OF SERVICE I013A STATE OF CALIFORNIA, COUNTY OF ORANGE [ am employed in the county of Oranqe . State of California. [ am over the ale of 18 and not a patty to tim within actjoe; m~r Mmne~ addraM is: 26722 Plaza Street, Suite 230, Missa. on Viejo, CA 92690-7010 On Oct, 15 . 19 p0, [ served ~e (o~loml d~umeat deanbed u CLAIM FOR DAMAGES TO GOVF. RNMENTAL/PUBLIC ENTITY PURSUANT. TO GOVERNMENT CODE SECTION 910, Et Seq, on' the interested parties ,n th~s action Eby placinl the true copies thereof enclosed in sealed envelopel addrelMd u stated on the attached matiinI hsc: by placing [~ the original C; a true copy theteo( enclosed in seakd envelopel addreunt as follows: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION OF THE STATE OF CALIFORNIA (CAT.TRANS) BOARD OF CONTROL e.O. Box 3035 Sacrament:o, CA 9583.2-3035 BY MAIL ["""1 ,[ deposited such envelope ia tim mini at , Cahforn,a. The envelope was mailed with promIra me (uUy prelm{L t~ As follows: [ ul "readily [ImiJiar" with tim t'u'm's prncti~ of collection tad proceuinI cortnpondence for madrag. Under that prlgtNI il woMM bl 1J11~"'11:1 with U.S. poltal sel"v~l oll that m dly with poltlll thereon i'ully preprod at M ~ s s ~ on Vie '~ o Ca~oram ia tim ordinary courm o( Mmaem. [ am am that on morton of the pafiy served, servin is deposit for remainI in a,q'ZllVit. Executed on Octobe[ 15 . 1990 . at Mission Vie~o . Califorma. *'(BY EERSONAL SERVICE) [ ddiveted such envelope by land to tim offkin o~ the Maltearn. Executed on , [9 , It , Calil'ornaa. (State) [ declare under penalty of perjury under the tlws o( tbl Sam of Cnliforail that thl Illove is true and correct. (Federal) [dec~arethat[amemployediad~Tic~a~m~t~ft~ber~(thi~c~MnMw~mNdirecti~ntheMrv|cewu ""' ITEM NO. APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Deputy City Clerk September 25, 1990 Claim for Damages - Larry Millikin RECOMMENDATION: Deny the Claim for Damages BACKGROUND: This claim was reviewed by the City's Liability Insurance Carrier who recommends the City Council deny the Claim of Larry Millikin 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROBINSON & PHILLIPS 26722 Plaza Street, Suite 230 P.O. Box 9010 Mission Viejo, CA 92690-7010 (714) 582-6901 Attorneys for Plaintiffs SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF RIVERSIDE IN THE MATTER OF THE CLAIM OF: ) ) LARRY MILLIKIN, ) ) AGAINST: ) ) STATE OF CALIFORNIA; ) DEPARTMENT OF TRANSPORTATION OF ) THE STATE OF CALIFORNIA (CALTRANS); ) COUNTY OF RIVERSIDE; and CITY OF ) TEMECULA ) ) CLAIM FOR DAMAGES TO GOVERNMENTAL/PUBLIC ENTITY PURSUANT TO GOVERNMENT CODE SECTION 910, Et Seq. TO: STATE OF CALIFORNIA; DEPARTMENT OF TRANSPORTATION OF THE STATE OF CALIFORNIA (CALTRANS) BOARD OF CONTROL P.O. Box 3035 Sacramento, California 95812-3035 COUNTY OF RIVERSIDE CLERK OF THE BOARD 4080 Lemon Street, 14th Floor Riverside, California 92501 CITY OF TEMECULA CITY CLERK 43172 Business Park Drive P.O. Box 3000 Temecula, California 92390 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 i6 17 18 19 20 21 22 23 24 25 26 27 28 LARRY MILLIKIN, hereby makes claim against the STATE OF CALIFORNIA; DEPARTMENT OF TRANSPORTATION OF THE STATE OF CALIFORNIA (CALTRANS); the COUNTY OF RIVERSIDE; and the CITY OF TEMECULA, for wrongful death damages and makes the following statements in support of his claim: 1. Claimant currently resides at 628 James Street, Orange, California 92669. 2. All notices or other communications with regard to this claim should be sent to Kevin F. Calcagnie of ROBINSON & PHILLIPS, 26722 Plaza Street, Suite 230, Mission VieJo, California 92690. 3. The date and place giving rise to this claim are: May 25, 1990, at approximately 5:00 p.m., on SR-79 north (Winchester Road), 800 feet south of 79RNR400 at the inter- section of Nicholas Road in Riverside County. 4. The circumstances giving rise to this action are as follows: Claimant suffered the loss of his mother, Natalie Bell, who sustained fatal injuries in a traffic collision as a proximate result of the existence of dangerous conditions of property owned, designed, constructed, maintained and repaired by the aforementioned governmental/public entities. Claimant contends that the governmental/public en- tities, and each of them, created the dangerous conditions of property further described herein. It is claimant's contention that dangerous conditions existed at the subject location, and that the governmental/public entities had actual and constructive notice of same. Said 1 3 5 10 11 12 13 15 18 20 21 23 25 dangerous conditions include, but are not limited to, the follow- ing= A. The absence of any advance warning of the aforemen- tioned intersection including, but not limited to, warning signs, markers, flashing warning lights, or other traffic control devices to warn of the presence of the intersection, and the fact that vehicles would be stopping, changing speed, turning, or changing lanes. B. The absence of any or sufficient recovery space on either side of the subject roadway to accommodate vehicles attempting to avoid stopped, out of control or errant vehicles obstructing their paths. C. The absence of a turn lane, turn pocket or median to allow vehicles to turn left safely without obstructing the.flowof through .traffic. D. The absence of sufficient roadway width to safely ac- commodate the volume, direction, movement, and flow of traffic using the roadway on a daily basis. E. The absence of any or adequate median barriers to protect vehicles from errant traffic crossing over and traveling in an opposing direction. F. The absence of adequate or any roadway markings, con- trols, signs or lighting to enable drivers to maintain safe speeds and remain in appropriate travel lanes. G. A posted speed limit in excess of a safe speed for the daily traffic volume and for negotiation of the roadway at said location. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 i6- 17 18 19 20 21 22 23 24 25 26 27 28 The subject roadway was curved, banked, sloped, designed, constructed and maintained in such a manner as to cause vehicles to leave the appropriate travel lanes. I. The roadway and adjacent property were designed, con- structed, and maintained in such a manner as to obstruct the vision of drivers, thereby interfering with the safe operation of vehicles. J. The existence of debris and other material on and ad- jacent ot the subject roadway which obstructed the vi- sion of motorists and interfered with the normal flow of traffic and the safe operation of motor vehicles. K. The condition of the adjacent hillside/slope and/or roadway allowed dirt and other debris to encroach upon the highway, exposing motorists to injury. L. The roadway was improperly surfaced, striped, con- toured; signed, regulated, monitored, signalled, and controlled by Defendants' employees, thereby interfering with the safe operation of motor vehicles. M. The absence of any or adequate warnings of the af6rementioned conditions and other hazards to motorists on the roadway. 5. At all times herein mentioned, the governmental en- tities, and each of them, were responsible for the planning, design, supervision, control, construction, servicing, manage- ment, inspection, operation, signing, striping, maintenance, repair, traffic control, and other activities related to the roadway where the subject accident occurred, including, but not 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 '16 17 18 19 20 21 22 23 24 25 26 27 28 limited to, property adjacent to the subject roadway which directly affected the amount, type and direction of traffic on the subject roadway. 6. That at said time and place, the government entities by and through their employees, agents, servants, and independent contractors, proximately caused the injuries and damages as hereafter mentioned to claimant by negligently, wantonly, reck- lessly, tortiously, wrongfully, unreasonably, and unlawfully: A. Planning, designing, construction, owning, possessing, controlling, operating, maintaining, servicing, in- specting, repairing and monitoring said roadway and ad- jacent property and roadways, including, but not limited to, the geometric design, design controls, ac- cess controls, traffic controls, warning devices, topography and physical features; B. Supervising, controlling, contracting, inspecting, repairing, maintaining, monitoring, and working on or at said roadway and adjacent property and roadways with regard to design configurations, geometrics, sight dis- tances, traffic control devices, warning devices, topography, vegetation, shrubbery, appurtenances, physical features, fixtures on and adjacent to said roadway and adjacent property and roadways, which created dangerous conditions which were not reasonably apparent to prudent motorists such as decedent; C. Failing to guard, warn, and protect motorists of hazards which governmental entities knew about, or in the exercise of reasonable diligence should have known 5 3 5 6 ? 8 10 11 13 15 16 17 18 19 20 23 25 26 28 about~ D. Designing, constructing, owning, supervising, control- ling, testing, entrusting, permitting, managing, main- taining, servicing, repairing, inspecting and operating with regard to the roadway or adjacent property and roadways, so as to cause, permit, and allow dangerous, defective and unsafe conditions at the accident site to exist~ E. Failing to install appropriate traffic control devices, including barriers, signs, signals, road markers, striping, and the like~ failure to install warning signs, signals or devices to apprise motorists of the dangerous conditions at the roadway or adjacent property and roadways which were not reasonably ap- parent to motorists~ and failing to otherwise advise or control motorists and traffic at or near said roadway or adjacent property and roadways, of the danger~ and F. Conducting themselves with reference to this roadway so as to proximately cuase the death of decedent and the injuries and damages sustained by claimant herein. The conduct of the governmental entities, and each of them, caused dangerous conditions that created a substantial risk of the type of injuries hereinafter alleged when such roadway was used with due care in a manner in which it was reasonably foreseeable that it would be used. 7. On May 25, 1990, and at all times prior thereto, the above-described public property was in a dangerous and hazardous condition that created a substantial risk of the type of injuries 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1'6 17 18 19 20 21 22 23 24 25 26 27 28 herein alleged when the property was used with due care in a man- ner which was reasonably foreseeable. 8. The governmental entities, and each of them, at all times, had actual knowledge of the existence of the dangerous conditions at the roadway and knew, or should have known, of its dangerous character a sufficient period of time prior to the injury to have taken measures to protect against the dangerous conditions in that, and not by way of limitation, said governmen- tal entities knew of the occurrence of previous, similar acci- dents at or near the accident site; received, or were aware of reports, complaints, claims and notices to governmental entities advising them of the dangerous conditions prior to the subject accident, and the dangerous conditions had existed for a suffi- cient period of time prior to the subject accident, and were of such an obvious nature that governmental entities, in the exer- cise of due care, should have discovered the conditions and the dangerous character. The aforementioned governmental entities, and each of them, had the authority and it was their respon- sibility to take adequate measures to protect against the dan- gerous conditions at their expense, and the funds or other means were immediately available to them. 9. At the aforementioned time and place, the deceased had been operating a motor vehicle at the site of the subject acci- dent in a reasonable, prudent and lawful manner. As a proximate result of the existence of the aforementioned dangerous condi- tions and the negligence of the aforementioned governmental en- tities, the decedent's vehicle was struck by another vehicle, resulting in the subject accident. (See Traffic Collision Report 1 2 3 4 5 9 10 11 13 15 16 19 20 21 23 2~ attached hereto as Exhibit "A.") 10. As a proximate result of the subject collision and the aforementioned wrongful death, claimant has suffered the loss of his mother. Claimant has sustained pecuniary loss resulting from the loss of love, care, companionship, comfort, services, society, solace, affection, instruction, advice, training, guidance, protection, counsel, support, loss of financial sup- port, financial contributions, accumulations, inheritance, and right of inheritance of said decedent and has suffered grief and sorrow all to his damage in an amount according to proof. Jurisdiction over this claim would rest in the Superior 11. Court. 12. The names of the public employee or employees causing or contributing to claimant's resulting damages are presently un- known to claimant. DATED: October 15, 1990 ROBINSON & PHILLIPS By: VIN F. CALCA~IE ' Attorneys for Claimant IIIIII!llllllltl~"'~ : _~W,II~COLLlelON. R.EIN)RT ..... · m ,'l lllt':eeeJ.kdle) I." ~,'~ ~ ,, ,.-.:. el ~ ~Je Iol o I ~ ImIoloi [] tol: I ~ JailIll . I-n Ininini 4 I/' "/I~ s/~ o~ I~i~;;']'e .....I" ......' .... D.--.,- (::) ,, l& le. '21. 22.- ,23. - I1,, · .?-~:.: ..~. ... .. ' ;.__~:; ' ' ,,..,:~.~.-. ~k.-'. _. ,7. '31.. ':.(" :'/" - ."' t rr,~ }h ~ ~A ..~,~ ~~ ~ a -.~, .....= _~~~i .~'~': ''-. ' k , 4. 14. 21. ~22. b. 25. ] ,,~Tie.k J,""~.&'E RATI'VE/SUPPLEMENTAl. 2 3. 4. s, '8 10. ~g. 20. 22. 23, 34. 25. ~7. ~ms:,.,_~d~mm . ..:. - -me ...... , ~6. ~,. ,.-,,.,.-., .r.wl lunakpetTai. fr&;att...~18 ................ q 17. 18. E3 E3 VERIFICATION STATE OF CALIFORNIA, COUNTY OF I have read the foreloinI and know its coP. tents. rq~q CHECK APPLICABLE PARAGRAPH [ am a party to this action. The matters st·ted in the foregoing document are true of my own knowledge except as to those matters which ate sated on information and belief, and as to those matters [ believe them to be true. [ am [] an O(~cer r~ a partner r~ a of a party to this action. andam authorized to make this verification for and on its behalf, and [ make this verification for that reason. [] [ am informed and believe and on that ground allege that the matters stated in the foregoing document are true. C] The matters stated in the foregoing document are true of my own knowledge except as to those matters wh,ch are stated on information and belief, and as to those mitten I believe them to be true. [ am one of the attorneys for a party to this action. Such party is absent from the county of aforesaid where such attorneys have their offices, and [ make this verification for and on behalf of that party for that reason. [ am informed and believe and on that ground allege that the matters stated in the foregoing document are true. Executed on , 19 , at . California. [ declare under penalty of per3uP/ under the laws of the State of California that the foreloinI is true and correct. Type or Pnnt Nan~ Silnature"d) PROOF OF SERVICE IOIJA (3) CCt STATE OF CALIFORNIA, CO~ OF ORANGE Iam employ~ in the county of Ocange . S~te of Califo~ia. [ am over the ap of 18 and not a ~y to ~e ~in Con; my bS a~ is: ~6722 Plaz~ S~cee~, Su~e 230, M~ss~on V~e~o, CA 92690-7010 On Oct. l 5 . 19 90, [ ~ the fo~pml d~mnt d~ u CLAIM FOR D~AGES TO COVRRNMmNTAT./PURT.IC ENTITY PURSUANT TO GOVERNMENT CODE SECTION 91 O, Et ~q. on the interested Darties i, this action by placing the t~e copi~ thetar encl~ in ~ envelo~ I~ M $mtN on the atmchN mailing list: by placmg~the o~]i~J ~ a tree copy ~f e~l~ i6 i Mvelo~ ~rM ~ follows: COUNTY OF RIVERSIDE CLERK OF THE BOARD 4080 Lemon Street, 14th Floor Riverside, CA 92501 [] BY MAlL ['"] *[ deposited such envdoN in the mail at , Califorma. The envelope was mailed with peltale thereon fully prepaid. ['~ As follows: I am "readily familiar" with the ~rm's practice of collection and proceuinl correspondence for mailing. Under that prlclill it would be depoliled with U.S. postal service on that same day with peltale thereon fully prepaid at M~ .~-~inn Vi~ajo California in the ordinary coum of bullnil. I am aware that on mot:on of the party seized. service il prllumed invllid if poltal cancellation date or postall merit date Ls more than one day after date o( deposit for mmlinI in afi'glavit. Executed on Octnhpr ] 5 , 19 90. at Mission Vie-~o . Califorma. [~ *"(BY EERSON AL SERVICE) [ delivered such envelope by hand to the offgas of the addlessee. Executed on , 19 . at , California. [ declare under penalty of perjuP/under th· laws of the Stale of California that the above is true and correct. [ declare that ! am employed in the office of · member of the bat of thai court at when direction the service was made. .~FIERRY f.. PERRY Type or Print Nan~ ' ,~E,'v O+SC.:~m. ,..AW .~30 a, NO 2031 CCI (State) (Federal) ITEM NO. 5 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Deputy City Clerk September 25, 1990 Claim for Damages - Brian Millikin RECOMMENDATION: Deny the Claim for Damages BACKGROUND: This claim was reviewed by the City's Liability Insurance Carrier who recommends the City Council deny the Claim of Brian Millikin 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROBINSON & PHILLIPS 26722 Plaza Street, Suite 230 P.O. Box 9010 Mission Viejo, CA 92690-7010 (714) 582-6901 Attorneys for Plaintiffs SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF RIVERSIDE IN THE MATTER OF THE CLAIM OF: ) ) BRIAN MILLIKIN, ) ) AGAINST: ) ) STATE OF CALIFORNIA; ) DEPARTMENT OF TRANSPORTATION OF ) THE STATE OF CALIFORNIA (CALTRANS); ) COUNTY OF RIVERSIDE; and CITY OF ) TEMECULA ) ) CLAIM FOR DAMAGES TO GOVERNMENTAL/PUBLIC ENTITY PURSUANT TO GOVERNMENT CODE SECTION 910, Et Seq. TO: STATE OF CALIFORNIA; DEPARTMENT OF TRANSPORTATION OF THE STATE OF CALIFORNIA (CALTRANS) BOARD OF CONTROL P.O. Box 3035 Sacramento, California 95812-3035 COUNTY OF RIVERSIDE CLERK OF THE BOARD 4080 Lemon Street, 14th Floor Riverside, California 92501 CITY OF TEMECULA CITY CLERK 43172 Business Park Drive P.O. Box 3000 Temecula, California 92390 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BRIAN MILLIKIN, hereby makes claim against the STATE OF CALIFORNIA; DEPARTMENT OF TRANSPORTATION OF THE STATE OF CALIFORNIA (CALTRANS); the COUNTY OF RIVERSIDE; and the CITY OF TEMECULA, for wrongful death damages and makes the following statements in support of his claim: 1. Claimant currently resides at 868 Pinehurst Drive, Lake Elsinore, California 92330. 2. All notices or other communications with regard to this claim should be sent to Kevin F. Calcagnie of ROBINSON & PHILLIPS, 26722 Plaza Street, Suite 230, Mission Viejo, California 92690. 3. The date and place giving rise to this claim are: May 25, 1990, at approximately 5:00 p.m., on SR-79 north (Winchester Road), 800 feet souoth of 79RNR400 at the inter- section of Nicholas Road in Riverside County. 4. The circumstances giving rise to this action are as follows: Claimant suffered the loss of his mother, Natalie Bell, who sustained fatal injuries in a traffic collision as a proximate result of the existence of dangerous conditions of property owned, designed, constructed, maintained and repaired by the aforementioned governmental/public entities. Claimant contends that the governmental/public en- tities, and each of them, created the dangerous conditions of property further described herein. It is claimant's contention that dangerous conditions existed at the subject location, and that the governmental/public entities had actual and constructive notice of same. Said 2 1 2 3 4 S 6 ? g 10 11 12 13 15 17 18 lg 20 21 22 23 2~ 25 26 27 28 dangerous conditions include, but are not limited to, the follow- ing: A. The absence of any advance warning of the aforemen- tioned intersection including, but not limited to, warning signs, markers, flashing warning lights, or other traffic control devices to warn of the presence of the intersection, and the fact that vehicles would be stopping, changing speed, turning, or changing lanes. B. The absence of any or sufficient recovery space on either side of the subject roadway to accommodate vehicles attempting to avoid stopped, out of control or errant vehicles obstructing their paths. C. The absence of a turn lane, turn pocket or median to allow vehicles to turn left safely without obstructing the. flow. of through traffic. D. The absence of sufficient roadway width to safely ac- commodate the volume, direction, movement, and flow of traffic using the roadway on a daily basis. E. The absence of any or adequate median barriers to protect vehicles from errant traffic crossing over and traveling in an opposing direction. F. The absence of adequate or any roadway markings, con- trols, signs or lighting to enable drivers to maintain safe speeds and remain in appropriate travel lanes. G. A posted speed limit in excess of a safe speed for the daily traffic volume and for negotiation of the roadway at said location. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 i6- 17 18 19 20 21 22 23 24 25 26 27 28 H. The subject roadway was curved, banked, sloped, designed, constructed and maintained in such a manner as to cause vehicles to leave the appropriate travel lanes. I. The roadway and adjacent property were designed, con- structed, and maintained in such a manner as to obstruct the vision of drivers, thereby interfering with the safe operation of vehicles. J. The existence of debris and other material on and ad- Jacent ot the subject roadway which obstructed the vi- sion of motorists and interfered with the normal flow of traffic and the safe operation of motor vehicles. K. The condition of the adjacent hillside/slope and/or roadway allowed dirt and other debris to encroach upon the highway, exposing motorists to injury. L. The roadway was improperly surfaced, stripedr con- toured, signed, regulated, monitored, signalled, and controlled by Defendants' employees, thereby interfering with the safe operation of motor vehicles. M. The absence of any or adequate warnings of the aforementioned conditions and other hazards to motorists on the roadway. 5. At all times herein mentioned, the governmental en- tities, and each of them, were responsible for the planning, design, supervision, control, construction, servicing, manage- ment, inspection, operation, signing, striping, maintenance, repair, traffic control, and other activities related to the roadway where the subject accident occurred, including, but not 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 limited to, property adjacent to the subject roadway which directly affected the amount, type and direction of traffic on the subject roadway. 6. That at said time and place, the government entities by and through their employees, agents, servants, and independent contractors, proximately caused the injuries and damages as hereafter mentioned to claimant by negligently, wantonly, reck- lessly, tortiously, wrongfully, unreasonably, and unlawfully: A. Planning, designing, construction, owning, possessing, controlling, operating, maintaining, servicing, in- specting, repairing and monitoring said roadway and ad- jacent property and roadways, including, but not limited to, the geometric design, design controls, ac- cess controls, traffic controls, warning devices, topography and physical features; B. Supervising, controlling, contracting, inspecting, repairing, maintaining, monitoring, and working on or at said roadway and adjacent property and roadways with regard to design configurations, geometrics, sight dis- tances, traffic control devices, warning devices, topography, vegetation, shrubbery, appurtenances, physical features, fixtures on and adjacent to said roadway and adjacent property and roadways, which created dangerous conditions which were not reasonably apparent to prudent motorists such as decedent; C. Failing to guard, warn, and protect motorists of hazards which governmental entities knew about, or in the exercise of reasonable diligence should have known 1 about; 2 D. Designing, constructing, owning, supervising, control- 3 ling, testing, entrusting, permitting, managing, main- 4 taining, servicing, repairing, inspecting and operating 5 with regard to the roadway or adjacent property and 6 roadways, so as to cause, permit, and allow dangerous, 7 defective and unsafe conditions at the accident site to 8 exist; 9 E. Failing to install appropriate traffic control devices, 10 including barriers, signs, signals, road markers, 11 striping, and the like; failure to install warning 12 signs, signals or devices to apprise motorists of the 13 dangerous conditions at the roadway or adjacent 14 property and roadways which were not reasonably ap- 15 parent to motorists; and failing to otherwise advise or 16 control motorists and traffic at or near said roadway 17 or adjacent property and roadways, of the danger; and 18 F. Conducting themselves with reference to this roadway so 19 as to proximately cuase the death of decedent and the 20 injuries and damages sustained by claimant herein. 21 The conduct of the governmental entities, and each of them, 22 caused dangerous conditions that created a substantial risk of 23 the type of injuries hereinafter alleged when such roadway was 24 used with due care in a manner in which it was reasonably 25 foreseeable that it would be used. 26 7. On May 25, 1990, and at all times prior thereto, the 27 above-described public property was in a dangerous and hazardous 28 condition that created a substantial risk of the type of injuries 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 herein alleged when the property was used with due care in a man- ner which was reasonably foreseeable. 8. The governmental entities, and each of them, at all times, had actual knowledge of the existence of the dangerous conditions at the roadway and knew, or should have known, of its dangerous character a sufficient period of time prior to the injury to have taken measures to protect against the dangerous conditions in that, and not by way of limitation, said governmen- tal entities knew of the occurrence of previous, similar acci- dents at or near the accident site; received, or were aware of reports, complaints, claims and notices to governmental entities advising them of the dangerous conditions prior to the subject accident, and the dangerous conditions had existed for a suffi- cient period of time prior to the subject accident, and were of such an obvious nature that governmental entities, in the exer- cise of due care, should have discovered the conditions and the dangerous character. The aforementioned governmental entities, and each of them, had the authority and it was their respon- sibility to take adequate measures to protect against the dan- gerous conditions at their expense, and the funds or other means were immediately available to them. 9. At the aforementioned time and place, the deceased had been operating a motor vehicle at the site of the subject acci- dent in a reasonable, prudent and lawful manner. As a proximate result of the existence of the aforementioned dangerous condi- tions and the negligence of the aforementioned governmental en- tities, the decedent's vehicle was struck by another vehicle, resulting in the subject accident. (See Traffic Collision Report 7 1 3 4 5 8 9 10 11 12 13 14 15 16 18 19 20 23 25 attached hereto as Exhibit "A.") 10. As a proximate result of the subject collision and the aforementioned wrongful death, claimant has suffered the loss of his mother. Claimant has sustained pecuniary loss resulting from the loss of love, care, companionship, comfort, services, society, solace, affection, instruction, advice, training, guidance, protection, counsel, support, loss of financial sup- port, financial contributions, accumulations, inheritance, and right of inheritance of said decedent and has suffered grief and sorrow all to his damage in an amount according to proof. Jurisdiction over this claim would rest in the Superior 11. Court. 12. The names of the public employee or employees causing or contributing to claimant's resulting damages are presently un- known to claimant. DATED: October 15, 1990 ROBINSON & PHILLIPS ~.~/' '~ Attorneys for Claimant 8 =" f"'T_' J"'. ~r:T..:. 1 'asm~ I m- v IItlllTIll) i a ;a iai D I~ in in4 m =-- , ;'! fIIINll ininlni n Ini i I I ,. J a,_,/~' / ~V.I,.:,,~.-::~,,."' ;'H/e: 'e/emf'd. ..¢.Z '7'/'i1' ,vim. $/.:~,. ~r,: ,~,c:.~l:~ ~,~ ~*'Lr~/F 'f' ~/ar ~irEe~, or 5.te 7~I~' q/~F I 3'1~a6-~ or:: N/('nl.,lt':~.P. i~'~. ~ 't.3,' . 's/, el~pr, f ,.~ .,,.1c'7~~3 ' ,,ll~. ~IEP.,, ,.,~ ,,,-~c.~,,,: ,'-..:, SECOND !~~CE i~31~ ,- , Z, OC4fZON OF PJrS/CAL EVlDilCl .f J~ liP IN .. __ W41I ON III v , - · ' · I '-1~ 3. 15. ~6. 21. ~22. ,?,4. :PPLEMENTAL NARINIk_TIVE/SUPPLEMENTAL reel I '7. 8, ,: !, 2~. [2 [2 [2 VERIFICATION STATE OF CALIFORNIA, COUNTY OF I have read the foregoing and know Its contents. [] CHECK APPLICABLE PARAGRAPH ! am a party to this action. The matters stated in the foregoing document are true of my own knowledge except as to those matters which are stated on information and belief, and as to those matters I believe them to be true. Iam ~ an O~ficer [] a partner [] a of a party to this action. and am authorized to make this verification for and on its behalf. and [ make this verification for that reason. C2 [ am ,nformed and believe and on that ground allege that the matters stated in the foregoing document are true. 71 The matters stated in the foregoing document are true of my own knowledge except as to those matters which are stated on reformation and belief, and as to those matters [ believe them to be true. [ am one of the attorneys for a party to this action. Such party is absent from the county of aforesaid where such attorneys have their offices, and I make this verification for and on behalf of that party for that reason. I am informed and believe and on that ground allege that the matters stated in the foregoing document are true. Executed on , 19 , at , Cahforma. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. SHERRY L. PERRY Type or Pnnt Name Type or Print Name Signature PROOF OF SERVICE 1013A (3) CCP leviadd STATE OF CALIFORNIA, COUNTY OF ORANGE [ am employed in the county of Oranqe , State of California. { am over the age of 18 and not a party to the within action; my business address is: 26722 Plaza Street, Suite 230, Mission Viejo, CA 92690-7010 On Oct. 15 . 19 90 . [ served the foregoing documen[ desq~bed as CLAIM FOR DAMAGES TO GOVERNMENTAL/PUBLIC ENTITY PURSUANT TO GOVERNMENT CODE SECTION 910, Et Sec. on the interested parties in thzs act,on by placing the true copies thereof enclosed in sealed envelopes addressed as stated on the attached mailing list: by plactng:~Kthe original 71 a true copy thereof enclosed in sealed envelopes addressed as follows: CITY OF TEMECULA CITY CLERK 43172 Business Park Drive P.O. Box 3000 Temecula, CA 92390 ['~ BY MAIL D *[ deposited such envelope in the mail at , Caitforma. The envelope was mailed with Ix:male thereon fully prepaid. [] As follows: I am "readily familiar" with the ~rm's practice of collection and processinl correspondence for madinS. Under that practice it would be deposited with U.S. postal service on that same day with postaBe thereon fully prepa,d at Mission Vie'~o California in the ordinary course of business. ! am aware that on mot:on of the party served, service is presumed invalid if pmtal cancellation date or postaBe meter date is more than one day after date of deposit for mailing in affidavit. Executed on October 15 , 19 90, at Mission Vie-~o , Califorma. ["] '*(BY PERSONAL SERVICE) [ delivered such envelope by hand to the offices of the addtessee. Executed on , 19 , at , California. E(State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (Federal) I declare that l am employed in the office of a member of the bat of this court at whose direction the sen, ice was ""' Sil~atur~ ITEM NO. 6 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Deputy City Clerk September 25, 1990 Claim for Damages - Bruce Millikin RECOMMENDATION: Deny the Claim for Damages BACKGROUND: This claim was reviewed by the City's Liability Insurance Carrier who recommends the City Council deny the Claim of Bruce Millikin 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROBINSON & PHILLIPS 26722 Plaza Street, Suite 230 P.O. Box 9010 Mission VieJo, CA 92690-7010 (714) 582-6901 Attorneys for Plaintiffs SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF RIVERSIDE IN THE MATTER OF THE CLAIM OF: ) ) BRUCE MILLIKIN, ) ) AGAINST: ) ) STATE OF CALIFORNIA; ) DEPARTMENT OF TRANSPORTATION OF ) THE STATE OF CALIFORNIA (-CALTRANS); ) COUNTY OF RIVERSIDE; and CITY OF ) TEMECULA ) ) CLAIM FOR DAMAGES TO GOVERNMENTAL/PUBLIC ENTITY PURSUANT TO GOVERNMENT CODE SECTION 910, Et Seq. TO: STATE OF CALIFORNIA; DEPARTMENT OF TRANSPORTATION OF THE STATE OF CALIFORNIA (CALTRANS) BOARD OF CONTROL P.O. Box 3035 Sacramento, California 95812-3035 COUNTY OF RIVERSIDE CLERK OF THE BOARD 4080 Lemon Street, 14th Floor Riverside, California 92501 CITY OF TEMECULA CITY CLERK 43172 Business Park Drive P.O. Box 3000 Temecula, California 92390 1 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BRUCE MILLIKIN, hereby makes claim against the STATE OF CALIFORNIA~ DEPARTMENT OF TRANSPORTATION OF THE STATE OF CALIFORNIA (CALTRANS); the COUNTY OF RIVERSIDE~ and the CITY OF TEMECULA, for wrongful death damages and makes the following statements in support of his claim= 1. Claimant currently resides at 13847 East Walnut, Whittier, California 90620. 2. All notices or other communications with regard to this claim should be sent to Kevin F. Calcagnie of ROBINSON & PHILLIPS, 26722 Plaza Street, Suite 230, Mission Viejo, California 92690. 3. The date and place giving rise to this claim are= May 25, 1990, at approximately 5=00 p.m., on SR-79 north (Winchester Road), 800 feet south of 79RNR400 at the inter- section of Nicholas Road in Riverside County. 4. The circumstances giving rise to this action are as follows= Claimant suffered the loss of his mother, Natalie Bell, who sustained fatal injuries in a traffic collision as a proximate result of the existence of dangerous conditions of property owned, designed, constructed, maintained and repaired by the aforementioned governmental/public entities. Claimant contends that the governmental/public en- tities, and each of them, created the dangerous conditions of property further described herein. It is claimant's contention that dangerous conditions existed at the subject location, and that the governmental/public entities had actual and constructive notice of same. Said 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 dangerous conditions include, but are not limited to, the follow- ing: A. The absence of any advance warning of the aforemen- tioned intersection including, but not limited to, warning signs, markers, flashing warning lights, or other traffic control devices to warn of the presence of the intersection, and the fact that vehicles would be stopping, changing speed, turning, or changing lanes. B. The absence of any or sufficient recovery space on either side of the subject roadway to accommodate vehicles attempting to avoid stopped, out of control or errant vehicles obstructing their paths. C. The absence of a turn lane, turn pocket or median to allow vehicles to turn left safely without obstructing the. flowof through traffic. D. The absence of sufficient roadway width to safely ac- commodate the volume, direction, movement, and flow of traffic using the roadway on a daily basis. E. The absence of any or adequate median barriers to protect vehicles from errant traffic crossing over and traveling in an opposing direction. F. The absence of adequate or any roadway markings, con- trols, signs or lighting to enable drivers to maintain safe speeds and remain in appropriate travel lanes. G. A posted speed limit in excess of a safe speed for the daily traffic volume and for negotiation of the roadway at said location. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 i6- 17 18 19 20 21 22 23 24 25 26 27 28 H. The subject roadway was curved, banked, sloped, designed, constructed and maintained in such a manner as to cause vehicles to leave the appropriate travel lanes. I. The roadway and adjacent property were designed, con- structed, and maintained in such a manner as to obstruct the vision of drivers, thereby interfering with the safe operation of vehicles. J. The existence of debris and other material on and ad- jacent ot the subject roadway which obstructed the vi- sion of motorists and interfered with the normal flow of traffic and the safe operation of motor vehicles. K. The condition of the adjacent hillside/slope and/or roadway allowed dirt and other debris to encroach upon the highway, exposing motorists to injury. L. The roadway was improperly surfaced, striped., con- toured~ signed, regulated, monitored, signalled, and controlled by Defendants' employees, thereby interfering with the safe operation of motor vehicles. M. The absence of any or adequate warnings of the aforementioned conditions and other hazards to motorists on the roadway. 5. At all times herein mentioned, the governmental en- tities, and each of them, were responsible for the planning, design, supervision, control, construction, servicing, manage- ment, inspection, operation, signing, striping, maintenance, repair, traffic control, and other activities related to the roadway where the subject accident occurred, including, but not 4 1 2 3 5 ? 10 11 12 13 15 16 17 18 20 21 22 23 2~ 25 2~ 27 2~ limited to, property adjacent to the subject roadway which directly affected the amount, type and direction of traffic on the subject roadway. 6. That at said time and place, the government entities by and through their employees, agents, servants, and independent contractors, proximately caused the injuries and damages as hereafter mentioned to claimant by negligently, wantonly, reck- lessly, tortiously, wrongfully, unreasonably, and unlawfully: A. Planning, designing, construction, owning, possessing, controlling, operating, maintaining, servicing, in- specting, repairing and monitoring said roadway and ad- jacent property and roadways, including, but not limited to, the geometric design, design controls, ac- cess controls, traffic controls, warning devices, topography and physical features; B. Supervising, controlling, contracting, inspecting, repairing, maintaining, monitoring, and working on or at said roadway and adjacent property and roadways with regard to design configurations, geometrics, sight dis- tances, traffic control devices, warning devices, topography, vegetation, shrubbery, appurtenances, physical features, fixtures on and adjacent to said roadway and adjacent property and roadways, which created dangerous conditions which were not reasonably apparent to prudent motorists such as decedent; C. Failing to guard, warn, and protect motorists of hazards which governmental entities knew about, or in the exercise of reasonable diligence should have known 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 about; D. Designing, constructing, owning, supervising, control- ling, testing, entrusting, permitting, managing, main- taining, servicing, repairing, inspecting and operating with regard to the roadway or adjacent property and roadways, so as to cause, permit, and allow dangerous, defective and unsafe conditions at the accident site to exist; E. Failing to install appropriate traffic control devices, including barriers, signs, signals, road markers, striping, and the like; failure to install warning signs, signals or devices to apprise motorists of the dangerous conditions at the roadway or adjacent property and roadways which were not reasonably ap- parent to motorists; and failing to otherwise advise or control motorists and traffic at or near said roadway or adjacent property and roadways, of the danger; and F. Conducting themselves with reference to this roadway so as to proximately cuase the death of decedent and the injuries and damages sustained by claimant herein. The conduct of the governmental entities, and each of them, caused dangerous conditions that created a substantial risk of the type of injuries hereinafter alleged when such roadway was used with due care in a manner in which it was reasonably foreseeable that it would be used. 7. On May 25, 1990, and at all times prior thereto, the above-described public property was in a dangerous and hazardous condition that created a substantial risk of the type of injuries 1 2 3 4 5 6 7 8 9 10 11 12 13 -14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 herein alleged when the property was used with due care in a man- ner which was reasonably foreseeable. 8. The governmental entities, and each of them, at all times, had actual knowledge of the existence of the dangerous conditions at the roadway and knew, or should have known, of its dangerous character a sufficient period of time prior to the injury to have taken measures to protect against the dangerous conditions in that, and not by way of limitation, said governmen- tal entities knew of the occurrence of previous, similar acci- dents at or near the accident site; received, or were aware of reports, complaints, claims and notices to governmental entities advising them of the dangerous conditions prior to the subject accident, and the dangerous conditions had existed for a suffi- cient period of time prior to the subject accident, and were of such an obvious nature that governmental entities, in the exer- cise of due care, should have discovered the conditions and the dangerous character. The aforementioned governmental entities, and each of them, had the authority and it was their respon- sibility to take adequate measures to protect against the dan- gerous conditions at their expense, and the funds or other means were immediately available to them. 9. At the aforementioned time and place, the deceased had been operating a motor vehicle at the site of the subject acci- dent in a reasonable, prudent and lawful manner. As a proximate result of the existence of the aforementioned dangerous condi- tions and the negligence of the aforementioned governmental en- tities, the decedent's vehicle was struck by another vehicle, resulting in the subject accident. (See Traffic Collision Report 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 attached hereto as Exhibit "A.") 10. As a proximate result of the subject collision and the aforementioned wrongful death, claimant has suffered the loss of his mother. Claimant has sustained pecuniary loss resulting from the loss of love, care, companionship, comfort, services, society, solace, affection, instruction, advice, training, guidance, protection, counsel, support, loss of financial sup- port, financial contributions, accumulations, inheritance, and right of inheritance of said decedent and has suffered grief and sorrow all to his damage in an amount according to proof. Jurisdiction over this claim would rest in the Superior 11. Court. 12. The names of the public employee or employees causing or contributing to claimant's resulting damages are presently un- known to claimant. DATED: October 15-, 1990 ROBINSON & PHILLIPS By: KEVIN F. CiLCAG~ Attorneys for Claimant -~ ~11NG P(:)IITION ' IAFII~f 10UIPMENT ~ eJECTill FROM VEHICLE "-. ~-':'::,,.~m.."'.T.'.. !. ---=~-~"" i,'l:!'~i ...."' '~'-'~ : [i~ll .~il~.~Z.-::::,~.!.:.:.';.-~' I:~ '~-:':--'-'~~lltJ~"'~':-'=--'f~ ~':'-'- "' ~ ..... :~'~;-,:~ ::'-"::,.--~,:;::'~,~ ..~,,.., ..,.,.-.,,..,.:.,-.,., ,_.! j......~._.;,:....,:.,,.'.._, -_,:~:_.:. ,..,~,-~.:..~:.i:,,..=_.' ..... ..-. ,.~..~ ' ~;~,,~'-~~I~;'~. 'I "' ....*""' ~ ....i.' ·,E:'''~. ' ":~ , ':~. , -.. ",. :: ~t~5_/. ~ / PA$IEI~.'.ERS_ . :. :~ 111 II ~ MvIIII O'h,¢, v;l~,..I _ ..lJ._ ~ __ · IJURtD WAS ( "X" 044 ) -i.';:. !-'...I- I- "' !. ,'~;:,, ~ ~ .... I~!nlni n ilalal~l ,~ t ':"~ In !,~1=1 n I n l [] I n ininlni I'1 #, - ~/ ",.,* ev*;~e-,.,,-, I .... F'Y S T._' ~ T. ,WI'n -.'TNCr DNiTSmUi~Vf~&~! I. le, 21. 22.- 23. 24. 2e. /. . ~m ~t m ,k~PP IlamdM~ 18. .,19. ~. ~2. , 4. D~TN(B 15. ~22. ~- _ .... 2~. ' ~PPLEMENTAL ~" ~ k°r 'I'M ,4. 11, 18, 19. 20. 21. 2,3, 2,4. 25, 26, ~' N~R~TIVE~UI~LEMENTAL 11. I' f2~. 25. .,J 14, ~6. ~7. 21. 22 .g4. VERIFICATION STATE OF CALIFORNIA. COUNTY OF I have read the for~loing and know its contents. ~] CHECK APPLICABLE PARAGRAPH i am a party io this action. The matters stated in the foregoing document are true of my own knowledge except as to those matters which ate stated oa int'ormatton and belief, and as to those matters I believe them to be true. [ am 'Tan Officer ~ a partner ~ a of a party to this act,on. andam authorized to make this verification for and on its behalf, and I make this verification for that reason. [] [ am :nformed and believe and on that ground allege that the marten stated in the foregoing document are true. [] The matters stated in the foreloing document are true of my own knowledge except as to those matters which are stated on information and belief, and as to those marten [ believe them to be true. [ am one of the attorneys for a party to this action. Such party is absent from the county of aforesaid where such attorneys have their offices. and I make this verification for and on behalf of that party for that reason. [ am informed and believe and on that ground allege chat the matters sated in the foregoing document are true. Executed on , 19 , at . California. [ declare under penalty of perjury under the laws of the State of CaJifotnm that the foreloinI :s true and correct. Type or Pnnt Name Siinatu~e ' '--'~ PROOF OF SERVICE 1013A (3) CCI STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in me county of Oranqe . State of California. I am over the age of 18 and not a party to the within action; my butioe~ addte~ is: 26722 Plaza Street. Suite 230. Mission Vieio, CA 92690-7010 O. Oct. l 5 , ~9 90, I served the fotegomg do~umeat d~nbed as CLAIM FOR DAMAGES TO GOVERNMENTAT./PU~T.IC P. NTITY PURSUANT TO GOVERNMENT CODE SECTION 91 0, Et ~q~q. on the interested parties in this action by placing the true copies thereof enclosed in sealed envelopel addte~ed as stated on the attached mailing lisl: by placing X:~Cthe original [] a true copy thereof enclosed in sealed envelop,m addreued as follows: . COUNTY OF RIVERSIDE CLERK OF THE BOARD 4080 Lemon Street, 14th Floor Riverside, CA 92501 [~] BY MAIL EZ] el deposited smash envelope in time toni at , Cahforn|a. The envelope m ramled witll piNrole thereon fully ptelmid. ~I As foilo~ei: [ lira "teldily familiar" with the finn's practice of collection aM pnxe~linI con'espondence for maLlrag. Under that ptxctXl it ~ tie (~.p~!~e. e4 with U.S. poltal service on that same day with poltale thereon fully prepaid at M~ .~.~'Lnn V'i,c, jo Cal/fornm in tile ordinary coum of boaiM. i am aware that on mot,on of the party served, service il ptmumed in~,llid Lf poetal cancellation date or pcmmll meter date i~ mote than one day after date of deposit for mailing in t¢~davit. Executed on Oc. tc~h,ar 15 , 19 90, at Mission Vie-~o . California. ["I **(BY EERSON AL SERVICE) [ delivered sucl~ en~lolme by hamt to the off~el of the addt~maee. Executed on , 19 , at , California. E(State) I declare under penalty of perjury under the la~ of the State of Calit'otma that the above Lt true and correct. (Federal) I declare that I am employed in the office of a roerobe' of tIN bat of thm court at wboee diMion the service was made. ITEM NO. 7 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Deputy City Clerk September 25, 1990 Claim for Damages - Jeff Millikin RECOMMENDATION: Deny the Claim for Damages BACKGROUND: This claim was reviewed by the City's Liability Insurance Carrier who recommends the City Council deny the Claim of Jeff Millikin 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROBINSON & PHILLIPS 26722 Plaza Street, Suite 230 P.O. Box 9010 Mission VieJo, CA 92690-7010 (714) 582-6901 Attorneys for Plaintiffs · 0 C T 16 1990 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF RIVERSIDE IN THE MATTER OF THE CLAIM OF: ) ) JEFF MILLIKIN, ) ) AGAINST: ) ) STATE OF CALIFORNIA; ) DEPARTMENT OF TRANSPORTATION OF ) THE STATE OF CALIFORNIA-(CALTRANS); ) COUNTY OF RIVERSIDE; and CITY OF ) TEMECULA ) ) CLAIM FOR DAMAGES TO GOVERNMENTAL/PUBLIC ENTITY PURSUANT TO GOVERNMENT CODE SECTION 910, Et Seq. TO: STATE OF CALIFORNIA; DEPARTMENT OF TRANSPORTATION OF THE STATE OF CALIFORNIA (CALTRANS) BOARD OF CONTROL P.O. Box 3035 Sacramento, California 95812-3035 COUNTY OF RIVERSIDE CLERK OF THE BOARD 4080 Lemon Street, 14th Floor Riverside, California 92501 CITY OF TEMECULA CITY CLERK 43172 Business Park Drive P.O. Box 3000 Temecula, California 92390 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JEFF MILLIKIN, hereby makes claim against the STATE OF CALIFORNIA; DEPARTMENT OF TRANSPORTATION OF THE STATE OF CALIFORNIA (CALTRANS); the COUNTY OF RIVERSIDE; and the CITY OF TEMECULA, for wrongful death damages and makes the following statements in support of his claim: 1. Claimant currently resides at 1857 Aleppo Court, Thousand Oaks, California 91360. 2. All notices or other communications with regard to this claim should be sent to Kevin F. Calcagnie of ROBINSON & PHILLIPS, 26722 Plaza Street, Suite 230, Mission Viejo, California 92690. 3. The date and place giving rise to this claim are: May 25, 1990, at approximately 5:00 p.m., on SR-79 north (Winchester Road), 800 feet south of 79RNR400 at the inter- section of Nicholas Road in Riverside County. 4. The circumstances giving rise to this action are as follows: Claimant suffered the loss of his mother, Natalie Bell, who sustained fatal injuries in a traffic collision as a proximate result of the existence of dangerous conditions of property owned, designed, constructed, maintained and repaired by the aforementioned governmental/public entities. Claimant contends that the governmental/public en- tities, and each of them, created the dangerous conditions of property further described herein. It is claimant's contention that dangerous conditions existed at the subject location, and that the governmental/public entities had actual and constructive notice of same. Said 1 3 5 10 11 13 15 16 19 23 dangerous conditions include, but are not limited to, the follow- ing: A. The absence of any advance warning of the aforemen- tioned intersection including, but not limited warning signs, markers, flashing warning lights, or other traffic control devices to warn of the presence of the intersection, and the fact that vehicles would be stopping, changing speed, turning, or changing lanes. B. The absence of any or sufficient recovery space on either side of the subject roadway to accommodate vehicles attempting to avoid stopped, out of control or errant vehicles obstructing their paths. C. The absence of a turn lane, turn pocket or median to allow vehicles to turn left safely without obstructing the flow of through traffic. D. The absence of sufficient roadway width to safely ac- commodate the volume, direction, movement, and flow of traffic using the roadway on a daily basis. E. The absence of any or adequate median barriers to protect vehicles from errant traffic crossing over and traveling in an opposing direction. F. The absence of adequate or any roadway markings, con- trols, signs or lighting to enable drivers to maintain safe speeds and remain in appropriate travel lanes. G. A posted speed limit in excess of a safe speed for the daily traffic volume and for negotiation of the roadway at said location. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 H. The subject roadway was curved, banked, sloped, designed, constructed and maintained in such a manner as to cause vehicles to leave the appropriate travel lanes. I. The roadway and adjacent property were designed, con- structed, and maintained in such a manner as to obstruct the vision of drivers, thereby interfering with the safe operation of vehicles. J. The existence of debris and other material on and ad- Jacent ot the subject roadway which obstructed the vi- sion of motorists and interfered with the normal flow of traffic and the safe operation of motor vehicles. K. The condition of the adjacent hillside/slope and/or roadway allowed dirt and other debris to encroach upon the highway, exposing motorists to injury. L. The roadway was improperly surfaced, striped, con- toured, signed, regulated, monitored, signalled, and controlled by Defendants' employees, thereby interfering with the safe operation of motor vehicles. M. The absence of any or adequate warnings of the aforementioned conditions and other hazards to motorists on the roadway. 5. At all times herein mentioned, the governmental en- tities, and each of them, were responsible for the planning, design, supervision, control, construction, servicing, manage- ment, inspection, operation, signing, striping, maintenance, repair, traffic control, and other activities related to the roadway where the subject accident occurred, including, but not 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 limited to, property adjacent to the subject roadway which directly affected the amount, type and direction of traffic on the subject roadway. 6. That at said time and place, the government entities by and through their employees, agents, servants, and independent contractors, proximately caused the injuries and damages as hereafter mentioned to claimant by negligently, wantonly, reck- lessly, tortiously, wrongfully, unreasonably, and unlawfully: A. Planning, designing, construction, owning, possessing, controlling, operating, maintaining, servicing, in- specting, repairing and monitoring said roadway and ad- jacent property and roadways, including, but not limited to, the geometric design, design controls, ac- cess controls, traffic controls, warning devices, topography and physical features; B. Supervising, controlling, contracting, inspecting, repairing, maintaining, monitoring, and working on or at said roadway and adjacent property and roadways with regard to design configurations, geometrics, sight dis- tances, traffic control devices, warning devices, topography, vegetation, shrubbery, appurtenances, physical features, fixtures on and adjacent to said roadway and adjacent property and roadways, which created dangerous conditions which were not reasonably apparent to prudent motorists such as decedent; C. Failing to guard, warn, and protect motorists of hazards which governmental entities knew about, or in the exercise of reasonable diligence should have known 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 about; D. Designing, constructing, owning, supervising, control- ling, testing, entrusting, permitting, managing, main- taining, servicing, repairing, inspecting and operating with regard to the roadway or adjacent property and roadways, so as to cause, permit, and allow dangerous, defective and unsafe conditions at the accident site to exist; E. Failing to install appropriate traffic control devices, including barriers, signs, signals, road markers, striping, and the like; failure to install warning signs, signals or devices to apprise motorists of the dangerous conditions at the roadway or adjacent property and-roadways which were not reasonably ap- parent to motorists; and failing to otherwise advise or control motorists and traffic at or near said roadway or adjacent property and roadways, of the danger; and F. Conducting themselves with reference to this roadway so as to proximately cuase the death of decedent and the injuries and damages sustained by claimant herein. The conduct of the governmental entities, and each of them, caused dangerous conditions that created a substantial risk of the type of injuries hereinafter alleged when such roadway was used with due care in a manner in which it was reasonably foreseeable that it would be used. 7. On May 25, 1990, and at all times prior thereto, the above-described public property was in a dangerous and hazardous condition that created a substantial risk of the type of injuries 1 2 3 4 5 6 7 8 9 10 11 12 13 .14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 herein alleged when the property was used with due care in a man- ner which was reasonably foreseeable. 8. The governmental entities, and each of them, at all times, had actual knowledge of the existence of the dangerous conditions at the roadway and knew, or should have known, of its dangerous character a sufficient period of time prior to the injury to have taken measures to protect against the dangerous conditions in that, and not by way of limitation, said governmen- tal entities knew of the occurrence of previous, similar acci- dents at or near the accident site; received, or were aware of reports, complaints, claims and notices to governmental entities advising them of the dangerous conditions prior to the subject accident, and the dangerous conditions had existed for a suffi- cient period of time prior to the sRbJect accident, and were of such an obvious nature that governmental entities, in the exer- cise of due care, should have discovered the conditions and the dangerous character. The aforementioned governmental entities, and each of them, had the authority and it was their respon- sibility to take adequate measures to protect against the dan- gerous conditions at their expense, and the funds or other means were immediately available to them. 9. At the aforementioned time and place, the deceased had been operating a motor vehicle at the site of the subject acci- dent in a reasonable, prudent and lawful manner. As a proximate result of the existence of the aforementioned dangerous condi- tions and the negligence of the aforementioned governmental en- tities, the decedent's vehicle was struck by another vehicle, resulting in the subject accident. (See Traffic Collision Report 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 - 16 17 18 19 20 21 22 23 24 25 26 27 28 attached hereto as Exhibit "A.") 10. As a proximate result of the subject collision and the aforementioned wrongful death, claimant has suffered the loss of his mother. Claimant has sustained pecuniary loss resulting from the loss of love, care, companionship, comfort, services, society, solace, affection, instruction, advice, training, guidance, protection, counsel, support, loss of financial sup- port, financial contributions, accumulations, inheritance, and right of inheritance of said decedent and has suffered grief and sorrow all to his damage in an amount according to proof. Jurisdiction over this claim would rest in the Superior 11. Court. 12. The names of the public employee or employees causing or contributing to claimant's resulting damages are presently un- known to claimant. DATED= October 15, 1990 ROBINSON & PHILLIPS Attorneys km FROM VEHICLE LI_LL_I_I-: _2T_I__ '.; _] # .... ,2'-'-J_ ..2' ...... 222, ......2222 ........I'lI"""""i ~ ) [] !olal o l o ! a I ol [] I'~!'~'°'1'''o i ~ t~,lt'l+-,lul m I; i~':1 ~'!ul u lul~!ul u I /lilll~lmllmllm!imll ~l/~.llmllmllm/t!~lm ii lll~.~ ° C I ' LOt4TiON OF !s/TIZCAL EV~ilCl ['~ ,3 ' '//~, ~116~. ,,F ,v, co~ t ~. 3' %,- ~u/~o,6 oF ,r.~. ~/ ,I t .T:s N~q T._" & f~ ,L':YTB-.'~et " ~ $Ue$~lmmSmfm~.?r I==l' DmtllUlmUlmC;&?! ~]llrlJll.....r;'~lr.l.r,,l· ,! T~.. / f~.,. l& - It 33. ~4. 2~. ~1. ..... DN [~'vE,,~UPPI,.EM_ENTAL '6 9. 10. 11. 20. 21, 22. ~7, V UI~J~REN~]~ f21. ~22. ,12. 14. 11. .21. 22 p. p. .I. VERIFICATION STATE OF CALIFORNIA. COUNTY OF ! have read th~ forqoinI and know tim cottents. [] CHECK APPLICABLE PARAGRAPH [] I am a party to this action. The mitten stated in the troregoinl document are true of my own knowledge except those marten which m stated on information and belief, and as to tho~ marten I believe them to be true. ~'~ [ am ~ an Officer f'l a partner [] a of a party to this action. and,am authorized to make this verification for and on its behalf, and [ make this verification for chat reason. ~ f am reformed and believe and on that Found allele that the mitten stated in the foregoing document are true. ~ The matters stated in the foreloinl document are true of my own know|edle except as to those matters winch are stated on information and belief, and as to those mitten I believe them to be true. I am one of the attorneys for a party to this action. Such party is absent from the county of aforesaid where such attorneys have their offices. and I make this verification for and on behalf of that party for that reason. [ am informed and believe and on that ground allege chat the mitten stated in the foreloreI document are tr~e. Executed on , 19 , at , Cahfornta. [ declare under penalty of perJuP/under the laws of the State of Californm that the foregoinI ~s true and correct. Type or Pnnt Namo Snpature PROOF OF SERVICE 101IA (3) CCP ~ ~/I/I STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed m the county of Orange , State of California, I am over the ale of Ig and not a party to the within action; my 26722 PI~ Street. Suite 230. Mission Viejo, CA 92690-7010 O. Oct. 15 , 89 90, I seM the forelores document d~c~be~ -- CLAIM FOR DAMAGES TO GOVERNMENTATJPURLIC ENTITY PURSUANT TO GOVERNMENT CODE SECTION on the interested parties m this actton by placinI the true copies thereof enclosed in sealed envelope addtested as stated on the litached mailinl hst: by placmg~C~the onlma| C3 a true copy thereof enclosed in salad envelope addressed u follows: COUNTY OF RIVERSIDE CLERK OF THE BOARD 4080 Lemon Street, 14th Floor Riverside, CA 92501 BY MAIL C~] *[ deposited s~,h eavdqll in tim mail at , Caitforma. The envelope ~as maikd with prorole thereon fully prepaid. [~1 As foilore: [ am "reldily flmiliit" with the tru'm's practice of collection and proce~inl correspondence for matling. Under that prigtin ig eouid be lhllal~11d widl U.S. I:loltli tel'viol on that same day with pOllale thereon fully prepaid at Mi .q.qinn V~-~o Calilrornia in th~ ordinary con of bullnan. ! am am that on motion of the party ser,~ed, servim is prommad invulid i[ pemal cancellation dat~ or poring m~m' da~ is mor~ than one day after date of deposit for madinl in alTMavit. Executed on Oc. tnhpr 15 , 1990. at Mission Viejo , California. · "(BY i~ERSONAL SERVICE) [ dsllvofud such envdopa by hand to thl ofiT~0g of tha Mdrnsat Executed on , 19 , at , Califorma. (State) [ declare undar penalty of pm'*jury undaf th~ laws of th~ $t810 of Cdifofilia that tba abov~ is true and correct, (Federal) [decla~ethat~ammp~y0dinthaof~caofam~mbeofth~bm~ofthi~ceurtatwh~ediructi~ntheserv:cewas .~HERRY f,. P~RRY , ,., Type or Print Nan~ J u~il~Mturm 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 November 13, 1990 Substitution of Bonds For Construction of Storm Drains In Tract No. 23371 PREPARED BY: R ECOMMEN DAT I ON: Robert R ighetti That the City Council accept bonds for storm drain improvements in Tract No. 23371 in substitution for bonds required by Agreement dated November 1~, 1989 and on file with the County of Riverside, and direct the City Clerk to so advise the appropriate Riverside County Districts and Departments. DISCUSSION: The Conditions of Approval for Tentative Tract No. 23371 required that certain major storm drains be constructed in Margarita Road and La Serena Way. A n Agreement between the Margarita Village Development Company ( Developer ) and the County of Riverside (County), and the Riverside County Flood Control and Water Conservation District (District) required that faithful performance and payment bonds for these drainage improvements be provided to the County prior to the recording of any unit of Tract No. 23371 or upon notifying the District of start of construction. The Board of Supervisors executed subject Agreement November 1~, 1989. In conformance with the Agreement, the Developer delivered subject bonds to the District November 17, 1989. The District then transmitted these bonds to the County Road Commissioner's Office. The District is to inspect the construction of these major drains, approve and accept as complete, and then accept ownership and responsibility for the operation and maintenance of storm drains subject to conditions of the Agreement. The Developer requests that a new set of bonds be substituted for the bonds delivered to the County. This is occasioned by a change of surety. STAFFRPT\FVT23371 1 The bonds on file were furnished by Insurance Company of the West: Bond Number Amount Faithful Performance Material and Labor No. 114 70 96 No. 114 70 96 $1,580, 731.25 $1,580, 731.25 The bonds Company: offered in substitution are furnished by Allied Mutual Bond Number I risurarice Amount Faithful Performance Material and Labor Bd. 7960 534979 Bd. 7980 534979 $1,580,731.25 $1,580, 731.25 FISCAL IMPACT: Not Determined. SUMMARY: Staff recommends that the City Council ACCEPT the substituted bonds for storm drain improvements in Tract No. 23371 and DIRECT the City Clerk to advise the Riverside County Road Department and the Riverside County Flood Control and Water Conservation District of said substitution of bonds. AC:ks AttaChment: Location Map STAFFRPT\FVT23371 2 I o S an D,e9o VICINITY MAP N.T.S. FAITHFUL PERFORMANCE BOND County of Riverside, State of California (Government Code Section 66499.1) FOR: Streets & Drainage Water System Sewer System $1,580,731.25 $NIL $NIL Tract No. 23371 Parcel Map No. Bond No. Bd 7900 534979 Premium $11,065.00 Surety ALLIED Mutual Insurance Company Principal Margarita Village Development Co. Address P.O. Box 1820 ' Address City La Mesa, CA City Zip Code 92044 Zip Code WHEREAS, The County of Riverside, State of California, and Buie RanchoCalifornia, Ltd. (a ltd. part.) &NevadaRanchoCalifornia Ltd. (a ltd. Dart.) a ~oint venture dbaMar~arita Village Development ComDanV (hereinafter designated as "principal") have entered into, or are about to enter into the attached agreement(s) whereby principal agrees to install and complete the above-designated public improvements, relating to (Tract/Parcel) Map Number 23371 , which agreement(s)' is/are hereby referred to and made a part hereof; and, WHEREAS, said principal is required under the terms of said agreement(s) to furnish bond(s) for the faithful performance' of said agreement(s); NOW, THEREFORE, we the principal, and ALLIEDMutual Insurance Company , as surety, are held and firmly bound unto the County of Riverside, in the penal sum of OneMillion Five Hundred Eight3 Thousand Seven HundredThirty One & ~Dollars ($ 1.580.731.25 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bonded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at. the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Riverside, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified 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. FAITHFUL PERFORMANCE BOND The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed 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 an< agrees that the provisions of Section 2845 of the Civil Code are not a condition precedent 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 the amount of the obligation of this bond is reduced by 90% with the remaining 10% held as security for the one-year maintenance period provided for in the agreement(s). IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named on October 19 , 19 90 . NAME OF PRINCIPAL: Buie Rancho California Ltd. (a ltd. part. ) & Nevada Rancho ./'Tit e Vice President ("' ~j-/~ ~tle Assistant Secretary //// , ' ( F C SEAL) NAME OF SURETY: ALLIED~ml 7 AUTHORIZED SIG~IATURE: ~~Fac'~' Title Keith E. Cl~nts (IF CORPO~TION, AFFIX SEAL) ATTACH NOTARIAL ACKNOWLEDGEMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT. STATE OF CALIFORNIA CERTIFICATES OF ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. County of ) On this day of a notary public, personally appeared in the year __ CERTIFICATE OF ACKNOWLEDGEMENT INDIVIDUALS ., before me personally known to me, or proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he, she, or they executed it. Witness my hand and official seal on the day and year above written. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT ss. County of ) PARTNERSHIP On this day of in the year ~, before me , a notary public, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the person that executed this instru- ment, on behalf of the partnership and acknowledged to me that the partnership executed it. Witness my hand and official seal on the day and year above written. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT ss. _County of ) CORPORATION On this day of in the year __.. before me , a notary public, personally apl3eared , personally known to me, or proved to me on the/oasis of satisfactory evidence, to be the person who executed the within instrument as [] president, FT secretary, on behalf of the corporation therein named and acknowledged to me that the corpo- ration executed it. Witness my hand and official seal on the day and year above wdtten. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT ss. County of Sap. Diego ) CORPORATION 1990 Sherry Hoffman On this 19th day of October in the year __, before me a notary public, personally appeared Ke'i th personally 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 ALLIED MUTUAL INSURANCE COMPANY, the corporation therein named, and acknowledged to me that the corporation executed it. Witness my_ h_and_ a_nd_ o_ffi_ci_al _se_al_ o_n _th_e _da_y _an_d_y_ear above whiten. SHERRY HOFF~M~A, ~ ~ ( I~lP CLIO- CAUFO A ~ PRI;NLI~P~AL OFFICE IN ~ t~,N DII=GO COUNT1' ~ ~ Mr Comm~s.~o~ Esl~ A~I. 28. lg~2: ed 294 (1:a7)' 0'4 NOTARY PUBLIC STATE OF CALIFORNIA COUNTY OF SAN DIEGO On this 23rd day of October , 19 9__~0, before me, Maria C. Hanson , a Notary Public in and for said state, personally appeared Robert A. Wyatt , personally known to me.(or proved to me on the basis of satisfactory evidence) to be the M Vice President, and Sheryl A. ercado personally known to me (or proved to me on the basis of satisfactory evidence) to be the Assistant Secretary of THE BUIE CORPORATION, the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of BUIE-RANCHO CALIFORNIA, LTD., the limited partnership that executed the within instrument, said partnership being known to me to be one of the general partners of MARGARITA VILLAGE DEVELOPMENT COMPANY, the general partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner, that such partnership executed the same as such partnership and that such partnership executed the same. WITNESS my hand and official seal. OFFICIAL SEAL MARIA C, HANSON Notary Public-California SAN DIEGO C[::XJNIY My C~.sP' ll~n Expires 4 ,k~e2,1994 NOTARY PUBLIC Pawer af ~arney KNOW ALL MEN BY THESE PRESENTS That ALLIED Mutual Insurance Company. a corporation organized under the laws of the State of Iowa. with its principal office in the City of Des Moines, Iowa. hereinafter called 'Company'. does hereby make. constitute and appoint REITIt E. eLEMENTS STEvEN W. DOBSON SHERRY HOFFSIAN ELIZABETH H. WOOD MICHAEL W. THONIAS LA MESA, CA each in his individual capacity, its true and lax~-f'ul Attorney-In-Fact with full power and authority to sign. seal. and execute in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature (except bonds guaran- teeins the payment of principal and interest of notes. mortgage bonds and mortgages) in penalties not exceeding the sum of ( s 4,000,000.00 ) and to bind the Company thereby. as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and con- firmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE IX - EXECUTION OF CONTRACTS 'Section 2. Bonds, undertakings, and other obligatory instruments of similar nature, other than policies and endorsements. issued by the Corporauon shall be validly executed and binding on the Corporation when s~gned by the President, or a V~ce President, or by Attorney(s)-ln-Fact appointed by the President, or by a Vice President.' "Section 3. The President, or a Vice President, shall have the power to appoint agents of the Corporation, or other persons, as Attorney(s)-In-Fact to act on behalf of the Corporation in the execution of bonds, undertakings, and other obligatory instruments of similar nature, other than policies and endorsements with full power to bind the Corporation by their signature and execution of any such instru- ment. The appointment of such Attorney(s)-In-Fact shall be accomplisheel by Powers of Attorney s~gned by the President, or a Vice Pres- ident. 'l'his Poxver of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE IX - EXECUTION OF CONTRACTS 'Secuon 4. The Secretary, or an Assistant Secretary, is authorized to certify that any such Power of Attorney so signed shall be validly executed and bmding on the Corporation; and to certify that any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, to which this Power of Attorney is attached is and shall continue to be a valid and binding obligation of the Corporation, according to its terms, when executed by Attorney(s)-ln-Fact appointed by the President or a Vice President." "Section 5. It shall not be necessary to the valid execuuon and binding effect of the Corporation of any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, signed on behalf of the Corporauon by the President, or a Vice President, or Attorney(s)-In-Fact appointed by the President, or a Vice President. or any Power of Attorney executed on behalf of the Corporation appointing Attorney(s)-ln-Fact to act for the Corporation. or of any certificate to be executed by the Secretary, or an Assistant Secretary, as hereinabove in Section 2, 3, and 4 of this ArUcle provided. that the corporate seal be affixed to any such instrument but the person authorized to sign such instrument may affix the corporate seal, and a facsimile corporate seal affixed to any such instrument shall be' as effective and binding as the original seal.' 'Secuon 6. A Facsimile signature of the President, or of ~/Vice President, affixed to any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, or to a Power of Attorney signed by such President, or a Vice President. as herein in Sections 2 and 3 provided, or a facsimile signature of the Secretary, or of an Assistant Secretary to any certificate as herein in Section 4 provided, shall be effective and bradlag upon the Corporation with'the same force and effect as the original signatures of any such officers.~ 'Section 7. A facsimile signature of a former officer shall be of the same validity as that of an existing officer, when affixed to any policy or endorsement, any bond or undertaking, any Power of Attorney or certificate, as herein in Section 1, 2.3 and a provided." IN WITNESS WHEREOF. fl~e Company has caused these presents to be signed by its President and its corporate seal to be hereunto affixed this 03 day of ,.{UGUST 1990 #,'.~-.:~::.), ALLIED MUTUAL INSURANCE CON1PANY 1:-?' "3 - STATE OF IOWA ~';-.S:E~.'L'I av: ~FfiCx~x ' President COUNTY OF POLK ss ,m~'!:;:'~ ' On this 03 day of AUGUST , I'~'90, before personally came John E. Evans, to me known, who, being bv me duly sworn, pursuant to authority given by the Board of Directors of said corporation and that he has s~g ed his name thereto pursuant to like author- ity, and acknowledged the same to be the act and deed of said corporation. S. A. Denning ,-":'-'~ S.A. DENNING Notary Public in d a uv cou ,ss,o. Exp,aEs .e_,~. ,t-13-~2 '"-" CERTIFICATE I, the undersigned, Secretary of A LLI E D Mutual Insurance Company, a corporation organized under the laws of the State of Iowa, do hereby certify that the foregoing Power of Attorney is still in force, and further certify that Section 2, 3. 5, 6 and 7 of Article IX of the By-Laws of the Company set forth in said Power of Attorney are still in force. IN TESTIMONY WFIEREOF, I have subscribed mv name and affixed the seal of the company This Power of Attorney expires i~'~:;"~~ ' Secretary 00726 08/03193 Bd I (06-89) 00 MATERIAL AND LABOR BOND County of Riverside State of California (Covernment Code Section 66499.~) FOR: Streets & Drainage $ 1,580.731.25 Water System $NIL Sewer System $ NIL Tract No. 23371 Parcel Map. No. Bond ~]o. Bd7900 534979 Premium INCLUDED Surety ALLIED ~Mutual Ins.u~.ance Ccr~p_any Principal ~argarita Village Develo.crnent Co. Address P.O. Box 1820 Address City La ~sa, CA 92044 City ~{EREAS, the County of .Riverside, State of California, and' Buie Rancho California, Ltd. (a Ltd. part. ) & Nevada Rancho California Ltd. (a ltd. Dart. ) a joint venture dba ~rc~rita V~ ~ l age De. velo~n~nt Co~p~V , (hereinafter designated as "principal") nave entered into, or are about to enter into, the attached agreement(s) whereby principal agrees to install and complete the above designated public improvements relating to ~Tract/Parcel) Map No. 23371 , which agreement(s) is/are hereby referred to and made a part hereof; and, WHEREAS, under th& terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient patent bond with the County of Riverside to secure the claims to which reference is made. in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the County of Riverside and all contractors, subcontractors, laborers, material persons and other persons employed in the performance of the aforesaid agreemen% and referred to in the aforesaid Civil Code in the sum of One Million Five Hundred Eiohtv Thousand Seven Hundred. Thirty One & 25/100 Dollars ($1,580,731.25 ) for materisis furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount heroinabove se~ forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxes as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The surety hereby stipulated and agrees that no change, extension of time, alteration or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. Surety further stipulates and agrees that the provisions of Section 2845 of the Civil Code are not a condition precedent to the surety's obligations hereunder and are hereby waived by surety. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on October 19 , 19.90 · NAME OF PRINCIPAL: Baie~r~oC~lifuudaLtd. (a l~.p~rt.)&bbvaa~Cb/ifcrnia NAME OF SURETY: AUTHORIZED SIGNATURE: Keith E. Clements ( IF CORPORATION, AFFIX SEAL ) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURE OF PRINCIPAL AND ATTORNEY-IN-FACT. STATE OF CALIFORNIA COUNTY OF SAN DIEGO On this 26th day of 6cto~er , 19 90 before me, Maria C. Hanson , a Notary Public in and for said state, personally appeared Janes L. Resney , personally known to me (or proved to me on the basis of satisfactory evidence) to be the Vice President, and Douglas E. Buie personally known to me (or proved to me on the basis of satisfactory evidence) to be the Vice President of THE BUIE CORPORATION, the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of BUIE-RANCHO CALIFORNIA, LTD., the limited partnership that executed the within instrument, said partnership being known to me to be one of the general partners of MARGARITA VILLAGE DEVELOPMENT COMPANY, the general partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner, that such partnership executed the same as such partnership and that such partnership executed the same. WITNESS my hand and official seal. NOTARY PUBLIC STATE OF CALIFORNIA CERTIFICATES OF ACKNOWLEDGEMENT STATE OF CALIFORNIA ) SS, County of ) On this day of a notary public, personally appeared in the year __ CERTIFICATE OF ACKNOWLEDGEMENT INDIVIDUALS ., before me personally known to me, or proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he, she, or they executed it. Witness my hand and official seal on the day and year above wdtten. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT SS. County of ) PARTNERSHIP On this day of in the year __., before me , a notary public, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the person that executed this instru- ment, on behalf of the partnership and acknowledged to me that the partnership executed it. Witness my hand and official seal on the day and year above written. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT SS. County of ) CORPORATION On this day of in the year , before me a notary public, personally appeared , personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within instrument as [] president, [] secretary, on behalf of the corporation therein named and acknowledged to me that the corpo- ration executed it. Witness my hand and official seal on the day and year above wdtten. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT SS. County of San D'iecjo ) CORPORATION On this ]-gth day of October' in the year ],990 ~ before me Sh.e~..cy HoL~Lc~'rB..n a notary public, personally appeared Keith E. Clements personally 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 ALLIED MUTUAL INSURANCE COMPANY, the corporation therein named, and acknowledged to me that the corporation executed it. Witness my hand and official seal on the day and year above written. 1~ ~ OFFICIAL SEAL ~ ) O t P~INCIPAL OFFICE IN SAN DIEGO COUNTY ~ NOTARY PUBLIC Power of Attorney Insurance KNOW ALL MEN BY TItESE PRESENTS That ALLIED Mutual Insurance Company. a corporation organized under the laws of the State of Iowa. with its principal office in the City of Des Moines, Iowa, hereinalter called 'Company', does hereby make. constitute and appoint KEITII E. CLE.'%IE:N'TS STEVEN W. DOBSON SI-IEIIRY IIOFF:XlAN ELIZABET!t H. WOOD MICHAEL W. TtiO.MAS LA MESA, CA each in his individual capacity, its true and lawful Attorney-In-Fact with full power and authority to sign, seal, and execute in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature (except bonds guaran- teelag the payment of principal and interest of notes, mortgage bonds and mortgages) in penalties not exceeding the sum of ( S 4,000,000.00 ) and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and con- firmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE IX - EXECUTION OF CONTRA~S "Section 2. Bonds, undertakings, and other obligatory instruments of similar nature, other than policies and endorsements, issued by the Corporauon shall be validly executed and binding on the Corporation when signed by the President, or a Vice President, or by Attorney(s)-ln-Fact appointed by the President, or by a Vice President." "Section 3. The President, or a Vice President, shall have the power to appoint agents of the Corporation, or other persons, as Attorney(s)-ln-Fact to act on behalf of the Corporation in the execuuon of bonds, undertakings, and other obligatory instruments of similar nature, other than policies and endorsements with full power to bind the Corporation by their signature and execution of any such instru- ment. The appointment of such Attorney(s)-ln-Fact shall be accomplished by Powers of Attorney signed by the President, or a Vice Pres- ident. This Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by ~e Board of Directors of the Company. ARTICLE IX - EXECUTION OF CONTRA~S "Section ~. The Secretary, or an Assistant Secretary, is authorized to certify that any such Power of Attorney so signed shall be validly executed and binding on the Corporation; and to certify that any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, to which this Power of Attorney is attached is and shall continue to be a valid and binding obligation of the Corporation, according to its terms, when executed by Attorney(s)-In-Fact appointed by the President or a Vice PresidenL~ "Section 5. It shall not be necessary to the valid execution and bin~ng effect of the Corporation of any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, signed on behalf of the Corporation by the President, or a Vice President, or Attorney(s)-In-Fact appointed by the President, or a Vice President, or any Power of Attorney executed on behalf of the Corporation appoinung Attorney(s)-ln-Fact to act for the Corporation, or of ~ny certificate to ~ executed by the Secretary, or an Assistant Secretary, as hereinabove in Section 2, 3, and 4 of this Article provided, that the corporate seal be affixed to any such instrument but the person authorized to sign such instrument may a~x the corporate seal, and a facsimile corporate seal affixed to any such instrument shall be ~ effective and binding as the original seal." "Section 6. A facsimile s~gnature of the President, or of a .Vice President, 'affixed to any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, or to a Power of Attorney signed by such President, or a Vice President, as herein in Sections 2 and 3 provided, or a f~simile signature of the Secretary, or of an Assistant Secretary to any ceru~cate as herein in Section 4 provided, shall be effective and binding upon the Corporation with the same force and effect as the original signatures of any such officers.' "Section 7. A facsimile signature of a former officer shall ~ of the same validity as that of ~ existing officer, when affixed to any policy or endorsement, any bond or undertaking, any Power of Attorney or ~rtificate, as herein in Section 1, 2, 3 and a provided." IN WIT~'ESS Wi IEREOF, the Company has caused ~ese presen~ to be signed by i~ President and iu corporate seal to be hereunto a~xed this 03 day of $~UGUST 1990 ~;~;:~.1 ALLIED MUTUAL INSU~NCE COMPANY pursuan~ to ~u~hon~y given by ~he Board of Directors of sad corporaUon and tha~ he h~ sig cd his name thereto pursuant to like author- iW, and ackno~vledged ~he same to be the act ~nd decd of said corporation. ~~v S. A. Denning ,,"'/~ S.A. DENNING Notary Public in a uv couu,ss,oN ,e*, 4-13-92 CERTIFICATE I. the undersigned, Secretary of A L LIE D Mutual Insurance Company, a corporation organized under the laws of the State of Iowa, do hereby certify that the foregoing Power of Attorney is still in force, and further certify that Section 2, 3, 5, 6 and 7 of Article IX of the By-Laws of the Company set forth in said Power of Attorney are still in force. IN TESTI~IONY WHEREOF, I have subscribed mv name and a~xed fi~e seal of the companv ,1990 ~is 19~h day or' ~O~ ~,~.. .., This Power of Attorney expires ~:?:.'~i Secretary 00726 08103/93 Bd 1 (06-89) 00 ]nsur~ BOND RIDER NO. To be attached to and form a part of Bond No. Bd 7900 534979 dated the 19th day of October. 1990 issued by ALLIED Mutual Insurance Company, Des Moines, Iowa, as Surety in favor of The County of Riverside as Obligee, and with Buie Rancho California Ltd. (a ltd. part.) & Nevada Rancho California r.~d. (a ltd. part.) a joint venture dba Margarita Village Development Company as Principal. Now therefore, it is hereby agreed by the Principal and the Surety that the bond be amended as follows: The name of the Obligee is amended from: to: County of Riverside City of Temecula Provided, however, that the said bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified. This rider shall become effective as of the 19th day of October, 1990. Signed, sealed and dated this 22nd day of October. 1990. Bd 20 (7-78) 00 Buie Rancho California Ltd. & Nevada Rancho California Ltd. a Development The Buie Corporation, a Ca~iforni~orp., General Partner ~~~5~U~ N OMP ~ Y STATE OF CALIFORNIA CERTIFICATES OF ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. County of ) On this day of a notary public, personally appeared in the year CERTIFICATE OF ACKNOWLEDGEMENT INDIVIDUALS , belore me personally known to me, or proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is(are) subscribed to this instrument, and acknowledged that he, she, or they executed it. Witness my hand and official seal on the day and year above written. (SEAL) NOTARY PUBLIC STATE OF CALtFORNIA) CERTIFICATE OF ACKNOWLEDGEMENT ss. County of ) PARTNERSHIP On this day of in the year __,before me a notary public, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the person that executed this instru- ment, on behalf of the partnership and acknowledged to me that the partnership executed it. Witness my hand and official seal on the day and year above wntten. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT ss. County. of ) CORPORATION On this day of in the year ~, before me a notary public, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within instrument as Q president, E2] secretary, on behalf of the corporation therein named and acknowledged to me that the corpo- ration executed it. Witne.ss my hand and official seal on the day and year above written. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT ss. County of San Dj.ego ) CORPORATION On this 22rid day of October' in the year ],99__0,, before me She.=..c.~/' Hof:E:ma.n a notary public, personally appeared Faith E. Cleft'Pats personally 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 ALLIED MUTUAL INSURANCE COMPANY, the corporation therein named, and acknowledged to me thai the corporation executed it. above wntten. '~l L.C._...' · · )' ~' ~, ~"% NOTARY PUBLIC STATE OF CALIFORNIA COUNTY OF SAN DIEGO On this 23rd day of October , 19.90, before me, Maria C. Hanson , a Notary Public in and for said state, personally appeared Robert A. Wyatt , personally known to me.(or proved to me on the basis of satisfactory evidence) to be the Vice President, and Sheryl A. Mercado , personally known to me (or proved to me on the basis of satisfactory evidence) to be the Assistant Secretary of THE BUIE CORPORATION, the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of BUIE-RA/qCHO CALIFORNIA, LTD., the limited partnership that executed the within instrument, said partnership being known to me to be one of the general partners of MARGARITA VILLAGE DEVELOPMENT COMPANY, the general partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner, that such partnership executed the same as such partnership and that such partnership executed the same. WITNESS my hand and official seal. NOTARY PUBLIC Power of Attorney KNOW ALL MEN BY THESE PRESENTS That ALLIED Mutual Insurance Company. a corporation organized under the laws of the State of Iowa. with its principal of'rice in the City of Des Moines, Iowa. hereinafter called 'Company', does hereby make. constitute and appoint KEITH E. CLEMENTS STEVEN W. DOBSON SHERRY HOFF~IAN ELIZABETH H. WOOD MICiIAEL W. TIIOMAS LA MESA, CA each in his individual capacity, its true and lawful Attorney-ln-Fact with full power and authority to sign. seal. and execute in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature (except bonds guaran- teeing the payment of principal and interest of notes, mortgage bonds and mortgages) in penalties not exceeding the sum of ( s 4,000,000.00 ) and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and con- firmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Laws duly adopted by the Board of Directors of the Company. ART!CLE IX - EXECUTION OF CONTRACTS 'Section 2. Bonds, undertakings, and other obligatory instruments of similar nature, other than policies and endorsements, issued by the Corporation shall be validly executed and binding on the Corporation when signed by the President, or a Vice President, or by Anorney(s)-ln-Fact appointed by the President, or by a Vice President.' "Section 3. The President, or a Vice President, shall have the power to appoint agents of the Corporation, or other persons, as Attorney(el-In-Fact to act on behalf of the Corporanon in the execution of bonds, undertakings, and other obligatory instruments of similar nature, other than policies and endorsements with full power to bind the Corporation by their signature and execution of any such instru- ment. The appointment of such Attorney(el-In-Fact shall be accomplished by Powers of Attorney signed by the President, or a Vice Pres- ident. This Power of Attorney is signed and sealed by facsimile under and by the Following By-Laws duly adopted by the Board of Directors of the Company. ARTICLE IX - EXECUTION OF CONTRACTS 'Section 4. The Secretary. or an Assistant Secretary, is authorized to c~rtify that any such Power of Attorney so signed shall be validly executed and binding on the Corporation; and to certify that any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements. to which this Power of Attorney is attached is and shall continue to be a valid and binding obligation of the Corporation, according to its terms, when executed by Attorney(el-In-Fact appointed by the President or a Vice President.' 'Section 5. It shall not be necessary to the valid executson and binding effect of the Corporation of any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, signed on behalf of the Corporation by the President, or a Vice President. or Attorney(el-In-Fact appointed by the President, or a Vice President, or any Power of Attorney executed on behalf of the Corporation appointing Attorney{el-In-Fact to act for the Corporation, or of any certificate to be executed by the Secretary, or an Assistant Secretary. as hereinabove in Section 2, 3, and 4 of this Article provided, that the corporate seal be affixed to any such instrument but tile person authorized to sign such instrument may alTtx the corporate seal, and a facsimile corporate seal affixed to any such Instrument shall be as effective and binding as the original seal.' "Section 6. A Facsimile signature of the President, or of a Vice President, afl'txed to any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, or to a Power of Attorney signed by such President, or a Vice President, as herein in Sections 2 and 3 provided, or a Facsimile signature of the Secretary, or of an Assistant Secretary to any certificate as herein in Section provided, shall be effective and binding upon the Corporation with the same for~ and effect as the original signatures of any such officers.' 'Section 7. A Facsimile signature of a former officer shall b~ of the same validity as that of an existing officer, when affixed to any policy or endorsement, any bond or undertaking, any Power of Attorney or certificate, as herein in Section 1, 2, 3 and a provided.' IN WITNESS WHEREOF, the Company has caused these presents to be signed by its President and its corporate seal to be hereunto a~xed this 03 day of ~,~UGUST 1990 ' #~T;.;;:;:~., ALLIED IVIUTUAL INSURANCE COMPANY STATE OF IOWA ~.S>.E~.'i~t~ By: ~r?xoe~ President COUNTY OF POLK ss On this 03 day of AUGUST ,~'90, before ~. personally came John E. Evans, to me known, who, being bv me duly sworn, pursuant to authority g~ven by the Board of Directors of said corporation and that he ha=s sig ed his name thereto pursuant to like author- ity. and acknowledged the same to be the act and deed of said corporation. ;f~or~v S. A. Denning ,-"','~- S.A. DENNING Notary Public in a % uY couu,ss,oN ,e-,4-13-92 CERTIFICAI'E I, the undersigned, Secretary of ALLI E D Mutual Insurance Company, a corporation organized under the laws oft he State of Iowa, do hereby certify that the foregoing Power of Attorney is still in force, and further certify that Section 2, 3, 4, 5, 6 and 7 of Article IX of the By-Laws of the Company set forth in said Power of Attorney are still in force. IN TESTIN|ONY WHEREOF, I have subscribed my name and affixed the seal of the company this 22nd day of October .~~ , t9 90 ,t.~....~ This Power of Attorney expires ~.~::':;"'~.~ Secretar3',~ 00726 08/03/93 ~d I (06-89) 00 ITEM NO. 9 RESOLUTION NO. 90- 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 $249,798.23. SECTION 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOFrED, this 13th day of November, 1990. ATTEST: Ronald J. Parks, Mayor June S. Greek, Deputy City Clerk [SEAL] 3/Resos 111 ., ~ n O L C 0 Ou >,r- pr, j ~J r~ m E Z\ 1'-- b- '8 -0 '-~ ~ C'I C'4 ~ C30 ""* ~ r.'3 t.':~ c,l 0- U3 C'l r.9 ~- m b3 q3 t"- ~ t'3 t'3 · -4 ,--, C'4 C'I r-- ,-i ,-~ -0,4 q3 ~ ~ ¢ U U W U H U O U ~ U g U b3 U3 ~1 ~3 U3 ~ U ~ F U u ~ U U3 ~ t":, \ l-- ,Y 0 Z ¢ .J U E:C, >.-,. v' I.'] I- C. 0 ~..:~ C, 0 ,5 0 0 C' ~ 'D 'D C' ~ C' C' ~ O O C' ':' C' 'D ':. 'D O W C' C' C' ~t"3 ZF':' t'9 r.'3 ~t'9 t'9 UF9 _ C"4~ ~ H > P) ~ r.') ~ t.'~ F t.-i j r..:l o t.9 ~ r.') J o c, C'.l C'4 C, ,D ~ '3 ~ ~ ~ E ~ 3 C.~ O\ ~\ .\ W\ ¢\ ¢\ Wx J\\\\\~ Ox\ D\ ¢'- ~'2, W'D ~O ~'=. 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ORDINANCE NO. 90-21 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. 5714, CHANGING THE ZONE FROM M-SC (MANUFACTURING- SERVICE COMMERCIAL) TO C-P-S (SCENIC HIGHWAY COMMERCIAL) ON PROPERTY LOCATED ON THE NORTHWEST CORNER OF WINCHESTER ROAD AND JEFFERSON AVENUE. 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. 5714 and in the above rifle, 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 13th day of November, 1990. ATTEST: Ronald J. Parks, Mayor June S. Greek, Deputy City Clerk 3/Ords 90-21 -l- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, Deputy City Clerk of the City of Temecula, doe hereby certify that the foregoing Ordinance No. 90-21 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 30th day of October, 1990 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 13th day of November, 1990 by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, Deputy City Clerk 3/Orda 90-21 -2- ITEM NO. 11 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Engineering Department'~ November 5, 1990 Three Party Cooperative Agreement for Parcel Map No. 23496 PREPARED BY: RECOMMENDATION: DISCUSSION: Douglas M. Stewart APPROVE the Cooperative Flood Control Agr~-nent for Parcel Map No. 23~96 and AUTHORIZE the Mayor to Sign the Agreement. Bedford Development Company has submitted for approval Parcet Map No. 23496 in the City of Temecula, and as a condition for approval must construct certain flood control facilities in order to provide flood protection for the developer's planned development. Parcel Map No. 23496 is located north of Rancho California Road'south of Solana Way, west of .Ynez Road and east of 1-15 and is a commercial development. The required flood control facilities consist of an underground t-cell reinforced concrete box extending from 1-15 upstream to Ynez Road. Bedford Development Company will construct the facility under this agreement. The Riverside County Flood Control and Water Conservation District will inspect the construction of the facility and upon completion will assume ownership and responsibility for the operation and maintenance. Under this agreement the City agrees to: 1 ) Accept and hold bonds for the project, 2) Record the offer of dedication of easement, STAFFRPT\PM23496 1 Grant the District the right to operate and maintain the project within City rights-of- way, and Accept responsibility for operation and maintenance of the project i n lets and connector pipes within City rights-of-way. STAFFRPT\PM23496 2 DISTRICT, hereinafter called "DISTRICT", the CITY OF TEMECULA, hereinafter called "CITY", and BEDFORD DEVELOPMENT COMPANY, a 6 7 8 9 10 !i 12 13 16 17 18 19 20 21 22 23 2~ 2~ 26 27 28 AGREEMENT (Parcel Map No. 23496) The RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION California corporation, hereinafter called "DEVELOPER", hereby agree as follows: RECITALS A. DEVELOPER has submitted for approval Parcel Map No. 23496 in the City of Temecula, and as a condition for approval DEVELOPER must construct certain flood control facilities in order to provide flood protection for DEVELOPER'S planned development; and B. The required facilities include approximately 1100 lineal feet of underground 4-Cell reinforced concrete box, hereinafter called "PROJECT", extending from Interstate 15 upstream to Ynez Road, as shown in red on Exhibit "A" attached hereto and made a part hereof; and C. DEVELOPER desires DISTRICT to assume ownership and responsibility for the operation and maintenance of PROJECT. Therefore, DISTRICT must review and approve the plans and specifications and subsequently inspect the construction of PROJECT; and D. DISTRICT is willing to review and approve the plans and specifications prepared by DEVELOPER for PROJECT, and is willing to inspect the construction of PROJECT; and - 1 - 1 2 6 8 9 10 11 12 18 16 17 18 19 20 21 22 2~ 2~ 2~ 26 27 28 E. DISTRICT is willing to assume ownership and responsibility for the operation and maintenance of PROJECT, excluding inlets and connector pipes within CITY rights of way, provided, (i) DEVELOPER complies with this agreement, (ii) DEVELOPER deposits with DISTRICT the amount specified herein to cover DISTRICT'S construction inspection costs for PROJECT, (iii) DEVELOPER pays DISTRICT the amount as specified herein to cover DISTRICT'S operation and maintenance costs for PROJECT, (iv) PROJECT is constructed in accordance with plans and specifications approved by DISTRICT, (v) DEVELOPER provides for and ensures the downstream design flood flow discharge capacity of PROJECT by constructing and maintaining, from Interstate 15 downstream to Murrieta Creek, such interim outlet channel facilities ("INTERIM OUTLET CHANNEL") as determined and approved by DISTRICT as set forth herein, and (vi) DEVELOPER obtains and conveys to DISTRICT the necessary rights of way for the operation and maintenance of PROJECT as set forth herein; and F. CITY is willing (i) to accept and hold faithful performance and payment bonds submitted by DEVELOPER for PROJECT, (ii) to consent to the recording of Irrevocable Offers of Dedication furnished by DEVELOPER as provided herein, (iii) to grant DISTRICT the right to operate and maintain PROJECT within CITY rights of way, and (iv) to accept responsibility for the operation and maintenance of PROJECT inlets and connector pipes within CITY rights of way, provided PROJECT is constructed in accordance with plans and specifications approved by DISTRICT and CITY. - 2 - I 2 3 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 follows: NOW, THEREFORE, the parties hereto mutually agree as SECTION I DEVELOPER shall: 1. Prepare plans and specifications for PROJECT in accordance with DISTRICT standards and submit the plans and specifications to DISTRICT for its review and approval. 2. Deposit with DISTRICT (Account No. 8-8-398-80-70) the sum of $43,600.00, the estimated cost of providing construction inspection for PROJECT, at the time of providing written notification to DISTRICT of the start of construction as set forth in Section 1.6. herein. 3. Pay DISTRICT (Zone 7 Maintenance Trust Fund No. 732-64-950-3211), upon execution of this agreement, the one time cash sum of $95,200.00, the agreed upon DISTRICT estimated cost for operation and maintenance of PROJECT through the year 1998. 4. Secure all necessary licenses, agreements, permits an~ rights of entry as may be needed for the construction, inspection, operation and maintenance of PROJECT and/or INTERIM OUTLET CHANNEL,i including, but not limited to, such licenses, agreements, permits or rights of entry as may be required from CITY, the California State Department of Transportation ("Caltrans"), California State Department of Fish and Game and/or the United States Army Corps of Engineers. DEVELOPER shall furnish DISTRICT, at the time of providing written notification to DISTRICT of the start of construction as set forth in Section 1.6. herein, or not less than twenty (20) days prior to recordation of the final map for Parcel - 3 - l i Map No. 23496, or any phase thereof, whichever occurs first, with 2 i! sufficient evidence of DEVELOPER having secured such necessary 3 !! licenses, agreements, permits and rights of entry, as determined 4 and approved by DISTRICT. 5 6 ? 8 5. Provide CITY, at the time of providing written notification to DISTRICT of the start of construction as set forth in Section 1.6. herein, or prior to recordation of the final map for Parcel Map No. 23496, or any phase thereof, whichever occurs 9 first, with faithful performance and payment bonds, each in the 10 amount of 100% of the estimated cost for construction of PROJECT as 11 12 !3 determined by DISTRICT. The surety, amount and form of the bonds shall be subject to the approval of DISTRICT and CITY. The bonds shall remain in full force and effect until PROJECT is accepted by '141. DISTRICT as complete; at which time the bond amount may be reduced 15 to 10% for a period of one year to gUarantee against any defective 16 work, labor or materials. 17 6. Notify DISTRICT in writing (Attention - Michael D. 18 Rawson) at least twenty (20) days prior to the start of 19 construction of any element of PROJECT. 20 7. Obtain and provide DISTRICT, at the time of providing 21 written notification to DISTRICT of the start of construction of 22 PROJECT as set forth in Section 1.6, or not less than ten (10) days 23 prior to recordation of the final map for PROJECT, or any phase 24 thereof, whichever occurs first, with duly executed Irrevocable 25 Offers of Dedication of easements to the public for flood control [ 26 ' and drainage purposes, including ingress and egress, for the rights 27 of way deemed necessary by DISTRICT for the construction, 28 !~ - 4 - inspection, operation and maintenance of PROJECT, as shown in concept in blue on Exhibit "B" attached hereto and made a part 3 [I hereof. 4 5 ? 9 10 I1 12 13 8. Furnish DISTRICT when submitting the Irrevocable Offers of Dedication, with Preliminary Reports on Title, dated no more than thirty (30) days prior to date of submission for all property described in the Irrevocable Offers of Dedication. 9. Construct, or cause to be constructed, PROJECT at DEVELOPER'S sole cost and expense in accordance with plans and specifications approved by DISTRICT. 10. Construct, or cause to be constructed, INTERIM OUTLET CHANNEL, which shall include, but not necessarily be limited to, such debris removal and excavation work deemed necessary by 14~ DISTRICT to ensure the downstream design flood flow discharge 15 capacity of PROJECT. Such work shall be completed, as determined 16 by DISTRICT, prior'to DISTRICT acceptance of PROJECT as being 17 18 19 20 21 22 23 25 26 27 28 complete~ ~r n~ le~ th~n t~;cnty (20) dayc pricr tc r~rd~gn o~ tho final m~p fer P~r~l M~F Me. ~349~, or any phac~ thc_rg~f, wh.~haver oQ~,,r~ f~r~=_ At that same time, DM~PER shall additionally remove, or cause the removal, of such accumulated debris within Caltrans' Interstate 15 rights of way, as detemined and approved by DISTRICT, and as allowed under a pemit issued by Caltrans for such work as specified in Section 1.4. herein. 11. Own, operate and maintain INTERIM OUT~T C~NNEL. Such operation and maintenance shall be perfoxed in a manner as to ensure the functional downstream design flood flow discharge capacity of PROJECT as dete~ined by DISTRICT. - 5 - 'i 12. Upon completion of construction of PROJECT, and acceptance of all "on-site" street rights of way by CITY as deemed necessary by DISTRICT and CITY for the operation and maintenance oi PROJECT but prior to DISTRICT acceptance of PROJECT for operation and maintenance, convey, or cause to be conveyed to DISTRICT flood control easement(s), including ingress and egress, in a form approved by DISTRICT, for the rights of way shown in concept in blue on Exhibit "B". a. 5 6 '7 8 13. At the time of recordation of the conveyancing i0 document(s) set forth in Section 1.12., furnish DISTRICT with 11~' policies of title insurance, each in the amount of not less than 12 fifty thousand dollars ($50,000.00) for each parcel to be conveyed 13 to DISTRICT, guaranteeing DISTRICT'S interest in said property as 14~ being free and clear of all liens, encumbrances, assessments, 15 18 17 18 19 20 21 22 2Z easements, taxes and leases (recorded and unrecorded), and except those which, in the sole discretion of DISTRICT, are acceptable. 14. Assume sole ownership and responsibility for the operation and maintenance of PROJECT, until such time that PROJECT ownership is accepted by DISTRICT as set forth in Section II.6. herein. 15. Pay, if suit is brought upon this contract or any bond guaranteeing completion of PROJECT, all costs and reasonable expenses and fees, including reasonable attorneys' fees, and 24 ',i acknowledge that, upon entry of judgment, all such costs, expenses 25'and fees shall be taxed as costs and included in any judgment 26 ~l rendered. and assign their ownership to DISTRICT. 16. Furnish DISTRICT with final mylar plans for PROJECT 3 [i SECTION II DISTRICT shall: 1. Review and approve plans and specifications prepared 6 by DEVELOPER for PROJECT, prior to the start of construction. 2. Provide CITY an opportunity to review PROJECT design plans prior to DISTRICT final approval · 3 Record, or cause to be recorded, the Irrevocable · Offers of Dedication provided by DEVELOPER pursuant to Section 1.7.a 11 12 13 14 4. Upon execution of this agreement, record or cause to be recorded, a copy of this agreement in the Official Records of . the Riverside County Recorder. 5. Inspect the construction of PROJECT. 15 6. Accept ownership and responsibility for the operation 16 and maintenance of'PROJECT, excluding inlets and connector pipes 17 18 19 within CITY street rights of way, upon (a) DISTRICT acceptance of the construction of PROJECT as being complete, (b) recordation of the conveyancing documents described in Section 1.12., and (c) 20 DEVELOPER'S completion, at DEVELOPER'S sole cost and expense, of 21 the construction of interim outlet channel facilities and/or 22 23 24 maintenance work as may be determined necessary by DISTRICT, including, but not necessarily limited to, excavation work and removal of accumulated debris. 25 7. Keep an accurate accounting of all DISTRICT 26 27 28 construction inspection.costs, and within thirty (30) days after DISTRICT acceptance of PROJECT as being complete, submit a cost - 7 - 1 2 3 5 6 7 8 9 statement to DEVELOPER. If inspection costs should at any time exceed the deposit as set forth herein, DEVELOPER shall pay the additional amount as may be deemed necessary by DISTRICT to cover its inspection costs, upon demand by DISTRICT. If the deposit exceeds said inspection costs, DISTRICT shall reimburse DEVELOPER the excess amount within forty-five (45) days after DISTRICT acceptance of PROJECT as being complete. 8. Provide CITY with "as-built" mylar plans for all PROJECT facilities constructed within CITY rights of way, upon DISTRICT acceptance of PROJECT as being complete. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION III CITY shall: 1. Review and approve plans and specifications prepared by DEVELOPER for those portions of PROJECT within CITY rights of way, prior to the start of construction of PROJECT. 2. Accept the CITY and DISTRICT approved faithful performance and payment bonds submitted by DEVELOPER as set forth in Section 1.5., and hold said bonds as provided herein. 3. Consent to the recording of any Irrevocable Offer of Dedication furnished by DEVELOPER pursuant to this agreement. 4. If requested by DISTRICT, accept the Irrevocable Offer(s) of Dedication as set forth herein, and any other outstanding offers of dedication necessary for the construction, inspection, operation and maintenance of PROJECT, and convey sufficient rights of way to DISTRICT to allow DISTRICT to construct, operate and maintain PROJECT as provided herein. - 8 - 1 2 3 5 6 8 9 I0 !1 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. Accept ownership and responsibility for the operation and maintenance of all PROJECT inlets and connector pipes within CITY rights of way, upon DISTRICT acceptance of PROJECT as being complete. 6. Grant DISTRICT, by execution of this agreement, the right to construct, inspect, operate and maintain PROJECT within CITY rights of way. 7. Not grant any occupancy permits for any unit within Parcel Map No. 23496, or any phase thereof, until construction of PROJECT is complete, unless otherwise approved in writing by DISTRICT. SECTION IV It is further mutually agreed: 1. All work involved with-PROJECT shall be inspected by DISTRICT and shall not be deemed complete until approved and accepted in writing as complete by DISTRICT. 2. CITY and DEVELOPER personnel may observe and inspect all work being done on PROJECT but shall provide any comments to DISTRICT personnel who shall be responsible for all quality controi~ communications with the contractor during the construction of PROJECT. 3. Construction of PROJECT shall be completed by DEVELOPER within twelve (12) consecutive months after execution of this agreement and within one hundred twenty (120) consecutive calendar days after commencing work on PROJECT. It is expressly understood that since time is of the essence in this agreement, failure of DEVELOPER to perform the work within the agreed upon - 9 - l i time shall constitute authority for DISTRICT to perform the 2 ii remaining work and require DEVELOPER'S surety to pay to CITY the 3 !~ penal sum of any and all bonds. In which case, CITY shall 6 7 8 9 I0 subsequently reimburse DISTRICT for DISTRICT costs incurred. 4. DEVELOPER shall construct in conjunction with PROJECT construction, at DEVELOPER'S sole cost and expense, certain additional flood control improvements within Interstate 15 rights of way, as approved by DISTRICT and Caltrans. DEVELOPER shall secure all necessary licenses, agreements, permits and rights of entry as may be required for the construction, inspection, I1 12 13 operation and maintenance of such improvements, as set forth in Section 1.4. It is further mutually agreed and understood that DISTRICT shall assume no obligation, responsibility nor liability, 14!i whatsoever, for the operation and maintenance of any or all such 15 16 17 18 19 improvements constructed within Interstate 15 rights of way. 5. 'DEVELOPER and DISTRICT, knowingly and voluntarily, waive the provisions of Government Code Section 65913.8, relating to fees and charges. Such waiver is accomplished with the understanding that DISTRICT is voluntarily undertaking the 20 obligation to accept ownership and responsibility for the operatiom 21 and maintenance of PROJECT, and DEVELOPER is not required by 22 23 24 DISTRICT to enter into this agreement. 6. DEVELOPER shall during the construction period for , PROJECT, provide Worker's Compensation Insurance in an amount 25 required by law. A certificate of said insurance policy shall be 26 27 28 provided to DISTRICT and CITY prior to such construction period. - 10 - 7. DEVELOPER shall, commencing on the date notice is given pursuant to Section 1.6., and continuing until DISTRICT 9 I0 .~ I1 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 accepts PROJECT for operation and maintenance: (a) Provide and maintain comprehensive liability insurance coverage which shall protect DEVELOPER from claim from damages for personal injury, including accidental and wrongful death, as well as from claims for property damage which may arise from DEVELOPER'S construction of PROJECT or the performance of its obligations hereunder, whether such construction or performance be by DEVELOPER, by any contractor, subcontractor, or by anyone employed directly or indirectly by any of them. Such insurance shall name DISTRICT and CITY as additional insureds with respect to this agreement and the obligations of DEVELOPER hereunder. Such insurance shall provide for limits of not less than two million dollars ($2,000,000.00) per occurrence. (b) Cause its insurance carriers to furnish DISTRICT and CITY, at the time of providing written notification to DISTRICT of the start of construction as set forth in Section 1.6., with certificate(s) of insurance showing that such insurance is in full force and effect and that DISTRICT and CITY are named as additional insureds with respect to this agreement and the - ll - 8~i I0' 11 12 t6 iV 18 19 20 21 22 2~ 2~ 26 28 obligations of DEVELOPER hereunder. Further, said certificate(s) shall provide that the issuing company shall give DISTRICT and CITY sixty (60) days written notice in the event of any cancellation, termination, non-renewal or reduction in coverage of the policies evidenced by the certificate(s). In the event of any such cancellation, termination, non-renewal or reduction in coverage, DEVELOPER shall, forthwith, secure replacement insurance meeting the provision of this paragraph. Failure to maintain the insurance required by this paragraph shall be deemed a material breach of this agreement and shall authorize and constitute authority for DISTRICT, at its sole discretion, to proceed with performing the remaining work on PROJECT pursuant to'Section IV.3. 7. In the event that any claim or legal action is brought against DISTRICT or CITY in connection with this agreement because of the actual or alleged acts or omissions by DEVELOPER, DEVELOPER shall defend, indemnify and hold DISTRICT and CITY harmless therefrom, without cost to DISTRICT or CITY. Upon DEVELOPER'S failure to do so, DISTRICT and CITY shall be entitled to recover from DEVELOPER all of their cost and expenses, including, but not limited to, reasonable attorneys' fees. 8. DEVELOPER shall defend, indemnify and hold DISTRICT and CITY, their respective officers, agents, employees and independent contractors free and harmless from any claim - 12 - l twhatsoever, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage whatsoever, for the design, construction or failure of PROJECT or from the diversion of the waters from the natural drainage patterns, save and except claims and litigation arising through the sole negligence or sole willful 8~misconduct of DISTRICT or CITY. DEVELOPER shall defend DISTRICT 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and CITY without cost to DISTRICT or CITY, and upon DEVELOPER'S failure to do so, DISTRICT and CITY shall be entitled to recover from DEVELOPER all of their cost and expenditures, including, but not limited to, reasonable attorneys' fees. 9. DEVELOPER for itself, its successors and assigns hereby releases DISTRICT'and CITY, their respective officers, agents, and employees from any and all claims, demands, actions, or suits of any kind arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution and the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, for the design, construction or failure of PROJECT, or the discharge of drainage within or from PROJECT. Nothing contained herein shall constitute a release by DEVELOPER of DISTRICT or CITY, their officers, agents and employees from any and all claims, demands, actions or suits of any kind arising out of any liability, known or unknown, present or} - 13 - 6 7 8 9 I0 !1 '14 15 1 future, for the negligent maintenance of PROJECT, after the 2 acceptance of PROJECT by DISTRICT. 3ii 10. Any waiver by DISTRICT or by CITY of any breach of any 4 one or more of the terms of this agreement shall not be construed 5 to be a waiver of any subsequent or other breach of the same or of any other term hereof. Failure on the part of DISTRICT or CITY to require exact, full and complete compliance with any terms of this agreement shall not be construed as in any manner changing the terms hereof, or estopping DISTRICT or CITY from enforcement hereof. ll. If any provision in this agreement (with the exception of Section IV.5.) is held bY a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. Should it be held by a court of competent 16 .jurisdiction that any portion of Section IV.5. is invalid, void or 17 18 19 20 21 22 23 24 25 26 27 28 unenforceable, the provisions of Government Code 65913.8(b) shall apply. It shall, therefore, be determined that this fee is extended through the year 1998. 12. This agreement is to be construed in accordance with the laws of the State of California. 13. Any and all notices sent or required to be sent to the= parties of this agreement will be mailed by first class mail, postage prepaid, to the following addresses: RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Post Office Box 1033 Riverside, CA 92502-1033 CITY OF TEMECULA Post Office Box 3000 Temecula, CA 92390 - 14 - 1 2 3 5 6 7" 8~ 9 10 11 12 13 15 16 17 18 19 20 21 22 23 25 25 27 28 BEDFORD DEVELOPMENT COMPANY 28765 Single Oak Dr., Ste. 100 Temecula, CA 92390 14. Any action at law or in equity brought by any of the parties hereto for the purpose of enforcing a right or rights provided for by the agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for change of venue in such proceedings to any other county. 15. This agreement is the result of the negotiations between the parties hereto, and the advice and assistance of their respective counsel. The fact that this agreement was prepared as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty or ambiguity in this agreement shall not be construed against DISTRICT'becauSe DISTRICT prepared this agreement in its final form. 16. The rights and obligations of DEVELOPER shall inure to and be binding upon all heirs, successors and assignees. 17. DEVELOPER shall not assign or otherwise transfer any of their rights, duties or obligations hereunder to any person or entity without the written consent of the other parties hereto being first obtained. In the event of any such transfer or assignment, DEVELOPER expressly understands and agrees that they shall remain liable with respect to any and all of the obligations and duties contained in this agreement. 18. This agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject - 15 - 1 2 3 matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written in 4~ connection therewith. 5i; only v II 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This agreement may be changed or modified upon the written consent of the parties hereto. - 16 - IN WITNESS WHEREOF, the parties hereto have executed this agreement on · (to be filled in by Clerk of the Board) RECOMMENDED FOR APPROVAL: 6 ~ KENNETH L. EDWARDS Chief Engineer APPROVED AS TO FORM: 8 WILLIAM C. KATZENSTEIN County Counsel Deputy 11 12 13 Dated ~ o / ~ I q O RECOMMENDED FOR APPROVAL: 14 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By Chairman, Board of Supervisors ATTEST: GERALD A. MALONEY Clerk of the Board By Deputy (SEAL) CITY OF TEMECULA By 15 16 17 18 APPROVED AS TO FORM: By City Attorney Dated ATTEST: By 19 20 21 (SEAL) BEDFORD DEVELOPMENT COMPANY, a California corporation 22 By 23 Title 24 25 26 27 28 JMB:bjp agrmt 533 By Title ( NOTARY ) - 17 - L is ;NDEX MAP EXHIBIT A %. ./ O: ol ITEM NO. 12 APPROVAL C I TY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department November 13, 1990 Appeal No. 9, Plot Plan No. 11609 PREPARED BY: Steve Jiannino R ECOMMEN DAT I ON: Adoption of Resolution 90- 11609 __ approving Plot Ran No. APPLICATION INFORMATION APPLICANT: Jeff Hardy Architecture REPRESENTATIVE: Jeff Hardy Architecture PROPOSAL: To construct a .18,453 square foot retail and furniture showroom commercial center, LOCA T I ON: North side of Winchester Road, 700 feet southwest of the centerline of Jefferson Avenue, EXISTING ZONING: M-SC ( Manufacturing - Service Commercial ) SURROUNDING ZONING: North: M-SC I Manufacturing - Service Commercial ) South: M-SC I Manufacturing - Service Commercial ) East: M-SC ~ Manufacturing - 5errice Commercial ) West: M-SC ~ Manufacturing - Service Commercial ) STAFFRPT\APP9 1 EXISTING LAND USE: SURROUNDING LAND USES: Vacant North: Vacant South: Commercial East: Vacant West: Office BACKGROUND: The CLty Council at their October 30, 1990 meetin9, continued Appeal Ne. 9 and directed Staff to submit a resolution approving the project with the following added Conditions of Approval: Prior to issuance of buitdin9 permits, the applicant shall resubmit a redesigned site plan for Planning Director's approval relocating the trash enclosure to the rear of the building and addressing the Councii's concerns regarding building square footage and parking· Prior to issuance of building permits, the applicant shall submit detailed landscaping and irrigation plans which shall provide sufficient landscape buffering of the parking area from the street, as approved by the Planning Director. STAFF RECOMMENDATION: Staff recommends that the City 'Council. ADOPT ResolutiOn 90- . approving Plot Plan No. 11609. SJ: ks Attachment: Resolution STAFFRPT\APP9 2 RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLOT PLAN NO. 11609 TO CONSTRUCT AN 18,453 SQUARE FOOT RETAIL AND FURNITURE SHOWROOM COMMERCIAL CENTER WHEREAS, Jeff Hardy & Associates filed Plot Plan No. 11609 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Plot Plan applications were processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission conducted a public hearing pertaining to said Plot Plans on October 1, 1990, at which time interested persons had opportunity to testify either in support or opposition to said Plot Plans; and WHEREAS, the Planning Commission received a copy of the Staff Report regarding the Plot Plans; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings.. That the Temecula Planning Commission made 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 is decisions be consistent with the general plan, if all of the following requirements are met: (1) The City is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: (a) There is a reasonable probability that the land use or action proposed 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. 3/Resos 112 -1- (b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Plot Plans are 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 City Council finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this rifle, each of the following: (a) There is reasonable probability that Plot Plan No. 11509 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. Pursuant to Section 18.30 (c), no plot plan may be approved unless the following findings can be made: (1) The proposed use must conform to all the General Plan requirements and with all applicable requirements of state law and City ordinances. (2) The overall development of the land is designed for the protection of the public health, safety and general welfare; conforms to the logical development of the land and is compatible with the present and future logical development of the surrounding property. E. As conditioned pursuant to SECTION 3, the Plot Plans proposed conform to the logical development of its proposed site, and are compatible with the present and future 3~e~sl12 -2- development of the surrounding property. 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 on this case because the mitigation measures described on attached sheets and in the Conditions of Approval have been added to the project and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditions That the City Council of the City of Temecula hereby approves Plot Plan No. 11609 to construct an 18,453 square foot retail and fumiture showroom commercial center subject to the following conditions: A. Exhibit A, attached hereto. B. Applicant shall submit revised plans for approval by the Planning Director indicating the relocation of the trash enclosure to the rear of the lot and enhanced landscaping along the Winchester Road Frontage. SECTION 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED, this 13th day of November, 1990. Ronald J. ~Parks, Mayor ATTEST: June S. Greek, Deputy City Clerk [SEAL] 3/Resos 112 -3- CITY OF TEMECULA CONDITIONS OF APPROVAL Plot Plan No. 11609 Commission Approval Date: Expiration Date: Planninq Department This approval shall be used within two (2) years of the Planning Commission approval date; otherwise it shall become null and void and of no effect whatsoever. By this approval within the two (2) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. Prior to the issuance of building permits, the following agencies shall provide verification to the Building and Safety Department that all pertinent Conditions of Approval and applicable have been met: A. Planning Department B. Temecula Union School District C. Fire District Engineering Department E. Rancho California Water District F. Department of Building and Safety G. Riverside County Department of Environmental Health Services (DEHS) H. CATV Franchise. Architectural elevations of all proposed structures shall be submitted for review and approval by the Planning Department prior to issuance of building permits. The elevations shall substantially conform to those approved by the Planning Commission. LIk · Prior to the issuance of grading or building permits, the applicant shall submit seven (7) copies of perking, landscaping, shading and irrigation plot plan to the Planning Department and shall be accompanied by a filing fee as set forth in Section 18.37 of Ordinance No. 3~8. STAFF R PT\PP 11609 10. 11. 12. 13. 15. All site amen(ties, including landscaping and irrigation, as shown on plans approved by the Planning Department, shall be installed prior to issuance of the Certificate of Occupancy. Landscaping shall utilize drought tolerant landscaping wherever feasible. An automatic sprinkler system shall be installed and all landscaped areas shall be maintained in a viable growth condition, planting within ten (10) feet of an entry or exit driveway shall not be permitted to grow higher than thirty (30) inches. Landscaping plans shall incorporate the use of the specimen canopy trees along the streets and within the parking areas. The owner/developer shall agree to defend at his sole expense, any action brought against the City, its agents, officers, or employees because of the issuance of such approval, or, in the alternative, to relinquish such approval. The owner/developer shall reimburse the City, its agents, officers or employees for any Court costs and attorney's fees which the City, its agents officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the owner/developer of his obligations under this condition. (Amended) Applicant shall submit the site plan as approved by the Planning Department to the Department of Building and Safety concurrent with application for building permits. The development of the premises shall conform substantially with that as shown on Plot Plan No. 11759 or as amended by these conditions. All parking stalls shall be clearly striped and permanently maintained with double or hairpin lines on the surface of the facility. Any lights used to illuminate the site shall be designed so as to reflect away from adjoining properties and public thoroughfares. All street lights and other outdoor lighting shall comply with the ~equirements of Riverside County Ordinance No. 655 and the Southwest Area Plan. Signs shall be reviewed under separate application. All necessary permits shall be obtained from the Riverside County Department of Health Services prior to Certificate of Occupancy. In the event the use hereby permitted ceases operation for a period of one 11 ) year, this approval shall become null and void. Roof-mounted equipment shall be shielded from ground view. Screening material shall be subject to Planning Department approval. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. STAFFRPT\PP11609 2 16. 17. 18. 19. 20. 21. Prior to the issuance of a grading or building permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fees 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. Said fee shall not apply to the entire site, but rather to the new building and parking structure. Prior to issuance of building permits, performance securities, in amounts to be determined by the Director of Building and Safety to guarantee the installation of plantings, walls and fences in accordance with the approved plan, and adequate maintenance of the planting for one year shall be filed with the Director of Building and Safety. Prior to issuance of occupancy permits, all required landscape planting and irrigation shall have been installed and be in a condition acceptable to the Director of Building and Safety. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and in good working order. A minimum of ~7 parking spaces shall be provided, in accordance with Section 18.12, Riverside County Ordinance No. 3~8. The parking area shall be surfaced with asphaltic concrete paving to a minimum depth of three 13) inches on four I~) inches of Class II base. A minimum of 2 handicapped parking spaces shall be provided. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered 'at the interior end of the parking space at a minimum of height of 80 inches from the bottom of the sign to the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches in size with lettering not less than one {1 ) inch in height, which clearly and conspicuously states the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. In addition to the above requirements, the surface of each parking place shall have surface identification sign duplica~.ing the symbol of accessibility in blue paint of at least three (3) square feet in size. Commercial Units A and B shall be occupied by furniture, drapery, plumbing, floor covering, and appliance stores only. STAFFR PT\PP11609 3 22. Commercial Units C through F shall not be occupied by restaurant tentants unless additional parking is provided. 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. PRIOR TO ISSUANCE OF GRADING PERMITS: 23. 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; and CATV Franchise. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards. 25. The developer shall submit four I ~) copies of a soils report to the Engineering Department. Th~ report shall address the soils stability and geological conditions of the site. 26. The developer shall submit four (~) prints of a comprehensive grading plan to the Engineering Department. The plan shall comply with the Uniform Building Code and Chapter 70 as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 2~"x36" mylar by a Registered Civil Engineer. 27. The final grading plans shall be completed and approved prior to issuance of building permits. 28. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. STAFFRPT\PP11609 PRIOR TO BUILDING PERMIT 29. Prior to issuance of a building permit, the developer shall deposit with the Engineering Department a cash sum as established per acre as mitigation for traffic signal impact. PRIOR TO ISSUANCE OF CERTIFICATION OF OCCUPANCY: 30. 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. 31. The area shown as 30'x 50~ ingress and egress on the Plot Plan shall be improved with A.C. pavement to the same standards as the on-site parking lot or as provided by the CCSR's already established for the site. (Amended) Riverside County Department of Health 32. "Will-serve" letters from the water and sewering agencies. 33. If there-are to be any hazardous materials; a clearance letter from the Environmental Health Services Hazardous Materials Management Branch (Jon Mohoroski, 358-5055), will be required indicating that the project has been cleared for: a. Underground storage tanks. b. Hazardous Waste Generator Service. c. Hazardous Waste Disclosure l in accordance with A B 2385 ). d. Waste reduction management. Fire Department The fire Department is required to sat a minimum fire flow for the remodel or construction of all commercial buildings using the procedure established in Ordinance 5z~6. 35. Provide or show there exists a water system capable of delivering 3500 GPM for a 3 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. STAFFRPT\PP1 ] 609 5 36. 37. 38. 39. ~45. ~6. A combination of on-site and off-site super fire hydrants ~ 6"x~"x2 112x2 1/2 ), will be located not less than 25 feet or more than 165 feet from any portion of the building as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrantl s) in the system. Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall conform to the 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: "1 certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." The required fire flow may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separation or built-in fire protection measures. Install a complete fire sprinkler system in all buildings requiring a fire flow of 1500 GPM or greater. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the buildingl s) . A statement that the buildingl s) will be automatically fire sprinklered must be included on the title page of the building plans. Install a supervised wateRlow monitoring fire alarm system. Plans must be submitted to the Fire Department for approval prior to installation, as required by the Uniform Building Code. A statement that the building will be automatically fir sprinklered must appear on the title page of the building plans. Occupancy separation will be required as per the Uniform Building Code, Section 503. Install panic hardware and exit signs as per Chapter 33 of the Uniform Building Code. Certain designated areas will be required to be maintained as fire lanes. Install a dust collecting system as per the Uniform Building Code, Section 908. Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact a certified extinguisher company for proper placement of equipment. Prior to issuance of building permits, the applicant/developer shall be responsible to submit a check or money order in the amount of $413.00 to the Riverside County Fire Department for plan check fees. STAFF R PT\PP 11609 6 Prior to the issuance of building permits, the developer shall deposit with the Riverside County fire Department, a check or money order equaling the sum of 25 cents per square foot as mitigation for fire protection impacts. This amount must be submitted separately from the plan check review fee. Final conditions will be addressed when building plans are reviewed in the Building and Safety Office. Building F, Safety Department 50. The applicant shall fill out an application for final inspection. Allow two (2) weeks processing time to obtain all required clearances prior to the final inspection. Temecula Unified School District 51. This project is subject to State law requirements for School impact mitigation. Eastern Municipal Water District 52. Any and all necessary regionally sized on-site and off-site gravity sewers and appurtenant works that might include monitoring manholes, lift stations, force mains, and affluent 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 acceFtable to EMWD regulations will be allowed. Rancho California Water District 53. The proposed project is located within the boundaries of Rancho California Water District. Water service will be available to the site upon completion of financial arrangements between RCWD and the property owner; Water availability will be contingent upOn the property owner signing and Agency Agreement which assigns water management rights, if any, to RCWD. STAFFRPT\PP11609 7 ITEM NO. 13 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council City Manager November 13, 1990 Attendance at National League of Cities Meeting - Councilmember Mufioz RECOMMENDATION: That the City Council approve the participation of Councilmember Sal Mufioz at the National League of Cities Conference to be held in Houston, Texas from December 1 through December 5, 1990. BACKGROUND: The 1990 Congress of Cities and Expositions sponsored by the National League Of Cities is to be held in Houston, Texas from December 1 through December 5, 1990. The National League of Cities is an outstanding organization which assists cities in addressing issues of national and local interest, This year's convention will be addressing the following subjects: policy leaders development, the environment, municipal finance, economic development, housing and community development and public safety, As you can see from the above, the topics are timely and will be of great importance to this new City of Temecula. Councilmember Sal Mufioz has indicated an interest in attending this conference and therefore, I am soliciting the Council's approval at this time. I personally feel it is a worthwhile endeavor and will give us an opportunity to explore the benefits of active participation with the Nation League of Cities. FISCAL IMPACT: Funds were set aside in the FY 1990-91 City Council budget account for travel and conferences to cover the cost of expenditures of this type. DFD:jsg ITEM NO. 14 APPROVAL CITY ATTOI{NEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department November 1:3, 1990 Change of Zone No. 5611 Vesting Tentative Tract Map No. 25004 PREPARED BY: Mark Rhoades R ECOMMENDAT I ON: Adopt Negative Declaration Adopt Ordinance No. 94)- Approving Change of Zone No. 5611 Adopt Resolution No. 90- Approving Vesting Tentative Tract Map No. 25004 APPLICATION INFORMATION APPLICANT: Brent Dix REPRESENTATIVE: C-M Engineering PROPOSAL: Vesting Tentative Tract No. 25004 to subdivide approximately 59.0 acres into 135 single family lots, and Change of Zone from R-R to R-1. LOCATION: Northeast corner of Seraphina Road and Rita Way. EXISTING ZONING: R -R { Rural Residential ) SURROUNDING ZONING: North: South: East: West: SP ( Specific Plan ) R-R ( Rural Residential ) R-R-2 1/2, A-A-10 R-R, SP ( Rural Residential, Specific Plan ) PROPOSED ZONING: R-1 { One-Family Dwellings) EXISTING LAND USE: Vacant STAFF R PT\VTM2500~ 1 SURROUNDING LAND USES: PROJECT STATISTICS: PROJECT DESCRIPTION: BACKGROUND: North: Vacant South: Vacant East: Single Family West: Vacant Number of Acres: Minimum Proposed Lot Size: Minimum Permitted Lot Size: Proposed Density: SWAP Density: ~2.4 7,200 sq.ft. 7,200 sq. ft. 2.3 units/acre gross 2-4 units/acre Zone Change Change of Zone No. 5611 is a proposal to change the zoning of the subject 59 acres from R-R (Rural Residential ), which requires a one-acre minimum lot size, to R-1 (One-Fami|y Residential), which permits a 7,200 square foot minimum lot size. The proposed density of 2.3 DU/AC is consistent with the 2-~ DU/AC SWAP designation. Tentative Tract Vesting Tentative Tract Map No. 2500~ proposes to subdivide the subject 59 acres into 135 single family residential lots and four (4) remainder parcels. The proposed lot sizes range from 7,200 square feet to 17,825 square feet, with an average lot size of approximately 8,800 square feet. This proposal is consistent with Change of Zone No. 5611. Change of Zone No. 5611 and Vesting Tentative Tract Map No. 2500~ were first taken to Planning Commission on September 17, 1990. The item was continued because of the Commission concerns with slopes, design guidelines, and park space. On October 15, 1990, the Planning Commission considered the applicant's proposal and approved Change Zone No. 5611 and Vesting Tentative Tract Map No. 2500~ by a vote of 3-1. The Commission's concerns relative to design guidelines were mitigated by the applicant updating the submitted guidelines. Slope concerns were addressed by a slope cross section analysis submitted by the applicant. The park space issue was mitigated by the applicant's offer of dedication of proposed lots 137, 138, 139, and 1~0. This totals approximately 18 acres. The applicant will still be required to pay Quimby Act fees because of the proposed park space's limited usefulness (MWD, STA FFR PT\VTM2500~ 2 SCE easement area). The final issue raised by the commission concerned airport impact. The project has been conditioned so that if it is determined that the project within an airport impact area, potential property owners will be notified. STAFF RECOMMENDATION: The Planning Department Staff recommends that the City Council: ADOPT the Negative Declaration for Change of Zone No. 5611 and Vesting Tentative Tract Map No. 25004; ADOPT Ordinance No. 90- approving Change of Zone No. 5611, based on the analysis and findings contained in the Staff Report; and ADOPT Resolution No. 90- approvin9 Vesting Tentative Tract Map No. 25004, based on the analysis and findings contained in the Staff Report and subject to the attached Conditions of Approval. MR:ks Attachments: 2. 3. 4. 5. Exhibit Ordinance Resolution Conditions of Approval Planning Commission Staff Reports ( September 17 and October 15, 1990 ) Planning Commission Minutes (September 17 and October 15, 1990) STAFFRPT\VTM25004 3 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: VTTM 2500~ 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. 23 Condition No. 2q. Condition No. 57 Condition No. 44 Condition No. 21.a. Condition No. -12 Condition No. 11 PLANN I NG\M43 ! ORDINANCE NO. 90- 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. 5611, CHANGING THE ZONE FROM R-R IRURAL RESIDENTIAL) TO R-1 (SINGLE FAMILY RESIDENTIAL) ON PROPERTY LOCATED ON THE NORTHEAST CORNER OF SERAPHINA ROAD AND RITA 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 Tamecula Official Zoning Map is amended by placing in effect the zone or zones as described in Change of Zone No. 5611 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 Tamacula 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 ,1990. Ronald J. Parks, Mayor ATTEST: June S. Greek, Deputy City Clerk [SEAL] STAFFRPT\VTT2500~ RESOLUTION NO. 9g- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING VESTING TENTATIVE TRACT MAP NO. 25004 TO SUBDIVIDE A 59 ACRE PARCEL INTO A 135 UNIT SINGLE FAMILY SUBDIVISION AT THE NORTHEAST CORNER OF SERAPHINA ROAD AND RITA WAY. WHEREAS, Brent Dix filed Vesting Tentative Tract Map No. 2500~ 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 City Council considered said Vesting Tentative Tract Map on November 13, 1990, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Council hearing, the Council approval of said Tentative Tract Map; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. the following findings: Findinqs. That the Temecula City Council hereby makes A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. { 2 ) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: ~a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. STAFFRPT\VTM2500~ 1 (b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. 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 Tentative Tract Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Cede, 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: There is reasonable probability that Vesting Tentative Tract Map No. 2500~ proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. Ib) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. ~c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. Pursuant to Section 6.5, no Tentative Tract Map 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 Tentative Tract Map approved shall be subject to such conditions as shall be necessary to protect the health, safety and general welfare of the community. E. As conditioned pursuant to SECTION 3, the Tentative Tract Map is compatible with the health, safety and welfare of the community. STAFFRPT\VTM2500~ 2 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, is hereby granted. SECTION 3. Conditions. That the City of Temecula City Council hereby approves Tentative Tract Map No. 25004 for the subdivision of a 59 acre parcel into a 135 unit single family subdivision located at the northeast corner of Seraphina Road and Rita Way subject to the following conditions: A. Exhibit A, attached hereto. PASSED, APPROVED AND ADOPTED this 13th day of November, 1990. RONALD J. PARKS MAYOR I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Counci. I of the City of Temecula at a regular meeting thereof, held on the 13th day of November, 1990 by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNC I LMEMBERS STAFFRPT\VTM25004 3 APPLICANT'S ACKNOWLEDGMENT I have read, understand and accept the conditions for approval set forth herein above in this Resolution of approval for Tentative Tract Map No. 2500zL DATED: By Name Title STAFF R PT\ VTM25004 4 Notice of Public Hearing THE CITY OF TEMF, CLqA 43172 Business Park Drive Temecuh, 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: Vesting Tentative Map 2.~}04, Zone Change ~611 C-lvi Engineering Northeast Corner of Seraphina Rd. and Rita Way Application to change the Zone on 59 acres from R-R to R-1 and subdivide 59 acres into 135 single family lots 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 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, 43172 Business Park Drive, Monday through Friday form 9:00 AM until 4:00 PM. Questions concerning the project(s) may be addressed to .Mark Rhoades, City of Temecula Planning Department (714) 694-6400 PLACE OF HEARING DATE OF HEARING TIME OF HEARING: Temecula Community Center 28816 PUjol Street Temecul~ Tuesday. November 13. 1990 7:00 PM CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Tract No. 2500~ Council Approval Date: Expiration Date: 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· This conditionally approved tentative map will expire two years after the City Council approval date, unless extended as provided by Ordinance L~60. 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 Surveyorts Office and two copies to the Department of Building and Safety. The report shall address the soils stability and geological conditions of the site· Any delinquent property taxes shall be paid prior to recordation of the final map. Legal access as required by Ordinance ~60 shall be provided from the tract map boundary to a County 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. STAFFRPT\VTT2500~ 1 The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated May 23, 1990, a copy of which is attached. 11. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated April 11, 1990, a copy of which is attached· If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. 12. The applicant shall comply with the fire improvement recommendations outiined in the County Fire Department's letter dated September 4, 1990, a copy of which is attached. 13. The applicant shall comply with the recommendations outlined in the Building and Safety Department: Land Use Sectionts transmittal dated April 13, 1990, a copy of which is attached. 14. The applicant shall comply with the recommendations outlined in the Building and Safety Department: Grading Section~s transmittal dated May 1, 1990, a copy of which is attached· 15. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the 5outhwest Area Plan. 16. The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District transmittal dated May 9, 1990, a copy of which is attached ~ 17. Lots created by this subdivision shall comply with the following: Lots created by this subdivision shall be in conformance, with the development standards of the R-1 (Single Family) zone. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. 18. 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. 19. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: 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 STAFFRPT\VTT2500~ 2 20. !:he following: Permanent automatic irrigation systems shall be installed on all landscaped areas requirin9 irrigation. 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 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. Front yards shall be landscaped and street trees planted· Wall plans shall be submitted for the project perimeter and along Murrieta Hot Springs Road. 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 in the wall for maintenance access. 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-d-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. 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 betw:cn 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. STAFFRPT\VTT2500~ 3 21. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer's successor's- in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public 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 ~5 Ldn. All building plans for all new structures shall incorporate, all required elements fror~ 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 I Class A ) roofs as approved by the Fire Marshal. 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. Roof-mounted equipment shall be shielded from view of surrounding property· Building separation between all buildings including fireplaces shall not be less than ten (10) feet. i. All street side yard setbacks shall be a minimum of ten (10) feet. All front yards shall be provided with landscaping and automatic irrigation. Applicant shall obtain necessary clearances from the County of Riverside Airport Land Use Commission. If necessary, the applicant shall file a White Report with the Department of Real Estate advising future property owners of potential airport impact. (As amended by P.C. on 10-15-90. ) STAFF R PT\ VTM2500~ ~ 22. Lots 137,138, 139, and 140 shall be dedicated to the City as unimproved park space. (As amended by P.C. on 10-15-90.) Prior to issuance of any grading permit, the applicant must submit either a letter from the Department of Fish and Game which state that the identified habitat area will not be affected by the proposed development, subject to the approval of the Planning Director. 23. 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 issuance of building permits, applicant shall be required to pay applicable Quimby Fees in accordance with Section 10.35 of Ordinance 460. 25. Final landscape plans shall substantially conform' to the design guidelines submitted April, 1990. 26. Prior to issuance of building permits applicant shall comply with agency letters identified and dated: ae County Health Department, May 23, 1990 County Flood Control; April 11, 1990 EMWD, May 9, 1990 County Geologist, March 30, 1990 County Health Department, April 5, 1990 County Fire Department, April 11, 1990 County Road Department, April 24, 1990. 27. Prior to issuance of any occupancy permits, the applicant shall obtain approval from the Planning Director, the Temecula Valley Unified School District, and the City Engineer, of a safe walking path between the subject tract and Nicolas School. (As amended by P.C. on 10-15-90. ) 28. Any and all signage and/or sign maintenance proposed for this tract shall be by separate permit, subject to the approval of the Planning Director. (As amended by P.C. on 10-15-90. ) 29. Prior to issuance of any occupancy permits, maintenance for Lot No. 141 shall be conveyed to the homeowners association. iAs amended by P.C. on 10-15- 90. ) En.qi n eeri ng 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. STA FFR PT~ VTM25004 5 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. 30. The Developer shall comply with the State of California Subdivision Map Act, and all applicable City Ordinances and Resolutions. PRIOR TO FINAL MAP APPROVAL: 31. 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; and CATV Franchise. The final map shall be prepared by a licensed land surveyor or registered Civil Engineer, subject to all the requirements of the State of California Subdivision Map Act and Ordinance No. ~60. All parkways, open areas, and landscaping shall be permanently maintained by a homeowners association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning and Engineering Department. Mutt/eta Hot Springs Road shall be improved within the dedica[ed right-d- way in accordance with' Riverside County Standard No. 100 '(86'/110~-). 35. I n the event that Mutt/eta Hot Springs Road is not constructed by Assessment District 161 prior to final map recordation, the developer shall construct/bond, for the improvements to provide for improvements per Riverside County Standard No. 100 (86~/110'). 36. B, C, D, and E Streets, "H" Court, and Sandpiper Lane shall be improved within the dedicated right-d-way in accordance with Riverside County Standard No. 104, Section A (40'/60). "F" and "G" Streets shall be improved within the dedicated. righl~-of-way in accordance with Riverside County Standard No. 103, Section A 38. Seraphina Road shall be improved with 32 feet of asphalt concrete pavement within a 36 foot dedicated right-of-way measured from the west tract boundary line, in accordance with Riverside County Standard No. 103, Section A l~'/66). 39. "A" Street shall be improved with 32 feat of asphalt concrete pavement within a 60 foot full width dedicatedright-of-way in accordance with modified County Standard No. 104, Section A (~0/60). STAFF R PT\VTM25004 6 45. 49. The subdivider shall construct or post security guaranteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: and 9utter, sidewalks, drive approaches, street stripin9, and traffic control devices as appropriate. pavement, curb lights, signing, b. Storm drain facilities. c. Landscaping (street and parks). d. Sewer and domestic water systems. The subdivider shall provide bonds and agreement clearances from all applicable agencies and pay all fees prior to the approval of the map. The street design and improvement concept of this project shall be coordinated with adjoining developments. Street lights shall be provided alon9 streets adjoining the subject site in accordance with the standards of Ordinance No. ~61 and as approved by the City Engineer. Prior to recordation of the final map, the developer shall deposit with the Engineerin9 Department a cash sum established per lot as mitigation for a traffic signal imp~-'t. 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 copies of a soils report to the Engineerin9 Department. The report shall address the soils stability and geological conditions of the site. In the event road or off-site right-of-way are required to cornply with these conditions, such easements shall be obtained by the developer; or, in the event the City is required to condemn the easement 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 66~62.5, which shall be at no cost to the City. A hydrology study shall be submitted to and approved by the City Engineer. All drainage facilities shall be installed as required by the City Engineer. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the City Enginc:.-'s Office, in addition to any other permits required. STAFFR PT~VTM2500q 7 50. Street improvement plans including parkway trees and street lights prepared by a Registered Civil Engineer and approved by the City Engineer shall be required for all public streets prior to issuance of an enct oad,,tmnt permit. Final plans and profiles shall show the location of existing utility facilities within the right-of-way. 51. The subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards prior to issuance of Certificates of Occupancy. 52. Corner cutbacks, in conformance with City Standard No. 805, shall be offered for dedication and sl,own on the final map. PRIOR TO ISSUANCE OF GRADING PERMIT: 53. 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. A grading permit shall be obtained from the Engineering Depa.~jTmnt prior to commencement of any grading outside of the City-maintained road right-of- way. 55. All lot drainage shall be to the street by side yard drainage swales independent of any other lot. 56. A permit from the County Flood Control District is required for work within its right-of-way. PRIOR TO CERTIFICATE OF OCCUPANCY: 57. 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 the 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 the 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. 58. Construct full street improvements including but not limited to, curb and gutter. A.C. pavement, sidewalk, drive approaches, parkway trees and street lights. 59. All street improvements shall be installed to the satisfaction of the City Engineer. STAFFRPT\VTM250Oq 8 60. Asphaitic emulsion lfog seal) shall be applied not less than 14 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 Nos. 37, 39, and 94 of the State Standard Specifications. Transportation Enqineerinq PRIOR TO RECORDATION: 61. A signing and striping plan shall be designed by a registered traffic engineer, and approved by the City Engineer for all streets 66/~4 or wider and shall be includ.~t in the street improvement plans. 62. Prior to designing any of the above plans, contact Transportation Engineering for the design criteria. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 63. All signing and striping shall be installed per the City standards and the approved signing and striping plan. Left turn pocket on Mutt(eta Hot Springs Road, for Street "G", shall provide for 100' of storage capacity, if not included with Assessment District No. 161 improvements. 65. Prior to issuance of occupancy permits, if the ultimate circulation system has not been constructed (with Vesting Tentative Tract No. 2:3428), this development will be responsible for the following: ae Widen Nicolas Road to accommodate. a 200~ minimum, centered, left turn pocket for Joseph Road or for Primary access point. STAFFRPT\VTM25004 9 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION September 17, 1990 Prepared By: Mark Rhoades Case No.: Vesting Tentative Tract No. 2500q Change Zone No. 5611 Recommendation: Approval APPLICATION INFORMATION APPLICANT: R EPR ESENT AT I VE: PROPOSAL: LOCAT ION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: PROJECT STATISTICS: Pavilion - JLD Ventures C-M Engineering Vesting Tentative Tract No. 2500M to subdivide approximately 59.0 acres into 135 single family lots, and Change of Zone from R-R to R-1. Northeast corner of Seraphina Road and Rita Way. R ~R ( Rural Residential ) North: South: East: West: SP ( Specific Plan ) R-R [ Rural Residential) R-R-2 1/2, A-A-10 R-R, SP I Rural Residential. Specific Plan ) R-1 I Residential Agricultural) Vacant North: Vaunt South: Vacant East: Single Family West: Vaunt Number of Acres: No. of Buildings: Minimum Proposed Lot Size: Minimum Permitted Lot Size: Proposed Density: ~2.~ 0 7,200 sq. ft. 7,200 sq. ft. 2.3 units/acre gross STAFFRPT\VTT2500~ 1 BACKGROUND: PROJECT DESCRIPTION: This project was originally filed at the Riverside County Planning Department on September 26, 1989. The file was transferred to the City of Temecula in May, 1990. Since that time Staff has met with the applicant on several occasions to amend the map configuration. Zone Chancle Change of Zone 5611 is a proposal to change the zone on 59 acres from R-R (Rural Residential) to R- 1 (Single Family Residential). The project is surrounded by A-1-10 (Agricultural, 10 Acre Minimum) and R-R-2 1/2 to the east, R-R to the south and west. To the north and northeast are Specific Plan areas. The Specific Plan areas contain lot sizes averaging approximately L~,500 to 5,000 square feet. This is substantially lower than the density of the proposed project. The Specific Plan is Winchester Properties and is located in the County. The SWAP identifies this area as residential, 2-~ dwelling units per acre. The proposed Change of Zone is consistent with this designation. Tentative Tract Vesting Tentative Tract No. 2500~4 is an application to subdivide 59 acres into 135 single family lots. The density of this project is dependent on the approval of Zone Change No. 5611; Lot Size The minimum proposed lot size is 7,200 square feet. The maximum lot size is 18,300 square feet, with an average lot size of approximately 9,000 square feet. The minimum lot size in the R-1 zone is 7,200 square feet. There are 6 lots which will be created as a result of easement dedications. The largest of which are lots 136, 137, and 138 for the Metropolitan Water District Aqueduct end Southern California Edison. Lot 138 also contains a Stephen~s Kangaroo Rat Habitat Preservation area. A total of 16.6 acres are taken by the easement lots. STAFFRPT\VTT2500~ 2 GENERAL PLAN AND SWAP CONSISTENCY: ENV I RONMENTAL DETERMI NAT ION: Access ~ccess will be provided off of Nicolas Road via Joseph. Rita, and Seraphina Roads. The applicant will be required to construct road improvements to Nicolas Road. Access will also be taken off of Murrieta Hot Springs Road. Improvements to Murrieta Hot Springs Road will be constructed by Assessment District 161. All maintenance and slope areas outside of Lots 1-135 will be maintained by County Service Area No. 143. Architecture Currently there is no product slated for this project. When the housing product is proposed, a plot plan will be presented to the City. Gradincl Approximately 380,000 cubic yards on ~2.~ are proposed, with no export. Some substantial 2:1 slopes exist, however, the majority of the slopes are located on easement lots. The Land Use Designation exhibit from the Southwest Area Community Plan targets this area for residential development at 2-~ units per acre. This map proposes a density of 3.5 units per acre. The SWAP has been adopted as a policy guide by the City of Temecula. The project is consistent with lot standards of the proposed zone. Probability of consistency with the City's future General Plan is considered .likely by the Staff. The Planning Commission and the City Council maintain the authority to determine whether projects are likely to be consistent with the future General Plan, and each project considered by these bodies must be considered on their own merit until a new General Plan is adopted. A preliminary environmental assessment was performed by the County of Riverside Planning Department prior to transmittal of the case to the City of Temacula. That assessment was completed by the City Planning Staff. The following areas of potential impact were reviewed in detail. STAFFRPT\VTT2500~ 3 Traffic Iml3acts A Traffic Study was performed for the project by Kunzman Associates in October, 1989. The Study has been accepted by the City and appropriate mitigation measures included in Conditions. Biolocly A Biological Study was conducted in August, 1989. The Study identified the existence of the Stephen's Kangaroo Rat on a portion of the site. A habitat conservation area has been preserved on the tentative map as approved by the United States Department of the Interior, Fish and Wildlife Service. Environmental Conclusion Staff has concluded that no significant impact on the environment will occur as a result of site development, and a Negative Declaration has been recommended for adoption. FINDINGS: A basic level of useable and total open space has been provided on individual lots to meet the needs of future residents. There is a reasonable probability that Vesting Tentative TFact No. 2500t4 will be-consistent with the City~s future General Plan, which will be completed within a reasonable time in accordance with State Law. There is not a likely 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. The proposed use or action complies with State planning and zoning laws. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, circulation patterns, access, and density, STAFFRPT\VTT2500~ ~ 10. 11. 12. The project as designed and conditioned will not adversely affect the public health or welfare. Vesting Tentative Tract No. 2500~ is compatible with surrounding land uses. The proposal will not have an adverse affect on surrounding property, because it does not represent a significant change to the present or planned land use of the area. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Initial Study for this project. The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities. Units will have significant southern exposure which allows for passive heating opportunities. Deciduous landscaping can be utilized to allow solar penetration in winter and shading in summer. The design of the subdivision, the type of improvements and the resulting street layout are such that-they are not in conflict with easements for access through or use of the property within the proposed projects. That said findings are supported by minutes, maps, exhibits, and environmental documents associated with this application are herein incorporated by reference. STAFF RECOMMENDATION: Planning Department Staff recommends that the Planning Commission: ADOPT the Negative Declaration for Vesting Tentative Tract No. 2500q and Change of Zone No. 5611, based on the analysis and findings contained in the Initial Study and Staff Report; and, APPROVE Change of Zone 5611, based on the analysis and findings contained in the Initial Study and Staff Report; and, STAFFRPT\VTT2500q 5 APPROVE Vesting Tentative Tract No. 2500~, based on the analysis and findings contained in the Staff Report, subject to the attached Conditions of Approval. MR:ks Attachments STAFF R PT\VTT2S00~ 6 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY Backqround 1. Name of Proponent: Pavillion - JLD Ventures Address and Phone Number of Proponent: Date of Environmental Assessment: Agency Requiring Assessment: Name of Proposal, if applicable: 23181 Verduqo, Sp. 105A Laciuna Beach, CA 92653 8-23-90 CITY OF TEMECULA VestingTentative TractMap No. 2500~ and ChanGe Zone No. 5611 o Location of Proposal: Northeast Corner of the Intersection of J'oSeph Road and Seraphina Environmental 'Impacts I Explanations of all "yes" and "maybe" 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 be Disruptions, displacements, compac- tion or overcovering of the soil? X Ce Substantial change in topography or ground surface relief features? X The destruction, covering or modi- fication of any unique geologic or physical features? X ee Any substantial increase in wind or water erosion of soils, either on or off site? X STAFFRPT\VTT2S00~ 1 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, mudslid·s, ground failure, or similar hazards? Air. Will the proposal result in: Substantial air missions 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? Substantial changes in absorption rates, drainage petterns, or the rate and amount of surface runoff? Ce Alterations to the course or flow of flood waters? de Change in the amount of surface water in any water body? ee Discharge into surface waters, or in any alteration of surface water quality, including, but not limited to, temperature, dissolved oxygen or turbidity? Alteration of the direction or rate of flow or ground waters? Yes Maybe No X X X X X X X X X X X STAFFRPT\VTT2500aI Change in the quantity of ground waters, either through direct addi- tions or withdrawals, or through interception of an aquifer by cuts or excavations? 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: a® be Change in the diversity of species, or number of any native species of plants l including tress, shrubs, grass, crops, and aquatic plants ) ? 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? -Substantial reduction in acreage of any agricultural crop? Animal Life. Will the proposal result in: ae Change in the diversity of species, or numbers of any species of animals (birds, land animals including rep- tiles, fish and shellfish, benthic organisms or insects)? Reduction of the numbers of any unique, rare or endangered species of animals? Deterioration to existing fish or wildlife habitat? Yes Maybe No X X X X X X X X X X STAFFRPT\VTT2500~ 3 Yes Maybe No 10. 11. 12. 13. Noise. Will the proposal result in: a. Increases in existing noise levels? 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 plannod land use of an area? Natural Resources. Will the proposal result in: Substantial increase in the rate of use of any natural resources? be 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 (including, but not limited to, oil, pesticides, chemicals or radiation) in' the event of an accident or upset conditions? 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 are? Housing. Will the proposal affect existing housing or create a demand for additional housing? Transportation/Circulation. Will the proposal result in: Generation of substantial additional vehicular movement? X X X X X X X X X X X STAFFRPT\VTT2500q ~ 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 and/or goods? ee Alterations to waterborne, rail or air traffic? fe Increase in traffic hazards to motor vehicles, b/cyclists 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? - Parks or other recreational facilities? ee Maintenance of public facilities, including roads? f. Other governmental services: Energy. Will the proposal result in: Use of substantial amounts of fuel or energy? be Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? Yes Maybe X No X X X X X X X X X X X X X STAFFRPT\VTT2S00~ 5 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: 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? Ce Does the proposal have the potential to cause a physical change which would effect unique ethnic cultural values? Will the proposal restrict existing religious or sicred uses within the potential impact area? X X X X X X X X X X X X X STAFFRPT\VTT2500q 6 Yes Maybe No 21. Mandatory Findings of Significance. 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? X Does the project have the potential to achieve short-term, to the disadvantage of long-term, environ- mental goals? {A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future. ) X 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. )' X Does the project have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly? X III Discussion of the Environmental Evaluation Earth 1,3, No. The project site will be graded as part of a mass grading effort. There will be substantial grading for this project. However, a conceptual mass grading plan for the project was approved by the City Engineer and designed in accordance with Temecula's standards and the Conditions of Approval. 1.b. Yes. All development disrupts the soil profile to some degree and results in soil displacement, compaction, and overcovering. This impact is not considered significant. 1 .c-d. No. The mass grading effort was designed to adhere to the gross natural topography of the site in its original condition. While substantial grading and recontouring of this site will occur in the immediate area, the overall plan is intended to promote preservation of site topography. 1.e. Maybe. Wind and water erosion potentials will increase during the construction phase and remain high until disturbed areas are replanted. The wind erosion impact is considered significant but will be mitigated through minimal grading, retention of natural vegetation whenever feasible, and use of watering trucks and hydro-seecling of disturbed areas after grading. After the project is completed, increased water run-off during floods may occur. Water will be channeled to drainage easements and streets. Appropriate drainage control devices will have to be approvad by the City Engineer and designed in accordance with Temecula's standards and the Conditions of Approval. No. Since the project site is not adjacent to any creek or stream bed, the proposed project will not cause erosion of or deposition into any creek or stream bed. 1.g. No. The subject site is designated as subject to liquefaction and subsidence by the Riverside County General Plan. To mitigate under hazard, a geological report has been prepared. This report contains mitigation measures addressed in the Conditions of Approval. Air 2.a-c. No. The proposed project will not significantly impact the areats air quality. Water 3.a,d-e. No. The proposed project will not impact any marine or fresh water bodies. The proposed project will incrementally affect the quantity and quality of run-off water in the City. 3.b. No. The proposed project will inhibit the absorption of water into the ground through the construction of impermeable surfaces on the site. Run-off will increase but not substantially. STAFFRPT~VTT2500q 8 3.c. 3.d-g. 3.h. 3.i. Veqetation ~.a-c. ~.d. Wildlife 5.a-c. Noise 6.a-b. No. Flood waters will continue to be diverted to the streets and flood channels. No. The proposed project will not significantly affect the flow or quantity of ground waters. No. The proposed project will not impact the public water supply. No. Conditions of Approval are included for this project which require proper design and installation of drainage conveyance devices. No. No sensitive vagetational associations or species were identified on-site. No. No agricultural production occurred on-site. No. A survey for Stephen's Kangaroo Rat prepared for this project analyzed biologic resources on-site. Individuals of the Stephen's Kangaroo Rat were found. Conditions of Approval and habitat preservation measures have been included in the Conditions of Approval and on the Tract Configuration. No. Analysis indicates that the project site may be exposed to significant levels of noise as a result of traffic on Murriata Hot Springs Road. However, it is concluded that the project design, when proposed, will comply with the interior noise exposure standard placed on residential construction by the County of Riverside and the State~s noise insulation standards. It is further recommended that the final engineering design of the project be reviewed by a recognized acoustical engineer to ensure compliance with the County~s noise standards. Liciht and Glare Yes. However, the project has been conditioned to comply with applicable lighting atanderds. Land Use No. Project is consistent with both the zoning designation and the Southwest Area Community Plan. Natural Resources 9.a-b. No. This project itself will not significantly increase the me of use of natural resources, Construction materials and petroleum products will be used extensively to support the specific plan project overall, STAFFRPT\VTT2500~ 9 Risk of Upset 10.a-b. No. The proposed project will not promote a risk of explosion or release hazardous substances nor will it inteRere with emergency response plan or an emergency evaluation plan. Population 11. Yes. Although the project proposes to increase the density from one dwelling unit to 135 units, the proposed project is consistent with the City Land Use Designation (according to SWAP). Housinq 12. No. Since the proposed project will create housing, the proposed land use will not create a demand for additional housing. T ran sportati on / C i rcu l ation 13. a. Maybe. 13. b-e. No. 13. f. Maybe. The Traffic Study which was prepared for the proposed project has addressed potential traffic impacts and has concluded that the cumulative impacts will not be significant. Public Services No. The proposed project will not have significant adverse effect on public services other than parks and recreational facilities. Enercly 15.a-b. No. The proposed project will not result in the substantial use or increase in demand of fuel or energy. Utilities 16.a-f. No. The proposed project might require the use of utilities but will not require substantial alteration to the existing system. Human Health 17.a-b. No. The proposed project will not have significant adverse affect on human health. Aesthatica 18. No. Because the proposed project has been designed to be compatible with the surrounding neighborhood, there will be no significant impact on aesthatica. Recreation 19. No. Because the proposed project will not be removing any facilities currently used for recreational purposes. STAFFRPT~VTT2500q 10 Cultural Resources 20. a-d. No impact. Mandatory Findincls of Siclnificance 21 .a. No. The proposed project will not have a significant impact on plant or wildlife species. However, if a project is located within an area designated by the Riverside County as habitat for the endangered Stephen's Kangaroo Rat, the project will be subject to mitigation fees for the Stephen's Kangaroo Rat Habitat Conservation Plan. 21 .b. No. The proposed project will not have the potential to achieve short- term, to the disadvantage of long-term, environmental goals. 21 .c-d. No. The proposed project will not have impacts which are individually limited or cumulatively considerable, nor will they have environmental affects which will cause substantial adverse effects on human beings, either directly or indirectly. 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- ticant effect on the environment, there will not be a signi- ficant effect on this case because the mitigation measures described on attached sheets and in the Conditions of Approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date For CITY OF TEMECULA X STAFF R PT\VTT2500~ 12 .ANN '/. V~:S':'TN<] 'Pr-:NTA'PTVE '['RAc,"P N<). m"~iAN(.:"' (1)" :/()N'-: hh i t ~rnDn.~.a~ t,~ SllDrllVl(ie 47.4 acres lr)to jib 5illQie iam3 Iv iota. CnanQe Enne from R-RI/2 to R-1 jn coniunction with Vest~.nq 'Centati. ve ~ract No. 25004. PrnDertV ~s ,ncate~ at the intersection of Nicholas and Joseon Roads. Oi'.TVw. R MUJICA presented the staff report on thas item. Mr. Muitca stated that Con~ll. tton No. 22 should be modi{zed to read a.~ fo).lnws: "Prior to issuance of any QradinQ permit, toe applicant must submit either a letter from th~ Department of F~sn and Wi Id]~fe wh]cb states that the 1. oenti. f.l. ed habitat area wi1~ not be a{{ected by the DrnDose~ development or sl3aj] obtain a ]0A permit, subiect to the approval o~ the Pianntnq Director. COMMISSIONER UO&GI.AND auestxoned the findlnqs of the environmental xmmact of this Droiect. OLIVER MUJICA stated it was a NeQative Declaration. COMMISSIONER HOAGLAND stated that the Resolution indicates that no environmenta{ lmDact will occur, when in fact an envzronmental impact will occur however, it wlll be m3t~gate~. Commissioner Hoaqland felt that the Neqative Declaration and the Resolution should be consistent.and suQQested that the Resolution state that an environmental impact will occur however, it will be mit~qated to the extent that a Neqative Declaration can be (i[ed. Staff stated that they would modify the Resolution to be consistent with the Neqative Declaration. CONMISSIONMR HOAGLAND asked if Condition No. 60 a. would include siqnals at Nicolas Road or any type of traific control. TOM BORMNTINO, Traffic Enqineer, stated that they did reauire this proiect to install a traffic siqnal as a result of the traffic study. MIM. 9/17/90 -12- g/M/gO PLANNING COMMISSION N INIrrE.'~ SEPTFJ4BER '{ '/. I g90 GAF~Y KOON'PZ, C--M Ena3 neer~ nn As.~ncq ares, 43 593 W~ ncnester Roao. 'l?~m~cula. stated that Fish and WitdLife ~as rPnuP.~t~n t~at the aDDilcant not disturb th~s arPa an~ t~at. they fence it off. He stated that the aoollcant i~ wi{{3no to a~ a cnnd~t3nn that lots ]38 and ]39 w3ll b~ ~enced on toe north and south boundaries as aoorove~ bv SCE and ~WD, a~ we.){ a~ the landscap~nQ of lots 140 and i4L. He ~tated that the aDultcant concurs with the Cnnditinn~ Ot Approva.I set forth by staff. COMMESSIONER FORD asked if Lot 137 would also be included in the condition to fence off the easements. GARY KOONTZ stated that they would aQree to include Lot 137. COMMISSIONER FORD suaqeste~ that the applicant miqht submit a request to SCE and MWD for the open areas to be used as Parks. GARY DIX. aop]icant. 25]42 Barch Drive, Dana Point, stated that as owner they would be very happy to deed over the land to the c~tV to be used for a park. BILL ANDREWS, 39515 Liefer Road, Temecula, stated that he owned property a.ionQ the eas~ side of these easements and preferred that they not be improved. DIANA WALTER, 42683 Loma Portpin, Temecula, stated that she also owned property alonq these easements and preferrea to see them Qated at both ends. GARY THORNHILL indicated that due to the small amount of ]and that would ultimately be dedicated, it miaht be in the cit?'s best interest to accept the fees in lieu of the land. COi~ISSIONER CHINI&EFF suggested conditioning the map to get an irrevocable prier of dedication and the city could determine if they wanted to use the land for park space. GARY THORNHILL stated if the city accepted the land, then the applicant could be reimbursed for the aIM. 9/17 / 90 - 13- 9/2 I/90 Pr,ANN ~ NC, CO~4M 1 ~,q l ON ~! I SW.P'nh'.MF~F.~ I 7 o I ¢}90 CONMISS'lONER HOAGLAND auestioned the aesiqn aulaellnes enclosed in their packages as they relate to the project. mne Comm]~slon ~ndicated there were Inconsistencies in what they received and what was presented. COMMISSIONER FAHEY moved to not close the public hearino and continue Vesting Tentative Tract No. 25004 and Zone Chanoe ot 5611 to toe Plannino Commission meeting of October L5, 1990. GARY KOONTZ asked what issues staff would be addressing. GARY THORNHILL stated that they would be looRinq at the following issues: use of the easements, the au]de]]ne standards which relate to the maD, the dedication of easements, look at Lot 137 as park space, as well as Lot 338, chec~ the consistency of the verbage for the [anascape for toe front yards and the maintenance w~th what is proposed ~n the Conditions of Approval, the wall proposed between Lot 149 and Lot 150 ana obtalnin~ a section grade for the Commission to review-. COMMISSIONER FORD seconded the motion which carried unanimously. AYES: 5 COMMISSIONERS: Blair,. Fahey, Ford. Hoagtand, Chiniaeff NOES: 0 COMMISSIONERS: None MZ]l. 9/17/90 -14- 9121190 Case No.: R ecommendation: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION October 15, 1990 Prepared By: Mark Rhoades Vesting Tentative Tract No. 25004 Change Zone No. 5611 1. Adoption of Negative Declaration 2. Approval APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCAT ION: PROJECT DESCRIPTION: Brent Dix C-M Engineering Vesting Tentative Tract No. 25004 to subdivide approximately 59.0 acres into 135 single family lots, and Change of Zone from R-R to R-1. Northeast corner. .of.Seraphina Road and Rita Way. Zone Chanqe Change of Zone 56'11 is a proposal to change the zoning of the subject 59 acres from R-R (Rural Residential), which requires a one acre minimum lot size, to R-1 (Single Family Residential), which requires a 7,200 square foot minimum lot size. The project site is surrounded by A-1-10 (Agricultural, 10 Acre Minimum) and R-R-2 1/2 to the east, and R- R to the south and west. This project will provide a buffer zone between the higher County approved density to the north, and existing lower density R- R zoning to the south. The Winchester Specific Plan area, which is to the north and northwest, contains lot sizes averaging approximately 4,500 to 5,000 square feet. This is substantially higher than the density of the proposed project. The SWAP identifies this area as residential, 2-4 dwelling units per acre. The proposed Change of Zone is consistent with this designation. Tentative Tract Vesting Tentative Tract No. 25004 is an application to subdivide 59 acres into 135 single family lots. STAFF R PT\VTT2500~ 1 BACKGROUND: ANALYSIS: Four It) additional remainder lots will be created, two 12) of which will be considered for park dedication ILots 137 and 138). The proposed lot sizes range from 7.200 square feet to 17,825 square feet with an average lot size of approximately 8,800 square feet. The approval and density of this project is dependent on the approval of Zone Change No. 5611. At its regular meeting on September 17, 1990, the Planning Commission continued Vesting Tentative Tract Map No. 25082 and Change of Zone No. 5611. The Commission requested that the applicant submit additional information regarding grading, design guidelines and park space. Subsequent to the Planning Commission hearing Staff met with the applicant's representatives to discuss the Commission's concerns. On September 28, 1990, the applicant submitted the additional information. The applicant provided the following information in response to the Commissionis concerns: 1. Provide Cross Sections for Slope Analysis: Pursuant to Staffis recommendation, the applicant identified three samples. The samples represent worst case examples of grading cuts located on site. Staff has reviewed the cross sections and has identified the maximum vertical cut to be approximately 30 feet high. 2. Revise Desicln Guidelines: The revised design guidelines reflect current lot and tract numbers. No changes were made to the design criteria as they pertain to development standards. 3. Park Space Involvinq MWD Easement Area: Lots 137 and 138 represent 16.4 acres of unbuildable land covered by Metropolitan Water District and Southern California Edison easements. The applicant has offered to dedicate this area to the City for future park space. Currently, Staff is only requiring dedication and no improvements are proposed. However, because the land has limited usefulness as a park, it is St~FFIs recommendation that the proposed offer of STAFF R PT\VTT2500~ 2 dedication not be credited towards the Quimby requirements as contained in Condition of Approval Number 2~. STAFF RECOMMENDATION: Planning Department Staff recommends that the Planning Commission: ADOPT the Negative Declaration for Vesting Tentative Tract No. 2500~ and Change of Zone No. 5611, based on the analysis and findings contained in the Initial Study and Staff Report; and, APPROVE Change of Zone 5611, based on the analysis and findings contained in the Initial Study and Staff Report; and, APPROVE Vesting Tentative Tract No. 2500q, based on the analysis and findings contained in the Staff Report, subject to the attached Conditions of Approval. MR:ks Attachments: Resolutions Conditions of Approval Planning Commission Staff Report dated September 17, 1990 Planning Commission Minutes of _ September 17, 1990 Large Scale Plans STAFFRPT\VTT2500~ 3 as ARSmi mo d, se, ~:~S: ONERS : MMISS[~ : t~ m~nutes Oct SS BLAI and c; BJ R~ r. hey. Non, HoaQ [ a, n~aef ]{oN - PU ? rTIAf. adv~ be t~nu. to SSI. movec d nc Rt~ve Novem 5, , se as f ows: the NO : CONMI. NOES: 0. ARS] : ) coat ct Ma SP 1 ssi. that wo d r9t/95a,' 3 99id~~' f ' NER O&O ~, a car led -.. F he , Hoa and PUBLIC HEARING ITEMS 4. CHANC, R OF ZOllR NO, 561] and 5. VESTING q, RNTAT[VE TRACt NO. 25004 4.1 Proposal to chance zone from R - R 3/2 to R-1 in conjunction with VTTM 25004 on project located at east side of Joseph Road approximately ],000 feet north of Nichotas Road. MINUTES 10/151 90 -2- 10/24190 PI,ANNINC- 'COMMISSION NINU~'F.S - OCTOBER ] 5, ] 990 5.1. Proposal to suhdlvtde 42.4 acres 1. nto 1.1.5 sinere fRmi.lV )OrS on oroiect .In~-at.d Rt .a.-t side of .losebb Road aDDroxi. matetv J.,000 ~eet north ~ N~ cool as Roa~. OI, IVF. R MUJICA presented the staff report on this item. He reminded staf.~ that this item was continued from the P) an,in¢i Commi ss.~ on meet.ina of September ] 7, t.990, to provide additional ~n[ormati. on on th~ d~siQn au~e.t~n~s as they r~Jat~ to th~ units and th~ easement a~ross t,~ Dr~Dertv, COMMISSIONER HOAC-I,AND ask~ if there w~re any studies on tn~, 1, roDact the French Vai. l. eV Aj. rDort woul. d hav~ nn this Droiect ~uP to it'~ c.losP proximity, GARY THORNHII,[, stated that the Co~enlssion could reauire a, advisory notice to the future property owners that they may be imoact.~.d bv aircraft noise. Assistant City Attorney JOHN CAVANAUOH concurreel. COMMISSIONER HOAGLAND stated that he would li~e the a~v.isorv notice as an addl tioDa} condition. COMMISSIONER CR[NIA.W. PP auestioned who woutd construct the br~e over t~ cr~ adjacent to Nicolas Roa~. JOHN M[DDI, ETON stated that the orimarv access to the DroPlet would be Mufflers Hot Sor~n~s Road'. ~ stated that h~ ~ad discussed -with th~ aDD[ican~/bui tdi. n~ a s~c'ondarv access. B~ stated that h~ thouoht Assessment D~strlct 1.61 wou[d buitd the imvrov~m~nts over th~ creek as well as the completion of Murri~ta Bot Svrines Road. COMMISSIONER Cl{INIAEFF asked who would be mai. ntainina the ]ors in the desiunated SKR habitat area. OARY THORNHILL stated that if those lots were accented as dedication to the City for public Dark space, t~en the city wouJd have to maintain it: however, it Xt was decided not to accent the dedication, then the lots would have to be maintained by the Homeowner's Association as covered in Conditi on No. 30. -3- Pw.ANNINC- C0MMISSJON MINU.q'RS OCTOBER ] 5, ] 990 COMMISSIONER CH[NtAF.~F au~.~ti. on~.d the rotation o~ the COMMISSIONER CHIN[AEFF o~n~.d th~ oubtic hearinG. GArY MOON~'~.. CM Rno3ne~rqna. reor~sent3no the aoo)~cant. .qtat~d that they had addressed th~ 1.~U~ of th~ airport znn~ and f~l that th~ DroPlet ~s not imv~ct~d: however. ~.f l.t i.s d~t.,rmln~d that they ar, in th~ airoort land us~ znn~, they wn,)~ hay, to out a notice ~n the CC&R's ~ w~l i. a~ ~h~ O~oartm~nt of R~8I. Estat~ ~ubtic r~oort. ,omnl~t.~ ~h~ lmornvRment~ fn~ Assessment District t61 and Murr~eta Hot S~r~nos Roa~ w~]) be completed dnwn to Wl, nch~ste~ Road, an w~l. [ as the b~idae at Genera[ Kearny wn~nn w~.l ornv~d~ s.cnn~arv access. He staten t~at the ~nol.~cant i.s aware that i~ the Assessment District t.h~v ~rP r~soons~ble for the secondary access. He added that th~ entry mnnum~nts fn[I. ow~d county quidelines: nnw~v~r. t hP ~es~an p,~ans can be modified and the ano[i. cant would be wi.[[inq to work with staff and re- }ocat~ thP entry monument. LF, T~.[E ROO~,S, 30396 Mira Loma Drive, Terns. tufa, ~.ANNING CONMISSION MINII~.S 0C.?OBER ] 5, ] 990 Ni. cnl. as Road to Joseph. COHNISSEONER FAHEY asked how t~i~ Prniect tied 3ntn North Genera} Kearnev Road. Staff stRt~.d that th~ n~twork that would tt~. North O~n~raL Kearn~v to Jo.~ep~ Roa~ wn~l.l~ be part ot another d~v~tn~m~nt. COMMISSIONER PAHF. Y moved to c} os~ the pub] ~ c b~,ari na and a~ovt th, NeOat~.ve Dectabard. on for Vestino ~ntat~.v~ · ract No. ~5004 and ChRnap of Zon~ No. 563:1, approve Chan~ n~ Zone No. 56.1,1. and approve Vesting T~ntati. ve 'Pratt No. 25004 ~u~jeet to th~ Conditions nf Approva) as ~ubmi. tted hy staff with the for towing modifications: ~d a ~ond~tion rPotl~r~n~ tb~ project to ~o thrnuQ~ toe proper aDornvat process i.f Incated within th~ d~,~onat~d by tb~ ~rport Land Use Co~ssjnn: a condition a~v3. s~.no prospective [and owners of the oossib[e noise due to t~ e.ln~P proximity of th~ project to the airport. GARY ~HORNHI[,L added that said notice be intruded in the Wbi?~ R~oort by the State P~partment of Real Estate be ~.nc[uded in that condition as an advisory to the deed owners. ~s~stant C~tv Attorney OOBN C~V~N~U~R advised the Co~i.~s3. on that it the project is not in the desi. qnated Rr~a 5v tb~ ~rport [,and U~e Co~ssjon, but ~tj]] close ~.n ornxi. mi. tv, the Department of Real Estate wii]. re~ui. re ~ Wh~t~ Report b~ prov~ to d~Pd owners. ~H~Y continued wi. th he~ moti. on to intrude a condition for tn~ ~pp.l~cant to work w~th the School P~str3ct and ~n~i. nee~i.n~ O~Da~tment to vr~v3. d~ a' safe waI kin~ path Rcc~ ~'~ N~e-oJa~ Schon]t'~ condition reeu]r~no the d~d~.~at~.nn of tots 1.36, "'1.37, ~.38 and ].40 unimproved and tO- Ollimby ~ct Fees to be paid by the deve]oper: a condition ar~an~in~ for the maintenance of th~ entry. signs w~tb t~e viacement and design of the siena soproved by staff. The motion was seconded by C~ISSIONER G~RY ?HORNBILL ouestioned the maintenance of the Jot adjacent to Street "A" (the top of Lot 141). CO~ISSIONER FAH~ amended t~e motion to include that the maintenance of the Iot should be ~rovided by the Momeowner's Association or that th~s lot be added to )of 135, whichever staff decided was most aDmrooriate. ~Y ?HOR~II.L asked ~f Condition No. 30 ~ertainino to a Homeowners Assnciatlon shouEd be deleted. ~ISSIONER F~ stated that Condition 30 reouirine a Homeowners PLANNTNC- COMMISSION MINU~'F.S OC.~ORER ] 5, ] 990 Association would remal. n i.n the Conditions ot ADoroyal. TbP aov.)icant advis~n t~ Cn~iss)nn that l,ot ]36 had be~n ourchased by th~ county tot the enroll. eli. on ot Murrieta Hot Sor~.nos Road. COMMISSIONER F~H~ amended h~r motion to i. ncl. ud~ an advi. snrv nnti. c~ stati. nq that Lot 1,36 ontv be n~d~ ~t~d i f tn~ or~v~ ous e.I ~ms to t~t [.nt w,r~ not ~x~reis~d by th~ nnuntv and also that. the maintenance nt Lot m4'm n~ vrnv~en by t.n~ ~ev~Zloo~r unti) jt also becomes ~art ot th~ d~dlcatton. CO~ISSION~R HO~QI,AND s~cnnded th~ ~m~n~m~nts tn tb~ mnt~nn. ~nd the motlnn carr)e~ as ~Y~S: 3 COMM l SS .] ONERS: Fahev. HnaQ.land, Chlntaeff NOES: 1. CO{~J~ISSIONERS: Bi. ai.r ABSENT COMM :T SS :/ONERS: Fnrd 6 a omlni subdl ,ision 1 o r ' Roa ~nad c~a zma So}. ~lssi whic st; t~res o ~sh -ar.o[, a ] onf la r~a and qat, entr i.t ales Mr ii stated st a addr~ ed a k iocat of t~ Darki cur~ He a star cox t he t ~ro" . that hi s a on -Se' di re ed th the conc~ re nq a b,~ DOt, f fe the i .ues r Wa St1 I ] at ~tlrld r II. 0', at work th tie Jan q Dark Iif if ..ms. e the ITEM NO. 15 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Counci|/City Manager Planning Department November 13, 1990 Adult Business Ordinance PREPARED BY: RECOMMENDATION: Gary Thornhill That the City Council adopt ordinance No. 90- , extending interim Ordinance No. 90-18, an ordinance regulating adult business. BACKGROUND: DISCUSSION: On October 9. 1990, the City council adopted an interim zoning ordinance J see attached staff report and ordinance) to the regulation of adult businesses within the City. The interim ordinance was adopted for a period of 45 days, which terminates on November 23, 1990. Upon the expiration of this time period, the City may extend the period for another ten months and fifteen days. Because the 45 day time limit expires on November 23. 1990, Staff is recommending that the ordinance be extended for an additional ten month and fifteen day period, pursuant to the provisions of Coyeminent Code Section 65858. Subsection I d) of Section 65858 further requires that, 10 days prior to the expiration of the 45 day period, the Council must "issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance." This report fulfills the requirements of the above referenced code section. STAFFRPT\ADULT 1 The proposed measures the City will be undertaking to alleviate the condition relating to the adoption of the adult business ordinance include: Extending the current ordinance in order to allow the City time to prepare a permanent ordinance. Interviewing consultants to prepare the General Plan for the City, which witl contain provisions relating to appropriate land use categories for adult businesses. Initiating a spacing ordinance to ascertain the appropriate spacing between adult businesses and other, potentially non-compatible uses. GT:ks STAFFRPT\ADULT 2 sf f/AGDl1893 CITY OF TEMECULA AGENDA REPORT TO: FROMZ DATE: MEETING DATE \ SUBJECT: CITY MANAGER/CITY COUNCIL SCOTT F. FIELD, CITY ATTORNEY ~ OCTOBER 4, 1990 OCTOBER 9, 1990 ADULT BUSINESS URGENCY ORDINANCE RECOMMENDRTIONz That the City Council adopt ordinance No. 90-XX, an interim zoning ordinance regulating adult businesses. DISCUSSION: Staff recently learned that =here is no existing Riverside County Ordinance regulating adult businesses (bookstores, movie houses, nightclubs, etc.). Accordingly, the City Manager directed the City Attorney to prepare an interim urgency ordinance until more detailed development regulations may be preparedj The ordinance does the following: it limits adult businesses (including adult theaters) to the C-2 or a less restrictive zoning. It also makes the existing CUP requirement in Ordinance 348 applicable to adult uses and adds additional conditions to be placed on the use. addition to a CUP, an adult business permit will be required. This permit cannot be transferred and must be renewed annually. This ordinance may be adopted immediately for 45 days under Government Code Section 65858 (a copy of which is enclosed). The ordinance then may be renewed for ten months and fi£teen days after notice and hearing. -1- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA RELATING TO ADULT BUSINESSES AND REQUIRING A PERMIT THEREFOR WHEREAS, the City Council of the City of Temecula has determined that it is necessary to immediately examine the possible effects on the quality of residential and commercial development of adult businesses locating within the City of Temecula and its residents; and WHEREAS, the City has an interest in preserving the quality of urban life; and WHEREAS, studies and experiences within other cities in Southern California show that such adult businesses may cause blight or downgrading of residential and commercial areas; WHEREAS, until the City has had a chance to more fully determine the possible negative effects of such adult businesses, it is necessary to adopt an interim ordinance on an urgency basis to regulate the location of adult businesses in order to protect public safety, health and welfare. WHEREAS, the City adopted by reference County of Riverside Ordinance No. 348 regulating Land use (hereinafter Ordinance No. 348); NOW THEREFORE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES IIEREBY ORDAIN AS FOLLOWS: SECTION 1. Purpose and Intent. It is the purpose and intent of this oidinance to provide for the comprehensive and orderly regulation of adult businesses. It is recognized that these establishments by their very nature may have serious objectionable operational characteristics which, when concentrated, can have a deleterious effect upon areas. In order to protect and preserve the public health, safety and welfare of the citizenry, especially including minors, special regulation of the time, place and manner of the operation and location of these establishments is necessary. SECTION 2. Definitions. The following words and phrases shall, for the purposes of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. A. "Adult bookstore" means an establishment having as a substantial or significant portion of its stock in trade material which is distinguished or characterized by its emphasis on matter depicting, describing or related to specified sexual activity or specified anatomical area, or an establishment with a segment or section thereof devoted to the sale or display of such material. 3/Ords90-18 -1- B. "Adult business" means a business which is conducted exclusively for the patronage of adults and as to which minors are specifically excluded from patronage, either by law and/or by the operators of such business. "Adult business" also means and includes any adult bookstore, adult cabaret, adult hotel or motel, adult theater, adult model studio, body painting studio, massage parlor and any other business involving "specified sexual activities" or display of "specified anatomical areas." C. "Adult cabaret" means any nightclub, bar, restaurant, or similar establishment which is distinguished or characterized by its emphasis in the entertainment presented on: 1. Live performances which is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas; and/or 2. Films, motion pictures, video cassettes, or slides or other photographic reproductions whose dominant or predominant character and theme is the depiction of specified sexual activities or specified anatomical areas for the observation by patrons. D. "Adult hotel/motel" means a hotel or motel, which provides through closed-circuit television or other media, material which is distinguished or characterized by the emphasis on matter depicting or describing or related to specified sexual activities or specified anatomical E. "Adult model studio" means any establishment open to the public where for any form of consideration of gratuity, human models who display specified anatomical areas are provided to be observed, sketched, drawn, painted sculpted, photographed, or otherwise depicted by persons other than the proprietor paying such consideration or gratuity. This provision shall not apply to any school of art, a firm which is operated by an individual, firm association, partnership, corporation or institution which meets the requirements established in the Education Code of the State of California for the issuance or conferring of a diploma. F. "Adult picture arcade" means any place to which the public is permitted or invited wherein coin or token-operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine, at any one time, and where the emphasis of the images so displayed is on depiction of specified sexual activities or specified anatomical areas. G. "Adult theater" means a theater, concert hall, auditorium or similar establishment, either indoor or outdoor in nature, which presents live entertainment, films, motion pictures, slide photographs, video cassettes or similar photographic reproductions which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas. H. "Body painting studio" means any establishment or business which provides the 3/Ords90-18 -2- service of applying paint or any other substance, whether transparent or not, to or on the human body when such body is wholly or partially nude in terms of specified anatomical areas. I. "Massage parlor" means any place where for any forms of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment of manipulation of the human body occurs. J. "Material relative to adult businesses" means and includes but is not limited to accessories, books, magazines, photographs, prints, drawings, paintings, motion pictures and pamphlets or any combination thereof. K. "Specified anatomical areas" means and includes any of the following: 1. Less than complete and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point above the tope of the areola; or Human male genitals in a discernible turgid state, even if completely or opaquely covered. L. 1. "Specified sexual activities" means and includes any of the following: The fondling or touching of human genitals, pubic regions, buttocks, anus, or female breasts; or 2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or 3. Masturbation, actual or simulated; or 4. Excretory functions as part of, or in connection with, any of the activities set forth in subsections 1 through 3 of this section; or 5. Human genitals in a state of Sexual stimulation or arousal. SECTION 3. Restricted to Commercial Zones. Notwithstanding any provision to the contrary in this rifle, no adult business shall be established, expanded or conducted except in a C-1/CP and then shall conform to the regulations contained in this ordinance. SECTION 4. Conditional Use Permit. No adult business shall be opened, established or relocated except upon the granting of a conditional use permit therefore in accordance with Sections 18.28 of Ordinance No. 348 and Section 5 hereof, in addition to the Adult Business Permit required by this Ordinance. The requirements of Ordinance 348 and of the ordinance first shall be construed in a manner to make them compatible. Where there is a conflict between the two, this ordinance shall control. 3/Orals90-18 -3- The requirements of this ordinance shall be similarly construed with Riverside County Ordinance Nos. 543 and 627, as adopted by reference by the City Council. The restrictions of Ordinance No. 348 shall continue to apply. SECTION 5. Operational Criteria. In addition to the base zone requirements governing use and minimum development standards, the following additional requirements shall be met by adult businesses which additional requirements shall be included in the conditional use permit. A. The use shall have an Adult Business Permit. B. Said use shall have a separate business entrance adjacent to the required parking area. Additional off-street parking facilities may be required if deemed necessary by the Planning Commission or City Council. C. The Planning Commission shall review and approve all signing and architectural graphics. D. Maximum occupancy load, fire exits, aisles, and fire equipment shall be regulated, designed and provided in accordance with the fire department and building regulations and standards adopted by the City of Temecula. E. No adult business shall be conducted in any manner that permits the observation of any material depicting, describing, or relating to specified sexual activities or specified 'anatomical areas from any public way or from any location 'outside the building or area of such establishment. This provision shall apply to any display, .decoration, sign, show window, or other opening. F. Lighting in Parking Lots. Lighting shall be requii:ed which is designed to illuminate all off-street parking areas serving such use for the purpose of increasing the personal safety of store patrons and reducing the incidents of vandalism and theft. Said lighting shall be shown on the required plot plans and shall be reviewed and approved by the Department of Community Development. G. Amplified Sound. No loudspeakers or sound equipment shall be used by an adult business for the amplification of sound to a level discernible by the public beyond the walls of the building in which such use is conducted or which violates any noise restrictions as may be adopted by the City of Temecula. H. The building entrance to the adult business shall be clearly and legible posted by a notice indicating that minors are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the Planning Director. I. Picture Arcades. 3/Ords90-18 -4-- 1. No picture arcade shall be maintained or operated unless the complete interior of the picture arcade is visible upon entrance to such picture arcade. No partially or fully enclosed booths or partially or fully concealed booths shall be maintained. Notwithstanding Section 11 of this ordinance, any picture arcade lawfully in existence prior to the adoption of this subsection shall conform to the provision of this subsection within three (3) months of the effective date of this section. This subsection shall also be applicable to any picture arcade which is not open for business prior to the date that this section takes effect. 2. Minimum Lighting. No person shall operate a picture arcade unless a light level of not less than two (2) foot candles at floor level is maintained in every portion of said establishment to which the public is admitted. 3. Wall and Partition Construction. No person shall operate a picture arcade unless any wall or partition which is situated so as to cream a room or enclosure in which any image producing device is located is constructed of not less than 1-hour fire resistive material. 4. Minimum Aisle Width. No person shall operate a picture arcade in which the width of the aisles in any room where an image producing device is located is less than forty-two (42) inches. 5. Minimum Doorways. No person shall operate a picture arcade unless there are no fewer than two (2) doorways of a width no less than thirty-six (36) inches which provide ingress or egress from any room from which an image producing device is located; provided, however, that one (1) doorway shall be sufficient in the event the fire marshal should so determine. The doorway or doorways shall be unlocked during business hours. 6. Lighted Exit 'Signs. No person shall operate a picture arcade unless over every doorway which provides egress from any room in which an image producing device is located, an internally illuminated exit sign with letters of at least five (5) inches in height is maintained. 7. Maximum Occupancy Load. No person shall operate a picture arcade in which the number of persons in any room or partitioned portion of a room where an image producing device is located exceeds one (1) person per thirty (30) square feet. The maximum occupancy permitted in any room or partitioned portion of a room in which an image producing device is located shall be conspicuously posted by the operator, sand shall remain posted, at the entrance to said room. 8. Maximum Number of Devices. No person shall operate a picture arcade in which the number of image producing devices exceeds the maximum occupancy load permitted in any room or partitioned portion of a room in which an image producing device is located. SECTION 6. Adult Business Permit. A. Operators of adult businesses must obtain an adult business permit in addition to a 3/Ords90-18 -5- conditional use permit. Such adult business permit shall be non-transferable and must be renewed on a yearly basis on the anniversary date of the original application. The permit obtained is not transferable and a new permit must be obtained if the business is leased, sold or otherwise transferred for any reason. B. Applicants for such permits shall file a written, signed and verified application or renewal application showing: 1. The name and permanent address of applicant. 2. The name and business address of the applicant. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation and the applicant shall show the name and residence address of each of the officers, directors, and each stockholder owning not less than twenty-five percent of the stock of the corporation. If the applicant is a partnership, the application shall show the name and residence address of each of the members, including limited partners; 3. A detailed description of the manner of providing proposed entertainment, including type of entertainment and the number of persons engaged in the entertainment; 4. Hours of operation; 5. A location, address and floor plan showing where the specific entertainment uses are proposed to be conducted within the building; and 6. The name or names of the person or persons having the management or supervision · of applicant's business and of any entertainment; and 7. A statement of the-nature and character of applicant's business if any, to be carried on in conjunction with such entertainment. 8. For a renewal application, applicant in addition shall indicate any changes since the filing of the initial application. C. All applications for a permit or renewal shall be filed with the City Police Department on forms prescribed by the Police Department. Each application determined by resolution of the City Council shall be accompanied by a non-refundable fee for filing or renewal determined by resolution of the City Council, which fees will be used to defray the costs of investigation, inspection and processing of such applications. D. After an investigation, the Police Chief shall issue a permit or renewal if he finds: 1. That the building, structure, equipment and location used by the business for which a permit is required herein complies with the requirements and meets the standards of the health, zoning, fire and safety laws of the State of California and of the ordinances of the City of 3/Orals90-18 -6- Temecula; 2. That the applicant, his or her employee, agent, partner, director, officer, stockholder or manager has not knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit, or in any report or record required to be filed with the Police Department, Sheriff or other department of the City; 3. That the applicant has not had any type of adult business permit revoked by any public entity within two (2) years of the date of the application; 4. That on the date that the business for which a permit is required herein commences, and thereafter, there will be a responsible person on the premises to act as manager at all time during which the business is open; and 5. That the applicant has shown how the on premises manager will prevent the business from being used as a place where prostitution, assignation, or any lewd act could occur. 6. That a conditional use permit has been granted for the use. E. Decision of Police Chief. The decision of the Police Chief regarding a permit application shall be issued within 45 days of the date of the filing of the application unless he has set the matter for hearing before the City Council. Such hearing must be held and a decision rendered within sixty (60) days from the date of the application, unless the matter is continued at the request of the applicant. No application for a permit shall be denied without giving the applicant an opportunity for a hearing before the City Council. F. Suspension or Revocation of Permit. After an investigation, notice and hearing, the Police Chief shall suspend or revoke an existing adult business permit, as shall be found necessary to assure the preservation of the public health and safety, if the evidence presented establishes that one or more of the following conditions exist: 1. The building, structure, equipment and location used by the business falls to comply with the requirements or falls to meet the standards of the health, zoning, fire and safety laws of the State of California, or of the ordinances of the City of Temecula; 2. The permittee, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the Police, Sheriff or other department of the City; 3. The permittee has had any type of adult business permit revoked by any public entity within two (2) years of the date the permit was issued; 4. There was not a responsible ~rson on the premises to act as manager at all times 3lOrds90-18 -7- which the business was open; 5. That the permittee, manager or any agent or employee of the permittee or manger has been convicted in a court of competent jurisdiction in conjunction with or as a result of the operation of the subject adult business and after the date of issuance of the conditional use permit for said business; 6. The picture arcade has been used as a place where sexual intercourse, sodomy, oral copulation, masturbation, prostitution, assignation or other lewd acts occur or have occurred; 7. The permittee, his or her employee, agent, partner, director, officer, stockholder or manger has violated any provision of this Ordinance; or 8. The conditional use permit for the use has been suspended or revoked. SECTION 7. Suspension and Revocation of Conditional Use Permit. In addition to the grounds set forth at Section 18.31 of Ordinance No. 348, the City Council may suspend or revoke any conditional use permit if it is found that any of the following conditions exist in addition to the criteria set forth in this ordinance: A. The operations conducted by the permittee does not comply with all applicable laws, including, but not limited to, the City's building, health, zoning and fire ordinances and this ordinance; B. That the approved use has been expanded without City Council approval; that the approved use has been partially or wholly converted to another adult business .without City Council-approval; that the conditional use permit has not been utilized within six months of its issuance. C. The Adult Business Permit has been suspended or revoked. SECTION 8. Regulations-Nonexclusive. The regulations set forth in this Ordinance are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of adult businesses set forth elsewhere in the ordinance adopted by the City Council of the City of Temecula as set forth in Section 4. SECTION 9. Existing Nonconforming Adult Businesses. This ordinance does not apply to adult businesses operating on the date of adoption. SECTION 10. Violation--Penalties. Any firm, corporation or person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than one thousand dollars, or by imprisonment for not more than six months, or by both such fine and imprisonment. Any violation of this 3/Ords90-18 -8- ordinance which is committed and continues from day-to-day, constitutes a separate offense for each and every date during which such violation is committed or continued. SECTION 11. Public Nuisance. Every place of business at or in which violations of this ordinance, or any provision thereof occur is a public nuisance and as such the public nuisance may be abated and/or enjoined from further operation. SECTION 12. No person shall deny free access to an adult business for purposes of a reasonable inspection to enforce compliance with building, fire, electrical, health or plumbing regulations, of the City of Temecula or the State of California. SECTION 13. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Ordinance is, for any reason held to be invalid, or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Temecula hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, word or portion thereof regardless of whether such other section, subsection, sentence, clause, phrase, word or portion thereof regardless of whether such other section, be declared invalid or unconstitutional. SECTION 14. The immediate effectiveness of this ordinance is necessary for public health, safety and welfare in that uncontrolled operation of adult businesses may impact negatively on the quality of urban life and therefore this ordinance shall be effective immediately upon its adoption. PASSED AND APPROVED this -- day of November, 1990. Ronald J. Parks, Mayor ATTEST: June S. Greek, Deputy City Clerk [SEAL] 3/Orals90-18 -9- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek Deputy City Clerk of the City of Temecula, do hereby certify that the foregoing Urgency Ordinance No. 90- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 13th day of November and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 271h day of November, 1990, by the following vote, to wit: AYES: 0 COUNCILMEMBERS: NOES: 0 C OUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Ronald J. Parks, Mayor June S. Greek, Deputy City Clerk 3/Ords90-18 -10- ITEM NO. 16 CITY OF TEMECUI. A A GENDA REPORT TO: FROM: DATE: MEETING DATE SUBJECT.' CITY MANAGER/CITY COUNCIL RUFUS C. YOUNG, CITY ATTORNEY'S OFFICE NOVEMBER 6, 1990 NOVEMBER 13, 1990 REQUEST BY EASTERN MUNICIPAL WATER DISTRICT THAT THE CITY GENERAL PLAN COMPLY WITH AIR QUALITY REQUIREMENTS. RECOMMENDATION: That the City Council adopt Resolution No. 90-XX entitled, "A Resolution Of The City Council Of The City Of Temecula With Respect To The Adoption Of The Temecula General Plan." DISCUSSION: The Eastern Municipal Water District ("EMWD") has asked the City of Temecula to adopt the attached Resolution to meet the requirements of the Southern California Association of Governments ("SCAG"), the regional planning agency. In commenting on the EMWD's application for renewal of its National Pollutant Discharge Elimination System ("NPDES") permit, which EMWD needs to continue to operate, the SCAG found that the EMWD was not in conformance with the Air Quality Management Plan ("AQMP") and related growth management plans. (The connection between wastewater treatment, which is what EMWD does, and air quality, is that wastewater treatment capacity influences growth, which in turn affects air quality.) To meet SCAG's objections, EMWD is seeking commitments that each city council in its service area will adopt General Plan elements which meet air quality requirements, to the extent required by law. The attached resolution has been drafted to meet EMWD's need for a resolution, but it does no more than state that the City of Temecula will do what is required by law. It makes no commitment as to just what the City of Temecula will do, in the sff/AGDl1053 way of air quality management (e.g., ridesharing, mixed use development, or the adoption of other strategies). You should be aware that this area of the law is undergoing significant change. The Clean Air Act amendments of 1990 and the partial disapproval of a portion of the State's Air Quality Management Plan, coupled with the recent promulgation of a substitute Federal Implementation Plan ("FIP"), have made this an enormously complicated and uncertain area. Requests for specific commitments and claims that "You have no choice, it is required .. "should be looked at very carefully. A TTA CHMENTS: Resolution Of The City Council Of The City Of Temecula With Respect To The Adoption Of The Temecula General Plan -2- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA WITH RESPECT TO THE ADOPTION OF THE TEMECULA GENERAL PLAN WHEREAS, the EASTERN MUNICIPAL WATER DISTRICT CEMWD") is preparing an application for renewal of its National Pollutant Discharge Elimination System CNPDES") permit (NPDES No. CA 80000188); and WHEREAS, as part of its application to renew its NPDES permit, the EMWD must submit a resolution from each of the cities in the EMWD service area evidencing a commitment to adopt or update general plans which meet all applicable requirements of law; and WHEREAS, the Southern California Association of Governments ("SCAG") has issued findings that the EMWD is not in conformance with the Air Quality Management Plan and the State Implementation Plan (AQMP/SIP) and that the cities in the EMWD's service area exceed the population targets identified in the Growth Management Plan CGMP"); and WHEREAS, the SCAG has recommended the adoption of Air Quality Management Plan ("AQMP") conformity mitigation plans; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION*i. The CITY OF TEMECULA is committed to the adoption of a General Plan which will protect the public health and safety of the residents of the CITY OF TEMECULA, and which will meet all then-applicable requirements of law, including the adoption of AQMP mitigation plans, to the extent required by law. SECTION*2. The CITY OF TEMECULA was incorporated December 1, 1989; pursuant to California Government Code Section 65360, the CITY has thirty (30) months to adopt a General Plan (i.e., until May 30, 1992). 2~e~s108 I s~Z/REHl1978 SECTION*3. Resolution. The City Clerk shall certify the adoption of this PASSED, APPROVED AND ADOPTED this 13th day of November, 1990. RON 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 13th day of November, 1990 by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS JUne S. Greek Deputy City Clerk 2/Resos 108 2 ITEM NO. 17 CITY OF TEMECULA AGENDA REPORT TO: CITY MANAGER/CITY COUNCIL FROM: SCOTT F. FIELD, CITY ATTORNEY DATE: NOVEMBER 6, 1990 MEETING DATE NOVEMBER 13, 1990 SUBJECT.' USED OIL RECYCLING RECOMMENDATION: That the City Council introduce and adopt Ordinance No. 90-XX requiring the establishment of a used oil collection facility within the City of Temecula. DISCUSSION: This Report is in response to the City Council's request for advice regarding a possible ordinance which would require service stations to accept used oil. Preparation of this response has been delayed by the fact that a Bill, AB 3749 (Sher), which would have been known as the "California Oil Recycling Enhancement Act" was pending in the Legislature until August 29, 1990. The Bill passed, and was sent to the Governor, who vetoed it on September 30, 1990. Among other things, if it had been enacted, AB 3749 would have established a five cents per quart deposit system and required the establishment of used oil collection centers. Under existing law, used oil is classified as a hazardous waste. Detailed regulations apply to the collection, transportation and storage of used oil. (Health & Safety Code § §25250-25250.25.) More importantly, the Used Oil Recycling Act (Public Resources Code § 3460 et seq.) requires that the California Waste Management Board prescribe guidelines providing for safe and conveniently located facilities so that individuals may return used oil. An "800" telephone number is to be listed on new oil containers so that individuals may discover the location of their local recycling facility. (800-553-2962). Pursuant to the Act, the California Integrated Waste Management Board has adopted guidelines requiring oil retailers (of more than 500 gallons annually) to post signs in a conspicuous manner "informing the consumer of one or more conveniently located collection facilities for used oil." 14 CCR § 18611. So far as we can determine, local retailers are not complying with this guideline and there is no collection facility within the City. Moreover, the Waste Management Board is not enforcing its guidelines. For the Council's reference, a list of recycling locations in Riverside is enclosed. Although we have not surveyed all of them, we did determine that Chief Auto Parts in Corona does not charge for accepting used oil. Under the circumstances, Staff recommends that the Council introduce and adopt Ordinance No. 90- mandating that oil retailers comply with the current law and work together to establish a local collection facility. Should the Council desire to take an intermediate step short of mandating a collection facility, it may: Authorize and direct the Manager to embark on a campaign to attempt to persuade local oil retailers post signs which inform the public of "conveniently located collection facilities for used oil" as required by present law and further, to work together to provide a "conveniently located collection facility" for used oil; and Direct the Manager to send a letter to the Executive Director of the California Integrated Waste Management Board urging that the establishment of conveniently located collection facilities for used oil be given higher priority. Further, direct the Manager to prepare, and authorize the Mayor to sign, letters to Assembly Member Sher, who introduced AB 3749, and Assembly Member O'Connell and Senator Bergeson, who coauthored it, expressing support for legislation for the provision of conveniently located facilities for the collection of used oil, and making the failure, by oil retailers, to post the signs regarding "conveniently located facilities for the collection of used oil" a criminal offense. -2- Finally, it should be noted that this proposal to require a local collection facility is different than the household hazardous waste program that would be included in a solid waste hauling franchise. A household hazardous waste program typically provides for collection of such waste, including used oil, once or twice a year. A used oil collection facility would be a place a person could bring used oil throughout the year, ATTACHMENTS Ordinance No. 90- regarding Used Oil. Used Oil Recycling Act. Guidelines of Waste Management Board re Used Oil. List of Used Oil Collection Facilities in Riverside County. Governor's Statement Vetoing AB374. -3- ORDINANCE NO. 90- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REGARDING OIL RECYCLING WHEREAS, oil retailers within the City of Temecula are not presently complying with the Used Oil Recycling Act or with the regulations implementing the Act adopted by the California Waste Management Board; WHEREAS, it is necessary for the City Council of the City of Temecula to adopt additional regulations to ensure compliance with the Used OH Recycling Act; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION* 1. DEFINITIONS - As used in this Ordinance: (a) "Oil Retailer" means a person who sells to consumers more than 500 gallons of petroleum-based oil annually in containers for use off the retailer's premises. (b) "Used Oil Collection Facility" means-a facility, voluntarily listed with the California Waste Management Board. (c) "Used Oil" has the same meaning as defined in Subdivision A of Section 25250.1 of the California Health & Safety Code. SECTION*2. Every oil retailer located within the City of Temecula shall display a sign informing the consumer of one or more used oil collection facilities located within the City of Temecula. The display of the sign shall comply with Section 18611 of Title 14 of the California Code of Regulations. SECTION*3. Enforcement of this Ordinance shall be held in abeyance for ninety (90) days following the effective date of this Ordinance. Upon the effective date of this Ordinance, the City Manager, or his designee, shall contact by writing, the oil retailers within the City to notify them of this requirement, and that they must provide for a used oil collection facility within the City if one does not exist at this time. The City Manager, or his designee, is directed to work with oil retailers within the City towards the establishment of such a collection facility. The City Manager may further delay the enforcement of this Ordinance if he believes that oil retailers are moving in good faith to establish a used oil collection facility within the City but cannot meet the deadline otherwise established pursuant to this Ordinance. 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) 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 November, 1990. Ronald J. Parks, Mayor ATTEST: June S. Greek Deputy City Clerk 2lORD/06 -2- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, June S. Greek, Deputy 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 , 1990, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the __ day of , 1990, by the following vote, to wit: AYES: C OUNC ILM EMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: DAVID F. DIXON CITY CLERK APPROVED AS TO FORM: Scott F. Field City Attorney - 210RDI06 -3 - :LIC RF, SOURC'I~ CODE ~lucted punuant to 'the armed or located in ~]~ t .~ _ d~e least private injury. and personal property used in and by the persons mentioned s on behalf of which the right ent domain for the purposes county, which has agreed to .merit, or which has agreed to ice not less than the cost of to such unit or eoopezaave reement. ondemnation action brought ~n 1230.010) of Part 3 of the nonconsenting persons are which the properties are reement s~ be made by the CHARGES ; payment well in this state, or owning barge which~hal] be payable f barrel of oil produced from ~rtioned among all of those bla.the operator, who shall ~ otherwise payable or .y for late payment as ; payment ~""" well in this state, or owning IL a charge. which shall be .~l in the preceding calendar tucing operations, and which charge shall be apportioned ~x%,*tive fractional intensts ~e shall be payable' by'the · charge from the amount~ ~ts. In the case of · penalty for gas that utilize depleted · out of state, is injeeted,!for ired to maintain surveilhnce hat drilling of new wells is ,astsftekso*o .... L pUBLIC RESOURCES CODE § 3460 conducted properly, and that no damage occurs to the environment by reason of injection and withdrawal of gas. Co) In order to help support the regulatory effort of the supervisor, there shall be imposed an annual charge computed at a uniform rate based on the number of wells used to inject and withdraw gas * * * from an underground storage ir~;l~'ty during the preceding calendar year. The charge shall defray the costs incurred by the state in conducting the activities described in th'~'section. (Amended by Stats.1984, c. 2~.8, § 9.) § 3420. Payment of charges; penalty for late payment (a) (1) No charges shall be levied for assessments on oil and gas production of less than ten dollan (2) The charges * * *are due and payable on the first of July in each year for assessments of more than ten dollars ($10), but less than five hundred dollars ($500). The charges shall be delinquent if not paid on or before August 15th' of each year ° ° * (3) The charges are due and payable on the first of July in each year for assessments of five hundred dollars ($500) or more. 0ne-half of the char es shall be delinquent if not paid on or before August 15th of each year. The remaln~n one-half ofFthe charges shall be delinquent if not paid on or before the first of February of the fo{~jwing year. (b) Any person who fails to pay any charge within the time required shall pay a penalty of 10 percent of the amount due, plus interest at the rate of 11/2 percent per month, or fraction thereof, computed from the delinquent date of the assessment until and including the date of payment (Amended by Stats.1988, c. 351, § 1.) ARTICLE 9. USED OIL RECYCLING ACT Section 3466. Collection facilities; improper disposal; penalties. 3471. Manufacturers of lubricating or industrial oils; duty to inform consumers of dispositiot; of' used oil [New] - 3472. To!l-free telephone number;, maintenance of access to inform callen on disposition of used oil [New] -. § 3460. Definitions; blended or diluted used oH (1) "Used oil" has the same meaning as defined in s.ubcHvision (a) of Section 25250.1 of the Health and Safety Code. ... (2) "Recycle" means to prepare used o~ for reuse as a petroleum product by refming~ reclaiming, ~ep_~___ing, or other mS, in order to attain the standards specified by subdivision (c) of Section 25250.1 of the Health and Safety Code. "Recycle" does not include the application of used oil to roads for the p~ of' dust control or to the Wround for the purpose of weed abatement 'fRecycle" does not include inch!eration or burnin_e of used oil as a fuel ...... . · (3) 'qk~ard" means the Galifoxmia Wuste Management Board. , ffi "Penon" mesas any inmvidua~, p~vate or pUbae corporat~,n, paxtnership, cooperative, usoda- lion, estate, municipality, political or jurisdictional subdivision, or government agency or instrumen- tality. -: ' ' · "'-" ~"-~ - . . (D The amendmente made to this section at the 198'/portion of the 1987-88 Regular Session of the Le2islature do not affect the validity of any'existing regulations of the State Department of Health Services relating to the management of used o~ blended or diluted with virgin o~ or any partially · refined o~ prmiuet as a hasardons waste, and do not affect the authority of the State Depamnent of Health Services to pmln]}it blending or dilutin~ used oil with an uncontaminated product to achieve the standards for recycled oil, as s~ in subdivision (c) of Section 25250.1 of the Health and (Amended by Stats.1986, e_ 8/1, § 2; State.i98'/, cj 1128, § 2, eft. Sept 25, 198/.) Ad(Itlolmkltexlarekl(IGatedbymld~.deletlmmbyWed~' * * § 3460 PUBLIC RESOURCES CODE fuel oil or other uncont&minated pm:lucU in order to achieve the sL~dards specified in subdjvb~m (c) of Sectioe 2~2~0. ] o~ the H-elth and Safety Code"; efKI added Iubd. Co). § 3464. Repealed by Slats. 1989, c. 1226, § 4 Historical Not, The repealed sectks. ackkd by Slats. 1986, c. 871, § 4, rdated to the purchase of r~cycled oil products by govern- ment agencies. Former § 34&/, was rel~alcd by StaU. 1986, c. 871, § 3. See, now, Health and Safety Code § 2~250. S. § 3466. Collection facilities;. improper disposal; penalties (a) The board shall prescr/be guidelines for providing safe and conveniently located facilities for the deposit of used oil by persons possessing not more than five gallons at one time at no cost to those persons. Co) The improper disposal of used off pursuant to Section 25250.5 of the Health and Safety Code is proh~tited and/s subject to penalties pursuant to Article 8 (commencing with Section 25180) of Chapter 6.5 of Division 20 of the Health and Safety Code. (Added by Stars. 1986, c. 871, § 4.5.) Hlstoe/al Note Derlvatioe: Former § 34~, added by Stat&1977, c. 1158, lg~Lqida6o~ § I. Former § 34~6 was ~ by StaU. 1986, c. 871, § 4.3. 3467. Repealed by Stat&1986, c. 871, § 5 See, now, Health and Safety Code § 2S2J0.8 e~ ssq. 3468. Repealed by Stats. lt89, c. 1226, § 5 HktoetcdNoe The repealed ~ added by Start!986, ~ 871, J 7, mqinml permit hoiden to make available all recm~ and Fonnff ~ 3468 was repe~ed by Slats. 1986, c. 871. 9.6. now, Hnlth and Safety Code § 252~f~.16 et seq. § 3470. Rules and regulations; duties of board and department of health services (a) All rules and regulations of the board shall be adopted, amended, and repealed in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (b) The board shall coordinate activities and functions with all other state agencies, inclucUng, but not timitecl to, the State Department of Health Services, the Department of Water Resources, and the State Water Resources Control Board, in order to avoid duplication in reporting and information gathering. (c) The * * * State Department of Health Services shall include a section in its report prepared pursuant to Section 25178 of the Health and ~ Code, based in part on information submitted in aceoHance w/th ~0 * Article 13 (commencing ~vie~ Section 25250) of Chapter 6.5 of Div/sion 20 of the HeaJth add S&fety C0dez $nmtqariZiDg hlforl~at~on on used oil collection and recycling, analyzing the effectiveness of rules and regulations, and making recommendations for necessax~ changes in the provis/ons or their a~mfnfs~rafion. (Amended by Stats. 1986, e. 871, § 8; Stats.1989, c. 1226, § 6.) -. § 3471. Manufacturers of !ubriea~ng or industrial oils; duty to inform consumers of disposition of used oH - The manufacturer of every container that contains lubricating oils or indusU~al oils, and 'wl~ch is intended for sale.to consumers in California, shall do either of the following: (a) Label the containers in at least 7-point typeface as follows: Additions In text rare indicat~l by underlkm; deletions by asterisks * * * "Used o~ is g. g~o~**e~ 8ewel'~ The toll-free ~ to Section 3472. (b) Provide sit information that (Added by Stats Fonna§ 3471 , § 3472. Toll-fr uaed The board sh~ purpose of infor (a) The permi: (b) The types (e) Specir~ es are prope~y eqt (d) Specific oi Department of (Added by Stars 3472,, SeOjon 8'/24.35. Intern tiom § 3703.1. Low- "Low-tempen contained therei altitude of occu' (Amended by St This chapter ~ shall have all po authority to adc (~ed by St § 3715.S, Lead ! 3716. Duties The district & necessary for th accessories z~ece )URCES CODE monkrm ~livu~n (c) o~ Se~tim and ~ subd. ;tatt1986, c. 871, § 3. 252K).5. 3cared facilities for time at no cost to and Safety Code is Sect/on 25180) of xf by Statti977, c. 1158, 9~6, c 871, §.6.' 25250.16 et seq. errira ,pealed in accordance 3 of Tifie 2 of the ;encies, including. but er Resources, snd the .~cing and information in its report prepared ormation submitted in : 6.5 of Division 20 of ad recycling, analyzing necessary changes in uumen of disposition ~trlal oils, and WMch is : of irks ' * * pUBLIC RESOURCES CODE § 3716 ,~Used oil is generally classified as a hazardous waste in California. Do not dispose of used oil in prb~,,e, sewen, or the ground. To find out how to properly recych used off in you~ t,'ea, call (800) The toli-froe telephone number on the label shah be the number maintained by the bo~d pursuant to Section 3472. Co) Provide signs or other written material to retailen appropriate for informing consumers of the i~formation that would otherwise be contained in the label set forth in paragraph (a). (Added by Stars.1989, c. 1226, § 7.) Former § 3471 was ~e.i,.~ed by Stattl9S6, c~ 871, § 9. § 3472. Toil-free telephone number, maintenance of actms to inform earlera on dispoaltlon of umed oil The board shall maintain aeeess to a toil-free telephone number which is to be used for the sole p~ of informing eallers of the following:. (a) The permissible methods of reeyeling or dislxming of used oil. (b) The types of establishments likely to be properly equipped and authorized to accept used oil. (e) Specific establishments lee·ted in the area of the esller that have notified the bosrd that they are properly equipped and authorized to aceept used oil. (d) Specific oil reeyeling faeifitie~ in the area of the caller that are authorized by the St·re Department of Health Serviees to receive used o~ and that have progrsms of used oil pieimp. (Added by Stats,1989, e, 1226, § 8.) Former § 3472 was ;~i~--~ by Stattl9g6, c. 871, § !0. Section 3/24.35. Intermediate and deep wells drilled for temperaUn~-gndient mo. nitoring purposes; t~- tious. § 3703.1. Low-temperature Zeothennai resources . "Low-temperature geothermal nsources" are fluids tlmt have value by virtue of the heat contained therein and have · tempersture tha~'~ not more than the boiling point of water st the altitude of occurrence. (Amended by Stats.1988, c. 10W, § 11.) § r/l~. Liberal construction This chapter shall be h*bera!ly construed to meet its purposes, and the director and the supervisor shall have all powers which my be necessary to carry out the purposes of this chapter, including the authority to sdopt rules' and refmhtions. (Amended by 'Stats. LSS4, c 278, § 10.) § 371S~.' Lead qentT, completion of responsibili~e~ time~ deleSufion of responsibilities General pspps-Q-'~, see 14(:~ C_,~__efF, e~ 1682. § 3716. Duties of district deputy The district deputy in esch district shall collect sll information regarding the wells in the district necessary for the proper supervision of the wells. The district deputy shall prepare maps and other accessories necessary to determine the ~"~erground conditions in · geothermal area and the location AddiUono in tlxt N~ indl~atld I~/undO, dllelionl b~ utedlkl * * * 1~/18/9e 09:21 JJ.213 236 27ee BW&$ LA --- BWS OC ~2 J 18600 BARCLAYS CAIJFORNIA CODE OF REGULATIONS Chapter 7. LItter Control, Recycling, and Resource Recovery Gram NOT~ Autbodty dl~d: __~___k~ns680421md(~770. Oovemfi2mU Cn~mMi Sd~m -- -fety Code. !t~rmtv ,. New C~er 7 (Amc k~ !-5, oxmmuih, r:&:ctaam 18.~0-18~6, mXceeeec- udv,) fll,d m-I 8--71: ef~ ~ dry tlsmt, mm~ (Rmlis~r ?$, N~ ~). 2.. RepaJer .of ~ 7 (Anick l-J, Segt~mm 18~30.-18~48. fao~ OonMcutive) ~ 2-3~3; effecOve eUrde~b dry d~adbr ~ 83, ~ 6). Chapter 8. Used OII Recycling Program Article 1. General Provisions and DeflnlUons §18eoo. 8copeendAuthoflty. This chapter is adopted by the California Wute Management Board pursuant to and for thc purpos~ of implementinl the Uaed OL! Recycling Act. Article 9. Ctl~pter t (commenc~l wtd~ Secdo. 34~0), Dlvistm, 3 of the Public Resources Code u it my b~ mended from time to timc. These z~uistions. together with the Act, N&qdatc off z~ta~lefs, used h=uleTs, used oil urnsfez facility o!:~'at~n and used oil recyclen. Noth- ing in t~s cNtpt=r is intended m limit the authority of my other :tate ot loui :~ency i, its ix'opu cxemtse oftel~lamry authmty ove, oiJ minil- ets, ue~! oil haulers. ueed oil nnde~ fecfihy oFr, nte,~ or u~l oil tecycl- ors. No~ Authority clt~: Sectram )465(a) end 3470 (b~, Public Wesem:a Cde. 1. New C~p~ct 8 (Sectram tg600-18675, not comec~vc, Azticle: 1-7) 5Md 10 -23--78; efii~ave d~n'eth d:y lhenal~r {RefJeer 78, No. 43). 2. F. epe'&~ol'ChaFuff 8 ~ANcles l-?, 3e=Utm: taN)O-18~5. u~ ead new ChaSte 8 (Art~les 1-6, &ections I le00-1 g654. ntx oceecm~ve } filed 12-22-8~; effective upee rdinl pursueat to Government Code Se~ti~e 11346.2~d) (P, egsMl~ g4, No. t}. T'nc reorpn~:tmn of C:lapet m i: beml Wined m a ~,aler :rid :rioprim for clar~. § 18801, DefinNon0, The following ~:FmiLtoas and the d;idtiuns in Publj~ Code Section 34~ =haLt 8ovcm th~ connu~tton of this chapter. (a) "At" meem dine UNd OLI !b~yr, Atnl A~ (b) "l:kpanme~' m.m tIM Smm Dupemmnt of Hedth Setvicar. (c) 'tAI Remiiff"meens apenon who ell, toceaume~moe than J0Opl]mtst~flxt ~31e4un-bamiuilannuailyinoonm~grsforumoffthc ~d) "RelJmntkm" means enenddenenttoopentabsuedbydleboerd to tuMd oil baler, aed otl trunsfu fa6'lty opm'Etor, or u~d odmcycltr, (¢) "Used OU CoUecJlun Facility" mmum ut i~*tiity. vobntartiy ~ with rig board, wltm us~l oL1 may Ix dqmsit~d by the Fncnl public (f) "Umd Oil Haubr" means a lersoe who rimpore mere than ~0 ipdiono of used uii o~nuelly over publi= highways, except ~ lxn;n who uanspord used oll obtained so~cly from soe~s owned lind opented by (~) "Ued Oil Rocyclef' means = parses wbe recycles 5,0e0 or morn gallons of used oil annually, cx;cpt a pu-,on ~cydinll solely fi~tn eoutr, goowncdandoperazr. dbythcp~lon. (h) "Umd Oil Tmnsfw Fm;il~ty Opende" mnm = penun who retort- rains any starale facility ~hat receives more then I~,000 pilorte of m~ed oil annual]y, except a pcnon who maintains a Eacib'ty for storini uNd oil solely born oourc, owned end ,-=iqtained by the penon. Nmt Ambxity c. ed; Seekms 346S(a), 3466 end 3470(b), Pub~ ~ Code. Release: Seetams 34~0. 34~5(a), (¢), 34~, 3467.344~ and ~rTO(d), Pub- Article 2. Requirements for OII Railera t 18e11. ~lgne. (a) An oil teajkr shall display a sip informing the consumer of om or mo~ ~mveiendy logat~d collectarm faciliticu for ~ oil. (b) The sip ehaU be provided by the beard or shah mm Ibe following (1) The sip ehtli be et least fifteen (15) inches wide by eJevgn (1 $) (2) The letlerinl on the siln thaU be et ieut 3/4-inch hip. (c) Tl~f~pl~b~po~blscoGIp~lllllfifiefltoffielfthat point within the retailer's establislunent where the oil is displayed for utc. (d) In counties when: five pcrocnt or ntorc eric popclarion, based on the Le,t Bwno of Census information. ,p,k: ;pe~ic Fimury lan- juaJe other than EnBllsh. the siSn sh&L1 ha in such other lariatroSe, as well as in Enaliah. SlMcific tanauaae mquimm,nts for each county will be Non~ Ambomy cited: bctmn MOSfa). Public Rnmm~ CudL Ftsfmmsm:. Sac. lien 3465(a), Public Resou~Ms Codt. Article 3. ReglatraUon and Renewal of Registration of Used OII Haulera, Used 011 Transfer Facility Operators and Used Oil Racyclef8 J 11111. ReglMretlon RIqulrijJ~da. Nonu Aulm~ ctal: SocUm N?0(b), Pubtic P, esmece Co&- Wd'enmce: Sec- tions 3467 and 3461, Public ~. Cotit. Hm~t t. Reeeab f'del ~2-21=80~ upuratiw t-20-8~ (Rogis~ 89, No. I )- Nere Au~ty eed: Seets:n 34~(Xb), Publ~Re0ourNo CoS. Retefincr. Sec- tiota 3447. 3468 and N'~0(b), Public Resouges Code. 1. Rep0akr fld 12-2l-~ operative t-20=89 ~.e/eer gg, ~o. I)- N m~ Aume~ eed: Seerlea 3470(b), Pdbik= R~ CoN. RatSense: .See- ~ 34'N)(c), Public Re~oerces Code. Hm~eY t. ~F~ded 12-21-fi; ol~ra~e 1-2049 (Rqlmar gg, No. 1). hl[e ~ 114Jmme, Nakl4.-tl;~-ti4e le/ls~ge ....e9:22 ...~..3..!3__3.~_6,27ee ....... BW&S LA **- BWS OC ~ee3 TRM 14 CIiIJq& · Wiete Max,,~l~ L~t Bom'd I I~f24) Nam Amtza~ctmd:SaetioaJ470(b),PUtslicResoumCoe. lMwu,z; Sac- tim 3470(c), Public bsamm Co&. 1. Repeal' fikd 12-21-88; opamlvc 1-20-69 (blister 89. N~- ! )- t 1MRS. Iqammsl of FlegJstmUon, HLrnav 1. P, tTzlfr filed 12-21--88; oixrmive 1-20-89 (Register 89. No- !)- 1 18eft. Ct_Uts~tsof RsgtstmtJon, No't~ Aglbxit~ c~lj: ~ J4'70(b), PUblig R~ Codf:. Rtf~; ~ lions M?0(b) and (c), Public Pdmamm Code. 14mmmr 1. RapeaJar 6led 12,-2148; opentire 1-2089 (P, egifKer 89, No. 1 ). Article 4. Requirements for Registered Used OII Haulera and Used OII Transfer Facility Operators § t~MR). OpemUon RequlmmenM. No'r~ Audmt~c~l: ~eeOoa J47(Xb),Pubbc Reeoun~t:ak Rdam~; Sac- Lions 346? mi 3470(c), Public Reooerees Code. l- Re~eeMt filed 12-21-18; almame 1-20-19 (RLlam' 89, No. 1). 11Ms1. No~tmJon R, quJrt. Jnt,. No~ Autha-tty slid; ~:bm23470(b), Pubt-- Rsmm~n Uodc. Rcfcfcace: t. Jtem~ fllaj t24t-R; ~e i-~)-89 0tL-Sim~ 89. r4~ t). t 1M&2. Plooon~ of No~e AmNa~ced:Sectma34~0Co),l'ubttKratummCudt. l~meea;.~w- t~u 344Y7(~). rublie; Ramm Ckade, 1. lq~ filed 12-2148; opamtve !-20-89 aLeliser 89, No. 1). § 18133. Annu~ Report Nom~ Ambe~ciled;SxlimM~0(b),Publ~Rtt~utceCod=.~;$ec- Lion 34674d), Pubfie Rasmms God~ Htfroev 1. IL~_3er~,ed 12-21-88: opamtve 1-20-89 (leliser 89, No. |). A~cJe 5. Requlromonts fOr Registerod Used OIl Racyclefs i 18640, OpsmtJon Requtmasnts, No~ Anthairy cimd: Sectnt 3470Co),Publk Resoutm Code- Fdleemss: Sec- ~ 3467('0), 3465 ,,.I 34~c), PubI;.' P. mM~s Code. Hmmv 1. R~peder filed 12-2t.-SS; operaire t-20~9 (ReSis--r 89. No. ! ). § 18e42. NvUacst~,n Roqub_,.e,ds, Nosy-. Aum~rtt? ~ r,~eams 3470(b), Public Reaxates OxJe. Referee- dora ~ md 3,$70(c), Publk lVnmam Code. I. P-,-pak'r ~lai 12-21-.88; WaStee !-20-49 fi~$iMa 89, Nu. t). § t ~ Remx'd8 of 'transaction, uo,s 3468(b), Pub|it Resourca Code. Hfs'rotv t. Repesier flied 12-2t-58; qMnUve 1-20*-89 (RcS,sta Sg. No. J 18644, Artmini Jqot~rt. N'o~ AuthorliT cised: sactim 34'~(b),Public Resourm Code. ledarea: ~on 34684c), Public Restore Code. 1. RapaJar filed 12-21-8~: opasUve 1-20,49 4Rcrsta S9, r~o. I). ArtMi 6. Enforcement t 181~1. AUdttl thtl tim 34'72(.b), Public ~ Code. L Ibtxt~ rdM 12-21-~J; ogw~ve 1-20-89 (Refisur 89. No. l), 11M61, Cemee end Deelet Ordor. Nm~ Audea~ dmd: bL'fiun S4'70('b), Public !tnuurm ban 3472(b), Public Rumram Cede. 1. le.~M, dar Ned 12-2t-4S;opautive 1-20-49 (Re~smr ag, .v~. 1). NcT~ Authorlay ctsed: 54cuon 34'70(b), Pubbc Kesosms Code. Rdaun: Sec- LMe0 34'70(c) md ..34~b), Pubfie ~ CcX[e. tb. fv~v !. R. fpeu~ filed 12--21-88; qMtutive 1-20-89 (10,eaister D, No. J ). J 1M04. Ctvtt AaUoao, Nm~ Autharny ci&a!: ~_q,~_j_--,_ M'70(b), Pubbc Reausnm Laie. Refemn: dun 14'~(b), Publis; Kamam Cvde, Hwsmuv l. RepemMr~Jed ]2-21-8It;operative 1-20-8g (Rapsty89, Chapter 0. Pinning Guideline and Proceaurss for Preparing, Revising and Amen{ling Countywtae Integrated Waste Manmgement Plans NOTE~ For hifte7 of fo,-,~r C3uper 9. w~ Rcpstc%.s 89, No. I and 8~I. No. 6) Article 3. Definitions J15710. Definltlofia. (u) Thc foUowinl definitions dudl apply m LI~ ze~ions ~s ~r. ( 1 ) ~1~ ~. "A~oulm~ ~" m~ m~ w~es of ~mt ~ ~ ~n, ~-~ ~1~$ ~s, ~ ~ vl~ ~p, "~ ~" K "d~um ~m" ~ ~y [~ ~ kvG- I ~ (~s ~).~li~ (~s~i~k~). St~ (tim c~~~~). ~s ~o~, (4) ~. ~q~d ~. (~} Bi-m~ ~. ~o d~mnl t~ of m~s, s~ s s s~l ~ (e) ~ ~ly D~lsblc ~ a~b~ dam ~ 92262 ------o-- 61525 {. PALl[ 6~9/338-90t2 ss ox/a4/H g2X9 ------0-- 2,~15 BZiIMAT 243 92370 t~Gt~S COil,. 1015 SOre e 114/65'7-3U0 ss IQ3QQ MAgliX, TA ~. 714/fi7-10~0 ss 92506 ....--0--- HOr~ 6691 ?X4/~83-SEu ss rT/n/n 92506 ......-0--- ~{iDO 3400 {~/ 714/686-4320 ss o~/22/N 925Q7 .....-0--- ]G33 W ~ i 714/fii-UX4 ss 0x/24/~ 92~8 .--'---0-- ATY~O SXtT SaOL~{ ~. OE,Y { 58 08/16/89 114/655-111Q )2N34 714~0~723 i.t~l ~ cs/18/so 92262 p~ s~ Do Q5/18/9~ 92505 ......"0"' 641 I. NazIC~ GrZYIU~) 71~,/Hg-Xig cas~ m ~u Ri~SIDg count~ 81-246 ~ I!~ II1 619/347-4597 ss Q?/n/~ 92388 ......-0-- 714/24?-4H4 93~ ..... .4)-- I~P ~OTS PAX,RgAL] DO 805/26~.QX93 <U>-sc:oZlh, <D>-lcrolZDmm,<;>-~itlczo11~9 SENT BY:CA ZNTEG, WASTE MOT ;10-24-90; 8:59 7147555648;~ 2 ITEM NO. 18 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department November 13, 1990 Conditional Use Pemit No. 30~6 PREPARED BY: R ECOMMEN DAT I ON: Mark Rhoades Approval BACKGROUND: At the City Council meeting of October 30, 1990, the Council approved Change of Zone 571~ and continued Conditional Use Permit No. 30~6 to the November 13, 1990 meeting. The attached Staff Report is still relevant to the case. STAFF RECOMMENDATION: APPROVAL of Conditional Use Permit NO. 30~6 based on' the attached findings and subject to the attached Conditions of Approval. MR: ks STAFFRPT\CZ571~ 1 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: C.U.P. 3046 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. NIA Condition No. N/A Condition No. 11 Condition No. N/A Condition No. N/A Condition No. N/A Condition No. 9 (County) P LA N N IN G\M43 RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CONDITIONAL USE PERMIT NO. 3046 TO PERMIT OPERATION OF AN EXISTING GAS STATION AND IVItNI-MART AT JEFFERSON AVENUE AND WINCHESTER ROAD. WHEREAS, Arco Products, Inc., filed CUP No. 30zi6 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said CUP application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said CUP on June 6, 1990, at which time interested persons had an opportunity to testify either in support or opposition; WH E R EAS, at the conclusion of the Commission hearing, the Commission recommended approval of said CUP; WHEREAS, the City Council conducted a public hearing pertaining to the said CUP on October 30, 1990, at which time interested persons had opportunity to testify either in support or opposition to said CUP; and WHEREAS, the City Council received a copy of the Commission proceeding and Staff Report regarding the CUP; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. the following findings: Findinqs. That the Temecula City Council hereby makes A. Pursuant to Government Cede 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: FORMS\RES-CUP 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. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, I hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proc==ding in a timely fashion with the preparation of its General Plan. C. The proposed CUP is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: I1 ) The city is proceeding in a timely fashion with a preparation of the general plan. 12) 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: la) There is reasonable probability that CUP No. 30~6 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. Ib) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. ~c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. Pursuant to Section 18.26{e), no CUP may be approved unless the applicant demonstrates the proposed use will not be FORMS\RES-CUP 2 detrimental to the health safety and welfare of the community· and further, that any CUP approved shall be subject to such conditions as shall be necessary to protect the health, safety and general welfare of the community. E. As conditioned pursuant to SECTION 3, the CUP proposed is compatible with the health, safety and welfare of the community. SECTION 2__: Environmental Compliance. project will Declaration, An Initial Study prepared for this project indicates that the proposed not have a significant impact on the environment, and a Negative therefore, is hereby granted. SECTION 3. Conditions. That the city of Temecula City Council hereby approves CUP No. 3046 for the operation and construction of existing gas station and mini-mart located at the northwest corner of Winchester Road and Jefferson Avenue subject to the following conditions: A. Exhibit A, attached hereto. Resolution. SECTION ~. The City Clerk shall certify the adoption of this PASSED, APPROVED AND ADOPTED this day of · 1990. RON 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, hetd on the day of , 1990 by the following vote of the Council: AYES: NOES: ABSENT: CITY COUNCILMEMBERS CITY COUNCILMEMBERS CITY COUNCILMEMBERS JUNE CREEK CITY CLERK FORMS\RES-CUP 3 APPLI CANT'S ACKNOWLEDGMENT I have read, understand and accept the conditions for approval set forth herein above in this Resolution of approval for CUP No. 30~6. DATED: By Nattie Title FORMS\RES-CUP ~ TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department October 30, 1990 Change of Zone No. 571~ Conditional Use Permit No. 30~6 PREPARED BY: Mark Rhoades RECOMMENDAT ION: Approval APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: Arco Products Company Tait and Associates Change-of Zone from M-SC to C-1/C-P and a Conditional Use Permit to extend an existing canopy. Northwest corner of Winchester Road and Jefferson Avenue. M-SC Manufacturing - Service Commercial ) North: C-1/C-P South: C-1/C-P East: C-P-S West: C - 1 / C- P I General Commercial ) I General Commercial) (Scenic Highway Commercial ) ( General Commercial ) C-1/C-P ( General Commercial) Mini-Mart and Gasoline Service STAFFRPT\CZ571~ 1 SURROUNDING LAND USES: PROJECT STATISTICS: BACKGROUND: ANALYSIS: GENERAL PLAN AND SWAP CONSISTENCY: North: Shopping Center South: Shopping Center East: Commercial West: Offi ce Number of Acres: .97 acres Buildings: 1 This project was approved by the County of Riverside Planning Commission on June 6, 1990. As it exists the gasoline and mini-mart are an existing non-conforming use in the M-SC zone. The applicant has applied for the Change of Zone to bring the project into zoning conformance. The Conditional Use Permit is an application to extend both pump islands and to extend the existing canopy. The existing use is an ArGo Mini-mart and gas station with the concurrent sale of beer and wine. The site currently supports a store area and two 12 ) pump islands. The proposed addition would be an 18 foot long nortl~prn extension to the canopy, and four |t~l _pumps. ' Zoninq The existing zoning is M-SC (Manufacturing - 'Service Commercial). Gasoline stations and mini- marts are not a permitted use in this zone. The applicant has applied for a change to C-1/C-P (General Commercial) which would bring the use into conformance. It is Staff~s recommendation, however, that the zone be changed instead to C-P-S { Scenic Highway Commercial ) because of the proximity to Interstate 15. The C-P-S zone would also bring the existing use into conformance. The SWAP designation for this project is "C", Commercial. The County Commission struck road conditions pertaining to the additional right-of-way on Winchester Road. The City Engineering Department is now requiring this condition for additional right-of-way according to SWAP. With the additional right-of-way on Winchester Road, the project will be consistent with the Southwest Area Plan. STAFFRPT\CZ571~ 2 ENVIRONMENTAL DETERMINATION: FINDINGS: Environmental Assessment Number 3~&252 was adopted by the County Commission· The Initial Study addressed concerns regarding fault hazards. liquefaction, ground shaking, traffic and circulation. All concerns have been mitigated to non-significance. Conditional Use Permit No. 30116 The proposed use conforms to the objectives of the City's General Plan. The proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is to be located. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area, and that adequate parking is provided.: The granting of the Conditional Use Permit under the conditions imposed will not be detrimental to the peace, health and safety and general welfare of the citizens of the City of Temecula. Chanqe of Zone 571~ The proposed C-1/CP zone designation is not appropriate because of the projects proximity to an eligible scenic highway. The C-P-S zoning proposed by Staff is appropriate because of the projects proximity to an eligible scenic highway. The proposed use conforms to the objectives of the City's General Plan. STAFFRPT\CZ571~ 3 STAFF RECOMMENDATION: The proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is to be located. The granting of the Change of Zone under the conditions imposed will not be detrimental to the public health and safety and general welfare of the citizens of the City of Temecula. DENIAL of CHANGE OF ZONE NO. 5714 from M-SC to C-1/CP in accordance with the findings contained in the attached staff report; but APPROVAL of CHANGE OF ZONE NO. 5714 from M-SC to C-P-S in accordance with the findings contained in the attached Staff Report; as follows: Read by title only, waive further reading and introduce an ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OE THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE OF ZONE APPLICATION CONTAINED IN DEVELOPMENT PERMIT NO. 5714, CHANGING- THE ZONE FROM M-SC IMANUFACTURING - SERVICE COMMERCIAL) TO C-P-S ISCENIC HIGHWAY COMMERCIAL) ON PROPERTY LOCATED ON THE NORTHWEST CORNER OF MARGARITA ROAD AND STATE HIGHWAY 79. APPROVAL of CONDITIONAL USE PERMIT NO. 3046 based on the attached findings and subject to the attached conditions of approval. MR:ks Attachments: 2. 3. 5. 6. 7. Additional Conditions of Approval County Staff Report dated June 6, 1990 Exhibits Conditions of Approval Initial Study Ordinance Resolution STAFFRPT\CZ5714 4 Notice of Public H~art~t THE CITY OF TEMECULA 43172 Business Park Drive Temecuh, California 92390 A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below. Case No: Change of Zone 57141 Conditional Use Permit 3046 Applicant: Arco Products Location: Northwest Corner of Winchester and Jefferson Proposal: Expand existing facility, change of Zone from M-SC to GI/GP Environmental Action: 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 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 Mark Rhodes, City of Temecula Planning Department (714) 694-6400 PLACE OF HEARING DATE OF HEARING TIME OF HEARlinG: Temecula Community Center 28816 Ptljol Street Temecui,, Tuent!~. October 30. 1990 7:00 PM · / 51 Vicinty Map Zoning Area: Temecula Supervtsortal DIstrict: E.A. Number: 34252 Pegtonal Team No.: 5 Ftrst CHANGE OF ZONE NO. 5714 CONDITIONAL USE PERNIT 3046,Amd.t3 Planntng Commission: 6-6-90 Agenda Item No.: 5-2 RIVERSIDE COUNTY PLANNING DEPARTMENT STAFF REPORT 1. Applicant: 2. Engineer/Pep.: 3. Type of Request: 4, Location: 5. Existing Zoning: 6. Surrounding Zoning: 7. Site Characteristics: 8. Area Characteristics: g. Comprehensive General Plan: 10. Agency Reconnendations: 11. Letters: 12. Sphere of Influence: ANALYSIS: Arco Products Company Tatt and Associates Change of zone from M-SC to C-1/C-P Addition of pump island Northwest corner of Winchester Road Jefferson H-SC H-SC, C-P-S, C-1/C-P Existing Arco mini-mart gasoline station Connercial Retail and office development Land Use Designation: "C" - Commercial Open Space/Cons: Areas Not Designated See Letters Dated: Transportation: i-iS-gO 6-6-90* *(Amended per P.C. 6-6-90) Health: 5-29-90* Flood: 5-19-90' Fire: 5-25-90* Building & Safety - Grading: 5-30-90* Building & Safety - Land Use: 5-8-90* Bui~dieg & ia~e~y - P~aM Gheek: Opposing/Supperting: Within City of Temecula and PROJECT DESCRIPTION Change of Zone No. 5714 and Conditional Use Permit No. 3046, Amd. No. 3 are proposals to change the zone on the subject parcel from M-SC to C-1/C-P and add an additional puq~ island to an existing mini-mart gasoline station. The project is located at the northwest corner of Jefferson Avenue and Winchester Road in the City of Temecula. BACKGROUND The applicant has requested a structural modification to an existing non-conforming use. In order to bring the existing use into conformance with Ordinance 348, Section 18.8{a), the applicant was required to apply for a change of zone from M-SC to C-1/C-P which allows gasoline service stations and the concurrent sales of beer and wine with a conditional use permit. (See attahced letter from Riverside County Planning Department dated 11-16-89) CHANGE OF ZONE NO, 5714 CONDITIONAL USE PERMIT NO. 3046, AMENDED 13 Staff Report Page 2 LAND USE AND ZONING The current land use is an existing Arco gasoline service station and mini-mart. Surrounding the project are various types of co',..ercial uses including retail, services and office uses. Zontng on the property ts H-SC wtth a proposed change to C-1/C-P. Staff reconmends a change from H-SC to C-P-S. A change of zone to C-P-S would be consistent with the eligible scentc highway designation of Interstate 15 located to the east of the project. Surrounding zoning includes C-P-S to the east, C-I/C-P to the north, H-SC to the south and west. GENERAL PLAN The project site is located within the City of Temecula. The Southwest Area Camnunity Plan land use map designates the property is "C" - Commercial. Th~ proposed change of zone and addition of a pump island to an existing gasoline station are compatible with surrounding zoning and uses. Therefore, the project is consistent with the General Plan. ENVIRONMENTAL ASSESSMENT The intial study prepared for Environmental AsseSsment 34252 indicated that the primary environmental concerns are geologic fault hazards, liquefaction, groundshaking, traffic and circulation. However, all these concerns can be mitigated to a level of non-significance at development stage. FINDINGS 1. Change of Zone No. 5714 is an application to change the existing M-SC zoning to C-l/C-P, 2. Conditional Use Permit No. 3046 is an application to add a pump island to and existing gasoline station, 3. The location of the project is within the City of Temecula at the northwest corner of Winchester Road and Jefferson Avenue. Change of Zone No. 5714 and Conditional Use Permit No. 3046 are required to bring and existing use into conformance with Ordinance 348, 5. Current land use is an existing gasoline station and mini-mart. .6. C~mmerctal land uses surround the project site. CHANGE OF ZONE NO. 5714 CONDITIONAL USE PERMIT NO. 3046, AMENDED Staff Report Page 3 7. Zoning on the subject property is N-SC with H-SC, C-1/C-P and C-P-S surrounding the site. 8. The site ts located within the SWAP, wtth a "C' - Camercfal designation. 9. Environmental concerns have been mitigated to a level of non-significance. 10. There is a reasonable probability that the project will be consistent with the General Plan proposal being studied or which will be studied within a reasonable time. 11. There is little or no probability of substantial interference with the future adopted general plan if ultimately inconsistent with the General Plan. detriment to or the project is 12. The project complies with all other applicable requirements of State law and local ordinances. RECOMHENDATIONS: ADOPTION of the Negative Declaration for Environmental Assessment No. 34252 Dasea on the findings that the proposed project.will not have a significant effect on the environment; and, DENIAL of CHANGE OFZONE 5714 from H-CS.to C-1/C-P in accordance with Exhibit 2, and, APPROVAL of CHANGE OF ZONE S714, from M-SC to C-P-S as shown on Exhibit. 4; and, APPROVAL of COMDITIONAL USE PERMIT NO. 3046, AMD. No. 3 based on the findings and conclusions found within the staff report and subject to the attached conditions of approval. JHR:Jg 5/22/90 I I CZ 5714 / CU 34346 VAC I LAND USE I 1 VA VA V AC ING' CENT. ER I:kl Bk. lei.55-CDete 05/16 190 Drawn By RG./,f4T./ 200'l RiV~i~i:3E (XXtVTY PLANNING DEPARTMENT' &OCar#OevA~. NAP NO 5714 / CU :5046 PROPOSED ZONING I 2 M I~-SC C-1/'C-P C -P -S C-P-S · ~1~. 411K:;O Iq;KXX~T$ 'COMPANY UII I1-$C'II0 ¢;-I'II::;-~P Ne ~;EIEC,,IdLI Sup.Dist. I ST Set. ~5 T.f S.R. · W. ~eeeesor's Bic 909 Pg. 28 ' 4/~1l ~ 3 ~.118R RD.-URBAN,ARTERI&L-1:54' EtBmml e'?-'FERSON IME. MAJOR I10' 1'- 20~)' RIVERSIDE C(XIfiY PLANNING DEPARTMENT i I CZ 5714 / CU ;5046 I RECOMMENDED ZONING I 4 M-SC M-SC M-SC C-1/C-P CampIll :-P-S 1f mp RimmR -P-S · C-1/C-P A,op. ARCO PRODUCTS COMPANY '~...,.., LO~CATIONA'), 'MAP Use M-SC TO C-~/C-P Area TEMECULA Sup.Dist. I ST ,Sac. ::55 T.7S.,R. 3W. A~sassor's Bk. 909 Pg. 28 Circulation {~ WINCHESTER RD.-URBAN.ARTERIAL-!~4' Eletnent JEFFERSON AVE.--MAJOR I10' ~ mm , Rd. Bk. Pg.55-CDate 05/16 190 Drawn By RG./~'~'/CZ:~ ~/ ~" ~" "'20E)' RIVERSIDE COUNTY PLANNING DEPARTMENT ~vo sc,~E " ! CZ 5714 / CU ~:)46 I CP-S.W.A,P. I 5 ,/ I-I ! · 2-_ ,., U/ \, \ SP Id · ' ,i~l~. ARC(:) I:q:iODUC S COMPANY LOCATIONAL MAP Are8 TEMEG~.R.A Sul~.Dist. I ST Sec. ~ T.?S,R. SW. ~aseB~x's Bk. 909 I~. 28 .~ A C~uIl~ ~:~ WINCI,IESTE.q ~.-U~BAN.A~TERIAL~34' '= ~' ~ ~ ~NNING ~RTMENT ASSESSOn PARCEL I 'iSLAND ADDITION I.RCO Products Company Refill Mef~l&llng , Deliqn I Englneorlng 1055 West Sevontl~ St. lI.O. Iol 2S7(~, Los Angeles, CA 60051.0570 RIVERSIDE COUNTY PLANNING DEPARTMENT CONDITIONS OF APPROVAL Atlantic Richfield Co. P.O. Box 6411 Artasia, CA 90702 CONDITIONAL USE PERMIT NO. 3046, AND. Project Description: Addition of pump island Assessor's Parcel No.: 909-281-017 District/Area: Temecula go The use hereby permitted is for existing Arco AM/PM mini-mart station Number 909-281-017. an addition of a pump island to an located within Assessor's Parcel The permittee shall defend, indemnify, and hold harmless the County of Riverside or its agents, officers, and employees fr~ 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 CONDITIONAL USE PERMIT 3046, A~O No. 3. The County of Riverside will pr~nptly notify the permittee 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 permittee of any such claim, action, or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the County of Riverside. This approval shall be used within two (2) years of approval date; otherwise it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within the two '(2} year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. The development of the premises shall conform substantially with that as shown on plot plan marked Exhibit A, AMD No. 3, or as amended by these condi ti ons. In the event the use hereby permitted ceases operation for a period of one {1) year or more, this approval shall become null and void. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or publtc rights-of-way. The applicant shall comply with the street improvement recanmendations outlined in the County Transportation Department letter dated S-15-g0, a copy of which is attached. Water and sewerage disposal facilities shall be installed in accordance with the provisions set forth in the Riverside County Health Department transmittal dated 5-29-90, a copy of which is attached. Flood protection shall be provided in accordance with the Riverside County Flood Control District transmittal dated 5-19-90, a copy of which -is attached. CONDZTIONAL USE PERMZT NO. 3046, AMP. No. 3 Conditions of Approval Page 2 10. 1o 12. 13. 14. Fire protection shall be provided in accordance with the appropriate section of Ordinance 546 and the County Fire Warden's transmittal dated 5-25-90, a copy of which is attached. The applicant shall comply with the Department of Building and Safety - Land 5-8-90, a copy of which is attached. recommendations set forth in the Use Section transmittal dated The applicant shall comply with Department of Building and Safety - 5-30-90, a copy of which is attached. the recommendations set forth in the Grading Section transmittal dated A minimu~ of seventeen (17) parking spaces shall be provided in accordance with Section 18.12, Riverside County Ordinance P~o. 348. Seventeen (17) parking spaces shall be provided as shov~n on the Approved Revised Exhibit A, AMD. ~3. The parking area shall be surfaced with (asphaltic concrete paving to a minimum depth of 3 inches on 4 inches of Class II base.} (decomposed granite compacted to a minimum thickness of three (3} inches treated with not less than ~ gallon per square yard of penetration coat oil, followed within six months by an application of ~, gallon per square yard of seal coat oil. In addition to the above. requirements, the surface of each parking place shall have a surface identification sign duplicating the symbol of accessibility in blue paint of at least 3 square feet in size.- A minimum of one {1) handicapped parking spaces shall be provided as shown on Exhibit A, AMP No. 3. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized s~gn constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of BO inches from the bottom of the sign tO the parking space finished grade, or centered at a minimum height of 36 inches fran the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parkin facility, not less than 17 inches by 22 inches in size with lettering n~l less than 1 inch in height, which clearly and conspicuously states the following: CONDZTZONAL USE PERI~IT NO. 3046, AND. No. 3 Conditions of Approval Page 3 15. 16. 17. 18. 19. "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at owner's expense. Towed vehicles may be reclaimed at or by telephoning ." In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the symbol of accessibility in blue paint of at least 3 square feet in size. Prior to the issuance of a building permit, the applicant shall obtain clearance and/or permits fro~ the following agencies: Transportation Department Environmental Health Piverside County Flood Control Written evidence of compliance shall be presented to the Land Use ~ivision of the Department of Building and Safety. ~ Roof-mounted equipment shall be shielded from ground view. material shall be subject to Plannino Department approval. Screening One {1) trash enclosure which is adequate to enclose a total of bin shall be centrally'located within the project, and shall ~e constructed prior to the issuance of occupancy permits. EaCh enclcsure shall be six feet in height and shall be made with masonry block and an opaque gate which screens the bins from.. external view. This project site is within a significant grOundshaking zone. ,litigation shall be the application of the proper Uniform Building Code standards in the development of this project. All existing structures on the subject property shall conform to all the applicable requirements of Ordinance 348. 0. This approval shall beccme null and void on June 6, tQQi) 2015. per P.C. 6-6-90). (Amended Prior to any use allowed by this use, the applicant shall obtain clearance from the Department of Building and Safety - Land Use Sect, on that the uses found on the subject property are in confomance with Ordinance No. 348. JHR:jg 5/22/90 CITY OF TEMECULA ADDITIONAL CONDITIONS OF APPROVAL Conditional Use Permit No. 30~6 Council Approval Date: Expiration Date: Planninq Department 1. No additional signage shall be allowed. This conditional use permit shall be subject to Planning commission review every two (2) years. The permit shall remain active until such time as the Planning Commission determines that the use is not in conformance with the approved Conditions of Approval. The conditional use permit may be revoked pursuant to Section 18.30 of Ordinance 3~8. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. The permittee shall defend, indemnify, and hold harmless the City of Temecula, its agents, officers, and employees from any claims, action, or proceeding against the City of Temecula or its agents, officers, or employees to attack, set aside, void, or annul; an approval of the City of Temecula, its advisory agencies, appeal boards, or legislative body concerning CONDITIONAL USE PERMIT NO. 30~6. The City of Temecula will promptly notify the permittee 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 permittee of any such claim, action or proceeding or fails to cooperate fully in the defence, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. This approval shall be used within two [2 ) years of approval date; otherwise it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within the two ( 2 ) year period which is thereafter diligently pursued to completion or the beginning of substantial utilization contemplated by this approval. The development of the premises shall conform substantially with that as shown on plot plan marked Exhibit 1, or as amended by these conditions. In the event the use hereby permitted ceases operation for a period of one 11 ) year or more, this approval shall become null and void. STAFFRPT\CZ571~ 1 _ Any outside lighting shall be hooded and directed on-site so as not to shine directly upon adjoining property or public rights-of-way. Enqineerinq Department 10. County Road Condition No. 1 shall be eraended to delete the words "and Winchester Road". 11. 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 EIRINegative Declaration for the project, in the amount in affect 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. STAFFRPT\CZ571~ 2 OFFICE OF ROAD COMMISSIONER & COUNTY SURVEYOR ivan F Termare ACTING ROAD COMM ISSIO'~ER (a COL'~TY S'L'RVEI OR June 6, 1990 ~Ma7 - ~5;- -~990 Riverside County Planning Commission 4080 Lemon Street Riverside, CA 92501 Ladies and Gentlemen: (Service Station & Mini-Market) RE: CU 3046 - Amend #3 Team 5 - SMD #9 A~ #111-111-111-9 · As amended at P.C. 6-6-90 With respect to the conditions of approval for the referenced exhibit, the Transportation Department recommends that the applicant provide the following street improvements, street improvement plans and/or road dedications in accordance with Ordinance 460 and Riverside County Road Improvement S~andards (Ordinance 461). It is understood tha{- the exhibit correctly shows all existing easements, traveled ways, and drainage courses with appropriate Q'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 Transportation Planning and Development Review Division Engineer's Office. Prior to issuance of a building permit or any use allowed by this permit, the applicant shall complete the following condinions at no cost to any government agency: at1. No additional right of way shall be required on Jefferson Avenue 4MMt N~ncnes'u=~ .Read since adequate right of way exists. * As deleted at P.C. 6-6-90 ** As amended at P.C. 6-6-90 COUNTY ADM~$11tATIVZ C~ · 4010 LEMON STREET · RIVEI~!DE. CAUFORMEA 92501 CU 3046 - Amend #3 Mey-i%~-iggG- June 6, 1990 Page 2 An additional 25 foon transportation easement dedicated to the County shall be required on State Highway 79 (Winchester Road) in accordance with the Southwest Area Plan as Board approved. The traffic signal mitigation has been met on this project. It was paid 5-17-88 in the sum of $2,900.00 by PP 10118. Prior to occupancy or any use allowed by this permit, the applicant shall construct the following at no cost to any government agency: No additional road improvements will be required at this time on Jefferson Avenue and Winchester Road. *6. *7. *8. *9. '10. *11. 12. Drainage control shall be as per Ordinance 460, Section 11.1. * As deleted at P.C. 6-6-90 ** As amended at P.C. 6-6-90 CU 3046 - Amend #3 May-i%~-½99e- June 6, 1990 Page 3 13. All work done within County right of way shall have an encroachment permit. 14. All driveways shall County Standards improvement plans. conform to and shall the applicable Riverside be shown on the street 15. All entrance driveways shall be channelized with concrete curb and gutter to prevent "back-on" parking and interior drives from entering/exiting driveways for a minimum distance of 35 feet measured from face of curb. '18. 20. Any landscaping within public road rights of way shall comply with Transportation Department standards and require approval by the Transportation Planning and Development Review Division Engineer and assurance of continuing maintenance through =he establishment of a landscape maintenance district/maintenance agreement or similar mechanism as approved by the Transportation Planning and Development Review Division Engineer. Landscape plans shall be submitted on standard County Plan sheet format (24" x 36"). landscape plans shall be submitted with the street · As deleted at P.C. 6-6-90 · , As amended at P.C. 6-6-90 May-~l-~99~--june 6, 1990 Page 4 improvement plans and shall depict only such landscaping, irrigation and related facilities as are to be placed within the public road rights-of-way. Lawrence A, Toerpe'~ Division Engineer L T: Jw FROM: RE: County of Riverside DEPARTMENT OF HEALTH DATE: T0: FROM: County of Riverside DEPARTMENT OF HEALTH 1ATE: F: I VERS ~DE COUNTY PLANN I NG DEFT. A,T~rN: J n Ch~l u S/Ah~' I RONME'NTAL HEALTH SFEC I ALI ST I V CONDITIONAL USE PERMIT 3046 09-22-.79 The Environmental Health Services has reviewed Conditional Use Permit 3046 and has no oblectlons. Sanitary sewer and water services are available in this area. Prior to any bulldln~ plan aooroval. the followlnq items will be submitted: F;nal "will-serve" letters from the water and sewerln~ aoencles. Three complete sets of plans for each food establishment will be suDmltted. Anclud:nc a flMture schedule. a f~nlsh schedule. and a Dlumbln~ schedule in order to ensure comDllance with the California Uniform ~etall Focd Facli~tles. A c!~[!~ letter from the Environmental Health Services Hazardous Materials Management 5rat, oh (3on Mohoro~kl (714~ 35e-5055). will be resulted lnd~catlno that the Proloot has been cleared for: a. Underoroun~ storaae tanks. b. Hazardous Waste Generator Services. Hazardous Waste Disclosure ~ln accordance with AB 2185) d. Waste reduction manaaement. SM:tac co: Jon Mohorosk~, Hazardous Mater~&ls Branch KENN[TH L, EDWARDG RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RIVIrR~IDF,,. ~-,ALIIrODl~dll *)2502 Riverside County Planning Department County Administrative Center Riverside, California Are a: We have reviewed this case and have the following comments: Except for nuisance nature local runoff which may traverse portions of the property the project is considered free from ordinary storm flood hazard. However, a storm of unusual magnitude could cause some damage. New construc- tion should comply with all applicable ordinances. The topography of the area consists of well defined ridges and natural water- courses which traverse the property. There is adequate area outside of the natural watercourses for building.sites. The natural watercourses should ~e kept free of buildings and obstructions in order to maintain the natural drainage patterns of the area and to prevent flood damage to new buildings. A note should be placed on an environmental constraint sheet stating, "All new buildings shall be floodproofed by elevating the finished floors a.min~mum cf 18 inches above adjacent ground surface. Erosion protection shall be proviOe: for mobile home supports.?' This project is in the Area drainage plan fees shall be paid in accordance with the applicable riles an~ regulations. The proposed zoning is consistent with existing flood hazards. Some flood control facilities or floodproofing may be required to fully develop to the implied density. The District's report dated/~- ,~7/o/P)~D is still current for this project. The District does not object to the proposed minor change. This project is a part of free of ordinary storm flood hazard when improvements gav:hb:e~r°ject will be constructed in accordance with approved plans. The attached comments apply. co: ~ ~o C!ry.trulyyo r~, ~OHN~ KASHUB~~ Senior Civil Engineer Im.O. BOX 1033 gAx NO. (7~a.~ RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RiVE:R$1DE:. CAI, irOllNl& g:~SO2 Riverside County Planning Department County Administrative Center Riverside, California Attention: Area: Regional Team No. P1 anner .'7"~/4,,q We have reviewed this case and have the following commer, ts: Except for nuisance nature local runoft which may traverse portions of the property the project is considered fre,' from ordinary storm flood hazard. However, a storm of unusual magnitude co ld cause some damage. New construc- tion should comply with all applicable < :inances. The topography of the area consists of ,.~ell defined ridges and natural water- courses which traverse the property. There is adequate area outside of the natural watercourses for building site:. The natural watercourses should ~e kept free of buildings and obstruct:ons in order to maintain the natural drainage patterns of the area and to 'revent flood damage to new buildings. A note should be placed on an environ'lental constraint sheet stating, "All new buildings shall be floodproofed by elevating the finished floors a minimum of 18 inches above adjacent ground surfact..Erosion protection shall be provided -for mobile home supports." This project is in- the Area drainage plan fees shall be 'paid i, accordance with the applicable rGles and regulations. The proposed zoning is consistent with existing flood hazards. Some flood control facilities or floodproofing may be required to fully develop to the implied density. The District's report dated is still current for this project. The District does not object to thr ~roposed minor change. ,/This project is a part of F~'' /9,,5"22-2 The project will be ' free of ordinary storm floodS. :? d when improvements i~ave been constructed in accordance with approved plans. "/The attached comments apply. _~~;~,~,~,.,,-,, .r~~trul~ ' HN ~0 H. SHUBA 'enior Civil Engineer collecting drainage fees. Those fees are used to construct needed flood control facilities within the particular area. The Area Drainage Plan fees apply to new land divisions and other types of new development. Virtually all new development causes increased storm runoff. These increases are particularly troublesome in those watersheds where an Area Drainage Plan has been adopted. In order to miti- gate the downstream impacts brought about by increased runoff, the District recommends that Conditional Use Cases, Plot Plans and Public Use Cases be required to pay a flood mitigation charge. Mitigation charges, where appropriate, will be similar to the current Area Drainage Plan fee rate. Following is the District's recommendation: 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 new development in this .93 ~ per acre, the mitigation charge equals Y . 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 been credited to this property, no new charge needs to be paid. " Mitigation Charge (mi=charg) PLANNING & ENGINEERING 46-209 OASIS STREET. SUITE 405 INDIO. CA 92201 (619} 342-88B6 RIVERSIDE COUNTY FIRE DEPARTMENT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION GLEN J NEXVMAN FIRE CHIEF 5-25-90 PLANNING & ENGINEERING 3760 12TH STREET RIVERSIDE. CA 925Ci (714) 7BT-66~'6 TO: ATTN: RE: PLA~YNING DEPARTMENT JOHN RISTOW COSDITI0:~AL USE PEPelIT 3046 - AMENDED 3 With respect to the conditions of approval regarding the above referenced plc: plan, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: The Fire Department is required to set a minimum fire flow for the re=~dei or construction of all commercial buildings using the procedure established in Ordinance 546. 2. The existing water mains and fire hydrants will provide sufficient fire protection for the proposed project. 3. Certain designated areas will be required to be maintained as fire lanes. 4. Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact a certified extinguisher company for proper placement of equip=:en=. All questions regarding the meaning of conditions shall be referred to the Planning and Engineering staff· RAYMOND H. REGIS Chief Fire Department Planner By Laura Cabral, Fire Safety Specialist alma April 4, 1990 Aclminis~rmive Office · 1777 A~lante Avenue I~iverside, OA g2B07 MAY 10 lg~j De art~,:'VERS!DECOUNTY Riverside County Planning p ~NING D~PA~TMENT Attention: JOhn Chiu County Administrative Center 4080 Lemon Street Riverside, CA 92501 RE: Conditional Use Permit 3046, Exhibit A, Amended Ladies and Gentlemen: ,~/':'.,',:'c The Land Use Division of the Department of Building and Safety has the following comments and conditions: If approved elevations are required from' the Planning Department the approved plans must be submitted to.the Land Use Division concurrently with submittal of structural plans for review. Prior to issuanre of building permits, proposed lighting must be in conformance with Mount Palomar Lighting Plan, Zone B, per Ordinance 655. Prior to acceptance of structural plans for Building and Safety review, one complete set of approved conditions from Planning Department must be attached. Performance Securities Bond for maintenance of landscaping may be required. Consult your Conditions of Approval. Prior to the issuance of building'permits, written clearance is required from the following: · Temecula Valley Unified School District Sincerely, ,/ Vaughn Sarkis jan Land Use Technician VS:sn FR0~: DATE: RE: APN: PLANNING / JOMN RtSTOW SAM D. GONZALEZ MAY 30, lggO CU 30~6 AMENDMENT m 3 909-281-017 ::IiVL {biDE COUntY PLa nninc DEPA::IEfilEn; November 16, 1989 Ns. Lynn Beteag ARCO Real Estate Representative 28762 Rancho Del Lago Laguna Niguel, Ca 92656 Dear Ms, Beteag: This letter is to confirm our conversations, both in person and by telephone, that your Conditional Use Permit No. 3046 was mistakenly accepted by our Public Information Section.Per Section 11.2.6. (2)c that your gasoline service station with a mini-mart which including the sale of beer and wine for off-premises consumption is a non conforming use within the M-SC zone. Furthen~ore, Section 180.a of the Zoning Ordinance 348 specifies that "Any nonconforming structure or use may continued and maintained for the periods of time hereafter set forth, provided there are no structural alteration except as hereinafter allowed. - - -" In order to proceed with your Conditional Use Permit application, you would need to file a change of zone application from N-SC zone to C-1/C-P or C-P-S zone. Also, I am enclosing the following documents for your legal .department review. 1. Article IX (C-1/C-P Zone), Article IXb (C-P-S Zone), and Article X: (r.~-SC Zone} of Ordinanc~ No. 348. 2. Section 11.2.6(2)C of Ordinance No. 348 was amended by the County Boar~ of Supervisors on April 4, 1989. 3. Section 18.8.a of Ordinance No. 348. I hope these information will help you to proceed with your project. there be any questions, please feel free to call me at {714) 787-6356. Should Very truly yours, RIVERSIDE COUNTY PLANNING DEPARTMENT Roger S. Streeter, Planning Director ~nner I I I ...... Enclosures 4080 LE![fV~fi STREET, 9TM FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787-6181 46-209 OASIS STF{EET,-ROOM 304 INDIO, CALIFORNIA 92201 (619) 342-8277 DATE: February 27, 1990 =IiVE iDE counc,u PLAnning3 DEPa::ICrilEnC TO: Assessor Surveyor - Ken Tetch Road Depart~nttd/ Health - Ralph Luchs Ftre Protection Flood Control District Fish & Game U.S. Postal Service- Ruth E. Davidson U.S. Fish & Wildllfe Services County Superintendent of Schools Eastern Municipal Water District - Se~er Rancho California Water District Southern California Edison - Doug Davies Southern California Gas Caltrans #8 Temecula Union School District Elsinore Union School District Commissioner Turner County Sher~f~ Community Plans RIVERSIDE COUNT;, ROAD DEPARTMENT CHANGE OF ZONE 5714 - (Tm 5) - E.A. 34252 - Atlantic Richfield Company c/o Lynn Beteag - Tait & Associates, Inc. - Temecula Area - First Supervisorial District - W of Jefferson Ave., S'ly o~ Winchester Rd. - H-SC Zone - .97 Acre - REQUEST: Change Zone from M-SC to C-!/C-P - RELATED CASE: CUP 3046 - Mod 119 - A.P. 909-281-017 Please review the case described above, along with the Division Committee meeting has been tentatively scheduled for clears, it will then go to public hearing. attached case map. A Lan~ Harch 19, 1990. If it YOur comments and recommendations are requested prior to March 19, 1990 in order that we may include them in the staff report for this particular case. Should you have any questions regarding this item, please do not hesitate to contact John Chiu at 275-3207. Planner / gm 4080 LEMON STREET, 9'" FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787-6181 46-209 OASIS STREET. ROOM 304 INDIO. CALIFORNIA 92201 (619) 342-8277 County of Riverside J: R~ver~ide county Planning Dep~rtmen~ DATE: March !9, 1990 ATTN: John Chiu FRO.X~GreE Dellenbach, Environmental Health Specialist III RE: Change of Zone 5714 - Revise (FAST TRACT) Environmental Health Services has reviewed this change of zone case and has no objections. Sanitary sewcr and water services are available in this area. GD:wdl MAR 2 0 1990 RIVERSIDE COUNTY PLANNtNG DEPARTMENT (;EN FORM 4. lile~ ~',,.', KENNETH I, EDWARD$ Riverside County Planning Department County Administrative Center Riverside, California WATER CONSERVATION DISTRICT ~ MAR 2 1 1990 Attention: Regional Team No. Planner ::F~~~, 5' Re: RIVERSIDE COUNTY ~m_,~, S 7 / t/ PLANNING DEPARTMENT Area: We have reviewed this case and have the following comments: Except for nuisance nature local runoff which may traverse portions of the property the project is considered free from ordinary storm flood hazard. However, a storm of unusual magnitude could cause some damage. New constrdc- tion should comply with all applicable ordinances. The topography of the area consists of well defined ridges and natural water- courses which traverse the property. There is adequate area outside of the natural watercourses for building sites. The natural watercourses shoul~ be kept free of buildings and obstructions in order to maintain the naturN drainage patterns of the area and to prevent flood damage to new buildings. A note should be placed on an environmental constraint sheet stating, "All new buildings shall befloodproofed by elevating the* finished floors a minimum oF 18 inches above adjacent ground surface. Erosion protection shall be provide~ for mobile home supports." This project is in the Area drainage. plan fees shall be paid in accordance*with the applicable riles an¢ regulations. The proposed zoning is consistent with existing flood hazards. Some flood control facilities or floodproofing may be required to fully develop to the implied density. The District's report dated is still current for this project. The District does not object to the proposed minor change. This project is a part of free of ordinary storm flood hazard when improvements ~avJhb~e~r°ject will be constructed in accordance with approved plans, The attached comments apply. cc: ~P~o ~e~o~c~c ~. ~ry iru~, A OHN H. KASHUB ~Senior Civil Engineer DATE: /~a~O~/"/"~ DATE: February 27, 1990 /0: Assessor Surveyor - Ken Teich Road Department Health - Ralph Luchs Fire Protection ~ Flood Control District Fish & Game U.S. Postal Service - Ruth E. Davidson U.S. Fish & Wildlife Services County Superintendent of Schools Eastern Municipal Water District - Sewer Rancho California Water District Southern California Edison - Doug Davies Southern California Gas Caltrans #8 Temecula Union School District Elsinore Union School District :liVEdbiDE counE.u PLAnnine DEPa EmEn; RECEIVED CHANGE OF ZONE 5714 - (Tm 5) - E.A. 34252 - Atlantic Richfield Company c/o Lynn Beteag - Tait & Associates, Inc. - Temecula Area - First Supervisorial District - W of Jefferson Ave., S'ly of Winchester Rd. - M-SC Zone - .97 Acre - REQUEST: Change Zone from M-SC to C-1/C-P - RELATED CASE: CUP 3046 - Mod 119 - A.P. 909-281-017 Please review the case described above, along with Division Committee meeting has been tentatively scheduled :lears, it will then go to public hearing. the attached case map. A Land for March 19, 1990. If it Your .comments and recommendations are requested prior to March 19, 1990 in order that we ma/include them in the staff report for this. partiCular case. Should you have any questions regarding this item, please do not hesitate to contact John Chiu at 275-3207. Planner COMHENTS: The Riverside County Fire Department has no comments or conditions. DATE: 3-16-90 SIGNATURE PLEASE print name and title PHONE: gm LAUI~A CASI~AL, ~ire Safety SpeciaZ~st 4080 LEMON STREET, 9TM FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787'6181 46'209 OASIS STREET. ROOM 304 INDIO, CALIFORNIA 92201 (619) 342-8277 Ri , Eq ,iDE COUII .u PLArlfiirK DEPA:IEfiIEfi APPLICATION FOR LAND USE AND DEVELOPMENT rN CHANGE OF ZONE NO ~ CONDITIONAL USE PERMIT NO ~ PARCEL MAi~ NO r" PLOT PLAN NO INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED DATE ~ PUBLIC USE PERMIT NO r' TRACT MAP NO ," TEMPORARY USE PERMLT NO _.. P, VARIANCE NO A APPLICANT INFORMATION ADDhClnt'S Nlme Matling AOOress Telephone No OwnI'll Name Mirarig AOOreSS Telephone NO Representit,re Mid,fig AJOreSS Telephone No Atlantic RiCh'field Com;anv,,'Contac;: Ly~ Eetea; Pm;~,Box 6411. ;lrtesi~,, Califo-nia c~ ( 714 ) 643-17'31 ~8zm-SDm, Same NOTE :if more tfni~ one person mS mvolvecl ,n the OwnerlRtD O* me DrOpeqy pe,ng OevemoDec a se=a,ate Da;e -~st ~ itilc~e~ Io this IDPhclho~ w~mC~ hits the filmIs In~ 100relies Of IP ~rlO~S ~v~g im ,n~e,es~ ~ t~e ow~e,s-,; a' me DrOOe~y B ImM, OJICT INFORMATION PurpOse of Reque$! (allcrePe prOlice) (OrChnlnCe 348 re~ no ) Cha~ge Zone M-SC to C-1/C-P or 't"r'-'-'-'-'-'-~. For existing AM/PM Hini Hart with Gasoline Sales & Off-site Bee~,.,.:re 5a~es 2. Rillell CIlia fmlecl in con/unCtiOn wi~h thel rlQuest: C.U.P. = 3046 C PROPERTY INFORMATION 1. ImmefaPmr~lNe(a). 909-281-017-7 2 Ger~rml I~tm (street mdmlrmm~. etc.) 41555 Winchester Rd., Temecula 4080 LEMON STREET, 9" FLOOR RIVERSIDE, CALIFORNIA 92501-3657 (714~ 787-6~81 46-209 OASIS STREET. ROOM !04 INDIO, CALIFORNIA g220~ m19:342-8277 RIOUIRID PROPERTY OWNERI NOTIFICATION INFORMATION PROPERTY OWNERI CERTIFICATION I Alain Bally .cerl,tyme/o~ 2/5/99 rheenecf~4.(~DroDeqyaw~e~hl~wsJDreNreeDy ,.Ala~n Bally ~iteOe Of ~eet ~ tM kMcl ~y iM Iii ~t pr~y W~ ~hl~ ~ feet N 11TLIIlilGlITRATION: ADDleIll. IN~NATUII~: AlaZn Bally 511 W, GZenOaks Blvd,, Suite 334 Glendale, CA 91202 /. 5902 / . e~e.olea~.f 14eeeeleeleee =liVE:BiDE COUntY PLAIlrlirlG Dipa: cminc APPLICATION FOR LAND UIE AND DEVELOPMENT CHANGE Or ZONE tAlCEL MAIm ~ ~/Ir ImUI~ I/IE IreSRUn* NO TRACT MAP NO TEMPORARY USE ;IRkAfT NO VaJaukNCE NO. MeCC)MtLr!T APPLICAlqON$ WILL NOT BE ACCEPTED. APtUGANqr INFC)RMATION , , '-c,,'.C ~r,',/ ~i~ (~""'~ c:,'~ ~ ~y · ,mmad~;~gl~m',,aDal~, _ , 4080 LEMON STREET. I" FLOOR 48-209 OASIS STREFr, ROOM IIIIVFlil~.,fr')lc ~.il mlc~mNmm eg&~.tme? INOlO, CALIFORNIA 922a' RIVERSIDE COUNTY PLANNING DEPARTMEriT COUNTY ADMINISTRATIVE CENTER, NINTH FLOOR 4080 LEMON STREET RIVERSIDE, CALIFORNIA 92501-3657 Joseph A. Richards, Planning Director A PUBLIC HEARING has been scheduled before the PLANNING COI~ISSION to consider the application(s} described below. The Planning Department has tentatively found that the proposed project(s} will have no significant environmental effect and has tentatively ccrnpleted negative declaration(s). The Planning Commission will consider whether or not to adopt the negative 1 dec aration along with the proposed project at this hearing. Place of Hearing: Board Roa~, 14th Floor, 4080 Lemon Street, Riverside, CA Date of Hearing: WEDNESDAY, JUNE 6, 1990 The time of hearing is indicated with each application listed below. Any person may submit written comments to the Planning Department before the hearing or may appear and be heard in support of or opposition to the adoption of the negative declaration and/or approval of this project at the time o) 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 . described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the publfc hearing. The environmental finding along with the proposed project application may be viewed at the public .informatiOn counter Monday through Friday from 9:00 a.m. until 4:00 p.m. CHANGE' OF ZONE 5.714 WITH CONDITIOriAL USE PERMIT 3046, EA 34252, is an application submitted by ARCO Products Co for property located in the Temecula Area and First Supervisorial District and .oenerally described as the NW corner of Winchester Road and Jefferson Avenue to amend Ordinance No. 348, Riverside County Land Use Ordinance. Said amendment would change zone M-SC (~nufacturing-Service Commercial } to C-1/C-P (General Commercial ), etc, or other such zones as the Planning Commission may find appropriate for a proposal to expand an existing gas station. (JR} TIME OF HEARING: 2:00 P.M. : ., _. :-__E:Z: . :: :lie :~EEEi:; m :1:'-:3:'-:1:-: ' ° ';?EE' C.Z;: TE=E:.'::. 2' .Z'-:2. , :: ,- _2::_- .'_ ..; .... : ', :-'.- :IiVE:DEDE county N. Anninc DEPA:I;rnEn; ENVIRONMENTAL ASSESSMENT FORM: ENVIRONMENTAL ASSESSMENT (E.A.) NUMBER: PROJECT CASE TYPE(s) AND NUMBERS(s): ~'- APPLICANT'S NAME: ". ~,' j NAME OF PERSON(s) PREPARING E~.: ~,'~ STANDARD EVALUATION MODULE NUMBER(s): I. PROJECT INFORMATION Ao DESCRIPTION (include proposed minimum lot size and uses as applicable): · ,,~ ~ ,-- _' · (, . f ~ ~ - · B. TOTAL PROJECT AREA: ACRES C. ASSESSOR'S PARCEL NO.(s): '- ; or SQUARE FEET D. EXISTING ZONING: E. PROPOSED ZONING: F. STREET REFERENCES: IS THE PROPOSAL IN CONFORMANCE'~ / IS THE PROPOSAL IN CONFORMANCE~ __ #o G. SECTION. TOWNSHIP, RANGE DESCRIPTION OR ATTACH A LEGAL DESCRIPTION: BRIEF DESCRIPTION OF THE EXISTING ENVIRONMENTAL SETtING OF THE PROJECT SITE AND ITS .,Z · --, --e ., ? I' / ', · ~' "'* ' "" · .. II. COMPREHENSIVE GENERAL PLAN OPEN SPACE AND CONSERVATION DESIGNATION Check the appropriate Option(s) below end proceed accordingly. All or pert Of the project site is in "AdoPted Specific Plans," "REMAP" or "RarXcho Villages Communi~} <' '-'-~ I Policy Areas". Complete Sections III, IV (B ancl C only), V ancl VI. -- · All or Dart Of the project site is in "Areas Not Designated as Open Space". (A, BInd D only), V Ind VI. Complete Sections III, Iv I'1 All or part of the project site his In Open Spice ancl Conservation clesignation other than thOSe menhOne= II:K)ve Complete Sections III, IV (A, B, Ind E only), V Incl VI. 295.10 (Ne~ 12/87) IIll. ENVIRONMENTAL HAZARDS AND RESOURCES ASSESSMENT Ind~lte fie nature of the prODOlld lind ule Is determined from the descriptions IS fOund in Comprehensive General Plan F~gu,e VI.3 (Circle One). This information is necessary to determine the appropriate land use suitability rltings in Section III.B NA - Not Applicable Critical Essent~ll Normal-High Rilk Normal-Low Risk Indicate with 8 yes CY') or no (N) whether Iny environmental hlZ. lrd Ind/or resource ilsues may significantly affect or De allacre: by the proposal. All referenced figures Ire COilflirted in the Comprehenmve General Plan. For Iny issue marked yes (Y ~ idditionll data sources, Igencies consulted, findings of fact and Iny mitigation measures under S4CtiOn V. AlSO, where ,nd~Cate: circle the Ippropriate land use suitability or noise acceptability rating(s). (See definitions It bottom of this page) HAZARDS , , 6. 7. I 8' 10. ~ 11.~ Alcluist-PriOIo Special Studies or County Fault 12. Hazard Zones (Fig. Vl.1 ) NA PS U R (Fig. VI.3) L~Quefaction Potential Zone (Fig. VI.1) 13. NA S PS U R (Fig. VI.4) GroundShak~ng Zone (Fig VI.1) 14. NA S PS U R (F~g. VI.5) Slopes (RIv, Co. 800 Scale Slope Maps) 15. Lan0shde R~sk Zone (Riv. CO. 800 Scale Seismic Maps or On-site Inspecbon) 16. NA S PS U R (F~g. Vl.6) ROCkfall Hazard (On-site Inspection) 17. / Expansive Soils (USD.A Soil 18. Conservation Service Soil Surveys)' 19. Erosion (U.S.D.A. Soil Conservabon 20. Service Soil Surveys) 21. Wind Ersos~on & Blowsand (Fig. VI.1, 22 Ord. 460, Soc. 14.2 & Ord. 484) 23 Dam Inundation Area (Fig. VI.7) 24. Floodplains (Fig. VI.7) 25. NA U R (Fig. VI.8) Airport Noise (Fig, 11.18.5, 11.18.11 &VI.12 & 1984 AICUZ Report, M.A.F.E NA A B C D (Fag, VI.I Railroad Noise (F,g. V1.13 - V1.16) NA A B C D (F,g, VI. I Highway No~se (Fig. V1.17 - VI.291 NA A B C D (Fag. VI.1 Other Noise NA A B C D (Rg. VJ. 1"~ Project Generated Noise Affectrag Noise Sensitive Uses (Fig. VI.11 ) Noise Sensitive Prolect (Fag. VI. 11) Air Quality Impacts From Project Prolect Sensitwe to Air Qualsty Water Quality Impacts From Project Prolect Sensitive to Water Ouahty Hazardous Materials and Wastes Hazardous Fire Area (F~g. VI,30 - VI.3 Other Other 26.~-/ 27. [ 28. 29. I~' 30./' 31. RESOURCES Agriculture (Fig. VI.34 - VI.35) In or Near In Agricultural Preserve (Riv. Co. AgriCultural LInd Conversltion Contract Maps) Wildlife (Fig. VI.36 * %/I.37) Vegetation (Fig. VI.38- VI.40) Mineral Resources (Fig. %/1.41 - %/I.42) Energy Resources (Fig. VI.43- VI.44) 33." ,' 34. t.' 35. if' 36 37. Scenic Highways (Fig. VI.45) Historic Resources (Fig. VI.32 - VI.33J Archleotogical Resources (Fig. VI.32 - VI.33 & VI.46- VI.48) PlilontOIOgiCll Resources (Paleontological Resources Map) Other Other Definitions for land Use Suitability and Noise Acceptability Ratings NA * Not ADDlicIDle U - Generally Unauitable B - Conditionally Acceptable 395-70 S - Generally Suitable R - Restricted C · Generllly UnacceDtable PS - PrOviaiOnally SuitaDle A - Generally ACceDtalDle D - LInd Use Discouraged A. LAND USE DETERMINATION Complete this Dart unless the project is located in "Adopted Specffic Plans", "REMAP" or "Rancho Villages Community Pohcy Areas." 1. OPEN SPACE AND CONSERVATION MAP DESIGNATION(s): "' /. ' · 2. LAND USE PLANNING AREA: 3. SUBAREA, IF ANY: 4. COMMUNITY POLICY AREA, IF ANY: 5. COMMUNITY PLAN, IF ANY: - 6. COMMUNITY PLAN DESIGNATION(s), IF ANY: .- f SUMMARY OF POLICIES AFFECTING PROPOSAL: B, For all protects, iniclcate with a yes (Y) or no (N) whether any public facilities and/or services issues may ssgn iflcant,y a"te:' or be affected by the proposal. All referenced figures are contained irt the Comprehensive General Plan For an) issue marked yes (Y). write data sources, agencms consulted, findings of fact, and mitigation measures unOer Sect,o,~ v PUBUC FACIUTIES AND SERVICES 1. ' C~rculat~on (F~g IV 1 -IV. 11. Discuss in 10./, Sac. V Existing. Planned & Required Roads) 2.._L/ Bike Trails (Fig. IV. 12 - IV. 13) 11. / 3 ' Water (Agency Letters) 12. / 4. Sewer (Agency Letters) 13. ' 5. Fsre Services (F~g. IV.16- IV.18) 14. / 6. ~ / Sheriff Services (Fig IV. 17 - N. 18) 7. [,/ Schools (Fig. IV. 17 - IV. 18) 15./f,-/' 8. [' SotidWsste(Fig. IV.17-1V. 18) 16: 9. I"' Parks and Recreation (Fig. IV.19- IV.20) 17. EQuestrian Trails (Fig. IV.19-IV24. Riv. Co. 800 Scale EQuestnan Tran Ma=s Utilities (F~g. IV.25 - IV.26) Libraries (Fig. IV.17 - IV. 18) Hellth Services (Fig. IV17 - IV.18) Airl)orts (Fig. 11.18.2-11.18.4, 11.18.8-11.18.10 & IV.27 - IV.36) Disaster Preparedness City Sphere of Influence . " Other C, ff all or Dad of the project is located in "Adopted Specific Ptlns", "REMAP" or "RanCho Villages Community Po':, Arsas", review in detail the ipecific policies Ipplying to the proposal, Ind complete the following: 1, State the relevant land use designition(s): 2. Based on this initial study, iS the DrODOMI ConSiStent with the policies and designations of the appropriate doc ume-' and therefore Consistant with the Comprehensive General Plan? If not, exOlatn: N. LAND USE DETERMINATION (continued) D. ff all or part of the project site is in "ARMS not Designated Is Open Space", and is not in a Community Plan. complete Guestions 1, 2, 3, 6 and 7. Complete Guestions 4, 5, 6 and 7 if it is in a Community Plan. Land use categorylies) necessary to support the proposed project. (i.e. residential, commercial, etc,) "- Also indicate land U_se type Current lind use categor~es) for the site based on existin._g conditions. Also indicate land use (i.e. residential, commercial, etc.) ' ' ' .-. 3. If D.1 differs from D.2, will the difference be resolved at the development stage? Explain: 4. Community Plan cles~gnation(s): 5. Is the Oroposecl prOJect COnsiStent with the PohcieS and designations of the Community Plan'~ " If not, explain: 6. Is. the proposal compatilDle with exis,ng and proposed surrounding land uses? If not, explain: 7. Based on this initial study, is the proposal consistent with the Comprehensive General Plan? ff not, reference by Section and Issue Number those issues identifying inconsistencies: ~ E. If Ill or pad of the project site is in an Open Space and Conservation designation, complete the fOllOwing 1. State the designation(s): 2. Is the proposal consistent with the Oesignltion(s)? If not, explain: 3. Based on this initial study, is the DroPdill cortsisent with the Comprehensive General Plan? ff not, reference by Section and Issue Number those issues identifying inconsistencies: V. INFORMATION SOURCES, FINDINGS OF FACT AND MITIGATION MEASURES A. ADDITIONAL INFORMATION REQUIRED BEFORE ENVIRONMENTAL ASSESSMENT CAN BE COMPLETED DATE DATE ADEQUACY SECTION/ INFORMATION INFORMATION INFORMATION ISSUE NO. REQUIRED REQUESTED RECEIVED (YES/NODA'E For each issue marked yes (Y) under Sections III.B and IV.B, identify the Section and issue numDer and c~o fOllOwing, in the format as shown below: 1. List all additional relevant data sources, including agencies consulted. 2. State all findings of fact regarding environmental concerns. 3. State sDecific mitigation measures, if identifiable without requiring an environmental impact reDoft (EI.R 4. If additional informahon is required before the environmental aSSeSSment Can be completed, refer tc Subsection A. 5. If addihonal sheets are needed to complete this section, check the box at the end of the SectiOn and aTtaCh the necessary sheets. SECTION/ ISSUE NO. SOURCES, AGENCIES CONSULTED, FINDINGS OF FACT, MITIGATION MEASURES V. INFORMATION SOURCES, FINDINGS OF FACT AND MITIGATION MEASURES (continued) SECTION/ ISSUE NO. SOURCES, AGENCIES CONSULTED, FINDINGS OF FACT, MITIGATION MEASURES: See actache~ pages. VI. ENVIRONMENTAL IMPACT DETERMINATION: J~The Droject will not have I significant effect on the environment end a Negative Declaration may De prepared. (or) [:::] The project could hive a significant effect on the environment; however, there will not De s signif,ca-'. effect in this case because the mitigation reellures clescribed in Section V have been al~l~iied to The project and a Negative Declaration may be prepared. 295-10 (Ne~ 12/871 (Or) [] The Droject may hive a significant .,effect on the environment and In Environmental linDact iS recluired. , Name: j ' - "' r. Date: Prepared by ITEM CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: MEETING DATE SUBJECT.. CITY COUNCIL DAVID F. DIXON, CITY MANAGER NOVEMBER 6, 1990 NOVEMBER 13, 1990 CITY HALL LEASE FOR 43172 - 43174 BUSINESS PARK DRIVE, TEMECULA (BUILDINGS "C" AND "D" OF WINDSOR PARK I) PREPARED BY: SCOTT F. FIELD, CITY ATTORNEY RECOMMENDATION: That the City Council authorize the Mayor to execute the lease for City Hall located at 43172 and 43174 Business Park Drive, and further authorize the City Manager to approve a Tenant Improvement Budget included in the lease not to exceed $405,000. DISCUSSION: At the September 18, 1990 City Council Meeting, the City Council directed the City Manager to negotiate a three (3) year lease for Buildings "C" and "D" in Windsor Park I. The lease negotiations are complete. The lease is in the form of a standard "Net Industrial Lease", with the principal terms of the lease set forth in the Addendure. The principal terms are as follows: 1 .Tenant Imorovements: The estimated cost of tenant improvements are not to exceed $405,000. The landlord's construction company, Windsor Construction Company, shall construct the tenant improvements. A space planner has already been hired and once the plans are complete, the landlord shall assess the cost and provide the City with the Tenant Improvement Budget, which the City shall have seven (7) business days to approve. So long as the cost of the tenant improvements are less than $405,000, they shall be amortized over the three year term of the lease at a twelve percent (12%) interest rate. Any improvements in excess of $405,000 shall be paid as a one time additional rent payment by the City upon completion of the improvements. 2.Financing: The lease is contingent upon the landlord obtaining financing for the tenant improvements. Financing is to be obtained within forty-four (44) business days of the date the tenant improvements are commenced. However, the landlord is committed to immediately beginning tenant improvements without a loan commitment once the City Manager has approved the tenant improvement budget. 3.Rent: The base rent is as follows: Building "C" - 20,223 square feet - $ 97,017.40 - NNN/year Building "D" - 6,805 square feet - $ 44,913.00 - NNN/year TOTAL 27,028 square feet- $141,983.40 - NNN/year The base rent is subject to a annual CPI adjustment of five percent (5%). With the amortized costs of the tenant improvements estimated at $405,000 per year, the estimated cost of the fi~sl~ year of the lease is $301,806.72 per year. 4. Existing leases: The existing leases for Buildings "A" and "C" shall be extended to the date that Building "C" and "D" are ready for occupancy. The new lease shall commence upon the date that Buildings "C" and "D" are ready for occupancy. 5. Parking: The landlord shall provide the City with 95 exclusive parking spaces from 8 a.m. to 5 p.m. During other hours, the City will be permitted to park in any of the available 191 parking spaces. In addition, the landlord will restripe the entire parking lot to add compact parking space so as to maximize parking. Such additional spaces created within the City's parking area will be allocated to the City. FISCAL IMPACT: The FY 1990-91 Annual Operating Budget includes $278,000 for rent. Assuming we begin paying rent in March, the appropriation is adequate. A TTA CHMENTS: Lease for Buildings "C" and "D" in Windsor Park I. NET INDUSTRIAL LEASE This Lease behmn Hindsot Partner~, Ibncho ~Mustrtal · knerll Partnership C'landk~cr'). and The Clt~ of Temcull · ell 1forhie Corporation ("Tenant"). k 1. LEASE OF leREIIILI. 1.1. In consjclemion el te Rent (es dMined in ~ 7.13 en~ me leMeiore el I~ Leue. Lendlord ieues Io tenam encI 'lbnant leues fTOm IJnC!lO,:l me Promtees ehown by in bction 2.1:~ The Premises ere k:caecl within ~e Iv, dine and Perk {lesatbe in bction 2.14. tenant chat[ hew me n~n-exclushe fight (unless {Xl~envies pmvklecl herein) In (u efine~ at Section U). 2.4. Exhibit "D"-- Rules ere Regulations. U Addends: See Acidending Rent: 1 lee AddendLe Z2. Isle lles~. The celer48r )~ar et ' lineteen lientired NIcety (11~03 3,1 Iralet(s) end lele$/tent(s): Nestlist tamertie1 lr~kersge - len leldberg, fitks PEP--, Steve keneel1 Z4. C4mmen~ement Dete: lee Adde~d,e IS. ¢°mm°nAmu:Mlreisw~inINeslericxlx~ndmriesc~lhePlrkff~MmmlxTMdecrlndcle' ~lted , ' ~ ~as, ~ ~ e~ ~ ~ ~' , ~ ~ ~, Nt~ k~ a~ . M~ fhe H~ent (el) . ~ ~ five M~t ~'. ~ k: P.O.B. ~ Tmcule, ~ lZ~ (112.831.951. / S11. U~h~ ~~ M b k~ lEteven ~unnd light e~ ~1~ end lS/l~ ~r · ~. ~ A ~MN N~I~ ~ ~ dm~m.a ~ ~ ~ m 4317Z end 43174 lusthess Pi~ Drive ,. ...... snYlls~tyuponLsrgllordsssmsulteessklehsngaerlermydsmsgemmmsm~clmeemssx~ms~s~m~ lerm resulting from the mmrcile o~ an olXk:m Io lend, bmom.msn, snd is equivalent to similar Ires fe~nO Io physical Idequacy In Ipmmnee and Ioe m. amomeys' tees), causes ol actre, claims, oe Judgments arising wt o~ m lead Io any dmOe, as defined haminshore, to any pemon LIw: Any judicial dectlion, 8tute, mtttutlon, Im:!inlnm, mlolution, mgu!lUon, ride, idminiltmtlve order, or other mqulmment O~ shy municipll. coumy, liltS, Ilderll, Or mher 9ovemmem agency oe authority having juf~diclion ovw the Parties {x the Promises, h oe bet , In effect either m the lime ol execution of me l~ s m ~ lime during the terns, Including, withoct llmlmion, any regulation or order of · quasi-officio! en~ify or body (e.g., IxmM o( ~m 10tamlners of public utilities). Uen:AchegelmPosedonYaPmmleesbyeomeonemherthenl.~,bywhlchNpmmlmm~le~~ FeHormanm~mnact. MostolmellemmermdtoinlhmLawmmechamm'ileft . Maintenance: Repairs, mplm:ement, mpllnljng and dlenlhg. P~irty:h~me~nLand~C~r~bn~nt;end~m~mth~n~ne~Nm~n~fm1Utyi~L~nd~rd~t.'bn~nt.the~mm~ Provision: Any In, Igmemere, ranant, rendition, ause, Qualffic, mion, m~, meenetlon, of o1~ ~ In Ihe Lam thlt defines of otherm cm, emblishes oe lmitsh perk~mqulmd mpead~~. Paintion: The mcon~n, rebuilding, mtmbilltmion, Im:l rapaim ttm 8m neceuary Io mum destroyed ;ram ee tm Promlies argl mher property ~ mnliMly h m I~ emxIition in which Ihey were _immedimely ~ the dammction. ~ucceuor: Aulgnee, !mnsfeme, pemonml mpmsentatlvt heir, or mr pertain or enlity Sueoeeding Imwfully, mrgl pumuant to lbnant: A pemon m' entity (or Iheir inssot In Inl~) who Im ltgned · vllld inditing line llx · m In Ihe PsdL 'llMnt'l Improvement: Any addit~n Io oe modlfr..ation ol h Premim nmcle Ily k be(m1, It, Or mr ~ tunarant ef me mrm, Including, wtthom limimm, fixtures (nm Including Tymnt'e trade fixtures). Ttnant'sl'm:leFixtums:Anylx~,lnllalledlnoronhpmmbesbylmbrpmeso(imde,~u~mm. lkmination:Theendlngetimlmmbelomelorsnymelon. 4. DELIVERY OF POSSESSION. 4.1. II fo~ tony mason Landlot6 dees nm da|iver pommslon ol Itm Pmmism Io Temm on me Commencement Datm, Lmndlo~ Itmll nol IDe subject 1o iny lilbility fro' ~ hilum, the Expiation DIre Ihlll nol cl'mnge Incl ~e vllidlty ol Ihil Lemm Ihlll no( bl implirm:l, I~t Rent shill Ix 8bateel until tielivery O( Imeammsion. "Delivery ol pomessimq" Itmfi be deemed Io __,~,__,f on the date L~ndlord completes Dram, euch Ixamuion mhalt Ix subject Io the pmvisiorm o( ~ La~e, including, wtth4~t limittalon, Ihe daymere ol Rent. I.. ACC!!q'ANCE. K1. 'bnint'l laking Imllelmlon 13t ffm Pmmiss~ on m~'nmlne, e~ ,~l.ql o( the tm~n ~ ¢onllltute llnlnt'l mcknow~ment 1hit the Premises mm in good me~lition. I. UI[; LIMITATIONS ON LIlt. 6.1. ~snsntshs~1usethe~smmisesse~s~y~r~sw1xsssset~n~he`k~nt~UseC~mswsrsd~r~ I.sndl~'s v~lnen c~nsent. llnantlhaltconductHIl~minemltthePmmlBesm~thetr~nmeetlo~ln~,s~~mr sm mr Imcle name unless rm mslnln~ Ifs wfilten ~sent ol ~. U. lkn~nrsuNo(mePmmmaspewldedinedsLmmeehanbelnaccom.neewtthemUioq: 1.2.1. llnant shsli mglo, teing, wisse~le~ln er lmut lhs premises lhl will csua lesrmellstien~ If the me ~ shy insurance mr~d by I,mndlo~ Is Increased ms · meult ,I lbMm'S me, hnt I~mll ~ k;) Lindlord Mthirt In (10) days before the date Landloffi S ~igated t~ lay · Ixtm~m on Ihe Inswance, er within In (10) days ~ter I. andloffi daliv~m ~1inant~certifi~t~t~mentfmmL~ndk)n:r~in~umn¢em~i~t~ng~mi~her~e~ncm~mc~~~~m meincmuedpmmlum. 1.2.2. llnsnt sh~{BmlXy wlm my mamer Cmensnl, C}m~lmms snd ps/idl}ns which encumberme mm;m}lxrty onwhk=hlhePmmisessrekx:aled. ~mit~i~n~the~biiga~i~n8t1inanrs~m~a~i~nnin~mrm~MPmmiesin~fm8nd~d~mi~ywithi~mming the ~xmdition, use, oe _,jee_,_,psncy ol Ifs Pmmlsss avfin~ Ihs Ismt 1.2.4. 'llMnllhlllmXulethlPmmiminlnywlhlwIIImMnar~oflnmml~l~ 1~mequMen~fthetenmnm~fthePm~nwhichthePmmmmm~cemd(i~``~6~with~ut~~~y~° hMa~nmmeh~mmm~m1m~ieeping~ym~dng{i~:~m~m~k~r~M~mper~i~n~m~nu~M~um~erm~x~n~f snYmingmmmlghtsmltsnyedors~nmsssslglt 1.2A .'~pnm1tB~.m~fn~c~enything~nthePmmiees~hiwi~iemaedemage~thePmmises.Any~ved~ading~f ~i8ctd=a~¢imu~t~behm~p~k~k~m~i~pam~u~hm~pp~i~nc8~i¶~xMmedm.~pem~dMm. enthe Pmmimtl~wfiS lnBnymannerif~vlxla, oflhlkelhe pmmim 1.2.6. ~nant~ha~n~d~sp~ay~e~merc~8ndia~r~i~w~r~s.~mf~ab~e~gni~devk8~rmherQt~smbem~md 12.7. 'lbrmmmh~Inmm~m=twimm/mml~ma~mlmpm. 1,21. llnBmlmll llmlm'llMle lnd llene6tlherf~l :' -~41~MIl~mm~mMlh LIndlm~lndfutumewners, "merwsms~ndthsirsesms~sm~swes~mm~emem~kensews~su~ssrsmssnds~mhemmw1~m~andi~hssgrsnsc~rmy mMNNIIJII Lancllore shall, m SIt tim auring IN lerm Of l~lS I,~a~e, hm~ IN mow IM mclu~m mntml el ~e C:enm~m Am&s, and may, I~troni and mervic. e-supplierl 0l Tenant, Ir~ Other leninIra 0l Lindlord wN} mlkt eJle O~ Ilk[ mill In Iceof~nce with the f'ules end I~ulationm estlt)lishe~ troy mmndlo~ from time to time with flipoct tlWlto. The ~ ol llnlnt hereumler. In end to the Common Areas, Ihlll. It ill times, be Iubject Io IN flghtl of ImMIOf~I. Other IMfill I~ IN ~ IM III ~ 10 wh0lfi !mMIOrCl hll grlmld Iuch m~Nm. to ume the maine in m~mm~ w~th 1relent. 1ranram ram'rot ram. m, tony atom, linerfern with me righlm ol I. mnclmor~. mhet lmnantm, or any other perIon entitlm:l to ule Ihe ~ AreIra. II ~ lie line ~ ol k Io keep III Commofi A/ell file arH:l clear of any ot~tructionl tillrid of' ;ermlttl4l by Tenlnl of I$1ultin~ ~ k'l. option IM ID Ilef'N lhe ule oi' Iny 13t the Hrking and toldway mccmu areas onb, tm ne'mml Imrking rand ingNmm ~ egmmm Imy me ~ m immmm rand mpplierm Io mn~l Imm the i~iiding occupiecl by 'eenarn Im:l Itm {Xher Immmm ol Ihe Plrk. Promimes. lbnmnt. upon ~ ol I..mnclk;w'cl, mhall erdm'ce ~ rigNm Igelnlt NI ~ unmuthoet,lm~ perImam Ira/mppmprite pmcemdings. N(Xhin9 heroin I~,l[ Iffect ~,1 i~gNf, of Landk:~cl, ii Iny lime, to flffiove lny IMCh w!luthorLtld plrlOnl WOrn Ihe Common Io ramrain me uM o~any o~me Common Neas by Mnauthertze~ Immonm. 1,2.9. Ammmmmmmndlorclmmymaoplfmmtimelo!imefortheof6e~/Indpml~erolmrmtie~ol~.~l~M~t emuse~thermwh~metheCenm~Ammmweh.~nmnt~smwemm~r~mp~iK~permimmi~n~mbk~e~~~u~. ~ucl~mlem mmy lnctucle, lxml mm nm WNled lo, emlollowl~g: (iv) TMNgkdllionglmmov~,llxlgeahddilTxallol'llnlnrsmfuleandolherlvbtah. 1.2.10. 'llnant ehalf nm me, eom, handle ~ dlepoee of 8ny Mzartlo~m wMtes or m oe the Pr~lm o~ any Fan m~ )he Park. The arm "hazmrcloum winrote o~ mubmtmncem:' Im umed in INto mect~m In Nmm w~y Im~mclmmt eranine rand ir~Juclmm. but m mmbemUm. PCBm mncl ot~e~ chemical Imxluclm- 7.1. ~ummmmMmxpeMemwNchllmmmmmmumemmmemmmmpmymLmndmordmrtNmLmmmemhml~~~l rant (whiCh 10gerber wtth Base Rent W eeme!lmeG mfermcl Io heroin 8s the "Rent'}. llmanl mhaH pC/I0 Landlord, wtthout ~lKlu~ion, eeminuingcluring~eTerm. 18HRemlo~llmfie~monlho~alxmionollNmllNl~dulmnwaculionotBi~LesN. lnyNrtillmonthlrtlllblp~lttherlleolll30tholtheBa]eRentNtlMy. Th~r~~m~h Iraruby mqutmcl. NI rent mhm, Ix ~ Io I. mn6tom mt thin m~lmmm Ixe/med m me be~lnmng ol mira I.mmme. 7.2. The lmount o~ Bae lqent (Ind N ooffllpoftding Mofl~ly Ifllllmenll of ~ Rent} plylble hew I~Jl be en~ady (the "Mjumment Date"). mmmenctng m lbMnrm Fm Mjuewm I)me. Mj~etmenm. II any. eh~ be be, d ulxm incmHes (il any) in Ihe Index. The Index in I)ublk::mtion !hme (3) meem bllom the Cr.,,., irc Li4r~ DIre It,.lll be ~ "BIle h~:' /~ljumment Dine, the Base Rent eha]l be incmel~l by · lmrcentl0e IQuN le ~e pemenlap incm~se, ~ Iny, in IN Index In publicltion Ihrll ('3) fi'lOfiths I)lfore ~ Adiu~Nrlt Dltll (th~ **C,4xf~pldlO~ If~lx") OvIf thl BIIli bldlx ("~juItld b R~rlr'). Ill Complrim~n Index in any year is lels than the Comlariso~ Index (o~ Base Index, al the rue rely be) kx the Feceding year, the DIll il clelermined, Lancllofcl shill girl lbfilfil wrltWn ~ of II,Ictt Idjuild BlSe Refit ~ Ihl, Illllvlef in which II Wll GOfllpU~, ~ m iny Acljustmem Del N Indm no linger m In N IDem Ilecrlbed In INe Leeel, ~ me/eut~ttute eny lubltlnti&lly I~luivllent ~tfictlf ~ IlulNihecl ~ the lufllu ~1 Libor ~lltillicl e' III lucclllot. Llndl{Nl:l IhBII ule Iny In no event mhm, mm Bmme P. mm be e~Nme:l m memcm M Im=ma~ ~mmm or Immer lf~ Um pea.,~.gmm 0feny) described ?.& I~lNqxeesenNsAmcle, OIm~ln0blweveeehallmeenelemc~memoloPerelonendmelrMnar~eame~ ?.6.1. lkmnt shalf lay mLandlo~,a m:kgionat mnt, on IM gml dsy ofeec~eNendm month elthe mrrn~~, the m~lmr ~mr j~t mq}i~ (oemred as mnect IP/an authorized ,l~r4mm. lm ~ i,antl~, m ~ requemecl ~ · mNortly ~mmmmmmmmmPmrk.~mmmm6~lmmmcmm~mm)mmm~(I)mmlmmlOmmUngbmmm;(ll)mmmm~m~'m~ P. mmm~mm~m~Opmm ~mm. mm~W~..mM(m~mmmmmmwmmms~'memmmmhmmpmctmmachmmrmd meetlormmlectionT~l.l~llmymemmecllenmnr~PmlMakse(such(MtngExPenses,'~e~!sl}e~ ~oo~t~them~g~in~1henm1~~L~nd1o~:~i~r~h~n8ec:~i~n1'g1~H~w1v~r~f1~n~nt~~~h ~mrm~j~Emq}enmmsexce~1mnmm~:mymemm~hNm~h~me/~m~e6ciemyw~thinim(1~)6mymMter~m~h lllement. lnB~lition,'bnBnrllemRIla~hBmoltheERII0perllingEq:lenlNIm'N~~~M~u~ ellimlMIorthecurmnt~tlndlletcllDlan~lordlN#lulnlll}Nlxovlimmel~lelJonTA1. I~11; mlll'llmlhl hr m, lMIm lflll muee Mid M~m, funi~, equil~srd lmmM! Imerty l~ be eepemtely · .. ( · value of the Premises is increased by the inclusion ol · value placed on llenam's peruanal Ixol~ty. 8rid If ~ lays the tsxes O~ any el these lieins or the taxes ~ oe the increased Ilselsment of these liems, '~nlnt, on (lemlnd, I~ Immediltely reimburse Land~lorthemamolmetaxelevledegamLed~,ormelxoptxtonoltemmmullingfmmteincmm~'s~- Landlord shall hive the dgN to lay m m rigordill of the validity of the Ilvy. i2. irt~l general and Ipecill urnsmerits ("roll peq:mty leas") levied and ~ IONrim the lind, lUldin6. end mtw impmvement.s of which the Pmmies am · pert. 1,3. If any general or special want i levte an~ leaened egalnm IN Promlee wNch urnlet IM Ilmm IMn In force may be evidenced ~ improvement or other bonds and may I:m plid in Innull inlllfimerel, Only the m'mNnl el Ouch annull mllment, wfth appropriate Foratio~ 10~ eny ~ )eer, end InlMem there,m, ohall be inckxllcl Mlhin · o0mputmion el limes ~ MBessments levied egainlt the Premim 14. lilnlnt lhall ply lo Lmm~lny ond ll a, pdvlilgll lnd otherM(Wthln net inoome and elt~s~s)~d or Msesled h In)' lederll, Itlte Of Iocll luthority ("llxinG authority") upon the rant I~ by Lindlord hereunder. Tinant ihlll lisa pay to Landlord any bu$inesl m Impcaed upofi i. andlon:l by any rainG m,Rtedty whether Or not luch wf~e or ln Hn, byernounm ctm,-ged lohnl orm:Wv~.by Lemgom lmmlimm mrlNs LeaM. 1,5, Illellment ("llx plln'*), IIq whole or ifl I)lf"l, I0 II I0 Ilfq:l¢:le I m piln ifl lieu of or ifl icklitiofl ID Itl m 1~sn ifl illltef"l~e ii of the be, I}er~y, ~c.Y, m ~il~r impceltiofi ("lmimeltions") whether or nat in lleu, I~r~ly or lint|y, al tony ImpaNtio~ mm~e~d Iglinlt N ind. I~ik:ling. and alher impm~mems a~ which the Promdes mm· pet prior Io m~y eMrmiom in me m I~n; Oi) eny Imposmons allocate to o~ mmwe by the area ut the Promira m the mm payable hemuMer, Includln0 without limltmk~n eny Im;xaltkms by m~/mine multme~/with mtpect ID ~ mini or Mth roepea ID N ~, II&Nng. epemtion. man&gement. Mermion. rapelf. UM or eccupency by 1ranare at me PromiNe or tony por~n roereef; (Iv) ran,/Impeeltiaee upon this LeMe Imn~ction or any document Io which Tenam is · lany which creates o~ tmn~em any Iraernst or eraate in or Io the Premises; and (v) any epeciad, U lkrmnrsliabilltytoimymmlpmpertytmmshallMpmmmdmttheM.siseea365de/~~m~~ poetonofefkca~yearlnch~lNmmeWmatimeemmenmmentande. I. MAINTINANCE. !milntlln the entire Prlmises in good lerianllble oonditlo~ end repair, .In~_.t~ing without limitSion 811 81MIti0nl In~ tmpmvlmenll mscle by the Termnt es w~ll es 811 Items el mlnteeaeee, IRerB~io~. or mcoellrucllon ~lt my M requlf~l by · 9ovemmemll 19ency hm4ng JuriSdiction themel. ~ Tenant bib t0 Mop h hmil~s in Mid conditioo, Llndlofi:l lhlll ~ !he debt, at Llndlord'l oplk:m, 1o enter the Pflmill's in ~ler 10 plscl Mine In the 114UIf~l m 8rlCl mpeir. lmsm ~ immed~lly NY e i. mm:lim:l N eeet Itweof. meether wtm InWHt m the m~ximum me Nlewed by lw. I~ I.mm:lloM, In emering into this IJsN, ~ w~ivee me mef Clvll ~ bctk:m IN1 en{! 't42 with m~pec~ E} Lmxllor~rs ¢1~11~ lot Ilnlntlbility ~' the Ptlmllel ~ 'belnrl fight I~ ~ ropEira m~l ¢l~luct the mqNmN el much rapElm lmm rant. 13 I.Indlord Ihlll, It 'lbfllffirl ¢~lt. Ilep K if~ifl IR ~ K ~ elllie u!i!lttel, equipment, Including iny helling In{I/or lit a)f~llti¢~lnR ufffil len4ctnR the Pflmlel If~l uled by 'lk'lffi TenanrsPmPaShameeallmjchmeJemewmandmpeh'm 9.4. Lendlord shaft keep in ~ Condition end mpNr the reef rand Ilmctuml ~ ef the mltntenlnce lad re;air il necellltimd by ~ 0t Tenlnrl negligence, Iltefltion o~ Of iddition Io the Pmmllel, Or bqau:h ~ lay arm Or c~"~lition ~f this Lease LandIoN ehEll hew no obligeion Io make any euch mNdm until Landk~l has tooaired written notice from Tenant with respe~ to the Me:l tel ~ flq:mlrl, and Llndlord 111111 not be deemed ID Im in deflult wRh rapoct ID Itl o~ligltion Io rapair unless ~ until I~ndloell Im (i) flc~ived Mid wrltlen nelice Inel (ii) kiMd tD mmke much mpNm within · Iollewine the receipt e, Mid netice. tandiem 1t11,11, itlr Ilctlvlng writtin nolicl, mile due diligence in enlklf~ Iuch rapaim. Tenam hereby waives any Fovisions o~ lew pennlttin~ 'bf~nf to make repaim af L, Indloel'e expelre. ~ ~ enlome any ~nltructiort eerramies for IN benefit m' 'llnanl tD IM ant that ee/em U ~ane~n:~ehan~Tenam~e~m~ma~ma~nthec~Amu~n~nem~deanand~medye~nd~ti~eendmpe~f~pmpe~ Ighted end laNbclpeCf, end shall ~ the lelTk, In LIN:IiORI'O iole Ilil~'~llta~% II · ~ ~ int~llfeN/~(~Nt~en;ill real property f~f1h~n$ecte~.&~i~undemt~dendagtNdth~tthephr~se~e.Penie~ine~nn~kme~~~~ ~h8~n~be~im~d~'~um~f4}eN~m:~in~ff~c~i~Mth~k~c~mm~6Am~xN~ef~i~~i~m~ 'llnsnt', ~ign). ~ I,/meml, I)llnling Incl IlncllcN~nR; lighting Incl mhet Mtiti~; Ilinling ~ III m lufts~s of the Bulk:ling ~enana;~xdiceandf`m~:mectk~m;~NemNdpmporty~em~evied~6~tew~Ntab~e~Nmma~;RNmtyemebyLam~ord ItliCh il cQrlluml¢l kl m Ol~rlion or mliflllnlll~ ol the ~ Atoll; dep:ac%eien and maintenance on qmeljng Mnory e~ets~eviedor~seued~/~ca]~imeor~edera~M~"~A~a~genc~esin~necti~nwiththe~addngkNtje~;iM~ormqu~md Ilcenmemlpemlta;edequatelNttiebmtyendlmmer~emagemonmeComm~Amu;meenm~m~ end mher re}me rosenins; rand s mareramble mllmmnee m LaMIom for Lmntord's Npervimiem ee the maid Omnfne6 Ainu, which 1Q.1. F.xm~x~x~vk~m~ece~n1~1~man~eha~makem~"ng~me~a~fwndpmy~fa~ue~tmand~~ endvenlilmiondudng~neeaNNetNmmallNednemNNmel~bedeGnefrmWnelomebylJndl~~~ ~he uNolmeC~nmonAmu. limamd~peylofmum.mandanyamoumFeid~LandlommhaX~m~m 10.4. lbnant may. at ~wlNme, elect to lmtall bown mmer lor any ullNes wNch am Jolnlfy mmwed~n mice delivemetoLanaloedmlny(30) aaywpGorlomlnleatloe~lmmanywwkWm~~. 11. INDEMNITY AND EXCULPATION; IIIURANC!. 11.1. 'inant does hereby indemnify, k liBble ix, Ind hldl ~ ~ from any lees by invlleee. or It·spatters. l~nant Ihall, It llfmnt'l ~ eelill Ind Cllllm:l Iny Iuch lotion, Iult, m' Wooiodine of close me lame to De misted o~ defended ~ conrim( designated tW lbnmm mud Ipproved by I,.a~llo~:l. lbnlnrs od~jgmion herlure:let shall survive ~ IMmirmtion of mi~ Lease, If lhe frick:lent mqulrine mx:h {lYetree occurred duflne the Lease 11.2. lllnart u · lateral part ot me mKleratio~ rondorod Io I. IncHo~, In Inllflne Inl0 INI LIIll, hereby wives all claims employees, invltees, oranylhtrd pemon lno~NmutmePmmleslmmenyualanyWnt IllIll fixtufll ~ Iquipmlllt Ndofie|r~ Io me Pirk of whk:h me PromiNs memlwws · part; end lot Ihe Join benefit ol I.mndlo~l ~ Tenent in era·unto (t) net Joe than I1,000,1)00 lot injury o~ death Io any o,e peru·n, 0i) na Jess lien 11,000,000 per eccufmnce, Ind 01i) nel ~ Ihln t250,000 Icier __,~,e,__,ffe~e lot dlml0e t) limp·try. ~licl m~ount Ihlll be lubjec. t ~dju~mentevery~hme(3~y~m1~theb~en~xem~ing~k1d~nm1~ymqu~f~d~t~per~tim~e~N~~~ ~e Prom·rues. 11-q 2.11mant mhall pay to Landloe~l, esaddlt~oGel m~LlndlnNmanew~inGeclkmTAk'e~S~m OI Ihe m ~ inluflnce flqulrlCI In lectionl 11,3.1 IrlcI 11,1,8. 1133. llnlnt Ihlfi mltntlln In ~ I tlolicy Or ~ OI Ikl Ind txtl~cled aCNIflge hluflnce rddumo and ·quipmerit Iccme{:l in the Promlee w'~ vBndefiem mud nWjcto~l miechi~ ·n,:JoQemenb to the atwnl or i Joest or~ hurlred percent (100%) Of bjr mumble vile·. Cklring IN Ilrm ol thll LIIle, the I~ ol iny luch INNicy Or Ixlliclel ol fire inlurlnce ~ha~b~U~eC~eyt~r~emp~fmpi~cemen~c~e~xtUm~f~qUipment~nmJf1C~L~nc~k3~Mw~~m 11.3.4. 1161nt I1'1111 I!tirlllin IMblg lie Ilrm II ~ LIII·, ~ In ~ Iotapiny ~ Io L,Ir141ord, · bneftt c~ Lancllorcl mncl llr~nt for pemorm mju~/in amo4mls al r~ ~ rain ~ lot ieffi ~r death Io any one pemon, In amount not lete Ittln 11,000,000 per occufflnce, and lot properly clamlge In In amounl ol n~ IIii The Imountl ot luch Ix~Dlic lilbllily inlumnce Ihlll be hx:relwe~ from Ume I· lime II Lindlord may wlllofilbly clelemlk'm. 11~5. Lindlord Ind llnlnt himby mUlullty M ~ 01her Imm IIibtllly Ind ebl iII d0ht Io mher ~ any I~s from Hrils in~urm:l against mr their mepective tim insurance Ixdi¢ies. Including Iny endomementl to laid policiee. It il I~MCled. hlxevlr, ~ thil lut)plmgrlph I1~11 bl inll:~iclble If II would hive t~ 8fleet, Ix,l only ~theex1entthat~ehavetheeWect~nva~idating~ny~n6urancemra~e~Lams~e~h~~n~W~e~ from their mpectiwl inlurlnce complnils, · we·vet ol Iny d~ht o{ lubmgltion whic~ Mk:J Jrtlurlnce cornpiny my have again· the LIN:llo~l ot the Tenant, ms the clee my be. lnN evmnt thlt the ineumnce~~~~N~b~ion ego·net Liraloci Ird il ireurine· Imml~ny, lenant ~ (1:) mamlin ix~ng ~e lerm of tNi Lease Rm Iig·l liability ·overroe· w+th respect k~ t~ Pmff~m ~ (II) ~ pay Io I, anteecl upon Clenm'KI. I,rtdJord'e met Jncwym:J in MCUdng tim legal lialNlity pmmcting 11.3~L~d~rd~9~y~ti~ir1~the1in~(Ne1~e(~X~ed~nthem~N1etde~crt)edi~E4ctj~r~6.)~ mlchine~ inlumnce ~q III l~llerl. hllting Iquilxnent. lit Ix)ndiTi~dng equil)ment. Ill et~r INIIlum ~ Ind lylteml ~ frilly ~N~cat~n~n~eNxx~the~m~Nm.~mame~a~mLand~K~m~he~neumncepmvided~Land~reunderm~seu~N~ara~ ill eccorcMnce witbib· ·'fill Ilt fOrlh In 8ec:liofi 11.3.2. 11J.7. Althe inlmlrlcl Ni~urtderlNi LaeelMIiJt: (I) kjesuedl~lmumrmea:x'~Mrde~a~hortn41odo~bNMo~CelHomiLw~helb~ar~la]mti~ (li) bimuedmaprtme/iml~, (E) GEm~minmn$ndc"~dmquir~n~Nrty(3~)d~p/~wr~Mnn~jce~mm~M~n~r~n~cc61w~y~)~Lmndj~rd Each~NNicy~r~erti~c~t~-N~y~~wgetherw1U1~ddence~r~e/ment~fpmmium~d1~bedet:m~tec~b~r Immrtyelthece~-,,~mrcmn~mfaolmeleme, eremlomeewmlm, thepolicymlem~then~~~~e~ Wmelmecyo 12.1 .~man~e~a~n~makeanymadcHti~m~r~(~``~~he~mmm~mAny~edd~ti~m~r~nq~vemen~s c~ak·c~my1iMm"~bemade~Jinc~k~crdya~wr1bnam*u~x~sciemned~iraJpiw~endc~rawings~o~w~c~~ ~Nx~v~f~Uehp~f1~.AJ1y~UCh8Mr~M~tj~r1~rii1(d`~'4h~db~h8Hbe~1~w~M~111RywtthNM~~;~1~ euthodtasenaeapineemfa~meextue~machin~endoewtradeequll~entemnNc~mepertolmemety~ Jl~ ID J,ll~. NJk'.MF, ? -~lle.%i ,tiR iliA, ,;U-',% dd47 e30) ,~ 7e'J~6 mijkil/A~, J d._ [ m, {ll wtlf,"'r~ · el'tltll .....L, ,~suk, tl,,,,/t t~ ,&^',{,.e IRe I.qlr&lieeer~lr-- v, k,,Fw ....... bter I d NIt Kidl k lie:k, 1·RAN il lti loll IrVl ,ill~. ILl rm^f. lle I[, I1.; ~v,,dlik,,, d.,ltit,,_%J IllrAt.. belm.· 1~. 1lent may I~ tr,m extum, macNnery e eeue Irmo equ~,'_i~l. TM~%mance with the nlR~T~tlr~wplicame g~vemmem~uth~dtie~1k.w~yre~vew~y~euchtmde~xture~rmacNneryupcetheeq:dret~r~Nmirm~rU~ds~ PmvklKImll, lananlle nm in defauR umlwNIimm ane eondilione ollNe Lee~e. ILl ~n~h~m~3br~n~i~8~d~iidum6~mi=Nn~ry~r~j~rtmd~8Quipm~r~r~n~h~r~umNP1~mj~es~ eeqNmi~e~rterwdrmi~n~fthieLeaxt~theeamec~Mitj~eesm~eted~thedme~feeey~mea~MMeweerar~c~~M enY event, lmenl lMIf mlalt eny dN~multklg fn~h m~O(M ixtim. niM~Of(Xher trede eCl~~. lzl. llnaml~llly. whenM. ilmtxlmllp__~.,2~_Im, tl)yllelluled/betenebylllnh~u Immlllcl by !hil Llle. k 8hill Mep lie Ildding. ~/,(,.,.r.:r,l.i. irll lind WII Ill mr ol M m' ins resulting andieb'wmpenmsmtxxl~l=ll/mollen,lllx~mW_, '-;'-'qanorememlweerklwrbrmedermmedeboreulNNles IwNeheelorllmantorlmomdelndn~wvlerlL llmenl men lee the egN w m N ew,~ :,,,: or ee eedey or my eu~ I~ I. If,..jd' ',ly en eemmnd by I,antoM, lmenl pmmeendm alen mlew lmnd lmuee~a~~Wlmueew~e/imnesinCaltlomlaln mnam~umNumfmoommndone-hmlfmthemmeumWthemm~melen. Thelmndmhmameethe~~~~ '14. DIITRUC'rlON, 14.1. ~dur~n~the~m.m~tePmm~d~e~m~m~ty~P~yd~r~yedby~d~ka~4~dby~he~um~de~crib~d~n bction 11,1, madering the Pmff~NI Iralily or plrtillly IfmmeuJbl of unulible, L~ndlo~d 8hNf rNtom the ~ to 8ublt~nti·Uy h lime coMition in which they m kmtmdtltely bekxe deltmctk~. The ~ of lUCh ~ Mllll liegin within ninety (90) Clays ·rier ~l date of daltruC~0n. ~uchd~ru~i~h8~M~m~m~LJ8~h~i~v~d~Q~)~m~m~xB~i~°d~h~fF~y~m~m~th~ L~u8 Imm~datefy by gh4ng mira to b'm omer P/try. can elect to W~'nirme this I,Jlse by giving ~ Io ~ wetbin k {1~) days after dinermining thin ti~ mitormion mm will ttm inlumn~ proceeds. In b'~ Bali of dmttuctio~ of lhe PromiNI, ff Landlon:l ~ Io I~rmin·te thll LIBra·, Terrain, wflhin fifteen (15) days after r~,eiving Lmd:lloed'8 ~ Io IMmlnll ~ ~ to liY Io I,I~dIQ/d, l! Ifm ~ lbfmnt notifies I,ekdlord of I~ ·iclion, Llt~llorcl IhBII giv~ T~rlarlt Ilblf·c~ IvCdlfx:t Ihl Ill ~ ~ by lbrlfil II pfUvtdld ~ thjl SlCti0fi hive INkin Ixplr~ed by Llndlo~ in paying the ~ of mltomtk~. ~Land~rd~ctst~termjnat~thisLeemend.~men~d~Nnaof~ct~.~.&fte~wardthe~m~~ 14.2. ~dUr~n~iet~rm~the~h~miee~m~M~a~y~r~)~f~i~ydm~m)qKfff~med~k~Q~vefedbythe~descdbe~ln bction 112 rendering the PromiNs to~ty or pKtiny Inacceu~e or unuubl, Lendkxd 8h. JI ms~om the PmmiMs e m/oetent~uy the Mine condition In which mey m Immedimety before Nenaction. The pmceu of euch mmm~ ·hall begin within ninety (90) days efter the date of Nltnacti~. luch Nltructm N'llll m ~ INI H~wever~fthecQmofme~r:~j~nm~vepement(~NQof~thenmpicementvmJueof~hep~di~nofiheNmiesth"t wedmroyed, LanU~'dcmneemWemmeUimLaeebygh4ngn,YZ_-'elolmmeinNmeenDNeymofwmeemmWngmmemm~n met and replcemem velu~ In the me of dastnjctiee Io the IBmroles, ff Lindled ~ Io Wmlnlte ~ll Lelse, hnt, wrihin fifteen (15) days erior'receiving i, lndJord's mice Io litre·BIte, cln ofec118 pey Io LIMIord, I! the time Tlnlnl n~t~m I.l~llofi:l of i~ etlct~, the djfferonct between five percent (S%) of the then replacement vllue of the Pmrnil~ Ind ~e ectull c~ of mltomtio6; In whic~ clle, L.indlo~l Ihlll teltom blentxpendeclbyLIndlon:linplyingtheOgl(ofmllofllion. ~LandJordMoctstotermlnmelNeLeaMindlimamdoMnolebcltopodoenbmelomtk~ot~lowe~ cMl ofmmormion uixovtdecl in ffl~lecEcn, lhtl Lame lhoflm bypvlr~noti~elothemherllrly. M~ ffLnMIomkmmJkldormtofNIomthePmmiM~mlmwidedlnthkAm~14ndlo~dBhlfimbernN~ to rmom ·lmratiorm made by 'brmm. 'Iflm'8 Irr~o~.,jm&. 'lbfmm'l trade fixtures. ~ lbnam'8 pemofll property. 8u~h mctud~d llml Ning ~e ~ relpo~biltty of ~ Io I~ltom. ~ k~erfering with Lendla~l*l rllorltiofi I)roceli, 'brim Ihlll commence Ind 6iligently proNcute U~e mmm~lio~ of roach Ilterlti~ IM k,,~,~rrJN~ ~ Ihlll mplce ,dl trm:le ru~ums, equipment end lemonel prolxrty promptly gixm dalivl~/of lM Pmmlees m'llnlnL 144. If Lanclk~jm mquifed edectm to mmom the Premimem em pmvkjed jn mM Antcje, lbrmm~~~ mlnagement. end Io Ihe exlem I1~ II will nol JrlerMci wrih Ihe mlorltiofi pmc~NI. 14A 1~n~m~h~n~beentjt~d~ny~mp~f~ti~n~rd~m~ge~W1N~i-~nd;~f1:i~mU~tof~nyp~rti~f~a~de~ts~vctj~n of the ParaBles or 10r Iny h'lCl~4rdlfi(I, loll. Of dal1'llge ~ ~ 1118y IllCUt II · ~ of ~ rllto~llk~t M.6 Ifi ~l Mrd ~l~ either Iltlly ~ 10 ifminltl Ihil ~ uMer the Iftlbi|fig Ixovtliofil of thil Artide. lbnl. nt fixture end equipment. - ebeemem~m0uclion ofmnt. Mcee of~c~me~lrom adek nm mmwered~me inmumnce lmx~led Mk~n M.2. mem Ihlfl be in Ibltemem e' m:luctm of M, le:ept iny rage rent, bewlen Ihe ~e of daltrucl~ ~ IN m of ·repletion o(mllomtion, bBsl(I ofithe lml~nllowNch e~Jnllrfem wrih k,e ule ofthe pmmblt 141, .RermN.mtuihe~theped~k)fi~CjvgC~de8ec~k)nM~32(~endNC)QdeSectj~n1933(4)vd~mePe(Xi~enyde8tnJcik3n of the hmJmes. '18. CONDEMNATION. 1&1. 'Condemnetjon' meel (I) the merck· of eny i~lrm~j.-,IN pover, whethe by Jegar pmceedlngs or ehenVee, by · endemn~r~end(b)~w~unmn/mJe~mmtne~erbyLendm~ei~enymndemnQ~dmerureeremmafofmndemneu~n~reme9al poceedingm lot mmndemnmi~ em pentng. 1&2. "Datmofmklng"meanmlMdmmthem-mdmm,-~hmhdINtlMmlmummimofb~l~ingcoe~,,,r. ed. 1hefej~nyt~k~ngby~ndemna~i~nofdi~ra~Vp~ft~th~end~Ni:~in~r~therimp`~P;~J~4k~ofwhichm~p~J'tofthe~femieL fft~jl~nirllltthilLIIIMllM PoftionolhPmmiBisilNedlfldlafiloJtlboJoflbnlnrloontlnueduleofthepmmilos. nmmmemeWm~nm~Nm~muemlmmdemlomlNmumlolNmSec~l~eh~ngnoUcee~ ~h~erminN~nthed~t~oft~king~Nd~eofikin9i~b~n~dmeb~d~mthed~teof~em~n~ien~de~ign~tm:ibyTen~N~hm doemnomtenninmetNmLeueweNntetNny00)deypedod INel,eueeha!lmminuelnlulllmendoffec~,mmeptthmkmRent of~NIImmcluc~!lx,nu~nllolec~Imnlil. ' h~we~1het~M~per~em(5~Nq~rmmof~Nper~dngem~eken~Wcmedemnek~NtherPe~yeheJ~MveNofec~k~erminate 'jferiN~Pm'lYmlomlNILeeee ImuellerminelelNmuenllolNm~ectlonllyglegm:RielolNm~erpemyw~in ~rty(3~daysofterthen~um~Mmof~M~irighav~me~naJ~yde~mtMed~TheP~rtyt~emi~ingtN~Le~N8~N.m~m~ ~merPmrb/ofmedmeofmemdnej~n~wNchdeee~i~nebeeeirmen~Nf1yCJ~)deym~tm~mrth8nNney(9~)dayuoft~rthe ~erminat~ngPerty~i~nm~fiedie~ier~w~nyof~e~ectin~ermin~PRNk~ed~h~t~N~L~NN~em~~e ~kjng~fthedet~ofikingi~m~n~dete~)ek)m~tedieoftemikmej~ndee~n~tedini~ien~k)ejmm~enNnetjngPe1y~ii 141e kmlm'minmdMl~ItelmyCI0)dlylmtd, lleillmljm~lnldllomelmlllki. lenY Ponfon m'ee PmfNNe ll eken lW o~[,; ~nlM li L~Ni mmlkm Mlul llml md dlm. on th~dm oflaki~g 1heBemeRenmmhaj~bemdmx:edbyanemeunt~mm~minthemmeme~t~Remmthem~ueofthemofNimm~nofthePmmmmmes linkran Iraarm I= the eel velue of ee IN·iN k,.~J d'kl mty bdom the el· of 1&9. If, wttNntNny(30)dm~eewthedeleNmenmmendmofthelkingemlnely:k|..,~mV. md,)notmes 17.1`1 TenlntcluNnOorplm~,wl~p~ofwfiBlnoo~mofl.mn~,lnylclwhlntNILImmqu~o~,s prior wrifm cunMnt or pmhiblm math 17.1.4. Fillurn IO pef~ any Ither pmvtlk:m el INi LIra. If IN fillurn Io ~ il nil cum:l within IO ely· liter notice has been 0~ven ~o Ten·re. If me elfault rannoe re·raINy be ~ within l0 ely~, Im mhitl na be In ellault el M Lease ~ Tenant ommencel Io cure the elflult within N l0 ely period Ind Iliagently Incl in ~ Illth rotnull Io lure the Muir. Noficll laban under Ihil ~letion IMII Ipec~y the ~ It·fault IM IM II~iClMI Lea IlmW~, In{I Ihall elmaM that Te~ntber~orm~he~:~vi~i~ofthi$~.~eorbeymee~n~m~inmme~ecm~Mybe~wlthinNmpp~ic~NN~beri~doftime' orquttthePremise~. N~uchn~ce~h~qbe~iemed~or~Ntumor~tm1~k~ti~nelthi~L~e~n~e~sL~M~rd~4ect~InNn~tice~ 17,2. Land|oed eh&lJ have the following am·die II lbnent emmni~ · elfault. Thee· ream:lies m m NI incluehe; they cumulltive In edclition Io Iny remm:lie~ nee or liter IllOwed by 1~2~1.L~M~Mcaneentinue~N~Le~eInfu~=e~ndelfect~n~h~h~v~her~N~e~ec~mmwhen~ue~hb~e wlt|~nt~nue~ne~ect~ng~L~d~ne~nki~e1~n~nr~right~D~DMr~thepe~m~u~nd~ ran emer Ihe Premilel ind retet them, Of ~ny pert el mm, m ~in:l I~ Ior Tenent's e__ _ee~_m. Tenam IMII be ltlMe Imn~ediltely 1~ Lencllore Ior eJl m Lendlo~l incum in mlelting N Premiees, including, without lim/tltion, ~' mmlon$, IIm4:~ling IM Promjill IIquime by b mkeing, Ind ill m Rl~ng mpe for I pertoe mr Of iongtf thin IM remaining ~rmelthi~Ja·&1mnant~M~pe/~L~n~1~ed~Mmn~dueund~rtN~L~4~e0n~MdItesthemm~M~m~Nm~Lm~mceives fr~n any alerting. INk} act by Lendled ell·wed by thle lulN~mgrN:~ all lermlnite this Lees· unlesa landlord nolffie~ Llndlorcl eiec~ Io lerminate It~ Lease. Atler llnanl's elfsuit, ~ Ior u long u Lem:llom ~ nel ~'m|nm 'kanl'8 ~ Io I:mmion nelee 1?,2.2. Lenalore ran Iorminee lenanrs eght m pememkm el b Premtees m any lime. INk} ea by Landionl eeer man Io Tenant shaft lermiante thie Lease. Act~ el maintea, eifels le relet me Prembe, Of me appointment el · receiver On Llndlord'8 Ini~iativl Io me1 Lendlofd'l intlrllt mldlr !~ Lelll IMll nolm · temljnl~on el Ten·are dgN Io Iliaman. IN·Lee·e; (i) Thewed~h~ItNtin~eelN8w~prd~elNun~=i~dr~n~If~Ithm:~)eeneimed~N~kneel~m.nw`m2i~nof $0 Theworth. mmetimeelthemmrd, elNmmmambywNchlMunl~klrefillofthebelaneeellMimmtefier ~`Thew~rth~IttheumeelNewed:~ueedin~)end(H)eltNsmuberagmphiet~pe~mputedbyN~winginereItm the rite IN 10q4~ per annum. "TM w~lh, It h time of IM Iwlfi:l:' II referrid Io in 0ti) ~ th~ lul~rlgrlph il Io be I:~uted by dis~euming the amount It the di~ceunl rite of h F, ederll ReeeNe Bank of·an Frsnck(x}it htime ~h ewlr6, plut l~Ve. 17,2`1~Termntiindof~uIfof~hi8L·~H~Lm~diordel.iilthivethed~N~h~vw~m~pp~ini~:~ec~ren(~ C~qduct Tenant's businau. Neither N !Illrig el · pelak)n Ior N Ii:Nx)inlment el · m~llvlr nof Ihe N:)Pointment Illeft Ihlll e~nititute 17,2.4. Landlord, It Iny lime Mler llnlnl eBmmlt · deflult0 ran m the dlflult It '~lnlnrl m. If It Ire/time, by OI Tenafirl dlflult, Lencllofi:l pl),l any m el ~ Iny Ict thit flqutrll IM beymlfil ol iny m, IM lure ·lid by Lem:llorcl Ihlll due immediately from Tenant Io landlord It the time the lure il bead. and if '~nam I:1)1 lueh 8urn It · liter date, it Ihlll belt interlit II the rme el lOe/b per annum from the dlte thl lure i i by Llnl:liord ~ ~ il reh~bumed by lqlnlnL The lure, II~har wtth accrued inter·m, shell be ~ ant. 17,1 Rent nol peid when aue mhd llem, mtIt tNe me el 1041/e perm WomlMalmedue unlillmL 1?A. ~meeventany~MP/men~e~me~fequ~mdheme~yem~1ne~bepek~w~minf~v~{~)de/~terNMmaem~beMend bYthllormlellnyencumbmrtelMNNelecu#lclbylfiyltv,,&a, NNInce' ' ~1 rpl ybelenpole(Im~LerN:l~ ~N~ege I~ ~ ~ ehNi, ea elm·n· el Lanelea, inw,..~:l:-~ely m Ihe default by I;fpem.e.',t el ant li0NS. le~t 10u~lpllkO. e. i~.PhS Of i b'~ ~4~' ' a retail·l, luch U I~ing LANDLORD'I INTRY ON PRBIISEL 11.1. LandloN end im euewtad, F .:mm-ditLlm elllf hevethe~;Q.%;meeWlN pmedeee el al meeeteab ilme fof any of I~i,l.,m; 11.1~1.1bd"*eminewN~ew~mPmmimmin~die~-~w-~dm1knm~eem~dyk1~ud~b~mc~`;~;kPk~i~mundr W.1,2.1bmakeellm'mk~lddmommdlodoe~,/m~Nra~/m, inle.m~mndmealm. mdlomake 1hePmmi~ee~orthe~Nk~ingend~ew~4`.`-~t~e~IneNchme~emmbesam~med~thItLed~m:~hm~NdgNwe:d~1yIti~n~m~. IdO. NNNr. le le.l,l.'l~asr~m, lmm, or Mep lmmed~ny nmioas mqutmc!ix ellow~undor lhe lxov~oem of~. of mehe lerm, or during any perloci w~lle Tenant M In default. 1g~1j.~h~wthe~mmlee~to~x~/peoth~x1:Mm~gen~L~xqmf~1mOr~Nn~n~nlem~edin~n~ch~nge~ 8t any t~m during the Iratin; ere·mS and about the Premises, I~t nee Ioee tO I:~mvent entry IO mehe Promises. and Io de any mr act of thing necessary tot the eafet~ or preservation Of mehe Premises If ·ahem a any ascavmion on any ecljecent properly Or noar'ey ·met. With Lincllord's consent, Lincllord's right unOer this mjbparafraph edende to mehe owner of the adjacent peeOerty on wt~ch ~ Or oonetruction is to take place lnd the idjmcem Ix~xrly mr's ~ ,. ,. Lindlord Ihlll not be liable in Iny ~ tot Iny Inc~'~4, :17',:,4, dlelufilnce, Ioll of billnelL nulelnce. IX other damage Irisin~ ~utofL~nc~r~enTry~n~f8Pmmi8~spmvk~edin~his~u~em~mph~xd~m~em~4'~ng~me~IX~~ Or its authixtzed mprasenTattv~s. TermnT fill be entitled to an abatement Or reduction of ram. I LindloM 8eralees any dghls meerved in ~ mubpamOmph, to the extent that landlord',, entry and ctivttm inmrfem w~h Tenant'e Ixelneas On me Premises. Provided, however, ff Lincllord'l anTry and activities On ~e Promimes fault from Tenanrl Illfault. Tenanl ~all noI be entitled to any ad=alement IX mduotlon of rant. Lindi~edeha~maga~g~Mtm~n~Mpmmima.mMtM~c/in~m.~eragr~.in~mennOrMv4zemme~Mlea~ OFFlET ITATEMENT, ATTORNMENT, IUIORDINATION. 20.1. Within~en(1~cleys8ftermquesttheMIx~:t/L~ndk~IXintheevent~M1u~xm8r~ym~mignmmIXhy1:m~ec*ti~ of mehe Promises by Lindion:l, an offset malemenT ·hall be mclulmcl from Tenant, ~ 8gmes Io deliver · certificate, in reco~ble lotre, to any proposed lender Or purChMar, Or to Lindlord, certjfytng thlt Ibis Lille il in full ~ end effect encl il unmoclified or, if modified, rating the nature of luch nledlfmafion, encl IM them Ire no Mnsee Or M It··to, Or filing tholl clljmed by TenanT. Tenant'l fmi|url to deli,,Ir mjch Itltemen~ within luch lime itmll be Ixx~tulivl u;x)n Ihe Tenant M thil laue II In full force Ind effect, except u and to the Ixlent any modification has been mprlsenTed by Lindlord, end IM Ihel ml no uncumd defRurm tn Landlo~'s ixrloemanceanclU~atnotnmmlfu, nonemon~'smmlmsbeenlNddinm. 20.2. Te~m~h~in~MM~enypmceed~ngsm~x~ught~Or~he~Oreci~eumof~IXin1heMntofmrciseof~hep~w~of 8a~eunderenycleec~oftrummadeby~"end~IxdeeveringthePmmlees~8~Ixnto~e~x#=huerM~mneny8uch~mcieeu~Ormend recognize euch purchuer as landlc~l uriClet b Lame. 20,3. Up~nthemque~ofLmnd~K~1~nm1twg~eu~m6~ira~e~dgh~shemundOrto~heienof~ny(~eed~oftnatOrNk~ peaCH upon mehe Premiles, and to II1 mflcel M Or heftlftor Io be m glx)n It· ~ iflerlof. This leotion IMJI be celf- ogermwe ff ne furmar instrument of sulx~lination b required by any mc 20.4. Tenant~up~nmqueotof~nyP~rtyin~mem~t~1~1mpmm~xb/~ucf~mOr{wt~cate~toc~rry~utthein~ent of Sectlens 20.2 and 203 ·bore as Shall be requemecl by Lindlo~. hnt hereby kmvo:ably 8,epolrfe landlord as my-in-fact for 'Fenam wtth full power end luthorlly to meculs and delivlr in Iht nome of Terant any roach ·merits Or cerlif~.ltes. H fifteen d~ys after the dam of · wTitten mquem by Landlord to execute wuch mineins, Tenant ~hall mX Mve execute~ ttm same, Lindlix~ may. m ,s optiOn. cancel this Liase without incurring any llelltty on accoum W; and mehe lerm hereby granted is ex;xlssly Ic4x~lingly. fl. NOTICE. Plfiy IX any Other pePson shall be in writing In~ el~lr cen~e(:f perlonlfly Or lent by peepaid. h..cl~l mill. regimered Or oertitied, return receipt ·quested. Any notice, demlnd, mquet, ~onlent Ii~rovll or cemmuniCltion Ihlt litMr Psrly desires Or il required give to mehe other Pretty Ihlll be acidre·eel to mehe othor Perty'll mehe adclmu designated .t mehe beginning of this Liest Either Party my change im lclclress by nmifying mehe ottmr P·rty of me chlnge of 8ck:lmu. Notice eftIll be deemed emmunicated wtthin 48 hours Worn the ttme of mljling H majled 18 ~mfk:Mcl in h~l Notion. 12. WAMR. 22.1. A6e~ayOr~misai~ninN8emleeof8ny~gh~mmedyofLand~On8nyde~m~tby1bnameki~ne~therimpairsuch fightmmmeclynorbeconelruedasawelvm. 22.2. Themceiptar~mbyLand~mof~iim~ummn~ehe~notmn~tu~w~verof8nyotherclefau~t;~ehe]1c~ne~j~u~e only e wsiver of Urnely bey·e· lot Ihe Hnicular mm Ixymenl tramhad. No laeymorn by Tenam, Or receipt by Lindlorcl, of · leeset am~nT man tt~ rant ~m heroin mllmlet~ ehafi be deerood to be amer man on aretaunt of me rant. nor shaft any endomernant OrmammenteeanycheckOranyle"~raccOrnpm~mganyc~eckOr~mymemasmmby~eemedana~c~andutisfacti~n.(unless LincllorCl expressly Igmes to an eccixcl ancl mtisfution in a caparm· wrmng dvly executed by lanclkxd). Lanclk~ my ~___~_pt any meckm~xymmwiemutpequc~icem~"emixd~"gNmmmemeMermofeumrmOr~Msueenyeewmmedy~mxk~ec~inmisa~ 22.4. LindiOrd~cencemmOre`qmxedofenyemby1~mammqu~dngLamkm~cenOemOre~qx~x~ehenmxbec~eemesm wBhe Or ramlet unnecessary LindlenS'· caneera to Or eppm~ of any meeequent ee~ by Tenam. 22,& A~yw1iv~rby['.8~d~f1:~of~yMu~1~Mbei~11~1~b'1g~M~M~xbe~w~h1fof~y~MM~J~'~er~1i~gme~8~1e erlnyotherl~ixmoftheLim 13. IAL! OR TRANSFER OF 1men~m~wee~c~imeegeineLinc~me~demegem1men~me~ing~mmLin~remwtonOrd~pcex~ofenyeuchm ~Ten~m~i~s~u~nc~er~h~Pmm~e~L~nC~fd~mq~t~r~d~y~rwmdn~i~L~e~~ ~ls Article. ~nam shall Imkl I~ncllm hmnnle~ Imm NI ~imaOel mlultinQ therefrom, Inctmlne, with Indalm, ~ made i~/a succeeding linen msgftin~ from llmam's ilium Io mr ~ ~ 25.2. ~hnt~w~thLand~ed~nem~mmam~np~e~e~mmi~er~pk1~e~rwm~n~e~heLm~e~r the clare in Iny notice given by Llncllo~ Io llMrd tlrmlnlling thil l, llle, luch pmleMi~ Ily lllnlm IMII Ic)e deern~l W be · month-to, momh tenancy terminm}le ore 30 dlys' mice given It iny time by either Plrty. During luch mOalh40-~N~ Wnancy, 11nlnt IMII pay ~r~ntr~r~d~ythi~L~e~pefcent~N~q~byB~e~e~M~~~m~y~h month. All provisions of INs Le~e lemept them mining to term IMII Ipply t0 IN month-e-~mr~ Wnlncy. ~ The velumwry or mr lurme'~r by llnlnt Or · mutull clncelll~m el INI Lllle eMIl nol work · merger, Im:l IMII, et me election of landlord, lither terminate e/! or any existing eubeaeel or lubtenancies of maX operate IS on MNgnment to it el any or ell of m.~h I~e~le~ or lul:Ner~lr~-ie~ ~ Ih/ll a II ~ w~hi~ It~ (30) mol N Mm to requiring. AIANDONMENT, 26.1. lenentlhallnolvlcatem'ebendoetM~-elnytlmdurlngtheWrmoltl~,ne'l~mR~Pm~s to mmlin unoccupiecl lot · perkxl ol k:x'~r IMn lln (10) ~elecutive dlys during the lerm ol thil L,elle. If lenlnt iMII IMMon the ~remes~enypem~n~]peq:w1ybe~ngir~-1~r~-end~ee~ePmme~beeea~tw~er~~~~1~ M nm In beesch under the covenanm rome in thie Lea~e, Landlord eovenanm IMI lenanl IMII hlvl pelceful IN:I quiet enjoyment of !J~ Pmmilll ~ilhou~ Nndemr~e on lhe Hrt ol L,IMIord, IM I,IndloRI will clefem:l ~ In U~e plIGMUI Ind quilt Im~rlt Pmm~ m~ir~ cllirn~ ol lit plmon~ clMrn~ I~ugh o~ unclt I~ Liralord. ~1. PO~CE MAJEURE. Irl Or IXher clI. ulfty, In(I Other clulel ~ the relloMble ~ ol N Perly obliglted I~ perform, IMII IICule the perk)rmlnce by sucfi Party to~ · period equal te that multing from luch rantion, delay or mppa~e, emept IN~ _eed_~_m.~One el bMnt W make IN)meN for renlal sncl mr chlr~ll puflulm W N lerml Ell ~ II, RELATIONSHIP OF leARTill, 1.1. Th~r~ti~n~hip~p~rt~h~mt~h~L~ni~m~1~ftqL~nd~i~xpm~XU~1c~r~d~ndN~~ ~sn~Mm~yw~r~t~n~pur~s~e~i~nneG~Ten~f~t~j~in~v~r~umrw~1~Ntr~in~~s~~ M4. TNsLssseshsllbel~xlin~ons~linumlDINIssnefilofl~lemlMssrsl~eirsacesse~m~ueb~ lhsll be relessed from further lisbiHtiss IN:I 01:Higsti~S Oe ~e dsle I1~ Llsse Is~mlnslls. I, Indlofi:l lhsll relum Io lbrm~t sny unelrned rent, as Ion~ as Tenant is nm in Oefeull en the elme the Leue.WrminaleL 3(Z7. Nlexhibit~mferredlolmlltlch~llo!Nil,lllelMineeINN, l~l:~/mferen~hlmln. eweto which eccur mal:mequent Io b~e lelcution olM Leewe. ~0.11. olhem whenever me rantrot m} mquNm. I~M, Theheadin~sottmeelolNAmcleeftNeLemendlNLempmvimi~kmww. yemlemmvenlenmoedy~ I101MI Irly wly tefiM, lilTlit Of oofiltrue lh~ ~ Ilf luIg~ ~ M15. net in mulstitution lot mher Myrarim Io be enm:le IW limenL $0.16. · EXECUTEOlsofthecllyandyeetllfmlboveMlen,- Coumy, CllifomM. LANDLORD IIII~SOR PARTNERS - NIClt) IlBUSTIIAL TENANT THE CITY IF TEIICULA By: IX:. RlttJ~w pol Ilct - ilMrll FIFT~Ir glVll MIXOn 4ellmime /- Landlord's Initials Tenlnt'$ Initials -; * ,- EXI'{, 'T "D" RULES AND REGULATIC"S 14. Mllmmollnvmmlm. mcmb.~kmLpdmlcmmaomml. mvloKI mmrlONmpmm,mmmmmmmmm~mhWdmOclu~fiOm~onUmwmmalmuc~m kmmmgvm~.~,.~mmhefwm. tormm mom mm mmmm lmmmcmmmmm Oumm~nO inmmlmlOwmm~Lmdlom, lmlmmlcmm:l mu~mmmmolkl~oe~vOt memomlWl Wm,/mmmmdom/mml~Wmmmolmyolllmmmmndmdllmklld~· 10. WiUmutemwdo~oarmmmalLmrdm~.~mhmlmumemnmKmal~mOuklk~O inmm~nmcumwlU~ormpmmobngormdvmnjmmgmbuminmmolTmmrmmmm:mlmmm~mnmrm'mmddmm- ~o. Mmmmmm mmlmmn~m doomI~!Im lmmmlm m~mi lm lmm~wemmm Pmwmmm 12. Imnm~ml~mllnalummmWmhmmmfm. lmWlvklvmim-cmmdlucm~m~gunlm~or mlmmMmo~tlmmmlmmvWolLmdmm. mallm tw~cmmqmmlm0ol mm mm Bmde lo llml onBlnmllY lnmmmlled b~lira Lmmlord. B4. llmnmmmhmll nmemqmloYmnY Pmmmarlmmmmlorlhm m°lckmm'dn0°rm emmm~w~gmmwem~lxwwmmmmommmoammWLmmmmm. Lmndmomm~mnhemnoimbamY Io~mnmmlmmnylommallx~lmrlytmmmPmff~mmm, hamm~r~,orlm m~Ydm~m0edom mtmmmmmm'brmmm, ylmmm. mm:~xm~.txxnmVrmmm. lmrmo~m0emm~orm mmLmnclmor61mrmmm~m, nmcmme wmememmrYlmb~rlmYmemmolTmnmm'mr---mlmm"~mm~ mmnd I llmmmmmmllmmlkmwmq4Nn0tolmPlmmmdonllmoulldmmlmmlFmalmm PmmlmeorWllml]~mmoulalmlmmol0mBuklin0. Nomnlmmlorlmlmmlmmlllmlmmuge~ Immomm ommm, Mmm. mmdo~mmmm or mYaUm lws al~m B4mcin0bYlmmm~llm m~mmmm. mmlmw~mmmamlmmm.~mfimmm~mmnmlmdmmmPmmmmlmlmkmmdmnYmmmvmm~m !?. 1WMmmMIl~hmL.mml~lmmmlm~ofmm~mmmmmlnIMmm~ lllm Ommmlm mlmmc lOmm mmllmmm lmmm~mlmlmmmm, mmWolm mmmm mmlvllmmm' Exllliel Ivtldlnl Existing Buildtee lxMtkle l~ldin9 i i 1 N F Z u_ · 0 J 0._(.) JOin Z -- I- EXHIBIT F THIS ADDENDUM, DATED NOVEMBER 13, 1990, IS ATTACHED TO AND MADE A PART OF THAT CERTAIN NET INDUSTRIAL LEASE BY AND BETWEEN WINDSOR PARTNERS-RANCHO INDUSTRIAL, AS LANDLORD, AND THE CITY OF TEMECULA, AS TENANT, DATED NOVEMBER 13, 1990. Section 2.5 ADDENDA: a. TENANT IMPROVEMENTS: (i) Space Planning. Landlord shall provide Tenant with a professional space planner for the purpose of designing additional tenant improvements for both buildings C and D. Tenant shall have thirty (30) days from its execution of this Lease to consult with said space planner and cause planner to prepare a full-dimensioned floor plan and a reflected ceiling plan of the Premises. Tenant also shall select paint color(s) and carpet type(s) and color(s) from Landlord's standard types and colors, and shall provide Landlord with any additional information Landlord requires in order to prepare working drawings and specifications. Tenant shall recognize that time is of the essence with respect to the obligations to be performed under this section. (ii) Relationship Between Contractor and Tenant. It is understood that in order to contain the costs of the tenant improvements, as described below, the Landlord shall engage Windsor Construction Company (hereinafter referred to as the "Contractor"), to construct the tenant improvements and that a relationship exists between the parties to the extent that the principals of the Landlord and the principals of the Contractor are one and the same. (iii) Cost of Tenant ImDrovements. tenant improvements shall be paid as follows: The cost of the First, the base cost of tenant improvements shall consist of the following: architectural and engineering fees, general labor expenses, subcontractors' costs, permits, and incidentals, (collectively referred to as the "Base Cost of Tenant Improvements"). Second, Tenant shall pay Contractor's overhead, which amount shall equal ten percent (10%) of the Base Cost of Tenant Improvements defined above ("Contractors Overhead"). Third, the Contractor, in addition- to performing its normal duties, shall supervise construction of the tenant improvements and shall charge the Landlord the actual cost to contractor of said supervision, which amount shall not exceed Fifteen Thousand Dollars ($15,000.00) (the "Cost of Supervision"). Fourth, the Contractor shall charge Tenant for all "fees" payable by Contractor in connection with AVCH0815\7 6966.002\110290 --2 -- the construction of the tenant improvements. The term, "Fees," shall mean any fees required to be paid in connection with obtaining a building permit, including but not limited to, inspection fees, mitigation fees, traffic impact fees, public facility fees, utility fees, school fees, street light maintenance fees, and flood control mitigation fees. In accordance with the foregoing, the total cost of tenant improvements shall include all of the following: (1) Base Cost of Tenant Improvements, plus (2) Contractor's Overhead, plus (3) Cost of Supervision, plus (4) Any and all Fees (collectively, the "Total Cost of Tenant Improvements"). (iv) The Tenant Improvement Budget. Upon Landlord's receipt of all the information required to prepare working drawings and specifications, Landlord shall assess the cost and provide Tenant, within ten (10) business days, an estimate for the Total Cost of Tenant Improvements (this estimate shall be referred to herein as the "Tenant Improvement Budget"). Tenant shall, within seven (7) business days of Tenant's receipt thereof, review and approve in writing the Tenant Improvement Budget. Upon Tenant's AVCH0815\7 6966.002\110290 --3 -- written approval of the Tenant Improvement Budget, Landlord shall submit architectural and engineering plans to the local building department for approval and issuance of a building permit. Upon the receipt of a building permit, Landlord shall authorize Contractor to commence construction with an estimated completion date of forty-four (44) business days from Landlord's receipt of the building permit, provided, however, that Landlord shall not be responsible for any delays in meeting the foregoing estimated completion date caused by change orders requested by Tenant as described in Section (a)(vii) below. Tenant shall also approve in writing the plans and specifications submitted and approved by the City of Temecula which were used by Landlord to prepare the Tenant Improvement Budget (the "Approved Plans and Specifications"). In the event that Tenant, through no fault of Landlord, cannot meet the foregoing time estimates, Landlord shall not be penalized for like delays in carrying out Landlord's duties. (v) Financing of Total Cost of Tenant Improvements. Tenant shall pay the Total Cost of Tenant Improvements as follows: (1) In the event the amount of the Total Cost of Tenant Improvements does not exceed Four Hundred Five Thousand Dollars ($405,000.00) (the amount of the preliminary Tenant Improvement Budget heretofore approved by Tenant), the amount of Four Hundred Five AVCH0815\7 6966.002\110290 '4 ' Thousand Dollars ($405,000.00) shall be amortized over a period of three (3) years, together with interest on the principal balance from time to time remaining unpaid at the rate of twelve percent (12%) per annum. Principal and interest shall be payable as additional rent in equal monthly installments, commencing on the date of the first payment of base rent, and continuing on the rent payment date each month thereafter until paid. The entire sum of principal and accrued but unpaid interest, shall be all due and payable three (3) years from the date of the first payment of base rent. (2) Should Tenant's Total Cost of Improvements exceed Four Hundred Five Thousand Dollars ($405,000.00), the amount in excess of Four Hundred Five Thousand Dollars ($405,000.00) shall be paid as a one time additional rent payment by Tenant to Landlord upon completion of the improvements. (vi) Change Orders. Change orders made by Tenant to the Approved Plans and Specifications after Tenant's approval of the Tenant Improvement Budget, shall be furnished in writing to Landlord. Landlord shall have five (5) business days to calculate any additional costs or cost savings, and submit them to Tenant. AVCH0815\7 6966.002\110290 --5-- Tenant shall have two (2) business days to review and approve said additional costs, or cost savings. Any additional cost shall be borne by Tenant, and any savings shall be credited to Tenant. (vii) Landlord's Independent Financing. Tenant understands and agrees that Landlord's performance under this Section is conditioned upon Landlord obtaining independent financing for the improvements contemplated herein. It is understood that the availability of such financing is dependent upon the conditions of the market, and that it is possible that such financing will not be immediately available at the time specified herein for commencement of construction of the tenant improvements. Landlord shall make a good faith effort to obtain this financing in a timely manner. However, if after a good faith effort to obtain the financing, Landlord is delayed in providing the specified tenant improvements due to a delay in obtaining the financing, or due to lack of availability of the financing, Landlord shall not be considered in breach of this Lease. If, due to a delay in obtaining financing, tenant improvements are not completed on or before the Commencement Date, as defined in Section 3.4, the Commencement Date of this Lease shall be extended, if necessary, to the date of completion of the tenant improvements. Notwithstanding the foregoing, in the event that financing is not obtained within forty-four (44) business days of the date specified for commencement of the tenant improvements, then this Lease shall AVCH0815\7 6966.002\110290 --6-- be canceled and considered void, and all monies paid either as deposits, rent, or any expenditures made in connection with the Total Cost of Tenant Improvements, shall be returned to Tenant, and neither party shall have any further liability or obligation hereunder. Notwithstanding the foregoing, upon the approval by Tenant of the Tenant Improvement Budget, Landlord shall immediately commence to obtain a building permit and begin construction upon receipt of same. b. EXTENSION OF EXISTING LEASES: Upon Tenant's execution of this Lease, Landlord agrees to extend the existing lease relating to Building A, Suites 200 -and 201 and Building D, until BuildingsoC and D are "Ready for Occupancy," as that term is defined in this Lease. Further, Landlord shall provide Tenant with a reasonable amount' of time to vacate Building A after Building C is Ready for Occupancy, provided that such time to vacate the Premises does not exceed seven (7) business days. AVCH0815\7 6966.002\110290 --7 -- c. OPTION TO EXTEND: Provided that Tenant is not in default in the performance of this Lease, Tenant shall have the option to renew the Lease for two (2) additional terms of one (1) year each commencing at the Expiration of the initial lease term as provided in Section 3.8. The option term(s) shall be on the same terms covenants, conditions, provisions and agreements as contained in this Lease and any amendments thereto. The monthly rent for each option term(s) shall be calculated and adjusted in accordance with the annual cost of living increase provision set forth in Section 3.6. The option shall be exercised by written notice given to Landlord no earlier than six (6) months and no later than four (4) months prior to the Expiration of the initial lease term. If notice is not given in the manner provided herein within the time specified, the option shall expire. d. JANITORIAL SERVICES: Notwithstanding any provisions set forth in Section 9.5, Tenant shall have the option to contract for its own industrial janitorial services with respect to the Leased Premises. The Tenant shall give Landlord thirty (30) days written notice of its intent to contract same. AVCH0815\7 6966.002\110290 --8 -- section 3.1 BASE RENT: Building C Building D TOTAL 20,223 s.f. 6,805 s.f. 27,028 s.f. $ 97,070.40 $ 44,913.00 $141,983.40 NNN/year NNN/year NNN/year For purposes of this section, the term, "NNN" is used as an abbreviation for Operating Expenses associated with the Premises as defined in Section 7.5. Section 3.4 COMMENCEMENT DATE: (a) Commencement Date. The commencement date of the Lease for Buildings C and D shall be the earlier to occur of: (i) the first day of the month following the date on which Building C is "Ready for Occupancy" (as defined below), or (ii) the first day of the month following the date on which Tenant or anyone claiming under or through Tenant, first occupies Building C, or any part thereof, for any purpose, including construction, with Landlord's consent (collectively referred to as the "Commencement Date"). The first month's rent shall include the Monthly Base Rent plus an amount equal to the number of days from the actual date of the earlier to occur of subsection (i) or (ii) above, through and including the Commencement Date. This amount shall be prorated at AVCH0815\7 6966.002\110290 -9- the rate of 1/30th of the Monthly Base Rent per day. Thereafter, rent shall be payable in accordance with the terms of the Lease. By way of illustration only, if the date on which Building C is Ready for Occupancy occurs on November 18, or the date on which Tenant or anyone claiming through Tenant first occupies Building C occurs on November 18, then the Commencement Date shall be December 1, and notwithstanding any other additional rent, the first month's rent shall include the Base Rent plus rent calculated on a prorata basis for 13 days (November 18 through November 30). (b) Certificate of Acceptance. After the Commencement Date, upon Landlord's request, Tenant shall promptly execute a "Certificate of Acceptance" in the form of Exhibit "E" hereto which specifies, among other things, the calendar dates of the Commencement Date and the Expiration Date. The failure by Tenant to execute the Certificate of Acceptance when requested by'Landlord shall not affect the occurrence of the Commencement Date or the Expiration Date. (c) Ready for Occupancy. The Leased Premises shall be "Ready for Occupancy" when (i) Landlord has substantially completed the work it is obligated to perform, and the same shall be deemed substantially completed notwithstanding the fact that minor details of construction, mechanical adjustment or decoration, which do not materially interfere with Tenant's occupancy or use of the Leased AVCH0815\7 6966.002\110290 -- 10-- Premises ("Punch-List Items"), remain to be performed; (ii) Landlord has obtained a Certificate of Occupancy or Temporary Certificate of Occupancy for the Leased Premises; (iii) the Premises' sanitary, electrical, heating, ventilating and air- conditioning systems are in operation to the extent necessary to provide reasonably adequate services to the Leased Premises; and (iv) access to the Leased Premises is available to Tenant. However, if completion of any of the above four requirements for the Leased Premises to be Ready for Occupancy is delayed due to (i) any act or omission of Tenant or any of its employees, agents or contractors, including, but not limited to, delays due to changes or additions to the Base Cost of Tenant Improvements which are requested by Tenant; or (ii) delays by Tenant in the submission of plans, drawings, specifications or other information; or (iii) the approval by Tenant of working drawings or estimates; or (iv) Tenant's failure to give necessary authorizations or approvals; or (v) inaccuracies, omissions, or changes in any information provided by Tenant; then the Leased Premises shall be deemed to have been Ready for Occupancy on the date the Leased Premises would have been completed but for such delay ("Tenant's Delay"). Landlord shall give Tenant at least ten (10) business days notice in advance of the date on which Landlord estimates that the Leased Premises will be Ready for Occupancy. Any variance between the dates so estimated and the actual date on which the Leased Premises are Ready for Occupancy shall be of no consequence, AVCH0815\7 6966.002\110290 -11- and Landlord shall not incur any liability on account of such variance. (d) Acceptance. On the Commencement Date, Tenant shall be deemed to have accepted the Leased Premises and to have found them to be in satisfactory condition, except for any Punch-List Items. Tenant shall inspect the Leased Premises and, if Tenant finds any Punch-List Items, shall submit a Punch-List to Landlord, describing the Punch-List Items, with reasonable specificity in detail, within ten (10) business days after the Commencement Date, and Landlord shall correct such Punch-List Items and pursue the same diligently to completion. (e) Completion of Building D. It is the intent of both parties that Tenant shall remain in possession of Building D during the period of construction of the tenant improvements. Landlord agrees that Building D will be Ready for Occupancy no later than two weeks from the date on which Building C is Ready for Occupancy; provided, however, that Tenant agrees to provide sufficient access to Building D so that Landlord may complete the tenant improvements in accordance with the foregoing estimated completion date. If Landlord does not complete Building D by the time specified herein due to Tenant's failure to provide sufficient access to Landlord for this purpose, then Landlord shall not be penalized for this delay in completion of Building D caused by Tenant. In the event AVCH0815\7 6966.002\110290 --12 -- Building D is not Ready for Occupancy on the date which is specified herein, and the delay is not due to either Tenant's failure to deliver to Landlord sufficient access to complete Building D, or Tenant's failure to perform any other act required under this Lease, then a prorata share of the amortized Cost of Tenant Improvements, as described in Section (a)(v) herein, shall abate in the ratio that the total unimproved square feet in Building D, as of the date of execution of the Lease, bears to the total square feet in both Buildings C and D. Section 3.8 EXPIRATION DATE: The expiration date shall be three (3) Commencement Date (the "Expiration Date"). years from the Section 3.12 PARKING: Tenant shall be permitted to park ninety-five (95) cars on an exclusive basis from 8:00 a.m. to 5:00 p.m. in the areas designated for parking on the attached Exhibit "F". Before 8:00 a.m. and after 5:00 p.m., Tenant shall be permitted to park in any of the available one hundred ninety-one (191) parking spaces provided within Windsor Park I. Landlord, at its expense, shall re-stripe the entire parking lot with the intent to maximize the total number AVCH0815\7 6966.002\110290 -13 - of parking spaces as allowable under City Ordinances and the Declaration of Covenants, Conditions and Restrictions for the Rancho California Business Park. Any additional parking spaces created by said re-striping shall be allocated by Landlord, in its reasonable discretion, to Tenant, provided that such additional spaces are within the vicinity of Tenant's permitted parking areas. Section 7.5.4 COMPLIANCE WITH LAWS: Notwithstanding any of the provisions of this Lease to the contrary, the total monthly rental payments, including any and all additional rent, shall be deemed to be the fair rental value of the Premises. Tenant warrants that Landlord will not have to justify said rents to any legal body. Tenant shall use its best efforts to budget and appropriate such amounts annually. There shall be no' acceleration of any amounts owing to Landlord. Section 12. ALTERATIONS, ADDITIONS, IMPROVEMENTS: (a) Section 12.1 Notwithstanding anything else contained in Section 12.1 to the contrary, if Tenant elects to remove any alterations, additions or improvements made by Tenant to the Premises after the date of entry by Tenant, Tenant shall restore the Premises to the condition which existed on the date on which the Premises were "Ready for Occupancy." AVCH0815\7 6966.002\110290 --14 -- (b) Section 12.3. Notwithstanding anything else contained in Section 12.3 to the contrary, if Tenant elects to remove trade fixtures, machinery or other trade equipment which Tenant has installed, Tenant shall repair any damage resulting from the removal of trade fixtures, machinery or other trade equipment of Tenant. LANDLORD: WINDSOR PARTNERS - RANCHO INDUSTRIAL, a California general partnership TENANT: THE CITY OF TEMECULA, a California municipal corporation By: Matthew Pollack, General Partner By: Ron Parks, Mayor Dated: Dated: ATTEST: By: David'F. Dixon, City Clerk Dated: APPROVED AS TO FORM: By: Scott F. Field, City Attorney Dated: AVCH0815\7 6966.002\110290 --15-- EXHIBIT "E" CERTIFICATE OF ACCEPTANCE TENANT: LOCATION: This letter is to certify that: The above-referenced Leased Premises have been accepted by the Tenant for possession. The subject Leased Premises is substantially complete in accordance with the plans and specifications used in constructing Premises in accordance with the Lease. The subject Leased Premises can now be used by Tenant for its intended purposes. The execution of this Certificate shall not relieve the Landlord of its obligation to expeditiously complete all work in which the Tenant is entitled under the terms of its Lease with the Landlord. Neither this certificate, nor Tenant's occupancy of the Leased Premises, shall be construed to relieve the Landlord of its responsibility to remedy, correct, replace, reconstruct or repair any deviation, deficiency or defect in the work or in the materials AVCH0815\7 6966.002\110290 --1-- or equipment furnished by the Landlord, without cost to Tenant, in accordance with the terms of Tenant's Lease with Landlord. Commencement Date Expiration Date Executed this day of , 19__. , 19__. , 19 . TENANT By: Authorized Signature AVCH0815\7 6966.002\110290 -2 - ITEM NO. 20 CITY OF TEMECUI. A A GENDA REPORT TO: CITY COUNCIL FROM: SCOTT F. FIELD, CITY ATTORNEY DATE: NOVEMBER 6, 1990 MEETING DATE NOVEMBER 13, 1990 SUBJECT.' ASSESSMENT DISTRICT #159 (RANCHO VILLAGES) RECOMMENDATION: That the City Council adopt Resolution 90-XX authorizing the Mayor to execute the Utility Agreement with the County of Riverside which provides for the financing and construction pursuant to Assessment District No. 159 of certain road improvements within the City, and further finds that the approval of the Agreement is beneficial to the residents of the City. 'DISCUSSION: Prior to incorporation, Riverside County formed and established Assessment District No. 159 ("AD 159") pursuant to the Municipal Improvement Act of 1913. AD 159, (also known as "Rancho Villages") will finance the construction and acquisition of certain public improvements, including the road improvements described in Exhibit A to the Utility Agreement, which are to be owned and maintained by the City. The Municipal Improvement Act of 1913 provides that where one public entity finances facilities to be acquired by another, the two entities shall enter into an agreement detailing the acquisition process, and that in order to enter into the Agreement, the City Council must find by resolution that the improvements to be constructed will benefit the citizens of the City. (Streets and Highways Code Section 10110). Accordingly, enclosed for the Council's consideration is a Resolution making the necessary finding of public benefit along with a Utility Agreement setting forth the procedure for the City acquiring the road improvement sff/AGD17222(l10690-3) To provide some background, the Board of Supervisors approved AD 159 in June 1987 for $77 Million of major improvements, including street, water, sewer, gas, storm drain and channel. Of these improvements, the City of Temecula is to own and maintain the streets identified in Exhibit A to the Utility Agreement. A status report of all the improvements is set forth in the attached Project Summary prepared by RANPAC, the project engineer. It is recommended that the Council approve this Resolution and Utility Agreement regarding AD 159. A TTA CHMENTS: Resolution re: AD 159, with Utility Agreement and Exhibit A describing the improvements to be constructed. RANPAC Report RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A CERTAIN UTILITY AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND THE COUNTY OF RIVERSIDE REGARDING ASSESS1VfENT DISTRICT NO. 159. WHEREAS, County has conducted proceedings for the formation of an assessment district pursuant to the Municipal Improvement Act of 1913 (the "Act"), being Division 12 (commencing with Section 10000) of the Streets and Highways Code of the State of California, designated Assessment District No. 159 (Rancho Villages) (the "Assessment District") to finance the construction and acquisition of certain public improvements specified in such proceedings (the "Improvements"); and WHEREAS, City is a municipal corporation organized and existing under the laws of the State of California, and is authorized to provide service to certain territory and property within the boundaries of the Assessment District; and WHEREAS, the Improvements include the installation and construction of those improvements identified and described in the Agreement attached hereto, which are to be · owned, managed and controlled by City; and WHEREAS, County and City, before the ordering of the City Improvements, desire to enter into this Agreement pursuant to Section 10110 of the Act, whereby County or City will construct, and County will finance, the construction of the City Improvements as required by such Section and the terms of this Agreement. WHEREAS, it has been proposed that the County acting as the legislative body of Assessment District No. 159 enter into the following agreements with the City entitled: "COUNTY OF RIVERSIDE ASSESSMENT DISTRICT NO. 159 (Rancho Villages) UTILITY AGREEMENT (CITY OF TEMECULA)" WHEREAS, the proposed Utility Agreement attached to this Resolution as Exhibit "A" , and incorporated by this reference herein has been reviewed by Counsel for all parties; WHEREAS, the City Council now has reviewed the proposed Agreement pursuant to Streets & Highway Code Section 10110 and finds the approval of the Agreement is beneficial to the residents of the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION*I. The Agreement attached as Exhibit A is hereby approved in substantially the form presented. SECTION*2. Agreement. The Mayor and City Clerk are hereby authorized to execute the SECTION*3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 13th day of November , 1990. Ronald J. Parks Mayor 2IResos/114 2 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA) I, June S. Greek, Deputy City Clerk 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 13th day of November, 1990 by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS June S. Greek Deputy City Clerk 2IResos/114 3 COUNTY OF RIVERSIDE ASSESSMENT DISTRICT NO. 159 (Rancho Villages) UTILITY AGREEMENT (CITY OF TEMECULA) This AGREEMENT is made and entered into this day of 1990 by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California (hereinafter referred to as "County") and the CITY OF TEMECULA, a municipal corporation organized and existing under the laws of the State of California (hereinafter referred to as "City"). RECITALS WHEREAS, County has conducted proceedings for the formation of an assessment district pursuant to the Municipal Improvement Act of 1913 (the "Act"), being Division 12 (commencing with Section 10000) of the Streets and Highways Code of the State of California, designated Assessment District No. 159 (Rancho Villages) (the "Assessment District") to finance the construction and acqui-sition of certain public improvements specified in such proceedings (the "Improvements"); and WHEREAS, City is a municipal corporation'organi-zed 'and existing under the laws of' the State of California, and is authorized to provide service to certain territory and property within the boundaries of the Assessment District; and WHEREAS, the Improvements include the installation and construction of those improvements identified and described on Exhibit "A" hereto (the "City Improvements") which are to be owned, managed and controlled by City; and WHEREAS, because the City incorporated subsequent to the formation of the Assessment District, responsibility for plan and specification review and approval for the City Improvements, inspection of the City Improvements during construction, and maintenance of the City Improvements will continue with the County until July 1, 1990, and after that date only by contractual agreement; Accordingly, all references to the City with regard to the said activities shall also be deemed to refer to County until such time as County is relieved of such duties by statute or contractual agreement; and WHEREAS, County and City, before the ordering of the City Improvements, desire to enter into this Agreement pursuant to Section 10110 of the Act, whereby County or City Page 1 of 6 3856m5 will construct, and County will finance, the construction of the City Improvements as required by such Section and the terms of this Agreement. NOW, THEREFORE, the COUNTY OF RIVERSIDE and the CITY OF TEMECULA hereby agree as follows: AGREEMENT 1. Recitals. The above recitals are true and correct. 2. City Improvements. The City Improvements, authorized to be constructed under the Act and identified and described in Exhibit A hereto, are those which will be under the ownership, management and control of City. County, on behalf of City, shall review and approve all plans, specifications and drawings related to the City Improvements and shall inspect the construction thereof, and shall provide any administration and supervision or other services required for the construction and installation of the City Improvements; provided, that at its option, exercised on thirty (30) days written notice to the County, the City may assume from the County responsibility for plan and specification review and approval for the City Improvements, and inspection of City Improvements during construction. 3. Proceedings. County has'conducted proceedings authorizing the construction and installation of the City Improvements, including the Confirmation of assessments to pay for the costs and expenses thereof. County will establish an improvement fund into which shall be deposited all amounts paid on the assessments and the proceeds of any bonds issued to represent unpaid assessments. The fund shall be used exclusively for the payment of the costs and expenses of the proceedings and the construction and installation of the Improvements. 4. Construction of Improvements. Upon completion of plans and specifications for the City Improvements to the satisfaction of the City Engineer, County will solicit bids and award the construction contract for the City Improvements to the lowest responsible bidder as required by law, and said bidder shall post the applicable labor, material and performance bonds in the amounts for said work, all as set forth in the specifications and contract documents approved by the City Engineer. 5. Acquisition of City Improvements. In the event that all or some of the City Improvements are to be acquired by County as provided in Section 10101 of the Act, such improvements shall have been constructed pursuant to an 3856m5 Page 2 of 6 acquisition agreement between County and a developer/property owner providing for compliance with all governmental requirements and restrictions, including the payment of prevailing wages where applicable. 6. Inspection, Plan Check Fees and Related Expenses. The proceedings for the Assessment District shall include all costs for inspection, plan check fees, contract administration and other costs of City incidental to the construction of the City Improvements, and County shall pay to City all costs incurred by City relating to the construction and installation of the City Improvements. 7. Notice of Completion; Transfer of Title. Upon completion by County of the acquisition or installation and construction of all City Improvements, and the acceptance thereof by City, County shall file a Notice of Completion with the County Recorder, if appropriate, and thereupon title to said improvements shall be vested in City and thereafter constitute and be used, operated and maintained by City as part of its system of roads. All rights of way shall be conveyed in fee title or easements, including ingress and egress, as deemed necessary by City for the operation and maintenance of each respective element of the City Improvements. Should construction of any or all of the elements of the City Improvements be performed by City, all rights of way necessary for the construction, inspection, operation and maintenance of such elements shall be conveyed to City.prior to advertising for construction bids. City shall require policies of title insurance, each in an amount not to exceed fifty thousand dollars ($50,000.00), for each parcel conveyed to City, guaranteeing City's interest to said property as being free and clear of all liens, encumbrances, taxes and leases (recorded and unrecorded), except those which in the sole discretion of City, are acceptable. 8. Payments by County. All payments required to be made by County for construction of the City Improvements shall be payable solely and exclusively from the improvement fund described in Section 3 hereof, and neither County nor City shall be obligated to make such payments from any other funds or moneys from County or City. 9. Indemnification and Insurance. County shall assume the defense of, indemnify and hold harmless the City and its respective officers, employees and agents, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or put, by reason of, or resulting 3856m5 Page 3 of 6 from, (i) the actions of County pursuant to this Agreement and (ii) the design, engineering, and construction of the City Improvements designed, engineered and constructed by County; provided that, the actions, damages, claims, losses and expenses covered by this paragraph shall be those arising out of events which occur during the period up to the acceptance of the City Improvements by City whether or not an action or claim is filed by the date of acceptance of the City Improvements; and provided further that nothing in this paragraph shall limit, in any manner, City's rights against any of County's contractors, architects or engineers. No provision of this Agreement shall in any way limit the extent of the responsibility of County for payment of damages resulting from its own operations, including but not limited to design liability for the City Improvements, or the operations of any of its contractors, agents or employees. City shall assume the defense of, protect, indemnify and hold harmless the County and its respective officers, employees, attorneys and agents, and each and every one of them, from and against all actions, damages, claims, losses, liabilities and expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, the actions of City taken in the performance of this Agreement. No provision of this Agreement shall in any way limit the extent of the responsibility of City for the payment of damages resulting from its own operations or the operations of any of its contractors, agents or employees. Each party will require that any and all Contractors employed by it shall furnish certificates of insurance substantiating that they have obtained for the entire period of construction of any of the City Improvements a policy of workers compensation insurance and a comprehensive general liability insurance with coverage broad enough to include the contractual obligations they have under the construction contract and having a combined single limit of liability in the amount of $2,000,000. Said certificates of insurance shall include an endorsement naming the City and the County, and their respective officers, employees, and agents as additional named insureds. 10. Effective Date of A~reement. Pursuant to Section 10110 of the Act, this Agreement shall become effective after proceedings have been taken and work ordered pursuant to the Act and after funds are available to carry out the terms hereof. In the event the proceedings for the Assessment District are abandoned by County, or shall be enjoined or held by a court of competent jurisdiction to be illegally or improperly conducted, or if consummated and bonds are not sold to provide sufficient amounts for the acquisition or construction of the City Improvements, then this Agreement shall be terminated and the parties hereto shall have no further obligations hereunder. 3856m5 Page 4 of 6 11. Notices. Any notice authorized or required to be given by this Agreement or proceedings related hereto shall be deemed to have been sufficiently given if and when sent by first class mail, postage prepaid, to the parties as follows: To County: COUNTY OF RIVERSIDE 4080 Lemon Street 8th Floor P.O. Box 1090 Riverside, CA 92502 Attn: Deputy Director of Transportation To City: CITY OF TEMECULA 43172 Business Park Drive Temecula, CA 92390 Attn: City Manager 12. Successors and Assiqns. This Agreement shall inure to the benefit of and be binding on each of the parties and their successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated above. COUNTY OF RIVERSIDE Attest: By: -Chairman of the' Board of Supervisors Gerald A. Maloney, Clerk of the Board of Supervisors 3856m5 Page 5 of 6 CITY OF TEMECULA Attest: By: Ron Parks, Mayor By: David F. Dixon, City Clerk Approved as to Form: By: Scott F. Field, City Attorney Recommended for Approval: By: Deputy Director of Transportation Page 6 of 6 3856m5 EXHIBIT A [Map/Description of City Improvements] 2806m5 A-1 EXHIBIT "A" Rancho Village Assessment District 159 improvements to be owned, managed and controlled by the City of Temecula. RVAD NUMBER LOCATION QUANTITATIVE DESCRIPTION 001, 002, 005 007, 008, 009 017, 020 022, 025 046, 047, 049 BUTTERFIELD STAGE ROAD (NORTH) FROM HIGHWAY 79 NORTH TO RANCHO CALIFORNIA ROAD BUTTERFIELD STAGE ROAD (SOUTH) FROM HIGHWAY 79 SOUTH TO BUTTERFIELD STAGE ROAD BRIDGE "A" STREET (CROWNE HILL DRIVE) FROM BUTTERFIELD STAGE ROAD NORTH WITHIN TRACT NO. NORTH TO PAUBA ROAD "C" STREET (CALLE LAS MARIPOSAS) FROM BUTTERFIELD STAGE ROAD EAST TO "A" STREET WITHIN TRACT NO. 23143 DE PORTOLA ROAD (EAST) FROM BUTTERFIELD STAGE ROAD EAST TO THE A.D. BOUNDARY 4000 LF OF 40' WIDE AND 9,563 LF OF 63' WIDE A.C. ROADWAY WITH 7055 LF OF CURB AND GUTTER, 8 CATCH BASINS, 354 LF OF 18" RCP, 63 LF OF 24" RCP, 1231 LF OF 36" RCP 795 LF. OF 82' WIDE A.C. ROADWAY WITH1508 LF CURBAND GUTTER, 2 CATCHBASINS, 50 LF OF 24" RCP, 118 LF OF 18" RCP 7350 LF OF 48' WIDE A.C. ROADWAY WITH 14,703 LF OF CURB & GUITER, 2 CATCH BASINS, 1423 LF OF 18" RCP, 292 LF OF 24" RCP, 611 LF OF 27" RCP, 500 LF OF 36" RCP 1912 LF OF 44' WIDE A.C. ROADWAY WITH 3,824 LF OF CURB & GUTTER, 5 CATCH BASINS, 265 LF OF 18" RCP, 678 LF OF 24" RCP, 318 LF OF 36" RCP 1420 LF OF 63' WIDE AND 1650 LF OF 44 ' WI DE A.C. ROADWAY W/2960 LF OF CURB & GUTTER, 6 CATCH BASINS 270 LF OF 18" RCP, 77 LF OF 36" RCP, 360 LF OF 36" SRP, 417 LF OF 48" SRP, 165 LF OF 78" SRP 360, 061, 064 072, 073, 076 100, 103 098, 099, 101 051~ 052 054, 055, 058 WOLF VALLEY ROAD FROM REDHAWK/MURDY BOUNDARY TO PALA ROAD 3010 LF OF 40' WIDE A.C. ROADWAY WITH 4 CATCH BASINS, 135 LF OF 18" RCP, 132 LF OF DOUBLE BOX CULVERT FAIRVIEW ROADWAY (DEER HOLLOW WAY) 2245 LF OF 34' WIDE FROM REDHAWK/MURKY BOUNDARY A.C. ROADWAY WITH2193 WEST TO PALA ROAD LF OF CURB & GUTTER, 1 CATCH BASIN, 49 LF OF 18" RCP, 54 LF OF 36" RCP, 300 LF OF 66" SRP PAUBA ROAD (WEST) FROM MARGARITA ROAD WEST TO BUTTERFIELD STAGE ROAD 8736 LF OF 42' WIDE A.C. ROADWAY WITH5850 LF OF CURB & GUTTER, 161 LF OF 18" RCP, 34 LF OF 24" RCP, 22 LF OF 36" RCP PAUBA ROAD (EAST) FROM BUTTERFIELD STAGE ROAD TO VIA DEL MONTE 3632 LF OF 44' WIDE A.C. ROADWAY WITH 3,147 LF OF CURB & GUTTER, 4 CATCH BASINS, 2 MANHOLES, 297 LF OF 30" RCP, 13 LF OF 36" RCP DE PORTOLA ROAD (WEST) FROM MARGARITA ROAD EAST TO BUTTERFIELD STAGE ROAD 7628 LF OF 40' WIDE A.C. ROADWAY WITH 358 LF OF 18" RCP, 473 LF OF 24" RCP, 205 LF OF 36" RCP, 264 LF OF 42" RCP, 151 LF OF 60" RCP, 66 LF OF 66" RCP MARGARITA ROAD FROM HIGHWAY 79 SOUTH TO MARGARITA ROAD BRIDGE 1125 LF OF VARIABLE A.C. ROADWAY WIDTH (76' TO 110') WITH 1130 LF OF CURB & GUTTER, 2 CATCH BASINS, 4MANHOLES, 55 LF OF 18" RCP, 906 LF OF 30" RCP bm/rvad/exhibi tA/g: RANCHO VILLAGE ASSESSMENT DISTRICT NO. 159 PROJECT SUMMARY Approved by the Riverside County Board of Supervisors on June 9, 1987 for $77 Million of major improvements including street, water, sewer, gas, storm drain and channel. Sold bonds for Series "A" Improvements in the amount of $6,196,153.50 which includes the construction of the Pala Sewer Lift Station. Opening Bid Date Closing Bid Date Status of construction: March 12, 1989 April 19, 1989 Const ructed/wa it ing final testing inspection for and Sold Bonds for Series "B" Improvements in the amount of approximately $36,000,000 which includes the construction of the following items: The construction of a sewer trunk main within State Highway 79 from Tract No. 20319 at the existing intersection of Pala Road and Highway 79 east to the proposed alignment of Bufferfield Stage Road. Opening Bid Date Closing Bid Date Status of construction: July 11, 1989 August 01, 1989 Constructed/waiting final inspection for The construction of sewer improvements within Margarita Road from Pio Pico Road southeasterly to Highway 79. Opening Bid Date Closing Bid Date Status of construction: July 11, 1989 August 02, 1989 Constructed/waiting final inspection for The construction of a sewer trunk main within the Loma Linda and Linda Vista Right of Ways from Pala Road to Wolf Valley Loop Road. Opening Bid Date Closing Bid Date Status of construction: July 11, 1989 August 02, 1989 Constructed/waiting final inspection for /db/RVAD/P roj ec t. Sum/g: RVAD Project Summary October 26, 1990 Page Two The construction of De Portola Road (40 foot width travel lane) from margarita Road easterly to Butterfield Stage Road. Opening Bid Date Closing Bid Date Status of construction: July 18, 1989 August 15, 1989 Under construction/RCWD i n s t a 11 i n g 4 8" transmission line The construction of Wolf Valley Road, as an access road (40 foot width travel lane), from the Murdy- Redhawk property line to Pala Road. Opening Bid Date Closing Bid Date Status of construction: August 29, 1989 Sept. 27, 1989 Constructed/waiting final inspection for The construction of Margarita Road from Highway 79 southerly to Wolf Valley Loop Road including a bridge crossing of Temecula Creek. Opening Bid Date Sept. 06, 1989 Closing Bid Date Oct. 04, 1989 Status of construction:. Under construction Approximate completion date: April 1991 The construction of a sewer dual force main from the Pala Sewer Lift Station northwest to the existing municipal water district wastewater treatment plant. Opening Bid Date Feb. 13, 1990 Closing Bid Date March 07, 1990 Status of construction: Under construction Approximate completion date: Dec. 1990 The construction of half width improvements in Pauba Road from Margarita road easterly to Butterfield Stage Road. Opening Bid Date Sept. 18, 1990 Closing Bid Date Oct. 17, 1990 Status of construction: waiting for County to award contract Approx. start of construction date: Nov. ll, 1990 Approx. completion date: Oct. 20, 1991 /db/RVAD/Proj ect. St~/g: RVAD Project Summary October 26, 1990 Page Three The construction of Kaiser Parkway (Meadows Parkway, 40 foot width travel land) from Rancho Vista Road southerly to Pauba Road. Opening Bid Date Sept. 18, 1990 Closing Bid Date Oct. 17, 1990 Status of construction: waiting for County to award contract Approx. start of construction date: Nov. 11, 1990 Approx. completion date: Oct. 20, 1991 The construction of half width improvements in Pauba Road from Butterfield Stage Road easterly to Via Monte Road. Proposed Bid Date Nov. 20, 1990 Approx. start of construction date: January 1991 Approx. completion date: May 1991 The construction of half width improvements in De Portola Road from Butterfield Stage Road easterly tothe district boundary. Proposed Bid Date Nov. 20, 1990 Approx. start of construction date: January 1991 Approx.-completion date: July 1991 The construction of a trunk sewer along Pala Road from Fairview Avenue (Pepper Corn Drive) to Cupeno Lane. Status of plans: Approval from agency. Waiting and 1601 permit serving for 404 Proposed bond sale of Series "C" improvements on January, 1991 for approximately $34 Million which includes the following proposed improvements: The construction of Road "A" (Crowne Hill Drive) from Butterfield Stage Road to Pauba Road. Status of plans: Status of construction: Approvals from all serving agencies. Waiting for Series "C" Bond Sale /db/llVAD/P~oj ec t. Sum/g: RVAD Project Summary October 26, 1990 Page Four The construction of Road "C" (Calle Los Mariposas) from Butterfield Stage Road easterly to Road "A"(Crowne Hill Drive). The construction of Fairview Avenue (Deer Hollow Way) from Pala Road northeasterly to the district boundary (excluding frontage improvements along the Murdy property). Status of plans: Approvals from County Trans. Dept., RCWD and EMWD/waiting for final review from Flood Control Approximate approval date: Dec. 1990 The construction of additional traffic lanes in State Highway 79 from 1300 feet westerly of Interstate 15 easterly to Butterfield Stage Road and the on ramp/off ramp widening at the Interstate 15/Highway 79 Interchange. Status of plans: P.S.R. Approval: P..R. Approval: Design stages May 1990 Report writing stage The proposed realignment and channeliza~ion of TemecUla Creek from Butterfield Stage Road Bridge to a point approximately 1,350 feet westerly of Margarita Road. Status of plans: Still in plan checking, waiting for Federal Agency Permits. IdblRVADIProj ect. Sun/g: ITEM NO. 21 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council City Manager November 13, 1990 Traffic Signal - Target Shopping Center RECOMMENDATION: On November 5, 1990, Mayor Pro Tem Karel Lindemans and I met with members from Landgrant Development Company. Landgrant Development is the developer of the Target Shopping Center. The meeting centered around traffic with respect to that shopping center as it relates to Ynez and Rancho California Roads. At the conclusion of the meeting it was suggested that there be a sharing of the cost of signals on Ynez by the adjacent developers and that a signal on Rancho California Road be jointly shared between the developer and the City of Temecula. As of-this date, the City has not heard whether I'andgrant has secured sufficient support to enter into an agreement with respect to these public improvements. If we have not heard from Landgrant by Tuesday, November 13, 1990 this item should be continued to our next regular meeting. DFD:jsg ITEM NO. 22 CALL TO ORDER: ROLL CALL: A GENDA TEMECULA COMMUNITY SERVICES DISTRICT A REGULAR MEETING NO VEMBER 13, 1990 PM PRESENTATIONS/ PROCLAMATIONS PUBLIC COMMENTS CSD BUSINESS 1. Minutes RECOMMENDATION: 1.1 Lindemans, Moore, Mu~oz, Parks, Birdsall Approve the minutes of November 13, 1990, as mailed. MANAGERS REPORT DIRECTORS REPORTS ADJOURNMENT Next meeting: May 22, 1990, 7:00 PM, Temecula Community Center, 28816 Pujol street, Temecula, California MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD OCTOBER 30, 1990, 1990 A regular meeting of the Temecula Community Services District was called to order at 8:35 PM, President Birdsall presiding. PRESENT: 5 DIRECTORS: Lindemans, Moore, Mu~oz, Parks, Birdsall ABSENT: 0 DIRECTORS: None Also present were City Manager David F. Dixon, City Attorney Scott F. Field and June S. Greek, Deputy City Clerk. PUBLIC COMMENTS None given. CSD BUSINESS 1. Minutes It was moved by Director Moore, seconded by Director Lindemans to approve the minutes of October 9, 1990 as mailed. The motion was carried by the following vote: AYES: 5 DIRECTORS: Lindemans, Moore, Mu~oz, Parks, Birdsall NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None Implementation of Phase One CIP Projects Shawn Nelson, Director of Community Services, reported that the Capital Improvement Plan was submitted to the Parks and Recreation Commission on October 22, 1990, and with the exception of one item that was deferred, it was unanimously approved. 4\CSDMIN\103090 - 1 - 11/08/90 CSD Minutes October 30, 1990 Mr. Nelson said Phase One of the Capital Improvement Plan proposes to light two softball fields at the Sports Park and two existing baseball fields at Temecula Valley High School. He explained by installing these lights, the overcrowded situation at Sports Park would be rectified and allow the time necessary to pursue future capital developments to address the increase in population. Mr. Nelson said a Temecula Sports Council has been formed, comprised of representatives from both the Little Leagues, Youth Soccer, Adult Softball and Pop Warner. At a meeting held on October 11, 1990 the Temecula Sports Council unanimously approved the Master Calendar that was submitted to them by staff, based on the installation of lights. He said an environment assessment through City Planning is in process. Public notices will be prepared for delivery to surrounding property owners, and a public hearing is tentatively scheduled for December 4, 1990. He added to meet the objective of having the lights in operation for the Spring program, it is necessary to begin the development of plans and specifications on this project. He stated staff has obtained three bids on this project from qualified consultants who have experience in dealing with OSA (Office of the State Architect) and recommended authorizing Reedcorp Engineering, Inc. to develop plans and specifications for the Sports Park and Temecula Valley High School Lighting System Project. Director Lindemans asked if this should be heard by the Parks and Recreation Commission. Mr. Nelson answered the Phase One Project has been brought to the attention of the Parks and Recreation Commission, and $333,000 has been set aside by the Commission for this project. Director Parks asked if lighting the high school fields is a move in the direction of a joint use agreement with the high school. Mr. Nelson answered that a joint use agreement is being negotiated. He stated all responses from the school district have been favorable, and the potential of a cooperative agreement with the school district can have a positive impact on the City. 4\CSDMIN\103090 -2- 11/08/90 _ CSD Minutes October 30, 1990 It was moved by Director Parks, seconded by Director Mu~oz to authorize Reedcorp Engineering, Inc. to develop plans and specifications for the Sports Park and Temecula Valley High School. Lighting System Project. The motion was carried by the following vote: AYES: 5 DIRECTORS: Lindemans, Moore, Mu~oz, Parks, Birdsall NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None CITY ATTORNEYS REPORT None given. DIRECTORS REPORTS None given. ADJOURNMENT It was moved by Director Parks, seconded by Director MoOre to adjourn at 8:45 PM. The motion was unanimously carried. ATTEST: June S. Greek, Deputy City Clerk Patricia H. Birdsall, President 4\CSDMIN\103090 -3- 11/08/90