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Home My WebLink About112790 CC AgendaCALL TO ORDER: Invocation Flag Salute ROLL CALL: PRESENTA 7"IONS/ PROCLAM/ TIONS A GENDA TEMECULA CITY COUNCIL A REGULAR MEETING TEMECULA COMMUNITY CENTER NOVEMBER 27, 1990- 7:00 PM Next in Order: Ordinance: No. 90-24 Resolution: No. 90-114 Pastor George Simmons Temecula Valley House of Praise Councilmember Birdsall Birdsall, Lindemans, Moore, Mu~oz, Parks Proclamation - Recognizing Library Building Foundation PUBLIC CO, VIMENTS A total of 15 minutes is provided so members of the public can address the Courcil on items that are not listed on the Agenda. Speakers are limited to two (2) rrinutes each. If you desire to speak to the Council about an item not listed on the Agenda, a pink "Request To Speak" form should be filled outsand filed with the City Clerk. Whe ~ you are called to speak, please come forward and state your name and address. For ~ II 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. 21agendelO 61290 I 11120190 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 2 Standard Ordinance Adoption Procedure RECOMMENDATION 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes RECOMMENDATION: 2.1 Approve the minutes of October 30, 1990 as mailed. 3 Resolution Approving Payment of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMCULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 2legendalOe1290 2 11120/90 Second Reading of Ordinance Permitting Change of Zone No. 5611 RECOMMENDATION: 4.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 90-22 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 DEVELOP- MENT PERMIT NO. 5611, CHANGING THE ZONE FROM R-R (RURAL RESIDENTIAL) TO R-1 (SINGLE FAMILY Residential ON PROPERTY LOCATED ON THE NORTHEAST CORNER OF $ERAPHINA ROAD AND RITA WAY. Substitution of Bonds for Tracts No. 23371-1 and Tract 23371-2 RECOMMENDATION: 5.1 Accept Substitute Monument, Faithful Performance, and Material and Labor Bonds for Tracts 23371-1 and Tract 23371-2. 5.2 Authorize the City Clerk to release existing bonds on file. COUNCIL BUSINESS 6 Election of Mayor At this time the Mayor will entertain motions from the City Councilmembers to select the Mayor to preside until the end of calendar year 1991. 7 Election of Mayor Pro Tempore At this time the Mayor will entertain motions from the City Councilmembers to select the Mayor Pro Tempore who will assume the duties of the Mayor in the Mayor's absence and will hold this office until the end of calendar year 1991. 21egendd061290 3 11120/90 CSD MEETING - (To be held at 8:00 PM) Please see separa~ agenda PUBLIC HEARINGS 8 Plot Plan No. 20 RECOMMENDATION: 8.1 Adopt a Negative Declaration for Plot Plan No. 20. 8.2 Adopt a Resolution entitled: RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLOT PLAN NO. 20 TO PERMIT CONSTRUCTION OF A 160,561 SQUARE FOOT INDUSTRIAL BUILDING NORTH OF RANCNO CALIFORNIA ROAD WEST OF BUSINESS PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NO. 921-020-045. 9 Parcel Map No. 25212/Change of Zone No. 5663 RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING CHANGE OF ZONE NO. 5663 AND PARCEL MAP NO. 252 12 TO SUBDIVIDE A 5.02 ACRE RESIDENTIAL PARCEL INTO FOUR PARCELS AT THE NORTHEAST CORNER OF NICOLAS AND LIEFER ROADS. 21egend~/061290 4 11/20/90 Zone Change 5613. Vesting Tentative Tract 25082 10.1 Adopt a resolution entitled: RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING CHANGE OF ZONE NO. 5613 AND VESTING TENTATIVE TRACT MAP NO. 25082 TO SUBDIVIDE A 35 ACRE PARCEL INTO A 109 UNIT SINGLE FAMILY SUBDIVISION AT THE SOUTHEAST CORNER OF CALLE MEDUSA AND NICOLAS ROAD COUNCIL BUSINESS (Continued) 11 Sphere of Influence Study RECOMMENDATION: 11.1 Instruct the City Manager to file the appropriate documentation with the Local Agency Formation Commission (LAFCO) to establish a Sphere of Influence for the City of Temecula. 12 Expanding Sphere of Influence RECOMMENDATION: 12.1 Authorize a maximum of $24,000 for continued establishing the City's Sphere of Influence. efforts in 13 Nuisance Abatement Ordinance RECOMMENDATION: 13.1 Introduce and adopt an ordinance entitled: ORDINANCE NO. 90- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, REPEALING PORTIONS OF THE NON- CODIFIED RIVERSIDE COUNTY ORDINANCES AND ADDING CHAPTER 6. 14 TO THE TEMECULA MUNICIPAL CODE PERTAINING TO NUISANCE ABATEMENT 21eeendNO91290 6 11 ~20~90 14 Discussion of Para-legal Position for City Requested by Councilmember Lindemans RECOMMENDATION 14.1 Continue off calendar for further report and analysis by the City Manager. 15 Discussion of Developmental Fees Requested by Councilmember Lindemans RECOMMENDATION: 15.1 Continue for 30 days with a report forthcoming at that time. 16 Traffic Signals - Target Shopping Center Continued from the meeting of November 13, 1990 RECOMMENDATION 16.1 Continue off calendar. 17 Adoption of a City Ordinance Relating to Placement of Adult Materials Harmful to Minors RECOMMENDATION: 17.1 Introduce an Ordinance entitled: ORDINANCE NO. 90- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 11.10 TO THE TEMECUI. A MUNICIPAL CODE RELATING TO THE PLACEMENT OF MATTER HARMFUL TO MINORS. 21egendNOe 1290 e 11120/90 CITY MANAGER REPORT CITY ATTORNEY REPORT CITY COUNCIL REPORTS ADJOURNMENT Next regular meeting: December 4, 1990, 7:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California 2legenddOe 12~0 7 11120/90 Proclamation The City of Temecula WHEREAS, members of the Library Building Foundation in Temecula believed strongly in libraries and in helping the Riverside City and County Library serve the informational, recreational and educational needs of all segments of the community, and WHEREAS, the Library Building Foundation played a major role in bringing a new library building to Temecula to replace the storefront facility that no longer adequately provides the kind of library service Temecula desires; and WHEREAS, the Library Building Foundation developed successful techniques for raising money in the community, creating a fund of more than $500,000 for the new library; and WHEREAS, the California Association of Library Trustees and Commissioners has seen fit to present a statewide award to the Library Building Foundation for their significant financial contribution to the new Temecula Library building; NOW, THEREFORE, I, Ronald J. Parks, Mayor of the City of Temecula, on behalf of the City Council of the City of Temecula take pleasure in recognizing the Library Building Foundation of Temecula for its efforts in bringing a new library building to the City and thank the members of the Foundation for their continuing commitment to libraries, 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 30, 1990 A regular meeting of the Temecula City Council was called to order at 7:03 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 Deputy City Clerk June S. Greek. INVOCATION The invocation was given by Pastor Roger Sowder, Oak Springs Presbyterian. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Councilmember Moore. PUBLIC COMMENTS Ray McLaughlin, 30025 Front Street, requested that the Margarita Villages Specific Plan No. 199, dealing with environmental impact, traffic, noise levels; be placed on a future agenda for discussion. Edward Day, 30856 Via Norte, presented the City Clerk with a petition containing 1,000 names, asking that the City of Temecula prohibit adult businesses. The petition was bound with a white ribbon representing the "National White Ribbon Against Pornography Awareness Week". Edward Anderson, 27431 Bolandra Court, invited the City Council to attend the first annual Mayor's Prayer Breakfast, Friday, November 16, 1990 at 7:30 AM - 9:00 AM. He said it will be held at the Leeds Building, directly across the street from City Hall. Susan Jurkawski, 39464 Long Ridge, Vice President of the Riverside Chapter of "Mother's Against Drunk Driving" (MADD), asked the City Council to attend the Press Conference to begin the campaign, "Tie One On For Safety," for the holiday season. The press conference will be held November 13, 1990 at 10:00 AM at the Sports Minutes\l 0\02\90 -1 - 11/15/90 City Council Minutes October 30. 1990 Park. She asked that the City be involved with the distribution of the red ribbons in Temecula. Christine McGrath, 29769 Via Las Chacras, spoke against adult businesses being allowed to operate in the City of Temecula. CONSENT CALENDAR Councilmember Lindemans requested the removal of Agenda Item No. 4 from the Consent Calendar. Councilmember Mu~oz requested the removal of Items 5 and 6. City Attorney Field stated Agenda Item No. 8, Overweight Vehicle Ordinance, the weight restriction should be corrected to read no more than 6,000 pounds in all references. It was moved by Councilmember Birdsall, seconded by Councilmember Moore to approve Consent Calendar Items 1, 2, 3, 7, 8,9, and 10 as follows: 1. Standard Ordinance Adoption Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2. Minutes 2.1 2.2 Cancellation of Meeting of November 6, 1990 3.1 Approve cancellation of the City Council November 6, 1990. Approve the minutes of October 2, 1990, as mailed. Approve the minutes of October 9, 1990, as mailed. Meeting scheduled for Minutes\l 0\02\90 -2- 11/15/90 City Council Minutes October 30, 1990 e 10. Second Reading of Ordinance For Public Employees Retirement System Enrollment 7.1 Read by title only and approve an ordinance entitled: ORDINANCE NO. 90-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING A CONTRACT BETWEEN THE CITY OF TEMECULA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPL 0 YEES' RETIREMENT SYSTEM Second Reading of Overweight Vehicle Ordinance 8.1 Read by title only and approve an ordinance entitled: ORDINANCE NO. 90-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 12.06 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING VEHICLE WEIGHT RESTRICTIONS ON THE PUBLIC S TREE TS Authorization of Release of Monument Bond for Tract No. 18518-2 9.1 Authorize the release of the Monument Bond for Tract No. 18518-2 and direct the City Clerk to so advise the Clerk of the Board of Supervisors. Authorization to Release Monument Bond for Tract No. 22593-2 10.1 Authorize the release of the Monument Bond for Tract 22593-2 and direct the City Clerk to so advise the Clerk of the Board of Supervisors. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None Moore, Minutes\l 0%02%90 -3- 11/15/90 City Council Minutes October 30, 1990 ABSENT: 0 COUNCILMEMBERS: None 4. Resolution Approving Payment of Demands Councilmember Lindemans questioned the $22,000 City Attorney's fees and suggested hiring a para-legal to do routine work not requiring an attorney, in an effort to reduce these costs. Councilmember Lindemans asked for an explanation of a $69,000 insurance premium. Mary Jane Henry, Chief Financial Officer, explained that Western Heritage canceled the City's policy effective October 17, 1990. This coverage was scheduled to run through December 1, 1990. She said the City then sought other quotes and this is considered the best option until the City is accepted into the Southern California Joint Powers Insurance Authority. Councilmember Mu~oz asked what the term of the policy is? Ms. Henry answered the term is for one year and explained this is an interim policy and a refund of premium will be sought for any unused time. Mayor Parks stated it is his understanding that the Western Heritage Policy has been reinstated. Ms. Henry answered that the City's policy was reinstated on October 17th. She explained the City was faced with the possibility of being without coverage, and she therefore sought help from a broker who specialized in Cities. She stated the City staff was concerned with the quality of service received in the past. City Attorney Field reported that the City of Temecula has been accepted into the Joint Powers Insurance Authority, subject to certain exclusions that the authority is imposing due to the terms of the County service agreements. He said the City is currently negotiating with the County to revise these contracts, and once revised the concerns of the Joint Powers Insurance Authority will be resolved. He stated the entire issue should be resolved by the end of the year. He explained the policy proposed is a swing policy to provide coverage for the City from the time of termination by the previous insurance company until the City becomes fully covered by the Joint Powers Insurance Authority. Councilmember Lindemans questioned the fee schedule for Conditional Use Permits, stating the City needs to attract business and these fees are much too high. City Manager Dixon stated this has been brought to his attention and these are fees that were set by the Council, however they can be looked into. Minutes\l 0\02\90 -4- 11/15/90 City Council Minutes October 30, 1990 It was moved by Councilmember Lindemans, seconded by Councilmember Moore to adopt a resolution entitled: RESOLUTION NO. 90-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 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 Tract Map No. 22761, Minor Change No. 1, First Extension of Time - Coleman Homes Mayor Parks announced that due to a possible conflict of interest, he would be removing himself from consideration of Items 5 and 6 and turned the meeting over to Mayor Pro Tem Lindemans. Councilmember Mu~oz asked on Agenda Items No. 5 and 6, how the Quimby Act requirements have been taken care of. Gary Thornhill, Acting Planning Director, explained Quimby Acts are required prior to issuance of building permits and these maps are not yet at this stage. It was moved by Councilmember Mu~oz, seconded by Councilmember Birdsall to approve Agenda Items Numbers 5 and 6 as follows: Tentative Tract Map No. 22761, Minor Change No. 1, First Extension of Time - Coleman Homes 5.1 Receive and file. Minutea\l 0\02\90 -5- 11/15/90 Citv Council Minutes October 30, 1990 6. Tentative Tract Map No. 22762, First Extension of Time - Coleman Homes 6.1 Receive and file. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Parks PUBLIC HEARINGS 11. A~3~3eal No. 9, Plot Plan No. 11609 - Bed and Lounge Furniture Showroom and Retail Center Gary Thornhill, Acting Planning Director, reported this is an appeal of the Planning Commission denial of an application to construct 18,453 square foot retail and furniture showroom. He stated the existing zoning on the property is MSC and the Commission denied this application on the basis that there is insufficient parking for the proposed use. They were also concerned about the compatibility of the proposed retail uses in that shopping center. Councilmember Birdsall asked if the proposed usage is irregular to MSC zoning. Mr. Thornhill responded the proposed uses are permitted. Councilmember Birdsall stated she feels this project should not be denied because of usage when the use is in compliance for this zoning. Mr. Thornhill explained the Planning Commission was concerned over future parking if the furniture showroom ceased to exist. Councilmember Moore stated she felt the trash receptacle should be moved from the front of the building. Mr. Thornhill stated there were recommendation as to the relocation of the container and for additional screening. Councilmember Lindemans questioned this structure being built on the property lot line, impeding fire truck access, and suggested reducing the overall square Minutes\l 0\02\90 -6- 11/15/90 City Council Minutes October 30, 1990 footage. Gary Thornhill responded it meets the fire codes with the installation of a fire wall. Mayor Parks opened the public hearing at 7:50 PM. Jeff Hardy, 27349 Jefferson Avenue, Ste 108, representing the applicant stated he is in agreement with most of the concerns of the Council. He stated the trash enclosure was placed in the front of the building for easy access by the trash collector, however, this could be relocated to a more obscure position. He reported this project is subject to the South West Area Plan (SWAP), adopted by the County of Riverside. One of the amendments required is the Winchester Road right-of-way was extended 25 feet beyond the existing property line. He reported this provides 37 feet of landscaping from the curb. He stated in reference to the fire concerns, the property line walls are fire rated which allows the building to be placed on the property line. Mr. Hardy asked that the applicant be allowed to re-design and re-submit to the Planning Commission. He said he would need guidelines for redesign of the project. Mayor Parks asked if this plan complies with all the City Codes and Guidelines as well as those of SWAP. Mr. Thornhill answered it is in compliance. Mr. Hardy answered a question directed by Mayor Parks stating the project would be part of the Rancho California Business Center Association, which is a very restrictive CC & R Board. Don Goldberg, 22073 Loch Lomond, stated he is concerned that projects may be arbitrarily denied, even though they conform with all existing requirements. He stated it would be damaging to attracting future businesses to Temecula. Mayor Parks closed the public hearing at 8:03 PM. Councilmember Mu~oz asked if there should be concern as to the usage of this building when most of the surrounding use is office buildings. Mr. Thornhill answered there is mixed use in this area, and it should not create a problem. Minutes\ 10\02\90 -7- 11/15/90 City Council Minutes October 30° 1990 It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to sustain the applicant's appeal and direct that a resolution be prepared to address the Council's concerns regarding the placement of the trash enclosure, the manner in which the parking lot is screened with landscaping and the gross square footage of the buildings. 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 Lindemans suggested holding a joint City Council/Planning Commission meeting to discuss guidelines for approval and denial of projects. Councilmember Moore stated the Planning Commission has asked the City Council to provide them with architectural review standards and/or an architectural review committee to assist them. She suggested this could alleviate future problems. Gary Thornhill reported he will be bringing some design guidelines to Council in the future. Councilmember Mu~oz thanked the Planning Commission for bringing important issues to light so they can be worked out satisfactorily. RECESS Mayor Parks declared a recess at 8:20 PM. The meeting was reconvened following the CSD Meeting at 8:45 PM. COUNCIL BUSINESS Councilmember Mu~oz asked that Item No. 14 be considered out of order. 14. Proposals for Curb-side Recycling Program Minute=\10\02\90 -8- 11/15/90 City Council Minutes October 30, 1990 City Manager Dixon reported this agenda item is to be presented by Councilmember Mu~oz. Councilmember Mu~oz said he requested this item be on the agenda so that Council could give staff direction to begin the process of obtaining bids for a City-wide Recycling Program. He suggested a program where all recyclable materials would be placed in one container and all other items in another, In thereby making it necessary to sort each item individually. Councilmember Lindemans stated he would like the City to collect franchise fees for refuse collection just as soon as a franchise can be granted. Councilmember Moore said the City has recently joined the Solid Waste Generation Study with Riverside County and suggested waiting for the results of this study before embarking on a recycling program. When this study is complete, she suggested having the City Manager prepare RFP's to include curb-side recycling as well as franchising the haulers within the City. Councilmember Birdsall stated she felt this program should be done in its entirety, including the franchise agreement. She suggested surveying customers asking whether they would cooperate in implementing a curb-side recycling program because without the support of the public, this program can not be successful. City Manager Dixon stated that within 30 days he will have a RFP for Council approval, that will not only address curb-side recycling but also meet the AB939 requirements. He also expressed concern over loosing franchise fees and will work toward obtaining this as quickly as possible. Dick Gale, 41715 Cayente Court, Murrieta, stated he is a teacher at Temecula Valley High School, and is advisor of the Earth Club. He reported the Temecula Valley High School Earth Club has been involved in a recycling program and volunteered the school's support and help in educating the public, and helping in any manner needed. He also stated that Temecula Valley High School has contracted with Inland Valley Disposal to do office paper recycling, and asked the City to follow suit. City Manager Dixon asked Mr. Gale to include the City in the route, and stated the City will join the recycling program now. Jeff Haines, 40580 Via Diamante, Murrieta, President of the Earth Club at Minutes\l 0\02\90 -9- 11 I15~90 City Council Minutes October 30, 1990 Temecula Valley High School, asked the City to support a curb-side recycling program. He said many landfills across the Country are reaching capacity now, and work must be done to reduce the amount of refuse generated. Alan Ing, 29555 Avenida Del Sol, Vice President of Temecula Valley Earth Club, asked Temecula to lead the recycling movement in the County of Riverside. Janis Guymon, 28636 Front Street, representing Inland Disposal, requested that Inland Disposal have the opportunity to negotiate with the City on an exclusive agreement for hauling refuse and providing curb-side recycling. She stated a proposal has been prepared for the City which covers regular refuse hauling, curb-side recycling, a green waste program, a waste oil program and a household hazardous waste program. She said it addresses the records management program needed in order to meet AB939 mandates. She said Inland would make recommendations on the public relations and public education program and could have a program such as this up and running within 90 days. Councilmember Mu~oz recommended that a program be developed where a central location in the City would be established for collection of used oil. Mayor Parks stated he is very supportive of efforts to put together a complete franchise agreement. He said he would like to give the opportunity to all companies interested to present their proposal. Councilmember Lindemans asked staff to advertise so all haulers would have an equal chance to obtain the franchise. It was moved by Mayor Parks, seconded by Councilmember Birdsall to refer this matter to staff for recommendation within 30 days on request for proposals. 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 PUBLIC HEARING Minutes\ 10\02\90 -1 O- 11/15/90 Citv Council Minutes October 30, 1990 12. Change of Zone 5714, Conditional Use Permit 3046- Acro Mini-Mart Gary Thornhill, Acting Planning Director, reported there are two items before the Council. One is a change of Zone 5714, which is basically a consistency rezoning to get appropriate zoning on this property for the existing use. The other is a Conditional Use Permit for the addition of four pump islands and the extension of a canopy. He said the applicant requested that the change of zone be heard tonight, but requested the Conditional Use Permit be continued until the next Council Meeting. He stated the reason for this request is a concern of an adjacent property owner, and the applicant would like the opportunity to deal with the problem and then come back with the issue resolved. Mr. Thornhill recommended approving the zone change. Mayor Parks opened the public hearing at 9:20 PM. Larry Markum, 41850 Winchester Road, representing the applicant stated this was originally zoned MSC several years ago when this was a permitted use. He said MSC has subsequently been changed to eliminate this as a permitted use, thus the requirement by the County to change the zone to commercial which is consistent with SWAP. He stated the CPS designation recommended by staff is typically for property directly contiguous to a scenic highway and even though this is not directly contiguous, staff requested the CPS designation and the applicant has concurred. Mayor Parks closed the public hearing at 9:25 PM. It was moved by Councilmember Moore, seconded by Councilmember Birdsall to read by title only and introduce an ordinance entitled: ORDINANCE NO. 90-21 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 DEVEL OPMENTPERMIT NO. 57 14,, CHANGING THE ZONE FROM M-SC (MANUFACTURING SERVICE COMMERCIAL) TO C-P-S (SCENIC HIGHWAY COMMERCIAL) ON PROPERTY L OCA TED ON THE NORTHWEST CORNER OF WINCHESTER ROAD AND JEFFERSON AVENUE The motion was carried by the following vote: Minutes\l 0\02\90 -11 - 11/15/90 City Council Minutes AYES: 4 NOES: 1 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: October 30, 1990 Birdsall, Moore, Mu~oz, Parks Lindemans None It was moved by Councilmember Mu~oz, seconded by Councilmember Birdsall to continue Conditional Use Permit 3046 to the meeting of November 13, 1990. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Moore, Mu~oz, Parks NOES: 1 COUNCILMEMBERS: Lindemans ABSENT: 0 COUNCILMEMBERS: None COUNCIL BUSINESS 13. Contract Services for Ynez Corridor Project City Manager Dixon reported contract services are recommended for administration of the Ynez Corridor Mello Roos. He stated it is imperative that the City have someone to personally handle this project. He asked that the Council approve the recommendation for contract services with C. M. "Max" Gilliss. Councilmember Mu~oz asked how long this project will take. City Manager Dixon answered it could take three to five years. He stated in terms of Mr. Gilliss' services, they would be evaluated on a yearly basis. Mayor Parks asked if there is a ceiling limit on the cost of these services. City Manager Dixon answered a cap of $48,000 could be placed until fiscal year end. Councilmember Birdsall suggested the possibility of hiring a full-time employee to handle all assessment districts. City Manager Dixon said that Assessment Districts 161 and 159 are still administered by the County of Riverside. He explained the City will be taking Minutes\l 0\02\90 -12- 11/15/90 City Council Minutes October 30. 1990 over the administration of the Ynez Corridor Mello Roos. He said during the next 12 months, the City will hire a core staff for its own City Engineering Department and if the City has three or four assessment districts, it may be prudent to have a full-time employee assigned to these projects. It was moved by Councilmember Birdsall, seconded by Councilmember Lindemans to approve the City Manager's recommendation for contract services with C. M. "Max" Gilliss, with the stipulation that a maximum expenditure of $48,000 is authorized through the remainder of the fiscal year (June 30, 1991). The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 15. Personnel Reclassification City Manager Dixon introduced Shawn Nelson, Community Services Director, to present the report. Shawn Nelson described the organizational structure proposed for the Community Services District. He presented an organizational chart which has been supported by the Parks and Recreation Commission and stated three divisions; Parks, Park Planning and Development and Recreation are proposed. He recommended to Council that the position of Recreation Supervisor be changed to Recreation Superintendent to more fairly represent the responsibilities involved. He stated the Recreation Superintendent would be responsible for developing a city-wide recreation program as well as preparing and administering an operating budget and supervision of Recreation Supervisors, Recreation Leaders and other support staff. Councilmember Mu~oz said additional responsibilities should not be a function of expanding the job description, instead of changing the job classification. Minutes\ 10~,O2\90 - 13- 11 / 15/90 City Council Minutes October 30, 1990 Mr. Nelson stated the department needs to grow at a rapid pace, and this position will be vital in meeting the recreation goals of the community. He stated this position will need someone with the broad-based experience to handle these responsibilities. Councilmember Lindemans stated he would be voting "no" on this item for six months until an analysis of the first year budget can be made. Councilmember Moore asked if these positions will come from the general fund or the TCSD budget. Mary Jane Henry answered that funding for the necessary staff will come from the TCSD budget, the funding for which is collected through tax assessments. Councilmember Birdsall stated one of the most important projects identified by citizens was Parks and Recreation. She said the new Director needs staffing and the support of the Council to develop a program for the City. City Manager Dixon asked the Council to support Mr. Nelson in his request for adequate compensation and title for responsibilities and work to be performed. He reported that this salary recommended is seven percent below the "mean", in response to the Council's previous direction to hire at lower starting rates. Mayor Parks asked if there are additional educational requirements required for this position. Mr. Nelson answered a bachelors degree is required with three years of directly related experience. City Manager Dixon advised he will appoint this position at the lowest salary possible in keeping with the Council's previous instructions. It was moved by Councilmember Birdsall, seconded by Mayor Parks to adopt a resolution to reclassify the Recreation Supervisor position to Recreation Superintendent and to establish authorized positions, titles, and salary ranges for all City employees entitled: RESOLUTION NO. 90-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING FOR THE ESTABLISHMENT OF PERSONNEL POLICIES The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Moore, Parks Minutes\l 0%02\90 - 14- 11/15/90 City Council Minutes NOES: 2 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: October 30. 1990 Lindemans, Mu~oz None It was moved by Councilmember Moore, seconded by Councilmember Lindemans to continue the meeting until 10:30 PM. The motion was unanimously carried. 16. Status Report on AD- 159 and AD- 161 Mr. C.M. "Max" Gilliss, stated he has been asked to report on AD-159 and AD- 1 61. He reported the County of Riverside has the responsibility for completing these projects which are the largest local improvements in the State of California. These two projects propose to make improvements to almost all major roads east of I-15. The City will ultimately own and maintain these improvements and if delayed, the City will be impacted. He reported that several elements are now ready for bid, and a continuous stream of construction will take place over the next two to five years. Mr. Gilliss stated the widening of Winchester Road to six lanes, awarded last week to Maddage Brothers, from Ynez to Margarita Road. He said much has been learned by working through Assessment Districts 159 and 1 61, and a better level of communication between the principals exists. Councilmember Mu~oz asked what measures will be taken to mitigate adverse traffic conditions on Winchester Road during the construction period. Mr. Gilliss responded that this will be handled using detours around the project. Councilmember Mu~oz asked if traffic directors could be used? Mr. Gilliss stated this is expensive, but possible. It was moved by Councilmember Lindemans, seconded by Mayor Parks to extend the meeting to 11:00 PM. The motion was unanimously carried. 17. Improvement Fundin9 Reimbursement Agreement for Highway Construction Costs- AD- 161 Minutes\l 0\02\90 - 15- 11/15/90 City Council Minutes October 30, 1990 Mr. Gilliss reported this item makes two recommendations to the Council. The first is that the City lend County Assessment District No. 161, 9750,000, with repayment to be made through an improvement funding agreement from funds to be generated through the sales of AD-161 Group C Bonds. The second is that the City exchange it's proposed interim improvement project of Winchester/Nicolas Road Intersection in consideration of inclusion of the permanent improvement of Winchester/Nicolas Road in a contract already awarded and underway. Mr. Gilliss stated he would be happy to answer questions. Councilmember Birdsall asked if instead of doing the "bandaid" as suggested, the City go to Maddage Corporation and make it inclusive in their contract? Mr. Gilliss answered this can be done, but has not been approved. He explained that the interim improvements have to go through the same approval steps as the permanent improvements, and therefore the permanent improvements can be accomplished in the same time frame. Councilmember Moore asked when the County is expected to issue the Group C bonds? Mr. Gilliss answered the expected time frame is January. He said it is possible that the City may not need to make the 9750,000 available but this is the only currently available method to move this project forward. Councilmember Lindemans asked if the City has these funds available? City Manager Dixon answered the City has the funds, however he does not purpose to use general funds, but rather would obtain a short term loan and be reimbursed 100 percent by the County. Mr. Dixon stated the County has 950,000,000 in investments from Series B bonds. He said their Bond Council can use funds to build items scheduled for Series C bond funding. He stated it has been the position of the Road Commission not to do this. Mr. Dixon said it is his intent to persuade them that B Bond money be used. He said if the worst case prevails, the City can get a short term loan, which will be reimbursed. Mayor Parks asked if this 9750,000 includes the 9150,000 "bandaid program". Mr. Gilliss stated this will include all improvements. City Attorney Field stated the 9750,000 is to widen Winchester from Ynez to Margarita. He stated the funds are available in series B to construct the improvements from Nicolas to Winchester, however, no contract has been awarded for that work. He explained, this is where the change order to the Maddage Contract, which is for Winchester Road from Ynez to Margarita Minutes\ 10\02\90 -16- 11/15/90 City Council Minutes October 30. 1990 comes in. He said the City intends to obtain a change order so that the work can be done concurrently. It was moved by Councilmember Mu~oz, seconded by Councilmember Moore to approve staff recommendation as follows: 17.1 Authorize the Mayor to execute an agreement, between the City of Temecula and the County Assessment District No. 1 61, to lend the sum of $750,000 with repayment to be made from funds to be generated through sale of AD-1 61 Group C bonds/. 17.2 Exchange presently proposed interim improvement project for the Winchester/Nicolas Road intersection in consideration of inclusion of the permanent improvement of Winchester/Nicolas Road in a contract already awarded and underway. 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 CITY MANAGER REPORTS None given. CITY ATTORNEY REPORTS City Attorney Field requested that the meeting be adjourned to a closed session to be held on November 13, 1990, at 6:30 PM, to consider Outdoor Media Group and Jones Intercable litigation. CITY COUNCIL REPORTS Minutes\lO\02\90 -17- 11/15/90 City Council Minutes October 30, 1990 Councilmember Birdsall requested that the "Sister City" and "Discretionary Funding" Committees schedule meetings. She also requested that staff look into getting the freeway population signs corrected. Councilmember Mu~oz announced that a high ranking Japanese dignitary will be visiting Temecula on November 9, 1990, and asked the Council to consider a Japanese City as a "Sister City". Councilmember Lindemans announced he chaired the first meetings of the Parks and Recreation Commission, where Mike Kirby was named Chairman, the Traffic Commission, with Knox Johnson as Chairman and the Public Safety Commission, with Joe Schneider as Chairman. Councilmember Lindemans requested the matter of the excessive exhaust from school buses parked at the Temecula Valley High School be looked into since it severely impacts the adjoining residences. ADJOURNMENT It was moved by Councilmember Mu~oz, seconded by Councilmember Moore to adjourn at 11:00 PM, to a meeting November 13, 1990 at 6:30 PM for an Executive Session, pursuant to Government Code Section 54956.89 to discuss matters relating to litigation in the case of Jones Intercable and Outdoor Media Group. The motion was unanimously carried. ATTEST: Ronald J. Parks, Mayor June S. Greek, Deputy City Clerk Minutes\l 0\02\90 - 18- 11/15/90 ITEM NO. 3 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 $542,243.68. SECTION 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOFrED, this 271h day of November, 1990. Ronald J. Parks, Mayor ATTEST: June S. Greek, Deputy City Clerk [SEAL] 3/Reaoa 115 11/20/90 LIST OF DEMANDS 11-27-90 DATE CHECK NO. VENDOR DESCRIPTION AMOUNT 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 1-27-90 ~1-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 11-27-90 1-27-90 1-27-90 11-27-90 6055 6056 6057 6058 6059 6060 6061 6062 6063 6064 6065 6066 6067 6068 6069 6070 6071 6072 6073 6074 6075 6076 6077 6078 6079 6080 6081 6082 6083 6084 6085 6086 6087 6088 6089 6090 6091 6092 6093 6094 6095 6096 6097 6098 6099 6100 6101 6102 6103 BORLAND UPGRADE OF SOFTWARE BURKE, WILLIAMS & SORENSEN PROFESSIONAL SERVICES BUSINESS ONE IRWIN EDUCATIONAL BOOKS CA. SOCIETY OF MUNI FINANCE OFFICERS MEMBERSHIP DUES CALIF. MUNICIPAL STATISTICS, INC. CITY OF MORGAN HILL THE CALIFORNIAN LISA CARTER CASH REGISTER SYSTEMS COMFORT INN COUNTY SUPPLY SERVICES COPY LINE DAVLIN DICKSON FEDERAL EXPRESS FIRST AMERICAN TITLE CO. GRAFFITI REMOVAL SERVICES C & C LOCKSMITH GTE GTEL IDEAS FOR EFFECTIVE MANAGEMENT KUSTOM SIGNALS, INC. HENRY, MARY JANE LEAGUE OF CALIFORNIA CITIES LIGHTFOOT PLANNING GROUP MANAGEMENT RESOURCE ASSOC. MARILYN'S COFFEE SERVICE MCCANN PRINTING SERVICE JOHN MCTIGHE & ASSOC. MORNINGSTAR MUSICAL PRODUCTIONS MOORE, PEG MUNOZ, SAL NELSON, SHAWN NICK TAVAGLIONE CONSTRUCTION ORANGE COUNTY STRIPING SERVICE PARKS, RON PEAT MARWICK PEREA, ROSE PHILIP L. ANTHONY, INC. THE PHONE MAN THE PRESS ENTERPRISE RAN-TEC RESERVATION DEPARTMENT-RED LION INN RIVERSIDE OFFICE SUPPLY SILVERWOOD DEVELOPMENT, INC. SIR SPEEDY PRINTING SERVICE SOUTHERN CALIF. TELEPHONE CO. TOWNE CENTER STATIONERS VARGAS, GEORGE & MARGARET CAFR REPORT PRINTING LITERATURE PUBLIC HEARING NOTICES MILEAGE REIMBURSEMENT INK CARTRIDGE FOR CASHIER LODGING IN LIEU OF MILES SURVIVAL KIT FAX MACHINE AND PARTS AUDIO & VIS. FOR MEETINGS STREET SWEEPING PRIORITY PACKAGES PARKS LIGHTING PROJECTS REMOVAL SERVICES REMOVE KEY FROM DOOR PHONE BILL RENTAL EQUIPMENT PERSONNEL STAFF SUPPORT RADAR GUNS MILEAGE REIMBURSEMENT REGISTRATION FEES LANDUSE INVENTORY PROFESSIONAL SERVICES COFFEE SERVICE PRINTING NEWSLETTER FEE TRANSFER & GANN LIMIT CHRISTMAS ENTERTAINMENT TRAVEL REIMBURSEMENT MILEAGE & TRAVEL MEALS AND TRAVEL REIMBURS REFUND FOR OVERCHARGE WORE DONE ON RANCHO CALIF TRAVEL,REGISTR,MILES REIM AUDIT OF GEN.PURP.FINAN.S MILEAGE REIMBURSEMENT SPHERE OF INFLUENCE ADDING PHONE LINE CLASSIFIED & PUB.NTC RUBBER STAMP FOR CASHIER REGISTRATION FEES OFFICE SUPPLIES REFUND OF OVERCHARGE INSPEC. NTCS & CASH REC. CELLULAR PHONE BILL DESK, HUTCH, PRINTER STND REFUND OF OVERCHARGE $79.95 $3,955.07 $64.52 $15.00 $350.00 $55.00 $99.95 $27.75 $73.09 $46.16 $149.78 $5,711.13 $918.32 $900.00 $142.25 $75.00 $276.00 $32.00 7,502.66 $482.32 $1,062.50 $3,404.25 $29.50 $465.00 $16,507.85 $3,400.00 $19.00 $507.06 $940.50 $300.00 $457.86 $392.36 $91.71 $3,025.00 $1,685.00 $542.88 $5,000.00 $29.30 $1,448.75 $51.00 $386.67 $14.95 $165.36 $1,910.41 $1,589.53 $435.62 $128.62 $544.25 $42.40 DATE CHECK NO. 11-27-90 6104 11-27-90 6105 11-27-90 6106 11-8-90 LIST OF DEMANDS 11-27-90 VENDOR WALL STREET JOURNAL WILLDAN ASSOCIATES WINDSOR PARTNERS PAYROLL TOTAL PAYROLL & LIST OF DEMANDS I~~eby cert.'~.t~~e fT i go ng Prepared by Alicia Thorsborne is true and correct. DESCRIPTION AMOUNT SUBSCRIPTION FEES $129.00 B&S,ENG,PLNG,4 JULY-SEPT.S434,038.27 DEC.RENT-NOV.CAM $13,173.39 $29,369.74 $542,243.68 ITEM NO. 4 ORDINANCE NO. 90-22 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 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 rime 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. 5611 and in the above rifle, and as shown on zoning map attached hereto and incorporated therein. 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 ADOFrED this 271h day of November, 1990. ATTEST: Ronald J. Parks, Mayor June S. Greek, Deputy City Clerk [SEAL] 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 Ordinance No. 90-22 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 13th day of November, 1990 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 27th day of November, 1990 by the following vote, to wit; AYES: C OUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, Deputy City Clerk APPROVAL CITY ATTORI~FEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department November 13, 1990 Change of Zone No. 5611 Vesting Tentative Tract Map No. 2500z~ PREPARED BY: Mark Rheades R ECOMMEN DAT I ON: Adopt Negative Declaration Adopt Ordinance No. 90- 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. 2500~ to subdivide approximately 59.0 acres into 135 single family lots, and Change of Zone from R-R to R-1. LOCAT I ON: Northeast corner of Seraphina Road and Rita Way. EXISTING ZONING: R-R I Rural Residential) SURROUNDING ZONING: North: South: East: West: SP ( Specific Plan ) R-R I 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\VTM2500z~ 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: IVtinimum Permitted Lot Size: Proposed Density: SWAP Density: ~2.~ 7,200 sq. ft. 7,200 sq.ft. 2.3 units/acre gross 2-~ units/acre Zone Chanqe 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 end four (q) 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. 2500zi 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 lqO. 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, STAFFRPT\VTM2500~ 2 5CE easement area). The final issue raised by the commission concerned airport impact. The project has b::n 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. 2500~; 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- approving Vesting Tentative Tract Map No. 2500q. based on the analysis and findings contained in the Staff Report and subject to the attached Conditions of Approval. MR:ks Attachments: o Exhibit Ordinance Resolution Conditions of Approval Planning Commission Staff Reports { September 17 and October 15, 1990 ) Planning Commission Minutes I September 17 and October 15, 1990 ) STAFF R PT\ VTM2500~ 3 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: VTTM 2500q The following fees were reviewed by 5taft relative to their applicability to this project. Fee Habitat Conservation Plan I K-Rat) Parks and Recreation I 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. 2~ Condition No. 57 Condition No. ~ Condition No. 21 .a. Condition No. 12 Condition No. 11 PLANNING\MLI3 ~ ' ii ::ill{ill: ITEM NO. 5 APPROVAL CITY ATTORNEY FINANCE OFFICER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Engineering Department November 27, 1990 Substitution of Bonds For Construction of Storm Drains in Tract No. 23371-1 and No. 23371-2 PREPARED BY: Robert R ighetti RECOMMENDATION: That the City Council accept bonds for streets and drainage, water system, sewer system, and subdivision monuments for Tract Nos. 23371-1 and 23371-2 as substitutes for bonds previously submitted to the Riverside County Board of Supervisors on March 19, 1990 and to direct the City Clerk to so advise the Clerk of the Board of supervisors of said substitution. DISCUSSION: As a Condition of Approval for the subject tracts (Tract Nos. 23371-1 and 23371-2), the City Council approved the Final Tract Maps on March 27, 1990, and the Board of Supervisors executed the agreements and accepted the faithful performance and materials and labor bonds. The developer requests that, due to a change in surety, a new set of bonds be substituted for the bonds accepted by the Board of Supervisors. A similar substitution of bonds for storm drain construction in Tract 23371 was approved by the City Council on November 13, 1990. STAFFRPT\TR23371.-1 1 The bonds on file were furnished by Insurance Company of The West: Cateqory Streets & Drainage Water System Sewer System Survey Monumentation Cate,qory Streets & Drainage Water System Sewer System Survey Monumentation TRACT NO. 23371-1 Bond Number 115 17 72 115 17 72 115 17 72 115 17 71 Faithful Performance Amount $995,000.00 343,500.00 119,000.00 $ 21,000.00 TRACT NO. 23371-2 Bond Number Faithful Performance Amount Material 8 Labor $497,500.00 171,750.00 59,500.00 Material & Labor 115 17 79 $180,000.00 $ 90,000.00 115 17 79 47,000.00 23,500.00 115 17 79 35,500.00 17,750.00 115 17 80 $19,900.00 The bonds offered in substitution are furnished by Allied Mutual Insurance Company: TRACT 23371-1 Cateqory Streets 8 Drainage Water System Sewer System Survey Monumentation Bond Number Bd 7900 534981 Bd 7900 534981 Bd 7900 534981 Bd 7900 534982 Faithful Performance Amount $995,000.00 343,500.00 119,000.00 $ 21,000.00 Material Labor $497,500.00 171,750.00 59,500.00 STAFFRPT\TR2 3 3 7 1. - 1 2 Cateqory Streets & Drainage Water System Sewer System Survey Monumentation TRACT 23371-1 Bond Number Bd 7900 534980 Bd 7900 534980 Bd 7900 534980 Bd 7900 534983 Faithful Performance Amount $180,000.00 47,000.00 35,500.00 $ 19,900.00 Material & Labor $ 90,000.00 23,500.00 17,750.00 FISCAL IMPACT: Not determined. SUMMARY: Staff recommends that the City Council ACCEPT the substituted bonds for streets and drainage improvements, water and sewer systems, and subdivision monumentation in Tract Nos. 23371-1 and 23371-2; and DIRECT the City Clerk to advise the Clerk of the Board of Supervisors of said substitution of bonds. RR:ks Attachment: Location Map STAFFRPT\TR2 3 3 7 1. - 1 3 le IllhlellCl, I i':e Io la- D,ele c i" VICINITY N.T.S. MAP The Bu ie Corporation ' ~2~. .'.E:E' ~L~',~2 2~' .~ -2 *£ _'2,5' 5'-', C ESC :-:. ::P~, ':. ~2'Z' ;")~ -;8' October 26, 1990 Mr. A1 Crisp Engineering Dept. CITY OF TEMECULA 43180 Business Park Drive Temecula, CA 92390 REPLACING BONDS FOR TRACTS 23371-1 AND 23371-2 Dear Ai: I am enclosing to you four original bonds which are to replace bonds currently being held in the City Clerk's Office. These new bonds are for the same amounts, areas and descriptions of work as those they are to replace; we have simply changed bonding companies. The previous bonds were issued through Insurance Company of the West (ICW) and these new bonds have been issued through Allied Mutual Insurance Company (Allied). A chart is attached showing this replacement transaction for your reference. Please place this request before the City Council on the November 13 meeting. If you need any further information, please contact me at our San Diego office at (619) 487-3050. Thank you. Sincerely, Carol Ford Project Coordinator /cf enclosures: 4 original bonds 1 reference chart cc: June Greek, City Clerk (w/enclosures) Tim Serlett, City Engineering Dept. (w/o enclosures) Jim Resney, The Buie Corp. (w/o enclosures) TEMEKU COUNTRY CLUB NEW BONDS REPLACES THESE BONDS Tract 23371-1 #7900 534982, Monument Bond for $21,000 issued by Allied #7900 534981, Faithful Performance Bond for $1,457,500 issued by Allied #7900 534981, Material & Labor Bond for $728,750 issued by Allied Tract 23371-1 #115 17 71, Monument Bond for $21,000 issued by ICW #115 17 72, Faithful Performance Bond for $1,457,500 issued by ICW #115 17 72, Material & Labor Bond for $728,750 issued by ICW Tract 23371-2 #7900 534983, Monument Bond for $19,900 issued by Allied #7900 534980, Faithful Performance Bond for $262,500 issued by Allied #7900 534980, Material & Labor Bond for $131,250 issued by Allied Tract 23371-2 #115 17 80, Monument Bond for $19,900 issued by ICW #115 17 79, Faithful Performance Bond for $262,500 issued by ICW #115-17 79, Material & Labor Bond for $131,250 issued by ICW SUBDIVISION MONUMENT COUNTY OF RIVERSIDE STATE OF CALIFORNIA (Government Code 66496) BONDING COMPANY ALLIEDMutual Insurance Contk3ny ADDRESS CITY BOND TRACT/PARCEL MAP NO. 23371-1 BOND NO. Bd 7900 534982 P.O. Box 1820 LaMesa, CA 92044 PRINCIPAL Margarita Village Development Co. ADDRESS CITY KNOW ALL MEN BY THESE PRESENTS: BjieF~C~lifon-LiaLtd. (a ltd. pert.) &DL~_F~Califc~Lbd. That (a ltd. lzk3rt.) a joint~tt~cl3aIv)~L~-ita~ll~.D~]qmB~tCo~a~y , Subdivider, as Principal, and ALLZED Mutual Insurance Comsanv , a CorDoration, as Surety, are hereby jointly and severally bound to pay to the County of Riverside the sum of ?wenty one ~"nousand and no/lO0 $ 21,000.00 The condition of this obligation is that whereas the Subdivider, as a condition of the filing of the final subdivision map of (Tract/Parcel Map} 23371-1 , entered into an agreement with said County to set Survey Monuments and Tie Points in said tract and furnish Tie Notes therefor and to pay the engineer or surveyor performinq the work, in full, within 30 days after completion. NOW, THEREFORE, if the Subdivider shall well and truly perform said agreement during the original term thereof or of any extension of said term that may be granted by the County of Riverside, with or without notice to the Surety, this obligation shall be void, otherw' it shall 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 taxes as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no chanqe, 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 obligations on this bond, and it does hereby Waive notice of any such change, extension of time, alterat or addition to the terms of the agreement or to the work or to the specifications. Dated: October 19, 1990 NAME OF PRINCIPAL: .ELde ~ Califorrda Lbsl. (a lbsl. l~rt.) & It=-ca~ Ra~c~o C~liforrda L~. (a lizt. D-tort. ) a joint ~nture olin M~ta Vi 1 lal~'_ D~t ComenV / AUTHORIZED SIGNATURECS): ~: T~," ~,%; %a , d.~,~. Ca~.~). Ug..°, Ca~i~8~,i ~ e~ pa~t,~sh~p / Vice President~ ~ Assist~A~ Secretary Title (IF CORPORATIO , AFFIX SEAL) AUTHORIZED SIGNATURE: Title Keith E. Cl~nts (IF CORPORATION, AFFIX SEAL) STATE OF CALIFORNIA CERTIFICATES OF ACKNOWLEDGEMENT 5~TATE 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 wdtten. (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, I"] secretary, on behalf of the corporation therein named and acknowledged to me that the corpo- ration executed it. Witneas 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 Di ego ) CORPORATION On this 19th day of October in the year 199____9_0, before me Sher='y' Hoffman a notary public, personally appeared Kei th R. Cl~T~nts 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. m_y_ha~n_d _an~d_o~fic_ia~l s~e~al pn t_he_d_ay~ and year above written. HERRY HOFFMAN ' 8d ~4 H-87) ~ NOTARY PUBUC 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-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 ~t~R~ C. HANSON Notan/Public-California SAN D~EGO COUNTY ~ Cernn'L~i~ F. xp~e~ June24. 1994 NOTARY PUBLIC Power of Attorney KNOXV ALL MEN BY THESE PRESENTS 'Fhal ALLIED Mutt,al Insurance Company, a corporation organized under tile laws or the State or Iowa, with its principal office in the City of Des Moines, Iowa, hereinaftcr called 'Company', does hereby make, constitute and appoint KEII'It F.. CLE~IENTS STEVEN w. DOBSON Si!ERRY HOFF~IAN ELIZABETH il. WOOD MICIIAEL w. TliO~'IAS 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 tradertakings and other obligatory instruments of similar nature (except bonds guaran- teeing the payment of principal and interest of notes, mortgage bonds and morlgages) in penalties not exceeding the sum of ( S 4,000,000.00 ) and to bind tile 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 or Attorney is made and executed pursuant to and by authority of the following By-Laws duly adopted by the Board of Directors or 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 Corporation shall be validly executed and binding on the Corporation when signed by the President, or a Vice President, or by Attorney(s)-In-Fact appointed by the President, or b.v 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 accomplished by Powers of Attorney signed by the President, or a Vice Pres- ident. 'l'his Power or 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 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 or Attorney is allached 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 President.' 'Section 5. It shall not be necessary to the valid execution 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(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)-In-Fact to act for the Corporation, or of any certificate to b{ executed by the Secretary, or an Assistant Secretary, as hereinabove in Section :~, 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 afTix the corporate seal, and a facsimile corporate seal affixed to any such instrument shall be ~ effective and binding as the original seal.' 'Section e. A facsimile signature or 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 ~ fatstrade signature of the Secretary, or of an Assistant Secretary to any certificate 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 shtdl be of the same validity as that of an e:~isting officer, when affixed to any policy or endorsement, any bond or undertaking, any Power of Attorney or certificate, as herein in Section I, 2, 3 and 4 provided.' IN WITNESS WHEREOF. tile Company has caused these presents to be signed by its President and its corporate seal to be hereunto affixed ~is O3 day of ,=.{~UGUST 1990 #~.T;-.:;~;~ ALLIED MUTUAL INSURANCE COMPANY STATE OF IO~VA ~:::.S..~?J By: ~mCx~lm ' President COUNTY OF POLK ss q~'!,:i..'~:l ~"~ On this 03 day of AUGUST ,~'~'90, before e personally came John E. Evans, to me known, who, being by me duly sworn, pursuant to authority given by the Board of Directors of said corporation and thai he has sig ed his name thereto pursuant to like author- ity, and acknowledged the same to be the act and deed or said corporation. 2~Zf~or~v S. A. Denning · "':, S.A. DENNING Notary Public in a uY COuu,SS,ON CERTIFICATE !. the undersigned, Secretary of ALLIED 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, 4, 5, 6 and 7 of Article IX of the By-Laws of the Company set forth in said Power of AItorney are still in force. have subscribed my narne and affixed the seal or the compan this 19th day of October 19 90 ' °~"'"". This Power of Attorney expires ~'~.";"'t.i ' Secretary 007Z6 08103193 Bd I (06-89) O0 Insurance BOND RIDER NO. To be attached to and form a part of Bond No. Bd 7900 534982 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 ~uie Rancho Caltforni~ Ltd. (a ltd. part.) & Nevada Rancho California Ltd. {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 ~//~ UR CE COMPANY STATE OF CALIFORNIA ) SS. County of ) On this day o( a notary public, personally appeared STATE OF CALIFORNIA CERTIFICATES OF ACKNOWLEDGEMENT 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 ot 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 I"l 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 wdlien. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) SS. County of San D'iego ) On this 22rid day of Octobe_r a notary public. personally appeared CERTIFICATE OF ACKNOWLEDGEMENT CORPORATION 1990 Shez. 2.'y' Hoffman in the year __, before me Keith E. C1 ~me. nts 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. Witne.s~O}-v h~nd_az:~ ~nfficiaL ~=1 Dn-.~"mazt..~',,'L! ear above wdtten. SHERRY HOFFMAN ~ - F , ~N DIEGO ~U ~ ' ~ ~ ~, ...... My ~t~ E=p Au8 28, I~Z ) 294 (1-87) ~ 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-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 ~ C. HANSON Notory Publlc-Collromla SAN DIEC-:-~ COUNTY IVn/Con"tnL~on Expke.,s ,June 24. 1994 NOTARY PUBLIC Power of Attorney KNO\V ALL MEN BY TIIESE I~RESEN'FS That ALI. IED Mutual Insurance Company, a corporation organized under the laws of the State of Iowa, witIt iLs principal office in the City of Des Mojncs. Iowa, hereinal~.er called 'Company'. does hereby make, constitute and appoint KEITII E. CLEMEN'rS STEVEN W. DOBSON ~IIERRY HOFF~IAN ELIZABETli H. WOOD MICIIAEL XV. TIIO~IAS LA MESA, CA each in his individual capacity, ~ true and l~vFul AttorneT-In-Fact with full power and ~uthority to sign, seal, and execute in i~ behalf any and all bonds and under~kings and o~er obligatory instrumenB of similar nature (except bonds guaran- teein~ U~e payment oE principal and interest or notes, mortgaSe bonds and mortgages) in penalties not exceedins 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 ~e duly authorized officers of the Company; and al[ ac~ of said Attorney pursuant to ~e au~ority hereby given are hereby ratified and con- firmed. This Power of Attorney is made and executed pursuant to and by au~ority of the following By-Laws duly adopted by the Board or Directors of ~e Company. ARTICLE IX - EXECUTION OF CONTRA~S 'Section 2. Bonds, undertakings, and other obligatory in{truments of ~imjlar 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)-In-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 ~rsons. as Attorney(s)-ln-Fact to act on behalf of the Corporation in the execution of bonds, undertakings, and other obligatory instruments or similar nature, other than policies and endorsements with full power to bind the Corporation by their ~ignature and execution or any such instru- ment. The appointment or ~uch Attorney(s)-ln-Fact shall ~ accomplished by Powers of Attorney signed by the President, or a Vice Pres- ident. 1'his 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, i~ 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 va[jd and binding obligation of the Corporation, according to its terms, when executed by Attorney(s)-In-Fact appoint~ by the President or a Vice President.' 'Section 5. It shall not ~ necessary to the valid execution and binding effect or the Corporation of any bond, undertaking. or obligatory instrument of similar nature, other than poiicje~ and endorsements, signed on ~half of the Corporation by the President, or a Vi~ President. or Attorney(s)-ln-Fact appointed by the President. or a Vice President. or any Power of Attorney executed on behalf of the Corporation appointing Attorney(s)-In-Fact to act For the Cor~ration, or of any certificate to ~ executed by the Secretary, or an Assistant Secretary, as heroinabove in Section 2.3, and 4 of this Article provided, that the corporate seal ~ affixed to any such instrument but the ~rson authorized to sign such instrument may affix the Forporate seal, and a facsimile corporate seal affixed to any such instrument shall ~ as effective and binding a~ the original seal.' 'Section ~. A facsimile signature of the President. or of a Vice President, a~xed 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 ] provided. or a facsimile signature of the Secretary, or of an Assistant Secretary to any ~rtificate as herein provided, shall ~ 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 ~ of the same validity a~ that or an existing officer, when affixed to any policy or endorsement, any bond or undertaking. any Power of Artorgy or ~rtificate, as herein in Section I, 2, ] and 4 provided.' IN WITNESS WIIEREOF, ~e Company has caused ~ese presenB to be signed by its President and iB corporate seal to be hereunto a~xed Ufis 03 day of .~UGUST 1990 ~.:;:;.~.~ ALLIED MUTUAL INSU~NCE COMPANY ~::' '~ - - - ~ . ~ ' ' ' , ,' a v pursuant to authority given by the Board of Directors of said corporation and that he hB si8 ed hi~ name thereto pursuant to like author- ity, and acknowledged the same to be the act and deed of sa~ corporation. 5. A. Denning $":'~ S.A. DENNING No~ry Public in ,a : ~; MY COMMISSION EXPIRES ~' 4- ~ 3-92 CE RTI F I CAT E I, the undersigned, Secretary of A LLI E D Mutual [nsurance Company, a corporation organized under the laws of ffie State of Iowa, do hereby certify that tl~e foregoing Power of Attorney is still in force, and furtl~er cer~ry that Section 2, 5, 6 and 7 of Article IX of the By-Laws of U~e Company set forth in said Power of Attorney are still in force. have subscribed my name and a~xed II~e seal of ~e compan ,19 90 this 22nd day or ~to~r This Power of Attorney expire~ ~;~Z;.;3'~i Secretary 007Z6 08/03/93 Od I (06-89) 00 F A I T H F U L P E R F O R M A N C E B O N D County of Riverside, State of California (Government Code Section 66499.1) FOR: Streets & Drainage Water System Sewer System 995,000.00 343,500.00 119,000.00 Tract No. 23371-1 Parcel Map No. Bond No. Bd 7900 534981 Premium $10,203.00 Surety ALLIED Mutual Insurance C.crmpany Principal ~argarita Village Develo.L~Tent 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 Rancho c~liform~, Ltd. (a ltd. part. ) & Nevada Rancho California Ltd. (a ltd- oart. ) a ~oint venture dba Marcarita Vi!lace Development Company (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 23371-1 , 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 AiLiEDMutualInsurance Oompan. y , as surety, are held and firmly bound unto ~qe County of Riverside, in the penal sum of OneMillion ~urHundred Fift- SevenThousand Five Hundred and no/100 Dollars ($1.457,500.00 ) 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 ~lis 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 ~he 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 ~f~=aa L~i. (a 1~..=e~.) a joint ~mnme a~_ ~j~i~V~Ze~_ Sea!u~.L~LL ~. AUTHORIZED SIGNATU~ (S): By The "u(~ ~nr~ra~nn, a ~l {~nrn{a CnrDnr~(nn. ~n~ral Partner .,-' ~Ttle Vice Title Assistant Secretary ( IF CORPORATION, AFFIX SEAL ) ,. President bIA~iE OF SURETY: Nr.~ ~it~At~ AUTHORIZED SiG~IATURE: Title Faith E. Clements (IF CORPORATION, AFFIX SEAL) ATTACH NOTARIAL ACKNOWLEDGEMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY- iN- FACT. 2 STATE OF CALIFORNIA CERTIFICATES OF ACKNOWLEDGEMENT STATE OF CALIFORNIA ) SS, County of ) On this day of a notary public. personally appeared in me 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 ~, be~'ore me , a notary pubtic, personally appeared personatly known to me, or proved to me on the basis of satisfactory evidence, to be the person that executed this instru- merit, on behatf ol' the partnership and acknowledged to me that the partnership executed it. Witness my hand and official seal on the day and year above wdtten. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF AC;'(NOWLEDGEMENT 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 ot satisfactory evidence, to be the person who executed the within instrument as Q president, [] secretary, on behalf of the corporation therein named and acknowledged to me that the corpo- ration executed it. Witness my i~and and official seal on the day and year above wntten. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT ss. County of San D~-eGo ) CORPORATION On this ]-gth day of October' in the year ~990 before me a nota~ pui~lic, personally appeared ~,e~ th ~. C;[6xrc~nt'~ personally known to me, Or proved to me on the basis ot 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 wntten. ' ,,,,,,,.,,, 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 MARGAR!TA 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. OFRCIAL S~,AL MARIA C. HANSON Notary Pul3gc-Ccitotrtla ~N ~ C~ ~24. 1~ NOTARY PUBLIC Power of Attorney KNOXV ALL MEN BY THESE PRESENTS That ALLIED Mutual Insurance Company. a corporation organized under the laws of the State of iowa. with its principal oilice in the City of Des Moines, Iowa. heroinafter called 'Company'. does hereby make. constitute and appoint KEITtt E. CLEME,NTS STEvE.N w. DOBSON' ~HERRY HOFFMAN ELIZABETH H. WOOD ~IICHAEL W. THOMAS LA MESA, CA each in his individual capacity, its true and la~l'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 4,000,000.0n ) 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 bindrag on the Corporation when s~gned 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 o~her persons, as Attorney(s)-ln-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 appomtment of such Attorney(s)-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 duty adopted by the Board of Directors of the Company. ARTICLE IX - EXECUTION OP CONTRACTS 'Section 4. 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 obligauon 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 execut,on and binding effect of the Corporation of any bond. undertakingS, or obligatory instrument of similar nature, other than policies and endorsements, signed on behalf of the Corporauon by the President. or a V~ce President, or Attorney(s)-In-gact appointed by the President, or a Vice President. or any Power of Attorney executed on behalf of the Corporation appointing Attorney(s)-in-Fact to act for the Corporation. or of any certificate to be executed by the Secretary, or an Assistan~ Secretary, as heroinabove in Secuon l, 3, and 4 of this Article provided, that the corporate seal be ~t'mxed ~o :my such instrument but the person authorized to sign such rostrumeat may affix the corporate seal, and a facsim,le corporate seal affixed to ~ny such instrument shall be as efrecuve and bidinS as the original seal.' 'Secuon 6. A facsimile signature of the President, or of a Vice President, affixed to any bond. undertaking, or obligatory instrument of sirrtilar nature, other than policies and endorsements, or to a Power of Attorney s~gned by such President, or a Vice President. as heroin in Sectins I and .t provided, or a facsimile signature of the Secretary, or of an Assistant Secret~'y to any certif'tcate ~ heroin in Section provided, shall be eF~'ective and binding upon the Corporation with'the same force and effect ns the origin~.l signatures of any such ot'tlcers." 'Section 7. A Facsimile signature of a former officer shall be of the same validit), as that of an existing officer, when affixed to a~y policy or endorsement, any bond or undertaking. any Power of Attorney or certificate, ~ herera in Sectran l, 2.3 and ,t provided.' IN WITNESS WHEREOF. Ute Company has caused these presents to be signed by its President and iLS corporate seal to be hereunLo affixed this 03 day of $,~UGUST 1990 #~;~::.)~ ALLIED'MUTUAL INSURANCE COMPANY t~;" On this 03 day of AUGUST ,'I~'90 , before personally came John E. Evans, to me known. who, being by me duly sworn, pursuant to authority given by the Board of Directors of said corporation and that he has gig ed his n~me thereto pursuant to like author- ity, and acknowledged the same to be the act and deed of said corporation. ~d'F~or~v S. A. Penning -"'1':- S.A. PENNING Notarv Public in d a i ~ ~ MY COMMISSION EXPIRES ' ,e-, ,~-13-g2 CERTIFICATE I, tee undersigned, Sccretary of ALLIED 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 U~e Company set forth in said Power of Attorney are still in force. IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal ofthe company this lgth. day of October ~~ This Power of Attorney expires Secretar}',~,~ 001'16 08/0~)/93 Bd I (06-~9) 00 MATERIAL AND LABOR BOND County of Riverside State of California (Covernment Code Section 66499.1) FOR: Streets & Drainage $497,500.00 Water System $171,750.00 Sewer System $ 59,500.00 Tract No. 23371-1 Parcel Map. No. Bond ~]o. Bd7900 534981 Premium INCLUDED Surety ALLIED ~Mutua! Ins.urance Cc~p~any Principal Margarita Village Development Co. Address P.O. Box 1820 Address City La ~Esa, CA 92044 City WHEREAS, the County of Riverside, State of California, and' Buie Rancho California, Ltd. (a ltd. part. ) & Nevada Rancho California Ltd. (a ltd. oart. ) a ~oint venture dba Mar~arita V~ !]a~e Deve!o~n~nt Company , (heroinafter designated as "principal") ~ave 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. 23371-1 , 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 pa.vment 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 agreement and referred to in the aforesaid Civil Code in the sum of Seven Hundred Twenty Eight Thousand Seven Hundred Fifty and no/100 Dollars ($728,750.00 ) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding t~he amount hereina~ove set 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. II: WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on October 19 , 19.90 . NAME OF PRINCIPAL: Baie~hoC~l~Fel-aaLtd. (a l~.c~rt.) AUTHORIZED SIGNATURE(S): NAME OF SURETY: AUTHORIZED SIGNATURE: j,~, Title Vice Presiden , ) ' Title Assistant Secretary (IF CORPbRATION, AFFIX SEAL) ALLIED Mu~U in~ v ITS ~~~>-I~ Keith E. Clerents Title (IF CORPORATION, AFFIX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURE OF PRINCIPAL AND ATTORNEY-IN-FACT. STATE OF CALIFORNIA CERTIFICATES OF ACKNOWLEDGEMENT STATE OF CALIFORNIA ) County of ) On this day of a notary public, personairy appeared in the year CERTIFICATE OF ACKNOWLEDGEMENT INDIVIDUALS before me t 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 iL Witness my hand and official seal on the day and year above wdtten. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT ss. County ot ) 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 CALtFORNIA) 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 ins~'ument as E::] president, [] secretary, on behalf of the corporation therein named and acknowledged to me that the corpo- ration executed it. Withaas my hand and officio] seal on the day and year above wntten. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT ss. Count'/of San Dj-ego ) CORPORATION On this 19th day of October' in the yem' 1990 before me Sh~ Ho~Lcma.n a notary public, personally appeared [<e';-th E. C:lemen~'~ personally known to me, or proved tQ me on the basis of satisfactory evidence, to be the person who executed the within instnjmen~ as a~omey-in-fact on behalf of ALLIED MUTUAL INSURANCE COMPANY, the corporation therein named. and acknowledged to me that the corporation executed iL Withess my hand and official seal on the day and year above written. ( · ~ QI=FIC, JAL SEAL L ~' , (,. PRINCIPAL OFFtC~ tN l SAN DtF, GO CO~INT~ 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-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 Sr-AL ' MARIA C. HANSON ' Notary puD',ic-Cc~rtomia SAN DIEGO COUNTY ' JLr~ 24, 1994 , NOTARY PUBLIC Power of Attorney KNO\V 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 N'loines. iowa. heroinafter called 'Company'. does hereby make. constitute and appoint KEITH E. CLE.%IENTS STEVE:N w. DOBSON SHERRY HOFF;MAN ELIZABETH H. WOOD MICHAEL W. THO),tAS 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 obligato~' instruments of similar nature (except bonds gunran- teeing the payment of principal and interest of notes. mortgage bonds and mortgage~) 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- ~rmed. 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 Corporation shall be validb' executed and binding on the Corporation when signed by the President, or a Vice President, or by Attorney(s)-In-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 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 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 President,' 'Section 5. It shall not be necessary to the valid execution 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)-ln-Fact appointed by the President, or a Vice President, or any Power of Attorney executed on behalf of the Corporation appoinung Attorney(s)-In-Fact to act for the Corporation, or of any certificate to be executed by the Secretary, or an Asslstant Secretary, as heroinabove 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 ,~x the corporate seal, and a facsimile corporate seal afthod 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, affixed to any bond, undertaking, or obligatory instrument of sirmiar nature, other than policies and endorsemenu, or to a Power of Attorney signed by such President, or a Vice President. as heroin in Sections 2 and 3 provided, or a facsimile signature of the Secretary, or or an Assistant Secretary to any certificate as herein m Section provided, shall be effective and binding upon the Corporation wrath'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 heroin in Section I, 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 affixed this 03 day or ,,~.UGL:ST 1990 ~T:..:~::>.%ALLIED MUTUAL INSURANCE CO,.XIPANY r.-:' STATE OF IO~VA ~'.,S:L.A~.:.j':1 By: ~a~Ft~ ' President COUNTY OF POLK ss On this 03 day of AUGUST ,~'~'90 , before personally came John E. Evans, to me known, who. being by me duly sworn, pursuant to authority given by the Board of Directors of said corporation and that he has ~,~d~F~or~v s~g ed his name thereto pursuant to iike author- ity, and acknowledged the same to be the act and deed of said corporation. S. A. Donning ,-"',':, S.A. DENNING Notary Public in a ~/=~ ~, uY co~lss~o~ express z..~-. ,,~ ,, -~-13-92 CE RTI F I CAT E [. 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 &Attorney is still in force, and further certi~' 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 WHEREOF, I have subscribed mv name and affixed the seal of the company , 19 90 ' ~'~-'.~."-~')w this 19th day of October .,,.~ ....... } ~ This Power of Attorney expires '(~=:r..:;"'i; 'Secretary 00726 08/03/93 Bd I (06-89) O0 BOND RIDER NO. To be attached to and form a part of Bond No. Bd 7900 534981 dated the 19th day of October, 1990 issued by ALLIED Mutual Insurance Companl 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 Ltd. (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 19t'h 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 p The ;uie Cor~o~n,,a,~a~orn'ia ~eral Partner ALLI~. UTU i!~ ~J CE COMPANY STATE OF CALIFORNIA CERTIFICATES OF ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. Count,/of ) On this day of a notary pui31ic. 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 wri~en. (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 or 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 a~bove 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 , personaUy known to me. or proved to me on the basis of satisfactory evidence, to be the person who executed the within instrument as [] president, L"I 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 written. (SF_AL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT ss. County of San. DieGO ) CORPORATION On this 22rid day of 0ctobe_r in the year 1990 , before me S'P. eccy HOE:~zTa.P. a notary public. personally appeared t<ej. thE:. (::'lF~tTPnt.~ personally known to me, or proved to me on the basis ot satisfactory evidence, to be the person who executed the within instrument as attorney-in-fact on bel'talf of ALLIED MUTUAL INSURANCE COMPANY, the corporal:ion therein named. and ac~<nowledged to me that the corporation executed it. Witness mv hand and official seal on the day and year above whiten. ~"-.-~',.-,.e,_,-,,',~- OFFICIAL 5F.j~L ~ ~ SHERRY HOFFMAN t, ,_-_' :'_": t'°- ":_'_": 294 (1-87} 04 L, 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-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. ~ OFRCtAL SEAL MA~LA C. HANSON Not~'y PuDIic-Callfomk3 June24. 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 office in the City of Des Mohtes, Iowa, heroinafter called 'Company', does hereby make, constitute nnd appoint KEITH E- CLEME>,'TS STEVEN %v, DOBSON ~IIERRY HOFF,%IAN ELIZABETH H, WOOD MICIIAEL W, TIIO~IAS 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- teeing the payment of principal and interest or notcs, mortgage bonds and mortgages) in penalties not exceeding the sum ( s 4,0o0,0n0.0o ) and to bind the Company thereby, as Fully and to the same extent as if such instruments were siSned by the duly authorized officers of the Company: and all acts of said Attorney pursuant to ~xe 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 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, sha)t have the power to appoint ~.gents of the Corporation, or other persons, as Attorney(s}-In-Fact to act on behalf of the Corporauon in the execution of' bonds, undertakings. and other obiigatory instruments of similar nature, other than policies and endorsements with Full power to bind the Corporation by their signature ~nd execution of any such instru- ment The appomtment of such Attorncy(s)-In-Fact shall be accomplished by Powers of Attorney s,gned by the President, or a Vice Pres- ident. This Power of Attorney is siSned 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 ,1. 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 ~ny bond. undertaking, or obligatory instrument of simi)ar nature, other than policies and endorsements, to which this Power of Attorney ks attached is and shall conunue to be a valid and binding obiigauon of the Corporation. according to its terms, when executed by Attorney(s)-ln-Fact appomted by the President or a Vice President.' 'Section 5. It shail not be neclssary to the valid execution and binding efToct of the Corporation of any bond, undertaking. or obligatory instrument of s,milar nature, other than policies and endorsements, signed on behaiF of the Corporation by the President. or a Vice President. or Auorney(s)-In-Fact appointed by the President. or · Vice President. or any Power of Attorney executed on behalf of the Corporation appomting Attorney(s)-i n-f:act to act For the Corporauon. or of any certificate to be executed by the Secretary, or an Assistant Secretary, ~ heroinabove in Section !. 3. and ~. of this Article provided, that ~he corporate seal be affixed to any such instrument but the person authorized to s~gn such rostrumout may affix the corporate seal. and a facsimile corporate se~l affixed to any such instrument shati be as efToctave and bindmg as the original seal.' 'Section 6. A facs~m,le s~gnature of the President, or of a Vice President. atT~xed 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 herera in Sections 2 and 3 provided. or a facsimile signature of the Secretary, or of an Assistant Secretary to any certiPlcate a~ herera in SecUon provided. shall be effecuve and binding upon the Corporation with the same Force and effect as the original signatures of any such officers.' 'Section 7. A facsimde signature of a Former of'ricer shall be of the same vnJidity as that of in existrag officer. when afTixed to policy or endorsement. any bond or undertaking. any Power of Attorney or certificate, as heroin in Section 1. 2, I and 4. provided.' IN WITNESS WHEREOF. the Company has caused these presents to be signed by its President and its corporate seal to be hereunto affixed this 03 day or .~UGUST 1990 · #.~.~.'.~;;:).~ ALLIED MUTUAL INSUI'b\NCE COMPANY ~n-:' COUNTY OF POLK ss ~::;~'/ ' On this 03 day of AUGUST , 1~'90 , before ~. personally came John E. Evans, to me known, who, being bv me duly sworn. pursuant to authority given by the Bo~d of Directors of said corporation and that he has sig ed his name thereto pursuant to like author- ity, and acknowledged the same to be the act and deed of said corporation. L~dcf~or~ - S.A. Penning ,-*T:. S.A. PENNING Notary Public in d a ~ .~_ ~, uv COuu~SSmON eXmRES :,.'f~,,' 4-13-92 CERTIFICATE l, the undersigned, Secretary of AL LIED 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 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 TESTINIONY WHEREOF, I have subscribed my name and altixed the seal of the company , 19 90 ~"'~"")~ ~/,~x~X,b~ this 22rid day oF October ~ This Powe~ of Attorney explres ~ Secretary 00716 08/03/93 Bd I (06-8g) 00 SUBDIVISION MONUMENT COUNTY OF RIVERSIDE STATE OF CALIFORNIA (Government Code 66496) BONDING COMpANY ALLIEDMutual Insurance C.c~y ADDRESS CITY BOND TRACT/PARCEL MAP NO. 23371-2 BOND NO. Bd7900 534983 P.O. Box 1820 La Mesa, CA 92044 PRINCIPAL Margarita Village Development Co. ADDRESS CITY KNOW ALL MEN BY THESE PRESENTS: BH~I~-xJ~oC~l~f~Lb:l. (a Ii3d. p srt.) &Nz~v'Prl~I~a~rzJ~C~l~Ltd. That (a ltd-paz~c.)a joLqt~tu~ec~Mazq~taVLl_IaqsEt-~e_lu~,~C~ , Subdivider, as Principal, and ~SIED ~tual Ins~ce C~v , a Corooration, as Surety, are hereby jointly and severally bound to pay to the County of Riverside the sum of N~eteen ~ous~d Nine H~ed and nm/lO0 $19,900.00 The condition of this obligation is that whereas the Subdivider, as a condition of the filing of the final subdivision map of (Tract/Parcel Map) 23371-2 , entered into an agreement with said County to set Survey Monuments and Tie Points in said tract and furnish Tie Notes therefor and to pay the engineer or surveyor performinq the work, in full, within 30 days after completion. NOW, THEREFORE, if the Subdivider shall well and truly perform said agreement during the original term thereof or of any extension of said term that may be granted by the County of Riverside, with or without notice to the Surety, this obligation shall be void, othep~is it shall 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 taxes as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no chanqe, 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 obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterati or addition to the terms of the agreement or to the work or to the specifications. Dated: October 19, 1990 NAME OF PRINCIPAL: .B. da t~ Ca~ Ltd. (a ltd. p=~L.) & ~ Ra~ C~l~F~ Lb:l. (a ltd..~. ) a joint Etuz~ ct~J~z~-it~ Vill~c~_ I:::L-~tD~,~L ~ ~~~ T i t I e (IF CORPO~IO~ AFFIX SEAL) , ~tu ns v N~E OF SURETY: ~LID u~ ~n~_ N~~ __ A~HORIZED SIGNATURE: Title Keith E. Cl~nts (IF CORPORATION, AFFIX SEAL) STATE OF CALIFORNIA CERTIFICATES OF ACKNOWLEDGEMENT STATE OF CALIFORNIA ) as. County of ) On this day of a notary public. personally appeared in the year CERTIFICATE OF ACKNOWLEOGEMENT INOIVIOUALS . 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 thai the partnership 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 ) 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 ot the corporation therein natned and acknowledged to me that the corpo- ration executed it. Witness my hand and official seal on the day and year aloove whiten. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT County ot Sen D~.eG_o ) CORPORATION On this I-BIb day of Octobez:' in the year ].990, before me a notary public. personally appeared Ke'i 'ch ~.. personally known to me, or proved to me on the basis of satisfactory evidence, tQ 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. Withes-str-;~'~"'~-~-A-"'~-;'*" =~'~-"" ~^ ~t.I/~ y~,ar above whiten. ,f ~ OFFICIAl, ~ ~ , SHERRY HOFFMAN , NOTARY PgELIC- CALIr-,.O~N~A , SAN O~,EGO C0~NTY ~ , Mf Ci~tfmg~n Irx~ AMI. 28. Ill2 i 8d 294 fi-87) O4 NOTARY PUBIC STATE OF CALIFORNIA COUNTY OF SAN DIEGO On this 23rd day of October , 19 9.~., 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 COP~PORATION, 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 MA/~GARITA 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. ° c-California NOTARY PUBLIC Power of Attorney KNO~,V ALL MEN BY THESE PRESENTS That ALLIED Mutual Insurance Company, a corporauon organized under the la~vs or the State or Iowa, with its principal ofllce in the City of Des z",'loines, Iowa. heroinafter called 'Company', does hereby make, constitute and appoint KEITH E. CLE~IENTS STEvEN w. DOBSO?,,' :~HERRY HOFFMAN ELIZABETH H. WOOD MICHAEL W. THO.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- 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 of Iicers of the Company: and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and con- firme& This Po~ver 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 endorsemenu, issued by the Corporation shall be validly executed and binding on the Corporation when signed by the President, or a Vice President, or by Attorney(s)-In-Fact appointed by the President, or by a Vzce 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 behaIF of the Corporation in the execution of bonds, undertakings. and other obIigatory instruments of similar nature, other than policies and endorsements wrath full power to bind the Corporation by their signature and execution of an)' such instru- ment. The appointment of such Attorney(s)-In-Fact shall be accomplished by Powers of Attorney signed by the President, or a Vice Pres- ident. This Power oFAttorney is signed and sealed by facsimile under and by the following By-Laws duty 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 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}-ln-Fact appointed by the President or a Vice President.' 'Section 5. It shall not be necessary to the valid execution 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 Corporauon appointing Attorney(s)-in-Fact to act For the Corporation, or of any certificate to be executed by the Secretary, or an Assist=hi Secretary, ~ heroinabove in Secuon 2, 3, and 4 of this Arucle provided, that the corporate seal be alrflxed to an}' such instrument but the person authorized to sign such instrument may affix the corporate seal, and a facsirmle torpors, to seal aflixed 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, afir~xed to any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsemenu, or to a Power of Attorney signed by such President. or a Vice President. as herein in Sections 2 and 3 provided, or a facstrmle signature of the Secretary, or of an Assistant Secretata, to any certificate as heroin m Section provided, shall be effective and binding upon the Corporation with'the same force and effect as the original signatures of any such officers.' 'Secuon 7. A facsimile signature of a former officer shall be of the same validity as that of an existing o~licer, when affixed to any policy or endorsement, any bond or undertaking, any Power of Attorney or certificate, as heroin in Section 1, 2, 3 and 4 provided. IN WITNESS WHEREOF. the Company has caused these presents to be s. igned by its President and its corporate seal to be hereunto affixed this 03 day of ,.~UGUST 1990 ,~T;'.;;;;')~ ALLIED MUTUAL INSURANCE COMPANY STATE OF IOWA $:~,S.,:E~A~,..:-:~* By: '~af~: ~//1.~_' President COUNTY OF POLK ss ~'~;r;~l On this 03 day of AUGUST , 1~'90 , before e personally c.irne John E. Evans, to me known, who, being by me duty s~vorn, pursuant to authority given by the Board of Directors of said corporation and that he has gig ed his nazne thereto pursu~nt to like author- ity, and acknowledged the same to be the act and deed of said corporation. 2F~or~v S. A. Dennin8 ,-":'-', S.A. DENNING Notary Public in ta a ~ ,~ ~ MY COMMISSION EXPIRES z..a-. 4-t3-92 ,~o, CERTIFICATE I, the undersigned, Secretary of ALLIED Mutual Insurance Company, a corporation organized under the laws of the State of Iowa. do hereby certify that the foregoing Power oFAttorney is still in force, and further certify that Section 2, ~, 6 and 7 oFArdcle IX of the By-Laws ofthe Company set forth in said Power of Attorney are still in Force. IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal ofthe company this 19th day of October 00716 08/03/93 Bd 1 (o~-sg) oo BOND RIDER NO. 1 TO be attached to and form a part of Bond No. Bd 7900 534983 dated the 19thday 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 ~uie Rancho California Ltd. (~ ltd. part.) a Nevada Rancho California Ltd. (a ltd. Dart.) 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 19thday 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 it. venture dba...~a~lif]arita Village 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 iL 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 clay and year above written. (SE~I') 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 13erson who executed the within instrument as [] president, EQ 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 Diego ) CORPORATION On this 22rid day of October in the year 1990 , before me Sherry' a notary public, personally apl~eared Keith E. C]~rents 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 tha{ the corporation executed it Witness rn, y_b..aJ3cLa..r~.iQ.ffiqL~ ~.e..eJ ~er'Lt~e,~.~Lay~ Ct r above ed 294 (1-87) 04 wntten. ~"<~'~_O_..h._,~ ]~qF~C.~,/~OTARY 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-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. C OFFICIAL SEAL 1' ~ MARIA C, HANSC Notcsy FUollc-C~c-- :. ~ DIEC~:D COUi ~ ~ Cornm~an Ex~i:c: NOTARY PUBLIC Power of Attorney KNO\V ALL MEN BY THESE PRESENTS That ALLIED Mutual Insurance Company, a corporation organized under tile [awe of the State of Iowa, with its principal office in the City of Des Moines, Iowa. heroinafter called 'Company', does hereby make. constitute and appoint KEITH E. CLEMENTS STEVEN W. DOBSON ~[{ERRY HOFF~IAN ELIZABETH H. WOOD ,MICHAEL W. THO~IAS LA MESA, CA each in his individual capacRy, 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- firmeal. 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 Preszdcnt, or by Attorney(el-In-Fact appointed by the President, or by a Vice President' 'Section 3. The President, or a Vice President, shail 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 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{el-In-Fact shall be accomplished by Powers of Attorney signed by the President, or a Vice Pros- 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 certify that ~y such Power of Attorney so signed shall be validly executed and binding on the Corporation; and to certify that any bond, undercaking. or obligatory instrument of similar nature, other than policies and endorsements, to which this Power of Attorney is attached is and shall conurine to be a valid and binding obligation of the Corporation, according to its terms, when executed by Attorne.v(s)-[n-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 poiicses and endorsements, signed on behalf of the Corporanon by the President, or a Vice President, or Attorney(el-In-Fact appointed by the President or a Vice President, or any Po~ver of Attorney executed on behalf of the Corporation appointing Attorney(el-In-Fact to act for the Corporation, or of any cerU~cate to be executed by the Secretary, or an Assistant Secretary, as herelnabove in Section 2.3. and 4 or this Article' provided, that the corporate seal be ~f'bxed to any such instrument but the person authorized to s~gn such instrument may affix the corporate seal~ and a facsimile corporate seal affixed to any such instrument shall be a.s effecuve and binding as the original seaL' 'Section 6. A facsimile signature of the Pre~dent, or of a Vice President, afiqxed 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 herera in Sections 2 and 3 provided, or a facsimile signature of the Secretary, or of an Assistant Secretary to any certificate as heroin in Seenon provided, shall be effective and binding upon the Corporation with the same force and effect as the original signatures of any such o~cers.' 'Section 7. A facsimile signature of a former ofiqcer shall be of the same validity as that of an existing officer, when affixed to any policy or endorsement. any bond or undertaking, any Po~ver of Attorney or cerUficate, as herera in Section I, 2, 3 and 4 provided.' IN WITNESS \\; I-{EREOF, the 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 MLq'UAL iNSURANCE COMPANY r-..' ";~l COUNTY' OF POLK ss ~;;~";Z; On this 03 day of AUGUST , ~'90 , before personally came John F_ 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 h~ stg cd his name thereto pursuant to like author- ity, and acknowledged the same to be the act and deed of sand corporation. 5. A. Donning · -"'V- S.A. DENNING Notary Public in ..~,~. ,e-, 4-13-92 CERTIFICATE [. the undersigned, Secretary of ALLIED ,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-La~vs of the Company set forth in said Power of Attorney are still in force. IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seat of the company this 22rid day of Oclzobez' ,':-~ ......"?~} ~.. ~d.=~ , 19 90 This Poer of Attorney expires ~:~:"'~ Secretary 007Z6 08103193 Bd I (06-89) 00 FAITHFUL PERFORMANCE BOND County of Riverside, State of California (Government Code Section 66499.1) FOR: Streets & Drainage Water System Sewer System 180,000.00 47,000.00 35,500.00 Tract No. 23371-2 Parcel Map No. Bond No. Bd7900 534980 Premium $1,838.00 Surety ~!.LIED Mutual Insurance C_cmpany 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 Rancho California, Ltd. (a ltd. part. ) & Nevada Rancho California Ltd. (a ltd. Dart. ) a ~oint venture dba Maraarita Villaae Develoement CamPany (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 23371-2 , 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 ALLIED Mutual Insurance Company , as surety, are held and firmly bound unto the Count of Riverside, in the penal sum of Two Hundred Sixty Two Thousand Five Hunted & no/100 Dollars ($262,500.00 ) lawful money of ~he 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 t/lis 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. ~en 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 ~li6znia L~. (a 1~. pert.) a joint~rmure'a~ M~'m~lla? ~e~l~ ~. By: 8uie-Rancho California, Ltd., a California limitM Mrtnership AUTHORIZED SIGNATU~(S): ~e By T~ Buie Cormration, a California cot ration, General Partner -/ / .. .. President ' ' ' ~ Title Assistant Secretary _iiF CORP ~TION AFFIX SEAL) NAME OF SUETY: ~.~ )~~ ' AUTHORIZED SIGNATURE: _ t ct Title ~ith E. Clents (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. Count,/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 $S. County of ) CORPORATION On this day at in the year .. before me , a notary public, personally appeared personajly known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within insn'ument as Q president, Q 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. Count,/of Sa.n D'iego ) CORPORATION On this 19th day of October in the year 1990 , before me Sherry' Hof~ma_fl. a notary public, personally appeared Kei th ~. Clernent,~ personally known to me, or proved to me on the basis of sal~sfactory evidence, to be the person who executed the within instrument as attorney-in-tact on t3ehalf 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 whiten. L. ~ OFFICIAL SEAL ~ ~~~/.~~ BLIC - CALIFORNIA ~ PRINCIPAL C/:FtCE IN ~ , SAN OIE[GO COUNI'f ~ ~ My C~mmt..'.~8~ E~D. Aul 28. }992 ~ B<3 294 (1-67,~ ~_- ................... , 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-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. OFRCLAL SEAL MAr~LA C. HANSON Notc,~, Putol~c-Ctwifornia SAN DIEGO COUNTY My Cm ExDIres June 24. 1q94 NOTARY PUBLIC Power of Attorney KNOW ALL MEN BY THESE PRESENTS That ALLIED Mutual Insurance Company, a corporation organized under tile laws of the State or Iowa, with its principal office in the City of Des Moines, Iowa. heroinafter called °Company', does hereby make. constitute and appoint XEITH E. CLE.'%IENTS STEVEN w. DOBSON' SI-{ERRY HOFF.'XlAN ELIZABETH H. WOOD MICHAEL W. THO.%IAS LA MESA, CA each in his individual capacity. its true and la~vfu[ 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 guaraq- teeing the payment or principal and interest or notes, mortgage bonds and mortgages) in penalties not exceeding the sum of ( S 4,0o0,0o0.0n ) 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 Corporation shall be validly executed and binding on the Corporation when signed by the President, or a Vice President, or by Attorney(s)-In-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 Corporauon 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 the:r signature and execution of any such instru- ment The appointment of such Attorney(s)-ln-Fact shall be accomplished by Powers or Attorney signed by the President, or a Vice Pres- ident This Po~ver 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 certify that any such Power of Attorney so signed shall be validly executed and bmding on the Corporauon; and to certify that any bond. undertaking, or obligatory rostrumeat 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 Corporauon, 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 execution and binding effect of the Corporation or any bond, undertaking, or obligatory instrument of similar nature, other than policies and endorsements, signed on behalf of the Corporauon by the President, or 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 Corporauon appointing Attorney(s)-ln-Fact to act for the Corporation, or of any certificate to be executed by the Secretary, or an Ass,slant Secretary, as heroinabove in Sect,on 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 affix the corporate seal, and a face:mile corporate seal affixed to any such instrument shall be as effective and bedlag as the original seal.' 'Sect:on 6. A facsimile signature of the President. or of a Vice President, affuxed to any bond. undertaking. or obligatory instrument of similar nature, other than policies and endorsemenu, or to a Power of Attorney s~gned by such President, or a Vice President. as heroin in Sections 2 and 3 provided, or a facsu'nile s~gnature of the Secretary, or of an Assistant Secretary to any ceru~cate as heroin in Sect,on provided. shall be effective and binding upon the Corporation with'the same force and effect as the original signatures of any such o~cers.' 'Section 7. A facszmile signature of a former o/ricer shall be of the same validity as that of an exasUng officer. when affixed to any policy or endorsement, any bond or undertaking. any Power of Attorney or certificate. as heroin in Section 1, 2, 3 and 4 provided.' IN WITNESS WHEREOF. the 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 COMPANY d Z:" ":.~) STATE OF IO~VA ~;~.S....E.~.,.j;'~ By: ~Ctx~ ' President COUNTY OF POLK ss On this 03 ay of AUGUST ,I~'90, before personally came John E. Evans, to me known, who. being by me duly sworn, pursuant to authority given by the Board of D,rectors 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 a i ~ ~, ~Y CeuutSS,ON ~X~,.~S ":"'~' 4-13-92 ,,-, CERTIFICATE 1, the undersigned, Secretary of ALLIED Mutual Insurance Company, a corporation organized under the laws of the State of Iowa. do hereby certify' that tile foregoing Power of Attorney is still in force. and Further certify' fitat 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 WHEREOF, I have subscribed my name and affixed the seal of the company this 19th day of October ,19 90 ..... This Power of Attorney expires ~'~:;:'~j,; ~ Sccrctary 00726 08/03~93 Bd I (06-89) 00 MATERIAL AND LABOR BOND County of Riverside State of California (Covernmen= Code Section 66499.1) FOR: Streets & Drainage $90.000.00 Water System $23,500.00 Sewer System $17,750.00 Tract No. 23371-2 Parcel Map. No. Bond No. Bd 7900 534980 Premium INCLUDED Surety ALLIED Mutual Insurance Company Principal Margarita Village Development Co. Address P.O. Box 1820 Address City La Masa, CA 92044 City WHEREAS, the County of Riverside, State of California, and' Buie Rancho California, Ltd. (a ltd. part. ) & Nevada Rancho California Ltd. (a ltd. oart. ) a joint venture dba M~rg~rit~ Vi]]~ e Develo~rent Company , (hereinafter designated as "principal")~ave entered into, or are about to enter into, the attached agreement(s) whereby principal agrees to install and complete t~he above designated public improvements relating to (Tract/Parcel) Map No. 23371-2 , 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 payment 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 agreement and referred to in the aforesaid Civil Code in the sum of One Hundred ThirtyOneThousandTwoHundred Fiftyand no/100 Dollars ($131,250.00 ) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set 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. I~] WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on October l9 , 1990 · NAME OF PRINCIPAL: Baie~mbo~]~fo~daL~.(a iN. pert.)&~F~boC~LifonD/a Ltd. (a ltd. part.) a joint ~mn~e doa M~ta Vil la?~. Ds~51uJ,~lL ~ By: 8uie-Rancho California, Ltd., a California limit~ ~rtnership AUTHORIZED SIGNATU~(S): By The Suie ~r~ration, a California cor~ration, General Partner NAME OF SURETY: AUTHORIZED SIGNATURE: /~. ..f" Title Vice · / t ' Title President ( F CORPORATION, ALLIED Muj~2 ITS Keith E. Clements Assistant Secretary AFFIX SEAL) Title (IF CORPORATION, AFFIX SEAL) ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURE OF PRINCIPAL ~qD ATTORNEY-IN-FACT. 2 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 wntten. (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 ot 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 apOeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the person wl~o executed the within instrument as F"i 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 written. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT SS, County of San DieGo ) CORPORATION 1990 She. L:y' Hoffman Om this 19th day o~ October im the year before me a notary pul31ic, personally appeared Kei th F:.. 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 d~_..~.,.y.E~d ,(ear above whiten. 4 SHERRY HOFFMAN {_ NOT RNIA ~ ~N DIEGO C~N~ ( h ~,~ E=D. 8d 2~ (I-8~ 04 NOTARY PUBUC 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 Rober~ 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-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. OFRCtAL SF, AL ' MARIA C. HANSON ' Notc~ry Pulmllc-C~ifornta ' SAN DIEGO COUNTY ' My Cornn-isskm F,x~'e,s ', J~. 24° ,~ . NOTARY PUBLIC Power of Attorney KNOW ALL MEN BY THESE PRESENTS That ALLIED Mutual Insurance Company, a corporation organized under the [a~vs of the State or Iowa. with its principal offce in the City of Des Moines. Iowa. heroinafter called 'Company', does hereby make. constitute and appoint KEITH E. CLE.MENTS STE%'EN w. DOBSON ~HERRY HOFFMAN ELIZABETH H. WOOD MICHAEL W. THO,'~IAS LA .,~IESA, CA each in his individual capacity, its true and la~vful 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- 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 offcore 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 Corporation shall be validly executed and binding on the Corporation when sxgned by the President, or a Vice President, or by Attorney(el-In-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 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 appoinLment 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 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 ~nd binding obligation of the Corporauon, 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 execution and binding effect of the Corporation of any bond. undertaklng, 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(s)-ln-Fact to act for the Corporation, or of any certificate to be executed by the Secretary, or an Assistant Secretary, as heremabove 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 afTix the corporate seal, and a facsimile corporate seal affbted to any such instrument shall be ~s effective and binding as the original seaL' 'Section 6. A Faceitalic signature of the President, or of a Vice PresidenL atT~xed to any bond, undertaking, or obligatory instrument of simil~ nature, other than policies and endorsemenu, or to a Power of Attorney signed by such President, or a Vice PresidenL ~s herera in Sections 2 and 3 provided, or a facsimile signature of the Secretary, or of an Assistant Secretary to any certfficste provided, shall be effective and binding upon the Corporation with'the same force and effect as the original signatures of any such oMcers.' 'Secuon 7. A Facsimile signature of a Former oMcer shall be of the same validity as that of an existing o~cer, when at'Exed to any policy or endorscment, any bond or underta.kmg, any Power of Attorney or certificate, as herein in Secuon I, 2, 3 and 4 provided.' IN WITNESS \VHEREOF, the Company has caused these presents to be signed by its President and its corporate seal to be hereunto a~xed Lhis 03 day of t~UGUST 1990 ,.T.~i:":'~ ALLIED MUTUAL INSURANCE COMPANY · ~3" ";'~ STATE OF IO~,VA ~:~F_g.._..:''':a~ By: ~~ ~X~"iJ~,4~' President COUNq'Y OF POLK ss ~':.:7~'.~ On this 03 day of AUGUST .~V90 , before !~rsonally came John F_ Evans, to me known, who, being by me duly sworn, pursuant to authority given by the Board of Directors of said corporation and that he has slg cd his name thereto pursuant to like author- ity, and acknowledged the same to be the act and deed of said corporauon. 2~f~or~v S. A. Denning .,":':- S.A. DENNING Notary Public in a ~ ~ ~, uv couu,sslo~ z..,~- ,s.-13-92 CERTIFICATE I. the undersigned, Secretary of ALLIED 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 Sect.ion 2, 3, 4, 5, 6 and 7 of Article [X of the By-Laws of the Company set forth in said Power of Attorney are still in force. IN TESTIMONY WHEREOF, [ have subscribed mv name and affixed thee seal of the cornpan this 19th day of October This Power of Attorne,' expir,s '~:~:::"'~; Secretary 00726 08/03/93 gd I (06-89) 00 Insurance BOND RIDER NO. 1 To be attached to and form a part of Bond No. Bd 7900 534980 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 Ltd. (a ltd. part.) a joint venture dba Marcarita 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: County of Riverside to: 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 it. venture dba Margarita Village Develo ment Com~~ Partner The Buie ~orporation, a Ca f rn' corp., General ' .~_~ ' S~'.~~ COMpANyBy: / / .. ~ STATE OF CALIFORNIA CERTIFICATES OF ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ss. CERTIFICATE OF ACKNOWLEDGEMENT County of ) INDIVIDUALS 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(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 writ'ten. (SEAL) NOTARY PUBLIC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT ss. CounW of ) PARTNERSHIP On this day of in the year __., before me a notary public, personatly 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 CounW 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 written. (SEAL) NOTARY PUBUC STATE OF CALIFORNIA ) CERTIFICATE OF ACKNOWLEDGEMENT SS. Count,/of SaD Dj, eco ) CORPORATION On this 22rid day of October in the year 199__0, before me 5'hq HoE:~'~an. a notary public, personally appeared Keith E. C1F, rr~.nts personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within instrument as a~omey-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__ ~ year above wdtten. , .-_, ,., - _ _- __._ _ _ i SHERRY HOFFMAN , p~thiC'-PAL ~FFICE IN , SAN OlEGO COUNTY 't · 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-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. Notcry Puloltc-Califomla SAN Ol~ COUNTY Jule2.4. 1994 NOTARY PUBLIC Power of Attorney KNO'sV ALL MEN BY THESE PRESENTS That ALLIED Mutual Insurance Company. a corporation organized under the laws of time State of Iowa. with its principal office in the City of Des ,Moines. Iowa. heroinafter called °Company'. does hereby make. constitute and appoint KEITH E. CLEMENTS STEVEN w. DOBSO,N ~HERRY HOFF~IAN ELIZABETH H. WOOD MICHAEL W. THO~IAS LA MESA, CA each in his individual capacity, its true and la~vful Attorney-ln-Fact with full power and authority to sign. seat. 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 tl~e 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- firmeal. 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 "Sectxon 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 instr'.,ments of similar nature. other than policies and endorsements with full power to bind the Corporation by their signature and execution of any such ins;ru- men'.. 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 the Board of Directors of the Company. ARTICLE IX - EXECUTION OF CONTRACTS 'Sectton 4. The Secretary. or an Assistant Secretary. is authoriz~ 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, undertakmg, or obligatory instrument of similar nature. other than policies and endorsements. to which this Power or Attorney is attached is and shall continue to be a valid and binding obligation of the Corporation. according to its terms, when executed by Auorney(s)-ln-Fact appointed by the President or a Vice President.' 'Section 5. It shall not be ne~ssary to the valid execution and binding effect or the Corporation of any bond, undertaking. or obligatory instrument or similar nature, other than policzes and endorsements. signed on behalf of the Corporation by the Prestdent. or Vice President. or Attorney(s)-ln-Fact appointed by the President, or a Vic~ President. or any Power of Attorney executed on behalf of the Corporation appo,nting Attorney(s)-In-Fact to act for the Corporation, or of any certificate to be executed by the Secretary, or an Assistant Secretary, as heremabove 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 mstrument 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.' '$ecuon 6. A he. simile stgnature of the President, or of a Vice President. afftxed 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, u herein in Sections 2 and 3 provided, or a facsimile signature of the Secretary, or of an Assistant So:rotary to any certificate as heroin in Section provided, shall be effective and binding upon the Corporation with the same force and effect as the original signatures of any such oftleers.' '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 heroin in Section 1.2, ] and ~. provided.' IN WITNESS WHEREOF, the Company has caused these presents to be signed by its President and its corporate seal to be hereunto affixed this 03 day oF~$.._,~;..~..;;!~GUST . 19f,0 ! :' i e d # 9 I t COUNTY OF POLK ss ~L~:':/ pursuant to authority gtven by the Board of Directors of said corporaUon and that he has 2cf~r~~ sis 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 -"T"- S.A. DENNING Notary Public in ,a ~/:~ ~, MY COMMISSION EXPIRES ' z..,~. ,e-, ~'13'92 CERTIFICATE I, the undersigned, Secretary of AL L I ED 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 WHEREOF, I have subscribed my name and affixed.thee seal of the company this 22nd day of October /~C,q~ , 19 90 ,~.:;::.~ This Power of Attorn, yexpires ',~:~C; Secretary 00726 08103/93 Bd I (06-89) 00 ITEM NO. 6 TO: FROM: DATE: SUBJECT: City Council City Manager APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA A GENDA REPORT November 27, 1990 Election of Mayor PREPARED BY: June S. Greek, Deputy City Clerk RECOMMENDATION: calendar year 1991. Conduct election of Mayor to preside until the end of BACKGROUND: At the first meeting of the Temecula City Council on December 1, 1989, you elected the Mayor to preside until the end of calendar year 1990. Therefore, the term of the Mayor elected to serve during 1991 would become effective on January 8, 1991 at your first meeting of the new year. Attachment: Minutes of December 1, 1989. TEMECULA CITY COUNCIL MEETING FRIDAY, DECEMBER 1, 1989, 7:00 P.M. Temecula Community Center 28816 Pujol Street Temecula, CA 92390 PRESENT: J. Sal Munoz ) Ron Parks ) Karel Lindemans ) Pat Birdsall ) Peg Moore ) Councilmembers Frank Aleshire, City Manager Jerry M. Patterson & Elizabeth L. Hanna, City Attorneys Gerald Maloney and Nancy Romero, Acting Deputy City Clerks The meeting was called to order by County Supervisor Kay Ceniceros. Invocation was given by the Reverend Steve StruiknLan, Pastor, Rancho California Church. Presentation of Colors was by the Boy Scout 'i'roop. Pledge of Allegiance to the Flag was given by Jimmy Moore, Chairman, City Committee. National Anthem was sung by Kevin Walsh, accompanied by Margaret Bird. The Administration of Oaths of Office to Councilmembers was done by Municipal Court Judge Arjuna (Vic) Saraydarian. On motion of Councilman Pat Birdsall, seconded by Councilman ]. Sal Munoz and duly carried by unanimous vote, IT WAS ORDERED that Councilman Ron Parks is appointed the Mayor to preside until the end of calendar year 1990. On motion of Councilman J. Sal Munoz, seconded by Councilman Peg Moore and duly carried by unanimous vote, IT WAS ORDERED that Councilman Karel Lindemans is appointed the Mayor Pro Tempore to assume the duties of the Mayor in the Mayor's absence and who will hold this office until the end of calendar year 1990. At this time the Mayor and Councilmz~nbers made special remarks and introductions. The following individuals made presentations: Ron Sullivan, Field Representative for Senator Bergeson, presented a plaque. Jimmy Moore John Shulty presented the Mayor with a gavel. Pat Birdsall presented the Mayor with a gavel. RESOLUTION NO. 89-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING THE CITY CLERK On motion of Councilman Pat Birdsall, seconded by Councilman J. Sal Munoz and duly carried, IT WAS ORDERED that the above entitled resolution is adopted by the following vote, to-wit: Roll Call resulted as follows: Ayes: Councilmen Munoz, Parks, Lindemans, Birdsall and Peg Moore Noes: None Absent: None RESOLUTION NO. 89-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING AN INTERIM CITY MANAGER On motion of Councilman J. Sal Munoz, seconded by Councilman Peg Moore and duly carried, IT WAS ORDERED that the above entitled resolution is adopted by the fillowing vote, 'to-wit: Roll Call resulted as follows: Ayes: Councilmen Munoz, Parks, Lindemans, Birdsall and Peg Moore Noes: None Absent: None RESOLUTION NO. 89-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING A CITY TREASURER On motion of Councilman J. Sal Munoz, seconded by Councilman Karel Lindemans and duly carried, IT WAS ORDERED that the above entitled resolution is adopted by the following vote, to-wit: Roll Call resulted as follows: Ayes: Councilmen Munoz, Parks, Lindemans, Birdsall and Peg Moore Noes: None Absent: None RESOLUTION NO. 89-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING THE CITY ATTORNEY AND ASSISTANT CITY ATTORNEYS On motion of Councilman Karel Lindemans, seconded by Councilman Pat Birdsall and duly carried, IT WAS ORDERED that the above entitled resolution is adopted by the following vote, to-wit: Roll Call resulted as follows: Ayes: Councilmen Munoz, Parks, Lindemans, Birdsall and Peg Moore Noes: None Absent: None RESOLUTION NO. 89-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING CONTINUATION OF SERVICES BY THE COUNTY OF RIVERSIDE On motion of Councilman Peg Moore, seconded by Councilman Pat Birdsall and duly carried, IT WAS ORDERED that the above entitled resolution is adopted by the following vote, to-wit: Roll Call resulted as follows: Ayes: Councilmen Munoz, Parks, Lindemans, Birdsall and Peg Moore Noes: -None Absent: None On motion of Councilman J. Sal Munoz, seconded by Councilman Karel Lindemans and duly carried, IT WAS ORDERED, the reading being waived, that an ordinance bearing the following title, is adopted: ORDINANCE NO. 89-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CIIY OF TEMECULA, CALIFORNIA, ADOPTING THE RIVERSIDE COUNTY CODE AND OTHER RELEVANT NON-CODIFIED RIVERSIDE COUNTY ORDINANCES AS CITY ORDINANCES FOR A PERIOD OF ONE HUNDRED TWENTY DAYS AND DECLARING THE URGENCY THEREOF Roll Call resulted as follows: Ayes: Councilmen Munoz, Parks, Lindemans, Birdsall and Peg Moore Noes: None Absent: None On motion of Councilman Birdsall, seconded by Councilman Moore and duly carried, IT WAS ORDERED, the reading being waived, that an ordinance bearing the following title, is adopted: ORDINANCE NO. 89-2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, SETTING THE DATE, TIME AND LOCATION OF CITY COUNCIL MEETINGS AND OTHER OPERATING PROCEDURES AND DECLARING THE URGENCY THEREOF Roll Call resulted as follows: Ayes: Councilmen Munoz, Parks Lindemans, Birdsall and Moore Noes: None Absent: None On motion of Councilman Peg Moore, seconded by Councilman ]. Sal Munoz and duly carried, IT WAS ORDERED, the reading being waived, that an ordinance bearing the following title, is adopted: ORDINANCE NO. 89-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ESTABLISHING THE OFFICE OF CITY MANAGER AND DESCRIBING THE DUTIES THEREOF AND DECLARING THE URGENCY THEREOF Roll Call resulted as follows: Ayes: Councilmen Munoz, Parks, Lindemans, Birdsall and Peg Moore Noes: None Absent: None On motion of Councilman J. Sal Munoz, seconded by Councilman Peg Moore and duly camed, IT WAS ORDERED, the reading being waived, that an ordinance bearing the following title, is adopted: ORDINANCE NO. 89-4 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPOINTING THE CITY COUNCIL AS THE PLANNING AGENCY Roll Call resulted as follows: Ayes:' Councilmen Munoz, Parks, Lindemans, Birdsall and Peg Moore Noes: None Absent: None On motion of Councilman Peg Moore, seconded by Councilman J. Sal Munoz and duly carried, IT WAS ORDERED, the reading being waived, that an ordinance bearing the following title, is adopted: ORDINANCE NO. 89-5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, IMPOSING A SALES AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION AND PROVIDING PENALTIES FOR VIOLATIONS Roll Call resulted as follows: Ayes: Councilmen Munoz, Parks, Lindernans, Birdsall and Peg Moore Noes: None Absent: None On motion of Councilman J. Sal Munoz, seconded by Councilman Karel Lindemans and duly carried, IT WAS ORDERED, the reading being waived, that an ordinance bearing the following title, is adopted: ORDINANCE NO. 89-6 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ESTABLISHING A SPECIAL GAS TAX STREET IMPROVEMENT FUND Roll Call resulted as follows: Ayes: Councilmen Munoz, Parks, Lindemans, Birdsall and Peg Moore Noes: None Absent: None On motion of Councilman Pat Birdsall, seconded by Councilman Peg Moore and duly carried, IT WAS ORDERED, the reading being waived, that an ordinance bearing the following title, is adopted: ORDINANCE NO. 89-7 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA,. CALIFORNIA, TRANSFERRING ASSESSMENT AND TAX COLLECTION DUTIES TO THE COUNTY OF RIVERSIDE ASSESSOR AND TAX COLLECTOR' Roll Call resulted as follows: Ayes: Councilmen Munoz, Parks, Lindemans, Birdsall and Peg Moore Noes: None Absent: None On motion of Councilman J. Sal Munoz, seconded by Councilman Peg Moore and duly carried, IT WAS ORDERED, the reading being waived, that an ordinance bearing the following title, is adopted: ORDINANCE NO. 89-8 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADOPTING A DOCUMENTARY TRANSFER TAX Roll Call resulted as follows: Ayes: Councilmen Munoz, Parks, Lindentans, Birdsall and Peg Moore Noes: None Absent: None On motion of Councilman J. Sal Munoz, seconded by Councilman Pat Birdsall and duly carried, IT WAS ORDERED that an ordinance bearing the following title, is approved as introduced: ORDINANCE NO. 89-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, REQUIRING THAT THE GENERAL MUNICIPAL ELECTIONS OF THE CITY OF TEMECULA BE HELD ON THE SAME DAY AS THE STATEWIDE GENERAL ELECTION Roll Call resulted as follows: Ayes: Councilmen Munoz, Parks, Lindemans, Birdsall and Peg Moore Noes: None Absent: None RESOLUTION NO. 89-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING LOCATIONS FOR POSTING OF ORDINANCES AND/OR RESOLUTIONS REQUIRED BY LAW TO BE PUBLISHED OR POSTED RESOLUTION NO. 89-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN ADDRESS FOR THE RECEIPT OF THE UNITED STATES MAIL RESOLUTION NO. 89-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FORM OF THE CITY SEAL RESOLUTION NO. 89-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA AUTHORIZING FILING OF DOCUMENTS WITH STATE AND COUNTY OFFICES AND OFFICERS RESOLUTION NO. 89-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA REQUESTING THE CALIFORNIA HIGHWAY PATROL TO CONTINUE TO PROVIDE TRAFFIC ENFORCEMENT WITHIN THE CITY RESOLUTION NO. 89-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA PROVIDING FOR ALL FUNCTIONS INCIDENT TO THE ADMINISTRATION AND OPERATION OF LOCAL SALES AND USE TAXES, AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE STATE BOARD OF EQUALIZATION WITH RESPECT THERETO RESOLUTION NO. 89-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE MAYOR AND CITY CLERK TO PREPARE, EXECUTE AND FILE THE STATEMENT OF BOUNDARY CREATION REQUIRED BY SECTION 54900 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA AND ORDERING THE UTILIZATION OF THE REGULAR COUNTY ASSESSMENT ROLE RESOLUTION NO. 89-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CITY MANAGER TO PURCHASE INSURANCE On motion of Councilman J. Sal Munoz, seconded by Councilman Pat Birdsall and duly carried, IT WAS ORDERED that the above entitled resolutions are adopted by the following vote, to-wit: Roll Call resulted as follows: Ayes: Councilmen Munoz, Parks, Lindemans, Birdsall and Peg Moore Noes: None Absent: None On motion of Councilman Karel Lindentans, seconded by Councilman 1. Sal Munoz and duly carried by unanimous vote, IT WAS ORDERED that the Council approves the Letter to the President of United States Pledging Support in the War on Drugs. The Mayor declared the City Council meeting adjourned to Tuesday, December 12, 1989 at 7:00 p.m. at 28816 Pujol Street, Temecula, and also adjourned to the meeting of the Temecula Community Services District. ATTEST: Ron Parks, Mayor Frank Aleshire, City Clerk ITEM NO. 7 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA A GENDA REPORT City Council City Manager November 27, 1990 Election of Mayor Pro Tempore PREPARED BY: June S. Greek, Deputy City Clerk RECOMMENDATION: Conduct election of Mayor Pro Tempore to preside until the end of calendar year 1991. BACKGROUND: At the first meeting of the Temecula City Council on December 1, 1989, you elected the Mayor Pro Tem to preside until the end of calendar year 1990. Therefore, the term of the Mayor Pro Tem elected to serve during 1991 would become effective on January 8, 1991 at your first meeting of the new year. ITEM NO. 8 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 27, 1990 Plot Plan No. 20 PREPARED BY: Oliver M~j~ca RECOMMENDATION: The Planning Department Staff recommends that the City Council: ADOPT the Negative Dec|aration for Plot Plan No. 20; and ADOPT Resolution No. 90- approv ing Plot Plan No. 20; based on the analysis and findings contained in the Staff Report and subject to the attached Conditions of Approval. APPLICATION INFORMATION APPLICANT: Medical Design Concepts REPRESENTATIVE: Lusardi Construction Company PROPOSAL: Construct a 160,561 square foot industrial building with 128,345 square feet of warehouse, 26,850 square feet of office space and 5,366 square feet of manufacturing area on 12.09 acres. LOCATION: Business Park Drive, north of Rancho California Road. EXISTING ZONING: M-SC - Manufacturing Service Commercial STAFFRPT\PP20 1 BACKGROUND: On November 5, 1990, the Plannin9 Commission considered the applicant's proposal and has forwarded a recommendation of approval to the City Council by a vote of 3-0, with two { 2 ) Commissioners absent. The following changes were made to the Conditions of Approval: Change Condition No. 1 by changing 161,800 to 160,561; change 130,800 to 128,345; change 31,000 to 26,850, and add after office space "and 5,366 square feet of manufa~turin9 area" Change Condition No. 10 by changing 298 to 2~6. STAFF RECOMMENDATION: The Planning Department Staff recommends that the City Council: ADOPT the Negative Declaration for Plot Plan No. 20; and ADOPT Resolution No. 90- approving Plot Plan No. 20; based on the analysis and findings contai4~ed in the Staff Report and subject to the attached Conditions of Approval. OM: ks Attachments: 2. 3. 4. Exhibits Resolutien Conditions of Approval Planning Commission Staff Reports I Dated November 5, 1990 ) Plaftnin9 Commission Minutes I Dated November 5, 1990) STAFFRPT\PP20 2 · o / ~ \,\ ~ LL RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLOT PLAN NO. 20 TO PERMIT CONSTRUCTION OF A 160,561 SQUARE FOOT IN DUSTR I AL BUILDING NORTH OF RANCHO CALl FORNIA ROAD WEST OF BUSINESS PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NO. 921-020-045. WHEREAS, Medical Design Concepts filed Plot Plan No. 20 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Plot Plan application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Plot Plan on November 5, 1990, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Plot Plan; WHEREAS, the City Council conducted a public hearing pertaining to said Plot Plan on November :27, 1990, at which time interested persons had opportunity to testify either in support or opposition to said Plot Plan; and WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding the Plot Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findinqs. That the Temecula City Council hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. ( 2 ) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: STAFFRPT\PP20 1 (a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Plot Plan is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The City is proceeding in a timely fashion with a preparation of the general plan. (2) The City Council finds, in approvin9 projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: (a) There is reasonable probability that Plot Plan No. 20 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. STAFFRPT\PP20 2 D. Pursuant to Section 18.30(c), no plot plan may be approved unless the followin9 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 surroundin9 property. E. As conditioned pursuant to SECTION 3, the Plot Plan proposed conforms to the logical development of its proposed site, and is compatible with the present and future development of the surroundin9 property. More specifically: The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, circulation patterns, access, and intensity of use. (2) The project as designed and conditioned will not adversely affect the public health or welfare. (3) The project is compatible with surrounding land uses. The harmony in scale, bulk, height, intensity, and coverage creates a compatible physical relationship with adjoining properties. (4) The proposal will not have an adverse effect on surroundin9 property, because it does not represent a significant change to the present or planned land use of the area. (5) The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic. (6) The project as designed and conditioned will not adversely affect the built or natural environment as determined in the expanded initial study performed for this project. (7) The design of the project and the type of improvements are such that they are not in conflict with easements for access through or use of the property within the proposed project. STAFFRPT\PP20 3 F. That said findings are supported by minutes, maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. 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 Plot Plan No. 20 for the operation and construction of 160,561 square foot industrial building north of Rancho California Raod west of Business Park Drive subject to the following conditions: A. Exhibit A, attached hereto. SECTION 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 27th day of November, 1990. RONALD J. PARKS MAYOR I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 27th day of November, 1990 by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS JUNE S. GREEK DEPUTY CITY CLERK STAFFRPT\PP20 4 APPLICANT'S ACKNOWLEDGMENT I have read, understand and accept the conditions for approval set forth herein above in this Resolution of approval for Plot Plan No. 20. DATED: By Name Title STAFFRPT\PP20 5 CITY OF TEMECULA PLANNING DEPARTMENT CONDITIONS OF APPROVAL Plot Plan No. 20 City Council Approval Date: Expiration Date: Planninq Department The use hereby permitted by this plot plan is for construction of a 160,561 square foot industrial building with 128,345 square feet of warehouse and 26,850 square feet of office space and 5,366 square feet of manufacturing area on 12.09 acres. 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 Plot Plan No. 20. 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 defense, 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. 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· This approval shall expire on November 5, 1992. The development of the premises shall conform substantially with that as shown on Plot Plan No. 20 marked Exhibit A, or as amended by these conditions. 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 public rights-of-way, and shall comply with Ordinance No. 655. The applicant shall comply with the Engineering Department's Conditions of Approval which are included herein. STAFFRPT\PP20 1 10. 11. 12. All landscaped areas shall be planted in accordance with approve~ landscape, irrigation and shadin9 plans prior to the issuance of occupancy permits. An automatic sprinkler system shall be installed and all landscaped areas shall be maintained in a viable growth condition. Plantin9 within ten 110) feet of an entry or exit driveway shall not be permitted to 9row higher than thirty (30) inches. Prior to the issuance of grading or buildin9 permits, three 13) copies. of a Park in9, Landscapin9, I rri9ation, and 5hadLn9 Plans shall be submitted to the Plannin9 Department of approval. The location, number, genus, species, and container size of the plants shall be shown. Plans shall meet all requirements of Ordinance No. 3~8, Section 18.12, and shall be accompanied by the appropriate filin9 fee. A minimum of 2~6 parking spaces shall be provided in accordance with Section 18.12, Riverside County Ordinance No. 3~8. 2~6 parking spaces shall be provided as shown on the Approved Exhibit A. The parking area shall be surfaced with ( aspbaltic concrete paving to a minimum depth of 3 inches on LI inches of Class I1 base. ) (Amended per Planning Commission 11/5/90. ) A minimum of 5 handicapped parki4~g spaces shall be provided as shown on Exhibit A. Each parking space reserved for the handicapped shall be identified by a permanently affixed raflectori zed sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height if 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be tuwed away at ownePs expense. Towed vehicles may be reclaimed at or by telephone n I n addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicatin9 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 from the following agencies: Engineering Department Envi tonmental Health Riverside County Flood Control Fire Department Written evidence of compliance shall be presented to the Land Use Division of the Department of Building and Safety. STAFFRPT\PP20 2 15. 16. 17. 18. Prior to the issuance of building permits, the following additional plans shall be submitted for Planning Department approval: Landscaping, Irrigation, and Shading Plans. A Plot Plan application for a Sign Program shall be submitted and approved by the Planning Director prior to occupancy. Building elevations shall be in substantial conformance with that shown on Exhibit B. Materials used in the construction of all buildings shall be in s~bstantial conformance with that shown on Exhibit B l Color Etev-dtions). Roof-mounted equipment shall be shielded from grot/nd view. Screening material shall be subject to Planning Department approval. This project is located within a Subsidence Report Zone. Prior to issuanc~ of any building permit by the Temecula Department of Building and Safety, a California Licensed Structural Engineer shall certify that the intended structure or building is safe and structuralty integrated. This certification shall be based upon, but not limited to, the site specific seismic, geologic and geotechnicai conditions. Where hazard of subsidence or fissure development is determined to exist, appropriate mitigation measures must be demonstrated. 19. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. 20. All trash enclosures shall be construe:ted prior to the issuance of occupancy permits. Each enclosure shall be six feat in height and shall be made with masonry block and a steel gate which screens the bins from external view. 21. Landscaping pians shal~ incorporate the use of specknon canopy trees-along streets and within the loaFking areas. 22. All existing specimen trees on the subject property shall be preserved wherever feasible. Where they cannot be preserved they shall be relocated or replaced with specimen trees as approvad by the Planning Director. 23. Any oak trees removed with four (~1) inch or larger trunk diameters shal4 be replaced on a ten (10) to one ( 1 ) basis as approved by the Planning Director. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and sha~t comply with the requirements of Riverside County Ordinance No. 655. 25. Ten (10) Class Ill bicycle ra~ks shall be provided in convenient locations as approved by the Planning Director to facilitate bicycle access to the project area. STAFFRPT\PP20 26. Prior to the issuance of building permits. performance securities. in amounts to be determined by the Director of Building and Safety to guarantee the installation of planrings. walls, and fences in accordance with the approved plan, and adequate maintenance of the Planting for one year, shall be filed with the Department of Building and Safety. 27. Prior to the 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 heatthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 28. Prior to the issuance ef grading permits andJ or building permit. the developer or his successor's interest shall submit a mitigation monitoring, program which shall describe how compliance with required mitigation mires will be met and the appropriate monitoring timing of the mitigation. The applicant shall reimburse the City for all monitoring activity cost. 29. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Riverside County Fire Department With respect to the Conditions of Approval regarding the above referenced plot plan, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and Jot recognized fire protection standards: 30. 31. The Fire Department is required to set a minimum fire flow for the remodel or construction of ati commercial buildings using the procedure established in Ordinance 51&6. Provide or show there exists a water system capable of clelivering 7500 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. 32. A combination of on-site and off-site super fire hydrants, on a looped system 16" x 4" x 2 1/2 x 2 1/2), will be located not less than 25 feet or more than 165 feet from any partion of the building as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrantIs) in the system. 33. 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. STAFFRPT\PP20 ~ 34. 36. 37. 38. 39. 40. 41. 43. 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." 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 shakl be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the buildingt s) . A statement that the buildingis) will be automatically fire sprink~red must be included on the title page of the building plans. Install a supervised wat. erftow 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 bu,itding will be automatically fire sprinklered must appear on the title page of the building plans. Install panic hardware and exit signs as per Chapter 33 of the Uniform Building Code. Low-level Exit Signs, where exit signs are required by Section 33141 a) . Certain designated areas wilt be required to be maintained as fire lanes. Install portable fire extinguishers with-a minimum rating of 2A-10BC. Contact a certified extinguisher company for proper placement of equipment. Prior to issumr~ce of building permits, the applicant/developer shall be responsible to submit a check or money order in the amount of $558.00 to the Riverside CounAcy Fire Department for plan check f~es. Prior to the issuance of buildirK) permits, the developer shall deposit with the Riverside County Fire Department, a check or money order equalin9 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. STAFFRPT\PP20 , 5 Enqineerinq Department The following are the Engineerin9 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 ati existing easements, traveled ways, and drainage courses, and their omission may require the pro~ect to be resubmitted for further consideration. PRIOR TO ISSUANCE OF GRADING PERMITS: 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 Depar*a~aent; Engineering Department; Riverside County Health Department; and CATV Franchise. The developer shatt provide ciearance from all applicable agencies and pay all fees prior to the approval of pians. The developer shatt sul0mit four 14 ) copies of a soils report to the Enghneering Department. The report shall address the soils stability and geological conditions of the site. 48. The developer shall submit four 14) prints of a comprehensive grading plan to the Eng'meering Department. The plan shell 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. A flood mitigation charge shall be paid. The charge shatl 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. A grading permit shall be obtained from the Engineering Department prior to commencement of any grading outside of the City-maintained road right-of- way. 50. If grading is to take place between the months of October and April, erosion control plans will be required. Erosion control plans and notes shall be submitted and approved by the Engineering Department. STAFFRPT\PP20 6 51. The developer shall accept and properly dispose of al| off-site drainage flowing onto or through the site. PRIOR TO ISSUANCE OF BUILDING PERMIT: 52. Prior to issuance of a buitding permit, the developer shall deposit with the Engineering Department a cash sum as established per acre as mi4~gation for traffic signal impact. PRIOR TO ISSUANCE OF CERTIFICATION OF OCCUPANCY: 53. 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 mitigatior~ 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 shali execute the Agreement for Payment of Public Facility Fee, a copy of which has been provided to Developer. Developer understands that said agreement may require the payment of fees in excess of those now estimated l assuming Ioenefit to the project in the amount of such fees) and specifically waives its right to protest such increase. Transportation Enqineerinq PRIOR TO ISSUANCE OF BUILDING PERMITS: A signing and striping plan shaft be designed by a registered Traffic Engineer and approved by the City Engineer for Business Park Drive to accommodate a 250 foot left turn lane, plus transitions, at Rancho California Road. 55. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. PRIOR TO THE ISSUANCE OF BUILDING PERMITS: 56. All signing and striping shall be installed per the City requirements and the approved signing and striping plan. STAFFRPT\PP20 7 -. Notice of Pubic Hearing, THE CITY OF TEMECULA 43172 Business Park Drive Temecula, CA 93290 A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below. Case No: Applicant: Location: Proposal: Environmental Action: Plot Plan No. 20 Medical Design Concepts Business Park Drive, North of Rancho California Road Construct a 160,561 square foot industrial building with 128,345 square feet of warehouse; 26,850 square feet of office; and 5,366 square feet of manufacturing space on 12.09 acres 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 pubic hearing(s) described in this notice, or in written- correspondences delivered to the City Clerk at, or prior to, the pubic hearing(s). The proposed project application(s) may be viewed at the public information counter, Temecula Planning Department, 43180 Business Park Drive, Monday through Friday from 9:00 AM until 4:00 PM. Questions concerning the project(s) may be addressed to Oliver Mujica, City of Temecula Planning Department, (714)694-6400. PLACE OF HEARING DATE OF HEARING TIME OF HEARING Temecula Community Center 28816 Pujol Street Temecula Tuesday, November 27. 1990 7:00 PM PROJECT SITE STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION November 5, 1990 Case No.: Plot Plan No. 20 Prepared By: Oilvet Mujica Recommendation: 1. Adopt Negative Declaration 2. Approval APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: Medical Design Concepts Lusardi Construction Company Construct a 161,800 square foot industrial building with 130,800 square feet of warehouse and 31,000 square feet of office space on 12.09 acres. Business Park Drive, north of Rancho California Road. M-SC (Manufacturing - Service Commercial) North: South: East: West: M-SC ( Manufacturing - Service Commercial ) M-SC (Manufacturing - Service Commercial ) M-SC (Manufacturing - Service Commercial ) M-SC { Manufacturing - Service Commercial ) Not applicable. Vacant North: South: East: West: Vacant Industrial Office I ndustrial Office Vacant STAFFRPT\PP20 1 PROJECT STATISTICS: BACKGROUND: PROJECT DESCRIPTION: ANALYSIS: No. of Buildings: No. of Acres: Total Square Footage: No. of Parking Spaces: Building Height: 1 12.09 161,800 298 30 Feet Status Plot Plan No. 20 was submitted to the City of Temecula on April 27, 1990. On June 28, 1990, this project was reviewed by the Preliminary Development Review Committee (Pre- DRC) in order to informally evaluate the project and address any possible concerns, as well as suggesting possible modifications. The comments by the Pre-DRC included the following: Traffic Impacts Hydrology and Inundation Grading Landscaping Habitat Conservation Subsequent to the Pre-DRC meeting, Staff met with the applicant to discuss the required supplemental material in order to address the Pre-DRC's concerns. On October 18, 1990, Plot Plan No. 20 was reviewed by the Formal Development Review Committee; and, it was determined that the project, as designed, can be adequately conditioned to mitigate the DRC's concerns. The DRC has forwarded a recommendation of approval subject to conditions. Plot Plan No. 20 is a proposal to develop the 12.09 acre site with a 161,800 square foot industrial building. The proposed building contains 130,800 square feet of warehouse and 31,000 square feet of office space. The proposed development has been designed in accordance with the standards of the M- SC { Manufacturing - Service Commercial ) zone. Traffic Impacts The Transportation Engineering Staff has reviewed and accepted the findings and mitigation measures as specified in the Traffic Impact Analysis prepared for Plot Plan No. 20; and has determined that the STAFF R PT\PP2 0 2 proposed project will have a minimal impact to the existing road system and given the proposed mitigation measures, there will be no adverse unmitigable significant traffic impacts resulting from the development of this proposed project. Hydrology The Engineering Staff has reviewed and accepted the drainage study prepared for Plot Plan No. 20; and has determined that the proposed mitigation measures (Conditions of Approval) will provide for no adverse unmitigable significant hydrology impacts resulting from the development of this proposed project. Gradinq and Landform Alteration The proposed project will alter an existing, fairly prominent, natural ridgeline with the construction of manufactured slopes (2:1 and ~%) which reduce the ridge by approximately twenty 120' ) feet. The grading involves approximately 31,035 cubic yards of excavation and approximately 28,907 cubic yards of fill. Erosion Control All graded slopes are proposed to be planted with Rosea Ice Plant at 12" on centers or another approved ground cover. 5lopes over 15~ in vertical height, in addition to ground cover, will be planted with approved trees, shrubs, or combination thereof. Shrubs will be planted at 10' on centers and trees will be planted at 15~ to 20~ on centers. All slopes will have permanent irrigation systems. Habitat Conservation Per Staff~s request, a Stephents Kangaroo Rat Survey was prepared for Plot Plan No. 20. The survey concluded that the project site is outside the boundaries of the K-Rat study areas and that the project development will have no direct effect on the species. Parking Two hundred, ninety-eight 1298) parking spaces are provided along the south and east sides of the STAFFRPT\PP20 3 GENERAL PLAN AND SWAP CONSISTENCY: ENVIRONMENTAL DETERMINATION: proposed building, which exceeds the required 255 parking spaces under the Development Code I Section 18.12 ). Access Access into the proposed development from Business Park Drive is provided by an existing private cul- de-sac 144 feet wide), which has been determined to be acceptable by the Traffic Engineering Staff. Pro}ect Desiqn The proposed project is a tilt-up concrete structure, which is contemporary in appearance, and has been designed to feature painted concrete panels (white and light grey); medium sandblasted painted concrete panels I medium grey); and black tinted glass panels. After reviewing the applicant's exterior elevations, Staff has determined that the proposed project design is compatible with the surrounding neighborhood. Landscape Adequate landscapin9 is planned for the site. A landscape plan will be submitted and approved prior to the issuance of building permits. The proposed project is consistent with the SWAP Land Use Designation of General Light Industrial, which includes distribution warehouses and similar industrial uses. In addition, Staff finds it probable that this project will be consistent with the new General Plan when it is adopted. An Initial Study was performed for this project which determined that although the proposed project could have a significant effect on the environment, no significant impact would result to the natural or built environment in the City because the mitigation measures described in the Conditions of Approval have been added to the project, and a Negative Declaration has been recommended for adoption. STAFFRPT\PP20 4 FINDINGS: There is a reasonable probability that Plot Plan No. 20 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law. There is not a likely probability of substantial detriment to or interference with the future General Plan, if the proposed use 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 configuration, circulation patterns, access, and intensity of use. The project as designed and conditioned will not adversely affect the public health or welfare. The project is compatible with surrounding land uses. The harmony in scale, bulk, height, intensity, and coverage creates a compatible physical relationship with adjoining properties. 10. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area. The project has acceptable access to a dedicated right-d-way which is open to, and useable by, vehicular traffic. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the expanded initial study performed for this project. The design of the project and the type of improvements are such that they are not in conflict with easements for access through or use of the property within the proposed project. STAFFRPT\PP20 5 11. That said findings are supported by minutes, maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. STAFF RECOMMENDATION: The Planning Department Staff recommends that the Planning Commission: ADOPT the Negative Declaration for Plot Plan No. 20; and ADOPT Resolution No. 90- approving Plot Plan No. 20; based on the analysis and findings contained in the Staff Report and subject to the attached Conditions of Approval. OM: ks Attachments: 1. Resolution 2. Conditions of Approval 3. Environmental Assessment Exhibits A. Site Plan B. Exterior Elevations 5. Large Scale Plans STAFFRPT\PP20 6 RESOLUTION NO. 90- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLOT PLAN NO. 20 TO CONSTRUCT A 161,800 SQUARE FOOT INDUSTRIAL BUILDING LOCATED ON BUSINESS PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NO. 921-020-045. WHEREAS, Medical Design Concepts filed Plot Plan No. 20 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Plot Plan application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission conducted a public hearing pertaining to said Plot Plan on November 5, 1990, at which time interested persons had opportunity to testify either in support or opposition to said Plot Plan; and WHEREAS, the Planning Commission received a copy of the Staff Report regarding the Plot Plan; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findinqs. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: 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\PP20 1 There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. ~C) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Plot Plan is consistent with the SWAP and meet the requirements set forth in Section 65360 of the Government Code, to wit: (1) The City is proceeding in a timely fashion with a preparation of the general plan. {2 ) The Planning Commission finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: (a) There is reasonable probability that Plot Plan No. 20 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. Ic) 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. STAFFRPT\PP20 2 APPLICANT'S ACKNOWLEDGMENT I have read, understand and accept the conditions for approval set forth herein above in this Resolution of approval for Plot Plan No. 20. DATED: By Name Title STAFFRPT\PP20 ~ ~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 Plan proposed conforms to the logical development of its proposed site, and Js compatible with the present and future 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 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 Planning Commission hereby approves Plot Plan No. 20 to construct a 161,800 square foot industrial building located on Business Park Drive and known as Assessor's Parcel No. 921-020-045 subject to the following conditions: A. Exhibit A, attached hereto. SECTION 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 5th day of November, 1990. DENNIS CHINIAEFF CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 5th day of November, 1990 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS PLANNING COMMISSIONERS PLANNING COMMISSIONERS STAFFRPT\PP20 3 CITY OF TEMECULA PLANNING DEPARTMENT CONDITIONS OF APPROVAL Plot Plan No. 20 Planning Commission Approval Date: Expiration Date: Planninq Department The use hereby permitted by this plot plan is for construction of a 161,800 square foot industrial building with 130,800 square feet of warehouse and 31,000 square feet of office space on 12.09 acres. 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 Plot Plan No. 20. 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 defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. This approval shall be used within two 12 ) years of approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two ~2 ) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. This approval shall expire on November 5, 1992. The development of the premises shall conform substantially with that as shown on Plot Plan No. 20 marked Exhibit A, or as amended by these conditions. 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 public rights-of-way, and shall comply with Ordinance No. 655. The applicant shall comply with the Engineering Department's Conditions of Approval which are included herein. STAFFRPT\PP20 1 10. 11. All landscaped areas shall be planted in accordance with approved landscape, irrigation and shading plans prior to the issuance of occupancy permits. 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. Prior to the issuance of grading or building permits, three (3) copies of a Parking, Landscaping, Irrigation, and Shading Plans shall be submitted to the Planning Department of approval. The location, number, genus, species, and container size of the plants shall be shown. Plans shall meet all requirements of Ordinance No. 348, Section 18.12, and shall be accompanied by the appropriate filing fee. A minimum of 298 parking spaces shall be provided in accordance with Section 18.12, Riverside County Ordinance No. 3L18. 298 parking spaces shall be provided as shown on the Approved Exhibit A. The parking area shall be surfaced with (asphaitic concrete paving to a minimum depth of 3 inches on ~ inches of Class II base. ) (Decomposed granite compacted to a minimum thickness of three (3) inches treated with not less than 1/2 gallon per square yard of penetration coat oil, followed within six months by an app|ication of 1/~ gallon per square yard of seal coat oil. ) A minimum of 5 handicapped parking spaces shall be provided as shown on Exhibit A. Each parking space reserved for the handicapped shall be identified by a permanently affixed refiectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height if 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles 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 telephone " 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. STAFFRPT\PP20 2 12. 13. 15. 16. 17. 18. 19. 20. 21. 22. Prior to the issuance of a building permit, the applicant shall obtain clearance and/or permits from the following agencies: Engineerin9 Department Environmental Health Riverside County Flood Control Fire Department Written evidence of compliance shall be presented to the Land Use Division of the Department of Building and Safety. Prior to the issuance of building permits, the following additional plans shall be submitted for Planning Department approval: Landscaping, Irrigation, and Shading Plans. A Plot Plan application for a Sign Program shall be submitted and approved by the Planning Director prior to occupancy. Building elevations shall be in substantial conformance with that shown on Exhibit B. Materials used in the construction of all buildings shall be in substantial conformance with that shown on Exhibit B (Color Elevations). Roof-mounted equipment shall be shielded from ground view. Screening material shall be subject to Planning Department approval. This project is located within a Subsidence Report Zone. Prior to issuance of any building permit by the Temecula Department of Building and Safety, a California Licensed Structural Engineer shall certify that the intended structure or building is safe and structurally integrated. This certification shall be based upon, but not limited to, the site specific seismic, geologic and geotechnical conditions. Where hazard of subsidence or fissure development is determined to exist, appropriate mitigation measures must be demonstrated. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. All trash enclosures shall be constructed prior to the issuance of occupancy permits. Each enclosure shall be six feet in height and shall be made with masonry block and a steel gate which screens the bins from external view. Landscaping plans shall incorporate the use of specimen canopy trees along streets and within the parking areas. All existing specimen trees on the subject property shall be preserved wherever feasible. Where they cannot be preserved they shall be relocated or replaced with specimen trees as approved by the Planning Director. STAFFRPT~PP20 3 Any oak trees removed with four (4) inch or larger trunk diameters shall be replaced on a ten (10) to one ( 1 ) basis as approved by the Planning Director. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Riverside County Ordinance No. 655. 25. Ten I10) Class III bicycle racks shall be provided in convenient locations as approved by the Planning Director to facilitate bicycle access to the project area, 26. Prior to the issuance of building permits, performance securities, in amounts to be determined by the Director of Building and Safety to guarantee the installation of planrings, walls, and fences in accordance with the approved plan, and adequate maintenance of the Planting for one year, shall be filed with the Department of Building and Safety. 27. Prior to the 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. 28. Prior to the issuance of grading permits and/or building permit, the developer or his successor's interest shall submit a mitigation monitoring program which shall describe how compliance with required mitigation measures will be met and the appropriate monitoring timing of the mitigation. The applicant shall reimburse the City for all monitoring activity cost. 29. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Riverside County Fire Department With respect to the Conditions of Approval regarding the above referenced plot plan, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: 3O. The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings using the procedure established in Ordinance 5~6. 31. Provide or show there exists a water system capable of delivering 7500 ISPM 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\PP20 ~ 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. A combination of on-site and off-site super fire hydrants, on a looped system {6" x 4" x 2 1/2 x 2 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 hydrant{s) in the system. 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. 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." 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 building{ 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 waterflow monitoring fire alarm system. submitted to the Fire Department for approval prior to required by the Uniform Building Code. Plans must be installation, as A statement that the building will be automatically fire sprinklered must appear on the title page of the building plans. Install panic hardware and exit signs as per Chapter 33 of the Uniform Building Code. Low-level Exit Signs, where exit signs are required by Section 3314la). Certain designated areas will be required to be maintained as fire lanes. 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 applicantJdeveloper shall be responsible to submit a check or money order in the amount of $558.00 to the Riverside County Fire Department for plan check fees. 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. STAFFRPT\PP20 5 Final conditions will be addressed when building plans are reviewed in the Building and Safety Office. En.qineerinq 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: ~. 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 developer shall provide clearance from all applicable agencies and pay all fees prior to the approval of plans. Ll6. The developer shall submit four (L l) copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. LiT. The developer shall submit four ILl) prints of a comprehensive grading plan to the Engineerin9 Department. The plan shall comply with the Uniform Buildin9 Code and Chapter 70 as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 2Ll"x36" mylar by a Ragistered Civil Engineer. 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. A 9radin9 permit shall be obtained from the Engineering Department prior to commencement of any grading outside of the City-maintained road right-d- way. STAFFRPT\PP20 6 50. If grading is to take place between the months of October and April, erosion control plans will be required. Erosion control plans and notes shall be submitted and approved by the Engineering Department. 51. The developer shall accept and properly dispose of all off-site drainage flowing onto or through the site. PRIOR TO ISSUANCE OF BUILDING PERMIT: 52. 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: 53. 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 increa6e. Transportation Enqineerinq PRIOR TO ISSUANCE OF BUILDING PERMITS: A signing and striping plan shall be designed by a registered Traffic Engineer and approved by the City Engineer for Business Park Drive to accommodate a 250 foot left turn lane, plus transitions, at Rancho California Road. 55. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. PRIOR TO THE ISSUANCE OF BUILDING PERMITS: 56. All signing and striping shall be installed per the City requirements and the approved signing and striping plan. STAFFRPT\PP20 7 II CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY Backqround 1. Name of Proponent: 2. Address and Phone Number of Proponent: Date of Environmental Assessment: Agency Requiring Assessment: Name of Proposal, if applicable: Location of Proposal: Environmental Impacts Medical Desiqn Concepts ~3225 Business Park Drive Temecula, CA 92390 (71~) 699-4400 October 19, 1990 CITY OF TEMECULA Plot Plan No. 20 Property next to ~3225 Business Park Drive ( Explanations of all answers are provided on attached sheets. ) Yes Maybe No 1. Earth. Will the proposal result in: ae Unstable earth conditions or in changes in geologic substructures? X be Disruptions, displacements, compac- tion or overcovering of the soil? X Substantial change in topography or ground surface relief features? X The destruction, covering or modi- fication of any unique geologic or physical features? X e® Any substantial increase in wind or water erosion of soils, either on or off site? X STAFFRPT\PP20 1 Yes Maybe No Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? Exposure of people or property to geologic hazards such as earth quakes, landslides, mudslides, ground failure, or similar hazards? Air. Will the proposal result in: Substantial air emissions or deterioration of ambient air quality? The creation of objectionable odors? Ce Alteration of air movement, moisture, or temperature, or any change in climate, whether locally or regionally? Water· Will the proposal result in: Substantial changes in currents, or the course or direction of water movements, in either marine or fresh waters? be Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Ce Alterations to the course or flow of flood waters? Change in the amount of surface water in any water body? 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? X X X X X X X X X X STAFFRPT\PP20 2 Yes Maybe No Plant a. Ce 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? Life· Will the proposal result in: Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)? 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? X X X X X X X X X X STAFFRPT\PP20 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 levets? Light and Glare. Will the proposal produce substantial new light or glare? Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? Natural Resources. Will the proposal result in: 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, pesticicles, 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 area? Housing. Will the proposal affect existing housing or create a demand for additional housing? Transportation/Circulation. Will the proposal result in: Ceneration of substantial additional vehicular movement? X X X X X X X X X STAFFRPT\PP20 4 Yes Maybe No 15. 16. Effects on existing parking facili- ties, or demand for new parking? Ce Substantial impact upon existing transportation systems? Alterations to present patterns of circulation or movement of people and/or goods? ee Alterations to waterborne, rail or air traffic? fe Increase in traffic hazards to motor vehicles, 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? Maintenance of public facilities, including roads? f. Other 9overnmental 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? X X X X X X X X X X X X STAFFRPT\PP20 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: ae 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? Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Will the proposal restrict existing religious or sacred uses within the potential impact area? X X X X X X X X X X X X X STAFFRPT\PP20 6 Yes Maybe No 21. Mandatory Findings of Significance. ae Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal or eliminate important examples of the major periods of CalifoFnia history or prehistory? Does the project have the potential to achieve short-term, to the disadvantage of long-term, environ- mental goals? I A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future. ) Does the project have impacts which are individually limited, but cumu- latively considerable? {A pt-oject'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. ) Does the project have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly? X X X X STAFFRPT\PP20 7 I II Discussion of the Environmental Evaluation Earth 1.b. 1.C. 1.d. 1.e. 1.f. 1.g. Air 2.a. 2.b-c. No. Although the proposed project will result in cut and fill slopes there will not be changes in the base geologic substructures. The slopes shall be manufactured and compacted per the Engineer's requirements and as a result should not result in unstable earth conditions. Yes. All development disrupts the soil profile to some degree and results in soil displacement, compaction and overcovering. Further analysis will determine if additional mitigations are required. Yes. Development of the proposed project will require substantial grading and as a result will alter the existing topography. On the northwestern portion of the site is a small hill that will have to be graded. No. There are no unique geologic or physical features on the site. Yes. 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 high and significant but will be mitigated through minimal grading, retention of natural vegetation whenever feasible, and use of watering trucks and hydro- seeding disturbed areas after grading. No. There is no body of water near the project site which could be affected by the proposed project. Yes. The project site is located within a liquefaction and fault hazard zone area according to the Riverside County General Plan Geologic Hazard Map. A geologic report for the project should address these potential issues. Maybe. Depending upon the amount of traffic generated by the project, an increase in carbon monoxide and particulate emissions will occur. This impact is not considered significant since the air emissions from this project is only an incremental impact to the area's air quality. No. The proposed project should not create any objectionable odors or alter the area's climate. STAFFRPT\PP20 8 Water 3.a,d-e. 3.b-c,g. 3.f. 3.h. 3.i. Plant Life 4.a-d. Animal Life 5.a-c. Noise 6.8. 6.b. No. The proposed project will not affect any body of water. The closest body of water to the site is Murrieta Creek which is approximately one-half mile away. No. The proposed project will increase the amount of impermeable surfaces on the site which will reduce the amount of water absorption. However, the introduction of irrigation to the site will be offset the water absorption rate. Drainage patterns will continue to flow to the streets and channels. No. The proposed project will not interfere with the direction or rate of flow of ground waters. No. The proposed project will not affect the public water supply or system. No. According to the Riverside County General Plan Flood Hazard Map the subject site is not within a hazard zone. No. Although the development of the site will remove any of the plant species that currently exist on the site, no unique, rare or endangered species should be affected. New species of plants will be introduced to the site as part of the landscape requirements for the project. The addition of the new species is not considered a negative impact. It is not clear by the plot plan if the existing Eucalyptus trees on the site will remain. Due to their maturity, as many should be retained as possible. The site is not currently used for agricultural purposes. No. The proposed project is in an area that has been experiencing urbanization for a number of years. It is anticipated that the only animal life on or in the vicinity of the site includes squirrels, rabbits, lizards and other animals common to the area. It is highly unlikely that an endangered specie habitates the site. Yes. On-site noise levels will increase temporarily during construction. Long-term noise impacts will occur due to increased traffic volumes. This impact is not considered to be significant since the surrounding land uses are not noise sensitive. No. Severe noise will not be generated by the proposed project. STAFFRPT\PP20 9 Liqht and Glare Maybe. The proposed project is located within the Mt. Palomar Observatory Street Lighting Policy Area which recommends the use of low pressure sodium vapor (LPSV) lights to help avoid interference with the Mr. Palomar telescope known as "skyglow". The use of LPSV lights will reduce the light and glare produced by the proposed project. Land Use No. The Southwest Area Plan designates the subject site for General Light Industrial. Natural Resources 9.a-b. No. The proposed use will not increase the consumption rate of any natural or non-renewable natural resources. Risk of Upset 10.a-b. No. The proposed use will not require the use of any hazardous substances. During construction it should not be necessary to close any streets which would interfere with emergency vehicles. Population 11. No. The proposed 161,800 square foot industrial building will generate some jobs but not a significant amount to alter the area~s population. Housinq 12. No. The proposed 161,800 square foot industrial building will not generate a significant number of jobs to create a demand for additional housing. Transportation/Circulation 13.a,c. Maybe. The proposed project will generate additional traffic to and from the site. However, it is not anticipated that this increase will be significant. The traffic that is generated by the project may add an incremental impact to the Rancho California Road/I-15 interchange which is currently operating at capacity during peak hours. This potential impact should be evaluated. 1B.b. Yes. The proposed project will require parking to support the use. Based on 31,000 square feet of office space and 130,800 square feet of warehousing, the project will need 255 parking spaces. The proposed plan illustrates 252 spaces. Seven loading spaces are required to service the building and are provided. STAFFRPT~PP20 10 13.d-f. No. The proposed project will not affect the current circulation of goods and people. It should not increase traffic hazards to mater vehicles, bicyclists or pedestrians. Public Services 14.a,b.e. Yes. The proposed industrial use will require public services in the areas of police, fire and maintenance of roads and public facilities. This impact is not considered significant. The incremental impact should be evaluated and the appropriate fees assessed. Property taxes should mitigate the impact and continuing need for services over the long term. 14.c,d,f. No. The project should not have a substantial effect on these public services. Enerqy 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 requires the use of utilities but will not require substantial alteration to the existing systems. Human Health 17.a,b. Maybe. If hazardous substances are stored in the warehouse then that may create a potential health hazard. If hazardous materials will be warehoused at the site, a plan for their use and disposal should be submitted. Aesthetics 18. No. The proposed project will not obstruct any scenic vista open to the public. The elevations of the proposed project are consistent in architectural materials as the surrounding buildings. Recreation 19. No. The subject site is not currently used for recreational uses. STAFFRPT\PP20 11 Cultural Resources 20.a-d. No. The subject site has previously been mass graded and it is unlikely that the project will result in the destruction of a prehistoric or historic archaeological site. If a site is discovered, an archaeologist or paleontologist should be called on site to supervise the digging and determine if the site is significant. The proposed project will not impact any building of historic significance, affect unique ethnic cultural values or restrict sacred uses. Mandatory Findinqs of Siqnificance 21 .a-c. No. The proposed project will environment, have long term considerable cumulative impacts. not significantly environmental affect the natural impacts or have 21 .d. Maybe. If the proposed use warehouses hazardous materials, the project may cause a health hazard to human beings and wildlife. If hazardous materials are to be warehoused at the project, a plan for their use and disposal should be developed and approved by the City. STAFFRPT\PP20 12 ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation: ~ find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a signi- ficant effect on the environment, there will not be a signi- ficant effect on this case because the mitigation measures described on attached sheets and in the Conditions of Approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on an RONMENTAL IMPACT R PORT is the environment, and ENVI required. October 19, 1990 Date Y~OF For CIT TEMEC6LA X STAFFRPT\PP20 13 :: _'11 /,. PLANNING COMMISSION MINUTES NOVEMBER 5# 1990 ORGE WALKER, Davidson Communities, 12520 High Bi D ' e, San Diego, applicant advised the Commissi that the ea in question went nowhere and provided o4 ing for th roject. He stated that this area was ar' of an existing lope on the property line of lots and 68 and would be u d as a maintenance area only. that they could fe ce it along the ~ side of the slope. the applicant Quit- Claim the easements to owner adjacent to the area if it was not going used. JOHN CAVANAUGH advised the Commission were limited to agreeing or disagreeing with the . COMMISSIONER Commission strong[ vacation with urged him to Homeowners lpplicant that the the idea of Conforman( COMMISS 3 : 0 '2 8.' PLOT PLAN NO. 20 moved to approve S stantial No. 2 for Specific Plan No. 16 seconded by FAHEY. COMMISSIONERS: Fahey, Hoagland, C~' iaeff COMMISSIONERS: None COMMISSIONERS: Blair, For 8.1 Proposal to construct a 160,561 square foot industrial building with 128,345 square feet of warehouse, 26,850 square feet of office space and 5,366 square feet of manufacturing. Project is located north of Rancho California Road, Business Park Drive. OLIVER MUJICA provided the staff report on this item. He stated that Condition No. i should be amended to reflect the above stated square footages and Condition No. 10 amended to reflect the total requirement for parking spaces as 246 with 5 handicapped parking spaces. PCMIN11/5/90 -5- NOVEMBER 16, 1990 PLANNING COMMISSION MINUTES NOVEMBER 5# 1990 COMMISSIONER HOAGLANDquestioned the surface requirements for the parking area in Condition No. 10. GARY THORNHILL advised the Commission to disregard the interior sentences beginning with "Decomposed granite". COMMISSIONER CHINIAEFF opened the public hearing at 7:20 P.M. CRAIG WULFEMEYER, 43225 Business Park Drive, Temecula, applicant, advised the Commission that this would be a distribution building for medical products. COMMISSIONER HOAGLAND questioned the requirements for Condition No. 31. GARY THORNHILL stated that this was a standard condition. COMMISSIONER HOAGLAND moved to close the public hearing at 7:25 P.M. and adopt Negative Declaration for Plot Plan No. 20 and recommend that the City Council adopt Resolution No. 90-(next] approving Plot Plan No. 20, seconded by COMMISSIONER FAHEY. AYES: 3 COMMISSIONERS: Fahey, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Blair, Ford 10. CHANGE OF ZONE 5613/VTTM 25082 . 10. PropoSal to change zone from R-R 1/2 to R-1 and e signle family lots at the northeast cor of Calle Me and Nicholas Road. STEVE JI NO provided the sta report on this item. GARY THORNHILL a ' ed Commission that this was a difficult case for s to work on. He stated that the applicant was re ormation from the county when they beg lication. He advised the Commis ' 'ect as sub ' would S mltted PCMIN11/5/90 -6- NOVEMBER 16, 1990 ITEM NO. 9 APPROVAL CITY ATTORNEY ~ FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department November 27, 1990 Parcel Map No. 25212/Change of Zone No. 5663 PREPARED BY: RECOMMENDATION: Steve Padovan Planning Department Staff recommends that the City Council: 1. ADOPT Resolution No. 90 - ; denying Change of Zone No. 5663 and denying Tentative Parcel Map No. 25212. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: Durango Development Co. Durango Development Co. To divide a 5.02 acre residential parcel into 4 parcels approximately I acre each, and to change the existing R-R 2.5 zoning to R-R which allows for half acre lots. Northeast corner of Nicolas and Liefer Roads. R-R 2.5 (Rural Residential, 2.5 acre minimum) STAFF R PT\PM25212 1 SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: PROJECT STATISTICS: BACKGROUND: North: R-R 2.5 (Rural Residential, 2.5 acre minimum) South: R-R 2.5 (Rural Residential, 2.5 acre minimum) East: R-R 2.5 (Rural Residential, 2.5 acre minimum) West: R-R 2.5 (Rural Residential, 2.5 acre minimum) R-R ( Rural Residential) Low Density Residential North: South: East: West: Single Family Residential Vacant Single Family Residential Vacant No. of Acres: Proposed Lot Sizes: 5.02 Parcel 1 - 1.06 acre gross Parcel 2 - 1.01 acre gross Parcel 3 - 1.49 acre gross Parcel 4 - 1.46 acre gross On November 5, 1990, the application was taken to the regular scheduled Planning Commission meeting. The Planning commission held a public hearing on the item. After closing the public hearing, the Planning Commission recommended Denial of the project to the City Council which has the approval authority on this project by a 3-0 vote. In cases of subdivisions, the project may not be approved if the Council makes any of the following findings: a) That the proposed land division is not consistent with applicable general and specific plans. b) That the design or improvement of the proposed land division is not consistent with applicable general and specific plans. c) That the site of the proposed land division is not physically suitable for the type of development. STA FFR PT\PM25212 2 d) That the site of the proposed land division is not physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are likely to cause serious public health problems. g) That the design of the proposed land division or the type of improvements will conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. In this case, the Plannin9 Commission recommended a denial of the application based on the increase in density to an area that is basically very rural with 2-5 acre lots and unimproved roadways. They indicated that this area should remain very low density and that if this project were approved, it may increase the pressure to further subdivide the lots in the surrounding area and thus, increase the density beyond the rural character intended for the area· The Planning commission's denial was based on the following changes to the Staff Report: Change Finding No. 2 for Change of Zone No. 5663 to read "There is a reasonable probability that the zone change from R-R 2.5 to R-R will not be consistent with the future General Plan. Further, densities and uses proposed are not similar to existing densities and uses in the vicinity of the project site." STAFF R PT\PM25212 3 Change Finding No. 3 for Change of Zone No. 5663 to read "There is a reasonable probability of substantial detriment to, or interference with, the future and adopted Ceneral Plan, if the proposed use or action is ultimately inconsistent with the plan." Change Finding No. 4 for Change of Zone No. 5663 to read "The proposed change in district classification is not reasonable and beneficial at this time as it is not a logical expansion of residential uses which exist adjacent to, and in the vicinity of, the project site." Change Finding No. 5 for Change of Zone No. 5663 to read "The proposed change in district classification will likely be inconsistent with the goals, policies and action programs which will be contained in the General Plan when it is ultimately adopted. The density and land use proposed are consistent with the Southwest Area Plan." Change Finding No. 2 for Tentative Parcel Map No. 25212 to read "There is a reasonable probability that this project will not be consistent with the future General Plan." Change Finding No. 3 for Tentative Parcel Map No. 25212 to read "There is a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan." Change Finding No. 5 for Tentative Parcel Map No. 25212 to read "The site is not suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density. The project does not conform to the surrounding area development." STA FFR PT\PM25212 4 STAFF RECOMMENDATION: SP:ks Each of the Planning Commissioner's findings are contained in the attached Resolution. Accordingly, Plann in9 Department Staff recommends that the City Council: 1. ADOPT Resolution No. 90 - ; denyin9 Change of Zone No. 5663 and denyin9 Tentative Parcel Map No. 25212. Attachments Resolution Exhibits Plannin9 Commission Staff Report dated November 5, 1990, with all attachments Plannin9 Commission Minutes dated November 5, 1990 STA FFR PT\PM25212 5 RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING CHANGE OF ZONE NO. 5663 AND PARCEL MAP' NO. 25212 TO SUBDIVIDE A 5.02 ACRE RESIDENTIAL PARCEL INTO FOUR PARCELS AT THE NORTHEAST CORNER OF NICOLAS AND LIEFER ROADS. WHEREAS, Durango Development filed Change of Zone No. 5663 and Parcel Map No. 25212 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Zone Change and Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the City Council considered said Zone Change and Parcel Map on November 27, 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 denied said Zone Change and Parcel Map; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. the following findings: Findinqs. That the Temecula City Council hereby makes A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. ( 2 ) The planning agency finds, in approvin9 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. STA FFR PT\PM25212 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 appIicable 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 Zone Change and Parcel Map is consistent with the SWAP. However, the SWAP designation for the property that is the subject of this prepared Zone Change and Parcel Map (hereinafter, the "Property") is inconsistent with the future General Plan, to wit: (1) The City Council finds, in denying the application that: (a) There is reasonable probability that Zone Change No. 5663 and Parcel Map No. 25212 proposed will not be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. Further, densities and uses proposed are not similar to existing densities and uses in the vicinity of the project site. (b) There is a probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (c) The proposed change in district classification will likely be inconsistent with the goals, policies and action programs which will be contained in the General Plan when it is ultimately adopted although the density and land use proposed are consistent with the Southwest Area Plan. STAFFRPT\PM25212 2 D. (1) Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved if any of the following findings are made: a) That the proposed land division is not consistent with applicable general and specific plans. b) That the design or improvement of the proposed land division is not consistent with applicable general and specific plans. c) That the site of the proposed land division is not physically suitable for the type of development. d) That the site of the proposed land division is not physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are likely to cause serious public health problems. g) That the design of the proposed land division or the type of improvements will conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. (2) The Council in denying the proposed Zone Change and Parcel Map, makes findings (a) and (b) in light of the inconsistency with the future General Plan. Further, the Council makes findings (c) and (d), to wit: ST A FF R PT\PM25212 3 The site is not suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density. The project does not conform to the surrounding area development. E. The proposed change in zone classification is not reasonable and beneficial at this time as it is not a logical expansion of residential uses which exist adjacent to, and in the vicinity of, the project site. SECTION 2. Change of Zone No. 5663 and Tentative Parcel Map No. 25212 are denied on the basis of the above findings. SECTION 3_:_. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 27th day of November, 1990. RONALD J. PARKS MAYOR I HEREBY CERTIFY that the forecJoin9 Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 27th day of November, 1990 by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS JUNE S. GREEK DEPUTY CITY CLERK STAFFR PT\PM25212 4 CITY OF TEMECULA PLANNING DEPARTMENT CONDITIONS OF APPROVAL Tentative Parcel Map No. 25212 Council Approval Date: Expiration Date: Planninq Department The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officers, and employees from any claim, 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 Tentative Parcel Map No. 25212, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. The tentative parcel map shall conform to the requirements of Ordinance 460, Schedule H unless modified by the conditions listed below. This approved tentative parcel map will expire two years after the Plannin9 Commission approval date unless extended as provided by Ordinance 460. The final map shall be prepared by a registered civil engineer or licensed land surveyor subject to all the requirements of the State of California Subdivision Map Act, Riverside county Subdivision Ordinance 460. 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. Street names shall be subject to approval of the City of Temecula. Easements, when required for roadway slopes, drainage facilities, utilities, etc., shall be shown on the final map if within the land division boundary. All offers of dedication shall provide for nonexclusive public road and utility access. All easements, offers of dedication and conveyances shall be submitted and recorded as directed by the City of Temecula. Legal access as required by Ordinance 460 shall be provided from the parcel map boundary to a City maintained road. STAFFRPT\PM25212 1 9.a. 10. 11. 12. 13. 14. 15. 16. All delinquent property taxes shall be paid prior to recordation of the final map. The subdivider shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated April 27, 1990, a copy of which is attached· The subdivider shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated March 28, 1990, a copy of which is attached· If the land division lies within an adopted flood control drainage area pursuant to Section 10.25 of Riverside County Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the Road Commissioner prior to recordation of the final map or waiver of parcel map. The subdivider shall comply with the County Road Commissioner's recommendations outlined in the Office of Road Commissioners and County Surveyor's transmittal dated May 7, 1990. The subdivider shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated March 9, 1990, a copy of which is attached. The subdivider shall comply with the recommendations outlined in the Building and Safety Department: Grading Section's transmittal dated May 7, 1990, a copy of which is attached. The subdivider shall comply with the recommendations set forth in the Airport Land Use Commission letter dated October 24, 1990, a copy of which is attached· The subdivider shall comply with the recommendations outlined in the County Geologist's letter dated March 29, 1990, a copy of which is attached. Prior to issuance of building permits, applicant shall be required to pay applicable Quimby fees in accordance with Section 10.35 of Ordinance 460. 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. Lots created by this subdivision shall be in conformance with the development standards of the R-R zone. STAFFR PT\PM25212 2 17. An Environmental Constraints Sheet (ECS) shall be prepared with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. Prior to the recordation of the final map, a copy of the ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following note(s) shall be placed on the Environmental Constraints Sheet. "This property is located within thirty (30) miles of Mount Palomar Observatory· Light and glare may adversely impact operations at the Observatory. Outdoor lighting shall be from low pressure sodium lamps that are oriented and shielded to prevent direct illumination above the horizontal plane passing through the luminare." Indicate the availability of domestic water services to the subject property as of the date of recordation of the final map. The following note shall be placed on the final map: Constraints affectin9 this property are shown on the accompanying Environmental Constraints Sheet, the original of which is on file at the office of the City Engineer. These constraints affect all parcels. 18. Parcel Map No. 25212 cannot be recorded until Change of Zone No. 5663 is approved and effective· 19. Prior to the issuance of BUILDING PERMITS the following condition 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. Enqi ~, _eri nq 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. 20. The Developer shall comply with the State of California Subdivision Map Act, and all applicable City Ordinances and Resolutions. STAFFRPT\PM25212 3 21. The final map shall be prepared by a licensed land surveyor or registered Civil Engineer, subject to all the requirements of the State of California Subdivision Map Act and Ordinance No. 460. PRIOR TO FINAL MAP APPROVAL: 22. 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. 23. Street "A" shall be a private street, not to be maintained by the City, and shall be constructed 24 feet in width, with an acceptable aggregate base (0.33' thick) on a 32 foot graded section, with a 38' radius turn-a-round. County Road Department Condition Nos. 3 and 14 shall be deleted. 24. Liefer Road shall be improved with 22 feet of half street improvement plus one 12' lane, or bond for the street improvement may be posted per Condition No. 26, within a 33 dedicated right-of-way in accordance with County Standard No. 103, Section A (44'/66'). County Condition Nos. 5 and 13 shall be deleted. 25. All roa'd easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. 26. The subdivider shall construct or post security and an agreement executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: and gutter, drive approaches, signing, striping, control devices as appropriate. pavement, curb and other traffic b. Domestic water systems. 27. A minimum centerline street grade shall be 0.50 percent. 28. All driveways shall be located a minimum of two (2) feet from the property line. STAFFR PT\PM25212 4 29. 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. 30. The subdivider shall submit four copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. 31. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 32. Prior to final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. PRIOR TO ISSUANCE OF GRADING PERMITS: 33. 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 Engineer's Office, in addition to any other permits required. 34. A grading permit shall be obtained from the Engineering Department prior to commencement of any grading outside of the City-maintained road right-of- way. 35. 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. PRIOR TO BUILDING PERMIT: 36. A precise grading plan shall be submitted to the Engineering Department for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. 37. The developer shall enter into an agreement with the City stating that the developer or any future owner of the parcels contained within Parcel Map No. 25212 will not protest any Assessment District formed for the purpose of constructing the public street improvements for Nicolas Road on the frontage of this map. STAFFR PT\PM25212 5 PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 38. Construct full street improvements includin9 but not limited to, curb and 9utter, A.C. pavement, drive approaches, and parkway trees on all interior public streets. 39. All street improvements shall be installed to the satisfaction of the City Engineer. Asphaltic emulsion (fo9 seal) shall be applied not less than 14 days followin9 placement of the asphalt surfacin9 and shall be applied at a rate of 0.05 9allon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, includin9 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 buildin9 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 (assumin9 benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. Transportation Engineerinq PRIOR TO RECORDATION: 42. A si9nin9 and stripin9 plan shall be designed by a re9istered Traffic Engineer and approved by the City Engineer for Liefer Road and Street "A", and shall be included in the street improvement plans, 43. Prior to designin9 any of the above plans, contact Transportation Engineerin9 for the desi9n requirements. PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: A construction area traffic control plan shall be designed by a registered Traffic Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the City Engineer. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: All si9nin9 and stripin9 shall be installed per the City requirements and the approved signin9 and stripin9 plan. STAFF R PT\PM25212 6 · - Notice of Pubic Heariny THE CITY OF TEMECULA 43172 Business Park Drive Temecula, CA 93290 A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below. Case No: Applicant: Location: Proposal: Environmental Action: Parcel Map No. 25212/Change of Zone No. 5663 Durango Development Company Northeast Corner of Nicholas Road and Liefer Road To subdivide a 5.02 acre lot into four parcels and to change the existing R-R 2.5 Zoning to R-R. 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 pubic hearing(s) described in this notice, or in written~. correspondences delivered to the City Clerk at, or prior to, the pubic hearing(s). The proposed- project application(s) may be viewed at the public information counter, Temecula Planning Department, 43180 Business Park Drive, Monday through Friday from 9:00 AM until 4:00 PM. Questions concerning the project(s) may be addressed to Steve Padovan, City of Temecula Planning Department, (714)694-6400. PLACE OF HEARING DATE OF HEARING TIME OF HEARING Temecula Community Center 28816 Pujol Street Temecula Tuesday. November 27. 1990 7:00 PM LIEFER RD. ROlkl;> ~l-r'e, VICINITY MI~P N LIEFER RI~. Ro~' C,,RLLE f~RO'J'F,.CT ~JIC. iN |TY/~KP N 3, \\ \ \ \\\ .~ \\ \ CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: ~rc~( /~tctf, The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan I K-Rat) Parks and Recreation I Quimby ) Public Facility | T raffic Mitigation ) Public Facility |Traffic Signal Mitigation) Public Facility [ Library ) Fire Protection Flood Control [ADP) Condition of Approval Condition No. Condition No. [ L~ Condition No. Condition No. Condition No. Condition N0. Condition No. ~L~ FormslPIng-M9 Case No.: STAFF REPORT - PLANNINC CITY OF TEMECULA PLANNING COMMISSION November 5, 1990 Parcel Map No. 25212/Change of Zone No. 5663 Prepared By: Steve Padovan Recommendation: Approval APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCAT I ON: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: Duran9o Development Co. Durango Development Co. To divide a 5.02 acre residential parcel into ~ parcels approximately 1 acre each, and to change the existing R-R 2.5 zoning to R-R which allows for half acre lots. Northeast corner of Nicolas and Liefer Roads. R-R 2.5 {Rural Residential, 2.5 acre minimum) North: R - R 2.5 South: R - R 2.5 East: R - R 2.5 West: R - R 2.5 { Rural Residential, 2,5 acre minimum) ( Rural Residential, 2.5 acre minimum) I Rural Residential, 2.5 acre minimum) ( Rural Residential, 2.5 acre minimum) R-R I Rural Residential) Low Density Residential North: South: East: West: Single Family Residential Vacant Single Family Residential Vacant STAFF R PT\PM25212 1 PROJECT STATISTICS: BACKGROUND: PROJECT DESCRIPTION: ANALYSIS: No. of Acres: Proposed Lot Sizes: 5.02 Parcel 1 - 1.06 acre gross Parcel 2 - 1.01 acre gross Parcel 3 - 1. ~&9 acre gross Parcel ~ - 1. ~6 acre gross The application for Tentative Parcel Map No. 25212 and Change of Zone No. 5663 was originally submitted to the Riverside County Planning Department on December 1, 1989. It has subsequently been through the LDC process in the county and, upon transfer to the city, has gone through a pre-development review and a formal review by city staff and departments. A biological study indicated that no significant affect on biological resources will occur due to the development of the site. The site is located within the Stephen's Kangaroo Rat Habitat Conservation Plan and will be subject to mitigation fees. The project site contains an existing single family home where the proposed Parcel 1 will be located. The remainder of the site is basically undisturbed and consists of gently rolling slopes with a small drainage swale traversing the site. All roadways surrounding the property are unimproved with a decomposed granite surface. The applicant is proposing to subdivide a 5.02 acre parcel at the northeastern corner of Nicolas Road and Lielet Road into ~ parcels: Parcel 1 - 1.06 gross acres; Parcel 2 - 1.01 gross acres; Parcel 3 - 1 .~9 gross acres; Parcel ~ - 1 .~6 gross acres. In addition, the applicant is requesting a Change of Zone from Rural Residential - 2.5 acre minimum lot size to Rural Residential which allows a minimum lot size of 20,000 square feet. The Change of Zone request would permit the number and size of lots proposed. The proposed parcel map is currently surrounded by low density residential lots ranging from 2 to 5 acres. This area retains a rural character with unimproved roads and septic systems. In addition, several specific plans have been approved to the north and east of the project area with densities ranging from 1/2 to 1 dwelling unit per acre. The applicants are proposing to create ~ one acre lots which would increase the density to 1 unit per acre STA FFR PT\PM25212 2 GENERAL PLAN AND SWAP CONSISTENCY: ENV I R ONMENTA L DETERMINATION: FINDINGS: from the current I unit per 2.5 acres which is required by the current zoning. By rezoning to R-R, the applicant will be permitted to increase the density to 1 unit per half acre. Staff feels that one acre lots will not have a significant impact on the rural character of the immediate surrounding area. One acre lots are consistent with the low density residential atmosphere and can support septic systems which are prevalent in the area. Circulation Access to the new lots will be from a new cul-de-sac which will be fully improved with curb and gutter. Liefer Road will be improved with half street improvements. Nicolas Road will be improved with an asphaltic base and curb and gutter along the length of the project site prior to issuance of building permits. This is due to the fact that this will be a city maintained roadway. No access will be permitted to the parcels from Nicolas. The applicant has requested a zone change from R-R 2.5 to R-R which permits half acre lots. This proposed zoning will not have a significant effect on the environment because it continues to promote a rural atmosphere with low density development. In addition, several higher density developments are designated for the areas to the north and east. Nicolas will be developed as a major arterial with a 110 foot right-d-way to service the future higher density developments. Furthermore, the parcel has a designated density of 1-2 DU/AC according to the Southwest Area Plan and will probably be in conformance with the future General Plan. An initial study has been completed for the project and a Negative Declaration is recommended for the proposal. Chanqe of Zone No. 5663 The proposed zone change will not have a significant adverse effect on the environment, as determined in the initial study performed for this project. A Negative Declaration is recommended for adoption. STAFF R PT\PM25212 3 There is a reasonable probability that the zone change from R-R 2.5 to R-R will be consistent with the future General Plan. Further, densities and uses proposed are similar to existing densities and uses in the vicinity of the project site· There is not a reasonable probability of substantial detriment to, or interference with, the future and adopted General Plan, if the proposed use or action is ultimately inconsistent with the plan. The project is not of significant scope. The proposed change in district classification is reasonable and beneficial at this time as it is a logical expansion of residential uses which exist adjacent to, and in the vicinity of, the project site. The proposed change in district classification will likely be consistent with the goals, policies and action programs which will be contained in the General Plan when it is ultimately adopted. The density and land use proposed are consistent with the Southwest Area Plan· The site of the. proposed change in district classification is suitable to accommodate all the land uses currently permitted in the proposed zoning district as it is of adequate size and shape for the proposed residential use. Possible land use conflicts are not likely to arise as the project proposes residential uses similar to those existing in the general vicinity of the subject site. Adequate access exists for the proposed residential land use from Nicolas and Liefer Roads. Additional internal access and required road improvements to proposed lots will be designed and constructed in conformance with Riverside County standards. That said findings are supported by analysis, minutes, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. STAFF R PT\PM25212 ~ Tentative Parcel Map No. 25212 The proposed Tract Map will not have a significant negative impact on the environment, as determined in the Initial Study performed for the project. A Negative Declaration is recommended for adoption. There is a reasonable probability that this project will be consistent with the future General Plan. There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan. The proposed use complies with State planning and zoning law. The project conforms to the proposed zoning for the site and to Ordinance No. 460, Schedule H. The site is suitable to accommodate the proposed land use in terms of the' size and shape of the lot configurations, access, and density· The 'design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities. All lots have acceptable access to existing and proposed dedicated right-of-ways which are open to. and are useable by, vehicular traffic. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project. STAFF R PT\ PM25212 5 10. 11. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. That said findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. STAFF RECOMMENDATION: Planning Department Staff recommends that the Planning Commission: 1. ADOPT Resolution No. 90 - ; Recommend ADOPT ION of a Ne9ative Declaration for Change of Zone No. 5663 and Parcel Map No. 25212; Recommend APPROVAL of Change of Zone No. 5663 based on the Analysis and Findings contained in the Staff Report. Recommend APPROVAL of Parcel Map No. 25212 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. SP:ks Attachments 1. 3. 2. Conditions of Approval Resolution Environmental Assessment Exhibits STAFF R PT\PM25212 6 CITY OF TEMECULA PLANNING DEPARTMENT CONDITIONS OF APPROVAL Tentative Parcel Map No. 25212 Council Approval Date: Expiration Date: Planninq Department The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its ager~ts, officers. and employees from a~y claim, acticm, 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. appeat boards or legis|ative body corscernin9 Tentative Parcel Map No. 25212, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmtess the City of Temecula. The tentative parcel. map shall conform-to the requitemerrts. of Ordinance ~60, Schedule H unless modified by the conditions listed below. This approved tentative parcel map. wil~ exp'~re two years after the Planning Commission approval date unless extended as provided by Ordinance. The final map shall be prepared by a registered civil engineer or licensed tand surveyor subject to all the requirements of the State of California Subdivision Map Act, Riverside county Sul0d~vision Ordinance All road easements shall be offered for dedication to the public and shall continue in force untill the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City· Street names shall be subject to approval of the City of Ternecula. Easements, when required for roadway slopes. drainage facilities, utilities, etc., shall be shown on the final map if within the land division boundary. All offers of dedication shall provide for nonexclusive public road and utility access. All easements. offers of dedication and conveyances shall be submitted and recorded as directed by the City of Temecula. t Legal access as required by Ordinance ~60 shall be provided from the parcel map boundary to a City meintalned road. STAFF R PT\ PM25212 1 9.3. 10. 11. 12. 13. 15. 16. All delinquent property taxes shall be paid prior to recordation of the final map. The subdivider shall comply with the environmental health recommendations outlined in the County Health Department's transmittat dated April 27, 1990, a copy of which is attached. The subdivider shai4 comply with the flood controt recommendations outlined in the Riverside County Flood Control DistrictIs letter dated March 28, 1990, a copy of which is attached. If the land division lies within an adopted flood control drainage area pursuant to Section 10.25 of Riverside County Land Division Ordinance ~60, appropriate fees for the construction of areadrainage facilities shall be collected by tl~. Road Commissioner prior to recordation of the final map or waiver of parcel map. The subdivider shall comply with the County Road Commissioner's recommendations outlined in the Office of Road Commissioners and County 5urveyoPs transra~ttai dated May 7, 1990. The subdivider shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated March 9, 1990, a copy of which is attached. The subdivider shall comply with the recommendations outlined in the Building and Safety Department: Grading Section's transmittal dated May 7, 1990, a cepy of which is attached. The subdivider shall compty ~uith the recommendations set forth in the Airport Land Use Commission letter dated October 2~, 1990, a copy of which is attached. The subdivider shai4 comply with the recommendations outlined in the County Geotegist~s letter dated March 29, 1990, a copy of which is attached. Prior to issuance of building permits, applicant shall be required to pay applicable Quimby fees in accordance with Section 10.35 of Ordinance ~60, Prior to the issuance of a grading pemit, 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. Lots created by this subdivision shall be in conformance with the development standards of the R-R STAFFRPT\PM25212 2 17. An Environmental Constraints Sheet (ECS) shall be prepared with the final map to delineate identified environmental concerns and shall be permanently flied with the office of the City Engineer. Prior to the recordation of the final map, a copy of the ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following note| s ) shal~ be placed on the Environmental Constraints Sheet. "This property is located within thirty (30) miles of Mount Palomar Observatory. Light and glare may adversely impact operations at the Observatory. Outdoor lighting shall be from low pressure sodium lamps that are oriented and shiel, ied to prever~t direct illumination above the horizontal plane passing through the luminare." Indicate the availability of domestic water services to the subject property as of the date of recordation of the final map. The following note shall be placed on the final map: Constraints affecting this property are shown on the accompar~yin9 Environmental Constraints Sheet, the original of which is on file at the office of the City Engineer. These constraints affect all parcels. 18. Parcel Map No. 25212 cannot be recorded until Change of Zone No. 5663 is approved and effective. 19. Prior to the issuance of BUILDINC PERMITS the following condition shall be satisfied: No building permits shatt be issued by the City for any residential lot/unit within the proj~:t boundary ur~it the devetoper~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· En.qineerin.q 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. 20. The Developer shall comply wLth the State of California Subdivision Map Act, and all applicable City Ordinances and Resolutions. STAFFR PT\PM25212 3 21. The final map shall be prepared by a licensed land surveyor or registered Civil Engineer, subject to all the requirements of the State of California Subdivision Map Act and Ordinance No. 460. PRIOR TO FINAL MAP APPROVAL: 22. The developer shall receive written clearance from the following agencies: Rancho C~..i.-,ornia Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureag; Planning Department; Engineering Department; Riverside County Health Department; and CATV Franchise. 23. Street "A" shall be a private street, not to be ma'tntained by the City, and shall be constructed 24 feet in width, with an acceptable aggregate base (0.33' thick ) on a 32 foot graded section, with a 381 radius turn-a-round. County Road Department Condition Nos. 3 and 1~ shall be deleted. Liefer Road shall be improved with 22 feet of half street improvement plus one 12' lane, or bond for the street improvement may be posted per Condition No. 26, withh~ a 33 dedicated right-of-way in accordance with County Standard No. 103, Section A (~'/66'). County Condition Nos. 5 and 13 shall be deleted. 25. All road easements and/or street dedications shall be offered for dedkation to the public and shall continue in force until the City accepts or abandons such offers· All dedications shall be free from all encumbrances as approved by the City Engineer· 26. The subdivider shall construct or post security and an agreement executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, inchJding, but not limited to: and guttar, drive approaches, signing, striping, control devices as apprepriate. pavement, curb and other traffic b. Domestic water systems. 27. A minimum centerline street grade shall be 0.50 percent. 28. All driveways sha)| be located a minimum of two (2) feet from the property line. STAFF R PT\ PM25212 ~ 29. 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 21~" x 36" mylar by a Registered Civil Engineer. 3O. The subdivider shall submit four copies of a soils report to the Engineering Department. The report shall address the soits stability and geological conditions of the s~te. 31. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from. adjacent areas. 32. Prior to final map, the subdivider shall notify the City~s CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at tim of street improvements. PRIOR TO ISSUANCE OF GRADING PERMITS: 33. 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 Engineerrs Office, in addition to any other permits required. A grading permit shall be obtained from the Engineering Department prior to commencement of any grading outside of the City-maintained road right-of- way. 35. A flood mitigation charge shall be paid. The charge sha~ equal the prevailing Area Drainage Plan fee rate mu4tiplied 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. PRIOR TO BUILDING PERMI.T: 36. 37. A precise grading pta~ shall be. submitted to the-Engineering Deftnme~t for review and approval. The building pad sha|l be certified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. The developer shall enter into an agreement with the City stating that the developer or any future owner of the parcels contained within Parcel Map No. 25212 will not protest any Assessment District formed for the purpose of constructing the public street improvements for Nico|as Road on the frontage of this map. STAFF R PT\PM25212 5 PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 38. Construct full street improvements including but not limited to, curb and 9utter, A.C. pavement, drive approaches, and parkway trees on all interior public streets. 39. All street improvements shall be installed to the satisfaction of the City Engineer. Asphaitic emulsion (fog seal) shall be applied not tess than 1~ 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 9~ of the State Standard Specifications. Developer shall pay any capital fee for road improvements and pubtic 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 Developar 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. T ransportation En.qineerinq PRIOR TO RECORDATION: A signing and strip'rag plan shall be designed by a registered Traffic Engineer and approvecl by the City Engineer for Liefer Road arKt Street "A", and shell be included in the street improvement piaas. Prior to designing any of the above plans, contact Transportation Engin==ring for the design requirements. PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: A construction area traffic control plan shall be designed by a registered Traffic Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the City Engineer. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: All signing and striping shall be installed per the City requirements and the approved signing and striping plan. STAFFRPT\PM25212 6 OFFICE OF ROAD COMMISSIONER & COUNTY SURVEYOR Ivan F. Tennant ACTING ROAD COMMISSIONER & COUNTY SURVEYOR May 7, 1990 COUNTY ADMINISTRATIVE CENTER MAILING ADDRESS: P.O. BOX 1090 RIVERSIDE. CALIFORNIA 92502 {714} 275-6880 Riverside County Planning Commission 4080 Lemon Street Riverside, CA 92501 Ladies and Gentlemen: Tentative PM 25212 - Amend #2 Schedule H - Team 1 - SMD #9 AP #111-111-111-9 With respect to the conditions of approval for the referenced tentative land division map, the Transportation Department recommends that the landdivider provide the following street improvements, street improvement plans and/or road dedications in accordance with Ordinance 460 and Riverside County Road Improvement Standards (Ordinance 461). It is understood that the tentative map correctly shows acceptable centerline elevations, 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. The landdivider shall protect downstream properties from damages caused by alteration of the drainage patterns, i.e., concentration of diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement. All drainage easements shall be shown on the final map and noted as follows: "Drainage Easement - no building, obstructions, or encroachments by land fills are allowed". The protection shall be as approved by the Transportation Department. The landdivider shall accept and properly dispose of all offsite drainage flowing onto or through the site. In the event the Transportation Planning and Development Review Division Engineer permits the use of streets for drainage purposes, the provisions of Article XI of Ordinance No. 460 COUNTY ADMINISTRATIVE CENTER · 4080 LEMON STREET · RIVERSIDE, CALIFORNIA 92501 Tentative PM 25212 - Amend #2 May 7, 1990 Page 2 10. 11. 12. 13. 14. will apply· Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, the subdivider shall provide adequate drainage facilities as approved by the Transportation Department. Sufficient right of way along "A" Street shall be dedicated for public use to provide for a 60 foot full width right of way. Sufficient right of way dedicated for public use width right of way. along Nicholas Road shall be to provide for a 55 foot half Sufficient right of way dedicated for public use width right of way. along Liefer Road shall be to provide for a 33 foot half Corner cutbacks in conformance with County Standard No. 805 shall be shown on the final map and offered for dedication. Lot access shall be restricted on Nicholas Road and so noted on the final map. The landdivider shall provide utility clearance from Rancho California Water District prior to the recordation of the final map. Prior to the recordation of the final map, the developer shall deposit with the Riverside County Transportation Department, a cash sum of $150.00 per lot as mitigation for traffic signal impacts. Parcel 1 will be exempted from mitigation due to the existing residence. The maximum centerline gradient and the minimum centerline radii shall be in conformance with County Standard #114 of Ordinance 461. All centerline intersections shall be at 90 o or as approved by the Transportation Department. Nicholas Road shall be improved with 24 feet of acceptable Aggregate Base (0.33' thick) on a 32 foot graded section within a 110 foot full width dedicated right of way. Liefer Road shall be improved with 24 feet of acceptable Aggregate Base (0.33' thick) on a 32 foot graded section within a 66 foot full width dedicated right of way. "A" Street shall be improved with 24 feet of acceptable Aggregate Base (0.33' thick) on a 32 foot graded section within a 60 foot full width dedicated right of way. Tentative PM 25212 - Amend #2 ~4ay 7, 1990 Page 3 15. 16. 17. 18. 19. 20. 21. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Riverside County Transportation Planning and Development Review Division Engineer. Completion of road improvements does not imply acceptance for maintenance by County. An access road to the nearest road maintained for public use shall be constructed with a 24 foot graded section within a minimum 40 foot part width right of way in accordance with an approved centerline profile as approved by the Transportation Planning and Development Review Division Engineer. A standard cul-de-sac shall be constructed within the landdivision. Landdivisions creating cut or fill slopes adjacent to the streets shall provide erosion control and sight distance control as approved by the Transportation Department. A summary vacation of the superseded existing dedication shall be applied for and processed for concurrent action at the time of the adoption of the final map. If said excess or superseded right of way is also County owned land, it may be necessary to enter into an agreement with the County for its purchase or exchange. The landdivider shall install street name sign(s) in accordance with County Standard No. 816 prior to recordation of the final map as directed by the Transportation Planning and Development Review Division Engineer. 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 the 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 improvement plans and shall depict only such landscaping, irrigation and related facilities as are to be placed within the public road rights-of-way. Tentative PM 25212 - Amend #2 May 7, 1990 Page 4 22. Pursuant to Section 66493 of the Subdivision Map Act any subdivision which is part of an existing Assessment District must comply with the requirements of said Section. SinCerelY, Lawrence A. ~d~rper Division Engineer PLANNING & ENGINEERING 46-209 OASIS STREET, SUITE 405 INDIO, CA 92201 (619} 342-8886 RIVERSIDE COUNTY FIRE DEPARTMENT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION GLEN J. NEWMAN FIRE CHIEF 3-9-90 CkLII~01IIII4 PLANNING & ENGINEERING 3760 12TH STREET RIVERSIDE, CA 92501 (714} 787-6606 TO: PLANNING DEPARTMENT ATTN: RANDY WILSON PARCEL MAP 25212 - AMENDED #2 With respect to the conditions of approval for the above referenced land division, the Fire Department recon~ends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: HAZARDOUS FIRE AREA The land division is located in the "Hazardous Fire Area-" of Riverside County as shown on a map on file with the Clerk of the Board of Supervisors. Any building constructed on lots createdby this land .division shall comply with the special construction provisions contained in Riverside County Ordinance 546. Schedule ."H" fire protection. An approved standard fire hydrant (6"x4"x2½") shall be located so that no portion of the frontage of any lot is more than 500 feet from a fire hydrant. Minimum fire flow shall be 1000 GPM for 2 hours duration at 20 PSI. ENVIRONMENTAL CONSTRAINT SHEET Should the developer choose to defer the ~ire protection requirements, an Environmental Constraint Sheet shall be filed with the final map containing the following: "The property is located in the Hazardous Fire Area. Prior to the issuance of a building permit, the applicant/developer shall provide written certification from the water company that a fire hydrant exists within 500 feet of the driveway entrance or that financial arrangements have been made to provide one. MITIGATION Prior to the recordation of the final map, the developer shall deposit with the Riverside County Fire Department, a cash sum of $400.00 per lot/unit as mitigation for fire protection impacts. Subject: PM 25212 Page 2 All questions regarding the meaning of conditions shall be referred to the Planning and Engineering staff. RAYMOND H. REGIS Chief Fire Department Planner Laura Cabral, Fire Safety Specialist a~la KENNETH L. EDWARDS CHIEF ENGINEER 1995 MARKET STREET P.O, BOX 1033 TELEPHONE (714) 787-2015 FAX NO. (714) 788-9965 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RIVERSIDE, CALIFORNIA 92502 Riverside County P1 anning Department County Administrative Center Riverside, California Attention: Regional Team No. P1 anner ~4NOV AMENDED 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 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 be 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 minimum of 18 inches above adjacent ground surface. Erosion protection shall be provided for mobile home supports." This project is in the · drainage plan fees shall be ~ accordance with the applicable r~les 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 the proposed minor change. This project is a part of free of ordinary storm flood hazard when improvements ~av/hb~e~r°ject will be constructed in accordance with approved plans. The attached comments apply. ~ ,y /(~li~ 9H N H. KASHUBA ~enior Civil Engineer March 29, 1990 Leighton and Associates 27715 Jefferson Avenue, Suite 109 Rancho California, CA 92390 ATTENTION: Mark Bergmann RiVERSiDE COUNt,u PLANNiN DEPARClTIEnC · MAR .S.C 1990 RIVERSIDE COUNTY PLANNING DEPARTMENT SUBJECT: Liquefaction Hazard Project No. 11908500-11 Tentative Parcel Map 25212 A.P.N.: 914-280-012 County Geologic Report No~ 706 Rancho California Area GENTLEMEN: We have reviewed your report entitled "Geologic Site Reconnaissance, Tentative Parcel Map No. 25212, Temecula Area, Riverside County, CA", dated February 7, 1990. Your report determined that the potential for liquefaction to occur on the site is very low to nil. It is our opinion that the report was prepared in a competent. manner and satisfies the additional information requested' under the California Environmental Quality Act review and the Riverside County Comprehensive General Plan. Final approval of the report is hereby given. SAK:jg CC: Very truly yours, RIVERSIDE COUNTY PLANNING DEPARTMENT J . ' , ' rTctor , Durango Development - Tim Crough Norm Lostbom - Building & Safety {2) Planning Team 1 - Randy Wilson 4080 LEMON STREET, 9TH FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787-6181 79733 COUNTRY CLUB DRIVE, SUITE E BERMUDA DUNES, CALIFORNIA 92201 (619) 342-8277 COUNTY OF RIVERSIDE BUILDING AND SAFETY DEPARTMENT GRADING SECTION TO: FROM: DATE: RE: APN #: May 7, 1990 PM 25212 AMENDMENT # 2 914-280-012 The "Grading Section" has reviewed a conceptual grading plan for this site. The plan is acceptable. Consequently, the "Grading Section" recommends approval of this pro3ect if the following conditions are included. Prior to commencing any further grading in excess of 50 cubic yards, the applicant shall obtain a grading permit and approval to construct from the Building and Safety Department. All grading shall conform to the 1988 Uniform Building Code and .Ordinance 457. Prior to issuance of any building permit, the property owner shall obtain a grading permit and approval to construct from the Building and Safety Department. Plant and irrigate fill slopes greater than or equal to 3' and/or cut slopes greater than or equal to 5' in vertical height with grass or ground cover. Slopes that exceed 15' in vertical height are to be provided with shrubs and/or trees per count Ordinance 457, see form 284- 47. Grading in excess of lb9 cubic yards will require performance security to be posted with the Building and Safety department. All drainage facilities shall be designed to accommodate 100 year storm flows. , NOTE: For the final grading plan, please provide th{ applicable information form Building and Safety Department grading forms: 284-120, 284-21, 284-86, and 284-46. These forms are available at all Building and Safety Offices. Thank you. C,JUNTY OF RIVER.. ,JE DEPARTMENT OF HEALTH 4065 COUNTY CIRCLE DR. RIVERSIDE:, CA. 92503 (Mailing Address - P.0. Box 7600 92513-7600) FAX (714) 351-4S2e Date: To: From: Review Projects: Applicant: Environmental or Engineering Go. Consultants: Information Provided: March 27, 1990 (date deposit received) Noise Standards: Hwy. Prediction Model: April 27, 1990 Randy Wilson, Planner Team I Riverside County Planning Department CAC 4080 Lemon St., 9th Floor Riverside, CA 92501 William D. Redden, CIH Supervising Industrial Hygienist Division of Special Services Riverside County Health Department P.O. Box 7600 Riverside, CA 92513-7600 TT 25212 Steven Doulames 23769 Fire Tribes Trail Murrieta, CA 92362 Durango Development 41815 Hawthorne St. Murrieta, CA 92362 Co. Noise Assessment and Noise Control Recommendations for Tentative Parcel No. 25212, County of Riverside by J.J. Van Houten and Associates, Inc. 1. The interior noise levels in residential dwellings shall not exceed 45 Ldn. 2. The exterior noise level shall not exceed 65 Ldn. Using FHWA RD 77-108 Highway Traffic Prediction Model, the noise consultant shall estimate noise impacts (Ldn) from the Arterial Hwys. (design capacity "C" Level of Service). DEPUTY DIRECTOR OF HEALTH DEPUTY DIRECTOR OF HEALTH E.J. GALLAGHER, M.D., M,P.H., M,A. DEPUTY OLqECTOR OF HEALTH PERSONAL HEALTH SERVICES ENVIRONMENTAL HEALTH SERVICES DIRECTOR OF HEALTH SI~ECIAL SERVICES HEALTH CENTERS BANNING 3055 RAMSEY STREET - Blnn,ng. CA g2220 I ELYTHE 2G3 NORTH BROAOWAY· ~tl~e, CA e~22S · CASA ILANCA ~10 MARGUERITA · R,,e~,oe. CA 92504 CORONA 505 SOUTH BUENA VISTA - Corona, CA 91~?0 J NEM/T 180 NORTH STATE STREET - Hemel. CA e~343 · INOiO 46-20t OASIS STREET - inaio. CA g2201 LAKE ELSINO~E 30~eS FRASER OR. - LIke Etl4nofe. CA e~330 t PALM SPRINGS 3 I I 1 TAHQUITZ-MCCA~LUM · Palm SOrtR0e. CA t22S? t PERR,S 237 NORTH'O' ST. - E.R. COYNE, M.S. DEPUTY DIRECTOR OF HEALTH ADMIN. · SUPPORT SERVICES Randy Wilson, Continue"'~ Page 2 Acoustical Parameters for County Highways: ADT design capacity of 24,000 for an Arterial Hwy., (Nicolas) quoted in "Information Pamphlet for Riverside County Traffic Circulation and Roadway Improvement Requirements, Revised 5/11/87." 2. Truck, Auto Mix as follows (Riverside County Road Department): (Overall %) Day % Evening % Night % Auto 92 69.5 12.9 9.6 Med. truck 3 1.44 .06 1.5 Hvy. truck 3 2.4 .1 2.5 Traffic speed of 40 mph. The distance from center of the road to nearest building face in the project estimated to be 175 feet for parcel 4 and 250 feet for parcel 3. 5. Hard site. 6. 20 dB,A weight attenuation provided by standard residential design with windows closed. 7. Barrier calculations based on receptor at 10 feet from barrier and a 3 foot elevation.- 8. Interior calculations based on receptor' at 6 foot elevation inside 'the dwelling, the nearest room to the noise source. Findings: The noise consultant provided acceptable assessment of noise impacts from Nicolas onto the project. Recommendations: The following conditions shall be applied to parcels 4 and 3 of the project based on the infermarion provided by the acoustical consultant. Prior to issuance of building permits for each parcel, (4 & 3), an acoustical report shall be submitted and receive approval from Riverside County Health Department, Division of Special Services. The acoustical consultant shall design a noise barrier at the rear of these yards, so that a 200 sq. foot area or greater is not exposed to highway noise greater than 65 Ldn as projected 10 feet from the barrier at a three foot elevation. In addition the acoustical consultant shall design specifications for first and second stories of the dwellings so that a 70 Ldn (as projected at 175 feet from center of Nicolas) will be reduced to interior level of 45 Ldn. 2. All lot numbers refer to March 8, 1990 amended Map No. 2, Tentative Parcel Map 25212. Randy Wilson, Continue Page 3- CC: The applicant shall pay review fees to the Division of Special Services, Riverside County Health Department, not to exceed the Division's Hourly Rate. Steven Doulames Durango Development J.J. Van Houten and Assoc. 1260 East Katella Ave. Anaheim, CA 92805 October 24, 1990 Timothy Crough Durango Development Co. 41815 Hawthorne Street Murrieta, CA 92363 File No: FV-90-109 Case: PM 25212 CZ 5663 Dear Mr. Crough, SUBJECT: RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION On October 18, 1990, the Riverside County Airport Land Use Commission (ALUC) aDDroved-the above referenced project. The project was approved subject to the following conditions: 1. An avigation easement shall be granted by the property .owner to the French Valley Airport.' ' Should you have questions, please contact me at (714) 369-9577. Very truly yours, EILEEN DALTON Development Specialist ED\ c c: St~lMim~lill~Faqiq an ner · ',_' "':;i:_'7:~eu 1 a RESOLUTION NO. 90- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF CHANGE OF ZONE NO. 5663 AND PARCEL MAP NO. 25212 TO SUBDIVIDE A 5.02 ACRE RESIDENTIAL PARCEL INTO FOUR PARCELS AT THE NORTHEAST CORNER OF NICOLAS AND LIEFER ROADS. WHEREAS, Durango Development filed Change of Zone No. 5663 and Parcel Map No. 25212 in accordance with the Riverside County Land Use. Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS. said Zone Change and Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Zone Change and Parcel Map on November 5, 1990, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS. at the conclusion of the Commission hearing, the Commission recommended approval of said Zone Change and Parcel Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findinqs. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to GOvernment Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: ~a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. STAFF R PT\PM25212 1 There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. ~C) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, I hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Zone Change and Parcel Map is consistent with the SWAP and meets the requirements sat 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. ( 2 ) The Planning Commission finds, in approving projects and taking other actions,-including the issuance of building permits, pursuant to this title, each of the following: (a) There is reasonable probability that Zone Change No. 5663 and Parcel Map No. 25212 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. The proposed use or action complies with all other applicable requirements of state law and local ordinances. STA FFR PT\PM25212 2 project will Declaration, D. Pursuant to Section 6.5. no Zone Change or Parcel 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 Parcel 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 Zone Change and Parcel Map proposed is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that the proposed not have a significant impact on the environment, and a Negative therefore, be granted. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby recommends approval of Zone Change No. 5663 and Parcel Map No. 25212 for the subdivision of a 5.02 acre parcel into four parcels located at the northeast corner of Nicolas and Liefer Roads subject to the following conditions: A. Exhibit A, attached hereto. PASSED, APPROVED AND ADOPTED this 5th day of November, 1990. DENNIS CHINIAEFF CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 5th day of November, 1990 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS STAFF R PT\PM25212 3 APPLICANT'S ACKNOWLEDGMENT I have read, understand and accept the conditions for approval set forth herein above in this Resolution of approval for Parcel Map No. 25212. DATED: By Name Title STAFF R PT\ PM25212 ~ :IEVE:DiDE county 'FLAnn;n DEFA:I nlEn ENVIRONMENTAL ASSESSMENT FORM: ENVIRONMENTAL ASSESSMENT (E.A.) NUMBER: ~ {/j" "7' / PROJECT CASE TYPE(s) AND NUMBERS(s): ~' r/~ ~. :'2 / ~_ APPLICANT'S NAME: /"~ .j / s. r,, ~' ~ ~/~ ,j -~ j 0~ m ~ ~ ~ NAME OF PERSON(s) PREPARING E~.: /'~ ~ ~ ~ ~ ~ /3 ; ~ I. PROJECT INFORMATION A. DESCRI~ION (include pro~ minimum lot size and u~s as appl~ble): ~-~ ~( ,~u~l~d /A~ ~aA~4~ /~t~ ~1 A~ rcg~j STANDARD EVALUATION MODULE NUMBER(s): / B. TOTAL PROJECT AREA: ACRES C. ASSESSOR'S PARCEL NO.(s): -~, O .~ ; or SQUARE FEET 2 -o/'2 D. EXISTINGZONING: '~-/~- ~,J" E. PROPOSED Z0. NING: /~' ~ F. STREET REFERENCES: ,~J n c Jr h e ~ s/' l > c(, IS THE PROPOSAL IN CONFORMANCE? IS THE PROPOSAL IN CONFORMANCE? __ G. SECTION, TOWNSHIP, RANGE DESCRIPTION OR ATrACH A LEGAL DESCRIPTION: H. BFRIEF DESCRIPTION OF THE EXISTING ENVIFIONMENTAL ,SETTING OF THE PFICUECT SITE AND ITS SURFIOUNDINGS II. COMPREHENSIVE GENERAL PLAN OPEN SPACE AND CONSERVATION DESIGNATION Check the appropriate option(s) below and proceed accordingly. FI All or part of the project site is in "Adopted Specific Plans," "REMAP" or "Rancho Villages Community POlicy Areas". Complete Sections III, IV (B and C only), V and VI. {~ All or part of the project site is in "Areas Not Designated as Open Space". Complete Sections III, IV (A, B and D only), V and VI. [] All or part of the project site has an Open Space and Conservation designation other than those mentioned above. Complete Sections III, IV (A, B, and E only), V and VI. 295-70 (New 12/87t I IIll. ENVIRONMENTAL HAZARDS AND RESOURCES ASSESSMENT A. Indicate the nature of the proposed land use as determined from the descriptions aa found in Comprehensive General Plan Figure VI.3 (Circle One). This information is necessary to determine the appropriate land use suitability ratings in Section III.B. NA - Not Applicable Critical Essential Normal-High Risk ~'~Normal-LowR'~sk~ B. Indicate with a yes (Y) or no (N) whether any environmental hazard and/or resource issues may significantly affect or be affected by the proposal. All referenced figures are contained in the Comprehensive General Plan. For any issue marked yes (Y) write additional data sources, agencies consulted, findings of fact and any mitigation measures under Section V. Also, where indicated, circle the appropriate land use suitability or noise acceptability rating{s). (See definitions at bottom of this page). HAZARDS Alquist-Priolo Special Studies or County Fault 12./J Hazard Zones (Fig. Vl.1 ) NA PS U R (Fig. VI.3) Liquefaction Potential Zone (Fig. VI.1) NA S PS U R (Fig. VI.4) Groundshaking Zone (Fig VI. 1) / / NA S PS U R (Fig. VI.5) Slopes (Riv. Co. 800 Scale SIoDe Maps) 15. Landslide Risk Zone (Riv. Co. 800 Scale Seismic Maps or On-site In~on) 16. AJ NA ' S PS U R (Fig. VI.6) Rockfall Hazard (On-s~te Inspection) 17. '/~J Expansive Soils (U.S.DA. Soil 18. Conservation Service Soil Surveys) 19. Erosion (U.S.D.A. Soil Conservation' 20. Service Soil Surveys) 21. Wind Ersosion & Blowsend (Fig. VI.1, 22. FJ Ord. 460, Sec. 14.2 & Ord. 484) 23. Dam Inundation Area (Fig. VI.7) 24. Floodplains (Fig. VI.7) 25. NA U R (Fig. Vl.8) Airlx>rt Noise (Fig. 11.18.5, 11.18.11 & V1.12 & 1984 AICUZ Report, M.A.F.B.) NA A B C D (Fig, VI.11 ) Railroad Noise (Fig. V1.13 - V1.16) NA A B C D (Fig, V1.11) Highway Noise (Fig. VI.17 - VI.29)//o~,~._t NA A B C D (Fig, V1.11) NA A B C D (Fig, VI.11 ) Project Generated Noise Affecting Noise ,Sensitive Uses (Fig. VI.11 ) Noise Sensitive Project (Fig. VI.11) Air Quality Impacts From Project Project Sensitive to Air Quality Water Quality Impacts From-Project ProjeCt Sensitive to Water Quality Hazardous Materials and Wastes Hazardous Fire Area (Fig. VI.30 - VI.31) Other Other 26._~ 27. 28. 29. 31. RESOURCES Agriculture (Fig. VI.34 - VI.35) 32. L/ In or Near an Agricultural Preserve ~' l/2~J D/2 - "? 33.._.~)/ (Riv. Co. Agricultural Land Conversation 34. Y' Contract Maps) Wildlife (Fig. VI.36- VI.37) //- ' ~''~ ''~ 35.._.~ Vegetation (Fig. VI.38 - VI.40) Mineral Resources (Fig. VI.41 - VI.42) 36. Energy Resources (Fig. VI.43 - VI.44) 37. Scenic Highways (Fig. VI.45) Historic Resources (Fig. VI.32- VI.33) Archaeological Resources (Fig. VI.32 - VI.33 & VI.46 - VI.48) Paleontological Resources (Paleontological Resources Map) Other Other Definitions for Land Use Suitability and Noise Acceptability Ratings NA - Not Applicable S - Generally Suitable PS - Provisionally Suitable U - Generally Unsuitable R - Restricted A - Generally Acceptable B - Conditionally Acceptable C - Generally Unacceptable D - Land Use Discouraged N. LAND USE DETERMINATION A. Complete this part unless the project is located in "Adopted Specific Plans", "REMAP" or "Rancho Villages Community Policy 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: 7. SUMMARY OF POLICIES AFFECTING PROPOSAL: Be For all projects, inidcate with a yes (Y) or no (N) whether any public facilities and/or services issues may significantly affect or be affected by the proposal. All referenced figures are contained in the Comprehensive General Plan. For any issue marked yes (Y), write data sources, agencies consuited, findings of fact, and mitigation measures under Section V. PUBUC FACILITIES AND SERVICES 1. ~-) Circulation (Fig. IV. 1 -IV.11. Discuss in 10. S.c. V Existing, Planned & Required Roads) 2. ~J Bike Trails (Fig. IV. 12 - IV. 13) 3. ~ Water (Agency Letters) 4. J%) Sewer (Agency Letters) 5..},J Fire Services (Fig. IV. 16 - IV.18) 6. }J Shedff Services (Fig IV. 17 - W. 18) 7. ''~' Schools (Fig. IV. 17 - W. 18) 8. J--) Solid Waste (Fig. IV. 17 - IV. 18) 9./%) Parks and Recreation (Fig. IV. 19 - IV.20) Ecluestdan Trails (Fig. IV. 19 - IV.24/ Riv. Co. 800 Scale Ecluestdan Trail MAIDS) 11./% j Utilities (Fig. IV.25 - IV.26) 12. ~J Ubraries(Fig. IV.17-W. 18) 13./L] Health Services (Fig. IV. 17- IV. 18) 14. f~J Airports (Fig. 11.18.2-11.18.4, 11.18.8 - 11.18.10 & IV.27 - IV.36) 15 ~ Disaster Preparedness 16.. City Sphere of Influence If all or pad of the project is located in "Adopted Specific Plans", "REMAP" or "Rancho Villages Community Policy Areas", review in detail the specific policies applying to the proposal, and complete the following: 1. State the relevant land use designation(s): 2. Based on this initial study, is the proposal consistent with the policies and designations of the appropriate document. and therefore consistent with the Comprehensive General Plan? If not, explain: IV. LAND USE DETERMINATION (continued) D. If all or part of the project site is in "Areas not Designated as Open Space", and is not in a Community Plan, complete questions 1, 2, 3, 6 and 7. Complete questions 4, 5, 6 and 7 if it is in a Community Plan. 1. Land use category(ies) necessary to support the proposed projed. Also indicate land use type (i.e. residential, commercial, etc.) Current land use category(les) for the site based on existing conditions. Also indicate land use type (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 designation(s): Is the proposed project consistent with the policies and designations of the Community Plan? If not, explain: 6. Is the proposal compatible with existing 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: If all or part 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 designation(s)? If not, explain: Based on this initial study, is the proposal consisent with the Comprehensive General Plan? If 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 DETERMINATION ISSUE NO. REQUIRED REQUESTED RECEIVED (YES/NO,DATE) For each issue marked yes (Y) under Sections III.B and IV.B, identify the Section and issue number and do the 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 concems. 3. State specific mitigation measures, if identifiable without requiring an environmental impact report (E.I.R.) 4. If additional information is required before the environmental assessment can be completed, refer to Subsection A. 5. If additional 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: 295-70 (New 12/87) V. INFORMATION SOURCES, FINDINGS OF FACT AND MITIGATION MEASURES (continued) SECTION/ ISSUE NO. SOURCES, AGENCIES CONSULTED, FINDINGS OF FACT, MITIGATION MEASURES: [] See attached pages. VI. ENVIRONMENTAL IMPACT DETERMINATION: [] The project will not have a significant effect on the environment and a Negative Declaration may be prepared. (or) [] The project could have a significant effect on the environment; however, there will not be a significant effect in this case because the mitigation measures described in Section V have been applied to the project and a Negative Declaration may be prepared. (or) [] The project may have a significant effect on the environment and an Environmental Impact Report is required. Name: Date: Prepared by 295-70 (New 12/87) )/ / \ t / //// ./ CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASENO.:~rc~I /~Anf, The followin9 fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan I K-Rat) Parks and Recreation ( Qu imby ) Public Facility | Traffic Mitigation ) Public Facility ( Traffic Signal Mitigation) Public Facility ( Library ) Fire Protection Flood Control (ADP) Condition of Approval Condition No. Condition No. I L~ Condition No. L~C) Condition No. Condition No. Condition No. [ 0 Condition No. ~L~ FormslPIn9-M9 P N~ COI~ISSION XINUTES NOVEK~ER ~ 1990 ~a X~GLAND moved to continue Item Nos. ~,3,~ and 9 to the meeting of November ~9, 1990, secondea Ky ~OMMISSIONER FAHEY. AYES: 3 NOES: 0 A~'r: 2 HEARINGITEMS COMMT~[IQN~RS: COMMISSIONERS: COMMISSIONERS: ~hey, Hoagland, Chiniaeff None Blair, Ford 4. PARCEL MAP NO. 25212/CHANGE OF ZONE NO. 5663 Proposal to sub-divide 5.02 acre lot into 4 residential parcels and to change the existing R-R 2.1/2 to R-R located at the northeast corner of Nicholas and Liefer Roads. OLIVER MUJICA provided the staff report on this item. DOUG STEWART indicated the following modifications to the Engineering Department Conditions of Approval Nos. 23 and 24, adding "or bonds for the street improvements may be posted"; No. 26, delete street light and medians as required improvements; No. 38, delete street lights and side walks as required improvements. COMMISSIONER CHINIAEFF opened the public hearing on this item at 6:25 P.M. TIM CROUGH, Durango Development, 41815 Hawthorne Street, Murrieta, applicant, concurred With the findings in the staff report; however, objected to the following Engineering Conditions of Approval: Nos. 23, 24, 26, 29, 30, 32, 33, 34, 35, 36, 37, 38, 40, 41, 42, and 45. Mr. Crough stated that he felt that these conditions were excessive and the the improvements which are being required were not consistent with the Subdivision Map Act. He stated that he felt that the County Road Department Conditions were more suitable for the area. He stated that the cost of the improvements would exceed the lot value. The applicant requested that the Commission adopt the County Road Department conditions for street improvements in-lieu of the Engineering Department street conditions. PCMINll/5/90 -2- NOVEMBER 16, 1990 PLI~r~IN~ COIO~ISSION MINUTES NOVEHBER 5, 1990 COMMISSIONER FAHEY questioned the proposed density in relation to the surrounding area and stated that they applicant should expect to do street improvements due to the increase in density. TIM CROUGH stated that he had no negative comments on the proposed density. He added that they were not opposing street improvements; however, they did disagree with the magnitude of the improvements requested by the Engineering Department. COMMISSIONER HOAGLAND stated that a dirt road cul-de-sac was not appropriate and the higher density for this area was an important issue. COMMISSIONER CHINIAEFF expressed concern for future spliting of these lots and asked the applicant if they would consider a minimum lot size for this area. TIM CROUGH stated that they feel their proposal is a suitable buffer. COMMISSIONER HOAGLAND moved to close the public hearing at 6:45 PM and adopt Resolution No. 90-[next] denying adoption of a Negative Declaration for Change of Zone No. 5663 and Parcel Map No. 25212;. not approve Change of Zone No. 5663 and not approve Parcel'Map No. 25212, seconded by COMMISSIONER FAHEY, based on their concerns of sett'ing a-precedent of the entire area, for smaller lot sizes. The Commission felt that the improvements being requested by staff were appropriate for the proposal. AYES: 3 NOES: 0 ABSENT: 2 COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Fahey, Hoagland, Chiniaeff None Blair, Ford APPEAL NO. 7/PLOT PLAN 11149 Proposal to %pneal County Rosa Cundition No. 8 requiring street lights on 'un~ r~-~3~ct located on the west side of Jefferson Ave,,U~, south of Overlna,a Pnad. STEVE JIANNINO provided the staff report on this item. PCMIN11/5/90 -3- NOVEMBER 16, 1990 ITEM NO. 10 APPROVAL{~j~ CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department November 27, 1990 Vesting Tentative Map No. 25082 and Change of Zone No. 5613 PREPARED BY: Mark Rhoades RECOMMENDATION: Adopt Resolution No. 90- denying Change of Zone No. 5613 and denying Vesting Tentative Tract Map No. 25082. APPLICATION INFORMATION APPLICANT: Pavillion Homes, Inc. REPRESENTATIVE: PROPOSAL: C-M Engineering Change of Zone from R-R 1/2 to R-l, Vesting Tentative Tract to create 109 single family lots. LOCATION: Southeast corner of Nicolas Road and Calle Medusa. EXISTING ZONING: R-R 1/2 (Rural Residential, Half Acre Minimum Lot Size) SURROUNDING ZONING: North: R-R 2 1/2 South: R-T East: R-R 1/2 West: R-R 2 1/2 (Rural Residential, Two and One-Half Acre Minimum Lot Size) ( Mobile Home Subdivision and Mobile Home Park) ( Rural Residential, Half Acre Minimum Lot Size) ( Rural Residential, Two and One-half Acre Minimum Lot Size) STAFFR PT\VTM25082 1 PROPOSED ZONING: PROJECT STATISTICS: BACKGROUND: R-1 (Single Family Residential, 7,200 sq.ft. Minimum Lot Size) Number of Acres: Number of Units: Minimum Proposed Lot Size: Minimum Permitted Lot Size: Proposed Density: 35 109 7,200 sq. ft. 7,200 sq.ft. 3.1 Units/Acre Gross On November 5, 1990, the Planning Commission, at its regular scheduled meetin9, held a public hearin9 on the above referenced projects. The Commission forwarded a recommendation of denial to the City Council by a vote of 3-0 with two (2) Commissioners absent. In cases of subdivision, the project may not be approved if the Council makes any of the following findings: a) That the proposed land division is not consistent with applicable general and specific plans. b) That the design or improvement of the proposed land division is not consistent with applicable general and specific plans. c) That the site of the proposed land division is not physically suitable for the type of development. dl e) f) g) That the site of the proposed land division is not physically suitable for the proposed density of the development. That the design of the proposed land division or proposed improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. That the design of the proposed land division or the type of improvements are likely to cause serious public health problems. That the design of the proposed land division or the type of improvements will conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will STAFF R PT\VTM25082 2 STAFF RECOMMENDATION: MR:ks Attachments: be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. In this case, the Commissioners raised concerns regarding the density of the project and the precedence set for the area with approval of the requested zone change. The Commissioners recommended that the zone change application be changed with the southern portion of the tract on the bluff area being zoned R-1 (Single Family Residential) and the area along Nicolas Road to remain R-R-l/2 to provide a buffer to the larger rural lots to the north and east of the project. The applicant did not wish to pursue the Commission's recommendation and requested that his project be forwarded to the City Council for final action. As of the writing of this report, the applicant had not yet mitigated flooding concerns along Santa Gertrudis Creek· The Riverside County Flood Control maintains its recommendation of denial for the proposed vesting tentative map. Each of the Planning Commission's findings are covered in the attached Resolution. Accordingly, the Planning Department Staff recommends that the City Council: ADOPT Resolution No. 90- denying Change of Zone No. 5613 and denying Vesting Tentative Tract Map No. 25082. Exhibits Resolution Planning Commission Staff Report dated November 5, 1990 Planning Commission Minutes dated November 5, 1990 STAFF R PT\VTM25082 3 LOCATION ~r~, ~~- :'r~ RD yIr ,.' II Ii I1 ' 25082 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: 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 M~tigation) Public Facility (Library) Fire Protection Flood Control (ADP) Condition of Approval Condition No. 19 Condition No. 20 Condition No. Condition No. ~3 Condition !'4o. 18. a. Condition No. 11 Condition No. 58 STAFFRPT\VTM25082 $TER PROPERTI~E,S SP 213 _, / ~ / / / AC_ h ZONING .1 _# '% I I I.' RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING CHANGE OF ZONE NO 5613 AND VESTING TENTATIVE TRACT MAP NO. 25082 TO SUBDIVIDE A 35 ACRE PARCEL INTO A 109 UNIT SINGLE FAMILY SUBDIVISION AT THE SOUTHEAST CORNER OF CALLE MEDUSA AND NICOLAS ROAD. WHEREAS, C-M Engineerin9 filed Change of Zone No. 5613 and Vestin9 Tentative Tract Map No. 25082 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Change of Zone and Vesting Tentative Tract Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the City Council considered said Change of Zone and Vesting Tentative Tract Map on November 27, 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 denied said Change of Zone and Vesting Tentative Tract Map; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findinqs. That the Temecula City Council hereby makes the following findings:' A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1} The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: STAFFRPT\VTM25082 1 (a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (b) There is not a probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP'~) was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Zone Change and Vestin9 Tentative Tract Map is consistent with the SWAP. However, the SWAP designation for the property that is the subject of this proposed Zone Change and Vesting Tentative Tract Map ( hereafter the "Property" ) is inconsistent with the future General Plan, to wit: (1) The City Council finds, in denying the application that: (a) There is reasonable probability that Change of Zone No. 5613 and Vesting Tentative Tract Map No. 25082 proposed will not be consistent with the general plan proposal which will be studied within a reasonable time in that the area along Nicolas Road should remain R-R- 1/2 to provide a buffer to the larger rural lots to the north and east of the property. (b) There is a probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (C) The proposed change in zone classification is not reasonable and beneficial at this time as it is a logical expansion of residential uses which exist adjacent to, and in the vicinity of, the project site along Nicolas Road. STA FFR PT\VTM25082 2 D. (1) Pursuant to Section 7.1 of County Ordinance No. 460, and subdivision may be approved if any of the followin9 findings are made: a) That the proposed land division is not consistent with applicable general and specific plans. b) That the design or improvement of the proposed land division is not consistent with applicable general and specific plans. c) That the site of the proposed land division is not physically suitable for the type of development. d) That the site of the proposed land division is not physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are likely to cause serious public health problems, That the design of the proposed land division or the type of improvements will conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. (2) The Council in denying the proposed Zone Change and Parcel Map, makes findings (a) and (b) in light of the inconsistency with the future General Plan. Further, the Council makes finding (c), (d), and (f), to wit: STA FFR PT\VTM25082 3 (a) The site is not suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density. The project does not conform to the surrounding area development along Nicolas Road (b) The site is within the floodway and floodplain of Santa Certrudis Creek. SECTION 2__= The City of Temecula City Council hereby denies Change of Zone No. 5613 and Vesting Tentative Tract Map No. 25082 for the subdivision of a 35 acre parcel into a 109 unit subdivision located at Calle Medusa and Nicolas Road based on the above findings. DENIED AND ADOPTED this 27th day of November, 1990. RONALD J. PARKS MAYOR I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 27th day of November, 1990 by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS JUNE S. GREEK DEPUTY CITY CLERK STA F F R PT\VTM25082 4 CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 25082 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 460, The final map shall be prepared by a licensed land surveyor subject to all the requirements of the State of California Subdivision Map Act and Ordinance 460. e The subdivider shall submit one copy of a soils report to the Riverside County Surveyor's Office and two copies to the Department of Building and Safety. The report shall address the soils stability and geological conditions of the site. Any delinquent property taxes shall be paid prior to recordation of the final map. Legal access as required by Ordinance 460 shall be provided from the tract map boundary to a County/City maintained road. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. Street names shall be subject to approval of the City Engineer· Easements, when required for roadway slopes, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer. Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval· Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. STAFF R PT\VTM25082 1 10. 11. 12. 13. lq. 15. 16. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated September 11, 1990, a copy of which is attached. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated February 7, 1990, a copy of which is attached. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lightin9 Policy, as outlined in the Southwest Area Plan. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittal dated November 20, 1990, a copy of which is attached· 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. be Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: (1) Prior to the issuance of grading permits, detailed slope and reverse frontage area landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following: Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. be 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. Ce 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 STAFF R PT\VTM25082 2 17. 18. specimen trees· Front yards shall be landscaped and street trees planted. Wall plans shall be submitted for the project perimeter and along Nicolas Road, Calle Medusa, and Calle Girasol. 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. fe Where street trees cannot be planted within right-of-way of interior streets and project parkways due to insufficient road right-of-way, they shall be planted outside of the road right-of- way. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. All existing specimen trees and significant rock outcroppings on the subject property shall be shown on the project's grading plans and shall note those to be removed, relocated and/or retained. All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. Prior to the issuance of grading permits, a qualified paleontolo9ist shall be retained by the developer on site during all gradin9 operations for consultation and comment on the proposed gradin9 with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist shall have the authority to temporarily divert, redirect or halt gradin9 activity to allow recovery of fossils. Pursuant to the recommendations outlined in the San Bernardino County Museum letter dated September 14, 1990, attached. This condition shall be reproduced in its entirety on the Environmental Constraint Sheet of the Final Map prior to recordation. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: No buildin9 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 financin9 measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. STAFF R PT\VTM25082 3 19. 20. 21. 22. All buildin9 plans for all new structures shall incorporate, all required elements from the subdivision's approved fire protection plan as approved by the County Fire Marshal. Ce 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 landscapin9 and irrigation to be installed including, but not limited to, parkway planting, street trees, slope planting, and individual front yard landscaping. All dwellings to be constructed within this subdivision shall be designed and constructed with fire retardant ( Class A ) roofs as approved by the Fire Marshal. 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. h. All street side yard setbacks shall be a minimum of ten (10) feet. i. All front yards shall be provided with landscaping and automatic irrigation. 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, prior to recording of final map, or unless waived to prior to issuance of building permits, applicant shall be required to pay applicable Quimby Fees in accordance with Section 10.35 of Ordinance 460. Prior to the issuance of grading permits, final grading plans shall include the recommendations outlined in the County Engineering Geologist's letter dated January 4, 1990, attached. Prior to the recordation of the final map and issuance of any grading permits, the applicant shall obtain map approval and submit a letter of acceptance from the Riverside County Flood Control Department for Vesting Tentative Map No. 25082. STAFFRPT\VTM25082 4 23. Prior to recordation of the final map or the issuance of any 9radin9 permits, the applicant shall submit a cultural resources assessment which includes mitigation measures for any identified cultural resources, pursuant to the comments received from the University of California Riverside, Archaeological Research Unit, dated September 4, 1990, attached. 24. Prior to issuance of any occupancy permits, the applicant shall submit a letter of approval from the United States Postal Service reflectin9 a centralized mail delivery system. 25. Prior to issuance of grading permits, a precise grading plan will be submitted and approved which addresses all 2:1 slopes on site. Said plan shall incorporate contour grading, post and beam construction, or split level construction wherever feasible. This plan is subject to the approval of the Plannin9 Director and the City Engineer. En.clineerin.q 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 regardin9 the true meanin9 of the conditions shall be referred to the Engineerin9 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. 26. The Developer shall comply with the State of California Subdivision Map Act, and all applicable City Ordinances and Resolutions. 27. The final map shall be prepared by a licensed land surveyor or registered Civil Engineer, subject to all the requirements of the State of California Subdivision Map Act and Ordinance No. 460. PRIOR TO FINAL MAP APPROVAL: 28. 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. STAFFRPT\VTM25082 5 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. The following landscaped slopes are required to be annexed into the landscape maintenance districts: Lot 31-35 Lot 36-39 Prior to final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. In the event road or off-site right-of-way are required to comply with these conditions, such easements shall be obtained by the developer; or, in the event the City is required to condemn the easement right-of-way, as provided in the Subdivision Map Act, the developer shall enter into an agreement with the City for the acquisition of such easement at the developer's cost pursuant to Government Code Section 66462.5, which shall be at no cost to the City. Streets A, C, D, F, and H shall be improved with 40 feet of asphalt concrete pavement within the dedicated right-of-way in accordance with County Standard No. 104, A (40/60}. Streets B, E, and G shall be improved with 40 feet of asphalt concrete pavement within the dedicated right-of-way in accordance with County Standard No. 800 Cul-de-sac. Nicolas Road shall be improved with 43 feet of half street improvements plus one 12' lane within a 55 foot half street dedicated right-of-way, plus dedication for an additional 12 foot lane, in accordance with County Standard No. 100 (86/110). Calle Medusa Road shall be improved with 22 feet of half street improvements within a 33 foot half street dedicated right-of-way in accordance with County Standard No. 103, Section A (44/66). Calle Girasol shall be improved with 22 feet of half street improvements plus one 12 foot lane within a 33 foot half street dedicated right-of-way, plus dedication for an additional 12 foot lane, in accordance with County Standard No. 103, Section A (44/66). Vehicular access shall be restricted on Nicolas Road, Calle Medusa, and Calle Girasol, and so noted on the final map. Corner property line cut off shall be required for Riverside County Standard No. 805. Peggy Lou Lane shall be vacated concurrently with the recordation of TR 25082. S TA FF R PT\VTM25082 6 4O. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. The subdivider shall construct or post security and an agreement executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: and gutter, sidewalks, drive approaches, street striping, and traffic control devices as appropriate. pavement, curb lights, signing, b. Storm drain facilities. c. Landscaping. d. Sewer and domestic water systems. The street design and improvement concept of this project shall be coordinated with adjoining developments. Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. 461 and as approved by the City Engineer. Prior to recordation of the final map, the developer shall deposit with the Engineering Department a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. Street names shall be subject to the approval of the City Engineering Department. The minimum centerline radii shall be 300 feet or as approved by the City Engineer. All street centerline intersections shall be at 90 degrees or as approved by the City Engineer. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the City Engineer. A minimum centerline street grade shall be 0.50 percent. All driveways shall conform to the applicable County of Riverside standards and shall be shown on the street improvement plans, in accordance with County Standard 400 and 401 (curb sidewalk). All driveways shall be located a minimum of two (2) feet from the property line. S TA FF R PT\VTM25082 7 51. 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. 52. The developer shall comply with the requirements of the Riverside County Flood Control District. 53. The subdivider shall submit four copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. 54. 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 ISSUANCE OF GRADING PERMITS: 55. 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 Engineer's Office, in addition to any other permits required. 56. A grading permit shall be obtained from the Engineering Department prior to commencement of any grading outside of the City-maintained road right-of- way. 57. All lot drainage shall be to the street by side yard drainage swales independent of any other lot. 58. 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. PRIOR TO ISSUANCE OF BUILDING PERMIT: 59. A precise grading plan shall be submitted to the Engineering Department for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. 60. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. STAFFRPT\VTM25082 8 PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 61. Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. 62. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. 63. Asphaltic emulsion (fog 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. 64. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project, in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which Developer requests its building permits for the project or any phase thereof, the Developer shall execute the Agreement for Payment of Public Facility Fee, a copy of which has been provided to Developer. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. Transportation En.qineerinq PRIOR TO RECORDATION: 65. A signing and striping plan shall be designed by a registered traffic engineer, and approved by the City Engineer, for Calle Girasol, Calle Medusa, Nicolas Road, Street "A", and Street "H" and shall be included with the street improvement plans. 66. Prior to designing any of the above plans, contact Transportation Engineerin9 for the design criteria. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 67. All signing and striping shall be installed per the City standards and the approved signing and striping plan. STAFFRPT\VTM25082 9 '- Notice of Pubic Hearing THE CITY OF TEMECULA 43172 Business Park Drive Temecula, CA 93290 A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below. Case No: Applicant: Location: Proposal: Change of Zone No. 5613/Vesting Tentative Tract Map 25082 Pavilion Homes Northeast Corner of Calle Medusa and Nicholas Road Change of Zone from R-R I/2 to R-l, and create 109 single family lots on 3.5 acres Environmental Action: Deny 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 pubic hearing(s) described in this notice, or in writte~ correspondences delivered to the City Clerk at, or prior to, the pubic hearing(s). The proposed- project application(s) may be viewed at the public information counter, Temecula Planning Department, 43180 Business Park Drive, Monday through Friday from 9:00 AM until 4:00 PM. Questions concerning the project(s)may be addressed 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 Temecula Tuesday. November 27. 1990 7:00 PM V/6/N/ TY MAP STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION November 5 1990 Case No.: Vesting Tentative Map No. 25082 Change of Zone No. 5613 Prepared By: Mark Rhoades Recommendation: Denial APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: Pavillion Homes, Inc. C-M Engineering Change of Zone from R-R 1/2 to R-l, Vesting Tentative Tract to create 109 single family lots. Southeast corner of Nicolas Road and Calle Medusa. R-R 1/2 (Rural Residential, Half Acre Minimum Lot Size) North: R'R 2 1/2 South: R-T East: R-R 1/2 West: R-R 2 1/2 I Rural Residential, Two and One-Half Acre Minimum Lot Size) { Mobile Home Subdivision and Mobile Home Park) I Rural Residential, Half Acre Minimum Lot Size) I Rural Residential, Two and One-half Acre Minimum Lot Size) R-1 {Single Family Residential, 7,200 sq.ft. Minimum Lot Size) Low Density Single Family/Vacant North: South: East: West: Vacant Single Family (7,200sq.ft. rain. lotsize) Vacant Church Under Construction ST A FF R PT\VTM25082 I PROJECT STATISTICS: BACKGROUND: PROJECT DESCRIPTION: Number of Acres: Number of Units: Minimum Proposed Lot Size: Minimum Permitted Lot Size: Proposed Density: 35 109 7,200 sq.ft. 7,200 sq.ft. 3.1 Units/Acre Gross This project was originally filed at the Riverside County Planning Department on September 28, 1989. The file was transferred to the City of Temecula in April of 1990. Since that time Staff has met with the applicant on several occasions to discuss flood concerns, proposed density, and grading. The proposal was taken to Preliminary Development Review on September 13, 1990, and Final Development Review on October 11, 1990. Zone Chanqe Change of Zone No. 5613 is a proposal to change the zone of 35 acres from R-R-l/2 {Rural Residential, Half Acre Lot Size Minimum), to R-1 {Single Family Residential, 7,200 Square Foot Lot Size Minimum). The project is surrounded by R-R-2 1/2 {Rural Residential, Two and One-Half Acre Lot Size Minimum) to the north, west and southeast, and R- T [ Residential-Transition) to the south. Easterly of the project is existing R-R 1/2 zoning. The R-T zone to the south is currently developed to single family residential standards with 7,200 square foot minimum lot sizes. However, separating the proposed project and existing residential development is a significant topographic feature in the form of a substantial natural bluff. The existing use to the west is a church which is under construction. To the north is Santa Gertrudis Creek, vacant land, and some very low density single family rural residential. The Commission recently approved Tentative Tract No. 2500Ll which is northwesterly of'this project. Tract 2500L1 is providing buffer zoning between adjacent high density County Specific Plans and lower density development to the south and east. Tract 2500L~ is an R-1 tract which will dedicate approximately 15 acres of open space to the City. This open space separates Tract 25004 from existing R-R 2 1/2 zoning to the east. Westerly of proposed Vesting Tentative Map No. 25082, there are some STAFFR PT\VTM25082 2 very low density rural residential uses and vacant open land. Staff has determined that the proposed zone change is inconsistent with area development. The project proposes 3.1 units per gross acre. This density is inconsistent with the current rural development and zoning to the north, east, and west. Higher density zoning does occur to the south however, it is topographically separated. It is Staff's opinion that the current zoning of R-R-l/2 on the subject site provides adequate buffer zoning and is consistent with the rural nature of the area. It logically separates the two and one-half acre parcels to the north, west, and east, and the high density single family subdivision to the south. Vestinq Tentative Tract Map Vesting Tentative Tract Map No. 25082 is an application to subdivide 35 acres into 109 single family lots. The density of the proposed project is dependent on the approval of Change of Zone No. 5613. Lot Size The minimum proposed lot size is 7,200 square feet. The maximum lot size is 36,000 square feet with an average lot size of just over 9,700 square feet. The minimum lot size in the proposed R-1 zone is 7,200 square feet. The average lot size of 9,700 square feet includes a large number of lots containing 2:1 slopes in the rear yard. The slopes on one bank of lots average approximately 50' in length and 25 feet in height. If the proposed zone change is not approved, then the proposed subdivision cannot be approved, based on zoning compliance. The R-R 1/2 zoning would require new lot sizes of 112 acre which could reduce the grading on the project site. Parks No area is being set aside for open space. The applicant would be required to pay applicable Quimby fees in the event that the project was approved. STAFFR PT\VTM25082 3 Access Access will be taken from Calle Girasol, and the currently impacted Calle Medusa. Direct access from the tract will not be allowed onto Nicolas Road. Architecture Currently, there is not a specific product slated for construction under this proposal. Design guidelines were submitted which include some general criteria for design and landscaping. The proposed landscape guidelines are minimal in representation. Final landscaping would require separate permit if the project were approved. The guidelines are rather general and do not specifically address this tract. The guidelines do not provide details on large graded slopes proposed on some lots or the method that flood control will be achieved. Gradinq Approximately 350,000 cubic yards will be moved on the 35 acres covered by this proposal. The proposed grading will create some substantial 2:1 slope areas. The applicant submitted cross sections revealing that as much as 50 vertical feet of earth will be removed from some areas. GENERAL PLAN AND SWAP CONSISTENCY: The City of Temecula has elected to use SWAP on an advisory basis. The SWAP designation for this project is residential 2-4 dwelling units per acre. The proposed density is 3.1 units per gross acre which is consistent with SWAP. Staff's recommendation for the zoning to remain R-R-l/2 will keep the density at two 12) units per acres. The existing density of two units per acre is also in conformance with the current SWAP designation. Staff is concerned that the proposal may not be in conformance with the City's future adopted General Plan. Currently, the area in question exhibits a very rural and low density residential character. If the City's future General Plan exhibits a designation which would preserve that character, then this project would not be consistent. STAFFRPT\VTM25082 4 ENVIRONMENTAL DETERMINATION: A Preliminary Environmental Assessment was conducted by Staff. The following areas of potential impact were reviewed in detail: Bioloqy A Biological Study was conducted which identified no existing Stephen's Kangaroo Rats on site. No other biological impacts were identified. C;radinq The proposed grading plan is currently unacceptable to the Engineering Department. The primary issue that the grading plan does not address adequately is the flooding potential on the lower portions of the site. A new grading plan will need to be submitted which adequately addresses this issue. Floodinq Staff has received two memorandums from the County Flood Control District relating to this project. The memos were written on April 12 and October 10 of 1990..and are attached to this report as exhibits. The Flood Control District has stated that the applicant, "has not presented a realistic solution to the flood hazard from Santa Gertrudis Creek." The design and channelization of the creek needs to be coordinated with the Engineering Department, State Fish and Game, United States Fish and Wildlife, and County Flood Control. As presented, the project poses serious potential threats to the public health, safety, and welfare. In the event findings are made to approve this project, Conditions of Approval have been included which require the project to obtain flood control clearance prior to the issuance of any grading permits. Engineering has indicated that regional facilities will need to be constructed for Santa Gertrudis Creek. This entails the extension of Assessment District 161, Channel Improvements. ST A FF R PT\VTM25082 5 A third Flood Control letter (attached) was received by the Planning Department on October 30, 1990. The third letter states that the Flood Control District will not even condition this project until a "viable flood control construction program" is in existence. Riverside County Flood Control has also stated that this project should not be cleared and recommends denial of the project. Environmental Conclusion Staff has concluded that significant environmental impacts may occur because of the proposed density, grading, and unmitigated potential flooding impact. However, if the Commission chooses to make the findings necessary to approve this project, Conditions of Approval have been included for the project to move forward. Mitigation measures for a mitigated Negative Declaration are conditioned to be met with additional approvals from County Road Control and the City Engineer prior to any grading taking place or the recordat,on of the map or portion of the map. FINDINGS: Chanqe of Zone No. 5613 The proposed zone change may have a significant adverse effect on the environment, as determined in the initial study performed for this project. a) See Environmental Concerns section of this report. There is a reasonable probability that the zone change from R-R 2.5 to R-1 will not be consistent with the future General Plan· Further, densities and uses proposed are not similar to existing densities and uses in the vicinity of the project site. a) See Zone Change section of this report. ST A FF R PT\VTM25082 6 There is a reasonable probability of substantial detriment to, or interference with, the future and adopted General Plan, if the proposed use or action is ultimately inconsistent with the plan. a) See SWAP consistency section of this report. The proposed change in district classification is not reasonable and beneficial at this time as it is a logical expansion of residential uses which exist adjacent to, and in the vicinity of, the project site. a) See Zone Change section of this report. The site of the proposed change in district classification is not suitable to accommodate all the land uses currently permitted in the proposed zoning district. Possible land use conflicts are likely to arise as the project proposes residential uses which are not similar to those existing in the general vicinity of the subject site. a) See Zone Change, Lot Size, and Grading sections of this report. That said findings are supported by analysis, minutes, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. Vestinq Tentative Tract No. 25082 There is a reasonable probability that Vesting Tentative Tract No. 25082 will not be consistent with the City~s future General Plan, which will be completed within a reasonable time in accordance with State Law. a) See SWAP Consistency section in this report. STAFFRPT\VTM25082 7 There is a likely probability of substantial detriment to or interference with the future and adopted Ceneral Plan, if the proposed use or action is ultimately inconsistent with the plan. a) See SWAP Consistency section in this report. The proposed site is unsuitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, circulation patterns, access, and density. a) See Grading, Environmental Concerns, Change of Zone, Vesting Tentative Map and Lot Size sections of this report. The project as designed will adversely affect the public health or welfare. a) See Environmental Concerns section in this report. Vesting Tentative Tract No. 25082 is not compatible with surrounding land uses. a) See Change of Zone and General Plan sections of this report. The proposal will have an adverse affect on surrounding property, because it does represent a significant change to the present or planned land use of the area. a) See Change of Zone and General Plan sections of this report. The project as designed and may adversely affect the built or natural environment as determined in the Initial Study for this project. a) See Environmental Concerns section in this report. STAFF R PT\VTM25082 8 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 Planning Commission forward the recommendation to the City Council: that the following DENIAL of Change of Zone 5613, based on the analysis and findings contained in the Initial Study and Staff Report; and, DENIAL of Vesting Tentative Tract No. 25082, based on the analysis and findings contained in the Staff Report, subject to the attached Conditions of Approval· MR:ks ST A FF R PT\VTM25082 9 RESOLUTION NO. 90- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA DENYING VESTING TENTATIVE TRACT MAP NO. 25082 TO SUBDIVIDE A 35 ACRE PARCEL INTO A 109 UNIT SINGLE FAMILY SUBDIVISION AND CHANGE OF ZONE AT THE SOUTHEAST CORNER OF CALLE MEDUSA AND NICOLAS ROAD. WHEREAS, C-M Engineerin9 filed Change of Zone No. 5613 and Vestin9 Tentative Tract Map No. 25082 in accordance with the Riverside County Land Use, Zonin9, Plannin9 and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Change of Zone and Vesting Tentative Tract Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Change of Zone and Vesting Tentative Tract Map on November 5, 1990, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission denial of said Change of Zone and Vesting Tentative Tract Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTI~ON 1. Findinqs. That the Temecula Planning Commission hereby makes the following findings: 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: j STAFF R PT\VTM25082 1 There is a reasonable probability that the !and use or action proposed will not be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. Ib) There is a probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. 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 Vesting Tentative Tract Map is consistent with the SWAP and does not meet the requirements set forth in Section 65360 of the Government Code, to wit: (1) The city is proceeding in a timely fashion with a preparation of the general plan. (2) The Planning CommisSion finds, in 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. 25082 proposed will not be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. Ib) There is a probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. The proposed use or action does not comply with all other applicable requirements of state law and local ordinances. STAFF R PT\VTM25082 2 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. The Change of Zone and Vesting Tentative Tract Map will not promote the health, safety and welfare of the community. That the City of Temecula Planning Commission hereby denies Change of Zone No. 5613 and Vesting Tentative Tract Map No. 25082 for the subdivision of a 35 acre parcel into a 109 unit subdivision located at Calle Medusa and Nicolas Road based on the additional findings. A. Exhibit A, attached hereto. DENIED AND ADOPTED this 5th day of November, 1990. DENNIS CHINIAEFF CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 5th day of November, 1990 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS STAFF R PT\VTM25082 3 CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 25082 Council Approval Date: Expiration Date: Planni 1. n,q 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 460. The final map shall be prepared by a licensed land surveyor subject to all the requirements of the State of California Subdivision Map Act and Ordinance 460. The subdivider shall submit one copy of a soils report to the Riverside County Surveyor's Office and two copies to the Department of Building and Safety. The report shall address the soils stability-and geological conditions of the site. Any delinquent property taxes shall be paid prior to recordation of the final map. Legal access as required by Ordinance 460 shall be provided from the tract map boundary to a County/City maintained road. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. Street names shall be subject to approval of the City Engineer. Easements, when required for roadway slopes, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer. Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. STAFFR PT\VTM25082 1 10. 11. 12. 13. 15. 16. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated September 11, 1990, a copy of which is attached. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Departmentis letter dated February 7, 1990, a copy of which is attached· All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan· The applicant shall comply with the recommendations outlined in the Rancho Water District transmittal dated November 20, 1990, a copy of which is attached. 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. 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 respo. nsibilities of other parties as approVed by the Planning Director. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: I1) Prior to the issuance of grading permits, detailed slope and reverse frontage area landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following: Permanent automatic irrigation syaterns shall be installed on all landscaped areas requiring 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 STAFF R PT~VTM25082 2 17. 18. specimen trees· Front yards shall be landscaped and street trees planted. Wall plans shall be submitted for the project perimeter and along Nicolas Road, Calle Medusa. and Calle Girasol. 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-of-way of interior streets and project parkways due to insufficient road right-of-way, they shall be planted outside of the road right-of- way. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. All existing specimen tress 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 on site during all grading operations for consultation and comment on the proposed grading with-respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. Pursuant to the recommendations outlined in the San Bernard/no County Museum letter dated September 14, 1990, attached. This condition shall be reproduced in its entirety on the Environmental Constraint Sheet of the Final Map prior to recordat/on. 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 15100) per lot/unit shall be deposited with the City as mitigation for public library development. STAFF R PT\VTM25082 3 19. 20. 21. 22. All building plans for all new structures shall incorporate, all required elements from the subdivision's approved fire protection plan as approved by the County Fire Marshal. 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 landscapLng. All dwellings to be constructed within this subdivision shall be designed and constructed with fire retardant { Class A ) roofs as approved by the Fire Marshal· 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 110) feet. h. All street side yard setbacks shall be a minimum of ten ~10) feet. i. All front yards shall be provided with landscaping and automatic irrigation· 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, prior to recording of final map, or unless waived to prior to issuance of building permits, applicant shall be required to pay applicable Quimby Fees in accordance with Section 10.35 of Ordinance 460. Prior to the issuance of grading permits, final grading plans shall include the recommendations outlined in the County Engineering Geologist's letter dated January LI, 1990, attached. Prior to the recordation of the final map and issuance of any grading permits, the applicant shall obtain map approval and submit a letter of acceptance from the Riverside County Flood Control Department for Vesting Tentative Map No. 25082. STAFF R PT\VTM25082 4 23. Prior to recordation of the final map or the issuance of any grading permits, the applicant shall submit a cultural resources assessment which includes mitigation measures for any identified cultural resources, pursuant to the comments received from the University of California Riverside, Archaeological Research Unit, dated September ~, 1990, attached. Prior to issuance of any occupancy permits, the applicant shall submit a letter of approval from the United States Postal Service reflecting a centralized mail delivery system. 25. Prior to issuance of grading permits, a precise grading plan will be submitted and approved which addresses all 2:1 slopes on site. Said plan shall incorporate contour grading, post and beam construction, or split level construction wherever feasible. This plan is subject to the approval of the Planning Director and the City Engineer. 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. 26. The Developer shall comply with the State of California Subdivision Map Act, and all applicable City Ordinances and Resolutions. 27. The final map shall be prepared by a licensed land surveyor or registered Civil Engineer, subject to all the requirements of the State of California Subdivision Map Act and Ordinance No. ~60. PRIOR TO FINAL MAP APPROVAL: 28. 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. ST A FF R PT\VTM25082 5 29. 30. 31. 32. 35. 36. 37. 38. 39. The following landscaped slopes are required to be annexed into the landscape maintenance districts: Lot 31-35 Lot 36 -39 Prior to final map, the subdivider shall notify the City~s CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvemerits. In the event road or off-site right-of-way are required to comply with these conditions, such easements shall be obtained by the developer; or, in the event the City is required to condemn the easement right-d-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 Covernment Code Section 66462.5, which shall be at no cost to the City. Streets A, C, D, F, and H shall be improved with q4:) feet of asphalt concrete pavement within the dedicated right-of-way in accordance with County Standard No. 104, A 140/60). Streets B, E, and G shall be improved with 40 feet of asphalt concrete pavement within the dedicated right-d-way in accordance with County Standard No. 800 Cul-de-sac. Nicolas Road shall be improved with 43 feet'of half street improvements plus one 12' lane within a 55 foot half street dedicated right-d-way, plus dedication for an additional 12 foot lane, in accordance with County Standard No. 100 [86/110). Calle Medusa Road shall be improved with 22 'feet of half street improvements within a 33 foot half street dedicated right-d-way in accordance with County Standard No. 103, Section A 1~/66). Calle Girasol shall be improved with 22 feet of half street improvements plus one 12 foot lane within a 33 foot half street dedicated right-of-way, plus dedication for an additional 12 foot lane, in accordance with County Standard No. 103, Section A Vehicular access shall be restricted on Nicolas Road, Calle Medusa, and Calle Girasol, and so noted on the final map. Corner property line cut off shall be required for Riverside County Standard No. 805. Peggy Lou Lane shall be vacated concurrently with the recordation of TR 25082. STAFF R PT\VTM25082 6 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. The subdivider shall construct or post security and an agreement executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: and gutter, sidewalks, drive approaches, street striping, and traffic control devices as appropriate. pavement, curb lights, signing, b. Storm drain facilities. c. Landscaping. d. Sewer and domestic water systems. The street design and improvement concept of this project shall be coordinated with adjoining developments. Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. 461 and as approved by the City Engineer. Prior to recordat{on of the final map, the developer shall deposit with the Engineering Department a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. Street names shall be subject to the approval of the City Engineering Department. The minimum centerline radii shall be 300 feet or as approved by the City Engineer. All street centerline intersections shall be at 90 degrees or as approved by the City Engineer. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the City Engineer. A minimum centerline street grade shall be 0.50 percent. All driveways shall conform to the applicable County of Riverside standards and shall be shown on the street improvement plans, in accordance with County Standard 400 and 401 {curb sidewalk). All driveways shall be located a minimum of two ~2) feet from the property line. STAFF R PT\VTM25082 7 51. 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 2~" x 36" mylar by a Registered Civil Engineer. 52. The developer shall comply with the requirements of the Riverside County Flood Control District. 53. The subdivider shall submit four copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. A 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 ISSUANCE OF GRADINC PERMITS: 55. Prior to any work being performed in public right-d-way, fees shall be paid and an encroachment permit shall be obtained from the City Engineer's Office, in addition to any other permits required. 56. A grading permit shall be obtained from the Engineering Department prior to commencement of any grading outside of the City-maintained road right-of- way. 57. All lot drainage shall be to the street by side yard drainage swales independent of any other lot. 58. 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. PRIOR TO ISSUANCE OF BUILDING PERMIT: 59. A precise grading plan shall be submitted to the Engineering Department for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. 60. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. STAFF R PT\VTM25082 8 PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 61. Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. 62. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. 63. Asphaltic emulsion {fog seal) shall be applied not less than 1L~ 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 9~ of the State Standard Specifications. 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/Nogative 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 Agr=:.-nent for Payment of Public Facility Fee, a copy of which has been provided to Developer. Developer understands that said Agreement may require the payment of fees in excess of those now estimated l assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. Transportation Enqineerinq PRIOR TO RECORDATION: 65. A signing and striping plan shall be designed by a registered traffic engineer, and approved by the City Engineer, for Caile Girasol, Calle Medusa, Nicolas Road, Street "A", and Street "H" and shall be included with the street improvement plans. 66. Prior to designing any of the above plans, contact Transportation Engineering for the design criteria. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 67. All signing and striping shall be installed per the City standards and the approved signing and striping plan. STAFFRPT\VTM25082 9 -C. '., . " COUNTY OF RIVERSIDE DEPARTMENT OF HEALTH / 4065 COUNTY CIRCLE 0R, RIVERSIDE, CA. 92503 (Metlena Alldress - P.O. Boa 7600 9251:5-7600) rAC,',, ~' (lid) 35r]-4579 September 11. 1990 CITY OF TEMECULA 43180 Buszness Park Drive. Suite 200 Temecula, CA 92390 ATTN: Mark Rhoades RE: VESTING TENTATIVE TRACT MAP NO. 25002: PARCELS 1. 2 AND 3 OF P.M. N0. 6228, P.M.B. 17/21. PAI~CEL 20[r P.M. NO. 19278, P.M.B. 126/41-42 AND A PORT]ON OF PEGGY L0U LANE TO BE VACATED. PAOWRCEL MAPS RECORDED IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF RIVERSIDE. STATE OF CALIFORNIA (109 lOTS) Dear Gentlemen: The Department of F'ubllc Map No. 25082 and reco~nmenci that: A water svstezn shall be ]ll";t.'iJ Ir.rl ;Ir:r:r,r,l:ll,I t,r, plans and specxfzcatzon as al~lJl'rJvc, d JJV tJl~, w;~l. or company and the Health DeDartz,,c.;~t. Permanent prints of the plans of the water system ~hal] be submitted In trlDll,:at.e. wit. I, a Inl~illnUm ~calo not lods than one lncl~ e,~a J.. ,]lJ{j ( L,,'.L . a]ol,a wltJl the orlqinal drawlna to the County Surveyor. ' The prints shall show the ]~lternal D1De diameter, loc&Lion of valves all,lJ fll',, J~v,Jl:ll,1%: I~]p,. .!oxnt specifications. and t!~e s~ze el the n~a~n at the .1unction of the new system to the existina system. The plans shall comply mn all respects with Dlv. 5. Part 1. ClsaDter 7 of the California Health and SaI'etv Code. Califor~ma Aclminlstratlve Code. Title ~2. Chapter 1~. and General Order No. 103 of the Fublic IIt~lmt. me~ Comm~xon of thin State of CAllfornl:l. wl~o~, al,l,! s,::~l,I,.. '!'1~,, i,I;~ ,;I,al I be sianed by a reaxstered el,,311~,'~e~ ~cl wat.~r comDalaV w~th the followlna cert~f~cation: "] certify that the desian of the water svsten, in Tract MaD He. 25813 In accordance with the wat.,~r '; v '; t ,:.., ,',:{I,a~,~ 1,311 DJalaS the Ranthe California Water L1lstrlct a~d t.l~at tl~e water service. storaae and dxstrlbut. lon svstem w~il be adequate to Provide water sotrico to ~,.~ch Tract. City of Temecula Paoe Two ATTN: Mark Rheades Septo:,~bor 11. 199U TIlls certification does :lot coll%t. ltut, e a c~,J~lrantee that it will supply water to such Tract mad at any specific quantities. flows or Pressures for fire protection or .~nv other D,.[e[.~.,~o" ]'ljls c~rtlf~cat. lor~ sh~ll be sipned by ~ respo~glble off:clal of the water company. Tb~.._~l~.~__~us~__be_ subm 1 t.~ed__ ~..o ..~,he .cqqn~y_ S.MEy_fy~.[L.q_~r_[.~_CR_3p__re.yle~z at least.two ~zeeks.p[ior tO.__the....ceque.s.t. f.o~..the recorrlaf :on of the final map. This-subdivision has a statement from Rancho California Water District aclr~elncl to servr~ r|oln,,';t. lc wat. r,r t.o eacli ni~,J every lot in the subdivision on ,.Ion, a~d prOvld~rJ s~tisfactory financial ~rranaements are completed with the subdivider. It will be nec-~qarv for f~;,n~,c~al nrranc;om~t~ This subdivision ls within the Eastl_~rn Municipal Water District and shall be connected to the ~ewer~ of the District. TIle sewer system sl~all I~ l~,-,t. al loci ;~,:c~dl],,~ to plans ~nd specifications as aPprOvOd bV tl~e D~strlct.. tl~e · Count~ Surveyor and the Health Department. Permanent prlnt~ of the plans of the sewer system shall be submitted in triplicate, along with the or:pin.l] dra~r~, to tl,e County surveyor. The prints sh~ll show the ~nternal pipe diameter, loc~tion of m~nholes, complete profiles, pipe ~nd .Joint specifications and the size of the sewers ~t the ~unctlon the new system to the exlstln~ system. A single pl~t indicating location of sewer lines and water lines shal] be ~ portlon of the sewaoe plans and water lines shall be portion of the sewage plan~ ~nd prof~ ~-~. 7'!an I,!~n~ with the followinQ cert~fic~[~o~: "] ,:e~ t~lv ~.1~:~. tl',e desl~n of the sewer system in Tract M~D No. 251~2 ~ccord~nce with the sewer system p:<Da~aq~on p]an~ of the E~stern Municipal W~ter Dxstr~ct a~,.! t.l,~t tl,e ~t.~ d:sDo~l system xs ~dequ~te at this time to treat the anticxp~ted w~stes from the proposed tract ,/ City of Temecula Paae 3 ATTN: Mark Rhoades September 11. 1990 T_.hR__P.!...a.n~__m..~Ls...~.._b.e...._s._.ubm_i.tt. ed...t0._ the Coura ty. $,.i rveVo r ~ s Of f ice .t.Q._.r...e_.y.i_e..w....._a..t._l.e.a_s_t._...t~.o_..W.eeks pr a or to t. he request .for the .r_e__c..o_n.d.._a__t_i_O_D. o f t h e f 1 n a_!__m a p_,_ It will be necessary for financial arranoement~ to be completely finallzed Prior to recordatlon of the final maD. 8i cerelV. rtinez, Envim Ma tonmental !{ealt.!~ SnnC~allst IV SM:dr RIVERSIDE COUNTY FIRE DEPARTMENT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION GLEN J. NEWMAN FIRE CHIEF 2-7-90 T, kLIFO RIiA ~ ~%~t !~iOTEC~iO Ilk PLANNING & ENGINEERING 46-209 OASIS STREET, SUITE 405 INDIO, CA 92201 (619} 34Z-8886 TO: PLANNING DEPARTMENT PLANNING & ENGINEERING 3760 12TH STREET RIVERSIDE, CA 92501 (714) 787-6606 ATTN: RANDY WILSON TRACT 25082 - AMENDED #3 With respect to the conditions of approval for the above referenced land division, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: FIRE PROTECTION Schedule "A" fire protection approved standard fire hydrants, (6"x4"x2{") located one at each street intersection and spaced no more than 330 feet apart in any direction, with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for 2 hours duration at 20 PSI. Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall conform to fire hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Dept." The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. HAZARDOUS FIRE AREA The land division is located in the "Hazardous Fire Area" of Riverside County as shown on a map on file with the Clerk of the Board of Supervisors. Any building constructed on lots created by this land division shall comply with the special construction provisions contained in Riverside County Ordinance 546. RE: TR 25082 Page 2 All buildings shall be constructed with fire retardant roofing material as described in section 3203 of the Uniform Building Code. Any wood shingles or shakes shall have a Class "B" rating and shall be approved by the Fire Department prior to installation. MITIGATION Prior to the recordation of the final map, the developer shall deposit with the Riverside County Fire Department a cash sum of $400.00 per lot/unit as mitigation for fire protection impacts. Should the developer choose to defer the time of payment, he may enter into a written agreement with the County deferring .said payment to the time of issuance of a building permit. All questions regarding the meaning of the conditions shall be referred to the Fire Department Planning and Engineering staff. RAYMOND H. REGIS Chief Fire Department Planner Laura Cabral, Fire Safety Specialist ml Water Board of Directors: James A. Darby President Jeffrey L. Minklet St. Vice President Ralph Dai|y Doug Kulberg Jon A. Lundin T. C. Rowe Richard D. Steffey Officers: John F. Hennigar General Manager Phillip L Forbes Director of Finance- Treasurer Thomas R. McAliester Director of Operations & Maintenance Edward P. Lemons Director of Engineenng Linda M. Fregoso District Secretary McCormick & Kidman Legal Counsel November 20, 1989 Riverside County Planning Department 4080 Lemon Street, 9th Floor Riverside, California 92501-3657 Subject: Water Availability Reference: Vesting Tract No. 25082 Change of Zone 5613 Gentlemen: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District. Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. Water availability would be contingent upon the property owner .signing an Agency Agreement which assigns water management rights, if any, to RCWD. If you have any questions, please contact Senga Doherty at (714) 676-4101. Very truly yours, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon Engineering Manager F012/jkm297f cc: Senga Doherty R A N C H O C ALI F O R N IA W A T E R D I S T R I C 'l' I RECEIVED SEP SAN BERNARDINO GOUNTY MUSEUM , Ormnge Tree LIne * Redlands, CA 92374 · (714) 798-8570 · 422-1610 September 12, 1990 COUNTY OF SAN BERNARDINO GENERAL SERVICES AGENCY Mark Rhoades, Planner Temecula Planning Department 43180 Business Park Drive Temecula, CA 92390 re: VESTING TENTATIVE TRACT4C-,99~_. CZ 56!3, PAVILION HOMES The project is located on the very fossiliferous Pauba Formation. Excavation associated with development will impact nonrenewable paleontologic resources. The developer must retain a qualified vertebrate paleontologist to develop a site-specific program to mitigate impacts to paleontologic resources. This program should include: (1) monitoring of excavation by a qualified paleontologic monitor; (2) preparation of recovered specimens, including sediment processing for small vertebrate fossils; (3) curation of specimens into an established repository; and (4) a report of fmdings with complete specimen inventory. Sincerely, Dr. Allan D. Griesemer Museums Director ADG:RER/jr INTER-DEPARTMENTAL LETTER COUNTY OF january 4, 1990 RIVERSIDE TO: FROM: RE: Randy Wilson - Team I .-- Steven A. Kupferman - Engineering Geologist ~-/~ Tentative Tract No. 25082 Slope Stability Report No. 175 The following report has been reviewed relative to slope stability at the subject site: "Geotechnical Report For A Proposed 116 Single - Family Home Subdivision Within The 35 Acre Parcel Described As Tentative Tract No. 25082," by South Coast Geologic Services, dated October 20, 1989, and response to County review, dated December 13, 1989, also by South Coast Geologic Services. This report determined that: Cut and fill slopes are planned at a gradient of 2:1 (horizontal: vertical} or less. Maximum slope heights on the order of 70 and 15 feet are proposed for cut and fill slopes, respectively. 2. No adverse geologic conditions are expected to be encountered with the proposed cut slopes. 3. Adequate factors of safety were calculated for proposed cut and fill slopes under both static and pseudostatic conditions. 4. The surficial stability of the proposed slopes is considered acceptable. This report recommended that: 1. All cut slopes shall be made under the observation of the project geol ogi st. 2. Fill slopes may be graded at 2:1 or flatter· Fill slopes shall be overfilled at least six (6) feet and trimmed back to achieve a firm surface. As an alternation to slope overfill, the slope may be compacted at design grade during construction. 4. Proposed cut slopes may be graded at a 2:1 gradient. Where the cut slope exposes clean ravelling sand, erosion protection will be required. Randy Wilson - Team 1 Tentative Tract No. 25082 Slope Stability Report No. 175 Page -2- 5. Terrace drains shall be provided as set forth in the latest Uniform Building Code. 6. Newly constructed slopes, existing slopes where vegetation is not sufficient or has been damaged due to construction shall be planted as soon as possible with a deep-rooted ground cover requiring a minimum of irrigation. This report satisfies the General Plan requirement for a slope stability report. The recommendations made in this report shall be adhered to in the design and construction of this project. SAK:mp CITY OF TEMECULA DEVELOPMEN r REVIEW COMMITTEE PROJECT TRANSMI'fTAL DAlE ~'_?_."'/_C? lhe attoched4roJect has been schedulecl for tile Development Review Committee MeG|lag of - t.~-c~D , 1990 at 9:00 a,m. . Your written comments or attendalice Is requested. Please tt'ansmlt written colnments one week prior to meetl,g. ... 1he meeting will be held st: CIty of Temecula CIty !lall q3180 Bushless Park Drive, Suite 200 l'emecula. CA 92390 I~ IN t~[p 0 4 F)90 EIC If you have any questions regarding tills project. please contact the Planning Dei>art~nent at ( 7 I~ ) 69rl-6qOO. ' Project Information: Applicant: Representative: ~ ~J~ -CML-m~ EEV_lU(-~ Proposal:/~_H/~rdC~E <~ A 'EEC-,~LtEc-.>'T "fED SL~'PI,J IbE .%S' Ac PLC-, 1140 ~6-~LC 'FA, M( LY' LOTr~, Location: ~ tCOL/%~ ~:Z-3:~' A.P. I: qlLI_ c~OD- Case Planner: Oc'r'~}cJlOlO/lwS~ I?-.-I I"~1 ILl, I~ I"/- Distributionl _,p Engineering Departmentl Doug Building and Safety Departme'nts ~_[~]Jmi~[y Plan Review Water Distriotl anoho Water -'Wil! 8erye- VeE~ Temeoula Valley Un"~fE~eh;o~'Distr~0tl ~~~"' Fire Departmentl~ur~ C~l · Flood ControlDistrietl Ooh~Kashuba Health Departmentl ~olic. Departmentl~~V~; ' ~a~ks and Reo=eatJon~;~a=tme~tl OanJne OVeU~ " . Traffio and Engineeringl Others taiLOrs - --- - ~ XrmyeorpsofEngineerss ,~ Dept of Fish I Games . 'UCR~rohasologiomlRssearohUnjtl.' '~irport Land Use Couissionl 16. Bistorio V~ese~ation Boards COH~ENTS: Our records show that th~s pr05ect area has 0nly been partially surveyed and we recommend*~ DATE: October 2, 1989 :IifE:I, iDE cotInky PL, nnin DEP, :I nlEn TO: Assessor Building and Safety - Land Use Building and Safety - Grading Surveyor - Ken Teich Road Department Health - Ralph Luchs Flood Control District ~' ~. ~' -' Fish & Game j~ U.S. Postal Service- Ruth E. Davidson U.S. Fish & Wildlife Services OCT25 1989 ~ county su erintendent of School oaunfReorn afalt,oF lr iaHa Vson sR'VERS,DE COUNTy PLANNING DEPARTMENT Commissioner Turner Greater Lake Mathews Rural Trails Ass Eastern Nunicipal Water Dist. San Bernardino County Museum Mark Balys Community Plans Southern California Gas General Telephone Caltrans #8 Temecula Union School District VESTING TRACT 25082/CHANGE OF ZONE 5613 - {Tm-1) - E.A. 34341 - Pavilion Homes, Inc. - Skinner Lake Area - First Supervisorial District - S of Nicolas Rd., E of Calle Nedusa - R-R Zone - 35 Acres into 116 Lots - Schedule A - No Waiver - REQUEST: Change zone from R-R to R-1 - Hod 119 - A.P. 914-500-008-10,12-15,17 Please review the case described above, along with the attached case map. A Land Division Committee meeting has been tentatively scheduled for October -26, 1989. If it clears, it will then go to public hearing. Your comments and recommendations are requested prior to October 26, 1989 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 Randy Wilson at 787-1363. Planner COMMENTS: FUTURE MODE OF MAIL DELIVERY: CENTRALIZED Contact with the U.S. Postal Service is required by the Developer/Builder prior to construction for delivery type and locations.~j~~ DATe: 10'23-8'i sze.ATu. , PLEASE print name and title C~(~aU~ VA~ 6aebtm irlo t usPS 4080 LEMON STREET. 9'r" FLOOR RIVERSIDE, CALIFORNIA 92501 46-209 OASIS STREET. ROOM 304 INDIO, CALIFORNIA 92201 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY Backqround 1. Name of Proponent: 2. Address and Phone Number of Proponent: e Date of Environmental Assessment: Agency Requiring Assessment: Name of Proposal, if applicable: Location of Proposal: Pavillion - JLD Ventures 23181 Verduqo, Sp. 105A Laquna Beach, CA 92653 9-10-90 CITY OF TEMECULA Vesting Tentative Tract Map No. 25082 and Chanqe Zone No. 5613 Southeast Corner of the Intersection of Nicolas Road and Calle Medusa II Environmental Impacts I Explanations of all answers are provided on attached sheets. ) Yes Maybe No 1. Earth. Will the proposal result in: Unstable earth conditions or in changes in geologic substructures? X Disruptions, displacements, compac- tion or overcovering of the soil? X Substantial change in topography or ground surface relief features? X The destruction, covering or modi- fication of any unique geologic or physical features? X ee Any substantial increase in wind or water erosion of soils, either on or off site? X STAFF R PT\ VTM25082 1 Yes Maybe No 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 emissions or deterioration of ambient air quality? The creation of objectionable odors? Ce Alteration of air movement, moisture, or temperature, or any change in climate, whether locally or regionally? .Water. Will the proposal result in: Substantial changes in currents, or the course or direction of water movements, in either marine or fresh waters? Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Ce Alterations to the course or flow of flood waters? Change in the amount of surface water in any water body? Discharge into surface waters, or in any alteration of surface water quality, including, but not limited to, temperature, dissolved oxygen or turbidity? f0 Alteration of the direction or rate of flow or ground waters? X X X X X X X X X X STAFF R PT\VTM25082 2 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: Change in the diversity of species, or number of any native species of plants l including trees, shrubs, grass, crops, and aquatic plants)? be Reduction of the numbers of any unique, rare, or endangered species of plants? Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? Substantial reduction in acreage of any agricultural crop? Animal Life. Will the proposal result in: Change in the diversity of species, or numbers of any species of animals {birds, land animals including rep- tiles, fish and shellfish, benthic organisms or insects)? be Reduction of the numbers of any unique, rare or endangered species of animals? Deterioration to existing fish or wildlife habitat? Yes X Maybe No X X X X X X X X STAFF R PT\VTM25082 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 planned land use of an area? Natural Resources. Will the proposal result in: Substantial increase in the rate of use of any natural resources? Substantial depletion of any non- renewable natural resource? Risk of Upset. Will the proposal involve: A risk of an explosion or the release of hazardous substances l including, but not limited to, oil, pesticides, chemicals or radiation ) in the event of an accident or upset conditions? Possible interference with an emerg- ency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? Housing. Will the proposal affect existing housing or create a demand for additional housing? Transportation/Circulation. Will the proposal result in: Generation of substantial additional vehicular movement? X X X X X X X X X X X STAFFR PT\VTM25082 4 Yes Maybe No 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? 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? 'd. Parks or other recreational facilities? 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? X X X X X X X X X X X X X STAFF R PT\VTM25082 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. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Will the proposal restrict existing religious or sacred uses within the potential impact area? X X X X X X X X X X X X X STA FFR PT\ VTM25082 6 21. Yes Maybe No 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? Does the project have the potential to achieve short-term, to the disadvantage of long-term, environ- mental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future. ) Does the project have impacts which are individually limited, but cumu- latively considerable? (A 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. ) Does the project have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly? __ X X X X STAFF R PT\VTM25082 7 I II Discussion of the Environmental Evaluation Earth 1.b. 1 .c-d. 1.8. 1.f. 1.g. Air 2.a-c. 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. Yes. All development disrupts the soil profile to some degree and results in soil displacement, compaction, and overcovering. This impact is not considered significant. Yes. The mass grading will substantially change the topography and physical features of the site. However, manufactured slopes will be constructed and landscaped to a level of non-significance including contour grading, split level pads, and post and beam construction were installed. 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-seeding of disturbed areas after grading. After the project is completed, incUreased water run-off during floods may occur. Water will be channeled to drainage easements and streets. Appropriate drainage control devices will have to be approved by the City Engineer and designed in accordance with Temecula's standards and the Conditions of Approvat. Yes. Since the project site is adjacent to Santa Gertrudis Creek, the proposed project will cause erosion of or deposition into a creek or stream bed. The project will require acceptance of mitigation by County Flood Control which will render the impact non-significant. No. The subject site is not designated as subject to liquefaction or subsidence by the Riverside County General Plan. No. The proposed project will not significantly impact the area~s air quality. STAFFRPT\VTM25082 8 Water 3.a,d-e. 3.b. 3.d-g. 3.h. 3.i. Veqetation L~.a-c. ~.d. Wildlife 5.a-c. Noise 6.a-b. 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. Yes. 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 the project will require flood control approval which will render the impact non-significant. Yes. Flood waters will continue to be diverted to the streets and flood channels, the project will require flood control approval which will render the impact non-significant. 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. Yes. 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 not found. Conditions of Approval have been included which require the applicant to pay mitigation fees. No. Analysis indicates that the project site may be exposed to significant levels of noise as a result of traffic on Nicolas 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. STAFFRPT\VTM25082 Liqht and Glare Yes. However, the project has been conditioned to comply with applicable lighting standards. Land Use Yes. The project is not consistent with the current zoning designation. However, if the Change of Zone is approved, the project will be in compliance. Natural Resources 9.a-b. No. This project itself will not significantly increase the rate of use of natural resources. Construction materials and petroleum products will be used extensively to support the specific plan project overall. Risk of Upset 10.a-b. No. The proposed project will not promote a risk of explosion or release hazardous substances nor will it interfere with emergency response plan or an emergency evaluation plan. Population 11. Yes. Although the project proposes to increase the density to allow 109 dwelling 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. Transportation/Circulation 13. a. Maybe. 13.b-e. No. 13. f. Maybe. The Traffic Study which was prepared for the proposed project has addressed potential tra[[ic impacts and has concluded that the cumulative impacts will not be significant. Public Services Yes. The proposed project will not have significant adverse effect on public services including parks and recreational facilities, schools, and fire. However, mitigation fees will be paid which will render the impacts non-significant. ' STAFFR PT\VTM25082 10 Enerqy 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 effect on human health. Aesthetics 18. Maybe. The proposed project will be removing some natural hills, bluffs and slopes to be replaced by 2: 1 manufactured slopes. However, the slopes will be contoured and landscaped to mitigate impacts. Recreation 19. Maybe. The proposed project will increase population which may impact recreation facilities. Quimby fees will be paid to mitigate impacts. Cultural Resources 20. a-d. No impact. Mandatory Findinqs of Siqnificance 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 Stephenis 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. STAFFRPT\VTM25082 11 ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a signi- ficant effect on the environment, there will not be a signi- ficant effect on this case because the mitigation measures described on attached sheets and in the Conditions of Approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. X Date For CITY OF TEMECULA STAFF R PT\VTM25082 12 OCT 29 '90 15:46 RIV[RSID[ CO, FLOOD DISTRICT I~ENN~TH L,, IFDWA~[:~, RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT October 29, 1990 till MAIKFF liTlilT le.O. BOX 1033 TELEIN. iCNI[ (714) FAX NO. ¢714) 71s-see5 City of Temecula 43180 Business Park Drive, Suite 200 Temecula, CA 923~S Attention: DouS Stuart Deputy City Engineer Gentlemen: Re: Vestlng Tract 25082 This is a proposal to divide 35 acres for residential use at the southeast corner of NicoLas Road and Calls Medusa. Almost hal~ of this site is traversed by the flows of Santa Oertrudi~ Creek. Th~s area has not been mapped by FEHA and, therefore, the ezact flood plain and floodway limits of the creek ate unknown. Thi: project ~as not presented a realistic solution to the flood hazard from Santa Gertrudis Creek and should not be cleared. If Santa Oertrudis Wash is to be channelized, a financing mechanism should be formulated for an acceptably designed facility. Stream flows would have to be collected and conveyed to the channel being proposed by AD161. Its design should be coordinated with Riverside County Transportation Department, State Department of Fish and Game, U. S. Fish and Wildlife Service and this DiStrict. We will not recommend eonditioned approval of this tract until a viable flood control construction program ~s in existence. Questions concerning this matter may be referred to the Subdivision Section ~£ this office at 71~/a75-1210. c: CM Engineering HN H. KASHUBA r Civil En6ineer ZS:seb RECEIVED OCT 12-19S3 MEMORANDUM RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO: FROM: RE: File DATE: We have reviewed this case and ask that the following items be addressed on an amended map. Topography should be show~ or corrected. Show proposed grading and drainage- Show how the project would be protected from storm flows. Move structures/pads out of low area. Proposed diversions should be corrected. Show existing and proposed channels, culverts, drain pipes and other such facilities- MEMORANDUM RIVERSIDE COUNTY FLOOD CONTROL -I_~.D WATER CONSERVATIG;; D~,~'~' We have reviewed this case and ask that the following items be addressed on an amended map. Topography should be show~ or corrected. Show proposed grading and drainage. Show how the project would be protected from storm flows. Move structures/pads out of low area. Proposed diversions should be corrected. Show existing and proposed channels, culverts, drain pipes and other such facilities. Show existing watercourses. c: Applicant Co. Planning Dept. LOCATION ~~--~-~- I i I r, i', I, ¥ ZONING L t,~ ~ER 3 tt ~,TER PR~ SP 213 / / / / ,/ AC. ,M~ CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan (K-Rat) Parks and Recreation ( Quimby ) Public Facility ( Traffic Mitigation ) Public Facility ( Traffic Signal Mitigation) Public Facility ( Library ) Fire Protection Flood Control (ADP) Condition of Approval Condition No. 19 Condition No. 20 Condition No. 64 Condition No. ~3 Condition No. 18. a. Condition No. Condition No. 58 STAFF R PT\VTM25082 N ,/' I \ 25082 LOCATION FIIrSTA I / ~ h 'LANNING COMMISSION MINUTES NOVEMBER 5, 1990 COMMISSIONER HOAGLANDquestioned the surface for the parking area in Condition No. 10. GARY dvised the Commission to disregard the interior lnning with "Decomposed granite". ts iLL ~tences P.M. lONER CHINIAEFF opened the ~ at 7:20 CRAIG W~ ]R, 43225 Busines~ ark Drive, Temecula, applicant, the Commis= that this would be a distribution buil, for .cal products. COMMISSIONER HOAGLAND ~tioned the requirements for Condition No. 31. stated that this was a standard conditi . COMMISSIONE OAGLAND moved to the public hearing at 7:25 P . and adopt Negative ~ ti~n for Plot Plan No. 20 nd recommend that the City u il adopt esond ~ ~ S AYES: 3 COMMISSIONERS: Fahey, Hoagland, niaeff NOES: 0 COMMISSIONERS: None : ' : ' , IONERS B1 lr Ford 10. CHANGE OF ZONE 5613/VTTM 25082 10.1 Proposal to change zone from R-R 1/2 to R-1 and create 109 signle family lots at the northeast corner of Calle Medusa and Nicholas Road. STEVE JIANNINO provided the staff report on this item. GARY THORNHILL advised the Commission that this was a difficult case for staff to work on. He stated that the applicant was relying on information from the county when they began processing this application. He advised the Commission that approving this project as submitted would set precedent for this entire area. COMMISSIONER HOAGLAND asked staff if other densities had been proposed to the applicant. PCMIN11/5/90 -6- NOVEMBER 16, 1990 PL~NNIN~ COlOnieSION MINUTES NOVEHBER 5# 1990 GARY THORNHILL stated that the applicant felt that this was the project design their client needed to make it work. DOUG STEWART advised the Commission that the flooding issues addressed in the flood control letter are serious issues which the applicant still needs to address before the Engineering Department could approve the Tract. COMMISSIONER CHINIAEFF opened the public hearing at 7:35 P.M. GARY KOONTZ, CM Engineering, 41593 Winchester Road, Temecula, applicant, stated that they have worked with staff at County and City levels to plan this project. He said that the project had gone through the County planning process and all pertinent studies had been performed and approved by all agencies except for flood control. Prior to the public hearing the project was then transferred to the City. Mr. Koontz said that they have understood all along that staff wanted half-acre lots; however, this is unacceptable to their client. Mr. Koontz said that the Flood-Control District has requested that the applicant form an Assessment District prior. to approval of this pro'ject; however, they have had difficulty getting other property owners to participate. He did state that their applicant Was willing to participate'in an Assessment District. COMMISSIONER HOAGLAND questioned the applicant if they had received a 404/1601 permit. GARY KOONT2 stated that they had not attempted to get those permits yet; however, they were aware that this was an issue. COMMISSIONER HOAGLAND asked if the applicant had discussed alternative densities that might include some mixture of lot sizes. GARY KOONTZ stated that this would not be economically feasible to go to much smaller or larger lots. PCMIN11/5/90 -7- NOVEMBER 16, 1990 PLKI~IN3 COIOIISSION MINUTES NOVE!~ER 5, 1990 COMMISSIONER FAHEY asked the applicant if they would be willing to go back to staff and address some of the density and flood control issues as opposed to a denial. GARY KOONTZ advised the Commission that they would be willing to go back and address the flood issues with staff. ROBERT PACK, President, Pavilion Homes, 30181 Verdugo, Laguna Hills, addressed the Commission and stated that the developers position has been well presented by Gary Koontz. He stated that at the time of preparing this project their only guide was the SWAP plan which had been developed for the City. Based on the input from their staff and engineers they processed the Vested Tentative Map in accordance with SWAP. ROBERT PACK questioned the Deputy City Attorney John Cavanaugh on the ability of staff and the Commission to inadvertently change their requirements of what should be developed as opposed to what SWAP proposes. COMMISSIONER CHINIAEFF advised Mr. Pack that the City has a time period in which they can adopt a General Plan and they had the ability to adopt or interpret the SWAP plan. He stated thatthe.City Council had stated that they would use the SWAP as a guideline. Mr. Chiniaeff added that he was concerned'with the buffering of smaller to larger lots. COMMISSIONER FAHEY added that the Commission's decision on this project would serve as a guideline for other developments in this area. COMMISSION CHINIAEFF stated that with the Engineering Department statements as well as the Flood Control Districts comments, the Commission would not be in a position to approve this project as submitted. He added that he also felt that the Commission should indicate what their preferences for densities would be. PCMINll/5/90 -8- NOVEMBER 16, 1990 PLANNING COMXISSION MINUTES NOVEMBER 5, 1990 Commissioner Chiniaeff suggested that the applicant consider a split in the property, having the higher elevation area be the R-1 and the lower lots be R-R 1/2. COMMISSIONER HOAGLAND expressed his desire to see the large ridge incorporated in the project rather than being graded down and felt that it made a natural transition from lower to higher density housing. Commissioner Hoagland asked if the applicant would be willing to go back to staff and address these issues. GARY KOONTZ requested the Commission's action and stated that if the Commission voted on a denial they would take the project to the City Council on an appeal. COMMISSIONER CHINIAEFF stated that the staff and the Commissioners have been very clear in what they are trying to accomplish. He also added the the design guidelines that have been submitted would apply to anything and not directly to this project. He indicated they still need some work. COMMISSIONER FAREY moved to close the public hearing at ~:15 PM and deny Change of Zone 5613 and deny Vesting Tentative Tract No. 25082 based on the analysis and findings in the staff report and the Commission's request for; adequate buffering between higher and lower density developments, possibly using the bluff as demarkati6n as well; flood plain problems have not been adequately addressed and, the design guidelines submitted to not appear to apply to this project. JOHN CAVARAUGH advised the Commission that this was not a final decision, that the item would go to the City Council for final determination. COMMISSIONER CHINIAEFF asked the City Attorney if the Commission had the ability to request a zone change. JOHN CAVANAUGH advised that the Commission had the ability to make a suggestion to the council for a more suitable zone change. PCMINll/5/90 -9- NOVEMBER 16, 1990 PLANNIN6 COMMISSION MINUTES NOVEMBER 5, 1990 COMMISSIONER CHINIAEFF stated that they could make a recommendation for a zone change as a suggestion for the upper section of the ridge being R-1 and the lower section being R-R 1/2 giving the applicant something to work with rather than just a denial. JOHN CAVANAUGH stated that the Commission could make these suggestions to the City Council which may help them make their determination. COMMISSIONER FAHEY amended her motion be recommending a zone change of the upper half of the ridge being R-1 and the lower half being R-R 1/2, withdrawing the zone change denial, seconded by COMMISSIONER BOAGLAND. After discussion with the City Planning Director, JOHN CAVANAUGH suggested that the Commission take action by either denying or approving the application as submitted and make their recommendations to the City Council. COMMISSIONER FAHEY withdrew her amendment to the motion; with the concurrence of second, COMMISSIONER HOAGLAND; however, recommended that the City Council address the options proposed by the Commission. The original motion for denial of the Zone Change and the Tentative Parcel Map No. 25802 was approved. AYES: 3 COMMISSIONERS: Fahey, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None ABSENT:2 COMMISSIONERS: Blair, Ford 11. PLANNING DIRECTOR REPORT 11. GARY THORNHILL advised the Commission on the f011 ' g 'tems: 1) A ntative November 16 course on eparing and revis' the General Plan. 2) Will be ha ing out var' s articles that he comes across he fe s ma helpful to the Commission. 3) Address as to what should be used as a g ' a combination of zoning · He also stated PCMINll/5/90 -10- NOVEMBER 16, 1990 ITEM NO. 11 FINANCE OFFI~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECUI. A AGENDA REPORT City Council David F. Dixon, City Manager November 27, 1990 Sphere of Influence RECOMMENDATION: The City Council, after deliberation, adopt Resolution No. 90 - regarding the City Sphere of Influence, and instruct the City Manager to file the appropriate application with the Local Agency Formation Commission (LAFCO) to establish a Sphere of Influence for the City of Temecula. BACKGROUND: For several months the consultant team of William Mecham and Phil Anthony have been developing a Sphere of Influence Study. Attached is a copy of the material which they have prepared, which addresses four factors pursuant to Government Section 56425. Those factors are as follows: Factor 1: The Present and Planned Land Uses in the Area. Factor 2: The Present and Probable Need for Public Facilities and Services in the Area. Factor 3: The Present Capacity of Public Facilities and Adequacy of Public Services Which the Agency Provides or is Authorized to Provide. Factor 4: The Existence of Any Social or Economical Communities of Interest in the Area Relevant to the Agency. SUBJECT: Sphere of Influence The establishment of a Sphere of Influence is a process whereby the City looks at the future growth potentials and the establishment of its existing boundaries through annexation. The City of Temecula upon incorporation was comprised of about 26 square miles of urbanized area, but did not have a defined Sphere of Influence. After the City Council defines the Sphere of Influence which they feel is appropriate, we must take into consideration the four factors mentioned above. Once the City Council has defined the appropriateness of the Sphere of Influence boundaries, a request will then be filed with the Local Agency Formation Commission (LAFCO) for an official description of that sphere. The Local Agency Formation Commission (LAFCO) is required by the State of California to hold its hearings in a timely manner and to consider the factors contained in our report. The Local Agency Formation Commission (LAFCO) is not required to specifically approve the boundaries as suggested by the City, but may modify them based upon public comment, discussion, and other factors pertinent to this issue. A Sphere of Influence is a guide for the City to follow and for others to acknowledge as a community grows and reaches out to provide public services to potential areas of annexation. We have received indications from several property owners that they desire to be included in our Sphere of Influence and are anxious to proceed with annexation to the City of Temecula. As we file our application with the Local Agency Formation Commission (LAFCO), we will also be negotiating for the incorporation of certain areas within our Sphere for annexation to the City. The consultants as noted above will be present at the City Council meeting of November 27, 1990 to discuss their findings and present their recommendation to the City Council. It is my recommendation that the City Council, after deliberation, instruct the City Manager and the consultants for the City to submit to the Local Agency Formation Commission (LAFCO) an application for the establishment of the City of Temecula Sphere of Influence. Attachment: Resolution No. 90- Re: Sphere of Influence City of Temecula Sphere of Influence Proposal City of Temecula Sphere of Influence Proposal Discussion of Four Factors in Government Code Section 56425 Factor 1: Present and Planned Land Uses in the Area Properties within the proposed sphere of influence for the City of Temecula support a diverse land use base in terms of existing, approved and proposed uses, and together with the City of Temecula possess a strong potential for a desirable jobs/housing balance. For the purpose of this discussion, the following analysis has been divided into four sections corresponding to properties located north, south, east and west within the proposed sphere of influence. The discussion of each section has been divided into three subsections corresponding to existing, approved and proposed land uses. The factors discussed under each area indicate the area's relationship to Temecula, thereby supporting the symbiotic relationship with the presently incorporated City and the logic for inclusion in Temecula's ultimate boundaries. A. Northern Sphere Area: The most diverse and rapidly changing portion of the sphere of influence is the property situated in the northern segment of the sphere area. It is changing from its traditional use as a rural area to more urban types of land uses. Urbanization is focused on the City of Temecula along the Highway 79/Winchester Road corridor. This northern segment contains the Lake Skinner Recreation Area which provides water and recreational land uses to the entire region. Also included in this northern segment is the French Valley Airport which serves the area as a general aviation facility. Several specific plans have been approved in this area. The Winchester Properties Specific Plan No. 213 is the furthest along. It's progress includes the recordation of several maps, on-site grading and the construction of some model home complexes. Other specific plans include: Rancho Bella Vista, Dutch Village, Warm Springs, Alta Murrieta and Winchester Mesa, all of which are in various stages of development. Many of the specific plans in this area are planning some commercial development; however, the majority of the region's commercial and industrial property is located in the City of Temecula. 1 Plans have been proposed to expand the French Valley Airport to include limited commercial flights in the form of commuter shuttles. This proposed expansion would allow for some industrial and commercial uses within the airport's general locale. Existing and particularly future operations of the airport are critical to Temecula's emerging business community and industrial base and vise versa The City is very supportive of opportunities to expand airport operations and to protect the airport's long-term viability. A major specific plan has been proposed for a 900-acre area surrounding the airport. This plan, termed the Borel Airpark Center, will have the potential to generate over 25,000 jobs contained in industrial and business uses compatible with airport operations. Emergence of these jobs will need to be coordinated with the availability of shopping, services and homes in the local area. Eastern Sphere Area The property in this segment extends east to Vail Lake and is bisected by Rancho California Road. This portion of the sphere area enjoys a relatively stable and fixed land use base. The two uses that dominate are rural- residential and zones preserved for agriculture. No transition from rural to urban uses are foreseen in this environment. Residential properties are represented by large custom single-family homes on large two to five acre parcels. CC&R's have imposed some architectural and minimum lot size restrictions on these "mini ranch style" homes. Agricultural uses include citrus crops and many vineyards. The vineyards, in particular, are unique to the Temecula Valley and are a vital part of Temecula's cultural makeup and community identity. Inclusion of the citrus/vineyard area in the sphere and ultimate potential boundaries of Temecula would allow strong local control to protect the long-termviability of these resources and to preclude intrusion by incompatible uses. Vail Lake is in the easternmost portion of the sphere area and is of significant value for recreational use as well as for storage of water for local needs. Approved projects include numerous parcel maps that involve the division of large parcels, greater than ten acres. Although these projects are small, the aggregate effect of them is great and careful steps need to be taken during the planning process to avoid any 2 undesirable projects that might affect the local area adversely. The stronger degree of control typically exercised by municipal administration would be effective in protecting these values. A specific plan for Vail Lake has been proposed; however, at this time plans are only conceptual and no official planning has occurred. Southern Sphere Area The southern sections extends south from the City of Temecula to the Riverside/San Diego County border. Land uses are predominantly rural, made up of agricultural and rural-residential uses. The agricultural land uses in this section are dominated by small enclaves of commercially grown citrus. Residential properties are similar to those in the eastern sphere area; large custom homes on large two to five acre parcels. This southern section also includes large amounts of permanent open space and the Pechanga Indian Reservation. The area is experiencing some land use transition from rural to urban uses, particularly along the Highway 79 corridor which provides access to the three specific plans in this section. The Redhawk Specific Plan No. 217 has progressed the furthest with the recordation of tentative maps, some on-site grading and the construction of some model home complexes. The Vail Ranch Specific Plan No. 225 has also progressed relatively far, the recordation of some maps and limited grading characterize its progress. The third specific plan in the area is the Murdy Ranch Specific Plan No. 228. This plan has been approved and maps are currently in the processing stage. No new development other than the three specific plans have been proposed for the area. Due to the fact that these areas are located between the incorporated City and the County line, inclusion in Temecula's sphere is most logical. D. Western Sphere Area The western sphere area also presently has a relatively stable and fixed land use base. This section is bounded by the Cleveland National Forest in the west and by San Diego County in the southwest. Access to this sphere is gained via Rancho California and Clinton Keith Roads. The region is composed of mountainous property with some distinct plateau features such as the rolling savannah of the Santa Rosa Plateau. Residential development 3 includes large custom homes in distinct enclaves such as the La Cresta community. Agricultural uses include preserves used for the production of avocados and citrus crops. The Santa Rosa Plateau Nature Conservancy is also included in this western sphere area. This conservancy was established te protect the indigenous cultural resources unique to the local area. The only approved large-scale development in the sphere area is the Walker Basin Specific Plan No. 172. Situated just south of Rancho California Road, this specific plan will feature a golf course and create urban densities within the specific plan. Proposed development includes the Santa Rosa Springs Specific Plan, the Silvan Meadows Specific Plan and the Hidden Meadows Specific Plan, all of which are in the planning stages. Inclusion of this area in the sphere is appropriate because it is served exclusively by the Rancho California Water District which largely services the incorporated city and because it represents a logical extension of the primary access provided by Rancho California Road. Factor 2: The Present and Probable Need for Public Facilities and Services in the Area The ensuing discussion has been divided into several subsections corresponding to the facilities and services needed within the proposed sphere of influence area. A. Circulation As indicated above in the discussion of land uses, several areas within the proposed sphere of influence are in a state of transition from rural to urban land uses. Many roads within these areas are currently operating at or beyond full capacity and many intersections need signalization. The sphere area's present network of roads will be clearly inadequate to accommodate the anticipated traffic flows generated from the expected future development. Some, but far from all, of the roads do currently have General Plan designations that are commensurate with the levels of traffic anticipated in these transition areas. Additionally, the City would have the ability to develop a well-planned circulation network, a condition that is sorely lacking under current County administration. As known projects within the rural-to-urban transition areas build out, the overall circulation system will require the expansion and extension of roadways consistent with the General Plan improvement designations. The cost of these improvements will be either assumed by developers or paid for through some type of financing mechanism such as an assessment district or community facilities district. If these areas were within the City of Temecula's sphere of influence, the City could assist with the planning, financing, implementation and maintenance of these roads plus others not yet planned that inevitably will be needed. Given Temecula's local focus and relationship to the proposed sphere area, it would be the most appropriate agency to oversee development of the area-wide circulation system. Temecula is essentially the centroid and a primary destination of local roads, both existing and planned. Local control would be superior to County or other external agency control. Water and Sewer Within the proposed sphere of influence, water services are provided by the Rancho California Water District (RCWD) and Eastern Municipal Water District (EMWD). Principal sources of water for both districts include local wells and the Metropolitan Water District which receives its water from the Colorado River and Northern California via the State Water Project. Some areas within the proposed sphere are committed to rural land uses and receive their water supply from on-site private wells. Sewer services within the proposed sphere are provided by EMWD who maintains a sewage treatment plant located on Diaz Road in Temecula. Properties within the more rural outlying areas receive sewer service from individual septic tanks and leach field systems. Contemporary water and sewer needs are being met with the facilities that are currently on line; however, these facilities will need to be expanded in order to handle the anticipated future demand for water and sewer services. The majority of projects approved and under construction within the urbanizing areas are being designed and developed through the specific plan/environmental impact report process. As a result, the demands for water and sewer improvements these projects will require and generate have been evaluated both from project exclusive and cumulative perspectives. The various sewer and water servicing agencies, therefore, have had the opportunity to anticipate user demand and upgrade and expand their respective systems accordingly. As with circulation improvements, water and sewer expansion financing will be approached primarily through assessment districts. Because of the interdependence between Temecula and the proposed sphere area, it would be logical for Temecula to assist with the coordination and planning of these services. Fire Protection Fire protection services presently are provided to the proposed sphere of influence area by the County of Riverside Fire Department and the California Department of Forestry. These services include fire prevention, fire suppression and on-scene emergency medical care. The need for such services is directly related to the population of the area and the numbers and types of commercial and industrial buildings within it. Since the area has been and will apparently continue to experience growth in both population, industry and commerce, the need for fire protection can be expected to increase accordingly. Presumably, the State of Calilfornia and the County of Riverside will provide more fire protection facilities, equipment and personnel throughout the area as growth requires. However, the proposed sphere area is incurring so much growth, and in some parts highly urbanized growth, that County-average levels of fire protection will not necessarily be adequate in the future. The City of Temecula also continues to contract with the County Fire Department for fire protection services. The City is considering assumption of these services so it can assure the appropriate levels of service for the more urban community that it is fast becoming. The same municipal level of fire protection may soon be needed for at least parts of the proposed sphere area, particularly the French Valley Airport, due to increased aviation and commercial activities. Police Protection All police protection services presently are provided to the proposed sphere of influence area by the County of Riverside Sheriff's Department. The nearest Sheriff's substation to the sphere area is located in the City of Lake Elsinore. The level of police protection that the Sheriff Department currently sets for the sphere area is 6 one sworn officer per 4,000 population. The budget for the facilities, equipment and personnel to support this level of service is set by the Riverside County Board of Supervisors. It is, of course, subject to County-wide fiscal considerations. The need for police protection is generally related to population density and commercial activities. Due to increased activity, daytime population and resulting crime and traffic, this need is typically disproportionately higher in more urbanized areas. Because of the considerable growth already experienced and much more expected within the proposed sphere area, the need for police protection is already relatively high and expected to increase significantly in the future. The need will be especially great in the parts of the sphere area that are becoming more urbanized. The City of Temecula also still contracts with the Sheriff's Department for police protection services. However, the City has already requested the Sheriff to begin increasing the level of police services provided within the City toward a goal of one sworn officer per 1,000 population. This is much more typical of the level of police protection both desired and needed in urbanized municipalities. It is expected that similar levels of police protection already are or soon will be needed in the urbanizing parts of the proposed sphere area. The City of Temecula is considering assuming its own police services to be able to assure that the level of service is always adequate as the community continues to urbanize. Continually increasing needs for police protection for the sphere area will inevitably far exceed the County-wide average level provided by the Sheriff's Department. In the future there will almost certainly be great public pressure for more police protection in the sphere area. This could be accomplished by increasing the level of Sheriff's services for that area, which may be difficult for the County from its broader perspective. Or, additional services could be provided by a municipal police department headquartered locally and supported by the local taxpayers. Along with traffic circulation, police protection is clearly the most critical public service need for the proposed sphere area both now and in the future. The need will become even greater in the future if projected growth patterns continue. Parks and Recreation The southwestern area of Riverside County enjoys over 12,000 acres of recreational facilities; however, the 7 majority of this acreage is provided by three large recreational areas and small local parks are quite limited which is a serious problem that is already affecting the community negatively. These regional multi-use recreation facilities include the privately owned California Nature Conservancy in the Santa Rosa Mountains, Vail Lake and the Lake Skinner recreational areas which are maintained by the Riverside County Parks and Recreation District. Additionally, there are some smaller neighborhood parks which are maintained primarily by community facilities districts and County service areas. The current General Plan policies require the inclusion of parks and recreational facilities throughout the area by all new developments. Either fees or allocated land is secured from the developers; however, park development can be delayed due to State law limitation and master planning schedules. The City of Temecula recognizes that there is a shortage of local park space within the City and is, therefore, creating a Parks and Recreation Department. This department's primary focus will be on creating and maintaining more park facilities for local residents and could easily be expanded to accommodate the property in the sphere area. Solid Waste Properties within the sphere area currently contract with at least four private companies for rubbish pickup and disposal. The Riverside County Solid Waste Management Department is responsible for the disposal sites which receive solid waste from Temecula and the sphere area. Currently there are two solid waste disposal sites in the vicinity of the subject site. The Double Butte Landfill is located north of the project area in the Community of Winchester. This landfill was expected to reach capacity by the year 2,000; however, Riverside County estimates that it may reach capacity before that time. An additional landfill was opened in 1987 called the E1 Sobrante Landfill. This landfill is located northwest of the project site and is estimated to reach capacity by the year 2007. Because of the continued growth of the area, additional landfills will be needed in order to handle increased solid waste the area generates. The City of Temecula, however, has some mandatory recycling programs in the planning process that may mitigate the need for developing new landfills before the next decade. Through its franchising authority, the City will be more effective in coordinating collection and disposal activities in an environmentally responsible manner. 8 G. Libraries At the present time, a temporary County branch for the Temecula area is located in the Rancho California Plaza at Rancho California and Ynez Roads. The existing library contains 13,000 volumes in a 2,000 square foot facility. The General Plan policies emphasize the importance of providing libraries and local cultural resources and recognized the need to provide adequate facilities. The Temecula area has a particular shortage at this time; however, a new regional library for Temecula is planned at the northeast corner of Winchester and Ynez Roads. The City will assist the County in its effort to provide library services to the southwest Riverside County area and the Temecula sphere of influence. Airports The project site is located in southwestern Riverside County and is not within close proximity to any major airport that provides services for commercial aviation. However, in the northern section of the sphere of influence is the French Valley Airport that currently provides general aviation and some commuter services. French Valley Airport may expand its commuter traffic in the form of air shuttles in the future. The French Valley Airport is owned by the County of Riverside and operated by the Riverside County Community and Economic Development Agency. Current and, particularly, future operations of the airport are critical to Temecula's emerging business community and industrial base and vise versa. The City is very supportive of opportunities to expand airport operations and to protect the airport's long-term viability. Factor 3: The Present Capacity of Public Facilities and Adequacy of Public Services which the Agency Provides or is Authorized to Provide A. Circulation The City of Temecula has undergone considerable growth within the last five years, changing from traditionally rural land uses to more urban types of uses. This growth placed a tremendous strain on the City's and region's infrastructure, including its roadways. Fortunately, as projects built out, roadways were expanded and now generally handle traffic at a comfortable level of service. The City has also been successful in keeping its road network clean and in well maintained condition. Temecula also has been taking steps to mitigate serious traffic problems at the intersections around 1-15 and Winchester and Rancho California Roads. These locations became extremely congested during peak traffic hours. In response, Temecula installed traffic control officers who keep the traffic flowing. Currently, momentum is being developed by the City to solve traffic problems that can be extended beyond its present boundaries and improve circulation within the proposed sphere. In addition, the circulation element of the City's General Plan will enable a functional, well-planned roadway network for the proposed sphere - current County plans are inadequate, particularly for the French Valley area. Water and Sewer Within the City of Temecula, water services are provided by the Rancho California Water District (RCWD). Sources of water for RCWD include local wells and the Metropolitan Water District. Local water storage is provided by two reservoirs in the local area, Lake Skinner and Vail Lake. The Eastern Municipal Water District (EMWD) provides more than adequate sewer service within the City via a sewage treatment plant located in Temecula on Diaz Road. Both the RCWD and EMWD's boundary lines closely coincide with the sphere map boundaries; thereby supporting Temecula as a logical administrative center. Fire Protection Properties within the proposed sphere of influence receive fire protection services from fire stations operated by the California Department of Forestry and the Riverside County Fire Department. These services include fire prevention, fire suppression and on-scene emergency medical care. Currently these stations are providing adequate service; however, the area in question has been and apparently will continue to experience growth, thus overwhelming the present facilities and requiring additional fire protection facilities. Naturally, Riverside County and the State Department of Forestry will equip supplementary fire protection facilities, equipment and personnel throughout the area as required. However, given the amount of growth that the area is experiencing and is planning for, the County and State average levels of fire protection will not be sufficient to protect an urbanized community. 10 The property within the City of Temecula is also served by these two fire protection agencies. Temecula City officials have foreseen that as the City grows and becomes more urbanized, additional fire protection facilities, equipment and personnel will be required. Because of this, the City of Temecula has considered and executed some rudimentary plans to assume these services, therefore providing the best possible fire protection to the community. If the proposed area was included within Temecula's sphere of influence, properties within it would benefit from this high level of fire protection as well. Police Protection The territory contained within the proposed sphere of influence receives its police protection from the Riverside County Sheriff's Department. Deputies are stationed and dispatched from the Sheriff's Department sub-station in the City of Lake Elsinore. Response times of one-half hour or more are commonplace; clearly inadequate for an urbanizing area. The level of police protection presently being provided is one sworn officer per 4,000 population, a relatively low level of police protection considering that some areas have moderately high urban densities. This level of police protection and the financial resources that support it, are controlled by the Riverside County Board of Supervisors and are subject to fluctuations in County expenditures. As this area continues to grow, adding residential, commercial and industrial properties, increased police protection, including facilities, personnel and equipment will be needed in order to provide the community with adequate police protection. The City of Temecula is presently contracting with the Riverside County Sheriff's Department for police protection as well. However, City officials have recognized the need for additional police protection and have requested that the County provide increased police protection to one officer per 1,000 population, a level that is commensurate with urbanized communities. The City also plans to establish more reasonable response times for police protection. Recognizing that the County may not be able to provide this level of service, City officials have considered adopting police services in order to always provide a more than adequate level of service to the community. It is obvious that the property in the sphere area will continue to grow and urbanize. Naturally, the added commercial and residential populations will require 11 additional police protection that will exceed the County- wide average level provided by the Riverside County Sheriff's Department. Public concern will, undoubtedly, put pressure on County representatives to provide supplemental deputies and equipment to the area, which may be quite difficult, economically, for the County to provide. An alternative option to mitigate this problem could be accomplished by a municipal police department located in Temecula and supported by local tax payers. Parks and Recreation The residents of Temecula and the proposed sphere area presently have access to several thousand acres of parkland in the form of regional facilities maintained by the Riverside County Parks and Recreation Department. There are also smaller neighborhood parks available, however, their numbers are quite limited. Given the urbanization that has and will be occurring, the current park facilities are clearly inadequate to provide recreational space, particularly for the residents living within the sphere of influence. The current General Plan policies require the inclusion of parks and recreational facilities throughout the area by all new developments. Unfortunately, due to legal issues and planning schedules, the actual park sites can be, and usually are, delayed several years. The City of Temecula has began to develop a Parks and Recreation Department in order to mitigate the problem the local area is having with the lack of park space. This department will concentrate its efforts on obtaining and maintaining additional park sites in the form of neighborhood parks. Locally controlled maintenance and administration, combined with the ability to expedite the development of new park space, would be among the benefits that the residents in the proposed sphere area would receive if they were included in Temecula's sphere of influence. Solid Waste Residents and businesses in the sphere area receive rubbish pickup and disposal service through contracts with private disposal companies. Rubbish is hauled to two landfills in the area for disposal. These two facilities, the Double Butte and the E1 Sobrante Landfills, are operated by the Riverside County Solid Waste Management Department. County officials estimate that the Double Butte facility will reach capacity before the year 2000, and E1 Sobrante by 2007. For both facilities, capacity will be reached prior to the 12 originally estimated date. Rapid growth, urbanization and lack of County enforced recycling programs are among the reasons for the premature capacity dates. With continued growth occurring in the sphere area, an additional landfill will be needed before the end of the decade. The City of Temecula also contracts with private carriers for rubbish pickup and disposal. City officials have recognized the serious problem of solid waste disposal that faces the region and have some mandatory recycling programs in the planning process. If the properties in the proposed sphere of influence were included in Temecula's scheme for recycling, the aggregate effect for the entire region may be to extend the useable life of the existing facilities and relieve the need for developing new landfills before the next decade. Factor 4: The Existence of anV Social or Economic Communities of Interest in the Area Relevant to the AqencV There are several very significant communities of social and economic interest that link the proposed sphere of influence are to the City of Temecula. These communities of interest are not only active today, but several have a long history involving Temecula and the surrounding areas. Temecula itself has a long history as a town and, in that sense, as the focal point of what is now the City of Temecula and of the proposed sphere area overall. The first post office in the area was established in Temecula in 1859, and about the same time Temecula became a station on the Butterfield Stage Line. In the 1890's the 86,500 acre Vail Ranch was assembled around Temecula. This huge landholding, the largest cattle ranch in Southern California, prospered for many years with the town of Temecula serving the needs of the ranch and its residents. The modern situation in Temecula and the sphere area began in the late 1960's when a consortium of developers purchased the Vail Ranch and a portion of the Santa Rosa Ranch for a total landholding of 96,500 acres, or about 150 square miles. This entire area which encompassed Temecula and most of the proposed sphere area was then master planned for development and named Rancho California. However, the town of Temecula remained the municipal and commercial focal point of the area and the Temecula Town Association was incorporated in 1970. For the next two decades growth within the Rancho California planned community accelerated on both sides of the Highway 395/Interstate 15 corridor; slowly at first, then much more rapidly. In 13 November, 1989, local voters approved incorporation of the new City of Temecula covering about 26 square miles of the most highly urbanized area in the very center of the Rancho California planned community. The City includes the old town of Temecula and the developed area around it on the west side of 1-15, an even larger, mostly developed area, on the east side of 1-15. In many, probably most, ways the communities of Temecula and Rancho California are one. Rancho California was planned around the town of Temecula and the two grew up together; the two are socially and economically one unit. That is why the entire area of the Rancho California Water District (essentially the boundaries of the planned community of Rancho California) is recommended to be included in the sphere of influence of the City of Temecula. Within the Rancho California area lies another place with special bonds to Temecula. This is the famous wine country just east of the present City boundary, along both sides of Rancho California Road. The people of Temecula have long- standing social and cultural ties to these nearby vineyards and wineries. The most obvious evidence of this community of interest is the very popular annual Balloon and Wine Festival. On a daily basis, the winery tours, tasting/sales rooms and restaurants are growing attractions to local residents and tourists alike. Like many other parts of the proposed sphere area, the wine country is feeling the pressure of growth and urbanization around it. Particular threats to the wine country are traffic congestion and pressures for land use changes. The City of Temecula believes that the wine country is a valuable cultural and economic resource and should be protected and preserved. At the same time, the City of Temecula is anxious to assist in improving roads and circulation patterns in and around the wine country. For these reasons, the wine country should be a compatible part of the Temecula sphere of influence. Two special economic communities of interest involve two large assessment districts that both lie partly within and partly outside the present boundaries of the City of Temecula. These are the Winchester Properties Assessment District (AD 161) on the north side of the City and the Rancho Villages Assessment District (AD 159) on the southeast side. Both assessment districts were formed to finance roads and other infrastructure needed for development, part of which is underway but far from finished. The proposed boundaries would put both assessment districts entirely within the Temecula sphere of influence. This would allow Temecula to properly plan for the impacts of these key urbanizing areas and possibly to assist in coordinating optimum solutions to circulation problems and other common needs. 14 In general, the City of Temecula shares the social and economic communities of interest with the sphere area that are typical between a municipal town center and its surrounding residential and agricultural areas. Temecula is clearly the social and economic hub of the sphere area. It is the focal point of employment, shopping and entertainment, as well as financial and professional services, for people living in the sphere area and even beyond. Temecula is also the governmental and administrative center of the entire area. In addition to the City government itself and its services, Temecula is the site of the Walt Abraham County Administrative Center with offices of the County Supervisor, the County Assessor, the Agricultural Commissioner, the County Fire Department, the County Planning Department, the Registrar of Voters, the County Health and Mental Health Departments, the Social Services Department, the Sheriff's Department and the Municipal Court. The regional office of the California Highway Patrol is also located in the City of Temecula. 15 RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION TO ESTABLISH THE PROPOSED INITIAL SPHERE OF INFLUENCE FOR THE CITY OF TEMECULA AS PROVIDED IN CALIFORNIA GOVERNMENT CODE SECTION 425, ET SEQ WHEREAS, the City of Temecula was incorporated on December 1, 1989, and an initial Sphere of Influence has not yet been determined by the Riverside County Local Agency Commission for the City of Temecula; and WHEREAS, a Sphere of Influence is a long-range plan for the probable ultimate physical boundaries and service area of a local agency such as a city, as determined by the Commission; and WHEREAS, the purpose of Sphere of Influence is to enable the orderly development of a city relative to adjacent unincorporated areas, to provide for the present and future service needs of the county and it communities, and to avoid duplication of advance planning by nearby cities; and WHEREAS, the Cortese/Knox Government Reorganization Act of 1985, Chapter 4, establishes a procedure for the determination of Sphere of Influence; and WHEREAS, in accordance with California Government Code Section 56425, an application, maps and legal descriptions defining the proposed Sphere of Influence boundaries, written discussions of the four factors required by Section 56425, and this Resolution have been prepared for submission to the Riverside County Local Agency Formation Commission; and WHEREAS, on November 27, 1990 the City Council considered evidence relative to the proposed Sphere of Influence request. NOW, THEREFORE the City Council of the City of Temecula does hereby resolves as follows: SECTION 1. The City Council of the City of Temecula hereby formally requests that the Riverside County Local Agency Formation Commission determine and establish an initial Sphere of Influence for the City of Temecula as depicted in the Map entitled "Sphere of Influence Area" and attached hereto as Exhibit A, and as defined by the Legal Description entitled "Legal Description for the City of Temecula Sphere of Influence Area" and attached 3/Resos116 hereto as Exhibit B; and SECTION 2. The City Council of the City of Temecula does hereby formally request that the Riverside County Local Agency formation Commission determine and declare that this request and application for an initial Sphere of Influence is categorically exempt under the provisions of the California Environmental Quality Act. PASSED, APPROVED AND ADOPTED this 271h day of November, 1990. Ronald J. Parks, Mayor ATTEST: June S. Greek, Deputy City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA ) I, June S. Greek, Deputy City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 90- was duly adopted at a regular meeting of the City of Temecula on the 271h day of November, 1990, by the following roll call vote. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, Deputy City Clerk 3/Rcsosl 16 . } I I NEXHIBIT Bs LEGAL DESCRIPTION FOR THE CITY OF TEMECULA SPHERE OF INFLUENCE AREA PORTIONS OF THE RANCHO PAUBA IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS GR/4NTED BY THE GOVERNMENT OF THE UNITED STATES TO LUIS VIGNES, BY PATENT DATED JANUARY 19, 1860 AND RECORDED IN BOOK 1 PAGE 45 OF PATENTS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, TOGETHER WITH PORTIONS OF THE RANCHO SANTA ROSA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS GRANTED BY THE GOVERNMENT OF THE UNITED STATES TO JUAN MORENO, BY PATENT DATED OCTOBER 10, 1872, RECORDED JANUARY 8, 1873 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, TOGETHER WITH PORTIONS OF THE MURRIETA PORTION OF THE TEMECULA RANCHO AS SHOWN BY MAP OF THE TEMECULA LAND AND WATER COMPANY ON FILE IN BOOK 8 PAGE 359 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, TOGETHER WITH PORTIONS OF THE PAUBA LAND AND WATER COMPANY SUBDIVISION ON FILE IN BOOK 11 PAGE 507 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, TOGETHER WITH PORTIONS OF TOWNSHIP 8 SOUTH, RANGE 2 WEST; TOWNSHIP 8 SOUTH, RANGE 3 WEST; TOWNSHIP 7 SOUTH, RANGE 3 WEST; TOWNSHIP 6 SOUTH, RANGE 3 WEST; TOWNSHIP 6 SOUTH, RANGE 2 WEST; TOWNSHIP 6 SOUTH, RANGE 1 WEST; AND TOWNSHIP 7 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, ALL IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICU- LARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF RANCHO PAUBA AS SHOWN ON RECORD OF SURVEY THEREOF, AS FILED IN BOOK 49 PAGES 93 AND 94 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID RANCHO PAUBA, WESTERLY (SOUTH 85° 05' 22" WEST, 21822.02 FEET RECORD) AND NORTHWESTERLY (NORTH 49° 13' 26" WEST RECORD) TO ITS INTERSECTION WITH THE EASTERLY RANGE LINE OF TOWNSHIP 8 SOUTH, RANGE 2 WEST; THENCE LEAVING SAID SOUTHERLY LINE OF RANCHO PAUBA, SOUTHERLY ALONG SAID EASTERLY RANGE LINE AND ALONG THE WESTERLY LINE OF SECTIONS 19, 30 AND 31, TOWNSHIP 8 SOUTH, RANGE 1 WEST, TO THE SOUTHEAST CORNER OF SECTION 36, TOWNSHIP 8 SOUTH, RANGE 2 WEST, ALSO BEING THE NORTHERLY COUNTY LINE OF SAN DIEGO COUNTY, CALIFORNIA; THENCE LEAVING SAID WESTERLY RANGE LINE AND WESTERLY ALONG THE SOUTHERLY TOWNSHIP LINES OF TOWNSHIP 8 SOUTH, RANGE 2 WEST AND TOWNSHIP 8 SOUTH, RANGE 3 WEST, ALONG SAID COUNTY LINE TO THE WESTERLY RANGE LINE OF TOWNSHIP 8 SOUTH, RANGE 3 WEST, BEING THE SOUTHWEST CORNER OF SECTION 31, TOWNSHIP 8 SOUTH, RANGE 3 WEST; THENCE NORTHERLY ALONG SAID RANGE LINE AND SAID COUNTY LINE, ALONG THE WESTERLY LINE OF SECTIONS 31 AND 30 TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF RANCHO SANTA ROSA AS SHOWN ON RECORD OF SURVEY THEREOF, AS FILED IN BOOK 56 PAGES 39 THROUGH 41 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTHWESTERLY (NORTH 68° 21' 03" WEST RECORD) ALONG THE SOUTHERLY LINE OF SAID RANCHO SANTA ROSAAND SAID COUNTY LINE TO THE SOUTHWESTERLY CORNER OF SAID RANCHO SANTA ROSA AND ANGLE POINT IN SAID COUNTY LINE; THENCE NORTHEASTERLY (NORTH 21° 30' 40" EAST RECORD) ALONG THE SOUTHWEST- ERLY LINE OF RANCHO SANTA ROSA AND SAID COUNTY LINE AS SHOWN ON RECORD OF SURVEY THEREOF, AS FILED IN BOOK 52 PAGE 99 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY TO AN ANGLE POINT IN THE NORTHERLY BOUNDARY OF THE COUNTY LINE OF SAN DIEGO COUNTY; THENCE LEAVING SAID COUNTY LINE AND CONTINUING NORTHEASTERLY (NORTH 21° 30' 40" EAST RECORD) ALONG THE SOUTHWEST- ERLY LINE OF SAID RANCHO SANTA ROSA TO AN ANGLE POINT THEREIN; THENCE CONTINUING, NORTHEASTERLY (NORTH 19° 01' 07" EAST, 20150.21 FEET RECORD), NORTHEASTERLY (NORTH 45° 52' 03" EAST, 5841.53 FEET RECORD), NORTHEASTERLY (NORTH 38° 04' 44" EAST, 12167.28 FEET RECORD) TO THE SOUTHERLY LINE OF THE WILDOMARTRACT AS SHOWN ON THE AFOREMENTIONED RECORD OF SURVEY; THENCE LEAVING SAID SOUTHWESTERLY RANCHO SANTA ROSA LINE AND SOUTHEASTERLY (SOUTH 19° 11' 40" EAST, 3725.87' RECORD), EASTERLY (SOUTH 74° 54' 40" EAST, 2855.79 FEET, SOUTH 86° 01' 03" EAST, 3494.21 FEET, (SOUTH 85° 44' 38" EAST, 4401.15 FEET RECORD) ALONG THE SOUTHERLY LINE OF SAID WILDOMAR TRACT TO ANANGLE POINT IN THE NORTHERLY LINE OF LOT 7 AS SHOWN ON RECORD OF SURVEY THEREOF, AS FILED IN BOOK 54 PAGE 59 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 7 (SOUTH 85° 44' 38" EAST, 430.58 FEET RECORD) TO THE EASTERLY CORNER THEREOF; THENCE SOUTHWESTERLY (SOUTH 54° 48' 18" WEST, 4951.90 FEET RECORD) AND SOUTHERLY (SOUTH 13° 27' 09" WEST, 3546.72 FEET RECORD) ALONG THE SOUTHEASTERLY AND EASTERLY LINES OF THE AFOREMENTIONED RECORD OF SURVEY TO THE SOUTHEAST CORNER OF LOT 1 OF SAID RECORD OF SURVEY; THENCE LEAVING SAID EASTERLY LINE, EASTERLY (SOUTH 84° 25' 57" WEST, 597.89 FEET RECORD) ALONG THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF PARCEL 1 AS SHOWN ON RECORD OF SURVEY THEREOF, AS FILED IN BOOK 54 PAGE 20 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTHEASTERLY (NORTH 45° 04' 58" EAST, 1574.92 FEET RECORD), SOUTHEASTERLY (SOUTH 52° 45' 55" EAST, 3297.46 FEET, AND SOUTHERLY (SOUTH 07° 24' 24" EAST, 1590.46 FEET RECORD) TO AN ANGLE POINT IN THE NORTHEASTERLY LINE OF PARCEL 9 OF SAID RECORD OF SURVEY, ALSO BEING A SOUTHWEST- ERLY CORNER OF A PORTION OF PARCEL 4 AS SHOWN ON PARCEL MAP NO. 18348 THEREOF, AS FILED IN BOOK 106 PAGES 29 THROUGH 36 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHWESTERLY AND SOUTHERLY LINES OF SAID PARCEL MAP NO. 18348, EASTERLY (SOUTH 78° 01' 26" EAST, 303.65 FEET RECORD), NORTHERLY (NORTH 08° 23' 08" EAST, 2695.14 FEET RECORD), NORTHEAST- ERLY (NORTH 59° 10' 20" EAST, 1083.13 FEET RECORD), EASTERLY (SOUTH 87° 09' 48" EAST, 111.50 FEET RECORD), SOUTHERLY (SOUTH 04° 20' 18" EAST, 4957.80 FEET RECORD), EASTERLY (WEST 240.03 FEET RECORD), NORTHERLY (NORTH 11° 42' 00" EAST, 2391.98 FEET RECORD), EASTERLY (NORTH 82° 40' 33" EAST, 1749.48 FEET RECORD), SOUTHEASTERLY (SOUTH 38° 12' 45" EAST, 640.25 FEET RECORD), SOUTHERLY (SOUTH 04° 36' 49" EAST, 634.13 FEET RECORD), SOUTHWESTERLY (SOUTH 29° 43' 50" WEST, 988.18 FEET RECORD), SOUTHERLY (SOUTH 15° 48' 09" EAST, 1322.12 FEET RECORD), SOUTHEASTERLY (SOUTH 54° 12' 09" EAST, 1025.90 FEET RECORD), SOUTHERLY (SOUTH 1145.14 FEET, AND SOUTH 21° 10' 26" EAST, 1288.31 FEET RECORD), EASTERLY (SOUTH 85° 10' 50" EAST, 55.00 FEET RECORD) TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY, A RADIAL BEARING TO SAID POINT BEARS EASTERLY (SOUTH 85° 10' 50" EAST RECORD); THENCE SOUTHERLY ALONG SAID CURVE (RADIUS OF 800.00', LENGTH OF 567.78', CENTRAL ANGLE OF 40° 39' 51" RECORD) TO A POINT ON A NON-TANGENT LINE, A RADIAL BEARING TO SAID POINT BEARS SOUTHEASTERLY (SOUTH 44° 30' 59" EAST RECORD); THENCE ALONG SAID LINE SOUTHEASTERLY (SOUTH 22° 38' 21" EAST, 1128.07 FEET RECORD), NORTHEASTERLY (NORTH 46° 26' 30" EAST, 3131.51 FEET RECORD) TO AN ANGLE POINT IN THE NORTHEASTERLY LINE OF RANCHO SANTA ROSA AND THE WESTERNMOST CORNER OF PARCEL 1 AS SHOWN ON PARCELMAP 8391 THEREOF, AS FILED IN BOOK 30 PAGES 72 THROUGH 73 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTHEASTERLY (SOUTH 47° 51' 07" EAST, 629.00 FEET, RECORD) ALONG THE NORTHEAST- ERLY LINE OF RANCHO SANTA ROSA TO THE CENTERLINE INTERSECTION WITH KALMIA STREET AS SHOWN ON SAID PARCEL MAP; THENCE CONTINUING SOUTHEASTERLY (SOUTH 47° 51' 50" EAST, 1335.19 FEET RECORD) ALONG THE NORTHEASTERLY LINE OF RANCHO SANTA ROSA AS SHOWN ON RECORD OF SURVEY THEREOF, AS FILED IN BOOK 46 PAGE 16 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY TO THE MOST WESTERLY CORNER OF LOT 48 OF THE LANDS OF THE TEMECULA LAND AND WATER COMPANY, AS SHOWN BY MAP ON FILE IN BOOK 8 PAGE 359 OF MAPS THEREOF, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA; THENCE SOUTHWESTERLY AND SOUTHEASTERLY ALONG THE NORTHWESTERLY AND SOUTHWESTERLY LINES OF THE LAND DESCRIBED BY INSTRUMENT NO. 52138 RECORDED FEBRUARY 29, 1988 IN OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY TO A POINT ON THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN INSTRUMENT NO. 152758 RECORDED APRIL 26, 1990 IN OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTHWESTERLY, SOUTHEASTERLY AND NORTHEASTERLY, ALONG THE NORTHWESTERLY, SOUTH- WESTERLY AND SOUTHEASTERLY LINES OF THE AFOREMENTIONED INSTRUMENT TO THE NORTHEASTERLY LINE OF SAID RANCHO SANTA ROSA; THENCE SOUTHEASTERLY ALONG THE AFOREMENTIONED NORTHEASTERLY LINE TO A POINT ON THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN INSTRUMENT NO. 309049 RECORDED SEPTEMBER 8, 1989 IN OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTHWESTERLY AND SOUTHEASTERLY ALONG THE NORTHWESTERLY AND SOUTHWESTERLY LINES THEREOF, TO THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN INSTRUMENT NO. 309056 RECORDED SEPTEMBER 8, 1989 IN OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE THEREOF TO THE NORTH- WESTERLY CORNER OF THE LAND DESCRIBED IN INSTRUMENT NO. 297146 RECORDED OCTOBER 14, 1987 IN OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE THEREOF TO THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN INSTRUMENT NO. 309054 RECORDED SEPTEMBER 8, 1989, IN OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTHEASTERLYAND NORTHEASTERLY ALONG THE SOUTHWEST- ERLY AND SOUTHEASTERLY LINES THEREOF, TO THE NORTHEASTERLY LINE OF RANCHO SANTA ROSA AS SHOWN ON RECORD OF SURVEY THEREOF, AS FILED IN RECORDS OF SURVEY BOOK 58 PAGES 75 THROUGH 83, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTHEASTERLY (SOUTH 47° 19' 01" EAST RECORD) ALONG SAID NORTHEASTERLY LINE, TO THE NORTHERNMOST CORNER OF PARCEL 7 OF PARCEL MAP 5898 THEREOF, AS FILED IN BOOK 13 PAGE 85 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTHWESTERLY (SOUTH 42° 23' 50" WEST, 243.26 FEET RECORD), SOUTHEASTERLY (SOUTH 46° 08' 54" EAST, 1101.27 FEET RECORD), NORTHEASTERLY (NORTH 65° 18' 16" EAST, 284.44 FEET RECORD) AND SOUTHEASTERLY (SOUTH 47° 36' 10" EAST, 286.84 FEET RECORD) ALONG THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL MAP TO THE SOUTHERLY CORNER THEREOF; THENCE CONTINUING SOUTHEASTERLY (SOUTH 47° 19' 01" EAST RECORD) ALONG THE NORTHEASTERLY LINE OF RANCHO SANTA ROSA AS SHOWN ON RECORD OF SURVEY THEREOF, AS FILED IN BOOK 58 PAGES 75 THROUGH 85 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY TO THE INTERSECTION WITH THE CENTERLINE OF CHERRY STREET; THENCE NORTHEASTERLY (NORTH 48° 09' 38" EAST, 5748.30 FEET, NORTH 48° 10' 43" EAST, 1319.43 FEET, AND NORTH 48° 00' 17" EAST RECORD) ALONG THE CENTERLINE OF CHERRY STREET AS SHOWN ON THE AFOREMENTIONED RECORD OF SURVEY TO THE NORTHEASTERLY RIGHT OF WAY OF INTERSTATE 15 (U. S. HIGHWAY 395); THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY RIGHT OF WAY OF SAID INTERSTATE 15 TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF LOT 122 AS SHOWN ON SAID RECORD OF SURVEY; THENCE NORTHEASTERLY (NORTH 48° 10' 53" EAST RECORD) ALONG THE SOUTHERLY LINE OF LOT 122, NORTHEASTERLY (NORTH 47° 27' 45" EAST, 1322.77 FEET RECORD) ALONG THE SOUTHERLY LINE OF LOT 135, NORTHWESTERLY (NORTH 41° 43' 25" WEST 1296.90 FEET RECORD) ALONG THE EASTERLY LINE OF LOT 135, NORTHWESTERLY (NORTH 41° 39' 51" WEST, 1296.90 FEET RECORD) ALONG THE EASTERLY LINE OF LOT 134, NORTHEASTERLY (NORTH 48° 17' 46" EAST, 1321.84 FEET RECORD) ALONG THE SOUTHERLY LINE OF LOT 148, NORTHEASTERLY (NORTH 47° 43' 08" EAST, 1318.00 FEET RECORD) ALONG THE SOUTHERLY LINE OF LOT 157, NORTHWESTERLY (NORTH 41° 44' 38" WEST, 648.43 FEET, NORTH 41° 53' 30" WEST, 660.43 FEET RECORD) ALONG THE WESTERLY LINE OF LOT 172 TO THE CENTERLINE INTERSECTION OF FIG STREET AND HANCOCK AVENUE, ALL AS SHOWN ON SAID RECORD OF SURVEY; THENCE NORTHEASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 172 TO ITS INTERSECTION WITH THE CENTERLINE OF MURRIETA HOT SPRINGS ROAD BEING ON THE ARC OF A CURVE CONCAVE NORTHERLY AS SHOWN ON PARCEL MAP 18947 THEREOF, AS FILED IN BOOK 120 PAGES 32 THROUGH 39 OF PARCELMAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE (RADIUS OF 1750.00 FEET RECORD) TO A POINT OF COMPOUND CURVATURE; THENCE CONTINUING NORTHEASTERLY ALONG SAID CENTERLINE AND ALONG SAID COMPOUND CURVE, CONCAVE NORTHWESTERLY (RADIUS OF 1000.00 FEET, CENTRALANGLE OF 15° 33' 35", LENGTH OF 271.57 FEET RECORD); THENCE CONTINUING ALONG SAID CENTERLINE NORTHEASTERLY (NORTH 52° 02' 00" EAST, 821.38 FEET RECORD) TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CENTERLINEAND ALONG THE ARC OF SAID CURVE AS SHOWN ON TRACT MAP 4303 THEREOF, AS FILED IN MAP BOOK 71, PAGES 98 THROUGH 99 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY (RADIUS OF 1000.00 FEET, CENTRAL ANGLE OF 23° 41' 00", LENGTH OF 413.35 FEET RECORD); THENCE NORTHEASTERLY (NORTH 75° 50' 00" EAST, 59.59 FEET RECORD) TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AS SHOWN ON TRACT MAP 4056 THEREOF, AS FILED IN MAP BOOK 66 PAGES 26 THROUGH 34 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE EASTERLY ALONG THEARC OF SAID CURVE (RADIUS OF 1000.00 FEET, CENTRAL ANGLE OF 24° 08' 00", LENGTH OF 421.21 FEET RECORD); THENCE EASTERLY (SOUTH 80° 02' 00" EAST, 305.91 FEET RECORD) TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY; THENCE CONTINUING EASTERLY ALONG SAID ARC (RADIUS 1000.00 FEET, CENTRAL ANGLE OF 06° 20' 00", LENGTH OF 110.54 FEET RECORD); THENCE EASTERLY (SOUTH 73° 42' 00" EAST, 440.24 FEET RECORD) TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE (RADIUS OF 1000.00 FEET, CENTRALANGLE OF 15° 58' 00", LENGTH OF 278.67 FEET RECORD); THENCE EASTERLY (SOUTH 89° 40' 00" EAST, 723.34 FEET RECORD) TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE (RADIUS OF 1000.00 FEET, CENTRAL ANGLE OF 00° 52' 04", LENGTH OF 15.15 FEET RECORD) TO THE SOUTHEAST CORNER OF LOT J AS SHOWN ON THE AFOREMENTIONED TRACT MAP 4056; THENCE LEAVING SAID CENTERLINE, NORTHERLY (NORTH 01° 12' 04" EAST, 50.00 FEET RECORD) ALONG THE EASTERLY LINE OF SAID LOT J TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE NORTHEASTERLY, A RADIAL BEARING TO SAID POINT BEARS NORTHEASTERLY (NORTH 01° 12' 04" EAST RECORD), THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY ALONG SAID CURVE (RADIUS OF 23.00 FEET, CENTRAL ANGLE OF 89° 07' 56", LENGTH OF 35.78 FEET RECORD) THENCE NORTHERLY (NORTH 0° 20' 00" EAST, 66.75 FEET RECORD) TO THE BEGINNING OF A CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE (RADIUS OF 211.00 FEET, CENTRAL ANGLE OF 10° 44' 05" LENGTH OF 39.53 FEET RECORD) TO A POINT OF REVERSE CURVATURE; THENCE NORTHERLY ALONG SAID REVERSE CURVE CONCAVE EASTERLY (RADIUS OF 189.00 FEET, CENTRAL ANGLE OF 10° 44' 05", LENGTH OF 35.41 FEET RECORD); THENCE NORTHERLY (NORTH 00° 20' 00" EAST, 514.74 FEET RECORD) TO THE SOUTHWEST CORNER OF LOT 241 OF SAID TRACT MAP 4056; THENCE LEAVING SAID LOT J AND EASTERLY (SOUTH 89° 40' 00" EAST, 75.00 FEET RECORD) ALONG THE SOUTHERLY LINE OF SAID LOT 241 TO THE SOUTHEASTERLY CORNER THEREOF; THENCE NORTHERLY (NORTH 00° 20' 00" EAST, 601.89 FEET, NORTH 06° 56' 02" WEST, 250.68 FEET RECORD) NORTHWESTERLY (NORTH 29° 25' 00" WEST, 190.76 FEET RECORD) ALONG THE EASTERLY LINES OF SAID TRACT MAP 4056 TO THE SOUTHEASTERLY CORNER OF LOT 258 OF SAID TRACT MAP 4056; THENCE LEAVING THE EASTERLY LINE OF SAID TRACT MAP, NORTHEASTERLY (NORTH 51° 56' 34" EAST, 467.94 FEET RECORD) ALONG THE SOUTHEASTERLY LINE OF TRACT MAP 4259 THEREOF, AS FILED IN BOOK 71 PAGES 1 THROUGH 12 OF TRACT MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE CONTINUING ALONG THE SOUTHERLY, SOUTHEASTERLY, EASTERLY AND NORTHERLY LINES OF SAID TRACT MAP 4259, NORTHEASTERLY (NORTH 48° 06' EAST, 464.52 FEET, NORTH 66° 51' 47" EAST, 156.73 FEET RECORD), EASTERLY (NORTH 88° 53' EAST, 155.98 FEET RECORD), NORTHERLY (NORTH 10° 34' 00" WEST, 145.00 FEET RECORD) TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTHEASTERLY (NORTH 10° 34' 00" EAST RECORD); THENCE WESTERLY ALONG THE ARC OF SAID CURVE (RADIUS OF 530.00 FEET, CENTRAL ANGLE OF 01° 54' 00", LENGTH OF 17.58 FEET RECORD); THENCE NORTHERLY (NORTH 09° 16' 00" WEST, 659.52; NORTH 17° 07' 10" WEST, 519.75 FEET RECORD), SOUTHWESTERLY (SOUTH 54° 47' WEST, 671.48 FEET; SOUTH 68° 59' 29" WEST, 105.00 FEET RECORD), WESTERLY (NORTH 81° 04' 30" WEST, 354.00 FEET RECORD), NORTHERLY (NORTH 16° 34' 33" EAST, 163.83 FEET RECORD), NORTHEASTERLY (NORTH 27° 46' 15" EAST, 108.00 FEET, NORTH 33° 45' 50" EAST, 270.00, NORTH 41° 13' 03" EAST, 105.00 FEET, NORTH 64° 41' EAST, 754.00 FEET RECORD), EASTERLY (NORTH 79° 42' 42" EAST, 104.04 FEET, NORTH 89° 07' 54" EAST, 162.00 FEET RECORD), NORTHERLY (NORTH 00° 52' 06" WEST, 288.00 FEET RECORD) TO THE SOUTHERLY LINE OF SECTION 12, TOWNSHIP 7 SOUTH, RANGE 3 WEST; THENCE WESTERLY (SOUTH 89° 07' 54" WEST, 1148.11 FEET RECORD) ALONG THE NORTHERLY LINE OF SAID TRACT MAP 4259 AND THE SOUTHERLY LINE OF SAID SECTION 12 TO THE SOUTHEAST 10. CORNER OF SECTION 11, TOWNSHIP 7 SOUTH, RANGE 3 WEST; THENCE LEAVING THE NORTHERLY LINE OF SAID TRACT MAP 4259 AND NORTHERLY ALONG THE EASTERLY LINES OF SAID SECTION llAND SECTION 2, TOWNSHIP 7 SOUTH, RANGE 3 WEST AND SECTION 35, TOWNSHIP 6 SOUTH, RANGE 3 WEST, TO THE EAST ONE-QUARTER CORNER OF SAID SECTION 35; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF THE NORTH ONE-HALF OF SAID SECTION 36 TO THE EAST ONE-QUARTER CORNER THEREOF; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID SECTION 36 TO THE NORTHEAST CORNER THEREOF; THENCE EASTERLY ALONG THE NORTHERLY LINES OF SECTIONS 31, 32, 33, 34, 35 AND 36, TOWNSHIP 6 SOUTH, RANGE 2 WEST; THENCE CONTINUING EASTERLY ALONG THE NORTHERLY LINE OF SECTION 31, TOWNSHIP 6 SOUTH, RANGE 1 WEST TO THE NORTHEAST CORNER THEREOF; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF THE AFOREMENTIONED SECTION 31 TO THE SOUTHEAST CORNER THEREOF; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SECTIONS 6 AND 7, TOWNSHIP 7 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, TO THE SOUTHEAST CORNER OF SAID SECTION 7; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SECTION 17, TOWNSHIP 7 SOUTH, RANGE 1 WEST, TO A POINT ON A WESTERLY LINE OF RANCHO PAUBA AS SHOWN ON RECORD OF SURVEY THEREOF, AS FILED IN RECORD OF SURVEYS BOOK 49 PAGES 93 AND 94 IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE NORTHERLY (NORTH 00° 20' 44" EAST RECORD) ALONG SAID WESTERLY LINE TO AN ANGLE POINT THEREIN; THENCE EASTERLY (SOUTH 89° 25' 18" EAST, 10073.55 FEET RECORD) TO THE NORTHEASTERNMOST CORNER OF SAID RANCHO PAUBA; THENCE LEAVING SAID RANCHO PAUBA, EASTERLY (SOUTH 89° 45' 57" EAST 65.00 FEET RECORD) ALONG THE NORTHERLY LINE OF PARCEL 1 OF PARCELMAP 9589 THEREOF, AS FILED IN BOOK 41 PAGES 81 AND 82 OF PARCEL MAPS IN THE OFFICE OF 11. THE COUNTY RECORDER OF SAID COUNTY, TO THE NORTHEAST CORNER THEREOF; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL 1 AND THE WESTERLY LINE OF SECTION 10, TOWNSHIP 7 SOUTH, RANGE 1 WEST, TO THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 10; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID SECTION 10 TO THE SOUTHEAST CORNER THEREOF; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SECTION 15, TOWNSHIP 7 SOUTH, RANGE 1 WEST, TO THE SOUTHEASTERLY CORNER THEREOF; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SECTION 22, TOWNSHIP 7 SOUTH, RANGE 1 WEST, TO THE NORTH ONE-QUARTER CORNER THEREOF; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 22 TO THE SOUTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 22; THENCE WESTERLY ALONG THE NORTHERLY LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 22 TO THE WEST ONE-QUARTER THEREOF; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID SECTION 22 TO THE SOUTHWEST CORNER THEREOF; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 1 WEST TO THE EAST ONE-SIXTEENTH CORNER AS SHOWN ON PARCEL MAP 15298 THEREOF, AS FILED IN BOOK 87 PAGES 31 THROUGH 32 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE WESTERLY (SOUTH 89° 45' 16" WEST, 1455.75 FEET RECORD) ALONG THE NORTHERLY LINE OF SAID PARCELMAP 15298 TO THE NORTHWEST CORNER THEREOF, BEING ALSO A POINT ON A CURVE CONCAVE WESTERLY ON THE CENTERLINE OF VIA DE ORO AS SHOWN ON SAID PARCEL MAP, A RADIAL BEARING TO SAID POINT BEARS EASTERLY (NORTH 71° 01' 49" EAST, RECORD) ALONG THE ARC OF SAID CURVE AND CENTERLINE (RADIUS OF 300.00 FEET, CENTRAL ANGLE OF 53° 10' 31", LENGTH OF 278.42 FEET RECORD); THENCE SOUTHWESTERLY (SOUTH 34° 12' 20" EAST, 210.73 FEET 12. RECORD) TO THE BEGINNING OF A CURVE SOUTHEASTERLY; THENCE SOUTH- WESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE (RADIUS OF 300.00 FEET, CENTRAL ANGLE OF 34° 13' 24", LENGTH OF 179.19 FEET) TO THE WESTERNMOST CORNER OF PARCEL 4 OF SAID PARCEL MAP 15298; THENCE LEAVING SAID CENTERLINEAND SOUTHEASTERLY (SOUTH 64° 37' 43" EAST, 367.86 FEET RECORD) ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 4 TO AN ANGLE POINT THEREIN; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL 4 AND ITS SOUTHERLY PROLONGATION THEREOF (SOUTH 00° 15' 20" WEST, 1931.34 FEET RECORD) TO THE SOUTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE- QUARTER OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 1 WEST; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF THE NORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 28 TO THE SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER THEREOF; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID SECTION 28 AND SECTION 33, TOWNSHIP 7 SOUTH, RANGE 1 WEST, TO THE SOUTHEAST CORNER OF SAID SECTION 33; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID SECTION 33 TO THE SOUTHWEST CORNER THEREOF; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SECTION 4, TOWNSHIP 8 SOUTH, RANGE 1 WEST TO THE INTERSECTION WITH THE RANCHO PAUBA LINE AS SHOWN ON AFORESAID RECORD OF SURVEY BOOK 49, PAGES 93 - 94; THENCE EASTERLY ALONG THE RANCHO PAUBA LINE (NORTH 80° 28' 30" WEST RECORD) TO THE MOST EASTERLY CORNER OF SAID RANCHO PAUBA; THENCE SOUTHERLY ALONG THE RANCHO PAUBA LINE (NORTH 13° 35' 32" EAST, 11, 232.99 FEET RECORD) TO THE POINT OF BEGINNING. 13. ITEM NO. 12 TO: FROM: DATE: SUBJECT: APPROVAL FINANCE OFFICER CITY MANAGER ~ CITY OF TEMECULA AGENDA REPORT City Council David F. Dixon, City Manager November 27, 1990 Expanding Sphere of Influence RECOMMENDATION: That the City Council authorize a maximum of $24,000 for continued efforts in establishing the City's Sphere of Influence. BII CKGROUND: Philip Anthony and Bill Mecham at the direction of the City and pursuant to approval from the City Council, have been working on a revised Sphere of Influence for the City of Temecula. The cost associated with their initial undertaking was $24,000.00. As of this date, they have accomplished nearly all of their tasks, but still need to continue their efforts with key landowners in the proposed Sphere of Influence. I am recommending an expansion to their existing contract, which will include taking the Sphere of Influence report through the Local Agency Formation Commission (LAFCO). The cost of this expanded effort is $24,000.00. dfd:SJF ITEM NO. 13 APPROVAL CITY ATTORNEY ~ FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA A GENDA REPORT City Council/City Manager City Attorney November 27, 1990 NUISANCE ABATEMENT ORDINANCE RECOMMENDATION: That the City Council introduce and adopt Ordinance No. 90-XX regarding Nuisance Abatement. DISCUSSION: "Code Enforcement" refers to enforcing the ordinances and regulations of the City, particularly zoning standards (e.g., maximum number and size of sign), parking regulations, (e.g., commercial and oversized vehicles) and property maintenance standards (e.g., abandoned cars, overgrown weeds). Effective Code Enforcement involves use of several different compliance mechanisms. Because the City's primary objective is insuring compliance with City ordinances, the first step in Code Enforcement always is notifying the property owner. In most cases, once a property owner is notified of a violation, he or she does comply. (For the Council's reference, the attached are a Memo and Flow Chart describing the Code Enforcement procedures. Also attached is a monthly activity log. It indicates the types of complaints received and further indicates that most have been abated through voluntary compliance.) Where there is not voluntary compliance, the City will use several different enforcement mechanisms. One particularly effective tool is nuisance abatement. The attached comprehensive Nuisance Abatement Ordinance addresses a wide variety of Code violation areas. The purpose of the Ordinance is to protect the City's citizens and their property from conditions that are offensive, annoying or detrimental to the public health, safety and welfare. Adoption of this Ordinance will provide a formal process to identify and abate those conditions that affect the quality of life, property and business owners, and visitors to the City. Some of the important areas addressed by the proposed Ordinance are as follows: Each type of nuisance is described. A total of thirty (30) areas are listed covering sections of the Zoning Code, Uniform Housing Code, property maintenance, accumulation of trash or dirt, abandoned or neglected machinery or structures, deteriorated site improvements, landscaping, recreational vehicles as dwelling unit, overcrowding, and dumping of waste. A formal abatement procedure is established. First, a notice of the code violation is sent to the property owner. The notice will set a date to attend a hearing on the abatement of the nuisance. The notice will also provide a period for voluntary compliance, but lacking that, the hearing will be held. If the Hearing Officer, as selected by Resolution of the City Council, determines that a public nuisance exists, then he/she will order its abatement. The owner may appeal this decision to the City Council. Absent any appeal, the decision would be final. If the owner fails to abate the nuisance within the prescribed period of time under the Ordinance, the City would then be authorized to enter onto private property and abate the nuisance. The cost of the abatement from the commencement of the proceedings to the time of abatement would be then be recovered through a lien on the affected property. In summary, the chief advantage of nuisance abatement is that it can be conducted administratively by the City, rather than through the courts. However, it should be noted that nuisance abatement is an enforcement mechanism in addition to those other tools available to the City. For example, the City will still be able to issue criminal citations as well as file civil lawsuits. A TTA CHMENTS: Ordinance No. 90-XX Re: Nuisance Abatement. Memo describing General Procedures re Code Enforcement Flow chart re Code Enforcement. Code Enforcement Monthly Activities for November ORDINANCE NO. 90-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, REPEALING PORTIONS OF THE NON-CODIHED RIVERSIDE COUNTY ORDINANCES AND ADDING CHAPTER 6.14 TO THE TEMECULA MUNICIPAL CODE PERTAINING TO NUISANCE ABATEMENT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. City Ordinance No. 90-04 adopted by reference portions of the non-codified Riverside County Ordinances. On the effective date of this Ordinance, the following provisions of the non-codified Riverside County Ordinances, which City Ordinance No. 90-04 adopted, are hereby repealed: (a) Ordinance No. 520 relating to abandoned vehicles; (b) Ordinance No. 541 relating to removal of rubbish; (C) Sections 9 through 15, inclusive of Ordinance No. 551 relating to bees. SECTION 2. Chapter 6.14 is hereby added to the Temecula Municipal Code, which shall read as follows: Divisions: Division 1 Division 2 Division 3 "Chapter 6.14 NUISANCES. GENERAL Public Nuisance Abandoned Vehicles Violations 2/Ord/007 I November 19, 1990 Division 1 - Public Nuisance Sections: 6.14.001 6.14.002 6.14.003 6.14.004 6.14.005 6.14.006 6.14.007 6.14.008 6.14.009 6.14.010 6.14.011 6.14,012 6.14.013 6.14.014 6.14.015 Purpose Public Nuisances Designated Commencement of Abatement Proceeding Voluntary Abatement of Nuisances Involuntary Abatement Form of Notice Hearing, Order of Abatement Appeal Notice of Council Decision Abatement of Nuisance by City Cost Accounting: Notification Assessment Lien Owner's Responsibility Alternate Actions 6.14.001 Purpose (a) In order to further the stated goals of the City of Temecula and to protect its citizens and their property from conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, or hazardous or injurious to the health, safety or welfare of the general public, the City Council has determined that an Ordinance is necessary to effectively abate or prevent the development of such conditions in the City of Temecula. (b) It is the intention of the City Council, in adopting the Ordinance codified herein, to set forth guidelines for determining what conditions constitute a public nuisance; to establish a method for giving notice of the conditions and an opportunity to correct them; and finally in the event the public nuisance is not abated or corrected, to provide a procedure for a hearing and determination of the facts and manner in which the conditions shall be corrected or removed. (c) It is the purpose of this Ordinance to provide a just, equitable and practical method, in addition to any other remedy available at law, whereby lands or buildings which are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds, debris, abandoned vehicles, machinery or equipment, or are a menace, or hazard to life, limb, safety, health, morals, property values, aesthetic standards or the general welfare 2/Ord/007 2 November 19, 1990 of the City of Temecula, may be required to be repaired, renovated, vacated, demolished, made safe, or cleaned up by removal of offensive conditions. (d) It is the purpose of this Ordinance to provide a program for the removal and/or abatement as public nuisances of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private or public property. (e) In addition to the abatement procedures provided herein, this Ordinance declares certain conditions to be public nuisances and that maintenance of such conditions shall be a misdemeanor. (f) This Ordinance is not intended to enforce Conditions, Covenants and Restrictions (CC&R's) on property, nor to supersede them. This Ordinance will be enforced uniformly within the City regardless of CC&R's. Therefore, this Ordinance does not abrogate the right of any homeowners association or private citizen to take action, legal or as otherwise provided in the CC&R's, to force compliance with the CC&R's applicable to their tract or association even though the CC&R provisions may be the same, more restrictive or may not be covered by this Ordinance. 6.14,002 Public Nuisances Designated. It shall be unlawful and it is hereby declared to be a public nuisance for any person owning, leasing, occupying or having charge of any residential, agricultural, commercial, industrial, business park, office, educational, religious, vacant or other property within the City of Temecula, to maintain such property in such a manner that any of the following conditions are found to exist thereon: (a) Any violation of any Section of the City of Temecula Ordinance No. 90-04, which adopted by reference portions of the non-codified Riverside County Ordinance including, but not limited to: (1) Ordinance No. 190 relating to accumulation of limbs, branches, trimmings and parts of domestic and cultivated fruit trees; (2) Ordinance No. 369 relating to the deposit or discharge of sewage and other waste matter; ranches; (3) Ordinance No. 431 relating to location and operation of hog 2/Ord/007 3 November 19, 1990 (4) Ordinance No. 523 and 527 relating to the control of flies; of bees; (5) (6) Sections 1 through 8 of Ordinance No. 55 1 relating to control Ordinance No. 627 relating to regulation of picture arcades; (7) Ordinance No. 650 relating to sewage discharge; pollution; (8) Ordinance No. 655 relating to the regulation of light (9) removal of solid waste; Ordinance No. 657 relating to regulation of collection and (10) Ordinance Nos. 348 and 348.3078 relating to planning, including zoning restrictions, related to structures on property, signs restrictions, site development standards, and parking standards; (11) housing and electrical; Ordinance No. 457.73, as amended, relating to building, (b) Land, the topography or configuration of which, in any man-made state, whether as a result of grading operations, excavations, fill, or other alteration, interferes with the established drainage pattern over the property or from adjoining or other properties which does or may result in erosion, subsidence or surface water drainage programs of such magnitude as to be injurious to public health, safety and welfare or to neighboring properties; (c) Buildings or structures which are partially destroyed, abandoned or permitted to remain in a state of partial construction for more than six (6) months, or during any period of extension, after the issuance of a building permit; (d) The failure to secure and maintain from public access all doorways, windows and other openings into vacant or abandoned (not occupied or in use for any purpose, no maintenance applied to the structure or grounds) buildings or structures; (e) Painted buildings that require re-painting, and walls, retaining walls, fences or structures, or building, walls, fences or structures upon which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chatking, dry rot, warping or termite infestation; 2/Ord/007 4 November 19, 1990 (f) Any building or structure, wall, fence, pavement, or walkway upon which any graf~ti, including paint, ink, chalk, dye or other similar marking substances, is allowed to remain for more than twenty-four (24) hours; (g) Broken windows; (h) Overgrown, dead, decayed or hazardous vegetation which: (1) May harbor rats, vermin or other disease carriers; (2) Is maintained so as to cause an obstruction to the vision of motorists or a hazardous condition to pedestrians or vehicle traffic; (3) Constitutes an unsightly appearance; (4) Creates a danger or attractive nuisance to the public; (i) Building exterior, roofs, landscaping, grounds, walls, retaining and crib walls, fences, driveways, parking lots, sidewalks or walkways which are maintained in such condition so as to become defective, unsigh~y or no longer viable; (j) The accumulation of dirt, litter, feces, or debris in doorways, adjoining sidewalks, parking lots, landscaped or other areas; (k) Except where construction is occurring under a valid permit, lumber, junk, trash, garbage, salvage materials, rubbish, hazardous waste, refuse, rubble, broken asphalt or concrete, containers, broken or neglected machinery, furniture, appliances, sinks, fixtures or equipment, scrap metals, machinery parts, or other such material stored or deposited on property such that they are visible from a public street, alley or neighboring property; cracks; (1) Deteriorated parking lots, including those containing pot holes, or (m) Abandoned, broken or neglected equipment and machinery, pools, ponds, excavations, abandoned wells, shafts, basements or other holes, abandoned refrigerators or other appliances, abandoned motor vehicles, any unsound structure, skateboard ramps, or accumulated lumber, trash, garbage, debris or vegetation which may reasonably attract children to such abandoned or neglected conditions; 2/Ord/007 5 November 19, 1990 (n) (1) Construction equipment, buses, tow trucks, dump trucks, flatbed trucks, grading equipment, tractors, tractor trailers, truck trailers, or any other commercial vehicle over twenty-five (25) feet long or eight (8) feet in height or ninety (90) inches wide, supplies, materials, or machinery of any type or description, parked or stored upon any street or property within a residential zone. (2) Commercial vehicle, for the purposes of this section, shall be defined as any motorized or non-motorized vehicle used or maintained to transport property or goods for profit, or persons for hire or compensation. Any commercial vehicle, when used as the primary source of transportation by the person owning, leasing, occupying or having charge of any such vehicle, shall be excluded from the provisions of this subsection; (o) Construction debris storage bins stored in excess of fifteen (15) days on a public street or any front or sideyard setback area without the express approval of the City Engineer; (p) Any property with accumulations of grease, oil or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fences, or from which any such material flows or seeps on to any public street or other public or private property; (q) Any front yard, parkway, or landscaped setback area which lacks turf, other planted material, decorative rock, bark or planted ground cover or covering, so as to cause excessive dust or allow the accumulation of debris; (r) Any condition of vegetation overgrowth which encroaches into, over or upon any public right-of-way including, but not limited to, streets, alleys, or sidewalks, so as to constitute either a danger to the public safety or property or any impediment to public travel; (s) Any habitation which is overcrowded, as defined by the Uniform Housing Code, as adopted by reference by the City of Temecula Ordinance No. 90-04, or which lacks adequate ventilation, sanitation or plumbing facilities, or which constitutes a fire hazard; (t) (1) The dumping of any waste matter in or upon any public or private highway or road, including any portion of the right-of-way thereof, or in or upon any private property into or upon which the public is admitted by easement or license, or upon any private property without 'the consent of the owner, or in or upon any public 2/Ord/007 6 November 19, 1990 park of any public property other then property designated or set aside for that purpose by the governing board or body having charge of that property. (2) Also, any placing, depositing or dumping of any rocks or dirt in or upon any private highway or road, including any portion of the right-of-way thereof, or any private property, without the consent of the owner, or in or upon any public work or other public property, without the consent of the state or local agency having jurisdiction over the highway, road, or property. (u) Any other condition declared by any State, County, or City statute, code or regulation to be a public nuisance. 6.14.003 Commencement of Abatement Proceedin~,s. Whenever the Director of Building and Safety (hereinafter "Director") or his duly authorized agent or representative reasonably believes a public nuisance exists, he shall commence abatement proceedings. The Director shall have responsibility for abating such nuisances on any private property and cause a written notice to be issued to abate such nuisance. (a) The notice shall contain a description of the property in general terms reasonably sufficient to identify the location of the property. It shall refer to this section and the violation(s) of City Ordinance or the Municipal Code at issue, and shall direct compliance by removal or correction of the condition which is in violation of the provisions of this Code within a minimum of seven (7) calendar days and a maximum of thirty (30) calendar days from the date of the notice. The notice shall further describe the consequences of failure to comply as prescribed in this section. (b) The notice shall be served on the owner or his agent and the person in possession of the property by registered or certified mall, return receipt requested. Delivery by first class mall shall be used when delivery by registered or certified mall is refused. Such notice by mail shall be sufficient for purposes of this Chapter. (c) Failure of any person to receive a notice shall not affect the validity of any proceedings under this Chapter. 6.14.004 Voluntary Abatement of Public Nuisances. The owner, lease holder, tenant, or occupant having charge of any building, structure, or property alleged to be a public nuisance as set forth above, may abate said nuisance at any time within the abatement period by rehabilitation, repair, removal or demolition. The Director/Designee shall be advised of the abatement and shall inspect the premises to ensure that the nuisance has in fact been abated. 2lOrd/007 7 November 19, 1990 6.14.005 Involuntary Abatement. Upon failure of the owner or his agent or the person in possession of the property to remove or correct the conditions described in the notice by the date specified, the Director shall cause a hearing to be held to determine whether said building, structure, or property is being maintained in such a manner so as to constitute a public nuisance. The Director shall give not less than seven (7) days written notice of the hearing to the owner(s) of the affected properties as shown on the latest equalized tax assessment roll by mailing the same to the addresses as indicated thereon, to any persons holding permits to the applicable property, building or structure, and further, within the same time period, and by conspicuously posting on the affected property, building, or structure a copy of the notice. Notice may also be served on the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other state of legal interest of record of the building or structure, or the land on which it is located. (a) The notice shall indicate the nature of the alleged public nuisance, a description of the property involved, and the designation of the time and place of the heating to determine whether the same constitutes a public nuisance, and the manner of the proposed abatement if the same is found to be a public nuisance. (b) The notice and order of abatement shall be served on every party by registered or certified mail. Delivery by first class mail shall be used when delivery by registered or certified mail is refused. (c) The failure of any person to receive this notice shall not affect the validity of any proceedings under this Chapter. (d) Nothing hereby shall prevent any property owner or other interested person from abating the nuisance prior to the time of the hearing and notifying the City of the same. Upon confirmation by the City that the nuisance has been abated, the need for the hearing shall be deemed terminated. 6.14.006 Form of Notice. The notice given shall be provided in substantially the following format: 'NOTICE OF HEARING ON ABATEMENT OF PUBLIC NUISANCE A hearing will be held at Temecula before the City of Temecula Hearing Officer, to determine whether the premises at constitutes a public nuisance. 2/Ord/007 8 Novombor 19, 1990 The conditions asserted to constitute a public nuisance include the following: A hearing may be avoided if the following corrections are made at least two (2) calendar days before the date set for the hearing: If it is determined that the conditions on the property constitute a public nuisance, the following abatement action may be taken by the City if the owner has not taken corrective action within five {5) days after the heating officer's determination: If abatement action is taken by the City, all costs of the abatement will be assessed against the property and will attach as a lien until paid. All persons having an interest in this matter may attend the hearing and give testimony and evidence, which will be given due consideration by the hearing officer. Call (714) __ for questions regarding this notice.' 6.14.007 Hearing. (a) The hearing to determine whether a public nuisance exists shall be conducted by the hearing officer. The hearing officer shall be determined by Resolution by the City Council. The hearing officer is authorized to take testimony and in the course of so doing, is authorized to administer oaths or affirmations pursuant to California Code of Civil Procedure Section 2093(a). (b) At the heating, the hearing officer shall consider all relevant evidence, including but not limited to applicable Staff Reports. He shall give any interested person the reasonable opportunity to be heard in conjunction therewith. Based upon the evidence so presented, the hearing officer shall determine whether a public nuisance within the meaning of this Chapter exists. 2lOrd/007 9 November 19, 1990 6.14.008 Order Of Abatement. (a) The decision of the heating officer shall be final and conclusive in the absence of appeal as provided in this Chapter. (b) The hearing officer shall, within five (5) working days of the date of the heating, cause to be sent a copy of the written notice of decision by certified or registered mail to the owner, all other persons and entities who received notice of the original hearing and to any other person requesting the same. The notice shall contain an order of abatement, if a public nuisance is determined to exist, directed to the owner of the affected property or the person in control and/or charge of the property, and shall set forth the nature of the nuisance, its location and the time and manner for its abatement. (c) Where an appeal is filed as provided in this Chapter, the order of abatement shall be suspended pending the review of the determination in the manner set forth in this Chapter. 6.14,009 Appeal. Any person entitled to notice of hearing, who has participated in that hearing and who is dissatisfied by the order of the hearing officer, may appeal that order by filing an appeal with the City Clerk within five (5) days of the date of the order and by paying the appeal fee set by Resolution. The notice of appeal shall specify: (a) A description of the property; (b) The abatement proceedings appealed; property; (C) The owner, or appealing party's, legal or equitable interest in the (d) A statement of disputed and undisputed facts; (e) being appealed, the appeal; and A statement specifying which portion of the proceedings that are together with any evidentiary or supporting materials that would support (f) A verification of the truth of all matters asserted. 2/Ord/007 10 November 19, 1990 Upon the timely filing of a notice of appeal in the proper form, the City Clerk shall place said appeal upon the next regular meeting to the City Council scheduled to be held not less than five (5) business days after said appeal is received. The City Clerk shall provide written notice of the appeal, including the time, place, and date of the hearing on the appeal, to the appellant and any other person to whom notice of the hearing officer's order was sent. Said notice shall be sent in the same manner as notice of the heating officer's order. The City Council may limit the issues on appeal to those in substantially the same form as that sent by the hearing officer and shall be sent to all persons to whom notice of the heating officer's order was sent as well as to all persons requesting such notice, in writing, at the time the appeal is heard. 6.14.010 Notice of Council Decision. A copy of the Council's order shall be mailed by certified or registered mail to the owner, all other persons, and entities who received notice of the original hearing and to any other person requesting the same, by the City Clerk within five (5) working days after the adoption thereof. The Council's decision shall be final and conclusive. Pursuant to Code of Civil Procedure Section 1094.6, any action to review the decision of the Council shall be commenced not later than the nineteenth day after the date the Council's order is adopted. 6.14.011 Abatement of Nuisance by City. If the nuisance is not completely abated by the date specified in the hearing officer's order, or in the City Council's determination, as appropriate, the City Manager may immediately cause the same to be abated by City personnel or under private contract. The heating officer and/or City Council are authorized to grant reasonable extensions on the time period for abatement based on a proper showing by the property owner of extenuating circumstances, made before the date of City abatement. The owner of the premises shall be liable to the City for all costs of such abatement. 6.14.012 Cost Accounting: Notification. (a) City personnel, or any private contractor authorized to abate the nuisance, shall keep an account of the cost, including incidental expenses, of all abatement work performed on each separate lot or parcel of land where work is done and shall render an itemized report in writing to the City Council showing the total cost of abatement by rehabilitation, demolition, or repair of the property, buildings, or structure, including any salvage value relating thereto. A copy of the report shall be posted at City Hall or other official location for posting City notices for at least five (5) days before it is considered by the City Council. Proof of posting shall be made by affidavit of the 2/Ord/007 11 November 19, 1990 City Clerk or Deputy City Clerk. The term 'incidental expenses' includes but is not limited to all actual expenses and costs of the City in the commencement of abatement proceedings, including preparation of notices, specifications and contracts, inspection of the work, and the cost of printing and mailings required under this Chapter, and any attorney fees expended in the abatement of the nuisance, through civil action or otherwise. The City Attorney shall be responsible for keeping an accounting of attorney fees and costs and transmitting the same to the Director. (b) Costs shall be assessed at the conclusion of the abatement; in the case of an abatement by any method which takes more than six (6) months, costs may be assessed at any time after six (6) months, but in no event more than two (2) times a year. (c) The Director shall submit his itemized statement of costs to the City and shall set the same for a hearing before the City Council. (d) The Director shall cause notice of the time and place of the hearing to be given to the owners of the property to which the same relate, and to any other interested person requesting the same by United States Mail, postage prepaid, addressed to the person at his/her last known address at least five (5) days in advance of the hearing. (e) Notice may also be served on the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of records; and the holder of any other estate or legal interest of record in or to the building or structure, or the land in which it is located. 6.14,013 Assessment Lien. The total cost for abatement of the nuisance, as confirmed by the City Council, shall constitute a special assessment against the lot or parcel of land to which it relates and, upon recordation in the office of the County Recorder of a Notice of Lien, shall constitute a lien on the property for the amount of the assessment. After confirmation and recordation, a copy of the Notice of Lien may be turned over to the tax collector to add the amounts of the assessments to the next regular tax bill levied against the respective lots and parcels of land. Thereafter the assessment amounts shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary property taxes. After recordation, the lien may be foreclosed by judicial or other sale in the manner and 2/Ord/007 12 November 19, 1990 means provided by law. The Notice of Lien for recordation shall be in a form substantially as follows: 'NOTICE OF LIEN Claim of the City of Temecula Pursuant to the authority vested by Chapter 6.14 of the Temecula Municipal Code, the City of Temecula hearing officer [City Council] did on or about the day of ,19_, cause the property hereinafter described to be declared a public nuisance and order the same abated. The City Council of the City of Temecula, did on the day of , 19_, assess the cost of such abatement upon the property and the same has not been paid nor any part thereof. The City of Temecula does hereby claim a lien for such abatement in the amount of the assessment, to wit: the sum of $__, and the same shall be a lien upon the real property until paid in full and discharged of record. The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being entirely within the City of Temecula, County of Riverside, State of California, particularly described as follows: (legal description) Dated: This __ day of , 19_. City Manager CITY OF TEMECULA' 6.14.014 Owner Responsibility. The owner of any premises within the City has the primary responsibility for keeping said premises free of public nuisances. Tenants and occupants of the premises, for the purposes of this Chapter, shall be deemed to be the agents of the owner. 2/Ord/007 13 Novomber 19, 1990 6.14.015 Alternate Actions. Nothing in this Chapter shall be deemed to prevent the City from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to it under provisions of applicable ordinances or state law to correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings set forth herein. Section 6.14.017 - 6.14.100 Reserved. Sections: Division 2 - Abandoned Vehicles 6.14.101 Purpose 6.14.102 Exception s 6.14.103 Enforcement 6.14.104 Notice of Intent to Abate and Remove 6.14.105 Request for Hearing 6.14.106 Hearings 6.14.107 Appeal 6.14.108 Decision to Remove Vehicle 6.14.109 Costs 6.14.110 Franchises 6.14.111 Notice to Department of Motor Vehicle 6.14.112 Removal Required 6.14.113 No City Liability 6.14.114 Alternate Actions 6.14.101 Purpose. In addition to and in accordance with the authority granted to the City by the State under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof as public nuisances, the City Council makes the following f~ndings and declarations: The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or pans thereof on private or public property is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute a nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare. Therefore, the presence of 2lOrd/007 14 Novtinier 19, 1990 an abandoned, wrecked, dismantled or inoperative vehicle or part thereof, on private or public property except as expressly permitted in this Division, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this Division. 6.14.102 Exceptions. (a) This Division shall not apply to: (1) A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or (2) A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise; (b) Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this Chapter. 6.14.103 Enforcement. Except as otherwise provided in this Division, the provisions of this Division shall be administered and enforced by the Police Chief, or his designee. 6.14.104 Notice of Intent to Abate and Remove. (a) A ten (10) day notice of intention to abate and remove a vehicle or part thereof as a public nuisance shall be issued, unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof; (b) For inoperable vehicles or parts thereof located on property which is (a) zoned for agricultural use or (b) not improved with a residential structure containing one or more dwelling units, the notice of intention shall not be required for removal of a vehicle or part thereof which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than two hundred dollars ($200) by any person designated pursuant to the Vehicle Code to make such appraisals, and is determined by the Police Chief to be a public nuisance presenting an immediate threat to public health or safety; provided that the property owner has signed 2/Ord/007 15 November 19, 1990 a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition of such a low-valued vehicle or part thereof, the Police Chief shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within twelve (12) days after notice is mailed, from a location specified in Vehicle Code Section 22662, final disposition may proceed; (c) The notice of intention to abate shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle. The statement shall include notice to the property owner that the owner may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, and the owner's reasons for such denial, in lieu of appearing. The notice shall be mailed, by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownership. The service is complete at the time of such deposit. (d) The notice shall be substantially in the following form: 'Notice of Intent To Abate and Remove Date: Notice Is Hereby Given that you are required at your expense to remove the vehicle identified as and located on property commonly known as , Temecula, California, within ten (10) days after the date appearing on the notice. Said vehicle is in such a condition to constitute a public nuisance. If you fail to comply with this order, City employees or private City contractors will enter upon your property and abate the public nuisance by removal of the vehicle or part thereof. The cost of the abatement incurred by the City or its private contractor will be assessed against your property and such costs will constitute a lien upon the land until paid. All persons having an interest in the property on which the vehicle or part thereof is located and/or of the vehicle or part thereof are hereby notified that such interested parties may request a hearing within ten (10) days of the date of this notice to be held at _ 2lOrd/007 16 November 19, 1990 , Temecula, before a heating officer to determine whether the vehicle or part thereof is in such a condition to constitute a public nuisance. You may appear in person at the hearing or you may submit a sworn written statement denying responsibility for the presence of the vehicle or part thereof on the land, and the reasons for such denial, in lieu of appearing. If such a request is not received within such period, the City shall remove the vehicle or part thereof. Call (714) for questions regarding this notice.' 6.14.105 Request for Hearing. (a) A hearing shall be held before the hearing officer upon request for such hearing by the owner of the vehicle or the owner of the land upon which the vehicle is located. This request shall be made in writing to the Police Chief within ten (10) days after the mailing of notice of intent to abate and remove the vehicle, or at the time of signing a release pursuant to Subsection 1 or 2 of Section 6.14.104. (b) If the owner of the land on which the vehicle is located submits a sworn statement denying responsibility for the presence of the vehicle on his/her land within such time period, this statement shall be construed as a request for hearing which does not require the presence of the owner submitting such request. If such a request is not received within such period, the City shall have the authority to remove the vehicle. 6.14.106 Hearings. (a) All hearings under this Division shall be held before the hearing officer, which heating officer shall hear all facts and testimony deemed pertinent. The facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on the private or public property. The technical rules of evidence shall not apply. The owner of the land on which the vehicle is located may appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on the land, with the owner's reasons for such denial; (b) At the conclusion of the hearing the hearing officer may find that a vehicle or part thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as provided in this Division; 2/Ord/007 17 November 19, 1990 (c) If it is determined by the hearing officer that the vehicle was placed on the land without the consent of the landowner and that the owner has not subsequently acquiesced to its presence, the hearing officer shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such landowner; (d) If an interested party makes a written presentation to the hearing officer, but does not appear, said party shall be notified in writing of the decision within five (5) days of such decision by the hearing officer by certified or registered mail. 6.14.107. Appeal. Any interested party may appeal the decision of the hearing officer by filing a written notice of appeal with the City Clerk within ten (10) days after the decision and by paying the appeal fee set by Resolution. Such appeal shall be heard by the City Council which may affirm, amend or reverse the order or take any other action deemed appropriate. The City Clerk shall give written notice of the time and place of the heating to the appellant and those persons specified in Section 6.14.106. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence. The decision of the City Council shall be final. 6.14.108 Decision To Remove Vehicle. (a) An order for abatement and removal of a vehicle, made pursuant to this Division, shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, if available. (b) The hearing officer, or the City Council on appeal, may impose such conditions and take such actions as are deemed appropriate and justified under the circumstances to carry out removal of the vehicle or pan thereof; (c) Five (5) days after adoption of the order, five (5) days from the date of mailing of notice of the decision if such notice is required, or fifteen (15) days after such action of the City Council authorizing removal following appeal, the vehicle or pans thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard; (d) After a vehicle has been removed, it shall not thereafter be reconstructed or made operahie, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Section 5004 of the Vehicle Code, in which case the vehicle may be reconstructed or made operahie. 2/Ord/007 18 Nov=tuber 19, 1990 6.14.109 COsts. The hearing officer, or the City Council on appeal, shall determine the administrative costs and cost of removal to be charged. If the administrative costs and the cost of removal are charged against the owner or a parcel of land pursuant to this Division and are not paid within thirty (30) days of the date of 'the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other taxes. 6.14.110 Franchises. When the City Council has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this Division. 6.14.111 Notice to Department of Motor Vehicles. Within five (5) days after the date of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part thereof removed. At the same time, there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates. 6.14.112 Removal Required. No person shall fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this Division or state law where such state law is applicable. 6.14.113 No City Liability. Neither the City nor any contractor thereof shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this Division. 6.14.114 Alternate Actions. This Division is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the City, the State, or any other legal entity or agency having appropriate jurisdiction. Section 6.14.115 - 6.14.200 Reserved. 2/Oral/007 19 November 19, 1990 Sections: Division 3 - Violations 6.14.201 6.14.202 6.14.203 Misdemeanors Authority to Arrest Citation Procedure 6.14.201 Misdemeanors. The owner, or any other person having charge or control of any building or property, who maintains any public nuisance as defined in this Chapter or who violates any order of abatement made pursuant to this Chapter is guilty of a misdemeanor. Any unauthorized person who removes any notice or order posted as required in this Chapter is guilty of a misdemeanor. No person shall obstruct, impede or interfere with any representative of the City engaged in vacating, repairing, rehabilitating or demolishing and removing any property pursuant to the provisions of this Chapter or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant hereto. Any person violating or failing to comply with any of the provisions of this Chapter shall be guilty of a misdemeanor and shall be punished in accordance with Section 1.01.200 to 1.01.240 of this Code. A criminal prosecution may be initiated without a nuisance hearing, as provided in this Chapter, or upon a violating of any order resulting from such a hearing. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this Chapter is committed or permitted to continue. 6.14.202 Authority to Arrest. The following designated officers and employees shall have the power to arrest persons for misdemeanor violations of this Chapter whenever the officer or employee has reasonable cause to believe that the person has committed the offense in said officer's or employee's presence: the Building Official; the Senior Planner; and, Code Enforcement Officers 2/Ord/007 20 November 19, 1990 6.14.203 Citation Procedure. All designated officers and employees exercising their authority to arrest under this Chapter shall comply with the procedures regarding the making of arrests set forth in Section 833 et sea_. of the California Penal Code, and the procedures regarding misdemeanor citations set forth in Section 853.6 et seq. of the California Penal Code." SECTION 3. SEVERABILITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be published and posted as required by law. PASSED, APPROVED AND ADOPTED this day of ,1990. ATTEST: Ronald J. Parks Mayor June S. Greek Deputy City Clerk 2lOrd/007 21 November 19, 1990 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 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 any passed at a regular meeting of the City Council on the __ day of , 1990, by the following vote, to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: APPROVED AS TO FORM: June S. Greek Deputy City Clerk Scott F. Field City Attorney 2/Ord/007 22 Nov=mbcr 19, 1990 GENERAL PROCEDURES CITY OF TEMECULA CODE ENFORCEMENT Incoming Complaint: Filed - Obtain information of complainant, violator and location of reported violation. Log Complaint: Log Sheet & Index Card System. Code - Blue dot for zoning, Red dot for building. Zoning complaints: Inspected by Code Enforcement Officer, enforced by Code Enforcement Officer. Building complaints: Initial inspection for verification of violation. Inspection by B.I., enforcement by Code Enforcement Officer. Complaint Files: 1 ) First Site Visit to verify existance of violation. a) Call or contact violator (tenant and/or property owner). b) Send notification letter to complainant (to contact Code Enforcement Officer if violation exists after the period given to violator). Send notification letter to violator (tenant and/or property owner) to voluntarily comply with ordinance within fifteen to thirty days. 2)' Second Site Visit- To ensure compliance or issue Notice of Violation. Violation to be brought into compliance within fifteen days. 3) Third Site Visit- To ensure compliance with Notice of Violation if not in compliance. a) Violator given option to meet for mediation with City Attorney and Code Enforcement Officer prior to filing citation with court. b) Citation will be filed with the court, or Nuisance Abatement proceedings initiated, if no contact from violator and if violation is not corrected or dismissed by the City. c) If corrections are completed before court date, and verified by the Code Enforcement Officer, the district attorney will be notified and the decision to be made by the court. CODE ENFORCEHENT PROCESS STAGE ONE COMPLAINT NEIGHBOR CITY COUNCIL I CITY STAFF CODE ENFORCEHENT ~ STAGE TWO INVESTIBATIDN INSPECTION I IflOTIFICATIDNLETTER I INOTICE OF VIOLATION J I'NOTICE OF OFFICE HEARIN8 J CITY ATTORNEY'S OFFICE HEARINS ~ t STAGE TT{REE REFERRkL/EVALUATION ADMINISTRATIVE ABATEMENT CITY ATTORNEY'S CODE ENFORCEMENT UNIT ASSESSMENT OF DEMAND LETTER COURT ACTION NOII~DO~3U ~OIl~BOUd 3ON31N3S . ONIII3B IN3NVWB3d IN3|~NBIVBU~ INI~'ldW03 INI~dW03 ]IAI3 NOII3~ 18203 NOII3V IUN03 UAO~ 39VIS CODE '~" OF CONPLAINT LAND USE Abandoned Vehicles ENFORCEMENT MONTHLY ACTIVITY NONTH NOVEMBER OPENED OPEN LAST OPEN YEAR ASATED "AOATED - ABATEO CHY C~REnT P. ONTH TO DATE CURRENT LAST YEAR TO ATTORNEY IqONTH RONTH tlONTH DATE I 7 8 0 7 7 0 Accumulation of aunt IPrivate Prop.) 1 2 3 1 2 3 0 Advertising Regulations lllhlloonh Banners, FlagIs)) 6 5 11 2 6 8 0 IllSigns, Billboards, Structure, oct.: ......................................... 1~. ...... _1.1 .........2.5 L ........ .LB- .......2.5- .......J ...... Animal Keeping ....................... , ...................9, ........J ..........1 ..........~ ..........1 ..........] ...... _~ .....,, Construction If!Noise) ........................................... g. .........2__ ..........g, ..........Z2, .........n ..... IllDebris) 0 0 0 0 0 0 0 Encroachment 0 0 0 0 0 0 0 Garage Sales 0 0 0 0 0 0 0 Home Occupation 0 2 2 2 0 2 0 L, ght PaiNtics ....................................... ,Q. .~ .........~ ....... · .........,O ,O ........ ~ ...... fiehal Food Prep. Units .Q. Q ~ ..........O ..........g .........~- .......-0- ....... HOTDOG 0 5 5 Street Vendors .... VEHICLES 6 11 17 Solid Mash IPrlvake Prop.} 0 I 1 Te,porary Outdoor Events Vehicle {Commercial) Private Prop, Need Abatement MISC. , 0 MISC. 0 6. BUILDING I SAFETY 1 0 1 1 0 -' - SubStandard Housing 0 1 1 0 1 1 0 Building nithoot Permits 0 1 1 0 1 1 0 Open Trenches 0 1 1 0 1 1 0 Unsafe/Abandoned Construction Sites 0 1 1 0 1 1 0 .inL 29 65 91- -,.. 18 72 90 1 ITEM NO. 14 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECUI, A A GENDA REPORT City Council David F. Dixon, City Manager November 27, 1990 Legal Services/Paralegal RECOMMENDATION: It is recommended that this item be continued for further report and analysis by the City Manager. BACKGROUND: Several weeks ago City Council brought up the question of contract fees for legal services. In the course of examining the cost associated with this service, we have also taken a brief look at other contract service costs. Because the City is now a year old, it would be prudent to re-examine all contract services and to identify cost benefit, quality of service, and the continuance of the contract relationships. Therefore, it is my recommendation that this item be continued until January of 1991, which would give the staff sufficient time to examine any of our contract relationships, and to address the broader question, as mentioned above, as it relates to our contract policies and position with existing contractors. ITEM NO. 15 APPROVAL FINANCE OFFICER CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECUI, A A GENDA REPORT City Council David F. Dixon, City Manager November 27, 1990 Developmental Fees RECOMMENDATION: It is recommended that this item be continued for 30 days with a report forthcoming at that time. BACKGROUND: Several weeks ago the question was raised relative to appropriate planning and engineering fees. As a result of those questions and other associated comments, we have embarked on a comprehensive review of all fees and charges. That report should be available within the next 30 to 45 days, at which time it will be submitted for review and consideration. Therefore, I am recommending that this item be continued for approximately 30 days. ITEM NO. 16 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA A GEND,4 REPORT City Council City Manager November 27, 1990 Traffic Signals - Target Shopping Center PREPARED BY: June S. Greek, Deputy City Clerk RECOMMENDATION: Continue matter off calendar. BACKGROUND: At the meeting of November 13, 1990, you discussed the possibility of a jointly funded signalization program on Ynez and Rancho California Roads adjacent to the Target Shopping Center. The developer of the shopping center, Land Grant Development agreed to investigate the feasibility of their entering into such an agreement. As of this date, we have not heard from Land Grant with respect to these public improvements. We will bring this matter back to you when there is something more specific to report. ITEM NO. 17 CITY OF TEMECULA A GENDA REPORT TO: FROM: DATE: MEETING DATE SUBJECT.' CITY MANAGER/CITY COUNCIL SCOTT F. FIELD, CITY ATTORNEY~_.~Fr"/~,~,: NOVEMBER 15, 1990 NOVEMBER 27, 1990 ADOPTION OF A CITY ORDINANCE RELATING TO PLACEMENT OF ADULT MATERIALS HARMFUL TO MINORS RECOMMENDATION: That the City Council introduce Ordinance No. 90- restricting the placement of adult materials harmful to minors. DISCUSSION: The City has received complaints regarding adult materials sold in the City that are not suitable for minors. State law authorizes the City to adopt legislation regulating the display of such material through the use of a "blinder rack" ordinance. Accordingly, in order to restrict the display of adult reading material so that adverse impacts upon minors are kept to a minimum, an ordinance is necessary. ATTACHMENTS: Ordinance No. 90- relating to the placement of adult materials harmful to minors. ORDINANCE NO. 90-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 11.10 TO THE TEMECULA MUNICIPAL CODE RELATING TO THE PLACEMENT OF MATTER HARMFUL TO MINORS. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Code to read as follows: Chapter 11.10 is hereby added to the Temecula Municipal "CHAPTER 11.10 DISPLAY OF ADULT MATERIALS HARMFUL TO MINORS 11.10.010. Legislative Finding and Authorization. The City Council does find that there exists and has existed an increasing trend toward the display of harmful matter within the meaning of California Penal Code Section 313 et seq. at grocery stores, convenience stores, drugstores, and other retail outlets within the City of Temecula. Said material is often displayed within the open view of children of tender years and is easily accessible to them. The City Council finds that this material is adverse to the public peace, morals and good order of young children. The Council further finds that it is in the best interest of the public safety, welfare and convenience of the City to restrict the display of said material and to adopt the following regulations so that adverse impacts upon young children are kept to a minimum. 11.10.020. Display of Adult Materials Harmful To Minors. The display of material which is harmful to minors, as defined in Chapter 7.6 of Title 9 of the California Penal Code, (Section 313 et seq. thereof) in a public place, other than a public place from which minors are excluded, is prohibited unless a device commonly known as a blinder rack is placed in front of such material, so that the lower two-thirds of the material is not exposed to view. 11.10,030. Penalties 2/ORDS/008 I 11 / 19/90 Every day that this Chapter is violated shall be a separate violation of this Chapter. Every violation of this Chapter shall be punishable as a misdemeanor." SECTION 2. Harmful Matter. Forwarding Copy Of Ordinance To Businesses Handling, Upon adoption, a copy of this Ordinance shall be forwarded to all businesses in the City of Mission who may handle "harmful matter" as defined in Section 313 of the California Penal Code. SECTION 3. SEVERABILITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. SECTION 5. EFFECTIVE DATE This Ordinance shall be in full force and effect thirty (30) days after its passage. 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 ,1990. Ron Parks Mayor ATrEST: June S. Greek Deputy City Clerk 2/ORD8/008 2 11 / 19190 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) $S. I, June S. Greek City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 90-_ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the __ day of , 1990, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the __ day of , 1990, by the following vote, to wit: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek Deputy City Clerk APPROVED AS TO FORM: Scott F. Field City Attorney 2/ORD$/008 3 11119190 A GENDA TEMECULA COMMUNITY SERVICES DISTRICT A REGULAR MEETING NOVEMBER 27, 1990 PM CALL TO ORDER: ROLL CALL: PRESENTATIONS/ PROCLAMATIONS PUBLIC COMMENTS CSD BUSINESS 1. Lindemans, Moore, Mu~oz, Parks, Birdsall Minutes RECOMMENDATION: 1.1 Approve the minutes of November 13, 1990 as mailed. Election of President of the Temecula Community Services Board of Directors At this time the President will entertain motions from the Board of Directors to select the President to preside until the end of calendar year 1991. Election of Vice President of the Temecula Community Services Board of Directors At this time the President will entertain motions from the Board of Directors to select the Vice President to preside until the end of calendar year 1991. A ccentance of Donated Property RECOMMENDATION: 4.1 Accept donation of property (3.47 + acres) located off La Serena Way, containing a Metropolitan Water District Easement for possible future park development. COMMUNITY SERVICES DIRECTORS REPORT BOARD OF DIRECTORS REPORTS ADJOURNMENT Next meeting: December 4, 1990, 7:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California CSDAgenda 2/050890 2 11/21/90 ITEM NO. 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD NOVEMBER 13, 1990 A regular meeting of the Temecula Community Services District was called to order at 8:33 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 Field and June S. Greek, Deputy City Clerk. PUB!.IC COMMENTS None given. CSD BUSINESS It was moved by Director Parks, seconded by Director Moore to approve the minutes of November 13, 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 COMMUNITY SERVICES DIRECTORS REPORT Shawn Nelson, Director of Community Services, reported that the City is in the process of acquiring from Riverside County, the property adjacent to Sports Park, and staff is looking at the development of a conceptual design for the entire Sports Park area. He said requests for qualifications are being prepared, to begin the development of a Parks and Recreation Master Plan. He also reported interviews will begin within one week for a Park Development Coordinator and a Maintenance Superintendent. 4\CSDMIN\I 11390 -1 - 11/19/90 CSD Minutes November 13, 1990 Mr. Nelson reported that the next Parks and Recreation Commission meeting will be held Monday, November 26, 1990, 7:00 PM at Rancho Elementary School. CITY ATTORNEYS REPORT None given. DIRECTORS REPORTS Councilmember Mu~oz stated that a year ago CSAo143 established a master plan for the Sports Park, and suggested using this as reference material. Mr. Nelson reported he does have a copy of this plan and it is being used for this purpose. ADJOURNMENT It was moved by Director Parks, seconded by Director Mu~oz to adjourn at 8:40 PM, to a meeting on November 27, 1990, at the Temecula Community Center at 7:00 PM. The motion was unanimously approved. Patricia H. Birdsall, President ATTEST: June S. Greek, Deputy City Clerk 4\CSDMIN\I 11390 -2- 11/19/90 ITEM NO. 2 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors City Manager November 27, 1990 Election of President PREPARED BY: June S. Greek, Deputy City Clerk RECOMMENDATION: of calendar year 1991. Conduct election of TCSD President to preside until the end BACKGROUND: At the first meeting of the Temecula Community Services District on December 1, 1989, you elected the President to preside until the end of calendar year 1990. Therefore, the term of the President elected to serve during 1991 would become effective on January 8, 1991 at your first meeting of the new year. ITEM NO. 3 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA A GENDA REPORT Board of Directors City Manager November 27, 1990 Election of Vice President PREPARED BY: June S. Greek, Deputy City Clerk RECOMMENDATION: Conduct election of TCSD Vice President to preside until the end of calendar year 1991. BACKGROUND: At the first meeting of the Temecula Community Services District on December 1, 1989, you elected the Vice President to preside until the end of calendar year 1990. Therefore, the term of the Vice President elected to serve during 1991 would become effective on January 8, 1991 at your first meeting of the new year. ITEM NO. 4 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: David F. Dixon, City Manager DATE: November 5, 1990 SUBJECT: Acceptance of Donated Property Prepared By: Shawn Nelson, Community Services Director RECOMMENDATION: That the City Council accept donated property containing Metropolitan Water District Easement for possible future park development. FISCAL IMPACT.' No fiscal impact due to the property being donated. However, if developed, monies will need to be budgeted for maintenance and operation. DISCUSSION: On September 18, 1990, the City Council authorized staff to execute the necessary paperwork to accept this donated property containing a Metropolitan Water District Easement for possible future park development. This undeveloped, narrow parcel on La Serena Way could be integrated into a city-wide trails system that will be designed when the Parks and Recreation Master Plan is completed. Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: MAIL TAX STATEMENTS TO: SPACE ABOVE THIS LINE FOR RECORDERS bSE DOCUMENTARY TRANSFER TAX S ................................................ Com0utecl on me cons~c~eratlon or vaJ~e of 0roDarty conreset C~ ..... Computed on the Cons~clerat~on or va,~e ~es5 =~ens or ecc~mDrar, Ces remammg at t~me of sale CORPORATION GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BEDFORD DEVELOPMENT COMPANY a corporation organized under the laws of the State of California GRANT to THE CITY OF TEMECULA the real property in the City of Temecula County of Riverside , State of California, described as For legal description see Exhibit "A" attached hereto and by this reference made a part hereof. Dated November 5, 1990 On November L$ , 1990 Mfore~, ~ Peter B. Bedford on~half~ Bedford Development Company MAIL TAX STATEMENTS AS DIRECTED ABOVE 1144 (6/82) ROBERT BEIN, WILLIAM FROST AND ASSOCIATES 28765 Single Oak Drive, Suite 250 Temecula, California 92390 May 16, 1990 JN 23651-M2 Page 1 of 2 LEGAL DESCRIPTION TEMECULA PARK SITE E/O TRACT NO. 20881 That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being that portion of the Rancho Temecula as granted by the government of the United States of America to Luis Vignes by patent dated January 18, 1860 and recorded in Book 1, Page 37 of Patents in the Office of the County Recorder of San Diego County, California, described as follows: BEGINNING at the most northeasterly corner of Tract No. 20881 filed in Book 180, Pages 42 through 47 of Maps in the Office of the County Recorder of said Riverside County, said corner being a point in the boundary line of Tract No. 3883 filed in Book 63, Pages 1 through 35 of Maps in said Office of the Riverside County Recorder; thence along said boundary line North 28°27'20'' East 204.80 feet; thence continuing along said boundary line North 74°26'20'' East 3.77 feet to the centerline of a variable width easement in favor of the United States of America per document recorded October 27, 1949 as Instrument No. 3113 in Book 1118, Page 376 of Official Records in said Office of the Riverside County Recorder; thence along said centerline South 2°49'06'' East 1316.30 feet to an angle point in the boundary line of Tract No. 7401 filed in Book 86, Pages 11 and 12 of Maps in said Office of the Riverside County Recorder and a point in the northerly line of La Serena Way as shown on a map of said tract; thence along said boundary line South 27°25'49'' East 20.58 feet to a point on a non-tangent curve in the northerly line of La Serena Way concave southeasterly and having a radius of 894.00 feet as shown on Tract No. 20735-7 filed in Book 180, Pages 26 through 31 of Maps in said Office of the Riverside County Recorder, a radial line of said curve from said point bears South 34°17'54'' East; Robert Bein, William Frost and Associates Temecula Park Site E/O Tract No. 20881 May 16, 1990 JN 23651-M2 Page 2 of 2 thence along said curve and northerly line southwesterly 160.41 feet through a central angle of 10°16'49'' to the easterly line of said Tract No. 20881; thence along said easterly line through ~he following courses: non-tangent from said curve North 2°49'06" West 891.89 feet; thence North 87°10'54'' East 10.00 feet; thence North 2°49'06'' West 362.80 feet to the POINT OF BEGII~NING. CONTAINING: 3.47 Acres, more or less .. SUBJECT TO all Covenants, Rights, Rights-o~-Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. Lawrence L. Bacon, L.S. 3527 ~F CAL\~ EXH iIET "A" 129960 EXHIBIT ,~l, __ 8~crrc~ TO ~CC(~ANY LEGAL T~'I~'CULA PARK SITE E/0 TRACT NO eoaa/ COAtTAININ~ : ~. DATE MAY 17, 19~0 N~i$~ LINE OF LA 5~R~'NA · PER TRACT NO, ;401 --I EXHIBIT "B" $ttEET I OF I SHEET PR F SSIONAL ENGINEERS. PLANNERS & SURVEYORS 28765 SINGLE OAK DRNE * SUITE 250 · RANCHO CALIFORNIA, CA 92390 {714) 876-8042 · FAX {714) 67(~7240 FIELD BOOK ~ JOB NO P_3{~51 DOCUMENTS SUBMITTED FOR THE RECORD 41111 / �Ef •1 / 26 November 1990 CITY OF TEMECULA City Council Members Ron Parks , Mayor Pat Birdsall Karel Lindemans Peg Moore Sol Munoz Dear Members: 1 have been the owner of a 2 1/2 acre parcel at the corner of Pala Vista Drive and Liefer Road since 1981. This letter is to make you aware that I want to develop my property and therefore ask that you please designate 1/2 acre parcels as per the SWAP Map dictates for my parcel . I also want to go on record as disagreeing with your decision to turn down the division of the property at Liefer and Nicholas Road from a 5 acre parcel to 1 acre parcels that belongs to my neighbor. Sincerely, Lou I . Brady-McCormick Rancho California, CA 92390 DOCUMENTS SUBMITTED FOR THE RECORD 4 b 1 �g y/g o ?'47/7P14--) Is j / � �� November 26 , 1990 City of Temecula City Council Members Ron Parks , Mayor Pat Birdsall Karel Lindemans Peg Moore Sol Munoz Dear Members , I own a 21 acre parcel on Liefer Road in Temecula. I want to go on record as being pro development. I want the 11 acre density shown on the most recent South West Area Plan. Nicolas Road needs improvements . I realize that without development these improvements would be very slow in coming. Please do not turn down development projects in my area because you think that I want the area to stay just the way it is . We all welcome change in our area. Change benefits us all . Sincerely, / .40 /9 c;,6'. — 721 �, �•�, . N Kenny and Norma Medina Temecula, CA 92390