HomeMy WebLinkAbout17-12 PC Resolution PC RESOLUTION NO. 17-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA16-0517, A MINOR MODIFICATION
TO AN EXISTING CONDITIONAL USE PERMIT (CUP) FOR
A DANCE HALL THAT INCLUDES A REDUCTION OF THE
BUILDING AREA FOR THE EXISTING USE AND A
REVISION TO THE PREVIOUSLY APPROVED HOURS OF
OPERATION AND MAKING A FINDING OF EXEMPTION
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) (APN 922-073-025)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On March 25, 1993 the Planning Director approved Planning Application
No. PA93-0030, Minor Conditional Use Permit for a western dance hall to be located
within an existing 27,164 square foot building.
B. On August 4, 2015, Chris Campbell of Walter R. Allen Architects and
Associates filed Planning Application No. PA16-0517, a Minor Modification Application to
a Conditional Use Permit in a manner in accord with the City of Temecula General Plan
and Development Code.
C. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
D. The Planning Commission, at a regular meeting, considered the Application
and environmental review on June 21, 2017, at a duly noticed public hearing as
prescribed by law, at which time the City staff and interested persons had an opportunity
to and did testify either in support or in opposition to this matter.
E. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission approved Planning Application
No. PA16-0517 subject to and based upon the findings set forth hereunder.
F. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
Modifications, Development Code Section 17.05.030.E
A. The proposed conditional use is consistent with the General Plan and the
Development Code.
The modification application will allow for the revision of operating hours and a
reduction in the footprint of an existing business. As conditioned, this business will
remain in conformance with the General Plan for Temecula and the Development
Code.
B. The proposed conditional use is compatible with the nature, condition and
development of adjacent uses, buildings and structures and the proposed conditional use
will not adversely affect the adjacent uses, buildings or structures.
The modification will allow for a revision of operating hours and a reduction in the
footprint of an existing business. The use will remain the same other than these
revisions. Therefore the existing use will remain compatible with the nature,
condition and development of adjacent uses, buildings and structures and the
proposed conditional use will not adversely affect the adjacent uses, buildings or
structures.
C. The site for a proposed conditional use is adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer areas,
landscaping, and other development features prescribed in this development code and
required by the Planning Commission or Council in order to integrate the use with other
uses in the neighborhood.
The modification will allow for a revision of operating hours and a reduction in the
footprint of an existing business. The use will remain the same other than these
revisions. Therefore the existing use will continue to be adequate in size and shape
to accommodate the yards, walls, fences, parking and loading facilities, buffer
areas, landscaping, and other development features prescribed in the
Development Code and required by the Planning Commission.
D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community.
The project has been reviewed to ensure compliance with the Development, Fire,
and Building Codes. These codes are designed to ensure for the health, safety,
and general welfare of the community.
E. That the decision to approve, conditionally approve, or deny the application
for a conditional use permit be based on substantial evidence in view of the record as a
whole before the planning director, planning commission, or city council on appeal.
The decision to approve, conditionally approve, or deny the application for the
Conditional Use Permit is based on substantial evidence in view of the record as
a whole before the Planning Commission.
Section 3. Environmental Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of the Minor Modification Application:
The Old Town Specific Plan was formally revised in 2010. An Environmental
Impact Report was prepared and certified as part of this effort.
A. In accordance with the California Environmental Quality Act, the proposed
project has been deemed to be exempt from further environmental review(Section 15162,
Subsequent EIRs and Negative Declarations)
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA16-0517 a Minor Modification to an existing
Condition Use Permit (CUP) for a dance hall that includes a reduction of the building area
for the existing use and a revision to the previously approved hours of operation located
at 28721 Old Town Front Street, subject to the Conditions of Approval set forth on Exhibit
A, attached hereto, and incorporated herein by this reference.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 2151 day of June 2017.
John H. Telesio, Chairman
ATTEST:
Luke Wats n
Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby
certify that the forgoing PC Resolution No. 17-12 was duly and regularly adopted by the
Planning Commission of the City of Temecula at a regular meeting thereof held on the
21St day of June, 2017 by the following vote:
AYES: 4 PLANNING COMMISSIONERS: GUERRIERO, TELESIO, WATTS,
YOUMANS
NOES: 0 PLANNING COMMISSIONERS: NONE
ABSENT: 1 PLANNING COMMISSIONERS: TURLEY-TREJO
ABSTAIN: 0 PLANNING COMMISSIONERS: NONE 14
Lu Watson
Secretary
EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA16-0517
Project Description: First and Front Minor Modification: a Minor Modification to an existing
Conditional Use Permit(PA93-0030)for a music and entertainment venue,
dance hall and restaurant/saloon that includes reduction of the building area
for the existing use and a revision to the previously approved hours of
operation. The project is located at 28721 Old Town Front Street.
Assessor's Parcel No.: 922-073-025
MSHCP Category: N/A(Previously Graded and Constructed Site)
DIF Category: N/A(Existing Building)
TUMFCategory: N/A(Existing Building)
Quimby Category: N/A(Non-Residential Project)
New Street In-lieu of Fee: N/A(Not within the Uptown Temecula Specific Plan Area)
Approval Date: June 21, 2017
Expiration Date: June 21, 2019
PLANNING DIVISION
Within 48 Hours of the Approval
1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a
cashier's check or money order made payable to the County Clerk in the amount of Fifty Dollars
($50.00) for the County administrative fee, to enable the City to file the Notice of Exemption as
provided under Public Resources Code Section 21152 and California Code of Regulations
Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the
Planning Division the check as required above, the approval for the project granted shall be void
by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)).
General Requirements
2. Indemnification of the Citv. The applicant and owner of the real property subject to this
condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its
attorneys from any and all claims, actions, awards,judgments, or proceedings against the City
to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any
action in furtherance of and the approval of the City, or any agency or instrumentality thereof,
advisory agency, appeal board or legislative body including actions approved by the voters of
the City, concerning the Planning Application. The City shall be deemed for purposes of this
condition, to include any agency or instrumentality thereof, or any of its elected or appointed
officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall
promptly notify both the applicant and landowner of any claim, action, or proceeding to which
this condition is applicable and shall further cooperate fully in the defense of the action. The
City reserves the right to take any and all action the City deems to be in the best interest of the
City and its citizens in regards to such defense.
3. Expiration. This approval shall be used within 2 years of the approval date; otherwise, it shall
become null and void. Use means the beginning of substantial construction contemplated by
this approval within the 2-year period,which is thereafter diligently pursued to completion, or the
beginning of substantial utilization contemplated by this approval, or use of a property in
conformance with a Conditional Use Permit.
4. Time Extension. The Director of Community Development may, upon an application being filed
prior to expiration, and for good cause, grant up to three extensions of time, one year at a time.
5. Consistency with Specific Plans. This project and all subsequent projects within this site shall
be consistent with Specific Plan No. 5 (Old Town)except as approved herein for a prior existing
building.
6. Compliance with EIR. The Project and all subsequent projects within this site shall comply with
all mitigation measures identified within EIR SCH No. 2009071049.
7. Conformance with Approved Plans. The development of the premises shall substantially
conform to the approved site plan and elevations contained on file with the Planning Division.
8. Modifications or Revisions. The permittee shall obtain City approval for any modifications or
revisions to the approval of this project.
9. Statement of Operations. The applicant shall comply with their Statement of Operations dated
March 30, 2017, on file with the Planning Division, unless a conflict exists between the
Statement of Operations and these Conditions of Approval, in which case the Conditions of
Approval control.
10. Previous Conditions of Approval. All previous and presently applicable Conditions of Approval
from PA-93 0030 that have not been superseded by the subsequently executed Parking
Agreement and the subsequently enacted Old Town Specific Plan are hereby incorporated into
this document(See copy of Parking Agreement attached hereto).
11. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section
17.03.080 of the City's Development Code.
12. City Review and Modification of CUP. The City, its Director of Community Development,
Planning Commission, and City Council retain and reserve the right and jurisdiction to review
and modify this Conditional Use Permit (including the Conditions of Approval) based on
Changed Circumstances. Changed Circumstances include, but are not limited to, the
modification of business, a change in scope, emphasis, size or nature of the business, and the
expansion, alteration, reconfiguration or change of use. The reservation of right to review any
Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its
Director of Community Development, Planning Commission and City Council is in addition to,
and not in lieu of, the right of the City, its Director of Community Development, Planning
Commission, and City Council to review, revoke or modify any Conditional Use Permit approved
or conditionally approved hereunder for any violations of the conditions imposed on such
Conditional Use Permit or for the maintenance of any nuisance condition or other code violation
thereon. Changed Circumstances shall not be defined as the transition from the existing
footprint of the premise under the existing CUP to the new footprint under this Minor
Modification.
13. Posting of Local Transportation Providers. An 8.5" x 11" (or larger) sign listing local
transportation service providers and corresponding telephone numbers shall be posted at a
conspicuous location within the building. Information to assist in the compilation of this sign
may be obtained through the Temecula Valley Chamber of Commerce at(951)676-5090.
14. Noise. Exterior noise levels shall not exceed 65 decibels as measured 50 feet from the
property line. Applicant shall bear the cost of a noise study if noise level reading is requested
as a result of three (3) or more written complaints received by the City and after written notice
thereof to Applicant and Applicant's tenant.
15. Parking Security. Subject to the obligations of the City under the Parking Agreement, the
parking area servicing the Project, as identified in the Parking Agreement, shall be monitored by
security personnel for the limited purpose of discouraging loitering and drinking of alcohol.
16. Permitted Use. The use hereby permitted is for a music, entertainment, dancehall, restaurant/
saloon to be located in a revised space of approximately 17,000 +/- sq. ft.
17. Special Events Permit. Refer to Parking Agreement in Paragraph 13.
18. Termination of Alcohol Sales. The last call indicating the termination of the sale of alcohol shall
be no less than one half(1/2) hour prior to closing for all nights of operation.
19. General. This modification of the existing CUP represents a restatement of the existing CUP
issued in 1993 (No. PA-93-0030) (the "Existing CUP") after removing those conditions that
have, as a result of the recordation of that Agreement and Grant of Real Property Subject to and
Reserving Parking Easement dated April, 1999 between Applicant, as grantor and dominant
tenement holder, and City of Temecula, as grantee and servient tenement holder, and recorded
on May 13, 1999, as Instrument No. 1999-208241 (the "Parking Agreement"), been rendered
obsolete and no longer applicable. A copy of the Parking Agreement is attached hereto and
incorporated herein by this reference.
20. Hours of Operation. Hours of operation shall be limited to between 11:00 AM to last call at 1:30
AM and close at 2:00 AM, Sunday through Saturday. The Permittee may be open during any
Old Town street-wide-functions.
21. Interior Lighting. The interior lighting shall be sufficient for a police officer or employee to
identify any person inside the business.
22. Queue Mechanism. Permittee shall develop and utilize a queue mechanism at the outside
entrance located adjacent to Old Town Front Street. The queue mechanism shall consist as a
single file type or a different type of mechanism that will operate efficiently and safely,
accommodating the transition from the public sidewalk to the private entrance.
Prior to Issuance of Building Permit
23. Use Permit. The existing and fully operational Dance Hall now occupying the Premises
(described as 28721 Old Town Front Street)and operating under the terms and conditions of an
existing and approved CUP(PA93-0030),Amendment 3), dated and approved March 25, 1993
(the "Existing CUP") shall remain in full force and effect, excluding any parking requirements
(such requirements having been superseded and rendered obsolete by the Parking
Agreement), until such time that this Minor Modification to the existing CUP set forth herein (the
"Restated and Modified CUP") is approved and a final Certification of Occupancy is issued.
The Restated and Modified CUP: The following conditions are included in and made apart
of the Restated and Modified CUP:
A. Applicant and / or the Dance Hall shall have the right to continue to operate the existing
business under the Existing CUP, within the existing footprint, until such time that the Dance
Club premises is reconfigured (reduced in size), the Restated and Modified CUP is activated
and a certificate of occupancy is issued, as reconfigured;
B. The City has approved the Phased Major Modification entitlements, as set forth in
PA15-1158;
C. The City has approved all new tenant improvement plans and has issued all building
permits necessary for the new tenant improvements for the Dance Hall premises;
D. The new tenant improvements related to the reconfigured Dance Hall premises and directly
related to the Dance Hall have been constructed and deemed complete/approved by the City;
E. The Restated and Modified CUP shall become fully operational in the new reconfigured
Premises upon: (i) the completion of construction of the approved new tenant improvement
plans related to the Dance Hall, (ii)the completion of the phased exterior improvements related
to the Dance Hall, and (iii)the owner of tenant conversion of the Dance Hall occupancy from the
existing (larger) footprint of the Premises into the (smaller) reconfigured Dance Hall Premises
as set forth in PA-15-1158.
F. The Restated and Modified CUP shall become effective upon the issuance of a Certificate of
Occupancy of the reconfigured Dance Hall Premises. The Dance Hall transition from the
existing (larger)footprint into the reconfigured (smaller) Dance Hall Premises the Restated and
Modified CUP shall be seamless, occurring outside of normal Dance Hall business hours.
Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit
24. Compliance with Conditions of Approval. Applicant shall be in compliance with all of the
foregoing conditions prior to occupancy or any use allowed under this Permit, excluding
however, the occupancy of the existing tenant under the Existing CUP.
Outside Agencies
25. Compliance with Dept. of Environmental Health. The applicant shall comply with the
recommendations set forth by the County of Riverside Department of Environmental Health.
BUILDING AND SAFETY DIVISION
General Requirements
26. Final Buildina and Safety Conditions. Final Building and Safety conditions will be addressed
when building construction plans are submitted to Building and Safety for review. These
conditions will be based on occupancy, use, the California Building Code (CBC), and related
codes which are enforced at the time of building plan submittal.
27. Compliance with Code. All design components shall comply with applicable provisions of the
2016 National Electrical Code; 2016 edition of the California Building, Plumbing and Mechanical
Codes; 2016 California Electrical Code; California Administrative Code, 2016 California Energy
Codes, 2016 California Green Building Standards, California Title 24 Disabled Access
Regulations, and City of Temecula Municipal Code.
28. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review,
a complete exterior site lighting plan showing compliance with County of Riverside Mount
Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other
outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division.
Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or
public rights-of-way. All exterior LED light fixtures shall be 3,000 kelvin or below.
29. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley Unified School
District shall be submitted to the Building and Safety Department to ensure the payment or
exemption from School Mitigation Fees. (For exceeding square footage of existing building
only)
30. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit
approvals prior to commencement of any construction work.
31. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards,
and any block walls will require separate approvals and permits. Solid covers are required over
new and existing trash enclosures.
32. Demolition. Demolition permits require separate approvals and permits.
33. Hours of Construction. Signage shall be prominently posted at the entrance to the project,
indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance
9.20.060,for any site within one-quarter mile of an occupied residence. The permitted hours of
construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted
on Sundays and nationally recognized Government Holidays.
34. Protection of drains and penetration. Protection of joints and penetrations in fire
resistance-rated assemblies shall not be concealed from view until inspected for all designed
fire protection. Required fire seals/fire barriers in fire assemblies at fire resistant penetrations
shall be installed by individuals with classification or certification covering the installation of
these systems. Provide certification for the installation of each area and certification of
compliance for Building Official's approval.
At Plan Review Submittal
35. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4)
complete sets of plans and two (2) sets of supporting calculations for review and approval
including:
a. An electrical plan including load calculations and panel schedule, plumbing schematic, and
mechanical plan applicable to scope of work.
b. A"hardscape plan' must be submitted to Building and Safety for verification of accessibility
and for minor hardscape modifications.
c. Truss calculations(For only new trusses)that have been stamped by the engineer of record
of the building and the truss manufacturer engineer.
Prior to Issuance of Grading Permit(s)
36. Plans Require Stamp of Registered Professional. The applicant shall provide appropriate
stamp of a registered professional with original signature on plans submitted for plan review.
Prior to Issuance of Building Permit(s)
37. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of
a registered professional with original signature on the plans.
Prior to Beginning of Construction
38. Pre-Construction Meeting. A pre-construction meeting is required with the building inspector
prior to the start of the building construction.
FIRE PREVENTION
Prior to Issuance of Grading Permit(s)
39. Access Road Widths. Fire Department vehicle access roads shall have an unobstructed width
of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches;
access road is to be the existing driveway from First Street to the city public parking lot and the
existing driveway from Front Street in the vacated portion of Second Street per the parking
agreement between the developer and the City of Temecula, recorded May 13, 1999 as
instrument number 1999-208241, and per the reciprocal access easement recorded October
18, 1995 as instrument number 347147, all of official records and as shown on the approved
exhibits.(CFC Chapter 5 and City Ordinance 15.16.020).
Revised at the June 21, 2017 Planning Commission Hearing.
40. All Weather Access Roads. Fire apparatus access roads shall be designed and maintained to
support the imposed loads of fire apparatus and shall be with a surface to provide all-weather
driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of
.25 feet. In accordance with Section 3310.1, prior to building construction, all locations where
structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and City
Ordinance 15.16.020).
41. Turning Radius. Dead end roadways and streets in excess of 150 feet which have not been
completed shall have a turnaround capable of accommodating fire apparatus Outside turning
radius is 45-feet. (CFC Chapter 5 and City Ordinance 15.16.020).
Prior to Issuance of Building Permit(s)
42. Required Submittals (Fire Underground Water). The developer shall furnish three copies of
the water system plans to the Fire Prevention Bureau for approval prior to installation for all
private water systems pertaining to the fire service loop. Plans shall be signed by a registered
civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to
hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be
required with the underground submittal to ensure fire flow requirements are being met for the
on-site hydrants. The plans must be submitted and approved prior to building permit being
issued (CFC Chapter 33 and Chapter 5).
43. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the
Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the
installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the
issuance of building permit.Area'E'will have its own separate fire sprinkler riser room, and Area
'A' will have a riser room for the entire other building.
44. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire
Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing
contractor to the Fire Prevention Bureau. The fire alarm system is required to have a
dedicated circuit from the house panel. These plans must be submitted prior to the issuance of
building permit.
Prior to Issuance of Certificate of Occupancy
45. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective
markers (blue dots) (City Ordinance 15.16.020).
46. Knox Box. A"Knox-Box' shall be provided. The Knox-Box shall be installed a minimum of six
feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5).
47. Addressing. New and existing buildings shall have approved address numbers, building
numbers or approved building identification placed in a position that is plainly legible and visible
from the street or road fronting the property. These numbers shall contrast with their
background. Commercial buildings shall have a minimum of 12-inch numbers with suite
numbers being a minimum of six inches in size. All suites shall have a minimum of 6-inch high
letters and/or numbers on both the front and rear doors. (CFC Chapter 5 and City Ordinance
15.16.020).
POLICE DEPARTMENT
General Requirements
48. Sale of Alcohol. Any business that serves or sells any type of alcoholic beverage shall comply
with all guidelines within the Business and Profession Codes and all rules, regulations and
guidelines of the California Department of Alcoholic Beverage Control.
49. Alcohol Related Training and Inspections. Contact the Temecula Police Department for
alcohol related inspections and training for both employees and owners. This includes special
events held at business locations where alcohol will be served for a fee and the event is open to
the general public.
50. Alcohol in Public Prohibited. Applicant shall comply with Temecula Municipal Code Section
9.14.010, Consumption of Alcoholic Beverages in Public Prohibited.
51. Sales of Alcohol - Identification. Identification will be verified utilizing one of the following: (a)
valid California driver's license; (b) valid California identification card; (c) valid military
identification card (active/reserve/retired/dependent); (d) valid driver's license from any of the
50 States or Territories of the United States; (e)valid U.S. Passport; (f)valid government issued
identification card issued by a Federal, State, County or City agency.
52. Sales of Alcohol - Identification Reauirements. As noted above, only a valid government
issued identification card issued by a Federal, State, County, or City agency is acceptable,
providing it complies with 25660 of the Business and Profession Code (B&P), which includes
the following requirements: (a) name of person; (b) date of birth, (c) physical description; (d)
photograph; (e) currently valid (not expired). It is the responsibility of the business owner and
any person who serves or sells alcohol to be aware of current laws and regulations pertaining to
alcoholic beverages.
53. Civil Demand Program. Penal Code Section 490.5 affords merchants the opportunity to recover
their losses through a civil demand program.The text of this section of the penal code can be found
at: hftp://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=484-502.9
54. Crime Prevention Training. Employee training regarding credit cards, theft, citizens' arrest
procedures, personal safety, business security or any other related crime prevention subject is
available free of charge through the Crime Prevention Unit. To schedule an appointment, call
(951) 506-5132.
55. Business Security Survey. The Crime Prevention and Plans Unit of the Temecula Police
Department offers free business security surveys, to schedule an appointment contact the unit
at(951) 506-5132.
56. Contact. Any questions regarding these conditions should be directed to the Temecula Police
Department Crime Prevention and Plans Unit at(951) 506-5132.
Recording Re- "t jed By .f
First American L a%,om n �� � 1999—
y 05/13/1999 08:00A Fee o:NC:NC
Page I of 28 Doc T Tax Paid
Recorded in Official Records
County of Riverside
When Recorded Return to: Gary L. Orso
Assessor, County Clark 6 Recorder
Susan Jones
City Clerk 111111111111111I�IIIIIIIIIIII81111�illlllll
City of Temecula „ 5 U MU w
Post Office Box 9033 i
Temecula, CA 92589-9023
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AGREEMENT AND GRANT OF REAL PROPERTY SUBJECT TO AND RE-
SERVING PARKING EASEMENT
FOR VALUABLE CONSIDERATION, the receipt and adequacy of
which is hereby acknowledged, FIRST & FRONT, a Califor-
nia general partnership, (herein "Grantor") hereby
grants and conveys to the CITY OF TEMECULA (herein
"Grantee") and its successors and assigns, that real
property particularly described in Exhibit "A" (some-
times herein the "Servient 'renement") attached hereto
� 1 subject to and reserving an easement thereon in favor
N of 'Grantor and Grantor's successors and assigns as the
t owner of that Real Property of the Grantor, contiguous
to the Servient Tenement, and more particularly de-
scribed in Exhibit "B" attached hereto (herein the
"Dominant Tenement") .
The Servient Tenement as described in Exhibit A con-
sists of two contiguous parcels designated therein and
_ herein as Parcel 2 and Parcel 3.
The easement rights being reserved herein include the
non-exclusive right of the Grantor, and its successors
and assigns as the owner in fee of the Dominant Tene-
ment, and the tenants, servants, visitors, invitees,
licensees, visitors of the tenants, invitees of the
tenants and licensees of the tenants of the owner in
fee of the Dominant Tenement, to park motor vehicles of
all kinds thereon, at all times of the day or night,
free of any charge in connection with the uses on the
Dominant Tenant whatsoever, and to have commercially
reasonable access thereto for such purposes.
The Grantee accepts the Grant of title to the Servient
Tenement and for itself and its successors and assigns
does acknowledge the reservation of an easement as pro-
vided for herein and the parties further agree as fol-
lows:
1. Purpose of the Servient Tenement Grantee covenants for
.itself and its successors and assigns that, except as
otherwise provided herein concerning the construction
of improvements with respect to Parcel 3, the Servient
U94 `1
Page 1 of 12 total pages
208241
Tenement and all portions thereof shall always be main-
tained at all times in the future as a public parking
lot for motor vehicles and for no other purpose.
Should the Servient Tenement not be so maintained as a
public parking lot for motor vehicles, title in fee
thereto shall revert to the then owner in fee of the
Dominant Tenement. Before title and fee shall revert
to the then owner in fee of the Dominant Tenement as
provided for herein, the owner in fee of the Dominant
Tenement or the duly appointed agent thereof shall pro-
vide the owner in fee of the Servient Tenement with no-
tice of the violation giving rise to the reversion and
the owner in fee of the Servient Tenement shall have
thirty (30) days in which to cure the default, if it
can be cured, and if not cured within said thirty (30)
day period, title in fee to the Servient Tenement shall
automatic revert to the then owner in fee of the Domi-
nant Tenement.
2. Free Parking. Except as otherwise provided herein
concerning the construction of improvements with re-
spect to parcel 3, the owner in fee of the Servient
Tenement shall allow free parking of motor vehicles on
the Servient Tenement at all times of the day and night
by the owner in fee of the Dominant Tenement and by all
tenants of the Dominant Tenement, and by all .customers,
employees, and persons dealing with the owner in fee of
the Dominant Tenement and by all customers, employees,
and persons dealing with tenants of the Dominant Tene-
ment in connection with all uses on the Dominant Tene-
ment. The owner of the Servient Tenement shall refrain
from taking any action that would impair or diminish
any of the easement rights provided for herein.
3. SutfcientSoaces. Subject to the rights of the owner
of the Dominant Tenement as set forth in Section 9, 12
and 19 below, the owner of the Servient Tenement shall
take all necessary actions to assure that in the Servi-
ent Tenement is developed and thereafter maintained
with as many parking spaces as is practicable given the
parking space size, parking lot landscaping, and turn-
ing aisle requirements of Title 17, Development Code,
of the Temecula Municipal Code. "
4. No Buildings or Structures Except as provided sections 9
and 12 herein, no buildings or other structures shall
be constructed or placed on the Servient Tenement ex-
cept as reasonably required for the management and ad-
ministration of the Servient Tenement as a public park-
ing lot, and for no other purpose.
5. Signs. The owner in fee of the Servient Tenement
shall allow the owner in fee of the Dominant Tenement
to place any prominent sign on the Servient Tenement at
Page 2 of 12 total pages
' 208241
each access/egress point explaining that parking is
available to customers of businesses located on the
Dominant Tenement. No such signs inshall be in a size
in excess of 4 feet by 3 feet and each such sign shall
in any event conform to all local signage ordinances.
Although such parking will in fact be free, no sign
shall be placed on the Dominant Tenement stating that
such parking is free; but a sign on the Dominant Tene-
ment may state that parking is available on the Servi-
ent Tenement to customer of business located on the
Dominant Tenement.
6. ' Procedures. The owner in fee of the Servient Tene-
ment, at its own expense, shall establish commercially
reasonable procedures to assure that customers .of the
owner in fee of the Dominant Tenement and customers of
all tenants of the Dominant Tenement will have access
to free parking privileges as provided for herein.
7. Maintenance of Servient Tenement The Owner in fee of the
Servient Tenement shall maintain the parking lot per
City of Temecula standards using the same operations
and maintenance procedures and not less than the level
of care as the existing City of Temecula public parking
lot on Sixth Street in Old Town Temecula and in connec-
tion therewith, the owner in fee of the Servient Tene-
ment, at its own expense, shall maintain and keep the
Servient Tenement in good order and condition for park-
ing purposes with a hard-top surface pavement and prop-
erly striped, clean of all debris, ice, and snow. The
owner in fee of the Servient Tenement, at its own ex-
pense, shall maintain sufficient floodlights and other
means of illumination to illuminate the Servient Tene-
ment during all twilight and evening hours when commer-
cial activity is taking place on the Dominant Tenement
in accordance with all federal, state and local law and
in no event shall the illumination be less than the il-
lumination provided for in the public parking lot on
Sixth Street and Old Town Temecula. The owner in fee
of the Servient Tenement, at its own expense, shall re-
move all papers, debris, filth, and refuse from the
Servient Tenement on a regular basis so as to maintain
the parking lot surface in a neat, clean, and orderly
condition. The owner in fee of the Servient Tenement,
at its own expense, shall maintain the ground surfaces
of the Servient Tenement in a level , smooth, and evenly
covered condition (including without limiting the gen-
erality of the foregoing in full compliance with all
Federal and State statutes and local ordinances includ-
ing full compliance with ADA specifications and all
provisions of the American Disabilities Act) with high
quality and durable surfacing material . The owner in
fee of the Servient Tenement, at its own expense, shall
place, repair, and replace any necessary and appropri-
Page 3 of 12 total pages
r 208241
ate directional signs, markers, and lines and any arti-
ficial lighting facilities that are reasonably re-
quired.
8. Construction on Servient Tenement. All construction of
parking improvements by the Grantee or owner of the
Servient Tenement on the Servient Tenement and on the
Dominant Tenement shall be undertaken and completed
promptly and diligently in a manner so as not to unrea-
sonably impair the day to day business of the Grantor
or Tenants of the Dominant Tenement. In order to re-
duce the effects of construction within the parking ar-
eas on the business of the Grantor or Tenants of the
Dominant tenement, the Grantee agrees to: (1) prepare a
construction schedule and written plan to mitigate the
impact on Grantor and Tenants of the Dominant Tenement
during construction and provide a copy of the construc-
tion schedule and mitigation plan to the Grantor and
Tenants of the Dominant Tenement not less that fifteen
days prior to the commencement of construction; (2)
limit construction activities to Monday through Thurs-
day, with no construction activities on Fridays, Satur-
days or Sundays, except for emergency repairs; and (3)
fill trenches for lighting conduit or cover them with
steel plates so as to allow vehicle and pedestrian
travel over them if work is left uncompleted on a Fri-
day, Saturday or Sunday. In the event that construc-
tion on the parking areas will prevent the use of
twenty-four (24) or more spaces on a Friday, Saturday
or Sunday, then Grantee shall provide the owner of the
Dominant Tenement and the Tenants of the Dominant Tene-
ment and their respective visitors, invitees and cus-
tomers with the same number of commercially reasonable
alternative parking spaces in close proximity to the
Servient Tenement as may be made unavailable due to
construction. Grantee shall improve and maintain the
parking areas on the Dominant Tenement in the same man-
ner and quality as the improvements to the parking area
on the Servient Tenement at no expense to the owner of
the Dominant Tenement. All Drainage on the Dominant
Tenement and Servient Tenement shall drain away from
the improvements on the Dominant Tenement. Nothing
contained herein, however, shall be construed as obli-
gations the owner of the Dominant Tenement to continue
to use the existing parking areas on the Dominant Tene-
ment for parking purposes and in the event the owner of
the Dominant Tenement converts the existing parking
area thereon to a different use, all easement rights of
the owner of the Servient Tenement shall be automati-
cally extinguished.
9. Construction on Parcel 9. Buildings may be constructed
on Parcel 3 of the Servient Tenement for purposes other
than the management and administration of the Servient
Page 4 of 12 total pages `,, ,
r � i
208241
Tenement as. a parking lot. Any portion of Parcel 3 of
the Servient Tenement not improved with such a building
shall remain as a parking lot and shall be subject to
the provisions of this Agreement and to the parking
easement rights of the owner of the Dominant Tenement
its tenant and the customers of said owner and the
tenants of said owner.
10. Eastern Municioal Water District Lift Station. If the Eastern
Municipal water District Lift Station is relocated to a
new location and if the City of Temecula acquires the
Eastern Municipal water District Lift Station property,
the City of Temecula shall add additional public park-
ing within the Eastern Municipal Water District Lift
station area, which such public parking shall be avail-
able at no charge to the Owner of the Dominant Tenement
and to the tenants and customers and invitees of said
Owner or tenants as provided in this agreement. How-
ever, the City of Temecula is not required to acquire
the Eastern Municipal water District Lift station prop-
erty. If the City of Temecula does not acquire the
Eastern municipal Water District Lift Station property
and the Owner of the Dominant Tenement does, then the
City of Temecula will grant access and free parking
-rights to the Owner of the Dominant Tenement and to the
tenants and customers and invitees of the tenants of
the Dominant Tenement across Parcel 2 of the Servient
Tenement to the Eastern municipal Water District Lift
Station property.
14. Alignment of First Street Bridge when First Street is rea-
ligned along with the First Street Bridge project, the
City of Temecula will add additional public parking ad-
jacent to the new realignment of First Street as appro-
priate and all such public parking will be made avail-
able to the Owner of the Dominant Tenement and to the
tenants and customers and invitees of the tenants of
the Dominant Tenement free of charge as provided in
this Agreement.
12. Substitute Parking Re Parcel 2. Buildings may be con-
structed on Parcel 2 of the Servient Tenement for pur-
poses other than the management and administration of
the Servient Tenement as a parking lot under the fol-
following terms and conditions only:
a. The most south easterly portion of Parcel 2 of the
Servient Tenement fronting First Street and the
northerly 150 feet shall not be improved and no
buildings or structures of any kind whatsoever
shall be constructed thereon and said portion of
Parcel 2 of the Servient Tenement shall always re-
main a driveway for entering and exiting the Ser-
vient Tenement.
Page 5 of 12 total pages
b. If a building or structure to be constructed on
Parcel 2 of the Servient Tenement shall have the
effect of reducing the, number of parking spaces
thereon, the owner of the Servient Tenement shall
notify in writing the owner of the Dominant Tene-
ment at least one year prior to the proposed con-
struction and said notice shall be accompanied by
a set of plans clearly showing the number of park-
ing spaces that will be abandoned or eliminated by
reason of the proposed construction.
C. The owner of Parcel 2 of the Servient Tenement
shall under no circumstances be entitled to com-
mence construction until and unless it shall have
provided a number of parking spaces equal to the
number of parking spaces to be abandoned or elimi-
nated by reason of said construction and said sub-
stitute parking spaces shall in any event be lo-
cated within three hundred (700) feet from the
Dominant Tenement. All such substitute parking
spaces shall be contiguous and shall not be street
parking. Further such substitute parking spaces
shall not be located on the West Side of the
creek. Further, all such substitute parking
spaces shall be visible from Front Street and
shall be accessible from Front Street. The owner
of Parcel 2 of the Servient Tenement shall also
provide at its sole expense prominent signage
adadvertising that such parking is available and
is free.
d. All such substitute parking spaces shall be lo-
cated in a parking lot that shall consist of and
contain an improvement level equal to or better
than the parking area of Parcel 2 of the Servient
Tenement and shall have an asphalt surface, curb
and gutter and lighting of the same or greater
quality than on Parcel 2.
e. Without in any way limiting the generality of the
obligations of the owner of the Servient Tenement
as set forth herein, the parking lot in which the
substitute parking will be located will be main-
tained by the Owner of the Servient Tenement in
the same or better condition than said owner is
required to maintain the Servient Tenement.
f. Such new substitute parking spaces shall be com-
pleted and available for parking at least thirty
(70) days prior to the abandonment or elimination
of the parking spaces in Parcel 2 on the Servient
Tenement.
Q � J i
Page 6 of 12 total pages
} - ) 208241
g. Any construction of improvements on Parcel 2 of
the Servient Tenement shall be done in such a man-
ner so as not to unreasonably interfere with the
business operations occurring on the Dominant
Tenement.
h. The owner of the Dominant Tenement shall be al-
lowed to place signage on the Dominant Tenement
and on the Servient Tenement and on the parking
lot containing all substitute parking places noti-
fying customers of any business located on the
Dominant Tenement that parking is available in
said places for the benefit of said customers.
None of the signs shall be of a size in excess of
4 feet by 3 feet and all such signs shall conform
to local signage ordinances.
13. Special Events Permit. Subject to the applicable provi-
sions of the Temecula Municipal Cade; the owner of the
Dominant Tenement shall have the right to utilize up to
twenty five (25%) of the entire parking easement on an
exclusive basis for not more than two (2) special
events in any calendar year provided that said Owner:
(i) complies with the City of Temecula's procedures for
special event permits and pays the fees or charges that
are required, and (ii) provides the owner of the Servi-
ent Tenement with at least six (6) months prior written
notice of any such special event.
14. Right of First Refusal. Should the Owner of the Servient
Tenement decide to sell the Servient Tenement or any
portion thereof or the parking lot in which substitute '
parking is located or any portion thereof, the owner of
the Dominant Tenement shall first be given the opportu-
nity to purchase said real property for the price and
on the same terms as offered by any third party and the
Owner of the Dominant Tenement shall have sixty (60)
days in which to make its decision to purchase and no
sale to a third party shall be valid for any purpose
whatsoever unless there has been compliance with the
procedures set forth herein. If the Owner of the Domi-
nant Tenement does not exercise its right to purchase
said real property. under this right of first refusal ,
the owner of the Servient Tenement shall have the right
for a period of ninety (90) days only in which to com-
plete the sale of said realty to the third party pro-
vided however that there shall be no deviation from the
price, terms and conditions originally set forth. The
right of first refusal in the Owner of the Dominant
Tenement as set forth herein shall not be applicable if
the Grantee (i) sells the Servient Tenement to a third
party at a price below market value or with other in-
centives in a transaction tied to or directly connected
QyJj
Page 7 of 12 total pages
with a Redevelopment Agency agreement, or (ii) conveys
the property directly to the Redevelopment Agency.
15. Runs With the Land. All obligations of the Owner of
the Servient as set forth herein shall be binding upon
all successor owners of said real property. The obli-
gations of the Servient Tenement run with the real
property and in the event of a material breach of said
obligations, full title thereto shall revert to the
owner of the Dominant Tenement. Before title in fee
shall revert to the then owner in fee of the Dominant
Tenement as provided for herein, the owner in fee of
the Dominant Tenement or the duly appointed agent
thereof shall provide the owner in fee of the Servient
Tenement with notice of the violation giving rise to
the reversion and the owner in fee of the Servient
Tenement shall have thirty (30) days in which to cure
the default if it can be cured, and if not cured within
said thirty (30) day period, title in fee to the Servi-
ent Tenement shall automatic revert to the then owner
in fee of the Dominant Tenement.
16. No Diminution of Rights. Modifications to the improve-
ments on the Dominant Tenement, including the creation
of new structures, the destruction of old structures,
additions to existing and new structures, including but
not limited to improvements by either the owner of the
Dominant Tenement or the tenants of the Dominant Tene-
ment, special use improvements or alterations, remodel-
ing, multiple uses with multiple tenants, reconstruc-
tion of the improvements, including the existing build-
ing on the Dominant Tenement shall not impair the ease-
ment rights, as provided herein, of the owner of the
Dominant Tenement or the tenants of the Dominant Tene-
ment, or the visitors, invitees or customers of the
owner of the Dominant Tenement or the tenants of Domi-
nant Tenement.
17. Insurance. The owner in fee of the Servient Tene-
ment, at its own expense, shall at all times maintain
for the mutual benefit of City of Temecula and the
owner in fee of the Dominant Tenement and all tenants
of the Dominant Tenement, general public liability and
property damage insurance covering the entire Servient
Tenement indemnifying the owner in fee of the Dominant
Tenement and all tenants of the Dominant Tenement and
holding it harmless from any liability for personal in-
jury, death, or property damage arising on Servient
Tenement or out of the operations or activities on the
parking area except for the negligent or wrongful acts
or omissions of the owner of the Dominant Tenement or
Tenants of the Dominant Tenement with limits of five
million dollars ($5, 000, 000) for personal injury or
death and of One million dollars ($1,000, 000) for prop-
Page 6 of 12 total pages U 9 1 A
208241
erty damage, and upon request the Owner in fee of the
Servient Tenement shall furnish the Owner in fee of the
Dominant Tenement with certificates evidencing the ex-
istence of the required insurance. The owner or the
tenant or tenants of the Dominant Tenement shall pur-
chase and maintain the insurance with the same limits
covering the entire Dominant Tenement indemnifying the
owner in fee of the Servient Tenement and holding it
harmless from any liability for personal injury, death,
or proper damage arising on the Dominant Tenement or
out of operations or activities on the Dominant Tene-
ment except for the negligent or wrongful acts or omis-
sions of the owner of the Servient Tenement and upon
request the owner in fee of the Dominant Tenement will
furnish the owner in fee of the Servient Tenement with
a certificate evidencing the existence of the required
insurance. If the City of Temecula cannot obtain such
insurance at reasonable rates, it may self-insure.
This option to self-insure under the conditions set
forth herein shall be. applicable. to the City of Teme-
cula and the Redevelopment Agency only and not to any
other successor owners of the Servient Tenement. All
such successor owners, excepting only the Redevelopment
Agency under the conditions set forth above, of the
Servient Tenement shall provide for the insurance cov-
erage set forth herein.
18, Other Easements. The Grantor, on behalf of itself
and its successors and assigns as owners of the Domi-
nant Tenement,. and the tenants, . servants, visitors, in-
vitees, l'icensee's of the tenants of the Dominant tene-
ment, further reserves an easement for the ingress and
egress of vehicles and pedestrians from First Street
and Front Street over and across the Servient Tenement
to and from the Dominant Tenement. Subject to the pro-
visions of Section 8, the Grantor, on behalf of itself
and its successors and assigns as owners of the Domi-
nant Tenement hereby grants to Grantee, its successors
and assigns, an easement for public parking on the
parking areas of the Dominant Tenement, which parking
areas shall be improved and maintain by Grantee at its
sole expense in accordance with the same standards, and
subject to the same rights and obligations, as Grantee
will improve and maintain the Servient Tenement pursu-
ant to this Agreement
19. Acknowledgment of Approved Parking Requirements The City
of Temecula agrees and covenants that present usage of
the Dominant Tenement is in conformity and will be in
conformity with all zoning ordinances and use permits
presently or at any time in the future in existence and
that so long as the present or related usages continue
to exist, no action shall be taken by the City of Teme-
cula to place further restrictions upon the use of the
Page 9 of 12 total pages
1 208241
Dominant Tenement and in that respect the City of Teme-
cula agrees that the parking space on the Dominant
Tenement together with all parking rights in Parcel 2
and all substitute parking rights as more particularly
set forth here will be adequate and meet all city stan-
dards and city requirements for parking now or in the
future. The execution of the within instrument shall
in no way adversely affect the usage rights of the
owner of the Dominant Tenement and may not be used as. a
reason to place any restriction on future usages Ir-
respective of the uses of the Dominant Tenement, the
City of Temecula will not make any modifications to the
parking requirements for the Dominant Tenement, nor
shall it modify the building usage or occupancy re-
quirements for the Dominant Tenement. Without limiting
the generality of the foregoing, the City of Temecula
shall not now or at any time in the future require ad-
ditional parking or additional parking improvements in
respect of the Dominant Tenement irrespective of
whether the owner of the Dominant Tenement modifies any
portion of the existing building or replaces the exist-
ing building with an entirely different structure or
changes the use of any structure on the Dominant Tene-
ment. Further, it is understood and agreed that in the
event that the Dominant Tenement is used partially or
in whole for retail usage and/or any and all usages
provided for in the general plan (including zoning,
conditional use permits and/or special uses) , the owner
of the Dominant Tenement and the Dominant Tenement
shall be conclusively deemed to be in full compliance
with all parking 'requirements of the City of Temecula.
20. Property Taxes. The owner in fee of the Servient
Tenement shall and does hereby indemnify and hold the
Owner in fee of the Dominant Tenement and all tenants
of the Dominant Tenement safe and harmless from all
property taxes assessed upon the Servient Tenement. If
a possessory interest tax is assessed against the owner
of the Dominant Tenement with respect to the easement
interest in the Servient Tenement, the owner of the Do-
minant Tenement shall pay such tax. If a possessory
interest tax is assessed against the owner of the Ser-
vient Tenement with respect to its easement in the
Dominant Tenement, the owner of the Servient Tenement
shall pay such tax.
21. Amendment or Termination. The Easement provided for
herein may be amended or modified only upon a writing
duly approved and executed by all parties then holding
fee title to the Servient Tenement and the Dominant
Tenement and duly recorded in the Official Records of
Riverside County, California.
� 9J3
Page 10 of 12 total pages
208241
22. Execution of Other Instruments Deeds Etc The parties
hereto covenant for themselves and their respective
successors and assigns to execute such other instru-
ments, deeds, documents and writings as may be reasona-
bly and commercially necessary or desirable in order to
carry out the intentions of the parties as more par-
ticularly set forth herein.
23. Injunctive Relief. The Owner of the Dominant Tenement
and all tenants of the Dominant Tenement shall have the
authority and standing to enforce the covenants and ob-
ligations of the owner in fee of the Servient Tenement
as provided herein and in that respect the owner in fee
of the Dominant Tenement and the tenants of the Domi-
nant Tenement shall have the right, in addition to dam-
ages, to obtain appropriate injunctive relief to assure
that the owner in fee of the Servient Tenement complies
with the terms, provisions and covenants contained in
this instrument. Prior to the filing of a suit for
damages by the owner of the Dominant Tenement against
the owner of the Servient Tenement or by the owner of
the Servient Tenement against the owner of the Dominant
Tenement, written notice must be given to the alleged
violator or breaching party and the alleged breaching
party or violators shall have thirty (30) days in which
to cure or mitigate damage and no such suit shall be
filed until the expiration of said thirty (30) days.
No such written notice need be given if such a party
seeks equitable or injunctive relief.
24. Binding on Successors. The Easement and -all other
rights set forth herein shall inure to the benefit of
the successors and assigns in fee title interest of the
Dominant Tenement and Servient Tenement and to the ten-
ants of the Dominant Tenement Servient Tenement and
their respective visitors, invitees and customers and
shall inure to and pass with the conveyance of title to
each and every portion of the Dominant Tenement.
24. Attorneys' Fees. In the event suit is brought for the
interpretation or enforcement of this instrument, the
prevailing party shall be entitled to recover its rea-
sonable attorneys fees and costs.
25. Entire Agreement. This instrument supersedes any and
all other agreements, either oral or in writing, be-
tween the parties hereto with respect to the subject
matter hereof and contains all of the covenants and
agreements between the parties with respect to that
subject matter.
26. Effect of Waiver. The failure of the owner in fee of
the Dominant Tenement to insist on strict compliance
with any of the terms, covenants, or conditions of this
Page 11 of 12 total pages 0 � '�
' 208241
instrument shall not be deemed a waiver of that term,
covenant, or condition, nor shall any waiver or relin-
quishment of any right or power at any one time or
times be deemed a waiver or relinquishment of that
right or power for all or any other times.
IN WITNESS WHEREOF this Deed, Agreement and Reservation
and Creation of Easement has been executed on April
1999.
11Grantort$
FIRST & FRONT, a General Partner-
ship,
By: Temecula Investment Company,
Inc. , a California Corporation,
General Partner
By: �
Roq p�so , President
And by: Cleveland Investment Co. ,
Inc. , a California Corpora P.
General Partner
By:
Neil 'Cleveland,'-P ide t
'tGranteell
CITY OF TEM C
By:
ev For cr, Mayor
And ByASusa- Ja es, City Clark
APP S O F RM:
NOTARIAL ACKNOWLEDGMENTS
eter M.. horson,
City Attorney
CLEVETR STFRNTIEASEMENT4-14
0960
Page 12 of 12 total pages
208241
EXECUTION OF INSTRUMENT BY GENERAL PARTNERS
Execution of Agreement and Grant of Real Property
Subject to and Reserving Parking Easement ("Agreement &
Grant") by First and Front, A California General
Partnership, by Maurice L. Muehle and Scott L. Whitman,
partners thereof.
Maurice L. Muehle and Scott L. Whitman, and each of
them, general partners of First & Front, do hereby consent
to that transaction of First & Front described in the
Agreement & Grant heretofore executed by First & Front, as
grantor, and by City of Temecula, as grantee, and they, and
each of them, do hereby execute this instrument and by doing
so agree that the execution of this instrument by them, and
each of them, constitutes further execution of the foregoing
Agreement & Grant by the undersigned in their capacities as
general partners and that they, and each of them, do hereby
confirm and ratify the due execution of said instrument by
First & Front.
Executed this ! Uth day of May, 1999 at Los Angeles,
California.
aurice L. Muehle
Sc (tAL. Whitman
CLEVETRSTFRNTEXECUTION OF AGREEMENT SLW&MLM
208241
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
SS.
County of Riverside
On May 11, 1999—, before me, --Margie T. Cohee. Notary PLhlic
personally appeared Peter N. Thorson
N.J.)N s4MIS)
impersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose names) is/are
subscribed to the . within instrument and
MARGIE T.COiEE acknowledged to me that hetsheAl;ey executed
Cc-M'!S10n# 1167659 the same in his/hed1beir authorized
No-Cy PuC)JjC-CCI�fornio capacity(ies), and that by his/heFi4h it
Riverside County
@My Comm.Expires ion S.2Jpy signature(s)on the instrument the person(s),or
the entity upon behalf of which the person(s)
ti acted, executed the Instrument.
WITNESS my hand and official seal.
Z
PIMP NOINY S"Ab. U slg.11a..f navy P
OPTIONAL
Though the thibrmation below is not required by law,IT my prove valuable to persons
re"m on the document
and could prevent fraudulent removal and reattachment of this loan to another document
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual
Top of Il b hen,
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
C 1997 NO41MW NWMNAGO..aXOI•9368 0.SOD Ave..1X0 BOX 2AO2•Chatswonh.CA 91313-2402 Prod.No 5907 R.rd.,CON fo,-Free 1-SW878 27
' ) 1
208241
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 1
County of Riverside } as.
On May 11, 1999 , before me, Margie T. Cohee, Notary Public
Oat. Nun."au.d 75•9-"mra OO..Z pubbr) '
personally appeared Steven Ford & Susan ]ones
rea.war d siv")
fpersonaly known to me
J proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) Ware
subscribed to the within instrument and
MARGIE T.COHff acknowledged to me that hehhe/they executed
Commission if 1167659 the same in hW*l er/their authorized
6mrComm.a0mjan5 No*ory PUbdC_Culilornkr capacity(ies), and that by hWher/their
we,srde County signatures) on the instrument the person(s),or
•? the entity. upon behalf of which the person(s)
acted, executed the instrument.
1 WITNESS my hand and official seal. i
S �
PNw tbxirSW ADOr. "- 4� 4tLl G Hfla 1
OPTIONAL
LY - Though the infmmadon belew/s not ra9ubed by 6x1 if may prow valuable to persons relying on the d current �
h and Could prevent fraudulent removal and reattachment or this form fo another document
S
Description of Attached Document
Tide or Type of Document:
' Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capecity(les)Claimed by Signer
Signer's Name:
❑ Individual
Top a,mn„bn«e
❑ Corporate Officer—Tide(s):
❑ Partner—0Umfted ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer Is Representing:
L:iG �:=.�'e!'i.G.LLC..CC.=.:fA•c tu'C`�,-. vki Gi:'f.�.�=L ___. .N-�.c.....-., <.�, :Ct ._,.,-_•.hi,
O 1997 Na,.M Notary Ma .t.n•9350 f $ao Ave.,P 0,Bo,2.02•Cnais wnn,CA 91313.2402 `Pt W.No.5907 P.,d,,:Cass TO Frn.1000.0)0-602)
0363
209241
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
"'i'r�.t4r.C�'�'SrSri '•Y`.GY•LY'SS��;t�•.rr.;C.eC.,ri.''titS��1,r�ttS�...Yt;rC�'•Cr•�tC,S_.`M.rv`.r.`.;.•!^r_Mrr:a_��.:Cre.Si�'.
s
State of California
ss.
Colinry of
On ,/YI/!2r - /99 9—, before me, Ian_ 4 /1[CF.G1 ,yoray✓ tJ,.�, ,�
_.� Data gene
ON lit.0D 1e,9..'Jans Da. rory WOEI '
5 personally appeared Ls rz /I7- arc r an f C0/:E P /mil.
y Nemesia spmna) C7,�,11Ei5n,u,
personally known to me
u proved to me on the basis of satisfactory
evidence
'y n
to be the person(s) whose name(s) Ne
subscribed to the within instrument and
acknowledged tome that Wske a executed
LISA A.ALLEN the same in hisf eir authorized
LOW. Garruntslort )vZ72t capacily(ies), and that by bizfh.QOIEr
►b1aY per_Cotlar3lo .. signature(s) on the instrument the person(s),or '+
RWeddecourhly the entity, upon behalf of which the person(s)
WCahmF -' w Mcr4ZW acted, executed the instrument.
WITNES y hand/ and official seal.
Riau N9Wr Seel Aeo» � .�[ 'S
T-syui.•aeomrr reee
OPTIONAL
Though the inlamab'on below is not required by law•if may prove valuable to persons retying m the document
and could prevent fraudulent removal and reattachment of this torn to another document
p Description of Attached Document
t� Title or Type of Document:
Document Date: 7 Nu; er of Pages: �a
Signer(s) Other Than Named Above:Svcs scar; 5•r a.J Jt+ e3 + Pzrr.c A T ots,qM
s
Capaclty(ies) Claimed by Signer
Signer's Name: ^.
❑ Individual mom' Ii
ti
t ❑ Corporate Officer—Title(s): Top of INurnb here �
rJ rW Partner—❑Limited General .�
�) ❑ Attorney in Fact
;S ❑ Trustee
❑ Guardian or Conservator
G Other:
y
d Signer Is Representing:
iq
01997 National Nolary Aaeoolalam•93%DO Salo Ave..PO BOO 2402•Chalswonh.CA 913112402 PrW No 5391 Rpo l CM rulb Flee I-e0P9269e27
0 964
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 208241
�i
State of California
j County of Los Angeles
1
On may 10, 1999 before me, Laura Hua, Notary Public
ij bow n aM TJh d btkar 1&4.'Jbn boa.Ndary PUWJ
personally appeared Maurice L. Muehle and Scott L. Whitman
Na1Mla)d s4perlsl l
ID personally known to me–OR proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s)islare subscribed to the within instrument
and acknowledged to me that haWielthey executed the
same in hislAerltheir authorized capacity(ies),and that by
hisAw/their signature(s)on the instrument the person(s),
Ib41/11tlIt�C1�� or the entity upon behalf of which the person(s) acted,
IsAltp�r� executed the instrument.
�1 pM Cann BOYw Oa1411i!
WITNESS my hand and official seal.
Siemwle a Nwme Pdee
OPTIONAL
Though the Information below is nor required by few.it may prove valuable to persons relying on the document and could pnwent
fraudulent removal and reattadmenf or this form to another document.
Description of Attached Document
Title or Type of Document: brecution of Instrunent by General Parbiers
Document Date: May 10, 1999 Number of Pages: 1
Signer(s) Other Than Named Above: None
Capacity(fes) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer q Corporate Officer
Title($): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑General
• Attomey-in-Fact ❑ Attomey-in-Fact
• Trustee ❑ Trustee
❑ Guardian or Conservator a ❑ Guardian or Conservator
❑ Other: Too of thumb here ❑ Other: Top of thumb here
1
Signer Is Representing: Signer Is Representing:
p 1991 National Nolary Al9.p lion•8238 Pommel Ave.PD.Bo,7181-Canoga Pah CA 913092/8/ I Pr .140.5902 oepye[�Ga1 i96(d.(1.iMa28682;
208241
EXHIBIT"A"
LEGAL DESCRIPTION
PARCEL 2:
BEING LOTS 1, 2, 19 THROUGH 22, PORTIONS OF LOTS 3, 4, 5, 6, AND 18 OF
BLOCK 30 OF THE TOWN OF TEMECULA, AS SHOWN BY MAP ON FILE IN BOOK
15 PAGE(S) 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA,AS
ADJUSTED BY NOTICE OF LOT LINE ADJUSTMENT NUMBER PA93-0107
RECORDED AUGUST 26, 1993 AS INSTRUMENT NO.334292 AND DEEDS
RECORDED DECEMBER 16. 1995 AS INSTRUMENT NOS. 416438 AND 416439,ALL
OF OFFICIAL RECORDS OF RIVERSIDE COUNTY; CALIFORNIA; ALSO THAT
PORTION OF THE VACATED ALLEY RECORDED FEBRUARY 14, 1975,AS
INSTRUMENT NO. 18241, AND ALSO THAT PORTION OF SECOND STREET
VACATED, RECORDED NOVEMBER 9, 1993 AS INSTRUMENT NO. 447563,
EXCEPT THAT PORTION OF LOTS 1, 2, AND 6 AS GRANTED TO THE COUNTY OF
RIVERSIDE RECORDED FEBRUARY 24; 1988 AS INSTRUMENT NO. 47941 ALL OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF FRONT STREET AND
SECOND STREET AS SHOWN ON SAID MAP;
THENCE ALONG THE CENTERLINE OF SAID SECOND STREET SOUTH 440 30'
26"WEST 30.00 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF FRONT
STREET, SAID RIGHT OF WAY LINE ALSO BEING THE NORTHEASTERLY LINE OF
SAID VACATED SECOND STREET;
THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 45° 29 34' EAST 330.00 FEET
TO THE NORTHWESTERLY RIGHT OF WAY LINE OF FIRST STREET;
THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 440 30' 26' WEST 135.95
FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE SOUTH 440 30' 26'
WEST 19.05 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 100 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 02° 50' 04'AN ARC LENGTH OF 4.95 FEET;
THENCE LEAVING SAID RIGHT OF WAY LINE NORTH 450 29' 34" WEST 109.00
FEET;
THENCE SOUTH 440 30' 26"WEST 71.72 FEET;
THENCE SOUTH 45° 29' 34"EAST 90.93 FEET TO A POINT ON THE
NORTHWESTERLY RIGHT OF WAY LINE OF FIRST STREET PER DEED
RECORDED FEBRUARY 24, 1988 AS INSTRUMENT NO. 47941 OF OFFICIAL
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID POINT BEING ON A NON-
TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 50 FEET, A
RADIAL TO SAID POINT BEARS NORTH 300 01' 40" WEST;
THENCE SOUTHERLY ALONG SAID RIGHT OF WAY LINE AND SAID CURVE
THROUGH A CENTRAL ANGLE OF 680 35' 42" AND AN ARC LENGTH OF 59.86
FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF RIVER
STREET AS SHOWN ON SAID MAP;
09bb
208241
THENCE ALONG SAID RIGHT OF WAY LINE NORTH 45° 29' 34" WEST 305.12
FEET,
THENCE LEAVING SAID RIGHT OF WAY LINE NORTH 440 30' 26" EAST 118.00
FEET;
THENCE SOUTH 450 29' 34" EAST 181.00 FEET;
THENCE NORTH 440 30' 26' EAST 31.05 FEET;
THENCE SOUTH 450 29' 34' EAST 124.12 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL
BEING LOTS 1 THROUGH 8, OF BLOCK 29 OF THE TOWN OF TEMECULA, AS
SHOWN BY MAP ON FILE IN SOOK15 PAGE(S) 726, OF MAPS, RECORDS OF SAN
DIEGO COUNTY, CALIFORNIA, INCLUDING A PORTION OF THE VACATED ALLEY
RECORDED APRIL 23, 1979 AS INSTRUMENT NO. 80863,ALSO INCLUDING A
PORTION OF SECOND STREET VACATED, RECORDED NOVEMBER 9, 1993 AS
INSTRUMENT NO. 447563 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF FRONT STREET AND
SECOND STREET AS SHOWN ON SAID MAP;
THENCE ALONG SAID CENTERLINE OF SECOND STREET SOUTH 44° 30' 26"
WEST 30.00 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF FRONT
STREET, SAID RIGHT OF WAY LINE ALSO BEING THE NORTHEASTERLY LINE OF
SAID VACATED SECOND STREET;
THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 44° 30' 26" WEST
85.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 440 30' 26" WEST
55.83 FEET;
THENCE LEAVING SAID CENTERLINE SOUTH 590 55' 42" WEST 21.00 FEET;
THENCE SOUTH 30° 04' 18" EST 22.26 FEET;
THENCE SOUTH 45° 29' 34" EAST 9.00 FEET;
THENCE SOUTH 440 30' 26" WEST 118.00 FEET TO A POINT ON THE
NORTHEASTERLY RIGHT OF WAY LINE OF RIVER STREET AS SHOWN ON SAID
MAP;
THENCE.ALONG SAID RIGHT OF WAY LINE NORTH 450 29' 34' WEST 204.88
FEET TO AN INTERSECTION WITH THE CENTERLINE OF SAID VACATED ALLEY;
THENCE LEAVING SAID RIGHT OF WAY LINE AND ALONG THE CENTERLINE OF
SAID VACATED ALLEY NORTH 440 30' 26" EAST 200.00 FEET;
THENCE LEAVING SAID CENTERLINE SOUTH 450 29' 34" EAST 180.00 FEET TO
THE TRUE POINT OF BEGINNING.
09 11 1
lROR7 --
_
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hi
I ` � �. r �;
n ��:.•`- I 1 oC1 \\\ \ , \.1\ i t I I, \• o I Rhx&"!
l., S W _
ji
...�� t.: ....._ •_•—_ - f-: ' /f T.- l . ._ ... _ 1. I.
-1 iA I T PARCEL 3 i �-• - - '--•--- ---- ' �,.;� . r
F ' - I PARCEL 2 ,.. 1111 11.11
I, ,� , , _.._. �7
j � I�I�Oil- w � _�
-� �\',I '.l� I �,�• 1"1.11 �M1.1411�t. ..IIJ � � W 1
�-` •• '--- �•_ ��-�_R/i'fR���'!R£ff�-fNCRR!!l,(-�CRTF.fJ -- ._..�:.-.�c�-...
A y
TENTATIVE TRACT NAP 2TT46
TW FU*ua
SITE ELAN / GRADING PLAN ,� — on.�(�1\ - a %����`���, yP�
�flli9"CCtY u +•r
1 208241
EXHIBIT "B"
LEGAL DESCRIPTION
Parcel 1 of Waived Parcel Map 27746
Being Lots 7 through 17, and a portion of Lots 5, 6, and 18 of Block 30 of the Town of
Temecula, as shown by map on file in Book 15 of Maps, page 726, in the office of the
San Diego County Recorder, State of California, as adjusted by Notice of Lot. Line
Adjustment Number PA93-0107 recorded August 28, 1993 'as Insf. no. 334292 and
deeds recorded December 15, 1995 as inst nos. 416438 and 416439, Riverside County
records, together with that portion of Front Street vacated per inst. no. 46491 recorded
April 23, 1975, also that portion of the vacated alley per inst.' no. 18241 recorded
February 14, 1975, and also that portion of Second Street vacated per inst. no. 447563
recorded November 9, 1993, in the office of the Riverside County Recorder,. described
as follows:
Commencing at the centerline intersection of Front Street and Second Street as shown
on said map;
Thence along the centerline of said Second Street South 440 30'26" West 30.00 feet to
the intersection with the southwesterly right of way line of said Front Street, said right of
way line also being the northeasterly line of said vacated Second Street, also being the
True Point of Beginning;
Thence along said southwesterly right of way line of Front Street South 45 029'34" East
330.00 feet to the northwesterly right of way line of First Street;
Thence along said right of way line of First Street South 44°30'26"West 135:95 feet;
Thence leaving said right of way line North 45°2914'West 124.12 feet;
Thence South 44°30'26"West 31.05 feet;
Thence North 45°39'34"West 190.00 feet;
Thence North 30°04'18"West 22.26 feet;
Thence North 59°5542" East 21.00 feet to a point of intersection with the centerline of
said vacated Second Street;
Thence along said centerline North 44 030'26" East 140.83 feet to the True Point of
Beginning.
• 0963
208241
OTHER EASEMENTS
That portion of Parcel 1 of Waived Parcel Map 27746, as described in Certificate of
Compliance PA96-0011, recorded August 22, 1996 as instrument number 317123, in the
office of the County Recorder, County of Riverside, State of California, described as
follows:
Beginning at the most southerly corner of Parcel l;
Thence along the southeasterly lime of Parcel 1 North 44 030'26"East 15.00 feet;
Thence leaving said line North 45029'34"West 136.12 feet;
Thence South 44°30'26"West 38.50 feet;
Thence South 45029'34"East 12.00 feet to a point on the southwesterly line of said
Parcel 1;
Thence along said line North 44°30'26"East 23.50 feet;
Thence South 45°29'34"East 124.12 feet to the Point of Beginning.
The above described parcel of land contains 0.053 acs. (2,324 s.f),more or less.
See Exhibit'B" attached hereto and by this reference made a part hereof.
%OFF.S9�pq,
Lan
R arkham,RCE 30657
E3�0. 3-31-00 x No.30657 i s
Exp.3/31/00
�r�9�,, CN14 CrP
QF GAUP'f.
09 ,' ,�
• 1
208241
OTHER EASEMENTS
F¢OA/T STREET
WAIVED P-I4 27746
CERi OF COMP. P496-Q71r p�
lAW. N0.3171739 842-96
P4 MEG I Nom°?9'94•W
9G-12 -
844'30'QG"W 38.50' Ndd'30'24"E IS-DO'
124.if DOtvT OF
S4s•Y9 f4"E /2-00' S45'[9'34"E� � 8E6lNNlN6-
PARCEL 3 MRCEL 2 9J
RIVER STREET ( MURRIETA CREEK)
s�
9�
htrQ' �P. Af.gA 'yC
Exp.3i31/00
C.rvtx-
r
/
tORqV P. M4RKR4M, eCE 30667
¢E . EXP. 3-91-00
A911
208241
OTHER EASEMENTS
That portion of Parcel 2 of Waived Parcel Map 27746, as described in Certificate of
Compliance PA96-0011, recorded August 22, 1996 as instrument number 317123, in the
office of the County Recorder,County of Riverside, State of California; described as
follows:
Beginning at the most easterly comer of said Parcel 2;
Thence North 45 029'34" West 124.12 feet along the northeasterly line of said Parcel 2;
Thence South 44°30'26"West 23.50 feet;
Thence leaving said line South 45029'34"East 12.00 feet;
Thence North 44 030'26"East 8.50 feet;
Thence South 45°29'34"East 112.12 feet to a point on the southeasterly line of said
Parcel 2;
Thence North 44 030'26" East 15.00 feet along said line to the Point of Beginning.
The above described parcel of land contains 0.045 acs. (1,964 s.f.); more or less.
See Exhibit "E)" attached hereto and by this reference made a part hereof.
P�U p1lOFESSb�
Mark am, RCE 30657 00.30857
eg , xp. 3-31-00.
°F'C.nur°
1 -
\
208241
OTHER EASEMENTS
FRONT 3TREET
—�- --- wa►vEP pM znar,
G6¢T. OF COMP. PAs-0011
INST: N0.
PARCEL ! PalNT OF
NQS°T9'Jq"W BE6/NNlN&
901JOT&W 23.50 N44°d0'WE
PaQCE! 3 sasool,w•E 17.00' ti40,1 sas°e9.v„
gsoz6„ L
.s'0, F
PQR= 2 1,
CO
of
RIVER STREET (MVRRIETA CREEK)
/e
pnOFeSg�'\.
4. 1 R. All :•i
No.3065 7 1M
Exp.3,'31 !C+0 x
CIVIL
OF
IA RR. R. MAQKHAM, Vi 3OW 0973
KE EXP 3-31-00
20824]
CM.OF TEMECULA
Office of the City Clerk
43200 Business Park Drive
P.O. Box 9033
Temecula, CA 92589-9033
ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the attached Agreement and Giant of
Real Property Subject to and Reserving Parking Easement was approved by the City of Temecula
pursuant to that certain document entitled Agreement and Grant of Real Property Subject to and
Reserving Parking Easement dated May 6, 1999 was accepted by order of the City of Temecula
made on April 20, 1999, and the grantee consents to the recordation thereof by its duly authorized
officer.
Date Susan Jo es, CMC
ler
R:MU3IM--0JWonCfTtFL 5/12Mjrm
49 f1
I `2
PHASING SCHEDULE
Phase I Improvements:
1. (N) AREA "A"/"D" EXTERIOR ENTRANCE AT EAST ELEVATION AND (N)
ENTRY DOOR, INTERIOR QUEUE STAIRWELL WITH MEZZANINE ENTRANCE
2. ESTABLISH 2-HOUR RATED WALL BETWEEN STAMPEDE (AREA A) AND
NORTHERN SPACE (AREA B)
3. FACADE IMPROVEMENTS ALONG EXTENTS OF PHASE I AREA AT OLD
TOWN FRONT STREET
4. HANDICAP AND FIRE ACCESS ON WEST SIDE FROM (N) ADDITION OF BULL
AREA TO(N)TRASH ENCLOSURE
5. STREET IMPROVEMENTS OF GUTTER, SIDEWALK AND TREES ALONG
EXTENTS OF PHASE I AREA "A" AT OLD TOWN FRONT STREET
6. (N) SIGNAGE FOR TENANT(S)
7. (N) FIRE RISER ROOM/FACP AT NORTHWEST CORNER OF AREA "B"
Phase II Improvements:
I. AREA "B": NORTHERN FACADE IMPROVEMENTS TO INCLUDE (N) WINDOW
TREATMENTS, (N) ENTRANCE, PATIO AND BACK OF HOUSE IN AREA "B"
2. IMPROVE PORTION OF CURB, GUTTER, SIDEWALK AND TREES ALONG
SECOND STREET UP TO WESTERN EDGE OF AREA "B"/ EAST EDGE OF AREA
"E"(PHASE V)
3. CREATE EASEMENT IN FAVOR OF RCWD FOR(E) UTILITIES. VACATE
EASEMENT OF PUBLIC UTILITIES FROM VACATED 2ND STREET ON
SUBJECT PARCEL(SOUTHERN PORTION)
4. GRANT 12 FT. EASEMENT TO CITY FROM THE WESTERLY TERMINUS OF
EASEMENT NO. 4 ON APPLICANT'S NORTHERLY PROPERTY BOUNDARY ON
SUBJECT PARCEL TO NORTHWEST PROPERTY CORNER.
5. (N) SIGNAGE FOR TENANT(S)
Phase III Improvements:
1. CITY TO GRANT ENCROACHMENT PERMIT TO APPLICANT FOR
INSTALLATION OF SIDEWALK ALONG SOUTHERN PROPERTY LINE
2. STREET IMPROVEMENTS ALONG EXTENTS OF PHASE III AREA "C" AT OLD
TOWN FRONT STREET
3. SOUTHERN AND EASTERN FACADE IMPROVEMENTS OF PHASE III ALONG
AREA "C" EXTENTS TO INCLUDE (N) WINDOW TREATMENTS AND (N)
ENTRANCES
4. (N) SIGNAGE FOR TENANT(S)
5. (N) WESTERN EXTERIOR PATH OF TRAVEL FROM SOUTHWEST CORNER TO
NORTHWEST CORNER ALONG EXTENTS OF AREA "C"
Phase IV Improvements:
1. AREA "D": MEZZANINE TI FOR POSSIBLE SEPARATION FROM STAMPEDE
BASED UPON FUTURE TENANT NEEDS
2. (N) SIGNAGE FOR TENANT(S)
Phase V Improvements
I. AREA "E": NEW WESTERN BUILDING WITH GARDEN/PATIO/COURTYARD
(FENCING)
2. COMPLETE CURB, GUTTER, SIDEWALK AND TREES ALONG
NORTHWESTERN PROPERTY BOUNDARY
3. REMOVE (E) PARKING LOT TREES AND LIGHTING ALONG WESTERN
FACADE (BY OTHERS)
4. (N) SIGNAGE FOR TENANT(S)
STATEMENT OF OPERATIONS
Revised March 30, 2017 Exhibit for Modification Application for CUP
SECTION I. STATEMENT OF OPERATION
• The primary equipment used for the Stampede business model includes: Various forms
of media and sound equipment, a dance floor, a fully stocked bar, a mechanical bull;
• Hours of operation shall be limited to between 11:00 am to last call at 1:30 a.m. and
close at 2:00 a.m., Sunday through Saturday. The permittee may be open during any
Old Town Street-wide function;
• Number of employees: 25-30, as of this writing;
• Proposed private security: 6 security hosts;
• Proposed number of attendees: approximately 100 to 999;
• Parking requirements detailed within Parking Agreement between Landowners and City
of Temecula;
• Music: DJ music, dance and dance instruction with occasional live act;
• Signage, lights etc. as per existing codes;
• No portable restrooms are required as building has adequate facilities;
• All ADA improvements will be provided by City on the adjacent parking area.
SECTION J. STATEMENT OF JUSTIFICATION
• The site is suitable and adequate for the proposed use as it has been of the same use for
over 20 years and has shown to qualify as such during that time, representing as the
anchor tenant in the Old Town section of the City;
• There will be no adverse traffic effect, again as stated above;
• There will be no adverse impact on the general welfare of person residing in the
community, again as stated above;
• The design is and will be compliant with the existing and proposed development within
the district and its surroundings.