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HomeMy WebLinkAbout041492 CC Agenda ~'~. AGENDA ,,= TEMECULA CITY COUNCIL ,~~ A REGULAR MEETING TEMECULA COMMUNITY CENTER -28816 PUJOL APRIL 14, 1992 - 7:00 PM STREE EXECUTIVE SESSION: 5:30 PM - Pursuant to GC Section 54956.9(a) Pulte Homes vs City of Temecula and 54956.9(b) & (c) to discuss potential litigation. Next in Order: Ordinance: No. 92-05 Resolution: No. 92-22 CALL TO ORDER: Mayor Patticia H. Birdsall presiding Invocation Pastor Sean Oliver, Rancho Christian Church Flag Salute Councilmember Parks ROLL CALL: Birdsall, Lindemans, Moore, Mu~oz, Parks PRESENTATIONS/ PROCLAMATIONS The Week of the Young Child Victims of Pornography Week- 1992 PUBLIC FORUM This is a portion of the City Council meeting unique to the City of Temecula. At the meeting held on the second Tuesday of each month, the City Council will devote a period of time (not to exceed 30 minutes) for the purpose of providing the public with an opportunity to discuss topics of interest with the Council. The members of the City Council will respond to questions and may give direction to City staff. The Council is prohibited, by the provisions of the Brown Act, from taking any official action on any matter which is not on the agenda. If you desire to speak on any matter which is not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. For all other agenda items a "Request to Speak" form must be filed with the City Clerk before the Council gets to that item. There is a five (5) minute time limit for individual speakers. 21,Oend~/0414112 04~B~2 NOTICE TO THI: PUBLIC All matters listed under Cqnsent 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 3 4 Standard Ordinance AdoDti,on 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 March 24, 1992. 2.2 Approve the minutes of March 25, 1992. 2.3 Approve the minutes of March 31, 1992. Resolution AoDrovina List (2f Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurers Reoort for Period Ending January 31. 1992 RECOMMENDATION: 4.1 Receive and file the City Treasurer's report as of January 31, 1992. 2/igendN041492 04~9~2 5 City Treasurers Report for :Period Endina February 29. 1992 RECOMMENDATION: 5.1 Receive and file the City Treasurer's report as of February 29, 1992. 7 8 Award of Contract for the Construction of Traffic Signals, Ramp Widening, Median Modifications. Lane Recqnfiguration. and Landscaping Improvements at the I- 15/Rancho California Road: Interchanae (Proiect No. PW 91-04) RECOMMENDATION: 6.1 Award a contract for construction of traffic signals, ramp widening, median modifications, lane reconfiguration, and landscaping improvements at the I-15/Rancho California Road Interchange (Project No. PW 91-04) to Oliver Brothers for $526,681.36, and authorize the Mayor and the City Clerk to sign said contract. 6.2 Appropriate $579,349.50 (bid amount plus 10% to allow for possible change orders) from the Development Impact Fee Fund to Capital Projects Fund and appropriate $579,350.00 to Capital Projects Account No. 021-165-622-44-5804 from Unreserved Fund Balance. Maraarita Road Assessment District Reimbursement of City Start-uo Costs RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN FINDINGS REGARDING CITY EXPENDITURES IN CONNECTION WITH ESTABLISHMENT OF MARGARITA ROAD ASSESSMENTS AS REQUIRED BY UNITED STATES DEPARTMENT OF THE TREASURY REGULATIONS (SECTION 1.103-18) Award of Contract - Senior Center Construction Documents RECOMMENDATION: 8.1 Award contract to W. Dean Davidson, A.I.A. and Associates to provide construction documents for the Senior Center Project. 2/Igendl/041492 3 O4/0g/~2 9 10 11 12 Resoh rtion OppOSing Reauirement to Perform Policing Duties of the State DePartment of Industrial Relations RECOMMENDATION: 9.1 Adopt a resdution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OPPOSING THE REQUIREMENT THAT LOCAL AGENCIES PERFORM THE POLICING DUTIES OF THE STATE DEPARTMENT OF INDUSTRIAL RELATIONS Purchase of Accounting SOftware RECOMMENDATION: 10.1 Approve the purchase of the Eden Systems Inc., accounting software. 10.2 Approve the transfer of $62,000 from the unreserved general fund balance. Award of Professional Sen(ices Contract to Leighton & Associates for Geotechnical Services on the Rancho California Road Benefit District Project (PW 91-03) RECOMMENDATION: 11.1 Award a Professional Services Contract in the amount of $7,293.00 to Leighton & Associates for gagtechnical services on the Rancho California Road Benefit District Project (No. PW 91-03), and authorize the Mayor and City Clerk to sign said Contract. 11.2 Appropriate $7,293.00 from the Development Impact Fee Fund to Capital Projects Fund and appropriate $7,293.00 to Capital Projects Account No. 021-165-605-44-5804. Award of Professional Services Contract to NBS/Lowrv for Land Survevinq Services on the Street and Sidewalk, Improvements at Various Schools Project (PW 92-01 ) RECOMMENDATION: 12.1 Award a Professional Services contract in the amount of $6,440.00 to NBS/Lowry for land surveying services on the Street and Sidewalk Improvements at Various Schools Project (PW 92-01 ), and authorize the Mayor and City Clerk to sign said Contract. 12.2 Appropriate $6,440.00 from the Measure "A" Fund to the Capital Projects Fund and appropriate $6,440.00 to Capital Projects Account No. 021-165-607-44-5804 from Unreserved Fund Balance. 2/egenda/041482 4 04/08/82 13 14 15 Award of Professional ~;ervices Contract to Law/Crandall, Incoroorated for Geotechnical Soils Testin~l Services on the Street and Sidewalk Imorovements at Various Schools Project (Project No, PW 92-01) RECOMMENDATION: 13.1 Award a Professional Services Contract in the amount of $4,400.00 to Law/Crandall, Incorporated for geotechnical soils testing services on the Street and Sidewalk Improvements at Various Schools Project (Project No. PW 92-01), and authorize the Mayor and City Clerk to sign said Contract. 13.2 Approve a transfer of $4,400.00 from the Measure "A" Fund to the Capital Projects Fund and appropriate $4,400.00 to Capital Projects Account No. 021-165-607-44-5804 from Unreserved Fund Balance. Two-Party Flood Control Agreement RECOMMENDATION: 14.1 Approve the attached two-party flood control agreement for construction of storm drain facilities between Rancho California Road and Long Valley Wash, and authorize the Mayor and the City Clerk to sign said Agreement. 14.2 Approve an advance of $9,000.00 from Development Impact Fund to the Capital Projects Fund and appropriate $9,000.00 to Capital Projects Account No. 021-165-605-44-5804 from Unreserved Fund Balance. Rancho California Road/I-15 Overoass (Proiect No. PW 91-04) Award of Construction Management Contract to NBS/Lowrv RECOMMENDATION: 15.1 Award a Construction Management Contract for an amount not-to- exceed $181,727.00 to NBS/Lowry for construction management and coordination with Caltrans on the Rancho California Road/I-15 over- crossing project (Project No. PW 91-04), and authorize the Mayor and City Clerk to sign said Contract. 15.2 Appropriate $181,727.00 from the Development Impact Fee Fund to the Capital Projects Fund and appropriate $181,727.00 to the Capital Project Account No. 021-165-622-44-5804 from Unreserved Fund Balance (monies to be reimbursed to the City by developers of the Margarita Village Specific Plan.) 21agendN041412 6 - 04/08/82 16 17 Professional Services Agreement with Robert Bein, William Frost and Associates for Desiqn of Interim Margarita Road from Solana Way to Winchester Road RECOMMENDATION: 16.1 Approve a PrOfessional Services Agreement for design services (interim width roadway) on the Margarita Road Extension with Robert Bein, Williiim Frost end Associates ("RBF") in the amount of 931,000.00, and authorize the Mayor and the City Clerk to sign said Agreement. 16.2 Approve a transfer of 931,000.00 from the Measure "A" Fund to the Capital Projects Fund and appropriate 931,000.00 to Capital Projects Account No. 021-165-607-44-5802 from Unreserved Fund Balance. Professional Services Agreement with Robert Bein, William Frost and Associates for Desion of Maroarita Road from Solana Wav to Winchester Road (Southern Portion) RECOMMENDATION: 17.1 Approve a Professional Services Agreement for design services (ultimate width and grade) on the Margarita Road extension with Robert Bein, William Frost and Associates ("RBF") in the amount of 944,200.00, and authorize the Mayor and the City Clerk to sign said Agreement. 17.2 Approve a transfer of 944,200.00 from the Measure "A" Fund to the Capital ProjeCts Fund and appropriate 944,200.00 to Capital Projects Account No. 021-165-607-44-5802 from Unreserved Fund Balance. 18 Release Faithful Performance Warranty and Subdivision Monumentation Bonds in Parcel MaD No. 23430 RECOMMENDATION: 18.1 Authorize the release of streets and drainage, and sewer and water systems Faithful Performance Warranty Bond and Subdivision Monumentation Bond in Parcel Map No. 23430; 18.2 Direct the City Clerk to process the release of the bonds. 19 AOOrOval Of Final Parcel MaD No. 26766 RECOMMENDATION: 19.1 Approve Parcel Map No. 26766, subject to the Conditions of Approval. 2/agenda/O41482 8 04/08/12 20 Purchase of Regulatory an(I Advanced Warnino Sions RECOMMENDATION: 20.1 Authorize Staff to purchase regulatory and advanced warning signs from Central City Signs as the lowest responsible bidder. 21 Pulte Home Coro. vs. Rivertide County Local Agency Formation Commission and City of Temecula - Aooroval of Settlement RECOMMENDATION: 21.1 Approve and authorize the City Attorney to execute the Stipulation for Entry of Judgment, which would settle the CEQA litigation brought by Pulte Home Corp. challenging the City's sphere of influence, subject to the approval of the City Manager and City Attorney as to the final form of the Stipulation. 22 Uodate on Temecula Valley Unified School District Efforts to Select Location for School Bus Facility (Continued from the meeting of 3/24/92) RECOMMENDATION: 22.1 Receive and file report. PUBLIC HEARINGS Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences d~livered to the City Clerk at, or prior to, the public hearing. 23 Change of Zone 5631 - Tentative Tract 25320 - Bedford Properties (Continued from the meeting of 3/10/92) RECOMMENDATION: 23.1 Continue Change of Zone No. 5631 and Vesting Tentative Tract Map No. 25320 to May 12, 1992. 21agenda/041482 7 04/08/82 24 25 26 Change of Zone No, 13 and Vesting Tentative Tract No. 26828, and consideration of the Riverside County Airport Land Use Commission's Determination RECOMMENDATION: 24.1 24.2 .Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING CHANGE OF ZONE NO. 13 CHANGING THE ZONE FROM R-R 2 112 TO R-1 ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF RITA WAY AND SERAPHINA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 914-260-039, 040,041,042, 043, 044, 045, AND 046 Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING TENTATIVE TRACT MAP NO. 26828 TO SUBDIVIDE 35.5 ACRES INTO 130 RESIDENTIAL LOTS. GENERAL LOCATION OF SAID MAP BEING THE NORTHWEST CORNER OF RITA WAY AND SERAPHINA ROAD Outdoor Disolav and Advertising Ordinance RECOMMENDATION: 25.1 Adopt an urgency ordinance entitled: ORDINANCE NO. 92- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA PERTAINING TO SIGN REGULATIONS AND ESTABLISHING REGULATIONS FOR THE USE OF OUTDOOR ADVERTISING DISPLAYS Ordinance Granting AoDroVal Authority for Subdivision and Land Use ADDliCati0n Decisions RECOMMENDATION: 26.1 Adopt an urgency ordinance entitled: ORDINANCE NO. 92- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING DECISION MAKING AUTHORITY FOR SUBDIVISION AND LAND USE APPLICATIONS 21~gendd041482 8 04/0~/92 COUNCIL BUSINESS 27 28 29 30 31 21~nda/041492 Evaluation of Temoorarv Street Closure of Avenida De La Reina at Corte Arroyo Vista/Corte Alhambra (Continued from the meeting of 1/28/92) RECOMMENDATION: 27.1 Consider the alternative proposal (time-limit closure) for Avenida de la Reina as formulated by the Ad Hoc Committee, and direct Staff to maintain the temporary closure until a permanent closure can be constructed. 28.1 Introduce an Ordinance entitled: ORDINANCE NO. 92- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY QF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE OF ZONE APPLICATION CONTAINED IN CHANGE OF ZONE NO. 18 CHANGING THE ZONE FROM R-A 2 112 (RESIDENTIAL AGRICULTURAL, 2-112 ACRE LOT SIZE MINIMUM) TO S-P (SPECIFIC PLAN) ON PROPERTY LOCATED ON THE SOUTHEAST CORNER OF MARGARITA ROAD AND DE PORTOLA ROAD Temoorarv Pavina of Parkina Lot at 6th Street and Front Street RECOMMENDATION: 29.1 Direct staff regarding its interest in the temporary paving of the vacant lot at 6th and Front Streets; and appropriate funds as necessary. Maintenance of Streets Nqt Within the Maintained Road System RECOMMENDATION: 30.1 Receive and provide staff direction. Consideration of Promotionpl OoDortunitv - Volvo World CuD Team Penning Committee (Requested by Mayor Birdsall) RECOMMENDATION: 31.1 Consider appropriating ~1,500 for City participation and promotion at the 1992 Volvo World Cup Team Penning Competition. Ordinance ADDrOving Chargie of 7one No. 18 - Specific Plan 219 RECOMMENDATION: 32 Temoorarv Political Sic3ns RECOMMENDATION: 32.1 Receive and file. 33 Resolution To Aoorove An Advance From The Rev01vinq Fund To the Temecula RedeveloDment Agencv RECOMMENDATION: 33.1 Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN ADVANCE FROM THE REVOLVING FUND TO THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA FOR ACQUISITION OF PROPERTY WEST OF DIAZ ROAD AND SOUTH OF CHERRY STREET CITY MANAGER REPORT CITY ATTORNEY REPORT CITY COUNCIL REPORTS ADJOURNMENT Next regular meeting: April 28, 1992, 7:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California 21agend,/041492 10 04/Oa/g2 TEMECULA COMMUNITY SERVICES DISTRICT MEETING - (To be held at 8:00) CALL TO ORDER: ROLL CALL: PUBLIC COMMENT: President Ronald J. Parks DIRECTORS: Birdsall, Lindemans, Moore, Parks, Mur~oz Anyone wishing to address the Board of Directors, should present a completed pink "Request to Speak" to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of March 24, 1992. Parks and Recreation Masl;er Ran RECOMMENDATION: 2.1 Receive and file report. 3 Status Reoort on Sports Park Imorovements RECOMMENDATION: 3.1 Receive and file report. GENERAL MANAGERS REPORT - Dixon DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next regular meeting April 28, 1992, 8:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California 21egenda,Q41492 11 O4/Ogl92 TE~ECU~ ~ ~EgEVELOP~ENT AS~NCY M~L~!'IN~ CALL TO ORDER: ROLL CALL: Chairperson J. Sol Mur~oz presiding AGENCY MEMBERS: Birdsall, Lindemans, Murtoz, Parks, Moore PUBLIC COMMENT: Anyone wishing to address the Agency, should present a completed pink 'Request to Speak" to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. AGENCY BUSINESS Minutes RECOMMENDATION: 1.1 Approve the minutes of March 24, 1992. 2 Appointments to Redevelo,i)ment Aoencv Old Town Advisory Committee RECOMMENDATION: 2.1 Select seven members to serve as members of the Redevelopment Old Town Advisory Committee. 3 Report on Redevelooment Aaencv Old Town Advisorv Committee Responsibilities RECOMMENDATION: 3.1 Receive and file report. 21egendN041412 12 04/08/82 4 Purchase of Drooertv -Weit of Diaz. South of Cherry Street RECOMMENDATION: 4.1 Authorize the opening of escrow on property west of Diaz Road and south of Cherry Street and authorize the purchase of 40 acres of property with a right of first refusal on an additional 17 acres. The total purchase price is $3,484,800 which is $2 per square foot; 4.2 Authorize the City Manager and City Attorney to handle and finalize the transaction and acquisition; 4.3 Appropriate $3,484,800 for RDA land acquisition; 4.4 Authorize an advance of $3,484,000 from the General Fund revolving fund which will be repaid from RDA bond proceeds. EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'S REPORTS ADJOURNMENT: Next regular meeting April 6, 1992, 8:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California 2/ageride/041492 13 04/08/92 ITEM APPROVAL CITY ATTORNEY~ FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Department of Public Works April 14, 1992 Award of Professional Services Contract to NBS/Lowry for Land Surveying Services on the Street and Sidewalk Improvements at Various Schools Project (PW92-01) PREPARED BY: Michael D. Wolff, Senior Public Works Inspector RECOMMENDATION: That the City Council: Award a Professional Services contract in the-amount of $6,440.00 to NBS/Lowry for land surveying services on the Street and Sidewalk Improvements at Various Schools Project (PW92-01), and authorize the Mayor and City Clerk to sign said Contract. Approve a transfer of $6,440.00 from the Measure "A" Fund to the Capital Projects Fund and appropriate $6,440.00 to Capital Projects Account No. 021-165-607-44- 5804 from Unreserved Fund Balance. DISCUSSION: In January, 1992, the Department of Public Works solicited qualifications from interested engineering firms to provide the City with land surveying services (construction staking) for various Capital Improvement Projects throughout the year of 1992. Eleven (11) firms responded to the Request for Qualifications No. 004, and the responses were evaluated by Public Works Staff. The top four firms were interviewed and ranked one through four (1 - 4). All four firms have the necessary qualifications to perform the desired construction staking for the projects. Thus, the one through four (1 - 4) ranking was necessary to establish a rotation basis for project award. The ranking is as follows: -1- pwOl\agdrpt\92~0414~pw92-Ol.ls 0408a 2. 3. 4. J.F. Davidson Associates, Inc.· NBS/Lowry Rick Engineering, Inc. Robert Bein, William Frost & Associates J.F. Davidson Associates, Inc. was awarded construction staking for Rancho California Road Benefit District Project (PW91-03, first project). Therefore, NBS/Lowry was selected for the Street and Sidewalk Improvements at Various Schools Project (PW92-01, second project). A contract with a defined scope of work and an hourly budget not to exceed $6,440.00 has been negotiated. FISCAL IMPACT: It is necessary to transfer $6,440.00 from the Measure "A" Fund to the Capital Projects Fund and appropriate $6,440.00 to Capital Projects Account No. 021-165-607-44-5804 from Unreserved Fund Balance. -2- pwOl%egdrpt%92%O414%pw92-Ol.ls 0408e AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this day of , 19 , between the City of Temecula, a munidpal corporation, hereinafter referred to as "C~" and NBS/Lowry, Incorporated, hereinafter referred to as 'Consultant'. e The parties hereto mutually agree as follows: SERVICES. Consultant shell perform the tasks set forth in Exhibit A attached her·to. Consultant shall complete the ~-_=ks according to the schedule set forth in Exhibit A. PERFORMANCF. Consultant shall at all times, faithfully, industrially and to the best of his ability, experience and talent, perform all tasks described her·in. PAYMENT. The City agrees to pay Consultant monthly, at the hourly rates set forth in Exhibit B attached her·to, based upon actual time spent on the above tasks. This amount will not exceed $6,440 for the total term of the Agreement unless additional payment is approved by the City Coundl; provided that the City Manager may approve additional payments not to exceed ten percent (10%) of the Agreement, but in no event more than $10,000.00. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice. SUSPF:NSION. TERMINATION OR ABANDONMENT OF AGREEMENT. The City may, at any time, suspend, terminate or abandon this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the COnsultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. W't, hin thirty-five (35) days after receiving an invoice from the Consultant, the City shall pay Consultant for work done through the date that work is to be ceased pursuant to this section. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. BRF~,CH OF CONTRACT. In the event that Consultant is in default for cause under the terms of this Agreement, the City. shall have no obligation or duty to continue compensating Consultant for any work performed after the date of -1- defaulL Default shall include not pedorming the ~:eks described heroin to the standard of care of the Industry. Failure by the Consultant to make progress in the performance of work hereunder, if such failure arises out of causes beyond his control, and without fault or negligence of the Consultant, shall not be considered adefaulL ifthe City Manager or his d~le;~te deeTnines that the ConsLdtant defaults in the performance of any of the terms or conditions of this Agreement, it shall serve the ConSultant with written notice of the defaulL The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory pedorrnance. In the event that the Consultant fails to cure its default within such period of tim, the City shall have the dght, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other rernedy to which it may be entitled at law, in equity or under this Agreement. TERM. This Agreernem shall commence on , 19 , and shall remain and continue in effect until ~-_eks described herein are completed, but in no evem later than ,19_.. Any disputes rogercling performance, default or other matters in dispute between .the City and the Consultant adsing out of this Agreernem or breech thereof, shall be resolved by arbitration. The arbitrator's derision shall be final. Consultant shall select an arbitrator from a list provided by the City of three retired judges of the Judidal Arbitration and Mediation Services, Inc. The arbitration hearing shall be conducted according to California Code of CMI Procedure Section 1280, ~sea. City and Consultant shall share the cost OWNFRSHIP OF DOCUMFNTS. Upon satisfactory completion of, or in the event. of termination, suspension or abandonment of this Agreement, all instruments of service, including original documents, designs, drawings and notes prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. INDEPENDENT CONTRACTOR. The Consultant is and shall at all times remain as to the City a wholly independent contractor. Neither the City nor any of its officers, employees or agents shall have control.over the conduct of the Consultant or any of the Consultent's officers, employees or agents, except as herein sat forth. The Consultant shall not at any time or in any manner represent that it or -2- 10. 11. 12, any of its ufficus, employees or agents ere in any manner officers, employees or No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except as provided in the Agreemere, City shall not pay salaries, wages, or other compensation to Consultant for performing amyiCes hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness adsing out of performing services hereunder. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. NOTICE. Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be served by certified mail, postage prepaid, ratum. receipt requested, addressed to the City Manager of the City of Temecule, located at 43174 Business Park Drive, Temecula, California 92590 and the Consultant at 40925 County Center Drive, Suite 120, Temecula, California 92591 unless and until different eddrasses may be furnished in writing by either party to the other. Notice shall be deemed to have been served seventy- two (72) hours after the same has been deposited in the United States Postal Services. This shall be valid and sufficient service of notice for all purposes. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the pdor written consent of the City. Upon termination. of this Agreement, Consultant's sole compensation shall be the value to the City of the services rendered. I IARII ITY INSURANCI:. The Consultant shall maintain insurance' acceptable to the City in full force an effect throughout the term of this contract, against claims for injudes to persons or damages to property which may adse from or in connection with the pedormance of the work hersunder by the Consultant, his agents, representatives, employees or subcontractors. Insurance is to be placed with insurer with a Bests' rating of no less than A:VII. The costs of such insurance shall be included in the Consultant's bid. The Consultant shall provide the following scope and limits of insurance: D$ Minirn~Jm Scooe of InEuranoe. ~ ~hall be at least as broad as: Insurance Services ~ form Number GL 0002 (Ed. 1/72) covedng number GL 0404 covering Broad Form Comprehensive General coverage ('occurrence" form C,G 0001). Insurance Services Office form no. CA 0(X)I (Ed. 1/78) covedng Automobile Uability, code 1 "any auto" and endorsement CA 0025. Workers' C, on~ insurance as required by Labor Code of the State of CalifOrnia an Employer's Uability insurance. 4. Errors and Omissions insurance. Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than: General Liability $1,000,000 combined single limit per occurrence for bodily injury and property damage. mobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Workers' C, ornpensmion and Empioyer's Uability: Worker's compensation as required by the Labor Code of the State of California and Employers Uability limits of $1,000,000 per accident. 4. Errors and Omissions Insurance. $1,000,000 per occurrence. Deductibies and $elf-lr-~sured Retentions. Any deductible in excess of $1 ,000 must be declared .to and approved by the City. Other Insurance Provisions. Insurance policies required by this contract sh&q contain or be endomed to contain the following provisions: All Policies. Each insurance policy required by this clause shall be endorsed tO state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' pdor writtan notice to the City via United States First Class Mall. Ce de ~ I.is!~lil~ end Aut~le !i~hil~ Coversges. The Ci~ of Temeculs, i1~ officers, officials, employees ~nd volunteers are to be covered es insureds es respect: liabilib7 arising ou~ of acliviUes performed 1~7 or on beh~ of the Consultam; product~ ~nd complelsd ol~erslions of ~ Consull~m~ premises owned, occupied or used b~ the Consull~nt~ or I~ owned, leesed, hired or borrowed by the Consurmnt. ~ coverage shall contain no special limittick~s on the scope of ~ afforded to the City, its officers, With regard to claims arising from the Consultant's performance of the work described in this contract, the Consultant's insurance coverage shall be primary insurance as respects the City of Ternscuba, its officers, officials, employs and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, the Consultant's insurance. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City, its officers, offdais, employees or volunteers. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Worker's Compensation and Employers Liability Coverage. The insurer shall agree to waive ail dghts of subrogation against the City of Temecula, its officers, offidals, employees and volumesrs for losses arising from work performed by the Consultant for the City. Verticalton Of Coverage. Contractor shall furnish the City with certificates of insurance affecting coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms provided by the City and are to be received and approved by the City before work commences. The City reserves the dght to require complete, certified copies of all required insurance policies, at any time. Consultant shall include all subconsultants as insureds under its polides or shall furnish separate certfficates for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 13. Any deductible or self-insured retentions must be declared to and approveci by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self insured retentions as respects. the City, its officers, offidals and employees; or the Consultant Shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. INDFMNIFICATInN. The Consultant agrees to indemnify and save harmless the City of Temecula, its officers, offrile, employees and volunteers from and against any and all claims, demands, losses, defense cost, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent performance under the terms of this Agreement, excepting only liability adsing out of the sole negligence of the City. 14. ENTIRE AGREEMENT. This Agreement and any documents or instrument attached hereto or referred to herein integrate all terms and conditions mentioned herein or inddental hereto supersede all negotiations and prior writing in respect to the subject matter hereof. In the event of conflict between the terms, conditions, or provisions of this Agreement and any such document or instrument, the terms and conditions of this Agreement shall prevail. EFFECTIVE DATE AND IEXECUTION: This Agreement shall be effective from and after the date is signed by the representatives of the City. This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. · By: ent Patricia H. Birdsall, Mayor · APPROVED AS TO FORM: Scott F. Field, City Attorney ATTEST: June S. Greek, City Clerk EXHIBIT 'A" CITY OF TEMECULA PROJECT NO. PW92-01 STREET AND SIDEWALK IMPROVEMENT AT VARIOUS SCHOOLS SCOPE OF WORK ROUGH GRADE * Paint sawcut lines and limits of A.C. pavement removals. Provide offset and/or slope stakes at 50-foot intervals for rough grading of Moraga and Margarita Roads. Set stakes at 100-foot intervals on cuff face, or right-of-way, with grade to top of curb for mlocation/adJuat to grade of power poles, fire hydrants, irTigation systems, etc. FINE GRADE * Provide offset stakes at 25-foot intervals for installation of concrate curb and gutter. * Stake center line of driveways. * Provide offsat stakes at 25-foot intervals for installation of A.C. dike. STORM DRAIN Provide offset stakes at 25-foot intervals for installation of 18-inch, 30-inch and 36-inch storm drain pipelines. Includes offsat stakes catch basin and headwall installation. Note: No time has been included for staking for additive bid or installation of sidewalks, handicap access ramps, signalization of striping. EXHIBIT "B" CITY OF TEMECULA PROJECT NO. PWg2-01 STREET AND SIDEWALK IMPROVEMENT AT VARIOUS SCHOOLS ROUGH GRADE Pdndpal Surveyor Survey Technician Survey Crew (2 Persons) TOTAL EST. HOURLY TOTAL EST. HOURS RATE DOLLARS 3 $ 95.00 $ 285.00 3 $45.00 $ 135.00 22 $130.00 $2.860.00 TOTAL FOR ROUGH GRADE $3,280.00 FINE GRADE Pdndpal Surveyor Survey Technician Survey Crew (2 Persons) 2 $ 95.00 2 $ 45.00 12 $130.00 TOTAL FOR FINE GRADE $ 90.00 $1.560.00 $1,840,00 STORM DRAIN Principal Surveyor Survey Technician Survey Crew (2 Persons) 2 $ 95.00 2 $ 45.00 8 $130.00 TOTAL FOR STORM DRAIN $ 190.00 $ 90.00 $1.040.00 $1,320.00 TOTAL ESTIMATED FEE Matt\PW92-01 .Snt ----,, AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this day of ,19 between the City of Ternecula, a munidpal corporation, hereinefter referred to as "C~"' and NB$/Lowry, Incorporated, hereinafter referred to as 'Consultant'. The parties hereto mutually agree as follows: SERVICES. Consultant shall perform the tasks set forth in Exhibit A attached hereto. Consultant shall complete the tasks according to the schedule set forth in Exhibit A. PERFORMANCE. Consultant shall at all times, faithfully, industrially and to the best of his ability, experience and talent, perform all tasks described herein. PAYMENT. The City agrees to pay Consultant monthly, at the hourly rates set forth in Exhibit B attached hereto, based upon actual time spent on the above tasks. This mount will not exceed $6,440 for the total term of the Agreement unless additional payment is approved by the City Council; provided that the City Manager may approve additional payments not to exceed ten percent (10%) of the Agreement, but in no event more than $10,000.00. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice. SUSPENSION. TERMINATION OR ABANDONMENT OF AGREEMENT. The City may, at any time, suspend, terminate or abandon this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Within thirty-five (35) days' after receiving an invoice from the Consultant, the City shall pay Consultant for work done through the date that work is to be ceased pursuant to this section. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. BREACH OF CONTRACT. In the event that Consultant is in default for cause under the terms of this Agreement, the City Shall have no obligation or duty to continue compensating Consultant for any work performed after the date of -1- default. Default shall include not performing the tasks described heroin to the standard of care of the Industry. Failure by the Consultant to make progress in the performance of work hereunder, if such failure arises out of causes beyond his control, and without fault or negligence of the Consultant, shall not be considered a default. If the City Manager or his delegate determines that the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall serve the Consult. ant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the dght, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. TERM. This Agreement shall commence on , 19 , and shall remain and continue in effect until tasks described herein are completed, but in no event later than ,19__. Any disputes regarding performance, default or other matters in dispute between the City and the Consultant adsing out of this Agreement or breech thereof, shall be resolved by arbitration. The arbitrator's decision shall be final. Consultant shall select an arbitrator from a list provided by the City of three retired judges of the Judicial Arbitration and Mediation Services, Inc. The arbitration hearing shall be conducted according to California Code of Civil Procedure Section 1280, et sea. City and Consultant shall share the cost of the arbitration equally. OWNFRSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of this Agreement, all instruments of service, including original documents, designs, drawings and notes prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. INDEPENDENT CONTRACTOR. The Consultant is and shall at all times remain as to the City a wholly independent contractor. Neither the City nor any of its officers, employees or agents shall have control over the conduct of the Consultant or any of the Consultant's officers, employees or agems, except as herain set forth. The Consultant shall not at any time or in any manner represent that it or -2- 10. 11. 12. any of its officers, employees or agents ere in any manner officers, employees or agents of the City. No employee benefmt shall be available to Consultant in connection with the performance of this Agreement. Except as provided in the Agreement, City shall'not pay salaries, wages, or other compensation to Consultant for performing services hemunder for City, City shall not be liable for compensation or indemnffication to Consultant for injury or sickness arising out of performing services hemunder. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the pedormance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The .City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section, NOTICE. Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be served by certified mail, pestage prepaid, return receipt requested, addresseS to the City Manager of the City of Temecula, located st 43174 Business Park Ddve, Temecula, California 92590 and the Consultant st 40925 County Center Drive, Suite 120, Temecula, California 92591 unless and until different addresses may be furnished in writing by either party to the other. Notice shall be deemed to have been served seventy- two (72) hours after the same has been deposited in the United States Postal Services. This shall be valid and suffident service of notice for all purposes. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be the value to the City of the services rendered. I IARILITY INSURANCF. The Consultant shall maintain insurance' acceptable to the City in full force an effect throughout the term of this contract, against claims for injudes to persons or damages to property which may arise from or in connection with the performance Of the work hemunder by the Consultant, his agems, representatives, employees or subcontractors. Insurance is to be placed with insurer with a Bests' rating of no less than A:VII. The costs of such insurance shall be included in the Consultant's bid. The Consultant shall provide the following scope and limits of insurance: -3- Minimum Scope of Insurance. Coverage shall be at least as broad as: ® Insurance Services Office form Number GL 0002 (Ed. 1/72) covering corm General Liabity and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or 'Insurance Services Office ~ General Liability coverage ('Occurrence' form C,G 0001 ). Insurance Services Office form no. CA 0001 (Ed. 1/78) covering Automobile Uability, code I "any auto" and endorsement CA 0025. Workers' Compensation insurance as required by Labor Code of the State of California an Employers Uability insurance. 4. Errors and Omissions insurance. Minimum Umits of Insurance. Contractor shall maintain limits of insurance no less than: General Uability $1,000,000 combined single limit per occurrence for bodily injury and property damage. Automobile Uability: $1,000,000 combined single limit per accident for bodily injury and property damage. Workers' Compensation and Employer's Uability: Worker's compensation as required by the Labor Code of the State of Calrfomia and Employers Uability limits of $1,00O,000 per accident. 4. Errors and Omissions Insurance. $1,000,000 per occurrence. Deductibles and Serf-Insured Retentions. Any deductible in excess of $1,0(X) mum be declared to and aiDproved by the City. Other Insurance Provisions. Insurance policies required by this contract shall contain or be endorsed to contain the following provisions: All Policies. Each insurance policy required by this clause shall be endorsed to mate that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice to the City via United States First Class Mail. General Liability and Automobile Liability Coveraaes. The City of Ternecula, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability adsing out of activities performed by or on behalf of the Consultant; products and completed oper~ons of the Consultant; premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no spedal limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. With regard to claims arising from the Consultant's performance of the work described in this corm'act, the Consultant's insurance coverage shall be pdmary insurance as respects the City of Ternecula, its officers, offida.s, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, the Consultant's insurance. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Worker's Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City of Temecula, its officers, offidals, employees and volunteers for losses arising from work performed by the Consultant for the City. Verification of Coverage. Contractor shall fumish the City with certificates of insurance effecting coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms provided by the City and are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall include all subconsultants as insureds under its policies or shall furnish separate certfficates for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Any deduCtibles or self-insured retentions must be declared to and approvecl by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self insured retentions as respects the City, its officers, offdais and employees; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 13. INDEMNIFICATION. The Consultant agrees to indemnify and save harmless the City of Temecula, its officers, offidais, employees and volunteers from and against any and all claims, demands, losses, defense cost, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property adsing out of Consultant's negligent performance under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 14. ENTIRE AGREEMENT. This Agreement and any documents or instrument attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto supersede all negotiations and prior writing in respect to the subject matter hereof. In the event of conflict between the terms, conditions, or provisions of this Agreement and any such doCument or instrument, the terms and conditions of this Agreement shall prevail. EFFECTIVE DATE AND ;EXECUTION: This Agreement shall be effective from and after the date is signed by the representatives of the City. This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above writtan. :yO..:~~~._._ CITY OF TEMECULA By: · as J. Stear PreSident Patdcla H. Birdsall, Mayor APPROVED AS TO FORM: Scott F. Field, City Attorney A'I'rEST: June S. Greek, City Clerk -6- EXHIBIT "A" CITY OF TEMECULA PROJECT NO. PW92-01 STREET AND SIDEWALK IMPROVEMENT AT VARIOUS SCHOOLS SCOPE OF WORK ROUGH GRADE Paint sawcut lines and limits of A.C. pavement removals. Provide offset and/or slope stakes at 50-foot intervals for rough grading of Moraga and Margarita Roads. Set stake at 100.foot intervals on curb face, or right-of-way, with grade to top of curb for relocation/adjust to grade of power poles, fire hydrants, irrigation systems, etc. FINE GRADE * Provide offset stakes at 25-foot intervals for installation of concrete curb and gutter. * Stake center line of driveways. * Provide offset stakes at 25-foot intervals for installation of A.C. dike. STORM DRAIN Provide offset stakes at 25-foot intervals for installation of 18-inch, 30-inch and 36-inch storm drain pipelines. Includes offset stakes catch basin and headwall installation. Note: No time has been included for staking for additive bid or installation of sidewalks, handicap access ramps, signalization of striping. EXHIBIT 'B" =CITY OF TEMECULA PROJECT NO. PW92..01 STREET AND SIDEWALK IMPROVEMENT AT VARIOUS SCHOOLS FEE ESTIMATE ROUGH GRADE Principal Surveyor Survey Technician Survey Crew (2 Persons) TOTAL EST. HOURLY TOTAL EST. HOURS RATE DOLLARS 3 $ 95.00 $ 285.00 3 $45.00 $ 135.00 22 $130.00 $2.860.00 TOTAL FOR ROUGH GRADE $3,280.00 FINE GRADE Principal Surveyor Survey Technician Survey Crew (2 Persons) 95.00 45.00 $13o.oo TOTAL FOR FINE GRADE $ 90.00 $1,560.00 $1,840.00 STORM DRAIN Principal Surveyor Survey Technidan Survey Crew (2 Persons) 2 $95.00 $ 190.00 2 $ 45.00 $ 9o.oo 8 $130.00 $1,040.00 TOTAL FOR STORM DRAIN $1,320.00 TOTAL ESTIMATED FEE $6,440.00 Matt\PW92-01 .Srv ~ ITEM 13 APPROVAT. CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Department of Public Works April 14, 1992 Award of Professional Services Contract to Law/Crandall, Incorporated for Geotechnical Soils Testing Services on the Street and Sidewalk Improvements at Various Schools Project (Project No. PW92-01) PREPARED BY: Michael D. Wolff, Senior Public Works Inspector RECOMMENDATION: That the City Council: Award a Professional Services Contract in the amount of $4,400.00 to Law/Crandall, Incorporated for geotechnical soils testing' services on the Street and Sidewalk Improvements at Various Schools Project (Project No. PW92-01 ), and authorize the Mayor and City Clerk to sign said ~ontract. Approve a transfer of $4,400.00 from the Measure "A" Fund to the Capital Projects Fund and appropriate $4,400.00 to Capital Projects Account No. 021-165-607-44- 5804 from Unreserved Fund Balance. DISCUSSION: In January, 1992, the Department of Public Works solicited qualifications from interested engineering firms to provide the City with geotechnical soils testing services for various Capital Improvement Projects throughout the year of 1992. Three firms responded to the Request for Qualifications No. 003, and the responses were evaluated by Public Works Staff. The three firms were interviewed and ranked one through three (1 - 3). All three firms have the necessary qualifications to perform the desired geotechnical testing services for the -1- pw01 ~egdrpt~,92~0414~p w92-01 .geo 0408a projects. Thus, the one through three (1 - 3) ranking was necessary to establish a rotation basis for project award. The ranking is as follows: Leighton and Associates Law/Cranda!l, Incorporated California Geo Tek, Incorporated Leighton and Associates was awarded the contract for geotechnical testing services for the Rancho California Road Benefit District Project (Project No. PW91-03, first project). Therefore, Law/Crandall, Incorporated was selected for the Street and Sidewalk Improvements at Various Schools Project (Project No. PW92-01, second project). A contract with a defined scope of work and an hourly budget not to exceed $4,400.00 has been negotiated. FISCAL IMPACT: It is necessary to transfer $4,400.00 from the Measure "A" Fund to the Capital Projects Fund and appropriate $4,400.00 to Capital Projects Account No. 021-165-607-44-5804 from Unreserved Fund Balance. -2- pwO1~egdrpt~92\0414~ow92-01.geo 0408a ITEM 14 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Department of Public Works April 14, 1992 Two-Party Flood Control Agreement PRE=ARED BY: Douglas M. Stewart, Deputy City Engineer RECOMMENDATION: That the City Council: Approve the attached two-party flood control agreement for construction of storm drain facilities between Rancho California Road and Long Valley Wash, and authorize the Mayor and the City Clerk to sign said Agreement· Approve an advance of $9,000.00 from Development Impact Fund to the Capital Projects Fund and appropriate $9,000.00 to 'Capital Projects Account No. 021-165- 605-44-5804 from Unreserved Fund Balance. BACKGROUND: Attached is an agreement between Riverside County Flood Control and Water Conservation District CFCD") and the City for construction of a 54" underground storm drain to carry storm flows from Rancho California Road into Long Valley Wash through TR-23307 (Club Valencia Apartments). This construction will be performed as part of Project No. PW91-03, the Rancho California Road Benefit District, awarded by City Council to Oliver Brothers on March 10, 1992. The agreement provides for the City to: A. Prepare plans and specifications for the project; B. Pay the FCD inspection costs of $5,800.00; -1- pwOl~gdrpt~92~414~egvly.sgt 040~a . / ~ ..c DE VIGNITY MAP NOT TO SCALE EXHIBIT A D, E, F, a. H, Pay FCD one-time maintenance costs of $3,200.00; Construct the project; Grant FCD the right to inspect, operate and maintain the project; Adjust all manhole grade rings to ultimate paving height; Convey easement to FCD; Provide FCD with a title report and title insurance in an amount not less than $25,000 guaranteeing clear title to easement; Accept ownership and maintenance of all inlets and connector pipes; and Provide FCD with final mylar plans. This agreement provides for the FCD to: A. Review and approve the plans; B. Inspect construction of the project; C. Accept ownership, responsibility, maintenance of operation, and maintenance of the project; and D. Furnish the City with final "as-built" plans for the project. This agreement is a standard agreement between the FCD and cities desiring to have the FCD own, operate, and maintain storm drain facilities constructed by the cities. FISCAL IMPACT: It is necessary to advance $9,000.00 from the Development Impact Fee Fund to the Capital Projects Fund and appropriate $9;000.00 from Unreserved Fund Balance to Capital Projects Account No. 021-165-605-44-5804. These funds are all reimbursable under the Margarita Village Development Reimbursement Agreement with the City. Attachment: Two-Party Flood Control Agreement -2- i~Ol~agd~t~92~O414~mgvly.~t 0408a S;-11 S1-19 CONSTRUCT CONCRETE COLLAR PER R.C.F.C. AND W.C.D. rID. # MIM 1 EA. 150.00 150.00 SI-20 SI-21 SI-22 SI-23 SD-1 SD-2 SD-3 SD--4 SO-5 CONSTRUCT CONCRETE COLLAR PER R.C.F,C, AND W,C,D, $TD, # 308 MODtFIED CONSTRUCT BROW DITCH PER DETAIL CONSTRUCT DOWN DRAIN PER DETAIL RELOCATE EXISTING WATER METER PER R.C.W.D. STD, # RC 377,42-.48 STORM DRAIN . !FURNISH AND INSTALL 54-1NCH RCP, D-1000 FURNISH AND INSTALL 41-INCH RCP, D-1100 FURNISH AND INSTALL 4S-INCH RCP, D-1000 FURNISH AND INSTALL 30-INCH RCP, D-1500 CONSTRUCT TRANSITION STRUCTURE NO, 3 4 F,.A, 1,000,00 4,000,00 1350 L,F, 10,00 13,500,00 75 LF, 12,00 I EA. 500,00 ~00,00 I ' 500 L.F, 130.00 65,000.00 128 LF, 117.00 14,976,00 279 LF. 227,00 63,333,00 520 LF. 85.00 44,200,50 1 ~ LF, 2,700,00 2,700,00 SN CONSTRUCT TRANSITION STRUCTURE NO, 6 I EA. S ,500.00 1,500.00 SD-7 CONSTRUCT MANHOLE NO, 1 ICONSTRUCT MANHOLE NO, 2 I EA, 3,300,00 3,300,00 2 EA, 3,300,00 6,500,00 SD-9 CONSTRUCT 21-FOOT CATCH BASIN WITH LOCAL I EA, 400,00 400,00 DEPRESSION SD-IO FURNISH AND INSTALL PRECAST CONCRETE FLARED END I EA, 500,00 500.00 SECTION, TYPE 'B' TSS-1 1 LS, 40,000,00 40,000,00 MODIFY EXISTING TRAFFIC SIGNAL AT RANCHO -. CALIFORNIA ROAD AT MORAGA ROAD AND MODIFY HIGHWAY LIGHTING TSS-2 ~R=_MOVE TRAFF1C STRIPES AND PAVEMENT MARKINGS 17387 LF. TSS-3 IREMOVE ROADSIDE SIGNS 11 EA, TSS-4 t~;LOCATE ROADSIDE SIGNS 3 [ EA. TSS-S 1FURNISH AND INSTALL ROADSIDE SIGNS 8 EA. TSN tFURNISH AND INSTALL THERMOPLASTIC TRAFFIC STRIPES 16190 1.50 26,050,50 50.00 100.00 300.00 250.00 2.000.50 1.50 25,335.50 TSS-7 FURNISH AND INSTALL THERMOPLASTIC PAVEMENT 850 S,F, MARKINGS JFURNISH AND INSTALL PAVEMENT MARKERS TSS-8 :2/~2/ ~i (~!'f 3.50 2,r/S.OO ESTIMATED COST + lo~ CONTINGENCY TOTAL ESTIMATED COST 4.00 ~ 1,872.00 1 MEMO TO FILE File No TIMF -/.~-,~ -- / ' T~ T~ 4 1/-/, ~, ?,~ / 2~ v~ R~'~ Pg,,f ~='//~./,,/ 'illdan Associates 1 3 4 6 9 10 11 ~2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AG~M~nqT The RIVERSIDE COUNTY FLOOD CONTROL ANDWATERCONSERVATION DISTRICT, hereinafter called "DISTRICT", and the CITY OF TEMECULA, hereinafter called "CITY", hereby agree as follows: ~RCTTAT.R A. CITY has budgeted for and plans to construct a portion of the Rancho California Storm Drain in the Temecula area of western Riverside County, hereinafter called "PROJECT", from DISTRICT'S existing Long Canyon Wash Channel facility, south to Rancho California Road, and easterly approximately 380 lineal feet, as shown in red on Exhibit "A" attached hereto and made a part hereof; and B. CITY desires DISTRICT to assume ownership and responsibility for the operation and maintenance of PROJECT. Therefore, DISTRICT must review and approve the plans and specifications and subsequently inspect the construction of PROJECT; and C. DISTRICT is willing to review and approve plans and specifications prepared by CIT.Y for PROJECT, and is willing to inspect the construction of PROJECT; and D. DISTRICT is willing to assume ownership and responsibility for the operation and maintenance of PROJECT, excluding PROJECT inlets and connector pipes within CITY rights of way, provided (i) CITY deposits with DISTRICT the amount specified herein to cover DISTRICT'S construction inspection costs for PROJECT, (ii) CITY pays*DISTRICT the amount as specified herein to cover DISTRICT'S operation and maintenance 1 Ronald .L Parks Mayor Patrlcla H. BIKISall Mayor Pro Tern Karel R Unclemarts CouncilmemOer Peg Moore CouncilmemOer J. Sal Mu~oz Councilmeml:er David R DIxon City Manager (7141 694.-198~ F,&3C (714) 694-1999 of Temecula 43174 Business Park Drive · Temecula, California 92590 DATE: TO FAX #: ATTENTION: FIRM NAME: ADDRESS/PHONE: NUMBER OF PAGES (Including cover): NAME OR DESCRIPTION OF DOCUMENT BEING SENT: CITY OF TEMECULA DEPT. OF PUBLIC WORKS 43174; Business Park Drive Temecula, CA 92590 PHONE: (714) 694-6411 OPERATOR: TIME SENT: NOTE: Please Deliver Immediately! Please call (714) 694-6411 if complications in receiving. THANK YOU! pwO2\forms%cover.fax 011592 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. At the time of recordation of the conveyancing document(s) set forth in Section 1.8., furnish DISTRICT with policies of title insurance, each in the amount of not less than twenty-five thousand dollars ($25,000.00) for each parcel to be conveyed to DISTRICT, guaranteeing DISTRICT'S interest in said property as being free and clear of all liens, encumbrances, assessments, easements, taxes and leases, and except those which, in the sole discretion of DISTRICT, are acceptable. 10. Accept ownership and responsibility for the operation and maintenance of PROJECT inlets and connector pipes within CITY rights of way, upon DISTRICT acceptance of PROJECT as being complete. 11. Furnish DISTRICT with the final mylar plans for PROJECT and assign their ownership to DISTRICT. SRCTTON TT DISTRICT shall: 1. Review and approve plans and specifications for PROJECT, prior to CITY advertising for PROJECT construction contract bids. 2. Inspect the construction of PROJECT. 3. Accept ownership and responsibility for the operation and maintenance of PROJECT, excluding inlets and connector pipes within CITY street rights of way, upon (i) DISTRICT acceptance of PROJECT construction as being complete, and (ii) acceptance by CITY of all necessary rights of way as deemed necessary by DISTRICT and CITY for the operation and maintenance of PROJECT. 1 4 5 6 7 8 9 10 11 12 15 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 costs for PRO~ECT, (iii) PRO~ECT is constructed in accordance with plans and specifications approved by DISTRICT, and (iv) C~m~ obtains and conveys all necessary rights of way for the operation and maintenance of PROJECT as set forth herein; and F. CITY is willing (i) to grant DISTRICT the right to operate and maintain PROJECT within CITY rights of way, and (ii) to accept responsibility for the operation and maintenance of PROJECT inlets and connector pipes within CITY rights of way. G. It is in the best interest of the public to proceed with construction of PROJECT at the earliest possible date. NOW, THEREFORE, the parties hereto mutually agree as follows: S~CTION T CITY shall: 1. Prepare plans and specifications for PROJECT in ~ accordance with DISTRICT and CITY standards, and submit the plans and specifications for DISTRICT review and approval prior to CITY advertising for PROJECT construction contract bids. 2. Pay DISTRICT, or cause to be paid, for DISTRICT'S costs in providing construction-inspection for PROJECT, an amount equal to three (3) percent of the estimated cost of construction of PROJECT facilities to be inspected, operated and maintained by DISTRICT as determined and approved by DISTRICT, prior to the start of construction. 3. Pay DISTRICT, or cause to be paid, upon execution of this agreement (Zone 7 Maintenance Trust Fund No. 732-64-950- 3211), the one time cash sum of $3,200.00, the agreed upon 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 28~ directly or indirectly by any of them. Such insurance shall name DISTRICT and the County of Riverside as additional insureds with respect to this agreement and the obligations of CITY hereunder. Such insurance shall provide for limits of not less than two million dollars ($2,000,000.00) per occurrence. b. Cause its insurance carrier(s) to furnish DISTRICT, with certificate(s) of insurance, showing that such insurance is in full force and effect, and that DISTRICT and the County of Riverside are named as additional insureds with respect to this agreement and the obligations of CITY hereunder. Further, said certificate(s) shall contain the covenant of the insurance carrier(s) that sixty (60) days written notice shall be given to DISTRICT prior to modification, cancellation or reduction in coverage of said insurance. A certification of legal self-insured status, either alone or in combination with a certification of other acceptable insurance coverage, which provides the types and amount of coverage required by this section, as determined and approved by DISTRICT, shall be considered as being in compliance herewith. 4. CITY and DISTRICT, knowingly and voluntarily, waive the provisions of Government Code Section 65913.8, relating to fees 6 1 4 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. Furnish CITY with final reproducible "as-built" mylar plans for all PROJECT facilities constructed within CITY rights~ of way, upon DISTRICT acceptance of PROJECT as being complete. RRCTTON TTT It is further mutually agreed: 1. All construction work involved with PROJECT shall be inspected by DISTRICT and shall not be deemed complete until approved and accepted as complete by DISTRICT. 2. DISTRiCT personnel will inspect all PROJECT construction work for quality control, and shall be responsible for all PROJECT quality control communication with the contractor, but shall provide all comments affecting cost or contractual relationships to CITY, who as the contract administrator shall be responsible for such official communication with the contractor during the construction of PROJECT. 3. CITY shall require its contractor, during the term of construction of PROJECT, ae Provide and maintain comprehensive liability insurance coverage which shall protect CITY from claim from damages for personal injury, including accidental and wrongful death, as well as from claims for property damage which may arise from CITY'S construction of PROJECT or the performance of its obligations hereunder, whether such construction or performance be by CITY, by its contractor or subcontractor, or by. anyone employed! 5 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 obligations hereunder undertaken or by the operations conducted by DISTRICT with regard to the construction, inspection, operation and maintenance of PROJECT located within CITY rights of way and CITY use of DISTRICT property or rights of way, save and except claims or litigation arising through the sole active negligence or sole willful misconduct of DISTRICT. Further, CITY shall defend, at its expense, including attorneys' fees, DISTRICT and the County of Riverside, their respective officers, agents, employees and independent contractors in any claim or legal action based upon such alleged acts or omissions and will make good to and reimburse DISTRICT and the County of Riverside for any expenditures, including reasonable attorneys' fees, DISTRICT and the County of Riverside may make by reason of such matters. 8. Any notices sent or required to be sent to either party shall be mailed to the following addresses: RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Post Office Box 1033 Riverside, CA 92502 CITY OF TEMECULA Post Office Box 3000 Temecula, CA 92589 9. This agreement.is the result of negotiations between the parties hereto, and the advice and assistance of their respective counsel. The fact that this agreement was prepared as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty or ambiguity in this agreement shall not be construed against DISTRICT because DISTRICT prepared this agreement in its final form. 8 1 3 4 5 6 8 9i 10 11 12 15 14 15 16 17 18 19 20 21 22 23 24 25 26 27~ and charges. Such waiver is accomplished with the understanding that DISTRICT is voluntarily undertaking the obligation to acce~c ownership and responsibility for the operation. and maintenance of PROJECT, and CITY is not required by DISTRICT to enter into this agreement. 5. DISTRICT' shall assume no responsibility whatsoever, for any surface drainage within the rights of way shown cross-hatched in blue on Exhibit!"B". 6. DISTRICT. shall indemnify and hold CITY, its officers, agents and employees free and harmless from any liability whatsoever, based or asserted upon any action or omission of DISTRICT, its officers, agents, employees and independent contractors of any kind or nature relating to or arising from the construction of PROJECT within its property or rights of way, save and except claims or litigation arising through the ~' negligence or willful misconduct of CITY or CITY use of DISTRICT property or rights of way. Further, DISTRICT shall defend, at its expense, including attorneys' fees, CITY, its officers, agents and employees in any claim or legal action based or asserted upon such acts or omissions. 7. CITY shall indemnify and hold DISTRICT and the County of Riverside, their respective officers, agents, employees and independent contractors free and harmless from any liability, claims, judgments or demands for property damage, bodily injury or death (CITY employees included) or any other element of damage of any kind or nature, arising directly or indirectly out of the 7 1 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 written, in connection therewith. This agreement may be changed or modified only upon the written consent of the parties hereto. // // 10 10. Any waiver by DISTRICT or by CITY of any breach by the other of any one or more of the terms of this agreement shall n~t be construed to be a waiver of any subsequent or other breach of 3 the same or of any other term hereof. Failure on the part of 4 DISTRICT or of CITY to require exact, full and complete compliance with any term of this agreement shall not be construed 6 as in any manner changing the terms hereof, or estopping DISTRICT, or CITY from enforcement hereof. 8 11. If any provision in this agreement (with the exception 9 of Section III.4.) is held by a court of competent jurisdiction 10 to be invalid, void, or unenforceable, the remaining provisions 11 will nevertheless continue in full force without being impaired 12 or invalidated in any way. Should it be held by a court or 13 14 competent jurisdiction that any portion of Section III.4. is 15 invalid, void or unenforceable, the provisions of Government C~e 65913.S(b) shall apply. In such event, the parties hereto 16 17 specifically find and determine that the maintenance and 18 operation fee authorized under the provisions of Government Code Section 65913.8 (b) shall be considered required through and 19 20 including the date of DeSember 31, 1998, and the duration of the 21 period for which such operation and maintenance fee is required is hereby extended through and including said date. 12. This agreement is intended by the parties hereto as a final expression of their understanding with respect to the 24 25 subject matter hereof and as complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior 26 and contemporaneous agreements and understandings, oral or 28 9 VICINITY MAP ~IOT TO SCALE EXHIBIT A 1 IN WITNESS WHEREOF, the parties hereto have executed this 3 agreement on (to be filled in by Clerk of the Board) 4 RECOMMENDED FOR APPROVAL: KENNETH L. EDWARDS 6 Chief Engineer 7 APPROVED AS TO FORM: 8 WILLI C. KATZENSTEIN 9 un o ns 10 D~puty 11 Dated ~"~' ~- 12 RIVERSIDE COUNTY FLOOD CONTROL aND WATn CONBnVATZON DIBTRICT By Chairman, Board of Supervisors ATTEST: GERALD A. MALONEY Clerk of the Board By Deputy (SEAL) 13 14 15 16 17 18 19 20 RECOMMENDED FOR APPROVAL: Dated APPROVED AS TO FORM: By ~ City Attorney CITY OF TEMECULA By Mayor ATTEST: By City Clerk (SEAL) 21 22 23 AGRMT640 JMB:seb:slj:pln 04/02/92 24 25 26 27 28 11 1 2 4 5 6 'F 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AG~~T The RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, hereinafter called "DISTRICT", and the CITY OF TEMECULA, hereinafter called "CITY", hereby agree as follows: ~CTTAra A. CITY has budgeted for and plans to construct a portion of the Rancho California Storm Drain in the Temecula area of western Riverside County, hereinafter called "PROJECT", from DISTRICT'S existing Long Canyon Wash Channel facility, south to Rancho California Road, and easterly approximately 380 lineal feet, as shown in red on Exhibit "A" attached hereto and made a part hereof; and B. CITY desires DISTRICT to assume ownership and responsibility for the operation and maintenance of PROJECT. Therefore, DISTRICT must review and approve the plans and specifications and subsequently inspect the construction of PROJECT; and C. DISTRICT is willing to review and approve plans and specifications prepared by CITY-.for PROJECT, and is willing to inspect the construction.of PROJECT; and D. DISTRICT is willing to assume ownership and responsibility for the operation and maintenance of PROJECT, excluding PROJECT inlets and connector pipes within CITY rights of way, provided (i) CITY deposits with DISTRICT the amount specified herein to cover DISTRICT'S construction inspection costs for PROJECT, (ii) CITY pays DISTRICT the amount as specified herein to cover DISTRICT'S operation and maintenance 1 EXHIBIT B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DISTRICT estimated cost for operation and maintenance of PROJECT through the year 1998. 4. Not permit any change to, or modification of, the plans and specifications for PROJECT, without the prior written permission and consent of DISTRICT. 5. Construct, or cause to be constructed, PROJECT, pursuant to a CITY administered public works contract, in accordance with plans and specifications approved by DISTRICT. 6. Grant DISTRICT, by execution of this agreement, the right to inspect, operate and maintain PROJECT within CITY rights of way as set forth herein. 7. Upon DISTRICT acceptance of PROJECT as being complete, accept sole responsibility for the adjustment of all PROJECT manhole rings and covers located within CITY streets and right of way, at no cost to DISTRICT, which must be performed at such time that the finished grade along and above the underground portions of PROJECT is improved, repaired, replaced or changed. 8. Upon completion of construction of PROJECT, and upon acceptance of all "on-site" street rights of way by CITY as deemed necessary by DISTRICT and CITY for the operation and maintenance of PROJECT, but prior to DISTRICT acceptance of PROJECT for operation and maintenance, convey or cause to be conveyed to DISTRICT, flood control easement(s), including ingress and egress, in a form approved by DISTRICT, for the rights of way shown in concept cross-hatched in blue on Exhibit "B", attached hereto and made a part hereof. 3 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 costs for PRO~ECT, (iii) PRO~ECT is constructed in accordance with plans and specifications approved by DISTRICT, and (iv) obtains and conveys all necessary rights of way for the operation and maintenance of PROJECT as set forth herein; and F. CITY is wi:lling (i) to grant DISTRICT the right to operate and maintain PROJECT within CITY rights of way, and to accept responsibility for the operation and maintenance of PROJECT inlets and connector pipes within CITY rights of way. G. It is in the best interest of the public to proceed with construction of' PROJECT at the earliest possible date. NOW, THEREFORE, the parties hereto mutually agree as follows: CITY shall: SRCTTON T 1. Prepare plans and specifications for PROJECT in ~ accordance with DISTRICT and CITY standards, and submit the plans and specifications for DISTRICT review and approval prior to CITY advertising for PROJECT construction contract bids. 2. Pay DISTRICT, or cause-to be paid, for DISTRICT'S costs in providing construction 'inspection for PROJECT, an amount equal to three (3) percent! of the estimated cost of construction of PROJECT facilities to be inspected, operated and maintained by DISTRICT as determined and approved by DISTRICT, prior to the start of construction. 3. Pay DISTRICT, or cause to be paid, upon execution of this agreement (Zone 7 Maintenance Trust Fund No. 732-64-950- 3211), the one time cash sum of $3,200.00, the agreed upon 2 1 4 8 9 10 ll 15 14 15 16 17 18 19 20 24 25 26 27 28 4. Furnish CITY with final reproducible "as-built" mylar plans for all PROJECT facilities constructed within CITY rights of way, upon DISTRICT acceptance of PROJECT as being complete. ~RCTTONTTT It is further mutually agreed: 1. All construction work involved with PROJECT shall be inspected by DISTRICT and shall not be deemed complete until approved and accepted as complete by DISTRICT. 2. DISTRICT personnel will inspect all PROJECT construction work for quality control, and shall be responsible for all PROJECT quality control communication with the contractor, but shall provide all comments affecting cost or contractual relationships to CITY, who as the contract administrator shall be responsible for such official communication with the contractor during the construction of PROJECT. 3. CITY shall require its contractor, during the term of construction of PROJECT, to: a. Provide and maintain comprehensive liability insurance coverage which shall protect CITY from claim from damages for personal injury, including accidental and wrongful death, as well as from claims for property damage which may arise from CITY'S construction of PROJECT or the performance of its obligations hereunder, whether such construction or performance be by CITY, by its contractor or subcontractor, or by anyone employed 5 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 25 24 25 26 27 28 9. At the time of recordation of the conveyancing document(s) set forth in Section 1.8., furnish DISTRICT with -~ policies of title insurance, each in the amount of not less than twenty-five thousand dollars ($25,000.00) for each parcel to be conveyed to DISTRICT, guaranteeing DISTRICT'S interest in said property as being free and clear of all liens, encumbrances, assessments, easements, taxes and leases, and except those which, in the sole discretion of DISTRICT, are acceptable. 10. Accept ownership and responsibility for the operation and maintenance of PROJECT inlets and connector pipes within CITY rights of way, upon !DISTRICT acceptance of PROJECT as being complete. 11. Furnish DISTRICT with the final mylar plans for PROJECT and assign their ownership to DISTRICT. MRCTTON TT ~ DISTRICT shall: 1. Review and approve plans and specifications for PROJECT, prior to CITY advertising for PROJECT construction contract bids. 2. Inspect the construction of PROJECT. 3. Accept ownership and responsibility for the operation and maintenance of PROJECT, excluding inlets and connector pipes within CITY street rights of way, upon (i) DISTRICT acceptance of PROJECT construction as being complete, and (ii) acceptance by CITY of all necessary rights of way as deemed necessary by DISTRICT and CITY for the operation and maintenance of PROJECT. 4 1 2 3 4 6 8 9i 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and charges. Such waiver is accomplished with the understanding that DISTRICT is voluntarily undertaking the obligation to accept ownership and responsibility for the operation and maintenance of PROJECT, and CITY is not required by DISTRICT to enter into this agreement. 5. DISTRICT shall assume no responsibility whatsoever, for any surface drainage within the rights of way shown cross-hatched in blue on Exhibit 6. DISTRICT shall indemnify and hold CITY, its officers, agents and employees free and harmless from any liability whatsoever, based or asserted upon any action or omission of DISTRICT, its officers, agents, employees and independent contractors of any kind or nature relating to or arising from the construction of PROJECT within its property or rights of way, save and except claims or litigation arising through the negligence or willful misconduct of CITY or CITY use of DISTRICT property or rights of way. Further, DISTRICT shall defend, at its expense, including attorneys' fees, CITY~' its officers, agents and employees in any claim or'legal action based or asserted upon such acts or omissions. 7. CITY shall indemnify and hold DISTRICT and the County of Riverside, their respective officers, agents, employees and independent contractors free and harmless from any liability, claims, judgments or demands for property damage, bodily injury or death (CITY employees included) or any other element of damage of any kind or nature, arising directly or indirectly out of the 7 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 directly or indirectly by any of them. Such insurance shall name DISTRICT and~he County of ~ Riverside as additional insurede with respect to this agreement and the obligations of CITY hereunder. Such insurance shall provide for limits of not less than two million dollars ($2,000,000.00) per occurrence. b. Cause its insurance carrier(s) to furnish DISTRICT, with certificate(s) of insurance, showing that such insurance is in full force and effect, and that DISTRICT and the County of Riverside are named as additional insureds with respect to this agreement and the obligations of CITY hereunder. Further, said certificate(s) shall contain the covenant of the insurance carrier(s) that sixty (60) days written notice shall be given to DISTRICT prior to modification, cancellation or reduction in coverage of said insurance. A certification of legal self-insured status, either alone or in combination with a certification of other acceptable insurance coverage, which provides the types and amount of coverage required by this section, as determined and approved by DISTRICT, shall be considered as being in compliance herewith. 4. CITY and DISTRICT, knowingly and voluntarily, waive the provisions of Government Code Section 65913.8, relating to fees 1 3 4 5 7 8 9i 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. .Any waiver by DISTRICT or by CITY of any breach by the other of any one or more of the terms of this agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term hereof. Failure on the part of DISTRICT or of CITY to require exact, full and complete compliance with any term of this agreement shall not be construed as in any manner changing the terms hereof, or estopping DISTRICT, or CITY from enforcement hereof. 11. If any provision in this agreement (with the exception of Section III.4.) is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. Should it be held by a court or competent jurisdiction that any portion of Section III.4. is invalid, void or unenforceable, the provisions of Government Code 65913.8(b) shall apply. In such event, the parties hereto specifically find and determine that the maintenance and operation fee authorized under the provisions of Government Code Section 65913.8 (b) shall be considered required through and including the date of December 31, 1998, and the duration of the period for which such operation and maintenance fee is required is hereby extended through and including said date. 12. This agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or 9 4 5 6 7 8 9 10 11 1Z 13 14 15 16 18 19 21 24 25 28 obligations hereunder undertaken or by the operations conducted by DISTRICT with regard to the construction, inspection, _` operation and maintenance of PROJECT located within CITY rights of way and CITY use' of DISTRICT property or rights of way, save and except claims or litigation arising through the sole active negligence or sole Willful misconduct of DISTRICT. Further, CITY shall defend, at its expense, including attorneys' fees, DISTRICT and the County of Riverside, their respective officers~ agents, employees and independent contractors in any claim or legal action based upon such alleged acts or omissions and will make good to and reimburse DISTRICT and the County of Riverside for any expenditures, including reasonable attorneys' fees, DISTRICT and the County of Riverside may make by reason of such matters. 8. Any notices sent or required to be sent to either par" shall be mailed to the following addresses: RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Post Office Box 1033 Riverside, CA 92502 CITY OF TEMECULA Post Office Box 3000 Temecula, CA 92589 9. This agreement is the result of negotiations between the parties hereto, and the advice and assistance of their respective counsel. The fact that this agreement was prepared as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty or ambiguity in this agreement shall not be construed against DISTRICT because DISTRICT prepared this agreement in its final form. 1 4 IN WITNESS WHEREOF, the parties hereto have executed this agreement on · (to be filled in by Clerk of the Board) RIVeaSIDE C~;MTY ~LOOD CONTROL RECOMMENDED FOR APPROVAL: aMDWXT~R~ONBIVa&TZON DZBTRICT 5 KENNETH L. EDWARDS 6 Chief Engineer 7 APPROVED AS TO FORM: 8 WILLI C. KATZENSTEIN un o ns 10 By 11 Dated ~--al- ~Z~ 12 By Chairman, Board of Supervisors ATTEST: GERALD A. MALONEY Clerk of the Board By Deputy (SEAL) 13 14 15 16 17 18 19 20 RECOMMENDED FOR APPROVAL: ity Engine~ Dated ~~Z APPROVED AS TO FORM: By -~~ ~ City Attorney CITY OF T~MaC~LA By Mayor ATTEST: By City Clerk (SEAL) 21 22 23 AGRMT640 JMB:seb:slj:pln 04/02/92 24 25 26 27 28 11 4 6 7 8 9 10 11 15 14 15 16 18 19 20 21 24 26 written, in connection therewith. This agreement may be changed or modified only upon the written consent of the parties hereto~ // // lO EXHIBIT B VICINITY M~P HOT TO SCALt EXHIBIT A ITEM 15 APPROVAL CITY ATTORNEY~ FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager /l/¢)~Department of Public Works April 14, 1992 Rancho California Road/I-15 Overpass (Project No. PW91-04) Award of Construction Management Contract to NBS/Lowry PREPARED BY: Douglas M. Stewart, Deputy City Engineer RECOMMENDATION: That the City Council: Award a Construction Management Contract for an amount not-to-exceed $181,727.00 to NBS/Lowry for construction management and coordination with Caltrans on the Rancho California Road/I-15 over-crossing project (Project No. PW91 - 04), and authorize the Mayor and City Clerk to sign said Contract. Approve an advance of $181,727.00 from the Development Impact Fee Fund to the Capital Projects Fund and appropriate $181,727.00 to the Capital Project Account No. 021-165-622-44-5804 from Unreserved Fund Balance (monies to be reimbursed to the City by developers of the Margarita Village Specific Plan.) BACKGROUND: On December 17, 1991, the City Council authorized the Department of Public Works to solicit bids for the construction of off-ramp widenings, traffic signals, median changes, and landscaping on the Rancho California Road/I-15 over-crossing. Public bids were opened on February 20, 1992. A Staff Report for the award of a contract for construction to the low bidder is being presented to the Council simultaneously. The Contract with NBS/Lowry is for construction management services for the project. These services entail the following: -1- pwOl~agdrpt~92~414~rfqOOS.awd 0408a AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this day of , 19 , between the City of Temecula, a municipal corporation, hereinafter referred to as "City" a. nd NBSILowry, hereinafter referred to as "Consultant"· The parties hereto mutually agree as follows: SERVICES. Consultant shall perform the tasks set forth in Exhibit "A" attached hereto. Consultant shall complete the tasks according to the schedule set forth in Exhibit "A". PERFORMANCE. Consultant shall at all times, faithfully, industrially and to the best of his ability, experience and talent, perform all tasks described herein. 0 PAYMENT. The City agrees to pay Consultant monthly, at the hourly rates set forth in Exhibit "B" attached hereto, based upon actual time spent on the above tasks. This amount will not exceed ~181,727.00 for the total term of the Agreement unless additional payment is approved by the City Council; provided that the City Manager may approve additional payments not to exceed ten percent (10%) of the Agreement, but in no event more than $10,000.00. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice. SUSPENSION, TERMINATION OR ABANDONMENT OF AGREEMENT. The City may, at any time, suspend, terminate or abandon this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Within thirty-five (35) days after receiving an invoice from the Consultant, the City shall pay Consultant for work done through the date that work is to be ceased pursuant to this section. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. BREACH OF CONTRACT. In the event that Consultant is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of 2/fonnVARG-(M Rev 1/'22/92 -1- lmmOl~91-O4~atstmgLagt Pre-construction coordination Contract administration/management Construction surveying Geotechnical and materials ,testing Project close-out Coordination with state and Federal agencies The proposed budget for these services is an amount not-to-exceed $181,727.00 based on time and materials. This budget iS based on a full 90-day construction schedule including overtime. It is expected that the effort required to complete the project may be significantly less. City Staff is recommending the use of a consultant to perform this work for the following reasons: A) During the same time period as this project is being constructed, the Public Works Department will also be constructing: 1. The Rancho California Road improvements east to Margarita (PW91-03); 2. The sidewalk/street widening projects at various schools (PW92-01); 3. The extension of Margarita Rd. south of Winchester Rd. to Solana Way; 4. The Ynez Corridor (CFD88-12) improvements; 5. Sixth Street improvements; 6. All private development inspections within the City. The Department of Public Works currently has two (2) full-time inspectors. Since this project is being constructed in State right-of-way, and partially with Federal funding, all applicable State and Federal contracting and construction reporting requirements must be adhered to. This will add significantly to the time and cost of performing this work over a standard City project. Caltrans has required a minimum of 50% time availability of the Resident Engineer on this project. Without the use of a consultant, the Deputy City Engineer will be required to perform this function. FISCAL IMPACT: The cost of the contract will be reimbursed to the City by developers of the Margarita Village Specific Plan. The funding for th~s work is included in the reimbursement ceiling in the Margarita Village Reimbursement Agreement and will be performed at no eventual cost to the City. It is necessary to advance $181,727.00 from the Development Impact Fee Fund to the Capital Projects Fund, and appropriate $181,727.00 to the Capital Project Account No. 021-165-622-44-5804 from Unreserved Fund Balance (monies to be reimbursed to the City by developers of the Margarita Village Specific Plan.) 10. 11. 12. any of its officers, employees .or agents are in any manner officers, employees or agents of the City. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness adsing out of parforming services hereunder. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. NOTICE. Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be served by certffied mail, postage prepaid, return receipt requested, addressed to the City Manager of the City of Temecula, located at 43174 Business Park Ddve, Temecula, California 92590 and the Consultant at 40925 County Center Drive, Suite 120, Temecula, California 92591 unless and until different addresses may be furnished in writing by either party to the other. Notice shall be deemed to have been served seventy- two (72) hours after the same has been deposited in the United States Postal Services. This shall be valid and sufficient service of notice for all purposes. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be the value to the City of the services rendered. LIABILITY INSURANCE. The Consultant shall maintain insurance acceptable to the City in full force an effect throughout the term of this contract, against claims for injudes to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, employees or subcontractors. Insurance is to be placed with insurer with a Bests' rating of no less than A:VII. The costs of such insurance shall be included in the ConSultant's bid. The Consultant shall provide the following scope and limits of insurance: -3- m default. Default shall include not performing the tasks describef:! herein to the standard of care of the Industry. Failure by the Consultant to make progress in the performance of work hereunder, if such failure arises out of causes beyond his control, and without fault or neg~gence of the Consultant, shall not be considered a default. ,. If the C, ity Manager or his delegate determines that the Consultant defaults in the performanCe of any of the terms or conditions of this Agreement, it shall serve the COnsultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails tO cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. TERM. This Agreement shall commence on , 19 , and shall remain and continue in effect until tasks described herein are completed, but in no event later than ,19__. Any disputes regarding performan.ce, default or other matters in dispute between the Cityland the Consultant arising out of this Agreement or breech thereof, shall be:resolved by arbitration. The arbitrator's decision shall be final. Consultant shall select an arbitrator from a list provided by the City of three retired judges of the Judicial Arbitration and Mediation Services, Inc. The arbitration hearing shall be conducted according to California Code of Civil Procedure Section 1280, et sea. City and Consultant shall share the cost of the arbitration equally. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of this Agreement, all instruments of service, including original documents, designs, drawings and notes prepared in the course of providing the, services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. INDEPENDENT CONTRACTOR. The Consultant is and shall at all times remain as to the City a wholly independent contractor. Neither the City nor any of its officers, employees or agents shall have control over the conduct of the Consultant or any of the Consultant's officers, employees or agents, except as herein set forth. The Consultant shall not at any time or in any manner represent that it or -2- be Ce de . General Uabi!tty and Automobile Uability Coveraoes.. The City of Temecula, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. W'rth regard to claims arising from the Consultant's performance of the work described in this contract, the Consultant's insurance coverage. shall be primary insurance as respects the City of Temecula, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, the Consuitant's insurance. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. The Consuitant's insurance ~hall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Worker's iCompensation and Employers Uability Coveraoe. The insurer shall agree to waive all rights of subrogation against the City of Temecula, its officers, officials, employees and volunteers for losses arising from work performed by the Consultant for the City. VerificatioD of Coveraqe.- Contractor shall furnish the City with certificates of insurance effecting coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms provided by the City and are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall include all subconsultants as insureds under its policies or shall furnish separate certificates for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. -5- Minimum Scope gf Insurance. Coverage shall'be at least as broad as: f Insurance Services Office form Number GL 0002 (Ed. 1/7.2) covedng Comprehensive General Liability and Insurance Services Office form number GL 0404 covedng Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). Insurance Services Office form no. CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. Workers' Compensation insurance as required by Labor Code of the State of Califomia an Employer's Uability insurance. 4. Errors and Omissions insurance. Minimum Umits Of Insurance. Contractor shall maintain limits of insurance no less than: General Liability $1,000,000 combined single limit per occurrence for bodily injury and property damage. Automobile Uability: $1,000,{500 combined single limit per accident for bodily injury and property damage. Workers' Compensation and Employer's Liability: Worker's compensation as required by the Labor Code of the State of California and Employers Liability limits of $1 ,OOO,OO0 per accident. 4. Errors and Omissions Insurance. $1,000,000 per occurrence. Deductibles and, Self-Insured Retentions. Any deductible in excess of $1,000 must be declared to and approved by the City. Other Insurance !Provisions. Insurance policies required by this contract shall contain or be endorsed to contain the following provisions: All PolicieS. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice to the City via United States First Class Mail. EXHIBIT 'A' CITY OF TEMECULA SCOPE OF WORK CONTRACT ADMINISTRATION/CONSTRUCTION MANAGEMENT PRE-CONSTRUCTION * Develop and implement procedures to achieve coordinated efforts of the Design Team, City of Temecula, Construction Management Team, Construction Surveyors, Soils/Materials Testers and the Construction Contractor(s). * Plan, conduct and documem pre-construction meetings with all imerested parties to establish and clearly define lines of authority, responsibility, communication and to outline procedures for the successful execution of ell project tasks. * Establish and implement procedures to avoid and/or minimize the impact of claims, including maintenance of thorough project records and document control. * Establish and maintain a system for receMng, tracking and processing of submittals and request for inforrnation/darificatlon. * Establish a regular reporting system to keep the City of Temecula staff informed on the status of the project. * Review construction schedule, erosion control plans and traffic control plans. CONTRACT ADMINISTRATION/CONSTRUCTION MANAGEMENT , Provide coreract administration services as required. Monitor individual project for conformance with established/approveq budgets. - ' Provide cost control through progress payment review and approval with recommendations to the City. Assist the City staff in negotiating time extensions and change orders with the contractor(s). Monitor overall project conformance with established/approved and available funding. -1- Any dedUctibkm. or self-inSured retentions must be declared to and approvedi by the City. At the option of 'the City, either: the insurer shall reduce or eliminate such deductibles or self insured retentions as respects the City, its officers, offdais and employees; or the Consultant shall procure a bond guaranteeing payment of losses' and related inVestigations, claim administration end defense expenses. 13. INDEMNIFICATION. The'Consultant agrees to indemnify end save harmless the City of Temecula, its officers, offidals, employees end volunteers from and against any end all claims, demends, losses, defense cost, or liability of eny kind or nature which the City, its officers, agents end employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultent's negligent performance under the terms of this Agreement, excepting Only liability arising out of the sole negligence of the City. 14. ENTIRE AGREEMENT. This Agreement and any documents or instrument attached hereto or referred to herein integrate all terms end conditions mentioned herein or incidental hereto supersede all negotiations and prior writing in respect to the subject matter hereof. In the event of confliCt between the terms, conditions, or provisions of this Agreement end any such document or instrurn. ent, the terms and conditions of this Agreement shall prevail. EFFECTIVE DATE AND EXECUTION: This Agreement shall be effective from end after the date is signed by the representatives of the City. This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day end year first above written. CONSULTANT .V P Michael J. Stearns, · ~esident CITY OF TEMECULA By: Patricia H. Birdsall, Mayor APPROVED AS TO FORM: Scott F. Reid, City Attorney . ATTEST: June S. Greek, City Clerk -6- Finish Grade , , Stake median islands curb and gutter (1,250 LF +/-) at 50 foot intervals (includes additional widening at east end). Stake median islands curb and gutter at 25-foot interrals. Stake curb and gutter (120 LF +/-). Stake catch basin and storm drain extension. SOILS AND MATERIALS TESTING * Provide field and laboratory work necessary for soil, aggregate, A.C. pavement and concrete testing. * Laboratory work will include Proctor Tests, R-value determination and sieve analysis. * Field work will include density testing for soil and A.C. pavement. PROJECT CLOSE-OUT * Coordinate efforts of the design engineer for completion and submittal of final 'Record Drawings". ~ * Conduct final inspections with the City staff. * Coordinate and conduct post-construction activities including project dose-out, guarantees and final acceptance of the project. Matt\RCRamp.Tem Provide construction management services as required. Maintain daly records of consUuction activities. Conduct and document weekly construction meetings. CONSTRUCTION SURVEY Northbound Off-I:lamD (1.100 LF +/4) Rouah Grade Finish Grade tr Paint saw cut lines for removals. Stake edge of pavement, A.C. dike and curb and gutter for rough grade at 50-foot imervals. Stake edge of pavement and A.C. dike at 25-foot intervals. Stake overside drain (Caltrans Type A). Stake curb and gutter (120 LF +/-). Stake traffic signal bases. ~ Southbound 0ff-FlamD (1.100 LF +/-) Rouah Grade Finish Grade ~r lit Paint saw cut lines for removals. Stake edge of pavement, A.C. dike and curb and gutter for rough grade at 50-foot intervals. Stake edge of pavement and. A.C. dike at 25-foot intervals. Stake overside drain (Caltrans Type A). Stake curb and gutter (140 LF +/-). Stake traffic signal bases. RANCHO CALIFORNIA ROAD IMPROVEMENTS (EAST AND WEST) Rouah Grade Paint saw cut lines for removals and limits of pavement oveday. -2- AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this day of , 19 , between the City of Temecula, a municipal corporation, hereinafter referred to as "City" and NBSILowry, hereinafter referred to as "Consultant". The parties hereto mutually agree as follows: SERVICES. Consultant shall perform the tasks set forth in Exhibit "A" attached hereto. Consultant shall complete the tasks according to the schedule set forth in Exhibit "A". PERFORMANCE. Consultant shall at all times, faithfully, industrially and to the best of his ability, experience and talent, perform all tasks described herein. PAYMENT. The City agrees to pay Consultant monthly, at the hourly rates set forth in Exhibit "B" attached hereto, based upon actual time spent on the above tasks. This amount will not exceed $181,727.00 for the total term of the Agreement unless additional payment is approved by the City Council; provided that the City Manager may approve additional payments not to exceed ten percent (10%) of the Agreement, but in no event more than $10,000.00. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice. SUSPENSION. TERMINATION OR ABANDONMENT OF AGREEMENT. The City may, at any time, suspend, terminate or abandon this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Within thirty-five (35) days after receiving an invoice from the Consultant, the City shall pay Consultant for work done through the date that work is to be ceased pursuant to this section· If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement· BREACH OF CONTRACT. In the event that Consultant is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of 2/formslARC.-04 Rev 1/22/92 -1 - pw01~Ngl-04~conslmgt.agt 040692 EXHIBIT 'B" RANCHO CALIFORNIA RAMP WIDENING PROJECT COSTS FOR ESTIMATED ENGINEERING AND INSPECTION EFFORT TOTAL EST. HOURLY HOURS RATE Principal-in Charge 88 $135.00 Project Manager/RE 408 $ 95.00 Inspector 1,080 $ 65.00 Secretary/C ertc 104: $ 40.60 Inspector 216 $ 76.60 TOTAL COST FOR ESTIMATED EFFORT COSTS FOR ESTIMATED CONSTRUCTION SURVEYING EFFORT TOTAL EST. HOURLY HOURS RATE TOTAL EST. DOLLARS $11.880 $ 38,760 $ 70,200 $ 4,160 $16.546 $141,546 TOTAL EST. DOLLARS Supervising Surveyor 30 $ 65.00 $ 2,550 Survey Technician 24 $ ~0.00 $ 1,680 Survey Crew 146 $190.00 $ 27,740 TOTAL COST FOR ESTIMATED EFFORT $ 31,970 COSTS FOR ESTIMATED SOILS/MATERIALS TESTING EFFORT TOH~U/~R~ST. HOURLY RATE Project Manager 8 Inspector/Technician 104 Laboratory Tests (Estimated) $ 85.00 $ 52.00 NBS;/LOWRY SURCHARGE (15%) TOTAL COST FOR ESTIMATED EFFORT TOTAL ESTIMATED COSTS FOR PROJECT RECOMMENDED BUDGET FOR NBS/LOWRY SERVICES TOTAL EST. DOLLARS $ 680 $ 5,408 $ 1.000 $ 7,088 $ 1.123 $ 8,211 $181,727 $182,000 Rev. 3/4/92 Ma~\RCRamp.Tem ESTIMATED ENGINEERING AND INSPECTION STAFFING EFFORT 10. 11. 12. any of its officers, employees 9r agents are in any manner ~ficers, employees or agents of the City. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnffication to Consultant for injury or sickness arising out of performing services hereunder. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. NOTICE. Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be served by certified mail, postage prepaid, return receipt requested, addressed to the City Manager of the City of Temecula, located at 43174 Business Park Ddve, Temecula, California 92590 and the Consultant at 40925 County Center Drive, Suite 120, Temecula, California 92591 unless and until different addresses may be furnished in writing by either party to the other. Notice shall be deemed to have been served seventy- two (72) hours after the same has been deposited in the United States Postal Services. This shall be valid and sufficient service of notice for all purposes. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the pdor written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be the value to the City of the services rendered. LIABILITY INSURANCE. The Consultant shall maintain insurance acceptable to the City in full force an effect throughout the term of this contract, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, employees or subcontractors. Insurance is to be placed with insurer with a Bests' rating of no less than A:VII. The costs of such insurance shall be included in the Consultant's bid. The Consultant shall provide the following scope and limits of insurance: -3- defaulL Default shall include not performing the tasks described herein to the standard of care of the Industry. Failure by the Consultant to make progress in the performance of work hereunder, if such failure arises out of cadses beyond his corm'oi, and without fault for negligence of the Consultant, shall not be considered a default. ff the City Manager or his dalegate datermines that the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails toi cure its default within such pedod of time, the City shall have the dght, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any offer remedy to which it may be entitled at law, in equity or under this Agreement. TERM. This Agreement shall commence on , 19 , and shall remain and continue in effect until tasks described herein are comple~'~d, but in no event later than ,19__. Any disputes regarding performance, default or other matters in dispute between the City and the Consultant arising out of this Agreement or breech thereof, shall be resolved by arbitration. The arbitrator's decision shall be final. Consultant shall select an arbitrator from a list provided by the City of three retired judges of the Judicial Arbitration and Mediation Services, Inc. The arbitration hearing:shall be conducted according to California Code of Civil Procedure Section 1280, et sea. City and Consultant shall share the cost of the arbitration equally. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of this Agreement, all instruments of service, including original idocuments, designs, drawings and notes prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City Without the permission of the Consultant. INDEPENDENT CONTRACTOR. The Consultant is and shall at all times remain as to the City a wholly independent contractor. Neither the City nor any of its officers, employees or agents Shall have control over the conduct of the Consultant or any of the Consuitant's officers, employees or agents, except as herein set forth. The Consultant shall not at any time or in any manner represent that it or be de General Liability and Automobile Uabillty Coverages.. The City of Temecula, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and complied operations of the Consultant; premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. W'~h regard to claims arising from the Consultant's performance of the work described in this contract, the Consultant's insurance coverage shall be pdmary insurance as respects the City of Temecula, its officers, officials, employees and volunteers. Any insurance or serf-insurance maintained by the City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, the Consultant's insurance. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Worker's Compensation and Employers Liability Coveraqe. The insurer shall agree to waive all dghts of subrogation against the City of Temecula, its officers, offidals, employees and volunteers for losses arising from work performed by the Consultant for the City. Verification of Coverage. Contractor shall furnish the City with certificates of insurance effecting coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms provided by the City and are to be received and approved by the City before work commences. The City reserves the right to require complete, certffied copies of all required insurance policies, at any time. Consultant shall include all subconsultants as insureds under its policies or shall furnish separate certfficates for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Minimum 8col;}e of Insurance. III · Coverage shall be at least as broad as: Insurance 8ervice~ Office form Number GL 0002 (Ed. 1/7.2) covedng Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or 'Insurance Services Office Corninertial General Liability Insurance Services Office form no. CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. Workers' Compensation insurance as required by Labor Code of the State of California an Employers Liability insurance· 4. Errors and Omissions insurance. Minimum Limits ofilnsurance. Contractor shall maintain limits of insurance no less than: General Liability $1,000,000 combined single limit per occurrence for bodily injury and property damage. 5 Automobile ;Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Workers' Compensation and Employer's Liability: Worker's compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. 4. Errors and Omissions Insurance. $1,000,000 per occurrence. Deductiblas and $elf-lnsured Retentions. Any deductible in excess of $1,000 mum be declared to and approved by the City. Other Insurance Provisions. Insurance policies required by this contract shall contain or be! endorsed to contain the following provisions: All Policies. Each insurance policy required by this clause shall be endorsed tO state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice to the City via United States First Class Mail. ~,,,,%. EXHIBIT "A" CITY OF TEMECULA FIANCHO CALIFORNIA RAMP WIDENING CONTRACT ADMINISTRATION/CONSTRUCTION MANAGEMENT CONTRACT ADMINISTRATION/CONSTRUCTION MANAGEMENT PRE-CONSTRUCTION Devdop and implement procedures to achieve coordinated efforts ofthe Design Teem, City of Ternecula, Construction Management Team, Construction Surveyors, Soils/Materials Testers and the ConsUuction Contractor(s). Plan, conduct and document pre-construction meetings with all interested parties to establish and cleedy define lines of authority, responsibility, communication and to outline procedures for the successful execution of all project tasks. Establish and implement procedures to avoid end/or minimize the impact of claims, including maintenance of thorough project records and document control. Establish and maintain a system for receiving, tracking and processing of submittals and request for information/dariltcation. Establish a regular reporting system to keep the City of Temecula staff informed on the status of the project. Review construction schedule, erosion control plans and traffic control plans. CONTRACT ADMINISTRATION/CONSTRUCTION MANAGEMENT * Provide contract administration services as required. * Monitor individual project for conformance with established/approvad budgets. * Provide cost control through progress payment review and approval with recommendations to the City. * Assist the City staff in negotiating time extensions and change orders wtth the coreractor(s). * Monitor overall project conformance with established/approved and available funding. the City, its officers, o~mia~ and employees; or the Consultant shall procure a bond guaranteeing payment of losses and related irainstigations, claim administration and defense expenses. 13. INDFMNIFICATION. The'Consultant agrees to indemnify and save harmless the City of Temecula, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense: coat, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property adsing out of Consultanrs negligent performance under the terms of this Agreement, excepting only liability adsing out of the sole negligence of the City. 14. ENTIRE AGREEMENT. This Agreement and any documents or instrument attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto supersede all negotiations and prior writing in respect to the subject matter hereof. In the event of conflict between the termS, conditions, or provisions of this Agreement and any such document or instrument, the terms and conditions of this Agreement shall prevail. EFFECTIVE DATE AND EXECUTION: This Agreement shall be effective from and after the date is signed by the representatives of the City. This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CONSULTANT Michael J. Stearns, ~e PreSident CITY oF~ TEMECULA By: Patricia H. Birdsail, Mayor APPROVED AS TO FORM: Scott F. Field, City Attorney ATTEST: June S. Greek, City Clerk -6- Finish Grade , , Stake median Islands Curb and gutter (1250 LF +/-) at 50 foot Intervals (includes additional widening at east end). Stake median islands curb and gutter at 254oot inteP, tals. Slake curb and gutter (120 LF +/-). Stake catch basin and storm drain extension. SOILS AND MATERIALS TESTING * Provide field and laboratory work necessary for soil, aggregate, A.C. pavement and concrete testing. , Laboratory work will include Proctor Tests, R-value determination and sieve analysis. * F~id work wll include density testing for sol and A.C. pavement. PROJECT CLOSE-OUT * Coordinate efforts of the design engineer for completion and submittal of final 'Record Drawings'. * Conduct final inspections with the City staff. * Coordinate and conduct post-construction activities including project dose-out, guarantees and final acceptance of the project. Matt\RCRamp.Tem * Provide ~ management mmdce as required. * Maintain daly records of construction activities. * Conduct and document weekly constmcUon meetings. CONSTRUCTION SURVEY Nelhbound 0ff-RBmD (1.100 LF +/~ Rouah Grade Finish Grade Paint saw cut lines for removals. Stake edge of pavement, A.C. dike and curb and gutter for rough grade at 50-foot imervais. Stake edge of pavemere and A.C. dike at 25-foot Intervals. Stake overside drain (Caltrans Type A). Stake curb and gutter (120 LF +/-). Stake traffic signal bases. Southbound Off-Pane (1.100 LF Rcuah Grade Finish Grade 4r Paint saw cut lines for removals. Stake edge of pavement, A.C. dike and curb and gutter for rough grade at 50-foot imervals. Stake edge of pavement and A.C. dike at 25-foot intervals. Stake overside drain (C, altrans Type A). Stake curb and gutter (140 LF +/-). Stake traffic signal bases. RANCHO CALIFORNIA ROAD IMPROVEMENTS (EAST AND WEST) Rou0h Grade Paint saw cut lines for removals and limits of pavement overlay. -2- ITEM 16 EXHIBIT 'B' RANCHO CAMFORNIA RAMP WIDENING PROJECT COSTS FOR ESTIMATED ENGINEERING AND INSPECTION EFFORT TOTAL EST. HOURLY TOTAL EST. HOURS RATE DOLLARS Pdncipal-in Charge 88 $135.00 Project Manager/RE 408 $ 95.00 Inspector 1,080 $ 65.00 Secrstary/Clerical 104 $ 40.00 Inspector 216 $ 76.60 TOTAL COST FOR ESTIMATED EFFORT $11,880 $ 38,760 $ 70,2O0 $ 4,160 $16.546 $141,546 COSTS FOR ESTIMATED CONSTRUCTION SURVEYING EFFORT TOTAL EST. HOURLY HOURS RATE Supervising Suweyor 30 $ 65.00 Survey Technician 24 $ 70.00 Survey Crew 146 $190.00 TOTAL COST FOR ESTIMATED EFFORT TOTAL EST. DOLLARS 2.55O 1,65o 27.740 $ 31,970 COSTS FOR ESTIMATED SOILS/MATERIALS TESTING EFFORT Project Manage Inspector/Technician Laboratory Tests (Estimated) TOTAL EST. HOURLY HOURS RATE 8 $e5.oo 104 $ 52.00 NBS/LOWRY SURCHARGE (15%) TOTAL COST FOR ESTIMATED EFFORT TOTAL ESTIMATED COSTS FOR PROJECT RECOMMENDED BUDGET FOR NBS/LOWRY SERVICES TOTAL EST. DOLLARS 68O 5,408 1.000 7,088 1.123 $ 8,211 $181,727 $182,000 Rev. 3/4/92 ESTIMATED ENGINEERING AND INSPECTION STAFFING EFFORT Matt\RCRm, np.Tem APPROVAL CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Department of Public Works April 14, 1992 Professional Services Agreement with Robert Bein, William Frost and Associates for Design of Interim Margarita Road from Solana Way to Winchester Road PREPARED BY: Douglas M. Stewart, Deputy City Engineer RECOMMENDATION: That the City Council: Approve a Professional Services Agreement for design services (interim width roadway) on the Margarita Road Extension with Robert Bein, William Frost and Associates ("RBF") in the amount of $31,000.00, and authorize the Mayor and the City Clerk to sign said Agreement. Approve a transfer of $31,000.00 from the Measure "A" Fund to the Capital Projects Fund and appropriate $31,000.00 to Capital Projects Account No. 021-165-607-44- 5802 from Unreserved Fund Balance. BACKGROUND: On November 12, 1991 the City Council authorized the Mayor and City Clerk to sign a Professional Services Agreement between the City and RBF for design services on the extension of Margarita Road between Winchester Road and North General Kearney Road. At the same time,Council directed Staff to bring back a second agreement to extend that design southerly to Solana Way. Both of these agreements were for the design of a full width (88'/110') street at ultimate line and grade. At that time, Bedford Properties was discussing with City staff the terms of an agreement to reimburse the City for costs of design and construction of this street through property owned by Bedford, essentially the extension from North General Kearney Road to Winchester Road. -1- pwO1~agdrpt\92~0414~mergsol.win 0408a EXHIB~ "A" J.N. 400385, Revision No. 1 SCOPE OF SERVICES Consultant agrees to perform the following Scope of Services: EXI-HBff A-1 EARTHWORK OUANTITY ~-~zTIMA'I'E Consultant shah prepare an Estimate of Earthwork Quantities based upon the Interim Grading Phn approved by the CHeat. Allowances for shrinkage and subsidence and quantities for corrective grading work shah be accounted for based upon the Client's Soils Engineer's Report, unless otherwise specified. EXHIBIT A-2 STREET IMPROVEMENT/GRADING pl ANS Consultant shah prepare one set of Interim Street Improvement Plans in accordance with the standard requirements of the appropriate governmental jurisdictional agency for Margarita Road from Highway 79 (Winchester) south to Solana Way. The alignment, grade and street cross-sections shah conform to the alignment, grade and sections on the circulation element of the General Plan, the existing road easement alignment recorded April 7, 1988, and the design criteria set forth by the appropriate jurisdictional agency. The street improvement plans will also include the grading required for the proposed improvement. Grading plans shah be in accordance with the soils and grading report provided by Consultant and the City of Temecuia's Grading Ordinance. The Rough Grading Plans shah indicate elevations, banks, berms, drainage devices, rough sweet grades, possible corrective grading area as outlined in the Preliminary Soils Report provided by Consultant, and erosion control measures necessary for obtaining a rough grading permit, and construction of the rough grading portion of the project. EXHIBIT A-3 TRAFFIC SIGNING AND STRIPING PLANS Consultant shah provide engineering services to prepare one set of traffic signing and striping plans in accordance with the standards implemented by the City of Temecula. The traffic signing and striping plans shah cover the proposed interim improvements for Margarita Road. 2/forms/ARG-04 Rev. 1/22/92 l~,01/agmts/masters/04 012292 Recent actions by Bedford indicate their unwillingness to finalize that agreement, therefore, The project currently involves the design of a 34' wide two-lane interim street from North General Kearney Road to WincheSter Road. Under the interim design, ultimate width grading of the street will be performed with only the west half of the street being paved. Several design constraints encountered from North General Kearney southerly to Solana Way -have also leVI Staff to recommend a change to an interim two-lane design in this section, as well. In order to design the south section of the Margarita Extension to a design speed of 55 mph, a GTE Fiber Optic Cable (main trunk telephone for Meadowview) and an RCWD 24" water line would need to be lowered 12 feet. In addition, the existing box culvert crossing North General Kearney Road resides in a "blue-line stream" requiring Federal 404 and State 1601 permits for widening of the box. All of these opportunities can be shunted to the ultimate width design for the street. Staff is proposing to proceed with the design of the ultimate width street (subject of a different Staff Report and contract) at a different pace than this design and condition development along the corridor to build it. The proposed interim street from Solana Way to the future intersection with North General Kearney Road will be designed and constructed as a two-lane street with an approximate ten- year life span. The entire southern section of the street will require replacement when the ultimate grading and street section are constructed. FISCAL IMPACT: It is necessary to approve a transfer of $31,000.00 from the Measure "A" Fund to the Capital Projects Fund and appropriate $31i,000.00 to Capital Projects Account No. 021-165-607-44- 5802 from Unreserved Fund Balance. -2- pwO1%agdrpt%92%O414\mergsol.win 0408a EXHIRIT A-9 POTHOt 1~. IOCATION SURVEY Consultant shall provide one set of stakes to indicate the position for pothole investigation of the ' existing GTE conduit and 12" waterline within Margarita Road in the location of the proposed culvert crossing just north of the existing R.C,B, The stake shall be set on an offset agreed upon by the Contractor and Consultant. It shah be marked with an approximate cut to the plan grade (if available) of the underground object of investigation. After exposure of the object by the Contractor, Consultant shah provide a field survey to determine the horizontal and vertical location of the object. Survey field notes shah be prepared by the Consultant and provided to the Client upon request. The fee for this survey is based on one visit to the site to set location stakes and one visit to the site to survey the objects. Any additional visits will be under a separate contract for an additional fee. EXII]Brr A-10 Consultant shah prepare a Final Quantity and Cost Estimate based upon the final grading and improvement plans for the interim Margarita Road project. Quantities shah be compiled using scaled and planimeter measurements from the grading and improvement plans approved by Client. Grading quantities for buttress and stability slopes, alluvial and coUuvial removals, and other corrective geological requirements shah be based upon the data reported in the preliminary soils and geologic report provided by the Client. Consultant makes no representation concerning the estimated quantities and cost figures made in connection with maps, plans, specifications, or drawings other than that all such figures are estimates only, and Consultant shah not be responsible .for fluctuations in cost factors. 2/forms/ARO-04 Rev. 1/22/92 9 p,,O~/a~mts/mmen/04 012292 EXHIBIT A-4 HYDROI D(~Y ,~ND STORM !'H~IN HYnRAUt otCS RRPORT Consultant shall prepare a Hydrolo and Storm Drain Hydraulics Report for the Project Site in accordance with the requirements o~Ythe appropriate governmental jurisdictional agency, based on the Interim Grading Plan prepared by Consultant, for submittal to the jurisdictional agency along with the completed Storm Drain Plans for the Project Site. EXHIBIT A-S STORIV[ nRAIN pl ANS Consultant shall design and prepare interim Storm Drain Improvement Plans as required to perpetuate the existing drainage paRems along the proposed alignment of Margarita Road in accordance with the requirements and criteria of the appropriate governmental jurisdictional agency. Storm drain improvement plans will be incorporated into the street improvement and grading plan set. Any engineering services related to preparation of improvement plans for offsite storm drain extensions, pump stations, or other major facilities required by the appropriate governmental jurisdictional agency, will be completed under separate contract for an additional fee. EXHIBIT A-6 UTrl .1TY COORDINATION Consultant shah coordinate with the appropriate utility service agencies to determine their relocation requirements due to the interim street improvements proposed for Margarita Road. EXHIBIT A-7 FIELD TOPOGRAPI-HC SURVEY Consultant shah prepare a Field Topographic Survey of the project site necessary to facilitate the interim design of Margarita Road and North General Kearny Road. Field topography shah reflect the revised topography due to the borrow site operation conducted by AD 161/Bedford Properties for the development of Santa Gertrudis Creek and Winchester Meadows specific to North General Kearny Road and portions of Margarita Road. EXHIBIT A-8 RIGHT-OF-WAY LOCATION STAKES Consultant shah provide location stakes for the easterly right-of-way of Margarita Road from North General Kearny northerly 12,000 feet and for the northerly right-of-way of North General Kearny 855 feet easterly of the intersection of Margarita Road. 2/forms/ARG4M Rev. 1/22/92 8 pwO1/aWt~/muter~/04 012292 Any work relating to, but not limited to, governmental processing, retaining walls, any additional topographic mapping, traffic signal, environmental documentation, sound studies or acoustical engineering, underground utility planning, design or coordination, design for relocation of underground irrigation facilities, detour plan, property title services, preparation of legal descriptions and exhibits (except as provided herein), staking of joint trench utilities, construction surveying for grading cross-sections or removal of unsuitable material and any additional staking (except as provided herein), if required, shall be covered under a separate agreement. 2/forms/ARG-04 Rev. 1/=/92 11 p,,0X/sSmts/mmm/04 ox22~2 EXHIBIT "B" J.N. 400385, Revision No. 1 COMPENSATION Client agrees to compensate Consultant for such services as follows: Consultant shall complete the work outlined above in accordance with the fee schedule identified below and shall invoice Client on a monthly basis based on the percentage of completion. ITEM WORK TASK FEE A-1 Earthwork Quantity Estimate $1,300 A-2 Street Improvement/Grading Plans 13,500 A-3 Traffic Signing and Striping Plans 700 A-4 Hydrology and Storm Drain Hydraulics Report 3,500 A-5 'Storm Drain Plans 3,200 A-6 Utility Coordination 900 A-7 Field Topographic Survey 2,200 A-8 Right-of-Way Location Stakes 1,400 A-9 Pothole Location Survey 600 A-10 Final Cost Estimate 1.500 SUBTOTAL $28.800 Blueprints and Reproductions 2.200 TOTAL $31.000 The fees proposed herein shall apply until August 1, 1992. Due to ever-changing costs, Consultant may increase those portions of the contract fee for which work must still be completed after August 1, 1992 by ten percent (10%). 2/fom~/~Ro-o~ ,~v. 1/22N2 10 !x~Ol/-~mts/muters/04 012292 ITEM 12 · APPROVAL CITY ATTORNEY~ FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Department of Public Works April 14, 1992 Award of Professional Services Contract to NBS/Lowry for Land Surveying Services on the Street and Sidewalk Improvements at Various Schools Project (PW92-01) PREPARED BY: Michael D. Wolff, Senior Public Works Inspector RECOMMENDATION: That the City Council: Award a Professional ServiCes contract in the-amount of $6,440.00 to NBS/Lowry for land surveying services on the Street and Sidewalk Improvements at Various Schools Project (PW92-01), and authorize the Mayor and City Clerk to sign said Contract. Approve a transfer of $6,440.00 from the Measure "A" Fund to the Capital Projects Fund and appropriate $6,440.00 to Capital Projects Account No. 021-165-607-44- 5804 from Unreserved Fund Balance. DISCUSSION: In January, 1992, the Department of Public Works solicited qualifications from interested engineering firms to provide the City with land surveying services (construction staking) for various Capital Improvement Projects throughout the year of 1992. Eleven (11) firms responded to the Request for Qualifications No. 004, and the responses were evaluated by Public Works Staff. The top four firms were interviewed and ranked one through four (1 - 4). All four firms have the necessary qualifications to perform the desired construction staking for the projects· Thus, the one through four (1 - 4) ranking was necessary to establish a rotation basis for project award. The ranking is as follows: -1- pw01%agdrpt~92~,O414~pw92-01.1s 0408a 2. 3. 4. J.F. Davidson Associates, Inc.. NBS/Lowry Rick Engineering, Inc. Robert Bein, William Frost & Associates J.F. Davidson Associates, Inc. was awarded construction staking for Rancho California Road Benefit District Project (PW91-03, first project). Therefore, NBS/Lowry was selected for the Street and Sidewalk Improvements at Various Schools Project (PW92-01, second project). A contract with a defined scope of work and an hourly budget not to exceed $6,440.00 has been negotiated. FISCAL IMPACT: It is necessary to transfer $6,440.00 from the Measure "A" Fund to the Capital Projects Fund and appropriate $6,440.00 to Capital Projects Account No. 021-165-607-44-5804 from Unreserved Fund Balance. °2- pw01%agd rpt%92%0414~pw92-01 .Is 0408a ITEM 17 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Counciil/City Manager Department of Public Works April 14, 1992 Professional Services Agreement with Robert Bein, William Frost and Associates for Design of Margarita Road from Solana Way to Winchester Road (Southern Portion) PREPARED BY: Douglas M. Stewart, Deputy City Engineer RECOMMENDATION: That the City Council: Approve a Professional Services Agreement for design services (ultimate width and grade) on the Margarita Road extension with Robert Bein, William Frost and Associates ("RBF") in the amount of $44,200.00, and authorize the Mayor and the City Clerk to sign said Agreement. Approve a transfer of $44,200.00 from the Measure "A" Fund to the Capital Projects Fund and appropriate $44,200.00 to Capital Projects Account No. 021-165-607-44- 5802 from Unreserved Fund Balance. BACKGROUND: On November 12, 1991 the City Council authorized the Mayor and City Clerk to sign a Professional Services Agreement between the City and RBF for design services on the extension of Margarita Road between Winchester Road and North General Kearney Road in the amount of $62,950.00. This design was for a full width road at ultimate line and grade. At that same time, the Council directed Staff to bring back a second agreement to complete the design of the extension of Margarita Road to Solana Way. This agreement fulfills that direction and brings the total cost of design for the full width street to $107,150.00. -1- pwO1~,agdrpt~92\O414~margext.so 0408a EXHIBIT "A" J.N. 400297, Addendure No. 1, Revision No. 1 SCOPE OF SERVICES Consultant agrees to perform the following Scope of Services: FARTHWOILK OUANTITY Consultant shall prepare an Estimate of Earthwork Quantities based upon the Final Grading Plan approved by the Client. Allowances for shrinkage and subsidence and quantities for corrective grading work shall be accounted for based upon the Client's Soils Engineer's Report, unless otherwise specified. EXHIBIT A-2 Consultant shall prepare an Aerial Topographic Map of the project site, at a scale of 1" = 40', plotted in ink on mylar with one foot contour intervals. The work shall include field surveying services to set ground control, aerial photogrammetric services, compilation of digital data from the stereo pair photographs, archiving of the data to digital tape medium, plotting of the final topographic maps on mylar, and completion of field survey check prof~es. EXHIBIT A-3 AS-BUILT STREET IMPROVEMENT PLANS Consultant shall revise the existing ultimate set of street improvement plans prepared for Margarita Road from Winchester Road southerly to the existing box culvert (Sheets 3, 4, 5, 6 and 10) to reflect the proposed interim Margarita Road design improvements as existing. EXHIBIT A-4 STREET nV pROVEME rr/GRADn G Pt,A s Consultant shall prepare one set of Street Improvement Hans in accordance with the standard requirements of the appropriate governmental jurisdictional agency extending Margarita Road (formerly North General Kearny Road) from the existing box culvert south to Solana Way. The alignment shall conform to the existing alignment. The grade and cross-sections will be in accordance with the standard requirement for a 55 MPH design speed as approved by the City of Temecula. The street improvement plans will also include the grading required for the proposed improvement. Grading plans shah be in accordance with the soils and grading report provided by Consultant and the City of Temecula's Grading Ordinance. 2/torras/ARG-04 Rev. ~/22/92 p~01/agmts/masters/04 012292 The key point in both agreements is that RBF is agreeing to front the entire cost of the design and geotechnical investigations until June 1,1992, or until the bonds for the CFD 88-12 sub- zone are sold, whichever occurs first. If work' on the design extends beyond June 1, 1992 (and Staff does not anticipate this), then monthly payments will be made to RBF up to the cost of the services provided, not to exceed 844,200.00. The staff of Rancho California Water District (RCWD) approached City Staff regarding two water lines that RCWD is proposing to install from Winchester Road to North General Kearney Road this year; one potable water and one reclaimed water. The two staffs are endeavoring to coordinate the efforts on both the design and construction phases. FISCAL IMPACT: The cost of the design of this project of Margarita Road between Winchester Road and Solana Way, the southern portion, is limited in this Agreement to $44,200.00. It is necessary to approve a transfer of $44,200.00 from the Measure "A" Fund to the Capital Projects Fund and appropriate $44,200.00 to Capital Projects Account No. 021-165-607-44-5802 from Unreserved Fund Balance. -2- pw01\agdrpt\92~O414\margext,so 0408a Included are to be Instructions to Bidders, General Conditions, Special Provisions applicable to the specific job, Proposal Forms, Special C, rading Specifications supplied by the soils engineer, the Grading Plan, a Cut and Fill Map, and the Improvement Plans. Consultant will be available during the Client's bidding phase of the Project to answer questions and provide guidance to the bidders; however, the Client shall schedule a meeting for this purpose with all of the prospective bidders and shall give Consultant five (5) days advance notice of the meeting. EXHIBIT A-10 t m.~Al- r~-~"'RIFIION$ ,I~ND EXT41'RIT3 Consultant shall prepare six Legal Descriptions and Exh'bits to be used for the dedication of additional right-of-way along Margarita Road (formerly North General Kearny Road) increasing the street width from 88' to 110'. EXHIBIT A-11 (31~-OTECHNICAt- INV~-~I'ICjATION (CONVERS~ CONSUI-T.~,NTS) Consultant shall provide the n~ry personnel, equipment and materials to explore the site, perform laboratory testing, and provide site grading and pavement design recommendations. The following scope of work is proposed: · Subsurface Exploration: A program of subsurface exploration will be conducted to determine general soil profiles at the site, and to obtain representative soil samples for laboratory testing.. Six to seven test pits are planned to explore subsurface conditions. Test pits will be excavated with a backhoe to' maximum depths of about 5 feet below ground surface. · Laboratory Testing: Soil samples obtained during the exploratory field work will be tested in the laboratory to determine their engineering properties. Laboratory testing may include, but not necessarily be limited to the following: R-value, and compaction tests. · Engineering Analyses and Report: Data obtained from the exploratory excavations and the laboratory testing program will be evaluated. Engineering analyses will be performed to present pavement design and site grading recommendations in a report. The report will address the following items: · A description of the field and laboratory procedures used in the investigation. · A discussion of the materials encountered in the test pits and their engineering properties. · Logs of the exploratory excavations summarizing the soil conditions encountered and the results of laboratory testing, and a plan 'indicating the location of subsurface excavations. 2/forai/ArO-04 IL-v. 1/22/92 9 p~l/agmts/mas,ets/04 012292 The Rough Grading Plans shall indicate elevations, banks, her ms, drainage devices, rough street grades, poss~le corrective grading area as outlined in the Preliminary Soils Report provided by Consultant, and erosion control measures necessary for obtaining a rough grading permit, and construction of the rough grading portion of the project. EXHIBIT A-5 TRAFFIC SION~NG ,ANn STB~ P~ ANS Consultant shah provide engineering services to prepare one set of traffic signing and striping plans in accordance with the standards implemented by the City of Temecula. The traffic signing and striping plans shah cover the proposed improvements for Margarita Road. EXI41BIT A-6 HYDROI-OGY AND STORM DRAIN HYDRAUliCS R!~-PORT Consultant shah prepare a Hydroloff and Storm Drain Hydraulics Report for the Project Site in accordance with the requirements of !the appropriate governmental jurisdictional agency, based on the Final Grading Plan prepared by Consultant, for submittal to the jurisdictional agency along with the completed Storm Drain Phns for the Project Site. EXI-HB1T A-7 Consultant shah design and prepare Storm Drain Improvement Plans as required to perpetuate the existing drainage patterns along the proposed alignment of Margarita Road in accordance with the requirements and criteria of the appropriate governmental jurisdictional agency. Storm drain improvement plans will be incorporated into the street improvement and grading phn set. Any engineering services rehted to preparation of improvement plans for offsite storm drain extensions, pump stations, or other major facilities required by the appropriate governmental jurisdictional agency, will be completed under separate contract for an additional fee. BXHIBIY A-8 U'I~:ITY COORDINATION Consultant shah consult with the appropriate utility service agency to determine the relocation requirements of the existing telephone poles adjacent to North General Kearny Road due to the realignment of North General Kearny Road and Margarita Road and the relocation requirements of GTE and Rancho California Water District facilities. EXHIBIT A-9 SPECIFICATIONS AND CONTRACTF IX)C1/M~-N'I~ Consultant shah prepare Specifications and Contract Documents for bidding, awarding the contracts, and supervision of the improvements to be constructed within the Project. 2/form$/ARG..04 ik-.v. 1/'22/92 8 lmw01/agm~s/e~ts/04 012292 EXI-fm~ A-16 BLURPI~tNT~ ,~fl) Iz~PROnUCIION Ccs~t R,"41pest) Consultant has included an allowance for blueline and reproduction work specifically requested by the Client. All reproduction work required by Consultant for performance of the various work tasks' described above is included in the fee amounts as shown on Exhibit "B". 2/forms/ARG-04 Rt, v. 1/22/92 11 nw0~/agmts/masters/04 0~2292 Recommendations for general site grading, including excavations, fill placement, and utility backfill and site drainage. Recommended structural pavement section and guidelines for preparation of subgrade soils. Rx]-~!Rrr A-l? GRADING 0RSRRVATIONS AND T~STING (CONVI~-RSE CONSULTANTS) Our technicians will be on site during grading to observe and test the earthwork. We anticipate full- time observations will be required. Laboratory tests, consisting of confLrmatory R-value vesting on the exposed subgrade soils and maximum density tests, will be performed. POTHOI ~- LOCATION SURVEY Consultant shall provide one set of stakes to indicate the position for pothole investigation. The stake shah be set on an offset agreed upon by the Contractor and Consultant. It shah be marked with an approximate cut to the plan grade (ff available) of the underground object of investigation. After exposure of the object by the Client's Contractor, Consultant shall provide a field survey to determine the horizontal and vertical location of the object. Survey field notes shah be prepared by the Consultant and provided to the Client upon request. EXHIBIT A-14 Consultant shah prepare a Final Cost Estimate based upon the final grading and improvement plans. Consultant makes no representation concerning the estimated quantities and cost figures made in connection with maps, plans, specifications, or drawings other than that all such figures are estimates only, and Consultant shah not be responsible for fluctuations in cost factors. EXHIBIT A-15 PRO~"I' MEETING ATTENDANCE & CONSULTATION Consultant shah attend regularly scheduled meetings with CHent to review the progress of the work included within this contract and to provide consulting services. A maximum of 70 hours are included within this Scope of Work. Additional meetings and consulting services will be performed, if required, on an hourly basis for an additional fee. 2/forms/A. RG-04 Rk.v. 1/22/92 10 p.,o~/~../m..../o4 012292 Any work relating to, but not limited to, governmental processing retaining w:~!ls, topographic mapping, traffic signal, environmental documentation, sound studies or acoustical engineering, underground utility planning, design or coordination, design for relocation of underground irrigation facilities, detour phn, property title services, preparation of legal descriptions and exhibits (except as provided herein), staking of joint trench utilities, construction surveying for grading cross-sections or removal of unsuitable material and any additional staking (except as provided herein), if required, shall be covered under a separate agreement. 2/forms/AaG-04 Rev. 1/22/92 13 t,*01/g, nts/mmen/04 01229'2 EXHIBIT "B" J.N. 4002971 Addendure No. 1, Revision No. 1 (X)MPENSATION CHent agrees to compensate Consultant for such services as follows: Consultant shall complete the work outlined above in accordance with the fee schedule identified below and shall invoice Client on a monthly basis based on the percentage of completion. ITEM WORK TASK FEE A-1 Earthwork Quantity Estimate $1,000 A-2 Aerial Topographic Map 7,000 A-3 As-Built Street Improvement Plans 4,$00 A-4 Street Improvement/Grading Plans 9,000 A-5 Traffic Signing and Striping Plans 700 A-6 Hydrology and Storm Drain Hydraulics Report 2,500 A-7 Storm Drain Plans 2,500 A-8 Utility Coordination 1,300 A-9 Specifications and Contract Documents Included A-10 Legal Descriptions and Exh~its 4,400 A-11 Oeotechnical Investigation (Converse Consultants) 1,100 A-12 Grading Observations & Testing Included (Converse Consultants) A-13 Pothole Location Survey 1,200 A-14 Final Cost Estimate 2,000 A-15 Project Meetings and Attendance 5.000 A-16 Blueprints and Reproductions 2.000 TOTAL $~.~.,200 The fees proposed herein shah apply until August 1, 1992. Due to ever-changing costs, Consultant may increase those portions of the contract fee for which work must still be completed after August 1, 1992 by ten percent (10%). 2/forms/ARG-04 Rev. 1/22/92 12 p,~}l/aWm/mutm/04 mz292 ITEM NO. 18 APPROVAL%%~ CITY ATTORNEY A _ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager /(17/S Depa.~_of Public Works April 14, 1992 Release Faithful Performance Warranty and Monumentation Bonds in Parcel Map No. 23430 Subdivision PREPARED BY: Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council AUTHORIZE the release of streets and drainage, and sewer and water systems Faithful Performance Warranty Bond and Subdivision Monumentation Bond in Parcel Map No. 23430, and DIRECT the City Clerk to process the release of the bonds. BACKGROUND: On December 18, 1990, the City Council entered into a subdivision agreements with: Bedford Development Co. 28765 Single Oak Drive, Suite 100 Temecula, CA 92590 for the one-year warranty period for streets and drainage, and sewer and water systems improvements and subdivision monumentation installations. Accompanying the subdivision agreements, were' Surety Bonds issued by Lumbermens Mutual Casualty Co. as follows: Bond No. 3S 743 673 00 in the amount of $90,000.00 to cover Faithful Performance Warranty requirements. -1 - pw01 \agdrpt\92\0414\23430 040392 ~_GeL. , , ,. # I e 3 I , I /"i [:-OT . ly.,~., =,,,~~.:.. "~ mAP / 79413'"""" I ' '.- ; f" - j I~ · .' · ~ ..t · , I I I I I I I I I I I -tRACT 3334 I,OT e VICINITY IVOT TO ~fCZ MAP II Bond No. 3S 743 670 O0 in the amount of $9,636.00 to cover Subdivision Monumentation. The required public streets, drainage, sewer, and water improvements were satisfactorily completed prior to City Council approval of the Parcel Map. A Faithful Performance Warranty Bond for the completed work was posted and accepted by the City Council on December 18, 1990. The one-year warranty period has passed with no maintenance required. Therefore, it is appropriate to release the Faithful Performance Warranty Bond. The affected street is a portion of Ynez Road. The Subdivision Monumentation has been completed to the satisfaction of City staff, and the Department of Public Works recommends the release of the Subdivision Monumentation Bond. Attachments: Vicinity Map -2- pwO1~agdrpt~92\0414\23430 040392 ITEM 19 APPROVAL iITY ATTORNEY TO: FROM: DATE: SUBJECT: PREPARED BY: CITY OF TEMECULA AGENDA REPORT City Council/City Manager /1/~De ar Public: Works Parcel Map No. 26766 Kris Winchak RECOMMENDATION: That the City Council APPROVE Parcel Map No. 26766 subject to the Conditions of Approval. DISCUSSION: On January 26, 1988, the Riverside County Board of Supervisors approved Tentative Tract Nos. 22715 and 22716, within the boundaries of Specific Plan No. 199 ( Margarita Village). On April 17, 1991, the applicant filed Tentative Parcel Map No. 26766 along with Substantial Conforrrmnce No. 17, in order to process the requests concurrently. Tentative Parcel Map No. 26766 proposes to subdivide the subject 10. 81 acre site into one ( 1 ) single family residential parcel containing approximately 8,276 square feet (0.19 acres) and one (1) open space parcel containing 10.62 acres. The subject 10. 81 acre site had been previously designated as an open space lot for Tract No. 22715 within Planning Area 13 of Specific Plan No. 199. Through Planning approval of Substantial Conformance No. 17, this allowed the exchange of one (1) dwelling of density from Planning Area 14 to Planning Area 13 of Specific Plan No. 199. 1 ATTACHMENT 1 DEVELOPMENT FEE CHECKLIST On May 9, 1991, Tentative Parcel Map No. 26766 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. In addition, the DRC determined that, combined with Substantial Conformance No. 17, the project is consistent with Specific Plan No. 199· The DRC had forwarded a recommendation of approval subject to conditions. The City Planning Commission approved Tentative Parcel Map No. 26766 on May 20, 1991. The following fees have been paid (or deferred) for Parcel Map No. 26766: * Area Drainage Fees * Fire Mitigation Fees * Traffic Signal Mitigation * Stephen's K-Rat Fees- |Must be paid) $ 1,980.81 $ 400.00 $ 150.00 $ 21,079.50 The following bonds have been posted for Parcel Map No. 26766: Faithful Other Labor and Performance Bonds Materials Streets and Drainage $ -0- '0- Water -0- '0- Sewer -0- '0- Survey Monuments -0- SUMMARY: Staff recommends that City Council APPROVE Parcel Map No. 26766, subject to the Conditions of Approval. AC:mph Attachments: 2. 3. 5. 6. Development Fee Checklist Location Map Copy of Map Planning Commission Staff Report Conditions of Approval Fees and Securities Report 2 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST Parcel NImp No. 26766 The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan I K-Rat) Parks and Recreation [ Quimby ) Public Facility Condition of Approval Condition No. 11 a. NIA Condition No. 28 Traffic Signal Mitigation Condition No. 30 Fire Mitigation Riverside County Fire Dept. Letter Dated 9-1-87 Flood Control {ADP) Public Library Mitigation Regional Statistical Area (RSA) Staff Findings: Condition No. ~1 '. Condition No. 20a. NIA Staff finds that the project will be consistant with the Cityis General Plan once adopted. The project is a part of Specific Plan 199. ATTACHMENT 2 LOCATION MAP 'PROJECT Location Map ATTACHMENT 3 COPY OF FINAL MAP li ATTACHMENT PLANNING COMMISSION STAFF REPORT STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION May 20, 1991 Case No.: Tentative Parcel Map No. 26766 Prepared By: Oilvet Mujica Recommendation: ADOPT Resolution No. 91- approving Tentative Parcel Map No. 26766. APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCAT ION: EXISTING ZONING: SWAP DESIGNATION: SURROUNDING ZONING: PROPOSED ZON I NG: EXISTING LAND USE: SURROUNDING LAND USES: BACKGROUND: Bedford Properties Robert Be/n, William Frost S Associates Subdivide 10.81 acres into one (1) single family residential parcel and one (1) open space parcel. South side of Rancho California Road, between Butterfield Stage Road and Vintage Hills Drive. Specific Plan No. 199 (Margarita Village) Specific Plan North: SP 199 South: SP 199 East: SP 199 West: SP 199 Not applicable; Model Home Parking Lot/Open Space North: Single Family Residential South: Single Family Residential East: Single Family Residential West: Single Family Residential On January 26, 1988. the Riverside County Board of Supervisors approved Tentative Tract Map Nos. 22715 and 22716. within the boundaries of Specific Plan No. 199 (Margarita Village). Tentat/ve Tract Map No. 22715 created 109 residential lots, with a minimum lot size of 7,200 A: PM26766 I ~ PROJECT DESCRIPTION: ANALYSIS: square feet, and 3 open space lots totaling lq.3 acres. Tentative Tract Map No. 22716 created 175 residential lots, with a minimum lot size of ~.900 square feet, and 2 open space lots totaling 1.6 acres. On April 17, 1991, the applicant filed Tentative Parcel Map No. 26766 along with Substantial Conformance No. 17, in order to process the requests concurrently. On May 9, 1991, Tentative Parcel Map No. 26766 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. In addition, the DRC determined that, combined with Substantial Conformance No. 17. the project is consistent with Specific Plan No. 199. The DRC has forwarded a recommendation of approval subject to conditions. Tentative Parcel Map No. 26766 proposes to subdivide the subject 10.81 acre site into one (1) single family residential parcel containing approximately 8,276 square feet (0.19 acres) and one (1) open space parcel containing 10.62 acres. The proposed subdivision has been designed in accordance with the standards of the proposed R-1 (One-Family Dwelling) zone, as well as Ordinance Nos. 3~8 and ~60. The subject 10.81 acre site has been previously designated as an open space lot for Tract No. 22715, within Planning Area 13 of Specific Plan No. 199. As mentioned in the Staff Report for Substantial Conformance No. 17, the applicant is proposing to exchange one (1) dwelling unit of density from Planning Area 1~ to Planning Area 13 of Specific Plan No. 199. Consequently, the applicant has submitted Tentative Parcel Map No. 26766. Planning Area 1~ encompasses Tract 22716 which is comprised of five phases all of which are recorded maps. The Specific Plan allows for 175 dwelling units within Planning Area 14. Planning Area 13 encompasses Tract 22715 in which all phases have also been recorded. The Specific Plan allows for 109 dwelling units within Planning Area 13. The dwelling unit count for these two planning areas totals 284. -- A: PM26766 2 SPECIFIC PLAN/. GENERAL PLAN CONSISTENCY: ENVIRONMENTAL DETERMI NAT ION: FINDINGS: As a part of the Comprehensive Landscape Plan for Vintage Hills, Lot No. I (an approved buildable lot) was extensively landscaped and dedicated to the Homeowners Association as a community entry area and is now designated as an unbuiidable lot. This lot will remain as an open space/landscape feature of the Vintage Hills community. The new dwelling unit total for Planning Area 13will be 110 units, and 17q units for Planning Area lq. The combined total for the two areas has not changed. Therefore, Staff has determined that the request exchange of one lot between Planning Areas 13 and 1~ is in substantial conformance with Specific Plan No. 199. Combined with an approval of Substantial Conformance No. 17, the proposed project is consistent with the density and Land Use designations of Planning Areas 13 and 1~ of Specific Plan No. 199. In addition, Staff finds it probable that this project will be consistent with the new General Plan when it is adopted. This project is categorically exempt from environmental review under Section 15315 of the California Environmental Quality Act, which includes minor land divisions. The proposed Parcel Map. will not have a significant negative impact on the environment, due to the fact that the project involves only a minor division of land and is Class 15 Categorically Exempt. There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time, due to the fact that the project is consistent with the surroundingcurrentresidentiaidevelopment- 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, due to the fact that the project is consistent with surrounding development. A: PM26766 3 The proposed use complies with State planning and zoning law, due to the fact that the project conforms to the current zoning for the site and to Ordinance No. q60, Schedule A. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access, and density, due to the fact that-the project has access to public roads and a specific plan will be implemented with this project. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially 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 due to the fact that the lot is large enough to provide sufficient southern exposure. All lots have acceptable access to existing and proposed dedicated rights-of-way which are open to, and are useable by, vehicular traffic, access is provided from Ca!le Reseca. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project as conditioned. The project will not interfere with any easements. 10. The lawful conditions stated in the project's. Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. 11. That said findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. -- A: PM26766 ~ STAFF RECOMMENDATION: ADOPT Resolution No. 91' Parcel Map No, 26766. albproving Tentative OM:ks Attachments: Resolution conditions of Approval Exhibits Large Scale Plan A: PM26766 5 '~ RESOLUTION NO. 91- MAP NO, 26766 TO SUBDIVIDE A 10.81 ACRE PARCEL INTO TWO (2) PARCELS LOCATED ON THE SOUTHWEST CORNER OF RANCHO CALIFORNIA AND BUTTERFIELD STAGE ROADS AND KNOWN AS ASSESSOR~S PARCEL NOS, 9q.6-170-017 AND 020, WHEREAS, Tayco filed Tentative Parcel Map No. 26766 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said iParcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Parcel Map on May 20, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission approved said Parcel Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE,. DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findin{is. 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 ;:ity 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. - A: PM26766 6 b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP" ) was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Parcel Map is consistent with the SWAP and meets the requirements sat 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 Tentative Parcel Map No. 26766 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) c) Thereis little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. (1) Pursuant to Section 7.1 of County Ordinance No. q60, no subdivision may be approved unless the following findings are made: a) That the proposed land division is consistent with applicable general and specific plans. A: PM26766 7 " b) c) That the design or improvement of the proposed land division is consistent with applicable general and specific plans. That the site of the proposed land division is physical ly suitable for the type of development. d) That the site of the proposed land division is physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. g) That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. (2) The Planning Commission in recommending approval of the proposed Tentative Parcel Map, makes the following findings, to wit: a) The proposed Parcel Map will not have a significant negative impact on the environment, due to the fact that the project involves only a minor division of land and is Class 15 Categorically Exempt. b) There is a reasonable probability that this project will be consistent with the General Plan being prepared at this time, due to the fact that the project is consistent with the surroundingcurrentresidential development o A: PM26766 8 c) d) e) f) g) h) i') j) 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, due to the fact that the project is consistent with surrounding development. The proposed use complies with State planning and zoning law, due to the fact that the project conforms to the current zoning for the site and to Ordinance No. ~60, Schedule A. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configurations, access. and density, due to the fact that the project has access to public roads and a specific plan will be implemented with this project. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially injure fish or wildlife or their habitat o The design of the subdivision is consistent with the State Map Act in regard to future passive energy control opportunities due to the fact that the lot is large enough to provide sufficient southern exposure. All lots have acceptable access to existing and proposed dedicated rights-of-way which are open to. and are useable by. vehicular traffic, access is provided from Calle Reseca. The design of the subdivision, the type of · improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project as conditioned. The project will not interfere with any easements. The lawful conditions stated in the project's Conditions of Approval are deemed necessary to protect the public health, safety and general welfare. A: PM26766 9 '~ k) That said findings are supported by minutes, maps, exhibits, and environmental documents associated with these applications and herein incorporated by reference. E. As conditioned pursuant to SECTION 3, the Parcel Map proposed is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. That the City of Temecula Planning Commission hereby finds that Tentative Parcel Map No. 26766 is categorically exempt .from environmental review under Section 15315 of the California Environmental Quality Act. SECTION 3. COnditions. That the City of Temecula Planning Commission hereby approves Tentative Parcel Map No. 26766 for the subdivision of a 10.81 acre parcel into two ( 2 ) parcels located on the Southwest corner of Rancho California and Butterfield Stage Roads subject to the following conditions: A. Exhibit A, attached hereto. SECTION PASSED. APPROVED AND ADOPTED this 20th day of May, 1991. DENNIS CHINIAEFF CHA I RMAN 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 20th day of May, 1991 by the following vote of the Commission: AYES: NOES: PLANNING COMMISSIONERS PLANN IN(:; COMMISSIONERS ABSENT: PLANNING COMMISSIONERS A: PM26766 10 ATTACHMENT 5 CONDITIONS OF APPROVAL CITY OF TEMECULA ,CONDITIONS OF APPROVAL Tentative Parcel Map No: Project Description: Assessor~s Parcel No.: 26766 Subdivide 10.81 acres into two (2) parcels. 946-170-017,020 Plannincl Del~artment 1. 5: The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance ~60, Schedule A, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. This conditionally approved tentative map will expire two years after the approval date, unless extended as provided by Ordinance 460. Any delinquent property taxes shall be paid prior to recordat(on of the final map. Legal access as required by Ordinance ~60 shall be provided from the tract map boundary to a City maintained road. 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. All proposed construction shall comply with the California institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. Lots created by this subdivision shall comply with the following: a. Lots created by this subdivision shall be in conformance with the development standards of the R-1 (One-Family Dwelling) zone. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Director. - A: PM26766 11 o 10. 11. 12. 13. 15. Prior to recordalien of the final map, an Environmental Constraints Sheet |ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the ,City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies 'of the recorded final map to the Planning Department and the Department of Building and Safety. The following note shall be placed on the Environmental Constraints Sheet: "This property is located within thirty 130) miles of Mount Palernat Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palemar Observatory recommendations. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: Unless previously paid, prior to the issuance of a 9reding permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. The subdlvider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 26766, which action is brought within the time period provided for in California Government Code Section 66~99.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. if the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend,-.indemnify, or hold harmless the City of Temecula. All utility systems including gas, electric, telephone, water,'-~ewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provided, Telephone, cable TV, and/or security systems shall be pre-wired in the residence. Pf~er-t~: ~.-o, duti~fr-;ef-the-Fh~aI-Map~-the-defetePrer'hi~ as~i~, ,~- cord;orm-~rthe-~: J~tt ict -~tl~lby.-(3rd~e~te~,-tlnl&ss fewifed i-~suaf~ce~~i,,v H-, ,,,~t. ( Deleted by Planning Commission May 20, 1991 ) All utilities, except electrical lines rated 33kv or greater, shall be installed underground. A: PM26766 12 16. 18. 19. 2b. The Covenants, Conditions and Restrictions (CCSR~s).shall be reviewed and approved by the Planning Department prior to final approval of the tract maps. The CCF, R's shall include liability insurance and methods of maintaining the open space. No lot in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed wit.l? the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CCSR's which shall include compulsory membership of all owners of lots and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CCSR~s shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. Every owner of a lot shall own as an appurtenance to such lot, either | 1 ) an undivided interest in the common areas and facilities, or |2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. Maintenance for all landscaped and open areas, including parkways, shall be provided for in the CCSR's. Prior to the issuance of BUILDING PERMITS, the following conditions shall be s at i sfi ed: a. 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 Iot/unlt shall be deposited with the City as mitigation for public library development. b. 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. c. 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. d. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval, A: PM26766 ' 13 21. Building separation between all buildings excluding fireplaces shall not be less than ten (10) feet. All street side yard setbacks shall be a minimum of ten (10) feet. Front yard shall be provided with landscaping and manually operated underground irrigation system. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such tim as those operations are the responsibilities of other parties as approved by the Planning Director. 22. Prior to the issuance of OCCUPANCY PERMITS the following conditions shall be satisfied: a. All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection. 23. The applicant shall comply with all Conditions of Approval as set forth in Specific Plan 199 and Tract Map No. 22715 as they relate to Tentative Parcel Map No. 26766 and the development of Planning Area 13. Enc~ineerincl DelDartment 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. I;~ is understood that the Developer correctly shows all existing easements, travelec' ways. and drainage courses, and their omission may require the project to be resubmitted for further consideration. 2~. The Developer shall comply with the State of California Subdivision Map Act, and all applicable City Ordinances and Resolutions. 25. The final map shall be prepared by a licensed land surveyor or registered Civil Engineer, subject to all the requirements of the State of California Subdivision Map Act and Ordinance No. ~60. PRIOR TO RECORDATION OF THE FINAL MAP: 26. As deemed necessary by the City Engineer of his representative, the developer shall receive written clearance from the following agencies: m m 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; A: PM26766 lq - CATV Franchise; and - Parks and Recreation Department. 27. Easements, when required for roadway slopes, landscape easements, 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. 28. The developer, or the developerJs successor, shall execute a current Public Facilities Agreement' with the City of Temecula which provides for the payment of the sum of money per residential unit then established by Resolution of the City Council, prior to the issuance of any building permits for any individual lots. 29. The street design and improvement concept of this project shall be coordinated with adjoining developments. 30. Prior to recordation of the final map, the developer shall deposit with the Engineering Department a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. 31. 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 ~00 and qO1 | curb sidewalk ). 32. All driveways shall be located a minimum of two {2) feet from the property line. 33. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. The subdivider shall submit two (2) copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. 35. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 36. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e. , concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. 37. 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. A: PM26766 15 PRIOR TO ISSUANCE OF GRADING PERMITS: 38. 39, Prior to any work being performed in public right-of-way, fees shall be paid and in encroachment permit shall be obtained from the City Engineer~s Office. 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. All lot drainage shall be to the street by side yard drainage swales independent of any other lot. 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 q.2. TO BUILDING PERMIT: 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 compactlon and site conditions. 43. 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 rough grading plan· - PRIOR TO ISSUANCE OF CERTIFICATES OF.OCCUPANCY: q~4. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. 45. 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 EIRINagative Declaration for the If an interim project, in the amount in affect at the time of payment of the fee. 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 proteat such increase. A: PM26766 16 DATE: :;arc,~ 'i, ': CEP/Eb A." ? ._,. 1988 RE: TENTATIVE TRACT HAP NO, 22715 CX E, A, NI/dBER: 31;..-47 REGIONAL TEAH NO, ! Dear Applicant: The Riverside County Board of Supervisors has taken the following action m the above referenced tentative tract map at its regular meeting of januaCy 26, 198j · XX APPROVED tentative mp subject to the attached conditions. DENIED tentative map based on attached findings. APPROVED withdrawal of tentative rap. The tract map has been found to be cmsistent with all pertinent elements of the Riverside County General Plan and is in cempliance with the California Environmental Quality Act of 1970. ne p, uj.-t will not have a significant effect on the environment and a Negative Declara ion has te dopted. A conditionally ~ppr ' d tentat~e"~"{ract map shall expire months after the approval at ~ r~it'Prior to the expiration d-': '"v~f]~iyJ"~pl~..~_~i '~" f yfor an extensi er. ' time. Application shall . ~e Plan~l ':s~ (30) days prior to the expiration date of the ten .... "]~rlBi~rr~ ~)'~a~ extend the period for one year and upon further ap atien'a sccond and a thiPd yoar.' __.._,truly yours, Very RIVERSIDE COUNTY PLANNING DEPARTMENT RogeF S. Streeter, Planning Director 3_!~_.'.,' FILE- WHITE Mch~'r,": J.~.~.~c;:ott, Supervising Planner APPLICANT - CANARY ENGINEER - PINK 295-39 fitmr. loll3) 4080 LEMON STREET. 9TM FLOOR RIVERSIDE. CALIFORNIA 92501 (714) 787-6181 46-209 OASIS STREET. ROOM 304 INDIO. CALIFORNIA 92201 (619) 342-8277 PINKS .4JBI~TTAL TO 1HE BOARD OF SUPER'~. COUNTY OF RIVERSmE, STATE OF CAMFORNL~ FROM:The Plahntng Depart;Bent SUBMITTALDATE~ December 16, 1987 SUBJECT: CHANGE OF ZONE N0. 4982, TENTATZVE TRACT N0'S 22715 and 22716 - Robert Beth, Mtlltam Frost & Associates - First Supervisoria] District - Rancho California Area - 121.8 Acres - 289 Lots - Schedule A - RECOMMENDED NOTION: Zonfng Request: Change of Zone from R-R to R-l, 'R-2, and C-1/C-P. The Planntng Comtsston and Staff recamend: ADOPTION of the N~gattVe Beclaratton for Environmental Assessment No. 31847 based on the findings Incorporated tn the environmental assessment and the conclusion that the .proposed project u111 not have a s_tgntftcant effect on the environment; and DENIAL of Change of Zone No. 4982 from R-R to R-l, R-2, and C-1/C-P in accordance with Exhtbtt 2, based upon the flndtngs and conclusions Incorporated tn the Planntng Cemisston mtnutes dated November 18, 1987; and, ~. APPROVAL of Change of Zone No. 4982 from R-R to R-l, R-2, R-5, and C-1/C-P tn accordance.With Exhtbtt 4, based upon the findings and conclusions incorporated tn the P]anntng Comtsston mtnutes dated Noveeber 18, 1987; and,, APPROVAL of Tentative Tract No. 22715 sub~iect to the attached conditions° base on the findings and conclusions Incorporated tn the Planning Cemtsston mtnutes dated November 18, 1987; and, APPROVAL of Tentative Tract No. 22716 subject to the attached conditions, based on the findings and conclusions Incorporated in the Planning ConBisston minutes dated November 18o.1987. LL:me 12-16-87 Rog e~tree ter; P1 anni n~ relekcx't~Fr ' Prey. Agn. ref. Depts. Comments Dist. AGENDA NO. RIVERSIDE COUNTY PLANNING CO!~ISSI~ HINUTES NOVEMBER 18, 1987'* (AGENDA ITEM 7'9 - REEL 961 - SiDE I - 2616-End; SIDE 2 - 000-200) CHANGE OF ZONE 4982 - EA 31847 - Beth/Frost and Associates - Rancho California Area - First Supervisortel District - 121.8~ acres, south of Pancho California Rd, between Kaiser Parkway and Butterfield Stage IM - R-R to R-l, R-2 and C-l/C-P, etc. TRACT 22715 - EA 31847 - liein/Frost and Associates - Pancho California Area - First Supervisortel District - south of Rancho california Rd, between Kaiser Parkway and Butterfield Stage Pal - 109 residential lots/3 open space lots - 61.5s acres - Schedule A TRACT 22716 - EA 31847 - !~tn/Frost and Associates - Rancho California Area - First Supervisortel D~strtct - south of Rancho California Rd, between Kaiser Parkway and Butterfield Stage Rd - 175 residential lots/2 open space lots - 48,5~ acres - Schedule A , The hearings were opened at 3:15 p.m. and closed at 3:30 p.m. STAFF REC(II4ENDATION: Adoption oft he negattve declaration for EA 31847, P dental of Change of Zone Case 4982 from R-R to R-l, R-2 and C-l/C- , but approval of Change of Zone Case 4982 from R-Rte R-l, R-2, R-5 and C-1/C-P tn accordance rich Exhibit 4, and approval of Tentathe Tract leaps 22715 and 22716 subject to the proposed conditions. The project site was located w4thin Planning Area 13 of Specific Plaan 199, which calTed for low density family oriented housing. Staff felt the-proposed project ms consistent.with the spectftc plan and compatible wtth the surrounding area, which contained single family residences, a horse ranch, a substation, a vineyard, and vacant lands. Although staff supperted the proposed zone change, they felt the open space areas should be zoned R-5. Its. Mktns recomended the following changes to the conditions Tract 22715: ' 19(a} - Amend to read "Prior to the issuance of building permits" instead of "Prior to the issuance of grading permits". . 20(g) - Amend to read "All front.yards shall be provided with landscaping and mnually operated permanent underground irrigation." Tract 22716: % " Add Condition 17(f) to read: M1 lots shall be graded so as to dra~n to a coneon drainage swale located between the non-entry side of adjacent lots, If drainage to both sides of a lot is proposed, each lot so graded shall be provided with side yard drainage swales independent of any other lot. Drainage ptpes may be utilized as approved by the Director of Building and Safety. - Amend to read "Prior to the issuance of building permits" (not prior to the issuance of grading pemtts). 21(g) - All front yards shall be provided with landscaping and manually operated permanent underground irrigation. 40 RZVERSZDE COUNTY PLANN]:NG COte4ZSSXON IqZNUTES NOVEHBER 18, 1987--. Cemissioner Purvtance requested that consideration be given to a posstble review of Ordinance 348 as tt related to the R-2 zone. He ms particularly concerned about the density &lloed under this zone, and pointed out that allowed these very small lots vithout the controls Drovtded under the R-6 zone. Even vith the prtce control available to the County to make these homes affordable to worktrig people, the mintmum lot stze allowed under the R-6 zone tn the Horeno Valley had been Increased from 3600 to 5000 square feet. The subject project proposed 4900 square foot lots and there ms ,o prtce control even though homes were needed by worktrig people In the Rancho California area. Comtsstoner Purvtance ms very concerned about the dens?ties which had been approved for these specific plans, although he realtzed they appeared to represent a coen~tment by the County. Cmmtsstoner Purvtance recommended that the areas proposed for C-1/C-P be zoned C-P-S tnstead~ although not officially designated as an eltgtble scenic htghway, Rancho California ,ets currontly a very scenic road which he felt should he protected w~th the .C-P-S zone. Zt ms Co~tsstoner Bresson's understendtng that the protection of scentc ht hways was 1tatted to the freeways. Coffntsstoner Purrlance agreed that ~ncho California Road would probably never be designated as a scenic highway. but he st111 felt tt should be protected-because of the extsttng scentc values. Commtss?oner Bresson referred to Co,~tsStoner Purvtance's co,~ents rogardtng the R-2 and R-6 zones. and stated. he felt the selling price of the R-2 home reflected the stze of the lot; the R-1 lots would he prtced higher than lots. He felt the R-2 homes would help Riverside County to meet the State on the selling prices of these homes. Ken Cook, representing the applicant, advised they had not as yet estebl~shed prices for these homes, but there would !~ a significant d~fference betNeen the selling prices for the Rol and R-2 homes. He thought ~n their current sales program for an identical pro~4ect, the homes ware sell(rig for approximately $85,000. Commissioner Purrlance did not feel this price was affordable for ~orktng people. !qr. Cook requested that Condition tB(a) for Tract 22716 be amended to read · All dwellings shall be provided with roof gutters and downspouts where necessary, to discharge runoff onto the d~elling's underlying property. He thought this would address staff's concerns, but not require the downspouts and gutters for all houses.. Nr, Streeter referred to the field trip made by the Cognisston the previous wek, which he felt clearly demonstrated that ~ater running of the caves needed to be controlled on the smaller lots the water running off the caves. Commissioner Bresson stated he thought the condition should not he changed. Lee Johnson requested that the Road Department conditions be amended by adding the requirement for street lights ~n accordance with Ordinances 460 and 461. 41 RIVERSIDE COUNTY P!.N~NING COHHISSTON MIlt~S NOVEIqBER 18, 1987~- There being no further testimony, the hearing was closed at 3:30 p.m. FXNDZNGS AND CONCLUSZONS: Change of Zone4g8Z ts an application to change the zontng on 121.8 acres from R-R to R-1 on 61.5 acres, R-2 on 48.5 acres, and .C-1/C-P on 11,8 acres; TontattVe Tract 22715 ts an application to subdivide 61,5 acres tnto 112 lots (109 residential and 3 open space lots) for a density of 2.47 dwelllng untts per acre; Tentative Tract22716 ts an application to subdivide 48.5 acres into 177 lots (175 residential and 2 open space lots) for a denstry of 3.73 dwelltrig units per acre; the subject stte ts vacant, with surrounding land uses being single famtly residences, a horse ranch, a substation, a vtneyard and vacant land; the subject stte and a vast amount of the surrounding area are currLmtly zoned R-R; other zoning designations tn proximity to the stte include R-I, A-1-10, A-2-10, R-A, R-A-2~and R-A-5; the project site falls within the Wlargartta Village $pectfic Plan (Specific Plan 199); and Tentative Tract 22715 ts located withtn Planntng Area 13 designated- as low density family oriented: housing (2-3 dwelltn units per acre vrith 106 · target" dwelltrig units); Tentative Tract 22716 ts Vocated t in wi h Planntng Area 14 designated as medium to lo~ denstry ~amily oriented housing (3-8 d~elltng units per acre with 17% "target" d~elltng units); R-5 zoning ts recoeeended on Lots 110, 111, and 112 within Tentative Tract 22715 and Lots 176 and 177 within Tentative Tract 22716 to reflect Intended open space use; and the 11.8 acre parcel in the northwest corner of the project site ts located within Planning Area 19 designated as comerctal. Conditions of appreval can adequately mitigate envtromentml concerns; the tentative tracts are designed in conformance with specific plan standards and Ordinances 460 and 348; the reco,mended zoning is consistent with the specific plan; and the proposed project will not have a significant effect on the environment. MOTION: Upon motion by Commissioner Bresson. seconded by Coenisstoner Beadling and duly carried. the Commission recomended to the hard of Supervisors adoption of the ne ative declaration for EA 31847, denial of Change of Zone Case 4982 from ~R to R-I,*R-2 and C-l/C-P, but'approval of Change of Zone Case 4982 from R-R to R-l, R-2, R-5 and C-1/C-P in accordance wi~h Exhibtt 4, and approval of Tentative Tract Maps22715 and 22716 subject to the proposed conditions, amended as follows, based on the above findings and conclust6ns and the recomnendations of staff. Tract 22715: % 19(a) - Amend to read "Pr!or to the tssuance of'building permits" instead of "Prior to the issuance of grading permits". 20(g) - Amend to read "All front yards shall be provided with landscaping and manually operated permanent underground irrigation." Tract 22716: Add Condition 17(f) to read= All lots shall be graded so as to drain to a coenon drainage swale located between the non-entry side of adjacent lots. If drainage to both sides of a lot is proposed. each lot so graded shall be provided with side yard drainage swales independent of any other lot. Drainage pipes my be utilized as approved by the Director of Butlding and Safety. 42 ** 't RIVERSIDE COUNTY PLANNING CONHISSION NINUTES NOVEMBER 18. 1987"- - Amend to road · rio to prior to the tssuance of grading permits). 21(g) - All front yards shall be provided w~th landscaping and mnually operated pernmnent underground irrigation. Amend the Road Department conditions for both tentat~vemps by eddtn the roquirement for street 11ghtS tn accordance ~ith Ordinances 460 and 4~1. ROLL CALL VOTE RESULTED AS FOLLOMS: AYES: Comtsstoners Beadling, Denahoe, Smith and Brosson NOES: Commissioner Purvtance (hlt the commercial zoning should be C-P-S instead of C-l/C-P) ABSENT: None 43 Zoning Area: Rancho California Superv'sorial District: First I E.A. Number: 31847 Regional Team No. One OIAltEOFZIIEIIO. 4982 TE!ITATZVETRACTNO, 22715 TERTATZVETRACTRO, 22716 C:) RIVERS]:DE :COUIT/RJilI]:IIG DI~ARlIBIT .%'rAFFEYORT 1. Appl icant: 2, Type of Request: 3. Location: .~- 4. Existing Land Use: 5. Surrounding Land Use: 6. Existing Zoning: 7. Surrounding Zoning: Comprehensive General Plan Designation: 9. Land Division Data: lO.a. Agency Recommendations Robert Beth, Mi!111am Frost & Associates Change -of zone flea R-R to R-l, R-2 and .C-I/C-P, one R-1 subdivision, and one R-2 subdivision Bordered by Rancho California Road, Botterfleld Stage Road, Rancho Vista Road, and Kaiser Parkway Graded and vacant land Single family residential, horse substation, vineyard, and vaunt land R-R, R-l, R-A, A-2-10 ranch, R-A-2as, R-A-5, A-1-10, and Open Space/Cons: Specific Plan 199 (Nargarita Village) Total Acreage: 121.8 Acres Total Lots: 289 Lots 284 Residential Lots 5 Open Space Lots CHANGE OF ZONE I10. 4982 See letter dated: Road: 8-24-87 Heal th: 8-21-87 Flood: 9-01-87 Fire: 9-01-87 TRACT 22715 See. letter dated: Road: 9-01-87 Health: 8-21-87 Flood: 9-15-87 Pire: 9-01-87 Nt, Palomar: 8-25-87 TRACT 22716 See letter dated: Road: 9-01-87 Heal th: 8-21-87 Flood: 9-14-87 F. ire: 9-01-87 Mr. Palomar: 8-25-87 CHANGE OF ZONE NO. 4982 TENTATIVE TRACT NO. 22715 TENTATIVE TRACT NO. 22716 Staff Report Page 2 lO.b.Tract Oata: 11. Letters: 12. Sphere ef Influence: TRACT 22715 R-1 I reCt 61.5 Acres 112 Total Lots 109 Residential Lots 3 Open Space Lots 2.47 Du/Ac 7200 sq. ft. mtn. lot stze TRACT 22716 K-Z '1 tact 48.5 Acres 177 Total Lots 175 Residential Lots 2 Open Space Lots 3.73 Du/ac 4900 sq. ft. mtn. lot stze Opposing/Supporting: None as of th¶s wrtttng Not wtthtn a ctty sphere J~ALYSIS Prefect Description The applicant ts proposing a change of zone and two Schedule *A' subdhtstons on a 121.8 acre stte tn: the Rancho California area. Bordered by Rancho California Road*to the north, Butterfield Stage Road to the east, Rancho Vtsta Road to the south, and Katser Parkway to the west, the enttre stte ts located wtthtn the boundaries of Spectftc Plan 199 (Rargartta Vtlla e). Thts spectftc plan was adopted by the Board of Supervisors on AUgust 26, ~986. Change of ~Zone No. 4982 ts an application to change the zontng on the 12i.8 acre stte from R-R (Roraq-Restdenttal) to R-1 (Stngle Faintly Residential) on 61.5 acres, R-2 (!qulttple Faintly !)welltngs) on 48.5 acres, and C-1/C-P (General Coff~erctal) on 11.8 acres. The 11:8 acre parcel proposed for comnerctal ts located tn the northwest corner of the pro~iect stte. Thts parcel was created through Parcel Nap 22513 - a "one-parcel" parcel map -whtch was approved at Dtrector's Heartng on June 19, 1987. Tentative Tract No, 22715 ts proposed for ~he 61.5 acre R-1 stte on the eastern portton of' the project stte. The tract .ts a Schedule "A" subdlvlston, creattng 109 residential lots wlth a mtntmum lot stze of 7200 square feet. In addition, three (3) open space lots are proposed, rangtng tn stze from 2.8 acres of open space to 11.5 acres of open space and park. CHANGE OF ZONE NO. 4982 TENTATZVE TRACT NO. 22715 TENTATTVE TRACT NO. 22716 Staff Report Page 3 Tentative Tract No. 22716 ts proposed for the 48.5 acre R-2 stte located west of Tract 22715. The tract ts a Schedule "A" subdivision, creattng 175 residential lots wlth a mtntmUm lot stze of 4900 square feet. In addition, two (2) open lots are proposed for parks rangtng tn stze from .4 acre to 1.2 acres. Land Use/Zo~tma The slte ls part of the Ma'rgartta Ytllage Spectftc Plan (Specific Plan No. 199). The Spectflc Plan, which ts composed of residential and cormerctal land uses Including recreational open space and community uses, Incorporates a large area generally north/northeasterly of the subject property. The subject stte ts currently vacant, as are most of the properties that surround the site. The 1.8 acre parcel In the northwest corner of the stte has been graded as part of th underlying Parcel Map No. 22513. Some scattered stngle faintly res dences can I~e found outstde the Spectftc Plan boundary to the t northeast, southeast, and southwest. In addition, stngle family homes (Tract No. 20879), are under construction 1fledlately north of the stte across Rancho California Road. There ts also a lone horse ranch adjacent to the north. 'A vineyard can be found northeasterly of the project area, also along Rancho Ca1 tfornta Road. The-subject stte and--adjoining properties to the south, west, north, and northeast are zoned R-R. A-1-10 and R-A-2~ zontng can be found to the east, along wtth R-1 zoning to the north. Other zontng designations tn proximity to the property are R-A, R-A-5 aed A-2-10. Wtthln Speclftc Plan 199, a total of 3,650 residential dwelltng untts are proposed on a 1275.5 acre gtte. Already tracts and corresponding changes of zone have been approved. On the 283 acre slte adjacent to the east, 459 R-1 lots and 327 R-2 lots are slated for development. Tentative Tracts 21672, 21673, 21674, and 21675, along wtth Change of Zone 4742, were approved by the Board of Supervisors on March 31, 1987. The change of zone wtll change the slte's current R-R zoning to R-l, ~-2, R-2-5000, and R-5. Env'ironmental Analysts Major environmental tssues were analyzed and wtthln Envtromnental /mpact Report No. 202, Spectfic Plan 199. Acoustical analyses were mitigation measures proposed prepared tn conjunction wtth prepared for each tract tn consequence to this report. Mitigation to reduce noise levels will be Incorporated tn product design and conditions of approval. The tntttal study conducted for Environmental Assessment No. 31847 found that environmental tssues assoclated wtth the proposed tracts and change of zone were adequately addressed tn the E.I.R. and dtd not tndtcate additional environmental impacts. ./' It CHANGE OF ZONE NO. 4982 TENTATIVE TRACT NO. 22715 TENTATIVE TRACT NO. 22716 Staff Report Page 4 TENTAtiVE TRACT e0, 22715 Tentative Tract No. 22715 Is'located wtthtn "Planning Area 13" of the Ftargartta Vt]lage Spectflc Plan. "Planning Area 13" ts designated as low denstry famt]y oftented houstng. Based on 47.4 net acres and an asstgned denstt range of 2 to 3 dwelllng untts per acre, "Planning Area 13" ls asslgned a to~al of 106 N "target" dwelltrig untts, not to exceed 142 dwelltng unlts. ( ore: The total number of "target" dwelltrig Unlts ls based 'on the medlan density.} Tentative Tract No. 22715 ts proposing 109 "R-l" residential lots, each a mintmum of 7200 square feet. ~tle the proposed tract exceeds the total number of "target" dwelltrig unlts for Plannlng Area 13 by 3 lots, It ts well wtthtn the parameters of the assigned denstry at 2.47 dwelltrig untts per acre and well under the mxlmum number of dwelllng untts for the category of land use. The proposed tract wtll also provtde 3 open space lots, Lot 110, wtth 3.1 acres, and Lbt 111, wtth 2.8:acres, are des1 nated as "open space", whereas Lot 112, wtth 11.5 acres, ts designated'as a par~ and open space. Lot 112 also tncludes a 10 foot wt'de horse tretl easement, as requtred by the Spectftc Plan. The prtvate coenon open space wtll be devoted to passtve open space use. In a famtly oriented area, such as Planntng Area 13, thts may tnclude facilities for ptcntctng, chlldren's play areas, and small lot sports such as volleyball and basketball. The exact design and layout of the open space facilities for Tentative Tract No. 22715 tsbetng requested as part of the conditions of approval. TENTATIYE TRACT NO. 22716 Tentative Tract No. 22716 ls located wtthtn "Planning Area 14" of the Hargartta Vt]lage Spectftc Plan. "Planning Area 14" ts designated as medtum to low . denstry famtly oriented h0ustng. Based on 38.1 net acres and an assigned density ran e of 3 to 8 dwel!tng units per acre, "Planning Area 14" ts asstgned a total o~ 171 "target" dwelllng unlts, not to exceed 305 dwelltng units. (Note: The total number of "target" dwelltng untts ts based on medtan density.) Tentative Tract No. 22716 ts proposing 175 "R-2" resfdenttal lots. 14htle the proposed tract exceeds the total number of "target" dwelltng untts for Planning units for the category of land use. The mtntmum lot stze for the proposed tract ts 4900 square feet. The maxtmum lot stze ts 26,510 square feet. There are 6 different floor plans, with each plan havtng 3 e]evattons and tn some cases 4. The smallest house ts 845 square feet; the largest ts 1636 square feet. The project ts tn conformance wtth 0rdtnance 348 as tt relates to development tn the R-2 zone. CHANGE OF ZONE NO, 4982 TENTATZVE TRACT NO. 22715 TENTATZVE TRACT NO. 22716 Staff Report Page 5 In addition, Tentative Tract No. 22716 ts proposing 2 open space lots. Lot 176, vrith ,4 acres, and Lot 177, wtth 1.2 acres, are both designated as park sttes. These park sites wtll be devoted to passive open space use. In a may tnclude fact1 t es f famtly oftented area, such as'Planning Area 14, thts t I or ptcntctng, chtldren's play areas, and small lot'sperts such as volleyball and basketball. A 10 foot w~de horse trat1 easement ts also betng provtded along Rancho California Road at thereat of Lots 153, 154, 155, 156, and 157, as required by the Spectftc Plan. The exact destgn and layout of the open space facilities and horse trail easement for Tentative Tract No. 22716 are being requested as part of the conditions of approval. CHANGE OF ZONE NO. 4982 Change of Zone No. 4982 wtl~ provtde the appropriate zontng dest nations the project sttes to Implement development of Tentative Tract Nos, 2~715 and ~716. However, Staff would recommend that R-5 zoning (Open Area Combtnlng Zone - Resldentta3 Developments) be placed on Lots 110, 111, and 112rlthtn Tentative Tract 22715 and Lots 176 and 177 within Tentative Tract 22716 to reflect the threaded open space use; the remainder of those tracts to be zoned as requested. Ftnally, therequested C-1/C-P zoning on the 11.8 acre parcel tn the northwest corner of the project area ts consistent vrith the Spectftc Plan. The stte ts located w~'thtn "Planning Area 19" which is designated as a commercial stte. COtlCLUSION Change of Zone No. 4982 wtt~ the recommended changes and Tentative Tract Nos. 22715 and 22216 are consistent wtth the tateat of the Flargartta Vtllage Specific Plan No. 199. Those pro~ects found consistent wtth the Spectftc Plan may be considered consistent 'with the General Plan. Zn addition, the proposed project conforms to the applt~cable requirements of Ordinances 348 and 460. The project ts compatible wtth area development. CHANGE OF ZONE NO. 4982 TENTATIVE TRACT NO. 22715 TENTATIVE TRACT NO. 22716 Staff Report Page 6 1. Change of Zone No. 4982 ts an application to chane the zontn acres from R-R to R-1 on 61.5 acres, R-2 on 4~,5 acres, an3 11.8 acres, on 121.8 C-1/C-P on Tentative-Tract No, 22715 ts an application to subdivide 61,5 acres tnto 112 Lots~"(109 residential/3 open space) for a denstry of 2,47 dwelltng untts per acre. Tentative Tract No. 22716 ts an application to subdivide 48.5 acres tnto 177 lots (175 residential/2 open space) for a denstry of 3.73 dwelltng untts per acre. The subject stte ts currrently vacant wtth surroundtn land uses betng stngle famtly residences, a horse ranch, a substation, a vineyard, and vacant land, The subject stte and a vast amount of the surrounding areas are currently zoned R-R. Other zontng designations tn proximity to the site tnclude R-l, A-1-10, A-2-10, R-A, R~A-2~, and R-A-5, 6. The project stte falls wtthtn the Pargartta Vtllage Spectftc Plan area. (Specific Plan No, 199). Tentative . Tract No. 22715 ts located wtthtn "Planning Area 13" designated as low density famtly oftented housing (2-3 Du/Ac); 106 "target" dwelltrig units. 8. Tentarty. Tract No. 22716 ts located ~thtn "Planning Area 14" designated as medium to low density famtly 'oriented houstng (3-8 Ou/Ac}; 171 "target" dwelling untts. R-5 zoning ts recommended on Lots 110, 111, and 112 wtthtn Tentatlve Tract No. 22715 and Lots 176 and 177 wtthin Tentathe Tract No. 22716 to reflect tntended open space use. 10. The 11.8 acre parcel in the northwest corner of project site is located within "Planning Area 19" designated as "conrnerctal". CONCLUSIONS 1. Conditions of approval can adequately mtttgate environmental concerns. 2. The tentatlve tracts are destgned tn conformance wtth Spectftc Plan standards, Ordinance 460, and Ordinance 348. CHANGE OF ZONE NO. *4982 TENTATTVE TRACT NO. 22715 TENTATTVE TRACT NO. 22716 Staff Report Page 7 3. The recommend zontng ts consistent with the Spectftc Plan and appltcant's request, IECI:31~E]IMTIOlIS ADOPTZON of the Negatlve Oeclaratton for Environmental Assessment No. 31847, base upon the findings' tn the tnlttal study and the conclusion that the propose project will not have a significant effect on the environment; and DENIAL of Change of Zone No. 4982 from R-R to R-l, R-2, and C-l/C-P; but, APPROVAL of Change of Zone No. 4982 .from R-R to R-l, R-2, R-S, and C-1/C-P tn accordance with Exhtbtt 4; and, APPROVAL of Tentative Tract No. 22715 and 22716, sub JeSt to the attached conditions and based upon the'findings and conclusions tn the staff report. LBL:me 11-4-87 DATE: July 27;'1987 113: Assessor /' Building and Safety Surveyor - Dave Duda \. Road Department Health - Ralph Luchs Fire Protection Flood Control Dtstrtct Ftsh& Game LAFC0- Doug Vte~a U.S. Post~l RiV j- }iDE COURt.u PLARRiRG DEPA ERE Aus171987 Ii;VEFSiDE COL.':::Y ~OAD DSPT. F'.~~. CHECK Service - Ruth E, Davtdson Rancho Caitf, Water Southern Caltf, Edison Southern Calif, Gas General Telephone Temecula Chamber of Cmm~rce Nt. Plaomar Eastern Nunicipal Water Regional Water Quality Control Bd #9 Comissioner. Bresson ""- " .. :*' ......Nod 119 - A.P. 923-220-002 & 030 " ,," '~ !' * ' ',' ~' ~ Please review the case described above, along ~th the attached case map. A Land Division Committee meeting has been tentatively scheduled for September 3, 1987. If it clears, it will then go to publtc hearing, - ...... Your coments and recommendations are requested prior to August 20, 1987 in order that we may include them in the staff report for this particular case. Should you have any questions regarding this item, please dm not hesitate to contact Lesley Linkins at 787-1363 Planner CHANGE OF ZONE 498Z/TRACT 22715/TRACT_ 22716 - (Tm-1) - E.A. 31847 - Robert Beth, Wtlltam Frost & Assoc. - Rancho~ California District - First Supervtso~ial District - Rancho California Road between NArgarita & Butterfield Stage Road - R-R Zone -/21.8 Acres - (REQUEST To Chan{ e Zone fram R-R to R-l, R-2, & C-1/C-P)*- Concurrent Cases Tr. 22715 & Tr. 22716 - COFINEHTS: DATE: SIGNATURE PLEASE print name and title 4080 LEMON STREET, 9tH FLOOR RIVERSIDE, CALIFORNIA 92501 46-209 OASIS STREET, ROOM 304 INnIn CAIIFORNIA 92201 RIVERSIDE COUNTY PLANNIN3 DEPT. ATTN; Lesley Likins Jim Gie~Jois, St. Sanitarian, F3tO MTChaJ~g 'r Zone 4982 Rix -ex side 8-21-87 Environmental Health Svcs Div The Environmental Health Services Division has reviewed Change of Zone 4982 and has no objections. Ss~itary sewer and water services are available in this area. GIrN- IrOeled ~. S/eS AUG 2 8 i987 RIVERSIDE COUNTY PLANNING DSPARTMENT KENNETH L, I:DWARDI ellIlia INIINIIR Illl IIAIIK&'T gIMlET P. O. IOX 'TIk. IPNONe (714) 717-1011 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT IIIVIIIIIDI, CAi..IFIDIINIA IllDe Riverside County Planntng Department County Administrative Center Riverside, California Attention: Regional Team No. / Re: Area: ~*~ Me have revJe~ th~s case and have the following cmnts: .~- ~cept for nuisance nature local runoff ~4ch may traverse portions of the prope~y the project 4s considered free from o~tnary stom flood hazard. However, a stom of unusual mgnttude could cause s~e damage. New construc- tion should comply with all applicable o~inances, -,o The topography of the area consists of yell 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 ]8 inches above adjacent ground surface. Erosion protection shall be provided for mobile home supports." This project is in the Area drainage plao fees shall be paid in accordance Vtth the applicable r~les and regulations. The proposed zoning is cohststent with existing flood hazards. Some flood control facilities or floodproofing may be required to fully develop to the implied d~nstty. The Dtstrtct's report dated is still current for this project. The District does not object to the proposed minor change. The attached comments apply. Very truly yours, KENNETH L. EDWARDS . }HN H. KASHUBA hnior Civil Engineer DATE: S,t t 1187 I DATE: Jul~ 27,'1987 o° RiVu'I iDE cOunF,u PLAn i G DEPA Gi1EilE TO: A.~sessor But]dlng and Safety Surveyor - Dave Duda Road Department Health - Ralph Luchs '*" Ftre Protection I Rood Contrn] Dtstrtct Ftsh& Game LAFCO Dou Vterra U.S. sCa~ Ruth E, IMvtdson Po 'Service - Rancho Callf. Mater Southern Callf. Edison Southern Callf. Gas General Telephone Temecu]a Chamber of Ceaseme Ht. Plaomar Eastern Nunfctpal Hater Regtonal Hater Quality Control Comtsstoner'Bresson 8d #9 HArgartta & Butterfield Stage Road - R-R Zone - 121.8 Acres - (REQUEST To Change Zone from R-R to R-l, R-2, & C-l/C-P) - Concurrent Cases Tr. 22715 & Tr. 22716 - Nod 119 - A.P. 923-220-002 & 030 Please revtew the case described above, along wtth the attached_case map. A Land . Dtvtston Committee meeting has been tentatively scheduled fo~.$eptembeF~3~.1987, '~f tt clears, tt wtll then go to publlc heartng. · ..... * : Your comments and ;ecommendattons are requested prior to August 20, 1987 tn order that ve may tnclude them tn the staff repprt for thts particular case, Should you have .~ny questions regarding this ttem, please do not hesitate to contact Lesley Ltnktns at 787-1363 Planner C0fit4ENTS: ~ · he Fire Department.has no commnts or conditions. Fire protection requirements will be addressed with the related tract maps. DATE: s-l-e7 SIGNATURE PLEASE prtnt name and tttle DZPT. C~ Fi~'_. I'r;,3FECTZON PEI~[.;i.':, C.~.L!FORIIIA /::;" 2 '.-; 1S,;7 RE C ""-'I \fED I{ZCHAEL E. ~Y, Planning Officer 4080 LEMON STREET, 9v' FLOOR 46-209 OASIS STREET, ROOM 304 RZVERSZDE COUNTY PLANNING DEPARTHENT : SUBDIVISION CONDITIONS OF APPROVAL TENTATIVE TRACT NO. 22715 DATE: JAN. 26, 1988 EXPIRES: OAN. 26, 1990 STANDARD CONDITIONS llie subdivider shall defend, indemnify, and proceeding against the County of Riverside or its agents, officers, or employees to attack, set aside, void, or annul an approval of the County of Riverside, its advisory agencies, appeal boards or legislative body concerning Tentative Tract No. 22715, which action ts brought about within the time period provided for in California Government Code Section 66499.37. The County of Riverside will promptly notify the subdivider of any such claim, action, or proceeding against the County of Riverside and will cooperate fully in the defense. If the County fails to promptly notify subdlvtder of any such cl i action, or proceeding or fails to a m, cooperate fully in the defense, the subdivider shall not, thereafter, be responsSble to defend, indemnify, or hold harmless the County of Riverside. The tentative subdivision shall comply with the State of California Subdivision Hap Act and to all the requirements of Ordinance 46 , Schedule A, unless modified by the conditions listed below. 0 This conditionally approved tentative map will expire two years after the County of Riverside Board of Supervisors approval date, unless extended as provided by Ordinance 460. The ftnal map shall be prepared by a ltcensed land surveyor subject to all t the requirements of the State of California Subdtvts on Hap Act and Ordinance 460. The subdivider shall subnit 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. (6'~,~ If any grading is proposed, the subdivider shall subnit one print of ~Z) comprehensive grading plan to the Department of Building and Safety, The plan shall comply with the Uniform Building Code, Chapter 70, as amended by Ordinance 457 and as maybe additionally provided for in these conditions of approval, TENTATIVE TRACT NO. 22715 Conditions of Approval Page Z GA grading pannit shall be obtained from the Department of Building and Safety ~rior to commencement of any grading outstde of county mintained ' road ri ht of way. Any delinquent property taxes shall be paid prior to recordation of the final map. . .TThe subdivider shall comply with the street improvement recommendations outlined tn the Riverside County Road Oepartment's letter dated SelFtembe, 9, tg8), November 18. 1987. a copy of which is attached. (Amended at Planning Commission on November 18, 191)7.) Legal access as required by Ordinance 460 shall be provided from the tract map boundary to a County maintained read. All read 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 tb~e the Road Commissioner. Street names shall be subject to approval of Road Commissioner. ' Easements, when required for readway slopes, drainage facilities, utilities, . etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the County Surveyor. Water and sewerage dtsposal facilities shall be installed tn accordance i w th the provisions set .forth in the Riverside County Health Department's letter dated August 21, 1987, a copy of which is attached. The subdivider shall comply with the flood control' recommendations outlined by the RiverSide County Flood Control Dtstrlct's letter dated September 15, 1987, a copy of which ts attached. If the land division lies within an adopted flood conIre1 drainage area pursuant to Section 10.25 of Ordinance460, apprepriate fees for the construction of area drainage facilities shall be collected by the Road Commissioner. The subdivider shall compl3~ with the fire improvement recommendations outlined in the County Fire Harshal's letter dated September 1, 1987, a copy of which is attached. Subdivision phasing, including any proposed co~non open space area improvement phasing, tf applicable, shall be subject to Planning Oepartment 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. TENTATZVE TRACT NO. ZZ,~5 Conditions of Approval Page 3 Lots created by this subdivision shall comply with the following: a. All lots shall have a minimum size of 7200 square feet net. b. All lot length to width ratios shall be in conformance with Section 3.8C of Ordinance460. Corner' lots and through lots, if any, shall be provided with additional area pursuant to Section 3.8B of Ordinance 460 and so as not to contain less net area than the least amount of net area in non-comer and through lots. d. Lots created by this .subdivision shall be in conromance with the development standards of the R-1 zone. When lots are crossed by major public utility easements, each lot shall have a net usable area of not less than 3,600 square feet, exclusive of the utility easement. Graded but undevelo ed land shall be maintained in a weed-free condition and shalV be either planted with interim landscaping or rovtded with other erosion control measures as approved by the ~trector of Building.and Safety. Prior to RECORDATION of the final map the following conditions shall be satisfied: Prior to the recordation of the final map the applicant shall submit written clearances to the Riverside County Road and Survey Department that all pertinent quit, merits outlined in the attached approval letter~ from the following agencies have been met. County Fire Department County Rood Control County Health Department County Planning Department Prior to the recordatton of the final map, Change of Zone No. 4982 shall be approved by the Board of Supervisors and shall be effective. Lots created by this land division Shall be in confonnance with the development standards of the zone ultimately applied to the property. The common open space areas shall be shown as a numbered lot on the final map and shall be managed by a master property owners association or other appropriate authority as identified in the Specific Plan, If the open space lots and easements are to be maintained by a homeowner's association, then a property owner's association with the unqualified right to assess the owners of the Individual units for reasonable maintenance costs shall be established and continuously TENTATZVE TRACT NO. 22/15 Conditions of Approval Page 4 maintained. The association shall have the right to lien the property of the owners who default In the pa3ment of their assessments. Such 1ten shall not be subordinate to any encumbrance other than a first deed of trust prOvided such deed of trust ts made in good faith and for value and ts of record prior to the lien of the association. Prlor to recordation of the ftnal sulxlivtston map, the applicant shall submit to the Planning Deparment the following documents for County a proval which shall demonstrate to the satisfaction of the Department tKat the total project wtll be developed and maintained in accordance with the tntent and purpose of the approval, 1) The document to convey title 2) Covenants, codes and restrictions to be recorded The approved documents shall be recorded at the same time that the subdivision map ts recorded. Satd documents shall contatn provisions for ownership or the irrevocable rtght to use the open space and amentiles by the owners of the pro~ect. The approved documents shall also contain a prevlston which prevtdes that the CC & R's may not be terminated, or substantially amended wtthout the consent of the County or its successor-In-Interest, Prtor to recordatfon of the final mp, easements on Lots 1, 109 and 112 shall be created for the purpose of establishing entry statements to the project. The developer shall comply with the following parkway landscaping conditions: 1) 2) Prior to recordatton of the final map the developer shall file an application with ~he County for the formation of or annexation to County Service Area 143 for maintenance of common open space, parkways, and entry statements or place the maintenance -responsibilities within the 3urtsdiction of the homeowner's. association. Prior to the issuance~of building pemtts, the developer shall secure approval of proposed landscaping and irrigation plans from the County Road and Planning Department. All landscaping and irrigation plans and specifications shall be prepared in a reproducible fomat suitable for permanent filing with the County Road Department. 3) The developer Shall post a landscape perromance bond which shall be released concurrently with the release of subdivision performance bonds, guaranteeing the viabiltty of all landscaping -'TENTATZVIE TRACT NO. 2Z,15 Conditions of App:.oval Page 5 he 'which will be installed prior to the assumption of the maintenance responsibility by the district or homeowners association. 4) The developer, the developor's successors-in-interest or assignees, shall be responsible for all parkway landscaping maintenance until such time as maintenance is taken over by the district or homeowners association. In the event that open space lots are managed and/or maintained by County Service Area 143, and if County Service Area 143 is no longer able to manage and/or maintain the open space lots due to legal and/or other reasons, then management and/or maintenance shall become the responsibility of the master property owner's association. t. 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 Planntng Director. Prior to recordatton of the final map, an Environmental Constraints Sheet (ECS) shall be =prepared in con;Junction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the County Surveyor. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shal. 1 be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety· "The notice appearing: in Section 6.a. of Ordinance No. 625, the Riverside County Right-to-Farm Ordinance, shall be placed on the Environnlental Constraints Sheet, with Lots No. 52, 73.74, 75 and 76 identified therein, :in the manner provided in said Section 6.a., as being located partly Or wholly within, or within 300 feet of, land zoned for primarily afrtcultural purposes by the County of Riverside." The.. following note shall be placed on the Environmental Constraints Sheet: "This property is located within thirty (30) miles of Nount Palomar Observatory. All proposed outdoor lighttn systems shall t comply with the Ca1 fonq a Institute of Technology, Palomar Observatory recommendations dated August 25, 1987. a copy of whtch is attached. 19. Prior to the issuance of GRADING PERNITS the following conditions shall be satisfied: aT ~ieF te the issueme e~ g~ad4ag pen~i(s de(a/;ed eemmeR ,per spaee a~ee landSlap4Mg lad 4~4gat4oe plUMS ska;1 be avbm4tted Depawtme,t app~eva~ ~e~ the phase TENTATZVE TRACT NO. 22715 Conditions of Approval Page 6 pTans eka~; be eevtt~ted by a ~andssape aFeh~test~ and ska~ pFev~de A;T eft;try eerv4ee eFeas and ens~esuFes eke;; be seeeeeed vtew wttk ~endssaptn9 end deeeve~tve beeFtaPs ~ baf~e PaFkways and ~andsseHd but;d~n9 setbasks eka~ be ~andssaped te ~ev~de v4see~ eseeente! eF · tveestt~en 4ere tke t~maFy use e~ea e~ tke stte, kandssape e~Nnts ski;3 4ns~vde eaFtk be~n9~ meande~tng stdwa;ksv brakes end etke~ Fedes{~an aen~H ~e~e 6..kandsea;4,! p~aes eka~ 4nse~pe~ete She use e/spentmen assent t~ees at key vteva~ ~eel~ !~tnts w4tktn the F,w,Jeett 81 kandssaF4n! plans sha~ 4nsevpeFate na,~ve and dPeugkt telewant p~an~s where e~ve~Ftate, She sub~eet t~reperty ska~; be skewn e~ the pre~es~s !Fading ~ans ~ed ske;~ nets these te .be Feereds ve;esaled andrew Feta~eedv A~ teens ske~ be m4ntmum deeb~e staked. !Fewtrig tFees ska;~ be sine; stakedr Weaker end~eF s~ew pFev~de deta~ ~f ~g fee~ eqees~v~an twa~ a~eng Raneke Ga~ePn~a Readt (Condition 19a Deleted at Planning Commission on November 18, 1987.) TENTATIVE TRACT NO, 22715 Conditions of Approval Page 7 be Zf the project is to be phased, prior to the approval of grading permits, an overall conceptual gradtng plan shall be submitted to the' Planning Director for approval. The plan shall be used as a guideline for subsequent detailed gradtng plaes for individual phases of develolaent and shall;Include the following: a ter ion ng and f the gredtng process. and proximate tim frames for grading and Identification of areas 2. v/~ich my be gr ded during the try months of probabtl rain higher January through ~t;rch, 3. Preliminary pad and roadway elevations, 4. Areas of temporary grad¶ng outside of a particular phase. Gradtng plans shall cOnfom to Board adopted Hillside Development Standards: All cut and/or f111 slopes, or ¶ndividual combinations thereof, ~htch exceed: ten feet tn vertical hetght shall be modified by an appropriate combination of a speclal terracing (benchtng) plan, Increase slope ratto (l.e,, 3:1), retaining yells, and/or slope planttng combined with Irrigation. All driveways shall not exceed a ftfteen percent grade. All cut slopes located 'ad3acent to ungraded natural terrain and exceeding ten (10) feet ¶n verttcal hetght shall be contour-graded Incorporating the following grading techniques: 1) The angle of the ~graded slope shall be gradually adjusted to the angle of the natural terrain. The graded fore shall reflect 2). Angular foms sh~11 be discouraged. the natural rou.nded terrain, 3) "the toes and tops of slopes shall be rounded with curves with radt~ designed ~n proportion to the total height of the slopes where drainage and stabfllty permit such rounding, 4) Mhere cut or fill slopes exceed 300 feet tn horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. Prior to the issuance of grading permits, the developer shall provide evidence to the Dtrector of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. TENTATIVE TRACT NO. 22/35 Conditions of Approval Page 8 Prior to the tssuance of grading pemits, a qualified paleontologist h s all be retained by the developer for consultation and comment on the proposed grading ~ith respect to potential paleontological impacts. Should the paleontologist find the potential ts htgh for tmpact to slgntficant resourceS, a pre-grade meeting between the paleontoqogist and the excavation:and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redtract or halt grading activity to allow recovery of fossils. (~)Prior to the Issuance. of BUZLDING PERHZTS the lollwing conditions shall f,, be satis  No butlding permits shall be tssued by the County of Riverside for any residential lot/untt :wlthtn the project boundary until the developer's successor's-In-interest provides evidence of compltance with pub1 factlity financing measures. A cash sum of one-hundred dollars ($100) per lot/untt shall !be deposited with the Riverside County Department of Butlding and Safety as mitigation for publlc library development. b. All .butldlng plans for all new structures shall incorporate all requtred mitigation as ¶dentilted in the Revised Acoustical Analysts of Tentative Tract Flap 22715 in Riverside Count , dated October 5, 1987. Said plans shall be reviewed and sl ne)Yby acoustical engineer verifying that all recommendations within ~is report have been met. c. Prtor to the tssuance of butldtng permtts, a fenctng and/or wall plan · for perimeter of tract shall be submitted to and approved by the Planntn Department and Butldtng and Safety Department. Satd plan shall .~ncorporate acoustical shielding on lots 12, 13, 75 and 76 as 1dentilted tn Revised Acoustical Analysis of Tentative Tract Map 22715 tn Riverside County dated 10-5-87, and shall also have been revtewed and signed i~y t acoustical engineer verify ng that recommendations of report have been met. Prior to the issuance of building permits, composite landscaping and - Irrigation plans shall be submitted for Planning Department approval. The plans shall addresj all areas and aspects the tract requiring landscaping and Irrigation to be installed including, but not limited to, parkway planting, street trees, slope planting, and individual front yard landscaping. All dwellings to be constructed within this subdivision shall be t and constructed with fire retardant (Class A) roofs as des gned approved by the County Fire Marshal. TENTATIVE: TRACr NO. 2~27~5 Cond i ti ons of , ~proval Page 9 h. Prior to the tssuance of building permits, detailed entry statement plans shall be su.bmttted for Planning Department, Road Department and Butldtng and Safety Oepartment approval. t. Prtor to the tssuance of butldtng permits, a detatled park development plan, including eqUestrian ira11, shall be submitted to and approved by the Planning Department for Lot ~*:~;- · Prtor to' the issuance of building mtts detailed common open space /~rea landscaping and irrigation p~ns shall be submitted for Planning Department approval for the phase of development tn process. The plans shall be certified by a landscape architect, and shall provide for the fol 1 owtng: Permanent automatic irrigation systems shall be installed on all landscaped areas requiring Irrigation. Landscape screening where required shall be designed to be opaque up to a minimum 'hetght of six (6) feet at mturity. /3~ M1 uttltty servtce areas and enclosures shall be screened from ;vtew wtth 1 andscapt ng and decorative barri ers or ball1 e treatments, as approved by the Plannlng Director. Utilities shall be placed underground- . Parkways' and landscaped butldtng setbacks shall be landscaped to 'provtde vtsuaq screening or a transition into the prtmar~ use area of the site. Landscape elements shall ,nclude earth barruing, tn conjuncti on wl th ground cover, Shrubs and specimen trees meandering sldewalks, benches and other pedestrian amenities where appropriate as approved by the Planning Department. Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. Mhere street trees 'cannot be planted within right-of-way of interior streets and project parkways due to insufficient road right-of-way, they '. shal I be pl anted outside of the road right-of-way · ~f. Landscaptng plans shall incorporate natlye and drought tolerant plants where appropriate. /~.M1 existing specimen trees and significant rock outcropp~ngs on the sub;~ect property shall be shown on the project's grading plans and shall not those to be moved, rel ocated and/or retained. TENTATZVE TRACT NO. 22, ,5 Cond tions of Approval Page 10 Landscaping plans shall incorporate native and drought tolerant pl ants where appropriate. 8. All existing specimen trees and significant rock outcroppings on the subject property shall be shown on the proJect's grading plans and shall not those to be removed, relocated and/or retained, tAll trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. 10. Landscape and irrigation plans for open space Lot 112 shall provide detail of 10 foot equestrian trafl along Rancho California Road. (Condition 20~ Added at Planning Commission on November 18, 1987.) Prior to the issuance of OCCUPANCY PE!~ITS the following conditions shall be satisfied: a. Prior to the final building inspection approval by the Building and Safety Department, fencing and/or wall shall be constructed according to a. pproved plan. b. All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy permits. If tt seasonal cond tons do- not pemtt planting, interim landscaping and erosion control measures shall he utilized as approved by the Planning Director and the Director of Building and Safety. c. Entry statements shall be installed in accordance with approved plans. d. Street 'lights shall he installed within the subdivision. The applicant shall compl~y with all conditions of approval as set forth in Specific Plan 199 as they relate to Tract No. 22715 and the development of Planning Area 13. LBL:me 11-4-87 12-10-87 L. Roy O. eOAO ~ w- I~X[&COUNTY~ OFFICE OF ROAD COMMISSIONER 6 COUNTY SURVEYOr* November 18, 1987 Septsc.Asc ~, RIverside County Planning Commission 4080 Lemon Street Riverside, CA 92501 Ladtes and Gentlemen: Re: Tract Kip 22715 Scheeule A - Team 1 Amended at Planning Coasntsston November 18, 1987 Wtth respect to the conditions of approval for the referenced tentative land dtvtston nap, the Road Department recommends that the landdivider provide the following street improvement plans and/or road dedications tn accoraance w~tn Ordinance 460 and RIverside County Road Zmprovement Standards (Ordinance 461), Zt ts understood that the!tentative amp correctly shows acceptable centerline 'profiles, all extsttng easements, traveled ways, and dretnage courses krith appropriate. O's, and that thetr omtsston or unacceptabtlltymay requtre the amp to be resubmttted for further consideration, These Ordinances and the following conditions are essential parts and a requirement occurring tn ONE ts as btnaing as though occurrtngtn a11, They are tntended to be complementary and to descrtbe the conditions for a complete destgn of the Improvement, All questions regarding the t~je meantrig of the conditions shall be referred to the Road Com~sstoner's Offtce, 1. The landdivider shall protect downstream properties from damages caused by alteration of the drainage patterns, t,e,, concentra- tion of diversion of flow. Protection shall be provided by constructing adequate dretnage facilities Including enlarging extsttng facilities or by securtng a dratnage easement or by both, All dratnage easements shall be shown on the final amp and noted as follows: "Drainage Easement - no building, obstructions, or encroachments by.land fills are allowed", The protection shall be as approved by the Road Department, 2. The landdivider shall accept and properly dispose of all offstte dratnage triowing onto or through the s~te, ~n the event the Road Commissioner permits the use of streets for dratnage purposes, the provisions of Article XZ of Ordinance No, 460 wtll apply. Should the quantities exceed the street _.capacity or the use of streets be prohibited for dralnage purposes, the subdivider shall provide adequate drainage fadlit~es as approved by the Road Department, 'Trac't Nap 22715 * $el)~embeP-~r-~96~ Novembe~ 3, 1987 Page 2 Amnded at Planning Conmnission 11-18-87 3. NaJor drainage ts tnvolved on this landdivision and its resolution shall be as approved by the Road Department. 4. Pancho Vista Road shall be improved within the dedicated right of way in accordance with County Standard No, 102, (64'/88') 5. Butterfield Stage Road shall be improved within the dedicated right of my in accordance with County Standard No. 100, (43'/55'). 6. "A" Street shall be improve within the dedicated right of way in accordance with County Standard No. 104, Section A. (40'/60'). 7. "B", "C", "D", "E", and "F" Streets , shall he improved within the dedicated right of my in accordance with County Standard No. 105, Section A. (36'/60'). The westerly boundary of lot 112 shall be improved with 34 feet of asphalt concrete pavement within a 45 foot port width dedicated right of w~y in accordance with County Standard No. 103, Section A. (22'/33'). 9. Concrete sidewalks shall be constructed throughout the landdivision in accordance with County Standard No, 400 and 401 (curb sidewalk), lOe Rancho California Road shall be improved with concrete curb and gutter located 43 feet from centerline and match up asphalt concrete povtng; reconstruction or resurfactng of existing poving as determined by the Road Commissioner within a 55 foot half width dedicated right of way in accordance with County Standard No. 100. 11. A s~condary access road to the nearest paved road maintained by the County shall be constructed within the public right of my in accordance with County Standard No. 106, Section B, (32'/60') at a grade and alignment as approved by the Road Commissioner. This ~s necessary for circulation purposes. ~2~ Prior to the recordatton of the final map, the developer shall *~/deposit with the Riverside County Road Department, a cash sum of $150.00 per lot as mitigation for traffic signal impacts. Should the developer choose to defer the tim of payment, he may enter into a written agreement with the County deferring said payment to the time of issuance of a building permit. .. (' Tract Nap 22715 Sep~embeP-i~-iga~ November 18, 1987 Page 3 Amended at Planning Comission 11-18-87 Zmprovement plans shall be based upon a centerline profile extending a mtntmum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Riverside County Road Commissioner, Completion of road improvements does not imply acceptance for ma~ntenance by County, 14, Electrical and communications trenches shall be provided tn accordance wtth Ordinance 461, Standard 817, 5, Asphalttc emulston (fog seal) shall be applied not less than fourteen days. following placement of the asphalt surfacing and sh&11 be applied at a rate of 0,05 gallon per square yard. Asphalt emulsion Shall confom to Sections 37, 39 and 94 of the State Standard Spedftcat~ons, 16. Standard cul-de-sacs and off-set cul-de-sacs shall be constructed throughout the landdivision. 17, Corner cutbacks tn conformance wtth County Standard No, 805 shall be shown on the ftnal map and offered for dedication. 18, *Lot access shall be restricted on Rancho California Road, Butter- field Stage Road and Rancho Vtsta Road and so noted on the ftnal map, Landd~vtstons creattn9 cut or ftll sopes adjacent to the streets shall provtde eroSton control, stght distance control and slope easements as approved by the Road Department. The landdivider shall provide utility clearance from ~ncho Cal(fornta ,tar Dtstrtct prior to the ~cordatton of ~e final maP, . The maximum centerline gradtent ~ha11 not exceed 15S. ZZ, '*The mtntmum centerline radii shall be 300' as approved by the Road Department, ,, 23, The minimum lot frontages along the cul-de-sacs and knuckles shall be 35 feet, 24, All driveways shall conform to the applicable Riverside County Standards. · Tract Flap 22715 ,*' -~-/-r-:lJ>,~- Novemb~.. 18. 1987 Page 4 Xmended at Planning Co.~ntsston 11-18-87 25. The mtnimum garage setback shall be 30 feet measured from the face. of curb. 26. All centerline Intersecttons shall be at 90' wttha mtntmum 50' tangent measured from flow 1the, 27. The street design and improvement concept of thts project shall be coordinated kith Plq 22514, TR 22716, PN 22554 and TR 22267, *28. Street lighting shall be req~tred tn accordance kith Ordinance 460 and 461 throughout the subdivision, The County Servtce Area (CSA) Administrator determines whether this proposal qualifies under an extsttng assessment district or not, Zf not, the applicant shall ftle an application kith LAFCO for annexation tnto or creatton of a "LIghting Assessment District" tn accordance with Governmental Code Section 56000, Ver~ trul~ ~ours, Gus Hughes Road Division Engineer GH:lh *Added at Planntng Comatsston 11-18-87 NTY C)I: I:IIVEI:ISlC)E- DEPARTMENT OF ilTI-nm II'll~rr eui..l. Ilql*'r Olrlr#C! ~ II'l'OI- Reveq.alD~, CA. 11141 Augus t 21, 1987 HEALTH II Riverside County Planning Commission 4080 Lemon Street Riverside, CA 92502 RE; TRACT MAP 22715: Being t portion of the Pauba Land and Water Company's subdivision of the Temecula Rancho in County of Riverside, State of California, as per map recorded in BOok 11, Page 507 Maps, in the office of the County Recorder of San Diego County, Calif. (112 Lots) Gentleien: The Department of P~blic Health has reviewed Tentative Hap No. 22715 and recommends that: A water system shall be installed according to plans and specification as approved by the water company and the Health Department. Permanent prints or the plans of the water system shall be submitted in triplicate, with a minimum scale ~ot less than one inch equals 200 feet, along with the original drawing to the County Surveyor. The prints shall show the internal pipe diameter, location of valves and fire hydrants; pipe and joint specifications, and the size of the main at the junction of the new system to the existing system. The plans shall comply in all respects with Div. 5, Part 1, Chapter 7 of the California H~alth and Safety Code, California Administrative Code. Title 22. Chapter 16, and 0eneral Order No. 103 of the Public Utilities Commission of the State of California,when applicable. The plans shall be signed by a registered engineer and water company with the following certification: 'l certify that the design of the water system in Tract Map 22715 is in accordance with the water system expansion plans of the Rancho California Water District and that the water service, storage and distribution system will be adequate to provide water service to such tract- This certification does not constitute a guarantee that it will supply water to such tract at any specific quantities, flows or pressures for any other purpose". RIVERSIDE COUNTY pLANNING D ........ Riverside County Plarming Commission Page Two August 21, 1987 This certification shall be signed by a responsible official of the water company. _TI/_!_R~!_!~I~_~ submitted to ~!_~n/_~_~urv~or's X!_!~ast two This Department has a statement from the Rancho California Water District agreeing to serve domestic water to each and every lot in the subdivision on demand providing satisfactory financial arrangements are completed with the subdivider. It will be necessary for the financial arrangements to be made prior to the recordation of the final map.. This Department has a statement from the Eastern Municipal Water District agreeing to allow the subdivision sewage system. to be connected to the sewers of the District. The sewer system shall be installed according to plans. and specifications as approved by the District, the County Surveyor and the Health Department. Permanent prints of the plans of the sewer system shall be submitted in triplicate, along with the original drawing, to the County Surveyor. The prints shall show the internal pipe diameter, location of manholes, complete profiles, pipe and joint specifications and the size of the sewers at the junction of the new s~stem to the existing system. A single plat indicating location of sewer lines and water lines shall be a portion of the sewage plans and profiles. The plans shall be 'signed by a registered engineer and the sewer district with the following certification: 'I certify that the design of the sewer-system in Tract Nap 22715 is in accordance with the sewer system expansion plans of the Eastern Nunicipal Water District and that the waste disposal system is adequate at this time to treat the ~nticipated wastes from the proposed tract.~ _T1/_~__~!~ns must be submitted to the Co~X Surv~yor~s 0~[i~!__~_£~Fiew at least two weeks .~Ei~E to the E!gg~!_!~£_!b~_~!R~dS~igD_~£_!he final maR. ncere , m Sr SaZ"r~n 'Envi ronme~ta~ ices D~vision SM:tac till MARKIL'r rrRe. rr P. O. BOX 1033 112-13eHC)N2 (7f4) 787-a015 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT IRIq~RIIImW-, C&,LIIII}RNIA Sept. ember 15, 1987 Riverside County Planning Department County Administrative Center Riverside, California Attention: Regional Team No. 1 Lesley Likins Ladies and Gentlemen: Re: Tract 22715 Tract 22715 is a proposal to divide 61.5 acres into 109 lots in the Temecula Valley area, on the southwest corner of Rancho California Road and Butterfield Stage Road." Much of the site is on. hills above Long Canyon Wash· The wash conveys runoff from the east along the northern tract boundary. Another watercourse to the ea'st that conveys runoff from.about 145 acres,' approaches the project in the vicinity of Lot 13. The applicant proposes' to convey Long Canyon Wash in a culvert under Butterfield Stage Road and in a grass lined channel. The channel would outlet into a proposed underground drain for Tract 22716. Drop structures are shown as part of the Channel improvement. The runoff from the 145 acre watershed would be collected into a storm drain and discharged. into the grass lined channel. Onsite storm runoff would be conveyed in the street system to outlet into the preposed drain of Tract 22716. Following are the Dtstrict's reco, m, endations: This tract is located~within the limits of the Murrieta Creek/Temecula Valley Area Drainage Plan for which drainage fees have~been adopted by the Board. Drainage fees shall be paid'as set forth under the provisions of the 'Rules and Regulations for Administration of Area Drainage Plans', amended July 3, 1984= · Drainage fees shall be paid to the Road Co~issioner as part of the filing for record of the subdivision final map or parcel map, or if the recording of a final parcel map is waived, drainage fees shall be- paid as a condition of the waiver prior to recording a certificate of compliance evidencing the waiver of the parcel map= or Riverside County Planning Department Re: Tract 22715 -2- September 15, 1987 At the option Of the land divider, upon filing a re- quired affidavit requesting deferment of the payment of fees, the drainage fees shall be paid to the Building Director at the time of issuance of a grad- .ing permit or building permit for each approved par- cel, whichever maybe first obtained after the recording of the subdivision final map or parcel map~ however, Drainage fe&s shall be paid to the Road Co~nissioner as.-ia part of the filing for record of the subdivision final map or parcel map, or before receiving a waiver to record a land division, for each lot within the land division where construction activity as evi- denced by one of the following actions has occurred since May 26, 1981: (a) A grading permit or building permit has been obtained. (b) Grading or structures have been initiated. 2. The grass lined channel and culvert crossing should be designed to collect the 100 year peak flow bulked 50% for debris, and convey it safely through the property to an adequate outIet. The channel should be protected from erosion at the culvert crossing- Storm flow in the chan- nel shQuld not reach erosive velocities. If flow veloci- ties are erosive, then channel side slopes should be pro- tected. Slope protection should extend an adequate dis- tance below the fl~w line. Evidence of a viable maintenance mechanism for the grass line~ channel which should include irrigation, should be submitted to the District and County for review and ap- proval prior to record~tion of the final map. 3. At least one maintenance ramp should be provided upstream and one downstream of each drop structure to afford ac- cess from a road to the four to one channel slope area. 4. Development of this property should be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. Riverside County Planning Department Re: Tract 22715 -3- Saptember 15, 1987 o Temporary erosion control measures should be implemented immediately following rough grading to prevent deposition of debris onto doWnstream properties or drainage facilities. Onsite drainage f&cilities located outside of road right of way should be contained within drainage easements shown on the final map. A note should be added to the final map stating, 'Drainage easements shall be kept free of buildings and obstructions'. 7. Offsite drainage facilities should be located within publicly dedicated. drainage easements obtained from the affected property owners. The documents should be re- corded and a copy submitted to the District prior to recordation of the final map. 8. Evidence of a viable maintenance mechanism for the under- ground storm drain!s should be submitted to the District and.County for review and approval prior to recordation of the final map. 2e All lots should be graded to drain to the adjacent street or an adequate outlet. The 10 year storm flow should be contained within the curb end the 100 year storm flow should be contained within the street right of way. When either of these criter'ia are exceeded, additional drainage' facilities should be installed. Drainage facilities outletting $ump conditions should be designed to convey the tributary 100 year storm flows. Additional e~ergency escape should also be provided. If the tract is built~in phases, each phase shall be pro- tected from the i in r00 year tributary storm flows. A drainage easement should be obtained from the affected property owners for the release of concentrated or di- verted storm flows onto the adjacent property. A copy of the recorded drainage easement should be submitted to the District for review prior to the recordation of the final map. Riverside County Planning Department Re= Tract 22715 September 15,. 1987 14. A copy of the improvement plans, grading plans and final map along with detailed supporting hydrologic and hy- ~aulic calculations should be submitted to the District for review and approval prior to recordation of the final map. Grading plans sh0uld be approved prior to issuance of grading permits. A registered engineer must sign, seal and note his expiration date on plans and calcula- tions submitted. Ouestions concerning this matter maybe referre~ to Stuart McKibbin of this office at 714/787-2333. Very truly yours, CC ,' William Bein, Robert Frost & Associates KENN~TH L. EDWARDS · .I rg,.....]r I r~,.Civ11 Engineer SEM:bab aTl~: 'TEAM RIVERSIDECOUIVrY f"' FIRE DEPARTMENT IN COOPERA11ON WITH THE CAUFORNIA DEPARTMENT OF FORESTRY RAY 'HEBRARD 9-l-87 PJannial & EnfineertnI Office 4080 LeamM~ Sereet, ~|e 11 RE: TR 22715 'RIVERSIDE COUNTY 'PLANNING DEPARTMENT. With respect to the conditions of approval for the above fetefenced land division, the Fire Department recon~ends the following fate protection measures be provided in accordance with Eiverside Count70td~ances and/or recogn~ed fire protection standards: FIRE PROTECTION Schedule "A" fix~ protection approved standard fire hydrants (6"x4'x2½"), located .one at each street intersect/on and spaced'no more than 330 feet apart in any direction, with no portion o~ any lot fnontage more than 165 feet from a hydrant. ainimum fire flow shall be 1000 GPM for 2 hours duration at 20 Applicant/developer shall furnish one copy of the water syste~ plans to the Fire Department for review. Plans shall conform to fare hydrant ..types, location and spacing, and, the system shall meet the f~t,'e flow reluiraents. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: el certify/that the design of the water system is in accordance with the requirements prescribed by the lttverside County FAre Department*. The required w~ter system, including fire hydrants, shall be installed and accepted by the appropriate water agency. prior to any combustibe building material being placed on an ~ividual lot. All beildin~s shall be constructed With fire retardant roofing material as described in Section 3203 of the UniformBuildingCede. Any woodshingles or shakes shall have a Class mBm 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 Depart3aent a cash s~of $400.00per lot/unit as mitigation for fire protection flupacts. Should the developer choose to defer the time of payment, be/she 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. MICHAEL E. GRAY, Planning Officer DATE: July 27, 1987 TO: Assessor Building and Safety Surveyor - Dave Duda Road Department Health - Ralph Luchs Ft re Protect t on Flood Control District Fish & Game LAFCO Doug Vterre U.S. Posta] Servtce- Ruth E~ Davidson RiV =R iDE COUn;,u LAII in DEP mEn -AUG 2 ? i987 RIVERSIDE COUNTY PLANNING DEPARTMEN~ E C lr I V E D AUG 2 5 1987 PALOM~. OBSERVATORY Rancho Caltf. Hater Southern Caltf.. Edison Sourherb Caltf. Gas Gener&3 Telephone Temecula Chamber of Commerce Eastern Municipal Water Regional Hater Quality Control (hi Palomar '~ Cornmiss1 oner Brasson :, ,'. Bd t9 TRACT 22715 - (Tin-l) - E.A. 31847 - Robert Beth, Willtam Frost & Assoc. - Rancho California Dlstrtct- Ftrst Supervtsorfal Dtstrtct- Rancho California Road between Nargarita Road and Butterfield Stage Road - R-R Zone - Schedule A - No Watver- 61.5 acres Into 109 lots - (CONCURRENT CASES CZ 4982 & TR · .. .........22716)-- Nod 119 - A.P. 923-220-002 & 030 : . ; ,,' -;-,~.o .,-,. ,,. Please revtew the case descrfbed above, along with the attached case mp, A Land Dhtston Committee meettng has been tentatively scheduled for September 3, I 87, Zf tt clears, tt will then go to publlc' hearing,- . '.- 9 Your comments and recommendations are requested prtor to August 20, 1987 tn order that we my tnclude them tn. the staff report for this particular use. Should you have any questt6ns regarding thts ttem, please do not hesttate to contact Lesley Linkins at 787-1363 * Planner COIfZNTS: PLE-a-SE'SkE ATTACKED DATE: R/P~/R7 SIGNATURE PLEASE print name and tttle 4080 LEMON STREET, 9TM FLOOR RIVERSIDE. CALIFORNIA 92501 (714) 787-6181 Dr. at =ant Dt~ector/Palomar 46-209 OASIS STREET. ROOM 304 INDIO, CALIFORNIA 92201 (619) 342-8277 CALIFORNIA INSTITUTE OF TECHNOLOGY OFFICE OF THE DIiECTOI PALOtdAR OISEIVATOIY los-z4 This case is v'J. th:Ln 30 miles of the Palomar Observatory nd is therefore vithin the zone requirin2 ~he use of Ice-pressure sodium vapor Lamps fo.r street lightinK, as stipulated by the Riverside County Board of Supervisors. We request tl~8t the desiWn for other tTpes of outdoor liKhting Chac may be employed on this property be made consistent with the spirit of the decision of the Board of Supervisors vhich is intended to mitigate the adverse effects such facilities have on Zhe astronomical research at Palomar. Beneficial steps to ~hat end include: 1. Use the minimum xmounC of light needed for the Cask. Orient end shield liBhe Co prevent. direct upward illundnacion. Turn o~f lights ac 11:00 p.m. (or earlier) unless, in cmrcial applications, the associated business is aden past that time, in vhtch case ~he lights should be turned off at closing. Use lov-pressure sodium; lssps for roadrays, walkeaTs, equipment 7ards, parking lots, security end other siuilar a~plications. These lights need not be turned off at 11:00 p.m. For further information, call (818) 356-A035. Rober~ J. Brucato Assistant Director PASADENA. CALIFORNIA tilES TELEPHONE IIlll Jtc,-403J TELIX 6tl4Zl CALTECH PSD ATTACHMENT S FEES AND SECURITIES REPORT CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP NO. 26766 DATE: March 3, 1992 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL 8; LABOR SECURITY SECURITY Streets and Drainaqe $ -0- $ '0- Water $ -0- $ -O- Sewer $ -0- $ '0- TOTAL $ -0- $ -0- *lldntanence Retention (1~ for one )mar) t(or r~-~, ff work is ceapleted) $ -0- Monument Security City Traffic Signing and Striping Costs Fire Mitigation Fee RCFC Drainage Fee Due Signalization Mitigation Fee - SMD #9 Road and Bridge Benefit Fee Other Developer Fees -0- -0- 400. o0 980.81 150.00 -o- -o- Planning Department Fee Comprehensive Transportation Plan Fee Quimby Fee Plan Check Fee Inspection Fee Monument Inspection Fee $ $ $ $ $ $ 56.00 4.00 -0- 790.00 -0- 250.00 Total I nspection/Plan Check Fees Less Fees Paid To Date I Credit) Total Inspection/Plan Check Fees Due $ $ $ 1. 100.00 1,100.00 -0- AF_~AS/AROO5 "' ITEM 20 APPROV~T. FCITY ATTORNE~.~ INANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Department of Public Works April 14, 1992 Regulatory and Advanced Warning Signs PREPARED BY: ~Q/~Brad Buron, Maintenance Supervisor RECOMMENDATION: That the City Council authorize Staff to purchase regulatory and advanced warning signs from Central City Signs as the lowest responsible bidder. BACKGROUND: The 1991/1992 Program of Services for the Public Works Maintenance Services Division includes the repair and installation of regulatory and advanced warning signs which are maintained 100% by City crew. The most cost-effective method of obtaining the new signs is to order in bulk. Attached is a list of. signs needed by Public Works for stock, new installations, maintenance, and to have necessary signs for special events. The following details the quotes obtained from three vendors for the purchase of these signs: Allied Barricade Company Western Highway Products Central City Signs $16,522.49 $15,967.54 $14,705.28 Central City Signs is the lowest of three responsible bidders, therefore Staff recommends that the City purchase the required signs from Central City Signs. FISCAL IMPACT: Funding for this project will be funded through Account #001-165-999-42-5244 (Signs). Attachment: List of Signs -1- pwO2%egdrpt%92%O414%RegSigns.pur 032692 DEPARTMENT OF PUBUC WORKS SIGN ORD!~ GAGE .080 5 5 5 5 5 6 15 20 8 20 20 10 10 50 20 15 10 10 10 5 4 4 100 50 75 40 6 10 10 10 10 10 5 5 5 5 5 5 10 15 5 5 5 100 50 W-1R (left) Revere Curve W-1R ~(dght) Reverse Curve W-6R ~dgM.) 46 o Curve W-r'JR Celt) 46° Curve W-7AR Side Rood W-11R (fight) Merge W-11R (left) Merge W-17R Stop Ahead W-31R End W-31AR Reed Ends W-32R Dip W41R Signd Ahead W-43R Icy W451t Hone Xing W-S3R Not+Through Street W-55R Flooded W-SSR Dod31e AfTowe W-57R Single Arrows SR4R School Speed Limit W-63R School Xing W-66R School Xing W-75R (left) Thin Traffic Merge Left Type N4 Type N-5 R-1R |3M High Intee.) Stop Signs R-1AR (4 way) 4 Allway R-1AR (3 way) 3 wey R-1AR {Allway) R2R (60) speed limit R2R (45) speed andt R2R (36) speed Bruit R2R (25) speed emit R-7 (right) Keep Right R7AR (dillst) R16R No Right Turn R 16AR R17R No Left Turn R 17AR R26R No Parking R48R Speed Checked by Radar RIO4AP No Trespassing W-65~1 'End" W-65-1 'Begin" 10' Quick Punch Post Anchoa pwO2~ag4bpt~92~tO414%Reg14gns.puf 032692 ITEM 2 1 APPROVAl FC~TY ATTORNEy~i/~ NANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council City Attorney April 14, 1992 Pulte Home Corp. vs. Riverside County Local Agency Formation Commission and City of Temecula - Approval of Settlement RECOMMENDATION: That the City Council approve and authorize the City Attorney to execute the Stipulation for Entry of Judgment, which would settle the CEQA litigation brought by Pulte Home Corp. challenging the City's sphere of influence, subject to the approval of the City Manager and City Attorney as to the final form of the Stipulation. DISCUSSION: On October 29, 1991, Pulte filed suit claiming that the approval by LAFCO of the sphere of influence for the City of Temecula violated the California Environmental Quality Act (CEQA). Subsequently, the City, LAFCO and Pulte entered into negotiations to settle this dispute. The attached Stipulation and Judgment are the result of those negotiations. It has always been the general policy of the City not to annex territory without the consent of at least the majority of the affected property owners. Consequently, while the City has always vigorously rejected the allegations of Pulte's suit, particularly their claim that approval of a sphere of influence requires preparation of an Environmental Impact Report, the actual request of Pulte that their consent be obtained prior to any annexation is generally acceptable. The proposed Judgment would provide as follows: 1. The sphere of influence for the City would be confirmed. 2. The City would agree not to seek annexation of the Pulte property except with the written consent of Puite. The City would further oppose any effort to force ian annexation of the Puite property into the City if initiated by a third party, absent Puite's consent. 3. LAFCO would agree not to approve any annexation of the Pulte property except with Pulte's consent. 4. Judgment would not apply to any non-residential property sold by Pulte to an end user. It would also not apply to any condominium project at least 50% sold and to any individual single family dwelling sold to individuals. It is recommended that the City Council approve the Settlement. ATTACHMENTS: Stipulation for Entry of Judgment Judgment on Stipulation for Entry of Judgment FISCAL IMPACT: None 1 2 3 4. Te~ephonez PILLSBURY HADISON & SUTRO ROBERT L. KLOTZ #74650 KATHRYNA. BJORKLUN #125730 650 Town Center Drive Suite 800 Costa Hesa, CA 92626-1925 (714) 436-6800 5 6 Attorneys for PETITIONER AND PLAINTIFF PULTE HOME CORPORATION 8 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF RIVERSIDE 11 12 PULTE HOME CORPORATION, a Michigan ) corporation, ) 13 ) Petitioner and Plaintiff, ) 14 ) vs. ) is ) · RIVERSIDE COUNTY LOCAL AGENCY ) 16 FORMATION COMMISSION and ) DOES I through 100, inclusive, ) 17 ) Respondents and Defendants. ) le ) ) 19 CITY OF TEHECULA, ) ) 20 Real Party In Interest. ) 21 ) No. 214999 STIPULATION FOR ENTRY OF 22 TO THE HONORABLE COURTz 23 This Stipulation for Entry of Judgment ("Stipulation") 24 is made and entered into on March , 1992, by and among 25 Petitioner/Plaintiff PULTE HOME CORPORATION ("Pulte"), 26 Respondent/Defendant Riverside County Local Agency Formation 27 Commission ("LAFCO"), and Real Party In Interest, City of 28 -1- STIPULATION FOR ENTRY 2011SS0~z 1 0~/~/9~ I Temecula ('C.ity"), through their respective counsel of 2 record. 3 WHEREAS, on October 29, 1991, Pulte initiated the 4 above-entitled action which alleges causes of action related 5 to the approval by LAFCO of a sphere of influence for the 6 City. Pulte asserts that the adoption by LAFCO of the 7 sphere of influence of the City is invalid and shouldbe set 8 aside in that it was adopted in violation of the California 9 Environmental Quality iAct (Public Resources Code Section 10 21000, e__t seq.). LAFCO and the City disagree with this 11 assertion. '25 26 27 28 12 · REAS it is the al pol the Ci ~ot to 13 x ~err tory with onset of the 14 er 15 WHEREAS, Pulte has objected, and continues to object, 16 to any annexation of its property without its written 17 consent, because of the potential for premature annexation 18 to disrupt the orderly development of the property and the 19 established mechanisms for financing public facilities 20 required for that development. 22 annex~/on*~ropos do not reflect order1 growth an 23 " t :* ' ' , - 24 WEEREAS, Pulte, ]J~CO, cad the City# and each of them, now consider it desirable and in their best interests to compromise and settle the disputes raised by this action, without any party ~t~ag ~au~t o~ -2- SfZ~]fZOM 2o z ls~, ~ 0~/2~/92 1 or in any amount to any other party, in order to avoid the 2 expense, inconvenience, uncertainty 'and distraction of 3 burdensome and protracted litigation. 4 NOW, THEREFORE, IT IS HEREBY STIPULATED by and among 5 Pulte, LAFCO, and the City, and each of them, that Judgment 6 may be entered as provided in the Judpment on Stipulation 7 for Entry of Judgment attached hereto as Exhibit "A" and 8 incorporated herein by this reference. 9 IT IS HEREBY FURTHER STIPULATED by and among Pulte, 10 LAFCO, and the City, and each of them, that findings of 11 fact, conclusions of law, notice of entry of Judgment and 12 right of appeal are waived. 13 14 WIT.r. IAM C. KATZENSTEIN, County Counsel 15 PETER H. LYONS, Assistant County Counsel 16 JOE S. RANK, Deputy County Counsel 17 18 19 20 21 22 23 24 25 26 27 28 JOE S. RANK Attorneys for the RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION PITJ.SBURYMADISON & SUTRO ROBERT L. KLOTZ ROBERT L. KLOTZ Attorneys for PULTE HOME CORPORATION BURKE, WILLIAMS & SORENSEN SCOTT F. FIELD By= SCOTT F. FIELD City Attorney, CITY OF TEMECULA 20118806sl 03/2~/92 -3- STIPULATION FOR ENTRY 1 2 3 4 · 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PIT.T.SBURYMADISON & S~FI~U3 ROBERT L. KLOTZ #74650 KATHRYNA. BJORKLUN 1125730 650 Town Center Drive Suite 800 Costa Mesa, CA 92626-1925 Telephonez (714) 43646800 '*Attorneys for PFEITIONERAND PlaINTIFF PULTE HOME CORPORATION SUPERIOR COURT OF THE STATE OF CALIFORNIA FORT HE COUNTY OF RIVERSIDE ) PULTE HOME CORPORATION, a Michigan ) corporation, ) Petitioner and Plaintiff, vs. RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION and DOES I through 100, inclusive, Respondents and Defendants. CITY OF TEMECULA, Real Party In Interest. ) ) ) ) ) ) ) ) ) .) ) ) ) ) ) ) No. 214999 JUDGMENT ON STIPULATION FOR ENTRY OF JUDGMENT WHEREAS, it appears to the Court that the parties hereto have stipulated and consented to the entering of a stipulated Judgment; and WHEREAS, the Court has determined that the proposed resolution of the controversy reflects a good faith effort by the parties to resolve the disputes among themselves; and 20118808~1 03/2~/92 -1- JUDGMENT ON' STIPULATION : 1 WHEREAS, the Cour~ believes that the following Judgment 2 is in the best interests of the parties, and each of them, 3 because it represents a fair,' reasonable and equitable 4 resolution oftheir disputes and, .furthermore, it enables 5 the Cou~c and the par~les to avoid a substantial expenditure 6 of resources were the disputes to befully litigated~ 7 NOW, THEREFOREr IT IS HEREBY ORDEREDt ADJUDGEDAND 8 DECREE AS FOLLOWSz 9 1. The Court finds that it has Jurisdiction over the 10 subject matter of and the parties to the above-entitled 11 action. In addition, Jurisdiction is retained by the Court 12 for the purpose of enforcing the te~s and conditions of 13 this Judgment and to make such further determinations as may 14 later be warranted. Nothing herein shall preclude the 15 parties from Jointly stipulating to modify this Judgment. 16 2. The parties to this action include 17 Petitioner/Plaintiff Pulte Home Corporation 18 Respondent/Defendant Riverside County Local Agency Formation 19 Commission ('LAFCO'), and Real Party In Interest City of 20 Temecula 21 3. Pulte is the owner of approximately 510 acres in 22 the vicinity of the City, which property (the 23 described in attached Exhibit No. 1, which is incorporated 24 herein by reference as though fully set forth. Unless 25 otherwise expressly stated, the terms used in this Judgment 26 shall have the same meaning as provided under the Cortese- 27 Knox Local Government Reorganization Act of 1985, Government 28 Code Section 56000, et seq. As used in this Judgment, the -2- JUDGMENT ON STIPULATION 03/z4/92 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 28 term 'annexation' shall include any annexation and any reorganization which includes an annexation. 4. The sphere of influence for the City approved by LAFCO in LAFCO's Resolution No. 87-91 is confirmed. 5. Except withi the express prior written consent of Pulte, the City shall: not adopt a resolution of application, or otherwise apply to LAFCO, for approval of any annexation to the City that includes all or any par~ of the Property. 6. The City shall oppose, beth orally and in writing, any a~exation proposal made by any other Person or public agency for annexation:to the City of all or any part of the Proper~y, unless relieved of this obligation by the express prior written consent~of Pulte. Such opposition by the City to any annexation proposal shall include opposition in all proceedings before LAFCO, opposition as authorized by law if the City is designated as conducting authority, and opposition in all proCeedings before any other local agency which may be designated as conducting authority. 7. Except with the express prior written consent of Pulte, the City shall not prezone all or any part of the Property. 8. Except with the express prior Written consent of Pulte, LAFCO shall not approve any annexation proposal, whether made by the City or any other person or public agency,~such proposal includes all or any part of the Property. 20118808s 1 03/2~/92 -3- JUDGMENT ON STIPULATION 1 9. Paragraphs 5 through 8, inclusive, of this 2 Judgment shall not apply to annexation proposals or 3 prezoning that include only the following: 4 (a) Any portion of the Proper~y that has been 5 sold and is occupied as single-family residences, or 6 (b) Any portion of the Proper~y that has been 7 developed as a residential condominium project, provided 8 that for such a p o ect ~ certificate of occu ap_~y 4~ae been 9 issued for khE £Lk-~ ~""~-'-a within the project and more 10 than fifty percent (50%) of the total units in the project Cc) any pertion of the property, upon the 11 have been sold. sale .or lease of any non-residential lot or_ office, connnercial or industrial space to a* 12 10. Paragraphs 5 through 8, inclusive, of this 13 Judgment shall remain in effect for - F-'4e'4 e'~ ":~;e. (5) 14 -ymm~o. wh.~h p^,4^a ~h-!~ ~ =hug f~n %h= da~_c =f ~L~f G£ 15 tl,l. uuagmen~. 16 11. This Judgment shall bind, and inure to the benefit 17 of, all successors and assigns of the parties to this 18 action, and their respective directors, officers, agents, 19 servants, and employees, and the successors and assigns of 20 each of them, separately and collectively. 21 12. Each party, on behalf of itself and its successors 22 and assigns, has agreed to and hereby shall release and 23 forever discharge each other party (and their officers, 24 directors, employees, agents and representatives ) from any 25 and all claims., demands, controversies, actions, causes of 26 action, obligations, damages and liability of any nature 27 whatsoever, whether at law or in equity, whether known or 28 unknown, which they ever had or now have against the other *member of the public or -4- JUDGMENT ON STIPULATION ~9~te userS. ~' 03/2/,/92 I which arise out of or relate in any way to any of the 2 matters alleged in the above-entitled action. The par~ies 3 expressly waive all rights under Section 1542 of the 4 California Civil Code, which provides as follows~ 5 A GENERAL pRT.RaBE ~OE8 NOT EXTEND: TO CLAIHS WHICH THE CREDITOR DOES TOT KNOW OR SUSPECT TO EXIST IN 6 HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY 7 AFFECTED HIS SETtleMENT. WITH THE DEBTOR. 8 This mutual release and covenant not to sue shall not apply 9 to such claims, demands!, actions or liability as may arise 10 from a breach by any par~y of the terms of this Judgment. 11 13. The par~ies dSsire to fully compromise, resolve 12 and settle any and all disputes that presently exist between 13 them in accordance withi the provisions of this Judgment. 14 This Judgment reflects the entire integrated agreement among 15 the par~ies pertaining to the matters in dispute and the 16 resolution of those matters, and there are no oral or 17 written representations, understandings~ covenants or 18 agreements which are not contained or expressly referred to 19 herein. The terms and conditions of this Judgment and the 20 actions taken pursuant hereto constitute a compromise of 21 contested matters by the parties, and each of them, and do 22 not represent an admission of liability or responsibility on 23 the par~ of any party. 24 14. By their execution of the preceding stipulation, 25 the signatories of said stipulation have warranted and 26 represented that he or she is authorized to do so and is 27 authorized to thereby b~nd said party to the terms and 28 conditions of this Judgment. 20118808zl 03/2~/92 -5- JUDGMENT ON STIPULATION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. In the event that any party should have to petition the Court or otherwise .bring further Judicial proceedings to enforce the terms of this Judgment, or to assert this Judgment as a defense, the prevailing par~y in any Such litigation shall be entitled to an award of all costs and expenses of suit, including reasonable attorneys' fees. 16. Specific performance and other non-monetaryrelief for violation of any of the obligations imposed by this Judgment shall be deemed to be appropriate and available remedies in any proceeding to enforce this Judgment. 17. The parties shall refrain from doing anything which would render their performance under this Judgment impossible or impractical. The parties shall cooperate with each other and act in good faith in implementing the terms and conditions of this Judgment. 18. If any part of this Judgment is held to be illegal or unenforceable by a court of competent Jurisdiction, the remainder of this Judgment shall be given effect to the fullest extent permitted by..law. Dated: JUDGE OF THE SUPERIOR COURT 20118808~1 03/2~/92 -6- JUDGMENT ON STIPULATION ITEM 22 APPROVAL CITY ATTORNEYR~ FINANCE OFFICER CITY MANAGER' CITY OF TEMECULA AGENDA REPORT DATE: TO: FROM: SUBJECT: April 14, 19'92 City Council/City Manager Mark J. Ochenduszko, Assistant City Manager UPDATE ON SCHOOL DISTRICT EFFORTS LOCATION FOR A SCHOOL BUS FACILITY TO SELECT A RECOMMENDATION: Receive and file report. DISCUSSION: Council asked staff to provide a status update on the school district's efforts to select a site for a permanent school bus maintenance facility and storage yard. At the meeting of Tuesday, April 7, 1992, the school district considered a proposal to construct a new bus yard maintenance facility and a high school on a site north of Winchester Road between Roripaugh and Nicolas Roads. The property encompasses approximately 55 acres. No specific date for the move to this facility has been provided, however, school board action concludes negotiations between Bedford properties and the district. a:staffrep.bus ITEM 23 CITY ATTOR~'RO~ FINANCE OFFICER CITY MANAGER TO.' FROM: DATE: SUBJECT: CITY OF TEMECULA A(3ENDA REPORT City Council/City Manager Planning Department April 14, 1992 Change of Zone No. 5631 and Vesting Tentative Tract Map No. 25320 PREPARED BY: Debbie Ubnoske RECOMMENDATION: Staff recommends that the City Council continue Change of Zone No. 5631 and Vesting Tentative Tract Map No. 25320 to May 12, 1992. ANALYSIS Change of Zone No. 5631 and Vestirtg Tentative Tract Map No. 25320 were previously before the City Council on October 8, 1991, November 12, 1991, December 10, 1991, January 14, 1992 and March 10, 1992. These items were continued at the applicants' request. The applicant is once again requesting a continuance to May 12, 1992. vgw s~sTAFFeFnsealez.ee 1 ~oberr !c't~iz~ , cBrilliara cfT'ost d~ c~ssociates PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS J.N. 25800 April 3, 1992 Honorable Mayor and Members of the City Council City of Temecula 431'74 Business Park Drive Temecula, CA 92590 Subject: vesting Tenafire Tract No. 25320/annge of Zone No. 5631 - Bedford Development e, omtnny Dear Mayor Birdsall and Councilmembers: Vesting Tentative Tract No. 25320 and Change of Zone No. 5631 are scheduled for hearing before the City Council on April i14, 1992. Inasmuch as additional time is needed for the City and Bedford Development COmpany to review the recent appraisal and determine the appropriate course of action, we concur with sis recommendation to continue this item to the May 12, 1992 meeting. Thank you for your consideration. Sincerely, Robert B. Kemble Director of Planning Temecula Regional Office CC: June Greek - City Clerk Gary Thornhill - Planning Director Csaba Ko - Bedford Development Company 28765 SINGLE OAK DRIVE * SUITE 250 * TEMECULA. CALIFORNIA 92590 * (714) 676-8042 , FAX (714) 676-7240 OFFICES IN IRVINE · CORONA * PALM DESERT * SACRAMENTO, SAN DIEGO ITEM 24 APPROVAL TO: FROM: DATE: SUB/ECT: C1TYOF~ AGENDA i~EPORT City Cmmcil/City Manager P~nnnittg DcparUnent April 14, 1992 Change of Zone No. 13 and Vesting Tentative Tract Ms.n No. 26828, and considerati__on of tile Riverside County Allport T-stud Use CommiAsion's RECO~ATION: The Planning DeparUnent Staff recommends that the City Council: ,&DOFF l~e~olu"on No. 5}2- upholding the Planning Commi~sion's denial of Change of Zone No. 13 and; s ,&DOFF Resolution No. 92- upholding the Planning Commi.~ion's denial of Vestillg Tentative Tract Map No. 26828, based on the Analysis and Findings contained in the Staff Report. BACKGROUND Change of Zone No. 13 and Vesting Tentative Tract Map No. 26828, were submitted to the City of Temecula on March 21, 1991. The Aixport I-~nd Use Commission (A.L.U.C.) denied the project on July 19, 1991. The project was denied based on the findings in Section No. 21675.1 of the Public Utilities Code, wMch relate to compatibility with the existing nizport facility. The projects were reviewed by the Planning Commis4ion on October 21, 1991. At that meeting the projects were tienjed by the Commi.~sion by a vote of 3-2, with Commitloners C'hmiaeff and Ford dissenting. The proposed project is a request to change the zoning designation on 35.5 acres from R-R 2*A (Rural Residential, 2~A acre minin~um lot size) to R-1 (Single Family Residential). In addition, the applicant proposes a 130 lot single family subdivision. The project is located at the northeast corner of Rita Way and Seraphim Road. Planning Commission discussion relative to the proposal' was primarily limited to potential conflict with the French Valley Airport. However, Commi.~sioner Chiniaeff raised concerns about the easements required for lots 109-116, 118, 129, and 130. The applicant is required to secure easements for those lots of Tentative Tract Map No. 26828 from the adjacent tract. s~arnz~z. cc 1 Those essemems are required bec,nS,~ a= proposed grading win create 2:i dopes which cross property, project, and City/County I~msaazies (see aUnched). T'nose ensemems would require the placement of fencing at the tops ~of all slopes in question. By placing ~ slope within the boundary of individual yards, instead of spliuing them halfway up, maintenance would become The primary reasons for the Planning Commission' s dmial of the pro~sed project related to the Airport Land Use Commisksion. Senate Bill 255 establis!~'a mnatls,o~ framework for counties in the State of California to formulate specific land use policies for airport areas, and to review those projects within airport influence boundaries. The County has not yet finished its own plan. In the interim, the Riverside County Airport Land Use Commission has adopted the State ~ Land Use gfide-Hm-,s which include a two mile radius requirement for project review. The radius of the influence area only allows residemisl lois with a minimum size of 2~i acres. Vesting Tentative Tract Map No. 26828 pwposes 7,200 square foot lot sizes and is located 1¼-2 miles from the airport. Section 21675 of the Public Utilities Code allows that if the A.L.U.C. disapproves an application, the City may overrule the A.L.U.C. by a two thirds vote if it makes fmdings that the proposed aclion is consisl~m with the purposes of the Public Utilities Code pursuant to A.L.U.C. provisions. As pointed out by the City Attorney, if the City is not the operator of the aixport, the operator becomes immlme from liability for damages to property or personal injur~ for the City's decision to proceed with the particular project. The City Council must make specific fmdings in order to overrule the A.L.U.C. decision. The Planning Commission upheld [lie findings of the A.L.U.C. Commissioner Ford dissented stating that he felt the Commission had adequate eVideswe to support findings to recommend project approval to the City Colaldl. Commissioller Chieia~-ff also dissented, however he stated concerns over design issues. On March 16, 1992, the City Council overruled an A.L.U.C. denial for the adjacent project (Vesting Tentative Tract M_s_p No. 25004, Dix Development). After consideration of the airport studies completed for that project, the Council determined that the project would not he adversely impacted by the Airport. ~ore, the Council has required that the property owner or develq~ notify future homebuyers of the aitpott's proximity. Subsequent to the Planning CommisSion meeting d October 16, 1991 the applicant submitted information which is similar in content to that provided by rise adjacent projea. In addition, the applicant has submitted a sample disclosure statement. The Airport Study which was submitted makes the determination that airport impacts wffi he negligible. In the event the City Council decides to approve these projects (Vesting Tentative Tract M_sp No. 26828, Change of Zone No. 13), the findings made by the P!~nnin~ Commission rehtive to the A.L.U.C. would need to he reversed. In addition, the City Council's action would need to include a motion w overrule the Ahpon Land Use Commission decision, adopt the Negative Declaration which was prepaxed for this project, and direct Staff to propa~ the Change of Zone Oniinance. Condifious of Approval would need to he added to the project which would require a disclosure statement he given to potential homebuyers, and conveyance of an avigation FISCAL IMPACT None Attachments: 4 5. 6. 7. City Council Resolution No. 92-__, Change of Zone No. 13 - blue page 4 City Council Resolution No. 92-_., Vesting Tentative Tmet Map No. 26828 - blue page 8 Conditions of Approval (Amended by Planning Commition, October 21, 1991) - blue page 14 Planning Commi.qsion minutes from Octo~ 21, 1991 - blue page 28 Planning Commi.~sion Staff Report, October 21, 1991 - blue page 29 Fee Cher. klist - blue page 30 ~nce - blue page 32 a. Applicant' s disclosure statement b. Applicant's agreement to provide disclosure statemeat c. Airport Study for Vesting Tenta_~ve Tract Map No. 26828 d. Airport Land Use Commition denial letter Exhibits - blue page 33 a. Vicinity Map b. SWAP lVi~p c. Zoning Map d. Site Map e. Aizport Proximity/Noise Contour Map f. Slope Easement Areas vgw S~TAFFRP~!3C~C~ 3 ATrA~ NO. 1 CHANGE OF ZONE RESOLUTION ATrACHMBNT NO. 1 RESOLUTION NO. 92-_ A RF,~LUTION OF ~ CITY COUNCIL OF TR~ CITY OF TDf~2ULA DENYING CHANGE OF ZONE NO. 13 CHANGING ~ ZONE FROM R-R-2% TO R-I ON PROPERTY LOCATED AT TR~ NOR'l~iW~qT CORNER OF R1TA WAY AND SERAPRINA ROAD AND KNOWN AS ASSE88OR'S PARC~J. NO. 914-260-039, 040, 041, 042, 043, WHSCSt~'.,~, Dacin Development, Inc. filed Change of Zone No. 13 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adop~ by reference; WH~:Rg~.S, said Change of Zone application was processed in the time and manner prescribed by State and local law; ~FAS, the City Council considered said Change of Zone on April 14, 1992, at which time interested persons had an opportunity to testify either in support or opposition; W~, at the conclusion of the Council bearing, the Commiqion recommended denied of said Change. of Zone; NOW, TH~Rv-~ORE, ~ CITY OF TEMECULA CITY COUNCIL DOES RESOLd, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Fin,fin?~ ~nat the City of Temecuh City Council hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incozpom~ city shall adopt a general plan within thirty (30) months fonowing 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 hw that its decisions be consistent with the general plan, ff all of the following requirements are met: 1. The city is pwceeding in a timely fashion with the preparation of the general 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 pwbability 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 pzol~ of ~al detriment to or interfexcaitz with the future adopted gtmeral plan ff the proposed use or action is ultimately c. The proposed use or action complied with an other applicable requirements of state law and local Ordi,m~-es. B. The Riverside Count3, General Plan, as anaemded by the Southwest Area Community Phn, (hereinaeer *SWAP*) was ad~ prior to the incmt~,ation of Tonearia as the General Plan for the southwest portion of Rimaide County, inchding the area now within the bounda~es of the City. At this time, the City has adopted SWAP as :its CJeneral Plan guide-line_~ while the City is proce~ng in a 6mely fashion with the pxepamtion of its C_,meml Plan. C. The City Council in denying the proposed Change of Zone, makes the following findings, to wit: 1. The proposed zone change may have a significant adverse effect on the environment, as a result of potenti~! future impacts from the French Valley Aixpon. 2. There is a reasonable probability of substantial detriment to, or int~,fc, ndcc with, the future and adopted C~--nend Plan, if the proposed use or action is ultimately inconsistent with the plan. The project may be Of significant scope in the context of city-wide and regional development patterns. 3. The ~ change in distria clauifim~on from R-R-2% to R-1 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 (SWAP) recommendations for the subjea property. Further, densities and uses prolx3sed are s'tmilar to existing densities and uses in the vicinity of the project. 4. The site of the pwposed change in-distria classification my not be suitable w accommodate all the land uses curren~y permitted in the proposed zoning district. Possible land use conflicts may arise as the Ixroject proposes residential uses that are too dense according m the interim guidelines of the A.L.U.C. 5. Adequate access exists for the proposed residential land use from Rita Way and Seraphim Road. Additional internal access and required road improvements abutting proposed lots will be designed and constructed in conformance with City standards. 6. Said findings are supported by analysis, minutes, maps, exhibits, and environmental documents assochted with this application and herein incoxpomted by reference. 7. The Airpo~ Land Use Commission iS mni~inE substantial progress toward the completion of the French Valley Airport Land Use Plan. 8. 1'here is a reasonable probability that the project will be inconsistent with the 6 9. There is a probability of substantial detriment to or interfence with the plan, ff the project is ultimately inconsistent with the plan. D. The Change of Zone may not be compatible with the health, safety and welfare of SECTION 2. ~wironment=! CownVlisnee. The City Council has determin~ that future impacts relative to the French Valley Airport may be significant. SECTION 3. Recomm~qwhtinn. That the City of Temecula City Council hereby denies Zone Change No. 13 to change the zoning on 35.5 acres of land from R=R-2tA to R-1 on property genenlly located at the northwest comer of Rim Way and Seraphlnn Road and known as Assessor's Parcel No. 914-260-039, 040, 041, 042, 043, 044, 045, AND 046. SECTION 4. The City Clerk shah certify to the passage and adoption of this P, esohtion. PASSED, D~ AND ADOFlED thi.~ 14th day of April, 1992. PATRICIA H. BIRDS~II- MAYOR I Ff!~RgRy CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecuh at a zegular meeting thereof, held on the 14th day of April, 1992 by the following vote of the Comml.qsion: COUNCnA(BMBERS: NOES: COUNaLMBMBI~,S: COUNt: S~TAItIFRF~I3CZ-CC 7 ATTA~ NO. 2 VESTING TRACT MAP RESO~ON 8 ATFA~ NO. 2 RESOLUTION NO. 92-__ A RESOLUTION OF ~ CITY COUNCIL OF ~ CITY OF TEM~CULA DENYING TENTATIVE TRACT MAP NO. 26828 TO SUBDIVIDE A 3S.S ACRES INTO 130 RESIDENTIAL LOTS. GENERAL LOCATION OF SAm MAP BEING T!~ NOR'rHw~s~F CORNER OF RITA WAY AND SERAPFnNA ROAD. Vi~]EREAS, Dacin Development, Inc. filed Vesting Tentative Tract Map No. 26828 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by r~eremce; W'!~i~.~tS, said Tract Map application was pwcessed in the time and manner prescribed by State and local hw; WHm"'i~AS, the City Coundl considered said Tract Map on April 14, 1992, at which time interested persons had an ~ to testify either in ~ or opposition; NOW, THER!~.V0RE, ~ CITY COUNCIL OF ~ CITY OF TEMECULA DOES RESOLVE, DETER.MINE AND ORDER AS FOI ,I OWS: SECTION 1. Finding,s. That the Temecula City Council hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incozpomed 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 genera] 2. The planning agency fin&, in approving projects and taking other actions, including the issuance of building permits, each of the foilowing: a. There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or smdiod or which will be smdiod within a reasonable time. SWrAFFIPT~I3CZ. CC 9 b: Trifle is fittie or no lselmbility of substantial detriment to or interference with the future adopted general plan ff the proposed use or action is xdtlmRtely inconsisteS with the plan. c. The proposed use or action complied with all other applicable requimn~ of state law and local B. ~ Riverside Cooairy Cvealcral Is~sn~ as *wnemtte~ by the Southwest Al*ea Community Plan, (hereinafter "SWAP*) was ~ prior to the inc~xpozat~n of Tem~als as the General Plan for the southwest poffion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its 6eneml Plan guidelines while the City is ~ng in a timely fashion with the preparation of its General Plan. C. The proposed Tract Map:is conliste~ 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 2. The City Council flags, in ~ projects and taking oler actions, including the lamarice of bulkling lxl.n;*s, putsmint to this title, each of the following: a. There is reasonable probab~ity that Vetoing Tentative Tract Map No. 26828 proposed will be consistent with the general plan proposal being considered or studied or which wffi 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 hw and local Ordinances. D. Pursuant to Section 7.1: of County Ordinance No. 460, no subdivision may be appwved unless the following findings arc made: 1. That the pwposed land division is consistent with applicable general and specific plans. 2. That the design or improvement of the proposed land division is consistent with applicable general and specific plans. 3. That the site of the proposed land division is physically suitable for the type of development. s~Amu, nxscz, cc 10 4. That the site of the proposed !and division is physically suitable for the proposed density of the development. 5. That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish 6. That the design of the ~ land division or the type of improvements are not likely to cause serious public health problems. 7. That the design of the pwl~sed land division or the type of improvements will not conflict with easements, acquired by the public at large, for ~s through, or use of, property within the proposed land division. A land division rosy be approved if it is found that nlternate 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. B. The City Council in denying the proposed Vesting Tentative Tract Map, makes the following findings, to wit: 1. The ~ Tract Msp my have significant negative impact on the environment, as a result of potential future impacts from the French Valley Airport. 2. There is a reasonable probability that this proposal will not be consistent with the General Plan being prepared at this time. The map together with the attendant zone change request are consistent with applicable subdivision and land use ordinances, and conform with the City's Southwest Area Plan (SWAP) guidelines affecting the subjea ~, however, an Airport Land Use Plan has not been adopted for the French Valley Aixport, future General Plan consistency can not be determined. 3. 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. The project is consistent with surrounding development, however it my have the potential to generate significant adverse environmental impacts. 4. The proposed use or action complies with City and State planning and zoning hws. Reference local Ordinances No. 348, 460, California Governmental Code Sections 65000- 66009 (Phnning Zoning Law), and Government Code Title 7, Division 2. 5. The site is suitable to accommodate the proposed land use in terms of the size and shape of parcel configurations, ms, and density. The project has access to public rights- of-way, and is designed with sufficient parcel acreage ailowing appropriate building pad sighrings. 6. The project as designed and conditioned will adversely affect the built or natural environment as determined by the City Council relative to the French Valley Airport. the ptopraty within the ~ project as conditioned. naaement dedic~tlons are not evident in grant deeds degribhg the pfOFaty~ 8. The site for the proposed use is ~ legal s:cess via Rim Way and 8emphina Rind public tights-of-way. Development of these roads shall comply with City passive solar alternatives. 9. Ti~ ptolxnexi project will not inhibit or r=strict fumr~ ability to us~ active or eeeag7 symans. Adoquae lot tree and entpomz~ m provided for the, s~ 10. The proposed use will not have a s,blp. ntial adverse affcct on abutting pt~,tlcs or the permitted use thcacof. The pm~sed map provides for residentinl development s'mffiar in chatactor and densities evident on vici~ prope, ties. Land use incongnfities and associated adverse affects arising from implementation of this proposal are unliirely. 11. The Airport Land Use Commission is making substavtinl progress toward the completion of the French Valley Aixport laud Use Plan. 12. There is a reasonable probability that the project will be inconsistent with the 13. There is a probability of mbmntial detriment to or interf~ with the plan, ff the project is ultimately inconSi~ent with the plan. F. As conditioned pursuant W SECTION 3, the Tract Map proposed may not be compatible with the health, sdety and welfare of the community. SECTION 2. ~vironmental Compile. The City Council has determined that future impacts rehtive to the French Valley Airport my be signif-tom. SECTION 3. Condifiont That the City of Temecula City Council hereby denies Vesting Tentative Tract Map No. 26828 for the subdivision of a 35.5 acres into 130 residential lots, generally located at the northwest comer of Rim Way and Seraphina Road. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution. ~,srhn,nnt~z. cc 12 PATRICIA H. BIRDSALL MAYOR I !~':Ri~ay CERTIFY that the for~oin~ Resohtioa wss duly adopted by the City Council of the City of Temecala st a xt~mlar meetin~ thereof, held on the 14th day of April 14th by the following vote of the Council: COUNCr~AfI~,~BRS: NOES: COUNCtLMBMBBRS: COUNt: ~srAm~-nincc 13 ATrA~ NO. 3 CONDITIONS OF APPROVAL swr~kn~pr~t~z. cc 14 ATTACHMENT NO. 3 CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 26828 Project Description: Change =of Zone No. 13 and 35.5 acres, 130 lot Residential Subdivision ASSBSSOR'S PARCEL NO. 914-260-039, 040, 041, 042, 043, 044, 045, AND 046. The tentative subdivision shah comply with the State of CAlifornia Subdivision Map Act and m all the requirements of Ordinsnce 460, Schedule A, unless modified by the conditions listed below. A time extension may be approved in ~ce with the State Map Act and City Ordinance, upon written request, ff made 30 days prior to the expiration date. m This conditionally approved ~ve map will expire two years after the approval date, unless extended as provided by ORfinan~ 460. The expiration date is 3. Any delinquent property taxes shah be paid prior to recotdation of the final map. Legal access as required by Ordinance 460 shall be provided from the Wact map boundary to a City maintained road. Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shah be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to atl lots in each phase, and shall substnntinlly conform to the intent and purpose of the subdivision approval. A copy of the final grading plan shah be submitted to the Planning Depamnent for review and approval. All on-site cut and fill slopes shaH: Be limited to a maximum slope ratio of 2 to I and a maximum vertical height of thirty (30) feet. Setbacks from top and bottom of slopes shall be a minimum of one-half the slope height. B. Be contour-graded to blend with existing natural contours. C. Be a part of the downhill lot when within or between individual lots. s~r~u~x3cT_cc 15 10. 11. 12. 13. 14. City Development Code. A detailed Innd~C~q~ trod hTigati~ plan, prepared by a qualified professional, slmll be~ sub. uiUr. d ~o the City tqnnning DeparUnent for ~view and '- approval prior to issuance of grading permits. The applicant shall comply with the ~t!VifOnmtml~l henlth fecommeodations outlined in the County Health Deyktme~'s trnamit, nl dated .aregust 27, 1991, a copy of which is The applicant shah comply with the fire intprovemeat recommendations outlined in the County Fire Depamneat's ~ dated August 27, 1991, a copy of which is attached. All p~ construction shall comply with the California Instittre of Technology, Palomar Observatory Outdoor T ightlng Policy, as outlined in the Southwest Area Plan. The foBowing no~ shah be placed on the Bavironmental Constraints Sheet: "This prolxaty is located within thirty (30) miles ofMount Pslomar Observatory. All proposed outdoor ~ng systems shah comply with the Csllforllia Institute of Technology, The applicant shah comply with the recommendations oudined in the Eastern Municipal Water District trnnamil~! dated Febv_:_n_~ g, 1991, a copy of which is attached. Lots created by this subdivision shall comply with the following: Graded but undeveloped land shah be msln~ined in a weed-free condition and shall be either planted with interim iandsc4ping or provided with other erosion control measures as approved by the Director of P-.ilding and Safety. The d~weloper shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems Until such time as those operations ate the responsibilities of other parties as approved by the Planning Director and the Temecula Community Prior to recordadon of the final map, an Bnvironmental Constraints Sheet (ECS) shall be prclNtted in conjunction with the final map to delineate ideatified environmental concerns and shall be pennnnendy filed with the office of the City Bngineer. A copy of the BCS shall be transmitted to the Planning Department for review and approval. The approved BCS shah be forwarded with copies of the recorded final map to the Planning Depamnemt and the Dqmmnont of Building and Safety. s~m~zcc 16 15. ~ne following notes shall be placed on the Bnvinmmeml Constnim Sheet: "This pmlnty is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory. This prop~ty is located within a two (2) mile rodins of the French Valley Airport. Interior noise levels shall be kept at a level below 45 dB by the use of proper procedures as recommended in an acoustical engineering study completed for this project. 16. Prior to the issjnt~c~ of GI~ A nTNC- PF~kfrl'S the following conditions shall be satisfied: Prior to the issuance of gradin~ perufits tietailed cornmoll open space area landscaping and irrigation plans shall be sub~ for Planning Department approval for the phase of development in process. The plans shsll be certified by a landscape architect, and shall provkle for the following: (~) Permanent automatic irrigation systems shah be installed on all landscaped areas requiring irrigation. (2) T ~ndsc'Ape screel~llg where Bx[ui/ed shall be designed to be opaque up to a minimum height of six (6) feet at maturity. (3) All utility service areas and enclosures shah be screened from view with landscaping and decorative barriers or baffle treatments, as appwved by the Planning Director. Utilities shah be placed underground. Parkways shall be lsnd~ to provide vii screening or a transition into the primary use area of the site. t ~n,Jsc~ne elements shall include earth berming, ground cover, shrubs and specimen trees. Front yards (5) Wall plans shall be submitted for the project perimeter and along Wooden fencing shall not be allowed on the perimeter of the projea. All lots with slopes leading don from the lot shall be provided with gates in the wall for maintenance access. ~ ~ndsc~ping 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 wad fight-of-way, they shah be planted outside of the road right-of-way. (s) Landscaping plans shah incorporate native and drought tolerant plants where appropriate. sx,vr~a.n~.~cc 17 0o) · OD (m) AII kndicApiM areas p~opos~ for mVlnttm~n~e by the T.C.S.D., slmll be reviewed and approved by the T.C.S.D. AH trees shall be minimum double ruled. Weaker and/or slow growing · Any oak trees wmoved with four (4) inches or larger trunk dinmeters 8hall be replaoed on a Um (10) to one (1) buis ~s aignxwed by the Pisnning DLrector. Regiscement tress shall be ~ on approved l~ndscaping plans. If the project is to be phased, prior to the approval of grading permits, an overan conceptual grading plan alan be submitted to the Planning Director for approval. The phn shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include ~he following: Techniques which will be u~Hz~ to prevent erosion and sedimentation during and after the grading process. Appro~dmate time frames for grading and ide~on of areas which may be graded during the higher probabtty rain months of January ttmmgh March. (d) Anmseftemporarygradingmasideofapaniadarphase. All cut slopes located adjacent to ungraded mmral terrain and exceeding ten (10) feet in vercical height shah be contour-graded ~coxporating the following grading techniques: (a) The angle d the graded' sl~ shaU be graduaUy adjusted to me angle of the natural terrain. An~ular forms shall be discouraged. The graded form shall reflect ~he natural rounded terrain. The toes and tops of slopes shall be rounded with curves with radii designed in lhopoa~on to the total height of the slopes where drainage and stabjUry permit such rounding. Wherer cut or fill slopes ~ 300 feet in horizontal length, the borizomal conto..ws of the slope Slmll be curved in a continuous, undulating fashion. S~TAFI~FI~LSC~CC 18 (14) Prior to the is-pnu~e of grading permits, the developer shall provide evidence to the Director of Building and Safety that all adjacent off-site mnmlfqdtJ!ld ~ have recorded idope eajeglellts ~ that slope maintenance responsibilities have been assigned as approved by the Director of Building And Safety. Prior to the ism, o-ce of a grading pe~m~, the applicant shah comply with the provisions of Or~nn,~e No. 663 by paying the appropdate fee set forth in that ordinance. Should Ordln~n,-e 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 implememed by County O~insnCe Or resolution. 17. Prior to the issuance of grading permits, a qtmlified paleontologist shah be retained by the developer for consultation And comment on the ~ grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation And grading contractor shall be arranged. When necessary, the paleontologist or represem__n_.ve shall have the authority to temlxmtrily divert, xedirect or halt grading activity to allow recovery of fossils. 18. Prior to the issuance of BUTt-nING 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-imemst provides evidence of compliance with public facility fnmnci~g measures. A cash sum of one-hundred dollars ($100) per lot/unit shtl be deposited with the City as mitigation for public library development. Prior to the submittal of building plans to the Department of Buikting and Safety an acou~ study shah be performed by an acoustical engineer to establish appropriate mitigation measures that shah be applied to individual dwelling units within the subdivision to reduce ambient interior noise levels to 45 Ldn. All building plans for all new structures shah incorporate, all required elements from the subdivision's approved fire protection plan as approved by the County Fire Manhal. 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 pentfitted within the subdivision, however solar equipment or any other energy saving devices shah be permitted with Planning Depamnent approval. Building separation between all buildings including fireplaces shah not be less than ten (10) feet. 19 ~__/-/ 19.. 20. 21. 22. O. All street side yard sSC[~,*~ shall be m minlm,,m of ten (10) feet. Prior to the isstance of ~,ANCY pm~ the following conditions shall be All isndscaping and irrigation shall be insts!led in aw. onlan~ with approved plans prior to tim iss,,swe of om~n{~ !~,c-.,,;Is. If ssmnml cos4itinns do not permit p]lmtillg, i!~ b~~g al~ elDsiofl c~xl~ol ~ shall be utiH7ecl as approved by ths Plnmplng Director and tim ~ of n~,ildlng and Safety. All All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection. Not with.~-n(ilng tile piece(ling conditions, whel~er an acoustical study is required for noise sttWnatlon purposes, the 'heights of all required walls shall be determined by the acoustical study where applicable. Or&nsnce No. 460.93 (Quimby) by paying IN ~ to the City of Temeada, TCSD the fair market value of 1.683 acres of land, as determined by the TCSD plus 20% for The subdivider shall defend~ inde~nnify, and hold harmless the City of Temecula, its agents, officer, and employees from any chim, action, or ~iag against the City of Temecula or its agere, officer, or employs to !attach, set aside, void, or annul an approval of the Cit~ of Temea, ts, its advisory agencies, appeal boards or legislative body concerning Tentative Vesting Tract Map No. 26828, which action is brought within the time period pwvided for in California Government Code Section 66499.37. The City of Temecula will pmm~y notify the subdivider of any such claim, action, or proceeding against the City of Temecuh and will ~ fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to defend, indemnify, or hold harmless the City of Temecuh. The develeper shall make a .good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improv~ puramt to 6overnment Code Section 66462 at such time as the City acquires the propc, ty imexests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off- site pml2ny interests required in conneaion with the subdivision.' Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtainod by the developer, at the developer' s cost. The appraiser shall have been approved by the City prior to COmme!lCement of the appraisal. s~r~m~arntsc~cc 20 23. 24. 25. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easemeats provided u required, and designed and constructed in accoRhlze with City Codes and the utifity prorider. Telephone, cable TV, and/or gcm'ity systems shall be pre-~ in the residence. Within forty-eight (48) hours of the approval of the project, the applicant/developer shah deliver to the p!snnlnS ~ a cashien check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ($1,275.00), which includes the One Tho~and, Two Hundred, Fifi~ Dollars ($1,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Seaion 711.4(d)(2) plus the Twenty-Five Dollar ($25.00) County administrative fee to enable the City to file the Notice of Detemfina~on required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shah be void by reason of failure of condition, Fish and Game Code Section 711.4(c). 26. Veging Tevt_s_tive Tract Map No. 26828 shall not be approvod until such time as Change of Zone No. 13 has been adopted by the City of Temecuh. 27. Prior to l~-Ol~nATION of the FINAL MAP, the applicant shall ~fisfy all fee requirements of the Temecula Valley Unified School District. BU~,DING AND SAFETY DEPARTM~'NT 28. Prior to final map approval, obtain street name clearance from Building and Safety. DEPAR~ OF PUBHC WORK~ The following are the Depamnent of Public Works Conditions of ~ for this projea, and shall be completed at no cost to any Government Agency. All questions ~mxling the true meaning of the conditions shall be x~ferred to the approlnhte staff person d the ~ent of Public Works. It is understood that the Develop~ has correc~y shown on the tentative map all existing easements, waveled ways, and drainage courses, and their omission may require the pwject to be resubmitted for further review. PRIOR TO P,I~ORDATION OF THE FINAL MAP: 29. As deemed necessary by the Depamnent of Public Works, the developer shall receive written clearance from the foliowing agencies: Eastern Municipal Water District; Riverside County Flood Control district; swrAmu,msa.cc 21 31. 32. 33. 34. 35. 36. CATV FranchiSe; Temeclda Unified School District. All road ~ and/or sU'ect dedi,'~Hons slmH be offered for dedication to the public and shall continue in force. unt~ the City accqas or abandons such offers. All dedi~tions shah be ~ fn:mi all cocumtmmces as appmved by the :l:)epamnent of Public Wo~..s. Streets "A", "B" , "C" , "D" and "F" shall be improved with 40 feet of asphalt concrete pavemeat, or bonds for the Street improvements my be posted, within the de~ticat~ right-of-way in accordance with County Standanl No. 104, Section A ((~:)'/,10'). Streets "G", "H", "I' and ,J" shall be improved with 36 feet of .~hait concrete pavement, or bends for the street improvements may be posted, within the dedicated right-of-way in accmdan~ with County Standard No. 105, Section A (60'/36'). Rim Way shall be improved with 20 fcct of half street improvement plus one 8 foot lane, or bends for the street improvements may be posted, within the dedicated right-of-way in acconiance with County Standard No. 104, Section A (60'/40'). These improvements shah be coonlinated with Tract Map No. 25004 as directed by the Dcpaxtment of Public Joseph Road shall be improved with 28 feet of asphalt concrete pavement from Nicolas Road to Rita Way, or bends for the street improvements may be posted, within the dedicated right-of-way in accordance with County Standard No. 104, Section A (60'/40'). These improvements shall be at ultimate grade and shall be coordinated with adjacent projects as direc~ by the Department of Public Works. If secondary access can be provided through Tract No. 23143 from Joseph Road, those improvements through Santa Gcmudis Crock to Nicolas ROad my be deleted by the Dcpamnm of Public Works. Seraphina Road shah be improved with 20 feet of half street iniprovement plus one 8 foot lane, or bonds for the street improvements may be posted, within a 60 foot dedicated right-of-way in accordance with county Standard No. 104, Section A (60'/40'). These improvements shall be coordinated with adjacent projects as directed by the Depamnent of Public Works. In the event that Willows Avenue is not constructed from Street "A" to North General Kenmy Road prior to the final map recordation, the deve~ shall constma or bend for the improvements to provide for full street improvements per Riverside County Sumdard No. 103 (66'/44'). The improvements shah be constructed prior to occupancy. 37. 38. 39. 42. 43. Joseph Road north of Rim Way shall be vscStd as directed by the City !~ineer. Proces~g slsn be per the requiremeats of a full Seaoral vatsion as mluired by Riverside County Ordinance and Seaion 8300 of the California Streets and Highways Code. Prior to vacating ~oseph Road, alternate access to the existing s~hool and park site shall be provided. In the event road or off-aite right-of-way are required to comply with these conditions, such easements shall be olXahr~ by the developer;, or, in the eveat the City is required to condemn the easement or right-of-way, as provided in the Subdivision Map A~t, 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. Vehicular access shall be restrict~ on Rita Way and Seraphina Road and so noted on the final map with the exception of public street intersections as approved by the Department of Public Works. Comer property line cut off shall be required per Riverside County Standard No. 805. Easemems, whim required for roadway dopes along arterial ~, lnnd~ easements, drainage facilities, utilities, etc., shs11 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 Department of Public Works. The subdivider shall constma or post security and an agreement shall be executed guarameeing the construction of the following public improvements in confonnance with applicable City standards. Street improvements, including, but not limited to: paveme~, curb and gutter, medians, sidewalks, drive approaches, street lights, signing, striping, and other traffic control devices as appropriate.. C. Landscaping (street and parks). D. Sewer and domestic water systems. E. All trails, as required by the City's Ms-~er Plans. F. Undergrounding of proposed utility distribution lines. The street design and improvement concept of _this project shall be coordinated with adjoining developments. swrmlscz.cc 23 the re~ of Olxllnnnce No. 461 and as apptoved by the Deparunent of Public Works. Prior to tecordation of the final map, the developer shah deposit with the Department of Public Wo~ns a cash sum as established, per lot, as mitigation towards trt/~c signal imlscc~s. Should the ~ choose m defer the time of payment of traffic signal mitigsfion fee, he may enter .into a written agmmunlt with the City deferring said payment to the ~me of ismanc~ of a buildin__g permit. Th~ minitnU!ll (~f~ ~ shall b~ 300 feet or as atVn~ed by the Department of Public Works. 48. All street cente~i~ intersections shall be at 90 degrees or as approved by the ~ent of Public Works. Impwvement plans sixnil be based upon a centerline profile extending a minimum of 300 feet beyond th~ project botmda~s at a gra~ and alignment as appmved by the Department of Public Works. 50. A minimum centedine street grade shall be 0.50 51. AH driveways shall conform te the applicable County of Riverside mandards and shah be shown on the street impmvement phns in Ex:ozdan~ witb County Smndard 400 and 401 (curb sidewalk). 52. AH driveways shah be located a minimum of two (2) feet frtm~ the property line. 53. The subdivider shall submit two (2) prints of a comprebemive grading plan to the Department of Public Works. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in the~ Conditions of Approval. The plan shall be drawn on 24" x 36" mylar by a Registered Civil Engineer. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 55. 56. The subdivider shall submit two (2) copies of a soils report to the Department of Public Works. The r~port shah address the soils stability and geological conditions of the site. A drainage study shah be submitted to and approved by the Department of Public Works. All drainage facilities shall be installed as required by the Department of Public Works. 57. On-site drainage fac'tliti~s, located outside of road right-of-way, shah be contained within drainage easements shown on the final map. A note shall be added to the final map stating "Drainage easements shall be kept free of !mikiings and obstructions." S~,qTAPFRPT~I3CZ. CC 24 58. 59. The subdivider shall protect downstream pfolx, ties from clamages caused by alteration of the dmimge paUexm; i.e., coocentration or diversion of flow. Protection shall be provided by con~xmieg adequate drainage '~, including enlarging existing 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 PER_MIT$: 61. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the Department of Public Works. A grading permit shall be obtained from the Department of Public Works prior to commencement of any grading outside of the City~ road right-of-way. All lot drainage shah be to the street by side yard drainage swales independent of any other lot. A flood mitigMion charge shall be paid. The charge shah 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 BI.m'-r~ING PERMIT: A precise gr~_ding plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a re$istemt Civil Eagineer for location and elevation, and the Soil ~-ngineer shall issue a Final Soils Report ackiressing compaction and site conditions. Grading of the subject property shall be in accoxdance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be Developer shall pay any capital fee for mad improvements and public facilitim imposed upon the propc, ty or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declareion for the project. The fee to be paid shall be in the mount 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 Agreement my requite the payment of fees in excess of those now earlranted (n~uming benefit to the pmject in the amount of mch fees). By execution of this Agfeement, dev~ win waive any right ~o protest the provisions of ~ Condition, of this developer is not waiving its right to protest the rcasonablcncss of any tmf~ impact fcc, and the mount ~f. PRIOR TO ISSUANCE OF CERTIHCATBS OF OCCUPANCY: 68, Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive appto, ctes, parkway trees and street lights on all interior public mem. : adequately. Trg~conU'olp~~bcprovidedudircacd by the Depa~ment of Pubtic Works, and may be required to be prepared by a registered Civil ~,~gine6. Asphaltic emulsion (fog seal) shall be applied not less than 14 days fortowing placement die asphalt surfacing and shall be applied at amte of 0.05 gallon per square yard. Asphalt emulsion shall codcam to Section Not 37, 39, and 94 of the State Standard Specifications. TRANSPORTATION ENGINF-RRING PRIOR TO RECORDATION OF THE FINAL MAP: 71. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for general local streets or larger and shall be Prior to designing any of the above plans, contact Transportation Engheefing for the PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 73. A constmeeon area traffic control plan shah be designed by a registered Civil Engineer and ~ by the City Engineer for any street closure and detour or other disruption to tntffic cizculation as required by the City Engineer. PRIOR TO THE ISSUANCE OF OCCUPANCY PI~,MIT$: s~m.~:~z.cc 26 As warranted, traffic sipls shall be in~l~!1ed and operalj~ for the intersections of MurrieU Hot Sprinlgs Road at Willows Avenue and Murriet~ Hot Sprinlgs Road at Town View Avenue. If warrants have been met prior to occupancy of the subdivision, as determined by the County of Riverside Transporr3~on Department, occupancy shall be permitted with installation of said signals and as directed by the Department of Public Works. S~'TAPFRF~I3CZ. CC :27 ATTA~ NO. 4 PLANNING COMMI-~SION MINtrrES FROM OCTOBER 21, 1991 s~r~m~2~:7~c 28 \. OCTOn~ 2~, 199¶ C~MXBBION~FORDmoved to continue Parcel Hap 254 for two weeks to look at the cut area on the vester ;lope .edge where the existing chaparral is and the applicant stake the upper boundaries of the tra for the Commissions review. The applicant with the 2OMMISSIONEaFAWaY seconded the on. AYES: 4 COMMISSIONERS: Fahey, Hoagland : 0 COMMISSIONERS: I COMMISSIONERS: iniaeff COMMIBBION2R returned to his seat C~AIRMAN NOAGLa.ND action on the foil two items together. 14, EXTENSION OF 22761 14.1 Proposal for s residential west side of Yne of Time for a 50 lot E6.7 acres. Located on the of Pierce Lane. EXTENSION OF TIME NO. 22762 lS.1 Proposal for residential side of ision Road, .on of Time for a 80 lot acres. Located on the west of Ynez Road. opened the ic hearing at 9:20 P.M. D~NNY 43180 the applicant, stat, proce of completing the eros: con( with the recommendation Drive, Temecula, they were in the control plan and :ontinuance. BlaIR moved to Continue Tentative Tract No. 22761 and ~762 and continue the public hearing L991, seconded by COMMISSIONER CHINIA~FF. Lsion of Time ve Tract No. November 4, AYES: 5 NOES: 0 COMMISSIONERS: COMMISSIONERS: Blair, Ford, Ch Hoagland None 16. VESTING TENTATIV~ TRACT NO. 26828/C~ANGE OF lONE NO. 13 16.1 Proposal to change zone from R-R to R-1 and a proposal to ItC'IV410~i~I -14 - s~t'asx 3tI.jt..tl!Ill 4DOla(TBITC3M subdivide 35.!5 acres into 130 residential lots. Located at the northwest corner of Rite way and Seraphina Road. .liXlX IlO/kDF~!prasented the' staff report. COIfalllO!r~!Flk!l/r stated that the lest page of the Planning recommends no more than three dwelling .~its per acre and ~e ~xim~ st~ctural coverage of ~he area to ~ less ~an 20t in the traffic pattern areas. Xl~ough this'tam. was not prepared for this project, but was prepared for the adjacent project, this project!is proposed at higher densities. I~tRX II!O~DBB stated that the lot sizes were the same on the adJacenttract~ however, there was a large easement on the adjacent project. CON!aBBION~iFOID questioned if there was an aviation easement reqUirement. MMtI R~OXDBS advised that there was not a requirement; however, staff had received a letter from the A.L.U.C. requesting one. CO~XZBBZON~ F/k~mY questioned council on the City's liability in!overruling the A.L.U.C. 3OBNC~VM~UG~iadvisedthatthe Citywould not assume the liability~ hOwever, it relieves the operator of the liability. Nr. Cavanaugh added that whatever the recommendation is to the City Council on this matter, the provisions of the Public Utilities Cede requires that if it is the decision of the City Council to override the recommendation by the AirpOrt Land Use Commission, it must make specific.findings that the particular project falls in line with purposes and intent of state law,' saying that there is not a noise problem, air safety problem, etc. CIIXlRXXNNOAGLXIFDopened the public hearing at 9:30 P.N. DON LO~R, Lohr & Associates, 43515 Ridge Park Drive, Tamecula, expressed concurrence with the staff rapoat and requested that condition No. 75 be deleted. Mr. Lohr stated that they would participating in signal mitigation through the form of fees paid. ROBERT RIGNETTZ advised that the City's policy on signal ,F. id]kl.~!.]14 rwtlQiTBBTON MTIIUTRI mitigation fees is that the fees are being used on signals of regional impact. The rest are developer driven. In the case of the signals associated with Tract 23145, adjacent to this Tract, these two signals will be paid for by the developer. ltr. Righetti added that if these two signals had fallen within the City' s boundaries, staff would have conditioned the applicant to participate in these signals through a reimbursement agreement. Staff has tied the occupancy of this Tract to those signal warrants; however, if the signals are not warranted, staff has no objection to giving occupancy. CO~)IIBBION~R FORD questioned if the applicant would be opposed to providing permanent irrigation to the slopes behind the homes which are to be homeowner maintained. DON LOKR stated that they would not be opposed to irrigating these slopes. NI~RK IIIOADES added that the applicant was conditioned to irrigate these slopes. COIOIIBBZONBR C~IZNDLF~F stated that he met with Nr. Lohr prior to the meeting to review the proposal and at the time discussed the lots with the large slopes. He offered that the applicant has the ability to adjust the top of the slope to the property line by taking out two lots on each side of "C" Street as an alternative. DON LO~R indicated that the applicant does not feel that · this is necessary and the easements will be a reasonable solution. CONXIBBION~ FORD questioned if the applicant would be willing to install the interior fencing. The applicant responded thattheyunderstoodthey would be responsible for that fencing. CONNZSSZON~R FORD stated that he would like to see 15 gallon to 24" box trees. DON LOBI stated they would be viiling to amend the condition to read "as approved by staff". CONMZSBIO)r2~ C!!INII~FF asked if the applicant was proposing to put a fence at the top of slopes 91 through 98, as yell as along Serafina and questioned who will maintain the down slopes along the retaining wall. DAVID LOCII, Lohr Associates, stated that what was proposed was that the wall would be at the top.of the K:MNI0/21;91 - -- :Z 6 - 1(F23~91 ~ pM,iladlTjSl.0] ]i.],.ul;~ll lv~.mlrit 9.1. lggl .slopes and would be maintained by the TCSD. eAR! lING stated that he was not aware that this was the intent of the Condition that the TCSD maintain the slope area. At this time there has been no discussion of turning those slopes over to the TCSD; however, if that is the intent, they must go through the norma 1 application process. MaRl P~OaDF~ Stated that the Condition reads that the developer is responsible for the upkeep of the slopes until such time as the TCSD would take over the maintenance. eOMHZSIXO~ C~XFIa~FF stated that with no Homeowner rs Association, there has to be a way of maintaining these slopes. DON L0n stated that they hope the TCSD would take over the maintenance of these slopes and would proceed with making application. COMMISIXO~aHFZ stated that the real issues were the conditions and findings. DON LC~R advised the Commission that the land use has already been established in this area. The project is not located in. the flightpath of the main runway and the project is barely in the 2 mile radius. He added that the sound study showed that the project is not affected by the sound Of the airport. COMMISSX0~a FO~D stated Attorney to review the mitigation. that he asked staff and City requirement for school fee DON LOBI agreed to bring the' School Fee up to building permit stage. ~OBNCaVXNXUGladvised that if the recommendation is for approval, staff will re-write Conditions 27 and 29 and advise as to what position the City will take. NaRI BHOXDBS advised of the following modifications to the Conditions of Approval: deletion of Condition 10; Condition I6(A), No. 5, add 'All properties adjacent to public right-of-ways; and Condition No. 14(A) the developer shall acquire easements for the placement of top of slope fencing for Lots 109 through 116 and 118, -17- taT..~t .~Tdd~2IMTH6 OO)fi4TBBTON MTIII2TwB OQTO9!tep. 91, 1991' 129, and 130. mOBZRT mIGI~TTZ advised that after discussion, staff feels that Condition 75 should remain as written. CONNIBBZQI~RCSilNII~FF stated that he was concerned with recommendation by the Airport Land Use Commission; however, this is the only land that does not have houses approved on it in that area. COM~lSaXO!r~-lFORDstatedthat the Commission will have to make those findings that are 9oin9 to approve this tract which is that the Commission has reviewed the sound study that shows that the noise levels are not detrimental; the densities are complimentary to other areas that fall within the Jurisdiction and that there are housing developments closer to the airport that are already built. CONXlBBIONE~ FA~BY stated that she felt the Commission did not need to compound the problems that already exist and that the Commission does not have the data to override the decision by the Airport Land Use Commission. COl2(lSSXOl~RFkl[Z~moved to close the public hearing at 10:10 P.M. and recommend Dents1 of the Negative Declaration for Vesting TentativeTract Map No. 26828 and Change of Zone No. 13 and recommend nenial of Vesting Tentative Tract Map No. 26828 and Change of Zone No. 13 based on the recommendation by'the Airport Land Use Commission, seconded by CONI(IBSlONBR BI~IR. CO!~(iBBION~RC~ZNI~FF stated that he has concerns about the design of the tract and landscaping of.the parkways; however, he was not sure he felt that the proposal should be denied. AYES: 3 COMMISSIONERS: Blair, Fahey, Hoagland NOES: 2 COMMISSIONERS: Chintaeff, Ford PCMNIOt21~91 -18- !~7J~91 ATrA~ NO. S ~G COMI~$IO N STAFF I~0RT FROM OCIY)BER 21, 1991 s~rA~.a~lx~cc 29 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION October 21, 1991 Case No.: Change of Zone No. 13 (CZ 13) and Tentative Vesting Tract Map No. 26828 (V'TM 26828) Prepared By: Mark Rhoades RECOMMENDATION: Staff recommends that the City Planning Commission: RECOMMFND ADOPTION of the Negative Declaration for Vesting Tentative Tract Map No. 26828 and Change of Zone No. 13; Rr-COMM;ND that the City Council over rule the Airport Land Usa Commission denial of Change of Zone No. 13 and Vesting Tentative Tract Map No. 26828. ADOPT Resolution No. 91- recommending approval of Change of Zone No. 13 based on the Analysis and Findings contained in the Staff Report; and ADOPT Resolution No. 91- recommending approval of Tentative Tract Map No. 26828 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. APPLICATION INFORMATION APPLICANT: Dacin Development, Inc. REPRESENTATIVE: Lohr and Associates, R.C.I. PROPOSAL: Change of Zone from R-R 2½ to R-1 and a 130 lot residential subdivision on 35.5 acres. LOCATION: Northwest corner of Rita Way and Seraphina Road EXISTING ZONING: Rural Residential, 2 ½ acre lot size minimum STAFFRPT%13.CZ SURROUNDING ZONING: PROPOSED ZONING: North: South: East: West: SP (Specific Plan) R-R2½ (Rural Residential 2 ½ acre lot size minimum) R-1 (Single Family Residential) SP (Specific Plan) (Single Family Residential) EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: Vacant South: Vacant East: Vacant West: Vacant PROJECT STATISTICS: Number of Acres: 35.5 Numer of Unite: 130 Minimum Proposed Parcel Lot Size: Proposed Density: 3.6 D.U./acre Minimum Permitted Lot Size: 7,200 square feet 7,200 square feet BACKGROUND Vesting Tentative Tract Map No. 26828 and Change of Zone No. 13 were submitted on March 21, 1991. The proposed Change of Zone and Tentative Map were presented to the Development Review Committee at'meetings held on April 1 lth and August 29th of 1991. The proposed subdivision was reviewed by Riverside County Airport Land Use Commission on July 24, 1991. PROJECT DESCRIPTION Change of Zone No. 13 The proposed Change of Zone is an application to change the zone on 35.5 gross acres of land. The current zoning is R-R 2½ (Rural Residential-2½ acre minimum lot size) end the project proposes R-1 (Single-Family Residential). The current Southwest Area Plan designation for the proposed site is Residential, 2-4 dwelling units per acre. Vesting Tentative Tract Map No. 26828 The proposed subdivision is an application to create 130 single family lots on 35.5 acres. The project is located at the northwest Corner of Rite Way and Seraphins Road. The project is bounded on the north, east, and west by approved residential projects. To the south is vacant land located in flood plain ares. STAFFIFT%13.CZ 2 ANALYSIS Area Coml~tibllity The proposed project is surrounded on three sides by higher density zoning and approved single family projects. The area to the north and west is the Silver Hawk specific plan approved by Riverside County, The tram immediately adjacent to this project site exhibit lot sizes which have areas as small as 4,500 square feet. The R-1 tract to the east was recently approved by the City of Temecula with 7,200 square foot lot sizes. Southerly of the proposed project site is vacant land which is zoned R-R 2 ½, and located in a designated flood zone. The current Change of Zone and Tentative Map propose R-1 zoning and minimum lot sizes of 7,200 square feet, The project is consistent with the current pattern of area development. DESIGN GUIDELINES The design guidelines for the proposed Vesting Tentative Tract Map provide descriptions relative to fencing, walls, lot layout and landscaping in accordance with the requirements of Ordinance Nos. 348 and 460. The architectural theme of the project is California ranch style, with wood frame and stucco construction. All trees within the project will be required to be a minimum of 15 gallons in size. The front yards of all proposed units will contain landscaping and irrigation prior to the issuance of occupancy permits. All cut and fill slopes with a ratio of 2:1 are required to be planted and irrigated, The design guidelines propose the use of smooth and split face concrete block. All walls adjacent to public rights of way will to be decorative block. SITE LAYOUT The proposed site is located in an area of gently rolling terrain with slopes that trend in a south-southwest direction. The proposed site deign generally corresponds to the existing topography of the site. Approximately 380,000 cubic yards of earth (balanced cut and fill) will be moved on site to permit lot development. All of the proposed lots exhibit building pads which provide for maximum useable area. The majority of proposed lots have slopes which are less that 2½ feet in height. All internal slopes will be maintained by individual homeowners. No homeowners association is proposed. The project is adjacent to an existing elementary school, and the map provides for access to the school through the tract boundary. CIRCULATION The proposed project will take access from Willows Avenue, Rite Way and Seraphina Road. Ultimately traffic will flow onto Nicolas Road and Murrieta Hot Springs Road when it is improved under Assessment District No. 161. The interior streets of the proposed site trend in an east/west and north/south pattern. Cul- de-sac streets are utilized to reduce traffic flows. The applicant has proposed a 10 foot wide improved path way between the cul-de-sac bulb of street "B", and the adjacent school site. This path will provide access for children travelling between the proposed subdivision and the school site. · r~wm~s.cz 3 AIRPORT LAND USE COMMISSION Senate Bill 255 established a mandatory framework for counties in the State of California to formulate specific land use policies for airport areas, and review of those projects within airport influence ,boundaries. The Riverside County Airport Land Use Commission has adopted the State Airport Land Use guidelines which include a two mile radius requirement for project review. The radius of the influence area only allows residential lots with a minimum size of 2 ½ acres., Vesting Tentative Tract Map. No. 26828 propose 7,200 square foot lot sizes. The Riverside County A.L.U.C. denied the project on July 18, 1991 based on S.B. 255 and the findings required for that action. Section 21675 of the Public Utilities Code allows that if the A. LU.C. disapproves an application, the City may overrule the A.L.U.C. by a two thirds vote if it makes findings that the proposed action is consistent with the purposes of the Public Utilities Code pursuant to A.L.U.C. provisions. As pointed out by the City Attorney (attachment No. 5), if the City is not the operator of the airport, the operator becomes immune from liability for damages to property or personal injury for the City's decision to proceed with the particular project. The City Council must make specific findings in order to overrule the A,L.U.C. decision. In overruling the decision of the Airport Land Use Commission, the City assumes the :liability for damages relative to the tract. As a result of the A.L.U.C. recommendation for this project and the approved tentative map adjacent, a noise study was conducted (attachment No. 6) to examine the potential impact of airport noise. The study has shown that the proposed project is located well outside of the 65 Community Noise Equivalent Value Area (C.N.E.L) which the County of Riverside and the State of California Division of Aeronautics use as a standard for minimum outside noise levels in a residential area. The outside. C.N.E.L. range for the project is 50-54 dB. Standard residential construction techniques will reduce the noise levels well below the Environmental Protection Agency standard of 45 dB for interior noise levels. The project is not located within a clear zone or an approach safety zone of the French Valley Airport. Based on the findings and data contained in the noise study completed by J.J. Van Houten and Associates on May 30, 1991, Staff is of the opinion that the proposed project will not be adversely impacted by the French Valley Airport. ZONING The current zoning for the proposed project is R-R 2½ (Rural Residential 2 ½ acre lot size minimum). The proposed zoning is R-l, which allows 7,200 square foot lot sizes. Zoning to the north and west of the site is currently zoned for high density single family residential under Specific Ran 213. East of the project site is R-1 (Single Family Residential) zoning. South of the project site is existing R-R 2 ½ zoning. Based on the surrounding zoning, Change of Zone No. 13 is a logical extension of the R-1 zoning to the east. Approval of the proposed zoning will provide a buffer between the higher density specific plan to the north and lower density zoning to the south. SOUTHWEST AREA PLAN AND FUTURE GENERAL PLAN The current SWAP designation for the proposed project is 2-4 dwelling units per acre. The proposed density of 3.6 units per acre is consistent with that designation. The designation to the north and west is specific plan, and the designation to the south and west is 2-4 dwelling units per acre. The proposed project is likely to be consistent with the City's Future Adopted General Plan because of the intensity of approved area development. ENVIRONMENTAL An Initial Study completed for the project identified potential impacts relative to wildlife, noise, circulation, and public services. Although the project area is located within potential habitat area, biological report completed on July 15, 1991, identified no individuals of the Stephen's Kangaroo Rat on site. However, the project is within the habitat conservation fee area and is conditioned for the payment of fees pursuant to Ordinance No. 663. The noise study for this project is discussed in this report under the sention titled "Airport Land Use Commission". The potential for noise impact is insignificant. Potential impacts for circulation have been identified and mitigated relative to the traffic study completed for this project. The engineering department has reviewed and accepted said traffic study. Potential public services impacts will be mitigated by the payment of appropriate fees and through the conditions of approval. SUMMARY AND CONCLUSIONS Change of Zone No. 13 and Vesting Tentative Tract Map No. 26828 are consistent in size, scale, and design with adjacent and area development approvals. The proposed project is consistent with the SWAP which the City has adopted as a policy guideline. The zoning request is consistent with area development. -. Given the ultimate runway length and approach zones for the French Valley Airport and the noise contours associated with that lengl~h, the proposed Change of Zone and tentative subdivision will not have an impact on the regular operation of said airport nor will the airport have a substantial impact on the proposed subdivision. All other potential environmental impacts have been mitigated to a level of nonsignificance. FINDINGS Change of Zone No. 13 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!!m~S.CZ 5 e There is not a r~asonable 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 in the context of city-wide and regional development patterns. The proposed change in district classification is reasonable and beneficial at this time as it is a logical expansion of residential uses which are approved in the vicinity of the project site. The proposed change in district classification from R-R-2½ to R-1 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 (SWAP) recommendations for the subject property. Further, densities and uses proposed are similar to existing densities and uses in the vicinity of the project. 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 Rita Way and Seraphina Road. Additional internal access and required road improvements abutting proposed; lots will be designed and constructed in conformance with City standards. Said findings are supported by analysis, minutes, maps, exhibits, and environmental documents associated with this application and her.in incorporated by reference. The Airport Land Use Commission is making substantial progress toward the completion of a land use plan. There is reasonable probability that the action, regulation, or permit will be consistent with the plan being considered by the Airport Land Use Commission. 10. There ie little or no probability of substantial detriment to or interference with the Future Adopted Ran in the action, regulation, or permit is ultimately inconsistent with the future adopted Airport Land Use Plan. Vesting Tentative Treot Map No. 26828 The proposed Parcel Map will not have significant negative impact on the environment, as determined in the Initial Environmental Assessment prepared for Vesting Tentative Parcel Map No. 26828. A Negative Declaration is recommended for adoption. 6TAFFRP~13.CZ 6 10. 11. There is a reasonable probability that this proposal will be consistent with the General Plan being prepared at this time. The map together with the attendant zone change request are consistent with applicable subdivision and land use ordinances, and conform with the City's Southwest Area Plan (SWAP) guidelines affecting the subject property. There is not a likely probability of substantial detriment to, or interference with, the future adopted General Ban, if the proposed use is ultimately inconsistent with the plan, The project is consistent with surrounding development, and does not logically have the potential to generate significant adverse environmental impacts, The proposed use or action complies with City and State planning and zoning laws. Reference local Ordinances No. 348, 460, California Governmental Code Sections 65000-66009 (Banning Zoning Law), and Government Code Title 7, Division 2. The site is suitable to accommodate the proposed land use in terms of the size and shape of parcel configurations, access, and density. The project has access to public rights-of-way, and is designed with sufficient parcel acreage allowing appropriate building pad sightinge. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the initial study prepared for this project. Reference the attached Initial Environmental Study and Conditions of Approval for Vesting Tentative Tract Map No. 26828. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project as conditioned. Easement dedications are not evident in grant deeds describing the property. The site for the proposed use is provided legal access via Rite Way and Seraphina Road public rights-of-way. Development of these roads shall comply with City Engineering Conditions of Approval contained herein. The proposed project will not inhibit or restrict future ability to use active or passive solar energy systems. Adequate lot areas and exposures are provided for these alternatives. The proposed use will not have a substantial adverse affect on abutting properties or the permitted use thereof. The proposed map provides for residential development similar in character and densities evident on vicinity properties. Land use incongruities and associated adverse affects arising from implementation of this proposal are unlikely. The Airport Land Use Commission is making substantial progress toward the completion of the plan. STAFFIF~13.CZ 7 12o Them is reasonable probability that the action, regulation, or permit will be consistent with the plan being considered by the Airport Land Use Commission. 13. There is little or no probability of substantial detriment to or interference with the Future Adopted Plan in the action, regulation, or permit is ultimately inconsistent with the Future Adopted Airport Lands Use Plan. RECOMMENDATION: Staff recommends that the City Planning Commission: RFCOMIVI~ws ADOPTION of the Negative Declaration for Vesting Tentative Tract Map No. 26828 and Change of Zone No. 13; ~l=Nrs that the City Council over rule the Airport Land Use Commission denial of Change of Zone No. 13 and Vesting Tentative Tract Map No. 26828. ADOPT Resdution No. 91- recommending approval of Change of Zone No. 13 based on the Analysis and Findings contained in the Staff Report; and NsOPT Resolution No. 91- recommending approval of Tentative Tract Map No. 26828 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval. vgw Attachments: 2. 3. 4. 5. 6. 7. Change of Zone Resolution - page 9 Vesting Tentative Tract, Map !Resolution - page 14 Conditions of Approval; page 20 Environmental Assessment- page 33 Exhibits - page 48 City Attorney Letter - page 49 Airport Studies - 50 8 ATTACHMENT NO. 1 CHANGE OF ZONE RESOLUTION STAFFIFT'%13.CZ 9 ATTACHMENT NO. 1 RESOLUTION NO. 91-105 A RESOLUTION OF THE CITY OF TEMECULA PLANNING COMMISSION RECOMMENDING DENIAL OF CHANGE OF ZONE NO. 13 CHANGING THE ZONE FROM R-R-2½ TO R-1 ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF RITA WAY AND SERAPHINA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 914-260-039, 040, 041,042, 043, 044, 045, AND 046. WHEREAS, Dacin Development, Inc. filed Change of Zone No. 13 in accordance with the Riverside County Land Use;, Zoning, Planning end Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Change of Zone application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Change of Zone on October 21, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS; at the conclusion of the Commission hearing, the Commission recommended denial of said Change of Zone; NOW, THEREFORE, THE CITY OF TEMECULA PLANNING COMMISSION DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings That the City of Temecula Planning Commission hereby makes the following findings: Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: The city is proceeding in a timely fashion with the preparation of the general plan· Be The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: · rN~wm~a.cz 10 ~ (1) Them 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 reasormbie time. (2) Them is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is Ultimately inconsistent with the plan. (3) The proposed use or ant,on complied with all other applicable requirements of state law and local ordinances. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP') was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. The Planning Commission in recommending denial of the proposed Change of Zone, makes the following findings, to wit: The. proposed zone change may have a significant adverse effect on the environment, as a result of potential future impacts from the French Valley Airport. 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. The project may be of significant scope in the context of city-wide and regional development patterns. The proposed change in district classification from R-R-2 ½ to R-1 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 thb Southwest Area Plan (SWAP) recommendations for the subject property. Further, densities and uses proposed are similar to existir~g densities and uses in the vicinity of the project. The site of the proposed change in district classification may not be suitable to accommodate all the land uses currently permitted in the proposed zoning district. Possible land use conflicts may arise as the project proposes residential uses that are too dense according to the interim guidelines of the A.L.U.C. Adequate access exists for the proposed residential land use from Rita Way and Seraphina Road. Additional internal access and required road improvements abutting proposed lots will be designed and constructed in conformance with City standards. $TAFFRFT%13.CZ 11 Said finUings are supported by analysis, minutes, maps, exhibits, and environmental documents associated-with this application and herein incorporated by reference. The Airport Land Use Commission is making substantial progress toward the completion of the French Valley Airport Land Use Plan. Them is a reasonable probability that the project will be inconsistent with the plan. There is a probability of substantial detriment to or interference with the plan, if the project is ultimately inconsistent with the plan. The Change of Zone may not. be compatible with the health, safety and welfare of the community. SECTION 2. Environmental Comfdiance. The Planning Commission has determined that future impacts relative to the French Valley Airport may be significant. The Planning Commission recommends tl-4t the City Council should uphold the determination of denial rendered by the A.L.U.C. SECTION 3. Recommendedon. That the City of Temecula Planning Commission hereby recommends denial of Zone Change No. 13 to change the zoning on 35.5 acres of land from R-R-2½ to R-1 on property generally located at the northwest corner of Rite Way and Seraphins Road and known as Assessor's Parcel No. 914-260-039, 040, 041,042, 043, 044, 045, AND 046. STa, E-m-,d3.CZ 12 ~' SECTION 4. PASSED, DENIAL AND ADOPTED this 21 st day of October 1991. JOHN E. HOAGLAND CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temacula at a regular meeting thereof, held on the 19th day of August, 1991 by the following vote of the Commission: AYES: 3 NOES: 2 ABSENT: 0 COMMISSIONERS COMMISSIONERS COMMISSIONERS STAFFRPT%13.CZ 13 ATTACHMENT NO. 2 VESTING TRACT MAP RE~OLUTION grA.~13.CZ 14 ATTACHMENT NO. 2 RESOLUTION' NO. 91-104 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING DENIAL OF VESTING TENTATIVE TRACT MAP NO. 26828 TO SUBDIVIDE A 35.5 ACRES INTO 130 RESIDENTIAL LOTS. GENERAL LOCATION OF SAID MAP BEING THE NORTHWEST CORNER OF RITA WAY AND SERAPHINA ROAD. WHEREAS, DEcin Development, Inc. filed Vesting Tentative Tract Map No. 26828 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Tract Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Tract Map on October 21, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended denial of said Tract Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings That the Temecula Planning Commission hereby makes the following findings: Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: A8 The city is proceeding in a timely fashion with the preparation of the general plan. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: STAF:FRPT%13,CZ 15 (1) (2) There is a reasonable probability that the land usa or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (3) The proposed use or action complied with all other applicable requirements of state law and local ordinances, The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plen 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, The proposed Tract Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: A. The city is proceeding in a timely fashion with a preparation of the general plan. 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: (1) There is reasonable probability that Vesting Tentative Tract Map No. 26828 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (2) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan, (3) The proposed use or action complies with all other applicable requirements of state law and local ordinances. Pursuant to Section 7.1 of :County Ordinance No. 460, no subdivision may be approved unless the following. findings are made: At That the proposed land division is consistent with applicable general and specific plans. That the design or improvement of the proposed land division is consistent with applicable general and specific plans. ~r~wm~..cz 16 That the site of the proposed land division is physically suitable for the type of development. That the site of the proposed land division is physically suitable for the proposed density of the development. That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat, That the design of the proposed land divisien or the type of improvements are not likely to cause serious public health problems. That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that altamata 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. The Planning Commission in recommending denial of the proposed Vesting Tentative Tract Map, makes the following findings, to wit: The proposed Tract Map may have significant negative impact on the environment, as a result of potential future impacts from the French Valley Airport. There is a reasonable probability that this proposal will not be consistent with the General Plan being prepared at this time. The map together with the attendant zone change request are consistent with applicable subdivision and land use ordinances, and conform with the City's Southwest Area Plan (SWAP) guidelines affecting the subject prope.rty, however, an Airport Land Use Plan has not been adopted for the French Valley Airport, future General Plan consistency can not be determined. 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. The project is consistent with surrounding development, however it may have the potential to generate significant adverse environmental impacts, The proposed use or action complies with City and State planning and zoning laws. Reference local Ordinances No. 348,460, California Governmental Code Sections 65000-66009 (Planning Zoning Law), and Government Code Title 7, Division 2. STAFR~m~3.CZ 17 The site [s suitable to accommodate the proposed land use in terms of the size and shape of parcel configurations, access, and density. The project has access to public fights-of-way, and is designed with sufficient parcel acreage allowing appropriate building pad sightinge. The project as designed and conditioned will adversely affect the built or natural environment as determined by the Planning aCommission relative to the French Valley Airport.' The design of the subdivision, the type of improvements and the resulting street layout are such ~thst they are not in conflict with easements for access through or use of the proparty within the proposed project as conditioned. Easement dedications are not evident in grant deeds describing the property. The site for the proposed use is provided legal access via Rite Way and Seraphins Road public =rights-of-way. Development of these roads shall comply with City Engineering 'Conditions of Approval contained her. in. The proposed project !will not inhibit or restrict future ability to use active or passive solar energy systems. Adequate lot areas and exposures are provided for these alternatives. The proposed use will not have a substantial adverse affect on abutting properties or the permitted use thereof. The proposed map provides for residential development similar in character and densities evident on vicinity propart,as. Land use incongruities and associated adverse affects arising from implementation of this proposal are unlikely. The Airport Land Use :Commission is making substantial progress toward the completion of the French Valley Airport Land Usa Plan. There is a reasonable ;probability that the project will be inconsistent with the plan. There is a probability of substantial detriment to or interference with the plan, if the project is ultimately inconsistent with the plan. As conditioned pursuant to SECTION 3, the Tract Map proposed may not be compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. The Planning Commission has determined that future impacts relative to the French Valley Airport may be significant. The Planning Commission recommends that the City Council should uphold the determination of denial rendered by the A.L.U.C. s'rAFm~.cz 18 SECTION 3. Conditions. That the City of Temecula Planning Commission hereby recommends denial of Vesting Tentative Tract Map No. 26828 for the subdivision of a 35.5 acres into 130 residential lots, generally located at the northwest corner of Rite Way and Seraphina Road. SECTION 4. PASSED, DENIAL AND ADOPTED this 21st day of October, 1991. JOHN E. HOAGLAND 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 21 st day of October, 1991 by the following vote of the Commission: AYES: 3 NOES: 2 COMMISSIONERS COMMISSIONERS ABSENT: 0 COMMISSIONERS STAFFRPT~13.CZ 19 ATTACHMENT NO. 3 CONDITIONS OF APPROVAL 2O ATTACHMENT NO. 4 ENVIRONMENTAL ASSESSMENT STAFFIFI~I3.CZ 33 ATTACHMENT NO. 4 CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY Background Name of Proponent: Address and Phone Number of Proponent: Date of Environmental Assessment: n~cin Develol~ment. Inc. R01 ~. P-xrfield Ave #901 AlhxmhrA. CA 91801 1818) 300-8883 Sentember 73. 1991 Agency Requiring Assessment: ~,IITY OF TI=MFCUI A Name of Proposal, if applicable: VestiLng Tentative TrAct Mao No. ~68~8 and Change of 7one No, 13 Location of Proposal: Northwest Corner of the Intersection of Rita Way .nd SerAnhina Ro-d. Environmental Impacts (Explanations of all answers are provided on attached sheeta.) Yes Maybe Ng 1. Earth. Will the proposal result in: Unstable earth conditions or in changes in geologic substructures? Disruptions, displacements, compac- t·on or overcovering of the soil? Substantial change in topography or ground surface relief features? The destruction, covering or modi- ~catlon of any unique geologic or ST~'I3.CZ 34 STAFFtF~II.CZ physical features? Any substantial increase in wind or water erosion of Mils, either on or off site? Changes in deposition or erosion of beach ends, or change in siltation, deposition or erosion which may modify the channel of a dver 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 quake, landslides, muds.ides, ground failure, or similar hazards? Air. Will the proposal result in: as Substantial air emissions or deterioration of ambient air quality? The creation of objectionable odors? Airsration 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 ram, drainage patterns, or the rate and amount of surface runoff? C$ Alterations to the course or flow of flood waters? 35 Yes Mxvbe X X L!~ de h$ Plant 8, Change in the amount of surface water iin 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? Change in the quantity of ground waterS, either through direct addi- tions er withdrawals, or through interception of an aquifer by cute or excavations? Substantial reduction in the amount of water otherwise available for public: water supplies? Exposure of people or property to water. ralsted 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, grase,~ crops, and aquatic, plants)? Reduction of the numbers of any unique, rare, or endangered species of plente? 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 Yes Mmvbe No _ _ X _ _ _ _ X _ _ X _ _ X _ _ X _ _ X sTAme~a.cz 36 of any agricultural crop? Animal Life. Will the proposal result in: Change in the diversity of species, or numbera of any species of animals (birds, land animals including rap- 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 wildlfe habitat? 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 Resource. Will the proposal result in: Substantial increase in the rate of use of any natural resources? Substantial depletion of any non- renewable natural resource? Yes _ X Mayhe No _ X _ X _ X STAFFFIPT%11.CZ 37 10. 11. 12. 13. Risk of Upset. Will the proposal involve: , A risk of an explosion or the release of haZardous substances (including, but nOt limited to, oil, pest, cedes, 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 Iocation~ distribution, density, or growth rate of the human population of an area? Housing. Will the proposal affect existing housing or cram 8 demand for additional housing? Transportation/Circulation. Will. the · proposal result in: am Generation of substantial additional vehicular movement? '. Effecte on existing paring facili- ties, or demand for new paring? Substantial impact upon existing transportation systems? de Alterations to present patterns of circulation or movement of people and/or goods? Alterations to waterborne, rail or air traffic? Increase in traffic hazards to motor vehicles, bicycllste or pedestrians? Yes Mq.yhe No _ _ X _ _ X _ _ X _ _ X ITAFFRPT%13.CZ 38 Yes Mq.yhe No STAR:IFT% 13. CZ 14. 15. 16. Public Services. VVill the propoSal have substantial effect upon, or result in a need for new or altered govemrnentel services in any of the following areas: ae CN Fire protection? Police protection? Schools? Parks or other recreational facilities? Maintenance of public facilities, including roads? Other governmental services: Energy. Will the proposal result in: a~ Use of substantial amounts of fuel or energy? Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: Power or natural gas? Communications system? Water? Sewer or septic tenks? Storm water drainage? Solid waste and disposal? ee 39 X X X X X X X Xe X X X X X -Yes Maybe No 17. 18. 19. 20. Human Heallh. Will the proposal result in: CreatiOn of any health hazed 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 she open to public view? Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? Cultural ResOurces. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, sTrucTUre, or object? Ce Does the proposal have the potential to cause a physical change which would affect unique ethnic culTUral values? Will the proposal restrict existing religious or sacred uses within the potential impact area? _ X _ _ X STAPrw-n13.CZ 40 Yes Mxvhe No 21. Mandatory Findings of Significance. all be 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 serf 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.) Doe the project have impacts which are individually limited, but cumu- latively considerable? (A project's impact on two or more separate resources may be rela. tively 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 STARWm~S.CZ 41 III Earth 1.a. 1.b. 1 .c-d. 1,e, 1.f. 1.g. ~r a-c, Water d~, r3actfe,lan o~. the Environmental Evaluation No. The project site will be graded as part of a mass grading effort. There will be substantial grading for this iproject. 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, compactiorji, and overcovering. This impact is not considered significant. No. The mass grading effort was designed to adhere to the gross natural topography of the site in its original condition, While substamial grading and recontouring of this site will occur in the immediate area, the overall plan is intended to promote general preservation of site topography. 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 whenev~er feMible, end use Of watering trucks and hydra-seeding of disturbed areas after grading. After the project is completed, increased water run- off during floods may ocdur. Water will be channeled to drainage easements and streets. Appropriate drainage contrd devices will have to be approved by the City Engineer and designed in accordance with Temecula's standards and the Conditions of Approval. No. Since the project site is not adjacent to any creek or stream bed, the proposed project will not cause erosion of or deposition into any creek or stream bed. No. The subject site is designated as subject to liquefaction and subsidence by the Riverside County General Plan. To mitigate under hazard, a geological report has been prepared. This report contains mitigation measures addressed in the Conditions of Approval. No. The proposed project will not significantly impact the area's air quality. 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, however, the individual impact is not considered significant. STNWe~a. CZ 42 3.b. No. The prol~sed project will inhibit the absorption of water into the ground through the construction of impermeable surfaces on the site. Rumoff will increase but not substantially. 3.c. No. Rood waters will continua to be diverted to the streets and flood channels. 3.f-g. No.- The proposed project will not significantly affect the flow or quantity of ground waters. 3.h. No. The proposed project will not significantly impact the public water supply. 3,i, No. Conditions of Approval are included for this project which require proper design and installation of drainage conveyance devices. Vl,latr, I;on 4.a-c. No. No sensitive vegetationel associations or species were identified on-site. 4.d. No. No agricultural production occurred on-site. Wildfife 5.a-c. Maybe. A survey for the Staphen's Kangaroo Rat prepared for this project identified no individuels of the species on the subject ire. Evidence found on site indicate that some potential habitat does exist. As a result of This projects incremental impact on potential S.K.R. habitat, fees will be required in accordance with Ordinance 663 and the Habitat Conservation Ran adopted by the City of Temecula. Conformance with these procedures will mitigate the impact to a level of non-significance. Noise 6.a-b. Maybe. The proposed project is located within the French Valley Airport influence area. A noise study conducted by J.J. Van Houten and Associates indicated that the proposed development will not be affected by current or future aircraft noise. The proposed project is located well outside of the 65 C.N.E.L noise boundary which the State of California Division of Aeronautics considers an acceptable fly over noise level. The project C.N.E.L range will be 50-54dB which also meets E.P.A. standards. The impact is not considered significant. 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. Light and Glare Yes. However, the project has been conditioned to comply with applicable lighting standards, specifically Ordinance No. 655, Pelomar Lighting Standards. The impact will be mitigated to at level of non-significance. 43 Land Use e No. If the Change of Zone is approved the subdivision will be consistent with the Southwest Area Plan and Ordinance No. 348. The project is surrounded by approved medium density residential projects. Natural R.eeowces,' 9.a-b. No. This project in itself will not significantly increase the rate of use of natural reSOurCeS. FgBk of Upeet 10. a-b. No. The proposed project will not promote a risk of explosion or release hazardous substances. Construction materials and petroleum products will be used extensively to support the project dudrig construction. however this impact is temporary and not considered significant. It will not interfere with emergency response plan or an emergency evaluation plan. Popda~jon 11. Yes. Although the project proposes to incr. e.aha the density from zero dwelling unit to 130 units, the proposedi project is consistent with the City Land Use Designation (according to SWAP}, Houdng 12. No. Since the proposed project will create housing, the proposed land use will not create a demand for additional housing. Trenw[; zt - don/Circvl- 1' ' i, 13.a. Maybe. The Traffic Study which wn ix, pared for the proposed 13. b-e. No. project has addressed potential 'traffic impacts and has .13.f. Maybe. concluded that the cumulative impacts will not be significant. Public Services 14. a-f. Maybe. The proposed !project may have an effect on public services, however, appropriate fees are required as conditioned to mitigate impacts to a level of non- significance. Energy 15. a-b. No. The proposed project will not result in the substantial use or increase in demand of fuel or energy. UtilitiOl 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, No. Because the proposed project has been designed to be compatible with the 'surrounding neighborhood, there will be no significant impact on aesthetics. Recreation 19. Maybe. The proposed project will have the potential to increase the population, and impact City of Temecula recreation opportunities which are currently limited. However, Quimby fees ere required of this project which will provide funds for the acquisition of future recreational facilities, mitigating the effect of this individual tract to a level of non-significance. Cultural Resources 20. a-d. As identified in the archaeological study prepared for this project, this project will have no impact. Mandatory Rndings of Significance 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 Stephan's Kangaroo Rat, the project will be subject to mitigation fees for the Stephen's Kangaroo Rat Habitat Conservation Plan. 21 .b. No. The proposed project will not have the potential to achieve short-term, to the disadvantage of long-term, environmental goals.. sT, e:mm~a.cz 45 21. c-d. No. The proposed project will not have impacts which am individually limited or cumulatively considerable, nor will they have environmental affects which will cause substantial adverse effects on humen beings, either directly or indirectly. 5TAFI:!!m~13.e7 46 ENVIRONMENTAL Dr: ~ c..;/..INATION 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, them 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 requires _ Date For cITY OF TFMFCUI ^ STAFFIFT%13.CZ 47 ATTACHMENT NO. B EXHIBITS sTk,,mm~a,cz 48 CITY OF TEMECULA klURRIETA ~ PROJECT · V I C INITY MAP NO1~ TO &CALL~'''' JOIEPH RD. (TR. 23428) r(,,..'7_.L.~,~,:" CASE NO.Vl""t'ffiU~"zklZt EXHIBIT NO. ,le.C. DATE CITY OF TEMECULA W /'i /~ CITY OF TEMECULA ) /d NO~.~..~ ~:~ ' CASE . EXHIBIT NO. Jm.C. DATE CITY OF TEMECULA ) .J r ~-~ ~:~ ' CASE EXHIBIT NO. Je.C. DATE | e:>-2., i l CITY OF TEMECULA I I I ,\ --4 I --| ,.,f II I r_.=-~ CASE NO.v"TTh,'% ,,~,~2..~ EX~IIBIT NO. ~P.C. DATE ATTAC,I IM!2~IT NO. e CITY ATTORNEY LETTER 49 VENTUII& COUNTV lui'rE I C~AMARIL. t,.O. CAL,|rOIIIMIA I30tO IlOl,~ elT'-3d. eS 3100 W~llVO~ lye) September 16, 1991 GazTThornhlll, Planning Director CITY OF'rB(ECUIA 43180 Business Park Drive Suite 200 Temecula, CA 92390 Riverside County Airport land Use Commission/French Valley Airport Dear Gary: You requested this office to provide you with comments, recommendations and directions regarding the Riverside County Airport land Use Commissionis ("ALUCe) decisions to deny vesting tentative tract sap 26228 and recommending denial for vesting tentative tract sap 25004. You also requested direction on what options the City has in its relationship with the ALUC with respect to those land use decisions. As I understand the facts as were presented to me though your memorandum and supporting documentation, these two projects are within the proposed French Valley Airport areas of influence, which said airport is a public use airport. In 1984, the Riverside County ALUC adopted the Riverside County ALUCpolicy plan which is apparently an interim plan used for the French Valley Airport until a specific land use plan is adopted· On September'29, 1989, the French Valley Airport extended its sphere of influence to include those areas in which the two projects are nov currently proposed. As was indicated in your memorandum to me, the ALUC denied vesting tentative tract map 26128 and has recommended denial for vesting tentative tract sap 25004 based upon the following grounds: The MJJC is making substantial progress toward the completion of the French Valley Airport land Use Plan; There is a reasonable probability that the project viii be inconsistent with the plan; and Gary Thornhlll September 16, 1991 There is a probability of substantial detriment to or interference with the plan, if the project is ultimately inconsistent with the plan. Evidently, the ALUCos policy dictates that there be a minimum lot size of 2 1/2 acre minian for proposed residential uses and the proposed projects have lot sizes smaller than those set forth in the ALUCpoltcy, It is my further understanding that the City placed a condition on tract map 25004 which required clearance from the ALUC prior to issuanc~ of any building permits, After receiving the Commissiones rec~mendation for denial of the project, the applicant retained so.-vices of an airport consultant and a sound attenuation engineer to analyze the project, whereinafter the consultants determined that the project would have no adverse impact on the airport nor does the airport affect the project adversely, . Based on this factual background, two issues need to be addressed. The first, issue is what are the duties and obligations of an ALUC and from what authority does the ALUC derive its powers. The second issue is what is the legal relationship between the City of Temecula and the ALUC with respect to the land uSe decisions involving the French Valley Airport. Issue No, l, What are the duties and obligation of an Airport land Use Commission and from what authority does it derive its powers, provisions of SB 255 Which said provisions were later codif led in the Public Utilities Code pursuant to Section 21670, e~ sac. (a copy of these code sections is attached hereto for your review). The overall purpose of the ALUC statutes is to provide for the orderly developme t of each public use airport in this State and.the area surrounding these airports so as to promote the overall goals and objectives of the California Airport Noise Standards adopted pursuant to Section. 21669 of the Public Utilities Code and to prevent the creation of new noise and safety problems. Gary Thorn!lill September 16, 1991 Page 3 ~herefora, ste~elsvrequires 'that every County establish an Airport ldndUsa Coalssiam v hera there is loanted an airport which is either served by s s~heduled airline or which is not served by a scheduled airline but is operated for the benefit of the general public. It is myundarsUndingthst the French valley Airpor~ is ~rrently an airport which is a public use airport but which is net ~rently served by a scheduled airline. Since the Riverside County ALUC was cm~ed prior to the incorporation of the City of Tm~ula, the City is not ~urrently being represented on the COmmiSSiOn aS would otherwise be required under State law, Depending on ehen the Riverside ALUC was created, the term of office of sech mr is four years. If the current ALUC is the very first commission, the tars of office for one conissionar is one year, ~eo msbers: two years, two members three y4mrs and two mrs four years. Therefore, somewhere down the line a representative of the City say be placed on the AL~JC as a m'm~vr. Section 21674 sets forth the powers mtd duties of RnALUC. Par~ of its sandstory duties is ~o adopt · comprehensive land use plan for the orderly growth of each public airpor~ and the area surrounding the airpor~ within the Jurisdiction of the Commission which reflects the anticipated grow~ of the airport during at leastar he next twenty (20) years. This land use plan must be adopted by Juno 30, 1991. As pex~c of its plan, the planning boundaries of the particular airport must be established by the Commission after hearing and consultation with the involved agencies which presumably would include the City of Tamecula. The requirement that the ALUC shall adopt a comprehensive land use plan by June 30, 1991, is not permissive in nature; rather, it is mandatory. The question arises whether the ALUC can now take any action regarding a particular project within its Jurisdiction when it has failed to adopt this land use plan by the June 30, 1991 data. It does appear under the facts of these two projects, that the applications were considered prior to that date at a time in which the ALUC did not have its land use plan adopted; rather, only an interim policy plan. Therefore, it appears that the current County ALUC had the proper authority to review and take the appropriate action regarding the projects at issue. Issue No. 2. What is the legal relationship between the City and the ALUC with raspeat to the land use decisions involving the French Valley Airport. Gary Thornhill September 16, 1991 Page 4 'Section 21675.1 S~ates that until a Land Use Commission adopts a comprehe~jive land us plan,. ~he City must first submit all actions, regulations and permits within the vicinity of a public airport to theCommission for review and approval. Before the Cassiasion approves or disapproves of any actions, regulations or permits, the Cosaissiun must give public notice in the same sannar as the city is required to give for such actions, If the ALUC disapproves s particular application, the City may overrule the Coxxtssion by a two thirds vote if it makes specific findings that the proposed action is consistent with the purposes of the Public Utilities Code dealing with the Airport Land Usa Commission provisions. In the event the City does overrule the Commission end the City is not an operator of the publicly owned airport, the operator of the airport is imaune from liability for damages to property or personal injury for the City*s decision to p&~_l.l4 With the particular project. Thsrefore, with respect to the projects at issue, the City has two (2) options in accoz~iance with the provisions of the Public Utilities Code; The City may let stand the decision of the Airport Land Usa Commission to deny tract map 26828 and affirm its rscomndatien for denial of map 25004 based on the findings of the Comsission~ or Overrule the Conission*s determination by two thirds vote of the City Council based on specific findings that the particular projects are consistent with the purposes of Section 21670 of the Public Utilities Code. I hol~ the above information is helpful to you and I will be happy to answer any questions you may have. Very truly yours, cc: David F. Dixon, City Manager, w/out enclosures Scott F. Field,-City Attorney, w/out enclosures JEC\tem\117890. ttr ATTACHMENT NO. 7 AIRPORT STUDIES ~ sTA,:,PT~a. CZ 50 j.j. VAN HOUTm & A XnATB& 1~16 lAST ItATBLLA RVINUF, ANAHIIM, CAUFO RNIA 92109 p'14l F/14Oll (~i41024226 FAX lye4| g3~6248 Project tile 21es-90(s) DIX DEVELOPNENT 22865 Lake Forest Drive E1 Tore, Ck 92630 Attention: Mr. Gary Dix Subject: Assessment of AIrcraft Nolme Exposures, Tract 25004, County of lttverstde Reference: wNoise ~ssessment and Noise Control Recommendations, Tract25004, C~unty of Riverside," J. J. Van Houten and Associates, Inc., Narch 19, 1990 Gentlemen: specifically address the aircraft · u ~t Tract 25004 generated by flight activity at French Valley Airport. Referring to Fieure 1, the conunity noise equivalent level (CNEL) at th~ site ranges from 50 to 54 dB. In the following sections, thib level of noise exposure is assessed relative to three recognized standards: Co,,nt7 of e4vevside The County specifies a CNEL standard of 65 dB for exterior residential areas. The aircraft noise exposure at the project sits is 11 to 15 dB below the Countyes standard. grate of oll lfowwll_J~Ly~l&n oe ILew'~au~iaB Title 21, Subchapter 6, Arkicle l, Section 5005 of the California Administrative Cede statest wThe level of noise ecceptable to a reasonable person residing in the vicinl%y of an airport is established as a community noise equivalent level (CNEL) value of 65 dB for purposes of thele ~qulations. This criterion level has been chosen for relsonable persons residing in urban residential areas where houses are of typical California construction and say hews windows partially open. It has 1 DZX DEV'SLOPKErr F. ROa':CT FZLB 23.85-90(S) been selected with reference to speech, sleep, and community reaction." Again, the aircraft noise exposure at the project site is signifi- cantly. (ll to 15 riB) below the State standard. Ke. Ia_]I,~V4voREIAI~I 1~Po1~04'4o' ;,,e~aw (IFA~ The SPA has identified a day-night average sound level (Ldn) of 55 dB as the requisite level to protect public health and welfare with an adequate margin of safety for both activity interference and hearing lossI· [Note: Ldn and CNEL are essentially identical measures of noise exposure. Title 24 of the State of California Administrative Code uses the two deecrtptors interchangeably.] This noise exposure level is considered by the ~-PA to be a guideline rather than a standard since the agency recognizes that this level is not always attainable, particularly in urban environments- In any event, the aircraft noise exposure at the project site will be I to 5 dB below the level identified by the SPA as requisite to protect the health and welfare of the resi- dents. Figure 2 provides the results of several case studies relating to community response, as reported by the SPA1· Referring to the figure, it Is expected that there will be no "overt reaction" by the residents of Tract 25004 to an aircraft noise exposure of 50 to 54 dB at the site. TIiT~!XTOI ILTRr~/~T IOT~ Both the County ot Riverside and the U.S, Environmental Protection Agency (EPA) identify in interior noise exposure standard of 45 dB (CREL or Ldn) for residential liviog areas. The SPa identifies typical sound level reductions of 12 dl with windows open and 24 dB with windows closed for standard residential construction~ · Applying these values to the exterior CNEL of 50 to 54 dB yields an interior CN~-L of 3S to 42 riB' With windows open and 26 to 30 dB with windows closed. These levels are well below the interior standard of 45 dB identified by the County and Federal Governments. I "Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare With an Adequate Margin of Safety," U.S. Environmental Protection Agency, March 1974. J.J. VAN HOUTEN &ASSO CIATES, Inc. DZX D~v'E:LO:i~(ENT Z~X:XT~CT FXL~ 2185-90(8) The referenced report identifies several rocosaendations for mitigating interior residential noise .levels at Tract 25004. Forced air ventilation has been reoossended at oyez7 residence so that a'habitableenvirormentsaybeprovidedvlthvindows closed. &s indicated in the previous section, it is estimated that these recommendations, along with standard building construction, will reduce the interiorCN~L to about 26 to 30 dB, This is 15 to 19 dB below the- State end Federal standard, a significant amount. However, if it is desired to reduce the aircraft noise exposure still further, sound rated windows and sliding glass doors having a sound transmission class (STC) of 25 couldhoused throughout the project (with the exception of second riser windows facing Nutrisers Hot Springs Road, whoreSTO ratings as high as 30 may be needed due to the traffic noise exposure). It is estimated that withSTC 25 assemblies, the interior noise exposure will be reduced by another 2 to 4 dB. CO!IC~r.UB TON The aircraft noise exposure of 50 to S4 dB at Tract 25004 due to flight activity at French Valley Airport is well below County, State, and Federal standards. No cowsunity reaction is expected from this level of exposure. · With windows closed, the interior noise exposure 'within the homes will be 15 to 19 dB below the County and Federal standard of 45 dB. However, if desired, the interior aircraft noise exposure level say be further reduced by using sound rated glazing assemblies throughout the project. If you have any questions, please contact the undersigned at 714/978-7018. Very truly yours, copy Nr. Richard Berg CN Engineering 41593 Winchester Road, Suite'210 Tomsouls, C~ 92390 3 J. J. VAN HOUTEN &ASSO CIATE~ hc i~,q~Q,e. eeeeeeeee ,..,:,;.~...:...' · It I . . ~ / =.; , : . /~,, ,, · . ,-- N Figure 1. Location of Project Site Relative to French Valley Airport Noise Contours COMMUNITY REACTION VIGOROUS ACTION - SEVERAL THRtATS OF LEGAL ACTION On STRONG APPEALS TO LOCAL OFF~iALS TO STOP NOISE wtO(SPN(AO COMPLAINTS On SINGLE TH~EAT Of LEGAL ACTOR SPORADIC COMPLAINTS NO REACTION ALTHOUGH NOISE iS GENERALLY NOTICEAlL[ · · DATA NORMALIZED TO: KSIOENTIAL URBAN NE~dDUAL NOISE PRIOR EXPOSURE ~N,O0~S PARTIALLY OPEN PtMlt TONE ON IMPLUSES .:- 0, · I ! ! 54 60 I t t , I TO 80 10 tNI~LIZED 0UTD00e MY/NIGHT SOUND LEVEL OF INTRUDING NOISE IN d6 FiBare 2. Combi..ed-Data From Community for CJftd~cio~8 of Exposure Case SCud~.el Adjusted May 30, 1991 To: Mr. Gary R. Dix Dix Development, lnc. 22865 Lake Forest Drive E1Toro, Ca. 92630 Fm; Gerald M. Dallas Airport Consultant 25242 Derby Cr. Laguna Hills, Ca. 92653 Subjz Airport Land Use considerations of proposed residential project in relation to the French Valley Airport, Temecula, Ca, IF THE EXISTING RUNWAY WERE EXTENDED TO THE SOUTH 1200 FEET. PROJECT DESCRIPTIONz 135 single family sized lots with a minimum lot size of 7,200 square feet. Density is 2:3 dwelling units per acre, with structural coverage per lot of approximately 16%. PROJECT LOCATIONz The proposed project is located in the City of Temecula, east of Seraphina Road and north of Nicholas Road. The proposed project would be approximately 5,500 feet southeast of an extended runway 18/36 at the Frech Valley Airport. The project is within the 'Interim Influence Area' of the Airport Land Use Plan for the French Valley Airport dated September 29, 1989. ISSOE: Would the proposed project be consistent with an Airport Land Use Plan that may be developed for the airport if the existing runway were extended to the south by 1200 feet, for a total length of 5800 feet? ANASYSIS: This analysis is limited to the future development and operation of the French Valley Airport as defined in this report and its relationship to the proposed project. These issues include consideration of the following three major areas: Heig',t Restrictions fo~ Air Safety o Noise Compatibility .o Safety to persons on the ground Height Restrictions for Air Safety Federal Aviation Regulations (FAR) Part 77 have been issued by the Federal Government to define height limits around airports. The principal purpose behind Part 77 is to provide standards for determining obstructions in navigable airspace. FAR part 77 has three major elements, (1| Notice Requirements (2| Obstruction Standards and (3) Definition of Substantial Adverse Effect. The Notice Requirements of FAR Part 77 for the French Valley Airport are that a notice of construction or alteration is required if any proposed construction is greater than 200 feet above the ground level at its site or penetrates a 100:1 plane for a distance of 20,000 feet from the nearest point of the runway. Since no structure in the proposed development would exceed thirty five feet and would be at least 5,500 feet from the extended runway, no notice to th~ Federal Aviation Administration under FAR Part 77 would be required. Therefore the proposed project would not impact on the safety of air operations in and around the French Valley Airport, with the runway extended 1200 feet to the south. Noise Compatability The California Department of Transportation, Division of Aeronautic's 'Airport land Use Planning Handbook' indicates the following guidelines for determining land use compatibilit~ based on aircraft noisez Residential and Lodgings Within the 60-65 CNEL - potential for annoyance exists, accousticsl studies should be performed, noise insulation should be included if appropriate, and all forms of housing can be accommodated. Within the 55-60 CNEL - little potential for intereference indoor or outdoor activities. With the extended runway a different mix of aircraft could be accon~odated at the airport than can presently utilize the airport. For this analysis the followinV assumptions were made. AsSumption lz The traffic patterns shown on the alnterim Influence Area' of the Airport Land Use Plan for the airport dated September 29, 1989 were used for the extended runway, (This is considered conservative in rel!ation to the proposed project since with the longer runway, larger aircraft would be expected to approach and dellart ~ore directly aligned with the runway than indicated by the September 29, 1989 flight tracks). Assumption 2~. 192,000 annual operations~ night operations 1.5%, evening operations S%, day operations 90.S%~ 85% of operations north to south. Assumption The following fleet mix was used to determine the approximate location of future CNEL contours shown in Exhibit Az General aviation single engine piston aircraft - General aviation twin engine piston aircraft - General aviation twin turboprop engine aircraft- 2% Civil and Military Helicopters - General Aviation twin Jet aircraft - Exhibit A indicates that the proposed project would be well outside the 60 CNEL contour resulting from the assumed future aircraft operations. Therefore, the proposed project should conform to State criteria for noise competability With regard to operations from the French Valley Airport with a 5800 foot runway with the assumed air- craft activity. Safety of Persons on the Ground The State of CalifOrnia Department of Transportation Division of ~eronautic's 'Airport Land Use Planning Handbook' identifies 9uidlines for land use restrictions in Safety Zones or Safety Areas associated with airports. The purpose for establishing land use restrictions iin safety Zones is to minimize the number of people exposed to aircraft crash hazards. The two principal methods for reducing the risk of injury and property damage on the 9round are to limit the number of persons in an area and/or limit the area covered by structures. The Safety Zones or Safety Areas have been divided into four categories. (1) Clear Zone, (2) Approach Safety Zone, (3) Outer Approach'Surface Safety Zone, and Overflight Zone (including the traffic pattern area}. Exhiit A indicates the proposed project is not in a clear zone or in an approach safety zone. However, the proposed project would probably be in a traffic pattern area. The Airport Land Use Planning Handbook indicates that in the Traffic Pattern Area, hazards to any site is quite low compared to the areas nearest the runway. However, the handbook recommends that large assemblages of people not be located in these areas because of the potential for injury if there were a crash. Therefore, schools and hospitals, spectator sport arenas, auditorjams, outdoor amphitheaters or industries with flammable materials or processes are not recommended in overflight zones or traffic pattern areas. The Airport Land Use Planning Handbook further recommends no more than three dwelling units per acre and the maximum structural coverage of the area be less that 20 percent in the traffic pattern areas.. Since the project proposes 2.3 dwelling units per acre and a structural coverage of sixteen percent, recommendations of the handbook are met for construction in a traffic pattern area. CONCLUSION: Since the proposed project would conform to the recommendations of. the California Department of Transportation, Division of Aeronautic's 'Airport Land Use Planning Habdbook', in the areas of height restrictions for air safety, aircraft noise compatability and safety to persons on the ground~ it is reasonable to conclude the French Valley Airport Land Use Plan when finalized for an airport with a 1200 foot runway extension to the south would indicate the proposed project will be consistent with the plan and that the proposed project will not effect the aeronautical activities at the airportz nor will operations from the 5800 foot runway effect this project. ATTA~ NO. 6 DEV~ OEVIgNT ~ Ci~X ~lgT ATTACHMENT NO. ~ CITYOFT~d~CULA DEV~IO~ ~ CR~~T CASE, NO.: Vtsting Tmtttive Tnact Map No. 26828 The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan Parks and Recreation (Quimby) Public Facility Public Facility Crraffic S gna fit afion) Public Facility (L brary) Fire Protection Flood Control (ADP) Consistent with Specific Plan Consistent with Future Genentl Plan Condition of .a~roval Condition No. 16.B. Condition No. 20 Condition No. 67 Condition No. 45 Condition No. 18.A Condition No. 9 Condition No. 64 YES NO YES NO 31 ATTACHMENT NO. 7 CORIESPONDENCE s~~t~cz. cc 32 The homes'constructed within this Developsent fall within a two mile radius of the French Valley Airport, owned and operated by the County of Riverside. All homes being built within this two mile radius are now being required to provide the County with Avigation Fasements. Should you decide to purchase one of our homes, your' Deed will likewise be subject to such an easement. During the Approval process of the Development, the builder obtained an Aeronautical Impact Study addressing the potential impact the French Valley A~rport may have on this project. The conclusion of findings was that the impact hazard is negligible and the noise assessment determined levels well within acceptable standards of all Federal, State, County and City of Temecula regulations. ' Attached please find a nmp showing the proximity of this project to the Airport. Copies of the Impact Study are available upon request. Should you have any questions, you may contact the builder or the onsite representative for further information. SiSnature of Potential Homebuyer Date DACIN DEVELOPMENT INC. Man:h 30, 1992 Bet. Pa,-y. City of 43174 Bus~,'ess ~ DrJ. Ve 'Z~eec,-1 ,,, Ca.l.:L:l~otn:l.a 92590 Ves~ng Tentative '~act 26828 (~encjeofZOneNo. 13 Dea= ~. 'EhOLT~ll; Enclosed pl_ee_~e, find a c~y of the Xtzlxxt DIsclosure Statement ~e ~L~:se to distribute tO potmttal ~ of Vestinq Tentative Tract 26828,, In addition, we would not ,$~ this iten beinq irr.2.~ as a caad:Lt~crt of apprcmal for V~stt.,~ Tentat_rye '1'tact 26828. Ver~ t:n~ly yours, Slmngrila Hcsmm ~,l s~ Lbntted tm. bL,.ship 801 S. GARFIELD AVE. SUITE 201 ALHAMBRA, CA 91801 · TEL: (818) 300-8883 · FAX: (818) 300-8716 Tentative TraCt 26828 Ae~onaut{cal Impact Study v. SUMMARY OF FINDINGS Based on the foregoing analyses and conclusions of Sections II-IV, Tentative Tract 26828 is in complete compliance with the relevant height compatibility and noise/land use standards and the-risk of an aircraft accident is quite low. Hence, there is no reason to regard the project as portending any derogation of public health, safety and welfare or of the orderly expansion of the airport. As such, it does not conflict with the purpose of Section 21670 of the California Public Utilities Code and there is no reasonable evidence that Tentative Tract 26828 should be disapproved as a land use for the site. A STUDY OF AERONAUTICAL IMPACT POTENTIAL AT TENTATIVE TRACT 26828 FROM AIRCRAFT OPERATIONS AT FRENCH V~T.T.~-y AIRPORT BY GARY MIKEL ~T.T.~.N, PH · D, J.D. DANIEL TENOLD AVIATION SYSTEMS ASSOCIATES, INC. 23430 HAWTHORNE BLVD., SKYPARK. 3, SUITE 200 TORRANCE, CA 90505 (213) 378-3299 , RECEIVED AUG 5 1991 ALUC RtVERSFDE.COUNTY _A. ORT LAND USE COM ZON 3499 Tenth Street Riverside, California 92501 (714) 788-9770 (714) 788-1415 [FAX] July 24, 1991 File,No.: Case No.: FV-91-125 Vesting Tentative Tract No. 26828 Lohr & Associates RCI 28441 Rancho California Rd., Suite R Temecula, California 92390 Dear Sirs: SUBJECT: RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION On July 18, 1991, the Riverside County Airport Land Use Commission (ALUC} denied your proposed project based on a determination of inconsistency. The project was denied based on the following, as identified in Section 21675.1 of the Public Utilities Code: 1) 2) 3) The ALUC is making substantial progress toward the completion of the French Valley Airport Land Use Plan; There is a reasonable probability that the project will be inconsistent with the plan; and There is a probability '~f substantial detriment to or interference with the plan, if the project is ultimately inconsistent with the plan- You are proposing a minimum residential lot size smaller than the ALUC policy of 2 1/2 acre minimum fo'r proposed residential uses. Should you have questions, please contact me at (714} 369-9577. Sincerely, Marlene Hagman Development Specialist MH:sa fv91125 co: Mark Rhoades, City of' Temecula Planning Department Dacin Development Inc. ATTA~ NO. 8 F...XH a ttITS · CITY OF TEMECULA NOT TO SCALE CASE NO.: Ci~*n_~e of Zone No. 13, Vesting Tentative Tract Map No. 26828 EXHIBIT: A VICINITY 1MAP C.C. DATE: April 14, 1992 CITY OF TEM~CULA SWAP- Exhibit B ~t'~: _- :7,,-4 D.U./AC. Designation: R-R 2 1/2 Case No.: Change of Zone No. 13, Vesting Tenalive Tract Map No. 26828 C.C. Date: April 14, 1992 CITY OF TEMECULA CASE NO.: Change of Zone No. 13, Vesting Tentative Tract Map No. 26828 ExHmrr: D SITE PLAN C.C. DATE: April 14, 1992 CITY OF TEMECULA 66 dB CNEL- 160 dB dB iolld ~rt jilt ~.., ;.",,"-iFUI*'URE CNEL.k' iNOISE CONTOURS i (I,700' RUNWAY) iAIIIPOIIT IOUII~AIIY , ~ -: ~ ..... ,* I'; , : Inch' Valley AIrport .., :.. . ~:~:~::', :- a . I :.. ,) (~.~.- , ~. , '.,.,;, ~-""',..~, . "'~ ' ' ~'.~.~7'~"- '' ~..'. ,:~ {' ,/-...,~,,'.~.,. ~.:..-:...' ..... .... E'~ :!~'' ,,'. ~:i:.... ,, ', ':' "; ': ~!' '; . ..'.. "' .V!"i ,I · °" ~' ) :,~; .: ................ .+, :. ,...: .',., .,..,)J~.-- ,/,~ ,, ': I ..,. CASE NO.: C!tu__ge of Zone No. 13, Vesting Teambe Tract Map No. 26828 E~nmrr: E AIRPORT PROMITY/NOISE CONTURE C.C. DATE: April 14, 1992 CITY~ OF TEMECULA [ w, I CASE NO.: Chsmooe of Zone No. 13, Vesting Tentative Tract Map No. 26828 Exmnrr: F SLOPE EASEM~,NT AREAS C.C. DATE: April 14, 1992 ITEM 25 CITY ATTO~I~PROV~ FROM: DATE: SUBIECT: CITY OF T!~ AGENDA I~EPORT City Cmmc~/City Manager Planning Department April 14, 1992 Outdoor Disphy and Advertising Ordinance RECO~ATION: ArIOPT Ordinance No. 92~, enti~ed: "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TI~flLr'ULA PERTAINING TO SIGN REGULATIONS AND ESTABLISHING REGULATIONS FOR THE USE OF OUTDOOR ADVERTISING DISPLAYS." BACKGROUND: This item was heard by the Planning Commition at its March 16, 1992, meeting. During the review and discussion, the Commi.~ion raised concerns related to non-commercial signage and the amortization provisions. The item was then continued to the Commission's April 6, 1992, meeting. At that meeting, the Commission recommended approval of the Outdoor Display and Adveffising Ordinance on a 40-1 vote. DISCUSSION: The concern x~mnting non-commercial sigmtge was the ability of a bffiboard structure being maintained so long as the sign message was non-commercial. This concern was alleviated by standards in the ordinance which limit the siT. c and height of non-commercial signs. The City Attorney recommended rmnoving the amortization provisions altogether. Therefore, pursuant to the proposed ordinance, existing billboards will be accepted as non-conforming signs. This would allow for the sign structure to remain, unless the City is willing to compensate the ownen for its removal. S~qTAIsltalq~OUTDOOit. CC2 A____ttn__r'-hmCilts: OnlinonCO No. 92- - page 6 plsnning Commi.ion Staff ~ (datcst March 16, l~J2 and April 2.4, l~J2) - ps~ 12 ]}ian[Li!~ Commition ]Vlim!l~s (daU~ March 16, 1992) - page 13 vgw S~TAHrl/'I'~OUTDOO!.OC2 2 ATTAINT NO. 1 ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF ~ CITY OF ;TEMECULA PERTAINING TO SIGN ~TIONS AND ESTAm,~HNG REGUI~TIONS FOR THE USE OF OUTDOOR ADVERTISING DISPLAYS. WHEREAS, the City Council of the City of Teme~ula hereby finds that the proposed Outdoor Advertising Displays Ordinance will provide for the establishment of regulations for outdoor advertising displays in a fair and equitable manner, and WHEREAS, the City Council of the City of Teme~ula further finds that the proposed Outdoor Advertising Displays Ordinance is necesiry to bring about eventual conformity with its land use plans, and THE CiTY COUNCIL OF THE CiTY OF TEMECULA DOF.~ HEREBY ORDAIN AS FOLLOWS: Section 1. Findings findings: That the Temecula City Council hereby makes the following 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 poriod of time, the City is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: A. The City is proceeding in a timely fashion with the preparation of the General Plan. B. The planning agency finds, in appwving projects and taking other actions, each of the following: · 1. There is a reasonable probability that the land use or action proposed will be Consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. 2. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. 1 3. The'proposed use or action complies with all other applicable requirements of state law and local ordinances. The Riveaside County General Plan, as mended by the Southwest Area Community Plan, (hereinaftcr *SWAP*) was adoptedi prior to the incorporation of Temecula as the General Plan for the southwesX 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 Phn guidelines while the City is proceeding in a timely fashion With the prelmm~on of its General Plan. The proposed land use regulations are consistent with the SWAP and meet the requirements set forth in Section 65360 of the Government Code, to wit: C. The City is proceeding in a timely fashion with the preparation of the General Plan. D. The City Council finds, in adopting land use regularions pursuant to this rifle, each of the following: 1. There is reasonable probability that Ordinance No. 92-xx will be consistent with the General Plan proposal being considered or studied or which will be studied within a reasonable time. 2. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. 3. The proposed use or action complies with all other applicable requirements of state hw and local ordinances. Section 2. Purpose The purpose of this Ordinance is to set forth the development standards for the installation and maintenance of outdoor advertising displays within all land-use zones of the City. The purpose of these regularions is to ensure that the design and location of outdoor advertising displays are consistent with the health, safety, and aestheric objectives of the City. It is a desire of the City that the design of this community be of the highest quality, that new development be architecturally distinctive as well as homogeneous in design, and that accessory facilities be compatible with the overall theme. The quality of signage plays a very distinctive role in achieving the above desire, when abused, signs can create a visual blight which detracts from the quality of the environment and an individual's visual perception of the City. Recogninn'g that the primary purpose of signs is proper business identification, the regulations of this Ordinance are enacted to: A. Ensure that signs erected within the City are compatible with their surroundings and are in keeping with the policies of the City; 2/OP, DS/3? 2 B. Provide for the identi~eation of business enterprises only and shall not be used for advertising purposes; C. Promote traffic safety and community identity while also enhancing the quality of the visual environment of the City; and D. Estnblish regulations which control outdoor advertising disphys within the City. Section 3. r~nitions For purposes of this Ordinance, the following words, terms, phrases, and their derivations, shall have the meanings given herein. Then consistent with the context, words used in the present .tense sing'include the plural. A. "Commercial Off-Premise Sign" means any sign structure advertising an establishment, merchandise, service, or entertainment, which is not sold, produced, manufactured, or furnished at the property on which the sign is located. A commercial off- premise sign may be commonly known or referred to as an off-premises billboard. B. 'Non-Commercial Off-Premise Sign' means any sign structure exhibiting non- commercial speech or message in lieu of commercial sign copy; and any sign structure exhibiting non-commercial signing unrehted to the buying or selling of commodities or anything involved and practiced. Section 4. Prohibited Siglls The establishment of the foliowing outdoor advertising displays are hereby prohibited and no application for sign location plan, plot plan, or other application discretionary entitlement for a outdoor advertising display shall be accepted, acted upon, or approved: A. Commercial off-premises signs. Section 5. l:-xenlVt Outdoor Advertising rfi~lays The provisions of this Ordinance shall not apply to any application for: A. Directional Signs, as deftned in Chapter 5 of the Temecula Municipal Code. B. On-site advertising structures and signs (Ordinance 348, Section 19.5 of the non- codified ordinances of the County of Riverside and adopted by the City of Temecula under Ordinance No. 90-04). C. Subdivision signs (Ordinance No. 348, Section 19.6 of the non-codi~ed ordinances of the County of Riverside and adopted by the City of Temecuh under ordinance No. 90-04). D. Non-commercial off-premises advertising structures and signs, subject to the following design and performance standards: 1. Square footage of the sign board is limited to twelve (12) square feet or less; 2. There shall be no more than one (1) sign board per parcel; 3. ToUil height of a ground-mounted sign and supporting structure shah not exceed six (6) feet; 4. A building-mounted sign shah not extend above the eave or parapet line and; 5. No sign shall be iliumin;ted. See~on 6. Non-conformin$ Outdoor Advertising l)i~9hys All outdoor advertising displays, in any zone, lawfully cOnstructed and ea'eaed prior to the effective date of this Ordinance, which do not conform tO the requirements of the provisions of this Ordinance for the particular zone in which they are located, shall be accepted as non-conforming sign. Section 7. To the extent the provisions of this Ordinance conflict with any provisions of Article XIX of Ordinance No. 348 the provisions of this Ordinance shall apply. Section 8. Severability. The City Council hetty declares that the provisions of this Ordinance are severable and it for .any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 9. F. nvironmental Compliance. The City Council hereby finds that this project does not have a potential for causing a significant affect on the environment. Therefore, the project is exempt from the California Environmental Quality Act under Section 15061 (b) (3). Section 10. F-ffective Date, This Ordinance is adopted pursuant to Government Code Section 65858 and is hereby declared an urgency measure and shall take effect immediately. The basis of the urgency is that failure to implement these regulations immediately may result in the establishment of signs in violation of this Ordinance. Such signs would become legal non- conforming uses and interfere with the implementation of the future general plan. Section 11. The City Clerk shall certi~ to the adoption of this Ordinance and shall cause the same to be posted as required by hws. PASSED, APPROVED AND ADOFrED this 14th day of April, 1992. ATTEST: PATRICIA H. BIRDSALL MAYOR June S. Greek, City Clerk [SEAL] 2/OIt1~/~7 4 STATE OF CALr~ORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Gr~k DO F!I~RI~y CERTIFY ~ ~ foregoing Urgency Ordinance No. 92- xx was duly sdopu~d and passed at a regular meeting of ~he City Council on the 14m day of April, 1992 by ~he following vo~e, to wit: COUNCn~MI~MBERS: NOES: COUN~EP, S: ABSENT: CO~CLMEMBERS: June S. ~, City Clerk APPROVED A~ T0 FORM: Scott F. Field City Attorney ,'}/ ATTACHMENT NO. 2 STAFF !tF-PORTS MEMORANDUM TO: FROM: DATE: April 6, 1992 SUB3ECT: Outdoor Disphy.and Adverti~ng Ordinance This item was continued from the March 24, 1992 Planning Commission meeting in order for staff and the City Attorney to address concerns raised by the Commission. The two issues of concern were related to non-commercial signage and the amortization pwvisions. The concern regarding non-commercial si2nage was the ability of a billboard structure being maintained so long as the sign mcuage was non-commerciaL This concern is alleviated by standards in the or~i~snce which limit the size and ~eight of non-commercial signs. The City Attorney has recommended removing the amortization provisions altogether. Therefore, pursuant to the proposed ordinance, nonconforming signs will be accepted as non- conforming sign, which would allow for the structure to remain, unless the City is willing to compensate for their removal. vgw RECOMMENDATION: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION March 16, 1992 Nixre By:. John Mayer ~ Resolution No. 92-__. recommending adoption of an ordinance entitle: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA PERTAINING TO SIGN REGULATIONS AND ESTABLISHING REGULATIONS FOR THE USE OF OUTDOOR ADVERTISING DISPLAYS." APPLICATION INFORMATION APPLICANT: City of Ternecule PROPOSAL: An Ordinance establishing regulations for the use of outdoor advertising displays. LOCATION: City Wide BACKGROUND On April 24, 1990, the City Council adopted Ordinance No. 90-08, "a moratorium pertaining to regulations for outdoor advertising displays". This moratorium was adopted in order to prohibit the installation of "Off-Premise" Signs (Billboards) within the City of Temecula. All other signing, as regulated under Section 19.4 {On-Site Advertising Structures and Signs), Section 19.5 (For Sale, Lease or Rent Signs), Section 19.6 {Subdivision Signs) and Section 19.7 {Temporary Political Signs), are exempt from the moratorium. Through the adoption of Ordinance No. 91-17, in April 1991, the City Council approved the final extension of The moratorium to April 23, 1992. The purpose for preparing the proposed Outdoor Advertising Displays Ordinance is due to the inadequacy of the County Ordinance No. 348 as it relates to signage, and specifically off- premise signs or "Billboards". Ordinance No. 348 {Attachment 5) provides the following standards and requirements: Outdoor advertising displays are permitted only in The c-1/c-P, M-SC, M-M and M-H zones. 2. NO outdoor sdw., ii~N displays shell be located within 500 feet in any direction from any oths ,satdos adarUng dismy. 3. The maximum height of sn mKd~s salve, lisi_M display shall not exceed 2~ feet. 4. Roof-mourned outdoor isdve. lising displays am Ixohi~ed. 5. No e, _edn nr 8dvelteleg dillsift shell be aleted within 8n established setback or building line, or within road right-of-we/lines. A one (1 ') foot minimum setback from the property line is rsWired. 6. No outdoor advertising display shsl have s total surface ares of mm than 300 square feZ. Exhibit 'A' graphically M_es.~ts the current zoning districts that permit the installation of off- site signs, putstent to Ordi,,;~cs No. DISCUSSION In order to provide the City of Temecuis with specific sod complete staodards for regulating outdoor advertising displays, Staff has prepared the attached Ordinance which includes, in summary, the following main components: 1. Definitions: A. "CommerCial Off-Promise Sign" means any sign structure advertising an establishment, merchaodise, service, or entertainment, which is not sold, produced, manufactured, or furnished st the property on which the sign is located. "Non-Commerciel Off-Premise/On-Premise Sign" means any sign structure exhibiting non-commercial speech or ,,,sssqge in lieu of commerciel sign copy; aod any sign ~dcture exhibiting non-commercial signing unrelated to the buying or selling of commodities or s~ involved aod practiced. Commercial off-premise signs aod commercial signs on public property are prohibited. The following outdoor advertising displays are exempt: Direotionsl Signs, es defined in Chapter 5 of the Temecula Municipal Code (Ordinance No. '91-40}. B. On-site advertising structures and signs (Ordinance No. 348, Section 19.4). C. For sale, lease or rent signs (Ordinance No. 348, Section 19.5). D. Subdivision signs (Ordinance No. 348, Section 19.6). 2 Non cc,,,merci81 advertising ~ end signs am permitted, ff not illuminated, subject to the followinll design end performance standards: A. The total sign cow area is limited to twelve {12) sure feet or less. B. No more than one (1) sign is permitted per parcel. C. The maximum height for · grm,.d ,auntod sign is six (6) feet. D. A building mounted sign shell not extend above the save or parapet line. CONCLUSION As noted above. the propose Outdoor Advertising Displays Ordinance provide the City with the standards to thoroughly review an spplicanVs ~ as well as providing the necessary control measure needed to.ensure the public safety; to provide organization; and control the overall quality and number of such signs. The new Outdoor Advertising Displays Ordinance will serve as interim regulations until the City's Zoning Development COde is prepared end adopted, at which time this Ordinance could be incorporate end/or modified into the final Zoning Development Code. ENVIRONMENTAL DETEPJVIINATION This Ordinance does not have .a potential for Musing a significant affect on the environment. Therefore, Staff has determined that the project is exempt from CEQA under Section 15061 {b)(3). FINDINGS The proposed Outdoo~ Advertising Displays Ordinance is necessary to bring about eventual conformity with the City's future Land Use Plan. There is ramsenable probability that the proposed Outdoor Advertising Displays Ordinance will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with the goals and/or pdicies of the Clty's future General Plan. There is not a likely probability of substantial detriment to or interference with the h,,ture General Plan, if the proposed policies are ultimately inconsistent with the plan, due to the fact that pdicies will be adopted for the new General Plan, Therefore, it is likely that the City will consider these policies during their preparation of the General Plan. FUTURE GENBLAL PLAN CONSISTENCY Staff finds it probable that ~he proposed Outdoor .Advertising Displays Ordinance will be consistent with the new General Plan when it is adopted since a Community Design Bernant will be included in the new General Plan to address aesthetics, which includes architecture, landscaping and signage, 3 STAFF RECOM~TION: The Planning Department Staff recommends that the Planning Commission: Af'~PT Resolution No. P.C. 92-.._. recommending. adoption of an m'dinance entitJed: '.AN ~ OF THE CITY COUNCIL OF THE CITY OF ~ FETTRIII9 TO 81ON RE6ULATION8 AND BITAILIIHIN6 REGULATIONS FOR THE USE OF OUTDOOR ADVNTTtBIN6 DISPLAYS.' vow A~c~ents: dlI · 2. 3. 4. 5. Resolution page - 5 Ordinance - page 8 E.d'tibit · A · Current Zoning Districts - page 14 Outdoor Advertising DiSplays Ordinance - Summary Report - page 15 Ordinance No. 348, Article XIX (Advertiing Regulations) - page 16 4 ATTA~ NO. 3 PLANNING COIVIN~SION MINtTTF.~ s~,unmynom*gx~,cc~ 10 It was moved by Commissioner Chinieeff, econded by Commissioner Ford, to approve the minutes of February 24, 1992 as 8mended. The motion was NON PUBUC HEARING ITEMS None PUBLIC HEARING ITEMS 8 OUTDOOR ADVERTISING DISPLAY ORDINANCES 3.1 ProDosed interim C)rdirmnce establishina regulations for Outdoor Advertising Disglare. Senior Planner John Meyer summarized the staff report. Chairman Hoegland opened the public hearing at 6:15 P.M. Commissioner Fahey questioned the wording on Page 11, Section 3, fifth sentence of the Ordinance. City Attorney Scott Field advised that the sentence should read "conforming uses for one (3) year period...". Commissioner Fahey and Commissioner Chiniaeff questioned the meaning of "Non-Commercial Off-Premise Signs" and requested clarification of "Prohibited Signs ". City Attorney Scott Field stated that staff would like time to review this section of the Ordinance. It was moved by Commissioner Chiniaeff, seconded by Commissioner Ford to continue Outdoor Advertising Display Ordinances to the meeting of April 6, 1992, to allow staff time to review Section 2. Prohibited Signs. The motion was carried unanimously. PLOT PLAN NO. 8839, REVISED NO. 1, AMENDMENT NO. 2 4.1 Prooosal to revis4 Plot Plan No. 8839. chanaina uses on the second floor from 5.413 sauare feet of storaae to a 780 sauere foot beauty shoo end 9.961 sauare feet of office soace and 1.672 saUare feet of storaae. and reauest a PCMIN3116/92 -2- 3/20/92 r't / ITEM APPROVAL CITY ATTORNEY FINANCR OFFICER CITY MANAGER' ~ CITYOFTEMECULA AGENDA IHu~)RT city councu/city MareSet FROM: x'lanning Demmnmm DATE: April 14, 1992 SUB~CT: Approval Authority Ordimmce RECOMMENDATION: The Plauning Deiwmnent Staff recommends that the City Couucil adopt Ordinance No. 92-__, upholding the Planning Commi~sion's approval of an ordinance regulating the approval of land use x~=~uhtionso BACKGROUND In response to past concerns expressed to Staff by the Council relative to speeding up the processing of development applications, Staff initi_nt__,~! an amendment to the existing approval ordinance which ruff believes will substaWinlly reduce processing time for a number of pwject types. Under County pwcessing requirements, projects (depending on their scale) were approvable by either Staff, Planning Director with public hearing, Planning Commi~4ion, or the Board of Supervisors. When the City incorporated December, 1989, the City Council amended the County procedures. -. When the City formed the Planning Commission in June of 1990, approvals were largely advisory to the Council. In August of 1990, the Council adopted Ordinance No. 90-19, which outlined approval authority for all develupment proposals, (see Attachment 4). This ordinance still did not provide for Planning Director approvals of discretionary projects and only aliowed the Planning Commi.~sion to approve rehtively minor projects. The Planning Commission has reviewed development applications for the last 20 months. In addition, consultant Planning Staff has been replaced by City employees. Consequen~y, the level of both Commission and Staff experience has risen to a point where additional approval authority is warranted. the revisions to both the CiLT Coo~4ln:ti.g Committee and the Economic DeveJopmem Committee. Both comma:tees were ~mtl;,ein~c about the pro~sed changes and felt that their implementslion would re. suit in ~;bstnntitliy improved processing dines. At their January 27th meeting, the Phnning Commission recomm~odesd some wvisions be made. Staff's recom~tlons were: Item numbers 3, 11, 18, 20, 22, 23, 7,4, and 27 were moved from DiRctor approval to Commigsion approval. Item no. 8 wss moved to Staff approval from Director approval. Item No. 21 was rcvis~ to rcquirc .temporary use permits beyond six months to be approved by the Commission. The commission then condm~cd the ~__t~-~ to February 3rd, for recommended adoption of the proposed amendments to the Council FISCAL IMPACT NoDe Approval Authority MaUix (Planning Commition Recommended) - page 3 Ordinance No 92-__ - page 5 Planning Commiqion minutes of January 27th and February 3rd, 1992 - page 9 Planning Commition Staff packt, Ianuary 27, 1992, with the Planning Staff recom_mmded matrix attached - page 10 Letter of support, Temecula, Murrieta EDC dated January 23, 1992 - page ll vgw ATTA~ NO. 1 APPROVAL AUTHORITY MATRIX APPROVAL AUTHORITY 1. Cel~icete of CornpRance X 2. ChengeofZoee/0edlnme Amendment. 3. Cooditjomd Use Perndt (Existing Bulkling) 4, Com~oel Use Peme (Not In ExbtJn0 Balding) 5. Fkud Map 6, (brueelPbnAmendment 7. Percd Merger X 8. Lot Une A~ X 9. Peking Adjuremerit X 10. Rot Plan for Antonnm end Off-Site AdveelbJnll (PLANNING COMMISSION RECOMMENDED) *PLAN, DIRECTOR *PLAN. *Cn'Y J~lCO:a:,~...'ldgtiOI1 X X Receeallmldad~ X X X X 11. Plot Ran Under 10,000 541. Ft. Exempt from CEQA 12. Rot Ran Under 10,000 Sq. Ft. Non Exempt horn ~EQA 13. F1ot Plan Over 10,000 Sq.Ft, 14. PuMc U~e Permit Under 10,000 Sq. Ft. 15. Pubic Use Permit Under 10,000 Sq. Ft. 16. Public Use Permit Over 10,000 Sq. Ft. 17. Reefsion to Acre 18. Second Dwdling Unit Permit 19. SpecidCaweFecility 20. Specific b/Amendment 21. Sulxtantlai Conformmace 22. Temporary Use Pemdt (Under 6 Months) 23. Temporary Use Permit (Over 6 Months) 24. Tentative Parcel Map (ReidmUd Less thBt 5 Lots) 25. Tentative Percad Map (Commercial/Industrial) 26. Tentative Tract Map (More than 5 Lots) 27. Time Extension - City Approved Projects 28. Time Extension - County Approved Projects 29. Variance X X X X X X X X X X X X X X X X X *Notioed Puldio Hearing, 300 Ft. for Nanning Direotor Approval, 800 Ft. for Planning Commbeion end City Courtoil A~,,-~vei. 4 ATTACHMENT NO. 2 ORDINANCE NO. 92~ S~%'TA, P~PAUTH.CC ~ ORDINANCE NO. ~,- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TI~IF. J3ULA REPEALING ORDINANCE NO. 9t}- 19 AND ESTABI-I,~n~NG DECISION-MAKING AUTHORITY FOR SUBDIVISION AND LAND USE APPLICATIONS WHEREAS, on December 1, 1989, the City of Temecuh was established as a duly organized municipal corporation of the State of California; WIn~E4$, pursuant to City Ordinance No. 90-04, the City adopted certain portions of the non-co&fled Riverside County Ordinances, inchding Ordinance No. 348 (*Land Use Code") and Ordinance No. 460 ("Subdivision Use Cede") for the City of Temecuh; WIIEREAS, on October 9, 1990, the City Council of the City of Temecula adopted Ordinance No. 90-19 establishing decision-making authority for subdivision and land use applications in order to provide for a smooth transition from the County of Riverside to the City of Temecuh involving such land use applications; WHI~tEAS, in recognition of the fact that most land use applications are now originating in the City of Temecula, it is the desire of the City Council to make more efficient and to establish a line of authority for the review and approval process involving development applications. NOW, THEREFOr, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance No. 90-19, adopted by the City Council of the City of Temecula is hereby repealed; Section 2. Riverside County Ordinance No. 348 and Ordinance No. 460, as adopted by City Ordinance No. 90-04, are hereby amended to adopt the development application procedures identified in Exhibit "A", attached hereto. Section 3. Where combined development applications are submitted for consideration, to the extent any portion of the application would be considered for approval by the highest reviewing body, as set forth in Section 2, then the entire combined application shall be considered by the reviewing body. Section 4. Any application for extension of an approved tentative map, parcel map, or vesting tentative map considered in accordance with the procedures contained herein shall pay the same fee as if the application were for the original map approval. Section S. Any interested person may file an appeal to a final decision by the Planning Commission to the City Council. Together with the applicable filing fee established by Resolution of the City Council, such appeal must be filed with the City Clerk within ten (10) . days of the date the matter was decided by the Planning Commission. For purposes of this Section, any City Council member may appeal a decision by the Planning Commission without payment of any fee for the appeal. Section 6. Except as Otherwise provided therein, any other land division or development application may be submitted to the City Planning Director for approval. If the Planning Director determines that the proposed application is comparable to one of the approvals described in Section 2, he shall direct that such application be submitted to either the Planning Commission or City Council for consideration pursuant to the procedures set forth at Section 2. Section 7. To the extent the pwvisions of Ordinance Nos. 348 and 460 are not superseded by the pwvisions of this City Ordinance, including notice and hearing requirements, said remaining pwvisions shall remain effective. Section 8. The City Clerk shall certify as to the adoption of this Ordinance and cause copies of this Ordinance to be posted and published as required by law. PASSED, APPROVED, AND ADOFrED this . day of April, 1992. Patricia H. Birdsall, Mayor ATrST: hne S. Greek, City Clerk STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS crrY oF T ,M ULA) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 92- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the of ,1992, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of ,1992, by the following vote, to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: June S. Greek, City Clerk O~da38 -3- 16. 17. 18. 19. 20. 21. 22. APPROVAL AUTHORITY STAFF X 1. CerfiflmteotComplianee 2. Change or Zone/Ordlmmce Amendmint. 3. Conditional Use Permit (Existing Building) 4. Conditional Use Perufit (Not in Existin~ 5. F'ma!Map 6. General Phm Axnendsnent 7. Parcel Merger 8. Lot Line Adjus5iient 9. Parking Adjusmaent 10. Plot Plan for Antmmae and Off-Site Advertising ~1. Plot Plan Under 10,000 Sq. FL Exempt from CEQA 12.~ Bot Plan Under 10,000 Sq. Ft. Non Exempt from CEC~A 13. Plot Plan Over 10,000 Sq. FL 14. Public Use Permit Under 10,000 Sq. Ft. Exempt frmn CEQA. 1~. Public Use Permit Under 10,000 Sq. FL Non Exempt from CEQA. Public Use Permit Over 10,000 Sq. Ft. Reversion to Acreage Second Dwelling Unit Permit Special Care Facility Specific Phn/Amendment Substantial Conformance Temporary Use Permit (Under 6 Months) PLANNING PLANNING ~TY DIRECTOR COMMISSION COUNCR, Recommendation X X X X X X X X X X Recommendation X X X X X X X Recommendation X X X X Ords38 (C~ Tampatory Use Permit (Over 6 Months) LemtbatSLoa) .Tmmtivehzu!Map X X X X X X X ATTACHMENT NO. 3 PLANNING COMMISSION MINUTES OF JANUARY 27 AND FEBRUARY 3, 1992 aMENDMENT OF Proposalby the City of Temecula tonend Ordinance 90-19 establishing decision making authority for sub-division and' land use applications, City of Temecula City boundaries. $ GARY THORNHILL reviewed the revised Approval Authority Ordinance. After Commission discussion, the following amendments were recommended: No. 3 - No. 8 - No. 11 - No. 18 - No. 20 - No. 21 - No. 22 - No. 23 - No. 24 - No. 27 - F~INO ~TmBTON MXNUTw2 Planning Co~mission Approval Planning Director Approval Planning Commission Approval Planning Commission Approval Planning Commission Approval Exceeding six months, Planning Commission Approval Planning Commission Approval - Planning Commission Approval Planning Commission Approval Planning Commission Approval ~)wU)~y 27, ~r~vpw-W XOAOLaSDopenedthe public hearing at 9:30 P.M. 1992~ RUBBELL RUBGdeBOFF# 27349 aefferson Avenue, representing the Tamecula/aurrietaABCExpediting Committee, indicated their support of staff's approach to streamline the approval process. LARRY M~u~g~q, Markham & Associates, 41750 Winchester Road, Temecula, concurred with staff's approval authority proposal. BTEV2ALOUIST, 31265 Infield, Tamecula, Vice President of the Economic Development Corporation, concurred with staff's recommendation to streamline the process. PAT ~aRTON, 38605 Highway 79, Temecula, Executive Assistant for the Economic Development Corporation, very supportive of this process. OARY THORNHILL stated that parking adjustments are done at staff level. He also stated that any time there is an accompanying general plan change or re-zoning, everything will trail with that application and go on to the highest approval authority. COMMISSIONER CHINIA~FF moved to continue Ordinance 92- (next) to the meeting of February 3, 1992, seconded by COMMISSIONER FINBY, AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Chiniaeff, Hoagland NOES: 0 COMMISSIONERS: None Slay TBOX~IIIILL advised that this item vould be passed on to the City Council. pT.~NNING nTI~CTOR I~O~T GARY THOIt~HILL r~inded ~e CO~iSSiOn Of ~e Joint meeting with the City Co~cil on W~esdy, F~~ S, 1992. pT.ANNTNG COIdMTRRTON hT~CURRTON OTHER RUSTNESS ADJO~ COMMIBBION~ BLAIR moved to adjourn at 7:00 P.M., seconded by COMMIS2IO![2~ FORD. The next meeting of the City of Temecula Planning Commission will be on Monday, February 24, 1992. J ~oagla d Secretary -6- 02/05/92 ~CMZN02/03/92 ATTACHMENT NO. 4 PLANNING COMMISSION STAFF PACKET DATED JANUARY 27, '1992 WITH PLANNING STAFF RECOMMENDED MATRIX ATTACHED o · s~r~mu, r~-t,,.,mcc 10 MEMORANDUM TO: FROM: DATE: SUBJECT: The Planning Commission Gary Thornhill, Director of Planning January 27, 1992 Approval Authority Ordinance The attached approval authority matrix, if approved, would provide for more expedient processing of applications by City Staff. The proposed revisions and their effect are summarized below: Conditional Use Permits (C.U.P.'s) in an existing building (T.I) would be approvable by the Director rather than the Planning Commission. Public Use Permits (P.U.P.'s) under 10,000 square feet in size and exempt from CEQA would be approvable by Staff (Director); P.U.P.'s and P.P. under 10,000 square feet and not exempt from CEQA would be approvable by the Director (with a public hearing); P.U.P.'s and plot plans over 10,000 square feet would be approvable by the Planning Commission. Currently, all P.U.P.'s and plot plans require Planning Commission approval and/or City Council (in excess of 50,000 square feet) approval. Second dwelling units would be approvable by the Director with public hearing, rather than the Planning Commission, per current ordinance. Substantial Conformance determinations would be approvable by the Director, rather than Planning Commission. All commercial and industrial parcel maps and residential parcel maps would be approvable by the Director at a public hearing. At the present time, the Commission approves all tentative parcel maps (T.P.M.'s) under 20 acres in size; the Council approves all T.P.M.'s in excess of 20 acres. All tentative tract maps would have final approval by the Planning Commission, regardless of size. Currently, the same criteria as stated above in item 6 applies to approvals. .' The Planning Commission Approval Authority Page 2 Time extension requests on maps, P.U.P.'s, plot plans, and C.U.P.'s previously approved by the City would be approvable by 'the Director with public hearing. Time extension requests on applications approved by the County would require Planning Commission approval, Currently, time extension requests are approvable by the Commission and/or Council depending on the size of the project. The net effect of instituting these changes would, in Staff's opinion, result in a measurable decrease in processing times; for affected applications, this could amount to four weeks or more in some cases. RECOMMENDATION: That the Planning Commission recommend approval of Ordinance No. 92-_, an interior Ordinance regulating the approval of land use regulations. vgw ORDINANCE NO. 90-19 AN URGENCY ORDINANCE OF TBE CITY COUNCIL OF TIlE CITY OF TEMECUIA ESTABLISHING DECISION MAKING AUTHORITY FOR SUBDIVISION AND LAND USE APPLICATIONS WHEREAS, on December 1, 1989, the City of Temecuia was established as a duly organized municipal corporation of the State of California; WHEREAS, pursuant to City Ordinance No. 90-04, the City adopt~l certain portions of the non-codi~ed Riverside County Ordinances, including Ordinance No. 348 ('Land Use Code') and Ordinance No. 460 ('Subdivision Use Code') for the City of Temecula; WHEREAS, both the Land Use Code and the Subdivision Code currently provide for procedures for consideration of approval for various development applications. These land use procedures were designed by the County of Riverside in light of the very large number of development applications that it had to process; amsequen~y, · significant number of applications were delegated to the County Planning Director and County Planning Commission for consideration; WHEREAS, subsequent to the City's incorporation and pursuant to Section 2.06.010 of the Temecula Municipal Code, the City Council utablished the Temecula Planning Commission which become effective on lune 4, 1990; WHEREAS, prior to June 4, 1990, the members of the Riverside County Planni g Commiuion and the Riverside County Planning Director served as members of the inte ~1~ Planning Agency for the City of Temecuh pursuant to the City Ordinance No. 89-13; and, WHEREAS, in recognition of the need for a smooth transition from the County to the City, it is necessary for the efficient operation of the affairs of the City that the City Council establish · clear line of authority for the zview and approval process involving development applications; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Riverside County Ordinance No. 348 and Ordinance No. 460, as adopted by City Ordinance No. 90-0~, are hereby mended to adopt the following development application procedures: 3/UrOs 90-19 -1- ~ I ) 0 .( :2l e o' I -I 0 ,l ATTACHMENT NO. 5 LETTER OF SUPPORT TEMECULA, MURRIETA EDC DATED JANUARY 23, 1992 TEMECULA- MURRIETA ECONOMIC DEVELOPMENT CORPORATION January 23, 1992 Planning Commission City of Temecula 43174 Business Park Drive Temecula, CA 92590 Dear Planning Commission Members: I am writing on behalf of the Temecula/Murrieta Economic Development Corporation to request your support of a matter of great importance to the business community. It is our understandingthat the Planning Department staff will be proposing changes in the approval process to allow for various types of routine planning approvals to be granted at the staff level rather than submitting the items for public hearing as is currently required. This matter will reportedly be heard by the Planning Commission on February 27th. The Temecula/Murrieta EconomicDevelopment Corporation is dedicated to supporting economic growth in the Temecula Valley. We believe that streamlining the development approval process to allow for faster approvals of routine matters would be of great benefit to the local business community and the overall economy of the area. Please support the planning staff and the economic development of Temecula with your "yes" vote on this matter when it comes before you. Thank you fur y~ur consideration. Very truly yours, Carliene M. Danielsen Riverside County Portfolio Manager CMD/cah 40945 Count3r Center Drive, SuiCe C Temecula, California 92591 714-699-6266 FAX 714-694-0201 ITEM 27 APPROVAL CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Department of Public Works April 14, 1992 Temporary Street Closure on Avenida De La Reina Between Corte Arroyo Vista/Corte Alhambra and Calle Aragon PREPARED BY: Tim D. Serlet, Director of Public Works/City Engineer RECOMMENDATION: That the City Council consider the alternative proposal (time-limit closure) for Avenida de la Reina as formulated by the Ad Hoc Committee, and direct Staff to maintain the temporary closure until a permanent closure can be constructed. BACKGROUND: At the regular City Council Meeting of January 28, 1992, the City Council reviewed the temporary street closure of Avenida De La Reina ("ADLR") between Corte Arroyo Vista/Corte Alhambra and Calle Aragon, and directed Staff to explore alternatives to implementing a permanent street closure. Subsequently, an Ad Hoc Committee consisting of representatives of the Public Works Department, Police Department, Fire Department, School District, Traffic and Transportation Commission, and Public Safety Commission, along with Mayor Pro Tern Lindemans, Councilmember Mu~oz, and citizens from the affected tracts was formed. The Committee met for the first time on February 19, 1992 and unanimously agreed that this was a traffic safety problem involving the quantity and speed of vehicles using ADLR as a shortcut to the High School, and heard a presentation by Mr. Ben Dobbins, a registered traffic engineer with J.F. Davidson Associates, discussing the merits and constraints of approximately twenty alternatives (Exhibit No. 2). At the conclusion of the meeting, the Committee agreed to the following actions: -1- Conduct a postcard survey of the neighborhood similar to the original survey taken in August 1991; Direct the residents of Paseo Goleta to the Traffic and Transportation Commission for assistance with their problem; 3. Request Staff to investigate the legality of a mechanical gate; and Re-convene on March 25 to review survey results and agreed on a potential alternative solution prior to returning to Council. The postcard survey was completed prior to the March 25 meeting and revealed that of the 298 cards mailed, 195 residences responded with 115 (59%) in agreement with the closure, and 80 (41%) disagreeing with the closure· A complete breakdown of the results along with a comparison to the 1991 survey and summary of the comments received on the cards is attached for your review. See Exhibit No. 3. The mechanical gate was discussed at each meeting and rejected by the citizens on the Committee due to potential effects on property values· Additionally, Section 21101.6 of the California Vehicle Code states: "Local authorities may not place gates or other selective devices on any street which deny or restrict the access of certain members of the public to the street while permitting others unrestricted access to the street·" A gate such as that used in Cupertino and operated on a time clock would be legal, but a gate that involved cards or keys would not unless a portion of the street was vacated. At the March 25 meeting, the various alternatives were discussed once again and while no consensus could be reached among the Committee as to recommending a permanent closure or an alternative, a consensus was reached as to a. preferred alternative for the Council to consider on a trial basis prior to implementing a perrYanent street closure· The preferred alternative involves the clo~Ure of ADLR between Corte Arroyo Vista/Corte Alhambra and Calle Aragon during the hours encompassing the beginning and end of the school day. The street would remain open during all other times. The following action would be necessary to implement this alternative: Stop signs on ADLR at Corte Arroyo Vista (4-way), Calle Aragon (3-way), and on Calle Bahia Vista at ADLR. See Exhibit Nos. 7-A and 7-B. Time limit closure sign on ADLR and advance warning signs on Rancho California Road (2), Rancho Vista Road.(2), and ADLR (2). See Exhibit No. 7-A. Request the School District to instruct students and parents to use the arterial routes of Rancho California Road, Margarita Road, Meadows Parkway, and Rancho Vista Road when driving to or from the High School. Install sign at High School driveway restricting through movement and requiring right and left turns only. -2- I~Oll~lr~tg~Olt4~-J-d~.2 O4138a 5. Direct the Police Force to concentrate on enforcement of the closure. Although this alternative appears to re-direct the cut-through traffic to the more appropriate arterials, the lack of any physical barrier to prevent the flow of traffic during the restricted times may result in significant amounts of noncompliance. This may cause the problem to appear as an enforcement' issue when it is a circulation problem. Another area of concern involves the visual effects of the additional signage that will be installed in the parkways of residential areas. This alternative is the least expensive of all the alternatives and can be effective if the citizens of the community work together. The installation of the additional signage, including labor costs, is approximately $2,000.00. As stated in previous reports, the permanent closure has been endorsed by the Police Department, Fire Department, and Public Safety Commission as having no significant safety impact on the surrounding neighborhood. Each residence would still have two points of access. Although an extension of the existing park was mentioned as a possible use if a permanent closure was implemented, the closure could simply involve the installation of signing and bollard with the existing pavement remaining as is. The estimated cost of constructing the quarter-acre park extension involves approximately $35,000 to remove the existing pavement, etc., and extend the curb and gutter across ADLR; and approximately $35,000 to develop the site. The existing park is a City park, not a private park, and is maintained by the Temecula Community Services District (TCSD). Representatives of the TCSD estimated that this construction would increase the citywide park assessment by approximately $2.00 for FY92-93. In subsequent years, the $2.00 would not be assessed, and the individual citywide assessments would increase approximately $.05 for the additional maintenance. Staff recommends the Council consider a permanent street closure due to the following circumstances: ADLR is a residential collector street that is being used as a direct route to the High School; The High School parking lot driveway lines up directly with ADLR at Rancho Vista Road. Although it is the most practical location for the driveway as it relates to traffic safety on Rancho Vista Road, school traffic has the opportunity to use ADLR as a shortcut. The circulation system surrounding ADLR is designed to convey traffic to and from the High School and consists of Rancho California Road (110' arterial), Margarita Road (110' arterial), Rancho Vista Road (88' secondary), and Meadows Parkway (100' major). There is no opportunity to construct a bypass; A permanent closure will alleviate (decrease) traffic on Rancho California Road; No diversion of traffic to other neighborhoods has occurred; and The safety of the neighborhood is not impacted. -3- Ir,~Ol~gd~4~.i12~Ol!4~4id4.2 040~ FISCAL IMPACT: Adequate funds are available in the Public Works Department Street Maintenance Account No. 001-164-999-42-5402 for the alternative. The construction of the park site could be funded from the Development Impact Fund or the citywide park assessment under the TCSD. Attachments: 1. Area Map 2. Alternatives Matrix 3. Summary of 1992 Card Survey 4. Summary of Comments 5. Agenda of February 19, 1992 Ad Hoc Committee Meeting 6. Agenda for March 25, 1992 Ad Hoc Committee Meeting 7. Alternative Signage a. Message b. Location -4,- PwOl~gz2b~d2~O414~dL2 040~ C' CITY OF TEMECULA AVENIDA DE LA REINA TRAFFIC STUDY AVENIDA DE'LA RBNA . POST CARD SURVEY RESULTS Auqust 1991 February 1992 Agree with the Closure Disagree with the Closure 92.5 (76.4%) 28.5 (23.6%} 115 (59%) 80 (41%) Out of the 307 post cards sent out, 23 came back returned to sender, 14 of which were personally delivered to the residence. Therefore, out of the 298 (307 minus 9) post cards, 195 (65.4%) responded vs. 43.3% for the August, 1991 post card survey. The following are the number of residents that had the same answer on both the August, 1991 and the February, 1992 post card surveys: 1. Agree with the Closure 62 2. Disagree with the Closure 21 The following are the number of residents that changed their answer on the February, 1992 post card survey from the August, 1991 post card survey: Changed from disagreement to agreement with the closure: 2 Changed from agreement to disagreement with the closure: 9 -1- pwO2%trafflc~reina%survey.res 032592 COMMENTS REGARDING THE AVENIDA DE LA REINA ("ADLR") MARCH 1992 POST CARD SURVEY AGRFE WITH CLOSURE The foliowino are comments are from the March 199~ oost card survey: 4. 5. 6. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. # of Commenl~ The closure helps prevent crime· It has been quieter with the temporary closure ................................ 1 With the closure, it is a safer area, 4 It will reduce traffic. .................................................. 1 Margarita Road is made for high volume traffic ................................ 2 There has been no problem with drinking or drugs at the existing park. 1 Had several near-misses backing out of driveway when the street was open. , 2 Extend park ....................................................... 20 Please keep safety as the top priority ..................................... 10 Why is this continuing? ................................................ 2 i would not agree with any type of gate or fence .............................. 1 It is hard to get out of the neighborhood when the High School lets out. Main concern is - what if ther~'s an emergency? - with only one way in or out .............................. 1 This is the only way to resolve and solve the problem ........................... ~ Any solution will lower the value of my property ................................ Speed bumps/stop signs if the permanent closure is not agreed upon·- ..... .................................................... 1 I agree with permanent closure unless students can be made to turn left only coming out of the parking lot .......................... '1' Routing High School traffic through a residential tract ..... will eventually cause a fatal accident...-... ............................... 1 Relocate the High School? ....... ? -: ...... : ............ ~ ................. 1 A bicyclist was killed because of speeding on Calle"Aragon ....................... 1 Temporary street closure is working just fine. Therefore, let's make it permanent. 1' One life lost after re-opening would be a tragedy .............................. ;i As is, at the present ........................................... . ....... 1 ADLR wasn't made for the a.m. and afternoon traffic ........................... 1 - Rancho California Rodd speed limit should be reduced to 35 mph. 1 Would like to see this completed as soon as possible ........................... 1 It is not just High School kids. Everybody speeds down the hill· ........................................................ I TOTAL .................... ; ..................................... 66 (49 residents had no comment.) -1- pwO2~,tref~c~,reine~closure.agr 032592 COMMENTS REGARDING* THE AVENIDA DE LA REINA ("ADLR"| MARCH 1992 POST CARD SURVEY DISAGREE WITH CLOSURE The followirt~ comments are from the' March 1992 oost card survey: 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. # of Commqnts If Rancho California Road ever becomes heavy with traffic, there is no other way out ..................................... 2 Law enforcement is the answer ........................................ 3 Emergency vehicle access will be restricted if the closure is implemented ............................................ 2 This closure is not the appropriate solution ................................ 1 The problem is just a few hours during school days .......................... 3 Closure is not a reasonable solution ..................................... 1 Have a traffic controller to open and close the street .......................... 3 Can't be just a win/lose situation (open/close) .............................. 1 Install a mechanical gate ............................................. 2 A burglar escaped this week due to the closure ............................. 1 Very inconvenient .................................................. 4 Install stop signs and/or speed bumps .................................... 7 Use portable median barrier on Rancho Vista Road (morning and afternoon) ........................................... 1 We have a legal right to use the street ................................... 1 Closed off Calle Aragon just west of ADLR and place speed bumps on ADLR ......... 1 The closure diverts traffic to other areas .................................. 1 Use "prohibit turn" signs ............................................. 2 It is dangerous to have to take Rancho California Road ........................ 1 Close the street during school time only .................................. 2 Cul-de-sac ADLR at Rancho Vista Road .................................... 3 Set no' through hours ................................................ 2 Place this issue on the ballot .......................................... 1 Post policemen and give tickets ........................................ 1 Let the area planners come up with a better idea ............................ 1 ADLR is a public street .............................................. 2 Control the students..- .............................................. 1 One-way street .................................................... 1 Created access problems ............................................. 1 Test and evaluate alternatives ...................................... . . . 1 Strongly disagree .................................................. 1 $70,000 for a park and maintenance costs is too much of a tax burden for Villa Avanti and Village Grove Estates ....................... 2 Traffic is good - it helps your children to be responsible ........................ 1 I raised my kids one street from a high school with kids driving up my street. No one ever complained ........................ I TOTAL .............................................. ; ......... 58 (22 residents had no comments.) pwO2%~raf~c%reins%closure.dis 03259: CiTY OF TEMECULA DEPARTMENT OF PUBUC WORKS AD HOC A VENIDA DE LA REINA COMMITTEE CITY HALL - MAIN CONFERENCE ROOM 4:00 P.M. - 6:00 P.M. !1. III. IV. Purpose of meeting A. History of problem and definition B. Existing situation High School A. Hours, events B. Location map of student's residence Alternatives B. C. D. E. F. G. H. I. J. K~ L. Stop signs Speed bumps Signing One-way street Divertersltraffic circle Mechanical gate - ~ Median islands (Rancho Vista and Rancho Calif.) Limited access gate; cards; manual closure by crossing guard) Relocate high school drive Traffic controllers Traffic signal Permanent closure Establish next meeting -2- pwO 1 ~td8%mem\0211 · CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS AD HOC A VENIDA DE LA REINA COMMITTEE CITY HALL - MAIN CONFERENCE ROOM MARCH 25, 1992 4:00 P.M. - 6:00 P.M. II. i11. IV. /Ad Hoc Committee was formed to look at alternatives and reach a consensus History of Project A. January 1991 - Public Safety Commission B. Temporary Barrier September 1991 C. Staff Evaluation and Council Presented Temporary Closure A. Neighborhood Survey B. Volume Reduction C. No Traffic Diversion (Investigate)' 1992 A. B. C. Survey Results 1991 Comparison Card Comments Alternatives Discussion (Vehicle Code Section 211.01.6) Conclusion A. Ad Hoc Committee B. City Council Meeting with Recommendations p wO 1 \traffic~rei nt, agd0325~''~ CITY OF TEMECULA AVENIDA DE LA REINA TRAFFIC STUDY AVENIDA DE LA RBNA Closed between Calle Aragon and Corte Alhambra/Corte Arroyo Vista From 6:30 a.m. to 7:30 a.m. From 2:00 p.m. to 3:00 p.m. (Except weekends & holidays) ROAD CLOSED AHEAD From 6:30 a.m. To 7:30 a.m. From 2:00 a.m. to 3:00 a.m. (Except weekends & holidays) ROAD CLOSED From 6:30 a.m. to 7:30 a.m. From 2:00 p.m. to 3:00 p.m. (Except weekends & holidays) ~ C2 (Modified) EXHIBIT 7B N0 LEFT TURN From 6:30 a.m. to 7~30 a.m. From 2:00 p.m. to 3:00 p.m. (Except weekends & holidays) (~R17B (Modified) NO RIGHT ,TURN From 6:30 '~i.'~""~ 7:30 a.m.. ' From 2:00 p.m. to 3:00 p.m. (Except weekends & holidays)- R16B (Modified) NLY (~ R61 (Modified) ITEM 28 APPROVAL CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Council/City Manager Planning Director April 14, 1992 SUBJECT: Ordinance Approving Zone Change No. 18 RECOMMENDATION: Introduce an Ordinance entitled: ORDINANCE NO. 92- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE OF ZONE APPLICATION CONTAINED IN CHANGE OF ZONE NO. 18 CHANGING THE ZONE FROM R-A 2- 112 (RESIDENTIAL AGRICULTURAL, 2-112 ACRE LOT SIZE MINIMUM) TO S-P (SPECIFIC PLAN) ON PROPERTY LOCATED ON THE SOUTHEAST CORNER OF MARGARITA ROAD AND DE PORTOLA ROAD. BACKGROUND: At the City Council meeting of March 24, 1992, staff was directed to make changes to the conditions of approval dealing with the recommended land uses and to prepare an ordinance reflecting the approval of the Zone Change. The attached ordinance has been prepared for introduction at this meeting. JSG ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMEC~A, CALIFORNIA, AMI~IDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE OF ZONE APPLICATION CONTAINED IN CHANGE OF ZONE NO. 18 CHANGING THE ZONE FROM R-A 1-1/1 (RESIDENTIAL AGRICULTURAL, 2-1/2 ACRE LOT SIZE MINIMUM) TO S-P (SPECIFIC PLAN) ON PROPERTY LOCATED ON THE SOI3HEAST CORNER OF MARGARITA ROAD AND DE PORTOLA ROAD. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That the Temecula City Council hereby makes the following findings: Public Hearings have been held before the Planning Commission and City Council of the City of Temecula, State of Califomia, pursuant to the Planning and Zoning law of the State of California, and the City Code of the Cit~ of Temecula. The zoning district as shown on the attached exhibit is hereby approved and ratified as part of the Official Zoning Map for the City of Temecula as adopted by the City and as may be mended hereafter from time to time by the City Council of the City of Temecula, and the City of Temecula Official Zoning Map is amended by placing in effect the zone or zones as described in Change of Zone No. 18 and in the above title, as shown on zoning map attached here to and incorporated herein. Section 2. Notice of Adoption, Within 10 days after the adoption hereof, the City Clerk of the City of Temecula shall certify to the adoption of this Ordinance and cause it to be posted in at least three public places in the City. Section 3. Taking Effect. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of the Ordinance and cause copies of the Ordinance to be posted and published as require by law. PASSED, APPROVal3 AND ADOPTED this day of ,1992. PATRICIA H. BIRDSALL, MAYOR ATTEST: hne S. Greek, City Clerk [SEAL] 0~s39 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS crrY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecuh, do hereby certify that the foregoing Ordinance No. 92- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 14th day of April, 1992, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the _th day of , 1992 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNC~MBERS: APPROVED AS TO FORM: June S. Greek, City Clerk Scott F. Field City Attorney Ord~19 MAP NO.: CHANGE O1~ ZONE NO.: ORDINANCE NO.: 18 CITY OF ~ CITY COUNCIL ADOPTEn: klORT'H 'S-P' ,SPEORC PLAN ZONE ITEM 29 APPROVAL CITY OF TEMECULA AGENDA REPORT DATE: TO: FROM: SUBJECT: April 14, 1992 City Council/City Manager Mark J. Ochenduszko, Assistant City Manager PAVING OF 6TH AND FRONT STREET VACANT LOT RECOMMENDATION: a) b) It is recommended that Council direct staff: regarding its interest in the tempprary paving of the vacant 6th and Front Streets; and to appropriate funds as necessary. lot at DISCUSSION: The City recently acquired the vacant lot at the northeast corner of 6th and Front Streets. One member of the City Council has asked staff to explore the feasibility of providing temporary paving on the vacant lot so that it can be used on an interim basis for the Farmers Market and other similar activities. The lot can be temporarily paved with three inches of asphalt for approximately 938,850.00 This temporary improvement would not include landscaping, tire blocks, striping, or any other improvements that would accompany the development of a permanent parking lot. As an alternative, gravel can be placed on the lot to provide a temporary surface at the cost of $15,000. It should be noted, however, that there are maintenance expenses associated with keeping the gravel in a confined area. FISCAL IMPACT: 1) If the City Council determines that the lot should be temporarily paved with asphalt, $38,850 should be appropriated from Redevelopmerit Agency CIP-General Contractor Account # 016-199-999-44-5804 to 016-199-999-42-5219. 2) If the City Council determines that a temporary gravel overlay should be utilized, $15,000 needs to be appropriated from Redevelopment Agency CIP General Contractor Account # 016-199-999-44-5804 to 016-199-999-42-5219 Temporary Improvements. a:pave.agn ITEM 3O CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Department of Public Works April 14, 1992 Maintenance of Streets Not Within the Maintained Road System PREPARED BY: Tim D. Serlet, Director of Public Works/City Engineer RECOMMENDATION: Receive and provide Staff direction. BACKGROUND: There are several unimproved (dirt) streets within Temecula such as Leifer Road north of Nicolas Road, Walcott Lane, Calle Girasol, John Warner Road, and Santiago Road, that were not accepted into the County's maintained road system due to the increased maintenance costs and liability associated with lack of asphalt pavement and drainage facilities. The land divisions associated with the streets were typically required to provide an offer of dedication to the public for street and road purposes, but were not conditioned to install the infrastructure improvements that would have made them eligible for maintenance by the County Road Department. The offers of dedication were then either not accepted by the County Board of Supervisors, or were accepted only for vesting purposes to preserve access rights. Under Section 1806 of the Streets a. nd Highways Code, the governing agency is not responsible for maintenance nor liable for failure to maintain until the agency formally accepts the street into the maintained street system. AdditionalLy, streets that are not within a City or County's maintained street system are not eligible for Gas Tax Funding and the associated maintenance cost must be funded by an alternative source. -1- pwO1\agdrpt\92\0324\maintnon,rnrs 0406 Currently, the Public Works Department will respond to citizens in these areas in times of emergency with barricades or sand bags, but will not do any routine maintenance of these streets. The Council may wish to continue this policy or direct Staff to formulate a policy that would limit the expenditures of public funds to emergency repairs; or possibly accept all the streets into the maintained system, but maintain only minimally with grading and minor drainage facilities. FISCAL IMPACT: To design and construct to a minimum standard a twenty-four foot paved roadway (using Leifer Road as an example) with 3" of asphalt over 4" of base, asphalt betins, down-drains and one minor culvert crossing (2-24" C.M.P.) would cost approximately $100,000- 8115,000. To only compact and grade the roadway, along with dust control and base stabilization, would cost approximately $12,000. However, the road would need to be re-graded twice per year at an approximate annual cost of $14,000. Attachment Memo on Leifer Road -2- pw03\agdrpt\92\0324\rnaintnon.rnrs 0406 MEMORANDUM TO: FROM: DATE: SUBJECT: Tim D. Serlet, Director of Public Works/City Engineer Brad Buron, Maintenance Supervisor March 11, 1992 Leifer Road Update Tim, here is a cost breakdown for projected work to be constructed on Leifer Road. Grade, compact subgrade 106,800 sq. ft. ~ $0.05/s.f. = Two 24" arched C.M.P., installed 60 linear feet @ ,~78.55/I.f. = SUBTOTAL = Dust control and road base stabilation using liquid calcium chloride application 3.88 gai. per sq. yd. = TOTAL COST = $5,553.60 $~,-,713.00 $10,268.60 $1,500.00 $11,768.60 In response to your request of how many families access their homes off Nicolas Road into Liefer Road area, there are forty-two (42) different residences that live on the following streets: Liefer Road Greenwood Lane Kimberly Lane Pala Vista Drive Jessie Circle Gatlin Road Indian Summer Road if you have any more requests, or require more information on any of the above, please feel free to contact me at extension 184. pwO2\buronb\0311 a.mem ITEM 31 APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: City Manager DATE: April 14, 1992 SUBJECT: Volvo World Cup '92 Team Penning Competition RECOMMENDATION: Consider appropriating ,~1,500 for City participation and promotion at the 1992 Volvo World Cup Team Penning Competition. BACKGROUND: Attached you will find correspondence from the committee chairpersons regarding the Volvo World Cup Team Penning Competition. The City of Temecula has been asked to participate and sponsor a portion of the trophies. As the correspondence states the City will receive recognition as a sponsor and will be able to publicize the City of Temecula activities such as the Temecula Pro Rodeo and the Great Temecula Tractor Race. The request for support is in the amount of $1,500, the proceeds of which will go toward the purchase of trophy belt buckles. Additional materials are available in the office of the City Clerk, should you wish to learn more about this event. March 24, 1992 TO: PATRICIA BIRDSALL MAYOR OF THE CITY OF TEMECULA FROM:DIANE GROD AND MIKE QUICK COMMITTEE 'CHAIRPERSONS FOR THE VOLVO WORLD CUP TEAM PENNING Telephone numbers Day: 714-699-5255, Home: 714-654-9446 The city of Del Mar is hosting the 14th Volvo World Cup Finals during April 15-19. The'~aturday, April -t~8th.has been designated California Day. Immediately follwing the International Grand Prix of Del Mar on Saturday there will be held a California Horse Exposition in the main arena while spectators from all over the United States and the world look on. During this exposition, the premiere event will be a team penning competition consisting of two divisions. The first division will be comprised of six Southern California Professional Team Penning teams. The second division is comprised of fourteen teams made up of one professional team penning rider and two world cup riders, most of whom will be seeing this California tradition for the first time let alone participating in th fastest grQwing horse sport in the United States. The Volvo World Cup is held once a year generally in the month of April. For this years' World Cup the state of California has won the bid to host the international show jumping competition which is being held at the Del Mar Race Track. During the fourteen year history of the World Cup, the competiton has only been held twice before in the United States besides this year so it is a honor for Southern California to be the host of such a international level competition where sixteen nations will be represented. We, Southern California would like to leave our mark on the international world of show jumping and the other nations of the world, by sharing a part of our western culture. As a sponsor of this special event the city of Temecula will be promoted as a major sponsor of ~he horse sports world. The City of Temecula will be promoted as a part of California's western heritage. It will be personally represented by the Miss Temecula Rodeo Queen and The Miss Temecula Junior Rodeo Queen. The spectators will be comprised of not only residents of California but also people from all over the United States and at least sixteen foriegn nations. Some of the professional team penning riders are local residents such as Cindy Anderson, Eddie Jarnigan along 'wi~h other professionals such as Don Fullerton, Ramon Silva and Marie Scovill who is the 1992 president of the World Championship Team Penning Association. A few of the world cup riders that will be participating are Ian MIller from Canada who is a former olympian and has won the world cup twice before, John and Michael Whitaker from Great Britian and former olympians, Eric Navet and Herve Godnignon from France, and from the United States Bernie Trauig a former olympian, Candice Schlom, Phillip Cyllis, and Hap Hansen whose mother has been a resident of Temecula for at least ten years. Many of these riders will be leaving Del Mar and travelling to Barcelona for the 1992 Olympic Games. With the presence of the Rodeo Queens, the Temecula Pro Rodeo and The Great Temecula Tractor Race along with the Golden Harvest Festivities will be publisized. Fliers wi~ be distributed to the spectators by the rodeo queens along with a banner listing the names of the organizations of the donors. The Volvo World Cup Team Penning Committee is requesting a donation of $1500.00 the proceeds of which will go towards the purchase of trophy belt buckles. We, the committee, apologize for the short notice but we have just recently been invited to be included in the festivities being held during California Day. Thanks for your consideration. Volvo World Cup Team Penning Committee, Diane Grod and Mike Quick ~.ND DAA, 19cJ0 A Production of the 22rid District ASricultund Association State o~ Ca~onda 22/~ Jimmy Durante BIrd. Dei Ma~ California 92614 U.S.A. Telephone: (619) 755-1161 Fax: (619) 755-;~20 DATE: CONTACT: EVENT DATE: ORGANIZER: LOCATION: 'Fact Sheet February 7, 1992 Shawn Riley Information Officer, Del Mar Fairgrounds (619) 755-1161 or (619) 296-1441 April 15-19, 1992 The 1992 Volvo World Cup is a production of the 22nd District Agricultural Association (22nd DAA). The district is an agency of the State of California Department of Agriculture. The district operates the 1.4 square kilometer (350-acre) Del Mar Fairgrounds. One of the 22nd DAA's principal purposes is to provide agricultural education and recreation for the people of San Diego County. Equine activities are a focal point of the fairgrounds' annual calendar of events. Among those activities is the two-week Del Mar National Horse Show, which has as its featured event the $30,000 Cadillac Grand Prix, a part of the American Grandprix Association circuit. Other equine activities include the Del Mar Thoroughbred Club's racing meet, one of the most successful in the United States; and the headquarters of the California Thoroughbred Breeders Association. Several thoroughbred auctions are held each year on the grounds. Del Mar, California USA Del Mar is approximately 32 kilometers (~0 miles) north of San Diego and about 161 kilometers (100 miles) south of Los Angeles. Bordering the Del Mar Fairgrounds on the west is the Pacific Ocean. Because Del Mar is 60 kilometers north of Mexico, it is influenced by Latin language and culture. In Spanish, "Del Mar" means "of the sea." San Diego County, where Del Mar is located, is a major center of show jumping competition. -more- page two--World Cup Fact Sheet ORGANIZER: ORGANIZING COMMITTEE: EVENT STAFF: FACILITIES: Internationally known riders who live in Del Mar include Hap Hansen and Bernie Traurig. International horses in the area include Zulu, Juniperus, Eastern Sunrise, Zadok, Corsair and Maybe Forever. BOARD OF DIRECTORS: 22nd DAA Allan Royster, president Battle Kujawa, vice president Jan Anton Bill Cleator John "Jack" Ford Gloria "Brooks" Parry Raymond Saatjian Robert Spanjian Bob Vice Brooks Parry, chairman Max Ammann Jan Anton Uif Bergqvist Dick Brown Jane Brown Joseph Harper Bettie Kujawa John Quirk Allan Royster Robert Spanjian William C. Steinkraus Roger Vitaich, CFE, general manager Martina Stimmel, executive assistant The site of the Volvo World Cup Finals is the 1-year-old, $5.4 million horse show arena. The arena floor measures 92 by 46 meters (300 by 150 feet), a roof height of 14 meters (45 feet), and state-of-the-art lighting, sound and scoreboard. The seating capacity for the World Cup, including, bleacher seating at the north and south ends of the arena, is 9,000. The' new arena also will be the home of the highly regarded Del Mar National Horse Show, which has been at the fairgrounds since 1946. -more- page three- World Cup Fact Sheet EQUINE INFORMATION: In addition, a new $15 million satellite wagering facility opened to the public, September 1991. This facility includes extensive dining facilities adjacent to the horse show arena, offices and meeting rooms for the World Cup Finals. The stabling facilities include 2,000 permanent stalls with full security. There are extensive warmup areas. Complete veterinary and equine hospital facilities are on the site andnearby. The horse industry is a $15.2 billion business in the United States. California's horse industry alone contributes $2 billion to the economy, more than any other U.S. state. The Del Mar race track is first in the nation in average daily handle. WCFACT 02/10/91 ITEM 32 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA IH~]RT City Council/City Manager Gary Thornhill, Director of Planning April 14, 1992 Temporary Political Signs RECOMMENDATION: Receive and File BACKGROUND Attached for your review is a memo from the City Attorney summarizing the relevant provisions concerning temlx)rary pofitical signs. At the request of staff, the City Altomey has reviewed the State Codes and local Ordinances. In Summary, the City may remove political signs located within the pubtic right-of-way. Pofitical signage located on private property may not exceed 16 square feet in surface area nor exceed 6 feet in height. FISCAL IMPACT None Attachments vgw S~STAFFRF~POL1T. 5GN BUI~KEt WILL=AM~ & SORENSEN TO: ~ROM: Gary Thornhill, Planning CO: Director Scott F. Field, City Attorney~PILz NO. DATE: March 27, 1992 Temporary Political Signs Per your request, this memo summarizes the relevant provisions of State law and City ordinance concerning temporary political signs. Sec. 5200, st. ~.~q. of the. Business & Professions Code regulates all forms of off-premises advertising, including billboards and temporary political signs. H~wever, it provides at Sec. 5230 that cities may enact more restrictive land use regulations, but may not authorize 'less restrictive advertising. Under Business & Professions Code Sec. 5405.3, a temporary political sign is defined as a sign which: (a} Encourages a particular vote in a scheduled election, (b) It is placed not sooner than 90 days prior to the scheduled election and is removed within 10 days after that election, (c) (d) Is no longer larger than 32 sq. ft., and Has a Statement of Responsibility filed with ColTtans certifying a person who will be responsible for remov- ing the temporary political sign and who will reimburse CalTrans for any cost incurred to remove it. section 5405.3 further provides that while it does not prohibit the placing of temporary political signs aenerally, no political sign may be placed within.660 ft. of any ~andscaped freeway, and further may not be placed wfthin the right of way of any "high- way". Highway is.defined to include all "roads, streets, boule- vards, lanes, courts, places, commons, trails, ways or other rights-of-way or easements used for or laid out and intended for the public passage of vehicles or of vehicles and persons". In other words, no political sign may be placed within the right-of- way of any city streen. Since temporary political signs are prohibited by State law from being located within city streets, this only leaves placement on private property. Further, placement on private property is limited to property outside of 660 feet of any landscaped free- way. I am unsure if I-!5 is a landscaped freeway, so you need to check on this with CalTrans. This leaves the area of signs posted on private property, which is controlled by Sec. 19.7 of Riverside County Ordinance No. 348, which the City has adopted by reference since Incorporation. Sec. 19.7 provides that temporary political! signs may be posted on private property so long as the sign does not exceed 16 square feet in surface area, does not stand taller than 6 feet, the lot does not have signs in excess of 80 square feet, and the candi- date has the consent of the owner. Sec. 19.7 places additional restrictions on such signs, a copy is attached. Also please note that Sec. 19,7 provides that signs are to be removed only after providing the candidateor sponsor at least five day's notice. Following that period, the City may remove the sign summarily and bring an action against the candidate for the cost of removal. HoWever, this procedure applies only to signs on private prope.~cy. Signs on public property, or within the right of way, may be summarily removed without notice. Bus. & Prof. Code Sec. 5463. '1~ I IQ7533.),i~M .~t;ecettatteous pZatt/fit~-Ret~ted Laws (b) Advertising displays advertising the sale or Ie,~e oEthe property upon which they are located, if all adver~sing displays within ~ feet of the edge of the right-of-way of a bonus se~nent shall comply with the regulations adopzd under Secdons 5251 and 5415. (c) Adve~sing displays which advertise the business conducted, ~rvices rend¢.~,~ or goods pr~luced or sold upon the property upon which the adve,-'~ing display is place, if me display is upon ~he same side of ~he highway as the advertised activiW; and if all advertising displays within 660 feet of the right-of-way o f a bonus segment comply with ~he regulations adopted under S ~dons 5251, 5403, and 5415; and except that no advertising display shall be placed after Ianuary 1, 1971, if it contains fla.shing, intermiv~nt or moving lights other dxan tha~ part n~ to give public service inEormadon including, but not limited to, the time, dsie, temperature, weather, or similar informadon~ or a message center disphy as defined in subdivision (d). Message cenzer (d) (1) Message cenzr alLsplays, which comply with Article 6 (commencing with Secdon 5350) displays and Article 7 (commencing with 3ection 5400). As used in this subdivision, message ceru~rdisplays are displays which have a changeable message which may be changed by electronic processes or by remote control The i/hmination of a message cenw, r display is not the use of a fi,~hing, inw. rm ittenr, or moving li ght for purposes of subdivis ion (b) of Section 5408, except tha~ no message center display my include any illumination which is in motion orappears ~o be in motion or changes in inmnsity or exposes i~s message for less d~n four seconds, normay th~ interval between be le~s than one second. No message center display may be placed within 1,000 feet of another message center display on the same side of the highway. No message center display may be placed in violation of Secdon 131 of Tide 23 oE the United States Code. (2) Any message cenw~ display locn~ beyond 660 fe~ from the edge of the right-of-way of an intersmz or primar~ highway and pertained by a cit~, county, or ciW and county on or before December 31, 1988, is in complhnce with article 6 (commencing with 3ecdon 5350) and Article 7 (commencing with Section 5400) for purpos~ of this section. (3) Any message center display legally placed on or before December 31, 1989, which does not conform with ~ section may continue to be maintained under i~s existing criteria if it advertises only the business conducat, services rendered, or goods produced or sold upon the property upon which the display is placed. (4) This subdivision does not prohibit the adoption by a city, county, or civ/and county re~u-ictions or prohibitions affecting off-premises message center displays which are equal to or ~x-~ater than those imposed by this suSdivision, if that ordinance or regulation does not r~wict or prohibk on-premises adver~ing displays, as defined in Chapter 2.5 (commencing with Section 5490). (e) Advertising displays erected or maintained pursuant to regulations of the d~ctor, not inconsisten~ with the na~onal polic~ set forth in subdivision (f~ of Section 13 1 of Tide ~ of the United Sm~s Code and the standm'ds promulga~.xi thereunder b~ the Secretary of Transportation, and designed to give information in the specific inr~,-~st of the waveling public. ( mnded by S ~ts. 19 7-~, C h. 1074: Amended ~ S t~ts I989, C h. 6 91J Temponu'y poii~d S405.3. Nothing in this chapter, including, but not limited to, Section 5405, shall prohibit the placing si~,ns of ternporary political signs, unless a federal a~ency determines tha~ such placement would violate federal regulations. However, no such sign shall be placed within the right-of-way of any highway or within e(~0 feet of the edge of and visible from the right-of-way of a landscaped fr~way. A 2mpomv] polltic. al sign is a sign which: (a) Encourages a pardaxlar vote in a scheduled election. (b) rs placed not sooner u~n 90 days prior to the scheduled election and is removed within 10 d~ys ~ d~t decdo.. (c) h no larger tha~ 32 ~quare feet. (d) ~ had a stas:m~t d responsibility fried with the dq:~'tmmt ~g · I~" who be r~spo~sible for removing me temporary polid::al sign and who will .:im buzse th~ depazsme-t for any CO, S~ incurred to remove iL (Ad~d by Szats. 197~), C,~. Farm product outlay S4OS.~. In addidon to those displays permiv. ed pursuant to Section 5405, erected and maintained advertising d/sivlay~ pursuant to regulations oi the director, which will not be in violation of Section 131 of Tide 23 of the United States Code, and which identify the locadon of a farm prnduce oudet wher= farmers sen direcdy to the public only thos~ farm or ranch producr~ they have produced themselves, may be The Plannin~, Zoning, and Development Laws 2. No sign shall be within i00 feet of any existing residence. 3. No more than two such signs shall be pen~itted'for each subdi vision. 4. The maximum period of time a sign may remain in pl ace shall be two years. 5. No Sign shall be arti~ftctally lighted. 6. An agreement, secured. by a $100 cash bond, shall be executed with the County for each sign, assuring the removal of the sign within the allowed time period. The bond and agreement shall be filed with the Departant of Building and Safety. Added: 09-13-.73 (Ord. 348. lZO1 ) · ~mended Effectt re: 01-20-77 (Oral. 348.1540) , 06-~7-78 Ord. 348.1658! 07-16-85 348.2496) SECTION 19.7. TENPORARY POLXTICAL SIGNS. a. For the purpose of this 'ordinance, a temporary political sign shall mean a sign, not otherwtse permitted by thl s ordi nonce, whtcn encourages a particular vote in a scheduled election. b. Notwithstandt'ng any other provision of this ordinance, temporary political signs are permitted in all zoning classifications subject to the following limitations: I. No such sign shall exceed 16 square feet in surface area. 2. No free-standing temporary political sign shall exceed 6 feet in height. 3. No lot shall contain tmporary political signs having an aggregate surface area in excess of 80 square feet. 4. NO such sign shall be artificially lighted. S. No such sign shall be erected or placed more than gO days prior to the scheduled election to which it' pertains. 6. All such signs shall be removed within 10 days after the scheduled election to which they pertain, except that a sign erected or placed for a candidate who prevails in a primary election may be maintained until 10 days after the final election. 7. No such sign shall be erected, placed or maintained upon any private property without the consent of the owner, lessee, or person in lawful 'possession of such property. B. No tmaporary political sign shall be erected, placed, o~ maintained on any publicly owned tree or shrub or upon the improved portion of any street or .highway .right of way which is used for traffic or pa rkl ng. g. No temporary political sign shall be erected, placed or maintained so that it does any of the following: {a) Nars, defaces, disfigures or damages any public building, structure or other propert>'. {b) Endangers the safety of persons or property. (c) Obscures the view of any fire hydrant, traffic sign, traffic signal, street sign, or public informational sign. (d) Blocb~s motorists' lines of sight to areas of vel~icular or pedestri an traffic. Any temporary political sign erected, placed or maintained in violation of any provisions of this section may be renoved by the County 5 days .after notice of the violation is given to the concerned candidate or sponsor, and.to the owner, lessee or person in lawful possession of the property. Any te~er;;Yf political sign which constitutes an immediate danger to ety or persons or property, or which has not been renoved within 10 days after the scheduled election as provided in subsaction {b)(6), may be r~noved by the County summarily and without notice. The County may bring as action to recover the reasonable cost of sign removal under this subsection. Added Effecttve: 04-21-83 (Ord. 348.2126) 256 ITEM 33 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Mary Jane Henry, Finance Officer DATE: April 14, 1992 SUBJECT: Resolution No. 92-__ To Approve An Advance From The Revolving Fund To the Temecula Redevelopment Agency RECOMMENDATION: That the City Council adopt Resolution No.92- entitled: RESOLUTION TO INCREASE THE REDEVELOPMENT AGENCY (RDA) REVOLVING FUND FROM $2,000,000 TO $4,000,000 AND APPROVE AN ADVANCE OF $3,484,000 FOR THE PURPOSE OF ACQUIRING THE 40 ACRES OF PROPERTY WEST OF DIAZ ROAD AND SOUTH OF CHERRY STREET. DISCUSSION: In a separate RDA agenda report, staff is requesting that the RDA Members approve the acquisition of 40 acres of property west of Diaz Road and south of Cherry Street. In order To fund the acquisition it is necessary to approve an increase in the RDA Revolving Fund from $2,000,000 to $4,000,000 and approve an advance of $3,484,000 from the fund to the RDA. Attachment: Resolution 92- Promissory Note PROMISSORY NOTE The Temecula Redevelopment Agency does hereby promise to pay to the City of Temecula on or before June 30, 1994, the sum of $2,000,000 the receipt of which, as a loan, is hereby acknowledged. The principal sum due on this note shall carry interest at the rate of ten percent (10%) per annum, from the date of this note to and including the date that the full amount of the principal sum due hereunder is paid in full 'to City. That principal and interest due hereunder shall be paid in currency of the United States at the offices of the City located al~ 43174 Business Park Drive, Temecula, California 92590. Should litigation be necessary to enforce the rights of either party pursuant to this Note, the prevailing party in such litigation shall be entitled to recover its costs together with reasonable attorneys fees. TEMECULA REDEVELOPMENT AGENCY By: J. Sal Mu~oz, Chairperson ATTEST: June S. Greek, City Clerk/Secretary RESOLUTION NO. 92- A RESOLUTION OF THE CITY OF TEMECULA APPROVING AN ADVANCE PROM THE GENERAL FUND REVOLVING FUND TO THE IIRDEVELOP1M~NT AGENCY OF THE CITY OF TEMECULA FOR ACQUISITION OF PROPERTY WEST OF DIAZ ROAD AND SOUTH OF CHERRY STREET WtIF~REAS, the Redevelopment Agency of the City of Temecula ("Agency") desires to purchase a 40 acre parcel of land located west of Diaz Road and South of Cherry Street; and WHEREAS, it is necessary to approve an increase in the Redevelopment Agency Revolving Fund in the amount of $2,000,000 to allow an advance of $3,484,000 to accomplish this acquisition; and WtIF~REAS, expenditures of monies from the Redevelopment Revolving Fund may be approved by resolution of the City by a majority vote for the acquisition of real property in any project area pursuant to Health and Safety Code Section 33622; NOW, THEREFORE, THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That an advance in the amount of $2,000,000 is approved from the General Fund Revolving Fund to increase the Redevelopmerit Agency Revolving Fund to $4,000,000. Section 2. That an advance of $3,484,000 from the Redevelopment Agency Revolving Fund is approved for acquisition of 40 acres of property west of Diaz Road and South of Cherry Street. Section 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED, this 14th day of April, 1992. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, City Clerk [SEAL] 2/r~o~/249 -1- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I June S. Greek, City Clerk of the City of Temez:ula, HEREBY DO CERTIFY that the foregoing Resolution No. 92- was duly ,adopted at a regular meeting of the City Council of the City of Temecula on the 14th day of April, 1992, by the following roll call vote: COUNCILMEMBERS: NOES: COUNCK, MEMBERS: COUNCILMEMBERS: June S. Greek, City Clerk 2/reso~/249 -2- RESOLUTION NO. 92- A RESOLUTION OF THE CITY OF TEMECULA APPROVING AN ADVANCE FROM THE REVOLVING FUND TO THE REDEVELO~ AGENCY OF THE CITY OF TEMECULA FOR ACQUISITION OF PROPERTY WEST OF DIAZ ROAD AND SOUTH OF CHERRY STREET WHEREAS, the Redevelopment Agency of the City of Temecula ("Agency") desires to purchase a 40 acre parcel of land located west of Diaz Road and South of Cherry Street; and WHEREAS, it is necessary to approve an increase in the Redevelopment Agency Revolving Fund in the mount of $2,000,000 to allow an advance of $3,484,000 to accomplish this acquisition; and WHEREAS, expenditures of monies from the Redevelopment Revolving Fund may be approved by resolution of the City by a majority vote for the acquisition of real property in any project area pursuant to Health and Safety Code Section 33622; NOW, THEREFORE, THE CITY OF EMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That an advance in the amount of $2,000,000 is approved from the Revolving Fund to increase the Redevelopment Agency Revolving Fund to $4,000,000. Section 2. That an advance of $3,484,000 from the Redevelopment Agency Revolving Fund is approved for acquisition of 40 acres of property west of Diaz Road and South of Cherry SWeet. Section 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED, this 14th day of April, 1992. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, City Clerk [SEAL] 2/r~so~/249 -1- STATE OF CALIFORNIA) ,COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I June S. Greek, City Clerk of the City of Temecula, I-~J~RY DO CERTIFY that the foregoing Resolution No. 92- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 14th day of April, 1992, by the following roll call vote: COUNCILMEMBERS: NOES: COUNCILMEMBERS: COUNCILMEMBERS: June S. Greek, City Clerk 2Iresos/249 -2- TEMECULA COMMUNITY o SERVICES DISTRICT AGENDA ITEM MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD MARCH 24, 1992 A regular meeting of the Temecula Community Services District was called to order at 8:08 PRESENT: 5 DIRECTORS: PM. Birdsall, Lindemans, Moore, Muf~oz, Parks ABSENT: 0 DIRECTORS: None Also present were City Manager David F. Dixon, City Attorney Scott F. Field and June S. Greek, City Clerk. PUBLIC COMMENTS None given· CONSENT CALENDAR It was moved by Director Birdsall, seconded by Director Moore to approve Consent Calendar Items I and 2. The motion was carried by the following vote: AYES: 5 DIRECTORS: Birdsall, Lindemans, Moore, Muf~oz, Parks NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None Minutes 1.1 Approve the minutes of March 10, 1992. Notice of Completion - Rancho California Soorts Park Restroom/Snack Bar Project 2.1 Accept Rancho California Sports Park Restroom/Snack Bar Project as 100% complete· 2.2 Authorize final retention payment to Mahr Construction, Contract No. 91-006, to be released pursuant to Section 9-3.1 of the Standard Specifications for Public Works construction. 2.3 Authorize recordation of the Notice of Completion· -1- Minutes/032492 03130/92 CSD Minutes March 24.1992 GENERAL MANAGER'S REPORT None given. COMMUNITY SERVICES DIRECTOR REPORT None given. CITY ATTORNEY REPORT None given. DIRECTORS RrPORTS None given. ADJOURNMENT It was moved by Director Moore, seconded by Director Lindemans to adjourn at 8:10 PM. The motion was unanimously carried. ATTEST: June S. Greek, TCSD Secretary Ronald J. Parks, President Minutee/O32492 -2- O3/30192 ITEM 2 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: BOARD OF DIRECTORS FROM: DAVID F. DIXON DATE: APRIL 14,1992 SUBJECT: PARKS AND RECREATION MASTER PLAN PREPARED BY: SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR RECOMMENDATION: That the Board of Directors: Receive and File. DISCUSSION: Two community workshops concerning the Parks and Recreation Master Plan were held at Vail Elementary School. Input was received concerning land acquisition, park facility development, bikeways and trails, and operations and funding sources. In addition, a telephone survey with approximately four hundred residents was conducted to receive additional input concerning recreation programs and facilities in the City of Temecula. The input derived from the community workshops and the telephone survey will be an integral part in the development of the first draft of the Parks and Recreation Master Plan. The completed Master Plan will explain the purpose of the planning document, evaluate the existing parks and facilities within the City, assess the community recreation needs, create park facility standards and develop an implementation plan that addresses service areas, future needs, park standards and operation and maintenance costs, A Parks and Recreation Master Plan Committee was formed with representatives from the City Council, Parks and Recreation Commission, and community members. It is expected that the committee will review the first draft of the Parks and Recreation Master Plan by the end of April. The Master Plan will then be reviewed by the Parks and Recreation Commission, Planning Commission, and the Traffic and Transportation Commission before final approval by the City Council. It is planned that the City Council will review the Master Plan for approval in July, 1992. I a'.agend~'urastplan. O01 031892 ITEM 3 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: BOARD OF DIRECTORS FROM: DAVID F. DIXON DATE: APRIL 14,1992 SUBJECT: STATUS REPORT ON SPORTS PARK IMPROVEMENTS PREPARED BY: SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR RECOMMENDATION: That the Board of Directors: Receive and File. DISCUSSION: Eighteen (18) trees and the required irrigation improvements have already been installed to the playground area in the Rancho California Sports Park. The trees are the twenty-four gallon size and are approximately fifteen to twenty feet in height. These trees will eventually grow to forty feet in height and provide a long term solution in providing shade to the playground areas. Until the trees are fully grown, staff will provide temporary canopies for shading during the hot summer months. The irrigation system used for the trees was designed to expand the grass areas around the playgrounds at a future date. Staff is now in the process of obtaining quotes to install the required irrigation and hydroseed to plant grass around the playground areas. Depending on final costs, staff would like to proceed with these improvements by June 30, 1992. A joint City Council/Parks and Recreation Commission meeting is tentatively scheduled for April 9, to discuss the Community Recreation Center (CRC) project. The intent of this meeting is to form a consensus concerning the floor plan of the CRC, community pool, amphitheater, and required parking for the project. Once a consensus is reached, final schematic drawings will be reviewed by the Parks and Recreation Commission and Planning Commission. Approval of the final schematic design will be considered by the City Council on May 26, 1992. la~X~9. ttPtk'001 031892 TEMECULA REDEVELOPMENT AGENCY AGENDA ITEM NO. 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY HELD MARCH 24, 1992 A regular meeting of the Temecula Redevelopment Agency was called to order at 8:10 PM. PRESENT: 5 ABSENT: 0 AGENCY MEMBERS: Birdsall, Lindemans, Moore, Parks, Mu~oz AGENCY MEMBERS: None Also present were Executive Director David F. Dixon, General Counsel Scott F. Field and Agency Secretary June S. Greek. PUBLIC COMMI=NTS None given. AGENCY BUSINESS 1. Minutes It was moved by Member Parks, seconded by Member Moore to approve the minutes of March 10, 1992. The motion was unanimously carried. EXECUTIVE DIRECTOR'S REPORT Executive Director Dixon stated he has sent the Agency Members a copy of a matrix that outlines development incentives. He requested the members forward comments to him to be included in an official policy. Executive Director Dixon also reported that he and the City Clerk are reviewing applications for the Old Town Advisory Board and will present a report in the next two to three weeks. GENERAL COUNSEL'S REPORT None given. AGENCY MEMBERS REPORTS Agency Member Birdsall requested that consideration of a loan to the Boys and Girls Club for relocation of temporary buildings be placed on the next RDA agenda. 4~RD~2492 -1- 03/30/92 Temecula RedsvdOpment Agep~ M'mutes March 24. 1992 Agency Member Parks requested a report from staff addressing the RDA Old Town Advisory Committee and the manner in which the expenditure of RDA funds is to be considered by this committee. ADJOURNMI:NT It was moved by Agency Member Moore, seconded by Agency Member Parks to adjourn at 9:15 PM. J. Sal Mufioz, Chairperson ATTEST: June S. Greek, City Clerk/Agency Secretary /~PPROVAT. CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT TO: Redevelopment Agency FROM: Executive Director DATE: April 14, 1992 SUBJECT: Selection - Old Town Advisory Committee PREPARED BY: June Greek, Agency Secretary/City Clerk RECOMMENDATION: Select seven members to serve as members of the Redevelopment Old Town Advisory Committee. BACKGROUND: At the direction of the Agency, staff re-advertised to invite applications to the Old Town Redevelopment Advisory Committee during the month of March. This series of advertisements resulted in the receipt of 11 applications for positions on this committee. All but one of the applicants is qualified either as a resident, owner and/or operator of a business entity which has its principal place of business located in Old Town. The City Attorney has ruled that a business entity can be a "for" or "not for profit" corporation. He has also ruled that the members of the Board of Directors of the Old Town Merchants Association, the Temecula Town Association and the Temecula Museum Foundation are the operators of those non-profit corporations. Attached for your review are the applications of the following qualified individuals: Susie Bridges - Businesswoman - Board Member of the Temecula Town Assn. Chuck Cena - Owner - Flower Corral Florist in Old Town Dallas A. Gray - Businessman - Board Member of Old Town Merchants Assn. Robert L. Hemme - Businessman - Board Member of Temecula Town Assn. Charles Jenkins - Carpenter - Resident of Old Town Nancy J. Maurice - Businesswomen - Board Member of the Temecula Museum Constance Pelonero o Artist - Resident of Old Town William Perry - Architect - Offices in Old Town Bonnie K. Reed - Owner - Antiques and Collectibles in Old Town Ron Walton - Owner - Texas Lil's Restaurant in Old Town Foundation. Ageride Report April 14, 1992 Selection of Old Town Advisory Committee Page 2. We also received an application from Robert "Bob" Taylor, a retiree who serves as Official Old Town Greeter. Mr Taylor does not qualify under the provisions of the stipulated judgement because he does not own or operate e business or live in Old Town. Should members of the Agency wish, you also have the option available to nominate qualified candidates who have not formally applied. ATTACHMENTS: Applications: Bridges, Susie Cane, Chuck Gray, Dallas Hemme, Robert Jenkins, Charles Maurice, Nancy Pelonero, Constance Perry, William Reed, Bonnis Walton, Ron Taylor, Robert JSG M4R, 0 9 f992 March 6, I 992 David Dixon, City Manager City of Temecula 43174 Business Park Dr. Temecula, Ca. 92590 Dear David, The Temecula Town Association has appointed Susie Bridges, a Director and Treasurer as our applicant for appointment to Redevelopment Old Town Advisory Committee. The Temecula Town Association is the owner/ operator of a not-for-profit business within the Old Town Redevelopment Sub Area 2. Thank you for considering her application. Sincerely, William A. Harker General Manager WAH/TTA P.O. Box 435 Temecula, CA 92593 (714) 676-4718 Fax (714) 694-9216 Temecula Community Center 28816 Pujol Street Temecula, CA 92590 CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO REDEVELOPMENT OLD COMMITTEE MAR 101~.,~ TOWN~DVISORY Qualification Requirement: Resident of City of Temecula Old Town Area or Owner/Operator of a Business within the Old Town Redevelopment Sub Area 2. CAPACITY IN WHICH YOU WISH TO SERVE: Elected x Appointed X Susie Bridqes NAME: (714) 676-2941 HOME PHONE: l:tn~?-rt M~mh~T nf q~;,m~.,la T~wn OCCUPATION: 2881 6 Pujol St., Temecula, Ca. EMPLOYER/ADDRESS: EDUCATIONAL BACKGROUND/DEGREES: A.A. - BUSINESS ADMINISTRATION I 3 Years YEARS RESIDENT OF TEMECULA: ( 714 ) 676-2226 WORK PHONE: A~oci ~ti on 92590 LIST ANY RIVERSIDE COUNTY OR OTHER CITY COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR OF SERVICE: CITY OF TEMECULA - Seal Selection Committee and Parade Permit Committee ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): Temecula Town Association, Temecula Chamber of Commerce ~na Ranchn Tempc,]~ T.ionesseS BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): I've served on original Redevelopment l~dvisory Board. I am familiar with the Temecula Historical Overlay. Worked with Temecula Town Association to preserve and maintain Circa 1890 for Old Town. Owned own Retail (over) I understand that any or all information on this form may be verified. I consent to the release of this information for publicity purposes. SIGNATURE.'~ j~c~ DATE: March 6, 1992 PLEASE NOTE: Applications will be kept on file for consideration of future vacancies. Return to: City Clerk's Office, 43172 Business Park Drive, Temecula, CA 92'390 (714) 694-1989 2/form$1COM-O04 Business for 15 years and am fBmiliar w~th the needs of the small business person. CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO REDEVELOPMENT OLD TOWN ADVISORY COMMITTEE Qualification Requirement: Resident of City of Temecula Old Town Area or Owner/Operator of a Business within the Old Town Redevdopment Sub Area 2. · CAPACITY'IN WHICH YOU WISH TO SERVE: Elected Appointed .Cb/Uc/c NAME: HOME PHONE: OCCUPATION: YEARS RESIDENT OF TEMECULA: EMPLOYER/ADDRESS: EDUCATIONAL BACKGROUND/DEGREES: LIST ANY RIVERSIDE COUNTY OR OTHER CITY ICH YOU HAVE SERVED AND THE YEAR OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use add~ional paper necessa~): I understand that any or all information on this form may be verified. I consent to the release of this information for publicity purposes. SIGNATURE: DATE: g2_ ~/C_~ c~'/ ~ ~-~-ol P~SE NOTE: w~l be kept ~ f~e for considerati~ of ~Nre vac~cies. ReNm to: C~ Clerk's Office, 43172 Business Park Drive, Temecul; .; CA 92390 (714) 694-1989 21forme/COM-OO4 CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO REDEVELOPMENT OLD-TOWN ADVISORY COMMITFEE Qualification Requirement: Resident of City of Temecula Old Town Area or Owner/Operator of · Busineu within the Old Town Redevalopment Sub Area 2. CAPACITY IN WHICH YOU WISH' TO SERVE: Elected Appointed XX, NAME: DALLAS A. GRAY YEARS RESIDENT OF TEMECULA: 15 HOME PHONE: (714) 699-5051 WORK PHONE: (714) 676-4124 OCCUPATION: Businessman EMPLOYER/ADDRESS: RANC~ TEMEGEA ESCR3W; CHAPARRAL CENTER; CHAPARRAL ANTIQUE MALL; 28465 Front Street, Temecula, CA 92590 EDUCATIONAL BACKGROUND/DEGREES: Artended San Diego public schools, graduating from high school in 1962. Artended San Diego State College and received a B. S. Degree in Busbass Management in 1967. LIST ANY RIVERSIDE COUNTY OR OTHER CITY COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR OF SERVICE: Old Town Historical Overlay emmittee, 1990-1991 Director-Rarcho California Water District, 1982-1987 ORGANIZATIONS TO WHICH YOU BELONG: (Professio.al, technic .~community. service): Tenecula To,in Association, Old Town Merchants Association, Temecula Chamber of Camerce, Riverside County Escrow Association BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC IUse additional paper if necessary): I have been a strong supporter of Historic Old Town through my involvement in the Temecula Historical Society, tba Historical Overlay Ccmnittee and my own building oonstnEtions, and have a great desire to see Old Tc~n preserved and enhanced. My own business experience and my past involvement with the water district gives my the knowledge and tools to be an asset to this ccemit~. SIGNAiUjE: DATE: September 27, 1991 2/forrt~/COM-OO4 CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO REDEVELOPBENT OLD TOWN ADVISORY COMMITTEE Qualification Requirement: Resident of City of Ternecula Old Town Area or Owner/Operator of a Business within the Old Town Redevelopment Sub Area 2. CAPACITY IN,~/HICH YOU WISH TO SERVE: Elected Appointed NAME: HOME PHONE: OCCUPATION: YEARS RESIDENT OF TEMECULA: WORK PHONE: EDUCATIONAL BACKGROUND/DEGREES: LIST ANY RIVERSIDE COUNTY OR OTHER CITY COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR OF SERVICE: : r sin , i , ' ice): q '. , ~ ~ ..~ ~,. ~-~ ~ ~ Z ~. , . BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use addMortal paper "'"""~: ~ ~ ~ Z~'-- ,'-~ ~/~/ ~ ,'~Z / D ~ ~,~ ~ I understand ~at any or dl bfo~ati~ on ~i~ form may be verified. I cons~t to ~e release of ~is ~formation for public~ purposes. ~ ~ ~' ~ SIGNATURE:,, ~ , ~ _ DATE: ~ / t ' 9 / PL~SE NOTE: ~plications wMI be kept ~ f~e for consideration of ~mre vac~cbs, ReNm to: C~ Clerk's Office, 43172 ~s~ess Park Drive, Temecula, CA 9239(' (714) 6~49~ 2/fon'~elCOM-O04 CITY OF TEMECULA ,i ~'l ' APPLICATION FOR APPOINTMENT TO REDEVELOPM ENT OLD T COMMITTEE Qualifmation Requirement: Resident of City of Temecula Old Town Area or Owner/Operator of · Business within the Old Town Redevelopmerit Sub Area 2. CAPACITY IN WHICH YOU WISH TO SERVE: Elected /~p~) Appointed NAME: He PHONE: OCCUPATION: EMPLOYER/ADDRESS: EDUCATIONAL BACKGROUND/DEGREES: YEARS RESIDENT OF TEMECULA: WORK PHONE: LIST ANY RIVERSIDE COUNTY OR OTHER CITY COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): I understand that any or all information on this form may be verified. I consent to the release of this information for publicity purposes. Return to: City Clerk's Office, Park Drive, Temecula, CA 92390 (714) 694-1989 2/forms/COM-O04 ~ CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO REDEVELOPMENT OLD TOWN ADVISORY COMMITTEE Qualification Requirement: Resident of City of Temecula Old Town Area or Owner/Operator of a Business within the Old Town Redevaloprnent Sub Area 2. CAPACITY IN WHICH YOU WISH TO SERVE: Elected , Appointed yyyy Nancy J. Maurice NAME: (714) 676-6685 HOME PHONE: ~nmmp~'r'iR1 P~"inl-p'r OCCUPATION: 42327 Rio Nedo Ave.. Suite B. EMPLOYER/ADDRESS: HiRh School Graduate plue 2 EDUCATIONAL BACKGROUND/DEGREES: 46 YEARS RESIDENT OF TEMECULA: (714) 676-1871 WORK PHONE: Temecula. CA 92590 years of college, Business & Journalism LIST ANY RIVERSIDE COUNTY OR OTHER CITY COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR OF SERVICE: General Plan Technical Subcommittee, Community Design· 1992 i-~ o o ::::1 ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, aervice): ~ Temecula Valley Chamber of Commerce Temecula Museum Foundation ~ Temecula-Murrieta EDC, Printing Tndustries o£ America, Tem. Valley= BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU> BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC {Use additional paper if~ necessary): ~ O Temecula is my home, and has been £or a very long time. Z love the ~, community and its people. My Father was the community historian 1962=- 1979. T have ~aken up h~s mission to attempt to preserve the per- ~. O sonna o£ the vaZley in conjunction with the constant growth and change.= I understand that any or all information on this form may be verified. I consent to the release of this information for publicity purposes. SIGNATURE: DATE: Mar. 20, 1992 PLEASE NOTE: Applications will be kept on file for consideration of future vacancies. Return to: City Clerk's Office, 43172 Business Park Drive, Temecula, CA 92390 {714) 694-1989 2/formelCOM-OO4 CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO REDEVELOPMENT OLD-TOWN ADVISORY COMMITFEE Qualification Requirement: Resident of City of Temecula Old Town Area or Owner/Operator of a Business within the Old Town Redevelopment Sub Area 2. CAPACITY IN WHICH YOU WISH TO SERVE: /~/ Elected Appointed C~A) </~/v~'~. ~/r~J ~-'~R o // NAME: (~'~- 3-~,,~,k, -'~.~,. YEARS RESIDENT a~ I~o OF TEMECULA: HOME PHONE:/~/~77,s~//~/,/.//~c/tT~~,~~' PHONE: OCCUPATION: ' ';P'/,,~'~'~ Sb,'T/,'~,,,:~<z,7_(;',(///-,~ EMPLOYER/ADDRESS: EDUCATIONAL BACKGROUND/DEGREES: LIST ANY RIVERSIDE COUNTY OR OT|';ER CITY COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (ProfessionS, techniC, community, ~e~ice): BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): ,,~1,~ h ,~-~,~o 7'/~,~'/q~'~,,~E,~/' ~/"' ~D ~,~ 7~J~ Z ~ ~,~=~ SIGNATURE: /' t >; DATE:/_G ""r-~/' PL E;;Z/PP;li'c~ ~;~11 ~ kept on fie for consideration of future vacancies. Return to: City Clerk's Office, 43172 Business Park Drive, Temecula, CA 92390 (714I 694-1989 2/form~/COM-004 CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO REDEVELOPMENT OLD TOWN ADVISORY COMMITTEE Sub Area 2. CAPACITY IN WHICH YOU WISH TO SERVE: Elected ~ Appointed NAME: HOME PHONE: OCC~N:.q-I T"Z---'T_--T' - YEARS RESIDENT OF TEMECULA: I~-~-- i~IL~! OU HAVE SERVED AND THE YEAR Q SERVICE: _ ~~ ELIWE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Us~ addffional paper i~~. T~ ~!~ ~ ~~T~w k ~~p~ I understand ~ ~y or all ~formation ~ ~i form may be verffied. I consent to ~e release of ~is informsion for public~ ~rposes. RetumPto:LE~ity Clerk's Office, 43172 Businasst~a~r~e, Temecula, CA 92390 (714) 694-1989 2/fo~nslCOM-O04 CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO REDEVELOPMENT OLD TOWN ADVISORY COMMITTEE - Qualification Requirement: Resident of City of Temecula Old Town Am or Owner/Operator of a Business within the Old Town Redevelopment Sub Area 2, . CAPACITY' IN WHICH YOU WISH TO SERVE: Bected Appointed .Bnnn e, kl NAME: tz, lq 044-Lt(z, Hq HOME PHONE: OCCUPATION: EMPLOYER/ADDRESS: YEARS RESIDENT WORK PHONE: EDUCATIONAL BACKGROUND/DEGREES: LIST ANY RIVERSIDE COUNTY OR OTHER CITY COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, ~ervice): BRIEFLY STATE WHY Y(JU Wlll-i TO SERVE ON THi& COMMISSION, Ar';D WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): "I: hCLO~ k3~e. Ft In 01d ~bccn '~h~,,~-t dG~/prlDr" +D "HG~.., Fg-J~UBIOprY1~.FLT' O_~nt.~met:~ v'n~.z--~l.~' pr,rr~,.,i,~ ~;+t> 'q-v',e_ prF,~2,,.ZL+[cn r._.A Oir,~lbu,.;,3 t'~%-lev'-~,,',~j I understand that any or all information on this form may be verified, I consent to ~e release of this information for publicity purposes, ill · for consideration of future vacancies. Retum to: City Clerk's Office, 43172 Business Pad; Drive, Temecula, CA 92390 (714) 694-1989 2/formelCOM-O04 CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO REDEVELOPMENT OLD TOWN ADVISORY COMMITTEE Qualification Requirement: Resident of City of Temecula Old Town Area or Owner/Operator of a Business within the Old Town Redevelopment Sub Area 2. CAPACITY IN WHICH YOU WISH TO SERVE: Elected X OR Appointed X NAME: YEARS RESIDENT 3 YEARS RESIDENT RON WALTON OF TEMECULA: 4 YEARS BUSINESS HOME PHONE: (714) 694-0324 WORK PHONE: OCCUPATION: OWNER - TEXAS LIL'S MESQUITE GRILL AND BOTTOMLINE EMPLOYER/ADDRESS: 26605 MADISON AVE., MURRIETA, CA 92562 EDUCATIONAL BACKGROUND/DEGREES: 2 YEARS COLLEGE COURSES IN RESTAURANT MANAGEMENT & REAL ESTATE. (714) 677-3345 BUSINESS BROKERS LIST ANY RIVERSIDE COUNTY OR OTHER CITY COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR OF SERVICE: NONE ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): OTTMA - OLD TOWN TEMECULA MERCHANTS ASSOCIATION TEMECULA CHAMBER OF COMMERCE; RANCHO/'TEMECULA/MURRIETA BOARD OF REALTORS BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): SEE ATTACHED · ~ p~r~of:;~. may be verified. I consent to the release of this PLEASE NOTE: Applications will be kept on fie for consideration of future vacancies. Return to: City Clerk's Office, 43172 Business Park Drive, Ten.,.~cula, CA 92390 (714) 694-1989 2/fonnslCOM-O04 RON WALTON APPLICATION FOR APPOINTMENT TO REDEVELOPMENT OLD TOWN ADVISORY COMMITTEE I am a strong advocate for the preservation and restoration of the Old Town historical area. Having been in business in Old Town for over four (4) years, I have an appreciation for the value that Old Town can bring to the greater Temecula area, both in tourism and the exposure of the area to potential employers and/or residents. I am sensitive to the issues that need to be addressed to create a harmonious environment for the longtime local resident, development of vacant properties, and the local merchants. APPLICATION FOR APPOINTMENT TO REDEVELOPMENT OLD TOWN ADVISORY COMMITTEE Qualification Requirement: Resident of City of Temecula Old Town Area or Owner/Operator of a Business within 1he Old Town Redevelopment Sub Area 2. CAPACITY JN WHICH YOU WISH TO SERVE: Bected /-/ O,~,~ Appointed NAME: YEARS RESIDENT '~_/~-,~7"..~.B" ~ ~J..~./~. OFTEMECULA: HOME PHONE: WORK PHONE: EMPLOYER/ADDRESS: EDUCATIONAL BACKGROUND/DEGREES: HIGH ScHooL Book ~,o~ ~ 50 YeA~ LIST ANY RIVERSIDE COUNTY OR OTHER CITY COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR OF SERVICE: SAR~'~NT IEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary):] K~O~ TH ~ H I 5~o~ ~ 0 f T~eCU ~ ~ ] ] ALrVE. KNo~ every HoLe. J ~V{ PLAN5 ~ CoNcepTs To ~ Ke o~D ~ i-~ TD~)cA L / C U LTU~ t ~ e N T~/N~ {'NT ceNTe~ I understand that any or all ~formation on ~is form may be ver~ied. I consent to ~e release of information for publicity purposes. PLEASE NOTE: Applications will for consideration of future vacancies. Return to: City Clerk's Office, 43172 Business Park Drive, Temecula, CA 92390 1714l 694-1989 ITEM 3 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Redevelopment Agency Members Scott F. Field April 14, 1992 Old Town Redevelopment Advisory Committee RECOMMENDATION: Receive and file report. DISCUSSION: This report is in response to the request of Member Parks for a summary of the responsibilities of the Old Town Redevelopment Advisory Committee. The Stipulated Judgment settling the Redevelopment litigation included a provision requiring the Agency to establish the Old Town Redevelopment Advisory Committee. (A copy of the relevant provisions of the Judgment is attached.) The Advisory Committee consists of seven members who are either residents of the Old Town area, or own or operate a business which has its principal place of business within the boundaries of Old Town. For purposes of the Advisory Committee, the boundaries of Old Town are those contained in the attached Map. Of the seven members, four are elected, and three are appointed by the Agency. The Executive Director of the Agency also serves as Executive Director to the Committee. The Committee may request that the Agency authorize additional staffing, but the decision of the Agency whether to provide such staffing is left solely to the discretion of the Agency. Any proposed redevelopment action undertaken within the area of Old Town shall, prior to any final action by the Redevelopment Agency, be submitted to the Advisory Committee for its review and comment. The City Clerk who will serve as Executive Secretary to the Committee, shall call a meeting within thirty days following submission of materials to the Committee. The Committee may then review the materials and provide a written report to the Council within the thirty day period. The Report of the Committee is then submitted to the Agency as part of the Staff Report for consideration and approval of the proposed action. The Agency and City Council must consider the Report, but the final decision is left to the sole discretion of the City Council and Agency Board. ITEM 4 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY REDEVEL OPMENT A GENC Y A GENDA REPORT Redevelopment Agency Members David F. Dixon April 14, 1992 Agreement to Purchase Property RECOMMENDATION: It is recommended that the Redevelopment Agency Members (1) authorize the opening of escrow on property west of Diaz Road and south of Cherry Street and authorize the purchase of 40 acres of property with a right of first refusal on an additional 17 acres. The total purchase price is $3,484,800 which is $2 per square foot. It is further recommended that you (2) authorize the City Manager and City Attorney to handle and finalize the transaction and acquisition, (3) appropriate $3,484,800 for RDA land acquisition, and (4) authorize an advance of $3,484,000 from the General Fund revolving fund which will be repaid from RDA bond proceeds. STAFF REPORT: For many years there has been a need in this area to establish a permanent location for major events (i.e., the tractor race, rodeo, and similar activities). Since incorporation, the City has been acquiring strategically located properties to expand our park system. We have been successful in obtaining specific properties over the past two years. Recently we started negotiations on a 100 acre parcel of property in the northwest part of the community, specifically located west of Diaz Road and south of Cherry Street. We have determined that 57 of the 100 acres would be desirable for a major park facility. With the attached agreement we are seeking authorization to purchase 40 acres now with a right of first refusal on an additional 17 acres. The property has been appraised and the City is purchasing the property under appraisal value. The property will be used as a major recreation facility with active sports facilities. It will also be designed to host major community events such as the tractor race, Agenda Report - Property Purchase April 14, 1992 Page 2 sanctioned rodeos, andother similar activities. Development of this major recreation project will help diversify the City's park development program and will benefit current and future residents of the community. FINANCIAL IMPACT: The purchase price for the 40 acres is $2 per square foot or $3,484,800, whichever is less. It is necessary to appropriate $3,484,800 for RDA land acquisition and authorize an advance from the General Fund revolving fund which will be repaid from bond proceeds. The purchase agreement has been reviewed by the Finance Department. · Land · Groves · Industrial Dendy Real Estate Investment Co., Inc. MARCH 30, 1992 CITY OF TEMECULA MR. DAVID F. DIXON 43174 Business Park Drive Temecula, CA 92590 P.O. Box 460160 Escondido, CA 92046-0160 (0191 749-8221 FAX (619) 7496235 This attachment ise for information only. A final agreement will be attached to the Agenda Report when the Council packets go out. Dear David, Enclosed please find a copy of t~e Draft of Agreement for Acquisition of Real Property. Please note that I have made some minor changes. As I have discussed with you prior I must close escrow by April 26, 1992 in order for this price to be good. I'm submitting all other information to Escrow and am in a position to close as soon as you get Permission from the City Council. If I can be of any help please don't hesitate to call me. · cerely, '/"'~endy~/~G' ~/',,/./"'~ B3D/pa Enclosure AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND ESCROW INSTRUCTIONS FOR AN APPROXIMATELY 57 ACRE SITE WEST OF DIAZ ROAD, SOUTH OF CHERRY STREET, TEMECULA, CALIFORNIA THIS AGREEMENT. is entered into this 'if"-" · day of ~ (-C, ~ , .1992, by and between City of Temecula, a municipal corporation formed under the laws of California, or Assignee ("Buyer"), and 50 Center City Associates, a California limited partnership ("Seller"). IT IS HEREBY MUTU~T.T.Y AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. AGREEM~NT TO S~T.T. AND PURCHASe. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, upon the terms and for the consideration set forth in this agreement, all that certain real property and fixtures commonly'known as the ~.. W~t Forty (40) acres of the Fifty-seven (57) acre site West of Diaz Road and South of Cherry Street, Temecula, California (hereinafter referred to as "Parcel A") and legally described in , Exhibit B, attached hereto. 2. PURCHASE PRICE. The total purchase price for Pa[cel A i. -~ ("Purchase Price") shall be the sum of $2.00 per square fo6t/or Three Million, Four Hundred Eighty-Four Thousand, Eight Hundred Dollars ($3,484,S00), whichever is less. The Purchase Price shall be paid in cash at close of escrow. 3. CONV~.YANCE OF TITLE. Seller agrees to convey by grant deed ("Grant Deed") to Buyer marketable fee simple title to Parcel A free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases and taxes, subject only to those exceptions approved in writing by Buyer. 4. TTTT.~ TNSUR~NC~ .POT.TCy. Escrow Agent (as defined below) shall, concurrently with the recording of the Grant Deed to Buyer, provide Buyer with a standard formALTA Owner,s Policy of Title Insurance in the amount of the Purchase Price issued by ~ .... \'T'~" "' q; T~tle Insurance Company (- 'i~. Titles), showing the title to Parcel A vested in Buyer and insuring against any and all Mechanics, and Materialmen,s liens now or hereafter filed against Parcel A relating to work performed or materials delivered to Parcel A before Close of Escrow, subject only to the exceptions approved by Buyer pursuant to Paragraph 3. 5. ~SCROW. Buyer and Seller agree to open an escrow in accordance with this Agreement ate"" " = T~'n, :.:=" i'~ ..... i; ("Escrow Agent"). This Agreement, together with such standard provisions as may be required by the Escrow Agent, constitutes the joint escrow instructions of Buyer and Seller, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts reasonably necessary to close this escrow. 6. D~POSTT. Buyer will deliver to escrow a deposit of Ten Thousand Dollars ($10,000.00) by check upon opening of Escrow to apply to the Purchase Price. 7. DOCUMENTS SUPPLIED BY SET.T.ER. Promptly after'the opening of escrow, Seller, at Seller's expense, shall furnish Buyer with the following: dy/l lOT2~TL,,a:m (3-23-92) - 2 - (a) A Preliminary Title Repor~ on Parcel A issued by Title together with copies of all Exceptions to Title set forth in such Report ("PTR"). (b) Original of all leases affecting Parcel A (,,Leasean). '("".;3 .... (c) An Assignment of Leases and Security Deposits, duly executed by Seller assigning to Buyer all of Seller's right, title and interest, as lessor, under all of the Leases including a cash transfer of all security deposits and prepaid rents ("Assignment of Leases and Security Deposits"). 'C'.iTM 4TM (d) Copies of all contracts, agreements, understandings end commitments, affecting any part of Parcel A. (e) All plans, specifications, as-built drawings (collectively, the "Plans") and any other information or documents in possession or control or available to Seller relating to the design and physical characteristics of Parcel A, and all permits relating to the operation of Parcel A ~'~ i, (sintangible Property"). (f) Seller shall deliver to Buyer Mechanics' Lien releases in form satisfactory t~ Buyer signed by each person who has provided labor or material to or on Parcel A within the ninety (90) day period prior to Close of Escrow. ~ } '~ 8. CONDTTIONS PRECEDENT TO CONSUMMATION OF SALE. Buyer's obligation to complete the purchase hereunder is conditional upon the following: (a) approval by Buyer of the PTR; if Buyer shall disapprove or conditionally approve any item in the PTR, Seller shall, within fifteen (15) calendar days of receipt of such disapproval or conditional approval, advise Buyer in writing whether or not Sel'ler shall cause to be eliminated any such disapproved item or items~ if Seller elects to eliminate such disapproved item or items,. the escrow shall remain open; if Seller elects not to eliminate such item or items, the escrow shall be cancelled upon written notice from Seller to escrow; upon such termination, thereafter neither Buyer nor Seller shall have any further liability hereunder, except that Buyer shall be entitled to the prompt return of all funds deposited by Buyer with Escrow Agent; (b) approval by Buyer of Leases, including any new Leases entered into during the escrow period. (c) Buyer obtaining and approving a Phase I Environmental Report for Parcel A which will be paid for by Seller; .~ .-. .-- 2- '~ ._ ' "~ = ~/?-/.:j ~. (d) performance by Seller, on or before the applicable time deadline, of each and all 'of its obligations pursuant to this Agreement; (e) receipt and approval by Buyer of all documents listed under paragraph 7 hereof; ' .. (f) the truth of each and every warranty and representation made by Seller in this Agreement as of the date of execution thereof and as of the Closing Date; DRAFT (g) on the Closing Date, Title shall be ready, willing and able to issue to Buyer (or other entity selected by Buyer at least three (3) days prior to the Closing) its standard form ALTAOwner's Policy of Title Insurance insuring Buyer in the amount of ~he Purchase Price that good and marketable title to Parcel A is vested in Buyer subject only to the exceptions to title set forth inthe PTR; (h) no destruction, damage or loss of or to Parcel A having occurred on or before the Closing Date from any cause or casualty whatsoever; (i) at any time or times before the Closing Date, Buyer may be allowed to inspect, and approve, in Buyer's sole and absolute discretion, Parcel A and to make any investigations Buyer or'U-:,'- i"~.-- ..'Title may desire with respect to the physical condition of ParCel A or any other aspect of Parcel A, including, without limitation, the environmental condition of Parcel A, the condition of title to Parcel A, and all matters related to compliance of Parcel A, with all applicable laws~ 9. LIOUIDATED DAMAGES. IN THE EVENT THAT SELLER SHALL HAVE PERFORMED ITS OBLIGATIONS PURSUANT TO ESCROW AS HEREIN PROVIDED, AND BUYER SHALL DEFAULT BY FAILING TO PAY THE PURCHASE PRICE AT CLOSE OF ESCROW THEN SELLER SHALL RETAIN THE TEN THOUSAND DOT.TARS ($10,000) DEPOSIT AS LIQUIDATED DAMAGE~, WHICH --' SUM THE PARTIES AGREE IS REASONABLE CONSIDERING ALL OF THE CIRCUMSTANCES EXISTING ON THE 'DATE OF THIS AGREEMENT, INCLUDING THE RELATIONSHIP OF THE SUM TO THE RANGE OF HARM TO SELLER THAT REASONABLY COULD.BE ANTICIPATED AND THE ANTICIPATION THAT PROOF OF ACTUAL DAMAGES COULD BE COSTLY OR INCONVENIENT. IN PLACING THEIR INITIALS AT THE PLACES PROVIDED, EACH PARTY SPECIFICALLY CONFIRMS THE OCCURRENCE OF THE STATEMENTS MADE ABOVE AND THE FACT THAT EACH PARTY WAS REPRESENTED BY COUNSEL WHO EXPLAINED THE CONSEQUENCES OF THIS LIQUIDATED DAMAGES PROVISION AT THE TIME THIS AGREENR~TWAS MADE. B~YER SELLER 10. NOTICES. All notices called for herein shall be in writing and shall be delivered to Seller, Buyer and Escrow Agent at the addresses set forth. in this document. Notices shall be deemed delivered two (2) days after first-class mailing, or one day after facsimile or personal service. 11. OP~NTNG AND C~OSTNG. (a) Escrow shall be deemed opened upon full execution of this Agreement. (b) Escrow Agent shall close escrow ("Close of Escrow") ~'/-,:~ ~- (; ) days after opening of escrow. (c) Seller shall deliver or cause to be delivered to Buyer through escrow: 1. The Grant Deed in proper form duly executed and in recordable form conveying to Buyer fee title to Parcel A, subject only to the exceptions approved by Buyer pursuant to ..- Paragraph 3 hereof. 2. Insurance issued by standard form ALTA Owner's Policy of Title ~, ~.--' ~... Title in the full amount of the dY/110~07IGR ~-23-~/) -- 6 -- Purchase Price insuring title vested in Buyer exceptions approved by Buyer pursuant to Paragraph 3 hereof. (d) Buyer shall deliver or cause to be delivered to Seller through escrow the Purchase Price as set forth in Paragraph 2. (e) Both parties shall execute and deliver through escrow any other documents or instruments which are reasonably necessary in order to consummate the purchase and sale of Parcel A. 12. ~P~S~FTATTONS AND WARRANTT~S OF SELL~T~. Seller hereby represents and warrants as follows: (a) Parcel A is free and clear of all liens, claims, enc-mhrances, easements, encroachments or rights of way of any nature whatsoever other than the matters set forth as exceptions in the PTR. (b) Until the Closing, Seller shall maintain Parcel A in its present condition, ordinary wear and tear excepted. (c) Seller has no knowledge of any order or directlye of any applicable Department of Building and Safety, Health Department or any other City, County, State or Federal authority, relating to Parcel A. (d) Seller has complied with, and has no knowledge of any pending, threatened or potential investigation, proaeedingor---" action (including legislative action) relating to the failure of Seller, or the improvements on Parcel A, to comply with, any and all statutes, laws, ordinances, regulations, rules and orders of subject only to the · governmentaZ authorities having or cZaiming jurisdiction relating to the ownership, operation and use of Parcel A and the construction, completion and occupancy of improvements thereon including, but not limited to, compliance with any and all zoning, health, safety, building and fire regulations and the obtaining and compliance with any and all necessary permits, licenses and certificates of authority. (e) Parcel A is in compliance with all zoning and land use reguirement_S. V.~,~e-.~ (f) Se~ler has no obligations to any finder or broker in connection with the sale of any or all of Parcel A. (g) No Hazardous Materials (as defined below) are or have been used, present, released, stored, manufactured, generated or disposed of on, under or about, or transported to or from, Parcel A (including, without limitation, the soil and groundwater thereunder). To the best of Seller's knowledge, no Hazardous Materials have been incorporated into or used in constructing any improvements in or on Parcel A. As used inthis Agreement, the phrase "Hazardous Materials" shall mean any hazardous, toxic, corrosive, reactive, ignitable, carcinogenic or reproductive toxic substance, material, product, compound, chemical or waste (including, without limitation, petroleum, including crude oil or any fraction thereof, asbestos asbestos-containing materials, flammable explosives, radioactive materials, and polychlorinated biphenyls) as 'defined in or regulated by any federal, state or local law, ordinance, s~v~ao'raoo7 .AOR ~23-~ -8 - regulation or code regarding the environment or health, ~-~ welfare ("Environmental Laws"). To the best of Seller's knowledge, Parcel A (including, without limitation, the soil and groundwater thereunder) is not in violation of any Environmental Laws. No above-ground or'underground tanks exist on, under or about Parcel A. (h) Parcel A consists of approximately L 7~'!~ ~' gross square feet of land. There are now and, at the time of the Closing Date, will be no material physical or mechanical defects of Parcel A, including, without limitation, the plumbing, heating, air conditioning, roof, HVAC systems, elevators, ventilation and other building systems, and Seller has maintained Parcel A in good operating condition and repair and in compliance with all applicable governmental laws, ordinances, regulations, and requirements. (i) All of .the documents, information and records provided by Seller to Buyer in accordance with this Agreement shall contain true and accurate information and do not omit any material fact. (J) Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other party before any court or administrative tribunal which is in any way related to Parcel A. ' " ---" (k) All contracts, agreements, understandings and commitments, written or oral, affecting any part of Parcel A, are disclosed. ~fna0u0~ox ~e~ -9 - (1) As of the ;time of the Closing Date, Seller shall have paid and settled all outstanding debts, claims and other obligations owed by Seller in connection with the ownership of Parcel A, the construction of improvements thereon or the maintenance thereof ("Debts"). Buyer is not assuming any Debts. Seller will indemnify and defend Buyer from all actions relating to collection of Debts. 13. PRORATTONS ~NDFXp~S~S. (a) Real Property taxes shall be prorated as of the date of Close of Escrow, beseduponthe latest tax bill available. Assessments of record shall be paid by Seller. Rentals, utilities, operating expenses and premiums for fire and extended coverage insurance on Parcel A, as handed to Escrow Agent, shall be prorated as of the date of Close of Escrow. Security Deposits shall be delivered to Buyer at Close of Escrow. Seller shall be responsible for the CLTA portion of the Title Insurance premium, and Buyer shall be responsible for the excess cost for the ALTA policy. (b) Buyer and Seller shall 'each pay one-half of the usual escrow fees, and Seller Shall pay the usual recording fees and any required documentary transfer taxes. 14. POSSESSTON. Possession of Parcel A shall be delivered to Buyer at, and the rents, issues and profits of Parcel A shall..."' accrue to Buyer from, Close of Escrow. 15. ATTORN~Y,S F~S. In the event of any litigation between the Buyer and Seller, concerning this transaction, the -10- prevailing party shall be entitled to reasonable attorneys, Disputes shall be submitted to binding arbitration before the American Arbitration Association in Riverside, California. 16. FTRPTA. Sellershall deliver to Buyer through escrow an affidavit executed by Seller under penalty of perjury stating Seller's United States taxpayer identification number and that Seller is not a foreign person, in accordance with Internal Revenue Code 1445(2). 17. ASSIGNMENT. Buyer may assign its rights under this Agreement or may designate a nominee to acquire title to Parcel A provided, however, that any such assignment or designation shall not relieve Buyer of any of its obligations under this Agreement. 18. RTSK OF LOSS. Risk of damage, destruction or loss of Parcel A, prior to the Closing Date, shall be borne by Seller. 19. NOTICE OF PROPOSRD S~T.~ OF P~RCRT. B. Should Seller desire at any time until December 31, ~2~, to sell, assign, }C~ grant, or otherwise dispose of all or any portion of the East Seventeen (17) acres of the Fifty Seven (57) acre site West of Diaz Road and South of Cherry (hereinafter referred to as "Parcel B"), and legally described in Exhibit B, attached hereto, it shall first serve written notice on Buyer in the manner prescribed in Section 23(e) of this Agreement of its desire to do so. The notice must specify: (1) the name and address 0f the -. person or firm to whom Seller intends to sell, assign, or grant Parcel B, (2) the portion of .Parcel B Seller proposes to sell, assign, or grant, (3) the price to be paid to Seller for the proposed sale, assignment, conditions of the proposed 20. BUY~'S OPTTON TO PURCHASE. Buyer shall have thirty (30) days, after receipt of notice given pursuant to Section 19 of this Agreement, to purchase that portion of Parcel B, specified in the notice at the price and according to all other terms and conditions specified in the notice. Buyer shall exercise its option in writing. Thereafter, Buyer shall purchase from Seller that portion of Parcel B specified in the notice according to the terms and conditions specified in the notice. Seller hereby consents to Buyer recording this option on Parcel B. 21. FAILURE OF BUYER TO EXERCISE OPTTON. Should Buyer. fail to purchase within the time and in the manner specified in Section 20 of this Agreement that portion of Parcel B specified in any notice given Buyer pursuant to Section 19 of this Agreement, Buyer shall promptly give written notice, herein called "the rejection notice," of that fact to Seller. 22. DEFAULT OF OPTION BY BUYRR. Should Buyer fail to elect within the times specified in Section 20 to purchase that portion of Parcel B specified in the notice given by the Seller to Buyer pursuant to Section 19 of this Agreement, the Seller is under no obligation to sell that portion of Parcel B to'Seller, "- but may instead sell it to the person or firm specified in the notice given by the Seller to.the Buyer pursuant to Section 19 of this Agreement at the price and on the terms and conditions or grant, and (4) all other terms sale, assignment, or grant. sffl11072007.AGR 0-23-92) -12- specified in that notice. Seller may not, however, without giving a new notice of his intention to so do, pursuant to Section 19 of this Agreement, sell any or all of Parcel B to any other person or firm, or at any other price, or on any other terms and conditiohs than those specified in the notice given by him to the Buyer pursuant to Section 19 ofthis Agreement. 23. MISC~.aN~OUS PROVTSTONS. (a) This Agreement may be executed in any number of counterparts which together shall constitute the contract of the parties~ (b) The paragraph headings herein contained are for purposes of identification only, and shall not be considered in construing this Agreement. (c) The contract resulting from the execution of this Agreement by Buyer and Seller supersedes any and all agreements between Seller and Buyer regarding Parcels A and B. (d) Time is of the essence in this Agreement. (e) Wherever Notices are required to be given pursuant to the provisions of this Agreement, the same shall be in written form and shall be served upon the party to whom addressed by personal service or by deposit of the same in the custody of the United States Postal Service or its lawful successor, postage prepaid, addressed to the parties as follows: ' TO THE BUYER: TO SI~-T.T.'EI:~.,' City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attn: City Clerk 50 Center City Associates Notices shall be deemed, for all purposes, to have been given on the date of personal service or three (3) consecutive calendar days following the deposit of the same in the custody of the United States Postal Service. "Seller" 50 CENTER CITY ASSOCIATES, a California Limited Partnership By: Name Title "Buyer" CITY OF TEMECULA, a municipal corporation DRAFT By: Name Title ADDRESS OF SELLER: ADDRESS OF BUYER: 43174 Business Park Drive Temecula, CA 92590